VOL. XLVI. 0 14,522. PORTLAND, OREGON, TUESDAY, JUNE 23, 1907. PRICE FIVE CENTS. DARRQW OPENS rs CASE SaysOrchard Prompted by Revenge. ATTACKS ON MINEOWNERS Accuses Them of Trying to Implicate Haywood, WHY CHANGE OF NAMES Explanation Offered of Money Sent Simpkins and Orchard Mlneown ers Alleged to Have Instigated the Independence Explosion. BOISE, Idaho, June 24. (Specials Clarence S. Darrow's opening statement to the jury In the Haywood case today was a disappointment. . Like .the .cross examination of Orchard by E. F. Rlch ardRon, it seemed to lack purpose, and those who expected a strong and plausi ble line of defense failed to find their expectations realized. Mr. Darrow talked three and a half hours, but. beyond entering some denials and making some charges, he accom plished very little, while his effort made a bad impression everywhere. He made the dual mistake of admitting what could not be explained and offering diaphanous explanations of those things which he de clared the dofense ready to prove in refutation of testimony brought out by the state. At times he dropped into stump oratory to relieve the monotony, as when he launched into laudation of the Federa tion, when he attacked the mining com panies and when he boiled over with well-simulated indignation at the work of the Pinkerton agency. In his attack on the mining companies, he sought to make it appear that these were oppres sors of the miners until the Federation came along and humbled them into the dust, compelling them to give their men enough to eat and afford them proper hospital accommodations when ill. To those who know something of the pro vision made for miners in practically all camps where metalliferous mining is conducted, this all sounded very cheap. Explaining Money Sent Orchard. The opening disclosed many glaring meaknesses. One of these was the ex planation the attorney made of the pay ments made by Pettibone to Orchard. He admitted only . those payments which have been proved Independently of Or chard's testimony, but left the Inference that there might have been more. The explanation was that Orchard deposited money with Pettibone to be sent to him when he might need It. The Use of the aliases was admitted, but this was tamely explained by the statement that the miners in the Cripple Creek district who were deported all changed their names. Orchard was not deported, " and the de tense says he enjoyed especial immunity; nor was Pettibone at Cripple Creek, nor ret was he deported; yet these two men both used aliases frequently In com municating with each other. Orchard gave directions how the money was to be sent, according to Mr. Darrow, and Pet tibone elmply complied with the direc tions. This explanation related only to those payments which have been traced. Orchard had left the money In Petti bone's safe; Orchard the gambler had left his cash and gone away 1500 miles and then telegraphed for It In driblets. That story is one that few will be willing lo swallow. According to Mr. Darrow, Orchard lied as to most everything else but those transactions respecting which the state introduced conclusive proof, and as to theee the attorney offered the kind of explanation stated. AVeuk Points In Argument. Of the letter from Haywood to Orchard's wife, Mr. Darrow had nothing to say beyond the statement that they would handle that when the witnesses were placed on the stand. Mr. Rich ardson avoided that In his argument the other day. and the public is rather Interested to know what kind of an explanation is to be brought forward later respecting It. Throughout Mr. Darrow's argument were the contradictions that were so prominent in the work of Mr. Richard son in conducting the cross-examination of the chief witnesses of the state. Mr. Darrow questioned what Orchard said about the Independence explosion. but the defense expected to show it was brought about by the mlneowners. The latter did not Intend to kill anybody, but wished simply to make a demon stration to create prejudice against the Federation. For the purpose of such a demonstration they loaded enough giant powder under that platform to tear everything to pieces, whereas half a dozen sticks would have been sufficient for any such mild purpose. Fut while the mlneow,ners blew up these men at that station, it was Orch ard sure enough who killed Steunen berg. Two Contradictory Arguments. One statement made by Mr. Darrow in effect was that this was not a trial of theee men for murder, but a trial of the Western Federation by the Colorado mine-owners, the case having been sent to Idaho for JAe,Eurpo?a of bre&nx saX, HAYWOOD the Federation. How it happened that Orchard did the deed that precipitated the prosecution, it It were the work of the mine-owners, is difficult to understand, unless the murderer were in the -employ of the latter, but Mr. Darrow distinctly acquitted Orchard of being the tool of anybody in this crime. That manifestly was because it would conflict with an other theory, to have him working for the Colorado mine-owners in committing the murder, since it Is to be proved by a dozen witnesses that he did it for per sonal revenge. Again, Mr. Darrow admitted that Or chard told the truth when he said Simp kins went to Caldwell with him. . Of course he did; other witnesses saw. him there with Orchard. But Mr. Darrow did not seek to explain why Simpkins took an assumed name or why he. disappeared off the face of the earth so soon, as the fact was made known after the murder that he had been seen at Caldwell with Or chard. Mr. Darrow passed that feature over very lightly, declaring Simpkins was ......................... Clarence 8. Darrow, Who Stated Cane for Defense in Haywood Trial Yeoterday. on a. regular tour of official duty, going Immediately afterward to Denver. Draft Sent to Simpkins. Then followed a remarkable statement respecting the draft sent Simpkins on December 21 for Orchard, in regard to which Pettibone wrote the latter that it had been forwarded in that manner. Mr. Darrow said Simpkins had more money in his pocket when he got ready to leave Denver than he needed. So he gave Hay wood J100 and asked him to buy a draft with It and send it to him. There were many other such glaring in stances of accommodation of the defense to proved facts, explanations being of fered which it would require volumes of testimony to lodge in the mind of any person. All who heard the statement were surprised at Its weakness In the particulars and in its lack of strength in setting up any positive defense. The effect on the jury was noticeable. The Jurors lost all Interest after Mr. Darrow had talked an hour. One seemed to be trying to follow him through, but the others were plainly "tired." What State Has Up Sleeve. Though it is known there are scores of witnesses to go on the stand to testify in contradiction of Orchard, this failure of Mr. Darrow to outline a reasonable plan of defense has impressed everybody with the Idea that the defense is des tined' to fall down ' miserably 'when 'its witnesses get under cross-examination. Persons connected with the prosecution who are in a position to know what it has left up Its sleeve say they will de molish on rebuttal every theory advanced by Mr. Darrow, besides proving on cross examination a great many of the de fense's witnesses are wandering far' from the truth. The defense seems to be a hodge-podge of attack on mlneowners. laudation of the Federation and explanations that conflict with each other. Mr. Darrow intimated" throughout that Pettibone was not close to the inner circle, whereas it can be rroved he was hand In glove with the officials of the Federation in everything, and It Is going to be difficult for the de fense to withstand the showing that will be made on that point before the case closes. DARROW STATES THE DEFENSE Will Prove Orchard Liar and Mine owners Conspirators. BOISE. Idaho, June 24. Mr. Darrow. in opening his statement of the case for the defense, reminded the Jurors of the in struction given them by the court that they are to keep their minds entirely open as to the guilt or innocence of the accused man until all the evidence from both sides has been introduced. "You have listened to the theory and the evidence of the state," Mr. Darrow proceeded. "Mr. Hawley has covered a wide ground in his opening for the state. and we will have to meet him step by step. The defendant has been charged nationally with the murder of former Governor Steunenberg. But tile state has told you the case rests upon a giant con spiracy of which, the defendant was among others a part. "The state's attorney has told you the murder of Governor Steunenberg was but an incident. They have told you the Western Federation of Miners was an agent to commit murders, to control poli tics, to hire lawyers and other criminal things. "Part of this is true: part of it Is not true. It is true that there Is a labor or ganization known as the Western Federa tion of Miners. It is true the Western Federation of Miners has spent money for lawyers. It was unfortunate, but most people have to employ lawyers at some time or another. Hawley Godfather of Federation. "This organization was really born in 1S?;-1S93, right down In a cell beneath this courtroom, where Ed Boyce, the first president, was a prisoner, and where now the three men. charged with this murder, are awaiting the Judgment of this Jury. To start out with, they hired lawyers and ,they hired the best they could. They hired Mr. Hawley. now the leading counsel for the state. Mr. Hawley laid out the plan of their organization for them; he advised .Concluded on Pace JLi. LEFT MINORITY HOLDING THE DAG Harriman Crowd Ac cused of Fraud. IN CHICAGO TERMINAL DEAL Stillman, Schiff and Gould in Same Conspiracy. STEERED INTO BANKRUPTCY Minority Stockholders Oppose Sale for $10,000,000 Less Than Val . ne Subject to Baltimore & Ohio Lease. CHICAGO, June 24. (Special.) Stock holders representing a minority interest of 60,000 shares of Chicago Terminal Trans fer Railroad Company's stock filed a peti tion in Judge Kohlsaat's court today, ask ing to be allowed 'to Intervene in pend ing litigation against the company, and charging Edward H. Harriman. James Stillman, Jacob H. Schiff and George J. Gould with causing the bankruptcy of the company through fraud. The petitioners are George I. Malcom, George D. Mackay, Edward A. Morgan, Edward L. Oppenhelm and James L. Laldlaw, who are represented In the fight by Homblower, Miller & Potter, of New York; Knight & Home, and Hopkins, Peffers & Hopkins, of Chicago. The receiver of the Terminal Company, John N. Faithhorn, also filed an answer to the former petition of the Baltimore & Ohio Road in opposition to the effort which that company is making to have the terminal property sold, subject to a 99-year lease which It holds. It is this lease which the minority interest has at tacked on the ground that fraud was committed by the head of the Harriman system of railroads, the head of the Gould system, the president of the Na tional City Bank of New York and a member of the brokerage firm of Kuhn, Loeb & Company, The charge is made in the minority pe tition that, having worked their will with the terminal property, and having prac tically steered It to the brink of bank ruptcy by a nefarious scheme to relieve themselves from a financial .obligation, Mr. Harriman and his friends sold out their control and left the minority hold ing the bag. With respect to selling the terminal property subject to the lease of the Bal timore & Ohio, it, is stated that, If this is done, that company will secure the terminal for about J17,000,000, whereas it is worth at least 127,000,000. WALKER CHARGES COXSPIRACX Promoter Attacks Harriman About Tillamook Railroad Deal. NEW YORK, June 24. A suit was started today in the United States' Cir cuit Court by Henry M. "Walker, a resi dent, of New Jersey, against Edward H. Harriman and other defendants, alleging breach of contract and conspiracy to prevent construction of the Portland, Ne- halem & Tillamook Railway, in Oregon. In his complaint Mr. Walker places his monetary damages at $500,000. Two cor porative defendants and 29 other indi viduals have not been served, and for this reason their names have been with held by the court. Mr. Walker says he was employed In 1906 by the officials of the Portland, Ne- j NOW FOR THE GLORIOUS FOURTH! , " " ; J- J S Octroi VvtfT. - ----- .---'--'. .. ....... ., ... .... a.es. ..... K'JLJLJJJLSJCS halem ft Tillamook Railway to float its bdnds in London and make arrangements with a California corporation, also named as one of the ' defendants, to advance $600,009 to be used in constructing the railway, the security to be bonds of the railway company. An issue of $3,000,000 of bonds was to be - disposed of by him. for which he was to receive a commis sion of 15 per cent, 2400 shares of" stock and $45,000 in cash. The issue of bonds' was to be delivered to - him in London, where he entered into an agreement with the London Share & Debenture Company, which was to advance the sum of $2,400,- 000 on the bonds. Walker said the bonds were not de livered to him, and on his return to the United States he found that the presi dent of the corporation, and its board of directors.' had refused to sign the bonds. Mr. Walker also asserts that he found "that by trick and-device the charter and property of the railway had been trans ferred to Elmer E. Lytle, an agent of B. H. Harriman, and all the capital stock of the road had been rendered practically worthless through the influence of Mr. Harriman." He says also, that Mr. Har riman and associates brought sibout the insolvency of the California' company, which had contracted to loan the money to the railway for construction purposes. The complaint of Mr. Walker says that Mr. Harriman and his associates are bit terly opposed to the construction of this railway, or any other in that - vicinity, fearing it would Interfere with their ownership and monopoly in that part of the state. Mr. Walker asks that a receiver be ap pointed for the property, that officers of the company be ordered to sign and issue the bonds, account to him for 2400 shares of stock they have wrongfully withheld from, and pay $35,000 legally due him. He further asks the cancellation of all trans fers made by Mr. Harriman or the latter's agents, and that the road be restored its franchise by the state of Oregon. Mr. Walker's story has been heard here before, but the man and his contentions are quite generally discredited. - It is pointed out by men connected with the Portland, Nehalem & Tillamook Railway scheme that lack of confidence in Mr. Walker himself was responsible for the failure to finance the road. . Had there been merit in Mr. Walker's case, it is believed that he would not have waited a number of years, to bring suit, but would have commenced action immediately upon the development of the alleged conspiracy. Portland people who are acquainted with the attempt to build the Portland, Nehalem & Tillamook Rail way do not regard the Walker suit seri ously. CAXNOT REMEMBER AST SUIT Harriman Has Even Forgotten Name of Railroad Involved. NEW YORK, June 24. (Special.) E. H. Harriman at his home in Tuxedo last night told an Oregonian reperter that he cannot recollect- the Portland Nehalem & Tillamook deal at all. ."At the present moment I do not re call the name of Mr. Walker and the Portland and what-you-may-cail-it railroad or any dealings. I have had with either," he said. "It la possible that Marshal Henkel may have served me with papers, in New York yesterday. But I am served so often that I didn't take particular notice. In the development of my rail road interests in the West there are a great many details that I haven't been able to watch out for personally, and of what has been done regarding un built roads on paper I am particularly ignorant. . "If I was really served yesterday and if Mr. Walker really carries this to the United States Circuit Court, why. I suppose I Bhall then learn what It is all about. But according to my present recollection I cannot connect the al ledged suit with myself, either per sonally or In relation to my railroad Interests." Stop Sale of Fake Absinthe. PARIS, June 24. The Hygienic Com mission of the Chamber of Deputies today reported against a bill for the total prohibition of absinthe on the ground that it could not with reason distinguish between absinthe and many other liquors. The' commission, how ever, will draw up a bill prohibiting manufacture or sale of the cheap imi tation which goes by that-name. SAVAGE ASSAULT ICTMENT MillionairesRaiseMany ' Technical Points. OVERRULED ON TWO FIRST Petty Flaws in Minutes Are Brushed Aside. QUIBBLES ENRAGE HENEY One Point Hinges on Whether Judge Xodded Head Ruef and Schmitz Also Spin Cobwebs to Obstruct the Law. SAN FRANCISCO, June 24. Six of the corporation and city officials under in dictment for hriherv TroR(rtnt rnthnun General Manager Mullally. Chief Counsel Ford and Assistant Counsel Abbott, of the United Railroads; A'ice-Presidept Glass, of the Pacific States Telenhnnn A Telegraph Company, and Mayor Eugene j. senmitss, through their attorneys made determined efforts today to have Superior Judge Law I or set aside the In dictments against them on grounds of technical errors. After two sessions of court had been consumed in the tion of evidence in support of their con tentions, the hearing was ajjourned until 2 o'clock tomorrow afternoon, when argu ments win be presented and authorities submitted Scbmitz" attorney today withdrew from the District Court of Appeals his petition for admittance to bail through writ of habeas corpus, and gave the einlannkn that technical omissions in the document necessitated its refraining-. It vm aatri that a new petition will be filed tomor row. Ruef Mak-s Similar Defense. Abraham Ruef late in- tho aftnin was called to answer to 2S nf fh sa Indictments charging him with bribery of municipal omciais. 1 In connnctlnn with the gas-rate deal and 14 in connection With the Issuance of the TTnltod Boil roads trolley franchise. Ruef, through his attorney, moved to set aside the In dictments on grounds similar to those urged by the other defendants. The mo tion was set for hearing Thursday be- xore judge Lawlor. The grand Jury met in today and began an investigation into the ambushing of an Eddy-street car of the United Railroads Company last Saturday night near the Chutes whn .r,,,.i policemen and detectives, forewarned, lolled an attacking party and arrested uiree. One of the' latter has turned atnta'i .i dence, and it is said that ho ha teased the details of existed with the knowlftdc- labor leaders interested in the present strike against the streetcar company. The grann jury will continue ita investigation tomorrow. One Technical Point Fails, Among the contentions set up by the joint defense for the overthrow of the indictments is that technically illegal steps were followed in making up the present grand Jury. It Is claimed, for Instance, that the names of dead Jury men notably Adolph Roos, a Market- street liquor dealer were returned into -the big Jury box after the 19 grand Jurors, composing the previous grand Jury, were selected, and that, as a re- suit, the names of dead men were called in the preliminary proceedings in the selection of the present grand Jury. In this connection Judge Lawlor called on Sheriff O'Neil for a statement concerning Roos. The Sheriff said he was Informed by a relative of Roos that the latter is not dead, but for the last two years has been living in Paris, where his life was saved by a surgical operation performed IS months ago. Assistant District Attorney Heney stated for the prosecution that he had identical information. Instruction was given by the court to Verify it. The examination of grand Jurors relative to claims by the defense that certain of them are disqualified by rea son of expressed bias, .was the next step in order; but the grand Jury, being at the moment in session, this was temporarily passed. C. M. Delmas and P. C. Coogan were present for Mr. Glass; A. A. Moore and Stanley Moore, for the United Railroad officials, and they were Joined during rnxmrnmrnt Queen Wlhelmlna, of the Nether lands, Who Is Entertaining the Peace Conference at The Hague. the proceedings by Earl Rogers, of Los Angeles; Frank Drew and C. H. Fair all, representing Mayor Schmltz. As sistant District Attorneys Heney and Harrison and C. W. Cobb represented the state. Defect in Court Minutes. During the hearing Messrs Coogan and Moore amended the Joint motion to set aside the indictments on grounds wftich, they declare; establish firmly the illegality of the present grand jury, and the invalidity of every act and indictment by that body performed and returned. . . They called - Deputy County Clerk Trefts to confess on the stand that he, acting as clerk of the court, failed to engross his court minutes and the order of the court discharging the previous grand Jury, and failed to enter the fact that the present grand Jury was sworn. From these admissions and from the proved absence of the entries, Mr. Coogan and Mr. Moore will argue and atempt to show that no such orders were by the court made and that hence the Oliver grand Jury has no lawful existence and all of its official acts are void. Should this contention be upheld, the whole bribery-graft prosecution will fall and be swept aside. At tne time when those orders should have been made," asked Mr. Moore of the clerk, "were you sitting so dose to the Judge that you would have heard them if the court had made them?" "Yes," replied Mr. Trefts. . Defects Can Be Cured. A recess was then taken until 1:30 P. M. to allow investigation of the dis puted point. The prosecution admits that the order of dismissal and the administration of oath were not engrossed in the minutes, but alleges this was merely an oversight of Mr. Trefts; that the old grand Jury was discharged and a new grand jury was sworn, and that the minutes can be lawfully corrected by an order of the court. At the resumption of the hearing this afternoon Judge Lawlor ruled that the omissions from the court minutes af fectfng the last and present grand juries could be cured by an order by Judge Graham for their correction. So far as the present hearing is concerned this does away with the claims that the Oliver jury is an illegal body. Says Dunne Nodded Head. ; One of the contentions of the de fense is that the name of B. P. Oliver, the foreman, was twice drawn from the box. .The attorneys for the indict ed officials allege that Mr. Oliver's name was improperly returned to the box after it had once been drawn by Assistant District Attorneys . Heney and Harrison without authority from the court. Replying to this charge, Mr. Heney angrily declared . " that Judge Dunne had given the necessary author ity by nodding his head. Judge Lawlor refused to rule in the matter until the testimony of Judge Dunne himself can be secured. ' He is absent from the city on his vacation. ATTACKS CREDIT OF THE CITY Schmitz Denies Validity of Warrants Not Signed by Him. SAN FRANCISCO, June 24. On Satur day, Mayor Schmits, from the Jail where ne is connned, notined the local agent of a New York surety company that he would hold that company responsible for any money paid by City Treasurer Ban- tel without the signature of Schmitz a Mayor. Bantel will therefore be informed this morning that as a matter of precaution he must have the authority of Schmitz as well as that of Gallagher, for the pay ment of funds, or the surety company will cancel nis bonds. The purpose of this latest move on the part of Schmitz. is, it is said, to weaken Claim oi iiejiaguer,- CLOSE THE DOORS TO Radical Order of Texas Startles All. WASHINGTON DOUBTS POWER Supreme Court Would Not Sus tain Quarantine. CLASSED WITH SMALLPOX Quarantine Against Tuberculosis la Held to Be Violation of Constitu tion Doctors Hold It t'nneces ary for State's Protection. WASHINGTON, June 24.-(Spec!aI.)-Federal officials having to do with th regulation and control of the public health were exercised today to learn that uiuemis oi Texas will 1 soon Issue a proclamation of permanent quarantine against all persons affected with the advanced stages of tuberculosis. The , proclamation will place tuberculosis in the same category with smallpox and yellow fever, according to report, and Is being issued because of the increased Immigration of tuberculosis patients to the dry climate of arid Texas. It was said here today that under the Federal statutes tuberculosis is not a quarantlnable disease, either under the maritime or Interstate immigration laws, but Immigrants can now be kept out of the United States when afflicted with tuberculosis, under the new Immigration law. The opinion was given that it may be difficult to sustain such a quarantine before the Supreme Court under the pro vision of the constitution guaranteeing the right of every citizen of the United States to go from one state to another. In each case the state - authorities will be compelled to prove absolutely that the person denied entrance to Texas Is suf fering from tuberculosis in the advanced stage, and the cost of such a quarantine will be large. On the question of public policy in volved in such a quarantine no opinion of officials could be obtained for publica tion, but It is known to be the opinion of some of the individual experts that the study of tuberculosis has progressed so far that a state of quarantine Is un necessary and that Immigration of this kind might be treated at tuberculosis colonies if protective steps are necessary. The issue raised in Texas has never been heard of before by Federal officials, although Colorado a few years ago agi tated a somewhat similar step. . Texas Shuts Out Consumptives. CHICAGO. June 24. A dispatch to the Record-Herald from Austin, Tex., says; All persons suffering from tuberculosis In an advanced state are to be debarred from entering Texas. Dr. W. H. Brumby, State Health Officer, said last night thai within a few' days he would Issue a proclamation establishing a rigid quarantine against all persons af flicted with the disease in an acute de gree. In doing this he classes tuberculo sis in the same category with yellow fever and smallpox. Dr. . Brumby has Just returned from a trip of Investigation to points in South west Texas, where he says he found many health-seekers who has Just entered the state suffering from tuberculosis. CONTENTS TODAY'S PAPER The WT rather. TESTER DAT" 8 Maximum temperature, f3 degrees; minimum. 38. TODAY'S Fair; northwesterly wintU. Pacific Coaet. Darrow states case for defense In Haywood trial. Page 1. Indicted San Francisco millionaires attack Indictments on technical grounds. : Page 1. Lone highwayman again holds up stages In California. Page 2. Mrs.. Oordon bobs up to block divorce pro ceedlngs with wife No. 2- Page 6. William Ay era, well-known sporting man. killed near Seattle. Page 6. Clark County logger tries to beat out hi Drain with an ax. Page o Forelgn. . British Parliament debates House of Lords question. Page 8- South American Republics fear attack on Monroeism at The Hague. Page 6. Politics. Knox speaks on Federal control of com merce. Page 2. Domestic. Charge of fraud against Harriman and other magnates in Chicago terminal deal. Page .1. Walker xues Harriman and others for con spiracy in jenaiem railroad deal. Page Car shortage on Oregon roads attributed by iioi fiuiun iw aaippers. rage 9. Texas quarantines consumptives and may conflict with Federal power. Page 1. Prominent Colorado men arrested for land 1. 1 dUUB. x'&ge - Sports. Automobile meet a great financial success. Page 11. Commercial and Marine. Oregon fruit packers outwitted by Seattle firm. Page lo. AH grain markets weak at Chicago. Page 15. More gold taken for export. Page IS. Bark JordanhlU clears for Callao with lum ber. Page 7. Portland and Vicinity. State Railroad Commission hears O. S. fc N.'s side In Pendleton case. Page 10. K. P. Sheldon discusses Denver lands con vention. Page 10. Orders given for National Guard encamp ment, .rage o. Seattle dealer in fire hose tries to brlbsj. CONSUMPTIVES Cbief Campbell. Pags U.