davidaulloa/AmericanStories huggingface dataset:
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
SECOND TRIAL OF MRS. MABEL WARNER

Mrs. Mabel Young Warner is once
more upon trial charged with having
forged will whereby she is allege
to have made herself the principal
beneficiary of the $4,000 estate left
by her uncle and stepfather, the late
j. w. Young of Weston.
The trial of Mrs. Warner was taken
UP this forenoon soon after the Nc
Manus verdict had been brought in.
In addition to Judge James A. Fee,
Judge S. A. Lowell is also appearing
for the state this time and Colonel ].
Fl. Raley is serving with Messrs. Win
ter & Collier in the defense.
The selection Of a jury was taken
up soon after the case had been call
ed and during the forenoon six men
were secured as follows:. G. w. Gross,
Fred McCrea, William Duff, j. S. Vim
son, I. A. Christopher and T. ]. Con-
rad.
BY the time the above were secured
the list of jurors had been exhausted
and 1t was necessary to summon new
lot. Accordingly a recess was taken
until o'clock tomorrow morning and
after the adjournment the following
names were drawn from the regular
panel: j. G. Royse, Juniper; Otto
Reiman, Hogue; H. ]. Taylor, Fulton;
John Marder, Milton; c. w. Perrat,
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

Yoakum; c, w. Steen. Milton; Geo.
Terney, Union; Fred Searcy, Pendle-
ton; NJ. NJ. Wyrick, Pendleton: ]. G,
Mcclellan, Yoakum; r. H. Wilcox.
Pendleton, and E. J. Chastain.
In view of the amount involved in
the Warner case and the array of le-
gal talent, no wengaged, 1t is proba-
Bile that the second trial will be even
harder fought than the first and that
it will require some time to complete
the case.
BurfOrd Hasn't Paid.
While the court was awaiting the
arrival of the McManus verdict this
morning, Judge Fee brought up the
subject of the Burford case. In dis
regard of the order OF the court, w,
d. Burford has failed to pay his di-
vorced wife, through the county clerk,
the sum of SIS per month as alimony.
Consequently Judge Lowell, attorney
for Mrs. Burford, filed a motion sew
eral days ago asking that Burford be
required to appear and show reason
why he should not be punished for
contempt of court. In behalf of his
client, Judge Fee. counsel for the tel
ephone manager, said this morning
that If testimony was to be taken in
the case he would have to secure some
dispositions from outside the state.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

agreement had been reached and it
was decided to postpone further con-
sideration until morning. After
breakfast this morning further vot-
ing WIS commenced and at s o'clock
the deciding ballot was taken.
Verdict Surprise.
The verdict of acquittal came to
the side of the defense like burst
of sunlight from a blackened sky.
Yesterday was dark day for the
defendant and his wife and friends.
Tor until the instructions of the court
We're given there were few who be-
lieved McManus would go clear.
In closing the argument for the
state, District Attorney Phelps con-
sumed two hours of time and present.
ed the case in very thorough man.
ner. 1t was $3.50 when he concluded,
and Judge Bean declared a recess
until 1880. at which time he an
nounce1 he would instruct the Jury.
Instructions Aided Defense. =
AT the appointed time court con-
vened and with the court room well
ftlled Judge Bean began upon his in
structions to the jury He first read
the general instructions for such a
case as the one on trial and then
charged the jury regarding the par
ticular case on trial. The following
is the substance of some of the more
important instructions:
"If you believe that the defendant
at the time of the killing was SO bad
ly intoxicated that he was incapable
of premeditation or deliberate action
ycu cannot bring in a verdict of gull
ty in the first degree. The killing
was justified If the defendant believ-
ed that he was in danger of great
bodily harm; If the killing was done
in spirit of revenge or reckless spirit,
1t was not justifiable. If the defend
ant armed himself with deadly wea-
pom and then sought the deceased or
the person whom he thought the de-
ceased to be for the purpose OF
killing him or of provoking
quarrel with him, then
the killing was not justifiable: you
have right to consider the reputa-
ton of the deceased as to his honesty
in so far as 1t might shed light on
the events as they took place at the
time OF the killing, but 1t is no less
criminal to kill a dishonest man than
an honest one; If the defendant pro-
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

Chicago, April 3O.-Radicals among
the Chicago leaders of organized labor
are agitating to secure the presenta-
ton to the senate next winter of a
petition for the impeachment of Pres
ident Roosevelt. Some leaders with
socialist inclinations are at the hea i
of the movement. Whether the petit
tion will be filed with the senate de-
pends upon the reception it is given
by the main labor bodies when the le-
gal committee of the Federation of La
Dor completes its report. The COM
mittee has been working for two weeks
preparing charges. Those charges
considered as a basis for impeach-
ment are:
That the president sought. receiv-
ed or caused to be received and used
for campaign expenses and the pro-
motion of his own candidacy, $780,
600 contributed by Hartman and
oi.eJs representing the corporations;
that he violated propriety by express
ing opinions prejudicial to Meyer,
Haywood and Pettibone; that he is
guilty of repeated meddling in state
politics; that he has exceeded his au-
thority in seeking the defeat of poll
ticians opposed to him. Another
charge grows out of the part his cab
met officials took in the gubernatorial
campaign in New York.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
WALLA WALTA FRUIT KILLED
Frost Has Practically Destroyed the
Entire Crop.

Walla Walla, April 3O.-From re-
ports that have come in from all
parts of this section the fruit crop
has been damaged to an enormous
extent by the frosts of the past two
nights.
The beautiful blossoms of last
week are a thing of the past and
black withered blotches have taken
their place.
The Strawberries and peaches have
probably suffered the worst, but an
pies and prunes are also damaged to
a considerable extent Gardens are
damaged to a considerable extent.
Gardens are damager and will be
later as will the cherries and prunes.
About an inch Of ice was formed Sat-
urday night and last night was near
ly as bad.
The frost seemed to have done
more damage north of the state line
than south and it is thought that the
Milton fruit growers escaped a greatI
er part of the damage. From Walla
Walla south, however, the early fruit
seems to have been nearly all killed
though according to some of the
growers the late fruits are not in such
bad condition as thought at the start
and part of crop may result. The
damage will amount to thousands of
dollars.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

Washington, April 30.-The inter-
state commerce commission today gave
hearing in the case of the Warren
Manufacturing company and others
of Warrenville, S. c., against the
Southern and other railroads. The
question involved in the case is that
of rates on cotton goods from South
Carolina and Georgia points to New
York
The issue is drawn on the allegation
that the railroads have Disseminated
in favor of northern manufacturers,
and especially in favor of northern
capitalists who have heavy invest
ments in southern factories, at the
expense of the smaller manufacturers
of the south who have been able to
invest in the business only the earnings
of the original ventures, which were
invariably small. Whereas many Of
the northerners in the business have
been able to put into it railroad and
coal earnings from investments in the
northern and western states.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
w. A. STORIE RESIGNED.
Popular o. r. & n. Official Will Be
Employed With Eastern Steel Bridge
Firm Hereafter.

W. A. Storie. who has been con-
nected with the bridge and building
department of the o. R. & n. at Pen
dleton since the road was first con-
structed over 90 years ago, has re-
signed as superintendent of that de-
partment and will accept a position
with peets & Deets, bridge builders
and contractors of the east.
For the past four years Mr.. Storie
has been superintendent of bridges
and building on the o. r. G. n. and
has had charge of all the bridge work
on the system. Formerly he was
foreman of carpenter gangs and as
sistant superintendent under =. A.
Cameron. He is one of the most pop
ular and efficient officials on the svs-
tenn and has HAD much to do with
making the O. R. & n. bridges among
the best in the west.
Alexander Anderson, superintendent
OF the same department on the Wash
ington division, has also resigned.
Mr.. Storie will remain in charge for
few days when he will take a short
vacation before entering his new
duties with Deets & Deets.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Relief for January,

Washington. April 3O.-The presi-
dent has decided to either pardon or
commute the sentence of William
January so he will be released at once.
January was rearrested to complete
a term at Leavenworth after living
for years respectable life in Kansas
City. He had married and had a
daughter.
When January escaped from the
federal prison he was serving term
for grand larceny of government
property. He had but a year more
to serve, and has been at large II
years, living an Industrious and other
wise model life.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
HORSE TANGLED
AND STRANGLED
STOLEN AND CARELESSLY
STAKED OUT ON AN ISLAND.
George Adams Horse Was Taken
From in Front of the Echo Postof-
flee Saturday Last-Thomas Jeffer-
son, Accused of Stealing the Animal.
Bound Over and Is Now i'm the
County Jail.

Thomas Jefferson, unworthy bearer
of an illustrious name, is now in the
county jail charged with having stolen
horse at Echo Saturday and of hav-
ing staked out the animal in such a
way that it choked to death.
Jefferson was brought up from Echo
last evening by Marshal Jack Noble
of that place. He is accused of having
taken horse belonging to George
Adams and valued at SIS, from a
hitching rack in front of the postoffice
last Saturday. Later the horse was
found on an island close to the intake
of the government canal, and he had
been choked to death through becom-
ing entangled in the stake rope.
After the finding of the horse efforts
were made to locate the guilty party
and suspicion became fastened upon
jefferson, who was arrested and given
preliminary hearing in the Justice
court at Echo yesterday j. F. Shell
ton appeared for the state at the ex-
animation and jefferson was bound
over to the circuit court by Justice
Dorm.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

John =. MCManus is now a free
man, for IL good men and true have
declared that he committed no crime
when he killed "Boh" Estes in the
rear of The Pullman saloon on the
eighth day of February. The verdict
was brought in at 9:15 this morning,
after the jury had taken but seven
ballots. agre eing upon the verdict at
s o'clock this morning.
1t was a few minutes after this
morning when the door of the Jury
room was swung open by Bailiff
Blair and the IL jurors walked forth
and entered the court room IN sin
gle file. AS they entered 1t was seen
that ]. w. Tulloch held paper In
his right hand, thus indicating that
a decision had been reached and that
he was foreman of the jury.
After the jury roll had been called
by Clerk Frank Sailing Judge Bean
asked: Gentlemen. have you agreed
upon a verdictf"
I'VE have" responded Mr.. Tul-
loch, rising from his seat.
Pass It to the court through your
the paper was carried to the Judge
who after glancing at it handed It to
the clerk to read. AS 1t was held
aloft by the clerk 1t was noticeable
that the verdict was the shortest of
the four forms given to the jury by
Judge Bean last night-the verdict
nf acQuittal. 1t was read aloud by
Clerk Sailing, while those within the
room waited with bated breath.
AS the words mot guilty" fell from
the lips Of the clerk touching
east side Of the room, where the de-
fendant and his devoted wife had sat
during the long, dark days of the
trial. Mrs. McManus threw her arms
about her husband and sobbed with
JOY, while the attorneys gathered to
express theit congratulations. After
q moments time Judge Bean dis
charged the jury, instructed that the
defendant be released from custody,
and declared a recess. The friends
of McManus and his wife then gath
cred about them and expressed their
satisfa ction over the verdict.
Scycn Ballots Taken.
Before an agreement was reached
seven ballots were taken by the jury.
1t was mutually agreed by the mem
bers not to divulge how the various
individuals voted, but the totals of
each ballot have been given out and
are rs follows:
t'irst Rallot-Not guilty, 6: man.
slaughter, 4: murder in the second
degree, l: blank, 1.
Second Rallot-Not guilty, 8: man
slaughter. 4.
Third Ballot-Not guilty, Z; man
slaughter, s.
Fourth Ballot-Not guilty, I; man.
slaughter, s.
Fifth Ballot-Not guilty, 8: man
slaughter, 8.
Sixth Ballot--Nct guilty, 10, man
slaughter, 2.
Seventh Ballot--Not guilty, 12.
After the court had finished its
instructions about o'clock last eve
ming, the jury retired and talked and
voted for two hours. At IL o'clock no
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

Washington, April 3O-The long
threatened suit of the lumber inter-
ests of Washington state against al
legged railroad discrimination, was be-
gun today before the interstate COM
merce commission. Charges were
filed against 23 railroad lines.
The Pacific Coast Lumber manu-
facturers, Southwestern Washington
Lumber Manufacturing association and
the Shingle Mills bureau claim the
failure of the Hill and Hartman lines
to exchange cars or give through or
joint rates is causing at the present
time $4,000 cars of products to await
shipment.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
FREEZE DESTROYS
LEWISTON FRUIT
SAME EFFECT THROUGHOUT
WIDESPREAD TERRITORY
Vegetables and Some Field Crops Al
so Badly Hurt-Fruit Trees Not
Damaged: Only the Crop Now Set
ting-Ice Quarter OF An Inch
Tlick-Spalding District Suffered
in Same Proportion.

The Lewiston Tribune of the morn
ing Of April 20 reviews the effects
of the freezing weather in that dis
trict as follows:
A wind from the norlh, CARRYING
with it over the Bitter Roof range
the western edge of a cold wave that
developed In western Montana Sat-
urday, brought freezing weather to
the Lewiston-C Charleston valley Satur-
day night and caused considerable
damage to fruit 1t is impossible at
this time to estimate the full extent
of the damage-the developments Of
the next few days must he awaited
to accurately determine that-but il
has been very severe. Prospects had
been favorable for the greatest yield
OF fruit ever turned off in this To-
cality, and the freeze has therefore
come as a keen disappointment IA
the people. Some orchardists report
their crop practically a total loss:
some 25, so and rs per cent, while
some state the trees entirely escaped,
the effects of the freeze being in
fiuenced according to location of thu
orchards and the state of advance
ment of the buds. For this reason
it will essentially be some days be-
fore "A responsible estimate can be
made as to conditions.
Was 81 Above.
Observer Dey of the U. S. weather
bureau, said the lowest temperature,
27 above zero or five below freezing.
was recorded at o'clock in The
morning From II o'clock up to the
hour of the lowest temperature, the
THERMOMETERS registered below freez-
ms. Many kinds of early vegetables,
such as beans, tomatoes, potatoes and
corn, were hurt. While no injury
has been done to the trees themselves
practically every variety of fruit and
vegetable, from which good finan-
cial return could be expected. has
been ruined in its entirety or cut
down to such an extent that no large
profit can be derived from its pro-
duction.
From spalding the Tribune gets
the following information:
This morning ice a quarter of an
inch thick was In pans Of water, a
heavy frost was on the ground and
people felt blue. A careful examina-
tion Of fruit blossome and buds here
seems to show that cherries are kill
ed outright, apple blossoms that
were fullblown had their fruit killed
and those whose buds were not open
were uninjured. apparently. Pears
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
RINK DRAWS CROWD.
Spectators and Skaters Enjoy Exhi-
bition Skating.

Ireland's skating rink was crowded
last evening to see the fancy skaters,
Warren W. Matthews and Miss Artie
Putnam, the worlds famous novelty
skaters, who gave exhibitions of trick
and fancy foot, stilt, unicycle and
wooden shoe skating, winning much
applause from the large crowd of
skaters and spectators.
The rink is much improved since
it has been enlarged, and a merry
crowd of skaters were there last night.
The music by Johnson's orchestra
added much to the pleasure of the
evening. and it is believed that the
rink will now be one of the chief
amusements in the city in the future.
The fancy skaters will be here to-
night, tomorrow night, and possibly
the rest of the week.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
SITUATION BADLY MUDDLED.
Some May Compromise and Others
strike at Frisco.

San Francisco, April 30.-Neither
the carmen NOR the United Railway
officials tnok any step today toward
arranging a conference for the pur-
pose of negotiating. and every indi-
cation now is nothing can stop a vote
on the question of striking tonight.
Roth sides are standing pat and the
outlook is gloomy.
The situation regarding the freight
handlers took favorable turn this
morning and there will be no strike
tomorrow.
The Southern Pacific officials are
receiving the demands of the men
with promise of immediate con-
sideraticn.
Tie metal trades men are farther
apart than ever today and the pros
poets are every foundry in the city
will close down tomorrow. A COM
promise on the eight-hour demand is
said to be ont of the question.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
MEN ARE STILL ALIVE.
Trouble Threatens II They are Not
Rescued from Mine.

Johnston, Pa, April 3O.-The
tenth pump was added this morning
tothose pumping water from the
FFoustwell mine. Continued tapping
shows the men are still alive. Rescue
is possible today.
IF the men are not saved there is
likely to be trouble. Friends and
families threaten vengeance and
mutter against the men who set off
the blast that flooded the mine.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Relief for Chinese Starving.

San Francisco, April 30.-Promptly
at noon the government transport Bu-
ford with a great cargo of supplies
for the famine-stricken Chinese, SAIL
ed for China amid the blowing Of
whistles, ringing of bells and waving
of flags. Just before sailing divine
services were held aboard the vessel,
Rev. Frank Talmage, closed by bless
ing the cargo.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Noon Intermission.
Bought Trottinr Stallion

Dan p Smythe has recently pur-
chased Togo fine mahogany bay
standard bred trotting stallion and he
arrived this morning. The horse was
recently imported from Missouri and
Is a well bred animal, his pedigree
running back to some of the best trot-
ting stock in the east.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
TO Buy the Isle of Pines.

Panama, April 3O.-The next Amer
lean congress will be asked to buy
the Isle of Pines outright. Immense
American capital, mainly from Mich
igan and Wisconsin milling interests,
is invested in the timber lands of the,
island.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
LUMBERMEN VS..
THE RAILROADS
Northwestern Manufacturers
and Dealers Begin a Vast
Litigation.
%, 900 CARLOADS OF
PRODUCE ARE TIED UP.

Congress Will Be Asked to Buy the
Isle of Pines Observation-Disclosures Of
Great Moment to Lumber Interests
kansas City Ice Dealers Convict
ed i'm Federal Circuit Court OF IL
legal Combination - Government
Transport Carries Relief to China
Cargo Was Blessed.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
J. P. NJ 'MANUS
WAS ACQUITTED
Jury Agreed Upen a Verdict of
mot Guilty" Upon the
Seventh Ballot.
REPuI;TED IN OPEN CoUgT
AT 8:1o THIS MORNING

Below is Given I'm Full the Result of
Each Ballet, Qualified With the
Reservation that the Stand Taken
by Individual Members of the Jury
Is Not 10 BE Divulged-Jury Spent
Most Of the Night In Sleep, Bal
loting During tho Early Evening
and In the Morning at s O'clock.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Bomb Thrown at Cabrera.

Washington, April 80. An official
cablegram received by Latin-Amer-
lean diplomat today says bomb was
thrown at President Cabrera of Qua
temala this morning while he was
driving, seriously injuring him.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Ice Trust Roughly Handled.

Kansas City. Mo-, April 30.-The
federal court today found guilty four
of the largest ice companies, tried on
charges of combining to regulate the
output and prices. Four other COM
panies were held not guilty.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Passed Recruiting Measure

st. Petersburg lower house
today adopted the governments re-
crnting hill, avertlng for the present
the threatened dissolution of parlia-
ment.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Germany Will Not Discuss.

Berlin. April 30.-An en-
phatic statement was made I'm
the reichstag today by Won
Buelow, that Germany will not
discuss disarmament at The
Hague. This probably precludes
the final discussion of the sub
ject at the conference. Tre-
mendous applause shows the
government will be vigorously
supported.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
100000 Homeless by Floods.

Odessa, April 30,--It is estimated
that 100000 are homeless by the
floods in Dniepper, Dniester, Dvinaux
and Dvina rivers.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Chicago Wheat Market.

Chicago, April 3O.--wheat opened
IS S-S, closed 1877 7-s; corn opened
so 1-S, closed 40 1-2; oats opened A
SIS, closed 451k -.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
IMPEACHMENT
Of ROOSEVELT
Movement Has Origin With
Leaders Of Organized Labor
in Chicago,
PETITION NOW IN HANDS
OF LEGAL COMMITTEE.

If the Undertaking Is Endorsed by
Main Labor Bodies Throughout the
Country 1t VIII BE Introduced i'm
Senate-Campaign Funds and Con-
ditions of Soliciting and Using,
Reckless Utterances About Labor
Leaders and Illegal Meddlesomeness
Some of the Charges.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
The Verdict.

In the Circuit Court for the
State Of Oregon.
The State of Oregon VS.. John
p. McManus.
We. the jury in the above en-
titled case find the defendant,
John p. McManus, not guilty.
J. w. TULLOCH,
Foreman.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30

Rufus B. Bullock, formerly COVER
nor of Georgia, is dead at Albion, n.
Y, aged rs years.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
Was Admitted to $4,000 Bail.

Lexington, April 30.-Wil-
liam Britton, charged with the
murder of Jim Coxrill, once
convicted, later passed by a
hung jury, was admitted to
$4,000 bail today. He will be
imme diately arrested to answer
an indictment for the Breath
lit county murder Of DR.. Cox,
who was also the supposed vic
tim of the Hargis brothers.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-30
RATES ON COTTON
GOODS THE ISSUE
Southerners AIIege Discrimi-
nation in Favor of Northern
Capital.
ISSUE UP TO INTERSTATE
COMMERCE. COMMISSION.

Bomb Thrown at President Cabrera Of
Guatemala Seriously Injuries Him,
According to Official News Received
at Observation-Disclosures Win
Either Pardon or Commute the SEN
tence of William January, Feder-
al Prisonal at Large Eleven Years.
and Model Citizen.