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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
VOL. XL.VI. "0. 14,710.
PORTLAND, OREUON THURSDAY, JANUARY 30, 1908.
PRICE FIVE CENTS.
Denies He Ever Gave
Bribe to Smith.
BUT SMITH BUNCOED MITCHELL
Has Proof Did Not Get Im
munity for Brownell.
NOT CORPORATION LAWYER
Senator Promises to Prove Jleney'a
Charges Are False Accuser Desperate-
at Failure to Involve
irim In Violation of Law.
OREGONIAN NEWS BUREAU, Wash
Ington, Jan. 89. Senator Fulton to
night, when shown a brief telegraphlo
ummary of Francis J. nancy's attack
upon him In Portland laat night, made
the following: reply:
"It li not possible, of course, ana I
shall not attempt, without a fuller
statement than you grlve me, to answer
fully or In detail Heney's charge. It Is
proper to suggest, however, that the
diameter of his slanders substantiates
my statements heretofore published
that he Is actuated solely by malice. I
denounced him before us a malicious
liar: hla answer proves the assertion
and Justifies the language.
"He delayed making a public state
ment until he knew I would bo on the
opposite side of the continent and un
able at once to answer It. I ran now
only answer generally, as I have but a
very general outline of hla attack.
Never Paid Smith Money.
"'The charge that I paid Smith any
sum at any time, for Mitchell or any
person is, of course,- untrue. 'I never
have engaged, and would not engage.
In any such business. The contrary
will hardly be deemed satisfactorily
established by one who professes and
confesses that he deliberately robbed
the old man out of $1500 by false pre
tenses. With such cattle as Smith and
the Rev. Mr. Barkley, it Is Impossible
for me to have any controversy. True,
they are lit wltnoses for Heney.
"I do now recall that it was a matter
of common knowledge at the time, 18S
that this fellow Smith buncoed Mitchell
out of a considerable sum by promising
that he himself, with other Populists,
would do their duty therefor and qual
ify and take their seats as members.
Probably Called Smith Grafter.
"It Is not improbable that I did, o
hearing that Smith was a candidate for
& position in the penitentiary, say to
Chamberlain that he was unlit, being a
grafter. Indeed, I think I recall saying
something to that effect to the Governor.
His affidavit, now presented, fully justi
fies my Judgment. He would have robbed
every convict In the prison. It is abso
lutely false, however, that I paid him at
any time any sum, and is It not too ab
surd to talk about that I tried to re
cover the amount on his breach of con
"One naturatly Inquires why even so
poor a creature should lend himself to
become so base a -witness. "Was It be
cause I denounced him to the Governor?
Or because he and his confederates were
,agnln industriously prosecuting their
trade In other fields, and, being appre
hended, purchased immunity by a slight
addition to their infamy? Quite likely
the latter, for such reptiles seldom evi
dene a spirit for retaliation, being only
animated by lust for gain.
Cam Disprove- Brownell Charge.
"As for the charge that I agreed to
support Hall in order to secure immunity
for Brownell. I will only now say that.
In addition to my several answers here
tofore published to that false accusation.
I have In my possession letters and tele
grams which will conclusively refute that
charge, and I shall shortly give them to
the public. No one need doubt that I will
thoroughly and for all time answer and
refute that contention.
Defense of Burke and Ciosslln.
"It was, t understood, charged by He
ney that in 1899 I was attorney for the
Hammond I -umber Company, and as
sueh contributed to land frauds In de
fending Burke, Gossltn and others. The
degree of Heney's desperation Is evi
denoed by this accusation. That waa
years before I was elected Senator. I
was practicing law. and, those, men being
charged with an offense against the law.
I was asked to take up their defense. T
happened on that day to be in Portland,
which was the reason I was consulted.
I said that I could not spare the time
to defend them, but would see what I
could do for them. I suggested that
Judge Henry McGinn be retained, and
was authorized to see him, and did so.
He secured bonds for them. I afterwards
wrote to the department proposing that
the parties who had tiled on the lands in
question would relinquish their filings If
the prosecutions were discontinued.
"This proposal was finally agreed to,
and that ended my connection with the
case. I may have written Senator Mc
Brlde I do not now remember but it
would have been perfectly right to do so.
I never charged nor received a cent for
what I did. as I did not conceive that 1
had performed any service worth charg
ing for. All this I can prove beyond
question whenever important to do so.
Never Hammond's Attorney.
I never was attorney for the Hammond
Lumber Company, excepting, as l re
call. In one place where I appeared for it
in court, but it was never tried. It did
business entirely, in Portland, where its
office was. and Portland attorneys acted
for It I never saw one of its deeds or
abstracts, or was consulted in any of Its
purchases or acquisitions of land.
After I was elected to the Senate, 1
ceased entirely the practice ot law, ana
since have tried but four lawsuits, as i
recall, three of which I had had charge
of or had arisen out of matters of which
I had charge, prior to my election, ex
ceptlng In a murder case. In which I ac
cepted a special retainer last Spring.
From the report I have, I infer that
Heney charges that I represent railroads
and large corporations here. The des
peration of his case could not be more
strikingly evidenced. Malice could not
impel one further. My entire course in
the Senate proves the contrary, and of
course he has not a single fact on which
to base the assertion.
"Old, Stale, Filthy Slanders."
Finally, I can only say to the people
of Oregon that, when I shall receive a
Senator Charles W. Fulton, Who Re
plies to Francis J. Heney's Attack.
full report of Heney's attack, I will
answer in such way that no one will
doubt either the falsity-of his statements.
the maliciousness of his purpose, or the
integrity of my conduct. Baffled In
every attempt to involve me In some vio
lation of law, in order to Justify his ma
licious and malevolent attacks on my
character, he has descended to -the sewer
and dug up old, stale and filthy slanders,
hoping therewith to cover his Ignomin
ious retreat. They will not suffice,"
KNEW BE THAN BOSSES
PRETTY GIRL PUTS BANK COM
MISSION TO SHAME.
Piqued at Her- Superiority, Cali
fornia Inspectors Who Don't
Inspect Discharge Her.
SAN FRANCISCO, Jan. 29. (Special.)
Because she knew more about banking
than, the members of the State Board of
Bank Commissioners. Miss Agnes Boch, a
slip of a girl as pretty as she Is clever,
was relieved of her position today as
clerk of the commission and Mrs. M. E,
Pratt, an inexperienced woman, put in
Miss Boch has been a clerk of the bank
board for eight years. When the new
appointments were made last Fall and
the control of the commission passed to
Governor Gillett and the state machine.
a grab was made for ail the available
offices, but. Miss . Boch by reason of her
great knowledge of banking methods and
laws in California was retained.
When the California Safe Deposit &
Trust Company scandal broke, the com
missloners wore, censured from one end
of the state to the other. It was then
revealed that the commissioners knew
little of the reel banking situation. Miss
Boch had done all the office work, which
was found to be in perfect shape, while
the commissioners had slighted their
work, which consisted of the Inspection
of the state banks.
Piqued at the revelation which showed
the young woman's superiority, the com
mission today deprived her of her post
tlon. A large banking house at once se
cured the services of Miss Boch.
HIS LOVE BETRAYS HIM
Tower's letters to AVomen May Put
Noose Around Neck.
BUTTE. Mont., Jan. 29. A special to
the Miner from Boulder says that the
final links in the chain of circumstan
tial evidence were brought out today,
whereby the state hopes to send James
Tower to the gallows for the -murder
of Frank Clow, the engineer who was
killed In the attempted holdup of the
North Coast Limited on the Northern
Pacific near Welehs Spur.
Letters from Tower to sweethearts
begging them to swear to altbis for
him and Intercepted by officers were
read in evidence. Detective E. L. Page,
of St. Paul, who posed as a prisoner in
the Helena Jail and wormed himself
into the confidence of Tower, gave
damaging evidence against the defend
ant. BAND OF WOMEN THIEVES
Plundering Squad of Amazons Ar
rested In Poland.
LUBLIN. Russian Poland. Jan. 29. The
police of this city have unearthed a band
of robbers composed entirely of women
and the leaders have been taken into cus
tody. The women are said to bo respon
sible for a long aeries of highway robberies.
OUT FOR HUGHES
County Lines Up For
INDORSEMENT IS UNANIMOUS
Committee Favors Instructed
Delegation to Chicago.
FIGHT UNTIL CALLED OFF
Resolution Indicates Resentment
Toward Action f Previous Meet
ing Which Refused to Support
Candidacy of Executive.
NEW YORK, Jan. 29. Governor
Charles E. Hughes was strongly In
dorsed for the Republican nomination
for the Presidency, and the adminis
tration of President Roosevelt was
commended In a resolution unanimous
ly adopted by the Republican county
committee at a meeting in Murray HU1
The resolution favored an instructed
delegation to the Chicago Convention
from this state for Governor Hughes,
which shall use all honorable methods
to obtain his nomination till he- "is
either nominated or directs the with
drawal of his name from the considera
tion of the convention."
Resent Former Action.
The speeches- that followed the In
troduction of the resolution showed
unanimity of feeling for indorsement
of Governor Hughes, but Indicated
traces of resentment over the action
of the previous meeting In tabling the
Hughes resolution. Edward Lauter-
bach, who has been actively engaged in
Governor Hughes' Interests, said:
"Leaders all over the state have re
ported that the sentiment has been for
Charles E. Hughes for President. Why
Is this change of front? The reason is
simply that the leash has been cut and
the dogs have been set free.
Takes Slap at Taft.
"Who set them free? Who has per
mitted the president of this committee
to shake off the shackles and come for
ward as a free man? Was it any one
In the State of New York? No, It waa
a man from Ohio. Other states had
named as their candidates Cannon and
Forakor, and then the ticket of leave
"I call upon the people of the city
and the state to see that. If the resolu
tion is passed tonight, it will be car
ried to a successful result in the Chi
. Opposition was made to the roll be
lng called, but the chairman prevailed.
Many left the hall when the result of
the roll call was seen. After the roll
call was completed the chairman de
clared the vote was unanimous for the
resolution and the meeting was ad
CAN HUGHES DEFEAT TAFT?
Declaration Slay Prove Too Tjate to
OREGON! AN NEWS BUREAU, Wash
ington, Jan 29. Governor Hughes'
formal announcement of his candidacy
for the Republican Presidential nom-
t3 . ' I
JtEWS NOTE A GREAT MOVEMENT IS 7XDER WAT TO ASK AI,l.
TO ADVOCATE TARIFF REVISION
inatiou did not create any great flurry
in the field of National politics. For
a short time It caused general com
ment, but when the situation was care
fully reviewed it was found that Mr.
Hughes stood about , where he was
prior to nis declaration. He has been
regarded as one of the leading candi
dates ever since the preliminary cam
paign opened and, while he never be
fore sanctioned the use of his name,
his friends have gone ahead on the.
assumotion that he would declare him
self, especially if his boom -was re
ceived with particular favor in New
York and elsewhere. There has never
been the slightest doubt that Mr.
Hughes would enter the race if he be
came convinced that there was any
chance of securing the nomination.
The letter from Secretary Taft re
questing his friends not to make any
fight for the New York delegation
against Mr. Hughes leaves the latter a
clear field In his own state. It puts
an end to the fight between the sup
porters of the two candidates, which
was beginning to grow bitter, and thus
removes any danger to the Presidential
ticket which might. have resulted from
Hughes Delayed Too Long.
There is a very general opinion th"-
Kins Edward VII. Who Opened
Mr. Hughes delayed too long in an
nouncing his candidacy. Had he en
tered the race two or three months
ago, before sentiment began to crystal
lize, he would probably have been
stronger today than he really Is. That
he will make a strong fight and be one
or. tne roost- conspicuous .figures, be
fore the convention ia not to be doubt
ed, but aside from the men who have
all along favored Mr. Hughes' and
those who have most bitterly opposed
President Roosevelt, it is not believed
that Mr. Hughes will now overcome
the handicap under which he is labor
ing. - Mr. Taft Is away in the lead
the President has said that Mr. Taft
will be nominated on the first ballot,
and Mr. Taft himself will keep up his
fight with the same vigor tnat has
been shown since he returned from the
Philippines. Mr. Hughes, to be nom
inated, would have to win over many
votes which are now counted as safely
In the Taft column, and it is to be re
membered that Mr. Taft has not count
ed on getting New York. His letter im
plied his own confidence that he can
be nominated without the New York
It has been contended all along that
Mr. Taft was weakened because of
the fact that Mr. Roosevelt favors his
nomination. But it cannot be denied
that Mr. Hughes is handicapped be
cause Mr. Roosevelt does not want him
named by the convention. It may be
true to some extent that Mr. Roose
velt's Indorsement is a handicap, but
his opposition is a greater handicap.
The policies of Mr. Roosevelt are gen
erallyi approved . by the Republican
party; he believes Mr. Taft is the most
likely man to continue those policies;
(Concluded on Page 5.)
BMW UI.UL nilljlll.
: it y. i&t
' t ' '''
-AFTER THE SEIT PRESIDENTIAL ELECTION
TO KIDNAP RUEF
Plot Discovered inTime
to Thwart It.
GRAFTERS' SENTENCE FIXED
Played the Prosecution False
From Very Beginning.
MEMORY SUDDENLY FAILED
Treachery Caused Annulment of
Immunity Contract Ruef Begged
Another Chance Calhoun
Tries to Force Langdon.
SAN FRANCISCO. Jan. 29. (Special.)
An attempt to kidnap Abe Ruef from
the County Jail and spirit him away
was unearthed tonight by Sheriff Larry
Do I an. The details of the plot were
revealed by one of the guards, who had
een the preparations. The plot was
being engineered by the indicted mag
nates, who recognize that they must
get Ruef out ot the way at all hazards
to save themselves.
The Sheriff tonight admitted the
facts In the t matter. He said the dis
covery had been made in the .nick of
time. He doubled the guards at the
prison toilight and placed special
watchmen at Ruef'a cell.
Ruef's Fate Is Decided.
In the midst of the denunciation be
ing heaped upon the graft prosecution
by Patrick Calhoun and his fellows in
Indictment has come a clear light
showing that the prosecution stands
at the present moment as strong as, if
not stronger than; ever.
Abe Ruef's trial will be pressed with
vigor. Then he will be sentenced to
14 years in prison. He may at once
be placed on trial again and his sen
tence raised to 28 years. Then Patrick
Calhoun will be put on trial and Ruef
dragged from the prison to testify.
Played False With Prosecution.
This, arrangement has been made
necessary by the discovery that Ruef
and the Indicted magnates were nego
tiating during the very time that Ruef
was under guard. The plot has been
unearthed by Special Agent William J.
Burns, and It includes the insinuation
that Ruef had an advance tip on the
decision of the Appellate Court, which
quashed the Indictment against him.
With this information, Ruef, believing
he would be turned loose, suddenly lost
his memory on all matters that would
tend to incriminate Calhoun and other
indicted magnates. He had testified
freely before the grand Jury on these
matters, but at the time of the Ford
trial suffered a complete lapse of
Wrhen Mr. Bums gained the evidence
showing the plot between Ruef and the
magnates, he showed it to Francis J,
Heney and District Attorney Langdon.
Mr. Heney and Mr. Burns at once pro
posed to abrogate the immunity contract,
but Mr. Langdon held out, stating that he
believed that Ruef would yet play fair
with the prosecution. Finally, however.
Mr. Langdon was convinced that Ruef
had been playing double and the decision
was reached to cancel the immunity
When Ruef learned that the immunity
contract was to be broken, ' he begged
with all his strength to be allowed an
other chance. He broke down and wept
and practically confessed to the facts
that Mr. Burns had unearthed. At the
meeting between Ruef and the members
of the prosecution, Ruef made a flnal ap
peal to Mr. Burns, but in sharp language
Mr. Burns told the former boss that he
had had 'his chance and had failed to
Must Come as Suppliant.
When Ruef next seeks the prosecution.
It will be as a suppliant, begging to be
allowed to go on the stand to tell the
truth in the hope that he may thus mate
rially reduce the sentence he is to receive.
Calhoun is making a vigorous effort to
force the prosecution to place him on trial
immediately. He fears the consequence
after Ruef" a conviction.
L-ANGDON HAS THE ADVANTAGE
Attributes Nietro's Statement to Out
maneuvering of Grafters.
SAN FRANCISCO. Jan. 29. Neither
District Attorney W. H. Langdon nor
any one associated with his office in the
prosecution of the bribery-graft cases
was at all disposed today to discuss the
statement given out last night by Rabbi
Martin W. Littleton. Who Made
Argument for Thaw and Scored
Jacob Nleto, of the B'RJth Israel con
gregation, in which he made known some
of the details of the deal between the
prosecution and A'braham Ruef, resulting
In the immunity contract.
"These outbursts on the part of the
defendants in these cases show that the
prosecution' has the tactical advantage,"
said Mr. Langdon to the Associated
Press, "and this technical advantage we
are going to keep."
The District Attorney then explained
that he was speaking of the statement is
sued yesterday by Patrick Calhoun, pres
ident of the United Railroads, In which
the prosecution was charged with bad
faith and ulterior motives, as well as the
statement of Rabbi Nleto.
"The fact of the matter Is," continued
the District Attorney, "that these de
fendants have been out-maneuvered in
the tactics. They recognize this, hence
the writing and outbursts, charges of
bad faith, broken promises and ulterior
Neither Judge Frank H. Dunne nor
Judge William P. Lawlor, of the Su
perior Court, would deny or affirm the
alleged midnight conference between
themselves. Special Agent Burns and
Rabbi Nieto and Kaplan. In which, ac
cording to Rabbi Nieto's statement, they
(Concluded on Page 2.)
CONTENTS TODAY'S PAPER
IESTERPATS Maximum temperature, 47
degrees: minimum, 42 degrees.
TODAY'S Generally fair; westerly winds.
British Parliament opened and King Edward
outlines legislation. Page 2.
Evidence closes at Btoessel trial. Page 3.
Cortelynu explains his financial relief meas
ures. "Page 4.
Senators have warm debate ou Cortelyou's
report. Page 4.
Coal bill for fleet's voyage debated In the
House. Page 4.
Hughes indorsed by New York county com
mittee. Page 1. ,
Announcement of Hughes' candidacy comes
too late. Page 1.
Fulton answers Heney's charges. Page 1. .
Littleton makes argument for Thaw's de
fense and scores Jerome. Page 2.
Hueston laying plans to turn on Pennsyl
vania grafters. Page 3.
Preacher holds gossiping convention of wom
en. Page 3.
Two more New York banks fall. Page 3.
Pacific Const. "
San Francisco grafters try to kidnap Ruef.
Prosecution's plans for punishment of Ruef
and trial of other grafters. Page 1.
Wholesale discharge of Japs in Southern
California. Page 0.
Army men alarmed by seizure of strategic
point on Sound by Japanese. Page 6.
Albany Council passes drastic local option
law. Page 6.
Mrs. Baumgartner cannot lose no matter
which way suit is decided. Page 8.
Commercial and Marine. '
Promoters of Hopgrowers' Union (discour
aged. Page 15.
Wheat prices weak most of day at Chicago.
- Page 15.
Support withdrawn from stock market.
Export business for January ends with
clearance of Amazon and the Lady
Wolsely. Page 14.
Portland and Vicinity.
John H. Hall, testifying In his own behalf,
flatly contradicts Hendricks' testimony.
Public-service corporations cannot be com
pelled to file reports. Page 14.
President 'Earilng, of St. Paul road, spends
day Inspecting city's harbor. Page IT,
Japanse fight' bloodless pistol duel on street;
mob threatens police. Page 10.
City Council divided over appointment of
park expert. Page 10.
Mount Hood Power Company may bid for
city lighting. Page 10.
Eva Palmerton's suit for divorce denied by
Judge Bnonaugh. Pa.-e 11.
State Senator Hodson attacks Statement No.
1 at Union Republican Club smoker.
IN OWN BEHALF
Vigorously Denies Con
spiracy Charge. .
NOT' UNFAITHFUL TO TRUST
Declares He Has Not Been
Dilatory in Prosecutions.-
GIVES HENDRICKS THE LIE
Kx-Unlted States District Attorney
Positively Contradicts Testimony
That He Entertained Proposal
to Hold Club Over Stelwcr.
I PROGRESS SLOW IN HALL TRIAL. I
John H. Hall takes witness stand t
4 In own defense. Denies that he ever
entered alleged conspiracy wltlh W.
I w. Steiwer et al, or that he waa f
ever derelict of his duties a a Gov- J
eminent prosecutor. Hall will proba- 4
t - bly complete his testimony at morning
1 seselon today, when Heney will begin
f cross-examination. 4
Defense will call another witness 4
t after Hall and1 Heney will offer some
I testimony In rebuttal. Final argu- J '
nients will not begin before tomor- ?
t row afternoon and possible not. until 4
I Saturday. Unless trial la expedited, I
I it will be Impossible to send caae J
to the Jury this week. J
For over three hours yesterday John H.
Hall, ex-United States Attorney, testi
fied in defense of the alleged conspiracy
charged in the indictment on which he
is being tried in the Federal Court. He
vigorously denied that he had ever en
tered Into a conspiracy or an illegal
agreement with Steiwer and his asso
ciates or with anyfbody else. He assert
ed that at no time had he ever been un-
faithful to his truBt as a prosecuting
officer for the Government, neither had
lie ever been dilatory in prosecuting all
violations of the law that had been re
ported to him and supported by the nec
essary evidence. Mr. Hall will probably
complete bis testimony this morning and
the cross-texamlnatlon of the witness by
Heney will follow. Aside from the final
arguments to the Jury, Heney's cross
examination of Hall promises to be the
feature of the trial. "
Judge Webster, counsel for Mr. Hall,
said laat night that he would probably
call only one witness when the witness
finished his testimony, although it is
understood Steiwer will be recalled for
further cross-examination. Heney will
offer some testimony In rebuttal when
the defense has concluded Its case, so
that the final arguments cannot begin
before tomorrow afternoon and probably
not until Saturday. Yesterday's proceed- r
ings were tedious and but little progress
was made in the examination of Mr.
Hall. It the trial does not move more
rapidly today it - will be Impossible tn
send the case to the Jury this week.
Mr. Hall was called to the stand at
11:30 o'clock yesterday morning and said
that he had spent his entire life in Mult
nomah County, having been born on a
farm 14 miles east of Portland. " He was
admitted to the bar 21 years ago. Late
in October. 1897, he received from Presi
dent McKinley the recess appointment of
United States Attorney for Oregon. He
was reappointed and confirmed on Jan
uary 10. 1898. and although his four-year
term expired January 10, 1902, he con
tinued to hold the office, no one else
being appointed until November 9, 1904,
when he was reappointed by President
Roosevelt, holding the office until Decem
ber 31, 1904.
Says Hen d rick's Story Is False.
The ex-District Attorney testified that
he did not remember ever having seen
H. H. Hendricks, his alleged co-conspirator,
before the trial began two weeks
ago. Hall was not prepared to swear
that Hendricks did not call at Hall's of
fice in May, 1900, but he did not remem- .
ber the visit.
"A conversation between me and Hen
dricks might have taken place," answered
the witness when asked by his counsel
if Hendricks had ever suggested a
scheme by which Hall might be able to
Influence Steiwer's vote for United States
Senator in consideration for the non
prosecution of the Butte Creek Company
for unlawful fences. "The statement that
Hendricks, who was a total stranger to
me, came into my office and asked me
Into the private office and made any such
proposal to me is absolutely and unquali
fiedly false in every particular. If he had
I should never have forgotten the con
versation. Neither he nor any one else
ever made such a proposal to me."
Referring to the complaints that had
been mailed to him by E. A. Putnam
and other Wheeler County settlers
against the fences of the Butte Creek
Company, Mr. Hall said that In accord
ance with the custom of the office, these
complaints were referred to the depart
ment to which they belonged the In
terior Department. He said the com
plaints were turned over to Special Agent
Hall told of the first time he met
Steiwer, Id the Summer or Fall of
1900, a few months after Hendricks'
visit. He related that 'Steiwer cams
Into- his office and Introduced himself,
explaining that he had understood that
(Concluded on page ft.)