TITE MORNING OREGOXIAX, SATURDAY, FEBRUARY 13. 1908. 5 RUEF'S STORY OF BROKEN PLEDGE Files Sheaf of Affidavits Alleg ing Breach of Immunity Contract. INDUCED TO TELL TRUTH make an affidavit of what transpired between himself and Judge Dunne md tile it with Judge Lawlor. Family and Two Rabbis Corroborate Boss' Charge That Complete Immunity Was Promised. Ruef Weeps in Court. SAN FRANCISCO, Feb. 14 Affidavits hearing upon the broken immunity contract between the prosecution anil Abraham Ruef in the bribery-graft rases, showing, lrom the defendant's standpoint, how he had been induced to "tell all he kyiew" upon the most positive assurances and guarantee that he would be granted complete Im munity, which agreement the prosecu tion has declined to carry out, were the feature In the hearing before Su perior Judge Lawlor today. The affi davits were by Ruef himself, his father and his sister, and with others already filed are to convince the court, in the present proceedings preliminary to the actual trial of Ruef, that his testimony before the grand jury was obtained by fraud on the part of the prosecution, and were presented In support of the motion by the defense that Ruef's ar raignment and plea be set aside to en able him to attack the Indictments with demurrers and motions to set aside upon constitutional grounds, asserting that he was deluded into not doing so before by the promises of the prosecu tion that he would not be prosecuted. Gave Sacred Word of Honor. The affidavits allege that pressure was brought upon Ruef by the prose cution, through his father. mother, sister and Doctors Jacob Nleto and Bernard Kaplan, two Jewish rabbis, and that the various members of the prosecution gave the most solemn as surances and pledges "on their sa;red word of honor." special Agent W. J. Burns and Elisor W. J. Risgy going so far as to assert "that they would kill any one who failed to carry out any part of the agreement of Immunity," if Ruef would disclose to them all that lie knew regarding the bribery to which the former board of supervisors confessed. Ruef stated in his affidavit that as late as January 15 District Attorney Langdon and Mr. Burns had promised to carry out the immunity contract, and on that day went before Judge Dunne for the purpose of having Ruef's plea of guilty withdrawn, which, he iiad been assured. Dunne hnd agreed to permit when the contract was en tered into. Mr. Langdon, upon cominp out of the judge's chamber, infornit him that Judge Dunne had refused to permit the withdrawal of the plea. Three days later, Ruef stated, he was informed by the District Attorney that the agreement would not be kept by the prosecution. Ruef Mored to Tears. When the affidavits of Ruef's father and sister were read, telling of their own suffering and that 'of Ruef's mother, and how they pleaded with the defendant to "save himself by accept ing the assurances of the prosecution." the sister asserting that Mr. Burns had declared to her "that he had come to like her brother as a man and would be his friend," Ruef became visibly agitated. His faced became flushed and several times he passed his hand kerchief over his eyes as he moved restlessly In the cushioned pew In the main auditorium of Temple Sherith Israel, where Judge Lawlor holds court. The afternoon session was taken up by the defense with citations of au thorities. The matter will come up again at 10 o'clock Monday morning. Ruef's Sister's Version. Henrietta Sittenfold, Ruef's sister, stated in her affidavit that Mr. Burns represented to her that hor brother would get life imprisonment, which would kill his old parents, if he did not comply with the de mand to tell all he knew. and that If he did comply it would re store him to the family and to liberty and give him a chance to resume his place among his friends and fellow cit izens, with every opportunity to re deem himself : that Mr. Rums gave "his sacred honor as a man" that her broth er would go free; that Mr. Burns said "Honey will act toward him (Ruef) as his greatest friend, and I have come to like your brother as a man and greatly admire him and will be his friend." The reading of these affidavits by Ruef's attorneys. State Senator George B. Keane and Richard O'Connor, was preceded by Henry Ach'B calling the at tention of the court to the reports made by some of the persons whose names were drawn for the jury box. that they had been approached by some alleged private detectives, who sought to get their views on, the graft prosecution. Attempt to Influence Jurors. "So far as the defendant in this case is concerned." raid Mr. Aeh."we want to assure the court tliHt not a single per son, other than his counsel, is being employed in any capacity." He suggested, however, that the rurt take some action. This brought forth a statement from Assistant District Attorney O'Gara that It wa reported that persons approaching prospective jurors declared themselves to re agents of the District Attorney's of-fl'-e and that Mr. Langdon authorize tlic statement that no one had bicn given authority to represent his of-tii-e in approaching the persons who had complained. After absenting himself from the bench a few minutes. Judge Lawlor returned and stated it was the view of the court that both sides were entitled to learn all about the personnel of the jury panefT but warned them that no one must speak to any member of it in regard to their views on the case and ordered that any such act be reported to him. Dunne Will Not Make Affidavit. Superior Judge Frank H. Dunne, when approached for an affidavit about what transpired at the alleged mid night meeting, when, it is said, he gave Ills assurances that he would allow Ruef to withdraw his plea of guilty, today ordered Frank J. Murphy, asso ciate counsel for-Ruef, from his cham bers. The incident occurred Just after the ad journment of Judge I.awlur's court. Ac cording to Mr. Murphy's statement, ho went into Judge Dunne's chamber for an affidavit and whs told "to get out." According to Murphy, Judge Dunne de clared "I don't want to speak to you." Mr. Alurphy declared that he would STATE LINE NOT MARKED AFTER MORE GARS Bill Proposes Re-survey of Idaho Washington Boundary. ORKGONIAN NEWS BUREAU, Wash., Feb. 14. If the House of Representatives acts favorably on Senator Heyburn's bill, recently passed by the Senate, a nice fat surveying contract will be. awarded early in the coming Summer to some man who wants to re-mark the boundary line be tween Idaho and Washington. The Sena tor's bill appropriates J25.O0O to defray the expense of re-surveying this line, which was originally laid off In 1S74. It has been known for some time that the line has not been completely marked and does not conform with the boundary pre scribed in the statutes. Surveyor-General Eagleson wrote Sena tor Heyburn two years ago pointing out the necessity for re-surveying the line. At that time he said that there was con siderable doubt as to the exact location of the initial point, at the junction of Snake and Clearwater rivers. The old survey was run from that point In a zigzag fashion in a northerly course, and the line, as then laid down, is believed to have encroached upon Idaho territory to a considerable extent. As a matter of fact there is from five to ten miles of the boundary that has never been surveyed. The old reports show that the original surveying party was driven from the field after marking 176 miles of line, because of bad Winter weather and lack of supplies. Moreover tho old measurements were made with link chains, and were erroneous. What Is equally deplorable is the fact that fully 25 per cent of the monuments marked on the original survey were growing trees. Whether the survey will be made by one contractor, or whether the work is divided up into sections and let to a num ber of surveyors will have to be de termined by the Commissioner of the General Land Office. He ts anxious that the' line should be relocated, and will probably handle the matter in a way to guarantee a correct as well as a speedy survey. FISH FLINGS UGLY CHARGE Declares Harahan Ran Illinois Cen tral $5,000,000 in Debt. . KEW YORK. Feb. 14. Stuveysant Fish, ex-president of the Illinois Central Rail road, took issue today with the recent statement of A. G. Hackstaff, vice-president of the company concerning an issue of equipment bonds which Mr. Hackstaff states was considered last Summer by the board of directors to finance floating in debtedness, "incurred by enterprises In sisted upon and supported by Mr. Fish." In his reply, Mr. Fish declares that the board of directors had never thought it advisable to Issue equipment bonds "until on January 15. 1S08, they learned for the first time that President J. T. Harahan had, by withholding audited vouchers from payment, run up in Chicago a float ing debt of about JS.OOO.OOO without their knowledge or that of any of their committee." LIQUIDATE ORIENTAL BANK United States Mortgage & Trust Co. to Take Over Assets. NEW YORK. Feb. 14. The United States Mortgage & Trust Company, It Is confidently stated, will take over the assets of the suspended Oriental Bank in the near future, and proceed to liqui date the bank. This plan means that all Oriental de positors who so desire will be paid at once. After the depositors are ' paid and the expenses of the liquidating, there will be a balance for' the stockholders suf ficient. It is believed, to give the stock a book value of at least J00 a share. It is estimated that the value on December 31 last was S2(fl a share. The deposits of the bank amounted to J4, 465,537 when the bank suspended.. STUDENT COMMITTEE QUITS Stanford Professors Have to Give Vp Too Much Time. STANFORD UNIVERSITY. Cal.. Feb. 14. The students' affairs committee, consisting of Profesors Durand. Kel logg, Cathcart, Newcomer and Foster, who have supervision of all student affairs, resigned today. It is said there is no friction with the university authorities, but that re cent rulings of the board of trustees required that the " committee .should give too much of the committee's time to supervision of students. President Jordan will announce a new committee next Monday. THE DAY'S HORSE RACES At San Francisco. SAN FTtANCISCO, Feb., 14. Results: Five and one-half furlongs Oeneen won. Charley Doherty second, Bannock Bob third; tlm 1.09. Three furlong Lady Ttenssaler won, MaririUno second. Erbert third; tima 0:;s;t 4-.v Mile and one-half Rotru won. Bose Ely ffrond. Alarlc third; timo 2:3U 2-5. Mile and one-half Ramus won. Kogro second. Prince of Orange third: time 2:39. Six furlongs Senator Beckham won, Roenew Becond, Altair third; time 1:13 1-5. Mile and 70 yards Import won. Red Ball second, Treasure eeeKer tnira; time 1:48 l-o.i At Los Angeles. LOS ANGELES, Feb. 14. Santa Anita results: Mile HI Caul Cap won. Brags second. Sub Mark third: time 1:40. Three and one-half furlonss La Paladin won, J. H. Reed second. Inclement third; time 0:41 2-3. Six furlongs Belle Griffon won, Taly sec ond. Rio Vista third; time 1:14 1-5. Mile -The Elks handicap Mark Anthony won, Molesey second. Tomy Faust third; time 1:38. Mile and three sixteenths Avontellus won. Kinsman second. The Poet third; time 2:00 4-5. Six furlongs Lord of Forest won. Taylor George second. La Gloria third; time 1:12 4-S. Shippers Appear Before Com merce Commission. CULBERSON-SMITH BILL At New Orleans. NEW ORLEANS. Feb.. 14. Fair Grounds results: Three furlongs Exotic won. Miss Haps burg second. Mips Snack third; time 0:37 1-5. Si:; furlongs Lotus Brandt won. Varsity second. Inauguration third; time 1:18 3-5. Mile and a sixteenth Alcade won. Flora Rlloy second. Salina G third; time 1:56. Six furlongs Oraculum won. Baleshed sec ond. Posing third: time 1:19 2-3. N'iglit Scores at Bowling. CINCINNATI. Feb. 14. The first contestants and total number of pins at the night games of the National Bowling tournament are as follows: National Bowling Association Corin thians. Newark, 7999. American Bowling Congress Furniture City, Grand Rapids. 7975. Western Bowling Association Paulsons. Denver, 7913. No scores of any consequence were made in the individual events today. International Championship Paul sons, Denver, 2620; Furniture City, Grand Rapids. 2723. The hlsh scores in the second shift of five-men events were: Car! Muellers. Chicago. 2S0S; F.Iks. South Bend, 2763; Schindlers and Girouxs, Chicago, 2711. Judge Cowan, of Texas, Says This Is Only Bill That Presents in Con crete Form Just What the ' Shippers Want Done. WASHINGTON. Feb. 14. The Senate committee on interstate commerce today gave a hearing on the Culberson-Smith car and transportation service bill under which railroads engaged in Interstate commerce would be required promptly to furnish cars to shippers. Those who spoke 1n behalf of the bill were Judge S. H. Cowan, of Texas, who was .one of President Roosevelt's advisers in relation to recent railroad rate legislation; Colonel I. T. Pryor. president of the Cattle-Raisers' Association of Texas; Murdo Mack enzie of the Livestock Association; C W. Merchant, of Texas, and A. E. Derickles, of Colorado. Representatives of grain and hay interests also appeared. Judge Cowan addressed himself chiefly to arguments that have 'been made against such legislation - on the ground that the car shortage has been due to the inability of manufacturers of rolling stock to keep pace with the demands. He said : The tonnage system whereby the railroads have attempted to make their locomotives and train crews perform an extraordinary amount of. service, lies at the bottom of the failure to get out of their facilities rela tively what they got before. it does not. therefore, lie in the mouths of the railroads to say that the law shall not fix & penalty to compel them to perform a reasonable service for the alleged reasons that they have not procured and cannot pro cure the facilities to do It, when, incontro vertible facts prove the assertion untrue. It was said by Judge Cowan that the bill before the committee is the only one that has been formulated to present In concrete and exact forms just what the shippers think ought to be done. He said that all of the Interests represented at the hearing were in favor of the bill. LOWER RATE FOR THEATERS Managers Ask Commission to Grant Excursion Rates. NEW YORK. Feb. 14. -The National Association of Theatrical Producing Man agers has petitioned the Interstate Com merce Commission for an amelioration of the existing high railroad rates as ap plied to theatrical companies. They ask that theatrical companies be put In a class by themselves, and that the rail roads be allowed to make special rates for them, it being argued that traveling theatrical companies should be treated as excursion parties with stop-over privi leges. Until the opening of the current sea son it has been the custom of the rail roads to allow special rates to theatrical companies on tour, but the recent rulings of the Commission forced the roads to abandon this custom. It Is argued that the railroads themselves are willing to return to the old rates. The condition of traffic in the South, in particular, has now become such that many large companies have canceled their dates rather than pay the rates of the "long jump" in that part of the country, as the Increased rates would eat up much of the profit if not all of it. The average Increase of rates in the South Is now a cent per mile, which, with a large company, means many thousands of dollars of traveling expenses. The ef fect of present railroad rates Is exempli fied by the fact that bookings for the South are said to be 70 per cent less for next season than Is customary with ad vance bookings at this time of the year. During the present season. 18 companies have canceled their dates at the finest theaters in the South, and other com panies which have continued on tour have reduced the number of actors at least one-quarter or one-third to the detriment of the productions and the dis satisfaction to theatergoers. QUESTION'S TO BE AXSWERED Judge Hough Issues Orders to lfar rinian and Kahn. NEW YORK. Feb. 14.-Judge Hough, in the United States Circuit Court, today issued an order supplemental to the opin ion of two weeks ago in the matter of the Interstate Commerce Commission's questions which E. H. Harrlman and Otto Kahn, of Kuhn, Loeb & Co. rc . fused to answer relative to dealings In llllonsl Central. Union Pacific and South ern Pacific Railroad stocks. The order gives the questions which must be answered in detail, but does not fix the time for the appearance of either man before the Commission. Of the two questions which Mr. Harrlman Is required to answer, one relates to the purcbas. of stocks between July 19 and August 9 that may have appreciated In value. he other was whether Mr. Har rlmaa or any of the directors of the Union Pacific bought stocks In antici pation of the dividend. Doctors and Lawyers Must Pay. LINCOLN, Neb.. Feb. 14. Attorney B. P. Waggener, of Atchison. Kas., representing the Missouri Pacific Rail way, today notified Attorney-General Thompson that all the transportation Issued to doctors and lawyers in Nebraska would be withdrawn. A list j including the names of 20 doctors and i i lawyers was mea a tew days ago. The railway commission ordered the persons prosecuted under the laws of the anti-pass act. Receiver Takes Charge. CINCINNATI. Feb. 14. James P. Good rich, who was appointed receiver for the Chicago. Cincinnati & Louisville Railroad Company at Indianapolis yesterday, as sumed charge today. H. S. Starr, general counsel of the company, said that the re ceivership had been brought about for the purpose of providing protection to in vestors. . Dividend Slightly Lower. NEW YORK, Feb. 14. Directors of the Texas & Pacific Railway Company today declared a dividend of 3 per cent on its second income bond out of the surplus earnings of the fiscal year ending December 31, last. The com pany has paid 5 per cent for, several Confer on Convention Plans. CHICAGO, Feb. 14.-Chairman Harry S. New, Secretary Elmer Dover, Sergeant-at-Arms Stone, of the Republican Na tional Committee, and the members of the sub-committee on arrangements for the National Convention, met here todav to discuss plans for the holding of the convention. Half-Price Sale Choice of any of our Winter Overcoats today only at one half the regular price. $30 Overcoats toda3'. . .$15 $25 Overcoats, today $12.50 $20 Overcoats today... $10 $15 Overcoats today : $7.50 CLOTH HS GC0 CusKuhx&Prop 166-168 Third St. BUY WILLAMETTE LOCKS FULTON MOVES FOR ESTIMATE . BY ARMY ENGINEERS. Will Try to Get Report Ready for Appropriation in Next River and Harbor Bill. OREGON IAN NEWS BUREAU. Wash ington, Feb. 14. Senator Fulton today made a brief speech in support of "his resolution authorizing the Secretary of War to Investigate and determine the. cost of purchasing the canal and locks at Ore gon City. He asked that the resolution be referred to the Commerce Committee, and expects an early favorable report. Fulton said that the locks, in private ownership, were a detriment to commerce. In that ships passing up and down the Willamette are required to pay toll. Be cause of the amount of commerce trib utary to the river, he declared that the river should be opened to free navigation, and predicts that, if the Government ac quired the locks, river traffic would largely increase. He explained that the state has already appropriated $9)0.000 to assist in the purchase on condition that Congress appropriate the balance. He hopes to have the estimate of the Army Engineers before next session, so that the necessary appropriation can be made in the river and harbor bill to be parsed next session. There will be no river and harbor bill this session. MORE PAY FOR OFFICIALS Western Men Unite to Raise Pay of Surveyors-General. ORBGONIAN .NEWS BUREAU. Wash ington, Feb. 14. Western Representatives In Congress intend uniting in an effort to amend the legislative appropriation bill while it Is being considered In the House so that Surveyors-General shall be paid J3000 annually Instead of J3000. as hereto fore. This Increase was recommended by the Secretary of the Interior, but the salaries were fixed in the bill at the former rates by the House appropriation committee. Recently by a regulation of the Interior Department Surveyors-General have been barred from retaining cer tain fees which formerly were allowed them and this makes it desirable. West ern Representatives believe, that salaries shouM ibe raised. WILL HEAR RAILROADS' SIDE Senate Committee Defers Reports on Fulton's Rate BUI. OREGONIAN NEWS BUREAU. Wash'., D. C. Feb. 14. The Senate interstate commerce committee decided today to hear arguments of the' railroad com panies In opposition to Senator Fulton's amendment to the interstate commerce act, providing for the sspension of In creased freight rates pending a hearing by the Interstate Commerce Commis sion. The subcommittee reported the amendment favorably, and It was ex pected the full committee would adopt the report today, but Chairman Elkins decided to give the railroads a hear ing February 21, promising, however, that there would be no further delay in making the report. CL'SHMAN DROPPED A RCXG Quits Race for President, Now Out for Vice-President. OREGONIAN NEWS BUREAU. Wah- ThP TieavlpRt cat in Thomaston, Conn., In owned hy Wfllard p. Barto. it recently tipped the scales at 24 Vi pounds. NORTHERN GROWN if Are tested and proved best for the West all other sorts being discarded. "Why experi ment, why take chances? You can absolutely depend on CHsXi seeds. Our catalogue for 1908, consisting of 112 pages, 16 colored pages made from actual photographs, with full cultural directions, is yours for the asking. You'll also find that tiitQ seeds are SOLD BT DEAIEBB The Chas. H. Lilly Co. Seattle, Portland, San Francisco. The World's Greatest Range The Incomparable "Eclipse THE HOME OF FINE CHINAWARE $7.50 Dinner Sets Today's Special $3.85 Of the best Semi-Porcelain Ware; delicate Pink Rose Design; 48-pc. set including 6 7-in. Plates, 6 7-in. Soups, 6 5-in. Plates, 6 Individual Butters, 6 Fruit Dishes, 6 Cups and Saucers, 3 Bowls, 1 12-in. Platter, 1 Pickle Dish, 1 Creamer $20.00 Sets (50 pieces), Limoges China today $11.50 All in dainty decorations; fine, thin ware. ODDS AND ENDS BAVAR IAN CHINA TODAY at HALF 50c Plates 25 40c Plates .. ... ,..20 30c Plates 15 25c Plates . . .' 10 20c Plates 3 for 25 50c Teacups and Saucers 20 65c Coffees 25 ODDS AND ENDS FINE GER MAN WARES UNDER HALF 40c, 45c, 50c Cups and Saucers . . 20 $1.23 Celery Trays 55 50c Spoon Trays 20? 50c Pickle Dishes 20c $1.10 Jugs " . 35 85c Jugs .25 EXTRA SPECIAL TODAY 65c, 75c and 85c Japanese Waste Paper Baskets in many styles, choice . . . 3Sc Each OREGON'S LARGEST AND BEST FURNITURE HOUSE L CEVURTZ SON FIRST ON YAMHILL- SECOND ington, Feb. 14. The Washington Times todav printed the following: "Representative Cushman. of Washing ton, Is no longer a candidate for the' Republican nomination for the Presi dency. He Is now an aspirant for the place of Vice-President. " 'Mentally. 1 had climbed to the very top of the elective ladder," he is quoted as saying, 'when, tn a careless moment, my foot slipped, and before I could re cover myself, a had dropped a rung. The view Is nearly as good from this altl tudlnous position, and I have sanded my shoes to prevent further mishaps.' " EQUIP ARTILLERY MILITIA War Department Recommends Ap propriation for Pacific Coast. ORBGONIAN NEWS BURBAU. Wash ington, Feb. 14. In accordance with his promise to Adjutant-General Ftnzer, of the Oregon National Guard, the Secre tary of War today recommended that an appropriation of J25.000 be made for the purchase of material, equipment, range finders, fire control equipment, etc., for the Instruction of a coast artillery militia organization. Ington, Feb. 14. The application of L. I,. Work, William Baines. Roy Dorothy. A. Zeller and W. I,. Davis to organize the First National Bank of Brewster. Wash., with $26,000 capital, has been approved by the Controller of the Currency. National Bank for Brewster. OREGONIAN NEWS BUREAU. Wash- More Pensions for Indian Veterans. OREGONIAN NEWS BUREAU, Wash ington. Feb. 14. Senator Ankeny has in troduced a bill increasing the pensions of Indian war veterans according to age, those of 66 to receive $12; over. 70, $15, and over 75 $30 per month. Spokane Bridge Bill Signed. OREGONIAN NEWS BUREAU. Wash ington, Feb. 14. The President has signed the bill authorizing the Idaho A Washing ton Northern Railroad to bridge tho Spo kane River, Washington, near Coeur d'Alene city. Hearing on Amendments. WASHINGTON. Feb. 14. The House committee on Judiciary has decided to grant a hearing tomorrow on bills looking to the amendment of the interstate com merce law. Currency Commission Tabled. WASHINGTON. Feb. 14. The House committee on hanking and currency today tabled all propositions to ap point a commission to consider cur rency questions. Nebraska Republicans for Roosevelt LINCOLN, Neb., Feb. 1 4. Following the Indicated preference at yesterday's primary vote, the Republican county convention hero today adopted a reso lution declaring for Theodore Roose velt for President, and Instructing its delegates to the state convention to work to that end. The two men In dorsed respectively for delcgate-at-large and district delegate to tho Na tional Convention, were instructed to support Roosevelt and In turn pledged themselves, if chosen, to vote for htm first, last and all the time. Bryan in Michigan. HOTLAND, Mich.. Feb. H.-William J. Bryan spoke before two big audiences here tonight and addressed about 2500 peo ple. He lectured to Hope College stu dents at 8 o'clock on "The Prince of Peace" the hall being crowded. Follow ing the lecture, he surrendered himself to the Democracy of Western Michigan. Alt the local Democrats were out and they were reinforced by large delegations from Grand Rapids. Grand Haven, Lansing and Miiskne( and other cities. msmmw 6 We have in our safe, in a sealed and witnessed envelope, the last line of the "Limerick" which appears below. The line has six words and ends in one rhyming with "ale." We will give a half-pound Ghirardelli's Cocoa can full of silver dollars (93) to the person who correctly supplies the missing line. One oeraon may send as many solutions as they wish, there is no limit. correct answer may be sent in any form, ' - but we nrefer that it be written upon the back of a label taken from any size can of Ghirardelli's Cocoa. Answers must be mailed on or before March 15, plainly ad dressed to GHIRARDELLI'S CONTEST DE PARTMENT, 20 MONTGOMERY STREET, SAN FRANCISCO. Here's the "Umenck" The j A sickly young student at Yale : Tried to strengthen himself upon j But a wise "College Widow." : Said, "Cut it out, Kiddo, "i ale, (Less Than a Cent a Cup) Is made with scrupulous, conscientious care and old fashioned attention to cleanliness, purity, goodness and quality. No Cocoa at any price can be better or more delicious. Your grocer sells and recommends it. 7, WW .Hi)4,(iiOi. 3