VOL. XL.VI. "0. 14,710. PORTLAND, OREUON THURSDAY, JANUARY 30, 1908. PRICE FIVE CENTS. MALICIOUS LIES, REPLIES FULTON 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 tract t "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 her place. 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. J" ' .. NEW -YORK GOMES OUT FOR HUGHES County Lines Up For His Nomination. 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 Lyceum tonight. 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 was given. "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 cago convention." . 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 journed. ' CAN HUGHES DEFEAT TAFT? Declaration Slay Prove Too Tjate to Offset Boom. 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 f ,1 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 factional strife. Hughes Delayed Too Long. There is a very general opinion th"- ' t. i -A a Kins Edward VII. Who Opened Parliament Yesterday. 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 delegation. 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. tf3k . : it y. i&t 5 'i ' t ' ''' -AFTER THE SEIT PRESIDENTIAL ELECTION MAGNATES TRY 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 i 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 memory. 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 agreement. When Ruef learned that the immunity contract was to be broken, ' he begged PRESIDENTIAL CANDIDATES 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 take it. 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 4 Martin W. Littleton. Who Made Argument for Thaw and Scored Jerome. 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 motives." 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 The Weather. IESTERPATS Maximum temperature, 47 degrees: minimum, 42 degrees. TODAY'S Generally fair; westerly winds. Foreign. British Parliament opened and King Edward outlines legislation. Page 2. Evidence closes at Btoessel trial. Page 3. National. 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. Politics. 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. . Domestic. 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. Page 1. 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. Page 15. 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. Page 1. 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. Tags 7. HULL TESTIFIES 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 Loomis. 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.) 1 Tim 105.0