'
VA
u?ttw
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'J5E
VOL. XLI.NO. 12,737.
PORTLAND, OREGON, TUESDAY, OCTOBER 8, 1901.
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THE ASPEALT CONTROVERSY
Neither 'Side Will Ajrree to an Aml
cahle Settlement.
WASHINGTON, Oct. 7. Both sides to
the asphalt controversy, the New York
& Bermudese Company and the Warner
QUlnlan syndicate, have declined to enter
Into the arrangements for an amicable
settlement of their troubles, the founda
tion of which was laid by Minister Bowen,
at Caracas, last week. The New York
& Bermudese Company polnts,out that a
settlement of the kind proposed would
expose it to similar attacks by individuals
and corporations, and that no arbitration
save an International one, to -which Vene
zuela is made a party, could protect its
rights. It already has asked for such an
arbitration.
The Warner-Qulnlan syndicate is willing
to meet representatives of the New York
Company is this country in efforts to
compromise, but It objects strongly to Mr.
Bowen's proposed arbitration, on the
ground that the same purpose can be
served by the legal trial now going on In
Venezuela, which already has progressed
at considerable expense to the parties. In
this state of the case, the Department of
States can do nothing but await develop
ments in Venezuela.
Ninentcen Persons Drowned.
LISBON, Oct. 7. Nineteen persons were
drowned today by the- foundering of a
flshlng-boat In the Bay of Peniche, - just
outside of the Peninsula, of Peniche.
RACK-PROOFS MINING BOOTS
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American Flan fl.25. $1.50. $1.75
European Plan ....60s, 75c, fl.OO
SUIT
MADE
NEAR. THIRD.
M'DONALD LEAVES FOR JAPA1C
He Will Represent England at the
Court of the Mikado.
VANCOUVER , B.aToct 7.-Sir Claude
Macdonald, ex-British Minister to China,
Is here, en route to Japan, whither he
sailed tonight to represent his govern
ment at the court of the Mikado. In the
course of an interview, Sir Claude said-
"British prestige Is in no way dimin
ished In the Far East by the events in
China. Of course, we must share 'the
trade and advantages with other powers
We were the first to open the oyster, but
we cannot -expect to keep it all to our
selves. During the siege of Pekln, the
Chinese treated us all with the greatest
Impartiality. They fired on the Russian
and American flags, and on the members
of the legations without any distinction."
Casualty Report of Chaffee.
WASHINGTON, Oct 7. The War De
partment has received the following cas
ualty report from General Chaffee, dated
Manila, September 3: In. engagement at
Labangan. Cebu, July 27: Peter H. Con
roy. Corporal, A, Ninth Infantry, leg,
severe.
In engagement at Panbonham, Depart
ment of VIsayas, July 7: Grosvenor L.
Townsend, Second Lieutenant, U. S. -A.J
armj slight.
In engagement at Alamlnos, Luzon,
August 20: Henry Waring,. Sergeant
Company '2, Twenty-first Infantry, leg,
slight.
vb I J. J J
FLEET COULD GO OUT
Spaniards Might Have Left
Santiago at Night.
HODGSON At THE SCHLEY COURT
He Belle-red the Blockade Would
Have Been Sufficient in Good
Weather His Alleged Collonny
With Schley on the Texas.
WASHINGTON, Oct. 7. Lieutenant
Commander Hodgson today again occu
pied the greater part of the time of the
Schley court of Inquiry as a witness. Ho
was followed on the stand by Captain W.
M. Folger, formerly chief of the Bureau
of Ordnance of the Navy Department, but
commander of the New Orleans during
the Spanish War. Lieutenant Dyson was
also recalled, to add some details to his
former testimony concerning the coal sup--ply
of the American fleet during the San
tiago blockade.
Commander Hodgson repeated and ex
tended his story of the battle of July 3,
giving the opinion that Commodore
Schley's conduct on that occasion- was
such as that of a commander-in-chief
should have been. He also explained at
some length his correspondence with Ad
miral Schley concerning the alleged col
loquy between them while the Santiago
engagement was in progress. He said
he had no controversy with the Commo
dore, but he repeated that the Commodore
had said "Damn the Texas," when told
that that vessel was in danger. Captain
Folger said that the bombardment of the
Cristobal Colon May 31 had been eminent
ly successful in developing the strength
of the Spanish shore batteries, and had
shown them to be very weak. He aso
said that If the Spanish vessels had at
tempted to escape at night, they could
not "have been sepn by the blockading
fleet in bad weather.
The "crowd In attendance was as large
as at any time previous, indicating that
the Interest In the case Is unabated. It
has been expected that the Navy Depart
ment would be able to complete its pre.
sentatlon of the case by the close of last
week, but when the court opened today
Captain Lemly's list of witnesses still
contained almost a dozen names. ' Promi
nent among these Is Captain Chadwlck,
who was Admiral Sampson's chlef-of-staff,
and who was In immediate command of
the flagship New York during the Santi
ago campaign.
The day's proceedings began with the
recall of Lieutenant Doyle and Comman
der'Rodgers for the purpose of correcting
their previous testimony, and when they
had been excused Lieutenant-Commander
Hodgson, navigator of the Brooklyn dur
ing the Santiago campaign, resumed the
stand.
s was his third sitting, and when he
began, today's testimony the Judce-Ad
vocate had not entirely completed his J
questions. There weresstllla few of the
letters, constituting the correspondence
between the witness and Admiral Schley
to be read, and "when, they were concluded,
Cabtaih Lemly and Mr. Hanna proceeded
with their questions.
When the reading of the Schley-Hodgson
correspondence had been concluded, Cap
tain Lemly asked Mr. Hodgson whether
his denial of the colloquy betwpen himself
and Commodore Schley had ever been
published entire. Mr. Hodgson replied in
the negative, saying that the last 'para
graph of his letter of denial had not been
printed. This paragraph referred to the
enclosure of a newspaper clipping.
Mr. Raynor began his cross-examination
by asking Mr. Hodgson whether the Mar
blehead had hailed the Brooklyn when the
two vessels passed each other ,as the
Brooklyn was op her way to Cienfuegos;
The witness replied in the negative. The
examination then turned upon events
about Cienfuegos, and in reply to Mr.
Raynor's inquiry. Mr. Hodgson detailed
this at length. Commander Hodgson
said. in reply to these questions that he
had seen the lights on the shore which
were afterward determined to be signals,
but he had supposed they were signals
between different branches of the Spanish
forces, on shpre. He added that when
Captain McCalla arrived with information
as to the meaning of the signals he was
immediately dispatched to the shore to
ommunicate with the insurgents.
ne sam mat ine progress or the squad
ron was impeded between Cienfuegos and
Santiago by the heavy weather delaying
the smaller vessels, the Vixen and Eagle.
The Santiago Blockade.
Mr. Raynor then asked: "How far were
you off during this blockade of Santiago,
of the Morro during the day and night
of May 28. 29. 30 and 31?"
The witness replied: "Early in the day
time our position was about six miles.
Jn the night I think we steamed up and"
down in front of the harbor, a distance
of about six miles."
He stnted that the picket boats, Mar
blehead and Vixen, were Inside the line
of the fleet, about midway between that
line and the shore line.
The witness then, in response to a re
quest from Mr. Raynor, continued his de
scription of the naval battle of July 3
from the point where he had dropped that
description at Captain Lemly's request
while he was on the stand Friday. In
this connection he said:
"The Brooklyn did all she could. She
got into action just as quick as steam
could carry her. We commenced firing
as eoon as the first gun on the port bow
would bear, and we kept the port battery
firing until she turned 'with port helm
and we brought our starboard guns to
bear. We got around as quickly aa we
could with port helm, until we. almost
paralleled the course of the leading Span
ish vessel, when the helm was eased and
the ship steered a course parallel with
the Vizcaya. She was standing at an angle
in to the shore. When we got around
the smoke was so dense nothing could
be seen of anything in the rear of us.
The three Spanish vessels we were then,
engaged with were the Vizcaya, Colon and
Oquendo. Vizcaya was about 2500 yards
on our starboard bow; Colon probably a
little forward of the starboard beam and
Oquendo was abaft the starboard beam.
"We continued In, that direction, when
I remarked to Captain Cook that it
seemed rather lonely for us out there.
He was in the conning tower. He asked
Why?' I said that we were all alone
with the three Spanish vessels, and It
sdemed that it depended upon us to knodjc
them out. At that time the smoke was
so dense I could not see anything, and
I supposed that the New York being
away, the Brooklyn was steaming ahead
of the slower vessels. He stepped out of
the conning tower and exclaimed to me:
"God Bless the Oregon."
" "What's that off our starboard quar
ter?' I looked in that direction, and saw
I the heavy bow of a ship, and said, 'That
must' be the Massachusetts.' He said,
No, t could not be the Massachusetts,
she has gone to Guantanamo.' I said. 'It
must' be the Oregon and he remarked,
'God bless the Oregon.' I said, 'Well, I
am very glad to see her.'
"The Oregon was at that time about 400
or 500 yards off our starboard quarter, at
full speed. ' We continued In that posi
tion until the Brooklyn's speed began to
increase, as we got up steam and prob
ably drew a little farther ahead of the
Oregon. She never was that close to us
again,' as I remember.
"Oquendo very shortly fell out and
went ashore,. Colon gradually drew ahead
and also went inshore. I remember very
well the time that the Vizcaya blanketed
her from our fire. TJils chase was con
tinued in that direction until, when off
Accereaderas, Vizcaya altered her helm
and ran inshore. Colon at this time had
gained speed and was inshore, I suppose,
some seven miles.
"After passing Vizcaya we steamed
ahead and ceased firing. The men were
allowed to come out of the turrets one at
a time to get a breathing spell, although,
of course, all guns were manned and ev
erything ready, but the gaining upon the
Colon was very slow, in fact, she gained
apparently on us. This was about 11:15,
when the Vizcaya stood in for Accerea
deras. The chase was continued then
after the Colon. I knew it must be
six or seven miles away until we began
to gain. I remember keeping" the stadl
meter at work on her. although the 13,000
yards would not register on the stadi
meter. xOre'son' Ordered to Fire.
"I remember at one time telling Commo
dore Schley that it' was within 13,000 yards,
and my recollection Is he told some one to
signal Oregon to try one of her 'railroad
trains.' . At any rate, shortly afterward
the Oregon fired one of her 13-Inch shells,
which fell short. Then we tried an eight
inch shell, and it fell short. We contin
ued occasionally to fire, the Oregon her 13
and 8-inch guns and we our 8-inch guns.
"I remember seeing one of the 13-lrich
shells from the Oregon fall well ahead of
the Colon an done of our eight-Inch shells
apparently fell inshore of the Colon. At
that time the Colon put her helm hard
aport. Previously to this she had ported
her helm once of twice, apparently seek
ing a soft spot on shore." She fired her
lee gun and hauled down her flag. I pulled
out my watch. It was exactly 1:15, and
then ceased tiring and slowed down, and
orders were given to get out a boat. Trie
captain was ordered to go on board to
make terms with or tell the ternis of the
commanding olficer of the Colon."
"How far was the Oregon from the
Brooklyn?"
- "From 1000 to 1500 yards on the starboard
quarter."
The witness In reply to questions con
tinued his report of the battle. He said
that at the beginning of the fight he had
given the range at 1400 yards, but that
after the loop it was about 2400 or 2500
yards.
Mr. Raynor What was the bearing of.
Commodore Schley during this engage
ment or any engagement In which you
saw him?
"His bearing and manner, with respect
to an officer of his rank and station in the
naval service, were naturally those of a
commander-in-chief of a naval force on
that occasion."
The witness 9ald that the Commodpro
ha'd .occupied a place on a platform around
the conning tower during the engagement.
This, he said, was a position of dancer.
4asthc-CoRTOiedereas,erelwaysn3i1
full view of the-" enemy's rshlps.
"It hag been stated here," said Mr. Ray
nor, ''that, the Brooklyn ran 2000 yards
away from-' the enemy's ships in making
her loos."
The Loop of the Brooklyn.
The witness replied: "Any witness who
made that statement, although he may
have stated what he thought had oc
curred, was absolutely mistaken."
"How far did she go from the enemy's
vessels?"
"She must have gone about 600 yards
to the southward, as that Is about the
tactical diameter of the Brooklyn at that
speed."
"Did this turn interfere with the Brook
lyn's ability to keep up her Are?"
"It did not; she continued to fire from
her aft turret.".
"Did you ever see the Indiana during
the engagement?"
"I did not. The smoke was very dense
In the direction of the Indiana."
At this point Mr. Raynor questioned the
witness at length concerning his reported
colloquy with Admiral Schley during the
battle off Santiago, In which the Com
modore was reported to have said. "Damn
the Texas."
Mr. Raynor asked the witness If It was
not Captain Cook who had given the or
der to "port helm." The reply was that
(Concluded on Second Page.)'
SUMMARY OF THE DAY'S NEWS.
Foreign.
Ameer of Afghanistan is dead. Page 1.
England Is must disturbed over the news, as
..It will encourage the Boers to prolong the
war. Page'l.
Lord Pauncefote will soon join Secretary Hay
to put the finishing touches to & canal
treaty. Page 1.
National.
President Roosevelt appoints a Democrat to a
Judgeship in Alabama. Page 2.
Charles Hartsell, of Colorado, appointed 'Sec
retary of Porto Rico. Page 2.
Domestic.
Time of payment of the ransom for Hiss Stone,
the missionary, has been extended one
month. Page 2.
Roosevelt will be asked to end the South
African war by American sympathizers of
tho Boers. Page 3. j
Ohio woman Is suspected of having murdered
14 people. Page 5.
Sport.
Sir Thomas Llpton will try again for the
America's cup. Page 3.
Football prospects 'considered encouraging at
Whitman (Wash.) College. Page 3.
Pacific Coast.
George W. Davis, cx-school land clerk of
Oregon, files answer to suit against him for
his bond. Page 1.
Percy Willis haa been appointed First Lieuten
ant of Artillery In the regular Army.
Page 2.
Duke of Cornwall and York spent the day in
duck-shooting. Page 4.
Few sales of Oregon hops have been mado by
growers. Page 4.
Governor Rogers will not interfere In behalf
of James G. Green, convicted of murder.
Page 4.
National convention of Episcopalians at San
Francisco adopted several amendments to
constitution. Page 5.
Commercial and Marine.
Sugar declines In the local market. Page 11.
New York stock market still unsettled. Page
11
Tug Tatoosh secured by the O. R. & N. Co.
Pase 10.
Austrian steamship Arlstea In port. Page 10.
British ship Nelson chartered yesterday. Page
10.
, Portland and Vicinity.
General O. ' O. Howard Is visiting Portland.
Page 1.
B. F. Durphy convicted of polygamy. Page 12.
Injunction against paying last Portland Sav
ings Bank dividend set astde. Page S.
Free Kindergarten -Association begins manda
mus 'proceedings against , School Board.
Page 12.
Indians attract great attention at the Car
nival. Page 8.' " A
Mazamas evenly divided as to Mount Shasta
or Mount Adams for nest Summer. Page 8. 1
DEATH OF A RULER
Ameer of Afghanistan Was
Hi Only a Short Time."
ENGLAND iS MUCH DISTURBED
News Will Encourage the Boers to
Prolong: the War, and Rnssla May
Seize the Opportunity to Push
Her Frontier Forward,
LONDON, Oct. 7. A news agency pub
lishes the following dispatch from Simla,
dated this evening:
Habld Oullah Khan, eldest son of the
H ' t M M t t M H M M M
DISTINGUISHED SOLDIER OF THE CiVIL WAR.
sHstSHR9siraslssa9s8BsfflsssssBHsssssSs!Bssssl
'.', r ' ssssHtellli
GENERAL O. O. HOWARD, VISPTING PORTLAND.
- f
Major-General 0". O. Howard, who is. again visiting Portland, is personally
well known and appreciated here, bth as a distinguished soldier and- aa a good
' and 'humane man.' , .
. ,. It was about, a quarter of a centuryago that General Howard first made his
home lnPortland, succeeding General' Jeff CV Davis as Commander of the De
partment of the Columbia. ' ,
dp 1877 Chief .Joseph's band of Nez Percea Indians went on the warpath, and
General Howard took the field "lrf person against them. His force was small, but
he defeated the Indians In pitched battles on their own ground on the Clearwater,
.pursuing them for thousands of miles over the 'roughest region in North America.
It was his plan that led to their final 'capture at1Bear,Paw Mountains, by Gen
eral Miles It was a' most reniarltable campaign. In 'which General Howard and
his-men.undprwent many hardpshlps. ( ,
i ... -11878 GeneraT,Howard took the field against hostile BK:iock Indian's, and
personally, partlppated 'In the battles and exposures of the" long, rough rides over
the most rilountatnous parts of Oregon Washington and Idaho, finally restoring
"J peace in tho .entire department, although lt'contalned. many unruly Indians.
. r ,' After a four years' term as Commandant at West Point, General Howard
commanded "the Department of th e, Platte and the dh;ls!ons of the Pacific and
:itho 'East During: the recent campaigns In Cuba, although retired on account of
age, he went with the Army for he good that ho could do, and all accounts agree
thaf.he rendered invaluable assistance.' '
' t Men who served under General Howard on roush "frontier campaigns, when
cold and hunger "were often"the common lot, say that he was always' a good
commander, kind and considerate to those under him.
, General Howard is now 71 years' of age. He lost his right arm at the battle of
Fair .OakS, In 1802; he was at Antietam the same Fall, and at Fredericksburg
arid Gettysburg, and 'participated in most of the important battles 'of the Civil
"War. ' He "commanded th- r!g"ht wing of. Sherman's army In Its 'march through
Georgia. General Howard's promotions were earned by bravery and good service.
o----o--o - -----
Ameer of Arghanlstan, has reported to
the British agent at' Cabul that the Ameer
died last Thursday after a brief Illness.
A dispatch to the Associated Press from
Simla says the Ameer was taken serious
ly 111 September 27. Habid Oullah Khan
rwr.vr . nqkpd in a durbar that public
prayers be offered fox the Ameer. On
the morning of October 3 waDia uuusn
Khan announced that his father had ex
pired at 3 o'clock that morning. Nothing
Is known of the state affairs at Cabul.
SENT A SHOCK THROUGH ENGLAND.
News Will Encourage the Boers to
Prolong- the War.
LONDON, Oct. S.' No confirmation has
been recelyed at the Foreign Office of
the report of the death of the Ameer of
Afghanistan, but the truth of the report
Is not doubted. In view of the existing
critical situation in South Africa, the
news sent something like a shock through
the United Kingdom. Great confidence,
however. Is expressed on all sides of the
ability of the Indian Viceroy to deal with
the situation. Before Lord Curzon at
tained his political dignities, he had
traveled through Afghanistan as the
guest of the Ameer, and had thoroughly
mastered the problems of British policy
in Central Asia.
At Simla it is believed that Hablb
Oullah Khan, who was regarded by his
father as his successor, and long had a
share in the government, will assume
the succession peaceably. He is at Cabul.
For some years, under his father's con
trolling hand, 'he has had charge of the
army and the state treasury and the
Supreme Court of Appeals. He Is re
garded as a wise and temperate ruler,
favorable to Great Britain, but less mas
terful than his father and for this reason
less likely to be strong enough to govern
the fierce, unruly tribes or to resist the
attempts of his brothers to seize power.
It Is expected that Lord Curzon will
postpone his tour to Burmah until the
Afghanistan Is settled down.
The editorials In the morning papers
express confidence that with a strong
Viceroy and a strong government at home,
any possible complications following the
death of the Ameer will be firmly and
prudently met. There Is, however, an
underly current of uneasiness discernible
as to whether Russia will seize the op
portunity to push her frontier forward.
The BritiBh troops In India, owing to the
South African war, are now below the
normal strength. It will be Impossible to
take any more for South Africa, and the
news will still further encourage the Boers
to prolong their resistance.
"The British duty is plain," says the
Times. "It is to afford prompt and firm,
countenance to the legitimate heir and
nominee of the Ameer, and the favorite
of the nation. It is well for Great Britain
that the death occurred during Lord Cur
zon's viceroyalty."
TO FINISH CANAL TREATY.
Lord Pauncefote Will Soon Join Sec
retary Hay.
WASHINGTON, Oct. 7. Word has
reached here that Lord Pauncefote, the
British Ambassador to Washington, will
sail from England on the St. Louis Octo
ber 26. He will reach Washington about
the 1st of November, so that he and Sec
retary Hay will have a full month before
Congress convenes to add the flnlsh-
M 0 H M M t M t M H H O
o--o----o
i
lng touches to the treaty which has been
in formation all th n5t Rm,- -
j place the Clayton-Bulwer treaty and the
lauea-io-pass pauncefote treaty.
ENGLISH PAPER ON THE TREATY.
It Fears It Must Give Up Mnch, hnt
Thinks It Is for the Best.
LONDON, Oct. 7. The Washington
correspondent of the Daily Chronicle
gives the alleged substance of a provis
ional canal treaty abrogating the Clayton
Bulwer treaty. Commenting editorially
upon these advices, the Dally Chronicle
says:
"Englishmen will be startled to learn
that we have abandoned our rights under
the Clayton-Bulwer treaty and surren
dered every disputed point without com
pensation. The new treaty Is apparently
another Instance of Lord Sniishnrv's
t placid Indifference and Lord Lansdowne's
impulsive generosity. It Is said that
President Roosevelt will recommend Its
adoption to the Senate. Doubtless Great
Britain 111 agree to it. Although it
gives us nothing at all. It will have the
advantage of getting rid of all our out
standing grievances with the United
States. And there Is, perhaps, no exist
ing question on which we should be wise
to assume an Intractable attitude. But
It may be hODGd that "Lord T,nnsrlriT'ni
r will not plume himself too much on the
sKiii on which he is able to secure his
diplomatic ends by gracefully surrender
ing every point In the game."
To Establish an Economic Utopia.
NEW YORK, Oct. 7. The "Freeland
Central Association." has lust neon nr.
, ganized in this city by Alexander Horr.
Amonir the members is Rev. S. L. "Rvlnir-
ton. Said Mr. Horr In explanation of the
objects' of the organization:
"The plan we have adopted Is simply
that of a co-operative business enter
prise, founded on the idea that labor Is
entitled to its total product."
As soon, as 53CO.000 is obtained, the organ
ization expects to buy a township in
Rhode Island, and there establish an eco
nomic Utopia for men and women
WHERE IS DAVIS?
He Was in Kern County, Cai.,
a Month Ago,
SWORE TO AFFIDAVIT THERE
j
Bnt His "Whereabouts Are Again
Swallowed Up in Mystery Makes
Ingenious Response to Suit
Against Him for His Bond.
SALEM, Or., Oct. 7. George W. Davis,
ex-clerk of the School Land Board, to
day filed an answer In the suit brought
against him and his bondsmen by Attorney-General
Blackburn- The answer wa3
sworn to by Mr. Davis September 14; in
Kern County, Cal.. before Ronald McDon
ald, a notary public. There Is nothing to
show what part of Kern County Mr. Da
vis Is in.
The complaint filed against Davis- was
upon his bond for $5000, and it was al
leged that during his term of office he
collected $30,932 08 more than he turned
Into the State Treasury. Judgment was
asked for $5000, the amount of the bond.
The answer filed by Mr. Davis Is signed
by E. P. McCornack and George G. Bing
ham, his attorneys.
In his answer Mr. Davis denies the al
legations of the amounts of his collec
tions and disbursements, "except as here
inafter alleged," and then denies "that
the terms or conditions of the undertak
ing set forth in plaintiff's complaint here
in have been broken or violated In .that
this defendant wholly or at all faljed to
pay over to the State Treasurer Immedi
ately, or at any time, or at all, the sum
of 130,932 08, or any part thereof,' of the
moneys so alleged to have been" collect
ed by him as the clerk of said "board, or
that the whole or any pari of such
amount Is now due or owing to the plain
tiff from this defendant, or jfemalns un
paid, or that by reason thereof, or any
other reason, plaintiff has' been or is
damaged in the sum of JaCOtJ, or any other
sum or amount of money whatever or
that said sum of $3000 o? any other sum
or amount of money whatever is now due
or owing from this deferrdant to the plain
tiff, or has been due of owing or unpaid
since the 31st day of, July. 1895, or any
other date or time whatever."
Denies the Bond.
In a paragraph which admits the execu
tion of the -undertaking set forth In the
complaint. Mr. Davis denies that the un
dertaking was a bond, thus disclosing thrtt
an effort will be- made to distinguish be
tween a bond, called In law a sealed In
strument, and an undertaking such as Is
required of a public officer. The Import
ance ot this hes in the question whether
the undertaking outlaws In six years or
in 10 years, for If in six years the stato
is' barred from recovery by the statute of
limitations."' .
"4'4ai';&Ir
Davis then- sets up his defenses; in;
further and separate answers. He alleges
that during his Incumbency prior to Jan
uary 1, 1S95, he collected large sums of
money" and paid over large sums of money
to the State Treasurer; that prior to Jan-,
uary 14, 1895, he made a full statement of
all moneys by him collected and of all
moneys by him paid over to the State
Treasurer, between July 11, 1891, and De
cember 31, 1894. which statement was sub
mitted to the Legislative Assembly of 1S95.
He sets forth all the facts regarding the
appointment of a joint Investigating com
mittee, the favorable report of the com
mittee and the adoption of the report. He
then alleges "that the said action of tho
said Legislative Assembly of the State of
Oregon amounts to and Is a discharge of
this defendant from all liability what
ever to the State of Oregon on account of
moneys by him collected as clerk of tho
board of commissioners for the sale of
school and university lands. Included with
in the aforesaid dates."
State Has No Valid Claim.
Another defense, of a similar nature, 13
that there was an accounting and set
tlement between him and the state for
all moneys collected prior to January 1,
1SS5, and that on said accounting and set
tlement Is was found that his cash ac
counts were absolutely correct, and all
moneys by him collected had been ac
counted for, and that he was not Indebted
to the plaintiff in any sum whatever.
It Is also alleged that during his Incum
bency, after January 1, 1S95. he collected
$60.621 46, and paid over the whole of
that sum.
The last defense Is that this action did
not accrue to plaintiff within six year3
before the commencement of this action.
Response by the State.
Attorney-General Blackburn has filed a
motion to strike out parts of the Davis
answer and has demurred to all the de
fenses. There has also been filed a stip
ulation between the state and Davis at
torneys, in which it Is agreed, for the
purpose of the trial In this case, that
there was a shortage of $30,981 98; that the
shortage occurred prior to January 1,
1S95. and that fact Is the basis of the
plea of the statute of limitations; that
the shortage existed when the legislative
committee examined the books, but that
said shortage was not discovered by or
known to the committee or the Legisla
ture. It is also agreed that the legis
lative Investigation report and adoption of
the report constitute the only accounting
and settlement. It is agreed that "If these
facts are not sufficient to constitute a
defense, then judgment must be rendered
against defendant Davis, as prayed for
In the complaint: if they do constitute a
defense, judgment should not be entered
against him."
Judge Burnett heard arguments In part
on the motion and demurrer. The case
will be tried by the court without a jury,
questions of law only being presented.
CZOLGOSZ NOT TO BE SEEN.
Assassin Will Gain no Notoriety
While in Prison.
ALBANY, N. Y.. Oct. 7. State Superin
tendent of Prisons Collins has given or
ders that Czolgosz, the murderer of Pres
ident McKlnley, must not be subject of
notoriety while In Auburn prison await
ing electrocution. He must not be seen,
and visitors must not be permitted to
enter any part of the prison where knowl
edge might be gained of his location.
The warden of the prison has been In
structed to Inform the guards and other
employes of the prison that the divulg
ing of any Information concerning him
or his dolnga will be considered a grave
breach of discipline, and will be dealt
with accordingly.
Missing Texas Editor Found Insane.
NEW YORK. Oct. 7. Luther S. Bed
fotd. the Southern editor who failed to
keep an engagement with Rev. Dr. Park
hurst, and who disappeared In thLa city,
causing his friends and relatives consider
able anxiety, has been found by John Glt
terman, a New York attorney. Mr. Git
terman made the technical complaint that
Mr. Bedford Is mentally irresponsible.