Morning Oregonian. (Portland, Or.) 1861-1937, May 16, 1907, Image 1

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VOL. XXVI NO. 14,489.
PORTLAND, OREGON, . THURSDAY, MAY 16, 1907.
PRICE FIVE CENTS.
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FALLEN BOSS
CONFESSES
HIS GUILT
Ruef Central Figure
of Dramatic and
Pathetic Scene.
SUFFERS TO SAVE FAMILY
Says Prolonged Trial Means
Death to Parents, Sister
and Niece.
HE ADMITS CONNIVANCE ONLY
Will Devote Life to Building Up
Civic Honesty.
CAUSES OF CORRUPTION
Ruef Says Bribery Unnecessary, but
Newspapers Create Impression
Only Way to. Get Franchises.
Sacrificed Ideals to Clique.
- SAN FRANCISCO, May 15. Abraham
Ruef. better known as Abe' Ruef, the ac
knowledged advisor, of Mayor Sch'mitz.
and biu-o the recognized dictator of mu
nicipal affairs In this city, pleaded guilty
to the charge of extortion in Judge
Dunne's department of the Superior
Court today. Sentence will be pronounced
upon him two weeks hence.
After a private conference with his four
attorneys in Judge Dunne's chambers
this afternoon and after they had with
drawn from his case because of the reso
lution he had taken to change his plea
and avoid trial, Ruef, to the utter aston
ishment of the prosecution, arose In
court and announced in a dramatic ad
dress that after long and earnest con
sideration he had determined to with
draw his plea of not guilty and enter a
plea of guilty. He asked that the Jury
be dismissed and the trial abandoned.
, , ' Draws Tears to Many Eyes.
Ruef read his statement from a manu
script which he had prepared In the pres
ence of his attorneys a few moments be
fore Judge Dunne's chambers opened. He
showed in his voice, in the expression
of his face, in his quiet smd gestureless
attitude and by the tears that again and
again overflowed. his eyes, the great emo
tion and the utter humiliation he suf
fered. The pathos of the scene was com
municated to the crowd that thronged
the courtroom. Tears sprang to the eyes
of veteran newspaper men, who have
been life-long acquaintances and whose
papers have conducted against him and
his political associates a long and bitter
campaign for the purification of munici
pal affairs.
The accused man was several times all
but overcome by emotion. When he
, reached the final words of bis address
"I desire to withdraw my plea of not
gulty and enter the contrary plea" his
voice was sunk to a whisper. But so in
tense was the silence that It reached the
far corners of the courtroom. i
Pleads Guilty, Proclaims Innocence.
Though Abraham Ruef has formally
declared himself to be guilty of the
charge on which he was about to be
tried, he nevertheless proclaims his in
nocence. He confesses that he is guilty
of having connived at the corruption in
municipal affairs, but he denies with all
the emphasis a man in his unhappy posi
tion can command that he Is guilty of the
crime of extortion charged against him.
He declares that his sole motive in ac
cusing himself in open court was to save
the lives of those who are nearest and
dearest to ' him. his aged father and
mother, his maiden sister and a niece.
In the course of a long and frank con
versation this afternoon with a repre
sentative of the Associated Press In a
room at the house, 2849 Fillmore street,
which for the last month or more has
been his prison, Ruef said:
"I changed my plea to guilty in court
today, yes: but pledge you my solemn
word that I am as innocent as you are.
I have been guilty of conniving at the
corruption in municipal affairs by cor
porations, but in these French res
taurant cases I am "not guilty. Since
my action of this' morning I can have
no motive in misleading you on this
point. I shall pot mislead you. Never,
never in the wide world could I have
been convicted on this charge. No one
knew this as well as myself. Then
why, you ask, did I plead guilty? I
pleaded guilty to save the Hves'of those
who are nearest and dearest to me on
earth. I am hot over-stating the truth
when I tell you that if my father,
mother and sister had been compelled
to endure the strain of my trial, last
ing at least two month and possibly.
longer, it would have cost their lives."
Can't Stand Family's Suffering.
Ruef s eyes were filled . with tears
when he said this. He turned, and for
a full moment gazed out of the window
unseelngly. When he had mastered
himself, he turned and with wet eyes
but a steady voice went on:
"You don't know what they have suf
fered in these last few months, and I
would not tell you if I could. Why,
night after night every night my
father and my sister have come up
here into my room and sat for an hour,
saying nothing, seeing nothing. I
could not stand it any longer."
Again the tears and the choking and
the long look out of the window.-
"Last night 'i gathered my family
about me in this prison-house of mine
and prepared them for the act I had
determined upon. That would mean
one day of sorrow. To go on would
have meant months of agony and
death.
Take Sentence Without Flinching.
"I don't know what my sentence will
be. For myself I do not greatly care.
I say to you now, and you can judge
if I boast, that no man possesses phys-
Abe Ruef, the Fallen Boss, Who Has '
Confessed His tiuilt.
leal nerve more than I do. I could face
a crowd of 6000 men, of 10,000 men,
every one with a rope in his hand and
calling for my life. I could face them
calmly and meet my end without flinch
ing. But the suffering of those I love
I could endure no longer. I say I do
not know what my sentence will be.
If it be five years across the bay, I can
meet that when it Comes. I believe
that with my personality and leaving
out of consideration the feelings of
those who love me and have stood by
me, I could spend five years in San
Quentin almost as comfortably as In a
hotel at Napa Springs. But if the step
I took this morning had meant five
years or 14 years or 1400 years, the
fear of that would not have deterred
me.
"I have made no confession. I know
much. Some things I shall tell, some
things I shall not tell. Whenever an
innocent man has been forced into cor
ruption against his will, that man I
shall protect. Whenever a man, be he
high or low, has entered into corrup
tion, with his eyes open, that man I
shall expose. .
Wanted to Break From Sclimitz.
"I will , not say at the present mo
ment that Mayor Schmltz is guilty of
the charges that have been brought
against him or that he is innocent. I
will say this:
"I wanted to . break away ' from
Schmltz before his re-election a year
ago last November, and said to him:
" 'I am sick of this thing and I want
to get out of It. I cannot stand for
all these labor union bums you have
gathered around you and will appoint.
They would eat the paint off a house.'
"In answer, the .Mayor begged me
to stay with him, and put up the argu
ment that these fellows must be al
lowed their share or we could never
hold the machine together. There wad
all too much truth in that.
"I stayed with Schmltz and I stayed
with the machine that I, at great labor
and pains, had built up and assem
bled. I found then that I had taken a
step away from the high and clean
Ideals with which, I earnestly assure
you, I originally entered the political
field. I found, in short, that to hold
this machine together I had to permit
and connive at corruption. In the
state of affairs existing, it was neces
sary. But I myself never asked a dol
lar of any man, never took a dishonest
dollar from the public The things I
did were things that hurt no one.
Warned Supervisors to eB Honest.
"Before the boodle Board of Super
visors was elected I warned them
against crookedness in office. Immedi
ately after their election I got them
together and I said to them: 'Now,
you , if any one of you takes
a dollar. Til prosecute you myself,' and
I meant it. I was in earnest, but I
did not carry out my threat, for I did
not want the machine to go to pieces.
"And so much of this corruption was
needless needless, I mean, from the
giver's end of the dead. Take, for in
stance, the trolley franchise. Every
body wanted the street railroads elec
trified. There would have been no
opposition If the application had been
merely and customarily ' laid before
the bo-rd. It would have been granted.
But the press of San Francisco had
taught the public to believe that every
officeholder was a crook; that the
whole city government was rotten
from skin to core; that no privilege
could be obtained unless it were paid
for. It is strange that those system
atic attacks, . though frequently
grounded on nothing more truthful
than personals suspicion in private
quarters, should have led the corpora
tions astray as to the real situation.
"The officers of corporations are not
Continued, on Pass &.i
TO DISSOLVE
HARRIMAN EMPIRE
Government Lawyers
Recommend Plans.
SHERMAN LAW IS VIOLATED
Competition 'Killed in One
Third of Republic.
NEW LAWS MUCH NEEDED
Report Tells How Rivals Are
Crushed, ' Stock Watered and
Western Profits Used to
Buy Eastern Roads.
WASHINGTON, May 15. (Special.)
That the inquiry conducted by the Inter
state Commerce Commission into the con
duct of railroads controlled by E. H. Har
riman will result in prosecutions was
plainly shown by the publication today of
the report and recommendations of
Frank B. Kellogg and Charles A. Sever
ance, counsel for the Commission. Within
a short ,tlme the Commission will take
up this report, vote upon it and transmit
to the Department of Justice the evidence
tending to show that the Harriman
school of railroad financiering has oper
ated In violation of the Sherman anti
trust laws and other statutes. The pub
lication of this important report caused
a pronounced sensation. It proved a de
cided shock to . some members of the
Commission.
The document submitted to the Com
mission by Messrs. Kellogg and Sever
ance, who have been unrelenting In their
search for facts connected with the ab
sorption of railroad after railroad by Mr.
Harriman, covers 25 typewritten pages. It
was prepared by the counsel at the re
quest of the Commission and has been
considered by-, members of the Commis
sion individually and informally dis
cussed by several of them together. It
has yet to be considered by the Commis
sion as a whole, but this has simply
been deferred because there are one or
two points into which the Commission de
sires further to probe. -1
Evils and Their Remedy.
The main points of the report recite:
That railroad competition- has been ab
solutely ended in an area equal to one
third of the United States where Mr.
Harriman is absolute master.
That Mr. Harrlman's contracts with the
Rock Island, Southern Pacific, Santa Fe,
Illinois. Central and San Pedro Rail
roads are in violation of the anti-trust
act. The counsel is in favor of proceed
ings against them by the Government.
That the purchase of the shares of one
railroad by another is an evil practice
that should be stopped by law.
That there should be new and effective
laws to prevent inflation of securities like
that of the Alton reorganization.
That the profits of the great railroads of
the far West are being used to buy and
control railroads In the East, Instead of
building more roads for the development
of the West.
West Milked by the Fast.
The report by Messrs. Kellogg and Sev
erance is based on developments in the
Harriman hearings. The Southern Pacific
voluntarily has abrogated the contract of
the San Pedro route, which Messrs. Kel
logg and Severance have repeatedly stated
they believe was In violation' of the Sher
man law. The facts revealed as to use
of Western railroad profits to buy con
trol in other railroads have been made
the basis of Informal recommendation of
some members of the commission to
President Roosevelt in the interest of fur
ther legislation.
In its report the Commission tells briefly
the atory of the Union Pacific reorganiza
tion and of the establishment of Mr. Har
rlman's control and of Its acquisition from
the Huntington estate of control of the
Southern Pacific; of the elimination of
competition between the two roads. It is
declared that these two systems are nat
urally and inevitably competitors for a
vast traffic between the East and West
and to the Orient, and that their Joint
control by one Interest is a violation of
the Sherman law. . Prior to the passage
of the interstate commerce law they be
longed to the transcontinental pool, in
which each road was awarded a fixed
percentage of the traffic
Harriman Lord of All
Under the Union Pacific organization,
the report points outfl the majority of di
rectors In each of these companies has
also constituted the majority in the other.
Mr. Harriman has been president and
chairman of the body . in each, and as
chairman of the body in each, and as
chairman he hag been delegated all
powers of the board when it was not in
session. He is absolute in both. Their
bylaws have been amended and made
approximately uniform, so that Mr.
Harriman. has all the powers of the di
rectors and the executive committee. All
the huge financial transactions have been
made by him and later approved by his
dummy directors. '
The commission's report tells the btory
of Senator Clark's effort to build and
operate the San Pedro road as an Inde
pendent line. He was well on the way to
completion of his line when Mr. Harriman
block him. Part of the right .of way
which Mr. Clark was using consisted of
a route through a canyon about 60 miles
long In Nevada, known aa Meadow, Yei-
HOW
I ley Wash. This route had once been
owned by the Oregon Short Line, but had
been relinquished many years before.
When Mr. Clark was ready to build
through the canyon, the Oregon Short
Lane revived its claim, started litigation,
began building a road through the pass
and threatened Mr. Clark that, if he con
structed his line, it would parallel every
mile of it, and, having all the connections
for handling throughJjuslness, would
make his road absolutely profitles.
Clark Forced to Surrender.
Mr. Clark finally surrendered and en
tered Info the contract with the Harri
man system by which the latter secured
half of the stock of the San Pedro road
and absolute domination In all traffic mat
ters. Since the investigation, announce
ment has been made that the Union Paci
fic has bought the other half of the stock
and now owns absolutely the whole road.
Thus was killed the last attempt to se
cure competition in this great region.
The Santa Fe was brought into subjec
tion, Mr. Harriman and his associates
buying stock in it till they were able to
force two of the Union Paciflo directors,
Henry C Frick and H. H. Rogers, on
the Santa Fe directory.
Irrigation of Alton Stock.
The famous financial Irrigation project
in Chicago & Alton receives more atten
tion in the text of the report than any
other one matter. It is declared "the
most remarkable story of manipulation
and sfock-waterlng." The men named
are E. H. Harriman, Mortimer H. Schiff,
as representative of Jacob H. Schiff,
James Stlllman and George J. Gould.
When they bought up the shares of Al
ton, it had a complete capitalization of
33,900.000 stocks, bonds and floating debt.
In seven years they increased this to
J114.000.000 and in that time they spent
only $18,000,000 in betterment and exten
sions. In other words, the- report says,
they added $65,000 per mile to its capital
ization without "one dollar of considera
tion." The investment by the Union Pacific
of more than J182,000,000 in the securities
of other railroads is analyzed in detail.
Competition Utterly Killed.
The Commission finds that for several
years, under the Southern Pacific-Santa
Fe agreement, there has been absolutely
no competition in the fruit traffic from
California east. In fact, in the immense
aea west of the Missouri dominated by
the Union and Southern Pacific, Santa
Fe, San Pedro and their related lines,
competition has been utterly killed.
REPORT NOT YET ADOPTED
Counsel Have Only Made Recom
mendations to Commission.
WASHINGTON, May 15. The recom
mendations of Messrs. Kellogg and Sev
erance in -regard. to the Harriman Tall
roAd am Ho.- yet acoepted and confirmed
iy the Interstate Commeroe Commission,
so that they stand at present merely as
recommendations to the Commission, and
not the report of the Commission Itself.
Commissioners Harlan and Knapp, of
the Interstate Commerce Commission, say
that the Commission has not yet made
Its report.
The members of the Commission' con
ferred for an hour this afternoon over
the report from New Tork that the
recommendations of Messrs. Kellogg and
Severance had been made public and then
I authorized the following statement:
The commission has not prepared a report
In the so-called Harriman rue, nor has it yet
decided any of the questions Involved In the
inquiry. The whole matter U stilt under In
vestigation. It may be that the briefs or
memoranda sirbmltted by counsel have become
known in ome quarters and the mistaken in
ference drawn therefrom that the Commission
has agreed upon a report.
No further Information than Is con
tained In the - statement is authorized.
Chairman Knapp reiterated that the Com
mission had not reached any conclusion
respecting the case and probably would
not for some time. He declined to
indicate what might be the conclusion.
Sounds Like Rehash, Says Kellogg.
CHICAGO,' May 15. Frank B. Kellogg,
special attorney for the Government In
the investigation by the Interstate Com
merce Commission of the affairs of the
Harriman lines, who is In Chicago to
night, said:
That story from New Tork outlining
supposed recommendations by me to the
Interstate Commerce Commission sounds like
a rehash of my closing- arguments In the
case April 4. Then I suggested legislation
to correct certain evils relative to the com
munity of interests. A copy of my address
was returned to me for the customary c.--recttons,
and the corrected copy was for
warded to Washington a week ago. I have
made no statement to anyone regarding this
case, and don't Intend to.
SENDS STOCKS TUMBLING DOWN
Report on Harriman Lines Causes
General Bear Raid.
NEW YORK, May " 15. Union Pacific
was the storm center of an attack by
traders upon the Stock Exchange today
upon the appearance of the report of
counsel for the Interstate Commerce Com
mission. Union Pacific Btock fell nearly
four points before support was forth
coming and the whole list became weak
and unsettled upon the news, and declined
a point. Southern Pacific fell off a point,
but steadied with good buying. All rail
roads holding stock control of other lines
were adversely affected by the news,
principally Pennsylvania, which became
weak. After the first- shock had passed,
the market became steady.
PLOTTED TO BUY COUNCIL
Pittsburg Brokers Accused of Con
spiracy In Franchise Deal.
PITTSBURG, May 15. C. R. Richard
son, a broker, and A. B. McGrew, his
busilness associate, were arrested to
day on a charge of conspiracy to bribe
in connection with the Pittsburg &
Tube City Railway scandal, in which
$70,000 and bills granting franchises
from McKeepsport to Pittsburg figured.
A. A. Martin, member of the Com
mon Council, was recently convicted on
a charge of conspiracy In the same
case, and is now under bonds, pending I
appeal. -.
- i
. Warships Stay in Position.
WASHINGTON". May 15. That the
American - wajrshlps now in Central
American waters will be retained there
for some time was Indicated at the State
Department today". The Marietta is at
Puerto Cortez. the Paducah at Point Bar
rloa and the Yorktown is taking Minister
Merry, from CotU liica. to Aoajutla,
t, - . ' .
CANNOT BELIEVE
HARRY
CI
Possible Jurors Reveal
, New Prejudice.
CAUSE LAWYERS TO WRANGLE
Introduction of Roosevelt's
Name Stirs Them.
'BUTTED IN" SAYS DARROW
Judge in Haywood Case Stops Spir
lted Dispute About Roosevelt's
Letter State Exercises First
Peremptory Challenge.
BOISE, Idaho, May 15. The unexpected
uncovering of a vein of prejudice against
Harry Orchard and his testimony during
the further examination of talesmen In
the Steunenberg murder case today led to
the first sharp wrangle between counsel
and involved the name -of President
Roosevelt In an acrimonious discussion.'
The day and the incident began ' with
Samuel Wlngate. the eleventh talesman
In the hands of the defense for examina
tion in chief. Questioning had proceeded
but a short distance when it developed
that Mr. Wlngate was biased against Or
chard and unwilling to accept the testi
mony which It Is expected he will give
against the prisoner. The defense natur
ally tried at once to show that Mr. Win
gate's state of mind on the subject was
not such as would warrant his removal
from the box, but when the talesman re
passed to the hands of the State, Senator
Borah quickly drew from him the Cat
footed statement that he could not under
any circumstances give credence to Or
chard's testimony. Mr. W-ingate was upon
this excused, the defense excepting to the
court's' ruling and from -thenceforward
the State was particular to test all tales
men on the point.
Lawyers Spat Over Orchard.
A. P. Burns, who finally succeeded to
Mr. Wingate's seat, said under oath that
he was not prepared to give the same
credence to Orchard that he would extend
to other witnesses, but his attitude was
not deemed 'sufficient fo' warrant his re
movah The question recurred at the af
ternoon Besslon, when Mr. Borah put the
covering question to William McGuffln,
who succeeded Mr. Henry at seat six af
ter the latter had been evicted for implied
bias on the testimony of R. Z. Lovelace,
the first witness called In the case, who
swore that Mr. Henry had. told him that
Moyer, Haywood and Pettibone would not
have been brought here If "they had not
been mixed up In the case."
Clarence Darrow. of the defense, ob
jected to the question and Mr. Borah
sharply replied:
"After the immense latitude that the
defense has taken In regard to McPart
land, Taft and Roosevelt, I do not think
they would stick on any technicalities at
this late day."
"We didn't ask as to the effect of Mc
Partland's testimony," said Messrs. Dar
row and Richardson together.
"If Roosevelt Is to be'brought here to
testify, we might have something more
to say," went on Mr. Richardson.
Says Roosevelt "Butted In."
' "Roosevelt can take care of himself,
wherever he is," retorted Mr. Borah.
"Weil, I don't know about that," said
Mr.. Darrow.
Judge Wood directed counsel to proceed
with the case, but Mr. Darrow, who was
standing, took formal exception to the
remarks of Mr. Borah.
"I will be glad to eliminate Roosevelt
if you will," replied Mr. Borah.
"He was brought Into the case by the
defense."
"He came in himself," said Mr. Richard
son. "He Is 2000 miles away and he writes
letters."
"He was brought In by his own but
ting in," added Mr. Darrow.
The Judge overruled the objection to
the question, the talesman saying that he
did not have any bias or opinion in the
matter, the defense noting an exception,
and the inoident closed.
The jury-box was finally filled with 12
talesmen subjected to examination and
temporarily passed by both sides at 3:40
o'clock in the afternoon and the court
announced that It was In order for both
sides to exercise peremptory challenges.
Counsel for Haywood asked for a few
moments' delay and for five minutes they
gathered around the chair of the pris
oner and engaged in earnest consultation
as to their course on the men occupying
the jury-box.
First Peremptory Challenge.
The state exercised its right first and
excused William Van Orsdale, a grocer,
who has occupied seat No. 2 since the
opening day of the trial. George V. Maw,
a 3-oung farmer with some strong objec
tions to the acts of certain elements In
the labor unions of tha comity, -srss
then called to the vacant place. The
state passed him and he was still in the
hands of the defense when adjournment
hour was reached.
The trial will not be resumed until 2
o'clock tomorrow afternoon, because of
the -funeral In the morning of Judge Nu
gent, father of John F. Nugent, one of
the counsel for the defendant. The pro
ceedings were interrupted at the begin
ning of the afternoon session today and
Judge Wood made formal announcement
of the death of Judge Nugent. Commit
tees of the local bar to make arrange
ments for the participation of ' the bar
and court in the funeral and to draft me
morial resolutions were appointed by
Judge Wood and it was announced that,
to permit the members of the court to
attend the funeral, there would be no
session tomorrow morning.
This recess may extend the completion
of the Jury beyond the end of this week.
Between prosecution and defense there lie
20 peremptory challenges, and but one of
these has been used. It is generally ad
mitted that both sides intend to fully use
their peremptory rights and the present
composition of the tentative jury may be
entirely changed.
Seeking Local Prejudice.
The examination of talesmen by the
defense indicated a desire to further in
vestigate the question of general local
prejudice. Counsel recalled the trouble In
the Coeur d'Alenes IS and 18 years ago
and made careful Inquiry as to its possi
ble effects upon the minds and prejudices
of prospective jurors. The rest of their
examination covered the wide range of
subjects already outlined. The state,
besides its general line of questions and
General S. B. IK. Young-.
WASHINGTON, May 15. General
S. B. M. Young, retired, was today ap
pointed superintendent of Yellow
stone Park, to succeed Major John
Pitcher.
the attitude toward Harry Orchard intro
duced', today, is also covering -rr.ember-Rhip
in labor unions and the possible ex
istence of prejudice for or against them.
The prisoner was again an active par
ticipant In the conduct of his case. : He
repeatedly consulted with his attorneys
and watched the proceedings with atten
tion as alert as theirs.
The courtroom ..failed to fill again
today, and If talesmen, witnesses, lawyers,-
court attaches and newspaper
men had remained away, the place
would have been absolutely lonesome.
The people of Boise are following the
case with Interest, but the city seems
unwilling to spare more than a score
of its inhabitants to sit through the
proceedings in court.
Prejudice Against Orchard.
When asked by Mr. Richardson if
any prejudice against the Miners' Fed
eration had grown up in his mind in
consequence of the Coeur d'Alerie dis
turbances of 1892 and 1899, Mr. Win
gate, the first talesman examined, said
he partly upheld and partly blamed the
Western Federation of Miners in the
Coeur d'Alene matter. He thought the
murder' of Steunenberg "a very bad
thing," and had.' formed -an opinion,
which died down as time went on. He
had read interviews with Detective
McPartland accusing the Federation of
ficials of the crime, hut came to no
opinion on them, because there were so
many; of them' and they were all cir
cumstantial. The examination then
continued: ; x .- 11
"Did you read about an alleged con
fession of Harry Orchard?" '
"Yes."
"Reach any opinion in regard to it?"
"As to what?" !
'As to Orchard's guilt?"
"Yes."
"You could hot sit as a Juror at this
trial then?"
"No.'
"Is your opinion so strong that it
touches the guilt or Innocence of Hay
wood?" "In a way."
"But you 'could give him a fair and
impartial trial?"
"Yes."
Wlngate declared ho would be preju
diced against Orchard as a witness. .
He was a Republican, but the fact
that the accused was quasi-Democrat or
quasi-Socialist would not make any dif
ference to him. He had read the Pres
ident's letter but It had not influenced
him and he thought Mr. Roosevelt
should have kept his hands off and let
the court and Jury try the prisoner.
.. Mr. Richardson passed the juror and
Mr. Borah renewed the examination for
the state, asking:
Admits Abiding Conviction.
"Do .1 understand you to say you
would be prejudiced against Harry
Orchard as a witness?"
"Yes, sir, I certainly would."
"And you would give his testimony
no weight?"
"I couldn't."
"And if. the state came to rely very
largely upon Orchard's testimony you
would have a prejudice against the
state?"
"I couldn't help but have."
"Your bias against Orchard Is an
abiding conviction?"
"Yes, sir."
"We challenge the juror for cause
for actual bias," said Senator Borah.
The defense reslnted. saying the Juror
had a right to put his own weight
upon the testimony to be adduced.
Judge Wood allowed the Challenge
arid the defense noted an exception.
S. M. Kepner. a farmer, said he had
(Continued on Page 3.)
DIUHOISOF
GREAT DILEMMA
Goes to Washington to
See Foraker.
MUST DECLARE PREFERENCE
Choose Ether Taft or Foraker
dr. Keep Silent.
TAFT MEN ARE AGGRESSIVE
State Committee May Call Conven
tion to Declare Party Choice.
Democrats Hope to Gain Sena
torship Through Fight.
COLUMBUS, O., May IB. (Special.)
Senator Charles Dick has hastened to
Washington, and it is believed here he
will have a heart-to-heart talk with
Senator Foraker. After Mr. Dick has
formally declared his position, the
Taft forces will get into speedy action.
Mr. Dick must fish, cut bait or go
ashore. . ' .
Here are Mr. Dick's alternatives, as
the astute politicians in Ohio see them
tonight: . '
He can come out with a frank
declaration that he favors the candi
dacy of Secretary Taft for 'the Presi
dential nomination next year, and tell
the people of the state why he has
hesitated about giving expression to
his position.
He can declare that he is for Mr.
Foraker, Instead of Mr. Taft, for
President.
Effect of Either Action. ,
If he does not accept either of these
alternatives, he may equivocate by an
expression in favor of putting the
matter off until next Spring, which
would bring the whole question to the
eve of the National convention.
If Mr. Dick declares himself in line
with the overwhelming sentiment of
the state for Mr. Taft, that practically
will end the matter. Should he de
clare that he is for Mr. Foraker aa
against Mr. Taft, It would be up to
the state central committee, now con
trolled by the Taft forces, to meet. Is
sue a call for a state convention for
the specified purpose of putting the
party, through Its duly constituted rep
resentatives, on record on the Presi
dential Issue and so terminate any
semblance of doubt in the minds of Re
publicans in other states.
, Rest of Ohio of One Mind.
If Mr. Dick refuses to make any
declaration now, it1 means acknowl
edgment that he is a negligible quan
tity and that the organization may go
ahead without considering him at all.
With only Mr. Foraker and Mr. Dick
remaining slient, it can be made plain
to the country that all the rest of the
Republicans of Ohio are of one mind
as to the overtopping Presldenthil
question. 1
Right now the situation in Ohio may
seemed muddled to outsiders. Before
midsummer the whole matter will be
cleared up, if it becoes necessary to
take . drastic action.
DEMOCRATIC HOPES REVIVED
Taft-Foraker Fight Offers Prospect
of Winning Senatorship.
CLEVELAND, O., May 15. The reclnd
ipg of the call for the Republican love
feast at Columbus and the consequent
failure of Taft and Foraker factions to
get together has greatly encouraged Dem
ocratic leaders In Ohio. They are of the
opinion that they now have an excellent
chance of electing Senator Foraker's suc
cessor and cite the existing makeup of
the Legislature as proof.
The present Ohio House consists of 62
Republicans, 57 Democrats and two In
dependents. The Senate has 18 Republi
cans, 38 Democrats and one Indepen
dent, who is classed as a Democrat. This
gives the Republicans SO votes against 78
for the Democrats and Independents.
The next Senator will be elected by the
Legislature chosen at the next election,
and there are sa many districts In which,
the vote is not close that It may safely
said that the Democrats have at least as
fair a prospect of overcoming the present
Republican lead as the Republicans have
of Increasing it. Five of the present
Republicans were elected by pluralities
of less than 100. One had a margin of
three votes only, one was elected by
four votes and one by 12 votes. The man
elected by three votes for himself and ha
has three sons, who voted for him. Three
Democrats had pluralities of less than
100.
In the Senate the Republicans have one
member who was chosen by a plurality
of 50. while the smallest plurality for
any Democratic Senator was 22.
T he Democratic leaders declare that
ar.y election giving pluralities of 100 or
less is anybody's light when the next
election comes around.
Picks Up Men From Ella G.
VICTORIA. B. C May 16. The
steamer Amur, which arrived today,
reports having picked up a boat's,
crew of three men lost from the
schooner Klla G. off Queen Charlotte
Islands, who lmd 'been without food
for 30 hours nnd were almost exhaust
ed. The schooner was met with after
the steamer left Charlotte Islands artJ
the men were returned on board.
1J-1.75LU