Stowfotog 111 $ 13,896. PORTLAND, OREGON, THURSDAY, JUNE 22, 190q. PRICE " FIVE CENTS. TINKER TESTIFIES SGIIKSTJMLL Defense Objects That He Is Perjurer. OVERRULED BY THE JUDGE Dramatic Scene in Court When Partners Face Each Other. F. A. KRIBS A WITNESS Attorneys for Defense Make Apology for Their CIient--Heney De clares He "Will Prove Sena- tor's Guilty Knowledge. Stubbornly, but with a studied and dig nlfled desire not to grieve, the attorneys who are defending: Senator John H. Mitchell, yesterday began building up their legal fortifications In defense of their client. The morning session In the Unit ed States District court was taken up with presentation of the opening state ments to the Jurors, and the testimony of Fredrick A. Krlbs, one of the Govern ment's principal witnesses. The morn ing session gave no Inkling of the in tensely dramatic scene which was to fol low during the afternoon, a scene that will be long remembered by all who Baw it, and one that will never be en tirely blotted from the memory of Sen ator John H. Mitchell and Judge A H. Tanner. Picture, if your mind can conjure up the scene, a courtroom, crowded almost to suffocation with curious and eager spectators. In the foreground a sedate judge with hair as white as the driven snow, an array of attorneys, the defen dant, grown old with the flight of time, facing his partner and friend for almost half a lifetime. This was the plight In which Senator John H. Mitchell found himself yesterday. The man before him. standing In full view of that curious throng, was Judge A H. Tannor. Judge Tanner's Entrance. The entrance of Judge. Tanner, while all present knew he had been called, seemed to startle everyone. Silence fell over the courtroom. The Intense mental strain under which Judge Tannor was clearly struggling seemed to permeate the entire room. As he entered he appeared like one who had just come out of a dungeon Into the sunlight. As a lawyer he had en tered a courtroom countless times, but yesterday he appeared as one to whom the scene was unfamiliar. For an Instant he glanced almost hopelessly around the room, and a court attache had to point him the way to the witness chair. He started toward It, faltered, as If to get a better hold on his courage, then stopped forward. As he raised his hand to be sworn cx-Senator Thurston rose slowly from his scat and objected, on the ground that ho was a self-confessed perjurer. Had a bomb been exploded In the court room the effect could not have been more electric. Judge Tanner had evidently "been expecting a move of this kind on the part of the defense, and had pre pared himself for the ordeal. So. had Mr. Heney. Judge Tanner dropped his hand slowly, half turned toward Attorney Thurston and waited. He, was In full possession of his faculties now. Without as much as a tremor of a facial muscle ho stood erect, motionless, waiting. Ex Senator Thurston read from the Revised Statues a section which damned perjurers from the cradle to .the grave, unless Judgment had been rendered or sentonce passed for or against him. The attorney "for the defense grew a bit eloquent about this special statute and paid a high com pliment to the men who framed It. Mr. Thurston explained that he was not pres ent to make any reflection upon the wit ness, but simply to perform his duty as an attorney. Mr. Hcncy Is Prepared. Mr. Heney murt have expected such a move, for he was forearmed. In an swer to Mr. Thurston's argument he-stated that It had taken the world 200 years before It reached the conclusion that a murderer was entitled to be defended by an attorney and that 100 years had passed before It reached the conclusion that a defendant charged as the defend ant in the case was charged, was en titled to say one word In hu own behalf. Mr. Heney characterized the statute re ferred to as a blot upon the good sense and enlightenment of the present age. Judge Bennett also spoke on the ques tion, but Judge De Haven ruled that the witness was competent and Judge Tan ner was sworn. Prosecution Is Mapped Out. Mr. Heney shortly after the court was convened at 10 o'olock, addressed the Jury and outlined his defense. He told the twelve men who will pass In Judgment upon Senator Mitchell's guilt or Inno cence that he would prove that the Sen ator had received fees for services per formed by him before the land office, or the Interior Department, while he was In' the Senate. The prosecutor told of the agreement entered Into between Judge Tanner and Krlbs and the 51000 which the law Arm of Mitchell & Tanner was to receive. Later on during the after noon he showed by Judge Tanner that Senator Mitchell received his share of the $1000 retainer fee paid by Krlbs to the law Arm of Mitchell & Tanner. From the documentary evidence which has al ready been .Introduced by the prosecu tion. It Is clear that Mr. Heney hopes to prove that Senator Mitchell, with lull knowledge, accepted his .share of the Krlbs retainer fee and used his Influence wlth BInger Hermann and others towards expediting the claims wanted by Krlbs. Mr. Heney outlined the Isuue with great clearness. There was nothing In his ar raignment of Senator Mitchell that sug gested rancor, spite or a desire to get hack at some one. and that some one Senator Mitchell, as Intimated by Judge Bennett. Defense Is Apologetic. From the beginning of the trial there was apparent an air both of defiance and apology on the part of the defense. They are combatting every step with objee tions. but from the constant ruling of the court, they were not well taken. It seems as If Judge De Haven Is In a measure lettlrtg down the bars for Mr. Honey and allowing him wide latitude. This apology for the actions of Senator Mitchell was apparent In Judge Bennett's address. He had practically admitted that the Senator had received a share of the Krlbs fees and his presentation of the cause to the Jurors was more In the nature of a plea for mercy on the ground of Senator Mitchell's long career In the Senate, than otherwise. Judge Bennett acknowledged that Sena tor Mitchell received money, but without knowing where It came from, perh'aps like Manna Jn the wilderness. He character ized the Senator as a "careless business man." He stated that the defendant was so busy with matters of state that he neg lected his personal affairs, and he inti mated that the proceeds of. his Portland law business were not of sufficient Import ance to attract his special attention. At considerable length Judge Bennett told of how watchful Senator Mitchell was of the calls of his constituents in Oregon. Re publican or Democrat. Populist or Prohi bitionist, It made no difference; Senator Mitchell heeded his call and performed whatever service was asked of him, so far as he was able. So It was that ho helped Krlbs get his 40 patents pushed with vigor in the Land Office. Judge Bennett intimated that In doing this Senator Mitchell did not consider he was commit ting a wrongful act. It was something he would have done for the meanest of his constituents, or for any one-else If the call came, from Oregon. Bennett Attacks Heney. After his tribute to the gray-haired .Sen ator, who sat beside ex-Senator Thurs ton, listening with painful intorcst to all that was said. Judge Bennott turned his verbal batteries upon Mr. Heney. So fierce was the attack that a4 casual visi tor, if he had Just entered the court room, might have fancied that Francis J. Heney was on trial . .and not Senator Mitchell. Ex-United States District At torney John Hall came In for a fraction of mild, praise, but this was Just a club to clout Mr. Heney. Judge Bennett brought GAS. Frost into the case and was referring to him as a-man of "some what shady" Before he could finish Mr. Heney was on his feet and objected to the speaker continuing in this strain. Judge De Haven sustained the objection. , Mr. Heney was aware of the fact that Judge Bennett was plating him on trial, and stated that he would be glad to have the defense set a date for the hearing. Admits Change in Contract. Judge Bennott admitted that the con tract of partnership between. Mitchell & Tanner had been changed, and attempted to explain this away by saying that Sen ator Mitchell did this, not because he an ticipated prosecution in court, but to keep hostile newspapers from "further harass ing him. He said that when the Senator returned from Washington he found the Government busy tainting his .good name. He was old. broken In body and mind, and concluded that the matter regulating the division of fees, which had been Inserted in the contract, at first Inadvertently, should be changed. It was changed, but Instead of saving Senator Mitchell further worry of mind, it has added to his em barrassment. One thing that the trial of yesterday demonstrated. That was that Judge' De Haven Is determined to push the trial with all haste posslbe. He showed that he was willing to Mt through the strain, heat and discomfort of the small' "court room without taking recess. He would avoid all of the dlay caused by the count less objections If It were possible, and he has the appearance of a man who has a case of great moment before him and Is desirous of getting It off his hands as quickly as possible. During both sessions of the court a number of prominent law yers paid a visit to the courtroom. Late in the afternoon Mayor Williams was a visitor. He took a seat bohind Senator Mitchell and was an Interested spectator until court adjourned. SECOXD DAY OF TIIE TRLL Summary of Arguments of Attorneys and Testimony of Witnesses. The second day of the Mitchell trial has passed. Frederick A Krlbs, one of the star witnesses of the Government has testified and has gone. Judge A. H. Tan ner, the other chief prop of the case to be made by the prosecution Is on the stand and will finish his story today. The complainant is smothering the Jury tinder a mass of documentary evidence and the defense Is playing upon Its heart strings. Mr. Heney Is showing the Jury the agreement entered Into between Tan ner and Mitchell and Kribs by which they wore to expedite claims held by the lat ter. Is producing checks, account books. letters and testimony In support of his Indictment, while Judge Bennett and Sen ator Thurston, so far, have pleaded the honorable career of their client, have held out the fact that today he is to pass his 70th birth anniversary, have entered technical objections to the Intro duction of the testimony and have made one desperate and spectacular attempt to block the Introduction of Judge Tanner's evidence. The prosecution had Its first opening yesterday and brought out its two most Important witnesses upon whose testi mony It will, to a great degree, base its case. Attempt of Thurston. The defense had finished cross-examin ing Mr. Kribs when Mr. Heney called Judge Tanner to the stard. but Senator Thurston objected to the testimony. He called attention to the journal of the court in which was entered Judge Tari ngs plea of guilty to a charge of per jury. The speaker read section 5392 of the Revised Statutes of the United States providing that no person guilty of perjury could be used as a witness In the Federal court, unless Judgment had been rendered. (Concluded on Pare" 10.) WEN RETURNS TO TIE STTSGK Reiterates Charges Against Loomis and Demands an Open Investigation. SAYS BRIBE WAS OFFERED Dismissed Minister Accuses Presi dent of Trying to SUcnce Him by; Offer of Promotion, Which . He Refused. NEW YORK, June 21. Herberts W. Bowcn, cx-MInlstcr 'to Venezuela, today made public a long statement In reply to President Roosevelt's letter dismissing him from the diplomatic service as a re sult of the investigation made by Secre tary Taft into the controversy between Mr. Bowen and Francis V. Loomis, First Assistant Secretary of State. Mr. Bowen declares that the "Venezue lan scandal constitutes a national dis grace." He asserts that "the Loomis scandal" pervaded Caracas and constant ly "grew worse and worse." He says that shortly after he called the atten tion of the Department of State to the mattor, he received a cable offer from Washington of diplomatic promotion that would remove him from Caracas. He says: X admit that I regarded the offer at an at tempt to bribe me. relied under the offer ef a higher position, and Inspired by Mr. Loomis. 1 make no doubt that In the course ef the recent Inquiry It baa been suCtcIently plain that I did not think Mr. Loomis an hon est man and that I did not believe his con tfuct a Minister to Venezuela, honorable. Wants Open Investigation. Mr. Bowen says that the recent depart mental Inquiry should not prevent "an open. Impartial, fearless and thorough In vestigation Into all the facts. Suppression of truth wlli never establish it." he adds. "Tolerance of evil will never crush It. No office, however high, should shelter a wrongdoer." When he went to Venezuela as successor to Mr. Loomis, Mr. Bowen declares, be found rumors seriously affecting the' hon or and Integrity of his predecessor, both as a man and a representative of . the United States Government. Mr. Bowen says that, as he felt a sense of , pride In representing the United States, these ru mors' were a source o continual mortifi cation to him. Epitomizing the rumors, Mr. Bowen says: Repeats Attack on Loomis. Mr. Loomlf. while Minister, was reported to have used hU public position to fill his private purse br obtaining: latcrests In con cession and in various claim against the Venezuelan government. He rw common. 1) thought to have been la the pay of the Xtermudez Asphalt Company and to have made tire ef his own ScUl petition to give eotor to the belief that the United States was especially favorable to the contention of that company In Its eoDtroveiry with the Venezuelan governmen. I had no means of refuting these jcandaleua statements. Their substantial truth was assumed by my diplo matic colleagues as well as by the general j.uWkr at Caracas. Referring to the documents left by his predecessor In the Legation at" Caracas and forwarded by Mr. Bowen to the State Department, the latter says: I cannot better ezpma my wn feelings In regard to their contents thaa In the words of the Secretary of State, who In his letter ac knowledging their receipt raid: "1 have been greatly surprised and pained In reading the documents you sent me." Mr. Bowen tells, of sending to the State Department Information of the report current In Caracas "that an Incriminating check to Mr. Loomis and a letter from him to the governmental custodian 'of the asphalt property promising that the United States" would not Intervene in Venezuela were in te hands of one of President Castro's friends." He contin ues: Promotion as Bribe. Shortly afterward I received a cable from the State Department offering to roe the porltlon which was intended to be a stepplng stese to an Ambarcadorftbip. It eeroed te me -under the circumstances ray duty lo the United States demanded that I should star, for the preient at least, la Caracas, and I declined the offer, personally advantageous as It waa to myself. Concurrently with the report in Caracas that President Castro had peatexolon of documents directly Incriminating the Tint Assistant Sec retary of State. iTertdent Castro dltpatched a general agent to Washington. Concurrent, ly with my refusal to leave my post at Car acts there began, to appear from Wash ington euch falt and misleading statements In our papers as "Bowen has asked to be recalled; he wants to sever diplomatic rela tiens with Venezuela; he advlM-a that a naval demonstration may be made Immediately In Venezuelan waters; be la at words' points with Castro." Falte reports et this tort are ordinarily contradicted by the Department ef State. In this Inetanoe they were noc Any ene at all familiar with diplomatic re lations with Venezuela will understand with out further explanation the manifold em barrarfment of such a situation. Did Not Originate Charges. After referring to the appearance of the Loomis charges in several papers Mr. Bowen says: To say that I Instigated them charges Is the product of a heated imagination. It was right after this that I was ram mened by the State Department to Washing ton and a departmental Inquiry was made into Mr. Loomis' conduct in Venezuela and I was dismissed from the diplomatic service. Yet I am- neither responsible for Mr. Loomis unaivocy reputation In Caracas nor for the scandalous stories circulated about him. He obtained the reputation himself while living there as American MInleter from Mar. 1897. to April. 1001. and the atatements charging him with dlshoneM and dishonorable cos duct were made with such detail .that mere dental by me was useless. What waa needed .was sot their denial, but their disproof. Mr. Bowen says he regards the offer of a promotion as an atFcmpt to bribe him.. He adds: The statement that I attempted to steal or otherwise improperly procure Information is unwarranted. I rci.de use of confidential agents only, 'and of" our ConAilxr .-offices - la Venezuela. The State Department ca at'lsast i two occasions provided me with money to procure secret information. With regard to the Mercago claim. Mr. Bowen gives the text of a letter which was among the papers he found In the Legation archives. This letter Is ad dressed to W. W. Russel. and says: Dear Sir: In reference to the, portion of Mr. Mercados" claim which I. bought I want to state that the only terms of settlement which I will accept other thaa a full cash payment ot about 30.400 bolivars la geld are the following: I will accept 0.000 bolivars tn gold and 10.400 bolivars In rait bonds at the rate of E2 per cent, or 3 per cent below the quoted market rate, provided It does not go beJow 63 per cent. Very truly, V. B. LOOMIS. Mr. Bowen underlines the words "which I boight." In the letter. He also gives the text of a letter from Charles R. Mayers, addressed to Francis B. Loomis. and referring to services ren dered by Mr. Loomis in securing a con tract for furnishing a loan to Venezuela. Mr. Bowcn'a statement then concludes: Mr. Loo ml explains that If this contract, which was to give him a million and a quarter, had goa through ho Intended to resign. The conduct of a man who as Am bauador was willies to participate In such transactions as the foregoing is' considered by his official superior as merely "Indiscreet" and be Is retained ia the public service. COSSACKS SLASH AND SLAY Strikers Driven Into Forest, Slaugh tered and Mutilated. MOSCOW. June 2L The Velchcrnala. Pochta prints a report of terrible events alleged to have taken place June 16 In the manufacturing town of Ivanovo Vpz nesensk. where rious strike disturbances prevail. The Cossacks, whllo dispersing a strike meeting In the suburb of Ta.lka, dlplayed ferocious brutality, pursuing the unfortunate fugitives. Including women, to a neighboring forest, dragging them out of their houses and ruthlessly killing the strikers and disfiguring their faces with their knouts. It Is said that 2S were "killed and hundreds wounded. In the course of the riots the strikers set fire to the candourlne mills and fought the soldiers savagely In order to prevent the firemen from putting out the fire. All business la suspended la the town, which Is like a city of the dead, the populace fearing to venture Into the streets. STRIVES F0R ARMISTICE Roosevelt Trying to Prevent Another - r Battle Before Peace. "WASHINGTON, June 21. It Is inti mated In official circles here that ne gotiations arc proceeding. looking to an armistice between Japan and Russia. The stumbling block In the way of an armistice appears to be that neither bel ligerent Is willing to take the Initiative. The present negotiations. It Is under stood. cQnalst. of an effort to sound one or both governments is 'to their willing ness to agree to an armistice. Xclldoff Appointed Envoy. ST. PETERSBURG, June 21. M. Nclldoff. Russian Ambassador to Paris, has been definitely appointed one of the Russian peace plenipotentiaries. CONTENTS TODAY'S PAPER The Weather. YESTEKDAVS Maximum temperature. 72 deg.; minimum. &S. Precipitation, none. TODAY'S Fair and warmer; northwest winds. The War la the Far East. Japanese ready to begin general attack on Llnlevltch. Pace I. Oyama's army advances all along line. iage 1. Fresh army from Posslet advancing oa Vladivostok. Page 1. Japanese shut Seattle merchant out of Port Arthur. Page 3. Roosevelt negotiating for armistice. rage 3. Foreign. Terrible massacre by Cossacks at Lodz. xagc i. Sweden ready to agree to separation of Nor way. Tage 4 Hungarian Parliament votes no .confidence In new ministry. Page 3. Germany loses a. point In Morocco negotia tions. Page -i. NationaL Correspondence on Santa Fe rebate case shows Roosevelt's opinion of Morton, trusts and Equitable. Page 1. President Roosevelt attends commencement in New England. Pace -l Bowen defends himself and renews attack oa Loomu. .rage i. Government abandons Pafouse Irrigation Domestic Chicago strikers recognize defeat, but riot ing Is renewed. Page 2. Hendricks- report scores Equitable officials and directors. Page 3. Twentieth Century Limited wrecked and many lives lost. Page 2. Casklirs swindles cause bank failure. Page 3. Sport. Pacific Coast League scores: Portland 3. Seattle l;Ban Francisco 2. Los Angeles 1; Tacoma 2- Oakland 1. Page 7. Portland Giants defeat Slwashes. 3 to L Page 7. Macleay defeats Newton In golf tournament. . Page 7. "Old Scout" arrives after long trip across the continent. Page 10. Pacific Coast. G. A. 1L. Department of Oregon, and kindred bodies elect officers at Oregon City. Page a. Officers elected at Vancouver, Wash., for G. A. R. and W. R. C Department of Washington and Alarka. Page. C Thomas Lobb goes Insane and shoots San Kranclscoans from 'barricade In hotel. Page C. Mayor Williams and Governor Chamberlain given degrees by Pacific University. Page 6. Congressional Irrigation committee will reach Portland Friday. Page . Commercial and 'Marine. Unexpected decline In refined sugar. Page 17. Local hop market steadier.- Page 17. Wheat trading restricted by lack of ton nage. Page 17. Chicago wheat options affected by higher cash markets. Page 17. United States Steel is leader In advance In . stocks. Page 17. Combination of launches will swing trade to Oaks or Fair. Page 7. Oriental liner Arabia due tomorrow. Page 7. World's Fair. Good Roads Convention convenes at Expo sition, grounds. Page 16. Admissions to Fair yesterday, 14.117. Pago 16. t - Tacoma "Boosters'" train. to the Fair will be profusely decorated. Page '10. . rertlaad aad Y Malty. Dramatic scene at the Mitchell trial .when Judge-Tanner is called.to testify. Page X. Stenographic report of arguments: and testi mony la Mitchell trlaL.- Page"lo-ll-12-I3. "Get-rich-qulck swindle belngiravestigated by District Attorney. Page IS. - Council has busy sessloa acting oa routine matters. Page 16. Charles H. Howe 'held to grand Jury for shooting cadet. Page 9. Madame Ruff escapes -prosecutioa through tArdiaosa of sollce. Pasrs ft. , LI Y ft M A DRAWIN HIS FUNG CLOSE Has Captured Nearly AH Posi tions Needed Before the Great Battle. WILL CRUSH LINIEVITCH Attempt ' to Draw Off Japanese by Feint "With' Cossack Raiders ' Met by Advance of 'New - Army. SPECIAL CABLE. "TOKIO, June 22. The position of Gen eral Llnlcvitch's army Is even more des perate than was that of General Kuro- patKin before- the f.efoat of Mukden, and the Japanese general staff expects within a very short time to receive the report that, the Russian army has either been destroyed or captured. "When General Llnlevltch discovered that he was nearly completely surrounded. and that enormous bodies of Japanese troops were, being massed on his right and left, while his center was belnsr con stantly shelled by field artillery, he ap parently realized that It was Impossible for his 350,000 men to withstand the as sault of.such superior strength as Oyama's and he determined on a feint, in the hope that he might draw off some of the Jap anese forces. He ordered General Mlst- chenko, with his Cossack division, to at tempt to penetrate the Japanese screen and try to cut their lines of communica tion! After losing heavily in several engage ments, the Cossack chieftain made his way through neutral Mongolia and swept around the Japanese left. In the hope of drawing back, some of the troops- from the north. Instead, the Japanese slmply mo ea lorwara a new army from Wonson apd drove the Russians back. 'General Oyama's troops have now cao- tured all of the most Important positions necessary for the success, of his contem plated movement, and word of a general engagement Is expected momentarily. JAPANESE ADVANCE IS BEGUN Pushing Forward Along "Whole Front on Russian Positions. ST. PETERSBURG. June 2Z (12:58 A. II.) The public,- which has no Idea that negotiations for an armistice are oa foot, believes that a great battle In Man churia Is now beginning, and official dis patches from both sides bear out the Idea that the Japanese have commenced their main advance, though as yet there have been no heavy collisions. The Japanese, following the checking of the movement to the west are now pushing forward In force along the rail road and the Mandarin and Malnalkal roads, their front now stretching from SInglungchuan. 15 miles north of Chang- tufu. and east through Shuanmlaotzu sta tion to Yaoma Pass on the Mandarin road. The Russians gave up the advanced po sitions without serious resistance and are evidently retiring to their first line ot entrenchments, which Is believed to cross the railroad at SIpInghal. 14 miles further north. They have a number of other fortified positions before reaching their ultimate line of defense at Kl'rln and at Changchung. Lieutenant General Llnlevltch evidently has Impored an embargo oh press mes sages. Indicating that hostilities have en tered on a serious phase. If negotiations for an armistice are on foot, they must bear Immediate fruit' In order to prevent a battle perhaps greater In Its casualties than that of Mukden. . JAPANESE CAPTURE HILLS. Advance In Several Directions, and Dislodge Russians. TOKIO. June 21- P. M.) The following- official dispatch was received today from the headquarters of Uhe Japanese army In Manchuria: "In the direction of 'Welyuanpaomen, our detachment occupied Ltenbuachleh June 18. without encountering resist ance. It also occupied Yengmullntxu, 20 miles northwest of Welyuanpaomen and drove the enemy back on his posi tions on the KIrin road. "Farther north another force the rame. day dislodged the enemy from Tangtzu Pass and vicinities ten miles north of "Welyuanpaomen and occu pied a line of hills northwest of Shl hulwotxu and those seven miles north of Yangtzu Pass. Our forces also routed tho .enemy holding' positions north and northeast of the same place. "In the Citangtu direction, our force advanced along the toad and dislodged the enemy's cavalry and Infantry, hold ing an eminence two miles north of Shahotxu railroad station and took pos-vj session oi a line or bills south of Sul maptxii and IS miles nor.theast of Changtu, June 19. The station was found to be demolished. Our casual ties were four men wounded. The, ene my left ten corpses. Including: the body of an officer, and three horses killed. Our force captured one machine sun and one horse. The enemy's loss must have becn'heavy4 "Our force advancing on the Fengha road, after a vigorous fight with In fantry and artillery from 3 In the morning: of June- 19. -dislodged the enemy from Peifangchcngkou, ten miles southwestrof HsIIlenchlan and occupied at 8:40 the same morning Liu tiakou. 16 miles north of Changtu." CONVERGE ON POSSIET BAY Japanese Armies Advancing to Be siege Vladivostok. NEW.. YORK June 21. Three Japan ese columns ure movlHg- parallel to. the coast of Northeast Corea and are ap parently converging- oa PossIeV Bay, about 60 miles southwest of Vladivos tok, according to a Times dispatch from St. Petersburg-. A large fleet of trans ports nas sailed from Gensan for Vladivostok. BOTH. ADVANCE AND RETREAT "Llnlevltch Sends Story of Varied Japanese Movements. ST. PETERSBURG. June 21. Genera, Llnlevltch. Jn a dispatch to the Emperor dated June 19. says: "At 4 o'clock this morning, the Japan ese commenced an offensive on our front west of the railway; Slnlautchjouan was occupied by strong; detachments of Jap anese. "In the vicinity of Llaoyangwopeng the Japanese withdrew along the whole line southward to their old positions." Another dispatch from Llnlevltch dated June tO, says: "The Japanese on the road from Mal maka! to Chantufu commenced to retreat at midday. June 19. "On the east of the railway, the Jap anese Infantry at 3 o'clock In the morning of June 19, began to advance in tho di rection of Banlaschamync. but their ad vance was stopped at 9 A. M. "The Japanese on the Mandarin road also commenced an offensive at 3 In the morning. Toward 9 o'clock our advance posts retired slightly. The Japanese ar tillery opened at 10 o'clock and our ad vance posts retired further and at noon the Japanese occupied the village of Slaocheouschl. near Yaomallne." DID RIGHT TO SURRENDER. Commission's Report on Stoesscra Action at Port Arthur. LONDON, June 21. A dispatch to the Exchange Telegraph Company from St. Petersburg says the commission appointed to Investigate the capitulation of Port Apihur finds that the surrender of the fortress was Justifiable. Northern Corean Towrn Taken. TOKIO. Wednesdav. Jun 21 9 P. M.I It Is officially announced that a Japanese detachment In Northern Corea eomnlftelv occupied Kangsong on Tuesday. A few tnousana .Russians with artillery retired toward Slusong, 12 miles northward. PUT THEIR TRUST IN CZAR Russians Rejoice Over Early Pros pect of National Assembly. ST. PETERSBURG,. Juno 21 (12:40 P. M.). The impression produced by Emperor Nicholas' speech Monday at Peterhof to the delegation representing the alfRua slan Congress of ZemstvoIst3 and Mayors which assembled at Moscow, Is reflected In the Joyful acclaim wjth which It has been received by the Russian press. The question of peace and the representations that another great battle has begun In Manchuria have become of secondary Im portance In the public mind before the great fact that the Emperor has again pledged himself to popluar representa tion. The Russ declares that the history of representative government In Russia dates f rorn Whit Monday. "A hundred commissions- elaborating schemes for reform",'' the parser continues, "could not Inspire the people with as much hope in the future of Russia as the Emperor's words tp the delegation whose members were characterized by the reac tionaries as traitors, conspirators and rev olutionists. The fight is noc yet won." The text of Prince Troubetskoy's ad dress to the Emperor" when his majesty received the delegation which the latter headed L: now published. It reveals the plalu-sposen yet withal perfectly loyal fashion In which he spoke to the Em peror, telllns: him of the universal dis trust which pervaded all classes attribut able to the conviction that his majesty was being deceived by those about him who were interested, not in the realiza tion, but In the destruction of the pro posed reforms. Prince Troubetskoy rose above details. He said those who were present had not presumed to Indicate the exact form of national representation de manded, but that one principle they re garded as vital, namely, that the repre sentation should be based on universal citizenship. In which no class should be excluded. "It must not be based upon estates," the Prince continued. "You are the Emperor not of the land owners, merchants or peasants, but of all Russia. The bureaucracy which ha3 a place In every government must have a place In yours, but the national repre sentation must be Independent of the bu reaucracy, which must not be allowed to build a wall between you and the people. Your majesty will realize that when you stand face to face with the people's dele gates." HARD BLOW TO GOVERNOR Brovm Elected Sheriff In Spite of Carter's Opposition. HONOLULU. June 21. A. M. Brown, the Republics nnominee. was today elect ed Sheriff of Oahu County-, In wnlch this city Is included, by a vote of about,2200 to 1650, received by the home-rule candi date, A. Poepoe. and 830 received by Will lam Henry, the present Incumbent and an Independent candidate. The closing of the campaign was the most bitter In the history of local politics. Governor Carter made an active fight against Brown, In favor of Henry- The Republi cans have elected all their ticket except two Supervisors and possibly Treasurer. HONOLULU. June" 21. Returns re ceived by wireless telegraph indicate that the Republicans were generally successful In yesterday's election lor county officers in the Islands of Maual and Kauai, but were defeated In the Island of Hawaii by a fusion between the Home Rule party and the Democratic party. There Is considerable discussion In Honolulu as to the political effect of the election of A. M. Brown, tho regular Republican nominee for Sheriff, who was opposed by Governor Carter- In some Quarters it Is suggested It may possibly lead to the resignation of the Governor. Several of the Republican leaders 'held a conference with the Governor today, and it Is reported that they discussed the election, telling the Governor that their support of Brown was not intended as opposition to his administration. Governor Carter- will leave for the mainland June 2S. and he may go to Washington to confer with President Roosevelt- Prince Eltel's Yacht Third. IMPERIAL YACHT CLUB. Kiel. Ger many. June 21. Prince Ettel Frederick sailed his new 30-footcr Elizabeth In the Gret race at the Kiel regatta, today and camo In third among ten competitors. Wansee V, owned by the Wansee Boat Club and sailed by Otto Protzen. crossed the finishing Una first. SS seconds ahead of the Prince's boat. The George, owned by- tho Berlin Yacht Club, .was second. being 88 Keconds. ahead of the Elizabeth. FINDS MORTON S BLAMELESS President"1 s Verdict on Santa Fe Case. IS NOT TO BE PROSECUTED Policy Towards Railroads-and Trusts Defined. FEW WORDS ON EQUITABLE Entire Correspondence Indicates Moody's Disagreement With Jud son and Harmon and Hoose vclt's Opinion of Morton. WASHINGTON. . June 21. President Roosevelt In his letter on the Santa Fa rebate care, not only refused to allow the prosecution of Paul Morton Individ ually, but clearly denned hi? policy in prosecution of railroad companies for vio lation ot the Interstate Commerce law and of trusts for violation of the anti trust law. He also took occasion to se verely criticise the management of tho Equitable Life Asjurance Society and to suggest that life Insurance should be placed under Federal supervision. The whole correspondence relating to the Santa Fe rebate case was given to the public today, the President's letter tO Secretary Morton forming its final chapter. The correspondence tells tha whole story- of the difference of opinion between Attorney-General Moody and Messrs. Judson and Harmon, the special counsel employed to Inquire into the case. The latter wished to bring contempt and criminal proceedings against both the Santa Fe Company and the Colorado Fuel and Iron Company and their officials for violation of the Injunction Issued by tho United States Court against the giving and receiving of rebates on coal ship ments. As. Mr. Morton was among tho Santa. Fe officials Involved, this would mean that the President should Instruct one member of his cabinet to prosecute another. Mr. Moody refused to authoSSw such proceedings, holding that there was no evidence to justify a direct charge" against Individual officials, hut favored such proceedings against tha offending corporations and, later, action against In dividuals. If theso proceedings should prove them culpable. The President ajw proved this course, but Messrs. Judson and Harmon Insisted on the Individual responsibility of the officers of a corpora tion for Its misdeeds and resigned.. President's Policy Defined. In his letter to Mr. Moody, the Presi dent defines the limits between prosecu-. tion of corporations and their officers, citing the beef trust case aa an example- He declares that Mr. Morton Is not liable to prosecution In the case, but Is en titled to commendation for having given the testimony on which the Santa Fe In junction was .based, for having ordered his subordinates to cease giving rebates and for openly opposing them. Mr. Morton, in a letter to the President, tells the whole history of the rebates and of his connection with them. He tells how he ordered his subordinates to obey the Injunction and says the offending tariff was not withdrawn through The oversight of a subordinate. He reiterates his opposition to rebates. Tho President, In a letter to Mr. Mor ton, which closes the correspondence, ex presses the highest approval of his coursa throughout the affair, his confidence In and admiration for the secretary's. .In tegrity and ability and his belief that Mr. Morton will so manage the Equitable Life as to restore public confidence In It. He takes occasion In doing so to con- t demn tho management of the Equitable and to Indorse ex-President Cleveland's sentiments' on the need of honesty In men holding positions of trust. Ho ends by saying the Equitable affair furnishes an argument for government supervision. of such corporations. Offense of the Santa Fe.- The correspondence began - with" a let ter from Mes3rs. Harmon and Judson to the Attorney-General dated February 28 last In which was given a review of the testimony In the Colorado case be fore the Interstate Commerce Comml3- x slon. with the conclusion that a violation of the Injunction has been shown. This letter states that from .August 1902. to December; 1904. the Saifta Fe carried coal for the Colorado Fuel and Iron Company " from Colorado points to El Paso, Tex., and Dening, X. M., at less than pub lished rates. -The coal was apparently billed at published rates, but In fact the freight included the price of the coal, which wa3 collected by the railroad com pany and paid to the fuel company, which thus obtained a rebate of that amount, while other shippers paid the full rata without rebate. The letter says: This plan and the way It was carried out plainly Indicated Intention to deceive tho Gov ernment and the public, and to enable the fuel company to gain a monopoly of tha coal sup ply at the points Involved by kIvumt them a strong- advantage over competitors In the actual cut of transportation. The motive for thus favoring the fuel company does not appear in the evidence thus far taken, but the fact is clear. Want to Prosecute' Officers. The letter says that one chief officer of either company testified and therefore the others could not claim immunity from prosecution. The fuel company submitted no papers and the railroad company only such as are by law, made public, so that neither- company could claim Immunity. Messrs. Harmon and Judson proceeded to .recommend that the railroad company (Coscluftea oa Page 6.)