ttittintan. VOL. XLV.-O. 13,931. PORTLAND, OREGON, WEDNESDAY, AUGUST 2, 1905. PRICE FIVE CENTS. ENNETT'S REPLY IS MIST CAUSTIC Counselfor Williamson Attacks Heney. . MPUGKS HIS .MOTIVES Stinging Remarks Made by Attorney for Defense. QUERY AS TO BIG FISH Asks Why Government's Prosecutor Docs Kot Go After Plllsburys and Millionaires Who Pillage the Xation. "Heney .says that Biggs la a lawyer, and a crooked one, and he does it to arouse in your minds that prejudice -which many men hold against lawyers, but I maintain that it is a base thing for a man to arouse prejudice against a brother lawyer in this way. Mr. Biggs may not be a good law yer. Perhaps that is the reason he is so honest, but thereto an old saying that has come down to us from the knowledge of old days that 'It is a dirty bird which befouls its own nest. " These remarks and others worse were hurled at the jury and past it at the United States Attorney yesterday during the argument made by A. S. Bennett in closing the defense of 'Williamson, Gesner and Biggs before the Federal Court. The long days of the, trial have gone, the first argument of the prose cution has been made, and A. S. Bennett, who has waited patiently under the flings of the Government attorney, has had his 6ay. Men are sometimes held up to sar casm, to ridicule and to verbal chastise ment before their fellow-Tnen, but It is seldom that one sit under all punish ments combined, aB Mr. Heney did yester-" day. Day of the Defense. It wag the das c the -defense, and the attorneys for the defendants made all out of the occasion in their power. Mr. Wilson took the first hour. o the session with rhls closing remark, and ended his address in a clear and earnest appeal for his clients. A. S. Bennett began at 10 o'clock and hold the floor until 4 in the afternoon, -when court was adjourned with him still unfinished. His address was one of the efforts of his long career, and ranged in expression from the half-audible, heart-to-heart conversation to the jury, to the fiery denunciation of the pros ecution, of its methods, and of Its attor ney. He followed tbe evidence from first to last, picking flaws as he saw them and arguing that throughout the case of the Government ran a thread of corroboration which, when it was put together In one story, vindicated the defense and proved Its contentions and its plea of Innocence. Scathing Terms for Heney. In his argument, as the testimony moved the though, of the speaker, Mr. Bennett arraigned Mr. Heney in scath ing terms, holding him up to ridicule be fore the jury, and at times -ergIng close to personalities. He likened the prose cuting attorney to the wicked gossip who deigns to attack with her tongue the rep utation of a woman already stained by sin, but who gathers with glee any re flection against the virtue, the chastity or the good name of a woman of known honor and good intention. In speaking of the allegation made by Mr. Heney that the defense had tampered with the wit nesses for the Government, Judge Ben nett said that It was an evil mind that found evil on every hand, and he likened the prosecutor to an angel surrounded with his satellites who had come here to purge the world of crlme-a great angel who could do no wrong, and who alone, with his creatures, was holy and Just. Places a Xew Construction. Passing to the testimony of Pearl Van flerpool and tho remarks made upon it by Mr. Heney in his argument. Judge Bennett placed a new construction upon the matter and threw ugly insinuations at the purity of the District Attorney's mind. He argued that Miss Vanderpool, a simple country girl, one of the few who had possessed the strength of char acter to remain openly true to her friend ship for the defendants, had been cruelly ind shamefully treated In the courtroom by Mr. Heney. who was a man without "espect for age or Innocence. Ho argued that when Mr. Heney had asked her in his examination whether or not she had visited "Williamson at the hotel, a man who was old enough to be her father, ind with whose children she had per haps frolicked In her girlhood, the ques tioner had construed her admission to an evil purpose and had leered and grinned Insultingly at her statement Bennett Is Sarcastic. The speaker threw sarcasm into his speech In replying to the remarks of Mr. Heney, who had said that Russia was a land of unlawfulness and of graft, by .stating that the dominion of the Czar was cursed with the secret sen-ice sys tem; that it was a land where the de tective, the spotter and the spy entered ihe home of the innocent and dragged them away to unmerited though certain conviction. This country had always heretofore been a land where a man accused of. crime was tried before a Jury of his neighbors, gathered honestly and freely, and before whom the evidence was placed fairly and openly. .Up to this time the system had given satisfaction and justice had been done, and it was the prayer of the speaker that the, gulf betweon Russia and America would never be bridged. Big Fish Will Move. The iteration of Mr. Heney that he was after the big fish was ridiculed by Mr. Bennett, who asked where were the Plllsburys and all the rest of the million aires who had pillaged the Government of millions of acres of land and had gone free. It was not these big thieves that Heney wanted to capture in his net; Williamson was the big game in the pres ent covey, and lnnocont or guilty, he roust be caught for the honor and the fame of the prosecution, that the name of Heney might be exalted and his satellites gain promotion. Mr. Heney was a. modern Don Quixote, here to reform the world, Mr. Bennett Bald. A great man whose heart "was filled with the spirit of chivalry. He had come out to right all wrongs and to do battle with the windmills and other fan cied terrors encountered by the personage of ancient fable, and here, with his three Sancho Panzas. Burns. Neuhausen and Rittenhouse, was trying to drag down some of the good citizens of the state into the mire 'Of the penitentiary on account of self-imagined, wrong and corruption. Speaks on Contract, nine- hi address Mr. Bennett spoke to the court for a minute on af question of law relating to the character of a contract In the eyes of the law. He contended that a contract had to be such an agreement as wpuld starvi binding In the courts, something xprcsed In a tan gible way. whether writtc. or oral or by signs. It was not enough that some person should cay he would' sell a claim if he could get $500 for It. or if another man should say he would buy If he could gain a piece of property for ?5W. Each would have to understand in a definite manner that the. transfer wrfuld take place. Turning to his main address the speak er said that it was with embarrassmer; that he appeared before the jury, It might be Inferred from what har oeen said during the course of the tf A that he had a double Interest to serve. He was a neighbor and a friend of the de fendants, as was Mr. Wilson. Then, passing to the evidence, he took the Jury' Into his confidence and talked to thorn as man to man. Dramas of Real Life. "I want to cay to you," he said, "that the dramas written in the books are noth ing, to the dmas of real life as played out in the courts of Justice. Your duty, gentlemen, seems, perhaps, a perfunctory duty to you. It is not your future, your honor, your life, that is being tried. It Is the future and honor and reputations of the defendants, their trlveo and their children that are In tho balance. "Thesfe men are Just as good men aa you are, as your neighbors are. They have not accumulated much of the goods of the world, but they have gathered to themselves much of good namt, of char acter and of reputation. The tfcjng that counts as your get old is the opinion which your neighbors have of you. We have brought the neighbors of these defendants here to show their honor and have chal lenged the state to show to the contrary." Makes Zoological Comparison. The speaker then taught natural history to the Jury for a moment, rlnglng back to their recollection the scarcity of white deer and of white, squirrels. He compared the defendants to these animals, arguing that it would be as probable that they were guilty when they had held such un tainted reputations from boyhood to the present as that three white deer should be found in one band numbering no more than the population of Prinevllle. Nor was It logical for the District Attorney to arguo that tho defendants saw no wrong in stealing from the Government. "All good men love this Government of ours." said Mr. Bennett, "and by the Government I am not speaking of a District Attorney or any other officer, and aro4not any mdre ready to rob it than th"ey are, their friends or neigh bors." Circumstantial evidence was unsafe as an index of guilt, the speaker con tended. "The charge In this case Ih sustained, if at all, by circumstantial evidence," he said. "No man has testi fied that any of these defendants asked him to commit the crime of perjury. The prosecution wishes to tlx the crime by the circumstances surrounding ihe defendants during the past three years. Such evidence, if unsupported, is. not sufficient to convict of a crime. It may fasten the guilt, link by link, and yet unjustly, and this has been done until the courts have ruled that before a conviction can be had in this way every hypothesis of innocence must be disproved." 2sot a Symptom of Guilt. Williamson was not conneoted with the case by any evidence, the speaker contended. It was not a symptom of guilt that he had been in Prinevllle on June IS, 1902, and hud then forgotten the visit. The strain of the campaign had brushed the matter from his mind. Mr. Bennett contended that the oppor tunity to steal did not prove a man a thief, and so. though WIllIam3onhad been at Prinevllle, It did not follow that he had planned to steal from the Government while on that visit. "Williamson Is tho man Heney is af ter," continued the attorney. "He has admitted it. He is after 'big game, and In, his eyes Newt Williamson Is the biggest game in this covey. But where are the Plllsburys And the others who have stolen millions of acres of land men big In crime? Who are these men, these big fish? Who are the big thieves the men big in crime? It is not these who arc sought, but the men big in honor. In reputation in the neighbor hoods in which they live. Heney Is like the wicked gossip who does not at tack" the .woman whose name Is smirch ed, but -who rolls as a sweet morsel un der her tongue anything she can gain -against the good name of a woman re nowned for her good works, her chas tity and her virtue. He Is after Gesner and Biggs, but Williamson the roost of all, for he is a Congressman, one who has fought AIb way from the foot, arid it will be a big- feather In the District Attorney's cap if he can pull the man EHQICE BETWEEN MENTAL GlilH Taft and Root Strongest Can didates for Presidential Nomination. PROBLEM MAY BE SOLVED Resignation of Chief Justice Fuller Would Leave Way Clear to Taft Both Men Arc of Roosevelt Type. - OREGONIAN NEWS BUREAU, Wash ington. Aug. ' 1. The retirement of Chief Justice Fuller from the Supreme bench any time within the next three years would do much to clear away what promises to become a complicated situation in the Republican party. As events have shaped themelvcs In the last few months. It has been demon titrated that two very big Republicans will be In line for the Presidential nomination In 190S, Ellhu Root. Secre tary r,f State, and William H. Taft, Secretary of War.. "Not in many years has, any party been "able to bring for ward two such strong men for 'this nomination. And yet, at this time, Taft Is not annoyed by the Root boom, so-called, nor Is Root at all uneasy on account of the frequent mention of the Taft boom. If Chief Justice ' Fuller should take it Into his head to relinquish his posi tion on the Supreme bench, there Is lit tle question that President Roosevelt would promptly fill tho vacancy by ap pointing Mr. Taft as Chief Justice. That Is a position the Secretary has Ionic coveted, and It lsbutproper to say that it H a place he could fill with credit to himself and to tho' man who appointed hlra. Court Needs Man Like Taft. The United States Supreme bench Is In ore need of big, brainy men like Taft. There is no man of his caliber on that bench today. Of late there ha been much comment on the character of men who havo recently bern appointed and the comment Is not ai'ogether favor able But the addition of William H. Taft would materially raise the Su preme Court in the estimation of the i X -A r '-' i - - t r . American bar, and would give It a dig nity which It now lacks. The appointment of Taft to the Su preme bench would leave Root the, fore most and most likely Republican can didate for the Presidential nomination. Root, in point oC ability, outranks every other man mcntlpned as a pos sibility, or would do so If Taft were out of the way. He Is a bigger man than Fairbanks. a bigger man than Shuw, a bigger man than any Repub lican of prominence who has ever been mentioned as a Presidential possibility. But it would be hard to say which Is the bigger man, as between Root and Taft j Both Men of Roosevelt -Type. There Is this to .be said about both Root and Taft; they are not the kind of men who would be chosen by prac tical and lifelong politicians to lead the Republican party In the campnlgn of ISfiS. They arc not the kind of men who are popular with everyday politi cians. They don't lend themselves to tne schemes o' politicians; they don't play peanut politics. They are, to a great extent, patterned after the Roose velt type; bold, firm, fearless and ab solutely honest. No hint of corrup tion or graft ever attached to Root or Taft; It never vlll. They are. like Roosevelt, the kind of men the people can trust and. In this age when graft is rife and corruption Is unearthed at every turn, they are the kind of men t'ne people want "In power. And, like -Roosevelt In another Tcspect, Taft and Root are men who do things. Each Admires the Other. 7 f t h nAxl Tlf miMlrnn Vn Mnnn 1 fVn I I- ..aM. i v . in... 1 1.1 iciiLiirii 43 uiitu men iiiwc iuu- rlch. Depew, Piatt, Elklris, Penrose, neither Root nor Taft will receive the nomination, but. If the convention truly reflects public sentiment, and the will of the people is observed, the choice wllj probably lie between these two mental giants. But so friendly are the relations between them; so great the admiration of one for the other, that neither would resort to any unfair means to prevent the nomination of the other. Should one be nominated, he would beyond a doubt desire tho support of the other, would want to keep him In his Cabinet. Roosevelt, Root and Taft make a strong team; they dominate the pres ent Administration; they make a mighty triumvirate. No Cabinet in re cent years has been so strong as this. The next Cabinet must be without Roosevelt, for he himself has said -It. but It need not be without the other two mastrr minds, unless, as above sug gested. Taft should .go on the Supreme bench". In which event- Root If elected President, would nave to pick an en tirely new offirlal family. Flood Cuts Off Russians. SEfYITI, Aiir. 1. The heaviest rains In 30 years have occurred and . the lumen r River Is flooded. e Russians, who have betn holding scml-permsnent works south of the rivrr, have been cut off from Vla dtvoMok. and afs u napc to retreat. ATTORNEY HENEY UNDER FIRE LEONARD WOOD ON GENERALSTftFF Desire of President Causes Army to Gnash Teeth in Anger. BARRY HAD. BEEN CHOSEN President Holds Up Appointment at Imst Moment and Wants Wood Appointed Resentment at Rapid Promotion. - WASHINGTON. Aug. L-(SpeciaI.)-Ma-Jor-General Leonard Wood Is once more a bone of contention In the Army. Hav ing forced his continuation aa a Major General, President Roosevelt Is now re ported to be trying to make Wood a member of the general staff, against the wishes of that body and Lieutenant-General Chaffee. As a reqult. the Army Is gnashing Its teeth In rage. In the meantime, Gen eral Wood Is somewhere In Massachu setts, recuperating after an operation for a thickening of the skull due to a slight blow suffered some months ago. Army officers say Wood was always lucky. That Influences have been brought to bear on the President to Induce' him to boom Wood once more Is evidenced by the fact that within a day after the pro mulgation of orders by the general staff, which did not mention General Wood, the President suspended the orders, and tho sole reason given was that the health of General Wood might prevent his return to the Philippines. Up to the receipt of the order of suspension nothing was known of the renlly precarious state of General Wood's health, and the Indica tions are that he went over the head of everybody to make his condition known direct to the President. As the result of the President's stand there are now three recognized candidates for the position on the general staff made vacant by the assignment of Brigadier General Tasker H. Bliss to other duties. When the vacancy occurred. Llcutenant Gcneral Chaffee named aa his candidate Brigadier-General W. H. Carter, now In command of the Department of the VIs ayas. Philippines. General Carter Is the man who drew up and passed through 'Gongress the bill pirating- tho general staff. For his activity in this respect he was dubbed tho. .icgs qf Root." . and among the opposition in the Army to the general staff measure has few friends. The remainder of the general staff recom mended Brigadier-General Thomas H Barry, now with tho Russian army In Manchuria, as Its candidate. The board directed to choose between the candi dates consisted of Generals F. D. Grant. J. F. Bell, A. L. Mills, John C. Bates, chairman, and Colonel Mills. This board overruled Lieutenant-General Chaffee and chose Barry. As a compromise. General Carter was to be transferred to Chicago as the commander of the Department of the Great Lakes. The President has the final approval of assignments of Generals In the Army. Whether or not he approved the choice of Barry and the assignment of Carter and Bliss Is unknown, but the fact remains that such an order was promulgated from the War Depart ment last Thursday and General Barry was elected head of the War College, a post that goes along with the ap pointment of a General on the General Stan. The next day the order was sus pended by order of the President and everybody has been told to keep mum about It. The fact that General Wood was over looked In the rearrangement of com manding Generals by the General Staff would make It appear that the Staff would be glad to see him remain In the Philippines Indefinitely. He has been there less than two years and has just concluded a triumphant campaign against the Moras with small Ios? to his owh troops and groat loss to the enemy. The Army does not understand why he should want a transfer. Whisperings around the War Depart ment are to the effect that the Presi dent would like to see General Wood come to Washington. Army officers are reticent about discussing the mat ter, but underground mutterlngs show a plain resentment on their part against the forcing of Wood to the front over the heads of other men of larger experience, as was done w,hen Wood was made a Major-General. GLAD TO VISIT AMERICA Interview With Sergius Wltte, Sent .From Atlantic Ocean. ON BOARD STEAMSHIP KAISER WILHELM DDR GROSSE. via Wireless Telegraph Station at Slasconsett, Mass.. Aug. 2. After a good passage across the Atlantic. Serglus Wltte, Russia's envoy to the peace conference with the Japanese representatives at Portsmouth. N. H., Is in perfect health. Speaking of his np proaching arrival on American soil, Mr. Wltte said: "I am happy to visit America, which country I am most anxious to know. My only regret la that I cannot speak Eng lish, as I should like thoroughly to appro, elate the country whose progress and development are so Interesting and In structive. "I shall also be slad to have personal Intercourse with President Roosevelt, who has reached suah a prominent position aa a statesman, and to present to him tha greetings of Emperor Nicholas. "It has also, ncccrfltated that I am to test the ground for floating a Russian loan in America and discuss the relations between the two countries, and especially regarding commercial affairs. My only mission Is the negotiations for peace, but I am quite ready to express my personal opinion on questions affecting the rela tions between Russia and America, with a view to further strengthening tha tra ditional friendly feeling between St. Pe tersburg and Washington." CONTENTS TODAY'S PAPER The Weather. YESTSRDAT'S .Maximum temperature. S3 (leg:.; minimum'. 60. Precipitation, nenc. T0dATS Ftflr and continued warm. West erly winds. The War In the Far East. Czar yrows more warlike as peace confer ence lira--a near. Page 3. Wireless Interview with Wltte. Pane 1. Japanese gain victory on Sakhalin. Page 5. Foreign. Jews In Kharkoft arm to resist musaere. " Page 3. Csxr's council completing scheme far na tional asembly. Page 3. British fleet's Baltic cruise may cause war ulth Germany. Page 0. National. Roosevelt raises, storm In Army by trying t put General Wood on General Staff. Page 1. Southern cotton men Insist en thorough re form of Agricultural Department. Page 3. Taft party leaves Japan ttyr Manila. Page S. Tolltlcs'. Taft and Boot friendly rivals tor Presidency If Taft does not go on Supreme beach. Page 1. Dome tic. Lockout of " operators oq Northern Pacific and Great Northern t.rallrMds' causes strike. Page 2. Harriman will put gasoline cars an alt branch roadsi Page 4. Yellow fever quarantine bring Louisiana. and Mississippi to verge ef civil war. tl'age 1. Labor sluggers In Chicago 'drive man Insane by torture. Page 5. -Sport. Athletes vie In feais of brawn ana skill. Page 4. Talent again upset at racetrack. Page 4. Giants win a 12-tnnlng game at Oakland by 2' to 1 score. Page 4. Pacific Coast. Rockefeller a menace to church and state, says Rev. H. S. Johnson. .Page 7. Government witness confesses former per jury in Montana land-fraud trials. Page T. Oregon school population Increases, and so does lneume for apportionment. Page 7. One.casc tried la connection with battle over Baker County mining road. Page 7. Commercial and Marine. Hopgrowers hold Arm for better prices. Page 13. Grain stocks held In 'California. Page 15. Copper strongesi-feature of New Tork stock market. ,Pnge 13. Heavy wool business In Hast. - Page 13. No attempt to rescue drowning fireman on steamer America. Pago 11. Captaln5jn'cer will contract ta run Tele- graphvort river. Page 11. City of Topka due here tomorrow. Page 11. Lewis. and Clark Exposition. Admissions. 13.100. Page 10. -Plans for sham naval battle. Page 10. ,Kentucky day and day In memory of Clark ara Jointly celebrated. Page 10. Portland and Vicinity. A. S. Bennett, counsel for the defense In the lan-fraud cases, makes sarcastic refer ence to Heney In his closing argument Page 1. City's census theme of much discussion. Page 10. , Airship Angelus essays another flight. Page 14. Alexander ilcAdle. weather forecaster at San Francisco, and Professor Le Conte. of University of California, measure ML. Rainier and find It highest peak la United States outside Alaska. Page 9. Dun makes good report on wheat for Oregon, Washington and Idaho. Page 14. Bunco cases go over because detectives re not on hand to testify. Page 11. ' UNTIE MAY CAUSE CIVIL Ifi Yellowjever Embroils Two States. LOUISIANA IS INVADED Armed Boats From Mississippi Are Aggressors. GUNBOAT MAY FIGHT THE..I Lake Borgnc Fishermen Ordered to Stop Fishing Governor B Inn ch ard Orders Out Ills Clival Brigade. YELLOW FEVER CASES TO DATE. NEW ORLEANS. Anfz. L FaWowusi Is the yeltew fever r:rd up t S P. M: New cases, 42. Tatal cas?s to date. 316. Deaths today. . Total deaths to date. US. N-v feci. 4. Total foel te date, 39. NEW ORLEANS. Ah?. 1. The relations betweent tho States of Louisiana, and Mississippi have reached an acute stase. and. from Indications tonight, it trill change from Interviews about the con cealment of cases to a much more serious matter. From Information that has come to hand, the dignity of the State of Louis Inna has been offended tey an armed Inva sion from the sister state, and this mora Insr Governor Bianchard communicated with the Captain of the naval brigade which has n fully equipped gunboat, with a view of having It dispatched to the bor ders to protect Louisiana eltizens from, further Indignities. Mississippi has ftvc armd boats patrol lhitc'thfi const to prevent fishermen from breaking thi-oujrSi the .aaraitlne ttn-s These vessels are also assisted by tho United Stateo revenue cutter Wlnena. The Mississippi boats will not allow Lou isiana fishermen to enter Mississippi Sound, cast of St. Joseph Light, but. from reports received here. It appears that or of these patrol boats came Into Lake Borgne. which Is distinctly Louisiana ter ritory, and one report says It came up to the mouth of Lake Borgne canal, which extends from the lake to the Mteuissippi River, a distance of only miles. Th naval brigade vessel Stranger draws t.o much water for service m that vicinity, bat a light-draft boat will be Impressed Into service, armed with a howitzer or two nnd manned by ofrtcers from the bri gade, and will be sent out to prevent fur ther aggressions. Part of the territory now patrolled br the boats Is now In dispute bofr the Su preme Court of the United States, bota states having laid ckiim to it since, tfe Legislature of Louisiana created a ys ter commission and passed laws to pcu tec oyster beds In that vicinity. Later developments do not lessen tha seriousness of the controvctsy. Com mander Bostlck. of the naval bclgHuc. and General Perllllat are preparing a repvKt to the Governor following thair lnvoatfga tlon. which will be continued. It is- now reported that one of the Mteutaslppi boats drove a Southern Yacht Club yacnt tar Into Lake Pontchartraln. BLANCHARD MAKES TROTET Tells Vardamnn Invasion of Iiotiis inna Will Not Bc Tolerated. MEMPHIS, Tenn.. Aug. I. A spoekil to the Commercial Appeal frm Baton Rouge, La., says: A clash between the Mississippi and Louisiana authorities over quarantine) regulations ia Imminent. A private dis patch was received In the city today stat ing that Mississippi soldiers employed as quarantine guards had invaded Louisiana with arms, and that boats were patruHins tho mouth of Rogllet3 Lake and Pearl Rover, off the Louisiana coast, to prevent Louisiana boats from leaving. Governor Bianchard directed Brigadier General Perrallat, of his staff, and Cap tain J. W. Bostwick. commanding the, state's naval mllltla. to Investigate and report. He also telegraphed Governor Vardaman. of Mississippi, as follows: "Have reliable Information that Missis sippi quarantine guards, armed, crossed over to Louisiana side at Pearl River. I do not believe this was on orders, but was tho thoughtless conduct merely of a few. To obviate unfavorable oomment and friction, please gtvo orders that your guards remain on their own side of.' tho line." ; Late this afternoon Govornor Bianch ard received the following telegram from President Souchon, of the State. Board of Health: "A patrol boat of -the State of Missis sippi patrolled Lake Borgne, and. after prohibiting. fishermen from fishing In tho lake. Is now guarding the exit of Lais Borgne Canal, preventing any boat from coming- out. This Is an unwarrantable usurpation, and Invasion of Louisiana waters, and our attorney advises me to ask yeu to wire proper authorities In Washington to interfere at once or to talce matters in hand yourself." Governor Bianchard then telegraphed Governor Vardaman, of Mississippi: "Have Informatioa Mississippi patrols tConcludsd on PUth Pas). J i 9