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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Oct. 19, 1909)
I- REMEMBER THE DATE OF THE "CHARITY BALL" OCTOBER 29 AT THE AUDITORIUM RINK. THIS IS A WORTHY CAUSE AND SHOULD BE HELPED ALONG BY EVERYONE I laumal VOL. XIX. SALEM, OKEGON, TUESDAY, OCTOBER II), 1000. NO. 2J17. - "'"' fab V i DON GASPER DE PORTOLA REMEMBERED All the World Celebrates the Discovery of San Francis- co Bay b ythe Dough ty Old Don. .. WARSHIPS IN LINE SAN FHANCISCO A BLAZE .OF YELLOW AND HUNDREDS OF THOUSANDS OF VISITOHS AL HEADY ASSEMBLED ALL NA TIONS BEPHESENTED. ON1TKD TSEB8 LDASED w:M, San Francslco, Oct. 10. Tho city by tho Golden Onto camo into hor own again today when n million ban ners and more than half a million rejoicing peoplo greeted tho arrival of tho now Don Caspar do Portola upon tho "discovery" of tho now San Francisco. When tho modern Impersonal or old Spaniard who-dlscovered tho pen insula stcopped ashoro at tho Mission sTrcct w.hnrf this morning his arri val was tho signal for tho beginning of five days of carnival and morrl ment. Ills arrival was proclaimed with tho booming of cannon, tho shrieking and" Toarlngof stcamWLiitlcs, -and tho lusty triumphant ' shouting of tho sons of tho now city. With tho city decorated profusoly with tho brilliant red and yellow of tho Spanish emblem, no cltyful of pooplo was ovor moro ready and pre pared for a wholesalo frolic. "Dull caro' 'had been expelled ab solutely by official and popular edict and tho city Is givon ovor to tho pur suit of happiness. Aftor tho threo and half long yoars of labor against torrlfle odds through which tho city has been lifted up from utter ruins and re-established on n larger and better scalo than bo- foro Its disaster, tho tlmo for rest and celebration has been set aside ' and it Is at hand. "It's llko tho old town," is tho af fectionate expression of appreciation heard overywhoro about tho streets, and tat Is tho highest compliment a native-born San Franciscan cau ut ter. Don Caspar do Portola seems to have brought back tho spirit of old San Franolsco, tho city which was famed throughout tho world for Its lovo of frivolity and Its ability to en joy Itself. With tho official recognition of the rehabilitation of tho city from tho nations of tho world .expressed tho presence of tho war vessols of Groat Britain, Germany, Italy, Holland and Japan, riding at anchor in tho bay; with tho toast offerod by President Taft.drunk by offlcals of all coun tries round tho world at noon San Francisco tlmo today; with expres sions of praise, admiration and con gratulations recoived from tho offi cial bodies of most of tho great cities of America, tho festival which opened this morning has taken on a world wldo significance. The spirit that prompted tho gov ernment of Franco to send Ambassa dor Jusserand to present to tho city a gold medal In commemoration of tho reconstruction is manifest throughout tho world and San Fran cisco Is receiving congratulations from all tho peoples of tho earth upon the heroic, heculean task which has been accomplished against diffi culties which seemed insurmount able. San Francisco, Oct. 10. American soil was trod today by armed soldiery of Great Britain, Japan. Gormauy, Italy and the Netherlands when-the great military parade escorted Don Gaspar de Portola upon his arrival in the city for the opening of tho week, festival. The line of troops, representing the six nations, included approxi mately 7,500 men. Every branch of tho American service marines, artll- loryi signal corps, cavalry, Infantry nnd nil as represented in tho par ado. Tho Amorlcan soldiers were In Com in nnd of Colonel Lunden, command ant of tho Presidio. Tho procession was headed by, the forlgn troops, tho first armed men of a foreign power that havo mnroliod in California slnco Its ovnctmtlon by tho Spanish, Tlioro wcro many bnnJs inWrsfw sod throughout tho J I n . o'. nuron. Uohlnd tho foreigners oa nv tho stftt troops and then followol Undo Som's regulars. Aftor tho troops marched tbo l'o' tola dragoons, rcsplendont In mngnl ficont uniforms and in tho plU;o of honor rodo Don Gspar da Portola upon a jot black steed wltn the fho thousand dollnr Spanish saddlo made by Garcia. Portola, after passing In through tho Golden Gate, was greowd by the foreign ships In tho bay and then landed at tho Mlsslon-s'r u( wlituf, whero tho procession '.ml ftrmod. Tho lino of march wont out Mnr kot strcot to Van Now acnue mid through various counter marches to Union Square. Tho streets, which aro almost solid with t'ui liilll'.-int carnival decorations, wato solid vltli pcoplo who WANTS NEW KING, NOT MINISTER (CNITCD ritCBS LEASED WHIT. Madrid. Oct. 10. It Is ccnornllv understood hero today that King Al- fonso Intends shortly to depoBO Pre mlor Maura nnd appoint Senor Bac carogga temporary premier until a now cabinet cau bo organized. Pre mier Maura will not resign unless Alfonso forces him to tako this step. King Alfonso nnd Promlor Maura aro said t ohavo nuarrclcd violently becauso Prof. Forrer wns executed without tho king being given nn op portunity to pardon him. oneTsV- VALUED AT $5,000 Which Is Four Thousand Nine Hundred and Ninety-nine Dollars and Ninety Cents Too Much. I UNITED TiUSBS LEASED Willi!. Seattlo, Wash.. Oct. 10. "Ono kiss, 5000." That Is the entry Miss Hazel Gill, nn oporator for tho Independent tel ephone, In her noto book, under date of Soptombor 18, wants to be ohargod to G. B. Palmer. Pnl ni or seems to bo advent; to paying hot house prices for oscula tions, and has not settled, So Miss GUI filed suit iu tho su perior court today asking for $,5000 becauso Palmer, she clmu-oi stolo the kiss, despite her trc-wU. Shi charges ho entered her motku's r-joui at tho Harlnnd Hotel, on Sec ovd avonuo, September IS, where sho was, and barred hor exit, :Hug iha kiss by force. o HERE IS AN ORCHARD ITEM Medford, Or., Oot. 10, 1000. Mr. O. F. Lansing, Salem, Ore.: My Dear Sir: I should like to wrlto you a few facts, but modesty in tho matter almost prevents me from telling you tho wholo truth, but hero It Is. That car of fancy D'Anjous of which I told you, 60ld In Now York for 12900, or 15.45 per full box, a number of them going at ovor $7 a box, how is that? Again I went to the district fair at Ash land and took first and second on Comlco, first and Becond on D'An-jous-and first and second on Mount Veroons, first on Idaho and first on largest pear, all plato exhibits, and these entries were all that I made. I took up 43 pears and took $31.50 In premiums. So much for Bear Creok orchards. Yours, truly. C. E. WHISTLER. THE SMITH TRIAL IS ON TODAY Only Question Is as to the Sanity of Smith at the Time of the Alleged Crime. SMITH WAS THE MAN NO DOUBT AS TO WHO HEIjD UP HINGES, THE ONLY QUESTION BEING "IS THE MAN WHO HELD HIM UP HESPONS1IJLE FOH HIS ACT IN DOING SO." Mental Irresponsibility, duo to physical excesses and oxccsslvo drink ing, was Interposed as tho principal (lino of defonso today In tho caso of tnte of Oregon vs. A. D. Smith, charged with nBsault with Intent to rob. Smith, It will bo romomborcd, was arrested several months ago, aftKr walking Into Hinges jowolry store on Commercial street and pointing a revolver nt Clerk Nougc- bauor nnd Proprietor Hinges, with a demand that they hand ovor all tho diamonds and nvallablo cash In tho store. It Is charged hy tho prosa- outlon that he actually succeeded In obtaining $26.75, being tho contents f tho cash drawer. The jury was obtained with loss difficulty than had boon anticipated Mondny, nnd when 'tho circuit court convenvd nt 0 o'clock this morning the prosecution lost no tlino in open ing the case. Counsel for tho stato, Attorneys C. L. McNnry and George G. Bingham, concluded tho Introduc tion of their witnesses and ovldonco in just an hour, nnd nt 10 o'clock the defendant, A. B. Smith took tho stand, Charles Hinges, ownor of tho store In which the alloged assault occurred, wob the chief witness for tho. prosecution. Ho was shown a pistol which he Identified as tho ono used by Smith when tho Incident hap pened. Asked If ho wns familiar with the character of tho monoy In his cash drawer on tho day Smith cntored and emptied tho samo, Mr. Hinges said ho romomborcd a $10 gold piece and the amount found on Smith. $20.85, tallied with tho amount In his cash drawer on that day, $26.75, ns shown by his cash book. Tho discrepancy of 10 cents ho explained 1n tho fact that a dlino was found apart from tho rest In an other pocket of Smith's clothes when ho was soarched. Threo other witnesses corroborated Mr. Hlngos, nd stated minor details of tho cap ture nnd arrest of Smith. Counsel for tho defonso trlod in uvery manner known to court prac tice to have their client, Smith, nar rate tho history of his past Ufa, in an effort to show tho incidents which led up to his alleged aberration. This they succeeded In doing, for ten yrs prior to the allogod orlrao, despite repeated objections, many of them sustained, on tho part of the state. "How long did you live In Iowa?" asked counsel of defendant. "I am not awaro thot living in Iowa would mako n man Insane." observed the court. In sustaining an objection aB Immaterial. But Smith Anally told of his eight ears spent In Alaska, and how ho bad contracted a constitutional dls ease there which led to his ruin In Salem. Being unablo to got treat ment for the disease- In Fairbanks or Nome, Smith went to Seattle, and finally to his family In Portland, but notwithstanding treatment In large doses bis disease became virulent In despair be took to drinking heav 1t, then left his wife and three children and went to California, from whero he was brought back by a sister In Medford. who returned lilm to bis father in Salem, "When I came to Salem," said ithe defondant. '! tried In every way t Continued on Page 4.) THORBURN ROSSIS CONVICTED Supreme Court Affirms Deci sion of the Lower Court as to His and Burst Bank's Guilt. FIVE YEARS TO SERVE SUPHEME COUHT CUTS OFF 700 YEARS FHOM HIS SENTENCE AND LETS HIM OFF WITH ONLY THE FIVK FIHST CASE OF KIND IN OREGON. In an opinion handed down by J.ho supremo court this morning, writ ton by Justlco Eakln, tho judge ment of tho circuit court of Marlon county In tho caso of Stato of Oregon vs. J, Thorburn Ross, wns n 111 r mod and modified, and tho dofomlant ex onerated from tho lino of $576, 853.74, but all other parts of tho sontotico Is affirmed, being ilvo yearn In tho stnto penitentiary. Thorburn Rosb was charged by Information jointly with George II. Hill, T. T. Btirkhnrt and J. O. Atchi son with tho crlmo or larceny com mitted In Multnomah county, nnd upon n chango of vonuc, tho caso was, trnnsCurrcd to Marlon county for trial. Tho substnnco of tho chnrge was, that on tho Olh of September, 1007, tho Titlo Guarnntoo & Trust Com pany was a corporation cnrrylng on 11 banking business of which tho do fondants woro directors and J. ihor burn Ross, president; George H. Hill, vlco-proBldent, and T. T, Burk hurt, treasurer, and had In tliolr control nnd possession for safe keep ing, ns officers of tho bunk nnd di rector, $288,420.87 bolonglirg to tho stato of Oregon, being a por tion of tho Irreduclblo school fund, Agricultural Collego fund nnd uni versity fund, and the defendants wcro tried nnd convicted of wilfully, rnlnwfully nnd feloniously convert ing tho monoy to their own use, aftor tho monoy had been turned ovor to them by Stnto Treasurer George A. Steolo. Tho basis of tho complaint Is that tho trust company on tho 14th day of January, 1007, when George A. Steolo ontonod tho office of Btato treasurer, had $400,000 of stato monlos on deposit, subject to Treas urer StooIo'B check In various bnnks In tho state, $35,000 of this monoy bolng deposited with the trust com pany. At that tlmo tlioro had been no sogrogatlon of tho funds of tho troasuror, ns betwoon educational deposits nnd tho gonernl deposits, except on tho books of the treasur er, and banks wero not notified to which fund tiro deposits belonged. Troasuror Steolo jiogrogutqd tho funds, as provided by an act of tho legislature adopted In the year 1007, and an account opened with tlio tiust company under tho namo of George A. Steolo, Treasurer. Edu catlonal." On August 20, 1907, $300 was missed, from tho company, and this deficiency continued to In- create thereafter until Novembor 0, 1907, when a final amount of $274,- 882.73 was found missing from tho institution. The defendants were arrested and upon tho trial Ross was convicted and In the findings of the jury It was concluded that Ro converted $28,4820.87 to his own uso. A judgement was rendered that Ross be Imprisoned In tho penitentiary for a torm of flvo years; that ho bo ad judged to pay a fine of $576,863.74, double the amount of tho defalca tion, and unless samo is paid be Im prisoned In tho county Jail of Mult nomah county for a period of 288, 426 days, or 790 years. Tho supreme court holds that thero la- no evidence In tho tran script to show that Rosa actually paid out for the trust company any or ila money, or t-xpressly author ized any ono olso to do bo. "Tlioro Is no doubt, snys Justlco Eakln, that If tho money had boon ombozzlod from the trust company, or applied In any way not intended by tho com pany, or not by bonorlt, by nny su bordinate, then Ross would not bo hold criminally liable, unless ho par ticipated In such dlvorplon, but this Is not tho enso. Tho records tend to show that tho monoy wns In tho ganornl deposit funds of tho trust company, and wns paid out in tho usunl way or payments of logttlmato claims against tho firm, that is, in n manner contemplated and intended by tho company, nnd thos'o in direc tion of Its affairs. Th!o agents ac tually paying out tho monoy, had a right to understand that this was to bo done, thero bolng no sogrogatlon of tho monoy or llmltntton on th uso of it. Tho trust company could only become nn nctlvo depository of this educational fund by authority of Its officers nnd board of directors. When tho monoy was received by tho company ns an actlvo depository, Its directors nnd offlcors pornilttod tho monoy to becomq a part of tho general deposit of tho company, without restriction thoroon, with knowlcdgo that in so doing tho monoy would bo applied to tho trust company's gonernl uses, this was gonernl nuthorlty to pay out tho money In tho usual courno of tho business, and tho offlcors and direct ors of tho business nro Hablo. Tho ovldonco tends to show, In conclusion, that tho disposition of tho money by tho trust company wns with their knowlcdgo, consont nnd ncqulescnce, nnd thoroby par ticipated In Its dlwrslon, thorofor, (ho supremo court modlflod tho Judg niont of tno lower court by rovorslng that part directing that "ho bo Im prisoned In tho county jail until said (lno Is publ, not cxcoiedliir, 288,426 days." In all other respects tho Judgement Is affirmed. heISeF the hindus WAY DOWN The Immigration Inspector Sent Hindus Back Because they Were Polygamists. Poor Devils. Seattle, Oct. 10. nocausj several of them oxprcsscd a belief in polyg amy, nnd becauso thoy also woro not properly equipped nnniui'tlly, nlno Hindus, out of a party of 1 1. who arrived horo on tho st Minor Shlnnno Mara, havo been r-tf.tso't admission to tho United Stntes by tho local Im migration authorltleo, Tho othor two woro admitted. This Is tho sec ond lot of East Indians who havo bo u turned back recently 11.1 u ro suit of tliolr conf. -salons that thoy unsldored two or threo wl,M groat ly proforablo tc ono. The nlno brown iron who lnvo just boon refiwrd porm'.i mi to ou ter tho United Statu havo tho jnlv Itoge of app-r'.iijr to tli Mtteluiv of tho depa.im:u nt WiishlwuiMi D. C, and It s.ild they nil .i.loiid to do 'so. Tiny will bo ilctklncl luio until the roK'ttt of ihla aisful Is mqdo known. o Will Knock tho Coon Off tlio Earth. onitxo rs IJUSSD wibs.1 Chicago, Oct. 19. Sun Borgot, the talking end of tho Jeffrlco-Kcrger combination, Is In Chteiu;o today, en route to New York to moot tho alfalfa farmer, who It i.ow sailing on tho high seas for homo nl'-.ud the Lusltanla. JeffrlM will urrh'o In New York on Thursday or Friday. Here Is what Berger hu.1 to say regarding Jtftrlea' Int'jntioiib with icnids to fighting J"tmson. Docs Jeffries intend to ll,ht tho negro? Why, It la it certainty, un- le?o Johnson docs the crrttvlliu; net. Jim was never rtnru serious In his 1K. about a match, uud my words when ho gets that big dingou iu tho ring, ho will knock his head off. Jeff will meet Johnson just as soon as the details ran bo arranged. You Muko that from me" WAS GYPSY SMITH'S WORK GOOD OR BAD 12,000 Members of Churches March Through the Ten derloin District of the City of Chicago. BOOMED BUSINESS THE HEV1VAL1STS SAY THAT THE DEMONSTRATION WAS MAR VELOUH AND THE DENIZENS SAY BUSINESS WAS BOOMING. GYPSY SMITH LED PAHADE. united rntns uubkd wtna.1 , Chicago, Oct. 10. Opinion Is di vided today as to tho wisdom of last night's parado when 12,000 church workers, under tho leadership of Gypsy Smith, the evangelist, mnrchod through Chicago's tenderloin dis trict. Tho resort koepors doclaro that business last night was ibottor than over beforo. A woman who has lived In tho dis trict for tho last flvo yoars, said: "From n business standpoint I sup- poso that I should bo ploasod ,but I was sorry to seo so many young boys attracted to tho district for tho first tlmo la their lives" Tho pollco pf tho tondorloln re ported that the district did tho blg gest business In't'SJliUtory. Tho rovlvnllsts dcclaro that tho demonstration was simply "marvol ous" nnd did n great deal of good. Gypsy Smith Is out of tho most prominent ovangcllsta In ifio country and when holding a mooting in tho largo cities nlwnys devotes ono night ta tho tondor)In when ho with his followers marched through tho dis trict ami plead with tho womon and men to lend bettor lives. CATS AND DOGS WORK FOR TAFT tuxiTxn mcts ixxaco win.) Grogory', Tox., Oct. 10. Whon Pn-sldont ' Tnft nwoko at 8 a, m. from tho beat sleep ho has had for n month, ho looked out on a bound less pralrlo crowded with sago grass nnd inesqult bushes. Ho leisurely dressed, and was down at breakfast at about 0 o'clook. For tho first tlmo Iu many days tlioro wero no local committeemen stamping nbout Im patiently in his near neighborhood, nnd wondering how soon tlOc presi dent would show up. Tho explanation of this happy condition wns found iu tho fact that tho prosldent spout tho night In the ranch houso of his brothor, Chnrloa P. Taft, threo mllos from Gregory. Tho hug tract of 1000 acres stretched for several mlleu to the north of this place, so far in fact that It required three-quarters of an hour for tho Taft train to go last night from Slnton, tho northorn end of tho tract to Gregory, which Is also on the property. Unless tho president changes his plans, ho will spend tho entire day upon tho ranch, playing golf, horse back riding and resting. Wednes day and Thursday will furnish some oxcltoment In the shape of wild cat and javk rabbit hunting. Cats aro chased with dogs through tho mea qulto brush, and tho sport is In creased by reason of tho fact that It la always u problem whother the dogs will got tho wild cat, or the wild cat get the dogs. Tho members of tho preO.dunfs party, with tho exception of Captain A. W. Butt, Ills military aldo, who In at tho ranch house, aro quartered at thb now Green Hotel, built espe cially for tho occasion by Charlta P. Taft. Tho hotel Is named for Jos. L. Green, tho manager of tho rauch, and, although now occupied by 1.10m hero of tho president's paity, will remain opon for business after their doparturo on Friday. Mighty few pheasants sees If not a hunter. a follow