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.)