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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 12, 1907)
VOL. XXVI. XO 14,511. PORTLAND, OREGON, WEDNESDAY, JUNE 12, 1907. PRICE FIVE CENTS. SGHM TZ JUMPS INTO BEADY TRAP Lays Foundation for Ruef's Evidence. PLAYS INTO HENEY'S HANDS Denies Receiving Bribe From Restaurants. RUEF WILL TELL TRUTH Mayor Ignores Warnings of Counsel and Only Gains Time by Their Expedients Heney Is Con fident of Conviction. SAN FRANCISCO, June 11. (Spe cial.) What looked like a Held day for Mayor Schmitz today in his trial for extortion, u transformed by a sud den coup of Francis J. Heney into a distinct victory for the prosecution. With both Schmitz and Ruef on the stand, the day was replete with sensa tions, but capping all was the neatly laid trap into which the defense made a precipitous fall. The trap was care fully laid, even to the point where the Mayor himself unknowingly sprung it. Schmitz Jumps Into Trap. When Mr. Heney announced last night that the prosecution had completed its case, the defense, thinking that the danger from Ruef had passed, decid ed to put Schmitz on the stand. The Mayor, accordingly, appeared in his own behalf today and, regarding Ruef as, no longer a menace, rushed ahead with his denials. He reached the point on cross-examination where Mr. Heney asked him If he had received any of the money paid to Ruef by the French restaurants, and, despite the warnings from his own attorney, Schmltx answered In the negative. In so doing he played completely into the hands of the prosecution, not only by laying a basis for the Intro duction of the testimony of Ruef in rebuttal, but by passing the entire ex tortion up to Ruef In such a manner that the captive boss will eargerly refute the testimony by declaring that he paid half the money, or 42500, to Schmitz. Both Mr. Heney and Mr. Burns were confident tonight, and well satisfied with the turn of events today. "We look for conviction," said' Mr. Heney tonight. "We believe we have proved our case." Bnef Will Tell Story Today. Today Abe Ruef will tell how he acted In the extortion case with the knowledge and consent of the Mayor, and later made an equal division of the proceeds with Schmitz. M. P. Scott of the Walters' Union will also be called again. It nothing unfor seen Intervenes, Hiram Johnson will at once make the opening argument for the prosecution, Mr. Campbell will follow for the defense, Mr. Heney will close for the prosecution, the judge will instruct the jury, and before to morrow night the fate of Mayor Bchmltz will have passed Into the hands of the 12 men in the box. SCHMITZ LAWYERS FIGHT HARD Risk Contempt Charge to Shut Oat Ruef's Evidence. SAN FRANCISCO. June 11. At the closing of the Mayor Schmitz extor tion trial for the day, Abe Ruef was on the stand in rebuttal. Before he had opened his lips to answer the Question: "Did you pay half of thla extortion money to Schmlts?" the de fense launched an objection whose de termination was still In doubt when overnight adjournment was taken three-quarters of an hour later. Ex-Judge Campbell, senior counsel for the defense, called Schmltx to tes tify In his own behaf. as the second witness of the day. The Mayor oc cupied the wltness-stand for more than an hour, during a considerable portion of which time opposing counsel were wrangling over the right of the prose cution to ask the Mayor whether Ruef had divided with him any of the fees alleged to have been paid him for pro tection by the French restaurant keepers. The Mayor himself exhibited an eagerness to waive technicalities of law and answer squarely the issue. Kvidence for Defense. The defense, whose day this was for the Introduction of evidence, called in All only four witnesses, and the direct examination of each of them went to the establishment of two points only: First, to overthrow the testimony of x-Pollce Commissioner Reagan that the Mayor attempted to use him as a hold-up tool to. force the French res taurant men to "come through" with protection money to Ruef; second, to prove that the holding up of the French restaurant licenses was the result of a labor union plot to ruin their business because they, or' some of them, had refused to yield complete obedience to the mandates of unionism. A few minutes before 3 o'clock the defense announced that it rested. The prosecution thereupon put on the stand VIce-Proldent Timothy R. Sullivan, of the National Electrical Workers' Union. By him It was sought to overthrow the testimony of one of the witnesses that Mr. Reagan had suggested the union plot referred to. Mr. Reagan was re called to supplement Mr. Sullivan's testimony. Ruef's Evidence Blocked. At 3:40 o'clock Assistant District At torney Heney said: ' "Call Abraham Ruef." Ruef, pale and composed, wearing his overcoat and carrying his hat. entered at. the back of the room and made his way around the crowded counsel table to the clerk's desk, where he took the oath. ."Don't answer any questions, please, until the defense has had an oppor tunity to object," cautioned Mr. Camp bell. Ruef nodded acquiescence. "Mr. Ruef," asked Mr. Heney with out hesitation, "in July of 1905, in the house No. 2849 Fillmore street, the home at that time of Mayor Schmitz, did you give Mayor Schmitz $2500?" The prosecution alleges that Ruef dl- Its Ezra Meeker. Oreron Pioneer, who Will Drive Oxteam Up Broadway, New "York. vlded evenly with the Mayor the money paid him by the restaurateurs and that the first Installment paid by them was $5000. To this queslton . Mr. Campbell in terposed an objection, on which argu ment was still in pragress when ad journment was taken at 4:40. He fought hard for that adjournment, pleading that he wished to submit further authorities to the court.. Mr. Heney wanted an immediate decision overruling the objection, and proposed to finish his examination of Ruef in side of 10 minutes if allowed to pro ceed. The defense finally won its plea for adjournment until morning, when the court will rule. Job Put Vp by Unions. The attorneys for Schmitz opened the defense by calling to the stand M. P. Scott, who- was business agent of the local Clerks' and Walters Union, at the time the French restaurants were having their license troubles. The entire examination of Scott was for the purpose of showing that Mr. Scott and Reagan put up a Job to have the license of Tortonl revoked, be cause that restaurant had refused to unionize. To this Mr. Scott testified directly and emphatically. Under cross-examination by Mr. Heney, he denied that he had told Mr. Reagan (as Reagan him self testified) that the French restaurant-keepers had raised a "sack" of $28,000 to buy protection of their li censes. "Where are you employed?" demand ed Mr. Heney. "I am employed by the Board of Public Works." "Oh, I thought you said you were a water." "That is my regular occupation." Mr. Scott said he secured his job with the Board of public Works last August through the Influence of the former president of that body, Frank MaestrettL He said that when he told Schmitz about Tortonl's place and the plan to get evidence by having two disguised waiters persuade the proprietor to send out for immoral women, the Mayor told him to be very careful as to what he did. "Tou never would have dreamed of getting this spy evidence against Tortonl If Reagan had not suggested it to you, would your' asked Mr. Heney, sarcastically. Schmitz Tells His Story. "No." replied Mr. Scott. "I am not as bright as you are." Mr. Scott stepped down and Schmitz was called. His testimony, in brief, was as follows: "Commissioner Reagan came to me and said that Commissioner Hutton was very much opposed to the French restaurants and wanted him (Reagan) to stand with him against them. I told Reagan that the French restaurants had been allowed to run for years be fore my administration, and I saw nothing wrong with them. I told him, however, to investigate and find out about them before faking any action by the Police Commission. 1 never told him that they were all bad places or that I wanted htm to close them up. "He did make an Investigation and reported back to me. He said he in vestigated the new Poodle Dog at 8 o'clock in the evening and found noth ing wrong there; that therefore he was not going to stand with Commissioner Hutton against it. "It is not true that I told Mr. Rea gan that he had called there at the wrong time. "In November of 1904, I had a conver sation with Reagan about Tortonl's. Reagan came to see me at my home and said that he and the other commission ers had voted to revoke the Tortonl llcenso because its pnsinrietor had sent out for immoral womln at the request of patrons. I told Reagan that, if any of the Frenoh restaurants were im moral places, they should be closed up. He never, upon any occasion, told me 'Concluded on Pas L fp- ; rt,-r '';"V"-.Tfr1itftefir-'-Mi--'y-arJ t DEFENSE FIRES RANDOM SHOTS Little Impression on Orchard's Story. ONLY HELPING STATE'S CASE Murderer Shows Emotion at Allusion to Wife. ADAMS IN TIGHT PLACE If He Refuses to Testify for State, He Will Be Tried for Killing Collins In Colorado Pre paring for Extradition. GUNS TRACED TO PETTIBONE. DBNVER. June 11. It wm an nounced here today that - two six shooters found on Harry Orchard when arrested for the assassination of Frank Steunenbergr have been traced to the George Trltch Hardware Com pany, of Ienver, where they -were purchased y George A. Pettibone. This Information, it is said, was given to a detective who asked an of ficer of the Trltch Company to trace the weapons In question on its record of sales. BOISE, Idaho. June 11. (Special.) One thing was very noticeable In the proceedings in the Haywood case today that the defense was driving without a compass. Very little was accom plished beyond proving that Orchard 'stole a sheep a circumstance which might make him appear in a more favorable light before a Jury of Idaho farmers. Mr. Richardson brought out a good many things which the state was expecting to get before the jury on redirect examination of Orchard, and some of these ,were of much Im portance, as," tor Instance, his forget ting his bomb paraphernalia at his room in San Francisco and leaving his experimental arrangement exposed while he went off downtown. Richardson Changes Base. Tho thing that most Impressed the audi tors, however, waa tb fact that Mr. Richardson at one time was examining Orchard with a view to proving that he was a card sharp for the evident purpose of showing that 'he was able to keep him self supplied with money; at another time he was endeavoring to prove that he was so poor during the Winter of 1904-05 that he could not pay board. Mr. Richardson made a great point of the time during which Orchard lived with the Adams fam ily, and asked a great many questions about the alleged 4overty of the crowd at that time. Orchard admitted he had stolen a sheep, but Insisted that he had all the money he needed. The manifest contradiction of the the ory of his being able to keep himself In funds at the card table was very plain to everybody. It" is felt that a man who could make enough at cards to keep mov ing about the country, well dressed and well fed, would not get into such dire trouble with penury as Mr. Richardson sought to show. Orchard was again very clear In his answers today, and the defense came no nearer shaking him than on any other day of the cross-examination. 'i C There was one minor contradiction of his evidence in chief, " however, whicfi went by unnoticed. When on. a few occasions he has thus contradicted himself he has corrected, but this mat ter today was not again called up. It was in reference to the time when he determined to use a bomb on F. W. Bradley. In his evidence in -chief he said he did not plan the bomb attack until after he had tried poison, but today be said he bought the powder before. For the first time the witness showed emotion, when Mr. Richardson went at him about leaving his wife in Ontario to care for herself and daughter. Orchard hung his head when Mr. Richardson dwelt on that matter, and when he looked up again his eyes showed moistness. While his gaze was averted he answered a num ber of questions and "his voice was husky. When the , attorney changed to the second wife. Orchard recovered himself at once and, looking his ques tioner once more In the eye, 'stated ho N. f 4 ,t" "Cs Senator John T. Morgan, of Alabama, Who Died Last Nleht. had arranged with Pettibone to keep her supplied with money, and didn't know the promise was not kept until long afterward. This was the first time Orchard has not met the cross questioner with perfect firmness. Perjury Charges Await. St seems probable the cross-examination will consume at least two more days and perhaps three. The progress today was slower than on any previous day and the witness was left still in Colorado, with more or less of a wide field there to cover. The state will examine him on redirect, and it is quite probable he will not leave the stand until the close of the week. The state is preparing to pick up some of the witnesses for the defense on per jury charges. The general character of the testimony which some of them will give has been learned and it is known they contemplate" making some state ments which can be disproved -conclusively. Adams Between Millstones. Today Steve Adams spent some time in the courthouse grounds exercising. His wife visited him and had a 'long Inter view. His cell In the jail is the one used for insane persons, opening off the main room of the jail office. A screen has been set in front, so that persons passing through will not see the prisoner. It Is known that it is the Intention of the Colorado authorities to ask for Adams' extradition as soon as the State is through with him here. They want to put him on trial for the murder of Arthur Collins at Telluride and are certain they can convict him In short order. Adams, during his visit to that place last year with Bulkley Wells, put the officials in possession of a mass of information that has enabled them to clinch the case against him beyond all possible doubt. It was thought up to within a short time that Colorado would be willing to let him alone if he would tell all he knew m this case, though It has always been under- (Concluded on Page 8.) v 1 1. j yd w. ' ' ':'', ny .ft-' 'UNPRECEDENTED" WEATHER THOUGHTS WANT TO EXTEND THEIR MONOPLY Washington Lumber men's Modest Plea. THROUGH ROUTE VIA PORTLAND Would Use Oregon Road to Haul Their Dumpings. BECKMAN PUT ON THE RACK Cotton Extorts ' Serious Admissions Regarding; Growth of Business, Despite Car Shortage Prouty Indicates Adverse Decision. OREGONIAN NEWS BUREAU, Wash ington, June 11. Not content with a monopoly of the lumber business in a large, portion of the Northwest, it de veloped at a hearing before the Inter state Commerce Commission today that Puget Sound lumber manufacturers are endeavoring to invade Portland terri tory and by means of a joint rate via Portland to literally cripple the lum ber Industry of Oregon. The Pacific Coast Lumber Manufacturers' Associa tion, representing Puget Sound mills, petitioned for a Joint rate to Eastern points via Portland equal to the rate now charged by the Northern Pacific and Great Northern or direct ship ments over their lines. It being con tended that such a rate would furnish Puget Sound a third outlet to identical ly the same markets they now supply. On cross-examination of their own witnesses, it was demonstrated that the Sound shippers desire not so much to have a third route to existing markets as to Invade intermediate markets now supplied exclusively 'by Portland and. what i more Important, to compel the O. R. N. to divert such of Its cars to Puget Sound as may be required to handle the surplus lumber product that cannot be carried by the two Northern roads. In other words, Puget Sound asks this joint rate so that it may ship its entire output, leaving Portland to ship only such of Its lumber aa can be carried by cars not required In Puget Sound trade. Not Likely to Grant Petition. Victor H. Beckman, representing the lumber manufacturers of Western Washington, was 'the prinoipal witness today, and his cross-examination had not been concluded when the commis sion adjourned. It is intended to close testimony in this case tomorrow if possible, though Portland lumber manufacturers and Harriman repre sentatives who have Intervened against the petition, are yet to be heard. It had originally been intended to close the hearing In one day. While the Commission will go care fully into the evidence before passing on the petition for a joint rate, it is to be Inferred from the comments and questions of Commissioners today that the petition will be denied. The most significant remarks of all were made by Commissioner Prouty during Mr. Beckman's testimony. Mr. Beckman had insisted that Puget Sound should have the same rate via Portland that it now pays over the Northern roads, notwithstanding the additional haul of 180 miles. "How much less would you expect the Harriman lines to take on ship ments from Puget Sound than on busi ness originating In Portland?" he asked, "and why compel the Harriman lines to make any reduction? The Union Pacific and connecting lines have all the business they want right there in Portland; why compel them to take business they do not want and say they cannot handle?""' Mr. Beckman's only answer was that Sound shippers wanted to avoid the charge of $30 to $40 tor reloading at Portland from cars of the Northern Pacific to those of the O. R. & N., be cause the latter line refused to haul cars of. the former and vice versa. "And," he added, "Portland gets a through rate via Seattle." Mr. Prouty reminded hira that the Northern Pacific 'has a terminus in Portland. He explained that the O. R. & N., like the two northern roads, did James M. Asbton, Attorney for Paget Sound Lnmbrraen, Who Want Portland Gateway Opened. not deny the existence of a car short ago and emphasized the fact that Port land shippers were as badly handi capped on that account as were the shippers of Puget Sound. Cotton Extorts Admissions. Late this afternnrtn TXT. TKT fntnn took Mr. Beckman In hand and secured many damaging admissions that will later be turned to Portland's advan tage. He VirtuallV fnrcnri TVT t- Tlnf-lrmnn to admit existence of a lumber trust comprising the manufacturers of Puget Douna, wnicn was successfully manipu lating prices to its own advantage. Mr. Beckman had pathetically de scribed the stagnation In lumber cir cles . in Western Washington. Under Mr. Cotton's cross-examination he ad mitted that lumber shipments by rail from Washington have steadily grown from 101,000,000 feet in 1892 to 1.095, 575,000 feet in 1905, and in 1906, the year when Mr. Beckman had declared the lumber business of WsjthlnrMn ha been crippled because of car shortage, ne showed that total rail shipments Increased nearly 60 per cent, totalling 1.535.180.000 feet- This ereat Inr-raoH output, Mr. Beckman admitted, was carried Dy the same two roads that have been handling Puget Sound lum ber for years. Mr. Beckman had declared that Puget Sound asked a through rate In order to reach the markets of Montana. Dakota. Kansas and other Middle West Points. Under cross-examination hv Mr. Ontton. he admitted that Washington had aban doned the markets of the Middle West when the price of Southern pine, their principal competitor, took a heavy drop, and that the Puget Sound mills, which have a monopoly in Eastern Washington, except wnere they compete with Port land lumber shipped by the O. R. & N. now sell 75 per cent of their rail ship (Concluded on Page 2.) CONTENTS TODAY'S PAPER The Weather. TBSTBRtATS Maximum temperature, 60 decrees; minimum, 02 degrcom. TOD AT S Showers; south-westerly wind. Miners' Federation Trials. Richardson continues assault on Orchard, jut. uiaKBB nine impression, faga 1. Adams may refuse to testify, but then will uv uiea ior uoiiinsr murder. Page 1. Haywood say. he will testify, and expecta tftciiuiitaj. jrag;e n. National. Biz midshipmen and five seamen drowned In collision. Fage 2. Harriman roads to be prosecuted under Sherman law. Pagre 5. Suit against anthracite coal roads to begin today. Pace 6. Interstate Commission hears evidence of lumbermen on opening Portland gateway. Pace X. Foretrn. French rovernment offers concessions to winegrowers. Pagre 8. Salvador and Nicaragua at war. Pag- 2. Spanish and Japanese policy at The Hague. Page s. Domestic. Senator Morgan, of Alabama,, dead. Page 1. J. J. Hill restive under newspaper criticism of railroads. Page 4. RallroadB combine to fight two-cent rate laws. Page 4. 2Qcra Meeker to drive ox-team through Broad- way. New York. Page 8. Last of Pulajane leaders beaten In Leyte, Philippine Islands. Page 5. Thompson, Portland bartender, extradited from London. Page 7. Commercial and Marine. Wheat buyers and sellers apart. Page 15. Sharp trade in East em w heat marke ts. Page 15. Wall street affected by rumors of trouble with Japan. Page 15. French ship Crillon taken to brine coal from Newcastle. Page 14. Portland and Vicinity. Harriman to take over Corvallis A Eastern Railroad. Page 7. Judge Stephen A. Lowell orator at Port land the Fourth. Page 10. Indicted furniture dealers plead guilty and dissolve exchange. Page 10. Masons of. state convene grand lodge here today. Page 10. SENATOR MORGAN CALLED BY DEATH Noted Southerner Ends Life's Work. OVER THREE SCORE AND TEN For Years Leader of Party in United States Senate. GAINED ARMY PROMOTION Was Persistent Advocate of Nica ragua Route for Interoceanio Ca nal, bnt Was Always Regarded, as Conscientious Opponent, . WASHINGTON. June TL United States Senator John Tyler Morgan, of Alabama, died here at 11:15 tonight. .Senator Morgan had been in bad health for a number of years, but had more or less regularly attended the sessions of Congress. He suffered from angina pec toris, -which was the cause of his death. At the deathbed were his daughters. Miss Mary Morgan and Miss Cornelia Morgan, both of this city, and his secre tary. J. O. Jones. Mr. Morgan's home in Alabama was at Selma, where the funeral will take place, the body probably being taken there Thursday. John Tyler Morgan was born In Ten nessee June 20, 1S34, and was, therefore, at the time of his death In his 84th year. Hij family removed to Alabama In 1533. His father, George Morgan, who died at the age of 94, was of Welsh descent. John T. Morgan received an academlo education and became a good Latin scholar before he was 9 years old. In 1845 he was admitted to the bar and prac ticed his profession until he became United States Senator. He was a presi dential elector-at-Iarge In 1860 and a member of tho Alabama secession con vention in 1S61. In the War of the Rebellion he served successively as private, major, lieutenant colonel, colonel and brigadier-general of Infantry. . r. , . He was a Tllden elector in 1876 and was elected United States Senator in 1876, 1882 1888, 1894, 1S00 and 1S04, in the last two elections there being no opposition to his return. Ho had long been regarded as the leader of the Democrats of tho Senate, and was a member of the com mittee on foreign relations," and for someyears its chairman. He waa. an earnest advocate of the Nicaragua route for the lnter-oceanlo canal and fought the Panama route to the last. He was an able advocate of recogni tion of Cuban independence and won popularity In all parts of the country by his eloquent speeches In behalf of Cuba. He was appointed by President Har rison on the board of arbitration on the Bering Sea fisheries and by President McKinley on laws to organize the gov ernment of the Hawaiian Islands. Senator Morgan by reason of his absolute honesty of purpose was re garded by all parties as a leader In the affairs of the country. BLAKE AT POINT OF DEATH Tlctlm of Auto Accident Cannot Re cover Johnson to Be Cremated. , BANBURY, England, June 11. James Blake, of Philadelphia, who was Injured in an automobile accident at Edge Hill, near here, yesterday, at the time H. C. Johnson, of California, was killed, is about 40 years old. He lies In the infirmary m a critical state from a fractured skull. Mr. Blake re covered consciousness today, but Is hardly expected to recover. His skull is fractured at the base, and he has two or three broken ribs. Mrs. Blake, who was slightly, in jured,, is making satisfactory progress. Mrs. Johnson is stopping at a pri vate house at Edge Hill, and has a room adjoining the one containing hsr husband's body. Her injuries are slight. The sympathetic residents are doing everything possible for the sufferers. Several doctors are In attendance on Mr. Blake. The Inquest on the body of Mr. Johnson win take place tomor row afternoon. Besides sustaining a fractured skull, he was severely in jured in the chest, being pinned under the car. He never regained conscious- body will be taken to London and cre- . , ji . i i . . . i... ri-1 .. n , . . . , i The chauffeur was not acquainted with mo uiii ana lost control ox ine car. LONDON, June 11. The victim of the automobile accident at Banbury, it was learned today, is H. C. Johnson, an attorney of Berkeley, Cal. John son's companion, Mr. Blake, of Phila delphia, who with his wife was serious ly injured In the accident. Is still alive today, but he passed a bad night. Mrs. Blake's condition is reported as comfortable today. BERKELEY, Cal., June 11. The re port of the death of City Attorney Harry H. Johnson, of Berkeley, in an automobile accident yesterday near Banbury, England, was confirmed to day in a cablegram received today by Johnson's father from Harry Johnson's widow, who was with him at the time of the accident.