THE MORXIXG OREGOXIAN, WEDNESDAY, . AUGUST 7, 1907.
BLQDD IS DRAWN
IN HALSEY TRIAL
Lawyers Have Slugging Match
in Court After Calling
Names.
NONCOMBATANT GETS HIT
Johnson and Schlessinger Call One
Another Rogues and Then the
Fun Begins Johnson Fined
for Starting Quarrel.
SAN FRANCISCO, Aug. 6.-Hlram "W.
Johnson, attorney for the prosecution,
and Bert Schlessinger. attorney for the de
fense, called each other rogues and in
dulged in a flat fifrht at the counsel table
In the Halsey bribery case this morning
during the examination of a Juror. The
only physical sufferer In the brief battle
was Assistant District Attorney William
H. Cook, the bridge of whose nose was
ahrased and bloodied inadvertently by
the knuckles of Mr. Johnson, who at the
moment was engaged In guiding a high
right-hand over-swing to the left eye of
Mr. Schlessinger. The face of Mr. Cook
being Interposed, the blow reached a pre
mature destination.
After the fight, which lasted, leas than a
minute, both of the warring attorneys
apologized to the court.
Charles M. Depew was the Juror- under
examination, responding to questions by
Mr. Johnson that he had a. bias and preju
dice against the prosecution because It
was being financed by a specially raised
fund of J100.000.
Epithets Begin to Fly.
Then," queried Mr. Johnson very
sharply, "you don't think it's a decent
thing for private individuals to sub
scribe money for the prosecution of
thieves, rascals, scoundrels and rogues,
do you ?" .
"'One moment," cried Mr. Schlessin
ger, springing to his feet and thrust
ing a finger at the court. 'If your
honor please, I object to the language
of counsel and I assign it as unpro
fessional misconduct."
- Mr. Johnson also arose with alacrity,
his face flushed with excitement. Half
turning to Mr. Schlessinger. he said:
"And I object, if your honor please,
to being stigmatized by this rogue
V. - t lit. haad 4ot.1rin0.lv
. inwiir.l hia ftnnnnent
Mr. Schlessinger faced him. "And I say
you are an infamous rogue," he ex
claimed.. Then the Fists Whirl.
Then they began to fight. It will
never be recorded who struck the first
blow, but the best Judgment at the
Improvised ringside was that Mr. John
son aggressed. Mr. Johnson is of me
dium height and quite heavy. He wears
glasses. Mr. Schlessinger is a bi tall
er, some pounds lighter and possesses
an obvious advantage in reach. The
space in their immediate vicinity was
a whirling tangle of clenched flsts and
the lnteijected forms of bystandtng
peacemakers for the best; part of a
minute.
Messrs.- McPIke and Humphrey" sprang
to Mr. Schlessinger and he was pulled
back until he lay face up over the arm of
a chair. District Attorney Langdon, Assist
Duffy, : Mr.. Johnson's law partner, sur
rounded Johnson. Rudolph Spreckels and
Charles W. Cobb, of the prosecution, be
came figures of intervention, and even
the defendant, Theodore V. Halsey,
Jumped up and wedged into the scurllng
mass.
Both Apologize, Johnson Fined.
Being effectually separated, Mr. John
son drew his handkerchief and wiped the
drops of exertion from his brow. Mr.
Schlessinger was released by his friends
and assisted to his feet. After they had
glared at each other for a breath. Mr.
Schlessinger addressed the court.
"I wish to extend my apology to the
court," he said.
"So likewise do I," said Mr. Johnson.
"I regret very much that any such scenes
should have occurred."
"Now will you proceed with the exami
nation, Mr. Johnson?" suggested Judge
Dunne.
After Mr. Depew had been excused
on challenge by the prosecution and a
new venire of 50 names had been ordered
for the completion of the Jury, Judge
Dunne adjudged Mr. Johnson guilty of
contempt of court and imposed a fine of
$25 on the :tore that his language in call
ing Mr. Schlessinger a rogue was of itself
misconduct in the presence of the court
and rtsponslble for the flst fight.
After the battle Mr. Cook corrected an
inaccuracy. He explained that the crim
son asterisk on the bridge of his nose was
not imprinted by the knuckles of Mr.
Johnson, but by a diamond ring on the
right hand of Mr. Schlessinger. ,
"I was the helpless center of a fighting
mass," said he, applying his handkerchief
to the bleeding member.
Fight Jurors Secured. -
Seven talesmen were examined and dis
missed from the Jury box for bias in
short order this 'morning.
' C. Eastman, a printer, the eleventh
juror, was seated, subject to peremptory
challenge. Wallace Bradford, a retired
merchant and a member of the Union
League, was accepted as the twelfth con
ditional juror. Edwin Bonnell, who es
caped the peremptory challenge and was
the first of the four men thus far sworn
to try Halsey, made a statement of ill
health and was excused reluctantly by
consent of counsel. Francis L. Bird, re
tired dry goods merchant, qualified fsr
the vacancy created by the excusing of
Mr. Bonnell, completing the tentative
panel.
. The prosecution then peremptorily chal
lenged John S. Young and the defense
peremptorily challenged John Q. A. Pat
terson, Wallace Bradford and W. H. East
man. This left one peremptory challenge
remaining with the prosecution and two
with the defense. 'The five unchallenged
Jurors were sworn, making a total of
eight men finally were- chosen for the
trial panel.
ins trial was adjourned until 2 p. M.
Wednesday, when a new panel is return
able. .
ZIMMER SENT TO CITY PRISON
Vigorous Protests Fail on Deaf Ears
of Judge Weller.
SAN FRANCISCO. Aug. 6. Emll J.
Zimmer. of the Pacific Telephone & Tele-
graph Company, who refused to testify
in order to save Loils Glass from San
Quentin, objected vigorously when Judge
Weller directed today that he be taken
cusations filed against him by District At
torney Langdon.
Added to his objection was the vigorous
talk of his attorney. C. H. Falrall, but
objection proved futile. Judge Weller
declared that the law must be complied
. with and that he could see no reason why
the prisoner should be treated differently
from any other. Under his direction
Policeman Morgan took the accused tele
phone magnate to the City Prison and
there his name was formally entered on
the prison register. He was then returned
to the courtroom, where his arraignment
was proceeded with.
BENSON TRIAL THURSDAY
Accused Land Thief's Dilatory Mo
tion Overruled by De Haven.
SAN FRANCISCO, Aug. 6. The applica
tion of John A. Benson for a bill of partic
ulars In" the case of the alleged fraudu
lent acquisition of lands in Tehama Coun
ty was denied, and the demurrer overruled
by United States District Judge De Haven
today.
W. S. Wood, representing E. B. Perrin
Indicted with Benson, argued that if fraud
had been perpetrated at all it had been
against the state of California, and not
the United .States Government.
United States District Attorney Devlin,
in reply, held that the fraud had been
perpetrated on the United States indirect
ly. The ruling of Judge De Haves ap
proved the indictment, and the case will
go- to trial Thursday.
WIN IF TAKES TWO YEARS
Petriella Declares Purpose of Me
sa ba Range Miners.
DULUTH, Minn., Aug. 6. Teofila Pet-
TWO ARCTIC EXPEDITIONS
Lo sip - I jswrrsr j l f
I V 72 gJtex"zdJ
fi ST 'V
AJASKA- 2!r
MAP OF THE NORTH POLAR REGIONS.
Preparations for the Wellman-Chicago Record-Herald expedition, to the North Pole
In a dirigible balloon, which have been going on for some time, are nearly completed.
The start is to be made in about two weeks. Then the' mammoth cigar-shaped balloon,
with its suspended steel car, will be filled with hydrogen gas and will start from
the Island -of Spitsbergen to find the axis upon which the earth rotates.
On April 28. 1908, Peary reached the most northerly point on the globe upon
which human feet ever reBted. This was in latitude 8T deg. 6 mln. The Peary crew
will soon be ready to make a new dash for the pole, the finding of which has baf
fled many a daring adventurer,, including the fearless Andree, who was lost somewhere
within the frigid Arctic Circle.
riella, leader of the Western Federation
of Miners, arrived, in Duluth this even
ing. "We have not been getting a square
deal on the Mesaba range and we pro
pose to win this strike if it takes two
years," he said. "We are bound to win
In the end."
Today at Eveleth two Federation strik
ers were fined $100 for intimidating
miners.
WRIT OF MANDAMUS ASKED
Bell Telephone Company Must Fur
nish Service Despite Strike.
BUTTE, Aug. 6 A Helena special to
the Miner says that suit for a writ of
mandamus to compel the Bell Telephone
Company to furnish telephone service In
Helena was brought in the District Court
today by the Helena Cab Company. It
Is rumored the suit was instigated by the
Bell Company on account of the labor
troubles here. The bill recites that the
company is a public utilities concern, ex
ercising the rights of eminent domain,
holding franchises, and as such, owes a
duty to the public to furnish service.
The matter has not been set for hearing.
In the Federal Court today Judge Hunt
listened to arguments on the application
of the Bell Company for a temporary in
junction to enjoin the unions from con
tinuing In effect the boycott at Living
ston. VILLi W EED OUT UNION MINERS
Cripple Creek Mineowners Take
. V Measures Against Federation.
COLORADO SPRINGS, Colo., Aug. 6.
A special from Cripple Creek says:
Following . la the decision of the Mine
Owners' Association, which met in con
ference at Colorado Springs yesterday,
to strlcfly enforce the "card permit"
system in the Cripple Creek district,
several of the mining companies dis
charged miners supposed to be union
men. Other mining companies, it is said,
will Immediately weed out all union men.
This action la taken in anticipation of
an attempt by the Western Federation
of Miners to reorganise the district. The
return of W. D. Haywood to Colorado
had much to do with the decision of the
mineowners.
Left Estate in Oregon.
LOS ANGELES. Cal., Aug. . O. E.
Smith, attorney for some of the heirs
of Patrick and John Mahon, who are
supposed to have left a large estate, has
finally learned that they invested largely
in timber and mineral land in Coos
County, Oregon, and Northern California.
The Mahons wandered all over the West
and corresponded with a nephew at
Clinton, 111., but he finally lost sight of
them and only heard indirectly of their
death. They are believed to have had
an account ' In the Hibernia Bank and
search is being made among its old re
cords. Neill Works to Settle Strike.
WASHINGTON, Aug. . Charles P.
Neill, Commissioner of Labor, is in
telegraphic communication with P. H.
Morrissey, grand master, and other of
ficers of the Brotherhood of Railway
Trainmen, in an endeavor to bring
about a peaceful settlement of the
strike of switchmen employed by the
Colorado & Southern Railway Com
pany, and to prevent, if possible, the
enforcement of a general strike order
calling out all tho trainmen employed
by the road. ,
Refuse to Shorten Workday.
SCRANTON. Pa., Aug. 6. Representa
tives of silk mills In the Lackawann and
Luzerene Counties have refused a shorter
workday to silk workers. More than
5000 jersons are now on strike.
ORDERED TO CLOSE
(Continued from First Page.)
remaining la Astoria to . spend thet
money.
Cripple City's Finances.
They also say it will cripple the finances
of the city and will result in an increase
of taxation by cutting off a revenue that
they say would have amounted to fully
$20,000 from gambling games and slot ma
chines at a time when the city is going
ahead and Is making some needed public
improvements. One thing that is certain
to result is a curtailment of the expenses
In the various departments of the city
government for the balance of the year,
as In estimating the receipts and ex
penditures, the Council figured on the
gambling fines and slot-machine licenses
as a source of considerable income and
made the appropriations for the various
departments accordingly.
CHIEF, TO AID SUNDAY CLOSING
VTappenstein of Seattle to Close Up
Mosquito Fleet on Sunday.
SEATTLE. Wash., Aug. . (Special.)
Chief of Police Wappensteln has been
WILL START THIS MONTH
informed by Corporation Counsel Cal
houn that since the annexation of
West Seattle he has jurisdiction over
the waters of Elliott Bay. As & result
Wappensteln- will serve notice on the
boats of the mosquito fleet that they
must cease selling liquors within the
Seattle harbor on Sunday. The admin
istration at Bremerton has complained
that the boats plying- between Seattle
and Bremerton are selling liquors and
emptying loads of drunks in the navy
yard town. Wappensteln will prohibit
the selling of liquors as far out into
the Sound as his jurisdiction extends.
UKIE
FIGHT OVER GAMBLING CRE
ATES TWO FACTIONS.
Church People Assert That State
ment Indorsing Mayor and
Council Misrepresents Town.
The fight is on at Mllwaukie between
the supporters of the Mllwaukie Club and
those opposed to it.- Meanwhile the club
remains closed and the tiger is securely
caged. The contest Is waxing intensely
bitter. It is asserted by those opposed
to the club that the statement indorsing
the action of the Mayor and Council
in licensing the ckrb. which statement
signed by 108 names, was recently pubr
llshed, does not present the views of the
people of Mllwaukie, and that a consid
erable number of those whose signa
tures are affixed to the document, are
not residents, taxpayers or voters.
Accordingly, a counter-statement in
the form of a resolution was drawn up
Monday night by a committee composed
of J. W. Grasley. B. M. Fish. F. Berk
lmelr, F. M. Fisher, and J. Armstrong,
setting forth that the people as a body
are opposed to the Mllwaukie Club and
demand that it remain closed for all
time.. B. Lee Paget, of Oak Grove, a
prominent temperance worker, who was
active in starting the reform wave that
resulted in closing the club, was present
at the meeting of the committee to give
aid and advice.
The circulation of the declaration was
begun at Mllwaukie yesterday. The com
mittee expects to secure the signatures
of some of those who signed the Indorse
ment of the Mayor and Council, who are
said to be already sorry that they at
tached their names to the document.
"The object of this ' movement," said
Rev. F. M. Fisher yesterday, "is to set
the people of Mllwaukie right before the
people. It has gone out that we favor
this gambling joint and want" it re
opened, but that is a most erroneous and
evil impression. At the meeting of the
committee Mr. Paget said hat if we had
read of a city any where in the country
that was in the situation Mllwaukie
has been represented to be in, then it
would be time to sepd missions there.
"I think that not more than 25 per
cent of the names on the Indorsement
are those of taxpayers and voters. The
others were picked up here and there.
Some we never heard of before. Some
aro carmen. Some names on that in
dorsement cause me amazement. One is
that of a prominent pillar ef a church.
We of the Evangelical Church expected
to get the Indorsement and assistance
of bis church Sunday, but when we read
his name on the indorsement of the Mll
waukie Club, we concluded not to ask
any assistance from that source.
"Our Justice of the Pesce circulated
that Indorsement of the Mayor and
Council and I am not sure that pro
ceedings will not be taken to have htm
removed. It is not true that the pros
perity of Milwaukle depends on the Mll
waukie Club."
J. W. Grasley, a member of the com
mittee which started the circulation of
the counter-statement, yesterday, said:
"We expect to show by this movement
that Mllwaukie was not In favor of this
gambling Joint. We shall get the sig
natures ,o the real residents and will
make no effort to pad the list, as was
done on the other indorsement. It has
been " said that the Milwaukie Club is
necessary to the prosperity and growth
of Milwaukle, but I don't believe that.
It Is announced the streets have been
improved and sidewalks laid with the
money from the club.' Where are those
streets and those sidewalks? They are
not to be seen. It is true we have a
City Hall, but that is all. The single
saloon, which, pays $600 a year, and our
taxes will be sufficient to meet all the
expenses' of the city and the club's
money will npt be missed."
Every man, woman and child in Mil
waukle will be "lined up" in this fight.
Those who think that the club was a
benefit to' the town, scoff at the opposi
tion, and declare that the counter-statement
will not be signed by more than 35
genuine taxpayers, but the members of
the committee were out late last night,
with their statement, rounding up every
body they could find.
Organizing Against Sunday Closing.
HOQTJIAM. 1 Wash., Aug. 6. (Special.)
At a meeting of the business men held
In this city this afternoon for the pur
pose of discussing the Sunday closing
law, It was decided to organize a Busi
ness Men's Protective Association. C.
M. Davis was made chairman and J.
H. Smith treasurer. The matter of cir
culating a petition to take the Sunday
closing clause from the city ordinance
was debated on and Councilman Rich
ardson said he would fight it separately.
He was answered by W H. Able, of
Montesano, and Lawyer Agnew; of Ab
erdeen. The meeting was a harmonious
one, the business men claiming they
should be allowed to remain open if
Aberdeen Is not closed. . -
Sixteen Warrants Issued at Aberdeen
ABERDEEN, Wash., Aug. 6. (Special.)
Sixteen Instead of 40 warrants as first
Intended were Issued today for aa many
saloonkeepers charging them with violat
ing the Sunday law. The complainants
were women of the W. C. T. U. Rev.
E. L. Benedicts' name did not appear
in any of them. Benedicts did not have
any warrants for men pursuing legiti
mate business, but will make the saloon
keepers 'test cases. If successful, the
arrest of the others will follow. The
saloonmen were ordered to appear in
court tomorrow morning.
STILL UP TO THE
XORJIAIi SCHOOL QUESTION UN.
SETTLED BY CRAWFORD.
Drain In Better Condition Than
Monmouth, However Result of
Political More in Legislature.
SALEM, Or., Aug. 6. (Special.) At
torney General Crawford, in his opinion
to the ' State Board of Normal School
Regents upon the question of the status
of the Monmouth and Drain Normal
schools, holds in e.iect that, since the
Legislature provided an appropriation for
the maintenance and support of these
schools it cannot be said that it failed
to do so; that it Is fair to presume that
the next Legislature will provide for the
expenses of these two schools, and that
the schools are legal institutions of the
state and the Board of Regents is auth
orized to conduct them but Is denied the
right to incur any indebtedness In ex
cess of the "appropriation. He holds,
however, the Board is authorized to re
ceive funds fro many 'source whatever,
sufficient to defray the expense of either
school, and sees no' legal reason why the
schools cannot be operated.
In his opinion the Attorney ieneral
states, however,, that "in the meantime
(preceding the action of the next Legis
lature),, mere is no appropriation un
der the law for the support of either
school." This still leaves the legal and
moral- phase of the case as viewed by
Mr. Ayer, still undecided and it re
mains for the State Board to decide that
delicate point. That Is that the State
'Board, in accepting donations from pri
vate sources, does so witn the Knowl
edge that the donors aepend upon the
next Legislature for reimbursement
which is a tentative violation of the law,
prescribing its duties and powers and
subjects the members to malfeasance.
Since the question iz still left open for
consideration it is probable a special
meeting of the Board will be called and
final decision made.
The Monmouth school has a prospect
of a legal revenue of $4000. per year and
it may be that the Board will decide to
permit the school to operate only to the
limit Of this fund, which would practi
cally leave the factulty witho. assur
ance of remuneration for their services,
but the Drain normal nas no funds what
ever and there is a question of its con
tinuance for any length of time.
The Monmouth and Drain schools were
plunged Into this embarrassing predica
ment through the successful manipula
tions of their political enemies In the
House of the last - Legislature. Their
appropriation bills, which were kept sep
arate until the last day, came up for
final consideration when, at a critical
moment Vawter, of Jackson County, suc
ceeded in tacking fie Monmouth bill onto
the Drain appropriation act and this
was, in a measure, res:, onsible for the
Governor's veto. But he laid greater
stress upon the maimer in which the
ballot was taken, the bill having been
declared passed by a majority of only
one vote but the discovery of a mistake
was made when a reconsideration was
had on the following morning and two
members Were allowed to change their
votes and the bill declared passed. Gov
ernor' Chamberlain -eld this procedure
illegal.
Johnstone to Succeed Pettus.
MONTGOMERY, Ala.. Aug. 6. The
Legislature today elected Joseph F.
Johnstone, nominee of the primary and
of the caucus, to succeed the late Sen
ator Pettus. v
No Change
'Necessary
Dr. Price's Delicious Flavoring
Extracts have always been hon
estly labeled; no change was nec
essary since the enactment of the
National Pure Food Law, either
as to label or their manufacture.
Vhey have had for nearly half a
century the patronage of the intel
ligent housewives of this country.
ASS
flavoring
Extracts
Vantna
Lemon
Orang
Rose. sts.
tim- ,::'LiihcheonS: :
Isflf
See fall
Pabst Blue Ribbon Beer is the ideal summer drink. It is cooling,
satisfying and refreshing. It makes the enjoyment of the outdoor luncheon
complete, for it is a food as well as a drink.
Pabst brews for food qualities as well as for purity and flavor. Pabst
found the only way to get all of the food-values out of the barley-grain
was to follow Nature in making the malt, by growing it slowly and
scientifically, and he therefore perfected the Pabst Eight-Day Malting
Process. Pabst Malt is richer in nutriment than other malts.
Pabst BlueRiob
is a more healthful, wholesome food than other, beers. The Pabst Perfect Brewing
Process blends the rich food values of Pabst Eight-Day Malt with the tonic properties
of the choicest hops under conditions that insure positive purity, while reducing the
percentage of alcohol to the minimum less than 3&.
Pabst Blue Ribbon is the ideal family beer, because of its food values, its purity
and its remarkably small amount of alcohol, making it a truly temperance drink.
When ordering beer ask for Pabst Blue Ribbon.
Made by Pabst at Milwaukee
. ' And Bottled only at the Brewery.
P.S
pWKIHiifflMHRMraiU
FINED S5Q FOR BRUTALITY
l,OXG, JR., FIXDS HIMSELF IN
HOT WATER.
Woman In Case Makes Serious
Charges Against Man Who Claims
to Come From Portland.
COLORADO CITY, Colo., Aug. 6.
(Special.) J. M. Long, Jr., claiming to be
the son of "Senator" Long, of Oregon,
was fined $50 in secret session of the po
lice court of Colorado City at 2 o'clock
this morning. He was then hurried away
from town by influential people.
The offense was beating a woman said
to be an inmate of a house in the redllght
district, Lucille Miller. The woman said
they had eloped from Portland and he
had compelled her to lead a life of shame
for his support.
'J ney were run out of several towns, ahe
said, one being Olympia. The fathers of
Long and the girl are said to be in Den
ver. TERRORISTS TO CONVENE
Fleeting Delegates From Russia to
Meeting In London.
LONDON. Aug. 6. Another Russian
political convention will assemble in
London during August. The Russian
Social Revolutionary party is the name
which its supporters give it, but ad
vices from Russia contend that the
party Is composed of anarchists and
nihilists.
Elections are . being held all over
Russia to chooee ten delegates from
each of the 86 provinces of European
Going
, Rates But Little More Than J For
TWO MORE SALE PERIODS ONLY
Aug. 8, e, lO Sept. 1 1, 12, 13
PORTLAND to
CHICAGO and Return . .... $71. SO
ST. LOUIS and Return . . . . . 67.SO
KANSAS CITY and Return . . . 60.00
ST. PAUL and Return 63. IS
To all other points In the East and Mlddlst West and
from ail other points In the Northwest, corresponding
ly low rates. v
90 DAYS FOB THE BOUND TRIP. Stopovers within limit.
C W. STINGER, City Ticket
Tke Beer of Quality
Charles Kohn & Co.,
Cor. 3rd & Pine Sts., Portland.
Phone Main 460.
ll!l;UIIW .III! QUI
Russia, and Siberia, will send enough
more to bring the number up to 1200.
Home Telephone Company Appeals.
LOS' ANGELHB, Aug. 6. The Home
Telephone Company has announced an
appeal to the United States Supreme
Court of Its suit to restrain the city of
Los Angeles from fixing the telephone
charges to citizens. In the United States
District Court the demurrer of the city
was sustained upon the precedent of the
Freeport. Til., water case, where the
SLUUIrXY
The pipe reigns supreme in Summer. If the fragrance of the weed is alluring,
neither "maid, wife, nor widow" will object. When "outing don't take
chances, but go prepared with the favorite brand.
LUCKY STRIKE WM
delights every one. Wind does not rob the bowl at a puff. The sraoke is good, fragrant,
lontr. cool no waste. Cured by special secret process. The box fits the pocket snugly.
Packet sixa, tin box. 10c The name " Patterson " stands ior quality.
Ji This
-ON THE-
Agent
sj'1sl
1 wSiftti
a n
mmunmmimMMunnimii f
.inn... .
United States Supreme Court found in
favor of the city. The Telephone Com
pany claims that its case -Is analagous to
the Detroit and Cleveland cases, where
these cities sought to reduce the passen
ger rates but were restrained by the
courts.
Heat Kills One and Prostrates Eight
ST. LOUIS, Aug. 6. As a result of to
day's excessive heat one man died to
night and eight were prostrated. This
afternoon it was 93.
fig? &ve-
"MUM.
Summer ?
the Round Trip
!1 J-J33SSB!3
WHEN you take a trip across the conti
nent you, of course, want the finest
scenery, the best and fastest trains,
with through . cars and most luxurious
accommodations. Then buy your tickets
at the. City Ticket Office of the O. R. & N.
Third and Washington Sts.
WM. McMURRAY, Gen'l Passenger Agent