THJ MORNINti OKEGOMAX, WEDNESDAY, APRIL 3, 1907. HERMANN TURNS UPON HITCHCOCK Shows He Suspended Benson Hyde Claims Without Delay. CALLS SECRETARY SLOW letter Shows Holzinger Report Held XTp by Hitchcock Hermann Urged Repeal or Lilen Land law for the Forest Reserves. OREGONIAX NEWS BUREAU. Wash ington. D. C-, April 2. Just prior to the adjournment of court today, counsel for Binger Hermann sprang a protest in the shape of documentary -evidence tending to Impeach statements made by cx-Secre-tary Hitchcock when he was on the stand. The Secretary had testified that one reason for calling for Hermanns resignation was because the Commis sioner had withheld the report of Spe cial Agent Holzinger exposing the Benson-Hyde land frauds. i letters read today from the official files of the Department showed that Her mann not only transmitted that report, to the Secretary but that he suspended the fraudulent entry without waiting for authority from the Secretary. The letters were furthermore Interesting as showing that Mr. Hitchcock, long after receiving the Holzinger report, ignored its existence and twice called on Hermann for his rea sons for suspending the Benson-Hyde entries, when the reason had been pre viously set forth In two letters written by Hermann to the Secretary. Vrged Repeal of Lieu Land Law. The defense also offered numerous other letters written by Hermann to Mr. Hitch cock, showing that at various times from 1900 to the date of his retirement. Her mann urged the Secretary to recommend the repeal of the land law and in one letter dated July 31, 1901, recommended that no more forest reserves be created until that law (should be repealed, or at least modified so as to restrict lieu elections to land of equal value to that relinquished to the Government. Thl evidence was submitted to show that at the time Hermann was accused of ronspiring with Williamson. Mays. Jones nd others in the Bluo Mountain reserve rase, he was actually urging the repeal of the very law under which those frauds were to have been perpetrated. Kzrn X. HH1 Creates Diversion. The rest of the day the proceedings were monotonous and unimportant, save that several witnesses were produced to show that Hermann was not on friendly terms with Benson, as had been shown by some .testimony of the prosecution. The afternoon session was enlivened by the testimony of Ezra N. Hill, a staunch friend of Senator Mitchell, who testified to being present In Mitchell's room in the Dewey Hotel when Puter called and secured his promlso to help in expediting the Watson entry. Mr. Hill declared he saw Mitchell during that entire con ference and that nothing passed between Puter and Mitchell. Mr. Hill was per sistently cross-questioned by District At torney Baker and, being possessed otK ready wit. brought about several amus ing situations. ' He said Puter almost went down on his knees to the Senator in bogging him to sec Hermann and get the patents to his claims. Tutor said he would be ruined and that Mrs. Wat son, whom ho had induced to invest monev in the claims, would also be financially ruined. This Interview took place In March, 190;. The witness said he saw no money pass between the Senator and Puter. nor did he hear a word sold about money. Mr. Hill was questioned about the rooms of Mr. Mitchell, as to the number and as to the newspapers ho read and many like details. Told Books AVere Being Torn Up. W. A. Richards. ex-Commissioner of the General Land Office, testified that in January. 1903. he was told by his messen ger that the chief messenger and an as sistant were tearing up Hermann s letter books In the corridors. This testimony was objected to by the" prosecution and the court remarked that he did not see how the fact of publicity regarding the destruction of the letter-books would af fect tho character of the act. Mr. Baker said that the Government would argue to the jury that tho defendant destroyed his letter-books openly and notoriously. Mr. Richards produced memoranda which were mado at tho time he passed the 12 Puter claims to patent, la this case. Mr, Baker remarked that tho Gov ernment would argue to tho Jury that Richards acted la tho dark regarding these claims, that he was put 1n posses sion by Binger Hermann of only part of the papers regarding them. George Hazelton. a local attorney, who for a time represented Benson before the Land Office, testified that Hermann and Benson were not on good terms. C L. Dubois, chief of a division in the Land Ofllce. testified to the same effect, and also that on Hermann's telephone order to the Treasury, Benson's accounts were recalled and he was never allowed to settle, thus blocking certain land deals. THE DAY'S DEATH RECORD Don Carlos Taft, Geologist. CHICAGO. April I. Don Carlos Taft. former professor of geology at the Uni versity of Illinois, died yesterday of apo plexy at his residence hero. Mr. Taft was born ,ln Swanzey, N. H, in 1827 and graduated from Amherst college In 1853. He accepted the chair of geology at the University of Illinois In 1.S70 and ten years later moved to Hanover. Kan.., where he established a Dank, of which he was president until 1SS7, when he came to Chicago. Stephen S. Sharp, Railroad-Builder. KANSAS oITT, Mo., April 2. Stephen 8. Sharp, a pioneer railroad-builder, died at hU home in Kansas City. Kan?., to day from an attack of paralysis, aged 7L DENY ALL EARLE'S CHARGES Sugar Trust Men Also Rely on Stat ute of Limitations. NEW TORK. April 2. The answer of the American Sugar Ref:nlng Company and Henry O. Havemeyer and John E. Parsons to the suit brought against them by George H.' Earle as receiver for the Pennsylvania Sugar Refining Company to recover 130.000,000 for conspiracy under the anti-trust law, has been filed in the Unit ed States Circuit Court. The answer Is a general denial to each and every charge made by the Pennsylvania Sugar Refln Ina Company. After making a a art de nial the defendants allege that none of the acts mentioned in the complaints come under the anti-trust laws and even If this were true, they are now barred by the statute of limitations. The complaint alleged that as a result of conspiracy on the part of the defend ant the big plant of the Pennsylvania Sugar Refining Company in Philadelphia, although completed more than three years ago has not been operated. STANDARD WILL WIN" POINTS Many Counts In Rebate Indictment to Be Annulled. CHICAGO. April 2. Judge Landls. in the United States District (Tourt today, overruled the motion of the Standard Oil Company that the case brought against them charging illegal taking of rebates be dismissed, and ordered the trial to pro ceed. The dismissal of the case was asked ' upon the ground that the Govern ment had failed to make out the case outlined in the indictments. In announc ing his 'decision. Judge Landis said: "It Is the view of the court that, the defendant is presumed to have known tho lawful rate, because It Is assumed to have known the law forbidding the us of any rate that is not the published rate. Under the law the shipper must ascertain the rate and guide himself ac cordingly." During the afternoon session the law yers for the defense had the better of the argument, and It was admitted tonight even by the Government officials, that a great many counts In the indictment may b-5 ruled out by the court. Judge Landts declared he favored the defense on cer tain points and Intimated that between 100 and 200 counts would be striken out. TO ROUT OUT THE WICKED LAW AXD ORDER LEAGUE IS FORMED AT WOODBURN. Proposed to Prosecute Those Ac cused of Illegal Voting and Rid City of "Joints." WOODBURN, Or., April 2. (Special.) A well-attended meeting was held In Association Hall tonight, and after addresses by Rev. D. H. Leech, Rev. D. W. Cook,' Walter L. Tooze and others, a Law and Order League was organ ized, with H. Overton as president, Wallace Livesay as vice-president. K. P. Morcom, secretary and A. E. Austin, treasurer. The president was authorized to ap point an executive committee. It is the purpose of this league to prosecute all illegal voters at tho city election yesterday, and to see that the letter of the law is observed by all saloons In this city. It Is also the object to rid the city of all "joints." The league is full of determination to do business, and the path of the transgressors of the laws of this city will hereafter not be strewn with roses. HIS CHAUFFEUR BURNS' SPY. Gallagher Accompanied on Boodle hunting Trip as Detective. SAX FRANCISCO. April 2. (Special.) When Supervisor James G. Gallagher was dashing about San Francisco last Winter in his red automobile, the quiet, unassum ing young mahout at the wheel was none other than a disguised detective in the employ of William J. Bums. When Galla gher went to Ruefs office to get the boodle money for the other Supervisors, when he secretly sped to the home of Mayor Schmitz to. arrange upon franchise programmes, when he went to the bank to deposit his own "share of the bribe money, this mahout was always with him in the automobile. SEA EX CARS IN" THE DITCH. Freight Wreck at Onconta Passen gers From No. 1 Are Transferred. BRIDAL VEIL, Or., April 2. (.Special.) Westbound freight train No. 55 was wrecked at 6 o'clock this evening at One onta, tive miles east of here, because of a broken wheel on one of the cars. Seven cars were ditched. No one was in jured. The wrecking train from Alblna arrived at 10 o'clock and it is expected the track will be cleared by daylight. A special train ' carrying empty coaches from Portland transferred the passengers from No. 1 westbound. HOLD TR I -STATE CONFERENCE Railway Commissioners of Oregon Idaho and Washington to Meet. SALEM, Or., April 2. (Special.) Plana wore tonight perfected by the State Rail road Commission by which the Washing ton. Idaho and Oregon Commit Ions will hold a joint conference at Olympla on April TL The meeting will be mainly for the purpose of co-operation in con ducting investigations and matters of mu tual Interest will be discussed. FIND THAW BOTH INSANE AND SANE Doctors Disagree as Usual. Commission Will Decide Af ter Another Test. EXAMINATION IN PRIVATE Charged With Pillaging Blocks. ASTORIA. Or.. April 2. (Special.) John Robinson and his son, Quincey Robinson, of Skipanon, were arrested today on an Information charging them, with larceny of a number of blocks, ropes and chains from the stranded British bark Peter Ire dale. The plunder was found concealed under the hay in a barn at the defend ants' home. The defendants are In tha County Jail pending a hearing in the Jus tice' Court tomorrow morning. Odd Fellows at Salem. WHITE SALMON. Wash., April 2. (Special.) Good WIU Lodge. No. 63, Or der of Encampment I. O. O. F., was in stituted in White Salmon by Special Grand Deputy Harvey, of Vancouver, Wash., tonight. The encampment be gins its existence with a membership of 36 Pilgrims. Delegates were present from Hood River. Dufer, Vancouver, Car son and Goldendale. Hundred Divorce Cases on Docket OREGON CITY, Or., April 2, (Spe cial.) The April term of the Circuit Court will be convened in this city Monday, April 15. The number of dl vorco suits on the docket will exceed those of any former term, there being nearly 100 such cases pending. VERDICT ON COLTON WRECK Coroner's Jury Fixes Blame and Censures Railway Company. COLTON, Cal.. April 2. The verdict of the Coroner's jury convened to Investi gate the wreck at Colton last Thursday, In which 23 people lost their lives, and nearly a hundred more were injured, was returned this evening. The foreman of the switching crew and his assistant are saddled with responsibility for the wreck through criminal negligence, the engineer of the wrecked overland train is declared guilty of negligence through running too fast: the Southem Pacific is censared for operating the frail cars In which many Of tiia Ttsllnn Immigrants wera W1" Direct Conflict of Opinion as to His Present Mental Condition Re port to Court After Final Examination Today. NEW TORK, April 2. It was an nounced today after a session which lasted from 10:30 o'clock this morning until 6:30 P. M. that the lunacy com mission inquiring into the present men tal state of Harry K. Thaw will con clude its labors tomorrow and report its conclusions to Justice Fitzgerald before the hour set for the Thaw jury to report in court on Thursday morn ing. There will be a brief session to morrow to hear the testimony of an alienist offered by District Attorney Je rome and then will follow a private mental and physical examination of the defendant. Only the members of the commission and the official stenog rapher will be present at Thaw's or deal, attorneys for the defense and the District Attorney being barred. The announcement that the commit tee desired to renew its private exami nation of Thaw came at the end of a day of many witnesses and it was in the nature of a surprise. The deci sion probably was due to the conflict ing character of the testimony heard today. It was another battle of alien ists. Those engaged by the District Attorney declared Thaw absolutely in capable of understanding his condition, of realizing the nature of the charge against him, or of rationally confer ring with counsel, while those engaged by the defense declared Thaw through out the trial had acted In a rational manner; had rationally advised his counsel in their hearing, and fully un derstood and appreciated everything connected with the trial. Points for the Defense. The experts for the prosecution ad mitted that they had reached their conclusions as to Thaw's present state of mental unsoundness from distant ob servations of him in the courtroom and from writings alleged to have ema nated from him during the trial. Among the latter wera 24 pages of newspaper clippings and memoranda written by Thaw as suggestions to his chief attorney, Delphin M. Delmas. for his summing up address to the jury. Mr. Jerome's experts declared these writings were those of an Insane man. The experts for the defense declared there was absolutely nothing in the writings upon which: to predicate an opinion. Mr. Delmas himself took the stand and declared many of Thaw's suggestions were most valuable and that he Intended to incorporate some of them in his sum ming up address. The alienists for the defense in testifying declared they had the advantage of constant personal ex amination of the defendant, while the prosecution's witnesses had not. The Tombs physicians, two chaplains of the city prison, several guards and a proba tion officer took the stand and testified that Thaw in prison had acted and spoken like a rational man. Hamilton Says Thaw's Crazy. The commission decided today to admit the testimony of Dr. Allen McLane Ham ilton, who said he made four examina tions of Harry Thaw, the last in July. 1906. He concluded then that Thaw was suffering from chronic delusional insan ity or paranoia and still held that belief. On cross-examination Dr. Hamilton ad mitted he had not examined the defendant recently. The defendant's counsel fought against Dr. Hamilton's testimony to the very last. Failing In the plea of profes sional privilege as a bar, they argued that his examinations of the defendant were too remote to be of any value at this time. The commission decided to allow the testimony. Members of the commission cross-examined several of the District Attorney's alienists at length, inquiring as to the consistency of their testimony that Thaw is now insane and has been so for several years as against their testimony at the trial, when In answer to a hypothetical question they declared that Thaw knew the nature and quality of his act when he shot and killed Stanford White and knew the act was wronK. Dr. Austin Flint declared that Thaw was Insane from the alienist's point of view when the homicide occurred, but was not insane in the language of the law. Mr. Jerome's experts one after another agreed that Thaw is a paranoiac and that his case is incurable. Dr. Flint gave a new touch to the form of insanity from' which it Is alleged Thaw is suffering by declaring that former paranoiacal delusions of persecution rapidly change Into delusions of gran dour. DUNNE GONE TO DEFEAT (Continued From First Page.) Aldermen elected was John E. Traeger candidate for City Treasurer. ROOSEVELT GLAD OF RESULT Bnsse Has Administrative Ability Chicago Is Congratulated. WASHINGTON. April 2. When in formed of Mr. Busse's election as Mayor of Chicago, President Roosevelt made this statement: "I am exceedingly pleased at Mr. Busse's victory. During his service as Postmaster Mr. Cortelyou and I grew to feel that he possessed to a very marked degree administrative ability. I believe he will make an excellent Mayor of Chicago and I heartily congratulate the city." LOCAL ISSUES FOUGHT OUT. Liquor Question Chief One in the Cities of Colorado. DENVER, April 2. All the cities and towns of- Colorado, excepting Denver, held snunicipal elections today. Local issues were fought out principally in a number of towns, but one ticket was in the field. The question of licensing saloons was voted upon in several towns, tl most comprehensively for the anti-saloon element being at Boul der. The wiping out of the liquor traffic in that city places the whole of the Northern Colorado agricultural district under dry rule. A most partisan victory was at Crip ple Creek, where the Democrats re gained control of the city's affairs after six years of continuous Republican rule, lb Irfmtlvilla and Pueblo the Democrats CHEAP, EFFECTIVE, PALATABLE. APENTA HUNGARIAN NATURAL APERIENT WATER. The Analysis shows that the richness of Apenta Water in natural saline aperients renders it the safest and most remedial laxative and purgative. READ THE LABEL. A WINEGLASSFUL A DOSE. ALSO SPARKLING APENTA (NATURAL APENTA CARBONATED), IN SPLITS ONLY. A Refreshing and Pleasant Aperient for Morning Use. Sole Exporters : THE APOLLINARIS CO., Ltd, London. were victorious, the latter by a small margin, and in Colorado Springs the straight Republican ticket won out. In the mountain towns where liquor selling was before the voters, the sa loon element carried the day. Colorado Springs Republican. COLORADO SPRINGS, Col., April 2. Victory for the straight Republican ticket was the result of the city elec tions today. D. N. Heiser was elected Mayor by a plurality of about 1000. and six out of eight Aldermen were lected on the Republican ticket by safe ma jorities. Vote on Saloons In Nebraska, OMAHA. Neb., April 2. City elections were held In all cities and towns of Ne braska except Omaha, South Omaha and Lincoln. Probably three-quarters of tho towns ignored party politics, voting only on the question of licensing saloons. In only a few towns were the existing con ditions changed. Democrats Carry St. Louis. ST. LOUIS, April 2. As a result of the city election today the Republicans con cede to the Democrats the entire City Council ticket, all the members of the School Board and 15 of the 28 members of the House of Delegates. The Dem ocrats claim five additional. Republican for Supreme Judge. MILWAUKEE. April 2 Justice R. D. Marshall, Republican, appears to be re elected to the Supreme Court over Henry Scudder of Marinette. The returns are close. Local questions were Issues in, most of the city elections. Diekemas Named for Congress. GRAND RAPIDS, Mich., April 2. Com plete unofficial returns late tonight from the primary election In the Fifth Con gressional district for Congressman show that Gerrltt J. Diekemas, of Holland, has 794 majority over Huntley Russell of this city. Republicans Carry San Diego. SAN DIEGO. Cal., April 2. The city election today resulted in a victory for the Republicans. Their candidate for Mayor, John F. Forward, defeated Grant Conrad, nonpartisan, by 300, and R. V. Dodge, Democrat, by 500. Republicans Win Kansas City, Ran. KANSAS CITY, April 2. D. E. Cornell, Republican, was elected Mayor of Kansas City, Kan., today over W. W. Rose, Dem ocrat, and John Gray, Socialist, by a plurality of about 1000 in a total vote of 15,000. Winona' Has Democratic Landslide WINONA. Minn., April 2. Yesterday's municipal election proved a landslide for the Democrats, every city office going to a candidate of that party. Dr. E. S. Mulr was elected Mayor. Republican Gains In Oklahoma. ntTTHPtlT Okln Artril 2. Returns from Oklahoma and Indian Territory in dicate sweeping gains for the Republi cans. In Guthrie the entire Republican city ucaet was eieuieu uy puiiiu ninjuii-ties. Republican Mayor of Topeka. TOPEKA. Kan., April 2. William Greene, Republican, was elected Mayor of Topeka today by a plurality of about 1500. Democrats Carry Pueblo. PUEBLO, Colo., April 2. Mayor John T. West and the entire Democratic ticket probably was elected at today'3 election. Fire In Regalia Factory. The Fire Department was called out to extinguish a blase in the factory of the Pacific Regalia Company, on First street, between Taylor and Salmon streets this morning. The loss was about $3000. TAINTED MEAT AT PANAMA CONGRESSMAN RAISE Y SCORES THE COMMISSARIAT. Investigation Will Show Big Scandal. He Charges That Stewards Are Grafting. NEH" YORK, April 2. Congressman H. T. Rainey, of Illinois, after spending eight days in the Panama Canal zone, to. day returned here enthusiastic over the progress made, but most unfavorably im pressed with the management of the Commissary Department. A careful investigation of the com missariat, Mr. Rainey believes, will bring to light a scandal "second only to the embalmed meat scandal of the Spanish American War." The chief trouble, he thought, lay in the fact that meat arriving at the Isth mus well preserved was not met at the dock, as was supposed, by refrigerator cars, but instead was leisurely trans ferred in a temperature of 80 and 00 de grees, with the result that unless served with a strong garlic dressing or gravy it was unpalatable. Mr. Rainey said that he would prove that the lunch served to the Congres sional party that recently visited the Isthmus, and which was supposed to con sist of the same menu served daily to canal-workers at a cost of 30 cents a man, was In reality ordered five days in ad vance and cost tl.65 a plate. While tns commissariat was supposed to serve food at cost, the stewards, he said, were or dered to make a profit of at least J30 to $60 a week. Shoes that could be bought in the Unites States for J3 a pair were sold by the commissariat, the Congress man declared, at $8 a pair. Beyond a badly organized Commissary Department, however, Mr. Rainey said he found nothing to criticise. HOLDS ANNUAL MEETING Ladies' Aid Society Hears Reports on Charitable Work. The annual meeting of the Ladles' Aid Society was held yesterday afternoon in the reception-room of the First Presby terian Church, and was presided over by the president, Mrs. P. J. Mann, who has served in that capacity for the past six years. The Children's Home, which is under the direct management of the Ladles' Aid Society, now shelters 54 chil dren, 28 boys and 26 girls. The home was reported to be in a good condition finan cially, and at present the children are in excellent health, only one death having resulted from the epidemic of diphtheria last Pall. It. was reported that the membership has not increased with the growth of the city, in fact has decreased, a circumstance to be regretted, but due. It was pointed out, to the fact that no general appeal for members had been made recently. The following officers were elected for the ensuing year: President, Mrs. P. J. Mann; vice-president, Mrs. T. L. Eliot; second vice-president, Mrs. "W. B. Ayer ; secretary, Mrs. Ellis Hughes; treasurer, Mrs. Martin Winch; advisory board, Mrs. R. R. Koehler. Mrs. C. W. Burrage and Miss Sallle Lewis ; board of trustees, William Ladd, Rev. T. L. Eliot, Walter Burrell, H. C. Wort man and H. L. Pittock TO NORTH POLE IN JUNE Commander Peary Has Secured Nec essary $200,000 to Outfit Ship. NEW TORK. April 2. Commander Rob ert E. Peary has now the $200,000 neces sary for his coming expedition to the Far North, and expects to set sail about the last of June. The Roosevelt, his ship, Is receiving necessary repairs. Does Not Color Hair Aycr's Hair Vigor, as now made from our new improved formula, does not stain or color the hair even to the slightest degree. Avers Hair Viqor S NEW IMPROVED FORMULA J Gray hair, white hair, light hair is not made a shade darker. 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