Morning Oregonian. (Portland, Or.) 1861-1937, November 18, 1908, Page 5, Image 5

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Court Takes Stern Action
Against Delay of
Ruef s Trial.
Grafter's Lawyers Allege Prejudice,
but Prosecution Offers Battery
of Affidavits Denying It and
Trial Will Continue.
SAX KRANC1S'0. Nov. 1: The
trial of Abraham Kuef. Interrupted by
the hootlnfc of Assistant Dintrlct At
torney Franrls J. Heney in the court
room, will be reume.l at o'clock to
morrow mornln it was halted
last Friday afternoon by the bullet of
the awa.-i.ln. Jiulffe William P. Lawlor
todav denied the application of counsel
for Ruef for a change of venue to some
other city or town in the state: denied
also in quirk succession the motions
" for a continuance of thirty days until
public feellnn subsided, for the dis
missal of the Jury and the empanel
ment of a new one. and finally ruled
aicalnst the defence on the request
made to' Interrogate the trial twelve
s to whether any of them was pre
judiced attain!" t the defence as a re
sult of the tragedy In the courtroom.
All Obstacles Brushed Aside.
Brushinft aside all motions and
technicalities Interposed by the de
fence, the court announced that the
trial would proceed tomorrow- morn
inir and that it would countenance no
further delays.
The action of the court followed the
ltlinir of 37 countcr-af flilavlts by the
prosecution which in Keneral terms
denied many of the allegations made
liy Ruef and his rounscl in their affi
davits yesterday In support of their
application for a change of venue and
set forth that no excitement or tur
hulance prevailed: that neither Ruef
nor his attorneys were threatened
with violence or their lives endan
gered, and. finally, that no condition
existed that would prevent the de
fendant from having a fair and im
partial trial.
Trying to Prove Prejudice.
For an hour this afternoon there
was an echo of the maasmectlng at
Dreamland rink Saturday nifrht, as
Henry Ach. chief counsel for Ruef,
read an affidavit tflvinn a steno
graphic report of the speeches made
there and the courtroom rang with
the eulogies of the stricken prose
cutor. Hiram Johnson and Matthew L
Sullivan interrupted the reading of the
affidavit repeatedly with objections
to its admissibility, but the court
ruled for the defense. Then followed
affidavits from K. E. Kirke, an at
torney, and William K. Murphy, a
contractor, averring that certain min
isters of the gospel had indulged in
incendiary and inflammatory address
es from the pulpit and that there was
much talk about the city that "Ruef
ought to be hanged."
A supplementary affidavit by Ruef
was filed by his counsel over the
strong objections of the prosecution.
In which he cited some newspaper ar
ticles denunciatory of the defendant
and his counsel, which asserted "Ach
has clogged the wheels of Justice for
Ruef with a wagon load of affidavits:'
set forth the ejection from the court
room yesterday of J. D. Cook, asso
ciated with the defense, and charged
that the courtroom was daily filled
with the "personal enemies" of the af
fiant, wbtle his friends, messengers
and even attorney? associated with his
defense were denied admittance
Hiram Jonnson. In objecting, de
clared that. If the defense was allowed
to file more affiduvits. the trial would
"degenerate into battle of affidavits."
He was overruled.
"o Cxcuse for Belay. .
Mr. Ach then a.cked for permission
to put on witnesses and Introduce oral
testimony in supj-ort of his applica
tion for a change of venue.
Denied," sold the court.
"Counsel for the defense asks tintll
tomorrow to file further affidavits,"
said Mr. Ach.
"Denied." ruled the court.
Judge Lawlor then announced In a
lengthy decision hi denial of the ap
plication for a change of venue. He
said that the apprehension which court
naturally felt after FTlday"s tragedy in
the courtroom, wr.ich was well calcu
lated to arouse tho resentment of the
lomunity. had not been realised and
that he had seen nothing to indicate
any threatened violence, excitement or
turbulence or that the defendant and
his attorneys wer In any danger, and
that nothing prejudicial to the defend
ant had come to the attention of the
Dilatory Motion Denied.
"Counsel for the defendant moves the
court for a continuance of SO days In
the trial, until the feelings of the pub
lic has somewhat subsided." said Mr.
"Denied." the reply of the court.
'Then counsel makes a motion that the
Jury be dismissed and a new Jury em
paneled to try the defendant, on the
ground that the present Jurors, knowing
that Mr. Heney was shot In the court
room, are prejudiced against the defend
ant, believing that he was In some man
ner connected with the crime."
"The motion Is denied."
"We make application to interrogate
the Jurors and ascertain whether they
have any prejudice against the defendant
sa a result of the shooting of the Assist
ant District Attorney." continued Mr.
"The application Is denied.
"We are ready to proceed with the
trial." announced the defendant's attor
ney, with considerable vim.
KJected for Cursing Kuef.
The only Incident of the day was the
ejection from the courtroom of R. A.
Adams before court convened this morn
ing. Adaxns had taken a seat dvectly
behind Ruef and was said to he cursing
and threatening him. Deputy Sheriff
Dead declared that he recognized Adams
as a man who had followed for some dis
tance yesterday the patrol wagon bring
ing Ruef to court.
Counsel for Ruef will resume the cross
examination of James L. Gallagher to
morrow morning.
Jurors Test Possibility of Cucealing
Pistol In t-hoe.
PAN FRANCISCO. Nov. 17. Coroner
Iceland began an investtg.'it ion today
into the facis connected with the sui
Irido of Morris Maat In the County Jail
on Saturday njgLt. The Dodjr ol U.iaj
waa brought Into tke Jury-room
laid on a slab. i ne ofnim"
iaia on a siao. j - :
which Haas killed himself waa placed
. V. I V. It wm min-
i Jln n ' ' " -.
i -i mrhlch tt WaS
in i .. e snufl uviu
. . . i r Ara-mrn ano
posea TO' nnve
Juror ran his hand down the leg of
juror ran ms ' ,.
dead man in the manner of a Pol'ce
h a n r1 In inn
oPH.a man in -"- -- - -
moa T--h and In
oiucer co"l-l",' . ,
. - i 4.. (ha nrrtn rfr
rase or. eacn j u .
ntnirk by the hand. Sergeant Burke
wm clowly questioned as to tne
m wswv whn found.
Bliiun VI Llir a"'-- -------
Some of the quesucno tm.
objected to by Nr. Webb, who repre
- rhiof Rieev. on the ground that
the foronrr had no right to conduct
an examination "' ;
Several other witnesses were exam
In the ertori to oomm n -.-formation
In regard to the tragedy.
til I ThnraHav
The inquest win s .
Funeral services over the remain
Haas will be conaucien uj .no .
order of Red Men tomorrow
...hw h the hodv will be cremated.
After Reaching Altitude of 10,000
Jr'cet. Inited Slates Is Blown
Back to Starting Point.
LOS AXGEI-RS. Nov. 17. The trans
continental balloon race, participated
In by the two big balloons. America and
I'nlted States, is off. It ended where
It started. The last one of the big
gasbags to return to this city after the
start on Sunday by the America and on
Monday by the United States, was tne
latter, which was brought in irom
Corona tonight in an automobile.
The I'nited States was the plaything
of unfavorable winds all last night, and
the occupants of the basket gave up
the struggle to get over the moun
tains at 10:31) oclock tins morning.
They descended at Corona, and In an
automobile the big bag was brought
to this city, arriving late tonight.
A telephone message this morning
from Merrill's ranch, two and a half
milts from Ontario, a point about 50
miles due eastward of this city, said
the United States started over the
ranch in a westerly direction at 9:30
last night,. Pilot Wild, in the balloon,
called to the ranchers to catch his
guide rope, which waa trailing on the
ground. The rope was secured and the
balloon anchored. Mr. Wild and his
assistant spent the night on the
ground at the ranch and this morning
started eastward again at 8:30. The
balloon crossed the summit of the San
Bernardino range at an altitude of
600J feet yesterday.
A dispatch from the aeronauts, re
ceived at 11:43 A. M., reads as follows:
"Bloomlngton, Cal., Nov. 17. Associated
Press, Los Angeles, Cal.: We have
passed around the valley In a circle of
about 12 miles four times during the
night. We have been 10,000 feet high, and
can get nothing but a wind blowing us
north. We cooked breakfast at 7:30 and
feel fine. We are keeping low to get the
easterly drift. 9 A. M. Nine sacks of sand
left at an altitude of 10O0 feet. "Wild and
The above message was dropped from
the balloon and picked up by W. C. Mc
Culley at Bloomlngton, fiO miles east of
Los Angeles.
Built Fire in Mine Shaft Suffocate
Before They Can Carry Out
t Their Designs.
H I RM I NTrH A M. Ala., Nov. 17. Fifty
Ftate convicts employed In the mines, at
Pratt City, formed a conspiracy last night
to sot mine No. 3 aflro and escape during
the confusion and as a result eight of
them were burned to death, one Is miss
ing and the other 41 are safely locked In
the stockade.
A pile of timbers lying in the manway
was ignited and the convicts honed that,
when attention had been attracted to the
flames, they could make their way
through the mine and escape by the main
entry. They had hoped to be able to
make their way ahead of the smoke and
fumes from the fire. In this they mis
calculated, for nine appear to have been
The others appeared to be meeting with
success, when the mine officials suspected
something. One employe saw the .flames
hurst out, and they came so suddenly and
In such volume that he was sure some
highly combustible matter had been used
in starting the fire. Guards were at once
placed and the 40 men were caught as
tliey came from the main entry.
Rescue work was then begun, for In
addition to the convicts, there were a
number of free laborers in the mine. All
appear to have got out safely except the
convicts near the source of the flames,
who were quickly suffocated.
In checking over the prison lists to
night only one man Is missing, and it fs
not known whether he perished or made
his escape. The fire did little damage.
Four Hurt, One Fatally, When Cat
Goes on W ild Hun Down Grade.
PL'NSMriK, Cal.. Nov. 17. Mrs. Eu
gene Orr was so severely injured that
recovery is improbable and three other
members of tne Orr family suffered
either broken bones or bruises when
the automobile In which the party was
traveling plunged off a bridge near
this place today and fell Into the shal
low wau-r of the Sacramento.
Mrs. Orr has not yet recovered con
sciousness and the doctors believe that
her injuries will be fatal, as she is
an elderly woman. Gale Orr. a sn of
Mrs. Kucene Orr. came out of the acci
dent with a broken leg. while his
brother. Harry, had four ribs broken.
Mrs. Harry trr was but slightly bruised
and is able to be about.
The party was coming to this place
from Gazelte. Shasta County, and was
close to Dunsmuir when the automo
bile became unmanageable on a grade,
dashed onto the bridge and plunged
into the river.
Eugene Confident of Securing
$50,000 for V. M. C. A. Building.
BTGEXB. Or., Nov. 17. (Special.) Ths
first half daVs work of soliciting for the
new SV0 Y. M. C. A. building for Eu
gene resulted In raisin This
amount was reported at luncheon today.
Several committes did not report at all.
The 17 committees feel that the full
amount will be raised by another seven
lays. and all are working hard toward
that end. .
Spreckels Urges Abolition of
of Tariff on Refined
Head of Federal Refining Company
Says Neither Trust "or His Own
Company Is In 'ced of
Tariff Protectlon-
-.. - . r-iiTvTnv 17 That the
1 1 1 - ' i i v'... - - " -
opinions that had been expressed by
Secretary of War Wright in favor of
free trade with the Philippines for
tobacco and sufrar are the views of
: .i . i . Toft iras thfl freelv
rirBiurin-cini . .
expressed belief among those present
in the ways ana means rarannuCT-ioui
of the House today at the hearing on
the sugar schedule of the tariff. Sec
retary Wright's familiarity with the
.i. .i i . V. 1 marlnn Anlatic ln-
Biiuauuu in "
Hiilar possessions leads to the belief
that he will dlsclORe Dome lnieresiins
facts when he appears before the com
mittee later.
Asked to Defer Action.
Krtwln F Atkins, of Boston, a large
sugar plantation owner In Cuba, told
the committee today that tne reciproc
ity treaty with Cuba by "Which Its
products enjoy a 20 per cent differ
ential In the sugar duties expires next
month. He produced two cablegrams
from Cuban sugar and tobacco grow
ers asking the committee to defer
action on these articles. Mr. Atkins
urged that the tariff on sugar be re
duced and that Cuba be given the ex
isting differential on this lower rate.
Representative Champ Clark of Mis
souri asked Mr. Atkins:
What is going to become of the
American beet sugar growers when Cuba
belongs to the United States?"
-That is the question," answered! Mr.
Atkins. "There is the most imminent
danger of this coming about."
'If you get the reduction in tanrc on
sugar that you seek," Mr. Clark asked.
"would there be any reduction to tne
Consumer's Benerit Half Cent.
"There would be a reduction In the
retail price of about one-half cent, I
should say," was the reply.
'How do you know that the sugar
trust won't grab up that half cent?"
"If they could. I would join them.
An advocate for the free entry of sugar
was Claus A. Spreckels, president of the
Federal Sugar Refining Company, an
Independent" concern of New York.
"I would be perfectly satisfied If you
should finally decide to agree upon free
trade," said Mr. Spreckels, who waa for
merly connected with the American
Sugar Refining Company, known as the
sugar trust, "in both raw and refined
sugar. I think we are entitled to a
moderate protection on refined sugar,
but would prefer absolute free trade to
the present scale, under which the sugar
trust is the principal beneficiary and en
abled to enact special privileges and con
ditions on sugars produced In Louisiana
and the Hawaiian Islands. It Is evident
that the country desires a revision of the
tariff and expects a reduction of duty
whenever It can be shown to be reason
able, feasible and advantageous.
Mr. Spreckels was interrogated Dy
Chairman Payne, of the committee, re
garding the effect of the free entry of
miliar. Mr. Spreckels said that his con
cern was compelled to buy Its sugar in
Java, Porto Rico and Cuba as the "Suffar
trust" had the output of Louisiana and
the Hawaiian Islands contracted for.
Spreckels Advocates Free Iilst.
Upon being questioned by other mem
bers of the committee he said the con
sumers would get the benefit or tne re
duction In the tariff.
Mr. Spreckels claimed that those sugar
manufacturers who were making sugar
at 24 cents per pound were not appear
ing before the committee to give Informa
tion about the cheapness or manuractur-
ng beet sugar. He said that 26 per cent
of the sugar-beets produced in this coun
try were raised by Asiatic labor. That
the American Sugar Kenning uompany or
hts own company, needed no tariff protec
tion, was asserted by Mr. Spreckels. He.
admitted that he had bought sugar lands
In Cuba as a speculation, hoping that the
Island would some time become an
nexed to the United States and that
as a result the value of those lands
would be doubled.
Sold Whisky, Sent to Prison.
KNOXVILLEL Tenn., Nov. 17. S. R. TV.
Farr. manager and part owner of the
Hotel Imperial was yesterday given a
sentence of six months In the workhouse
and a fine of 3on for selling whisky. The
Old People
it strengthens and vitalizes
VInol tones ud the digestive orrans.
aids assimilation, enriches the blood,
and rejuTenates eyerT organ in the
body. In this natural manner Yinol
replaces weakness with strength.
We are positive it will benefit every
old person who will give it a trial.
U It aoo't we will rex una tneir money.
Woodard, Clarke & Co., Druggists,
Only 91
Tomorrow and Friday nositi
last davs for discount on Bast
iiUs. XKm't fuiief to read Gam
vely the I
Side gaa I
"TAe Success Factory'
CMDUOOCU u owi icw roctss
per Ja. In lOil lots. Unstn,
txlosAT. C lassy. -A A or
write for
Sam pit's f J
r n W mi C W O Portland Trust SMt.
M-nmrw m - rm Third and Cal Att
Wind nor rain, ' nor cold,
can enter in when a man is
well-buttoned up to the chin.
Thi3 is really the only
practical style for a thoro
raincoat. ( W aterproof
shoes and one of our water
tight hats of course should
be part of the outfit.)
Other style raincoats, too,
and coats of every-hue.
We're making a great hue
and cry about our overcoat
stock this season it's the
best ever $10 to $30.
166-170 Third Street.
hotel was raided several weeks ago and
several men were arrested on the charge
of conducting a "Sociable Club." Louis
Evardo, steward of the club, was given
the same sentence imposed on Faxr.
Invested $90,000 and Only Have
$63.93 and Worthless Land
in Mexico to Show.
L.OS ANGELES. Nov. 17. That Br.
W. R. Price, president and general
manager of the Guerrero Develop
ment Company exercised hypnotic In
fluence over the Board ol Ulrectors
that has prevented It from discharg-
na- its duties In a manner to protect
the stockholders Is among the several
allegations of mismanagement con
tained In a complaint- filed In the Su
perior ' Court today by B. C. Halth
and other stockholders.
The stockholders demand an ac
counting, a receiver, and a tempor
ary injunction restraining the board
from taking any further part In the
management of the company prior to
the hearing in court.
It is recited that for three years
Dr. Price has been the leader or teach
er of a sect or cult known as the
New and Practical Psychology which
has for Its basis psychological or
hypnotic treatment, and that all the
directors as members of this society
have been under the intluence of Dr.
Price, with the result that they failed
to perform their duties In a manner
to safeguard the other stockholders.
Ail that the company has left to
show for $90,000 paid in. It is alleged,
is $63.93 accounted for and 6000 acres
of land In Mexico, unimproved and un
cultivated except for a rew banana
and cocoa plants and practically valueless.
Capers Suspends Order Against It
Pending Legislation.
WASHINGTON, Nov. 17. Commis
sioner Capers, of the Internal Revenue
Bureau, has suspended the regulations
of May 16 last prohibiting the use of for
tified wines In the manufacture or prep
aration of patent medicines or com
pounds. The California grape-growers opposed
this ruling on the ground that it unlaw
fully destroyed an Important market for
their wines. The Commissioner Insisted
that to allow manufacturers of medi
cines, etc., to substitute fortified wines,
which pay a tax of only 3 cents a gal-
At "V....jJ
Less than two weeks away, and
1- , i .U
wncmcr vuu u lo iuc
i "
U Wf f.uu JL JoVJLJu uamu or not It
v4-Sk v, will be wise to nrovide vourself
Jf - r ..."
witn one oi uuf
while choosing is at its best.
The superiority of those we sell
is conceded by everyone.
If you would join the ranks of
satisfied customers, have our
genial salesmen show them
no obligation to purchase.
$15 to $45
Ion, for spirits, which are taxed $1.10 a
gallon, would deprive the Government
of an Important source of revenue. The
suspension is based on the assumption
that Congress will settle the question.
It You Have a FTIend Afflicted With
Eczema, Tell the Druggist Abont It.
If you have a friend suffering from
eczema, tell us about it the next time
you are in the store.
Many eczema sufferers have tried so
many useless remedies and spent so
much money witu doctors that they
practically despair. If they only knew
of the simplest home cure for eczema!
It is nothing more than oil of winter
green compounded (as mixed in I. D. D.
Used with glycerine, thymol and
other healing Ingredients in liquid
form, this simple remedy penetrates
the pores of the skin, numbing and
killing the eczema germs while build
ing up the healthy tissue.
If you will suggest to your friend
afflicted with eczema to call, we shall
be glad to explain to any sufferer about
D. D. D. Prescription.
Woodard, Clarke & Co.. Skidmore
Drug Co.
These special agents endorse D. U.
P. Prescription: St. John Pharmacy
St. John; J. C. Wyatt Vancouver;
Howell & Jones. Oregon City.
I Sell Only Sample Shoes
They Are the Pick of the Shoe World
MEN jyL Pm
$2.50 $2.00
Sixth Floor
Sixth Floor
Take Elevator
:.LJ Kjj
xa s : .'Ran : j a i
0 i9
The Store With The Liberal Money -Back Policy
SAM E. WERTHEIMER, President and General Manager
We have them at
prices which ought
to appeal to the most
thrifty shopper. 500
Coats bought at a
sacrifice and sold for
less than cost of ma
terial. $20 and $25
Coats at
They are made of heavy Scotch Tweeds, Novelty
Mixtures, Plain Colored Cheviots, Fancy Worsteds
and Plain Colored Broadcloths. Fourteen different
models to select from; all new goods and made in the
very latest designs now in vogue. Must be seen to be
appreciated. See window display. As we said before,
$20 and $25 values. While they
last and they will go quickly at
this price WEDNESDAY
Lobster and' champagne for supper that's
hlKh jinks. Sawdust and near-eoffee for
breakfast that', hygiene. Between these
eminences, how.ver. toer.1 room tar
jaoma genuine UrUvg. Llf.
Being once asked whether he had resd
any of the books of a popular rovelist,
Thaokeray rejoined: ""Well, no. You see,
I am like a pastry cook. I hake tarts aud
I Mil 'em; but 1 .at brawl and butler. "
reg 102.01