Morning Oregonian. (Portland, Or.) 1861-1937, December 20, 1904, Image 1

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VOL. XLTV. NO. 13,738.
Grand Jury May Not
Hear Congressmen.
Land-Fraud Defendants Re
ported Having Confessed.
Marie Ware Alone Refuses, but Will
Be a Witness New Evidence Con
nects C. E. Loomis With
Norman Williams' Case.
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
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
"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
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
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
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.
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
Nan Patterson-Recounts
Events to Jury.
In Dramatic Manner She De
nies Murder of Young,
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
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
"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.
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.)
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.
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.
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.
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
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.
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.
Mormon Apostle Under
Utah School Buildings Used to
Teach Doctrine.
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.
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
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
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
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
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
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
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
Tayler asked If they got this tip,
and received the response, "Yes, but
they never knew whether it was
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.
Assassin of Von Plehve Said
to Be in Switzerland.
Czar's Government Safd to Be Carry
Tying on Tragic Farce to Cover
Up the Disappearance of
the Real Criminal."
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
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.
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
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.
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.