6 THE MORNING OREGONIAN, SATURDAY,. 3 1 ARCH 10, 1906. MEMBER S DF INNER 1 E ARRAIGNED Men Indicted for Stern berg's Murder Given Un til March 16 to Plead. HABEAS CORPUS ARGUED Jdalio Supreme Court Will Pass on legality of the Arrest and I)e 4cn(Ion of Alleged Dyna initcrs Xc.t Momlay. BV VT. G. MAC n.VE. BOISE, Idaho. March 3. (Staff Cor respondence.) Thin has been a. busy Jay for the officers of the Western Federation of .Miners, .charged with the assanslnatlon of Governor Steuncnberg. Bright and early this morning they were taken from the penitentiary and carried to Caldwell, where they were arraigned. Then they were brought back here and spent the afternoon be fore the State Supreme Court, where arguments were made upon the writs of habeas corpus. Judge Smith set .March 16' as the dte on which the de lendants are to enter their-plca to the Indictments. The bright sunshine seemed to give new life to Moyer. Haywood and Pottl bone and they appeared more like men enjoying a day's outing than prison ers accused of murder. From the train the men were taken to tho tiny Court house and spent the time between their arrival and the opening of court, smok ing and chatting pleasantly with the guards. Promptly at 10 o'clock. Judge Smith announced that lie was ready to ar raign the prisoners and called upon the throe men to stand up before him. Wil liam D. Haywood was the llrst called, Charles Moyer came next and George Pettibone was the last. Moyer .Lost in Day Dreams. The men lined up a short distance away from the benun and stood qt case during the reading of the long and intricately-worded indictment. A the clerk floundered and struggled through the legal phraseology of the Indictment, Moyer calmly gazed out of the window overlooking the hills east of the Court house. Save for constant chewing at a wooden toothpick, he was motionless. The words "murder" and "bomb" fell upon ears that evidently heard not. He was a man lost in a maze of day druams and his thoughts seemed miles away from the monotonous voice of the court clerk. Haywood listened intently to each word ns it fell from the. clerk's lips. Oc casionally, when the clerk's tongue got twisted, a faint smile-fluttered for a brief Instant across his features. His attitude was that of a person who would have gladly helped in the read ing of the Indictment, had' he been given the opportunity. When Judge Smith asked him if he had been indict ed under his right name, his answer: "Yes, cir: I have been," was given in a clear distinct voice. Pottibone stood with his hands clasped behind his back and he. too, followed tho reading closely. His eyes have a habit of blinking constantly as if the strong light or the day bothered him, but otherwise he was outwardly calm and collected. Asks Liberties for Client. As soon as the reading was finished. Attorney Richardson rose and an nounced that the attorneys of record in the defense of the accused dynamiters would be Fred Miller, John Nugent. Clarence Darrow and himself, and they were duly recorded. Mr. Richardson then brought up the old plea for great er freedom for his clients. He Informed the court that his clients were not per mitted to write or receive personal or burliness letters at the penitentiary. Counsel contended that the peniten tiary autnoritics were placing unneces sary restraints upon the defendants and that tho only thing demanded of them by law was to produce the men when they were wanted by the court. He ar gued that beyond restraining them of iheir liberty, the authorities had no rignt to keep them from reading the newspapers and writing letters. Judge Smith inquired of Attorney Richardson If he was satisfied to have the defend ants remain at the penitentiary and counsel stated that he was, provided they were allowed to write letters and read the newspapers. His Honor stated that lie agreed with counsel that the defendants wore entitled to the privi leges usually accorded prisoners and added that he thought the demands en tirely within reason add would see that t.hi were granted. Judge Smith then instructed Sheriff Xiehois that he would hold him entirely responsible for the comfort of the pris oners and their safety. He admonished n im to attend to the removal of the de fendants, when this was required, in fperson. Gives Description of Bomb. The indictments under which the de fendants arc held charge them with hav ing thrown the- bomb which killed, ex GovernOr Steuncnberg. and the descrip tion of the bomb given in the Indictment Is c-idently a part of Orchard's confes sion. It alleges that it was placed in a tin box containing ten pounds of dyna mite, giant powder caps, chloride of. pot ash and a bottle of sulphuric acid. . 'This was so attached to the gate throuch which Governor Steuncnberg passed that when the gate 'was opene'd the tin box was tilted, the cork drawn .from the bottle by the fishline and the acid allowed to spill over the dynamite caps and chloride of potash, causing the explosion. The names of 20 witnesses are Attached to the indictment. The list is headed by Harry Orchard, and it is noticeable that neither the name or stevc Aaams, wnose confession has been added to that of Or chard's, nor that ot Detective McParland is included.:' There Is an explanation for tile'' absenco of the name of McParland. although he testified before the grand Jury. What he knows about the assassi nation is only hearsay and would not be admitted asi testimony. He can, however. he called to testify in rebuttal. Steve Ad ams did not appear before the grand Jury. but there is every reason to believe that his-' confession was used. The fact that his name was omitted from the list of witnesses may mean sev cral things. It might mean that he Is being held back until the capture of Jack Simpklns is accomplished. Simpklns was Indicted with the rest, but the fact that Adams' name does not appear does not mean that he cannot be used as a wit new against Simpklns. It Is more than likely that, should Simpklns be captured. the! present Indictment against him will be. quashed and an information filed against him. with Adams as a witness. Adams may also be used in rebuttal against Moyer and the others. On the arrival of the defendants from Caldwell they were taken before the State Supreme Court.., .The. Federation, officials took a 'keea Interest' 1a,the afterri66ns proceedings. The state was represented by Special Prosecutor James H. Hawley and W. E. Borah, and the defendants by Attorneys Richardson,. Miller and Nu gent. Mr. Hawley sprung a surprise upon the defense when the .'proceedings opened by asking permission to file an amended return to Warden Whitney's alternative writ. This was objected to by Attorney Mil ler, but the objection was overruled, and the arguments upon the amended an swer, vital to the petition, took up the entire afternoon. The amended Tetum sets up the fact that the men are being held on a bench warrant Issued by the District Court of Canyon County, based upon the Indict ment charging them with the murder of Governor Steuncnberg. Mr. Hawley followed this up with a mo tion to strike out certain parts of the answer to the returns and set up new matter. Mr. Hawley opened for the state. His citations and .arguments demonstrated that the state had gone into the legal phases of the case fully prepared for a great struggle. Counsel for the prosecu tion contended that it did not matter how the defendants were brought Into Idaho, but the fact remained that they, were here: It was also contended that ihe court to which the defendants had; appealed had no Jurisdiction. Mr. Haw-' ley cited a number of TTnited States Su preme Court decisions In support of his arguments. ' Richardson's Brilliant Effort. He was followed by Attorney Fred Mil ler and Attorney Richardson. Mr. Rich ardson's effort was a brilliant one. He charged County Attorney Van Duyn. Gov ernor Gooding, Governor McDonald, of Colorado, nnd James H. Hawley with having trampled upon the Constitution and the acts of Congress. His arraign ment of those instrumental la bringing Moyer, Haywood and Pettibone Into Idaho was bitter. In a voice vibrating with emotion he declared that all had sworn falsely when they charged the de fendants with having been In the Btate of Idaho on the night of December SO. He announced at the outset that tho case at issue presented a state of facts which, In tho history of the wdrld. had never arisen before. He contended that If the proceedings were legal the Consti tution of the United States was a myth and the statutes playthings for Gov ernors. Attorney Borah closed for the ftate. He said that as a matter of law the state was not Interested in knowing how the petitioners came into the state. The question is "Are they here?" he said. When he made this declaration a queer smile passed over Pcttibone's face, which said very plainly. "It looks very much as if we were here and anxious to get away." Continuing he said it was well settled in law that whatever means wore employed to bring one charged with crime from one state Into another the court In this class of proceedings would not review the means employed. Not Interested in News. ' The prisoners being here, he contended, the court should not Inquire Into the methods by which they were taken out of the state of Colorado. This doctrine, he urged, was supported by a number of well known decisions. Every seat in the courtroom was taken and in the crowd were a large number of women. All were eager to get a glimpse of the men charged with having killed cx-Gov- ernor Steunenbcrg and there was a great craning of necks throughout the proceed ings When the court announced that no decision would be handed down until Monday morning at 10 o'clock, Mdyer, Haywood and Pettibone seemed to be well pleased with the showing their at torneys had made and shook hands and chatted with a number of newspaper men as they ltjft th courtroom. Attorney B. F. Richardson, chief coun sel for the dynamltards will tomorrow morning file a petition for a writ of habeas corpus in the State Supreme Court in be half of Vincent St. John. It was ex pected that St. John, who was-arrested at Haines. Or., and brought here, would be Indicted, along with the federation officers. So far the grand jury has failed to Indict him. Today Attorney Richardson demanded to know of County Attorney Van Duyn what the state was going to do with him. Mr. Van Duyn promised to give the de fendant's counsel an answer tonight. He has failed to do so and proceedings to obtain St. John's release on a writ of habeas corpus will be Instltuted. EXPERT'S AVORK CUT SHORT II. C. Dye Arrested While Working on Walla Walla's Books. WALLA WALLA. Wash., March 9. (Special.) II. C. Dye. one of the account ants employed by E. G. Shorrock, of Scat tie, in cxpertlng the books of the city of Walla Walla, was tonight arrested by Sheriff Painter on a charge or forgery, upon a telegraphic communication from officials at Sidney, la. The request to make the arrest came from Sheriff Smith, of King County, who has been trying to locate Dye for some time, and it Is said an olrlccr from the State of Iowa Is en route with the neces sary papers to secure his extradition. While little can be learned tonight as to the particulars of the crime of which Dvo Is charged with having committed. it -is known that previous to his coming to the State of Washington he was em moved In a bank at Sidney, la., and It Is from that city that the request for his arrest camo to the King County Sheriff, Dye was lodged in the County Jail and will be held until the arrival of tho Iowa officials. He has been engaged for sev eral weeks as an expert accountant In the employ of the Seattle expert who has the contract for checking over the ook of the various city officials, and his ar rest comes as a surprise. CONTEST SEATTLE ELECTION Defeated Candidates for Council Challenges StHdcnt Voters. SEATTLE. March 9. An action Is to be begun In the Superior Court of King County to determine the legality -of the votes cast by the fctudents or the state University at the recent city election. The action will bo brought by J". M. Wolf. Municipal Ownership candidate. who was defeated for Councilman In. the Tenth Ward by R. T. Reynolds. Matthew Dow. who was defeated by Frank P. Mullen for the office of Coun cilman-at-large. will ask for a recount. At a meeting of the Municipal Owner ship committee, held tonight to consider the matter of contesting the election, it was decided to take no action lurther than to sanction the move by the two -candidates. GRAVES BUYS KETTLE FALLS Spokane Man Will Install Immense Electric Power Plant. SPOKANE, Wash., March 9. Jay P. Graves has paid $77,000 for the falls of the Columbia River at Kettle Falls. Wash., 7S miles north of Spokane". The river there can produce 100.000 horse power of electricity at extreme low water, and the falls are credited with being the largest in the Ulted States. after Niagara and the Shoshone falls on the Snake River In Southern Idaho Mr. Graves expects to install an lm mense electrical generation plant to supply his Inlanp Empire Electjy Railway system, radiating out of -Spo kane, and also to supply the mines and smelters in the Boundary district1 of tsriusn coiumoia. A GUARANTEED CURE FOR TIXAXT. Itchier. Blind. Blee41ar or Protntdfor ?1H Ton- arurgiK- win rerww isepey.ir jF&so Olnt SMBt 2a.ll to cure yea la 6 to 14 30c ALBANY MAN WINS E. L Jones Carries Off Honors in Oratorical Contest. BETWEEN STATE COLLEGES Paul V." Marls, of Pacmc, cconu and H. L. Parcel, of Willamette, Third Association Elects lis Officers. AiBAXY. Or.. March 5. (Special.) For the second time since the Intorcolle glate Oratorical Association of Oregon cariie into being, an orator irom -ioan College was tonight awarded first nonora in the annual contest. Evert L Jonw, who ably represented the local Presby terian Institution, was marked first a the Judges, second and tnira piaccs ri- nppctively going to Paul V. Mans, m u ciflc College, and H- U Parcel, of Wil lamette. University. Francis Galloway, of the University of Oregon. ranKca iounn, while Miss Row E. Cullcn. of the Ore r. ;! i "Vnrmnt School, and Hugh . Spark, of Pacific University, tied for fifth place, and Edward unaerman. oi -- Mlnnville College, and John Wlthycomb. of the Oregon Agricultural College, divid ed lowest honors. This, the 14th annual contest or tne in tercollegiate Oratorical Association, was one of Its most successful. The papers were excellent and the speakers eloquent. College spirit was manifested with an unusual vim. and yet the greatest ot harmony prevailed. The awards of the Judges meet with general approval 10- night, and the winning orator rcceivea mc hearty congratulations ot nis comraucs in the contest when the decision was announced. Promptly at S:30 o'clock the programme was opened oy iresiaeni jiarsicrc, i the association, and the hundreds of throats that for an hour had rent the air with the ingenious yells of their colleges were quieted. Without a hitch the pro gramme was carried out. each orator ac quitting himself so creditably that uncer tainty as to the outcome prevailed until the work of the Judges had been com pared and the averages footed up. When, after third and second places had been an nounced, the president pinned the gold medal on Evert U Jones, of Albany Col lege, bedlam was turned loose In the. United Presbyterian Church, and. amid the ringing of bells and the yelling ot frenzied students, the contest passed into history. Albany Is tonight in the hands of Albany College students, who are parading the streets singing the paeans of victory. At the close of the contest the delegates repaired to the banquet-room of the church, where .several hours were spent at well-laden tables and the diners wero entertained by witty responses to toasts along lines of Interest to college students. At the business meeting of the associa tion this afternoon it was decided that in future no graduate student who had spent four years in college should be permitted to participate in a contest; also that In the future positions on the programme fhould be awarded according to this year's position, each school moving near er first place each succeeding year In rotation. Officers of, the association for the en suing year were elected as follows: Pres ident. Gilbert Tilbury, of McMinnville College: secretary. Hugh W. Sparks, of Pacific University: treasurer. James For sythc. of the Oregon Agricultural College. The judges on thought and composition who determined the respective merits of the several orations were: Professor H. H. Herdman. of Portland Academy: Rev. E. L. House, of Portland, and Judge Rob ert Eakin. of La Grande. Those who Judged the delivery of the orators were: Professor L. B. Baldwin, of Phllomnth: H. Amos, of Portland, and Harrison G. Piatt, of Portland. It is a rule of the association not to permit any one set of Judges to contain more than one member of the same profession. count ot tho trouble prepared by Mr Hansard and vouched for as correct by Samuel H. Garland, his attorney, has been submitted for publication In The Oregonian: "South Lebanon Precinct, covering the business portion of the city, -went 'dry at the last general election, and all sa loons wero closed on January 1. 1503. G. B. Hansard and "Luke Jennings were each tried before Judge G. H. Burnett In the Circuit Court for Linn County last October for selling liquor contrary to the local option law of the State of Oregon, and the case were submitted upon a statement of facts, after argument, ad mitting the sale of the liquor, but claim ing that the local option law. for various reasons, was not lawfully passed. Judge Burnett has held the cases under advise ment and will likely render a decision on Monday. March 12. "Dr. W. H. Booth Is recognized by himself and friends to be the leader of the prohibition clement in this commu nity, and he has been very active In se curing evidence and In prosecuting vio lators of the local option law in this community. On February 19. the night of tho Booth-Hansard row. Dr. Booth' met F. B. Rutherford, the special attorney for the Anti-Saloon League, by appoint ment, and they met with several gontle mcn of the city of that leaning the same night to discuss the matter. After this meeting. Dr. Booth sent a message to Mr. Hansard, which induced Hansard to come to Dr. Booth's office. In obedience to the message, about 9 o'clock that night. Dr. Booth Introduced Mr. Hansard to Mr. Rutherford, and they began to tell Hansard of the numerous times .Han sard had violated the law. Finally. Han sard and Rutherford got into a row, but no blow were struck at any time, then or afterwards. "Hansard cursed Rutherford and threat ened to strike him. Booth then entered the row and got between Hansard and Rutherford. Hansard tried to avoid Tiooth and attempted to get arqund Booth in order to carry on his demonstration against Rutherford, who during the row was trying to keep out ef Hansard's way. Booth then drew a large rcolver and pointed It at Hansard and threatened to shoot him unless he left the room. Han sard had no arms of any kind. He threatened to strike Booth with a chair after Booth had drawn the gun. "Booth claims he got the gun from a receptacle against the wall while the row was In progress, and held It at his side until Hansard threatened to use tho chair, but both Hansard and Rutherford testified In the trial that they did not sec Booth take the gun from the recep tacle and did not see the gun at all until Booth drew It on Hansard at the close of the row. Mr. Rutherford testified that he saw no indication of danger to any body until just the time when Booth drew the gun to make Hansard put down the chair. Booth having testified that some moments before, the actual drafting of the gun Booth had taken the gun In hi Viunil nnH hart trnllrnl 9irAu fhn rvwitn I nnri fnlrrkn fife ttnnil fuhtnrl r 1flnA An. oration chnlr. "Hansard testified that he did not make nny demonstration with the chnlr or any other weapon until after Booth had pointed the gun at him. and never at any tiro struck either of those men. and was wholly unarmed. His testimony wss fully corroborated by the testimony . of the only disinterested witnesses In the case. MEDICINE FOR ALL MANKIND- 1LYXSARD MAK15S A STATEMENT Gives Ills Vcre-lon of Local Option Quarrel at Lebanon. LEBANON. Or.. March (Special.) In view of the fact that a Portland news paper has printed several misleading statements concerning a recent quarrel between Dr. W. H. Booth and G. B. Hansard, of this place, growing out of a local option election, the following ac- LOOK FOR THIS TRADEMARK ON EVERY BOTTLE. Duffy's Pure Malt Whiskey PROSPECTS' GOOD IX SUMPTEIt End qr Wildcat Operations Hc&torcs Confidence in Mines. BAKER CITY. Or.. March 9.-SpecIal.) Conservative mining operators are of the opinion thut during the coming Sum mer greater results will be obtained from the mines of the Sumptcr district than ever before. In an interview on thU question today I. R. Bellman, a well known operator and manager of the Crack Oregon, at Bourne, stated that this Is assured by the faet that so many properties have been fully, developed and arc now on the verge of being placeil among the regular producers. . The work done in the Cable Cove dis trict recently has given the mining men of the upper camp more confidence. Some of the properties' of this district have been lying practically idle for the past six years, the only work done upon them was gophered by "wild-cat" promoters. Heretofore tho people in control of the mines have not attempted to work the properties along scientific lines, yeeklng only to unload them upon unsuspecting investors. DIES. IN DISGRACE Chief of Police J. S. Stiles, of Eugene, Kills Himself. A SCANDAL AT EUGENE Fears to Face Grand Jury Indictment for Debauching Young; Girls. Constable Rowland Under Arrest for Offense. EUGENE. Or.. March 3. (Special.) Rather than face a grand Jury indictment charging him with a statutory crime in maintaining Illicit relations with two young girls, one under the legal age ot consent. Chief ot Police Joseph S. Stiles, an old and hitherto respected citizen, shot Since thev have gone in the and killed himself last night in the old hands of reliable people and are being j tannery at the east end ot Elizabeth indictment, as he was seen on the streets up to that time, after which nothing was known of him until this morning, when Mr. W. W. Haines discovered his dead body while taking a horse to pasture and passing the shed. Stiles was 33 years of age and was born in Indiana.' He came here from Iowa in 1SC He was appoint ed on the police force In 1S37. and since that time had been working as an officer of the city almost continuously. Two years ago he was the Republican nominee for Sheriff of Lane County, but was de feated. He leaves a wife and several grown children. fc Stiles was a member of the Christian Church and also a member In good stand ing of the local Oddfellows Lodge and of the AVoodmen of the World. A Coroner's jury ihls afternoon brought lh a verdict ot suicide in Stiles' case. The Coroner found two notes left by Stiles. One was. addressed to the public. In It. he declared his innqcence of the charges and said he could not endure the disgrace. The other was addressed to his wife, bidding her goodbye and telling her to take good care of his boys and forget him 'as soon as possible. Belllngham. Wash. Declaring that there U no lotucer any danger from smallpox In this city, the Board of Health ha rescinded its order comrx-lllns all school children to be vac cinated before attending school, developed properly they arc making ex cellent showings and will be paying within the Summer. Will Build Xcw Roundhouse. street. His body, dressed In full uniform, was. found lying on the floor of a shed there this morning. A 32-caIiber revolver was grasped in the dead man's hand and bullet hole through the temples from EXPECTED BASEBALL CAPTAIN AT PACIFIC UNIVERSITY. 2p William C Callff, af Orecoa City. PACIFIC UNIVERSITY, Forest Grove. Or., March 9. (Sped!.) At a largely-attended meeting ot the bateball fane. Wllliaa C. CxUS, of Orecon City, tvm elected captain for Mr. Callff has played baseball for years at Oregon City and a.t Portland, playlnr 0n the IfJsh School and club teams at the former place and In the right field for the "Schlllers at Portland. He la a. brother of Mr. Call trho made good In profeadonal circles last year and has been signed to pitch for McCrcdle on the Portland team this season. Last year Pacific first made a good start In baseball and this year Cap tain CalltT and Manager Sparks plan to put out a winning team. They have had a large squad oat to prac tice for the past k and the dia mond Is drying so rapidly that It can soon be scraped Into condition. More enthusiasm has been ahown than In any athletic line this year and the following men are trying out for positions: Catcher. Call IT and Drake: pitcher. Bailey. Davis and Huston; in field. Sparks. Ward. Rasniussen and Williams; outfield. White. Ferrln. C Huston. Mcars. Gwryno. Denny and Lew-la t.a r.nAvnR nr -viniw, o 3ni.ri9i ! rlstht to left told the story of the tragedy An appropriation of ETO.CO) has been asked Su,ca !" not lhe ?nXf vcm of the for by the Oregon officials of the O. R. Jfc I Rnd Jury s investigation of a scandal X. from the head officials in the East for which has stirred the city to Its depths, buildings and yard improvements at La i AlrK Howland. constable of Eugene dls- Grande. It Is not expected that the en- I nct anu u oofom incna 01 auics. w now in um rrili tv nvnllahle fmnioHlat hm i under indictment, and Intends to face a JSO.0CO is to be expended at La Grande at once. This will bo for a new roundhouse of 30 stalls, new machine shops connect ing with the roundhouse, new storage quarters, ollhouse and storage-room. AH these buildings will be constructed of brick and stone and will be locatcu a short distance from the present site. Beet Acreage Tarely Increased. i LA GRANDE. Or.. March 9 Special.) Manager F. S. Bramwell. of the sugar factory', has been In Cove, making con tracts for the growing of sugar beets for this season's run. and reports having con tracted for about 1& acres of beets In that locality. The sugar company e.xpccta to have a laTjjer acreage this year than ever before. Heretofore the factory has never had more thaiT3S-cre. but this season is counting upen at IcaSt'-WCO acres. Tired and nervous vima Ma help in Hood's SarsayarllU. It ftariefee their blood. r Jury. If need be, on charges Identical with those from which the, Police Chief sought refuge In a suicide's grave. Row land was Indicted by the grand Jury last night on a charge of furnishing liquor to minors and also on a charge of adultery with Ruby Miller. 15 years of age. For. like Stiles, Rowland is a married man of mature age. while Ruby and Emma Miller, to whose downfall they contrib uted, arc both under 17. Others Are Implicated. The story that the two peace officers, as well as several well-known young men about town, had been In the habit of In dulging In nocturnal orgies with the Mil ler girls had been gossiped about for weeks and was laid before the grand jury when It met by P. I Miller, the father of the wayward damsels. On thQ first charge Rowland was arrested and held under 5500 bonds. On the adultery charge he was held under 51C00 ball. 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