Morning Oregonian. (Portland, Or.) 1861-1937, January 31, 1908, Image 1

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    VOL. XLVI.-NO. 14,711.
Heney Cross-Examines
Former Attorney.
Settlers Promptly Prosecuted
for Illegal Fencing.
Xo Steps Taken by Hall as Federal
Prosecutor to Curb Butte Creek
Corporation's Wholesale Op
erations at Same Time.
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.)
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.
Aid rich currency bill Introduced In Senate.
Possible compromise in Schuebel contro
versy, fag 4.
Fleet flighted at entrance of Magellan
straits, rage i. -
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
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.
Says Prosecution Vio
lates Pledge.
Would Testify to All He Told
Grand Jury..
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
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
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
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
It May Be Aimed To
Overshadow Hughes.
Suggest Plan to Cause Third
Term Stampede.
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
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. '
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
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
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.
China Takes This View of Fleet's
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.
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.
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
Sneersand Malice Give
Way to Cold Facts.. v
Suggests Two Minor Verdicts
to Thaw Jury.
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 )