Morning Oregonian. (Portland, Or.) 1861-1937, June 29, 1907, Image 1

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    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)