Morning Oregonian. (Portland, Or.) 1861-1937, November 29, 1904, Image 1

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    VOL. XIIV.-N.O 13,720.
PORTLAOT, OREGON, TUESDAY, NOVEMBER 29, 1904.
PRICE FIVE CENTS.
NT By POINT
.Net is Weaving Around
Defendants.
GOOD CASE BEING MADE
Damaging Evidence Is Given
in LanckConspiracy Case.
BROSECUTJON WINNING OUT
Chicago Hotclkeeper Goes on Stand
land Gives Sensational Testimony
In Regard to Actions of Puter
. and Mrs. Watson.
scathing arraignment of "Captain" S.
B; Ormsby, of Salem, formerly forest su
perintendent, -who was accused by Francis
J. Henejr as being a conspirator against
the Government, a perjurer and one who
of right should have been indicted with
the rest of the defendants in the present
conspiracy trial, was sprung by the prose
cutlon yesterday. The discovery of an
other name for S. A. D. Puter and Mrs
Emma L. "Watson was made public, and
the .story of their arrest in Chicago under
the. assumed relation of man and wife and
while passing as Mr. and Mrs. Potter.
The prosecution Is quietly, steadily and
remorselessly weaving a chain of evl
dcnce around the defendants which would
seem to be unbreakable to a mind not
yersed In the escapements provided by the
loopholes of the law. Point after point
of objection and protest Is being raised
by the defense as the trial drags on, and
. Invariably the ruling is in favor of the
prosecution. Piece by piece the testimony
Is being plied up, the loose ends are being
united, as promised by the counsel for
the Government, and with many more
witnesses to come It looks to the spec
tator as though the defense would have
to have sharp evidence and a very acute
rebuttal to snap the cords and free their
clients..
The session opened yesterday morning
fey the prosecution recalling G. R Ogden
tho -clerk In the registry department of
the General Land Office, to identify the
rpnnrtn and affidavits of S. B. Ormsby.
-.' Mr: Ogden told of how he had sent C. EL
vLoomis to the contested claims in town
ship 11 south, range 1 cast, to report on
the validity of the entries and Improve
ments; of how the report had come back
:sschlv favorable, hut not satisfactory.
' 'Snd.h'ow ho had directed, at the order of
theJdeoartment that S. B. Ormsby make
a Supplementary report covering the same
ground as that taken by Loomls.
After having established the fact by the
-witness that Ormsby had been eent out on
a special mission hy the department and
was therefore qualified to take an am
davit under the ruling of the Interior
.Deoartment Mr. Heney asked that the
affidavits and report of the forest super
intendent be placed in evidence. Counsel
for the defense objected on the ground
that the evidence -was immaterial and did
not tend to connect the defendants in any
. -way with the facts charged in the indict
ment
"We expect to show," said Mr. Heney.
In answering the objections, "that S. B.
Ormsby was! sent out by the Government
on this mission of Investigation: that he
made false and fraudulent reports to the
department representing that the land
had been cultivated and the claims im
proved when they had not; that he was,
in fact, a conspirator with these defend
ants, and had been induced by them to
make false and fraudulent affidavits in
Runnort of his report and their allegations,
He is-, a conspirator, and should have been
Indicted at the same' time with these de
fendants, and he is now facing the trial
for his offense.'
The introduction of the evidence was
allowed by the court and the report was
then read in the case of all the claims
under present consideration. The Teports
submitted to the department by Ormsby
were practically the same as those made
urevlous to that time oy u i. ioomis,
the special agent who made false repre
sentations to the department, and covered
the same ground as to improvements and
cultivation.
Made Bogus Report.
In the Emma Porter claim the superln
tendent reported that four acres had been
put under cultivation, that there was
over an acre in garden and all was fenced
with a good pole-and-brush fence. There
were two log houses reported, ail lm
provements being valued at $300. On the
Wnlsramot -claim, so Mr. Ormsby said.
there had heen live acres cleared and a
good log house had been built. The garden
" had been cultivated recently and all im
nriavements wero 'valued at ?500 when
made.
Mr. Heney next brought out the letter
written by Senator John H. Mitchell to
Singer Hermann, in which were inclosed
the affidavits of Emma watson ana a. a.
D Pater In regard to the 12 claims held
up by the department on suspicion. The
personal letter from the Senator had
asked Mr. Hermann to take speedy actios
on the claims if possible and see that
they were expedited in their passage
ihrrmrh the office.
aciv Ogden identified the letters as hav
fnsrbcen seen and handled by him.
""JVere those letters considered in the
passage of the claims through the office
to final patent?" asKeo. air. ieney
"Yep," answered the witness, "they
were taken Into consideration in "making
the final papers."
Judge Pipes objected to the introduction
of the papers on the ground that they
were- Immaterial.
Mr. Heney took the opposite view of the
matter, however. "Our position in tho
matter is this." he said: "The evidence of
Hermann sufficiently establishes th
authority of Mitchell in transferring the
papers so that his act in the transmission
is. in effect, their act. My purpose in of
fering the letters is to show that the
affidavits were Used with the knowledge
of Puter and "Watson: that they were in;
. troduced with the assistance of Mitchell.
and that the fact of their being found In
the office is proof that the defendants are
connected with them and through them
with the conspiracy." Tho letters were
admitted.
A. S. Dresser, of Oregon City, was
called hy the prosecution. Mr. Dresser
testified that he was the Register of the
Oregon City land Office. He produced
i the original patents issued in the cases
. Mattie 8. LawelL, William McLaughlin,
A. O. Austin, J. R, Foster, James "Wake
field, Christie E. Xiangham and James A.
Taylor.
'We now take up the track of the seven
ciflfrrtfl other than those accounted for
and transferred to Emma I. "Watson,"
said Mr. Hall, who read the dates and
signatures In niacins them in evidence.
Each was signed by T. Roosevelt, Presi
dent.
"I don't suppose that you claim the
President was one of the conspirators?"
Interrupted Judge O'Day. Mr. Hall looked
surprised.
"WelL" explained counsel for the de
fense, "I Just saw the name of the Presi
dent as another officer of the Government,
and thought maybe he might be one of
the conspirators; everyone else seems to
be."
"It the counsel won't get . facetious,"
said Mr. Hall gravely, "we will find con
spirators enough to satisfy even him be
fore we are done with the case."
Offer Deed in Evidence.
The prosecution then offered a certified
copy of a deed from "William McLaughlin
to George A. Howe, transferring a quar
ter section of land for $640. Upon the ob
jection of tho defense Mr. Hall stated
that he wished to show by the introduc
tion of the. deeds from the seven home
steaders whose patents had Just been of
fered In evidence that the claims hai -all
been transferred to Howe, who was a fic
titious person.
"Is It another Government officer?"
sneered Judge O'Day.
"Do you want me to state?" asked Mr.
Hall, turning on his interrupter omin
ously. "I don't want to prejudice your
case until I bring the evidence out in
regular order, but If you want xne to tell
you I can do so at this time."
There was a quiet twinkle In Mr. Dres
ser's eye as he sat on the witness-stand.
and Judge O Day subsided into his chair
and said nothing.
"I don't think that It Is at all material."
Interposed Judge Pipes, coming to the res
cue of his colleague.
"By this testimony," said Mr. Hall, ad
dressing the court, "I will show that the
conspirators traveled under another
name." Tho court admitted the evi
dence.
As the next link in the chain the prose
cution introduced a deed from George A.
Howe to Horace G. McKInley. which was
witnessed by Dan W. Tarpley and trans
ferred a part of the land acquired under
the preceding transaction.
In explaining this move the prosecution
showed that it would prove that the land
secured from the Government in town
ship 11 "south, range 7 east, had been at
last relinquished again to the Government
and land of value taken In lieu had been
secured, by the transaction. Mr. Hall, In
stating the point, said:
we do not intend to allege that the
Government was defrauded except In
township 11 south, range 7 east "We will
show that they deeded these lands from a
fictitious person and others to a fictitious
person, by which, means ownership in
otner property was gained."
"You can show." said the court, in rul
ing on the objection, "that tho Govern
ment was defrauded In 11-7. If you can
show that these lands were sold for cash
you might show conspiracy to defraud the
Government."
J. H. Booth, the Receiver of the Rose-
burg land Office, was next called. He
had been acquainted with McKInley since
1S83 or 1900. He had had correspondence.
witn mm m relation to land, anc ldentl
fied his signature. The witness also iden
tlfled -papers submitted hy the prosecu
tfo'n as an application of George A. Howe
for selection of lieu lajid from base in
township 11 south, rangj. Thrse
papere were uifo laenunea oy special in
spector A. R. Green and H. J. Coleman
and George R. Ogden, land Office clerks.
Miss Wyman on Stand.
The prosecution evidently thought that
the Jury was tired of Its line of evidence,
for the subject was changed and Miss
Ella Wyman was called to the stand. The
witness stated that she was the proprietor
of a small hotel on Dearborn avenue, In
Chicago, and had been for the past six
years.
Have you ever seen the defendant. S.
A. D. Puter?" asked Mr. Heney. indi
cating the defendant. The witness identi
fied him.
"Have you ever seen that lady over
there?" further queried the lawyer. The
answer was affirmative.
"Where did you see them and when?"
asked Mr. Heney.
"I saw them both together. They came
to my hotel on March 30. of this year,"
answered tho witness.
"They came to the hotel," continued the
witness, while her cheeks grew pink, "and
asked for rooms. I asked them -for ref
erences and they said they had Jiist
reached the city and could not give any.
They gave their name as Mr. and Mrs.
Potter, and he said he was In the mining
business."
"What else?" asked Mr. Heney, as the
witness-paused.
"Potter gave me a $100 bill," continued
Miss "Wyman, -"and I asked for a lesser
amount. The lady replied, . 'I have the
correct amount, dear and gave It to me.
They remained until the morning 'of
April 2."
"Is that all," asked Mr. Heney. "Did
they ask anything about their apart
ment?" "Yes," answered the witness! 'There
were twin beds in the room, and Mr. Pot
ter asked for a large bed. I bad the por
ter make tho change."
"What else do you remember, prompt
ed the prosecution, -as Miss Wyman paused
again.
"They lived there until Captain Porter,
of the Secret Service, called and arrested
Mrs. Potter," answered tho witness.
"Wo will call Andrew Jackson," an
nounced the prosecution.
Judge O'Day cleared his throat "I
thought Andrew was dead," ho said, while
tho bailiff rapped for order and a col
ored youth held up his hand to be sworn.
This witness corroborated the testi
mony of Miss .Wyman, he being an em
ploye in her house.
Captain Porter Called.
Captain Thomas I. Porter, who had
been with the Secret Service of tho Treas
ury Department for IS years, was the
next witness.
Tho Captain Is a white-haired man in
as much as he has hair. He wears glasses
and his eyes beam out with the' true Sher
lock Holmes beam.
The Captain told of having followed
Puter through Chicago and of the arrest
of Mrs. Watson.
"I have seen Puter before," said the
Captain, using short sentences. "I saw
him at Chicago, at the Wells-Fargo
Express officei on Dearborn street. It
was April 1. I was -watching for him
to come. I expected him to call for
an express package. Ho came and
talked to the clerk."
The detective then told of his having
followed Puter through many streets
to the Hotel Grace.
"It was just before dark." lie said.
"Puter went inside with a pasteboard
box. I left for ten minutes, leaving
Gorman to watch. I went in and
looked at the register. I saw the name
of S. A. D. Puter. I know It was the
man I wanted because It was not the
last name, hut had been written re-
' cently. He occupied room 113. I went
outside and waited. Puter came out
carryinsr a telescope. It was heavy bo
cause he put it down three times in
frolnir a block."
The witness then told of having
XCOKcludcd ea Pajc 10.)
FOR RIVER WORK
House Committee
Framing Bill.
COLUMBIA IS IK FAVOR
Is Classed as One of the Most
Important Improvements.
WILL BE TAKEN CARE OF FIRST
Coming Session of Congress Will De
termine Once for AH Whether The
Dalles-Celilo Canal Is to Be
a Continuing Project.
OREGONIAN NEWS BUREAU, Wash
ington, Nov. 28. Tho House committee on
rivers and harbors held a preliminary
meeting today to prepare a bljl which will
be ready for presentation to the House
before the Christmas recess. The meas
ure was discussed only in a general way,
but an agreement was leached that the
more important projects would be taken
care of first by the committee and the
less important afterward. Representative
Jones, of Washington, will look after the
Interests of the Columbia River, the im
provement of which means so much to his
constituents in Washington. Members of
tho committee who were seen today were
of opinion that the Columbia project prop
erly came within the classification of Im
portant, and It will be along those con
sidered first.
Mr. Jones was present today. In addi
tion to caring for the Columbia River
work, Mr. Jones will control to a large de
gree appropriations for Improvements in
the State of Washington.
It has been definitely determined that
a river and harbor bill shall be passed at
the approaching session of Congress.
Chairman Burton decided, to get his com
mittee together in advance of tho con
vening of3ongress, so as to complete
work on the. bill and have it ready to
present td the House Just before the
holiday recess. Once the bill id called
up la the House it will take but a. short
time to get It though that body, and it
will go through In practically the shape
in which the commltteo reports It.
In the Senate, however, there is likely
to be considerable discussion of various
features -of the measure, and there la apt.
before the bill reaches the Senate, to be
considerable" discussion and amendment
by the Senate committee. Tne senate
will, of course, pass the bill about as it
comes from the Committee on Commerce,
with probably a few amendments, in
creasing Individual appropriations. Then
it will be a question of holding the Sen
ate Increases In the "bill, and this win-
have to be done by the combined efforts
of the various members of delegations
whose states are Interested.
No Bill tor Three Years.
There has been no river and harbor bill
for three years, and there will probably
not be another until the short session of
the fifty-ninth Congress. Therefore the
appropriations to be made this winter
will be of sufficient size to continue work
for two years to come, commencing July
1, 1903.
Four years ago Senator Tom Carter, of
Montana, angry because the Western
men were unable tb secure the enactment
of a national irrigation law, vented his
spite by talking the river and harbor bill
to death, at the close of the short ses
sion of the fifty-sixth Congress. There
is little probability that any such tactics
will be resorted to by disgruntled Sena
tors this year, though there is always a
possibility of defeating a bill of this char
acter in a short session: There has of
late grown up a sentiment against enact
ing river and harbor legislation in the
long session, as it is the session imme
diately preceding elections, and members
do not, like to go before the people with
a freBh record of expenditures .that will
surely be termed "extravagant" by tho
opposition. That is why river and har
bor bills are now put over until the short
session.
It should be said, In passing, that the
appropriation for continuing the Jetty
Improvement at the mouth of the Colum
bla River will not be made In the river
and harbor bill, as this is a "continuing
project," appropriated for each year in
the sundry civil bill.
The coming session will determine once
for all whether The Dalles-Celilo canal
project Is intended to be a continuing
project. By some it Is contended it is
such; Chairman Burton of the House
committee says It Is not. It Is highly, de
sirable that this should be made a con
tlnulng project, if it is not one already,
for once it enters this class there is sure
to be adequate appropriations made for
carrying on the work each year, irrespec
tive of whether or not Congress passes a
river and harbor bill. All continuing
projects are appropriated for yearly, and
enough money is always made available
to continue work without cessation until
the project is completed.
It may require special legislation to
make The Dalles-Celilo canal a continu
lng project. If so. the members of the
Oregon delegation will endeavor to se
cure the enactment of such legislation.
MORTON MAY SUCCEED SHAW
Secretary ef Navy Well Suited for the
Treasury Pertfello.
OREGONIAN NEWS BUREAU, Wash
ington, Nov. 28. According to current
rumor, Paul Morton, now Secretary of the.
Navy. Is to be made Secretary of th
Treasury when the new Cabinet is formed
next March, It being generally understood
that Secretary Shaw will retire at the
close of this Administration. One thing
is certain; if the next Secretary of the
Treasury is to be picked from the present
Cabinet, no man is so well qualified for
the office as Morton. Morton has had
more practical experience with big finan
cial concerns and Is more familiar with
up-to-date financial methods than any
other Cabinet officer. Combined with
this qualification, he has a fund of good,
hard sense and is reliable to the extreme.
He it was who a few years ago success
fully accomplished, the supposedly impos
sible task of financing the Santa Fe Rail
road and placing It upon a sound basis.
Certainly a man who can accomplish such
a result can fill the office of Secretary of
khe Treasury.
In this same connection it Is rumored
that Victor Metcalf, of California, the
present Secretary of Commerce and La
bor, is to succeed Secretary Hitchcock as
head of the Interior Department. The
change would be very acceptable for Mr.
Metcalf, not alono because It would take
hint out of the Junior Cabinet office and
promote him two places, but because It
would bring him in touch with work with
wnich he Is more familiar than he is
wit hthe work of .the Commerce Depart
ment. City of Seattle Wins In Supreme Court
OREGONIAN NEW3 BUREAU Wash
ington Nov. 28. The Supreme Court to
day reversed the decision of the lower
court in the case of the City of Seattle vs.
Daniel Helleher, administrator of the es
tate of John W. Thompson, deceased.
The question at issue was tho right of the
city to assess property for 'street and
sidewalk Improvements- in what Is known
as the Maynard donation claim and addi
tions thereto in that city. The lower
court declared that the city had not the
power to make such assessment, but the
Supreme Court today declared that It had
under the act of the State Legislature.
Rural Carriers for Hiilsboro.
OREGONIAN NEWS BUREAU. Wash
ington, Nov. 2S. Edward B. Pale was to
day appointed regular and Sidney J. Tal
bot substitute rural carrier on route No.
3, Hiilsboro. Or.
SINGULAR FATAL ACCIDENT.
Explosion on .Launch Belonging to
Torpedo-Boat Causes, Two Deaths.
PORTSMOUTH, England, Now 28. A
singular accident, resulting in the death
Nof two men and injuries to a number of
qthenv occurred in Portsmouth harbor to
day. Two launches belonging to the Brit-
J-lsh torpedo-schoolship "Vernon were -en
gaged in an Instructional course of sweep
ing the harbor mines, when suddenly an
xploslon'bccarred pn one of the launches..
wuicn immediately same xnpse wno were
on board of her were thrown Into the
water and were rescued with difficulty.
The second launch was so seriously dam
aged that she sank. .
The official reporC Fays . the explosion
was due to an ira?J-ecesjacl effort to fire a
countermining explosive .charge used
during the weeping operations.
CONTEXTS OE, TODAY'S PAPER
The -Weather.
TODATS ShirsrnrouUieait winds.
YESTERDAY S Maximum temperature. B3
dtg.; minimum. 40. Precipitation, 0.09 Inch.
Natleaal.
House river and harbors committee begins
-work on bill to be presented to Congress,
and regards the Columbia. River as one of
.the most Important projects. Page 1.
Morton may zacceed Shaw as Secretary of the
Treasury. Page 1.
Russia, accepts Invitation of .America, to nego
tiate an arbitration treaty. Page 6.
Circuit Judge Morrow decides the Interstate
Commerce Commission cannot fix rates. In
deciding famous sugar case. Page 6.
Secretary of- War .Taft. in his anniial report.
urges tariff rates charged Philippines be
reduced. Page C.
Domestic.
Herr Most, the anarchist leader, la arrested by
St. Louis ponce when he .attempts to hold a
meeting Page 1.
Adams doe not take threats of ' Republicans
seriously,- ana prepares to vctoe to Denver
to oecame uovernor. .rage a.
Suit for $100,000. borrowed money, against
prominent Cleveland, O., woman creates
sensation; one .bask concludes ' to close.
Page 4.
Roosevelt's Trip.
President Roosevelt makes few stops on his
homeward Journey. Page 4.
Woman artist who tried, to gain an audience
with the President at St. Louis Is released.
Page 4.
RHuse-Jap&nese War.
Marines at Odessa muUny, 25 are killed, 100
wounded. Page- 4.
Japanese ore making progress in assault on
Port Arthur. Page 4.
Russia and Britain both want an American
otflcer of high rank on the North Sea Com
mission. Page 4.
Frequent nitlrmlshlng continues to be the rule
at the Sbakhe. Page 4.
Pacific Coast.
Supreme Court decides in Ka up I sen Creamery
caze. Page 7.
Governor, hearing convict s record, revokes
pardon almost delivered. Page 7.
Sports.
Pacific Coast League season ends In tie; Loa
Angeles and Tacoma to play postfee&son
series. Page 6.
Odds on Corbett-Nelaon flght have dropped to
2 to 1, with the latter the short-ender.
. Page 0.
Only bae favorite proves a good mudlark at
Oakland. Page . - --
Portland aad vjctalty.'
Grand Jury and District Attorney Manning
clash over indictments. Page 1.
A. H. J3reyman and John SommervlUe, owners
oflParis House, are Indicted. Page 1.
Ecitblkg arraignment of S. B. Ormsby and ex
posure of relations of S. A. D, Puter and
Mr&Tltratson the features of the land-fraud
trlat':Pge 1.
TT. a. Richards, Commissioner of the General
I Lc&eT'OiAce, arrives to testify In land-fraud
case. Page 10.
Extras lacrease the cost of the Morrison-street
bridge $50,000. Page 16.
Contractors complain, that they were not given
.dkaace to ,old on portage roaa. rage jo.
ComDlete election returns from "Washington
" saow startling figures. Page 11.
Another great structure to be erected for Lewis
."and Clark Fair. Page 14.
Farmer- robbed of $423 In North End divas.
Pe 14.
E. X." Martin telta police his wonnda were eelf-
laAlcted. Page 14.
Seamstress held up. choke aad beaten on Bet
Mt. Page '10. .
Cevrt-roarUal coeyww to toy Kajor. Beea, la
J'uaww, raw Mj
EADLOCK IS 0
District Attorney and
Grand Jury Clash.
KDICTHENTS ARE TIED UP
John Manning Refuses to Sign
True Bills.
ONE AGAINST EUGENE B LAZIER
Another Is Directed Against M. G.
Nease, Poolroom Manager A. H.
Breyman and John Sommer
ville Are Indicted.
GRAXD JTJSVS INDICTMENTS.
At 5 o'clock yesterday afternoon.
in
spite of the Impending battle, the grand
Jury returned several Indictments, few
of which were sensational. The only
one of prominence is that against A.
H. Breyman and John Sommervllle,
prominent and well-known capitalists of
Portland, charging them, aa owners of
the Paris House property, with a crime
which grossly Injures public morals and
outrages public decency. The indict
ment states that the Paris House, on
Third, Fourth and Davis streets, has
been frequented by people of Ill-fame of
all classes, to $he annoyance of good
and respectable citizens. The-witnesses
whose names appear on the Indictment
are "5V. L, Johnson, Miller Murdoch,
John Bain. A. S. PattuUo and "W. H.
Market!, all members of the Municipal
Reform. League. An Indictment , was
also returned charging. M. A. 'Ward with
adultery; the wife, Mr. Carrie "Ward,
is the complainant, and the woman In
the case is Julia Heavlland.
A- battle for supremacy between pistrict
Attorney John Manning en the one hand
and the grand, jury on the -other;? is on.
There, have already occurred several pre
liminary skirmishes, and the firing lines-
are in position.
It la reported that tne grana jury nas
oh hand' a supply of indictments, two of
them against Eugene Blazier and iL. G.
Xeaeo, which are ready to be returned to
the State Circuit Court with the excep
tion that they have not been signed by
the District Attorney, Humor has it that
these papers the District Attorney uatly
refuses to prepare and, sign. It islurther
stated that the grand jury has called the
attention of the District Attorney to sec
tion ISO-of the code, ka follows:
The District Attorney, when so required by
the grand Jury, must prepare indictscpta or
presentments for them and attend their sit
tings to advise them in relation to their duties.
or to examine witnesses In their presence, but
no person other than the District Attorney, or
witness actually under examination can be
allowed to be present during tha sittings of
the grand Jury, nor lther such attorney or
witness when tha grand Jury are deliberating
or voting on any matter Before them.
Thirty Indictments Ready.
The grand jury. It is said, desires to re
turn some 30 indictments against various.
persons for differeat offenses, including
some indictments for gambling. To these
indictments, it 1s alleged, the District At
torney, for various reasons, will, not agree.
The Indictments cannot be properly pre
pared and- returned unless the District
Attorney takes a hand. The grand jury
wants the indictments prepared; the Dis
trict Attorney will not prepare them;
hence, the declaration of war, the break
ing off of negotiations, the ultimata, and
the preparation for hostilities.
Further, and In addition, it is stated
that there are other dlffrences between
the District Attorney and the grand Jury,
chiefly In regard to Judge Henry McGinn,
assistant, prosecutor, who aroused the ire
of the District Attorney by faithfully at
taching himself, like a bulldog, to sev
eral persons under charge of gambling.
and who did much to secure conviction in
one of the .casea It is said that Attorney
Manning is greatly displeased because the
grand Jury recognizes Attorney McGinn's
semi-official capacity and takes his ad
vice on matters pending. - Judge McGinn's
advice is contrary to the advice of the
District Attormy. The grand jury Is ap
parently moreafcilUhg to take the advice
of tho ossistaM prosecutor than it is to
listen to .the District Attorney. Hence,
again, the displeasure of that official.
Displeased With Grand Jurors.
Again, there is another casus belli. The
District Attorney, it is jfurther alleged
objects strenuously and seriously to. the
manner of certain of those gentlemen, who
comprise the grand Jury. The gentlemen
are: A. C. Falrchild, J. M. A. Lane, J. B.
Quay, Ijalkln Russell. G. H. Thomas,
Lewis Van vleet and F. X. Johnson, the
forensan.
Theee men arc possessed of Ideas of re
formIdeas of what should -be and what
should hot. The list Includes - a minister
of the gospel, Bev. A. C. Falrchild. who,
naturally, does not believe In wrong-dobtg
and corruption, mentally, morally or oth
erwlse, either by individuals, municipal!
ties or county omclalB. .
It Is reported that when the grand Jury
first convened the District, Attorney Inti
mated that the clerks who happeed to
draw such a list from the box Intended
to "fix" things. It also Is alleged that
the District Attorney recently threatened
to file criminal Information against the
clerks aforesaid.
" 'TIa a foolish threat,"' said the clerks,
The information has not been filed.
Would Dismiss the Jurors.
Other faults hs the District Attorney
found witn tne grana jury, ir stories in
circulation are true, the District Attorney
is much vexed at the fact that a grand
jury was called at all hy Judge' George,
and threatens to have the jury dri-smlase&
for revealing secret of the grand jury
room and for other taBtaficee of aUeged
Improper conduct.
Yesterday Mr. Manalng- coaraiatoe-i to
Judgo George becauee the grand jwry ad
vised with Jadge Henry McGHnti. Dater
In the day rwreraan jean-sen ana anocnec
meHiber of the jury held a long and a se
cret conference; during which, &t ttpeev
the na. of the District: Attorney Oomm
, he heard st&cred, not exactly, la teas of
reverence and respect. After the discus
sion it became apparent from the rumors
which thickly populated the air In the vi
cinity of the Courthouse that the mem
bers of the grand Jury would stand by
their guns.
Bone of Contention.
The bone of contention. It is alleged, is
the indictment the grand jury desires to
return against Eugene Blazier, charging
him with perjury during his trial for
gambling, when he stated that he owned,
no gambling resort because he had sold
out, and in spite of which statement ho
was convicted. District Attorney Man
ning, say those who apparently know,'
does not desire the Indictment returned,
will not listen to such an Indictment, and
will not approve of It. One of the reasons
advanced for this stand by the District
Attorney is said to be that the wife of
Blazier Is a dear friend of the attorney's
wife, and an indictment might result in
a neighborhood disturbance. Others scoff
at the idea of wives entering Into the con
troversy, and mention other reasons, in
cluding campaign patronage and cam
paign promises.
The Prosecuting Attorney declared dra
matically In the grand jury room, It la
asserted, as follows:
"I closed gambling. I gave impetus to
the move for a -closed town. There are
73 gambling Informations on file now."
The grand jury girded Itself about its
compound loin and came back at him
with this:
'None of the 79 cases of which you'
speak have yet been set down for trial,
although the jury convenes again on De
cember 12. we have also read tnat
Sheriff "Word's was the good right arm
that gave the Impetus of which you
speak."
Indictment of Nease Held Up.
Another report is that Mr. Manning did
all in his power to prevent the Indictment
of M. G. Nease, manager of the warwlcK
Club poolrooms. There is also consider
able comment on the fact that while Judge
Frazer Instructed Deputy District Attor
ney Moser to call the attention of the
grand Jury to the Eugene Blazier case and
submit evidence on a perjury charge, the
District Attorney's office made no' move
whatever in the matter and the grand
jury took it up themselves without wait
ing the pleasure of the District Attorney!
It is asserted that Mr. Manning has -ac
knowledged receiving assistance during
the campaign from the gamblers, which,
some say, amounted to as much as $4S0O.
"Why," said one, "he said during the
campaign, that he was sure to be elected,
as every saloon man was with him, every
wholesale liquor house, every brewery
and all the gamblers, with the exception
of the Portland Club. He said they had
promised to spend HO.COd, If necessary, in
his behalf."
Explosion is Coming.
The explosion, however, cannot be long
delayed, and wise ones say the match
may be applied to the magazine at any
moment unless the District Attorney and
the grand Jury- bury the hatchet, go into
a court of arbitration and come to amica
ble terms.
Unles? this Is done the outcome of the
flght wll be such that at persent no man
car-3 to conjecture. Rumors of Impeach
ment, rumors of legal proceedings, ru
mors of battles galore, all arrriying thick
and fast. The Jury say they will and
the District Attorney says he won't and
judges, attorneys, defendants and wit;
nesses. -utl a Jyjng. .themselves on "either
iue ouu a tripping ior uie xray.
CANADA SEIZES FISHING- BOATS
Ten American- 'Craft' Are Fined for
IllegaU Fishing.
.EASTPORT, Me. Nov. 23. Ten Ameri
can Ashing .craft, t including eight sailing
vessels and two steamboats., have been
seized by the Canadian Fisheries Protec
tive Cruiser Curlew, and fined for Illegal
fishing In the Canadian: waters of a trib
utary of Passamaquoddy Bay, near St.
George, A. B. The Ashing craft were
seized near St George, last night, though
an announcement of this proceedure was
not made until today. Three specific
charges were placed against the vessels;
that they fished on Sunday; that they had
Illegally caught fish found In their pos
session, and tnat they had seined illeg
ally in Canadian waters. For the Jlrst
two offenses each boat was fined- $100. and
for the last J20Q. In addition to this all
of the seines and fish were confiscated.
It Is understood -that the fines will be
paid, and. the entire matter will be dls-
posed of iwithout Involving any interna
tional question. The aggregate value of
the craft Is about $20,000: The seizure 13
the most extensive that has been made bv
a izmaoian cruiser for many years.
State Department Not Advised.
WASHINGTON, Nov. 28. Taking their
cue jrom me statements, contained in tne
East port dispatch. State Department offi
cials are not expecting the seizure of the
American fishing vessels to be made an
Issue between the governments of Canada
and the United States. So far, nothing has
been heard about the matter except the
unofficial information obtained in the As
sociated Press1 dispatches, which indicates
an. amicable disposition of the matter. In
the present Instance the question of extra
territoriality appears not to have been
raised, and the vessels were not confis
cated, which has happened in the case of
seizures heretofore made, either of these
features usually being sufficient to make
tne settlement ot tne controversy a mat
ter of diplomatic negotiations. .
BUKlfcrf -BY CA7E-DL
Eight or Ten Men Are Believed to
Have Perished.
ST. LOUIS. Nov. 28. Eight to 12 la
borers, employed in the digging of a trench
lor the laying, of water mains in South
western St Louis, were buried today by a
cave-in, ana it is believed all have per
ished. The men were Working close to
gether when, without warning, tons of.
clay fell on top of them. A bursting
water pipe caused the cave-In- Those, who
escaped at once went to work, with the
help of others, and in 20 minutes dug out
three ot their companions, who were dead.
The men were Italians. The trench In
which the men were at work wasten
feet deep.
jushdea nr PHmibELPHiA.
Japanese Prince Visits Points of In
terest in Quaker City.
PHILADELPHIA Nov. 8. Prince Fu-
shlma spent a portion of today in visit
ing points of Interest in this city. Accom
panied hy Mayor "Weaver, the Prince vis
ited Independence Hall and viewed the
liberty bell. Later he was taken to the
League Island Navy-Yard. There he was
tocaIvpiI with ftll the "honor due his ranlc
including, a salute from, the' big guns and
the turning out of tho marine battalions.
Teacher of Secretary Hay.
GALE3BURG. Ill. Nov. 2S. H. R.
Holmes, one of the best known insurance
men la tfte state, ana wno caa an omce
In Chicago at the time of the big fire
is dead. He was a teacher of Seers-
Wry of State John Hay.
ERR MOST
St
Louis Police Arrest
Anarchist
TRIES TO HOLD MEETifeG
Leader Remains Under Coyc
for Several Days
COMES INTO CITY BY hNIOHT
He Declares Presence of Roocevelt
Had Nothing to Do With Hia
Visit, but Officers Will. Not
AHow Him to Speak.
ST. LOUIS, IJov. 58. John: Most, alias
Herr Most, anarchist of New York, waa
arrested at 11 o'clock tonight after a
fruitless effort to hold, a meeting In St.
Louis, and is now a prisoner at the Four
Courts, held for Chief Klely.
For ten days St Louis detectives have
watched Most. He was to have made a
speech in National Hall on Sunday after
noon,' November 20, but the police pro
hibited it in view of the approaching visit
of President Roosevelt
He remained in St Louis until last
Wednesday, when it was announced he
had gone to Chicago. Instead, it Is de
clared he went across the river to East
St Louis, where he remained at the home
of a friend until last night, when he re-
crossed the river. "With the presence ot
Most in St Louis, it has developed that
an International convention of anarchists
was held In St. Louis for ten days just
prior to the arrival of President Roose
velt Chief of Police Klely had a man
at the meeting who made a complete re
port to him of tha proceedings. It Is
declared that the chief business transacted
at tao convention,. In addition to numerous
speeches on liberty and free speech, was:
a resolution binding each delegate to use
his Influence to bring about a strike of
all trades-unions in the country next
Spring.
An Eastern friend , of Kiely's forntehed
ihft information as to-the' convention, but
gave- Ifto wrbng""street number. On that
account, the police had great trouble in
locating the meeting place. After the
police prevented Most making a speech
on Sunday, November 20, it was announced
that he would speak at Hyde Park Hall
tonight on the same' subject, "Aanarch
ism. Its' Alms and Principles."
, The anarchist leaders of St LoXlIs. who
had arranged the meeting tonight, rented
three balls and were turned out of all of
them as soon as their project became
known. All the time, Most was being kept
in the background. Finally detectives lo
cated him la a saloon with a man who
says he was Carl Nold. of East St-. Louis.
Most declared he arranged to come to
St Louis before he heard that Presi
dent Roosevelt was coming here, and the
coming of the President had nothing to
do with his plans.
i)Jt. TOIIAK "PAXT0T DIES.
Oldest Living Princeton Trustee, ami
Presbyterian Church Leader.
PRINCETON, X. J., Nov. 28. Rev. Dr.
"William Paxton. of Princeton University
and Seminary, died at his home today af
ter a- two weeks' Illness. Dr. Paxton was
in his JJst year, and his death was the
result of a paralytic stroke caused by
over-excitement "With his family he at
tended the Yale-Princeton football game
on November 12, and manifested great in-
terest in the contest, and was taken sick
soon after his return home. He gradual
ly improved until Friday, and hopes for
his recovery were expressed, but a relapse
weakened him and resulted in his death
today.
Dr. Paxton was the oldest living trustee
of Princeton. Until 1836 he was professor
of ecclesiastical, homolltlcal and pastoral
theology at Princeton Seminary, and also
was president , of the faculty of that In
stitution when .he resigned. He was mod
erator of the Presbyterian General As
sembly at Madison, "Wis., in 1SS0, and had
since been prominent in affairs of his
church.
Husband of Mmt. Schumann-Helnk.
BERLIN,,Nov. 28. Paul Schumann, hus
band of Madame Ernestine Schumann
Helnk. the opera singer, died today at his
home in Saxony.
BOSTON,. 3-iov. 28. Madame Schumann
Helnk received a cable message today an
nouncing 4fhe death ot fier husband at
their home nearDresden. Death, was due
to paralysis. Mr. Schumann was- well
known -ftr musical circles both in Ger
many and the United States. Madame
Schumann-Helnk. who was to. have begun
an ..engagement here tonight, will hot ap
pear until tomorrow night.
Philadelphia Oil Dealer.
PHILADELPHIA. Nov. 26. Jasaee II.
Steven0Bhed of the- firm ot J. H. Steir
enson Bros. & Co., wholesale dealers !n
oil died sug&ealy or the street today
of. 'heart disease. Mr. Stevenson's 14eat
son. Shepard. gtevensea, is a Iieutenaat
in the United States Array, stationed in
Utah.
Mrs. Edward C. Wall. '
MILWAUKEE, Nov. 28. Mrs. Id
ward C "Wall died suddenly tonight
after a short illness. She 'was the "wife
of Edward C. Wall, well kaewii la
business and political circles through
out the ceuatry.
Ex-Sre4ary of tat fr Britain.,
LONDON, Nov. 28. Matthew White
Ridley, VlceottUt Ridley, ex-Seceetary' of
State for the home goTeraBMRt. dtod sud
dealy today oC hart failure while, aafeep
at, Btaefen, his country seat in North
niiiturtend . JS ww bora: la. 3MS.
4f
J6.