OOP EVENING.
IP You Don't Read The Sunday Journal
You Don't Get All That a Coining
to You. If a the Moat Interesting
Newspaper Printed in Portland. -
Kjr
Tonight and Tuesday, fair, Mlt
erly wind.
PORTLAND. OREGON, MONDAY EVENING. DECEMBER S. 1904 FOURTEEN PAGES.
PRICE FIVE CENTS.
VOL. III. NO. 28i.
Iff BODY
TO INQUIRE
Mayor Appoints Commit
tee to Look Into Tan
ner Creek Sewer.
COUNCILMEN REGARD
ACT AS OFFENSIVE
Member of Grand Jury One of
Those Who Will Probe
Reports of Poor
Work.
Mayor George H. William has an
nounced hla committee which will Inves
tigate the Tanner creek sewer. It is
composed of the following: Ca.pt W. W.
Goodrich, civil engineer; Gabriel Win
gate, civil engineer; N. A. King, presi
dent of the King estate, and R B. Lam
son, attorney, both of whom are large
property cWners in tha affected sewer
district.
This committee will be accompanied
in Us investigation by John M. A. Laue,
a member of the grand Jury; Rodney
Gllasn, a member of the olty executive
board; City Engineer Elliott and a rep
resentative of the Oregon Savings bank,
which organisation went on the bonds
of the contractors.
Preparations are being made to enter
the sewer early tomorrow morning- City
Engineer Elliott la collecting tools, rub
ber boots and other, paraphernalia
needed in the Investigation. The engi
neers are studying tha plant and speci
fications today. In order to familiarise
themselves with tha work which should
have been done on tha drain.
Mayor Williams has Instructed the
committee to mace a xnorougn hivwu
a-atton of the construction Of the conduit
- and report all defects which are found.
Both engineers are said to be thor
oughly reliable men. Captain Goodrich
Is a member of the firm of Goodrich a
Goodrich, architects and civil engineer
of Baltimore, with a branch office in the
Fenton building In this city. He has
been In Portland since last July.
Gabriel Wlngate, whose business is in
the Sherlock building, is well known as
a civil engineer in Portland.
The two property owners who have
been selected as members of the com
mittee are aald to be among the largest
real estate holders In the district in
which the sewer Is situated.
The grand Jury Is very much Inter
ested -In this Investigation and John M.
A. Laue has been detailed to accompany
the Investigating committee, in order
that he may personally observe the work
of the experts.
The grand Jury has been Investigat
ing the scandal since last Friday. They
have called various witnesses to tell
them of the conditions of the sewer. To
day Cement SUewalk Inspector W. I,
l.mis was before them and was ques
tioned concerning the inspecting of aide
walks and other work done In the city.
He told of the methods employed In the
city engineer's office.
jury W1H Await Seport.
Since the grand Jury will participate
in the Investigation df tha sewer to be
made this week It is understood that no
report will be made on the scandal until
the work of the experts Is completed.
Members of the former committee
which handed In a report telling of glar
ing defects In the work say that they did
not tell of all the defective work, and It
will be an easy matter for any expert to
find defects which they did not speak of.
It la rumored that the council Intends
taking some action regaining the sewer
scandal at Its meeting on Wednesday.
Mayor Williams' stand In refusing to
follow Its recommendation to bring Im
peachment charges against City Engi
neer Elliott haa aroused oonalderafile
feeling against, him. The appointing of
another Investigating committee Is taken
as a direct challenge of the integrity of
the members of the counoll in accepting
the report of the former committee of
investigation.
k et aiirs osTirawawa
(Journal Special Serrtee.)
Washington, Deo. 5. From a high au
thority comes the statement that Cortel
you is to retain the chairmanship of the
Republican national committee, regard
less of his assumption of the postofflce
portfolio In the cabinet. Wynne, the re
tiring postmaster-general. Is to be given
a consulship at some Important post.
DECEMBER
DIE BY
iJ.mmat Sptclal kVrTlro.)
Dec. 6. Annie Clark,
10 years Old. died yesterday as a result
..of poison which she swallowed In pur
suance of an agreement with Dr. J. H.
Tucker, a prominent physician M years
of age. to commit suicide. She ewal
1 oared the fatal dose at 8 o'clock Satur
day night Not until 1 o'clock yester
day did Dr. Tucger. naving wn m-
u.t ,,. enuld not recover, send
la bullet through his own brain, dying
Instantly. W nreo me mm ...
presenea of his former wife and her
brother, who had been momentarily ex
pecting him to take hla life for several
hours. .
Barly In tha day he Informed the
woman and hla brother-in-law that he
would take his own life unless the
MESSAGE
LAID ASIDE
Opening of Second Session
of Fifty-Eighth Congress
Devoted to Mourning.
DESKS OF HOAR AND .
QUAY DRAPED IN BLACK
Fairbanks a Conspicuous Figure
in
tha Senate Regular
Business Will Be
gin Tomorrow.
Uourn.l Special Service.)
w..hln-tnn IV C Dec 6 Congress
convened promptly at noon today. This
IS the last session of the tSth congress.
Senator and Speaker Protem Frye called
the senate to order, and Speaker Cannon
.,-,,,-,r.H u almlUr dlltv In the hOUSS.
The lobbies and galleries were crowded.
The private galleries wero iuiwa wuu
fashionable women and men and friends
of the president, diplomatic corps -and
members of congress. Floral pieces
covered the desks of the members and
overflowed into the lobbies.
As usual the main interest was cen
tered about tha abort proceedings in the
Hnni,.r vaa rhanks. vice-
president elect, waa easily tha most con
spicuous figure. me galleries cnumi
their necks to see him.
a.-.tn. 1wir.11 ,if Missouri also
came In for much attention. The desks
of the late Senators Hoar and Quay were
draned In black. Senator Burton of
Kan Baa was not present.
In the house wnere jso memucii w
enpy the available floor space there was
perhapa less dignity ana mum uu
and laughter than among me v
veterans of the senate.
besieged
by a teas procession of members seek
ing- to gat ineir irons) in
The olerTS tHkaat su Ml saV saWk win
for Introduction.
The senate adjourned at ii:v p. m.
and the house at 12:52 as a tribute of
rasneot to the memory of Senator Hoar
and Senator Quay.
General estimates or me apprupna.
tlons for tha flacal year 190 were sub
... ...,..,.,. inriiv hv the treasury
millVU W WMfrwr. -r - x -
department. The grand total -
1,69.262.21, as comparea wua
. , m ...n.,.t em- tha vear 1806.
and I6H.S48.9I7.08 actually appropriated
for that year.
rrrk. . -..... . marina, mm m laSlOn Will
1 IIO IU.I
a. I. r,r,KminurV FSnOTt tO COfl "
uuinit, V ' .. -
gross Tuesday, including three volumes
of testimony taaen auring me
....,-. urid several recommendations
for Immediate legislation. The commit
tee will propose a joint '""""'-"
thortslng it to continue its sittings until
January 5. when a complete report will
be made. , . . .....
A member or tha commission .
., i ...,., of legislation agreed
upon by a majority of tha commission
includes me aoouuon ui
in order that commercial
steamship lines may do business between
the United States and Manila, an exten
sion of the coastwise laws in to- -
sons, the amplification of the ocean mall
. . ... . .v.. Iru-rrUU Of tSX Otl IOT-
suosiuy v. in i. - - m
elgn vessels from and cents to 8 and
If. cents, mus lncremaiiia
from 1800,000 to 18.000.000.
It ts proposed to use this fund for sub
sidies, of which the Pacific coast com
panies would gat 81.800.000.
(Journal Special Service.)
.r v tw K Not wlthstand-
0VHUU, . .
lng the threat made by President Emery
. i ka exlp that n o
of the Uermarr-Aroeno-M -would
prosecute the ones responsible-
for the run, the fears of depositors In
... ! rvhirrh h, la con-
tne institution- w.. " - ---
nected have not been allayed. Following
the resumption oi m- iuu
. i L. u.tuf-rlav tha flir-
man-Amf-ni nil uau. -
man bank, of which Emery ts also presi
dent, clotted Its doors this morning,
owing to tha wholesale demands made by
depositors tor in-u "",ID-
: . bot a sBetrm.
(Special Dispatch to The Journal.)
r.i,.M,r n tli twi K While play
ing on a small tugboat Sunday Leslie
Bailey, aged 11 years, fell overboard and
was drowned. The body has not been
recovered. The accident occurred In a
rough sea near Bowen Island. The tug
boat was towing logs, and although the
boy's father, who is captain. Jumped to
the rescue he could not locate the body.
AND MAY
AGREEMENT
divorce, agreed to remarry him. They
had continued to reside together, but
occupied separate apartments. The
separation waa due to the wife's Jealousy
of tha Clark girl.
To prevent him from carrying out his
threat Mrs. Tucker sgreed to remarry
him, then went to call upon the gVl
to learn how much Justification there
was for her suspicions. She upbraided
the girl unmercifully, and the latter's
suicide followed almost Immediately.
Mrs. Tucker returned to her former
husband, who protested to the last that
he waa innocent. Be locked himself In
hie room, saying that he would shoot
himself. Mrs. Tucker and her brother
waited anxiously for three hours In an
adjoining room. Then the doctor
emerged from hla room, seemingly for
gave hla former wife, following .the ac
tion immediately by committing suicide.
fl Slk' i ggf
1 agasW(' " ' SSsbbbI
Mrs. Chad wick Before Her Marriage
to Dr. Chadwick, When She Waa
Known ss Mrs. C. L. Hooper.
DROWNS AFTER HE
SWIMS BIG RIVER
Strange Death of Dr. R. H. Bar
ber, Owner of , Gardiner
Hospital in Drain.
MEETS DEATH WHILE ON
. WAY TO HELP ANOTHER
Horse Carries Him Safely Across
Siuslaw but He Faffs Into
Tank on Other Side.
(Special Dispatch to Tbe Journal.)
Drain. Or., Dec. 5. Tha strange dis
appearance of Dr. It. H. Barber, owner
and superintendent of the Gardiner
hospital, haa been explained in the
finding of his body where It rested In
a government Jetty. Since Thuraday
search has been made.
Dr. Barber waa called to Florence,
Thursday night to aee a patient. Ha
had before him a 20-mlle horseback
ride. He was unfamiliar with the coun
try to be traversed, but was Informed
how to oroaa Ton Mile, a small creek,
and than the Slualaw river. Ha evi
denUy mtssed Tan Mile and plunged Into
river, which at tbe point where
he
crossed Is half a mile wide.
Barber, not arriving at Florence, an
other doctor waa sent for and search
at once Instituted. His body was found
at the bottom of a tank 1 feet deep on
tha government Jetty works, where he
had apparently been walking In search
of water or to get warm.
It is presumed he waa so chilled and
numb after hla long, cold ride and Im
mersion In the water of the river, that
he was unable to climb out of the tank.
There" were a few bruises on his face.
The body waa shipped from Drain to
Portland today noon to be cremated.
Gardiner hospital was established
here last spring by Dr. Barber. He
leavea a widow and one son.
EARL SEEKS CONTROL
OF VAST COAL TRADE
(Joe rail gperlil Berries.)
New York. Dec. t. Planning to control
the coal trade from the Pacific Islands
through the Panama canal. Bart Fltswll
11am arrived hare today from Bngland.
He will remain in this country untU the
Harloch CaaUe, a 4.000-ton steamer
m-hlr-K h reoentlv nurrhasad. caji reach
San Francisco to take him and a party
of frlenda on a tour In aearch of coal.
The earl will he aone manv months, for
he Intends to visit the Solomon Islands.
New. Guinea, Celebes, Philippines, and
probably the north coast of Australia.
Vaat territories of these regtona are
unexplored so far as a search for min
eral deposits goes. The earl expects to
be a few million pounda richer ere he
returns. Tha earl seeks no financial aid.
Ha la wealthy enough to supply capital
for 100 such ventures. Naturally he Is
Independent of criticism and doea not
think It worth while to defend the prac
ticability of tha project.
PASS HONEYMOON IN
TACOMA PEST HOUSE
(Speelal Dispatch to Toe ronraal.)
Tacoma. Waah., Dec. 6. A honeymoon
in a pest house-Is the peculiar experience
of Mr. and Mrs. Feorge O'Flyng. an
Oregon couple who were recently mar
ried in Salem. O'Flyng Is from the
Bunch Grass region and tha bride Is
from the Willamette valley. She will
not tell her maiden name. They came to
Tacoma for their honeymoon and were
visiting friends on North Tacoma ave
nue. The husband waa stricken with
smallpox and sent to the pest house.
The bride followed and nursed her hus
band. She waa then stricken herself.
The husband .has remained at ber bed
side. Both are now convalescing and
will be released within a week. They
contracted the disease before reaching
Tacoma and It developed here.
HURT FAMILY CURED
OF HOLY R0LLERISM
(Journal Special Service.)
Corvallls, Or., Dec. 6. Mr and Mrs.
Frank Hurt, Mrs. Maud Hurt-Crefneld
and Mrs. O. V. Hurt are all home from
the qalem asylum, cured of Creffleldtsm.
All appear as nwrore rtoiy Konerism
sprang up In Corvallls, -dress neatly and
aeem well.
deaths sTrsuajroa oonroxsasroa.
(Journal Special Service.)
Raymond. Mont.. Dec. I. The 3-
months-old baby girl of Hiram Critten
den this morning fell from the arms of
her brother, alighting on her head and
killing the child, and the S-year-old
daughter of John W. Lee. a neighbor.
while playing In the kitchen, stumbled
Into a tub of scalding water, cooking her
to death at nearly the same hour.
I Rlrv'' sl ggg
Pv,'' n 'SmmfnfSSSSSKSt3r -1$ '' L ssBxel i
JJ'ffSsy 1 av '&?PbbbbbI
8! I$bv 'i aHssBBBBsi I
Mrs. Cassie L. Chadwick, from Her Latest Photograph. It Has Been As
serted and Denied That Mrs. Chadwick Was Formerly Known ss Lydia
Devcre, Who Was Implicated in Swindling Operations in Canada end
Ohio and Served a Term in the Ohio Penitentiary.
CHADWICK NOTES
SIGNED CARNEGIE
Steel Magnate's Name May Have Been Forgery Chadwick Boy
Still Missing May Have Cone on a Secret Mission to
Ashtabula Bank President Faces Music.
(Journal Special Service.)
Cleveland, Deo. 6. Em 11 Chadwick, tha
son of Mrs. C u Chadwick. did not ar
rive at Cleveland at 7:16 this morning,
aa waa expected. It la reported that ha
left Ntw York Jaert. night .pp.. a secret
mission. ' ' - '
According to the conductor of the
Lake Shore train, young Chadwick left
the train at Ashtabula.
President Beckwith and Cashier Spear
yt the Oberlln - bank-- ai 1 1 ved -here- tlilgi
morning hi iu o ciock in cnarge oi iec
oral officers, and ware taken at onca to
tha office of the United States commis
sioners Beckwith could have secured
his release on f 10,000 ball, btit preferred
to go to Cleveland at once. He aald:
"Take me to Jail and let me face tbe
worst. I have no frlenda left, and may
as wall go. to Jail now aa later."
Tha two men will be arraigned before
Commissioner Starck. If proved guilty
thsy are liable to lmprlaonment of from
five to ten years.
When taken before Commissioner
Starck, both Beckwith and Spear plead
ed not guilty, waived examination and
were held In bonds of f 10.000 each. Beok
wlth's condition is pitiable. He Is al
most on the verse of collapse. 8 pear ts
cool.
Tha two notes, one for 1600.000 and the
other for f 160,000, which have been men
tioned In connection with tha Oberlln
bank and tha Chadwick case, bear the
MANY RIDERS START
IN SIX-DAY RACE
(Special TMspstch to Tbe Journal i
New York, Dec 6. Tha six-day
bicycle race commenced last night, when,
amid deafening applause of over 20.000
spectators. Senator Timothy D. Sullivan
acting as starter. fired the shot that
started the riders on their dissy whirl
for six-day honors.
Eighteen teams started the race,
among which Is the largest contingent
of foreign riders that waa ever entered
in a local six-day event
The team compoaed of the Downing
brothers of San Jose, Cal.. was broken
up at the start. Carl Lumberg of San
Jose being substituted for Burton Down
ing. Qougolty, the Frenchman, who haa
endeared himself to the American pub
lic by his treatment of the lata Jimmy
Michaels, before and after the little
rider's death at sea. Is riding at a ter
rific pace and la often spplsuded on a
spurt.
Hobo of the Italian team. King and
Roaslllo, found the pace too strenuous
and dropped out of the race four houra
after tha start. Patsy Keegan of
Lowell suffered a fall In which ha cut
his face badly.
At 7 o'clock this morning all the con
testants still riding were tie. having
covered 1S7.2 miles, which Is five miles
and. two laps behind the record.
New York. Dec. 6. At o'clock the
score waa 197.1 miles. Several of the
riders have dropped one lap behind that
mark.
STEAL
AMAHS TRTJWX
(Special Dispatch to The Journal.!
Starbuck. Wash.. Dec. . A Chinese
restaurant keeper here took supper to a
night bartender In the next building Sat
,. ni.hl and on returning found that
. i .... i . v
his trunk containing his clothing, valu
able papers and more man an in n
had been stolen. In the morning the
. frlnnrl In the afreet nnnoHltp
the restaurant. The money had all been
taken except o. no ciun.
Journal Special Service.)
Milwaukee, Dec. 6. John P. Nolan, a
prominent mill man of Fox River val
ley, was found dead near Appleton last
night. There Is evidence of foul play
and the police connect hi death with
tha recent big paper mill strike In the
valley.
signature of "Andrew Carnegie." The
smaller note waa found In the Oberlln
bank and la now In possession of the
United States government authorities at
Cleveland. This reads:
"January T, 1904 One year from
I Braaalaa ta aajr ta c u na
order 1260.000, with Interest at S per
cent. (Signed) ANDREW CARNEGIE.
This note Is Indorsed on the back, "C.
I.. Chadwick." The note for 1600,000 Is
supposed to be In a safety-deposit box
nf President Weckwf Qi at the Oberlln
bank. A subpoena for Robert Lyons, re
ceiver of the Oberlln bank, waa Issued
by District Attorney Sullivan this morn
ing, ordering him- to appear at tha pre
liminary hearing of Prealdent Beckwith
and Caahler Spear and bring all the Car
negie or Chadwick securities found In
the bank. The vital queatlon now la
whether or not theae notes are forged.
OKADWICX WATOIID.
(Joornal Special s.-rvi.-.-
New York, Dec. 8. Mrs. Chadwick la
still at the Holland and Is closely
wntr-hA hv Hepret aervlcA men. DeoutV
Sheriff Rlnn made an unsuccessful at
tempt tnis morning io secure irom nv
management of the hotel a certificate
. ...,(.,.. f,..,i. , V... rulnnvtnn nf M r
D.lllll .... .11 ..n.r W. vs.
Chadwick nowln the house. It ia stated
on good authority that the woman has
nothing but a hand bag with her, and
haa no jewels in the safe, as supposed.
EXPECTS TO CROSS THE
ATLANTIC IN SUBMARINE
(Josrnal Special Service.)
Newport News, Va., Dec. 6. The keel
Is being laid In a shipyard here of a
new and larger Lake submarine boat,
In which the Inventor, Simon Lake, ex
pects to make tne trip across the At
lantic under Ita own power In an effort
to demonstrate Ha seaworthiness. Ths
new vessel Is S3 feet long and propor-
tlonatelyrlrge, will carry four torpedo
tubes, 10 torpedoes, and without assist
ance will have cruising radius of 1.000
miles.
'This will be the first submarine boat
of any class to attempt a trip across the
ocean," said Lake, "and there Is no
reason why the vessel should not cross
the ocean In safety. Ordinary torpedo
boata have made the voyage .without
Inconvenience and tha craft we are now
having built will be more sesworthy
than any torpedo boat that haa ever
been built"
LAURA BIGGAR BENNETT
SECURES A COMPROMISE
(Journal Special Service.)
Pittsburg, Dec. 6. Within tha next
week Laura Blggar Bennett, wife of the
lata H. K. Bennett, will receive securi
ties to the amount of $240,000, which
will bring beg an Income of 1 1,000 a
month. In addition to $40,000 cash, all
from har husband's estate. This an
nouncement was made yesterday.
Through some litigation entered Into
by F. P. McDecmott and B. A. Johnson,
of New Jersey, ths Bennett estate bade
fair to be tied up Indefinitely, but Mlaa
Hlggar came here a month ago and made
things lively until a compromise had
been effaated.
PRINCE OF ITALY IS
GIVEN HIS BAPTISM
,, (Journal Special Service.)
Rome. Dec. 6. Despite the heavy rains
and stormlness ..f. the weather, the in
fant prince of Italy was baptised in the
qulrlnal yesterday. In the prenence of a
most notable gathering of prominent
men of the kingdom and foreign repre
sentatives The ceremony required 16 mlnutea,
and the only outcry made by tha pros
pective ruler of Italy was when the holy
water was applied to his forehead. The
king kissed the Infant at fha olose of the
baptism and the queen carried the babe
around the room where It could be seen
by all present.
Lydia Devere, from a Photograph
Taken in the Ohio Penitentisry
in iqoi. ''
SHOOT MESSENGER
AND ROB THE CAR
Two Robbers Conduct Most Dar
ing Robbery on Santa Fe
Road in California.
ROBBERS ESCAPE WITH
NO ONE TO PURSUE
Train Runs Forty-Five Miles Be
fore Crime Is Disclosed
to the Train Crew.
(Journal Special Service.)
San Bernardino, Cal.. Deo. S. An,
overland train robbed and the express
messenger mortally wounded, the rob
bers gone, leaving no clew to their Iden
tity and the discovery of the crime not
made for houra, Is a stragga occurrence
reported here today.
The train whtoh was the moving scene
of the tragedy waa ths Santa Fe Over
land No. 1 and the robbery took place
In the long lonely atretch between Lud
low and Daggett, where the trains stops
only to take water.
Through these places the messenger
usually sleeps on the night run, aa
by without the necessity for
a transfer.
When the agent at Raggett pounded
on the door for admittance of express
matter there came no sound from
within. The conductor was called and
entered tbe front door. When it was
opened the messenger. Charles Roberts,
was found lying in a pool of blood.
Roberts gssplngly told bow two men
had rapped on the front door and said
they were paasengers who wanted to
get back Into the train.
The messenger unlocked the door,
when the two strangers pushed It open,
tearing the chain loose. Gaining en
trance to the car, they struck the mes
senger twice on the head. He made an
effort to fight, and was then shot
through ths breast, falling unconscious
on the car floor. The robbers then looted
the aafa of drafts and money to the
amount of It.OOO.
Aa the train waa entering Daggett the
robbers escaped. After the robbery waa
committed the train ran a distance of at
least 46 miles
Thara waa a heavy gale and no sounds
were heard by the trainmen.
Tha dying messenger was taken
through here to Loa Angelea He lapsed
into unconsciousness here and will not
long survive.
Tha robbers fulled to get Into the
through safe. The messenger said that
one of the robbers waa a white man and
the other a negro.
A big sheriffs posse has gone to tha
scene, under the leadership of Joseph
Arbola, one of tha most famous guides
and coolest men In southern California,
who has assisted In some of the most
desperate chases and captures ever made
In southern California and Arlsona.
aTTT.T.SP srr home.
I Special Dispatch to The Jonrnal. 1
RltsvUle. Waah., Dec. 6. Fred Horeh,
a farmer living near Llnd. started to
lead his horses to a bam after un
hitching them. He had Tailed' to un
hook one trace, the animal became
frightened and kicked Horch In the head,
killing him almost Instantly.
IS BADLT IJfJtJRED
(Special Dlipitoh to The Journal.)
Post Falls. Idaho. Dec. 8. C. F. Fee
ley waa dragged a long dlatance Sunday
by a frightened team, he being entangled
In the harness. His legs were badly
lacerated and his escape from death la
considered miraculous.
MAT HAVE DUOWITED.
(Special Dispatch to The Joornal.)
Coeur d'Alene, Idaho. Dec. 6. Percy
Harris and Kenneth Wiley, aged eight
years, are thought to have been drowned
in Harrison lake. They were seen play
ing on the banks at sundown Isst night
and have not been seen since.
JAMES N. TYNER OF
WASHINGTON, DIES
(Jonrnal Special Service.)
Washington, Dec. 5 James M. Tyner,
former poatmastr general, died st hli
home at :SS o'clock this morning. He
waa head of tha postal department un
der President Grant. He was removed
from the office of assistant attorney
general of the postofflce department last
year and afterwards Indicted together
with hla nephew. Harrison J. Barrett,
on a charge nf conspiracy In connection
with tha United States malls being uaed
by alleged "Get rich quksr
Of this
James
villa,
DEFENSE
IS BEGUN
L F. Puter Speaks for
the Prisoners Accused
of Land Frauds.
CASE MAY NOT REACH
JURY TILL TOMORROW,
O'Oay Follows Puter for the De
fense and Heney Closes
the Case for the
Prosecution.
Attorneys for the defendants in tha
land-fraud case are today making their
last efforts to save their clients from
conviction. Lawrence F. Puter, brother
of the defendant, 8. A. D. Puter, made
the opening argument for the defense
this morning, and wua followed by Judge
U'Day, whose speech occupied the rest
of the morning and tbe greater part of
the afternoon.
The closing argument for the govern
ment was made this afternoon by Franc-la
J. Heney, special assistant to the At
torney-general. When court adjourned
at noon It waa expected that Judge Bel
lingers charge to the jury would not ba
given until tomorrow morning. Aa soon
as the charge Is given the Jury will re
tlrs, and It la the belief of the govern
ment's attorneys that Uttla time will ba
lost In reaching a verdict.
Frank H. Walgamot's plea of guilty
renders his conviction certain. The gov
ernment's recommendation of acquittal
for Marie Ware will result In a verdict
aa to her of not guilty. As to S. A. D.
Puter, Emma L. Watson. Horace O. Me
Klnley and Dan J. Tarpley, the govern
ment's attorneys confidently expect con
viction. It la thought that by noon to
morrow the Jury's conclusions will have
been made known.
b T. Fate for tha Defense.
Immediately upon the opening of court
this morning I-awrenoe F Puter bgan
his address to the Jury. Mr. Puter spoke
with the earneatness of one who pleads
not only as an attorney, but aa a broth
er, and waa followed by the jury with
the closest attention. All that could he
said In behalf of the defendants, arm es
pecially of his brother, on whom the gov
ernment's evidence bears with especial
severity, he said. He vehemently as
sailed the testimony given by soma of
the witnesses for the prosecution and
ridiculed the conclusions of the. hand
writ I qg experts.
T approach the discussion of this
case." said Mr. Puter In opening his ar
gument, "under rather embarrassing cir
cumstances. In tha first place, I am a
stranger In your midst. I come from an
adjoining state. I am acquainted with,
the Judge who prealdea at this trial and -with
you. I am unacquainted with tha
people of this great state of Oregon, and
I am discussing a matter which la to
ba paaaed upon by men who are strang
ers to ma I appreciate, furthermore,
my own incompetence to meet such for
midable legal opponenta aa the two dis
tinguished prosecutors - who represent
the government In thla case "
Dwells oa Jnry's Duty.
After referring m terms of high com
pliment to United States Dlatrlot At
torney John Hall, and to Francis J.
Heney, whom he characterised ss "on
of the greatest advocates In America,'
Mr. Puter said:
"If the tables were turned, and If say
clients had been represented by such
a legal giant as Mr. Heney. things
would be different. It Is the realisation
of my own Inability to trope with thesa
distinguished opponents that ia one
cause of embarrassment to me. I am
further embarrassed by the fact that one
of the defendants on trial before you
la my own brother."
The duty of the Jury to weigh Impar
tially tha evidence In the caae and tha
solemn obligation Imposed upon them,
were dwelt upon by the attorney at
some length. The Jury, he declared, la
the safeguard devised to shield the citi
zen from the power of the government.
Jurors hold the power of kings, with
power to acquit or to convict.
Excuses Irregular Entries.
Passing to a review of the evidence
In the case, Mr. Puter declared that SS
per cent of the homestead entrlaa on tha
Paolflc coast were takea up In tha same
manner aa tha entrtea Involved In thla
case.
"I don't aay It la legal, but the prac
tice haa been almost universal. Oo
through the great state of Oregon, and
how many homesteads will you find that
were acquired In accordance with tha
lawT'
Mr. Puter declared that the proofs
had ahown the cloee bualness relations
existing between Puter and McKlnley,
but had failed to connect them with tha
(Continued on rags 8lx.)
from the time he left college and entered!
the law field was one of steady advance
ment In the governmnt service until hla
connection with tbe questionable trans
actions In 103 forced his reslgnntlon
antler pressure that was brought to near
by higher officials From 1M to Ittg
he waa a member of
dlana He served as first
ond assistant and
HITS to 1SU.
pointed
Tostofflce
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