A mam PORTLAND, OREGON, VEDNESDAY, OCTOBER 18, 1905. PRICE FiTE CENTS. VOL. XUV.- StO. 13,997. ran rack SQUIRMS 111 President of Mutua Has Bad Day. DECLINES TO DISCUSS Puts Himself in Peril of Indict ment for Contempt. LETS OUT MORE SECRETS Admits Payments for literary Bu reau and Lobbyists, but Can't Explain AVhy Policy-Holders' Dividends Fall. XEW YORK, Oct. 17. Testimony In the insurance investigation, which was re sumed today after a week's adjournment of the legislative committee, was most exciting throughout the day and only the repeated threats of Senator Arm strong, chairman of the committee, to clear the room prevented violent dem onstrations of disapprobation of the wit ness, who was Richard A. McCurdy, president of the Mutual Life Insurance Company. As it was, however, there were jeers at several periods of the day's testimonyythat temporarily lnter j up ted the testimony. These came when Mr. Hughes, counsel for the committee, asked questions that Mr. McCurdy was reluctant to answer or evaded, and wore made by the crowd that stood at the back of the room, which long ago proved inadequate to accommodate the counsel and witnesses and the crowd" of specta tors. Where this investigation is going to load or where it is going to end has caused no small amount of conjecture an J, in some quarters, anxiety. With the many threats that have been taken up and dropped before they have been followed to their ends in order that some new lead may be taken up and with the additional features that are disclosed at most ,evory. day,- the- Interest grows more U'tense. Maintains Literary Bureau. In Mr. McCurdy's testimony today a feature entirely now was disclosed and this was that the Mutual Company em ployed a literary bureau to send out to the press of the country news matter that was of benefit to the company. This information was elicited during the prob ing of the legal expense account. It came out when a voucher for the payment of $2500 to Joseph Howard, Jr., in 1901. was produced. Another voucher for the same amount paia m -May, iaoo, was marked "repayable on demand," and "for professional services." Mr. Mc Curdy had endorsed the vouchers and explained that Mr. Howard was a news paper correspondent and that his services consisted in syndicating news stories Pressed further Mr. McCurdy said: "Mr. Howard was a correspondent of the Boston Globe and several other papers." Mr. McCurdy said he paid Mr. Howard about 52500 a year and that the voucher for May, 1005, was "really a loan or an advance." Why lo Dividends Decrease? During the earlier session of the day an attempt "was made to obtain from Mr. McCurdy the reason for reducing the dividends on policies as the business In creased and the assets plied up. This question was prompted by the large number of letters -received from policy holders. These letters came from all over the country, Mr. Hughes said, but ho .ead a number from policyholders who reside in this city. One in particular for J3.000 said that in 1S76 he drew a dividend of J55 76, but had been gradually cut un til In 1M he received only $3. On this matter the witness was not fortified with the information sought; he said that these were not essential mat ters and, when pressed, replied that he refused to discuss the question. He would proffer a witness, his actuary. whose business it was to know these things, but as for himself, he would not discuss the question. 3rcCurdy Grows Defiant. Mr. McCurdy's demeanor was defiant and the spectators bent forward to catch every -word and stood on tiptoe expecting- every moment to hear him directed by counsel to --answer th question. His proffer of another wit ness was all that prevented steps being- taken toward his Indictment. When Mr. McCurdy would not offer the infor mation sought, Mr. Hughes himself started on another line of Inquiry Later In the day Mr. Armstrong ex plained that since the information de sired by the committee could be ob tlned by another course, it was agree able to the eommittee to let Mr. Mc Curdj place himself in the position "he had. Had he, however, been directed to answer and had he, knowing the in formation desired, then refused, Mr. Armstrong said steps would have been taken to Indict hinufor a msdemean or. which is the offense of a witness re fusing to answer questions before legislativeCommIttee while the Legla lature is not in session. If the Lcglsla ture were in session, refusal to answer would have, constituted contempt- Mr. McCurdy also during the effort to induce him to answor the questions as lo the reduction of dividends launched forth Into a protest as to the manner In which the investigation was beini; conducted. He said the commit tee was going- beyond the scope intend ed when it was appointed by the Legis lature and that tho investigation had assumed the proportions of an inqui sition. He was asked by Mr. Armstrong how ho would conduct the Investigation and was told If he had any better method tho committee would be glad to know of it, Mr. McCurdy thought that putting- a witness under oath made him feel he was on the rack. He said his answers were published In a dis torted form, that appeared like an at? tempt to ruin him. Says Liars Can Figure. After taking up the question of the reduction of dividends, Mr. Hughos read a long list of policy numbers and what had been paid and the dlvIdcnJs received by the policy-holders. Asked what he had to say to these Mr." Mc Curdy said: "Figures don't lie, but Hnrs can fig ure" He hastily explained that he meant that facetiously, and that he would be glad to verify the figures. The legal expenses were ""again re curred to and a number of vouchers were read. It was brought out that William Barnes, Sr., of Albany had ap peared before a committee in Albany last Winter and had received $1030 from the New York Life and the same amount from the Mutual. Later it was brought out In a letter to Mr. McCurdy from William Barnes, Jr., that G. A. Barnes, Sr., was under an International retainer to the Mutual Life. V Why Bowles Was DIsclwrged. A voucher In 1902 for $10,000 payable to T. H. Bowles was explained by Mr. McCurdy as part payment In settlement of a feult Mr. Bowles had brought against the company. Mr. Bowles bad ; been dismissed by the company for In subordination. Mr. McCurdy said to day that the Insubordination consisted in "throwing mud" and trying to In jure the company. Mr. Bowles has not been In business since he severed his connection -with the Mutual in Milwaukee. He is visit ing- in this city, and tonight gave out statement In which he said: The aspersions cast upon me by (he specu lations and deductions drawn out by the testimony offered In tho insurance Investi gations are false and I stand ready to go before your honorable body and give th facts. The ontlre testimony of the day was a continual thrust and parry between the counsel and the witness, and when ad journment was taken for the day, Mr. Hughes had not finished with Mr. -Mc Curdy. The lattor will be recalled to morrow and questioned about the trust companies and subsidiary organizations of the Mutual Life. The fact that James H. Hyde had re turned to the city and that William H. Mclntyre would voluntarily return to ap poar before the committee was an an nouncement of much omen today. It was stated today that neither 'Mr. Hyde nor Mr. Mclntyre will be called this week. At a meeting of the committee after the scwlon It was decided to hold sessions three days this week. Lawyer John B. Stanchfield, of Elmlra, who was the Democratic candidate for Governor of New York In 1500, was In the commlttec-room when the session opened, It was reported that he had been retained by the Mutual Life Insurance Company. Beck's Boast Disproved. James McKeen. associate counsel to the committee, put In evidence from the rec ords a statement of the assets of the Mutual Life Insurance Company and of the Banks of England. France and Gor many. James m. Beck, of counsel for the Mutual Life Insurance Company, claimed last Tuesday before the commit tee that the assets of the Mutual Life exceeded the combined assets of the Banks of England. France and Germany By cable Mr. McKeen said that he had ascertained the combined assets of these Institutions were $2,226,574,723. while those of the Mutual were $440,978,371. Further, said Mr. McKeen. he had found the sal ary of the nresldcnt of the Bank of Ger many to bo $30,000 per annum, and that of the chief governor of the Bank of England to be $10,000. He had been un able to ascertain the salary of the presl dent of the Bank of France. The examination of Mr. McCurdy was then begun, he being questioned first as to the advertising. A clipping from magazine for October, 1905, was shown him. He said It was an advertisement setting forth the advantages of his com pany. Witness never saw the advertise. xnent before in his life. He had no more knowledge of what advertising his com pany puts out than the casual reader. This was the business of the advertising department, he said. Mr. McCurdy did not know whether some one In the Mutual Life Insurance Company's office received the coupon at- tached to the advertisement which the reader is Instructed to forward to the company for furthor information, -or whether the coupons went to C. H. Ray mond & Co., the metropolitan agents of the Mutual. Dividends Fall, Assets Increase. Mr. Hughes announced that the com mittee had received a large number of let ters relative to the dividends on the poli cies of the Mutual Life Insurance Com pany. Some of them Mr. Hughes read to the witness, saying those he read were from policy-holders In New York City. One writer who had taken out a policy In 1BC5 for $3000 on the 10-payment life plan said his dividend in 1S76 was $55.76, In 1BS1 it was cut to $39; In 1851 it was reduced to $20. and In 1904 to $3. This, the writer said, was In the face of the reserve increasing year after year. Mr. McCurdy said Mr. Hughes had the wrong witness. It was the actuary, be said, who looked after the calculation of dividends. Had he been notified a day ahead, he would have been fortified with this Information. Mr. McCurdy complained that this in vestlgatlon was general, outside of what was contemplated when the committee was appointed by the Legislature. He said he understood this was to be an examina tion of Insurance methods, not an inquisi tion. Mr. Hughes replied that It was Indeed an Inquisition. "We will have occasion to call your actuary, but you have been In the Insur ance business for 40 years and I want' to learn what you know about your com pany." said Mr. Hughes. "You are Its president and receive $150,000 In salary. I want to learn for what you're respon sible." Trying to Prove Him a Fool. "You are trying to prove rae a fool," the Witness retorted. "Without commenting on that which PIPE SCANDAL INVOLVES LADD Member of Board Which Lets Contract to Company He Gontrols. BIDDERS ARE INDIGNANT Oswcro Iron and Steel Company, Though Its Price Is Much Higher, Gets Contract for ripe for Eight Miles. Not only Is the award of the $1S2,SSS pipe contract to the Oregon Iron & Steel Company, made by the Water Board Monday, a violation of the city charter, from the fact that W. M. Ladd. influential member of the Board, con trols the company, but It has given rise to suspicions among other bidders that the Ladd interests used their in fluence on the, Board to secure a biff contract for their Oswego Iron plant. though their bid was. higher than those of unsuccessful rivals, and though castlron pipe, the kind that the Oswego plant produces, will cost the citv $37,000 more than would steel pipe, the kind that a number of com petitors would have furnished a sum which, at 5 per cent interest for years, would amount to $123,000 enough to rebuild the entire line of pipe from the two points that It will connect. Mount Tabor and Highland, a distance of nearly eight miles. Bidders Arc Indignant. The unsuccessful bidder's nre com plaining that they did not get a cntmre deal, one of them. George C Strow, agent for the Martin Pipe & Foundry Company, of San Francisco, rtclarlnir: You might as well iook ,tor a snowoan In h 1 as for a square deal here. e wore deliberately and. in cold blood skinned out of this business. In spite of the fact, shown by comparison of our bid with that of the Oregon Iron & Steel Company, that we would have saved this city on cast-iron pipe nearly $300). I was told that the proviso in our bid for In spection of the pipe at the foundry, be fore It was shipped, lost us the business, notwithstanding the city was to have Its own Inspector. "If wc had K Jerome or a Folk in th town, fo rauroaa omc ui un kujo where they belong, perhaps an honest man could get a square deal." Other representatives of outside compa nies were wrathy also, the steel pipe men claiming that they spent large sums for living expenses In Portland, on the assur ance that steel would be considered by the Water Board, instead of being thrown out; the cast-iron men declaring that though their bids were cheaper than that of the Oswego plant, the latter got the contract through some strange influence. Ladd Member of Water Board. The leading member of the Water Board, next to Mayor Lane, Is William M. Ladd, and tills Ls not the first time contracts have been let to the Oswego plant. Mr. Ladd and Mayor Lane are in close touch with each other. The former aided the election of Line, and subscribed several hundred dollars to his campaign fund. The pull of Mr. Ladd with the Mayor ls admitted by Democratic workers, and they say that for this reason Mayor Lane will not change the personnel of the Water Board. Mr. Ladd controls the Oregon IroUsand Steel Company, which owns the Oswego plant. The business was established In 1S55 and Its stock was owned by' the late W. S. Ladd and the late S. G. Reed. The Ladds have furnished thq working cap ital and have acquired the chief Inter est in the business and hold it practical ly in their own hands. Award Is Violation of Charter. The award of the contract to the Oswego plant is a plain violation of the charter which says in section 133: "No councilman or other officer or employe of the city shall be or become directly or Indirectly Interested In, or In the per formance of any contract for the supply of labor or material to the city. If any such officer or person In this sec tion designated shall violate the provis ions of this section he shall forfeit his office and all such contracts in the hands of others than a purchaser without no tice shall be void." The clfcr should have saved about $37. 000 by buying steel pipe Instead of cast iron, but the castlron advocates, backed up by the Mayor, say that while the life of a steel pipe line would be perhaps 25 years, that of a castlron would be in definitely longer. The pipe line which carries water to Portland from Bull Run, 33 miles, ls steel. What the Bidders Say. "We are the best losers In the world." said a representative of tho Schaw-Batchcr Company last night. In discussing the award of the contract. "and the only complaint -we have to make relates to the Injustice of bring ing a lot of us here from different parts of the country to bid on riveted sVeel when there does not appear to have been the slightest Intention of making the award upon the basis of that material, no matter how low our bids were. "I have been here two weeks under heavy expense, and three other for eign firms the RIsdon Iron Works, of San Francisco; J. T. Ryersdn & "Sons, of Chicago, and the Jersey Pipe & Foundry Company of Paterson, N. J., have likewise had men here the same length of time dancing attendance with tnc idea that the riveted steel people would have a fair show when the bids were opened. "DcductIng$12.S00 for sections 24, 25 and 26, of specification 'C,' which re late to caulking, shop testing and cleaning, which arc absolutely of no consequence, as the entire matter Is covered by section 34, which applies -to field tests, beat the bid of the Oregon Iron & Steel Company exactly $37,690, and on our supplemental bid. based on an allowance of this unneces sary work, wc beat them $50,490. "Another thing to be considered Is the fact that upon the basis indicated the award In favor of castlron piping will have a tendency to give riveted steel a. black eye, on account of the precedent established, so very few peo ple understanding that it was never tho- Intentlon to consider the riveted steel feature at any stage of the proceed ings. The castlron men will use this in future for all it is worth, and point to the award made v by the Portland Water Board as an evidence of the su periority of their material, without considering the way In which the con tract was obtained." The bid of the Martin Pipe &. Foundry Company, of San Francisco, although about 55 cents a ton lower , than tnat of the Oregon Iron & Steel Company, was rejected for an alleged Irregularity In not including "specials and for pro viding for Inspection of material at Birmingham, Ala., instead of un Port land. It Is claimed that George C Strow. tho local representative of the Martin concern, offered to assume all risk In transportation, but the Water Board held that this was merely personal obligation, and not covered by the provisions of their bid, as required by the specifications. When Chief Engineer D. D. Clarke. of the water department, submitted the various bids to the Water Board Monday afternoon, he accompanied It with his analysis of the situation concerning the rival materials: MIa Favor of Steel-HIveted Pipe (1) Economy In first cost. Saving over cost of castlron main estimated at $36,511. This compounded at 5 per cent will amount to $123,727.S2 In 25 years, or about the cost of the original pipe. practically providing for a renewal of the main In 25 years. "AKaUHt Steel-lUveted Pipe (1) Its life Is at present unknown. There Is danger of excessive corrosion from the effects of soil and water if the metal Is not thoroughly protected. Tweny-four miles of Bull Run conduit. No. 6 plate, have had 11 holes In the plates since 1901. Rochester. N. Y.. conduit, laid about the same time. 1893-4. 26 miles 38 inches In diameter, of 14-tnch plate. have had 75 holes In the plates since 1901, 63 of them having occurred since 1903. Astoria pipe laid In 1S95 (No. 7) and No. 72 plates) Is reported as show ing signs of failure. (2)' Service con nections not made so easily as with castlron pipe of equal diameter. "(3) Capacity estimated to be 10 per cent less than for castlron pipe of "(4p.-niser C-jJeeclr.olvy aetiea Iim current from lstrjt-ear tans i f recorded as exceeding? that for castlron pipe, i no pipen uumg inuuii iiunucr, they will be more easily destroyed. "1b FJaver of CatIroa Pipe (1) Du rablllty probable life at least 100 years. Samples from main laid In the ground for 35 years show no deprecla tion. Danger from corrosion due to action of poll and water less than for steel mains. 'l2) Service connections can be made with greater ease than with steel mains a distinct advantage within city limits. "(3 Capacity estimated to be 10 per cent greater than for a steel main of same diameter. "(4) Danger from electrolytic action Is regarded as less than for steel mains, At least tho metal being more than twice as thick as steel plates used. It will last much longer. "Agalnat CnxtlreR Pipe Increased first cost, estimated at $36,541. Interest at o per cent per annum. Jiszi.Oa per year. Compounded at 5 per cent this will amount to $123,727.32 in 25 years, Jn all efher respects for distribution mains castlron Is superior to steel metal pipe." COURT SUSTAINS DEMUHjlR TO NEW INDICTMENT. Holds Charges Not Specific Enough and Orders Special Grand Jury for New Indictment. ST. LOUIS. Oct. 17. Judge Willis Van devanter. In the United Stutcs Court of Appeals, late today announced that he had sustained the demurrer to the Indict ment of United States Senator Burton, on the ground that the Indictment was faulty. He ordered that another Indict ment be returned at once. Judge Vande vanter coincided with the attorneys for the defense In their contention that. If their client had entered Into an agreement to appear before the Postofflce Depart ment for compensation, he was entitled to know with whom he had entered Into this alleged compact. Judge Vnndevanter then set November 9 as the date for a special grand Jury to meet and hear wit nesses for the Government against Bur ton. Burton gave bond In the sum of $5000 for his appearance. The grounds upon which Judge Vande vanter sustained the demurrer were: That the charge failed to name the person with whom Senator Burton made his alleged agreement to receive compensation for ap pearing before the Postofflcc Department In behalf of the RIalto Grain &. Securities Company, of St. Louis, to prevent the is suance of a fraud order: that the charge that he knew of the pendency of the case in the department Is not explicit; and that It Is not shown that the Postmaster General bad any right to make the Inves tigation. In commenting on the-points on which the demurrer was sustained, the court said: The defendant must be reasonably in formed of the charge against him. It is a crime to kill a man, but an Indictment for murder must state who was killed. Tbls Is necessary tbat either conviction or acqutrtsl on agx charge may serve as a- bar to future prosecution on the same charge. Whenever knowledge constitutes part of an offense, the. knowledge must be charged. In the Jp dlctraent. The Indictment did' not 'set forth tbat the Postmaster-General was Investigating- anything whlchVlt la in bb power -to investigate. HIGH PREMIUM IS ON tt HEROES Carnegie's Committee Finds Them Few and Hard to Discover. CLAIMS BY FAKE HEROES Klgld Investigation Sifts Down 590 Alleged to 19 Actual Heroes Entitled to Gifts of Med als and Money. PITTSBURG. Pa.. Oct. IT. (Special.) The Carnegie hero fund committee, whose duty it Is to look Into deeds of alleged bravery and. where a worthy case is found, to give a medal or cash, perhaps both, Is not having as nice a time as the outside public has thought. The ten awards of yesterday brought out the fact today that lots of work Is connected with this duty, that in adher ing data for these awards, 'thepjifclal agent of the committee traveled "12.000 miles. Several hundred cases had been sifted down to 50, which, looked most promising, and the agent was sent to examine Into these. He returned with but ten real cases which he could rec ommend, the other 40 falling down. Fake Heroes Run Down. Many efforts have been made to hum bug the committee. Misleading and at times untruthful statements regarding cases have been sent, entailing a world of expense In time and money In running down. One of the committee today said the public would likely soon become satis fied that nothing" was to be gained by sending In exaggerated stories of revues. that In each case which on the surface looked right the special agent would In variably be sent to make a personal and exhaustive examination of the affair and tha't any exaggeration and false state ment which had been made of the case was bound to be found out. The committee announced that the tes tlmony of competent eye-witnesses to an act of bravery must be given. Newspaper accounts of rescues are not taken as evl dence. Only 19 of 590 Genuine. There have been 5S0 -cases of alleged heroism thus far .brought to the notice te committee. Thtit the committee and the public do not grec on ideas oi heroism Is" shown by the fact that, while only 310 of these have been investigated. only IS have been judged worthy of en joying proceeds of the hero fund. The other 231 have been rejected, many not having the first elements of heroism The committee has announced that real heroism must be shown. When a person knowing full well that his life will likely pay the forfeit, yet freely risks the same to save the life of another, that Is hero Ism. Many applicants have mistaken ex citement for heroism. Many and amus ing have been the applications, some hav ing themselves called attention to their brave deeds. There are on record appli cations for medals for those who have caught runaway horses, yet investigation showed that It was done to save property and at no risk. The element of risk must enter largely Into applications for hero medals. People who have put out Incip ient fires, extinguished flames enveloping persons, undoubtedly saving, lives, have come to the committee with applications, but have been turned down. Soldiers of many wars have applied only to be re fused consideration of their valor on the battlefield. No act performed before April 15, 1904, when the hero fund was estab lished, will be considered. IRVINKS BODY CREMATED Ashes Will Lie In Abbey Beside Gar rick's Body. LONDON, Oct. IS. At an early hour this morning the body of Sir Henry Irving was removed In great secrecy to a crematorium, where It was cremated The secrecy surrounding the event was due to the desire of the family to avoid publicity. Tomorrow night the ashes will be taken to Westmlnslf r Abbey where, In accordance with cua torn, they will lie ltr St. Faith's Chapel until the funeral ceremony on Friday. The funeral cortege will start from the residence of Baroness Burdett Coutta, which the Baroness has placed at the disposal of the family. A spot alongside Garrlck's grave. In Poets Corner, Westminster Abbey, has been selected for the burial of Sir Henry Irving, whose body will there fore lie directly beneath the statue of ShakesDeare. The bodies of Dr John son and Charles Dickens are near by King Edward will be represented at the funeral. Twelve hundred cards or admission to the Abbey will be issued. The honorary secretaries have already received applications exceeding this number. BY NORTHWEST PASSAGE Norwegian. Explorer Goes From At lantlc to Pacific. NEW YORK. Oct. 17. A special to the Tribune from New Bedford, Mass., says The whaling schooner Era arrived In port today from Hudson Bay. after two sea sons' stay, with 7500 pounds of whalebone. She reports that the Norwegian Arctic exnlorlntr expedition was successiui in maklnsr the northwest passage. Captain Comer basing his statements on a letter h had received from Commander Amun den, of the sloop GJoa, who was at -that time. ADril 22. in King William s iano. The riatlves reported that the Norweg lans had made the passage, and the com mander himself later sent word that the GJoa will work her way out to Behrlng Strait durlnjc the Summer. Several months ago news was brought to San Francisco by fishing schooner that the natives of the north coast of Alaska had been In communication, with Com mander Amunden. and that the explorer had said he expected to get out of the ice in March next. - There was no con firmation of the news, and the scientific world was dubious of the success of the expedition. Several messages purporting to have originated with Amunden were received at Alaska posts, and these found their way to Seattle and to Henry Lund, Con sul for Norway at San Francisco. Lund could not verify the commander's signa ture, but he was confident that the mes sages were authentic, and that to the sturdy Norse was due the credit of hav ing proved the existence of the northwest passage by actual trip by vessel through its lea masses. PAY DUTY0N PRESENTS President . Orders' Daughter Treated Ijike All Other Citizens. CHICAGO. Oct. 17. A dispatch to the Record-Herald from Washington says: Secretary Shaw and Collector Stratton, of the Port of San Francisco, have had a load of trouble for several weeks about which the public has- known nothing, and It was lifted yesterday when the Secre tary was told by President Roosevelt to collect the legal duty on all dutiable ar ticles brought back to this country by Miss Alice Roosevelt. The total duty Is expected to reach nearly $60,000. The daughter of the President has re ceived during her trip to the Philippines. China, Japan and Corea many pretty and some quite valuable presents. Some of the customs officers suggested Miss Roose- elt ought to be allowed to bring the aluables in duty free, inasmuch as she was treated with all the honors of Princess and did much to cement friend ship between the United States and for elgn countries. The belongings of crowned heads, of royalty and of diplomats are always admitted free of dutv Into the united states. Secretary Shaw received suggestions un til he was almost sick. The presents are worth probably $100,000. and If the usual rate or duty was Imposed it would cost Miss Roosevelt or her father upwards of 60 per cent or 5CO.00O. Neither Miss Roose- vlt nor her father Is rich, although the oung woman Is understood to have a modest fortune in her own rlaht. Finallv secretary snaw tooK his burden to the President and told him about It. "Lliere Is only one thing to do." renlied me x-resiueiu. xnai 13 to treat mv aaugnters oaggage as you would the bag gage oi any otner private person. She will pay duty on everything that Is auitaDie. MRS. TAGGARPS CHARGES Says Court Was Prejudiced and Hus bund Used Money to Cause Bias. WOOSTER. O.. Oct. 17. Attornevs for Mrs. Grace Taggart late tonlcfct filed an amendment to the motion on four new trials of the' famous divorce case. The allegations are: That the plaintiff omDloved money during the trial and .prior thereto, to influence public sentiment and there by bins the court; th&.t the court ac copted evidence not offered in tva trial; that the court was prehidloia and disregarded evidence; that th decree was glr-en. under the lnfiuenae of prejudfee and passion. Another Russian Ship liaised. TOKIO. Oct IS. (1:30 P. M.) Th navy department has announced that the Russian battlesnip Pobleda. which was sunk at Port Arthur, has been successfully refloated. CONTENTS TODAY'S PAPER The Weather. TESTKRDAT'S Maximum temperature. 34 aeg.; minimum. 44. Precipitation. 0.27 of an men. TODAY'S Occasional rain. Continued coot. esterly winds. Foreign. Moorish brigands capture British efflcerc but release them when warships appear. rase - French fleet moves on Venezuela with Amer lean approval. Page i. General outbreak ef strikes in P.umU Pa&e 3. National. President makes radical change In olvjl serv Government will fortify terminals of canal. Page 3. Canal commission and engineers return, Page o. Indictment against Senator Burton invalid Pago J. ! Cuban business men want permanent com mercial treaty with United States. Page 4. roll tics. Philadelphia machine Investigates Mayor Weaver and gets evidence against Itself Page 3. Domestic. McCurdy squirms at Insurance investigation and refuses to answer questions. Page 1. Ten Denver bankers indicted fer stealing. Page 2. American women sold as slaves In China. Page 2. I. W. Pratt recovering from paralytic stroke. Page. 3. Great difficulty of Carnegie's committee in finding heroes. Page 1. Jerry Simpson at death's door. .Page 3. Sport. Los Angeles defeats Tacoma by score of 5 to 2. Page 7. Seattle wins from .Oakland In good game. Page 7. Pacific Coatt. Commissioner J. H. Davis says charges ef mismanagement at Fort Stellacoom Asy lum are all "tommyrot Page 0. Washington Llquordealers Association jumps on local option. Page Man and woman fight duel to death at Marshfield. Page-rr Vancouver City Council censures General Williams for his report on moral status of Vancouver. Page C. Pacific University boys capture a highway man at Echo. Page C. Deschutes Settlers' Association appears be fore State Land Board. Page 6. Commercial and Marine. Actual conditions In hop market. Page 13. Sharp upturn In wheat at Chicage. Page 13. Continued high wool prices expected. Page 15. San Francisco hop market waiting one. Page 13. . Good supply of funds starts stock buying. Page 13. Costa Rica, has rough trip up the coast. Page 7. Portland and Vicinity. Contract for water pipe springs a scandal in volving W. M. Ladd. Page 1. Citizens discuss methods of uslns Fair's surplus fund. Page 10. Record of sale of lots, to terminal yards. Page 10. ' Comparison of paid and free admissions at the Fair. Page 10. Wells goes out and Stewart Is made Adjutant-General of the G. A.' R. In Oregon. Page 11 Box ordinances discussed by Liquor License Committee. Page S. -Joe. Toun. who shot Van Dran. sentenced - to sir .years In the penitentiary. Page 14. Portland citizens prepare to attend the Lew-' Iston-Clarkston Fair. Page 11. MAN Si WOMAN KILL EACH OTHER Fight Thrilling Duel to Death at Marshfield, Coos County. WOMAN SHOT IN tfEART J. A. Armitngc Slays Mrs. .7. O. Stoops Because She "Would Not Itcturn His Love, nnd Is Himself Slain. MARSHFIELD. Or.. Oct. 17. (SpeetoU A double tragedy occurred here abet 3 o'clock this afternoon when J. A. Arml- tage was "shot by ilrs. J. O. Steoos. a. neighbor's wife, but lived long- enough to shoot the woman through the heart, caus ing instant death. Armltage reached his own home, threw him?elf on the bed and died In a short time, without giving an reasons for the shooting. Mrs. Stoops has four children and Arml tage has a wife and five children Hying on a ranch near Eugene. Stoops and fam ily moved to this place about three years ago from near Eugene, and shortly after they came here Armltage arrived on the scene and rented a house near the Stoops- He left his family on his ranch In Lane County, and lived here alone. There has been more or less talk about the atten tions paid Mrs. Stoops by Armltage. but Stoops evidently had faith In hl wife, as no trouble grew out of the gossip. About three months ago Mrs. Stoof told Armltage that she did not want him to come to her house. His reply angered her brother, who was in the room at in time, and he atared to shoot Armlts but Mrs. Stoops threw up his arm and thf ball went wide of Its mark. AtmitaF threatened to kill Mrs. Stoopa and wuf arrested and placed under JSOft bonds to keep the peace. Stoops was away from home today, and Mr?. Stoop and hr voung- children locked themselves in tin house, fearing that Armltage would frce himself upon her. Armltage sat at his window all day smoking with a ritle at his side. The woman not coming outside the hewe until nearly time for her sou to Msmif from school, he took his ride and wt t her door. When Armltage tried t flare It in Mrs. Stoops flrtu! at him throueliH door, bdt the ball missed Its murk llr then went to a window, broke in the low er sash, entered the house and started upstairs, where the woman had takcu refuge. She fired at him as he enme up the stairs, the ball entering his head jwt above the left eye. He also fired, the btili taking effect in the heart. Armltage crawled through the window and went back Into Jus- own house. He was still alive when the first porsons ar rived but died soon afterwards. Accord ing to a statement made by Armltage soon after the first trouble occurred be tween the couple, the Intimacy between them!-he and Mrs. Stoops began while Stoops and his family were living on Ar mltage's ranch near Eugene. He wus very much In love with the woman, and claimed that the feeling was reciprocated. Armltage owns considerable property here besides a fine ranch In Lane County, where he has a large and highly respect ed family. The following letters wore found on Armltage's table: "To the Coronor: Please have my body fixed in proper shape and phone to my brother, F. L. Armltage, at Eugene. Or. "J. A. ARMLTAGE." "To the Coast Mail: I will make a statement In regard to this affair. I am not doing It because I fear the outcome of a trial. bu I think it would be more of a disgrace for me to appear in court with such people than to commit this deed. In regard to her complaint. It H absolutely false. I never presented a gun. nor threatened her life. She made ta remark "You want to threaten my Hfe- I said T did not want to do any such a thing, and now they are not satisfied when I am attending to my own business, but they are tormenting me In every way because they think they have the advan tage of me for a few months. Tours truly, "J. A. ARMITAGE." p. S. She told me one time when we lived In South Marshfield that If she ever caught me with another woman she would kill me sure." WILL BANQUET W. J. BRYAN Filipino Hcbels Prepure to Honor Grand Ciller Antl-Imperlallst. MANILA. Oct. 17. Preparations are be ing made here for an elaborate reception and banquet to be tendered to "William J Bryan on his arrival in Manila by native Filipinos, principal among whom are the former insurgents, Gomez and Lucbans. and the famous Lopez family. The Ameri can admirers of Mr. Bryan are holding aloof from the Filipinos, and will give him a separate banquet- The ESks will also give a banquet In Mr. Bryan's honor Toklo Banquet a Success. TOKIO. Oct. 17. (9:30 P. M. The dinner given by the Japanese-American Society at the Maple Club last evening In honor of W. J. Bryan was an eminent success Barqn Kaneko presided. Mr. Bry" evi dently enjoyed the pure Japanese style of entertainment. He said that the historic cordiality of both nations had been fully demonstrated both by words and actions. Mr. Bryan will be pntertalned at luncheon tomorrow by Count Okuma. leader of the progressive party, nnd also will address the students of the Waseda University. Cotton Operators Wages Haiscd. FALL RIVER, Mass., Oct. 17. The Manufacturers'" Association today an nounced a 5 per cent increase of wages of cotton mill operatives and a profit-sharing plan to take effect October 25 6