1 VOL. XLTV. NO. 13,738. PORTLAND, .OREGON, TUESDAY, DECEMBER 20, 1904. PRICE FIVE CENTS. V TRIP M FAIL Grand Jury May Not Hear Congressmen. NOT COMPELLED TO BYLAW Land-Fraud Defendants Re ported Having Confessed. TWO GIVE THEIR TESTIMONY Marie Ware Alone Refuses, but Will Be a Witness New Evidence Con nects C. E. Loomis With Norman Williams' Case. DEVELOPMENTS IN LAND FRAUD CASES. Senator Mitchell and Binger Hermann ntmy set be allowed to appear before the srend Jury when they reach Portland. Whether or not they are permitted rests fstlrcly with the jury itself. If there in doubt on testimony offered which is capable of bclns removed by explana tion. It is probable that the Congress men will be asked to clear up the daubt. Otherwise, they, will be granted ae privileges which would not be ac corded te any citizen of the United States. It Is rumored that testimony has been cadered by the Government, and will be presented, which will connect C. E. Loomis. as a particeps crimlnis after the fact, with the Norman Williams mur der. This is the case in which Williams murdered Alma Nesbltt and her mother Jn March, 1B00. It has developed that the reason the jcond conspiracy case was postponed was because of the promise of the de fendants convicted In the first Instance that they would lay bare the details of all fraud with which they were con nected and make a full confession be fore the grand Jury. Marie Ware alone refused to confess, but will be a witness bfre the Jury. Puter and McKInley were called as witnesses yesterday. Miss Ware will testify today. 5. B. Qrmsby. who Is reported to be certain of Indictment, has, Jn rnj with Mrs. Oxwbr. 1-ft h Ealem. and hia wherautajtl6-'unknoya to the Government officials, who are trrinE to reach him with a-subpena. The Federal grand jury is now In ses sion. Senator Mitchell and . Representa tive Hermann arc both speeding across the country to claim their privilege, as they state It, of appearing before the jury to explain why they are innocent of all wrong. Rumor has it that when the two officials reach Portland they may not even be allowed to appear to give their testi mony. Judge Bellinger, in charging the jury, made the usual recommendations as to the conduct of the men whiie engaged in their work of looking at the evidence to be brought bofore them. In closing he ad vised that if persons connected with the testimony wore to ask to appear In their own behalf, such request might be granted. "This is not a legal right of such per ils," said the Judge, "but it would be proper for you to allow them to appear, tvnd I would recommend that you do so." Depends on the Testimony. And so it appears that there is a great deal of doubt as to whether or not the long journey of Senator Mitchell and Mr. Hermann will be to any purpose. It is the supposition that their being allowed t5 appear before the jury will depend in great measure upon the nature of the tes timony which it is supposed will be offered to connect them with the land frauds, and in the desire of the jurymen to meet with them. The Government knows no rank or no class in Its work, so it is said, and no more privilege will be allowed to Mr. Hermann or to Senator Mitchell than would be granted to any citizen of the Vnited States whose name was under con sideration In the room. If the Jury is at doubt on any testimony, or if the evi dence Is such that It will admit of an ex planation then the gentlemen will be called by the jurymen- But if, on the other hand, it is definite and certain, and there is no need for explanation on the part of the gentlemen concerned, or if it is a statement of fact that is being de bated and the admission of the gentlemen would encroach upon the prerogatives of a. trial jury, then the privilege to appear will be denied. In any case, it is the opinion that under no circumstances will the officials. In the event of their being allowed In the juryroom. be permitted to pload their cause or tell their story ac cording to their Individual desires. They will be subjected to the same rules of procedure as will prevail in the cases of the other witnesses examined, and their exalted public positions will avail them nothing in the granting of special prlv Seges. The appearance then of the two ien from Washington is awaited wjth great interest, as they seem to be the pivots of the proceedings, in public ex pectation at least. C. E. Loomis in a New Light. C. E. Loomis has come into the lime light in a new. a sinister and, to the vast majority, an entirely new and ghastly role. The story now comes that the evi dence which has been gathered against the former special agent of the Govern ment will incidentally connect him as a particeps crimlnis with Norman "Williams is the murder of Alma Ncsbltt and her another la March, 2300, for which crime Williams was tried at The Dalles and con victed. The story runs that Loomis was sent to investigate the claims which Williams and the Nesbltt "woman had taken tip. The women had by this time disappeared and no one knew their whereabouts. The supposition is, and rumor has it, that the evidence to be produced will substantiate this circumstance, that Williams made confession to Loomis concerning the mur der and that Loomis advised the mur derer to get out of the country and to abandon his claims. To corroborate this It is cited that after Williams had dis appeared Loomis became his beneficiary to the extent of about 5S0OO worth of property In the vicinity of the Williams claims. Williams was interested in an irrigation ditch to that amount before he had become mixed up in the trouble which finally resulted In conviction,, and when he left the country his stock dis appeared, but at the same time Loomis is alleged to have become the possessor of an equal amount If this line of testimony Is borne out, as it Is rumored it will be, the evidence of the Federal officers will, without doubt, be given to the Wasco County grand jury or to the District Attorney of that dis trict and an Indictment will issue for Loomis on the charge of being an ac cessory after the fact to the Norman Williams murder. , Secret Conference Held. The reason for the postponement of the second conspiracy cases on trial has at last become apparent, and the future fate of these same cases is a nunc 01 con- i jecture. It is known that on the evening of Mon day, December 12, the defendants In the first case went Into executive session and did not finish their arguments until the eastern horizon was beginning to pale on Tuesday- morning. The story of that meeting is said to have been substantially as follows: S. A. D. Puter, Emma L. Watson, Hor ace G. McKInley, Marie L. Ware and perhaps Dan W. Tarpley met to talk over the situation. It was argued by all of them that they were at a disadvantage; that they had all been convicted, with the exception of Miss Ware, who did not have a pleasant time awaiting her; that there was a great deal of trouble ahead from which they saw no way of escape. All these things considered were not ; pleasant to contemplate, so said Puter j and Watson and McKInley, and they did not see why they should suffer In si lence while the bigger ones rested in peace and security. They then 'decided to tell what they knew. 9M4! Miss Ware was game, however, and bolted the caucus. She called to mind, so the story runs, that the Government attorneys were not particular friends of hers. She remembered the way they had talked about her in the courtroom, and therefore did not think that they would deal kindly with her. Further than that, she was not under conviction, and had nothing to fear. For all of these reasons she refused to agree with the rest qf the defendants, and reminded i them of a location, to which they could journey provided they did riot like her decision. Marie -Ware Refuses to Confess. The next morning, however, all hav ing had time to consider the question, -it was flnaly determined by Putor, Mc KInley and Watson, that the best thing for them to do would be ,to tell what they knew. Miss Wrare, however, held out. She did not concede that she had anything to confess, but she, at last, consented to go before the grand Jury with whatever testimony she might be able to give. In return for all of this, so it is said, the defendants made up their minds that they could rest at ease under the hope of receiving the minimum sen tence for the crimes of which they had been convicted. Now the question is, "What about the cases which were postponed? Will they come to trial in April?" Echo answers that such a thing is unlikely, and that the public will never hear what might have come out of the witness chair had the trials proceeded. Defendants Testify Before Grand Jury The agreement made was commenced in its fulfillment yesterday when S. A. D. Puter and Horace G. McKInley -went before the Jury and told what they knew of the frauds in which' they were concerned. Marie Ware and Maude Coffin were in readiness to testify, but were not called; and will tell their stories today. Clyde Lloyd and Thad deus S. Potter were also witnesses yes terday. Potter was an attorney in the office of Pierce Mays, and it is said that much of the land alleged to have been se cured by Mays was deeded and trans ferred under . the name of his office cleric C E. Loomis is at his home in' Eu gene, and it is said will await the in dictment that is certain to come against him provided the statute of limitations has not run against him. S. B. Ormsby Is Missing. S. B. Ormsby, on the other hand, is not to be found. His home at Salem, so it Is reported, is closed and vacant. He is said to have come to Portland with Mrs. Ormsby on Saturday last, to have tarried in the city long1 enough to consult an attorney of the city, and then to have again departed. Conspiracy Cases Advanced. WASHINGTON, Dec. 19. The Supreme Court of the United States granted the motion to advance the hearing of the Benson-Hj'de and Dlmond Pacific Coast land-conspiracy cases, and they were set down for February 20. The cases involve the question of removal from one Juris diction to another. BOLL MUCH MODIFIED. Pinero's Play Given Jnitial Perform ance in New York. NEW YORK, Dec 19. "A Wife With out a Smile," Arthur W. Pinero's much discussed comedy, was given its first American presentation at the Criterion tonight. This play opened at Wynd ham's Theater, London, several weeks ago, and aroused much discussion ow ing to the introduction of a mechanical doll, which was one of the features of the play. The doll Incident was' greatly modi fied. In tonight's performance. The play was given a cordial reception by a large audience. v T E OF LIFE Nan Patterson-Recounts Events to Jury. INTEREST MOST INTENSE In Dramatic Manner She De nies Murder of Young, STRONG. WITNESS APPEARS Mr. Levy Testifies That He Saw the Tragedy in the Cab, and That the Man Fired the V Shot. NEW YORK. Dec 19. "Did you or did you not shoot Caesar Young, Nan?" said Lawyer Levy to Miss Nan Patterson to day. "I did not," replied the witness in a firm voice. "I would give my own life to bring him back, if it were In my power. I never saw the revolver with which he was shot. There was a flash, and then the end." In a voice quivering. with emotion, but filled with dramatic Intensity, Miss Pat terson, who Is on trial charged with the murder of Caesar Young, - recited to the jury the scenes in her life" which had to do with her dealings with Young. Not only did Miss Patterson swear she did not kill Young, but she denied every circum stance in the case which the state has brought up against her. She denied that she was dismayed be cause Young was about to leave her and go to Europe, after having been told by him, as it has been alleged, that all was over between them. On the other hand she testified that, as a result of her con-,! ierence with Young, it was agreed that, she should join him In England and takef apartments in the Hotel Cecil. London. taking care that she kept her whereabouts a complete secret from Mrs. Young and. Young's relatives. An Important featurr. brought out was the fact that Youn; gave, the woman a postal card, on whlcfi. he wrote -his name 'and address, sayingyflF was something she might need. -Great Quiet in Courtroom. The crowd in the courtroom became suddenly still when the former show girl took the stand. The first of her testi mony relating to herself was given In a. low, even voice, but as she proceeded her' tones became more tense, until, In her ac count of the fatal'cab ride, her voice filled with tragic expression. Early in her story Miss Patterson told of her original meeting with Young, of their life together, and of their contem plated European trip. She told of her talk with Young the night before his pro posed departure for Southampton, of her being awakened by a telephone message from him to go to the pier to see him off, of the ride downtown, of the moments in a saloon, and of the ride in the cab before the shooting. She was asked to describe what happened after leaving the saloon, while driving down West Broad way. We talked about his irolnsr awav. and he kept questioning me about my coming to meet him," she said. "I did not say anything, and finally he said: " 'But I don't feel positive' that you are going to come over.' He said: " I believe that you are fooling; are you?' Then he said: " 'Are you going?' I said: Refuses to Go to Europe. " 'Well, Caesar, there's no use saying I will, because I've made up my mind not to; but-you go over there and got things quieted down, until the folks have for gotten about things by that time. I will meet you at the Saratoga meeting.' "He looked at me awhile, and said: 'Do you mean that?' and then he grabbed me by the hand nearest to him and pulled me over toward him. He. hurt me. so thatI tried to pull away, but I could not get away from him. I put my other hand up and he grabbed mc. Somehow or other, I got away from him. I told him that he hurt mc "He said: 'If you don't come over there, and I have to wait until the Sara toga meeting, I may never see you again. My horses have gone back on mc I've lost all that money. Now I'm losing my little girl; do you mean that?' "He grabbed me and hurt me so badly that the tears came to my eyes. I tried to struggle away from him again, and had to bend away over. "There was a flash the end." "You heard a report?" her lawyer asked. "Yes." "Was the pistol in Young's hands?"" Did Not Know He. Was Shot. "I had not seen the pistol. Mr. Young fell over my lap, got half -czy up, fell again, and I thought he was" having a spasm. He kept twltchmg and twitch ing. I called to him and trlea to make him answer, but he would not. I believe I put my hand up and told the cabman to drive to the druggist. I don't know whether I did or not. That was my idea, and it seemed oh; ages before I could get any one to pay any attention to me and help me. "A policeman got-in the cab, and I felt so relieved. I knew he would take care of Mr. Young. I seemed to be dazed in my memory after that." "Nan, look at me. Did you shoot Caesar Young r asked Mr. Levy. "Mr. Levy, I did not have any pistol to shoot Mr. Young, with; and If I had-'' said the witness in trembling toner Assistant District Attorney Band ob jected to further answer, and was sus tained. "Did you, or did you not, shoot Caesar Young, Nan?" "I did not. I would give my own life to bring him back, if it were in my power," she answered. SAW FATAL SHOT FIRED. Witness Swears That Young Held the Pistol. NEW YORK, Dec 19. Tho defense In the' trial of Nan Patterson for the murder of "Caesar" Young was begun, today. Having waived the privilege of making an opening address, Mr. Levy called as his first witness Ida F. -Townsend. .. She said that on June 3 last, sho was em ployed as a telephone operator at the SL Paul Hotel, where the defendant -resided. On the evening of June 3 Miss Patterson came to the desk and told her that if anyone else but "Caesar" Young called for her to tell them that she had gone out to dinner Later in the even ing Young called up and gave her a mes sage which was delivered to Miss Patter son. Edward S. Grossman, a clerk in an Eighth avenue confectionery store, said that Young used- the telephone In the store shortly after 7 o'clock on the morn ing of June 4. According to the wit ness, when Young got his connection through the central office, he said: "Good morning. How do you feel this morning? Hurry up and get dressed and meet me. ' Grossman said he remembered the in cident of Young's early morning call very distinctly. The witness Insisted that this was true despite a signed statement pro duced by Mr. Rand in which Grossman said that he first recalled the visit of Young when Lawyer O'Reilly, for the de fense, questioned him two weeks ago. Assistant District Attorney Rand was then called by Mr. Levy as a witness and asked if the name of Witness Grossman had not been given him by the defense. Mr. Rand replied in the affirmative. The first alleged eye-witness of the tragedy in the cab called by the defense was Milton W. Hazelton, an Inventor, of Oceonta, N. Y. Mr. Hazelton said he was visiting in New York early in June, and was on West Broadway on the morn ing of June 4. . He was walking Blowly along when he saw a hansom cab ap proaching. There were two persons ln: the cab. one a woman, whomhe identified as the defendant, and the other a man. As the cab neared him he saw the flash of a revolver. "Did the man have the revolver in his hand at the time of the report and the flash?" asked Mr. Levy. Head Falls in Woman's Lap. "He did," replied the witness. "He had both his hands raised above his left shoul der. As the shot rang out the man-s head fell Into the woma.n's lap and she placed her hands on top of his head." Mr. Hazelton said there was a man with him who also saw the shooting. It was this stranger who had called his attention to the cab. Whom the stranger was he (Concluded on Page Four.) CONTENTS OF TODAY'S PAPER The .Weather. TODAY'S Probably occasional llphtTaln; east erly winds. YESTERDAY'S Maximum tempera tare. f,2 deff.i minimum. 45 PrefpltatIoD,.1C07 inca. War la JFar,0Eat. -Fort north of kekwan Mountain 1 blown up by ble mine; Japanese'occupy fort. Page 1. Japan, thrills vwith pride In her soldiers and eallors. Pase 11. Heroism oC the Japanese torpedoboat. crews. In- attack cn Sevastopol. Pate 11. Bottled Port Arthur fleet, is too badly damaged to be fit for service. Page 11. Trial of Nan Tatterson. Nan Patterson, on witness-stand, denies In dramatic fashion the murder of Caesar Youns. Page 1. Former chorus girl tells of her life previous to the tragedy. Page 1. Bye-wltnees of the shooting saya Young fired the fatal shot himself. Page 1. Smoot Investigation. Apostle Smith testifies In Smoot investigation at Washington. Page 1. Mormons in Utah us a school buildings for teaching their doctrines. Page 1. Idaho Mormons get political tips from Ealt Lake. Page 1. Coagresx. The House disapproves plan of holding Inaugu ral ball in the Capitol. Page 3. Special order refused bill to restore to Naval Academy cadets dismissed for hazing. Page 3. Domestic Great increase in number of accidents on rail, roads during the year. Page 20. Captain and three men lose lives In burnlnc of oil barge at sea. Page 5. Dead wall falls on Minneapolis hotel, killing a number of guests. Page 5. Dental work may lead to Identification of young woman murdered near Colorado Springs. Page 3. Automatic couplers must be placed. on all rail road cars. Page S. Foreign. North Sea. incident will probably be put down as an unfortunate blunder, Page 2. v Sultan of Morocco removes foreigners and takes charge of his own army. Page 2. Commercial and Marine. Holiday trade opens in produce district. Page 15. Break in copper weakens stock prices at New York. Page 10. Bulllh-wseat market at Chicago. Page 19. St. Johns company gets contract for repairing Wenona. Page 10. Steamer IKIburn strikes on Eureka bar. Pacific Coast. Three serious accidents at Walla "Walla and vicinity. Page 8. L Supreme Court decides that Oscar Jtogowan vausl serve five years In Penitentiary for burning mother's store. Page 8. "Willamette University etudents play odd pranks in chapel. ' Page 0. Sheriff sees JsJlbreaker Jump from train and captures him. Page 9. Sports. Portland Kennel Club leaves Western League and will ask new charter In larger 'organiza tion. Page 9. Britt Is slightly over, and Nelson a bit under fighting weight. Page 9." Portland aad Vicinity. Size of new Lewis and Clark Exhibit Palace Is Increased. Page 11. Senator Mitchell and Representative Hermann may not be permitted to testify before grand jury. Page 1. Defendants in land-fraud cases reported to have confessed. Pace 1. Henry Wclnhard's estate appraised. Page 13. B. Shelley Morgan holds office as T. P. A. secretary. Page 3. Property-owners protest at assessments for First-street bridge. Page 12. Price of logs expected to go up. Page 12. Expert will report on Morrison-street bridge this week. Page 12, Liquor license committee refuses to indorse ordinance providing longer saloon hours. Page 10. Dairymen in session, with Important Questions to consider.. Page 13. Charles Meehan beats the , fourth .criminal charge against him this year. Page 11. Representative Vantcr," of "Jackson aspires' to the Speakership in-the Oregon Legislature. Page 18. SMITH UN STAND Mormon Apostle Under Cross-Examinatiori. IN POLITICS AS CITIZEN Utah School Buildings Used to Teach Doctrine. RELIGION AFTER CLASS HOURS Idaho Editor Says Political Parties in His Section Looked to Salt Lake for Tip as to Which Would . Get Mormon Support. WASHINGTON, Dec. 19. The Senate committee on privileges and elections today developed nothing sensational in the Senator Smoot examination. Evi dence was Introduced by members of the committee in statements by A. C. Nelson, Superintendent of Public In struction for Utah, concerning the use of school buildings for the. teaching of Mormon religion. Apostle John Henry Smith was on the stand for two hours. Other wit nesses were Isaac Blrdsall, a Mormon, who said that his daughter was excom municated because she would not obey a decision of a bishop's court, which had deprived her of a piece of property to which she had the lawful title, and William Balderston, editor of the Boise (Idaho) Statesman, who testified in re gard to political affairs In his state. At the afternoon session, Mr. Bird sail was cross-examined. He said he severed his connection with the Mormon Church at the time his daughter was offered rebaptism if she would convey her property to Leavitt, but did not give the date. SMITH ON THE STAND. Says He Made Political Speeches Only as a Citizen. WASHINGTON. Dec. 19. Apostle John Henry Smith, of the Mormon Church, was recalled as the first witness today in the Senator Smoot investigation, and was cross-examined by A. S. Worthington, counsel for Mr. Smoot. Apostle, Smith said he had known A. F. McDonald (who died- during the present year), who was charged by one witness with having per formed a-plural marriage in Mexico. "It had come to the attention, of Presi dent Lorenzo Snow that McDonald had been exercising the right to marry or seal persons in plural marriages," said the witness. "President Snow instructed me to call McDonald to account. I went to Mexico, but did not learn that any plural marriages had been performed. I never have heard of any president of the church authorizing plural marriages since the manifesto." Denial was made by the witness that the Mormon Church' owned a majority of stock in the sugar manufactories of Ida ho. He was examined concerning his participation In politics in Idaho, and his testimony chiefly was contradictory of the" testimony given by Chairman Jack son, of the Idaho state committee, who testified Saturday. He denied that he had said that there had been revelations that certain political tickets should be supported. Apostle Smith, however, admitted tak ing a part in bringing about the repeal of the territorial test oaths which prac tically excluded Idaho Mormons from voting. He said he had made political speeches in Idaho in 1902, but appealed to the -voters as a citizen and not as a member of the Mormon Church. Apostle Would Lose Caste. When Mr. Worthington concluded hts cross-examination Senator Dubois asked Apostle Smoot if an apostle could take a plural wife now and retain his standing. "Unless perchance he were handled by the'laws of the countrj." was the re sponse. "You mean that some Gentile would have to make complaint?" "No, sir. If submitted to his council I think it would deal with him. I know I would." Pressed for a more definite answer, the witness said if the fact of a plural mar riage should be demonstrated in the courts, an apostle contracting such a mar riage would lose his standing. Attorney Tayler, for the. protestants, examined Apostle Smith concerning his knowledge of the alleged marriage of Apostle Abram Cannon and Lillian Ham lin, charged by witnesses to have been performed by President Joseph. Smith on the high seas, near L03 Angeles, in 1S96. The witness said he went to President Smith and asked him If he had performed such a ceremony, and the reply was that he had not. He admitted that if the president of the church had wanted to perform a ceremony of that kind he would be at liberty to do so. "But I believed him absolutely," concluded the witness. Apostle Smith said he had made inquiry as to who performed the ceremony, but obtained no information on the subject. The witness said he had serious doubts whether Abram 'Cannon had married Lil lian Hamlin. "Then what is the explanation you made to yourself as to the status of your brother apostle and Lillian Hamlin?" he was" asked. He said he had not concerned himself on the moral question, as. Abram Cannon was dead. Church Can Care for Itself. "If you knew President Smith had per formed, a plural marriage ceremony then what would you do?" .'I would go before a grand jury and sIva my testimony." "Tcn your only Interest would be to see that the guilty person was punished? What about the effect upon the church?" "The church would have to take care of Itself." The witness said he would take no ac tion in such a case unless he saw the ceremony performed. Apostle Smith said there was much contention between members ot the church on the subject of- tho legality of plural marriages, until polygamy was prohibited by the church In President Woodruffs manifesto. Chairman Burrows drew from the witness some statistics relating to the church, but no register of the total mem bership. In regard to colonization. Apos tle Smith said there is a large settlement in Mexico, and that one-third u the pop ulation of Idaho and one-fourth of the population of Wyoming are Mormons. Oth er states and territories that have large settlements are Nevada, California, Ari zona, Colorado and New York, while Iowa has a large settlement of the reorgan ized Church of Latter-Day Saints, which drew away from the other church because it did not believe in polygamy. Apostle Smith said that the suspension of the practice of polygamy was the re sult ot a revelation, and that it would take another revelation to put it in force. "Then the president of the church might put polygamy In practice by re ceiving a revelation?" "Not unless the people should receive It. Nothing is forced on the Mormon peo ple." ; Nearly Lost Her Mind. Isaac Blrdsall. formerly a Mormon, now living at Elsinore, Utah, was ex amined considering a civil trial in a land case In which he and his daugh ter were defendants. The case was heard in the bishops court of Monroe -ward, in Utah, where Birdsall and his daughter were charged with un-Chris- tlanlike conduct. James E. Leavitt brought the action to obtain possession of 60 acres of land which he is alleged to have purchased from the Birdsalls, but to which lie did not have title. Mr. Blrdsall lost the case, and it was de cided against him also in the high council, the next higher church court, and appeal was refused by the officers of the flfst presidency, the higher court. Before an appeal to the first presi dency was attempted the witness said his daughter was given notice to carry out the verdict of the church courts, or the first presidency would take action by cutting her off from the church. Records in the case were Introduced showing- that Cora Birdsall, the daugh ter, was excommunicated in June, 1903. Mr. Birdsall said that the decision so wore on his daughter that she neither ate nor slept nor drank, and appeared to lose her mind. Her condition was brought to the attention of the presi dent of the state, and her parents were told their daughter would be torment ed and led by evil spirits until she had complied with the decision of the church court n regard to tho land. In which event her baptism was prom ised her. Forced to Deed Property. Later she was re-baptised in the church, and then made the deed con veying' the land to- Leavitt. The wit ness said his daughter sent word to him by her mother that he had been forced to deed away the property in question. William Bud, of Paris, Idaho, was re called by counsel for Mr. Smoot. He said that as a bishop of the Mormon Church he has not entertained a case involving"the title of land, for the rea son that presidents of the church have given instructions that bishops and presidents of states could not hear such cases. Keeps Law in Theory., Apostle Smith was recalled and ques tioned by Chairman Burrows concern ing the immigration from- foreign coun tries. He had testified 'that from ono third to one-half of the converts to the church came from Europe. The emigrants, he said, are usually placed In charge of an experienced man and brought over on steamships with which the foreign missionaries do business. There are about four sailings a year, he said. To Mr. Taylor he said he was present at the meeting at which Mr. Penrose was elected an apostle. The fact that Mr. Penrose was a polgamist was not mentioned or thought of, and he added: "That question does not enter into the election. It Is settled in our coun try that the people must obey the laws of tho land." "Do you?" said Mr. Tayler. "Well, I try to." "But you have not succeeded very well?" asked Chairman Burrows. "Well, ipt so far." Straight Tip From Salt Lake. Apostle Smith was then discharged, and William Balderston. editor of the Boise (Idaho) Statesman, and formerly connected with the' Salt Lake Times, testified in regard to political condi tions In Utah about the time of the issuance of the Woodruff manifesto and in Idaho after 1891. Asked concerning the passage of a resolution calling a constitutional convention, which was believed by Gentiles to be for the pur pose of repealing the Idaho test, he said that during the session of the Legisla ture, Apostle Smith asked him if he thought the time had come when an amendment could be made to the con stitution to eliminate that portion, "so distasteful to his people." Shortly af terward the resolution passed tho House and Senate without comment The witness said that polygamists living In Idaho have Increased, despite the fact that there have been few plural marlages within the state. He said that up to the late campaign both political parties in Idaho were disposed to go to Salt Lake "to get a straight tip" as to which would get the Mormon support. Tayler asked If they got this tip, and received the response, "Yes, but they never knew whether it was straight." It was brought out by Mr. Tayler that the Idaho Attorney-General Is reputed to have taken a plural wife within the last two or three years. Religious Classes After School Hours. A. C. Nelson, of Salt Lake. State Su perintendent of Public Instruction, and a Mormon, was sworn. He is now mak ing an investigation of the extent In which religion -classes are maintained in the schools. Answers have been re ceived, he said, from all the County Superintendents except three. Classes are held in about 300 buildings. These classes are assembled after the ad journment of the regular school day, which varies from 2:30 to 5 P. M. Nelson read a letter, which he had sent to all school superintendents, call ing attention to a statute prohibiting sectarian teachings In the public schools. So far as he had information, Mr. Nelson said that the schoolteach ers usually taught the religion classes. Smoot Knew of Investigation. On cross-examination, Mr. Nelson was asked if Senator Smoot had known matters relating to religion classes had been discussed. "Well," answered the witness, "I re member meeting Senator Smoot and telling him I was about to begin my Concluded, on P&xa lTaur.1 Innocent Man a Scape goat in Russia. OLD STORY AGAIN REVIVED Assassin of Von Plehve Said to Be in Switzerland. FLED FROM HIS HOSPITAL BED Czar's Government Safd to Be Carry Tying on Tragic Farce to Cover Up the Disappearance of the Real Criminal." (SPECIAL CABLE.) LONDON, Dec. 20. The sensational an nouncement is made by the Zurich cor respondent of the Daily Express that Sazoneff, the assassin of M. Von Plehve, ex-Russian Minister of the Interior, is a. free man. Thursday last the murderer, or a man said to bear his name and to bo guilty of the crime, was sentenced in St. Petersburg to penal servitude for life. It is this seeming termination of the famous case which, according to the Ex press correspondent, has prompted tho real Sazoneff to reveal his identity. Saz oneff's escape from the hospital where he was being treated for the injuries he received while throwing the bomb which killed Von Plehve was reported on Sep tember 5 and denied promptly and at length by the hospital and other Rus sian authorities. The story ran that two uniformed of ficers, alleging to have been sent from headquarters for the purpose of taking Sazoneff s deposition, gained entrance to the sickroom and helped the prisoner to escape. The denials ,of the truth of the report were so vehement and circum stantial that it was put down as mere fiction, and after having formed one oC the principal topics of conversation In all the capitals of Europe for one day waa forgotten. The Zurich dispatch in the Express, while not generally accepted as fully re liable, has neverthejess revived- ah the rumors and' reports incident to the first tales of Sazoneft's flight, and the question Is asked whether it is possible that the Russian authorities would knowingly send an innocent man to Siberia for life In order to cover up the escape of tho real culprit. Sazoneft's story and confession, as re lated by the Express correspondent, does not tally with the reports published in the early part of September. The cor respondent states that Sazoneff Insists that he made his escape unaided, tra versing Russia and Germany, and finally reaching Switzerland. It was his Intention, the man says, to assume another name and to take his secret to the grave with him. He was ot the firm opinion, he is reported as say ing, that the Russian police would maka some acceptable excuse for his disap pearance, but the heartless manner in which an innocent man is to bo rail roaded to Siberia has brought home to him the realization of his duty to the victim and to the world at large, so that civilized nations may become fully ac quainted with Russia's perfidy. JEROME GUARDS THE JURY. Cannot Be Used as Catspaws in the Lawson Case. NEW YORK, Dec. 19. Henry Welling ton Wacu, who says he seeks the prose cution of Thomas W. Lawson, did not ap pear today at District Attorney Jerome's office as he had announced he would, but his counsel, Charles M. Beattie, called on Mr. Jerome. The District Attorney cre ated some surprise by saying that he had seen another lawyer representing "larger and greater Interests than those repre sented by Mr. Beattie." Ho refused to say who the other lawyer was or disclosa what the other great interests are. "No one can get into the grand jury room," said Mr. Jerome, "in the first in stance, without a proven case or for pub lic reasons except over my dead body. The grand jury has been used heretofore in some instances to pull chestnuts out of the fire, but it will not be used in this in stance." Mr. Jerome refused to discuss the merits of the case, but declared that he will give all the assistance and support warranted by his office and will give the plaintiffs the services of one of his assistants for tha purpose of bringing the case before a Magistrate. Mr. Wacu's counsel said that he will proceed In the manner suggested by Dis trict Attorney Jerome and will have tho matter presented to a Magistrate's court. IRISH BOG IN MOTION. Farmhouse Submerged, and People Flee for Their Lives. DUBLIN, Dec. 19. A bog- calamity Is reported from Castiereagh, Roscom mon County, West of Ireland, in which much property has been destroyed and many lives were placed in danger. The bog at Cloonshievier suddenly began to move during the night and in less than an hour had covered an area of three quarters of a mile, which had hitherto been dry ground. All the farmhouses in the path, of tha slide were submerged and the occu pants had t' flee for their lives, leav ing all thoir belongings behind them. A committee is forming for the relief of the sufferers, whose poverty is de scribed as appalling. Russian Vessel ' Bound East. CAPE TOWN, Dec. 19. Some warships of the Russian second Pacific squadron passed Cape Town thi3 afternoon, east ward bound. D