Morning Oregonian. (Portland, Or.) 1861-1937, March 13, 1907, Image 1

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    VOL.. XL VI 0. 14,434.
PORTLAND, OREGON, WEDNESDAY, MARCH 13, 1907.
PRICE FIVE CENTS.
STRIVES TO SEND
THAW TO DEATH
Jerome Offers Proof of
UUIIUCI dllUII.
ALSO THAT HE WAS RATIONAL
White's Brother-in-Law De
tails Conversation.
ALIBI FOR WHITE OFFERED
prosecutor Plays Strongest Card,
Dcttpite Delmas' Violent Opposi
tion Not Allowed to Attack
' Sirs. Thaw's Story.
NEW YORK, March 12.-The end of the
Thaw trial at last seem3 to be iu sight.
Tentative plans for the final stages of
the trial were agreed upon today by
counsel, even to the detail of aliening the
time for the summing up. District At
torney Jerome has at last burned be
hind him all bridges leading to a lunacy
commission and is irrevocably pointing
his course to proving that Thaw was
sane when he shot Stanford White and
that, being sane, his crime constituted
murder in the first degree. Within three
days or two weeks the case should be
in the Jury's hands.
Jerome Plays Strongest Card.
Mr. Jerome played today probably the
strongest card he holds evidence which
came to his knowledge but a few days
ego and which undoubtely caused him to
abandon the idea of trying to send
White's slayer to a mad house and to
try for a straight out conviction under
the criminal statutes. The evidence came
from Mrs. Stanford White's brother,
James C. Smith, who told a remarkably
clear, succinct story of the events at
Madison-Square Garden the night White
iwaa killed and of a long conversation
he had with Thaw just before the shoot
ing. ' ' '
Mr. Delmas. for the defense, bitterly
fought the introduction of this testimony
or nearly two hours today, renewing his
argument, begun yesterday afternoon. He
declared Mr. Smith was properly a
.witness In chief and should not be
allowed to testify in rebuttal.
Mr. Jerome replied that he had known
only for a few days the real valuo of
"Mr. Smith's testimony-the conversation
iwith Thaw and he appealed to the dis
cretion of the court to allow tho testi
mony to go in.
Justice Fitzgerald held that in the
interest of justice the jury was entitled
ito all the facts. It was one of the most
eerious blows the judge had dealt the
defense since the trial began.
White's Photographer Testifies. j
As the last witness of the day the DIs- !
trict Attorney called Rudolph Bckmeyer,
the photographer who took the pictures
of Evelyn Nesbit Thaw which have been
Introduced in evidence. The photographer
was employed by Stanford White. He
had no sooner been sworn than it de
veloped that Eckmeyer had also been em
ployed by White to make the photo
graphic copy of the affidavit Evelyn Nes
bit is said to have made in Abraham
Hummel's office. Mr. Eckmeyer identified
the negatives made from the affidavits,
but they were not offered in evidence.
Mr. Jerome next tried to get the photog
rapher to. fix the dates of certain pictures
for which Evelyn Nesbit posed, hoping
thus to establish the day she says she
had the experience with Stanford White
In the Twenty-fourth street house.
Mr. Delmas objected on the ground that
the evidence tended to contradict Mrs.
Thaw's story and was not permissible.
Mr. Jerome said he desired to take ad
vantage of the waiver Mr. Delmas had
made at the beginning of the trial in re
gard to rebutting Mrs. Thaw's story.
Offers to Disprove Studio Story.
"If you will let me fix the date of these
pictures," he said heatedly. "T will show
that on the night following the day they
were taken, when Mrs. Thaw says she
was ruined by White, she was not in the
Twenty-fourth street house at all."
Mr. Jerome fairly shouted the last words
and pounded the table before him. Mr.
Delmas said he must stand upon his ob
jection and it was sustained. He then
moved that the District Attorney's "Im
proper remarks, to which he has given
much emphasis of voice and gesture," be
stricken from the records.
Mr. Jerome retorted by asking the court
to Instruct the Jury that the alleged
ravishment or nonravlshment of Evelyn
Nesbit had nothing to do with the case.
Justice Fltsgerald admonished the Jurors
to pay no attention to the remarks ad
dressed to the court and to confine them
selves strictly to the evidence.
Beginning of End Today.
It was after this conflict that the agree
ment ag to the closing stages was
reached. Mr. Jerome said he would In
troduce as witnesses tomorrow Abraham
Hummel and his stenographer. Then he
would conclude the state's case with the
testimony of three experts Drs. Austin
Flint, HarolB McDonald and William Ma
bon. It was agreed that after the de
fense has put In its case in sur-rebuttal
each aide shall have one clear day for
fie summing up. Then will follow the
charge of the court and the consideration
of the evidence by the jury.
SMITH'S STORY OF SHOOTING
White's ; Brother-in-Law- Testifies
After Long Argument.
NEW YORK, March 12. j. C. -Smith,
a brother-in-law of Stanford White, was
recalled to the stand today in the Thaw
trial, when the argument as to the ad
missibility of lls testimony was resumed.
Mr. Delmas said that the matter was
one of the greatest importance to the de
fendant and thought the 'defense was en
titled to a fuller explanation of Mr. Jer
ome's, grounds for his-application.
Mr. Jerome said he was willing to go
into the whole story and tell all the facts.
"Mr. .Hartridge .and I have talked the
matter over and I think we are in- entire
accord as to the main facts," he said.
"When this matter is discussed In
court,'" broke iti' Mr." Delmas, "it will be
discussed with me."
"I don't know whether it will or not,"
The Late M. f'anlmlr-Perler, El
PresUIrnt of France.
replied Mr. Jerome. "Mr. Hartridge Is
the attorney of record."
After a little sparring Mr. Delmas re
sumed his seat and Mr. Jerome began to
detail ail the facts regarding the delay in
bringing Thaw to trial and the steps
taken by both sides to secure an imme,
diate trial and to obtain certain testimony
by commission, Mr. Hartridge occasional
ly interrupting to correct the District
Attorney in details of the story.
After completing the narration of what
had happened between the time of the
homicide and the trial, Mr. Jerome said:
"I will now present to your honor the
legal basis for my request."
Another Sparring Match.
"I don't understand what the learned
District Attorney means' by legal basis,"
said Mr. Delmas; "his language is not
clear." .
"Mr! Delmas will have to pardon my
lack of experience and education and my
Inability to make myself clear in the
English language." said Mr. Jerome. "By
legal basis, I mean' the statutes and the
laws in the case."
"My understanding of the term is not
the same," said Mr. Delmas, "and I see
no reason for the District Attorney's
petty sarcasm and Joss of temper."
"Spoke more In sorrow than in anger,"
replied Mr. ' Jerome, and the argument
ended in a general laugh.
Mr. Delmas, however, precipitated fur
ther conflict ' with the District Attorney
by calling attention to the fact that Mr.
Jerome had so definitely fixed the date
of Smith's departure for Europe.
"I want to caution the District Attor
ney," continued Mr. Delmas.
"I need no caution, no Information from
the counsel," rejoined Mr. Jerome.
"No." said Mr. Delmas. "and I am not
willing to undertake the arduous task of
imparting any information to the learned
District Attorney."
Justice Fitzgerald here interrupted to
say he was ready to rule on the point at
issue.
Mr. Delmas requested 15 minutes in or
der to consider witli the associate counsel
and the time was ' granted and a recess
was ordered. '
Can Prove First Degree Murder. '
After the recess Mr. Delmas stated that
subpoenas were Issued from the - District
Attorney's office for witnesses first in
October, then in November, and flnally
on December 3. This fact, Mr. Delmas
declared, showed that the District Attor-
(Concluded on Page 4.)
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."xii
a mm I
, .... t ......... I ..... , .. r t . I . t , ' i
t IT'S DIFFERENT NOW ! j
I ONCK UPON A TIME THE RAILBOAD8 TREATED COMPLAINTS THUS. 'BUT NOW THE TABLES ABE TURNED I
. J
GREAT GRAFT IN
GAT ON
IK
Officials, and Contrac
tors. Suspected. .'
BOISE GRAND JURY TO INQUIRE
Garfield Has Affidavits Involv
ing the Guilty.
POINTERS GIVEN FAVORITES.
Clique Which Stands in Buys Up
Land to Be Irrigated.-.ComiuLs-sion
on Machinery Outside
Contractors' Frozen Out. .'
GRAND JURY IS WAITING.
BOISE. Idaho, March 12. (Spe
cial.) The United States Grand Jury
practically did nothing today. The
members seem to be awaiting the
arrival of witnesses. Nothing further
has been learned respecting the plans
of ' the Government, but ' everything
seems to .point toward a thorough in
vestigation of iand matters In the I,ew
inton country. Numerous Inspectors
are here, but all are reticent, as are
law officers. It is probable something
will leak out when the witnesses be-
' gin to be examined, but only three
are here so far. Others are under
stood to be on' their way from the
North.
' BOISE, ' Idaho, March - 12. (Special.)
Evidence of graft in the arid land Recla
mation Service of the Government has
been discovered and is now in possession
of the Department of the Interior at
Washington. Action looking toward a
number of Indictments is anticipated. The
principal evidence, so far as disclosed
here, relates to grafts In Idaho; but it is
said that similar -conditions' exist through
out the service and that officials in near
ly all the Western states where irrigation
work is In progress will have to. answer.
The Federal grand Jury, now in session
here,, will probably take the matter up, so
far as this state is affected, if the new
Secretary of the Interior. James K. Gar
field, says, the .word, and decides to fur
nish the evidence now in his possession.
Agents of the department have been con
ducting an investigation for some time.
Their discoveries in Idaho are said to
typify conditions in other places, and a
reorganization of the department is said
to be in prospect.
Officials and Contractors Stand In.
The charges in general are that engi
neers and other officials of the depart
ment are "standing in" with favored
contractors in' some instances, and in
other Instances have thrown out bids in
order to make commissions on the pur
chase of machinery by the Government
and to profit In other ways.
In Idaho the Boise-Payette irrigation
project has been under special scrutiny.
Supervising Engineer D. W. Ross and
Consulting Engineer F. C. Home are in
direct charge of the work, reporting to
superiors in Washington.
Evidence has been secured bearing on
the relations of the contracting firm of
Hubbard & Carlson, having headquarters
at Boise, with certain department offi
cials. It is charged in affidavits now on
file that this firm has received many spe
cial favors and explanation has been
pasked of the reason for this.
The affidavits now on file with the
Secretary of . the Interior also . make
charges that certain ' persons ' have been
favored with advance "inside" informa
tion as to Irrigation projects, whereby
they have been able to speculate on the
land to be benefited.
. One instance is cited wherein the Gov
ernment engineers pretended to favor one
propect, giving out newspaper interviews
to this effect, while the clique on the in
side was picking up land which would be
helped by another project. When the
clique had secured the land it wanted, the
Interior Department officials changed
front and decided in favor' of the other
project. A life insurance 'company in' one
of the Middle States is declared to have
profited $125,000 by. this transaction.
. Outside Contractors Harrassed.
. The affidavits de'al with the harassing
of contractors who were 'not "on the
play," so as to freeze them out and give
a monopoly to the elect who were favored
by "extras" and in other" ways. It is
declared that capable and honest engi
neers who stood in the way of the gfarts
were removed or transferred where they
would not prevent the carrying out of the
schemes. I
It Is understood here that the work In
Utah, Nevada and other Western states
has been under Investigation with gener
al reference to commissions on purchase
of machinery. In Idaho much evidence
has been collected as to discriminations
between various contractors. This evi
dence has been given to Washington.
MAY IXVOLVE' PORTLAND MEN
Local Capitalists Have Advanced
. Money for Idaho Project.
LEWI3TOX, Idaho. March 12. (Special.)
(Concluded en Pare 4.)
CONTENTS TODAY'S PAPER
Foreign.
Explosion wrecks . French fcattlship Jen,
and kills large number of crew. Page 3.
Russian monarchists set trap which Demo
crats dodge. Page 4.
Nlcaraguans Buffer great defeat. Page 4.
Death of cx-Presldent Casstmtr Perler.
Page 12. '
National.
RoosM-eit tells Otllette legislation by Call
fornia will - prevent Japanese exclusion.
Page 2.
Roosevelt restores coal lend to ' entry.
Tage 2. '
Politics.
Hearst will run Independent tickets in New
Tork and abandon union with Democrats,
Tage 5.
Domestic.
Jerome gets damaging evidence against
Thaw. Page 1. ,
Haskln, on American additions to English
language. Page 1.
Hitchcock testifies against Hermann. Page 2.
Opposition to Cigar Trust coming to Port
. land. Page 2.
Wisconsin professor adrocates race-suicide
Page 4. v
Industrial Workers accused of conspiracy at
Goldfield. Page ;
Hill discusses Government ownership of rail
roads. Page p.
Stickney predicts ' panic a result of anti
railroad agitation. Page 5.
Sport.
World's rcord broken at Bowling Congress.
Page 7. '
Pacinc Coast. ;
Abe Ruefs trial may begin today. Page 1.
Olympla so Ions break record and pass ap
propriation, apportionment and primary
bills. Page 6.
Gigantic Land frauds in Idaho may Involve
Portland men. Page 6.
Grants Pass holds promotion rally and raises
S2000. Page 7.
Commercial and Marine.
Local wheat market advances. Page 17.
Green bug scare spreads. Page 17.
Wall street hopeful for good results from
White House conference. Page 17.
Steamers of Oceanic Steamship Company
probably sold to Japanese. Page 16.
Portland and Vicinity.
Peter Garrets, ex-newsboy, shoots three
men; Anton Grohs and James Hfgley, two
of his victims, may be fatally Injured.
Page 10.
Mrs. Almfra C. Warren claims dower rights
to Portland property worth $500,000.
Page 12.
Ht! Hood Railway & Power Company will
spend $6,000,000 on power plants and elec
tric railroad. Page 16.
Columbia Southern Irrigating Company de
nies deceiving settlers. Page 10.
Mlllhands plan to take first step today
toward paraly zl ng lumber Industry of
Coast, Page 10.
Lindgren murder case may go to Jury to
day. Page 12. .
Company will be formed to manufacture
cars on the Peninsula. Page 11.
MAY BEGIN TRIAL
BOSS RUEF TODAY
Heney Confident Noth
ing Will Interfere
PRISONER IS DENIED RAIL
Elisor Biggy Keeps Closer
Guard on His Charge.
STOPS VISITS OF FRIENDS
Xobody but His Counsel and Imme
diate Family Permitted to Visit .
Him Lawyers Plead In Vain
for More Libert ies.
SAN FRANCISCO, March 12. It the
expectation of Assistant District At
torney Heney Is realized, the impanel
ing of a jury to try Abraham Ruef for
extortion will begin In Judge Dunne's
Department of the Superior Court to
morrow. Ruefs application for bail was today
refused by Judge Dunne, and his coun
sel then applied for this relief to the
state Supreme Court asking there for
a writ of habeas corpus. The Chief
Justice, however, said late this even
ing to a representative of the Associ
ated Press "that It is not at all likely
that action will he taken in the matter
before xhursday."
Dunne' Alone Can Cause Delay.
"I know of but one happening that
could futher delay the bringing of Ruef
to trial before Judge Dunne.", said Mr.
Heney tonight.
"And that Is a remote possibility.
I mean that If Judge Dunne, after we
have answered, in court tomorrow
morning the affidavits of bias and pre
judice tiled against him by the defense,
should decide that the defense had
made out Its case and declare him
self to be an unfair Judge to try Ruef,
then a change of trial judges .would
be granted and delay would ensue. .
From the Inception of this case
freedom from bias and it would be
unfortunate for the people and for
justice if this were taken out of his
hands by any turn of events."
An important move was made today
by the prosecution. They served no
tice on the Supreme Court of the
United States of a motion to docket
and dismiss Ruefs appeal for a writ
of error to prohibit Judge Dunne from
any futher hearing 'of the Ruef case
under the. five indictments returned by
the grand jury. This appeal has not
been preferred by Ruefs attorneys,
who have sixty days in which to do so.
Ruef More Closely Guarded.
The prosecution itself has perfected
Ruefs appeal and today notified the Su
preme Court at Washington that on
March 25, Attorney F. McKenney of that
city, will move the court to docket and
dismiss the appeal on the ground that the
record shows on .its face that no Federal
question is involved that it was done for
the purpose of delay, solely.
It became known today that since the
action of Judge DeHaven yesterday in
the United States District Court, denying
Ruefs application for admittance to bail
by habeas corpus, and denying his right
to appeal, Ruef has been much more close
ly and carefully guarded in the hotel by
Elisor Biggy and his deputies. He is now
allowed to see only his attorneys and his
immediate family.
Shortly after the rendering of Judge
DeHaven's decision, the elisor 'visited the
office of . Mr. .Heney' and informed him
that he feared an attempt to rescue Ruef
by force, and that he considered it would
be the part of prudence to guard him
more strongly.
Feared They Would Use Force.
"Would I be justified." asked. Bigg-, "in
refusing; to allow, any one to see Ruef
other than his attorneys and his imme
diate family? - . ! -
"I told him,' said Mr. Hjenry. '"that he
certainly rwould be justified in taking that
step'and.he took it."
'Last night, when, the order had gone
intq effect. Attorneys Ach and Farrell, of
Counsel for Ruef, hunted up Judge Dunne
at one' of 'the' theaters and complained
that Elisor Biggy would not allow Ruef to
be seen.
"Won't he permit you, his attorneys, to
see him?"" questioned Judge Dunne.
"Yes." they replied, "Biggy says his
counsel ana the members of the family
can' come into the room, but he refuses en-
E. IV. Rons. Washington Land Cotn
- missioner. Completely Vindicated
From Charge of Improper Manage
ment of His Office.
trance to everybody else. We'd like an
order from you- to the contrary.'
' "1 cannot do anything for you, gentle
men," said Judge Dunne. - "I approve the
action of the elisor."
Mr. Heney stated to an Associated Press
representative that Ruef would be re
moved from the comparatively luxurious
quarters In the St. Francis "as soon as
another place more suitable to the con
finement of the prisoner can be fur
nished." WANT NO SUNDAY. CLOSING
British ' Columbia Will Jfot Obey
' ,
Dominion Blue Laws.
VICTORIA, B. C. March 12. An early
test is to be made of the feeling of the
British Columbia Legislature as to the
advisability, of enforcing In this province
the. Dominion of Canada Lord's Day act,
passed at the last session of the federal
House. The opinion appears to be general
tnat the local legislature will not agree
that prosecutions under this statute would
be opportune at the present Juncture, or
in accord with public feeling throughout
British Columbia.
By the provisions of the act it becomes
operative from the 1st of March instant.
Full responsibility for enforcement ' is,
however, evaded by the federal Parlia
ment in a provision that no prosecutions
under this new statute may be initiated
without the concurrence of the Provincial
Attorney-General.
Had the act not included the sunDres.
slon of Sunday morning newspapers, H is
altogether probable that enforcement
would have followed its coming into force
without protest. The press has, however,
led 'in practical opposition, and the atti.
tude of organized labor, of numerous
municipal bodies, and of the representa.
tives of the mining, lumbering, smelter-
ing and transportation interests is strong,
ly against enforcement.
Sold Bronze Tablet for Junk.
NEW. YORK, March 12 Albert Boh-
man, 19 years old, was convicted yes
terday in Queens County Court of steal
ing the bronze tablet from the Slocum
monument, in the Lutheran cemetery,
November 9, 1906. Three other youths
are under arrest for complicity in the
robbery. The testimony brought out
yesterday was that the thieves, stripped
the tablet from, the monument with a
pick, buried it for the night and the
next morning broke It into small bits
and disfigured It further ' with Are.
They sold the fragments to a Junkman
for J14.30.
t z. ' X
V5?Y
' ? ? i - It
P - v,'
AMERICAN
flu
E AS NEEDED
How They Enrich the
English Language.
UNCLE SAM MEAT INSPECTOR
Tammany Name Given Imag
inary Saint in Jest.
SKEDADDLE AND SKIDOO
"Twenty-three" Borrowed From
Dickens Elbrldgc Gerry Father
of Gerrymander Congressman
Who Talked to Bunco me.
1
BY FREDERIC J. HASKIN.
WASHINGTON. March ".(Special
Correspondence.) The manufacturing in
stinct of the American has not been
confined to the material things of life.
When he has needed a word, he has
made it. just as he has invariably
made other things that he. wanted.
Sometimes he grafted the bud of his
thought on to some foreign stem, some
times he took foreign words and ac
climated them, and sometimes he evi
denced a .glorious amount of indepen
dence and made his words, as the world
was made, "out of nothing."
Have you ever heard the reason why
the American Government is called
"Uncle Sam?" It was because one
Samuel Wilson, Government inspector
of beef and pork at Troy, N. T., in
1812, had a way of marking his barrels
with his own Initials and "C. S.," mean
ing United States. A workman who
was something of a wag saw the let
ters, and facetiously remarked that he
supposed they stood for "Uncle Sam."
The joke was retold and retold until it
became a common saying, and the Gen
eral Government has been so nick
named for nearly a hnndred years.
Over a century ago the United States
was also known to England and other -foreign
countries as "Brother Jona
than." Why? Because George Wash
ington was very greatly Influenced by
the opinions of Jonathan Turnbull and
had a way of saying, "Well, I musl
consult Brother Jonathan,' before he
made decisions. The term became local
and then drifted to its general use.
Tammany American Saint.
, Tammany, the name adopted ' by a
Democratic club in New York in 1871,
had been used for nearly a hundred
years. It was the angliclzatton of the
name of wise old Tamane, an Indian
chief who lived in Pennsylvania and
whose name had been borrowed by Con
tinental troops when they were casting
about for an American saint to flaunt
in the face of the British enemy who
had "St. George" on their banners.
When the Pennsylvania troops ac
claimed "St. Tamanend," many other
colonials took it up and he appeared
later in all American almanacs in the
form of bis canonization. . A day was
even set apart as "Indian Saint's. Day."
He was recognized in half jest aB the
"tutelar saint of the American col
onies." The Virginia Gazette of May 3,
1774, contains an account of a celebra
tion in honor of the fine old chief who
afterwards lent his .name to the political
club that now immortalizes him.
"Skedaddle" was bequeathed to the
American vocabulary by a war-correspondent
from the London Times, who
came over to report the Battle of Bull
Run. He watched the very hurried and
undignified manner in which the Union
soldiers left the field, and applied to
this rout the term "skedaddle." It was a
catchy kind of word and, though its
origin is traced to a dignified position
in the old Irish Bible, it retains the
popularity given it in its new meaning.
An offshoot of this word Is the now
popular "skidoo." ' '
Origin of "Twenty-three."
The true story of the origin of the
slang use of "twenty-three" is a clas
sic, or at. least a" near-classic. It came
from the, works of Charles Dickens. In
"the Tale of Two Cities" the hero takes
the place .of another man condemned to
die under the knife of the guillotine.
About the dreadru place sit terrl'ole
women, knitting a record of the num
ber "of lives sacrificed to the sharp
blade. As , Sidney Carlton's . head rolls
from: the knife to .the basket, the
women knit "twenty-three." Mr.
Dickens makes a sentence, a paragraph,
of that word with great' dramatic effect.
When the story of the book was staged
under the-, title 'The Only Way," tra
actors took up the use of "twenty
three"' to Indicate .that the story was
done,' that the play was over, that it
was the end of things. The stagehands
took it up, and after awhile it was com
mon property. . Like many other bits
of slang,' it was in general use in the
West, for a year ' before Manhattan
adopted it. Those who desire further
information should read the last chap
ter of "The Talo of Two Cities." '
Elbridge Gerry of Massachusetts re
districted the state to his own advan
tage In 1811 and, when some one looked
at the new district and remarked that
it looked for all the world like a sala
mander, someone else replied: "Better
say a Gerry-mander." And so the name
was born, and has been kept to repre
sent all such political redisricting.
Borghese, a very corrupt gentleman
(Concluded on Page 2.)
k