VOL. XLVI.-XO 14,538.
PORTLAND, OREGON, SATURDAY, JULY 13, 1907.
PRICE FIVE CENTS.
V -
HAYWOOD UNDER
FIRE PROM BORAH
Two Theories of De
fense Conflict.
HIRED LAWYER FOR ORCHARD
Yet Insist He Executed Private
Vengeance.
REBUTTAL BEGINS TODAY
Jfaywood Admits Intimacy With
Orchard, but Denies Paying for
Crime Witness Arrives to Dis
prove Mullan Poker Story.
BOISE, Idaho. July 12. (Special.) On
his cross-examination W. D. Haywood
sought to restrict tho operation of the
rule heretofore announced under which
the Western Federation of Miners aimed
to defend Us members anywhere who
might be accused of crime. He stated
that it applied only to cases in which the
organization had an Interest by reason
of being charged with some measure of
responsibility. Later on, when, near the
close. Senator Borah propounded a ques
tion whether, if Orchard and Simpklns
had killed Steunenberg for personal
reasons, the Federation would have taken
up the defense, Haywood with hesitation
replied in the negative. As it has been
stated -ery insistently throughout the
trial that Orchard committed the murder
because of having lost his interest In
the Hercules mine, the answer left the
two subJecU much entangled and hung In
the air.
Rises to Bother Defense.
Another matter that constantly arises
to bother the defense is the employment
of Fred Miller to go to Caldwell to defend
Thomas Hogan, by which name Orchard
was then known. Haywood testified
about the matter today, going Into the
subject of the telegram sent by Simpklns
on January 4, announcing he could not
get an attorney at Spokane to defend
Hogan. Mr. Borah asked him why it was
that he sent such a dispatch, when he
had secured Miller the day . before, and
Haywood did not attempt to answer.
Disprove Poker Game Story.
It developed today that the man who
was Orchard's partner In the wood busi
ness in the Coeur d'Alenes, in 1895, was
Dan Galney. of Walla "Walla, the man
who had both feet blown off at the In
dependence depot. He is the man who
wrote the remarkable letters to Orchard
after his confession. Mr. Galney Is here
to Impeach Domlniek Flynn, one of the
men who testified that Orchard was
playing poker at Mullan on the day of
the destruction of the Bunker Hill &
Sullivan mill. He win testify he asked
Flynn shortly after that date about Or
chard and Flynn told him he had not
seen Orchard for many weeks.
There will be no motion on the part
of the state to strike out any part of the
testimony, and the rebuttal will begin as
soon as one more witness has been heard
for the defense In the morning.
HAYWOOD STANDS FIRE AVELL
Admits Knowledge of Orchard, De
nies Complicity in Crime.
BOISE, Idaho. July 12. William D.
Haywood, the defendant charged with
the murder of Frank Steunenberg, left the
witness chair this afternoon. He had been
under examination six hours, the time
being equally divided between his own
counsel and Senator Borah, who con
ducted the cross-examination. Haywood's
testimony in his own behalf practically
closes the side for the defense. One wit
ness will be called tomorrow morning and
his examination will take up about 15
minutes. Counsel for the defense will
then -announce their close, and the state
will begin the rebuttal, unless motions to
strike out certain parts of the evidence
should be brought forward by the de
fense. Counsel for the state announce
their willingness to abide by the instruc
tions' of the court to the Jury and will not
occupy time with arguments on motions
to strike out. There is now a prospect
that the case may be brought to a con
clusion within two weeks.
Faces' Borah's Rapid Fire.
The announcement that Mr. Borah
would cross-examine Haywood brought
out in unusually large attendance. When
Clarence Darrow, Haywood's. . counsel,
closed the direct examination of his client
and quietly remarked: "You1 may cross
examine," the prisoner-witness turned In
his chair and faced Mr. Borah, his face
pale and Jaws firm-set. There was a stir
in the courtroom and then an absolute
silence. Mr. Borah's closs-examinatlon,
always rapid-fire, was more than usually
quick today, but from first to last, Hay
. wood preserved complete self-possession
and control. At times his replies came
as quickly as the questions were flung at
him. Again he would hesitate and speak
slowly with a marked emphasis. His
voice, low and musical, was seldom raised
except once or twice, when a flat denial
was given.
Mr. Borah's manner was courteous
throughout, but now and then a tinge of
sarcasm or of sternness appeared as he
Insisted on a direct answer and Haywood
appeared reluctant. Haywood, In turn.
wa a. courteous) aa th crasa-examlnec.J.
Invariably he addressed Mr. Borah as
"Senator" and repeatedly asked permis
sion to explain when he thought there
might be some misunderstanding. Once,
when Mr. Borah pressed Haywood as to
his sentiment toward ex-Governor Steun
enberg. Haywood said quietly and with
a smile:
"I felt no different towards Steunenberg,
Senator, than I do towards you or any of
those people."
Mr. Borah looked up quickly, out he did
not smile. He said very. quietly:
"Yes, I have been given to understand
something of that sort," and did not pur
sue the subject.
Admissions and Denials.
Haywood made no effort to deny his
knowledge of Orchard and his affairs or
his connection with Simpklns. He was
pressed closely as to the passage of tele
grams relating to the engagement of
counsel to defend Orchard, and In this
connection admitted that he knew Simp
klns had retained counsel, but that there
was no record of any report from Simp
klns to the officials of the Western Fed-
Olfford rinchot. Chief Forester of
United states.
eration. Haywood explained the draft
sent to Simpklns for $100 on December 21,
1905, on the ground that Simpklns had left
money with him for safe keeping. He had
no acknowledgement of the receipt of the
money, and has not heard from Simpklns
since that time.
Haywood In many particulars confirmed
Orchard, but where Orchard connected
Haywood1 or the Western Federation with
crime, the witness was very emphatic and
prompt In his denials. He showed no
hesitation or desire to conceal the fact
that Orchard had visited him at his house
or that he on different occasions had in
timate conversations with Orchard.
Throughout Haywood- rang the note of
antagonism to what he calls the capitalis
tic class and his confirmed view that only
by such methods as those followed by the
Western Federation, can the worklngtnen
hope to control the situation. "
Domlniek Flynn, one of the defense wit
nesses, was recalled by the state when
the case opened. He was asked as
to a conversation he had with Daniel Ga
ney at Mullan, Idaho, in 1899. The ques
tions were evidently for the purpose of
Impeachment. After Flynn left the stand,
Haywood was recalled and the direct ex
amination was continued.
Orchard at Haywood's House.
Haywood said that Orchard had been
at bis house three or four times. Most of
the members of the union when they
were in Denver called at his home, the
witness declared.
"Did vou ever rail nn nrnhrH" .4
Mr. Darrow.
"No sir. never."
"Did you ever have anything to do with
(Concluded on Page 5.)
PICTURES
; . J
t y .vsv i
t r it
S $xi
i I r i
: $ 7 , 1
II . J 3- MS t I I
r' Y
t - t
EAST BTARK STREET. WHICH IS BEXNO FOXED AT A COPT OF U0,OOO, AND WHICH WII.I. BE AX IMPORTANT THOROLOHFARK BECAUSE OF ITS
CONNECTIOJT WITH THE BASE IXNE ROAD. ,
Few factor. In the present upbuilding of Portland are more Important than the filling In of the low land on the East Sid. of the river. During the past year
many streets have been filled to grade and low land In the business center has been brought up to basement level. While a great deal of this work has already
been accomplished, resulting In solid streets In place of elevated roadways, and substantial foundations for business buildings, there are still other extensive nrojects
or the same kind soon to be taken up. v J a
P ot the Important fill, now being made Is that of East Stark street, from East Water to East Seventh and from East Ninth to East Twelfth Of this
stretch the street has already been filled by private contract from East Second to East Water, and gang,' are now at work between Union avenue and East
Second, where the accompanying Illustration wa. taken. The fill 1. being mad. by the Pacific Bridge Company and th. cost will b. about 1120.000. The dirt
is brought In dumpcars from North Mount Tabor. , . .
DWh? .""I ,mP?vemfnt " completed. East Stark street will be filled to grade from East Water to East Twelfth, and beyond that filling Is not needed.
JutthVtrt"wm b. weU fmproved.nt'nU'""n ' E" 6tark-' and tha """ar will b. an Important on. a. soon a. th. fin i. completed. From East Twelfth
. -....s
E
ATTACK BY NIGHT
Tug Playing Role of
Torpedo Flotilla.
TRYING TO PASS THE FORTS
If Boat Gets Into Harbor Fort
Stevens Is Taken.
TROOPS ASLEEP AT GUNS
Practical Demonstration of What
Might Happen in Case of War.
Soldiers Keep Up Successful
Attack on the Invaders.
TUG HAS PUT TO PEA.
FORT STEVENS, July 12. (Staff
Correspondence). The government
tug Guy Howard is leaving her
moorings below Port Stevens at 11
o'clock tonight to steam out to aea
and attempt to slip In past the bat
teries ' during darkness. Flashlights
are playing the harbor and ocean in
every direction and the forts are de
termined that the tug shall not get
by.
The little vessel is about the sire
of a torpedo boat, which it will rep
resent. Its success In saining the
harbor would .seem to indicate that
an enemy might perform the same
feat.
All the primary stations at the
forts are manned and the artillery
force Is sleeping at the guns. The
tug Is In command of Captain Gor
don. Captain Doble and Lieutenant
Crouch, representing the National
Ouard, and an Oregonlan represen
tative are aboard.
FORT STEVENS, Or., July 12. (Staff
Correspondence.) Simulated war Is on
at the mouth of the Clumbla River. A
hostile fleet is. In theory, out at sea- I
waiting a favorable chance to fight Her J
way past the land defenses and lay
tribute on Portland, Astoria and other
river cities.
Since 8 o'clock this morning, when
war was declared, the batteries have
repulsed seven squadron attacks and
driven half . dozen Jandi ig parties to
their fleet. Attacks from the sea have
been made at unexpected periods
through the day. each vessel poking Its
nose across the bar being designated as
a fleet of belligerent cruisers. . Mor
tars and coast rifles have been boom
ing a deafening welcome to all these
theoretical fleets. Men have been kept
on the run answering the shrill, quick
notes of the call to arms, and getting
into position for each succeeding brush
with the enemy. Had the guns been
loaded 'with projectiles the mouth of
the Colubmla River would have been
so studded with topmasts tonight as to
resemble the remnant of a forest which
has been swept by Are.
Tonight's maneuvers are occupying
ENEMY WILL MAK
OF PROGRESS IN THE MAKING OF A GREATER PORTLAND No. 3
SB
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the greatest Interest, from the fact that
the tugboat Guy Howard will make an
actual attempt to escape the batteries
and gain the harbor. The swift little
tug represents a flotilla of torpedo
boats and destroyers. The garrison Is
determined that it shall be sighted and
winged before It gets within 10.000
yards of the harbor. The harbor will
be watched as carefully tonight as If
an enemy were actually at hand. The
success of a flotilla of torpedo . boats
In getting Into the harbor and behind
the batteries would be fatal to Forts
Columbia and Stevens.
The searchlights will be manned
throughout the night, as it is not known
at what hour the tug will attempt to
creep Into the harbor. The attack may
come at 10 o'clock, at midnight or not
until 2 o'clock In the morning. The
artillerymen are sleeping behind the coast
guns and the Infantry supports are
sleeping on their arms, fully dressed and
ready to take the field at a second's' no
tice. Governor's Welcome Interrupted.
The first artillery duel of today oc
curred at 11:15 this morning. Just as
Governor Chamberlain, his staff, Adjutant-General
Finseer and Colonel Jack
son were arriving at camp from Seaside
to .witness the maneuvers. The elght
pounders were Just firing a salute In the
Governor's honor, when the lookout In
the primary stations sighted a steamer
off the bar. Call to arms was sounded,
the men rushed to their places and the
honorary salute had to be left half fin
ished. Under the conditions of war the
first and most Important duty was to put
the approaching fleet out of commission.
The mortar battery, manned by a
mixed crew of Oregon reserves and reg
ular coast artillerymen, opened fire at
11,000 yards. As the steamer crept In
closer, the 10-inch rifles were trained o
it. and a steady fire kept up for 15 min
utes. Governor Chamberlain and party were
driven to the front and witnessed the
engagement until the Invading fleet was
putj theoretically, out of existence. . Half
an hour of quietude followed, during
which the visitors were shown about the
fortifications. Then the observers In the
primary stations sighted a sailing ves
sel headed In. Call to arms passed from
battery to battery, the sharp staccato
notes of the trumpets giving an impres
sion not unlike that produced by a pack
of watchdogs that have suddenly dis
covered a prowler. The 10-inch battery
dealt with this attack, firing a dozen
rounds of blank ammunition, until the
squadron was declared at the bottom.
The batteries at Fort Columbia Joined In
the bombardment.
Governor on the Firing Line.
Not until afternoon did another alarm
sound. Governor Chamberlain and party
were entertained at Lieutenant-Colonel
Poorman's headquarters In the rear of
the 10-lnch batteries, where they were
Joined by the officers of the garrison.
Following mess. Colonel Jackson Inspected,
the Infantry supports, after which the
Governor's party was taken aboard the
Guy Howard, which then steamed across
the harbor to Fort Columbia, the return
to Astoria being made in time for the
late Portland train.
While at Fort Stevens the Governor
and party had an opportunity of ob
serving the work of the Oregon militia
men behind the coast defense guns with
the regulars. That the guardsmen had
become skilled In handling the big ma
chines of war during the brief week of
drill was the subject of considerable sur
prise. The men worked side by side
with the expert regulars In the primary
stations; they assisted in finding the
range and azimuth of approaching ves
sels at the batteries; they helped oper
ate the heavy artillery, adjusting the
pieces, loading and firing.
At 3 P. M. the briskest skirmish of the
day occurred, when two steamers ap
peared in the harbor at one time. One
steamer was outward bound and the
(Concluded on Page 14.)
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I
TO ENDEAVORERS
Crowd of 1 2,000 Hear
His Address. .
LAUDS CHRISTIAN WORKERS
Nation's Destiny, He Says, Is.
Guided by Christian People.
WINS HEARTS OF AUDIENCE
Oregon Delegation at Seattle Puts
In Another Busy Day Some
Xoted Men at the Conven
tion Are . Speakers.
F.M)EAVOK TRAGEDY AVERTED.
6POKANB. July 12. (Special)
Fire was discovered under the North
ern Pacific bridge east of Hatton.
Wash., this afternoon by section
hands. Flagmen whe were sent out
to stop all trains, met the Christian
Endeavor special, whloh was coming
at full speed. Just in time to stop It
within a few feet of the burning
structure.
It Is presumed that ashes from a
fire box of some engine was dropped
between an opening In the track, set
ting fire to the dry timbers beneath.
A stiff wind which had been blowing
causod the flames to ignite the entire
length of the bridge before the fire
had gained ah opening through the
dirt covering.
BY REV. MYRON L. BOOZER.
SEATTLE, Wash., July 12. This has
been the high day of the convention.
Seattle has discovered the convention
and the convention has come Into Its
own. Never has Christian Endeavor
seemed stronger nor been supported
by mora ample proof of Its effective
ness. The great attraction tonight
Is the visit of Vice-President Fair
banks, gonial, "popular and a great
Christlon. The Endeavorers gave him
such greeting as any man might covet.
In turn he delivered an address to the
12,000 delegates assembled. Oregon
may not bo solid for Fairbanks, the
candidate, but Is solid for him as the
master Christian and as a good citi
zen thoy are united.
Oregon delegates 'led a strenuous
life today and with scant time for
meals and none for rest they stored
away much knowledge for future use.
Early In the morning the delegates
began to gather at headquarters, and
armed with flags and badges they soon
made themselves conspiouous. With
the Oregon state song ringing and
their delegation yell resounding, they
had a short state rally. More are com
lng In every day from Oregon and the
state may well take pride In the repre
sentatives gathered here. A large seo
tlon of seats to the right of the speak-
FAIRBANKS
MIS
ers" stand Is reserved for their ex
clusive use. and no seat Is left vacant.
Some of the Great and Good.
He who delights In striking personali
ties will find his cup of joy brimming
over If he chances to be so fortunate as
to be at the Seattle Convention. No
one religious gathering brings together
such a company of men great and good
from the ends of tne earth as Christian
Endeavor gatherings In the international
conventions. Here are found the men
whose high privilege it is to shape relig
ious and intellectual life for a vast por
tion of the civilized people and these
same men, great and good, are here free
ly to give of their rich treasures for the
training of the young people.
And It is a good investment, as is wit
nessed by the thousands of trained In
telligent citizens whose first lessons were
learned in Endeavor schools. One hesi
tates to select from so large a company
of men, all with equal claim for pre-eml-
f
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if- ' 4 s v $ t
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I BiiiMiiiiBiiiiiiTiiitiffliiiiiiin H-"--v iiMwrinnrn.'h
f
T. H. Newell, Chief of Reclamation
Service.
nence, any single man or group, but not
all could be mentioned nor their deeds
recorded In these short days.
A prince among these great and good
Is Rev. Ira Landwlth, V. D., of Nash
ville, Tenn., the moderator of the last
General Assembly of he Cumberland
Presbyterian Church before the union.
Always the center of a group of dele
gates, he sheds his light and humor on
Just and unjust alike and some way the
fund never seems to run low or yet lack
lng. A convention without his smile
and stirring addresses would be "a rose
without the perfume."
Best In Hill Is Best ini AH.
The general utility man of the'TTnlted
Society Is one who for years. In fact from
the beginning, has been a trustee and
faithful friend of the society. Rev. James
T. Hill, D. D. No task is there he can
not fulfil and no task too humble to call
forth the best there Is In him.
And the best in Dr. Hill is beyond ques
tion the best there is In the convention.
Genial, possessed of great tact and large
energies, he makes sure that success at
(Concluded on Page 10.)
CONTENTS TODAY'S PAPER
Tho Weather.
TESTBRDATS Maximum temperature TT
degrees; minimum, 55.
TODAY'S Fair and sli&htlr wanner; north
west winds.
Foreign.
ult between Duchess de la Rochefoucauld
and French Countess on trial. Page A
Belgian officer expose horrors of Congo.
fagre a.
Emperor of Corea prisoner of Japanese and
lorcea to abdicate. Page 4.
National.
Interstate Commission recommends dlssola
tton of Harrlman's Pacific system.
Page 1.
President entertains Yamamoto and both
say America and Japan are friends.
Page .
Japanese spies caught sketching Fort Rose
crans. Page 4.
IOTnestic.
Mrs. Bowie and son acquitted of murder of
girl's betrayer. Page 5.
Mrs. Wl 1m art In committed to Insane Asylum
at Washington. Page 4.
Leading citizens of Toledo sent to work
house for organizing trusts. Page 2.
Valet masquerading as lord detected through
man he Impersonates. Page 8.
Teachers demand -higher salaries and stand
by simplified spelling. Page 4.
Peter Larson, second richest man in North
west, dies at Helena. Page 4.
Portland leads nation in buildings for six
months. Paga 3..
Kidnaped Mexican returned and tells story
of his capture. Page 4-
Telegraph operators In New York to strike.
Page 3.
Sport.
Portland shut out by San Francisco. Page T.
Travis defeated In golf tournament; finals
to be played today. Page 7.
Pacific Coast.
Buxton tells how he was trapped In re
ceiving bribe. Page 8.
Ban Francisco labor unions' oppose Laiig
don's plan for electing mayor. Page 3.
Haywood finishes testimony in own defense.
Page 1.
Vice-President Fairbanks talks to 12,000
Christian Endeavor folk. Page 1.
"Enemy" trying to take Fort Stevens under
cover of darkness. Page 1.
Oregon State Medical Society in session at
Seaside. Page 6.
Washington state officials and board of
control at loggerheads. Page 6.
Portland and Vicinity.
State political conventions may be called
next year. Page 14.
George T- Myers passes away at Seattle.
Page 11.
Prominent Federal officials In Garfield
party discuss- Federal Government's poli
cies. Page 10.
Secretary of Interior Garfield will spend
today In Portland. Page 10.
Dr. A. C- Panton charged with assault by
jr. jveuy, associate or "Fer-Don."
page v.
Commercial and Marine.
Strong position of American sugar markets.
I'age io-
Sharp fluctuations in Chicago wheat mar
ket. Page 15.
Firm undertone in stock market. Page 15.
Commodity prices at-high midsummer level.
T
E
Commission Will Re
port Against Him.
HIS ROADS ARE COMPETITORS
Union Pacific Must Sell South )
ern Pacific.
HARRIMAN'S PfyNS MADE
Attorney-General Advised That Com.
petition Is Killed Between Mis
sissippi and Pacific Harrl
man to Form Company.
XBW YORK, July 12.-fSpeela1.)-WaIl
street was- agitated late- this afternoon
by a rumor that the Interstate Commerce
Commission, which has been investigating;
the Harriman control of the Union and
Southern Pacific, will make public Its
report within a day or two and that It
will recommend a separation of the
Southern Pacific and Union Pacific rail
roads on the ground that they are com
peting lines and that their operation as
one system is against public policy and a
direct violation of the Sherman law. At
the office of H. H. Harriman the state
ment was made that Mr. Harriman had
no advance knowledge of the Commis
sion's recommendation and had received
no intimation as to when it would be
made public.
The Wall-street story declared that the
commissioners had unanimously advised
the Attorney-General to begin an action
to force Union Pacific to divest Itself of
an its southern Pacific stock, of which,
It holds 900,000 shares. According to the
report, so the story went, the two sys
tems are In direct competition from 'the
Mississippi Valley to the Paciflo Coast
and arbitrarily fix rates in testrao -f-,.
trade. The Commission believes, this
story. continues, that there Is ample law
to break up this combination.
It has been known for several months
that Mr. Harriman expects that some at
tempt will be made to prevent the Union
Pacific from holding the stocks of com
peting lines, and It Is said that his law
yers have been at work upon a plan to
enable the Union Pacific to divest Itself
of these securities voluntarily and there
by prevent long and expensive litigation,
such as occurred in the Northern Secur
ities fight. It is said that Mr. Harrlman's
plan Is to form a holding company sim
ilar to the Railroad Securities Company,
which he organized several years ago to
hold his Illinois Central stock. The
legality of this company has never been
attacked.
MUST SOT CHARGE TOLLS
Commission Decides Against Harri
man on Coast Line Traffic.
WASHINGTON. D. C, July 12.-A case
ot particular Importance to San Francisco
and the Paciflo Coast generally was de
cided today by the Interstate Commerce
Commission. It was what is known as
the San Francisco toll case, which In
volves the right of the Southern Pacific
Company' to charge as a part of its rate
to San Francisco a state toll of 5 cents
per ton.
The Southern Pacific reaches San Fran
cisco by two lines, the Oregon route, the
traffic by which is ferried from Oakland
to San Francisco, and the Coast Line,
which enters the city by an all-rail route.
The waterfront of the city has its title
in the State of California and the State
Harbor Commissioners have fixed a
schedule of tolls upon merchandise pass
ing over these state premises. On all
freight entering San Francisco by Oak
land, the toll charge has to be paid to the
state. The Southern Pacific Company,
however, charges the same toll on freight
which reaches San Francisco by the all
rall route, on which the toll does not
have to be paid to the state.
The defendant contended that it was
entitled to make the toll charge upon
shipments which did not cross the bay,
because it might properly impose on
transcontinental business any rate, not
unreasonable in itself, which it could get
in competition with water-carriers, and
therefore might Include in Its rate an
amount equivalent to the state toll.
In Its decision the Commission dissents
and orders that the defendant, the South
ern Pacific Company, shall strike from
its tariffs applicable to Coast line busi
ness that paragraph quoted in this opin
ion entitled "Toll at San Francisco, Cal.."
and shall cease and desist from making
any charge for toll at San Francisco,
Cal., when such toll charge Is not ac
tually paid by the carrier.
Cruel Experiment With Pups.
NEW YORK, July 12. The City Hu
mane Society has obtained summons for
Dr. O. B. Lawson and Dr. C. R. Brown,
of the Kings County Hospital, who re
cently sewed two living puppies together.
The doctors will have to appear in court
today. They have also been suspended
from duty by the city hospital authorities.
The doctors asserted that they had sought
to ascertain whether blood could be trans
ferred from one body to another, and if
skin could be correctly grafted in such a
manner. The experiment was not suc
cessful.
Train AVreck In Mississippi.
HATTIESBURG, Miss., July 12. In a
head-on collision between a Gulf & Ship
Island work train and an incoming pas
senger train on the Mobile, Jackson A
Kansas City Railroad, Engineer Harnea
was WUe4 an 4 nine others -were 1"jl'r,td
HARR
MAN
MS
DIVQRG
PACIFCS