VV i
VOL. XLVIII NO. 14,814.
PORTLAND, OREGON, FRIDAY, MAT 22, 1908.
PRICE FIVE CENTS.
HEMBREE JURY
VOTES GUILTY
INVADER OF HOME
QUICKLY KILLED
VEXGEITL HUSBAND THEN" SUR
RENDERS HIMSELF.
CHOICE OF THIRD
BISHOP IN SIGHT
NEW ENGINEER
FOR COLUMBIA
EN CLIMAX
STATE GUARANTY
STANDS THE TEST
DEPOSITORS OF OKLAHOMA
BAXK PAID IX HOUR,
HUEF GASE JURY
FAILS TO AGREE
TO PUTT SUIT
MAJOR MEXDOE TO SUCCEED
COLOXEL ROESSLER.
1SUDD
Fifth Ballot Decides
Prisoner's Fate.
VERDICT REACHED 10:30 P. M.
Tillamook Man Convicted of
Killing His Daughter.
SLAIN IN LONELY CABIN
. J)efcndant Formerly Convicted of
Murdering His Wife, but la Pa
roled by Governor Prisoner
Calmly Hears Verdict.
DALLAS Or., May 21. (Special.)
Guilty of murder in the first degree is
the verdict of the Jury in the case of
Ab Hembree. charged with the murder
of his daughter in a lonely cabin in . the
mountains of Tillamook County.
Five ballots were taken by the jury,
which retired at 6 o'clock this evening,
and announced an agreement at, 10:30
o'clock, after a deliberation of four and
one-half hours, t
Verdict Fails to Move Prisoner. '
Hembrue maintained his nerve to the
end, and showed no change of counte
nance when the verdict of the Jury was
read In open court shortly before 11
o'clock tonight. Judge Burnett an
nounced that he would pass sentence
June 24, and Attorney Pipes for the de
fense, announced that he would then
file a motion for a new trial.
When the Jury failed to bring in an
Immediate verdict. It was the general
opinion on the streets tonight that there
would be a disagreement or acquittal.
The evidence against the prisoner was
entirely circumstantial.
Convicted or Killing Wife.
Hembree was convicted once before
in Tillamook County on the charge of
wife murder. The verdict was second
dns-ree. and after serving part of his
sentence In the Penitentiary, Hembree
was paroled by Governor Chamberlain.
His second arrest and trial followed
because the people of Tillamook Coun
ty believed the man guilty of killing
his wife and daughter and setting fire
to the home to cover up traces of his
crime. Intimacy with the daughter
was -one of the charges made by the
prosecution.
Hembree's second trial was held in
1 'alias because the defendant believed
he could not obtain a fair trial in bis
home county.
TWO CHILDREN ARE KILLED
liome in Kansas Demolished and
Mother Badly Injured.
CONCORDIA. Kan., May 21. Mrs.
Fred Baker was badly hurt and her
two children killed near Lynn, in
Washington County, last night. Their
home was demolished by the storm.
CONTENTS TODAY'S PAPER
Th Wcathrr.
YESTERDAY'S Maximum temperature, 63
rtrjrree; minimum. 47 deftreea.
TODAY'S Cloudy, with probably showers;
Southwest winds.
Foraifcn.
Railroad collision in Belgtnm kills SO and
Injures 100 persons. Page 4.
National.
Major MMnde to succeed ColonI Roessler
as linvernmnt Engineer at Portland.
Senate, votes to appoint monetary commis
sion. Page 4.
House and Senate agree on mail subsidy to
steamers. Page 1.
Roosevelt prepares to veto public building
appropriaion bill. Page 4.
Poll lea.
Governor Johnson speaks on money and
talks to cotton manufacturers, page 4.
Itomewt tc.
Cars dynamited at Cleveland, though ar
bitration of strike Is arranged. Page 4.
Third bishop' almost elected on fifth ballot
by Methodists. Page 1.
Fullerton elected moderator of Presbyterian
Assembly. Page .V
Mae Wood's suit against Piatt dismissed;
she Is arrested for perjury. Page 1.
One man killed, ten injured In big Chicago
fire. Page U.
Okis'ioma hank guaranty law stands first
test. Page 1.
Sports.
Rain stops Oakland-Portland game in sixth,
with score It-3. Page 7.
Pacific Const.
Jury in Kuef trial disagrees and is dis
missed. Page 1.
Ab Hemhree. convicted at Dallas for jnurder
of his daughter. Page 1.
Mtrhael Campbell tells how he came to kilt
John McClellan at Ieep River. Page $.
Oddfellows will meet next year at Albany.
Page 6.
Fleet at anchor in Bellingham Bay. Page 8.
Commerrinl and Marine,
English opinions on hop market condition,
page 17.
Wheat prices lifted at Chicago by weather
reports. Page 17.
Sudden fluctuations in stock prices at new
York. Page IT
Steamship Nome City is libeled for alleged
overcharges on freight rates. Page 10.
Portland and Vicinity.
Cake counts on large majority of "new
vote" in Oregon. Page 11.
J. Wesley . 1-add victim of swindling book
agent. Page 12.
Executtve board may penalise street rail
road company for delaying street work.
Page 10.
Cousin of David Livingstone, the explorer.
visits Portland. Page 11.
Free automobile rides land youth in jail.
Pge 11.
Episcopal Conference ends today; to meet
next year at Spokane. Pa 10.
Stanley Peck Shoots Fellow-Employe
in Reno Baggage-Room Tor W in
ning Wife's Love.
RENO, Nev., May 21. Stanley Peek
today shot and instantly killed Andy
Saterro, a fellow employe In the South
ern Pacific baggage room here. Peek
then went homo and telephoned Dep
uty Sheriff Branton to come' and get
him, giving him the first Intimation of
the crime.
Peek gave as the reason for his act
Rev. 3. 1. Xeulsen, Newly Elected
Methodist Bltdiop, Now professor
In Naet Theological School, Berea,
Ohio.
alleged undue intimacy between Sa
terro and his wife. Saterro was mar
ried, his wife and two children being
absent on a visit to Virginia City.
INDORSES DIRECT PRIMARY
Bryan Says In instructed Delegates
Often Betray the People.
HARRIS BURG, Pa., May 21. William
J. Bryan spent an hour and a half be
tween trains in this city today in con
ference with Jere S. Black, of .York;
Warren Worth Bailey, of .t,.lislowfi, and
other prminent Bryan men, who were de
feated In the Democratic state convention
here yesterday in their attempt to have the
delegates at large instructed for the
Kebraskan.
When asked about the result of yes
terdays convention, Mr. Bryan said:
"I appreciate very much the efforts of
the Democrats who attempted to secure
a resolution in the state convention in
harmony with the vote of the Democrats
at the primaries. The difference between
the primaries and the state convention
Illustrates forcibly the necessity for pri
maries. When voters speak for them
selves they say what they- think and do
what they please. When voters put their
Interests in the hands of uninstructed
delegates they take chances on the dele
gates using the power for themselves and
against the voters. 'It is just such be
trayals of public trust that have led
to the extension of the primary system."
Mr. Bryan left her for Altoona.
CHILDREN GREET KAISER
Homage Paid Francis Joseph by the
Youth of Vienna.
VIENNA, May 21. The school chil
dren of Vienna, numbering upwards of
85,000, gathered early today in the park
of Schoenbrunn Castle, the suburban
residence of Emperor Francis Joseph,
to pay Homage to the aged ruler, who
this year . celebrates the 60th anniver
sary of his accession to the throne. The
Emperor appeared at a balcony of the
palace and was greeted with great en
thusiasm. The children sang several hymns, af
ter which the Emperor descended from
the balcony, walked among the chil
dren and talked with them. His path
was strewn with flowers by the little
girls. He appeared to be in splendid
health.
MOHMANDS FIGHT HARD
Charge Right Vp to British Bayo
nets and Fall.
SIMLA. May 21. The Mohmand moun
taineers are offering a stout resistance
to the British punitive expedition under
the command of Major-General Sir
James Wilcocks. There was heavy
fighting at the Umir-Killtn. The tribes
men repeatedly charged up to the British
bayonets. Two British officers were
killed and one wounded and a score of
Sikh troops were Injured. The losses
of the Mohmands were over 200.
DIVORCE FOR VANDERBILTS
Referee's Report Seems to Be In
Favor of Wife.
NEW YORK, May 21. The report of the
referee on the suit of Mrs. Blsie French
Vanderbilt for divorce against Alfred G.
Vanderbilt, the head of the Cornelius
Vanderbilt branch of the famous family,
was handed to Justice O' Gorman in the
Supreme Court today. All the papers in
the case were at once sealed and filed.
An intimation that the report of the ref
eree was favorable to Mrs. Vanderbilt
was given when the attorneys made a
motion that the report be confirmed. The
motion waa taken under advisement.
Rev. Edwin H. Hughes
Is Probable Choice.
LEADS IN THE FIFTH BALLOT
Rev. C. W. Smith and Rev. W.
S. Lewis Also in Race.
TWO ELECTED ON SECOND
Drs. Anderson and Xeulsen Re
ceived Necessary Number of
Votes Church Will End Fight
With the Labor Unions.
BALTIMORE, May. 21. The battle for
the bishoprics waa hotly waged today
and before the adjournment of the
Methodist Episcopal general conference
the fifth ballot had been cast and was in
the hands of the tellers, who were In
structed to report the result to the con
ference at its opening tomorrow morn
ing. Late tonight it was learned from a
thoroughly well-informed source that the
ballot resulted in no choice, but that it
shows Rev. Edwin Hughes lacking only
about a score of votes of election. He
is followed by Rev. C. W. Smith and
W. S. Lewis, in the order named. It
also shows that Rev. J. B. Hingeley,
secretary of the conference, has gained
about 50 votes.
The election of Rev. Edwin H. Hughes
on an early ballot is looked for confi
dently. The ballots thus far show
marked gains for Rev. Charles !.
Goodell, pastor of Calvary Church, New
York, whose votea have increased from
194 on the first ballot to 392 on the
fourth.
Two on Second Ballot.
Rev. W. P. Anderson, secretary of
the board of education of the Methodist
Episcopal Church, residing in New York
Cjjty, and the Rev. J. L. Neulsen, pro
fessor in the Nast Tneological School,
Bera, O., were elected on the second bal
lot. There were 765 effective votes cast, 510
being necessary to a choice. Dr. Ander
son received 548 and Dr. Neulsen 540. Those
receiving more than 300 votes were:
Drs. William A. Quayle, of Chi
cago, 381; E. H. Hughes, president of
De Pauw University, Greencastle, Pa.,
356; W. S. Lewis, president of Morn
lngside College, Sioux City, la., 328;
Charles W. Smith, editor of the Pitta
burg Christian Advocate, 326; Robert
J. Cooke, book editor of the Methodist
Episcopal Church, 305; H. C. Jennings,
Cincinnati, publishing agent of the
Western Book Concern, 284; M. C. B.
Mason (colored), Cincinnati, one of the
corresponding secretaries of the board
of education, Freedmen's Aid and Sun
day school, 275; David G. Downey, as
sistant secretary of the eame board,
272; Joseph B. Hingeley, of Minneapo
lis, secretary of the general confer
ence, 243; Charles L. Goodell, of New
York, 233.
Before the third ballot was taken
(Concluded on Page 5.)
Change In Management of River and
Harbor Work in July Roessler
Goes to Newport.
OREGONIAN NEWS BUREAU, Wash
ington, May 21. Major James F. Mcln
dee, engineer officer now ' stationed at
New Orleans, was .oday ordered to pro
ceed to Portland as soon as possible after
July 1 to relieve Colonel S. W. Roessler.
The order of the Chief of Engineers fol
lows: "Major James F. Mclndee will tempo
rarily transfer the duties in his charge
to First Lieutenant Wildure Willing and
will, proceed to Portland,- as soon as prac
tical after July 1, and relieved Lieutenant
Colonel Solomon W. Roessler of the for
tification and river and harbor works in
his charge, together with the money.
Lieutenant-Colonel S. W. Boeder,
Army Engineer In Charge of Te
pwtment of Columbia, to Be Suc
ceeded by Major Mclndee.
property and records pertaining thereto,
and will also report to the commanding
General, Department of the Columbia, for
duty as chief engineer officer of that de
partment to relieve Lieutenant-Colonel
Roessler, who will proceed to Newport,
R. Lr and relieve Major Harry Taylor of
the duties in his temporary charge per
taining to the .Newport engineering dis
tricts y . - )
Major Menace has ?or a long time
been station i at New Orleans, where
he has had charge of Sabine Pass and
improvement of the lower Mississippi.
He has also been on duty in Washing
ton, and Is highly regarded In the en
gineer corps.
General Mackenzie, chief of engin
eers, said tonight that Major Mclndee
is one of the finest and most competent
young men in the corps, and fully com
petent to handle the work of the Porc
land district. Major Mclndee has long
been anxious to go to Portland. He
has relatives at Astoria
Major James F. Mclndee, who has been
ordered to Portland to relieve' Lieutenant
Colonel Solomon W. Roessler, United
States Engineers, In charge 'of the De
partment of the Columbia, is a graduate
of the West Point Military- Academy. He
was appointed a cadet from Maryland In
1887, and was graduated and appointed a
Second Lieutenant of Engineers in June,
1891. In 1896 he was advanced . to the
grade of First Lieutenant and was made
a Captain In 1901, and was recently pro
moted to the grade of -Major.
THE NEW EECRUIT.
.H-l-.... " T IB i
7
Mae Wood Arrested on
Perjury Charge.
DIVORCE PETITION DISMISSED
Court Acts Promptly on Dam
aging Evidence.
PLATT'S SON TESTIFIES
Says Nothing About Marriage in Let
ters He Bought License Blank
Not Made Till After the
Alleged Marriage.
NEW YORK, May 21. Mae C. Wood,
whose suit for an absolute divorce
from United States Senator Thomas C.
Piatt, of New York, has been on trial
in the Supreme Court here for sev
eral days, was committed to the Tombs
prison late tonight after Justice
O'Gorman had dismissed the complaint
in her action and ordered her held in
$5000 bail on a charge of perjury. A
handwriting expert testified that in his
opinion the body of the letter in which
Mr. Piatt is alleged to have admitted
his relation as husband to the plain
tiff was added after the Senator's sig
nature had been affixed. More telling
still for the defense were the deposi
tions by engravers and stationers
called by counsel for Mr. Piatt that
the blank form upon which the alleged
Piatt-Wood marriage certificate was
prepared was not lithographed until
three months after the date upon
which the marriage of Miss Wood to
Mr. Piatt was alleged to have taken
place.
Reiterates Her Story.
Aliss Wood was recalled to the stand
in rebuttal. She was asked If. after
hearing the testimony about the marriage
certificate she still reiterated that the
defendant gave the certificate, as she pre
viously testified.
"I still reiterate it," she replioi.
Justice O'Gorman turned to Miss Wood
and pointedly questioned her. She re
peated her assertion that the marriage
occurred as she had stated. She ad
mitted that Mr. Piatt never supported
her and, when asked by the Court if she
did not consider it the duty of a hus
band to support bis wife, she replied:
"I do, but as long as he was not
enough of a gentleman to do so, I never
asked him to."
Arrested for Perjury.
Mr. Piatt's counsel then moved for a
dismissal of the complaint. It was forth
with granted by Justice O'Gorman, who
In rendering his decision said:
"I cannot credit the plaintiff's evidence
as to the alleged marriage, and the testi
mony as it Impresses the court Is that
this is a most wicked design to support
a false and fictitious claim by forgery
and perjury."
Forthwith Justice O'Gorman ordered
Miss Wood committed to the Tombs on
the charge of perjury, fixing her bail at
$5000. She was obviously staggered by
Continued on Page 4.
Closed for Violation of Law, Its
Deficit Is Made Cp Out of
Guarantee Fund.
GUTHR1B, Okla., May 2L Within one
hour of the time H. H. Smock. Oklahoma
Banking Commissioner, had taken charge
of the International Bank of Colgate, he
had authority to pay the depositors in
full, though the bank's cash and availa
ble funds in other banks fell 322,000 short
of the total amount of deposits. The
, , , -
T -I
iirim if 4iiMHMiirn mr nmrrrrri"-
tnif imtiTff
Rt. W. F. AndrrMon, Secretary of
Metbodl Episcopal Board of Edu
cation and Newly Elected Bishop.
commissioner was enabled to do this
under the operation of the new banking
law, and this is the first time it has
been called into use.
Mr. Smock took charge of the bank
for alleged gross violations of the bank
ing laws and notified the Banking Board
at once. Governor Haskell, president of
the Banking Board, immediately author
ized the payment of depositors in full and
payment began. The amount of deposits
is 38,000. The bank had 5000 on hand and
$7000 deposited in other banks.
When the cash was exhausted, the
commissioner drew checks upon the state
guaranty fund. Under the operation of
the guaranty hank'ng law In Oklahoma,
a tax of 1 pr cent Is levied upon the
available annual deposits of all state
banks and the money thus raised is
used in payment in full of all depositors
of an Insolvent state bank after the
funds have been exhausted.
SUBSIDIZE MAIL BOATS
Conferees Agree to Accept Senate
Amendment.
WASHINGTON, May 21. Congress to
day took an important step looking to the
payment of ship subsidies, the conferees
on the postofflce appropriation bill hav
ing agreed to accept the amendment by
the Senate authorizing the Postmaster
General to contract with steamship lines
running to ports of South America, Phil
ippine Islands, Japan, China and Aus
tralia for the carrying of the mails and
to pay to vessels of the second class the
same rate that is now paid on American
vessels of the first class to Europe and
vessels of the third clas3 the rate now
authorized for vessels of the second
class.
There are no American lines of the first
class to the countries named and the ef
fect of this legislation will be to encour
age the establishment of mail and pas
senger steamers to ports of those coun
tries.
WILL BEAT RECORD EASILY
Lusitanla Off Fire Island on Test
Trip Across Ocean.
NEW YORK, May 22. The steamer
Lusltania, from Liverpool and Queens
town, waa reported off Fire Island this
morning:. A thick fogr made it impossible
for the observed at Fire Island to see
her, but the steamer, by her wireless
apparatus, notified the shore stations of
her whereabouts.
The fog and storm apparently have
somewhat delayed the liner, but It is
certain, barring accidents, that she will
beat her best record over the long
course by several hours.
CANNOT SURVIVE NIGHT
Governor Sparks Very Low Doctor
Has Little Hope.
RENO, Nev, May 21. Governor
Sparks, who has been sick for several
weeks, but was yesterday reported to
be Improving, is not expected to live
through the night. Dr. St. Clair, his
physician, stated tonight that the Gov
ernor was very low and that he had
but little hope for the patient.
THREE PERISH BY STORM
Tornado Rips Its Way Through
Kansas Farming Country.
CLAY CENTER, Kan., May 21. A re
port from Green, a small town in the
eastern part of this county, says that a
tornado passed through the north part
of this county last night, killing three
persons and doing much damage. The
wires are down and particulars are
hard to obtain.
Discharged by Court
After 44 Hours.
PROSECUTION WILL TRY AGAIN
Announces That Another In
dictment Will Be Pressed.
TAMPERS WITH JURORS?
Dr. E. J. Crcely Reported to Have
Spoken to Them on Street Con
tempt Proceedings Will
Be Brought.
SAN FRANCISCO, May 21. Unable to
agree, after being out almost 44 hours,
the jury in the case of Abraham Ruef,
charged with offering a bribe to former
Supervisor Jennings J. Phillips, was dis
charged at 5 o'clock this evening by
Judge Maurice T. Doollng. Thirteen bal
lots were taken and the jury stood 6 to S
from the outset. At no stage was there
a chance for an agreement, the credi
bility of the witnesses being the main
point upon which the Jurors divided.
The failure of the jury to convict will
not alter the attitude of the prosecu
tion as there are numerous indictments
pending against Ruef, on one of which
he will be placed on trial as soon as the
state can make its arrangements to that
end. In view of this Tact the Board of
Supervisors today appropriated $70,000 for
the continuance of the graft prosecu
tions. Resuming their deliberations this morn
ing, the jury was called into court at
11:45 o'clock by Judge Doollng, but asked
the court for more time. The request
was granted and they retired.
Courtroom Is Cleared.
When 4 o'clock arrived the bailiff or
dered the courtroom cleared, as Judge
Doollng had decided to send for the jury
in a short time and there whs a deslrc
to avoid any demonstration on the part
of the spectators. As a result attorneys
directly interested and the members of
the press were about the only ones in
attendance when the Jurors filed in and
took their places in the box.
Foreman Penny arose and in response
to the question of Judge Doollng said
it was Impossible for the Jury to agree.
Each Juror was then questioned by
Judge Doollng and all agreed that they
could not arrive at a verdict. Judge
Doollng then formally discharged the
Jury.
Tampers With Jury?
At that point in the proceedings Fore
man Penny, addressing Judge Doollng,
remarked that in view of the instructions
given he felt it his duty to report an in
cident to the court. He said that while
the Jury waa passing Leavenworth street
and Golden Gate avenue this morning,' en
route to court. Dr. Edward J. Creely, a
veterinary surgeon, accompanied by an
other man, were close at hand in a buggy.
According to the statement of Penny,
the Jurors heard Creely say "Do not con
vict my friend Ruef."
Assistant District Attorney Heney
questioned Penny as to the details of the
affair and Juror Mohrig arose and said
he felt the remark of Creely waa in
tended for him alone, he belne a personal
friend of the veterinarian and that. In
his opinion, there was no attempt to in
fluence the Jury.
May Punish for Contempt.
Mr. Heney announced that he would
prepare affidavits and an order citing
Dr. Creely to show cause why he
should not be punished for contempt
of court. The matter was set for 10
o'clock tomorrow morning.
District Attorney Langdon made a
statement tonight to the effect that
the prosecution will not cease the work
that has been cut out and that as soon
as possible he will proceed to try Ruef
on one of the other hundred or more
Indictments pending against him.
RETURNS TO THE PRESIDIO
Artillery Officer Says He Wandered
Away While Insane.
SAN FRANCISCO, May 21. Captain
Samuel D. McAllster, of the Thirty-'
eighth Coast Artillery, who has been
missing for a week, and for whom the
police and several of his brother of
ficers have been searching, returned
to the Presidio this evening. It is said
that he wandered away during a flt of
temporary insanity and that his mind
was blank from the time he left the
Presidio last Thursday until he re
covered consciousness today and found
himself in Oakland.
D0UMA MEMBERS IN JAIL
Seventeen Signers of Vlborg Mani
festo Go to Jail.
ST. PETERSBURG, May 21. Seventeen
members of the first Douma today com
menced serving. In St. Petersburg, the
sentences of three months' imprisonment
for v signing the Vlborg manifesto. They
drove to the prison in cabs. There waa
no demonstration.
Other signers of the manifesto also in
terred themselves today in the various
cities where they were elected.