VOL.. XLVI. NO. 14,679. PORTLAND, OREGON, WEDNESDAY, DECEMBER 25, 1907. PRICE FIVE CENTS. LETTER WRITTEN UNDER THE EARTH Buried Nevada Minerls Living High. THOUSAND FEETUNDER GROUND One of Ely Men Describes His Queer Situation. STILL HOPEFUL AND HAPPY Imprisoned by Caved-ln Shaft, He Tells Brother Elk He Is Living on the Fat of the Land Sent Down Through Pipe. VICTOR, Colo., Dec 24. (Special.) Like a voice from the dead, a letter written by A. D. Bailey In -his tomb 1000 feet below the surface of the earth In the Alpha shaft at Ely, Nevada, has been received by Thomas Hamll, a prominent resident of this city. Though Imprisoned with two companions back of a solid mass of rock and dirt and In Imminent danger of being crushed to death at any moment. Bailey is none the less happy. His letter bespeaks every hope and says that prob ably he will be on earth again In another week or so. The letter follows: "Mr. Thomas Hamll, Victor, Colo.: "Dear Sir and Brother Elk I suppose you will be surprised to receive this letter and I am a lucky man or I would not be able to write you. "At present writing; I am Imprisoned In the Alpha shaft. I was running a pump here and on the 4th 'of this month the shaft caved in and there were four men down in the shaft sinking for the next level. Two of the men are here in N the pump station with me and the other .'two are burled at the bottom of the ehaft. Shut in by the Earth. "The shaft caved In at the 400-foot level and we are at the 1000-foot level. The shaft la full of dirt up to the cave In. But fiey have secured the bad ground and are going to start muck ing out the shaft tomorrow morning. If all goes well, I hope to be on top in from 12 to 14 days. We have been down the mine since 7 A. M., December 4. "Ten minutes from the time the cave-tn started the shaft was filled above this level and it la 90 feet from this level to the bottom of the shaft, so that will give you an Idea what a bad cave-In it was. We had a telephone connected and the last message I sent up over the small wire was to shut off steam, and Just then those wires broke. ' Live on Fat of Land. '"There are 600 feet of the shaft above us, filled with solid rock. After the ac cident we disconnected the six-inch water column with the pump and they are sending our drinking wat.er and rations down the six-inch pipe. "We are living on the best In the land, as everybody wants to send us some thing. Wine, cigars and all kinds of fruits are being, sent down. They send down our supplies on a rope and the small vessels they send our stuff in are made of two-inch nipples about four inches long, with a cap screwed on and the small eye-bolt screwed In the cap and a flexible link between the separate ves sels, so that we can get them to come through the bottom of the water column. There are four vessels per trip. After we got the water column open we con nected our phone to the electric cable and we can telephone up and talk to the men on top at any time. ( ' Hopeful, Though Burled A "Well, brother, if all is well and all wise providence stays with us, I hope In a short time to be on top and see my wife and family. We are above the water level and there is no danger on that score. We have in charge of the shaft one of the best shaft men in the country, a big Elk by the name of John Gallagher. "With best wishes to all my brothers and the same to yourself, I remain Respectfully yours In B. P. O. E., A. D. BAILEY." GREAT MASS OF VICTIMS FOUND Rescue Work In Darr Mine Goes on Under Improved Conditions. JACOBS CREEK, Pa., Dec. 24. Rescuers today found a great mass of victims of last Thursday's explosion In the Darr Mine of the Pittsburg Coal Company, for which they have searched Incessantly for over five days, and If all goes well, a great number of them will be either in the blacksmith-shop morgue or the big Identification tent nearby by morning. Only 49 bodies had been brought to the Surface when the night force began work, but scores of others had been located in Entry 37 and there was evidence that -many more were in Entries 28 and 29, where the night work started. The mine was in much better condi tion today, and the progress of the rescuers was satisfactory In every re spect. " It is believed most of the vic tims will have been brought out by to morrow evening. Eight unidentified bodies were burled today. All clothing, checks and other mentis of Identification were preserved and if relatives appear, the bodies will be disinterred. Twelve of the identi fied were buried at Connellsvllle. CARS BLOWN FROM TRACK Six Men Injured, One Fatally, by Gale in Colorado. DENVER, Dec. 24. The baggage car and first passenger coach of train No. 25. northbound, on the Colorado & South ern Railroad,- which, left Denver at 10 o'clock A. M. today, were blown from the track and overturned in the ditch a quar ter of a mile north of, Marshall and 10 miles south of Boulder about noon today. Six persons were seriously Injured and a number of others slightly hurt. Killed: J. A. Garrett, ex-Justice of the peace, Longmont, Colo., and prominent ElK. Seriously injured: Fred Kelly, Fort Collins, Colo; Robert Sharp, Fort Collins; M. C Lesser, Long mont, Colo.; Jackson M. Greiner, conduc- W. B. Corey, President of United States Steel Corporation, Anxious for Reconciliation With First Wife. tor, Denver; Charles Chiles, baggageman, Denver. ( A gale has been blowing over Northern Colorado throughout the day, at times at taining a velocity of 45 to 60 miles an hour, and caused much damage by blow ing down small farm buildings, trees, telegraph poles, etc A large plate glass window was blown In at the Daniels Fisher Department store in this city. BLOW UP ANOTHER BRIDGE Attempt Made on Structure Over the Erie Tracks at Newark. NEWARK, N. J., Dec. 24. An at tempt was made today to blow up with dynamite the steel bridge of the Pennsylvania Railroad, now in course of construction over the Erie tracks, near the Hackensack River. A large hole was torn in the center of the bridge. RAID BLACK HAND GANG Seventeen Italians "With Stilettos and Guns Arrested. PITTSBURG, Dec 24. A score of De tectives and policemen raided an alleged Black Hand organization this morning in 37 Slag alley, and arrested 17 Italians All were armed with revolvers and stilettos. ' CONTENTS: TODAY'S PAPER The WeaOier. YESTERDAY' S Maximum temperature, 45 degree; minimum. 41 desree. TODAY'S Rain; easterly winds. Foreign. Trial of members of first Russian Doima begins today. Page 8. Paris opera-house preserves voices of great singers for next century. Page . National. Honey arranges for land-fraud trials, but makes no move on Bristol's behalf Pago. L Admiral Brown sen resigns; rumored disa greement with Roosevelt. Page a. Fleet given splendid welcome at Port of - Spain. Page 8. Domestic. W. E. Corey reported to be weary of May belle Gtlman and anxious for reconcil iation with first wife. Page 1. Haywood testifies at Power's trial. Page 2. Railroad construction In 1907'. ' Page 3. First lynching in stats of Oklahoma. Pago 2. One of burled Nevada miners writes a let ter. Page. 1. Steel mills to resume operations and strin gency ended. Page 8. Utah pioneer, who won wife In romantto xasnion, axes. age 2. Pacific Coast. Pettlbone case may be thrown out of court. Page 1. Marshfleld people who start for Portland compelled to spend Christmas on stage in mountains. . Page 4. Wallace mining man and family have miraculous escape from death. Page 4. Commercial and Marine. Buying continues In wheat market and undertone is strong. Page 18. Reports of light stocks in Northwest cause aarance in vnicago wheat market. Page 18. Stocks not affected by high call loan rate. rago jo. Seven grain carriers with a total of more than a million bushels, finish loadlns Psge IS. " Portland and Vicinity. Master plumbers will reduce wages of Jour neyman plumbers January J. Page 12. Spokane and Multnomah football teams will play today. Page 4. Many employes of banks, corporations and merchants receive Christmas gifts from employers. Page 8. Christmas season causes issuance of many marriage licenses. Page 8. Homer Davenport comes to Portland. Page 9. George A. Steel declares Governor Cham berlain's language is ungentlemanly. Page 9. Council committee side-steps action on Welnhard's brewery license. Par 19 Food and Dairy Commissioner Bailey ch lenges critics to prove charges. Page 9, ................? r 2- ) ' ' - ' '"AX I HENEY EXPLAINS . E OF DELAY Full Agreementon Ore gon Land Trials. NO APPEAL MADE FOR BRISTOL Prosecutor Makes No Effort for Reinstatement. NOR TO NAME SUCCESSOR Oregon Delegation Expects to Agree on Man Before Congress Meets Again JTo More Interrup tion of Trials. OBBGONIAN'NEWS BUREAU, Wash ington. Dec 24. Francis J. Heney had a final conference today with the President and Attorney-General Bonaparte, and it was mutually understood that the prose cution of the remaining Oregon land fraud cases will go forward expeditiously from January 3. It is positively an nounced, both by Mr. Heney himself and by the Department of Justice, that Mr. Heney will personally conduct the prose cution of at least the most Important cases. During today's session Mr. Heney explained the reasons which have hereto fore made It Impossible for him to' get away from San Francisco and his ex planation appparently satisfied both the President and the Attorney-General. His plan of procedure as outlined to them is also said to be quite satisfactory. Fixes Pay as Prosecutor. Aside from discussing the programme of the land cases, Mr. Heney took up with the department the matter of com pensation still due him for his part in the trial of .Williamson and other cases. The funds allotted for those cases be came exhausted before Mr. Heney was paid in full and the Government is still in his debt to the extent of several thou sand dollars. The exact ameint cannot be learned, though it is understood his bill was about $25,000, part of which ' he has received. What his compensation will be for conducting the pending cases is not made known, though the amount was fixed upon today.. It is not the in tention of the department to make public the figures. No Intercession for Bristol. Mr. Heney will not discuss his confer ence today, but from other official sources it is learned that since his arrival he haa made no attempt whatever to have W. C. Bristol reappointed, though he expressed regret that the department found it necessary to recommend . a change. It is also stated that Mr. Heney has not recommended any one for ap pointment as pistrlct Attorney. Delegation Tries to Agree. Up to the present time the Oregon dele gation has reached no agreement In this case, but there is a probability that It "will take action before Congress reconvenes, so that the President can make an ap- CAUS SANTA CLAUS MURPHY (HARRY) DISTRIBUTES A FEW CHRISTMAS PRESENTS WHERE THEY WILL, DO MUCH GOOD PICTUKES WORTH SEEING. Pictorlally, The Oregonian's New" Tear Annual, which will be Issued Wednesday morn ing, January 1, 1908, will be one of the finest this paper has ever published. Particu larly worthy of mention are the handsome livestock photo graphs, representative of the industry in all parts of the state, which will be repro-. duced in halftone as illustra tions for special articles writ . ten by well-known authorities, dealing with the breeding of fine cattle, horses, sheep and other stock, dairying, wool growingy and agricultural pur suits. - It is a fact not generally known that several of the fin est dairy cows In the United States are owned in this state. Photographs of sev eral of these blue-ribbon ani mals will be reproduced In The Oregonian's forthcoming annual. There is no better means of advertising Oregon In the Central West and mak ing friends and relatives "back East" acquainted with the manifold advantages of this state for the homeseeker than mailing them copies of the New Year's Oregonian. No matter where your friends live, nor in what pur suits they are engaged, The Oregonian's New Year num- ' ber will contain Information valuable to them. It will ans wer every question concerning the natural resources and In dustries of this state that you have been asked to answer. The price of this beautifully illustrated number will be but S cents. Postage to any part of the United States will be 3 cents. Orders for copies should be filed early. ' polntment and send in a nomination on January 6. If the delegation Is a unit and the President appoints the man of its choice, prompt confirmation will follow. Chris Schuebel, of Oregon City, who was here looking after his own interest, is reported to have gone home. It seems evident that he will not have the support of the entire delegation and it may be his name will not be presented, though this Is yet to be determined. Mr. Heney left for New York on the midnight train and goes West in a few days. Fulton Coming Home Soon. OREGONIAN NEWS E-JREAU, Wash ington, Dec. 24. Senator ' ulton states his expected visit home Is n on account of F. J. Heney's demonstr.-lons or inter views against him, but solely to register h'.mself as e. candidate far the Senate. Ho expects j reach Astoria by January 6, and return here immediately upon reg istering. Mr. Fulton declines to talk for publica tion concerning Mr. Heney's visit. He expects to leave here this week for Ore gon, to remain until the close of the Congressional recess." Xew Northwest Postmasters. OB.BGONIAN NEWS BUREAU, Wash ington. Dec. 24. Postmasters appointed: Oregon Long Creek, George A. Rine hart, vice Frank Kahlor, resigned; Rex, Henry H. Peters, vice Jennie Conrad, re signed; Richmond, Charles E. Slegmund, vice W. E. . Reed, resigned. Washington Port Discovery, Edith E. Delanty, vice William Delanty, dead. Case Against Walsh Closed. CHICAGO, Dec. 24. The Government today formally rested Its case in the prosecution of John R. Walsh, who is accused cf misapplying funds of the Chicago National Bank. Judge J. B. Anderson, before whom the case is be ing heard, adjourned court 'until Thursday. IE CASE M. SAYS JUDGE Orchard's' Story Not Corroborated. TRIAL MAY END ABRUPTLY Court Will Decide Thursday if Case Shall Go to Jury. STATE'S TESTIMONY ALL IN Borah Asserts That Conspiracy Has Been Established and That De fendant Was Part of It Wil son Argues the Law Polnt9. BOISE, Ida., Dec. 24. Before hear ing argument on the motion for an in structed verdict of acquittal Hied by the defense in the Pettlbone trial to day. Judge Wood announced his con clusions on the question of corrobora tive evidence and stated that there ha'd not been sufficient corroboration of Orchard's testimony on the killing of ex-Governor Steunenberg alone to war rant a conviction. He also said that corroboration was necessary to estab lish a conspiracy and invited argument as to whether or not such corroboration had been given by the - state, and whether or not the defendant had been connected with that conspiracy. The conclusion of the court means that either the jury will be instructed to acquit the defendant or that the trial will proceed on the proposition that the state is not required to connect Pettlbone with the Steunenberg mur der, it being only necessary to show that a conspiracy to murder existed. That the defendant on trial was a member of that conspiracy and that the killing of Steunenberg was an in cident thereto. In the Haywood trial Judge Wood held that it was necessary for the state to produce evidence tending to connect the defendant with the speclnc crime chara-ed, iudepfiudbnt -of the testimony of Orchard. His announcement today means that he will either reverse that ruling or sustain the motion of the defense to direct an acquittal. A ruling on the motion will be made Thursday. Judge Wood directed the defense to be ready to proceed with its case at that time in the event the motion was not sustained. The state rested its case In the Pettlbone trial this morning, after the examination of W. H. Gabbert, Justice of the Supreme Court of Colorado, Senator Borah announced that the state rested and John F. Nugent, for the defense, filed a mo tion asking that- the jury be advised to acquit the defendant. The jury was excused and Judge Wood announced that he was ready to announce his con clusions on the question of corrobora tive evidence, on which authorities were submitted early in the trial. The conclusions were as follows: Evidence of corroboration as to the killing of Steunenberg as a separate transaction is not sufficient to warrant a conviction. Conspiracy to commit a number of crimes, which Includes as an Incident, or otherwise, the killing involved, cannot be established by un- PETTIBON corroborative evidence of an accom plice. Is there, in this case, any evi dence of conspiracy to commit crime, as a result of which conspiracy the crime charged was committed, and if so, is there sufficient corroborative evi dence to convict the defendant there on? Attorney Nugent argued the motion to advise a verdict of acquittal only briefly, and then took up the Idaho statute providing for the prosecution of non-residents charged with crime under which Pettlbone Is being tried, arguing that It is unconstitutional. He had not concluded when court ad journed for the noon recess. Weaker Than Haywood Case. John F. Nugent, for the defense, con tinuing his argument in support of the motion to instruct the Jury to return a verdict of not guilty, said that the evi dence in this case is weaker than in the Haywood case, because at the former trial the testimony of Orchard that the letter received by him at the Caldwell Jail was written by Pettibone was undisputed, while in the present 1 - ! - Mrs. W. E. Corey, Formerly May belle Gllman, Willing to Give Up Husband to First Wife. case Sheriff Nichols had testified that the letter was not in. the handwriting of the defendant. Taking up the subject of the Idaho statute which permits the punishment of non-residents who did not commit crime personally, the same as the prin cipal, he said that the conviction of the defense was that the defendant is en titled to the compulsory process of the law to compel the attendance of wit nesses and that it also worked an in justice on the defendant to be required to take depositions in his own behalf. Nugent argued that the Indictment should have been made charging the defendant as an accessory before the fact. Senator Borah spoke for the prosecu tion. He said the Idaho Supreme Court had passed on tht question of principal and accessory. In answer to Nugent' points as to the constitutionality of the Idaho statute, he said that there was no presumption that the witnesses were anywhere but where the crime was committed, and that there would have to be evidence to the contrary before the matter could be considered by the court. Borah Argues for State. Borah said that it was the theory of the state that, first, there was a general conspiracy to kill those who were enemies or were supposed to be enemies of the Western Federation; second, that Steunenberg was killed for that reason; third, that the defendant wie a member of that conspiracy, and fourth, that Steunenberg was killed by a member of the same conspiracy in furtherance of .its objects. He said that the evidence showed that a con spiracy had been formed for a particu lar purpose and that the defendant was a member of that conspiracy and that'it was not necessary to show that the defendant had particular knowledge of the particular crime, if it was shown that the crime was committed in furtherance of the objects of the conspiracy. The only question of cor roboration, he said, was whether or not Orchard had been corroborated relative to the general conspiracy. Borah then briefly reviewed the evidence. In closing the argument Nugent said that the corroboration of Orchard had to be by evidence entirely aside from the testimony of Orchard. He said the state had absolutely failed to show motive on the part of Pettlbone for the murder of Steunenberg.. When Nugent concluded, court adjourned until Thursday morning at 10 o'clock. PEOPLE DON'T TRUST SHAH Crowd Keeps Watch Until He Keeps His Promises. TEHERAN, Persia, Dec 24. Twenty- four hours' reflection seems to have con vinced that faction of the Persian public which favors the Constitutionalists that it is better to keep their powder dry, at least until the Shah's promises of reform are converted into acts. The utter lack of confidence was evidenced this morning In the bazaars, where the shops that were reopened yesterday had their shutters up again today. Small armed crowds are reassembling in the public squares, but up to the present time there has been no aggression. One of the chief legal advisers of Parliament was shot at by some soldiers last even ing, but he was not hurt. Nasi el Mulek, the former Premier, who was exiled recently, left Enxell for Europe today. DEATH IN CHRISTMAS MAIL Infernal Machine Found With a Quantity of Explosive. ERIE, Pa., Dee. 24. While distributing Christmas bundles in the South Erie postoffice this afternoon, an employe be came suspicious of a ' package, the end of which had broken open, and making an Investigation, the package was found to contain an Infernal machine so con structed that opening the box would cause an explosion that would have un doubtedly killed all persons near it and set Are to everything in the vicinity. The package was addressed to Archie Carr, 2208 Cherry street, and had been mailed in this city. Dr. W. J. Wright, health officer and chemist, after an ex amination of the bottle, said it contained a high explosive, but would give no other details until after further investigation. IS COREY TIRING OF Trust PresidentYearns for True Wife. HIS SOCIAL AMBITION FAILS Business Associates Close the Doors on New Wife. MEETS FIRST WIFE TODAY Weary of Lonely New York Man sion, Actress-Wlfo Would Agree to Divorce Pride Alone Holds Him Back. ' , PITTSBURG. Dec. 24. (Special.) Is I William Ellis Corey tired of his new wife, j Maybelle Gllman? Has the president of the United States Steel Corporation j grown weary of the songbird he wedded I and pjaced in a gilded cage? Does he desire to return to the companionship ! of his first wife and their 20-year-old son, Alan? Members of Pittsburg clubs and busi- . ness associates of Mr. Corey say that the ; answer to all these questions is "Yes." Mr. Corey got a divorce from his first wlf , because she had no desire to shine lit society. Wth his money and a younger and more beautiful wife he thotrght he could break Into New York's charmed set. So did Maybelle Gllman. They have both discovered their mistake. - Mr. Corey's associates talk business, "" but neither tender nor accept invitations, and the big New York mansion Is a lonely place except when the second Mrs. Corey Invites her former friends. But that is done secretly. Paving Way to Reconciliation. While Pittsburg clubmen do not Inti mate that there is any friction between i Mr. and Mrs. Corey, they say both are deeply Jlss.ppolnted, so much so that Mrs. Corey, In view of a liberal settle ment would place no obstacle In the way . of Mr. Corey's legal marriage to his first ! wife. It Is reported here today that Mr. Corey will eat Christmas dinner at the farm In Lancaster County wnlch he pre sented to his parents. His former wife and their son will be present at the meal. It Is hoped by the Corey family that the Steel Corporation president will make overtures to his former wife for his re turn after the legal obstacles have been removed. Longs for Wife tnd Boy. Mr. Corey's heart is longing for his first wife and boy, friends say, though he Is too proud to admit it openly. It Is predicted that before long it will have burned through his haughty pride and brought him to their feet humbly beg ging forgiveness. Those who know the first Mrs. Corey predict that, when the time comes, she will pardon him and take him back,' believing, as she does, that he Is still her William, deep down in his heart of hearts, no matter what his pride may have led him to. The warmest feelings always existed between the first Mrs. William E. Corey and the mother of her husband, Mrs. Al fred A. Corey, of North Braddock. They exchanged visits and, when the deposed wife was living with her mother, Mrs. Frank Campbell, of Swlssvale, she was a regular guest in the Braddock home. GIVES TONS OF TURKEYS Ex-Senator Clark Remembers Em ployes In Several States. BUTTE. Mont., Dec. 24. Bx-Unlted j States Senator W. A. Clark today and yes-(; terday had distributed 25 tons of turkeys , as a Christmas gift to the married men , in his employ In this city and at his prop- , erties In Arizona, New Mexico. New York, , Vermont and New Jersey. Five tons of j turkeys were needed to supply Butte , alone. The birds cost 1120 a ton. The giving of turkeys Is a time-honored custom with .Senator Clark. DONEY AGAIN IN TROUBLE Arrested on Felony Charge for Tak ing Bribe of $50. BUTTE, Mont., Dec. 24. Amos Doney, the former member of Judge Lynch's Jury panel, who was found guilty of con tempt of court and fined $500 and sen tenced to serve five days in the County Jail by Judge Lynch, but released on $2000 bonds pending an appeal to the Supreme Court, was again arrested this morning on a felony charge. It is alleged in the information, which was filed In Judge Dolan's court, that Doney agreed to accept a bribe of $50 from J. V. Collins for the purpose of bringing In a verdict. Kills His Hospital Nurse. MILWAUKEE. Dec. 24. Sister Theresa. a nurse at St. Mary's Hospital, was to day shot and killed by Gustave Wirth, who is believed to be Insane. The as sassin was captured after a chase of sev eral blocks. Wirth was operated upon at the hospi tal a year ago. He called there today, and upon seeing Sister Theresa, began a fusillade, Bring four shots into her body. Sister Theresa died in a few minutes. Wirth said the hospital officials had tried RISK to poison mm.