TFIE MORNING OREGOXtAN, SATURDAY, MAT 9, 1908;
HENEY HAS GUN
READYTD SHOOT
Ruef Trial Almost Causes an
Open Fight Among the
Lawyers.
HENEY CALLS MURPHY LIAR
Grilling C'ross-Kxainlnatlon of Galla
. glier by Ach Provokes Prosecu
tor to Fury He Tells of
Threats and Insults.
SAN FRANCISCO. May 8. Endeavor
ing to come to the defense of the prose
cution's star witness, who was being?
subjected to a severe cross-examination,
and accused of having put words in the
witness' mouth. Assistant District At
torney Francis J. Heney precipitated a
sensational scene in the courtroom this
afternoon in tho trial of Abraham Ruef.
The outbreak occurred during; the
cross-examination of James I Galla
gher, the prosecution's principal witness
in the bribery-graft cases, whose home
in Oakland kbs blown up two weeks
ago. Gallagher, who admittedly was the
agent and go-between of Ruef and the
Superlvsors, had testified that Ruef In
structed lim to "hold up" the applica
tion of the Parkside Realty Company
for a trolley franchise and subsequently
told him to see the other members of the
Board, advise them that each Super
visor would get J750 to pass the ordi
nance and to "put It through." He
also told of Ruefs message to the Board
that there would be J250 more in It for
each member when some months later
the Parkside Company wanted the trol
ley route In the franchise changed.
Ach Rattles Gallagher.
So hoarse that he could not speak
above a whisper without great effort,
Henry Ach commenced Gallagher's
cross-examination at 2 o'clock. For some
time he was unable to find any vulnera
ble point In the witness" testimony, but
as the cross-examination continued and
became more severe, with a repetition
of the same question in various forms
and a relentless probing for details, Gal
lagher became nervous and confused.
The gruelling began to tell on the staid
and phlegmatic witness and he moved
restlessly and uneasily about In the
chair.
Wrought up by Mr. Ach's methods and
Insistence on categorical replies, Mr..
Heney remonstrated and said that it was
about time that Mr. Ach was stopped
from putting words into the witness'
mouth and of trying to mislead him. Mr.
Ach came back with the accusation that
it was the Assistant District Attorney
who had , put words in Gallagher's
mouth. 1
Heney Threatens to Shoot.
"You are a liar," retorted Mr. Heney,
riFlng to his feet.
"Put him in jail," shouted Mr. Murphy.
"If either of you want anything and
will come outside, I'll give It to you this
minute," challenged Mr. Heney, as he
reached for his hat.
"Take that big gun out of your
pocket," retorted Mr. Murphy, "then I'll
call you a liar."
"Yes, and. If I do, I'll use it," said
Mr. Heney, as he started toward the
table of counsel for tho defense, at the
same time dropping his hand to his side
menacingly. He was stopped by De
tective Burns, sitting directly behind
him.
The court all this time was exclaiming
"Gentlemen, gentlemen."
Mr. Ach pushed his associate back into
his chair, admonishing him "to be
gentleman."
Court Fails to Restore Peace.
Order being restored, the court said:
"If It were not for the fact that I want
to get through with this case, there
would be no trial of it for a week."
"If Mr. Heney has a gun in his
pocket," said Mr. Ach, but was Inter
rupted by the Assistant District Attor-
ney with:"
"Yes, I have a gun. An attempt has
been made to assassinate me and one
other man connected with this proceed
ing by some of their crowd of thugs.
There are about half a dozen in this
courtroom r4gl- now.".
"Yes, Burns thugs," interjected Murphy.
"No, your thugs,"
The trouble had broken out again.
"He goes around , making a big noise,
thinking he will scare somebody," Bhouted
Mr. Murphy.
Heney Says Jjlfe In Danger.
Mr. Ach, addressing the court, said he
desired to take an exception to the state
ment made before the jury that the As
sistant District Attorney was In court
armed. He declared that Ruef did not
have in his employ any person other than
his attorneys and his office boy, and as
serted that Mr. Heney had no right to
come Into court with weapons on him.
If he considered his life In danger, he
should have a guard with him.
. Mr. Heney declared that he had been re
ceiving letters threatening his life, and,
taking one from his pocket, said: "Here is
one right now that came in care of your
honor."
The Assistant District Attorney also
stated that In coming to and going from
the courtroom he was dally being called
vile names by persons in the corridors
and on the sidewalks in front of the
building.
After the court had again severely ad
monished the attorneys, saying that he
would greatly regret to postpqne the trial
for a week, and, while very patient and
making all allowances, he would not
again permlt such a scene to go unpun
ished, Mr. Ach resumed the cross-examination
of Gallagher.
Asked if he did not testify before the
grand jury that Ruef said there "ought
to be J750 in It for each Supervisor," in
stead of "there would be," the witness
declared that he "would not say posi
tively" that he had not made such a
statement, but was satisfied that he had
not, and attributed It to an error upon the
part of the reporter who took down the
testimony.
Just before court adjourned. Judge Dool
tng again warned counsel against Indulg
ing in a repetition of the incident of the
afternoon. Mr. Heney apologized, saying
he greatly regretted the affair.
"I would like to say in extenuation,"
said he, "that I have been under a heavy
strain, trying cases for four years here
and In Oregon. I deeply regret on your
honor's account that it occurred."
As the attorneys met outside In the corridor,-
Mr. Heney approached Mr. Ach
and for a moment it looked as If the af
fair of the afternoon would be renewed.
"You accused me of fixing' the witness.
I won't stand that from any man," vehe
mently declared the Assltant District At
torney. Ruefs counsed paid no attention
to the remark.
Money to Throw to Birds.
Gallagher was preceded on the stand by
State Senator George B. Keane and "Will
iam J. Dingee, a prominent capitaist.
Keane was for some yeans Ruefs law
partner, later secretary to Mayor Schmltz,
which position he resigned to accept the
appointment as clerk to the Board of Su
pervisors. He was called by the prosecu
tion merely to identify the records of the
Board.
Dingee . told of conversations with
Mayor Schmitx regarding the Parkside
matter, the Mayor being favorable to the
project. He also told of a remark made
to him by Ruef when talking about the
Parkside proposition that "if they," refer
ring to the Parkside people, "wanted to
throw money to the birds, I am one of
the lrds."
HAVE OUTLAW PENNED IN
HALF-BREED MOSXEY. IS RUN
DOWN AT LAST.
Desperado Trailed to Cave Near Ar
row Greek and Must Surren
der or Starve.
BUTTE, Mont., May 8. A special
from Lewlstown, Mont., to the Miner
says: -
Sheriff Edward .Marton and Deputy
Sheriff Al Morgan, now In the field
after the notorious half-breed outlaw
Mosney, are uninjured and have the
desperado corralled in a cave near
Arrow Creet.
John "Walsh rode in from there to
day and brought this news with him.
He states that the officers soon got on
to the trail of their man, and finally
penned him up In his retreat, from
which he can escape only through
surrender, as it will do him no good
to fight, all the advantage being on
the Sheriff's side.
Walsh said It was expected when he
left that there might be a termination
of the affair at any moment and
added that there is no room for doubt
as to the man being Mosney.
GIVE IMPROMPTU FARCE
Students Make Good Use of Thea
ter Given Them.
UNIVERSITY OF OREGON, Eugene.
Or., May 8. (Special.) By way of ap
preciation for the gentlemanly manner in
which University studen :. have conducted
themselves while attending the Orpheum
Theater since its opening, L. F. Mummy,
manager of the theater turned the place
over to the students for one night, and
the college boys organized a minstrel
show,, which they presented to a packed
house this evening. The show was a
farce, gotten up on the spur of the mo
ment, but every one had a good time,
the actors as well as the audience. All
of the actors wore baseball masks to
ward off the flying vegetables. There
was no rowdyism, but just a little college
fun. Joshes were cracked on the faculty
and promient citizens, and students were
made the butts of jokes.
FIREMEN CONFESS ARSON
Admit Having Burned .Jamestown
Exposition Buildings.
NORFOLK. Va., May 8. Four mem
bers of the Jamestown Exposition Fire
Department and two of the Powhatan
Guard were today held to the grand
Jury on the charge of arson. Two of
the men filed written confessions that
they started the fire on the grounds
which destroyed the Philippine villages
and other villages, ten days ago. They
said it was understood that Fire Chief
Miller had recommended a out In both
forces and salaries and they thought
a fire would demonstrate the value of
both the firemen and guards of the
grounds. '
BRIEF NEWS BY TELEGRAPH
Chicago Grill W. Barnard, on, of tthe
mom widely known Masons In the United
States, is critically 111 here.
St. Petersburg Klnpr Gustave. of Sweden,
and his suite left Friday for Reval. where
they will embark for Sweden.
New York. The annual convention fryt the
Federation of American Zionists . will be
held at Atlantic City. July 10 to 15.
Winnipeg, Manitoba The Grand Trunk
Railway Company will erect six 10,000,000
buBhel elevators on the Kam River at Fort
William.
New York. The Chamber of Commerce
has $70,000 left of the Ban Francisco relief
fund and will probably give it to the San
Fcanclsco hospitals.
Butte Negotiations are. under way for the
settlement of the linemen's strike on the
Rocky Mountain Bell Telephone Company's
lines In Montana and Wyoming.
New York The tank steamer Washtenaw,
laden with oil. from Sabine. Tex., went on
the sand keys near Monmouth Beach, N. J.,
Friday. She scot off at the next flood tide.
Chicairo The arguments on the appeal of
the Standard OH Company from the fine of
f2S.24O.OO0 Imposed by Judge I.andis were
concluded Friday. The court took the appeal
under advisement.
Tokio. (Baron Sone. Vice-Resident-General
in Cores, in the Ji-Jl Shlmp'o is quite out
spoken, and recommends drastic measures
to suppress the agitation against Japan in
Corea. . His return home is generally be
lieved to be connected with important politi
cal changes In Corea.
New York. Charles S. Naethlng. a
wealthy restauranteur. has been - appointed
admlniRtrator of the .estate of his brother.
John Philip Naethlng, who went "West In
1872 and had not been heard of till a year
ago. The estate consists of ? 11634. his
share of his father's fortune.
New York. The annual convention of the
National Wholesale Grocers' Association at
Atlantic-City. June 3-4. is expected to be
the greatest gathering of food purveyors
ever held in the country. It will represent
about pine-tenths of the grocery trade of
the country, and 1000 delegates will be pres
ent Guatemala City. Persistent reports are
current regarding the presence of Mexican
troops on the frontier, and the Guatemalan
government has requested the Government
at Washlngton to ask an explanation from
Mexico. Mexico denies that any more thaD
the regular frontier guard la on the bound
ary. Sacramento, Cal. A gasoline tank in a
large bathing establishment In oak ave
nue, between Seventh and Eighth Btreets,
exploited Friday morning. The flames de
stroyed the bath-house and the Baloon of
Charles Bauer and the insurance office of
Nathan & Michels; loss $4O,0UO, small In
surance. Appletotn Wis. Wisconsin paper manufac
turers propose that newspapers be printed
on black paper in white ink. The advan
tages suggested are the preservation of for
ests, the saving of millions of dollars an
nually In pulp wood and the reduction In
the price of print paper, to perhaps one
half the presnnt price. Black paper can
fe .nsuie of old and used newasurera
CANNON TALKS OUT
Advises the Visiting Bishops
What to Dp.
SIDES WITH SENATOR KNOX
Believes Congress " Should Xot In
fringe on Prerogatives of Any
State, "Which He Says "Would
Call for "Thunder."
WASHINGTON, May 8. A committee
from the board of bishops of the Meth
odist Episcopal Church, whose general
conference is now being held in Balti
more, today called on Speaker Cannon
and presented to" him resolutions that
had been adopted by the conference and
asked . that the Littlefleld interstate
liquor shipment bill now pending before
a committee of the House be reported
with favorable recommendation; that the
House pass the bill and send it to the
Senate for favorable consideration an5
that action be had before the adjourn
ment of the present session of Congress.
Among them were Governor Hanley, of
Indiana; Governor Hoch, of Kansas, and
Judge Charles A. Pollock,, of Fargo,
N. D.
Speaker Cannon, after reading the
resolution, alluded to the consideration
that has been given to this question by
the Senate committee on Judiciary and
called attention to the report of Senator
Knox declaring the Littlefleld and other
bills to be unconstitutional, which he
considered to be a very able document.
He said that If Congress attempted to
overreaqh and infringe upon the preroga
tives of the state, the state would "soon
thunder."
The Speaker waa rather Inclined to
think that better results could be ob
tained it the conference pursued the lines
of a bill drafted by Mr. Knox after re
jecting the Littlefleld measure, which,
he said, was pronounced by a committed
of able lawyers in the Senate to be un
constitutional. .
YETEKAN" BISHOP ' RETIRES
Tbobum Asks Methodist Conference
to End His Labors.
BALTIMORE, May 8. Giving advancing
yearB as his reason. Dr. J. M.
Thoburn, missionary bishop of Bombay,
India, today asked the General Confer
ence of the Methodist Episcopal Church
to retire him from active service. His
request was referred to he committee on
episcopacy. A deep impression was cre
ated among the delegates, who testified
their regard ' for him by rising and ap
plauding him.
Bishop Goodsell presided today. A large,
number of memorials were handed up
from the various conferences. Mrs. Flor
ence D. Richards, of the Central Ohio
Conference, secured the unanimous adop
tion of a resolution appealing to Congress
to submit to the states an amendment to
the Constitution prohibiting polygamy.
The resoluton points out that two such
propositions are before the United States
senate.
Missions in Asia.
Bishop William F. Oldham, of Sing
apore, read the report of the mis
sionary bishops -of Southern Asia.
The effect of the victory of Japan
over Russia In their war, the report
said, is registered in the thinking of
every Asiatic. National and racial self
consciousness everywhere has been
quickened. In the Malay archipelago,
the report continued, the increased
power of Japan Is dimly felt to be a
threat rather than an incitement, and
reported experiences of Formosa and
Corea lend stability to European rule.
In the Philippines at first the Japan
ese success produced some wild talk,
but the American concession of a larg
er degree of self-government than has
yet been vouchsafed to a dominated
people in the history of nations, to
gether with the object lesson or how
Asiatics may fare at the hands of other
Asiatics, has made for a degree of con
tentment with the American pro
gramme that could scarcely have been
looked for at the beginning' of the
quadrennium. There was a larger
stride towards democracy in the Far
East during the quadrennium than any
half century, possibly any century, In
the past.
Paget Enters Protest.
Something of a sensation and not a
little amusement was created when Dele
gate B. Lee Paget, of Portland, arose and
denounced as "obscene and obnoxious
some literature that had been distributed
among the delegates. The offending mat
ter proved to be advertisements of cer
tain whiskies, contained in a ' pamphlet
Issued as a souvenir of the Jamestown
Exposition and setting forth he resources
of Maryland and industries of Baltimore.
The books were stamped with the com
pllments of a leading business man of
WHAT THE PUBLIC SHOULD KiW
The STANDARD TRUST CO.
is now ready for business in its offices in the Chamber of Commerco
' building, Stark-street entranceNo.' 265-267. ' ' ' : .
Transacts a General Trust Company Easiness
Acts as trustee under ' mortgages, -trust deed's and in all fiduciary
capacities and prepares papers therefor.
Certification of bond issues by this corporation assures protection
to the public and investors and increases the market value of bonds.
It offers an absolutely safe investment in
Gold Coupon Real Estate Certificates
based on Portland Business Property, in units of $25.00, drawing 4
per cent interest annually, payable every six months and cashable
under contract ; in addition, they participate in the profits. Principal
and interest absolutely safe.
It deals in gilt-edge bonds.
THE BANKING DEPARTMENT
will be ready for business in the near future just as soon as its -safes
and literature are ready.
OFFICERS
Win. H. Garland, President. H. P. Davidson, Loans.
I. W. Lane, First Vice-President. E. L. DeKeater, Cashier.
A. J. Dillon, Second Vice-Pres't. C. M. Scherer, Trust Officer.
John B. Moon, Secretary. A. E. Clark, Counselor.
this city, who was formerly a Methodist
minister. Bishop Goodsell, In the chair,
cut off discussion by saying that the
hour of adjournment had arrived.
XOTABLE MODERN MISSJOXARY
Bishop Thoburn's Long Career lu
Asia Predicts Asiatic Invasion.
Bishop James M. Thoburn, who ap
plied to the general conference of the
Methodist Episcopal Church, at Balti
more, yesterday, to be retired from ac
tive service, had had a most remark
able career. He is nearly 72 years old
and was elected to the bishopric In
1888, being assigned to India and South
ern Asia, where he had previously la
bored. He served continuously, being
one of the most noted missionaries of
modern times, until his 'health was
shattered. Three years ago he was
obliged to cease the hard toil and pri
vations incident to his chosen duties
in India and come home to rest.
P. y the whole church and by the
world at large as well. Bishop Tho
burn Is held In high and loving esteem.
Here in Portland, where he lived most
of the past three years, while resting
from his missionary labors, he was
greatly beloved, as indeed is the case
throughout Methodism, especially.
Last September, during the annual
session of the Oregon Conference In
this city. Bishop Thoburn thrilled his
hearers by declaring that he saw. In
the coming to America of vast hordes
of Hindoos, the will of God, and the
subsequent working out of the great
est missionary movement the world
ever witnessed. Because of his long
service in India and his great knowl
edge of the situation, his words cre
ated a profound impression through
out the country.
Although probably the best-known of
all Methodist bishops, both at home and
abroad. Bishop Thoburn has spent the
greater part of his ministerial life In
countries across the seas. In stature.
It is said, he Is the smallest of the
bishops. His wonderful vltalicy and
grim determination, however, kept him
up in the confllot, and he tolled on for
many years, evsn after his physical
needs required him to rest. That he
will be retired there is no doubt.
CHOICE OF CONSERVATIVES
(Continued From First Pare.)
ballots are taken, Bryan's supporters will
melt away like snow, and soon leave him
In a hopeless minority.
A careful canvass of the situation has
convinced them that the "sentiment" for
Bryan is the reflection of despair and In
difference rather Ulan of fanatical enthu
siasm. Weak in- the South.
Particularly Is this so In the Southern
States, they say, where the. delegates
have been suspicious of Bryan ever since
he spoke in Madison Square Garden, after
his trip around the world, and advocated
Government ownership of railroads.' Of
course, he took it back later,, but the
damage had been done.
Whether the strength of the anti-Bryan
combination will be thrown to Harmon
at the start Is a question as yet unde
cided. Several leaders of conservative
sentiment favor keeping the Ohio man
in the background as far as possible.
Their' Idea Is to split the votes of the
anti-Bryan men up among a number of
favorite sons, and throw the convention
into a hopeless deadlock.
Harmon Cast for Moses.
Then when the men from the South are
sick and disgusted and eager to go home,
Harmon will be suggested as the one man
who can unite all factions, and the dele
gates will "turn to him as their political
Moses.
THE DAY'S DEATH RECORD
Ludovlo Halevy, Dramatist.
PARIS, May 8. The death is announced
of Ludovlc Halevy, the well-known dra
matio author and novelist. M. Halevy
was a member of the French Academy
and was born In this city, July 1, 1834.
Jerome Flannery, Cricketer.
NEW TORK, May 8. Jerome Flan
nery, the leading- authority on cricket
in the United States, is dead of con
sumption.
Uphold Interborough Ruling;
NEW TORK, May 8. Attorney-General
Jackson will not be permitted to
bring suit against the Interborough
Metropolitan Company to vacate its
charter and annul Its corporate exist
ence. The appellate division of the
Supreme Court today sustained a rul
ing to this effect, -which recently was
made by a lower court.
North-western People in New York
NEW TORK, May 6. (Special.) The
following from the Pacific Northwest
registered at New Tork hotels today:
From PortlandT-C. P. Maglnnls, at the
Plaza; J. J. Delury, at the Albert.
From Seattle Mrs. O. B. Anderson, at
the Girard.
Nearly 8 per cent of the students. In
merman universities are roreigners.
i
SUED FOR DEFICIT
Heinze and Clements Asked to
Make Good Losses.
AETNA BANK CASE AGAIN
Receiver Wilson Sties for Value of
Stock and Other Sums Accuses
Them of Misconduct and Also
Fraud in Management.
NEW TORK. May 8. A suit to recover
approximately tLSO.000 from F. Augustus
Heinze and A. B. Clements was bee-un in
the Supreme Court here today by Robert
Lyons, receiver of the Aetna Banking &
Trust Company, of Butte, Montana.
Heinze formerly was president and Clem
ents manager of the institution. .They
are asked to account for $100,000 worth
of stock, a credit of J37.T70 and for another
amount of J43.0O0.
It Is stated In the comDlaint. that in
November. 1906, Heinze paid $100,000 to
E. T. Wilson, acting receiver of the bank,
for the benefit ..of Its creditors. This
$100,000, according to the complaint, was
distributed among the creditors, reduclnsr
the bank's liability to that extent. The
receiver now asks the Court .nat. If tu.s
application of $100,000 was DroDer. Heinze
and Clements be required to account for
stock of the bank having a face value of
$100,000. They also are asked to account
for alleged loss and damages to the com
pany which. It Is charged, were due to
tneir negligence, unlawfud acts, miscon
duct and fraud.
DIGS FOR BURIED LOOT
Mysterious Stranger Causes Much
Excitement in Salem.
SALEM, Or., May 8. Much excite
ment was caused here today by the ar
rival ot a mysterious man, who began
excavating near the river in a spot
where It has always been rumored a
notorious outlaw burled $10,000 and
much valuable Jewelry, following" a
murder in California and flight to Sa
lem. The outlaw was followed here by
officers and the impression remains
that the loot was hastily burled in this
city. The man who arrived here to
day paced off 100 steps from a certain
tree and was apparently satisfied that
he had found the right place and began
to dig. He was driven away by the prop
erty owner, who continued the exca
vation. Hundreds visited the spot dur
lng the day.
Rutherford. Tenn. Following; a confession
madejiy J. W Sharp, bookkeeper, that he
waa short in his accounts. the Citizens
Bank, with $40,000 deposits, closed Its doors
Friday.
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