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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Aug. 1, 1905)
r 1 ' - 4 mmm YOL. XLV.-XO. 13,930. PORTLAND, OREGON, TUESDAY, AUGUST 1, 1905. PRICE FIVE CENTS. HENEY LETS FULL SCATHING f OS Severe Denunciation of Defendants. "AFTER THE, BIG FISH Jf Tampering With Witnesses Is Charged to Defense. CASE FULL OF EVIDENCE Judge Bennett Objects and Heney Quotes Shakespeare Answer: "The Galled Jade Winces." 3Ir. in Scathing in his denunciation of graft In public life, merciless in his arraign ment of the motives of the defendants, severe in his charges against the attor neys for the defense, dramatic In his earnestness of speech and effort, Francis J. Heney made his argument yesterday in presenting the case of the Government in the WilUamson-Gesner-Blggs trial to the jury. t Those high in public life who used their offices for private gain and for the prac tice of Illegal business were held up be fore the jury as men worse than thieves and robbers. "It has been intimated by the defense in this case," said Mr. Heney, "that I have told the witnesses when they came before the grand Jury as wltnessos that I was not after the little fish, but after the big ones. It has been insinuated that back of my movements lurked a political mo tive, but I need only to bring this to mind for you to know how false it is. Though the defense hasvnever been able to get a witness to say that I told him I was after the big fish, I will say It myself. I am after the big fish, and as long as there is a hook and a line or a bit of tackle In the Government box I will keep after them. Graft Is ruining Russia today-; rufcied Bvng,? jiwjjt miT4 of, the world, and, unless the juries of the Nation sustain the lawa of the United States, graft will ruin this country." Turning to the defendants and their mo tives, the attorney held that when a guilty man. attempts to provide defense for himself he always hews as close to the truth as possible. "But crime leaves Its scar upon the conscience and the mind," said Mr. lieney, "until if we open wide enough the windows of the soul we can see the markings left. It is this consciousness of scar that has led the defendants In this case to plan the defense they have. I am after the big fish; I do not want the poor devils who have been seduced through the influence of power and wealth. I want the big fish. One millionaire in the penitentiary Is worth one thousand of the poor devils he bought, as an example to the world." Hcncysores the Defense. As he passl from point to point in his address, Mr. Heney scored the de fense ajid the attorneys In plain and un measured terms, to all Intents and pur poses charging that the witnesses for the Goverment had been tampered with .and Influenced not to tell the whole truth be fore the Jury. "They try to suggest that the witnesses In this case have been 'treated by the Government in the offlco of the District Attorney, In my office," continued Mr. Heney. "That is my of fice, and it is a public office, but have they done a single thing to prove their insinuations? It Is done because they aro trying to poison the minds of the Jury; because they are Judging me by them selves. They hg.ve not placed the saloonkeeper and the brother-in-law of Gesner upon the stand to deny that he had long and earnest conversations with the witnesses, and that many meetings were had by Gesner and the witnesses in the saloon. "The case is reekinc with evidence that the witnesses have been tampered with," thundered Mr. Heney. "and by this I do not mean the defendants alone, but their attorneys as wey. Mr. Bennett has made his assertions. Judging others by himself, but when my honor is attacked I propose to reply." The speaker then went over the testi mony of several of the Government wit nesses, showing them to have been asso ciated with the defense In one way or an other during the trial. He called up the case of Pearl Vanderpool, who had ad mitted having paid several visits to the apartments of Williamson and Judge Ben nett, where she had conversations with them. The meetings of other witnesses at the Morrison-street saloon were also described. During the attack upon him. Judge Ben nett arose to enter objection to the re marks being made by Mr. Heney. The court held that the speaker had a right to give his version of his case, and of the incidents shown by the trial. "Shake speare says," said Mr. Heney, as that smile that bodes no good for its object spread slowly over Tils face, "Shakespeare says that "The galled Jade winces.' Just as a horse winces when its back is sore and a heavy load Is placed thereon, the galled jade winces. But before I get through I will bear down so hard and so often that my Brother Bennett will get used to the pain and will not know where t hurs the worst." H. S. Wilson's Piea. H. S. Wilson began the address for the defense about the middle of the after noon, and held the jury until 5 o'clock with a scholarly and earnest appeal for his clients. There was no oratory In his address, other than that coming from earnestness of utterance. He pleaded for his clients on account of the reputa tions held by them In the past- They had been boys in the country, had grown to manhood, and their hair had begun to grow white before the least breath of sus picion -sullied the purity of their at mosphere. Men with such good reputa tions and with such records for honesty would not bevguUty of the things charged in the Indictment. Mr. Wilson paid a compliment to the secret service of the Government In pass ing. "We are surrounded by a cloud qf these special agents, as they style them selves," he said. "There are no common whelps, or curs, or yellow dogs in these: all are bloodhounds of finest breed. They are here to make a reputation for them selves and do not want to find the man who Ss innocent half so much as the man who is guilty. These men swing their statements to the side of guilt whenever It Is possible, for convictions moan suc cess and promotion." The speaker then attacked the Govern ment detective service as ridiculous. "I suppose that it is a decent business," he said, "but as long as there are postholes to dig, I know of one "Wilson who will prefer the postholes to the task of hang ing around saloons and tagging behind people to see what their motives are in life." "Mr. Heney has not said anything against me," continued the attorney. "He has only mentioned Judge Bennett, and as he Is after the big fish, I am Immune. But I leave it to you men who have lived your lives in this state, and who know Mr. Bennett, to Judge if the attack upon him is Justified or has in it anything of truth. "Who is interested in Pearl "Vanderpool to the greater extent, those attorneys and these defendants, who haw known her from childhood until now, or this gentleman- from California, who could not got her to testify as his case needed? And Judge Bennett is accused by Infer ence of the crime of subornation of per jury, a man whom every one in the statfc knows to be honest and honorable. It was all done for a purpose, for Heney wants conviction by any mean?, whether Innocent or guilty, right or wrong." Mr. "Wilson began to attack Mr. Heney for having Insinuated that the defend ants seemed to think the Jury was settled by some means toward their favor, when the court was adjourned until 9 o'clock this morning. Ernest Starr Testifies. Ernest Starr, the. nephew of Mr. "Will iamson, who has been sought for the past week as a' Government witness, was placed upon the stand when court was convened yesterday morning, at 9 o'clock. Starr was reluctant and forgetful, and did not make even so good a witness as he had at the previous trial. When asked by Mr. Heney as to what "Williamson had said to him In regard to the testimony given at the previous triil, the witness stated that the defendant had told him he had lied. Starr told in part the same story as he did in the first trial, and said he had taken a claim at tie suggestion of Gesner. who had told hint' he would give $500 for the claim when patented. "You said at the first tyial that you had Intended to convey the claim to Gesncr as soon as patented, did you not?" asked Mr. Heney. "I don't know," Starr replied. "I was pretty badly scareo I had never been on the witness-svtnd before." The wltnes-s stated tiat he had filed on claim. a.d had intruded to convey it w? Gesncr. Judge Bepwtt asked him If he told Gesncr he nould file upon the claim, and the witness said he did not re member. The witness stated, that alter the other trial he had gone to the office where "Williamson was and had told his uncle that he supposed he would not be wanted at the camp any mor. Williamson had told the witness he did not know what to think of him, but that the matter of his work would be loft to Gesner. He had then held a conversation with Gesner, and had started for the camp. He had gone to the camp and had come back for a load of provisions before hearing that he was wanted as a witness by the Government. On redirect examination the witness stated that he had arrived In town on Sunday and had been met at the Bast Side station by his brother. Chester Starr. He had walked with his brother to the Fed oral building and had then been told he could go home. "O'Leary told you that an officer was after you when you got back after the provisions?" asked Mr. Heney. "yes," re sponded the witness, "and he told me that he had ' handcuffs with him. I didn't propose to be handcuffed." The defense put Dr. Gesner upon tho stand and the witness told of Starr's hav ing come to him about an investment for some money he had in the bank. Gesner had suggested that he might take up a timber claim, but he had never told him that he would buy it after title had been gained. Mr. Biggs denied, upon the stand, that Xcuhauscn told the truth in testifying about him the previous day. He contend ed that tho Government official had told him he had done no wrong and that his claims would be passed. Heney Begins Argument. Mr. Heney commenced his argument at 9:S0 in the morning and closed at 3:36 In the afternoon. His addross was. a forceful one and at times almost bit ter in Its earnestness. He stated In opening that he would not argue the case at all did he riot think It was his duty so to do. He contended that he had set out what he intended to prove in his opening statement and argued that he had proved It. while on the other hand the defense had filled its time with remarks made to prejudice the "minds of the jurors. Mr. Heney contended that no lawyer took pleasure in prosecution, but that it was a duty which had to be done. The attorney -charged that the firm of Williamson & Gesner had been behind the sheep-killing In which Mor row and Kcenan had lost 600 head of sheep and had been forced out of busi ness, while the first firm took the lands leased by the misfortunate ones. It was also argued that the defend ants Biggs and Gesner had seemingly agreed In the plan of the defense to do all In their power to shield "Will iamson, who was, In fact, the brains of the conspiracy and the most guilty of all. The .evidence showed Mr. Will iamson to be the guiltiest of the three. It was his head that had planned it. He had gone with Wakefield to Prlne vllle. He had talked over with Ges nor. He had planned what lands to take and had negotiated the" loans, nil the time keeping under cover of Dr. Gesner. the scapegoat. Biggs had said he did not dream that 'Williamson was in the scheme. Yet "Williamson and Gesncr and Duncan and Mrs. Biggs and Mrs. "Williamson and all the others got the timber craze Just at the time Williamson was In Prineville looking over the lands and conferring with Gesner. It Is expected that Mr. Wilson and Judge Bennett will ocoupy all of to day. If such Is the case. Mr. Heney will close on Wednesday morning, and the case will be sent to the jury by noon, perhaps. If. however, the argu ments of the defense should be brief today. Mr. Heney would be able to close within an hour, and it Is thus possible that the case vUJ be given to tfie Jury tonight, . REVOLUTION IN FORM OFWORSH Revised Presbyterian Prayer Book Copies That of the Episcopal Church. PASTOR SAYS ABSOLUTION Special Services for All Occasions Closely Following; Episcopal Forms Consecration of Communion Elements. CHICAGO. July 31. (Special.) Presby terians of this city today expressed their astonishment at (the radical chances In the prayer book, editions of the revised book appearing here today. "The Book of Common Worship" was compiled by a committee of ministers and elders and is to be offered to such congregations as desire a liturgical form of worship. It is a vers close copy of the Anglican Episco pal service and approves many things for which the forefathers of the Presbyterian Ism have fought and withstood persecu tion. One of the startling features of -the "Treasury of Prayer," a part of the new book. Is prayers for Advent. Good Friday and Easter. Complete forms are, given for morning and evening service, for the celebration of holy communion, for tho administration of baptism, burial of the dead and the solemnization of marriage. All these are new. Wife Need Xot Obey. Quite as radical is a change in the mar riage service, from which the church strikes out the word "obey" and substi tutes therefor "covenant." Xelthor man nor woman Is required to pledge obedience to the other. Here is the new pledge: "I X, take thee M, to be my wedded husband; and I do promise and covenant, before God and these witnesses, to be thy loving and faithful wife In plenty and In want. In Joy and in sorrow. In sickness and in health as long as we both shall live." Consecration at Communion. ' There is a complete" form for the cele bration of the holy communion. Provision is made In this service for the laying of j iiiua ui i ue minister upoa me pwie a: Hi i the cup. thue practically prondtn.; far direct consecration, a hitherto unusual proceeding, though one authorized bythe Westminster directory. In "the order for morning services," which corresponds to "the order fdr dally morning prayer" in the Episcopal Chuch. the service opens with the reading of one or two sentences from the Scriptures. This Is done In the Episcopal Church, but the Presbyterian committee has made an entirely new selection of sentences. An Invocation by the clergyman follows, tak Ingj the place of the woll-known "Dearly beloved brtheren, the Scripture moveth us in sundry places, etc.." of the Episco pal service. Absolution "by the Pastor. The Presbyterian clergymen will deliver the "absolution" as follows: "Almighty God. who bath not appointed us unto wrath, but to obtain salvation by our Lord Jesus Christ, and doth freely pardon and forgive all who repent and turn to him; now fulfill In cverycontrlte heart the promise of redeeming grace, remitting all our sins and cleansing us from an evil conscience, through the per fect sacrifice of Christ, his son; and keep us evermore In the peace and Joy of a holy 'life, that we may love and serve the God of our salvation; In the name of the Father, the Son and the Holy Ghost, amen." Confession as In Episcopal Church. Old Presbyterians who had a glimpse of the book today are shaking their heads over the "confession of sins," which takes exactly the same place In the serv ice that the "general confession" does In the Anglican liturgy. Immediately fol lowing the confession by the people comes "the assurance of pardon." to be said by the pastor, "the people still bowing down." This assurance differs. In effect from that of one form or absolution used in the Episcopal Church, chiefly In that it employs the pronouns "us" and "our," instead of "you" and "your," thus re lieving it from the suggestion of being a direct pronouncing of absolution for the people by the priest. The "gloria patri" has been Introduced In the service; provision is made for the reading of a lesson from the Old Testament and one from the New Testa ment. A hymn follows the lesson from the New Testament and then comes the Apostles' Creed, decidedly an Innovation In Presbyterian Churches. In many other particulars, the new book follows closely the lines of the Anglican forms and cere monies. TAFT PART? AT NAGASAKI "Welcomed by All Officials anil En tertained by Consul. NAGASAKI. Aug. 1. The steamer Man churia arrived here at " o'clock this morning. The Governor. Mayor and other officials went aboard and extended of ficial welcome to Secretary of War Taft and Miss Roosevelt. The party landed at 9 o'clock and lunched at the American Consulate. Hummel Tries to Avoid Trial. ALBANY. N. Y July 31. An appeal of Abrafiam H. Hummel, from a decision of the Appellate Court, denying his applica tion for a writ of prohibition to restrain a Justice of the Supreme Court from trying him on three indictments found by the grand Jury of New York County on alleged conspiracy asd iubornatlon of ctr- Jury in the Dodge divorce case, was filed with the Court of Appeals today. He seeks to prevent a trial of the charges on the ground that the indictments were Illegally secured. COAL TEAMSTERS HOLD ON Vote to Continue Strike May Wreck Hope of Peace. CHICAGO. July 31. With the capitula tion of the striking teamsters nearly com plete and the release of Chicago from the oppression of the long labor war practi cally assured for today, a handful of coal teamsters have wrecked the well-developed peace plans.- The coal-drivers, 350 strong, voted unan imously to continue the strike. As a re sult the Employers Association, It is said, may close the doom to thousand? of its former employes who were to have been re-engaged today. The strike era, with Its police-guarded wagons, will also con tinue indefinitely. Innumerable protests from other teamsters' locals failed to shake the coal-drivers in their determina tion. ALL BRIDGE-MEN MAY STRIKE Thirty Thousand Men Throughout Country May Drop Tools. NEW HAVEN', Conn., July SI. Accord ing to an announcement made here today Frank Buchanan, international presi dent of the Structural Iron and Bridge men's Union, has informed the local union, which has an alleged grievance against the American Bridge Company, that. If it thinks it advisable, he will call a general strike. Employment of non union men on a 'railroad job in this city by the Boston Bridge Company by the subcontractors, is the cause of the local union's strike. At the meetlnc of the local union to night. It was voted to have National Vice-President Wardln call a general strike, and for this purposo he wilL go to New York in the morning. Whether the strike will be called by President Buchan an is not known, although It Is known he Informed the local men that he would consider the action. If a general strike of the brldgeworkers Is called, it is said that about 30.0 men will be affected throughout the country. NOT OUT FOR MAYORALTY Jerome Announces Candidacy for District Attorney Once More. NEW YORK, July 31. District At torney Jerome tonight Issued a formal statement. In which he declared that he Is a candidate for the office of Dis trict .Attorney and that he does not desire to be a candidate for the office of Mayor of New York. Arkansas Declares Quarantine. LITTLE ROCK, Ark., July 31. The Arkansas State Board of Health tonight declared a quarantine for this state against all places where yellow fever exists. CONTENT?" TODAY'S PAPER The Weather. TESTER DAY'S Maximum temperature. 50 de?.; minimum. 5S. Precipitation. nen TODAY'S Partly cloudy. Seuth to west wind. The War In the Far East. Japanese people wlh to continue war. Pace 3. Czar say be wilt mak no dishonorable peace. Pate X Baron Resen arranges for .Wltte to meet Roosevelt, race 3. JToreJcn. Closing of Baltic Sea acred "on at eonfer nee of Emperors. Paee" -. War between Germany and Britain orer Baltic Sea declared Imminent. Pace 2. Sweden and Denmark not favorable to eloaed Baltic. Pace 2. Kaiser visits King Christian. Pace 2. Date set for meetlnc of Russian national as sembly. Pace 4. Germany steals march on' France In Mo rocco. Pace 2. National. Secretary "Wilson will not resign and plana reforms in his department. Paze 3. Bennincton court of Inquiry meets. Page 5. Santa Fe answers chare es of clvlrtc rebates. Page 5. , DomMtlc Major Johnson breaks up Cleveland horse races. Pace . Proposed radical chances in Presbyterian prayerbook. Page 1. Larce excursion comlnc from Chicago to Portland. Pace 3 New York State sues Equitable directors to make them repay money they crafted. Paxe 1. More deaths from yellow fever at New Or leans. Pace 3. Swirfj packing-house at St. Joseph burn ing. Page 1. Sport. All the favorites lose at the races. Page T. Pacific Coast. Pacific Coast must pay price of boycott, say Seattle Chinese merchants. Page 0. British Columbia Judge admita documentary testimony in trial of Lawyer Collins. Page C Oreson Supreme Court awards pacing stal lion Diablo to Mrs. Emma. Murray. Pace 6. L. C ScovelL, veteran stagedrtver. dies at Salem. Page 6. Tacoma to be a closed town to gamblers to day and hereafter. Page uV Commercial ud Marine. Ample supply "of all, kinds of melon in lo cal market. Pace' 13. Opening prices' on cats expected soon. Pace 15. More diseased fruit seized by Fruit In spector. Pace 13. Failure of crop In Russia province ad vances prices at Chicago. Page 13. San Francisco potato market depressed. Page 15. Stork prices steady under profit-taking. Page 15. Portland shippers watch Chinese boycott fearfully. Page 14. Flour and lumber shipment for July. Page 14. Launches of ail sizes to be assessed. Page 14. Lewis and Clark ExpoItloB- ' AdmIelons. 15.005. Page 10. Plan to save Forestry building- to Portland and to build Lewis and Clark memorial structure. Paxe 10 Portland and Vicinity. United States District Attorney Heney In his opening argument for the prosecution ac cuses defendants In Williamson case of tampering with witnesses Page 1. Aesessar Slgler announces the population of Portland as returned by the census Just taken as 111.000. Page L Drunken man runs amuck and shoots at children on street. Page 16. Co-Operatlve Christian Federation buys French Glenn ranch for 51.S00.O0O. Page 11. July the heaviest month In police history. Page 10 Churchman writes in defense of Dr. Lloyd. " Page 11 Scalperje on argument. Page 5. JttdrBBBsMn has a busy month. Page 10. 3lldated will be asked to re sales chiase. Page $, CENSUS CIS " POUTUN DT10 .500 Few Hundred Near St. Johns in Annexed District Not included. " EAST SIDE GROWS FASTEST Increase in the Five Years Since the Federal Census AVas Taken Is Slightly More Than 22 Per Cent. The present population of Portland, according to semi-official returns re ceived by the County Assessor yes terday, approximates 110,300. which will not vary 300 from the official figure. This shows a gain of 20.000 since the Federal census of 1VOO. and Is equivalent to an Increase of more than 22 per cent. The Assessor has been extremely careful to refrain from all "stuffing" of the returns, and the figures Indi cated are looked upon as the most anthentlc ever" given In connection with the actual number of inhabitants In this city. Complete returns of a semi-official char actor received yesterday by County As sessor Slgler from every precinct in tho city, with the exception of the one cm braced In the recently annexed territory near St. Johns. Indicate that the present population of Portland Is about. 110.500. The official figures, which the Assessor says will be available either at the end of this week or the fore part of next, will not materially alter this estimate, the few hundred from the St. Johns region, together with the necessary checking up of the returns already received, probably affecting the result to the extent of about SO). While it is extremely difficult to make any authentic comparative estimate rela tive to the growth of any particular sec tion of the city, on account of the change- In boundaries of the dlffierent precincts since the Government census of 1500, it Is believed that the East Side has felt the increase more "perceptibly than any other 'portion, although the Willamette River makes about .an equal division, here, there being no more, than 3C0O difference one way jot the other. It Is. known that there are S3.SS6 on the west side of 4he river, including about 400 Japanese and 2200 Chi nese, while the population of the other side of the river amounts to approximate ly iSJHS. counting about E00 Japanese and Chinese. This would give a total on both sides, irrespective of the St. Johns dis trict, of 1MW"4. awl embraces a return of 1S01 from the new Mount Tabor region. Indicates Healthy Growth. These figures Indicate a gain In popula tion of more than 22 per cent during the post five years, and Is certainly a healthy growth, to say the least. It represents an actual Increase of upward of 20.000 over the census of 110), when the city had a population slightly In excess of 90,000. There were 24.620 registered voters at the tat municipal election, and basing the present population upon an approxi mate total of 113.500 would give an aver age of about 4.45 persons to each voter. A significant feature of the situation ex ists In the fact that while there were 14.072. voters registered from the West Side, as against 10,54? on the Bast Side. SECOND OF RUSSIAN PEACE PLENIPOTENTIARIES . L .sWVbKsbsssssssssssssssss I RATION ROSEN. RUSSIAN AMBASSADOR TO UNITED STATES. there are approximately 2500 more resi dents In the latter district than the for mer, this phase of the matter being ex plained upon the hypothesis that the East Side Is a community of homes, while the population of the "West - Side Is drawn more from the "boarding-house" class. Albina Most Populous Precinct. The most populous precinct In the city Is No. 55. In Albina. with 4637, while No. 22. embraced in the territory bounded by Main street on the north. Jefferson on the south. Seventh on the east and Four teenth on the west, has the smallest num ber of people within its limits, there be ing a total of only 446. This Is essen tially within the hearf of the so-called boarding-and rooming-house belt, and one that would, most likely be shunned by President Roosevelt except for mission ary purposes. Although Precinct 22 has a population of only! 445, tnere were 130 voters regis tered therefrom, while Precinct 35. with Its 46S7 people, could only, muster 361 vot ers at the recent election. ROAST BEEF AND CHICKEN COSTLY FREE BARBECUE GIVES BY SWIFT & CO. "Whole .Packing-House at St. Joseph Threatened With Destruction by Furious Fire. " ST. JOSEPH. Aug. 1. Fire which start ed about 1 o'clock this morning In the beef beds of Swift & Co.'s packing plant at South St. Joseph has completely de stroyed the poultry department, which Is said to be the lareest In the workl. The beef beds are also entirely consumed. The fire spread rapidly from the beef beds to the poultry department, and a second alarm was Immediately turned In. Five hose companies were soon on the ground and made a hard fight to get the flames under control. At 1:45 the lire was still burning fiercely, but was said by the officials of Swift & Co. to be under control. At 1:55 the fire acain got beyond con trol, and was said to be spreading to the ollrooms. If the flames reach the oll rooms. there Is little chance of any of the buildings being saved. At 2:25 A. M. Swift & Co. estimate the present loss at $250,000. CAMERA FIEND IN TROUBLE Committed for Trial for Photo graphing Forts in Jamaica. KINGSTON. Jamaica. July 31. The In vestigation before a magistrate today of the case against Dr. Franklin Clarke, of Boston, who Is charged with wrongfully obtaining a photogranh of the .fortifica tions at Port Royal, resulted irr Dr. Clarke's being committed to trial before the Circuit Court, which will be held 'the end of next month. A British noncommissioned officer, who .assisted him In .gaining entrance to the fortress, will be court-martialed. Dr. Clarke, who Is an Americanand a graduate of a medical school In Boston, was arrested at Kingston on July 17 last. He was caught taking photographs of the forts in that vicinity. He went to King ston last March, and claims merely to be an amateur photographer. Bastille Day In Tahiti. PAPEETE. Tahiti. July 10. vfci San Francisco. July 31. The French national fete commemorative of the fall of tho Bastille was observed In this place by the resident of French Occanlca with more than usual enthusiasm. Three days were devoted to the festivities, and during that time the population of Papeete, the capi tal, was Increased by fully 5000 visitors, and the city looked remarkably clean In new coatings of whitewash and green paint. Early In the month Governor Julllen. with his family, made trips In various directions, inviting the natives to attend the celebration as a token of tholr loyalty to France, and offering them free trans portation from the outlying Islands. Tho result exceeded his expectations. " RESTORE THEIR LL-GOTTEN GAIN; Suit Against Directors of Equitable. STATE OF NEW YORK ACTS Long Recital of Graft Mismanagement. and ACCUSE KINGSOF FINANCE Attorney-General Calls on Officials to Account for and Repay Money Wrongly Diverted From Policy-Holders. NEW YORK. July 31. An action was instituted today by State Attorney-Generals Julius Mayer In the Supreme Court of Xew York County. In the name of tho people of the State of Xew York, against the Equitable Life Assurance Soclefj. IU officers, directors and members of "tho executive and finance committees, all of whom are named In the complaint. ( The defendants are the Equitable lafo Assurance Society of the United States and James W. Alexander. Louis Fitzger ald. Chauncey M. Depew. Henry C Dent ing. Cornelius N. Blls. Georgn H. Squire, Thomas J. Jordan, Charles M. Smith. Valqntlne P. Snyder. Alvin W. Krech. "William Alexander, John Z. McCook. James B. Forgan. James H. Hyde, Alex J. Cassatt. Jacob H. Schlff, James J. , HUKT. Jefferson Coolklge. Alfred G VariHerbllt. John Jacob Astor. William. C. "Van Home. Gage E. Tarbell. Marvia Hughltt. Charles B. Alexander, Thomas Dewltt Cuyler, ilarcellus H. Dodge. J. F. De Navarro, Bradish Johnson. Joseph P. LowejArtin A. Stewart. E. H. Harri man. Lel. Morton, Augujit Belmont, D. O. Mills, Robert T. Lincoln. George J. Gould, John Sloane. George T. Wilson, Thomas T. Eskert. William H. M'Intyn, Henry W. Alexander. H. C. Prick. Sam uel M. Inman. H. C. Haarstlck. David. H. Moffatt and Henry R. Winthrop. A week ago. before the papers were completed. Edward H. Harriman. on tho eve of his departure for Japan, accepted service of the summons In the proposed, action, and today many ofhe other de fendants. Including JamesTC Hyde, wero served through their private counsel. Tha defendants are allowed 20 days from the time of service to flic their anowers. Account for and Repay Plunder. The complaint contains 21 sections ancl covers 3 pages of typewritten matter: refers to the Prick committee report and the Investigation made by State Insurance Superintendent Hendricks: it is based on: Information and belief, and the Attorney General In hls prayer to the court says that the action was brought in behalf of the people of the State of Xew York: In tho public Interests and pursuant to the provisions of tho law. He therefcra asks: ' First Tha't the defendants, each ot them, other than the defendant the Equi table Life Assurance Socloty of the I'nltedl States, account for their official conduct in the management and disposition of tho funds and property committed to thehr charge. Second That the individual defendants and each of them be compelled to pay the defendant, the Equitable Life Assur ance Society, any money and the valuo. of any property which they or any o them have acquired to themselves or transferred to others, or lost, or wasted, by a violation of their duties. Third That any defendant or defendants? now director or directors, or officer In tha defendant society, upon proof of miscon duct, be removed and that a new election be held by the board of the defendant society, purely authorized to hold same, in order to supply the vacancy or vacan cies created by the removal. Fourth That the net surplus of defen dant society, after deducting a sufficient amount to cover all outstanding risks and obligations, be paid to. or credited f or applied for the benefit of, the presertt policy-holders in the Equitable In propor tion. In accordance with the charter and with the law. 5. That the plaintiff have such other further relief as may be just, equttablo and profitable. Neglect of Duty and Grafting. The complaint charges that the indi vidual defendants, disregarding their duty to the society of which they were directors, "negligently. Improperly and improvldently performed such duties and have habitually and continuously done or suffered to be done, wrongful, llegal and Improper acts, whereof the defendant society has suffered great loss and dam age. The individual defendants are further charged with having "acquired to them selves, or caused or permitted to be transferred to others. In violation oC their duties, money, property and tho value of property belonging to the de fendant society." . Section 10 of the complaint deals with the lease of premises in Xew York to tha Mercantile Safe Deposit Company, tho rental of which is declared to have been. Inadequate and the Items of the lease greatly to the disadvantage of tlsj Equitable Society; furthermore, that James H. Hyde, James W. Alexander. Goge E. Tarbell and other defendants were directors In the Mercantile Safa (Concluded on Fifth Fase.J