)
TO
PORTLAND, OREGON, WEDNESDAY, JUNE 26,. 1907.
PRICE FIVE CENTS.
VOL,. XI.VI.-XO 14,523.
iiuirnmir cw wirei
pf Yr t r . Yv jjp x
MTACK BEGUN
OHCHARD'S STORY
Witness Gets Mixed on
i His Dates.
INFORMER AGAIN ON STAND
Effort to Show He Did Not
Blow Up Bradley.
WAS HE IN WARDNE MOB?
Dr. McGce's Memory of Banker Hill
Explosion Suddenly ReturnB.
Many Witnesses Tell About
Cripple Creek Strike.
STTJDIICS ORCHARD'S PSYCHOL
OGY.
BOISE, Idaho. June 25. (Spe
cial.) Dr. Huso Munsterberg, pro
fessor of psychology at Tale, Is here
to make a study of characters In the
Haywood case, especially Orchard.
He was In court today, and took
copious notes. While Orchard was
on the stand, the doctor gave the
closest attention to him. It Is under
stood he will have an opportunity
to see and talk with the self-con-
fessed murderer.
BOISE, Idaho,. June 25. (Special.)
A somewhat remarkable feature of the
testimony Riven today In the Haywood
case was that of Dr. I. L. McGee. for
merly of Wallace, but now of Spokane.
The doctor Is one of the impeaching
witnesses. When the defense aeked
Orchard the impeaching questions on
June 17, one of them was whether he
had not told the doctor In 1905 that
he was a spotter In the employ of a
detective agency. Orchard denied It.
At that time the doctor was here and
had been here a few days before, and
had ample time for consultation with
the attorneys for the defense. .
Today when Orchard was on the
stand to answer other Impeaching que4M
tlons the defense stated it wished to
make a correction in that about Mc
Gee, there having been a mistake in
the date, and asked Orchard if he had
made such a statement to the doctor
in 1904. He again replied In the neg
ative. When the doctor was again on
the stand he said he had talked with
Orchard about July, 1904, in the Coeur
d'Alenes. and that Orchard had made
such a statement to hli(i.
Attack on Bradley Story.
He stuck to that date emphatically. Or
chard was in the Coeur d'Alenes in 1905:
that is fully established, but his story of
his movements during 1904. shows he was
not In that section during that year. That
was the year when he blew up the In
dependence platform, made the trip Into
Wyoming, went back to Denver and from
there went to San Francisco to kill Fred
Bradley, according to his story.
The defense is attacking the Bradley
tory. Though it seems most unlikely, it
seeks to attack the fact of Orchard's
feeing in San Francisco at the time he
testified he was there. However, If it
should bring on witnesses to swear they
saw him In the Coeur d'Alenes at the
time he testified he was in San Fran
cisco, it would be for the manifest pur
pose of proving that he was not there
at all at the time of the Bradley ex
plosion. Why Did McGee Change Bate?
Why was this change made by Dr. Mc
Gee? That is a question that every one
is asking. It is a moral certainty that
Orchard was not In that section at that
time. Did Dr. McGee get mixed in his
Gates after his first consultation with the
attorneys? Have they seized UDOn the
mistake as something that will reflect
upon the truthfulness of Orchard's nar
rative? Or was this change made dellb
eralely for some ulterior purpose?
There is this in support of the theory
that the doctor is mixed in his dates. He
stated he saw Orchard talking to Cun
ningham at the depot at Wallace about
the same time. Cunningham is the name
of the man to whom Orchard gave the
Peabody bomb in 1905. That bomb is
traced so fully that the time It was taken
to Wallace cannot be doubted. Mr. Pea
body did not go out of office until 1905
and the bomb was taken to his home at
Canon City after that for the purpose of
killing him. Perhaps Cunningham is
coming on the stand to testify he talked
with Orchard in Wallace In 1904.
Memory Suddenly Refreshed.
Another remarkable feature of the tes
timony of Dr. McGee was, with reference
to seeing Orchard at Mullan on the day
the Bunker Hill and Sullivan mill was
blown up In 1S99. He made the positive
statement whereupon Mr. Darr'aw
checked him and asked him if he were
certain. Then Dr. McGee said he
thought he saw Orchard playing cards
at that place on that day. It has been
shown to be the purpose of the defense
to offer to prove that Harry Orchard
was at Wardner on that day. though he
did not assist In blowing up the mill.
Especial Interest attaches to this testi
mony by the doctor, becauses of the fact
that at the time of the troubles in 1S99
he was a sympathiser with the miner,
or at least was not in sympathy with the
auto. Ji A1 fii
persons in that section who could prob
ably have assisted the state much In the
w-ay of information about persons who
were or were not on that expedition. 1000
strong, that went to Wardner to destroy
the mill, but it was the understanding
at the time that he, like so many others,
had no knowledge to communicate on the
witness-stand.
Now, eight years after, he remembers
one who he thinks he saw playing poker
that day in Mullan, 20 miles away. The
fact that this piece of testimony runs
counter to the announced plan of the de
fense in locating Orchard on that day
suggests again that the doctor, though
glad to testify, may be mixed up in a
rather hopeless manner.
Sounds Like Drilled Story.
. Other testimony for the defense today
was about what was expected. It was
anticipated that a great cloud of wit
nesses would be here for the purpose of
fixing something upon Orchard. Those on
the stand today generally stood up well to
their stories, but there were two or three
exceptions. The witness Sullivan, who
t "4-'
General Frederick Fnnston, Who I)-
fiefl the Low hipped Mob of San
Francisco.
told of talking with Orchard at the Nev
ille boarding-house, was .painfully nerv
ous, and under cross-examination he was
obliged to contradict himself. His seemed
like a drilled story, and some of the
others were much of the same charac
ter. There was none of that bearing of
truth, none of that perfect candor, that
characterized the testimony of Orchard,
to break down which all these witnesses
have been summoned.
It is claimed by the prosecution that it
will fairly riddle this testimony In re
buttal. How correct that is remains to
be seen. One of the claims made Is that
the whereabouts of Orchard in 1904 will
be shown so conclusively that McGee's
story will fall to the gronud entirely,
while the testimony of the boarding
house keepers, the station agent and Mr.
Sullivan will likewise be discredited en
tirely. GRATIFY PERSONAL MALICE
Haywood's Witnesses Tell Orchard's
Motives Spy for Mlneowners.
BOISE, Idaho, June 25. The first di
rect testimony in defense of William
D. Haywood was offered today, and It
was chiefly directed toward showing
that Harry Orchard, blaming Frank
Steunenberg for the loss of his Interest
In the Hercules mine, had threatened
to have revenge by killing him, and
that the conduct of Orchard and K. C
Sterling, both before the Independence
explosion, when they w-ere frequently
seen together, and afterward, when
Mr. Sterling called off a bloodhound
that was following Orchard's trail, Jus
tified the Inference that the mlneown
ers inspired the crime.
The calling of the first witness for
the defense was preceded by a further
examination of Orchard, to permit the
defense to complete Its formal im
peaching questions. These questions
were nearly all In connection with the
theory that Orchard -killed Steunenberg
because of an alleged grudge growing
out of the sale of his Interest In the
Hercules mine. ' Orchard, who - came
Into court under protection of the same
flying squadron of guards that always
acta as his escort, maintained his old
calmne6 of manner, and spoke In the
same low-pitched, soft tone. He again
denied that he ever threatened to kill
Steunenberg because of the Hercules
mine, and again asserted that he sold
his Interest in the mine two years be
fore the trouble that drove him out of
Northern Idaho.
Say Orchard Made Threats.
Two witnesses called later In the
day swore that Orchard did threaten
to kill Steunenberg because of the
Hercules matter, and the defense has
prepared the way for such testimony
from a dozen more witnesses. The
two heard today were F. R. Redd, once
of Cripple Creek, and now of Goldfield,
New, and the other Charles A. Sulli
van, formerly of Cripple Creek and
now a watchman In the Brown Hotel
In Denver.
Mr. Redd said he heard Orchard make
the statement and threat In the miners'
hall in Cripple Creek, and Mr. Sullivan
swore that, while he and Orchard were
fellow-boarders at John Neville's place
In Cripple Creek. Orchard repeatedly
said that but for Steunenberg he
would be a rich man, and that he In
tended to kill the Governor. The
cross-examination showed that both
were members of the Western Federa
tion of Miners, and that Mr. Sullivan
was a friend of Haywood, Moyer and
many of the union leaders at Cripple
Creek.
Dr. I. I McGee, a mining broker of
the Coeur d'Alenes, another impeach
ing witness, swore that Orchard told
him In 1904 at Wallace, Idaho, that he
was a "spotter" for a detective agency.
Orchard denied this conversation, and
IfiLL INDICTMENTS
MtTBEnNNULLED
Validity ofOliver Grand
Jury Denied.
HAD LEGAL EXISTENCE ENDED?
San Francisco Bribers' and
Grafters' New Hope.
GLASS SPEAKS FOR ALL
Charges That Indictments Were
Fonnd by the Grand Jury After
Term Had Expired All He
ney's Work Is in Danger.
BAN FRANCISCO, June 25. All of
the various grounds urged by the de
fense in support of a motion to get
aside the bribery indictments against
vice-president Louis GIsbs, of the Pa
cific Telephone & Telegraph Company
and other big corporation officials,
were retired to positions of compara
tive insignificance this afternoon by
the appearance of a new contention
presented and argued by Glass' attor
neys. Briefly stated, the charge
brought by Messrs. Delmas and Coogan
in their effort to havo the Glass indict
ments set aside, and which by formal
understanding, is - for the benefit .of
all the other defendants as well, Is this:
All of the acts , performed by the
present grand jury since a date early
in January of this year are invalid be
cause the present grand jury ceased
lawfully to exist when the now grand
Jury list for 1907 was certified by the
County Judges on the date referred to.
The undisputed facts are these: Early
in January of this year the grand jury
list of 1907 was duly certified by the
12 Judges of San Francisco County, and
was by them returned to the County
Clerk, but the Oliver grand Jury, be
ing In the midst of Its bribery-graft
investigation, was not thereupon dis
charged. Instead It was continued in
existence under the belief that, having
been selected In the Fall of 1906, It
could legally exist for 13 months or
until the Fall of 1907.
Judge Lawlor, in commenting upon
the merits of the defense's contention,
said:
"Of course, if this grand Jury has no
existence in law, its acts have no va
lidity and the indictments must be set
aside. The court will welcome any
further light that counsel may be able
to afford. The hearing is continued
until 11 o'clock tomorrow."
Forest Supervisors Confer.
HELENA, June 25. Forest Supervisors
of Northwestern States to the number of
50, as well as officials of the Depart-
FOILED!
. . '
a. ............ ............ ... . . . . intiimiiii . aj.f.j..s.s a ..
ment at Washington, are In session here
in the first meeting of the kind ever held.
A. P. Shaw, at the head of the local
department of the service, made an ex
tended address on mineral and agricul
tural conditions in the National forests.
Gtfford Ptnchot. Chief Forester, made a
brief address and the rest of the day was
spent in informal discussion. They will
remain in session several dayB, possibly
until the arrival of Secretary Garfield,
July 2. ......
LOWER RATE ON ALCOHOL
Oregon Commission Says Charge for
Denatured Spirit Is Excessive.
WASHINGTON, June 25. A curious case
was filed with the Interstate Commerce
Commission today by the Railroad Com
mission of the State of Oregon against
the Northwestern and Burlington Kail
ways and several other lines. It appears
that the defendant lines charge the same
rates upon the denatured alcohol from
Chicago to North Pacific terminal points
as they charge on .other alcohol.
By reason of the high freight rates the
price of. denatured alcohol in Oregon is
greatly increased, as it costs from 12
cents to IS cents a gallon to transport it.
The Oregon Railroad Commission sug
gests that the freight rates work an un
just discrimination against denatured
alcohol, and asks the Interstate Com
merce Commission to fix a just and rea
sonable rate for Its transportation.
Want Piatt to Increase Dividends.
NEW YORK. June 25. The minority
committee of the shareholders of the
United States Express Company, which
is endeavoring to persuade the manager
to increase the annual disbursement on
the shares from 4 per cent to 7 per cent,
has issued another circular to its fellow
shareholders, whose support it is seek
ing in which it gives a detailed statement
of the assets of the company which puts
them at $50,931,000. The movement was
Initiated early in the Spring by A. L.
Banister and Samuel 9. Hatt, who formed
a stockholders' committee, asking for
more liberal dividend policy on the ground
that the company's assets were worth
between $16,000,000 and J20,000,000. To this
contention Senator Piatt, as president of
the company, replied that the assets did
not exceed the company's $10,000,000 share
capitalization.
ANOTHER NATIONAL BANK
Addition to Portland's Solid Finan
cial Institutions.
OREGONIAN NEWS BUREAU, Wash
ington, June 25. The application of W.
C. Morris, E. E Lytle, W. H. Moore, H.
A. Moore and Leo Friede to organize the
National Bank of Commerce, of Portland,
with $250,000 capital, has been approved
by the Controller of the Currency.
Incorporators of the new National Bank
of Commerce confirm the news contained
in the above dispatch. The quarters of
the new institution, it is understood, will
be in the building on Sixth and Wash
ington street, now occupied by the Ore
gon Trust Savings Bank. Those who
will engage in the new bank are all
heavily interested in the Oregon Trust
Savings.
This will make four Na'tlonal banks for
Portland, and the additional Institution is
an Indication of the growth of. Portland
as a financial center. The banks of the
city have long been regarded with great
favor as custodians of money from all
parts of the state and even Idaho, and
parts of Mqntaria, as well as Interior
Washington and Puget Sound. Solidity
has been the characteristic of Portland
National banks especially, and the addi
tion of another such institution, reaching
Into new territory, will mean much for
Portland.
Opinion Makes Harvard Choice.
RED TOP, Conn., June 25. With the
race for freshmen fours tomorrow af
ternoon the annual Yale-Harvard re
gatta on the Thames will be opened.
The Harvard freshmen seem to have
the best chance for this race, according
to opinion.
ROGER SULLIVAN
MAKES
mm
"What Is Democrat?"
Given Solution.
STATE RIGHTS ONE TENET
Adds to Colonel W. J. Bryan's
Lengthy. Definition.
WHAT HAVE LEADERS DONE?
Chicago Opponent of Xebraskan
. Takes Some Sly Digs and Hits the
Hearst Cnlt In Reference to
Creatlng.CIass Hatred.
CHICAGO, June 25. (Special.) Roger
C. Sullivan, Democratic National com
mitteeman from Illinois, today con
tributed an answer to the question "What
is a Democrat?" This question is going
the rounds among Democrats of National
prominence and is arousing great inter
est. William Jennings Bryan ventured an
answer, recently, and It was after reading
Mr. Bryan's lengthy definition that Mr.
Sullivan consented to give his opinion.
Importance is given to Mr. Sullivan's
views locally by the predominance of his
Influence ' in the reorganization of the
Cook County Democracy and by his com
manding position in the state. Mr. Sul
livan's definition, which may be taken as
the creed of the Sullivan following in
Cook County and Illinois and a decided
blow at Hearstism and Bryanlsm, fol
lows: .
Equal Rights to All.
"A Democrat in this country is a man
who believes in a constitutional Govern
ment, administered impartially under the
theory of equal rights for all and spe
cial privileges to none.
"Under the Federal constitution this
political faith guarantees the rights of
the soverign states, which is in substance
the principle of home rule. It means
that the individual shall have every
liberty and opportunity in the pursuit of
happiness that can be given him with
out injuring others and that this prin
ciple amplified shall apply to the town,
city, county and state.
"A Democrat asks concerning measures
only one question Are they right? He
sets aside as secondary the considera
tion of how many votes these measures
will bring the candidates of the party.
Democracy stands for honesty as against
expediency and for loyalty to principle
as against chasing the fads and fancies
of the hour.
Opposes Creating Class Hatred.
"Concerning a leader, the Democracy
asks. What has he done? It believes men
are best known by their deeds as dis
tinguished from their professions. A
Democrat opposes the creation of class
hatred: He realizes that there are under
the law no rich men and no poor men.
The Democratic party is composed of
American citizens of equal rights and
authority in the party councils. Appeals
to the distinction of race or wealth are
to be expected from political organiza
tions out of harmony with the American
constitution. They have no place in the
Democratic party.
"Democrats believe in the enlargement
of Individual opportunity.- Socialists be
lieve in the elimination of an Individual
opportunity. This carries the contrast
between the two parties."
REMOVES BAR TO STATEHOOD
Oklahoma Supreme Court Allows
Call for Election.
GUTHRIE. Okla.. June 25. By a vote
of 4 to 3, the Supreme Court this af
ternoon dissolved the Pancoast Injunc
tion. The finding of the court is a com-
Judge 3. C. Hebbard, of San Fran
cisco, Who Attempted Suicide
Yesterday.
SAN FRANCISCO, June 15. Over
come with grief and humiliation at
the 'action of the Bar Association in
recommending that he be Inpeached
for gross intemperance if he did not
Immediately resign, Superior Judge
J. C. B. Hebbard tried to take his
own life today In his chambers at
the Temple Israel. After he bad
pressed the barrel of a revolver
against his temple, his life as
saved by a reporter, who took away
the weapon.
plete victory for the convention, which
was prevented by the Injunction issued
by District Judge Pancoast from sub
mitting the constitution for the pro
posed State of Oklahoma to the voters
on August 6.
DURANT, I. T., June 25. W. H. Mur
ray, president of the Constitution Con
vention, today issued notice to its
memberj that the convention will re
convene in Guthrie on Wednesday,
July 10, for the purpose of making
proper changes in the election ordi
nance and making such other regula
tions as will subserve and promote the
Interests of statehood.
He also appointed a special commlt
mittee on legislative apportionment'to
meet in Guthrie on July 5, to hear tes
timony as to the fairness of the ap
portionment and to correct errors, if
any are found.
Prays to Die for Brother.
MONTGOMERY, Ala., June 25. John
Beeman, a negro preacher, applied to
be allowed to die upon the gallows for
his brother, David, the date of execu
tion being July 26. The preacher says
he will go to heaven, and his brother,
being a bad man, might not. His sac
rifice would have a tendency to con
vert his brother, and both would thus
get to heaven. The offer of the negro
has caused a wave of sympathy for
both, and a petition la being circulated
asking the Governor to commute ths
sentence.
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum, 90 degrees;
minimum. 62.
TODAY'S Fair; northwest winds.
Domrsl Ic
Striking operators say telegraph companies
are hopelessly swamped. Page 4.
Fierce debate in Miners' Federation con
vention. Page 3.
Da Raylan's own story tells of wonderful
double life. Page 1.
Apparently dead woman revives on . arrival
of son. Page 2.
Elizabeth Loving and her father testify
about Estes' crime. Page 3.
Pacific Coast.
Haywood's witnesses contradict Orchard's
story. Page 1.
San Francisco's indicted millionaires raise
point which may annul all indictments.
Page 1.
General Funston openly defies San Fran
cisco mob. Page 3.
Monroe merchant and sons warned they are
marked for death by the "Orchard" way.
Page 6.
Old veterans in session at Newburg. Page 6.
Foreign.
Great ovation to Mark Twain In London.
Page 2.
Salvador and Guatemala to fight Nicaragua.
Page .
Powers submit proposition at Hagua con
ference. Page 8.
Politics.
Roger Sullivan gives definition of Democ
racy. Page 1.
Oklahoma Supreme Court removes bar to
statehood. Page L
President Yoakum of Rock Island supports
Roosevelt's railroad policy. Page .
Portland and Vicinity.
Oregon Fruitgrowers allege that there Is
a combine among buyers. Page 11.
French dandies are compelled to leave city.
Page 14.
Mysterious second woman appears in Gor
don case. Page 10.
Thermometer reaches 00 degrees in Port
land first time this year. Page 11.
City' Council Committee will consider con
dition of Bnrnelde bridge at next Fri
day's meeting. Page 14.
Marriage licenses for June may break all
previous records. Page 10.
Retirement of Principal Conover, of Chap
man School, arouses controversy. Page
1L
Commercial and Marine.
Hop crop prospects generally favorable.
Page 15.
RsJn delays wheat harvest In Southwest.
Pag 16.
Stock market takes upward, two, Paca 10.
Iwpiipiiii
LIFE STORY IS
TOLD AT LAST
Diary and Letters of
De Raylan found.
MYSTERY PARTIALLY CLEARED
Masquerades for Purpose of
Blackmailing Mother.
TRIES TO FIND FATHER
Amazing Story of Deception Told, In
Which Girl Deceived Churchman
and Russian Representatives,
After Coming to America.
CHICAGO, June 25. (Special.) The mys
teries In the life of Nicolai De Raylan,
who masqueraded 12 years as a man ami
married two women, and was found to be
a woman only after her death in Phoe
nix, Ariz., last December, have at last
been cleared. A diary and a bundle of
correspondence, over which the investi
gators in the office of James Reddick,
public administrator have been industri
ously working, were made public today,
revealing an -amazing story.
De Raylan, it appears, was started on'
her career of deception in an attempt to
blackmail her mother, at whom she was
Incensed because the paternity of the girl
was kept , a secret- When information
as to the name of her father was with
held. De Raylan adopted mals attire and
tried to prove that she had been masquer
aded as a girl by her mother in violation
of the laws of Russia, which provide
heavy punishment for such an offense.
Deceives Chairman.
A feature of the story is the fact that
De Raylan Interested the late M.. Con
stantlni Petrovltoh Pobiedonostseff, pro
curator of the Holy Synod, In her case,
and after convincing that statesman and
churchman that she was a man, pre
vailed on hlrn to Btart suit against her
mother.
The diary, which covers the period be
tween 18S8 and 1892, shows that the real
family name of De Raylan was Talet
sky. The first entries depict her as a
schoolgirl 15 years old, about to graduate
from a seminary at Kiev, Russia. At this
time the girl's mother suddenly acquired
more wealth to the amount of 250,000
rubles (about $125,000), and Nicolai, the
only name by which De Raylan is known
to have been called, discovered that the
money had been settled on her parent as
trustee by a' member of the nobility, to
be conserved In the interests of Nicolai.
The girl became curious as to the
reason for the settlement and suspect
ed that the unknown nobleman is
her father, but failed to drag Informa
tion on the point from her mother.
Then came the inspiration that result
ed in IS years of pseudo-masculinity
for De Raylan.
In Russia the law makes it a crime
punishable by Imprisonment for any
persons to gain entrance for a boy into a
girls' school and also, under the military
statutes, makes it a serious crime for
a mother to hide the sex of a male
child. Young De Raylan. according to
the journal, schemed to blackmail her
own mother by aid of these laws. Two
years were spent In preparing for the
assumption of the male disguise, and in
189f the girl wrote to the late M.
Pobiedonostseff, procurator of the
Holy Synod, telling in detail the al
leged facts In the case. The church
man at once called Nicolai to his pal
ace and, after the girl had convinced
him that she was a man, insisted on
starting criminal proceedings - against
the mother.
Mother Proves Girl's Sex.
Nicolai, fearing detection, fled to
Helslngfors, Finland. The mother pro
duced the doctor who had assisted at
the birth of her daughter and the
priest who had christened her, both
of whom swore that they knew posi
tively that Nicolai was a girl. From
Helslngfors Nocolal soon fled to Ant
werp, Belgium, changing her name to
riicolai Konstantinevltcii. At Ant
werp a banker, M. Glttens, sent her to
the United States. In Chicago Nicolai
was presented to Charles Henrotin,
Belgian Consul, who introduced her to
the Russian Consul, and, after taking
out naturalization papers, Nicolai
eventually became secretary to Baron
von Schllppenbach, Russian Consul.
FAKED NAMES AND FIGHTS
Oakland Man Loses $1000 on
"Fixed" Boxing Match.
SAN FRANCISCO, June 25. Bert
Campbell, alias George Williams, alias
Watson, alias Collins, arrested on Mon
day for having swindled Roy Sellers,
of Spokane, out of $500 on a fake foot
race, was released on $500 bail today,
but soon afterward was re-arrested for
having swindled Marshall J. Howard,
of Oakland, out of $1000 In a faka
prizefight In Golden Gate Park os
June 11.
Many Army Officers Arrested.
LONDON, June 25. A dispatch to
News agency from Odessa, says it is au
thoritatively reported that 60 officers ol
the southern military district, several ol,
them connected with the Odessa garrison,'
have been arrested.