VOL. XLVI.-NO. 14,711. PORTLAND, OKEliOJN", FRIDAY, JANUARY 31, 1908. PRICE FIVE CENTS. Mb DRAWS NET CLOSE IN THE HALL CASE Heney Cross-Examines Former Attorney. LETTERS SHOW FAVORITISM Settlers Promptly Prosecuted for Illegal Fencing. BIG OFFENDER IGNORED Xo Steps Taken by Hall as Federal Prosecutor to Curb Butte Creek Corporation's Wholesale Op erations at Same Time. I.AVTVFR ATI) TRIAL IN BRIEF. Government begins introduction of letters to show tlmt Hall promptly prosecuted indlvidunl settlers who had from 200 to 400 acres of Gov ernment land inclosed in Gilliam and Wheeler Counties in ltM)l and 1PO-2. but neglected to institute pro ceedings against the Butte Creek Company, which had an inclosure or about 20,000 acres of public land tn tbe same vicinity. Another letter Is Introduced con tradicting Hall's testimony In that It shows that the investigation of un lawful fences in Harney and Lake Counties in 1002 .was made on the application or Special Inspector Greene, and not on Hall's initiative. Heney's cross-examination of Hall will occupy greater part of today's session. Arguments cannot be made and case sent to jury before late Monday afternoon or Tuesday. Francis J. Honey's cross-examination of John H. Hall yesterday materially strengthened the case of tho Government. One letter, that will be followed by sev eral others today, was introduced by Heney showing that Hall in 1901 and 1902,' when frequent complaints were being re ceived against the Butte Creek Company, look immediate and effective steps towards prosecuting settlers who had from 200 to 400 acres of Government land inclosed. The purpose of these letters Is to show conclusively that Hall did not molest Stelwer's company, whose enclos ure of public land embraced about 20,000 acres. Neither were other large viola tors of the fencing law disturbed, either by civil or criminal proceedings. ' Further evidence, contradictory of the testimony of Hall on direct examination, was offered by Heney at last night's ses sion. It consisted of a letter written by the Department of Justice to Hall In No vember. 1902, In response to a request from the Department of the Interior on the application of Special Inspector Greene, assigning Greene to report to Hall for the specific purpose of investi Ratlnc complaints of unlawful fencing by W. TV. Brown in Jlarne.- and Lake Coun ties, that had been reported to the Inte rior Department by Greene in the month of October. 1902. ' . What Hall Had Sworn To. On direct examination. Hall had tes tified that lie took the initiative in causing an investigation of conditions in those counties, and had contended that Ills action was responsible for the removal of the fences complained of. This correspondence was intended fur ther to discredit the testimony of Hall, who, on cross-examinatiqn in the after noon, had represented that it was the policy of the Interior Department not to be too active in prosecuting persons for Illegally fencing Government lands. llrncy, by this correspondence and other letters that will be introduced before the examination is concluded, proposes to establish the fact that the Interior Department always took Imme diate steps to cause the prosecution of all violators of the fencing law, when such violations were called to its at tention. During the afternoon, Heney con fined his questions on cross-examination of the ex-Distrtet Attorney, to a discussion of the anti-fencing act of 1885. and Hall's Interpretation of its provisions and requirements of him self as a prosecuting officer of the Government. As the attention of Hall was repeatedly called to the alleged violations of the fencing laws by the Butte Creek Company, Heney insisted on knowing the reason why Hall did not proceed to remove the fences or to punish the violators of the statute. Hall Kxplalns System. In .answer Hall explained that It had been the practice of the District Attor ney's office always to refer complaints al leging unlawful fencing to Special Agents attached to the Interior Department, and that no action was taken by the District . Attorney until a report had been made by the Special Agent who had been as signed to investigate the specific viola tions. in fact, the questioning of Hall during the afternoon session was altogether pre liminary to the damaging testimony that was presented by the prosecution last night over the earnest objections of Judge Webster, for the defendant, who ques tioned the admissibility of the letters as rroper cross-examination. Judge Hunt held that the letters related to the con duct of the District Attorney's office dur ing the tne of the alleged conspiracy In the indictment and for that reason were both relevant and competent. The letters introduced last night related to a. case of unlawful fencing in Gilliam County in tho early Summer of 1901, at the same time and in the same vicinity where the fences of the Butte Creek Com pany were being: complained against- In May, 1901, Jay Bowerman, United States Commissioner ttt Condon, reported to Hall the case of a rancher who had an en closure of about 260 acres of Government land. ' Took Action Promptly. Later an affidavit, reciting the facts of the enclosure, together with a description by which the land could be identified, was forwarded to Hall and the correspondence shows that he then notified D. L. Ebbert, the settler, that the fence must be re moved. "Ebbert responded informing Hall that the fence enclosed growing crops and he asked to be allowed to maintain the fence until he had harvested his crops, agreeing at that time to remove the fence. This was agreed to and in the Fall of the same year, Bowerman notified Hall that Ebbert had not kept his premise. Hall then wrote Ebbert and gave him five days in ' which to remove the fence under threat of both civil and criminal prosecution. The fence was removed. In connection with the consideration of - t Jv . V'i :: VJ Louise de la Barnes, "Ouida," Famous Novelist, Who Died la Poverty. these letters, Heney called to the at tention of Hall that Bowerman was the law partner of H. H. Hendricks, a mem ber of the Butte Creek Company, but Hall professed not to have had knowl edge of the fact at the time. Asked by Heney why he had not proceeded In the same manner against the Butte Creek Company as he did against Ebbert, Hall replied that it was because he bad re ferred -the matter to, a special agent and had not received a report. Brown Case Still Up. The consideration of the Brown case had not been finished when court ad journed to reconvene at 10 o'clock this morning. Aside from the correspondence with Attorney-General Knox, letters were introduced from John G. Saxton, a set tler, showing that he had reported the alleged unlawful lnclosures by Brown to Hall prior to the time . that Greene of ficially reported the case to the Depart ment of the Interior, and nearly a year before Hall made application to the At torney-Generil for a special agent to be assigned to him for the Bpeeial purpose , of investigating and reporting on the complaints against Brown. - . The cross-examination of Hall will be resumed this morning and will rrobaBiv last all day. By holding a night session last nignt. Judge Hunt, after a confer ence, with Heney and Judge Webster. thought it might be possible to conclude (Concluded on 'Page '12.) CONTENTS TODAY'S PAPER The Weather. YESTERDAY'S Maximum temperature, 38 degrees; minimum, 30 degree. TODAY'S Fair and continued cold; easterly- winds. . - v t Foreign. Helen of terror In Lisbon due to arrest of conspirators. Fage 7. Irish landlords clamor Tor coersion. Page 6. National. Aid rich currency bill Introduced In Senate. rage Possible compromise in Schuebel contro versy, fag 4. Fleet flighted at entrance of Magellan straits, rage i. - Politics. Bill to create new judicial district In East' ern Oregon. Page 16. Roosevelt to send message today which lets politicians guessing. Page 1. Bryan talks on political campaign contrl outions. Pag 6 Domestic. Morse's Consolidated Steamship Company applies for receiver. fo-g 4. Run on the Orient ai Bank In New York. Page 4. Jerome discusses Thaw case with cold logic. -rage i. Nine miners killed by exeloslon in West lrglnla. Page 4. KviUence In rapltol graft trial shows Ban derson might' have stolen more. Page 5. Faciflc Coast. Ruef says leaned on broke immunity eon tract, though he is ready to tell truth. Page l. Frantic Seattle woman draws gun on hu ma no officer. Page 13. Important real estate deal consummated In The Dalles. Page 13. Hungry politicians becoming active. Page 13. Commercial and Marine. Orders for Oregon butter come from East. paee 17. Wheat drops sharply at Chicago. Pace 17 Stock market waits for President's mes sage. Fage 17. Steamship Nicomedia enters with general irom rtongKong, Kobe ana Yoko hama. Page ltj Portland and Vicinity. Heney draws net closer around conspirators in Hall case. Page 1. Bids for Twenty-elghth-street bridge likely to be read-vertlsed. Page 10. Two tickets In field for Multnomah Club directors election. Page 10. Union Republican Club indorses appropria tion for support of State University. Page 10. Juvenile Court stops performance of child actress at the Grand. page lO. Wife of N?brakan State Senatnr brings mult In Portland for divon-e. Page 12. Oregon Trust Bttuk expected to reopen next Tuesday as German-American. Page li. RUEF DENIES ALL DOUBLE DEALING Says Prosecution Vio lates Pledge. LWAYS READY TO TELL TRUTH Would Testify to All He Told Grand Jury.. WO CHANCE TO NEGOTIATE Too Closely Guarded to Have Oppor tunity to Dicker With Defend ants Says Lang don Wants Him at Mercy. SAN FRANCIS-CO, Jan. 30. Abraham Ruef in open court this morning de nounced as untrue the statement of Dis trict Attorney Lanedon that he had been in communication with, the other defend ants in the United Railroad case and to night issued a statement in which he re peated hfs denial of his alleged double dealing: charged the prosecution with vio lating its solemn word of honor and writ ten pledges; accused the District Attor ney of trying to force him into absolute compliance with certain demands 'by se curing his conviction and then, ijpder promise of leniency, to compel 4iim to testify; reiterated that he-had kept faith and asserted that he was now and always had been willing to testify to the truth as he had done before the grand jury- Theory of Langdon's Purpose. Ruefs statement forms the third chap ter in the now famous immunity contro versy and Is as follows: It is evident from the various newspaper articles which "had their Inspiration in tho District Attorney's office, that the prosecu tion, in violating their solemn word of "honor" and their written, pledges' to me, are proceeding upon the theory that, tf they can get a Jury to'ttnd me guilty on this in dictment which they had expressly agreed to di.-miisa, they can "hen. under nromise of .leniency, force me into absolute comjlianc. with certain demands. I assert to the people of 'San -Francisco, and I can furnish the indisputable corrobo ration of men of the highest repute and in tegrity, that I have fully kept and per formed, both in letter and tn spirit, my part of the immunity agreement. I do not in tend to make a full statement now but there are two things which I desire to es tablish clearly in the public mind as to both of which misrepresentations are being made. Still Beady to Tell Truth. First. I have always been and am now ready td keep my part of the contract with the prosecution and to testify fully and completely to the truth, and the whole truth, in all matters. I have always been and am now. willing and ready to testify to the truth as I did before the grand Jury, and have always been and am now willing and ready to repeat word .for word that testimony, and further to testify to any other matter within my knowledge -and within the truth. There has never been a suggestion on my part that I would not abide by the testimony, or. that I would at any time decline or hesitate to reaffirm It. This Is well known to .the District Attorney and to others, and can be fully corroborated among others by Dr. Kaplan, who has the special confidence of the prosecution, and who, at their instance, was present at sev eral interesting interviews. Second, relative to the District Attorney's Intimation that his action In breaking his solemn word of "honor" was sartlally be cause he had "learned that I was dickering with the other side." I positively assert, and stand ready to prove beyond any possible doubt, that from the date of the immunity contract until the sudden and unexpected action of the District Attorney in breaking his pledges I have never directly or Indi !- rectly conferred with or communicated with any of the other defendants in these actions. . Could Not Confer With Grafters. V Not only would I not have done so for reasons of personal security and personal precaution, but, had I desired so to do. it would have been physically Impossible to do so. I have at all times had from five to eight of Mr. Burns' -private detective force in charge of me under the designation of "deputy elisors." Almost every breath I have drawn, every word I have spoken, every move I have made, have been dally reported by them not to Mr. Biggy. the elisor, but to Mr. Burns, the privately paid detective of the prosecution. With rare ex ceptions, in the case of my attorneys and certain ministers of religion, no visitor has been allowed to see me except in the pres ence and! hearing of these men. and only such visitors have been admitted as Mr. Burns granted the deputy elisors permis sion to see me. Moreover. I have never told any person, even my attorneys, anything which would be of the slightest value to any defendant. For example, I have never told nor spoken to any one to whom the prosecution had not already made disclosure of the existence of ra "Wf-MT . Jjr- f ..-T- CI ; ja. Edward 1. Stair, Who Has Sne- reeded as Theatrical Manager and Newspaper Man. and Now Seeks Political Fame. NEW YORK. Jan. 30. Edward D. Stair, who has already achieved success In the theatrical and news paper world, has now entered the political neld and become a candi date for delegate from Michigan to the Republican National Convention. the Immunity contract, the arrangement of withdrawing my plea of guilty before Judge Dunne.- -or the scope or tenor of my testi-f mony before the grand Jury In these cases. Says Honor Is Violated. I make these declarations to deny the im pressions that the prosecution are sedu lously seeking to circulate in an attempt to Justify their monstrous and oatrageous ac tion in attempting to set aside their obliga tions, their solemn .agreement, and their pledged words of , -hoar." after, using my testimony ard otherwise stripping me of large elements of defense through - my de pendence .upon their "honor." 1 expect later to make a full statement of all the facts. Before concluding, I call attention to the fact- that- only two weeks ago the District Attorney in person called upon Judge Dunne and .personally besought him' to carry out the provisions of these immunity agree ments, so -far as they concerned proceedings rn Judge Dunne'B court, an act which was certalnlK inconsistent with the pretenses now sought to be put forward that I have not been living up strictly to my part of these agreements. Kuef Announces Counsel. Ruef tonight announced that his coun sel would be composed of (prove L. John son, of Sacramento, Henry Acb, Frank J. Murphy, State' Senator George B. Keane, and several other lawyers whose names be declined to give at this time. Mr. Johnson is a member of the Lower House of the Legislature, and has for many years been a prominent figure in politics and well known as a criminal lawyer. Asked whether Mr. Johnson or Mr. Ach would be Ms leading' counsel, Ruef de- clared that was a matter for the law yers to determine among themselveB. Judge 'Lawldr today granted 'Ruef an other, delay In the beginning of his trial until Saturday morning because Mr. Ach would not return from Los Angeles till today. ' . w..en Rabbi "Bernard Kaplan was shown Ruef's statement, he said: "It is a dignified statement and, so far (Concluded on Page 4.) V S ft - t V?Sz r ?i -it DON'T GET-IN TOO' BIG A HURRY, GUM JG MESSAGE CAUSES GUESSING It May Be Aimed To Overshadow Hughes. THEORY OF REACTIONARIES Suggest Plan to Cause Third Term Stampede. ROOSEVELT FIGHTING MAD Purpose to Spike Guns of Adver saries, but Friends Kesent Re vival of Third-Term Talk. Wall Street Worried. WASHINGTON, Jan. 30. (Special.) Senators and Representatives and poli ticians in general are speculating with great interest upon the message which will go to Congress from th. White House tomorrow. The tip has gone around that the document will go into affairs affecting politics, and politics far beyond the mere question of employers' liability. There is a report tha this mes sage is to be the first of a series which the President will send to Congress in the next few months and that the set in its entirety may - have a marked effect on the National campaign now running Its preliminary course. Wall Street Highly Excited. Wail street telegrams received here to day by local brokers purporting to give a summary of the communi cation to be made to Congress have assWed in keying everybody to a blgh state of excitement antici patory of the publication of the full message. t . In Congressional circles the specula tion has taken various forms. Senator Lodge, closest to the Administration of any of the members of the upper branch, maneuvered definitely today- to keep the Senate from taking the usual week-end recess from Thursday until Monday, as had been planned. He succeeded, but only to arouse much curiosity as 'to why Friday must be the time fixed for the sending of the message, when it was known that the document had been in print for several days. - May Aim to Spike Hughes- Guns. Members of Congress with some inkling of the character of the message pointed to the coincidence in the time fixed for its publicity and the keynote speech to be made by Governor Hughes, of New York, before the New York Republican Committee. Mr. Hughes .is expected to enunciate his platform as a candidate for the Presidency in his address tomor row night, or at least to give for the first time some idea of his views on Na tional questions. Some politicians charge that President Roosevelt, by getting in a few hours ahead of the Governor, would present some matters of country-wide in terest that would cast a shadow upon the simultaneous reports of what the latter had to say In the next morning's papers. Revive Third-Term Bogy. Certain anti-Roosevelt and anti-Taft In terests profess to see in the developments an intention on the President's part to go Into the race for the nomination himself. Within a day or two reports have ap peared in anti-administration quarters to the effect that third-term talk was re viving, and that, If Mr. Taft could not MR. TAFT! be nominated on the first ballot at Chi cago, it was planned to start a Roosevelt stampede. Today some of the anti-administration folk declared that Mr. Roosevelt was seriously encouraging the favorite son movement" in various states in order to prevent Mr. Taft's nomina tion and make an opening for himself. Fig lit ins Mad With Knemles. It is needless to say that such reports are resented by the friends of the "Presi dent, and by the close and earnest sup porters of Mr. Taft. No one disputes the fact that the President is lighting mad over the -tactics put into operation by his enemies to prevent the succession, of a progressive Republican to the White House. He has set himself to work to spike the guns of the reactionists, but his ultimate object Is declared to be en tirely different from what his enemies would have it. ' DOES NOT WANT SEXATORSHIP Rumor President AVIU Not Try for Piatt's Seat. CHICAGO.Jan. 30. A local paper prints a story from Washington that President Roosevelt Is said to have' told that he William ' T ravers Jerome. Who Pleaded for Conviction of Harry 4 K. Thaw, will retire absolutely from public life for a year after his successor is inaugurated. He has abandoned, it is said, the idea of going: after Senator Piatt's job, and will probably take a long bear bunt in Alaska. Rejoins Beckham Forces. FRANKFORT, Ky., Jan. 80. Repre sentative Hopkins, who voted for John Mayo, of Johnson County returned' to Beckham today In the Senatorial ballot. There was no other change in. the bal loting. JUST ENTERING STRAITS FLEET SIGHTED FROM CAPE VIRGEXES, SOCTH AMERICA. Southernmost Point of Mainland Reports Smoke of Battleships Bound for Punta Arenas. BUENOS ATRES, Jan. 30.The follow ing? special dispatch was received here this evening: "Cape Virgenes, 4:43 P. M. In sight, maWng for the Magellan Strait, an American battleship. Judging by smoke on horizon, presume it is the vanguard of the fleet bound to the Pacific" Cape Virgenes is the sbuthermost point on the east coast of the mainland of South America and is directly atnhe en trance of the Straits of Magellan. The fleet will next call for "coal at Punta Arenas, also called Sandy Point, which is in the StraiVs in Chilean territory. MORE THAN PLEASURE CRUISE China Takes This View of Fleet's Movement. BERXJN, Jan. 30. Bishop Hcnning haus, apostolic vicar of South Shantung, who is visiting Germany, says that the departure of the American fleet of bat tleships for the Pacific Coast is looked upon in China as- something more than a pleasure cruise: serious reasons are thought to be behind this move. In China rumors of a war between Japan and the United States were prevalent, and Japan was thought to have yielded miserably In the negotia tions at Portsmouth that resulted in put ting an end to the Russo-Japanese war. TORPEDO FLOTILLA OFF AGAIN Sails From Buenos Ayres After Much Entertainment. BUENOS AYRES, Jan. 30. The flo tilla of American torpedoboats, under the command of Lieutenant Cone, on Its way from Hampton Roads to Mag dalena Bay, sailed from this point at 9 o'clock this morning for Punta Arenas, after a stay here of four days. The North American Society of the River Platte, entertained the visiting officers and men yesterday. There were field sports of various kinds and a col lation. Over a thousand residents of Buenos Ayres were among the guests. EYES OF JAPAXESE OX FLEET Orientals Go to Punta Arenas to In spect Squadron. PUNTA ARENAS, Jan. 30. Two Japa nese have come ashore here from the British steamer Orita. They are sup posed to be present In Punta Arenas for the purpose of observing, the passage of the American fleet. West Virginia Indorses Bryan. CHARLESTON, W. Va., Jan. 30. W. J. Bryan was unanimously in dorsed for the Presidential nomina tion at a joint caucus of the Demo cratic members of the West Virginia Senate and House of Delegates today. r -est r L. V.,,..v. V . im JEROME'S PLEA 15 BASED ON LOGIC Sneersand Malice Give Way to Cold Facts.. v WOULD ACCEPT COMPROMISE Suggests Two Minor Verdicts to Thaw Jury. KIND WORDS FOR EVELYN Prosecutor Xo Longer lcfcn White's Name, but Declares Woman Was A'W'tini of Circum stances and Degenerates. NEW YORK, Jan. SO. William Tfa- vers Jerome, representative of th people, made a masterly plea today that justice .be done in the case of Harry Kendall Thaw. VIndictivencss, sneers, insinuations, all were lucking; logic, analysis and a calm consideration of the facts were their substitutes, it was no blind appeal for. the vengeance of the law that Mr. Jerome addressed to the jury, but ever and always there was the note of fairness, even at time of mercy. The year that has elapsed since the first trial had wrought a wonderful and etartllng change in the prosecutor. No longer attempting to shield the name of Stanford White, lie accepted the story told by Evelyn Nesblt Thaw as true all but the drugging, and he made frank confession to the jury that the velvet swings and mirrored rooms of the studio house described by the girl were Indeed a miserable reality. No longer attacking Evelyn Thaw as a skilled adventuress, Mr. Jerome pleaded for the girl because she never had had a, chance for any of the higher, cleaner,- sweeter things of life. Thaw and White Denounced. The climax came, however, when Mr. Jerome denounced both Thaw and White in one breath and classed them as "two degenerates quarreling over a woman," and the woman, tlfo prose cutor declared, knew no more had been taught no more by the world than to play one against the other un til in jealous rage, in blindest hatre I, in vengeance of "an undeniably gross wrong done to his wife," Harry Thaw shot and killed the architect. The case will go to the jury tomor row morning and Thaw may know his fate before the setting of anothe - sun. Justice Dowling will begin his charge as soon as court convenes at 10:30 o'clock. He postponed the leading of his instructions until tomorrow in or der that the jury might have all day for consideration of the evidence be fore being locked up in the stuffy little room. . Suggests Two Minor Verdicts. District Attorney Jerome turned a willing' ear to the testimony of insanity, and emphasized it in a number of in stances. He admitted that Thaw had al ways been pfiysically weak, and at times his mind had been unstrung. And while at no point was there the direct offer of compromise in the prosecutor's speech, there was notably an indication that he would not feel that justice had been misdirected if a verdict of some lesser guilt than murder in the first de gree should be thoyculmlnation of the jury's deliberation. Mr. Jcfome carefully explained the elements that enter into a verdict of primary murder, the penalty of which is death, and then he pointed the way. to two other findings which he declared were possible under tho circum stances. . In first degree murder, the District Attorney said, the killing must have been the result of both intent and deliberation: in the second degree mur der, he said, the intent to effect death remained, but premeditation must have had no part. In manslaughter in the first, he de clared, the elements were an over whelming rage and fury which compelled the assailant to shoot without, however, the intent to inflict death. Mr. Jerome said he could not see how under their oaths as Jurors-'the 12 men in the Jury box could go outside of these three ver dicts. Basis for Insanity Finding. To render a verdict of not guilty on the ground of insanity, the prosecutor declared, it will be necessary under the statutes and the decisions of the Court of Appeals for the - Jurors to believe Harry Thaw was so insane that he did not know it was a pistol he had in his hand when he fired with perfect and deadly aim three bullets into the body of his victim: that he must have been so insane as not to know that the man he killed was Stanford White, the one man in the world whom be hated and had a motive for vengeance against; that he must have been so insane as not to know that it was against the law to take a fellow being's life; that he must have been so Insane as not to know what the police officers wanted . with him when he voluntarily surrendered himself into their custody and asked to be taken iuickly to the station-house, with the re quest that his brother-in-law and an attorney be sent for. and lastly, that be must have been so Insane as not to know (Concluded on Pace )