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until that law (should be repealed, or at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
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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.
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HE survival of the fittest" is perhaps truer
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the average physician has at his command?
WE ARE regularly graduated university-trained physicians, who
have made a long special study of organic diseases and are today
duly recognized by the highest medical authority as the
LEADING EXPERT SPECIALISTS FOR MEN
Our offices are well appointed and contain the latest inventions
and the -jost modern appliances essential to the proper and up-to-date
treatment of all genito-urinary diseases.
We make no foolish propositions, but we do assure you that you
may consult us at our office privately and your confidence will not be
betraved. We can examine your case scientifically and give you a
thorough diagnosis ABSOLUTELY FREE OF CHARGE.
After this, if yon decide to have us treat you and we undertake
your case, WE POSITIVELY GUARANTEE TO CURE YOU and
"make you well and strong once more yourself as you ought to be
A MAIN AMONG MEN
Our prestige and standing in the community and profession can
not be questioned and by our acts we are judged.
If you cannot call, write to us, stating your case plainly in your
own way, and receive the benefit of a skillful diagnosis and positive
cure. Letters truthfully answered.
HOURS-8 to 5, 7 to 8:30 daily; Sundays, 9 to 12. Consultation free.
ST. LOUIS
MEDICAL AND
SURGICAL
DISPENSARY
CORNER SECOND AND YAMHILL STREETS, PORTLAND, OR.
T