VOL. XLVI.-NO 14,513.
PORTLAND, OREGON, FRIDAY, JUNE 14, 1907.
PRICE FIVE CENTS.
JURY FINDS
SC11IIZ
IS GUILTY
Second Ballot Declares
Mayor Extorted
Money..
REJOICING IN AUDIENCE
Agreement Reached So Quick
ly Heney Misses His
Triumph.
SCHMITZ KEEPS HIS NERVE
Still Protests Innocence, Says
Judge Was Prejudiced.
SPENDS NIGHT IN PRISON
K Hesitation When One Opposing
Juror Has Heard Argument of
Kleven Judge's Charge Com
mended for1 Fairness.
HOME IV SHERIFF'S CARE..
SAM FRANCISCO. June IS At a
late hour tonight Mayor Srhmltx was
taken To IMS home In custody of the
Sheriff.
4
SAN FRANCISCO, June 13. A jury
of 12 of his peers has declared Mayor
Eugene E. Schmltz guilty of the crime
of extortion as charged against him by
the Oliver errand Jury.
The Jury was out just one hour and
thirty-flve minutes. It elected Charles
E. Capp foreman and at once proceeded
to an Informal ballot. - This was cast
verbally and stood 11 . for , conviction,
one for acquittal. Mr. Burns, a shoe
maker cast the dissenting vote. Then
the 12 men began a discussion of the
evidence, which lasted for nearly an
hour. At the end of that time the first
formal ballot was cast. 'It was a writ
ten ballot and was unanimous for con
viction. The Jurymen issued this state
ment to the Associated. .Press, tim
mediately after their dismissal by the
court.
In justice to Mr. Burns it should be
explained that he did not vote for ac
quittal because he was dissatisfied with
the evidence or believed there was any
doubt of the defendant's guilt. Two
forms of verdict were given to the Jury
and the consecutive reading of these
momentarily confused Mr. Burns. As
soon as he understood the matter, he
cast his vote with the other 11 and
conviction was accomplished. Mr. Burns
approved this statement as correct.
Rush to Hear Verdict.
On the wings of rumor spread the re
port, "The Jury has reached a verdict,"
and even before Judge Dunne reached
the synagogue, hurried thither by an
automobile, nearly 1000 men had
gathered In Bush street and were
clamoring at the doors to be let In. They
were kept out until the 13 men had
ben brought In and seated. As Judge
Dunne entered his chambers by a rear
way, the crowd surged into the build
ing from the front.
Then there was another wait of five
minutes. The Mayor had not arrived.
He came puffing up presently In his
red touring car, Messrs Metson, Fairall,
Barrett and Drew accompanying him.
They pressed down the aisle and
quietly took their accustomed seats at
that end of the counsel' table farthest
from the Jury. Mr. McManus, the clerk,
stepped to the door of the chambers
and announced:
Jury Announces Verdict.
"All ready for you. Judge. They're
here." Judge Dunne took the bench at
om-t'.
"Let the Jury be polled," he said,
i uietly.
"Poll the Jury," repeated Mr. Moore,
the bailiff, to the clerk. That official
told off the names of the twelve,
"All present, your Honor." he re
ported. Then turning and addressing them:
"Gentlemen of the Jury. have you
agreed on a verdict?" he said.
Mr. Capp, the foreman, rose very
elowly in his scat at the far end of the
lower tier.
"We have," he said, solemnly.
"What Is your verdict? Is the de
fendant guilty or not guilty?"
Mr. Clapp said very slowly and very
low: "Guilty."
Rejoicing Among Audience.
The silence was broken In a hun
dred places at once like a ware drain-
Ins from the rocks. A long-drawn
"Ah!" ran through the crowd. -Then
"Good!" cried a voice in a far corner,
and "Good, good!" echoed another
farther front. 1
Hudolph Spreckels, whose wealth made
possible the whole bribe graft prosecu
tion, was walking swiftly down the right
aisle as the sentence fell from the fore
man's lips. He sank Into a near seat as
though arrested by some sharp command.
All over the house people were Jump
ing up now, and some of them turned to
the strangers at their elbows and thrust
out their hands In the enthusiasm of a
long-looked-for moment and said:
"Shake."
"Gentlemen of the jury," said the clerk,
"listen to the verdict as recorded:
" 'We, the- jury In the above entitled
case, find the defendant, Eugene E.
Schmltz. guilty as charged in the Indict
ment.' Is that your verdict, so say you
one, so say you all?"
"So say we all," answered back the 12.
their voices jumbling and jarring on the
silence.
Schmltz Taken Into Custody.
Mr. Metson, of counsel for the defense,
spoke: "We ask that the jury be polled,"
he said, and so one by one the names of
the 12 were called, and each was asked:
"Is that your verdict?". Bach, replied: "It
is."
"The judgment of the court will be pro-
; LV." : f'
William 3. Burns, Who Collected
Evidence Which Convicted Mayor
Schmltz.
nounced on Wednesday, June 27," said
Judge Dunne. "The court will at this
time listen, to any motion that may sug
gest Itself to the prosecution."
District Attorney Langdon arose.
"We will ask that the usual course be
pursued," he said. . ...
"1'ou mean," questioned Judge Dunne,
"that you desire that the defendant be
taken into custody pending the pro
nouncement of sentence?"
"Yes, your honor, we think that should
be done," responded the state.
"The Sheriff will take the defendant
Into custody pending the further order of
the court." Saying this. Judge Dunne
arose abruptly and quit the bench. In
his chambers a moment later he was
asked whether he desired to make any
statement of the case. This was his-reply:
'
"Please say. for me that the law has
taken its course."
It took the bailiff and Elisor Biggy's
deputies all of a half hour to drive the
crowd out of the synagogue. It wanted to
(Concluded dn Page 4.)
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 68
degrees; minimum, 46 degrees. ...
TODAY'S Occasional showers; warmer.
Pacific Coaec.
Mayor Schmltz convicted of extortion and
audience rejoices. Fags 1.
Orchard closes evidence with dramatic dec
laration. Page 1.
Meeting between Orchard and Peabody.
Page 5
Seattle Endeavorers refuse proposal made by
agents' of Vice-President Fairbanks.
Page S.
Idaho land-frauds case delayed by Juror's
illness. Page 9.
Willamette University graduates, class of
nine. Page 8.
Steamer Ohio sinking near Nome. Page .
Foreign.
Promise of warm sessions of Hague con
ference. Page 9.
China establishes model government In Man
churl a. Page 4.
French Parliament moves to pacify wfns
growers. Page 4,
National.
Aokt told Japan makes too much fuss
about trifles. Page 1.
Domestle.
Movement among Union Pacific stockholders
to enforce sale of stock of other roads.
Page 4.
Northern Pacific may sell Burlington to
Great Northern, fearing Government In
quiry. Pago 6.
Appleyard plunges on T.awson's system and
goes bankrupt. Page 4.
Hot debate In Miners' Federation conven
tion about Industrial Workers. Page 6.
Portland gateway not to be opened for
Washington lumbermen until next year.
Page J.
Portland and Ylotactty.
Union Pacific trying to open passenger gate.
way to Washington points. Page IB.
Authorities at Vancouver Barracks stopping
traffic in stolen Army goods. Page 7.
General manager of car company says it Is
impossible to provide fenders in 30 days.
Page 10.
State convention of bankers opens here to
day. Page 13.
Christine En gar's suit against State of Ore
gon on trial. Page 14.
Bishop Scad ding; In Episcopal convention
recommend j division of Oregon diocese.
Page 14.
Masonic Grand Lodge devotes day to routine.
Page 9.
F. W. Mulkey's Senatorial boom Is launched.
Page lO.
Commercial and Marine.
Half of Valley wool clip sold. Page 19.
Chicago wheat market closes with gain.
Page It.
Stock market dull and heavy. Page 19,
Seld Gain resigns position as Chinese inter
preter t Portland, Page 18.
GRANT NO JOINT
RATE THIS YEAR
Prouty Forecasts De
cision of Board.
SOUND LUMBERMEN TO WAIT
Not Allowed to Crowd Out Ore
gon Shippers,
Q.R.&N. CARRIES CAPACITY
Interstate Commission May Grant a
Joint Rate When Jibrth Bank
Road Is Completed Looks
to the Future Needs.
OREGONIAN NEWS BUREAU, Wash
ington, June 13. While It is impossible
to forecast decisions of the Interstate
Commerce Commission, the Portland
contingent now here to oppose the
granting of a joint rate on Puget Sound
lumber via Portland and the O. R. & N.,
feels quite confident that It has won Its
battle. Its victory may not be perma
nent, but it feels that as long as Port
land's eastern railroad connections are
inadequate', as at present, it will not
be handicapped by being forced to give
way to Puget Sound traffic. ' '
True, the remarks made today by
Commissioner Prouty may not reflect
the views of the entire Commission,
and, as Mr. Prouty himself said, he may
not ultimately think as he dons today,
yet the fact remains that Mr. Prouty
shows more Interest In this case than
any other member of the Commission
and is tho only Commissioner who heard
every word of testimony. Likewise, he
asked more questions and showed
deeper interest than any of his col
leagues, and these facts tend to make
his personal views the more signifi
cant. Oregon lias First Claim..'
It Is apparent that Mr. Prouty him
self Is not averse to permitting ship
ment of Puget Sound lumber through
Portland and over the O. R. & N., ex
cept for the fact that the O..R, & N.. Is
now unable to handle anything like the
business that Is offered along its own
lines. Me takes the very reasonable
view that, If this road cannot .handle
its own business, It Is certainly not able
under existing conditions to undertake
'the transportation of lumber from a for
eign territory. But when Portland has
another outlet to the East, as, for in
stance, upon the completion of the
North Bank Road, and when part of the
business now handled by the O. R. & N.
goes by that line, Mr. Prouty and the
other Commissioners may .then be will
ing to give Puget Sound an outlet for
its lumber over the O. R. & N., but not
until then.
. No Discrimination to Be Made.
The Commissioners' decision will
probably not be handed down before
late next Fall or possibly Winter; . It
Is promised that the North Bank Road
will be open as far as Pasco by Jan
uary 1 next. Puget Sound interests
hope to secure a joint rate via Portland
to become operative when the North
Bank Road begins business, If not
sooner, and It' may be that their sizing
up "of the situation Is correct.
But those -who followed the testimony
are very well satisfied that there will be
no Joint rate.vla Portland on Puget Sound
lumber until Portland has ample means
of getting Its own products to Eastern
markets.' In other words, the Interstate
Commerce Commission appears to be un
willing to discriminate In favor of Puget
Sound when such discrimination would
work injustice to Portland.
This attitude. of the Commission is part
ly attributable to the fact that Messrs.
Prouty and Lane are both personally fa
miliar with the serfous condition that pre
vails throughout Oregon and Washington
at the present time on account of car
shortage. - - - -
O. R. & H. Already Crowded.
Assistant General. Freight Agent
Skinner, of the O. R. & N.; this morning
testified that his road Is now handling all
freight, including lumber, that it can
take care of with its present equip
ment. It is running, he said,-' at full
capacity. If compelled to take addi-
i
!
Mayor Eugene E. Schmltz, of San
Francisco, Convicted of Extortion.
tional lumber from Puget Sound, it
could not handle it with satisfaction to
Itself or Its patrons. He said there is
no amount of merchandise from the
East to Puget Sound now passing over
its road, but admitted there would be
some when the new line from Portland
to the Sound Is completed.
Mr. Prouty asked how his road
expected to handle business that
would originate tributary., to its line,
say five years hence, if it is now run
ning at its full capacity.
Mr. Skinner admitted the O. R. A N.
would not b& able to handle the in
crease, though certain Improvements
now under way would slightly Increase
its capacity. He expected another road
across Oregon would ultimately relieve
the congestion. Without another road
Portland's business could not be prop
erly handled. He said the o: 'R. & N.
Is not now handling all business of
fered, though not from lack of desire.
He admitted Its inability to ade
quately handle all wheat offered In
Eastern Oregon for shipment to Port
land. When Mr. Skinner concluded, ' ' Mr.
Teal asked him to repeat Important
parts of his testimony, and, .was again
sharply called down by Mr. Prouty. Mr.
Teal then clamored to secure further rec
ognition, and Mr. Prouty said:
"You may ask Just one more ques
tion." That elicited nothing new and the
case was closed.
Prouty Forecasts Decision.
MY. Prouty significantly explained
that no early decision ' 'would ' ' be
handed down, because it was evident
from the. testimony that, if such a rate
should be granted, the O. E. & N., now
overcrowded with Portland and other Or
egon business, could not handle Puget
Sound lumber, unless It should discrimin
ate against lumber originating along its
(Concluded on Page 6.)
x. -' X
THIS IS WHAT THEY'LL BE DOING NEXT.
T
ORCHARD'S STORY
Tells Motives Prompt
ing Confession.
NO PROMISE OF LENIENCY
Duty to God, Country and Him
self Moved Him.
WORDS CARRY CONVICTION
Penitent Assassin Denies Hope
of
Saving Life Held Out and Admits
Attempt at Suicide Story Con
cerning Bradley Sustained.
BOISK, Idaho, June 13. (Special.)
The cross-examination of Harry Or
chard closed today. He had been on
the stand six full days and parts of
two, having been called at 9:30 o'clock
on June 4, and his cross-examination
being finished at 2:30 o'clock this after
noon. In his direct examination eight
and one-half hours "were .consumed,
while his cross-examination occupied 26
hours. He left the stand apparently
stronger than when he began his testi
mony!, and tonight he is In excellent
spirits, according to the statement of
the warden, feeling relieved after thus
unburdening himself of his long Btory
of crime of every grade from murder
down.
A canvass made this evening of per
sons attending the trial shows that the
opinion' is universal among all who
are not direct sympathizers with the
defense that the climax of the examina
tion was reached this morning, when
the witness gave hla reasons for
making bis confession. A good many
men who have been skeptical are pro
nounced in the belief that the witness
has told the. truth. ,-. A correspondent of
a paper that has always been a partisan
of the defense stated this evening he
had wired his paper that the story told
by Orchard fully justified the state in
the course it has pursued.
Great Climax of Drama.
It was a most remarkable climax of
the long, terrible story. Mr. Richard
son was probing insistently for the
reason for the confession. It was to
the advantage of the defense to show,
if possible, that Mr. McParland had
dictated the story In some features at
least, and that he had promised or held
out hope of Immunity, but the efforts
of the attorney were without result.
Finally Orchard delivered himself of
the statement which brought the story
to a climax, declaring he had confessed
from conviction that it was right for
him to do so, and that it was his duty
to his God and his country to tell all
he knew of the facts. 1
Jury Listens Intently.
Mr. Richardson sought to shut him off,
but the court permitted him to proceed,
and amid deathlike silence he made - the
statement. The members of the Jury
leaned forward to catch every word, and
it was manifest that every one was im
pressed with the earnestness of the man,
who made the statement with manifest
emotion and with tears starting to his
Pica dot win
LIKE EMPERQR54
CLIMAX
eyes, rendering it necessary for him to
use his handkerchief.
Surely If Harry Orchard has not told
the truth, he is the most brazen liar on
earth, but there are few who do not be
lieve he has told the truth excepting the
partisans of the defense, who have al
ways attaoked the state and all connected
with it in this matter. Candid citizens.
who declared before he went on the
stand that they would never believe him.
openly admit their entire confidence that
he has told the facts correctly.
Surprise for Defense.
The calling of Crook, the Bradley milk
man, to the stand this afternoon was a
great surprise to the defense. . Their
agents have been trying for several days
and have entirely failed to connect him
with the case.
Tomorrow the state will finish up with
the San Francisco end of the case ex
cepting as to two witnesses not yet here.
It will then put on a few unimportant
witnesses whose testimony can be taken
at one time as well as another, as they
are anxious to get away.
SOLE MOTIVE IS FORGIVENESS
Orchard Withstands Violent Assault
on Motive of Confession.
BOISE, Idaho, June 13. The men
who are battling to save the life of
Francis J. Heney, Who Secured Con
viction of Mayor Schmltz.
William D. Haywood and the good
name of the Western Federation of
Miners made their greatest assault
upon Harry Orchard today when, carry
ing the review by cross-examination of
his life of crime down to his confes
sion, they bitterly as.-?nilrd his guiding
motives. Six days they spent In strip
ping him before the jury of every shred
of morality, of character and then, sud
denly turning upon him in final fierce
attack, they fought with every means
known to the legal craft to convince
the Jury that OrehaTd was-domm'iftfng
a crime in falsely swearing away the
lives of Innocent men In the hope of
saving his own.
Tells of Penitence With Tears.
The series of . quickly delivered at
tacks gave to the trial, amid the scenes
centering around the big witness chair
m Judge Wood's "court, a depth of
dramatic intensity, a compelling human
Interest, that gripped and held every
man and woman who watched and
listened. Orchard failed when they re
cited to' him the tale of King David
and Uriah that Detective McParland
related to him when he came seeking a
confession. He fought to save himself,
but the tears filled his eyes and ha
rocked unevenly like a fainting wom
an. His voice lowered to huskiness and
he hid his face in a handkerchief. Then
he steadied himself and went bh
strongly to the end. He defended his
motives by saying that he had finally
found true conversion and in penitence
had resolved to make all possible
reparation by freely confessing all.
Mr. McParland had told him that he
was doing a great service to the state
and that states were kind to men who
served them; there was no other
promise.
Sole Desire Is Forgiveness.
"You knew that if you confessed to
the Steunenberg murder the state
would put you out of the way?" ham
mered Mr. Richardson.
"Yes, sir."
"And would do It quckly?"
"I believed they would put me out
of the way." .
"But somewhere along the line the
thought came to you that you could
get out of It by laying it on some
body else?"
"No, sir, that was not the thought
at all."
And here it was that Orchard gave
a remarkable explanation of the mo
tives that impelled him to confess. His
voice fell to a low tone, but there was
no show of emotion. Complete silence
gave every word to he entire room.
The whizz of an electric fan overhead
was the sole accompaniment to the re
cital. I thoufrht." he said, "of putting my
self out of the way, but I thought over
my past life. I did not believe in a here
after at all, but I was afraid to die and
I thought at times that I had been such
an unnatural monster my crimes had
been so great that I would not be for
given."
'Who told you thatr"
'No one.
'Who wrote that out for you?"
'No one, but after I had seen a Bible
and had read it some I came to the con
clusion that I would be forgiven if I
made a confession of everything. I be
gan to think that the grave did not end
everything and I made up my mind to
tell the truth about the whole thing."
Duty to Tell Truth.
'So you thought you would make your
peace with the future by having some
body else bang, did you? ' asked Mr.
Richardson.
'No. sir. I think any man can make
his peace with the future If he wants to.
I believed it was my duty to tell the
truth. I did not see any other way, re-
.Concluded On Page 0-)
ROOT ES
CAUSE TO THINK
Weary of Japan's Fuss
About Trifles.
PROTESTS GROW MONOTONOUS
Complains That Boys Smash
Few Panes of Glass.
IRRITATION IS GROWING
Aoki's Visit About Petty Affair at
Berkeley Makes Root Tired Told
to Make Allowances f or
San Francisco.
WASHINGTON, June 13. (SpeclM.)
Viscount Aokl. the Japanese Ambassador,
called at the Department of State today
and made a formal complaint because
some small boys broke a few panes of
glass In a greenhouse belonging to a
Japanese In Berkeley, Cal. Ambassador
Aokl was greatly disturbed when he left
the office of Secretary Root and was con
siderably annoyed when asked about the
Japanese situation. .
"I have no time to talk," stated the
Ambassador. .
It was clear that his feelings were
much ruffled. While Mr. Root and the
Japanese Ambassador decline to discuss
the matter, Mr. Root undoubtedly did
some plain talking to Viscount Aokl In
regard to the action of the Japanese in
attempting to magnify Into an interna
tional question every trivial case in
which a Japanese living in the Unjtcd
States Is involved.
Weary of Japan's Protests.
For some time there has been consider
able impatience on the part of the Ad
ministration on account of the action of
the Japanese. The Government is Irri
tated by the persistency with which the
Japanese Ambassador has' pressed unim
portant matters on the attention of the
Department of State, especially as the
United States has taken particular pains
to show that there Is no hostility against
Japan on the part of this Government.
One of the questions which have
arisen rs "t6 'Whether the Ambassador Is
so persistent on his own Initiative or
whether he is acting under instructions
from his Government. Mr. Root has re
peatedly explained to the Japanese Am
bassador the scheme of the American
form of government and the fact that
it cannot force state governments to
act In the matter of giving protection
to Japanese, but that In each Instance
where foreigners have been molested
the state authorities are urged by the
Federal Government to act.
Must Make Allowances.
In dealing with the Japanese situa
tion in .San Francisco, which is just re
covering from an earthquake and fire
which destroyed the city and . where
chaotic conditions exist, it has been ex
plained that there is necessarily more
disorder and hoodlumlsra than in cities
where such disasters have not occurred.
While the Federal Government is in no
way defending the attacks, the Jap
anese have been informed that the ut
most patience must be shown.
PAPERS CHANGE THEIR TONE
Japanese Begin to Regard San Fran
cisco "Outrage" in True Light.
TOKIO, June 14. The Jiji this morning.
In its leading editorial, which is evi
dently Inspired, says that the recent as
saults on Japanese In San Francisco were
merely incidents growing out of the in
dustrial troubles in that city and that
they do not constitute a cause for diplo
matic action.
The editorial advises that the authori
ties be trusted to mete out Justice and
deprecates excitement over the matter.
AOKI DENIES THE INTERVIEW
Intimates That Russia May Get
Wrong Impression From Reports.
WASHINGTON. June 13. Viscount
Aokl, the Japanese Ambassador, tonight
requested the Associated Press to publish
the following statement:
"What purports to be an account of
an interview with Viscount Ackl having
been published today, the Japanese Am
bassador desires to state that he has
given no interview to anybody. The vis
count would not have felt called upon
to point out the baselessness of the al
leged interview if it were not for the
remarks therein contained,- which are di
rected against a power (Russia;, Jn
friendly relations with Japan."
Dr. Masulln Kiyakawa, of San Fran-'
Cisco, the Japanese lawyer who filed the
suit against the San Francisco School
Board in the now famous school case,
has been asked by the Japanese of the
Pacific Coast to visit Toklo to discuss the
exclusion clause In the immigration law
passed at the last session of Congress,
with a view to removing the ban against
the importation of Japanese coolie labor.
He. however, has declined the mission
and, according to telegraphic advices, he
has received A. Tsukamoto, prominent in
the Japanese colony In San Francisco,
has been selected as the envoy who will
visit Toklo. Dr. Kiyakawa says he
(Concluded on Pag 6 )