Morning Oregonian. (Portland, Or.) 1861-1937, June 27, 1907, Image 1

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    1907.
FIVE CENTS.
VOL. XIVI. NO 14,584.
PORTLAND, OREGON, THURSDAY, JUNE
BORAH
HAYWOOD TRIAL
Admissions by Hostile
Witnesses.'
ORCHARD AND HAYWOOD CHUMS
Accused Paid Visits to Con
fessed Assassin.
DAVIS MADE TO SQUIRM
Man Orchard Accuses of Leading this
Wardwr Mob Slakes Bad Impres
sion O'Neill Is Proud of
His Savage Editorials.
BOISE. Idaho, June 26. "(Special.)
Thin was a field day for the state In
the Haywood case.- Four witnesses
were put on the stand for' the defense.
Of these, two were utterly discredited
and from the other two the state got
far more than the defense itself. Mr.
H'awley and Senator Borah went after
the witnesses hammer and tongs and
opened many Interesting passages In
which they stumbled miserably. As
the net result of the day's work, the
state's case was strengthened, and it
is declared by all of the friends of
the prosecution to have been one of
the very .best days of the trial from
the state's standpoint.
Mrs. Lottie Day, of Denver, who first
took the stand, had made a statement
to the state before the case started
and was willing to appear for the
prosecution, but the state's attorneys
found she was not a reliable person,
and after considering the matter soma
time they declined to call her and she
went over to the defenne.
Shows Intimacy of Accused.
Though this woman testified that
Orchard told her he had a grudge
against Steunenberg, she gave testi
mony on cross-examination of the
highest value, further establishing the
intimacy between Haywood and Orch
ard. She was on terms of intimate
.friendship with Pettibone, a point in
itself of pome Interest. She also knew
Orchard well under the name of Demp
sey. 'While she and Dempsey were
sitting in the parlor of the Belmont
House, Haywood came in and was in
troduced to her by Dempsey. Haywood
was looking for Dempsey and said "no
wished to have a talk with Dempsey.
They went to -Dempsey's room and
remained for a long time. The im
portance of such testimony coming
from a witness for the defense can
not bo overestimated. It shows that
Haywood was not only on close terms
with Orchard, but that he sought
Orchard out at his hotel and held a
Jong conference with him In his room.
This conference between Haywood and
Orchard was on the Thursday after the
meeting of the Federation that year.
The date of that meeting was May 25.
It Is Interesting In connection with Mrs.
Day's statement to recall the fact that
the exposlon at the Independence station
was on June 6. !
Tilt About Witnesses.
A most Interesting tilt arose Just be
fore Mrs. Day wag excused. Mr. Hawley
brought out the fact that the state has a
written statement made by Mrs. Day to
V, A. Stone of counsel for the state. He
wished to have the witness held until
Mr. Stone could be In court. Thereupon
Mr. Richardson announced in a lordly
manner that the witnesses for the defense
would go home when the defense was
through with them. Mr. Hawley sug
gested the court had something to say
about that, and Judge Wood himself
stated the witnesses were under the
Jurisdiction of the court. Mr. Richard
son sullenly repeated that the witnesses
would go home when the defense was
through with them, but the Judge stated
there was a way to settle the matter.
Later on he announced that all witnesses
whom the state wished to retain after
being dismissed by the defense would
stay and that the state would pay their
per diem. That will hold Mrs. Day and
probably some others. It Is understood
that Dr. McGee will be called back also.
Witness Gets Confused.
John D. Elliott; who followed Mrs. Day
on the stand,, - proved a weak old fellow,
who has been twice In the Insane asylum.
He had a story to tell about having
talked with Orchard on the train in the
Kail before the murder, but he was badly
mixed about many matters. One fea-
ture of his testimony was that the train
on which he rode was a day train pass
ing Welser In the afternoon, he having
come down on the P. & I. X. road. The
afternoon train does not make connection
with the train on the P. & I. N. road.
Again, he testified positively that Or
chard wore a moustache at that time.
This was in face of the fact that the de
fense has pictures of Orchard showing
how he appeared at that time, these be
ing shown all witnesses for the purpose
of identification.
Proud, Fireatlng Editor.
"When John M. O'Neill, editor of the
Miners' Magazine, took the stand, the
state scored finely. Though he testified
that he heard Orchard say he would get
Steunenberg, he admitted that he had
often seen both Orchard and Adams
about Federation headquarters. The most
Important part of his testimony, bow-
ever, was in connection with the arti
cles from the magaaine. He testified
positively on cross-examination that the
articles written by him were approved
by Moyer and Haywood and that the
sentiments expressed were their senti
ments. He spoke with a manifest feeling
of pride when he referred to his work
and to 'having written the articles read
to him by Mr. Borah.
These were the articles published after
the death of Steunenberg, which Judge
Wood excluded when the state offered
the entire batch In evidence. They are
now In the record, having been read by
Mr. Borah as part of his question as to
the authorship. The articles in question
spoke in the most Inflammatory manner
of Steunenberg, showing that the death
of the ex-Governor gave great Joy to
those controlling the policy of the roaga
slne. Mr. O'Neill proudly said he had
selected and printed an article which read
as follows:
"A chap by the name of Steunenberg
was blown up the other day at Caldwell.
He came Into fame as the inventor of
that revered institution known a the
................ .....
r f ' " I
1 iswii iiiiiiwmiMfa iAvmi r ; '
I W. B.' Kanterly, Whs Declined T
! .Orchard's Invttatloa to Help I
W. B.' Kanterly, Who Ueelined
.Orchard's Invttatloa to Help
Him la Blowing I p Steunen- t
bullpen. It seems a bomb was carelessly
left at his gate, presumably by some
Russian revolutionist. Such carelessness
should be frowned down. The gate waa
completely wrecked."
Davis Squirms Under Fire.
W. F. Davis, known as "Big Bill
Davis," was on the stand all the after
noon. The feature of his testimony was
the grilling that Mr. Boarh gave him on
cross-examination. He waa one of the
men so badly wanted by the state after
the destruction of the Bunker Hill &
Sullivan mill and the murder of two men
in 1S99. Ha was also one of the gang of
leaders of the lawless element who at
once went over the trail to Montana
when they heard the troops were coming.
While Mr. Borah shot questions at him
about hi connection with that affair and
his subsequent actions and observation,
'Big Bill" squirmed about in the witness
chair like a man in torment. He could
not escape In any direction. Mr. . Borah
was always on hand with a new question
to confound him. and he waa utterly dis
credited by the manner In which he stuck
to ills story that he knew nothing about
the explosion, about the train or about
anything connected with the doings of
that day of lawlessness. His cross-ex
aminatlon was not completed -when court
adjourned and in the morning he will be
given another ''roast."
DENIES HE LED WARDXER MOB
Davis Contradicts Orchard's Story.
O'Neill's Incendiary Articles.
BOISE. Idaho. June 26. William F.
Davis, of Goldfield, Nev., one of the
most Important witnesses for the de
fense of William D. Haywood, accused
of the murder of Frankt Steunenberg,
was called to the stand at noon today
and - his cross-examination had not
been completed when court adjourned
this evening. Harry Orchard testified
that Davis led and commanded the mob
that destroyed the Bunker Hill & Sulll
van mill In 1899; Inspired, as the agent
of Haywood and Moyer. the Vindlca
tor explosion and the train-wrecking
plot at Cripple Creek, and was an ac
complice in the Independence station
crime.
On direct examination by Clarence
Darrow, he went over the story of his
working life. Including the pathetic
"story of the death of his wife and babe
at Cripple Creek, at which he wept,
and made positive denial of every
statement of Orchard that Involved
him or his associates in any form of
crime. He denied that he was even a
member of the union when the Bunker
Hill & Sullivan mill was blown up and
at the conclusion of his general story
said that at Cripple Creek during the
strike Orchard told him of the Hercules
mine affair and threatened to kill
Steunenberg.
Denies He Was at Wardner.
The cross-examination of Davis by
Senator Borah was severe and search
ing and was chiefly devoted, as far as
it proceded. to the Bunker Hill & Sulli
van affair and the circumstances under
which Orchard made the threat against
Steunenberg. Davis asserted that he
remained at Gem the day the Bunker
Hill mill was blown up and. while he
said he saw the train In charge of the
masked mob arrive at and depart from
Gem. ne could not name any one on
the train except the engineer. Hutton.
He said there was no excitement and
he made no inquiry about the mob.
He said that he remained In hiding
after the mill was blown because he
did not want to re deported or thrown
into tne "bullpen", and that he changed
his name when he departed for Butte
shortly after, because he feared the
mineownere' blacklist, made up from
a petition that the employes of the
Bunker Hill mine had sent to Governor
McConnell protesting against the un
safety of the mine. Mr. Borah showed
that the petition had been presented
six years before and that Butte was
a federation camp, where the blacklist
was ineffective. Passing to the threat
iCoactaded oa Pace 5.).
T
Roosevelt Is Admired
Everywhere.
COL. HARVEY RETURNS HOME
Finds Sentiment Abroad Fa
vors Re-election. .
APPLAUD PRESIDENT'S ACT
Commercialism In Eur6pe So Iionger
Fears American Invasion of Trade '
Conditions or Domination
of the Markets.
NEW YORK, June 28. (Special.)
Colonel George Harvey, editor of Har
per's Weekly, returned to New Tork to
day after five weeks spent in England
and France. Colonel Harvey said':
"One cannot remain abroad a fortnight
without being forced to realize that Presl
dent Roosevelt is far and away the most
popular man in the world. King Edward
and the Kaiser are much loved and ad
mired by their own people, but the Pres
ident's popularity is literally universal.
pervading all classes.
Greatest American President.
"Royalty, 'led by. the Kaiser himself,
who pronounced Mr. Roosevelt the great
est of American Presidents, without ex
ception, is particularly desirous of his re
election as tending to indicate that, so
far from being doomed, autocracy may
still hold popular favor if the personality
of the ruler be sufficiently vivid and his
acts shrewdly beneficent. It Is a pecu
liarly pleasing sign at this time, when a
wave of democracy seems to be sweeping
over Europe, to appear in the land whose
dedication to personal liberty has caused
so much anxiety In royal, breasts .for
more than a century.
"No less ' ardent In support of Mr.
Roosevelt Is the commercialism of Eng
land. France and Germany. The panic
of five years ago among the business men
of all three nations over American trade
expansion was very ideal. Our concentra
tion of effort and . superior methods
seemed likely to dominate all markets
within ten years, and New York was re
garded as the certain and almost Immedi
ate successor of London as the financial
center of the world.
Applaud Roosevelt Crusade.
"But there is no longer any fear, or
even talk, of the once dreaded American
invasion. Impairment of credit has throt
tied American enterprise so effectually as
to give our competitors probably a score
of years in which to recover ground that
seemeL to have been lost fo No
where, not even in our own haunts of
populism, was the President's ' crusade
against great American corporations so
heartily welcomed .as in England and Ger
many.
"The staggering blow administered by
the President to American railway securi
ties is b.eid with complacency amounting
almost to glee."
Oklahoma Republicans Jb Meet.
OKLAHOMA CITY, Okla., June 26.
SOS) CfitW
rE(sMR
POlKETi
I6ook
MOS
POPULAR
MAN
WORD
ut&4 tsmm. j&irz.
HOW" ICE WU. 5 i
I . 7 aw, Aa. ' f I 'sS I - - TiMI-- atf
J. L. Harmon, chairman, of the Repub
lican State Committee. Issued . call
today for a State Convention to be held
in Tulsa, "July 12, for the nomination
of a state ticket. According to a state
ment made to-day, speeches will be
made by Secretary Taft, Congressman
Landla and Speaker Cannon.
USED MAILS TO DEFRAUD
Mine Promoters Make False Claims
to Property.
DENVER. Colo., June 26. Charged
with using the mails to defraud, A. D.
Goodale, J. F. Manning, John J. Hoban,
J. D. Williamson, C. D. Campbell and
Everett Bell, officers and directors of
the Gold Leaf Consolidated Mines Com
pany, it was authoritatively announced
today, were indicted by the Federal
grand jury. Those who are in this city
appeared in court today and furnished
bail for their appearance for trial. The
Gold Leaf Consolidated Mines Com
pany was the holding company for the
W. V. Davis, Who Denied Orch
ard's Charge That He Led
Mob Which Blew Vp Banker
Hill and Snlllvan Mill.
Gold Leaf Mining, Milling & Drainage
Company, the Grass Roots Gold Devel
opment & Mining Company and the
Gold Leaf Ore Reduction Company,
stock In which, it is charged, was sold
on false claims to the ownership of
valuable mines in the Clear Creek
(Colorado) district.
The Department of Justice at Wash
ington has sent Harry J. Bone, United
States District-Attorney for Kansas,
to Denver to conduct the prosecution of
the mining promoters who have bee-i
indicted on charges of fraud. The first
case to be brought to trial will be that
of the Lost Bullion Spanish Mines Com
pany,, whoee promoters are charged
with having' sold much stock in the
East by means of false statements con
cerning a property near Sliver City,
N. M. ' 1
SLIPPED MONEY-IN POCKET
Insurance Man. Says He Bribed Min
nesota Official.
MINNEAPOLIS. June 26. That he
slipped an envelope containing 1200 Into
the pocket of Elmer H. Dearth in 1904,
when the latter was insurance commis
sioner of Minnesota, was the statement
made on the stand by William S. Bechtol.
former president of the Northwestern
National Life Insurance Company. Dearth
is on trial charged with attempting to
bribe. Bechtol was recently convicted of
grand larceny in connection with the
affairs of the Northwestern National Life
Insurance Company.
Overseers of Harvard Elected.
CAMBRIDGE, Mass., June 26. The an
nual election of Harvard overseers today
resulted in the choice of Bishop N. Law
rence, '71, Cambridge: Robert F. Pea
body, "66, Boston; William A. Gaston, '80,
Boston; George D. Markham. '81, St.
Louis: William Bndicott, Jr.,, '87, Boston.
A gift of over J100.000 to Harvard Uni
versity from the class of 1882, which is
celebrating its , 25th reunion this June,
was announced today by President Eliot.
1
! - .
--- (' I :
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SOME THOUGHTS HATCHED BY THE HEAT
sr- W : .
VlOVlLD thv
E TOO
DEMANDS FACTS
FROM
STANDARD
Judge Landis Calls
Trust to Time.
SWEEPS ASIDE OBJECTIONS
Wants to Know All About Oil
Dividends.
CALLS MORE WITNESSES
Rockefeller. Rogers . and Archbold
Must Explain Railroad Officials
Who Gave . Rebates . Grilled.
Fines Sot to Be Xominal.
CHICAGO, June 26. (Special.) High
officials of the Standard Oil Company
were ordered today to appear before
Judge Landis, of the United States Dis
trict Court, In Chicago, July 6. Under
the court order, John D. Rockefeller, H.
H. Rogers, John D. Archbold and other
heads of the gigantic corporation may
be summoned. Among those for whom
subpenas were ordered to be issued
are the president, secretary and treas
urer of the Standard Oil Company, the
officers of the Union Tank Line and
the officers and directors of holding
companies.
The refusal of the' oil trust to answer
the questions of Judge Landis relating
to Its financial resources and the divi
dends paid to its stockholders aroused
the anger of the court. The clash be
tween the Judge and John S. Miller,
chlefj counsel of the trust, came to a
climax, and Judge Landis met the de
fiance of the corporation with the an
nouncement . that he would use the
power of the law to secure the infor
mation which the Standard OH offi
cials were attempting to keep out of
the court records.
: Will Not Spare Trusts.
The unexpected action of the court,
which caused a sensation in the legal
fight of the Government against the
oil company, followed another crushing
defeat for the trust, with prospects of
more serious a trouble ahead. Judge
Landis, of the United States District
Court, denied a new trial to the oil
trust and overruled 14 motions made
by Its chief counsel, John S. Miller. In
quick succession every technical point
raised by Mr. Miller in the big case
was decided against the corporation in
blows that staggered, the defense.
Every effort to minimize the $29,260,-
000 One, which Judge Landis has the
power to Impose, to a fine of $20,000
failed and was turned Into victory for
the Government.
Judge Landis not only ruled against
the oil trust on every point, but sub
jected officials and employes of the
Chicago & Alton Railroad to a severe
grilling on tho witness stand to learn
the secret of. the special rate given to
the corporation for oil shipments. Mr.
Miller objected to the court hearing,
declaring that it was improper and had
no relation to the trial, but again he
was overruled by the court.
When Judge Landis learned that the
6-cent rate given to the Standard Oil
KlUD f VuHVHrifct
"Axava ti Myi
T
Company for shipments from Chapelle
to East St. Louis had not been made
known to the railroad freight agents
generally, while a 10-cent rate was in
force, the court ordered that a subpena
be Issued for F. L. Wann, former gen
eral freight agent of the road, who Is
now In California.
'Have him here by July 6," Judge
Landis directed.
Admission was made by F. S. Hol
lands, chief rate clerk of the railroad,
that railroads had frequently quoted
special rates to -shippers and this
opened a new line of investigation, to
which Mr. Miller objected. The attor
ney declared that "it was not a grand
Jury investigation" and showed his dis
pleasure at the broad scope of the in
quiry. ,
Impose Fine on Each Count.
After the motion for a new trial and
a motion for an arrest of Judgment
had been denied, Mr. Miller sought to
limit the impending fine to a maximum
of $20,000 by a technical escape from
Max Mallach, One of Chief K
aesses for Defense la Hay
wood Trial. .
he 1462 counts. Judge Landis lndl
cated that he must Impose the fine on
ach of the 1462 counts.
SUMMONS ON COAL TRUST
Three Companies Ordered to Explain
Relation With Railroad.
SCRANTON, . Pa., June 26. Sum
monses charging violations of the In
terstate Commerce laws and the Sher
man act were served on three of the
big coal companies of this region to
day. It is the first move taken by the
Government against the coal-carrying
roads to compel them to explain their
relations with the Philadelphia ft
Rending Company.
The Delaware, Lackawanna & West
ern Company, the Erie Company and
the Lehigh & Wllkesbarre Coal Com'
pany are the three on which papers
were served. The specific charge
against them is that they, are parties
to an alleged combine, formed for the
purpose of restraining trade and fix
ing an arbitrary price upon a com
modity. The subpenas demand that
they be represented at the United
States Circuit Court in Philadelphia.
August 1.
CONTENTS TODAY'S PAPER
The Weather,
TESTER DAT S Maxirnum temperature, W
degrees ; minimum, 65.
TODAY'S Fair and cooler; northwest
winds.
Foreign.
Mark Twain given oration at Oxford and
granted degree. Page S.
American proposition presented at Hague
conference. Page 1.
Russian terrorists cause slaughter and cap
ture treasure by bomb throwing. Page 4.
Great rebellion threatens China. Page 3.
National.
Government sustained by Judge Landis.
who summons heads of Standard Oil
Company to testify. Page 1.
Secretary Straus to make extended Inquiry
into Immigration. Page 2.
- Politics.
Colonel George . Harvey says Roosevelt !s
most popular man in the world. Page 1.
L. TOomcetlo. .
Tornado In Indian Territory kllla three
men and .does great, damage , in oil
fields. Page 5.
Hot debate In' Miners Federation conven
tion. Page 6. .
Governor Vardaman on point of conversion
at revival. Page 2.
Harrlman lends money to Alton road to
avoid criticism. Page 8.
Prosecution in Lorln g case wi 11 dispute
Miss Loving's story. Page 0.
Sport.
Cornell win university boat race In close
finish. Page 7.
Pacific Coast.
Witnesses for Haywood's defense make
damaging admissions on cross-examination.
Page 1.
Ean Francisco bribers trying to kill In
dictments. Page 2.
Oregon Development League In session at
Cottage Grove. Page A.
Grand Army elects officers at state encamp
ment. Page 6.
University of Oregon . graduates honor
class. Page 6.
Commercial and Marine.
Coast fruit pack will sel. high. - Page 15-
Chicago wheat market advances on weather
news. Page 15-
Strength of stock market not maintained.
Page 15.
Schubach & Hamilton will operate the
steamer Redonflo between Portland and
Puget Sound. Page 14.
Portland and Vicinity.
White slave girl released from bondage In
Chinatown. Page io.
Harrlman system promises enough cars to
nanaie tramc this year. Page 9.
Barney Oldfleld and Bruno Slebel will re
main here for Fourth of July auto races.
Page 11.
8. 8. McClura discusses question of the
lime. rags iu.
Inventor's suit for 62,020 damages on trial.
Page 14.
Ousted city detectives gain more time.
Page 10.
Bwlft Interests begin work on Peninsula
packing plant. Page 14.
Mrs. Royal sends hot letter to Methodist
women s missionary society, fag a.
SMUSWSUSMMBSUHaWllSMUWN
AMERICA LEADS
AT' CONFERENCE
Offers Plan to Limit
Bombardments.
HOSPITAL SHIPS MADE SAFE
Exempt From Capture, but
Subject to Search.
MUST ASSIST BOTH SIDES
General Porter's Proposition to Pro.
tect T"n fortified Towns France
and Germany Roth Propose
Schemes of Arbitration.
THE HAGUE, June 26. The text of
the American proposition presented to
the peace conference June 24 by General
Horace Porter follows:
'The bombardment by a naval force of
unfortified and undefended towns, vil
lages or buildings is forbidden, although
such towns. Tillages or buildings are lia
ble to damages incidental to the destruc
tion of military or naval establishments,
public depots of munitions of war or
vessels of war in port, and such towns.
Tillages or buildings are liable to bom
bardment when reasonable requisitions
for provisions and supplies at the time
essential to the naval force are withheld,
in which case due notice of the bombard
ment must be given.
"The bombardment of unfortified and
undefended towns and places for the
nonpayment of ransom is forbidden."
Hospital Ships Exempt.
The German proposition for adapting
the Red Cross convention to naval war
fare, whfch was presented June 24, says
that hospital ships cannot be captured,
not being considered as warships. Pri
vate hospital ships will enjoy the sama
treatment If authorized by their own gov
ernment and on condition that they are
certified to the other belligerent. They
must assist the wounded without distinc
tion of nationality, and must never be
employed for military purposes or Inter
fere with military operations. They are
subject to search and can be ordered by
either belligerent to take certain posi
tions. All hospital ships must hoist the
Red Cross flag.
The protection granted hospital ships
ceases if they are employed against the
enemy, but the crews of such ships may
employ arms in their own defense and
in defense- of the patients. Such ships
can also carry small artillery.
Arbitration and Mediation.
The German proposition of June 22 adds
three new articles to , the convention of
1899. It establishes that, if any two sig
natory powers are agreed to have a spe
cial treaty of arbitration they can hava
recourse to a permanent court at The
Hague of Ave members, each party to
the agreement choosing one and the re
maining three being chosen by three dis
interested powers.
France presented two propositions for
the peaceful regulation of International
conflicts. The first says that in inter
national disputes, not involving their
honor or essential interests, the signato
ry powers may decide to appoint an in
ternational commission of inquiry accord
ing to a convention agreed on by the
conflicting parties. The second deals
with the formation of this commission.
Three Powers United.
The abstract of the documents cabled
to the Associated Press last night and
tonight constitutes the whole material
distributed among- the members. Discus
sion of them will begin Thursday.
The British proposition regarding the
laying of floating mined made to the first
committee of the peace conference will
be supported by the United States 1 and
Japan.
William T. Stead's paper, the Confer
ence Courier, says the text of proposi
tions 'is mysteriously cabled to America,
while they should be kept secret until
the discussion is over,"
Andrew Carnegie, having approved the
site and plans for the Palace of Peace
building, left this afternoon for Scotland.
CT."BAV DELEGATE RESIGXS
Tields to the Persistent Demands,
Though Magoon Objects.
THE HAGUE; June 26. Colonel Orestes
Ferrara, secretary of the Cuban delegar
tion to the peace conference, today con
firmed the report that he has tendered
his resignation to Governor Magoon. The
latter replied that he has only acceded
to this request at the Colonel's Insistent
demand.
Colonel Ferrara said that the only solu
tion which he -could see out of the diffi
culties which had arisen owing to the at
tacks upon him was withdrawal from
the delegation.
DYNAMITE KILLS EIGHT
Premature Explosion on Virginia
Railroad Work..
HOUSTON, Va., Juno 2.-The pre
mature explosion of a box of dynamite
near Tola, Charlotte County, yesterday
killed eight persons and injured six
others. Two Americans were killed, lid
ward Clarke, of Charlotte county, a fire
man, and Cornelius Sullivan, of Lamont,
111., foreman for the McDermott Constuc
tion Company, of Chicago, which has the
contract for the construction of a part
of the tidewater railway. The other vic
tims were Italians. .