VOL. XLVI.-NO. 14,460.
PORTLAND, OREGON, FRIDAY, APRIL 12, 1907.
PRICE FIVE CENTS.
4 WW
Jft
THAW JURY OUT
01 MORE NIGHT
No Sign of Agreement
Up to Midnight.
HEARS MUCH EVIDENCE READ
Seeks Information About De
tails of Shooting.
THAW HOPEFUL OF RESULT
Twelve Weary Men Struggle With
Problem of Guilt or Innocence.
Thaw's Family Shows More
Anxiety Than the Prisoner.
OTHER FAMOUS MI'RDER TBIALS.
NEW YORK, April 11. (Special.)
With the Thajv trial showing every
Indication of being a record-breaker
on all lln.s. Interest carries back to
three other famous New York mur
der trials, statistics on which follow:
lir, Samuel J. Kennedy.
First trial. Irt court days; Jury out
three hours 13 minutes; verdict, guil
ty, first degree.
Second trial, 13 court days: Jury
out six hours 35 minutes; verdict,
disagreement.
Third trial. M court days; Jury nut
22 hours Ave minutes: verdict, dis
agreement. Roland II. Molincux.
First trial. 57 court days; Jury out
eight hours; verdict, guilty, first de
gree. Second trial. 21 court days; Jury
out 25 minutes; verdict, not guilty.
Nun Patterson.
First trial, stopped owing to Ill
ness of Juror at end of ten days.
Second trial; 17 court days; Jury
out 24 hours: verdict, disagreement.
Third trial: 14 court days; Jury out
11 hours 33 minutes; verdict disagree
ment. Harry K. Thaw.
Trial 04 days to date.
NF.W YORK. April 1 1. Deliberation
of 31 hours by the Thaw Jury has
failed to result in a verdict. At 11:40
o'clock tonight the jury was ordered
locked up for a second night at the
Criminal Courts building. The fact
that the Jurors had not been able to
agree after devoting so much time to
a study and discussion of the case has
given rise to the belief that the trial
will end in a disagreement, and the
whole affair will have to be gone over
again.
Although the II men have thus far
failed to roach a common opinion, and
to all appearances, are hopelessly at
sea. Justice Fitzgerald has not given
up hope of having a verdict rendered.
As yet. Denting B. Smith, foreman
of the Jury, has not complained to the
court that the Jurors aro unable to
reach a decision, and until he does so
It is not likely tlmt Justice Fitzgerald
'will dlschnrKO them.
Tile general Impression prevails that
If they are unable to agree at the
expiration of 48 hours, they will be re
leased from further service. The very
fact, however, that no Intimation has
been received from the jury room that
the men are unable to agree has been
construed by men who have followed
the proceedings closely as an Indica
tion that a verdict will eventually be
reached.
Thaw Family Disappointed.
The mother, wif and the two sis
ters and brothers of the defendant
were In the Criminal Court up to the
last minute and when It was an
nounced that the Jury had been locked
up over night and there was no longer
any prospect of a verdict before tomor
row, they returned to their hotel crest
fallen. They had hoped and looked
forward for a decision today, and the
news that they would have to pass
another night In doubt and anxiety was
a keen disappointment.
Twice during the day the 12 men
who took their places in the jury-box
more than two months and a half ago
filed Into the courtroom nnd asked the
court's assistance In an endeavor to
bring about an agreement. They ap
peared wan and haggard, after wrangr
ling through all of last night In the
s: tjr little conference room at the
Criminal Courts building with only
hard chairs and one long tablo pro
vided for their comfort.
Evidence Itcud to Jury.
The Jurors wanted to hear again the
evidence of numerous eye-witnesses to
the tragedy. They wanted to hear
what Dr. Alien McLane Hamilton had
been allowed to testify as to Thaw's
condition the night of the tragedy, and
what Evelyn Nesblt Thaw had said as
to her husband's conduct that evening;
they wanted to hear repeated the con
versations Thaw had with James Clinch
Smith Just before he committed the
homicide; they wanted to hear several
portions of Justice Fitzgerald's charge
once more, and finally asked permis
sion to tnke possession of all the writ
ings of Thaw which had been Intro
duced into the trial as Indicative of
the defendant's state of mind when he
heard the story of Evelyn Nesbit's
alleged wrongs at the hands of the
man who was to become his victim.
All these requests were granted by the
court, but when Foreman Deming B.
Smith, on behalf of the jury, asked that
certain portions of the summing up ad
dress by Mr. Delmas be read. Justice
Fitzgerald called a halt. He admonished
the Jurors that they were to be guided
only by .he evidence and were not en
titled to hear again the closing speeches
of the lawyers.
Harry Thaw's family remained at the
courthouse until late in the night. They
visited the defendant on several occa
sions in the prisoners' pen on the floor
above the courtroom. Their purpose was
to cheer him, but he appeared by far the
most cheerful of the group. Thaw's con
fident air seemed never to leave him
for any great length of time and a buoy
ancy of spirit is nearly always appar
ent. 3Iany Humors About Jury.
There were all sorts of rumors and
guesses in the air today as to how the
Jury stood. There were more different
reports as to the results of the ballots
than could possibly have been had test
votes been taken. None had any degree
of authenticity. Some were uttered In
Jest by principal figures connected with
.................. t
Lord Cromer, Who JBas Resigned us
Actual Ruler of Egypt.
the trial, and occasionally these were
taken In deadly earnest by persons who
heard them.
The action of the jury In twice go
Ins? before Justice Fitzgerald to have cer
tain portions of the testimony read
caused much speculation. It seetned evi
dent that the Jury's deliberations were
hinging on the question of sanity or In
sanity of the defendant as shown by the
defense. The jury showed an almost
startling familiarity with the evidence
and the testimony It desired to hear
again today was given in part by per
sons who were not referred to In the
summing up speeches of either Mr. Del
mas or District Attorney Jerome. From
the manner In which the jurors wished
to go over the evidence In all its de
tails, it was surmised that a verdict, If
reached at all. would be predicated en
tirely on the evidence, and not on the
"unwritten law.''
Justice Fitzgerald spent the entire even
ing in his chambers awaiting the verdict
of the Jurors.
Jury Pale and Hed-Kyed.
The Jury was liberated from lis con
ference room at 7 o'clock this morning
and taken to breakfast. ' The night had
been a hard one for many of the Jurors,
and tlie strain plainly showed on their
pale faces and reddened eyes. A Jury
locked up to consider a case is given no
comforts. The chairs in the Jury room
are hard, straightback -affairs. In which
even a few moments sleep would be well
nigh impossible. Newspaper men called
at the Tombs early today and sent a
messenger to Thaw asking him how he
felt. He said he was still confident and
hopeful of a favorable outcome. It was
said that Thaw had a good night's rest
after returning to his cell shortly before
night. The guards said Thaw was pack
ing up his effects, ready to leave the
prison at a moment's notice should he be
acquitted.
Thaws Early In Court.
Members of the Thaw family began to
arrive at the Criminal Courts building
shortly after 10 o'clock. In one automo
bile were Mrs. William Thaw, the Count
ess of Yarmouth, Mrs. George L. Carnegie
and Eidward Thaw. They went at once
to the witness room adjoining Justice
Fitzgerald's chambers. The Judge came
in a few minutes later. Evelyn Nesbit
Thaw made her appearance at the Court
House within 35 minutes after the other
members of the family had arrived.
Through the heavy black veil she wore
It could be plainly seen that she was un
usually pale. She walked as though much
fatigued.
A few minutes before 11 o'clock the Jury
asked for some of the exhibits and the
District Attorney sent in all the exhibits
In the District Attorney's possession. In.
eluding the large photographs of Evelyn
Nesblt. which she Identified as having
been taken the day she said White out
raged her.
Jury Asks for Exhibits.
At 10:59 the Judge took the bench and
the jury was called to the court room. A
minute later a messenger was sent to the
Tombs to bring Thaw to the court room.
When Thaw was called to the bar he
entered the room with a quick stride and
bright eyes, and carrying half a dozen
morning newspapers. His manner and
appearance bore out the statements of his
counsel earlier In the day that he appar
ently was in better shape physically than
any other person connected with the long
and tedious trial.
Thaw bowed to his mother, his wife, his i
nu Dialers, me countess oi larmoutn
and Mrs. George L. Carnegie, and to his
brothers. Edward and Josiah. He then
turned to his counsel, all of whom were
present, and entered Into a brisk conver
sation with them.
Justice Fitzgerald, in taking the bench,
aid:
"I have received a request from the
(Concluded on Pag 8.)
BORAH REPORTED
10 BE INDICTED
Grand Jury May Involve
Idaho's Senator.
LINKS NAME TO LAND CASES
Sensational Reports Expected
From Boise Today.
WISCONSIN MEN IN THE NET
Borah, Attorney for Lumber Com
pany, Under Investigation Sen
ator Says Humor May Be
True, but He Will Not Talk.
BOISE, Idaho, April 11. (Special.) Ru
mor Is persistent tonight that the United
States grand Jury has indicted Senator
W. E. Borah, and there is every reason
to believe the story is true. It is so spe
cific that the vote of the Jufy is" given,
which Is said to have been 12 to 11.
Mr. Borah states he has heard the ru
mor and is disposed to believe It Is cor
rect. The understanding la that the In
dictment, together with numerous others,
will be reported to court tomorrow. Mr.
Borah declined to discuss the subject fur
ther without official knowledge of the ac
tion of the Jury.
It is the understanding that James E.
Barber, of Bau Claire, Wis., head of the
Barber Lumber Company, has been In
dicted, also L. G. Chapman, manager, who
is in jail for contempt in refusing to de
liver all the books and records of the com
pany to the grand jury, and other Wis
consin men Interested In the corporation.
Diligent search has been made to dis
cover on what grounds the indictment has
been found against Mr. Borah. It is un
derstood to be for conspiracy, but very
little seems to rave been stated by the
witnesses, beyond the. fact that he is gen
era! attorney for the company, a position
he has held since 1904.
One statement made before the grand
Jury was that he drew a contract that
was entered Into between William Sweet
and the late Frank Steunenberg at the
time the former transferred certain op
tions he had on- timber lands in the Boise
Basin country to Steunenberg. That land
was the foundation of the holdings of the
Barber company. Mr. Steunenberg went
East and Interested Wisconsin men in the
matter and they afterward took up the
options.
Another statement made before the
grand jury was that Mr. Borah handled
money for the purchase of the lands. The
lumber company desired to get certain
lands, and. In the absence of Mr. Steunen
berg, Mr. Borah was asked to purchase
them. Part of the land was patented and
all had been proved up at the time, it is
believed. In the light of all the Informa
tion that can be secured as to the evi
dence, it is impracticable to arrive at a
conclusion as to the basis of the charge.
Conference on Opium Traffic.
LONDON, April 11. Replying to a
question In the House of Commons to
: -. ' i .
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day. Foreign Secretary Gray reiterated
that the British government had been
notified that the American govern
ment was willing to participate in an
annual conference upon the opium
traffic in East Asia, or In a commis
sion to investigate the opium trade
upon the conditions that certain other
powers were willing, and that the In
quiries be extended to production of
opium In China as well as to the Im
portation of foreign opium. The sec
retary added that the replies of the
other powers consulted had not yet
been communicated to the government,
nor had the programme of the confer
ence yet been committed to them.
WASHINGTON, April U It Is stated
here that there have been no exchanges
between this Government and others
interested In the suppression of the
opium traffio during the last three
months.
Mikado Receives Admiral Bronson.
TOKIO. April 11. Rear-Admiral Bron
son. U. S. N-, waa received In audience
this morning by the Emperor.
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 6S
degrees; minimum. 48.
TODAY'S Fair; easterly winds.
Foreign.
Lord Cromer resigns as ruler of Egypt
Page 6.
Morocco vainly tries to end French occu
pation of Oudja. Page 8.
Bonilla surrenders to Nicaragua- Page 4.
National.
Tawney predicts completion of canal In five
years. Page 4.
Mrs. von Claussen says things about Roose
velt. Page 1.
Government will continue fight for respect
to uniform. Page 5.
PoUtlcs.
Senator Burrows says Roosevelt would de
cline, even If nominated. Page 4.
Domeetlc.
Raskin on progress of .electric rallrpa.de.
Page 6.
Hermann suffers again In cross-examination.
Page 1.
Episcopal preacher unfrocked for visiting
tenderloin resort. Page 5.
Thaw jury falls to agree and Is locked up
for night. Page 1.
Union Pacific directors propose to reduce
Harrlman's power. Page 1.
Escaped Georgia murderer surrenders In
California. Page 4-Packing-house
men threaten another strike.
Page tt.
Caxnefrle institute at Pittsburg dedicated.
Page S.
Snorts.
Baseball season opened by bt( leagues;
New York forfeits game by not keeping
order. Page
ttnclflc Coast.
Several millionaires to be Indicted in San
Francisco. Page 4-
Ruef's lawyers plan
move to control Jury
panel. Page 4.
Telephone promoters show fear of indict
ment. Page 4.
t'ummerclat and Marine.
Record prices paid for Oregon potatoes.
Page 17.
Wall street r Uvea, in fear
Page IT.
tight money.
Thre large steamers
Francisco. Page 11.
coming from San
Rumor in Boise that grand jury has voted
indictment RRalnst United States Sena
tor W. E. Borah. Page 1.
Politics detected in fight to call referendum
on University appropriation. Page 7.
Seattle lad picks up severed hand and runs
with It to doctor's office. Page 7.
Port lend and Vicinity.
Mrs. L I.'iwengart Jumps from high bridge
while temporarily insane, and is dashed
to death. Page 10.
Portland molders demand eight -hour day
and threaten strike. Page IX.
Fourth-street nuisance ordinance will prob
ably be definitely drafted Monday. Pago
10.
Portland gets Government pure food labo
ratory. Page 11.
Women's Club will hold exciting election
today. Page 10.
Towns between Portland and Goble to get
Astoria 4 Columbia River service in fu
ture. Page 13.
Peter GarrltB declared insane by lunacy
commission, composed of trial Jury, which
recommends life Imprisonment. Page 6.
April building permits may reach $1,500,000
Page 11.
U. S. "CAjX'T SOMEBODY STOP THAT FALSE ALARM?
ADMITS FURTHER
DAMAGING FACTS
Hermann Made Robert
son Divide Pay.
VACATION AT PUBLIC EXPENSE
Government Also Paid Per
Diem While in Oregon.
HIS MEMORY FAILS AGAIN
Denies Land Deals While Receiver
at Roseburg Were Illegal Made
Public Blue Mountain With
drawal Before Telling Mays.
OREGONIAX XEWS BUREAU. Wash
ington, April 11. Binger Hermann's cross
examination closed this afternoon. Only
a few witnesses remain to be examined
by the defense. It la expected that ar
gument will be made by the middle of
next week and then the case will go to
the jury.
As on the previous days when lie was
under cross-examination, Hermann today
did his case no goo. His admissions had
no direct reference to the destruction of
his letter-books, but tended to place him
in an unenviable light before the jury.
For instance he admitted that on each
of his Summer vacation trips to Oregon,
he drew actual traveling expense from
the Government and in addition received
per diem of $3 for each day he was away
from Washington. He declared that these
trips were semi-official in that he was at
tending to public business most of the
time he was In the West, but it was like
wise shown that much of his time was
spent in Oregon, in fact most of his time
on vacation.
Made Robertson Divide.
When Harry Robertson was on the
Btand he undertook to testify that he act
ed aa private secretary to neTmarm when
Hermann was first in Congress and at
tempted to explain how Hermann regu
larly made him divide up his salary with
Hermann. The testimony was objected
to and ruled out. Today Hermann was
compelled to admit that Mr. Robertson's
charge was true, but he declared that he
docked Mr. Robertson In order to employ
an extra clerk. Mr. Robertson being un
able to handle all his correspondence.
When Mr. Robertson was clerk of Her
mann's committee, his salary', J185 per
month, was paid to him direct, but Her
mann admitted that he compelled Mr.
Robertson to give him all but $80 each
month.
Asked about his extra stenographer, he
said his name was James and explained
that he came to his house three nights
a week and took long-hand dictation. As
cording to Hermann's explanation, James,
the long-hand writer, was better paid
than Mr. Robertson, who gave Hermann
his entire time. Hermann could not rec
ollect that Mr. Robertson Tefused to di
vide with him his last month's salary.
Had Right to Buy Land.
Many tlms during his cross-examlna-
tlon today. Hermann "could not remem
ber" circumstances about which he was
questioned.
Explaining his action In acquiring three
thousand acres of public lands while he
was Receiver of the Roseburg Land Of
fice. Hermann said he bought land for
$1.25 an acre, using it for a sheep ranch.
After holding It 23 years he sold it for
C per acre. His attorney declared that
at the time Hermann bought that land
it was not unlawful for local land officers
to acquire public lands. The restriction
cited a day or two ago, he said, applied !
only to officials and employes of the
General Land Office in Washington.
Denies He Gave Mays Tip.
On re-direct examination. Hermann
again denied that bis telegram to Mays
July 25, 1902, was a tip to enable Mays
to get land In the Blue Mountain Re
serve before the withdrawal went into
effect.
He said he gave full details as to this
withdrawal to The Oregonlan correspond-
M
r
Andrew Carnegie, Whose Splendid
Gift to Pittsburg Was Dedicated
Yesterday.
ent three days previous, and that the
same were published on July 22. He cited
this to disprove the charge that he was
giving Mays advance or inside informa
tion, but that he was merely Informing
him what had already been published in
the Portland papers.
Hermann "could not remember" wheth
er he expedited F. A. Hyde's cases be
fore the Land Office at request of Sena
tor Mitchell.
Where Puter Got the Money.
Charles ("haffee. president of the Wis
consin National Bank, of Rhinelander,
Wisconsin, and Henry Close, cashier of
the Milwaukee National Bank, of Mil
waukee, testified for the defense regard
ing the payment In 3901 of $9000 to S. A. D.
Puter. Mr. Chaffee said his bank ordered
payment to Puter through the Milwaukee
bank, and Mr. Close said his bank paid
the amount by drafts on the First
National Bank of Chicago, and that this
draft was cashed by the Continental
National Bank of Chicago. On cross-examination
Mr. Chaffee said he paid Puter
$2300 In cash a few days before the $9000
payment was made. Puter had testified
that l.e got the two $1000 bills from a
Milwaukee bank, the money being a part
of this $9000 transaction.
DOES NOT GET FAIR DEAL
MRS. VON CLAUSSEN SAY'S PRES.
IDENT IS AGAINST HER.
Snubbed Society Dame Says She Got
Ivo Square Deal Will Pursue
Matter to End.
WASHINGTON, April It Mrs. Ida von
Claussen. who has been here for some
time, endeavoring to see President Roose
velt regarding her controversy with the
American Minister to Sweden. Mr. Graves,
growing out of Mr. Graves' refusal to
present her to the royal court at Stock
holm, left for New York tonight. Before
her departure she gave out a statement
In which she said she had "no chance of
redress at the hands of President Roose
velt or the State Department" and that
she "would pursue the issue to the end."
Tier statement criticises President
Roosevelt for denying her an audience,
asks if that was a "square deal," says
she has been snamefully treated by the
Roosevelt administration and says that
the "reopening of the case" by the State
Department, while a moral victory for
her. "Is intended to deceive me Into non
action." She alleges that the State Department
Is protecting the President In the matter,
and concludes:
"I regard my treatment tiere as a farce
and an outrage."
TOWNSPEOPLE FIGHT FIRE
Burning of Cotton Compress Endan
gers Buildings of City.
CHICK ASH A, I. T., April 11. The
compress of the Traders Compress Com
pany, with Its contents of 14.000 bales
of cotton, was destroyed by fire here to
day, causing a loss estimated at be
tween $660,000 and $700,000. The loss Is
fully covered by Insurance. The com
press was owned by Neil H. Anderson,
of Fort Worth, and R. K. Wooten and
L M. Potts of this city.
The flames were fanned by a strong
wind and the town was only saved from
destruction by the citizens helping fight
the fire.
Mrs. Taft at San Juan.
SAN Jt"AX. Porto Rico. April U. Mrs.
William H. Taft. Miss lde and Mr. Poet
arrived here today on the steamer Coamo.
Several entertainments have been ar
ranged In honor of the visitors.
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REDUCE
POWERS
GIVEN HARRIMAN
Union Pacific Directors
Propose Move.
TOO MUCH ONE-MAN CONTROL
Harriman Could Sell All Road's
Securities.
CAUSES PUBLIC DISTRUST
Reorganization of Executive Coin
mittee Proposed to Remove the
Cause of Criticism 'Tine
Idea," Says Harriman.
NEW YORK. April 11. (Special.).
Some of the directors of the Union Pa
cific Railroad favor a material reduc
tion of the extraordinary powers con
ferred upon Its president, Edward H.
Harriman. which make the company a
one-man affair.
At present the executive committee
has all the powers of the directors
when the latter are not In session, and
Mr. Harriman has all the powers of
the executive committee when that
body Is not in session. In other words,
Mr. Harriman can do as he pleases,
except for the few minutes once a
week or once a month, when the com
mittee is in session.
He has a power of attorney and
could se.ll the millions upon millions
of the securities of other roads owned
by the Union Pacific at what price be
pleased, or he could hypothecate se
curities, borrow tens of millions upon
them from banks and engage In
stock market operations on a colossal
scale.
In the hope of appeasing the Union
Pacific stockholders and eliminating
the public distrust in the sei-urities of
the Harriman roads, it Is proposed to
put some new blood In the executive
committee, reorganize the body and
adopt resolutions taking away frm
Mr. Harriman some of the powers
which have provoked so much criti
cism. Asked today what he thought of this
plan, Mr. Harriman said, smilingly:
it is a fine Idea."
The regular monthly meeting will
be held as soon as enough directors
are in the city, and it is expected the
proposed change in the. executive com
mittee will then be effected.
Mr. Harriman was re-elected presi
dent of the Southern Pacific.
MUST ALLOW COMPETITION
Railroad to Pay Damages for Dis
crimination in Rates.
WASHINGTON. April' 11. In an
opinion by the Interstate Commerce
Commission the principle was laid down
that a railroad company cannot arbitra
rily determine that a particular estab
lishment snail compete In certain mar
kets with other localities and that
other similar establishment!, on its
lines shall not so compete, particularly
where the discrimination is not Justi
fied by operating conditions.
The decision was applied to the case
of the Texas Cement Plaster Company
against the St. Louis & San Francisco
Railroad Company, Involving a com
plaint of unlawful discrimination In
rates on cement plaster in carload lots.
The defendants were ordered to adjust
their tariffs accordingly and to pay
the complainant reparation In the
amount of excess charges, with interest.
SANTA FE MUST STAND TRIAL
Judge Welborn Declines to Quash
Indictments for Kcbating.
LOS ANGELES, April 11. In a
lengthy verbal opinion, Judge Olln
Welborn, in the United States District
Court, declined to quash the indict
ments against the Santa Fe Railroad
Company for alleged rebating, and the
company must stand trial upon 5 sepa
rate counts. Judge Welborn's opin
ion reaffirmed the doctrine set fortn
In the American Tobacco Company
case that a corporation Is not a per
son, as defined In the fourth and fifth
amendments of the Constitution of the
United States, and may be compelled to
give testimony tending to incriminate
Itself.
Judge Welborn gave the defendants'
permission to file a demurrer, if they
desire to do so. by April 22.
Georgia Rate Cases Set.
WASHINGTON. April 11. The Inter
state Commerce Commission has set
for hearing in this city on April 18 the
case of the Enterprise Mining Com
pany against the Georgia Railroad
Company and others, alleging unrea
sonable and discriminating rates on
cotton from various Southern points
via Pacific Coast terminals to Shang
hai and other ports In Japan and
China, and also a practically similar
case against the same railroad filed
by the China and Japan Trading Com
pany and others.
Two-Cent Fare for Michigan.
LANSING, Mich., April 11. The J
cent railroad fore hill recently passed
by the Senate was passed by the House,
today, with only one dissenting vote.