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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 22, 1908)
VOL. XLVIII. NO. 14,866.
PORTLAND, OREGON, WEDNESDAY, JULY 22, 1908.
PRICE FIVE CENTS.
BOYS DROWN IN
OUT OF TRAGEDY
HILLSBORO MAX TO MARRY
BELLE OF TOLEDO, O.
TAFT TO CONFER
PAY GREAT FINE
. F. J. GOULD
PLUNGED INTO WATER WHEN
VIRGINIA HARXED SUES ACTOR
HUSBAND IN NEVADA.
1 MGANS SCORE
' Appeal Court Will Con
NEW TRIAL WILL BE DENIED
Early Agreement Comes as
Surprise to Lawyers.
ONE JUDGE WILL DISSENT
Pcciston to Be "Jtlendered Toda
Against Oil Monopoly First Ru
mors Said Fine Would Be
Reduced to Minimum.
CHICAGO, July 21. (Special.) John
D. Rocnefeller will know at 10:30
o'clock tomorrow that the Standard Oil
Company of Indiana must pay the fine
of 129,240,000 assessed against It by
Judge Landis in the United States Su
preme Court here nearly a year ago.
The Court of Appeals will report its
finding at that hour, and positive as
surance is given tonight that the orig
inal decision will be affirmed in every
particular; that the fine will stand and
that -a new trial will be denied.
This Is the final outcome of a day
full of wide speculation and excite
ment among the attorneys on both
Bides of the famous case. The fact
that the Court of Appeals had reached
a decision and was ready to report
came as a great suprise, as It had been
thought the case would go over until
Fa Hi The Court of Appeals is made up
of Judges Peter S. Grosscup, Francis
E. Baker and William H. - Seaman,
There la a hint tonight that one judge
will dissent, but this will not affect
the finding, as the other two are said
to have sustained Judge Landis
Rumors at First Contradictory.
Early reports In the afternoon and
evening were to the effect that the fine
Imposed by Judge Iandls would be
greatly reduced: In fact, cut down to
the ordinary lnes assessed against cor
porations somewhere In the thou
sands Instead of the millions. From
an authority which cannot be ques
tioned, however. It Is learned that the
majority of the court sustains Judge
John S, Miller, of counsel for the
defendant company, was not among
thase who care to venture any guess
as to the nature of the decision.
"I can say truthfully, however," said
Mr. Miller, "that I retain the confi
dence I possessed when I was made
counsel in the case, that our points
were well taken, and that we would be
pleased to have a remanding of the
Nature of Offense.
In the Indictments voted In this case
August 28, 1906, there were 6428
counts. Of these, the prosecution for
the Government chose 1903 on which to
rest Its case when the trial came on.
Judge Landis threw out 441, leaving
1463 counts, on each of which the de
fendant corporation was fined 330,000.
Each count represented a carload of
oil shipped from Whiting. Ind, to East
St. Louis, over the Atton road, at a
ecet rate of 6 cents a hundred pounds,
or one-third the rate charged to Inde
pendent shippers, who did not know of
the advantages enjoyed by their com
petitors. They paid 18 cents, the pub
lished rate. For three years, accord
ing to court evidence. Standard Oil en
joyed this secret rate, and during that
period the earnings of the corporation,
as leanrd by Judge Landis, amounted
STANDARD BEGGED FOR MERCY
Asked Roosevelt to Allow Minimum
Fine, but Me Refused.
WASHINGTON, July 17. (Special to
Kansas iCty Star.) The Standard Oil
Company, Staggered by the Imposition
of the fine of 29.000.000 dollars imposed
upon it by Judge Landis, of Chicago, and
fearing a similar outcome to other suits
still to he tried, has been begging for
Thus far It has been turned down by
the administration, both President Roose
velt and Secretary Taft having agreed to
let the case come to a final decision in
the United States Supreme Court. It did
not become known until today that John
D. Archibald, vice-president of the Stand
ard Oil Company, visited the White
House, before President Roosevelt retired
to Oyster Bay. and made application for a
The Standard. In effect, proposed that
the Government should consent to a nom
inal fine in each one of the cases, on the
principle that this was the first offense,
or at least that it was the first case to
be publicly prosecuted. The administra
tion's reply was "no."
More Plague In Veneiuela.
WILLEMSTAD. Island of Curacao,
July 21. The steamer Maracalbo ar
rived today from Puerto Cabello.
Among her passengers was Charles W.
Vogel. surgeon in the United States
Health and Marine Hospital service,
who went to Venezuela to investigate
the bubonic plague. The steamer was
refused admittance at Puerto Cabello.
There are rumors that the plague has
broken out afresh at Caracas and La
Samuel Gates' Love Affair Begins
With Drowning of College
Chum, Bride's Brother.
TOLEDO, O., July 21. (Special.)
This afternoon was announced the en
gagement . of Louisa Frances Niles,
daughter of C. M. F. Niles of this city,
to Samuel Gates, of Hlllsboro. Oregon.
The marriage will occur Saturday and
both will leave for Portland,' their new
This engagement marks a pretty col
lege romance, in which there is a touch
of sadness. - Mr. Gates was a college
chum and fraternity brother of Charles
Niles, a brother of the bride. On a
visit he met the sister. Later Charles
was drowned while canoeing and Mr.
Gates came to the funeral and spent
several days. This marked ' the be
ginning of the love which will culmi
nate in the wedding Saturday. .
It had been intended not to wed for
some months owing to the death of
Misn Niles' father last month, but to
take a new position in Portland im
mediately the wedding was decided
upon by Mr. Gates. Miss Niles-Is one
of the most prominent Toledo girls.
Her father was a banker, a city official
and a high Mason.
HAS SECOND CONFESSION?
Langdon Said . to Have Induced
Claudianes to Talk.
SAN FRANCISCO. July 21. Accord
ing to a story printed. In the Bulletin
today, John Claudianes made a second
confession to District Attorney Lang
don on Friday night last in which he
is represented as saying that he and
his brother Peter were hired by Felix
Padeauvarius. a Greek padrone, to de
stroy Gallagher's home with dynamite
and murder Gallagher; that the graft
prosecuters were to be murdered, but
the plans for putting them out of the
According to this statement, John
Claudianes actually fired the first
charge of dynamite, which wrecked
the Gallagher premises, and endan
gered the lives of Gallagher and mem
bers of his family and his brother
fired the second charge, which wrecked
two apartment houses In Oakland
owned by Gallagher.
Claudianes was brought before Police
Judge Shortall today for arraignment.
Upon motion of J. W. Scott, his attorney.
the arraignment was continued to July
83. It is understood that Claudianes will
not be tried upon the charge now resting
against him, but will be held as long am
possible in order to give the District At
torney time in which to make an effort
to apprehend Peter Claudianes, his
brother and Felix Padeauvaris and Fred
Wilhelm, suspected of being implicated in
Upon the dismissal of the proceedings in
Judge Shortall's court, it is understood
John Claudianes will be taken to Oakland
and formally charged with a felony upon
complaint of Gallagher and tried on that
A dispatch received today from Reno,
New, says Captain Cook, of the state
police, arrested a Greek at midnight
whom he believed to be Peter Claudrfanes.
The Greek was caught while trying to
escape on a train going west. He was
traced from the tenderloin district to the
Passed Confederate Money.
DENVER, Colo., July 21. Silas C.
Stevens, a curio dealer of Chicago, and
Charles Hulster. of San Francisco, an
agent of Stevens, were indicted by the
Federal grand Jury today on the charge
of counterfeiting. They are accused of
having caused worthless Confederate
notes to be passed as genuine money.
v x, - ,v : v
- " - ' VI. s : v " '
: - I ' . ' '- "
Break Two Olympic
SHEPHARD WINS 800 METERS
Sensational Finish Makes
PORTER WINS HIGH JUMP
Two Irish-American CJub Men Are
Heroes of Day Americans Win
Many Preliminary Heats
of Other Events.
WINNERS ' OF THE DAY.
Melvin W. Shephard. Irish-American
A'. C, New York, 800-meter run.
Time 1:52 4-5, beating Olympic
Harvey F. Porter. Irish-American
A. C running high Jump, 6 feet a
inches, beating Olympic record of 6
feet 2 4-5 inches.
LONDON. July 21. Melvin W. Shep
hard, of the Irish-American Athletic
Club, who took the measure of. Eng
land's best distance men in the 1500-
meter run at the Olympic games just
a week ago, scored another victory
today when he finished far in the lead
In the SOO-meter event, establishing a
new Olympic record of 1:52 4-5 for the
distance and continuing on to the half
mile, which he ran in 1:54, within
3-5 of a second of C. H. Kilpatricks
world's record, made In New York in
Another gold medal went to Amer
ica. when TTarrv F Porter of the Irish
American Athletic Club, captured the
high jump by clearing the bar at six
feet three Inches and beating tho
Olympic record, made, by J. Ks Baxter
In Paris in 1900, of 6 feet, 2 4-5 Inches
After assuring himself that he was the
winner, he went after the world's
record, the bar was placed at 6 feet.
6 3-4 Inches, Just ono-elghth of an inch
higher than the record; which was made
by M. F. Sweeney In New York In
1905, but it was just a shade too much
Day for American Winners.
Bolter weather, a much larger at
tendance and exciting finishes made
today's Olympic sports at the Stadium
far more interesting than any that
have preceded them.
As expected. It was America's day,
for, besides winning the only two
events finally decided, the American
sprinters won the great majority of
the heats in the other events. The
running high jump was the - most
keenly contested event of the day. It
started in the morning and not until
six o'clock was Porter proclaimed the
winner. In the first section of this
(Concluded on Page 11.)
DOMINICAN SISTERS ATTENDING CAIHOUC
Winslow Habernicht and Wilbur
Frank Are Dead and Compan
ions Have Narrow Escapes.
Winslow Habernicht. 13 years old,, and
Wilbur Frank, a deaf and dumb boy, 10
years of age, were drowned at 6:30 o'clock
yesterday afternoon in Columbia- Slough,
at a point near the Woodlawn trestle on
the Vancouver carline.
Two other boys, John Fowler and Ever
ett Stafford, were barely saved from
drowning at the same time. One was in
the water with the other two and the
fourth went to the rescue of the three.
It was only with great difficulty that the
two boys were saved.
The tragedy occurred in a pond forming
a part of the Slough The pond is 260
yards long by 150 yards wide, . and in
many places Is over a man's head in
depth. The boys were playing near tie
water's edge when they found the hulk
of an old scow, which had been left partly
stranded on the shore. Three of the boys
boarded the delapidated old boat and pad
died out into the pond. When . they
reached the middle of the pond it cap
: None of the boys could swim and
Everett Stafford, who had remained on
the shore, seeing a small boat further up
the bank, seized upon it and immediately
put out from the shore to rescue those in
the water. .His boat was capsized be
cause all three of the struggling boys In
the water, made frantic by their danger,
tried to get Into the boat at the same
time and on the same side. This weight
listed the boat, causing it to ship water.
With a lurch it sank, throwing out
Everett Stafford. He. did not know how
to swim, but struck out, and succeeded
In making his way to the shore. His
cries brought aid, which saved John
Fowler, mto whose way chance had
thrown the capsized boat, when It was
righted and rose to the surface the boy
Winslow Habernicht is the son of
William Habernicht, 1566 Oneonta av
enue, wjio is employed in the compos
ing room of The Oregonlan, and Wil
bur Frank is the son of W. G. Frank,
346 North Seventeenth street, who is
employed as a boilermaker by the
Willamette Iron Works. The rescued
boy, John Fowler, aged 8, lives with
his parents at Madrona and Farrell
streets. Everett Stafford, with his pa
rents is camping near -where the trag
edy occurred. .
Lu E. Collins, together with John
Smith and two other men from the
Oregon Boat House five blocks' distant,
arrived in answer to Stafford's cries.
They plunged into the water and
saved the Fowler boy and recovered
the bodies of the other two. Three of
the men worked on the two boys while
the other one summoned Dr. Arthur L.
Canfield, of Woodlawn. Although the
physician reached the scene in a very
short ytime the boys were dead. Deputy
coroner uunning .was nounea ana re
moved the remains to the undertaking
establishment of Dunning, McEntee &
Japan's New Patent Law,
TOKIO, July S. Six thousand three
hundred and forty-one Japanese and 2551
foreign patents have been so far granted
since the enforcement of the patents law
in Japan, making a total of 8892. .Japan
ese patents granted last year " number
2042. Foreign patents, granted last year,
numbering 659, include 232 American, 216
English, 64 German and 32 French.
INSTITUTE NOW IN 8ES8ION AT WEST
Conspiracy to Suborn
te BEN TEAL IS ARRESTED
Former Portland Woman Ac
cused by Millionaire.
TWO OTHERS IN TOILS
Charged With' Attempting to Bribe
Young Milliner to Give False
Testimony for Wife In
Pending Divorce Case.
NEW YORK. July 21. Charged with
conspiring to suborn perjury in behalf of
Mrs. Frank J. Go'Jld. who Is suing her
millionaire husband for a divorce, Mrs.
Ben Teal, wife of a well-known theatrical
man, Henry S. Mousely, a private de
tective, and Mrs. Juda Fleming, a seam
stress, were arrested by the police late
last night and' were today each held un
der J500 bonds to await the result of an
investigation into the amazing story told
the authorities by Miss Mabel D. Mc
Causland, who alleges that Mrs. Teal and
the others arrested attempted to bribe her
to testify falsely against Gould In order
to swell his wife's alimony.
Girl's Home at St. Paul.
Miss McCausland's home is in St, Paul,
and she Is a recent arrival in New York.
She is only 18 years old and it seems had
come here with stage ambitions, although
recently she has been employed by Mrs.
Teal as a seamstress. She says Mrs.
Teal offered to pay her $600 In cash and
give her a substantial monthly allowance
If she would swear that while visiting
Mrs. Teal's home she had seen Gould In
a compromising suituation with Miss
Bessie Devoe, an actress, who sublets a
suite of rooms in the Teal apartments In
After promising to give this testimony.
Miss McCausland became frightened and
laid the matter before Gould't lawyer.,
who consulted with the police and trapped
the alleged conspirators in Mrs. -Gould's
rooms with the McCaulsand girl.
Mrs. Teal is a sister-in-law of Joseph
N. Teal, a prominent Portland. Or., law
yer, and was herself born in that city and
spent her girlhood there. She was form
erly Miss- Eleanor- Gilman, - and is the
granddaughter of a pioneer hotel man of
her native city.
Miss MacCausland, who says she Is
18 years old and describes herself as a
milliner in her affidavit, says that she
went to the Teal apartments on July
6. Mrs. Fleming was present . While
there Mrs. Teal asked her if she want
ed to earn some money, and upon her
replying that she did, Mrs. Teal, she
Quotes Mrs. Teal's Words.
"Do you know that I sub-let my
apartments in the Glenmore to Miss
Devoe? Now, Mrs. Gould Is suing her
husband for a divorce and he has been
calling on Mi?-Devoe at the Glenmore.
The stronger the evidence is against
Mr. Gould the more alimony Mrs. Gould
will get. You have been to my apart-
(Concluded on Page 11.)
SIDE HIGH SCHOOL.
Complaint Filed In Reno Court Ten
der Seal and Contents
RENO, Nev., July 21.-(Special.)
Through the filing, in the District Court
here today, of a suit by Virginia
Harned Sothern, asking a divorce from
her husband, Edward H. Sothern, the
actor, Reno has become the hub of at
traction in theatrical circles. The doc
ument filed is sealed, and therefore no
details can be secured concerning the
allegations, but it is a story which has
been hinted at in stageland for several
The feature which is creating the
mpst talk here in Reno is the fact that
Virginia Harned Is supposed to have
been residing in this state for six
months, a portion of that time in Reno,
yet she has managed to maintain her
six months' stay here without the story
leaking out; Her whereabouts at the
present time Is the puzzle. .Her law
yers refuse to discuss the matter in
any maner whatever. The details will,
therefore, remain a mystery until the
case Is called for trial.
Sothern is in town tonight, with a
theatrical man named Warde. Several
days ago Sothern and Warde registered
here, but when interviewed, led the re
porters astray, saying Mr. Sothern waa
on his way to Yosemlte to study his
new play. When he found his identity
was known, Mr. Sothern left for Lake
Tahoe, but retained his room at thi
hotel. He returned last night with Mr
Warde, the latter registering, but
Sothern going to his room without do
ing likewise. Today they held a con
sultation with Sothern's attorney.
Sothern refuses to discuss the matter.
It is said that a contest is not expected.
It Is surmised the points at Issue have
been satisfactorily settled between the
conteetin g parties.
A short time after the dramatic mar
riage of Mr. Sothern, six years ago,
it was said the union would some day
be broken, and that the Nevada courts
would untie the knot.
JAPAN TO RE-ARM HER NAVY
Larger Guns for Old Ships Instead
of Building New Ones.
TOKIO, July S- The Japanese admir
alty has decided upon a large scheme of
re-armament. Instead of building new
ships, the armaments of the old will be
altered so as to bring them into line
with the most modern ideas and with the
requirements indicated by the war with
Russia. Thus vessels of the Mlkasa type,
which have hitherto carried four 12-lnch
guns and 14 6-inch, will henceforth carry
four 10-inch instead of 14 6-lnch, so that
their principal armament will be brought
up to eight pieces of heavy caliber. . In
fact, their fighting strength will be dou
bled. Similarly in the case of vessels like
the Retvlzan, taken during the war, their
new armament will conBlst of four 12-lnch
and four 10-inch pieces, the latter being
substituted for the 12 6-inch which these
vessels originally carried.
When the programme is carried out It
will have the advantage of creating a
thoroughly homogenous fighting force.
First-lass cruisers are to be added to
the navy. These ships will have a dis
placement of 18,650 tons with a horse
power of 44,000 and a speed of 26 knots.
They will be 450 feet long over all with
80-foot beam and a draft of 26 feet. Their
armor will be seven inches and their
armament will consist of 10 12-lnch guns,
some 6-lnch and 10 7-lnch.
Vice Admiral Salto, Minister of the
navy, has returned from the scene of the
Matsushima disaster. He says the land
ing of guns from the sunken ship is not
Impracticable, but the refloatatlon is still
under consideration from a financial
point of view. ,
GOULD'S SON ROUGHING IT
Will Spend Summer in Mining
Camps of Nevada.
HEW YORK, July 21. Kingdon Gould,
the second son of George J. Gould, dis
carded the appurtenances of wealth today,
when he left for a trip of study and ex
perimentation in the mining camps of the
West. He discarded his 'valet and his
town clothes for corduroys and hobnail
Gould did not receive his diploma from
the Columbia School of Mines last Spring
owing to his frequent illness during his
sophomore year. He has certain condi
tions to make up, and last week left his
parents In Paris to return to work. Pro
fessor Kemp, of Columbia, will accom
pany him. Yesterday at the Plaza, King
don Gould said:
. "This is not a hunting trip and I shall
be hard at it until the opening of the
school of mines. 1 do not know all our
objective points, but Professor Kemp
does. We will study in most of the West
ern camps, that is Goldfield, Tonopah and
SOCIALISTS TO TEST LAW
Refuse to Put 1"p Fee When Filing
Declarations of Candidacy.
BELLIJiGHAM, Wash., July 21.
Thirty Socialists appeared this after
noon at the office of County Auditor
Miller to file their declarations of can
didacy for nominations at the primary
elections this Fall. Candidates for
every office on the list were present.
Not one of the candidates brought
a filing fee with him. the omission be
ing planned beforehand. They Insisted
on filing without paying money into the
county treasury, and when Auditor Mil
ler refused to accept their declarations
on this condition, they , declared that
they would appeal from his decision
and take the matter to the Supreme
Fourteen Families Homeless.
MARYS VILLE. Cal., July 21. Fire
this afternoon destroyed a whole block
bounded by B, Seventh, A and Sixth
streets. Fourteen families are with
out homes as a result.
Consult Him About Cin
GOING TO OYSTER BAY TODAY
Frequent Consultation During
ENTER VIRGINIA CAMPAIGN
Republican Candidate Promise
Speech at Rally and Favors Fight-
Ing tor Other Southern States.
Plays Golf With Bourne.
HOT SPRINGS, Va., July . Presi
dent Roosevelt is to review in advance
the speech Judge Taft will deliver in
Cincinnati next Tuesday. "I have de
cided to make this speech what may be
my most Important utterance of the cam-
palgn. I have the highest regard for the ,
President's judgment regarding the sub- j
Jects to be dealt with and a keen appre- ;
elation of his wonderful ability for force-
ful expression. I want his Judgment and (
his criticism, and this cannot be easily
obtained at long range, so I have decided
to go to Oyster Bay."
This statement, made today by Mr.
Taft, Indicates his viewpoint regarding
the announcement of his Intended trip,
which he says is to be taken on his own
and not on the President's initiative.
He will leave here tomorrow night, reach
ing Sagamore Hill Thursday evening. Mr.
Taft will probably spend the night with
the President. He will leave New York
for Cincinnati Friday afternoon.
Consulted by Wire.
The plan for the President's participa
tion in the final review of the speech,
which is regarded as having a number of
significant features from a political view
point, was finally .decided upon at 4
o'clock this morning, that being the time
of the exchange of the last telegrams be
tween the candidate and the President.
It was made clear that throughout the
preparation of the speech, which is now -undergoing
final revision at the hands
of Mr. Taft, frequent and extended con
sultations hare been had with the Presi
dent. The mails, the telegraph and the
telephone have been used for this pur
pose. In emphasizing the political importance
of the speech, Mr. Taft said today that
the first intention to have the utterance
only a simple and formal acknowledg
ment of the notification had been Anally
abandoned, in view of the growing Im
portance and number of subjects which
seemed ,to crowd themselves forward for
consideration. The speech will doubt
less contain approximately 12,000 words.
No forecast of the subjects discussed and
method of their treatment will be made
In advance with the consent of Mr. Taft.
Pressure for one grand rally of Vir-
(Concluded on Page Jl.)
INDEX OF TODAY'S NEWS
TESTDR DAY'S Maximum temperature, 8T
degrees; minimum, 61.5 decree.
TODAY'S Possibly showers; cooler; westerly
Honduras sells railroad to raise money to
tight revolution. Page 3.
1 i National.
Fleet sails for New Zealand today. Page 8. :
Eitchooclc makes Chicago campaign head- i
quarters and ends Western conference.
Page 3- ' ,
Taft to consult Roosevelt about speech of;
acceptance. Page 1.
Hlllsboro man to marry Toledo heiress after J
romantic courtship. Page X. !
. Miners' Federation asks Government inquiry
into Treadwell mines. Page 8.
Great fine of Standard Oil Company to be 1
affirmed. Page 1.
Miss McCausland's story of conspiracy
against Frank Gould. Page 1.
Steamer Annbls ashore off California coast i
and will probably b total loss. Page fi. J
Virginia Harned sues E. H. Sothern fori
divorce. Page 1.
Bishop Potter of New York dead. Page 5, '
Los Angeles defeats San Franclsoo 2 to L
Americans win two big events In Olymplo
games. Page 1.
Relay race New York to Chicago ends.
Oakland wins opening game from Portland.
8 to 2. Page T.
Salem team captures rifle shoot trophy -
City of Eugene formally takes over water
system. Page 6.
Commercial end Marine.
Shortage of Jute crop In India predlotad.
Another Harrlman bond Issue announced.
Chicago wheat market resists bear attacks.
Norwegian ship Tabor clears. Page 1.
Portland and Vicinity.
Two boys drown In Columbia Sioux h
Railroad men indorse plan for smaller farms
In Oregon. Page 10.
Progress alow in Booth conspiracy trial.
Important measures will come before Coun
cil today. Page 10.
Grand lodge. Ancient Order of United)
Workmen In session. Pace 8-
John Clark's children fail to secur control
of his rich estate. Page 11.
Catholic Educational Institute discusses de
partment work at second day's session.
Mrs. Arthur H. Clute. alleged diamond thief.
resents action of local authndi'-e.
, Page 10.