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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 26, 1909)
THE 3IOItNIG OREGOXIAN. FRIDAY, FEBRUARY 26, 1909. STRA i OFT "And you gave the money away that belonged to them?" "I presume so." "So you were generous before you were Just?" "If you choose to put it that way. 1 There are higher obligations between man and man than merely pecuniary ones." The witness then turned to the court WHITTLES TELLS 01 COOPER DOWN REBATING FINES A T 001 and Bald: State Sets Many Traps Into Which Colonel Frequently Falls Through Anger. POLITICAL CAREER PROBED Governor Patterson and Colonel Tully Brown to lie Called by Prosecution Judge Roles Oat Much Testimony. (Continued From First page.) 'mine, and I use It whenever 1 want to." "Didn't counsel tell you to look this expression up In the stenographer's re port of the debate?" "No, sir; I told counsel to have It Jooked up for me." Fitzhugh was on his feet, firing ques tions rapidly, and Judge Anderson said: "I wish counsel would keep his seat end avoid these exciting demonstrations." "Let him alone," said Colonel Cooper. "Let him alone. He can't frighten me. 1 can parry his attacks." "Now. didn't you say they happened every day?" "I said so practically." "Von are Just testifying practically, are you?" "Let It fro at that and pass on," re torted the witness. "You say you are anxious to pass over this feature of your examination, are you?" "No, air; I can stand It a week If you can." "What was the first attack?1 "Carmaek called me a bolter." "Didn't you bolt the ticket and vote for General Fussell against Governor Bates for Governor?" "I never voted for a Republican In my ; l'.fe. I did vote for Fussell and against Bates." "What else did you object to?" "The statement that I dominated the Governor, a man who was a bigger man than I am and who was my friend. It was aimed to hurt and slur him." "It was a compliment to you, was It not?" ' "N'o, sir. It was not. It was meant as a slur. I was a private citizen and had no mouthpiece, no office and no way to j'rotect myself." "Did you take exception to any edi torials of the same nature except those written by Senator Carmaek?" "I objected to every mean editorial." ' "You resented other editorials In other papers, but you took no action?" "Resented It Mentally." "Well, I felt the personal allusion and resented It mentally." "But you wrote threatening notes?" "I did not send any note in th Car tnack case for months after the stump attacks and editorial attacks had been tjo'.rig on." "Were you a subscriber to the Ten besseean?" "I was not, thank God." fervently. "You bought It to read?" "I did not. I read It at the club." "You objected to the editorial saying the Democratic committee was trading Bryan for Patterson?" "I did." "Why?" "Because It was untrue." "But It appeared first In the American, Sldn't Iir "I don't care If it appeared In the Holy Bible, it was a lie." Colonel Cooper denied that he had brousht Cox and Fatterson together, but said he would have been willing to have done so. He would not consider It a dis grace to have done so, but resented It be cause It was untrue. "If you got a message from a man who said that the town was too small for both of you. what would you un derstand?" "If I had received the message I sent Carmaek. 1 would consider that either I had to stop the attacks or prepare myself to meet him." "Is It not a fact that In your pres ence at the police station on the night of November 19. In the presence of sev eral others. Messrs. Bradford. Ewlng and McConnlco, a statement for the use of the press was prepared?" "I did not. These gentlemen prepared a statement and wanted me to read It. I refused." Cooper Injures Case. The defense fought Inch by Inch ques . tlons which tended to show, on Colonel Cooper's own testimony, that a state ment purporting to give all the facts lead ing up to the slaying was prepared by outsiders without assistance from Colonel Cooper himself, and therefore this Is evi dence of a conspiracy. First, they ob jected on the ground that the statement. If any was made, was to counsel and therefore privileged. But Colonel Coop er's admissions destroy this contention. "Colonel Cooper, what had been your means of livelihood since you resigned es Clerk and Master of Chancery?" "I enjoy an Income from a 900-acre farm. I was agent for a New York syn- dlcata in Honduras." "You were connected with a bank that kroke there, were you not?" "No, sir. I closed up a bank there for the syndicate." "What else?" "I was agent for the L. & N." "What doing?" "IxHikins after taxes." "And after legislation?" Denies Charge of Lobbying. 'Never but once, and then all In the open. I resigned to go to Honduras." "This employment was when the Legis lature was trying to raise the taxes on the Louisville & Nashville?" "I don't know." "Did you resign voluntarily?'- "I did." "Did you not give E. B. Craig an order for four monthB salary on the Louisville & NRshvllle In advance and did you not resign In one month?" "Yes; but when I gave him the order I had no intention of resigning, and I would have borrowed It for Craig without the order." "Did you pay Craig out of the Hon duras salary?" 'No,' sir." "How much did you get there?" "I got J500 a month." "Did you pay any debts?" "I don't know. I have always been a business failure from lack of business capacity." "What do you do with your Income from the farm?" Gave Soldier Money. "Use It to live on. Only a few months aeo I drew $1050 from this farm and heard that an old Kentucky soldier was In dire need. I took the entire $1050 and gave it to him. They have pictured my dark deeds, let's have some of the light ones. I never before told this to anyone, even my daughter." "You owed many debta then?" "I aid, j "Judge, I am very tired. Can you not adjourn court until this afternoon? am an old man and am very tired. How ever. If you insist, 1 can go on. ' "No. sir," said the court. "We will be glad to give you an opportunity to rest. The court stands adjourned. Refuses to Justify Murder. When the trial was resumed Colonel Cooper was asked: "Can you name any editorial that was written by Carmaek which charged you with being a grafter? "Yes, sir. The Memphis News-Scimitar editorial of March 15. 1908." "Do you think anything In any edi torial Justified murder?" Colonel Cooper was asked. "Nothing ever written justifies taking human life. The state then took up the Colonel's story 'at the time he left his home the morning of the tragedy and questioned him as to every move he made upon, that day. The witness oenled ever having called Carmaek the vile names Miss Lee swore she heard Colonel Cooper apply to the editor. The witness, cool at first, became more excited and several times his voice broke as he angrily denied the charges made by witnesses for the state. He mopped his forehead with his handkerchief and tugged at his sparse gray mustache, moving restlessly in -his chair. "Did you gamble. Colonel? "Very often, Mr. Fltzhugh, Just as you do." "And for large sums? "Well, that depends upon what one means by large sums. I have lost more than I ever won." The state next went back to the scene of the killing. "You determined to avoid Mr. Car mack, but all of a sudden you changed your mind and started over to see the Senator ?" "Exactly a sudden impulse." "Did you prepare yourself for trouble "I did. but I did not think there would be any trouble unless I committed some overt act, and I did nothing to justify Senator Carmaek in drawing on me. Tells of Shots Again. "Did you tell him to get from behind the woman?" "No, sir. I said: 'It's damned coward ly to g&t behind a woman with a revol ver In your hand. "What prevented his firing at any time?" "God knows, I don't. There was noth ing to .prevent me from firing too." "What next?1' "Rjbin jumped In front of Senator Carmack's pistol, and then the 6hots came." "So you came at the Senator from the front and Robin from behind?" "No, slr;fcwe both came up on him from the front. Robin swung around and began shooting." "Why didn't you wait on the cor ner?" "Because it might have been preg nant with meaning and would have ad mitted of the construction of lying In wait, So I decided to walk naturally." The State's Attorney began to ques tion the witness as to the location of the principals and their distance from one another. "No one on God's earth, laboring un der the excitement of that moment, can tell accurately In feet or Inches where any one stood," was the reply. "I can only give my best Impression." "When you saw that pistol aimed at your son, you did not fire?" "I could not. My son was between me and the Senator." "Why did you draw your gun?" "To kill Carmaek if he killed my son." "You were there, to protect your son, and your son there to protect your' "I was not there to protect my son and I did not anticipate any trouble. And I need no protection. I have never pleaded my age or Infirmities." "You are able to take care of yourself?" "Not able, but not willing to plead In firmity." . The state's counsel rested a moment and then announced: "That Is all, your honor." Court adjourned until tomorrow. 5'cdidcdq nm mw.t nut ni liiu uiu uLimuL KENTUCKY GOVERNOR SAYS PRESS AIDED PCBLIC. Pardons LoulsTllIe Herald In Libel Snlt, and Scores County Official. FRANKFORT, Ky.. Feb. 25.-A strong defense of the freedom of the press In criticism of public officials was written by Governor Augustus Willson today In granting a pardon to the Herald Pub lishing Company, of Louisville, publish ers of the Louisville Herald, for an In dictment In the Calloway and Trigg cir cuit courts, charging tho paper with having criminially libeled Judre Thomas P. Cook and commonwealth's attorney Dcnney P. Smith. The two officials pre side In the district in which the greater part of the Night Rider troubles In West ern Kentucky occurred. Governor Willson wrote: "If the courts don't put an end to the rule of crime In the counties In which the Judges and the commonweatlh's at torney are elected to uphold law and order the only hope of permanent relief from such conditions is an enlightened rubllc sentiment aroused by the prese of the country, and Instead of punishing the newspaper which makes a fight against su.-h conditions. It should be regarded as fulfilling a duty." LAND NOT F0R ORIENTALS (Ontlnuea From First Page.) on foreign affairs in advocacy of exclud ing the Chinese from the Philippines. Harrison Against Japs. Harrison of New Tork. speaking In favor of Oriental exclusion, said he would vote for Japanese exclusion if 4ie were continued as a member of the for eign affairs committee. Hepburn of Iowa declared the servant problem In this country would be solved by the admission of Orientals, -alleging that 600,000 Orientals 'for domestic serv ice would not displace the American servant. Wearers Call Off Boycott. TOKIO. Feb. 25. The Ashlkaga, an or ganization of weavers, have retracted the resolution which they adopted several weeks ago, not to participate In the Alaska-Yukon-Paelftc Exposition, to be held at Seattle this Summer. The retrac tion states: "We desire to retract the resolution not to participate In the Seattle fair on recognizing that we have been mis led. We desire to reciprocate the sym pathy and good will exhibited by the pople of America and particularly of Seattle." Judge Anderson Reduces Pos sible Maximum for Stand ard to $720,000. BLOW TO PROSECUTION Each Settlement of Freight Held to Be Basis of Separate Offense, Reducing Number of Fines From 146 to Only 36. CHICAGO, Feb. 25. A reduction from Judge Landis" fine of $29,240,000 to a pos sible maximum fine of JTl'O.OOO is admitted to be the meaning of a ruling made today by Judge Anderson in the retrial of the Standard OU Company of Indiana, for re bating. The ruling was Informal, but It almost certainly will stand. The Court of Appeals In ruling out Judge Landis' great fine eliminated the view that each carload of oil on which a re bate was accepted constituted a sepa rate offense. There were 1462 of these carloads, the freight charges for which wore paid In S6 different settlements. ' Judge Anderson Interpreted the decision, which, he said, served as his guide, to Imply that the rebates accepted after each of the 36 settlements constituted the units of offenee. Judge Anderson's ruling was a severe blow to District Attorney Sims. He and his assistant, James H. Wilkerson, had argued .that each of the 500 shipments, making possible a maximum of $10,000,000, constituted an offense. This view Judge Anderson declared he -could not under stand. He saw no reason why, If a train load or a carlot were regarded as a sep arate offense, the matter might not be further divided, making a hundredweight a uni, or a gallon, greatly Increasing the number "of offenses and magnifying the punishment. Mr. Wilkerson argued that the fine pos sible under the court's ruling would eerve merely as a license to a great corpora tion. On this Judge Anderson said In effect: "That is a consideration which nas no weight with me whatever. I am not con cerned with the effectiveness of the stat utes, but with their interpretation and ap plication. If the view that 1 nave taicen hp-j thn effect vou stated, that is a mat ter for the lawmakers to consider. If the laws are Inadequate, fret them to sup ply a remedy." , CLEARS RAILROAD TANGLE Supremo Court Decides Federal Courts Alone Have Jurisdiction. WASHINGTON. Feb. 25. The Su preme Court of the United States has decided a delicate point Velatlve to the Jurisdiction if the Federal and state courts In cases In which citizens of a state are Joined In suits with corpora tions which are citizens only of the United States. The case was that of Mrs. Mary Dunn, of Texas, whose hus band was killed on the Texas & Pacific Railroad. She brought suit against the company and two of Its employes for damages, the railroad company owing Its exist ence as a corporation to Congress and the employes being citizens of Texas. The case, originally instituted in a state court of Texas, was afterward re moved to a Federal Court. Mrs. Dunn then filed an original pe tition in the Supreme Court of the United States for a writ of mandamus compelling the restoration of the case to the state court, on the ground that only that court had jurisdiction be cause of the citizenship of the em ployed defendants. The court, how ever, held against this contention, hold ing that as the employes had been Joined with the railroad company the Federal Courc had Jurisdiction over tfiem as well as over the corporation. Justice Peckham, who handed down the opinion, said that the rights of the Texas Pacific Company could not be taken away even though it was made an associate defendant with the cltl- ens of Texas. BAD ROADS DELAY MAILS Today and tomorrow will positively be the Inst days for discount on East Side Goa-JBills. Bead "Go Tips.1 " Inspector Finds Coos Bay Carrier Not to Blame for Poor Service. MARSHFIELD, Or., Feb. 25. (Special.) The people of Coos Bay have been working hard for a better mail service. Complaints have been sent to the de partment and Walter Lyon, who is at the National Capital in the interests of the locality, has presented the petition of the people. The department sent Inspector Moss to look over the route from Rose burg to Coos Bay extending over the mountains. By horseback, and walking he made the 60-mile trip and states that he will rec ommend to the department that the con tractor Is not at fault and that the peo ple do not deserve better service until they build better roads. Complaints have been made against the Btage firm holding the contract for carrying the mail, but according to the inspector the fault is with the road. The service this Winter has been worse than in previous years, because of the increase in the bulk of the mail and be cause of the almost Impassable condition of the road. It Is only possible to get the mall over on park horses and some steps will be taken to improve the. road as soon as the weather will permit. 1' Why are you working? Is it to satisfy a vanity for. more clothes: an Easter hat or a case of stern necessity? Do yot cajole yourself into the belief that some day you will be married and your working days will be over? If the latter your views are distorted. Assume for a moment, that you will not be married. Then, your castle fails, doesn't it? What, then? Work and ever work. Your sex has taught a strong and en during lesson in the past few years; that a woman must brmg as much to the family as the man. You look to him to provide the food, the cloth ing and the roof. Whatever you may add to the store that you expect him to find, will make the burden for him easier. Hence, the advisability . hi . . your mvestment, on a small scale, augmenting his effort and smoothing the path a little. The price of a piece of property is a second consideration. 1 he main thing is to buy it. If - you do not know, you should, that any piece of property in the city of Port land, whatever the price, let it be within reason, is a good investment. Out of 250,000 people in this city, thousands have invested in a lot, somewhere. Can you name one that has lost money by the transaction? Not one. If you buy a lot in Gregory ll. e inn IZ. nn in ci and 2.50 rer month, it will not ' make you rich but it will earn more money for you than a savings ac count. You can cash it in when the time is ripe. You will always have a little store laid away for emergency. The working girl has as many investment privileges in Portland as the working man. Get after one. Located High and Dry at the End of Rose City Park Car Line. Take Car Bearing These Signs at Third and Yamhill IWiil gg BiaiatBM IPs ' j BACK TO VICTIMS Williams, Absconder, on Way Home to Portland. WAS RESPECTED AT BISBEE Man AVho Robbed Iieatherworkers Betrayed by Man He Discharged and Imprisoned While Try ing to Cross Boundary. LOS ANGELES, CaU Feb. 25. Spe cial.) Overtaken by the justice which he had dodged for five years, D. S. Will iams, of Bisbee. Ariz., was taken through Los Angeles last night on his way to Portland, Or., to answer a charge of em inian,i Sheriff R. L. Stevens, of Multnomah County, Or.. Is In charge of Williams, who is accuseu m cmurMmn $2000 from the Leatherworkers' Union, Portland. The arrest of Williams created a sensa tion in Bisbee. He had enjoyed an en ..t..KiA hn.lnsca -ronii-f n.tinn in that town. and had been active in political and lodge circles. At the time of his arrest he was manager of the largest vehicle factory In the termory. wmia-ma released on $1500 bonds, signed by Bisbee friends. Dr. C. I Edmundson and John L. Smith. The night he made an inef fectual attempt to get across the border his bondsmen gave him up. It is believed that the suspected man was Indirectly betrayed to the Portland officers by his brother-in-law, Charles Kelley. Kelley Is said to have told the story to an employe whom Williams later discharged. It is said that the lat ter entered into communication with the leatherworkers last October. ACHESOM ACCEPTS CALL Port Huron Preacher Coming to Third U. P. Church, Portland. CHICAGO. Feb. 25. Rev. John Acheson. a United Presbyterian preacher at Port Huron, Mich., has resigned to accept a Portland call. Rev. John Acheson, who ffas been se lected es pastor of the recently organized Third United Presbyterian Church, this city, Is a native of Oregon, the son of Mr. and Mrs. Acheson, pioneer residents of Albany. He was educated at the United Presbyterian College "at Mon mouth, HI., and later entered Yale. Upan graduating from that Institution he took a course In the Allegheny Theological Senilnary. Since his graduation he has been pastor of his present congregation In Port Huron, irich. He Is 30 years of age and unmarried. The Third United Presbyterian Church was organized about four months ago. The congregation expects to erect a church at East Thirty-fifth and Haw thorne avenue within a year. Today and tomorrow will positively be the last days for discount on East S(da Goa J3UK. fieaa "Gas-ipo ' HAS WIRELESS TORPEDO Ixis Angeles Man Said to Have Valu able Invention Nearly Complete. L.OS ANGELES. Cal.. Feb. 25. Pro pelling and controlling submerged tor pedoes by wireless telegraph, hurling in struments of destruction against hostile battleships without the sacrifice of men on the part of the naval power equipped with the new terror all this is said to be made possible by the invention of a resident of Los Angeles, Carl Abraham son. Abrahamson Is now engaged In his laboratory at San Diego, perfecting the minute details of the wireless terror for the use of the United States Navy Department. Nearly a month ago. Abrahamson, in the presence of two attorneys, two naval officers and two naval experts from the department at Washington, conducted experiments with his invention, which are said to have cleared up every doubt as to its ability to do what the inventor claims for it. River, from Cairo to Helena. Ark., and for the lower Tennessee and lower Cum berland Rivers. Fifty-five feet of water Is expected at Cincinnati on Friday. A flood stage of 42 feet Is Indicated at Helena by the mid dle of next week, and 48 feet at Memphis In about ten days. FOUR FEET DEEP IX SCHOOLS Water at Frankfort Invades Homes and Public Buildings. FRANKFORT. Ky., Feb. 25. Four feet of water standing in the city schools and the entire lower part bf the city flooded gives an Idea of the damage which has been done here by the largest and most disastrous flood known In the Kentucky Rlyer In a decade. Hundreds of families have been rendered homeless and barns and bridges swept away above and below this city by floods pouring Into the river from every tributary. Mississippi Rising, Too. MEMPHIS, Tenn., Feb. 25. With the rise In the Mississippi becoming more rapid with each hour, a flood stage of 33 feet is anticipated at this point by Sunday next. While the lowlands on the western bank of the river would be in undated should the anticipated stage be reached, a serious overflow is not prob able. , JUST AS SAD AS SECESSION LAATi'ER SCORES OKLAHOMA IiAAV AGAINST GAS EXPORTS Three Towns Flooded. LEXINGTON, Ky.. Feb. 25. Reports from the Licking River In the Eastern Kentucky Mountain district today are that three towns have been Invaded by water so far. Salt Lick, Farming and Wyoming, while Shelburne and West Liberty are in danger. TIFT HEARS CHINESE PLAN REGENT SENDS PERSOXATi LET TER ON POLICIES. FLOOD WARr.'INGS ISSUED Government Expects High Water Throughout Mississippi Basin. WASHINGTON, Feb. 25. Flood warn ings were issued by the Weather Bureau tonight for the Ohio River, from Park iabur to jCairo; for 3m Mississippi Declares Japanese Must Give T7p AH Conquest In Manchuria if Peace Is to Be Permanent. PEKIN, Feb. 25. The regency of the empire has caused to be sent to President-elect Taft a communication In the form of a private letter In which the attitude of the regent and his advisers on most vital questions now before the empire are set forth at considerable length. This .communication is the first direct expression of the regent's views on the various subjects touched on, and It comes at a time when it is known that the regent Is personally anxious regarding the Interpretation by foreign powers of the recent dismissal from office of Grand Councillor Yuan Shi Kai. and the Ameri can and British official action follow ing this step. The official of the regency who oom posed the letter to Taft lays emphasis upon the fact that the recent ministerial change was entirely a family and per sonal matter, and that it does not signi fy any change In the internal or ex ternal policies of the empire. Concerning Manchuria, the regency re cites that the United States is fully cog nizant of the recent proposals looking to a Japanese-American agreement to help China in the government of this country, and trusts in their aid. The re gent says that lasting peace is dependent upon the return of the Japanese to their islands. Oood relations between China and Ja pan are of paramount importance. The regency sees obstacles in the way of Ja pan quitting Corea, but It entertains the conviction that ultimately Japan will lve up her foothold In both, China, aodjCorea. Might as Well Secede as Prohibit Piping Gas Beyond Bound aries, Says Hatch. MUSKOGEE, Okla., Feb. 25. In the clos ing arguments in the Federal Court here today in the case of the Kansas Natural Gas Company and Ohio and Delaware firms seeking permanently to enjoin the state from interfering with their piping gas out of the state, ex-Judge Edward W. Hatch, for the plaintiffs, delivered a scathing arraignment of the Legislature that passed the prohibitory law In ques tion. "This," declared Judge Hatch, "rele gates us to the days of the passage of the secession enactment. I can think of no difference between one state taking herself out of the Union and her taking her property out of the Union. If Okla homa can do this with her gras other states can do the same with their wheat, corn and cotton." Attorney-General West, for the state, also became eonsatlonal in his arguments. He charged that the Standard Oil Com pany had appropriated several millions of dollars to prosecute the gas cases, and was the real party Interested. Judsre Campbell today granted the state 30 days in "which to file briefs and the gras company 15 days to reply. DISAGREE OVER NEW LINE California Solons Lock Horns on Panama Steamship Scheme. SACRAArENTO, CaL. Feb. 25. The State Senate today refused to recon- sider the vote by which It declined yes terday to concur in the Assembly amendments to the joint resolution by Senator J. B. Sanford. asking Congress to establish a line of steamers between Pacific Coast points and Panama, to compete with the transcontinental rail roads. " ' The Assembly amendments would have eliminated entirely the Federal steamship feature of the resolution, and, according to Senator Sanford, have destroyed its purpose. The Senate will notify the Assembly of Its refusal to concur, and a confer ence committee will be appointed to settle tho matter If the lower House declines to recede from Its position. TORNADO KILLS EUT FOUR Arkansas Storm Injures 25 and Does Much Property Damage. LITTLE ROCK, Ark., Feb. 25. With practically every section in Eastern Arkansas swept by the tornado of Tues day having reported, the number of dead Is placed at four, the seriously injured at 25, and those less seriously hurt at two score or more. Three of the fatalities occurred at Fisher, which was practically obliterated, and the other at Carlisle. The dead: JASPAR PASS. WILLIAM FREE. ' MRS. EFFIE STONE, all of Fisher. LESLIE CUNNELL9, of Carlisle. The property loss will be large. Sub scription lists have been started at sev eral points for the relief of the victims. 1 Negro Kills Wife. I.OS ANGELES. Cal., Feb. 25. Henry Render, a negro, shot and killed his wife at their home here today In the presence of their two small chil dren, and then attempted to commit suicide by cutting his throat and stab bing. himself with a pocket knife. His efforts to slay himself were frustrated by the police. Render was taken to the receiving hospital. Old Coughs Keep in close touch with your family doctor. No medicine was ever made that could take his place. Trust him at all times. Avers Cherry Pectoral REVISED FORMULA Old coughs, desperate coughs, rasping coughs, extremely perilous coughs, coughs that shake the whole body. It takes a strong medicine, a doctor's medicine, to master such coughs. A great many people rely on Ayer's Cherry Pectoral. We have no secrets! We publish the formulas of alt our medicines. J. C. AYER CO., Manufacturing Chemitu, Lowell, Mass