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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 18, 1905)
VOL. XLV.-'0. 13,918.
PORTIiAOT, OREGON, TUESDAY, tTULY 18, 1905.
PRICE FIVE CENTS.
IE IS INNOCENT
Denies Entering Plot
to Suborn Perjury.
KEPT NO TRACK OF GESNER
Never Consulted Him About
KNEW HE LOANED MONEY
Defense Makes Bitter Objections
When Judge Shuts Out Testi
mony Regarding Defend
ant's Good Character.
After the counsel for the defense places
several witnesses on the stand this morn
ing to show that the timber claim of
Marion R. Biggs, one of the defendants
In the trial of Representative Williamson
and Dr. Gesner, was valuable for timber,
all of the e'idence will have been laid
before the Jury- By refusing to permit
the defense to place on the stand a long
list of witnesses to prove the good char
acter of the three defendants. Judge
De Haven shortened the trial and for the
next few days the courtroom will be
ringing with the voices of the attorneys
making their argument to the Jury.
Judge De Haven excluded this testi
mony because he did not think it material
after being assured by the District At
torney that he would otter no evidence to
the contrary. Judge Bennett and At
torney Wilson, however, were Insistent,
but Judge De Haven stated In positive
terms that he would not permit the time
of the court to be taken up in listening
to such testimony. Both attorneys for the
defcpse.were on their feet endeavoring to
get permission to call Senator Fulton. C.
B. S. Wood, Judge Bradshaw and a host
of others. His Honor would not listen
to tbe, proposition, and Anally announced
In a threatening lone 01 voice
Thn rmirt rules- that inasmuch as
ITnlted States District Attorney
stated that he will offer no evidence
against the character of these defendants,
ho will not permit the time of the court
to be taken up in hearing the witnesses."
Still the counsel for the defense were
Insistent and finally, so that the names
of the witnesses might become a part of
the records. Attorney Wilson was per
mitted to read their names. While the
court and Wilson and Bennett were hav
ing their tilt. Mr. Heney. after he had
been asked by the court whether he was
going to offer contrary evidence and had
assured him that he was not, quietly re
marked: "I am willing to admit that the defend
ants would not steal from anyone but
the Government." It Is not known
whether this reached the Jury's ears, but
it did not escape the cars of Attorney
Wilson, who. for a second, looked as If
he would call the court's attention to the
Williamson Takes the Stand.
Yesterday morning Representative Will
iamson' took the stand in his own behalf
and declared to the Jury that he was In
nocent of the charge of conspiring to
cause certain applicants for Government
timber land to commit perjury. He was
inclined to bo combative under cross-examination,
but District Attorney Heney,
apparently had no desire to press the
witness to the point where he would lose
his temper. During the direct and re
direct examination, Representative Will
iamson frequently turned full upon the
Jury and delivered his evidence at various
times directly at the 12 men who will
later pass In Judgment upon him. Natur
ally his testimony was the feature of the
day, and while he made a good witness
for himself Mr. Heney nevertheless got
admissions from him that tended to show
that he knew that Dr. Gesner was making
loans to en try men. The most damaging
bit of evidence with which the Govern
ment confronted the witness, was the
register of the Pointdexter Hotel.
Dr. Van Gesner and Marion Biggs had,
both testified that Representative Will
iamson had not been In Prinevllle In
June, 1902. Other witnesses had stated
on the stand that he was not only In
.Prinevllle. but that they had talked with
him. Representative Welliamson had Just
stated that, to the best of his knowledge,
he had not "been In Prinevllle in that
month, but thought It was in July he was
there. Then District Attorney Heney
called for tho Pointdexter Hotel register
and turning to the page bearing the date
of June 15. 1902. asked the witness if the
name John X. Williamson, written upon
the register had been written by him and
if it was his signature. Representative
Williamson replied that the writing
looked like his, but .that the signature
was not his own. The witness then stated
that he did not believe he was in Prine
vllle on that date, but he was -not pre
pared to swear that he was not there.
This was a strong point In the Govern
ment's favor. The Government has con
tended that Representative Williamson
was in Prinevllle. some time before the
filing on the timber claims, upon which
Dr. Van Gesner lent the firm's money,
and knew Just what Dr. Van Gesner and
Marion Biggs were doing. This had been
denied by counsel for the defense.
Throughout the entire trial It has been the-
apparent desire of the defense to show
that Representative Williamson knew
little or nothing of the methods that Dr.
Geoner was pursuing toward lending
woaey to entrymen. Although & auatfeer
ot wltacccog have testMed that fee was
present at the sheen-shearing pens when
the various entrymen assembled there be
fore being directed to the claims upon
which they were to file. It was not until
District Attorney- Heney produced the
hotel register and Representative Will
iamson admitted that perhaps he had
made the remark credited to him by a.
witness, that he (Gesner) had better let
the witness write the numbers of certain,
claims, "because no one could read Dr.
Gesner's writing when it got cold," that
the fact of his presence was established.
Representative Williamson said that he
thought such a remark characteristic of
him, but would not swear that he had
Questioned About the Claims.
District Attorney Heney sought to ques
tion the witness regarding the claim that
he filed upon at the time Dr. Gesner,
Marion Biggs and others filed upon land.
He also tried to get from the witness,
testimony regarding the claim of Dr.
Gesner and also something in regard to
the school lands that Boggs is said to
have secured for the firm of Williamson
& Gesner. Judge Bennett objected to this
and he was sustained by the court. Judge
De Haven ruled that he could ask the
witness about the claim that Biggs had
taken up and he was questioned very
closely regarding the timber on the Biggs
claim. He was also asked some very
pointed questions about the claim of Mrs.
Williamson. Mr. Heney asked the wit
ness whether It was the firm's money
that Mrs. Williamson used when making
the filing, or whether It was her own.
Representative Williamson very prorapjjy
stated, with some show of resentment,
that Mrs. Williamson had money of her
own before he married her. was in
terested in the firm and still had money
of her own.
Judge Bennett conducted the examina
tion of Mr. Williamson. He stated that
he was a native of Oregon, and that he
was 47 years of age. He testified that he
was a member of the firm. Judge Bennett
asked the witness if he knew Crane, who
had testified that he had talked with him
In Dr. Gesner's office In Prinevllle, and
had read a portion of .Secretary Hitch
cock's report during that conversation.
Mr. Williamson said In reply that he had
never seen Crane until he sat upon the
witness stand, and that he had never met,
until three months ago. Campbell Duncan,
another witness who had stated he bad
talked with the defendant. He was asked
when he first learned that his partner
was lending money to the entrymen, and
he said that it was some time in July,
1902. He explained the part he took In the
survey by saying that he had not seen his
sheep for over a year; that he had learned
they were bothered with the "scab," and
that he went to the ranch to sec how
they were getting along, and while there
he went along with the surveying party.
In concluding the direct examination of
the witness. Judge Bennett asked him If
he had ever conspired with any one to in
duce them to get anybody to commit
perjury, and he said: "I most assuredly
Admits He Borrowed Money.
On cross-examination Mr. Williamson
admitted that he hail borrowed money for
Dr. Gesner. and that he knew that a part
of It was used to make the loans to the
entrymen. The witness was asked If he
knew Edward Barncp. a timber cruiser,
and whether he had had any bargain with
him over the sale of some of the claims
that Gesner- had lent money on. The
witness denied that he had any trouble
with Barnes. He admitted that he might
have said to Barnes that he was willing
to sell if Gesner was. The testimony of
Representative Williamson was concluded
at 11:40. and the defense called J. H.
Haner, a timber cruiser. Hancr looked
as if he had a whole lot to tell, but Mr.
Heney objected to the first question put
to him. The objection was sustained.
and Haner was very promptly .chased off
the witness block. Arthur Hodges, a
Prinevllle merchant, also testified. He
gave evidence about the good character
of the defendants, and stated that at one
time the firm of Williamson & Gesner
owed him $20,000. This amount had been
paid back with the wool which came from
the last shearing. Mr. Heney brought
out the fact that Hodges had married a
niece of Dr. Gesner.
In rebuttal, the Government placed upon
the stand W. H. Cadlc and D. F. John
son, former owners of the ranch upon
which Williamson and Gesner are running
their sheep. They testified as to the char
acter of the timber on the claims taken
up by Biggs, and were positive that the
land was more valuable for grazing pur
poses than for the timbor. W. J. Mitchell,
the special agent who overheard the con
versation between Dr. Gesner and J. S.
Cooper, when Dr. Gesner is alleged to
have said that the witnesses "knew what
side their bread was buttered on." was
also called, but excused immediately by
Mr. Heney when the Judge suggested that
such testimony might vitiate the verdict.
WILLIAMSON 3 LAKES DENIAL
Declares He Never Entered Conspir
acy to Suborn Perjury.
When the Federal Court was convened,
yesterday morning. Judge D Haven an
nounced that he would overrule the de
murrers In the Stelwer. the Watson and
the Hendricks case, these being cases
charging conspiracy, in which the defend
ants W. W. Stelwer, Charles Watson and
H. H. Hendricks demurred to the indict
ments returned against them.
The defense In the Williamson case then
continued by calling J. X. Williamson to
the stand In his own and the behalf of
his brother defendants. Mr. Williamson
testified that he had lived in Prinevllle
since 1S76. and that for a great part of
the time had been engaged In the sheep
business there. He had heard the testi
mony of Duncan. Gaylord and Craln. the
three witnesses who had stated that they
met him In thc,offlce of Dr. Gesner when
he was reading a paper, and that he had
at that time said Hitchcock was mad and
the claims roust be relinquished. The wit
ness stated that he had no knowledge of
Gaylord at all, and did sot know the
man, and had never seen him until he
took thestand at the present trial. Craln
had sometimes come into tho office, and
It was possible that he might have been
In there as he testified he had. He re
membered having seen Duncan two or
three months ago. but never remembered
having seen him in his office. Neither
dM the witness remember having read a
newspaper article relating to, the land
frauds to any of the witnesses. Mr. Wil
liamson stated that be had no remem
brance of having met Duncan on the
street while with Gesner.
"Do you remember having seen Watkins
in the timber white you were there, as he
has testliedr Judge Bennett asked the.
witw. &4 he Mid that he did.
"He testified that you wrote fcin num
bers far Un la Ms book- Did you do Kr
FLEE! WILL MIL
Japanese Hope to Capture the
'Fortress Before Envoys
ARMY tfAS ALREADY LANDED
Invcstxgpt by Sea and Land Will Be
Pushed Oyama Will Keep
Linlcvllch Too Busy to
Go to Keller. '
TOKIO, July IS. (Special.) Judg
ing from the activity at present being
displayed at the Navy Department. It
seems certain the Investment of Vladi
vostok can be expected before the end
of this week.
All arrangements are known to have
been completed, and it is reported, evi
dently upon the best authority, that
Admiral Togo's entire fleet will sail
from Sasebo before nightfall. In ad
dition, an army of invasion, which was
landed from transports in Peter the
Great Bay very recently, is already
moving to complete the investment by
land. Since June 1, 50 ocean-going'
foreign steamers have been placed un
der the Japanese flag, laden with am
munition and supplies, and will ac
company Togo's fleet.
It is the hope of tho Japanese gov
ernment that Vladivostok will be taken
before the peace envoys land on United
States soiL With this object In view,
nothing Is to be left undone to make
the campaign, as planned, brief and
eminently successful. -
It is known that Marquis Oyama's
forces have succeeded In investing the
Russian lines commanded by General
Llnlevltch. so that the latter will be
unable to withdraw any portion of his
forces to rescue the beleaguered city.
Japanese soldiers are now north of
the Sungarl River and can be expected
to co-operate" with the force that will
Sakhalin Is Fully Occupied.
LONDON. July 17. The correspondent
of tb Dally Mail at Hakodate, Japan,
says that the Japanese have poetically
completed, the occupation of the 7land
of. Sakhalin- aMranr-ersaznsing a gov
ernment. The "Shanghai correspondent of
the Standard says that the .Japanese
have landed on' Sakhalin a force of light
Infantry and SCOi coolies.
Japan Lends Money to Corca.
TOKIO. July 17. The Corean loan of
51.OD0.OW was oversubscribed four times.
It was the first foreign loan ever floated
Will Float Port Arthur Ships.
TOKIO. July 17. It la expected that the
Russian warships Pallada, Poblcda and
Poltava, sunk at Port Arthur, will soon
RIDES LIKE PAUL REVERE
WYOMING DOCTOR HURRIES TO
AID OF INJURED MEN.
Man pled by Explosion, Their Lives
Are Saved . by Breakneck
Speed of Richards.
MEETEETSE. Wyo.. July 17. In
orier to renJer all aid In his power to
save the lives of four men Injured in
an explosion at the Kirwln gold mine
near here. In which three other men
were killed. Dr. Richards, of Thermopo
lis. rode 109 miles over the mountains
at breakneck speed, arriving In time to
Jay tc accomplish his purpose. The ex
plosion was caused by miners drilling
Into a missed snot.
The three men killed -were: M. A.
Chubb, shift boss; William Goss -and
James Miller, miners. Four others
were seriously Injured.
When the explosion came, there was
no help within call nearer than Ther-
mopolts. 100 miles ta the southeast, but
Dr. Richards at that place responded
over the telephone that he would ride
to the best of bis ability. He made the
mountainous distances in a little less
than 11-hours with four relays, ranch
men along the route supplying him with
POISON USED BY REBELS
Many Workmen Die at Tlflls for
Not Joining Terrorists.
ST. PETERSBURG. July 17. The Offi
cial Messenger reports an attempt to
poison a number of railroad workmen at
Tlflls because they resisted revolutionary
Intrigues. The paper says that arsenic
was placed in a boiler from which the
workmen made their tea. Many.of the
men became 111 and many died.
ZEMSTVOISTS MAY YET MEET
Appeal to Governor Likely to" Obtain
MOSCOW. July 17. It is probable that
the all-Russian Zemstvo congress will be
allowed to meet without police interfer
ence. A deputation of the executive com
mittee of the Zesascvolsts called on Governor-General
Gosloff today and report
ed to nwa mat in summoning tbe coacress
It ww ofeey!g the "baocrjal wilL It was
cauea so tt te reoort or the eputa-
tle ot tfee wn(f(u mcmtm toy ta Xm
peror might be coBsraunicated to the
ZemstroUts throughout the empire.
The Governor-General said he. ad al
ready sent to St. Petersburg their de
mand that permission to hold the con
gress be given, and explained that, when
a detail of police endeavored to disperse
the meeting of the executive committee
yesterday, the action was taken without
his permission. The congress la called
for Wednesday next.
MUTINEERS KILL OFFICER.
Part of Regiment Rebels, bHt Is Sab-
ducd and Imprisoned. x
LODZ, July 17. Part of the Ekaterin
burg- regiment, stationed here, mutinied
today and killed an officer. The muti
neers were arrested.
Owing to the state of siege the citizens
of Lodz are compelled to contribute $1500
dally towards tne maintenance of the
troops here. '
BOMBARD SAKHALIN VILLAGE
Japanese Continue Their Attacks on
ST. PETERSBURG. July 17. General
Llnlevltch. under date of July IS. reports
that the Japanese" on July 14 were bom
barding Nalbuchl. on the southeast coast
of the Island of Sakhalin.
Still on Warpath at Warsaw.
WARSAW. July 17. A sergeant of den
tcctlves was shot and killed here today
by an unknown man. A patrol of Infan
try, while pursuing the assassin, fired a
volley, killing a merchant.
OREGON MAN IS SURGEON
Peary Takes Dr. Wolff to Arctic.
Passes Through Boston.
NEW YORK. July 17. Duplicate parts
of the delicate scientific Instruments to
be used by tho Peary expedition In search
for the north polo were placed aboard the
steamer Roosevelt before It sailed Sunday
from this port. Triple sets of nautical
instruments also were taken along.
Dr. Louis J. Wolff, of Silverton, Or., was
chosen as surgeon of the expedition. He
is 35 years old and a graduate of the Col
lege of Surgery in San Francisco of the
class of 1SXL Until recently Wolff was
connected with the outdoor deportment of
BOSTON, July 17. Robert E. Peary, the
explorer, arrived in Boston today from
New York and soon afterwards departed
for Sidney. C B.. where he will Join the
steamer Roosevelt. In which he will at
tempt to reach the north pole.
Remits Fine oa the Roosevelt.
NEW YORK. July 17. The J300 fine
levied against Robert Peary's new ship.
the Roosevelt, which sailed' yesterday -on
her North Pole voyage, wiUnot baM to
be paid, according to an order received
today froq Acting Secretary Garfield, of
the Department or commerce ana iaoor.
The Roosevelt was fined for leavlnr Port
land. Me., recently, without proper pa-
was given before the vessel could leave
New York. Mr. Garfield direct? the local
collector to refrain from prosecuting the
enforcement of the law.
CONTENTS TODAY'S PAPER
YESTERDAY'S Maximum temperature,
deg.; minimum, 53. Precipitation, none.
TODAY'S Fair and warmer. Northerly
War in the Far Eoat.
Japanese fleet and army it art to besiege.
Vladivostok. Face 1.
Conquest of Sakhalin complete Face 1.
Wltte tells about peace policy. Pace 2.
Rebels In Caucasus poison opponents. Face 1.
Mutinous Russian soldiers kill officer.
Balfour suffers rebuff In Parliament. Face 3.
King Oscar talks on Norway's action. Face 4.
European nations agree to stop-white slave
trade. Pace 5.
Two engineers to. have charge of Oregon
rivers and harbors. Page 1.
Root advises Weaver" to prosecute . Phlla-
aeipnia Dosies. I'ace j.
New York uedslature blunders In case
against editor. Page 3.
Wyoming doctor's wild ride to rescue in
lured miners. Page 1.
Orders glreh Northern Pacific telegraphers
to prepare to strike. Pace X
Chicago labor leaders fear to tell about
singeing of Donnelly. Pace 3.
Intense, heat kills many In the East. Page 1.
Equitable becomes' truly mutual company,
Foolish practical Joker mobbed. Page 4.
Another race riot In New York. Page 1.
Tacoma again wins ball game. Page 7.
Blc urpries at the tennis tournament.
All in readiness for race meet at Irvlngtos.
Americans beat Australians in tennis match.
Msiamas have nragh experience on the way
to climb Mount Rainier. Page 6.
Ellis G. Hughes loses -salt for meteorite
before the Oregon Supreme Court. Page 5.
Oregon guardsmen have one more day at
Seaside. Page 6.
Attempt of man held tor murder to break:
Jail at- Roseburg Is prevented. Page 6.
White Salmon ranchers give right of way
for proposed railroad. Page 6.
Commercial sad Mariae.
Boilers in lighthouse tender explode and
several men are killed. Page 5.
Increased activity and better tone in hop
market. Page 13.
Strong demand for all kinds or fruit. Fags
Firm uadertone to stock market. Page 13.
Chicago wheat market weak from start to
finish. Face IS.
San Francisco Dairy Exchaage being put la
shape. Pace 13.
Review of hop market conditions fey E. J.'
Smith. Page 13.
Steamship Saadhurst rips ash Bets ta the
Columbia. Face 3.
Marcus Talbot is manager o Regulator
Line. Face 5.
Lewis mad Clark Exposttiea.
AdmUsieas. 17,170. Page 1.
Ticket agents hold co Brest tea at 9x?i-
Uoa. Page 19.
rertload ad TlcJaMy.
Procfrelr.gj la the WlttUsBses trial. Page 1.
Coaferrace ot Charities and Cerrectie 41a-
cusses methods oC aMtar aeecy families.
Page 11. x
Ticket scalpers ar arrested. Fag Is.
Frlsea treaty pravea ereked white la the
!teatJary. Face 14.
frMg4 Rattray Csasmlislf ' 'fertegs
.aalaasr saC. carrier ,toceJtMe. .Fag-ejli
FJre-yr-i Way fpl far Mf e fer steeet-
eu-. Fag 11.-J
Additional Officer Will Have
e of Canal and
LANGFITT CANNOT REMAIN
"Will Bo Called East and Appointed
on River and Harbor Engineer
Board Because He Knows
Pacific Coast Rivers. "
OREGONIAX NEWS BUREAU, Wash-
Ingrton. July 17. General MacKenzIe. Chief
of Engineers, today decided to assign
two Army engineers to Oregon when
Major Langfltt relinquishes his post at
Portland and comes to Washington. Ma
jor's. W. Roessler. who has already been
ordered to Portland, will have charge of
the work at the mouth of the Columbia
River, on tlie "Willamette and Lower Co
lumbia rivers, and rivers and harbors
along the. Oregon xoa.sU Some other of
ficer, to be selected, will be given charge
of the construction of The Dalles-Celllo
Canal, and will also .have supervision over
the Improvement of the Upper Columbia
and Snake rivers. General MacKenzIe
takes the view that the construction of
the Jetty at the mouth of the river and
construction of Uui Celllo Canal. Is too
much for one officer to handle, and for
that reason he will divide the work. It
may be several weeks before the officer
Is selected to take charge of the Celllo
Canal and upper-river works.
Protest Against Transfer.
This morning General MacKenzIe re
ceived a telegram from Senator Fulton
strongly protesting against the transfer
of Major Ldngfltt from Portland to Wash
ington, stating that It was the unanimous
desire of the business and commercial in
terest? of Portland that he should remain
until at least the Jetty at the mouth of
the river Is completed. The Senator said
that Major Langfltt had worked out the
details of that project, and was thor
oughly familiar with. It. and would be
able to complete the jetty In less time
than any officer newly assigned.
General M&cKehzie will make answer
staling' that It will b Impossible to re-
voile the order of Saturday, while Gen
era I MacKenzIe regards this protest as i
gre.at compliment to Major Langfltt, and.
while he admits the tatter's unquestioned
ability to complete the jetty in a satis
factory way. he. says that, inasmuch as
the plans are completed. Major Roessler
will be able to take hold of the work and
push it to as speedy and satisfactory an
ending as Major Langfltt. He declares
that the work at the mouth of the river
will not suffer by reason of the change of
officers, especially nn Captain Amos A.
Fries, assistant to Major Langfltt. will re
main .In Portland, and be able to assist
There will be no other changes of en
glneer officers unless it be that Civil
Engineer G. B. Hegardt. who has been
employed on the Jetty, adheres to his In
tention to retire. In which event he will
be succeeded by Civilian Engineer Bagley.
who is equally familiar with the jetty
Langfltt on River and Harbor Board
General MacKenzIe said today that It Is
his Intention to appoint Major Langfltt
on the River and Harbor Engineer Board.
This board passes upon every river and
harbor project that is proposed, and ap
proves or condemns It as its merits de
mand. There Is no member of the board
at present familiar with the work on the
Pacific Coast, and that Is one of the prin
cipal reasons why Langfltt was chosen.
It Is also probable that Major Langfltt
will be called upon neat Winter to act as
Instructor at the Engineer School at
These duties, together with his regular
assignment as assistant to General Mac
KenzIe. will keep him busy. .
September 1 Major M 11115. In charge ot
river and harbor works In Washington,
will be relieved and will go from Seattle
to Manila to assume charge of the con
struction of fortifications In the Philip
pines. His successor has not yet been
Northwest Postal Changes.
OREGOSTAX NEWS BUREAU, Wash
Ington.-July 17. Frank J. Daforth has
been appointed regular and George Lv
Grelner substitute rural carrier, route 2.
at Spangle. Wash.
Edward S. King has been appointed
Postmaster at Lake view. Wash., vice "W.
II. Smith, resigned.
Sacrifice to Railroad Blunders.
. WASHINGTON. July 17. Accident bul
letin No. 15. Just Issued by the Interstate
Commerce Commission, giving an account
of railroad accidents In the United .States
during the months of January, February
and March. 195. shows that during the
quarter 9K nassengers aad 3M employes
were killed, and 11 passengers a ad 3062
employes were injured In train ace!
dents, making la all 3K persons killed aad
2713 njered. in tram acctoeats. other ae
cieeats to passeasers asd essatoyes aat
the resclt of colHsfoas ec derallsasats
briag the total number ot casualties up to
zm killed ana H.Jsi injured;
Canal CommIslR Going to Panama
WASHINGTON. July 17.-Chairaa
S beats, of the Prtwawa Caaal CesamisotoB
Cam SBgtaeer Steveas km Cwoaet O. H.
nt. atoe a mewfeer eC the cammlaglac.
aac ef Its eagMeeriag: commute, will
aaH. for Pa saw a next Thursday.
AseJetaat Engineer ef Canal.
SAX AKTOXIO, Teac, Jaiy 17.-
BiKk., formerly gswrai pnsaeT aye at
( Use NaUf at XMnm f Mexie:
neer Stevens, of the Panama CanaL ac
cording to a telegram received here to
RACE RIOTING RENEWED
Negroes Attack Xevr York Police and
Fusillade Follows. .
NEW YORK. July 13. Rioting between
whites nnd blacks was resumed after mid
night this morning In the San Juan Hill
district, on Sixty-first and Sixty-second
streets, between Amsterdam and west
End' avenues. Many shots were fired and
2ft negroes and one white woman were ar
rested. Policeman David Roche suffered
a fractured skull. Police reserves were
The trouble started when four police
men, passing a saloon tn est sixty-sec
ond street, were Jeered by a crowd of 3)
negroes who were on the stoop. The
policemen turned, and Just then one of
the men threw a brick, which struck
Roche on the head, knocking him sense
less. The other three charged with their
night sticks and were met by a fusillade
Other policemen arrived and a dash
was made into the saloon. In which more
than 20 negroes were found. The negroes
opened fire with revolvers and the tire
was returned by the police. The crowa
fled and was pursued to various houses
In the block.
The police captured Arthur Moody, who
i said to have thrown the brick at
Roche, and 11 other colored men. One of
the prisoners was found to have been
shot, but not fatally.
CLAIMS COAL UNDER RIVER
Government Starts Suit Against Mo-
nongahcla Mining Company.
PITTSBURG, July 17. Sensational
proceedings were Instituted today In
the United States Court under the di
rection of Judge Joseph Bufflngton.
finally to test the right of coal mlnln?
companies to mine coal under naviga
ble rivers. An Injunction was Issued by
the court against officers of the Bes
semer Coal & Coke Company, with
mines near Monongahela City, re
straining the company from mining:
coal on what Is termed Government
property, but which simply means mining-
coal under the river, which, It is
claimed. i3 property of the Govern
ment and canot be taken without spe
cial grant from Congress.
The action Is said to have been in
stituted by the legal representatives
of the Government in this district, but
It Is understood that they have been
urged forward by interested private in
terests. The case will shortly come
to it hearing-.
SENATOR CLARK RALLIES
Doctor Hopeful That In Two Days
Danger Will Pass.
NEW YORK, July 17. Though scarcely
perceptible, what change was noted In the
condition Of United States Senator Clark
was In favor of the patient. Since the
radical operation of Saturday, the Senator
has exhibited remarkable recuperative
powers, nnd has rallied steadily. Should
tomorrow and "Wednesday pass as peace
fully as the preceding days, the attend
ing physicians say that they will have
little anxiety as to the ultimate result.
The Senator rested quietly today, secur
ing considerable refreshing sleep, and
woke from each nap strong and bright.
At a late hour tonight he wa3 sleeping.
Dr. Morris, the Senator's son-in-law, who
has remained near the patient, felt str re
assured today that he left for the country-
Dr. McKernon, who has charge of
the case, called but twice during the day,
once early this morning and again lite In
LOUISVILLE GETS REBATE
Interstate Commission Discovers Dis
crimination In Grain Hates.
LOUISVILLE, Ky., July 17. Evidence of
a sensational nature was offered today
at the hearing which Is being- conducted
by the Interstate Commerce Commis
sion to Investigate charges of Irregulari
ties In the freight rates on grain originat
ing west of the Mississippi and north of
the Ohio River and shipped to South
The evidence presented today consisted
of 67 "expense bills" taken from the local
offices of the Southeastern Mississippi
Valley Association, some of which had
been altered and tho rest duplicated and
even triplicate, with the, result that the
Louisville shipper was given an Illegal
advantage of 3 cents per hundred pounds
oyer competitors , selling grain in South
The hearing was instituted on complaint
of shippers of grain from St. Louis and
other Mississippi and- Ohio River points.
TURNS CAMERA ON FORTS
Boston Man Arrested In Jamaica for
. Making Photographs.
KINGSTON. Jamaica. 'July 17.-Dr.
Franklin Clark was arrested here this
morning for breach of the official secret
service act. Some days ago Dr. Clark was
discovered! taking photographs of the
forts' protecting Port-Royal and Kingston.
The police found, the pictures on him. The
prisoner, who Is a graduate of Harvard,
has been a resident here for four months.
r-Before the court a local lawyer on the
prisoner's behalf pointed out that Dr.
Clark's action was without significance.
He was held in &m ball.
BOSTON, July 17. Dr. Franklin Clark
,1s a Bos-toH man, and was a graduate
fr&ra a local medical college two years-
ago. He left this city for Jamaica last
March or a pleasure trip. He Is an ama
THE DAY'S DEATH RECORD
Kate M Cloary, Literary Woman.
CHICAGO. July 17. Shortly after a
stermy Interview with her hasbasd, with
whom she had aet lived for several years,
Mrs. Kate M. Cleary. well kaowa in Chi
cag as a aews?aper and magnatee writer,
died suddenly of fceart atacaag at the door
e her room "la a hotel. Her atbaad. M.
T. Cleary, had called with two oC their
fbter cMMren to see her.
Cemuder Boater, TJ. S. N.
FHILAENKLPHIA, Jr 17w-Lietrnt
at the aavs! hiuslwH Im- yaotardai'.
S KILLING :
Twin Evils Aggravate Suffer
ing on New York's
CHICAGO ALSO IN MISERY
Exhausted by Overwork, .Carriers of
Only Cool Thing In Metropolis
Striken St. Louis. Having
TEMPERATURES IX LEADING
Portland. Or 77 32
Now York 03 81
Chicago 04 73
St. Loula 07
Two deaths and SO prostrations In
New Tork; four deaths and 16 prostra
tions In Chicago; two deaths and 12
prostrations In Philadelphia; six
deaths and six prostrations In Pitts
burg. NSW TORK, July 1'. After a respite
of one day, the hot wave that swept over
New York last week, causing 9cores of
deaths-and hundreds of cases of pros
trations, returned today with renewed in
tensity, the temperature being- by far the
highest of the season.
The highest point reached was at 4.
o'clock In the afternoon, when the
Weather Bureau thermometer touched SS
degrees. In the streets, however, the
heat was much greater, some thermome-
ters recording as high as 103.
WhIIe the heat was intense, the, air was
stirred by light breezes, and the general
suffering was somewhat mitigated by the
absence of the excessive humidity that i
prevailed last week. It was largely ow
ing to this that only two cases of death,
directly resulting from the heat were re
ported. The total number of prostrations
for the whole city was less than S9.
There was little dimunition of the heat
J after nightfall, the mercury standing at
81 degrees at 11 PM5 There are no pros
pects tonight of any relief for several
days to come.
A number of drivers helpers employed
by the American Ice Company went oa
strike tonight and it is expected that tho
entire force of nearly 1C0O men will de
cline to go out with the wagons tomorrow
morning. They are paid $1.30 a day, and
claim that during the heat spell they are
compelled to work, from 2 A. .M. until S
or 9 P. M. Demonstrations were made in
many places this evening by the men
who had quit, and at several places there
were indications of a riot. The police,
however, kept the crowd In order.
NO PROSPECT OF RELIEF NEAR
Whole Country. From Mississippi to
Atlantic In Perspiration.
WASHINGTON'. July 17. The Weather
Bureau tonight announced that there was
no prospect, for several days at least, of
a let-up of the extreme heat which has
extended over the country for the last few
days. The entire country from the Mis
slsslppl "Valley eastward to Southern New
England and the Florida coast is in the
midst of & well-marked midsummer hot
The maximum temperatures today wers
as follows: Philadelphia. 96: Chicago, 94;
Cincinnati, 95; New York. 94; Detroit, 94;
Washington. 93; St. Louis, 97; Pittsburg,
92; Boston, 90.
FOUR DEATHS IN CHICAGO
Breeze From Lake Brings Relief
From Extreme Heat in Evening.
CHICAGO, July 17. Four deaths and IS
prostrations were the result of the beat
today. A low humidity was responsible
for the. few fatalities. The mercury
reached 94 at 1:39 In the afternoon, and
remained there until 7 JO, when it com
menced to drop.
A breeze that blew off the lake between
6. and 7 o'clock sent tho thermometer la
that hour from 91 to 73, and the evening
.was comparatively pleasant.
ST. XOTJIS IN A STEAM BATH
Sweltering In High Temperatmre. antX
ST. LOUIS, July 17. A steady hot wave
Is affecting St- Louis, and the Government
Weather Bureau can promise no Improve
ment. The maximum temperature today
was 92 and the maximum degree if hu
PHILADELPHIA'S HOTTEST DAY
One Death and a Dozen Prostrations'
CaHsed by San.
PHILADELPHIA. July 17. This eityy
experlenced the hottest weather of the
year today, the temperature reaching &
maximum - of 9S degrees shortly after 4
o'clock. At 9 P. M. the Goveromeat ther
mometer registered 87 degrees. One" death,
aad a desea prostrations due to the heat
were reported ta the poKce.
SIX DEATHS AT PITTSBURG
Thermometer at 88 to 99 In Saaokiest
'PITTSBURG, Pa., July 17. Wx death
aad six sdrtetts proatratteas ks the reeonf"
e e of the hottest days fa Ptttootsrgf
for years. For a4ae hours the tsiptra
tisro w ah sve oogreoo aad for.irvo
9t daffrmo or ever mm Tttortsa.