....THE M0BI:(fr.-6l '-29, 1905 FFERSfitQ DEFUSE Patterson Case Goes . to Jury on Evidence for State. MRS. SMITH AS"A. WITNESS Aclrpss' Sister Refuses to Answer Many Questions- Icst She' In criminate Herself Xan Expected 3Iarriage. NEW YORK. April 28. After a day of interesting developments, both the prose- ition and the defense- rested in the case cf Nan Patt'ferso'n. indicted .for the alleged murder of Caesar Young, the wealthy bookmaker, almost a year ago. The pros ecution finished its case just before the adjournment of the court, and later Mr. O'Reilly, of counsel for Miss Patterson, notified the prosecution that his fide would submit no defense and would rest cn the contention that the state had failed to make any case. The pian had been un der consideration, lor some days, but was only decided upon at a conference today between the counsel pr Nan Patterson and her aged father. The decision means the speedy conclu sion of the young woman's third trial. When the case is called Monday, to which date the trial was adjourned today. As sistant District Attorney Rand will imme diately begin the summing up of the case of the state. Eesldes this, the succession of events wfcteh marked today's proceedings Included the court's denial of a motion to dismiss the Indictment; the testimony of the pria cner s sister, Mrs. J. Morgan Smith, in 'which she made some interesting state ments, but stood on her right to rofuse to answer questions, on the ground that the answers might incriminate her; Mr. Rand's promise to quash the conspiracy indictments against Mrs. Smith 3f she would answer his questions; the protest of the counsel for the defense to the court that Mr. Rand's merciless method of ques tioning was "badgering the witnesses," and the rejection again by the court of the much-quoted letter of Mrs. Smith to Young expressing fear as to the conse quences If Young did not see her sister. Young Would Not Marry Nan. The direct examination of? Mrs. Smith, which was not completed, yesterday, was resumed today. Mrs. Smith testified yes terday that Miss Patterson had expected Caesar Young toget a divorce from his wife and marry her.. She, herself, be lieved that Young intended eventually to marry her sister until last May, when Leslie Cogglns told her that Young did not Intend to- carry out the agreement. Miss Patterson became greatly excited when Cogglns' statement was repeated to her, Mrs. Smith said. Taking up the examination where it was interrupted by the adjournment last night, Mr. Rand asked: "Did not Cogglns tell you that the best thing Young thought Nan could do was to accept Matt Trimble's offer, of mar riage?" ' Ho did not say anything like that to me," replied Mrs. Smith. "Did Miss Patterson say that the cause of her emotion was that Cogglns had mis represented Young's intentions toward her?" "She did not say so in those words, but I knew it." Mrs. Smith said Nan refused' to believe the story told by Coggins. She was .ex cited, thp "witness ".said, .boc&use she was disappointed at the postponement of her: marriage to Young. "She did not ay anything about her future intentions?" 'No." "She did not tell you ivhat she was go ing to do?" 7 ' -No." ' And yet you described Tier as' 'frantic' and desperate'?" - ' - 'Yes." "When you wrote the letter to Young were you in a state of feeling brought on by what Nan had "told you?" , "Yes, my sister Is not responsible for that letter." "Did that letter represent truthfully the state of your mlnd? "It did." 'Did it represent Nan's state of-mind?" This question was not answered. Mr. Rand here offered the intercepted letter which Mrs. Smith sent to Young, which was ruled out yesterday, and again it was rejected by Recorder Goff. ' Mrs. Smith's Story of Fatal Day. Mrs. Smith said that when Miss Pat terson procured a divorce from her husband all her expenses In the pro ceedings were paid by Young. The witness detailed the. movements of herself and husband and Miss Patter son on the day before Young's death. They went to the races, where they saw Young, and returned to their apartments in New York about 7 P. M. , - . , ' Did you and your husband visit Stern's pawnshop that night?" asked Mt. Rand. We did not," the witness answered. Mrs. Smith described the movements of the trio that evening, and told about Nan's going- out to meet Young late that night, and her return home about 3 o'clock the next morning. About 7 o'clock that morning, she said. Young called on the telephone and said he wanted, to meet Nan. Nan was asleep, and the witness did not want to wake her. Young1 called again a littlo later and repeated the request, and within a few minutes called a third time. Mrs. Smith then told him that Nan had got up and was on the "way to meet him. Fears to Incriminate Herself. In the course of his examination, Mr. Rand asked Mrs. Smith If she had pos sessed all .the Information she has test! fled to in this trial all the time since she left New York last June. Mrs. Smith replied that she would.like to answer the question, but feared it would tend to de grade and Incriminate her, as she is under indictment for conspiracy. The prosecutor then promised that if she would answer he would move next Monday to tjuash the indictment against her, but she declined to do so, until she had an opportunity to consult her coun sel. After she had consulted -with her coun sel, Mrs. Smith declined' to answer the question. I must stick to mr sister,' she told the Prosecuting Attorney, as she resumed the stand. "And you rofuse to answer, notwith standing my promise in open court to have the Indictment against you quashed?" asKea jur. .Kan a. "I do." "Again I ask, were you in New York on June 8?" "I decline to answer because my posl tlon might tend to degrade and incrimi nate me. Recorder Goff . directed the witness" to answer the" question, -saving -that 'it'xalled for an answer. She still declined to do so. saying: - , "I must stick to. my sister." "Will -vou answer if the indictment for conspiracy on which you are ield is dis missed now?" oroke in Mr. Hand. "No." replied the witness. Mr. Rand said that for the curoose of testing' the credibility of th"e witness be would ask Her If he and her hus band did not go to a hotel In Hoboken on" the evening of June 8 last and register under assumed names. Again she declined to answer. She said in answer to a question that sho dfd not see Stern, the pawnbroker, In Toronto last March, but heard he was there She declined to answer when asked .if she and her husband left Toronto .whqii news of Stern's presence there reached them. "Would Not Identify JLcttcr. ' Mrs. Smith identified a letter which she wrote to her sister, Harriet How ell, of Washington. This letter was written from Toronto, and was said by Mr. Rand to contain a statement to the effect that Stem was there for'the pu pose of identifying them as the pur chasers of the revolver, and that they would have to go away. The name Stern, Mr. Rand claims, 'is represented by the letter "S,' and he attempted to get a confirmatory admission from "the witness. She declined to answer when the question was put to her, however, and again Rand offered to -dismiss the conspiracy indictment If she would re ply. Attorney Levy, for the defense, broke in at this point with an objection to the methods- which were being" employed by the prosecutor. He complained to the Recorder that tho witness was being "badgered," and ask that Rand be warned to proceed In a different way. Mr. Rand replied, that he would not press for an answer, as he had no desire to confuse the witness. Mrs. Smith said she learned of Stern's presence in Toronto through a detective, but declined to answer .when asked It the detective had not told her that -Stern had arranged to return to New York as soon as he saw' her and her husband. During the examination of Mrs. Smith this afternoon, the witness identified a ring and a bracelet which she said were her property and were pawned some time ago by her husband. Mr. Rand attempt ed to draw from her an admission that they were pawned at Hyman Stern's shop on June 3 last, but In this he failed. Two renewal tlcketa which the prosecution pro duced, one for the ring pledged for $5 and the other for the bracelet pledged for $10, were dated October 4. 1901, and Oc tober 20, 1904. respectively. Just before the prosecution rested. Mr. Rand read extracts from the testimony given by Miss Patterson at the last trial, and then recalled Mrs. Margaret Young, the dead bookmaker's widow. She was asked If she and her husband ever had discussed a logal separation, but was not permitted to answer tho question. Motion to Dismiss Denied. A motion by Miss Patterson's counsel that the case be taken from the jury and the indictment against her dismissed was denied by Recorder Goff after exhaustive arguments, by the defense andprosecutlon. In his argument for dismissal Mr. Un ger, of counsel for the defense, contended that the conspiracy accusation had prac tically been abandoned by the prosocu- tlon. which had failed to prove that J. Morgan Smith was tho purchaeer of tho revolver. He further claimed that, as the case was admittedly one of circumstantial evidence, the testimony of Drs. O'Hanlon, RIgglns and Phelps indicated filicide rather than murder. Replying to the ar gument. Assistant District Attorney Rand contended that, in view of the fact that the crime had been proved beyond all question of doubt, even if nothing was known of the relations of the defendant with Young and of her threats against Young, the case ought to be submitted to the Jury on the character of the wound, which could not have been self-inflicted. He insisted that he had proven beyond all doubt that Smith was In Stern's pawnshop on June 3, 1901. the day the revolver was sold. He had not expected the pawn broker to Identify Smith, as a man in that eort of business was reluctant to make identifications. In denying the motion of the defense Recorder Goff told the Jury that his ruling on the law points should not bo considered by them to the prejudice of the defendant. A-story to the effect that Miss Patterson and her sister quarreled in the Tombs last night over the testimony given by Mrs. Smith -was - denied by their father.. John Randolph Patterson, today. In doing so he said: I am thankful to say that my daugh ters are devoted sisters: and, even if they were not, there would be no occasion for them to quarrel now, when there Is so much reason for them to help each other. I feel free to say that cither 'would be glad to sacrifice anything for the other. 1 Cm l Continued from "First' Page.) scope, and directed that -a modified form be presented to hlra tomorrow morning. Union's Offer to President. When Cornelius P. Shea, president of the International Brotherhood of Teamsters, learned of the action of the Secretary of War In ordering that troops be sent to Chicago, if neces sary to protect Government property, he consulted with other leaders In the strike, and afterward sent the follow ing telegram to the commandant at Fort Sheridan and to Secretary Taft: The Internationa! Brotherhood of Teamsters will furnish union drivers with or without com pensation for all wagons doing Government business. Thar will obey any orders issued by any contractor for the United State Gov ernment. C. P. SHEA, International President. Strike Spreads Rapidly. The strike spread rapidly throughout the day. Most of the teamsters going HALCYON DAYS IN C0REA Japanese Reform Barbaric Empire to Emperor's Disgust. LONDON, April 3. The Times' corre spondent visiting Gorea, telegraphs from Seoul that the country is undergoing a wonderful transformation. "The reforms that Japan has already- effected," tho cor respondent says, "are a blessing to the people, but are causing dismay to the Emperor and his court. The Emperor is cruelly disillusioned, but still hopes for the ultimate success of Russian power, which fostered the worst influencos of his barbaric reign, and he maintains commu nication with Lamsdorff through Ye Sal Kuen, ex-Fo'rolgn Minster, now attached to Pavjoff, ex-Russian Minister to Corea, at Shanghai. "The conduct of the Japanese has been exemplary. Never before have Coreans earned such wages. Civilian Japanese arc pouring into the country, and It Is esti mated that they number 60,050. Already there Is a practically uninterrupted chain of Japanese settlements from Fusan to tho Yalu. Railway extension and other Improvements have made remarkable progress. Most of the foreign advisers have left the country and have been suc ceeded by Japanese. "The most difficult post of all. adviser to the Foreign Office, Is entrusted to an American, whose patience, tact and abil ity in reconciling conflicting interests have won praise from all -nationalities. "The Corcan army has been reduced to a small palace guard, the Corcan police have been suspended and a Japanese gen darmerie is policing the Seoul district. Never has tho capital known such im munity from crime, and it is Intended to extend the system to the country." EVIDENCE NOT GARBLED Gladden Replies to Charge Made by Rockefeller's Lawyer. CLEVELAND, April 2S. Rev. Wash ington Gladden tonight gave out a statement in reply to the claim of Starr Murphy, of the private counsel of John D. Rockefeller, -that assertions made by Dr. Gladden were based upon gar bled reports of Mr. Rockefeller's testi mony in the courts. Dr. Gladden says ho can find no rec ord of the chartering of the "South. Im provement Company," and continues: "It. does not appear from the records of tho Investigation in which Mr. Rockefeller was a witness that any mention had been made "of the two companies of similar names. It 'does not appear that General Pryor, who was asking' these questions, had ever heard oT two companies He was ask ing questions abpiit one company sometimes called 'Southern' and somje tlmes called "South Improvement Com panyr of which Mr. Rockefeller had "been a trustee. He called It by, this names by which It "had been known by its officers and by the public. - Mr. Rockefeller must have Tcnown this .was thelconipany to xvlilcli he re crre'd.'- He answered -the questions -knowing ''wnat the questions meant." Chicago, and consider trie strife to be of a local nature and not to be feared as a xllsturber of -conditions in tho West The members of the Federated Trades Council and the head men of the labor unions deem Portland and tho Coast outside the circle of the strike's influence and look for no National eruption or no sympa thetic action on the part of the labor worl. The striking men in Chicago will bo given the aid and assistance of the Port land unlQn men to a certain degree, and It Is probable that financial aid may be sent to helpin the struggle, but that Is as fir as the Influence of the Industrial war now raging In the city by the lake will extend. The members of the Citizens' Alliance take a little different view of the situa tion, however. In that they hold the oat come of the difficulty, and the decision, of the Employers' Association In Chicago, will have an. effect throughout the Nation upon the industrial condition of the "I do not want to speak for the AM-! ance," said W. C. Francis, "but I think the outcome will have a tendency to bring the employer and the employe Into a more rational and at the same time more harmonious relation one to the other. The time has come when the employer and the men Who work for him must both have a regard for Individual liberty and freedom to alL This spirit must be shown to gain the support and the sympathy of the people. The effect throughout the FATE !S IN BALfiNCE 0. R. & N. May Kill or Save Palouse Irrigation. COST OF REMOVING TRACK IN TOMORROWS OREGONIAN HOW BEST TO SECURE CLEAN MARKETS. Miss Lilian E. Tingle, the new Market Inspector, addresses'herself calmly to this community, asking its co-operation in. securing a very necessary reform. ..." t THE RICH MAN'S OPPORTUNITY. -. ' "J ' ; " VT Dr. Newell Dwight Hillis takes for his. text the multi-. millionaire who sympathizes with his employesand4 the one -who regards all workers as slaves. THE HUMAN SIDE OF JOHN D. ROCKEFELLER. . To the series of popular biographical sketchos of American families of imperial poweiy Dexter Marshall contributes a cold estimate of the coal-oil King. It is neither eulogistic nor con demnatory. It describes the richest man in the country just as he is. PRACTICAL CHRISTIANITY AMONG THE JAPANESE. The only woman correspondent ever accredited-to the "War Depart ment of Japan tells a most interesting story of how the govern ment and private charitable organisations take care of the families of every soldier, living or dead. k NEW TYPE OF FIGHTING MACHINE. , "Scout Cruiser" is the name of a newly adopted war vessel. that combines the characteristics of the ordinary cruiser nrith the x torpedo-boat destroyer. It is fully described. THREE YEARS OF RECLAMATION WORK. J Succinct story of what the Government has done toward irrigation enterprises in the Far West, with striking illustrations.' ' BEAR HUNTING AS A SPORT FOR WOMEN; - Our Denver correspondent tells of many Eastern women who suc cessfully indulge in the sport that now engrosses the attention of President Roosevelt. - A GREAT SHERLOCK HOLMES STORY. Something new in the way of crime ; a guiltless homicide. This story is complete in itself and among? Sir A'. Conan Doyle's best. If Kailrond Bears All or Most of It, Irrigation Work Can Bo Doric, . Otherwise Cost Will Com- pcl-'Abaiidonmcnt. ' out. however, w.ore employed by small concerns. There are now about C500" team sters on strike, and their Inaction has largely deprived about 15.000 other men of work. It was Impossible today to have a package delivered to an address outside of the downtown district from any of the large drygoods stores. Custom ers were told that delivery of large parcels could not be made for a day or two at least, and they were strongly urged to take small pack ages with them. Hundreds of people called in person and by telephone at the headquarters of the drygoods drivers ask ing to- have parcels delivered. All of the requests were refused. Express drivers, however, were instructed by the strike leaders to carry coffins and flowors to funerals and in no manner Interfere with the shipment of corpses. Several 3Icn Beaten Insensible. Throe persons were seriously Injured during the street fighting today. They are: . R. Brown, colored, nonunion teamster, beaten into unconsciousness. Samuel Bradshaw, colored, nonunion teamster, struck on tho head with a piece of iron and knocked unconscious. Budd Moore, a colored boy sitting on one of the wagons of Field & Co., struck on the right arm with a brick. The arm was broken just above the wrist. Steady progress had been reported by the Employers' Teaming Association In securing men to take the places of the strikers, and "It Is predicted by the em ployers that before many days they will have their business back to a normal basis. Two men were shot and seriously wounded tonight by Charles King, a non union driver of the Pacific Express Com pany. King was on a Blue Island avenue car when a crowd of strikers which had followed him boarded the car and attacked him. King drew a revolver and emptied It at his assailants. He shot none of the men who attacked him, but instead the bullets struck two men who were stand ing near watching the fight. Joseph Zelg ler, one of the Injured men, rocolved a bullet In the left thigh, the bone .being shattered. His log will have to be ampu tated. Patrick Enright was shot in the left arm. and his injuries are not fatal, lving was arrested by the police after a fight, in which he attempted to shoot the officers. Fifty negroes from the South, who are to take the places of the strikers, arrived in a boxcar-today. They were placed in coal wagons bolonglng to the Employers' Teaming Company and taken to the barns of the J. V. Farwell Company. Occa sional bottles and other missiles wore thrown from windows at the newcomers, but the negroes escaped injury. Soldiers Will Guard Bullion. WASHINGTON, April 28.--Secretary Taft today received an application from the acting Secretary of the Treasury for the transportation of treasury coin and bullion passing between the Baltimore & Ohio Railroad station in Chicago and the sub treasury in that city, which is reported to be interrupted by tho teamsters' strike. The Secretary accordingly Instructed Colonel Duggan, who is temporarily In command of -the Department of the Lakes, to furnish the necessary teams and military guard upon application from the subtreasurer. It is explained that this action has nothing to do with the strike, but i made necessary to prevent an interruption of the functions of Government. STRIKE AS VIEWED HERE. How the Itabor Leaders and Em . plovers- Regard It. Portland labor leaders look with ease of mind upon the trouble now convulsing country will be to sober the -actions of the-unions and to make the. labor leaders more careful, to bring about a greater regard forthe observance of contracts and the performance of duty on the one hand and the observance of the laws of justice on ihc other. "It appears that the business men of Chicago have stood under the demands of the labor unions until they have had to resist In order to retain a control of their businesses. I do not think the Employers' Association desires an unjust advan tage, and I believe they are willing to give common justice to all In every case. That Is all we want, and I think the out come of the struggle will be the recogni tion of the contention and-the consequent greater Industrial peace and harmony for the future. BRYAN'S NOVEL LOGrC. Smaller Democratic Vote, Stronger the Party. . ST. JOSEPH, Mo.. April 2S. William J. Bryan was the guest of honor and Repre sentative Champ Clark was toastmaster at the Monroe day banquet here tonight. Mr. Bryan's subject was "Back to the People." He said In part: "The Democratic party has lost in three campaigns, and the majority has Increased, yet the party Is stronger to-' day than It has been at any time, since the polls closed In 1632, because it stands upon solid ground, and because events have been proving the correctness of the position taken by it. The Democrats who have been keeping the faith have no doubt of tho final triumph of their prin ciples. The forces that are behind the truth are as Irresistible and as constantly at work as the forces of nature which bring forth the harvest from the seed that Is sown, and sustained by faith In the triumph of their cause the Demo crats arc ready for the fight in 190S. "Wherever In any state Republican re formers proposo legislation in the inter ests of the people, they will receive Dem ocratic support, and the Democrats will thus prove the sincerity of their pur pose. If through Republican initiative ro forms are accomplished. Democrats will share In the honor of securing those re forms, and If Republicans fall to se cure reforms, the efforts, made will fur nish an education of which the Democrats can take advantage In their next appeal to tho voters." Longshoremen's Troubles In Seattle. SEATTLE, April 2S. A crisis In the trouble between the Longshoremen's In ternational Association and the Sailors Union Is expected tomorrow. A week ago Captain Humphrey, of the Alaska Com mercial Company, was notified that If his vessels were loaded by members of the Longshoremen's. Union the sailors would walk out Today another notice to the same effect was served. This last referred directly to the loading of the steamship Jeanle. Captain Humphrey states that the Jeanle will begin to load tomorrow and by members of the Longshoremen's Union. Banquet for Municipal League. NEW YORK. April 2S. The 11th annual meeting of the National Municipal League and-the 12th National convention for good cits- government closed tonight with a banquet given to the delegates at the City Club. The time and place of tho next conference will be announced by the committee next January. Charles D. Willard, of Los Angeles, today read a paper on "Municipal Progress In ls An geles," describing successful experiments, especially tho recall. Rheumatic Falsa Qulcklj- Relict ed. The excruciating 'pains characteristic of rheumatism and sciatica aire quickly relieved by applying Chamberlain's pain-Balm. The great pain rellevlng power of the linimctt has been the sur prise and delight of thousands of suf ferers. The quick relief from nain which it affords lsjalone worth many times Its cost Fori sale by all drug gists. OREGONIAN NEWS BUREAU, Wash ington. April 2S. Judging from sur face indications, It Is within the power of the O. R. & N. Rallroaa or the Har rlman people to say whether or not the Government shall build the Palouse Irrigation project in Eastern Washing ton. For some ' time the Government has been convinced of the feasibility of this project and anxious to undertake Its construction, but could not proceed because of Inability to make terms with this railroad for removal of Its tracks from Washtucna Coulee, which Is to be the principal storage reservoir. It Is estimated that It will cost fully $35 per acre to build the Palouse pro ject irrespective of the cost of removal of .railroad .tracks. If the Government Is compelled to bear the entire cost of track removal or even tho major por tion. It will ..so Increase the cost of the project as to make It prohibitive at this time. Under present conditions, land In Washington will not bear a cost exceeding JS5 an' acre for -water. No such expensive project will be under taken in any . Northern Btate and in one lnatance only In California does the cost, of .irrigation, exceed this figure. But under that project the lands to be reclaimed will, when Irrigated,- yield all the year round seven crops. of al falfa a year, so that a heavy cost can bo borne. If the O. R. & N.t after further study. makes a concession and either stands the entire cost of removing Its tracks from the reservoir site or assumes the bulk of that burden, the Palouse project can probably be built, but. If the road Insists that the Government shall as sume the entire expense, the project must he abanJoncd, at least for several years to cdme. The Government Is leav ing expensive projects until the last, for present conditions do not warrant extremely costly works. The Reclamation , Service is anxious to. recolve a generous" offer- from the O. R. & N., and final-negotiations to that end are now under way. The outcome of those negotiations will determine the fate'of-tnc Palouse project. CANXOT KEEP OUT WHISKY Reclamation Service Has Xo -Power to Forbid Liquor Traffic. OREGONIAN NEWS BUREAU, Wash ington, April 28. Assistant Attorney General Campbell today handed down an opinion In which he holds that the Interior Department Is without power and cannot Interfere In traffic in alco holic beverages on land under Govern ment irrigation projects throughout the country. . The opinion was handed down at the request of tho Reclamation Serv ice, which 'insists that land under irri gation projects is being entered upon by bootleggers for the sole purpose of selling spirituous liquors to men em ployed there. The service says that Its force is greatly demoralized by this traffic. Secretary Hitchcock promises to call the attention ofstate authorities to the matter. This opinion immediately affect? the Minidoka project in Idaho, where liquor men have already established themselves. Fulton With Irrigation Party. OREGONIAN NEWS BUREAU, Wash ington, April 2S. Senator Fulton will join the Irrigation committee at Sacra mento June 15 and travel with it through Nevada. Utah, Idaho, Oregon. Washington, Montana, Wyoming and Colorado, visiting Government Irriga tion projects In each state. TORTURING HUMOUR My a Has of Sores. Called ii Three Doctors but Grew Worss. CURED BY CUTICURA FOR 75c. " My little daughter was a tnasa of sores all over her body. Her face was eaten away, and. her ears looked as if they would drop off. I called, in three doctors, but she grew worse. Neigh bora advised Cuti crura, and before I had used half of the cake of soap, and box of ointment, the sores had -all healed, and my little one's skin was as clear as a new-born babe's. I would not be without Cuti crura again if it cost five dollars, instead of seventy five cents, -which is all it cost as to cure our baby. Sirs. G. J. Steese, 701 Coburn St., Akron, Ohio." tRIVCfCBIIBCniBII 531 h 11 , mm j 9 wT-Vid 1 ANARROW QUARTER QIZK ! 19 CENTS EACH; 2 PGR 35 CENTS i CLUETT, PEABOOV&CO. Arntut or cuirrr imy nantnew t If you knew the facts about Schilling's Best, you wouldn't bother with anything else in those six lines at alL "The Queen of Table Waters" Bottled Only at the Apollinaris Spring, Neuenahr, Germany, and1 Only with' its Own Natural Gas. 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