Morning Oregonian. (Portland, Or.) 1861-1937, February 19, 1907, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    VOL. XL.VI SO. 14,415.
PORTLAND, OREGON, TUESDAY, FEBRUARY 19, '1907.
PRICE FIVE CENTS.
1
EVER
WANTED TO
SHOOT CREATURE
Thaw's Explanation of
billing to Doctor.
3UT PROVIDENCE TOOK CHARGE
Evans Relates Interview With
Prisoner in Jail.
WILL IS PUT IN EVIDENCE
Funds Provided to Prosecnte Own
3furderers and "Inhuman Scoun
drels" Who Betray Girls Je
rome's Spat With Delmas.
NEW TORTC. Feb. IS. "I never
wanted to shoot the creature. I never
wanted to kill. I knew he was a foul
creature, destroying the mothers of
America, but I wanted through the le
gal means to bring nlm to trial. I
wanted to get him Into court to bring
him to justice, but Providence took
charge of It; it was an act of Provi
dence." This is Harry K. Thaw's own story
of the killing of Stanford White. It
was told by him to Dr. Brltton ' D.
Evans, the alienist, last August in the
Tombs. Dr. Evans today repeated the
prisoner's words to the Jury that is
trying Thaw for his life. District At
torney Jerome fought hard last week
ngainst the Introduction of this evi
dence, which the defense, believes is
conclusive proof that Thaw did not
know his act was wrong. Only the
testifying phyalelnns bad declared that
In their opinion Thaw was insane at
the time he made the statements. How.
ever, the rules of evidence permitted
the introduction of the prisoner's
wo ids.
Laying Plans Tor Commission.
. In further bulwarking their conten
tion that Thaw was Insane when he
killed Stanford White, the defendant's
counsel succeeded today in placing be
fore the jury the will executed by
Thaw the night of his marriage in
April, 1905, and a codicil executed at
the same time. Again Mr. Jerome
fought the evidence, but bo significant
ly ' withdrew "his objections after Dr.
Evans had given it as his expert opin
ion that Thaw was insane at the time
he executed the will.
The fact that the District Attorney
seems disposed to let in testimony of
every character provided there Is a
preliminary opinion from the witness
that the man was of unsound mind at
the time to which the testimony re
fers was taken today as further indi
cating that Mr. Jerome may at the
psychological moment. If he deems his
hand strong enough, demand the ap
pointment of a. commission to pass on
Thaw's present state of mind.
Fund to Prosecute "Scoundrels."
The will and the codicil were of
fered In evidence as cumulative testi
mony of. Thaw's mental unsoundness
prior to the killing of White. In his
will Thaw provided that his execut
ors set apart the sum of S.'tO.OOO to
Investigate, -his death in case of a
violent or suspicious end, and for the
prosecution of the persona suspected
of having taken a. hand in his taking
off. In the codicil Thaw left to a law
yer In Pittsburg $7530 to be used in
securing legal, redress from Stanford
White and one other person, whose
name was not allowed to be read, for
the benefit of four young women who
Thaw declared had been the victims
of "degrading assaults" ' In a house
"furnished and used for orgies by
Stanford White and other inhuman
scoundrels." Thaw also bequeathed
, sums of $2500 each to Rev. Dr. Charles
H. Parkhurst, Anthony Comstock and
a lawyer named In his codicil, to be
used in discovering further alleged
misdeeds by Stanford White and ask
ing redress for the women.
Drs. Hammond and Jelllffe will tes
tify tomorrow, probably on the Im
provement In Thaw'a mind during his
confinement In the Tombs, declaring
that the stress which caused the men
tal explosion was removed with the
death of Stanford White. It was also
said tonight that Mrs. Evelyn Nesblt
Thaw may go on the stand tomorrow
to complete her story. The trial today
entered its fifth week.
Delmas Again In Charge.
The opening of court found D. M.
Delmas Jn his accustomed place at
the head of Thaw's counsel table, not
withstanding reports of disagreement.
Mr. Bolton, the Juror whose wife died
last week, said he felt perfectly able
to go on with the trial. It was decided
that the Jurors should not again be
cor.flned until they Anally retire to
make up their verdict.
Dr. Evans, who has been by far the
most Important witness for the defense
among the medical experts, detailed at
great length his conversations with
Thaw at the Tombs. , He told of how
Thaw declared that his lawyers and
physicians were conspiring with the
District Attorney to "railroad him off
to an asylum and to prevent his case
from coming to trial." He declared
"they wanted to close this matter up."
Thaw told the physicians that In his
attempts to bring Stanford White to
justice be had complained to Mr. Jer
ome and that the latter had told bim
to let the- matter drop, that there was
nothing to it. He also complained to
Anthony Comstock and to a detective
agency.
Dr. Evans was corroborated as to
most of Thaw's statements by Dr.
Charles T. Wagner, of hlnghamton,
who first . figured as a witness early
last week.
Jerome and Delmas Spat.
Mr. Jerome cross-examined Dr.
Evans briefly on his opinion that Thaw
was of unsound mind at the time of
executing his will. Mr. Delmas was
on his feet during the cross-examination.
He interposed many objections
and generally was sustained. He looked
sharply to Dr. Evans- interest, but the
latter appeared to be well aware of
his privileges.
Mr. Jerome in protesting against ad
mitting the codicil as evidence referred
to "these scandalous statements." Mr.
Delmas objected and had his objection
noted as being due to the District At
torney's misconduct. A word conflict
Clyde B. Aitchison, of Portland, Ap
pointed on the State Railroad Com
mission. ensued, which ended by Mr. Jerome
declaring that in future he would con
cede nothing.
Judge Henry A. Melvin, of the Su
perior Court of California, was an In
terested spectator at the trial today.
Judge Melvin is grand exalted ruler
of the Order of Elks, and a personal
friend of Mr. Delmas.
PKOOFS OF THAW'S INSANITY
Kvar.s Tells of Delusions and Will Is
Put in Kvldence.
N'KtV YORK. Feb. IS Dr. Britton D.
Evans, superintendent of the New Jersey
State. Hospital for the Insane, was the
first witness in the Thaw trial today.
Dr. Evans was asked to relate the con
versations he had with Thaw during his
first three visitR.to the defendant in the
Tombs. The witness has heretofore test!
fled that as the result of the first three
visits he had reached the conclusion that
Thaw was of unsound mind.
District Attorney Jerome submitted to
the court the contention that the witness
should produce any notes he may have
taken at the time of the interviews.
"That is a matter for general cross
examination," ruled Justice Fitzgerald.
"Although I am not compelled to do
so," said Mr. Delmas, "I will examine
the witness upon the point so as to sat
isfy the learned District Attorney."
Dr. Evans said he did take some notes
of one visit, but they were meager and
had been lost after he had turned them
over to his stenographer. He took his
assistant. Dr. C. C. Bellliig. along to take
notes for the third visit, but Thaw dls
missed the physicians and counsel on that
occasion.
Thaw Thought Doctor Insane.
"That ended the note-takng." said the
witness. "I may omit essential details,
but I will have to depend entirely on my
memory."
Mr. Jerome objected. "This witness," he
declared, "says he ' must omit essential
facts."
"What can he do," replied Justice Fitz
gerald, "but give his best memory? That
is all that Is required by the rules jof
evidence."
Tha nbtpHnn wna nt'Arrtila nrA TW
Hlvans began to relate the incidents of
his first visit to Thaw on August 4. '
"I took a letter of Introduction to Mr.
Thaw from Mr. Hartrldge, and was con
ducted to his cell, and he gave me his
hand and looked at me with & staring
and twitching of the eye. , With a ner
vousness such as we seldom see and in
an agitated manner he asked me to have
a seat beside him on his cot. He looked
at me' a long time, and then said: 'You
have different eyes from Dr. Hamilton.
Your eyes look as if you were a sans
man. His eyes suggested insanity."
"I asked him how he was. I told him
I had been sent by Mr. Hartrldge to talk
matters over. He said it was all right If
I came from Hartrldge, and in response
to my question as to how he felt, he said:
'Oh, I am all right.'
While's Crimes Against Women.
"The words were nervously uttered, and
were piled together. He concluded: 'Lew
Delafleld, a lawyer of the firm of Black,
Olcott, Gruber & Boynge, is In a con
spiracy with Jerome so as to close this
matter and railroad me off to an asylum.
They want to have me declared Insane.
It is all rot. There's nothing to it. They
don't want me to come to trial, where I
may be vindicated, and where I can tell
the court and the Jury all there is in this
matter.' "
Dr. Evans said the arrival of the pris
oner's wife and mother interrupted the
interview. 1
He offered to withdraw, but Thaw told
him to remain, and after kissing his
wife and mother and introducing the phy
sician, he asked them to excuse him until
he had finished with his caller. "He told
me," continued Dr. Evans, "of Stanford
White, and at great length spoke of the
alleged wrongs the man had done to in
nocent girls. He never referred to him
self, and did not seem to feel in any dan.
ger from his position as a prisoner charged
with murder. He declared that he
drugged and ruined a great number of
young women who had not been inclined
to crime women whose minds as well as
bodies had been pure."
Dr. Evans then told of his second visit.
"Thaw came Into the examlning-room
of the Tombs with a large pasteboard box
in his arms. It was filled with papers.
He was nervous and agitated. He said
'Concluded on Pace 4.)
JAMES
RAILROAD
covin
State Board Acts Under
Chapin Bill.
EASTERN OREGON SHUT OUT
Appoints Oswald West, C. B.
- Aitchison, T. K. Campbell :
ALL ARE WEST SIDE MEN
First Xow" State Land Agent, Second
Portland Lawyer and Third Cot- .
tage Grove Lumberman C. V.
Galloway Succeeds West.
SALEM. Or., Feb. 18. (Special.) Ore
gon's three Railroad Commissioners will
be Oswald West, - of . Salem, now State
Land Agent; Clyde B. Aitchison, of Port
land, now attorney for the Title Guaran
tee & Trust Company, and Thomas K.
Campbell, of Cottage Grove, a lumberman
of the firm of Campbell & Alexander.
These selections were decided upon to
day by 'the' State Board, which is given
the appointment under the Chapin law.
West is a Democrat, and the choice of
Governor Chamberlain. He will hold of
fice until after the state election In 1510.
Aitchison . is a Republican and. is the
choice of State Treasurer Steel. Camp
bell Is a Republican and is the choice of
Secretary of State Benson. Aitchison rep
resents the Second Congressional District
and Campbell represents the First Dis
trict. The present tenure of each will last
until after the state election of 1908.
The commission law will go into effect
Thursday, unless sooner approved by
Governor Chamberlain, that day being the
fifth, excepting Sunday, since it was pre
sented to him. Within 20 days thereafter
the law is to become operative.
West will be succeeded as State Land
Agent by Charles V. Galloway, of Mc
Mlnnville, a young Democrat who was
a member of" the House of Representatives
In 1POX and was, the Democratic nominee
for Congress last year.
West is 33 years of age. Aitchison is 32
and Campbell is 50. West's vocation is
MR. DELMAS PLACING MRS. THAW'S NOTE IN EVIDENCE A THE TRIAL
sSI . V $tf
"
m ,tlwfe ,lhm ill
- . fymm0& SSkiWs
KRS "HARPY
K THAW
From the New York Herald.
LEADING COUNSEL FOR IttRKV THAW. AFTER MAXT EFFORTS. HAD MR. JEROME PRODUCE A NOTE SAID TO
HAVE BEEN WRITTEN BY MRS. THAW TO HER HUSBAND IN .THE CAFE MARTIN. THE PORTRAIT IN THE OOR
NKB JS THAT OF DR. WAGNER, ALIEN 1ST FOR THE DEFENSE.
that of banking. Aitehison Is a lawyer
and Campbell 'is a - lumberman, of the
firm of Campbell & Alexander, of Cottage
Grove, which has been put out of busi
ness practically by lack of cars on the
Southern Pacific.
Each Commissioner must give bond in
the eum of J10.000. By the. terms of the
law he shall not hold any other office, or
position " of profit, or pursue any other
business or vocation, or serve on or under
any committee of any political party dur
ing his. term in office, but shall devote
his entire time to the duties of his office.
As there are two Republicans on the com
mission, it is to be expected that one of
them.- either Campbell- or Aitchison, will
be chairman. The salary of each mem
ber Is to be $4000 a year. "They will ap
point a secretary at $3000 a year, Und may
appoint an expert stenographer at $1200.
. Fast Side Unrepresented.
Eastern Oregon does not have a mem
ber' on the board, and this is under
stood to be due to the determination of
Governor Chamberlain to appoint West
of Salem. One of the members naturally
must - be . a - Portland- man, and ..Benson
picked out a man from his part of the
state. Benson and Steel called on Gov
ernor Chamberlain to name a resident
of' Eastern ' Oregon.' but'the' Governor
wanted West. -
Oswald West was born in Ontario, Can
ada, 33 years ago.' At the age' of 4 years
his family came to "Salem. Young West
was educated in the schools of the capi
tal city. At the age ' of 16 he entered
the I.add & Bush bank, where he was
employed 11 years., eight of them as pay
ing teller. In " 1901 he became paying
teller of the First National Bank of
Astoria and In 1903 was appointed State
Land Agent by .Governor Chamberlain.
- Clyde B. Aitchison is a native of Iowa,
32. years of age. He .graduated from
Hastings College, Hastings, Neb., in 1893
and . read law In the office of Tlbbits,
Morey & Ferris, attorneys, at that place
for about two years. They were the
local attorneys for the Burlington at
that point.
Has Railroad Experience.
Subsequently he studied law with Fin
ley Burke at Council Bluffs, la., for two
years and was admitted to practice by
the ' Supreme Court of Iowa at the age
of a, standing second . in a class of 33.
Mr. Burke was district attorney for the
Chicago & Northwestern and Mr. Aitchi
son . was associated with him for about
nine years as student and practitioner.
He also assisted the general officers of
the Postal Telegraph Cable Company in
vnocuring a right of way for the Omaha
Denver line.
1 While a resident of Iowa In 1902 he
prepared for the Lawyers' Co-Operative
Publishing Company annotations
to Iowa decisions, covering all the ref
erences to Iowa cases as authorized
in' every court of the country. The
work hnd a wide sale.. He was also
lecturer In the Omaha Law School at
this time.
Mr. Atichlson fame to Oregon In the
early part of 1903. and became asso
ciated with the trust department of
the Title Guarantee & Trust Company
(Concluded on Page 3.)
FULTON
SCORES
FOREST; SERVICE
Arraigns Hitchcock for
Helping Fraud.
GIVES BEVERIDGE TROUNCING
Indiana Senator Gets No
Mercy When Interrupts.
TOO FOND OF OWN VOICE
Vigorous Criticism of Pinchot
Wins Applause of Senate Lieu
. .Land Law Perverted to Favor
Land-Grant Railroads.
. OF.EGONTAN XEWS BUREAU, Wash
ington, Feb.- 18. Senator Fulton made a
most effective 40-mlnute speech In
the Senate today. in which he
criticised and . condemned the man
ner In which forest reserves are be
ing created and administered. Admitting
the honest intention of Forester Pin
chot.' he censured his official methods and
scathingly arraigned Secretary Hitchcock
for his forestry work.
Fulton declared that more actual fraud
had been committed against the Govern
ment under the forest reserve system than
under all the land laws combined. The
chief fraud, he declared, was committed
by the Secretary of the Interior in per
mitting land grant railroads to exchange
worthless land in reserves for the best
timber and agricultural land of Oregon
and neighboring states. He said the lieu
land law was passed and intended to af
ford relief solely to homesteaders, but
that the Secretary of the Interior had
overruled the Land Office and explicitly
directed that railroads also enjoy this
privilege. He said this ruling was con
trary to the spirit of the law. In this he
was substantiated by Senator Carter.
Fulton a!s charged1 that there has
been recklessness tnthe creation of
reserves and usurpation of authority
in their administration.
Half a dozen times during Fulton's
address, Beveridge interrupted and at
tempted to Inject speeches of his own,
showing his absolute lack of knowl
edge of Western conditions, particular
ly those under discussion. Fulton bore
with Beveradge patiently until Bev
eridge made himself particularly ob
noxious, and then the Oregon Senator
turned in and administered a trouncing
to the young man from Indiana which
aroused the latter's wrath, but which
met with the hearty approval of the
whole Senate, which has lately had too
much Beveridge.
Heaps Ridicule on Indianian.
Fulton seeemd to break Beveridge's
heart when he ridiculed the latter be
cause of his fondness for hearing his
own voice, and when he attributed to
this cause the frequency with which
Mr. Beveridge was "butting into" all
Senate speeches.
After the Senate adjourned Beve
ridge accused Fulton of being brutal
and insulting, but Fulton, disclaiming
such motives, told Beveridge he had
brought upon himself the rebuke which
he. Fulton, had been compelled to ad-
r'v- . :
A i .
- "I '
Oswald West, of Astoria, Appointed
Member State Railroad Commis
sion. minister in order that he might com
plete his speech. '
It was far and away Fulton's best
speech since he entered the Senate,
and was heartily commended by many
older Senators. His squashing of
Beveridge made a great hit.
DIETRICH IS THE XKW MAX
S 1 '
Strong Rival of Allshlc for Federal)
Judgeship injdaho.
OKEGONlAy -SEWS BURBAU. Wash
Ington. Feb. 18. If the President refuses
to appoint Judge Ailsliie (Senator Hey-
burn's choice) as successor to Judge
Beatty in Idaho, F.. S. Dietrich, of Po-
catello, is most likely to bo appointed.
Judge Ailshie is expected here Thurs
day to personally answer the serious
charges pending against him. Meanwhile
the President is making an investigation.
It seems Improbable that the matter can
be cleared up before March i. That will
(Concluded on Page 4.)
CONTENTS TODAY'S PAPER
The Weather.
TEPTBRDAr.S Maximum temperature, 00
deirrees; minimum, 38 degrees.
TODAY'S Light rain; southerly winds.
Foreign.
British Cabinet stands firm for Irish Dtrlicy
Page 8. f '
French Cabinet , settles
Page 8.
its differences.
Deadly mine explosion in Mexico. Tage 8.
National.
Senator Fulton scores Hitchcock and gives
Beveridge a trouncing. Page 1.
New candidate for Idahc judgeship. Page I.
Terms of agreement on Japanese question
Page 2. .
House passes immigration " bill with Jap
anese passport provision. rage 2.
Register Kolan. of The Dalles, removed
Page 2. ,
Evidence on Brownsville riot. Page 8.
. Domestic.
Haxkln tells stories about state legislators.
Page 1.
Alienists tell Thaw's view of ' killing of
White: will admitted after row between
lawyers. Page 1.
Hermann loses another law point In trial
Page 3.
Attack and defense of Christian Science
Page 3.'
Missouri liquor man kills two Prohihitin
leaders and Is killed soon after. Page 3.
Padfie Coast.
Olj-mpla House passea bill for Gray's Har
bor County by overwhelming vote
Page 6.
Strike of Butte printers far from an end!
Page 5.
Sensational evidence produced in trial of
Steve Adams. Page 5.
Cbehalls robbers obtain $15,000 in jewelry
and $300 In money. Page fl.
Oregon Legislature.
State Board appoints Railroad Commission
era under Chapin bill. Page J.
Campbell's County Attorney bill killed.
Page 6.
Attemp to prune $100,000 appropriation for
Seattle fair fails. Page 7.
Burna pure food law passed by the House.
Page 6.
House passes bill to put future State Print
ers on flat salary. Page T.
Senate passes state banking law bill. Page ft.
Astoria lobby flshts Port of Columbia bill.
Page 7.
Brlx logging bill is dead In House. Page 4.
Portland and Vicinity.
Anti-Saloon- League re-elects Superintend
ent Rader for one year. Page 16.
Oregon Eastern line across Central Oregon
definitely located. Page 14.
Council license committee reruses to Indorse
Shepherd's high license ordinance
Page 10.
Policeman laadore F. Isaacs la accused of
graft in Chinatown and suspended.
Page 10.
Water Board offers $25,000 for Mount Tabor
plant. Page 14.
Dr. Newell Dwtght HIIUs, famous Brook
lyn preacher, discusses railroad question.
Page 11.
Mischief makers cut off Portland s electrical
power supply by throwing chains over
high voltage cables. Page It.
Commercial and Marine.
Another pause in hop market. Page 15.
Eastern wheat markets firm on good de
mand. Page 15.
Stocks Inclined to weakness. Page 15.
eteamshlp Agapanthua Is rechartered for
wheat loading. Page 14.
STORIES ABOUT
THE LEGISLATORS
Amusing Incidents in
State Capitols.
MOUNTAINEER AND ORATOR
Irishman's Retort to Grafters
in Wisconsin.
L0NGW0RTH CHOKES BILL
Legislator's Eloquence on Boon to
Blind Cooks How Rural Sena
tor Turned Laugh on Great
Corporation Lawyer.
st mnDKnic J. harktv.
WASHINGTON, Feb. 13.-(SpeciaI Cor
respondence.) Forty State Legislatures
are now in session in the United States,
and although each of them la made up
of men' of every' kind, the composite
state legislator is a most distinctive
American type. His home paper calls
him "Hon." and refers to him as a
"solon." The city papers decline to take
him seriously unless he Is holding up
the election of a United States Senator
or is to be scolded or cajoled into sup
porting a favorite measure. Because
most legislators are from rural districts
the mind instantly pictures a "solon"
with chin whiskers. As a matter of
fact, lawyers are In a large majority
In all Legislatures.
In Kentucky several years ago an emi
nent lawyer of more than state-wide
reputation was sent to the Legislature
for the special purpose of advocating
much-needed reforms. He prepared an
elaborate statement filled with citations
of authority and replete with reviews of
cases. Tt was an important document,
he thought, and to prevent any mistake
he read It from manuscript. When he
had finished a two hours' reading an
old man from the mountains whose fami
ly name has been connected with a
famous feud arose and said:
"Mr. Speaker, the county what sent
that feller here mought as well have
writ a letter.". ,
Easier to Bcut One.
The same mountaineer owed his seat
1n the legislative hall to the fact that
the opposition party In his county had
split Into factions and divided Its vote
among three candidates. Once it was
suggested that he was the creature of
circumstances. The old man looked at
it In a different way and in a speech
in the House shouted:
"I beat three on 'em last election, and
the man Is a liar who says I cain't beat
jest one."
In the Minnesota State Senate in the
days of violent free-silver agitation there
was a German who believed firmly in
the gold standard and was alarmed by
the 16-to-l propaganda. He thought to
end it all by a speech. Ho said:
"If I goes down by der lake and I
say, 'Hello,' vat comes back? 'Hello.'
When there Is free silver and I goes
down by der lake and say, 'Von dollar,'
vat comes back? Only nfty cents."
The grafters of the Wisconsin Legis
lature had a great scheme some years
ago to pass a bill authorizing each county
to issue funds for the extension of the
telephone system. It was a great thing
for the telephone companies, great for
those legislators who were on the in
side, and the taxpayer was being told
it was great for him because he would
get the telephone In his house. One tear
ful statesman arose and bewailed at
great length the condition of the poor
farmer, who could not get the doctor for
hla sick child for hours and hours be
cause there was no telephone, all due
to a parsimonious state that would not
give him a telephone. He harangued for
an hour and sat down amid the sobs
of all the tender-hearted "solons" who
were In the graft. Then a little red
headed Irishman Jumped up and said:
"Mr. Speaker, don't yez think it would
be cheaper for the gintleman to spind
twinty-flve cinta for the book, 'Pha$ to
Do 'Till the Doctor Comes?'
Put Quietus on Oratory.
In the Indiana Legislature there was a
very tall man, a giant, who was much
given- to oratory. There was also a very
small man, a midget, much given to
speech-making. The giant delivered him
self of a Fourth-of-July oration one day
on nothing in particular. When the mid
get arose to reply he began:
The mountain has been In labor"
Just then a third person broke in with:
Ana a ridiculously small mouse will
now be heard to squeal." There was no
more oratory that day.
Nicholas Longwortb, when a member of
the Senate in Ohio, employed a unique
method of killing a bill to prohibit the
sale of cigarettes in that state. Tht
measure had been Introduced in tha
House merely for the purpose of holding
up the tobacco trust, but It got away
from Its clever author and passeet tne
House. In the Senate It waa referred to
the committee of which Longwortb. was
chairman. A day for the hearing was;
set and the disgusted author of the bill
wag asked to come over and speak for
his uncut melon. Longworth had the
windows and doors closed, then passed
around Turkish cigarettes. Even those
who had never smoked one took a "cof
fin tack" and lighted it. The. air was
thick In a few moments. Then came
the author of the reform measure, who
did not smoke. He tried to speak, but
there were so many interruptions that h
could not make any headway. Three or
(Concluded on Page 15.)