VOL. XLVI.- 0. 14,459.
PORTLAND, OREGON, THURSDAY, APRIL 11, 1907.
PRICE FTVE CENTS.
LITTLE PROSPECT
JURY WILL AGREE
Hopeless Division on
Case of Thaw.
JEROME'S TERRIBLE PHILIPPIC
Unsparing in Treatment of
Thaw and His Wife.
ONLY TENDERLOIN MURDER
Incredulous of Kvelyn Thaw's Story
of Wrongs From White- He
Call Thaw a Cowardly,
Brutal Murderer.
r
POSSIBLE VERDICTS BT JITRY.
There are four division of homi
cide on which the Jury may bring In
m verdict of guilty in the Thaw oe.ee:
First Murder In the first degree,
file penalty for which Is death.
8econd Murder In the second de
gree, the penalty for which Is life
Imprisonment.
Third Manslaughter In the first
degree, the penalty for which la Im
prisonment for 20 years.
Fourth Manslaughter in the sec
ond degree, punishable by 15 years'
Imprisonment.
The Jury may bring- In a rerdict of
not guilty on the ground that the
defendant was Insane at the time of
the shooting.
It may bring in a rerdict of not
guilty without any explanation.
The Jury is not. called upon to de
termine Thaw's state of mind at tha
present time; the lunacy commis
sion's report settled that point. The
only question for tha Jury to deter
mine Is:
Is Thaw guilty of homicide hi
any of the four degrees above
named 7"
NEW YORK, April lf. Charged wtth
the responsibility of deriding; the fate
of Harry K. Thaw, the Jury which
since January 23 has been sitting; In
Judgment on the young slayer of Stan
ford White retired at B:17 P. M. today
to begin the consideration of Its ver
dict. Six hours later It had failed to
reach an agreement, and shortly after
11 P. M. was locked up for the night in
ths Jury room of the Criminal Courts
building. Justice Fitzgerald, who had
been waiting fcr some word from the
Jury room, became convinced at that
hour that the chances of receiving a
verdict tonight were too remote to
warrant his remaining up any later.
Justl.-e Fitzgerald had earlier in the
evening gone to his club and held an
auto in readiness to make a quick trip
to the courthouse, should he be needed.
Hla instructions regarding locking up
the Jury were telephoned.
.Fury Hopelessly Divided.
It was said that, when Justice Fitz
gerald's message was received at the
courthouse, the officer on duty there
put the matter up to the Jurors them
selves, asking If there was any possi
bility of a verdict within the next few
hours. The reply was strongly nega
tive. The Jury was said to be almost
hopelessly divided and nobody connect
ed with the case tonight would venture
the hope of anything better than a dis
agreement as the climax of the long
drawn out trial.
Thaw's Spirits Down and t'p Again.
Harry Thaw sat In the prisoner's pen
adjoining the deserted courtroom dur
ing the long hours of the Jury's delib
erations. By bis side were his wife
and counsel, who remained with htm
until all hope of a verdict tonight was
ahandoned. During the early evening
all of the Thaw family were with the
prisoner, but before 10 o'clock they
made their way up town to their hotel.
Thaw, who was much depressed at
the close of District Attorney Jerome's
Impassioned attack on him as a "cow
ardly, brutal murderer a rich Illiter
ate, who always had his own way until
he fell into the clutches of the law,"
revived in spirits ns the evening wore
on and the chances of an unfavorable
verdict seemed to him to become more
and moro remote. -warn reluctant
to wend his way back over the dimly
lighted Bridge of Sighs to his cell In
the Tombs, to say good night to his
wife.
Laughs at r'auitly's Fears.
The disagreement of the Jury Is the
possible unfavorable outcome that
Thaw had not at any time anticipated
during the progress of the trial. His
family and counsel were much alarmed
this afternoon, however, lest the Jury
under Justice Fitzgerald's charge
might find a verdict of some less crime
than murder in the first degree. The
prisoner tonight did not share this
gloomy outlook and laughed and Joked
tn dispel the serious looks on the faces
of his mother and wife.
Justice Fitzgerald Is not expected at
the courthouse tomorrow until 10:30.
toe usual court session hour. If the
Jury should earlier notify him of an
agreement, he might consent to come
down at an early hour, but this is not
considered at all likely.
JEROME'S MASTERLY ORATION'
Declares Thaw Was Sane and Crime
Mere Tenderloin Homicide.
NEW IOKK, April 10. It was District
Attorney Jerome's turn In the Thaw case
today. In summing up for the prosecu
tion against Harry Thaw, Mr. Jerome
disclaimed all intention of entering Into
an oratorical contest with Mr. Delmas,
but it is seldom that any address more
powerful, more subtle, more logical has
ever been heard in a courtroom. From
cold logic he passed to biting sarcasm,
then invective, with here and there a
touch of pathos. He had the closest at
tention of the Jurors and spectators. In
cluding the Thaw family. His defense
of Stanford White, whose spirit, he said,
seemed to be hovering in the courtroom
begging to be heard before It was black
ened forever, was uttered with (repres
siveness and with tears In his eyes.
Former crowds were small compared to
that which stormed the courtroom doors
this' morning. The court did not convene
until 11:30, and two hours before that time
the advance guard of spectators began to
arrive and took up positions of vantage in
the corridors leading to the courtroom so
ag to be among the first to be admitted
when the doors were opened. The police,
however, were prepared for the rush and
kept the doors closed until 11 o'clock.
But this did not prevent a large num
ber of favored friends from getting into
the courtroom before the hour. Court at
tendants employed the side doors, leading
Harry Kendall Thaw, Whose Cam Is
Now In the Hands of the Jury
to the ante-rooms, to good advantage
and so when the main entrance was
opened, the trialroom was almost filled
The small enclosure In front of the
Judge's bench was also taxed to its ut
most capacity by the friends and assist
ants of the District Attorney, and alto
gether the scene in the courtroom when
Mr. Jerome rose to address the jury was
one of interest, in expectancy and ex
citement. In the corridors, the scenes
were most stirring. Scores of disap
pointed men and women made an on
slaught upon the police in a last effort
to pass, only to be repulsed, fairly
dragged back from the entrance. Men
with Imagined Influence pleaded with
the officers, cajoled, begrged and threat
ened, but all In vain.
About five minutes before the session
was begun members of the Thaw family
befran to arrive. The first to enter was
JoBlah Thaw, accompanied by the Count
ess of Yarmouth, Mrs. Carnegie and her
husttand were next. Mrs. Edward Thaw
and Evelyn Thaw followed quickly, and
the elder Mrs. Thaw came last. All
looked hopeful and confident.
Immediately after the opening of
court, Mr. Jerome began his argument
In closing the trial.
Judge by Law, Not Romance.
Gentlemen of the jury, from all I can Judgs
from the papers I having been absent
you have been wandering through a mere
field of romance for two days. The life of
a human being is not to be judged on such
premises. The issue "here cannot be deter
mined by quotations from the Scriptures.
Tou have been enjoined by the court to
make up your verdict solely from the evi
dence. Tht attorneys for the defense have hod
the responsibility of a human life resting
upon them, but there has been a respon
sibility equally grave upon the prosecution.
The law Is not a cruel law; it does not
punish for the mere sake of punishment; it
puninhes to protect those who live under It,
Important as it is that no human life
should be put oat unjustly. It Is equally im
portant to the community In -which you and
I dwell that the law shall be Justly upheld.
L gentlemen, have not had an easy task.
If in the heat of the battle I have trans
cended the courtesy due to counsel. I will
beg you to overlook it. If. in the Judgment
of the court. I have gone further than I
should have gone in making certain state
ments In court, I have nothing but regret
for it. Tbla is a time for aJl of us to lay
aside our animosities. The Issue here 1s not
to be determined upon my personality or
upon that of the counsel for the defense.
Issue Between State and Thaw.
Keep clenr In mind that, while the de
fendant's counsel stand for the defendant
individually, there Is another side the side
of the people of whom you are a part. Thla
is no action between th executors of Stan -ford
White and this defendant It Is not a
t rial to determine whether Evelyn Nesbit
was ravished by Stanford White; tt Is an
Issue between the people of New York State
and Harry K. Thaw, and It is to determine
whether what he did was justifiable or ex
cusable or whether he should be punished
for it.
I will a-ure you that, not upon the word
of the counsel, but upon evidence, you are
bound by your oaths to decide this case.
On the evidence I will try to point out to
you that this defendant's crime was not
Justifiable or excusable, and that he should
be punished.
You are not entitled to say that this
man is guilty because the grand Jury in
dkted him for murder In tha first degree,
but yoo ar entitled to consider that on the
records tbey eald" the unexplained evidence
Justified them In charging him with murder
in the first degree.
Mr. Jerome went briefly into the law
covering- the various clauses Into
which homicide la divided, describing
each.
Dementia Amerleana "o Defense.
If you find that this defendant waa in
sane when he killed Stanford White, It is
your duly to say so fn your verdict. If you
do not say so. It is because you believe that
this .rime waa justifiable. Justifiable homi
cide does not mean dementia Americana; It
means self-defense. But when a man sits
with his head in his hands and is deliberate
ly shot with a pistol held so close to him
after the shooting that the victim's own
brother-in-law did not recognize him. It
can hardly be called self-defense east of
the Mississippi River.
There can be logically but one of four
verdicts returned by you murder in the
first degree, because there was not only de
sign, but premeditation ; murder In the
second degree, because there was design but
no premeditation; manslaughter, because
thre was neither design nor premeditation,
but merely the heat of passion; or, lastly,
"not guilty." because of insanity.
Gentlemen of the Jury. It Is for counsel
to appeal to you as they themselves sea
their duty. To me the duty points only to an
appeal from the evidence in court. Counsel
should not Inject other things Into this
case. An effort to Inflame your passions
and to turn your minds from the Issue In
this trial to another case Is not considered
the duty of counsel on the Atlantic sea
board. Your oath binds you to render your ver-
tcaaciudtd oa Put a.j
FORMER DEFIES
THE PRESIDENT
Will Submit to No Boss,
Big or Little.
ACCOUNTABLE ONLY TO PEOPLE
Condemns Roosevelt's Activ
ity in Politics.
LIKE ANDREW JACKSON
Only One Precedent for Attempt to
Xarae Successor and That Bad
One He Defends Course
in Congress.
CANTON. O., April 10. In the pres
ence of 1200 people. Senator Joseph
B. Foraker tonight delivered an ad
dress defending; his actions as a pub-
( lie servant and declaring his willing
ness to abide by the people's decision
In the future. The occasion was the
annual banquet of the Canton Board
of Trade. Mr. Foraker was on the
programme for an address on "Civic
Pride," but his speech was largely di
rected to his work as Senator and Is
regarded as the opening of the Pres
idential campaign in Ohio.
Mr. Foraker discussed public, state
ments regarding the President's atti
tude toward the Senator's speech at
this time, replied to a speech men
tioning him as one of the anti
Roosevelt combination. reviewed the
investigation of the discharge of
the negro soldiers on account of the
trouble at Brownsville. Texas, re
stated his views regarding recent rail
road legislation, protested against the
infringement "by one branch of the Gov
ernment of the rights of another
branch, declared that the representa
tives of the people in Congress are ac
countable only to the people and are
not "properly subject to any other in
fluence," denied the right of any
one except his constituents to call hipn
to account, and sounded a note of
warning against Increased surveillance
of business men who need "no moral
regeneration,"
He Quoted a published report that
"President Roosevelt has drawn a
deadline for Senator Foraker," and
that "if he attacks President Roosevelt,
President Roosevelt will be beard
from In no uncertain terms.
Mr. Foraker said:
lHndft Only Bad Precedent.
The wicked flee when no man pursueth.
I have not forcasted the character of any
speeches I am intending to make, and. If
I had, it would seem Incredible to the
average mind that such a story could be
anything mora than a mischief -making
plpedream of an overarnbttlons correspond
ent. That the President of the United States
should become persona ly engaged In a
i ... I
FORAKER'S SHOTS AT ROOSEVELT.
That the President should become
personally engaged In a political con
test to determine his successor Is
without precedent unless it be the
bad precedent set by Andrew Jack
son. The time has not yet come, and no
body knows that better than the
President himself, when dead lines
can be drawn In debate.
I never heard' tell of any combina
tion or trust or conspiracy to oust
the President in anything.
No man ever occupied the White
House who has been Identified with
so many legislative measures.
I have supported all measures that
have come before the Senate with
which he was Identified, except only
three.
I did not believe that even the
President has the right to deprive
them fthe negro soldiers) of this
right (to a hearing).
I have always understood that
representatives of the people are only
accountable to the people; that they
are not properly subject to any other
influence.
I will not submit to the dictation
or threats or menaces of any kind of
boss, big or little. Inside or outside
the state.
political contest to determine his successor
Is without precedent, unless it be the bad
precedent set by Andrew Jackson as to
Martin Van Buren. That he would enter
upon such a struggle with a declaration that
he Is to set the limitations upon the free
dom of speech of those who may differ from
him and that they are to disregard those
limitations at their peril is without pre
cedent, even In the case of Jackson, and Is
so Inconsistent with the dignity of his high
office and the proprieties always to be ob
served that I feel It a duty toward the
President himself to enter for him on my
own motion a disclaimer of all responsi
bility for such a publication.
The time has not yet come, and nobody
knows that better than the President him-
Senator J. B. Fornker, of Ohio, Who
Attacked President Roosevelt in
Opening Campaign Against Tuft.
self, when "deadlines" can be drawn in de
bate for anybody to observe, nor has the
time come when any real man would re
spect them if they were drawn.
Conspiracy With Capital.
Mr. Foraker characterized as a "sort of
companion piece" a published statement
of the combination to "do him up" for
his attitude toward the capitalists, H H.
Harriman, J. B. Foraker and John D.
Rockefeller. -He continued:
In view of this publication,. I trust that
I must without impropriety say that until
(Concluded on Page 2.)
JUDGE R.P.BOISE
OBEYS SUMMONS
Able Oregon Jurist Dies
at Salem Home.
ONE OF STATE'S FOUNDERS
Helped Frame Code of Laws
of Old Territory.
LATER ON SUPREME BENCH
Friends Pay Tribute to Man Who
Had Served Tor 34 Years a9 Judge
and Had Been Important Fac
tor in the State's History,
SALEM. Or.. April 10. (Special.)
Judge Reuben Patrick Boise, one of
the earliest pioneers, ablest jurists,
founders of the fundamental laws, and
moulders of the destiny of the state of
Oregroa, passed away at his old home
in this city, shortly after 2 o'clock this
afternoon. His malady was a combina
tion of stomach and kidney trouble.
He had reached the advanced age of
87 years, 9 months and 22 days.
There was perhaps no better known
and prominent man In the public mind
of the state of Oregon or the Pacific
Northwest than Judge Boise, He was
one of three who framed the first code
of laws of the Oregon Territory; one
of the few surviving members of the
constitutional convention of the state.
With the exception of about 12 years,
he had presided over the Supreme and
Circuit Courts of the state since the
year 1857. and his demise has cast a
gloom and shadow of deepest regret
upon all who have been associated
with him during his life of usefulness
In both official and private capacities.
Funeral services will be held at his
late residence at 2 o'clock Friday aft
ernoon and interment will be tn Odd
fellows Cemetery. Rev. P. S. Knight,
who has ministered to the spiritual
welfare of Judge Boise's family ever
since r.ia residence here, and has
preached the funeral sermons of all
his relatives, will deliver the sermon.
It Is probable that Judge George H.
Williams, of Portland, will deliver the
eulogistic address.
Life of Judge Boise,
Judge Boise was born at Blandford,
ITampden County, Massachusetts, June 19,
1S19. His ancestors followed Washington
during the War of the Revolution. He
was a descendant of the French Hugue
nots, and the third child of a family of
eight of Reuben Boise, prominent in
Massachusetts politics up to the time of
his death. His mother's maiden name
was Sallie Putnam, a relative of General
Israel Putnam, of Revolutionary fame.
He Is survived by one daughter, Maria
Boise, who lived with him to the last;
Reuben P. Boise, Jr., a prominent busi
ness man of this city, and Whitney L.
Boise, one of the leading attorneys of
Portland.
Judge Boise was educated in the pub
lic schools of Blandford, and was gradu
ated from Williams College with the de
gree of A. B.. in 1S43. He taught school
in Missouri one year, and then read law
under his uncle. Patrick Boise, of West
field, and was admitted to the bar in 187.
He practiced law for two years at
OMcopee, Wis., and came to Portland,
via the Isthmus of Panama, in 1850. He
purchased a tract of 640 acres of land
near Dallas. In Polk County, which still
belongs to the estate, and on which he
lived for four years.
In 1851 Judge Boise was elected Prose
cuting Attorney of the First and Second
Districts by the Territorial Legislature,
his field lying between Eugene, Lane
County, and the Territory of Washington.
In 1863 he was elected one of the code
commissioners for Oregon and selected to
compile the first laws of the territory,
with two others, James K. Kelly and
D. R. Blglow.
In 1864 Judge Boise was re-elected Prose
cuting Attorney and represented Polk
.........j
:
Evelyn Nesbit Thaw, Love for Whom
Caused Thaw to Kill White.
County In the Territorial Legislature for
three years. In 1S57 he represented Polk
County in the constitutional convention
and. as chairman of the committee on
legislation, was instrumental in furnishing
the fundamental laws of the state gov
ernment. In 1857 he was appointed by
President Buchanan one of the Supreme
Judges of the Oregon Territory, along
with Judges Williams and Deady. After
Oregon's admission to statehood he was
elected to the supreme bench and sat with
Judges Walte, Stratton and Prim. In
1868. under the provisions of the constitu
tion, he drew lots for terms with his
associate Judges, with the result that
Judge Waite drew the shortest term of
two years and presided as Chief Justice;
Justice Stratton drew the four-year term,
and Judge Boise the six-year term. He
held his position on the supreme bench
for 12 years. His seat was contested by
the late Judge B. T. Bonham. and. rather
than enter into litigation, Judge Boise
withdrew.
Judge Boise was elected a member of
the Capitol Building Commissioners in
1874, in which capacity he served until
1876, when he was again elected to the
(Concluded on Page a.)
CONTENTS TODAY'S PAPER
Tlv Westher.
TBSTERDATP Maximum temperature, 57
degrees; minimum, 35-
TODAY'S Fair and warmer; northerly
winas.
Thaw Trial.
Case In Jury's hands and disagreement ex
pected. Page I.
Jerome's closing address to Jury. Page 1.
Instructions of Judge Fitzgerald. Page 1
ForHgn. Attempt to Tclll Grand Duke Nicholas of
Russia. Page 8.
Btolypln, defied by Russian Don ma. page &
National
Taft announces plans for restoring- Ootoan
Independence. Pass S.
Appointments to The Dalles Land Office.
Pag 2.
Politics.
Foraker opens Ohio campaign with denun
ciation of Roosevelt., Page 1.
Southern Democrat asks Bryan to nominate
Roosevelt at Democratic National Con
vention ; Bryan delays decision. Page 2..
I Follette declares for Roosevelt for third
term. Page 2.
Bourne, Hanabrotrgh and other Senators
say Roosevelt will be nominated. Page 3.
Domestic
Hawk in on martyr to lepers and other sto
ries. Pag 4.
Hermann's defense suffers badly under cros
examinatlon. Page 1.
New York murderer captured at Tjob An
geles. Page 10.
Sports.
Pacific Xjeague scores San Francisco ft,
Portland 8; Los Angeles , Oakland 1.
Pacific Const.
Judgn R. P. Boise dies at Salem. Page 1.
Four killed in worst wreck In history of O.
R. & X. Page 6.
Dean of T'nlversity of "Washington would bar
bachelors from faculty. PaK 6.
Smallpox patient found on car and all pas
sengers vaccinated. Page 6.
Grange refuses to recede from position on
appropriations. Pagf A.
Oranoy's charge against Hearst men falls.
Page 3.
Supreme Court gives RUef more liberty.
Page a.
Commercial and Marine.
Oregon's enormous hop crop proved by re-
vised statistics. Page 15.
"Wheat higher on green-bug reports. Page 15.
Stock market moves in narrow limits
Page 15.
ijaroouna neet at Astoria gets to
Page 14.
Portland and Vicinity.
John B. Coffey, candidate for Mayoralty,
suggests initiative for revocation of gas
franchises. Page 10.
State School Textbook Commission soon to
meet. Page 11.
Colonist traffic is breaking all previous rec
ords. Page 4.
City "Water Board lets contracts for many
important extensions of mains. Page 11.
Motorman marries girl of 15 and arouses
Ire of ber parents. Page 14.
McKenna liquor license petition will prob
ably not appear on the ballot. Page 10.
Garrlts Jury unable to reach verdict as to
homicide's mental condition. Page 14,
HERMANN GRILLED
BY PROSECUTOR
Farmed out Relatives
on Government.
TOOK CLERKS' UNPAID SALARY
Government Draftsman Em
ployed on His Business.
CANDIDACY FOR SENATOR
Real Purpose of Delay In Removal.
Praoht Removed Because He
Would Xot Rent Hermann's
House Letters Contradict.
OREGONIAN NEWS BURBAF. Wash
ington. April 10. Blnger Hermann made
no better showing under cross-examination
today than he did yesterday. His 1
course was practically the same, his
statements at times contradictor', and
some of his testimony was directly dis
proved by his own letters, which were
Introduced In evidence. As yesterday, un
favorable transactions were exposed
which will not tend to prejudice the jury
In favor of the defendant. Opinion Is
general that by going on the stand Her
mann has done his cause more harm thjrn
good.
This morning Hermann admitted that he
had been liberal In placing his relatives
on the payroll of the Land Office, while
he was Commissioner. He admitted ap
pointing his uncle. W. A. Porter, forest
supervisor; his brother-in-law, Edward
Bender, an agent; his brother, W. G.
Hermann, the son of the latter, forest
supervisors; Arthur, his son-in-law, Kyle
Miller, special agent, and his cousin,
Ernest F. Glotfelty, a messenger.
Appointed to Pay Mortgage.
Hermann admitted that Porter was In
the "60's" when appointed, but said he
was capable of patrolling a reserve not
withstanding his years.
Hermann could not remember receiving
a Fhare of the salaries of any of his rela
tives except Porter. Here the attorney
for the defense objected and the District
Attorney said he desired to show that
Hermann had appointed Porter for the
sole purpose of discharging a mortgage
held by the defendant. Tt was shown by
vouchers that part of the pay of Kyle
Miller was assigned to Hermann. An
effort was made to show that Miller,
though drawing Government money, was
not performing service. Hermann did not
so recollect.
Appropriated Government Casb.
This afternoon a very questionable
transaction was brought to light by Dis
trict Attorney Baker. He produced a
copy of a letter written by Hermann to
his receiving clerk In 1897, directing him
to transfer from the Government fund to
his (Hermann's) private bank account up
wards of $37, which had been left in the
office by two former receiving clerks. This
money remained to Hermann's private
credit and drew interest for three years
when It was by him transferred back into
the Government fund. Although diligently
piled with questions tending to show his
motive for this peculiar transaction, Her
mann could .not Intelligently explain his
action, but he believed, "this was a fund
for which the Commissioner was officially
accountable."
The District Attorney sought to make
htm admit that Just prior to the time the
money was turned back to the proper
officer, two old accountB, signed by
former receiving clerks, had been pre
sented for payment and that they called
for the exact amount which Hermann had
placed to his own credit. Hermann could
not recall anything about these accounts.
All to Save 7 Cents.
Another Interesting feature of Her
mann's testimony today bore on his
method of requiring Land Office employes
to devote part of their time during of
fice hours to the preparation of state
ments regarding his personal business af
fairs, such as collection of rents, payment
of taxes, etc., for his property in Oregon.
It was shown that on one occasion he
had a draughtsman prepare an elaborate
table for these private figures, and when
It was completed after half a day's work,
Hermann required him to make a dupli
cate on thinner paper. The clerk made a
notation on the back of the original table
saying Hermann's secretary told him the
Commissioner would not accept heavy pa
per, "because It would cost him 7 cents
more to send it through the malls than If
thin paper was used." In other words, to
save 7 cents postage. Hermann utilized the
services of a Government draftsman for
one full day.
Hopes of Being Senator.
In his previous testimony regarding his
resignation as I-aml Commissioner, Her
mann had declared that through Senator
Mitchell he asked that the date of his
retirement be postponed on account of
the approacning marriage of his daugh
ter. Today, on cross-examination, Her
mann admitted that at that time he was
a candidate for the United States Senate
and, in view of the fight then on be
tween two Republican factions in Oregon,
he had considerable hopes of being agreed
upon as a compromise candidate. He ad
mitted that it was with this in mind
that he sought to postpone his retirement
from the Land Office. He left the im
pression that this was the principal rea-
( Concluded on Page a.)