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.