Morning Oregonian., March 19, 1908, Page 6, Image 6

THE M0E.X1XG OREGONIAN. THURSDAY, MARCH 19, 1908.
DRGHARD GETS
DEATH PENALTY
Sentenced to Execution, but
Judge Wood Recommends
a Stay.
PRISONER IS IN TEARS
Breaks Down He Attempts to
Thank Court tor Kecommenda
' tion to Board of Pardons.
Judge's Bevlew ol Case.
. BOISE, Idaho. March lS.-Stattns that
he believe Harry Orchard, in his testi
mony in the trials of William D. Hay
wood and George A. PeUibone for the
murder of ex-Governor Frank Steunenbers,
old the exact truth, attempting to conceal
liothinc. Judge Vremottt Wood, in the Dis
trict Court, today recommended that the
State Board of Pardons commute Orch
ards sentence of death to imprisonment
in the state penitentiary. The sentence of
death -was pronounced in accordance with
the plea of guilty entered by Orchard .
Tuesday of last week when arraigned.
Judge Wood presided at both the Hay
wood and PeUibone trials.
In sentencing Orchard and recommend
ing the commutation of his sentence.
Judge Wood reviewed the case from the
time of the killing' of Frank Steunenberg
to the present, including the arrest of
Orchard, his confession, the arrest of
Charles B. Moyer. president of the West
ern Federation of Miners; William D.
Haywood, secretary-treasurer of the Fed
tration, and George A. Fettibone; the
trials of Haywood and PeUibone, and the
plea of guilty entered by Orchard to the
charge of murder in ftie first degree, the
punishment for which, under the Idaho
statutes, is death.
In regard to the part of Orchard in the
trials. Judge Wood said:
"I am more than satisfied that the de
fendant now at the bar of this court
awaiting flnarl sentence has not only acted
in good faith in making the disclosures
that he did, but that he also testified fully
and fairly to the whole truth, withhold
ing nothing that was material and de
claring nothing which had not actually
taken place.
Facts Only Conld Have Stood Test.
"It was the particular province of the
court to observe and follow this witness
upon the former trials, and I am of the
opinion that no man living could con
ceive the stories of crime told by the wit
ness and maintain himself under the mer
ciless fire of the leading cross-examination
attorneys of the country unless upon
the theory that he was testifying to facts
and circumstances which had an actual
existence within hts own experience. A
child can testify truly and maintain Itself
on cross-examination. A man may be
ahlc to fiamo his story and testify to a
hricf statement of facts involving a short,
tingle transaction. But I cannot con
rt'ivr of a case where even the greatest
intellect can conceive a story of crime
covering years of duration, with con
stantly shifting scenes and changing
clisrai'tcrs, and maintain that story with
circumstantial detail as to the times,
places, persons and particular circum
Mnncfs. and under as merciless a cross
sxamiiiation as was ever given a witness
In an American court, unless the witness
thus testifying was speaking truthfully
and without any attempt either to mis
represent or conceal. Believing as I do
that this defendant acted in good faith
and that when called as a witness for
the state lie told all and withhold noth-
ing. I can the more readily fulfill the
duty that I consider the law Imposes
upon me.
Advises Stay of Execution,
"This defendant also testified to a
long series of most atrocious crimes
committed by himself and others in the
State of Colorado, and he was corrob
orated in such details in relation there
to that there can be no doubt about his
participation therein. While these of
fenses were committed In the State of
Colorado, this state, I think, under the
circumstances. Is under some obligation
to withhold execution of the only person
who has voluntarily and freely disclosed
these transactions.
"Again, under the circumstances involv
ing the defendant, no good purpose can
he advanced by his execution, and there
can be no demand therefor except from
those persons who stand charged by his
voluntary confession with grave crimes,
or by the defenders or apologists of
such persons. If there were no moral obli
gation on the part of the state to grant
the partial immunity recommended, I
would still say that there could be no
Kood reason in this case for inflicting
the extreme. ' penalty while so many
crimes have been disclosed that are yet
unpunished.
Orchard Thanks Conrt With Tears.
Judge Wood, after reading his ruling,
formally sentenced Orchard and fixed
May IS as the date for the execution.
Orchard asked permission to speak, and
it was granted. He thanked the court
for the review of the case given and for
the kindly remarks in regard to him. He
repeated that he. had told the whole
truth and that no promise of immunity or
of mercy had ever been made to him. Be
fore he had concluded tears were stream
ing from his eyes, and he all but broke'
down as he again, in a broken voice,
thanked Judge Wood for his recommen
dation to the Board of Pardons.
In Judge Wood's ruling he laid spe
cial stress upon the crimes In Idaho and
plainly intimated that the end of prose
cutions or mose relieved to Have perpe
trated them had not come. In this con
nection he said:
"Judges and executives may be put out
of the way by the hands of assassins,
but there will be others to take their
places, just as ready and just as deter
mined to perform their duties as their
predecessors were and backed by a
puhlic opinion that will ferret out and
discover the author of every such crime
and bring hiru to punishment."
PROPHESIES HIS FREEDOM
Federation Official Says Orchard
Will Be Let Go by Governor.
DENVER. March IS. "I know nothing
ahout what will be done with Orchard."
said James McParland, the- detective who
secured the confession of Orchard, today.
"He was never promised any immunity
and never asked any. I do not know
whether his sentence will be. commuted
or not. He is guilty and he has confessed
his guilt. He has told all he knew about
those who caused him to commit his
crimes. The fact that they were cleared
by juries makes no difference to him."
Ernest Mills, acting secretary of the
Western Federation of Miners, said to
dsy that the Federation would remain
rjive in roxxrd to the disposition to be
mud of Orchard's case.
"If Judge otVod made the staiement
credited to him,"" sid Mr. ilills, "there
is little doubt but that he is paving the
way for freedom for Orchard. It tas
been claimed all along that Orchard had
been promised freedom by Governor
Gooding, of Idaho, for making the con
fessions he had made at the trials. That
the political ring back of It has promised
to go down the line for Orchard is also
well known fact."
Secretary Mills announced his Intention
to place in the hands of the Postoffice
Inspector anonymous letters which he
said had been received by - George A.
Pettibone and bis wife since his acquit
tal of complicity in the Steunenberg
murder, threatening them with death.
Orchard Again In Jail.
-BOISE. Idaho, March 18. After the
court proceedings at Caldwell, Orchard
was brought back to Boise on an Inter
urban car and taken to the penitentiary.
The Board of Pardons meets April 1.
TAKE AWAY THE WHOLE SAFE
Seattle RObber9 Do Good ' Job in a
Japanese Restaurant.
SEATTLE, March 18. (Special.) Burg
lars broke into the restaurant of T. Ono,
a Japanese, at H24 Third avenue, between
39 o'clock Tuesday night and 4 o'clock
this morning and earned away the 300
pound safe. The police have no trace of
the thieves . or the safe. Not since the
safe of the old Washington Hotel wis
carried, out and blown in the street six
years ago has a similar piece of crimi
nal work been attempted here.
The safe waa under a counter near the
front of the restaurant. It is a small
affair and contained besides $150 in cash,
some papers valuable principally to their
owner. The. safe was taken out the back
way. At 4 o'clock this morning, when
the restaurant was opened, the robbery
was discovered.
FfiUi WITH UGLY GASHES
SILVER LAKE MCHDKR MYS
TERY NO NEARER SOLUTION.
Citizens Greatly Roused and County
Court Is Expected to Increase Re
ward Already Subscribed.
SILVER LAKE. Or., March 16. (Spe
cial mail correspondence.) After search
ing parties had been started out in all
directions, the body of Julius Wallende,
who mysteriously disappeared from his
home December 27, last, was found in
Silver Creek, about half a mile above
town, last Friday.
The body was found by Bert Gowdy.
who overheard some treys talking about
an old coat they had seen in the water
Of the creek and which they had been
unable to pull to land. He and the men
with him secured a long pole aNi man
aged to get the body up to the bank,
where it was tied with ropes, and Judge
J. 9. Martin, as Acting Coroner, waa
notified.
The body was in an excellent state of
preservation, but upon the head were
found ten gashes that looked as though
they might have been made by the butt
end of a revolver. One on top of the
head had fractured the skull. The right
arm was raised in the position a man
would have if he were trying to ward off
a blow. There was also a bruise on the
arm. The neck and face were swollen,
which might indicate that he had been
choked.
The murder was evidently committed
on the flat above the creek, and the body
then rolled down into the water. Immed
iately afterward the creek froze over
and 'had remained so until about 10 days
ago. The" spot was in plain sight of the
bridge, which has to be crossed by any
one going north from town.
It was brought out at the inquest that
Wallende had been paid 90 about 4
o clock of the day lie disappeared, and
this money, as well as a gold watch and
chain, were not on the body when found.
From Wallende's nature it Is concluded
that he was not a man who would leave
the hotel as he did. at 9:30. unless he had
an engagement with someone.
The Coroner's jury also recommended
that a reward be offered by the County
Court for the apprehension of the mur
derer. Wallende was a young man and un
married. His parents live In South Da
kota, and he had relatives in Portland.
who. together with the Chief of Police
of Portland, aave made inquiries from
time to time, and advised that a search
be made. The body was Interred in Silver
Lake Cemetery Saturday. His relatives
were informed by telegraph.
SILVER LAKE. Or., March 18. (Spe
cial.) There. Is no abatement of the ex
citement here over the murder of Julius
Wallende. It is confidently expected that
the County Court will increase the $250
reward subscribed by citizens to find the
muraerer.
Murderers of Julius Wallende, of Silver
Lake, Or., are in Portland, or were here
lately, according to information received
yesterday. It was learned by the local
police that the information which led to
discovery of the body last Friday was
sent out from Portland in the form of
an unsigned letter.
An effort will be made by local private
detectives to learn the identity of the
writer of the letter. With this as a clue
it is believed some chance is held of clear--ing
up the mystery. While Wallende
claimed to be known in Portland his
identity has not yet been fully established.
A letter has been received by William
Adams, secretary of Court Pacific, No.
1247. I. O. F.. inquiring whether or not
one Julius Walleade is a member of that
court and it is believed the two names
are identical although marked by a dif
ference In spelling.- The inquiry comes
from A. D. Prescott, of Cortlandt. S. D..
and says friends of the man liava heard
he was murdered. While no such name
appears on the roster of Court Pacific,
1247, Mr. Adams believes it possible that
another lodge may have bira enrolled as
a member.
HOGS STIR CP MICH TROUBLE
1 Because They Liked Garden Truck,
Costly Litigation Follows.
ALBANY. Or.. March IS. (Special.)
Four hogs are proving the basis of inter
esting litigation in this city. They have
involved a local meat market and an East
Albany residence in a controversy which
will probably cost more than the value
of the pigs.
Last August four hogs broke out of the
slaughter yard of the Albany Dressed
Beef Company, east of this city, and in
search of table delicacies, wandered into
the garden of A. Babb. Babb took pos
session of the hogs and demanded $25
damages before he would release them.
The meat company said the damage did
not amount to more than ! but tendered
17 as a settlement, which was refused.
Babb took up the hogs as estrays and
advertised them for sale but the com
pany filed a replevin suit and secured the
hogs. The case has not yet been set for
trial.
Nothing to Fight About.
WALLOWA. Or.. March 18. (Spe
cial.) Candidates for the city election
to be held April 7 were nominated Fri
day night. A double ticket was named,
witn J. P. Morelock. the present Mayor,
and Dr. G. W. Oregsr heading. A peace
able election is expected, as the city
water system is completed and as the
county is a prohibition county no fight
can be made on the saloon question.
15
First Spadeful Turned for Ore
gon Building.
CEREMONY IS INFORMAL
Governor Chamberlain Unable to Be
Present Golden Shovel Used.
Oregon Will Have First Struc
ture Erected for 1909 Fair.
SEATTLE. Wash., March IS. (Special.)
Oregon commissioners to the Alaska-Tukon-Paclflc
Exposition formally ac
cepted their building site this afternoon
and the first spadeful of dirt was turned
to inaugurate the beginning of the work
upon the handsome exhibit palace Oregon
will maintain during the 1909 fair. W. H.
Wehrung brokf the ground with the
golden shovel which will be used on other
similar occasions.
Director-General I. A. Nadeau formally
tendered the building site to the Oregon
commission and W. H. Wehrung, presi
dent of the commission, accepted it. To
gether with D. T. Lewis, of Portland,
architect for the Oregon commission, Mr.
Wehrung started the work on the struc
ture. The site had been chosen several
months ago by the entire commission.
Professor S. Meany, of the TJniYersitjE.
gave a talk of an historical nature.
Governor George E. Chamberlain was
unable to come to Seattle today, so
the ground-breaking was informal and
was completed within a few minutes
time.
Oregon plans a formal celebration
either at the time the corner-stone for
the exhibit building is laid or when
the building in- dedicated at the time
of its completion. The contract for
the structure has been awarded and
the contractors hope to be able to
be able to complete the building within
90 days. Comparatively little work will
be necessary to clear the site.
Oregon will be the first state to erect
an exhibit building on the fair grounds.
California commissioners are prepar
ing o draft plans for a state building,
and it Is declared by residents of the
fruit belt that they will be able to erect
a building of their own and make an
exhibit outstripping; the showing of any
other section. The plans have been
prepared for the Washington state
building.
HOLD FAIR WITHIN TENTS
Arrangements for All-Benton School
Fair in September.
CORVALLIS, Or.. March 18. (Spe
cial.) The All-Benton School Fair,
which is to occur in the first days of
September, Is to take place on Main
street. Two huge tents, 184 feet long
and 24 feet wide, will be stretched in
the center of the street on the two most
tmportant blocks, and in these the dis
plays will be placed, instead of in the
courthouse, as last year.
A third tent of almost equal size will
be placed on a side street entering
Main, and this will be used for ad
dresses by public speakers. There is
already much enthusiasm throughout
the county for the fair. The coming:
event will be much more tmportant in
products and attendance than was the
last, which, however, was very suc
cessful. STRIKE WONDROUS RICHES
XOLAX CREEK PANS $lOt0 TO
$1800 TO THE TO
Pan of Dirt Taken Haphazard Goes
$54 2 Statements Backed by
United States Commissioner.
SEATTLE, March 18. The Post-Intal-llgencer
will say tomorrow:
A copy of a letter received from Nolan
Creek, in the Koyukuk, by Joseph
Matthews, of Fairbanks, has reached
this city. It tells of the richness of the
Nolan Creek, strike, - the writer saying
that it is the equal of the far-famed El
dorado, In the Klondike.
Three pans produced $1000 and one pari
taken from bed-rock went $1800. The
United States Commissioner for the dis
trict, Frank Howard, vouches for the
authenticity of this statement. On a
claim owned by a 'man named Olsen a
pan of dirt taken at haphazard went
$642.
Better Oregonian Delivery.
SALEM, Or.. March IS. (Special.)
Beginning today the rural mail carriers
delivering: mail from tne Salem postof
fice will leave the office 45 minutes
later than heretofore, thereby receiv
ing The Morning Oregonian for dis
tribution the day of publication. Here
tofore The Oregonian has reached
Salem at 11 o'clock, three hours after
the rural carriers had left on their
routes. Now the Portland paper ar
rives here at 8:35 and the rural carriers
will leave tn minutes later. By noon
nearly all the farmers on the eight,
rural routes leading- out of Salem will
have their copies of The Morning Ore
gonian. Releases Laborers; Lack ol Time.
NEW WESTMINSTER. B. C, March
IS. Five Italian laborers were arrested
this morning under the rominlon order
in council. The Italians had purchased
tickets for Seattle but got off the train
at New Westminster, where, as they did
not come from the lan!f-of their birth or
citizenship, they were held. Dr. Monro.
Dominion immigration officer,- however,
ordered their release on the ground that
he had not enough men at his disposal
to attend to Europeans.
CHARGED WITH EXTORTION
Cltenalls Man Accused of Threaten
ing a Teacher
CHEHAL13. Wash.. March IS. (Spe
cial.) Joe Bernier, of Alpha, has been
lodged in the County Jail to answer a
charge of extortion, preferred by Miss
Clara Gehrke, a Tacoma young lady who
Is teaching school at Alpha. About the
middle of February Mies Gehrke re
ceived a threatening letter, which was
unsigned, stating that if she did not
place a sum of money in a certain
place where the writer could find it he
would kill ber snd himself. The County
Attorney, Is In possession of evidence to
show that Bernier wrote the letter. He is
from a pioneer fsmily and at one time
served a term in the penitentiary at
Walia Walla lor burglar)'.
GROUND
BROKEN
To the woman who bakes,
Royal is the greatest of
time and labor savers.
Makes home baking easy,'
a pleasure and ; a profit'
Mil
iafdng
The only Baking Powder made
from Royal Grape Cream of Tartar
With minimum trouble and cost bis
cuit, cake and pastry are made fresh,
clean and greatly superior to the ready
made, dry, found-in-the-shop variety.
ISSUE MANY FREE TICKETS
REPORT OF RAILROADS ON THE
PASSES GIVEX OCT.
Figures Show That $8250 Is Donat
ed Each Year in Transportation
by the Railroads in Oregon.
SALEM, Or., March IS. (Special.) The
annual reports of the railroads of Ore
gon, showing the free transportation
given, indicates that the railroads do
nate about $S250 worth of transportation
to charity each year. Under the Rail
road Commission law the railroads are
not permitted to give passes to any
persons except employes of their own
or other lines and persons engaged n
charitable, educational or religious work.
The law requires that the railroads
make annual reports showing the names
of persons to whom transportation has
been issued. All the roads have com
plied with the law and the reports make
up a very lengthy document, as practi
cally all employes who must travel have
passes of some sort. Many of- the rail
road officials have annual passes for
their families, as also do some of the
railroad physicians and attorneys. The
report of transportation issued to char
ity, 'educational and religious workers
shows that the O. R. & and Southern
Pacific issued S8 annual passes of this
kind this year and in seven months
granted trip passes to the amount of
J2189.90. The Corvallis & Eastern Issued
seven annuals -and .1332 in trip passes.
Computing the annuals at a valuation of
$100 a year, a low estimate, and figuring
the trip transportation for 12 months at
the sme rate as reported for seven
months, it is shown that the total for a
year will be not less than $8230, and this
does not include concessions granted to
clergymen and others holding transcon
tinental Clergy Bureau joint half-rate
permits.
CAKE'S SPEECH IX AL.BAXY
Large Crowd Greets Candidate and
Receives Him Warmly.
ALBANY, Or., March 18. (Special.)
At the Courthouse tonight a large crowd.
gathered to hear H. M. Cake, candidate
for the Republican nomination for United
State Senator. Mr. Cake's reception
was enthusiastic.
His address waa an hour or more in
duration and held the audience in close
attention. Mr. Cake urged party fealty
upon his audience, insisting that the
needs of this state can be remedied only
by the aid of the Republican party. He
is a firm' believer in the policies of Presi
dent Roosevelt and! urges that their
maintenance is In the best interest of
the people.
With reference to the election of
United States Senators, Mr. Cake de
clared that he proposed, if elected, to
insist upon an amendment to the Con;
stitution providing for a popular vote.
It will eventually be the custom through
out the entire country, he believes, and
Oregon should not retrograde a single
step in the advance she has taken.
The Republicans of Oregon, he said,
were either blindly prejudiced or recal
citrant in their allegiance, who feared
the election of a Democrat to the Sen
ate. Mr. Cake made a decided Impression
in this city and his address was received
in the warmest manner.
TWO SCHOLARSHIPS OFFERED
Association of Collegiate Alumnae
and Women's Club Federation.
UNIVERSITY OF OREGON. Eugene,
Or., March 18. (Special.) A scholarship
valued at $200 has been offered to the
young women of Oregon for the year
1908-09 by the Oregon branch of the
Association of Collegiate Alumnae.
Applications may be made to any mem
ber of the scholarship committee, consist
ing of Miss Ethel TVakeman, East Port
land High School: Mrs. Hugh H. Herd
man, the Guilliaume, Portland; Miss Mar
garet Nash. St. Helen's Hall; Miss Eliza
beth Norcross. Portland Academy, and
'Miss Helen Wilson, Yuen's Preparatory
School. - on ' or before May 1, 1908, in the
form of an informal letter, in - which -the
candidate shall state fully what work
she has covered in her preparatory scnool,
what course she Is desirous of pursuing
at the University and whatever further
information she may consider relevant.
The committee will base the, scholarship
on the evidence presented by the candi
date of her ability, and her prospect of
success in the course she chooses for her,
college career.
The Federation of "Women's Clubs of
Portland. Or., has awarded a scholarship
of $250 for the year of 1908-09. The con
ditions of this scholarship have not been
made public as yet. but it Is thought the
opportunity for securing a free educa
tion will be given to the most deserving
student that applies for it.
Development of the University.
UNIVERSITY OF -OREGON, Eugene.
Or.. March IS. (Special.) Professor F. G.
Youifft. head of the department of econo
mics, addressed the- students today on
"What Is a University ForT" The speaker
traced the -value of the university from.
A. A.
Powder
ancient to modern times and finished
with a special application to the Uni
versity of Oregon and the referendum
movement against its appropriation.
FROM OXE TO eJEVEX YEARS
Sentence of Youth Who Placed Tie
on Railroad Track.
HILLSBORO, Or., March 18. (Spe
cial.) Circuit Judge McBride today sen
tenced John Inglebretzen, of Cornelius,
to an indeterminate sentence of from
one to seven years for placing a tie on
the Southern Pacific track near Corne
lius, aarly in the morning of January 9.
Young Inglebretzen Is but 18 years of
age and seems hardly responsible for his
actions.
He placed the obstruction on the rail
road track before daylight in the morn
ing, and but for the watchfulness of the
engineer, the Forst Grove local passen
ger might have been wrecked. It is
thought he might have been connected
with a holdup in this city last Fall.
Prepares for Her Snicide.
CONDON, Or., March 18. (Special.)
The funeral of Mrs. R. Froman, of this
city, was held Monday afternoon. Mrs.
Froman had been mentally deranged
for over a year, and on Saturday even
ing while alone at the ranch, went-out
to the woodshed and shot herself
through the head. She dressed herself
In the clothes .in which she wished to
be burled, and tied a towel around her
neck to keep the blood from running
down and staining her garments.
Both Food
AND
edicine
'E like best tb call
Scott Emulsion
a food-medicine. It is
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reason that
has a distinct and
special value in all
wasting diseases.
There is nothing bet
ter to remedy the
troubles of imperfect
growth and delicate
health in children. The
action of Scott's
Emulsion is just as
effective in weakness
and wasting in adults.
Tins I th trad mark
which is oa erefr genu
ine bottle of SCOTT'S
EMULSION.
SCOTT 4 BOWNE
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All Dniixists :
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Scott's
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Broafjeawjwijjaia
A GOOD
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m
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M&? dav risrht
a Dreaitrast
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tKn
s?nu ine
. .JT. SW
fesi
F br.aJrfa.t heat the BUeuit in oren.
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and add a litt-1
mW ttle
t .1 r: .. r t i r .
r .. r i r .
' misj oiicuh ror oveaicraat you
iCMS TB1STI TIT .!. Ql I J-J
r-AA.A
v -
luncheon or any meal with
,um.w ..... waaa wucu
SvlgvV' or marmalade.
At your
P8AI&ED AT HOME,
Cataract, ma.
Tb B. E. But ber land
Medicine Co.
February I was taken
arrh Fever svud a severe
Cougn. I
eiaU oino-rcu bjuu"
fOOOa no ierifi-iu:u
relief until 1 tried
0
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1 one sue. wh ho
and itcureai
i Jas. B.
Dr. Belt's Pine 'Tar "Honey
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, BeH's Pine-Tar-Honey
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PREPARED
' i,JS'fWE E. E. SUTHERLAND MED.
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What glasses are to weak eyes.
Cascarets are to weak bowels.
Old people constantly need them,
and the need is a natural one.
You old people Cascarets are particularly for you.
You who don't exercise as much as you used to. You
who like the easy chair. .
You whose steps are slow, and whose muscles are
less elastic. You must realize that your bowels have
also become less active.
They need this gentle help every day.
Don't regard Cascarets as physic.
They stimulate the bowels just as some foods will do;
just as exercise would do, if you took enough of it. .
They are not harsh, like salts and cathartics.
The help which they give to weak bowels is just as
natural and gentle as the spur of youth.
When eyes grow dim, you help them.
Do the same with the bowels when age makes them less active.
There is nothing more important.
Costive bowels mean that decaying food is clogged there. And the
ducts of the bowels suck its poisons into the blood. .
You Can't feel well until this is corrected.
But do it gently not with a bowel irritant. And do it regularly-"
one Cascaret a day.
Coax the weak bowels don't drive them.
Cascarets are candy tablets. They are sold by al! druggists, .
but never in bulk. Be sure you get the genuine, with CCC
on every tablet. The price is 50c, 25c and
Ten
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Pacbtiea Hidalgo, I
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The E. E. SathrrlandK
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for you tlie wonderful
effect produced by
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