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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 14, 1908)
TUB HOKXl.G OKEGOMAX. SATURDAY, OT121IBB 14, 1DOS. 5 HENEYIS SHOT BY EX-CONVICT Graft Trials Have Climax Attempt at Assassi nation. in WOUND MAY NOT BE FATAL Rejected Juror Attacks Honey in Courtroom Captnred, but I n- dlffcrent to I'mle Rucf Returned to Jail. (Continued From First Pag. ) stunned and paralysed. The would-be assassin, whose revolver was within a foot and a half of ir. Honey's head when ha gulled - the trigger. stepped bark, hi arms by his side, one hand still clutching the smoking pistol, a if hesitating what to do. For a fraction of a aecond an Impressive silence fol lowed the report, while the smoke of the shot laaily floated away. Then fol lowed a dramatic scene. Some one( houted: Rush to Capture Haas. "My God! He has shot Heney." Ex clamations of horror burst from the crowd. Half of the spectators, evident ly fearing further phoottng. made a fran tic rush for the doors. Before the as sassin could raise his pistol again Mr. Foley and E. J. IVl.-kotchill. a special policeman, were upon him. had thrown him to the floor and wrested the weapon from his grasp. He struggled, but was dragged to the Jury box. thrown upon Ms bark and held there, Just aa the Jury, attracted by the shot, rams bursting through Its private entrance Aa the man who had fired the shot itepped bark from the Assistant Dis trict Attorney with the smoking weapon In his hand, he kept his eyes on Mr. Heney, as If to see how ef fertlve his aim bad been. "Send for Mr Wife," Says Heney. Mr. Heney arose out of his chair, put his hands to Ms head, the blood streaming through his Angers and red dening the table In front of him. leaned over a moment and was caught aa he began to fall. He wus laid on the floor. Charles Oliver and John Foley, two special detectives connected with the District Attorney's office, holding his head out of the pool of blood which flowed from a wound which appeared to be Just below his right temple. He was conscious, and when the Associat ed Press representative dropped down at his side' find spoke to him, his first words were: "Send for my wife." Dr. H. A. Hincka, who was In th courtroom at the time, rushed to Mr. Heney's aide, made a hasty examination and pronounced him fatally wounded Mr. Heney was perfectly compose.!, the peculiar smile, for which he Is known, was still hovering over his lips. Kvi- dently he also balleved that ha was fatally wounded. Turning his eyes to John O'Gara, his assistant In the trial. he said: Thinks He Is Dying. "I want to make a dying statement. believe I am going to die. I was sitting at my table when I felt what I thought waa a blow. I do not know who snot me. I was doing nothing to anyone."' Ruef and his two attorneys, who were out on the sidewalk, were startled by the report and started for the courtroom, but were forced down the steps by the crowd rushing frantically out. "What haa happened." shouted Ruef. to the Associated Press representative. as the latter ran out to the nearest tele phone. "Heney haa been shot," was -the reply. "My God. who did that?" he asked. Rurf Sends for Doc-tor. Ruefs automobile stood in front of the building and he immediately ordered his chauffeur to get the nearest physician. The car returned a few minutes later with Dr. A. S. Tuchlcr. of 703 VanNess avenue. Medical assistance was somewhat slow In arriving and Dr. Tuchler was the first physician from outside the court' room on the scene, Mr. Heney In the meantime lying on his side In the courtroom, with a piece of rug under his head. It was some time before the am bulance arrived, which conveyed Mr. Heney to the Central Kmergency Hos pital, only four blocks away, whence he was removed at about 7 o'clock to the Ijine Hospital, Immense-, Angry Crowd. The report of the attempted assassina tion spread throughout the city like wild fire and caused Intense excitement and indignation. An Immense crowd gath ered around Carpenters 'Hall, to which Judge Lawlor had moved his court this week on account of the lnck of room and facilities In the temporary criminal court huilriinir. Several hundred persons toi lowed the abulance from the hall to the v.ntr-l Flnereencv Hospital, and oown town thousands slathered around bul letin boards. Within a few minutes after the shooting Chief of. Police W. J. BigKV. W. J. Burns. ex-United States Secret Service agent, who ia at the head of the special detectives employed by the prosecution In the bribery-graft cases; Kudolph Spreckels. the capitalist who financed the prosecution: Captains of Police Gleason, Duke aud Wright, and a large force of police, were on the scene. Ruer Slips Away, but Returns. There was no hostile demonstration by the big crowd In front of the build ing, but some threatening; murmura began to be heard. Ruef was sur rounded by large number of people and quietly slipped away, going with Dr Tuchler to the latters office for a little while. This led to & report that the former political boss had disap peared, and Mr. Burns censured some of his men for having allowed him to get away and Mr. Blggy immediately sent men to hunt for him. Ruef. how ever, appeared in front of the building a little later and sent in word that the officer at the door would not let him in. He was at once taken into the courtroom. In the meantime several acts of the tragedy were being played in different parts of the ' courtroom. Whlla Mr. Heney was lying on th floor tua newspapermen approacned the would be assassin, who up to that time had not yet been Identified, and asked him for his name. At first he refused to give It. then he said: "Heney Ruined Me," Says Haas. "I "am Morris Haas. Heney ruined me. I don't care what becomes of me now." In another corner of the building Mr. Arh and Mr. Dozler. Ruefs coun sel, were in the chambers of Judge I Lawlor. . 4 "My God." exclaimed Mr. Ach. 'T wish I had never taken a criminal case In my life. I will never take an other when I get out of this one. This is a dastardly outrage. I cannot ex press myself In strong enough terms. Mr. Heney did not denounce this man Haas, if he is the one who did the shooting. In pursuance of his duty he disclosed the fact, during the other trial of Mr. Ruef. that Haas was an exconvjet and as such had him dis missed from the Jury box. I sincerely hope that Mr. Heney will recover." Hurt and His I.uwyers Angry. Mr. Dozler also regretted that he was engaged in a criminal case after having several times made a resolution that he would not again take one. "It's getting to be a pretty state of civilization when a man engaged in the performance of his duty Is shot down In an open courtroom," he said. "It was a dusturdly act, an outrageous deed." Ruef denounced the attempted assas sination mot vehemently. "I was outside, in front of the build ing, talking to my attorneys, when we heard the shot." said he. "We tried to get in. but were stopped by the crowd that rushed i-iit The first that I knew that it was Mr. Heney who had been shot was when a newspaperman camf running nut and snouted it to me as he ran up the street. I immediately or dered my chauffeur to take my car snd get the nearest physician that he could lind. I cannot find language strong enough to denounce the attempt to kill Mr. Heney." Even before Mr. Heney had been re moved from the courtroom. Captain of Police Duke took Haas In charge and after informing him that whatever he might say would be used against him, began to lntcrrogn'C him. the statement of the ex-convict being taken down In shorthand. Motive of Haas' Crime. Haas was convicted of embezzlement in San Bernardino County, and on May , 1SSS. was sentenced to three years In San QuenUn. He served two years and eight months, having earned four months by good behavior, and was re leased January i".. 1SK0. Some years later he was married, and has a wife and four children. He lived with his family at 1S4S McAllister street, and was engaged in the saloon business at the time he was drawn on che Jury panel for the second trial of Ruef lust May. After be had been passed by Dotn sides. Mr. Heney learned that he was an ex-convlct. TTo dramatically con fronted Haas with his picture In con vict stripes, closely-cropped hair and number across hi breast. Haas was forced to admit his penitentiary record and was immediately discharged from the Jury. From his statement It ap pears that he has been brooding over his c-xposure ever since that day. and has r.ursed a deep hatred of Mr. Herey, which culminated In today's tragedy. Ruef in Jail for Protection. Judge Lawlor reconvened court at 5:13. He had already sent the Jury to the St. Francis Hotel In charge of Deputy Sher iffs. As soon as a semblance of order was restored, the court ordered Ruef, who has been at liberty on bonds aggre gating Il.5o0.000. Into the custody of the Sheriff and he was soon afterward tnken to the County Jail. His counsel offered formal objections. Mr. Dozler then de manded that Gallagher, the witness, be also ordered Into the custody of the Sheriff until his cross-examination had been finished. This was refused. ' The action of Judge Lawlor In order ing Ruef into custody was taken, it is said, not so much for fear that he would endeavor to flee as for his own safety from possible mob violence. Evidently fearing 'that some demonstration might be made also against the would-be as sassin, the police removed him tonight from the city prison. It could not be learned whither he had been taken. "Will Live to Prosecute.- "I'll live to prosecute that man." do- clared Mr. Heney on the operating table at the Central Emergency Hospital, while the surgeons were probing his wound. The wounded man was entirely con scious and grittlly endured the ordeal Mrs. Heney arrived at the hospital a few minutes after her husband had been taken there and later accompanied him to the Lane Hospital, where she 13 at his bedside tonight. After an informal consultation. Prs. Terrv. Moffitt and Bunnell announced at 9 o'clock tonight that the patient was resting easily and that at 11 o'clock: the doctors would determine whether to use an X-ray or probe for the bullet. Rullet Passes Vnder Brain. The bullet entered the right cheek and passed through the head underneath the brain cavity, finding lodgment in the region of tho left ear. The Associated Press was the first to receive and send out the news of the at tempted assassination of Mr. Heney. even being the first to give it to the local papers. So great and Intense was the Interest In the case that the Associated Press office was soon deluged with In auiries. not only from all parts of the city, but by telephono and telegraph from all sections of the state. IS ADMIRED BY ROOSEVELT Heney Earned Regard by Vigorous Land-lYaud Prosecution. WASHINGTON, Nov. 13. The first in formation received at the 'White House tonight In regard to the attempted as sassination of Krancls J. Heney was through the Associated Press. No state ment in this connection was given out to night. Last Spring Mr. Heney came to this city to confer with the president with regard to the prosecution of land-fraud cases in the West. Tho President has en tertained warm personal regard for Mr. Heney for the vigorous manner in which be prosecuted these cases. Breaks News Handling Record. The rapidity with which the Associated Press handled the news of the attempted assassination of Francis J. Heney will stand as a record for a long time to come. Heney was shot at 4:22 and In Just two mlnutea after the shot was flred the Associated Press wires were flashing the news over the country. The first flash was received in the Portland office at 4:25 and Just IS minutes after the brief story was sent over the wire, the news. In the form of an extra, was on the streets!. When the news of. Pope Leo's death was flashed from Rome and reached San Francisco Just 30 mlnutea after. It was thought a great achievement, but the swiftness with which the attempted kill ing of Heney was handled sets this record aside. It was the quickest handling of spontaneous news in the his tory of news gathering In this or any other country. Another remarkable feat was played by the Evening Telegram. Its first ex tra was on the street at 4:f2. the second at 6 o'clock and the third and last, with complete story of the shooting, was on the streets' at 5:15. Thousands of copies were sold during this short period of time. LATE PHOTOGRAPH OF PROSECUTOR, SHOWING ! i t 1 X ! i -u 1 i $ . t . i .j 1 t - : ! -J. I A - : A- AzvK 'S: i; . t t - Y - " i i FRANCIS J. HENEY. J I ROUTS UNDTHIHES Record of Heney's Work 'Oregon Is Brilliant. in OVERCOMES BIG HANDICAP Carries On Prosecutions With prac tically Xo Help, and Convicts Men Rich in Public Life of SUte. At the request of President Roosevelt. Francis J. Heney came to Portland from San Francisco In November, VJ03. as spe cial assistant to United States Attorney General Knox, to assist John H. Hall, at that time United. States Attorney for Oregon, in prosecuting the land frauds in this state. It was not until the Kail of tile following year, however, that the first of the celebrated cases, the 11-7 case, involving Puter, McKinley, et al.. was tried. Upon reaching Portland, Heney made a thorough study of the situation, in this state and the extent to which the lnnd frauds had been carried on. For that reason he became suspicious of Hall when the District Attorney proposed that the -4-1 case be substituted in the order of trial for the 11-7 case. Heney surmised at once that the .24-1 case was not as strong a one for the Government as that of the 11-7 and refused to be trapped. Failure of the Government to maintain its first case Heney knew would be dis couraging nd Influence subsequent pros ecutions. He insisted that the stronger rase be tried first and would not consent' to have the 11-7 case sidetracked for another case in which the chances of the Government for securing a conviction' were not good. Even when the 11-7 case finally was brought to trial in the Fall of 190, Heney continued to occupy a subordinate position as assistant to Hall until the latter had completed selecting tho Jury and became involved in a legal controversy with Martin L. Pipes, of counsel for the de fendants, as to the scope of the alleged conspiracy. Judge Pipes had gotten the better of the Government's representative and might have carried the day but for the fact that Heney Jumped to his feet, fresh from the knowledge he had gained by reason of his connection with the Hyde-Benson conspiracy case in Cali fornia, and in a short time hod refuted the argument presented by the defense. The court sided with Heney and from that moment forward he assumed the active conduct of the prosecution. On December 31 of that year Hall was removed summarily by the President and Heney took charge of that office pending the appointment of W. C. Bristol. Karly In January, 1906, Heney convened a grand Jury and probed into the land situation in this state, with the result that indict ments were returned against Senator Mitchell. Congressmen 'Williamson and Hermann. Franklin Pierre Mays, ex-District Attorney John H. Hall and a score of less prominent citizens. Heney proceeded at once with the trial of Senator Mitchell and Congressman "Williamson, both of whom were con victed. He returned to this city at a later date and convicted Mays and Hall and numerous of the other defendants. After convicting Hall last January, Heney re turned to San Francisco to resume the prosecution of the graft cases in that city, surrendering the prosecution of tho untried land-fraud cases to Tracy C. Becker. Special Assistant to the Attorney General, who was assigned to relieve Heney. Marine News of Tacoina. TACOMA. Nov. 13. The American Hawaiian -liner Arizonan left port this morning, after taking general freight for the Hawaiian Islands. The Arizonan will proceed to the islands via San Fran cisco. The steamer Inverlc, of the "Water-house-Welr Oriental service, will leave port tomorrow for Seattle to complete her cargo for the Orient. The British ship Latimer will resume loading grain tomorrow and ' will be ready to leave port the first of the week. The schooners Endeavor and Balboa have left port with lumber cargoes for California. Vessels for Pacific Trade. VICTORIA, B. C, Nov. 13. Eighteen months from now the Empress of Ire land and Empress of Britain will start for Victoria, to be operated in the trans pacific trade, while two faster and larger Empresses will be placed In service In the Atlantic trade between Liverpool and Montreal. The contracts for the two liners have been let and seemingly authentic information is to the effect that they are already on the stocks at a Clyde shipyard, presumably the Fair field Shipbuilding tt .Engineering Com- LAND-FRAUD AND GRAFT CHARACTERISTIC SMILE pany. They will be 50 feet longer than the Kmpress of Ireland and Empress cf. Britain, which are 570 feet long. MORGAN FINDS HIS BULLET "Ball That Almost Killed Father" Was in Vest Pocket. NEW YORK, Nov. 13. If the recovery of Postmaster Edward W. Morgan, who was shot last Monday by Brio P. Mackey continues, he will be at his desk tho first week in December In time to supervise the handling of the enormous Christmas mail. Mr. Morgan was feeling so well yester day that ho asked if the bullet which wounded him had been found. When told it had not, he examined his over coat, thinking it had lodged in the lining after passing through his side, but it was not there. "Well, it -must be somewhere. Bring me the rest of my clothing," said Mr. Morgan. His coat and vest were brought and after some minutes the postmaster fished a battered piece of lead out of a lower vest pocket. Hold ing It up, he said to hte wife: "You've heard of the 'Blow that almost killed father, my dear? Well, here's the ball that almost killed father." RESIGN AT CITIZENS' CALL Schenectady Officials Accused ol Grafting in Supplies pales. SCHENECTADY. N. Y.. Nov. 13. Members of the Schenectady Board of Supervisors tendered their resignations last -night at the- request of a citizens' committee which alleged that the men had sold supplies to the county, making out the bills in the names of other per sons, and that extravagant bills had been paid without Question. Other members of the Board are expected to resign today. Those who have resigned are Andrew C. Bace, E. H. Gobinson, Myron Jackus and Aaron H. Huffman, representing city wards, and A. H. Caoy of the town of Rotterdam. Charles N. Vanderburg, County Su perintendent of construction and repairs, has resigned at the request of the com mittee. All the retiring officials declare they welcome the closest scrutiny of their official acts. Has Beet Weighing C 2 Pounds. MONTESANO, Wash., Nov. 13. (Spe cial.) Willard Turner, a Wishkah Val ley rancher, claims the championship as a beetraiser. He exhibited a beet of the mangelwurzel variety a few davs ago weighing 22 pounds. The beet has been put in cold storage and will be used for an exhibit at the A.-Y.-P. Exposition next year. J CHRONOI-OGY OF HENEY'S UFE FrancI J. Heney was born at Lima. X. Y.. March 17, 1S59. "Waa educated In the public i BtrhoolB, afterwards attending:, the University of California 1S79-80. Expelled from University of Cali fornia for fighting In 1S80, he -went to Idaho, taught .school at Silver City, mined at Silver City, Wood River and Challis. Tried first murder case while at Challis. though not admitted to bar. Returned to San Francisco in 1SS1, studied at Hastings Law School and admitted to bar In 18S3. Engaged in cattle business in. Ari xona and fought Apaches, 18S5-9. Practised law at Tucson, . Aria., 18n-3 and took prominent part in litigation by which titles under Mexican land grants in Arizona were settled and in argument of three land-srant cases ' before United States Supreme Court. Fought Republican machine in Arizona while practicing law there. Conducted divorce suit for Mrs. J. C. Hajidy. Jn defiance of Dr. Handy 's threats and killed Handy when latter attacked him on Tucson street. Attorney"- General of Arizona 1893-4. Removed to San .Francisco In 1893 and continued legal practice. ent to Oregon in 1904 as special assistant to United States Attorney General Knox to conduct land-fraud prosecutions at request of President to San Francisco In 1906 to assist District Attorney Lang don In prosecuting municipal craft cases. Came to Portland. In January, 1908. to prosecute conspiracy charge against ex-United tatea Attorney John Hall. At close of Hall trial returned to San Francisco to resume graft prose cutions. Returned to Oregon in April, 1908, and made charges ajcainst Senator Fulton in several speeches during : ! primary campaign against Fulton' nomination for Senator. inrRirvp isird n'M ruef Gems Attempted Assassination Cli max of Bitter War on Bribery. WHY HE PROSECUTES RUEF After Pleading Guilty and Promis ing to Turn State's Evidence, Ex-Boss Recants Bitter Con test at Judicial Election. . SAX FRANCISCO. Nov. 13 After pros ecuting the Oregon land fraud cases In Portland. Francis J. Heney was called to San Francisco to prosecute ex-Mayor Schmltz, Abraham Ruef and other men charged -with graft and bribery. Bacsea by Rudolph Spreckels. who advanced large sums of money to carry on the work. Mr. Heney was appointed Assist ant District Attorney by District Attorney Langdon and immediately plunged mio the work of exposing the bribery and corruption among city officials. Abraham Ttnef wm at that time Mayor Schmitz' legal adviser end, though holding no poli tical office, waa generally recognizea as being all-Dowerful In municipal pontics. Through his absolute control of the boodle Board of Supervisors, Ruef caused them to remove Mr. Liangdon as District Attorney nnd nnoint him (Ruef) in his place. This move was blocked by the court and Mr. Langdon and Mr. Heney. assisted by William J. Burns, formerly of the ITnted States Secret Service, went ahead with their work. Grafters Confess, Ruef Guilty. Mr. Burns and his men had been mak ing secret investigations and had secured confessions of bribery from all except two of the Board of Supervisors. These con fessions implicated not only Schmltz and Ruef, out also the head officials of the United Railroads Company, the Pacific States Telephone Company, the Home Telephone Company, the Gas & Electric Company and other corporations seeking public franchises. A special gTand jury was called and indictments were found against Ruef and Schmitz and many men prominent in San Francisco nnanciai ana social circles. Rucf. who was released on bail after his Indictment, was at first defiant, but at last became alarmed and attempted to flee. After several days he was located in a roadhouse a short distance from San Francisco and was again taken into cus tody. He was placed on trial on a charge of extortion in having demanded and re ceived a large sum of money from French restaurant proprietors who wanted to retain their liquor licenses. Mr. Heney entered upon the trial with great energy and finally Ruef broke down in court and pleaded guilty to the charge of ex tortlon. He had been Indicted on 113 counts, but was promised immunity on all the charges except the one to which he pleaded gtrilty, provided he testified to the truth in the other trials. Appeal Conrt Clears Schmitz. Then came the trial of Schmitz, also charged with extortion, and Ruef testi fied that he had divided the money ob talned from the restaurantkeepers with Schmitz. Schmltz was convicted and was sentenced to five years in prison. He appealed to a higher court and the Ap pellate Court reversed Judge Dunne's decision on the ground that the indict ment was defective in that it had neg lected to state that Schmitz was Mayor of San Francisco. The Supreme Court reaffirmed this decision and Schmitz Is now out on bail awaiting trial on other charges. In tho meantime. Louis Glass, vice president of the Pacific States Telephone Company, had been convicted of bribe giving and Tirey L. Ford, vice-president of the United Railroads, was tried. " It was expected that Reuf would testify against him and this expectation con tinued to the last moment, but to every body's surprise, he was not called. It was generally supposed that Ruef had fallen under the Influence of the defense and could not be depended upon to give the evidence which he had already given before the grand Jury. The Jury dls agreed at the first trial and at the second trial Ford was acquitted. Rnef Forfeits Immunity. The Appellate Court's decision In the Schmltz case having been given while the Ford case was pending, Ruef became defiant and refused to testify. Thereupon the immunity contract which he had ob tained from the prosecution was declared void and he was tried on another charge. At this trial the Jury disagreed and it was during the retrial of this case that Mr. Heney was shot. During the second trial of Ruef a man named Blake was arrested for attempt ing to bribe one of the Jurymen. H was convicted and stated in court that his attorneys had told him that Ruef would pay him $10,000 if he would serve his term in the penitentiary and not con fess. . Victory for Prosecution. Mr. Heney, through his aggressive manner in court and his relentless pros ecution of those charged with corruption. has made many enemies. He realized that he might be attacked at any time and went about the city under guard. So acute was the feeling in San Fran cisco over the graft cases that at the last election the election of President caused comparatively little interest here. Four Superior Judges were to be elected and the interest was centered on the con test between Frank H. Dunne, in whose court Rucf and Schmitz had been tried, and Judge Carroll Cook, who, it was al leged by the supporters of the prose cution, was favorable to the defense. Judge Dunne waa elected, receiving the third highest vote, and Judge Cook was defeated. Dynamite for Gallagher. During the third trial last Spring of Ford, on one of the 14 indictments re turned against him charging bribery, the home of James L. Gallagher, the prosecution's star witness in all the graft cases, was dynamited In Oakland. The house was badly wrecked and Galla gher and his family and some friends who were there at the time had narrow escapes. A few weeks later two other houses in Oakland, of which Gallagher was part owner, were also blown up. Two Greeks, John and Peter Claudianes, were arrested and are now awaiting trial in Oakland. One of them made a statement to District Attorney Langdon and Special Agent Burns that he had been paid - to do the deed. Mr. Heney stated at the time that he believed Gal lagher's life was in danger and the ex Supervisor and leader of the Doodling Board moved from Oakland , to San Francisco and took up his quarters at the St. Francis Hotel. Since that time he has seldom appeared without a body guard. Wants to Adopt Own Child. Mrs. Anna IS. Hudson has 'filed a petition-in th County; Court-to adopt CONVICTIONS HBVET SECURED. Senator J. II. Mitchell, receiving compensation for service before a department while a United States Senator; sentenced to six months in county jail and fined $1000; dead. Congressman J. N. Williamson, conspiracy to suborn perjury ; sen tenced to 10 months In county jail and fined $500; new trial granted. F. A. D- Puter, conspiracy ; sen tenced to two years In county jail and fined $7500; served portion of sentence and pardoned by president. Horace G- McKinley, .conspiracy; sentenced to two years In county Jail and fined $7500; serving sen tence. Dan "W. Tarpley, conspiracy; not sentenced. Emma L. 'Watson, conspiracy; not sentenced. Dr. Van Gesner, conspiracy to suborn perjury ; sentenced to five montha in Jail and fined $1000; served sentenc and paid fine. Marion R. Biggs, conspiracy to suborn perjury ; sentenced to 10 months in . County Jail and fined $500; served sentence. Willard N. Jones, conspiracy; sen tenced to one year at McNeil's Island and fined $2000; pending be fore United States Supreme Court on writ of certiorari. Thaddeus S. Potter, conspiracy; sentenced to six months In County Jail and fined $Ti00; pending befo United States Supreme Court on writ of certiorari. Henry W. Miller, conspiracy to suborn perjury ; sentenced to one year at McNeil's Island; served sen tence. Frank E. Kincart, conspiracy to suborn perjury; sentenced to one year at McNeil's Island; served sen tence. Charles Nickell, conspiracy to suborn perjury ; sentenced to 13 months at McNeil's Island; appli cation for rehearing pending. Charles A. "Watson, perjury ; sen tence suspended. C. B. Zachary, perjury; not sen tenced. Martin G. Hoge, conspiracy to suborn perjury; sentenced to four months in County Jail and fined $500; served sentence. Hamilton H. Hendricks, suborna tion of perjury; not sentenced. Franklin Pierce Mays, conspiracy; sentenced to four months In County Jail and fined $10,000; on appeal. George Sorenson, conspiracy; not sentenced. ' John H. Hall, conspiracy, not sen tenced. In this case W. W. Steiwer. H. H. Hendricks and C. B. Zachary were indicted jointly with Hall: At the beginning of the trial all three pleaded guilty and testified for the Government. They have not been sentenced. her own daughter, Lulu Fern Hudson, who ia 7 years old. Mrs. James Martell adopted the child three years ago, when Mrs. Hudson's life was de spaired of. That was in 1905. Mrs. Hudson, who is a widow, went to Utah to regain her health. Mrs. Hudson re covered, but Mrs. Martell died. Mr. Martell has consented to the adoption of the child by its own mother. DAILY CITY STATISTICS Articles of Incorporation. LITHIC MANUFACTURING COMPANY Incorporators. M. C. Reed, P. L. Masters and C. O. Buyer; capitalization, $50,000. BUILDING INVESTMENT COMPANY In corporators. Frank K. Watkins. Kdwln P. Clay and John T. "WhaHey; capitalization, 126,000. . Marriage Licenses. TOWNSEND-DOANB Vester E. Town send. 23, Greaham; Mamie Lillian Doane, 19. city. MEBESINO-RATHJEN Eugene C. Mebe lno. 28, city: Freida M- Rathjen, 21, city. KACOURBS-BBADLEI John Kacoures, 30, city; Mrs. Kat Bradley, 20, city. Wedding and visiting cards. W. G. Smith & Co., Washington bide., 4th and Wash. Max M. Smith, florist, 150 Fifth sL, opp. Meier & Frank. M. 7215. Shriners Go to Ashland. Two chartered standard sleepers were on the tracks at the Union Station early last night, ready to accommodate members of Al Kader Temple, Nobles of the Ms-stic Shrine, who left on the 1:31 A. M. train, bound for Ashland. J. G. Mack,- potentate of the Portland tem ple, accompanied by the Arab Patrol as escort, and the officers of Al Kader Temple, is to institute a new temple of the order, Noble Mack having been deputized by the imperial potentate to act in his stead in the ceremonies. The special cars will return with the ex cursionists tomorrow night Fast Indoor Baseball Game. In one of the fastest games of indoor baseball played this season the Good year's Gold Seals defeated Helser and Undine's team by a score of 10 to 5. The score was 6 to 5 at the end of the ninth inning but in the first half of the tenth the Gold eals by bunching their hits scored five runs while the Helser and Undines were unable to score. The bat teriesGold Seals. Fordney and Bauer; Helser and Undine, Crosby and Myers. Games can be arranged with the Gold Seal team by addressing manager of Gold Seal Indoor . Baseball Club, care Goodyear Rubber Company, city. Wheaton Goes Back to Half. NEW HAVEN, Conn., Nov. 13. The general strategy board in Yale football had a long session today and it is understood Wheaton will be at left halfback in the Princeton game to morrow. He is needed for his drop kicking. The team went to New York on a late afternoon train. French Exports Decrease. PARIS. Nov. 13. French exports for the first ten months in 1908 decreased as com pared with the same period of 199T, by J60.277.40O. The loss was chiefly in the American trade. THERE WILL BE NO INDIGESTION OR UPSET-' STOMAGH Begin Today to Eat Your Favorite Food Without Fear of Distress in Stomach. Yon can eat anything your stomach craves without fear of a case of indi gestion or dyspepsia, or that your food will ferment or sour on your stomach if you will take Dlapepsln after eating. Yonr meals will - tasie good, ana anything you eat will be digested: nothing can ferment or turn into acid or poison or stomach gas, which causes Belching. Dizziness, a feeling of fullness after eating. Nausea, Indiges tion (like a lump of lead in stomach). Biliousness, Heartburn, Water Brash. Pain in Stomach, and Intestines or out er symptoms. WOUND TO HENEY SHOCKS PORTLAND News of Attempted Murder Causes Profound Sen sation. STAMPEDE TO GET NEWS Man Wio Prosecuted Land Thieves Sfoved by Sense of Justice He Showed Mercy and Recom mends Potter's Pardon. Not since the day when the telegrarh from Buffalo flashed the news that Presi dent McKinley had been the target of an assassin's bullet have the people of Port land been more profoundly shocked than when the news of the attempted assassin ation of Francis J. Heney was received last night. The Kvening Telegram ex tra appeared on the streets just at an hour when they were crowded with home-going shoppers and when business men had finished their labors of the day. VHeney assassinated," cried the news boys, for this was the first intimation that this atrocious thing had been done. Men and women paused in their hurried homeward march. paused until fully , comprehending the terrible news, and then there was a rush to get the paper. Mr. Heney was so well known in Port land that the news could not have been less shocking had the attempted mur der taken place here. Stout-hearted men read the brief account first printed and on all sides could be heard expressions of deep regret and a hope that after a!l the life of the noted prosecutor would; be spared. To the majority of those whi read the startling news. Mr. Heney wa known only through his prosecution ot the Oregon land frauds and of the grafters in San Francisco, yet he waa very much alive to them all, and it seemed as if every one who read, or was told of the attempted assassination, fel he had suffered a personal loss. Joy That He Will Recover. In just IS minutes after the shot was fired by Haas, the news was flasher! through the city. The later editions to!4 that Mr. Heney still lived and had' a chance of recovery. This news was in deed welcome, for thousands of men men in all walks of life, remained dowri town, waiting to learn whether Haas" bullet had been fatal. While laboring to drive out of Oregon the men who had schemed to rob tha state and Government of its timber lands, Mr. Heney had made many fast friends and at the same time he made enemies among the friends of those caught in his dragnet. By a few of these enemies the news of the attempted assassination of Mr. Heney was received with ill concealed satisfaction. There was no expression of regret from these few. or even words of condemnation of the das tard who sought to take Heney's life. T. B. Neuhausen. who is a close per sonal friend of Mr. Heney, and who was with him through all of the Oregon land fraud prosecutions, and Tracey C. Becker, who has taken Mr. Heney's place aa sp'ecial prosecutor, were ready to leave last night for San Francisco had Mr. Heney's wound . been fatal. Judge Becker may go anyway, for lie has formed a great attachment for Mr. Heney. In speaking of Mr. Heney last night, Mr. Neuhausen said: Heney's Strong Characteristics. Mr Heney's strongest characteristics as a prosecutor were his profound knowl"dK of human nature, his absolute fearlessness, an ab;dlng faith In the sense of Justice or the average American citizen and a won derful facility for marshaling the facts In a criminal case In logical and convincing sequence. He never failed to detect a f,r varicatintr witness and he knew how to display his opinion of such an one in a manner that was Inimitable. Although not a student of elocution, he understood 'aow to, wield with tremendous force tha natural eloquence with which he was gifted. Strange as It may seem, after convicting a man he rarely seemed to care what meas ure of punishment was meted out to him. Many persons have believed that Mr. Heney was vindictive and desired to perscculn rather than to prosecute, and in certain cir cles that expression was used as a "catch phrase." but those who were ciosely asso ciated with him and who were famlli.tr with Ms make-up know that he was fre quently very generous toward those whose conviction was attributable to his efforts. Air. Heney's principal object In the Oregon land fraud prosecutions was to secure the de terrent effect that a conviction of promi nent offenders would ensure and It was this motive that led him to pay little attention to the cases of individual settlers and small homesteaders who were perhaps guilty or pome technical violations and whose punish ment would not have deterred hundreds of others from committing like offences. Admires loyalty. Is Merciful. That he appreciated loyalty ws shown by the admiration which ho frequently ex pressed for the manner iti which Colt.nel Iavld M. Dunne stood by John H. Mitchell when the oid Senator was "down and out" and when he needed the sympathy and as sistance of a few ol the men that he had befriended in his palmy days. That Mr. Heney did not glory in triumphing over the feelings of those whom he had brought to the bar of Justice was shown when he. out of consideration for the feelings of a sorrow stricken wife, declined personally to apjtoar In tho courtroom and ask for the sentence of Martin G. Hoge in the Miller-Klncart case. When he recently received the news that Thad S. Pother was dangerously ill and tnut imprisonment would undoubtedly shorten the man's life. Mr. Heney was one of tho first to indorse the movement In favor of pardoning Potter. Numerous other Instances could be cited to prove that Francis J. Heney Is not only a great prosecutor but an intelligent student of human nature and a considerate and generous adminlutrator of the law. San Pedro Shipping Notes. SAN PEDRO, Nov. 13. The steamer Shasta arrived this morning from Bel lingham with lumber. The steamer Tahoe arrived from Grays Harbor with lumber. MISERY FROM Headaches from the stomach are ab solutely unknown where this effective remedy is used. Dlapepsln really does all the work of a healthy stomach. It digests your meals when your stom ach can't- Each triangule will digest all the food you can eat fijid leave nothing to ferment or sour. Get a large 60-cent case of Pape's Diapepsin from your druggist and start taking today and by tomorrow you will actually brag about your healthy, strong stomach, for you then can eat anything and everything you want without the slightest discomfort or misery, .and every particle of im purity and gas that is in your stomach and intestines Is going to be carried away without the use of laxatives or any other assistance.