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.