Morning Oregonian. (Portland, Or.) 1861-1937, November 14, 1908, Page 5, Image 5

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    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
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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.