10
TIIE MORNING OREGONIAN. FRIDAY, AUGUST 24, 190G.
HENEY HARRIES
CAPTAIN
OHMSBY
Ex-Forest Supervisor
Balks as Witness.
ANSWERS DODGE QUERIES
Story Told in Court Differs
From That Told to Heney.
PROSECUTOR SO DECLARES
Witness Spends Wear Three Hours
and Admits He Got School Land
for Recommending the
Forest Iteserve.
Captain S. B. Ormsby, who held
down the job. of Forest Supervisor for
Oregon while his old friend BInger
Hermann was Commissioner of the
General Land Office, spent three long,
miserable hours on the witness stand
in the United States Court yesterday
afternoon in the role of star witness
for the Government against the three
Portland men who are accused of hav
ing conspired with the same Mr. Her
mann and various other public offi
cials and private citizens to defraud
the Government in the Blue Mountain
forest reserve case.
In view of the part he was playing-,
it might have been expected that
Captain Ormsby would have been
treated with distinguished courtesy,
particularly since he was at no time
under cross-examination. But that
was hardly the case. Most of the time
the Captain seemed about as unhappy
as the proverbial toad on a hot griddle,,
and during at least one particularly
bad quarter of an hour Special Prose
cutor Heney stood in imminent danger
of being called to time for impeaching
the veracity of his own witness.
Admits He Consulted Mays.
This was when Mr. Heney's line of
direct examination began to connect
the witness himself pretty closely with
the alleged conspiracy. In that he was
being forced to admit that prior to his
official examination and report recom
mending the creation of the famous
forest reserve, he had consulted
Franklin Pierce Mays, the alleged
arch-conspirator, and to all intents
taken orders from him as to the per
formance of his duties as forest su
pervisor. The Captain's answers were plainly
not what Mr. Heney expected, and di
rectly contradicted the facts Mr. Heney
in his opening statement had prom
ised to prove; furthermore, they were
in contradiction of the story told by
a previous witness. Mr. Heney sum
marily proceeded to impeach the wit
ness by statements he asserted had
been made to him by Captain Ormsby
out of court shortly before he took
the stand.
The incident was closed before it be
came sensational. Mr. Heney smiled
an unpleasantly pleasant smile and
agreed to let the matter drop after he
had got his witness into a state of
squirming explication. After that the
examination proceeded quite smoothly
from the Special Assistant Attorney
General's point of view.
Another sensation, though not so dra
matic, was when Captain Ormsby, Just
before court adjourned, reluctantly ad
mitted, under Mr. Heney's questioning,
that Mays offered to give him, and that
he later accepted for his official services
in Inspecting the proposed reserve, certifi
cates of purchase for two sections, 12S0
acres, of me school lands alleged In thei
Indictment to have been unlawfully
bought up by the conspirators for the
purpose of Including them in the reserve
and exchanging them for lieu land scrip.
Except for these incidents and por
tions of Captain Ormsby's testimony,
the trial of the Blue Mountain case
yesterday was devoid of even mildly
sensational features. Except to the
attorneys and the trio of defendants,
Mays, Jones and Sorenson, it sounded
like the hearing of, a North Bank con
demnation case and was about as
thrilling.
At the morning session John W. Row
land, ex-chlef clerk In the United States
Surveyor-General's office, was recalled
and concluded his testimony. Then A. G.
King, ex-clerk of the County Court of
Malheur County, the man who headed the
petition for the creation of the Blue
Mountain reserve and attended to obtain
ing signatures for it, at the request of
H. A. Smith, now deceased, and Franklin
Pierce Mays, was called.
At the afternoon session, D. W. Mul
key, who wag King's deputy and signed
the petition as a favor to his superior,
told of that incident. He was followed
by O. E. Pollock, the Vale bartender who
circulated the petitions In the district to
be affected by the proposed reserve, and
then Captain Ormsby was placed en the
rack. He was still there when court ad
journed, and will conclude his story this
morning.
Judge Pipes Shines at Repartee.
Although the limelight man had Captain
Ormsby for a favorite, he played Prose
cutor Heney for a place, and Judge Pipes,
of counsel for Defendant Willard N. Jones,
to show. As the heavy man he could not
well overlook Mr. Heney, and Judge Pipes
as leading juvenile in a comedy role nat
urally received his due share of atten
tion. At repartee the jolly-faced Judge has
nothing to fear from either of his oppo
nents and can always be depended on to
get a laugh when he matches wits with
Mr. Heney on law points, or cajoles him
Into the deep waters of metaphysics. Of
the half-dozen lawyers who are repre
senting the defendants, W. D. Fenton as
sumes the leadership in the examination
of witnesses, but Judge Pipes has a
clear field in arguing technicalities. Am
bitious young lawyers will find the Blue
Mountain trial an excellent place to pick
up fine points of law lost In the shuffle.
When Mr. Rowland was recalled to the
stand at the opening of court he was ex
amined as to the marking of the forest
reserve boundaries on certain maps of
the 9urveyor-General's office, concluding
the testimony Mr. Heney had been work
ing to secure the day before. He was
cross-examined but briefly.
On redirect examination Mr. Heney
asked the witness whether when he made
the green marks on the office map he
connected it with anything particular.
Witness said yes, that he understood in a
general way that the marks were to In
dicate the withdrawal of lands for or
something in connection with the Blue
Mountain reserve. Witness was then
axked whether, when he had his private
conversation with Mr. Mays in the lat
ter's office regarding the making of the
maps lor Captain Ormsby4 ie connected
In his mind the map Mr. Mays mentioned
having had prepared with the ' map or
tracing he had made for Mr. Jones.
The defense objected, and, after brief
sparring, Mr. Heney withdrew the ques
tion, remarking that the Jury would prob
ably be able to draw as accurate a con
clusion as the witness.
Had Meetings With Smith.
The second witness of the morning ses
sion was A. G. King, of Seattle who,
until last February, was a resident of
Malheur County and was County Clerk
of that county from 1S98 to 1902. Witness
told of his acquaintance with H. A.
Smith, whom he met In 9alem during the
Legislature of 1900-01. Witness was then
"a member of the third house." Smith
was In the Legislature. Witness next
saw Smith in July, 1901, at Whitney, in
Baker County, Oregon. Witnews talked
with Smith at that time about mining
and timber. Smith mentioned the fact
that he had been cruising timber in the
Blue Mountains, and, learning that wit
ness was on his way to Seattle, asked
him if he could not meet him again In
Portland on his return. Wtincss agreed
to meet Smith and did so at the Imperial
Hotel in Portland, In August. 1901, by
telephone appointment. Witness' brother
wa present during the first conversation.
The second conversation took place in the
lobby of the hotel.
In the second conversation Smith talked
with witness about getting hold of some
timber in Malheur County and opening a
sawmill. After witness returned home he
received a letter from Smith asking him
when he would be in Portland again.
Witness wrote In reply, stating that he
would be In Portland In the October fol
lowing. In that month witness met
Smith again at the Imperial Hotel. At
that time Smith brought up the matter
of circulating some petitions In Malheur
and Harney Counties asking for the crea
tion of a forest reserve.
Smith, witness believed, mentioned In a
general way the boundaries of the pro
posed reserve. Witness told Smith he
would hardly have time to circulate the
petitions himself, whereupon Smith
asked him if he could get some other per
son to do the work. Witness said he
could, and afterward did so.
Tells of Dealings With Mays.
During this conversation Smith men
tioned that Mays was interested in the
forest reserve scheme and later took wit
ness to Mays' office, where they met
Mays and had a private conversation with
him in regard to circulating the petitions
and as to what time would be the best to
go through the mountains. Witness told
them that they would not be able to
cruise the timbered lands until the fol
lowing Spring.
The matter of compensation then came
up. It was agreed that witness was to
attend to circulating the petitions, hiring
and paying a man 4 a day for the work
and looking to Smith for recompense. It
was also agreed that for his own serv
ices witness was to get a half-section of
school land. Witness believed that the
offer of the school land was made by
Smith prior to going to Mays' office.
In the conversation in Mays' office it
was agreed that the blank petitions were
to be sent witness by mail. Mr. King
did not remember who agreed to mail
them, whether it was Smith or Mays.
Mays and Smith gave witness as their
reasons for desiring the creation of the
reserve their wish to preserve the timber
at the headwaters of he Eastern Oregon
dreams, in oraer to maintain tne supply
of water for Irrigation. It was under
stood that witness was to argue the ne
cessity for maintaining the water supply
n his endeavor to secure signatures to
the petitions.
witness was then handed two typewrit
ten copies of the petition for the creation
of the forest reserve, which he Identified
as ones which he had received in blank
from either Smith or Mays. Both papers
are signed by numerous citizens. King
headed the petition from Malheur bounty.
How Signatures Were Obtained.
Witness then told how the signatures
were obtained. Witness hired O. E. Pol
lock, a bartender in Vale, for $2.50 a day
to clrclate the petitions. Witness iden
tified seven of the signatures on the pe
tition headed by himself as those of coun
ty officeholders, whom witness had so
licited to sign. Witness did not know
how Pollock got the signatures to the
petitions he circulated. Smith and Mays
were anxious to get the signed petitions
back as quickly as possible, and witness
was allowed a week to complete the
work.
Later, some time in December, Mr. King
had another conversation with Smith and
Mays, during which he was Informed that
Captain S. B. Ormsby would be sent up
Into the mountains to examine the pro
posed forest reserve. Later, some time
in March, 1902, witness received a letter
from Smith asking when Ormsby could
come up to make his examination. Wit
ness replied that it was still too early.
It was finally agreed between witness
and Smith, through an exchange of let
ters, that Ormsby should come to Vale
and should there be furnished with a
team, driver and outfit with which to
go Into the mountains. Witness was to
pay the expenses and look to Smith for
recompense. When Ormbsy came, wit
ness paid the expenses mentioned. Wltr
ness said Mays finally paid the money.
Gets Letters From Mays.
In tne early Spring of 1902 witness also
received several letters from Mays re
garding Ormsby's proposed visit. Just
before Ormsby arrived, In May, witness
received letters from both Mays and
Ormsby, giving the date of Ormsby's
probable arrival. In the same mall there
were letters for Ormsby and a large
package from Mays addressed to Orms
by, containing a large blue print show
ing the location of the proposed forest
reserve. Ormsby opened the package in
witness' presence.
Witness then told how he outfitted
Ormsby and his guide and paid all the
expenses. Later he submitted his bill
for the same, but Smith having died,
there was some dispute about the pay
ment. Witness finally ' received a check
for J94 from Mays.
Some months afterwards, in the Sum
mer of 1902, Mr. King met Maya In Port
land. Mays explained to witness the de
lay in the payment of the Ormsby ex
pense bill, attributing it to Smith's
death. At the same time witness brought
up the matter of the half section of
school land. Mays told him that, inas
much as Smith was dead. It. would be
pretty hard for witness to get the land.
Witness dropped the matter and never
spoke of It again.
Mr. Heney asked the witness whether
he had ever heard of any plan to es
tablish a forest reserve in the Blue
Mountains prior to his conversation with
Smith and Mays.
To this question Mr. Fenton objected.
Mr. Heney demanded that the witness
be allowed to answer, stating that he
wished to prove that there was no cry
ing need for a forest reserve in the Blue
Mountains.
Fenton Retorts, So Does Heney.
"Yes, Mr. Heney, but the President
later created that very same forest re
serve," interjected Mr. Fenton.
"After we had repealed the lieu-land
act, so that your school lands wouldn't
do you any good," retorted Mr. Heney.
During the tilt that ensued, Mr. Fen
ton made the point that the Geological
Survey, at the very time that the de
fendants were working to secure the re
serve, was making surveys and recom
mending the establishment of the reser
vation. In course of the exchange of courtesies
between Mr. Fenton and Mr. Heney.
the question of fraud In the creation of
the reserve was brought up, and Judge
Pipes arose with a qulssical smile to
raise the objection that it appeared that
the Government was preparing to prove
that the reserve had been created by
fraud. Mr. Pipes asserted that In this
the Government was doing his client a
serious Injustice inasmuch as fraud in
the creation of the reserve was not set
up In the Indictment. '
The attorneys were still milling merrily
, when the coon whistle blew. Judge Hunt
ruled that the objection was immaterial
and closed the morning session.
D. W. Mulkey Testifies.
When court re-convened at 2 o'clock,
Mr. Heney turned Mr. King over to the
defense for cross-examination. The de
fense had no questions to ask, and Mr.
Heney called as his next witness, D. W.
Mulkey, County Clerk of Malheur County.
Mr. Mulkey testified that he was Dep
uty County Clerk at Vale In January,
1302, and in that month signed the peti
tion for the creation of the Blue Moun
tain forest reserve at the request of his
superior, Mr. King. Prior to that time
King had asked witness to circulate the
petition, but witness had decided not to
take up the work. Mr. Heney asked wit
ness whether he had ever heard of any
demand for the creation of the forest re
serve prior to his conversations with King
regarding the matter. The defense ob
jected, and Mr. Heney withdrew the ques
tion. O. E. Pollock Circulated Petitions.
The witness was not cross-examined
and O. E. Pollock, who circulated the
WHAT MR. HENEY HAS PROVED UP TO DATE IN THE
BLUE MOUNTAIN CASE
That the first steps looking toward the creation of the Blue Mountain
Forest Reserve were taken by H. A. Smith, now deceased, in the Spring
of 1901. when Smith had a map of the lands afterward withdrawn made
by a clerk In the United States Surveyor-General's office.
That Smith took the first steps to circulate a petition for the creation of
the reserve in October of that year by offering A. G. King, of Vale, then of
Vale, Or., a half-section of school land to attend to working up sentiment
for the reserve and obtaining signatures to the petition.
That Smith told King at that time that Defendant F. P. Mays was
interested in the scheme, and introduced Mays to King.
That after Smith's death, early in the year 1902. Mays was apparently
In charge of the creation of the reserve.
That the petitions for the creation of the reserve were circulated under
King's direction, but a few days in February, 1902, then forwarded to Wash
ington well signed.
Unrough the Introduction of an original letter from Senator Mitchell
to Secretary Hitchefcck. that Mitchell urged the creation of the reserve
when the papers were transmitted to Commissioner Binger Hermann, of
the General Land Office.
That when Commissioner Hermann transmitted the papers to Forest
Supervisor S. B. Ormsby, of this state, on May 11, 1902, Ormsby's first act
was to write to King, who headed one of the petitions, giving him instruc
tions as to what steps he should take and warning him to "keep the mat
ter quiet" in order that there might not be a rush to file on the lands
sought to be withdrawn; also warning. him that entries made for the pur
pose of reconveying the land to the Government and obtaining scrip would
defeat the creation of the reserve.
That Ormsby, after being ordered by Commissioner Hermann to make
an inspection of the proposed reserve and report, virtually took his In
structions from Mays, receiving his maps from Mays and going to Vale to
meet King, who had been instructed by Mays and Smith to furnish him a
guide, conveyance, supplies, etc., for his trip into the mountains.
That when Ormsby returned from -his trip of inspection he went Im
mediately to Mays' office In Portland to report.
That Mays complimented him on the successful accomplishment of a
hard task and in the presence of Defendant Willard N. Jones, who had
theretofore attended to preparing maps of the proposed reserve, remarked
that Ormsby ought to have "some of those school land certificates."
That two weeks later, in June, 1902, Ormsby was informed, through
a third party, that he would be given a certificate of purchase for two
sections of the school lands, by the exchange of which to the Government
for scrip the alleged conspirators intended to make a large profit.
That months later Ormsby, who In the meantime had ceased to hold
office, received the certificates.
forest reserve petitions for King, was
called. Pollock testified that he was out
of a job In January, 1902, when King
came to him and asked him to circulate
the petition, offering him J2.50 a day and
expenses. Witness took the employment.
Pollock testified that King instruct
ed him to inform people he inter
viewed that the forest reserve was
necessary to preserve the waters of
the Eastern Oregon rivers for irri
gation. Witness did so, working eight
or nine days. Most of the persons who
fell in with the proposal to create the
reserve signed the petition them
selves. Witness signed the names of
a few, but in no case without their
authority. King paid Pollock his
wages.
Pollock was not cross-examined.
Captain Ormsby Called.
Then Captain S. B. Ormsby, the for
est supervisor who has been a central
figure in the case so far, was called by
the Government.
Captain Ormsby testified that -he
had lived in Oregon ?3 years and was
a resident of Sellwood,. From 1897 to
1902 he was forest supervisor and
lived at Salem. Witness was asked if
he knew BInger Hermann. He replied
that he did; had known him intimate
ly for a great many years. He got ac
quainted with Hermann in Marion
County. Hermann was a resident of
Roseburg.
Witness was shown the letter writ
ten to him on March 11, 1902, set up in
the' indictment, instructing him to
make an examination of the proposed
Blue Mountain reserve. Witness iden
tified the letter.
Judge Pipe's interposed an objection.
He said the letter was one of the
overt acts set up in the indictment and
"1
' 1
f u J
S. B. Ormsby, ex-Forest Supervisor.
purported to have been written by
Binger Hermann, who so far, at least,
has not been connected with the al
leged conspiracy: further, that the let
ter was official in character and on Its
face had nothing to indicate its con
nection with any conspiracy.
"Why, Judge Pipes, I should think
that that would be to your advantage,"
remarked Mr. Heney.
"That may be," retorted Judge Pipes
drily, "but we prefer to take advan
tage of such things at our own time
and in our own manner."
Objection Falls by Wayside. '
The objection fell by the wayside.
There followed a lengthy discussion
between the lawyers regarding the
copies of letters written by Senators
Mitchell and McBride, which were en
closures In the lettrjr written witness
by Hermann. Witness said these en
closures had been lost.
Mr. Heney said he would Introduce
as evidence tending to prove the lost
copy of Senator Mitchell's letter, and
as primary evidence of an overt act on
Senator Mitchell's part, a letter writ
ten by Mitchell to Secretary Hitch
cock in March, 1902, urging the Sec
retary to do what he could to further
the reserve. The objection of Judso
Pipes was overruled and the letter
went in.
JViuiess next Identified the two relations:
asking for the creation of the forest re
serve, which were inclosed in Hermann's
letter; also the original letter from Sen
ator McBride, a copy of which was an
enclosure In the same letter. This Mc
Bride letter is a protest to Commissioner
Hermann against the inclusion of certain
townships containing mineral lands In
any reserve, and la set out in the indict
ment. The McBride letter was introduced
In evidence, over Judge Pipes' customary
objection.
Mr. Heney then read a letter written
by Joseph Simon, then Senator from Ore
gon, July 27, 1900, to Commissioner Her
mann, asking the latter, at the request of
certain constituents, not to Include cer
tain lands In Malheur County in any Gov
ernment reserve. "The letter was admitted
In evidence over the objections of the de
fense that It had not been set out in the
indictment.
Witness was next asked to Identify the
letter he wrote to Mr. Hermann In reply
to the letter set out In the indictment. In
this letter, written In March, 1902. witness
acknowledged receipt and stated that as
soon as weather conditions would permit
he would make an examination of the
lands as Instructed.
The next exhibit witness identified was
his own letter to King asking where he
could get a sectional map; -when he could
get into the proposed reserve and where
would be the best point to outfit. Witness
said he wrote to King for the reason that
he was County Clerk of Malheur County
and headed one of the petitions.
"Keep the Matter Quiet."
In this letter, dated March 19, 1902, Cap
tain Ormsby warns Mr. King that he and
his people must "keep the matter quiet,"
or people will rush in and make filings,
defeating the reserve. It is an Important
link in the Government's evidence. It
reads in substance as follows:
Dear Sir I am in receipt of a department
letter of March 11. 1002. containing peti
tions from your county, numerously signed,
asking for the establishment of a forest re
serve in the Strawberry Mountains.
First You need to have an accurate map
or sketch made of the territory. It should
be sectional, if possible, as I must report
on each section of the proposed area.
Second Your map should be right at first,
as changes cause delay.
Third You should avoid. If possible, In
cluding any territory agralnst which there
is a rem'onstrance, as this will cause still
more delay and perhaps defeat your case.
Fourth Include Just as few settlers as
possible. The department will not estab
lish a reserve containing many settlers.
Fifth You need at least three copies of
the map.
Please Inform me when the country can
be traveled over and Inspected, the most
feasible route, and the nearest town where
I can stop. From that point you Bhould
furnish a guide familiar . with the country
and transportation to make the trip. If
the trip should be a hard one, requiring
camping out, do not hesitate, as I am not a
"Spring chicken" at that business.
Finally, keep the matter quiet or a lot
of filings may be made and the case lost.
Very respectfully yours, S. B. ORMSBY.
P. S. Filings made on the land with a
view to reconveying to the Government
and receiving scrip will certainly defeat the
proposition; hence whij you have finally de
cided on the limits and have your maps
made, it would be well to ask the Commis
sioner to withdraw the same from entry
pending decision. ORMSBY. .
Thought It Was His Duty.
Mr. Heney asked witness what he meant
by "keeping the matter quiet." and why
he advised that it be kept quiet. Witness
said he thought it his duty to keep people
from rushing into the proposed reserve.
In reply to this letter. King wrote as
suring witness that his instructions would
be followed and that he would be kept
posted.
On March 27, a week later, witness
wrote to Mays regarding his needs, tell
ing him in substance what he had written
King. Witness wrote Mays because King
had referred him to Mays. In reply, Mays
wrote witness telling him he was acting
for the petitioners and would see that he
got what he needed In the line of maps,
etc. -
Calls on Mays.
On April 14, 1902. witness called on Mays
at the latter's office. Mays told witness
he would see that witness got maps. a.
guide, etc. Witness did not see Smith on
that day; didn't know him at that time.
After leaving Mays' office, witness went
to the Surveyor-General's office to look
over plats of the lands he was about to
examine.
Then, on April IS, witness wrote King
that he had received the blue print that
had been spoken of as necessary in wit
ness' letter to King. Witness got the
blue print from Mays, used it in making
his examination of the reserve lands and
returned it to Mays.
Mr. Heney pinned the witness down
closely on the matter of receiving the
map from Mays, Inasmuch as King had
testified that the map had been sent to
Vale from Portland and was awaiting
Ormsby on his arrival. Ormsby, he had
testified, had opened the parcel containing
the map in his presence. Further. Row
land had testified that when he called at
May's office,, early in April, he had been
told bv Mays that a map of the district
had already been prepared, at the same
time Indicating a parcel addressed to
Ormsby.
During the colloquy between Heney and
the witness it suddenly developed that
the witness had In his hand a letter-press
copy of his letter of April 18 to King, al
though he had claimed that he had not
kept a copy.
Mr. Heney sharply cross-questioned the
witness, ripmandlng to know whx the
had not been produced, and why witness
had not shown it to him before.
"You know how it has been, Mr.
Heney," the witness stammered. "You
know that for a month you haven't had
time to talk to me. I haven't had five
minutes with you alone"
"Pardon me. but when you were talking
to me and Mr. Waggoner yesterday you
did not mention it."
"I was going to give it to you"
"Yes, but you didn't give It to me, arid
you could have given it to some one In
my office."
Captain Ormsby shifted uneasily in his
seat and remained silent.
Mr. Heney then introduced the copy of
the letter in evidence. In the letter Orms
by saw that he has seen 'Mays in his
office in Portland; that he has Just re
ceived a blue-print sketch of the proposed
reserve, and that he will be ready to make
the trip as soon as he has recovered from
an attack of the grip.
Mr. Heney continued to pin the witness
down as to the number of consultations
he had had with Mays, but witness In
sisted that he had given the exact facts.
Continuing his testimony, witness said
that on April 26 he received letters from
both King and Mays. King said that the
snow had gone out of the mountains and
that witness could get in to make his ex
amination. Mays merely asked when wit
ness would be able to get into the moun
tains. .The following day witness wrote
Mays saying that he hoped to start
May 1, and urged Mays to furnish him
necessary descriptions of lands to be
included in his report, etc. A copy of
this letter was Introduced. Witness
also wrote King telling him that he
would start as soon after May 1 as
possible.
Witness said he went into the moun
tains by way of Portland, reaching
this city May 5. He went to Mays'
office, where he met Mays, Smith and
William Henry Harrison, "not the
President, but the guide."
Heney's Sharp Questions.
"When did you remember the
guide's name?" suddenly questioned
Mr. Heney.
"I always knew It," answered the
witness.
"Did you know it when I asked you
this morning?"
"Yes, I did."
"Well, why didn't you tell it to me?"
"Why, I did, Mr. Heney."
The spectators began to prick up
their ears.
"You did, did you? Well, we'll let it
drop."
Mr. Heney smiled a vinegary smile
and asked the witness whether Har
rison was an acquaintance of his, and
where he was now. witness said that
he had never seen him before he met
him in Mays' office and had never seen
him since the trip into the mountains
was made; did not know his present
whereabouts.
Continuing, witness said he did not
leave Portland until the day following.
May 6, when he took the morning
train. Smith and Harrison went with
him to the train. Smith carried his
valise for him.
"I suppose Smith didn't carry Har
rison's grip. By the way, was Will
iam Henry Harrison a negro?"
"No, Harrison was a white man. He
carried his own grip."
"Who bought the tickets. Did Smith
buy 'em?"
Traveled on a Pass.
Witness first said that he bought the
tickets, then changed his statement
and said that he got his transporta
tion and Harrison bought his own
ticket.
"You mean that you traveled on a
pass?"
Witness admitted that he had a trip
pass.
Witness told of his arrival in Vale, cor
roborating the statements made by King,
except that he said he did not remember
getting a map in his mail there.
Mr. Heney wanted to know who bought
the provisions for the trip whether they
were charged to King's account. Witness
with some apparent reluctance admitted
that they were. Mr. Heney wanted to
know who paid for the team. Witness
said that he paid for a horse. Mr. Heney
became inquisitive and demanded to know
with whom witness settled for a horse.
Witness finally said that he paid the
money to Harrison. They took along two
horses and a wagon, taking two saddles
in the wagon. Harrison settled for the
team, so witness paid his share to Har
rison. "You mean, don't you, that Harrison,
the guide, signed the voucher?"
Witness answered In the affirmative.
"Did you really pay Harrison any
cash?"
The witness said that he did.
Then Mr. Heney carried the witness
rapidly through the Blue Mountains. The
trip lasted 13 days and covered 300 miles.
Witness got back to Portland May 24 and
immediately went to Mays' office. There
he was introduced to Willard N. Jones,
the defendant. Mays asked about the trip
and witness told him that it had been a
hard one snow storms frequent, etc.
"Let Captain Ormsby In."
Maya remarked that he had worked
hard and done well; then, turning to
Jones, said: "We ought to let Captain
Ormsby in on some of those state certifi
cates, don't you think?"
"I didn't understand what Mays
meant," the witness continued. "I told
him that I had filed on 320 acres, and
thought that was all the law allowed.
He told me that that didn't make any dif
ference, after the first filing."
Mr. Mays' offer seemed to have con
fused Ormsby, for he testified that he
stepped out into the hall after Mays had
made this statement. Mays followed him.
Witness continued: "I said to Mays, 'I
don't know that fellow in there.' "
Mays laughed and said: "Oh, he's all
right,"
Mr. Heney continued to prompt the
witness, who went on to say that he went
from Mays' office to the office of Mr.
La Force, where he made his headquar
ters in Portland, and asked La Force to
go to Mays and ask htm what he meant
about the school lands.
"Well, what did La Force find out?"
asked Mr. Heney.
Witness said that about two weeks
later he received a letter from La Force.
Judge Pipes renewed his objection to
proving fraud In the creation of the forest
reserve under the indictment, which did
not allege fraud, and his example was
followed by the others of the defendants'
lawyers. The court overruled the objec
tions. "What was the substance of La Force's
letter?"
Gets School Land Certificates.
"It was to the" effect that Mr. Mays
had given him certificates for two sections
of school land for me."
Mr. Fenton wanted to know whether
the witness had any memorandum of this
transaction or was testifying purely from
memory. Witness said purely from mem
ory. Mr. Fenton entered a special objec
tion to the admission of the testimony.
Witness said that he never saw the cer
tificates, but confused the statement by
adding that they were delivered to him
by La Force after witness' term of office
expired, in December, 1902.
Witness' last testimony for the day was
with regard to the plats he used in mak
ing up his report on the reserve. These
were delivered to him by Jones, who came
up to Salem with them. Witness had
asked Maya to furnish htm with the
plats.
SCHEDULE OF 8TEAMXR "T. J. POTTER"
The T. J. Potter leaves Ash-street dock
for North Bend, touching at Astoria, as
follows:
August 23. 7 A. M.: August 25. 9:30 A. St.;
August 28, 9:30 A. M. ; August 30, 11 A. M.;
September 1. 12:01 P. M.
From llwaco: August 24. 12:30 P. M.;
August 26. 6 P. M. : August 29, 8 A. M. ;
August 31, 8 A. M.; September 2. 9 A. M.
Tickets at Third and Washington
streets and at Ash-street dock. Meals
may be secured on the boat.
NEW WAREHOUSE
TO COST 540.000
Fleischner, Mayer & Co. Will
Erect Four-Story Block
for Storage.
TO ADJOIN FACTORY SITE
Plans Completed for Substantial Ad
dition to City's Northern Whole
sale District at first rfnd
Ash Street.
Another commodious warehouse is to be
constructed In the northern portion of
Portland's wholesale district. It is to be
built by Fleischner, Mayer & Co., and will
be located on the site adjoining the fac
tory of that firm at First and Ash streets.
Plans for the structure have been com
pleted by E. M. Lazarus, and construc
tion is to commence within the next few
weeks.
This warehouse will be four stories in
height, and in addition will have a large
basement for the storing of goods. It is
to be conveniently arranged for business
purposes, will be built of brick and will
cost in the neighborhood of HO.OOO.
Other important changes are soon to
be made in the local warehouse district,
a portion of them upon the East Side.
One of the finest warehouses In the city
will be that which is to be built by
Mitchell, Lewis & Staver, on East Sec
ond street, between East Morrison anf
Belmont. The site for this building is
now being made by the Port of Portland
dredge, and as soon as It 13 completed,
the concrete piling will be driven. The
steel tubing which will serve as molds
for these piles has arrived. The building
is to be four stories high. The plans were
prepared by Whidden & Lewis.
Improvements Are Being Made.
A number of improvements are being
made in the business houses along Third
street. The building of the Northern Pa
cific Express Company, which for many
years has presented a solid brick wall on
this thoroughfare, is now being remod
eled. The brlcK wall is being torn away
and plate glass will be installed. The in
terior will be handsomely fitted up, after
which it will be occupied by Sig Slchel as
a cigar store.
Another cigar store, that of M. A. Gunst
& Co., at the southeast corner of Third
and Washington streets. Is to be exten
sively altered. This is the head store of
the firm in Portland. More than 115.000
will be spent In making the contemplated
changes. A fine plate-glass front will be
Installed, and the interior will be fitted
up with marble, bronze and mahogany.
Many changes are also under way In the
Abington building, at Third and Stark
streets. T-he wooden floors of the upper
stories are being torn up and replaced
with tiling. The first floor, which is of
concrete, will probably be changed to tile,
in order to have the building correspond
throughout.
S. G. Reed, of the Portland General
Electric Company, proposes to be the first
person to erect a reinforced conecrete res
idence in Portland. Mr. Reed has pur
chased a site, 100x120 feet, from the Judge
George tract, on Portland Heights, and
win build upon It a dwelling to cost ap
proximately J10.000. If his present plans
are carried out, this residence will be of
reinforced concrete. There is one resi
dence in Portland built of concrete blocks,
but the reinforced styles for dwellings Is
unknown here, although used extensively
in some cities. Plans for Mr. Reed's resi
dence are being prepared by MacNaughton
& Raymond.
The Pacific Coast Syrup Company has
postponed the erection of its factory at
Twenty-second and York streets until
early next year. The company purchased
this site several months ago, with the
Intention of beginning work upon a new
factory building before the present time.
Loss of Its San Francisco factory in the
earthquake caused a delay In operations
here.
E. A. Norton, of San Francisco, Is the
purchaser of the Blazier property at the
southeast corner of First and Stark
streets, whose name was withheld when
the deal was announced a few days ago.
The price wag J48.0OO, and the agents, E.
S. Jackson & Co. and Joseph M. Healy.
Mr. Jackson has Just Bold two lots on
East. Portland Heights, near Waverly, to
J. B. Sawyer. They were owned by Dr.
F. S. Smith.
Helen R. Cardwell, as trustee, has Just
sold three lots at the northwest corner of
Twenty-fifth and Mellnda streets to
George P. Holman for J14.000. The prop
erty Is improved.
Last March Max and George Loewen
son bought two lots on Overton street, be
tween Twenty-third and Twenty-fourth,
from Mrs. Fannie H. Splegl, paying $3250
and assuming a mortgage of J3750. Yes
terday they transferred the property to
the Portland Trust Company, In trust for
others, whose names are withheld, for
J9000, thereby clearing $2000 on an Invest
ment of J7000. In less than six months.
There is a dwelling on the property.
WEIGHT TEARS OFF AN EAR
Painter Meets Painful Accident in
Elevator of Concord Building.
John Carlson, a painter, narrowly es
caped an awful death yesterday while en
gaged In varnishing the woodwork of the
elevator shaft in the Concord building.
While in the midst of his work, Carlson
carelessly bent his head over the wire
netting, which acts as a guard, when the
heavy counterweight of the elevator cage
descended on his head.
Happily for Carlson, he drew back just
In time to save his life, but not until
his right ear was torn off and a deep
gash inflicted on the side of his head. He
was removed to Good Samaritan Hospital,
where his injuries were dressed, and It
was said last night that the young man
did not sustain any Internal Injuries.
Carlson is single and rooms at Sixth
and Couch streets.
REFUTES BULLEN'S CHARGE
British Consul Laid law Denies
Shanghalng Flourishes Here.
James Laidlaw, British Consul, has writ
ten to Mayor Lane a letter refuting the
statementa of Frank T. Bullen, the Eng
lish author, that the practice of shangha
lng sailors Is still carried on In this port.
The Mayor recently received a copy of
the Newcastle Daily Chronicle, published
In England, which contained a long arti
cle written by Bullen, entitled, "The Last
Haunt of the Shanghai." Mayor Lane
wrote to Consul Laidlaw, calling his at
tention to the article.
On May 13 there appeared in the New
York Sun a two-column story about
shanghalng in Portland. At that time
Consul Laidlaw and other prominent per
sons who are acquainted with the exist
ing shipping conditions most emphatically
denied the statements made by Bullen.
"He baa certainly, used the, author's
privilege of exaggeration to a very large
extent," says Consul Laidlaw, in his let
ter to the Mayor. "Mr. Bullen's wild and
unreasonable statements have very little
foundation in fact.
"It is, I regret to say, a fact that Port
land and other ports in my consular dis
trict have a reputation of showing more
desertions than most other places, and
the bonus, or, as It Is usually called,
'blood money, exacted from shipowners
for procuring seamen Is far in excess of
any other ports of the world and is ac
tually allowed by law. Such a charge as
$30 for procuring a seaman and seeing
him on board, acts as a direct Incentive
to induce desertion and other crimes."
GIFTS TO HISTORICAL CLUB
Collection Enriched by Addition of
Early Copies of Orcgonlan.
Secretary Himes of the Oregon Histor
ical Society, has Just added to the collec
tion of that organization in the City Hall
about 20 copies of the first volume of The
Oregonian for 1800-51. There were already
Included in the collection several num
bers. Including the first edition, published
December 4, 1S50. The society now has
about 30 numbers of this first volume.
The copies which have Just been re
ceived came through the family of Rev.
Elkanah Walker, an old Oregon pioneer,
now deceased. They were presented to
the society by Samuel Walker, of Forest
Grove, but were first submitted to James
R. Robertson, professor of history at Pa
cific University, who desired to review
them In connection with his researches
into the early history of the state.
In connection with the presentation ot
these papers, Mr. Hlmcs yesterday re
ported the visit to the rooms of the His
torical Society of Mrs. Nancy Stout Stott.
of Jefferson County, Indiana. Mrs. Stott
started to Oregon across the plains March
17, 1851, and has been a subscriber to Th
Oregonian since 1S52.
Mr. Himes has also received the copy of
the Oregon Herald, published in Portland
1866-67. and the Astoria Marine Gazette
for 1865, the first paper published in that
city.
In addition to these, there has been,
added to the collection of the Historical
Society more than 300 letters of Major
Davis Layton, relating to the Yakima,
war, and numerous manuscripts connect
ed with the administration of Governor
A. C. Glbbs. 1862-66.
i
GOOD WILL AMONG ALL
Pleasant Relations Between Volun
tcers and Regular Soldiers.
PORTLAND. Aug. 23. (To the Edltor
Permit me to correct one or two state
ments in Wednesday's Oregonian in the)
account of the rear-guard action in the
maneuver at American Lake, which I
believe to be somewhat misleading. Tha
engagement was not one between reg
ulars on the one sitli and National
Guardsmen on the other, as fully one
half of my command was composed of
organizations of the regular Army.
The utmost good feeling prevailed at
all times during the (encampment at
American Lake between the regulars and!
the militiamen. Every courtesy and con
sideration were shown the state troopa
by the officers and men of the regular
establishment. The members of the Third
Oregon Infantry consider it a great priv
ilege to have enjoyed the advantage of
working With and under professional sol
diers, and are too conscious of their own
limitations to lay claim to that degree
of efficiency which, owing to their life
long training, has been attained by tha
organizations of the regular Army.
All of us, "both regular and National
Guardsmen, who took part In the mili
tary exercises at American Lake, would
deeply regret to have the Impression pre
vail that there was any rivalry or Ill
feeling between the two branches of tha
service.
The suspicion of any Buch ill-feelinir
would mar the pleasant associations and
profitable intercourse resulting from our,
tour of duty at American Lake.
C. U. GANTENBEIN,
Colonel, Third Oregon Infantry.
AT THE THEATERS
What the Press Agent Say.
Fairy Play at The Oaks Xext Week
The first rehearsal for the spectacular fairy"
play to be produced at The Oaks next week!
took place yesterday afternoon at the Pavilion.
The stage production Is under the direction of
the well-known actress, Mrs. Ada Dow Cur
rier. A number of parts have been assigned
Including1 the Princess, to be assumed by Babe
Owens, the Genie, by Olga Johnson; the
widow, by Genevieve La!ne, and, the minister
by Pauline Kuttnar. The parts of Aladdin
the Magician, Muetapha and the Sultan will
be assigned at the rehearsal this afternoon at
2 o'clock and to which all the boys and girls
of Portland are Invited. Little Max Shaull
will have a signing role.
Baby Show at The Oaks Saturday.
There has been such a demand to ente
babies for the Baby Beauty Show that Is to
take place at The Oaks, that it has been de
cided to give mothers another opportunity, in
consequence of which the day has been
changed from Friday to this Saturday after
noon, August 25, at 3 o'clock. Many beautiful
and costly prlzf-s will be distributed for babies
of all sizes and conditions Including boys and
girls from the age of four months to three
years. There will be a parade of babies and
nurses commencing at 3 o'clock.
Good Acts at Tantages.
A show that has made good la at Pan tag-
Theater this week and Is being received wlthr
liberal applause by all vaudeville patrons. The
list of features la a long one and a good one,
beginning with Ralph Cummings and com
pany and thence on through six selected acts
to the latest moving pictures. Cummings put
on bis latest comedy success, "A Game of?
Hearts." which la one long uproar of fua.
The rest of the bill is of the best
Comedy Play at the Grand.
How little a mariner knows about racing la
shown this week at the Grand in the comedy
playlet, "The Sailor and the Horse." This is
presented by the Harry LaRose Company. It
Is a bit of real life and Is one of the beet
acts the Grand has bad during Its history.
Melodrama at the Star.
It Is hit, a palpable hit Is "Caught In th
Web," the melodramatic attraction being pre
sented this week at the Star by the Allen
Stock Company. As a thriller It meets every
requirement and causes the audience to grow
enthusiastic.
Splendid Play at Lyric.
The play this week at the Lyric Theater.
"Partners in the Mine," seems to touch th
hearts of the audience perhaps a little more
than anything that has been proceed at the
Lyric In a long time. The company fairly
outdoes Itself from etart to finish.
COMING ATTRACTIONS.
Xext "Week at the Star.
Monday afternoon the Allen Stock Com
pany at the Star -will change Its bill and pr
sent another of Its pleasing society melo
dramas. The new play Is "A Great Tempta
tion," with scenes laid in the South and
along the Mississippi River.
At the Grand Xext Week.
Bud Snyder, the, most expert trick cyclist in
America, If not In the world, is to be the
feature of the Grand show next week. Mr.
Snyder is a Spokane boy who has carved a
name for himself until he Is now considered
ifine of the hi headllnera la vaudeville.