VOL. XL.VI NO. 14,470.
PORTLAND, OREGON, WEDNESDAY, APRIL 24, 1907.
PRICE FIVE CENTS.
ROOSEVELT
REPLIES TO
S CRITICS
Right to Denounce
Moyer, Haywood
and Debs
WHY THEY ARE UNDESIRABLE
Incite to and Apologize for
Bloodshed and Vio
lence. JUST AS BAD AS HARRIMAN
Men Who Defend Them Try to
Coerce Courts.
IF GUILTY, PUNISH THEM
President Says Federationlsts Not
Exempt From Criticism Because
on Trial Champions of Vio
lence Discredit the Unions.
WHAT KOOSEYELT SAID FIRST.
Fallowing 1 th passage from
President Kooievalt's letter to Con
inumtn Sherman which bu caused
protest from sympathisers with
Moyer, Haywood and Pettlbone:
"You asked him (Harrlman) If he
thought it waa well to see Heaxst
Ism and the like triumphant over the
Republican party. You inform me
that he told you that he did not care
In the least, because those people
were crooked and he could buy
them; that whenever ha wanted leg
islation from a State Legislature he
could buy It; that he could buy Con
gress, and that he could buy the Ju
diciary. This wai doubtless' said
partly in boastful cynicism and part
ly In a mere burst of bad temper
over his objection to the Interstate
commerce law and to my actions as
President. But it shows a cynicism
and a deep-seated corruption which
make the man uttering such senti
ments and boasting, at least as un
desirable a citizen as Debs or Moyer
or Haywood."
WASHINGTON. April 23. In a letter
addressed to Honore Jackson, of Chi
cago, chairman of the Cook County
Moyer-Haywuod conference, made pub
lic today. President Roosevelt replies
to the criticisms of his recent letter,
in which hv referred to - Moyer and
Haywood, officials of the Western Fed
eration of Miners, charged with impli
cation in the murder of ex-Governor
Steunenberg, of Idaho, as "undesirable
citizens." The President says he re
grets that any body of men should so
far forget their duty to their country
as by formation of societies or in other
ways to endeavor to Influence Justice
and coerce court or Jury; that they, not
lie, are trying to influence justice, and
he condemns what he calls their flag
rant Impropriety in the matter.
He says that he indicated no opinion
as to thlr guilt of the Steunenberg
murder, but that it was a simple ab
surdity to suppose that, because a
man is on trial, he is free from criti
cism as to his manner of life. He says
he might as well be accused of trying
to Influence the suits against Harrl
man. some of whose friends had also
criticised him. He says that Moyer and
Haywood stand as representatives of
those who habitually appear as guilty
of incitement to or apology for blood
shed and violence. He adds that he
Is profoundly indifferent to the con
demnation of him for his criticisms
of the undesirable types of citizens, re
gardless of power of either labor or
capital. The President's letter to Jack
son follows:
Try to Influence Justice Other Way
"Washington. Aoril 22, 1 907. Dear
Blr: I have received your letter 0f the
19th inst. In which you enclose the
draft of formal letter which is to fol
low. 1 have been notified that several
delegations bearing similar requests
are on the way hither. In the letter
you, on behalf of the Cook County
Moyer-Huywood conference, protest
against certain language I used in a
recent letter, which you assert to be
designed to Influence the course of
juatlce In the case of the trial for
murder of Messrs. Moyer and Haywood.
"1 entirely agree with you that It Is
improper to endeavor to influence the
course of Justice, whether by threats
or In any similar manner. For this
reason I have regretted most deeply
the action of such organisations as
your own in undertaking to accomplish
this very result on the very case of
Which you apeak. For instance, your
letter is headed, 'Cook County Moyer-Haywood-Pettlbone
conference,' with
the headlines: 'Death cannot, will not
and shall not claim our brothers.' This
shows that you and your associates
are not demanding a fair trial or work
ing for a fair trial, but are announc
ing in advance that the verdict shall
only be one way, aand that you will
not tolerate any other verdict. Such
action is flagrant in Its impropriety,
and I Join heartily in condemning it.
Not Exempt From Criticism.
"But it is a simple absurdity to sup
pose that, because any man is on trial
for a given offense, he Is therefore to
be freed from all criticisms upon his
general conduct and manner of life. In
my letter to which, you object I re
ferred to a certain prominent financier,
Mr. Harrlman. on the one hand, and
to Messrs. Moyer, Haywood and. Debs
on the other, as being equally unde
sirable citizens. It is as foolish to
assert that this waa designed to In
fluence the trial of Moyer and Hay
wood as to assert that It was designed
to Influence the suits that have been
brought against Mr. Harrlman. I
neither expressed nor Indicated any
opinion as to whether Messrs. Moyer
and Haywood were guilty of the mur-
Kear-Admlral Robley D. Evans, Com
mander of American fleet at
Jamestown.
der of Governor Steunenberg.' If they
are guilty they certainly ought to be
punished. If they are not guilty they
certainly ought not to be punished.
Undesirables in Both Classes.
"But n possible outcome either of the
trial or the suits can affect my Judgment
as to the undeslrablllty of the type of
citizenship of those whom T mentioned.
Messrs. Moyer, Haywood and Debs stand
as representatives of those men who have
done as much to discredit" the la'bor' move
ment as the worst speculative financiers
or most unscrupulous employers of labor
and debauchers of Legislatures have done
to discredit capitalists and fair-dealing
business men. They stand as the repre
sentatives of those men who by their
public utterances and manifestos, by the
utterances of the papers they control and
Inspire, and by the words and deeds of
those associated with or subordinate to
them, habitually appear as guilty of in
citement to or apology for bloodshed and
violence.
"If this does not constitute undesirable
citizenship there can never be any unde
sirable citizenship. The men whom I de.
nounce represent the men who have aban
doned the legitimate movement for the
uplifting of labor, with which I have the
most hearty sympathy; they have adopted
practices which cut them off from those
who lead this legitimate movement. In
every way I shall support the law-abiding
and upright representatives of labor, and
In no way can I better support them than
by drawing the sharpest possible line, be
tween them on the one hand and on the
other those preachers of violence who are
themselves the worst foes of the honest
laboring man.
Trying to Coerce Courts.
"Let me repeat my deep regret that any
body of men should so far. forget their
duty to their country as to endeavor by
the formation of societies and In other
ways to Influence the course of Justice In
this matter. I have received many such
letters - as yours. Accompanying them
were newspaper clippings announcing
demonstrations, parades and mass meet
ings designed to show that the repre
sentatives of labor, without regard to the
facts, demand the acquittal of Messrs.
Haywood and Moyer. Such meetings can
of course be designed only to coerce
court and jury in rendering a verdict, and
they therefore deserve all the condemna
tion which you in your letter say should
be awarded to those who endeavor Im
properly to Influence the course of Jus
tice. "You would, of course, be entirely
within your rights If you merely an
nounced that you thought Messrs. Moy
er and Haywood were 'desirable citi
zens,' though in such case I should
take frank issue with you and should
say that, wholly without regard to
whether, or not they are guilty of the
crime for which they are now being
tried, they represent as thoroughly an
undesirable type of citizenship as can
be found in' this country, a type which
in the letter to which you so unrea
sonably take exception, Z showed not
to be confined to any one class, but to
exist among some representatives of
great capitalists as well as among some
representatives of wageworkers.
Condemns Both Bad Types.
"fn that letter I condemned both
types. Certain representatives of the
great capitalists in turn condemned ma
tor Including Mr. Harrlman in my con
demnation of Messrs. Moyer and Hay
wood. Certain of the representatives
of labor In their turn condemned me
because I included Messrs. Moyer and
Haywood as undesirable citizens, to
gether with Mr. Harrlman. I am as
profoundly indifferent to the condem-
iCooduded on Page 3.)
. , jpKWK-''V 15', I I
I w- 1 I
r f i i
t O J :
-. i
SKILFUL DEFENSE
BY . WQRTHIH6TQN
Best Possible Face on
Hermann's Case.
CUSTOM TO DESTROY BOOKS
Character Witness Against
Land-Fraud Men.
ONLY INFERENCES DRAWN
Counsel Denies Existence of Direct
Evidence of Complicity In Land
Frauds Excuses for Dividing
Robertson's Salary.
ORE'jONIAN NEWS BUREAU, Wash
ington, April 23. The argument made
today by A. S. Worthlngton, counsel for
BInger Hermann, will do more to stave
off conviction of the ex-Congressman
and ex-Land Commissioner than all the
evidence submitted by the defense, in
cluding the testimony of the defendant
himself. Mr. Worthlngton Is recognized
as the leading criminal lawyer of
Washington and his argument today
sustained his reputation. He made the
most out of what Is generally regarded
as a very bad case. Mr. Worthlngton
did not resort to oratory; he had a
long heart-to-heart talk with the jury
and, if anything can save Hermann, it
will be this argument. Counsel did not
conclude this evening, as was ex
pected. Mr. Worthington dwelt long on the
character of the 'leading witnesses put
on the stand by the Government, men
convicted or indicted for land frauds.
The word of these men, he said, was
put up against the word of .Hermann,
whose good character was vouched for
by many prominent citizens in public
life. Mr. Worthington ridiculed the
tenor of the evidence relating to what
he termed "an effort to blacken the
character of the defendant by drawing
inferences of petty graft which could
not be substantiated."
Way He Divided Robertson's Pay.
"The position taken by Hermann
with reference to the division of Rob
ertson's salary was a perfectly nat
ural one," the attorney continued. "You
have seen the enormous amount of bus
iness this defendant had to transact,
too much for one man to care for, and
was it not to be supposed an arrange
ment should be made to pay Robert
son fair compensation and the balance
of the money to another man to assist
him? That is what Hermann said was
the case, and there is no evidence to
the contrary."
Mr. Worthlngton also declared there
was no testimony to show the defend
ant as receiver of the Roseburg Land
Office In 1373 was dismissed for viola
tion of the law incident to taking up
TWO (JOlDAISIES j
a...ee. see a see s.sseseaeassseeaessaoe esse eases ssasooseaaeseasssaa see,
land claims, when in the public serv
ice. '"Questions which the -Government in
troduced along, this line absolutely
failed of affirmative answer.", .counsel
nssertcd, "and I claim the queries were
unfair, because they were simply cal
culated to place the inference before
you."
Customs of Land Office.
Taking up the actual question at Is
sue. Mr. Worthlngton read the series
of prayers for instruction to the jury
granted by the court and laid great
stress upon the ground "that the Jury
must find for the defendant unless they
believe beyond reasonable doubt the
letter-press copybooks were ' required
to be kept by usage and custom of the
General-Land Office; that ' they con
tained copies of official letters and that
(Copyright 1904, by Walden Fau
cet t.)
Baron Speck von Sternberg, German
Ambassador to United States, Who
Carrie. Mesne. ge From ' President
Roosevelt to Kaiser WUhelm About
Hague Conference.
copies were required to -he keDt for
purposes of reference in connection
with the business of the office."
Mr. Worthington argued tnat the
custom of the Land Office was Just
opposite from the contention of the
Government and that each succeeding
Commissioner treated as "personal and
private" the letter-books kept In his
own office.
Mr. Worthlngton devoted considera
ble time to a review of the various
classes of letters which went Into the
destroyed books. He took many ac
tual letters to illustrate his contention
that "no sane man could have had in
timate personal communications, such
as correspondence by Hermann with
members of his family and close friends
copied into letter-books which were to
remain of record in the General Land
Office for all future time."
Witnesses Under a Cloud.
Mr. Worthington made a calculation
on a blackboard by which he sought
to show, if Hermann had written let
ters at the rate of 30 per day, as al
leged by the Government, at least 185
letter-books Instead of 35 would have
been required to contain them.
He touched on the evidence Intro
duced to show Hermann's complicity
In various land frauds conspiracies,
admitted that Hermann' had correspon
dence with men convicted of land
frauds, but cautioned the jury that that
fact alone would not Justify a verdict
of guilty. He also emphasized Her-
(Concluded on Page 3.)
mm, .'A..i.i'.j...,Mj )j ...i.".'Mji"M.Mwia.-'vw
: f . i i
RHODE -ISLAND i
LONGER FOR SALE
Brayton Fails to De
liver Senatorship.
DEADLOCK REMAINS UNBROKEN
Last Desperate Effort to Elect
Colt Fails.
POWER OF BOSS IS GONE
Reform Forces Stand Firmly by
Goddard and Shatter Attacking -Cohorts
of Overlord of Rot
ten Boroughs.
PROVIDENCE, R. I., April 23.-(Spe-
clal.) The most remarkable fight in the
hlstorv of Rhode Island politics came to
a close at 6:30 o'clock tonight, when.
after 14 weeks of continuous balloting for
United 8tatea Senator, the Joint assembly
adjourned eln die without bringing
about an election. Colonel Samuel Pom
eroy Colt president of the United States
rubber trust- la eliminated from the poll,
tical map. - General Charles R. Brayton,
"the blind boss," Is tonight a nonentity,
all his power shattered forever, and
Rhode Island has redeemed herself from
the stigma of "a state for sale."
Colonel R H. I. Goddard, the candidate
of the Lincoln and Democratic parties
and the reform element of the Republi
cans, led In the fight from the first ballot
on January 16 last, to the 81st this evening.
Ex-Senator Wetmore has also maintained
his nosltlon throughout the struggle.
Despairing Effort of Brayton.
Yesterday the Colt forces, which In
clude all the old machine gang that has
brought constant discredit to the state
for the past 20 years, secured a snap en
dorsement from the majority of the mem
bers of the executive committee of the
Republican State Central Committee,
most of whom are cogs in the machine.
This endorsement brought out into the
open, as Colt's right-band man. Gen
eral Brayton. The result of the move
ment was the solidification of the reform
forces against Colt and Brayton and,
though 25 ballots were taken today and
pressure of every kind was brought to
bear on the opposition, the session ended
without change, with the exception of
one defection from Wetmore to Colt.
Colt and Brayton's Power Broken,
Colt had been publicly branded as un
fit throughout the entire contest. During
the past year every newspaper of promin
ence in the state with one exception had
been subsidized by him, two of them
being practically owned by him today.
He has had possession of all the ma
chinery of the State Central Committee
and the support of Brayton, who is the
National Republican committeeman from
Rhode Island, and who up to today has
been the verIord and master of all the
rotten boroughs In the state. Tonight
the power of both Is shattered.
Until January next Rhode Island will
have but one United States Senator. The
final ballot stood as follows:
Colt. 39; Wetmore. 30. Twenty-five bal
lots were taken at today's sitting.
FOLLOW MRSEDDY'S LEAD
Eminent Men Enlist in Organizing
Peace Society.
NEW YORK. April 23. With Mrs.
Mary Baker G. Eddy as Its American
founder, and Andrew Carnegie, Seth
Low, Nicholas Murray Butler and other
American publicists identified with the
movement, the American branch of the
Association for International Concilia
tion was organized today. Offices for
the American department of the asso
ciation have been opened at 642 Fifth
avenue, and from there a Pan-American
peace propaganda will be circu
lated. With international peace as its
object, the association alms to secure
workers in every National- hall of leg
islation In the cause of peace.
The suggestion that Mrs. Eddy be
come the founder of the American
branch was made after a meeting held
Thomas F. Ryan, Whose Virginia
Agent Killed Man Under Unwrit
ten Law and Who is Expected to
Defend Him.
in the first Church of Christ, Scien
tist, Boston, last week.
Baron d'Estournelles de Constant,
member of the French Senate, the
founder and world's president of the
association, was present at today's
meeting. He said the purpose of the
organization is to fight for a perfect
system of International arbitration.
Andrew Carnegie and Andrew D.
White are the honorary presidents of
the association; Nicholas Murray But
ler Is president. Congressman Richard
Bartholdt vice-president and Robert H.
Franks treasurer. ' It was voted to
name a committee of three, consisting
of President Butler, Congressman
Bartholdt and Hayne Davis, to prepare
for the establishment of new branches
of the association In each of the South
American Republics.
AVENGE A CRIPPLED ARM
I'atlier and Son Join In Shooting Its
Cause Dead.
SALT LAKE, Utah, April 23. A fatal
shooting, the result, It is said, of a
feud of long standing, occurred today
at Moab, near the Colorado line. Ac
cording to reports received, William
Young and his son, Charles, met
Charles Wilkinson In the road and,
after making him throw up his hands,
shot him dead.
Several years ago Wilkinson shot the
elder Young in the arm, crippling him.
Standard Buys Illinois Oil Field.
NEWARK, O., April 23. Edward M.
Everett of this city and August Bor
cthe, of St. Louis, have sold their in
terests in the Illinois oil field to the
Standard Oil Company for 750,000.
.................... ......T
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 57
degrees; minimum. 41.
TODAY'S ShowerB; westerly winds.
Foreign.
Great . docks and arsenals of Toulon burned
by Incendiaries. Page 4.
Archduke Leopold of Austria divorces wife
for whom he forsook title. Page Si
National.
Roosevelt defends description of Moyer and
Haywood as undesirable citizens and de
nounces lawless labor leaders. Page 1.
Taft will go to Philippines after speaking
in Ohio, but will not talk politics. Page
2.
Greatest .American fleet gathered at James
town. Pago 3.
Politics.
Rhode Tsland Legislature adjourns without
breaking Senatorial deadlock; power of
Brayton broken. Page 1.
Oomestlc.
Haskln on thoroughbred horses. Page 5.
Harrlman testifies about theft of letter.
Page 2.
Kansas' new plan to enforce prohibition.
Page 5-
Philadelphia woman gives f 1,000,000 for
negro education. Page 5.
Railroads must give party rates to every
body. Page 5. i
Worthlngton argues in defense of Her
mann. Page 1.
Ryan's Virginia agent kills man who dls-'
honored his daughter. Page 1.
Harri man's scheme for great tunnel under
lake at Chicago. Page 3.
Delavan Beresford's negro wife contests his
will. Page 3.
Government to mediate in Rio Grande wage
dispute. Page S-
Sports.
Multnomah Club drops two members for
professionalism. Page 7.
Portland loses first game with Los Angeles.
Page 7.
Twin Sullivan gets decision against Mellody.
Page 7.
t Portland and Vicinity.
Water Board buys Piedmont system. Page
10.
Hotel planned for Portland Heights. Page
10.
Heavy rails being laid on Front-street line
10.
Site selected for new City Jail. Page 10.
EXECUTION
L
Virginia Father Shoots
Libertine Dead
DAUGHTER'S STORY OF SHAME
Judge Loving, Manager of Ry
an's Estate, Avenger.
RAGE MAKES HIM INSANE
Young Man of Old Virginia Family
Takes Girl for Drive, Drugs and
Assaults Her Loving
Gives Bail.
RICHMOND. Va,, April 23. (Special.
--Judge W. G. Loving, who yesterday
shot and Instantly killed Theodore
Estes, a well-known young ms.n. Imme
diately thereafter surrendering to the
authorities, was this morning released
from custody by John W. Payne. Ball
Commissioner of Amherst County. The
ball was fixed at $5000, several prom
inent citizens going on Judge Lov
ing's bond.
Two negroes, who were actual spec
tators of the shooting, were the prin
cipal witnesses. Judge Loving left
Immediately after the hearing for his
home, accompanied by friends. He re
fused to dlfccuss the shooting or the in
cidents leading up to It. He xtated
that the full story will be given out
when the matter finally comes before
the courts.
Shoots Estes Dead.
From the witnesses, however, it was
learned that Judge Loving called at
the store of Estes & Son at Lovlng
ston and inquired for the young man.
Not finding him there, Judge Lovinjj
drove back to Oak Ridge, whsr-i he
found Estes In a box-car superintend
ing the unloading of fertilizer. Judgo
Loving drew a shotgun from the bot
tom of his carriage and walked up
to the car, ordering the negroes to
stand out of his way. To Estes he
said:
"So you were out driving with the
ladles last night, were you?"
Estes, realizing his position, denied
that he was. Judge Loving, without
any further warning, fired twice, both
shots taking effect, and the youn$r man
dying in less than five minutes. Judge
Loving then said to the negroes, who
hurried to the side of the fallen man:
"It Is no use; he is dead. I shot to
kill."
Commissioner Payne, after the hear
ing, made the following statement:
Story of Estes Crime.
"Judge Loving heard that Estes had
taken his young daughter, Elizabeth,
out driving Sunday night. The ',irl
was returned in a drugged condition,
unconscious and disgraced. Judgu Lov
ing waited until he could obtain the
full story of the drugging and assault
from the lips of the girl herself be
fore going In search of Estes. Judgo
Loving said that, when he heard the
story from his daughter, he was driven
Insane, and that nothing could have t
deterred him from his purpose. When
the father of Estes heard of the trag
edy he started for Oak Ridge with the
avowed Intention of killing Judge Lov
ing. The, entire community is In an
excited condition."
Ryan Will Aid Defense.
Judge Loving was manager of the
Virginia estate of Thomas V. Ryan,
the millionaire, with whom he was
reared as a boy. Ryan will probably
interest himself In the defense when
the case comes to trial. Both of the
families are prominently connected
throughout the state, Estes being a
brother of the wife of a brother of
Governor Claude A. Swanson.
RESTRAIN TOM JOHNSON
Injunction Issued Against Him and
His Company.
CLEVELAND, 6., April 23. The first
chapter in the revival of Cleveland's street
railway, fight came late today, when a
temporary injunction was granted by
Judge Ford against Mayor Johnson and
the Forest City Railway Company on ap
plication of the Cleveland Electric Com
pany from operating on Central and
Quincy avenues, where the Cleveland
fcjlectric Company's franchise has expired
and from which lines the latter company
proposed to suspend all operations at mid
night tonight.
"The application for the injunction was
based on the alleged financial Interest of
Mayor Tom L. Johnson In the Forest City
Railway. Judge Ford set the hearing for
a permanent Injunction for 8 o'clock to
morrow. He Pales When Identified.
SAN FRANCISCO. April 23. Taken to
the city prison in an automobile, 17-year-old
Ethyl Hergaton this morning posi
tively identified Alvin Eddy as the , man
who attacked her last Friday night after
volunteering to escort her from a car to
her home. She picked him out from a
group of 16 prisoners and exclaimed:
"That's the man; I'd know him in the
thousand."
Eddy paled and seemed on the point
of collapse when the girl made her identi
fication. Later she swore to a complaint charging
him with assault, and he was arrested
with ball fixed at S20.000.
UNWRITTEN
II,