:
VOL. XLVI. XO. 14,433.
PORTLAND, OREGON, TUESDAY, MARCtl 12, 1907.
PRICE FIVE CENTS.
JEROME BLOCKED
AT EVERY POINT
Battle of Lawyers in
Trial of Thaw.
MRS. THAW'S STORY ATTACKED
Jerome Gets Evidence Before
Jury Indirectly.
OWN WORDS AGAINST HIM
Terms on Which Wife' 4 Story Was
Admitted Prove Bar to Attacks on
VeracityLongfellow Turns
the Tables Neatly.
NEW YORK. March U.-On the first
day of the state's case in rebuttal at the
Thaw trial, District Attorney Jerome to
day came to a temporary standstill
against the practically solid wall the
rules of evidence have built around the
etory of Evetyn Nesbit Thaw. Mr.
Jerome began to attack this story as soon
as court opened thls morning. There en
sued a well-nigh ceaseless battle be
tween the prosecutor ' and Delphin M.
Delmas, leading counsel for the defense,
at the end of which Justice Fitzgerald up
held the rule laid down at the beginning
of the trial that young Mrs. Thaw's
etory was admissible only as tending to
show the effect It might have had in
unbalancing the defendant's mind and
that Its truth or falsity is not material.
Mr. Jerome tried to avoid this rule by
declaring he . was endeavoring merely to
show by inference :by circumstantial evi
dence as to fact and details in the story
that Mrs. Thaw could not possibly have
told the story to her husband. Although
lie will doubtles8 be blocked by the same
rule when the time comes, it is said the
District Attorney may attempt in the
ame way to prove an alibi for Stanford
"White on the night he Is alleged to have
maltreated Miss Nesbit.
Day Spent in Argument.
Nine-tenths of today's session was
spent in argument and in nearly every
instance Mr. Delmas won his point as to
the law, while Mr. Jerome In the very
argument Itself has got before the jury
a perfect knowledge as to what his wit
nesses would have testified to had they
been permitted. The District Attorney
called three witnesses during the day, but
aside from drawing from the state's eye
witnesses to the tragedy the opinion that
Thaw seemed rational the nisht he shot
Stanford White, little real headway was
made.
Lining up all his forces In rebuttal,
Sir. Jerome decided to open his right by
attacking Evelyn Thaw's story. He
called Frederick W. Longfellow, formerly
an -attorney for Thaw, and asked him
concerning the case in which Ethel
Thomas is alleged to have sued Thaw for
damages because of cruel treatment, Mr.
' 'Delmas objected, but before Justice Fitz--gerald
sustained the objection and ruled
out the evidence, Mr. Jerome declared:
Girl Tied to Bedpost.
"The story of the girl tied to the bed
post and whipped by Thaw is the story of
Ethel Thomas. This poor girl is now
dead."
Then Mr. Delmas objected to the Dis
trict Attorney's remarks and the latter
began an attack along a different line.
He showed Mr. Longfellow the photo
graphic copy of the affidavit Evelyn
Nesbit is said to have signed in the of
fice of Hummel, alleging that Thaw treat
ed her cruelly while abroad in 1903, be
cause she "wouid not tell lies against
Stanford White." Mr. Jerome followed
this up by asking the witness if Mrs.
Thaw had not turned over to him certain
papers to which she had subscribed her
name.
Mr. Longfellow said she hnd. There
was a long argument between Mr. Jerome
and Mr. Delmas, at the conclusion of
which Mr. Longfellow turned his entire
examination to naught by declaring that
Mrs. Thaw had never shown him a paper
similar to the Hummel affidavit In any
way. The wttness was therefore excused
without examination.
Policeman in Quandary.
Police officers who saw Thaw the night
of the tragedy declared lie acted rational
ly. Captain Hodgins. of the "tender
loin" precinct, however, qualified his
answer to the question by saying: - "For
a man who had just committed murder.
Thaw acted rationally." This was strick
en out and he said:
"Well, his eyes had a stare and a gaze
such as they show as I now look at
them." This answer also was stricken
out and finally the captain declared:
"Well, he seemed more rational than
irrational and that's the best answer I
can give."
Many of the witnesses called by the
state during the presentation of the case
in chief were called today. All declared
Thaw seemed rational.
Jerome's Own Words Against Him.
.Mr. Jerome called Dr. Rudolph Witt
Iiaus, a chemist and expert in poisons.
The District Attorney framed a hypo
thetical question covering Evelyn Nes
btt'a description of her night with Stan
ford White In the Twenty-fourth street
studio, and asked If there was any
known poison which would cause Insensi
bility in two minutes and permit of -the
Quick: recovery: testified, to by Thaw's
wife. Around this vital point, opening up
as It did a path through which the prose
cutor could march his forces in attack
upon the truth or falsity of Mrs. Thaw's
story, the storm of argument raged for
an hour or more. Mr. Jerome pleaded
with Justice Fitzgerald at great length.
Mr. Delmas, in reply, cited Mr. Jerome's
own words at the beginning of the trial.
At that time the District Attorney had
the court instruct the Jury that young
Mrs. Thaw's testimony was permissible
only as tending to show what effect its
relations to Thaw may have had in un
seating his mind. The prosecutor further
said that under the rules of evidence he
would not be permitted to attack the
truth of the story.
"Now," said Mr. Delmas, in conclu
sion, "he Is attempting to do that very
thing."
Mr. Jerome said he was not attacking
the truth of the story. He was calling
for an expert opinion to the effect that
no .known drug would produce the effect
testified to by Mrs. Thaw.
"My question indicates the answer I
f v ' -V
NT
james Mccrear, president I renn-
sylvania Railroad. f
.
expect to get to this question," said Mr.
Jerome, "and If I can show there Is no
such poison in the world: if I can show,
in short, that there was no such oc
currence in the Twenty-fourth street
house studio as testified to, then it is for
the jury to infer whether or not Evelyn
Nesbit told her story to Thaw in Paris
in 1903."
Delmas Still Objecting.
Justice Fitzgerald sustained Mr. Delmas"
objection.
When late in the afternoon Mr. Jerome
called James C. Smith, a brother-in-law
of Stanford White, to the stand, another
long argument ensued. Mr. Smith was
on Madison-Square Roof Garden the night
of the tragedy. He knew Thaw and
spoke with him that evening. He said
Thaw stood In the aisle a moment after
reaching his seat, looking over the audi
ence intently.
Mr. Delmas objected, and this was
stricken out of the record. The attorney
for the defense also objected to Mr. Smith
testifying at all, saying he should have
been produced during the presentation
of the case in chief. Mr. Jerome said
Mr. Smith was In Europe when the state's
case first was presented. He threw him
self upon the discretion of the court, and
the matter was pending when adjourn
ment until tomorrow was ordered.
EVIDENCE FILTERS THROUGH
Its Course Blocked by Repeated Ob
jections From Delmas.
NEW YORK, March 11. The-first wit
ness called by Mr. Jerome today to give
rebuttal evidence in the case of Harry K.
Thaw was Frederick- W. Longfellow,, one
of the Thaw family attorneys, who was
called by the defense some- time ago to
identify certain letters which' Harry K.
Thaw wrote to him in 1903. Today Mr.
Jerome wanted him to identify a letter
handed him by Evelyn Nesbit Thaw upon
her arrival from Europe late in 13(6.
Mr. Longfellow, met Mrs.-Thaw at. the
ship when It docked, October 24. Mrs.
Thaw, upon the witness stand said she
could not flx the date or the name of the
steamer.
Mr. Longfellow said he had acted as
Thaw's attorney for some years prior to
June 25, 1906. .. . . . .
"Did you represent this defendant in
the suit of Ethel Thomas against Harry
K. Thaw?" asked Mr. Jerome.
Mr. Delmas objected, but Justice Fttz
gerald. ruled that the witness might an
swer yes or no.
"My firm handled the case," said Mr.
Longfellow
"Were the papers served on this de
fendant?" Again Mr. Delmas objected. Mr. Jerome
said the contention is that Thaw's mind
was unseated by his wife's revelation of
what Stanford White had done to her and
to other young women.
"It has been said that the alleged acts
of perversion by Stanford White added
to the fury of his mental unbalance. I
want to show that he knew all about such
things that they were set forth in the
complaint in the suit of Ethel Thomas,
the papers of which were served on him."
Mrs. Evelyn Thaw had testified that
she had been Bhown a copy of the Ethel
Thomas affidavit by Abraham Hummel,
who said the case had been dropped be
cause of the character of the complain
ant. Counsel Hare Warm Spat.
Mr. Delmas. replying to the District
Attorney's argument, quoted at some
length from Mr. Jerome's statement at
the beginning of the trial, when Evelyn
Thaw was upon the stand, that her tes
timony was permissible only as showing
Thaw's state of mind, and that he would
not be allowed to contradict it.
"We told him," said Mr.' Delmas, "we
would have no objection to his attacking
tne truin or tne wne g story.
"Now do you object?" snapped Jerome.
"Yes, because you would not accept our
oner to waive our right when the story
began, retorted Mr. Delmas.
Mr. Jerome declared that Mr. Delmas'
argument did not cover the point at issue.
It was the effect of Evelyn Nesbit's story
on Thaw's mind he was attempting to
contradict.
"I am not trying to show that Ethel
Thomas' accusations were true," said Mr.
Jerome.
"That would be a collateral fact Any
way, this poor girl is now dead "
Mr. Delmas objected to the reference to
Concluded on Pace .
7S:
I
3S-
m
HARD JOLTS FOR
RUEF.1N COURTS
Turned Down by State
and Federal Judges.
HABEAS CORPUS IS DENIED
Efforts to Restrain Judge
Dunne Come to Naught.
HENEY LEADS IN FIGHT
Rebuffed at Every Turn, Defense
Gasps for Time for - Further
Moves Ma yor Sen mi t z
In Court.
3AN FRANCISCO. Marph 1L This was
the most eventful, and for the defense,
the most disastrous day thus far .in- the
prosecution of alleged . municipal graft
In San Francisco. Its conclusion found
the chief figure against whom the efforts
of the District Attorney's office are di
rectedAbraham Ruef nearer by far
than he ever before bad been to actual
trial In Department 6 of the : Superior
Court, '.to delay which his attorneys have
been drawing upon all their resources
and bending all their energies. Among
the many and fast following incidents of
a day full of strenuous action and direct
results, the following were chief:
. The Supreme Court of California denied
Ruefs application for a writ of prohibi
tion to restrain Judge Dunne from pro
ceeding to try him on the grand jury ex
tortion Indictments. In , the Superior
courts. Judge Dehaven in the United
States District Court refused Ruefs peti
tion for a writ of habeas corpus, having
in view practically the same end, and
denied Ruef the right to appeal from his
decision.
Mayor Schmltz demanded a separate
trial, and his case was set for hearing
tomorrow, but to follow the trial of Ruef.
Big Crowd to See Ruef.
In charge of Elisor Biggy, Ruef ap
peared at 10 o'clock in Judge Dunne's de
partment of the Superior Court, where an
immense crowd was assembled, their in
terest aroused to a great pitch by Ut&
prospect of seeing the indicted political
boss actually brought to the bar in cus
tody. It was Ruefs first appearance In
public since he was declared by Judge
Dunne to be a fugitive from justice and
since his capture at Trocadero by the
court elisor, Detective Burns, and their
deputies.
Ruef was brought by automobile from
his prison chamber in the St. Francis
hotel, and the officers having charge of
MAYOR LANE PUTS THE
i J V----- " ul
j :
1 ( . .
1
i
"I believe," says Mayor-Harry Lane,
"In holding down the lid;
The very thing I promised when
Last time for votes X bid.
1 .. ........
him had to literally fight a passageway
through the dense crowd that packed the
corridors leading - to the courtroom in
Temple Israel, at California and "Webster
streets. - - -
Seated near Ruef" when court opened
was Mayor Schmitz, indicted by the grand
jury on five counts of extortion identical
with those brought by that body against
Ruef. Chief of Police Dinan, indicted for
perjury and conspiracy, occupied a seat in
the rear of the room.
Heney Opens Talkfest.
. The day's proceedings were opened by
Assistant District Attorney Heney with
& motion that Judge Dunne set aside the
acts of Superior Judge Hebbard by which
Ruef took an appeal to the Supreme
Court of the United States for the pur
pose of suspending . his trial by Judge
Dunne. This motion, after nearly, two
hours of heated argument by counsel, was
taken under consideration by the court,
in fairness td the defendant and In order
to gain the benefit of ,an Impending de
cision from the State Supreme Court
C. S. Mellen. President at Km York,
New Haven ft Hartford Kallroad.
Judge Dunne continued the hearing until
10 o'clock tomorrow morning. Ruers
counsel filed an affidavit 'of bias against
Judge Dunne and announced that tomor
row they will ask for a change of trial
judges. . - -
The latest development of the day came
in the United States District Court, where
Ruef. accompanied by Attorneys Ach and
Murphy, came before Judge Dehaven In
defense of his application for a writ of
habeas corpus. Mr. Heney and Special
Prosecutor Hiram Johnson were present
to oppose the issuance of the writ. The
courtroom In the postomee building was
crowded with spectators, among them
many of the best-known attorneys in the
city.
Ip the United States Court.
Mr. Heney read the sworn return of
W. J. Biggey as court elisor, and also a
lengthy affidavit, sworn to by Heney him
self, detailing the capture of the political
boss. He denied that ' Ruef had been or
now was In custody in violation of the
sixth or fourteenth amendments to the
Federal constitution, and pointed out that
(Concluded on Page 2.)
"LID" ON HIS REFRACTORY
HARRY'S HARMONY SONG
SSI f?z .Vj4
Here's Alex, Pat and Killfeather,
And others, too, by gum.
Now. tell me truly, don't you think
. That I am gro-ing- some?"
Li
FRAUD TRIO
LOSE ON APPEAL
Decision in Case of
Williamson, et al.
SUPREME COURT ONLY HOPE
Ex-Congressman, Biggs ; and
Van Gesner Fail in Plea. '
IN THE COURT OF APPEALS
Williamson's Appeal Dismissed, and
Biggs and Van Gesner's Writ of
Errors Overruled Last Two
in Shadow of Prison.
Thrice tried, finally convicted and fac
ing sentences of both fine and imprison
ment for complicity in the Oregon land
frauds. J. N. Williamson, ex-Congress-jaan.
Dr. Van Gesner and Marion Bigga
have met with an adverse ruling from
the Circuit Court of Appeals, sitting at
San Francisco. By a decision handed
down yesterday the Appellate Court con
firmed the conviction of Van Gesner and
Biggs, overruling the long writ of errors
that they had taken from the findings of
the lower tribunal. In the case of Will
iamson, the appeal was dismissed for the
reason that a similar appeal has been
taken to the Supreme Court of the United
States.
-. Although through a technicality the ap
peal of Williamson Is thus dismissed, the
decision is as clearly a victory for the
Government in his case as in the cases
of Van Gesner and Biggs. . The ex-Congressman's
appeal was taken upon, ex
actly the same grounds as those of his
co-conspirators. . In their cases the de
cision was absolutely adverse, which .Is
equivalent to an adverse decision in the
Williamson appeal, so far as the merits
of the case are concerned.
. Supreme Court Only Recourse.
The decision of the Court of Appeals
wipes out the possibility of Williamson's
case toeing considered on the merits of the
arguments. By denying his petition, he
is barred from - further proceedings In
the appellate court and his only recourse
now lies in the Supreme Court of the
land. , ,
On constitutional points alone William.
son must depend for any relief on the
Supreme Court. His appeal is taken
on the ground that the court did not have
a right to impose sentence upon him be
cause of : his membership In Congress.
This point the Government's attorneys
contend is baseless and will foresee that
It will be not allowed. If such action Is
taken Williamson will face imprisonment
DEMOCRATIC BRETHREN
and a. chapter in the Oregon land frauds
will be at an end.
Van Gesner and Biggs are now within
the very shadow of the bars. By the de
cision yesterday their last hope practically
vanishes. There are yet legal technical
ities that they can invoke which would
result to delay proceedings. They might
apply for a rehearing, but the present
decision practically overshadows defeat
for such a move. If the law is permitted
to take its course, these two defendants
will be confined within the walls of a Fed
eral prison before two months have
elapsed.
Convicted on Third Trial.
The case of Williamson, Van Gesner
and Biggs has been one of the most
closely followed in the entire history
of questionable operations in Govern
ment land. After two trials that re
sulted in disagreement of the juries,
the three men were convicted in Port
land, September 27, 1905, of suborning
perjury in connection with fraudulent
filings on lands. They were sen
tenced October 14, and last April all
J. F. Morgan. Who Arranged Ktlll
.road President's Conference With
President Roosevelt.
three entered writs of error before the
Circuit Court of Appeals, and it is
upon this action that the decisions
have now been rendered. One day af
ter appealing- to the Circuit Court,
Williamson entered similar proceedings
before the Supreme Court, alleging nis
constitutional right as a Congressman.
The decision from the Appellate
Court is a decisive victory for the case
of the Government and United States
District Attorney Bristol, who argued
the case in San Francisco last Winter.
The result of the decision is broad in
its scope, and is regarded by the attor
neys of the Government as establishing
a salutary precedent. It establishes
several points so clearly that it may
show the uselessness of appealing de-i
cislons on similar grounds in the fu
ture.
Van Gesner and Biggs were over
ruled on every count, of which about
130 were included in each 'writ of
error. One of the most important
points decided was the confirmation of
the Government's contention as to the
propriety of .its method of shoving the
subornation of perjurr. It was charged
that tne defendants had induced men
to file entries on land with the under
standing, that after title was secured
it should be turned over to the con
spirators. In proving this the defense
decleared that it would be necessary to
show that a formal agreement to this
effect Tiad been formulated. The Gov-
(Concluded on Page 3-).
CONTENTS TODAY'S PAPER
'-- The Weather. -
TEST ERD AY'S Maximum temperature, 4S
decrees; minimum, 37. t
TODAY'S Fair; westerly winds.'
" Foreign I '
Stolypln. promises not to dissolve Russian
Douma. Page 3. , ...
Russia and Germany . oppose disarmament
and Drago doctrine. Page 3.
.National. ,
Roosevelt agrees to hear appeal of railroad
presidents against anti-railroad agitation.
Page 1.
Cortelyou will stop leaks from Treasury De
partment and favors to Wall street. Page
Nicaragua accused of spying on - American
Minister. Page 5.
Description of new forest reserves. Page 8-
Politics.
Speaker Cannon makes speech to Porto Ri-
cans. Page 2. 1
Oklahoma to vote on prohibition. Page 2.
Domestic.
Jerome blocked at every point In attack on
Thaw's defense. Page 1.
Sorenson testifies against Harrlman. Page 3.
Haskln On Uncle Sam's love of flowers.
Page 2.
Mrs. Eddy's cousin says she is prisoner in
her own house. Page 4.
Riotous scenes In Louisville car strike. Page
5.
Sport.
Schaefer defeats Sutton on billiards. Page 7.
Latest scores at bowling congress. Page 7.
Portland, and Vicinity.
Lumber strike may spread to all mills on
Coast. Page 10.
Elks receive grand exalted ruler. Page 10. ,
Star witness for state in Nelson -Daniel son
murder trial turns to the defense and
tries to aid defendants. Page 10.
Present movement of Colonists Into Oregon
is without a parallel. Page 16.
Multnomah Club chooses boxers and wres
tlers for Spokane meets. Page T.
Pacific Coast.
Ruef meets rebuffs at every turn In state
and Federol Courts. Page 1.
Circuit Court of Appeals at San Francisco
renders decision adverse to Williamson.
Biggs and Van Gesner. convicted of land
fraud in Oregon. Page 1.
House appropriation bill at Olympia amounts
- to $4,680,000, Page 6. .
Ex-Railroad Commissioner McMillln returns
salary Legislature says he did not earn.
Page 6.
Commercial sad Marine.
Unsold stocks of growers hops in Oregon
listed. Page 17.
Government figures of farmers' wheat re
serves cause decline. Page 17.
No selling pressure in stock market. Page
17.
Man ah u Mam clear with the first grain
cargo Xor Maxell. Page 16,-
V r k - 1
jfej. . j, fir-til---
RAILROADS PLEAD
WITH ROOSEVELT
. WASHINGTON, MarcS 11. J. Pier
pont Morgan, of New York, was In
conference with President Koosevelt
for two hours today." 'The financier
came here at the request of certain
business men of New York to discuss
the business situation, particularly as
affecting; the railroads. He asked the
President to srrant an interview to four
railroad presidents, wuicb. request was
granted.
The object of Mr. Morgan's visit was
to urge the President to take some Ac
tion to allay the public anxiety now
threatening to obstruct railroad in
vestments and construction. Mr. Mor
gan pointed out to .the President that
the financial interests of the country
are greatly alarmed at the attitude of
the administration toward corpora
tions, particularly railroads.
. Will Receive Four Presidents.
At Mr. Morgan's earnest request the
President has agreed to have a confer
ence with four leading railroad presi
dents, Messrs. McCrea, of the Pennsyl
vania; Newman, of the New York Cen-
tral; Mellen, of the New York, New
Haven & Hartford, and Hughltt, Of the
Chicago & Northwestern, to determine
if some agreement can -be reached as
to the- relations between the railroads
and the administration. It is probable
that E. H. Harriman, head of the Harrl
man lines, may also participate in the
The article by Frederic J. Haskln - f
usually to be found in this column, Is t
published on page 2 this morning. I
conference, which, it is understood, will
take place at the White House some
time the latter part of this week.
'After boarding his train shortly af
ter midnight, to return to New York,
Mr. Morgan dictated, to the Associated
Press the following statement:
Morgan States Purpose.
"At the request of many business men,
before leaving for Europe, I came to
Washington to see the . President to
discuss the present business situation,
particularly as it affects the railroads.
I suggested to the President that It
would be greatly in the public Interest
If he would sec Mr. McCrea, Mr. New
man, Mr. Mellon .and Mr. Hughltt, and
confer with them as to what steps
might be taken to allay the public
anxiety now threatening to obstruct
railroad investments and construction
so much needed, and especially to allay
the public anxiety as to the relations
between the railroads and the Govern
ment. The President said he would be
glad to see the gentlemen named with
this end in view."
Roads Can't Borrow Money.
B. K. Yoakum, chairman of the board
of directors of the Chicago, Rock Is
land & Pacific Railroad, who had an
interview today with Mr. Roosevelt and
members of the Interstate Commerce
Commission 'regarding the railroad sit
uation, told Mr. Roosevelt that the leg
islation and agitation in various states
regarding two-cent fares and the re
duction in freight rat.es have made It
almost Impossible for the railroads to
negotiate loans on their securities. He
declared that "the railroad men are
willing that the supervision of the
railroads be centralized in the Na
tional Government."
"That," he added, "would restore
confidence and give the people to un
derstand that the railroads wish to
observe the laws, and it would stop
the hostile legislation in various
states."
PAID REBATE TO SUGAR TRUST
Trial of Lackawanna for This Crime
Is Begun.
NEW YORK, March 11. The trial of
the Delaware, Lackawanna & Western
Railroad, charged with granting rebates
on sugar shipments from Brooklyn to
Buffalo and points West, began today
before Judge Hough In the Federal Court.
Assistant United States District Attor
ney Wise, in his opening statement, said
he would show that the sugar company
got an advantage of one cent ,per 100
pounds during 1902, 1903 and 1904 over its
competitors on all sugar shipments to
Buffalo, and two cents per 100 pounds
on all shipments beyond that city, and
that the contract had been made with
the knowledge of President Truesdale and
other officials of the road.
Augustus P. Thompson, freight claim
agent of the road, testified that' he paid
all freight claims made upon the com
pany and produced a memorandum hand
ed him by P. J. Flynn, the general
freight traffic manager of the Lacka
wanna Company, statins that an extra
allowance on all sugar shipped over the
Delaware, Lackawanna & Western Rail
road should be paid to Lowell M. Palmer,
consisting of one cent per hundred on
all shipments to Buffalo and two cents
per hundred on all points west of that
city...
RAILROAD FIGHT IS MEXICO
Three American Lines Race for Ter
minus on Pacific.
EL PASO. Texas, March 11. One of the
greatest fights in the history of Western
railroading is now on between the Rock
Island,' the Southern Pacific and the
Orient. The three roads are fighting to
get ' a - terminus on the coast of Mexico.
The first in the rich territory of Western
Mexico was the Kansas City, Mexico &
Orient to Guadalajara. Then the South
ern Pacific built along Yaqul River Into
Cananea. Now the Rock Island, since
the visit of Its stockholders to the Mexi
can Pacific Coast last October, has com
pleted the survey and put 600 men to
work on aji extension of Its Naeozar,
Sonora, branch to Guaymas, which parai-
.iels the Southern Pacific line,