. 4 ... i. - -' . ... Tr-T .vn nurnnv TTmnsniV. VFTiRTT AT1V 4. 1909. PRICE FIVE CENTS. VOL.. XL.VIII. XO. 15,03.1. tuinn, v,"".,, " ' SECRET 5E WAS QUALTROUGH PURSUIT OF WIFE FORGETS DETAILS OF HIS HOME LIFE STATEMENT 'LUCKY' BALDWIN VERY NEAR DEATH DRUNK OR TIRED? E MEASURE KILLED TO ACT WITH SIX OTHERS CAPTAIX SAYS HE WAS FA TIGUED, TOOK ONE DllIXK. XOTED TCTiFMAX SIXKIXG RAP IDLY AT HOME. APHASIA STRIKES DOWX CALI FORNIA YOUTH. . i i i ICE HASKELL INDICTED ANT ANYWHERE JDS MURDER Grand Jury Acts on Ok lahoma Frauds. SWINDLE WORKED ON INDIANS Bought. Lots at Half Price in Names of Dummies. CONSPIRACY IS CHARGED 'tmM of Person All Orer Country - Used to Scon re Lots signatures Forged 'When They Utilised to Sign Quitclaims. MUSKOGEE. Okla., Feb. . (Special.) The United States grand jury for the eastern district of Oklahoma turned into court here today three indictments in the SIuskoRf-e townsite land-fraud investiga tion and stated to United States District Judge Campbell that they would have no more such cases at present. One indict ment was against Charles N. Haskell, Clarence W. Turner and "Walter R. Eaton, the second was atrajnst William T. Hutchlngs and Clarence "W. Turner, and the third and last was against Albert Z. English. Frederick B. Severs and Jesse Hill. Each one of the.se. indictments first recites that the United States has always exercised official functions In the matter of protecting the Indian tribes -in the en - Joyment of land set apart for their use, supervising through the Interior Depart ment the selling of such land when this ks done under the law for such land, and slso taking care of the proceeds for the Indians, and then the act of March 1, l!U, is referred to. Got Title Throngh Dummies. This act provides for the selling of lots in townsites In the Muskogee, or Treek Nation, reservation, at auction to the highest bidders at not less than their appraised value. The act. however, contained a provision In favor of persona already In occupancy of land within townsites. In that it permitted such per sons to purchase not more than two lots at one-half of their appraised value. Under these circumstances. It is charged, the defendants, in violation of section 6W0 of the revised statutes of the United States, conspired so to manage matters by means of "dummies" that they finally would come into possession of any valu able lots in Muskogee ' at one-half of their appraised value. They would first schedule with the townsite commission the names of all the persons, they could think of in different parts of the United States, and so set the Government 'ma chinery in motion, which would finally result in the issue of patents in the names. While the machinery was grind ing, the defendants would secure quit claim deeds from these prospective pat entees. Having secured record title, the defendants would then hasten to dispose of the lots to innocent third parties. The result of all this is charged as a fraud upon -the United States and also upon the Creek Jsatlon. wards of the Gov ernment. Acts Done in Conspiracy. Overt acts to the number of 47 in the first indictment. 13 in the second and 92, In the third are set forth as having been committed by the different defendants In pursuance of the conspiracy. These overt acts consisted in the writing of letters, signing of deeds, and the making of pay ments and accepting stents from the Government. In cases where dummies refused to sign quitclaim deeds or de manded mojey, as was charged in the indictments, fosgery of deeds in their names was resorted to to complete the claims of title. Thomas P. Owen of Muskogee, attorney for Haskell, made promise of his appear ance Friday morning to give bond in the sum of $5000. Turner was first to give bond, in the sul of J10.000. Hutchlns and Eaton followed and gave a $500 bond each. All will probably be arraigned be fore Judge Campbell Friday morning. English is In Los Angeles, Cal. - Associates of Haskell. ' Eaton is a brother-in-law of Walter R. Richie of Lima. Ohio. He is the secre tary of the Indianola Contracting Com pany, of 'which Haskell is president anil which, it is alleged, scheduled the names of "dummies" to secure town lots. Hill came here from Texas and became iden tified with the Muskogee Deyelopment Company." ' - INQUIRY IS GROWING WIDER -Lots Frauds in Oklahoma to Re Thoroughly Probed. ;OGEE. Ok!a., Feb. 3. The Gov- lt sprang a surprise In the ugec town lots fraud investl- ion here today when it was an- ounced that the probing of the Grand Jury would be extended to in clude alleged frauds in scheduling "Indi vidual blocks." Many persons built tem porary fences around whole blocks of land and claimed ownership on the ground that these improvements secured deeds to Ihe property. It had been sup posed that the Investigation would not take in so wide a scope but would be confined to the securing illegally of town lots. Si Talks With Father as Stranger and Can Remember Xo Inci ' dents of Past. RIVERSIDE, Cal., Feb, 8. Florin G. T th vnunr student whose complete lapse of memory constitutes one of the most remarkable cases of the kind ever known, was brought to the home of his parents in Riverside last night, from Los Angeles. When Lee left the Los Angeles Jail in company with his father and other relatives, he said: "There is really no reason why I should go to Riverside; I do not know anyone there." 4 He did not recognize his father, and talked with him aa though he were an utter stranger. .He listened with interest to nls father's descriptions of scenes of Riverside, with which the young man bad been perfectly familiar since childnood. He appeared to have no recollection of them whatever. It Is thought-that a few weeks of rest among his relatives and friends, amid familiar scenes, may restore his memory. His condition Is ascribed to overwork. His mind is no way affected except in memory, and his manner is entirely ra tional. M'LOUGHLIN RELICS FOUND Workman Digging on Site of House Makes Valuable Find. OREGON CITY, Or., Feb. 3. (Special.) Valuable historical relics supposed to have belonged to Dr. John McLoughlln were found by workmen excavating here yesterday on the site of the old McLough lln home, which has been removed to make way for an office building for the Hawley Pulp & Paper Company. One of the workmen, Edward Surfus, in digging where the house formerly stood, brought to light an English shil ling of the date of 1801. bearing the name and profile of George III; a sliver dime of 1S36; several metal buttons of a fashion of long ago, and a copper and brass vase. An old sword, thought to have been car ried by Dr. McLoughlln, it was found had been used as a stove poker, by the family residing next door to the old McLough lln house for a long time. " These relics will be preserved, and if the house Is bought by the city and made a museum, as the plan is. they will be added to the collection of McLoughlln relics which it is hoped to form here. DUKE SECURES HIS BONUS Irish Court Decision Gives Manches ter $125,000 a Year. DUBLIN, Ireland, Feb. $. Special.) The Irish law courts, after many days, passed In Investigation, have, reached" a decision respecting the estate of the Duke of Manchester which puts 25,000 ($125,000) annually Into his pockets. It was Manchester who. In 1900, married Miss Helena Zimmerman, daughter of Eugene Zimmerman, of Cincinnati, O. " The Duke sold his estate to tenants under the act of 1903, which provides that when an estate Is Insolvent, the vendor, being a tenant for life, gets no bonus, but if the estate is solvent, the bonus goes to him. The courts have decided that, 'although a receiver had been ap pointed over the estate in the Interest of the creditors, it escaped insolvency by a few hundred pounds a year. G. N. EARNINGS FALL OFF Net Loss of 3 Per Cent Shown Over Last Year'a Income. ST. PAUL. Feb. 3. The serai-annual statement of the earnings and expendi tures of the Great Northern system for the six months ending December 31, 1908. shows a falling oft in the road's Income as compared with the same period last year. The net operating income for the last half of 1907 amounted to $12,858,712. while for the last half of 1908 the operat ing income was $12,492,100. showing a de crease of $366,612, or a net loss of 3 per cent. '', . The total operating expenses were cut $35,981,881, or about 17 per cent. FROSTdlTE MAY BE FATAL British Hunter Fighting Slow Death at Xew York Hotel.. NEW YORK, Feb. $. Hon. James Knivett Escourt Howard, of London, is" lying at the point of death, at the Waldorf-Astoria, the result of -an experience while . hunting in the i-oxen wilderness or British Columbia. r Physicians state that one of Howard's feet and several lingers will have to be amputated. Howard is" the only brother of the Earl of Suffolk, who married Miss Daisy Letter sister of Joseph Leiter, of Chi cago. SEVEN SHIPS ON PACIFIC Small Total of American Merchant men Is Deplored. NEW YORK. Feb. 3. The congress for the development of the merchant marine of the United States had for its princi pal speaker tonight Congressman J. D. McCleary of Minnesota, who declared the adoption of the proposed ship subsidy bill was the only solution of the question. ' Mr. McCleary said the Pacific Ocean should be a great American lake, but that today there are but seven ships in the merchant marine on that body of water now flying the American flag. House Votes It Down by Five Majority. TWO STATEMENT MEN TOR IT Two Unpledged Members Line Up With Opposition. BROOKE EXPLAINS BILL Brandon, Farrell and Dimick and Others Make Speeches in Opposi tion While Brady and Bean Address House In Its Favor. STATE CAPITOL Salem, Feb. 3. (Special.) After two hours' debate, the anti-statement bill, introduced by Representatives Brooke and Bean, failed to pass the House this afternoon by a vote of 27 to 32, one absent. With the exception of Brady and Richardson, the 25 Statement Repub lican members voted with the seven Democrats against the bill. The op position was further strengthened by Farrell and Leinenweber, unpledged Representatives. The other 25 anti Statement Republicans voted solidly for the bill which made it a misde meanor for any candidate for office to make a pre-election pledge, the per formance of which would be in viola tion of the state or Federal Constitu tions. ' "The bill was not drawn to subvert the will of the people or to defeat the purposes of the primary election law," declared Representative Brooke, one of the authors of the bill, in opening the discussion in its favor. "It is intended merely to pave the way by which the constitutionality of all pledges made by candidates before they are elected can be tested. I do not undertake to say that Statement No. 1 is unconsti tutional. , "Thlsblll, If enacted into a law, would provide a means of forever set tling a controversy that Is serving to divide the voters of this state and will continue to cause such a division until the status of Each pledges can be de termined legally. Through its opera tion It now secures for us United States Senators, who are elected, not on their merits or for what they can do for the state, but because of their position on this question. At the present time the only way that this question can be legally decided is In the United States Senate and we wish to make It pos sible to solve the problem In our courts right here at home." "Insult to People," Says Brandon. Brandon charged that there was no need for the enactment of the proposed law and asserted that a candidate for (Continued on Page 6.) "I DON'T KNOW Worry. Over Present Crisis in Cal ifornia Racing Affairs Com plicates Illness. LOS ANGELES, Cal.. Feb. 3. (Spe cial.) E. J. Baldwin, generally known as "Lucky" Baldwin, is dangerously 111 at his country home at Arcadia. He suffered a nervous collapse today and in the sink ing spell that followed was -ery near death. He rallied, however, and was re ported resting well at midnight. He may die before daylight, however. .Although Mr. Unruh, manager of the Baldwin estate, did everything in his 'pdwer'to spread the report that Baldwin is not seriously ill. late tonight it was stated by George Rose, the well-known bookmaker, that "Lucky" Is so critically sick that the end is probably very close. Dr. John W. Trueworthy, who has been Baldwin's physician for many years, was called early and was at the bedside all day and tonight. It is said that the worry over the racing situation in California has been one of the things to bring on the attack. BURY MILLION FOR CENT Colorado Undertakers Take Odd Agreement on Their Hands. GRAND JUNCTION, Colo., Feb. 3. The Mesa County Commissioners today awarded the contract for burying the deceajeu paupers of the county to a firm of undertakers who will receive one-millionth of a cent for each body prepared for burial. Competition for the contract was exceedingly keen, one bid being received of one-tenth of a millionth of a cent for each pauper. One firm offered the county 10 cents each for the privilege of burying the paupers, but the County Commission ers said they could not accept a bounty from an undertaker on the'dead paupers- WEDDING HURRIES ACTION Montana Legislature Plans a Stop , to Undesirable Marriages. . HELENA, Mont, Feb. 3. Immediate ly after hearing of a Chinese-American wedding yesterday, the Legislature passed the miscegenation bill hur riedly and unanimously. The inter marriage of all races and nationalities has been a subject of comment through out the state for many years. Lately many unhappy endings have come to light. Provision has been made in the bill for stern penalties to be inflicted upon those solemnizing such marriages. VERMONT MARKSMEN BEST Battleship's Gunners Make Most Ef ficient Record In Xavy. WASHINGTON, Feb. 3. For compar ative, battle efficiency of United States ships -In combined night and day prac tice, made on the records of target shooting, and other drills at Magdalena Bay and Manila and while on duty at Manila, the battleship Vermont, now at Gibraltar wlth the Atlantic fleet, holds first place. WHERE I'M GOING, BUT I'M Roosevelt Tells What Government Needs. RESTRICTIONS AIO CRIMINALS Public Interests Suffer if Of ficials' Hands Tied. SHOULD USE BEST MEANS President Declares Xeed of Detective ; Force Under Attorney-General to Run Down Criminals in . . . Any Department. WASHINGTON, Feb. 3. Declaring that, "if the Government Is to act with full efficiency against criminals, it must have some' kind of Secret Service agents who can act against criminals anywhere," President Roosevelt In a statement made public at the White House tonight em phatically reiterated his opposition to restricting the field of the Secret Service. "The position of the" administration Is," said the President, "that it is against sound policy to discriminate In favor of criminals by discriminating against the use of the Secret Service to detect and punish them. 1 Xorinal Functions Unchanged. "At no time has the President or any administrative officer claimed that the restrictive legislation of the last session affected the Secret Service division of the Treasury Department; in the matter of suppressing counterfeiting or protecting the President. As a matter of fact, the limitation. did not apply In the slightest degree to the normal functions of that service and the claim that the Secret Service was not hampered in looking after counterfeiters Is admitted, but the assertion that the restriction was .harm less to the Government Interest Is not correct. Usefulness Is Restricted. "The effect of the limitation was ma terially to ciroumscrlbe the field of use fulness in which the trained agents of the Secret Service had hitherto been ad vantageously employed. Under the limita tion it became impossible to use these Investigators In the class of cases In which they have been specially success ful for many years. The phraseology of the restrictive legislation is such that any person who was employed in or under the Secret Service division during 1909 for even so short a period as an hour be came disqualified for promotion or em ploy ment in any branch of the Govern ment service where either his compensa tion or expenses would be payable from any appropriation In the sundry civil act. "The limitations tied the hands of the (Concluded on Page 3.) ON MY WAY. Many Witnesses Testify to His In toxication Surgeon Says Very Susceptible. GIBRALTAR, Feb. 3. All the evidence in the court-martial of Captain Edward F. Qualtrough, of the battleship Georgia, on charges preferred by Rear-Admiral Walnwright that he was under the in fluence of Intoxicants at a reception given at Tangier by the American Minis ter, Samuel R. Gummsre, was presented today. The hearing was held on the battleship Louisiana and a number of witnesses tes tified that Captain Qualtrough was in toxicated and unfit for duty. The accused officer, who took the stand in his own behalf, made a lengthy state ment to the effect that he was 111 and suffered greatly from fatigue and that he had only taken one glass of sherry and nothing more. He had smoked a strong cigar. Surgeon Crandall, of the Georgia, one of the two witnesses for the defense, tes tified that Captain Qualtrough's physical condition was such that he was then very susceptible to the action of liquor and tobacco. . The defense then Introduced the records of the Captain, the 38 years he had served and the two letters of recommendation secured by him during the present cruise. The decision will not be officially given out until It is finally approved. In the meantime. Captain Qualtrough will re main aboard the Georgia, under ar rest, not being allowed either on the bridge or on the quarterdeck. HASKELL SEEKING. PEACE Alarmed at Boycott of Oklahoma. Calls Railroad Conference. CHICAGO, Feb. 3. (Special.) Governor Haskell, of Oklahoma, has sent out an invitation to the executive officers of all railroads operating in that state to meet him in a general conference. He has been moved to do so by the widespread publication of a statement that the roads generally are-much dissatisfied with the provisions of the constitution and laws the state has adopted, so far as they af fect transportation lines. Some roads, such as the Santa Fe, have allowed it to be understood that they will build no more lines In the Btate under the present conditions. In proof of their purpose they have stopped all con struction work within the stato and' pro jected lines have been abandoned for the time being. Members of the Corporation Commission of the state and committees of the Legis lature that have had charge of railroad affairs also have been invited and it la hoped that out of this confab will come a way of ending the antagonism which now exists and of stimulating roads to re sume their construction work. It Is real-. Ized that Oklahoma must have railroads at any cost. BUTLER TO GET MILEAGE Penalty of Tardiness in Delivering Oregon's Vote Waived. OREGONIAN NEWS BUREAU. Wash ington, Feb. 3. Under decision rendered today by Controller of Treasury R. R. Butler, of Condon, official messenger who brought Oregon's electoral vote. to Wash ington, will not be penalized because he failed to arrive within time fixed by law for delivery of electoral vote. His mil eage amounting to about $750, will be paid and no effort will be made to Im pose penalty of $1,000 which Is imposed by ancient law governing such matters. The controller decided this question on commonsense grounds, waiving all tech nicalities. Inasmuch as the Vice Presi dent accepted the Oregon vote brought by Butler, and inasmuch as the Govern ment was In no way injured by his de lay in reaching Washington, It is held that he is entitled to his mileage. Butler is now in Tennessee visiting rel atives but will return to Washington for his mileage. BOSTON WOMAN NO THIEF Mrs. Dunpby Free of Giles' Charges . of Larceny. CHICAGO, Feb. 3. Mrs. Martha Ma belle Dunphy, of Boston, who has been on trial for the theft of JSOOO worth of diamonds from Charles E. Giles a Dor chester, Mass., moneylender, , was ac quitted by a jury today. Alfred Varion, of New York, ' who took a statement from Mr. -Giles, in which the broker is alleged to have made sev eral assertions detrimental to the prose cution, was the last witness called. Giles made the statement in Mr. Var ion's office in the belief that, the latter was to act as his attorney. In the statement, which was read to the Jury, Mr. Giles admitted that he as sisted Mrs. Dunphy in pawning some of the jewelry and that after he redeemed the articles himself. This statements Is said by counsel for the defense to contradict Mr. Giles' testi mony last Monday. SHIP CARGO OF' CORPSES Five Thousand Dead Chinamen to ' Be Taken Home for Burial. NEW YQRK, Feb. 3. Five thousand Chinese corpses bound for their final rest ing places in the Flowery Kingdom, will leave Brooklyn "Wednesday on the steamer Shimosa. The bodies were dis interred from burying grounds ail over the United States. Idaho Mining Man Shot . Down in Denver. DEED SEQUEL TO ELOPEMENT John H. Cradlebaugh Tracked Fred W. Walton. DAY'S RECORD SANGUINARY Murder, Suicide and Larceny In List of Police for Day's Work Two Crimes Dating Back to Events In East. DENVER, Feb. 3. Fred W. Walton, ex grand master of the Oddfellows for the State of Idaho, was shot twice by John H. Cradlebaugh, at Sixteenth and Cham pa streets, shortly after noon today. Walton died soon after being removed to the hospital. Both men are from Wal lace, Idaho, and Cradlebaugh, also. Is a prominent Oddfellow. Walton was dying when the hospital was reached, but gasped out: Makes Dying Statement. "That man thought I stole his wife." The shooting was witnessed by hun dreds of shoppers, and a wild rush for safety took place when the shots were being fired. Cradlebaugh, according to Chief of Po lice Armstrong, called on the latter at police headquarters late last night and told him that Walton had run away from Wallace with his wife, that he had traced them from Idaho to Seattle, and thence to Denver. Did Xot Want Trouble. Cradlebaugh told the Chief he did not want to make any disturbance, but sim ply wished to recover his children, whom their mother had taken with her. Cradle baugh, who was arrested immediately after the shooting, refused to make any statement. CRIME CAUSES XO SURPRISE AVallace Citizens Had Been Expect ing Tragedy for Years. WALLACE, Idaho., Feb. 3. (Special.) News of the shooting of Walton on the streets of Denver by Cradlebaugh oc casioned no surprise among their ac quaintances here, owing to the fact that Cradlebaugh was known to be in posses sion of the facts In connection with the infatuation of Walton for his wife for (Concluded- on Page 3.) INDEX OF TODAY'S NEWS The Weather. (TODA TS Occasional rain r winds. southwesterly iYESTBUDAY'S Maximum temperature, degrees-; minimum, 40.B degrees. Fore inn. 43 Mrs. Stirling denies Lord Northland pro- posed to marry her. Page 3. National. Governor Haskell and six other prominent Oklahomans indicted for town-lot frauds. Page 1. Roosevelt Issues statement against restrict ing use of Secret Service. Page 1. Mondell denounces Forest Service &s auto cratic. Page 3. pontics. Court-martial on Qualtrough sits at Gib raltar. Page 1. House debates agricultural bill and Pinchof gets both praisw and blame. Page 3. Los Angeles adopts many thanges in charter. Page 3. Domestic. Riverside. Cal., boy loses his Identity. Page 1. Prominent Idaho man kills man in Denver who stole his wire. Page 1. Flood in Northern California hreaks levee, swamps town of Tehama and stops rail road traffic. Page 2. Mrs. Dunphy acquitted of robbing Giles. Page 1. - Lucky Baldwin, famous horseman, dying. Page 1. Anti-Japanese Movement. California House rejects bill forbidding alien land ownership. Page 4. Nevada Assembly adopts resolution. In favor of exclusion. Page 4. paciQc Northwest. Signs of awakening activity in real estate sales in Northwest. Page 5. Big Stock swindle bobs up again in arrest of W. R. Clemens at Moscow. Page 2. Commercial and Marine. Renewal of wheat buying in interior. Page 15. Two-cent bulge in wheat at Chicago. Pagt 15. Better tone In stock market. Page 35. Little freight offering for transportation to Oriental ports. Page 14. 9 Legislatures. Anti-statement bill defeated in House by narrow margin. Page 1. Burial of bill for G- A. R. control of Soldiers' Home averted. Page 7. Ways and means committees of both housei have difficult problem in scaling down appropriations. Page 6. Both houses at Salem liberal in granting "more" salary bills. Page 7 House kills off many measures proposed. Page 7. Another Insurance bill introduced in Senate by Kay. Page 0. Initiative and referendum bill introduced Id Idaho but not expected to pass. Page Anti-racetrack bill at Olympia precipitates: discussion of state's morals. Page 5. Portland and Vicinity. County Judge employs expert to examine books of county officials. Page 14. O. R. & N. to operate "farmers special" through Eastern Washington in March. Page 14. Mount Tabor property-owners- to improve streets with hard pavement. Page t. Gcrge Sollers must pay $5000 for stealing affections of Mrs. Noyes. Page lO. Elx hundred pupils complete grammar schools. Page 10,