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sf- EVENING EDITION
' ' f j Or gQ .an of . EVENING EDITION WEATHER REPORT. Fair tonight with light frost; Wednesday fa'r and warmer. IS PENDLETON, OKEOON, TUESDAY, APKIL 13, 1909. NO. 6558 VOL. 22. GRAND JURY HOLDS FIVE All Accused of Robbery and Have Been Locked Up for Several Weeks. INVESTIGATION' OP LOCAL OPTION VIOLATE US SOO.V Vp to Throe O'clock Grand Jury had Returned True Mils Agulnst Five All Accused of Robbery All IIbvo Been in Jail For Sonic Time AH of Tlicin arc Young Men Two of Tlicin Captured In Pendleton and the Other Three Taken by a Con ductor of a Freight Train. Five men Indicted is the record of the grand Jury up to 3 o'clock this af ternoon. All five men are accused of robbery and have been In Jail for several weeks. They are Carl Palmer and Russel Smith, accused of break ing Into the Tatom and Elliott resi dences and Albert Crawford, Fred Smith and Vern Beard, accused of robhinr a box car. All five are young fellows. Palmer and Smith were picked up In Pendle ton hv Sheriff Taylor, the day follow Ing the commission of the burglaries while the other three were taken in charge by the conductor of the freight train, on which they were riding. He locked them In the closets of tha ca boose and brought them to Pendleton wbere they were turned over to the sheriff. The true bills against the first two were contained In the first report of the grand Jury, made last evening, while the other true bills were da ported by the Jury this afternoon. Several other prisoners are in Jail and the Investigation of the alleged prohibition law violations will not be made until after the grand Jury haa disposed of the caaes against them and against those persons who are out on bonds. Although there is no way of ascertaining for a certainty It la be lieved that the liquor enses will be reached by tomorrow afternoon. HARNEY SHEEP HERDER, ACQUITTED OF MURDER Burns, Ore., April IS. The Jury In the case of the State vs. John C. Med lln, for the killing of L. P. Barnes, after taking the first ballot, returned a verdict of "not guilty" within eight minutes after the case had been sub mitted to them. The killing occurred last summer. At thetlme some thought that It was the beginning of serious trouble on the sheep range In the Stein mountain country. Ramos was the aggressor, and the killing was done In self-defense. The attorneys, both for the defense and the state, submitted the evidence without argument. WANTS LICENSE BUT FORGETS NAME OF It RIDE Oakland, April 13. When Louis Baylard approached the marriage li cense clerk for the license to marry his sweetheart he suddenly forgot her name. He stood thinking until the clerk mentioned several ' Christian names, but none filled the bill. Fi nally, Baylard glanced at an Easter lllly nearby, and his face brightened, and he stammered "Lilly Irene" be fore he had another lapse of mem ory. Baylard got the license and told the Joke to a few Intimate friends. It Is so good that it soon became public property. "NICKEL EATERS GO IN SAN FRANCISCO San Francisco; April 18. Despite petitions of the principal bankers here asking that slot machines be al lowed to continue, the "nickel eaters" are doomed today. After July 1st no machines will be allowed to operate as a result of the ordinance passed by the supervisors yesterday. ' Cigar dealers made a hard fight to save the machines which are said to take In twelve million dollars annually. They were backed by the bankers who for some unknown reason want them retained, ' SAYS OREGON ILS ' BEST WATER LAW. Salem,. April 18. After a vis- It to Wyoming and Utah to ex- amine the workings of the wa- ter laws of those states, F. M Saxton, water commissioner, and State Engineer Lewis returned to Salem.- They pronounce Ore- gon's new water code better than any other In the country. IS FOUND WANDERING Friends and relatives of Elmer Gordon, were greatly concerned for a time yesterday when It was learn ed that he had disappeared from St. Anthony's hospital. He had been brought to the city from his home near Helix a few dnys ago for treat ment and whllo "flighty" by reason of his Illness ,he wandered away and started In the direction of home. He was picked up by the Northern Pacific train near Helix, last evening, the information having been wired to the sheriff's office by Conductor Bertholet. From Helix he was taken home by a Mr. Ferguson. Relatives were Immediately notified. Gordon Is a grain grower and about forty years of age. He Is reported to have made an unsuccessful attempt at suicide, recently. CITY AGAIN WROUGHT UP OVER RACE INTER-MARRIAGE Proinlnet Mission Worker in Ihi An geles Announced Engaged to Japa nese Minister of Presbyterian Jap anese Chureli Promised Wife In Frisco He Admits Marriage Will Occur Soon Both In Middle Age. Los Angeles, April 13. Discussion almost as great as that occasioned by Gladys Emery Aokl's marriage is rife here today following the report that Miss Kate Goodman, a promi nent worker of this city will marry Rev. Joseph Kenlchl Inazawa, min ister of the Presbyterian Japanese mission. He admitted their engage ment, stated that the marriage would occur shortly. The girl Is in San Francisco on business connected with the mission work. The Japanese is 45 and she la 40. She Is the daughter of a prominent New York family and a former stu dent of the University of Chicago. BROKE SEATTLE BROKEK JUMPS HIS MARRIAGE Seattle, April 13. Alvln R. Leh mann, the Tacoma broker, whose sud den disappearance a week ago on the eve of his marriage to Martha Chris tian of Seattle, and which suggested foul play, Is In Sarcramento, Calif. He wrote a letter to Dr. E. J. Moody, of this city and explains that he Is "broke" and asks for money so that he can return to Seattle. Miss Christian has been on the verge of collapse since bis disappear ance. Dr. Moody says he saw Leh mann the day before the date of the wedding and he was then in strait ened circumstances and had pawned his watch and a ring. NEW YORK EXCHANGE IS VOLUNTARY BANKRUPT New York, April 13. A petition In bankruptcy was filed today against Thomas A. Ennls, and Charles E Stophanl, who conducted one of the largest consolidated exchange houses In the city. It Is reported that the liabilities are a minion dollars. After Llndsey Russel bas been appointed receiver the firm made a general as signment for the benefit of creditors. ATTEMPT TO FORCE UNIONS TO OLD TERMS New York, April 13. President's of the anthracite coal railways, and re presentatives of independent opera tors of the hard coal region of Penn sylvania are meeting here today either to declare a general reduction of ten per cent in all wages of coal miners or a general lockout until the miners agree to sign the old agree ment relative to wages and hours. CHICAGO BULL MOVEMENT ADVANCES WINNIPEG WHEAT Wlnlpeg,. April 13. Flour has ad vanced here ten cents a bag, or twen ty cents & barrel. It Is said to be due to the bull movement at the Chi cago board of trade. ELMER KNIGHT IS O. R, A N. YARDMASTER Elmer Knight Is now yardmaster at the O. R. A N. depot, having re placed Charles Hamilton, the switch man, who took the place temporarily following the resignation of Steve Leonard, several weeks ago. 'Knight has been- night yardmaster at Uma tilla for some time, but Is well known In this city, where he was raised. He is a son of John Knight. To pray to be delivered from our trials would be to seek escape from our triumph!. . to it aim JAPANESE MUG WHEAT TYET Market Carries it a Quarter Cent Higher Than Previous Record, BROKERS ARE SCARED AND TRADING EASES At Very Opening of Market Wheat (iocs Up to a Pinnacle New Record- Are Soon Made In May, Jul and Kcptciiilicr Deliveries May Goon a Quarter of B Out Higher Tim it Any Previous Price and j;-iicli-d Record pr a Dollar and Twenty-Eight Brokers Seek Cov er. Chicago, April 13. Wheat shot skyward at the opening of the mar ket today. New price records were established In May July and Septem ber wheat. May opened at 81-28, a cent and a quarter higher than any previous record for the cereal. July opened at $ 1.16 7-8 and September at 31.09 3-8. Both of the latter are new records. Mav. July and September wheat weakened before noon. May and July declined one cent each, and Septem ber fell off 1 5-8 cents. Trading de creased during the morning. The un certain actions of the market is scar ing the brokers to cover. BRIDE OF THREE DAYS IS SUDDENLY INSANE Seattle, April 13. Mrs. Louise M Matthews, of West Seattle, a bride of three days, beweme vlolentlyfnsanc yesterday, and her husband, together with the police, removed her to the county Ja.il, where her mental condi tion will be investigated by' a lunacy commission. Dr. I. B. Green, interne of the Emergency hospital, examined the woman yesterday and pronounced her Insane. Mrs. Matthews Is 43 years of age. She was Mrs. Louise Wayhorn and was married to Albert Matthews, a railroad mail clerk, Wednesday. Yes terday, after she had attended the morning Eastern serv'ce at the First Presbyterian church, she and her husband went down town. She suddenly Insisted upon writ ing down everything her husband said. Words that caught her eye on signs she Insisted on writing. The husband of a few days was un able to do anything with his wife. She accused him of being insane. Pa trolman C. M. Ballard, who happened along, sent both to police headquar ters. The woman became worse and worse until, at the county Jail, she was a raving maniac. SOLDIERS THREATEN MUTINY IN CONSTANTINOPLE Constantinople, April 13. The house of parliament Is surrounded to day by two battalions of mutinous soldiers who are demanding the dis missal of Hilml Pasha, the grand vls er, and minister of war. . President of the chamber of deputies and rep resentatives of the sultan are parley ing with the soldiers trying to Induce them to return to their quarters. The soldiers declare that bloodshed will result unless their demands. are granted. MURDER MYSTERY NEAR TACOMA STILL UNSOLVED Tacoma, April IS. The .mystery Is surrounding the murder of contractor James Frace, whose body was riddl ed with eight bullets and found in a swamp near his home . Saturday. Eight detectives are unable to find any clew of promising solution. NEW INDICTMENTS AGAINST THE WIUTLA KIDNAPERS Cleveland, April IS. New Indict ments for the glndaplng .of Billy Whltla were returned by the grand Jury today against J. H. Boyl and his wife who are in the Jail at Sharon awaiting trial. MODERN ENOCH ARDEN CASEIN 'FRISCO San Francisco, April IS. Throughshe a suit for tne annuument or me marriage filed in the superior court of this city, by Mrs. Georglnna C. Powell, a story of a modern Enoch Ardon has come to light. Mrs. Powell married Harry T. Powell November. 1S6, and her husband left her in 1881, and for twenty-eight years he was not heard from, only a report coming that he was dead. In 1900 ITER BOARDS ILL FIGHT Ballinger Decided in Favor of "New," But the "Olds" Say They Will Fight. UMATILLA WATER USERS ASSOCIATION RENEWS FIGHT Stormy Session of the Water Users Association Results in Two Differ ent Boards Roth Claim to be Elec ted Ballinger Just Decides in Fa vor of the New Old Board Says It Will Contest Matter in Courts Battle Between the MeNaught and Skinner-Newport Factions. Washington, April 13. The contro versy between the two boards of di rectors of the Umatilla water users association was Settled today so far as the government is concerned, when Secretary Ballinger Instructed the re clamation service of the land office to recognize the so-called "new" board of which H. T. Irwin is presi dent. Hereafter the government will only recognize certificates of member ship signed by this board, unless the matter Is taken Into court, and de cided otherwise. That the government will be com pelled to recognize the "old" board despite the above dispatch was the declaration made to the East Oregon Inn, over the phone this afternoon by W. H. Skinner. He declares the "new" board or "Insurgents' haa nrver held a meeting and Is not In the possession of the records, while the jld board is in possession of the rec ords and was legally elected. He de clared that the courts of the state would so hold and that Mr. Ballinger would be forced to change his ruling. This trouble grew out of a stormy session at the annual meeting of the water users, held in Hermiston, sever al months ago. As a result of that meeting two rival boards were elected. The "old " board consists of Col. H. R. Newport, president; Fred Yates, secretary; W. H. Skinner, A. C. Craw ford and Frank Summerer. The "new" board consists of H. T. Irwin, president and Carl McNaught secre tary, while the other members were the same as those on the "old" board. It was apparently a fight between the McNaught forces on one side and the Skinner-Newport forces on the other. The ruling of Secretary Bal linger Is a victory for the McNaught forces, but that It will be disputed is Indicated by the decisive statement from Mr. Skinner. UTAH TO HAVE UNIQUE BUILDING AT SEATTLE Seattle, April 13. The contract for the erection of a thirty thousand dollar Utah state building at the Se attle exposition has Just been let, work to begin immediately. It will be unlike any structure on the grounds. The style of the architec ture will be like that used by the Hopl Indians in southern Utah. , The exterior of the building will be plastered in imitation of adobe, and quaint old carts, and Implements of the Pueblo Indians will be on the icrounds. The building will be In striking contrast to the classic, re nassiance types of the structures else where at the exposition. Governor Spry, who arrived here several days ago left for Salt Lake last night LOST BALLOONIST HAS THRILLING EXPERIENCE Walla Walla, April 13. Lane C. Gilliam, one of the ballooning party of six which had such an exciting ad venture In the Sierra Madre moun tains recently, had another thrilling experience yesterday, while en route from Seattle to this city, when he as sisted In disarming and subduing an Insane Italian who was on the train, flourishing a big slx-sbooter, and who had wounded the conductor in the arm and leg and had caused a panic In the car before being finally con quered. married James Warden and has lived with him since then. A few weeks ago a friend touring In South ern California saw Powell. Mrs. Warden was Informed, went to San Diego to ser her first husband, who was sickly and without funds. She brought him to this city, where he Is living with her relatives. . Since then she has refused to live with Warden, agreeing that It was best for annulment. H. AT John H. French ,a resident of Umatilla county for 30 years, died at his home, last night of old age. The deceased was past seventy, but his exact age could not be ascertained. Born in Missouri, he came to Ore gon 30 years ago and settled In the southern part of Umatilla county, where he engaged in the stock busi ness. He has res'ded in almost the same neighborhood since that time and Is known to all the old residents of the county. He is survived by three sons, D1I lad French, being probably the best known, and two daughters. Funeral services will be held at the home to morrow, a casket having been taken out from the Rader undertaking par lors this morn'ng. n IN Ml CASES HEWITT LAND CASE AND DIVORCE CASE DECIDED Jury Decides That Hewitt Must Pay Wado a Balance of $400 Duo as Commission for Selling His Farm Decides That Peter West Cannot Collect Balance Claimed for Secur ing Divorce Jury Favors Mrs. Ed wards. George Hewitt must pay E. T. Wade a balance of 3400 due as a commission for selling his farm and Peter West will not be able to collect a balance of 325 which be alleged was due him for having secured a divorce for Mrs. Carrie Edwards ' of Echo. This is the result of the first two cas es tried at this term of court. The first case was tried yesterday afternoon, though the defendant was In Walla Walla on a spree. It was given to the Jury about 6 o'clock last evening and the verdict was not ren dered until after 10 o'clock. It was contended by the plaintiff that be had entered Into negotiations with Hewitt to sell the latter's farm for him and that he was to receive the sum of 3500 for this service. Wade says he did not sell the farm but that he was only able to collect 3100. He sued for the 3400 balance and won his suit. Divorce Attorney Loses Suit. The Jury In the case of Peter West against Mrs. Carrie Edwards brought In a verdict In favor of the defendant, a few minutes before noon today. Peter alleged he had only received 325 on a $50 account from his former client while she produced a receipt for $37.50. This was alleged to have squared the account against her and the Jury awarded the verdict in her favor. This afternoon the time of the court U being taken up with the trial of the case, of George V, Clark against George Darveau. This is an action to collect a balance elleged to be due on an account. The -defendant claims he does not owe the money. PENDLETON STREETS LIKELY TO BE SPRINKLED TOMORROW One more day of dust and then the streets will be sprinkled. At least that Is in accordance with present in dlcatlons. It has been decided to whom each of the contracts will be let and as soon as these contracts and the bonds of the contractors can be approved by the council tomorrow evening, the papers will be signed tip. Those to whom the contracts are to be let have been notified of their se- lection and will be ready to start op erations promptly Thursday morn Ing. The housewife who has been engaged In one continual round of house cleaning for the past several weeks will no doubt hall the com mencement of street sprinkling with considerable Joy. O. K. FEED YARD HAS CHANGED ILNDS J. J. Howe and Walter Llndsey have purchased the O. K. Feed Yard in West Pendleton, of W. York. The deal was closed last Friday and the new proprietors have been in charge since that time. Mr. York left last evening for Ohio an Missouri, where he has property Interests that he will endeavor to dis pose of. If successful In selling bis property there, be will return to make his home in Pendleton. FORMER COUNTY RECORDER VISITS IN PENDLETON William Folsom, formerly county recorder of Umatilla county, but now dealing In real estate at Kennewlck, arrived this morning-to look after business interests ' here. He says Kennewlck and that section of Wash ington In general Is booming. ech give HANDS DDI A DECISION Supreme Court Today Decides Well Known Warner Valley Land Case. INVOLVES OWNERSHIP OF ' 2500 ACRES OF LAND Reverses Opinion of Circuit Conrt of Lake County Lower Court Tried to Establish That Land nad Been Ac quired Fraudulently neld False Representation As to Nature of the Supreme Court Ilolds Plaintiffs Can Demand Legal Title Will Go to U. S. Supreme Court. Salem, April 13. Justice King dis senting regarding certain lots only,, the supreme court today reversed the circuit court of Lake county, Judge Benson presiding, in the well known Warner valley cases Involving 2500 acres. The principal effort of the plaintiffs in the lower court was to establish the Ifict that the land was acquired from the government fraud ulently by representing it to be swamp land. The supreme court determin ed that the plaintiffs can demand le gal title and be given them by the defendant on the ground that a qual ified homesteader has a right to have a filing received by proper officials of government land office without condition. According to the survey made in' 1875 the land in question Is de scribed on the United States maps' as the bed of a permanent lake known as Warner lake, and not swamp. land within the meaning of the law. The cases are greatly In volved, containing many fine points. The plaintiffs in the six caseare: J. L. Morrow, W. H. Cooper. S. Dix on, P. . T. Foskett, J. E. Dunnevin, Jerry Harrington, John H. Green. The state also has a case pending against Warner Valley Stock company to recover a part of the land granted them by the government. All cases will be carried to the United States supreme court for final adjucatlon. FORMER PENDLETON GIRL DIES IN PORTLAND Mrs. William Zerung, formerly Miss Minnetta Gavette, died at her home in Portland a few days ago, the news having Just been received by local friends. The Gavette's made their home in Pendleton for several years and it was here that the deceased met and married Mr. Zerung, who was then a stenographer at the local of fice of the O. R. & N. He has been In the employ of the O. R. A N. in Portland for a number of years. Mrs. Mary Morgan Dies. Word was received here this after noon of the death In Portland yes terday of Mrs. Mary Morgan, at the age of 37 years. She had been ill for a month. Mrs. Morgan was for merly Miss Mary Smith, being a daughter of Mr. and Mrs J. K. Smith formerly of this city but now resi dents of Pilot Rock. Funeral services will probably be held here tomorrow. CHINESE PETrnON AGAINST FULTON REPORTED DROPPED Efforts of a few residents of China town to discredit the appointment of ex-Senator Fulton as Minister to China are said to be abandoned, says the Oregonlan. A petition is said to have started yesterday that would ask the Chinese Minister at Washington to protest against Mr. Fulton's appointment on the ground of his alleged hostility to the Chinese race and his supposed activity In the passage of Chinese exclusion laws in the past. The. petition, lacking sup port, is said by prominent Chinese to have been abandoned yesterday. It Is reported that only a few signa tures were secured to the petition and that those responded for starting it on its rounds were completely discourag ed yesterday. They are said to have given up the plan cf defeating the appointment and io have withdrawn their petition. SHOT TRYING TO GET MONEY BACK Butte, April 13. Because be "went broke" in gambling In the Mountain View saloon, Edwin Madden whp attempted to rob the "bank" Is Bhot and dying today. Thirty men were play ing last night when he seized 358 and ran for the door. John Salsia, the bartender, shot blm. On his death bed today he reclared, "L got. what- was coming to me."