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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 26, 1908)
VOL. XL VIII. NO. 14,741. PORTLAND, - OREGON, WEDNESDAY, FEBRUARY 26, 1908. PRICE FIVE CENTS. BELLE IYAIE FOUND GUILTY Jury Convicts Her on Second Ballot. CONSPIRACY CHARGE IS PROVED E. E. Radding, Her Accomplice, Shares Same Fate. MAYOR LANE VINDICATED lawjfr Malarkey's Masterly Argu ment for Prosecution Turns Tide Against Couple Accused of Plotting Against Mayor. Guilty, a charged, of attempting to blacken the character of Mayor Lane and of offending against public de cency; such was the verdict returned last night against Mrs. Belle Waymire and K. E. Radding. The jury in the State Circuit Court reached its conclu sion concerning the highly contradic tory testimony in 30 minutes of actual deliberation. The 12 men were back in court within an hour of the time of leaving the jurybox. Not only did the jurors vindicate Mayor Lane, but after the order dis charging them from further service had been made, several of them sug gested raising a fund to hire a brass band and serenade the Mayor. They said in no other way could they show their feeling of sympathy for a man who had been so grossly maligned. One Juror offered to subscribe $5 to uch a fund, and others said they would contribute, but the suggestion was not actually carried out. Only Two Ballots Taken. Two ballots only were taken. The first ballot was 11 to 1 for conviction. It tock some little time to convince the juror who believed the two de fendants Innocent. Eleven men con centrated their arguments upon him. He gave In shortly and on the second there was no dissehtlng vote. Arrest of Mrs. Waymire and Rad ding followed immediately upon the returning of a verdict. Neither was in court, nor were any of their legal representatives. Judge Gantenbein at once issued a bench warrant and placed it in the hands , of Sheriff Stevens for service." No provision was made for bail at the, time. Jail Sentence Prescribed. Sheriff Stevens detailed four of his deputies on the case. The officers did prompt and effective work, returning Radding and Mrs. Waymire to custody Inside of an hour. Mrs. Waymire was located by Deputy Sheriff Seattle on an Alberta car. Beattie boarded the car on the East Side, shadowed her to Fifth and Washington streets, where she mot W. F. Bell, her fiancee, and then arrested the woman as she was entering tho Chamber of Commerce building. The same officer located Radding on Fourth street. . "Increase the bail In each case from J.nOO to flUOO" was the order tele phoned by Judge Gantenbein when notified by Sheriff Stevens that the two were in custody. That substantial increase is taken to show that Judge Gantenbein takes no light view of the ta.3e, and that the convicted plotters can bardly hope to escape with any punishment short of imprisonment should efforts to secure a new trial fail. Not less than one month nor more than six months in the County Jail is the punishment prescribed by the code. A fine may range from J10- to $200. Both flno and imprisonment may . be ordered In the discretion of the court. Radding spent last night In the County Jail because of the Increase in his bond. Mrs. Waymire secured release by doub ling her bond with Radding's. This arrangement was suggested by Radding, who said he would willingly stay in Jail In order to give Mrs. Waymire the bene fit of his ROD bond. He said he would bo able to furnish the $10CO bond for himself today. That appeal In the case would be taken' at once was indicated last night by John F. Logan, chief counsel for the accused. Under the law he has two days In which to appeal, or move for a new trial. It is the custom to extend the time, on formal application and action looking to a continuation of the fight will likely be taken today. Seeks Men Higher Vp. District Attorney Manning announced, after the finding of the Jury had been returned, that lie Intended making an investigation into the affair with a view ' to locating thoso behind Mrs. Waymire and Radding in what a jury has branded as a plot to ruin Mayor Lane. Mr. Man ning said it was his theory that the defendants were the tools of others, and that he will do his utmost to learn the identity of any accomplices. The jury went out for deliberation at 6:03 P. M.. after having listened all day to the closing arguments for state and defense. Mr. Logan workod on their feel ings during the forenoon until tears actually glistened In the eyes of several Jurors. Ho painted a striking word pic ture of a wronged woman, mother of a little girl, and of powerful officials striv ing to ruin her because she was unfor tunate enough to be poor' and good looking at one and the same time. Logan's Strong Appeal. Mr. Logan made an appeal that won the sympathies of all who heard him and when he closed at noon conviction was not expected by many of those in attendance on the trial. But Dan J. Malarkey turned the tide of feeling after delivering, for three solid hours of the afternoon, one of the most remarkable addresses that was ever made to a jury in Oregon. Not once during tho time he spoke was there a lull in interest. He connected up his evi dence unerringly. He swept away the barriers of defense and overcome the ef fect of any impression made on the sym pathies of the jurymen. His address was clear and convincing. When Mr. Malarkey had finished even those who had been surest in predicting acquittal had changed front. And in the t' ( i f . President Pardo. of Pern, Who la Entertaining; the American Fleet. v rr V .'it t 3 r list of these was one of the attorneys for the defense. IVars Soon Realized. "I'm afraid now the case will go the other way," he said, and his fears were realized an hour later when the verdict was read. Comparatively few people were in tho courtroom when the word was sent down that a verdict was. ready. Hours of deliberation had been expected." Messrs. Logan, Fouls and McGarry were at dinner, not expecting any agreement until later, if at all. The jury was brought in a few minutes - before 6 o'clock and Judge Gantenbein then directed that tho attorneys for the defense, or the defend ants, be notified. Failure to locate any of these persons, however, necessitated action in their absence as the court ex pressed himself as being unwilling to hold the Jurors any longer than necessary as they were already tired out. Had the charge been that of a felony, presence of the defendants or their attorneys would have been necessary but not so under a misdemeanor charge. Disorder Follows Verdict. During the brief wait about 100 people had an opportunity to assemble in tho courtroom. There was a tense silence as the verdict was handed to the bailiff, and by him to the court, who in turn transmitted it to Deputy County Clerk Wells. "We the Jury In this case find the de fendants guilty as charged." the clerk read and there was a stir In the court room which persistent rapplngs from the bailiff's, gavel were required to end. . Judge GcWitenbein took occasion to com pliment the 13 men on their finding. "It seems to me to be a Just verdict," be said, "and I believe it reflects credit upon you gentlemen and upon the city." Mr. Malarkey then called attention to the fact that the defendants were not represented in court and asked for the Issuance of a bench warrant for their immediate arrest: The request was promptly compiled with and the order handed to Sheriff Stevens for service. Would Serenade Mayor. Jurors when discharged commented on the case freely, several' saying that they really felt, ashamed to think they were unable to . bring in their, verdict Inside of five minutes. W. W. Church and N. Harris were among those who said they favored hiring a-brass band and sere nading Mayor Lane in order to emphasize their views of the case.. The Jury was made up of R. M.. Cannon, R. Burthen shaw, B. Schmedler, W. C. Haseltine, Thomas H. Smith, W."w. Church. J. D. Hennessey, John Cronquist, N. Harris, William Sales, C. W. Bowie and S. F. Starr. Mrs. Waymire and her fiance. Bell, made something of a Bcene when the woman was arrested at the entrance of the Chamber of Commerce building shortly after 7 o'clock. Mr. Beattie had been instructed by Sheriff Stevens to lo cate the woman's place of abode on the East Side, and it was while thus engaged that he saw her on a streetcar bound for the West Side. Boarding the car the officer followed the woman, not being sure it was Mrs. Waymire, as he had never seen her, and recognized the sus pect only from photographs he had seen. Mrs. Waymire in Tears. When she stepped off the car at Fifth and Washington and was met by Bell the officer was convinced he was on the right trail. He stopped them as they were going into the Chamber of Commerce block to consult with Attorney Fonts. "I am an officer and have a warrant for your arrest. The bail you now have up has been increased," the Deputy Sheriff told her. "Has the Jury found us guilty?" she asked anxiously, and on learning that such was the case she began sobbing. "My little baby, my little baby," she cried, covering her face with her band kerchief and turning away. Boll protected that the woman should not be arrested without first seeing her lawyer, but Mr. Beattie said he could not violate his instructions. Bell accompanied CConcluded oa Pago la) ' INSIDE STORY OF GREAT MESSAGE Sent to Congress Against Advice. WHOLE CABINET OPPOSED IT Roosevelt's Courage : Shown by His Decision. - SAW HIS DUTY AND DID IT Dismayed by Opposition of Advisers; He Thought It Over and As- j sumed Whole Responsibility for Historic Act. ' By Walter Wellman to the Chicago Record-Herald WASHINGTON, Feb. 25. (Special.) That it requires courage to be President of the United States such a President as Mr. Roosevelt is a chapter of "inside" history will show. It is not the history of last year nor of the last century we are dealing with, but the history of today. It may.be none the less . interesting or im portant for that. Is there any other his tory half so fascinating as that of our own times? This is a simple little epic of those times, of the men and events which are now molding our Nation into whatever It is and whatever it is to be. I have watched the hero of this little story a good many years. I have been in touch with him, have seen him grow, and have frankly and freely discussed with him almost .everything under the sun, including himself. But In all that time I have never known him to do a more courageous thing than the act which we are now to tell of. All Said, "Don't Do It." After President Roosevelt bad written his recent message declaring that the fight against corporate wrong-doing must go on the most energetic, the most read, the most discussed, the most sensational Presidential message of our day Mr. Roosevelt submitted it to the members of his Cabinet. He asked their opinion of It. Should it be sent to Congress or should it not? To the President's amazement, almost to his dismay, one after another of his official advisers declared that, while It was a wonderfully strong paper, and all that, it would be injudicious to send it to the Congress. Every man of. them said the same, thing: "Don't do it at least not now." Deliberated, Then Acted. What did Mr! Roosevelt do? He thought it over for a few days with a man of action that is a long time. He discussed with himself all the objec tions his Cabinet had raised. He met the question fairly and squarely in his mind's processes. -And then he sent the message to Congress. To realize how much courage this re quired, let the reader .imagine himself in like situation. He contemplates some radical, decisive step, taking a big risk. His most valued and trusted friends are called into council. Evey ROOSEVELT W1LI,' EXJCKT A UTTtE ' ; '. ; one of them, without exception, advises against it. Then he threshes the whole thing out for himself, assumes all the responsibility, relies wholly upon his own Judgment and intuition, . and goes ail cad. - Did It Because It Was Duty. - Mr. Roosevelt was not surprised that his Cabinet officers advised against the message. He was not in the slightest hurt or grieved because they did so. This is evidence of his breadth of char acter, his tolerance of difference' of opinion and a -refutation of the theory that he likes only men who agree with him and toady , to him. ' The President was not surprised, because what he proposed was to fight. It was the President's act and his alone, and he was not afraid to do it, nor is he sorry he did It. Something stronger than his or anyone else's reasoning told him it was hla duty his duty to the people. "J"V Wu Tine Fang, Chinese Ambassador . to the United States, Who Is Be lleTed to Have a Message Asking America Aid Against Japanese Aggression. to the country and that Is why he did it. BOYS ROB BY WHOLESALE TWO YOUNGSTERS CONFESS TO SERIES OF BURGIiARIES. Ixs Angeles Police Solve Mystery and Recover Two Wagonloads of Plunder. LOS ANGELES, Cal., Feb. 25.-Postof-fioe Inspector Wilson -said today that he had obtained! the written confession of Merle McRcynolds, aged 13, and Eddie Eschrick, If, both of Hollywood, that they had robbed 29 different residences, stores and other establishments, includ ing the Colegrove postofflce. Three other boys were arrested on suspicion. Two wagonloads of plunder, including a key which would unlock any mailbag in the United States and which was secured when the Colegrove postofflce was robbed, have been recovered. The cellars of the boy's home and an other convenient location are said to have been used as hiding places for the stolen goods. Reach Agreement on Congo. BRUSSELS, Feb. 26. The Etoile Beige states that a complete agree emnt has been reached between King Leopold and Premier Schollaert on the subject of the new text of the Congo annexation treaty. The new treaty will be presented befqre the Chamber of Deputies tomorrow. ''MORAlJ PRESSl'RE" OM.V-XO THREAT OR ABLE FRIENDS IN MANCHURIA. i s-.'.1 . . .: ,' '-.. .-mwm. ::: ..:...' v l REFUTE CRITICISM OF BATTLESHIPS Converse and Capps " Convince Senators. MANY OF CHARGES ARE FALSE Reuterdahl Got Ideas at Sec ond or Third Hand. HE IS NOW WITH THE FLEET After Hearing Reply to His Charges, Senators Apologize for Calling on Admirals Real Source of Criticisms. WASHINGTON, Feb. S5. Two experts In naval construction Rear-Admiral Con verse, retired, president of the Board of Construction, and Rear-Admiral Capps, Chief of the Bureau of Construction and Repair, were before the Senate commit tee on naval affairs .today in the inves tigation of charges against the Navy made by Henry Reuterdahl in a recent magazine article. The charges were taken up in the order they appeared In the article and at the conclusion of the extended refutation by Admiral Converse it was stated by Senator Perkins that the' apologies of the committee were due the officers for having called them to answer such charges. Chairman Hale assented to this view and no member of the committee took issue. This incident at the conclusion of the first day's proceedings is thought to in dicate that the Inquiry will be short. It has not been determined whether the committee will enter upon an Investiga tion of any subject except those em braced in the criticism of the battles. iip construction, but, if other questions are taken up, it is certain no long-continued discussion will be permitted. It is likely that the entire Inquiry will be concluded before the naval appropriation bill Is taken up. Where He Got Inspiration. The development of principal interest In the testimony of Admiral Converse was that two of the charges made by Mr. Reuterdahl were in language similar to that used by Lieutenant-Commander Hill and Lieutenant-Commander Simms, on duty with the General Board of the Navy, In articles which they prepared and submitted to the Secretary of the Navy at his request. He disclaimed any purpose to indicate that these articles or statements of those officers had been the inspiration for the Reuterdahl attack upon the Navy. Nevertheless, these of ficers are to be called before the com mittee In the near future. Secretary Metcalf also will be a witness. No de cision has been reached as to what per sons will be called as witnesses outside Of officers of the Navy. At the Navy Department during the day Lieutenant-Commander Hill submitted to Mr. Metcalf his reply to the questions addressed to him and Lieutenant-Commander Sims as to their knowledge of the source of information alleged to have OF WAR, MI N I) ON OCR HOJf- been furnished to writers who criticized the constructive features of the Navy. Commander Hill declined to discuss his reply. Admiral Converse, supported by Ad miral Capps, was the first witness called before the committee. Hale called upon Admiral Converse to take up the Reu terdahl article and give his views of the charges contained therein. The Admiral characterized some of the charges as "very unimportant," some to be "so stated as to give wrong impressions" and some to be "absolutely false." Gallinger suggested that the Admiral state who Mr. Reuterdahl Is. The au thor of the article was described as an artist who had been employed by the Navy Department for a' time in design ing gun prize trophies, and it was stated that in that connection he had been with battleships In action on several occa sions. "Undoubtedly he had opportunity for r ., . t ';," '"".i ; 1 1 ? .v y j : - . w r" , s 'I v'- 1 1 - s ; t I ! I s '"'-T' i' V i I Yum . .... xx (,rt,Y11s 1 W. G. McAdoo. Who Bored the First Tunnel Under the Hudson River at Sew York, Opened to Traffic yesterday. seeing and conversing with officers," said the Admiral. He said that Mr. Reuter dahl had no education as a naval man. "Do you have reason to think that some officer or officers of the Navy may have inspired this attack?" asked Till man. Simms and Hill Were Critics. Admiral Converse said he did not know that any officer had suggested the at tack, but he explained that officers make reports on various subjects at the re quest of the Secretary of the Navy. Ha said that two of these articles which he had seen had contained criticisms of con struction in line with the article by Mr. Reuterdahl. He was Instructed to name these authors and said that one report made in 1903 by then Lieutenant-Commander Simms, now Commander and Naval Aide to the President, had made reference to the characteristics of the Mississippi and Idaho, which were to be built, and another article had been writ ten by Lieutenant-Commander Hill in regard to the location of the armor belt. He said that Mr. Reuterdahl had made criticisms of two features of construction In almost the identical terms employed In the articles in question. "Then," said Tillman, "without knowl edge of all the facts, Mr. Reuterdahl may have got his Impressions of the weakness of the Navy from the reports of these two officers?" "I cannot say as to that,", replied the Admiral. "It may be that he secured his impressions from others with whom these officers had talked." Reuterdahl Now With Fleet. "Where is this man Reuterdahl now?" asked Dick. It was explained that he was on the battleship fleet on its cruise to the Pacific, having been permitted to (Concluded on Pase 3.) CONTENTS TODAY'S PAPER -The Weather. YESTERDAY'S Maximum temperature, 06 dogrreea; minimum, 43. TOIAYS Rain; southerly winds. Foreign. British ministers predict crisis in Turklph affairs. Page 4. Political storm brewing; in Portugal. Pape 2. Awful desolation caused by revolt in Rus sia. . Page 4. National. Senate, committee reports approving dismis sal oC Brownsville troops. " Page 1. Aldrtch bill attacked In House, supported In Senate. Page S. Senate committee hears refutation of criti cism, of Navy. Page 1. Bill to regulate grazing- offered by cattle men. Page 2.. Wellman says Cabinet opposed Roosevelt's special message. Page 1. Fleet continues to enjoy festivities tn Peru. Page 3. Politics. Hughes speaks in favor of party govern ment. Page 3. ... Folk speaks in New York against gambling on races and In stocks. Page 3. Bourne starts bureau to boom Roosevelt for third term. Page 2. ' Iometic. Murderer of Father Helnrichs confesses he shot wrong; priest. Page 4. Hudson River tunnel opened.' Page 5. Facifta Coast. Trial of Crotners and Older for libel begins at .San Francisco. Page 2. Boy burglars at Toa Angeles confess long series of crimes. Page 1. Japanese school question revived at Sausallto: Page 5. Arguments for and against referendum measures will flU book of 20 pages. Page 8. Eaton will carry out his intention of giving 50,IHK to Willamette University. Page H. Riot at Juneau funeral because corpse is nonunion. Page 6. Commercial and Marine. Columbia River canners look for large salmon pack. Page 15. Wheat advances in all Eastern markets. Page 10. New York stock market neglected. Page 15. R. P. Schwerin says that the longshore charges in Portland are too high, page 14 Portland and Vicinity. Jury convicts Belle Waymire and K. E. Radding of conspiring against Mayor Iane- Page 1. CUy will renew lighting contract with Railway Xlght & Power Company. Pag 10. Independent wheat buyers rejoice over de cision in warehouse case. Page 16. United Railways will build network of elec tric lines In Willamette Valley, page 14. Republican precinct meetings will be held tonight. Page lO. Attack on will of George T. Myers begins In County Court. Page 11. Multnomah wins league basketball cham pionship. Page 7. Manager McCreedlo signs Chicago league player. Page 7. CDMMITTEEVDTES AGAINST FDRAKER Brownsville Riot Is Laid, to Negroes. PRESIDENT'S ACTION UPHELD Senator Lodge's Resolution Passes, 8 to 4. NOW GOES BEFORE SENATE After Prolonged Investigation and Fight, Step by Step, y Ohio Sen ator, Discharged Soldler9 Are Blamed for Disturbance, WASHINGTON, Feb. 2S.-That the sHooting affray at Brownsville, Ter.. on the nigrht ot August 12-13, 1906, was done by some negro soldiers of the- Twenty- fifth United States Infantry and that the testimony taken by the Senate committer on military affairs fails to identify the guilty persons Is the opinion of eight ' members of the committee. Four mem bers of the committee voted against this decision and one member did not vote. The resolution declaring the guilt of the negroes was submitted by Senator Lodge and was adopted after five resolutions by Senator Foraker, one by Senator Du pont and one by Senator Scott, all of which were offered as substitutes, had been voted down. The vote waa reached after prolonged Investigation extending over two sessions of Congress and after evidence had been taken covering thousands of pages. Practically every negro of the three com panies of Infantry dishonorably dis charged by President Roosevelt testified In his own behalf, while evidence in sup port of the President was given by many Army officers and citizens of Browns ville. Throughdut the entire controversy, which In many sections of the country had been made a political issue, the anti administration side has been directed by Senator Foraker. In the final vote in the committee'a majority of the Repub lican members eame to his support. The Ohio Senator expressed himself as grati fied at this, as it was apparent from the outset that all of the Democratic mem bers were convinced that the negroes did the shooting. Xow Goes to Senate. The fight will be carried to the floor of the Senate. The reports of the commit tee will not be made for about ten days, as Senator "Warner, who conducted the examination of witnesses on behalf of the Administration, will be absent from Washington for that period. Action by the committee therefore will be postponed until his return. After the reports have been made to the Senate it Is expected that Senator Foraker will press the mat ter to a vote there. If he should fieeure the same proportion of the Republican members of the Senate as he had in the committee, the vote will be closer than has been anticipated. The Ohio Senator purposes also to introduce a bill to re store to the military service such of the discharged negroes as were shown beyond reasonable doubt to have been innocent of any offense connected with the affray. At today's meeting Senator Lodge of fered a, resolution as follows: That, in tlie opinion of this committee, the BhonttnR affray in Brownwville, Tex., on the niRht of August 12, liHXi, was dine by a number ot soldiers bfMoniclrnr to the Twenty-firth Infantry, XI. S. A., then sta tioned at Fort Brown. Texas. Senator Foraker offered as a substi tute the following: The testimony wholly fails to identify the Individuals or any of them who participated in the shooting affray. The Foraker substitute was defeated by a vote of eight to five, the affirmative being Scott, Foraker, Hemenway, Bulklej and Dupont. The negative votes bring' Warren, Lodge, Warner, Taliaferro, Fos ter, Overman, Frazler and McCleary. The last five named are Democrats. Lodge Resolutions Adopted. The alignment substantially was the same on most of the substitutes offered: The Lodge resolution was finally adopted by tho same division except that Senator Dupont did not vote, making three Repub licans and five Democrats in favor ot sup porting the discharge of the Negroes and four Republicans on record against it. The other Foraker substitutes were as follows: The testimony wholly fails to show that the discharged soldiers of the United States Twenty-fifth Infantry or any of them en tered Into any agreement or so-called con spiracy of pilence, or that they had among themselves any understanding of any nature to withhold any information of which they or any of them might be possessed con cerning the shooting affray. Five Senators voted for and eight against the resolution. The testimony Is so .contradictory and much of it so unreliable that It Is not suf flclent to sustain the charges that soldiers of the .Twenty-firth, United States Infantry or any of them participated In the shooting affray. The affirmative votes were, four anil the negatives nine. Senator Dupont joined the latter. The weight of the testimony shows that none of the soldiers of tho Twenf y-flfth fnlted States Infantry participated In th9 shooting affray. Only Senators Foraker and Bulkley voted for this resolution, 11 Senators opposing it. i The final resolution offered by Sena tor Foraker stated that the testimony CConcluded on Page U.