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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 29, 1907)
VOL. XLVI.-XO 14,526. PORTLAND, OREGON, SATURDAY, JUNE 29, 1907. PRICE FIVE CENTS. EASTERLY FALLS IN WELL Li TRAP Contradicts Himself on Vital Point. DAMAGE DONE HAYWOOD CASE Knew Orchard Had Designs on Steunenberg." .GAVE NO WARNING OF CRIME Another Important Witness for De fense Caught In Falsehood Cop ley Confirms Orchard's Story About . Bradley Explosion. BOISE, Idaho. June 28. (Special.) In the Haywood case the testimony to day was devoted very largely to the theory of a mineowners' conspiracy, es pecial attention beinij given to the story of the dogs which took the trail after the Independence explosion, though the witnesses on the stand knew nothing more than 'that they saw dog brought In and put on the trail. Other witnesses testified to hearing Orchard make threats against Steunen berg. Another, Thomas Wood, brought for ward what may prove to be the foun dation for a new theory about the Vindicator explosion. He testified he was working on the eighth level of the mine and left a half box of powder standing near the shaft McCormick and Beck passed htm In the level, and shortly afterward went up to the sixth, where work was soon to be started. Beck had a pistol In his pocket. When the explosion occurred, he went back and found the powder missing. When lie searched the sixth, where the ex plosion occurred, he found the broken parts of a pistol. The witness lnden tlfled the parte previously marked by the state for Identification. The suggested theory Is that the two men took the powder up with them: that the pistol dropped from Beck's pocket, that It. was fired off and exploded the powder. While that -theory Is attenuated, there seems no other object In Introducing this tes timony. Mr. Wood was a non-union man. Easterly's Veracity Wrecked. The day was a good one for the State, while It Is difficult to see if the defense made really anything out of It. Again a star witness of the defense was literally skinned, his hide being hung on the fence so beautifully that even his friends had to admire the Job. This was Bill Easterly, the man who had taken the stand the night before and who com pleted his testimony at the opening. When Senator Borah got hold of him, he put Easterly through an experience In a few minutes that caused him to squirm and his face to blanch. He stuck to his story of having heard Orchard threaten the dead Governor, but he went far over the line, leaving himself open to attack In a manner that was made to serve the purpose of the State In showing his unreliability. In response to Mr. Borah's questions, he admitted that he knew Orchard was in Caldwell under an assumed name, and he knew Slmpklns had visited Orchard there. He was certain about the threat made by Orchard, and was satisfied he meant It. When Mr. Borah asked him If he had warned any of the officers that there was danger of a crime being committed, he declared he had not. Afterwards, when pressed on the same point, he proudly stated ho was not an informer. Contradicts Himself Flatly. In answer to Mr. Borah's questions, Easterly said he told John Nugent about Orchard's threat about February 30. It was after Orchard's confession, he said. Mr. Borah clinched the thing hard by drawing from the witness the declaration that he had told of the threat because of the charge lodged against the Federation officers by Orchard. He seemed especially proud of having- done Orchard that good turn and he wished it known that he had thus exposod him after he had made his charges against the officials of the organisation. In his demeanor and in his language he was emphatic. Borah obliged htm practically to admit that he would not have informed against Orchard under other circumstances, making it perfectly plain that he had told Nugent because of the charges made by Orchard in his confession. When Mr. Borah had finished with the witness, Mr. Darrow took him on redirect examination, starting with a leading question which put the witness on guard. He asked Easterly if he had not told Nugent Immediately after hearing of the murder, which was committed on December 30. Easterly caught the idea at once and testified as glibly that he had made the state ment to Mr. Nugeut some time before January 10, five weeks before Orchard confessed.' To make his case worse. Easterly thought he had not testified he had told Mr. Nugent after the con fession of Orchard. Finds Himself In U He saw the net in which he was caught and his face turned pale as he waited for one question after another that fixed psn a a member of the Ananias Club of the trial. It was most astounding. This man, who professed to remember things that had been said years before and to tell of many occurrences from the past with the confidence of accuracy, actually pleaded he did not know he had testified five minutes before entirely dif ferently from the manner in which he wished to testify after Mr. Xarrow had given him the pointer. When it is recalled that Easterly is one of the star witnesses, one of those whom Orchard connected with so much deviltry in Colorado and who came here to con found him, the importance of this rout ing of him on the stand will be apparent. He and "Big Bill" Davis were men tioned in Orchard's narrative as fre quently as any others, excepting the prin cipals in the case. Both boldly came here to prove that he testified falsely and the smashing of both of them is of the greatest value to the case of the state. Motive for Killing Gregory. . There was another important witness important for the admissions be made. This was W. D. Copley, a former member of the executive board of the Federation. tpevr Premier Clemeneeau, of France, Whose Policy Is Sustained After Pierce Attack by Socialist. This man. though a very enthusiastic union supporter, was never in the mur der secrets of the Inner circle and, be cause of the fact that the circle could not trust him, he was dropped in 1S94. Mr. Copley told a good story of the Colo rado troubles, hut made some admissions of very great value. Under cross-examination, when asked about his arrest on a charge of blowing up a transformer house at Idaho t Springs, he had occasion to speak of Lyte Gregory and stated that the latter was a detective In the employ of the mineowners there. Richardson in terjected a suggestion that he was a wit ness merely, but Mr. Copley did not modify his statement. This bears out the story told by Orchard. When Gregory went to Den ver, Pettlbone told Orchard about him, saying he had been acting as mlne ownere' detective at Idaho Springs, and the Federation wanted him killed. Mr. Darrow, in his opening statement, de clared the Federation had nothing against Gregory. He made that dec laration with great emphasis, and yet Mr. . Copley sustained Orchard as to the employment of the man as a de tective. . Confirms Orchard's Story. Again, when Mr.' Borah had failed to get from Mr. Copley an admission that he knew Orchard blew up F. W. Bradley, Mr. Darrow took him in hand on re-direct examination and drew from him almost what Mr. Borah was seeking. Mr. Copley saw Orchard in San Francisco at that time and Orchard talked to him about Mr. Bradley, saying at the same time that Steunenberg would get what Mr. Bradley had received. When Mr. Darrow resumed direct examina tion, he asked: "You did not secure an Impression from what Orchard had said that .he had something to do with the Bradley explosion?" " "Yes," said the witness. "I did; . I formed an impression that he had something to do with it,'' though he did not give much attention either to Orchard's statement about Mr. Brad ley or to his threat against Steunen berg; he did not believe Orchard. STILL RELY OX HERCCLES MDiE Defense Lawyers Try to Prove Or chard's Vengeful Motive. BOISE. Idaho. June- 28. The attor neys for William D. Haywood continue to center their efforts on the discredit ing of Harry Orchard and the estab lishment of their claim that Orchard killed Frank Steunenberg in revenge for the loss of his interest in the Her cules mine. Today they directly at tacked the . Vindicator explosion with the testimony of a witness that made It appear accidental rather than criminal. Thomas Wood, a uon-unlonist, who entered the Vindicator mine as a tlm berman after the strike began, swore that the night before the explosion he placed a box containing 25 pounds of giant powder at the ahaft on the eighth level. He saw the powder the next morning shortly after 10 o'clock, and a few minutes later Superintendent McCormick and Foreman Beck came to the eighth level. They remained but a short time, and left to go to the sixth level, where they were killed. Mr. Wood swore that, when he reached the shaft 20 minutes later, the pow der was gone, and it is a reasonable inference that McCormick and Beck took it with them. No Wire to Start Explosion. Mr. Wood testified that he had seen a revolver In Beck's pocket, that the fragments of only one revolver were found on the sixth level, and that the bodies of McCormick and Beck were Concluded on Pace 3.J. ! s 101 GOVERNOR ' FOR THIRD TERM Says Roosevelt Must Run Again. WILL BE FORCED TO ACCEPT Only Man to Carry Out Great Reforms. CUMMINS' EYES ON SENATE Says Issue Xext National Campaign Is to Be Regulation of Interstate Commerce Hopes That Tariff Will Not Cut Any Figure. MINNEAPOLIS, Minn., June 28. (Spe cial.) Governor A. B. Cummins, of Iowa, in an .interview here today said: "Theodore Roosevelt ought to, and I believe he will be, a candidate to succeed himself as President." One thing the Iowa executive settled for all time was the persistent report that he would be a candidate for the nomination as President on the Republi can ticket at the next National eonvoa tlon. "You may say for me that I positively am -not and. shall not be a candidate." Asked if he would be a candidate for the United States Senate to succeed Alli son, Governor Cummins virtually ac knowledged the fact. i "People down our way say it Is a conceded fact," he said, significantly. Of Roosevelt. Governor Cummins said: Roosevelt's Duty to Accept. "I have said before that -I believed President Roosevelt should succeed him self, and I now will say for the first time that I believe he is the one man to carry out the great reforms he has inaug urated. - I know he is sincere in his decision not to again accept, but I pro phesy that the publio demand from all sections of . the Nation will be so. strong that he will be made to see that .it is his duty to serve the people for another four years. There is nothing In the idea that he should not accept because of the old fogy idea that a man must quit when he has served two terms, and If there was, he could still take another term, for he will not have served two complete terms when his present term expires." Paramount Issue In 1908. Asked as to what would be the great political issue for the campaign of 1908, the Governor said; i "The paramount issue, I apprehend, will be the fair and proper , regulation of Interstate commerce. I have great hopes that tariff revision will not be a polit ical Issue. It would seem likely that the platform adopted at the next National Republican Convention will contain a plank going unequivocally on record in favor of a changing of the tariff sched ules as they now exist. With our great party pledged to this principle, the decks are cleared for the next great problem." Favors Direct Election. MADISON, Wis., June 28. The Assem bly today by a vote of 69 to 3 passed the Senate resolution favoring the elec tion of United States Senators by direct vote. ECHO ELECTION CHARGES Indictments Returned Against Mem bers Policyholders Committee. NEW YORK, June 28. Indictments charging conspiracy and forgery against George R. Scrugham, manager of the In ternational policyholders' committee, and Charles F. Stirrup, an employe and one of those In the conspiracy against Charles Harrington, another employe, were re turned today by the county grand Jury. The charges grew out of the recent elec tion of trustees of the New York Life In surance Company. Scrugham Is charged with forging the name of Josephine I. Wright to a ballot which the policyholder failed to fill out. Scrugham is also accused of having erased the name of George W. Guthrie from a proxy and substituting the names of the. international policyholders' com mittee. A third allegation is that Stirrup and Scrugham supplied fictitious names as witnesses to proxies. Stirrup Is charged with supplying the name Margaret Kelly as a witness on the proxy of Samuel Pfeffer. . It Is alleged that the proxy had not been properly wit nessed and that the name of Margaret Kelly was fictitious. The conspiracy Indictment asserts that 4000 legally defective ballots were counted as legal. RECEIVER FOR MUTUAL LIFE Chicago Company Is Defunct and the State Takes Up the Case. CHICAGO, June 28. On the application of Fred W. Potter. State Superintendent of Insurance, Judge Honors today ap pointed a receiver for the Marquette Mutual Life Insurance Company of Chi cago. The company is said to have out standing policies amounting to Jl, 130,540. and Its financial responsibility by the State Superintendent of Insurance is ccai sidered to be so slight that its continua tion in business is a menace to the public and policyholders. RECHTOL GIVEN FIVE YEARS Insurance President Goes to Prison for Robbing Company. MINNEAPOLIS, June 28. W. F. Bechtol, ex-president of the Northwest ern National Life Insurance Company, was today sentenced to state's prison for five years. He was convicted of grand larceny from the company. COAL FAMINE THREATENS Snake River Towns Cannot Get Cars to Haul It. BUTTE, Mont,. June. 28. A special to the Miner .from Fltjckfoot, Idaho, says: A most serious coal famine is threat ening the entire Snake River Valley. For over a month there has not been a pound of coal shipped Into Blackfoot for commercial use. During the Win ter months the mineowners and the railroads urged the storing of coal in the Summer and,although the dealers have made extensive preparations for the storage of coal, their orders are turned down upon the ground that it is impossible to get cars. As all the threshing machines in the valley are equipped with coal burners, the coal famine threatens the grain crop, and the situation has become so serious that an appeal will be directed to the Interstate Commerce Commission showing the conditions and asking for Immediate relief. FRANCIS MURPHY FAILING Great' Temperance Advocate Hovers on Death's Brink. - LOS ANGELES. June 28. Francis Murphy Is today hovering between life and death, but with the exception of increasing weakness his condition shows little change from yesterday. None of his four sons has yet arrived, although all are expected by tomorow. WHAT HAPPENED YESTERDAY COURT RESPECTS' WEALTH NOR AGE Land is Ignores Plea for Rockefeller. HE MUST ANSWER SUMMONS Deaf to Trust Lawyer's Touch ing Word Picture. MUST HAVE INFORMATION All Excuses for Standard Oil King's Not Testifying Brushed Aside J. Rockefeller Xot Found Rogers Is Sojourning In Europe. CHICAGO, June 28. (Special.) Of fers of compromise if the serving of subpenas on John D. Rockefeller, H. H. Rogers and other officials would be stayed, were ruthlessly spurned by Judge Landis in the Standard Oil case today, when John S. Miller appeared before him. Notwithstanding the touching picture drawn by the attorney of an aged, feeble, wealth-worn trust president, Judge Landis not only re fused to interfere in the serving of the subpenas In New York tomorrow, but "rubbed it in" by asking three more subpenas for the following persons: F. Q. Baratow, Vice-President of the Standard Oil Company of New Jersey; H. R. Payne, Vice-President in charge of records of the Union Tank Line Com pany; W. M. Hutchinson. Secretary and Treasurer of the Union Tank Line Com pany. Wealth Makes No Difference. Mr. Miller intimated that several of the officials subpenaed might not be able to give out the required informa tion. "They will be given a chance to de cline in court," said Judge Landis. "But, your Uomfr," hastily added Mr. Miller, "President Rockefeller is a very wealthy man." "Wealth makes no difference In this case. He will be treated exactly as If he were a poor man." Mr. Miller' Interposed other objec tions. ' "I decline absolutely to interfere," said the Judge. "I cannot interfere with the execution of processes in this case." "All this is sensationalism on the part of the District Attorney's office," said Mr. Miller. "I do not call getting information sen sationalism," retorted the - court. "The District Attorney's office is acting just as it would in any other case." Rockefeller Ought to Know. Mr. Miller then went ' Into consider able detail as to the undersirabllty of serving Mr. Rockefeller, but his argu ments availed nothing. He said he would furnish other men better qualified to give the financial resources and holdings of the companies than those for whom subpenas had been Issued. He said Mr. Rockefeller had so little to do with the business that It would be useless to bring him to Chicago to testify. "It Is Inconceivable that the president of one company does not know whether It owns another company or not," said Judge Landis. "I want to know whether the Standard Oil Company of New Jersey owns the Standard Oil Company of In diana, the defendant In this case. I want this information, and all that I have asked for I Intend to have if such a thing is possible. "I want Mr. Rockefeller here to learn that one thing from him and the other things that he may be able to tell." May Decline to Answer. Mr. Miller intimated that witnesses might decline to answer, by advice of counsel. , . "The court) cannot assume," said Judge Landis, "that such an attitude will be taken and I cannot give them an op portunity to decline through counsel In advance. If they see fit not to answer my questions, they will be given the chance to decline in open court. The subpenas will be served and I will not interfere with the service of them." W. P. Cowan, vice-president of the Standard Oil Company of Indiana, and G. I Jl I S v ' - ' ' SsiSSy' to AmiM Governor A. B. Cummin, of Iowa, Who Advocates Roosevelt's Nom ination Against His Will. W. Stahl, secretary and treasurer of the same company, whose offices are In Chi cago, were served with subpenas late this afternoon. EEGIXS SERVING SUBPENAS Marshal Can't Reach Rogers, and Rockefeller Is Absent. NEW TORK, June 28. Subpenas requir ing the presence of John D. , Rockefeller, president of the- Standard Oil Company, William Rockefeller, H. H. Rogers. John D. Archoold and a number of other (of ficers of the Standard Oil Company to testify as witnesses before the Federal Court in Ohicago on July 6, were re ceived by United States Marshal Henkle today. Mr. Henkle was unable to serve subpenas upon Mr. Rogers and W. H. Tllford, treasurer of the company, as they are in Europe. John D. Rockefeller, William Rockefel ler and Charles M. Pratt were out of the city, and Mr. Henkle expected that a day or two would be required to find them. The Marshal personally served the sub penas upon John D. Archbold, vice-president of the Standard Oil Company, Wil liam T. Howe, Charles T. White, James A. Moffett, president of the Standard OH Company of Indiana, and upon M. E. Felton of the Union Tank Line Company. Auto Garage Is Burned. . SAN JOSB, Cal., June 28. An automo bile garage owned by Oseh & Hunter, located in the heart of the city, was completely destroyed by fire last night. The loss is estimated at about $65,000. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 64 degrees; minimum, 55. TODAY'S Fair and warmer; northwest winds. Foreign. French Chamber sustains Clemenceau's sup pression of revolt. Fasre 3. Choate takes leading part In Hague Con ference. ' Page 4. ( Revival of terrorism in Russia. Page 2 National. Taft denies stories of discontent among canal officials. Page 3. Spokane rate case may result in general re duction In West. Page 1. Judge Landis Insists on Rockefeller's ap pearance in court. Page 1. Politics. Governor Cummins proposes nomination of Roosevelt against his will. Page 1. Domestic. Argument in trial of Judge Loving. Page 3. Hill's Burlington deal falls and he returns road to old company. Page 2. Harrlman says he will not retire till he dies. Page 2. Colonel Tucker, formerly of Portland, ac cused by wife of misconduct with other women. Page 2. Many St. Paul men accused of great bro kerage frauds. Page 2. Sport. Harvard wins freshman's; Yale wins varsity elght-oared race. Page 7- ' Pacific Coast. Easterly makes poor witness for defense In Haywood trial. Page 1. Decision on- San Francisco graft indictments postponed for a week. Page 8- Congressman Jones will be candidate for Senator. Page 6. Gray's Harbor towns want joint rate on wheat.' Page 6. . Railroad Commissioner West plays 'detective on cattle train. Page Q. Commercial and Marine. Growth of English hop - crop checked. Page 17. Wheat continues strong at Chicago. Page 17. Sharp rise In call-money at New ' York. Pago 17. General trade hi first half of year better than in 1906. Page 17. F. W. Lead better sails for London to Join representative of Sultan. Page 16. Portland and Vicinity. - American flag Insulted by Industrial Work ers of the World. Page 10. Nine divorces granted In Circuit Court. Page 11. George Roussel, ' once a famous French wrestler. In city jail for Immoral conduct. United States Attorney Bristol will consult Secretary Garfield regarding land-fraud cases, page 11. GENERAL GUT IN WESTERN RATES Probable Result of Spokane's Fight. WILL NOT FAYOR FALLS CITY Utter Failure to Prove Claim to Terminal Rate. TEAL AND COTTON CLASH O. R. & X. Accused of Filing Tp Snip ping Which Should Go Into the Branch Lines Commission Will Decide Next Winter. OREGONIAN NEWS BUREAU. Wash ington, Juns 23 If the Interstate Com merce Commission does not dismiss the complaint of Spokane and decline to order a reduction of freight rates on commodities billed to Spokane from East ern points. It will order a general In vestigation into the freight rates through out the Northwest and West with a view to determining the advisability of making sweeping reductions in rates to all points remote from water transportation. There appears to be no likelihood that the Com mission will grant the appeal of Spokane and give that city the benefit of a spe cially reduced rate to the disadvantage of all other interior points both east and west ' of Spokane. Fall to Prove Spokane's Case. This opinion Is generally expressed after the conclusion of the argument in the Spokane case before he Interstate Commerce Commission today, for it is agreed that Spokane utterly failed to de monstrate that It, more than any other city. Is entitled to a special rate 30 per cent lower than it now pays. The evidence produced In the Spokane case is not ample to enable -the Commission to order a general reduction through the West, and it- is therefore fair to assume that the Commission would make ex tensive examination before ordering any general reduction in rates. The probabilities are that Spokane's complaint will be dismissed, for it has become quite evident that the Commis sion realizes that the terminal rate to Portland and Puget Sound Is due en tirely to water competition. Spokane not only failed to combat the water com petition feature, but practically Ignored It and asked for a reduction as though the Coast cities, like Spokane, were entirely dependent upon railroads for transporta tion. Their failure to produce reasons which would Justify the Commission in ignoring water competition is one weak ness of their case. Another weakness is their selfish request for a special rate that would give them an unquestioned advantage over all other Interior points in the West. Spokane Already Favored. W. W. Cotton, representing the Harrl man lines, stated to the Commission to day that Spokane, Instead of being dis criminated against. Is actually favored as against neighboring cities. Its rates from the East on the 44 commodities stipulated in Its complaint are below the rates charged to Boise, Ogden, Butte and Missoula, all of which have a shorter haul than Spokane. Mr. Cotton also de clared that the commodities on whose rates Spokane's complaint is based con stitute but 15 per cent of the total traffic of his line, and that the rates on these very commodities are today 33 per cent lower than the average rate per ton per mile on bis road. Mr. Cotton declared that Brooks Adams' idea is not Govern ment ownership, but private ownership and Government responsibility. Be at tacked other features of Mr. Adams' theory with equal force as did I. C. Gil man, representing the Great Northern. Oregon's Undeveloped Interior. J. N. Teal had little opportunity to make a showing for Portland as lntervenor, for he had to divide his hour with Seth Mann of San Francisco. He however took a fall out of Mr. Harrlman for his failure to construct branch lines through Oregon, notwithstanding the fact that the O. R. & N. has now accumulated "by extortion" a surplus of 124,000,000 Instead of building up the territory properly tributary to this road. He charged that part of the sur plus had been used in a fight to prevent the North-Bank road from entering Port land, while another large amount was be ing expended to extend its line to Seattle, which is foreign territory. Mr. Teal de clared, that there is 40,000 square miles in Oregon, much of which could be opened if the O. R. & X. would expend its pres ent surplus In the construction of new roads. "Xot Worth Scrapping Over." Mr. Cotton, in reply, said his company was obliged to hold its surplus, which had accumulated In years of exceptional pros perity, for It felt that traffic was bound to fall off after the existing period of prosperity ends, and the surplus may be needed to tide over years of stringency. As for the advisability of constructing new roads, he went to the map, waved his pointer over that vast territory lying eact of the Cascade Mountains in both Oregon and Washington and said that the terri tory at the present time was not "worth scrappln over." He admitted that a time might come when his road would look. Concluded oa Fags X)