TOL,. XLVIII. NO. 14,787. PORTLAND, OREGON, TUESDAY, APRILi 21, 1908. PRICE VtVK CENTS. JURY SECURED TO TRY BANKER ROSS Lawyers Make Open ing Statements. LEGAL BATTLE BEGINS TODAY First Move of Defense Will Be to Exclude Testimony. BASED ON A TECHNICALITY Attorney Will Object to Any Kvl rlnr Offered on (.round ThHt It Ooe Not Support 1 nrllctmprtt of Diverting School Funds. PAI.RM. Or.. April 30. Special.) A bin It-a-al battl in the J. Thorhurn Rosa case will hejrln at o'clock tomorrow morning, when PUtrlet Attorney Manning; will of fer the rlrat of hla testimony In support of the charge that Ross and hla asso ciates In the Title Guarantee & Trust Company converted to their own use over -"s.000 of state achool funds. This after noon a. Jury was secured and the opening statement made, by the lawyers. Then court adjourned until tomorrow morning. when the Introduction of evidence will begin. At the very outset the defense will ob ject to the evidence aa not supporting the allegations of the indictment, and then will be heard arguments on the tech nil antics by which Ross hopes to escape responsibility for his part In the plllag Ing of, the state school fund. Tim argu menra upon the questions of law will firohably take nearly all day tomorrow, for District Attornev Manning. M. T. ripei and B. K. Haney, for the state, and - "Wallace. MeOamant, for the defense, are alrrroat hidden from sight among piles of law books at the stale library tonight. Jury Easily Obtained. The Jury wa secured today with sur trialng ease. The case was called short ly after 1 o'clock and before J 12 jurors had been sworn to try the case. That the defense is satisfied with the J;r- is evident from the fact that it used only four of the six peremptory challenges to which It is ent'tled. Before questioning the first Juror. Mr. Mcfamant indi cated the belief that he would need 12 peremptory challenges, for he asked the court for a ruling upon the question whether he was entitled to six or 1?. The statute provides that In cases In volving crimes punishable by life Im prisonment the defense shall be entitled .to 12 peremptory challenges. MeOamant railed attention to the fact that under the statute defining conversion of state funds a fine may be Imposed for double th amount converted. His client, if guilty, could be fined nearly SWO.OllO. and If he worked out the fine at the rate of :! a day he would have to serve Sm years. He thought that equal to life Imprisonment. Court' Killing Adverse. Judge Burnett held that the statute mentioning life imprisonment did not Apply to Judgments of this kind and that only six peremptory challenges would be allowed. The defense excused M. B. Kester. 8. N. Crows. J. R. Broyles and tieorge O. Sims. The prosecution used Its peremptory challenges on J. W. Gam ble. C. H. Cannon and A. G. AVolfard. J. N. McKay was excused by consent of both aides, he having formed on opinion. The jury aa accepted la composed of Jacob Stalger, F. D. Knight. Charles R. Riches. H. A. Slegmund. George Brown. Joseph Kirsch. C. F. Heln. J. F. Short, P. Ij. Kennady. James Forbes, Otto Myers and W. J. Hahberly. These men are all from the country precincts, none from Salem. Goe Buck .Many Years. The examination of Jurors was with out particular Incident, except that the defense, sought to gain an advantage by leading the- Jury to believe that this casa was In soma way connected with an alleged controversy between, H. YV. Scott and Roes nine years ago over matters cf legislation. The defense Injected this into tha case by asking a talesman n-hether he would be prejudiced against the defendant it the testimony should de velop tha fact that the controversy re ferred to existed. The question was ob jected to by Pistrict Attorney Manning as In no way connected with the case. Aftr a short argument Judge Burnett ruled the question improper. Neverthe less, th idea had been presented before the Jury that this case was in some way related to the controversy which the de fense Intimated might have existed. The defense may gain some advantage from this If the cae should' be presented to tha jury upon the question whether Ross did or did it 0 convert to his own .use the school funds of the state. Pipes Review Legislation. In the opening statement to the Jury M. I Pipe nave a. careful and concise review of the biatory of school fund leg islation from the time when the framers of the constitution expreasly vested In the State Iand Board th exclusive power to control and tnveet the school funds, down to the session of the last legisla ture, when the achool funds were express ly exempted from tha provisions of the law governing deposit of state funds In banks. He tnen told. In detail how State Treai- nrr RW1 hd rt-p0fitJ th Hiool funda In th TIfl Guarantee A Tnut ( 'nm pr.y Rank, anil how th om.rs of th bnk. Iiavlng thim Rained ponmnlni of the futitlK. hi converted them to their own to the ext. nt of over r."0. m-polt .Vol I'orbldilrn. In "behalf of the defence Mr'. Mr. f'nmant told the Jury thm the con stitution was not int. n1'd to prohibit the Treasurer from depoaltlnp; arhool funds in R hank for safe keeping, and that stith a practice had existed from the hefrfnntna: i-fr the state jrovernmnt. He asserted that the deposit was not a loan to the bank, for a loan la pay able on oral demand, while a deposit Is payable only on clie-k. He anld It was not Intended that the money de posited In the hank should he kept Intact and the Identical coin returned by the state, hut that the bank had a rfht to handle the school funds the same as other deposits. He denied that his client. J. Thor burn Ross, had ever converted a dol lar of the school funds to his own lit ; M t r - ' n. f"? Senator W. K. Horah of Idaho. Whme Maiden Npeeoh on Brownsville Riot Won Applause of Senate. use and. in closing:, appealed to the Jury to draw a distinction between misfortune and crime. Big Argument Today. Tomorrow morning- the attorneys will thresh out the question whether ftchool funds can be lepra tly deposited in a bank with authority to the bank to loan them. If that question be de cided, adversely, the question will then be presented whether an officer of th bank is rtable for the wrong doing: of the bank over which he exer cises control. The attendance at the session- of the court today wis very small. SULTAN EATS HUMBLE PIE GIVKS IX TO ITALY WHBX FOISCK IS TII HEATEXEI). Allows KMnbli.hmcnt of Pnstoffices and Italian Settlement in Trip oli Fleet la Recalled. ROME. April :0. The threatened trou ble between Italy and Turkey apparently has ended as a tempest In a teacup and. for the present at least, there will be no demonstration by Italian warshlpR In Turkish waters. Indeed. It now seems likely that the incident will produce a better feeltng between Constantinople and Rome, leading to an agreement by .(Concluded on rage 3.) CONTENTS TODAY'S PAPER The Weather. T EST K FID AY'S Maximum temperature, 59 decrees: minimum. 4 it degrees. TODAY'S Fair: westerly wind. Foreign. Russian army hemmed" In by Kurds; floods Laan nut 'r 1 1 A-i ti o- furt'A PACTA 1 Trstn wrerk in Australia kills and. burns 41 paniMnptr. Pa sr 1 . Turkes' concerts all Italian demand. Plt i. Anns fwould and Helie de a?an to meet in 'Atltmal. Borah makes jipe-h on "Brownsville riot which winn applsu; or Senate. Paxe 4. HoiMe commlTte tables Vreeland curren'-y hill and will recommend monetary com- miselon. lKie 2. land ptrant resmlutlon may com up today. Pag a Williams arcufwe Cannon of dewpotlm, - but Hmm auotatna speaker. Page 1. Senate committee provides for only two new battleship. Paa-e 3. ; rtitioa. Bryan xlenlea richea have made him a pluto crat. Pare 1. Nevada Republican . elect uninstructed delefrates. Pape 1. Itomeatlr. rro-f edins hepin to release Thaw from asylum. Iafte 4. Ioifir Coaat. Fleet ends flrat day's feUvUle at Ioa Ancrelee with two bia: banquets. Pair 4. Jury for Tlrey U. Ford completed and evi dence berun. 1'aite 2. Pallor at Pan Francisco cannot be arrested by Vnlted states. iamornia or ureat Britain. Pave ft. Jury secured in trial of J. Thorhurn Ross at Salem. Pape 1. Motorman kills himself before his wife at Milwaukle. Fare . Cake has "majority over Fulton. Pa 6. White rirle sold as slaves In AlaakK. Pare 3. x Sports. Abe Attell defend title by knock In out Kddie Kelly. Par .V Morrtseev wins Marathon race at Boston. Pace's. Com mere lml and M tine. Grain men keep up Interest In Board of Tradw. Pag 15. Wheat advances 1 cent at Chicago. Paff 15. Ptock market alutrs'lsh. Page 15. Portland and Vicinity. Bailey's friends urr him to run for Gov ernor. Pare - Council to probe expenditure of $'20.AO by Kxecutive Board for Are department conductors. Pare 1- Vote on Republican and Democratic Cen tral Committeemen at primary election, fare 7. Fine point raised In Federal Court caaa that delays trial. Page 14. Masons of state welcome traveling silver trowel. Page 10. Exprrts crark safe m East Side and make rirh haul. Page 10. Grainhandlers and exporters come to an agreement on wage achedultv Pa 1-L WILLIAMS GALLS GANNON A DESPOT Speaker Called to Ac count in House. MAJORITY SUSTAINS ACTION Minority Leader Declares His , Rights Invaded. SAYS CANNON INTOLERANT Speaker Defend Ruling Because Williams" Motion Was IMIatorfr. w Rnle I Ped After Talxell Defies Opposition. WASHINGTON. April 20. With the exception of Cooper and Nelson, of WlsconRln. Republicans, the House to day, by a strict party vote, declared that the action of SpeaKer Cannon nat Saturday In summarily adjourning the House was not "a breach of the privilege of the House affecting- Its safety, dignity and the Integrity of Its proceedings." The dictum was made when a resolution by Williams, holding such a breach to have been committed, was tnb!ed. U6 to 118. The vote was preceded by statements by Williams and the Speaker. After disclaiming that as a result of the In cident theie would be a personal breach between him and the Speaker, Williams maintained that the action was an unprecedented parliamentary act. On the other hand, the Speaker called attention -to the dilatory tactics of the minority leader for the past two weeks, and said It wae the Speaker's privilege and his duty to sweep aside a dilatory demand and declare the House adjourned. Bitter Fight on New Rule. The Republicans put through an amendment to the rules; making any day "suspension day," and substituting a majority for a two-thirds vote to pass any measure. Williams and De Armond opposed the rule. Datzell, Its author, notified the Democrats that they could trust to their Imagina tions for any legislation they would get this session. After the adoption of the rule, sev eral conference reports were agreed to and one or .two bills passed. The Dem ocrats tried repeated roll calls during the day. At 6:13 P. M., the House took a recess until 11:30 A. M. tomorrow. In making his motion condemning the Speaker's action of last Saturday, Will lams spoke of his personal friendship for the Speaker and then, referring to the constitutional right of members to vote by yeas snd nays, added: The Speaker's action is undeniable and THE DEMOCRACY: "THERE AIN'T NO DIFFERENCE BETWEEN 'EM, SO VOTE FOR CHAMBERLAIN" I undented br Mm. Hf -cannot dny that It wait h1 Intention and purpose to cut off the ris-ht to demand the yeas and nays and that was" the reason why he did not make the onn rutin, but Instead resorted to this unprecedented parliamentary act hy Ifcoor tnc a demand and explaining subsenuently through - the prea. when there was no Hnuae to appeal to nor M explain hla pur pose -to. . - Speakirig in the most impassioned manner and carefully weighing his ord,. Williams, continuing, said: Says Speaker Is Despotic. "Ths truth is. Mr. Speaker, that you're one of the best men Jn the world, but a long and undisturbed power, whose lesser abuses have been good-naturedly passed over, has made you somewhat despotic and Intolerant of opposition." Williams then offered the. . following resolution, which, despite the protests of Payne, the Speaker held to be privileged: Resolved. That the act of the Speaker of the House of Rcpresentatlvee In adjourning the House on Saturday. April IS. 10OS, wa a breach of. the privilege of the' House affecting Its safety, dimity and the integ rity of its proceeding. Cannon Defends Action. . Craving the indulgence of the House, Cannon declared in reply that under nor mal conditions th rules of the House were observed. "In the recollection of the chair." said the Speaker, "since the present occupant lias occupied the chair, respect has been paid to the Constitution and to the rules framed under It." He then quoted the rule regarding dilatory tactics and said: . . . . For two weeks past It is an nt.e.n secret, time and again avowed by the gentleman who leads the minority, that he was re sorting to . dilatory tactics' for purposes which seemed to him Justifiable to empha sise, as be claimed, matters that were pending at the time touching the Joint legislation. The gentleman but shortly be fore the motion to adjourn was made again avowed and sought to Justify his action. Says Motion Was Dilatory. It was not for the chair, he aald, to condemn the action of any member, all members being equal In their constitu tional rights and In their rights under the rules. After quoting the Constitu tion bearing on the duties of each House of Congress, the Speaker declared that Williams was proceeding in a dilatory manner when the chair announced that the motion to adjourn had prevailed. The Republicans broke out into loud applause. In the midst of which Will lams was clamoring for recognition and the Speaker was calling to Dalzell to take the chair. Dalzell mounted the ros trum and the Speaker stepped down on the floor. A motion by Payne to table the resolu tion was carried. 1H to 119, Cooper and Nelson (Republicans, Wisconsin) voting with the Democrats. ATTEMPT TO KILL CABRERA Many Shot Fired at Guatemalan President, but Xiiii Is Bad. SAN FRANCISCO. April 30. A mercage from Guatemala City was received tonig-ht by the Guatemalan Consul here stating that an attempt wan made last night to assassinate Manual Estrada Cabrera, President "of Guatemala. ' Many shots were fired at htm, but only one struck him on the hand. Other par ticulars were not contained In the mes sage. Strang?) Accident to Conductor. LAS VEGAS, Nev., April 20. Condurtor W. H. Cahtlt, of the 'l,as Vegas A Tono pah Railroad, was accidentally killed here tonight while transferring- a rifle from a car to a baggage truck. The gun was loaded and sheathed. It went oft when Oahilt threw it on the truck and the shot struck him in the breast cutting a blood vessel. He died in 15 minutes. RUSSIAN TROOPS TINT Surrounded by Hordes of Angry Kurds. FLOODS CUT OFF ASSISTANCE Entire Population of Frontier . Rushes to Arms. GRAND DUKE GOING SOUTH Nicholas will Examine Situation Personally Troops and Supplies Pouring; Into Trnns-Cancasia to Crush Bripand Tribes. ST. PBTgRSBUHO, April 20,-The lateat newa received hers of the boundary war that a Russian detachment had been penned In and wan calling for relnforce menta lias aroueed the anxiety of the foreign office. It ahows that the entire population of thla distrlet. composed of well armed and warlike trlbea, is rushing to the support of the brigands who have been attacked. The situation may be come atlll more serloiw If the Kurdlah ban ill Lb who inhabit Russian territory, encouraged by the retirement of the Russian troops,' join their Persian kindred and threaten the Russian communica tions. Associated Press dispatches setting forth the grave situation of the Russian detachment in Persia are ifully con firmed tonight by official reports re ceived 'at the Foreign Ortlco from the Russian commander at Tellsavetpol, in Trans-Caucasia, 90 miles from Tlflis. Grand Duke Off to Frontier. Grand Duke Nicholas Nicholaievitch departed quietly from here today for the Crimea, traveling incognito in a reserved compartment of an ordinary roach. In stead of by private car. The trip osten sibly Is fat jtcrsonal reasons and, It Is said, will be of short duration, but the Grand Duke s departure just previous to the Imperial family reunion for the Kaster festivities and to the marriage of Grand Duchess Marie Pavlano to Prince Wilhelm. of Sweden, Is consid ered an Indication of a more Important object. It is reported that the Grand Duke is really on his way to the Cau casus to make a personal inspection both of the Persian and the Turkish fron tiers, where the situation Is arousing considerable apprehension. Pouring Troops Into Persia. Despite diplomatic denials. Russia con tinues to forward reinforcements and munitions of war to the Caucasus. An American traveler returning from that territory recent- says that he saw train after train loaded with soldiers, proceed ing in a southerly direction, and the rail- HAP road to Kara Is so swamped with mili tary stores that it Is unable to accept private freight. The European military attaches, es pecially the German, are evincing keen Interest In the general situation and have made, a number of official Inquiries, but the general staff reiterates that the measure are purely precautionary on the part of Russia and are designerl to repair the negligence of past years to put the Turko-Persian frontier In a nor mal condition for defense. Rl itns HEM 1 Hl'SSIAXS Swarms of Horsemen Surround Force on Persian Soil. nfl.IS. April ;o. An alarming re port lias just been received here setting forth the critical situation of a small Russian expeditionary force In Persia, which is menaced by a vaetly superior body of Persian brigands. The Russian troops penetrated the frontier In the neighborhood of Relesuvar In pursuit of IHMTRIOT ATTORNEf 1.ANCDOM WEDS. t MODESTO. Col.. April 2o. Iltrict Attorney I.anKon, of San Fran cisco, and Mrs. Myrtle MrHenry. ' wealthy widow of the late Oram 1 1 Mr Henry, were quietly married hpre today. The ceremony wax performed by Rev. Father Ott, of San Fran cisco. The bridal party left for the South. Kurdish brigand who had committed depredations In Russian territory. The - RuHflfan commander of th force has nent out a messenffpr demanding; re inforcement of infantry, artillery and cavalry- The Persians who have ben joined by a warlike tribe of nomads, sur round tn Russian a with a numerous force, and their horsemen hav assumed the offensive. The wend in of Russian reinforcements la made particularly dif ficult by the flooded condition of the country. Yesterday the Russians had three men killed and ten wounded In various minor engagements with the PerHlana. . TRAIN-WRECK KILLS 41 COIXiftlOX IX AUSTRALIA HAS HORR1BLK RKSVLTS. Wreckage Burns and Destroys Many "Bodies Injured WaJt Hours for Rescue. MELBOURNE, Australia. April 20. Two trains from Ballarat and Bendlgo, respec tively, collided late last night at Bray book Junction, about eight miles from Melbourne, 41 persons being killed and 60 injured. The Bendigo train, with' two heavy en gines, crashed into the rear of the Bal larat train. Five cars of the latter train were wrecked. The wreckage took fire and was almost completely consumed. Many of the bodies were unrecognizable when recovered. The Bendigo train suffered but little damage, but the two engines were piled on top of- the rear coaches of the' other train. Terrible scenes followed, many of the injured being: caught 'In the wreck age, and were with difficulty, rescued. It was a long lime before doctors and nurses arrived on the scene and In consequence Intense suffering prevailed among the in jured. : " FORCED TO DESERT BRIDE Husband Frightened by Threat of Prosecution for Marrying C'ou.sin. SEATTLE. April 20. (Special.) Perry McGee and Miss Nettie Moak were mar ried last week In Tacoma, says a spe cial to the Times from Montesano. Wash. The family of the bride took exception to the union, on the ground that the con tracting parties are first cousins. Ac cordingly, on their return to Montesano. the father of the bride went to the of fice of the Justice of the Peace and ob tained a warrant for the arrest of the bridegroom. McGee was- then informed that if he would absent himself from Montesano for an indefinite period, the prosecution would not be urged. Th benedict of few days left on the next train for Puget Sound. Japanese Honor Murray. TOKIO. April 21. A most interest ing: banquet was held Monday In com memoration of the meritorious service rendered Japan by the late David Mur ray, the American who, from 1JI73 to 1877, served the government as adviser in educational matters and practically laid the foundation of the modern sys tem now used in Japan's education. The banquet was attended by 100 scholar, professors and pioneer educators. Continues to Improve. PASO ROBI..ES, Cal., April 30. "Rear admiral Bvana spent a very good night, said Surgeon McDonald this morning. "He slept well, ate well thie morning, and his digestion is improving. I am cer tain that th course of treatment whlrh Is being followed' out here at the hot springs is doing him a world of good." DENES CHARGE HE IS PLUTOCRAT Bryan Says Views Un-, changed by Wealth. GETS INCOME FROM PEOPLE Nebraskan Discusses Promi nence as an Asset. SNUBS "f RESH" REPORTER Intlniatsfw Ho Hns Monopoly of all. Confer IVith Political Lradcr. but Maintain Silence on Politic! Outlook. fiTATCS OF RFI'l BIJCAV VOS FIJCT. Sni of State. Alabama . .. . tlawar Florida, Illinois Indiana Iowa Kana Kentucky Lou I man a Maryland . . M ansae h u aet ta Mlrhlican . . . . M lnniot a . . Mississippi Missouri Nebraska New Mexico . Ntw York . . . North Carolina Ohio Oklahoma . Philippine . . Porto Kleo . . . Rhode Inland. South Dakota Tennessee. . -. Virginia Went Virginia Wisconsin . . . in S: f) M It'll 2 :n ;m j .'! io- 20) 20 2fl 2! 2 IS- 4 10 4 82 14 30 3II 41 4j 10( 19. Id! 7k 4N' 14 14 41 IS IS 24. V!4 14 10 Ul 4 A! 2 Total , H?.4 444 -JM ! W;127j 4 The abcrva is the table Issued by toe Taft managers, brought uii to date. Of the delegates instructed for other candidates, those from Illinois are for Cannon, Indiana for Fair banks. New York for Hushes and Wisconsin for 1- Follette. NEW YORK. April W. J. Bryan arrived here this morning and spent a busy day In conference with Democratic leaders of. this and other states. His most Interesting utterance was a reply to the charges that his acquisition 6f a large income by his newspaper and lec tures has made him as much a plutocrat as those whom he attacks. He avoUkd discussion of the political situation In this state( but on the one subject of his Income be made a formal statement. An interviewer had suggested that the Ne braskan, having been credited with an earning capacity of from $50,000 to 173,000 a year, might be exposed to the charge by opponents that he was no longer rep resentative of the laboring class but a full-fledged plutocrat. To this the candi date for the Democratic Presidential nomination replied; Derives Income From People. My Income j derived mninly from my lM-turiii .with some addition from article wrltrn or other publications and something from m v own papr. but the amount ha ben very much exaggerated. 1 make mot speeches for nothing; than for pay and de vote more time to public- work rhan to pri vate gain. the income that I have re ceived has come from the people who at tend my letiirs and who mad what I write, and therefore my obligation Is to the whole people rather than to any iperlal rlass. The best test of the effect of my income Is to he seen in the thlnn I advo cate. My views have not changed upon public questions. I am contending for the same t hings now that I did then, and I think no one will deny that I could make more by siding with the corporate interests thai I have opposed than 1 have made out of lecturing. Profit In Prominence. Mv political prominence has been an ad vantage, in that it has given me a larger reading circle and ft larper audience, but 1 could have used the prominence in. other wave to gather pecuniary advantage. For Instance, I was offered $2."..oOo a year an counsel for a corporation, but it. would have taken me out of the political field. By lecturing and writing t can make what I need In half the time and have the rest for public work. president Cleveland found his law Income larger after he was In the White House than, before, tfo did Pregldert Harrison. This was the experience of Speaker Reed after his service in. Congress. fceTetarv .-'haw found his services more valuable" after he had been in the cabinet. Income Quite legitimate. Political prominence Is an asset In any kind of business. The question Is not whether I have made more than I did be fore I was nominated, but whether I have made It In a legitimate way. and I think no one will deny that my income has been derived from a legitimate source. The next question Is whether the IncreaMe In my earn ings power has changed my views on public questions. No one. I think, will contend that it has. Among the questions which Mr. Bryan did not answer was this one, put by a reporter: ' Gall All In One Part. "Do you expect to be. nominated for the Presidency?' "Well, this is refreshing," said Mr. Biwan, with a ' smile. I presume you have read Caesar, young man. and will remejnber the book says: 'Gaul Is divided into, three parts. If Julius Caesar had known you before he wrote that book h probably would have struck out two of the parts." Mr. Bryan said he had not discussed the question of abrogating the two thirds rule at the convention. When iConcluded ob Page 2.J