f
VOL. XL.VI. NO. 14,436.
PORTLAND, OREGON, FRIDAY, MARCH 15, 1907.
PRICE FIVE CENTS.
i
T STAMPEDE
THE PRESIDENT
He Will Make Railroads
Obey the Law.
NO RADICAL ATTACK INTENDED
Priming Himself With Argu
ment for Conference.
STANDS BY HIS MESSAGE
Rooserelt Will Meet Railroad Presi
dent Next Week and Answer the
Pica for Change of Policy.
Relieves Money Market'
WASHINGTON, March 14. For more
than 48 hours the White House and Treas
ury Department have been flooded with
appeals for President Roosevelt and Sec
retary Cortelyou to take tome action to
avert the "threatened disaster" In the
financial and railroad world. It can be
stated authoritatively, however, that the
President will not change his attitude
toward the railroads, though It is admit
ted that the Administration has no Inten
tion of entering on any extremely radical
attack on the railway corporations.
While it is known that the visit of J.
Plerpont Morgan to the White House last
Monday night to induce the President to
Issue a reassuring statement to the coun
try In regard to the Administration's at
titude toward the railroads, and the ap
parent failure of the financier's appeal
had much to do with the panicky condi
tions that swept over Wall street today,
Mr. Roosevelt, has .repeatedly said that he
Is not an enemy of the railroads and that
those that obey the laws have nothing
to fear from the Government. While It
has iot been, definitely, decided, .the Pres
ident may Issue a statement outlining his
attitude after he has conferred with
President; McCrea, Newman. Mellen and
Hug.iltt on the railroad situation.
Will Confer Next Week.
The conference with the four railroad
magnates, which was granted! by the
President at the earnest request of Mr.
Morgan, will be held early next week.
It Is generally understood by those close
to the President that the railway officials
will urge Mr. Roosevelt to take some
steps "to allay the public anxiety now
threatening to obstruct railroad Invest
ments and construction and as to the
relations between the railways and the
Government."
Since Mr. Morgan's hurried trip to the
White House the President has held nu
merous conferences with Chairman Knapp
and members of. the Interstate Commerce
Commission, In order that he may be In
a better position to present the Adminis
tration's side of the question when he
meets the railroad presidents next week.
The Administration Is firmly convinced
that the great unrest in financial circles
has been brought on by the arguments
advanced by the railroad interests In try
ing to prevent "hostile legislation" In the
various states, and not by the attitude
that the Federal Government has taken to
enforce the laws regulating the common
carriers. B. H Harrlman. when he was
In this city recently, and President A. B.
Stlckney. of the Chicago-Great Western,
who called at the White House today,
have expressed the same opinion.
Roosevelt Priming Himself.
In his interviews with the members of
the Interstate commerce Commission, the
President Is fortifying himself with re
gard to all the facts that body has dis
closed during Its various investigations.
In this way he will, be able to meet them,
argument with argument and fact for
fact-
The President, It a known, takes the
safe position assumed when he sent his
message to Congress last December and
cailed attention to the fact that "during
the last five months." within which the
new (aw Is operative, "the railroads have
shown increased earnings and some of
them unusual dividends." This, the Presi
dent believes, refutes the claims of the
railways at the time that the new law
would ruin them, and emphasizes the
fact that rate legislation, either by Fed
eral or state Governments, is not the
cause of the present panicky conditions.
Lani Should Be Stronger.
The President, too, has referred signifi-i
cantly to another part of his message in
which he said, "It must not be sup
posed, however, that with the passage of
these laws It will be possible to stop pro
gress along the line of Increasing the
power of the National Government over
the use of capital In Interstate com
merce.' In pointing out these and other pass
ages from his recent message, to those
with whom he has talked, the President
has Indicated that he has aken no back
ward steps In his views as to the ad
visability of making the regulations and
laws still stronger along certain lines.
Relief for Money Market.
Although believing that the conditions
In New York are due to nothing for
which the administration Is responsible,
the President believes he has done every
thing that can consistently be done to
give relief to the money market. The
order Issued by Secretary cortelyou yes
, terday, followed by the order of today,
prevents the withdrawal of large sums
CAN
belonging to the Government and provides
the way for the use of additional funds
in Wall street. The first order put a
quietus on the rumor that the Treasury
was to withdraw immediately the addi
tional deposits put in the banks last
October, amounting to J30.000.000. Today
Mr. Cortelyou Issued an order that the
118,000,000" of additional currency taken
out by the National banks could be held
by them without substituting Federal for
state and other bonds with which It Is
now secured. This, it is pointed out,
will prevent a sharp demand for Gov
ernment bonds for deposit as security.
Deposit $1,000,000 a Day.
Another step which will put about $1.
000,000 a day Into circulation Is the de
posit of customs receipts in the deposi
taries, as provided under the new cur
rency act. The Secretary also has noti
fied bondholders that he will redeem with
interest to July 1. when they will mature,
any bonds of the 4 per cent funded loan
r I
U ' Iff
' 'Ail
iff cr c
Jesse L. Jones. President of the
Washington Senate.
of 1107 to an amount not exceeding 523,
000.0U0. These bonds may be presented at
WILL DECIDE OX CONFERENCE
Railroad Presidents to Meet and Ar
range Trip to Washington.
NEW YORK, March 14. It was stated
In New York railroad circles tonight that
the presidents of several trunk-line roads
will- probably decide tomorrow upon their
plans for a trip to Washington to con
sider the situation with President Roose
velt. President McCrea, of the Pennsyl
vania, and President Mellen, of the New
York, New Haven & Hartford, were In
New York today, but returned to their
homes. . President Hughllt. of the North
western, is In Chicago, but is expected to
leave for New York some time tomorrow.
President Newman, of the New York Cen
tral, has not yet gone to Washington.
It was said that there had been an in
terchange of communications among the
presidents relative to the trip, and that,
though it was not decided upon posi
tively, probably they would see the Pres
ident. The President. It was said, had not sent
a formal invitation, and there seemed to
be some doubt as to whether to expect
one. Mr. Morgan, it was stated, had not
made the point quite clear to them before
leaving for Europe.
WITHDRAWN FROM FOREST
Large Area In Pend d'OreiIIe Moun
tains Open to Settlers.
ORBOONIAN NEWS BUREAU. Wash
ington, March 14. The forest. Service has
received notice that 372.000 acres of land
In Stevens County, Wash., have been re
leased from temporary withdrawal. This
land lies between the Pend d'Orellle River
on the east and the Colville and Colum
bia rivers on the west. It is principally
unsurveyed and mountainous. The area
was originally withdrawn pending ex
amination to determine suitability for ad
dition to the Priest-River National Forest.
Its release was recommended by the
Forester because of numerous protests by
settlers against its reservation and be
cause protection of the watersheds was
not necessary In order to conserve any
streams used for Irrigation purposes. Re
ports of examiners show that it Is chiefly
a brush land area much- burned over,
though a small proportion is timbered.
The released land will be subject to set
tlement for 90 days before becoming sub
ject to entry.
Northwest Postal Affairs.
OREGON1AN NEWS BUREAU. Wash
ington. March 14. Postmasters appointed:
Oregon Hamilton, Burton M. Howell,
vice James T. Lewis, resigned.
Washington Snowden. Alice Sutton,
vice F. W. Lllley, resigned.
Rural carriers appointed: Oregon
Newberg, route 3, Isaac E. Holt carrier,
John D. Crater substitute; Scappoose,
route 1, Gustav Tetz carrier, Rudolph
Tets substitute; The Dalles, route 1. Wil
liam G. Obrist carrier, Charles L. Obrist
substitute.
GOES OFF WITHOUT. HITCH
Lynching of Negro Brutes Carried
Out in Artistic Style.
NI'TW ORLEANS. March 15. A special
to the Picayune from Monroe, ta., says
Flint Williams and Henry Gardner, two
young negroes, were taken from the City
Jail about 1 oclock and hanged in the
Courthouse square by a party of about 50
men.
Gardner confessed to having entered the
room of Miss Jessie Bump us about 3
o'clock this morning.
The whole affair was planned after the
capture and confession of the negroes to
day, and was carried out without a hitch.
CAN'T AGREE ON REBATING
Hung Jury in Lackawanna Case for
Favoring Sugar Trust.
NEW YORK. March 14. After a
half day's consideration - of the evi
dence, the jury in the criminal branch
of the United States Circuit Court re
ported today that it could not agree
on a verdict In the Delaware, Lacka
wanna & Western rebating case. Judge
Holt immediately discharged the jury.
DLYMPU SESSION
COMES TO ra
Washington Solons
Make Good Record.
IMPORTANT BILLS PASSED
Party Pledges Have Been R$r
deemed by the Legislators.
INCREASE' STATE REVENUE
Total of 26 7 Bills Sent to the Gov
ernor All State Institutions Are
Given Liberal Appropriations.
Money to Open River.
OLYMPIA. Wash., March 14. (Special.)
Washington's 10th Legislature actually
quit work at noon, but remained in ses
sion till late this evening, to enable the
clerks tq enroll passed bills which had
to be completed before final adjournment
was taken. In all this session. In the
House, 502 bills were introduced, and in
the Senate 323. The Senate passed 176
bills, of which 111 have passed the House,
and the House passed 208 of its, bills,
of which 156 passed the Senate. A total
of 267 bills passed this session, of which
168 have been signed by the Governor
and 99 still wait executive approval.
The session has been remarkable in
many ways. Some most important laws
have been enacted. Chief among these
are the direct primary bill, the bill di
viding the state into Congressional dis
tricts In accordance with the Federal
Constitution; the enactment of the Na
tional pure food law as a state measure,
and the various bills designed to place
the state's finances. Institutions and
offices upon a business basis; appropria
tions have been the largest in history,
chiefly because this Legislature did what
none of its predecessors dared do nuke
liberal appropriations for the actual needs
of all of the-stafe institutions. The Leg
islature also provided for a million-dollar
appropriation for the Alaska-Yukon-P4-clflc
Exposition, and for the expenditure
of $125,000 for the improvement of the
Columbia and Snake Rivers, the work to
be done under the direction of the Fed
eral authorities.
Means Saving to the Slate.
In financial matters the new laws are
important. The . old multiplicity of
funds, with its attendant burden and
senseless loss to the people, has been
done away with, and all the available
cash receipts go practically into one
purse. The state will receive interest on
all of its Idle moneys, and provision has
been made for the investment of all of
Its permanent funds.
While it is true that the military tax
has been Increased from one-tenth mill
to one-fifth mill, and the state-highway
fund from one-fourth to one-half mill,
and that other laws have been passed
authorizing innumerable special levies,
such, for instance, as the Metropolitan
Park districts and libraries, the burden
will not fall quite so heavily upon the
honest taxpayer. This is because of new
laws designed to enable the taxation of
much valuable property that has here
tofore escaped. This includes a 7 per
cent tax on express companies and a 5
per cent tax on private carllnes, levied
on business done in the state, and better
provisions for taxing the intangible prop
erty of transportation companies. Moneys
and credits have been exempted from
taxation and this Is expected to encourage
large investments in the state in property
which can be reached by the Assessor.
Power to Railway Commission.
The powers of the Railroad Commission
have been greatly extended and increased,
and a reciprocal demurrage bill, stringent
in its provisions, is one of the new laws.
The Tax Commission and Board of Con
trol have been given greatly increased
powers and duties. The Land Office,
which has been handicapped by obsolete
laws and unwieldly commission and lack
of sufficient clerical assistance, has been
reorganized and provision has been made
for wider publicity in connection with the
sale of state property and -absolutely re
serving for sale gas, coal and mineral
on state lands. The time for removing
timber has been extended from the pres
ent five to seven years, and this is ex
pected to result in increased prices being
paid for stumpage.
More than a quarter of a million has
been appropriated for state roads; a 'state
aid highway law has been passed, and
other legislation which good-roads men
say will be the beginning of the finest
system of public highways here of any
state in the West.
Save Money to Taxpayers.
The session lasted the full 60 days. At
no time was there serious scandal, nor
serious charge of undue Influence by lob
byists. Three-quarters of a million In taxes was
saved to the taxpayers today by the fact
that a few days ago a concurrent reso
lution had been adopted to take up no
bills after noon today. To suspend this
required two-thirds vote of each house.
When noon came today there were bills
watting in each house passed by the
other, which probably would have gone
through and become law if they could
have been reached, but they died. They
included appropriations of $100,000 for the
Stuck and White Rivers. 70,000 to buy the
' t
SHRINKAGE OK VALCKS IN 36
LEAOIXO STO-fl-LS AS RESlLf OF
THIRSDAI-S SLUMP IN WALL
STREET.
Decline per Total
Share. Decline.
Am. I " -.-.ttt- -ITS.-. o -,o nnil
Amer. Loco.... 7 1,750,000 "J
Amer. Smelt. . . 19 9.300.000 " J
do pfd 7 3.500,000 I
Amer. Sugar- . . ' 4afc S.t'SO.OOO T
Anaconda. 10 3.00o.oOA i
AtchlFon r..8i:.lm I
Atlantic C. Line 64 2..V20.O00 I
Tat A. Ahin i .-. riCil 7
Brook. Rapid T. 8 '4 J.fi.'il.ooo
Canadian Pae.. 4 4;SSO.OOO
c. m. & at. p.. i:iu li.o-j.-.ooo
C. & N. W OVi 4.87r.,00O
Con. Gas l.iioo.000
'Del. & Hud... IS 7..-..-.H.OOO
tel., 1 & W.. 12 I.1fi.OOO
Erie 1 2.(K.MtO
Oen. Electric. 11 7.1.r0.000 A
G. N. pfd 514 S.2.M),000 I
G. N. Ore ctfs. 5 7..HK).0ni I
Illinois Cen 1 1.7K4.000 I
l-oula. & Iash. 6 K.OCHl.tNH)
Missouri Pac. rt!4 4.R73.0OO
National Lead 12 2.ri.i0.OO
N. W. Air Bke It SSO.000
N. W. Central . . 4 !.900.ono
Northern Pac. S 12.400,000
Penn. Ry- 20.2S0.0iM
Peoples Gas.... 4 1, 400,000
Pressed S. Car 7 921.00O
Pullman S 3.800.000
Reading 20 14,520.000
So. Pacific 5 KI.2O0.O0O
TTnlon Pacific.. 20 40.4rt2.ooo
. XT. S. Steel 3 1.-I.240.OO0
do pfd ... 3 1.1.950.000
Total ' fSSl, 119,000
W e d n c s day'a
losf-en approxi
mated :i00.000.000
Wenatchee bridge and $175,000 to buy and
pay off old Cheney warrants and other
bills.
While waiting this afternoon and even
ing for enrolling clerks to complete their
work so bills could be sijned In open
session, -both House and Senate gave
themselves tip to "josh" proceedings and
horseplay.
SGHMITZ-RUEF LOSE JLEUH
SUPREME COURT DENIES THEM
WHIT OF HABEAS CORPUS.
Mayor's Restraint Merely Technical
for a Purpose Ruef's Pleas
. lacked Weight.
SAJ FRANCISCO, March 14. The
Supreme Court today denied the appli
cations of Mayor Schmitz and Abraham
Ruef for writs of habeas corpus. In
the case of Mayor Schmitz, the merits
of his applications were not dwelt upon
at all. The court held that his plea
that he was unjustly held in custody
on grand jury indictments was made
merely to make out a case of habeas
corpus, but his restraint was not actual
but technical, and that he' became .
nominal prisoner for the purpose of
8ec'rinK the writ.
The oourt -cited . jyeTl-iUrf- deoUion
In a similar case in which it was de
cided that "hereafter the court will
make strict inquiry In this class of
cases, whether the alleged imprison
ment is actual or voluntary, and if it
ts found to be, as in this case, a mere
ly nominal restraint, - voluntarily sub
mitted to for the purpose of making" a
case of habeas corpus, ttie petition will
be summarily dismissed."
Ruef's petition cited the allegation
that the grand jury was illegal because
one of the jurors had within a year
served as a petty juror. The court held
this plea to lack weight. Another al
legation was that the indictment did
not allege an offense. The court held
that the charge of attempted extortion
was clearly stated.
On the subject of admitting the pris
oner to bail, the court decided that that
was a question entirely within the dis
cretion of the trial court.
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature 50
degrees; minimum. 41.
TODAY' S Showers; southwesterly winds.
The Railroad Question.
Roosevelt will not change policy, and pre
pares to meet railroad presidents, page 1.
Fear of hostile legislation and tight money
cause excitement on Wall street and rapid
decline. Page 4.
Harrlman wants railroad excepted from
Sherman ant. -trust law. Page 4.
Bryan talks on rate law and says water
Is being: squeezed out of stocks. Page 4.
Cortelyou takes ipeasures to relieve money
market. Pag 4.
Foreign.
First election in Finland under universal
suffrage today. Page 5.
Total deaths in Jena disaster 103. Page 7.
National.
Japanese agreement , carried out In San
Francisco and Washington. Page 5.
Changes made in Canal Commission. Page 6.
Basis of Idaho irrigation fraud charges.
Fase C. '
Domestic '
Haskln on possibilities of phonograph.
Page 1.
Lively session in Thaw trial ends in expert
evidence against Thaw. Page 1.
fcowle's funeral sermon written by himself
curses hts enemies. Page 7.
Great flood in Pennsylvania, Ohio and West
Virginia. Page 7.
Damaging evidence against Hermann.
Page 5.
Goldfield employers declare war on Indus
trial Workers. Page 5.
Louisville car strike settled. Page 5.
Pacific Coatt.
Charges against Major Edwards are sub
stantiated by Umatilla Indians; Indian
agent will be asked to resign. Page 6.
Jasper Fource dies In Ashland at the age
of 10S. Page 6.
Washington Legislature adjourns after mak
ing a splendid record. Page 1.
Wholesale arrests of Walla Walla gamblers.
Page 0.
Commercial and Marine.
Resumption of buying In hop market.
Page 10.
Panic in Nw York stock market. Page 10.
Wheat markets affected by unsettled finan
cial conditions. Page IS.
Muskoka chartered for South American lum
ber shipment. Page 18.
Portland and Vicinity.
Industrial Workers of the World, In pub
lished circular, call C. H. Gram, presi
dent or Oregon Federation of Labor, liar
and labor faker. Page 14.
Nelson found guilty of second degree mur
der and Danielson of manslaughter In
Lindgren murder' case. Page 10.
Harri man's policy of retrenchment has no
terrors for Oregon. Page 18..
Newspaper canard causes flurry among land
. fraud defendants. Page 12.
Ninety thousand dollars received in single
tax payment. Page 10.
FLINT SAYS THAW
IS QUITE SANE
First Expert for State
Gives Opinion.
QUESTION WOULD FILL BOOK
Hummel Denies Mrs. Thaw's
Story After Wrangle.
VIOLENT SCENE FOLLOWS
Indicted Lawyer Says Mrs. Thaw
Denied AVliite Wronged Her.
Jerome and Delmas CIiisli An
grllyEiid Not in Sight.
NEW YORK. March 14. Answering the
came hypothetical question in response to
which the alienists of the defense de
clared Harry K. .Thaw was suffering from
an unsound mind and did not know the
nature or 'quality of his act. when he shot
and killed Stanford White. Dr. Austin
Flint, the first expert called by District
Attorney Jerome in rebuttal, declared it
to be hts opinion that Thaw positively did
know the nature and quality of his act
and knew that the act was wrong. When
court adjourned Jlr. Delmas had not be
gun his cross-examination of Dr. Flint. '
After receiving Dr. Flint's answer to
the Delmas hypothetical question, Mr.
Jerome had read to the witness the prose
cution's hypothetical question, which con
tained some 15,000 words and which re
quired one ' hour and 18 minutes in its
reading. Dr. Flint again said without
qualification that Thaw knew his act was
wrong and Is therefore liable for the
murder in the first degree under the stat
utes of the State of New York. Mr. Del
mas indicated that he would cross-examine
'each expert searchingly.
Mr. Jerome's sanguine prophecy that
the taking ol testimony would be con
cluded tomorrow night has been aban
and those concerned in the case
-.'.Jj. look to April 1 as tb,e earllestino-v
ment of closing the trial. .
Hummel Too Fast for Delmaa.
. Before Dr. Flint was called there was a
stormy controversy -between Mr. Jerome
and Mr. Delmas about the admissibility of
the evidence of Abraham Hummel as to
the conversation he had with Mrs. Thaw
after her return from her first tour of
Europe with Thaw. Hummel was asked
as to what Mrs. Thaw told him and Mr.
Delmas objected to the question on the
ground that Mrs. Thaw was Hummel'!
client. The argument on this point occu
pied much time and the objection was
finally sustained. Mr. Jerome then asked
Hummel whether Mrs. Thaw had told
him that she told Thaw it was not true
that Stanford White had drugged and
ravished her. Before Mr. Delmas had
time to object. Hummel had answered In
a loud voice:
'She certainly did."
Mrs. Thaw to Be lleealled.
Then came a violent altercation between
the lawyers. Mr. Delmas denounced Hum
mel for answering the question, and
raised a direct issue of veracity with Mr.
Jerome as to an agreement to admit it.
He waived his right to have the question
stricken out, and Hummel's examination
was resumed, but soon struck another
snag in the shape of Mr. Delmas" objec
tion on the ground that he was Mrs.
Thaw s attorney at the time of the con
versation. Mr. Jerome dpnled there was
any evidence to that effect, but Justice
Fitzgerald said Hummel had answered
both ways. Mr. Delmas finally obtained
Mr. Jerome's consent to examine Mrs.
Thaw on that point after the experts
had testified.
The six experts were then called and
sworn, but only -the first of them. Dr.
Flint, had been examined when court ad
journed. HUMMEL JtUSHES IX ANSWE15
Denies Mrs. Thaw's Statement.
Fierce Combat Between Lawyers.
NKW YORK, March 14. After Abra
ham Hummel had been called to the
stand at the opening of the Thaw trial
today, Mr. Delmas began his argument iti
reply to District Attorney Jerome as to
the admissibility of the evidence Hummel
ha6 to offer regarding the affidavit Eve
lyn Nesbit is said to have made in his
office. The District Attorney claimed that
this evidence, if allowed, would tend to
show that Evelyn Nesbit may not have
told the defendant the story which is said
to have made him insane.
In beginning his argument, Mr. Del
mas touched first upon the point of
the professional relations existing be
tween Evelyn Nesbit and Mr. Hummel
at the time the affidavit was made.
Hummel denied yesterday that he was
acting for the girl, saying he was em
ployed by Stanford White and that no
legal action was contemplated in be
half of Miss Nesbit.
"We still contend," said Mr. Delmas,
"that this witness was acting in the
capacity of attorney to this girl. It Is
not for him by his word to deny that
such a relation existed. However, we
will reserve that objection."
Mr. Delmas then turned to the ques
tion of the admissibility of evidence
contradicting the statements of a wit
ness made out of court.
.-
Trusts to Jury's Fairness.
Mr. Delmas referred to certain au
thorities cited by Mr. Jerome
yesterday in support of the ad
missibility of such testimony, and said
he was amazed to find that one of the
decisions mentioned "states exactly the
reverse of what the learned District
Attorney announced."
Much of what the District Attorney
said yesterday, Mr. Delmas declared,
was objectionable, "but I allowed him
to talk of much that is not in the
evidence and that might have been ob
jected to, because I was willing; to
trust to the falrmlndedness of this
jury, which is my only protection."
Mr. Delmas took up the question
which Mr. Jerome asked Air. Hummel
and said it was objected to. clause by
clause, and explained where each one
was objectionable. The question called
for a reply from Hummel as to what
M!i.s Nesbit told him in his office, as to
whether she told liim Thaw had
stripped and beaten her and that the
charges against White as to her ruin
were not true. Mr. Delmas closed his
argument by asking: that the court
rule out Hummel's testimony as im
proper and having no bearing on the
case.
Ruling Bars Out Question.
Mr. Jerome answered Mr pelmas brief
ly, claiming that as Mrs. Thaw's "state
ments on the stand had been direct and
i f V - u 1
r " m i
A. J. ialeoner, ftpeuker of the Wash
ington House.
positive, he must be allowed to contro
vert them
After the arguments were eoncludei
Justice Fitzgerald said:
"The cases cited are not proper author
ity on the question under consideration.
The objection must be sustained."
This ruling seemed to bar all of Hum
mel's testimony,, but Mr. Jerome proceed
ed to question him, and soon there was a
dramatic clash with Mr. Delmas.
"At the interview in your office," asked
Mr. Jerome, "did Evelyn Nesbit,. prior to
your dictating anything, tell you that she
had told Thaw that it was not true that
9tanford White had drugged and ravished
her?"
Hummel Answers Anyway. .
Mr, fxl nas was on his feet to object,
but -before h. could do so Hummel said
fii" a loud voir'e: .
"She certainly did."
Mr. Delmas looked at the witness, and
with scorn in his voice, said:
"And you call yourself a lawyer."
Mr. Jerome asked Mr. Delmas to ad
dress his remarks to the court. He fur
ther said he understood Mr. Delmas to
have said he would not object to an an
swer to such a question as was asked
the witness. His assistant, Mr. Garvan,
had told him Mr. Delmas had made such
a statement while he (Jerome) was out of
the room.
"I made no such statement," declared
Mr. Delmas. "I specifically reserve the
right to object to any questions put to the
witness." Mr. Delmas turned to Hummel
and said:
"You heard me reserve that right, didn't
you?"
"I did."
"And the learned Assistant District At
torney heard me?" asked Mr. Delmas,
turning to Mr. Garvan.. .
"If the learned counsel from the Pacific
Slope ''will address himself to the court
we will make better progress." said Mr.
Jerome. He also added that if the prefix
"learned" were left out it would tend to
shorten the record. '
"If the irritable District Attorney pre
fers, I will refrain from ascribing to him
the qualities he so scornfully rejects,"
said Mr. Delmas.
Mr. Delmas first moved that Mr. Jer
ome's question and Hummel's answer be
stricken from the record, and Justice
Fitzgerald seemed about to order that
done, when Mr. Delmas again rose ' and
said:
Delmas Lets It Stand.
"Through the extraordinary conduct of
the District Attorney, this question and
answer are in the record. Let them stand.
I waive my right."
, Mr. Jerome wanted to know if the
motion to strike out was withdrawn.
"The answer is already with the
jury; why should it be stricken out?
I withdraw the motion," said Mr. Del
mas. "Did Evelyn Nesbit say to you that
Thaw had prepared documents charg
ing Stanford White with having
drugged and betrayed her when she
was ir, and insisted upon her signing
them, but that she told Thaw she would
not because the statement was not
true?" asked Mr. Jerome. .
Mr. Delmas objected upon the ground
that the question was a repetition of
the one already ruled out by the court.
Mr.. Jerome read from the record the
statement Mrs. Thaw made on cross
examination which he sought to rebut.
Mr. Delmas renewed hiSiObjection and
said it y.'as . based largely upon the
ground of "manifest misconduct" on
the part of the District Attorney.
Justice Fitzgerald said that the ques
tion ruled out included portions of the
present question.
Mr. Jerome cited additional decisions
to uphold his view.
Whos-e Lawyer Was Hummel?
Mr. Delmas declared that the mere fact
that Evelyn Nesbit had refused to sign
documents for Harry Thaw was not evi
dence that she had not made the state
ments to him. He also objected to the
question put to Hummel upon the ground
that he was acting as Miss Nesbit's at
torney. In answer to one of the ques
tions put to him yesterday Hummel said
Miss Nesbit had called upon him in his
professional capacity. He declared Im
mediately following, however, that in
drawing up the affidavit he was acting
for White.
Mr. Jerome declared that young Mrs.
Thaw herself had waived the right of
personal privilege as between herself and
Hummel by stating upon the stand her
version of the interview with the lawyer.
"The learned District Attorney knows."
interrupted Mr. Delmas, "that Mrs. Thaw
was not at that time stating any histori
cal fact, but was testifying merely as to
what she had told her husband."
"There is no evidence here," said Mr.
Concluded on Page 7.)
TAKE PLACE
Great Possibilities of
the Phonograph.
BECOMES USEFUL IN BUSINESS
Faster Than Stenographer
and Is Infallible,
HAS PLACE ON RAILROADS
Would Record Train Dispatches and
Place Blame for Wrecks High
Trices Paid Noted Singers
for Records.
OFSTENOGRAPHERS
BY FREDERIC J. HASKIN.
WASHINGTON. March 15. (Special
Correspondence.) There are about 200,
top. young men and women In this country
who make their living as stenographers;
and several thousand other young men
and women who earn a livelihood by
teaching stenography. They have a
competitor In the form of a machine
which i threatening to get their jobs
away from them. The phonograph
threatens to do for the stenographer what
the automobile has done for the horse.
Its makers say that the talking machine
will branch out from being a mere
musical toy. and become a fattor In busi
ness. The use of graphophones and phono
graphs in business has obtained to some
extent for several years, but It Is only
lately that the movement to develop the
idea has been undertaken on a large
scale. The sales of commercial talking
machines have Increased 500 per cent In
12 months and this despite the fact that
advertising has been limited to one or
two class publications. The factories are
making arrangements to Increase the out
put and then a campaign of general,
advertising is to be begun, which the
manufacturers believe"-wtn-'put talking
machines In almost every office in the
country and practically eliminate the
use- of short-hand- In business correspond
ence. Faster Than Stenographer.
The ordinary stenographer In a busi
ness office does not take on an average of
more than 90 words a minute. Nearly
every man who dictates can think faster
than the stenographer can write short
hand, so he has to hold back. In dictat
ing to a phonograph, there is no time
wasted nor interruption to his thought
because the machine goes right ahead at
any pace he can set.
The reporters of debates in the. two
houses of Congress have for years read
their short-band notes Into phonographs,
from which they are written out on type
writers. Coui;t reporters have also been
using the machines in this way for
years with great success. Commercial
talking machines cost less than type
writers of standard makes, and it is not
impossible that the tremendous increase
in their sale in the last year Is the be
ginning of a business campaign which
will make them almost as common as
typewriters.
Takes Interviews Verbatim.
Another new use for the talking ma
chine U for newspaper reporters. A small
machine has been invented which may be
carried about like a camera box. When
a person consents to give an Interview,
he will be permitted to talk it Into
the machine and the statement will come
out verbatim. This will be an advantage
to two sets of people, those who have
suffered by having their words wrongly
quoted in newspapers and those whose
reports are denied when the man inter
viewed finds out, too late, that what he
said didn't have the proper effect.
One of the oddest contrivances In which
the phonograph figures is an automobile
horn. It is fashioned in the form of a
grotesque dwarf's head and Is operated In
the same way as the ordinary "honk!
honk!" nuisance. Inside is a phono
graphic attachment which "yells:
"Look out! Clear the road!"
Slay Receive Train Dispatches.
The very latest suggestion for a new
use of the talking machine was made
by a railway publication Just after the
wreck on the Southern Railway which
resulted in the death of President Samuel
Spencer. In the inquiry into the causes
of the wreck there was a dispute be
tween the telegraph operators about what
messages had been sent governing trains.
The suggestion Is to have a recording
talking machine in every' railroad tele
graph office. It would make a complete
and absolutely correct report of every
message sent, which could be read by
any operator.
In this connection It is interesting to
note that it was while experimenting t
with a telegraph instrument improve
ment that Mr. Edison stumbled onto the
principle of the phonograph. He was at
tempting to perfect a telegraph-sending
Instrument which would send the dots
and dashes of the Morse code by the open
ing and closing of the circuit through
perforations in a sheet wrapped about a
sylinder of metal.- He found that the per
forations representing dots and dashes
produced the same effect upon the needle
when the cylinder was again revolved un
der it. Thus the phonograph was born.
When. Edison invented the phonograph.
In 1877. there were many brilliant predic
tions for his crude machine. It was said
Concluded oa Pago 12.) .
G!l 106.0