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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 5, 1908)
TIIE MORNIXG OREGONIAX, SATURDAY, DECEMBER 5, IPGS. MURDER COffiCT RELATED IfJ COURT Mrs. Rice Tells of Davis' Agreement to Kill Rus tin and Himself. HER EVIDENCE SUPPORTED rrocution Completes Case in Omaha Mnrtlor Trial and Defense' Impeaches Witnesses Who Cor roborate Woman's Story. OMAHA. Neb.. Dee. 4. Many sonsa tlonal situation In the trial of Charles B. Davis, the raiUall!t. who is charped with he murder of Dr. rrrderuk T. Kufftln. rewarded the immense tTOWd which packed Judce Sears- branch of the Criminal Court today. Interest centered in the evidence Riven by Mrs. AbbSe Rice and a reading of that given by Davis at the Coroner's inquest. Mrs. Rice took up roost of the forenoon with her story of how Rustin told her of the plot to have Davis kill him under promise that the physician would furnish Davis with a deadly poison with which to take his own life. Despite numerous urn vigorous objections by Mr. Gurley, the court permitted Mrs. Rice to recite her story and her voice was plainly heard all over the biff room. Much Corroborative Kilclence. The state offered a number of witnesses to corroborate the testimony of Mrs. Rice and to fix the time of the move ments of Rustin and Davis during the evenins; preceding the death of the former. The exhibits offered in evidence formed another Interestinff portion of the day's proceedings, after which the state rested. The defense quickly began the Introduc tion of witnesses to Impeach those who had testified as to the time Rustin and Davis were seen down town, and were employed on that line when evening ad journment was taken. Judge Scars an nounced that the usual Saturday reoss would not be taken tomorrow. Story of Murder Compact. Mrs. Rice said that Dr. Rustin told her that he had secured a man to kill him and that she would not have to do the deed. She told of Dr. Kustln "calling up a drug store to pet aconite on the afternoon be fore his death. She told of the vkit of Davis to the doctor's office during the afternoon. She told of her visit to the doctor's office at night during which Davis came. Meantime the doctor showed her a bottle of poison which he said lie waa preparing for Davis, who in exchange for It was to kill Dr. Rustin. During Davis' second visit to the of fice, but while he was temporarily ab sent from the room, witness said she tried to dissuade Dr. Rustin from dying, but he declared It must be that night. She said Dr. Rustin explained to her his plan of sending Davis to the vicinity of his home. 9!ie left the oftice after 9 o'clock that night, going to Mayor & Dillon's drugstore and later walking on Farnam street near Sixteenth, waiting for Dr. Rustin. She saw the latter upproacii, accompanied hy Davis, who boarded a westbound car. after which Dr. Rustin Joined her and they walked to Fortieth and Farnam streets. On the way Dr. Kustln told her his plans were all made. Davis Stood Waiting. Arriving at Fortieth and Farnam streets, she said she saw Davis standing on the sidewalk. Dr. Rustin here loft her for his home, which was near, and !ie shortly afterward took a car tor her boarding-house. Before leaving her Dr. Kustln told her to wait a little while and if she found that Davi would not follow he would return to her. She did as directed, taking the third car that came along. 8:ie went to Clara Oleason's place, at Twelfth and Douglas streets, where she lived, and telephoned twice to Dr. Rus tln's home, and was told that he was not st home. She arrived at the Uleasnn home about 20 minutes after midnight. After S o'clock next morning she called the Rustin home again, but did not learn of the shooting until sue read of It in the newspapers later. had been compelled by injunction to perform his public duty without cotn lensation, even drawing on his own purse for necessary expenses in one instance, the report denounces the men responsible. Deplorable Condition Found. Touching on conditions which have obtained in elections, the report says: "In addition to the testimony di rectly bearing tipon the crimes and misdemeanors for which true bills wore found, the grand Jury heard much testimony regarding the conduct of said primary election", and also general elections, and finds a deplorable condi tion of, affairs In certain wards, not creditable to the oificials who are charged by 'law with the conduct of elections and disgraceful to the city of Chicago, which has permitted such election frauds to go on almost un questioned until this time. "We find. a:iu so report, that nc con fidence can be placed in the reported rc.-uiis in favor of or against any can didate for a party nomination at the primcry election, and yet that election cost the taxpayers of Chicago fully J75.O0O. Kvcrjr Variety of Fraud.- "Fraudulent registration leading to fraudulent voting; repeating by pla toons of men who were voted first for one -party, then fcr the other party candidates at the same precinct; voting names of absentees, non-residents, in sane and dead men. accepting false af fidavits on behalf of tho disqualified voters known to the judge to be so; numerous - and flagrant perjuries by party voters to enable them to cast il legal votes." taking votes from non-resident voters without iiffldavlts in sup port of such votes;' fraudulently writ ing names on the poll books and put ting ballots ill the boxes to correspond; keeping upon the registers names of men who liad removed from the pre cincts and voting them: voting the same name more than once at the wma precinct; disfranchising voters by per mitting their names to be voted by others: marking ballots after the boxes were opened: handing voters ballots al ready marked for certain candidates; marking ballots for voters against their wishes and s putting ballots into the ballot box. intimidating voters and compelling them to vote for candidates contrary to their wishes; strangers ana police officers being permitted to nan die the ballots after the boxes were opened, so as to permit of fraudulent marking of ballots, were proven before, us and are by no means all, of the de vices which we have reason to believe were resorted to. No Honest Flection for Years. "From the facts coming to our knowledge we express serious doubt whether there has been any honest gen eral or city election in Chicago for years past. We report that, in our opinion, much of the fraudulent voting was done in puisuance of- general schemes of corruption, the nature, char u ter and extent of which we had not the time to fully develop." The reDort declares that the F.lection Commissioner should exercise greater care In the selection of election officials. In closing. It recommends a law making compulsory the services of voters as Judges and rlerks of election and that general election inspectors provided for bv law shall be men of character and standing, with police authority. FREIGHT RATES BECOME SMALLER Harriman Says That- Tariffs Diminish With Develop ment of Roads. ORIGINAL INVESTORS LOST BELIEVE BOSS A SUICIDE HANDWRITING AND I.ETTEH TO BE COMPARED. Iiend .Man Alleged to Have Vscd Dif ferent Style of Penmanship in Business Correspondence. DAVIS OXCE WAS MILLIONAIRE Went Broke at Bclliiiham in Panic or 1893. RELLJXGHAM. Dec. 4. Charles K. Davis, on trifl in Omaha for tiie murder of Dr. Rustin, was a pioneer business man and land speculator of Bellingham. snd in the boom days of lSJO was rated as a millionaire, owing large tracts of land in the then City of Fairhaven. now South Bellingham. He built extensively and owned several of the best business blocks In that portion of the city. In the panic of 1X'3, Davis "went broke" financially, physically and mentally. He decided that he would walk to Omaha snd had traveled several miles south ward, barefooted, when overtaken by friends and put under restraint. He re mained here for a year, crazed over his financial losses, but harmless, and left the city a physical atid mental wreck. Ills brother. Frederick Davis, now vice president of the First National Bank of Omaha, came to the 'const to straighten out his tangled affairs, but all he could save was the Davis block, at Fifteenth utreet and Harris avenue, which Is still owned by tho alleged murderer. HARNEY PROPERTY VALUES Assessment Roll for 1908 Makes Grand Total of $2,500,128. RCRNS. Or.. Dee. "4. (Special. Following is the assessed valuation for taxable purposes of all property in Harney County for 19l)!: 72..1SO acres tillable land S:t0.fl4 7.V..ST7 iK-re nen-til'.ahle Isnd l.OSti.4.10 Improvements on deeded land Ya'.ue ef town lot 'J.t. Improvement on town lots 76,o Improvements on nndeefled lands. . :t.!o.j Telephone and telegraph lines l''t.1!i Farming implements, etc S'J.K.S.'i Notes and accounts MO shares of st.x-k !. S7S Household furniture, etc l::..r70 Merchandise, etc 44.4O0 F.rirines. machinery, etc 1:t.7oO V."4 horses and muies 131.3.MI 44 441 rattle 444. 4. :o M.0rt3 sheep 11.IM R.'t9 nwine l.tM'i A dogs Total 2.5O0.4S SAX FRANCISCO, Dec. 4. Falling to discover a motive for -the murder of Henry J. Boas, the young electrician who died early yesterday from the effects of a poison believed to be strychnine, the po lice of San Francisco and San Jose, after a thorough investigation or ine aeaa man's antecedents, now incline to the be-' lief that he secured the poison and mailed it to himself at his office. According to this theory. Boas wrote the letter direct ing the use of the enclosed powders as a remedy for Indigestion and later, upon Its receipt, exhibited both letter and po"wJer to at least two of his friends. In some respects the police find It dif ficult to account for a suicidal motive on the part of Eoas. During his residence in San Jose he paid attention to Miss Annie Kelliher. a young 'Woman employed In the telephone exchange there. At his request they had maintained a corres pondence, and he had recently presented her with a pair of diamond earrings val ued at- JDO. but Miss Kelliher and her friends satisfied the officers that she knew little of his affairs and was unable to furnish any clew. Boas Is known to have been of almost exemplary habits and In disposition Is described as lighthearted and carefree. His tendency toward romance and other personal peculiarities are regarded by the police as of little Importance. One of his eccentricities was the adoption of the name of Boas, while his family patronymic is Bose. Another is said to have been a practice of using different forms of handwriting in his business affairs. The effort to locate a physician whose name might have been forged to the letter through the use of the unusual name of McH.iwer or McHower may lead 'the officers in a new direction if any such person is found to have had an ac quaintance with the dead man. The drugstores of this city were visited today by a special detail of detectives who are endeavoring to ascertain whether or not any purchase of strychnine had been made by any person who might be acquainted -with Boss. Before night spe cimens of the dead man's handwriting, together .with the letter he received, will be placed in the hands of the experts for comparison. BIG FRAUD IfJ ELECTION Continued frojn First fare.) fact that, although tho police were in the vicinity of every polling booth. :he Investigators received no aid from :hem In seeking to fasten responsibil ity for the conditions which prevailed. Referring to the fact that Frank J. Loesch. the special state's attorney ap sgiatad to conduct tha investigation. SAN" JOSE POLICE CONVINCED Believe Letter Containing' Poison Written by Boas. SAX Ji kSB. ' Cal.. Dec. 4. The pulice are practically convinced that Henry Boas himself wrote, the letter and pre pared the poison which killed him and that it is a case of suicide. Mrs. D. B. Petliles, who formerly resided at the Walker ' boarding-house, where Boas lived, stated today that the letter ac companying the poison betrays all the characteristics of Boas. She declared that she is confident he himself wrote the letter and that his death was suicide. This Is in line also with the facf tlat the handwriting In a letter written by Boas some time ago to William Meyer of this city greatly resembles that of the letter containing the poison. Wizard's Letter Reviews History ol Railroads Before . Mining Con gress and Says Transportation Business Is Uncertain. PITTSBURG, Dec. 4, Unable to be pres ent in person, B. H. Harriman forwarded a letter to the American Mining Congress today. Mr. Harriman says the mineral production of tho United States during the Tast year had an aesegjate value of more than 2.000,000,000 and the crude and manufactured mineral products of the country gave an aggregate tonnage of more than 623,000.000 tons: The letter continues: Tha products of the mines constitute the heaviest freleht and are charged the low.zt rate. This is because they are non- perishable and their quick delivery Is not urgent. Also as. a rule mine products are more constant in their urOSuclloa. ' Railroads Lost Capital. Many of the orlcinal Investors in rail roads lost a large part of their capital. The risk it greater than they thought. Bat while these Investors lost, the country profited. The early transcontinental rail roads and the llnea that were built after them have transported coal and other heavy mineral products for distances so great and at ratio so low as to be Inconsistent with economic management of the rallroada but for 4he fact that at tnose distant points those crude materials hd developed new Industries which have In turn been the means of Increasing traffic of a higher grade. In many parts of the country new terri tory Is being opened and Its development possible by the construction of railways. But even while this pioneer work Is still in progress In the lower part of tho coun try, the straggle on the part of the rail ways during the past few years has been and Is now to keep pace with the rapid growth and the rapidly Increasing needs for larger, faster and in every way more ample transportation facilities. Both the consumer and the producer of mineral productions are naturally Inter ested In any and every factor which enters Into the question of the cost of these mate rials. It la natural for the consumer lo think they cost too much; and he may di vide the responsibility of the supposed ex cessive cost between the miner and the railroad. The producer on the other hand. Is apt to lay the excessive cost at the door of the railroad. And there Is widely cir culated expressions that the railroads charge for transportation all that the traf fic will bear. It la equally true that they do not charge what the traffic will not tear. Eliminate Inequalities. I am not writing to make or deny any specific charges as to freight rales. I real ise the fart aa do you. that mequalltlea may sometimes get Into freight rates as weil as Into other forms of business; but these are being eliminated aa fast as the situation In each case la realized. The miner and the railroad have been the greatest advance agencies In building up the country. Let us cal your attention also to the fact that aa the country la developed and as the rallroada are developing, freight ratea bare been diminishing. Feople lie Ire Fairness. The people of this country deaire to be "fair; and they desire to see all Interests treated fairly. The Impression exists that the railroads are owned by m few rich men; and it is contended that because these men are rich they can stand a restriction to a small return on their Investment. But the fact Is that the railroads are not owned by a few rich men. The opinion that those who Invest their means In a railroad should not be per mitted to earn more than ' a "fair rate of interest" upon the cash value bf this prop erty and that 4 per cent la a "fair rate" of Interest and hence the maximum permissible Interest on auch Investment are Inconsist ent with the higher ra.tea of Interest from other kinds of investments. In 1900 the farmers of this country received the return of 9 per cent on the value of their farms in that year; the manufacturer enjoyed In the aama year a net return of 19 per cent, while the average net return upon railroad Investmenta was scarcely 4 per cent. Let ua not forget that we are just be ginning to realise the possibilities in this country's growth, and the transportation fa cilities should be such as to aid rather than retard this development. There are too many factors of uncertainty to permit our dealing In specific prophesies, nut the best statisticians of the country give the United States 0 years hence 1027) a population of 114.ft00.000 people and a yearly ce production at that time to be hauled by the railroads of about 1.300,000.000 tons. Arbitration was the theme at to night's ression. and President T. L Lewis, of the United Mine Workers of America, made the opening address. taking the stand that arbitration in which a third part or outsider had to be utilized was unsatisfactory and failed to bring about permanent settle ment, but that arbitration In which employer and employe got together and between themselves adjusted their dif ferences, had done more for the better ment of the mining industry than any other agency. The congress today adopted a resolu tion offered by H. H. Greg, of Missouri, opposing tho free Importation of rinc ores into tills country and urging a duty sufficiently high to protect Ameri can producers. There was a general discussion on conservation, the present waste and the prevention of accidents. G. W. Traer, a Chicago delegate, said that It had been his observation that English-speaking miners more often dis obeyed mine rules than did foreigners. Governor Dawson, of West Virginia, in a resolution, advocated more care in firing shots In the mine and the em ployment of experienced miners. Congressman W. F. Englebright. of Nevada City. Cal., made an address on "Regulating the Mining Industry." United States Senator Charles Dick, spoke on the relation of the to mining. He cited statistics showing that the death roll from mine accidents for the last 17 years was 22.840. of which probably half have been killed during the last six years. . AI.!. . Ol UllIU, DISCUSS HAMILTON'S LIFE This la Worth Beading. T.00 F. Jielinskl. of fiS Gibson street. Buffalo. N. Y.. says:, "I cured the most annoyinir cold sore I ever had with Btickl'-n's Arnica Salve. I applied this salve once a day for two days, when every trace of the sore was gone." Heals all sores. a Sold under guarantee ai axi aruguturea- Local Society of Son of Revolution Hold Smoker. At a smoker held in the convention hall of the Portland Commercial Club last night by the local society of the Sons of the American Revolution, the life and character of Alexander Hamil ton were reviewed in three papers of exceptional interest by School Superin tendent It. F. Robinson, Thomas J. Cleeton and Professor James F. Ewlng. Professor Robinson dealt with Hamil ton's career as a soldier and his part In the Revolution, and the preceding period. Mr. Cleeton gave a thoughtful Jsjialysls of Hamlltons character, to-JLple 69 cents and persimmons about C gether with a review of the part played by the great statesman in the forma tion of the Government. Professor Ewlng's paper covered the closing years of Hamilton's life and presented many interesting facts regarding the famous duel. Professor Ewlng pointed out many striking similarities in the personalities and careers of Hamilton and his per sonal and political enemy, Aaron Burr. The speaker declared that much of Hamilton's abuse of Burr was unjusti fied and thai the latter had ample rea son for demanding a restraction; that the idea that Burr was an assassin was absurd. The speaker -also pre sented, from the fact that the duel was at the time considered tan honorable method of adjusting difficulties ber tween gentlemen. At the conclusion of Professor Ew ing'a paper an informal reception was held. Light refreshments were served. RUEF'S TRIAL NEAR FINISH PROSECUTION CLOSES, DEFENSE MAY GIVE XO EA'IDENCE. Struggle of 14 Weeks Against Law's Tech n lea 1 i t ies 15 net's Admis sion of Guilt. SAN FRANCISCO. Dec. 4. With all the testimony for the elate before the jury, the prosecution rested its case late this afternoon in the third trial of Abraham Ruef, charged with offering a bribe to Supervisor John J. Furey to vote for the United Railroads' franchise in 1908. Coun sel for Ruef declined to make known until Monday morning, until which time the court adjourned, whether they would offer any testimony or submit the case without evidence, as was done in the previous trials. The case has been on trial for 14 weeks, ten weeks of wi-ileh time was consumed in getting a jury. The proceedings were marked by many caustic, verbal tilts between Henry Aon, chief counsel for Ruef, and Hiram John son, attorney for the prosecution, in which each applied to the court to com pel the other to "sit down." G. H. Umbsen, a prominent real estate dealer, who told of having engaged Ruef for a fee of J30.000 to eet a franchise from the Board of Supervisors for the Parkside Railway Company; Charles J. Haggerty, Ruef's office boy, who said he "did a little of everything" for his em ployer, recalled some of the incidents connected with the disaster In April, 19C. and told of a visit of Thornwell Mulally and Tirey U Ford, of the United Railroads, to Ruef, when the latter s of fice consisted of a kitchen and a bath room: "W. W. Sanderson, an attorney, and Joseph ,'F. Pohelm, an ex-Poltee Commissioner; A. Burns, an employe of the mint, and Paul Slnshelmer, a news paper reporter, gave their testimony to day. Mr. Sinsheimer testified to an interview he had with Ruef the day after Ruef pleaded guilty to tho charge of extortion. In which the former political bs stated that he would beat most of the indict ments returned against him, but thought possibly that the prosecution might get him on one or two. TAKES WABNING BY DEWEY EVANS DECLINES GIFT OF HOUSE AT TjOS ANGEIrES. Suggestion From Friend Meets With Emphatic Refusal From Old Sea-fighter. LOS ANGELES, Dec. 4. Rear-Admiral Robley D. Evans, retired, now on the lecture platform, does not desire the peo ple of Los Angeles or elsewhere to make him a present of a house or anything else, if such thing is contemplated. Having an eye on the history of events of this kind, he does not care to experi ence similar results in his own case. A letter from Admiral Evans to friends here says as much. After the Admiral's tentative accept ance of a position as chairman of the board of directors of the Los Angeles Harbor Company, to be actively occupied at the end of his present lecture engage ment, a friend here addressed a letter to the Admiral asking his views regarding the possible presentation of a residence by admiring friends in Los Angeles. In his response the Admiral declined the proposition fully and finally. IKETS BY LH-IAN" TINGLE. THE chilly days of the past week have had rather a discouraging effect upon the general appearance of the markets. Apples and oranges look cheery enough; but flesh, fish, fowl and most especially vegetables have a rather pinched and shivering air, as if they would really welcome the warm oven or the boiling pot. ' , Fh seemed not quite so plentiful nor so varied as usual, and in some cases the price tended to be slightly higher. The available kinds are: Columbia River smelt, SO to 75 cents; lobster, 35 cents; black bass, 20 cents; striped bass and shrimps, 20 cents; sturgeon, catnuh, sal mon croppies and tomcod 15 cents; hali but, 12V4 cents; flounder, silver smelt, perch and herring. 10 cents. Frog legs are 40 cents a dozen and mus sels 10 cents a pound. Crabs range in price from 12 to 30 cents each. There is a good display of dried and salted fish of various kinds, including some very nice fresh "Finnan haddle" at 26 cents a pound. Poultry prices are about the same as last week. There are nice fresh turkeys not cold-storage ones, at 30 cents a pound: and there are other kinds. Wild geese are about 75 cents each. The meat markets are usually at their best from now on until Christmas, and some very excellent joints of beef, veal, pork and lamb reward the shopper who knows what she wants and sees that she gets it. Pork is very good Just now; and the apples and chestnuts that combine so well with it are also at their best. This is the season of the year, too, when what are conveniently known as "other parts" tongue, kidneys, tripe, liver, heads and feet, are particularly In demand for savory luncheon or supper dishes, or for glorification as choice, en trees. Sausages both fresh and cured, domestic and imported are decidedly to the fore. Among the "specialties" sh6wn J on delicatessen counters are "goose-liver sausage with sardellen;" "imported frankfurters in ham-fat;" "soused pigs' feet loaf," as well as a seemingly endless variety of standard German and Italian sausages and combination meat loaves. Among the fruits were some remarkably-good grapes from 50 to 75 cents a box: apples of many names and every shade of red and yellow, costing from Jl lo 6 a box; oranges, big and little, all the way from 10 to 60 cents a dozen: grape-fruit 6 to 1214 cents ach4 pineap- - ,,iiiri"-"" ""- -- fiii-i , ' 0. i mi y ( w it"" Want MORE "-Oliver Twirt What's the Use of Eating, Anyway ? hat's the use of eating if the food fails to nourish? The ordinary raw oatmeal that is sold as "rolled oats" not only fails to nourish, but irritates the stomach and bowels. It's as different from H-O as sawdust is different from rice pudding. , H-O is steam-cooked under high temperature for three hours by a patent process. You get the "meat" of selected oats, without hulls or dirt, ready for the table after ten or fifteen minutes' boiling. Full of nutriment and easily digested. Ask your grocer for H-O. UN UliijillUlltiiBiUrisluiliilllia. TTY? r Jl I J- -y J I-. f.:' J i.u.i,;iiiiiiiic:ii!iiiiiiil;;!;:;iii-ae JAM. VU cents each. Strawberries were about 25 cents a box: huckleberfies 16 cents a pound and cranberries 10 and 15 cents a quart. . . , There were some very fine, large "pound" cooking pears excellent for "compote" or "stuffed pears" of various kinds at 4 ce,nts a pound. IVled fruit and nuts are, of course, a leading feature of the markets Just now. If you want to spend money In the vegetable market, the easiest way is to buy a quantity of mushrooms at $1 to J1.25 a pound. There are plenty of nice green vegetables peas, bins, lettuce, chicory, spinach, etc., at prices about the same as last week. Hot-house cucumbers are good at 25 cents each: and I saw. aome excellent newly arrived laree green peppers at 25 cents a pound. There is very nice heart celery In 16-cent bundles. Ordinary celery costs 10 and 15 cents a bunch and root celery 5 and 10 cents." I wonder why more people don't use cooked celery, as a vegetable or as the leading motive in an entree. I met a very successful salad the other day, com posed, I was told, of cooked celery stalks stuffed with cream cheese. Stuffed celery root has always been one of my favorite dishes. Best Butter SOc Roll . Good Butter 70c Roll Ranch Eggs, Doz. 35c CHICKENS 18c Lb. Oregon Honey lot1 New Alaska Herrinp. dozen 25C rw Norweprlnn HVrrlnsr. Mackerel, Salmon Be I Hen and - Mockflttb. COLUMBIA FISH CO. Phones Main Ri A tKKi. THIRD A.D AKEXY STREETS. Other available vegetables are fquash, cauliflower, egsplant. oyster-plant, arti chokes, cabbage, and the usual "soup vegetables." You Will Always Find A FINE M.T'I'I.Y OF ALL KINDS OF Poultry, Oysters and Fish AT G. Covach & Co. Phones Main 585, A 3.135 275 FIRST ST.. COR. JEFFERSON. my . ? wMj J w Yl I fl is the V'.''S Gh A Smile All the While expression of enjoyment of those only in good health. You have never seen an ailing person smile the. smile that means a smile. Cocoa irarcieiii.s builds up the tissues of brain and body and aids the young and old in the enjoyment of real health, besides it pleases and He.liVhts the oalate. -d 30 cups of a delicious drink WVTV ZDC. Ask the grocer.