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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 12, 1905)
YOL. XLV.-O. 13,913. PORTLAND, OREGON, WEDNESDAY, JULY 12, 1K)5. PRICE FIVE CENTS. BENNETT STIBS IRE OF WITNESS Questioning Annoys B. F Jones. ASKED IF HE KILLED SHEEP Also if He Sent Threatening Letters to Van Gesner. MAKES AN ANGRY DENIAL Testimony Is Offered by Many Wit nesses That They Were Induced by Williamson and Gesner to Take Up Claims. ANOTHER VAX GESNER LETTER. Dr. Van Gesner was confronted with documentary evidence to hla discredit lor the second time at the Williamson trial of yeetcrday when the prosecution Introduced a letter written to Chris tian Feucrhelm asking him to relinquish his timber claim. The writer laid the blame for the troublo upon Malcolm A. Moody and the Land Office at The Dalles. The letter was as follows: "Prineville, March 12, lf05. Chris tian Feuerhelm: That timber claim of yours and all the balance, I have got to throw them up. I am sure we would get Into trouble over them before we got through with them, and then be turned down on them. I know that Mr. Moody and The Dalles Land Office are laylnr for us. I do not want to gej. Into trouble over them and don't want any of my friends to get Into trouble. Tou go "before Mr. Biggs and relinquish your claim. "VAN GESNER." What promised for a fewNninutes to have been a sensation in the Illiam-son-Gesner-Biggs trial yesterday aft ernoon before Judge De Haven, dwindled into & emphatic -statement that Dr. Gesner had a verbal agree ment with at least one witness. From the opening hour of the morning ses sion until Just a few minutes before adjourning, the trial droned along, with witness after witness adding link after link in the chain of evidence that the Government is forging around the three defendants. During bis cross-examination, Henry Hudson, no relation, by the way, to the famous explorer, had furnished the comedy scene that was tossed Into the , day's proceedings, and it was Ben F. Jones, a retired cattle and horseman, that furnished the mild sensation. Jones had told on the witness stand bow he and his wife came to fceke up timber claims. He stated that he had done this at the request of Dr. Van Gesner, that Dr. Gesner had furnished the money and that he had proved up on his claim, and that his wife had relinquished hers. His testimony was in line with the ten other witnesses that had been examined. He was a bit more sure about certain events that had occurred before and after be had taken up his claim. He was turned over to Judge Bennett for cross-examination, and because the defense thought that Jones, having been a cat tleman, had been mixed up in the fight against the sheepmen, that the incident arose. Witness Jones Grows Angry. Judge Bennett had taken the witness along until he reached the point where he had sworn to the questions that had been put to him when he made his final proof. Counsel for the defense pressed the witness very closely and had gotten an admission from him that when he had sworn to certain answers Jn the papers of final proof that he was swearing falsely, and that his wife -had done the same thing; Dis trict Attorney Heney had objected to certain adjectives used by Judge Ben nett when he was crowding the wit ness on this point, and the objection was sustained by the court. Jones ad mitted that at the time he was sworn that he was not. aware that he was committing such a serious offense. Judge Bennett had also tried repeat edly to get an admission from the wit ness that he had talked with Dr. Ges ner and had assured him that there had been no agreement between the witness and Dr. Gesner about turning over the timber claim to Dr. Gesner. The witness denied that he had talked with Dr. Gesner. Then Judge Bennett asked him If he had ever written to Dr. Gesner. Jones replied that he had not, and before the answer was made Judge Bennett was on his feet and hurried over to where Dr. Gesner sat. For a while it looked as If he was going to spring the same surprise on Jones as he had on Jefferson Evans, who had been asked If he had signed a note, and he declared that he had not. Marlon Biggs, one of the three defendants, pulled the note out of his pocketbook and the witness was forced to admit that the signature on the note calling for $426.10 bore what he thought must be his signature, but he disclaimed all knowledge of having signed tho paper. Many thought that Judge Bennett was about to spring an other note, but It wasn't a note, it was a letter. The letter was not read, nor was It given to the press, and un doubtedly It will be sprung again on tome other witness before the trial closes. The moment Judge Bennett handed Jones the letters his tone of voice became threatening: and Impera tive. He elicited from the witness that he had been In the cattle and horse business; then he asked him point blank if he had not sent the letters to Dr. Gesner. This letter must have contained either threats' or warning, similar to those which are said to bave been passing back and forth be tween the sheepmen and the cattle men. -Jones denied, with some showing of temper, that he had written the let ters, nor would he admit that he had attended any of the meetings held by the cattlemen. When Judge Bennett asked him if he had' ever killed any sheep he became thoroughly angry. It was evident the purpose of counsel for the defense to show by the witness that he was connected in some manner with the range war that was going on In Crook County. Jones denials were emphatic and Judge Bennett pressod him no further on this point, but swung his Interrogations back to the alleged agreement between Dr. Gesner and the witness. The witness by this time was thoroughly roused. His voice was charged with anger, and he said: "Yes. there was an agreement, a verbal agreement, and I intended to sell the 'claim to Dr. Gesner." The witness was still on the stand when court ad journed. Witness Made His Will. Henry Hudson was the German comr edian of the trial. He was loquacious, and when under Are of cross-examination he furnished several laughs ani was productive of many smiles. He has a dialect that. If he were on the stage, would be worth a fortune to him. On direct examination he was funny, but it was while being prodded on cross-examination by Judge Ben nett that he waxed merriest. Judge Bennett asked him .about the wl.ll. he made when he was summoned to Port land to appear before the Pcderal grand Jury. Counsel for the "defense wanted him to admit that he made the will because he was afraid. He would not admit this, but said that at one time he had been a sailor, sometimes took' a cargo of wet goods aboard, an between the uncertainty of train travel and being in Portland he made the will, so as to be on the safe side. Judge Bennett also asked him if Mr. Heney hadn't threatened him, and be replied: "Mr. Heney treated me fine. He iss a gentleman, and Mr. Bennett, he treated me like a gentleman, I tell you dot." WITNESSES TOOK UP CLAIMS Many Testify That They Were In duced by Williamson and Gesner. The Williamson trial was resumed vesterdav morninf?. with Wllford J. Crane upon the stand. Crajie bad been1 called Just prior to adjournment on the preceding evening, when court was compelled to close owing to the noise In the corridor, which prevented tne Jury from hearing the testimony of the witness. The testimony of Crane was In large nart the same as that of the previous witnesses. He had taken up a timber claim and had gone to the timber to meet Williamson and ocsntr. Will iamson had written the numbers of tne claims in a book bolot.ging to Watklns, the father-in-law of the wit ness, and had told him that these were the claims set apart for him to take. Following this meeting he had gone to the office of M. R. Biggs, in Prlne vllle, and filed upon the lands set out for him. He nad hesitated about sign ing the affidavit, as he did not think it read right, but Biggs had told him It was all right and for him to go ahead. After he had filed, and had done no with the money furnished by Gesner, he felt morally bound to sell the claim to Gesner. as he had prom ised to do. The witness had had a talk with Gesner about relinquishing the claim when Williamson was pres ent and Williamson had read the ac count In The Oregonlan stating that Hitchcock was after the timber land frauds and would make an Investiga tion of the filings. Gesner bad said he thought the witness had better re llnqulrih for a time, though the trouble would quiet down in a short times and he could go ahead with his claim. He had receive! a check from the land office for the amount of his filing fees and other expenses and had turned it over to Gesner. Felt Obligation Binding. In the cross-examination Judge Ben nett tried to show that the witness had not made a contract with the firm of Williamson & Gesner for the purchase and sale of the land, but the witness said that he felt under ob ligations to sell to Gesner since the doctor had furnished him the money with which to tile. He was also ques tioned as to his association with the prosecution and asked how many times he had boon In the office of Neuhausen. though It was brought out on the re direct examination by Mr. Heney that the. office referred to as Nounausen's was the office of the United States Dis trict Attorney and nad been used as a headquarters for the Government witnesses during the trial. In answer to the questioning by the defenses as to whether or not the wit ness nad seen any of the defendants, and If the prosecution had not cau tioned him to avoid them. Mr. Heney asked a few questions. "Xow, didn't I tell you that you could talk to tl-e defendants and their attor neys?" he asked. "Yes. .sir." "But that I thought It would be better for you not to because they " "I object." said Judge Bennett. "Well, that 1 thought It would be better for you not to?" finished Mr. Heney. "Yes. sir." "Who was it that wanted you to file?" continued Mr. Heney. "Watklns was the man. I wouldn't have filed if he hadn't wanted me to." "Don't you know," Interrupted the court, "why you filed on that timber land: what you did It for?" "Yes. I did it for what there was in it. Wat kins told me thfre was $7 In It." At the close of the witnesses testi mony Mr. Bennett tried to show that there had been a sharp war raging In the neighborhood, while Mr. Heney took the opposite stand. The witness didn't remember whether there had been or not. Advised by Williamson. George M. Gaylord was the next witness called. He lived at Sweet Home. Linn County, though he had previously been a resident of Prlne vllle. In 1902 he had been working for Watklns and had been told by him that Williamson and Gesner wanted men to file upon timber land. He had gone with tne rest Into the timber and had there met Williamson and Ges ner. who were out surveying. He had agreed to file upon a piece of land, and did so. He had expected to get the money to file upon his land from Williamson and Gesner and In turn In tended to turn the land over to them when deed had been secured to the (Concluded on -Page lid FUNCTION THE VISITORS Reception and Fete at the American Inn to -Honor Doctors. FINE FIREWORKS DISPLAY OnQtof the, Most Brilliant Events of the Exposition Season Is Held to the Enjoyment of All Present. BRILLIANT SOCIAL FUNCTION. The most brilliant function of th Exposition jwm was giren-iasi eve- t nlng at the American Inn In honor of the visiting members of the medical pro- fessdon. Not Use than 2500 guests were entertained In the inoU lavish manner. Social form, dignity becoming the high profession of the guests of honor, marked the general reception and fete given mem bers of the American Medical -Association and accompanying ladles at the American .Inn last night. From 8:30 to 10 o'clock the receiving hosts and hostesses of the func tion faced a surging throng that had not yet passed the pdrtals of the big parlor when the reception committee was led away to the vast dining-room, where cov ers were laid for a thousand guests at each sitting, and the chairs were twice occupied, and several score served at third tables, although hundreds hastened away to other attraction? without entering tho dlnlng-rooml During the reception hour preceding the special display of pyrotech nics on the water front It was a scene of animation, that thronged the lobby, re ception-rooms, parlors, writing-rooms and banquet hall, such as has probably never before been witnessed In Portland. Dance to the Music. Llberatl's band wan stationed, on the veranda, playing a special programme of classic, patriotic and inspiring selections of the leader, while in the banquet hall dancers tripped to the harmony of "Web ber's orchestra, engaged for the season at she T.n. tlon, with Mrs. Goode. were the first In the receiving line. Dr. K. A. J. Mackenzie introducing the guests. Next in line were Mayor and Mrs. Lane. Dr. William Jones and Mrs. Jones, Dr. A. J. Glesy and Mrs. Gicsy, Dr. George Wilson and Miss Wil son. Dr. H. W. Coc and Mrs. Coe, Dr. Tucker and Mm K. A. J. Mackenzie. Jolly good nature was a predominating characteristic of the multitude, and as the movement was directed toward the In viting doors of the parlors the crush be came very great, as the vortex of the maelstrom of courtler-like gentlemen and beautiful, elegantly-gowned women eager ly sought an opportunity to express a word of appreciation of what was termed a most pleasing social function. While the reception line was still unbroken the veranda and walk in front of the hostelry was crowded with a mass of those who had passed through the parlors and ob served the magnificent display of fire works fired from floats located at some distance from shore. Spectacle of Matchless Beauty. Showers of fire made brilliant the spec tacle of matchless beauty and peculiar' charm with which Portland people are familiar, and that never fails to charm the visitor who beholds It for the first time. Involuntarily, there were outbursts of ap plause as particularly pretty pieces were ignited to Illumine the waters, over which glided launches and splashed the oars of gondoliers, all of the craft being at the disposal of the guests during the hour. Merry laughter broke ever and anon upon the nlKht air, and those who came back to seek the dining-room after a trip across the water spoke ecstatically of the de lightful view had of the marvelous setting of night at the Exposition. It was after 10 o'clock when the hosts and hostesses of the evening led the guests Into the dining-room, and more than an hour later when the last of the guests had finished the repast served with daintiness and freedom from confusion, notwithstanding that seven score waiters were necessary to perform the work. From 11 to 12 o'clock, the theater of en joyment was removed from the American Inn to the other side of the west arm of the lake, where the throng filled the vast auditorium and adjacent wilks to witness a special performance of Klmlfy's "Ven ice." There were unusual lighting effects, additional fire, and the gondoliers under the shadow of St. Mark's and the Cam panile sung with sweeter cadence as their craft glided before the assemblage repre sentative of the Nation's advancement for tho benefit of the whole race. The men of research were Just like other vis itor In the manner of evincing their en joyment, and the production was evidently appreciated as a spectacle surpassing any thing they had anticipated. -Special cars of the Portland Consoli dated Railway Company were In waiting outside the gates to convey the visitors to their respective hotels and homes. It was an occasion that will go down as one of the great social functions In the annals of 1H6 at Portland's Exposition, and be remembered by the visitors for Its bril liance. French-British Naval Festivities. BREST. France. July 11. The fes tivities Ir nonor of the. United French and Brltljh squadrons are proceeding amid great enthusiasm. The squadrons of the two nations are elaborately dec orated with flags, presenting an im posing .spectacle. The French Admiral entertained- the British Admiral at a luncheon at noon One hundred covers were laid and the toasts expressed the cordiality of the two countries toward each other. SHE MOURNS HER JEWELS Mrs. Oclrlchs Finds Diamond Tiara and Other Trifles Gone. NEWPORT, R. I., July 11. When Mrs. Charles Oelrlchs returned to her cottage here tonight, after an absence of two hours, she discovered that Jew elry valued at $ 10,000 had been taken from her dressing case. The Newport police were notified of the robbery. Among the Jewels lost are a diamond tiara and several pearl and diamond ornaments. It is said that entrance was gained to the cottage through a window In the south part of the house. During the period of Mrs. Oelrlch's absence ijyee servants were the only known occu pants of the house. The jewels, with their paste duplicates, lay on a dressing case in Mrs. Oelrlch's chamber. The Imitation Jewels were nottaken. MOONSHWERSfsHOW FIGHT - They Offer Desperate Resistance to Posse In Kentucky. U.-l MAYKIh'G. Ky., July 11. A desper ate battle between moonshiners and Federal officers was fought In the Elk horn district today. Al Brlttin Potter, Deputy United States Marshal, led the officers in the raid. On a lonely mountain the moonshin ers, under the leadership of Calvin Centers, opened fire on the officers. For half an hour the battle raged. Centers was killed and Henry Adams fatally Injured. A man named Tucker received a dangerous wound. It is said that one officer was shot in the battle. EDICT IS SET AT NAUGHT Drivers of Delivery Wagons Ignore Order to Strike. CHICAGO. July 11. Tn spite of the edict of the Teamsters' Joint Council, the baggage and parcel delivery driv ers refused to strike today, although their employers made deliveries to the boycotted houses. The defiance of the Joint Council will be persisted In. and no strike of the employes of the city express companies will be called. The Chicago Cartage Company, which was organized by the city express com panles. made the deliveries, which the Joint Council tried to prevent. No ob jection was made by the union drivers. Explorers on Hudson's Bay. ST. JOHNS, N. F.. July 11. The .whaling schooner Neptune sailed today to embark the Canadian party on Hudson's Bay. She will be In the north three years, he steamer Erlck sailtrf for Sydney -with, coal supplies and a crew for the steamer Roosevelt, which will Join her there. The rival expeditions of Mrs. Hubbard and Dillon Wallace started from North west River Into the interior of Labrador on June 23. Mrs. Hubbard leading by four hours. CONTENTS TODAY'S PAPER The Weather. TESTEROAT'S- Maximum . temperature. 72 des.: minimum. S3 dec. TODAY'S Fair and warmer; northerly winds. The War la tbe Far East. Preparing- for the peace conference. Page 5. Japanese politicians propose high terma .for peace. PaK 5. Another victory for Japan on Sakhalin Pate 5. RnMls. Prefect of police of Moscow shot dead, rase 3. Black Sea fleet th'reatens mutiny becatm Potemkln crew la Imprisoned. Pace 3. Plan of national assembly presented to Czar. Pare 3. Fatal riots in Warsaw. Pace- 3. Foreign. France formally accepts Invitation to Morocco conference. Page 4. Germany will build porta In Morocco opposite Gibraltar. Pare 4. Danlm Prince offered crown of Norway. Psxe 4. Fight on church separation In French Sen ate. Pare 5. Great mine disaster in Wale. Paye 3. National. Roosevelt appoints special commission to Ven ezuela. Pace 5. AttorneyGeneral takes up cotton report scan dal. Page 4. President confers with Senator Knox. Pajre 3. Scheme for which Wallace left Panama Canal. Pajce 8. Toll tics. Many Mllwaukee'offlclala Indicted for bribery. Pace 4. Governor Folk if aks on crafting- In Ne braska. Pace . Mayor Weaver trying to force indlclmmt of political leader. Pace 4. Domestic Scott rperial train beat record to Chlcaco. Pace Tale may call on Depew to resign on account of Equitable scandal. Page 1. Expore of rebates patd to Harvester Trust. Pace 1. Steamer runs down yacht on Hiifiwn and crew flee.. Pase 1. Southern capitalist commit suicide because of huge short's se In account. Page 1. Elks elect grand officers. Page 4. Pacific Costs t. Mount Hood Is stormed on two eldes by Ma- zamas. Sierras and Appalachians. Page 6. H. H. Turner and A. T. Kelllher arrested at Salem on perjury charge. Page 6. I. R. Cornell indicted by Federal grand Jury for land frauds In Idaho. Fage 0. Seven candidates for Congree from tfc Flnrt Oregon District. Pce 6. Pport. Pacific Coast scores: Portland 4, Tacorea 1; Oakland 3. Lo.Angels 1; San Francisco 4, Seattle 3. Pace 7. Portlaad and Vicinity. Judge Bennett'- cross-examination In William-, ton case rouses Ire of wltnem. Page 1. Box order Is far-reaching. Page 18. Chautauqua Assembly hsv Interesting day. Pare 14. Two thousand medical delegates meet. Pase 10. Spicy testimony in Suesa dlrorc suit. Pace 0. Methodlit Congresw begins Its work. Pag t. Brilliant reception and fet at the- American Inn In honor of the visltlnc physicians. Page 1. Lewla and Clark Exposition. Admissions. 18.178. Pase 10. Twenty-five cent rate to Exposition In v. nlngs conceded to meet demand of conces sionaires Page 10. Congress will be aked to enact pure-fool law by Food " and " Dairy Convention; Page 10. Men ho originate catchy ideas . for sdrer tlscments begin convention. Page 10. DEPEWS DEEDS S Connection With Equitable V May Cause Removal From Yale Corporation. CALL ON HIM TO RESIGN Whole University Feels Discredit Brought On It Ryan Reaches Out to Capture Other Fi nancial Interests. NEW HAVEN". Conn.. July 11. (Spe cial.) The disclosures made regarding the connection of Chauncey M. Depew wun the Equitable Life Assurance Society have deeply shocked Tale men. because Depew is a member of that sedate body. the Yale Corporation ot university trus tees, and, although the coruoration last month swallowed a million of Rockefel ler's "tainted money," the revelations about Depew are likely to stick In their throat. A stout clamor went up today for Depew'a resignation from the Yale Cor poration. It Is practically certain that. If he does not resign, he will fall of re election next year. The prevailing Yale sentiment In the matter is voiced tonight In the following editorial In the New Haven Evening Register: "Every Yale man feels the discredit of Depew's behavior, for repeatedly they have elected him to the Corporation and cheered "him when misunderstanding him. His alma mater gave him the degree of doctor of laws. "When his term expires next year, unless he voluntarily retires. It will be necessary to remove him from the board of control. He should bexln now to plan for an escape? from that humiliation." RYAN GETS ANOTHER COMPANY Buys Control of Washington Tjlfe With IievI Morton's Aid. NEW YORK, July 11. The Evening Post today says that Thomas F. Ryan In addition to hi? purchase of the Hyde stock of the Equitable Society, also con trols, with his associates, another life Insurance company. It says: "Since January 1 of the present year the affairs of the Washington Life Insurance Company have been managed entirely In accordance with the desires of Mr. Ry?n and others who were associated with him in the Equitable purchases. From the time mentioned it has had as presi dent a former official of the Mutual Life Company, who was given 'leave of ab sence for three months by President Mc Curdy of the Mutual when It was ex plained where he was to go, and by a vlce-presldent who happens also to be a vice-president of the Morton Trust Cora pany, which, to say the least, has Mu tual Life affiliations. "In February last general attention was attracted to the affairs of the Washing ton Life by the report made to District Attorney Jerome by State Superintendent of Insurance Hendricks, who declared that the mismanagement of its affairs bad been simply Incomprehensible. "One of the first discoveries made by the investigators was that the company not only was Involved to the extent that its surplus was wiped out. but Its capital stock was Impaired. However, under Its charter It was possible for the capital of the company to be Increased to $500, 000. and this was done, the company thus being given $373,000 worth of stock to offer for sale. The Increased stock was offered for sale at $200 a share, but no purchaser ap peared. Continuing the Evening Post ays: "It was when things were In this con ditlon that Levi P. Morton, one of tne oldest directors of the Washington Life, requested an option on the control of the stock (the existing $125,000) at par or $30 a share. A a director Mr. Morton, presi dent of the trust company that bears his name and of which Thomas F. Ryan is vice-president, knew exactly what the details were which had been disclosed by the Insurance department's examination. With this knowledge he made his offer during the month of December, and al most Immediately the offer was accepted and the resignations of the executive of ficers of the company were placed In his hands, and later those of the Equitable officials were placed In the hands of Paul Morton. "On December 30 an offer was made by Mr. Ryan and associates for the purchase of the $375,003 worth of new stock for $35,250. Of this amount Thomas F. Ryan contributed $215,750: Levi P. Morton. $21$, 750 and Harry Payne Whitney, another director of the same company, $21S.750. By noon on the same day, the sale hav Ing been ratified, the money was de posited with the company of which Mr. Ryan Is vice-president. Th usual deposi tory of the Washington Life has hitherto been the Chatham National Bank. "The company had balances In four New York banks of over $1,000,000 at the end of December, 1904. or nearly 17 pr cent of all Its assets. Shortly after- tho purchase by Mr. Ryan and his associates of the new stock the bulk of this sum was transferred to the Morton Trust Company. "Having thus secured the control of the company through the new stock. Mr. Ryan Immediately exercised the option given to Mr. Morton respecting the pur chase at par of the Brewer stock, which formerly had controlled the company. "Owing to the connection which the Morton Trust Company hap with the Mutual Life. It was perhaps not surpri? Ing that Mr. Ryan should have looked In that direction when he came to choose a president for his new concern. He pick ed out then John Tatlock, associate act uary of the Mutual Life, to whom Presl dent McCurdy promptly gave a leave of abeence for fO days. For vice-president he chose Charles F. Allen. ex-Governor of Porto Rico. Mr. Allen was then and Is now the vice-president ot the Morton Trust Company." WOULD .REGULATE INSURANCE Odell Would Cut Off Subsidiary Com panics and Restrict Investments. NEWBURG. N. Y.. July 11. Ex-Gover nor Odell. upon being asked whether he had seen the evidence secured by Superin tendent Hendricks in the Equitable mat ter published In the New York World to day, replied that he had. When his at tenilon was directed to an editorial in HOCK ME MEN the same paper, he said that any Infer ence that he had been concerned In the preparation of the report was absolutely withqut foundation. Continuing, he said: At a. meeting' with the Governor In Albany Just prior to the preparation of his measago to the extra session of the Legislature, this subject was discussed. I believe that ths people expect legislation which will remedy the existing- evil- and restore the confidence of the policyholders who have so muca at stake. My observation has led me to believe that tho connection of the Equitable Life and other -insurance companies with subsidiary corporations, such as trust companies and banks, la dangerous, and that a necessity exists for a divorcement between the: In terests. Then the connection ot Insurance offices with other institutions leads them to disre gard the obligations which are Incumbent upon them as officers of Insurance companies for the purpose of advancing the interests of such other companies and syndicates, through which reat estate and other speculative schemes are worked, and I believe that legis lation should be framed and enacted to pre vent such, acts on tbepsrt of insurance of ficials In the future. Further, It seems to me that the scope of Investments should be regulated and restrict ed. There is no reason why Insurance com panies should not be safeguarded In the same, or a similar manner, oa savings banks. I am confident that. If Insurance investments were restricted and safeguarded, there would come a great volume of money for legitimate real estate investment, and it would be Im possible for- a loss to occur to the Insurance company, such as the so-called Depew land Investment oi the Equitable Lite. I believe further that It would be a great mistake on ths part of the Republican or ganization and the majority In the Legisla ture to refuse such relief as seems to be demanded by the present condition ot affairs In the insurance world. ALL VACANCIES ARE FILLED Equitable Trustees Select Men for Directors Tarbell Retains Office. NEW YORK, July 11. A sufficient num ber of directors to carry on the business of the Equitable Life Assurance Society after filling all the vacancies were select ed today at a meeting of the three trus tees of the majority stock. The names will not be made public until after they have been presented to the board for for mal election. Much comment was caused by the pub lication of the testimony taken at tho Investigation by Superintendent Hen dricks. Ex-Governor Odell, In an Interview at Newburgh, stated that he had seen none of the evidence until its publication, and offered important suggestions for reme dial legislation at the present extra ses sion of the Legislature. That the services of Second Vice-Presi dent Gage E. Tarbell will be retained was announced by Chairman Paul Mor ton. who declined to discuss the disclo sures In the Hendricks report. No official copy of the testimony has yet reached District Attorney Jerome, in spite, as he said today, of efforts on his part to secure a copy. Mr. Morton also said that the resigna tlon of Archibald Haynes, local agent of the Equitable, will not be accepted. RUN DOWN YAGHT AND FLEE CREW OF UNKNOWN STEAMER SHOWS COWARDICE. Learning That None Survive, 3fen Hurry Away by Train Three Persons Are Drowned. NEW YORK, Ju.ly 11. Police head quarters received Information tonight that an unknown yacht had been sunk off Dobbs Ferry by; a steamer flying the Swedish flag. It was learned tnat about 9 P. M. a small yacht, brilliantly llumlnated, anchored off a Jock at Dobbs Ferry and had hardy stopped when this 3teamer ran Into It. Tho lights on both went out, and the yacht turned turtle and sank. Fifteen minutes later three men rowed In and asked If any survivors had come ashore from the sunken yacht. Upon learning that none had come ashore, tho three men pulled their boat up on the beach and took a train for New York. They declined to say who they were or give the name of their steamer and. after they had taken the train, their boat con tinued up the river. The Dobbs Ferry pilot reported that several persons were drowned. Another version of the story Is that the vessel sunk was a houseboat and that the steam- which ran her down was a. yacht, some of the members of the crew of which came ashore to make Inquiries nnd then took a train to New York. th vessel from which they came proceeding down the river. Owing to the darkness It was impos sible to determine definitely the char acter of the boat whloh was sunk. Whether any lives were lost Is un known. A man who said his name was, Budd reportod at the Yonkers Police Sta tion tonight that the launch Norman dle, owned by a man named Dumont, of Brooklyn, had been run down by a tramp steamer near Dobbs Ferry whlle on her return from a trip to Peekskill. The pilot, engineer and a woman are missing and are supposed to hav been drowned. ALL BRIDGES WASHED AWAY New and Salton Rivers Spread Over the Valley. CALEXICO. Cal.. July 11. The flood sit uation here Is serious, but improving. Both the New and the Salton Rivers have spread In great streams over the valley. There has been much damage to crops, ditches and other property. No publiq bridges are left in the alley and the water Is about one foot below the Southern Pacific Railroad tracks. The railroad company Is placing- 20.000 sandbags to protect the track and Is oiling the water to stop Its dashing against the embankment. Considerable grain has been destroyed In the fields and some people have -been driven from their homes. The danger appears to be past as the water seems to be receding though still threatening at Salton Sink. Action in Illinois Postponed. CHICAGO. July 11. United States Judge Bethea yesterday postponed bank ruptcy proceedings in Illinois against C. J. Devlin, head of the First National Bank of Topeka, Kan., until It was shown that Devlin owns stock in Illinois coal mines, and an attempt will be made to have the same receiver appointed as In Kansas. BIG REBATES Pi HARVESTER TRUST Discontented Stockholder Ex poses Operations in Suit for Accounting. MILLIONS PAID ILLEGALLY Rodney B. Swift Shows How Rail roads Evade Law and Exposes Enormous Profits Made by Company and Agents. ' CHICAGO. July 11. Another attaclt was made this afternoon upon the Inter national Harvester Company by Rodney B. Swift, formerly head of the experi mental department of the McConnlck branch of the company. Swift's connec tion with the company was severed some months ago and suit commenced against him by the officials of the company, who alleged that he had defrauded them In the sale of a patent. In his bill filed this afternoon, Swift, as a stockholder, demands an accounting from the company and that the court force the company to cease taking re bates from railroad companies, and also compel the company to return to the rail roads moneys said by Swift to have been illegally exacted from the railroads la the past. Millions in Rebates. Swift declares that tjp to September SO, 1902, the McCormick branch of the har vester company alone forced the railroads to pay It, through rebates and the opera tion of the Illinois Northern road, a sum in excess of $3,000,000. Up to the same date the money received In rebates by the Piano branch of the harvester com pany through the agency of the Chicago. West Pullman & Southern Railroad amounted to $500,000. Since September 30. 1902, It is declared, nine other railway companies have been making payments ot rebates to the International Harvester Company, under the guise of an alleged division of freight rates with the Illinois, Northern Company. Swift "asserts thp.t the alleged Illegal rebates made to th,e International. Harvester Company sines 1902 amount to more than $1,000,000. Fat Profits in Business. Swift goes into the details of the or ganization of the International Harvest er Company, declaring that shortly after Its formation an arrangement was made among President Cyrus H. McCormick. Charles Deerlng, George W. Perkins and William G. Lane to the effect that all of the stock of the International Company should be put In charge of the first-0 named three men as trustees for voting purposes until 1312. Swift demands that the voting agreement be terminated by the court. It Is furthe declared in the bill that the business of the International Har vester Company 13 of an extremely prof itable nature. He asserts that harvesting machines can be produced and delivered by the company for $57; tho company re ceives $85 for them from agents, who In turn sell them for $125. Swift says that all his demands for an examination of the company's books have been refused. GOVERNMENT READY TO ACT Will Prosecute Railroads for Grant inp Rebates This Week. CHICAGO. July 11. Plans for the proa- ecution of railroads for the granting of rebates to large Industrial individual cor porations in violation of injunctions is sued by the Federal Courts here and In Kansas City, have been completed and the first steps In the attack of the Gov ernment will be made In Kansas. City before the end of this week Assistant Attorney-General Purdy, who has charge of the prosecution, left here tonight for Kansas City. He announced that the first proceedings would be charges of contempt ot court for the violation of the injunction ot Judge Philips of Kansas City. LEAVES HUGE DEFICIENCY FORMER HEAD OF COTTON OlTj COMPANY TAKES POISON. Property Is In Receiver's Hands and Rumor Says Shortage of Seven Hundred Thousand Exists. CHARLESTON. S. C. July 11. A spe cial from Darlington tonight says that R. Keith Dargan. ex-president of the Inde pendent Cotton Oil Company and the Darlington Trust Company, committed suicide about S o'clock by drinking car bolic acid. He left a note which the Coroner has taken, in which he mentions financial troubles and states he Intended to kill himself. The oil company was capitalized at $1,000,000 and it la rumored that the de ficiency may reach $700,000. The properties are in the hands of re ceivers and startling developments are anticipated. Blgelow's Debts and Assets. MILWAUKEE. Wis.. July 11. The ap praisers of the assets of F. G. Bigelow made a partial repprt today. The real es tate, stocks and bonds appraised cover the greater part of the assets. The total appraised value Is $2S3,W4. while the claims which have been filed and approved foot up $2,191,963