Morning Oregonian. (Portland, Or.) 1861-1937, May 15, 1907, Image 1

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    VOL. XXVI.- 0. 14,488.
PORTLAND, OREGON, WEDNESDAY. MAY 15, 1907.
PRICE FIVE CENTS.
V
4-
TEN MEN PASSED
THROUGH
ORDEAL
Progress to Getting
Jury for Haywood
STILL SUBJECT TO CHALLENGE
Prosecution Hopes to Get 12
Men by Saturday.
ODD CHARACTERS APPEAR
One Man Whom Deputy Sheriff
Tried to Influence Counsel Have
Lively Colloquy With Regard
to the Citizens' Alliance.
BOISE, Idaho. May 14. Substantial
progress toward the formation of a jury
to try William D. Haywood for the mur
der of Prank Steunenberg. twice chosen
as the. chief executive or this state, was
made on this, the third day of the trial.
Selection cf talesmen halted for three
solid hours over chairs 5 and 6. but once
those seats had been filled progress was
very rapid. At adjournment for the day
counsel for the defense had completed
the examination and temporarily passed
the tenth talesman. They had but two
more to examine in chief and a reserva
tion to examine, if they desire to exercise
the right, two of those temporarily passed
today, so that with reasonable progress
the 12th talesman should be passed to
morrow in time to open the way for the
first peremptory challenge, whose exercise
marks entry to the final stage of the
formation of the Jury. Counsel for the
state still adhere to the belief that the
Jury will be completed by Saturday.
Seeking for Prejudice.
Clarence Darrow and Edgar Wilson, for
the defense, divided the work of examin
ing talesmen today, and their questions
took th same wide range outlined by
their associate, B. D. Richardson. . and
freely sanctioned by Judge Fremont
Wood. Mr. Wilson added to the long
train of connections, readings, influences
and associations, that might tend t6 'dis
qualify a juror that of membership in the
Idaho militia, which at various times
has been called upon to quell strike dis
orders. The examination failed, however,
to disclose any militiamen among the
talesmen.
Mr. Darrow devoted much attention to
possible prejudice of prospective Jurors,
and his attitude and Inquiry was earnest
to the point of solemnity. He gravely In
vited each succeeding talesman who
passed through his hands to place him
self mentally in the serious position of
the prisoner and then to honestly ask
himself If he would care to be tried by 12
men of minds framed like his own.
Waggoner Barred for Bias.
Two of the original panel J. L. Wag
goner, who tigured "in the Yost affair, and
George Walker went out for bias, and
four of the special venire failed for vari
ous reasons to qualify. Two of the lat
ter swore that they were so opposed to
circumstantial evidence In a capital case
that they would refuse to convict on it,
however strong it might prove to be.
Another of the special veniremen got. off
for sickness, but there remain more
than 60 of the special venire unexamined
and ready to fill vacancies, making the
chances of completing the Jury from the
special venire seem very good.
Allen Pride, the fifth talesman, passed
by both sides, testified that Deputy
Sheriff Roberts, who served him with a
summons, had talked with him about the
case arid particularly about Harry orch
ard, whom he had known when a peniten
tiary guard. An extended and searching
examination by Mr. Darrow failed to
show that there had been any attempt to
Improperly Influence the prospective juror
and while the defense reserved Us right
to question the deputy, it is improbable
that the Incident will be pursued any
further. The Incident brought out the
tirst mention of the name of Harry Or
chard in open court since the trial be
gan. Henry's Amusing Answers.
D. W. Henry, who held seat No. 6, after
a long and at times amusing examina
tion, which showed a desire upon the part
of the defense to have him excused, de
nied under oath that he had told some of
hts neighbors in South Boise that Hay
wood and his associates must be guilty
because they were brought back here for
trial. This incident is to be the subject of
further examination tomorrow.
It was another business-like session of
the court, unmarked by important inci
dents not conected with the examination
of talesmen. Counsel bristled occasion
ally In a manner that indicated the spirit
of the battle that Is to come, but they
continued In harmony and were generally
courteous and graceful to one another.
The courtroom is filled at all times, but
the crowd Is a changing one and it could
not be held unless the baiting of jurors
made it worth while. There were more
women present than on any other day,
but at that the number scarcely exceeded
a dozen. The women' of Boise seem deter
mined to avoid the trial.
Haywood Advises Counsel.
Mrs. Steve Adams came again today,
this time to a seat beside Mrs. Haywood
inside the railed Inclosure. She remained
with the Invalid woman all afternoon and
assisted In taking her from the room
after adjournment. She and her husband
are down as witnesses for the state, but
her action today is taken as a clear indi
cation of her attitude.
Haywood participated to a greater ex
tent than before in the work of his coun
sel. He consulted most constantly with
Messrs. Darrow, Richardson and Nugent,
and it was very clear that he was offering
suggestions -as to the line of examination
and expressing himself as to the men In
the box who may be chosen to sit In
Judgment on his life. In seeking the re
moval of Orice Cole, who is not in good
health. Edgar Wilson, for the defense,
made the statement that the trial wold
occupy several weeks and possibly several
months.
Ten Men So Far Passe;
The 10 men who have been examined
and passed for cause by both sides are,
in the order given: A. I. Ewing. car
penter; . William Van Orsdale. grocer;
Samuel D. Gilman, farmer; Walter Shaw,
farmer; Allen Pride, farmer; D. W.
Henry, carpenter; George H. Mclntyre,
farmer; W. N. Rudge, farmer;. Orrice
...........................
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I Wl
IMIiillllllli
I lIllllBllillliS'IlllJ :
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t.
Duke of Abrussi, Commander of
Italian Squadron at Jamestown
Fair and Famous Arrtic - Explorer.
Cole, mining man, , aod . W. W. Bisby,
real estate and insurance agent.
To make assurance doubly sure, James
H. Hawley, for the state, at adjournment
this evening asked all the occupants of
the Jury-box collectively if they were cit
izens of the United States and electors
of Ada County. They all are.
Beginning the examination of talesmen,
Mr. Darrow asked "Waggoner about his
experience with Tost.
"Did you have any opinion as to which
side the man came from whether the
state or defense?"
"Yes, I had an opinion," replied Wag
goner. "Did he try to influence your opinion
in this case?"
"I don't know."
"But you swore he did in your affida
vit against the man."
"The complaint was drawn up and I
swore to It."
""Now, then, hasn't your judgment been
affected by all you have heard and done
in this case?" asked Mr. Darrow.
"I guess It was," replied Waggoner.
He was finally excused by consent, and
J. W. Smeed, a liveryman, was called.
Opposes Circumstantial Evidence.
Mr. Smeed, when asked by Mr. Hawley
if he had formed an opinion, said:
"I have thought about the case
about the probable outcome but I can't
say I have any definite opinion. I believe
that if the defendant is guilty he ought
to be punished and if he Is not guilty
he ought to be turned loose."
Mr. Smeed said he had also thought
of the manner in which the defendants
were brought from Colorado to Idaho,
and had made up his mind as to
whether it was right or wrong. He
claimed to have a strong prejudice
against circumstantials evidence and
and this called forth a challenge from
the state.
"We deny the challenge." quickly
interposed three of the attorneys for
the defense in unison.
Judge Wood interrogated the tales
man. "Do you mean to say that if the
court instructed you tnat circum
stantial evidence was proper evidence
you would not take the ruling of the
court?-' . , -
"Not altogether." replied Smeed.
If the evidence was"" all circum
stantial, the talesman declared ho
would not vote to convict a man of
murdir.
The prosecution renewed its chal
lenge on the ground of blaB.
"We will state la advance, said Mr.
Hawley, "that our evidence will be
largely circumstantial tn this- caso.
This juror has admitted he cannot act
with impartiality."
The defense again resisted the chal
lenge and further questioned the tales
man.
He insisted he would want actual
as wen as circumstantial evidence.
"The court will allow the challenge
for actual bias," ruled Judge Wood.
The defense noted an exception.
Not Influenced by Roosevelt.
Mr. Pride said he bad read some of
President Roosevelt's "undesirable
citiiens'" letter, but It did not In
fluence him and would not affect his
opinion or verdict. He knew of noth
ing in hlB'mind to prevent his serving
as a juror but would rather not. He
thought labor 'unions all right in some
respects, but not in others, though he
had no particular prejudice against
them.
George Walker, a butcher, who last
Thursday said he had formed an
opinion, was excused by joint request
of state and defense.
Raymond Jones, a farmer, said he
had an opinion as to Haywood's guilt
or Innocence, but could disregard it in
the light of the evidence. He had con
scientious scruples against capital pun.
(Continued on Pas 3.)
STEPHENSON
POINT OF VIGTDHY
La Follette's Man Will
Be His Colleague
DEADLOCK NEAR TO BREAKING
Friends Might Have Forced
- Election Last Night.
BRIBERY TALK MUTTERED
One Candidate Accused of Offering
Money to Legislator, Who Takes
Friends' Advice 4 Tremblingly.
An Inquiry Will Be Held.
ISAAC STEPHENSON.
Curing his life Isaac Etfphpnson
has been a lumberman, banker,
farmer and politician. He was born
In FTederlcton, X. B., In 1S29,
and In 1840 removed to Bangor. Me.,
and a year later to Wisconsin. After
working on a farm for some time he
bought a schooner and made the run
between Milwaukee and Escanaba,
investing his savings tn timber land.
He was later president of several
important lumber companies. He
was a member of the state Legis
lature in 1868 and a member of
Congress In 1863-8.
MADISON. Wis.. May 14. (Special.)
Isaac Stephenson, ex-Congrressman, came
within four votes tonight of being elected
United States Senator to succeed John C.
Spooner. Had his friends not miscalcu
lated his strength, they could have forced
an all-night session and his election. The
opposing forces held long conferences
after adjournment and freely admitted
that it was extremely probable that
Stephenson woud be elected on the first
ballot tomorrow night.
Senator La Follette has been burning
the wires with orders to his following to
support Mr. Stephenson. The last ballot
r t
j HOW MUCH FARTHER CAN HE CLIMB? j
tonight was the 75th and marked the
first serious break in the long deadlock.
Mr. Stephenson, if chosen, will not be
a candidate for the regular term, but will
merely serve out the unexpired term of
Mr. Spooner. He is the onI one of the
candidates to make this pledge and it has
helped his candidacy very much today..
Investigate Bribery Charge.
As a result of the charge that two mem
bers of the. Legislature were offered large
sums of money to vote for one of the
candidates, a resolution will be intro
duced late this week providing for an In
vestigation of the report. The names of
the' members who are alleged to have
been offered the money and the name of
the candidate and of the man who made
the offer are freely used in private con
versation. The offers are said to have
been indignantly rejected.
Friends of the candidate in question de
clare that the story is without founda
tion and was started simply to . deter
members from going over to him. THey
say they will welcome a thorough investi
gation. Friends of the. other candidates
also want an investigation, in order that
they may be cleared of any suspicion.
Basis of the Charge.
For several days this story of attempted
bribery has been current. In every case
men who are enlisted in theTTHTCtE. Of
one certain candidate are referred to as
the persons who have offered the money.
Since the contest has narrowed down and
there are Indications that the crisis in the
struggle is near at hand, the story has
been repeated more boldly.
It is said that a member of the Legisla
ture went to a state official, his close
friend, and in great excitement and dis
tress said that he had just been offered
money to vote for a certain candidate ttr
Senator. The member is reported to have
said that he would think the matter over,
but later his conscience troubled him, and
he unburdened his mind to a friend, who
advised him against accepting the offer.
MADISON, Wis., May 14. In the Re
publican Senatorial caucus Isaac Stephen
son, of Marinette, tonight received 48
votes, within four of the number required
to insure his election as United States
Senator. The final ballot tonight result
ed: Esch, 19; Hatton. 23; Stephenson, 45;
McGregor, 6; Hudnall. 1; absent, 5.
NEW YORK TEACHERS WJN
Senate Passes - Equal Salary Bill
Over McCIellan's Veto.
ALBANY, N. T.. May 14. The Senate
today' passed over Mayor McCIellan's
veto the New ' York teachers' bill,
disfgned to equalize the salaries of men
and women teachers in New York City.
SUMMER ALREADY BEGUN
First Prostration by Heat This Sea
son in New York.
NEW YORK. May 14. The Government
thermometer at the weather bureau today
registered 82 degrees and the first case
of heat prostration for the year was re
ported. The victim was a laborer.
CMS ABE STONED
FOR THREE MILES
San Francisco Streets
Ruled by Mob
POLICE UTTERLY INCAPABLE
Can Neither Prevent Violence
Nor Arrest Guilty.
MAN BRUTALLY BEATEN
Nonunion Men Demand Arms Strik
ers Move to Arrest Their Sup
" planters Gillett Maintains
Watch Over Situation.
GRAND J CRY WILL TAKE HAND.
BAN FRANCISCO, May 14. Chair
man Sonntas. of the police commit-
te, of the grand Jury, stated today
that an Investigation would be com- -menced
tomorrow Into the acts of
violence In connection with the
streetcar strike and the complaints
that men arrested for assaults and
disturbances were dismissed by police
Judges with the infliction of merely
nominal finis.
SAN FRANCISCO, May 14. Today,
one week after the Turk street battle,
which marked the present car strike
as the bloodiest labor disturbance in
the history of San Francisbo, was the
worst day of violence since that tragic,
event. The forenoon passed with little
disturbance, but throughout the hours
of the afternoon from 12 to 7 o'clock,
stones flew on Mission street from
Fifth, to Twenty-fourth, a distance of
about three miles, and the lives of
many passengers as well as those
of the non-union operatives of
the ten cars on that line were almost
constantly in danger. Though nearly
100 policemen, a few of them mounted,
were stationed along Mission street
under. the command of Captains Ander
son and Duke, violence was not pre
vented and comparatively few arrests
were made. In some instances pas-
X
. . . . .4
sengers narrowly escaped great injury
or death from flying cobblestones and
brickbats. Several passengers were
assaulted by the crowds, numerous
strikebreakers were struck, panes of
glass were smashed and persons alight
ing from cars were chased and in some
instances knocked down and beaten.
Man Almost Beaten to Death.
The most brutal act of violence dur
ing the day occurred shortly after 7
o'clock tonight, as the last car on the
Mission-street line was being run into
the barn at Twenty-ninth street. A
passenger on this car was Edward
Raipher, a member of the Stationary
Engineers' Union employed by the Cali
fornia Engineering Works As he
alighted from the car. he was set upon
by a crowd of union sympathizers and
beaten almost to death. His skull was
fractured, his right arm and several
ribs were broken. He was left uncon
scious on the pavement. Employes of
the United Railroads carried the sense
less and bleeding man into the carbarn.
The police say, that the mob then at
tempted to break down the carbarn
doors in an effort to get at the man
again. The mob was broken up by the
police after clubs had been used free
ly. No arrests were made, so . far as
has been learned. Raipher was sent
to the hospital. His condition is seri
ous. ' l-( (
Strikebreakers DemancT-'Arms.
At the carbarns on Mission street
at Twenty-fourth after the last cars
had been run in, the motormen and
conductors, who have not been allowed
to carry arms since the Turk street
riot of, a week ago, presented their
case to Assistant President Mullaly.
In substance they said:
We have shown that we are as nervy as
the average man. We are not afraid to
run your cart anywhere in the city that
you send us. We have faced bricks and
stones and personal assaults for seven
days. Now we have about reached the
limit. We are taking our lives. In our
own hands every time we go out on these
cars. The police are either unable or un
willing to protect us. We will take the
cars through any mob that San Francisco
can gather, if you allow us to protect our
selves. But some of us have made up our
minds as a result of today's experiences
that w. will take out no more cars until
you give us revolvers.
Move to Arrest Nonunion Men.
The striking carmen made a new
move today in causing over 100 John
Doe warrants to be issued for strike
breakers on the charge of violation of
an ordinance which makes it a mis
demeanor for a motorman or conduc
tor to operate a car before having had
seven days' experience. The situation,
according to president Cornelius of the
Carmen's Union, is very satisfactory.
He said:
We have instructed our men to aid 'the
police in keeping peace and order, but th.
police are taking an unfair advantage of
our men and using unnecessary violence on
our pickets. They are not even giving them
the rights that every citizen Is entitled to.
Our pickets- are not violating the law, but
Mr. Calhoun la He is now placing on his
can men that have had no experience In
Ban FranciscL This Is in direct violation of
the city ordinance, which requires that every
man must have at least seven days' training
befoTe being placed in charge of a car. Mr.
Calhoun is loudly calling for more protection
to help break more laws. This must cease.
Mr. Calhoun must obey the law as well as
the carmen. He should have no more rights
than honest citizens.
Mahon Hints at Boycott.
W. D. Mahon, president of the Interna
tional Carmen's Union, in an interview
this afternoon stated:
1 have nothing new to say about the situa
tion. I am confident that the carmen will
win their fight. This city Is considered to
(Continued on Fag 3.)
CONTENTS TODAY'S PAPER
The Weather.
YE8TERDAFS Maximum temperature, T9
degrees; minimum. 47-
TODAY'S Fair and slightly warmer; north
erly winds.
Foreign.
Great trains to Social lata In first Austrian
election under universal suffrage. Page
4-
Presldent THas repudiates Interview pro
posing Central American Union. Page 3.
British Colonial Premiers disappointed at
result of conference. Page 3.
National.
Steam shovel men on Panama Canal strike
and will come home. Page . -Politics.
.Stephenson, La Follette's man, to be elected
United States Senator today. Page 1.
Taft and Foraker men out for war of ex
termination. Page 2.
Flans of Republicans for Oklahoma cam
paign. Page 2.
Domestic
Haektn on drainage of swamp land. Page
.
Railroad scheme for employment of efficient
workmen. Page 1.
Alice Cooper, maker of Sacajawea statue,
believed to have eloped with Iowa law
yer. Page 6.
Pacific Coast.
Ten jurors for Haywood trial await pre-
emptory challenge. Page 1.
Secretary Kir wan. at Miners Federation,
cleverly dodges subpena. Page 3.
Shrtners start East with dead. Page 5.'
"Worst day of rioting in San Francisco for
whole week. Page 1.
Heney wants United Railroad officials pun
ished for contempt In refusing to testify.
-- Page 5.
Portland passenger train wrecked In North
ern California. Page 2.
St. Helens boy murderer presents study in
criminology. Page 6.
Redmen participate in grand Illuminated
parade. Page 6.
University of Oregon friends will fight ref
erendum petitions In court. Page 6,
Portland and Vicinity. .
Thomas C. Ievlln given ovation at big Re
publican meeting; outlines his platform.
Page 10.
Japanese Jiu Jitsu expert in Police Court
with broken pate. Page 14.
Railroad officials discredit report that
Spokane rate has been reduced Page 14.
Executive Board committee awards contracts
for street improvements. Page 0.
Free-water bill will not go on ballot.
Page 16.
Sports.
Parade will precede opening league game
In Portland today. Page 7. I
Show of Portland Kennel Club opens today.
Page 7-
Commercial and Marine.
Oregon wool men buying in Idaho. Page 15.
All securities markets depressed by crop
proBpects. Page 15.
Chicago wheat market slumps; but loss Is
regained. Page 15.
German steamship Eva clears for Kobe wlih
full cargo of wheat. Page 7.
I
RECKLESS MEN
Employ Only Compe
tent Operatives
EMPLOYES IN GREAT DEMAND
Railroads to Establish Labor
Bureau.
KEEP RECORD OF CONDUCT
Plan Intended to Furnish Employ
era With Information Concern
ing Character and Fitness of
- All Workers on Every Line.
CHICAGO. May 14. (Special.) Rail,
roads centering In Chicago are consider
ing the advisability of. establishing a
union employment bureau, with a view to
Insuring; a better grade of operating em
ployes. Great secrecy is maintained re
garding the project because the bitter
opposition of labor organizations la
feared.
In the operating conferences which re
cently have been held by several roads
here, the subject has received unaimoua
approval. If such a bureau is estab
lished it will have a complete list of all
operating employes In the United States,
with the complete record of the service
of each. It Is stated that the demand for
operating employes is so great now that
any applicant, no matter what his record,
finds almost instant employment with
any road.
President E. P. Ripley said In an In
terview recently that the demand was ao
great that an employe could be dis
charged for Incompetency on one road
and go across the street and find em
ployment with a rival road the same day
and without any question regarding his
previous record.
It Is stated that the labor organiza
tions are opposed to such a bureau and
declare that It would amount to a black
list. Railroad officials, however, insist .
that in no other business are men em
ployed without question as to their pre
vious records, and that where accidents
occur on account of incompetent em
ployes, it is no excuse to say that they
are Incompetent, as the railroad, in many
cases, should have known that from
their previous record.
NEW OFFICIAL FOR PORTLAND
E. Jj. Cardie to Come to the Coast as
Soo Agent.
ST. PAUI Minn., May 14. (Special.)
B. I Cardie, contracting freight agent of
the Soo IJne In St. Paul, has been ap
pointed general agent of the Soo and
Canadian Pacific at Portland, Or.
This Is a new position and has been cre
ated in connection with the new trans
continental service which will soon open
between the Pacific Coast and St. Paul
via Spokane, Wash. Mr. Cardie will look
after traffic matters which will come up
between the Soo-Canadlan Pacific and the
Oregon Railroad Navigation Company.
He leaves for Portland tomorrow.
Mr. Cardie has been contracting freight
agent for the Soo in St. Paul for 2tt
years. He has been In railroad service
several years. He entered the employ
ment of the Soo as telegraph operator In
the local office five years ago, from there
being promoted to chief clerk of the as
sistant general freight agent.
Resume Work on Athol Cut-off.
CHBYENNB. Wyo., May 14. Tele
graphic Instructions have been received
here to resume at once the building of
the Athol cut-off on the Union Pacific
Railway between Cheyenne and Denver.
The contract, amounting to about 1600,000.
was let some months ago and soon after
work began It was ordered discontinued.
The cut-off la built to avoid the steep
grade over Athol hill and will reduce the
time of trains between the two cities.
SPLIT IN DOUMA WIDENS
Propose to Amend Parliamentary
Rules on Closure.
ST. PETERSBURG, May 14. In view
of the prospect of an approaching break
between the Social Democrats and the
Constitutional Deputies now in con
ference, various amendments to the
parliamentary rules have been drafted,
designed to strengthen the hands ot
the President In preserving order, pre
venting filibustering by the minority
and increasing the working capacity 6f
the hous?.
The Constitutional Democrats decided
to Introduce 'an amendment providing
that 100 instead of B0 votes will be re
quired to prevent a closure. It is pro
posed also to limit debates on minor
questions to five minutes for each side.
The presentation of these amend
ments definitely marked a spilt between
the Social Democrats and the Constitu
tional Democrats, the closure amend
ment being aimed at the Social Demo
crats, who now commarld 8iJ votes.
A meeting of the presidents of the
various conventions ias been called to
decide whether or not to ask the Douma
to suspend open sessions for the re
mainder of this week in order to de
vote the time to commission work, of
which much remains to be done.
GUARD
IS
1-
Tg1io6.o