Morning Oregonian., March 11, 1908, Page 2, Image 2

1
THE. MORNING OREGONIAN, WEDNESDAY, MARCH 11, 1908.
SCHMITZ IS FREE,
RUEF HIS FRIEND
Grafting Mayor Released After
Reconciliation With His
Former Ally.
AFFECTING SCENE IN JAIL
Will Stand Together In Trials.
Heney and Langdon File Volumi
nous Affidavits Showing Ruef
Violated His - Contract.
SAN FRANCISCO. March 10. (Special.)
In the lonesome hours of the long day
and the dim light of the corridors of the
County Jail,' the old love has returned,
and Schmitz and Ruef have pledged anew
the bond that cemented them In the days
of their ascendancy. Nightly they have
talked the matter over across the check
rrboard and have decided to forget and
forgive, uniting for mutual protection.
Their alliance Is no secret. It has been
known to the prosecution for several
days and la common gossip among the
guards and prisoners at the Ingleslds Jail.
Ruef is said to have been the star per
pertormer in the little romance. He it
was who acted the noble hero, admitting
that he had erred grossly in making even
a pretense at telling the truth. It hap
pened one evening when Schmltz and
Ruef found themselves together and alone
in a corner of the prison, with only a
single guard to overhear their conversa
tion. At first there were low and formal
utterances, and then Ruef, with a tine
eye to the setting, the moment and the
occasion, reached his hand across to his
companion.
"Gene, I have thronged you." he said,
and he wiggled a tear out of his eye.
"but it's all over now. I'm with you to
the end."
Since this confidential talk Ruef and
Schmltz have met dally and have made
plans to stand together through the rest
of the graft trials. Each has given his
pledge not to testify against the other.
In fact, the understanding of former
days has been completely re-established.
Sohmitz has frequently consulted Ruef
about his case. Ruef has given freely of
advice. Schmltz bade Ruef a cordial
good night as he left the prison this
evening.
The decision of the Supreme Court
lraves Schmitz free from the taint of
conviction, with 34 indictments for bri
bery against him. Bail on the bribery
charges was furnished by 'William J. Din
gee, the cement millionaire, and Thomaa
H. Williams, president of the California
Jockey Club. From the prison Schmitz
went at once to his home, where his wife
and children greeted him.
Svhmitz may never return to jail. De
spite the evidence against him, it may
be Impossible to convict him on the bri
bery charges, as all the payments were
made to Schmitz by Ruef. Aa long as
Ruef refuses to testify against Schmltz,
the latter'a atttorneys say that he can
not be convicted.
SCHMITZ AGAIN' WITH FAMILY
Extortion Charges Dismissed and He
Talks of Vindication.
BAN FRANCISCO. March 10. After
being In custody for nine months ex
Mayor Eugene E. Schmltz was released
early tonight, after putting up an ad
ditional bond of 1150,000. and tonight
is with his family.
All of the additional extortion
charges upon which he was Indicted
have been dismissed by Judges Lawlor
and Dunne and he will not be tried
uopn them. There remain the charges
of bribery and those of accepting a
hrlbe, and it is upon these charges
that the case3 will be brought for
which he has given hall.
Many of his old friends were pres
ent at tho time of his release tonight,
and to them the ex-Mayr talked of his
pleasure at being a free man again.
He said he confidently expected to be
freed In time from all the other charges
now against him and to vindicate him
self before the people of San Francisco
and the world.
An automobile was in readiness and
Schmitz. was taken from the Jail to
his home.
Judge Frank H. Dunne this after
noon presided In his department of the
Superior Court long enough to make an
order sustaining the demurrer to the
Indictment and dismissing Schmltz
from custody in pursuance of the re
mittitur of the Court of Appeals, sus
tained by the Supreme Court yester
day, directing the trial court to take
this action, on the ground that the
charge, as contained In the Indictment,
did not constitute a crime, because It
did not aver that an "unlawful Injury"
was threatened by the Mayor.
Will Indict Schmltz Again.
Judge Dunne, .however, being of the
opinion that the objection on which the
domurrer was allowed may be avoided
In a new indictment, directed that the
rase against the ex-Mayor be submitted
to another grand Jury.
Campbell. Metzon A Drew, John J.
Barrett and Judge C. H. Falrall. the ar
ray of counsel for Schmltz, were ex
tremely active all day. Bonds for
$280,000. on which William H. LHngee
and Thomas H. Williams were the sure
ties, were filed by the attorneys with
Judge Iawlor. for Schmltz' release on
the indictments in the I'nlted Railroads
trolley and the San Francisco Gas
cases. The bonds were accepted
promptly by Judge Lawlor. There now
remains for the Msyor to furnish ball
for IsS.OOO In Judge Dunne's depart
ment. Bonds for this amount were
tendered to Judge Dunne this after
noon, but he declined to consider or
sign them until tomorrow morning.
Frank Drew, of counsel for Schmltz,
left Dunne's chambers vowing he
would bring habeas corpus proceedings
to have Schmitz released at once, but
finally concluded not to take this ac
tion, as It would not be heard until
tomorrow In any event. ' Mr. Drew,
however, termed Judge Dunne's action
In refusing to consider the bonds to
day and compelling the ex-Mayor to
spend another night at the County
Jail an Injustice. ,
Deny Ruef'a Claim to Immunity.
The other development of the day in
the bribery-graft prosecution was the
filing of affidavits by Francis J. Heney
and District Attorney William H.
l.angdon in answer to those made by
Ktiet and others In support of Ruef!
motion for the vacation of his arraign
ment in the trolley cases on the ground
that he had been promises) full immu
nity by the prosecution.
Mr. LanRdon, in his affidavit, besides
denying that Ruef was promised full
immunity or that Drs. Jacob Nleto and
Bernard Kaplan had been caused to
approach Ruef and Influence nim to
disclose what be knew In regard to the
bribery of the Supervisors through the
request of the prosecution.- as those
two gentlemen aver in- affidavits, de- J
clares that Ruef broke the contract, a j
copy of which is on file with the court. '
and was still tratorlous to the state
he had debauched and whose laws he
had defied," and that Instead of trying
to make reparation for the wrong he
had done, "was endeavoring not only
to save himself from the punishment
-he so richly deserved but also was en
deavoring to make certain the escape
from punishment of his eo-.defendants."
For that reason, avers the District At
torney, the contract with Ruef was de
clared to be no longer In force and
effect. No specific instances or proof
of Ruef's alleged double-dealing are
given by Mr. Langdon. but he says that
he was "satisfied beyond doubt that
Ruef had not fully and fairly disclosed
all the facts within his knowledge in
relation to the bribery of the Board of
Supervisors," and that he was "satis
fied beyond doubt that Ruef had been
for a long time aiding and assisting
Ihe defendants Calhoun, Mullally,
Ford and Abbott, and working with
them to defeat the ends of justice."
Ruef's Boast of Ability. '
The District Attorney alleges that, were
he not satisfied beyond a doubt that Ruef
has not disclosed all he knows in the
bribery-graft cases and that he bad not
kept faith with the prosecution, he would
resign from the office of District Attor
ney before he would violate or break the
agreement entered into wit if Ruef.
Mr. Langdon denies that the prosecu
tion promised Rnef that his plea of guilty
to the extortion charge would be with
drawn, and adds the Interesting state
ment that Ruef stated to him "that he,
Ruef, was one of the ablest lawyers in
the state, and that, while it would not
do for him to appear as an attorney of
record in the prosecution of the graft
cases, yet he ought to be admitted to the
most intimate confidence of the prosecu- i
tion, and that he would be of the great-1
est assistance In shaping Its policy and
determining the mode of procedure in the
graft cases."
Heney's Mammoth Affidavit.
The affidavit of Assistant District At
torney Francis J. Heney was not filed
until 6 o'clock tonight. It is perhaps the
most voluminous affidavit ever filed in a
criminal case in any court In this city.
The document contains about 65,000 words '
and is a detailed history of the bribery
graft cases, in which the former polit
ical boss has ever been the central figure.
Besides this document, the rapid fire of
affidavits that Ruef has directed at the
prosecution during the past three weeks,
numerous as they are. pales into insignifi
cance so far as words and volume arc
concerned. Ruef's longest affidavit, not
filed in this case, but in a civil action for
the recovery of money paid by himself for
his own incarceration in a private prison,
only contains about 20,000 words.
Says Ruef Broke Fledge..
Mr. Heney, like Mr. Longdon, denies
that Ruef was promised full immunity,
and declares that Ruef failed to live up
to a single pledge. The Immunity con
tract runs like a thread through the en
tire narrative. Mr. Heney avers that the
two Jewish rabbis were not asked by the
prosecution to assist in influencing Ruef
to confess and turn state's evidence, but
that they acted voluntarily and that one
of them appeared to be more Interested
in getting Ruef free than In the moral
issue involved.
Mr. Heney avers that it was, and still is,
his belief that Henry Ach, leading attor
new for Ruef, was cognizant of the cor
ruption existing in the Board of Super
visors and that he was instrumental in
drawing the affiravits in which Ruef and
the Supervisors declared that they were
innocent of crime. The following is a
brief synopsis of the allegations made by
Mr. Heney:
Conditions of the Promise.
That Ruef was never promised com
plete Immunity from punishment, but was
given to understand he must accept sen
tence for extortion.
That It was expressly stipulated that no
request for leniency would be made by
the prosecution in the extortion case un
less Ruef'a testimony proved to be of as
much benefit to the state as Ruef repre
sented it would be and unless Ruef fur
nished corroboration for it.
That Supervisors Wilson and Gallagher
approached Ruef at the Little St. Francis
Hotel and discussed Immunity with him
without teh knowledge or authorization of
Mr. Langdon or Mr. Heney.
That Rabbi Nieto declared he believea
Ruef should receive some punishment for
his crimes and that he agreed with Mr.
Heney that the District Attorney should
retain the power to sentence Ruef at any
time if Ruef failed to keep his agree
ment. That the entrance of Rabbis Nleto and
Kaplan into the case was at their own
suggestion pand initiative.
That Ruef himself prepared a draft of
a proposed immunity contract, which Mr.
Heney absolutely refused to consider.
That Henry Ach and Rabbis Nieto and
Kaplan held several secret conferences
.with members of the prosecution in Mr.
Heney's office.
That Henry Ach freely admitted Ruef
had no chance to escape conviction In
some of the bribery cases, and urged his
client to accept the best he could get
from the prosecution.
That Mr. Ach declared to Mr. Heney
that Ruef would Implicate certain big peo
ple In big deals of which the prosecution
had no knowledge and specifically men
tioned the names of Schmltz, Calhoun,
Ford and Herrin.
That the midnight meeting with Judges
Lawlor and Dunne was suggested by
Rabbi Nieto, and that no promise to dis
miss cases ' against Ruef was exacted
from either Jurist, the Judges being simply
asked their usual policy In regard to dis.
missing cases against defendants who had
tnrned state's evidence, and being ques
tioned as to their confidence In Mr. Lang
don and Mr. Heney.
Feared Murder by "Higher Vps."
That the habeas corpus proceedings to
determine the legality of an elisorshlp
were dismissed because Ruef feared he
would be killed by hired assassins of the
"higher-ups" If placed in custody of
Sheriff O Nell and withdrew his petition
to avoid this possibility.
That Ruef's first statement to Mr.
Burns, supposed to be part of his confes
sion, was false.
That Ruef informed the newspapermen
the day he confessed that he expected to
serve a term in prison.
That Mr. Heney refused to have any
thing further to do with Ruef when con
vinced that the latter was lying, and that
Mr. Heney believed that George Keane
Informed Schmitz of Ruefs agreement
with the prosecution.
Burns Will Tell Story Today.
Mr. Heney's affidavit will be followed
tomorrow by the filing of one by William
J. Burns, the special agent for the prose,
cution. who had charge of the investiga
tion and gathering of evidence in the
bribery-graft cases. Mr. Bums' affidavit
will be a general denial of the allegations
made by Ruef, and will corroborate Mr.
Heney in all matters upon which the lat
ter made averment. Mr. Bums' affidavit
will contain about 40.000 words.
Ruef will come up tomorrow morning
for trial upon another of the I'nited Rail
roads trolley indictments. Whether the
court will proceed with this trial pending
decision upon the motion and affidavits
In support of the vacation of his arraign
ment and withdrawal of plea of not
guilty, enabling Ruef to attack the valid
ity of the indictments by dtmurrer, will
be determined by Judge Lawlor tomorrow
morning.
Radium acts upon the chemical constit
uents of glass, porcelain and paper, imparting-
to them a violet tinge: chanres white
phosphorus to yellow, oxygen to ozone, af
fects photograph plates aad produces many
other curious chemical changes. .
Decorated China Sp I Sale
German' china, prettily decorated and pressed' glass
ware, at half regular value. Two bargain tables filled
with useful articles. The following are examples: -
8-in. Satad or Berry Bowls,
special, each 10
fl-inch Cake Plates priced
at only, each .8
6-inch handled Olive ,
Dishes 8
Cream Pitchers, one-pint
size ...8s
This- Is Art Department Wee
to the Pacific Coast, We also direct special attention to our showing of stamped patterns
in baby hats, collar and cuff sets, stock collars and medallions in the new Medici lace braids.
Exclusive Tailored Hats
Castle, Fiske and others. Popular prices will be served
and the .music of savings will be heard all day. Deco
rations will be in all colors. The reception is bound to
be a huge success. You are most cordially invited to
attend.
TRIMMED HATS
$3, $3.25, $3.50, $4, $5, $6, $7.50, $9.50 and up
RATES TB SUIT TIMES
GENERAL FREIGHT AGENT IiVCE
GIVES TESTIMONY.
Says Southern Pacific Made Special
Rates to Meet Competition, Fa
voring Raw Materials.
SAN FRANCISCO, March 10. The first
session of the Investigation by the Board
of State Railroad Commissioners into the
practice of granting special rates by the
Southern Pacific Company to favored
shippers . was devoted today to the ex
amination of G. W. Luce, general freight
agent. Luce testified that he was chiefly
responsible for fixing special rates, that
they were granted to meet comptltlon or
special conditions, and that they were
graduated for commodities, unfinished
products that were to be manufactured
being given unusual privileges in the
matter of rates. It also developed that
the special rates, while Inside at the time
they were granted, have since been pub
lished In the regular tariffs.
Luce was not permitted to testify be
fore Interstate Commerce Commissioner
Franklin K. Lane last October on the
ground that his examination would pre
clude the possibility of a criminal prose
cution and would prejudice the interests
of the Department of Justice. The State
Commission, however, failed to observe
the precedent, and Attorney-General
Webb interposed no objection to Luce be
ing sworn.
Luce testified that the special rates
were made to meet water competition,
competition over short hauls offered by
teams, and that It was the general prac
tice here, as in all the country, to ex
tend advantageous rates to unfinished
products that were later to be manufac
tured. H further stated that the same
5-inch Sauce Dishes, set of
6 for ...... 50
7-inch Plates, set of 6.63
Glass Spoon Trays, ea..5tf
Glass Violet Bowls, 4-inch
' size, each : .... i ... . lO
Handled Jelly Dishes, glass
sale price 10
A special display in the windows and in the depart
menton the second floor of goods that appeal to
fancy needle workers and women fond of dainty
linen and home embellishments. The display is an im
mense one and very artistic, containing finished pieces in
lingerie shirtwaists, corset covers, dressing sacques,
aprons, skirts,
racks, cushion
They are shown in white or colored materials and stamped in all the new de
signs, including the latest novelty, "Lazy Daisy" embroidery i Women with
a taste for fancy needlework are cordially invited to avail themselves of this
opportunity and to inspect one of the most complete assortments ever brought
OUR MISS BERNARD IS BACK FROM NEW YORK BRINGING
WITH HER HUNDREDS OF THE NEWEST STYLE CREATIONS
In brave array the
advance guard of
1908 millinery styles
are grouped to wel
come you in our milli
nery Section today.
We 'd be pleased
to present you to Mrs.
' ' Merry Widow "sail
or, Miss "Russia"
turban, Mile. "Diab
olo" Crown Turban
and Miss Large Sail
or. These four are on
the receiving line,
while charming as
sistants, too numer
ous to name, have
been hurried here by
such famous milliners
as Gearhardt, Gage,
rates would be granted to all under the
same conditions.
UNITED RAILWAYS IN TROUBLE
Westlnghouse Receiver Enjoins
Other Creditors From Suing.
PITTSBURG, March 10. The receiv
ers of the Westlnghouse Electric &
Manufacturing Company were today
authorized by United States Circuit
Judge Young to enjoin other creditors
of the United Railways Company of
San Francisco In the adjustment of
their claims against the California Com
pany. The Westlnghouse claim
amounts to $117,539.
The petition states that the United
Railways Company has a floating debt of
about J3.500.000. and that unless some ar
rangement is made to meet this. It will ba
forced Into the hands of a receiver.
The United Railways Investment
Company, which owns all the capital
stock of the railway company and a
majority of the stock of the Philadel
phia company, of this city, has agreed
to Issue notes to the amount of $3,
600,000. to be secured by an Issue of
first preferred, stock In the United
Railways Company, to meet these ob
ligations. The chief creditors of the United
Railways Company, among whom are
the General Electric Company and the
Lorain Steel Company, are said to have
agreed to the proposed plan.
Asks for Another Receiver.
HOUSTON, Tex., March 10. An ancil
lary bill was filed here today in the Fed
eral court, asking a receivership on be
half of the Mercantile Trust Company, of
Boston, against the International & Great
Northern Railroad.
NEW YORK. March 10. Mrs. Rheus
Miller, said to be the only actual daugh
ter of the Revolution .In this state, died
yesterday at the home of her daughter,
in Mount Vernon. She was bom at Stam
ford. Conn., on April 15. 1807, and her
father was Colonel Seth Webb. who
served as Lieutenant of Coast Guards.
The children, grandchildren great
grandchildren and great-great-grandchildren
of Mrs. Miller number 75.
collar bags, whiskbroom holders, work bags, necktie
tops, scarfs, center pieces, doilies, pin cushions, etc.
Umbrellas $1,97
These have good fast color
- taffeta covers and ' novelty
handles. Men's or Avomen's
sizes. Mounted on strong
frames. Regularly worth
$2.50 and $3.50 each; your
choice of the 'lot of six
dozen, each . .". $1.97
Men's Underwear in natural
wool, Spring weight. Shirts
and drawers in all sizes.
Worth $1.25 the garment;
this week 98
Men's Wool Hose, medium
weight. Natural gray or
oxford color. An exception
ally good value. Worth 20c
pair; price today, two
for 25c1
Coat Sweaters for men, in plain col
ors or with fancy colored borders;
cardinal, navy, gray or white. Three
qualities, priced at $3.50, $4.50
and . .$5.00
KING'S ARRIVAL WAS QUIT
WARMLY GREETED BY PEOPLE
OF BARCELONA.
City Decorated With Flags and Bunt
ing and Flowers Staying at
Home of Captain-General.
BARCELONA. Spain. March 10. King
Alphonso, who left Madrid last night, ar
rived in this city this morning. He has
taken up his residence at the home of
General Linares, Captain-General of Ca
talonia, wlfere he will stay during his
visit here. He was given a warm
welcome by the people of the city. No
disturbance of any kind marked the ar
rival of His Majesty.
The royal train drew into the station
at ft o'clock and Its arrival was an
nounced by the firing of salutes from the
Austrian and Spanish warships in the
harbor. The big square outside the rail
road station was lined with troops and
the civil guard had. difficulty in keeping
back the surging crowds.
As the King emerged from the station,
accompanied by General Linares and the
members of his personal suite in bril
liant uniforms, he was warmly greeted.
Smiling his acknowledgments to the
plaudits of the people, the King entered
the royal carriage In waiting and. ascorted
by a squadron of cavalry, was driven
rapidly to the Church of La Merced,
where a Te Deum was celebrated.
After the services the King repaired
to the residence of the Captain-General,
which adjoins the church. This after
noon at 4 o'clock he held a reception at
the home of General Linares, at which
the officers of the Austrian squadron,
now in the harbor, were present.
Barcelona was gaily decorated In honor
of the royal visitors. The tiers of
balconies along the route traversed by His
Majesty were hung with bunting and
flags and thronged with women wearing
the black mantillas for which- the beau
Libbey Cut Glass Sp' I Sale
The finest Cut Glass in the world, in our Third-Floor
China and Glassware Shops.
Heart pattern Olive Dishes,
worth $3.50 each, for, spe
cial '.$2.75
Star pattern Olive Dishes,
worth $3 each, for.$2.2o
6- inch Vases, worth $5.50
each $4.2o
7- inch Vases, worth $3.60
each $2.85
Suits $17.50 and $18.50
Decidedly stunning costumes for sur
prisingly small sums. Women's and
misses' sizes in the jauntiest and nat
tiest models possible to design or
produce, just received by
express and ready for dis-
play and sale the first time
today. The greater part
of . these are in a man
nish jacket style with collar
and braid in lapel forming a
vest effect. 'Others are made
without collar and trimmed
with buttons and braids.
These are constructed of
first-class materials in the
best shades of gray, brown
and navy blue. There are
plain colors, herringbones,
stripes, checks and plaids.
Not to see these is to miss
one of the best displays of
popular priced Suits ever
made in Portland. Not to
buy is little short of extrav
agance. They're the best
values we've ever been in 'a
position to offer at
$17.50 and $18.50
ties of Spain are famous. There were
flowers in profusion and the scene was
festive and beautiful. The IKng bowed
to the right and to the left In response to
the greetings of his people and some of
the black-eyed Spanish women were with
difficulty restrained from disobeying the
strict injunctions of the police against
showering the- young Monarch with
flowers. An imposing array of Civil
Guards and police lined the streets
through which His Majesty was con
ducted. The young King had a glorious day of
brilliant sunshine for his visit. The dec
orations were more profuse than at any
STUCK IN BNWWnRIFT.
CHEYENNE, Wyo.. March 10.
Information received here tonight
was to the effect that the American
car In the New Tork-to-Paris race,
was stuck in a snowdrift near
Hanna, Wyo., 100 miles west of here.
time since the international exposition.
The only discordant note in the general
brilliancy of the decorations were the
flags of mourning flying from the Carlust
clubs in memorlam'of the men who lost
their lives in the Carlist wars.
The carriage in which Premier Maura
and the iKng rode was drown by four
horses and followed by a number of army
and navy officers in handsome uniforms.
At noon, accompanied by Premier Maura
and iMntster of Marine Fernandez, the
King was present at the inauguration of
the enterprise for the improvement of the
streets of Barcelona. The King in per
son handled a trowel at the laying of the
cornerstone. '
WANT PREMIER, NOT THE KING
Anarchists Said to Be After Maura
and Not Alfonso.
ORLEANS, France. March 10. M. Le
roux, chief of the Barcelona Republicans,
declared today that King Alphonso did
not run the slightest risk in visiting Bar
celona. M. Leroux is the Spaniard who
was condemned to two years' Imprison
4Vai"t"h Comports, resular
$3.60 values, for.. 2. 73
7-inch Plates, regular $ti.00
values $4.75
6-int'h Vases, worth $4.75
each, special ..i..$3.75
5-inch Candlesticks, reirular
$3.00 values ..t...$2.25
art
ment for publishing articles in favor of
Jose Nakens, the editor of El Motin, who
hid Morales, the anarchist who threw a
bomb at King Alphonso In Madrid on his
wedding day In 1906. Leroux Is now a ref
ugee here. He said:
"The King is as safe in Barcelona as
behind the walls of the Alcazar at Madrid.
The popular hatred Is against Premier
Maura, who is trying to 6tmp out the
democratic movement by pitting the Re
publicans against the Carllsts and the
Separatists. Maura is the man really re
sponsible for the terrorism at Barcelona.
He desires by the visit of the King to se
cure the tacit adhesion of the throne to
his policy in order to strengthen himself
in Madrid. The King is brave;t even his
political adversarifs admire his coures?e."
FEARLESS CAPABLE
HONEST IMPARTIAL
GEORGE J.
CAMERON
R e publican
Candidate for
District Attorney-
primary Election, April 17, 1908
Invaluable to speakers and
singers for clearing the
voice. Absolutely harmless.