I
Jfcmittir Jail llitpmm
VOL. XLVI.-XO. 14,480.
PORTLAND, OREGON, MONDAY, MAY 6, 1907.
PRICE FIVE CENTS.
BIG CAB STRIKE
ON IN BUY CITY
No Wheels Turn for
United Railways.
EFFORT TO RUN GARS TODAY
Company to Operate Inde
pendent of Union.
2000 MEN HAVE QUIT WORK
Several Hundred Experienced Men
Said to Be on Hand to Take the
Place of the Strikers Will Call
for Troops If Trouble Arises.
SAN FRANCISCO. May 5. This city
Is again in the throes of a bitter indus
trial strife. For the third time since
the disaster of a little more than a year
ago. San Francisco Is walking because of
the declaration of a strike on all the
streetcar lines in the city by the Car
men's Union, the second strike of the car
men within eight months.
Only two streetcars were in operation
In San Francisco today. These were per
mitted to run on the Union-street line,
which extends from' Van Ness avenue to
the Presidio. This short road of 12 blocks
was considered too Insignificant by the
carmen to be Interfered with, but not a
car moved on the many lines of the United
Railways.
Added to this tie-up of the streetcars Is
the strike of the telephone girls and that
of S000 Ironworkers. Without transpor
tation facilities and with a very much
crippled and Inadequate telephone service.
It is feared that business will be almost
at a standstill.
The Civic League has been very active
all day endeavoring to end the strike and
bring about a settlement of all the strikes
by arbitration, but has met 'with no suc
cess. A notice has been posted by the
United Railways at all carbarns giving the
carmen until Tuesday morning to return
to m-ork or consider themselves dis
charged. Intense activity prevails at all
the carbarns and all preparations by the
company are Indicative of- a bitter and
determined fight.
Men Want Eight Hours and $3.
In lieu of the streetcars today there
was a nondescript collection of vehicles,
from sleek automobiles to ramshackled
express wagons, conveying at varying
prices those who did not care to walk
from the Ferry building uptown and to
and from various sections of the city.
This condition- was brought about by
the action of the motormen and con
ductors of the United Railways at an
early hour this morning, when they
voted to declare a .strike after having
failed to obtain an eight-hour day and
a flat wage of J 3.
In previous strikes of carmen in this
city the California and Geary-street
systems have continued operations, sub
ject .to the settlement reached on the
United Railroads, or the big system.
But today the Geary and California
street lines are silent. The motormen
and conductors have already been re
inforced by the stationary firemen, who
have demanded recognition of their
union and an increase of wages from
J2.75 to 13.25 per day. It Is very prob
able that other allied unions will come
to the support of the platform men.
Will Make Effort to Run Cars.
There was no disorder today, as no
attempts were made by the railway
officials to take cars from the barns,
but it is expected that the effort will
be made tomorrow. President Patrick
Calhoun has made the significant state
ment that the United Railways would
be operated independently of the Car
men's Union, and if resisted, would de
mand from the city and state puthor
ltles the full protection warranted by
law.
The decision of the carmen to walk
out was reached at 3:30 o'clock this
morning, after several hours of warm
discussion. Fifteen hundred men as
sembled at 1 A. M., and when the meet
ing came to order President Richard
Cornelius, of the union, introduced a
motion to adopt the schedule of S3 and
eight hours. The motion was greeted
with great applause and every speaker
who favtred it was heartily cheered.
At 3:1R o'clock the meeting was wrang
ling over the question of taking a
secret ballot, or a standing vote. The
conservative members of the union
were in favor of a secret ballot, but
they were strongly outvoted by the
radicals, and at 3:25 A. M. a motion
to strike was adopted by an over
whelming majority. The meeting broke
up in confusion.
As soon as the men on the owl lines
were' notified the cars were run into
the barns and 2000 men were out of
employment.
Slay Ask Aid of Troops.
The officials ot the United Railways
have been making elaborate prepara
tions to run cars In the event of a
strike, for some time, and they claim to
have several hundred experienced men
ready to take the place of those who
have quit. A number of carbarns and
warehouses have been provided with
accommodations for the sustenance and
lodging of the strikebreakers.
In the event of the city and state
being unable to provide protection in
the case of serious trouble, Federal
assistance may be invoked, on the
ground that the United Railroads In
vestment Company, of New Jersey,
which Is the holding corporation of
the United Railroads, is a corporation
foreign to" this state.
It is reported that Farley, the noted
strikebreaker, is in the city, and that
he will have charge of the strikebreak
ing operations.
Refuse to Arbitrate.
A committee from the Civic League of
San Francisco, which consists of dele
gates from the leading commercial, civic
and labor organizations, today endeavored
to bring about a settlement of the indus
trial strife in this city. A committee from
the league consisting of Norton C. Wells.
Isidore Jacobs, Frank W. Marvin. A. W.
Scott, Jr., and Robert A. Roos,' all prom
inent business men, called upon Henry T.
Scott, president of the Pacific States Tel
ephone & Telegraph Company; President
Calhoun, of the United Railways, and
President Cornelius, of the Carmen's
Union, and requested them in the inter-
Clarence S. Darrow, Chief of Counsel
for Federation Officials at Boise. f
-4
ests of the city and of the public to sub
mit the differences which have resulted
In the strike, to arbitration. They were
met with positive refusals.
Heavy shutters and iron screens were
being placed at the windows of all the
barns and carhouses. Indicative of a bit
ter and determined fight on the part of
the company. Preparations are being
made to feed and house a large number
of strikebreakers.
Free From Violence.
Only two streetcars were In opera
tion in San Francisco today. These were
running on the Union-street line, which
ia 73 blocks long and runs from Van
Xeas avenue to the Presidio. The road
was allowed to operate by the carmen's
union because of the shortness and in
significance of the line and the fact that
it does not affect the transportation situ
ation In the city.
Although three large strikes are on, the
city was remarkably quiet today. Not a
single instance of violence was reported.
This was largely due to the fact that no
attempt was made to run cars and that It
was Sunday.
LIXEMEX'-MAV ALSO GO OUT
Hold Meeting to Discuss Question
of a Sympathetic strike.
SAN FRANCISCO. May 5. The linemen
of the Pacific States Telephone & Tele
graph Company held a meeting today and
were In conference with committees from
the labor council and from the striking
telephone girls on the question of declar
ing a sympathetic strike in support of the
latter. No decision was arrived at so
far as can be learned, and another meet
ing will be held tomorrow morning.
There was practically no change in the
telephone or iron workers strike today.
LOS ANGELES FEARS STRIKE
Teamsters Troubles Unsettled and
Other Branches Involved.
LOS ANGELES, May 5. Prospects for
a local teamsters strike which last night
appeared encouraging have suddenly
taken a turn in the opposite direction and
there is a possibility of a serious strike
in the immediate future with many other
branches of labor involved.
HE FOUGHT FOR HONDURAS
John F. Poe, Jr., Returns After Serv.
ing in Central American Army.
SAN mANCISCO. May 5. After a
month's erlence as a captain In the
army of Honduras. John F. Poe. Jr., a
member of the well-known family of foot
ball players, arrived yesterday on the
steamer City of Panama on the way back
to the mining camps of Nevada.
Accompanied by a young man named
Maceo. he went to Honduras. Having had
experience in the United States Army, Poe
was made a captain at $2 a day. He was
too late to participate in the biggest bat
tles, but was present at the siege of
Amapala and had charge of an old gun
at Buena Vista Fort.
Poe speaks in great praise of Fred
Mills, an American mining man who was
a captain In the Honduras army, and
who was shot to death in a fight with
the icaraguans. Mills killed more than
two score of Nicaraguans before they
finally shot him. Following the war, says
Poe, the Nicaraguans behaved -very well
and created very little disturbance.
OPENS VEINS; CUTS NECK
El Paso Physician Makes Desperate
Effort at Self-Destruction.
EU PASO. Tex.. May 5. Despondent be
cause of ill-health. Dr. L. T. Wilson,
aged 6S. formerly of Virginia, a leading
and wealthy physician of this city, made
a desperate attempt at suicide today and
his death is expected every moment.
With a surgical Instrument he opened
veins In both arms, cut his throat from
ear to ear. exposing the jugular vein,
and then stabbed himself In the breast.
His condition is considered hopeless.
DOTH
ES
ARE
READY AT BOISE
Will Be No Delay in Hay
wood Trial.
UPPER COURT CLEARS WAY
Habeas Corpus Appeal Put
Case Off a Whole Year.
FORCED STATE TO WAIT
Had Decision on Appeal Gone
Against Prosecution, Result of
Trial Would Have Been Xull
and Void, Explains Hawley.
BOISE. Ida., May 5. Practically every
available room In Boise, the capital city
of Idahjj, has been reserved for lawyers,
witnesses, or newspaper men In attend
ance to the court which will try William
Haywood on the charge of the murder of
former Governor Frank Steunenberg.
While there Is little or no public discus
sion of the case, the undercurrent of In
terest runs strong, and every incoming
train brings additions to the very large
number of people connected with the case
who are already on the ground.
That there might be some delay has
been dissipated by statements emanating
from both sides. Clarence Darrow, of
Chicago, and E. F. Richardson, of Den
ver, jointly leading counsel for the de
fense of Haywood, have both stated that
they are ready for trial. Counsel for the
prosecution, James H. Hawley, and Sen
ator W. El Borah, who have been en
gaged specially, are of the opinion that
there will be no further delay.
An application for a bill of particulars,
filed by the defense, will be argued to
morrow morning before Judge Fremont
Wood, who will try the Haywood case,
but as his decision Is not appealable It
Is not thought that this will cause any
postponement.
Cost of Case Enormous.
When Governor Steunenberg was as
sassinated, the Mine Owners' Association
offered Y reward of. $5000 for the, arrest of
the murderer. Later this amount was re
turned to the Mine Owners' Association
by Governor Gooding with the statement
that the state of Idaho would defray the
cost of the prosecution of the murderer
or murderers whoever they might be.
The defense fund raised by union labor
throughout the country,, .and as. an
emergency fund by the Miners Federa
tion, is reported to be very large, and
the total cost of carrying on this case
from first to last will be enormous.
James H. Hawley, the leading counsel
for the prosecution, was asked today to
explain the reasons for delay In the trial
of Haywood. Moyer and Pettibone. Much
comment has been caused throughout the
country by this delay. It has been
charged that the state has wilfully caused
the delay, and that the prisoners have
been kept In confinement without trial
for an unwarranted period. Mr. Hawley
said :
Why Trial Has Been Delayed.
"The revised statutes of the United
States, treating of appeals to the United
States Supreme Court from United
States Circuit Courts in habeas corpus
where a prisoner is held by state courts,
makes null and void any action of the
state court pending an appeal. The great
majority of courts of last resort hold any
action upon the part of the trial court
absolutely void until the decision of the
higher courts have been actually ren
dered. It will be seen, therefore, that
If in May, 1906, we had proceeded to trial
in' the trial court of this state before the
decision of the supreme court had been
rendered, the defendants would have been
discharged, as they could not a second
time be put In jeopardy of their lives.
"Senator Borah and myself, acting for
the state, shortly before the convening
of the District Court of Canyon County
In May, 1906, called the attention of the
defendants' attorneys to this provision of
the United States statutes, and stated in
a letter to them an the subject, that we
were ready and anxious for an immediate
trial, and if they also were ready, they
should arrange for matters so that we
could proceed to the trial without harm
being worked to the defendants. We
pointed out that all of their rights would
be saved if the appeal from the Circuit
Court was dismissed. The attorneys for
the defendants - answered our letter de
clining to dismiss the appeal, and ex
pressed themselves as fearful that a ques
tion of jurisdiction might arise upon the
proceedings of the Supreme Court of this
state, which would be Injurious to them
If the appeal from the United States
Circuit Court waa dismissed.
Defense Blocked Immediate Trial.
"On the opening day of the state Dis
trict Court In May. 1906, we called the
attention of that court to the section of
the United States statutes, and the court,
after due consideration, held that no pro
ceedings could be had In that court as
long as the appeal from the United
States Circuit Court was pending in the
United States Supreme Court. This rul
ing necessarily continued the cases until
the appeal was disposed of.
"Delays in the trials of criminal cases
almost invariably work a hardship upon
the prosecution, and operate In favor
of the defense. I am not complaining be
cause the defendants did not go on with
the trial in May of last year, by tbe dis-
E VENTS OF COMING WEEK
An echo of the famous Breathlt
feud' will be beard In Lexington. Ky.,
on Tuesday, when the alleged slayers
of James Cock rill will be placed on
trial. The defendants are Judge H ar
sis. Senator Alexander Hargis. Sher
iff E. D. Callahan and Jesse Spicer.
Charles S- Falrchild, who was In
dicted several months ago for for- -gery
In the third degree In connec
tion with the so-called "Prussian
bond transaction" of the New York
Life Company, will appear hi court
on Monday to answer to the charge.
Representatives of state and city
Boards of health and of various or
ganizations formed to combat dis
ease, will meet In Washington Mon
day to take part in the three days'
session of the National Association
tor Study and prevention of Tubercu
losis. The National Congress of Mothers
will open at Los Angeles next Friday.
mtssal of the appacT-jjjentioned. They
acted within their legal right in the re
fusing, but the refusal should have pre
cluded themselves or their friends com
plaining of the delay."
On the cause of the delay Clarence
Darrow, of counsel for the defense, had
this to say: ,
Defense Wanted Early Trial.
"The defendants have not only been
ready for trial, but have Insisted on trial
all the time since the indictments were
returned 14 months ago. Every motion
for continuance has been made by the
state and resisted by us. After the men
were brought to Idaho, writs of habeas
corpus were asked in the State Court and
the Federal Court to cover any question
of jurisdiction thaV-might arise. -" Both of
these cases were appealed to the Supreme
Court of the United States and the cases
advanced for as early hearing as we could
get. The United States statutes provide
where an appeal is pending to the Supreme
Court of the United States no judgment
or execution can be carried out pending
that appeal. As applied to this case, this
statute means that If the defendants had'
been convicted and sentenced to death or
Imprisonment in the penitentiary the sen
ence cfjul'dot have been carried out un
til the- Supreme Court had passed upon
the appeal, but In the meantime the
courts of Idaho had the same right to
try the men while the appeal was pend
ing as they had after the appeal had been
disposed of. If there could be ajiy doubt
under the statute, which there could not,
the Supreme Court of the United States
expressly decided the matter In this way
in the case of Mrs. Rodgers, of Vermont,
who was tried and convicted pending such
an appeal.'
Representatives of Labor Unions.
A number of labor unions and federa
tions throughout the country are to be
represented during the trials by means
especially chosen for the purpose. These
representatives will attend the trial and
make reports to their organizations.' It
was proposed to have an unofficial jury
of 13 representatives of union labor hear
all the testimony and arguments and for
mally vote on the guilt or, innocence of the
accused, but it was stated today that the
plan had been abandoned. Several of the
union representatives Have already arrived
and others will come In during the week.
PRESIDKNT'S LETTER IS READ
Reiterates Statement That Justice
Should Be Secured at the Trial.
NEW YORK, May 5. In a letter read
today before the Central Federated
Union, President Roosevelt states that If
evidence is submitted to him showing
that there has been a miscarriage of jus
tice for or against Moyer and Haywood,
awaiting trial at Boise, Idaho, charged
with the murder of ex-Governor
Steunenberg, he will bring such evi
dence to the attention of the Attorney
General for such action, if any, as It
may be In the power of the Federal au
thorities to take.
The communication was the formal re
ply of the President to the union com
mittee which recently called on the Pres
ident and requested him to set forth In
general his attitude toward the accused
men; and specifically why he had re
ferred to Moyer and Haywood as "un
desirable citizens."
In making his report today the chair
man, John Henry, said the committee
had spent more than an hour with the
President, at which time the matter in
hand was thoroughly discussed. The
President signified bis intention of form
ally replying in the letter wiilch the
chairman then read.
Following " the reading there was an
animated discussion, during which the
chairman and Coakley. another member
of the committee, stoutly championed the
attitude of the Chief Executive. It was
finally voted to send a copy of the let
ter to counsel for Moyer and Haywood.
In his reply, the President quoted from
a letter written to him more than a year
ago to the Attorney-General, in which he
says that "our duty Is (If It should
ever happen that we had any power in
the matter) to see that exact justice is
done these men."
The President's letter follows:
The White House, Washington May 2.
My Dear Mr. Henry: When you, in com
pany with Messrs. Coakley and Brown, called
upon me this morning, I read you the letter
I had written to the Attorney-General of
March 25, 1906. At your request, I gladly
send you the following extract from that
letter:
"Our duty a (If It should ever happen
that we had any power In the matter) to
see that exact justice is done these men.
There must be no condonation of lawless
ness on our part, even If the lawlessness
takes the form of an effort to avenge the
wrongs committed by the lawlessness of
others. The sole question as regards Moyer
and Haywood must be the question whether
or not they can be shown to be guilty of
this particular act, and their legal rights
must be as carefully safeguarded as those
of any other men. It is alleged that they
were extradited from Colorado in a manner
that amounted to a betrayal of their legal
rights. I should like to have the District
Attorney of Colorado, and if necessary, the
District Attorney of Idaho, give me such in
formation as they can on this point. I
should like to get from the District Attor
ney of Idaho any Information, that he can
obtain as to whether or not there has been
the slightest disposition shown by the au
thorities In Idaho to act toward these men
In an unfair or improper manner, or to
deny them their legal rights. Cm the other
hand, I should like to know whether there
Is any symptom of a'mlscarriage of justice
In their favor. The intemperate violence
with which the Socialistic or labor papers
like that of Debs, and I am sorry to say
some other labor organizations, have insist
ed, without any knowledge of the facts,
upon, treating these, men as martyrs to the
cause of labor, has unquestionably resulted
in tremendous pressure being brought to
(Concluded on Page 4.)
TIGER'S STRIPES
ON FLAG OF PEACE
Boss Murphy Will Have
All His Own Way.
MAYOR IS DOWN AND OUT
Will Retain His Office, But Is to
Get No Other Favors.
M'CLELLAN ASKED TRUCE.
Got Tip That He Was to Be Counted
Out, and He at Once Capitu
latedHearst Will Get No
Recount of the Votes.
NEW YORK. May 4. (Special.) The
treaty of peace signed by Mayor Mc
Clellan and Tammany Leader Charles
F. Murphy is generally regarded as a
victory for the organization and a
"lemon" for the city's executive.
"The Mayor was actuated by the
highest motives. He wants organiza
tion support for -a good, clean admin
istration," say friends of Mr. McClellan.
"Tammany doesn't care anything
about McClellan, but It Is good politics
to get together." This is the public
statement of organization men.
"McClellan has picked a lemon In
the garden of politics, just as Hearst
did." - This is the view expressed by
Independence Leaguers,
i The fact of the matter is that a
number of things combined to bring
about an end of the warfare which the
little Mayor had planned to institute.
McClellan is practically the only man
in New York State who does not real
ize that his day in politics is over. He
tried last year to turn out Tammany,
and failed. This year he tried again,
under better and more experienced di
rection, and might have won had he
kept his courage.
Under the direction of Senator Pat
rick MeCarren and ex-Senator Maurice
Featherson, anti-Murphy clubs were
formed in every assembly district in
town: patronage was used against Mur
phy and his friends; the police force
was utilized as an engine for their
downfall, and the old crowd in the
Fourteenth-street wigwam were in a
mighty bad way.
And then "Big Tim" Sullivan entered
the field In full warpaint, and the lit
tle Mayor took to the woods.
"Big Tom's" Slippery Footing.
Sullivan, It might be explained, stood
to lose more than any other Tammany
leader. He owns a number of thea
ters, which could easily get Into
trouble with an unfriendly Building
Commissioner or with a Police Com
missioner who analyzed the "sacred"
character of the "sacred concerts" giv
en on Sundays. In addition to this,
Sullivan is popularly supposed to hold
the right of saying which poolrooms
shall be allowed to run below Four
teenth street, a privilege easily worth
several hundred thousands of dollars a
year.
Sullivan was eager for harmony In the
organization, and he took the very best
way to bring it about.
McClellan does not want a recount.
Awake, he worries what would happen if
the ballot boxes were open. Asleep, he Is
popularly supposed to have horrible night
mares on the same subject.
The bulk of the crooked work done in
the mayoralty election of 1905 was ad
mittedly "pulled off" In the districts
where the Sullivan clans are Bupreme.
Hearst knows it: McClellan knows it;
Sullivan would not even deny it.
So Sullivan, thoroughly recognizing the
Mayor's mania, was glad to meet one of
McClellan's kitchen cabinet at the races
the other day. After chatting on indiffer
ent topics, Sullivan said:
. "I've always liked Mac. but I'm afraid
there are hard days ahead for -him. Mur
phy is gathering evidence of crooked work
and means to put Hearst wise to the dis
tricts where the most fraud was com
mitted. I've told him not to do it, but his
mind Is made up. He Is bitter."
This statement got back to the Mayor
in record-breaking time, and greatly ex
cited him. He sent for Corporation Coun
sel Ellison, and made Ellison his deputy
to negotiate a "harmonious agreement,"
Naturally Ellison hunted up Sullivan.
As he himself said In a public statement.
"We are old and dear friends. I believe
I possess his confidence and I know he
possesses mine."
McClellan insisted that he should be left
in a seemingly Independent position, al
though he was willing to secretly accept
the men wanted by Tammany for-various
vacancies in the city government.
"Regarding thij Mayor's future," said
McClellan's enemy at one of the confer
ences, "he does not desire a re-election
at the expiration of his term, and will be
thoroughly satisfied if given his old seat
In Congress."
"Tell the Mayor he ought to be thor
oughly satisfied to keep in the City Hall
and keep out-of Jail; he can't go to Con
gress," was the answer returned with
Murphy's approval.
'Whereupon McClellan decided that he
didn't want to go to Congress anyhow.
And he won't. '
McClellan Has Lost All.
Under the terms of tile treaty. Tam
many will do what It can to block the
Recount bill, which having passed the
Assembly is now on the calender in the
Senate. And Tammany will not aid
Hearst even if the law says that the
ballot boxes are to be opened.
This is all the Mayor gets out of It; a
possible chance to serve out a term of
office to which a majority of the voters
believe he was never elected.
On the other hand, the organization gets
all the patronage for the remainder of
McClellan's term. Murphy will not be
bothered in carry out his building con
tracts; Sullivan's theaters and poolrooms
will run as he wishes them; and the po
lice will take orders from Fourteenth
street Just as they have done for many
years.
Tammany practically concedes nothing;
McClellan yields practically everything.
and the men who followed the Mayor's
fortunes will go in the political discard
at the end of his term.
Featherson Is Incensed.
The remarks made by Maurice Feather
son when he heard about McClellan's cab
inet surrender, are said to have been ex
cessively forcible. Featherson was rec
ognized as the Mayor's manager, and yet
so quietly were the negotiations conducted
that he knew nothing about it until all
was over.
This coup pulled off by Sullivan insures
Murphy's retention of the reins of power.
It also is taken to mean that he Is done
with Hearst, and will entirely ignore the
League from this time on.
The understanding Is that MeCarren will
be recognized as the leader of Brooklyn,
not only while McClellan is in office, but
afterwards, by Murphy. In fact MeCar
ren is the only McClellan man who has
come out of this fight in anything like
an enviable position.
It means that Murphy, when the time
for the next city convention rolls around,
will consult with MeCarren in the makeup
of the ticket, and place upon It men who
fare satisfactory to the Brooklyn Boss.
Furthermore, although MeCarren ad
mitted he knifed the candidate for Gov-
Horace N. Marvin, Jr., Missing Bny
Wbnue Dead Body Has Been Found
in Marsh.
ernor last year, he will sit In future state
conventions and be undisturbed as a mem
ber of the State Committee.
All of which causes loud wails from the
antl-McCarren men In Brooklyn, who
were thoroughly convinced that the Kings
County organization was to be turned
over to them. -
The Independence League men declare
that the influence of Ryan, Belmont and
the other corporation bogies brought
about the treaty of peace, but there is
very little evidence to support It.
Tammany Man States Case.
"The fact of the matter Is." said a
Tammany district leader today, "that
Murphy has decided there is nothing more
to gain by working with Hearst. Hearst
will probably pn-vent any De.mocrat from
having a look-in for President, but that
Is a matter that does not worry Murphy
In the least.
"By wiping out McClellan and making
his peace with MeCarren, Murphy is cer
tain to confront no organized opposition
when the next city convention rolls
around. '
"The "boss will name the nxt Demo
cratic candidate for Mayor, and elect him
too. Then we will run ' the town as it
ought to be run. In the meantime Mc
Clellan Is thoroughly horse broken, and
will give us about anything we want.
"I understand he has an idea that he
can work himself into Murphy's good
graces again, and he will probably be en
couraged to keep on thinking so.
"But he Is the deadest man that ever
held office. Murphy made him an Alder
man, sent him to Congress for years, and
single-handed twice landed him in the
Mayor's chair.
"McClellan Is ungrateful and unreliable.
He has shown his caliber by throwing
down the men who stuck to him after he
broke with the organization. Some of
them may be forgiven In time, but there
Is no hope for McClellan. He may linger
along until the end of his term, but on
January 1. 1910. Tammany and everybody
else will be done for him forever."
Murphy is perfectly satisfied with con
ditions, and the Mayor loudly proclaims
his own personal happiness.
At the city hall the white flag is hang
ing at half mast, while over it Is hover
ing the dove of peace, but with stripes
like a tiger.
And the men who stood by McClellan
are talking savagely about him, and
pulling every wire in a frantic effort to
get back into the good graces of an
organization that never forgets disobe
dience and seldom forgives it.
BODY REACHES NEW YORK
Funeral of J. H. Smith to Be Tues
day Nephew Gets Big Bequest.
NEW YORK. May 5. The body of
James H. Smith, who died In Japan
March 27. arrived here tonight. The
funeral will be held in St. Bartholomew's
Protestant Episcopal Church Tuesday
morning.
The body was accompanied by the widow
and her son and daughter, Miss Anita
Stewart and William Rhinelander Stew
art, Jr.. the Duchess of Manchester and
the father of the Duchess. Eugene Zim
merman. According to a report tonight the largest
Individual legatee In Mr. Smith's will will
be George Mason, of Aberdeen. S. D., a
son of Mr. Smith's sister, who. It Is said,
will receive J10.000.000; Mrs. Smith, the
widow, according to the same report, will
receive t3,0PO.00O: Lady Cooper $2,000,000 and
the Chicago Hospital $500,000. About 1600.
000 will go to various charitable organi
zations. Blfr Government Majority.
MADRID, May 5. The result of the
senatorial elections as far as they -have
been announced show an overwhelming
governmental majority, comprising 72
conservatives. 14 liberals and 15 members
of other groups.
U ""si
J' 1
t F f - ? ' 1
MURDER THEORY
IS NOT UPHELD
Partial Inquest Shows
Death Not Violent.
MARVIN BOY NOT DROWNED
Autopsy Shows No Wounds or
Broken Bones.
BEEN DEAD FOR SIX WEEKS
Funeral Held Sunday, Burial to B
Made at Sioux City xt the Grave
of Child's Mother Father Still
Clings to Murder Theory
DOVER. Del.. May 5. (Special.) T all
practical purposes it was settled today
that there never was any crime involved
in the pathetic tragedy that brought to a
close the life of four-year-old Horace
Marvin. Jr., the lad whose whereabouts
has been a theme of almost world-wide
anxiety for two months, and whose body
was yesterday discovered within half a .
mile of his father's home.
In order to permit the burial of the
child's body a partial Inquest and partial
autopsy were held today and a simple
funeral took place this afternoon, rhe
interment being in the lawn near the
house. The body will later be sent to
Sioux City, la., to be burled beside the
grave of the child's mother.
Death From Starvation.
The one definite thing brought out by
the Investigation was contained In a state
ment by Dr. J. H. Wilson, who performed
the autopsy. He stated that the boy had
not been drowned, but had died probably
from exposure and starvation. In his
opinion death occurred not less than four
weeks ago and probably not less than six
weeks ago. No marks of violence were
found on the body; there was no wound
of any sort and no bones were broken
Possibly the child had lived for 48 hours
after taking food.
Stomach to Be Analyzed.
To settle definitely whether the child
died simply of exposure and starvation or
was the victim of foul play. Dr. Wilson
removed the stomach and put It In charge
of Dr. A. Robyn, city bacteriologist of
Wilmington, who will make an analysis
to discover if there is any trace of poison.
Pending the result of this analysis Dr.
Wilson will not be able to make a report
of the autopsy, and the Coroner's inquest
was therefore adjourned until his report
bhould be received. A large number of
witnesses, including everyon who was in
the vicinity of the Marvin farm on the
day of the child's disappearance, has been
summoned to attend the next session of
the Inquest.
Father Clings to Murder Theory.
Despite today's developments. Dr. Mar
vin, the father of the child, clings to the
theory that his child was kidnaped, held
for some weeks in seclusion, and then
murdered and placed in the marsh where
the body was found. All of those who
were concerned in the prosecution of the
search In the vicinity of the house adhere
also to this theory, but the more general
impression in the large crowd that visited
the farm today was that the search of
the premises was never thorough and
that the child had been in the marsh
since March 4. the day on which he
disappeared
CONTENTS TODAY'S PAPER
The Wmther. fc
YESTERDAY'S Maximum temperature. 72
deftreea; minimum, 4G.
TODAY'S Showers and cooler ; southerly
winds. . .
National.
Secretary Taft thinks waes on Isthmus
compare very favorably with those paid '
In the States. Page 3.
Judge Farrar, Ot New Orleans, says Nation
has right to regulate railways. Page 1.
Domestic.
Marvin boy filed ft natural death. Page 1.
McClellan's peace with Tammany shows
the tiger has swallowed the Mayor. Page
1.
Haskln writes on seed raising. Page 3.
Chicago police department has been paying
tribute to politicians. Page 4.
Kansas hits legal snag In war against
brewers. Page 4.
Bright business outlook on Chicago Board
of Trade. Page 8.
Pacific Coaift.
Will be no delay in Haywood trial at Boise.
Page 1.
County Council of Linn County Grange
starts movement among Grangers for
more equitable assessment. Page 4.
Los Angeles ready to entertain Mystio
Shrlners. Page 3.
Sports.
Portland lets game go by default because of
streetcar strike. Page 5.
Portland and Vicinity.
Defeated primary candidates discuss po
litical situation. Page 4.
Dr. F. Burgette Short advises congregation
to vote for Baker for Council. Page 14.
Newsboy wounded by unknown assailant.
Page 14.
Thomas McCusker writes Interesting letter
from Jamestown. Page
Dr. Brougher ays he la losing no sleep over'
Devlin's nomination; will not remain to
vote for Lane. Page 12.
Baker and Empire Theaters close season on
June 1. Page 4.