ill
VOL. XLV.- 2fO. 13,980.
PORTLAND, OREGON, TBTURSDAY, SEPTEIUBER 28, 1905.
PRICE FIVE CENTS.
JURY FINDS ftLL
THREE GUILT!
Williamson,Gesnerand
Biggs Convicted.
VERDICT READ IN OPEN COURT
Conspiracy to Suborn Perjury
the Charge.
FIRST BALLOTS 11 TO 1
After Voting for Almost Six Hours,
Jurors Reach Agreement De
fendants Give Notice of
Motion for Xew Trial.
THE VERDICT.
t7n"d States ef America vs. J. N.
WHMamMHi, Van C-esner and Marion
B4rrs.
We. the Jury 1 the above-entitled
eae. ad the defendants J. Wll
MtMMR. Van Gopnor and Marien Biggs
gwMty as churRpd In the Indictment,
asd reoa-mmend them to the leniency
f the court en account of their pre
viwm god character.
JOHN BAIN, Foreman.
Gsllty as chargod In the Indictment."
After throe trials, extending over three
ntONtks. John Newton Williamson, Ropre-B-owtHtivc
la Cbngress from Oregon; Xr.
Vaa GeMior, his partnor, and Marion R.
B4gps. thoir friond and the United States
Commissioner for the General Land Office
nt Prinevllle. have been declared to be
Ewttty of the crime of conspiracy to sub
orn perjury, and have been thrown upon
the leniency of the court, by reason of
their previous good character.
The long and tiresome third trial of the
ease has passed Into history, but unlike
the first and the second. It has been pro
ductive of a. decisive result. Onco more
tfce oause of the Government and the In
defatigable energy of United States Dis
trict .Attorney Honey have been trlumph-
THXKD TRIAL OF THE CASE.
The Wllllamson-Blggs-Gesner case
has boon before the Federal Court
three times, the Juries at the first
two trials not being able to reach a
verdict. The first trial began on
Friday. July 7, and the charge was
given to the Jury on July 18. The
Jary was discharged by Judge De
Haven on July 20.
The second trial began on Friday,
Jly 21, and the case was given to
the Jury on Tuesday, August L The
Jry was discharged by the court
-without an agreement on Thursday,
August 3.
The trial Just ended "was com
menced on Tuesday, September 5,
Judge Hunt, of Montana, presiding..
At the outset, M. R. Biggs was slck,f
which delayed the case for a couple
of days, the jury being completed
cm September 7. The case was
given t the Jury at 5:20 o'clock on
September 27.
ant. and conviction has come from the
hd of a jury selected and sworn to
try the guilt or Innocence of the defend
ants upon the law and the evidence.
Btit It was not a question easily decided
r wtck of settlement, for the Jury
wrestled with the decision from 5:20 In the
afternoon until 11 at night, and It was
eight minutes later before the sealed en
velope containing the fate of the three
men was handed to Judge Hunt for his
perusal. For many ballots the Jury stood
11 for conviction and 1 for acquittal.
As though reluctant to give their de
cision to the world, the jury dallied with
the verdict until the limit of time allowed
the court had almost elapsed before
tey announced the fact of their agree
raent. The long hand of the clock had
overtaken its slower and shorter neighbor
and passed the goal that marked the hour
before the defendants, summoned by tele
WHO THE DEFENDANTS ARE
The defendants In the Wllllamson-Blggs-Gesner case are . three well
known men of the state. One, the Representative of the State Jn Con
gress, one a United States Commissioner of the General Land Office, the
other one of the best-known physicians of Central "Oregon, where he' has
lived and practiced for years.
John Newton Williamson was born in Lane County, November 8. 1SES, and
went to Crook County in September, 1S76, being 20 years old at the time.
He has resided there since that time, until about five years ago, when he
moved with his family to The Dalles. In order to educate his daughters.- He
still retains his residence at Prinevllle, however. Mr. Williamson began
ils career in Crook County as a sbeepherder, and has worked his way up
until he Is now one of the largest sheep-owners in . the 'state. In 1BS6 Mr,
Williamson was elected. Sheriff of Crook County, and .in 1ESS wh sent to
the lower bouse of the State Legislature from Crook County. He -was again
sent to the House of Representatives in 1SSS, and in ISM was sent to the
State Senate. He was elected to Congress on June 6, 1902, still holding that
office, though he has not appeared upon the floor of the House since his
Indictment
Dr. Van Gesner was born In Salem In 1652, and studied medicine In Wil
lamette University, and later Jn Philadelphia in 1S82. He went to Crook
County about 25 years ago, where be practiced his profession a number of
years. He became connected with the sheep firm of' Williamson, Wakefield
& Gesner in the Fall of 1901.
Marlon B, Biggs, the third defendant, was born In Pike County. Mis
souri, in 1S64, and studied law in that state. He -went to Burps, Harney
County, in the ,s..and in 1894 moved to Prinevllle. where he . has since re
sided. He qualified as United States Commissioner on June zTisot '. "
phone, reached the courtroom, and tho
Jury was called.
Mr. Bennett was the first to arrive upon
the scene and In silence took his place
at the long table where he has labored
for three times to clear his friends and
neighbors from the taint of so great a
crime. Mr. "Williamson came In with the
(iron-set mask of his face as calm, as
expressionless and as gray as It has been
during all the long strain of the trials.
Dr. Gesner, like a white-haired shadow,
slipped into his accustomed place and
nursed the cane upon which he has leaned
during all the trial. Biggs alone was
cheerful and smiled as he came into the
room, but his brightness failed to Illumi
nate the countenance of H. S. Wilson,
who closed the procession and sought his
place "by the table.
"Have they agreed?" Mr. Bennett
asked, and, as no one seemed to know,
settled back In his chair solemn-faced and
sad.
Judge Hunt came in,- took his place
upon the bench and waited for the Jury
to file in, while the big clock filled the
silent room with its beating.
The 12 men slipped through the door
and Into their -seats silently while the
court addressed them.
"Gentlemen, have you reached a
verdict?" the question" came, and with
out a word, "John Bain, tho foreman,
arose and handed the sealed envelope to
the aged bailiff, who tottered across the
Xew feet intervening and handed It to the
Judge.
As the harsh rasp of the tearing paper
struck the silent room it seemed to arouse
the spectators who had. sprung from no
where and they leaned breathless to the
front waiting for the word.
Mr. Bennett shifted in his chair and
clasped the sides of the table with nerv
ous hands, but the rest of the men sat
as though carved in stone, their eyes
alone moving as they followed the fingers
of tho Judge.
Verdict Is RcadAloud.
The folded papor was handed to the
clerk, George H. Marsh, to be filed, after
which it was road aloud, while the Hston
crs hung upon the words one by, one, as
PENALTY FIXE AXI IMTIUSON
5IEXT. The statute under which the Indict
ment against J. X. WHHaraaa, Dr.
Van Gosner and Marien It. Biggs was
returned Is section S440 ef the Re
vised Statutes of the United States,
known as the "conspiracy clause of
the Federal law." It sets out what
shall be construed as guilt In a con
spiracy against the United States
Government, and provides the penalty
therefur. The text of the law U as
follows:
VSection 5440. If two or more per
sons conspire either to commit any
offense against the. United States. r
to defraud the United States in any
manner or for any purpose, and one or
more of euch parties do any act t
effect the object of the conspiracy,
all of the parties to such oenrplracy
shaH be liable to a .penalty of not'leM
than 51000 and not more than f 10,000,
and to lmprUoBmrat not more than
two years.
they came. As the reader pronounced the
sentence and the word "guilty" fell from
his Hps, the defendants shrank as from
a blow, while Mr. Bennett grasped the
table until his knuckles were white and
tense. He semed to be the worst hit of
all, and gazed dumbly at the clerk and
then at the Judge, as though he could not
bolleve the evidence of his ears.
Mr. Williamson dropped his head upon
his hand as if the light shining In his face
hurt his eyes. Dr. Gesner gripped tighter
the cane he carried, while all the smile
had left the face of Mr. Biggs.
Judge Hunt arose and thanked the Jury
for their patient attention and uncom
plaining service throughout the trial. He
then dismissed them.
Defense to ilovc for Xew Trial.
Turning then to the defendants and
their attorney. Judge Hunt asked if there
were any motions to be made, and Mr.
Bonnett, shaking off the spon which
seemed to wrap him round, asked to M
allowed on behalf of all the defendants to
file notice of a motion for a new trial.
Judge Hunt stated that he would like to
have the motion filed as soon as possible.
aH he desired to leave" the city within two
weeks, but he allowed ten days In which
to complete the written transcript of the
motion and place It before the court.
The court announcedvthat pending the
filing of the motion the defendants would
bo allowed to go on the same bonds under
which they are now resting. Then the
court adjourned, and without speaking the
defendants filed silently from the room and
into the night. They had no statements
to make, they said. It was not their time
to talk.
Mr. Wilson said, however, that no
course of action was as yet mapped out,
for the verdict had not been expected. It
was not probable, though, that the case
"would be taken to the Supreme Court. of
the United States, as there was no con-
(Concluded on Page 11.)
DEFENDANTS WILLIAMSON, BIGGS AND GESNER ARE FOUND GUILTY OF.
CONSPIRACY TO SUBORN PERJURY
HOTS IN BUDAPEST
Socialists Attack Coalition
Headquarters.
MANY- INJURED IN. FIGHT
Thunder Storm Interrupts Proceed
ings, but Newspaper Office At
tracts Mob Fears That
Revolution May Come.
BUDAPEST, Sept. 27 Between 40
and S3 persons were Injured In riots
here this evening, when Socialists and
adherents ef the coalition parties. In
cluding students, clashed opposite the ;
Royal Hotol, and for two hours there J
were scenes of tremendous oxcltement. j
The Royai Hotel is the headquarters of I
the Independence Club, in which Is tho '
council room of the coalition leaders. j
The students and other supporters oft
the coalition had arranged for a gigan
tic torchlight procession tonight, but)
during the day the Socialists Issued in- .
flammatory proclamations calling 'on
all Socialists and others opposed to the
coalition lo gather and fight for their
rights, -which, they said, the coalition
was ' trying to sidetrack under cover
of an alleged affront by the King-Emperor
to the whole nation. Owing to
these proclamations, the coalition lead
ers decided to postpone the torchlight
procession, seeking thus to avoid blood
shed. Socialists Attack Club.
At S o'clock about 1500 Socialists
gathered outside the Independence
Club and announced their Intention of
entering and tearing down the coun
cil -room. A large force of police was
present and was assisted by 159 promi
nent citizens.
The mob made an effort to enter, but
was vigorously opposed by the police.
A fight ensued and. axuid the wildest
clamor, a number . of . persons . were
stabbed, but the Socialists were finally
scattered. Fifteen minutes later, how
ever, the Socialists reappeared.
By this time the adherents of coali
tion-In large numbers appeared on the-
tcene and their appearance resulted in
a free, flght between the two" factions. A.
dense mass of humanity surged in every
direction., shouting- and singing the
"Marseillaise" and other songs. Clubs,
sticks and stones were used vigorously.
Meanwhile a thunderstorm came up
and vivid lightning lit up. the square,
while the thunder added a note of ter
ror. Rain fell In torrents, and the com
batants were finally dispersed -by the
police. It is reported that over 48 per
sons were wounded, eight .of them seri
ously. There were no 'deaths. '
Newspaper Office Assailed.
Scattered fights continued In differ
ent quarters and a section of the Social
ists marched to a building In -which Is
published a newspaper that supports
the coalition, where they broke the
windows and attempteu to gain an, en
trance. The mob was held back by tho
police, while the printeis and editors
threw furniture from the windows on
the heads of the crowd. "Here, too, a
number of persons received wounds.
llnally quiet was restored and up. toJ
io-o'ciocx"tnjre'was-no" renewai-or tne
disorders.
.It is not thought that the rioting; of I
tonight jvili have any effect on the gen
eral situation, which certainly has
grown worse, while the feeling
throughout Hungary against the d$--nasty
Is Increasing. Among well-informed
persons it is believed that bet
ter counsel will prevail after the first
flush df passion dies away.
Revolution Is Simmering.
It Is said that the Emperor has Issued
orderepthat. In the event of disturb
anohar$h measures must be. avoided
if possible, but .no one knows what
will happen next. Revolutionary cries
are freu,uontly heard In tne streets, and
an element of the population is endeav
oring to stir up the passions of the
people. Tljis effort, however, is being
(Concluded on pare 3.)
CONTENTS TODAY'S PAPER
' The Weather.
TODAY'S Rain; warmer; south to west
wind.
YESTERDAY'S Maximum temperature. 3d
deg.; minimum, 50. Precipitation, 0.3S
inch.
Foreign.
Great Are destroys government buildings at
Colon. Page 3.
Riots between Socialists and Coalition at
Budapest. Page 1.
Liberal party organized to control Russian
Douma. Page 4.
Gomer retires from flght for Cuban' Pres
idency. Page 4.
Norway may havo popular vote on monarchy
r republic. Page 5.
National.
Senator Heyburn denounces President. Glf
ford Plnchot and Oregonlan. Page 1.
Independent bsef-packers subpenaed against
trust. Page 4.
"Secretary Taft returns from Orient and dis
cusses affairs ef Philippines, China and
Japan. Page 1. .
Domestic.
Portland widow matrimonial deal In Iowa.
Page4.
More revelations of graft In Equitable "Life.
Page 3.
Sports.
Pacific Coast scores Oakland 7, Tacema 1;
San Francisco S. Los Angeles 3. Page 7. .
' " " Pacific 'Coast.
Dominion Exposition Is opened at New West
minster. B. C Page 0. -
Convict labor leased - to Loewenberg-Golng
Stove Company for two years. Page ft. .
T. F. Ryan said to hava -viewed Tacema tide
lands In the Harriman lnteerst. Page C
Oregon school meeting may net relievo clerk
. of responsibility for funds. PsfitO.
Idaho women raid blind pig with axes. Page
11-.
Clio. Allen married again to F. H. Kllbourne.
of Seattle. Pagetf.
- Lewis- and Clark Exposition.
Admlslsons. 1S.723. Page 10.
Governor Mead, of Washington, urges con-
tlaaance of Exposition another year. Page
10.
LH'estock awards cause no protests. Page 10.
Agricultural days today and tomorrow.
. . -Paso 10. . . . . .
Plans for Portland day complete. Page 10.
- - - Portias asd Vlclaltj-.
Jury in Un!td States District Court finds
Congressman Williamson.' Dr. .Gesner and
M- R. Biggs 'guilty of conspiracy to-suborn
perjury. Page 1-
Ctty loses ?WX) by negligence of Executive
Board. Page .
Bonneville bpys who assaulted young girl
narowty escape lynching. Page 14".
State Representative peorge Mayger elopes
with telephone girL Page 0.
City licenses total 39000 more- tb'rQuarter
than last. 'Page 14.
Lone highwayman holds up saloon man and
spectator and gejs 452. Page 10.
Home Telephone Company making rapid
progress' with. its local construction work.
Page 10.
E. IV Harriman' re-elected president of the
O. R. i N. Page 14.
PeUtics.
Great abundance of candidates for Repub
lican offices. Page 14.
Row over local plumbing Inspectorship grows
hot, Page 9. .
Commercial Jtd Maruse. 1
Good movement in Oregon potatoes Indica
ted. Page 13.
California bop' crop average .In size and
quality. Page IS.
Stock operators hold prices even. Page-15.-Wheat
Arm at Chicago on-light movement.
Page 15. - - ,
jGreat Northern Steaz3shl. .Company, 'refutes .
to Join protest, against J7.30 differential.'
Cruiser Fatke lSK-loTsSs TnwtUco?
Page 7. .
EFT COMES HOME
Discusses Affairs of Philip
pines and Orient.
INDEPENDENCE IS FAR OFF
He Thinks - Chinese Boycott Will
Fade Away Outbreak of Ia
d rones In Cavite Japanese
Sentiment on Peace.
SAN FRANCISCO. Sept."27.-Secretary of
War Ta.ft and party arrived hero this
morning from the Orient on the steamship
Korea. The party made no stop at Hono
lulu, but came through. The Korea broke
the trans-Pacific record by several hours
and Captain Zeeder Is reported to have
said at Yokohama that he was going to
show how fast a Pacific Mali liner can
travel.
Immediately on arrival here, the Korea
-nent Into quarantine, as is required by
regulations.
EL H. Harriman and R, P. Schwerin nre
passengers on the steamer.
The Korea sailed from Yokohama Sep
tember 17. and came direct to this city.
On this trip she covered the distance In
10 dayp. 11 hours and 5 minute?, an aver
age speed of over IS knots for the entire
trip. The steamer Empress of Japan has
made the "run from Yokohama to Victoria
In ten day? and ten hours, but the dis
tance between those points is about 64
miles less than that covered by the Korea.
The following members of the orig
inal party returned on the Korea:
Secretary of War. William H. Taft,
Colonel Clarence ' Redwards, Captain
J. C. Thompson. A. D. C, Captain
William Kelly. Jr.. A. D. C. Pri
vate Secretary Fred W. Carpenter, Major
Guy L. Edle, Private Secretary James
A. Leroy, Private Secretary W. R. Pedi
go. Senator and Mra Nathan B. Scott,
Senator and Mrs. Fred T. Dubois. Senator
Murphy - J. Foster. Senator Thomas M.
Patterson. Representative and Mrs. Se
re.no E. Payne, Representative and Mrs.
Charles H.- Grosvenor. Representative and
Mrs. William P. Hepburn. Representative
and Mrs. George W. Smith. Representa
tive and Mrs. David A. De Armond. Rep
resentative and Mrs. A. J. Jones. Repre
sentative Henry A Cooper, Representa
tive Charles Curtis. Representative George
E. Foss. Representative and Mrs. Ebe
nexer J. Hill. . Representative Theobold
Otjcn, Representative W. M. Howard,
Representative and Mrs .Michael E. Dris
coll. Representative Charles F. Scott.
Representative A. A. Wiley. Representa
tive and Mm G. A. Loud. 'Representative
Swagur Sherley and Mrs. Sherley, Repre
sentative Newton W. Gilbert. Representa
tive Duncan E. McKInlay, R. Clough An
derson. Athcrton Brownweli. Louis Cha
pln. Representative W. B. McKinley,
Charles Clark. Miss Clark. Ward. E. Cop
ley, Colonel James D. Hill. Mrs. Nagle,
Charles T. Jobes, William . J. Johnston,
Burr Mcintosh.
Taft Reviews His Trip.
In an Interview with the Associated.
Press representative. Mr. Taft said:
Reports coming from the Philippine 1st- !
ands seemed to Indicate that it would be
wise for the War Department to make a
visit of inspection to those Islands during
the past Summer, and his going with a
sufficient stafT was thought to present a
good opportunity to form a party of Con
gressmen Senators and Representatives
to vllt the Islands as the guests of the
Philippine government. The Philippine gov- j
eminent was poor, and was unable to do
more than arrange for the passage money
of the Congressmen who would form part of
the party. This did not Include the sleeping-car
accommodations, or the meals- along
the way, sad. Indeed. left the Congressmen
to defray from, their own pockets by far
the larger part of the actual traveling ex
penses. The party as organized consisted of S3
Representative and seven Senators. Of the
13 were accompanied by their wives. In
addition, ,Mlsi AIIc .Roosevelt and her
Xrlesds. . my irlends, Xist -Xoaramaa aad
Miss McMillan, were of the party, and then
a number of other persons, pleasant asso
ciates, joined the party, paying their own
expenses, so that the official party numbered
about. 20 people and the unofficial party
about f more. -
Wo left Washington over the Baltimore
& Ohio railway on June 30, and reached
Chicago the afternoon of July 1, and then
took a special train over the- Chicago &
Northwestern and tha Union Pacific, gath
ering the various members of the party as
we went. We spent four or five days of very
hot weather in San Francisco, enjoying the
boundless hospitality of the people, and set
sail on July S on the Pacific Mall steamer
Manchuria. We reached Honolulu on tha
14th. and spent there only tha hours be
tween sunrise and sunset of that day. when
we sailed again for Yokohama.
The stop at Honolulu was one of pleasure,
as It always Is. I have been there three
times, and my only Idea of the citizen ef
Hawaii is that of a committeeman appointed
to see that the stranger within Diamond
Head shall have the opportunity of knowing
the best of the islands.
Great Welcome In Japan.
Wa arrived In Yokohama- on the 24th. and
were greatly surprised by the elaborate re
ception which had been prepared for us by
the Emperor, his Cabinet Ministers, the
Governors of the provinces, the Mayers of
the towns and the Japanese people. For
five days we were the guests of the govern
ment, and nothing could have exceeded the
kindness and enthusiastic manifestations of
friendship which were shown to us. It
was chiefly due to the presence of tha
daughter of the President, to whom th
people wished to show their gratitude for
his Influence for peace. We were housed
In Tokio. and the whole official party. 54
In number, lunched with the Emperor and
Empress, after each member had had a
personal audience with tbem. The Premier.
Count Katsura. gave the whole party a
banquet at the Hotel Imperial, and the Min
ister of Wcr gave a garden party at the
arsenal gardens, which "added much, variety
of Interest. After the beautiful luncheon,
at which, speeches were made, we were
given an exhibition of famous wrestling by
the professional wrestlers of Japan. We
saw the champion wrestler, who was said to
weigh somewhat more than 400 pounds.
In leaving Tokio. wo were given a popular
farewell, such as had never been aen In
Tokio before. The whole Immense square
In front of the railroad station was crowd
ed with people shouting "Banzai" and ex
tending to us even evidence of enthusiastic
good-will and friendship, and soNaking the
line of the railroad on the special train,
which was called "the welcome special." as
we went from Yokohama and the various
towns on our way to Kyoto, we were greeted
by the Governors of the various provinces
and the Mayors of the various cities and
by the Councils until we reached Kyoto,
where wa spent more than 24 hours as
guests of the city, and were given an oppor
tunity to see the marvelous manufacturer
(and interesting palaces of the Japanese cap
ital. From Kyoto we went to Kobe, where
we took the steamer through the Inland
Sea to Nagasaki, and there again we had
a real Japanese welcome and a midday fes
tival. Progress of Manila.
Proceeding on the Manchuria to Manila,
we enjoyed a four days rest. We landed
In Manila on Saturday. August ' The whole
party was taken care of by private house,
as there were no hotels suitable. JThls Is
one trouble in Manila, but the commission,
through the municipal council. Is ' taking
steps to secure the necessary capital for
the erection of a great hotel upon the I. li
ne ta. looking out to the sea and occupying
the- mo favorable position in the city for
comfort, beauty and prominence.
Most elaborate preparations had been made
for our receptionln Manila, but w arrived
one day ahead of time; accordingly, all of
the reception except the flotilla of boats,
which met us In the harbor, was postponed
until Monday morning, when we were given
an opportunity to see in the procession the
progress which had been made Jn the civil
government and in the business of the isl
ands. The procesion was certainly most In
structs e and worth)- the character of the
municipal organization of Manila. The im
portance of the. school organization and, the
Are department of Manila showed that the
city was now. under American management,
an excellent, up-to-date city. It Is still lack-
Ling an adequate water supply and in the
proper njgiemc swer system, due aHtnority
ha besn given by Congress to construct
both. Plans have been made and approved
under the direction of Desmond Fitzgerald,
the famous municipal engineer of Boston,
for adding to the water supply from a very
pure source In the mountains and for con
structing a sewer which will carry off the
sewerage from Manila In a way tib avoid
Injury to the health of the Inhabitants. Ma
nila Is so low. being about seven or eight
feet above the sea level at any point, that It
Is neecssary to run the sewerage Into res
ervoirs and pump It out to sea.
It was very gratifying on landing to And
that the great harbor works, which will
probably make Manila; harbor as coavenlent
as any In the Orient. In the main were com
pleted, so that the largest vessels were able
to land and unload In stormy weather dur
ing the southwest monsoon, behind tha
breakwater, something which was unheard
of two years ago. The whole appearance of
the City of Manila to one who knew it four
or five years ago, is changed.
Outbreak of Ladronism. .
The Secretary here referred In detail
to some of the recent Improvements. He
continued:
The political situation In some res-iscta
was not as gocM as It ought to be. A wave
of Udroalsm has swept over the Provlnee
of Cavite and It bos been found necessary
to suspend the writ of habeas corpua In the
Province of Cavite and Batangas. the neigh
boring provlnee. Tha same was true in
Samar. but the use of troops in Samar and
the use gf the scouta and constabulary In
Cavite haau put an end to the disturbances;
howevtr. there were two or three men re
eponslbla for the keeping up of ladronlsm
who had not been captured. Complaints
were made against the constabulary and, while
many of them were unfounded, it was prob
ably true that a change In tha conrtabuUry
ought to bo effective, and it la now under
consideration by the Government.
The distressing agricultural depression, due
to the tecs of 75 per cent of tha agricultural
cattle, drouth, locust and the cholera as well
as other causes, will probably not cease to
be for several years. This, naturally, sub
jects the Government to criticism, because
this alien government I much more likely
to ba criticized for existing conditions, how-
(Concluded on Page Five.)
SUMMARY OF INDICTMENT
Under Which Williamson, Gesner and Biggs Are Convicted.
Tho indictment under which Williamson, Gesner and Biggs were
tried and convicted was drawn by Oliver E. Pagln, of Washington, D.
C, and was the object of much criticism and attack by both the attor
neys for the defense and by the court. Judge De Haven having- at the
former trials made some caustic remarks regarding the looseness of its
construction when it was under discussion. The document was based
upon section 3440 of the Revised Statutes of the United States and the
specific charge alleged was a "Conspiracy to commit the offense of sub
ornation of perjury denounced In section 3393 of. the Revised Statutes."
Stated briefly, the indictment alleges that John N. Williamson. Van
Gesner and Marion-' R. Biggs, of Prinevllle. on June 30, 1902, entered into
a conspiracy In the consummation of -which they were to suborn a large
number oi persons to commit perjury by inducing them to file upon tim
ber claims under contract to transfer the claims to the firm of Wil
liamson & Gesner for "500 each as soon as title had passed to the
claimants from the Government of the United States.
The persons named In the Indictment as being- those who had "been
suborned by the defendants were Campbell A Duncan, Susie M. Duncan,
Frank Ray. Ethie M. Ray. Ben F. Jones, Nancy D. Jones-, Green Beard,
Mary J. Beard, Emmett B. Holman. Henry Hudson. Christian Feucr
helm. .WUford J. Craln, Jennie Craln, Henry Beard, Jeff erson D. Evans,
Mahaa J. Evans, Ernest D. Starr, John S. Watklns and Lettie Wat
kins. According to the allegations or the Indictment the defendants In
duced these persons to file upon timber claims in the vicinity of Prine
vllle at which time they were forced, according to the law, to swear
that they were taking tho claims for their own use and benefit and.
without intent to sell or transfer them to any other person, and that
they had no contract to sell. It is alleged In the indictment that at the
time the persons filed they were" doing so at the Instigation of tW de
fendants, and for their benefit anJ profit; that Gesner had lent them the
money and furnished the filing-fees and final proof money under the,
contract and agreement that as soon as the lands were passed to patent
anu deeds given by the Government, the lands wero to be transferred
fo the firm of Williamson &. Gesner. the claimants to receive $75 profit
irf each Instance. '
CALLS MEN LI
Epithet Flung at Pres.-v-
dent'and Pihchot.
WILL FIGHT IN THE SENATE
Roosevelt Not the Whole Gov
ernment, He Declares. -
CARES NOT WHAT HE SAYS
Idaho Senator Also Falsely Accuses
Oregonlan of Lying About Him.
Will Try to Cut Ofr For
est Heserve Money.
OREGONLAN NEWS BUREAU. Wash
ington, Sept. 27. Senator Heyburn Is con
fined to his room with an attack of ap
pendicitis. He arrived here on the first
train from New York this morning and
went at once to Stoneleigh Court, where
a physician was waiting. The doctor is
unable as yet to tell whether an opera
tion will be necessary, but the Senator,
who suffers considerably, hopes to recover
without surgical aid.
Although confined to bed, the Senator
consented to see The Oregonlan corre
spondent this afternoon, but absolutely
refused to make any connected declara
tions of his future course regarding Idaho
forest reserves. He will not call on the
President while here, nor pay any atten
tion to forestry matters, but will leave
for Idaho when able to leave.
Asked If he ;cas now ready to abide by
the Administration's forestry policy or
Intended to carry his fight into the Sen
ate, Mr. Heyburn hotly replied:
"I will do what I please when I get
ready. Forest reserves don't interest me
Just now. and I won't bother about them.
They don't Interest my -constituents as
much, as the papers try to make It-appear.
President Not Whole Government.
"Administration's, policy!"' he added with
a sneer. "Who made the Administration's
policy? President Roosevelt Is not the
whole Government. He is not a member
of any legislative body I am. Congress
makes policies; the President don't.
There is a time and place where I will
have my say, and when that time comes,
you will see what I Intend to do."
"Then it Is to be Inferred you will
cany your flght Into the Senate V
"Infer what you please; say what you
please and say I said it. I don't care
anything about it. Newspapers don't run
things in Idaho; they can't scare me; they
can't dictate to mo; nobody can dictato
to me, not even the President. I am not
a servant of the President; I am his peer,
and as for Plnchot and the rest of those
underlings, I don't care anything about
them; I'm through with them."
Scoffs at Plnchot and Gooding.
"Mr. Plnchot and Governor Gooding
have .reached an understanding as to for
est reserves In Idaho," was suggested.
"If you think Gooding has changed, ask
him," snapped the Senator, and in the
next breath he sneered:
"Plnchot and Gooding have agreed to
deal out lands In Idaho. Who gave them
authority? It's not their land; they can't
give away that land, any more than I
can give away the Kingdom of Heaven.
It is all foolishness. Congress gave the
state sections 16 and 36; Pinchot and
Gooding can't take these sections away
from the state."
Mr. Hoyburn was. considerably surprised
to learn that the President had made
public all the correspondence bearing on
the Idaho' reserves and that the lettera
(Concluded on page 3;)
i -