Morning Oregonian. (Portland, Or.) 1861-1937, January 16, 1908, Image 1

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    VOL. XL.VI XO. 14,698.
PORTLAND, OREGON, THURSDAY, JANUARY 16, ' 1908.
PRICE FIVE CENTS.
JM SECURED
TO TRY HULL CASE
Only Two Defendants
to Be Heard.
OTHERS PROMISED MUNITY?
Only Ex-United States Attor
ney and Edwin Mays at Bar.
NO EXPLANATION GIVEN
Prosecutor Heney's Action in Xot
Proceeding Against Steiwer and
Associates Gives Color to
Rumor of a Confession.
JCKORS WHO WTJ..I. TRY THE
HAT J. CASK.
Alfred Freerksen. farmer, Lebanon
I,lnn County .
Wlllfflm Fuqua, farmer. Clackamas
'County. , v
Charles J'. Sunderland, fruitgrower,
Portland, Multnomah County.
R. W. Fry, farmer, Albany. X.lnn
County.
Samuel TV. Miles, farmer, Rlck
reall. Polk County.
Ed Taylor, farmer, Sheridan, Yam
hill County.
Frank Lines, farmer, Albany, Linn
County.
Otto Nelson, streetcar conductor.
Portland, Multnomah County. .
M S. Barnes, farmer. Beaverton,
Washing-ton County.
Franl, VanWassenhove, ' farmer,
Champoeg; Marlon County.
Ell Ramer, farmer, Crabtres, Linn
County.
Henry Freerksen, retired farmer,
Shcdds, Linn County."
Twelve jurors, satisfactory alike to the
Government and to the defense, were e
lested yesterday to determine the guilt or
innocence of John H. Hall, ex-United
States Attorney Tor Oregon,' and Edw'Tn"
Mays, who are Jointly charged with
Illegally fencing public lands In Eastern
Oregon. The first juror. Alfred . Freerk
sen, a farmer, of Lebanon, Linn County,
was accepted at 11 o'clock and the jury
was completed at 6:35 o'clock yesterday
afternoon with the acceptance of Henry
Freerksen. a farmer, of Shedds, Linn
County, and a brother of the first man
selected. Both sides had exhausted their
three peremptory challenges before the
name of Henry Freerksen was reached,
but he was subjected to a thorough
questioning by Special Prosecutor
Heney before being accepted.
Presiding Judge Hunt, Attorneys
Webster and Wilson, for the defense,
and Mr. Heney and his assistants, for
the Government, expressed their satis
faction with the jury selected. There
was shown but little disposition on the
part of Mr. Heney to delay the com
pletion of the jury oy prolonged ques
tioning, while not one of the 12 men
' was accepted finally by the defense
until after a whispered conference be
tween Attorneys Webster and Wilson
and the nodded approval of the de
fendants. Hall and Mays.
In commenting on the rapidity with
which the Jury had been completed, Mr.
Hall after court had adjourned for the
day, said that It was undoubtedly due
to the fact that he had not undertaken
to try his rase' In the newspapers, al
though he had had. repeated occasion
to do so. For that reason, he contends,
the Jurors knew comparatively little of
the issue, which simplified the drawing
of a jury.
Both Sides Hold lire.
In the examination of the jurors as
to their qualifications Mr. Honey, for
the Government, and County Judge
I.loiiel K. Webster, for the defendants,
were exceedingly careful not to dis
close the slightest inkling as to the
lino of cither the prosecution or the
defense. Judge Webster made a spe
cial effort to impress on each juror
that a difference existed between the
rhitrgcs on which Hall and Mays had
been indicted and those under which
the former land-fraud cases had been
tried. He was also careful to ascertain
whether any of the Jurors, their rela
tives or their neighbors, during the
last throe years, had served on either
a Kedoral errand jury Xr a Federal
trial jury; it they had ever been in the
slock business or had resided in East
ern Oregon; if they had discussed the
pending trials with their neighbors or
anybody else, "br had formed an opin
ion as to the guilt or innocence of the
defendants.
Mr. Heney, for the Government, con
fined his examination to the jurors
entirely lo finding out if they had ever
horn , engaged In tho Eteck business,
anil whether or not either they, or
members of their families, had ever
filed on public land, or were in a"
way associated with the men and
Interests who have been, identi
fied with the land frauds in
this state. In his examination of
the prospective jurors. Heney was
fortified with a complete history of
each juror, his different places of resi
dence, his business, his relations and
his social and political HIT illations. Al
though tho list of Jurors was drawn
only a week, ago, T. B. Ncuhauscn.
Special Inspector to the Interior De
partment, had gathered this informa
tion and had it ready for the use of
Mr. Kehey when the latter arrived
from San Francisco last Saturday.
Heney Creates Sensation.
When court convened yesterday
morning,-Mr. Heney created a sensa
tion by announcing that of the 12 de
fendants named in the indictment only
Hall and Edwin Mays would be tried
at this time. His failure to Indicate
when W. W. Steiwer, Hamilton H.
Hendricks v and Clarence B. Zachary
would be tried, if at all, is believed to
give color to the report that these
three defendants have been promised
Immunity in return for important tes
timony against their co-defendants. J
The testimony of these defendants, it
has been rumored, is considered essen
tial to the case of tho Government
against Hall and Mays.
The plea. In abatement, attacking the
sufficiency of the Indictment as to
Franklin Pierce Mays, another of the
defendants, was presented by W. Lair
Hill, attorney for Mays, but it was
overruled for the present by Judge
Hunt. M similar plea was entered by
Attorney Wilson in behalf of his client.
Edwin Mays. When these proceedings
had been had, Mr. Heney announced
that he was ready to proceed with the
trial of Hall and Edwin Mays.
At Uo' clock Clerk Sladeh drew the 12
names following from the box: Albert
Freerksen, Linn; William Fuqua, Clack
amas; Charles J. Sunderland, Multno
mah; R. W. Fry, Linn; Samuel W. Miles,
Polk; .A. N. Clark, Columbia; Ed. Taylor,
Tfamhill; H. B. Springer. Linn; George
B. Hoyt, Marion: Frank Lines, Linn; L.
C. Schorno, Multnomah, and Otto Nel
son, Multnomah. Before the noon ad
journment Freerksen, Fuqua, Sunderland,
Fry and Miles had been accepted and the
defense, exercising its first peremptory
challenge, had excused Clark.
On court convening in the afterno.on,
Taylor was readily accepted by bosh sides
and then the prosecution exercised its
first peremptory ' challenge and excused
Springer, who admitted that he had dis
cussed the case with his neighbors, in
eluding Mr. Robtnett, ' a member of the
grand jury that had returned the indict
ment against Hail et al. He denied that
he had formed any fixed opinion, but he
was not satisfactory to Mr. Heney.
Knew Two Defendants.
Hoyt admitted an acquaintance with
W. W. Steiwer and Hall and was accept
able to the defense. Heney ascertained
from the juror that he had attended two
sessions of the Oregon Legislature as a
member of the "third house," but Hoyt
denied that he was working in the In
terest of any particular. Senatorial can
didate. "Do you know Bliss Fidler? Inquired
Mr. Heney, after Hoyt had said he had
not discussed the land-fraud trials with
anybody. '
"Yes," replied the Juror.
"Did you not say to him. when dis
cussing the cases, that I hope to God
they will convict every one of them?' "'
"No; sir, I did not. He asked me about
my coming down here as a Juror and I
told him that I wished some one else
had mv place. Ife then said that he
"would like to go in my place."
The prosecution passed the juror, but
when the defense accepted him, Mr.
Heney used his second peremptory chal
lenge and Hoyt stood aside.
Schorno was excused by the court, as he
had served as a juror in the Zachary
case in August. 1906. and Lyons and Nel
son proved acceptable to both sides. This
exhausted the list of 12, of whom eight
had been accepted. The following names
were then drawn: M. S. Barnes. Wash
ington County; R. R. ' Templeton, Linn
Thomas Cummlngs, Linn, and Frank
Van Wassenhove, Marlon. Although
Barnes was handicapped with the record
of having served .a term In the Oregon
Legislature In 1905. lie was accepted as
a juror, as was also Van wassenhove.
Templeton insisted that he had convic
tions that would influence his verdict and
the prosecution did not resist the chal
lenge that was interposed by the defense,
Cummlngs was excused by the court for
the reason that he was plainly prejudiced
against the defendants. He satisfactorily
answered the questions asked of him by
.(Concluded on Page 11.)
CONTENTS TODAY'S PAPER
' The Wethrr.
YESTERDAY'S Maximum temperature, 48
df (frees; minimum,
TODAY'S Occasional rain; southerly winds.
. Foreign.
Japanese Cabinet crisis not caused fcy emi
gration question. Page 3-
Btoessel trial shows forts could not get am
munition. Pane 4.
National. '
House considers severe law against bribery
of Senators ana Representatives. -rase i
Senator Bacon proposes new currency bill.
Pae 2.
Rejection of Scheubel by .Senate practically
assured. jKage .
Cortelyou denies he has resigned, but' offer
of Trust oresiaoncy is connrmea. jrafre .
president- Penna entertains officers of fleet.
rage -
Politics.
Foraker and Tick bold up Ohio appoint
ments to spite Roosevelt. Page 5.
Deadlock In Kentucky Senatorial light con
Unties. Page 5-
New Senators in Maryland. Page 5-
Woolgrowers Hear anti-Roosevelt speech.
from Carter and tura down warren.
Page 4k
. Domestic.
Evidence of Thaw's insanity accumulating.
Page 1.
Nevada Legislature will petition for reten
tion of troops. Page 4.
Ail bodies recovered at Boyertown. but
many cannot be identified. Page 4.
Dr. Beaucbamn murdered by Thomas broth
ers in Oklahoma vendetta. Page 3.
Another New ork banker indicted. Page 3.
Sport.
Smithson to run hurdle race with Hiltman,
Page 15.
Pacific Coast.
Parade of 10,000 unemployed men to be held
In Seattle. " Pape ti.
Shinglewfavers strike when they learn of
reduced wages. Page Q.
Bellingham girl found in hospital after
. spending night with young man. Page 5.
Commercial and Marine.
Demand for spot hops and - contra eta
Page 15.
Wheat declines at Chicago on large sales.
Fage lo.
Profit-taking sales in stock market. Page 13.
Only one bid is made on the specifications
ror jitnoninbrook IJght. pzuca 14.
Portland and Vicinity.
Jury secured to try Hall land-fraud case.
Page i.:
City Attorney says city's rights on Bull Run
. Kiver- are well protected. Page 10.
Hardware dealers meet here In convention
January page 11.
Homer Davenport lectures at White Temple
Page 11.
State Horticultural Society- concludes pro-
. gramme. Page 10.
'Chauffeurs will be .required to take examl.
nations. Page 3.
Mrs. Frank Kubik. in suit for divorce, al
leges husband threw hot potatoes at her.
Page UL
SENATE SURE TO
REJECT SCHUEBEL
Conclusion From Row
in Delegation.
IN HUMOR TO TURN MEN DOWN
Bourne Issues . Statement
Which pauses Anger.
RAISES ISSUES OF FACT
His Thrcp Colleagues Insist That He
Agreed to Majority Kule,. Then
Broke Away Because of His
Obligation to U'Ken.
OREGONIAXEWS BUREAU, Wash,
ington, Jan. 15. Careful Btudy and an
alysis of the situation here justifies the.
prediction that the .Sejiate will reject
the nomination of Christian Schuebel.
This prediction is not authorized by any
member of the .Oregon delegation, and
may be jondemned by Senator Bourne,
but feeling runs high in the Oregon dele
gation, and matters have reached a point
where no other outcome seems possible.
Senator Fulton and Representatives
Hawley and Ellis refused to support Mr.
Schuebel. because they believed him not
qualified to fill the office of District At
torney. Evidence is accumulating r bus
taining them In their judgment, and their
position is further strengthened by the
conduct of Schuebel since his nomination
was sent to the Senate. i
Had Promise in Advance.
Moreover, ft is believed that Mr. Bourne
had the promise of Mr. Schuebel's ap
pointment before the recommendations of
the epposfng candidates were placed in
the hands of the President, which, if sub
stantiated, will not strengthen the junior
Senator when he engages in a final con
flict with his colleague in the Senate.
It was demonstrated yesterday that the
Senate is not averse to rejecting nomina
tions for' due cause, and frorn all ap
pearances there Is a stronger case against
Mr. Schuebel than was made out against
the four unfortunate Ohio postmasters.
Adds Fuel to Flames.
Mr. Schuebel's chances of confirma
tion were not enhanced by a statement
issued by Mr. Bourne today,' in which
he attempts to dispel the Idea prevalent
among his colleagues that he broke his
agreement with them in recommend
ing Mr. Schuebel after a majority had
agreed o recommend George G. Bing
ham. This statement only adds fuel
to the flames. Moreover, it called forth
an emphatic contradiction from Mr.
Fulton and the two House members.
There is a feeling that Mr. Bourne sub
scribed to the patronage agreement
as long as it profited him, and then
Ignored tt when it would no longer
serve his purpose.
When the delegation met December
14 to frame a policy for disposing of
Federal patronage, it was universally
agreed that-In selecting general of
fices such as District Attorney, Col
lectors of Customs, etc., the delega
tion "should act by its majority." Mr.
Bourne says that on that occasion he
specifically declined to be .bound by
that agreement so far as the District
Attorneyship - was concerned. Mr.
JUST
5TEN0Cjr?RPHER COrVrElYOU
Us
Fulton Bays Mr. Bourne made no such
reservation, but, on the contrary, spe
cifically stated that this office should
be tilled according to the newly adopted
policy. ' ' '
Might Have to Make Fight,
Messrs. Ellis and Hawley do not go
quite so far as Mr. Fulton, but both
say t"hat Mr. Bourne made some tenta
tive statement that he ."might have to
make a fight for Mr. Schuebel for that
office, because of his obligation' to Mr.
U'Ren and. Mr. Schuebel on account of
the. support they gave him in his cam
paign for the Senate," but. Mr. Hawley
and Mr. " Ellis assumed from . Mr.
Bourne's tentativereservation that .he
would make a fight to get the delega
tion to indorse Mr. Schue"bel and fail
ing in that, would yield to the majority,
as any other member of the delegation
might have yielded on other appoint
ments when Mr. Bourne was in the
majority. .
No attempt was made that evening to'
reach an agreement on the District At
torneyship, but on the Monday following
Mr. Hawley drafted his version of the
delegation's agreement, which he submitted-
to Mr. Fulton and it was approved.
He then took it to Mr. Bourne, told him
what it was and asked if it met with his
'A X J
Will T.. Visscher, Poet and Joumal
, 1st, Who Shot a Policeman at"
Omaha.
approval. Mr. Bourne put on his glasses,
looked at the statement for a couple of
minutes, and. handed it back, saying:
Agreed Without Reservation.
"That is exactly right, old man." He
made no reservation regarding Mr. Schue
bel at that time.
Later,' when matter had been discussed
informally Mr. Bourne found no other
member of the delegation would join him
in Indorsing Mr. Schuebel, and he then
told Mr, Ellis t-hat he would reserve to
himself the right to fight for Mr. Schuebel
and to carry his fight to the White House,
if necessary. He felt his obligation to
Mr. U Ren and Mr. Schuebel was such
that he could .not do less. That was the
first time, so far as can be learned that
Mr. Bourne positively and decisively an
nounced that he would Ignore his agree
ment with his colleagues and act inde
pendently. .
Another Point in Dispute.
The delegation takes further exception
to Mr. Bourne's statement that he would
not join in recommending "applicants un
qualified for office or seriously or person
ally objectionable to bim." This state
ment, they believe; carries- the inference
that others would indorse men unqualified
or personally objectionable to Bourne,
and yet it was unanimously agreed on De
cember 14 that no man should be recom
mended for office who was personally
objectionable to any member of the deler
gation. Moreover, Mr.' Hawley's state
ment, approved by Mr. Bourne, .contains
this paragraph:
"Candidates of course must .be qualified
to perform acceptably all the duties of
the office sought, regular, of , good repu
tation and generally acceptable." More
over, it is pointed out, Mr. Bourne never
questioned Mr. Bingham's qualifications
and never as much as intimated that Mr.
Bingham's appointment would be-personally
objectionable to film. He merely
said he did not know "Mr. Bingham.
MS'-'
A PLAIN CASE OF BIG HEAD
5EC; to PRfVeT CORTELOO
CRAZY ACTIONS
OF HABRY THAW
Host of Witnesses Says
He Is Insane.
CORONER'S JURORS TESTIFY
Ten of Them Say He Was Ir
rational After Killing.
BUTLER TELLS HIS WHIMS
Littleton Offering Ample Kvidence
to Land Him in Matteawan
Asylum, Then Would Fight
to " Get Him Out.
NEW YORK, Jan. 13. Adhering
strictly to their promise to interpose no
other defense than that of Insanity In
behalf of their client, 'the attorneys
representing: Harry K. Thaw at his
trial today continued the examination
of wltnisses, who swore that young
Thaw at various times in his life ap
peared to them Irrational and men
tally unsoupd. Practically all of the
testimony' was entirely new to the case,
and had to do with acts down' to the
day of the tragedy itself. Then came
the declaration of the ten men who
sat on the coroner's Jury during the
Inquiry -into Stanford White's death,
all of whom declared that the defen
dant the day following the shooting
acted irrationally. His manner and
appearance were such as to cause the
inquest jury to discuss his state of
mind after their formal verdict had
been rendered.
In the day's testimony there was
more delving into the history of the
Thaw family, .Alfred Lee Thaw, of
Richmond, Va., a third cousin of the
defendant, taking the stand and tell
ing of the taint of Insanity, ,'wfhich had
causeuV his father and brother to- die
in state asylums.
Eccentricity of Thaw.
Some of Inlaw's alleged eccentrici
ties, revealed for the first time, were
related today by Christopher Baggan,
steward of the NewYork Whist Club;
by Miss Matilda Stein, a telephone op
erator, and by August Weber, a former
butler In the, Thaw household..
Thaw spent a portion of the afternoon
of June 25, 1906, at the Whist Club and at
that time a few hours before the
tragedy was pictured by the steward as
being highly nervous and frequently ex
claiming: "This is awful." He asked the
steward to have a valuable package put
.Into .the . safe. After tfoe shooting, the
package was opened and found to con
tain three cigarettes wrapped in tinfoil.
District Attorney Jerome in cross
examining the club steward brought out
the fact that Thaw played bridge there
with many prominent men. The witness
declared he was not supposed to know
what Mr. Thaw, Mr. Gates, Mr. Schwab
and others played for, but he was sure
nothing b(lt mineral water was ever
served at the tables.
The telephone operator told of Thaw's
putting in 75 calls one morning at the
Grand Hotel and then forgetting all about
them.
The butler torS many details of Thaw's
SEC OP CSnrFtXE AlfiBOR CORTEWoJ
PRESrDENTKi.1 CN0lORTE C0tT6O(0U.
life at borne in 1S03. He was still under
examination when adjournment was
take nt- ."
..f, May Iand Him in Asylum.
The separate incidents of alleged Ir
rational conduct on the part of the de
fendant are being put .in evidence by Mr.
Littleton as the foundation for the ex
pert testimony that is to come. He also
hopes to accumulate such a mass of
testimony as to Thaw's erratic conduct
as to make it Impossible for the District
Attorney to fulfill the task the law places
upon him of proving Thaw sane "beyond
every reasonable doubt,".
Criminal lawyers of prominence who
are following the case outlined by the
defense, and who are taking into consid
eration the fact that a specific plea of
Insanity has been entered this year, de
clare that acquittal under the circum
stances can come only with the added
clause "on account of the Insanity of the
defendant at the time the .act was com
mitted." This, It is declared, would com
pel the court to commltThaw to Mattea
wan Asylum, whence a fight to prove his
present sanity and thus gain freedom
would have to be conducted through
hftbeas corpus proceedings.
Dr. Horatlus W. Wood, of Philadelphia,
testified that some years ago he exam
ined "Harriet Alice Thaw, a relative of
Harry Thaw, and found her of unsound
mind. Mr. Jerome's -objection to this
evidence was overruled.
Whims at Whist Club.
Mr. Baggan said. Thaw was at the"
Whist Club on June 25, 1906, rive days be
fore .he killed White, and, although the
day was hot, insisted on carrying a
screen wherever he went about the room,
and was highly nervous, excitable and
irritable, trembling when touched to
summon him to the telephone. He was
Irrational. On the day of the tragedy.
Thaw was at the club playing whisf with
Captain Wharton, John A. Drake and
John B. Glea-Dn. At other times, Mr.
Gates and Mr. Schwab were present.
"But they always appeared calm, didn't
they?" asked Mr. Jerome.
"Yes."
"And Thaw was nervous?" .
"Yes." ( '
"And they were playing for money V
"I don't know."
"Haven't you an idea?"
"No, sir. - 1 am not supposed to have
any."
"i know you are not supposed to have
any, btit as a matter of fact, haven't
youT" .
"The rules forbid playing for money,
si?."
The court officers had to suppress fre
quent outbreaks of laughter.
"Did Thaw and his party have any
thing to drink on June 25?"
"Ob, all sorts of mineral waters." '
"And what else?"
"Nothing, ' unless they had it with
them. We didn't serve anything but min
eral waters at the club, sir."
. "But-every, member lias a. locker.?" -"
"Yes, sir.".'
"And they keep all they want in the
locker?"
"Yes. sir, I guess so, sir."
"And drinks were served from the lock
ers that day?"
"I really don't know."
At bridge. Thaw was generally able to
hold his own the witness "guessed."
Thaw had always been more or less
nervous ever since ' the witness had
known him. but this nervousness had
increased noticeably in the last few
years. He was at the telephone nearly
an hour the day of the tragedy and
frequently exclaimed "That is awful."
Telephone Girl's Experience.
Miss Stein said she was telephone
operator at the Grand Hotel in 1903
and 1904, when Thaw was a guest
there under the name of Farr. His
eyes were always staring- and bulging
and his manner was irrational. She
told about the telephone calls and said
one morning Thaw orderJ breakfast
three times in 20 .minutes. Evelyn
Nesbit also was at the hotel under the
name of Farr, but it was not the morn
ing after she left that Thaw put in
the 75 telephone calls. Miss Nesbit
herself made several calls on the phone
that day, one of them to Burr Mcintosh.
Mrs. Caroline Lowery and William A.
Johnson, newspaper writers., who wit
nessed the tragedy, and Lionel Straus, a
portrait painter and eye-witness, charac
terized Thaw's actions as irrational. .
Irrational, Say Coroner's Jurors.
Francis McGuinness and Henry Schae
fer, members of the Coroner's jury
which conducted the inquest as to Stan
ford White's death, testified "that Thaw
at the inquest appeared Irrational. After
the attorneys had concluded their ques
tions. Foreman Gremmels, for the Jury,
asked Mr. Schaefer:
"Did Thaw's eyes appear then as
now?"
"No, sir." said the witness. .
Henry W. Schmell, another member of
the Coroner's jury, ' also testified as to
the defendant's Irrationality. ' They all
said ' that the Jurors discussed Thaw's
mental condition after . rendering their
verdict. '
Here Mr. Littleton sprung something
of a surprise by asking the witness if
he had read Mr. Jerome's comment on
the former trial. He replied in the ' af
firmative. ,
"Did-my remarks influence, your judg
ment?" demanded Mr. Jerome.
"In a way they did," Mr.. Schmell said.
Many Insane Relatives.
Alfred Lee Thaw.' of Richmond, Va., a
third cousin of the defendant, in response
to a series -of questions from Mr. Little
ton, gave the history of the Thaw fam
ily. .His father. W. S. Thaw, died insane
in, Williamsburg,' Va., after 19 years in
the asylum, and his brother Horace died
insane at 23 years of age at Staunton,
Va., in the hospital there. Harriet Alice
Thaw is the witness' father's halfTsistef.
The great grandfather of both the wit
ness and the defendant was Benjamin
Thaw. The commitment papers of Will
lam S. and. Horace Thaw were Introduced
and received in evidence.
Several additional members of the coro
ner's jury were called, and all agreed
that Thaw was an irrational marr the day
following the shooting. One of the wit
nesses said he was sure 'that Thaw was
"absolutely crazy."
Butler Tells of Crazy Tricks.
After the coroner's jurors, 10 of them
altogether, had been disposed of, Mr.
Littleton called August Weber, who
served as a butler In the Thaw house, in
Lafayette Square, Washington, from Jan
uary to May, 1903. The witness said he
(Concluded on Fags 3.
PROVIDING
LAWS
T
Parties Getting To
'? gether in House.
HARD ROW FOR EMBEZZLERS
Severe Penalties for Those
With Itching Palms.
COMMITTEE GIVES GROUND
Kandell Would Cnt Off Passe and
Franks From Senators and Con
gressmen and .Forbid TTiem
to Servo the Corporations.
WASHINGTON, Jan.. 16. So persistent
have been the efforts made In the House
of Representatives to amend the bill codi
fying the penal laws of the United State
that the committee on the revision of the
laws today consented to let down . the
bars, and as a result the measure wast
changed In some important particulars.
The pacific attitude of the committee in.
this regard served to modify the opposi
tion to the measure, and. in consequ-jnee
the proceedings today were devoid of the
heated arguments which have character
ized the - previous debates. When the
House adjourned there were pending a
number of other important amendments,
which seemed to meet with no particular
opposition by the committee, but which
were passed over until tomorrow.
The portions of the bill which attracted
the most attention were those covering
the giving and accepting of bribes by
Senators and Representatives, and the
sale of Indorsements or support for ap
pointive public offices. It Is to the amend
ments -touching these questions that the
House tomorrow will devote itself upon
resuming consideration of the bill.
Embezzling of Public Funds.
Perkins (N.. Y.), a Republican, sought
to have the committee elucidate section
mm
BRIBERY
90, embracing the embezzlement of pub
lic funds in the hands of the United
States' Treasurers. This was the first
criticism from a Republican, and Perkins
remarked that, if no amendments were
to be permitted, at least explanations
were in order.
Chairman Moon and others of the com
mittee declared that the section amply
safeguarded public officers in cases of de
falcation, where It was clear that they
themselves were Innocent of wrongdoing.
The committee again advised members
having amendments to introduce separ
ate bills covering their objections, which
only served to elicit further attacks by
Democrats. In these they were led by
Cockran (N. Y.), who reasserted the con
tention that the changes should be made
in the bill itself, and not through cur
rency measures. '
Democrats Gain One Concession.
An amendment by Cockran to make tho
statute applicable only when Treasurers
or Assistant Treasurers "willfully or
negligently" fall safely to keep the mon
eys intrusted to their care was lost. .
. The Democrats waged an unsuccess
ful fight against a committee amend
ment which modified the statute pro
hibiting collecting and disbursing of
ficers from trading in public property,
so as to make the penalty not more
than J300 instead of the specific
amount.
An amendment by Do Armond of Mis
souri, to add Imprisonment for not mora
than ten years to the penalty was de
feated. He then changed it to make
the Imprisonment not more than one
year. Amid loud Democratic applause
the amendment was accepted by tha
committee and was incorporated Into
the bill. ' ' ,
"The first ray of light," remarked
Cockran, at which there was more
Democratic applause. '
Party lines were obliterated on an
amendment to section 17 by Crum- i
packer. Republican, Indiana, limiting '
the punishment to any officer issuing1 :
certificates containing any "material"
statement which he knows to be false.
Supporters of the amendment were
found on both sides of the Chamber, but
it was rejected.
Bribery of Congressmen.
Amendments to section 512, relating
to the solicitation of bribes by Sena
tors, came thick and' fast. Randell of
Texas offered two, the first making it
an offense for any public service cor
poration , to give to any Senator or
member or judge of the United States
Court any free transportation- or any
frank or franking privilege, money or
anything' of value, making it a high
misdemeanor for such persons to re
ceive the same under penalty of a fine
of $1100 or imprisonment for one year
or both; and the second making it a
high misdemeanor for any Senator or
member or member-elect to hold any
employment or receive any pay as an
officer, representative or attorney of
any bank or public service corporation
3nd providing a fine of not more than
$5000 or imprisonment of not less than
one year and ineligibility to hold any
public office.
De Armond succeeded in adding to the
section a clause applying the penalty to
any Senator or member when the bribe is
given to any person "with the consent,
connivance or concurrence of such Sen-
tConcluded oi 9C3dC
1