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. .. .. ).,. . 1 - 4 OAILYEV UITI0!I maBIIHBEDITIW WEATHER FORECAST. Fair tonight and Thursday, People from ten counties In eastern Oregon muko Pendleton their trad ing and banking center. There's a reason for It. It Is the Pendleton Spirit VOL. 20. PENDLETON, OltEGON, WEDNESDAY, OCTOBER 10, 1907. NO. 101 2 11 GUILTY IH FIVE MUTES John Price, Charged With Horse Stealing, Convicted in Record Breaking Time, ONLY ONE BALLOT NECESSARY TO DECIDE Jury .'lellres at 11:50 After Receiving Request Judge, to Remain for a Fevr Moments, Reach Verdict ami Return to Announce as Clock Strikes 12 Lively Tilt Between Attorneys Iiice Says He Whs Hired by Connell IYultt Denies Statement Made by Price. On the first ballot and within five minutes after they had left the court room, tbe Jury In the case of John Price, charged with horsestealing, reached a verdict of guilty. By their I quick action In the case the jury es tablished a record for the local court Is not for the northwest. At 11:60 this forenoon, Judge Bean finished his Instructions to tho Jury and the 12 men retired. A minute later they sent by the bailiff a re quest that the Judge remain for a short time. At three minutes of 12 a rap was heard on the Jury door and It was announced that a verdict had been reached. The participants In the trial were summoned and while the Jury was being polled by the clerk the court houe clock struck 12. After retiring the Jury had chosen E. F. Straughnn as foreman and the first ballot convicted Price. The- following Is the personnel of the Jury; E. F. Straughan, foreman; W. R. Melners, J. K. Graham, J. S. Rlchoy, F. E. King, F. II. Richmond. C. A. Winn, O. F. Steele. W. II. Bond, Isaac Hagen, Frank Greer and H. Lorcnzen. At the beginning of testimony In the Price case today another of tho Rascal! brothers was placed on the stand by District Attorney Phelps. He was the one who had gone to Baker I City to recover the band of horses after they hnd been located there. Ho said ho had gotten them from Connelly, who ran a feed yard, and hud driven them buck home, arriving In the nl?ht time. Connelly, the Baker City feed yaid man. was then called and said he recognized Connell as one who had sold him a horse during the summer. He also told of the stolen band of horses being left nt his place by a deputy sheriff and the chief of police of Baker City. Jacobsen of North Powder, told of his dealings with Connell and Price. He said Price hnd come to his place and asked him to look at the band of horses. He did so and bought them, for $4 50, giving Connell a check for that amount. From Paul, he then learned that something was wrong against Price, Is maintained by At torney W. C. E. Prultt. According to Mr, Prultt, the statement made against him by Connell this morning was wholly unjust and was due to the desire of Connell to show a glib ness of tongue. NEW ALASKAN MINERAL. Mlnrrologlsts Cannot Determine Up- on Its Clarification. Seattle, Oct. 16. A recent dlscov ery 126 miles below Rampart on the Yukon has aroused Intense interest In the north. James Langford, a Rampart pioneer, has found a vein of mineral of the consistency of chalk and of an Indigo blue In color. It can be used as ordinary chalk. None of the Alaskan . mlnerologlsts can Identify it and It Is being sent to Se attle for analysis. There are now In Alaska probably a dozen unidentified specimens of minerals and one of the many bene fits to Alaska and Yukon of the Alaska-Yulrbn-Paclflc exposition, which will be held at Seattle in 1909, will be the assembling and classifying of these now unknown specimens. In many cases the owners of the veins of unidentified mineral . believe that they stand a chance of winning great wealth as their find may be some hitherto undiscovered combina tion. As original research work will go on all the time the exposition is In progress, one of the first duties of the savants In charge of this branch will be the Identifying of these unknown elements or combina tions, and the adapting of them to some commercial purpose. INT OF MM BOOKKEEPER AND III RUINED TO! MONEY MISSING People Wandered Aimlessly . Willard Brown of the Garden All Night Over the Scene of j City Packing Company Em Yesterday's Explosion. SITE Or FONTANET POWDER MILL IS GREWSOME bezzled Funds. WARRANT FOR ARREST ' NOW IN SHERIFF'S IHNDS FIGHTING TO EVADE PAYMENT. Four Packing Concerns Submit Briefs In Rate Cases. Washington, Oct. 16. Roosevelt's rate policies come up before the su preme court today, when briefs were submitted on petitions, for writs of certiorari, whereby four packing concerns hope to evade the payment of fines for accepting concessions from the railroads, on export meat shipments. The department of Justice Is fight ing the writs on the grounds that a favorable decision would take the en tire field of foreign commerce from the Interstate commerce commission, leaving the roads free to grant re bates and continue discrimination. The packers claim that the Elklns law Is unconstitutional. Young Man Employed by Reynold Harras Takes Sudden Leave. With Several Hundred Dollars Has Not Been Seen Since Lawt Thursday and Has Good Start of Officials B. fore Beginning for Harras He Was Employed at Hotel Pendleton aa Clerk. Willard Brown, late bookkeeper for the Garden City Packing com- FINOS MEET Legs, Anns and Bits of Flesh of the Victims Litter tlie Ground Big Four Road Rushes Tcnw and Pro visions to the Wrecked Village One Lone Mule Stabled Near Pow der Mill Eaped With But Slight BrulHts Trees Are Stripped and Grass Withered as by a Blast From a Furnace. Fontanet, Ind., Oct. 16. Last night was one of horror for the distracted Pany, Is now proclaimed an embez Inhubltants of the stricken village. xler and a warrant for. his arrest li Most of them slept in the open or now wltn Sheriff Taylor. For sev rather wandered about aimlessly eral days Past tne officers have neer. waiting for the dawn. looking for. Brown, though the fact The militia Is guarding the place !nas not been generally known, and to prevent looting. ja net Is now spread that will likely All leaves and green things are result In hls capture, blown away and the place looks as If According to the butcher shop It were blasted by an awful fire. The Pe0Ple tne exact amount of Brown's ground about the spot where tha shortage Is not known. But it Is powder factory stood Is torn up al ald t0 amount to several hundred If plowed and the rescuers sink to dollars and may reach a half thou- thelr shoetops. , sand. The site of the powder mill Is lit- Brown had been employed as tered with arms, legs and burnt bits bool,teePer by Reynold Harras, man- of flesh that were once human be- afer of tne shop' for tne past two lngs. imonths. Last Thursday he left towi. Superintendent Houghton of the and 8lnce tnen lt has been J'covered Big Four railroad arose to tho emer'!80 11 18 sal(1' tnat he ha(1 sadly Jug gency as a man of the hourrwa tete-i'" with the funds Irt his charge nhnnpfl P.nr.rn.. t-t . ... . . . ihefnro laAvlnir """" iiumry inai lents i ...... tiorore going to work for the Gar den City company Brown had been for a time night clerk at the Hotel Pendleton. Personally he was slight ly under medium size and was of n , good appearance. But little seems to RAINIER SALOON CLOSED. With Nearly $8000 Indebtedness Re sort Wan Closed by Sheriff. With a total Indebtedness of $7982 standing against it, the Rainier Beer Hall, owned by James A. Sny der, was closed by the sheriff this morning. The Indebtedness Is to the Seattle Brewing & Malting company and Is for liquors supplied to the lo cal saloon. The debt was covered by a chattel mortgage which was foreclosed. During the past year or more Mr. Snyder has conducted a wholesale beer business here and backed sever al different saloons that failed to prove financial successes. For sev eral months past Mr. Snyder has been traveling salesman for a whole sale liquor house, but Is now In the city. SAWYER WILL APPEAL. Monee'8 Slayer WJ1I Seek New Trial To the Penitentiary Meanwhile. That the Sawyer case will be ap pealed to the supreme court was an nounced today by. W. C. E. Prultt, attorney for Sawyer. However, no writ of probable cause will be asked for and Sawyer will go to the peni tentiary while his case Is pending In the supreme court. At his recent trial Sawyer was con victed of manslaughter and was sen tenced to 15 years In the peniten tiary by Judge Bean. Should he be granted a new trial he could not be convicted of a greater crime than manslaughter and as he is already under the maximum sentence for that offense he has "all to gain and nothing to lose" by an appeal. PEIIETOII EEKS Tl Local Lodge Will Have Rough Rider Troop in Big Parade Thursday Night. EQUIPMENT CARRIED BY O. R. & X. FREE OF CHARGE At Least 75 Members of Pendleton Lodge Will Go Over to Walla Walla In Special Car Tomorrow Night Troop of 30 Dressed In Sombreros, Cliapo, Spurs, Six-Shooters and Typical Western Accoutrements Will Take Part In Big Parade Elks' Day Exercises at Walla Walla Fair to Be Rest of the Week. To Select Successor to Small. Chicago," Oct. 16. Information here Is to the effect that the teleg raphers' convention at Milwaukee, October 23, will select a new presi dent In the place of Small and that another official, National Secretary Russell, may also go. FOR NOME RULE rival in Pendleton The fugitive Is a married man, but when he left here last week his wife did not accompany him. However. she is said to have left town subsa quently and may be with him at this time. SECOND NATIONAL ASSEM BLY NOW IX SESSION. Secretary Taft Convejed tho Greet ings of the American People in an Able Addre Military and Naval Officers ITesent In Laro Numbers 1'llipliion Milking Excellent Pro BTchm In the Ait of Self-Government. Manila, Oct. 16. The second great step In the plans of tlie American government to muke the Filipinos nrlth Gmlfh tha nnma hv wlllph PrlpA was tfolng. was not his true name. hi "u,,'nlll l0""y w"en " " ; ' . . . the representatives chosen at the first then stopped payment on the check ,n(iunr electong neJ mQnth and told Connell to come and take flthprPl, , th rnnltfll fn ,hB onpn. i . . .. mu 1.4... .il l 1.. ' IMirSCB. lilt! IULICI lllll BU HIIU It'll. ' with them In the direction of Baker City. E. E. Larson, who owned one of the horses stolen, then gave brief testimony and at the conclusion of tho same the district attorney an nounced, "That's our case, your hon or." ' Boomerang for Prultt. Beforo taking up the testimony for the defense Attorney Prultt asked to be allowed to recall Roy Connell for further cross-examination. Connell was put on the stand and the first question proved a decided boomerang for Prultt. "While In the county Jail during tho past week didn't you say to Mike McCarty, Borton or others that you were to get off with one year for tes tifying as you did yesterday," was the query. 4 After some parleying Connell was allowed to answer and he said: "John told me to say that and so did you." This "bawl out" for the defendant's lawyer caused a pronounced sensa tion throughout the court room and caused the cross examination to be abruptly terminated. For tho Defense. When the defense's Inning arrived this forenoon, but one man was call ed to the witness stand. It was Price himself, and he told a story which If true would make liars out of all the others who had testified during the case. He maintained that he had been merely hired by Roy Connell to help htm drive the horses and was guiltless of any evlldolng. The arguments by the attorneys were very brief and among those who had listened throughout the trial, there was a general sentiment that a prompt conviction would result. Prultt Denies Allegation. That he had never asked Roy Con nell to claim that he had been offer ed lighter punishment to testify ing of the national assembly. The presence of Secretary of War Taft and his address conveying the sent! ments of the American people added to the Importance of the occasion. The inauguration of the assembly took place In the opera house and was attended with military and civic dis play. The auditorium, which is the largest in Manila, was thronged with hundreds of citizens of all classes. In addition to the membership of the assembly. In the audience were many army and navy officials, consular officers and others whose uniforms added brilliancy to the Impressive scenes. The ceremonies were opened with an invocation by Archbishop Harty. Governor General Smith then took the chair and after a few brief re marks Introduced Secretary Taft, who delivered the principal addre of the occasion. The secretary of war was given an enthusiastic reception and his address was loudly applauded. hflrl haan aa... j . . . dcuicu uiiu special trains, gratis, from his road, had been rush ed to the relief of the town. One mule, stabled near the mill escaped with no Injury beyond a burned hide. The death of Superintendent Mona- ! be known ot nls U before his ar nan reveals a sad story. Monahan had begged the company to accept isMnon, out the company de layed. He was blown to stnm. r,A his two sisters nnd a nelce 'were burned to death in their home over, looking the plant. Explosion Cunsed by SMirk. Money is being raided to provide for relief. The Tcrre Haute Lumber company has sent a carload of lum ber to provide for Immediate renn fr of some of the homes so the women can have roofs over their heads. The list of unidentified dead re mains at 30. The state factory in spector will conduct an investigation Into the cause of the explosion. The cause of the explosion is said to have been a hot box In the shutt ing in the ginzing mill. Sparks flew up Into a pile of loose powder. Win. Shrrrow, a workman In the glazing mii!, recovered consciousness today ami gvn this as the cause. He suld the hot box was discovered Sunday, but an explosion was then averted by flooding the box with water. EARTHQUAKE IS EXPECTED. Wifitiingtoii, oct. . Aews of a his earthquake is expected. The sclMi'njrnjph has showed greater vl tirntion (linn at time of the San Fran Cisco si in ken p. COPPER OFF FIVE POINTS. Scuttle Horse Show Opens. Seattle, Oct. 16. With four nun died of the best animals in the north west the Seattle horse show opened 1 1 . i a afternoon. Seventeen classes were Julged today and eight tonight. Aurel Batonyl of New York, Is pre siding as Judge. Foxcatcher, . Allan Pinkerton's famous Jumper is a fea ture. '! TRAINS ON NORTH RANK. Regular Freight Service as Far West as Roosevelt, 50 Miles Below Umatilla. George D. O'Conner, traveling freight agent for the Northern Pa cific, came In today from Walla Wal la ind says that a regular freight train service has been Installed on the north bank, or Portland & Se attle, railroad as far west as Roose velt station, 50 miles west of Uma tilla. No regular passenger service has been Installed as yet, though occa sional passengers are carried on the freight trains and as soon as the line Is completed far enough west to con nect with regular boat lines a pa Sanger service will be Installed. There are now thousands of tons of wheat piled up along the road awaiting shipment to Portland by boat. Cut In Amalgamated Copn Divi dend Causes Hurry on Market. New York, Oct. 16. Expectation of a cut in dividend In amalgamated copper caused a flurry In the copper market today and caused amalga mated to sell off five points and American Smelter, eight. There was almost a panic at times in the market. Denver & Rio Grande Oerators Out. Portland, Oct. 16. An uncon firmed Tumor heard in San Francis co says that the Denver & Rio Grande railway operators struck today. President J. E. Chilberg of the Alaska-Yukon-Pacific exposition, Is taking a trip, throughout the east and middle west in the interest of the 1909 fair. i : r . ; Ford Confident of Acquittal. San Francisco, Oct. 16. The sec ond trial of Tlrey L. Ford, leading counsel of the United Railroads, 'charged with bribery, begins tomor row. Ford is confident of his ac quittal. Ruef, the convicted boss, is expected to testify. Bob Evans in Washington. Washington, Oct. 16. Reer Ad miral Evans, who Is In command of the Pacific squadron, has arlved nt Washington to spend the week and have a ten-days' consultation with offlcals of the navy department over details concerning the long cruise. Eighty Greeks Here. A crew of 80 Greeks which will be distributed to different parts of the O. R. & N. system, has been In the city today. But a tw of them un derstand a word of English and It is necessary to have an Interpreter with them m order to get satisfactory work. Johnson-Flynn Bont Delayed . San Francisco, Oct. 16. JacK Johnson and Jim Flynn will not fight until November 2. The battle will be for 45 rounds. The delay is caused by Johnson, who wanted more time to get In condition. coral IT PORTLAND GIVEN AS REASON FOR GRAIN EMBARGO BY O. R, & N. Flrvt Admission by Northwestern Kitilroad That Facilities Are In adequate to Handle Crops O. R. & N. Will Receive Shipments of Grain for Only Four Portland Companies Other Companies Vi tally Affected by the Ruling. EASTERN OREGON OWESE IS CREATED The Episcopal diocese of eastern Oregon has Just been created by the general convention of the Episcopal church now in session at Richmond and a missionary bishop for this dio cese will now be appointed by the missionary board of the church. Bishop Charles Scaddlng of Port land, who Is now bishop of all Ore gon, presented the request of the eastern Oregon parishes for a sepa rate diocese and after considering the Immense size of the state and enormous mileage to be traveled by one bishop In covering the entire state the convention granted the request and created the diocese of eostern Oregon. The missionary board of the Epls- copal 'church will appoint the bishop and after he looks over the field per sonally he will decide upon a loca tion for the bishopric and headquar ters, which it is now universally be lieved will be located at Pendleton. The creation of the new diocese also means the increased allowance of missionary funds for eastern Ore gonlan and a vigorous and energetic era of evangllzatlon and upbuilding for the Episcopal church in this sec tion as well as the erection of a large and costly cathedral at the headquar ters of the diocese. There Is general rejoicing among members of the church in eastern Oregon over the success of their ef forts, us It has been desired for sev eral years that a separate bishop be placed over this part of the state, since It has been Impossible for one bishop to cover the state adequately or with satisfaction either to himself or to the church. ' What Is practically an embargo upon all grain shipments from the nland empire, excepting to four Portland concerns, has been issued by the O. R. & N. company on ac count of the congestion of grain' at Portland wharves. In a notice to all conductors and station agents the company gives ex plicit instructions that no cars be spotted nor shipments of wheat or barley received for any grain ship ping companies, except the Pacific coast Elevator company, Portland Flour Milling company, The Kerr- Gifford company and Albers Broth ers of Portland, and states as a rea son for the order that the tracks are crowded with unloaded cars and the harves and docks are congested with shipments which cannot be moved. This is one of the first admissions on part of a railroad company in the nonnwesi mat the traffic of the country is outgrowing the facilities and will perhaps stimulate efforts to ward securing more cars, m6re rail roads and more boat lines. Thousands of tons of wheat and barley are now stored in the ware houses of the northwest awaiting shipment and while the four compa nies mention In the order will handle the bulk of this traffic, yet other companies will be vitally affected. Seventy-five Pendleton Elks w;lll go to Walla Walla tomorrow evening, In a special car over the O. R. & N. to take part in the monster Elks parade to be given by Walla Walla Elks In the Walla Walla fair program tomorrow night at 8 o'clock. This evening Exalted Ruler C. J. Ferguson, Paul Sperry, J. R. Raley and Harry Norwood will leave for Walla Walla with a carload of equip ment and 30 horses for the parade, the O. R. & N. company having furn ished free, a car for the transporta tion of the Elks' equipment from this city to Walla Walla and return. A special car will also be provided for the party of Elks to go over to morrow night and aside from the members of the local lodge, a large number of Pendleton people are ex pected to go to boost for the Pendle ton boys In the parade and to attend the Elks' day exercises, which prom ise to be the most entertaining of the week at the Walla Walla fair. ' Excursion rates have been granted by the O. R. & N. to Walla Walla for the entire week and many are taking advantage of the occasion to visit the Garden City. Rough Rider Troop. Pendleton Elks will enter the Elks' parade at Walla Walla tomorrow night with "Rough Rider" troop, on horseback, and today members of the troop have been busily engaged In collecting chaps, spurs, saddles. six-shooters, sombreros, rlatas and other rough rider accoutrements for the big event. At least 30 will take part In the parade and the Pendleton troop Is expected to carry off the honors of the evening with its unique and real Istlc feature. Practically all of the equipment used In the Elks' parade In this city during the district fair will be sent to Walla Walla tonight and the Pen dleton lodge will present one of the most laughable and entertaining stunts ever enjoyed in Walla Walla. The local lodge highly appreciates the courtesy of the O. R. & N. com pany, which, through Agent F. J. Qulnlan of this city, granted free transportation to their equipment to and from the Garden City. MANY COAL LAND ENTRIES. BIBLE FOR CIRCUIT COURT. Juror Would Have Bretliren Read Good Book During Trials. This morning a copy of the Bible was presented to the circuit court by R. E. Stewart, one of the Jurors who has been In attendance during the present criminal session. The book is an illustrated edition and on the fly leaf bears the Inscription: "To the circuit court and Jury room, from J. E. Stewart." Just why the presentation was made has not been learned, but In view of tho tales of depravity to which the court and Jurors have lis tened lately it is fitting that the good book should be on hand for the pur pose of maintaining a moral balance. A new 1100,000 hotel Is being plan ned for Tacoma, present facilities be ing Inadequate. Yakima Land Office Receives $28,680 In Filing Fees. The sum of 128,680.60 was paid to the United States land office In this city yesterday by Yakima people who made final proof at that time on coal lands in the Cowlitz Pass cover ing an area of several sections, says the Yakima Republic. The surveyed line of the North Coast railroad tra verses this entire mining district, the western part of the region being only 28 miles from the present terminus of the Tacoma-Eastern railroad. The district is only 45 miles from North Yakima. Eighteen claims were prov el up. The manner of exploring and de veloping the prospects in this coal re gion, until no possible doubt remains of the fact that it is one ef the most extensive anthracite districts on the Pacific coast is probably an old story; and yet so" little have the Interested parties said about their promise of financial reward in the development of this wonderful part of the coal area that the greater part of the story remains to be told. The character of the narrative may be anticipated by the extent of the record made in the land office in this last transaction. Died front Railroad Accident. P. F. McCarty, who was injured In a cave-In accident on the raiiroa.t near Nolln several months ago, died at the hospital yesterday. He was working with a concrete gang at the time and another man was also bad ly injured, though he has since re covered. No arrangements for Mc carty's funeral have yet been made. Herman Halverson Is Surd. Attachment proceedings have been started by ihe Savins bank against nerman Hoiverson to collect $500 sail to b- due upon a note. The suit w: fi'ed this morning by J H. Raley, attorney for the bank, and an attorney's fee of $50 Is alsj asked for.