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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 25, 1905)
PORTXANP, OREGON, TUESDAY, JULY 25, 1905.
PRICE FIVE CENTS.
GESKER TO BOY THE CLAIMS
Claimants to Timber Land
Were to Make $75 Profit.
TESTIMONY IS SHORTENED
Judge .Bennett Is Pugnacious on
Gross - Examination and En
deavors to Tangle Gov
The first day's work in the William
eon trial has shown two things; one, that
the time consumed will In all probability
not be so long as in the first hearing:
the other, that the defense is going to
use the testimony of the first trial as a
club with which to chastise the witnesses
for the Government, throw them into con
fusion if possible, and thus weaken the
force of their testimony before the pres
Judge Bennett's pugnacious cross-examination
of the three witnesses Campbell
Duncan. Ben F. Jones and Frank Ray,
was the feature. Upon the opening of the
trial th-J Government first called Dun
can, who tola the same story related at
the first trial of having taken up a claim
at the suggestion of Gesner and with the
understanding that he should get J75 for
it when patented. The direct examina
tion was short and to the point, Mr.
Heney taking advantage of the knowledge
gained at the first trial to eliminate all
superflous matter and recitation. The
same was the case with the evidence
given by Jones and Ray, but when the
witnesses were turned over to the de
fense they were given an unpleasant time
by Judge Bennett, who questioned them
as to their testimony and brought them
face to face with what they had said in
the former trial.
This catechism related particularly to
the crozs-cxamlnatlor- at the previous trial
when the questions had been asked by
Judge Bennett. These questions were
many of them leading in nature and ran
with the preceding testimony, so that
when the witnesses, particularly Ray,
were asked if they had made certain
answers they denied them, though hold
ing still to the intent and purpose of
the first statement made. The meaning
in many Instances was accepted as what
had been meant though the exact lan
guage was denied.
"Witnesses More Fluent.
On the other hand, the witnesses seemed
more ready and fluent and a trifle more
willing than at the first trial. Duncan
told his story in a clearer manner and
more directly and "without so many
prompting questions or lapses of memory
as had been the case previously. In the
cross-examination the defense was un
able to shake him or to contuse him to
any extent by the extracts from the for
Judge Bennett tried to weaken the testi
mony of Duncan in regard to the story
told by him of having met Williamson
and Gesnor in the office of the latter,
when the witness was given a. copy of
The Orcgonlau of November 24. 1902, in
which it was stated that Secretary Hitch
cock would investigate timber land frauds
in Oregon. In his cross-examination the
witness argued that he had remembered
the headlines of the article and had been
able to recognize the story when it was
shown to him at the trial.
An amusing passage took place during
the afternoon session between Ben F.
Jones and Judge Bennett while the wit
ness was being cross-examined. The at
torney had been questioning Jones about
his former testimony and could get no
very satisfactory answers out of him. At
last he asked the witness if he remem
bered at all of having been in court and
"I remember that I was here and that
you accused me of being a sheep-shooter,"
answered the witness.
"I am not asking you about sheep
shooting now." retorted Judge Bennett,
"though I may later."
The witness was then questioned about
his associations with the Government of
ficials and was asked how many times
he had been with and conversed with Mr.
Honey, Burns, Neuhausea and other of
ficials and detectives of the Government.
Mr. Joues denied having been with them,
other than casually.
"Now Is It not a fact," asked Judge Ben
nett, "that you and a Government de
tective spent the evening in a tour of
the North End and that he took you out
"If he did, he didn't pay for It." an
swered the witness. "Usually when a
man takes me. to dinner. I expect him to
pas- tne dm. ana if he does not do It, I
don't count that he has taken me to
dinner at all."
At the close of Jones' testimony.
Judge Bennett forced him to admlt.that
he had perjured himself and had In
duced his wife to do the same. In hopes
of securing the $75 promised by Gesner
for each claim secured from the Gov
ernment. "Do you want the Jury to under
stand," Mr. Bennett asked, "that you
swore to all these statement's in the
affidavits when they were false, and
you knew you were swearing falsely,
and that you perjured yourself and sot
your wife to do the same just for 575.
"1 guess you see the answers there,
don't you?" the witness answered dog
gedly. "I was short of money,- he
added in palliation of his offense.
Campbell A. Duncan was the .first
-witness of the trial, as he had stood
first in line at the previous hearing.
He told the same story, though In a
better manner than he did at the first
trial. He said that he had been work
ing for Gesner in 1982, and that at
about that time he had seen Biggs,
who told him .that Gesner would lead
money on timber claims, aaa tjwt lie
.vm I&ekiag far me& to . Biggs hid
also said the claims were near the old
shearing plant, and that Gesner would
give $500 each to those who would file
on the claims he selected.
Duncan had taken the advice of
Biggs and had gone to the shearing
plant, meeting Gesner on the rocd and
being told to look at the timber as It
would be some of that to be filed upon.
At the shearing plant Gesner had told
those assembled that he would lend
$400 on the claims and would give $500
for them .after title had passed. He
had said he wanted to get hold of the
land to use for a sheep range, and
that the mortgage which he would re
quire of the claimants would run for
the length of time It took to pass the
claims through the land office. Gesner
had also told them where to select
their land, and that the descriptions
would be at Biggs' office when they
went to file.
Before going to file the witness had
met Gesner on the street In Prlnevllle
and had asked him for money to pay
nis niing rees, which Gesner had at
first refused to give. Afterwards, how
ever, he had come to the witness and
told him that It would be all right
for him to file and that Biggs would
attend to the filing fees. The witness
contended that his object in taking
the land was to sell it to Gesner after
be had secured title to it.
"Hitchcock Was Mad."
Duncan testified that he and his wife
had signed a note for $19.50. the
amount of tho filing fees and notice of
publication. Two or three days before
the date set for the final proof, the
witness stated that Gesner had come
to him where he was working in a
livery stable, and had asked to speak
to mm. He had told him he bad better
relinquish his claim, and the two of
them had gone to Gesners office, where
they had met Williamson. Gesner read
story in the Oregonlan about the
statement of Secretary Hitchcock,
where that official had promised to
make deep Investigation into all the
timber entries and bring criminal ac
tion against all violators of the law.
Gesner had said that Hitchcock was
mad. and that it would be best for tho
witness to relinquish his claim, and
that If he would go to Biggs the com
missioner would fix the papers up for
him. Gesner had told him that Biggs
would give back the copy of the note
signed by Duncan and his wife.
On cross-examination, the witness
did not remember whether or not the
note was executed in favor of Gesner.
or of Willamson, -Wakefield & Gesner,
or of Williamson &. Gesncn Judge
Bennett asked the witness If he was
sure that 'the note had not been given
to Biggs, and he replied that he did not
Judge Bennett brought out the new
point by his questions that the witness
had been a timber locator, who selected
claims for prospective applicants for
$100 a claim. He also got the witness
to testify that he intended to locate
new people on the claims mentioned
In the Indictment should they revert to
the GoVornment. The witness also
said that he had no written contract
with Gesner and could have sold the-
claim to anyone else, but he still main
tained that he felt bound, and Intended
to sell the land to Gesner when title
passed to him.
Denies That He Was Threatened.
Judge Bennett questioned the wit
ness about having been threatened
wltr imprisonment by Mr. Burns
snculd.he not testify to suit the Gov
ernment, but Duncan denied any such
threat Mr, Heney In Ills next question
countered upon the defense by bringing
'- Hint ucmicr iiau gone 10
Duncan and hired him to do wort for
him. after he had been a witness be
before the grand Jury and Just prior to
trie opening of the first trial. The wit
ness also stated in answer to Mr.
Heney's questions that it seemed to
him that all the talk about the use
if the grass being taken by Gesner as
interest on his money had arisen since
the visit of Mr. Ncuhausen to Prlne
vllle in'ISUl. and before the sessions of
the grand Jury before the trial.
Ben F. Jones, the second witness,
was called Just before xhe noon ad
journment. He stated that he had
been engaged with Gesner in running
horses in ISO? and that Gesner had sug
gested to him that he file upon a tim
ber claim. Gesner had also told him
that If he and his wife would take a
couple of claims he would buy the
land of them wncn patented at $300
each or at a clear gain of $7$ a claim.
He had. therefore, gone up to the meet,
lng at the shearing plant and had
afterwards filed upon a claim, as had
Lis wife. Graves and Gesner had given
him the descriptions for the claims and
he had gone before Biggs to file. The
witness stated that he bad agreed at
the time of making the filing to sell
the claims to Gesner for $500 each as
soon as patented. On January 25, 1904,
the witness had received a check from
tne land office for the amount paid
upon his claim and he had placed It In
the bank to the credit of Gesner.
On cross-examination Jones denied
that he had ever given a note for the
amount lent him or that he ever had
a talk with Gesner or Biggs relating
to giving a mortgage. The witness ad
mitted that he had perjured himself in
making his affidavit, and stated that
he had dono so and had Induced his
wife to do so because he had been
snort of funds.
Frank Ray, the third witness, ap
pearod in the courtroom minus hlj
coat, and though coolly clad he ex
perienced a warm half-hour before he
escaped from the clutches of Judge
Bennett. The witness stated that Ge-
ner had suggested to him that he file
upon u timber claim and that he had
followed the advice. Gesner had said
that he would give $500 for the claim.
that It would take about 5416 to prove
up, so .mat tne witness would make
about $75 on the transaction.
The witness stated that Gesner said
he would have to take a mortgage on
the claim iu order to make everytning
iook an rignt ana Keep out of trouble
with the Government. Gesner had
wanted him to put up the filing fees,
but he had refused, upon which an ar
rangement had been made with Biggs
by which he had filed and had given
his note for the amount. This note
ran for about six months.
Here there was a Jangle between
Judge Bennett and the witness over
the arrangement about the grazing
privilege. lnhls previous testimony
Ray had stated that there was an
agreement by which the claimants
were to have the use of the money
without Interest in exchange for the
privilege of grazing to be enjoyed by
Gesnor. The witness did not remember
having made the statement as recorded,
and disputed the evidence.
On the re-direct examination Mr.
Heney straightened the witness out on
his tangle a little by asking hira Just
what ho did mean when he answered
tne questions put to him atr the first
trial by Judge Bennett. Ray stated
his understanding of the questions aa
what he meant by answering them, so
that his testimony at the .two trial'
was the same Ik all lmnertaa-t .
reticulars. .-- ' ' -
At 4 o'cIdck2wM; D IkM-uii
,jurei coit 'jMt) jmjOg xtli.
Great BouWer Crashes Down
a Steep. Slope Beside the
SWIFT SCRAMBLE FOR LIFE
General Stevens Stumbles and Falls
in Mountain Stream, While Car
rying His Sister, Miss
Bingham,. of Portland.
PARADISE VALLEY, Sunday, via
Longmlre Springs. July 24. (Special.)
The very fact that so large a gathering
of people could do such perilous climbing
and have no accident? to record speaks
volumes for the efficient management of
the four great mountain-climbing parties
now encamped in Paradise Valley. There
have been several harrowing adventures,
when, but for the coolhcadedncas of the
climbers, death murt have resulted.
The narrowest escape thus far occurred
when a party of eight, led by Professor
Landes, of the University of Washing
ton, was saved from death by rolling
boulders. Tbe party had tramped some
ten miles over fields of snow and Ice,
finally to reach a huge rocky cliff, which
shut them out from Cowlitz glacier, the
objective point. The rest of the Journey
would have been considered Impossible by
amateurs, but these Mazamas picked
their way around among the great rocks
and boulders and found themselves on
an almost perpendicular mountain side,
descending full 1200 feet down to the top
of Cowlitz glacier, which spread out be
fore their view, a magnificent sheet of
Ice and snow, seamed with yawning
Beauty of the Deathtraps.
Little by little, holding to the short,
tough heather, the party made the de
scent.. Then came the tramp over the
ice field, around death traps of such won
derful beauty In formation and coloring
as. to lure and fascinate, while they froze
the very Wood with their horrible possi
bilities. The return trip over the glaciers
was made without accident; then came
the ajcent- Slowly the five women and
three men pulled themselves up the steep
Incline. When half the ascent had been
made, when the eight human beings were
clinging by their finger? and toes, like
flies to a ceiling, there came upon their
ears a horrible-crushing, roaring sound.
They looked up and saw an Immense
boulder which had loosened far. far
above, coming with a tremendous roar
and lightning speed directly upon them.
Saved by Professor Landes.
There seemed absolutely no escape, and
for a moment every heart must have
stopped beating they could only grasp
the heather tightly, powerless to move.
No two were In touch with each other.
Then, almost Instantly, came tbe ringing
notes of Professor LandeK voice he was
ahead arousing the climbers from mo
"Make for the right bank."
And" they did make for It. They
scrambled over that mountain side at a
rate utterly Impossible If chased by any
thing short of death.
The farthest young woman was grazed
by a piece of the boulder, which had burst
Into a dozen rcnaller ones, which were
crashing and tearing their way over the
very path they bad left. But for ProT
fessor Landes cool head, and clear,
quick, commanding order, it Is doubtful
If a single member of this little party
would have lived to tell the story.
The Ducking of Mrs. Bingham.
General Stevens, the real mountain goat
of the camp. In attempting to carry his
sister. Mrs. K. Stevens Bingham, of Port
land, across a mountain stream, stumbled
and fell In. sister and all. Neither one
of them seemed to mind It in the least,
however, after getting safely out- All
arrangements are being made for the
oinciai cusiD, which will begin
Did It With His Little Hatchet.
TACOMA. Wash.. July 24. fSDeciaLi
Henry Bader. a Tacoman sojourning
in j-araaise valley.- where the Max
smas are encamped, on their way to
the summit of Mount Rainier, will bo
served with a warrant by th United
States authorities as soon as he re
turns to Tacoma. charcinc- him -n-ith
r"se i JtVi f?re3t
reserve. Mr. liader Ik alloc- l..
warrant issued by United Stales rnrr
mlssloner Clifford, to have cut down
-!i-BJeen.tree wh,,e ,n the Halnler
XT r"v -naiy. night,
Mr. Bader. according to a statement!
made to Commissioner Clifford, was I
wim a party of mountain-climbers en-
camped that night in the forest reserve
l?..faradUe Va,Ie'. The night was
chilly and a party had gathered around
a big campfire for a few hours of social
merriment. The fire burned low and
Bader took It upon himself to go out
with his little hatchet tnd chop down
a tree, which he brought la and threw
on the fire.
The act was witnessed by William
McCullough. a Government forest
Tanger, who came to Tacoma and sworo
out a warrant.
FAST TIME OX ORDINARY RUN
Baren Komura Takes Pride la Trip
Prom the Orleat.
SEATTLE, July 24. (Special.)-To Fran
cis B. Clarke, who acco-aspaaled the party
as far East as Malta, Meat Sarsa J.
Komura and H W. Dentoon explained ee
of their reasons for hastening the party
to New York. KhUmsIv avtrt from tk.
-necessity for- Te&cMag the Saat hninrJT
axety, Mroa AOot. Ms swke are
akiM to MUWtti a. aw reer4 4fec xli
tlae 4mIwm Tel and Kew TrV t. '
frfr the art awry fur e Cnra4M.
eae to, A. Sato, who torMMH
the matter at Baron Komura's suggestion,
the best time heretofore made was 15 dars
when the Canadian Pacific, anxious for a
Ball contract, brought an Empress liner
over In 11' days from Yokohama and sent
a special train through to New York In
Ave more. If Komura reaches New York
tomorrow morning, as he plans, his party
will have spent 17 days on the road. Al
most two days have been lost by lying
over for connections. He took a slow
train out of Seattle because It waa the
next one offering and made no unusual
effort at haste. He has pride in the rec
ord because It Is a natural one.
THE! Ft TO SEE BETTING
ST. LOUTS POLICE MAKE FRUIT
LESS RAID OX TRACK.
Constable's Posse Attempts to Arrest
Captain, but Police Protect
ST. LOUIS. July 21. About 100 police
men under command of Captain McNamee.
acting upon orders from Chief of Police
Klely. who. In turn, received Instructions
from Governor Folk, forced an entrance
Into Delmar racetrack today to see that
there was no violation of the antl-pooi-sclllng
law and to arrest any persons
actually seen making bets. No arrests
With a squad of tbout 30 officers Cap
tain McNamee appeared at the racetrack
entrance at the time of the first race
and demanded admittance. This was not
granted, and he and his men marched In.
meeting with no resistance.
Fearing attempts might be made to re
sist the officers If arrests were made.
Captain McNamee ordered a second squad
from the reserves and the squad had just
arrived when Constable Lentz. with a
posse and a warrant charging trespass
and destruction of property, endeavored
to arrest Captain McNamee. Chief Klely
had ordered that none of the officers
should submit to arrest and Captain Mc
Namee refused to consider the endeavors
of Constable Lentz to take him into cus
tody, his own men surrounding him In
protection until .Lentz desisted.
The races were run on schedules before
an Interested crowd of citizens and po
lice, and when the last race had finished
After the running of the first race, at 3
o'clock. 30 policemen pushed through the
gates. The gatekeeper tried to keep them
back but offered no resistance. The police
were then stationed In the "bcttlngringand
tne grandstand. Fearing that a number
of Deputy Sheriffs might be sworn In and
resistance to the police attempted. Cap
tain McNamee sent In a call for extra
police reserves. About 30 additional offi
cers were at once sent to reinforce Cap
tain Aicisamee s squad, rushing through
the gates and Joining the officers already
Word was sent to Sheriff Hcrpel to come
to the track Immediately. Constable
Lentz tried to arrest Captain McNamee
on a warrant charging trespass and de
struction of property. McNamee refused
to submit to arrest. Constable Lentz
thereupon gathered a wsa of Denutv
Sheriffs am? Constabloa to
warrant, but the police surrounded Cap-
mh dioavr ana reiuF-a 10 permit his
arrest After some little parley the posse
dispersed and Captain McNamee stationed
men throughout the betting ring, grand
stand, paddbek and before the grand
stand. The betting ring waa quiet and
the. races were run according to schedule.
FUNERAL AT ALTAM0NT
Cleveland Asked to Pay Last Re
spects to Lamont.
-rvuuiJvt.fcPSIE. X. Y., July 24.
xne lunerai or ex-Secretary of War
-uaniei s. Lamont, who died suddenly
last night, will be held on Wednesday
at 12:30 P. M-. at Altaraont. the La
mont home at Mill Brook. It will be a
quiet ceremony. The Interment will
be In Woodlawn Cemetery, New York
Former President Cleveland has been
asked to come to the Lamont home as
soon as possible.
War Department Mourns.
WASHINGTON. July 24. The War
Department took cognizance of the
death of ex-Secretary Lamont today
by Issuing an order, signed by Acting
Secretory of War Oliver, announcing
"with deep sorrow the death of the
Hon. Daniel Scott Lamont." eulogizing
nls official and private -life and direct
ing that "as a mark of respect to his
memory the nags at all military posts
be displayed at half mast on the day
of the funeral."
ChautauqHa Pays Expenses.
OREGON CITY. Or.. July 24. (Special.)
Secretary Harvey E. Cross state tht
While the attendance at thl THr. '
slon of the t illamette Valley Chahtau- f
qua Association was not up to expecta
tions, the management will be KMe to
meet all expenses, a condition that In
sures the holding of another assembly
next year. Too many counter-attractions
were responsible for the decrease In at
tendance and the receipts of this year's
meeting, although the programme was up
to the high standard of excellence estab
lished by preceding sessions.
Trial of Test Case Begins.
ST. LOUIS. July 2J. The cases of Max
Gumperts and George Ehrllch. charged
witn violation, of tne laws prohibiting
poolselhng and betting on horse races.
were called for trial In the SUjuis
County Circuit ourt at Clayton today,
The state is represented by Prosecuting
Attorney R, L. Johnston, of St. Louis
County, and Attorney-General Hadley.
The trial Is a test of the anti-betting law.
and It Is considered that upon tbe out
come will depend the future of horse
racisg ia the state.
Ana co h da Company Lowers Stock.
BUTTE. MonU. July 24. The Anaconda
Conpany filed notice today to the effect
that It had lowered its capital stock from
U.OW.We to SMSiOSd. Tbe move Is made
preparatory to the closing up of the af
fairs of the company. Tbe Anaconda
Company Is one of the early corporations
organized by the late Marcus Daly- and
out of which the .present Anaconda Com
pany of the Amalgamated Copper Com
pany was f Armed.
J.- J. EaklM, Newspaper 3(aa.
COLORADO SFJtlXGS, Colo., July Mv
Jeeepfe X. JBaktoi. a$e4 40 years, ie lead
Vers e-f eoMumptie. Mr. TMrfnuf was
bent to Lwtsvfllg.. Xy.. and eatare aews
paper ,werk there with the Cewlcr-Jottr-aal.
He wet t Xw Yrk ikm 3
years ajce a w ! apertM 4Ker e
the WarW, tW.4mM4J th.MM
WTah4. wfcMt ha bcM to Ute break
'w wfcfefc eh mm? tt'eom' to this
EMPERORS TALK '
FAR INTO NIT
All Europe Wondering What Is
Subject and Effect of
MAY MEAN NEW ALLIANCE
Czar and Kaiser Separate and Other
Nations Suspect New Combina
tionRussians, Fear Ces
sion of Provinces.
ST. PETERSBURG. July 21. The Mar
shal of the Court, Count Benckendorff,
has sent the following from the Island of
"At 10 o'clock In the evening of July
23 the German Imperial yacht Hohen
zollern dropped anchor near the anchor
age of the Russian imperial yacht Polar
Star. Emperor William, accompanied by
Prince Albert of Schleswig-Holsteln and
his suite, was rowed to the- Polar Star.
Emperor William was received at th'e
head of the ladder by Emperor Nicholas
and Grand Duke Michael, and cordial
greetings were exchanged. The German
Emperor reviewed the guard of honor
and the yacht's crew and the two suites
were presented, after which their majes
ties retired to the salon.
"At 11 o'clock at night Emperor Nicho
las and Grand Duke Michael accompanied
Emperor William to the Hohenzollern.
where they remained until 2:20 In the
May Form New Alliance.
An afternoon paper quotes a significant
editorial in the semi-official Berlin Post
hinting that France has grown cold
toward Russia, that the Russo-French
alliance Is on the verge of dissolution and
that there Is increasing feeling In Russia
In favor of concluding an alliance with
Germany, even at the cost of great sac
But the Idea of a Russo-German al
liance Is distinctly rejected at the Foreign
Office, where, however, It Is admitted that
the officials have no specific Information
on the subject of the Emperors' meet
ing. Foreign Minister Lamsdorff not be
ing consulted and no representative, of. the
Foreign Office being present. It Is known.
however, that a representative of Chan
cellor von Buelow waa on board the Ho
henzollern. Count Lamsdorff 'a spokes
man pointed out that the monarchs were
personal friends and that they probably
discussed many subjects, but . he ex
pressed the opinion that the exchange of
views would have a more Important bear
ing on the Internal affairs of the two em
pires than on their external relations.
"The Socialistic movement." the repre
sentative of Count Lamsdorff added, "has
assumed great proportions In both coun
tries 'and it Is a matter of most serious
consideration to both monarchs."
German King for Norway.
In another quarter it was suggested
that the German Emperor may have
asked Emperor Nicholas to support a
German Prince for the throne of Norway,
King Oscar having announced that he
would not permit a member of the house
of Bernadotte to assume the scepter, and
the only other candidate being Prince
Charles of Denmark, who la married to
an English Princess.
ADVISE PEACE AND REFORM
What Kaiser Was Expected to Talk
About With Czar.
BERLIN. July 24. The Foreign Office
here Is advnsed that a meeting between
Emperor William and Emperor Nicholas
took place early today off the Swedish
coast, near the Island of BJoerkoe.
Emperor Nicholas wrote to Emperor
William several days ago that. If during
the latters yachting in the Baltic Sea
he should approach the Russian hhore.
he (Emperor Nicholas) would be pleased
to meet him. The Gorman Emperor re-
plied that he would be glad to cruise to
any convenient point, and the Island of
BJoerkoo was suggested. It was under
stood that the conversation waa to be
entirely personal and intimate, and there
fore no Minister of Marine Is In Emperor
The meeting Is a sequence of the cor
rspondence that has been going on be
tween the two Bmperors concerning peace
niuwii .unjpcjcir nuiiiuu urgca .wnperor
Nicholas to take steps toward peace. Em
peror William was then co-operating with
President Roosevelt In seeking to bring
the belligerents to a discussion of tho
terms of peace and In the present meet
ing the Associated Press Is authoritative
ly Informed Emperor William i will con
tinue to advise peace should the Russian
Emperor ask for his further views, and
It would be very natural that Enmeror
"Nicholas should do se as a development
of the correspondence which has already
Emperor William went to the meeting,
aa the Associated Pres Is officially In
formed, prepared tojsay, if he were asked,
that he thought Emperor Nicholas could
attain a full understanding- and reconcilia
tion with the discontented portions of his
people only through reforms. The Ger
man government la lnteresfed ia 'having
the neighboring country peaceful and
prosperous, for It Is toward the Russian
Empire that Germany's xaaRHfacturers
look for great trade expansions la the fu
ture. , .
The German Emperor Is met reluctant
to have el (her the Russians er others
think that he Is volunteering svggestieBZ
regarding the tateroatkmal affairs of 7tts
sla. He Is .act doing so, bat will oaly
give his perssaal views en their beiag
asked fee. Emperor William .has the
fullest fafermattoa regarding the Rhs
s4aa situation, and may be able to give
Emperor Nicholas statements of fact and
deduetioas from them that are uakaswa
to the Russian Zmpsrsr.
So far as regards the nmtws la. ether
eapKate that a seheme. Is ftHoat te eom
Mh ssfveral sf the pswsra Jn girla Xtts
ta.mors saapsrt agalasi Japan la the ae
gsHaUsaw .saaa- to 'bs'speasd at Psrts
nwmtk, X."H- coacssas Gsrat&ay, tasy arc
denied explicitly. Germany's policy of
noninterference, as orten declared,
mains the same.
WILL SEARCH OUT FACTS
Bonaparte Orders Strict Inquiry. Into
WASHINGTON, July Secretary Bo
naparte, In a statement Issued today, said
tbe public may rest assured that the Ben
nington disaster will be thoroughly Inves
tigated and that whatever action the re
sults of the Investigation may show to
be proper wilt be taken by the depart
ment, promptly and effectually.
Mr. Bonaparte showed the deep Interest
he has taken In the Bennington disaster
by immediately taking up the subject on
his return today. He held an extended
conference with Assistant Secretary Dar
ling and found that Mr. Darling had done
everytning possible to alleviate the suf
ferings of the wounded and for the proper
care of the dead, as well as to lay the
foundation for an Investigation of the ex
plosion. When advised that Rear-Ad
miral Goodrich had been ordered to San
Diego, the Secretary asked as to the
number of officers that would be avail
able upon the Admiral's arrival from
among whom a proper investigation body
could be convened. The Secretary was
assured that with the officers on the
ground and those who will come with the
flagship Chicago and the supply ship Iris
there will be ample material for a board
or for a court of Inquiry. The Secretary
expectcs a most thorough investigation.
When Admiral Goodrich reaches San
Diego, all facts developed pending his ar
rival will be reported to him, and It Is ex
pected that the board of Investigation
which Captain rDake ordered to deter
mine the extent of the damage to the hull
and engines, will also report the results
of Its Investigation to the Admiral. Ad
mlral Goodrich then can determine the
Bteps to be taken, but It was made manl
fest today that Mr. Bonaparte expects the
inquiry to be exhaustive and such as will
develop every possible fact.
It was suggested at the department to
day that some of the steam engineering
records of the Bennington may have been
destroyed when the ship was blown up.
The quarterly report covering the period
from March 20 to June 30 had not been
received at the Bureau of Steam Engl
neering up to the hour of closing today.
It Is probable, it Is stated, that the mall
lag of the report may have been delayed
and that It was aboard the ship at tho
time of the explosion.
The department today telegraphed to
Captain Drake for a list of the survivors,
This was done because of the numerous
inquiries that have come from the rela
tives of the sailors who have not been re
ported among the dead or injured. The
department has directed that a report be
sent to the department dally from San
ONLY ONE MAN IS 3IISSING
All Others of Bennington's Crew
SAN LIEGO. Cal.. ,uly 24.. Shocking
and pathetic as have been the occur
rences accompanying and following
the explosion of the United States
gunboat Bennington In San Diego har
bor, the story of the frightful accident
has. reacned tbe point where toe strain
of suspense may give way to the re
lief of knowing that the extent of the
disaster has been defined. The most
Important development of today is the
certainty that no member of the crew
of the Bennington remains unaccount
ed for, and that no gruesome find
awaits the exploration of the depths
of the hold, now being rapidly emptied
of water. The summary of the situa
tion early this morning was:
Fifty-eight identified dead: 46
wounded; 1 missing; 90 uninjured; 1
deserter, which brings the total up to
that of the number of the officers and
Inquiries made by the representative
of tbe Associated Press on board the
Bennington this morning resulted In
the location of the last man whose
name appeared In the list of missing
C A. Mumper who is found to be
alive and uninjured. Moreover, this
morning's investigations have resulted
In definitely establishing the identity
of tho four men presumably classed
as unidentified dead. They are:
C. S. Carter.
R. J. Ogles.
A visit to the hospital shows that
tho sufferers are being well cared for
and some hopes are expressed for the
recovery of some doubtful ones.' Those
in a critical condition are: W. V.
Kennedy, George Hakett, C S. Shaltz,
H, Mettles. S. Pakate, L. A. Griese,
Of these. Walter Martin, this morn
ing, was at a critical point, with tem
perature at 104. A turn for the bet
ter, with reduced temperature, fol
lowed the dressing of his wounds. The
one now most seriously ill Is L A.
Griese, who shows symptoms of pneu
monia. Martin may recover, but some
of the others may die at any hour.
BOILERS KNOWN TO BE WEAK
SAN FRANCISCO. July 24. Commander
Laden Young's last log letter to Comman
der-in-Chief Goodrich, of the Pacific, has.
been picked up on the deck of the gun
boat Bennington. In It Is the following
paragraph about the condition of the ship,
which shows that the Commander knew
the boilers were defective:
The engines and everything worked
beautifully on the trip from Honolulu, as
the result of the overhauling alongside
the dock at Honolulu, and evervthincr la
now In excellent condition, with tbe ex-,
ception of the boilers, which although
tested for a water pressure ef 2S pounds,
I find will not be safe to be subjected to
a steam pressure over 130 to 135 pounds,
but that will enable us to make from 11
to 12 knots full speed. In every other
respect the vessel Is In a very high state
of efficiency and in exceaeat condition."
This will form the plaa of the evidence
before the board of Inquiry. It. 13 under
stood that under the coneMtfeos.lt was not
imprudent for Commander Young to go
to sea under orders.
Ransom Called as Witaess.
WASHINGTON, July 24. Comman
der George B. Ransom, Chief Engineer
Officer at the Mare Island Navy Yard,
where the last repairs to the Benning
ton boilers were made, was today or
dered to proceed to San Diego. It is
expected he will be able to give Ad
miral Goodrich valuable information
regarding tbe condition of the ves
sel's boilers at that time.
Drowas ia Els Father's. Sight.
LEWI9TOWX, Mont., July 34. While
swimHtfog with several friends la the
Mtasearl River at Rocky Fe4t. Albert
Meyeratek. sge 3L years. Was arawaed
bt the preseaee ef bis father. "arMtaja
MarOTBlefc. aad Ms sister. 3awg.Aa Kw-
errfek. Coaaty Baaartateadaat of fthaats.
Court Says No Power on Earth
Can Still His Unmelodi
ALL EXPEDIENTS FAIL
Kansas Postmistress Vainly Pleads
lor Relief From Noise Made by
Asinine Neighbors, Who
Lift Voices at Night.
TOPEKA. Kan.. July 24. (SpecIaL)
"No power on earth can prevent a jackass
from braying. This court Is powerless to
afford relief Ii this case and the Injunc
tion is dissolved," said Judge Dana In
dismissing a suit brought by the post
mistress of Richland. Kan., against the
owners of a number of jackasses to pre
vent their braying.
Tibbetts & Hotz own a livery stable
In Richland and it Is the next door neigh
bor to the pestoffice. The postmistress,
resides in the apartments over the post
office and she has been sorely annoyed
during tlw night by the rancous braying
of the discontented jacks in the livery
barn. Whenever she sought to while away
the tedious hours by singing softly to
herself, the Jacks would break "In and
agitate, the atmosphere with their dis
tracting noise. At night, when she
raised her windows to get a breath of
fresh air. her ears would be benumbed
byithe hee-haw cf the jacks.
Appeals to Court for Relief.
Sbe appealed to the owners of the stable
to suppress the animals, but they po
litely Informed her that to- bray was the
chief delight and function of a jackass
and they' could not prevent it. Further
more the nature of their business pre
cluded sending the offending animals
away for the night.
Finally she appealed to the court and
secured from a judge in Shawnee County
a .temporary injunction against Tibbetts
& Hotx. Then she gave final .warning to
them that the noise must cease. They
Immediately took the case before Judge
Dana and it was argued today. It was
one of the most unique hearings In. the
history of Kansas even, which Is the
author and scene of many unique things.
Plea for the Jackass.
In their reply to the Injunction Tibbetts
& Hotz set up that the courts, and. In
fact, all human machinery, stood abso
lutely powerless to prevent the braying
of a jackass. They cited Instances where
various expedients had been tried, such
as dynamite; muzzling, solitary confine
ment, etc., but all efforts proved futile.
It was ably argued before the court that
the Missouri and Kansas jack or mule
was a unique feature in the eyes of the
world and entitled to consideration. It
was shown that pages of comic weeklies
are devoted to this peculiar animal and
his predellctioh for braying and kicking.
These had been peculiarities of the Jack
ass from the beginning of the world and'
would be so to the end thereof.
While they regretted that any of their
property should prove annoying to the
postmistress of Richland, for which lady
they had profound esteem, they could not
prevent their jacks hee-hawing nor could'
they cripple their own business by dis
posing of the animals "and your peti
tioners will ever pray etc."
Beyond Hainan Power.
Judge Dana pondered at some length.
over the case and nnauy announced tnac
he would dissolve the Injunction.
"It Is apparent to any student of ani
mal nature," he.said. "that human agen
cies are helpless to prevent braying of
a jackass. It Is his nature and the courts
can afford no relief. Let the order dis
missing this case be entered."
HAILED AS JAPAN'S FRIEND
Warm Welcome Awaits Taft as
TOKIO, July 24. (3:30 P. M.) The Hochi,
Count Okuma's newspaper organ, tomor
row will publish a leading article wel
coming the Taft party and gratefully re
calling what the United States has .been ..
to the Japanese since the time of Com-
modore Perry an unerring guide and
The nollcr of the United States toward
Japan, the article will say, has been one
unbroken record of kindly assistance, po
litically and commercially. In fact la air
departments ol the progress of modem
Japan, America's help la clearly trace
able. Especially President Roosevelt's
successful endeavor In bringing the peace
plenipotentiaries together adds a memor
able chapter to the already magnificent,
record of America's invaluable aid to Ja
pan. The paper regrets that the shortness of
thet party's stay will not admit of an ade
quate manifestation of the general feel
ing of gratitude and appreciation toward
.the government and people to which the
distinguished party belongs.
Th6 Hochi leader Is typical of the reel
ing throughout the empire.
TWO CASES ON FRUIT STEAMER
Reported Taken Off at Qaaraatiae
on Mobile Bay.
MOBILE, Ala.. July 34. There is a. ru-
mer current that two of the crew of tha
Columbia, from Colon via. Beeas del Toro. '
which unleaded fruit mat n4ght wera.
taken off the vessel when saa arrived In
ward beuad at the quarantine stattea. M
miles below MeaHe. The nvea are' report
ed to hava yellow fever. The CoiawUa
was not allowed to eeal here.
Dr. Henry GoWthwalte", health and ex
eeattre affleer ef the quar&ntm boara of
Mefeife Bay. weac aawn there tonight; bat
has et returned. JC'te reported. oa of
the mes, M, bat: this laaiu coaArmatwa.