VOL. XLVIII NO. 14,790.
PORTLAND, OREGON, FRIDAY, APRIL 24, I90S.
PRICE FIVE CENTS.
JURY
PROMPTLY
CONVICTS ROSS
Guilty of Taking State
Money for Own Use.
PORTLAND BANKER DISGRACED
4 Penalty Means Heavy Fine
and Term in Prison.
VERDICT REACHED IN HOUR
Throe Voles for Acquittal McCa
mant Makes Freakish Appeal to
Jury Pipes Turns the Tide
Against the lcfendant-
i
BAMW OF THE CONVIOTIOJi.
Th. chant tht J. Thorourn Hon,
Geor. H- Hill. J. K AltcbJaon and
T. T. Burkhftrt. as officer and di
rectors of the TU1. Quarartte.
Trust Company, came Into possession
of $238,000 of state school funds and
that they converted the Sams to
their own use.
The verdict Ross was tried sop
rsxely and found guilty.
The penalty Imprisonment la the
penitentiary for one to 15 years and
fine in double the amount converted.
Sentence will be pronounced neat
Monday.
SALKM, Or., April 23. (Special.)
Quilty of converting to his own use
1288.000 of state school funds, was the
verdict rendered against J, Thorburn
Boss by a Marlon County Jury this
afternoon. The Jury was out an hour
and ten minutes.
Prom what can be learned k appears
that the Jury took four ballots, the
Tlrst showing nine for conviction and
three for acquittal.
Means Fine and Imprisonment.
Sentence will be Imposed by Judge
fturnett on Monday morning. Toe
penalty provided by law Is Imprison
ment In the penitentiary for from one
to fifteen years and by fine of double
the amount of the defalcation.
The case will, of course, be appealed
In the Supreme Court, when the case
will be tried practically anew, for the
Aefense objected to nearly all the evi
dence, saved exception, and ques
tioned the ruling of the trial court on
nil points of law that go to the foun
I nation of the case.
Attorney McCamant declined to dis-
i russ the verdict, but was very plainly
deeply disappointed.
Hurkhart Trial May 4.
llstrict Attorney Manning says:
"The questions of law involved were
plain, the facta were clear, and the
prosecution was careful not to offer
any evidence that could be held im
proper. Therefore I do not fear the re
sult of an appeal. The Jury did Its
fluty fearlessly and a just verdict has
teen rendered."
The case against T. T. Hurkhart.
treasurer of the Title Guarantee A
Trust Company, upon exactly the same
charge as that for which Ross has been
ronvlcted, has been set for trial on
May 4. Hurkhart will be defended
toy C. H. Carey, of Portland.
Remarkable Ixal Battle.
In many respects the case -wiilch ter
minated tod ivy waa the most remark
able legal battle ever witnessed in Ore
icon, lit was by far the most impor
tant case that has been tried In Marlon
ounty in a quarter of a century, yet
he trial proceeded to its close without
It single sensational incident. Not
withstanding the prominence of the de
fendant and the wide attention the
rase has attracted throughout the
state, the crowd In the court room has
lieen exceedingly small.
Though the attorneys- fought care
fully and persistently every step In
the proceedings, not a harsh word
passed between the attorneys to dis
turb the peace and dignity of the
court
IH-fendant Onol, Unemotional.
On trial for his liberty and with the
disgrace of conviction confronting him,
Mr. Ross sat motionless throughout the
trial, giving close attention to every
word of testimony, but never once
changing the cold, hard, unemotional
lines of his features. Not even when
the verdict was rendered did his face
show any expression of surprise, dis
appointment, resentment or other feel
ing which moat men experience. Only
when Judge M. L. Pipes was quietly
tiut rapidly destroying the plausible
and persuasive arguments of defend
ant's attorney, Wallace McCain ant,
did Mr. Koss manifest any evidence of
emotion. Then a restless moving of
Ms hands and turning of his head
showed that he felt the sands sinking
away from the foundation of his de
fense. Pipes Address a Feature.
Judge Pipes address to the Jury was
easily the chief feature of the pro
ceedings today. District Attorney
Manning opened the argument for the
prosecution this morning la a clear and
forceful presentation of the facts of
the esse In a general way. showing
the nature of the scJtool funds, the
law governing their Investment, the
manner In which State Treasurer Steel
had turned ths funds over to the Ross
bank and drawing the unavoidable
conclusion that this deposit must have
been tn pursuance of an agreement
between Robs and Steei. Manning
gave the Jury a clear understanding of
the case, and paved the way for a
more detailed discussion by Judge
Pines In the closing argument.
W. M. Kaiser, for the defense, fol
lowed Mr. Manning. lie argued that
there was no evidence that Ross got a
dollar of the school funds,- and that, on
the other hand, it had been shown that
the state will get every dollar of Its
money back. Me made) a pathetic pin
that the family of Roea be made happy
once more by the return of the husband
and father without the disgrace of a con
viction of crime.
McCamant'a Plea Falls.
Attorney Wallace McCamant, whose ad
dress had been awaited with expectant
Interest by the spectators In the court
room next occupied the attention of the
Jury. Wearing a bright green tie which
must have excited the warm admiration
4 ' - ix-- . .saw
.
3. Tborborn Roes, Portland Banker,
Convicted of Converting (288.000 of
Mate School lands to His Own
Vse-.
of any Irishman on the Jury, he bowed
deferentially and announced that he ap
peared Lsifore this body of men in behalf
of a client "who had been bound hand
and feet and delivered Into the hands of
enemies more vindictive than any Indian
who ever Inhabited the State of Oregon,"
enemies who had In recent years forced
this cUeat to endure "an ordeal more se
vere than that which had been suffered
by any other man except John H. Mitch
ell." If there were any friends of the late
Senator Mitchell on the Jury, they gave no
evidence of having been Influenced by this
departure from the issues in the case.
Injects Political Feature.
Mr. McCamant then gave an ex
tended account of an address by
Father Torke, to which he and Dis
trict Attorney Manning recently lis
tened in the Armory In Portland. He
remarked that Mr. Manning sat up on
the platform with other distinguished
gentlemen, but that since he, Mc
Camant. belonged to the wrong
party to get office in Oregon, he was
compelled to alt down In the audience
with the "common people.
Though most of the Jurymen rooked
Tike "comnKn people, they exhlhted
DO signs of having been affected by
the attorney's Intimation that he is
one of them. Neither did they then
nor In their verdict later indicate that
they had been Influenced by MoCam
ant's lengthy laudation of the ad
dress of Father York.
After speaking briefly about the
case on trial, Mr. McCamant treated
the Jury to another diversion by reclt-
OIIRONOIyOOY OF ROSS CAKE.
November T Receiver named for
Title Guarantee A Trust Company.
famarr T W, M. Ladd agrees to
terms of depositors.
January 7 Officials of company
are moicted.
January IS Bank off totals appear
In court.
February in Lawyers argue dry.
nrorrers.
March t Accused bankers are ar
raigned. Maroh 17 Banlear Invoke technl
camtee to avoid trial.
March 25 Officials of trust com
pany plead not guilty.
April o Accused bankers granted
Change of venue.
April SI Trial of President Roes
of defunct company betrlns at Palem,
April SS President Ross convicted.
ting eight or ten verses of poetry,
which, he said, came into his mind dur
ing an attack of insomnia last night
Remarks on I .a (Id's Absence.
He then returned to the consider
ation of the case of the State vs. Roes,
told the Jury that "misfortune Is not
crime," that though Mr. Koss Is a man
of family "he has not brought the
family into court for the purpose of
making a cheap plea for sympathy,"
and that ft is not his purpose to do
anything which will "cloud the Issues
of this case."
He felt Impelled, be said, to remark
the absance- of W. 31. Ladd and Frank
M. Warren, who were direotors of the
Title Guarantee A Trust Company, but
who, for same reason not apparent, had
not besen Indicted. Ha said that though
he Is a friend of both Ladd and Warren,
he felt that In Justice to hlB client he
must call attention to ths fact that they
are not here. He intimated that because
of their wealth they had been given im
munity, MoCamant denounced this as an in
famotis proeecution," told of the good
faith of this defendant as evidenced by
the offer of Mr, Ross to give State
Treasurer Steel security, which good
faith was further shown by the act of
Mr. Ross on October 2. 1907. in signing
" t ?
a
it i. ,. .
I If- ... - . .r , -.4
t
I Concluded on Page .)
FIGHT RENEWED
FDR MORE SHIPS
Piles Wants to Build
Four Steelclads.
VAIN ATTACK ON STEEL TRUST
Gore Proposes to Let Ship
yards of World Compete.
HE FINDS NO SUPPORTERS
Hale tSays Trust Sells Armor Cheap
er Than Foreign Manufacturers.
Increase In Appropriation
for Submarine Boats.
WASHINGTON. April 23. As the Sen
ate was about to conclude consideration
of the naval appropriation bill today.
Senator Piles, of Washington, proposed
an amendment Increasing from two to
four the number of new battleships to be
authorized. As several Senators desired
to speak on the amendment, further con
sideration of the bill was postponed un
til tomorrow.
An amendment to the naval bill, was
adopted appropriating $7,000,000 to begin
construction on the two ships authorized
by the bill as it was passed by the House.
A spirited debate occurred on the amend
ment for the restriction of the purchase
of materials for the construction of the
battleships and submarine boats to those
of domestio manufacture.
Amendments to remove that restric
tion from the bin were defeated, Hale
stating that since the investigation of the
steel trust some years ago the price of
steel armor had been reduced from $500
and J600 per ton to $416 per ton.
Beverldge declared that the United
States pays less for its armor plate than
any other nation except Japan.
Gore Drives at Steel Trust.
The House amendments were offered
by Oore of Oklahoma to allow the build
ing of all the new vessels at any ship
yard hi' the worid and taking away the
restriction m favor of - domestic steel.
Gore had no support in his first motion
to permit the building of the ships abroad
and 62 votes were registered against him.
His second motion was to strike out the
provision that all the parts of these ships
and the steel material used in them shall
be of domestic manufacture. On motion
of Hale that amendment was laid on the
table, 48 to 9, Gore securing the sup
port ' of Bacon, Culberson, Davis, Gary,
McCreary, Milton, Money and Simons, all
Democrats.
In offering these amendments. Gore de
livered a passionate appeal to the Sen
J HURRAH!
WlLLflMETTBA
S t ;itiiiiiii ;LIIII, J
ate to strike a blow at the steel trust.
He offered the s merriment, be said, to
"rescue this country from the tolls of
the steel trust. which be regarded as
"the tapeworm of the treasury." The
steel trust, he said, not only held up the
country but It held up the American mer
chant marine.
Arnrorplale Sow Cheaper.
Replying to a question. Hale said that
trie United States was paying $416 per
ton for its armor, and that Germany paid
$4S0, Prance and Great Britain $626 per
ton. He Insisted that the investigation
of the steel trust some years ago had
brought about a redaction of the price of
armor from $660 and $600 to $416.
An amendment proposed by Hale re
ducing the stipulated speed of the two
colliers from 16 to 14 knots was adopted.
On motion of Hale, the amount appro
priated by the House of $1000.000 to
ward the construction of eight submarine
torpedo-boats was increased to $3,000,
000, which may be applied toward the
completion of submarine boats hereto
fore authorised.
An amendment appropriating $500400
T3
lieutenant - General Unevitra
Commander of Russian Army
After Retreat Prom Mukden.
for a "new trunk-ln battleship hoist,"
proposed by Hale, was adopted.
Money for New Battleships.
t
An amendment was agreed to appro
priating $7,000,000 "toward the construc
tion, the machinery, armor and arma
ment of the vessels" authorized tn this
bill.
The pay of the enlisted men In the
Hospital Corps of the Navy is made the
same as that of seamen of corresponding
rating, by a committee amendment,
which waa adopted..
On a point of order made by Lodge,
the committee amendments giving Naval
staff officers rank on the same basis pro
virted for the Army, .and providing that
command of vessels shall be exercised
only by line officers, were stricken from
the bill as general legislation.
On motion of Dick of Ohio the bill was
amended so as to allow six months' pay
to the heirs of officers and men of the
Nay dying in the service. .
Mnet Kot Pnt Men In Irons.
Irons as a means of pnnlshment are
barred from the Navy, by a provision
Inserted by Nelson of Minnesota. Nel
son bad a letter read saying that, while
Irons are supposed to be eliminated from
Concluded on Pare 5.
VICTORY
GAINED
OVER RAILROAD
Land-Grant Resolution
Passes House.
FORDNEY'S JOKER IS EXPOSED
Rejected by Enormous Major
ity After Hot Debate,
CANNON HELPS INNOCENTS
All Win Tleutenants Support Lum
ber Millionaires, but Haw ley,
Humphrey and Jones Force
Kordney Into the Open.
ORBOONIAN NETVS BUREAU, Wash
ington, April 23. After one of the hard
est fought legislative battles of this ses
sion, the House of Representatives, late
this afternoon, by .a vote of 247 to 8.
passed the Fulton land-grant resolution
-without amendment, Prior to the vote on
final passage. Pordney's amendment was
voted down, 43 to 227. The resolution will
go to the President by the end of the
week and will promptly be signed by him.
Immediately thereafter steps will be
taken to Initiate suit against the Oregon
& California Railroad Company to secure
forfeiture of the unsold portion of its
grant. Tor the time being, H Is under
stood, no proceedings will be undertaken
against lumber companies and other pur
chasers from the railroad.
Cannon's Men Support Interest.
Seldom is as much feeling injected into
a debate as was evidenced today, and
rarely do members assail the good faith
of another member as several speakers
assailed Fordney for proposing and sup
porting an amendment which. In the opin
ion of nearly all lawyers, would abso
lutely defeat the main purpose of the
Fulton resolution. Opponents of this
amendment did not minoe words in de
claring it a joker, nor did. they spare
Fordney in ttieir criticism.
Fordney had adroitly arrayed' on his
side the Speaker, Representative Dal r el,
Chairman Jenkins, of the House Judiciary
committee, and other less prominent mem
bers, hut the friends of the resolution
forced Fordney and his followers Into
-the open, exposed their game and the
fight was won. The long delay in con
sidering this resolution, which, for the
time appeared dangerous, was actually
beneficial, for since the resolution was
reported. Representative Hawley and B.
D. Town send nave carried on a vigor
and continuous campaign of educati
among members on both sides of
House. The success of this quiet cam
paign was demonstrated on the final
vote.
Vordnev'i Jnkrr Eposcl.
Chairman Mondell. who had charge of
the resolution, made a strong presenta
tion of the Government's case, and con
tributed largely to the victory. Repre
sentatlvw Hawley, like other members,
wae given but a brief opportunity to de
fend the resolution against amendment,
hut his talk Was. strong and convincing
and was greeted by loud appiause and
general approval. The last sledse-liammer
blow was administered by Represents?
tive Humphrey of Washington, who ex
posed Fordney's perfidy, and It was
evident from the riotous applause which
followed that Fordneys amendment was
dead.
In the main the Fordney amendment
was supported by the Michigan and Wis
consin members and their friends, these
men being appealed to by stockholders
In companies which bought large tracts of
railroad land contrary to law. But the
great body of the House failed to recog
nise any justice In Fordney's amendment.
Congressman J. W. Fordney, of
Michigan, rueader of Rich Lum
bermen's Fight on Forfeiture
of Land Grant.
The final vote was nonpartisan, naturally
bo, for It was practically unanimous.
Fordney Amendment Fatal.
When the House assembled Mondell's
order for consideration of Fulton's reso'
lutlon was adopted upon roll call. Mon
dell then opened the debate, again explain
ing the provisions of the resolution. He
declared that, if the Fordney amendment
should be adopted. It would take the
ground from under the Government's case
against the railroad company. In answer
to a question, he admitted that the At
torney-fleneral' had assured him that, If
the Fordney amendment was adopted, the
Government would not Institute suit, for
to do so would be useless. Robinson, of
Arkansas, spoke briefly In opposition to
the amendment and demanded the passage
of the Fulton resolution without change.
.Haw ley's Strong Plea.
Hawley was given 12 minutes, in which
he made a strong plea for the passage of
the resolution without change. He said
that since the agitation began he had not
heard from a single bona fide settler who
had purchased railroad lands who feared
he would be Injured by the suit. He said
the resolution does not alter the status of
innocent purchasers, ' but submits the
whole question to a court of equity, where
no honest man was ever hurt.
The Fordney amendment, he said, was
favored only by sawmill owners who
bought large quantities of land In viola
tion of law and by other large purchas
ers who bought Illegally and are holding
land for Investment. These two Interests
maintained in the public lands commit
tee that their titles are. good. If they
(Concluded on Page T. )
CONTENTS TODAY'S PAPER
The Weather.
TBSTB5RTATTS Maximum temperature, 68
degrees; minimum. 45- .
TODAY'S Rain; southerly winds. '
Foreign. -
General Tvineviteh, . Rubs lan Commander In
Manchuria, die. P&jre 5.
Treaties concluded ensuring neutrality of
BaltU -8ea. Fags T.
National.
Houn passes land -Brant resolution and re
jects Fordney amendment. Pace 1.
Publishers renew demand for repeal of
paper But 7 and Cannon gets angry.
- Page 13.
Piles renews motion for four battleship and
Oore -attaeVs-steel trust. Paie 1.
In ley's letters attack In other Congressmen
are pioduped. Page 4.
Pell-He.
Illinois I e mo crate indorse Bryan and adopt
personal liberty plank. Pa L.
Independnne league accused of bank
ruptcy page a.
Taft's rivals admit he will be nominated.
Page 7.
JJojneMtlr.
How Hyde dictated creation of forest re
serves. Pare 4s
8port.
Pacific Coast League; Oakland . Portland
ft, Los Angeles 4, an Franclsoo 1.
Page 111.
Mike Sullivan wins 25-round light with
Gardner, Page 111.
This year's bench' show to be best in his
tory of Kennel Club. Page 1J.
Ls&rjte crowd attends boxing and wrestling
meet. Page 13.
Pacme Cesuis.
Sailors ef fleet have championship fights and
automobile rides, rage o.
Oakland, police on trail of men who tried
to blow up Gallagher. Page 7.
Banker Ross convicted at Salem. Page 1.
Board of Regents provides additional In
structors for Agricultural College. Page ft.
Ceaunercial and Marine.
j I V - N j
No market yet for new wool clip, Page 17.
General advance In New York stock mar
ket. Page 17.
Sharp advance in Eastern wheat mark eta
Page IT-
Firm of Brown ft McCabe a thins of the
past.. Page 1ft.
Port land and Ylriaity,
eauneO pcin&es ordinanea vequiring; air
brafcee on sAreetaar. Bags
Official count tn county for Damoexast state
efficen- Pag 11.
"Wife-beater l exonerated hy Court. Page
Oregon Kieesrie starts work; cX extension.
Page 1
Invest tgatten tnta purchase of telephone
cables- Page 10
Efforts to Vrtrvg fleet ta Portland have not
bean abaooiooed. Face-11,
DELIVERS
TO MS OLD ENEMY
Sullivan Lines Up Ill
inois for Bryan.
STRONGER ACTION DEMANDED
0ut-and-0ut Bryan Man Says
Nebraskan Is Sold Out.
PERSONAL LIBERTY PLANK
Chicago Secures Adoption After Bit
ter Fight With Local Optlonlsts.
Delegates Pledged to Sup
port Bryan as Vnlt.
SPRINGFIELD. 111.. April 23,-The Illi
nois Democracy today adopted the unit
rule and instructed its delegates to the
National convention at Denver to vote
for William J. Bryan and to "use all
honorable means' to secure his nomina
tion. After a hot fight in the resolutions
committee, which wss carried Into the
convention, the party adopted a platform
plank declaring in favor of "the greatest
possible personal Iberly" to individuals,
provided such liberty does not infringe
upon the rights of other people. The
plank Is as follows:
Personal Liberty Plank.
TVs bell.v. that orderly customs and
habits long pursued should not b disturbed
by Intolerance and we hereby declar. in
favor ot that fundamental doctrine of dem
ocracy and free government which Rives
to the Individual the largest measure ot per
sonal liberty, so long as be does not In
fringe on the personal rights of others. V.
are opposed to all sumptuary lawa.
Instead of naming the usual four dele
gates and alterrlates-at-laxge to the Na
tional convention, it was decided to send
eight, allowing each man one-half of a
vote. Blectora-at-large were also chosen.
The resolution Indorsing Mr. Bryan was
adopted with enthusiasm" and a flatter- "
ing demonstration followed the action.
Bryan Men Xot Satisfied.
For all that, however, it was not word
ed entirely to the satisfaction of Mr.
Bryan's most enthusiastic supporters,
and In the last few minutes of the con
vention Judge Owen P. Thompson, of
Jacksonville, declaring that Mr. Bryan
had "been sold out," demanded that a
stronger resolution be passed.- He de
sired to have the Instructions so worded
that Illinois would be bound to support
Mr. Bryan as long as hU name was be
fore the convention. His effort was made
in the last few minutes of the conven
tion and it met with the usual fate of
new business that is sprung upon hot,
weary, hungry and thirsty delegates who
are anxious to catch trains tor their
homes. Jt was swiftly and overwhelm
ingly defeated.
Enthusiasm for Bryan.
The convention, however, showed sin
cere enthusiasm for Mr. Bryan. When
his name was mentioned there was In
variably great applause, and the reading
of the resolution In his favor was greet
ed with cheers. The applause. It Is true,
came from the delegates from other
counties than Cook and other cities than
Chicago, - - -
Roger C. Sullivan, who dominated the
convention from first to last, did not ap
plaud Mr. Bryan's name at any time, but
Is not the kind of man who is given to
applauding things, no matter how strong
his approval may be. When the demon
stration was in progress, after ths read
ing of ths Bryan resolution, he rose and
stood until the cheers subsided and then
resumed hla seat,
Kiplit Over Personal Liberty.
The fight over theuersonal liberty or
liquor plank tn the platform was warm
and long. It delayed the convention
nearly two hours and then a minority of
seven presented a report urging that the
plank be entirely omitted. Mint eon mem
bers ef .the oommittee favored it, and
the convention sustained them by a vote
of Oil to . Of the tout in favor ef
the planks ' votes came from Cook
County. Tlw-ee-qnaxtere ot the county
delegations voted against It, but the
heavy vote of Chicago was too Bvuen tor
them, Cpnalderable feeling waa mani
fested during ta soli call which taM the
minority.' report upon the table, .'
Johinson Men Sut.irt Kvidenee,
The Ifolfcnson men were not in evidence
thsouahout the convention and no reso
lution1 bearing his name was introduced:.
Ten men fsoan Chicago, headed by Max
well dgar, did some quiet work in Mc
Johnson's behalf among the delegates,
but- ctrald produce no impression and
abandoned the fight.
In bis opening speech Fred Pt Morris,
of Wataeka, the temporary chairman,
warn fed the convention against dteoords
which would endanger success. He de
nounced trusts and Republican postpoae-
mepi of tariff revision. He accused
President Roosevelt of exceeding bis
povrecs and condenrned him for bis de
nunciation of . the Miners Federation
leakers.
Tile following eight dclegates-&t-larga
to it he Denrar convention were elected:
Boger Cv Sullivan, Fred X Kern, Carrol
C. iBoggs. Andrew J Hunter, Samuel
Alafcbuler. Harry it. Plndell, Edward F.
and Frederick. Jilf .Bidgel,