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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 30, 1908)
10 TIIE MORNING O REG ONI AN, TUESDAY, JUNE 30, 1908. Ml IBS FAILS TO STRENGTHEN CASE Man Counted On as Star Wit ness by Government Con tradicts Bridges. TELLS OF BIG OPERATIONS ot Positive When Pinned Down as to Facts as to Dealings With Rose burg Land Office Prog--ress of Booth Trial. Frederick A. Krlbs did not make a strong witness for the Government in the James Henry Booth bribery trial yesterday. Krlbs, the star witness for the prosecution, failed In his testimony to strengthen the contention of the Government that the $800 check he gave Booth was for the latter's serv ices in apprising Krlbs of Land Office secrets. Krlbs virtually admitted that the check was given to Booth as com pensation for obtaining for Kribs an option on certain timber claims as per the defendant's explanation of the transaction. On cross-examination, Krlbs admitted that Booth iad never informed him that any of the lands included In thelists introduced In evi dence by the Government had been held for cancellation. . Krlbs flatly contradicted the testi mony of ex-Register J. T. Bridges, one of the Government's principal wit nesses. Bridges testified that early in the year 1903. Kribs held a conversa tion with himself and Booth and made an arrangement by which the two Land Officials were to be paid J2o for each selection of which Kribs was to be advised in advance of its final can cellation. Kribs. on cross-examination by Mr. Malarkey. declared that he never had a conversation when Bridges and Booth both were present and that lie never offered to pay them $25 or any other sum for any information thev might furnish him. The witness did testify, however, that he had complained to Booth about losing several valuable land selections and was desirous of being kept posted on the subject. Krlbs said that he told Booth at that time if he would keep him posted Krlbs would "make it all right with him." Witness Is Forgetful., Krlbs was an unwilling witness. He was not a positive witness for the prosecution and he was even more re ticent when questioned by counsel for the defense. He Invariably prefaced his answer with "I think," or "I recol lect." He disclosed a wonderfully for getful memory and his replies, with but few exceptions, were evasive and undecided. Seldom did he give a posi tive answer to the most simple ques tion. On direct examination Krlbs said he was 48 years old and had resided in Ore gon since February. 1902. although his relations with the Roseburg Land Of fice began In 1900. when he first came to the state .for the purpose of acquiring timber lands. He said that in W03 he "fell down" on several state lists for the reason that the state authorities had failed to advise him that his selections had been held up for cancellation at Washington. The result was that others filed on the same land before he could make other selections. In order to square the transaction with other parties to whom he had sold and deeded the lands before the selections were finally ap oroved by the department at Washington, Krlbs said it was necessary for him to purchase lands from the persons who filed on the land under the timber and . tone act. so that title would be clear. It was after losing out on these lands that Kribs said he held a conversation lth Register Bridges and Receiver Booth ind suggested that he was desirous of making some arrangement by which he ;ould be kept posted as to the suspen ilon of any of his selections. This con rersatlon. testified Kribs, was held either In March or April, 1003. He said he held another conversation with Booth at i later date, testifying as follows: Kribs' Account of Conversation. Answer I remember my conversation with Mr. Booth that his lists were liable to fall down that I would not be In a po sition to know anything? about it. as 1 probably would not receive any notification, and I would like to be kept posted In the matter; und probably I talked with Mr. Bridges along the game line. Question Now. did you have a special conversation with Mr. Booth that you have a recollection of. on that subject. A.- 1 tplked with him once and said: I brought in that th-y were liable to be can celed, that I would not know anything about if. and I would like to have him keep me posted so that 1 couid at last protect myself. Some of these lajids had once been sold and I wanted the privilege of rixing the titles up in case they did fall down. Q State all that was said In that con versation and where it was In the first place. A. I think T was talking with him once about that same time in Rnsehurg. I think my first talk was out in front of the Land Office building that I was very anxious in the matter to keep me thoroughly posted, nd 1 would do the right thing by him. That ! all I recollect. Q. Did you specify anything by what you meant by the "right thing," or was that all there was of It? A. That is all there was of It. j fA'hat did "he say he would do, if anything? A. Well, my recollection Is that upon anything that would Interest me he would keep me posted. Testimony Regarding $800 Check. Mr. Krlbs then testified to visiting Roseburg on Octobpr 3, 1W3. when he rave the $00 check to the defendant, Booth. The testimony on this subject was as follows: Q Now you rnav tell whst to.-k place on !hat OTMiori. Mr. Kribs. Tell us all of it In your own way. Where did you have tbiis lalk with him when you save him this check? n the first place, where were you? A. I was in Roseburg, and one subject that was of great interest to me was .to ob tain an option on what was known as "The Military Road Grant." I believe they called it Oregon & California Wagon Head Com pany. Q. Well, who was interested In that? . a. That was owiiet, or controlled by the Booth-Kelly Company. 1 had been fignrit on that grant, I should say. for perhaps ?toae to a year, and 1 never got it. a iatls factory option. There were always so many conditions that Iidid not feel like working to very hard In trying to sell it. There al wayft seemed to be a kind of a string tied tn the nntlnn that thev could null it back most any time. I had good parties In view that I wanted to sen mis traci io. ii was vvr large tract, ro I called on J. H. Booth, whom I Anew a great deal better than R. A. Booth, in belo ine out on this proposition. He tele phoned down. He says, you can have 1 do not know I think It was three or four months, r something like that, it might bice been two months. I cannot recall any mre. And my recollection is that I was there on Oc tober n. and the next day I went home. down here. T gave him that $Soo check. I told hiin as I handed It out to him: "1 am ' very much obliged for anything that you may have done for me. or any favor you can do. and I thoroughly appreciate getting this op tion from you. That was the first time I have ever had it in good shape." And I handed him the check. And he made umfl remark, "It ought to he worth $1000 or luo." Something like that, and I said. "Let It go at that." That Is about all I recall. It 1 so long ago , Q. And this conversation, was this con versation subsequent to the one you had with him before when you taled with these lists that were "falling down?" A. Yes, the conversations, the conversa tion concerning the list that "fell down." perhaps took place in the Spring of llsKl. That was really the first conversation, then there probably was conversation about these land matters as well as this option in Octo ber, llsw. Kribs" Extensive Operations. Kribs was vigorously cross-examined by Mr. Malarkey. who succeeded in gain ing from the witness the admission that he had secured for various Minnesota speculators between 300.000 and 400.000 acres of valuable timber lands in this slate. Of that acreage, probably 200,000 acres, testified Kribs, were purchased for C. A. Smith, the Minneapolis millionaire, but he resented the intimation that his dealings In acquiring these lands had not been altogether above criticism. It was further admitted by Kribs that he secured from 2000 to 60,000 acres of Oregon timber lands for five other Min nesota speculators. When pressed for a specific answer.. Kribs agreed that the bulk of these large transactions had been made prior to the time he testified as a witness before the Federal grand jury by which the Booth indictment was re ported. Continuing his cross-examination of the witness, Mr. Malarkey forced the admis sion from Kribs, after offering several letters relating X9 the transaction, that Krlbs, In July. 1903, obtained an option from the Oregon Land & Livestock Com pany, of which R. A. Booth was manager, to a tract of timber land in Eastern Ore gon, from the sale of which he would have realized a commission of about $25, 000. Kribs admitted further that he might have agreed to pay James Henry Booth, the defendant, something for securing the option, but did not think he specified any amount. Kribs testified that he failed to find a purchaser for the tract and Mr. Malarkey then Introduced other correspondence be tween Kribs and R. A. Booth to show that the witness. In October, 1903, a few days after the $800 check was paid to James Henry Booth, obtained an option to another tract of 30,000 acres from the Booth-Kelly Company, and from the1 sale of which it was possible for him to make a commission of $20,000 under the terms of the option. At this juncture, court ad journed and the cross-examination of Kribs will be resumed this morning. Cross-Exaininatlon of Bridges. The cross-examination of ex-Register J. T. Bridges by the defense was not con cluded until shortly before the noon rece6s yesterday, and then Attorney Malarkey reserved the privilege of recalling the wit ness. Mr. Bridges was questioned par ticularly with reference to all entries In records at the Roseburg Land Office con-' cerning Indemnity school land selection lists and which had been offered as ex hibits by the Government, and testified that they were made either by himself or one of the clerks in the office. He also identified considerable correspondence that had passed between the Roseburg office and the department at Washington, relating to the same lists. These letters were signed by the witness, the defendant Booth not having signed any of them. Walter W. Thackarah. clerk at the Roseburg Land Office since 1S94, testified as to the frequency of the visits of Fred erick A. Kribs to the office in 1902 and 1303. He also testified that Bridges and Booth both lived about a quarter of a mile from the land office, which was lo cated opposite the postoffice in Roseburg. LEFT ON DESERT ISLAND California Pleasure-Seekers Find Provisions Cut Off.. SAN PEDRO. Cal., June 29. A heavy fog over the channel for the last week has caused the marooning of a party of six pleasure seekers from Los Angeles on San Nicholas Island for more than two weeks. The party chartered a launch to take them over to the island, which Is 80 miles oft shore, with the understanding that the launch was to call for them last Thursday. Wednesday night Captains Christiansen Swansen left San Pedro in the launch Nila with provisions and returned yes terday with an exciting account of having missed the island in the fog. Yesterday Captain Christiansen secured the launch California and late last night left for San Nicholas with provisions. Much anxiety is felt for the safety of the Los Angeles party, which is made up of inexperienced Summer campers, who were short of provisions and strangers to the island, which is a barren waste. PERSON ALMENTION. Mrs. H. J. Lichtenstein, of San Fran cisco, arrived in Portland yesterday and Is the guest of Mrs. H. Bertha Myers. 704 Everett street. At home Wednesday. CHICAGO, June 29. (Special.) North western people at Chicago hotels: From Portland B. E. Stewart, at Aud itorium Annex; E. Wr. Butler, at the Stratford. Chances or Woman's Recovery Good. Physicians in attendance tipon Mrs. Chester C Halloway, the young woman who was shot three times by iter hus band on Saturday night, said last night at St. Vincent's Hospital that there was hope of her recovery. The pa tient's condition has remained prac tically unchanged since the night she was wounded and as no Infection has developed the outlook is more In her favor than against her. Halloway himself Is still confined in the City Jail, with the charge of assault with a dangerous weapon against him. Barnes Seeks Another Trial. WALLA WALLA, Wash.. June 29. Motion for a new trial in the ."'Bud" Barnes case was made today, and will be argued tomorrow. Barnes was con victed of first degree murder Saturday night, the jury being out 45 minutes. Barnes will not be sentenced until af ter the argument over a new trial. Metzger fits glasses for $100. 1 T 6. -5. V J. J. Fitzgerald. Gin names COMPLETE STUFF Deputies Appointed by New District Attorney to Take Office July 6. FITZGERALD CHIEF DEPUTY Others Are Thad. W. Vreeland, J. H. Page, Frank D. Henncssy .and David X. Mosessohn Will Ask Legislature for More Help. District ' Attorney-elect Cameron yes terday announced the complete staff of deputies who will enter upon the work of the office with him next Monday morn ing. The deputies are J. J. Fitzgerald, Thad W. Vreeland. J. H. Page, Frank D. Hennessy and David N. Mosessohn. As previously announced, Mr. Fitzger ald will be chief deputy. He is at pres ent chief deputy in the office of City At torney Kavanaugh. He has a long record as a prosecutor, having served during the terms of both C. F. Lord and W. T. Hume as District Attorney. Mr. Vreeland will succeed H. M. Ester ley as prosecutor in the Juvenile Court work.- He will have charge, not only of the work among the children, but will also serve in other cases in the Circuit Court when necessary. He is one of the best-known lawyers in the city, and sev eral years ago was Justice of the Peace on the East Side. He has long been en gaged In the practice of law in Port land. J. H. Page, who will be assigned to prosecute state cases in the Municipal Court, Is a graduate of the law school 'of Stanford University, class of 1903. After his graduation, he came to Portland, served two years as instructor In the West Side High School, after which he engaged in the practice of law. Frank D. Hennessy will be attached to the office as a deputy. He is at present clerk of the Municipal Court, which posi tion he has held since Judge Cameron took office in 1905. He was at one time judge of the same court. David N. Mosessohn, who will be a special deputy, will do general assign ment work. He is a young lawyer who has practiced his profession for several years In this city. He is also associate editor of the Jewish Tribune. Owing to the Increased volume of the work of the District Attorney, Mr. Cam eron will ask the next Legislature to grant him two more deputies. He is' con fident that he will have no difficulty in obtaining the additional assistants. District Attorney-elect Cameron stated yesterday that he is satisfied with the present condition, of Sunday-closing, as applied to saloons, and declared he will continue this policy. He will enforce all the laws, he states, as that was the platform upon which he was elected. So far as he has been able to learn, he states, the saloon and moral element both are agreed that Sunday-closing of saloons is wise. "The only policy I will pursue," said Mr. Cameron, "Is the enforcement of the laws, fairly and impartially." District Attorney-elect Cameron will have no personal representative or private detective attached to his office. He states that he will depend upon Sheriff Stevens for such help as may be needed in this direction. He will, he states, work in harmony with Sheriff Stevens, and when ever any assistance is needed in the line of detective work, the Sheriff will be asked to provide the necessary help. Mayor Lane has not announced the name of Judge Cameron's successor, but he will probably do so within a few days, as it will be necessary for the appointee to assume the duties of office Monday morning. Judge Cameron said yesterday that he will gladly render to the new judge any assistance possible, until he becomes somewhat familiarized with the duties of the position. GET DAMAGES FOR TRUNK Loss of Jeweler's Tools Brings Ver dict for $390.45. Because a trunk containing jeweler's tools was destroyed in a railroad wreck in Dakota, R. L. Weils obtained judg ment against the Great Northern Railway Company for $390.43 In the Circuit Court yesterday. The case went to trial in Judge Bronaugh's department. The suit asked $469.70 damages. Wells came to Portland from Chicago and on his ar rival learned of the destruction of his trunk. As the railroad company refused to pay the damages he demanded, he brought the suit to recover. Circuit Court Decisions. Decisions will be announced by Presid ing Judge Gantenbein, in the Circuit Court this morning, in the following cases: Arthur Prier and others against J. D. Hamilton; demurrer to complaint. Arlington & Pacific Coast Railway Company against Columbia River & Ore gon Central Railroad Company; motion to stay proceedings. Charles E. Benboy against James Johns, a. boat; demurrer to answer. W. R. Bailey against J. A. Gorman; demurrer to complaint. State ex rel Susan B. Smith against Ella Talbot: motion to vacate order of injunction. Newest effects in Garden Ties, $3.50 and $4.00, at Rosenthal's, Seventh and Washington. DEPUTIES APPOINTED 1 I 1 j 1 ; 1 Thad W. Vreeland. Crest on the north and Rose City Park on the east. It is reached by the East Ankeny carline in 30 minutes and is just a little over three and a half miles from down town. It is recognized as the most desir able homesite property on the East Side. have one for investment, if for no other reason. We allow a discount for purchase now, another for all cash and another for half cash. Best of all, the uniform terms of payment are $10 cash and from $1 to $2 per week COUPON- THE JACOBS-STIXE COMPANY, 148 Fifth Street. Gentlemen: Will you kindly inform me how 1 ran secure a FREE LOT in HYDE PARK, should I decide to build a home. Name. Address. WILL ENTER PLEA George Blodgett to Plead - Guilty in Second Degree. SAYS HIS MIND IS BLANK Cannot TJemember Circumstances of Crime Law Provides Verdict of Second . Degree Guilt From Jury Court Notes. George. Blodgett will plead guilty at 2 o'clock this afternoon to murder in the second degree. He was to have entered his plea at 2 P. M. yesterday, but a postponement was had because the District Attorney's office was not represented. It was two years ago yesterday that Blodgett was to be hanged for" shooting and killing Alice Gordan. a variety actress. This was her stage name. She was orlgnally known as Alice Schoenfeldt, and after marriage of Mrs. Milligan. A stay of execution for Blodgett was had, and the Supreme Court ordered a new trial because Dstrlct Attorney Manning in his argument before the Jury compared Blodgett's case to that of Wade and Dalton, notorious mur derers who killed an old man named Savers. Wade killed two guards at the Insane Asylum, and afterward slew his companion, Ialton. He was hanged at Salem about six years ago. Says His Name Is Blank. "I have been in this cell for 22 months," said Blodgett, at the county jail yesterday. "A fellow don't mind it so much in the Winter tiriie, but It Is mighty hard these nice days. They set my case for trial twice, and the last time continued It without day. We had the witnesses out here from Mon tana twice. I didn't want to stay in this cell all Summer, so I thought I BY GEORGE J. CAMERON, DISTRICT ATTORNEY-ELECT fa- J. H. Page. Homesites in HYDE PARK can be bought now, before the tract is formally opened, at such low prices and upon such easy terms that every man and woman in Portland ought to The Jacobs-Stine Co. The Largest Subdivision Operators on the Pacific Coast 148 Fifth St. had better plead guilty to second de gree. I consulted with my lawyers, and Attorney Jeffrey thought I had better plead guilty to second degree, while Mr. Logan thought it would be better for the case to go to trial, as the jury would probably bring in a verdict of manslaughter. "I am afraid I wouldn't make a very good witness for myself now, for my memory is a blank. I don't know why I killed the girl. The District Attor ney said I told him I killed her because she wouldn't take a drink. I don't re member telling him anything of the kind. I don't even remember being taken to the police station." District Attorney Satisfied. District Attorney Manning said yes terday that he would be satisfied with the plea of guilty to second degree murder. "It would amount to that if the case went to trial," he said, "as the man was drunk for two days before the murder, and the law provides that in cases of this kind a second degree verdict must be returned. The plea of guilty will save the state the expense of another trial." Judge Gantenbein had not made up his mind last night whether or not to accept Blodgett's plea, but in view of the probability that a jury would bring in a verdict of second degree murder or manslaughter it is thought that the Court will accept the plea. The murder of Alice Gordan was committed in the Van Noy House, March 23. 1906. She was employed at the time as an actress in Fritz' Con cert Hall. Blodgett's wife, whom he deserted for the actress, has stood by him during his imprisonment. She is now living at Kallspell, Mont., where she is employed as a rural mall carrier. Blodgett says he has sent her J150 since his Incarceration, this amount being obtained from the sale of his shawls. Within the last two years Blodgett's father, one of his brothers and an uncle have died. The goods on the old home place were to have been sold at auction yesterday. Damage Suit Dismissed. Joseph G. Carson has dismissed the $25,000 damage suit against Leroy H. G. Hadley for alienating his wife's affec tions. This follows the granting of a divorce in the Circuit Court to Carson's wife, June 19. Kruse's Beach Hotel, now open. For reservations and rates apply to J. D. Kruse. lessee, Gearhart Park, Or. v Frank D. Hennessy. w? i if. . 4 ' V- Y HYDE PARK is the most delight fully located residence property in Portland. It lies at the highest point of the Peninsula, adjoining Belle We have two special propositions that will interest any man who has a notion that he would like to own a home of his own. One free lot for building concession we will make to anybody who will pur chase RIGHT NOW before opening day. Mail the coupon Name. Portland, Or. FIXING THE VALUE Commission Starts Work on Railroads in State. 0. R. & N. FEEDERS FIRST Physical Value of Three Jjines Al ready Dealt With Work to Be Basis of Rate-Making and Will Take Much Time and Labor. Work was begun by the Oregon Railroad Commission yesterday to fix the value of the physical properties of the railroads of this state. O. R. & N. feeders were the first lines taken up, and statements were produced by the railroad companies to show the cost of the various branch lines In Eastern Oregon. These figures will be veri fied later by the Commission. The Harriman officials also have been asked to submit statements of the actual cost of the different branches. The work of ascertaining the values ef the railroad properties will neces sarily consume a great deal of time, because of the size of the. task, but it will be taken up and dealt with at once as the Commission is free to handle it. Information on the subject of values of railway lines Is desired, as these figures, it is believed, will form a splendid basis upon which to settle questions of rates when complaints are brought before the Commission that freight charges by the railroads are too hig' on any particular line. Three feeder lines of the O. R. & N. were dealt with yesterday. These were the Columbia Southern, or the Shaniko branch; the Columbia River & Oregon Central, or the Condon branch, and the Umatilla Central, or the Pilot Rock branch. Values of the rights of way and station grounds were taken up, and James W. Morrow, tax and right-of-way agent for the O. R. & N., to gether with A. C. Spencer, of the legal David N. Mosessohn. ft v ;. 7 - Yjp4 and the other a COUPON" THE JACOBS!-STIXF COMPANY, 14S Fifth Street. Gentlemen: I would like to know all about your SPECIAL PROPOSITION, which you say you will make to buy ers before opening day. Address .... department of the road, appeared be fore the Commission and presented tabulated statements of the mileage of the branch lines, distances between sta tions, quantities of lands owned by the railroad and where located, together with their value. Methods of arriving at the totals were shown, Mr. Morrow testifying that he was thoroughly familiar with most of the land pur chased, having personally bought much of It for the various branch lines. The Shaniko banch, 69.46 miles long, was said to have rights of way and station grounds valued at a total of $147,869. The value of rights of way and station grounds on the Condon branch was placed at $97,3.1. This road Is 43.31 miles in length. The same properties held by the Filot Rock branch were said to be worth $22,551. The line Is 14.21 miles in length. Later on. as opportunity offers, the Commission will take up the valuation of other lines in the state. The full Commission was present at yesterday's beHrlng. LEAVE YOUR PIANO WITH US WHEN YOU GO TO THE BEACH AND HAVE IT GLEANED, TUNED, RE PAIRED AND MADE LIKE NEW. Sherman Jglay & Co. Opposite Postoffice Take a Victor Talking Machine to camp with you. It will help to make your Summer vacation ideal. PREPAKED INSTANTLY. Simply add boll in? water, cool and serve. 10c per package C 11 grocers. 7 flavors. Refuse all substitutes. '