SCHIVELY TO TRY TO DISQUALIFY 16 Attorney Israel Starts His Defense. HAY AND BELL ARE ATTACKED Said to Set Themselves Above State Constitution. SPITE IS BROADLY HINTED Pchlvely's TCemoYal Said to Be De sired by Certain Politicians and Newspapers Arg-ument Char acterized as Pettifogging. OlTMFIA, "Wash., Auk. 11. (Staff Cor respondence. V-In a Vpeech'beforethe" Im peachment court of the State Senate7iast ing two hours this afternoon. George C. Israel, attorney for J. H. Schlvely, the Insurance Commissioner on trial, argued that 18 of the 42 members of the Senate had disqualified themselves to elt as judges, and that Governor Hay and Attorney-General BW! had arrogated to themselves powers superior to the state constitution. In hl addrese Israel frequently referred to Hay ns the man "who is acting Gov ernor for a while." and characterized the attempted Impeachment of Schlvely as a desire of certain politicians and newspa pers to destroy him. His argument called out a charge of petifogglng from Meigs, of the Impeachment committee. Senators Alleged Disqualified. Israel's contention concerning the IS Senators is that Allen and Flshback. members of the Investigating committee, have already expressed the opinion, in their report to the Governor, that Schl . vely should be removed by impeachment or abolishment of the office; that the other 14 disqualified themselves by going Into a caucus called by the Governor and signing an agreement to pass the Falmer bill abolishing the office of Insurance Commissioner without any finding as to the result or innocence of the accused of ficer. Panlhamus Donbly Accused. The 14 Senators charged with having so disqualified themselves are Anderson, of Spokane; Arrasmith, of Adams; Blair, of San Juan; Brown, of Whatcom: Bryan, of Kitsap: Davis, of Douglas; Cox. of Walla Walla; Falconer, of Snohomish: Mc Gregor, of Whitman; Myers, of Lincoln: Poison, of Chehalls; Stevenson, of Gar field, and Fatiand and Faulhamus, of Pierce. Further objection to Paimlhamus Is raised on the ground that lie expressed a belief In the guilt of the Insurance Com missioner in presenting the resolution in tha Senate calling for the appointment of the Investigating committee. The challenge of the IS Senators was heretofore filed In the answer of Schlvely to the impeachment charges. When the Senate resolved Itself Into a court of im peachment this afternoon. Attorney Israel Immediately called up this challenge and entered into his argument. Israel Cites His Proof. That biased Judges are Incompetent to elt In trials la a well-known rule of law recognized everywhere," was the asser tion of Mr. Israel, and he then read ex tensively from authorities, finally refer lng to the committee's report, to Paul fcamus resolution, and. lastly, to the cau cus summoned by the Governor on the Talmer bill and the signing by a mlpority of the Senate to support it. ' Thus does Mr. Hay rise above and de clare himself superior to the constitu tion." said Israel. "He would, by a ma jority vote, abolish the office without proof of the charges against the Incum bent except the opinion of M. B. Hay." Kdge Takes Exceptions. The references to the Governor were objected to by Representative Kdge, of the House impeachment comrnltte, who suggested to Presiding Officer Ruth that he call the attention of counsel to the fact that he was not confining himself to the questions before the house. Ruth an nounced that Israel might proceed and J-'aleoner. of Snohomish, asked that five Senators appeal from the decision of the chair. Five Senators did not respond and Ruth announced that he was not aware that counsel was getting away from the rules, but mould watch more closely. "I was calling attention to the fact,". said Israel, "that your disqualification was not worked by yourself, but by Governor Hay upon the advice of the Attorney-General, by caucusing and by agreeing to support the Palmer bill. By agreeing to remove the respondent from office without the formality of a trial you have unfitted yourselves to give him a fair and impartial trial. You are not worthy as Judges. Israel Cries for Fustic.' "Tou may think you can forget all these things and you may destroy John H. Schlvely without trial, because certain politicians and certain newspapers de mand it. You may have the power to tear him down, but a sense of Justice demands his trial by fair and Impartial Judges. If you persist In sitting, your consciences will rise up in the still hours of the night and accuse you. Tou may be Judges In name, but not in fact.'" In replying. Representative Sparks, of HOME OF RECALLED MAYOR IS BURNED IXIOX S KXECCTIVE LOSES HIS HOl'SE IX FliAMES. Dr. Law Away From Home at Time and Nobody Is in Hot Many Depredations Precede. CN'ION'. Or., Aug. 11. (Special.) The home of Dr. C. H. Law, ex-Mayor and center of the recall fight raging here, was destroyed by fire tonight. Dr. Law waa at Cove on professional business at the time, and nobody was in the house. A woman in a near-by dwelling saw the blaze first, and she says flames came from the back kitchen and from the front room at the same ttme. Although some of the doctor's In struments were saved, the house, valued at 3OO0. is a total loss. The town of Union is greatly wrought up. This Is but another of a series of violent acts directed against the city of ficers, since the fight grew hot shortly after July 4. At one time Councilman Pratt's garden was overrun by cattle. Chains have been thrown through Mayor Law's windows. Councilman Dalton had a set of new harness cut to strings while he was away from home. Tonight's fire marks the climax thus far. Dr. Law came home about 11 o"clock. and said all his property waa tied up In Union, and this blow would be a heavy one for him. SHYLOCK WIELDS HIS KNIFE Because Santa, Ana Can't Pay, San chex Takes Flesh. LOS ANGELES. Aug. 11. (Special.) Because Ramon Santa Ana, a laborer, could not pay a debt of 25 cents to Frank Sanchez, a fellow-laborer at Latin, the latter took half a pound of flesh from his debtor. Santa Ana came to the Receiv ing Hospital today for treatment of the mutilated arm. from which the muscle was practically stripped. The police are seeking Sanchez. "I could not pay the two-bits." snld Santa Ana to the doctors at the Receiv ing Hospital, "when he came for it yes terday, and Frank pulled a big knife from his bootleg and got me. He said: " 'I'll have a pound -of flesh.' and he got a big piece! I don't think it Is a pound, though. I tried to get away, but he was too quick for me. He made one Jump with his big knife and you see what he did." The bone of Santa Ana'B left arm was barely covered with flesh, so close did his assailant come to getting Shylock's toll. SUIT TO RECOVER LANDS Government After Colorado Coal Company's Holdings. DENVER. Aug. M. The Calumet fuel Company and 13 Individuals are named as j.i..ji.n in a suit filed in the 'Federal Oourt today by United States District Attorney Ward to recover S0 acres of land, valued at over half a million doi i., -c- nc.l tn have been secured through dummy entrymen. The land is located in the Pueblo. Colo., land office district. One of those named aa a defendant Is George W. Kramer, who has since died, vlre-Tres irtent of the Denver &. Rio Grande Railroad, and president of the Globe Express Company. The Calumet Fuel Company is a rao sldiary of the Denver & Rio Grande Rail road. DRUMLUMMON MINE LOSES Must Pay Damages for Taking Ore From Famons Vein. HELENA. Mont.. Aug. 11. Damages of B.193 were today awarded the plaintiff in the suit of the St. Louie Mining & Milling Company against the Montana Mining Company, limited, owner of the Drumlummon mine, which was instituted to collect Jl.OOP.OOO for ores alleged to have been illegally extracted from its property. The property consists of a narrow yet exceedingly rich strip of gold-bearing ground in the Marysvllle district. This Is the most famous mining litiga tion in the history of the etate and has been before the courts for 30 years. RUSSIA GROWING ANXIOUS Does Xot I.Ike Japan's Renewed Ac tivity In Manchuria. ST. PETERSBURG. Aug. 11. Apprehen sion has been aroused in political circles here by the energy displayed by the Jap anese in pushing the reconstruction of the Antung-Mukden Railroad, the strategic Importance of which Is fully realized in St. Petersburg. Even a greater degree of disquietude has been caused by the Japanese plans for a naval base at the mouth of the Tumen River to be connected by railroad with Klrin. This project is considered as verg ing on an Infraction of the Portsmouth peace treaty. STILL NO TRACE OF BOAT Second Cruiser T'nable to Find Lost Steamer Waratah. SIMONSTOWN. Cape Colony, Aug. 11. The British cruiser Fort returned here today after an unsuccessful search for the steamer Waratah, during which a distance of 1330 miles was traveled. The Waratah. a British steamer, has been missing since July 26. when she sailed from Port Natal. She had 83 pas sengers and a, craw. Mi TURNS 01 PROBE COMMITTEE Investigation Becomes Rather Spicy. WANTS TO RETRACT WORDS Says Testimony Was Given When Only Semi-Conscious. WOULD CLEAR MR. PALMER Specifies Details of Immoral Con duct or Morrow, Who' Brought Her Into Case, That Cause Him to Get Angry in Session. OLYMPIA, Wash., Aug. 11 (Staff Correspondence.) Mrs. Sarah L. Brown, the alleged intermediary between Dr. J. Eugene Jordan and E. B. Palmer in the purported attempt to "fix" the Supreme Court in the Ramsey quiet-title case, roasted the Halsey investigating com mittee to a turn tonight, refused to be quieted by the members, and delivered a tirade against P. V. Morrow, whose testimony Monday in Seattle brought her into the case. Mrs. Brown, who fainted when on the stand In Seattle yesterday, accused the committee of abuse in calling her out of a sick bed and subjecting her to rigid cross-examination. She said part of her testimony given yesterday waa given when she was semi-com.cious and was in correct. Court Xot Corrupted. Mrs. Brown testified that she went to H. B. Palmer as a matter of securing additional counsel in the Ramsey case, having been financing the proposition; that after Palmer had talked over the case with her attorney, Mr. Allen, Palmer had expressed the opinion there was no show to win it and refused to take it on a contingent fee. Mr. Palmer, she said, was willing to take the case on a payment of JIOcll. but when she reported the matter to Dr. Jor dan they decided they did not have the money to expend. There was no talk of corruption of the Supreme Court, she said. "It Is simply ridiculous that men like Mr. Palmer and the members of the Su preme Court should be disgraced through me for blackmailing purposes." she said. "You may think it a Joke to treat me as you did yesterday, but I am here to clear Mr. Palmer." Stormy Scene With Morrow. Then turning on P. F. Morrow, who was seated In the room, she accused him of gross immoral conduct, specifying details unfit for publication. "You're a liar," shouted Morrow, and Sergeant-at-Arms Wilson rushed to him and forced him back in his chair. In spite of remonstrances from the com mittee Mrs. Brown continued In a hys terical voice: "I am a wife, a mother and a grand mother, and can live down my disgrace, but when they bring me in to blacken the Supreme Court and Mr. Palmer, a man with a career before him, it is a dis grace, a shame and a stain on the state. Mr. Palmer treated me white." Again the committee remonstrated and (Concluded on Page 12.) EASY MONET. t t ' " 1 WOMAN IS PINNED BENEATH-HORSES BRIDGE DROPS, TEAM AN'D DRIVERS CACGHT IX WRECK. One Woman Frees Herself, Gets Help, and Horse Has to Be Shot to Extricate Companion. TILLAMOOK. Or., Aug. 11. (Special.) By the coliapse of a bridge over a small stream on the road from Nehalem last night, a team of horses and buggy driven by Mrs. Ella Blanchard and Mrs. J. Davis was precipitated into the gully. Mrs. Davis fell clear of the wreck, while Mrs. Blanchard was caught be neath the struggling horses and held down in the water. She was saved from Immediate death by the fact that the horses were supported by the broken and twisted bridge wreckage. The panic-crazed animals struggled frightfully and both women feared mo mentarily that the wreckage would break up and allow them to crush Mrs. Blanch ard to death. Finally one horse got its head under water and was drowned. Mrs. Davis,- who had escaped with mi nor bruises besides a severe wetting, found she could not extricate Mrs. Blan chard. and set off afoot to find help. Her absence .was short but it seemed In terminable to Mrs. Blanchard, partly im mersed In the icy water and fearing every movement that the struggling horse above would fall and crush her. . When Mrs. Davis returned with help the living horse was shot, and Mrs. Blanchard was extricated, thoroughly chilled and In a state of nervous collapso but otherwise little Injured. PERISHES IN SHASTA SNOW Mountaineer Is Missing When Com rade Returns From Summit. StSSON, Cal.. Aug. VL Gus A. Mauer. of Vacaville, Cal., Is believed to have, perished from cold far above the snow line on Mount Shasta, which he set out to ascend from this place last Monday. He was accompanied by Frank -Morton, of Sisson, with whom he rode to an alti tude of 11.000 feet, where they left the horses. The following day they statred for the summit, 3000 feet above. Mauer became exhausted at Thumb Rock and waited there while his companion climbed to the top. When Morton returned, Mauer waa not to be found and no sign of him has been discovered, although searching parties have been out all-day. - FIGHT ON BOARD STEAMER Quartermaster on President Stabs Man Who Beats Him. SAN DIEGO, Aug. 11.' During a fight on board the steamer President, while lying at her wharf here tonight. James Foley, fourth officer of the vessel, was stabbed in his lung. Just below the heart. C. B. Pinklert, the quartermaster, is in Jail, charged wifh assault to kill. Witnesses of the affair say that when the stabbing occurred Foley had Pinklert on the deck and was beating him savage ly with his fists. The physicians at the hospital to which Foley was taken say that his wound is serious. ELLA GINGLES GOES HOME Lacemaker Sails for Ireland, Far From-White Slavers.. NEW YORK. Aug. 11. Ella Gtngles. the young Irish- lacemaker. whose trial in Chicago for larceny from her em ployer attracted National attention be cause of her charge of an attempt to force her into "white slavery," sailed for her home In Ireland today. SUICIDE THEORY IS Surgeons Sure Sutton Did Not Kill Self. SAY SUCH SHOT IMPOSSIBLE Grewsome Exhibit of Skulls Is Made at Hearing. TODD GIVES NEW ACCOUNT Witness Brought From Massachu setts Tells of Officers Sending . Sergeant Back From His Investigation. ANNAPOLIS. vMd.. Aug. 11. A grew some feature this afternoon was intro duced into the inquiry regarding the death of Lieutenant James N. Sutton, Jr., of the United States Marine Corps, when the legal representative of Mrs. Sutton, the mother of the dead lieutenant, brought to the witness-stand Dr. M. Ed ward Shafer. of Washington, an expert on gunshot wounds. The people in the room crowded around the table and gazed with interest upon the doctor while he placed upon the table glistening skulls, to the exterior of one of which he affixed, in little lumps of wax. steel rods, intended to indicate to the members of the court the course of the bullet in the skull cf Lieutenant Sut ton. Doctor Plaj-s Corpse. The doctor stretched himself upon the table and showed by pantomime how, in his opinion as an expert. It was quite Im possible that Lieutenant Sutton could ever have fired into his own head the shot that killed him. The witness declared that Lieutenant Sutton could nor possibly have been able, under the circumstances described in the testimony, to exercise sufficient Pull on the trigger to discharge . the weapon. When court adjourned, the cross-examination of Dr. Schaefer was In progress. The evidence of Sergeant Todd, touch ing which considerable interest has been aroused by an alleged interview published In Boston, while it did not confirm the Interview in whole, brought out some points not In consonance . with the testi mony given previously by marine offi cers. Tpdd Gives Testimony. Todd said that before the, shooting he had seen Lieutenant Boelker pass the guardroom. After the shooting, he said. Lieutenant Boelker came Into the guard room and said: "My God, Archie, I've been shot." The finding of the bullet followed. He acknowledged having said he often won dered why he was not summoned, but said he had never tried to make known to any officer his possession of knowl edge of the events on the night of Sut ton's death. Mr. Bimey took the witness in detail over the events of the night. The run ning figure, he said, was going from the vicinity of camp toward the bridge over College Creek. After the shooting- he saw Lieutenants Adams and Osterman in (Concluded on Page 4.) Gill SETBACK BANKWRECKER TO BE FREED TODAY BROWX, WHO SHARED IX $9, 000,000 LOOT, EXDS TIME. Of 15 Months Supposed to Have Been Served, Most of Time Was Spent as Witness. SAX FRANCISCO. Aug. 11. (Special.) J. Dalzell Brown, convicted of misappro priating the funds of the defunct Cali fornia Safe Deposit & Trust Company and sentenced to 18 months' lmprlsoment, will leave San Quentln tomorrow morning a free man, after the nominal service of 15 months. More than half of this time Brown has spent in San Francisco as a witness before courts In the trial of other officials who helped him wreck the bank. For his testimony he was given full im munity on all other indictments against him. . Brown and his associates looted the bank of nearly $9,000,000, which would have been a complete .loss except for a heavy advance in Western Pacific Rail road stock held by the bank. Now It Is estimated the depositors will get 50 cenu on the dollar. Brown was largely respon sible fpr the heavy loans to James Treadwell, a mining man, and others on poor collateral or merely notes. There are 2000 depositors, many being poor people. TOWN LOSES $1,000,000 Fire Destroys 3 6 Buildings at Mon ticelloStopped by Dynamite. MTDDLETOWN. N. T.. Aug. 11. A loss estimated at $1,000,000 was caused by the fire which swept S6 buildings from the main street of the Summer resort of Mon tlcello, N. Y., last night. The buildings burned Included hotels, stores ahd resi dences. The fire was brought under con trol this morning after dynamite had been used. Three hotels filled with Summer guests mainly from New York ICty, were de stroyed. They were the Rockwell House, the largest hotel in Sullivan County: the Palatine Hotel and the Bolsum House. The Union National Bank, tivo newspaper offices and every . store but one in the town was destroyed. RELICS OF SCHOOL DAYS Henry Van Dyke Beqneaths Oregon Grandson Slate and Grammar. LOS ANGELES. Cal., Aug. 11. (Spe cial.) A feature of the will of Henry -W. Van Dyke, offered for probate today and disposing of a $10,000 estate, Is remarkable for a paragraph that reads thus: "I hereby give to my grandson, Eba S. Van Dyke, of Currinsville, Or., my schoolslate and Kirkman's English gram mar, bought in 1840, aa a relic of my schoolboy days." The beneficiaries of the will are Mrs. Hannah O. Rockwell. Belle Plains, Iowa; Mary A. Cottrell, Klngley, Iowa: Law rence Wilson Van Dyke, Currinsville, Or... and Ellen Van Dyke, of Los Angeles. INJUSTICE DONE WOMAN Mrs. Helen Spfencer Freed of "White Slave" Charge In Canal Zone. NEW YORK, Aug. 11. That an in justice has been done Mrs. Helen Spen cer, arrested recently In Eucador and charged with having engaged In tho "white slave traffic" for the Panama Canal Zone was admitted today, when the indictment against her was dis missed by Judge Ross. The action was taken on the recom mendation of the District Attorney who reported that he had found the testimony of the complaining witness false in essen tial points. WENT TO WRONG CHICAGO Registered Mail Found and Ken tucky Postmaster Accused. CINCINNATI. Aug. 11. In the arrest of Postmaster Philip C. Smith, of Chicago, Ky., Government officers believe they have solved the mystery of missing reg istered mall that has failed to reach Chi cago, 111. Two men detailed by Chief Postofflce Inspector Holmes, of the Cincinnati di vision, notified him today of Smith's ar rest They report finding a large nuirf ber of letters containing checks, drafts and cash, addressed to Chicago, 111. RUSSIAN ROBBERS FOILED Rifle Hungarian Bank, but Man Carrying Money Is Caught. FIUME, Hungary, Aug. 11. The Gen eral Credit Bank of this city was raided today by three Russians, who shot down the cashier and rifled the safe of $8000. The men then fled. A policeman succeeded in ' knocking down the man who was carrying the loot, but the other two escaped. All the money was recovered. The man taken Into cus tody gave the name of Salomon Kisino villl and said he was from Odessa. WEDS; THEN MAKES WILL Portland, Me., Widow Has Scheme to Frustrate Brother's Plans. PORTLAND, Me., Aug. 11. Mrs. Sarah J. Nichols, a wealthy widow, was secretly married today to C. S. Smith, of this city, and Immediately following the cere mony willed all of her large property holdings to her newly acquired husband. The marriage, it is believed, Is for the purpose of frustrating the woman's brother, J. Lucas, who is trying to have her declared incompetent. BALLINGER CENTER OF FIERCE BUTTLE Ex-Governor Pardee Is Leader of Attack. TURNER HURRIES TO DEFENSE Campbell Tries to Spread Oil on Troubled Waters. PRIVATE AID CASUS BELLI Californlan Roundly Scores Secre tary for Giving Away Power Sites and Makes Impassioned Plea for Roosevelt Policies. SPOKANE, Aug. ll.-With the stage carefully set, the actors prepared in their lines and an overwhelming audience in Its place, the Ballinger battle royal burst upon the National Irrigation Con gress hls afternoon. The man who, in the language of an enthusiastic Callfo-nian, "ripped things wide open" flr3t was Dr. George C. Par dee, ox-Governor of , California. To say that Dr. Pardee was entirely ready with his lines would be a trifle in error be cause he laid aside a portion of his manuscript of a set speech and In his own language "said what he had to say." Pardee Attacks Ballinger. Pardee attacked Richard A. Ballinger, Secretary of the Interior, with a fierce ness only exceeded by that of George Turner, ax-Senator of Washington, who took up the cudgels in defense of Sec retary Ballinger. These two became tho principal actors in the little drama which was enacted after the appearance of the Secretary of the Interior had paved the way for the battle. Ballinger Loudly Cheered. Mr. Ballinger made rather a triumphal entry surrounded by a reception com mittee and when he rose to speak he was cheered for several minutes. Previous to his introduction President Barstow of the Irrigation Congress achieved what was generally believed to be an excellent bit of stage play in caus ing to be read the telegram received on Monday from President Taft In which the President assured the congress of his support in reclamation and preservation Ideas. Mr. Barstow then assured the delegates that the Secretary no doubt would as sure them of the same allegiance coming from himself. The Secretary declined, however, to be come enthusiastic on this point and pro- (Concluded on Page 5.) INDEX OF TODAY'S NEWS The Weather. YESTERDAY'S Maximum temperature, 80 degrees; minimum, &6 degrees. TODAY'S Fair and cooler; westerly winds. Foreign. Great rush to Fheims to sea aviation contest. Page 5, Flood at Monterey, Mex.. causes 50 deaths and destroys 6M0 houses. Page 4. National. Government advised to aid Independent steamer lines In connection with Panama Railroad. Page 12. Northwest fares well In House committee appointments. Pace 2. Domestic. Mexican In California cats half pound of flesh from delinquent debtor.. Page 1. Heat strikes down many veteran and children In Grand Army parade at Salt Lake. Page 5. Dalzell Brown, bank wrecker, to be released from prison today. Page 1. Big Atlantic Coast liner disabled and being driven ashore. Page 4. Strong testimony against suicide theory in Sutton case. Page 1. Sports. Coast League scores: Portland 6, Vernon 1: Oakland 8. Sacramento 2; Los Angeles 4. San Francisco 1 Page T. Schwengers. of Victoria, wins Pacific North west tennis championship. Page 7. Jeffries and Johnson sign agreement for championship light. Page 7. Northwestern League scores: Portland 1, Tacoma 0; Aberdeen 8, Vancouver 6; Spokane 4, Seattle 2. Page 7. Holbein starts to swim across English Channel. Page 5. Pacific Northwest. Storm breaks over Ballinger in National Irrigation Congress. Page 1. Schlvely's first move In defense Is attempt to disqualify 16 Senators. Page 1. Citizens threaten to turn light on Pan Tans if Governor Hay refuses. Page 6. Drawing of Flathead lands, largest of three, begins today. Page 4. Washington Legislature reconvenes to ratify income tax amendment; hot fight fore casted. Page 6. Bridge drops and woman is pinned beneath wreckage in water. Page I. Woman witness against Washington Su preme Court spicily retracta testimony. Page 1. Union politics result In burning of horns of Mayor. Page 1. Porter Brothers say they will hire away all Twohy Brothers' men. Page 5. Portland and Vicinity. Northern Pacific lets contract for double track from Kalama to Tacoma. Page ltt. Port of Portland to consider O. R. A N. bridge plans today. Page lO. Injunction proceedings brought against Ore ion Trunk by Harrlman forces at The al!es transferred to Federal Court. Page 10. Ex-Senator Teller scoffs at bogy of big power trust. Page 8. . Paving combine reduces price of hard-surface mawriaL Page 11. Albers Bros, will erect largest cereal mill In West. Page 12. County buys tract for new poorfarm. Page It. National undertakers will meet In Portland September 9. Page 10. Council rejects proposal to locate new City Jail at Park and Everett streets. Page IB. Portland Automobile Club starts campaign against reckless driving. Page la. New tariff schedule received by local Col lector of Customs. Page 1ft.