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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 23, 1906)
VOL. XLY.- yo. 14,080. t PORTLAND. OREGON. TUESDAY. JANUARY 23. -iqa - : . "
HIS EASY MONEY
Lords of Finance Lent
to Town Topics.
REPAID IN COSTLY STOCK
Vanderbilt, Morgan, Gates and
Others Give Up.
JLARK ALONE NOT EASY
Montana Senator Only Promised
Dreaded 'Editor oC 'Fnd& and
Fancier"' Sonic Railroad
Bonds Schwab Worked.
NEW YORK, Jan. 22. Coloi.rUTV. D.
Mann, editor of Town Topics, -testified
at the Hapgood criminal libel trial to
day that he had borrowed nearly,
$200,000 from J. P. Morgan, James It.
Kecne. W. K. Vanderbilt, William C.
Whitney and other prominent nnan
cicrs. Many of these loans never "were
repaid, so far as Colonel Mann could
recall, and others were repaid in stock
of Town Topics at $1000 a share. Tho
largest single loan was obtained from
James R. Keene, who loaned the Town
Topics editor V90.000. From VJ. K.
Vanderbilt Colonel Mann obtained
$25,000, from J. P. Morgan $2500, from
W. C. Whitney $10,000, from Colonel C.
P. Huntington $5000. from John W.
Gates $20,000, from Charles M. Schwab
$10,000 and from Thomas F. Ryan
, When Colonel Mann testified that
many of these loans were paid in
Town Topics stock at $1000 a share.
James "W. Osborne, counsel for Mr.
Hapgood, asked if the par value of the
stock Is not $10 per share. Colonel
Mann replied that It was.
Paid Money for Xothing.
A contract was produced showing
that $2500 was paid "by William J.
TWitt. of Cleveland, 'for a subscription
"to "Fads" and r--..ncies." th oolr which
was Issued under Colonel Mann's di
rection. Mr. White's name was not in
this book and Colonel Mann was asked
why Mr. White paid the money. He
replied that he did not know and that,
learning that Mr. White was a promi
nent Cleveland man, he had approvca
his subscription. The price of a sub
scription to raps and J? ancles' was
$1500, and Colonel Mann was asked
what Mr. White paid the extra $1000
hq wanted lour pages instead ot
two," Colonel Mann replied.
Gold Brick for Senator Clark.
Colonel Mann's dealings with United
State Senator W. A. Clark, of Montana
were taken up by Mr. Osborne. The
witness said he never received any
money from the Senator.
Tncre was a series of articles
about members of his family?" Mr.
"I am not aware of It," said Colonel
!-- oi-i-iua -v. Kioppoa and -wu
became friends with Senator Clark?
"How did you become friendly with
him without money?"'
xnerc was some correspondence
with him, said the defendant. "The
Senator came to my ofTice and talked
for an hour or two. He said he was
building a railroad.' He traid-he "was
going io issue oonos only when the
road was completed and that I coula
have some of the bonds then. Since
this I have not seen Senator Clark.'
Schwab's "Loan' of $10,000.
via you ever borrow from Charles
Schwab?" asked Mr. Osborne.
"I applied for a loan of $10,000 from
him on stock of tho Alger-Sullivan
rumour company and he agreed to
tako the stock and give me the
"Did you get it?"
"Some one brought the money to the
on ice and it was left there, but I did
not handle it."
"And you don't know who It was
that "brought the money?"
Money From Vanderbilt.
Taking up the loan from W. K. Van
derbilt, which Colonel Mann said
might have been $25,000, Mr. Osborne
"Is it not agreed that his name is
never to be" printed in Town Topics?"
"Did you not tell Mr. Wayne your
managing editor, that, if he said any
thing about W. K. Vanderbilt Jn your
7aper or even mentioned his name at
all. it would be taking money out ot
"I did not," answered Colonel Mann.
The relations of the Equitable Life
Assurance Society to Town Topics
were then taken up. Colonel Mann
testifying that the paper printed ad
vertisements in several languages for
Had First Tip on Equitable Row.
"Did you not have tho story of the row
in the Equitable quite a long time before
it became public, and did; you not suppress
that story because of your friendly rela
tions with Mr. Hyde, or for other rea
sons?" he was asked.
"Did not a woman bring you the story
of the 'quarrel in the Equitable?"
Colonel Mann answered: "I now kave jitlm
: : 7 . x-JtjLUJB ViS GENTS.
f ! J 5 5 T- : ; - -
faint recollection that a woman who
said she was a stenographer or clerk In
the Equitable office came to my jofflcc
and said she knew the facts about a'flght
inside the company, but I paid no atten
tion to her. A day or two later the whole
thing about the Equitable quarrel came
out in the papers."
From R. P. Flower the witness said be
had borrowed $2000 or $3000.
Mr. Osborne read a clipping from Town
Topics about a member of the family of
J. B. Baker, of Baltimore, which, he said,
had been sent to Mr. Baker from the
Town Topics office. .
Paid to Be ILeft Kuti x
Colonel Mann dtpUd that it was a prac
tice to send sucn -clippings to those whom
the Town Tonics C uxxnny wished to sub
scribe for tr'Vtr ,He sajd he did not
know Mr.'4i . njty member of his
family, but S 4r. Baker had called at
"his office XuSCplMrt Rboit tbe manner In
-which the paper bad treated his family.
' Colonel Mann Jsaid that there were per-
'haps thrc or four persons who paid $1500
ai.Irce for tho -book called "Fads and Fan
vTea whose names did not appear there
in They did not care to be mentioned in
l book, he said.
The witness said that for $10,009 he gave
Mrs. Collis P. Huntington two copies of
the book, "Fads and Fancies." Here Mr.
Osborne rested the defense of Mr. Hap-
Could Xot Work Belmont.
After recess District Attorney Jerome
recalled Colonel Mann to the witness
stand. Colonel Mann told of a transac
tion which he said ho had with Perry Bel
mont. Mr. Osborne had asked him wheth
cr he sold Mr. Belmont Town Topics
stock and whether the lawyer, Abraham
Hummel, did not come to him represent
ing Mr. Belmont, concerning a story in
Town Topics. Colonel Mann replied that
Mr. Hummel may have com to him con
cerning a story, and he may have sold
Mr. Belmont stock many years ago.
"I frankly told Mr. Belmont," said the
witness to Mr. Jerome, "that I was in
straitened circumstances and that I want
ed him to subscribe to some stock in
Town Topics. He left my office, saying
be would see me again but that was the
last I saw of him." Colonel Mann testl
fled, however that many years ago he
sold Mr. Belmont some stock.
Of the $50,000 which he borrowed from
James R. Keene. Colonel Mann said tnat
he had paid hack all except $46,000. and
that for this amount he gave Mr. Keene a
second mortgage on property worth
His Distinguished Associates.
The stockholders of Town Topics. Col
onel Maun testified, are W. K. Vander
bilt, 25 shares: John W. Gates. D) shares:
Howard Gould, 20 shares; Dr. Seward
Webb, 20 shares: the rest of the shares
being owned by Justice Joseph M. Deuel,
Colonel Mann and his wife and daughter.
Colonel Mann said that he himself owned
bur one share of the stock. In account
lng for Justicd Deuel's con'riectioil "Kitl
Town Topics, he said:
"He has been kind to us. my daughter
and myself, and we felt that, when we
could repay him we should, and we did
by giving him some of our own shares.'
Just before leaving the stand Colonel
"I forgot to say that W. K. Vanderbilt
sent me back my notes and later re
turned me the stock.'
The witness had previously testified that
he repaid a $23,000 loan from W. K. Van
ocrDUt by giving him 23 shares In the
Town Topics stock.
Osborne Flays Whole Ganjr.
Here the prosecution announced that it
rested its case and Mr. Osborne began
summing up for the defense on the evi
dence or tnc prosecution. The defense
has several witnesses who probably will
be called tomorrow. Mr. Osborne, in sum
ming up, compared the Town Topics pub
lication to a story of the three fates
painted on the wall of the courtroom
in -una comparison the agent of the
paper was the spinner. Judge Deuel was
the measurer and the old man. whom
Mr. Osborne called the king of assassins
ol reputations, was colonel Mann. Mr.
We claim It was disgraceful for a Judge to
be connected with such a paper. We claim
that Judge. Deuel, a Judge, of a. children
court, -read tbo .proof of this vile Town Top
ics; we claim it we. disgraceful for a Judjce
to be connected with a paper that aimed at
the destruction or the purity of the youth of
the country. We claim Town Topic rro-
auces scandal. Judge Deuel and Coloue Mann
nn-w uiey were uuuainsr a power of terror
mat was Xelt all o-er the land.
Colonel -Mann went to Oliver Belmont.
man he did not know, and boldly asked him
xor money. But Belmont would not utie up.
ana ne wan "oaa Oliver" In Town Tories
ever after. But Perry Belmont rave ur. and
ne was tne good Perry.
juage ueuei. our trustee by law. t in
Judgment on our libel sultn and roes down
ana reads proofs of Town Topics.
vxtonei iiann aemanaed money and did It
noidiy that one millionaire gave him the
money and told him: "Kor God's sake, take
back your notce and your stock."
Judge Deuel was connected with a paper that
was a venomous swamp of libels. They were
nice me xxjisone.a arrows of the bushman.
jney Tere sent xrooi ambush. A verdict
against Hapgood Is a Tcrdlct against decency
and love of virtue In this community.
Here adjournment was taken until to
BIS TO THE UNIVERSITY
-KOCKEFELIjER ADDS 3IITjEjTON
AXD HALF TO BENEFACTION.
-r . . J
Interest From Fund of $100,000 Is
to Provldo for "Widow or
CHICAGO, Jan. 21 Announcement was
made tonight at a special meeting of the
Chicago board of trustees that John D.
Rockefeller has Just given tho university
5L46O.O0Q. Of this sum 51.000,000 is for the
permanent endowment, $CS0,O) to cover
the current expenditures or deficit of the
various departments of the university up
to July 1, 1907, and the remaining JHOD0
of the gift Is to provide a fund the inter
est of which Is to go to the widow of
President W. B, Harper during Jber life-
Clay Sets Ball Rolling and AI-
dfich- Gives it an An
WHO IS FATHER 0MSSUE?
-UJiocic islander Gives Credit to
Hearst, Xot Roosevelt, and Pre
dicts Democratic Nominee
for President in 1908,
WASHINGTON. Jan. 22. The quesUon
of regulating railroad rates took prac
tically all of the time of the Senate today.
notwithstanding that no bill with that
end In -view -has been reported -from the
Interstate commerce committee. . Tho. dis
cussion of . the. subject was. in .connection
with Clary's speech, Aldrlcb. Fbraker.
Bailey and Ncwlands being the principal
participants in addition to Clay himself.
Clay advocated the passage of. a bill
which would give the Interstate. Com
merce Commission power to regulate rates
when .complained of. and said that If
there was no legislation along that line,
the country might count upon agitation
of the question of Government ownership.
in that connection, he rcferrod.to the
large vote given Mr. Hearst in the late
New Tork municipal election as an Indi
cation of the popularity of municipal own
ership of public utilities.
Aldrlch Indicated a purpose to oppose
sucn legislation as tnat outlined and de
clared that Mr. Hearst was the author of
the proposition to confer the rate-making
power on 'the commission. He also took
occasion to declare that the signs of the
times point to the naming of either Mr.
Hearst or Mr. Bryan as the next Demo
cratic Presidential candidate, but. when
pressed to Indicate the probabilities in the
Republican party, declined to make any
prediction, and also avoided answering- a
query of Bailey as to whether the Presi
dent would be a candidate for a third
Clay Argues for Regulation,
Clay. In.his speech took Issue with state-
mcnts made earlier in the session by For-J
aker in opposition to the constitutional
right of Congress to delegate its author
ity to wgulateintjrstate, commerce, say.
ms mat on- accoom or tne vast num
ber of complaints liable to arise it
would be impossible fdr' Congress, will!
its other pressing business, to give
anything like adequate attention to
them. He added:
If Congress should remain in section from
year to year, devoting lta entire time to this
work, it would be impossible to cats upon
one-twentieth of these various complaint filed
by the American shippers againtt the different
railroad systems of our country. I repeat. If
Congress cannot piss an act providing that
all interstate rates shall be xeaconable and
Just, thus fixing a standard and delegating to
the Comxnlzmon the power to hear the facts
and carry out the legislative will of Congress,
then the American people are at the mercy
or the railroads.
He declared himself a friend of tho
railroads, but said that because of
their public character it is proper that
"they should be compelled to furnish
to the public transportation . of per
sons and property that is both reason
ablo and just, and power ought to bo
lodged In an impartial, intelligent and
broad-minded tribunal to pass upon the
differences between tho railroads and the
shippers and render substantial Justice
"And," he added, "if Congress cannot
exercise this power through a commis
sion, then I am at a loss to know how the
people can expect proper relief."
Courts Sustain Commissions.
He declared that the laws granting au
tnorlty to state commissions to revise
rates so as to insure Justice had been
frequently upheld by tbo- courts, and con
In these very canes, it was claimed that the
legislative power must be exerclred by the
Legislature Itself, and could not be delegated
to any o trier ioay. nut tne courts have unl
formly held that where the Legislature enacts
that rates shall be reasonable and Jurt. the
duty of executing this law and of finding what
rates are reasonable and Just may be dele
gated to a Conrmleaton. and that a grant of
such power la not a delegation of legislative
authority. If such laws, enacted by the Leg.
muturc oi cirterent states, have been mil
talned as reasonable, why cannot Congress
enact that all Interstate freight rates rfiall
be reasonable and Just and leave to the Inter
state Commerce Commission the right and
power to Investigate and find out what rate
will be a proper one. what rate will be Just
and impartial as between the shippers and the
After quoting many decisions In sup
port of his contention. Clay analyzed the
law, saying that It does not afford ade
quate protection to the shippers. He
Railroads can destroy towns, cities and Pri
vate Industrie by improper rate, and who will
say that power should not be lodged some
where to Investigate JntelllgenUr all com
plaints; solely with a view cf dolar -Justice
between the roads and the shippers? The pre
sumption to that an Intelligent, broad-minded
Commission win be impartial and seek dili
gently to do JusUce to both sldeo. Why
presume that the Commission will decide ad
versely to the roads? "Why presume that
narrow - minded partisans, easily Influenced br
public clamor. wiuTappolntedio cUarr
It will not be a difficult te6c to
secure honest, lntelllgest .nprigfct men -to per- 1
xorm mis wora. ana no outer kind ought to be
Government Ownership Tlireatens.
Clay hinted at a possibility of an agita
tion of tbo qsestloa of 'government owner
ship of railroads. If attention is not gives
to tbe demand for regulation, saying:
The teutlaent hea been growing la favor of
Government ownership. Mr. Hearst came with
In a few thoowaad votes ot belnr elected
Mayor ot the City of New Terk in the last
election. Z have aeTer been a follower e-f at r.
Hearst. tTSo stad tie resaeteet leVea ef t&e
strong feltowlag which
Tf. atB?: lt w"
n which, ae.made his raee Coverwect
ewaersMe.. " "
I'e 7ft believe la Gereasatewa4rsW T.
railroad. The -rut saaaber ot essBleyes es
tuM In the work of operatise and bstldlzg
these roada would be largely under the In
fluence of the party In power la costrslllnr
the Govemraeat. Sacs power woaM enable the
party In control of the Goveraaaest to hold it
for all time to cose. Tbe'cnly way to turn
public attention from the public caatrol U
Govern aent regulation by lif.
Ship Subsidy Hits Snags.
At 2 o'clock the merchant marine
bilL was laid before the' Senate and
Gallinger asked the Senate to agree to
vote on the bill on February 12. but
Pamcl-oklectdjOn the ground that the
measure had not been sufficiently con
sidered by the Senate. He said that
be had no purpose to prevent a vote on
Gallinger suggested March S for a
vote, but Mallory objected on the
ground that the bill was subject to a
pUnt of order and Gallinger said that
Jn'New of the objections he would ask
the Senate to proceed without material
Interruption of the consideration of
the bill. Teller replied that nothing
would be gained by-such pressure and
said that there should be notice in ad
vance of such a move.
"I accept with due humility the cen
sure from the Senator from Colorado,"
Gallinger responded, adding that "such
lectures are not unusual
Teller froavowed any Intention to
deliver a lecture and said he was con
tending only for the rights of those
who do not agree with the New Hamp
shire Senator concerning the bill. The
bill was then laid aside temporarily.
Clay continued his speech on rail
road rate legislation. He said there
seemed to be an idea that in all in
stances the" interstate Commerce Cora
mission would decide against the rail
roads, but he contended that there
was no Justification for such eonten
tion. - It was to be presumed, he said,
that the commission would do justice
to all the parties far more impartially
than would either the carrier or the
Dolliver Kills a. Snake.
Dolliver interrupted to complain of
a criticism of himself In the Washing
ton correspondence of a Philadelphia
paper, in which it was declared that
'a snake had been discovered in the
Dolliver rate bill, a trick by means of
which the author of the bill, who
poses as a supporter of the President,
Is seeking to emasculate the bill so
that it will amount to nothing."
Tne provision to which reference
was made Is the section in the bill in
troduced by Dolliver. which provides
that the commission by mandamus
proceedings in the United States courts
may enforce its orders. This provision
was in addition to the rvennUv nf
56000 a day against the carrier which
might not comply with an order ot
the commission. Dolliver declared the
criticism, was .an attack not upon aim-
lf alone, but upon the entire Senate, and
that it was "stupid, uncalled for and
Her said thathn tak-onofc .
4Div" ujwcjaeo almost lurtaiiy from
inc interstate Commerce CemreJMlon
bill sent to the Senate committee on in-
icrsuue commerce. He did not. he
said., consider it necessary to defend
his own character from such attacks.
nut ne did think it worth while to
"expose a stupidity the like of whlrh
(Concluded on page 3.)
CONTENTS TODAY'S PAPER
iMiwvuA a maximum temperature, s
aeg.: minimum. 35. Precipitation. 0.12 of
TODAY'S Rain. Fresh southerly winds.
Jisjjroaa rate question debated. In Son.t.
Page 1. '
Auditor Benson before Senate canal com-
ii.ii ice. I'age
Taft denies Philippine Commissioners specu
in uou. .rage o.
Proposed reforms In land laws. Page 1.
wcn quote llOOSevelt In iinrnr
m io immunity. Page i.
-Dm to revive canteen introduced. T .
Charges against Bristol delay Conflrm..fn
rage 2. 1
Midshipman accuses officer of encouraging I
hazing. Page 12.
First clash between France and
at Algeciras. Page- 4.
Brazilian warship blown up and
iosu i'age a.
Austria and Turkey oppose union of Balkan
oiaies. i'age 4
Annlvrjary of Red Sunday observed quietly
. 41 jiusib. lire f.
Editor of Town Topics tells about money
"lorira irom nign nnanciers. Page 1.
voat miners demand more wages. Page 4.
Great storm In Middle West. Pagrf 3,
Rockefeller gives S1.500.0O0 to Chicago "Uni
versity, i'age i.
Pacific Coast League baseball men are gath
Tint ii an i-rancisco. rage s.
Brltt refuses positively to meet Joe Gans.
Dorx Jennings gives testimony In trial for
we at urini i I'ass. i'age 1,
jutea Kionaucer snoots nancee anri th
oinera ana Kins mmseir at Boise, rig 3,
J. R. Goldson. of Lane County. Oreroo.
niica id ngni wun cougar, rage a.
James Cameron, of Helix. Or., drops dead at
can emaruino. a. iage a.
j. u. xangiey arrested at Roseburr. Or..
with young girl from Martinez. Cat
Cemsrrclal a ad Ma rise.
Local wheat market dull with buyers and
seuers apart- rage I a.
Cereals 'quiet and easy at San
Wheat strong at Chicago on foreexst
cold wave. Page IX
Stock market broad and strong In face of
ncjrj prom-taxing, rage 13.
btearaer Alllaace establishes new reeorf
from Eureka to Portland rla Coos Bay.
PerUaad and YfciaKr.
Steam line from Portland to A)uV
probable. Page 8.
unable to capture highwaymen, cw.f
untzmaener declares that women who
were roBeea.were sot at id Bp. 'Page 9
.runner prosecution of Richards . dtMoAi
upon uie laviHsiiiiT oi mivur two
young gins teitiry. page 8.
.Bias ror coastractiea or East Side -BiwH
ecosoi re svsrauiea. i'age 8.
edoC vaiaa&le property oa'SaarUs Island
ny raotner to ese sen contested bv etk
heirs. Page 9.
Record ef a day in- the - Municipal Coort.
Chinese prepare to celebrate Jfew Year's-
r age is.
Harrlsaaa Inspires epoU!entto "North -Bask
roaa s artago across the wm&atjt
Xtt' .te-Tttfl-rWeJ W rne away.
against the gas graft rbr. 'htlryj taU w 1 . sUrL- la tkJmL
ew esaa4e. Page ill-. ;f !?T ,
REAMES IN RAGE
AT DORA'S REPLY
Girl on Trial for Life Gives
Her Testimony With Im
SMILES WHEN ORDEAL ENDS
Blanche Hobcrts, Jasper's Sweet
heart, Tells Flimsy Talc of Con
fession Made to Her by Girl
of Father's Murder.
GRANT'S PASS. Or.'. Jan. 2X-(Staff
Correspondence.) Dora Jennings has told
her story on the witness-stand. It was a
simple story of denial, as to the charge
of killing her father, ot hearing the shot
or being awakened by it. and of having
confessed to Blanche Roberts that she
bad committed the murder. The girl
made a splendid witness and under the
angry fire of the cross-examination she
was cooler by far than District Attorney
The passage between Dora and the Dis
trict Attorney arose over the contents
of a statement that Is, the Ianguago In
which is was expressed. The District At
torney has been loaded with signed and
sworn statements, and they have proven
a nightmare to almost every witness that
has testified at both trials.
.jasper ana OJora were not the only
vu" "J maae mem, ana when a
witness began to shift and be evasive,
Mr. Reames would . unearth a statement
In September or October last. In one
or two Instances they failed to force
the witness back to his original story, but
xor the most part these written docu
ments kept the witnesses from warping
tneir evidence to suit the change of senti
ment or the occasion.
Position of the Bead Body.
In her statement to the District Attor
ney, Dora said when she found her father.
on being awakened by ber brother Jim
my-the morning of the murder-
bis left hand was under the covers, his
right hand near his face and his face
was turned toward the door. In the same
position as she had seen him the night
oeiore. on cross-examIna.Hon h. txi
( that sha could no Mnamk.. i
odooywere, out remembered that
ner father's face was tamed toward th
iitue door leading into the main living-
uul came a wnticn statement, and
uora was asked to read the part in which
stie told of the position of the hands.
uon. s answer that she could not remem
ber did not satisfy Mr. Reames. and he
pressed her to know whether her state
ment, made September 11, or the one she
was making this afternoon, was correct.
Beames Gets Excited.
ju witness was nanded the entire
statement. She read it carefuUv. and
when through, looked up expectant. Then
air. Reames asked her if the statement
was not the one she had made In his
presence. The answer came like a thun-
x miu taose mines because you led
me Into saying them; it is not the war I
sata tnem. Are you not satisfied with
Mr. Reames was on his feet in an In-
"c"3 Iace was nujned with anger
Tf f . I
and he rushed to the table uoon which
o3- bad tossed the paper, and picking I
it up, walked to within a foot of the alrl
on the stand and Insisted she point out
to the jury any word or expression In tho
statement which he (Reames) had writ
ten. Dora was unafraid. She fastened
her Jet-black eyes upon the face ot the
prosecutor, but ahe did not move a mus
Dora Smiles in Attorney's Face.
Mr. Reames, while he did not mean to
aasume a threatening attitude towards
the witness, caused an uneasy stir, not
oniy among the jurors but amonr the
cru.a inn was Jammed Into the court
room back of the railing. The girl passed
tnrougn the ordeal with great diraltv.
and smiled very blandly into the face ot
the District Attorney as she left the
On her direct examination Dora gave
her answers quickly and in a low but
nrm voice. She told of first being aroused
by her brother Jimmy's voice saying:
"Wake up, Dora; pa haa been killed." She
told of getting up and going to the bed
In which her father lay, and when she
waa .confronted with the horrible wound
In his forehead, she broke down.
Dora bore out Jimmy's story that It wa
she who told him to run and tell the peo
ple ot the murder and of placinr a sheet
over her father. When Jimmy was rous
ing the neighbors, she stated that she ex
amined her father's pockets to see If his
money naa oeen stolen. TJwert, her other
brother, was at her side when she picked
up her fathers trousers and examined
Coald J"ofc Find Pockct-Book.
Dora did not And her father's pocket-
book, and she -denied on cross-examination
that she had ever learned whether it
had beca found. She told the. jury that
the last words her father spoke to her
before retiring. He was In bed and said
r !, , ,, I
I did not know the folks were coming."
Dora said she answered back that she
bad not known, it, and her father replied:
We bad a good time, anyhow."
These, were th ajtt wrvrA nnv tv I
wuieas ww5 asw aac hoi seen a iirnt I
,7-""- Mkt i.cr guests I
ner saa. sae;.aeard a
respease to a quesU'o from her f
counsel. W Clv4r- a to vktk. -v. I
ever-sbot a caliber rile, see said
III I I I
she had not, and had never fired a "weapon
omer man a -cancer nne. ana was a
good shot. She admitted on cross-exam
ination she bad. said to Jasper "Wilson,
who came to the cabin soon after Jimmy
had spread the alarm
"Come and see what fix we found pa
in this morals sr."
Grief of the Children.
The effort on the part of the- prosecu
tion to show that Dora and the rest of
the family had evinced no signs of grief
at the death of their parent was refuted
oy a number of witnesses. Several wit
nesses, men and women, swore that Dora
and the rest ot the children were in
tears when they arrived at the cabin
jasper Alison swore that when Dora
took him into the bedroom he saw TJwert
on the bed In which Dora and Julia slept.
crying. Dora, he said, was in the wood
shed gathering up firewood when he ar
rived, and she was crying then. Little
juiia and two brothers also swore they
had cried a great deal over the death of
Aside from Dora's testimony, the next
Important witness was Blanche Roberts.
anis young person has held the center
of the stage during both trials, and she
Is of the temperament that glories over
such notoriety. "With a mincing step and
with an air that said, "Listen to me.
she floated, rather than walked, to the
witness-stand. She told ot the alleged
confession Dora had made to her while
they were together at the home of a man
Blanche Tells a Flimsy Tale.
If Blanche hoped to have created a sen
sation by her recital, she counted on
something which did not happen. Her
story was altogether too flimsy, and did
not ring true. It was a shred, with the
warp and the woof left out. To those
who know ot the girl's relationship to
Jasper Jennings, to whom sho unblush-
ingly stated she was still engaged, "so
far as- she knew." the presence of a mo
tive was too apparent. To the jury, she
. "We were in Grant's Pass, and that
night wo slept together at Mr. Perkins.
After we had' gone to bed I said to Dora
It was funny that no one knew who
killed her father. Then Dora said
" 'If you won't tell anybody, I'll tell
you who did It.'
"I told her I wouldn't, and she told .me
that she got up after they had all gone
to bed, put on a pair of Jasper's slippers,
went to Jasper's cabin and got his rifle
and came home and shot her father. She
said she went to bed, and after every
thing was quiet, she got up and took the
rifle and hid It by a tree and then went
back to the cabin and to bed."
Saw Jasper in Jail First
On cross-examination Blanche placed
the time ot the telling ot the confession
at 12 o'clock. She could not remember a
single word of any other conversation
which had taken place, that night. At
torney Colvigdrew from Blanche- that
before, she had told anyone of Dora's
confession: she bad visited Jasper in
the jail a couple of times.
This came out at the time it became
rumored about Granite Hill and Grant's
Pass that Blanche was telling of the
confession. At that time, and even now.
those who have followed the case believe
that Blanche and Jasper concocted this
story ot the confession in order to help
him out of jail. The other witnesses
called simply told over what they had
testified to before.
At 4 o'clock all the evidence was in
and both sides rested. The arguments
will begin in the morning, and the case,
unless something unforeseen comes up,
will go to the jury lata tomorrow after
A tremendous crowd again filled the
courtroom, with the women In the major
ity. "When court adjourned for the day.
and while Dora was waiting for Sheriff
Lewis to conduct her from the Court
house, fully half of the women crowded
around the girl and shook hands with
. . .
r ana expresses a nope tnat sne wouia
be acquitted. All this was done in full
view of the jury, and what effect. If any,
it will have remains to be seen.
Break Lock on Courtroom Boor.
Judge Hanna, who was hearing the case.
created a mild sensation when court con
vened after the noon recess. During the
noon recess Judge Hanna had Instructed
tnc Damn 3 to ciear tne room and open
wide the windows. This was done, but
so eager were the people to get vantage
seats that some one broke the lock on
the door, and when It came time to take
up the session there were not chairs
enough for the attorneys. Women had
crowded behind the railing and were even
perched on the step3 leading to tho
Before resuming tho hearing Judgo
Hanna reprimanded the crowd. Just to
throw a thrill Into the person who un
locked the door. District Attorney Reames
stated that one of tho witnesses had
told him who unlocked the door, and that
he wanted that person to see him at his
office after court had adjourned.
This morning soon after tho case was
called Attorney Colvig called Mrs. Sarah
Neeser and Joe Russell, tho two people
who talked with the man. who -said
there was trouble at Granite Hill." air.
Reames objected to the testimony, but
withdrew his objections. Neither of the
witnesses could Identify Harvey as being
the man who wanted the stage driver
and had walked the streets ot Grant's
Pass wearing a mask and carrying: a
GENERAL WHEELER ILL
Develops Tendency to Pneumonia
in Sister's Home in Brooklyn.
NEW TORK. Jan. 22. Brlgadler-
CZn ,ra 1 .Trusnrth W hpeTor TTnftA. c? .
Army' reUrcd' 13 "lowly ill at the
residence ot his sister. Mrs. Sterling
"ranu, m otuojuju. xic nas Deen con-
fined to his bed for three dav -ifi.
bronchial affection. There Is fear thHt
n,s M"88 may develop into pneumonia
- ' Colored. Stsdenbt on c-tt.
-riTHTirf! n t
. . r . f-- vver iuj,
siuaenia, leit xaiiaaega College (col
oreaj toaay oecause a Southern white
man. o. Parks, of this county, was
employed as superintendent of the col-
FOR LAND LIS
Repeal of Timber and Stone
and Desert Acts Are
AS COMMISSION ADVISES
Appraisal and Sale ot Timber bv
Auction Is Bcst Permanent Res
idence on Desert Claims.
Lease Grazing Land.
PROPOSED LASD LAW REFORM.
Repeal of timber and atone act.
Appraisal of timber and sale at auc
tion under rules to be made, by Sec
retary of Interior.
No land chiefly valuable for timber
to be patented under commutation
cause of homestead act.
Desert land claimants to show that
they take land for own benflt and
have made no agreement to sell;
claims to be limited to 160 acres,
actual residence of. at least two years,
actual production of valuable crops
on one-fourth of area and actual irri
gation to be required.
Commutation clause of homestead
law to be repealed or amended to be
come effective only after three years
Agricultural land within boundaries
of forest reserves to be open to agri
Grazing districts to be reserved by
Presidential proclamation; Secretary
of Interior to classify and appraise
grazing value, appoint officers In care
of each district, collect fee for grazing
permits and make regulations; regu
lations to aim at largest permanent
occupation by actual settlers.
OREGONIAN NEWS BUREAU. "Wash
ington. Jan. 22. There Is even- reason tn
believe that Important public land lcsris-
lation will be enacted during the present
session of Congress, but the situation
has not yet fully developed and it is too
early to predict what modifications will
be made In the existing land laws. Any
legislation that la enacted will follow, in
a general way. the rrrnmmini1g)ln.
the Public Land Cqmmjsslon. appointed
two. years ago by the President to 'in
vestigate and report on tho injurious
and undesirable features of the present
laws and to recommend suh mnin
tlons as are required In the Interest of
the bona tide settler and the general
The Public Xand Commission, consist
ing of W. A. Richards, Commissioner ot
the General Xand Office; F. H. Newell
Chief of the Reclamation Service, and
GIfford Pinchot. Chief of the Forest Serv
ice, has not submitted a final renort but
has, nevertheless, 'transmitted to the
President an immense amount of infor
mation, accompanied by several Impor
tant recommendations. The Commission
has yet to report on the mining laws.
which are still under investigation, but
has completed its report on the timber
and stone act, the desert-land act, com
mutation clause of the homestead act and
several other laws of lesser Importance.
"When Congress comes to legislate It will,
in all probability, follow out the general
recommendations made by the Commis
sion. Ilepoal Timber and Desert Laws.
The Senate committee on public lands
has already taken up the timber and
stone act, and Is devoting considerable
time to Its consideration. There aDnears
to be little doubt that this law will be
repealed, and in its stead some act be
passed authorizing the sale ot public
timber at not less than Its appraised
value. There will be opposition to the
repeal, but apparently thero are votes
enough to wipe It off the statute books.
If it can ever be brought to a vote.
Thero will be even moro opposition to
the repeal or material amendment of 1ha
desert land law, and the commutation
clause of the homestead act, notwith
standing tho Commission finds both laws
detrimental and working in the interest
of the speculator and large land-owner.
as against the bona fide settler. But the
time will come" before long when these
laws will have to be amended, In compll-
anco with the general demand through
out tho West.
The timber and stone act, regarded as
the most unjust of all public land laws,
since tho repeal of tho lieu land law, is
accorded first consideration by the Com
mission and by tho committees of Con
gress. The Commission made two reports
on this law, one on March 7, 1901. and
another on February 13, 1003. In its first
report the Commission said:
Defects in Timber Xiand Ijaw.
The changes suggested at this time have
principal bearing upon the control, use and
disposal of the forest lands, as these are
among the most valuable of the lands re
maining In public ownership. The repeal of
the timber and stone act will unquestion
ably cure the most obvious defect In the
administration of the public lands. Next in
Importance to this Is the desert-land law.
The Commission believes that Congress did
not intend that the timber and stone law
should be used for tho acquisition of largo
tracts of valuable Umber land by Individuals
or corporations, but It has been used for such
purposes. Carefulness and vigilance In Its
administration cannot prevent Its being so
Our conclusion Is that the law Is defective,
because even when properly administered lt
may be used for purposes for which It was
never intended, and we recommend its re
peal. If the timber and stone act is repealed,
some legislative enactment will be neceeear
providing for acquiring timber upon the pub
lic lands. The manner In which timber
upon Indian lands has recently beea dis
posed of suggests a plan for the dlspeettlea
of this timber upon the public lands. The
timber Is advertised and sold to the highest
Concluded on Page 4."