Jtitmwf jj pmfett
VOL,. XLVI 0. 14,505.
PORTLAND, OREGON, WEDNESDAY, JUNE 5, 1907.
PRICE FIVE CENTS.
HIRED ASSASSINS
TO KILL ENEMIES
Hawley Tells Charge
Against Haywood.
INNER CIRCLE OF FEDERATION
Conspiracy to Rule Mining Re
gions by Terror.
WAGE SCALE FOR MURDER
Terrible Arraignment Goes Back to
Origin of Organization The First
Witnesses to Testify Orchard
Takes the Stand Today.
BOISE, Idaho, June 4. Through James
H. Hawley, senior of the group of prose
cutors, the State of Idaho today made the
opening statement against 'William D.
Haywood, whom it charges with the mur
der of Frank Steunenberg, and then be
gan the presentation of the testimony by
which it hopes to prove the Indictment
laid against him. The opening statement
was a broad, sweeping arraignment of
the leaders of the Western Federation of
Miners, who were charged with plotting
wholesale murder and hiring assassins,
all In a gigantic conspiracy of vengeance
upon those who obstructed their sway, to
destroy opposition by terrorism, to con
trol the political destinies of the commu
nities covered by their organization and
to perpetrate their own power within the
organization.
It charged a widespread conspiracy dat
ing In Inception from the North Idaho
disturbances 15 years gone, reaching down
to the murder of Frank Steunenberg,
and whose murdered victims by bullet
and bomb numbered scores. Hawley de
clared that wherever In the mining sec
tions of the Coast States the federation
had been In control there had been left
a trail of blood to mark its operations.
Of the hired assassins he cried:
"To them murder became a trade and
assassination a-means of living."
Conspiracy L.ed to Murder.
As to the general conspiracy, Mr. Haw
ley said:
I have satd. gentlem.n. it has been part
of their object and policy to control the
politics ot various sections where they have
lived, where they have existed, where their
organization, their subordinate lodges have
had control. Thin conspiracy, this collusion,
these crimes, this understanding between
the leaders of this orcanlzatlon, together
with some that were associated with them in
a subordinate role, together at other times
with others that upon the outside played
into their hands, who were necessarily
brought Into their confidence, has. as I
have stated before, caust'rt the death and
been the real cause of the death of Gov
ernor fSteunenberg. It la well, then, for us
to Inquire as to the objects of this collu
sion and this understanding and this con
spiracy. It Is well to go into the objects
of these leaders In accordance with the
principles that actuated them In effecting
this organization, so far at least as Is nec
essary. In order to enlighten us as to th'.s
particular crime that is charged, and on
this, gentlemen, I will say that we expect
to prove, and I have been exact In this
matter and will call It to your attention
with the words that I have considered,
lhat this was not the only object of this
organisation; that, although the persons
romposlng the executive committee, so far
in their personality was concerned, have
Thanged at various times, their objects, the
rteas of the leaders of the body, have never
changed.
Inner Circle Hired Assassins.
By mutual agreement and understanding of
these lenders at the very Inception of this
rganlxation, certain objects were aimed at.
iml It has always been the object of the
"Inner circle" of this organization to ac
lompllsh them. In fact, we will prove to
vou. gentlemen of the Jury, that at the In
ception of tills organization a conspiracy
was formed by the members of the "inner
circle." the object of which was to per
petuate their own power, intluence and con
trol, both In the federation Itself and in
the governmental matters -of the different
sections of the mining country, wherein
they had control, by employing, gentlemen,
desperate criminals to commit murders and
other atrocious crimes by unusual and
alarming methods against those who In offi
cial position refused to be influenced by
their wishes and those who In private Ufa
ran counter to their Interests.
We will go further and prove as part of
our rase, as showing who is responsible
for the murder of Frank Steunenberg. as
showing the circumstances surrounding thajr
murder and who caused It to be commit
ted, that the leaders of this federation,
the men who compose the "inner circle,"
have for- more than eight years past made
a record of deeds of violence and that their
chosen nwthods and course and custom has
left a trail of blood In the mining sections
of this entire Coast wherein they have had
control. We will show that the leaders
who comprise this "Inner circle" have
traded In blood, employed hired assassins
to take life and destroy property, as their
Interests seemingly required, and as part of
their general practice of protection have
raised by assessment levied upon the mem
bers of their order a large amount of
money as an emergency fund, and from It
not only squandered large sums for their
o n personal purposes and In certain crim
inal methods, but have also from It re
tained the best legal talent to defend
those of their number charged with crime.
Scale of Wages for Murder.
After retelling the story of the Caldwell
crime, the arrest and confession of
Orchard and pa't of the history of the
Coeur d'Alens trouble Mr. Hawley said:
The original proposition and theory that
the power of thle federation, of the "Inner
circle" at least of the federation, could
best be perpetuated by the murder of those
who in ofTlclal life or in private situation
ran counter to their Interests, became &
tenslned seemingly after they assumed the
entire control. The "Inner circle." com
posed as It was ot this defendant and co
defendants, to a great extent brought
around them a few choice spirits and to
them murder became a trade and assas
sination a means of living. We will show,
gentlemen, that a scale of wages was even
devised, fixing the amount to be paid for
different crimes by this "Inner circle" to
parties who committed those crimes, a'll
chief amongst those who were doing the
actual work that was planned by the
"Inner circle" and paid for out of the
funda of the federation fey the members
of the lnner circle': was this man to
whom I have referred, Harry Orchard, and
one Steve Adams.
Mr. Hawley spoke for nearly an hour
and a half to a courtroom crowded, but
silent, to a jury which, sitting, bolt up
right, watched for every word, to a
prisoner who with his family around him
was several times moved to deep emotion
as the prosecutor pronounced the charges.
Running Fire of Objections.
Counsel for the defense opened fire be
fore the statement had proceeded ten
minutes and the repetition of objections
from them led to three or four sharp ex
changes. They protested against the
charge that the federation was guilty of
"scores of murders" and the assertion
that the conspiracy extended back to the
first trouble in North Idaho, which was
years before the accused was a member
of the organization, and they accused Mr.
Hawley of arguing the case In an open
ing statement. They dotted the record with
exceptions and over-ruled objections and
finally got an agreement whereby they
could protect their rights as to the entire,
opening statement.
Judge Wood permitted the wide
scope in the opening? statement on the
assurance of Mr. Hawley that the state
could show the existence later of the
conspiracy which It charged and make
the necessary legal connection.
Tell of Orchard at Caldwell.
Eight witnesses were examined and
there would have been time for three
or four more if the available supply of
the state had not unexpectedly run out,
enforcing an adjournment soon after 3
o'clock. The witnesses today were all
from Caldwell, and those who did not
tell of the crime Itself were called to
locate Harry Orchard, who went to the
town as Thomas Hogan, at various lo
cal hotels and around the Steunenberg
home, and to show that two months
before the crime, J. K Slmpklns, a
member of the executive board of the
Western Federation of Miners, had
joined Orchard- and had lived with htm
for several days in the same room.
C. F. Wayne, who passed outward
through the gate 20 minutes before
Steunenberg was blown up, told of the
explosion and the shocking condition
of the. victim when he, responding to
Mrs. Steunenberg's call, had run to
Steunenberg.
J. W. Gue, the surgeon, described the
body. He found leg bones broken to
fragments by the great force of the
explosion, while the skin that covered
them was unmarked.
John C. Rice, N. S. Ellis and A. Bal
lentyne, residents of Caldwell, traced
Orchard, about the . town, at various
times before and after the crime, and
then came Julian Steunenberg, son of
the dead statesman, to tell how Orchard
had three days before the murder in
quired of him about his father's move
ments. Steunenberg's Son a Witness.
Julian Steunenberg Is a strong, well-set-up
youth with light hair. He took
the stand very bravely, but, when Sen
ator Borah began questioning him. a
cloud of pain passed over his face and
he shielded his eyes, evidently to keep
back the tears. He told of meeting
Orchard, then known as Hogan, at the
local railroad depot In Caldwell, three
days before the crime and telling him
In answer to his inquiry that his father
would be home the following Friday.
He said that he was on his way home
with his uncle and was two blocks be
hind his father when the explosion
occurred.
L. J. Bowman, James Russell and
Steve Dempsey, proprietor of the Pa
cific Hotel at Caldwell, traced the
movements of Orchard and Slmpklns.
The latter was Identified Dy a pnoto
graph, which will be the first exhibit
offered in evidence by the state, and
who was known to all the witnesses
as "Simmons." Mr. Dempsey Identified
the hotel register where Orchard, as
Hogan, and Slmpklns, as Simmons, had
signed their names on ' November 3,
1905, and it was marked for Identifica
tion. The defense briefly cross-examined sev
eral witnesses and the line of questions
was aimed at making It clear that Or
chard had shown himself conspicuously in
the streets of Caldwell, and that neither
he nor Slmpklns had sought to conceal
their movements. It may be that this
was done to lay the foundation for the
counter-conspiracy charge that it is
thought the defense will bring forward.
The defense objected to practically
all of the day's testimony, except that
relating to the death of Steunenberg,
on the ground that it was immaterial
and in no way connected with the de
fendant. The several conversations
with Orchard were objected to on the
ground that they were In no way bind
in.'; upon the defendant. Judge Wood,
however, permitted all of the testi
mony to stand on the' undertaking of
the prosecution to show the connection
later.
Orchard to Testify Today.
When court sits at 9 o'clock tomor
row morning there will be further tes
timony as to the events at Caldwell,
and then Harry Orchard will take the
stand. Orchard Is to be brought In
from the penitentiary in the forenoon
and turned over to Sheriff Hodgin until
he has been examined and cross exam
ined to the satisfaction of both sides.
He will be a close-cell neighbor in the
County Jail to the men whose lives be
may swear away, but it Is likely that
they will not get even a glimpse of
him during his stay there.
Lawyers' Furious Clash.
The most violent passage between the
lawyers occurred when Mr. Hawley had
repeated his statement that the leaders
made It a practice to employ desperate
criminals to remove those who ran coun
ter to their Interests. Mr. Darrow de
nounced this as "a mere piece of rhet
oric" thrown in for the purpose of preju
dicing the Jury.
"It Is nothing of the sort," retorted
Hawley. "It is a part of the evidence
and the basis of this case."
"The court will not permit an argu
ment." said Judge Wood, "but the at
torney may proceed with a statement
of the state's case." ,
"I know what I am about," said Mr.
Hawley, glaring at Mr. Darrow across
the two counsel tables.
"It doesn't look like- it," declared Mr.
Darrow.
Quick as a flash Mr. Hawley turned
(Concluded on Page 8.).
FORCE HARR1MAN
TO-OPEN HIS LIPS
Government Will Soon
Begin Suit.
ROOSEVELT HAS DECIDED
Move to Compel Answers Con
cerning Stock Deals.
CRIMINAL CHARGE ALSO
Interstate Commission and Lawyers
Will Decide This Week Whether '
to Prosecute Under Sherman
Law for Forming Merger.
WASHINGTON, June 4. The question
as to whether the Government will enter
on criminal prosecution against R. H.
Harriman, the railroad magnate, for violation-
of the Sherman anti-trust law,
was considered at a conference between
President Roosevelt and F. K. Lane,
Interstate Commerce Commissioner, at the
White House tonight. Mr. Lane was
with the President for more than hour
and upon leaving the White House an
nounced that before July 1 legal pro
ceedings .would be Instituted to compel
Mr. Harriman to answer certain ques
tions propounded to him by members of
the commission at the recent hearing in
New Tork, when the Alton deal was un
der investigation. .
Decide on Prosecution.
Previous to his conference with the
President, Mr. Lane had conferred with
Frank B. Kellog-g, special counsel for the
Government in the Harriman investiga
tion. Mr. Kellogg, it is said, will have
a conference with the President some
time this week, and will later go to New
York to institute suit against Mr. Har
riman to compel him to answer the ques
tions regarding the Alton transaction. At
this conference all the members of the
commission will be present and it will
be definitely decided what action the Ad
ministration is to take in regard to' the
criminal prosecutions againBt Mr. Har
riman. While no date has been set for
this conference, it probably will be held
on Thursday or Saturday of this week.
The proceedings to compel Mr. Harri
man to answer the questions referred to
will be brought in the courts of the
Southern district of New Tork. Whether
the prosecution or the defense should
win the decision, the case is expected to
be appealed to higher courts and ulti
mately to the Supreme Court of the
United States.
Will Not Await Decision.
According to opinions already expressed
by members of the Interstate Commerce
Commission, it may be a year or even
more before final decision can be reached
on these efforts to compel answers to the
questions to which Mr. Harriman de
clined to respond. For these reasons it
T-.... ...... ............ ....................... .t
I OH, THE FLIRT ! I
x j
rr. .1
was announced several weeks ago that
the commission did not intend to await
the result of these proceedings before
taking action on the general subject of
the investigation of the Harriman lines. ,
Soon Act on Soft Coal Road Suits.
WASHINGTON, June 4. Attorney-General
Bonaparte said today that he had not
yet had a conference with the President
on the subject of the proposed suits
against the coal-carrying roads, but it
was his expectation that he. with other
members of the Cabinet, would meet with
the President within the next two or
three days and determine upon a line of
action.
Northwestern Road on 2-Ccnt Basis.
LINCOLN, Neb., June 4. The North
western Railroad Company, through its
agent,- today gave formal notice to the
State Railroad Commission .of a revision
of its passenger tariffs to comply- with
the 2-cent fare laws In the different states
where new rate laws have gone into ef
fect. ASKS OFFICER ABOUT PAY
Xew York Police Lieutenant Charged
- With Accepting Money.
NEW TORK, June 4. Deputy Police
Commissioner Hanson today questioned
Lieutenant William F. Peabody concern
ing the latters alleged connection with
the Gould separation case, the question
ing being directed particularly with ref
erence to Peabody's - trip to Baltimore.
Commissioner Hanson sought to draw
t I V'.,
James H. Hawley. Who Made Open
ing Speech In Prosecution of Hay
wood. from the officer an admission that he had
received money for his expenses in that
three days' trip, but Peabody denied this
absolutely, .declaring- that he had paid his
own expenses and said he had taken time
from his vacation. He declared that
neither former Inspector McLaughlin nor
anyone else had given him any money for
the trip.
Commissioner Bingham said today that,
while he had not approved the- charges
against Peabody, such charges were. be
ing drawn up.
BALLOON MAKES FASJ TRIP
Goes From Washington to Harrls
bnrg in Four Hours.
HARRISBURO, Pa., June 4. Captain
C. t). P. Chandler of the United States
signal corps, and J. C. McCoin and Leo
Stevens, of New York, made a balloon
trip -from Washington, . C. to this
city in four hours 37 minutes today. The
distance by rail Is about 200 miles.
The balloon left Washington at 1:08
o'clock, landing at Linglestown, ten miles
north of this city, at 5:45 o'clock. The
trip was without Incident.
; j
- J&t if ' "I i
QUAKE TERRIFIES
F
Most Severe Since Dis
aster of 1 906.
PANIC SEIZES POPULATION
Two Sharp Shocks Felt on All
Sides of the Bayj
WOMEN RUSH TO STREETS
Weak Walls Tumble, Dishes and
Chandeliers Rattle and Break,
but Xo Person Injured Is
Felt Far Down the Coast.
' SAN FRANCISCO. June 5. (Special.)
At 12:26 this morning San Francisco and
the cities about the bay were shaken by
a severe earthquake. The shock was
the severest since the disastrous temblor
of April, 1906. The shock was not violent
enough to sever electrical connections
and, although the entire Fire Department
was placed in readiness to light any
fires that might follow, there was no
blaze of any consequence.
As far as can be learned at this hour
the damage was limited to the breaking
of dishes on the shelves and the destruc
tion of a few tottering walls in the
burned district.
In the residence district a number of
people ran into the streets in their night
clothes. Along Golden Gate avenue a
genuine panic prevailed. Several hun
dred women rushed to the street In their
night clothes. Three women were treated
for nervous shock, but no one suffered in
Jury, as far as reported.
The earthquake was in the form of
two sharp shocks, the second following
while the earth still trembled from the
first. The coming of the shake was
announced by the rattling of window
and the swinging of chandeliers. -Then
came an abrupt jolt and then a lessen
ing tremble, to be followed by another
qut'jk jolt and a gradual lessening of
motion.
Oakland, Berkeley, Alameda and
other bay cities reported a shock ex
actly' like' that felt here.
Reports bo far received Indicate that
the shake was felt at least as far south
as Santa Cruz, 125 miles down the
coast.
MAY SOON DISSOLVE D0UMA
Two More of Stolypin's Proposed
Acts Rejected by Body.
ST. PETERSBURG, June 4. The low
er house of Parliament today rejected
two more of Premier Stolypin's tempor
ary laws, one providing for increased
punishment and trial exclusively be
fore military and naval courts-martial
of persons charged with .conducting a
revolutionary propaganda among the
mm
troops or sailors, and the other author
izing the police to fetter political, pris
oners. In spite of the surface tranquillity
and the devotion of Parliament to
work, rumors of its approaching disso
lution, possibly this week, were dis
cussed in the lobbies today, and they
are considered likely to cause an imme
diate change of policy on the part of
the Constitutional Democrats, a strong
faction of which believes in appealing
to the country on the basis of the
agrarian programme.
The plan is to bring up and reject as
coon as possible the temporary agrari
an laws enacted during the recess, thus
forcing the government's hand and pro
viding the Constitutional Democrats
with a popular issue. Professor Mllu
koff, leader of the Constitutional
Democrats, is fighting the plan hard,
believing that the situation Is not yet
critical enough to Justify the abandon
ment of the present tactics.
TERRORISTS THROW BOMB
Police Officials Suffer Loss and Mil
itia Fire on Mob.
LODZ, June 4. Two detectives were
killed and two officers and three other
persona wounded in a street here today
by a bomb thrown at the police officials'
by Terrorists. A patrol of infantry, at
tracted by the explosion, appeared upon
the scene soon afterward and opened fire
upon the crowd, wounding 13 persons.
Thirty arrests were made in connection
with the affair.
DEMANDS PROMPT ACTION
JAPANESE DELEGATION PRO
TESTS TO GOVERNMENT.
Calls on Foreign Minister for Action
in Regard to Race Conflict in .
San Francisco.
TOKIO. June 4. A deputation from the
Progressive party waited on Foreign Min
ister Hayashi this morning and asked for
an explanation of the government's ap
parent Inaction and want of efticlency in
the presence of grave diplomatic ques
tions, both with China and the United
States. The former Is accused of delib
erately obstructing the advancement of
Japanese Interests in Manchuria, which
have been secured by treaty.
The deputation also called attention to
reported facts strongly indicative of racial
feeling in San Francisco against Japanese.
The deputation dwelt upon the necessity
of perempto-.-ily dealing with the ques
tion now. Otherwise frequent repetitions
of the acts complained of would endanger
the friendly relations of Japan and Amer
ica. Minister Hayashi's reply to the deputa
tion was kept secret and It remains to be
seen whether it was satisfactory or not.
OMAHA WINS WATER SUIT
City Xbt Compelled to Accept Ap
praiser's Figures for Plant.
OMAHA, June 4. Judge W. H. Munger
of the United States Circuit Court today
declded In favor of the City of Omaha
the suit brought by the Omaha Water
Company to compel the city to purchase
Its plant at the price fixed by a majority
of the board of appraisers, $6,263,295.
CONTENTS TODAY'S PAPER
The tVeath-rr.
YESTERDAY'S Maximum temperature, 75
degrees ; minimum, 51).
TODAY'S Showers; westerly winds.
Foreign.
Italy's policy at Hague conference. Page 5.
Russian Douma repeals more repressive laws.
Page 1.
Murderer -of Barillas says cousin forced him
to commit crime. Page 2.
National.
Japanese delegation calls on Japanese gov
ernment to take vigorous action about ban
Francisco outrages. Page 3.
Government decides on suit to compel Har
riman to testify. Page 3.
Tennessee Confederates forced to lay down
flags and arms before entering Capitol.
Page 4.
Balllnger knocks barnacles off Land Office.
Page 11.
Politics.
Eastern politicians try to arouse "West
against Roosevelt's land policy. Page 16.
Bryan opposes third term for Roosevelt.
Page 5.
Domestic.
Three persons killed, much damage done by
gasoline explosion in Indiana. Page 4.
Oregon girls comment on Chicago. Page 4.
Standard Oil Company attacked by Govern
ment and states may dissolve. Page 2.
Pacific Coast.
Hawley opens Haywood trial by promising
to prove inner circle of Miners' Federa
tion Is murder conspiracy. Page 1.
Haywood blanches at Hawley's arraignment.
Page 3.
Schmltz Jury completed and trial opens tr
lay. Page 1.
Severe earthquakes cause panic in San Fran
cisco. Page 1.
Marriage of Portland bello to Fresno million
aire postponed. Page 13.
Defense in Idaho land-fraud cases makes flat
denial of charges. Page 6.
Oregon man xnlsrlng In Los Angeles; foul
ploy suspected. Page 6.
Pendleton people lay complaints before Rail
way Commission. Page 0.
Commercial and Marine.
High price set for Oregon potato crop.
Page 17.
"Wheat breaks at Chicago under heavy sell
ing. Page 17.
Stock prices advance with fall In wheat.
Page 17.
Harry Lane, Democratic and Independent
candidate for Mayor, is re-elected by 041
votes. Page lO.
Portland and Vicinity.
Mayor Lane says he contemplates no sweep
ing reforms. Page 10.
Seals defeat Beavers, 4 to 1. Page 7.
Chief of Police may retain Job and Captain
Bruin may be dismissed. Page 12.
Police prisoner confesses to Minnesota
murder. Page IS.
Excellent card of events provided for Hunt
Club races. Page 7.
Youth mangled to death In streetcar acci
dent. Page 9.
Estacada, Mayor re-elected ln warm political
contest. Paga 13.
Foundrymen of Coast form protective alli
ance. Page 12.
Rival gaa concerns face big legal contest.
Page 18-
Beta In Mayoralty contest to be paid on
Friday. Page 10.
JURY COMPLETE
TO TRY SCH1TZ
Biggy Will Guard It
Against Influence.
LAWYERS WRANGLE ANGRILY
Vigorous but Vain Objections
to Chosen Elisor.
TALK ABOUT DIRTY MONEY
Hency and Barrett Exchange Com
pliments and Barrett Scores Once.
Relative of Tirey Ford Is Re
moved From the Jury.
JURY TO TRY MAYOR BCHMITZ.
L. Wall, department store buyer.
Paul Bancroft, real estate bioker.
Charles H. Qlh, contractor.
James Feltelberg. furniture dealer.
George de Urloste, commission mer
chant. John O'Mara, blacksmith.
Theo. Dellirtg, retired baker.
Charles S. Capo, real estate broker.
James B. P. Benson, pressman.
Thomas Ellorlck. haberdasher.
Hugh Burn., retired coal merchant.
Royal W. Cudworth, coal dealer.
SAX FRANCISCO, June 4. The jury
was completed this afternoon for the
trial of Mayor Eugene E. Schmltz on the
first of the five indictments returned
against him by the Oliver grand Jury by
which he is accused Jointly with Abraham
Ruef of having extorted from Joseph
Malfanti $1175 as the first Installment of
a JSOOO annual bribe to secure the French
restaurant keepers of San Francisco their
license to sell liquor.
Judge Dunne, upon motion of the prose
cution and over the determined and
spirited objections of tho defense, form
ally disqualified Sheriff Thomas O'Nell
and Coroner William Walsh as unfitted
by' personal bias to perform any func
tions In connection with the trial, and
appointed William J. Biggy an elisor to
have charge of the jury until a verdict
has been rendered or a disagreement
reached. Shortly after adjournment Mr.
Biggy, who for some months past has
been Abe Ruef'a jailer, marched the Jury
to the St, Francis hotel where the "13
tried men and true" will be kept under
lock and key during all the time that
they are not sitting in the trial.
Jurors Shut From World.
Judge Dunne has decided that the
Jurors shall have no newspapers to read
until all articles relating to the case have
been censored; they may receive no gen
eral mail nor may they be communicated
with by their families except under the
scrutiny of the elisor.
The state hopes to put in all of Its evi
dence this week. Ex-Police Commis
sioners Hutton, Reagan, Drinkhouse,
Howell and Poheim will likely be the first
witnesses called.
This, the last of the long days of Jury
getting, was a stormy one full of bicker
ings between opposing counsel. More
than once the He was couched and passed
and several times came the order from
the bench fpr one attorney or another to
take his seat. Two Jurors, one of whom
had been sworn the previous day, were
challenged for cause by the state and set
aside by the court over the vehement
objection of the defense. Five other
veniremen were disqualified by one cause
or another and were dismissed without
serious opposition. The eleventh and
twelfth Jurors were chosen and sworn,
Hugh Burns and Royal W. Cudworth, the
former a retired coal merchant and the
latter, oddly enough, a dealer in coal.
Bitter Fight on Biggy.
The disqualification of the Sheriff and
the Coroner and the appointment of ex
State Senator Biggy as an elisor to keep
the custody of the Jury pending the trial
were not accomplished without bitter op
position by the Mayor's counsel. The de
fense objected in the first place to having
the jury locked up at all and In the sec
ond place to Mr. Biggy as custodian. Ad
dressing the court upon this point, ex
Judge Campbell, senior counsel for Mr.
Schmltz. said:
"We object to Mr. Biggy because he is
a part and parcel of the prosecution and
has expressed himself so to be. We ob
ject to him again because, in the guard
ing of Mr. Ruef, the defendant with our
client, he has taken Into his employment
persors employed by the prosecution, not
ably Detective W. J. Burns, than whom
no man Is more zealous for the convic
tion of this defendant. We ask that the
defendant Schmitz be not put Into the
hands of a man who is avowedly his ene
my. Against the action your honor pro
poses wo protest In the name of Justice.''
Xo Confidence in Sheriff.
Judge Dunne replied to this appeal by
saying that, as upon other occasions an
nounced, he had no confidence in the
Sheriffs office.
"But I have confidence In Mr. Biggy,"
he said, "and that Is the reason I am
going to appoint him. I know that, if
Mr. Biggy has charge of this Jury, it will
not be subjected to any outside Influ
ence. And that is the one th)ng that
concerns the court.'
"That is Just what we want to be sura
of," retorted Mr. Campbell.
'That," sneered Mr. Johnson of the
(Concluded on Face Four.).
Ik