Jtl
mm
mtomatt.
VOL. XjLVI.-N'O. 14,461.
PORTLAND, OKEGOX, SATURDAY, APRIL 13, 1907.
PRICE FIVE CENTS.
JURY DISAGREES
Oil THAW'S GUILT
Hopeless Division on
Plea of Insanity.
FIVE WERE FOR ACQUITTAL
Thaw Must Stand Another
Trial Next Fall.
JURORS TELL OF BALLOTS
Seven for Conviction of First Degree
Murder, but Ready to Compro
mise on Manslaughter Thaw's
Heart Is Bowed Down.
NEW YORK. April 12. -Hopelessly di
videdseven for a verdict of guilty of
murder in the first degree and five for
acquittal on the ground of insanity the
Jury which since January 23 last had been
trying Harry K. Thaw reported today,
after 47 hours and 8 minutes of delibera
tion, that it could not possibly agree on
a verdict. The 12 men were promptly dis
charged by Justice Fitzgerald, who de
clared that he. too. believed their task
was hopeless. Thaw was remanded to the
Tombs without ball, to await a second
trial on the charge of having murdered
Stanford White.
When this new trial will take place no
one' could tonight express an opinion. Dis
trict Attorney Jerome declared there were
many other persons accused of homicide
awaiting trial, and Thuw would have to
take his turn with the rest. As to a pos
sible change of venue, both the District
Attorney and counsel for Thaw declared
they would make no such move.
Jerome Will Oppose Ball.
Thaw s attorneys will have a conference
tomorrow with the prisoner to decide on
their next step They may make an early
application for ball. Mr. Jerome said he
would strenuously oppose it. He added
the belief that as seven of the Jurors had
voted for "guilty," his opposition proba
bly would be successful. In that event
Thaw has another long Summer before
him In the city prison, for his case on the
Blready crowded criminal calendar cannot
possibly be reached until some time next
Fall.
The scenes attending the announcement
by the Jury of Its inability to agree were
robbed of any theatricallsm by tho gen
eral belief that after their long delibera
tion and the report of a wide division
of sentiment, the jurors could make no
other report than one of disagreement.
How Thaw Received Xews.
Thaw, surrounded by the members
of his family, received the news in ab
solute silence. When It became known
that the Jury was about to make its
report. Thaw called his wife to a seat
by his side, and sat with his right
arm thrown about her until he was
commanded to stand and face the
Jurors. Smiling and confident as he
entered the court-room, ho sank limp
ly Into his chair when Deming B.
Smith, the foreman, in response to a
question by the clerk as to whether
a verdict had been agreed upon, said:
"We have not."
The mother, her features hidden be
hind a dense veil ot black, sat stolid
and motionless. In Ill-health of late,
she had felt severely the strain and
stress of the long hours of anxious
waiting. The wife gripped her hus
bands hand tightly as the Jury fore
man spoke, and then, when he sank
down by her side, she tried to cheer
him as best she could by saying that
she believed he would now be admit
ted to ball, and that a second Jury
would surely set him free. The mem
bers of the family, the sister, the
mother and the brothers, pale and
well-nigh exhausted by their tedious,
nerve-racking wait tor a verdict, were
permitted to speak with Thaw for a
few moments to bid him bo of good
cheer, before he crossed the "Bridge
of Sighs" to the cell which until a few
minutes before he had hoped that he
was about to quit forever.
Crowds Shut Out of Court.
Outside the big square Criminal
Courts building only a few hundred
persons were gathered. Thousands had
been there earlier In the day, but po
lice reinforcements had arrived with
Instructions to keep everyone moving,
and this had soon tired the Idle and
curious Into a willingness to depart.
The courtroom Itself was half empty.
Only the newspaper men, the court at
taches and a few favored friends were
allowed to enter to hear the verdict.
Justice Fitzgerald feared a demonstra
tion of some sort should the general
public be admitted, and he gave strict
orders against this.
It was 4:25 P. M. when the Jury filed
Into the courtroom. Harry Thaw had
been waiting for a summons to face the
Jurors ever since shortly after 10 A. M.
He felt that today would bring a crisis
and that either a verdict would be
reached or Justice Fltxgerald would dis
charge the Jurors from any further con
sideration of the case. This was the gen
eral belief, and the only remarkable fea
ture of the case was the dogged manner
in which the Jurors continued at their
task and declined to ask to be excused.
Justice Fitzgerald bad determined to let
them fight it out among themselves until
they should call for assistance.
This appeal came at 4:15 P. M., and
then followed a hunt for counsel, both
Mr. Jerome and the attorneys for the de
fense having temporarily left the building.
When they arrived Justice Fitzgerald no
tified them of the jury's communication
that a disagreement seemed inevitable.
Everyone connected with the case seemed
willing to accept the situation as offering
no hope, and then followed the brief
courtreom proceedings at which the dis
agreement was publicly announced, the
jury dismissed and the prisoner remanded.
Entering the courtroom at 4:25 P. M., the
Jury was free eight minutes later.
Thaw Deeply Disappointed.
Thaw, when he had returned to the
Tombs, gave out the following statement:
"I believe that every man on the Jury
possessing average intelligence, excepting
possibly Mr. Bolton, comprehended the
weight of evidence and balanced it for
acquittal. All my family bid me goodbye
with courage. I trust (D. V.) we may all
keep well."
To his attorneys Thaw said he was
deeply disappointed. "But I could hardly
expect anything else, in view of the
events of the last few days," he added.
Early in the day Thaw had given out
another statement in which he said he
"
Justice Fltxgerald, Who Tried Harry 1
K. Thaw. ,
had desired that his fate should be judged
on the "written laws of the State of
New York." He declared that he believed
the evidence adduced had convinced even
Mr. Jerome of his Innocence under the
strict letter of the law.
Hope for New Trial Speedily.
Dclpliln M. Delnias, who conducted
Thaw's case In court and who in making
his summing-up address to the Jury ap
pealed almost directly to the "unwritten
law", or "dementia Americana," as he
termed It, was not in court today when
the Jury made its report and was dis
charged. Clifford W. Hartrldge, the at
torney of record and warm personal
friend of Thaw, gave the following state
ment to the Associated Press:
"Mr. Thaw has already expressed him
self desirous of a trial under and in ac
cordance with the laws of the State of
New York. I can add nothing to that
except to say that I entirely agree with
him and hope that we shall have a new
trial speedily and that the next time It
will not be necessary for the presiding
Judge to have to charge the jury that
we are living in a civilized community."
Daniel O'Reilly, Clifford W. Hartridge,
A. Russell Peabody and John B. Gleason
acted as attorneys for Thaw today. It
was said that Mr. O'Reilly would have a
leading part in the future conduct of
affairs.
Battle In Jury Room.
The story of the proceedings in the
jury-room as they were learned tonight
far outranked In interest the brief court
proceedings which brought the famous
trial to a close. It developed that the
Jury had considered everything connected
with the case with the exception of the
"unwritten law," passing judgment en
tirely on the evidence. The jurors voted
for or against murder in the first degree
when they cast their first ballot. The
first vote was S to 4 in favor of con
viction. The jury tried to reach a common
ground on a verdict of manslaughter
in the first degree, the punishment for
which ranges to a maximum of 20 years'
Imprisonment. The men In favor of
acquittal voted largely on the ground
of insanity. They would not change
their ballots and In the end won over to
their side one of the eight who favored
conviction. During the nearly 48 hours
of deliberation only eight ballots wera
cast. The jury spent the two nlgnt
sessions dozing in their chairs.
Harney Tells Whole Story.
The entire story of what happened in
the Jury room from the time the 13
men retired at 6:17 o'clock on Wednes
day afternoon until they finally decid
ed this afternoon that the prospects o
a verdict were too remote to warrant
longer discussion of the facts was told
by one of the Jurors, Henry c. Harney.
The final ballot taken Just before the
Jury reported its disagreement In court
was as follows:
For conviction of murder in the first
degree Deming B. Smith, foreman;
Georgo Pfaff. No. 2: Charles H. Fecke,
No. 3; Harry C. Brearley, No. 6; Charles
D. Newton, No. S; Joseph B. Bolton, No.
11, and Bernard Gerstman, No. 12.
For acquittal on the ground of Insan
ity Oscar A. Pink. No. 4; Henry C
Harney. No. 5; Malcolm S. Fraser, No.
7; Wilbur F. Steele, No. 9, and John S.
Dennee. No. 10.
Mr. Harney said:
About ten minutes after we reached the
Jury room we took the first ballot, and It
resulted in a vote of eight for conviction of
murder in the flrt degree and four for abso
lute acquittal. The men who voted for con
viction were: Smith. Toreman: Pfaff, Fecke,
Brearley. Uennee. Bolton, Newton and
Gerstman.
The men who voted to set Thaw free were
Pink, Harney, Fraser and Steele.
Thirty minutes elapsed before the second
.(Concluded on Page
BOISE JURY HAS
III
BORAH
Charges Against Him
Not Given Out.
OFFICIALS WILL NOT TALK
People of Idaho Astounded by
Announcement.
BITTERLY RESENT ACTION
Many Refuse to Believe There Can
Be Grounds for Prosecution,
i
Senator May Be Taken Out of
Steunenberg Murder Case.
BOISE, Idaho, April 12. (Special.)
Tho correctness of the statement that
the United States grand jury voted
yesterday to indict Senator W. E.
Borah. In connection with the Barber
Lumber Company timber case, has
been fully established. What more
has been done remains to be revealed.
This morning the Jury filed into
court and returned a batch of indict
ments, but no one has perfect knowl
edge whether one was returned
against the Senator. While there is
doubt In many minds that it was re
turned at all, the source of this doubt
cannot be run down. In the afternoon
the grand jury was excused until June
17. ,
Not one of the indictments was made
public, and the court officers refuse
to tell whether there is one on file
against Borah. Judge Beatty, when
asked about it, said he did not look at
the names when he looked over the
papers, and did not know whether the
Senator was among those indicted.
District Attorney Rulck refused to de
ny or affirm, when asked if such in
dictments had been returner', and As
sistant District Attorney Joiirisort "an
swered in the same manner. All else
Is theory and rumor.
A story Is afloat that the grand Jury
refused to stand by Its action this
morning, but that does not receive
much credence. Another is that the
Department of Justice at Washington,
D. C, asked Ruick not to Indict the
Senator until it had passed upon the
matter. Some credence Is given to
this, by reason of the fact that the
unusual method of taking a steno
fraphlc copy of the testimony before
the jury has been followed, a copy of
the same going to Washington. It is
possible the Indictment and others will
be made public tomorrow, but there
is no forecast on that point.
The voting on the indictment has
caused a profound sensation here, and
it is bitterly resented, people refusing
to believe there is any ground for it.
Referring to official knowledge of his
indictment. Senator Borah declined to
make any statement on the subject.
An Important feature of the matter
is the understanding that the indict
ment will take Borah out of the Steun
enberg murder case, thereby crippling
the state.
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 71
degrees; minimum, 48.
TODAY'S Probably fair ; cooler; westerly
winds.
The Thaw Trial.
Jury disagrees after belli; out 4T hours and
taking: eight ballots. Page 1.
New trial to be held next Pall. Page 1.
Jurors tell about their deliberations. Fare 1.
Great cost of trial. Pace 2.
"Poreljirn.
Stormy scene In Russian Douma over de
mand for exclusion of indicted members.
Page 3.
Surrender of Amapala arranged by captain
of Chicago ; Bonllla refugee on cruiser.
Page 4.
Piteous appeal for aid to Chinese famine
sufferers. Page 3.
National.
President dedicates Rough-Rider monument.
Page 8.
Bailineer will hasten issue of Oregon land
patents. Page 2.
Politics.
Bryan makes attack on Roosevelt. Page 2.
Domestic.
Haskln describes character and habits of
Thomas Jefferson. Page 1.
Second day of Carnegie Institute ceremonies.
Page 3.
Mormon will celebrate golden wedding with
two wives who are sisters. Page 2.
Pacific Coawt.
Three Home Telephone millionaires expect
indictment. Page 1.
Shortrldge wins appeal on contempt case.
Page 1.
Reported indictment against Senator Borah
is confirmed. Page 1.
Puneral of Judge Boise at Salem. Page 5.
Referendum petitions turned down in Orant
County. Page 5.
Man Hunt In Lane County; Posse seeks In
vain for eccentric fugitive. Pare 5.
Sports.
Beavers win 12-lnnlng game. Page 7.
Spokane wins athletic tournament with
Multnomah. Page 18.
Commercial and Marine.
Local sugar prices may advance today.
Page 17.
Chicago wheat market excited by green-bus
reports. Page 17.
Stock bears drive prices lower. Page 17.
Steamship line between Portland and Co-
qutlle practically assured. Page 16.
fS ports.
WuJt - Side High School beats Columbia
University by score of 1 to 0. Page 7.
Portland and Vicinity.
Women's club has stormy session at an
nual election of officers. Page 10.
Federated Trades declares the Oaks amuse
ment resort on unfair list. Page 11.
Head of B'nai B"rith order bitterly attacks
American social system. Page 10.
Council plans to have free-water amendment
kept off official ballot. Page 11.
Municipal Association trying heroically to
save McKenna saloon ordinance. Page 18.
Hazel Daley, of Arleta. disappears from
home under strange circumstances.
Page 10.
SOMEBODY SHOULD THROW HIM AN
THREE RICH MEN
ARE VERY SCARED
Los Angeles Telephone
Men Hire Lawyer.
THEY ALL EXPECT INDICTMENT
Shortridge Wins Contempt
Case on Appeal.
NEED NOT GO TO PRISON
Motion to Again Disqualify Sheriff
and Coroner Causes Contest Be
fore Judge Dunne Denounced
as Creatures of Abe Ruef.
SAX FRANC IS CO, Cal., April 12.-(Special.)
As a. result of their two recent vis
its to San Francisco, three Lou Angeles
millionaires are badly scared citizens. A.
B. Cass, president of the Home Telephone
Company, of Los Angeles; J. S. Torrance,
financial backer of the corporation, and
J. H. Adams, of the Adams-Phillips Com
pany, have been forced to look the In
evitable in the face and admit to them
selves that, despite anything they or their
money can do, they are at the mercy of
the San Francisco grand Jury.
The refusal of Adams and Torrance to
testify before the grand jury yesterday,
when they were called to the witness
stand a second time, was due to the ad
vice of counsel, secured after their flrBt
appearance. George A. Knight, of the
San Francisco law firm of Knight & Heg
gerty, admitted today that he has been
retained to represent the Home Telephone
Company officials of Los Angeles, and
that their refusal to testify was due to
his advice. He admitted that he has al
ready been retained to defend Cass, Tor
rance and Adams, and that he made a
trip to Los Angeles a few days ago to
discuss matters with them and arrange
the method which t'ney were to adopt
when they were called to this city to com
plete the giving of their testimony con
cerning Home Telephone Company affairs.
Mr. Knight explained that he advised
the refusal to testify because he under
stood that his clients were to be indicted
regardless of what their additional testi
mony might divulge. He said:
"Yes, I have been retained by the Home
Telephone people, of Los Angeles. It was
under my advice that A. B. Cass, J. S.
Torrance and J. H. Adams availed them
selves of a right that Is guaranteed by
our Constitution and laws and Is as old
ANCHOR
as the civilized government. Bvery per
son who reads our San Francisco papers
must have noticed an authorised publica
tion by some one who Is not sworn to keep
secret everything that happens in the
grand jury room, to the effect that my
clients were to be indicted anyway: and
I could see no reason why, under the cir
cumstances, they should not avail them
selves, for the present at least, of a con
stitutional right."
SHORTRIDGE WINS OX APPEAL,
Defect in Contempt Proceedings.
Argument About Disqualifying.
SAN FRANCISCO, April 12. The Dis
trict Court of Appeals freed Samuel M.
Shortrldge from the contempt order and
Jail sentence imposed by Superior Judge
Dunne; Justice McFarland announced that
the State Supreme Court will not make
known before next Monday its decision
on Abraham Ruef's application for release
on habeas corpus from the custody of
Elisor Blggy; Judge Dunne reiterated his
total lack of confidence In the Sheriff and
the Coroner to honestly summon a fresh
venire of talesmen to complete the Ruef
trial panel and adjourned court until
next Monday to give the defense an oppor
tunity to prepare counter-affidavits in sup-
Theodore Hardee, Assistant to the
President of the Lewis and Clark
Fair, Who Has Been Appointed
Executive Officer of the Interna
tional Arbitration and Peace Con
gress. port of Its objection to the re-disqualification
of the Sheriff and the Coroner. These
were today's developments in the bribery
graft investigation. No session of the
grand jury was held.
Where Judge Dunne Erred.
Mr. Shortridge, of Ruef's counsel, more
than a month ago was by Judge Dunne
declared guilty of contempt of court and
ordered confined In the County Jail 24
hours, because after repeated admonitions
to sit down he persisted in objecting to
a question asked of Coroner Walsh during
the examination of that official incident
to hia sworn declaration that he the
Sheriff having been disqualified was un
able to find and arrest Ruef, a fugitive
from justice. The Appellate Court In re
fusing to sustain Judge Dunne takes the
position that the latter, as respondent to
Shortridge's application for discharge on
habeas corpus, failed to set forth the fact
that at the moment of the declared con
tempt Shortridge's client, Ruef, was a fu
gitive from justice.
The Supreme Court sits in Los Angeles
next Monday, and the Justices departed
today for the South. There was a gen
eral Impression abroad that they would
eUher make known their decision in the
Ruef habeas corpus before leaving the
city or would direct that it be announced
after their departure. Justice McFarland
corrected this Impression by saying today
that the court has not yet determined
the matter and will not announce the re
sult before Monday.
Attack on O'Neill and Walsh.
In Judge Dunne's court a lively session
was held. Ruef's prosecutors moved the
re-dlsquallflcatlon of Sheriff O'Nell and
Coroner Walsh for bias and prejudice in
favor of the defendant, the ordering by
the court of a special venire of 100 or
more names from which to complete the
trial panel, ana the appointment of an
elisor to summon the veniremen. The
defense objected with a show of spirit,
and a verbal battle between counsel fol
lowed. The prosecution filed affidavits
to prove personal Interest of the Sheriff
and the Coroner and, though Judge Dunne
stated from the bench that he had no
confidence In those officials and was satis
fied that they could not properly be
allowed to summon additional jurors or
have charge of the jury after it had been
chosen, he nevertheless granted the de
fense until Monday morning to prepare
affidavits in contravention of those filed
by the state. The court refused to per
mit witnesses to be called in refutation
of the charges of bias, stating that in the
form of affidavits only would counter
testimony be admitted. Adjournment was
taken over Sunday.
Attorneys Cross Swords.
Replying to the motion of Mr. Johnson,
the special prosecutor, for the disquali
fication of the Sheriff and Coroner and
the appointment of an elisor, Henry
Ach. for the defense, requested that Mr.
Johnson separate his motions.
"For." he said, "there will be no neces
sity of disqualification and appointment
unless the special venire Is ordered. Let
the gentleman address himself first to
the motion for a special venire. Should
the court deny that motion, the sum
moning of jurors from the regular list
would be a mere ministerial act, and any
body could perform it."
"The last part of Mr. Ach's state
ment," replied Johnson, "Is untrue. The
Sheriff having already been disqualified
in this case, the summoning by lilm of
any jurors would lnvolldate their service
and render the whole panel liable to
challenge."
The first affidavit, read by Mr. Johnson,
JEFFERSON. WHOM
DEMOCRATS LOVE
Proudest of Writing
Declaration.
HIS SERVICES TO THE COUNTRY
Most Methodical in Keeping
Record of Events.
SECRETS OF EARLY DAYS
Father of Democracy, Whose Birth
day Is Celebrated Today, Loved
Fiddling, Writing, Mathemat
ics and Building Houses.
BY FREDERICK J. HASKIN.
WASHINGTON, April 7 (Special
Correspondence.) One hundred and
sixty-four years ago today Thomas
Jefferson was born at Shadwell, Vo.
Since the time of his death at Monti
cello, adjoining Shadwell, at the age
of 83, his birthday has been celebrat
ed almost every year. In the lart two
or three decades the Jefferson day
celebrations have generally taken the
form of banquets arranged by Demo
cratic political clubs, and many of
them have been the occasion for the
launching of a "boom" for some par
ticular candidate or of some new pol
icy It Mr. Jefferson were asked, there
is little doubt that he would frown
upon the whole thing. While he was
President a friend asked him:
"What Is the date of your birth, Mr.
President?"
"Of what possible concern Is that to
you?" queried the great Democrat in
reply.
"We wish to celebrate it fittingly."
The President then said:
"For that reason I decline to enlight
en you. Nothing could be more dis
tasteful to me than what you propose
and, when you address me, I shall be
obliged if you will omit the 'Mr.' "
His Many Works and Honor,.
Such was the man who left behind
the Inscription to be placed on his
grave-stone:
"Here was burled Thomas Jefferson,
author of the Declaration of Independ
ence, of the statutes of Virginia for re
ligious freedom, and father of the
University of Virginia."
The request was complied with, and
the stone which marks the last rest
ing place of this great American dt i
not disclose the fact that he was twice
President of the United States, that he
was Vice-President and Secretary of
State, that he was Governor of Vir
ginia or that he had been honored In
many other ways by the people of his
state and of the new Nation which he
helped to found.
No mention Is made of the fact that
the man burled there was he who broke
the power of the Barbary pirates, to
whom European nations had paid trib
ute for years; that it was he who ex
tended the dominion of the United
States across the great Mississippi by
the Louisiana purchase; that it was
he who claimed the rich Oregon coun
try for the Stars and Stripes by send
ing his private secretary, Meriwether
Lewis, with Captain William Clark to
explore the great unknown f.'orthwest;
that It was he who opened up the
States of Ohio and Indiana and Illinois
and others of the Northwest Territory
by Inducing the quarreling states to
cede the territory to the general Gov
ernment. Nor does that simple stone
legend record the fact that under it
lies buried the man who drafted a
charter for the first Republic of
France, the man who led the fight
against the odious sedition laws en
acted by Congress in a wave of re
action toward monarchism and which.
If they had been allowed to stand,
would have cut off the rights of free
speech and a free press In the United
States.
Kept Hecord of Everything.
Six feet, two Inches tall, with sandy
red hair, light hazel eyes, an angular
face and a thin, awkward body
Thomas Jefferson wes not a prepos
sessing man In appearance. In his
habits he is method Incarnate. No
public man of America has left so
much in writing of the history of the
times and of the history of his own
thoughts. Jefferson seems to have
been writing all the time. He kept
every letter or scrap of writing that
came into his possession, and he pre
served a copy of every letter he wrote.
For many years, especially while on
his mission to France, he kept copies
of his letters by means of impressions
on wet tissue paper, the ordinary copy
press method. Unfortunately, most of
these Impressions are so faded that
thev cannot be made out. Jefferson
realized the inadequacy of that method,
and therefore betook himself to the
most irksome and laborious method
possible of keeping copies of the let
ters he wrote.
He employed what he called a
"polygraph," but what is now called a
pantagraph, and Is used for copying
or enlarging drawings. This cumber
some Instrument was made of sliver,
and was a series of connecting parol-
(Concluded on Pare 2-
(Concluded on Page 8.)