Morning Oregonian. (Portland, Or.) 1861-1937, November 23, 1904, Image 1

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VOL. XLTV. 2sT0. 13,715.
Roosevelt Gives a Word
Picture of Him,
Interest of All, No Class, In
spires His Every Action.
President Discusses Problems Society
Faces in Introducing Author of
"The Simple Life" to Wash
ington Audience.
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
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
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
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
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.
"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.
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
The exhibits were chosen from the for
estry, fish, mining, agricultural and In
dustrial displays.
Governor of Alaska Is
His Record Counts for
Than Political Pull.
Assistant Attorney-General Reports
His Administration Able and Hon
est, and These Facts Weigh
Heavily With Roosevelt.
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-
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.
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.
Withdrawn for Irrigation Purposes.
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.
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.
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
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
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.
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
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.
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.
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
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
Prosecution Scores in
Land Fraud Case.
Statute of Limitations Does Not
Apply to Evidence,
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
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
"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
"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
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
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.)
Russian Sailors Did Not
Spare Women.
Officers Undressed Themselves
on Public Square.
Man Who Attempted to Defend His
Wife Is Beaten Into insensibility
Stones Hurled at Buildings
arid Great Damage Done.
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
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".
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
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.
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.
'4 .