VOL. XL VIII. NO. 14,741.
PORTLAND, - OREGON, WEDNESDAY, FEBRUARY 26, 1908.
PRICE FIVE CENTS.
BELLE IYAIE
FOUND GUILTY
Jury Convicts Her on
Second Ballot.
CONSPIRACY CHARGE IS PROVED
E. E. Radding, Her Accomplice,
Shares Same Fate.
MAYOR LANE VINDICATED
lawjfr Malarkey's Masterly Argu
ment for Prosecution Turns Tide
Against Couple Accused of
Plotting Against Mayor.
Guilty, a charged, of attempting to
blacken the character of Mayor Lane
and of offending against public de
cency; such was the verdict returned
last night against Mrs. Belle Waymire
and K. E. Radding. The jury in the
State Circuit Court reached its conclu
sion concerning the highly contradic
tory testimony in 30 minutes of actual
deliberation. The 12 men were back
in court within an hour of the time of
leaving the jurybox.
Not only did the jurors vindicate
Mayor Lane, but after the order dis
charging them from further service
had been made, several of them sug
gested raising a fund to hire a brass
band and serenade the Mayor. They
said in no other way could they show
their feeling of sympathy for a man
who had been so grossly maligned.
One Juror offered to subscribe $5 to
uch a fund, and others said they
would contribute, but the suggestion
was not actually carried out.
Only Two Ballots Taken.
Two ballots only were taken. The
first ballot was 11 to 1 for conviction.
It tock some little time to convince
the juror who believed the two de
fendants Innocent. Eleven men con
centrated their arguments upon him.
He gave In shortly and on the second
there was no dissehtlng vote.
Arrest of Mrs. Waymire and Rad
ding followed immediately upon the
returning of a verdict. Neither was
in court, nor were any of their legal
representatives. Judge Gantenbein at
once issued a bench warrant and
placed it in the hands , of Sheriff
Stevens for service." No provision was
made for bail at the, time.
Jail Sentence Prescribed.
Sheriff Stevens detailed four of his
deputies on the case. The officers did
prompt and effective work, returning
Radding and Mrs. Waymire to custody
Inside of an hour. Mrs. Waymire was
located by Deputy Sheriff Seattle on
an Alberta car. Beattie boarded the
car on the East Side, shadowed her to
Fifth and Washington streets, where
she mot W. F. Bell, her fiancee, and
then arrested the woman as she was
entering tho Chamber of Commerce
building. The same officer located
Radding on Fourth street. .
"Increase the bail In each case from
J.nOO to flUOO" was the order tele
phoned by Judge Gantenbein when
notified by Sheriff Stevens that the
two were in custody. That substantial
increase is taken to show that Judge
Gantenbein takes no light view of the
ta.3e, and that the convicted plotters
can bardly hope to escape with any
punishment short of imprisonment
should efforts to secure a new trial
fail.
Not less than one month nor more
than six months in the County Jail is
the punishment prescribed by the code.
A fine may range from J10- to $200.
Both flno and imprisonment may . be
ordered In the discretion of the court.
Radding spent last night In the County
Jail because of the Increase in his bond.
Mrs. Waymire secured release by doub
ling her bond with Radding's. This
arrangement was suggested by Radding,
who said he would willingly stay in Jail
In order to give Mrs. Waymire the bene
fit of his ROD bond. He said he would
bo able to furnish the $10CO bond for
himself today.
That appeal In the case would be taken'
at once was indicated last night by John
F. Logan, chief counsel for the accused.
Under the law he has two days In
which to appeal, or move for a new
trial. It is the custom to extend the
time, on formal application and action
looking to a continuation of the fight
will likely be taken today.
Seeks Men Higher Vp.
District Attorney Manning announced,
after the finding of the Jury had been
returned, that lie Intended making an
investigation into the affair with a view
' to locating thoso behind Mrs. Waymire
and Radding in what a jury has branded
as a plot to ruin Mayor Lane. Mr. Man
ning said it was his theory that the
defendants were the tools of others, and
that he will do his utmost to learn the
identity of any accomplices.
The jury went out for deliberation at
6:03 P. M.. after having listened all day
to the closing arguments for state and
defense. Mr. Logan workod on their feel
ings during the forenoon until tears
actually glistened In the eyes of several
Jurors. Ho painted a striking word pic
ture of a wronged woman, mother of a
little girl, and of powerful officials striv
ing to ruin her because she was unfor
tunate enough to be poor' and good
looking at one and the same time.
Logan's Strong Appeal.
Mr. Logan made an appeal that won
the sympathies of all who heard him
and when he closed at noon conviction
was not expected by many of those in
attendance on the trial.
But Dan J. Malarkey turned the tide
of feeling after delivering, for three solid
hours of the afternoon, one of the most
remarkable addresses that was ever
made to a jury in Oregon. Not once
during tho time he spoke was there a
lull in interest. He connected up his evi
dence unerringly. He swept away the
barriers of defense and overcome the ef
fect of any impression made on the sym
pathies of the jurymen.
His address was clear and convincing.
When Mr. Malarkey had finished even
those who had been surest in predicting
acquittal had changed front. And in the
t'
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i
f
.
President Pardo. of Pern, Who la
Entertaining; the American Fleet.
v rr
V .'it
t
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list of these was one of the attorneys
for the defense.
IVars Soon Realized.
"I'm afraid now the case will go the
other way," he said, and his fears were
realized an hour later when the verdict
was read.
Comparatively few people were in tho
courtroom when the word was sent down
that a verdict was. ready. Hours of
deliberation had been expected." Messrs.
Logan, Fouls and McGarry were at
dinner, not expecting any agreement until
later, if at all. The jury was brought
in a few minutes - before 6 o'clock and
Judge Gantenbein then directed that tho
attorneys for the defense, or the defend
ants, be notified. Failure to locate any
of these persons, however, necessitated
action in their absence as the court ex
pressed himself as being unwilling to hold
the Jurors any longer than necessary as
they were already tired out. Had the
charge been that of a felony, presence
of the defendants or their attorneys
would have been necessary but not so
under a misdemeanor charge.
Disorder Follows Verdict.
During the brief wait about 100 people
had an opportunity to assemble in tho
courtroom. There was a tense silence
as the verdict was handed to the bailiff,
and by him to the court, who in turn
transmitted it to Deputy County Clerk
Wells.
"We the Jury In this case find the de
fendants guilty as charged." the clerk
read and there was a stir In the court
room which persistent rapplngs from the
bailiff's, gavel were required to end. .
Judge GcWitenbein took occasion to com
pliment the 13 men on their finding. "It
seems to me to be a Just verdict," be
said, "and I believe it reflects credit upon
you gentlemen and upon the city."
Mr. Malarkey then called attention to
the fact that the defendants were not
represented in court and asked for the
Issuance of a bench warrant for their
immediate arrest: The request was
promptly compiled with and the order
handed to Sheriff Stevens for service.
Would Serenade Mayor.
Jurors when discharged commented on
the case freely, several' saying that they
really felt, ashamed to think they were
unable to . bring in their, verdict Inside
of five minutes. W. W. Church and N.
Harris were among those who said they
favored hiring a-brass band and sere
nading Mayor Lane in order to emphasize
their views of the case.. The Jury was
made up of R. M.. Cannon, R. Burthen
shaw, B. Schmedler, W. C. Haseltine,
Thomas H. Smith, W."w. Church. J. D.
Hennessey, John Cronquist, N. Harris,
William Sales, C. W. Bowie and S. F.
Starr.
Mrs. Waymire and her fiance. Bell,
made something of a Bcene when the
woman was arrested at the entrance of
the Chamber of Commerce building
shortly after 7 o'clock. Mr. Beattie had
been instructed by Sheriff Stevens to lo
cate the woman's place of abode on the
East Side, and it was while thus engaged
that he saw her on a streetcar bound for
the West Side. Boarding the car the
officer followed the woman, not being
sure it was Mrs. Waymire, as he had
never seen her, and recognized the sus
pect only from photographs he had seen.
Mrs. Waymire in Tears.
When she stepped off the car at Fifth
and Washington and was met by Bell the
officer was convinced he was on the right
trail. He stopped them as they were
going into the Chamber of Commerce
block to consult with Attorney Fonts.
"I am an officer and have a warrant
for your arrest. The bail you now have
up has been increased," the Deputy
Sheriff told her.
"Has the Jury found us guilty?" she
asked anxiously, and on learning that
such was the case she began sobbing.
"My little baby, my little baby," she
cried, covering her face with her band
kerchief and turning away.
Boll protected that the woman should
not be arrested without first seeing her
lawyer, but Mr. Beattie said he could not
violate his instructions. Bell accompanied
CConcluded oa Pago la)
'
INSIDE STORY OF
GREAT MESSAGE
Sent to Congress
Against Advice.
WHOLE CABINET OPPOSED IT
Roosevelt's Courage : Shown
by His Decision. -
SAW HIS DUTY AND DID IT
Dismayed by Opposition of Advisers;
He Thought It Over and As- j
sumed Whole Responsibility
for Historic Act.
' By Walter Wellman to the Chicago Record-Herald
WASHINGTON, Feb. 25. (Special.)
That it requires courage to be President
of the United States such a President as
Mr. Roosevelt is a chapter of "inside"
history will show. It is not the history of
last year nor of the last century we are
dealing with, but the history of today. It
may.be none the less . interesting or im
portant for that. Is there any other his
tory half so fascinating as that of our
own times? This is a simple little epic
of those times, of the men and events
which are now molding our Nation into
whatever It is and whatever it is to be.
I have watched the hero of this little
story a good many years. I have been
in touch with him, have seen him grow,
and have frankly and freely discussed
with him almost .everything under the
sun, including himself. But In all that
time I have never known him to do a
more courageous thing than the act which
we are now to tell of.
All Said, "Don't Do It."
After President Roosevelt bad written
his recent message declaring that the
fight against corporate wrong-doing must
go on the most energetic, the most read,
the most discussed, the most sensational
Presidential message of our day Mr.
Roosevelt submitted it to the members of
his Cabinet. He asked their opinion of It.
Should it be sent to Congress or should
it not?
To the President's amazement, almost
to his dismay, one after another of his
official advisers declared that, while It
was a wonderfully strong paper, and all
that, it would be injudicious to send it to
the Congress. Every man of. them said
the same, thing:
"Don't do it at least not now."
Deliberated, Then Acted.
What did Mr! Roosevelt do? He
thought it over for a few days with a
man of action that is a long time. He
discussed with himself all the objec
tions his Cabinet had raised. He met
the question fairly and squarely in his
mind's processes. -And then he sent the
message to Congress.
To realize how much courage this re
quired, let the reader .imagine himself
in like situation. He contemplates
some radical, decisive step, taking a
big risk. His most valued and trusted
friends are called into council. Evey
ROOSEVELT W1LI,' EXJCKT A UTTtE
' ; '. ;
one of them, without exception, advises
against it. Then he threshes the whole
thing out for himself, assumes all the
responsibility, relies wholly upon his
own Judgment and intuition, . and goes
ail cad. -
Did It Because It Was Duty. -
Mr. Roosevelt was not surprised that
his Cabinet officers advised against the
message. He was not in the slightest
hurt or grieved because they did so.
This is evidence of his breadth of char
acter, his tolerance of difference' of
opinion and a -refutation of the theory
that he likes only men who agree with
him and toady , to him. ' The President
was not surprised, because what he
proposed was to fight. It was the
President's act and his alone, and he
was not afraid to do it, nor is he sorry
he did It. Something stronger than his
or anyone else's reasoning told him it
was hla duty his duty to the people.
"J"V
Wu Tine Fang, Chinese Ambassador .
to the United States, Who Is Be
lleTed to Have a Message Asking
America Aid Against Japanese
Aggression.
to the country and that Is why he did
it.
BOYS ROB BY WHOLESALE
TWO YOUNGSTERS CONFESS TO
SERIES OF BURGIiARIES.
Ixs Angeles Police Solve Mystery
and Recover Two Wagonloads
of Plunder.
LOS ANGELES, Cal., Feb. 25.-Postof-fioe
Inspector Wilson -said today that he
had obtained! the written confession of
Merle McRcynolds, aged 13, and Eddie
Eschrick, If, both of Hollywood, that
they had robbed 29 different residences,
stores and other establishments, includ
ing the Colegrove postofflce. Three other
boys were arrested on suspicion.
Two wagonloads of plunder, including a
key which would unlock any mailbag in
the United States and which was secured
when the Colegrove postofflce was robbed,
have been recovered.
The cellars of the boy's home and an
other convenient location are said to have
been used as hiding places for the stolen
goods.
Reach Agreement on Congo.
BRUSSELS, Feb. 26. The Etoile
Beige states that a complete agree
emnt has been reached between King
Leopold and Premier Schollaert on the
subject of the new text of the Congo
annexation treaty. The new treaty
will be presented befqre the Chamber
of Deputies tomorrow.
''MORAlJ PRESSl'RE" OM.V-XO THREAT
OR ABLE FRIENDS IN MANCHURIA.
i s-.'.1 . . .: ,' '-.. .-mwm. ::: ..:...' v l
REFUTE CRITICISM
OF BATTLESHIPS
Converse and Capps
" Convince Senators.
MANY OF CHARGES ARE FALSE
Reuterdahl Got Ideas at Sec
ond or Third Hand.
HE IS NOW WITH THE FLEET
After Hearing Reply to His Charges,
Senators Apologize for Calling
on Admirals Real Source
of Criticisms.
WASHINGTON, Feb. S5. Two experts
In naval construction Rear-Admiral Con
verse, retired, president of the Board of
Construction, and Rear-Admiral Capps,
Chief of the Bureau of Construction and
Repair, were before the Senate commit
tee on naval affairs .today in the inves
tigation of charges against the Navy
made by Henry Reuterdahl in a recent
magazine article. The charges were
taken up in the order they appeared In
the article and at the conclusion of the
extended refutation by Admiral Converse
it was stated by Senator Perkins that
the' apologies of the committee were due
the officers for having called them to
answer such charges. Chairman Hale
assented to this view and no member of
the committee took issue.
This incident at the conclusion of the
first day's proceedings is thought to in
dicate that the Inquiry will be short. It
has not been determined whether the
committee will enter upon an Investiga
tion of any subject except those em
braced in the criticism of the battles. iip
construction, but, if other questions are
taken up, it is certain no long-continued
discussion will be permitted. It is likely
that the entire Inquiry will be concluded
before the naval appropriation bill Is
taken up.
Where He Got Inspiration.
The development of principal interest
In the testimony of Admiral Converse
was that two of the charges made by
Mr. Reuterdahl were in language similar
to that used by Lieutenant-Commander
Hill and Lieutenant-Commander Simms,
on duty with the General Board of the
Navy, In articles which they prepared
and submitted to the Secretary of the
Navy at his request. He disclaimed any
purpose to indicate that these articles
or statements of those officers had been
the inspiration for the Reuterdahl attack
upon the Navy. Nevertheless, these of
ficers are to be called before the com
mittee In the near future. Secretary
Metcalf also will be a witness. No de
cision has been reached as to what per
sons will be called as witnesses outside
Of officers of the Navy.
At the Navy Department during the day
Lieutenant-Commander Hill submitted to
Mr. Metcalf his reply to the questions
addressed to him and Lieutenant-Commander
Sims as to their knowledge of
the source of information alleged to have
OF WAR, MI N I) ON OCR HOJf-
been furnished to writers who criticized
the constructive features of the Navy.
Commander Hill declined to discuss his
reply.
Admiral Converse, supported by Ad
miral Capps, was the first witness called
before the committee. Hale called upon
Admiral Converse to take up the Reu
terdahl article and give his views of the
charges contained therein. The Admiral
characterized some of the charges as
"very unimportant," some to be "so
stated as to give wrong impressions" and
some to be "absolutely false."
Gallinger suggested that the Admiral
state who Mr. Reuterdahl Is. The au
thor of the article was described as an
artist who had been employed by the
Navy Department for a' time in design
ing gun prize trophies, and it was stated
that in that connection he had been with
battleships In action on several occa
sions. "Undoubtedly he had opportunity for
r ., . t
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, s 'I
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1 - s ; t
I ! I s '"'-T' i' V i
I Yum . .... xx (,rt,Y11s 1
W. G. McAdoo. Who Bored the First
Tunnel Under the Hudson River
at Sew York, Opened to Traffic
yesterday.
seeing and conversing with officers," said
the Admiral. He said that Mr. Reuter
dahl had no education as a naval man.
"Do you have reason to think that
some officer or officers of the Navy may
have inspired this attack?" asked Till
man. Simms and Hill Were Critics.
Admiral Converse said he did not know
that any officer had suggested the at
tack, but he explained that officers make
reports on various subjects at the re
quest of the Secretary of the Navy. Ha
said that two of these articles which he
had seen had contained criticisms of con
struction in line with the article by Mr.
Reuterdahl. He was Instructed to name
these authors and said that one report
made in 1903 by then Lieutenant-Commander
Simms, now Commander and
Naval Aide to the President, had made
reference to the characteristics of the
Mississippi and Idaho, which were to be
built, and another article had been writ
ten by Lieutenant-Commander Hill in
regard to the location of the armor belt.
He said that Mr. Reuterdahl had made
criticisms of two features of construction
In almost the identical terms employed
In the articles in question.
"Then," said Tillman, "without knowl
edge of all the facts, Mr. Reuterdahl
may have got his Impressions of the
weakness of the Navy from the reports
of these two officers?"
"I cannot say as to that,", replied the
Admiral. "It may be that he secured
his impressions from others with whom
these officers had talked."
Reuterdahl Now With Fleet.
"Where is this man Reuterdahl now?"
asked Dick. It was explained that he
was on the battleship fleet on its cruise
to the Pacific, having been permitted to
(Concluded on Pase 3.)
CONTENTS TODAY'S PAPER
-The Weather.
YESTERDAY'S Maximum temperature, 06
dogrreea; minimum, 43.
TOIAYS Rain; southerly winds.
Foreign.
British ministers predict crisis in Turklph
affairs. Page 4.
Political storm brewing; in Portugal. Pape 2.
Awful desolation caused by revolt in Rus
sia. . Page 4.
National.
Senate, committee reports approving dismis
sal oC Brownsville troops. " Page 1.
Aldrtch bill attacked In House, supported In
Senate. Page S.
Senate committee hears refutation of criti
cism, of Navy. Page 1.
Bill to regulate grazing- offered by cattle
men. Page 2..
Wellman says Cabinet opposed Roosevelt's
special message. Page 1.
Fleet continues to enjoy festivities tn Peru.
Page 3.
Politics.
Hughes speaks in favor of party govern
ment. Page 3. ...
Folk speaks in New York against gambling
on races and In stocks. Page 3.
Bourne starts bureau to boom Roosevelt for
third term. Page 2.
' Iometic.
Murderer of Father Helnrichs confesses he
shot wrong; priest. Page 4.
Hudson River tunnel opened.' Page 5.
Facifta Coast.
Trial of Crotners and Older for libel begins
at .San Francisco. Page 2.
Boy burglars at Toa Angeles confess long
series of crimes. Page 1.
Japanese school question revived at
Sausallto: Page 5.
Arguments for and against referendum
measures will flU book of 20 pages.
Page 8.
Eaton will carry out his intention of giving
50,IHK to Willamette University. Page H.
Riot at Juneau funeral because corpse is
nonunion. Page 6.
Commercial and Marine.
Columbia River canners look for large
salmon pack. Page 15.
Wheat advances in all Eastern markets.
Page 10.
New York stock market neglected. Page 15.
R. P. Schwerin says that the longshore
charges in Portland are too high, page 14
Portland and Vicinity.
Jury convicts Belle Waymire and K. E.
Radding of conspiring against Mayor
Iane- Page 1.
CUy will renew lighting contract with
Railway Xlght & Power Company.
Pag 10.
Independent wheat buyers rejoice over de
cision in warehouse case. Page 16.
United Railways will build network of elec
tric lines In Willamette Valley, page 14.
Republican precinct meetings will be held
tonight. Page lO.
Attack on will of George T. Myers begins In
County Court. Page 11.
Multnomah wins league basketball cham
pionship. Page 7.
Manager McCreedlo signs Chicago league
player. Page 7.
CDMMITTEEVDTES
AGAINST FDRAKER
Brownsville Riot Is
Laid, to Negroes.
PRESIDENT'S ACTION UPHELD
Senator Lodge's Resolution
Passes, 8 to 4.
NOW GOES BEFORE SENATE
After Prolonged Investigation and
Fight, Step by Step, y Ohio Sen
ator, Discharged Soldler9 Are
Blamed for Disturbance,
WASHINGTON, Feb. 2S.-That the
sHooting affray at Brownsville, Ter.. on
the nigrht ot August 12-13, 1906, was done
by some negro soldiers of the- Twenty-
fifth United States Infantry and that the
testimony taken by the Senate committer
on military affairs fails to identify the
guilty persons Is the opinion of eight '
members of the committee. Four mem
bers of the committee voted against this
decision and one member did not vote.
The resolution declaring the guilt of the
negroes was submitted by Senator Lodge
and was adopted after five resolutions
by Senator Foraker, one by Senator Du
pont and one by Senator Scott, all of
which were offered as substitutes, had
been voted down.
The vote waa reached after prolonged
Investigation extending over two sessions
of Congress and after evidence had been
taken covering thousands of pages.
Practically every negro of the three com
panies of Infantry dishonorably dis
charged by President Roosevelt testified
In his own behalf, while evidence in sup
port of the President was given by many
Army officers and citizens of Browns
ville. Throughdut the entire controversy,
which In many sections of the country
had been made a political issue, the anti
administration side has been directed by
Senator Foraker. In the final vote in
the committee'a majority of the Repub
lican members eame to his support. The
Ohio Senator expressed himself as grati
fied at this, as it was apparent from the
outset that all of the Democratic mem
bers were convinced that the negroes did
the shooting.
Xow Goes to Senate.
The fight will be carried to the floor of
the Senate. The reports of the commit
tee will not be made for about ten days,
as Senator "Warner, who conducted the
examination of witnesses on behalf of the
Administration, will be absent from
Washington for that period. Action by
the committee therefore will be postponed
until his return. After the reports have
been made to the Senate it Is expected
that Senator Foraker will press the mat
ter to a vote there. If he should fieeure
the same proportion of the Republican
members of the Senate as he had in the
committee, the vote will be closer than
has been anticipated. The Ohio Senator
purposes also to introduce a bill to re
store to the military service such of the
discharged negroes as were shown beyond
reasonable doubt to have been innocent
of any offense connected with the affray.
At today's meeting Senator Lodge of
fered a, resolution as follows:
That, in tlie opinion of this committee,
the BhonttnR affray in Brownwville, Tex., on
the niRht of August 12, liHXi, was dine by
a number ot soldiers bfMoniclrnr to the
Twenty-firth Infantry, XI. S. A., then sta
tioned at Fort Brown. Texas.
Senator Foraker offered as a substi
tute the following:
The testimony wholly fails to identify the
Individuals or any of them who participated
in the shooting affray.
The Foraker substitute was defeated by
a vote of eight to five, the affirmative
being Scott, Foraker, Hemenway, Bulklej
and Dupont. The negative votes bring'
Warren, Lodge, Warner, Taliaferro, Fos
ter, Overman, Frazler and McCleary. The
last five named are Democrats.
Lodge Resolutions Adopted.
The alignment substantially was the
same on most of the substitutes offered:
The Lodge resolution was finally adopted
by tho same division except that Senator
Dupont did not vote, making three Repub
licans and five Democrats in favor ot sup
porting the discharge of the Negroes and
four Republicans on record against it.
The other Foraker substitutes were as
follows:
The testimony wholly fails to show that
the discharged soldiers of the United States
Twenty-fifth Infantry or any of them en
tered Into any agreement or so-called con
spiracy of pilence, or that they had among
themselves any understanding of any nature
to withhold any information of which they
or any of them might be possessed con
cerning the shooting affray.
Five Senators voted for and eight
against the resolution.
The testimony Is so .contradictory and
much of it so unreliable that It Is not suf
flclent to sustain the charges that soldiers
of the .Twenty-firth, United States Infantry
or any of them participated In the shooting
affray.
The affirmative votes were, four anil
the negatives nine. Senator Dupont
joined the latter.
The weight of the testimony shows that
none of the soldiers of tho Twenf y-flfth
fnlted States Infantry participated In th9
shooting affray.
Only Senators Foraker and Bulkley
voted for this resolution, 11 Senators
opposing it. i
The final resolution offered by Sena
tor Foraker stated that the testimony
CConcluded on Page U.