r- , , f' r- f b I- : : Jh: fctg wttatt : : i VOL. XLVI.-NO. 14,496. PORTLAND, OREGON, SATURDAY, 1907. FIVE CENTS. PORTLAND. OREGON, SATURDAY, MAY 25, - UNITED RMLWAT CHIEFS INDICTED SAN FRANCISCO, May 24. (Special.) "The people of San Francisco want acts, not! words. will only say that wo will make good wherever we accuse," was the brief comment or William J. Burns to night, and It. was. the only statement made for publication by the prosecution ifter it had accomplished what halt of the citizenship of San Francisco declared to be Impossible the Indictment of one of the most powerful magnates known to Wall street In. -the person of Patrick Calhoun. Although 19 indictments were placed on file, the grand 'jury has 14 more on Us secret file, which it will shortly make public. The case against the United Railroads has bean -one. . of the most baffling In the battle against the grafters, but It haa been worked up with an exact ness that has startled the entire city. It was the tightening web of evidence in this case that drove Abe Ruef to a confession and with the testimony of Ruef the indictment of Calhoun came as a matter of course. 2 Money Traced From Source. The prosecution has traced the 1200,000 with which the United Railroads secured Its franchise from Wall street to the Ban Francisco Mint immediately after the big fire In' April, 19x, when the Mint was used for banking' purposes. There the money remained for a few days, when It was drawn out piecemeal in lots of J50, ooo, converted Into currency and paid over to Ruef and by him passed on to the Mayor and the Supervisors. The evid ence Is strengthened by bits of conver sation, records of conferences at the office of Tirey L. Ford, attorney for the United Railroads. The fact that the Mayor received- 150,000 for signing the ordinance granting the overhead-trolley permit was learned through the testimony of Ruef. -Holds Shot in Kcserve. Fourteen indictments were returned charging Calhoun, Mullally, Ford, Abbott, Sehmlts and Ruef Jointly with the brib ery of the Supervisors. Seventeen Super visors were bribed, so tt may therefore be seen that three of the Indictments were held In reserve. This Is the Heney method. The 14 Indictments will act as a sort of advance guard to draw the fire of the defense. If the defense succeeds In shooting any holes In them, the three in reserve will be altered . to make them impregnable, taking advantage of' the facts brought out. However, all of . the Indictments filed today show a most careful attention to all the details, nn id'"r J'yr tonight pronounced them perfect. The brunt of the fight of the defense will fall upon Calhoun, who has already enlisted the services of Morlts Rosenthal, the Standard OH attorney " of Chicago, and Earl Rogers, the best-known attor ney of Los Angeles. Calhoun is prepared to spend the last cent of his vast fortune to defeat the prosecution. California Is looking ahead to one of the greatest legal battles In the history of the Nation. IXDICTS STKEETCAR KINGS Grand Jury Accuses Calhoun and Others or Bribery. SAN FRANCISCO, May 24. The speculation that has been rife for weeks as to what the grand jury would do In the matter of Indicting: high cor poration officials and municipal offi cers for alleged bribery in connection with the granting of the overhead trolley franchise to the United Railroads ended tonight . when the Inquisitorial body returned nine indictments on 89 counts, charging the crimes of giving and accepting -bribes and naming as guilty the following persons: Mayor Eugene E. Schmltz, Abraham Ruef, President Patrick Calhoun and Assistant to the President Thornwell Mullally of the United Railroads, Tirey L. Ford and William M. Abbott, attor neys of that corporation; and also Pres ident Louis Glass and ex-Agent Theo dore B. Halsey of the Pacific States Telephone A Telegraph Company, the last named indictments being in con nection with a deal by which the estab lished telephone corporation sought to prevent the granting of a competitive franchise to the Home Telephone Com pany. Summary of Indictments. Fourteen indictments, containing 84 counts, were returned jointly against Schmltz, Ruef, Calhoun, Mullally, Ford and Abbott, whom the grand Jury accused of bribing 14 supervisors In amounts ranging from $4000 to $15,000 each to vote the change In the fran chise of the United Railroads by which that corporation immediately after the .fire gained authority to electrify its 250 miles of street railway system in San Francisco. Two additional Indictments were re turned against Schmltz, the one charg ing that he sought and accepted from Ford and Ruef a bribe of $50,000 ,for his co-operation in the trolley desl, the other charging that he sought and re ceived from Frank G. Brum and Ruef a bribe of $3250 to approve the vote of the Board of Supervisors fixing the public gas rate for 1906 at 85 Instead of 76 cents at the behest of the San Francisco Gas & Electric Company. Two Indictments were returned against Louis Glass, charging him with the bribery of two Supervisors who re fused to vote a franchise competitive with that held by Vte Pacific States Telephone Company. These Indict ments are additional to the nine others returned against htm several weks ago in the same connection. The indictment returned today against Halsey Is identical with those returned against Glass and with the eleven previously voted against Halsey himself. Huge Sums In Bail Required. fX was . after 6 o'clock when the grand Jury adjourned from its regular meeting place in Native Sons' Hall and went in automobiles to Judge Coffee's department of the Superior Court at California and Webster "streets to enter the 19 true bills. A. A. Moore, of the United Railroads legal staff, and Earl Rogers, of Los Angeles, who has been especially engaged for the defense of Calhoun and his assistants, appeared for the railway corporation. Other than a few lawyers, several newspaper men and 17 of the 19 members of the grand Jury, there was no audience present. Judge Coffey announced, after running his eye over the Indictments, that he would fix bail in the sum of $10,000 on each of the 89 counts. He gave the ac cused until 11 tomorrow morning to fur nish bonds and remarked that he would accept In lieu thereof cash ball of $5000 on each count. Assurance was given that pending the arrangement of ball no ar rests will be made by the prosecution, so the nine men accused of the giving or taking of bribes are at liberty on their own recognizance until tomorrow. Friction in Grand Jury. The failure " of Messrs. Young and Sonntag. members of the grand Jury, to J: iK. tti, V vS : " -V, jO Howard Gould, Who Used New York Police to Oft Kvldenoe In Beuantlon Suit Against His Wife. accompany the grand jury to Judge Cof fey's court was not explained, though their absence was formally noted. .The fact that Mr. Sonntag and Mr. Young followed each other in that order from the. grand jury chamber shortly before the body started for court and that they appeared to be laboring under excite ment and anger, gave rise to a report that the voting of the 19 Indictments was not accomplished without friction.- No confirriatlon of this could be obtained. The statement was made unofficially that all but $140,000 of the entire amount (Continued on PBe 3.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 68 degrees; minimum, 32. TODAY'S Fair, porthwest winds. Pacific Coast. San Francisco grand Jury Indicts Calhoun. Mullally and other United Railroads men for bribery. Fas 1. Burns predicts prosecution will make good. but great legal battle Impends against United Railroads. Page 1. Lawyers in Schmlts mm have stormy times. Page 3. Only, one more Juror accepted In Haywood trial. Page 1. Attorney Rulek ' says he Is being shadowed by detectives in employ of . defense at Moscow. Page 6. Attornpy-Qeneral says defect In referendum petition Is fatal, .but withholds filing de cision. Page 6. Price of Hour goes up. Page 0. National. . 6enat6r. Pettus dsolares Brownsville In quiry violates President's prerogatives. Page . Supreme Court decision will not force sus pension of Irrigation work. Page 4. Politic. Cortelyou not candidate for President. Page 4. Domestic. Mayor Beardsley turns" down Kansas City police with bad records. Page 2. Argument of next - friends of Mrs. Eddy. Page 11. Russian Consul will investigate death of Deraylan. Page 1. McLaughlin escapes' penalty in Gould scan dal case by retiring; - Nlcoll admits facts. Page 1. Mrs. McKinley holds her own, but Is un conscious. Page 0. Complaint against Pullman car rates. Page 2. Argument in Government suit to dissolve : oil trust. Page 5. Presbyterian Assembly adjourns after de nouncing Sabbath-breakers. Page 2. Theodore Tllton on death-bed. Page 1. Sport. Los Angeles defeats Portland, 3 to 0. Page 7. - Edgar Frank defeats Venable of Seattle in wrestling match. Page 5- University of Oregon track team defeats Agricultural College at Corvallis. Page Commercial and Marine. Better undertone in hop market. Page 17. Eastern wheat prices lower on favorable weather. Page 17. Less selling pressure In stock market. Page 17. Trade better In Pacific Northwest than elsewhere. Page 17. Plans for trial trip of Steamer J. N. Teal. Page 16. Portland and Vicinity. Both Mayoralty candidates urge voters to vote for fireboat vand new water-main bonds. Page 10. Coos Bay people join move to break land grant monopoly. Page 12. - Central Oregon people confident that Har rlman will complete railroad through center of state. Page 13. Seventh Day Adventlsts open annual con ference and campmeetlng. Page 10. Both parties arrange programme for clos ing week of city campaign. Page 10. Rose, pink: and green chosen as colors for rose show. Page 16- 'Clarence 4ayne. of Tacoma. Northern Pa cific brakeman, killed In collision In out skirts of Portland. Page 11. M ' LAU GH LI N OUT; NQU1RY GOES OH GouldsBothSummoned to Give Evidence ABOUT POLICE INTERFERENCE Nicoll's Part in Investigating Bigamy Charge. NOTHING UNUSUAL, SAYS HE Veteran Xcw York Police Officer Gets Out With Pfenslon, While Commissioner Digs to Bot tom of the Conspiracy. NEW YORK, May '24. Captain W. M. McLaughlin, one of the best-known officers in the Police Department, who has been 30 years in service, will re tire from the force at midnight to night. The former Inspector today made application for retirement on half pay, which Will be $2500 a year, and as he has served his 25 years and no charges .against him are pending. Commissioner Bingham has no alter native but to grant the application. This retirement, too, will remove Mc Laughlin as a figure'in the Investiga tion of the alleged Gould conspiracy. The captain had been ill with bronchi tis, and It was understood that he was soon to have been officially examined by a headquarters physician to deter mine when he would be able to ap- pear before Deputy, Commissioner .Hanson and explain his alleged con nection with the affair, of which Lieu tenant Frank Peabody told Mr. Han son last night. However, as the appli cation ' for 'retirement forestalled any possible charges, McLaughlin may be said to be out "of the-case. - Inquire Into Gould Scandal. . When Mtft-aughlln was preparing his application for retirement today. Dep uty Commissioner Hanson was con tinuing his inquiry at police head quarters, and It was learned that both Howard Gould and his wife had been served with subpenas to appear before him and tell what they know about the participation of Lieutenant Peabody anil Captain McLaughlin in Mr. Gould's search for divorce evidence. Edward Sholes, the former circus rider who Is credited with having started the report that Mrs. Gould, while Miss Katherlne Clemmons, had been married in Baltimore to Samuel Dawson before she came to New York, was before the Commissioner, and threw still more light upon the con nection of the police with the Gould family troubles. He was placed on the stand by Mr. Hanson and after re lating conversations he had had with "Big Hawley" in regard to the al leged marriage and their investigation of it. He said: Toid It All to Xlcoll. "Later on I was summoned to In spector, McLaughlin's office.. He put me through a long examination and cross-examined me very closely. He asked me if I was sure that the wom an who married Dawson was Mrs. Gould. I told him all I knew about it, and then he said: " 'Now you come with me down to Deiancy Nlcoll s office.' I went with McLaughlin to Deiancy Nicoll's' office THE HEAVY and told Mr. Nlcoll ' just what I had told the inspector and Peabody and Big Hawley" and others. That Is all I had to do with the affair." Mr. Sholes was asked if Captain Mc Laughlin ever 'suggested to . him to visit the District Attorney's office. He replied in the negative. Nlcoll Explains It All. " Deiancy Nlcoll, upon whom, as coun sel for- Howard Gould, Mrs. 'Gould served notice of her suit for per manent separation upon the grounds of desertion, cruelty and Inhuman treat ment. Including a police conspiracy against her, today made a statement setting forth his connection with the alleged conspiracy. - In brief. Mr. Nlcoll explains that there came to the ears of the police that a crime had been committed In that Katherlne Clemmons, while having a " husband living, married Howard Gould. Very properly, he holds, the police looked into the matter at his suggestion. When they had satisfied themselves that the gossip concerning Mrs. Gould was baseless, they dropped their Investigation, he says.' "There-was nothing done," Mr. Nlcoll 4s Mrs. Howard Gould, Against Whom New York Detectives Make Chance of Hlg-suny. adds, "on behalf of Mr. Gould which was unusual, other than any other citizen has a right to have done for him." It was said tonight that the retire ment of McLaughlin and the explana tion of Mr. Nlcoll would not stop the inquiry under way at police headquar ters. CUTS POLICE WITH RAZOR Xegro, Believed to Be Fugitive Mur derer, Captured In San Jose. ' SAN JOSE, Cal., May 24. -A negro, believed to be Jesse Coe, wanted in Indianapolis for the murder of Police man Charles Russell on September 30, 190, was arrested here tonight after a fierce battle with two policemen, both of whom were severely slashed with a razor wielded by the prisoner. He was finally overpowered and Jailed. SCRUGHAM jJNDER ARREST Manager of Policyholders' Commit tee Faces Forgery Charge. . NEW YORK. May 24. George El Scrugham, manager of the International Policyholders' Committee, appeared in Police Court today and was formally placed under arrest on a warrant charg ing him with forgery. He was taken be fore a magistrate and. ball was fixed at ,2509, r- ..-.;.' Serious Wreck Reported. CITY OF MEXICO." Mex.. May .24. A telegram - to the Herald from San Luis Potosl says that a serious wreck has oc curred near that city, caused by a collision- between a freight -and a passen ger train. Many persons . were reported killed and injured. HAND AND THE STATE'S POSSIBLE JURORS M ELT AWAY FAST Haywood Lawyers Dis pose of Many More. DIG DEEP INTO THEIR MINDS Sample Examination Is That of John Beery." HAS 0PINI0N,BUT NOT FIXED Wide Latitude - Allowed by Judge Produces Only One Acceptable Juror In Day's Session An other Venire Will Be Needed. BOISE, Idaho. May 24. (Special.) It was with a great deal of depression that the public saw the last panel of talesmen melt away today with only one man qualifying for the Jury to 'try W. I. Hay wood. Though the length of the sessions has been Increased and 19 men were called, only one qualified, and he was on the stand when court adjourned 'last night, Henry Curtis. He proved satis factory, to the defense and will probably stick. It is well, known that the defense expected the state to challenge him, but the prosecution seems entirely easy about his fairness. The latitude permitted in the examina tion of talesmen, which has been in evi dence since the first, was emphasized to day. The attorneys, particularly those for the defense, are permitted to go at length Into all manner of subjects. They Inquire about a man's politics, his reli gion, for whom he voted, his lodge affili ations, what was done In the lodge, what he had read and what effect it had on his mind and a. vast multitude of subjects.' Not only is such great latitude permitted In examination, but the court Is liberal In the extreme In allowing, challenges In some instances. This was all brought out' strikingly in the examination of John Been, a farmer. Leading features of the examination are given" herewith to Illus trate: t ; . Opinion, but No Prejudice. He said he had received free copies of the ' Unionist and Appeal to Reason. He had not subscribed for them. He said hb had never formed any opinion as to the guilt or Innocence of Haywood. He affirmed that he had no feeling of bias or prejudice either for or against the defendant or. the state. He said he would have no trouble at all In' dismiss ing any impression he may have ac quired by reading or discussing the case. If called upon as a juror. He . was not opposed to capital punishment. If cir cumstantial evidence was strong enough to establish the guilt of the accused be yond a reasonable doubt, he would bo willing to accept It. The juror was passed for cause by the prosecution, . Mr. Darrow took up the examination for the defense. After a few preliminary questions the Juror told Mr. Darrow he was a Methodist. "Are you a Republican?" "Yes." "Always vote that ticket?" "Every time I get a chance," was the reply, which caused a ripple of laughter. Admits Talking of Case. Mr. Darrow asked many questions rer gardlng what the prospective Juror had ' read about the case and found Mr. Beery RESCUERS had been kept pretty well posted regard ing the events. "You discussed the case considerably?" was asked. - "Oh. not very much." was the reply. "I didn't take much Interest in the case." "Well, when folks talked with you, you talked, too, didn't you?" ' "Yes, I suppose so,, but not much." He said he had read lots of, things that he thought ' were true, and he had also read a lot of things he was pretty certain were false. He said he had no feeling one way or another toward labor unions. He knew very little about them. ' "Did you ever form an opinion that Moyer, Haywood and Pettibone were con nected with this crime?" "No, I never knew whether they were guilty or' not." "But didn't you form an opinion?" "Everybody, I suppose, has some opin ion," he replied. "How long have you had that opinion?" "Oh, a year, I guess.". Has No Set Opinion. "Set opinion r ' " ' ". "No, sir; I don't let opinions get set on my mind until I know the truth." The Juror admitted that It would take X 10- J v.- y Mayor Engene E. gchmlts, of San Francisco, Indicted for Aorrptlnc Bribes From United Railroads Gas Company.. some evidence not much to remove his opinion. Mr. Darrow challenged the Juror on the ground -of Implied . bias. The challenge was promptly denied by the prosecution. In answer to,quetlqns by, Mr. Hawley, the juror declared that his opinion was not a Qxed, unqualified opinion. He said his opinion would not affect him in any way In" arriving at a verdict. - "Do you think- you would make a good Juror?" i . "Yes." "Such a Juror as you would want If you were on trial yourself?'.' , "Yes." The Juror later admitted that he had a sort of . an opinion, but' one which a small amount of evidence would remove. Mr. Hawley again asked the Juror a few questions. He first said he had no opinion as to the guilt or innocence of the ac cused; then he said he had an opinion, but not one that could not be laid aside if he was called as a Juror. He said he could lay aside his opinion and. as a Juror, be governed solely by the evidence and the law in arriving at a verdict. He said he had never sat as a juror In a crimi nal case. Challenged for Bias. During Mr. Darrow's third attempt to disqualify the juror, Mr.. Hawley made a heated objection to the method . employed by the Chicago attorney In asking ques tions.' He said he employed an argumen tative style that was not lawyer-like, very objectionable. Mr.. Hawley's objection was overruled and- an exception noted for the 'state. , , . , .. Judge Wood then asked, tho juror a few questions regarding' his "opinion," and then dented the challenge of the de fense for Implied bias. ... "Then we desire to challenge the juror for actual bias In that he Is prejudiced against 'the defendant, William D. Hay wood." : "Have' you any questions to ask the juror to support that challenge?" asked the court. Mr. Darrow spent 10 minutes in exam ining, the Juror for the purpose of trying to get him to admit that he had a preju dice against the accused. The matter was finally put up to the court. Judge Wood said that he thought that the tales man was perfectly qualified to sit as a Juror in the case, so far as his "opinion" was concerned. He believed the Juror had no opinion that would disqualify him, but still such a record had been made In this examination that he was con strained not to overrule this challenge. r . Gives Defense the Benefit. . . Mr. Hawley then made a strong talk. He said' nothing had been brought out in the examination to show that the Juror was disqualified because of having an unqualified opinion. "I believe the Juror is qualified," said Judge Wood, "but there are some doubts and I will sustain the challenge. Mr. Beery, you are excused." . That Is given at length to show just what obstacles are met with In filling the Jury box. . It Is fairness of the most perfect character, but it Is felt that It Is unnecessarily fair. The kind of ex amination objected to by Mr. Hawley Is a form In which the juryman Is confused by nicety of terms and involved expres sions, being made to say things at least impliedly which he does not mean. There remain 26 of the panel of 80 re turned yesterday, and another venire will have to be Issued Saturday in all proba bility. The state yet has three peremp tory challenges and the defense four. AJTOTHER VENIRE YET NEEDED Challenges for Bias Bowl Over Tales menl n Rapid Succession. ' BOISB, Idaho. May 24. The second spe cial venire of talesmen in the Steunenberg murder case Is proving barren of men qualified to act as jurors, and. unless the form shown by the first half Is completely h " ' ' LI . J i Concluded on Page 1.) STILL" QUESTION . DEREYLAN'S SEX Case Rests on Identifi-, cation of Body. 1 RUSSIAN CONSUL INTERVENES Widow's Claim to Estate Hangs ; on Question of Sex. IS DEREYLAN STILL ALIVE? Conflicting Evidence of Relative and Friends Gives Color to The ory Woman's Body Was Sub stituted for That of a Man's. CHICAGO. May 24. Baron von Schllppenbach, Russian Consul In Chi- ' cago. will leave for Phoenix, Aris., to- . morrow to identify . the remains of -Nlcholal. Konstantlnovich De Raylan, as those of. the clerk formerly em- ployed in the office of the Russian ' Consulate in this city. The body was ' exhumed today for this . purpose. . A deputy from the ofTlce of Gard- , ner. Stern' & Anderson, representing" Public Administrator Reddick, Is at-' ready, in Phoenix for the purpose of i taking depositions to establish the sex of De Raylan. The hearing will be held in Phoenix Tuesday. The death of De Raylan and the efforts of his al- : leged widow to recover $8000, the es tate left by the mysterious clerk, has opened the . most perplexing problem the Public Administrator's office ever has been called upon to solve. Mrs. F. P. BruchuIUs, of Chicago, who was 1 married to De Raylan for nine years, and Anna De Raylan. who claims Mi estate, each declare that he was s man.' Information to the effect that De ' Raylan was a woman, masquerading . as a man, led the Public Administrator Into an investigation to determine- th sex of the deceased. ' ' 1 .' - Owner of Estate Involved. "If De Raylan wm a woman," said Attorney Anderson today, "there could have been no marriage between her and Anna De Raylan. who claims to be the widow. In this event,- the alleged widow Is not entitled to any part of the estate. If De Raylan was a man, Anna De Raylan will come In for her share of the- estate. The evidence so . far forwarded td the Public Admlnls- . trator by the Coroner In Phoenix tends to confirm the report that De Raylan was a woman who had masqueraded successfully as a man for yeans. De Raylan first came to Chicago with a representative of the Russian Gov ernment at the time of the World's ' Fair, and had lived here almost all the time since, l.aat year De Raylan became 111 with consumption and went to Arizona In search of health, dying in Phoenix, December 18, 1906. Evidence Conflicting. The conflict between the evidence to be given by De Raylan's wives and of that begun by officials and physicians from Phoenix promises to bring about an unparalleled Issue In the local Pro bate court. The case Is rnysterlous from any standpoint. Men who be longed to the same athletic club with De Raylan Insist he was a man. Hli physicians who cared for him during his Illness at Phoenix and attendants who prepared the body for burial In sist he was a woman. The burial was secret and hasty, no one from Chicago being present. - It is hinted that the real De Raylan In living and that another body was substituted. It Is also Intimated that De Raylan was a member of a nihilist society and escaped before being dis covered. Still another story is that he or she was. the daughter of a Russian nobleman, forced to flee In dis guise. ECHO OF BEECHER TRIftL THEODORE TIITON JT1XG OF PNEUMONIA. . Lives In Paris, Hated Man Since , Famous Scandal That Brought Disgrace to Two Families. PARIS. May 24. Theodore Tllton, th American editor and author, who has been ill in this city for several days pact of pneumonia, is weaker tonight. He can no longer retain nourishment, and there fore his chances of recovery are greatlj lessened. In 1ST4 Mr. Tilton preferred serious charges ' against Henry Ward Beecher, who had been his pastor and ' Intimate friend, and demanded civil damages in the sum -of $100,000. After the tragedj which wrecked his career Mr. Tllton came to Paris, where he has since lived the solitary existence pf a hated man. To his intimate friends Mr. Tllton sel dom or never spoke of his wife or Mr Beecher. One of his friends, with whom he happened to be on the day he learned of Mr.. Beecher's death, said Mr. Tllton after he heard the news, did not utter I word for five minutes, and when he dl speak It was of other things. Mr. Tilton's daughter, who lives in thi United States has of recent years wanted him to return to America, but he siwayi refused. r ft 1. . "