r -Tj- ar- sb' - VOL. XLTV. 2sT0. 13,715. POKTLAND. OKEGON, WEDNESDAY, NOVEMBEB 23, 1904. PRICE FIVE CENTS. 1 IDEAL IN Roosevelt Gives a Word Picture of Him, NEITHER HATES NOR ENVIES Interest of All, No Class, In spires His Every Action. TREATS 'FELLOW ON WORTH President Discusses Problems Society Faces in Introducing Author of "The Simple Life" to Wash ington Audience. WOEDS OF EOOSEVELT. The ideal man should be Just and gen erous, tbe broad-minded man is as in capable of arrogance if rich as he Is of malignant envy and hatred It poor. The brutal arrocaqco of a rich man who looks down upon a poor man be cause he is poor, and the brutal envy and hatred felt by a poor man toward a rich man merely because he is rich, are at the bottom the manifestation of the same vice. No republic can permanently exist when it becomes a republic of classes. We can keep this a republic only by treating each, man on his worth as a man. What we need to have Impressed upon us is that it is not usually the root principle of the vice that varies -with, variation in social conditions, but that it Ui the manifestation of the vice that varies. WASHINGTON, Nov. 22. President Roosevelt introduced Rev. Charles Wagner, the author to a large audience at the Lafayette Opera-House this af ternoon, where ho delivered a lecture on "The Simplo Life." The President presented Mr. Wagner to the audience in the following words: - .This Is 'the first, and will be the only time, ,ilnfsg my 'Presidency that I shall eyr intro JiKC rj-caier to. an audience, -aait" I ani more thari glad to ido it. In this instance, be cause If -there is one book which I should like to have read as a tract and- also, which is not lavariably true of tracts, as an Interesting tract, by all our people, it Is "The Simple X4fe," written by Mr. Wagner. There are other books which he, has written from which we can gain great good, but I know of no other book written in recent years, whether here or abroad, which, contains eo much that we of America ought to take to our hearts as is con tained in "Thp Simple Life." I like the book because it does not merely preach to the rich and does not merely preach to the poor. It Is a very easy thing to ad dress a section of the community in reproba tion of the forms of vice to which it is not prone. What we need to have impressed upon us is that it is not usually the root principle of the vice that varies with variation in social conditions, but that it is the manifestation of tbe vice that varies ; and Mr. Wagner has well brought out the great fundamental truth that the brutal arrogance of a rich man who looks down upon a poor man because he is poor, and the brutal envy and hatred felt by a poor man toward a rich man merely because he is rich, are, at the bottom, the manifestation of the same vice. The arrogance that looks down in one case, the envy that is felt in another, are really exhibitions of the same base and un lovely spirit that happens to be in one case in different surroundings from what it is in an other case. The came kind- of a man who would be arrogant in one case 19 precisely the Kina of a man who would be envious and ailed with hatred in the other. The Ideal man should be Just and generous; the broad-minded man is as Incapable of arrogance if rich as he is of malignant envy and hatred If poor. Only Way to Maintain Republic No republic can permanently exist when It becomes a republic of classes, where the man feels not the Interest of the whole people, but the Interest of the particular class to which he belongs, or fancies that he belongs, as being of prime Importance. In antiquity, republic failed as they did because they tended to be come either a republic of the few or exploited the many, or a republic of the many who plundered the few, and In either case the end of the republic was never in doubt. Just so in one case as in the other, and no more so in one than in the other. We can keep this republic true to the principles of thoao who founded And of those who afterward preserved it; we can keep It republic only by remembering that we must live up to the theory of its founders, to the theory of treating each man on his worth, as -a -man. -neither holding It for or against him that he occupies any particular suction, in life, eo long as he does his duty fairly and. well by his fellows and by the Na tion as a- whole. So much, for the general philosophy taught so admirably in Mr. Wagner's book. I might say books, but I am thinking" especially of "The Simple Life," because that has been the book that has appealed to me. Now a -word with special reference to his address to this audience, to the Young Men's Christian Association: The profound regard which I have always felt for those responsible for the work of the Young Men's Christian Association and . the Young Women's Christian Associations is largely because they have practically realized, or at 'least have striven practically to realize the Ideal of adherence to the text which, runs, "Be ye doers of the word and not hear ers only. If you come here with only the idea of passing a pleasant afternoon and then go home and do not actually practice some of Mr. Wagner's preachings, then small is' the use of your coming. It is not the slightest use to hear the word if you don't try to put it Into effect afterward. The Young Men's Christian Associations have ac complished much because those who hare managed them have tried practically to do their part in bringing about what is expect ed in the phrase, "the fatherhood of God and brotherhood of men." Geea Associations Caa Accomplish. ' We can act individually or by associations. I Intend to illustrate by a couple of exam ples what I mean by a man acting indl vldually. and what I mean by a man acting in associations with bis fellows, I hesitated -whether I would use, as I shall use, the names of the people whom I meant, but I came to the conclusion that I would, be cause the .worth of an example consists very largely In an understanding that the ci- zsplo is a real one. I have been interested Jer a. number of years In the worklnr of the Civic Club in New York, which was started and superintended by Norton God dard. It is a club on the East Side of New York City, the range of whose membership includes a big district extending from It ingtoa avenue to the East River. Mr. God dard realized that such work can be done to the "best advantage only upon condition ot there being hearty sympathy among those doing It. There are a great many people so made In this world (I think most ot us come under the category) that they would resent being patronized about as much aa being wronged. Great good can never be done if it is attempted in a patronizing spirit, Mr. Goddard realized that the work could be dene efficiently only on condition of get ting into close and hearty touch with the people through whom, and with whom, he was to work. In consequence this Civic Club was founded, and it has gradually extended It operations until now the entire club membership of 3000 or 4000 men practically form a committee of betterment in social and civic life; a committee spread through out that district, each member keeping a sharp lookout over the fortunes of all his immediate neighbors. Therefore, any case of .destitution or great suffering in the dis trict comes to the attention of some mem ber of the club, who then reports it at headquarters, so that steps can be taken to alleviate the misery; and I have reason to believe that there has been. In consequence, a very general uplifting, a general increase of happiness, throughout the district. If we had a sufficient number of clubs of this kind throughout our great cities, while we would nof by any means have solved all of the terrible problems that press upon us for solution in connection with municipal mlsgovernment and the overcrowding, mis ery, vice, disease and poverty of great cities, yet we would have taken a long stride for ward in the right direction toward their so lution. So much for the example that I use to illustrate what I mean by work In com bination. What Individual Should So. As an example of what can be done, and should be done, by the Individual, I shall men tion something that recently occurred in this city of Washington, a thing that doubtless many of you know about, but which was un known to me until recently. A few weeks ago, when I was walking back from church one Sunday, I noticed a great fire, and found that it was Downey's livery stable you recollect it three or four weeks ago. Through a train of circumstances that I wljl not mention, my attention was particularly called to the case and I looked into It- I had long known of the very admirable work done with singular mod esty and self-effacement by Mr.' Downey In try ing to give homes, and to be himself a friend of those in a sense friendless in this com munity, and I, by accident, found out what happened in connection with this particular incident. It appears that last Spring Mr. Downey started to build a new stable. His stable is next door to a colored Baptist Church. Mr. Downey is a white man and a Catholic, and those nelchbors of his are colored and Bap tists, and their kinship was simply the kinship of that broad humanity that should underlie all our feelings toward one another. Mr. Downey started to build his stable and natur ally enough wanted to have it as big a stable as possible, and build it right up to the limits of his land. That brought the -wall close up against the back of the colored Baptist Church, cutting out the light and"alr. The preacher called upon hint and told him they would like to - purchase a strip six feet broad of the ground of Mr. Downey upon which he was in tending to build, as it would be a great incon venience to them to lose the light and air; that they were aware it was asking a great deal of him to cramp the building put of which he Intended to make his living, but that they hoped he would do it because of their need. After a good deal of thought? Mr. Downey camo to the conclusion that . ought to ciant the request, and so be notified them thc he would change his jlan make a somewhat smaller bulldlns and .sell them the six feet of land in the strip adjoining their church. After a little while the preacher came around with the trustees of his church and said they very much appreciated Mr. Downey's courtesy and were very sorry they had bothered him as they had, because on looking into the affairs of the church they found that, as they were al ready in debt, they did iiot feel warranted in Incurring any further obligations, and eo they had to withdraw their request. They thanked him focbi kindly purpose and said good-bye. But Mr. Downey found he could not get to sleep that night until finally he made up his mind that as they could not buy it he would give it to them anyway, which he did. But, unfortunately, we know that the tower of Elloam often falls upon the. Just and unjust alike, and Mr. Downey's livery stable caught Are and burned down. It was said that that morning the Baptist Church was in eesshm next door to him and the clergyman stopped and bald: "Now you women stay here and pray, and you men go straight out and help our bene factor, Mr. Downey," and go out they did and got his horses all out, so that none of them were burned, although he suffered otherwise a total loss. Now I call that a practical applica tion of Mr. Wagner's teachings. Here in Washington we have a right to be proud of a citizen like Mr. Downey, and if oniy we can rtni-plnn nouch such citizens we snail iur out Just the kind of community that doe not need to cut wii aiwayo uo - Simple Life." the author of which I now intro duce to you. AIRSHIP UP BUT SHORT TIME "Montana Meteor" Meets With Slight Accident at St. Louis. ST. LOUIS. Nov. 22. After remaining In the air for 45 minutes, only fdr a brief period of -which It -was propelled by its own nowcr. the "Montana .aieteor. tae circhin designed and constructed by Thomas Benbow, of Columbus. Mont., was brought safely to the ground in an open field three miles southeast of the World's Fair aerodrome. The alrshlD -was navigated by the in ventor, -who stated to a. representative of the Associated Press after the flight, that he considered it very successful In the licht of the accident that happened to his machinery. A leak In the- gasoline tank allowed all the fluid to escape, and rendered his motor useless shortly after ho had started the flight. Benbow "was also handicapped by having too much gas in his balloon, and it was necessary for him to allow some of the hydrogen to escape during the flight. For that reason. he did not start the motor until ho had drifted with the wind for nearly a mile. During the brief time that the motor was working, the airship made headway against the wind and answered its ma der perfectly. Shortly after, - Benbow started his motor he found the gasoline had become exhausted, and allowed the Meteor to drift with the wind until he found a landing place. According to Benbow, he will make an other flight tomorrow, as the damage in tho gasoline tank can be repaired in i few minutes. ITNE EXHIBIT FOB '05 FAIR. Exposition Gets Pick of Three Philip pine Displays. ST. LOUIS, Mo.. Nov. 22. (Special.) The Chronicle this evening says a mag nificent exhibit from the displays in the Philippine reservation has been purchased by the Lewis and Clark Exposition Com pany or $10,000, to be moved to Portland Immediately after the;close of the World's Fair. The exhibits were chosen from the for estry, fish, mining, agricultural and In dustrial displays. ADY HOLDS ON Governor of Alaska Is Reappointed. WINS OVER STRONG MEN His Record Counts for Than Political Pull. More DAY PRAISES THE EXECUTIVE Assistant Attorney-General Reports His Administration Able and Hon est, and These Facts Weigh Heavily With Roosevelt. GOVERNORS OF ALASKA. MILITARY General Love 11 II. Rousseau.. 1867 CIVIL John II. Kinhead 1SS4-1S85 Alfred P. Swlneford........I885-lSS9 Lyman E. Knapp 18SB-1893 James Sheakley 1893-1KU7 John G. Brady 1S07- OREGONLVN NEWS BUREAU, Wash ington, Nov. 22. President Roosevelt today reappointed John O. Brady Governor of Alaska at a salary of $5000 per year. This is Brady's third con secutive appointment to this office, hav ing been originally named by President McKlnley June 23, 1897, and reappoint ed by him June 6, 1900. Brady's second term expired Juno C, 1904, about which time he came to Washington and con sulted with the President and the Secre tary of the Interior as to the prospects of his reappointment. He found on file applications from numreous Alas kans who sought the Governorship, one ot them Indorsed by the Senate com mittee which, visited Alaska last Sum mer, and others recommended by Cham bers of Commerce and large Interests In Alaska. The President deferred making an appointment until after he had a re- J port on Tne. Governorship, from Assist? t ant AttorrLy-Gtfneral Day. rtci Wni & Alaska primarily to Investigate Che iu- dlclary- Day'o report testifies to the Governor's honesty and integrity, and' points out that his seven years' admin istration has been absolutely free from scandal, something remarkable in Alas ka. Satisfied with Brady's reliability and honesty, the President, on Brady's own record and the report of Day, re appointed the Governor, turning down men with considerable political hack ing. J (John Green Brady was born in New York, In ISO. He received his early edu cation from Judge John Green, of Tipton, Ind., to whom he was sent by the Chil dren's Aid Society, of New York, In 1639. Later he worked his way through Yale and Union Theological Seminary, where he graduated. He secured an. option on 1700 acres of land In Texas, where he pro posed to establish an industrial reform colony for New York slum boys, but on account of the lack of funds It was aban doned. He went to Alaska as a mission ary in 1873 with Dr. Sheldon Jackson; later became manager of tbe Sitka Trad ing Company. He was appointed Gov ernor ot Alaska June 16, 1S97, a position he has held ever since, and to which he has just been reappointed.) Aberdeen to Have National Bank. OREGONIAN NEWS BUREAU, Wash ington, Nov. 22. Applications to or ganize National banks were approved today as follows: The Washington National Bank, ,of Aberdeen, Wash., with a capital of $50,- 000, by Bamford A. Robb, Bamford Robb, W. X. Morley, C. M. Demores and W. B. Lowrie. The First National Bank, of Preston, Idaho, with a capital of $25,000, by James Plngree, Joseph Scowcroft, John C. Graves, T. W. Nelson and Lewis S. Pond. Withdrawn for Irrigation Purposes. OREGONIAN NEWS BUREAU, Wash ington, Nov. 22. The Secretary of the Interior today temporarily withdrew from all entry about 9000 acres of land in Idaho for tho Tekoa reservoir site, in connection with the Palouse irriga tion project in Washington. This land is along the Idaho state line, just a few miles east of Tekoa. The reservoirs will be located in townships 44 and 45, ranges 5 and 6. Rural Route for Hiilsboro. OREGONIAN NEWS BUREAU, Wash ington. Nov. 22. Rural free delivery route No. 4 was today ordered estab llshed December 15 at Hiilsboro, Washington County. Oregon, serving 44S people and 112 houses. PANAMA IS AGAIN QUIET. Minister Barrett Reports Army Has Successfully Disbanded. WASHINGTON, Nov. 22. John Barrett, the American Minister to Panama, cabled the State Department today that quiet prevailed throughout the isthmus; that General Huertas has left Panama lor his country home, and that the army had successfully disbanded, with the excep tion of 25 men, who were retained to meet the statutory requirement for a standing army. The cablegram alleges that order has been restored, without the interven tion of the American marines, and that the Panama Government is.grateiui xor the advisory assistance rendered by American officials In quieting the trouble. It adds that the preparations for the en tertainment of Secretary Taft havo been completed. Railroad Reduces Salaries. PANAMA, Nor. 22. The Panama Rail road, owing to the Increase In the value of silver coinage, has reduced the salaries of its laborers. The basis for the reduc tion is that the gold dollar is equal to two pesos. Should the laborers not ac cept this reduction, the company intends to bring Fortunate Island laborers to the Isthmus. TAFT SAILS FOR PANAMA. Rensacola Chamber of Commerce Shows Secretary Attention. PENSACOLA. Fla.. Nov. 22. Secretary Taft and his party arrived at 7:35 o'clock this morning on the Dolphin from New Orleans and sailed for Panama at noon on the Columbia. Tho Secretary was met by a committee ot Pensacola citizens rep resenting the local Chamber of Com merce. Secretary Taft was accompanied by Mrs. Taft With him on the Columbia are Ad miral Walker, Senor Obaldla, Panama nian Minister, and Mr. Cromwell. The Dolphin took the rest of -the party. Be fore leaving Secretary Taft stated that he would return to the United States within 15 days. FEDERAL OFFICIALS TREMBLE They Fear Roosevelt's Two-Term Pol icy May Put Them Out. WASHINGTON, Nov. 22. (Special.) Official Wasulngton is agitated over the fear that the President's two-term policy may be extended to Include Fed eral officeholders. There have been whisperings from those who come from the White House that the President seems to believe that eight years of service ought to suffice for a certain class of Government employes. It is customary for members of the Cab inet, the numerous secretaries and offi cers In the diplomatic and consular service to tender their resignations to the President when the latter is inau gurated. It has been the practice for the President to reappoint the great majority of those officials. If the Post masters and those high in the customs and other service must bow to the two term idea, thero would be almost 100,000 places to be filled under the now ad ministration. 'Noted Financiers Coming to Coast. SALT LAKE CITY, Nov. 22,-Jocob H. Schiff, head of the banking firm of Kuhn, Loeb & Co., and a high authority la Union Pacific, Southern Pacific, Oregon Short Line and other systems, is expected to arrive here tomorrow night. Accompany ing him are Sir Ernest Cassel and Sir Robert Fleming, of London, who repre sent foreign bondholders of Harriman se curities. Vice-President Bancroft, of the Oregon Short Line, who Is also general manager of the Southern Pacific, will meet the visitors and escort them to San Francisco, leaving Ogden for that city Thursday morning. vnn ''wmo vr. mrT -rir -nc-n-ni. ; 'XTa f TBSTERDAVltjCsiirRlmum tcro- jcraure, uu urarer; wiDuaiot; 43 Gegrees.. FreclDltatlon. -49 of an inch.'." TODAY'S WEATHEk Rain. Southeasterly winds. National. John O. Brady is reappointed Governor of Alaska. Pag-e 1. Land Commissioner Blchsids urns no more forest reserves be created until experts re port. Page 5. Caaa of Senator Burton, of Kansas, accused of accepting bribe, la advanced for trial next Monday by Supreme Crt. Pace S. Rosso-Japanese War. Russian sailors' orgy at Canea proves a more disgraceful affair than first reported. Page 1. Russians make capture of Port. Arthur more difficult. Page U "War nurse who allowed herself to be cap tured by bandits did so with the hope of finding her lover. Page 5. Russia Zemstvo- Convention. Russian Liberals, tram Von Plehve clique, not to try to prevent reforms piannea oy .Minis ter of Interior. Page 3: Zemstvos will present their memorial to the Czar today, but hardly expect him to yield. Page 3. Torelga. Snow Is reporVdthroughout the United King dom, and there is great misery in usncon. Page C. "Destie. President Roosevelt gives word picture of the ideal man In introducing author ot "The Simple Life." Page'l. Actress Nan Patterson nearly collapses -when skeleton Is produced to show course taken by bullet that killed Caesar Young. Page 4. Socialist leader in Federation of Labor de nies authorship of pamphlet giving the im pression that Gompers and Mitchell are traitors. Page 4. Thomas W. Lawson aaakes defiant answer to lawyer who sues him for $330,000. Page 4. Sports, San aMs Tacoma to win ten-inning game from Portland at FresaoPage 11. f Oregon protetts'SiarJef F. Dolph, ot Multno mah, as professional?' Page 11. f PacMeCoast. Oregon Maste rj. tFlh'TarJ en recommends one closed day in week for salmon. Page 6. Lauth on trial at Oregon City for the murder of Mrs. Jone Paget. Idaho Penitentiary JKB-tands off would be successor with an. Page G." w" Blood-smeared, gun that ended lives of Au burn, CaL. famlly Is'-found. Page 6. rertiaad aaf Tlelnlty. Government wins first ?' point in land-fraud case. Page. 1. Eugene Blaxlerls coa-fieted of gambling and accustd by.SJude Frater of perjury. Page 10. S' ? Experts dtopfe! testlsseny of City Engineer as to oew i-length. Page 16. T .-xi5 and cirfkTsJr authorities asked to ap propriate -fSOOa., for educational institutes and religious coniereaoie- jtc n. Poolroom case, will ho argued today. Page 14. Albert J. CUrVand MIj. CecUa. Duie married In secret. TxmlO. t National GranyevWtsj-ConaJIls. Page 14. Contest for Presidency of State Senate begins to be active Page l. Executors of JHT&har4,'eUte mail Tbanksglv- ing checks charitable institutions. Page Mrs. E. H. Goodwin causes arrest of truant husband after transcontinental chase. Page 10. Dr. A. 7 Martin advises friends of IPOS Ex position to use blogriphs. Page 14., CeaMBercial aad Mariae. Turkeys In strong tferaand at good prices. Page 15. San FrancJflco turkey market breaks: Page.15, Rains-In Argentina, cause higher wheat mar kets. PageilS. Stocks break on flurry in call-money market. Page 15. Steamer F. A. XUfmrji arrives on her first trip.- 'Pae 7. fmw. esea.De .of .Bdtieto shin Arracan oft Vascoaver cest. 'Page, 7. Cotumbte.' River -bar. hs deeper channel as re- swlt C tty tii FIRST P0INT1N Prosecution Scores in Land Fraud Case. DEFENSE IS OVERRULED Statute of Limitations Does Not Apply to Evidence, JUDGE BELLINGER ADMITS IT Documents Upon Which Government Relies to Prove Conspiracy, Dated Three Years Before Indict ment, Before the Jury. The second day of the McKlnley-Ware conspiracy case accomplished little, but was rich in oratory, in words and objec tions. The plans of the attorneys were outlined and one witness was examined, but the whole day was taken for the task. At the adjournment 16 documents from the Oregon City Land Office had been bound and swathed in remonstrances from the defense and submitted as evi dence, while Charles B. Moores, former Register at the office had recognized his own signature and that of Judge William Galloway, the former Receiver. Hardly had the staggering second hand of the court clock crossed the point of 2 when Judge Bellinger entered the room with his habitual armful of books, and the second day of struggle began. From the first it was evident that both sides would allow no chance to pass by which advantage could be gained over tho oppo nent. Almost before Mr. Hall had made his opening statement the trouble began. and It only ended with the close of the day. John Hall, for the prosecution, outlined his course of attack, and showed what the United States would attempt to prove. while, on the other hand. Judge Thomas O'Day in his reply showed, to a certain extent, the hand of the defense. Contention of Defense Overruled It will be one of the contentions of the iofense that there ran ye no. leja indict ment or conviction ot tho "ilefendaritai ?vt this time, and under the present proceed ings, because the conspiracy Is beyond the pale of the statute ot limitations. This point was made clear in an objection raised by Judge, 1L I. Pipes to the 'in troduction of the filing affidavits and rec ords of proof brought by the prosecution from the Land Office at Oregon City and desired to be used as evidence in the case. These papers were dated in December, 1300, while the- indictments were filed on March 14, 1304, more than three years after the time of the alleged conspiracy. This contention Is answered by the pros ecution with the claim that the papers are entered not to prove the conspiracy directly, but to show the Intent, to lay bare the use of fictitious names and to show that there was a plan in embryo. though its consumniatlon did not work out for some time afterwards. This view was taken by the court, who overruled the ob jection of the defense and admitted the papers as testimony. Another thing of note was the statemen made by the defense that if, as was charged in the indictment, fictitious names had been used by the defendants and false affidavits had been made, this fact in Itself would clear the defendants of the charge hanging over them, for the reason that if tho names were fictitious and the affidavits were false these conditions would make any title granted by the Government voidable and ot no effect; and that tho title had not passed from it; and If this was so, no harm had been done, the Government had not been de frauded, and consequently there had been no conspiracy In fact, and, though acts morally wrong might have been done, no crime had been committed punishable by the court. John Hall Makes Address. District Attorney John H. Hall opened the work of the day by making his ad dress to the Jury. In beginning he cited the statute under which, the indictment was prepared, as section 5440 of the Re vised Statutes, known as the conspiracy statutes. The object of them was to prevent two or more persons from com bining together for the purpose of .com mitting any crime against the Govern ment in any way. In continuing his argu ment. Mr. Hall said: The Government will attempt to show to you. gentlemen of the Jury, that these defendants combined together to defraud the Government out of public lands, by the use of false affidavits and fictitious names, that these names and papers wero- passed through the tana onice ana pat ents were Issued upon their representa tion. "It i3 your duty to decide whether or not these persons did combine for the pur pose of defrauding tho Government by obtaining unlawful uue to puduc iana "If we can show, and we can show from the acts, that they were working for a common purpose and to a common end of fraud, we prove the conspiracy It is not necessary that all be in tne conspiracy at the beginning. If two start a third can ioln later, and a fourth latert still, but if, at any time, .fraud "s practiced and illegal means employed for & common end, all are guilty before the law and are deemed conspirators from the first. "It is not- necessary that the -parties know each other, or meet, so long as thev are woklnr for a common object. and each does something to further the general plan. If all are la sympathy. and but one. does the overt act. all are. sniUtv under the statute. These people are charged with defraud tnsr the Government of land' In townahla 11 south, of rang 7 east, 14 the. C4sca4e Forest Kecerve. west e Mewnt Jeer son, on the tributaries ot the Santiam. The prosecution will show that one of these parties, Mrs. Emma L. Watson, under the name ot Emma I. Porter, appeared at the Oregon City Land Office and made a filing on a tract of land, representing that she had lived there, and that she brought evidence of parties, partly fictitious, and after making proof was given a patent by the Government. That this title was then conveyed to Mrs. Emma L. Watson. We will show that Frank Wolgamot did the same thing and transferred his title to Mrs. Watson. Harry Barr did likewise. So far as we can discover, out of 16 cases, tne persons making affidavit were ficti tious, or knew nothing of the facts of tne case. "We' will Bhow you that some ot these names were forged and signed by Marie ware and Horace G. McKlnley. These are . not Items of Immediate moment or punishable in this trial, but are evidences of conspiracy. We will show that, beyond any dem onstration, and I have no hesitancy In say ing that it will not be denied, that no one of these parties ever made any settlement. or resided upon, or improved the land; mat tnere are no signs of cultivation, of cabins, and that it would have been Im possible to have made improvements where they say they were made in many Instances. "We will show that the acts of Dan Tarpley. of McKlnley, in taking testi mony, of Puter and Mrs. Watson in work ing to secure patents, all tended to show conspiracy. We will show that each as sisted In furthering the plan until the conspiracy was-consummated." , Mr. Hall finished his address at 1030. about 25 minutes after he commenced to speak. He was followed by Judge Thomas O Day, for the defense, who held the at tention of the court until 11:30. Judge O'Day for Defense. Judge O'Day is not only a historian. but a student of the Bible as well. Dur ing the remarks of Mr. Hall, Judge Bel linger occupied the witness-stand In order to be able to hear all that was said, for Mr. Hall uses a soft, persuasive voice In speaking. In commencing. Judge O'Day stated that he had been very much In terested in the remarks of the prosecu tion, but that he would now desire to call tho attention of the Jury to a few facts. Ho called attention to the statement of the District Attorney in which that offi cial had said he would prove that the defendants had committed overt acts of conspiracy. The Judge promised to define the word for the enlightenment of the Jury before he had finished with the case. Ho also wanted to caution the Jury that it was the duty of the prosecution to prove beyond a reasonble doubt that conspiracy had been entered into for the purpose of defrauding. Tt does not make any difference." said the speaker, "how many overt acts are committed, provided the Government is not defrauded thereby. The prosecution must also show the agreement to defraud before he can convict for fraud." The Judge then showed his historical ability by a review of the land laws ot the United States. He commenced at about the time of tho voyage of Columbus and proved that either at that time or shortly afterwards there had been what might be called Government lands. Much later, after the Revolution, in fact, some of the states had deeded their lands back to the Government for the good of the people. From that tlme'on until the pres ent there had been different laws -made to govern the public lands. From thl ar gument" .the speaker showed that there wera Government lands in which the Gov ernment had title and that this title- re mained with the Government until legally transferred to some one else. He also showed that the Government In the first Instance had been generous to the people, who were the Government, and had pro vided a way for them to get homesteads for their use and benefit. These laws were made for that end and purpose, but time had passed and conditions had changed, and it was the homeseeker who had to face the bars of prison if he wished to run the gauntlet of the special agents and gain him a home from the land which his Government had given him for the ask ing. "Horace McKlnley," said tbe orator, "was raised as a boy In Wisconsin, and he has been the agent of some of the great business interests of that state, and lias dealt in timber lands for them. His word has never been questioned until this time, and this difficulty arose from an old al tercation between the scrippers of the Northern Pacific and himself. 'Dan Tarpley is a young man who was raised in Salem, where he is well known. In the past two years he has been ad mitted to the bar and has been practic ing law. Against him there has been no word of blame until now." The speaker turned towards the line ot defendants and looked at Marie Ware as she sat sorrowfully In black. Then he faced the jury and held out his hand. Who Miss Ware Is. "Marie Ware." he said, and his voice took on a different tone, of sadness, "Marie Ware has been charged with, try ing to defraud the Government, of having entered Into a conspiracy to obtain illegal title to land. She whose father was one of the respected pioneers of Eugene; the Land Commissioner there, and a man who handled the money of his townsmen dur ing his life. They say that she, who suc ceeded him in office when he died, is guilty of fraud and of perjury. That she has tried to cheat her Government. "There is one criminal statute which the prosecution has. not mentioned," continued the speaker, recovering from his emo tion, "and that is the first one ever en acteA Thou shalt not make unto thyself any graven Image, neither In the form of anything in the heavens aDove or in tne "earth beneath, for the Lord thy God is a Jealous God and visits the sins of the fathers -upon the children, even unto the third and the fourth generation. I want to say that I have not fallen down to worship this. Indictment, for I have never seen anything like it in tne heavens above or on the earth below." The Judga'ithen called to mind that the informationjMiad been filed on March 17, 1904. and hfJsP'it aa a iwlnt for the defense. known to the court and established by law, that if the conspiracy alleged was proved but had been formed before March, 190L It was outside the statute of limita tions and nnder the provisions of that law the defendants' could not be prose cuted or convicted for the crime. "If the names on these affidavits are fictitious," continued Mr. O'Day, "If fraud Is here, JudgeJjSalloway, who Is there on the bench andjkho was in the Land Office when the papJKs were filed and proved. he ' was dishonest and Is a scoundrel. Charley Moores Is sitting there he was in the Land Office, and he must be a villain. He must be. for these things were pasied." Special. Agents Hover About. "When a man goes out to file upon a piece of land," said the Judge, looking at thd prosecution, "there, are as many spe cial agents hovering around, as there are soldiers in. the Philippines.- il tne man gets scared out, these agents, like tbe Arabs, silently xoia tneir ienis ana. steal awav leaving the land to the scrippers. It-te only when some poor devil of a home- .steader tries to gain a nome jtnat these Special agents howl at $5 a day and $3 for expenses. I tell you," apd" the speaker 'waved his hands at the Jury and spoke earnestly, "this matter Is simply a great :b!g scheme to cover up the tracks ot a lot of Government omciais wno nave (Concluded on Page 10.) INSULTSWNY Russian Sailors Did Not Spare Women. MORE OF GANEA OUTRAGES Officers Undressed Themselves on Public Square. PARADED BEFORE RESIDENCES Man Who Attempted to Defend His Wife Is Beaten Into insensibility Stones Hurled at Buildings arid Great Damage Done. SPECIAL CABLS. CANEA, Island of Crete, Nov. 23L Addi tional details have become known rela tive to the outrages committed by o Hears and men of the Baltic squadron whUetha ships were in this port. The authorities are evidently anxious to assuage public feeling by concealing much of what has been reported to them, but some of' the, worst phases of the brawls have never theless become public property. It ap pears that a number of officers, sodden with drink, undressed themselves in the principal square and paraded In front of the residences of several influential citi zens. Just at that time the manager of a foreign agency here, -accompanied by his wife, was returning to his home. On seeing the drunken Russians, he attempt ed to evade them by turning into a side street, but was stopped. Several of the Russians then insulted the woman in the most obscene manner imaginable. When the husband rushed at the offenders ho was seized by several of them and beaten almost into insensibility. Stories of disgraceful acts ot the Rus sians reached the authorities during the night ot the outrages. Efforts were being made to prevent a recurrence of brawls, but the police were entirely disregard ed. The broken windows In several of the streets bear witness to the work of the Russian sailors who hurled stones at everything in sights causing, considerable damugei It 13 positively knevpfe, Ibnt" many of' tb-j sailors, and, according to current rumors. some officers also, were left behind by the Baltic YHel3. Some had deserted, some evidently lost their way, others were too drunk to be able to report, and quite a number, it is believed, took particular pains to miss the time for sailing". CAPTURE IS MADE HARDER. Russians Now Have Three Linos of Defenses at Port Arthur D-nrDT.TNr 'nv 22. The Mukden cor respondent ot the Lokal Ahzelger sends the following. . "Reports ot the death of General Ku rokl persist, in spite of denials, and are revived by the Chinese coming from the Japanese camps. "First Lieutenant Sbupkoff, who has just arrived from Port Arthur, reports that the Russians have laid out three lines of defenses which the Japanese must capture before they can reach the city, nffvr- wMch thA -Russians can retire to-the coast forts, which are the strongest of all. The garrison, wnicn comprises more than 40,000 men. is in gooa spirits, meu tnrionf shnnkoff believes the fortress can hold out until at least the end of Janu ary;" Japanese Have More Available Troopc MUKDEN Nov. 22. Both armies occupy such strongly fortified positions that neither appear inclined to' attack unless possessing a preponderance of numbers, enabling a flanking movement The Jap anese probably have more available troops. Their superior mobility was late ly shown by the activity of their center. Both armies seem to receive equal rein forcements during the same space of time. Russian Crew Sent to Shanghai. WASHINGTON, Nov. 22. Mr. Fowler, American Consul at Chefoo, In a cable gram to the Stato Department today says that the Chinese Government has or dered one of its cruisers to convey to Shanghai the officers and men of the Rus sian destroyer Rastoropny, which was re cently blown up in Chefoo harbor. MEMORIAL FUND STILL SHORT McKlnley Association Will Chang Plans for Monument. NEW YORK, Nov. 22. The national trustees of the McKlnley Memorial Asso ciation, who have la their charge the erection of the McKlnley monument in Canton, O., met here today1 and viewed the design presented by the official archi tect, H. "Vanburen McGonlgle. At the close of the meeting It was stated that the sum needed had not been raised and that changes which may be necessary will be made for financial rather than artistic reasons. The drawings' are said to show a massive structure unlike either the Grant monu ment in New York or the Garfield monu ment In Cleveland. It3 situation on the top of a hill renders a beautiful approach possible, and the opportunities offered gave tho" architect an Idea which, it. k said, "would require more money than the trustees have in hand. They have now about $350,000 and need about 950,000 more to carry out the plans- as they wish. The trustees, after a long discussion, during which they endeavored to plan changes in the design to enable their means to cover the expenses and not re sult In the additional expenses tbat marked the building ot the Grant monu ment, appointed a committee to confer with the architect in regard to the changes which they will report to th trustees. The members of the committed say that they are anxious -to be aWe to start work oa the monument next spring. Among those present at the meeting George B. Corteiyou, chairman of tbe Na tional Republican Cosnarittee, Ttee-JrtM t r dent-elect Fairbanks and Alex RevH. 1 '4 .