VOL. XLTV. NO. 13,741.
PORTLAND, OREGON, FRIDAY, DECEMBER 23, 1904.
PRICE FIVE CENTS.
TO INDICT THREE
Government Is Mak
ing Attempt.
VIDENCE IS SOUGHT
MitchelI,WilIiamson and
Hermann Involved
CHARGES ARE TO BE MADE
Grand Jury Will Investigate
Alleged Conspiracy.
LAND FRAUDS ARE INSPECTED
Mr. Williamson Is Said by Prosecu
tion to Be Connected With F. P.
Mays Mitchell and Hermann
Will Arrive Tonight.
To seoeure the indictment of Repre
sentative Williamson for .alleged con
spiracy to defraud the Government of
the United States of a portion of its
public lands is as much the purpose
and Intention of the officials now en
gaged In conducting the investigations
of the Federal grand Jury as it is their
endeavor to have Indictments returned
against Senator Mitchell and Represen
tative Blnger Hermann.
Evidence and testimony Is being, and
has been, prepared by -which the Gov
ernment hopes and expects not only to
indict these three men, but there will
also bo a determined effort to secure a
conviction at the succeeding trials.
Such is .the oninlon of authority which
cannot be questioned, andTn vlewof
the ce-talnt of the statements wnicn
have been made, the remainder ot the
sessions of the grand jury will be
fraught with intense Interest to the
people or the entire country.
The entrance ot Mr. Williamson into
the land-fraud cases comes as a great
surprise, but it has developed through
the connection existing between him
and F. P. Mays, as well as through
many other deals which have been dis
covered In various parts of the state
by the Government officials who have
been probing the records of land trans-"
actions of the past few shears. It is
stated that Mr. Williamson has been
closely connected with Mr. Mays in
Ills dealings, and the charge is made
by the Government that he has handled
lands, and helped In their handling,
which he knew to have been taken
from the Government under fraudu
lent pretenses.
It Is said by the prosecution that he
lias operated In the west of Oregon and
that the vicinity of Prinevllle, his
home, has also been the seat of his ope
rations, and there are those how liv
ing in both sections of the state who
will yet come under the notice of the
grand jury.
The work of the grand jury Is not
done by half even la point of time. A
week has now passed and one Indict
ment has "beon returned, but that one
will be the forerunner of others which
are yet to come, and It will be well into
the month of January before the 23
men who have been selected to sift out
the mass of evidence secured by the
Government will have finished their la-l-t-rs
and gone to their homes.
Mitchell and Hermann Arrive Tonight
Tonight Senator Mitchell and Mr.
Hermann will reach Portland, the des
tination of their transcontinental jour
ney. They come with the expectation
of being able to explain away tneir
alleged connections with the frauds in
public lands, which are apparently
reaching such proportions that they are
the subject of Cabinet discussion In
Washington. They say that they are
Innocent; that the prosecution of the
Government is persecution, and that
time will right their wrongs and show
that they have been, and now are, the
objects of a conspiracy instead of be
ing the originators or participants in
one.
But it is now definitely stated that
the prosecution expects to prove en
tirely to the contrary the declarations
made by the two Congressmen of the
State of Oregon. The talk has not been
Idle rumor, it Is said, and it will be
cold facts before another two weeks
have passed over the waiting people.
And not only these but other things as
big, or nearly so, will come.
The Government's Position.
"How, though, are the Senator and
the Representatives connected?" is the
common query- That is a hard question
to be answered with any amount of de
tail, for their cases have not as yet
even come up to .he consideration of
the Jury, as far as has been known. But
If Williamson is entangled with F. P.
Mays, so is Hermann and so Is Mitcncll,
it is said. It has been shown by the
story of Mays' connection with Puter,
who is convicted of one offense, that
he has been more interested -with Puter
in his dealings. It was Mays who, as
the attorney of Pufcer. gavo the latter
a letter of Introduction to John H.
Mitchell at Washington. This much has
been shown in the testimony of the
trinl In which Puter was convicted.
Mitchell took Puter, upon the presenta
tlon of the letter to him, to Hermann
and told him Puter was one of
the bost men of Oregon, entirely re
sponsible, and that it would be a favor
If the lands In which he was interested
were to be passed through out of their
order; that thoy bo taken from the list
of susponded claims and made special
and immediate. This much has been
shown at the former trial. But this Js
not all. The allegation will be made
that Senator Mitchell was the friend
and helpmate of " timber dealers, and
lobbyists; that his committee rooms
In Washington were the headquarters
of this class of men, and that he shared
in their confidence and In their
benefits. This is, in part, the nature of
the evidence which, it is reported, will
be brought to bear against the testi
mony of the Senator when he enters
into the juryroom to explain to the
men there his innocence of all wrong.
Mr. Hermann will have his turn in
the juryroom with the Senator. His
connection with the Puter-Mays deal
will be shown, It Is asserted. He it was
who, acting as Commissioner of the
General Land Office, took the suspend
ed claims from the table and expedited
them to patent at the request and solic
itation of Puter and Mays et al. Nor
is this all that the ex-Commlsioner
will be asked to explain. The story of
the missing letter files will apply not
alone to Washington but to' Oregon.
The letters which were destroyed, as it
is alleged, with those 40-odd books,
were part of them written In this state
and had to do with conditions here.
The Washington records may have
been destroyed, as It has been claimed,
but there is no reason to believe that
the answers must necessarily have
gone the same path.
Thus the stories run, and but the
first chapter has as yet been written In
the complete volume which Is to be.
Thread after thread Is being taken up
and fitted Into the theme. Corroboration
is coming in from every part of the
state, and will continue to do so for
days yet. until the grand jury writes
"finis" at the end.
Ormsby and Loomis Cases Up.
The work of the Jury yesterday
seemed to be quiet but exhaustive. The
first witness of the day was J. A. W.
Heidecke, the mountaineer, whose tes
timony was so startling at the former
trial. He went Into, the room early
and remained for several hours. In the
afternoon Dan W. Tarpley took the
place of the man whom he bribed to
make false affidavits, and his stay was
a lengthy one. When he left the room
it was late in tho afternoon and the
jury adjourned.
The extended examination ot tnese
witnesses would tend to the belief that
the cases of Ormsby and Loomis were
being considered, for It was with these
two men that the special agents ana
thp forest superintendent had the most
to do. It was Heidecke who piloted both
Loomis and Ormsby. and It was Tarpley
who went into the mountains with
Ormsby upon his trip of purported In
spection.
This morning Horace JuaK-imey win
have another session with the Jurors,
which adds still more to the belief
that Ormsby and Loomis are now in
danger.
It Is expected that the jury win au-
journ on either Friday night or Satur
day afternoon. In order to give me
members an opportunity to spend
Christmas without interruption of
duty. It was thought, therefore, that
nothing of "great interest will develop
before the adjournment, but that the
developments coming will wait until
the week between Christmas ana tne
New Year.
ODELL THINKS IT OVER.
Conclusion Has Not Been Reached on
the Senatorsnip.
it.pa vv V Dee. 22. "Tea. the
Club this morning," said Governor Odell'
.tnis arternoon, una iuiu vn. ij
said were the views of the conference held
yesterday and their own views on tne
question of the Senatorsnip. i receivea me
committee, of course."
"Did you make them any promises?'
"Yes, I promised to think over what
they had said."
&.tttr tho rarrinen ride taken by him
self. Senator Depew and ex-Lioutenaht
Governor Woodruff last nigni irom me
New England banquet to the Union
York. Governor Odell
said there was no conclusion reached
among them on the Senatorsnip.
Rumors connecting the name of ex-State
oi Trtrnxto Wnndrlcks. of Syracuse,
ccuaiui .w- ' - -
now State Superintendent of Insurance,
with the United stales oenaiurauip u
tion were revived tonight by the fact that
Odell's arrival from
buuil iuii.1 ... ,
"New York he and Mr. Hendricks had a
long conference.
-Black Is a Candidate.
NEW YORK. Dec 22. Louis F. Payn.
. piukVo "MirmnrterH In
the United States Senatorship contest, said
today tnat nr. oiulo. a a. -
Senator Depew's place. Before leaving for
Albany today. Governor Odell received the
committee appointed by the conference
called by Senator Piatt yesterday. After
the meeting ex-Lieutenant-Governor
Woodruff, chairman of the committee,
8J"The committee discussed with the Gov
ernor at great length the Senatorial situa
tion and reported what was eaid and done
at the conference. The Governor told the
committee that he was very glad to re
ceive Information from every source with
regard to the sentiment of Republicans
throughout the state and of party leadens
here He further said that he was giving
the matter the most careful and constant
consideration and his whole desire was to
brine about the result that would best
serve the Interests of the Republican
P "That was all the Governor would say,"
concluded Mr. Woodruff.
RIVAL OP THE SANTA FE.
Rock Island Will Compete for Mail
rloute to Southern California.
CHICAGO, IH.. Dec. 22.-(Speclal.)-A
gigantic struggle Is on between the Rock
Island and Santa Fe Railroads over the
mall-carrying business between Chicago
and California. The fight for the Gov
ernment business leaked out today in the
announcement, of two daily trains by
each line between Chicago and Southern
California.
Up to this year the Santa Fe has en
joyed the exclusive mall trafile between
Chicago and the Western coast. This
season the Rock Island Company deter
mined to go in for the traffic, which Is
very remunerative. It is estimated that
the Government pays to the Santa Fe at
least $1,000,000 a year for carrying the
mall between Chicago and Southern
California.
The fight between the Santa. Fe and
Rock Island promises to be the moist ln
trtaHnt? In the history of transcontinen
tal railroads in view of the fact that It
involves the aioore-ieeas syndicate and
the only Independent line In the West,
the Santa Fe. According to the first an
nouncement the fast mail trains of either
road will depart from Chicago every
morning and arrive In Los Angeles In the
morning of the third days, making the
run in something under -70 hours.
C. R. Claghorn Succeeds Harry Horn.
ST. PAUL, Minn., Dec. 22. President
Howard Elliott, of the Northern Pacific
Railway Company, has appointed Charles
R Claghorn manager ot the Northern
Pacific mining properties to succeed Har
ry Horn, who was promoted to general
manager last Summer.
Lost Millions in Copper
Stock Deal.
LAWSON CALLS IT BUNCO
Says Rogers Used Broker and
Then Turned Him Down.
ADDICKS IS GOING TO BOSTON
Warned in Advance Not to Try Any
Tricks Maritime Lawyer De
mands That Financier's Name
Be Taken From Ship.
NEW YORK, Dec. 22. Of many sen
sation developments of the Lawson war
on 'The System" today is a statement
by the Boston financier that James R.
Keene was bunkoed out of $7,000,000,
which the trust had promised him as a
reward for making "wash" sales of
Amalgamated Copper. This statement
followed the publication by Mr. Keene
of his letter to Lawson, which the lat
ter had alleged contained proof ot the
statement that Keene had made "wash"
sales of Amalgamated Copper.
In an interview today Lawson de
clared Keene was promised a loan of
57,000,000 by Henry H. Rogers In re
turn for "washing" big blocks of Amal
gamated stock, but was turned down by
Mr. Rogers after Mr. Keene had done
his bidding. Strange to say, later in
the day there were rumors in Boston
that Mr. Keene would soon take up the
cudgels against "The System" in con
junction with Mr. Lawson.
Never a Hint Before.
The story of the alleged dealings be
tween Keene and H. H. Rogers and es
pecially the "throwing down" of Mr.
Keene, was a big surprise. There has
never been a hint of lt before. It is
said that Mr. Law3on was in communi
cation with Mr. Keene yesterday and
that their relations were not so strain
ed as might appear.
An Interesting meeting Is expected
tomorrow Wban J(. Edwalrd Addicks
comes to Boston. He Is warhedin ad-,
vance not to attempt knyrof hilftrlcks
on Lawson, but Lawson has decided to
meet him and Addicks will be face to
face with the man who has attacked
him so biterly.
Ship is s Pirate.
Eugene Carver, of the Jinn of Carver
& Blodgett, leading maritime lawyers
of Boston, demands that the name of
Thomas W. Lawson be taken off the
seven-masted 'schooner now sailing' the
high seas. Mr. Carver addresses an
open letter to Mr. Lawson, asking him
to resign from the presidency of the
Coastwise Transportation Company. In
substance the letter says that Mr. Law
son has stated that, he has carried out
financial plans which have caused loss
to many worthy people, hence the ship
Thomas W. Lawson Is sailing under
false colors and "is a pirate."
Mr. Carver asks that Mr. Lawson sur
render his shares of the Coastwise
Transportation Company at a price ,to
be decided by three disinterested sur
veyors of shipping in Boston.
USED TO FLAY HEINZE.
Lawson Says That Is Why Rogers
Bought the. Commercial.
BOSTON, Dec 22. Thomas W. Lawson
gave out a statement tonight in which
he shows the relation of the New York
Commercial to Henry H. Rogers, of the
Standard OIL crowd, and continues. In
part:
"At the beginning of my story a man
named Denis Donohoe began a most
vicious and indecent attack upon me in
the pages of the New York Commercial.
Among other things, he accused mo at
great length of being crazy, and this arti
cle was Immediately reprinted by the In
surance companies and sent broadcast
over the World. As soon as this article
appeared I wrote Donohoe and Invited
him to come to Boston, for obvious pur
poses. "Although my letter was a private one,
he caused to be advertised In other New
York papers that It would -be printed In
the . Commercial, and the following day a
letter was printed which purported to" be
tho one I sent him, which, of course. It
was not. I then wrote Donohoe a letter
In regard to this, which I marked 'con
fidential and private,' and which he pub
lished in the New York Commercial this
morning.
Apologies From Donohoe.
"H thereupon wrote me a letter apolo
gizing for all the contemptible things he
had said or might have to say.
"1 would say here and, of course, I did
not publish his letter, notwithstanding
the awful provocation he gave me, until
I received his consent when Donohoe
began his attacks I made the statement
that the New York Commercial was
owned by Henry H. Rogers. Rogers and
Donohoe tills morning made denial of
this: I herewith give the facts:
"Henry H. Rogers, becoming frenzied
at the attacks of Helnze, of Montana,
looked about for an organ through which
to flay him. and, finding the New York
Commercial's then owners, D. O: Haynes
and others, pressed for capital, induced
them to accept a loan from him. He
then started Donohoe upon that inde
cently scarlet biography of Helnze which
astonished all civilized men and women
who read It .
"Suit in heavy damages was begun by
Helnze against the Commercial, and
Rogers, having dragged it through the
mud and the mire and discredited it
financially and otherwise, refused to give
Haynes that further financial assistance
which was necessary for the preservation
of his Interests. Haynes came to see me
and begged that I would assist him from
the clutches of Rogers. I was so situat
ed at the time I was compelled to refuse
his request, although It pained me to
do so.
"This Is the history of Rogers' owner
ship, of the New York Commercial, and
I hold myself ready at any time to prove
the facts outlined in any court of law
or- otherwise."
Addicks Arrives in Boston.
BOSTON, Dec. 22. The Journal tomor
row will say that J. Edward Addicks. who
has been prominently identified with the
gas companies in this city, arrived In
Boston tonight, and the Journal under
stands that he came here for the purpose
of having an Interview with Thomas W.
Lawson. Upon his arrival here Mr. Ad
dicks Immediately left for Newton, re
fusing himeelf to Interviewers.
The Journal will say that Alexander J.
Cowan, a Washington-street newsdealer,
was tonight served with a summons to ap
pear in court Saturday to answer to a
charge of selling and spreading an alleged
libelous article appearing in a current
magazine.
ROOT ON THE MONROE DOCTRINE
United States Must See That World
Power Wrongs Are Redressed.
NEW YORK. Dec. 22. Ellhu Root, ex
Secretary of War, was the chief speaker
at the 99th dinner of the New England
Society of the City of New York at the
Waldorf-Astoria. His subject was "A
Corrollary of the Monroe Doctrine." and
he said in Dart:
"The only relation that carries the pos-)
sibllity of war for this country is that
declaration and adherence of the Ameri
can people to the so-called Monroe Doc
trine. "There will be no frontal attack on the
Monroe Doctrine. The way In which the
cause of war may arise will be, if at all,
by the conflict of rights, the existence of
rights on the -part of foreign powers
against the American republics and the re
sult of the enforcement of these rights of
foreign powers against the American re
publics coming Into conflict with this doc
trine which we assert for our own safety
and preservation.
"We do not undertake to say that the
republics of South and Central America
are to be relieved of their International
obligations. We do not undertake to say
that the powers of Eurdpe shall not under
take to force their rights against these
members of the sisterhood of nations. It
is only when the enforcements of these
rights comes to the point of taking pos
session of the territory that we say that
it is inconsistent with the peace and safety
of the United States. And we cannot say
that with justice unless we also say that
the American republics are themselves to
be just.
"It is always possible that redress of
injury," that punishment for wrong, may
lead to the occupation of territory. And If
we are to maintain this doctrine which is
vital to our .National life and to its safety
at the same time that we say to the pow
ers of the world, "You .shall not push your
remedies To- ut.Jti y&gtfrisl these ropub
Jitis to the point "6t occupying their- terri
tory.'vwe are bpund to say whenever that
wrong cannot be otherwise redressed we
ourselves will see that It Is redressed."
CONTENTS OF TODAY'S PAPER
War In For East.
Japanese fleet goes south to meet "the Baltic
squadron. Pcge i. '
Report of Japanese success on Pigeon Bay.
Page 4.
Foreign.
Ex-Crown Princess Irfulse unable to see
children at Dresden palace. Page 1.
All England Is enveloped in a fog that
causes general suspension of business.
Page 3.
Russian Consul at Hull hears story of drunk
en sailor who swore he saw Japanese
craft among the trawlers. Page 4.
Auatro-Hungarian Admiral chosen fifth
member of North Sea Inquiry Coraznls
mlsslon. Page 4.
Younff Murder Trial.
Jury Is locked up at 11:30 P. M.' for the
night. Page 1.
Nino said to favor acquittal, while three are
divided on the helnouaness of the crime.
Page 1.
Frenzied' Finance.
Lawson 6ays James R. Keene was bunkoed
out ot millions In a copper deal. Page 1.
Eugene Carver says ship Thomas W. Law
son "Is a pirate." Page 1.
Standard Oil magnate said to have con
trolled the Jfew York Commercial to flay
Helnzer of Montana. Page 1.
roll t leal.
Governor Odellsays he Is considering the
New York -enatorshlp. Page 1.
Ex-Governor OBIack declared to be a can
didate. Page 1.
National.
Official count of votes cast at last Presi
dential election. Page 3.
Governor Brady reports on conditions In
Alaska. Page 5.
Domestic.
Dr. and Mrs. Chadwlck charged with forger-
of the Carnegie note. Page 3.
Grand Jury says New York llquo'r men send
large sums to influence legislation at Al
bany. Page 5.
Rock Island will compete with Santa Fe for
Chicago-California, mail-carrying. Page 1.
Young Gould sSiipioned to appear before
Columbia tntVeriJty authorities. Page 4.
Monte Attell knocks out Johnny Began at
St. Louis In the lTthround. Page 7.
Crack. Wash In giftnTnl Verity players Join
ing Seattle AT&pMn niiilv,n nm.
Pi
Choice Hood RIvSpWFsent to President'
Transportation ogfcwimo asylum by Sher
iffs Is most eTwitv" raethod. Page 6.
CommercialWnd Marine.
Sugar prices not -likely to be affected by San
Francisco rowPago,15.
New York stock aparket hea.vy and lifeless.
Page 13.. K
Reaction in whcaPprlces at Chicago. Page 15.
Turkey shortage at San Francisco. Page 15.
Grain freight meet Inactive. Page 7.
Porth&Kand Vicinity.
Government wlljue?hpt to secure Indict
ments of Congjssme'a. Mitchell. Hermann
and Wllllamsgn in land "fraud cases.
Page 1. ? J'."
Assistant District Attorney Heriey answers
Mays' statement that privileges were cur
tailed and la Exonerated by the Federal
grand Jury. Page 11. .
Circuit Court Judges post npjt rules, which
will expedite he" trial ofjSasek Page 14.
Horace S. L.ymanj well-knowtf'hlstorlan and
ex-superintendent of bregon Educational
exhibit at StouIs,vis dea". -Page 10.
Representative Ti B. Kay. q(JiIarlon Coun
ty, says he has SpeakersJilpVor Oregon
House of RcJrjescntatiTcsas good as won.
Page 10. J t
C. W. Jacksonffccuses MrsJJjr E. Dickey of
securing $ioiu?u agrcemvn. .Dy threats.
Page 18.
NERVES ON
IE
Nan Patterson Suffers
, Under Awful Strain.
JURY OUT FOR THE NIGHT
Nine Are Said to Favor a Ver
dict of Acquittal,
WILL REPORT AT 10:30 TODAY
Actress Bids Her Father a Tearful
Farewell and Goes Back to Her
Cell, Which She Had Hoped
Never to See Again.
NEW YORK, Dec. 22. The jury in the
Nan Patterson case was locked up at
11:25 tonight, not having- reached a ver
dict. At 11 o'clock the announcement
came from the Juryroom that no decision
had been arrived at, and immediately fol
lowing a statement that Judge Davis
would give the jury another half-hour be
fore locking them up. The hope of a ver
dict was dispelled, however, when a few
minutes before 11:30 o'clock Captain
Lynch, of the court squad, said that. "It
was all off," and the jury would be locked
up for the nlsht.
Miss Patterson heard the news in the
"pen," and it was so unexpected to her
that she came near collapsing.
It was understood that the jury would
continue consideration ot the case in the
small juryroom containing only a few ta
bles and chairs, and the jurors will have
no opportunity to sleep unless they can
nap m the small chairs.
As soon as the jury was locked up for
the night. Miss Patterson bade her father
a tearful farewell, and was escorted from
the "pen" In the court building to her cell
In the Tombs. The girl who showed such
courage through . the long trial is almost
a nervous wreck. The great strength she
formerly evinced has failed, and she re
peatedly exclaimed:
"Oh, hoW can those .men doubt my
word I"
Nine Ready to cquit.
TneJ.wiJl tre no opportunity of hearing
from the" jury again until 1050 o'clock to
morrow Jnornlng. the hour fixed by the
court fOra report from the 12 men who
are to decide tjbe fate of the chorus girl.
Immediately after the announcement
that the jury was locked up for the night
officers cleared the corridors of the court
building of scores of newspaper men' and
attorneys who had anxiously awaited
news from the jury. Murmurs of disap
pointment were heard from the crowd,
which seemed convinced that the jury
would never reach a decision.
The latest rumor from the juryroom was
that three men were holding out against
nine who desired to acquit the defend
ant. It was reported that the three
Jurors were at odds as to the seriousness
of the crime. One juror Is said to be
holding out for conviction for murder in
the second degree, and two others are re
ported to favor manslaughter In the sec
ond degree.
' One rumor was so definite that It named
a juror who had asked if he might fire
the revolver as the man who Is holding
out for the conviction of Miss Patterson
of murder in the second degree.
Crowds Watch the Windows.
Disappointed crowds in the streets
heard of the locking up ot the jury for
the night, and joined in the wait of the
persons who had been privileged to stand
in the court building during the delibera
tions of the jury. A few women were in
the crowd which stood In White street
and watched the windows of the juryroom
until the announcement came that the 12
men must spend the night in deliberation.
"That jury will never agree," was the
verdict of scores of men who followed
the jury from the cdurt building to a
neighboring cafe at 7:30 o'clock for din
ner. As they, filed back into the jury
room after dinner, there was silence
throughout the great building, and gloom
settled over the waiting crowd. As the
hours dragged on and no report came
from the juryroom, the crowds in the
building and in the street became impa
tient. At one time a small company of men In
the corridors broke Into song. Miss Pat
terson heard this, and her nerves are said
to have rebelled at the indication that
any one could be gay when a question of
such moment was under consideration.
Believes She Will Be Freed.
Miss Patterson, a'fter the jury retired
at noon, spent the afternoon 'and evening
betweon her cell In the Tombs and what
Is known as the "pen" on the third floor
of the court building. Most of the after
noon was spent in the Tombs. She re
ceived numerous telegrams and letters
from relatives and friends, congratulating
her upon her defense, and expressing the
hope and wish that her freedom was near
at hand. One of the messages was from
her mother, who has not been able to at
tend the trial. It said she hoped to have
her daughter home for Christmas.
The abiding faith-of the young woman
was shown shortly after 6 o'clock tonight,
when she expressed the opinion that the
jury would acquit her.
"I almost feel sure I will leave here to
night, for the jury. I think, will not stay
out all night.". ...
"When she said this, her face was tense
with nervousness, and in "her hand was
tho missive she had just received from
her. mother,. It read:
"Dear Nnnle: We look for you tomor
row, because father sent word that the
jury would set you free and send ycu to
mo tonight. I dreamed last night that
you were with us again, and; It was
Christmas day. God grant that the
dream comes true, and I will soon have
my little girl again." L
CHARGE BY JUDGE DAVIS.
Prejudice For or Against the Prisoner
Must Be Dismissed.
NEW YORK, Dec. 22. Soon after the
prisoner was brought into court. Judge
Davis began lus charge to the jury.
Justice Davis informed the jury that it
was not his duty to Interpret the evidence
which had been presented before them.
He would Instruct them only a3 to the
.rule of the law to the end that they
might arrive at a careful and just con
clusion. Any opinion they might have
formed either before or during the trial
should not be allowed to weigh unless it
was based entirely upon the evidence.
Prejudice either for or against the pris
oner should be entirely dismissed. Re
ferring to the alleged failure of the prose
cution to show that Miss Patterson had
any motive which might lead her to kill
Young. Justice Davis Instructed the Jury
that while It Is- not always necessary for
the prosecution to prove a motive, It 13
important In connection with the other
facts.
"In circumstantial evidence." said he,
"the question o motive often becomes im
portant, but it is not a motive that is
imagined; It must be proved."
Justice Davis defined the various de
grees of murder, and told the Jury that
although the defense claimed the prisoner
was either guilty of murder in the first
degree or was innocent", iv vas for them
to determine. They could find her guilty
of murder In the first degree, in the sec
ond degree or third degree, of manslaugh
ter, or they could render a verdict of
not guilty.
Testimony Must Be Weighed.
Referring to the several letters
which . have appeared in the case,
knowledge of which was denied
by the defendant, -he said that
the testimony of the witnesses must be
carefully weighed. If Miss Patterson was
believed the letters must be excluded en
tirely from their consideration; if not,
they must be taken at their face value.
In this connection, he said, the jury must
give careful consideration to the question
"whether It Is possible that the witnesses
for tho prosecution may have lied for
the purpose of aiding the prosecution of
the defendant On the other hand again
you must consider whether the defendant
was influenced by any motive to tell an
untruth about the letters."
Of the nbsence of J. Morgan Smith and
his failure to appear In the trial, he said,
the jury should take no cognizance. The
defendant was to be judged by her own
acts and not by the acts of others. The
rule of law regarding missing witnesses
does not apply in this case, as It had not
been shown that it was within the oower
of the defendant to produce him as &
witness.
Judge Davis said that if the defendant
fired the shot without premeditation she
would be guilty of murder in the second
degree. He then explained that she might
be found guilty In the first or second de
gree of manslaughter, If not of murder,
but added. If there was a reasonable
doubt of her guilt in any of the degrees
ot homicide, the jury mu3t acquit her.
Judge Davis finished his charge to the
jury at 12:15 P. M. Counsel for the de
fense asked the Judge , to charge the jury
on the evidence of B. It. McKean, but
the Judge- said he had 'already done pj.
"Before aofjpGut one of the Jurors asked
for the plstoFln the case, so as to make
tests with it. When the jury had ' left
the courtroom the police officer In charge
of Nan Patterson escorted her out of the
courtroom to- await the verdict, and she
followed the officer with a quick, firm
step. As she passed her father he gave
her a parting handclasp. Soon after the
jury retired the court took a recess until
2 o'clock.
EYES FIXED ON THE JUDGE.
Actress Face Is Whiter Than Her
Prison Pallor.
NEW YORK, Dec. 22. An Immense
crowd of curious people thronged the cor
ridors awaiting the verdict.
In the long hour and a quarter occupied
by the Judge's charge to the jury. Miss
Patterson bore herself well. The pallor of
five months in the Tombs was touched by
a clearer white by the strain under which
she labored, but only that and the sus
tained rigor of her attitude betrayed the
tension of her nerves. She was gowned
in black, the only touches of color being
a purple enamel-pansy, tipped with dia
monas, wjilch she wore on her breast,
and, peeping from the black collar of her
dress, a narrow niching, as white ftself
as the skin against which it rested. Her
black hat was up-tilted from, her brow,
and the thin net veil which depended
from it did not conceal the finely molded
chin and full lips which, though childlike,
are oddly firm. Once or twice she turned
and murmured a -word to her wlilte
haired father, Who was- athex side, but
the fixed expression of the girl's face
never changed, and her Hps hardly moved.
With hands clasped in her lap, her shoul
ders held slightly forward, and not once
seeking the support of her chair back,
she sat almost Immovable while the jury
received Its instructions. The gaze of
her gray eyes, showing in their depths
something of the look of a frightened
child, hardly wavered from the Judge's
face. Once, when Caesar Young's name
fell from the Judge's Hps, she qifickly
placed one black-gloved hand on the
table, gave a little start and then, with
a deep quivering breath that seemed to
expand her whole slight frame, she fell
Into her wonted fixed and strained posi
tion. Sir Charles Wyndham. the English
actor, who occupied a seat inside the rail,
was pointed out to her by her father,
and she stared curiously at the man who
stands for so much In that world In' which
she had once so briefly fluttered, and
once he turned and - bent his gaze on
her, his big glasses seeming to shine with
benevolence and cheer.
When the big nlock pointed to the noon
hour and a factory whistle sounded
through the courtroom, for the first time
the slight, black-robed figure relaxed.
The sound of the whistle seemed to break
the rigidity of her frame. She raised
both hand3 to the table, lightly clasped,
dropped her eyes, and heaved a great
sigh. It was the yielding of taut nerves
and flexed muscles, and sent a rush of
moisture to her eyes. She blinked them
rapidly, sipped a glass of water, and then,
her composure once more her own, again
bent that clouded stare upon the Judge.
It was evident that she was. under tre
mendous stress, and was compelling self
control with the greatest effort. But the
effort was successful, and not one sound
nor movement was marked enough to
be apparent beyond those who sat with
her at her counsel's table. When the
Judge had concluded his charge and the
usual formalities had been gone through
with, a bailiff stepped to her side.
"Whore do I go?" she almost whispered,
in a plaintive voice.
"Up stairs," he replied, and with quick
steps she was led back to the Tombs,
where she passed the long moments of
waiting.
The gossip in the courtroom was
that a disagreement was not unlikely.
This report was based on the fact that
one of the jurors had asked for infor
mation concerning some of .the exhib
its In tho case.
PLE1DS IN VAIN
Princess Louise Barred
From the Palace.
CAME TO SEE CHILDREN
Police Lieutenant Meets Herat
the Entrance.
MINISTRY MUCH DISTURBED
Cheers of Populace Cause Fear of Up
rising in Dresden, and Princess
Is Ordered to Leave the
City at Once.
DRESDEN, Dec. 22. Ex-Crown Princ
ess Louise arived here unexpectedly to
day. Accompanied by a lawyer, she pro
ceeded to Taschenbuerg Palace and
asked to be permitted to see her children.
Permission, however, was peremptorily
refused, and the Princess announced her
intention of leaving Dresden this after
noon. King Frederick August, who Is on
a shooting excursion, has been informed
of the arrival of his former wife.
The Princess voluntarily left tho
city "this afternoon for Leipslc. An Im
mense cheering crowd escorted her to
,the railroad station. The Princess,
who had written to the King that un
less he granted her oft-repeated re
quest to see her children she would
attempt to see them without his per
mission, arrived here unexpectedly last
night from "Vienna with a woman com
panion. She went to the Hotel Belle
vue, where she was immediately rec
ognized. The police were informed,
and the Ministry sent'a telegram to
the King at Pllnitz, who directed that
she should on no account be admitted
to the palace, but that she should not
be arrested unless she became violent.
Met by Police Officer.
The Princess wentalone to one of the
entrances of the palaces "6n Theater
Square at 9 ofclock In the morning,
dressed in mourning. A Lieutenant of
Polled saluted the Princess, and told
her quietly that It would be Impossible
for her to enter, the palace.
The ex-Crown Princess stood on the
steps trembling and a few guards and
policemen surrounded her, though she was
about to fall. The Princess recovered her
self somewhat and said three or four
times:
"Please let me see my children."
The Lieutenant replied that his orders
were peremptory and offered to walk with,
her to the Hotel Bellevue. She said that
would not be necessary, but he walked by
her side across Theater Square.
She returned to- her hotel, received no
one, and lunched In her room. In the
meantime many hundreds of persons col
lected In the neighborhood of the hotel.
Dr. Seheme, the attorney of the former
Crown Princess, called, and together they
drove to the railroad station and took a
train for Leipslc, designing to return to
Vienna.
The Ministry was much disturbed over
the possibility of popular disturbances,
and assembled at midday to consider tho
measures that might be necessary- The
police were directed to notify the Princess
that she must leave the city by 4 P. M.
and that she would not be allowed to
communicate with anyone except her at
torney. . 1
The Princess sent a letter to the court
martial asking if she could ' visit her
children and after receiving an answer-in
the negative, she left Dresden on the next
train.
Homage Paid byt Crowds.
SPECIAL. CABL.E.
DRESDEN, Dec, 22. The authorities'
here are amazed at the enthusinsm which,
was manifested by the crowd which ac
companied the ex-Crown Princess Louise,
now Countess of Montigso, to the railway
station after her unsuccessful attempt to
see her children at the palace. It Is tne
belief that the temper of the populace may
force King Frederick Augustus to make
some concessions to her regarding her de
mand to see her children if he desires xo
retain the love of his subjects.
The homage paid to the ex-Crown Prin
cess by the people Is the talk of the town
today. Well-dressed men and fashionable-gowned
women crowded around the
carriage and compelled the driver to stop.
In a loud voice some of the women com
manded the men to unhitch the horses and
pull the carriage back to the hotel, and
only when, considerable reinforcements
had been summoned were the police able
to disperse the crowd.
Fimilar scenes occurred In Leipslc wnen
the Countess stepped from the carringo
Hwi was helped into her barouche.
AMBUSHED IN SATVTAK.
Lieutenant and 30 Native Scouts Are
Killed Town Is Threatened.
' MANILA, Dec. 23. The Pulajanes
have ambushed and killed at Dolores,
on the Island of Samar, a Lieutenant
and 30 enlisted men of the Thirty
Eighth Company ofN Native Scouts. Two
thousand Pulajanes, It is reported,
threaten the town of Dolores and the
situation is said to be critical. Liueten
ant Abbott, in command of the scouts,
has requested that aid he sent him.
Lillian- Russell's Daughter III.
DENVER. Colo., Dec. 23. Dorothy
Russell, daughter of Lillian Russell, is
seriously ill at St. Luke's Hospital in
this rity of bronchial pneumonia. Shd
has been compelled td cancel her en
gagement at the Orpheum Theater,