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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 26, 1905)
THE MORNING- OREGONIAN, TTTESbA.Y,' SEPTEMBER 26, 1905. 11 NTENT" THEORY Of THE DEFENSE It Is Argued That Williamson and Co-Defendants Kept Within the Law. H. S. WILSON'S ARGUMENT He Holds That Xo Contracts Were rnde and That Consequently There Were Xo Violations of the Statutes. C is the ene word around which the & mt the defendants in the "Wll Mmmi Goswor-B4ggs trial, in the Federal Ommtc, rewrites, acoording to the argu ment begvn hy H. S. Wilson, yesterday afternoon. There is. and will be. no con troversy aH4e over many of the facts proved by the irosecutln. The defense aiwlte nwch. There was a plan to gain ontrol of the range contiguous to the WMtMwson & Gesner ranch. Mr. Wil Majson was in Prlnovllle, on June 16, WK. aad It is probable that at the time he diseased the best way to protect the fcaMtags of the Arm from the invasions of the cattlemen. Dr. Gesnor did go to Biggs tor &4vtee. and Biggs did tell the doctor that he could lend m&ney on timber claims; that he could take the grass in jftaee of the interest; that he could accept a sftortgage to protect himself; that he ton, or Intimate, what the claims he worth to him once patent was- r-ooored from the Government. Within the liaw, He Says. AH tMB is admitted, but all this, to gocfeor with the action upon the advice, was wttftm the law. Dr. Gesnor did not make aay contracts, nor did Williamson, &a4 Btggs ever counsel such a thing. Jttct Um opposite was Impressed upon the snO; of the claimants, but the line drawn hr the rulings of the department and by The 4odstons of the Supreme Court are o dose between the observance of the tow and its infraction that the untrained aMi of the witnesses who have testified Mtewaoccstood the statements of Dr. Ges ner ami of Mr. Biggs, and construed the tnttomtfloa of value Into a statement or ncomtge to buy. This, in brief, is the ntoa being made by Mr. Wilson, but jsronmt It Is woven other things. It Is contended by Mr. Wilson that the wtenoocMi for the Government have boen owjoUa and threatened by Mr. Hency, Mr. Burns or Mr. Nouhausen; that the oar of the grand Jury had been held over tholr heads until they- had becen forced mto tolling stories to fit the contentions of the prosecution. Mr. Wilson called to mtod the testimony of one witness that he had boon given one day by Mr. Heney in wMc to change his testimony, at wtetoh time the District Attorney made the pregnant suggestion to him that "The prand Jury will still be in session' Coercion, He Declares. "It wIM not be two years," insisted Mr. "WnVsoo, as he addressed the jury, "until you win begin to hear those witnesses tell of coercion practiced in these cases and of the dub that was held over their hoadte by the prosecution." The speaker gave Mr. Honey the crodit for being a great prosecutor and a porse vortng lighter. He said that the District Attorney had come to Portland looking for a chance to prosecute, and after glanc ing over the ground, had gathered circum stances that appeared sufficient to him. Then, said Mr. Wilson. "Mr. Honey said to Mmsdf. 'I will call those hounds of various breeds around me, and I will go aXter the Wg fish. And this has been It was the flrst duty of the speaker, he contend ad. to show to the jury what could he done wttbtn the law in taking a timber onxlm. It was a law settled by the Su preme Court, the attorney contended, that a man could locate claimants upon tim ber and stone claims; that he could loan money to those men and could take a mortgage, that he could intimate to them wmu the claims would be worth to him. He might have In his mind at the time that he would ultimately pecure the land, but he could make no contract with the claimants. That was the one restriction. The claimants could not be used as dum mies: he could not make an offer to buy the claims and he could not entertain an ofiTer to sell. This was what had been done by the defendants, who had been oattrct)- wttMn the law. Line Is Vague. "The Mne between the law and its In fraction," raid Mr. Wilson, "is so vague that It Is hard to teH what a man may do honestly or what he may do legally. It Is possible for a man who trios to do only what he may under the law to be misunderstood hy the men he deals with so that they may come into court at a mter dote and swear that they had an unlawful contract with him." "In tms case," Mr. 'Wilson argued, "many of the witnesses have been al lowed to state what their intentions were at the time they filed, and this will be used hy the prosocutlon as tending to shew that Gesner entored into contracts with them for the sale of the lands. But H Is not a fair inference." Mr. Wilson contended the evidence brought hy the Government wag circum rt&ntt&l &nd that there was no direct proof of a conspiracy. "The defendants must have intended that the claimants commit perjury or they are not guilty," he said. "The whole theory of the prosecution only goes to show that some of the claimants might have been fooled, but there is not a syl lable of evidonce to show that any of thorn wilfully and corruptly swore to a Me. Xe man can commit perjury when he swears to what he honestly thinks to be true. He must know that he is swearing to that which is not true before he can be guilty ef the crime." Sending of Money. Mr. Wilson stated it was admitted on all hands that Williamson and Gesner knew they were lending money to the people with which to file upon timber claims; that they knew It would be to their benefit if they could get control of those lands for a few years. But it did not make any difference what motive the defendants might have had if they in tended to keep within the law. "It must be admitted," said Mr. Wilson, "that aM of the defendants have untar nished reputations in the country from which they come. I trust that when you look at Marion R. Biggs you will see in him an absolutely honest man. Xo mat ter what the result of this trial you can not take grom Biggs or Williamson or Gesner the confidence and the sympathy of their neighbors. Conviction would be worse than death to them, but it would not rob them of the trust of their friends. Gesner consulted a lawyer that he might jceep within the law, and through the tes tiraesy you will see the witnesses have stated that they were advised they could make no contract. Gesner followed the Maes drawn by Biggs. It was better for nlm to keep within the law. for he could not hind the men by an illegal contract Therefore It was best for him to retain GUBERNATORIAL CANDIDATES No. IX Lionel R Webster By Harry Murphy, Artist and Biographer r JUDGE WEBSTER. .. , rHE abeve open-faced piece of physi ognomy is the proporty of Judge Lionel R. Webster, the latest candi date to be boosted into Immortality by yours, truly. Mr. Webster is at present doing busi ness in the judging line at the County Courthouse. His spocialty is settling the affairs of defunct citizens and citlzenesses. at which buslnohs he has been quite suc cessful. Xot a single dead man has, to date, entered the slightest objection to the manner in which his mundane affairs wore disposed of. At the behest of a mighty common wealth, I called on His Honor during the contiguous past. After an affecting meet ing, the following throbbing words of wis dom were tossed off: Me Is it true that you asc a candidate for Governor, Lionel? HimYou can scrutinize me. Me Are you In favor of the direct pri mary law? Him Sure! What is It? thoir respect and his own by remaining within the law." Paj'S Hency Compliment. Mr. Wilson then paid a oomplimont to Mr. Heney and the grand jury'. "The District Attorney," he said, "holds that the prosence of the grand jury was a good thing, that it forced the witnesses to tell the truth. We will adroit if the Jury's presence did this it would be a good thing, but if, as is the case. Its pres ence as a club wielded hy the District Attorney compels the wltnessos through fear of indictment to testify other than to the truth, thon its presence is the biggest outrage ever perpetrated. Wc are a free people, and not to be driven by threats." Mr. Heney filled the morning session of the court with the last half of his open, lng argument. He contended that the de fendants were proceeding on a false the ory of defense, owing to the fact that thoy had been confronted during the lat ter part of the trial by the testimony of C. E. S. Wood, which showed that they had been trying to oust Morrow and Keenan from the ranges, and had not entered lrito the scheme to gain control of the range from fear of he cattlemen. Mr. Heney followed the Government's case as outlined by the testimony offered dur ing the trial, and made a very thorough and exhaustive exposition of his cause. Mr. Wilson will finish his argument this morning, after which Mr. Bonnett will follow for the defense. It is thought that all of today will be taken by Mr. Bennett in his argument, and that the closing speech of Mr. Honey and the charge to -the Jury by the court will in all prob ability give the case to the Jury by to morrow noon. V, Silctz Cases Set for Trial. Judge Hunt yesterday rendered his de cision upon the demurrers In the two cases of Willard H. Jones. Thaddeus Pot ter and Ira Wade, and Thaddeus Potter and Heeman Finch, at which time he de nied the motions to quash and ordered the cases set down for trial. These are the two conspiracy cases In which the defendants are charged with inducing men in the Slletz reserve to file upon land and thus defraud the Govern ment. The defendants have not as yet pleaded to the indictments. Here With Bride From Cuba. C M. V. Heny van Kroonenburgh is a Portland visitor with the beautiful Span ish wife ho wooed and won on a brief visit to Santiago do Cuba, less than a year ago. Van Kroonenburgh is a photogra pher who has produced views of & great many countries of the globe, and whose travels during the past two years have been confined to Central and South Amer ica and the United States. About a year ago he landed in Cuba f tcr having spent almost a year la remote and picturesque Me What are you going to do about the conflicting demands of the steamboat-men and the pedestrians relative to closing and opening the bridges? Him Give 'cm Wth what they want. This sublime exhibition of equity, being so overpowering. I took a brief vacation to compose myself. Resuming, I brought up the subject of Frank Baker's peace conference. Me Are you In favor of peace. Judge? Him Yes; if we have to fight for it! The Judge also gave out, for the first time for publication, his reason for leav ing Southern Oregon, which was: That he was too magnanimous to remain there after learning that Hen Ankeny wanted the Gubernatorial nomination, not caring cruelly to blast that gentleman's hopes. "Judge Webster is a man of quiet tastes. His later years have been uneventful, with the exception of the shaving off of his whiskers. His manners are highly fla vored with amiability In fact, I think he is a "nicer follow," even, than George Chdmberlaln. HARRY MURPHY. corners of the countries beyond Panama, where he met Rosarla Bascunana, in whose dark eyes the tall German pho tographer awoke the light of love and seven months ago they were married. Having sufficient of the necessary world ly wealth to afford travel and cultivation of his art the German artist and his bride are enjoying a honeymoon sightsee ing. Today they are making the Co lumbia River trip to The Dalles and In tend making stops at that point and at Hood River. TO INCORPORATE SUBURB Fight Under Way This Week In 3IontavIIIa. The fight for and against the Incorpor ation of Montavllla is on for this the closing week before the matter comes bo fore the County Court, October 2. Both sides will make a vigorous fight. William DeVenny is -chairman of a committee which Is circulating a remonstrance. Sun day this committee put In most of the day. Seven remonstrances are being cir culated in Montavllla, and last evening nearly 200 signatures had been secured, mostly resident property-owners. Alto there is a movement to get the non-resident property-owners organized against incorporation. There was a meeting of those opposed to Incorporation Friday, and the campaign against incorporation organized, and another meeting will be held next Friday evening. The petition for incorporating Monta vllla Is now being published signed by about 60 residents, and the County Court will give all parties a hearing next Mon day on the matter of giving the people of Montavllla the opportunity to vote on Incorporation. The opposition is working to prevent this being done, and hopes to make such a strong showing that it will convince the County Court Incorporation will not carry in Montavllla even if sub mitted to a vote. The cost of the pro ceedings and vote will be about WL CLAREMONT TAVERN. Is without doubt the finest roadhouse In the West, Old-fashioned Maryland chicken, with corn fritters and cream gravy is one of the many good things to be had. Running dally an automobile carrying twelve passengers will leave the Oregon Hotel, stopping at the Portland. Imperial and Perkins hotels, at 2, 4, 6, 8 and 10 P. M-, making a beautiful ride of 14 miles (round trip) for 5L Launches may be had at Merril's boatbouse, foot of Morrison street, which land at Clare mont dock. Do not be misled. If you want a-complete and official copy of the Exposition, get Laird & Lee's "GUmpce- iUE WELLS-FftRSO Express- Company. Accused of Illegal Assessment. BANK STOCKHOLDERS FILE Declare That the Corporation When It Secured Control of the Bank Sought to "Freeze Them Out." The suit of George H. Williams, H. C. Leonard and others, against Wells, Fargo & Co. to collect Judgments, held against the Commercial Xatlonal Bank, amount ing to about $20,000, was on trial yester day before Judges Sears and Cleland. Wells, Fargo & Co. are held liable becauso this company purchased the assets of the Commercial Xatlonal Bank. In October. 1S37, the stockholders of the Commercial Bank were assessed for $50 a share. George H. Williams. Henry Welnhard, George H. Durham. S. A. Durham, Per ry G. Hlnklo, Cleveland Rockwell and H C. Leonard did not pay the assessment and then stock was sold. They subse quently sued the Commercial Xatlonal Bank to recover, alleging the assessment was not levied at a stockholders' meeting, and was Illegal. The case was carried to the United States Superior Court by the plaintiffs. The value of the stock at the time it was sold was about 130 a share, and this they are trying to secure from Wells, Fargo & Co. Shares Bought hy Wells, Fargo & Co. In January. 15S4, at the time of num erous bank failures. Wells, Fargo & Co. bought J100.000 worth of the 50.000 stock of the Commercial Xatlonal Bank and afterwards caused the stock to be In creased J 250.000, and took all the new stock. This last transaction Thomas O'Day Counsel for George H. Williams and others asserts was a mere matter of bookkeeping, and he called witnesses to show that the Commercial Xatlonal Bank charged Wells, Fargo & Co. 1250,000 for Us assets, and charged it off on the other side of the books as a dividend. The wit nesses examined yesterday were Charles Hussy. Col. J. McCraken, Ed. H. Cook Ingham, J. C. W. Welch. R. T. Piatt, R. Lea Barnes, R. L. Durham and George H. Williams. There was evidence that John J. Valen tine, of Wells, Fargo & Co., who was put In as president of the Commercial Xa tlonal Bank after Wells. Fargo & Co. bought it. was the dominant figure in causing the assessment of $50 a share aglnst the stock. R. L. Durham so testi fied. Contention of Defense. The defense wants to show that Wells, Fargo & Co was not responsible for the assessment, and that It was made In Oc tober. 1S37. and Wells, Fargo & Co. did not take charge or the assets of the Com mercial Xatlonal Bank until July, 1S9S. John J. Valentine received a salary of $5000 as president of the Commercial Xa tlonal Bank. Mr. O'Day asked Mr. Piatt If it was not true that Mr. Valentine was seldom there, and did little or nothing to earn the salary. Mr. Piatt did not ap pear to know much about it. The plaintiffs are trying to prove that Wells, Fargo & Co. ran the affairs of the Commercial Bank completely from the time they bought $100,000 worth of stock, and levied the assessment to freeze Wil liams and the others out. HUSBAXD'S CROSS COMPLAINT Accuses Her of Befriending Another Man and of Cruelty. "My dear do not worry. I will help you If you need money." Samuel Goldstein, a tailor asserts that his wife, Bessie Goldstein, made these remarks in his. presence to Harry Gold man, and at the same time patted Gold man on the shoulder In an affectionate manner, and then gave him money. Gold stein also states that his wife bought Goldman a railroad ticket from Xew York to Portland. and that Goldman, who is a married man, has associated with a woman of bad repute since he came here. Mrs. Goldstein recently sued her hus band for a divorce, charging him in her complaint with beating and abusing her, and she demands alimony and $100 to pay her attorney. Yesterday Goldstein filed an answer to the suit In which he tells about his wife's conduct with Gold man, and also makes other allegations of an Immoral character against blrf, wife. Goldstein says she has allowed strange men to sleep in their apartment, arrayed almost wholly In nature's garb, and told him to get out if he did not like It. The husband further avers that his wife has instructed the children to testify that he threatened to cut their heads off, and when he asked her to go out with him to resorts, announced that she would rather go with a dog. For all these reasons Goldstein alleges his better half Is not en titled to a divorce, alimony or attor ney's fees. 3 IRS. PROTZMAX IS GUARDIAN Wins In Contest With Mrs. Wood cock for Position. Mrs. Kate Protzman. of PortlanJ, won In the contest for the appointment of guardian of Mrs. Margaret Lyle, her foster mother, who Is S3 years old. Coun ty Judge Webster decided to appoint Mrs. Protzman Instead of Mrs. M. S. Woodcock, a niece of Mrs. Lyle. Judgd Webster after hearing tho evidence oi both sides, decided that Mrs. Protzman was best fitted for the position. Mrs. Lylo is a sister of the late John A. Crawford, of Albany, and has sued R. M. Crawford, also a brother, in the State Circuit Court In Linn County, to have set aside deeds executed by John A. Crawford to R. M. Crawford prior to his death, covering property valued at $100,000. The whole estate la ald to be worth $150,000, and Mrs. Lyle wants her share, and "Mrs. Protzman desires to continue the litigation as guardian to see that it is recovered. She says the others oppose her efforts. Tho contest will bo fought to the end. Those who favor R. M. Crawford, as sert thai his brother wanted him to have the property believing altogether In male descent. Sues Attorneys to Recover Money. 4 Anna F. Hoover has filed salt in the State Circuit Court against W. R. Mc Garry, an attorney, to recover $239, which she says he collected for her oa a note and has jiot accounted for. The complaint recites that w. r. Mcoarry ana nis troth er, T. F. McGarry. were practicing law In Grand Rapids. Mich., as partners, waen Mrs. Hoover gave them a note for $tS7 for collection. She alleges that she has received only $309 of the amount, and, de ducting a fee of 14) per cent. Is entitled to JZ33. Gets Six Months In IFrlso. J. Guttman. who attempted to rob Mrs. Tillie F. Moore, in the Government build ing at the Exposition, was sentenced yes terday morning by Jodgt Fraser to a term of six months In the penitentiary. Gutt man wu caught la tho act of trying to 55' Z!.Z -. T Si '.'US., that open a small leather money satchel which Mrs. Moore carried. At his trial he de nied It. WILL BOOM NORTHWEST s Traveling: Passenger Agents Greatly Pleased With Trip Here. Tom Richardson of the Commercial Club returned yesterday from British Co lumbia, where he went In company with the traveling passenger agents, who were on their way home from the Portland con vention. Mr. Richardson stayed with the party unUl It reached Banff. Alberta, and reports a most pleasant trip. Ev erywhere tho railroad men stopped they were given lavish hospitality. Mr. Richardson la enthusiastic over the good which will result to this section of the country from the visit of these men. The year after the traveling passenger agents held their convention In Southern California, travel to that part of the state from the Bast doubled, and he ex pects to see equally beneficial results to Oregon. "On the trip North." said Mr. Richard son. " the wonderful resources and ad vantages of the Northwest were the sub ject of constant comment. The visitors were simply delighted with everything that they saw here. There was not a person In the party who was not contin ually talcing notes and searching for all the exact Information obtainable. This they will spread broadcast in the East and it cannot but bring thousands of peo ple to this section. "No city visited received greater praise than Portland. Not only were they pleased with it as a business point and appreciative of the enterprise shown In carrying on the Exposition, but they unanimously voted it the most beauUful city that they had ever visited. The pro posed railroad down the north bank of the Columbia was discussed and these men saw clearly the great results it would bring to Portland. "I regard this convention as the most important event of the Fair, as It brought to this city a body of men, who are able to do us. more good than any others in the country. Everyone who had a part In the convention is to be complimented in the way in which it was carried on. but special mention should be made of the ef forts In this line of M. J. Roche, who was elected first vice-president and is the log ical candidate for the presidency next year." Sherman Indians at Football. The Sherman Indian school football schedule Is Just out. Two games are scheduled for Portland. The first game will be on November IS against the Mult nomah Club and the other will be No vember 2L with tho Chemewa Indians as opponents. The reat of the schedule fol lows: October 14 Orange Athletic Club, at Riverside; October 21 California, at Los Angeles; October 23 Stanford, at Los An $100 REWARD FOR ANY CASE" OF DANDRUFF 7 Or Falling; Hair That Hoffman's Hair Tonic Fails to Cure Effectively and Permanently Fwple hare said that if "we could get a hair grower "we could hare a fortune. "Well, ire hare it a Hair Grower which will grow hair and we'll prove it to you if you'll permit m. You'd gire a hundred dollars to. get your hair hack, or to save what you hare, wouldn't you? And Hoffman's Hair Tonic 1$ Only For Sale by The Woodard-Clarke TT. I , . siriL I.AXAT VBop (nown There are two classes of remedies: those of known qual ity and which are permanently beneficial in effect, acting .gently, in harmony with nature, when nature needs assist ance; and another class, composed of preparations of unknown, uncertain and inferior character, acting tempo rarily, but injuriously, as a result of forcing the natural f . r M . ,. . , lum-iiuua, uuiicccoaiuiiy. uneoi ine most exceptional or the remedies of known quality and excellence is the ever pleastnt Svruo of Figs, manufactured bv the California Fig Syrup Co., which represents the active principles of plants, known to act most beneficially, in a pleasantsyrup, in which the wholesome Californian blue fi cr; are n;prl r run. tribute their rich, yet delicate, fruity flavor. It is the remedy of all remedies to sweeten and refresh and cleanse the system gently and naturally, and to assist one in overcoming consti pation and the many ills resulting therefrom. Its active princi ples and quality are known to physicians generally, and the remedy has therefore met with their approval, as well as with the favor of many millions of well informed LI : -rxi ' . . . " or meir own personal Knowledge thatitis a most excellent laxative it win cure an manner or ills, but rAnraeanfc lnt;n n . . .wk.uw, a lOAauvc xciucuy ui Known quality ana excellence, containing nothing of an objectionable or injurious character. There are two classes of nnrchasers : those whn are infnrmoH as to the quality of what they buy and i auiuw ui exceptional merit, ana wno ao not lack courage to go elsewhere when a dealer offer.s an imitation of any well known article; but, unfortunately, there are some people who do not know, and who allow themselves to be imposed upon. They cannot expect -"-i.- 11 uicjr uu wuLgct uic genuine remeay. To the credit of the druggists of ttife United States be it said nearly all of them value their renutatfnn fnr nrnfpinnoi integrity and the good will of their Genuine Syrup of Figs manufactured by the California to Duy tne genuine article and to get its beneficial effects, one has only to note, when purchasing, the full name of the Company California Fi? Svruo Co. nlainlv front of every package. Price, geles; November 11 University of Wash ington, at Seattle: November 15 Willa mette University, at Salem, Or.; Novem ber IS Multnomah Athletic Club, at Port land; November 21 Chemewa Indians, at Portland: November 25 U. S. C. at Los HOTEL Fifth and Washington Streets EUROPEAN PLAN Seams, fl.00 to $3.oa Per Day According to Xocstlon. J. r. DAVLE3, Pre. St. Charles Hotel CO. (INCORPORATED.)' FRONT AND MORRISON STREETS PORTLAND, OREGON European Plan Rooms 76c to $2.00 First-Class Restaurant In Connection OSCAR. ANDERSON, Manager Front and Morrison Streets, PORTLAND, OREGON Free 'bus to and from all trains Rates EujpPnen.75c to $3.00 Per Day 4 ft q Racks full of GORDON HATS wherever the best dressed men lunch or dine Gordon Quaiitm : r ...wmin and trom actual experience remedy. We do not claim that recommend it for what it really c 1 irj , .. the reasonsfor the excellence customers too highly to offer Fig Syrup Co., and in order 50c per bottle. One size only. Angeles; Thanksgiving day Pomona, at Los Angeles: December 0 St. Vincent! College, at Riverside; December 1& Selma Athletic Club, at Selma: December 25 Haskell Indians, at Los Angels; January 1 All Stars, at Los Angeles. PERKINS PORTLAND, OREGON ITrat-Clag, Chech Rentaarsnfr Connected With Hotel. C O. DAVIS, Sec and -Treat. ft 41 m m,mm Hats $3 $1.00 a Bottle Drug Co;