' "" ' "" " " " "'" I. ... ... I II , .. , - - - ., - , ,, , ' ' - . .. .1 I- , I I m VOL. XL.VI.NO 14,529. PORTLAND, OREGON, WEDNESDAY, JULY 3, 1907. PRICE FIVE CENTS. ! i. RED SOCIAL 5M TALKED TO JURY Stump Speech by Wit ness for Haywood. ENGLEY'S TONGUE RUNS WILD Tells Horrors of Telluride and Deportation. MALICH IM PREDICAMENT Denies Suggesting Bomb-Throwing to Orchard, but Grows Confused About Burning of Store Aiken Answers Orchard's Story. BOISE. Idaho, July 2. iSpecial.) To day in the Haywood case the Jury lis tened to a stump speech by Eugene Engr ley, the man who was elected Attorney General of Colorado on the ticket that . was headed by "Bloody Bridles" Waite, and the speech was one that would have made Waite or any other extremist feel joyful. It came about during the cross examination of Mr. Engley by Senator Borah. The fire-eater had been telling a long story of his experiences In Telluride, where he lived. He had insisted on mak ing an address every time he was asked a question, answering right over objec j tlons and launching out into all manner of statements. Mr. Borah tried again and again to stop him and the Judge admonished him several times, but Mr. Engley paid little attention. He was there to describe the "horrors" at Tell uride after the district was put under martial law, and he proposed to do so. He ran on and described bis deportation. Continuing, he told the jury of his sec ond deportation and was obliged to ad mit it was at the hands of his neighbors, the people among whom he had lived so long. . , . , Borah IOts His Tongue Run. Mr. Borah evidently concluded that, as Mr. Engle was determined to talk, he might as well start the witness off upon something that might prove interesting. So, as the cross-examination drew toward a conclusion, the Senator casually asked if he were a Socialist. Mr. Engley made a long speech In reply, saying if it was meant that he was for the initiative and referendum, the Government owner ship of railways, or the imperative man date, he was not a Socialist, but "if you mean that I favor the restoration to the human family of a planet now largely confiscated by a few, I am a Socialist." Mr. Borah was about to ask a new question, when the witness proceeded: "I might add that I am not riding around In the golden- ohariot- of the Re publican party or bumping about in the garbage cart of ths Democracy." "Are you on the band wagon with Eu gene V. Debs?'; asked Mr. Borah. "Well, I guess I will have to answer that question In the affirmative." Debs Too Mild for Him. "In other words, you are a Debs So cialist?" Mr. Engley was not prepared to say be was a Debs Socialist. Mr. Debs was too mild for him.- He said Mr. Deba was a most admirable man and had written many good things, but he was altogether too Inactive. Mr. Debs was a man of words and not of actions; he never car ried out any plan; he did not go far enough. Mr. Engley continued at much length, referring to the moneyed classes and the plutocrats in bitter terms and an nouncing his advocacy of the plan of making an end of .their sway; he would restore the property to the people. When ever he showed signs of coming to a period, Mr. Borah would drop in another question and Mr. Engley would start out anew and give another chapter; This continued for IS or 20-minutes, and when the witness finally determined he had expounded his views sufficiently Mr. Borah announced "That's all," and the former Attorney-General stepped down from the chair as proud as a peacock. He had secured an opportunity to talk Socialism of the rankest kind, but he had been weaving threads ito the rope by which ths man at the bar is menaced, for he was giving the Jury an Idea of the kind of doctrine which the friends of Haywood preach. Witness Badly Confused. Of the six witnesses on the stand today, four were saloonmen, the exceptions be ing Mr. Engley and Edward McParland. a brother of the famous detective. There have been many of the class on the stand since the defense began. Two of those on the. stand today were Austrlans. Max Malich and Joe Mehelech. These men, as well as "Billy" Aiken, all of whom Orchard had Implicated in many matters of a criminal character, each denied every statement Orchard had made, but some of them became dreadfully confused on cross-examination. Mr. Malich was willing to admit there was talk with Orchard of blowing up a hotel at Globevllle, in which several hundred non-union smeltermen lived, but he charged it was Orchard who proposed the thing. It was the same with the proposed murder of William McDonald, manager of the company store run ning In opposition to Mr. Malich.- Ths witness had indignantly refused to listen to such plans. Futher, he heard t Orchard announce his purpose of kill ing Steunenberg. , On cross-examination Mr. Borah drew from him the fact that he had after hearing all those statements by Orchard, offered to back the latter to go into the saloon business. The business establishment conducted by Mr. Malich burned down. Its pro prletor took care to explain he was on his ranch 400 miles away at that time. Oni cross-examination he got mixed sadly in trying to explain how he got the news in time to reach Den ver at the time given by him. for his ranch was far away from telegraph lines. Makes Malich Turn Red. Then he did not know the state had reason to believe the place was burned for the insurance and that the liquors had all been taken out and stored in Pet tibone's Etore before the application of the match. "When Mr. Borah began to Inquire about those features of the mat ter, he got red in the face and, though he denied the allegations vigorously, he was completely discredited by his man ner. The other Austrian likewise denied what Orchard had said about him. Mr. Malich and Mr. Engley were two of the impeaching witnesses and both declared they heard Orchard threaten to kill Steunenberg. The other testimony of the day was relative to conditions in the Colorado mining districts before and after the calling in of troops, especial attention being given to the deportations. , That kind of testimony may have some effect if some Juror should be drawn into sym pathy with the deported men and thus become a partisan of the defense, but when the state shows on rebuttal why drastic measures were necessary, the im pression that may have been made on the jury is likely to be swept away. SAY ORCHARD PROPOSED PIjOT Witnesses Contradict Informer En gley Turns His Tongue Ioose. BOISEJ, Idaho, July 2. Max Malich, Joe Mehelich and Billy Aikman, three of the men variously implicated in al leged misconduct at Globevllle, Denver and Cripple Creek on the word of Harry Orchard, went to the stand to day as witnesses for W. D. Haywood and made denial of Orchard's testi mony. Malich swore that Orchard, and not he, suggested the Inhuman plot of dynamiting a boarding-house full of nonunion smeltermen at Globevllle, and that Orchard originated the idea of killing William McDonald, one of Mallch's business rivals. He said he had been burned by some mysterious acid thrown into his house by an unknown hand, but he denied that this acid - was really "Pettibone dope" that had been left In -hia-room by Steve Adam3.' He also denied that the "Pettibone dope" had been used in burn ing his store, and testified that he was at his ranch when the Are occurred. He also swore that Orchard bad told him that, but for Governor Steunen berg, he (Orchard) would be rich, and that he Intended to kill Steunenberg. McParland's Brother a Witness. Mehelich on cross-examination - also made positive and circumstantial denials of all the things Orchard swore they did with him. The cross-examination of all three witnesses showed a purpose on the part of the state to further deal with the testimony when the case in rebuttal is reached. When Orchard is recalled, he will be asked to give his version of the alleged use of the "Pettibone dope" in burning Mallch's store at Globevllle. Another unusual feature was contributed to this unusual case with .Its background of plots and counter-plots, criminal, In dustrial and political, by the appearance as a witness for the defense of W. H. McParland, a brother of Detective James McParland, ' who ' worked" up ' the case against Haywood, Moyer and Pettibone and obtained Orchard's confession. This McParland is a shoemaker at Manitou and he came to tell that, while he was following his peaceful craft at Victor during the strike, he was unceremonious ly taken from his home by the militia, thrust into the "bullpen" and then de ported. , Hard to Check His Tongue. Eugene Englee, ex-Attorney-General of Colorado, swore that Orchard told him of the loss of a rich share in the Hercules mine and of his Intention to kill Steun enberg. Mr. Englee told at great length how the military authorities at Cripple Creek defied the processes of the civil court, how he was himself deported from Telluride, where he went as counsel for the Federation, and how he was later de ported from Cripple Creek the day the mob destroyed the union store at Gold field. His entry into extended descrip tions and minute details brought repeat ed objections from the prosecution, and finally the Judge Intervened to limit him to the material facts to save the time of the court and Jury. v The defense also produced Thomas C. Foster, now a bartender of Blsbee, Aria., who, as a union miner, was tried and acquitted at Cripple Creek on the. charge that he had attempted to wreck a train on the Florence & Cripple Creek Rail road. Mr. Foster told of his experience in the "bullpen," an attempt of Detec tives D. C. Scott and K. Sterling to force a confession from him, which was fol lowed by 17 days of solitary confinement and his final flight from the district, when he walked 30 miles and fasted for over 30 hours. Refused to Blow Vp Hotel. Max Malich, an Austrian, who was a emelterman at Globevllle, Col., dur ing the strike of 1903, but afterwards became proprietor of a small hotel and Is now a carpenter and miner, testified that he was Introduced to Orchard as Tom Hogan, in February, 1906, by A. W. Gratlas, who has since proved to be a Plnkerton detective. At that time Orchard was living with Steve Adams and his wife. The witness denounced as false Orchard's statement that he had suggested that they blow up a hotel occupied by 150 non-union miners and that Mr. Malich had helped him to steal 100'pounds of dynamite from the Union Pacific powder-house. He said Orchard or Hogan came to him one day and said: ' "What is the matter with you folks out here, ths scabs are getting the (Concluded oa Face 6.) FUEL TO BE FUMES J Not Strengthen Pacific Fleet. NO BATTLESHIPS ARE COMING Government Denies Alarmist War Rumor. CAME FROM NAVAL EXPERT Only Two Ships Ordered to Pacific. Aokl Says Japan Would Not Regard Iarge Fleet on Pacific With Alarm. OREGONIAN NEWS BUREAU. Wash ington, July 2. This Government is not going to throw fuel on the anti-American flames now burning in Japan by or dering IS battleships from the Atlantic to the Pacific, as has been reported In some dispatches. Assistant Secretary Newberry of the Navy Department said today that no large movement of war ships from the Atlantic to the Pacific was contemplated. The Washingtpn and Tennessee, now In Bordeaux, are under orders to Join the Pacific squadron later on, but aside from that no general move ment Is contemplated. His stafement Is substantiated by an official announcement made today at Oyster Bay. It Is pointed out in diplomatic circles that the Japanese government does not countenance the anti-American agitation that Is in progress in that country, and this Government, as such, entertains the most friendly feeling for Japan. It therefore being mutually understood that the relations of the two governments are most amicable, there could be no reason for now moving 16 battleships to the Pacific. Some naval experts who can scent war every time they Bmell.firecrackers are re sponsible for sensational reports that have been in circulation, but these ex perts are not speaking by authorllty. There Is to be no general change in the stations of our warships. Ultimately the Pacific fleet will be strengthened, as It needs to be, but there Is no intention of unnecessarily, exposing the Atlantic Coast with Its many great cities at a time when It Is believed there Is no dan der of war on the Pacific' NOT REGARDED AS A MENACE Aokl Says America Is at Liberty to 1 Strengthen Paclflo Fleet. WASHINGTON, July 2. "No, the Japa nese would not regard it as an unfriendly act if the American Government' saw fit to increase her naval representation in her territorial water upon the Padflo Coast, or even if she sent additional men- of-war to the Asiatic station. She would not look upon It as a menace or regard It with regret." These were the words of Viscount Aokl. the Japanese Ambassador to the United States, whose attention was called today to published reports that the General Board of the Navy had recommended to ADD APAN x WILL, THE DISTRICT ATTORNEY SIT ON the President that the battleships of the American fleet be sent around to the Pa cific Coast. - At the same time, the Am bassador expressed a great deal of inter est in the stories printed and asked If they were true. He disliked, he said,- to appear in the public prints, .when there was no reason for It, but he felt at per fect liberty to 'say . what he did on this subject. JAPANESE DENY MISSTATEMENT -Those of San Francisco Show Fair Spirit to Americans. SAN FRANCISCO, July 1-The Japa nese Association of America has issued the following statement: "Five of the principal chambers of com merce in Japan recently addressed a com munication to chambers of commerce in America setting forth the grievances of Japanese residents In San Francisco and Including among such grievances the de nial of the right of education. This par ticular portion of the communication reads as follows: The rich of education has been denied them. The Japanese Association of America, which has its headquarters in 6an Francis co, believes that In Justice to the people of California and the whole country this erroneous statement should be corrected and false impressions removed. Japanese children Samael Small, President of Comxner- clal Telegraphers' Union. in San Francisco are not now denied the right of education. On the contrary, there are as many Japanese scholars in the pub llo. schools as there wore before the earth quake and tire of April iS. 1906, and they are receiving the same treatment and fame advantages that are given to the pupils of other nationalities and are admitted to the same schools. . In making this correction. nXMFWftamim Association of America wishes to show Its desire for fairness, and it hopes that Its efforts to bring about friendly relations be tween ths Japanese and the people of San Francisco and the State of California will have the. sympathy and support of the mer chants and business men of the state. SATS ACTION IS UNBEARABLE Japanese Paper Demands Action Against San Francisco. TOKIO, July 2. The Nichl Nlchl in a leader regrets the necessity of being com pelled to write again on the American question in defense of the rights of the Japanese compatriots in San Francisco. "Developments in the anti-Japanese sentiment," says the paper, "show signs of progressive and systematic movements aiming at the deprivation of the sources of livelihood of our compatriots. The last clause of article 2 of the treaty can properly be called Into operation only after a law has been passed, but no legal step has been taken by the Federal Gov ernment disabling the Japanese from en gaging in the employment agency busi ness. , "The action of the San Francisco au thorities' Is unbearable. Neither the Washington nor the Tokid government can remain inactive In view of the latest action, of the San Francisco authorities (Concluded on Page 4.) .... v. . .. v s . , rv. ' - f I : v . - K ;! J ' -?! ;: I - , U t t T f j I 1 j "t i i 1 ; v a: ' . ft : J1"" J t RISE AND FALL OF RUEF'S MACHINE Several Causes Con tribute to Crash. ONE WAS SUICIDE OP A GIRL RuePs Bold Scheme Pu Schmitz on Pinnacle. HENEY DRAGGED HIM DOWN With Each Successive Victory Graft ers Became Bolder Until Their Own Acts Betrayed Them and Heney Got to AVork. BT P. A. SINSHEIMER. SAN FRANCISCO, July 2. (Special Correspondence.) Events of such magni tude have followed each other with such rapidity in San Francisco that one at a distance may be inclined to ask, "How did It all happen? What will it all come to?" In the midst of all the unusual happenings, during all the excitement, the San Franciscan has remained cool, blessed with the old-time American as surance, "Oh, It will all come out all right." It may be interesting at this time to review the situation and to trace in out line the work accomplished by Francis J. Heney and his co-workers. This letter will confine Itself to a statement of con ditions that led up to the Investigation. Subsequent letters will deal with the in vestigation, the labor, financial and other problems. It Is as difficult to say where it all began as It is to say where it will end. What brought the Ruef-Schmlt machine to its ruin? With some truth it may be answered that It fell from Its own weight, --Again It might be said that the fusion movement of the Democrats and Republicans In 1905, and again it may be said the suicide of Jeanle McNeil, pretty schoolgirl of 16, were the causes But whichever it was, it was through Mr. Heney and his associates that the work was accomplished. Causes of the Crash. If one chooses to believe that the ma chine fell of its own weight, he will argue that, like the house of cards, it had been built too high, that Its founda tion was a morass of corruption and at the first hard blow it must crumble. If one chooses to believe that It was the fusion movement which destroyed Ruef, he will argue that, when the Joint ticket entered the field with Henry Branden stein as the nominee for District At torney with the express object of bring ing Ruef to justice. It became necessary for Ruef to go beyond his own circle to find a man at once honest and popular enough to defeat Brandensteln. That man was District Attorney Dangdon and In electing Mr. Dangdon, Ruef opened the penitentiary door for himself. If, finally, one chooses to believe that it was suicide of the schoolgirl that brought ruin to Ruef and Rueflsm, he will argue that, had she not killed her- TWO LIDS? self, the means of detecting Ruef and his crew in their1 criminal work would not have been opened. Jeanle McNeil, It should be explained, was the daughter of a well-known physician. She was In the habit of visiting the skating rinks and, when her school friends spoke unkindly of her, she killed herself. An Indignant public demanded that the skating rinks be subjected to legnl restrictions and in the ordinances proposed to effect this re form, William J. Burns found the oppor tunity to trap three Supervisors while accepting a bribe. Fiddler and His Boss. Ths- story of ths fiddling Mayor has been told and reprinted all over the world, Bchmlta was not only a fiddler, but a bad fiddler. True, be was paid $150 a month to lead the orchestra at the Columbia Theater, . but the orchestra never ranked high in the political world Schmitz and Abe Ruef, his lawyer friend. were closely associated in many enter prises. They were as Inconspicuous as any other orchestra leader and young politician in any other large city. They entered politics together. They -went In as reformers they all do. Ruef and Schmitz were co-workers In the Republi can primary league, which numbered in its membership the best men of the party. Ruef and Schmitz displayed some ability as organizers and they did well in their district. Shortly before the nominating conven tion in 1901, Schmitz, the musician, in one of his confidential talks with Ruef, the lawyer, stammered out a confession "Ruef," said Schmitz, "I've been thinking that I'd like to run for Tax Collector." "Tax Collector be damned," swiftly replied Ruef. "Gene, I'm going to make you Mayor." bchmltz colored under his sable beard and asked Ruef to stay on the earth. Then it was that Ruef for th first time, explained to Schmitz the future he had mapped out. Im going to organize a labor party," said Ruef. ( "Things are ripe for it with this teamsters' strike raising hell and. Gene, you're going to be nominated for Mayor, and you're going to be elected." The rest is history. Schmitz was nominated, elected and became Mayor of prosperous, buoyant San Franclaco on New Tear's day, 1901. He flushed with a pride almost girlish the first morning he found himself Mayor of the city, and the newspaper men showered their good wishes upon him. Heney's Prophetic Speech. Soon the famous letter from Schmitz to Ruef was made public, which has since been termed "a letter of marque." It vrw not long before the game of graft was put Into operation, but carried on the crest of the labor wave, "Schmitz was swept into office again in. 1903 . and 1905. With each succeeding success the pair became bolder until at last they were thieving In the open. It was In the campaign of 1905 that 'Mr. Heney, fresh from his victories In Oregon, came to San Francisco and entered the battle against Schmitz. Mr. Heney is a close friend of Henry Brandensteln, and It was his desire to defeat Mr. Langdon as District At torney and elect Mr. Brandensteln who had mapped out a legal campaign against the grafters that brought him Into the political battle. It was in the Mechanics' pavilion three days be fore the election that Mr. Heney made the prediction that, if elected, Schmitz, backed by Ruef, would stop at nothing, finally bringing matters to such a pass that Mr. Heney himself would return and send them both to prison. How true this prediction was, the history of the last few weeks has told. Pirates Capture Everything. It was a wild night in November, 1905, that Ruef swept into office not only his puppet Mayor, but carried every office and hurled Into power a Board of Supervisors recruited from the lower end In the city. Ruef never expected to elect them, and was the most astounded man in the' city when he found that he had Inflicted the Lonergans, , the Gallaghers and the Colemans upon the city. In their ex cess of Joy, the newly elected .howled with glee when flames shot Heaven ward from the Chronicle tower, little guessing that. In a few months a mightier flame would sweep the city and lay bare their Infamy. The assortment of human cattle which composed this Board of Supervisors has been described too often to need further mention at this time. Suffice It to say that on the night of election one of them was heard to say to his fellow, "They tell me there's $18,000,000 in bonds just voted. Now there' are Just 18 of us on the board. That means $1,000,000 apiece. Think of It, kid, 11,000,000 apiece!" Secret caucuses became the rule. The board meets every Monday afternoon. Regularly every Sunday night Ruef, Schmitz and the members of the board gathered In secret caucus and arranged the programme for the week. Bach man was told how. to vote. In many cases It was arranged who should oppose and who should favor a measure, what argu ments were to be used In debate and what the final vote should be. Ruef and Schmitz said they simply de sired to train the Supervisors In matters of legislation. The good citizenship of San Francisco was disgusted, but power less. The newspapers thundered, but the administration forces, under the reassur ing declaration from Ruef, "Let them bark," kept on their way. Fight on Trolley Franchise. In Jhe Spring of last year Rudolph Spreckels with James D. Phelan and other prominent Sah Franciscans made strenuous objection when Patrick Cal noun, of the United Railroads, announced that he would Insist that the Supervisors allow him to convert his cable roads Into overhead trolley lines. Mr. Phelan and Mr. Sprekels at that time were enthusi astic advocates of the Burnham plans for the adornment of San Francisco, and they figured that an overhead trolley sys tem not only lacked the advantage of modernity, but would mar the scheme de vised for the adornment of the city. When Mr. Spreckels and Mr. Phelan UNWRITTEN LAW" RECEIVES REBUKE Supreme Court of Iowa Scoffs at Theory. COUNTY ATTORNEY CENSURED Accused Man Is Released on Serious Charge. WRONG PLEA BY. LAWYER Encourages Jury to Sympathize With Person If He Had Slurdered the Alleged Offender In Cold Blood. .DES MOINES, Iowa. July 2. The Su preme Court of Iowa has no patience with the "unwritten law." In a decision delivered this morning, the court re pudiates the doctrine, and administers a stinging rebuke to G. A. Barnes, County Attorney of Dubuque County, who made an argument to a Jury construed to coun tenance a resort to this measure. The decision is in the case ef Dr. P. M. Harmann, a physician of Dubuque, who was charged by his wife with adultery. Mrs. Mamie Kelfer, of Dubuque, was named in connection with the case. The prosecution attracted wide publicity at the time of the trial In the lower court, and resulted In a conviction of the physi cian. During the trial the County Attorney said: "Instead of trying a case of adul tery here, gentlemen of the Jury, you should be here for the purpose of deter mining whether or not Jacob Kelfer would have been guilty of murder If he had exercised his manhood and taken a gun and shot through the heart of Dr. Harmann." The Supreme Court says: "This statement has no foundation In law or fact, and It In highly important that no such appeals be made. There Is enough of a disposition for unthink ing and unreasoning persons to take the law Into their own hands, without having it encouraged by the ministers of the law. It was the duty of this County Attorney to discourage the very thing which he was countenanc ing, and there was no other reason in making the statement than to In flame the passions and induce the jury to right a supposed wrong which i party had neglected to perform on nls own behalf. .This attorney was not even appealing to the socalled "un written law" of the land, for no one contends that Kelfer found his wlfa In flagrant delicto, and it was improper, to suggest such a remedy as he here approved." The Supreme Court reverses the ver dict of the Jury on account of the ap peal made by the County Attorney, and holds that the evidence would bo Insufficient to support a conviction. More Time Allowed Bidders. WASHINGTON. D. C July 2. Acting Secretary Newberry today announced that the time allowed for the presenta tion of bids for torpedo-boat destroyers would be extended to September 3 next. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature w decrees; minimum, 68 degrees. TODAY'S Showera and cooler; eoutherly winds. FaciHc Coaot. Colorado Socialist makes stump speech to Haywood Jury, and Orchard's alleged accomplices contradict him. Pages 1. Causes of graft exposure In San Francisco. Page 1. Mayor Schmitz announces candidacy tor re election. Page, 2. Opposition has its Inning in Joint rate hear ing. Page J. Governor Chamberlain names board to con- , trol Normal Schools. Page 6. Armed conflict threatened between opposing Alaska railroad interests. Page 6. National. Battleships not to be sent to Pacific Coant. Page 1. Rockefeller dodgrs subpoena, while his law- years offer evidence. Paga 1. Government forbids pound-net fishing at Columbia's mouth. Page 4. Politics. Progress of Prohibition in various states. Page 5. Domestic. Great explosion of powder causes havoc near Salt Lake. Page 3. Iowa Judge condemns unwritten. law. Page 1. Cincinnati workmen narrowly escape death by collapse of building. Page 3. ttporte. Los Angeles wins from the Beavers 8 to 1. Page 7. Commercial and Marine. Strang blight affects Washington county hepyards. Page 17- Fear of gold exports checks advance in stocks- Page 17- Fasten-, wheat markets affected by bullish news. Paga 17. John MoNulty takes charge of local Hydro graphic of flee. Page 16. Portland and Vicinity. Celebration of the Fourth begins today. Page 10. " Tourist Hravel to Portland this Bummer wi'l break all records, page 12 C?.rrujCourideislon gives death-blow to lot machines. "Page 10 Police court forbids young people to marry. Page 16. C E- 8. Wood indifferent to criticism of Seattle ministers. Page 11. Oregon and Washington officials say Mayor Lane's veto of tunnel ordinance was aa error. Page 18. (Concluded on Pacs 4.) h: I tr I i ni o