: . i' -- r - i8 f tttiw. VOL. XLVI. SO. 14,491. PORTLAND, OREGON, SATURDAY, MAY 18, 1907. PRICE FIVE CENTS. ".I i '..7, ."4 I J " 4 I. STORM IS RAISED By INTERVIEWS Judge Wood May Cite Governor Gooding, FOR LETTING ORCHARD TALK Haywood Lawyers Charge Plan to Influence Jury. . BORAH STRIKES AT DEFENSE Accuses Federation's Counsel of Maintaining Newspapers to Prej udice Attempt to Escape the .New Jury Law Falls. BOISE. Idaho. May 17. (Special.) Judge "Wood touched off some fire works this morning- Just at the open ing of court, and it became neces sary to ask all prospective Jurymen to leave the room while the display continued. It was all over report's published In the morning' paper of the newspaper men's interview with Harry Orchard the day before. The States man published the story sent out by the Associated Press, one from Its own representatives, and two signed state ments from visiting newspaper men. Judge. Wood called attention to the publications immediately upon ascend ing the bench. All were surprised. When the Judge had concluded, Mr. Hawley spoke. Then Mr. Richardson said he would like to say what he thorfght of it, but was restrained by the presence of talesmen. These were excused and then the whole matter was aired for an hour. The Judge finally directed' the County Attorney to look the matter up and see what, if any thing, could be done. During the progress of the discussion he said there was a plain remedy. If It was the in tention to prejudice Jurymen, inti mating he would cite all concerned for contempt if he thought that vu the purpose. Associated Press Impartial. Just why the Judge called attention to the publications Is not known, but the Impression prevails that he felt it wise to do so and not wait for the matter to be brought up by the ' de fense. An interesting side lseue was raised between Mr. Richardson and J. R. Ken nedy, in charge of Associated Press in terests. Mr. Richardson stated that the Governor had taken the Associated Press and those willing to color the news to see Orchard, this language being subject to the inference that he included the Associated Press In that category. Mr. Kennedy called him to account for It afterward and the mat ter does not seem to be entirely settled yet. The Associated Press, Mr. Kennedy pointed out, had carried everything the defense nad been willing to give for pub lication, and he did not think the attor ney was Justified in making a public charge of unfairness. Equal Number of Challenges. Another interesting feature of the pro ceedings of the day was the raising of the question of the application of the law of the last session, giving the prose cution the same number of peremptory challenges as the defense in criminal cases, 10 each. Mr. Richardson charged that the act was passed for the purpose of this case and that met with a prompt denial. The bill was drafted by the an nual meeting of county attorneys held here In January, while the Legislature was in session. It passed both houses unanimously and without more than for mal discussion. Judge Wood held today it was not ex post facto and governed in this case, hence the state will be able to challenge as many jurors peremptorily as the defense. ARGUMENT ABOUT INTERVIEWS Prosecuting Attorney Ordered to In vestigate Question of Contempt. BOISE, Idaho, May 17. Judge Fremont Wood, who is presiding at the Stounen berg murder trial, today directed the prosecuting attorney of Ada County to make an investigation of the circum stances under which Harry Orchard was interviewed for publication yesterday and to take any legal steps that his Inquiry showed to be warranted. Judge Wood drew attention to the publication of the interviews when he ascended the bench this morning and his request of counsel for advice as to the manner in which the court should deal with the incident and called forth from the defense the charge that Governor Gooding and certain news papers, moved by the disclosure that there exists prejudice against Orchard, had sought to Influence the Jury by an attempt to bolster up the credence that may be given to Orchard's story and the suggestion that the Governor be cited for contempt. State Makes Counter-Charge. Counsel for the prosecution defended the Governor and the newspapers in cluded within the. charges, and showed that the applications for the Interview with Orchard had been made weeks be fore the examination of talesmen dis closed the prejudice against him. They tca oiMtAd that, while some of the talesmen were entering the court this morning, men Indirectly connected with the defense had made remarks within their hearing that were calculated to in fluence them, . and this affair is also to be made the subject of inquiry by the County Prosecuting Attorney. In calling attention to the Orchard interviews. Judge Wood said that perhaps their publi cation was not an attempt to influence the Jury, but, as it was calculated to in fluence jurors, he felt that something must be done to prevent a recurrence of such a thing in order to secure a Jury. James H. Hawley, for the state, ex pressed his regret at the publication of the Interviews with Orchard and dis claimed responsibility for them. The court drew attention to the utter ances of the Governor in connection with the statement that Orchard is not to have immunity for his confession and, at a suggestion from Mr. Richardson that the defense could not speak freely in the presence of the Jury, requested all talesmen to leave the room for an hour. Rlcnardson Accuses Gooding. Mr.. Richardson first exonerated the prosecution from all connection with, the Incident and then said: For a period of mon than 15 months Mr. Orchard has been Incarcerated In the penitentiary In this state and secluded from all observers as far as possible and guard ed in every possible way to prevent any communication with the outside. It oc curred in connection with the examination o one of the Jurors day before yesterday that there wts tome question as to the amount of credence which should be placed upon testimony of Mr. Orchard. The Gover nor of this state, who has done things which have been questioned throughout the entire United States, if not the civilized world, having the supreme charge ot the penitentiary of this state, and his ap pointee. Warden Whitney, who has at all times been subservient and agreeable adviser and aids In all that he has done, took the Associated Press representatives and that particular portion of the news paper fraternity who are reporting this case agreeably and colorably upon the side of the prosecution to the penitentiary yes terday to Interview Harry Orchard. It is patent as the fact that I stand here that it was done for the express purpose of In fluencing; these Jurymen, for the. purpose of rehabilitating Mr. Orchard, for the purpose of giving him credibility in the eyes of this Jury and in th eyes of the world, and It was a dastardly outrage upon this defense. Mr. Richardson drew attention to the statement of the Governor that no pro mises had been made to Orchard and said: If it was not entirely patent to the whole civilised world before that the Governor of this state never Intended that we should have a fair trial for these defendants here, It is certainly patent at this time. Aim to Influence Case Mr. Darrow, who followed Mr. Richard son, said In part:' Of course there can be but one purpose In this Joint recepiton of the Governor and his friend, Mr. Orchard, and that was to lrfluehce this case at this time. It seems to me that this effort to give Mr. Orchard credence must have come directly from the disclosures made by the examination of various Jurors as to what they thought of Orchard and his confession and that, in view of this, they have permitted the newspaper men to see him and give out a Jot of stuff, which, upon Its face, was man ufactured, a lot of maudlin religious Idiocy a man- telling about books on religious subjects he has been reading In the face of his whole attitude of mind for his whole life and the Governor coming in and stat ing something which must appear to everjr. intelligent man as being absolutely untrue, that this 'man deliberately plaeed his neck In the halter without any hope of reward, and scattering that broadcast at this time, wttan we have got 12 men In the box and 50 veniremen unexamined. Why Orchard Was Interviewed. - , The court interrupted to send for the prosecuting attorney and, when Mr. Dar row resumed, he suggested that the Gov ernor be called before the court. Mr. Hawley said that he had just finished reading the interview and .sug gested that possibly both the defense and the court were under a misapprehension. He defended the Boise papers and told of the constant circulation throughout the county of papers in the interest of the defense, which had maligned the prosecution, sought to create a false im pression as to the motive of the prosecu tion and to misstate what purported to be the evidence in the case. He said that the condition of Orchard had been absolutely misstated and misunderstood. He continued: . If, in taking this matter up. If, in seeing this witness, the representatives of the Associated Press have been permitted to see this man. and, . without conversation with him, except in regard to his health, have satisfied that desire which Is ex pressed throughout the country to know in regard to his condition, I would be unable to see how that in the slightest de gree would prejudice the cause of the de fense. I am frank to say that I ' do hot believe that the authorized representatives of the Associated Press, In seeing this man and publishing anything in regard to his physical or mental condition, would place themselves in a position where they were Influencing public opinion upon the part of the Jurors or otherwise, nor can I see how any expression of that kind could militate to the slightest extent against the defense. Mr. Hawley took the same ground, as to the other correspondents who saw Orchard yesterday, and declared that he did not believe that the Governor was seeking in any way to create prejudice. He said that the matter operated against the prosecution rather than the defense. Aim to Disprove Falsehood? Senator Borah said that he could en tirely disabuse the minds of counsel for the defense of the Impression that the interview with Orchard arose from any thing that had occurred in court. He said: When these newspaper men cams here and they are among the first newspaper men in the United States the papers have evidently selected the first men that they have upon their staffs to represent them here in this case the first earnest solicita tion upon their part almost universally was to see Orchard, and that has been a mat ter which the newspaper men have had a desire to handle from the time they ar rived until the opportunity was presented yesterday. And a discussion of this matter with reference to seeing Orchard. In .view ot the stories which have been sent out from here not without purpose, either that he was in certain conditions, haa been going on constantly and long prior to any discussion of it here in the court. Gooding's Right to Act. Mr. Borah said that he declined to sub mit to the proposition that the news paper had interviewed Orchard for the purpose of Influencing the Jury. He said they could not control the newspaper situation, he would not ask the defense to publish their articles to suit the prose cution and he was not going to under take to control the situation..- He ' in stanced the fair attitude of the Idaho Statesman, the morning newspaper . at Boise. In refusing to publish the Chicago story dealing with the allegation that Charles Moyer had once been . in the (Concluded on Page 3- WEALTH ACQUIRED BY MOTHER EDDY Nearly $1,000,000 Be sides Real Estate. NO MONEY WRONGLY TAKEN Secretary and Accountant Say Frye Innocent. ALSO OTHERS ACCUSED Mrs. Eddy Declared to Have Read Trust Deed Before Signing It. Nine of Defendants Ignor ant of Her Affairs. CONCORD. N. H., May 17. (Special.) Two affidavits were filed by the defense in the suit of the Rev. Mary Baker G. Eddy by her next friend, vs. . Calvin A. Frye and others, which for the first time discloses to the world an idea of the wealth of . the founder and leader of Christian Science, which will easily reach $1,000,000. The first of these affidavits is made by Fred N. Ladd. Mrs. Eddy's pri vate secretary, who avers that on March 6 he turned over to the trustees under the deed of trust executed that day bonds of the par value of $738,770; a promissory note of $50,000, with some in terest due; and three savings bank books on which was due 8614.64. The value of the real estate holdings is not touched Upon. Mrs. Eddy Read Trust Deed. ' The second is by Harvey D. Chase, an expert accountant, of Boston, who was engaged to make an examination of the accounts kept by Calvin A. Frye and which also verifies Mr. Ladd's figures. In his affidavit Mr. Ladd, after detailing his duties as auditor of Mr. Frye's ac counts and as Mrs. Eddy's ' financial agent, says: "I was present at the execution of the trust deed'TSy" hefto Mr. Baker, Mr. McLellan and Mr. Fernald. Mrs. Eddy greeted us most cordially. There was some general talk and then Mrs. Eddy proceeded to read the deed aloud, word for word, from the beginning to the end, and her manner of reading showed that she thoroughly understood all its pro visions. During the reading she paused from time to time and made comments on certain of the provisions and ex pressed her views. "After she had finished reading she made the remark, in substance, that she understood she was putting all her prop erty out of her hands, and then said, 'I will sign that." "From my knowledge of Mrs. Eddy's THE NEW actual income and disbursements dur ing said 14 years, and my examination of her books and accounts showing the same, and lists of her securities ex amined by me from time, to time, I can confidently state that no " money or securities have been wrongfully misappropriated or diverted from Mrs. Eddy's property by Calvin A. Frye, Al fred, Farlow, Irving C. Tomllnson, Ira O. Knapp, William B. Johnson, Stephen A. Chase, Joseph Armstrong, Edward' A. Kimball, Hermann S. He'rlng, Lewis C. Strang or by anybody else. Exonerates Nine Defendants. "I also have reason to believe and do believe that, except Mr. Frye, none of said ten men has ever had anything to do with the management, control or disposition of any of Mrs. Eddy' income or securities or other property, or information about Abe same, ex cept in the most general, way, ana that ji 1 1 1 1 i iiii.iwiiiiijgPTiuiiwiJiii.iiiuuiJ-.TiJL t I v" X I iirtsii it Si j I 'I f v ii f -3 X :. f : ( ! JJM1SUI I MHS1BSSJ 1 ill illiWnltfiMliiiiMS iimiiiniirfiiiinirisir m k Edwin II. Conger, Ex-MInlster to . China and Ex-Ambassador to Mexico, Who Is Slowly Dying. no one outside of herself, Mr. Frye and myself during the last nine years has had any specific Information re garding her property, her Income or disbursements or her accounts except also Mr. George H. Moore, now deceased, who examined with me the bonds in the safety deposit box." In his affidavit Mr. Chase says no account was made of the real estate turned over. E. H. CONGER NEAR DEATH Kx-Mipister to China , Cannot Sur vive Night. PASADENA, Cal., May 17. Late to night It was reported from the bedside of E. H. Conger that death might occur at any hour during the night and that the former Minister to China will prob ably die before morning. Shortly before 10 o'clock Mr. Conger had a severe sinking spell, and the watchers were convinced that the end was at hand. To the surprise of the physicians, however, the patient rallied somewhat, although very slightly. Ratifies Stephenson's election. MADISON- Wis.,. May 17. The nomina tion of Isaac Stephenson by the Repub lican caucus last night as United States Senator, was today formally ratified in joint' assembly. Mr. Stevenson received 87 votes. HONEST ABE AND THE ,. MAYOR SGHM1TZ IHUS WRECK Held Back From Con fession by Lawyers FAMILY ALSO RESTRAINS HIM Says Ruef's Charge of Bribe Taking Is False. ANOTHER DEAL REVEALED Rnef Tells Grand Jury How Park side Company Paid for Fran chise It Never Got Rnef May Return Plunder. SAN FRANCISCO. May 17. (Special.) Mayor Schmltz is on the point of a nervous collapse. He recognizes that the end is at band. Ruef has already exposed his part in the trolley bribery and the Parkside deal and in the next few days will continue the exposure, showing how the Mayor figured in every corrupt deal put through dJrlng his administration. "" ' ' , The Mayor realizes that two courses are open to him. He can either con fess or hold out for a few weeks, when he will bo tried, convicted and Sent to the penitentiary. At present the Mayor is hesitating between the two- courses. Two of his attorneys want him to fight it out, and the third has urged him to confess. t ' Family Opposes Confession. i The members of the Schmitz fam have taken a firm stand against confession, because of the lasting dis grace. They figure that even after conviction he can take the stand that Rucf really was responsible for the corruption and forced the Mayor into, it. Schmitx today is almost aa muck a nervous wreck as Ruef. , When he speaks in mere conversation his hands wander nervously over his writing desk. He looks pale and drawn. Although he has denied himself to all newspaper men ever since the graft prosecution was instituted, he consent ed today to make a statement to your correspondent. "I have read the statements attribut ed to Ruef," said the Mayor, "In which Ruef says that he paid 'me $55,300 for signing the overhead trolley franchise. I can say to you that, if Ruef said that, he lied. He never paid me a cent of bribe money. I don't know what Ruef did. I am not his keeper. - If he has anything to confess, let him confess it. "It is true that I have agreed to abide by the decision of the committee of seven OLD GANG -! which I have appointed. This committee will make certain recommendations for the good of the city, and I have pledged myself to abide by the decisions of the committee. I have not abdicated and I do not Intend to resign. I have not given the power to this committee because I feared the District Attorney, but only because I believed the city was In a crisis as great as the one occasioned by the fire and earthquake.. The Industrial troubles and other matters had made the situation exceedingly grave and, I desired to get the aid and assistance of the substantial men of the city. That is all there was to it." - ' Ruef and Schmitz Hate Each Other. Although the Mayor puts on a brave front, his entire manner depicted the dread that fills his mind. The words of Ruef, "I . will ten all,"- ring constantly In . his ears. The hatred of Ruef and Bchmlts today is greater than ever was their friendship. "Why should I protect SchmltsT" asked Ruef. "What has he ever done for me? He haa deserted me in time of need. I shall tell everything' and: will -Ept shield the Mayor." ' J When Schmitz was informed that Ruef had told a newspaper man that he was as great a criminal as the worst member of the Board of Supervisors, Schmitz flew into a towering rage. "Who would believe that - convict V he shouted. "He lies." Seeks Terms for Confession. George Keane, formerly secretary to Mayor Schmitz and Ruef's representative in the State Senaet, Is the only politician who still enjoys the confidence of both Ruef and Schmitz. Keane was in confer ence with Schmitz for more than an hour today, and later visited Ruef. It may be positively stated that Keane will endeavor to learn the best terms Schmitz can secure for a confession. It may also be stated that the best that Schmitz can get la a modification of his sentence. Had he con fessed before Ruef, he might even have been granted Immunity, but now he must go to prison. Schmitz will appear in court on Monday, when the first case against him, that of extortion in connection with the French restaurants, will be called against him. Although his attorneys announced today that be would be ready to face his accus ers on Monday, the impression prevails in well-informed circles that Schmitz will confess before the trial comes to an end. TRY TO PTJIilj DOWN SCHMITZ Schmitz Wants His Abdication, but He Holds Fort. SAN. FRANCISCO, May 17.-Interest was divided today betwen the appearance of Abraham Ruef, late political "boss" of the city, before the grand Jury which is investigating charges of political cor ruption,, and the many reports of an im minent change in the municipal adminis tration. An -earnest effort is being made o And the solution of an unusual situa tion, but no plan has yet ben evolved that is satisfactory to all political in terests. A committee of seven prominent business men called upon Prosecuting Attorney Langdon and others who are conducting the "graft" prosecution with a view to forcing the oBard of Supervisors to resign In order that Mayor Schmitz may appoint a new board, which in turn would elect a successor to Schmitz. The plan was not acceptable to the (Continued on Page 3.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, SI degrees; minimum. 50. TODAY'S Showers; westerly winds. San Francisco Graft.. Schmitz' on verge of nervous collapse and may yet confess. Page 1. Ruef testifies about Parkside traction craft. Page 1. Schmitz refuses to resign and denies Ruefs charges. Page 1. Calhoun denies United Railroads bribery and says prosecution is Inspired by rival com pany. Page 2. Foreign. Two plots against Czar discovered. Pase 2. Horrible massacre by Cossacks. Paffe 2. English grafters sentenced by wholesale. Page 2. Politics. Chairman Brown says Ohio Is solid for Taft, and calls on Foraker and Dick to speak out. Page 3. Why Cox and Penrose sot In'llne. Page 5. Domestic. Haskin on baseball game. Page 5. Mrs. ' Eddy's wealth and how It Is man aged. . Pase 1. Presbyterian assembly moves for rigid Sun day observance. Page 4. Kuroki banqueted at New York. Page 4. Leading Democrat accused of stabbing Pe ruvian diplomat. Page 3. Sport. University ' of Oregon administer crushing defeat to Pullman track team. Page Beavers defeat Seals, T la' 8. Page 7. Pacific Coast. Prosecution springs sensations In Federal Court at Moscow. Page 6. Governor Chamberlain has been liberal with pardon power. Page 6. Portland Flouring Mills reported to be sold. Page 1. Judge Wood condemns interviewing of Or chard and may prosecute for contempt. Page 1. What Eastern newspaper men think of Or chard. Page 3. Portland Vicinity. Democrats hold big rally at Armory. Speak ers arge voters to Ignore party linea Page 10. Railroad Commission may Inquire Into mys terious disappearance of O. R. & N.'s I20.000 surplus accumulated during six years. Page 12. Council lets two paving contracts to Bar ber Asphalt Company after fight of many months. Page 10. Prizes are awarded by dog show Judges. Page 12. Shrlners make homeward-bound pilgrims welcome. Page 0. Railroad man to sue money-lenders for S5000 damages. Page 11. Sidelights on longshore etiquette given la Police Court trial. Page IS. Railroads announce Jamestown Exposition excursion rates. Page 11. Commercial and Marine. Sharp advantoe- in local wheat market. Page IT. All options close above, dollar mark at Chicago. Page 17. Stock market is neglected. Page 17. Outlook for general trade satisfactory. Page IT. French ship Bayonne clears . with wheat. Pas 10. DEAL ON TO BUY BIG FLOUR MILLS Portland-Tacoma Con cerns in New Hands SALE INVOLVES $5,000,000 Will Include 15 Factories in .. Oregon and Washington. T. B. WILCOX IN THE EAST Thought to Be Negotiating for the Proposed Sale Reported That the Portland Business Will Be Transferred to Tacoma. TACOMA. Wash., May 17. (Special.) Information Is received today from reli able source to the effect that negotiations for the sale of the Portland Flouring Mills Company's property, which Includes the Fuget Sound flour mills in Tacoma, have about been completed. The consideration Is said to be $5,000,000. The transaction involves the transfer of . 15 mills in Washington and Oregon. The corporation taking over the property is ' one of the strongest in the West. Formal announcement ot the deal will be- made in a few days. Move Portland Mill to Tacoma. With the official announcement of the transfer, plana for increasing the capacity . of the Tacoma mills to 4500 barrels a day will be announced. It Is reported that the Portland business of the company will be transferred to Tacoma. T. B. Wilcox, president of the Portland Flouring Mills Company, left for the East about two weeks ago, presumably' to close up the deal Indicated In the fore going dispatch. The report that th Portland business of the company will b transferred to Tacoma is discredited here. The reported transfer of this property includes 13 flouring mill plants with s total dally capacity of 15,000 barrel owned and operated under the name oi the Portland Flouring Mills Company,' the Pacific Coast Elevator Company,, with .about 150 warehouses and elevators in Oregon and Washington, and the Puget Sound Warehouse Company with about the same number of warehouses and ele vators. Mills In Two States. The principal mill Is located at Alblna It has a capacity of 4500 barrels dally. The next largest plant Is the Tacoma mill with a capacity of 1800 barrels, and which was the first one built after the Alblna mill. An Incomplete list of th other mills owned by the company and included In the sale follows: Oregon City, Salem, Albany and Dayton, all In Oregon; Spokane (2); Prescott, Harring ton, Odessa, Lind and Everett, In thi state of Washington. The present officers of the Portland Flouring Mills Company are: Presi dent, T. B. Wilcox: vice-president and general manager, J. W. Oanong; sec retary, Frank L. Shull; assistant sec retary, Allan M. Ellsworth. The prln-. clpal owners of the property are the Ladd estate. T. B. Wilcox and C. E. Ladd, individually. In the absence from the city of both Mr. Wilcox and Mr. Ganong. it was impossible last night to confirm the report of the sale, the other officers in charge of the com pany's affairs here having no knowl edge of the transaction. Old Company Formed In 1883. , The history of the Portland Flouring- Mills Company under the owner ship and management of the Ladds and Mr. Wilcox dates from i883. when, fol lowing a most discouraging year in the history of the flouring mill Industry, many of the mills found themselves practically bankrupt. During the year mentioned the late W. S. Ladd pur chased the largest flouring mill then in the state, located at Alblna, and he followed this purchase up by making arrangements for buying other big mlils located at Oregon City, Salem and at Dayton, Wash., and for erect ing the largest flouring mill on Puget Sound at Tacoma. Early in the 90's the Portland Flouring Mills Company was organized and since that time the other mills In the two states have been built. The company has a large export trade, shipping principal ly to England, China and Japan from its docks both in this city and from Tacoma. MORGAN PIERS ARE BURNED Southern Pacific Suffers Heavy Loss In Xew York City. NEW YORK, May 17. Fire tonight destroyed the piers of the Morgan line, owned by the Southern Pacific Railway Company, on the Hudson River at the foot ot Canal street, Manhattan. A large quantity of freight stored on the pier and in the sheds was destroyed and several ships which were berthed there narrowly escaped. The loss will reach 1500,000. Henry Wheian, Jr., New York. PHILADELPHIA, May 17. Henry Wheian, Jr., a well-known society man and banker, died at his home at Devon, a suburb, tonight, from pneumonia. He was the father of Mrs. Robert Goelet, of New York. it is 1