VOL. XLVI.- XO. 14,601. PORTLAND, OBEGON, WEDNESDAY, SEPTEMBER 25, 1907. PRICE FIVE CENTS. CASE IS OPENED IT Burch Tells Story of Land Conspiracy. WAS ATTORNEY ALL THROUGH Acted First for Steunenberg, Then for Barber. WARNED BY LAND OFFICE Government Says Dead Governor Was Father of Conspiracy and Borah Was Acting In Carrying Out Timber Land Steal. JURY TO TRY SENATOR BORAH. BOISE. Idaho. Spt. 24. The jury to try Senator Borah la s follows: Jules C. Miller, farmer. J. B. Tates, president of the Bolae Bank of Commerce. J. 8. D. Manvillc. wools-rower. Thomas B. Gess. real eatate. A. C. Boot, printer and publisher. Ora G. Cox. carpenter. T. W. Randall, farmer. C. P. Bllderbock. president First National Bank, of Emmett, Idaho. Peter Neth. rancher. Albert Beck, rancher. K. S. Cushman. retired- rancher. Mr. Oess was foreman of tha Jury, which acquitted William D. Hay wood of the murder of Governor Steunenberg. In which caae Mr. Borah appeared aa prosecutor. BOISE, Idaho. Sept. 24. The Gov ernment todaj' revealed the charge In the caae of the United States Senator Borah, charged wrth timber land fraud. The Jury was completed at the morning; session and during; the aft. ernoon Judge M. C. Burch. of Detroit. ei:r-lecial assistant to the Attor ney-General, made the opening state ment of the prosecution. He arraigned the late Governor frank Steunenberg as the central figure In the alleged con spiracy by which It is alleged that more than 1T.000 acres of virgin forest land. .thick with towering pines, came fraudulently Into ' the possession of the Barber Lumber Company, a. Wis consin corporation operating a plant In this city. Mr. Burch connected Mr. Borah with the land transactions only as attorney, first for Steunenberg and then for the lumber concern. He declared that Mr. Borah Interested himself in all mat ters having an outward bearing on the land claimed by dummy entrymen, turned over to dummy trustees, and by them deeded over to the Barber Com pany. Borali Warned or Fraud. All of the deeds went through Mr. Bo rah's office and stand in the County Clerk's office as being recorded at his re quest. It Is alleged that Mr. Borah ap proached the Register of the Land Office with regard to several claims which were held up and was warned by that official that the claims were fraudulent ' and should be let alone. Charles H. Moyer, president of the Western Federation of Miners, who is out on ball awaiting trial in the Steunenberg matter, was an interested listener to Mr. Burch's arraignment of Mr. Borah. Dummy entrymen who say they swore falsely for money in the Interest of the members of the timber conspiracy, and George E. Long, one of the alleged dum my trustees, will take the stand, accord ing to Mr. Burch, and lay bare their part In the transactions which form the basis of the indictment against Mr. Bo rah and 12 others. Steunenberg and William Sweet, a min ing man, Mr. Burch declared, put up the first money, J75O0, to carry on the al leged fraud. Governor Steunenberg openly stated that he was Interested In securing timber claims as a speculation and in duced others to go In with him. One man approached was the present Governor, Frank Gooding, who, however, when he heard of the scheme, refused to have a part In it. Through A. B. Campbell, a mlneowner he met during the famous Coeur d'Alene trouble, Mr. Burch de clared, Steunenberg and his local associ ates were introduced to J. T. Barber and G. C. Moon, of Eau Claire, Wis. The lat ter put up 3S,000, which, it is alleged. Steunenberg disbursed as agent. Altogether, it Is alleged, three groups of land were secured by means of three rets of dummy entrymen and three dummy trustees. In all these cases the deeds of transfer were handled In the office and in the name of Mr. Borah as attorney. Got Pointers From Morrison. Mr. Borah Is alleged to have sought information of ex-Governor Morrison as to what land the State of Idaho -was taking out for school purposes. The information desired reached the Barber Lumber Company, which had been newly formed, and was Jotted down on its books. On the day for filing 45 men standing in line claimed tracts of land which is now held by the lumber company ' and which, strangely,' did not overlap the state's claims or the claims of each other, according to Mr. Burch. The Government attorneys say Mr. Siorah'a case, come uadej; -the head of a BORAH misdemeanor anaj;. not a felony, the maximum penalty upon conviction be ing a fine up to J10.000, or imprison ment up to two years. Kulck and Hawley Pass the Lie. District Attorney Ruick intimated in court today that persons had been ac tive in talking to prospective Jurors In Mr. Borah's behalf 'and . the statement was denounced as "an unqualified falsehood" by J. H. Hawley, of the de fense. Federal Judgot Whitson, who came from Spokane, Wash., to preside at the trial at the request of Judge Dietrich, of this jurisdiction, allowed a rather wide latitude In the examination of Jufars- This was due party to the fact that -he Government attostieys were confronted by many men who claimed political ane) .personal acquaintance with Mr. Borah and who declared that It would take exceptionally strong evi dence to destroy the regard in which they have always held him. The Gov- Governor Joseph W. Folk, of Mis souri, Who Made Vigorous Demo cratic Speech at NaahvWe. ernment accepted only those men who declared that the Senator s exalted po sition would not deter them in dealing equal and exact justice as between him and the United States. Mr. Ruick put each candidate for the trial panel through a long series of questions as to what he, personally, thinks of the District Attorney's course in the matter. The defense at first objected to many of the Interroga tions, but eventually allowed Mr. Ruick to have his way without hindrance. .-. . Questions Asked by Ruick. "Has It ever appeared to you," asked the District Attorney of each talesman, "that the charges against Senator Borah were trumped up for political effect?" "Do you believe the statement appear ing in a local paper that the Government at Washington was displeased with the action of the District Attorney In permit ting the Indictment of Senator Borah?" "Have you, from reading the papers. Imbibed or gained the Impression that the prosecution of these alleged land fraud ers was not In good faith that the Gov ernment was not behind, the prosecutors?" "Have you formed an opinion that the District Attorney did not act in good faith, but from personal motives?" "Would the argument that the Govern, ment having received in the first Instance Its full price for the timber lands taken Influence you to disregard any unlawful acts which surrounded the operation?" "Would you be slow to believe anything reflecting upon Governor Steunenberg or any other men of your community whom you have respected so. long?" "Finally, would you believe the evidence of a man who confessed to perjury before the land office If the Government has to depend upon the testimony of such men to make out its case?" Do They Believe in Conspiracy?" The opposing counsel have had sev eral clashes on the question as to whether or not a Juror can be disquali fied because of his belief or disbelief that a conspiracy to defraud the Gov ernment existed regardless of Mr. Borah's connection or disconnection with it. The Government; authorities contended that if a juror has belief as to the guilt or Innocence of any one of the 12 persons Indicted with Mr. Borah It disqualifies him from serv ing as a Juror for Mr. Borah. The de fense contended that Mr. Borah is the only defendant at the bar at this time and that the guilt or Innocence of the others has nothing to do with hie case. In this connection A. A. Fraser, counsel for the defense, made a statement that 99 out of every 100 persons In Idaho probably believe there was a conspiracy. The question before the court for determination, however, la only as to whether or not Mr. Borah was In any way connected with such a conspiracy. The Government attorneys, after con sulting authorities, came to the conclu sion held by the defense and withdrew their challenge against these Jurors who said they liad some opinion as to the ex istence of a conspiracy, but were not sat isfied of Mr. Borah's connection with it. One of the Jurors passed yesterday was discharged today because of prejudice against any and all corporations and their officers. BORAH DEMANDS VINDICATION Will Insist on Trial, Regardless or Fate or Other. BOISE, Idaho, Sept. 23. A decision in favor of the defendants who are trying to escape trial on technicalities In the land-fraud cases would, in all probability, bring to an abrupt close the trial of Sen ator Borah. Although Borah Is not a party to the pleas In abatement to be heard by Judge Whitson In the cases of Larkln and the other defendants, there Is no disposition to make the Senator suf fer while others escape. When asked concerning the action of the Government In the event the pleas In abatement are sustained, Judge Burch, the special Assistant Attorney-General in charge of each prosecution, said today: .(Concluded on . 4 . HARAHAN SCORES F Says He Lent Railroad Funds to Himself. GAVE WORTHLESS SECURITY Ex-President of Illinois Cen tral a Hypocrite. SO SAYS HIS SUCCESSOR Scorching Reply to Fish's Attack on Harahan's Methods Removed Because Trust to Railroad Was Betrayed. CHICAGO, Sept. 24. (Special.) An un authorized loan of Jl,500,000 made from the treasury of the company by Stuyve sant Fish to himself, and upon worthless security. Is assigned by J. T. Harahan as one of the principal reasons why his predecessor was ousted from the presi dency of the Illinois Central Railroad Company. This charge Is contained in a state ment issued, by Mr. Harahan today to the stockholders of the company, in reply to the. charges which Mr. Fish has brought against him. For methods of high finance, according to Mr. Harahan, Mr. Fish is hard to beat, for in addition to loaning himself money without the knowledge of the directors or the stock holders of the Illinois Central, he also loaned large sums to the Trust Company of the Republic at a time when he was a member of the executive committee of that Institution. It is further charged that large loans of the stockholders' money were made by the former president of the Illinois Central without authority to (the presi dent of the trust company and that the railroad suffered a large loss In conse quence. . In Mr. Harahan's opinion It is some what hypocritical for a man who has to ruthlessly betrayed the trust which the stockholders reposed In him to charge his successor with juggling of accounts and with padding returns In order to show phenomenal and false earnings. In the Harahan statement It is related that the railroad company was reim bursed for the Fish loan through the generosity of an unnamed director, who took all of the unmarketable security which Mr. Fish had put up with the railroad company and also a mortgage upon his residence in New York and up on his interest In the estate of the late Hamilton Fish. What Mr. Fish was doing all of this time with 12,000-odd shares of Illinois Central stock is not stated. ' . WOrLD AVERT FUEL FAMINE Governor Suggests That Railroads Grant Low Rates. That the railroads should put In a low STUYVESANT .sJL.ss .1 'a.stA.s.s.e.SiS jt-e.'i.Jija.-.-SL, is jiski .us.su -. ...........,.. rate on slabwood from sawmills in the southern part of the state to Eastern Oregon, where a fuel famine threatens. Is the opinion expressed by Governor Chamberlain to the Railroad Commlslon. He suggests that such an arrangement be secured from the Southern Pacific and O. R. & N. lines, so that people on the plains' In the bunchgrasa sections need not shiver through the Winter. The shortage of coal from Wyoming and Washington will. It Is feared, work a hardship on Eastern Oregon communi ties unless the usual fuel supply is furnished from some other source. -That the solution of the problem Is tha hauling or slabwood from the Valley mills, where they are burned as waste, is the belief or the Governor. HINDUS OFF TO SOUTHLAND Orientals Leaving Victoria by Hun dreds for California. VANCOUVER, B. C, Sept 24. (Spe cial.) Every Hindu in British Columbia who can raise the cash is leaving for California this week to reach the sunny South before frosty weather comes in the North. Last Winter Hindus in large numbers died In British Columbia, suc cumbing to the rigors of a Winter alto gether new? to them. Hundreds have been leaving within the last 10 days for Cali fornia points. CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 39 degrees: minimum. f.4. TODAY'S Cloudy, with occasional light rain; southerly winds. Governor Polk speaks on tariff and state rights at Nashville. Page 2. Foreign. Infanta Eutalia champions Mrs. McKea In her divorce suit. Page 4. National. No more political pull In Land Office Page 4. How Government money was wasted at Jamestown Fair. Page 5. -lowest bid for coal for battleships cornea from Alaska. Page 2. Politics. at Nashville. Page 2. Murphy narrowly escapes defeat in bitter Tammany primaries. Page It Nebraska Republicans want Taft for PresU dent. Page 1. San Francisco Republicans nominate Ryan for Mayor. Page 1. Domestic Judge Land is grants Alton Railroad im munity, but orders further inquiry Into rebates. Page 2. Savings bank manager discusses postal sav- , Ln?a bankaP.aaa r. . Parhamites torture joy to death; may be driven from ion. Page 2. Standard official gives damaging evidence of violation of Texas law. Page Harahan accuses Fish of borrowing Illinois Central funds. Page 1. Pacific Coast. Government opens case against Senator Borah. Page 1. Lonergan testifies ' to receiving bribe In Ford trial. Page 2, Senator Ia Follette tells politicians at Baker City he, is in race for president. Page 6. ' Pendleton Jury promptly acquits Rhonlmus of murder xrharge.. Page S. Covington and his chum BurHson suspected of murdering girl wife. Page 0 Aberdeen believes county division la sura to win. Page 7- Commerce and Marine. Pacific Coast oats to be sent to Eastern markets. Page 17. Stocks steady but buyers cautious. Page 17. Strong export demand helps Eastern wheat markets. Page 17. Steamship Indiana arrives from British Co lumbia. Page 1)5. ' Portland and Vicinity. Oregon Methodists meet in annual confer ence. Page 10. Mutual Insurance favored by heaviest 4eon- cerns. Page 12 Slte for new garbage crematory undecided. Page 11. United States Attorney Bristol preparing brief on appeal in land-fraud case. Page 5. O. R. A N- answers in Chamber of Com merce suit for reduction in distributive rates. Page 16- Recelver Devlin prepares to receive v claims of Oregon Savings Bank depositors. Page 10. Petition for rehearing filed in Port of Co lumbia case. Page 10. San Franciscodefeats Portland, 14 to 8 on local diamond. Page 7- Y'S RECEIVES SHOCK McClellan Almost Wins at Primaries BITTER CONTEST IN TAMMANY Efforts to Dethrone Mayor's Followers Fail. BOSS HAS NARROW ESCAPE Rioting in Xew York Grows Out of Fight for Control Repeaters' Driven Out Many Men Are Kicked and Beaten. CHICAGO, Sept. 24. (Special.) By cutting the majorities of the Murphy leaders In a dozen districts to the nar rowest margin and over-whelmlngly defeating the efforts of Charles Murphy to dethrone Maurice Featherson and Francis J. Lantry. followers of Mayor McClellan at today's primaries, the bitterest held In years, made definite progress in their efforts to dispose Mr. Murphy as leader of the Tammany or ganization. Throughout the day there was riot ing in many districts. On the upper East Side there were fights at practi cally all the polling booths, and the police were kept constantly on the Jump. In the eleventh district, where George W. Plunkltt made his pict uresque flght against Thomas J. Mc Manus, there was rioting all day. More than 200 policeman, as well as scores of deputy sheriffs, patrolled the dis trict all the afternoon and evening, and kept the large crowds moving. Bands of repeaters brought from Philadelphia and Jersey City were moved from place to place during the early afternoon, but every effort to take them to the polling booths, was restated by watchers of the opposing factions and the result'-'was that the repeaters returned home without vot ing. Scores of men attempting to vote on the names of registered x-oters were kicked and beaten so badly that in sev eral Instances they had to be taken to hospitals. PITCHED BATTLE ON STREET Street Corner Rowdies Start Free Fight, in Which Bullets Fly. NEW YORK, Sept. 24. Two men, one of them a policeman, were hurt in a serious disturbance In West Fifty-seventh street, just before the polls for the Demo cratic primaries opened this afternoon. In this district there was a hot contest for the Tammany leadership. How the trouble started is not known, but sud denly a street corner argument developed Into a free-for-all fight. Several shots were fired, a great crowd gathered and MURPH POWER for a time the police were unable to re store order. The policeman and the other man both had bad scalp wounds and were taken to a hospital. ' ALIi PARTIES IX CONVENTION Nebraska Republicans for Tarty and Democrats for Bryan. LINCOLN. Neb.. Sept. 24. The conven tions of the Republican, Democratic, Populist. Prohibitionist and Socialist par tics met at the State House today, per fected organizations and adjourned after appointing committees on resolutions. Governor George L. Sheldon was made chairman of the Republican committee, and P. E. McKillip chairman of the Dem ocratic committee. In the report of the Republican com mittee on resolutions. Secretary Taft was Indorsed in strong language for the nomination for President In ISO. The Democratic delegates admit that George B. McClellan, Mayor of n Vork, Who Shook Charles F. Murphy's Control of Tammany at f the Primaries. there is but one candidate for their ticket, and that is Bryan.' Most of them favor Johnson for the Vice-Presidency. REPUBLICANS CHOOSE RYAN ' Nominated for Mayor Over Taylor. Langdon Gets Unanimous Vote. SAN FRANCISCO. Sept. 24. Daniel A. Ryan, an attorney who has been promi nent in Republican politics, was nomi nated for Mayor by the Republican mu nicipal convention tonleht. The name of Edward Taylor, present Mayor, was also placed In nomination, but the vote re sulted In favor of Mr. Ryan by 104 to 45. William H. Langdon, the District At torney, was nominated to succeed him self. The vote for Mr. Langdon was unanimous. HEARST DENIES CANDIDACY Does Not Seek Presidency, but Will Back Independent League. NEW YORK, Sept. 24. In an interview published here. William R. Hearst takes occasion to deny that he Is a candidate for the presidency on the Independence League ticket, or on any other ticket. "I cannot conceive of any conditions under which I would be willing to become a candidate," he said. "This determina tion is not because of any feeling of pique or disappointment at the result of the late election. I am well satisfied to have the efforts of the league throusrh the election of others to promote the principles I stand for. I dislike holding office and dislike being placed in a position where the sin cerity of my principles can be questioned through campaigning for some office that I don't want and that I would only con sent to hold through a sense of public duty, as I would serve on a Jury." Tammany Leader Assaulted. NEW YORK. Sept. 24. John J. Dooley, a politician and member of Tammany, who Is seeking the Democratic leadership of the 23d Assembly District In the pri maries today was assaulted as he w.-s on his way home this morning by un known persons and sustained a fractured skull and possibly Internal Injuries. WRECKED CREW ARRIVES THETIS BRINGS SURVIVORS OF THE JOHN CURRIER. Rescue Comes Just in Time, for Pro visions Were Getting Low The Story of the Shipwreck. SEATTLE. Wash.. Sept. 24. (Special.) The revenue cutter Thetis arrived here late today with the survivors of the American ship John Currier, wrecked in Nelson's Iagoon. Bristol Bay, on August 9. There were 110 white men. 130 Japanese and Chinese and the wife and five chil dren of Captalp Murchison in the party. According to Captain Murchison the Currier was driven ashore on August 9 by a fierce gale that came up during a fog. Before the commander could make out his bearings his ship had been piled up on the rocks. The crew and passen gers were gotten off safely and the fol lowing morning, when the fog lifted, the crew took off all the ship's stores and the baggage of the passengers and crew. It was estimated 30 days' supplies were on hand, but Captain Murchison, given command of the party by tacit un derstanding, ordered everybody on two meals a day. No warning was given, but it was thoroughly understood anyone stealing supplies would be shot. As a result there was no pilfering. Ten days after the party landed on a coast so bleak and barren that there was neither shelter nor food supplies, the Currier dashed herself to pieces on the rocks. From that time until the revenue cutter McCulloch appeared September 11, not a ship hove into sight. Immediately after landing two members of the crew were sent away with an Indian guide to seek help, and the com pany Intended to send out again just as the revenue cutter appeared. The Mc Culloch transferred her passengers to the Thetis, which brought them here. A bread line on the Thetis was formed at meal hours. Captain Murchlnson and crew will be sent to San Francisco, the fishermen and Orientals to Astoria, Or. l v.,-., ' - . . y .- v . a "r ' ATTEMPTS TO KIDNAP LOU Bogus Detective Plans Great Coup. BURNS STOPS THE ATTEMPT Borland Gets Friendly by Say ing He Is Magazine Writer. STORY OF THE BRIBES .Lonergan Tells How He Got $400 0 From Gallagher, Who in Turn Received $15,000 From Ruet to Bribe the Supervisors. SAN FRANCISCO. Sept. 24. (Special.) A big sensation was sprung in the trial of TIrey L. Ford today when the prose cution made the charge and substantiated It by the testimony of ex-Supervisor Lon ergan himself, to the effect that detec tives In the employ of the United Rail roads had tried to kidnap Lonergan and get him out of the way. Lonergan Is a vital witness for the prosecution. The attempt to kidnap him was made last night by Detective Barlond, who tried to induce Lonergan to go automobiling with him. In waiting was a locar character, known as the "Banjo-Eyed Kid." who was to have taken care of Lonergan for such period as the defense deemed nec essary. Borland Passes a Magazine Wirter. Borland has been paying generous at tention to Lonergan for "the last three weeks. He represented himself to the former Supervisor as a magazine writer from the East and the two wined and dined together, took auto spins about the city and exchanged confidences. The coup was arranged for last night but Detec tive Burns stepped In and stopped the scheme. Lonergan was the first witness called , today, and he recited the story of the . attempt, to get him out of the way. Lonergan and former Supervisor Gal lagher confessed on the stand today . that they had received bribes from the United Railways for their vote on the trolley permit. Lonergan testi fied that he had received J4000 from Gallagher, and Gallagher In turn testi fied that he had received $15,000 for his vote from Abe Ruef. The prose cution will show that the money was passed from Ford to Ruef, by Ruef to Gallagher, and by Gallagher to the members of the Board. Lonergan Sticks to His Story. In spite of a severe cross-examination by Earl Rogers, chief of consul for 1 Ford, Lonergan stood by his story. The only point made by the defense was the Introduction of a signed statement made by Lonergan in which he said that he had voted for the permit be cause he believed It for the good of the citj-. This statement. It was developed, had been secured from Lonergan by Detective Borland, who represented to Lonergan that the statement would be published In the Eastern magazines in order to give Lonergan a chance to "set himself right with the world." It was brought out today that Ford's defense will consist of the claim that the money paid to Ruef was a fee and not a bribe. Ruef Still Lives in Luxury. SAN FRANCISCO, Sept. 24. The fact that the prosecution Intends to make use of Abe Ruef as the star wit ness In the trials of the indicted bribe givers has caused an abandonment of the attempt to lodge him In the city prison along with prisoners of less degree, and he has now been Installed in a residence on Pacific avenue where he has all the comforts enjoyed In the Fillmore-street mansion. Judge Dunne ordered Chief of Police Blggy last week to close up the Fillmore-street mansion, which had been Ruefs abode, and It looked as though there was no place for him to go but to the city Jail. Then along came Detective Bums, who Inspected the Jail, and said he would not house a dog In such a place. So the matter was held In abey ance until yesterday, when Ruef was tak en to the handsome boarding-house of Madame De 6t. Germain, where he has two rooms, a seat at the Madame's own table, and such luxuries as piano, books, pictures and easy chairs, not to overlook his own graphophone, on which he turns out the highest class operatic selections. GASOLINE WRECKS YACHT Tank Blows Up and Kills Four Men on Ohio. GALLIPOLIS, O., Sept. 24. The'gaso llne tank on the yacht Blanche ex ploded last night while carrying a party of 22 men on the Ohio River. AH those on board were thrown into the water and four were drowned. The dead: JOHN E. EDWARDS, postofflce clerk. J. R. SIMMONS, druggist. E. H. BRAKE, assistant bank cashier. J. WILLIS FIDDLER, postmaster at Harrison. None of the bodies have been recov ered. The explosion was caused by a lantern falling from the roof of tha yacht to the engine, igniting the gaso Una.