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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (May 9, 1908)
TFIE MORNING OREGOXtAN, SATURDAY, MAT 9, 1908; HENEY HAS GUN READYTD SHOOT Ruef Trial Almost Causes an Open Fight Among the Lawyers. HENEY CALLS MURPHY LIAR Grilling C'ross-Kxainlnatlon of Galla . glier by Ach Provokes Prosecu tor to Fury He Tells of Threats and Insults. SAN FRANCISCO. May 8. Endeavor ing to come to the defense of the prose cution's star witness, who was being? subjected to a severe cross-examination, and accused of having put words in the witness' mouth. Assistant District At torney Francis J. Heney precipitated a sensational scene in the courtroom this afternoon in tho trial of Abraham Ruef. The outbreak occurred during; the cross-examination of James I Galla gher, the prosecution's principal witness in the bribery-graft cases, whose home in Oakland kbs blown up two weeks ago. Gallagher, who admittedly was the agent and go-between of Ruef and the Superlvsors, had testified that Ruef In structed lim to "hold up" the applica tion of the Parkside Realty Company for a trolley franchise and subsequently told him to see the other members of the Board, advise them that each Super visor would get J750 to pass the ordi nance and to "put It through." He also told of Ruefs message to the Board that there would be J250 more in It for each member when some months later the Parkside Company wanted the trol ley route In the franchise changed. Ach Rattles Gallagher. So hoarse that he could not speak above a whisper without great effort, Henry Ach commenced Gallagher's cross-examination at 2 o'clock. For some time he was unable to find any vulnera ble point In the witness" testimony, but as the cross-examination continued and became more severe, with a repetition of the same question in various forms and a relentless probing for details, Gal lagher became nervous and confused. The gruelling began to tell on the staid and phlegmatic witness and he moved restlessly and uneasily about In the chair. Wrought up by Mr. Ach's methods and Insistence on categorical replies, Mr.. Heney remonstrated and said that it was about time that Mr. Ach was stopped from putting words into the witness' mouth and of trying to mislead him. Mr. Ach came back with the accusation that it was the Assistant District Attorney who had , put words in Gallagher's mouth. 1 Heney Threatens to Shoot. "You are a liar," retorted Mr. Heney, riFlng to his feet. "Put him in jail," shouted Mr. Murphy. "If either of you want anything and will come outside, I'll give It to you this minute," challenged Mr. Heney, as he reached for his hat. "Take that big gun out of your pocket," retorted Mr. Murphy, "then I'll call you a liar." "Yes, and. If I do, I'll use it," said Mr. Heney, as he started toward the table of counsel for tho defense, at the same time dropping his hand to his side menacingly. He was stopped by De tective Burns, sitting directly behind him. The court all this time was exclaiming "Gentlemen, gentlemen." Mr. Ach pushed his associate back into his chair, admonishing him "to be gentleman." Court Fails to Restore Peace. Order being restored, the court said: "If It were not for the fact that I want to get through with this case, there would be no trial of it for a week." "If Mr. Heney has a gun in his pocket," said Mr. Ach, but was Inter rupted by the Assistant District Attor- ney with:" "Yes, I have a gun. An attempt has been made to assassinate me and one other man connected with this proceed ing by some of their crowd of thugs. There are about half a dozen in this courtroom r4gl- now.". "Yes, Burns thugs," interjected Murphy. "No, your thugs," The trouble had broken out again. "He goes around , making a big noise, thinking he will scare somebody," Bhouted Mr. Murphy. Heney Says Jjlfe In Danger. Mr. Ach, addressing the court, said he desired to take an exception to the state ment made before the jury that the As sistant District Attorney was In court armed. He declared that Ruef did not have in his employ any person other than his attorneys and his office boy, and as serted that Mr. Heney had no right to come Into court with weapons on him. If he considered his life In danger, he should have a guard with him. . Mr. Heney declared that he had been re ceiving letters threatening his life, and, taking one from his pocket, said: "Here is one right now that came in care of your honor." The Assistant District Attorney also stated that In coming to and going from the courtroom he was dally being called vile names by persons in the corridors and on the sidewalks in front of the building. After the court had again severely ad monished the attorneys, saying that he would greatly regret to postpqne the trial for a week, and, while very patient and making all allowances, he would not again permlt such a scene to go unpun ished, Mr. Ach resumed the cross-examination of Gallagher. Asked if he did not testify before the grand jury that Ruef said there "ought to be J750 in It for each Supervisor," in stead of "there would be," the witness declared that he "would not say posi tively" that he had not made such a statement, but was satisfied that he had not, and attributed It to an error upon the part of the reporter who took down the testimony. Just before court adjourned. Judge Dool tng again warned counsel against Indulg ing in a repetition of the incident of the afternoon. Mr. Heney apologized, saying he greatly regretted the affair. "I would like to say in extenuation," said he, "that I have been under a heavy strain, trying cases for four years here and In Oregon. I deeply regret on your honor's account that it occurred." As the attorneys met outside In the corridor,- Mr. Heney approached Mr. Ach and for a moment it looked as If the af fair of the afternoon would be renewed. "You accused me of fixing' the witness. I won't stand that from any man," vehe mently declared the Assltant District At torney. Ruefs counsed paid no attention to the remark. Money to Throw to Birds. Gallagher was preceded on the stand by State Senator George B. Keane and "Will iam J. Dingee, a prominent capitaist. Keane was for some yeans Ruefs law partner, later secretary to Mayor Schmltz, which position he resigned to accept the appointment as clerk to the Board of Su pervisors. He was called by the prosecu tion merely to identify the records of the Board. Dingee . told of conversations with Mayor Schmitx regarding the Parkside matter, the Mayor being favorable to the project. He also told of a remark made to him by Ruef when talking about the Parkside proposition that "if they," refer ring to the Parkside people, "wanted to throw money to the birds, I am one of the lrds." HAVE OUTLAW PENNED IN HALF-BREED MOSXEY. IS RUN DOWN AT LAST. Desperado Trailed to Cave Near Ar row Greek and Must Surren der or Starve. BUTTE, Mont., May 8. A special from Lewlstown, Mont., to the Miner says: - Sheriff Edward .Marton and Deputy Sheriff Al Morgan, now In the field after the notorious half-breed outlaw Mosney, are uninjured and have the desperado corralled in a cave near Arrow Creet. John "Walsh rode in from there to day and brought this news with him. He states that the officers soon got on to the trail of their man, and finally penned him up In his retreat, from which he can escape only through surrender, as it will do him no good to fight, all the advantage being on the Sheriff's side. Walsh said It was expected when he left that there might be a termination of the affair at any moment and added that there is no room for doubt as to the man being Mosney. GIVE IMPROMPTU FARCE Students Make Good Use of Thea ter Given Them. UNIVERSITY OF OREGON, Eugene. Or., May 8. (Special.) By way of ap preciation for the gentlemanly manner in which University studen :. have conducted themselves while attending the Orpheum Theater since its opening, L. F. Mummy, manager of the theater turned the place over to the students for one night, and the college boys organized a minstrel show,, which they presented to a packed house this evening. The show was a farce, gotten up on the spur of the mo ment, but every one had a good time, the actors as well as the audience. All of the actors wore baseball masks to ward off the flying vegetables. There was no rowdyism, but just a little college fun. Joshes were cracked on the faculty and promient citizens, and students were made the butts of jokes. FIREMEN CONFESS ARSON Admit Having Burned .Jamestown Exposition Buildings. NORFOLK. Va., May 8. Four mem bers of the Jamestown Exposition Fire Department and two of the Powhatan Guard were today held to the grand Jury on the charge of arson. Two of the men filed written confessions that they started the fire on the grounds which destroyed the Philippine villages and other villages, ten days ago. They said it was understood that Fire Chief Miller had recommended a out In both forces and salaries and they thought a fire would demonstrate the value of both the firemen and guards of the grounds. ' BRIEF NEWS BY TELEGRAPH Chicago Grill W. Barnard, on, of tthe mom widely known Masons In the United States, is critically 111 here. St. Petersburg Klnpr Gustave. of Sweden, and his suite left Friday for Reval. where they will embark for Sweden. New York. The annual convention fryt the Federation of American Zionists . will be held at Atlantic City. July 10 to 15. Winnipeg, Manitoba The Grand Trunk Railway Company will erect six 10,000,000 buBhel elevators on the Kam River at Fort William. New York. The Chamber of Commerce has $70,000 left of the Ban Francisco relief fund and will probably give it to the San Fcanclsco hospitals. Butte Negotiations are. under way for the settlement of the linemen's strike on the Rocky Mountain Bell Telephone Company's lines In Montana and Wyoming. New York The tank steamer Washtenaw, laden with oil. from Sabine. Tex., went on the sand keys near Monmouth Beach, N. J., Friday. She scot off at the next flood tide. Chicairo The arguments on the appeal of the Standard OH Company from the fine of f2S.24O.OO0 Imposed by Judge I.andis were concluded Friday. The court took the appeal under advisement. Tokio. (Baron Sone. Vice-Resident-General in Cores, in the Ji-Jl Shlmp'o is quite out spoken, and recommends drastic measures to suppress the agitation against Japan in Corea. . His return home is generally be lieved to be connected with important politi cal changes In Corea. New York. Charles S. Naethlng. a wealthy restauranteur. has been - appointed admlniRtrator of the .estate of his brother. John Philip Naethlng, who went "West In 1872 and had not been heard of till a year ago. The estate consists of ? 11634. his share of his father's fortune. New York. The annual convention of the National Wholesale Grocers' Association at Atlantic-City. June 3-4. is expected to be the greatest gathering of food purveyors ever held in the country. It will represent about pine-tenths of the grocery trade of the country, and 1000 delegates will be pres ent Guatemala City. Persistent reports are current regarding the presence of Mexican troops on the frontier, and the Guatemalan government has requested the Government at Washlngton to ask an explanation from Mexico. Mexico denies that any more thaD the regular frontier guard la on the bound ary. Sacramento, Cal. A gasoline tank in a large bathing establishment In oak ave nue, between Seventh and Eighth Btreets, exploited Friday morning. The flames de stroyed the bath-house and the Baloon of Charles Bauer and the insurance office of Nathan & Michels; loss $4O,0UO, small In surance. Appletotn Wis. Wisconsin paper manufac turers propose that newspapers be printed on black paper in white ink. The advan tages suggested are the preservation of for ests, the saving of millions of dollars an nually In pulp wood and the reduction In the price of print paper, to perhaps one half the presnnt price. Black paper can fe .nsuie of old and used newasurera CANNON TALKS OUT Advises the Visiting Bishops What to Dp. SIDES WITH SENATOR KNOX Believes Congress " Should Xot In fringe on Prerogatives of Any State, "Which He Says "Would Call for "Thunder." WASHINGTON, May 8. A committee from the board of bishops of the Meth odist Episcopal Church, whose general conference is now being held in Balti more, today called on Speaker Cannon and presented to" him resolutions that had been adopted by the conference and asked . that the Littlefleld interstate liquor shipment bill now pending before a committee of the House be reported with favorable recommendation; that the House pass the bill and send it to the Senate for favorable consideration an5 that action be had before the adjourn ment of the present session of Congress. Among them were Governor Hanley, of Indiana; Governor Hoch, of Kansas, and Judge Charles A. Pollock,, of Fargo, N. D. Speaker Cannon, after reading the resolution, alluded to the consideration that has been given to this question by the Senate committee on Judiciary and called attention to the report of Senator Knox declaring the Littlefleld and other bills to be unconstitutional, which he considered to be a very able document. He said that If Congress attempted to overreaqh and infringe upon the preroga tives of the state, the state would "soon thunder." The Speaker waa rather Inclined to think that better results could be ob tained it the conference pursued the lines of a bill drafted by Mr. Knox after re jecting the Littlefleld measure, which, he said, was pronounced by a committed of able lawyers in the Senate to be un constitutional. . YETEKAN" BISHOP ' RETIRES Tbobum Asks Methodist Conference to End His Labors. BALTIMORE, May 8. Giving advancing yearB as his reason. Dr. J. M. Thoburn, missionary bishop of Bombay, India, today asked the General Confer ence of the Methodist Episcopal Church to retire him from active service. His request was referred to he committee on episcopacy. A deep impression was cre ated among the delegates, who testified their regard ' for him by rising and ap plauding him. Bishop Goodsell presided today. A large, number of memorials were handed up from the various conferences. Mrs. Flor ence D. Richards, of the Central Ohio Conference, secured the unanimous adop tion of a resolution appealing to Congress to submit to the states an amendment to the Constitution prohibiting polygamy. The resoluton points out that two such propositions are before the United States senate. Missions in Asia. Bishop William F. Oldham, of Sing apore, read the report of the mis sionary bishops -of Southern Asia. The effect of the victory of Japan over Russia In their war, the report said, is registered in the thinking of every Asiatic. National and racial self consciousness everywhere has been quickened. In the Malay archipelago, the report continued, the increased power of Japan Is dimly felt to be a threat rather than an incitement, and reported experiences of Formosa and Corea lend stability to European rule. In the Philippines at first the Japan ese success produced some wild talk, but the American concession of a larg er degree of self-government than has yet been vouchsafed to a dominated people in the history of nations, to gether with the object lesson or how Asiatics may fare at the hands of other Asiatics, has made for a degree of con tentment with the American pro gramme that could scarcely have been looked for at the beginning' of the quadrennium. There was a larger stride towards democracy in the Far East during the quadrennium than any half century, possibly any century, In the past. Paget Enters Protest. Something of a sensation and not a little amusement was created when Dele gate B. Lee Paget, of Portland, arose and denounced as "obscene and obnoxious some literature that had been distributed among the delegates. The offending mat ter proved to be advertisements of cer tain whiskies, contained in a ' pamphlet Issued as a souvenir of the Jamestown Exposition and setting forth he resources of Maryland and industries of Baltimore. The books were stamped with the com pllments of a leading business man of WHAT THE PUBLIC SHOULD KiW The STANDARD TRUST CO. is now ready for business in its offices in the Chamber of Commerco ' building, Stark-street entranceNo.' 265-267. ' ' ' : . Transacts a General Trust Company Easiness Acts as trustee under ' mortgages, -trust deed's and in all fiduciary capacities and prepares papers therefor. Certification of bond issues by this corporation assures protection to the public and investors and increases the market value of bonds. It offers an absolutely safe investment in Gold Coupon Real Estate Certificates based on Portland Business Property, in units of $25.00, drawing 4 per cent interest annually, payable every six months and cashable under contract ; in addition, they participate in the profits. Principal and interest absolutely safe. It deals in gilt-edge bonds. THE BANKING DEPARTMENT will be ready for business in the near future just as soon as its -safes and literature are ready. OFFICERS Win. H. Garland, President. H. P. Davidson, Loans. I. W. Lane, First Vice-President. E. L. DeKeater, Cashier. A. J. Dillon, Second Vice-Pres't. C. M. Scherer, Trust Officer. John B. Moon, Secretary. A. E. Clark, Counselor. this city, who was formerly a Methodist minister. Bishop Goodsell, In the chair, cut off discussion by saying that the hour of adjournment had arrived. XOTABLE MODERN MISSJOXARY Bishop Thoburn's Long Career lu Asia Predicts Asiatic Invasion. Bishop James M. Thoburn, who ap plied to the general conference of the Methodist Episcopal Church, at Balti more, yesterday, to be retired from ac tive service, had had a most remark able career. He is nearly 72 years old and was elected to the bishopric In 1888, being assigned to India and South ern Asia, where he had previously la bored. He served continuously, being one of the most noted missionaries of modern times, until his 'health was shattered. Three years ago he was obliged to cease the hard toil and pri vations incident to his chosen duties in India and come home to rest. P. y the whole church and by the world at large as well. Bishop Tho burn Is held In high and loving esteem. Here in Portland, where he lived most of the past three years, while resting from his missionary labors, he was greatly beloved, as indeed is the case throughout Methodism, especially. Last September, during the annual session of the Oregon Conference In this city. Bishop Thoburn thrilled his hearers by declaring that he saw. In the coming to America of vast hordes of Hindoos, the will of God, and the subsequent working out of the great est missionary movement the world ever witnessed. Because of his long service in India and his great knowl edge of the situation, his words cre ated a profound impression through out the country. Although probably the best-known of all Methodist bishops, both at home and abroad. Bishop Thoburn has spent the greater part of his ministerial life In countries across the seas. In stature. It is said, he Is the smallest of the bishops. His wonderful vltalicy and grim determination, however, kept him up in the confllot, and he tolled on for many years, evsn after his physical needs required him to rest. That he will be retired there is no doubt. CHOICE OF CONSERVATIVES (Continued From First Pare.) ballots are taken, Bryan's supporters will melt away like snow, and soon leave him In a hopeless minority. A careful canvass of the situation has convinced them that the "sentiment" for Bryan is the reflection of despair and In difference rather Ulan of fanatical enthu siasm. Weak in- the South. Particularly Is this so In the Southern States, they say, where the. delegates have been suspicious of Bryan ever since he spoke in Madison Square Garden, after his trip around the world, and advocated Government ownership of railroads.' Of course, he took it back later,, but the damage had been done. Whether the strength of the anti-Bryan combination will be thrown to Harmon at the start Is a question as yet unde cided. Several leaders of conservative sentiment favor keeping the Ohio man in the background as far as possible. Their' Idea Is to split the votes of the anti-Bryan men up among a number of favorite sons, and throw the convention into a hopeless deadlock. Harmon Cast for Moses. Then when the men from the South are sick and disgusted and eager to go home, Harmon will be suggested as the one man who can unite all factions, and the dele gates will "turn to him as their political Moses. THE DAY'S DEATH RECORD Ludovlo Halevy, Dramatist. PARIS, May 8. The death is announced of Ludovlc Halevy, the well-known dra matio author and novelist. M. Halevy was a member of the French Academy and was born In this city, July 1, 1834. Jerome Flannery, Cricketer. NEW TORK, May 8. Jerome Flan nery, the leading- authority on cricket in the United States, is dead of con sumption. Uphold Interborough Ruling; NEW TORK, May 8. Attorney-General Jackson will not be permitted to bring suit against the Interborough Metropolitan Company to vacate its charter and annul Its corporate exist ence. The appellate division of the Supreme Court today sustained a rul ing to this effect, -which recently was made by a lower court. North-western People in New York NEW TORK, May 6. (Special.) The following from the Pacific Northwest registered at New Tork hotels today: From PortlandT-C. P. Maglnnls, at the Plaza; J. J. Delury, at the Albert. From Seattle Mrs. O. B. Anderson, at the Girard. Nearly 8 per cent of the students. In merman universities are roreigners. i SUED FOR DEFICIT Heinze and Clements Asked to Make Good Losses. AETNA BANK CASE AGAIN Receiver Wilson Sties for Value of Stock and Other Sums Accuses Them of Misconduct and Also Fraud in Management. NEW TORK. May 8. A suit to recover approximately tLSO.000 from F. Augustus Heinze and A. B. Clements was bee-un in the Supreme Court here today by Robert Lyons, receiver of the Aetna Banking & Trust Company, of Butte, Montana. Heinze formerly was president and Clem ents manager of the institution. .They are asked to account for $100,000 worth of stock, a credit of J37.T70 and for another amount of J43.0O0. It Is stated In the comDlaint. that in November. 1906, Heinze paid $100,000 to E. T. Wilson, acting receiver of the bank, for the benefit ..of Its creditors. This $100,000, according to the complaint, was distributed among the creditors, reduclnsr the bank's liability to that extent. The receiver now asks the Court .nat. If tu.s application of $100,000 was DroDer. Heinze and Clements be required to account for stock of the bank having a face value of $100,000. They also are asked to account for alleged loss and damages to the com pany which. It Is charged, were due to tneir negligence, unlawfud acts, miscon duct and fraud. DIGS FOR BURIED LOOT Mysterious Stranger Causes Much Excitement in Salem. SALEM, Or., May 8. Much excite ment was caused here today by the ar rival ot a mysterious man, who began excavating near the river in a spot where It has always been rumored a notorious outlaw burled $10,000 and much valuable Jewelry, following" a murder in California and flight to Sa lem. The outlaw was followed here by officers and the impression remains that the loot was hastily burled in this city. The man who arrived here to day paced off 100 steps from a certain tree and was apparently satisfied that he had found the right place and began to dig. He was driven away by the prop erty owner, who continued the exca vation. Hundreds visited the spot dur lng the day. Rutherford. Tenn. Following; a confession madejiy J. W Sharp, bookkeeper, that he waa short in his accounts. the Citizens Bank, with $40,000 deposits, closed Its doors Friday. The mere fact that Scott's Emulsion is universally recom mended for Consump- -tion is proof positive that it is the most ener gizing and strengthening preparation in the world. It warms and nourishes, it 'enriches the blood, stops loss of flesh and builds up. Get Scott's. ' A large sample will be sent free upon reoelrf of this ad Tertisement and roar address. 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