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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 28, 1905)
yuan. VOL. XLV.-r-NO. 13,901. PORTLAND, OREGON, WEDXESDAYj JXXE 28, 1905. PRICE FIVE CENTS. HEKEY BEGIN HIS ARGUMENT Senator Mitchell Does . Not Testify. ONE WITNESS ONLY HEARD District Attorney Makes Bril liant Address. ANALYZES THE EVIDENCE Jurors Are Urged Not to Be Swayed by Sympathy, but to Try Fairly John 31. Mitchell,, the Man. With a suddenness almost startling, counsel for defense of Senator Mitchell, who Is on trial- before Judge Do Haven, yesterday morning routed Its case. The determination on the part of the defense to rest was so abrupt that it was akin almost to a collapse, and for the space of half a minute, when Judge Bennett announced his determination, surprise held all present. It was not until late Monday evening that the defense con cluded it would not place Senator Mltcboll on the witness stand. Even before the trial began, it was ex pected that Senator Mltcholl would testi fy In his own behalf. The United States courtroom was crowded to Its limits dur ing the morning session In anticipation of hearing from the Senator's own lips an absolute and emphatic denial of all that Judge A. H. Tanner and Harry C Rob ertson had told to the jury. It was be lieved by all who know the Oregon Sen' ator that his presence on the witness- stand would have had a tremendous of feet upon the Jury. Some of thorn be lieved a denial lrr toto might offset all that had boon .testified to by Tanner and Robertson.' It is understood that it was Senator Mitchell's desire to appear on the stand. Why he djd not do so Is known only to his counsel and himsolf. J. A. Martin, of Portland, was the only witness that the defense callod yestor day morning. His testimony, while it took almost ten minutes to tell, was along the line of those who appeared for the defense on Monday afternoon. Sen ator Mitchell had porformed a service for Martin, had been offered a fee and had refused it. When Martin concluded. United States District Attorney Heney asked Judge Bennett how many more witnesses he had, and the reply from Judge Bennett was that he did not know After making this remark. Judge Bennett and ex-Senator Thurston held a brief consultation. Following this the end of the case was announced. Arguments on Instructions. Judge De Haven thon called for the argumonts on instructions, and cx-Sonator Thurston, wko had previously informed the court that he wished to be hoard on this point, presented his argument. Ho took for his citation the famous Senator Burton case, and forcibly held that, be cause Senator Mitchell had never seen or received one of the Krlbs checks, he was Innocont of the charges alleged In the lndlctmont. Ex-Sonator Thurston spoke for over an hour. He was answered by Mr. Honey, and he In turn was answered by Judge Bennett. Judge Be Haven then announced that it was not his custom to limit the arguments, but he wished to know the desires of the at torneys on this point. It was quickly decided that there should be no limit placed upon the time that should be taken up in argument and His Honor Informed counsel that ho would be ready to hear the arguments at 2 o'clock, and excused the Jurors until that time. The news that the defense had rested and that the arguments would be pre sented to the Jury during the afternoon brought out the largost crowd yet present at the trial. Every available scat was taken and every chair in the Judge's chambers and the clerk's ofllce was brought into the court and they were oc cupied by men prominent at the bar and bench of the city. State Senator R. A. Booth was an early arrival. He took a seat to Senator Mitchell's left and iioituicu m uiu upuuuiK mKumoni mane by Mr. Honey with considerable Interest. Senator Fulton, the defendant's colleague In the uppor house of Congress, was also present, as was Mayor Williams, District Attorney Manning, Judge O'Day and many others. Heney's Lucid Argument. Tho preparedness with which Francis J. Heney entered the Mitchell trial was even more apparent yesterday than It has been since the casebegan Without "iuh - uk ma m ; pany. xne tact was mat n. A. Booth behalf of the Government, and from 2 ' wa connected with the concern, but o'clock until 4:30. when Judge De Haven "cSruta I'C adjourned the court until 10 o'clock this Company, and that In that transaction morning, he held t'ae closest attention of i J""0.18 flr5i J9r, alrv,.Jerionnd ,. j, . . . . . T .1 for that company. In one of the depart- all within reach ot his voice. Ho was in merits at Washington, the firm of Mltch splendld voice and throughout his long 1 H & Tanner received the sum of 503.00. ,,, ,,, ..-. . I and that the defendant received his share argument there was never a resort to thereof and that he had knowledge of tricks of voice or gestures. It was the this transaction. I will point out present- clean-cut argument of a brilliant lawyer, with the facts and testimony of the wit nesses tripping off the end of his tongue as though every word that had been spoken from the witness stand had been learned by heart. When Mr. Heney began to speak the throng present became motionless, and not even those who were forced to stand seemed to move for fully an hour. He was not through when fcourtadjourned. H,e seemed capable of going on to the end of time. Slowly at first he began re citing from his opening address what he had contended the Government would prove. Gradually his words began to flow, until at times they became a tor rent. Ho cautioned the Jury against any attempts of the counsel for the defense to create sympathy for the de fendant, and admonished them to for get that they were trying a Senator, and remember that itSras John 'H. Mitchell- Briefly he called attention to the unpleasant task that was beforo him, but he said that as an officer of the law he was forced to prosecute the defendant. He couched his warn ing against counsel for the defense by saying: -Don't be swayed by the dramatic arts of counsel, by the tears of full grown mon, whether they come from actual feeling of the heart, or whether they are from unqualified acting." With this note of warning delivered. Mr. Heney launched into a most ex haustive review of the many letters which had passed between Senator Mitchell and Judge Tanner. Letter after letter was taken up and dissected with an intelligence that was as keen as a surgeon's scalpel, and every vital point which tended to proe that Sen ator Mitchell was fully cognizant of what he was doing when he was act ively engaged In expediting the Krlbs claims was brought vividly to the minds of the Jurors. With a force that seemed well nigh Irresistible, he point ed out what he termed as the education of Tanner, by which Senator Mitchell finally got his partner to drop the use of the collective pronoun "we and 'our" from his letters when calling for the Senator's assistance before the de partments at Washington. , Mr. Heney bad Just completed read ing a letter when court was adjourned. He will resume his argument this morning, and unless there is some change in the plans, Judge Bennett will open for the defense and- ex-Senator Thurston will close. He will be fol lowed by Mr. Heney, who will close for the Government. HENEY'S OPENING ARGUMENT District Attorney Analyses the Testi mony Against Mitchell. The stenographic report of District Attorney Heney's opening argument follows: Gentlemen of the Jury: It now becomes my duty to present to you the facts of this case, as well as I can by reviewing the evidence, unoer this form of government, .which we all lnvo rt All in nil ant to be called on. at llmpH. to norform unnleasont duties and It has fallen to my lot to perform the unpleasant duty .01 prosecuting i unfortunate dciencant. y responsjouny in thi mattpr will soon cease: rours. which baa already commenced, will bo at Its height, it win remain ior you 10 say whether all men. arc equal before th taw and nonp above It: whether the laws of this country are to be enforced without favor to any person and without tear 01 any person. 1 icci. anu uimusi Itraik will urfhrm vmir Tin rt of thfs duty fearlessly and without favor, j 1 teei mat you appreciate tne responsi bility which rests upon your shoulders, and that you have taken an oath to try this case, and a true verdict render upon the evidence, with the full Intention of carrying out that oath of performing your duty, and of not permitting your self to be swayed by tne dramatic art of counsel, by which, by sophistry, an attempt may be made to majce you see. for the time being, this evidence In a different light from what you would view it at any time afterwards upon calm re flection. I am satisfied that you will not permit yourself to be swayed by the tears of full-grown men. whether they come from an actual feeling -of the heart, or whether they arc pure and unadulterated acting. I feel that, when I have presented this evidence to you, or my views of It, 1 will have acquitted myself of all re sponsibility, and whether I shall receive the approbation of my fellow-men for having attempted to perform my duty, as I siw it, or not, is not of half as much importance to me as the ap proval of my own conscience, and I know that each of you must feel the same way; that when you retire from your duty upon this Jury. If you can search your own conscience, and find that it ap proves of what you have done, you may be well satisfied regardless of what any one else may think. If it was not for the exalted position which this defendant occupies. I would think that thl. case might well be submitted by the prosecu tion without argument. If instead of try ing a United States Senator, you court d divorce that fact entirely from your minds and know and feel that you were trying only the man, John H. Mitchell. I have no doubt whatever but that you could reach a decision In this ca.e upon this overwhelming evidence, without any hesitation at all. Plan of the Case in my opening statement. I told you what tne Government expected to prove. I endeavored to state It fairly. It Is for you to Judge by the evidence which was Introduced whether I did state It fairly or not. I endeavored to state noth ing except what I believed the Govern ment could establish beyond any reason able doubt, by evidence which we have a risht to ask this Jury to believe. I stated to you that we would prove that the defendant In this case had received money for performing service before one of the departments In a matter In which the United States was interested. I stated to you that we would prove, be yond a reasonable doubt, by evidence satisfactory to you. that he received that money with .knowledge of whence It came. I told you that to show knowledge on his part, and solely for that nuroose. we would prove, that an exactly similar transaction occurred bctweon the firm of Mitchell & Tanner and John A. Benson, In which mnnpv vena rc A trt th firm and of which the defendant received his j Siwl. u" t'gg'? oraer to now xnowicage on nu part ? t '. wnetner we nave UUll It. UIU IlUt, U (U IMC XXCiAFUil matter. And. I will endeavor to show, to your Kitlsfaction. In a few minutes, that we have done so. I told you that, to prove knowledge on his part, we would show that an exactly similar transaction was had with this firm, by Burke, and that money was received by tho firm, and that the defendant received his share thereof. We have endeavored to prove that transaction. I told you that we would prove. In order to show knowl edge on his part, that money was obtained j g B&gS&fi. "ESSE: or received rrom tne uootn-Kcily Lum lv hr rnnnrmtlnn with JhiIitk To which conversations are not denied, and by the letter of Judge Tanner, toying that if we can get this thing through, the company Is willing to pay us a large fee for our services in the matter. I told .you about Lee Sue. That the firm had received money In that matter, and that the defendant received his share thereof, and we ha-e proven that one. I told you of the Jong Wah Company, the Chinese Benevolent Society, as It turned out to be. and that was ruled out of evidence; we were not permitted to go Into that. I told you ot the -Cook (Coslluded oa Pore 10.) ANTED - TO BE . THE WHULE THING Panama Engineer Wallace Created a Very Warm Row in Official Circles. CANAL PLANS ARE UPSET Secretary Taft Is Expected to Hold Conference "With the President at Harvard Today to Facili tate Philippine Trip. WASHINGTON. June 27. (SpcckO.) The precipitate action of John F. Wallace, chief engineer of the JEfanama Canal, in resigning his .position In a huff, has com plicated the plans of President Roosevelt and Secretary Taft for the main work on the Isthmian canal, and when the Presi dent and Secretary meet at Harvard to morrow they are expected to hold -a hur ried conference and formulate plans for the future, as well as to Issue an official announcement of the resignation of Wal lace It Is now conceded In official circles that the President and Secretary will have to do some quick work In selecting a new chief engineer. Secretary Taft has planned to leave for the Philippines by way of the Pacific Coast next Saturday. It Is on Important mission, and the party includes Senators. Representatives and distinguished friends, and the date of starting cannot very well be postponed. Resignation After "Warm Row. What official Washington is most anx ious to learn Is whether the official an nouncement of the resignation will ex press the resentment the Administration feels against Mr. Wallace. His retirement ends what has been as warm a row as has occurred in official circles in a long time. One official who Is In close touch with the officers of the commission says that the whole trouble was brought about by Mr. Wallace desiring to be the" "whole thing" in the work of. canal construction. He is a man of Independent moans, and tho salary of f00,OX presented no groat at tractions. Tho present moment Is a most critical point in the canal programme. Yellow fever Is raging on the Isthmus. President Roosevolt has called the Inter national consulting board of engineers to meet In Washington September 1. This board will wield great Influence In deter mining whether the waterway shall be a sea-level or a lock canaL For Mr. Wal lace to threaton to resign at this vital Juncture unless he were given powers far in excess of what were considered neces sary. is deemed an unreasonable exaction which noither the President nor Mr. Taft proposed to endure. Shonts Professed Ignorance. President Shonts. of the commission, told his colleagues at their last meeting that he knew absolutely nothing about the re ported intentions of Mr. Wallace, and that he was completely In the dark on the subject The possibility of Mr. Wallace's resignation has been discussed Informally In the commission for several days, but Secretary Taft Is stated to have been really the only person who had an inkling of Mr. Wallace's Intentions. That the Secretary held strong views on the subject was known to several of his friends, and It Is explained that there may yet be some Interesting developments before the official resignation Is announced by the Government. It Is understood that Mr. Wallace, when he last conferred with the officials before leaving for the Isthmus, expressed hlmsel; as deeply gratified at the consideration shown him. and declared his entire satis faction with the plan for the adrolnlstra Hon of the canal. The statemont was made by a closo friend of Secretary Taft tonight that It was not believed the resignation of Mr. Wallace would cause him to postpone his trip to the Philippines. Takes Job Offered Morton. John F. Wallace's resignation was hand ed In because' he wishes to beeoxnc the head of the Metropolitan Railway Com pany's new subway system. In this city, which Is destined to yield enormous prof its. It is the same position tendered to Paul Morton, who had virtually accepted when he was suddenly selected as the hrarf of thn Enultahlo. Mr. Wallace was deemed the most avail- I awe suDRiuuie tor .sir. .Morten. e wiu j get a salary of a year. Mr. Wallace declines to discuss canal affairs In any way. Since his return last weok he has kept from public view, bis presence being known te only a few friends and department officials. No Bound to Return the Dead. WASHINGTON. June 27. The Control ler of the Treasury has rendored a de cision In which he holds.-in effect, that under the terms of its present contracts of employment between the Isthmian Ca nal Commission and Its employes, the commission Is not authorized to pay the expenses of transportation of the remains of deceased employes from the Isthmus to their homes In the United States. The- Controller is of the opinion, how ever, that the commission has authority, if it so desires, to contract with its em ployes for the payment of such expense as a part of their compensation In the event of their death. La Boca Wharf In Quarantine. COLON. June 2". A meeting of steamship agents was held here today to consider a fatal case ot bubonic plague recently reported to have oc curred at La Boca. "near" Panama. Pend ing developments, so definite action was taken. The authorities of Panama have quarantined the J-a -lioca wnarx for 14 days. LEAPS FROM SIXTH FLOOR Captain Graham, Confederate Vet eran, Commits Suicide. WASHINGTON. June 27. Captain Rob ert G. Graham, a lawyer. &5 years old. who served In the Confederate army throughout the Civil War. and a son of former Cabinet officer. Uaped from the portico of a window on the sixth floor of an apartment-house today, and was so se riously injured that he died a few minutes after being picked up. He had been ill for some time and It is believed he became despondent. The Coroner gave a certifi cate of -death from suicide. The deceased was for three years secre tary of the Civil Service Commission dur ing the first administration of President Cleveland. GIVES LIFE FOR A CHILD Grand Island Brakeman Climbs Out on Pilot on Engine. ST. JOSEPH, Mo., June 2". In sav ing the life of a 2"4-year-old child which had wandered on the railroad track near Powell. Neb.. George FoehL a St. Joseph & Grand Island fireman, was fatally hurt. As the heavy freight train .rounded a curve a child was dls covered a short distance ahead. Brakes were applied, but too late. Poehl climbed to the pilot and grasped the baby as the spot was reached, throw ing It from the track uninjured. The fireman's foot slipped, was caught un der the pilot and literally wrenched off. He will die. YAQU1 MASSACRE IS DENIED Fight Occurs on Buenos Ay res Ranch In Which Two Arc Killed. NOG ALES. N. M., June 27. The stories sent out from this place regarding the at tack by -Yaqul Indians on the Buenos Avres ranch, in Sonora. last Thursday. In which over 20 Yaquls and several settlers and their families were said to have been slain. wre the grossest cxageratlons. The only foundation for the reports was fight occurring at the ranch. In which two Indians were killed, and Louis Caranxa was wounded. There was no attempt at a massacre. and no troops were sent out. as reported. Forest Fires In Colorado. DENVER. June 27. Forest fires are burning fiercely on Government lands in the mountains southwest of Denver. Since Sunday -morning a fire has been raging ten miles northwest of Pine Grove, la Platte Canyon. Government range riders havo been sent out from different points to check the progress of the flames. The loss thus- ,'nr will reach CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature. 69 degt; rnlnlmuniT 31. Precipitation. 0.-J6 ot an In eh. TODAY'S Fair and -warmer. Wtiterly winds. War in the Far East. Tentative selection ot peace plen'r.tefctUri-a by the belnserenu trill proDSDtr be un changed. Page 4. Keport current la St, Petersburg tht Kuro patkln I alaln and many Russians cap tured. Page 4. The Franco-German CrlMa. Germany's reply to the French note is very amicable In tone, page I. IniUteace is made that Moroccan question- must ba regulated by a conference. Page 1. Persia may be used as a basis ot compro mise. Page 1. Rasftla. Cossacks surprlsa meeting of Socialists In forest near Jjoaz and Are on crown. Page 3. Odessa Is Involved in bloody strike spreading over'ltussia. Page 3. Foreign. King Oscar opposed raising of Prince ot Honse of Bemadotte to tne Norwegian throne. Page 4. Riksdag resents Insult of Norway, but seems willing to accept dissolution of states. Page 4. , National. Engineer Wallace wanted to be. the "whole thing In building the Panama CanaL , Cage X. General Leonard Wood arrives on a firing visit from the Philippines. Page 3. Secretary Hay's condition continues to 1m prove. Page Domestic. President Roosevelt goes to Cambridge to attend Harvard commencement exercises. Page 2. Anneal policies to be written hereafter by Milwaukee Insurance company, wiin dis tribution of dividends. Page 5. Knabenshue'a airship makes successful trial trip at Toledo. O. Pag Mrs. Mary Baker Eddy says too many pray era have been offeree lor peace ot na tlons. Page 1. Sport. Americans win all tennis matches ot the day In England. Page Tale wins Intercollegiate championship from Harvard by 7 to 2 score. Page ,. Pacific Coast League scores: Tacoma 2. Portland 1; San Francisco 4. Los Angeles 1. Page 7. Pacific Coast. Portland women saved from drowning at Seaside. Page 0. . Eastern Washington stockmen grabbing land. Page 0. Chinese do not fear boycott, though reports are bad. Page 8. Snort-change man goes quickly to pealten tlary. Page 6. Commercial aad Marine. Aphis numerous In Willamette Valley wheat. Page 1- Stock market again duU. Page 17. Nenarrlval of train causes bare fruit market. Page 17. Res tiring sales weaken stock market. Page 17. E2orU being made to contract 1905 wool clip. Page 11. Grain futures weaker at Ban Francisco. Page 17: ! Strong wheat market at Chicago. Page 17. Steamer Gamecock sinks in Cowlitz RlTer. Page S. Steamer Ilford chartered for lumber to China. Page S. VnrU'i TmIt. Annual convention of W. C T. U. Inpro jrcfa. Attendance yesterday. 13.003. Page 12. Editors see the Fair and enjoy reception. Page 12. Psrtlaaa aaa Yleialty. President remedies Chinese exclusion dlffl cnlty. Page 13. District Attorney Heney makes his opening argument in Mltcsen trial, page 1. Policeman narrowly escapes death Is battle with prisoner. Page 10. Ordinance raising pay of police and fire de partments may not be valid, page 9s Thomas E. Dutrp gives sensational testimony la court. Page IP. Woman suffragists k gather . for conTentloa. page u. GERMAN HEPLY IS FRIENDLY IN FORM Conference for the Regulation of the Moroccan Question Is Insisted Upon. FRENCH TENSION RELAXES t Diplomats Express the Opinion That Influence Iii'-flBersla Will Bo Used as a Basis of Compromise. i PARIS. June 27. Germany's reply to the French note on the subject of Morocco was presented during a conference be tween Pr.nce Radolin. the German Am bassador. and Premier Rouvler. at the Foreign Office, today. While most friend ly In form and entirely lacking a peremp tory tone, Germany's response none the less maintains the position that the Mo roccan question must be regulated by a conference of the powers, without any agreement In advance limiting the scope of such conference. This was accompanied by the presenta tion of Germany's general point of view In such an amicable spirit as to disarm the suspicion entertained concerning Ger many's ulterior motives. Prince Radolln remained after the presentation of the note for a long conversation, in which Germany's desire for an amicable adjust ment of the difficulty was further ex pressed. It Is thought that Premier Rouvier will be prepared to terminate the controversy either by accepting the conference or sub mitting counter-proposals. However, he Informed Prince Radolln that no decision would be taken until the German note had been submitted to the Council of Min isters at the next regular nieetlng, which will take place Friday, so that final deter mlnation remains In abeyance unless the Council! should be called In special ses sion. It Is the general expectation that an agreement will be reached on the basis of a conference. Conference May Be Accepted. Tension In official quarters has notably diminished; and this is only explainable on the theory that a conference will be accepted. Germany's response does not make any notable concession. However, the agreeable tone adopted by Germany and the entire absence of menace appear to create the most favorable Impression. This Is a most fortunate turn of affairs, for. while France sincerely seeks to avoid a rupture, anything offensive to the na tlonal prld- mlgnt nave innamea puouc opinion beyond the point of control. Reports from foreign capitals to the ef fect that France recognizes Germany's in fiuonce in Persia as compensation for the renunciation of that country's claims in Morocco has somewhat annoyed French officials, who In strenuous terms' authori tatively deny any such understanding. saying: Franco Is negotiating with Germany about Morocco, and only about -Morocco Rumors relative to Persia or elsewhere are purely Inventions, and of a nature to create trouble between the powers, parr tlcularly with .Russia. A. positive denial of these rumors can be given.' Persia a Basis of, Compromise. In German quarters it is also stated that Persia has not figured in any way In the note. Germans view the Persian ru mor as a diplomatic ruse to excite Rus sia against Germany. However, diplomats are Inclined to be lieve that Persia would be a good basis for compromise, as Franco possesses con slderable Interests there, whereas Ger many seeks to strengthen her hold on the Bagdad Railroad, thus giving her commu nlcatlon with the Persian Gulf, rivaling the British route to the Orient by way of Sues. The prospects of such a compro mise were much discussed by the diplo mats attending the reception at tho Brit ish Embassy last night. The Shah of Persia happens to be so journing at Centrexevllle, where numerous Influences are in operation to induce mm to take a friendly view o various foreign railroad projects. GER3IANY SCORES A VICTORX St. Petersburg Gets Word Agreement Covers More Than. Morocco. ST. PETERSBURG, June 27. Private advices from Prals say that Germany has achieved a diplomatic victory over Franco by reaching an agreement with Premier Rouvler for a settlement cov ering not only Morocco, but other ques tlons. by which It Is presumed that Germany, like Great Britain, will se cure compensation for quit claiming her Interests In Morocco. Germany's culd nro que. according to report, will be obtained In -the Near East, in recog nition of her Influence In Persia. INSISTS UPON A CONFERENCE German Note Said to Be Very Amicable In Tone. BERLIN, June 27 (1:50 P. M.). The Ger man answer to the French note on the subject ot the proposed Morocco con ference was sent to Paris yesterday. A high official near Chancellor von Bulow Informs the Associated Press that the German note, while perfectly amicable In form, insists upon a conference, and also declines to comply with France's request that Germany outline beforehand the pro gramme ot the conference. The Chancellor takes the stand that the Morocco question is an international af fair, and Germany, having accepted the Saltan's Invitation to a conference on the subject, cannot rightly agree with any single power aa to what can be discussed at the conference. Germany Ineists that France must agree to the conference be fore any arrangements are made respect ing the subject-matter for discussion. After France has agreed to this, Germasr wllllnr to listen to France's wishes. The official's attention being called ta the warlike talk la the ferelgn press, he replied: "The fact that we are urging a confer ence Is clear proof that we have no wtsh for war with France. When a nation wants war. It cannot ask for a conference at the same time. If we wanted war with France, we would have regretted. M. Del casse's falL since he was the greatest ob stacle to good relations with. France. On the contrary. M. Delcasse's removal and. Premier 3touvlers decision to retain the foreign portfolio gave great satisfaction in German ofncloi circles Because we saw In these steps a guarantee e isa proved relations." Credit Is Given Itooscvelt. PARIS. June 27. The Temps this af ternoon printed a special dispatch from Berlin which credits President Roose velt with using: his influence to avsM the Morocco question reaching a erfetfc. Similar reports are circulating in tip- lomatic quarters .here, it being stated that President Roosevelt used his friendly counsels with the Frenek a ad German Ambassadors at WashingUM. ECHO OF THE BOURGOGNE Court Orders Payment of Freight and Passage Money. NEW TORKJune 27. In the suit brought by the sm . Wcacfthe La Beur- gogne eight years ago a ueW34a.wa3 handed doT.n today in the United States' Circuit Court of Appeals, which entered the United States District Court, the tri bunal below, to modify its opinion in conformity with the decision rendered today. The principal feature of moment in the new opinion la that it orders the Cem pagnle Gencrale Transatlantique to pay over to the trustee tne sum 01 ilj.em francs, with interest from the date of the disaster, this representing the arnewat of the freight and passage mosey received by the owners ot the vessel for the voyage from New York on which she was lost- As to whether the defendant was re sponsible for the loss of life, the court holds that the owners were personally without responsibility. As to whether the La Bourgogne was at fault and the refers responsible for the collision, the court decided that the defendant was net re sponsible. Claims for nearly J3.ceo.wo nave Been filed against the Compagne Generate Transatkmtique. the owners of the Beur- gogne. SALARIES ARE RAISED. Assistant Postmasters In Two Ore gon Towns Profit. OREGONIAN NEWS BUREAU. Wash ington. June 27. Postmaster-General Cor- telyou has authorized an Increase la the salary of the Assistant Postmaster at Oretron City from J1WQ 10 luw ami iae appointment of one additional clerk kx that office at per annum. The salary of the Assistant Foetnwater at Roseburg will be raised from te JlOOu. Contracts on 3Ilntdoka Projects. OREGONIAN NEWS BUREAU. Wash ington. June 57. Secretary Hitchcock; to day awarded the contract for toe con struction of the telephone system In con nection with the Minidoka Irrigation proj ect In Idaho to W. H. Crumb & Co.. of Chicago, at their bid of $5335. Contracts for construction of reserwHrs. canals, etc.. fftr the Minidoka project were awarded to Warman Sc ctook. Pueblo. Colo.: Hubbard Sc. Carlson. Betse; Monarch & Porter. Des Moines. Io.. and the Vulcan Iron Works. Chicago. The ag gregate amount of these contracts is JS73.0CU. BREAKS ON HEAVY GRADE Freight on Colorado Southern Runs Into Passenger Following. DENVER. Colo.. June 27. While climb ing the steep grade Into Castle Rock. Colo., today a heavily laden freight train going south broke In two sections and 33 cars, rushing down hill, crashed into the head of Colorado & Southern passenger train No. 12, demolishing the locomo tive. Fireman McAdams. of Denver, had both legs cut off and died In an hour. Nearly all the coaches of the passenger train were derailed and many passengers were badly bruised. Among the Injured are the following: W. J. Food. Seattle, Wash,, right knee Injured. C P. Knight, Boise City. Idaho, cut about head and arms. HILUS LINE IS FAVORED Canadian Parliament Favors Line to Compete With C. It. R. OTTAWA. Ont-. June 27. The Victoria. Vancouver & Eastern Railway blH was favorably reported to the House teday . -. , . m.. I 1,1-1. L. Dy a voie ot .a iu w. xuc to run from the Boundary ijreejc ais- trictV In British Columbia, to the Pacific Coast, I3 being promoted by James J. Hill. The bill has been bitterly fought by the Canadian Pacific, and opposition to the measure will be continued in the Commons and Senate. . Durfec Is Held lor 3Iurder. ELGIN, I1L, June 27. Arsenic Is said to have been discovered In the stomach of Mrs. W. H. Duffee, whose death here has caused suspicion to rest upon her husband. The internal organs are under chemical and microscopical examination, and the substance of white powder which Durfee gave his wife Is being investigated by the Elgin authorities. Meanwhile re searches into Durfee's past life are being made. The story hrs many ramifications, including several previous marriages by Durfee- Durfee was arrested this afternoon and was locked up without ball on-a charge of murder. Raise. In Assessment Condemned. NEW YORK. June 27. After a pro longed session, the New York Council of the Royal Arcanum, which met here to night, passed a resolution condemning the action of the supreme council of the or der in ralslnsr the assessment rates, and called 'upon State Grand Regent Hoag to present the protest to the council and use his efforts to have the new scale of assessments rescinded. Fresh Mobilizations Ordered. ST. PETERSBURG. June 2S. Mobiliza tions have been ordered ,ln Tsarsko-e-SeJo. IS milts from St. Petersburg, and Volmar. U the Government of Tovonla. WOMEN ESCAPE clutch ore Mrs. Arthur Mann and Miss Ella Young Almost Drown at Seaside. RESCUERS NEARLY LOST John P. Von Almert and Walter J Smith, of New Kockford, North.. J Dakota, the Heroes Hour. of SEASIDE Or.. June 27. SpeclaL - Mrs. Arthur Mann and her sister. Miss Eltu Young, ef 290 Fourteenth street, Portland, were saved from drowning- in. the surf today by Jfen P. von -Union, and Walter J. Smith, two' young men. from New Reekford. Nerth Dakota. The women had been carried beyond their depth by the undertow and were 180 yards from shore and completely exhausted when their rescuers reached. them. At 2:30 this afternoon a heavy surf was beating; In en the beach, and a number of bathers were taking advan tage ef it. Among them were the two women, who are English and athletic Mrs. Mann Is about 20 and her sister 18 years younger. They met the bigr waves and plunged through them with, the rest, and though they ventured ouc pretty far. there was no apparent dan ger. Drifting alon? the beach, they came to a point where there was a strong undertow, and a depression la the sand ef which they did not know. Being dragged sidewlee into this, they were immediately earried beyond their depth. As seort as the people on the shore, mostly tourists down for the day. saw their predicament, they cried out la alarm, and the two young men. who were In a party of 30. all from North Dakota, plunged Into the ecean to their res ewe Yen Almen could not swim, but did not stop for that. Being a tall, strong; man. he made his way through the waves, keeping his feet better than tho women eeuld. As the men got near their depth they experienced Increas ing difficulty In making headway against the surf. They were finally successful, however. Miss Young; was barely- keeping- aSoat. and collapsed Immediately.- The difficulty lay in the return. Tha undertow had increased in strength, and It seemed from the shore for a few minutes as If the four were making no koBdvaT. hut were betns: carried to sea. The danger was enhanced by the fact that Von Almen was helpless In deep water. This knowledge soon, spread In the crowd, and despair was written en every face. By a great effort the men succeeded In regaining; their feet and carrying the women, ashore. Mtss Young was in a bad state of collapse on being brought to the shore, but E. P. Smith, who was at hand, re vived her in an hour. Dr. W. E. Young, who was called, said tonight that he fears inflammation of ths lungs. The accident occurred near Locksley HalL The two sisters have been occu pying the Rlverview cottage in that neighborhood. Arthur Mann, whose wife and slster-ln-law came so nearly being drowned, was In the meanwhile at werk In the oflloe of Kerr, Gifford & Company, In Portland. TOO HHY PBHTEHS MADE SPECIAL APPEALS FOR PEACE OF NATIONS TO CEASE. Mrs. Eddy Issues Request to Mem bers or Her Church, Saying; Blessing Is Sure to Come.' CONCORD. N. H.. June 27. Rer. Mary Baker G. Eddy has Issued the. following request to the members of rr . ru. k r rhrlt. Scientist me xafc ------7." , I "Hear. O Israel, the Lord God la oui Tim! "I now request that the members of my church cease special prayer for the peaee of nations and cease in full faith, that God dees not hear ourprayer only because of oft speaking; but that Ha will bless all the Inhabitants of the earth and none can stay His hand nor say unto Him. 'What doest thour Out of His allness He must bless with His own truth and love." "BIG FRANK" M?C0Y DEAD Old-Time Bank Burglar Picked Up HI and In Great Poverty. NEW YORK. June 27. "Big: Frank McCoy, the famous old-time bank: burglar and partner of the late "Jim my" Hope, of Manhattan Bank fame, died at the Metropolitan Hospital oa Blackwell's Island today of a compli cation of diseases. McCoy for some years past had lived a hand-to-mouth-existence on the East Side. He was taken, to the hospital June IS. McCoy was implicated In some ot the most sensational bank-robberie3 la the country. At different times In his ca reer he was possessed ot considerable means, but his money went as fast aa It came. ' Commercial Men 'Elect Officers- CHICAGO, June 27. The Secretaries of the United Commercial Travelers today elected B. F. Andrews, of Portland. Me president, and G. Watt Sheldon, ot Den ver, Colc, secretary.