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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 6, 1904)
Ml PAGES I TO 10 VOL. XLIV. NO. 13,726. POKTLAND, OREGON, TUESDAY, DECEMBER 6, 1904. PRICE FIVE CENTS. 20 PSGES NAME ON NOTES "Carnegie" on Paper of Mrs, Chadwick. LEADING MEN 30 TESTIFY Financier Declares He Did Not Aid the Woman, BANK OFFICIALS , ARRESTED President Says They Indorsed a Note for. $500,000 Which Is Out Woman In New York, Secret Service Men Hover Near. 4 It was announced authoritatively that the mysterious notes for $750,000 held by tho'Oberlln (O.) Bank, or President Beckwith, arc signed "Andrew Car negie." CffrncKle denies ho signed the notes. President Beckwith mado a confeaslon of his- dealings with Mrs. Chadwick, stating that, Jn addition to the two notes held by the bank, he and Cashier fipcar indorsed Btlll another ? 500,000 not. President Beckwlth and Cashier Spear, of the Citizens' National Bank, of Ober Hn, pleaded not guilty to charge of violating the Federal banking law, and were bound over to the February grand Jury in bonds of $10,000 each. Dr. Leroy. S. Chadwick cabled to a lawyer to call upon him for the settle ment of all pressing claims against his wife. Mrs. Chadwlck's property was com pletely tied up by the approval of the receiver's bond, and Ira Reynolds, cus todian of her alleged securities, must produce them. The discovery was made that the orig inal application for the parole from prison of Lydla DcVere, with whose Identity Mrs. Chadwick has been can- it sected, has disappeared. CLKVEIiAND, Did - i.pciaL) ' Gradually the veil of mystery is being lifted from some of the features in the case of Mrs. Cassie L. Chadwick, -whose stupendous debts have astonished the financial world, but at the same time new elements of entanglement are be ing developed. Following the arrest and arraign ment today of two of the officials of the Citizens' National Bank, of Ober lin, which advanced money on Mrs. Chadwlck's paper to the amount of 5240,000, the notes, regarding which President Beckwith said he had taken a solemn oath not to divulge the name of the signer, have been brought to light. There is one note for $250,000 Indorsed by C. I Chadwick and signed "Andrew Carnegie." There is another note for $500,000, also signed "Andrew Carnegie." And in a startling confession made by President Beckwith tonight, the existence of a third note for $500,000r indorsed by both Beckwith and Cashier Spear, was developed. This note was turned over to Mrs. Chadwick herself, and evidently was the capital with which she operated in the East to bor row immense amounts of cash from banks and individuals. President Beckwith and Cashier Spear, who were arrested in Oberlln last night, were arraigned In Cleve land this morning, pleaded not guilty, and were held to the grand jury which meets In February in bonds of $10,000 cch. Both men were successful in obtaining ball this afternoon. They were brought here from Oberlln by "United States Marshal Chandler and a deputy shortly before noon. The bank officials were later arraigned before United Staes Commissioner Stark. District Attorney Has Note. That the Oberlln bank, or President Beckwith, really possessed notes for $250, COO and $300,000, respectively, with the names of Andrew Carnegie signed there to. Is stated on the authority of United States District Attorney Sullivan and a very prominent banker of Cleveland. Dis trict Attorney Sullivan declared today that he had the note for $250,000 with Mr. Carnegie's signature in his posses sion, and that it bore the name of An drew Carnegie, and "was indorsed by C. !. Clmdwick. A widely-known banker, who requested that his name not be used, stated posi tively that he had seen the $500,000 note flgnod "Andrew Carnegie." This banker iald he was not familiar enough with Mr. Carnogio's signature to state posi tively whether the signature was genuine or a forgcrj-. The note for $230,00. it is stated, bears the date of January 7, 1901, and reads as follows: "One year after date I promise to pay to C. It. Chadwick or order, $250,000, with Intorest at 5 per cent. (Signed) "ANDREW CARNEGIE." This is indorsed on the back by C. L, Chadwick. Receiver Nathan Looser filed his bond today, thus making him the legal cus todian of all property owned by Mrs. Chadwick. It is stated that the approval of Mr. Locser's bond ties up absolutely all of Mrs. Chadwlck's property, and not a dollar of her dobts ean be paid out of the proceeds of her estate. AH credi tors, it is said, must share alike. Thu i supposed to apply to the Newton claim, if there is an attempt to pay It 'out ot any money that may be due to the estate. Another important arrest is expected. within a day or two, while the real financial standing of the remarkable woman who has set the country by the ears Is likely to be brought out" by a de mand of the law made upon Ira Reynolds; the custodian of her alleged securities of stupendous value to produce them. MRS. CHADWICK IS MATCHED. Three Secret-Service Men at Hotel Another Arrest Expected. NEW YORK, Dec 5. Mrs. Cassie 1. Chadwick, whose financial difficulties have caused widespread Interest, is at the Hol land House tonight- At the hotel arc at least three officers of the United States Secret Service, and they have been par ticularly alert for the past 24 hours. A gentleman closoly connected with the case says there is a strong possibility that an arrest will be made in New York within a short time, and that It will be of a porson closely connected with the now famous case. Philip Carpenter, chief counsel in New York for Mrs. Chadwick, was seen at the Waldorf-Astoria at midnight by a rep resentative of the Associated Press. "When asked concerning the probability of the arrest of his client, he declined to talk, but said: ' "Mrs. Chadwick is absolutely innocent of any intent of wrong. She has done nothing to warrant legal proceedings, and she cannot be convicted of wrong doing." When asked about that part of section 5209 of the United States Revised Stat utes, which provides for the punishment of any person who "aids or abets" a Na tional bank official in the performance of any act which Is illegal," Mr. Carponter said whatever transactions Mrs. Chad wick had had with bank officials had been strictly of a business nature. She has borrowed money as any person would do and had not Interested herself in the capitalization of the bank In question. The lawyer was asked what might be the result if It could be shown that a viola tion of the statute which made is a crime for a person borrowing money from a bank to make a statement concerning her as sets or ability to meet the obligation which was knowingly untrue, Mr. Car penter reiterated his statement that Mrs. Chadwick was absolutely innocent of any wrong. Mr. Carpenter continued: "The reports that Mrs. Chadwick in tends leaving New York suppertitlously (Concluded on Page Five.) CONTENTS OF TODAY'S PAPER The Weather. TODAY'S Fair, slightly warmer: easterly winds, shifting to southerly. YESTERDAY S Maximum temperature, 43 deg.; minimum, 29. Precipitation, none. BuMO-Japanese War. MUKDEN Japanese run into ambuscade, and 1500 are Tillted. Page 3. Japanese again attack lone Tree Hill, bnt are repulsed with heavy loss. Page 8. There It considerable Itinera union?; Rmdd&n troops. Page 3. PORT ARTHUR Japanese continue bombardment, and are mak ing good progress. Page S. Japanese fire and destroy three Russian ships. Page 3. OX SEA "Writs of arrest Issued for men who transferred yacht from England for Russia. Page 3. France denies Russia has asked her support in move to get Black Sea fleet through -Dardanelles. Page 3. Congress. Both houses are called to order promptly at noon. Page I. Adjournment la soon taken as a tribute to the memory of Senators Hoar and Quay. Page 1. Every Northwest Senator and Congressman is at his desk. Page I. Chairman Burton, of rivers and harbors com mittee, will try to give large harbor works first place in bill. Page 4. Attorney-General Moody urges Congress to en act a law to make extradition a less pow erful friend of the wrongdoer. Page 11. Mrs. Chadwick. District Attorney and banker declare "Andrew Carnegie" appears on two notes passed by Mrs. Chadwick. Page 1. Carnegie declares he did not indorse notes. Page 4. Mrs. Chadwick remains at New York hotel; Secret Service men hover near. Page 1. President and cashier of defunct Oberlln, O., bank are arrested. Page 5. Domestic. Charges of fraud in connection with St. Louis fair awards. Page 11. Second trial of Nan Patterson, the show girl, is begun. Page 5. Spark from automobile causes $250,000 fire In New York. Page 4. l'aclflc Coast. Seattle votes tomorrow on expensive public improvements. Page 8. Arbitration conference in San Francisco draws up resolution for Senate's consideration. Page 5. Insane Asylum's superintendent recommends many improvements. Page 8. Supreme Court decides circulation contract in favor of Orcgonlan Company. Page 8. City elections held in Willamette Valley towns. Page 8. Negro robs and shoots express messenger on flying train. Page 0. Bridge at Weleer. Idaho, Is opened. Page 9. Commercial and Marine. Eastern Oregon ranges in good condition. Page 19. Renewal of gold exports weakens stock mar ket. Page 19. Argentine wheat crop in critical condition. Page 19. Twelve million "bales of cotton produced in United States. Pago 19. San Francisco apple market congested. Page 19. Extensive repairs to be made to dredge Chi nook. Page 18. O. R. & X. to have bonded warehouse on water front. Page 18. Steamer Kllburn prevented from landing at Marshfleld. Page IS. Portland and Vicinity. Buildings for Lewis and Clark Fair nearlng completion. Page 11. Grand Jury examines numerous witnesses in Tanner-Creek sewer case. Page 12. Investigation of sewer scandal by Mayor's Commlfsloncrs begins today. Page 10. Budget of Mayor Williams shows a deficit of over $100,000 for coming ycar Page 11. William Conn, an escaped prisoner from the County Jail, arrested for burglary. Page 11. Land-fraud case will go to Jury today, and verdict may be rendered by this evening. Page 1. Rival gas company may enter the Portland field and start gas war. Page 11. L X. Patterson tells of Interest of Eastern people in Exposition. Page 20. Klamath irrigation project -pursued by Govern ment engineers. Page 13. Citizens ticket elected by good majority In Milwaukle. Page 20. D. C. Gosnell arrested for striking Humane Officer Relelng. Page 12. School Board renames Portland schools in honor of Oregon pioneers. Page 13. T THE R Northwest Solons Pre sent at Congress. FLORAL TRIBUTES MANY Oregon Delegation . Consults Burton About River Work. APPOINTMENTS ARETAKEN UP Terms of Several Postmasters In Sec ond Congressional District Will Soon Expire No Bills Arc Introduced. OREGONIAN NEWS BUREAU, "Wash ington, Dec 5. When Congress assembled today, every Senator and -every Repre sentative from Oregon, Washington and Idaho was present -and -at his desk. All have been In "Washington several days except Representative Cushmnn, who went to Panama with the Congressional committee, and did not reach "Washing ton until 10:30 this morning. When the Senaie was called to order at noon, Senator Mitchell was completely hidden behind floral remembrances from different friends. Senator Fulton's desk was completely covered with roses and chrysanthemums. The Washington ana Idaho Senators were also remembered, as were Congressmen Hermann, Williamson and Jones In the House. Members of the Oregon delegation called on Chairman Burton, of the river and harbor committee, today, and asked that they be granted a hearing. Chair man Burton stated bo was not able, at this time, to set a day for the hearing. Oregon Postoffice Appointment. The Oregon delegation held a confer ence today to talk over the prospective postofllce appointments In the Second Congressional District. No conclusion was reached. The terms of the Post, masters at Astoria, ThDalles, Sumpter and Prlneville will sdon expire. Senator Fulton will-select the newPostmaster at Astoria. Representative Williamson will select Postmasters for other offices, but must choose men acceptable to the Sen ators, No bills were Introduced today, save by Representative Jones, who proposes to authorize the use for power purposes of the water of Spokane River, where it passes the Spokane. Indian reservation. His bill provides that the users, of the water shall pay the Indians a stipulated price for the' privilege. Mr. Jones also Introduced a bill confirming the title to lands obtained " by ' COlvllle Indians under ATTORNEYS WHO ARE THOMAS O'DAY. what Is known as the Moses agreement of July 7, 1SS3. Subsidy for Alaska Railroad. Representative Lovcrlng, of Massa chusetts, today Introduced a bill pro viding for payment of a subsidy ot $10,000 for every mile ot standard-gauge rail road constructed In Alaska by the West ern Alaska Construction Company, pro viding that not more than $500,000 shall be paid as subsidy during 1003, and not more than 51,000,000 be paid in the aggregate. This company has already constructed 13 miles of road from the mouth of Solomon River, near Nome, toward Council City, and has the material on hand for build ing 50 miles jof road. The bill stipulates no subsidy shall be paid until the road has been completed for 20 miles. NORTHWEST ESTIMATES. Oregon, Washington and Alaska items in Statement of Shaw. OREGONIAN NEWS BUREAU, Wash ington, Dec. 5. Estimates of appropria tions for the Northwest Included In the statement sent to Congress today by Sec retary of the Treasury Shaw aro as fol lows: " Oregon . Rent temporary Postofflce building, Portland $ 2,000 Columbia River quarantine station.... 10.000 Keeper's dwelling. Cape Blanco light station 4,500 Keeper's dwelling, Yaqulna light eta- tlon 4,000 Crater Lake Park 5,928 Enlarging Clackaman flan hatchery . . 10.000 Chemawa Indian School.... . 112,000 Washington Seattle public building .x 375,-000 Tacoma building 75,000 Pbrt-Townsend quarantine isolation hos pital - 9,600 Puget Sound Navy-Yard, new works... '47C.3O0 Robinson Point light station 4.500 Edlz Hook light station 10.110 Battery Point light station t. 8.000 Purchase of site for new military post to be established at Yokeka Point, ' Deception Pass, Puget Sound 2,500 Construction of road to Rainier Park.. 70.000 Improvement Rainier Park 2,600 Improvement Baker Lake fish station.. 10,000 Support of reindeer 25,000 To establish one or more salmon hatch eries 60,000 To support 'natives on St. George and St. Paul Islands - 19,500 Protection of Alaska fisheries 7,000 This sum Includes the estimates of Secretary of the Navy Morton, amounting to $415,500 and ? 00.800 for four guncotton houses, four magazines, one. shellhouse and residence for gunner. WIFE WINS FIRST POINT. Wealthy Idaho Man Must Show Why He Should Not Pay Her Alimony. 4 CHICAGO, Dec Z. (Special.) Hav ing, won the first point in her fight by obtaining an order from Judge Tuly requiring her husband to .show cause by Wednesday why -he should not pay her temporary alimony, Mrs. Grace Mackenzie, wlfo of a wealthy Idalio mlneowner, now calls upon Idaho wit nesses to prove that David Mackenzie has been very successful since he de serted her. Mrs. Mackenzie today pro duced an affidavit from "William J. Teasdale, qf Halley, Idaho, foreman of the Jumbo mine, In which he says Mackenzie netted jjver- -ylOO.OOO In a recent sale.- As to the property which Mrs. Macken zie says her husband owns In the Tel low Pine Basin In Idaho, Mr. Teasdale corr.obortites her story. Whtte Mrs. Mackenzie has been working long hours in a Chicago department store for the support of herself and little son. Teasdale declares her husband has been growing wealthy. Securities Meeting Again Adjourned. " NEW "YORK," Dec. 5. The adjourned meeting- of the Northern Securities Company, which was to have been held in Hoboken, 'N. J., was put over until Monday of next week. MAKING CLOSING ARGUMENTS 5QLDNS AT WORK Congress inters Upon Short Session. DAY, INDEED, A GALA ONE Galleries, Rather Than Floor' Prove Center of Attraction, BOTH HOUSES SOON ADJOURN Resolutions of Respect to the Memory of the Late Senators' Hoar and . Quay Are Adopted, Then Work Is Dropped. WASHINGTON, Dec. 5. With the Sen ate in session 13 minutes and the House 53 minutes, tho last session of the Fifty eighth Congress was assembled today. The time of both bodies was devoted, en tirely to the usual formalities of opening day. There were the greetings between members, the great floral display, and the hundreds of visitors with beautifully gowned women predominating. Corridors, committee rooms and cloak rooms were thronged. - From the lethargy which has characterized Washington since early in the Spring, the city awakened to a new era. and heralded with apparent joy the day which opened both the official and social sessions. The streets were crowded- with people intent on witnessing the ceremonies. Car riages flocked about the hotels ready to carry guests to the Capitol, and two hours before noon a steady stream of ve hicles bearing gay parties made its way to the east front ot the building. Many newly-elected members were at the Capitol, although- they will not enter office until after March -4. Rarely In the memory of the old guard has the opening day been made such a gala one. The galleries, rather than the floor, proved the center of attraction, for rows of handsomely gowned women looked down upon the statesmen who grouped about the chambers or strolled In and out of the cloakrooms to exchange greetings with old frlendst .and Tecelve- those of new ones. Though rain and sleet fell during the entire morning, these discomforts were in sufficient to mar the success of the event. The gavels of Senator Frye, "president pro tern of the Senate, and Speaker Can non, of the House, fell exactly at 12 o'clock. The opening prayers were made by the chaplains. Dr. Edward Everett Hale, in the Senate, and Rev. H. N. Couden. in the House. In both the Senate and the House com mittees were appointed to wait upon, the President and inform him that Congress IN LAND-FRAUD TRIAL rRANCIS T. HENEY. was ready to receive any communication he had to send. Resolutions of respect to the memory of the late Senator Hoar, of Massachusetts, and Quay, ot Pennsylvania, were adopted by both houses, and the- adjournment taken was in further tribute to their memory. The only business outside of tho usual first day routine was the adoption of a resolution In tho House extending until January 5, 1905, the time within which the Merchant Marine Commission may make Its report. This will bo a notably interesting Con gress, for, with the inauguration of Presi dent Boosevelt the session will go out in a blaze of glory. Only once in four years does Congress have an opportunity to wind up its affairs under the historic conditions that will prevail next March. LARGE ATTENDANCE IN HOUSE Cannon Brings His Gavel Down at Noon, and Brief Session Is Begun. WASHINGTON, Dec. 5. The House convened today at noon for tho last ses sion of tho Fifty-eighth Congress. The ever Interesting event attracted to the House side of the Capitol the usual opening-day throng which, although conscious that admission to the galleries was by card only, nevertheless began to assemble as early as 9 o'clock. From that hour the crowd grow in size until tho corridors became choked with constantly moving humanity. The gallery doors were thrown open at 10:39 o'clock, and in a short time every seat was taken. Tho Diplomatic Corps was well represented. Now and then, as some favorite entered the cham ber, he was liberally applauded. In his private room, for some time be fore the House met. Speaker Cannon held an informal .reception to "the boys," as he is wont to call his associates In the House. "Without distinction as to party, the members dropped In to pay their re spects, and for each he had a pleasant word. The floral display was beautiful In the extreme. There was hardly a desk that was not banked with floral pieces of some kind. Speaker Cannon promptly at 12 o'clock rapped the House to order. After prayer by the blind chaplain, Rev. H. N. Couden, the roll was called. The new members elected to fill vacancies were then escort ed to the Speaker's desk and subjected to the usual oath. They are: Ida W. Wood, Fourth New Jersey District; F. J. Croft, Second. South Carolina; Amos R. Eber, Fourteenth Ohio; J. Thomas Heflln, Fifth Alabama, and Joseph R. Knowland. Third California. A resolution was adopted appointing the usual committees to await upon the Presi dent and notify him that a quorum was present and ready for business. A resolution was agreed to fixing 12 o'clock as the hour for convening the House. Upon request of Grosvenor (Ohio), the House extended until January 5 the time when the Merchant Marine Commission shall submit Its report. The House adopted resolutions of re spect to the memory of the late Senators Quay and Hoar, and as a further mark ot respect adjourned until tomorrow. DAY IN SENATE. Vice-President-Elect Fairbanks Re ceives an Ovation. WASHINGTON, Dec. 5. The Senate convened for Its final session of the Fifty-eighth Congress promptly at noon to day. When Senator Fairbanks, the "Vice-President-elect, entered the chamber he was greeted warmly by many of his col leagues. After prayer the roll was called and 73 Senators responded. Senator Alli son made the usual formal motion that a ' committee be named to inform the President that the Senate was ready to receive any message he had to communi cate. President pro tern. Frye appointed Mefsrs. Allison and Cockrell for this duty. On motion of Cockrell 12 o'clock was fixed as the meeting hour of the Senate. The death of the late Senator Quay was announced by Penrose, who asked that a day be set aside that a public tribute might be paid. He withheld the customary mo tion that the Senate adjourn out of respect to the memory of Senator Quay In order to give Xiodge of Massachusetts an oppor tunity to announce the death ot his late colleague. Mr. Hoar. Lodse then presented a resolution on be half of himself and Penrose, asking that the Senate adjourn. The session was ad journed at 12:13 o'clock. MANY VISIT ROOSEVELT. Tariff Revision Is the Principal Topio Under Discussion. OREGONIAN NEWS BUREAU, Wash ington. Dec. 5. The President's visiting list today, If printed, would, look like a joint rollcall of the Senate and House of Representatives. The Congressmen came In a constant stream until 11:30, when the rush subsided, as if by magic, and the center of interest at the capital shifted to the big building with the dome on the hill. The question of revising the tariff was the principal topic discussed at the White House during the forenoon. While it Is safe to say that the majority of the President's callers are In favor of some sort of tariff change at some time In the near future, very few of them would willingly take It up at an extraordinary session of Congress. "Iowa had 320,000.000 bushels of corn this year," said Representative Lacey, "and it Is bringing about 40 cents. When I hear people talk about revising the tariff, I feel like the, old Missourian who was tearing the atmosphere about the Philippines extravagance and at the con clusion of a ringing argument, asked his hearers: "How long are you going to stand that?" "Just about as long as steers are bring ing 7 cents," came from a voice In front of the rostrum." PANAMA IS DRAFTING DECREE Conditions of Amador-Taft Agreement Considered by Cabinet. PANAafA. Dec. 5. The Cabinet held a meeting today to draft a decree reduc ing import duties, consular fees, eta, to conform with the coqdltions of the Amador-Taft agreement. EARS THE Dramatic Climax to Land-Fraud Case. VERDICT MAY COME TflDAK Deliberations of Jury May Be Short. SCRIPTURAL TEXT IS QUOTED Judge O'Day Makes Eloquent Effort In Behalf of the Defendants, Clos ing With Dramatic Thrust at Prosecution. o when they continued asking him. he lifted up himself, and said unto .them, "Ho that la without sin among you, let him first cast a stona at her." And again he stooped down and wrote on the ground. All doubt has been dispelled as to whether or not the defense in the land fraud trial would make an argument for another day has passed, and only as the darkness was following was the discus sion of Judge Thomas O'Day closed and done. For 12 days it has been a war of testimony and objection, and for one fourth of that time it' will be a battle of words and a strife of oratory. On Sat urday afternoon Mr. Hall drove home the allegations of the prosecution with an iron hand. Yesterday morning Law rence F. Puter. the brother of the de fendant, labored earnestly In behalf of his kinsman; yesterday afternoon Judge O'Day filled the hours with the sound of his voice and the sting of his ridicule. But through it all there has been so far one passage, and only one, which will cling to the memory and stand out a landmark of the trial. The eloquence, the pathos and the humor of Mr. Hall; the earnestness of Mr. Puter; the antici pated force of Mr. Heney and the sar casm of Judge O'Day all will fade and be forgotten of men, but there will be one brief moment that will stand above the rest pre-eminent. Those who attend ed the trial throughout It3 length will forget the rant and. the- roar, the irony will lose its sting and the wit will be dulled, but a3 the minds turn back in future time the trial will commence with the simple wcnls, "Jesus went unto the Mount of Oliver." Then Thomas O'Day will stand out in tho center once more. While the spectator sees again the crowd ed room and the gray-haired Judge. The silence will grow until the beat of the clock fills all the space and the shame ot It tinges the cheek and burdens the breath, as it did yesterday. A woman with set, bold eyes, into which the first touch of mistiness has come, will gaze again at the attorney for the prose cution, who, his face flushed and beaded with veins, sits stiffly, steadily looking at the massive head of Judge C'Day as he reads, "Neither do I condemn thee; go and sin no more." Moment Was Dramatic. If there has been one dramatic moment in the whole course ot the trial, it was yesterday when, In his peroration. Judge O'Day read the eighth chapter of John, as supporting his charge that the prose cution had exceeded the demands of jus tice in dragging forth before the world the private life of S. A. D. Puter and Emma L. Watson. Hl3 argument was long and apparently of little effect, but the close was eloquent and telling and led the jury from the room more thought ful than might have been desired by the Government. It will take another day to finish the noted trial. Francis J- Heney will oc cupy the forenoon with his argument, and possibly will continue In the after noon. Following this will come the charge to the jury by Judge Bellinger, after which the case will be left In the hands of the 12 chosen men. It Is thought that a verdict will not be long In com ing, after once the case is placed In the jury's hands. Yesterday morning the argument was opened by Lawrence F. Puter, the brother of the defendant Puter, who spoke earn estly for over an hour for the defense. Mr. Puter went back into the ages with his discussion and told of the evolution of the jury system and of what it meant. He told with what embarrassment he approached the discussion of the question under the circumstances. He related that In the theory of the law the prosecution was supposed to represent the rights of the defendants as well as the Govern ment was to strive to see that justice was done, not simply that conviction was had. It had, however, come, so he said, that the ambition of men perverted this aim, until It was almost Impossible for prosecuting attorneys to carry out this magnanimous theory. The ambition to succeed leads them never to see other than guilt in the case of those arraigned. Ninety-nine per cent of the homesteads on the Coast had been taken up as had those In the cases under discussion, con tended the attorney, and in It there was no wrong. A pile of logs and a thatch of shingles, a few beans stuck here and a slip of a tree there was all that went to make up the average homestead, so why should these defendants be punished for doing as others had done before them? In his closing, the speaker dwelt upon, what he" asserted to have been the un necessary unearthing of the Puter scan dal, to the shame and disgrace of the family and children, who were Innocent Argument Is Exhaustive. Judge Thomas O'Day commenced to speak at 11:20 o'clock, and at the noon hour asked for an intermission. He commenced again at 2 and closed a short time before 5. His argument was exhaustive In detail and covered the case from first to last. He ridiculed the testimony of the Government, belittled some of the witnesses for their falsity and threw sarcasm at John Hall and Mr. Heney until the court had to call again and again for order. The Judge made a brilliant effort In behalf of his clients and closed with a peroration, partly pulled, it is true, from tho Bible, but so apropos and close to the heart that it left Its spell on jury and Judge and listeners. "In the discussion of this case," said Concluded on Page Three.), 1