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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 14, 1907)
TITE MORNING OREGONIAN, THURSDAY, MARCH 14, 1907. TRIAL OF RUEF AT LAST BEGINS Four Talesmen Drawn When Attorneys for Boss Secure an Adjournment. SEEK TO REPLACE DUNNE .Feature of lay Is Failure of Attempt of Defense to Prove Judge Biased and Obtain a Change of Magistrates. SAX FRANCISCO, March 13. After the names of four talesmen had been drawn In the Jury box, the trial of Abraham Ruef on the grand jury charge of extorting- money from French restaurant keepers, was today contin ued In Judge Dunne's court until Mon day morning. Counsel for Ruef ob jected to the drawing of any further names during the absence from court of Juryman Dumhrell, who has been temporarily excused and Judge Dunne thought It well, as an adjournment for at least one day was Insisted on, to take a recess until the State Supreme Court renders Its decision In Ruef's ap plication for release on habeas corpus. It was at the suggestion of Assistant District Attorney Heney that the four days' suspension of the trial was final ly ordered. The feature of today's session, aside from the fact that the actual trial of the Indicted boss was begun by the railing of talesmen, was the determined and spirited attempt of Ruef's lawyers to Induce Judge Dunne to confess him self biased and prejudiced against the defendant and to grant a change of trial Judges. This attempt, opposed vehemently by Mr. Heney, failed at every point. Heney Wins at Each Step. In contravention of the affidavits of bias and prejudice filed by the defense, the prosecution tiled affidavits of de nial, among them one by Judge Dunne himself and another by Heney, and it was by. objecting to the weighting of these charges and countercharges by Judge Dunne that the defense opened its battle for his replacement on the bench. They contended that under a provision of the Civil Code a trial judge Is not a proper person to pass upon the ultimate question of fact raised, but should call in the Judge of another court and to him submit the decision as to whether he Is or is not possessed of bias against the defendant. The prosecution, opposing this last effort to save Ruef from trial before a Judge who, he declares, will treat him unfairly, quoted the civil code as be stowing upon Judge Dunne the very power disputed by the defense and be stowing It upon him, as trial Judge ex clusively. After more than an hour had been spent In A debate that was lively throughout and at times decided ly acrimonious. Judge Dunne ruled against the motion for a change of venue and ordered the case to proceed. In Charge of Elisor. Just before court was adjourned Heney asked that the disqualification of the Sheriff and Coroner and the con tinuance of elisor be ordered and that Ruef be remanded to the custody of the elisor for so long as the trial shall last. This motion was bitterly at tacked by Attorney Ach, who denounced it as "tyrannical and arbitrary," and a fresh battle, participated in by counsel and the court, was at once under way. During Its course Judge Dunne remind ed Mr. Ach that he had not confidence in either the Sheriff or Coroner as fit persons to have the custody of the prisoner and he brought the discussion to a close by making the order that Henry had asked for. This means that Ruef, unless freed by a higher court, must remain a closely watched and carefully guarded prisoner in the hands of Elisor Biggy, Detective Burns and their deputies for at least three or more weeks, Heney having Intimated that it will take that long to try him. The case against Mayor Schmitz, which Is similar to that against Ituef, was set over to April 8. The affidavit of Dr. Patek is a flat con tradiction of the affidavit of Paul M. Nippert. local representative of the East ern Bonding Company that furnished Ruef's fcO.OW bail, which was declared forfeited after Ruef went into hiding at Trocadero. In his affidavit N'lppert swears that In last September when he and Judge Dunne and Charles Leonard were spending a vacation at Rimuelle. a Ashing resort in I'lumas County, during a three-cornered conversation Judge Dunne averred his be lief that there was a great deal of graft ing going on in Son Francisco, and de nounced Ruef and Sehmlu as grafters. Dr. Patek, In his affidavit, swears that the remarks attributed by Nippert to Dunne, were not made by the latter, but by Nippert himself. He further says that the names of Ruef and Schmits were not mentioned. Judge Dunne's affidavit is a categorical denial of the allegations of bias made against blm in the affidavits of Ruef and Nippert. Judge Dunne, among other things, declared (hat he has "never taken an active Interest in politics, either In op position to Ruef or otherwise." He "ad mits that pending the proceedings In this case he has consulted on a few occasions with F. J. Heney, as District Attorney, in relation to the proceedings herein, but "avers that at none of said consultations has anything whatsoever in the least im proper occurred." Judge Runne further denies that he has been prejudiced by the dally comment against Rue in the newspapers of San Francisco. He denies that Rudolph Ppreckels testified In a hearing before him that he (Spreckels) had guaranteed a fund of S10O.00O for the prosecution of Ruef. Mr. Spreckels- testimony was that he had guaranteed a fund of $100,000 to in vestigate municipal affairs. Judge Dunne also declares he has no knowledge that Heney was employed by Spreckels to prosecute Ruef. He declares that his rulings during the trial have been im liartial. and that he will conduct the en tire proceedings free from bias or prejudice. FACTS ABOUT GEOGRAPHY Continued from First Paie.l it was a small cove that was practically inaccessible from the east and. because of this. It became a most desirable place for prize fights, the offenders being able to slip back Into New York easier than the officers could got in from Massachu setts. So to break up this interesting game of hide-and-seek between the law breakers and the law-enforcers, the bit of land was given to the state that irould best police it. In the earliest surveys of the United States, rivers and like natural boundaries were pressed Into service to determine the limits of the different territories or grants, and much trouble has resulted from the shifting habits of these kinds of boundaries. Had not the commission that fixed the division between the United States and Mexico decided upon a cer tain channel of the Rio Grande, where that river is used as the line, the citizens in that part of the world would have a hard time deciding whether they are Americana or Mexicans, because the river changes its course so often. The people of California and Nevada mav still be living in one another's ter ritory for all they know, as the boundary line was hard tat establish and may vary half a mile. Just where the elbow-like bend comes in the line is Lake Tahoe, and It Is almost In the exact middle of that lake that the principal measurement for the angle of the turn had to be taken. While the boundary thus established has been accepted and Is generally recoenized as being correct, there may be a dispute over its exactness some day. Vagaries of Upper Mississippi River. For many years the northwest bound ary line of the United States was. just about as easy to locate as the famous "Seven Cities of Cibola," for which the early explorers searched so futilely. The old treaty states that the lines should be "due west from the Lake of the Woods to the Mississippi." This might have been fairly approximated if the Mississippi bad lived up to the ex pectations of the treaty-makers, but it continued to wander through the state after Its own independent fashion, fully two counties to the southeast of the lake. In a half century or so the line was made more definite, though the point finally chosen as the "northwestern point" is now well under the waters of the lake. It was not until 1842 that Maine knew just how much territory she had in her northeast corner. The old treaty of 1TS3 defined the boundary as "following the St. Croix River to its source," thence north to the highlands that divided the waters of the Atlantic from those of the St. Lawrence. As no one knew which of the two rivers emptying 60 miles apart was the St. Croix, or which set of high lands was meant, or whether the Bay-of Fundy might be considered an arm of the Atlantic, early Maine geographically was rather mixed. When Lord Ashburton and Daniel Webster straightened the mat ter out 69 years later, they gave seven twelfths of the disputed land to the United States and Hive-twelfths to Eng land. Mason and Dixon Line. The most famous boundary line in the United States is that dividing Pennsyl vania and Maryland. It was surveyed 1763-7 by Charles Mason and Jeremiah Dixon, and they are credited with" run ning the whole line with the exception of 22 miles. It was called for them "Mason and Dixon's line," and received Us political prominence at the time of the great "Missouri Compromise" In 1820, when John Randolph In a famous speech referred to it as the boundary line be tween the growing factions of the North and South. Since then it has been an Integral part of history. The boundary line between Massachus setts and Connecticut has never been ac curately determined, a strip of the Mer rlmac Valley being in dispute. Vermont has no claim on the Connecti cut River because the old grant of the colony of New York defined its boundary as reaching "to" the Connecticut, and Vermont was carved from the eastern part of New York. Virginia is in the same fix where the Potomac Is concerned, the commission appointed to establish her boundary line fixing it on the southern bank of the river, leaving Maryland's do minion to extend over all the stream. In the great basin between the Rockies and the Sierra Nevadas lie the ghosts of many dead lakes. Rivers still flow down to the dry edges of these one-time great reservoirs and are licked up by evaporation and the Chinook winds. Of all the lakes that once lay there only Great Salt Lake, Lake Tahoe and Bear Lake are left. The Southern Pacific rolls for 165 miles across the bed of what was once Lake Lahontan, and passen gers gazing Idly from the windows may see the terraces and wrinkles in the Croat of the fosBils lake which nature robbed and defrauded of its crystal treas ures ages ago. Akin to these ghost-lakes are the lost rivers oE the Southwest, rivers that flow with all the swiftness and clearness of other streams near by. then disappear Into the earth as mysteriously as if they were spirit streams. In the valley of the Rio Grande there are many little rivers of this kind. Just south of Santa Fe is the River Hondo, which flows broad and deep for many miles, then sud denly spreads out over a sandy plain and disappears. A few hundred feet from where it goes out of sight there is only sand as dry as dust Itself. Some of these streams end In thin, brackish lakes, but most of them disapear In the sand beds. On the coast of Mexico there are clear-water streams that discharge into the gulf from underground chan nels marry feet below the level of tiie ca, and these are thought to be the same waters that disappear further up in the States. In the valley between the Pecos and the Rio Grande, beginning near Sandia Mountain, is the bed of an old river with all its tributaries, its falls, its shallows and Its fascinating bends. It is 3wo miles long and many feet wide, but It is only the ghost of a river, for there is no water there. It pauses by the ruins of Gran Quivira. its bed is strewn with broken lava and it terminates in a salt marsh. The Indians have a legend that long ago the waters were deep and swift there, until one day a great fire swept down the valley, lapping up the waters, leaving the bed empty, the banks bar ren and the valley desolate forever more. Crater Lake the Deepest. Crater Lake, Oregon, is said to have the greatest depth of any fresh-water lake In this country. Its maximum deptii being 1996 feet. Lake Tahoe is possibly next in the enterprising effort to send water down to quench the fires in the center of the earth, for the measuring lead shows 1645 feet there. Lake Erie enjoys the distinction of being the only one of the chain -of Great Lakes that has a current, this being due to its shal lowness. The total number of navigable miles of the Mississippi River is estimated at 2161 miles for average steamers and 2237 miles for small steamers. All the tribu taries of this river combined would make a stream 13,160, miles long, and a steamer to traverse this would go a distance slightly greater than from New York to Bangkok by way of London. If it were a p;tty lively steamer it could make such a trip in about 50 days. The Mis sissippi River discharges into the gulf 675.000 cubic feet of water every second, and is the only river in the United States emptying into the ocean the gulf being reckoned here as a part of, the ocean) that has no tide. Tidal rivers never have deltas, nor more than one mouth. Pool of Oil in Gulf. There are many mysteries of the ocean that the centuries have hidden and whicn scientific study is only just now discover ing. The men in charge of the work of the gulf division of the hy drographic 4 office have found in the Gulf of Mexico, about 200 miles off the southern coast and in a direct line from the Atchafalaya River, a pool of oil. This oil lies in the water to a depth of about three feet and covers a large surface. No one can account for Us being there. It has also been found that the currents of the gulf have made an eddy that settled into a pool of dead water. This eddy catches the flotsam and Jetsam of the sea and looks totally nnllke the rest of the gulf water in Its coloring. Tomorrow "Possibilities of the Phono I sraoh." Mail Orders Customers who live out of town are invited to share. in the splen did offerings we make at all times. Just write for what you want and be certain that you'll get it. Special clerks to look out for your wants. See the New Dress Goods and Silks Showing Sewing Machines Buy an O. W. & K. Sewing Ma chine, and you'll have a first class machine for about bal what you pay the trust. Our No. 8, drop-head model, with all attachments, guaranteed for ten years, our price $24.90 1-4 .1 T "jV -V Kk J, Charmingly Clever Creations RI'll in spring Millinery Hundreds of customers tell us that our styles are the most pleasing they've been shown that's before we tell them the price, too. When they learn how very modest the amount asked is, they are better pleased than ever. Comely shapes, tastefully trimmed, colors ,har-- moniously blended, combine to make every hat in the stock attractive to an unordinary degree. Smartly-dressed women can't afford to overlook the millinery department. Exclusive styles cost less here than almost anywhere else. AND PLEASE come in as early as conveni ent now; you'll want your hat for Easter, and we'll be rushed so that the last orders in can't be filled by that time. Make it easier for us and more certain for yourself by coming in at once, and leaving your order. Splendid choice now, and you'll be sure to have your hat when you want it. mm Get Out and Dig9 One gets used to hearing that expression here in the busy part of the world, but this time it has a meaning that we take more pleasure in than usual. Get your garden ready for the Spring planting. Get your seeds, and plant them in time. Nearly every one who has a patch of ground large enough so they can plant anything will have a garden this .season. It's a pleasure for most of us to get out in the bracing air and potter around making garden, smelling the fresh earth and an ticipating the harvest as a reward for our labor. Make that harvest surer this time by using the 6ort of seeds we sell good, hardy, Northern grown seeds,' always true to name. REGULAR 5c PACKAGES of vege table" or flower seeds, selling Thurs day at the package, only 2Vs4 LAWN GRASS SEEDS, in good-sized packages; seeds that grow and make a lawn, the package 2o$ IMPERIAL MIXED SWEET PEAS, in -pound packages, regularly 25c the package; special at 15 BONARA, for fertilizing; good-sized can, for only 50 Spring Is Coming on at a Rapid Rate, Nows the Time to Make Your Preparations. Let Us Help by Selling You Good Seeds Potts Sad Irons $1.00 A splendid special for Thursday only the regular Mrs. Potts' Sad Irons, set of three, complete with stand; reg ular price $1.25; special $1.00 GRANITE IRON-LIPPED SAUCEPANS, No. 20, regular price 25c each; special 19fr PATENT MOPSTICKS, 15c ones, for lOtf HEAVY COTTON STRING MOP, 15c value 12 CLOTHES PINS, special for today, 5 dozen for WIRE CLOTHES LINES, 75 feet, 25c value 15 Lewis & Clarh Plates We have just received a limited number of those blue Lewis and Clark Plates. As these are sure to be gone in a few days, we advise those who have been waiting for them to be prompt about coming in for what they want. Price as before, each 50 Handsome Feather Boas One of the latest shipments in the house is a lot of new Feather Boas, in Maribou or Coque feathers. These come in black, white and colors soft, fluffy things that add so much to a woman's appearance and comfort at moderate cost. THE MARIBOU BOAS are light, very fluffy scarfs, in soft, subdued shades, of ex ceeding richness and beau ty. Come in black, white and colors. Prices from $5 to $18.00 THE COQUE BOAS are not so light and filmy as the Maribous, but not one whit less beautiful; come in black, white, pink, gray and brown ; prices, from $3.00 to $15.00 Plaid Club or String Ties 35 Embroidered Silk Shield Bows, white or colored 50 Fluted Silk Shield Bows, white and colors 35 Kaiser Wash Stocks and Tab Effect Ties. Armenian Lace Turnovers, with lace edges, 50c to..$1.25 Armenian Collar and Cuff Sets, $1.25 to $2.50 New Suits and Skirts Each day the selection grows better in these lines, and the values remain the best to be had. Smart styles in abundance in this season's garments. Suits in Eton, pony and half-fitting styles, of plain or fancy materials, trim'd most tastefully and made by the best garment manufac turers in all America. Covert Jackets in the regular close-fitting, semi-fitting or cutaway styles. All marked at modest figures." Hundreds of New Waists New Silk Waists every kind; plain black waists for business or dress wear, fancy colored silk waists in plain styles or the most elaborate waists for! dress occasions. New white Waists, made' of sheer, filmy mull and lawn, aau tily trimmed ; most of them with short sleeves ; dozens of designs, priced very low. Wateh the windows. Come in and see the rest. New Wash Goods Main Floor There's no part of the store more attractive now than the Wash Goods Aisle, and we doubt if any equals it in point of interest. The new fabrics for 1907 are filling the tables, shelves and counters, and delighting all beholders. NEW ARRIVALS IN PERSIAN LAWNS, INDIA LIN ONS AND FRENCH LAWNS French Embroidered Batistes, the yard, 35c to...$1.00 Embroidered Swisses, in dots and figures, 25c to.. $1.25 Tussurine Lawns, very new; the yard, 35c to 75? Paris Mousseline, the yard, from 50c to $1.0O Embroidered Plumetis de Soie, the yard, $1.00 to. . ..75 Wash Chiffonettes, at, the yard, 35c to 75 Imported Zephyrs, in beautiful plaids, 25c, 30c... 35 "Efleures," queen of cotton fabrics, yd., 50c, 60c 75 Best Glove Values WOMEN'S GLACE KID GLOVES, 12-buttou length; come in black, white or colors ; the best f O Cf grade, the pair pJ,OU DERBY KID GLOVES-Full pique ; come in ti J "7 Z black, white aud colors; the pair p 1 i iJ ESKAY KID GLOVES Three clasps, real kid, perfect fitting, dressy glove; come in black, white if j "7 C and all colors; the pair .. .P ' NEW DENT GLOVES, in full pique, made with ne clasp ; a special line, selling here for only, t 1 CZfk pair pLJJ CI T IN G HER DEAD French Loss on Warship Jena Probably 120. MINISTER VISITS WRECK Finds After Part or Ship Completely Destroyed Heap of Burned Flesh intlie Wreckage Represents Thirty Bodies. TOULON.. March 13. The efforts to re cover the bodies of those killed by the explosion on board the French battleship Jena here yesterday, which have been carried on with energy for 24 hours, have not vet resulted in definitely fixing the number of casualties. After the last roll call tonight there were still unaccounted for eight officers and 110 men. There is little doubt that all these missing sailors perished. It is feared that the total num ber of dead will reach 120. Minister of Marine Thomson made a second visit to the Jena late today after the drydock had been emptied of water and made a careful examination. The interior steel planking and the partitions of the battleship show signs of having been subjected to enormous pressure. In many places they are bulged out or in dented. The sise of the vessel acted as a safety valve for the great volume of gas generated by the burning powder, without which the explosion would have had even more disastrous results. Watching for the Bodies. All day long weeping relatives of the missing men thronged the approaches of the hospital, eagerly scanning the stretchers that were brought in. Fifty bodies were recovered during the day. Two of the wounded died in the hospital tonight and- there are five others not ex pected to live until morning. The Prince of the Asturlas, a' brother-in-law of King Alfonso of Spain, arrived here to convey the condolences of his majesty to the French navy and to visit Rear-Admiral Manceron. wh.o was wounded. Minister Views Wreck. Mr. Thomson, who . was accompanied by his staff, upon his arrival here con sulted with the Fort Admiral, after which he proceeded to the scene of the disaster. All around the drydock was strewn with pieces of shell. The aft part of the battleship is completely de stroyed, the plates being unriveted every where aft. Mr. Thomson with a small party board ed the hulk of the Jena, whose fore part was found to be almost intact. The Minister remained on board an hour, watching the work of the men removing the bodies and parts of bodies and tak ing them ashore. Later the Minister questioned the officers who escaped. He then visited the injured officers and oth ers in the hospitals and promised promo tion to the most deserving. Describing his experiences, an engineer of the Jena said he had just left the engine-room when the explosion occurred. In the panic some of the sailors and stokers slid down ropes or the timber supports of the vessel and reached the bottom of the dock. Others Jumped from the decks and were killed. The bodies of those who remained in the engine room have not yet been recovered. Heap of Burned Flesh. A correspondent of the Associated Press who boarded the Jena found the fighting tops of the vessel bent over an enormous breach amidships and upon the port side was a hole about 18 feet long and 12 feet hfgh. Amid the shattered steel plates the correspondent saw a heap of burned flesh, arms and twisted limbs, all that remained of 30 bodies which were taken from the aft turret and which were being sewed up in stoeets and canvas prepara tory to being taken to the mortuary ashore. It was impossible to identify any of the bodies presented in the ghastly heap. The bodies of several suffocated sailors were found between decks. At the hospital the correspondent was informed that many of the injured men were likely to succumb. .Germany Sends Her Sympathy. BERLIN, March 13. The German gov ernment today caused the publication of a semi-official note in the North German Gazette expressing in the name of the German people and the German army and navy the most sincere sympathy with the President, navy and government of France over the Jena disaster. GERMANY BUYING NEW GUNS Spending $75,000,000 on Re-Arming Artillery and Infantry. BERLIX, March 13. The appropriations committee of the Reichstag today ap proved the bill authorizing- the issue of treasury bonds with which to strengthen the available funds in the imperial treas ury. The Government, it is understood, since the beginning of 1906 has expended or contracted to expend sums estimated to amount to $75,000,000 In completing the re-armament of the artillery and the im provement of the rifle now issued to the army. The bill may not come up until Ibe Autumn, but there seems to be no doubt that Parliament will approve the measure. The re-armament of the artillery, for which the first installments have already been voted by the Reichstag, is on the point of being completed, the Krupps working at the highest pressure on the contract. but considerable uncertainty exists regarding the Improvement in the army rifle, it not being known whether the government Is merely improving the present weapon or making an entirely new model. The committee also agreed to report fa vorably on the installment according to the naval programme for the construc tion and armament of warships, includ ing two battleships, one cruiser and sev eral torpedo-boats. suggest that he take a long vacation. The question will be submitted to a vote of the members of the church next month. Rev. Mr. Spurgeon s pastorate has been marked by a certain amount of latent discord owing to the preference of an ele ment of the membership for .the Rev. Mr. Pierson as pastor. These members were overruled when they wished Rev. Mr. Pierson to succeed the Rev. Charles II. Spurgeon, father of the present pastor, who died in 19u2. Red hair was an object of aversion among the Romans. REPEAL IRISH CRIMES ACT Birroll Pledges Cabinet's Aid and Concessions to Ireland. LONDON. March 13. The House' of Commons tonight discussed the motion made by Michael H. Hogan, member for Tipperary, in favor of repealing the Irish crimes act, which was carried, 252 to 83. The motion was strongly opposed by Unionists. Chief Secretary for Ireland Blrrell, who described the act as a "code of tyrannical 1 laws, said so far as the present govern ment was concerned the act was dead I and buried and would formally be re pealed at the earliest opportunity. The Chief Secretary announced that the gov ernment would ' unhesitatingly support Mr. Hogan' s motion. He said also that the government had made many promises to the Irish people, which it hoped to be able to carry out, and that he proposed, after Easter, to introduce u measure intended to associate the people of Ireland more closely with the administration. Thomas Spurgeon Will Resign. LONDON. March 13. The Rev. Thomas Spurgeon, pastor of the Metropolitan tab ernacle, has tendered his resignation, partly owing to poor ' health, which in creases the difficulties of his busy charge. The deacons oppose his resignation and GRAND OPENING EILERS PIANO HOUSE Today and Tomorrow See Announcement, Page 7 "Oh where, oh where is ray little dog gon e? Oh where, oh where " To listen to His Master's Voice On the VICTOR Talking Machine, of Course AND not only "the little dog," but the children. For hours at a time the VIC TOR keeps them amused. And sweetest of all music to the mother's ear are the good-night lullabies and quaint, lisping prattle of the little tots, retold through the VICTOR; It's a simple matter to make a record of the baby's voice. Every mother should provide herself with this perpetual pleasure. "THE HOUSE OF QUALITY" has the largest variety of records on the Pacific Coast. The same Victor Talking Machine will provide a vaudeville how. Irish love songs, banjo solos, or you may hear Caruso, Melba. Gadskl, Calve. Eames. etc! the greatest possible range of entertainment. Come to our -beautiful Victor parlors at any time and enjoy a Bplendld programme, varied with song and story. Both machines and records are pur chasable on the small monthly or weekly payment plan, Sherman May & Go "THE HOUSE OF QUALITY" Corner Sixth and Morrison Street.