VOL.. XL.VI NO. 14,403.
PORTLAND, OREGON, THURSDAY, FEBRUARY 7, 1907.
PRICE FIVE CENTS.
THREAT TO KILL
By WHITE
DefenseGives Evidence
of Provocation.
WITNESS ENRAGES JEROME
Causes Roar of Laughter at
Prosecutor's Expense.
PROOF THAW IS INSANE
Doorkeeper Tells of White's Pursuit
of Evelyn Xesblt Eyewitnesses
Say Thaw Was Irrational.
Mrs. Thaw to Testify Next.
NEW YORK, Feb. 6. The defense of
. Harry K. Thaw, under the direction of
i Delphin M. Delmas, of California, began
to assume definite shnpo today. When
' court adjourned, testimony had been
t placed before the Jury to the effect that
' Stanford White had been heard to make
! threats to kill the defendant, coupling
the threat with the display of a re
' volver: that Thaw's actions following
: the killing of White on the roof of
'. Madison-Square Garden, were consld
; ered by severay eye-witnesses to have
' been "irrational." that an uncle of the
'defendant was inBane; that Evelyn Nes
blt Thaw passed a note to her husband
during a dinner at the Cafe Martin
the evening of the tragedy. District At
torney Jerome has this note, and re
fused, on the demand of the defense, to
Introduce it in evidence. At the close
of today's proceedings, It was an
nounced by Mr. Delmas that either the
wife or the mother of the defendant
would be the first witness tomorrow
morning.
The alleged threat against Thaw's life
was made two years and a half before
the tragedy occurred. Mr. Jerome ob
jected to the evidence, declaring the de
fense was not understood by him to be
one of self-defenBe. Mr. Delmas replied
that tne defense intended to take ad
vantage of every legal defense allowed
in the State of New York, be it insanity,
self-defense or any other legitimate
Justification of the taking of a human
life.
Contrast Between Lawyers.
This was but the first of a. series of
Interesting tilts between the District
Attorney and Mr. Delmas during 'the
day, and it was agreed that Mr. Jerome
liad found Thaw's new leading counsel
a foeman worthy of his best efforts. The
two men are of widely different types
Mr. Jerome quick, passionate, force
ful, sarcastic and brilliant at ridicule;
Mr. Delmas, calm, courteous, resource
ful, witty, crafty and ethical, to whom
the District Attorney was always "the
learned Distrct Attorney." There was
never a deviation from this method of
address.
Benjamin Boman, formerly a stage
doorkeeper at the Madison-Square The
ator, was the witness who told of
White's threat. Mr. Boman was offered
na a witness yesterday, but the District
Attorney was successful at that time in
blocking the evidence by objection. .
Story of White's Threat.
Mr. Boman declared on Christmas eve.
inos, Stanford White came to the stage
door about 11:15 P. M. and asked for.
Miss Nest.lt. The doorkeeper told him
the actress, who was then playing In
"Tile Girl From Dixie," had gone home.
White at first accused him of a false
hood and then asked who had been her
-scort.
"Mr. Thaw," the witness said he re
plied. "Oh! that Pittsburger," said the
architect, who, to make sure the actress
Iiad gone, went to her dressing room on
the stage. Not finding her there. White,
according to Mr. Boman, walked rapidly
out of the theater with a revolver in his
iiand, muttering:
"I'll find and kill that before
daylight"
The witness said he believed the threat
o be directed against Harry Thaw, and
Hold him of it several days later, when
they chanced to meet on Fifth avenue.
Ho also told a detective sergeant about
the Incident.
Mr. Jerome cross-examined the witness
for more than an hour, but Boman al
liered closely to his story in every detail.
Once or twice the witness became a trifle
confused as to dates and as to his move
ments during the past five years, and
said he had not been regularly employed
during that period. The witness denied
having been promised any monifl by
Thaw or his attorneys.
Episode of Mrs. Thaw's Note.
Thomas McCaleb, the CnJifomlan who
was with Thaw's party the night of the
tragedy, testified that at dinner that
evening Min. Thaw had suddenly asked
her husband for a pencil, sertbbled a few
words and passed a folded piece of paper
to him. What was in this note the wit
ness did not know, and he was not al
lowed, because of an objection by the
District Attorney, to testify as to what
change of manner, if any. it produced in
Thaw. It has been reported from time to
time that It was in this note that young
Mrs. Thaw, referring to White, wrote to
her husband:
"That blackguard is here."
"We understand," said Mr. Delmas,
"that this note is now in the possession
of the learned District Attorney. We
want to get at the contents of that slip
of paper, believing it to be material evi-
MADE
dence. We demand that the learned Dis
trict Attorney produce it."
Mr. Jerome sat silent. There was abso
lute and dramatic stillness in the court
room and Mr. Delmas stood -waiting and
all eyes were turned on the District At
torney. After waiting some time Delmas
resumed:
I take it that the silence of the learned
District Attorney is not intended as a
discourtesy, hut a conception of what he
feels to be his duty in the matter. We
will attempt later to prove the contents
of the noe."
Jerome Roars With Rage.
Mr. McCaleb detailed, so far as he
could, the incidents of the night of the
tragedy. It came out during the redirect
examination that Mr. McCaleb had met
Mr. Jerome some months ago 'and dis
cussed the case with him.
The witness answered a question to
which the District Attorney had taken
exception and which was upheld by the
court.
"Why did you answer it?" remanded
Mr. Jerome. "I call the court's atten
tion to this man this literary person
corning here and answering questions to
which there is objection. .It is indecent."
Mr. Delmas said it was a misfortune
to a man to have to testify in such a
case, but he thought the witness was
D. M. Dnlmas, of San Francisco, Who
Has Taken Active Charge of
Thaw's Defenne.
entitled to courtesy. Justice Fitzgerald
agreed, but admonished the witness to
be more careful.
"You say you met me at the club?"
said Mr. Jerome to the witness. "Now,
how many drinks had you had that
night?"
"I don't know I had one with you,"
came the reply, and it was some time
before order could be restored. The
cocrtroom was crowded at this time,
many women having been admitted dur
ing the luncheon recess.
Must First Prove Thaw Insane.
Dr. John E. Deemar was recalled today
and testified that Henry W. Copley, the
defendant's uncle on the maternal side,
had been insane. Mr. Jerome had de
clared yesterday that he would not ob
ject to the testimony as to insanity in
the family, provided the proper founda
tion were laid. Whenever, however. Dr.
Deemar started to testify as to Thaw's
cousin, Mr, Jerome said he must object,
as it must first be shown that Harry
Thaw was insane by competent evidence.
(Concluded on Page
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 60
degrees; minimum, f0 decrees.
TODAY'S Showfcrs and slightly cooler; south
eaT rly winds.
National.
Senate committee reports bill for sale of
timber without land. Page 2.
Houae rejects gulf waterway scheme. Page
2-
Plans for American Dread naught presented
to Senate. Page 2.
Progress of Irrigation work in Idaho. Page
3.
IomestJc.
Evidence of threat of White to kill Thaw;
proof of Insanity of Thaw. Page 1.
Co mm u ni ty In Chi cago undertakes to pro-?
duce perfect child. Page 1.
Interstate Commission hears rate case at
Ventura, Cal. Page 1.
Haskin writes on strange facts of geogTa-
pny. Page 1.
Pacific Coast.
Bitter fight over oyster lands In Washing
ton Senate. Page 5.
Northwest Baseball League organized with
six clubs in circuit. Page A.
Storm along Columbia River blocks traffic
and menaces stock. Page 4.
Washington Sheriffs Indorse whipping -post.
Page 5.
Oregon Legislature.
Bill to repeal Portland Gas Company's per
petual franchises introduced. Page 6.
Normal school comine shows signs of disso
lution. Page 7.
Grocers fight hard for law against short-
weight packages. Page 7-
House passes compulsory railroad-pass bill.
Page 7-
Land grabbers descend on Legislature to de
mand relief. Page ft.
Orators only waiting a chance to show met
tle. Page &
Huntley's corrupt practices bill killed in the
House. Page e.
Osteopathy war breaks out again in the
Senate. Page 6.
Two dangerous electric wire bills pending;
, contain Jokers. Page 5.
Opponents see In Bailey's bill blow at direct
primary. Page 7.
Portland said Vicinity.
Council votes to file report of special gas
investigation committee, and nine mem
bers line up on corporation's side. Page
l.
Passenicers on snow-bound O. R. & N. train
arrive and tell experiences. Page 10.
Flood damage increases and river still rises
Page 10.
Council passes police appropriation bill over
Aiayor s veto, rage 4.
Chief Campbell to weed out undesirable ele
ment rrom the fire department. Page 11
Rev. J. R. "Wilsun makes statement concern
ing Anti-Saloon League. Page 0.
Owners and managers of Independent rail-
roans in Oregon say passage of demur
rage law would mean their ruin. Page 14
Commercial and Marine.
Higher oats prices predicted. Page 15.
Sharp advance In wheat on famine reports
irora J-tussia. .rage
Small demand for stocks. Page 15.
Bark St. James escapes from the shores of
Vancouver Island. Pegs 14. I
PRODUCE GUILD
WITH ALLW1SDQM
Aim of Asher Gluck's
Simple Life Colony.
HOW TO ATTAIN PERFECTION
Twenty-four People Adopt New
Strange Cult.
STUDY BEFORE MARRIAGE
Men and Women "Architects"' Un
dertake to Produce Perfect Chil
dren by Recreation, Vegetar
ianism and Other Fads.
CHICAGO. Feb. 6. (Special.) Asher
Gluck, head of "The Architects." a "sim
ple life" colony, will bet with anyone from
$10,000 to $30,000 that the child of any two
members of his colony married under
the rules of the colony will possess at
birth all the wisdom desired for it by its
parents.
Gluck made this offer today after com
pleting the organization of the Ruling
Council of his strange cult. The pur
pose of "The Architects" is perfection
through recreation, he declares. The
members of the colony are to make them
selves over as nearly perfect as Is possi
ble through the conditions they have
passed through, but for their children
they shall have determined absolute per
fection through ( training.
All Dress Alike, but No Meat.
The 24 members of the Gluck colony,
15 of whom are men and nine women,
are engaged today in the manufacture
of clothing that will distinguish them
from the common herd. These garments,
which are to be alike for both sexes,
will consist of a pair of roomy trousers
and a loose, double-breasted coat, made
from unbleached linen.
The daily diet of the colony is fruit,
cereals, nuts and vegetables, with oil as
a beverage. No meat of z ny kind i& al
lowed lnsidithe houe. Nothing of ani
mal origin la permitted to members. Hair
mattresses are tabooed, the members tak
ing to hay for slumber. Brushes are
made from fiber altogether.
Barbers, butchers and saloon-keepers
are not admitted to the house. The
members are bearded, as no shaving is
allowed.
Study to Make Perfect Child.
Dr. Gluck, wearing a bathing suit and
a huge watch-chain, explained today the
object of his institution.
"We give a livelihood to our members,"
he said. "We require no money from
them. We ask no questions of their re
ligion, but we all believe in God, who
.......................,...... .................A
Is perfect. In order that God may find
a worthy tabernacle in our bodies, we
wish to make our bodies as perfect as
possible.
"Parents among us have no more than
two children, one male and one female.
The father and mother study to have a
perfect child.
On Probation for Marriage.
"We have now a young man and wom
an studying to marry each other. V Miss
Unkda Fyffe is to marry Richard Wis
der. They must study our philosophy of
life for a year before they can marry,
however.
"The married ones of our colony will
not live separately from the other mem
bers. This induces slavery, and we do
not believe in this. We have a Spar-
:: Mi
:: f V i
:: h;
John B. McDonald, Builder of New
York Subway and President of
Panama Construction Company
Which Has Bid for Panama Canal
Contract.
tan system of having the men and women
In separate parts of the colony."
FIGHT FOR NEW JUDGESHIP
Hanford for One, Montana and
Idaho Both Want Other.
OREGONIAN NEWS BUREAU, Wash
ington, Feb. 6. If the House agrees to
the bill passed by the Senate ysterday
authorizing the appointment of two addi
tional Circuit Judges in the Ninth Cir
cuit, one will be from Washington, the
other from Idaho or Montana. Senator
Piles intends recommending Judge Han
forfl, of Seattle. Senators Heyburn and
Carter are fighting for the other Judge,
though neither has picked his man.
Vtts,ro' Condition Much Worse.
NEW YORK, Feb. 6. The Tribune eays
a cable dispatch was received in thts city
yesterday from a high government offi
cial, in Caracas, saying that the condition
of President Castro, of Venezuela, had
assumed a more alarming: phase itnd that
he wsa expected to die within 2 hours.
The message was dated February 4 Mon
day. Death of Veteran Actress.
NEW YORK. Feb. 6.-Mrs. Kate Denln
Wilson, the actress, died yesterday at her
home in thte city. She had been ill for
the past two months of rheumatism, and
had to retire from the company of Elea
nor RnbFon at the Liberty Theater. She
was born in Philadelphia in 1X37.
CI
STANDS
BY
ority Lines Up on
Corporation's Side.
SOLID NINE SHOW THEIR HAND
Vote to File Report of Special
Investigating Committee.
M0 REPEAL OF FRANCHISE
Friend, of Intrenched Privilege Go
on Record as Opposing Inter
ference With Perpetual
Grant Now In Operation.
HOW THE COlTNCn. STAXD8. I
For perpeul franchises (the solid J
nine) Oauncilmen Annand. Beldlng, I
Dunning. Gray, Masters, Preston, Shar- I
key. Shepherd and Wallace.
Ag-ftlnet perpetua.1 franchise (six In- f
dependent members) Gouncllmen Ben- I
nett, Kellaher. Henefee, Rushlight, I
J Vaughn and Wills. f
A majority of the Council has gone on
record as supporting intrenched corporate
privilege In Portland. At a meeting of
the Council yesterday afternoon It was
voted to place on fila the report of the
special investigating committee that
recommended the revocation of franchises
held by the Portland Gas Company, thus
in effect killing the movement to bring
that corporation under proper control.
Not only that, but the Councilmen who
are aligned with the corporate Interests
of the city voted direct refusal to indorse
a bill to the Legislature repealing the
perpetual franchise of the Portland Gas
Company in order that the business of
manufacturing and selling gas in this
city might be brought under municipal
supervision.
The portion of yesterday's session that
waS devoted to the consideration of the
gaa. committee's, report was one of the
most stormy in the history of the CouncU.
The line was distinctly drawn between
those who favor perpetual franchises and
stand by corporations that abuse their
grants, and those who are fighting for
just regulation of public utilities. In
the latter class Menefee, Rushlight, Kel
laher, Bennett, Vaughn and Wills who
supported the recommendations of the
committee that the franchises of the gas
company be revolted. In opposition to
them were Annand, Belding, Dunning,
Gray, Masters. Preston, Sharkey, Shep
herd and Wallace, the "solid nine" who
voted in favor of a motion that sets at
COMPANY
naught, so far as the Council Is con
cerned, the entire gas investigation.
Report of Gas Committee.
The report of the committee, represent
ing months of work and investigation,
declared that the Portland Gas Company
furnishes gas of a poor quality, and that
it grossly overcharges for its product. In
addition It was found that the methods
of the company in dealing with the
public are cumbersome and unsatisfac
tory. As a remedy the committee recom
mended that all franchises held by the
company be canceled and that the Council
take up this work immediately. The
recommendation that the Legislature be
asked to repeal franchises granted by the
state and that the Council repeal fran
chises granted by it to the gas com
pany, were based in their legal aspects
upon a written opinion of City Attorney
McNary. This is the report that was
placed on tile by passing an amendment
to a motion that it be adopted.
In order to force the members who
were responsible for the filing of the re
port to come out even more openly in
their position, Councilman Bennett sub
sequently Introduced a definite resolu
tion that the City Attorney be requested
to prepare a bill providing for the re
vocation of the franchises granted the
V - i
A V . i
W. 3. Olliver, Who Has Submitted
Final Bid for Construction of
Panama Canal.
gaa company by the state, and that a
committee of the Council be appointed to
urge its passage upon the legislature.
An attempt to smother this report by
referring It to the committee" on judiciary
and elections failed, ' but the resolution
was defeated on direct vote by the same
united opposition that had iprevlously
been in evidence. In favor of the reso
lution were Bennett, Kellaher, Menefee,
Rushlight, Vaughn and Wills. Opposed
to it were Annand, vRelding. Dunning,
Gray, ' pYeSCoii, Shepherd and Wallace.
Masters and Sharkey had been excused
from the meeting prior to the Introduc
tion of the resolution.
Masters' Change of Front.
The report of the committee, which was
printed in fnll In The Oregonlan yester
day, was presented to the Council with
the signature of all the members of the
committee, Menefee. Bennett, Kellaher,
Masters, Rushlight and Vaughn. By In
dorsing the petition with his signature and
then opposing its adoption with his vote.
Masters took a position that probably
Is without precedent in the entire annals
of the Council. Masters voted both in
favor of the motion to file the report
and against the resolution to submit a
bill to the Legislature.
When the report had been read. Wills
moved its adoption. Annand. who was
himself a member of the gas committee
but withdrew early In the investigation,
moved as an amendment that the report
be placed on file. The amendment was
seconded by Gray.
"We have spent much time on our
findings," said Mr. Vaughn in support
of the report, "and I believe that our
recommendations are Just. The action
that we advocate does injustice to no
one. Any unprejudiced person who
should go over the records of the investi
gation could but arrive at the same con
clusions. Testimony Established Facts.
If our findings are right there is only
one thing to do and that is to bring
about the repeal of the franchises held
by the gas company. Under the charter,
franchises Issued now must provide re
strictions and we should place the same
regulations on all existing franchises.
We ha.ve not expressed In full our senti
ment. We say that the quality of the
gas is poor, but we ought to say more.
The company's methods in dealing With
the publlo are cumbersome and unsatis
factory, acoording to our report, and
this fact was established by an aston
ishing . mass of testimony."
"I agree in that exactly," said Wills.
"This committee was appointed for a
purpose that It has well fulfilled. If
we pay no attention to the report it
is useless for this Council to appoint
any such committees In the future. The
franchises which the gas company
holds might have been all right in
1859 when Portland was a village, but
It has long been outgrown. The city
certainly should be able to regulate the
gas company." .
"Persorally I am not prepared to say
the report Is true," said Mr. Afinand.
"I cannot say the company is over
charging. I will say that the fras Is
not always good, but I cannot sa that
it is always bad."
"Me Too," Says Sharkey.
"The sentiments of Mr. Annand are
the same as my own," asserted Mr.
Sharkey, who admitted that he had
not attended the sessions of the rm
mittee. "This investigation arose, in
the action of a newspaper that tok a
dislike to the gas company, and nnde
Its case so strong with the manipula
tion of politics that It got the Couicil
Into it. I do not deny that the changes
of the gas company are too high .and
that the gas is of indifferent qualify. I
have paid no attention to the Investi
gation, but I am ready to say b"ore
tConcluded on Page S.)
STRANGE FACTS
T
Florida Boasts of Dis
appearing Lake.
FREAKS OF MISSISSIPPI RIVER
Most Crooked of Streams an
Builds Islands.
DISMAL SWAMP NO SWAMP
One Place Where Nature Is Regular.
Indiana's Hole Which Never Can
Be Filled Bridge Over Co
lumbia Longest in World.
ABQU
GEOGRAPHY
BV FREDERIC J. HASKIN.
WASHINGTON, Feb. 1. (Special Corres
pondence.) Some years ago a topo
grapher was sent out from Washington
to make a survey of what was then
Payne Prairie, Florida, a bit of land
about eight by five miles in extent. The
survey was made and the prairie de
scribed. Three or four years later a new
surveying expedition found that this land
had been transformed Into a body of
water, and it was put on the map as
I'ike Alachua. It developed that this
lake-prairie " plays a Dr. Jekyll and Mr.
Hyde a game with Itself, sometimes ap
pearing as one and sometimes as the
other.
This freak is explained by th fact that
a stream loses itself in a sink at the
northern part of the prairie and, when
this sewer can carry off all the water,
the region is level land. When the sink
cannot drain off the water, it accumulates
until it becomes a lake. People living
near aand desiring to "neighbor" with
the residents on the other side of the lake
prairie are driven to the necessity of
keeping a canoe at the front door and
a horse in the stable to be ready for
whatever conditions may arise. If a
steady rain comes, the face of the land
scape is liable to change any minute.
"' Ic'e" Mountain of Virginia.
One of the natural- curiosities of this
country is the Hampshire Ice Mountain
on the banks of North Creek, twenty
six miles from Winchester, Vlrglna. For
about a quarter of a mile the west side
of this mountain Is covered with loose
boulders and stones of light color, the
mass extending all the way down to the
river. By lifting these stones on any day
in the year, crystals of ice can always be
found securely hidden In the crevices be
neath. The shortest street in the "United States
is Hague street, In New York. It is only
long enough to accommodate two houses.
The Dismal Swamp Is not a swamp at
all. according to the usual definition of
the term. It stands 15 or 20 feet higher
than the surrounding country, and. in
stead of receiving drainage from rivers,
is Itself a source of supply to various
streams, giving them the water its
spongy soil catches and holds after rains.
There Is no decay of vegetable matter of
any kind, logs and falling leaves being
transformed into peat by the pure water.
The purity of the water causes It to keep
indefinitely and it was in great demand
in bygone days for the casks of sea
going vessels. The climate is said to be
pure and healthful, and on this account
planters in olden times were anxious to
hire their slaves to lumber contractors
working in the swamp.
Mississippi's Crooked Channel.
The northern boundary line of Delaware
Is circular in form. This has been ex
plained by the fact that In colonial days
William Penn wanted enough land along
the western bank of the Delaware River
to give him an outlet to the sea. He
procured from the Duke of York a. re
lease of all title and claim to Newcastle,
"twelve miles around it and to the land
between this tract and the sea." This
survey described a semi-circle and, when
this particular colony became a state. It
still retained the old circular boundary
line.
A humorist has said that 'the Missis
sippi River is so crooked in places that a
steamer going south has been known to
meet itself coming north, give passing
signals and narrowly escape a collision
with itself." Because man has never
been able to make the Mississippi obe
dient and content to stay In one particu
lar channel, many Interesting geographi
cal situations have arisen. There are in.
numerable old channels threading back
and forth through the forests of the low
lands and. whenever there Is an overflow
or a particularly heavy freshet, the river
Is quite liable to wander oft down one of
these old channels and lejave some ship
ping point high and dry. The town of
Delta used to be three miles below Vicks.
burg, but a cut-off changed things so
that It is now two miles above that point.
Another little place called Blue's Point
was formerly located In Mislssippl, hut
one Spring when times were dull and the
river needed a diversion, it changed Its
channel and transferred Blue's Point
over into Arkansas. If the big river had
taken such a twist between Missouri and
Illinois before the war. It could have re
moved slaves from one state to another
and thus set them free.
River Build's Islands.
Another pastime in which the river in
dulges is Island-building. ' A snag In the
river, the wreck of an old boat or a sub
merged tree Is all that Is needed for ft.
foundation for the brush and silt to settle
upon. Chicken Island, near Mound City,
(Concluded on Fag 2.