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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. WITNESSES ADMIT THEIR PERJURY Confess Swearing False Affidavits. to 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 ernment Witnesses. 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 ent Jury. 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 mor testimony. 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 testifying. "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 to dinner?" "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. each?" "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 remember. 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. his escape horrible death Great BouWer Crashes Down a Steep. Slope Beside the Cowlitz Glacier. 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 crevasses. 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 mentary paralys!?: "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 Tuesday. next 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 Their Commander. 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 were made. 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 everybody departed. 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 Inside. 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 City. 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 Conference. 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 BJoerkce: "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 morning." 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 rifices. - 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 Nicholas' suite. 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 taken place. 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 Bennington Disaster. 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 Diego. ONLY ONE MAN IS 3IISSING All Others of Bennington's Crew Accounted For. 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 crew 197. 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. Nelson. C. S. Carter. P. Stang. 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, Walter Martin. 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. SS' BRAY UPHELD BY Court Says No Power on Earth Can Still His Unmelodi ous Voice. 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 America's Representative. 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 friend. 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. 1