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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 10, 1905)
PATRICK MUST DIE THEY WILL ft 6 REE FIVE NORWAY'S GENTLE HINT TO KING OSCAR inger mtores Court of Appeals Affirms Sen tence on Lawyer. France and Germany Will Ne gotiate on Morocco. PORTLAND AND VICINITY AT. FOR MURDER OF HIS CLIENT POWERS WILL NOT CONFER He Caused Valet to Kill Aged Mil lionaire and -Therefore Is Equal ly Guilty Majority of One Decides the Case. ALBANY. 2C. T., June 9. The Ceurt of Appeals today, by a divided court, voting four to three, sustainod the lower courts in adjudging Albert T. Patrick, the Xew York lawyer, guilty of murder in the first degree. In causing the death of Wil liam Marsh Ttice. an aged millionaire, formerly of Texas. On April 7, 1902, Patrick was convicted on an Indictment charging him with the murder of Rice by chloroform and mer cury, administered to him during his sickness on September 23. The case reached the Court of Appeals on March 1 of this year, when David B. HU1. who appeared for the appellant, based hla argument for a reversal mainly on the contention that the condition of RIee"s body, revealed by the postmortem examination, might have been caused by llui'Js used in "embalming. Patrick has succeeded In postponing the ultimate decision of his fate for over three years by a display of acumen and re sourcefulness that has excited the wonder of the members of the bar and the public at large. The opinion of the court, written by Judge Gray, Is exhaustive, re- iewlng' tho formidable record In every detail, and containing upwards of 16,000 words. , Theory of Prosecution. Judge Gray sets forth that the theory of tne people -was that the defendant had conspired with Charles E. Jonea. the valet, or as sometimes called the secre tary of Rice, to kill Rice, and that the defendant procured Jones to administer chloroform to him while he was asleep. In the accomplishment of their joint pur poses. This purpose, they say, had as Its motive the desire to obtain possession of Rice's ,es.tate .through a will Jn favor of the defendant and through various trans fers to him of properties, all purporting to have been executed by Rice, but which nad. In fact, been forged by the defend ant, with Jones' aid. The defense Is based upon a denial that Rice's death was effected by violent means, or that It was by the procurement of me defendant, and the proposition is advanced that . the forgeries were not brought home to the defendant, or. if the evidence warranted the finding that they were, that that fact did not necessarily fasten upon him a criminal agency in the murder. Patrick Principal in Crime. It was not claimed that Patrick person ally committed the murder, for the prose cution had the voluntary confession of Jones that it was he who did it, induced ana aided thereto by Patrick, but the de fendant was a principal in the commis sion of the crime, under the law. If he aided and abetted It, whether present or. absent, or if he directly or Indirectly 4 counseled, commanded. Induced or pre cured'anothcr to commit it." After a re view of the evidence, the opinion con tinues: Good Ground for Verdict. The Jury might well find upon the evidence that the death was not the result of natural causes and that it wag due to pome criminal aeeney. They could well conclude that the autoptty disclosed no natural cause for the death and that, in the light of the medical opinion, it could only be accountod for a having happened in- the way testified to by Jones; that is, by chloroform poisoning ad ministered while the victim was sleeping. The persons who asHsted at the autopsy testified to physical conditions making a natural death Incredible. It was for the Jury to say whether the facts and their opinions, with that of Professor Wltthau. ratlFfactorlly accounted for a death by ihlnroform poisoning. The finding of mer cury' in the body corroborated Jones as to having given mercurial poison to the de- taped to weaken his system. JEWELS, LACE AND SABLES PRICELESS WEDDING GIFTS FOU GUSTAVUS' BRIDE. British SoclctyTurns Attention From Alfonso to Princess Margaret's Coming- Marriage. TiONDON, June P. With the departure of King Alfonso. Interest In society begins to ccnter on the coming wedding of Prince OUftavus Adolphus. eldest son of Crown Prince Gustave of Sweden and Norway, nnd Princess Margaret Victoria, daughter of the Duke of Connaught, to .which un usual attention is drawn by the present crisis" between Norway nd Sweden. The wedding guests will begin to arrive next. wek. Elaborate descriptions are published of the trousseau of the Princess Margaret and of the dresses of the bridesmaids, a view of which has .been given to the mem bers of the press. The four bridesmaids will be Princess Mary of Wales, Princess Patricia p'f Connaught, Princess Beatrice of Saxe-Coburgand Gotha, and Princess Eugenia of, aBtteftberg. The wedding dress is a cloud of pare white Irish lace, posed over white satin and strewn with garlands of orange felos-e-ms and myrtles. The corsage Is cut ow, and . there is the regulation court ,rain. Th,is is an importation from Paris, but practically all the other dresses for the bride and bridesmaids are of English make or Irish material. The Duko and Duchess of. Connaught gave a garden party at Clarence House today fon the display of ihe magnificent wedding gifts, which formed an amazing show of Jewelry, especially rubles. Prin cess Margaret Victoria's" favorite gem. The Duke and Duchess of Connaught gave their 'daughter diamond tiara and a sable jcoat. King Edward, and Queen Alexandra gave a magnificent tiara of rubles and diamonds, while a beautiful necklace of rubies and diamonds is the Joint gift of the Princess and Princess of Was. Princess Boulse and the "Duke of Fife. Princess Victoria and Prince and Princess of Denmark. The Khedive of Egypt sent a diamond tiara. The Duchess of Abcrcorn an othor Irl6h peercses. In behalf of the ladle of Ireland, called at Olhxene" Houee end presented to Princess Margaret actorla a beautiful wedding !ace and a veil of choice Irish manu facture. Eon von Blldt, the Minister if Sweden nd . Norway,-on behalf, of the Swedish xird'NorweranTesldehtt of Ixuv don, pre Mint ed tDhfiSPrliTresa -service of gold plate i L 4 S ALL STRIFE (Continued Ttm Flirt rase.) hands of the pollcy-beMors and will elim inate entirely the ane-man power to -which so much objection has been made. Morton Chosen as Compromise.' The selection of Mr. Morton, in the. opinion of those who t ' have followed events, is in the nature ef a compromise nnd a victory for the Hyde faction. In any event, the outcome was seemingly a. surprise to some of the members of the so-called Alexander forces. There were two sessions of the board today, a recess being taken at 5 o'clock this evening, when a committee consist ing of Senator Depew. Mr. Belmont and Mr. Moffatt was appointed to notify Mr. Morton, who had already been elected a director. The committee spent almost an hour looking for Mr. Morton, who was escorted Into the room between files of expectant employes. As the door closed behind him, the sound of hand-clapping was heard. The session following the re cefs was comparatively brief. Mr. Hyde proceeded to his private of fice, where, after consultation with his lawyers, he issued a letter in which he declared that as the legal rights of the stockholders had "been determined by the Supreme Court of the state, he bad deemed it to be for the best Interests of the society to part with a majority of the stock in uch a form that no one in dividual should control the destiny of the society. He mentioned that ho would re tain a substantial stock Interest, and ex pressed the hope that he should continue to be identified with tho Equitable. Fol lowing this was the tender of his resigna tion as vice-president. Later came Mr. Untermcyer's statement, which follows; Mr. Hyde ha roi a majority of the tstoek to a representative ef tae policyholder rev resented by Thomas F. Ryan, and of whom fee 1b one. Mr. H4e retains a substantial tock Interest ad wlH continue to b Identi fied with the cempsnr AW the officer. In cluding Mr. Hyae. have placed their resigna tions tn the hand ef Mr. Morten, subject to the control and dtipoltkn of Mr. Morten. The intermit 'of the poMo'hoMers hav been most carefully nateguardea br Mr. Hyde, as wilt be apparent front the terms of his Jetter to the boar. This evening Mr. Ryan made public a letter to Mr. Cleveland, named "as one of the trustees. Copies were also sent to Justice O'Brien and Mr. Westinghouse. After reviewing Equitable affairs Jn the letter. Mr. Ryan ask Mr. Cleveland to accept a place on the board of trustees, saying: Cleveland Invited to Serve. 1 ber you to set as one of this beard with" other sentlewen. who shall be ef a character entirely satisfactory' to you. I rheuM not ven ture to ask tfeia ef yen en any personal ground, but to restore this great trust, af fecting jo many peple of slender means, to soundness and pubMc eeaea wonld cer tainly be a great pttbttc service, and this view emboldens me te make the reaue-ft. Justice Morgan J. O'Brien tonight an nounced bis acceptance of a place on the board of trustees. Charles Stewart Smith, in an interview tonight, declared that he had favored Mr. Morton, for the chairmanship, despite "all reports te the contrary." He added that he was perfectly satisfied with -the result of The day's meeting. "WESTINGHOUSE ACCEPTS TOO AH Trustees Secured Mutuallzatlon Assured by Xcur Deal. NEW YORK. June 1ft. A letter has been sent Thomas F. Ryan by. George Westlnghouse. of Pittsburg, accepting membership en the board . of trustees at the Equitable X4fe. Assurance .Society. "Roger "Wlnthrop; financial- manager oT the socUty. tendered his resignation as a courtesy to Mr. Morton, that the new 1 chairman might not be cmbaraseed In his plans for reorganization. : In the evening Mr. Morton attended the 1 Pilgrims Club's dinner to ox-Ambas- sador Choate, and was the recipient of many congratulations over his new posl- I tion. I "When will you take charge of Eqql-1 table affairs?" he was asked. "As soon as I can be relieved of ray duties in Washington. My resignation goes Into effect on July 1, but I expect from this time . on to pay more or less attention to Equitable matters. I was here to look after the other office for which I had been chosen by the Metro politan subway syndicate, but no action will be taken now on the question. I do not know who will be put in that place." Charles S. Smith, an anti-Hyde di rector of the "Equitable, said: "I am perfectly satisfied with the re sult of the meeting. We have done everything that the public required of us. and more. We have compiled with everything that public opinion has de manded and rightly demandeJ. "This action means mutuallzatlon. It matter not who has control of the stock, mutuallzatlon must rome. and I the board Is pledged to see that It is j carried out unless the court interfere!1:, i and I do not Imagine that anything of the kind will occur. "I have haJ a talk with Mr. Morton concerning the resignations that have been placed In his hands. 1 have ad vised him strongly not to accept them all. When a man starts out to run an ! establishment, he cannot afford to throw out all the old servants who j know how the place ought to be run. j I believe he will keep at least some of J those who have resigned." ACQUITTED OF CONSPIRACY Gold field Bankers Cleared of Charge of Embezzlement Also. i j GOLDPIELD. New, June S. The pre- Umlnary examination of J. B. Young, of i the GoWfleld Bank &. Trust Company, and j Francis U. Burton .on the charge of con- spiracy and obtaining money under -false pretenses resulted today in their ac quittal. Young was remanded into custody pending his trial on the charge of em bezzlement. Twenty-four thousand dollars'- worth of Young's personal eecuritlcs have been attached, and these, with others, will. Ir Is estimated, pay the creditors of the bank 50 per cent- Cashier Boales' testimony showed that he paid but one SSVO check to Burton on the advice of Director Davis. This check was Indorsed twice. The two debit checks amounting to 5t3.- 000. were accounted ior by Cashier Eoales statement to Receiver HIrscbfield that they were rakes representing no money, but were used to bolster up the bank's capitalization, which was said to be J1W.0M. but which was only in reality J17.00J cash. HYDE AND DIM0ND ON BOND To Appear for Trial In California Land-Fraud Cases. SAN FRANCISCO. June 9. Frederick P. Hyde and H. P. Dimond. ordered re moved to the District of Columbia for trial by United States District Judge De Havea. today gave bonds In the sum of 03.(00 and JW.W. respectively, for their appearance before the Supreme Court of the District of Washington on October 3. Both Hyde and Dimond are charged with conspiracy to defraud the Govern ment of public lands, and their ca.e has been up to the Supreme Court already on the conspiracy Indictment. During these proceedings both have been out on $10, (09 bail. Clements a Defaulter. ST. PAUL. June 9. Thomas B. Cle ments, who was president of the defunct National Bank of Faribault, itlnn was ; today Indicted by the United States grand j jury on 27 counts, alleging embezzlement, misapplication oi iua uu .ac raojung of fais entries. The amount covered in the indictment foots up to more than .JlQ.OOp. Jbtjt according te the estimate' of the receiver the total amount involved' li nearly .ou HIS PLEA FOR PEACE (Continued From First Fare.) ami German 'Ambassadors. They feared thnt unwise counsel In the Czar's do main might prevail. Finally, it is said. when the . Czar expressed a desire to treat along- the lines which he w given to understand Japan haa laid down, the President's application was drafted and immediately dispatched. It is understood 'hat the French Ambas sador conveyed yesterday morning to the President Russia's willingness to treat for peace. RE1D AIDS IN NEGOTIATIONS Russian Officials In London Expect an Armistice. LONDON, June 9 (1:35 P. M.)-Much sat isfaction Is expressed In official and diplo matic circles here at the apparent success of President Roosevelt In bringing Russia and Japan together for the purpose of ending the war. Since his arrival here Whltelaw Reld, the American Ambassador, has been In close and frequent communi cation with the Foreign Office. The Am bassador Is not willing at the present Juncture to disclose the result of his vis Its, but apparently he is well pleased with the progress of the negotiations, as. after a busy week socially and officially, the Ambassador and Mrs. and Miss Held leave London tomorrow to spend the week end with Earl Egerton. of Tatton. and his wife, the Duchess of Buckingham and Chandes at Tatton Park. Knutsford. Cheshire. The other Embassies are without any information. Russian official circles now think that peace is probable, or at least that a cessation of hostilities Is pending in an endeavor to bring about a meeting of representatives of the two powers. It Is pointed out In best circles that from the first Russia declared her preference for negotiating with Japan direct, and President Roosevelt apparently Is acting on that line in arranging the preliminaries for direct negotiations between Japan and Russia. LETTER FROM LOUBET TO CZAR French President Will Indorse Ar guments of Ropserelt. PARIS, Jane 9. (1:10 P. M.)-M. Bom pard, the .French Ambassador to Russia, returns to St. Petersburg tomorrow, after a lengthy conference with President Lou bet at the Foreign. Office. In which it Js understood the pence situation was fully considered. This will place the Ambassa dor in "a. position to co-operate strongly In the pacific efforts of the United States, and it is Intimated that he may. carry an autograph letter from M. Loubet to Em peror Nicholas along lines similar to President Roosevelt's message. Gram Is Peace mack r. SEATTLE. June 9. In an .attempt to bricg about a peaceful settlement of the -warfare now being waged on Puget Sound between the members of the International Longshoremen's Marine and Transport Association and the Sailors Union of the Pacific, the American Federation of Labor has sent Charles H. Gram, president of the Oregon State Federation of Labor, to Seattle to act as mediator. Mr. Gram said he did not know just how: long it wonld he before the committees from the oo pos ing unions could get together, but that he was very anxious to bring an end to the controversy In the near future. TacoHut Girl Shoots Herself. TACOMA. Wash., June 9. Colla Ray Bellolr. a years of age. shot herself last i night while despondent over. Ill health, .and 'died in a few hours. Her father Is marine engineer on the Government snag- j boat Skagit. Sara.ad Khan, the .recently-accredited Per sls'n .Minister" at 'Phiy Is known thrournout Prl as a lyrical poet and a-practiced pU.fr oa ths accordion. Germany Bases Claim on Most. Fa vored Xatlon Clause of Madrid Treaty France Says It Docs Xot Apply. PARIS. June 9. The return of Prince von Radolln. the German Ambassador to France, tonight, is expected to be followed by & speedy conference with M. Rouvler with a view to ameliorating the Franco German tension. The cabinet will not act on the German note until after Prince von Radolln and M. Rouvler have conferred together. The semiofficial Temps urges that & direct agreement between France and Germany relative to Morocco can ac complish more than a conference of the powers. A dispatch from Oran. Algeria, reports that the Moroccan transport Turquie. commanded by Captain Harrow, has ar rived there with SCO cases of arms des tined for Moroccan troops. KAISER'S CLAIM OX MOROCCO Based on Madrid Treaty Which France Says Docs Not Apply. PARIS. June 9. Germany s note to tho powers proposing- an International conference on the subject of Morocco Is regarded in the highest quarters as renewing- the gravity of the situation al most to the point of making it menac ing. Franco has received a copy of the note, showing- that Germany acted openly in appealing to the powers, not withstanding the official statement from Berlin that Morocco invites the conference. The officials here inter pret the German note as showing that Germany is the real upholder of the conference. The text of the note shows that Ger many relies mainly on article 1? of the treaty of Madrid. signed July 3. 1S20. which General Lucius Falrchlld signed for the United States. Article 17 recites that Morocco recognizes the xnost-favored-natlon treatment in the case of all the powers represented at the conference. The German note holds that this gives the powers equal rights to consider the affairs of Morocco. The French answer is as follows: "Article 17 refers to the preceding articles, which deal solely with the protection of the lives and property of foreigners residing; in Morocco. There fore, article 17 gives the powers equal treatment concerning- the protection of lives and property, but does not -warrant the German claim that the powers agreed to exercise equal political con trol over Morocco." It Is desired that Washington and other capitals receiving the German note observe the limited application of article 17. A Cabinet council tomorrow will con sider the note. The nature of France's official answer is still In doubt, owing to Premier Rouvier's desire to avoid widening- the breach between Germany and France. SULTAN CHANGES HIS TONE Gives British Minister Cordial Wel come and Talks Business. FEZ, Morocco, June 7. Gerald A. Lowther. the British Minister to Mo rocco, had an hour's private audience of the Sultan today, and the polit ical situation was fully threshed out. The cordiality of the Sultan notice ably differed from his attitude at the official reception of the British Minis ter. It is still hoped here that an agreement will be reached directly be tween France and Germany, as other -wise a diplomatic struggle disadvan tageous to all is foreseen. ALFONSO'S VISIT ENDED King Sees Firemen Drill, Monkeys Eat nnd Wonders of Windsor. LONDON. June 9. The ceremonies at tendant upon the visit to London of King Alfqnso of Spain ended tonight with a dinner at Marlborough House and a state ball at Buckingham Palace, which latter was the most brilliant function of the week's heavy programme. His Majesty spent the morning In witnessing a drill of the fire brigade, inspecting the pictures in the National Gallery and in seeing the Zoological Gardens, where he joined other youthful visitors in feeding the monkeys with nuts and the elephants with bis cuits. In the afternoon. King Edward. King Alfonso and their suites visited Windsor Castle, which the Spanish King saw for the first time. He visited the royal apart, ments and became enthusiastic over tne splendid views, which, however, were to some extent spoiled by continued heavy rain. His Majesty was given an enthu siastic welcome by the boys of Eton Col lege. He afterward drove to Frogmoce to visit the tomb of Queen Victoria. King Alfonso today was decorated with the Royal Victorian chain by King Ed ward, and the members of his suite re ceived a number of high orders. The royal visitors will leave London tomor row morning, and will sail at noon from Dover. King Edward has accepted from King Alfonso the Colonelcy-ln-Chlef of a Span ish regiment. King Alfonso Invited King Edward and Queen Alexandra to visit Spain at their earliest opportunity, and It Is probable that the invitation will be accepted. It VorC t Hvirt --won evefv over tire & deCcase wmua to do a ercmary vsishv u she uses PEARLINE ir pearliixe's way lVirvi wick to Cervrurl ieseUvtefcods. Istf Jt toe Berne was dmr Is mint WAKsa & I PORTLAND . 35-4 Mcfrison'st. 540 inillam ave. 402 VtiHagioa si. Look for the Singer Sign when In need of a Sewing Machine or Supplies. Needles for all maKes of Sewing Machines Sewing Machines Rented or Exchanged for Infants and Children. 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