TWOARRESTEDFOR MRS. BEAL"S DEATH Mrs. Maddux and Frank Rodman Named. PRISONERS KEPT SECLUDED Further Investigation of Killing to Be Made. WAGNER DOES FERRETING Constable and Deputies Hare Been Working on Case for Weeks and Circumstantial Evidence Gath ered Is . Most Convincing. Mrs. Hazel Maddux, -wife of Police Patrolman Clifford Maddux, of 87 East Ninth' trt and Frank E. Rodman, of 1114 East Morrison street, an automobile liveryman. were arrested and taken to the County Jail yesterday afternoon .it the Instance of the grand "jury, charged with being In the red touring car that ran down and klUed Mrs. May Real on the Llnnton road early on the morning of August 5. The double arrest came as a climax to six weeks of ceaseless ferreting on the part of public detectives. Constable Wagner and Deputy-Constable Kler can. Can See No One. Rodman and Mrs. Maddux are charged with being In th car that ran down and killed Mrs. May Real, of 10 East Sixth street North, the morning of August 6. Their arrest followed a short investiga tion by the grand Jury yesterday after noon. Only five witnesses had been ex amined when the arrest was made by Constable Wagner and the pair were lodged 'In the County Jail under orders from the grand Jury that they be not admitted to bail or permission to see either be given anyone. Caldwell Their Attorney.. Soon after their Incarceration In the County Jail, an incident occurred which, according to the officers, goes a long way toward explaining the sudden silence of Mrs. Rudolph Becker, of 874 Savler street, who professed to Constable Wag ner, Attorney George Joseph and a news paper man that she knew who the guilty parties were. George W. Caldwell, her attorney, under whose advice she . as sumed a mask of silence in speaking of the case, called up County Jailer Hunter and Informed him he was Mrs. Maddux" " and Rodman's attorney and asked to see them. This request was denied. It was universally agreed this turn in the case places Caldwell In a bad light. None of the grand Jurymen would make a statement of the evidence against the prisoners, but practically all of the circumstantial evidence con cerning Mrs. Maddux' connection with the case lias been exploited. It is be lieved, however, the testimony of Miss Ethel Voos. an Inmate of the Bissner home, at 74 Savier street, parents of Mrs. Rudolph Becker, who lives there and who previously stated she saw Mrs. Maddux pass the house in an au tomobile on the night of the tragedy, together with a fuller statement of the affair, led to the conclusions reached by members of the grand jury. Both Deny Charge. It was impossible last night, owing to the orders of the grand Jury, to see either Mrs. Maddux or Rodman. 1 is known, however, both deny the charge, and, unless tueir attitude is changed, will! fight tho case. The grand Jury will continue Its In vestigations today, when every detail of the evidence already accumulated- hy Wagner and Joseph will be placed before it. This, according to these men, will strengthen the case against them. Rodman's name has been concerned in the case for tne past week, but not until yesterday morning did developments warrant the direct charge that he occu pied the car with Mrs. Maddux when Mrs. Real was struck. Officers Say Maddux Knew. Both Wagner and Joseph still main tain Maddux himself knew of the killing all the time. They assert evidence has been found which shows he knew of tn Intimacy existing between his wife ar.d Rodman and that he had threatened bodily injury previous to August 5 to ward Rodman. The fact, it Is said, that they were concerned together in the Linnton road tragedy, led to his failure to make good his threat, fearing it would expose his wife. From J- J- Brasier, night foreman of a garage at 531 Alder street, where Rod man kept his car at the time. It was learned last night "Windy Robinson, one of Rodman's chauffeurs, took Rod . man's Pope-Toledo car. a large red ma chine of the touring car type, into the garage. Rodman, It was stated, left the ma chine at Fifth and Washington streets, and had Robinson take it to the garage. It was from this point Mrs. Maddux was . in the habit of leaving the car on pre vious rides. Woman Is fnconcerned. Rodman was summoned to the grand Jury room in the District Attorney's of i lice late yesterday afternoon. Mrs. Mad- dux and her husband were sitting In the I ' (Continued on Fags ) MINERS ARE SLAIN BY DESERT THIRST BOXES OF TWO FOCXD, THIRD IS SOCGHT IX VAIN. Another Man Escapes, Only to Kill by Accident Man Who Gives Water. RHTOLITE, Nev, Sept. IS. The bodies of Emory Bodge and Torn Flanx, two miners who perished of thirst while attempting to cross Death Val ley, were found Saturday four miles w-est of Sklddoo. CaL, by members of tne searching party which was scour ing the deserts for a brother of Presi dent Eldridge, of the National Sewing Machine Company, who has been lost for three weeks. The men whose bodies were found left Khyolite late in August and start ed across the flodr of Death Valley, where the thermometer reaches .130 degrees In the shade during the Sum mer months. They carried two can teens of water each, but this supply was exhausted before they had gone half way. Crazed by thirst, they wan dered about until they were overcome by the heat and lay down to die. SAN BERNARDINO. Cal.. Sept. 18. (Special.) Lost on the desert. Jose Melendez after three days' wandering reached a Santa Fe section camp near Barnwell, only to have his awful sufferings end in a tragedy. L. Rodriguez, a section laborer, was shot through the brain and instantly killed by the accidental discharge of Melendez' revolver. Melendes stag gered into the tent where Rodriguez and several other section laborers were sheltered from the sun and wind. He held out his revolver and begged a drink of water In exchange. The wea pon dropped from his nerveless hand and was discharged, the bullet enter ing Rodrigues' brain. OFFICIAL'S THROAT IS CUT T. X. Allen, of Oljmpla, Is Found With Throat Gashed. OLTMPIA, Wash.. Sept. IS. (Special.) T. N. Allen, receiver of the United States Land Office here, is at a local hospital suffering from a severely gashed throat and loss of blood. The report is that Mr. Allen, who is 76 years old, and who has been despondent for months from financial troubles and the sudden death of a favorite daughter, attempted suicide. This is denied by members of his family. For more than years Allen has been a practicing attorney here. His wife and five children make their home here. One son, Thomas, lives in New York. Because of his advanced age and the loss of quantities of blood, before . his condition was discovered, doubts are en tertained of his recovery. ROYAL GUESTS. ARRIVING Princely Blood Ready for Wedding of Miguel and Miss Stewart. DINGWALL, Scotland, Sept. 13. Most of the royal guests have arrived here for the wedding of Prince Miguel of Brag anza and Miss Anita Stewart, daughter of Mrs. James Henry Smith, of New York, which will be celebrated September 15. A deputation of the employes which Mrs. Smith has taken for the season pre sented the bride-elect with a beautiful cup of old Highlander style today. The prince has Issued an official statement denying that the marriage Is morganatic and affirming that the Braganxa family had siven formal consent upon Miss Stewart's announcing her Intention to enter the Roman Catholic Church. EXPLORERS' DEMOCRATS? Bryan Says Peary and Cook Must Belong to His Party. 4 t DALLAS, Tex., Sept. 13. William J. Bryan, who arriied here today to deliver an address, said regarding the discovery of the North Pole: -"This discussion about who discovered the Pole has interested me considerably. I don't know why politics ehould enter Into the thing, but some times I have wondered what political belief the two men they are talking about have. I be lieve it is safe to say that they are Dem ocrats. Why? Well. Just because Demo crats have got so used to being out in the cold that they can do their best work there. The North Pole conditions are ideal for them." HITCHCOCK COMING WEST Postmaster-General Off for Tour of Pacific Coast. WASHIKGTON, Bept. 13. Postmaster General Hitchcock left Washington to night on a trip to the Pacific Coast, go- , wv of New York City. He will ie J J arrive in Seattle In time to be present at the Washington state postmasters' convention, September 20 and 2L He will attend also the conventions of the Oregon and Montana postmasters. FIRE THREATENS RANCHERS Flames Destroy Hay and Bean Crop in Ias Posas Valley. OXNARD. Cal., Sept. 13.-A fire which swept through Las Posas Valley today and Is still raging, has already de stroyed property estimated as worth tM.OOO and now is threatening scores of homes of ranchers near Farvlew. Ep worth and Moore Park. The buildings on five ranches, together with the crops of beans and hay, have been burned. PORTLAND, LOVETT TO HEAD Elected Chairman of Pivotal Body.- LOREE TO BECOME PRESIDENT Unity of Railroad System to Be Maintained. MORGAN HAS NO DIRECTOR Reorganization of "Union Pacific Board Shows Standard Oil to Be Power Behind Harrlnian and Still In Control. NEW YORK, Sept. 13. (Special.) Ex-Judge Robert S. Lovett, chief coun sel for the Union Pacific Railroad, was today elected chairman of the executive committee of the company, thereby be coming the successor to Edward H. Har rlnian in the control of the vast railroad and steamship systems which the finan cier built up. The Union Pacific still remains without a president, as Mr. Harrlman occupied this petition also. It Is understood, however, that an operat ing man, probably L F. Loree, president of the Delaware & Hurson, will be elect ed to the place at the annual meeting of stockholders October 12 Proxies for this meeting already in the hands of Judge Lovett and Alexander Millar, "sec cretary of the Union Pacific, seem to guarantee that the election will be dic tated by the Harriman Interests. Schiff and Rockefeller at Throttle. At the same meeting where Mr. Lovett was elected to the chief executive posi tion of the keystone road of the Harri man system. William Rockefeller and Jacob H. Schiff were elected members of the board of directors of the Union Pacific and were also appointed members of the executive committee. Messrs. Schiff and Rockefeller Succeed Mr. Har riman and the late Henry H. Rogers as members of the. board. Mr. Lovett will be made a member of the board and also a member of the executive committee. The only change in the organization from the form In which Mr. Harriman created it is the addition of one member, mak ing a total of six, to the executive com mittee of the -Union Pacific. r-The meeting today shows conclusively several things which Wall street and the railroad world have been wanting to know ever since Mr. Harriman's illness began. It proves, for one thing, that the Harriman organization is to be per petuated In Just the form in which it was created by the master hand. There Is to be no change in methods, no change in policy and no change in management. The eye of the meeting also discloses the fact that the banking firm of J. Pierpont Morgan & Co. is not to cut an important figure in the control of the Harriman system nor in the management of the lines composing it. A glance at the members of the executive committee as now constituted will show who they are: Robert S. Lovett, chairman; Henry C. Frick. Marvin Hughltt, Frank A. Van derlip, William Rockefeller and Jacob H. Schiff. The retention of Mr. Vanderllp on the (Concluded on Pare 3.) HARP, MM SYSTEM ............. t i - ;., ' 4 OREGON. TUESDAY, SEPTEMBER 14, 1909. HARRIMAN ESTATE NOT TO BE DIVIDED RAILROAD HOLDINGS WILL. BE KEPT IXTACT FOR HEIRS. Widow Gets Palace at Arden and House in New York Many Bequests to Charity. " NEW YORK, Sept. 14. The will of E. H. Harriman will be filed this week, ac cording to Robert S. Lovett. Mr. Lovett would not discuss the contents of the will, but said it had been drawn by Charles A. Peabody, president of the Mutual Life Insurance Company, and that it was In his possession. Among Mr. Harriman's intimate friends the belief prevailed that the enormous Harriman railroad holdings are not to be divided for a long "period and that the will creates a trust for their administra tion, the income going to the heirs. It is also said that, while the railroad nd commercial Interests will be held intact through a trusteeship, the will gives to Mrs. Harriman the magnificent estate at Arden anf also the town house In Fifth avenue. If these surmises are correct, and they are generally credited in Wall street, it will mean that the plans for railroad development which Mr. Harri man had under way will be fully exe cuted by the trustees of his estate. It was commonly accepted that Mr. Har riman contemplated radical improve ment in the Erie system, particularly in the suburban service. The same is said to be true of other railroads In which he was interested. Only a few months before his death Mr. Harriman proposed to donate 36,000 acres of land in the northern part of New Jersey to a public park, his plan being to have the states of New York and New Jersey contribute equal portions. Many charitable organizations are also deply Interested in the contents of the will. WOULD DIVIDE CALIFORNIA People or South Propose Xew State Because Taxes High. LOS ANGELES. Sept. 13. The South California State League was made ft permanent organization at a mass meeting of citizens of Los Angeles, in Symphony Hall today, with George N. Black as president and Herbert Burdette and B. A. Stephens as secretaries. ' The meeting was called by the Los Angeles Realty Board to offer a pro test against the recent action of tho State Board of Equalization . in raising the assessed valuation of the property of this county. Many ot those present at the meet ing today wore badges inscribed "South California State League." The wearing of these badges and many of the speeches made reflected a strong sentiment in favor of state division, and this was later crystallized in a set of resolutions passed by the meeting. The resolutions declare that the State Board of Equalization has unjustly raised tax ation in the 14 counties, and "that the men guilty of perpetrating this outrage have added fuel to the flame of sectional animosity, thereby crystallizing into an Issue of the first magnitude the ques tion of state division." FALLING WALLS BURY MEN Debris Wrecks Saloon and Hotel. Injured Taken Out. PITTSBURG, Sept. 13. Collapsing walls at the Blanc k Storage Company bullding, 6344 Pennsylvania avenue, burled a num ber of workmen today. Three were taken out badly injured and others are supposed to have been killed. Nine others were re moved, less seriously injured. The falling walls crushed the hotel and saloon of John J. Calla, adjoining, and it is be lieved the occupants were killed or In jured. ' LET'S SEE YOUR EVIDENCE NEW YORK RINGS WITH POUR Schley Comes to Front Defending Cook. NAVY NOT SOLID FOR PEARY Arctic Club Will Give Cook Medal as Discoverer. OSBON VOUCHES FOR HIM Swears by Cook's Veracity From In tiniate Knowledge WhoUv City Prepares to Give Explorer Grand Reception. NEW YORK, Sept. 13. With Dr. Cook homeward bound and Commander Peary in touch with the correspondents, two swelling streams of conflicting affirma tion are centered on a city already boiling over. Cemment and criticism lack noth ing of their previous acidity. Previous assumption that Commander Peary would have the United States Navy solidly be hind him was not borne out in a letter from Rear-Admiral Schley, made public today by Captain B. S. Osbon, secretary of the Arctic Club of America, of which Dr. Cook is a member. The latter, un der date of September 11, from Pocono Manor, Pa., says: Schley Indorses Cook. "I like Cook's attitude immensely in this unfortunate, unnecessary and unwlse controversy. He certainly has been dig nified and manly in the stand he has taken." Captain Osbon followed up his letter from the Admiral tonight with a discus sion on "Who Discovered- the North Pole?" "Dr. Frederick A. Cook," he said, "was for two years my wife's physician. I saw him two or three times a week and we chatted many hours, ir I have ever known a man of Integrity, probity, -sincerity and modesty, it is Dr. Cook. " Peary Departs From Truth. "I have known also the other fellow known him to depart from truth by large margins." Dr. Cook's attitude in withholding de tails of his discovery was attributed to his desire not to anticipate the publica tion of his book. 1 "But as soon as the other claimant got within reach of the wireless," said the Captain, "he sent dispatches to everybody he could think of, but delayed informing the mother of the unfortunate Marvin, who perished during the expedition." Honor Cook as Discoverer. After a meeting of the executive com mittee of the Arctic Club of America to night, R. O. Stebben, its chairman, gave the club's attitude on the affair. "The Arctic Club of America," he said, has nothing to do with the controversy. All that the club recognizes Is that Dr. Cook Is the discoverer of the Pole and that Peary reached there. Our only de sire Is to honor the discoverer. Neither side has- proved its case to America, but since the Danish government has recog nized Dr. Cook we feel that the burden of proof now falls on his opponent. "The Arctic Club will present to Dr. (Concluded qnPagegj WAR KATHERINE COY; ROYALTY WILLING ABRUZZI-ELKINS MARRIAGE IS NOT OPPOSED BY CROWN. Family of Duke Consents It's Up to American Girl to Say Yes, Says One Authority. PARIS. Sept. 13. A high personage in touch with previous preliminary arrange ments regarding the marriage of the ruke of the Abruzsi and Miss Katherine Elkins said today that, contrary to the popular impression, the real hitch was nnt due to objections on the part of the Italian royal family but the attitude of Miss Elkins herself, ir Mia Fiiklim would accent the Duke," said this authority, "there would be no obstacle placed In the way or tne morriiuro hv his familv. I knOW the King and the royal family have offered to grant their consent, not to a mor ranntlc union but to a marriage which would Include the privileges and rank for Miss Elkins to which yie JJuae is entitled. "The queen-mother, perhaps, was not pleased with the prospect of the Duke onntrMtlnsr ft union with an American, but her objections would have been withdrawn. The Duke's fate rests with fia Trjkin. herself. If she would say the word, the Duke would be at her side tomorrow and the marriage would not long be delayed." LIVES LOST H BARN FIRE Men Sleeping in Haymow .Slept Death at Rockport. BELLINGHAM, Sept. 13. One man and possibly three corpses are in the ruins of a big farm barn which burned here early yesterday morning, says a special to the Herald, from Rockport, Skagit County, this morning. Johnson and Jensen's barn, granary and outbuildings were burned. John De Lot, sleeping in the granary, escaped to die later of his burns. Three men sleep ing in the haymow have not been seen since they entered the barn Saturday night. Tne debris will be searched today. The loss is $5000. , I LEFT ALONE, BOY DROWNS Child Escapes From Care of Neigh bor and Is Lost. ASTORIA, Or., Sept. 13. (Special.) The little 4-year-old son of Mr. and Mrs. Elias Hendricksen, of Crooked Creek. Pacific County, . Washington, "" was drowned yesterday afternoon near the family home. While the -parents were attending church they left the child in the care of a neighbor, who permitted it to play about the yard that was surrounded, by a barbed wire fence. The lad, however. crawled under the fence and went to a float in the creek, from where he fell overboard. The body was recovered some hours later. CARDINAL GIBBONS DOUBTS Wants Prohibitionists to Win, but Doesn't Think They Can. BALTIMORE, Sept. 13. "Prohibition ists all over the country are making an effort to suppress the use of Intoxicating liquors, and while I hope tliey will suc ceed, I don't think they will. Reform must come from within and not from without. You cannot legislate for vir tue." Thus spoke Cardinal Gibbons Sun day while addressing a confirmation class. "I believe," he continued, "that there is no vice like that of Intemperance, no vice that Is followed by such dire results." FOLLOWS. WIFE IN DEATH Griefstrlcken Widower Commits Sui cide by Shooting. NEW YORK, Sept. 13. Oscar Lelsner fulfilled a promise made over his wife's coffin when he committed suicide today by shooting himself through the head. At Mrs. Leisner's funeral yesterday, just before the casket was closed, Lelsner knelt beside It and cried: "I don't care, Carrie, I'll be with you tomorrow, and so will little Oscar." Today before he shot himself Lelsner tried to find his little-son and his failure to do so may have saved the boy's life. SWEDEN ENDS UNION WAR Government Takes Hand to Settle Labor Dispute. amrn-HOTM. Sert. 13. The Swedish government has intervened to settle the dispute between the Employers' Union and the Confederation of Labor, which was the cause of the recent general strike In Stockholm. Arbitrators have been ap pointed for this purpose as well as to draw up regulations for the settlement of future disputes by arbitration. AMERICAN FISHER SEIZED Ontario Inspector Captures Tug Poaching in North. WINDSOR, Ont., Sept. IS. The Ontario Fisheries Inspectors at Port Brice on Saturday seized the American fishing tug Charles F. for fishing in Canadian waters. The tug was brought to Amhurst and will be sold at auction. Army Balloonist Ascend. WASHINGTON, Sept. 13. Lieutenant Lahm, United States Signal Corps, ac companied by Lieutenant Humphreys, of the Engineers' Corps, today made an other balloon ascension, starting from the gas plant In West Washington. PRICE FIVE CENTS. HOLE IN SUTTON'S HEAD GLEAN GUT Autopsy Adds Strength to Murder Theory. SHOT FIRED FROM DISTANCE Powder Marks and Burns Not Found on Body. SKULL BRUISED AND CUT Scars of Battle Cling to Corpse All of Bones Sound Family Doctor Says Suicide Contention Is Exploded. OREGONIAN NEWS BUREAU, Wash ington, Sept. 13. An autopsy conducted today, at Arlington Cemetery, on the ex humed remains of Lieutenant James N. Sutton forever disposed of certain the ories to which Mrs. Sutton has clung from the first, but left in doubt the mooted question whether or not young Sutton was rendered unconscious by blows which he received prior to the time he was shot. Powder Marks Lacking. An Important feature of the autopsy, ac cording to Mrs. Sutton and her counsel, was the disclosure that there was no evidence of burn or powder marks on the scalp and that the hole male by the bullet entering Sutton's head was sharp ly defined and clean cut and caused no splintering or fracture. This, they main tain, completely refutes the suicide the ory, and ehows conclusively that the fatal shot was not fired by Sutton, but by some one standing at a distance from his body. It was found by examining sur- . geons that none of Sutton's bones were broken. Mrs. Sutton pinning her faith to information which came to her anony mously, maintaining from tho first that her boy's arm was broken and that there fore he could not have shot himself. Swayed by her-dreams. she believed one or more ribs had been broken and that his skull had been fractured and that he , was rendered unconscious by blows ad ministered by his assailants. Find Ghastly Bruises. Though ghastly hrulres showed clearly , th.it Sutton had been severely pounded,, j the autopsy established the fact that (Concluded on PageX) INDEX OF TODAY'S NEWS The Weather. T ESTER DAT'S Maximum temperature, 7J degree.; minimum, 56. TODAY'S Fair, northwest winds. Discovery of North role. Peary to return in time for Hudson-Fulton celebration. Paso 8. , . Former ccmpanion of Peery confirms charge. he stole Cook's stores. Page 3. Peary-Cook controversy grows bitter ana Schley champions Cook. Page 1. New York Herald warns against pirating of Cook's exclusive story. Page 5. Foreign. Katherine Elkins' unwillingness, not Italian roval famllv. prevents marriage o AbruMi. Page I. National. President Taft ready to start on Western tour today. Pane 3. Dewev praises naval target practice and says more ships are needed. I'age S. Politics. Judge Gaynor bids for all nominations for Mayor ot New York, but may get none. Page Uomeetlc. Southern California agitates for separate Bankers' convention opens at Chicago and cannon " " - New York schools crowded to capacity ana overflowing. Page 1. Lovett succeeds Harriman as head of rail roads. Loree to be operatiug head. ,i - i President Castles, of TJnion Tnrt Company, New York, commits suicide. Pago Explosion of boiler In San Francisco In jures man. uu uwoo . . W maiA hv Mrs. Sllt- ton's lawyer to confirm murder theory, page 1. Bones of two men found In Death Valley, third is sougnt In vain, fourth escapes and -accldentiy kills benefactor. Page 1. Sports. List of entries for Livestock Show all com plete, pagf 7. Northwestern League scores: Portland 2, Seattle 1; Tacoma 4, Aberdeen t); Spo kane 3. Vancouver 2. Page 7. Race results at Salem Fair. Page 7. Johnson-Ketchel fight to come off regard l.ss of result of Ketchel-Langford fight, page 7. American team defiats English for tennis championship and will play Australia. Page 7. racuic Northwest. ptate to file additional charges against Ortls riamllton.' Page 6. ChehalU County sawmills are closed Indefi nitely. Page i. State Fair opens at Salem with large at tendance. Page 6. Tax levy fixed for State of Washington. Tage 6. Commercial and Marine. Eastern trade trying to -buy Oregon hops. Page 15. Locusts threaten Argentine wheat crop. Page 13. J C- Moore Co. charters steamship Green wich to load lumber for Australia. Page 14. Excitement subsides In stock market. Page 13. Portland and Vicinity, Grand jury causes arrest of Mts. Hazel OUaddux and Frank Rodman for murder of Mrs. May Real. Page 1. William R. King announces details of big power and irrigation project for Upper Klickitat. Page 16. Affinity's letters to be Introduced by defense In Dlckereon murder trial, rage 14. Keed Institute considers plans to make Portland educational center. Page 10. Railroad men prophesy huge colonist travel this Fall. Page 18. Director Newell announces reclamation work Is to go on In state. Page 4.