i VOL. XXVI. NO 14,534. PORTLAND, OREGON, TUESDAY, JULY 9, 1907. PRICE FIVE CENTS. TIES SENTENCE, IS STILL DEFIANT Schmitz Makes Scene in Court. PROTESTS AGAINST LECTURE Judge Dunne Scores Grafter Without Mercy. CROWDS CHEER TO ECHO ftlajOT's Hypocrisy, Duplicity and Dishonor Denounced He Says Judge Is Prejudiced and Will Seek Re-election. SAN FRANCISCO. July 8. The sentenc ing of Mayor Eugene Sehmlts to five years in Ban Quentin Penitentiary for extortion was one of the most dramatic scenes ever witnessed in & Western court. The effect' iveness of the fearful denunciation of the convicted Mayor, as delivered by Superior Judge Frank M. Dunne prior to the pass ing of judgment, was heightened by the demeanor of the prisoner,' who time and again interrupted the court to demand that those "humiliating remarks" be de viated from and that "the court do its duty" by pronouncing sentence at once. Once, while the sentence impended, the Judge threatened to send Mr. Metcalf, of the Mayor's counsel, to Jail for contempt because be descried the court's comments as "cruel and unusual punishment," and Mr. Metcalf was told, by Judge Dunne that he ought to be "begging a day in court to defend himself against the charge of hav ing tampered with a witness in the case." The defense filed a bill of exceptions after motion for a new trial and motion for the arrest of judgment had been de nied and Judge Dunne granted a certifi cate of probable cause, upon which Sehmlts will go to the District Court of Appeals for a new trial. Courtroom Rings With Cheers. - As the last words of the sentence fell from the Judge's Hps, the great crowd .hat had stood throughout the dramatic scene, sent up a thunderous cheer. . "Good for you," shouted a man in the back of the room. His ejaculation was echoed and re-echoed by one after another of the specta tors. Several threw their hats Into the air. Others scrambled upon chairs to look over the shoulders of the crowd. The greatest confusion prevailed. Mr. Falrall, of the defense, raising his voice above the din, called out to Judge Dunne: "Your honor, this cheering is a very unseemly occurrence." "Well," retorted Judge Dunne with p!rit, "if we had a Sheriff worthy the name, it would have been stopped in stantly." Sheriff Thomas O'Neill was standing in side the rail. He turned to the court and protested: "Nobody could have stopped that, your honor." Special Agent Burns, of the prosecu tion, led a number of bailiffs in the cry: "Clear Uie courtroom; clear the court room." . . But only a few of the hundreds of cu rious and apparently delighted men obeyed the sharp order. Some of them were hustled unceremoniously out into the hall ways. About 100 others kept their vantage places around the counsel table, where Sehmlts sat dictating a statement to the newspaper men. ' The dramatic atmosphere was height ened by a staff of newspaper photogra phers, who exploded flashlight after flash light till the courtroom was so filled with smoke that it became stifling. Not Ready for Other Cases. It was 10:15 o'clock when Judge Dunne, having disposed of some matters prelim inary to the trial of other bribery-graft cases, called from the calendar: "The People vs. Eugene Sehmlts." - Diatrtct Attorney Langdon and Mr. Fair all answered in unison: "Ready." Judge Dunne inquired of Mr. Langdon whether it was his present intention to proceed with the trial of the other four extortion cases against Schmitz. The District Attorney replied that there were so many other graft cases on the cal endars ' that he was unable to say at this time whether the four extortion cases would be pressed or not, "but," he concluded, "the prosecution has no ob jection to the passing of sentence at this time." "Under ordinary eiroumstanoes," said Judge Dunne, 'when a defendant has been indicted on a number of accusa tions, and only one of them has been tried, the others remaining open for trial, I think it would not be very prac tical to pronounce Judgment upon the first conviction. But if the District At torney has, as he says, no objection to the imposition of Judgment at this time I shall, of course, pass sentence. Eugene E. Sehmlts stand up." , The big, black-bearded prisoner Arose at the counsel table. Els face was the color of ivory. Hla Up were pressed tightly together. He bent his eyes in a piercing glance on the Judge, and never once during the dramatic moments that followed, did he drop them. His shoulders were thrown well back, and be held his btnut M, after reciting the facts of his trial and conviction, "have you any cause to show why judgment should not be passed?" "We have," responded Mr. Fairall. and as he arose to move for a new trial, the Mayor sat down. Mr. Fairall read briefly six grounds updn which a new trial should be granted. The motion was promptly de nied, - after Mr. Langdon had re plied, after a word 'of Inquiry from the court, that in the eyes of the prosecution the ' grounds urged were wholly Insufficient. "The court does not deem that there is any merit in the motion, therefore it is denied," said Judge Dunne.. Mr. Fairall excepted to the ruling and moved for an arrest of Judgment, enumerating the grounds. This motion was also denied. The court then asked if the defense had any other cause to show. "No other," was the reply. Judge's Lecture to Schmitz. Judge Dunne, turning to Schmitz, who had again risen, said: "In pronouncing judgment in this If Mayor Eugene E. Rr limits, of San Francisco, Sentenced to the Peni tentiary. After a Terrible Scoring roni Judge Dunne. case, the court has but very brief com ment to make. It can be said that the verdict of the Jury in this case hae a deeper significance than ordinar ily attaches to a finding of guilt. It is a message to all the people in the City of Ban Francisco that law and order are supreme; that no man,' however ex alted his station or how strong and powerful the political, social and finan cial Influences which surround him, is above the law. Eugene E. Schmitz.'you have" heretofore occupied the '"highest office which the City of San Francisco can confer on one of its citizens. You were elevated to that position because of the confidence and trust reposed in you by the mass of the " Schmitz and Metson Protest. "I am here," Interrupted Schmitz, In a voice, which though quiet - and con trolled, carried to the far corners of the room, to receive sentence at your hands and not to be humiliated by a lecture which the newspapers can repeat in print." At this there was a buzz of excitement and a shifting of feet on the bare floor and an eager press forward by the crowd that was separated from the counsel ta ble by a row of occupied chairs. Beyond pausing Judge Dunne paid no attention to the interruption. "You were elevated to that position, I say, because of the confidence and trust reposed in you" ... Mr. Metson interposed: "We are here to take sentence,", he said, "not to be lectured. We " "Mr. Metson," said Judge Dunne, warm ly, "t you interrupt these proceedings again I will send you to Jail. You would be in far better business if you were here begging for a day In court to answer the charge that you willfully and improp erly attempted to tamper with a Juror In this case." I am ready," responded Mr. Metson, to answer, now or any other time. any charge that may be lodged against me. I take exception to the remarks of the court addressed to the defend ant and to the Improper and uncalled- (Concluded on Page 2.) I ,v. v An electric frelg-htcar bound for Portland Heights yesterday got beyond control of Its crew Just before the crest of toe Ford street hln was leached, and ran wtld back down Ford street. It turned into Washington, and at tremendous speed rushed eastward on the track used by westbound cars. After traveling eight blocks on Washington street, H Jumped the track at Fifteenth street and fell on its side. The motors eX the car. acting as dynamos tinder the tremendous speed, burned the Insulation off ths wiring and set the car on fire. Motormsn Crawford was slightly burned; but no one else was injured. ES SI AY'S FLEET Repel'" Attack" by Sea and by Land. LEARN TO MAN LARGE GUNS Guardsmen Become Proficient in Coast-Defense Work. MILITIA REPLACE TROOPS Regulars Retire and Watch the "Amateurs" Handle 12-Inch Mortars During Bombard ment of Hostile Ships. FORT STEVENS, Or., July 8. (Staff Correspondence.) A theoretical squadron of hostile warships, cruisers and torpedo boats attempting to force the entrance of the Columbia River and lay waste to Astoria, Portland and the river country, wag sent to the bottom by coast defense artillery manned by Oregon guardsmen at this post today. After spending the forenoon in drill devoted to the workings of mortars and coast "rifles, a detail of 7S guardsmen was placed in full charge of two guns. A schooner bowling into the harbor was designated as a hostile fleet of three bat tleships, three cruisers and three torpedo boats. The Oregon men manned the guns and did the practical work of sink ing the fleet while it was yet at a range of 10,000 yards and barely visible to the naked eye. Another detachment of Ore gon men attacked . a landing party that had Intrenched itself In the old Point Adams lighthouse, and after a brisk fight wiped the Intruders off the map, accord ing to the opinion of expert observers. The first day of instruction in the Gov ernment's coast defense maneuvers has tended to establish the fact that volun teer troops may be used to good advan tage in support of a regular. garrison should the need arise. The Oregon men were of practical use in handling the big guns after a brief three hours of drilling. From RevelHe to Taps. . . . Activities began with sunrise and everyone at the garrison was kept busy all day. Colonel Walker, the artillery district commander, has determined to make the most of the 10 days and he is devising daily problems and assigning daily drill which fill out every minute of the time prescribed for military duties. After the artillery detachment had drilled all forenoon and sunk the theoret ical fleet in the afternoon, the artillery drill continued, the men being initiated into some of the more intricate details of coast warfare. The infantry sup ports, after exterminating the landing party, spent the rest of this afternoon In skirmish drill on the sandy beach below the garrison. The manner of drilling the guardsmen in artillery" duties is a most effective one. , Colonel Walker has directed that to begin with the regular manning de tails appear at their stations. A corre sponding detail of guardsmen is assigned to the various positions. As rapidly as the volunteers Qualify, the regulars step aside and leave the work in their hands. All of .the regulars were able to retire this: afternoon from the active handling of the guns. Artillery instruction is be ing conducted by Captains H. G. Bishop, C. Willis and H. S. Stelle, of the regular coast artillery service. Infantry in struction is being directed by Captain John R. M. Taylor, of the Fourteenth United States Infantry. Companies A and C of tha First Separate Battalion have been selected for the artillery work El FREIGHT CAR DASHES WILD WRECK OF OVERTURNED CAR AT FIFTEENTH AND WASHTNGTOX STREETS. .s and companies A. C and K, of the Third Oregon Infantry, have been designated as infantry supports. Companies. B and M of the Third Oregon are being given ar tillery instruction at Fort Columbia, across the river. . How the "Fleet" Was Sunk. The attack on the imaginary fleet today afforded an excellent insight Into the methods of modern coast defense equip ment. The sailing vessel that was desig nated as the fleet was hardly to be seen without the use of strong field grasses. Only the upper rigging showed above the horizon. To estimate, the range and exact loca tion of this vessel at the moment a shell would reach it from the shore was a prob lem that . the average mathematician might not care to undertake if he had an afternoon in which to work it out. The regulars made quick work of the trick. The position-finder was brought into use, the ship was located on the finding-board, the speed of the vessel was approximated. the velocity of the wind was taken, and then, after allowing for the distance the ship would travel while a shell was hurt ling towards it, the adjustments of sights were made and the order was given to fire. The bombardment lasted for several minutes, adjustments of the 12-inch mor tar and 10-Inch all-around-Are rifle being required for every shot. Company A handled the 12-inch mortar during this bombardment and Company C manned the all-around-fire rifle. Landing Party Driven Into Sea. The storming of the Point Adams light house afforded excitement for the troops assigned to service as Infantry supports. Company A, of the Third Oregon, took up a position in the lighthouse, and it de volved upon Companies C and K to dis lodge the landing force. The attacking party, under Major John L. May, engaged in a long-distance duel, and finally de ployed and rushed the intrenched foe,' capturing the position. Recall was then sounded, and after a brief rest came as sembly and more skirmish drill. The broad beach affords an excellent place for skirmish drills, extending over a course of nearly two miles. It proved an arduous day for the Guardsmen, and final recall was wel comed. Aside from sore feet and fatigue, none was any the worse for the brisk exercises and drills. Not a single man la on the Bick report. The programme to morrow will be of a similar nature, the period of drill covering the greater part of the week. Third Oregon Arrives. Six companies of the Third Oregon and separate company arrived at Seaside at 6:10 P. M. today and proceeded di rectly to the campground, one mile south of town. The guardsmen gave a com mendable exhibition of their skill in camp pitching, and a city of tents had sprung up'before sundown. The camp is in com mand of Colonel C B. McDonell. Drills and camp routine will be established to morrow. ' Later in the week the command will .participate in the coast defense ma neuvers, operating as a force of the en emy. An uneventful trip from Portland was reported. COMPANY G OFF TO CAMP Oregon City to Join Wood burn and The Dalles at Fort Stevens. OREGON CITY. July 8. (Special.) Forty members of Separate Company G, Oregon National Guard, dressed in khaki uniforms, in charge of Captain Franklin A. Loo mis, departed this morning for Sea side to go into camp with Co. D, of The Dalles. Co. I, of Woodburn, and Company L, of Pendleton. The last three compa nies are a part of the Third Regiment of Infantry and the battalion will participate in an attack on Fort Stevens while at the coast. They will return July 16: First Lieutenant W. R. Logus and Second Lieu tenant Charles E. Burns, Jr., accompanied Company G. SHIELDS HOWARD GOULD Court (Strikes Out Charges of Infi delity From Wife's Complaint. NEW YORK, July 8. The two most sensational allegations in the suit of Catherine Oemmons Gould for a separa tion from Howard Gould were today stricken out of the complaint by order of Supreme Court Justice McCall. The sections stricken out are those which allege infidelity on the part of Mr. Gould and that he tampered with Mrs. Gould's mail. A third section which Mr. Gould sought removed from the complaint charges him with having had hlB wife watched by detectives. This allegation teh court ailowed to remain in the complaint. DOWN FORD-STREET GRADE sjajs,ajA,s. aj--tSJCIUlJ s.slts jus.s JAPANESE VEW OF FLEET'S MOVE Does Not Concern Her, Says Naval Expert WOULD LIKE A VISIT FROM IT Delicate Situation Causes General Reticence. LOWER IMMIGRATION BAR Demand for Abrogation of Treaty Clause Fleet's Cruise Declared Consequence of McKinley's Policy of Imperialism. TOKIO, July 8. (Special.) "The move ments of the American Nayv are of no special importance," said an Influential naval expert In an interview printed in the Asahi Shlbmun today. "They are part of a prearranged plan, which has been adopted because of the constant growth of the American Navy during the last decade, for the. sake of training and for purposes of protection to Ameri ca's wide interests in the Pacific Ocean. "Meanwhile it is proper to understand that the squadron is not composed ex clusively of battleships, but includes a number of cruisers as well. From a strategic point of view it does not con cern Japan whether the squadron re mains m the Atlantic or proceeds to the Pacific, although for Americans there is some reason to believe that the Atlantio would be preferable." Consequence of Imperialism. The Asahi says editorially that the transfer of the Asiatic fleet to the Pa cific "is the natural consequence of. Mc Kinley's imperialism." The new Repub lican platform, it says. Includes the ex- tentlon of the Monroe doctrine to the Pacific, where American interests are destined permanently to remain. , The report that the fleet will return to the Atlantio after a short stay in the Pa cific it holds to be due not only to the inadequate accommodations afforded by the Pacific ports, but also to America's conviction of Japan's sincerity In respect lng America's new territorial rights. The Asahi regrets that the fleet cannot visit Japan to enable the Japanese to as sure the Americans of their sincerity and to return the hospitality shown the Jap anese at Jamestown. However, the Asahi Is compelled to sug gest the abrogation of article 2 of the commercial treaty between Japan and America to avoid future troubles like those In San Francisco. Think Situation Delicate. Says the Nlchi Nlchl: "War talk, the boycott bogy and naval alarms can orlg inate no solution for the San Francisco problem. The definite stoppage of dis crimination is vital." Other leading papers are reticent, show ing the difficulty they feel in expressing a definite opinion. The situation as it exists is regarded as most delicate. There is a growing Impression that it is advisable to preserve Japanese suscepti bilities. Inasmuch as Japan relies upon the promises made by the Government at Washington, and is eager to maintain the traditional friendship between the two ca tions. For no concrete reason, but be cause of a generally unfavorable lmpres slon, shares showed a slightly downward tendency today. PREDICTS WAR WITH JAPAN Senator Taylor Says Conflict Will Come Eventually. KANSAS CITY, July 8. A special to . v. SJQS .S-Si M 1 L'- -t! ss.sjs.Bi ' -t- . the Times from Oklahoma City, Okla., says: United States Senator Robert Taylor, of Tennessee, in an interview here today said: "War with . Japan Is bound to come evehtually. I an. glad that 16 battleships have been sent to the Pacific Coast. If war were to be declared now, Japan could easily gobble up all of our Far Eastern possessions. Permanent peace can come to the United States by a large Navy, and I trust some day this country may have 100 battleships. I consider the building of the Panama Canal the greatest achievement of the age. The fact that with Its completion we could assemble the. Pacific and Atlantic war fleets within five days is alone worth the money." NOSE OF JAPAN'S BUSINESS Governor Chamberlain Approves the Transfer of Fleet to Pacific. SALEM, Or., July 8. (Special.) In answer to an inquiry today from the New Tork World, Governor Chamber lain today gave the following opinion of the plan to mobilize a battleship fleet on the Pacific, and of the Japanese view of such action: "The plan to mobilize American bat- F7 A v r- "; , tV'-'f'''inVn ' ' ' fhtHtitlfiSRiii Wfclsfltw liiftiiWrtifiTlssstf Vlee-FTesldent C W. Fairbanks, Who Rescued a Woman From Drowning Yesterday. tleslilps in the Pacific meets with my approval. I know not what view the Japanese nation would take of this movement, and I care lesr. Do not think thlr opinion should be consulted, but believe this Government should act for Its own protection, without consult ing the views of any other, nation." GOOD MOVE, IS DFATEX'S VIEW Pacific Coast Needs Fleet, Having Poor Land Defenses. NEW TORK. July 8. Admiral Dewey, who Is sojourning for the Summer at Richfield Springs, N. T., is quoted in an interview published In the American to'day as saying in regard to the trans fer of the battleship fleet to the Pa cific: "It is a. pity we have not ships enough to keep powerful' fleets in both oceans, but since we have not it seems that in the interests of peace it is best (Concluded on Page 2.) CONTENTS TODAY'S PAPER The Weather. TESTERrATS Maximum temperature, . 86 degrees; minimum, 61 degrees. TODAY'S Fair and cooler; -westerly winds. Foreign. American deleatns at The Hague propose permanent arbitration court. Page 8. Disturbances rn France renewed. Page 8. Chinese Governor assassinated. Page 3. National. p Japanese opinion of fleet movement. Page 1. Various opinions in United States on. guar rsl with Japan. Page 1. . . rwmestic. Standard Oil Company offers no evidence against being fined. Pae;e 2 Civic Federation report in municipal owner ship. Page . . Telegraph companies accused in New Tork of forming trust. Page 4. Fairbanks saves woman from drowning. Page Chicago professor makes great discovery In Egypt. Page 2. Knabenshoe will make long flight In airship. Page 3. Racetrack magnate attacked with dynamite. Page 8. Sport. Western golf Winners of championship Page 7. Pacific Coast. Bchmlts sentenced - amid dramatlo scene. Page 1. Bradley's evidence shout bomb-throwing in Haywood trial. -Vase . Tescbers convention opens at Los Angeles. Page 5. Oregon militia successfully repels Invasion by "foreign" fleet at Fort Stevens. Page 1. Trial of Glass begins. Page 1. Fairbanks friends may try to start boom at Eedeavor convention. fage i. Washington commission presents expert's opinion on cost of replacing O. R. ft N. roadbed. Pee 6. Wheat crop ready for harvest in few days; prospects bright. Page 6. Portland and V trinity. Cooking course may be added m High Schools. Page 1. School Board apportions Contractor Ben nett's fine among his credltora Fags 10. Dr. wheeler resigns as City Health Officer. Page 11. Hasamaa complete arrangements for climb of Mount Jefferson. Page 11. Old spirit prevails In Ban Francisco, despite dtaadvantagea page 1. Oar runs wild down Ford, street grade. Page 16. Commercial and Marine. - Prune prices advance after crop la gold. Page IS. Elghest prices paid at last wool sale at Shanlko. Page 15- Sharp break In wheat at Chicago. Page 15. Stocks affected by uncertainty of money xnaraet. fage la. -Bnoya placed, to mark the south channel wntrnnoshta to Cnlumwa TUvei ptag xt. rf . . is- i ILL THERE SE A FAIRBANKS BOOM Busy Days Are These for Politicians. CLANS GATHERING AT SEATTLE May Turn Endeavor Conven tion Injo Political Coup.-. PLOTS AND COUNTERPLOTS State Iea-ders Hope to Make Capital tor Themselves and Display Their Usefulness to the Big Chiefs From. Washington, .. . SEATTLE, Wash., July 8. (Special.) The coming of Vice-President (Jharlea Warren Fairbanks this week 'will give a' live interest to the political lights 'of: 1908 that politicians have spent a partj of the Summer in trying to shape up. i Those men who follow politics either as a pastime or as an occupation have been groping In the dark for several months,; trying to locate a real straw that will! Bhow the drift of feentlmcnt and give something to tie to in this muddle the Introduction of the direct primary system,' is expected to create. Jones' Senatorial candidacy was ex-' pected to stir up an interest that would show something of the political feeling of the state, but the real announcement of the Yakima Congressman's plans has been deferred until politicians have ac cepted a declaration of candidacy as a fact, and the official statement will lose some of Its effect. Bentor Levi Ankeny has told friends he will be a candidate again, but he has done nothing toward organization this year and politicians are skeptical about his announcement. It is an open secret that Charley Sweeny, of Spokane, would get into the fight if Ankeny would get out, but he is tied up. Politicians Kept Hungry. Neither the announcements of Gov ernor Mead's determination to seek a re-election nor S.' G. Cosgrove's declara tion that he wants the Gubernatorial nomination has given hungry politicians a morsel of gossip to feed npon. The Spring municipal elections in the big cities, that usually begin to stir up po litical interest nearly a year in advance, have been approaching slowly, without even a life-sized whisper of a line-up of any faction. It is an off-year for poll tics, anyway, and the followers of that game have groped In vain for something on which to hang a trace of an organiza tion or at least to talk about Intelli gently. Fairbanks' arrival, right on the heels of the coming of Secretary of the In terior James R. Garfield, and with a promised visit from Secretary Oscar Straus, of the Department of Commerce and Labor to follow Immediately and Secretary of War William H. Taft com ing in September, makes Presidential pol itics in this state take precedence over local quarrels. ' Roosevelt Keeps Tab on State. Judge R. A. Balllnger, Commissioner of the General Land Office, has been here a week or more. Ballinger has said he is gotng to retire next-Winter, but in the meantime no one doubts that he will carry back to Washington all the politi cal gossip of the state that he can pick up. Beyond reiterating the deep concern of the President for the welfare of this state and the preservation of the forest reserve policy, Judge Balllnger has con tributed nothing to the talk of politics. He has made half a dozen speeches, but they all tingle with kitchen cabinet ap preciation of the Roosevelt Ideas. And, right now Is coming Vice-President Fair banks, whom the Western public accepts as the logical anti-Roosevelt candidate for the Presidency, despite the assurance from Fairbanks' friends that he will continue the Roosevelt policies. Secretary Garfield will have a chance to do politics here. He is to speak at an informal luncheon of the King County Republican Club on Thursday. L. H. Gray, president of that club, is so fearful that he will commit himself some way that the intimation has gone forth that Garfield must keep away from embarrassing topics. Gray kept John Barrett so far away from real business that the ex-Portland newspa per man ' talked half an hour about new men in politics to an audience of tnen composed entirely of officeholders. offlceeeekers or men who had been fol lowing; the political game since boy hood. He will try to do the same thing with Secretary Garfield, but the fact that the Secretary 1 to talk Just before Fairbanks comes has given poli ticians the hope that he may say something- with life In it. Busy Days for Fairbanks. Fairbanks has promised the King County Republican Club to make an address at a banquet to be tendered him if he has enough time. ' He is set down for a Christian Endeavor speech, an Endeavor excursion, an address be fore the State Bar Association, and a number of side entertainments. It the Vice-President will talk, President Gray has assured him of an audience of 1000. "But there's to be no politics, no X Concluded on -Pag 4