Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 26, 1905)
VOL. XJV.-tfO. 13,925.
portlaxd; Oregon, Wednesday, jtfly 26, 1905.
PitlOE FIVE CENTS.
Attorneys Conflict in a
Wordy War. '
JUDGE CAUTIONS BENNETT
He-Is Rebuked for Insinuations
HINTS - FEASTED WITNESS
Controversy Is Sternly Ended by the
Court Surveyor Graves Testi
fies That He Was Aided
It " wa a battle of the attorneys In the
"Williamson case yesterday, a fight be
tween' United ' States "District Attorney
Heney-on the one hand and Judge Bennett
op tL otbjer. 'it was a series of wordy
assault between the two Generals of the
case that the court had to auell and In
which the prosecutor came off first best
IB every instance. Incidentally there
were two new witnesses placed on the
stand by the Government, O. L. Parker,
formerly a bartender In Prlnevllle. and
Charles Graves, the county surveyor of
The latter's testimony was significant.
He said that he had been employed as a
surveyor by Gesner, had gone into the
timber, and on one trip had met both
""Williamson and Gesner. Both of the de
fendants had assisted him in making one
survey, and both had carried the chain
in marking off the lines.
Yesterday Mr. Bennett forgot the
peverlty of his cross-examination until the
afternoon when he took "Wilford J. Crane
to task about his testimony give.n at the
previous trial and read him questions
and answers not remembered by him. It
was in this connection that most of the
troublt-,arose between the two attorney.
In Oils 'cross-examftatlon the attorney for
the defense. wnt Into the -conduct of the
witness both it the present time and at
the previous trial. He asked him if he
had. made a. statement to Mr. Ifeuhausen
and .if that statement had been used in
guiding his testimony at the trial that
has been finished. The statement was ad
mitted, but It was denied that any at
tempt had been made to Influence his
testimony In any manner by the prose
cution. Judge Bennett asked Crane
about his associates In the city -during
his stay here. If he had not been the
guest of various of the Government offi
cials and if he .had not frequented Neu
hausen's office and had not been treated
to cigars while there. Crane stated that
he had been at the office but had not
taken any cigars because ho did not
Mr. Heney Interrupts.
As the attorney proceeded in his ex
amination Mn Heney Interrupted him.
"Are you going to offer any proof- about
all these things concerning which you
are questioning the witness," he aked.
"That is my office. If you are going.' to
offer proof as to these things you inslnu-
ate, then go ahead with your questions,
but I would like to know If you are going
to use all this testimony."
Judge De Haven Interrupted the dia
logue. "You have no right," he said,
addressing: Judge Bennett, "to ask such
questions unless you have Information
that these things have taken place."
"I have no way to know what took
place in that secret room," said Mr.
Bennett. "I am asking the questions
for my Information."
"Tou have ho right to draw upon
your Imagination," cautioned the court,
while Mr. Heney came Into the con
versation again. .
"You can put me on the stand if you
want to prove what has taken place
there, and I will answer fully," he
"Oh, yes," began Mr. Bennett In an
Incredulous and unbelieving tone, but
the court stopped him with a few
sharp raps of the ivory gaveL
"Let us have no controversy about
It," he said.
The storm was quieted for a few
minutes only to break out 'afresh over
the presentation of a statement to the
witness. Mr. Heney. on the re-dtrect
examination, gave Crane the statement
about which he had been questioned
by Mr. Bennett, and asked him to
Identify it as tne document from which
It had been insinuated he had been in
structed by the prosecution to testify.
With the statement was handed a small
typewritten document, purporting to
be a synopsis of the statement made by
the witness on a subsequent occaelo.1.
Mr. Bennett demanded to see the docu.
ment, stating: that he had a Tight to
look at those things which Mr. Heney
had fixed up before they were shown
to the witness.
"I did not fir the statements," re
torted Mr. Heney. "The witness said
them, but you are welcome to see
them." 'Mr. Bennett wanted to see the
typewritten piece handed to the wit
ness. "Better Get Back to the TrlaL"
Judge Do Haven stopped the argu
ment Between counsel by stating that
he aid aot see that It wade any differ
ence In the case whether or not the
etatemeats were shown or handed to
the wttec unless they should he used
la the trial., "We had better get faaak
to the trial of the defendants," he sug
gested. Judge Bennett made another
objection to the procedure In allowing
the prosecution to question the wit
ness about the statement.
"I think it Is a useless consumption of
time and Is drawing the attention of the
jury from the defendants and the trial
of the case. It is perfectly evident what
is being done," he concluded, and the
attorneys gave up the combat and ex
cused the witness.
In the. morning the Government placed
O. I. Parker, a new witness upon thp
stand. Parker was a manwho evident
ly thought he was attending a picnic,
and was smiling and at times facetious
In his answers. He was worried for a
time by the cross examination of the de
fense, but took his punishment with a
smile and ended the last round strong and
Parker Unwilling Witness.
Parker was an unwilling witness, and
did not remember more than he had to
do. He had been a bartender at Prlne
vllle In -1KC, and said he had been led
to file upon a timber claim by Biggs.
The two men had lived In the same
neighborhood, and one day while going
to town Biggs had asked the witness If
he had ever taken up a timber claim. He
had said that he wanted to get men to
file on lands, and the. witness had un
derstood that Gesner would furnish the
money, as he desired to get control of
the lands for his sheep range. Prom bis
talk with Biggs the witness had under
stood that Gesner would expend TO on
the claims; that he -would -..furnish all
the money to file and prove up and would
glvo the claimant everything over the
fees and up to 5509 when patent was is
sued to him.
Parker testified that Biggs had told
him Gesner would be in the timber, and
that upon suggestion he had taken "his
wife and gone to the camp to see about
filing. Charles Graves and Mrs. Biggs
had gone with him. Arriving In the tim
ber the witness and his party had met
Gesner, who had showed" them the land
and given them the descriptlnos and told
them to file. He had not talked about
the money with Gesner, though It had
been furnished to him when he came
The witness would not say that he in
tended to sell the land to Gesner, but
held to the story that he had Intended
to sell to the highest bidder, though he
would have sold to Gesner had be not
been able to get more than $500 for the
claim. He had understood, however, that
Censer wanted the land to use as a sheep
range and was active In getting men to
file for that reason.
Upon the Introduction of the final
proofs as evidence an argument arose
between the attorneys as to their ad
misslbillt'. The court ruled that the in
dictment called for perjury In regard to
the filing papers.
The testimony of the witness was about
the same in all Important particulars as
that of all the other witnesses who had
filed under the agreement shown.
Graves .Employed by' Gesner.
Charles A. Graves was the second wit
ness called, and was also a new figure in
the trial. He stated that Jie .bad been
Count' Surveyor In Crook County, for six
terms. He had taken a claim upon the
suggestion of Gesner.
In June, 1502. so the witness Mated,
Gesner had come to him and asked for
his assistance In surveying timber land
near the sheep-shearing plant. Gesner
had told him that he had some timber
claims which he wanted surveyed, and
would like to have the corners marked,
as he was expecting persons to file upon
them in a short time. He had gone out on
one trip, and a second time, .a few days
afterward, had gone to the woods, where
he had met both Gesner and Williamson.
Both of the defendants had assisted In
making the second survey and had car
ried the chain in marking off the lines.
On the first trip Gesner had asked the
witness about taking a claim, and had
told him they were worth 5500 to him, and
that he would lend the money to pay for
them. Graves had Joked Gesner about
thinking he could get such valuable tim
ber land for such a small amount, so he
said, and the doctor had stated that he
would be satisfied If he could get the
lands for the amount named.
The witness had thought Gesner's propo
sition over, and at last he and his wife
had taken a claim upon the promise of
Gesner that he would furnish the money.
Graves and his wife had filed on the two
claims selected for th,em by Gesner. and
had paid the filing fees with money fur
nished by Gesner, giving notes for the
On cross-examination the witness stated
that he considered It a good plan to take
land under the agreement he had entered
Into. He could borrow the money of Ges
ner. get the land and let It remain until he
could get his price, then if Gesner wanted
to pay the high figure he would sell to
him, if not, to the man who would give
the most for the claim. He thought the
claims worth $1000 and Intended to hold
out for that sum.
On redirect examination the witness
stated that there had never been a mar
ket for the timber in that district and
was not now. Mr. Bennett tried to show
that the land was valuable for its timber
which could be marketed, but the witness
-denied it. stating that Prlnevllle had al
ways got Its lumber from another direc
tion. Henry Hudson's Story.
In the afternoon Henry Hudson was
called by the Government. Henry waa the
joker of the previous trial and he told
hi? story yesterday in his same humor
ous way. He had known the defendants
for a long time and had been Induced by
Gesner to file upon the land, being prom
ised $500 for his claim when patented. The
first time he had talked about the matter
he had met Gesner alone, the second time
he had met the Doctor and Williamson on
the street. Gesner had a. plat of the
land and had pointed out the claim be
wanted him to take up. The witness
had taken the land but had Intended to
sell It for 1WO to anyone who would
buy, though he had felt under obliga
tions to sell to Gesner because' the latter
lent him the money.
Gewer had written him a letter Just
about the tlae ho was ready to prove up
and had advised Mm to rellsqaish. teUlag
hi that he did not want to aet tato
traaWe with the Geverameat. JMgfas had
tM M that Gfver wawia " the
The witness toM .the same afory'ais at
CONFIDENT THAT .
Komura's Spokesman Says,
Japan and Russia, Both
INDEMNITY MUST BE PAID
Arrrral of Japanese Envoy In Xew
York Marked by Public State
ment oa .Policy of "the.
NEW YORK. July 23. That Japan will
demand an Indemnity of "Russia In the
negotiations for peace and that the war
will be declared at an end at the con
clusion of the negotiations at Portsmouth,
X. H.. next month. Is the belief of Baron
Komura, head of the Japanese peace dele
gation, who arrived here today, as voiced
by Almar Sato, who Is the official
spokesman for the Baron on this mission,
Mr. Sato, in an Interview tonight, said:
"I am confident that peace will be suc
cessfully negotiated by the appointed dele
gations. The Japanese will be guided by
moderation and no excessive demands will
be made, but the sentiment In Japan and
Bussla Is for peace and in the Interests
of humanity and propriety there must be
"The cost to Japan has been very great.
On both sides the loss In men has been
570.000. Russia losing 270,000 of these. The
war is costing Japan $1,000.(00 a day, and
there Is a feeling that there ought to be
Armistice Will Come First.
Asked as to the probability of an armis
tice. Mr. Sato said that probably would
be among the first questions the plenipo
tentiaries would consider. Basing the
form of the negotiations on previous
treaty negotiations. Japan will make the
demands for Russia's consideration, but
he said the peace terms, while held In
violate by those who knew their text,
were formulated by the Emperor of Japan
and his council. Mr. Sato was asked If.
In the flush of victory, the Japanese
people would feel entitled to more than
any treaty would alloy, and Mr. Sato
"The Japanese are not so gentle as to
abide by any decision, we may make, but
they pay -great respect to the" offices of
President Roosevelt and his acts have
done a great deal to emphasize the need
Mr. Sato further said that the Japanese
would prefer to have the negotiations In
the English language, as neither Baron
Komura nor himself speaks French. The
matter, however, would be settled after
President Roosevelt had met the two
representatives. As to the attitude of .the
Japanese members toward the Russian
delegates, Mr. Sato said:
"We admire M. WItte and Baron Rosen.
The announcement of M. WItte's appoint
ment to the peace party was more wel
come to us than that of any other person
could have been. We recognlre him as a
China Protected by Japan.
Of the future of China. Mr. Sato said:
"If the central government could work
In harmony wlht the dfstrlct or provincial
governments. China would become a great
power, but at present that seems to be
impossible." Japan's atltude toward China
was most friendly, said Mr. Sato, and
while maintaining no moral Monroe Doc
trine over the empire, she felt that It
was more or lees under Japan's protec
tion. This protection, by way of illustra
tion, Mr. Sato said, was "not so strong
over China as that of the United States
over South America."
Mr; Sato emphasized the announcement,
made frequently before, that Japan does
not seek territorial aggrandizement, and
on this point the speaker said:
"We want in Manchuria equal oppor
tunity, or what Mr. Hay called the 'open
In response to further questions, Mr.
Sato said Japan Is overpopulated. and
that in the opening of Manchuria and
Corca. an attractive field for immigration
would be nearer home than offered In
Hawaii or America.
Mr. Sato said that, while a desire for
peace was the sentiment of Japan. It was
not a desire for peace at any price.
"Japan is In a very prosperous condi
tion at present." he said, "and the war
taxes do not fall heavily upon the people
yet. There have already been subscrip
tions of J50.OCO,0CO to a new Internal loan,
and our prosperity Is further Indicated In
the success of our foreign loans."
As to Japan's attitude toward America,
Mr. Sato laughingly asked:
America Ally Without Treaty.
"You mean the yellow peril?" and then
became, more enthusiastic in his conversa
tion than upon any previous topic He
"We are almost boyish in our enthusi
asm and friendship for America. Wh-He
we are friendly with China as Orientals,
our greatest friends are America and
England. Why. the first raonuEscnt ever
erected to any foreigner in Japan was
that to Commodore Perry, and the policy"
and conduct of the American people for
the last SO years has been one of help
to us. We regard. America as an ally
without a treaty."
The question was put to Mr. Sato as
to any possibility of conflict with the
United States in the future, as suggested
by sotae American papers at the outbreak,
of the war, and Mr, Sato asfced what
ce4d bring- about such a cenlUct. Wh
It was suggested that Japaa might covet
the PfctttpfKne Iriaafe, fee Iswgatd Mali-'
Hy, and repMed that Japaa wm aot
hare the nMtepiaee as a rift, evaw
thomrh a fcotMK apetmpairlifr.le mft. f
Kqaanra:. aaax M Mrty
Ufal 'tlMi' fill, im,i - -
at once to the Waldorf-Astoria, where
they will be quartered until his depar
ture for Portsmouth. There was no dem
onstration beyond the presence of a few
Japanese merchants and members' of the
Nippon Club, who shook hands with the
members of the party. When the party
arrived In New York from New Jersey,
about 1& Japanese cheered the Baron as
he entered a carriage and waa driven
away. The Baron met his colleague on
the commission. Mr. Takahlra, Minister
at "Washington, and they lunched In the
Tomorrow President Roosevelt will be
officially notified of Baron Komura'a ar
rival and later In the week the Baron
will make an Informal visit to Oyster
There Is no stated programme mapped
out for the distinguished Japanese pend
ing the arrival of M. WItte. who Is ex
pected next week. Baron Komura will
accept no invitations to dinners or public
functions of any kind. Tonight he dined
informally with Consul-General Uchlda at
the Nippon Club.
CASS INT SEES YELLOW PERIL
Says American and Britain Will Be-
gret Japan's Ascendancy.
NEW YORK, July 3. Count Casslnl.
formerly Russian Ambassador at Wash
ington, expresses the opinion, according
to the Herald's Paris correspondent, that
all now depends on the Japanese and that.
If their demands at the coming peace con
ference are reasonable, peace Is assured.
Speaking of the Russian representative,
M. WItte. Count Casslnl said:
"I think this Infinitely Important task
could not have been intrusted to a better
representative. He Is a man of extraor
dinary capacity and of the finest charac
ter. He knows the Far Eastern question
as few men know It, and Is a patriot.
"Regarding internal difficulties, Russia
has now reached a critical moment In her
history, but America has bad such a mo
ment: .so has France. These difficulties
wilt disappear and Russia will be stronger
than ever. They are merely passing diffi
culties, .and it would be unwise to attach
too much importance to them."
Referring to the Chinese, Count Casslnl
"I like the Chinese. It takes years and
years "of worry and trouble to bring them
around to your way of thinking or to
induce them to enter into any undertak
ing, but once convinced they are loyal. A
Chinaman's word is as good as his oath.
"I speak with all caution and circum
spection, but am. nevertheless, afraid that
at no very distant date England and
America will have reason to regret this
war. They may have more to fear from
Japanese competition than from Russia."
ONLY SKIRMISHES AT FRONT
Russian and Japanese Reconnolter-lng-
Parties Engage In Fights.
FU3A2C. July 23. The past three months
with both armies has been the most inac
tive period of the entire -war. There
have been no engagements at the front,
the only encounters being thotj of recon
nolterlng expedition sent out fey both
arm!, similar to ornX, of last Friday,
with a small, total of losses.
The Russian and Japanese line are
seven miles apart. The Russians main
tain a screen of cavalry outposts some
miles In front of their trenches to guard
against attacks. Reconnolterlng forces
from both sides" traverse the neutral zone
frequently, feeling the strength of the
other's frontand making a small weekly
list of killed, wounded and captured.
The fight reported on Friday was the
first worthy of mention which has oc
curred east of the railway. Two Russian
reconnolterlng forces approached the Jap
anese line, one about 30 miles, the other
70 miles, cast of the railway. The first
contingent consisted of two squadrons of
ca-alrythe second of two battalions of
Infantry. Both retired after brief encoun
ters.' The Japanese sustained no losses, but
those of the Russians are supposed to
have been nearly 100.
In the first encounter the Russian cav
alry, with Its front side a thousand
meters long, advanced upon the Japanese
line until It came under fire, when It re
tired In confusion and the infantry ad
vanced. The Japanese fired ) rounds
with a captured Russian battery, when
the Kttnrtans retired, the Japanese lnfan
try following them for ten miles.
PORTO RICO ASKS REFORM
CONVENTION DENOUNCES PRES
ENT FOR3E OF GOVERN3IENT.
Wants Senate In Place of Executive
Council and Insular Officials
Appointed by Governor.
SAN JUAN. Porto Rico, July 25. Del
egates representing; 65 out of 66 mu
nicipalities of Porto Rico and both po
litical parties assembled in convention
here today to memorialize Congress
with a view of bringing about sweep
Ins changes in the government of this
The memorial to Congress adopted
frecltes that this is the seventh anni
versary of the American Invasion of
Porto Rico, and complains that the
preponderance of . power still rests
with an executive council composed of
heads of departments appointed by
"These heads of departments." It
says, "arrive here knowing; nothing of
the language, -customs or needs of the
couatry, and 24 hours after disembark
ing take their seats in the executive
council and determine the fate of the
The memorial calls for no change in
the composition of the House of Dele
gates, which consists of 35 members
elected by the people, bat demands Jhe
following- amendments to the Fo raker
First The organization of an insular
Senate, to be composed of two Senators
each from seven ericts. In place of the
Seeeod That the proposed Seaate and
hnm possess tae saaae Brmteges grant
ed m the House "under the Foraker law.
Third That the Secretary of Porto
Rica, the Attorney-General, the Treasurer,
the Auditor, the Cemwlt nloner .of. Edu
cation and the ComsafaMtoeer of the Interior-
continue la their present offices
u4r the preeeat tKlea, but that they
Zorm no part of the 'executive council
Sfearth That the officials named be ap
potated by tharOoveraor with the ceaaeat
of the Insular: gajft.le.-aod aot hy too
Pfsldent of -toevt&Jied States.
I Tfce eoRvoiUJoa aloo" aiiooted aootl-
f tioK for prosakmUotfi to the loaprtac
ojiaiaiait im cot - m h v use
WILL HAVE TO GO
Wasfiington Air Full of Rumors
of Graft in Printing
FULTON DEFEATS HOLD-UP
Man. Who Regularly Blackmails Sen
ators Fails With Orcgonian.
Depew's Influence With
OREGOXIAN NEWS BUREAU. Wash
ington, July 35. It Is universally believed
In Washington that Public Printer Palmer
will have to go. He may not be dis
missed, but there is every Indication that
he will be given to understand that his
resignation will be acceptable, and, like
the late statistician of the Department of
Agriculture, he may find that "his health
Palmer is at the head of the biggest
printing office in the world; he and men
under his charge make tremendous pur
chases of supplies each year; he has jur
isdiction over a vast corps of employes
pointers, compositors, pressmen, binders
and others and in each and every branch
of1 the Government printing office there
have for years been rumors of scandals,
large and smalL These rumors have been
more persistent of late than ever before,
and the Government printing office is In
ill repute at the National capital. Person
ally Mr. Palmer may not be directly In
volved In or connected with any of the
supposed scandals, but it is under his ad
ministration that the printing office has
attained such a bad name, and this fact
alone destroys his usefulnessas public
printer. For this reason. If for nothing
more definite. It is generally expected that
there will soon be a new deal In the
"Jim Crow" Scara on Railroad Bill.
In some sections of the country, partic
ularly In the South, there Is still a belief
that the Esch-Townsend railroad rate bill
Is to be revived at the coming- session of
Congress, although men posted, on affairs
In the National Legislature were long
ago convinced that this particular rail
road rate bill was dead beyond reviving.
The opponents of rate "legislation In the
South, hoping to work : ue sentiment
against the Esch-TownSend bill, have
given wicle currency to Ihe story that this
bill. If enacted into law, would give the
Interstate Commerce Commission power
to abolish the "Jim Crow" cars, so popu
lar throughout the South. The South In
sists that the negro shall not ride In the
same coach with the white man, and In
response to this sentiment Southern rail
roads provide separate cars for negro pas
sengers. Of course, anything like a threat
to dq away with "Jim Crow" cars Is
going to arouse the South, and already
much sentiment has been worked up by
the reports recently given currency. It Is
said, however, by members of the Inter
state Commerce Commission that that
body now has authority to abolish "Jim
Crow" cars, but that It has never exer
cised that power, deeming it Inexpedient
to Interfere with the South in its dealings
with the negro. But. this question aside.
there Is little danger of the revival of the
famous Bsch-Townsend bill, which passed
the House in the last session.
Fulton Defies Blackmailer.
Considerable attention Is being paid to
the exposure of blackmail methods that
have been pursued in New York City for
some time by certain notorious and nox
ious publications of that dty, and surprise
Is expressed that prominent business and
social men should submit to the terms laid
down by such publications. And yet that
very same method of blackmail has been
practiced In Washington at the beginning
of every Congress for the past ten years
or more, and there has been no outcry
from a single victim or intended victim
United States Senators, rather than run
the risk of being roasted or shown up.
have gone Into their pockets for anywhere
from $100 to JKOJ every two years, at the
dictation of as bold and villainous scoun
drels as ever worked a flimflam game In
At the beginning of every Congress these
bunco artists appear In the Captto!, call
on the various Senators, represent that
they are going to Issue some hook on the
lives of all Senators. Each Senator is
asked to furnish his portrait, "which the
company will publish free of coat If you
have a copper-plate engraving." Of
course no Senator has a copper-plate, so
It costs him anywhere from $0 to $09
for the plate. Something extra Is thrown
In for writing up a creditable biography.
But there Is not alone one hold-up artist
of this sort: there are usually three or
four at the opening of every Congress,
and It la a graft that Is worked as regu-
larly as Coagresa cem-enes.
Hardly a Senator has the nerve to turn
down these grafters, though Ihey met
their match In Senator Fulton, of Oregoa,
two Winters ago. He had heard of this
hold-up game. and. wbea the first repre
sentative of one of these fake paeiicatien
schemes pat In an appearance, he declined
to furnish his photograph, Ms biography
or pay .for a eepper plate. The ageat at
first tried to persuade hlsa that he waa
losing a rare, opportunity to attala,dis-
tlactlea. aw, waea tae aenaior suit, re
fused, the ageat used atroager terms.
and waa Monti y told to get oat. Mr.
Fuftea nerer suflfered Hi the least; he
saved himself a meat round saa which
other Senators threw away, aad he is
Just as well oa. better, la fact, than the
m who fooneWy allowed themselves to
he boM. ue. 'Aad yet. out of S3 Senators.
the grafters uooaUy set nearly an. ,
"Worth a boot am mockjaa Chojoatsy
Depew's taaftooaca with ProaJdoaC Roooe
volt." te'rb new exormtqwyln WooMe
toav to devote sooMtBoag ftbsotaoity dhraM
of value. It was evolved after the ex
posure of Depew's connection with the
Equitable, particularly his clever loan of
5360.CCO on a 320,000 security. The fact Is.
President Roosevelt has never been a
great admirer of Depew; Depew is not the
type of man to appeal to the President.
True, he has been shown to be a man
who "does things" or "does neople." but
not after the Roosevelt fashion. Imagine
Depew, now held up to the world as a
gold-brick artist, going to the straight
forward, honest Roosevelt and asktng
some particular favor, or making some
very serious recommendation. The Presi
dent would probably be inclined to laugh
at such a situation. Depew's Influence at
the White House for the remainder of his
Senatorial career will not be as great as
that of the nesro messenger who carries
cards to Secretary Loeb. Depew is a dead
one with this Administration.
Weary of the Elklns Xoke.
The West Virginia Republicans are get
ting tired of boss rule: they are tired of
wearing the yoke of Senator Stephen B.
Elklns. and are plotting to unseat their
political boss of the last decade and place
In power a man more subservient to the
will of the rank and file of the party. In
late years Elklns has been absolute dic
tator in West Virginia politics. Whatever
he said would go, with no murmur. But-
un fortunately Elklns did not always bear
in mind the wishes of his constituents;
he set up his own Judgment against popu
lar sentiment, and he had strength
enough to force the party to support him.
Now the party, or a large faction, is tired
of this Elklns rule, and a concerted move
ment has started to prvent the election
of Elklns to the Senate, and to give his
seat to another man.
It is too early to predict what the result
will be. but It Is certain that Elklns will
have no walkover In hl3 contest for re
election. And having two years ago re
fused to aid his colleague, who was then
struggling for a second term, he can ex
pect no aid from Senator Scott before the
next Legislature. Elklns has become a
prominent figure In the Senate: he Is
one of the best friends, of the railroads
in that body. His defeat would be a
serious loss to the railroad Interests, and
they will probably turn In at the proper
time and lend him a helping hand.
Northwest Postal Affairs.
OREGONIAN NEWS BUREAU. Wash
ington. July 23. Rural free delivery route
No. 1 has been ordered established Oc
tober 2. at jSprague. Lincoln County,
Washington, serving 110 people and 103
Curtis Heman has. been appointed post
master at Galena, Wash., vice C. B. An
Contract for Minidoka Ditches.
OREGON IAN NEWS BUREAU. Wash
ington. July 25. The-Secretary of the In
terior today formally executed a contract
with Hubbard & Carlson, of Boise, for the
construction of 34.3 miles of branch canals
and laterals on the Minidoka irrigation
project; price J121,-4!M.
CONTENTS TODAY'S PAPER
XESTER2ATS Harlmnm temperature. 8T
dez.; minimum. 38. Precipitation, nose.
TODAY'S Fair with nearly stationary tem
perature. Northwest winds.
The War la the Far Xait
Japan's position In peace ntjotlations stated
by Komura'a spokesman. Page 1.
Arralis only Cht outpost skirmishes.
Zemitvo Congress adopts vigorous address p
Czar, Paso 4.
Swedish HUudag proposes terms of disunion
to Norway. Page 4.
Chinese boycott ot American goods felt In
ShanshcL. Page I.
Redmond blocks buslnes sla Parliament.
Speculation on Emperors' conference. Page 4.
Porto Rico demands more share In govern
ment. Page 1.
Taft given ovation at Tolclo. Pag 4.
.Graft In Public Printer's office. Page 1.
Commander finds Bennington' Is sot a
wrsclc. Page 4.
Hiss Roosevelt rides surf at Honolulu, ad
mired by multitude. Page 3.
Barriman denies charges relating to Equit
able. Page 5.
Massachusetts official denounces big insur
ance companies. Page 5.
James Hamilton Lewis snubs Baroa Komura.
How Paper Trust cinches Twin City pub
Ushers. Page 3.
Successful raid on St. Louis bookmaker.
New Orleans tells truth about yellow fever.
Pacific Coast League scores;. Tacoma 4, San
Francisco 0; Los Angeles 7, Oakland 2.
Patrons of races make great winnings at
Brighton Beach. Page 7.
Talen upset at the races. Page 7.
Fine tennis games played. Page 7.
Signatures to applications for Oregon school
lands declared to be forgeries. Page 6.
Six Mazamas mase perilous climb to sum
mit of Mount Rainier. Page 8.
Mr. Bert Lacy, of Corvallis, Or., kills her
self with a rifle. Page 6.
Lawyer Collins takes his case before another
British Columbia. Judge. Page 6.
J". M. Mllner, of Salem, makes a murderous
assault on his wife. Page 6.
Commercial sad Martee.
Local trading In new crop grain. Page 15.
Resort on California, hop crop prospects.
Puget Sound relieves banana famine. Page 15.
Fluctuations in wheat at Chicago. Page 15.
San Francisco butter market unsettled. Page
Eastern wool markets gain strengths Page 15.
Stock market la hands of smaller profes
sionals. Page 15.
Norwegian stessaer 'Tricolor wrecked off
Cape MeBdeclso. Page 4.
Steamers Columbia and Valencia leave from
same dock for Saa Francisco. Page 4.
Lewis aad Civic ExeaHiea.
AdmtesloBs. 17,373. Page 19.
Eureka cadets gives Exposition feaaaer.
Page 1ft. , f-
Baker City aad Baker Couaty have great
day at Fain Page 19.
Great excursion parties coiajag frem Colo
rado aad Nebraska. Page 19.
PerU&ad aad VlefaiHqr.
Senator Mitchell sesteaced to six mestas la
Jail aad to pay fte -of Siwe. Pae 1.
F. H. Fegarty Is ae-leeted to succeed S. G.
FttUas. as assistant geaeral freight ageat
xt Fertlaad. Page 11
Dr. Lloyd, nrho iras elected as Biffcop-ce-adjater,
ill la PeaasyivaBbu Page 8.
IMserderlr hsasea may be proceeded agaiast
as pawle awsaaees. Fage is.
Brt efeoaea tt eatias by Juveaile Coart.
Day's PToastWww m Wl-lMamae ease
BB) bm tie cMek-ia Prtlad. PaeM.
Laae'Sasdcea Waascr aasry: Psa 14.
Scalpers -work tott. Wn Jtm court. 9gcM.
YTtirm- saathsr alaaoat at aa aad, says.
lWar lama Faa IX
Six Months in Prison
and $1000 Fine.
BARRED FROM ANY OFFICE
Judge De Haven Imposes the
AGE TAKEN INTO ACCOUNT
Objection to Pronouncing Judgment
Made by ex-Senator Thurston la
Overruled Will Appeal to
the Supreme Court.
MITCHELL 13 SEXTKN CED.
"It will be sufficient to say that in
reaching a conclusion as to the proper
' Judgment .to be given I have given
consideration to the age cf the defend
ant which may be properly taken into
account in mitigation of punishment,
and to the fact that the offense is de
fined in the statute as a misdemeanor
and not as a felony, and to the fur
ther fact' that the legal effect of the
Judgment is to forever disqualify the
defendant from holding any office un
der the Government of the United
States. In view of this fact and con
sidering also the nature of the de
fendant's offense, as disclosed by the
evidence, the Judgment of the court is
that the defendant be imprisoned for
the term of six months in the county
Jail of Multnomah County, in this
city, and pay a. fine in the sum of
John H. Mitchell, senior Senator, ot
Oregon, has heard from the court of
the United' States th penalty to he
inflicted upon him for violating the
Federal statute which forbade him. to
receive pay- from private individuals
for public services. Six months ot his
age must be passed behind the bars of
Multnomah County prison and a fine ot
S1000 must be paid. Moreover, he is
barred forever from office ot trust and
position of honor lor of profit in the gift
of the people of the country he has
aerved for many years.
This is the time fixed for pronounc
ing judgment in the case of the United.
States against MltchelL Has the de-,
fendant anything to say why Judgment
should not be pronounced?" Judge De
Haven opened the morning session ot
the Federal Court -with these words,
yesterday, and the eyes ot the close
packed courtroom turned with one' ac
cord to the convicted Senator sitting
beside his attorney within the raiL
Flushed of face and trembling withr
emotion, though striving with the o id
time spirit to retain his self-control.
Senator Mitchell arose and faced ths
court. The ring and power had gona
from his voice, the droop of his shoul
ders denoted defeat and loss of hope,
.but In his eyes still shone the defiant
mind that has often struggled and con
quered against heavy odds.
Mitchell Speaks In Court.
"May it please the court," the de
fendant said, "I am represented hers
by counsel, who represent me and will,
speak for me. "What they say will her
precisely what I would say had 1 nc
counsel and were I to appear in propria
persona hefore the court." For the
first time since the beginning of ths
trial the voice of the Senator was
heard in these few words, which gave
place to the argument and pleading ot
his counsel. Senator Thurston.
Senator Thurston, after the defend
ant had been seated, addressed the
court in behalf of his client. He. pre
sented what he considered to- be the
rights of the convicted man under the
law and. the Constitution ot the United"
States, and the reasons why judgment:
should not he entered by the court at
the present time.
"May it please the court," he said
"at this time we simply desire to pre
sent what we consider to be one of tae'
legal rights ot this defendant, as fol
lows. And If the court shall see fit to
overrule our objection to the entering,
of the judgment, we will submit an ad
ditional bill of exceptions so that It
may be made a part of the record. The.
defendant insists that -under Section &
of. Article 1 of the Constitution of.
the United States, which provides that
Senators shall in all cases, except
treason, felony and breach of th
peace, be privileged from arrest during-,
their attendance at the session of their
respective houses, and In going: to aad.
returniBg from the same ha fa privi
leged from judgment at this time?
The attorney then contfaued la his'
argument and contended that t. ha Coa
stitatiaa gave safeguard t his eUac'
frm punish-sent or imprisonment. He
argaed that accordfag to the, provls- "
leas of the Ceaatitutioa it waa ua-
lawful to interfere la- aay way with
the freedom of a Senator, er to prWaat -him
from attendance -upon the sessions f
f the Cesgrees, thus depriving" th
State ot pregea ef a representative. In
the upper house ef the aatioaal legis
lature. Cn-resen were yrhrtteged
from arreet Muring- their attendance
' iCeitclwU o Pa '1L