Morning Oregonian. (Portland, Or.) 1861-1937, October 20, 1909, Image 1

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Judge Speaks in Tam
many Wigwam.
Candidate Seeking to Refute
Ring Domination.
Leader of World's Strongest Politi
cal Organization Hears His Ma
chine Threatened Ban
nard Ignores Hearst.
NEW YORK. Oct. 19. "And so this is
Tammany Hall? It is the first time that
I ever have been here." but. if this is
Tammany Hall, where is the tiger?"
These were the first words spoken to
night by William J. Gaynor, Democratic
nominee for Mayor, as he gazed out over
a great audience in the old structure on
Fourteenth street, known as the "wig-
warn." the headquarters of the most re
markable political organization in the
It was a typical Tammany ovation and
a typical Tammany ratification meeting.
1 no hall was packed. Although Judge
Ga nor had delivered several addresses
since his nomination, it was not until
tonight that the Democratic ticket in
Manhattan was officially ratified."
Bannard Talks Business.
Otto T. Bannard. maintaining his whirl
wind pace, but adhering closely to busi
ness issues and avoiding personalities.'
made four speeches In Harlem tonight,
but interest was centered In the Tam
many gathering.
Judge Gaynor went over 'the route ha
lias covered heretofore thrusting at W.
R. Hearst, hip rival, and criticising Ban
nard. Ho also .touched on. "personal
liberty," traction problems, subways and
other issues of Interest to the city only.
He repeated that, if there was to be any
wallowing between him and the' tiger,
he would be found on the outside. Re
ferring to the office of Mayor, he classed
It a second In importance only to the
Presidency of the United States, and said
that no office offered greater opportunity
for exerting power for good or evil."
Tries to Den; Tammany.
He sought to refute the charge that he
was strictly Tammany candidate.
While Gaynor was speaking four big
outdoor meetings were conducted from
as many platforms to accommodate the
great throng that could not get into Tam
many Hall. Fourteenth street, between
Third i avenue and Irving Place 'to the
west was jammed and the police had dlf
' Acuity in keeping order. The splutter of
fireworks, red Are and torches added to
the confusion, but no one was seriously
Inside when Gaynor announced that he
was bound by no party and to no man,
his declaration was received with cheers.
Chariea A. Murphy, leader of Tam
many Hall, was present, as were other
prominent members of the organiza
tion. Republican Shuns Personalities.
Refusing to be drawn Into any con
troversy with Hearst, who at first ac
cepted the nomination as a passive
candidate, heading the same ticket as
Bannard.' but who last night turned
against the Republican nominee and
attacked him bitterly, Mr. Bannard
"I am not spending my time abusing
other candidates, but, instead. I am
touching on different- phases of city
He refused absolutely to comment on
Hearst's attack.
Hearst rested tonight.
Gaynor is still the favorite in the
kettlng, although money for election
betting seems scarce this year, or else
those who wager on the results pf
elections Are holding .off for the situa
tion to clear up.
Gaynor Rules Favorite.
At the Hoffman House today, where
many of the election wagers are post
ed, it was sal,d that no prevailing odds
have' developed. There are wageaed.
however. $2000 to $1500. or 4 to 3.
that Bannard would be last, and $2000
was bet against $1000 on Gaynor
against the field.
In a letter to General Stewart L.
Woodford today. Governor Hughes ex
plains his declination to take part in
the local campaigu.
"'Under our system." he says, "the
Governor is the reviewing officer to
whom the more Important local au
thorities are accountable, and he should
so. conduct himself with regard to local
controversies that to the greatest ex
tent possible he may exercise thla im
portant Jurisdiction in sustaining and
dismissing charges, without suggestion
of unfairness or improper motive."
Women Win Campaign Against
Using Weed Inr Cars.
LOS ANGELES. Oct. 19. After a cru
sade lasting several months, the women
of Los Angeles have won their fight
against smoking on streetcars in thia
The Council today passed an ordinance
prohibiting smoking on the cars except
or- rear platforms.
Man Who Helped Win World"s
Series Will Charter Train to
Fill Marriage Date.
PITTSBURG. Pa.. Oct. 19. Special.)
Hamilton Hyatt, the young Western giant
outfielder of the world's champion Pitts
burg team. Is now flying towards the
West, trying to make Victoria, B. C, in
time for his own wedding Monday. Hyatt
tarried too long at Forbes Field last
night, where 50.oro Plttsburgexs were wel
coming the champions, and missed the
last train West, which would land him
in Victoria in time for his wedding.
It took Hyatt about 10 minutes to fig
ure that the next train he could catch
out of Pittsburg would not get him to
Vancouver. B. C. until almost an hour
after the time set for his wedding and
the roar sent up by Hyatt was fearful to
hear. He took the next fast train, how
over, hoping that some other train be
tween here and the Coast may be delayed
long enough to permit him to catch It
and still make his wedding date.
If not he will charter a special train and
make the last lap of his Journey and part
of his $100 world's series money will go
for that special, he said.
Slate Board Tells Great Northern
w Depots .Must Be Built.
OI.YMPIA. Wash.. Oct. 19. (Special.)
Washington's Railroad Commission
today summarily denied a petition of
the Great Northern on the claim that
the road had deliberately ignored and
neglected orders of the commission.
In addition. the commission served
notice upon, the road that it might
direct the Attorney-General to bring
action to force the Hill line to pay
many thousands of dollars' penalty,
which the law provides for failure to
comply with the orders.
The commission takes the position
the public wants the additional station
facilities rather than to flae the road,
and announces that if the company -in
good faith promptly constructs the 13
new stations, remodels and enlarges
six depots and freight houses and con
structs the many side and industrial
tracks and other improvements covered
by the original orders, no prosecution
may result, otherwise the commission
may bring suit for the penalty for each
day and for each improvement, which
would run Into thousands of dollars.
Sleepless Night and Attack of Hic
coughs Rack Weak Body.
NEW YORK. Oct. 19. Patrick H. Mi
Carren. State Senator and Democratic
leader of Brooklyn, who was eliminated
from the municipal campaign by a sud
den attack of appendicitis, which neces
sitated an immediate operation, was
again in an extremely precarious condi
tion tonight.
He has been reported as dying at va
rious times since the operation Wednes
day, but has rallied well until a relapse
today caused by an almost sleepless
night and an attack of hiccoughs, which
racked his weakened body and aggravat
ed the condition of a fluttering heart.
He Improved little If any during the
day. and tonight it was evident that his
physicians were less sanguine than at
any time since he was stricken.
Senator MgCarren continued . to grow
worse as the night progressed. At mid
night Dr. Hughes said:
"Senator McCarren's condition Is very
serious and I can give but little encour
agement, but he is making a brave fight."
Magnate Says He Has No Present
Plans to Invade California.
OROVILLE. Cal.. Oct. 19. (Special.)
M. J. Lorraine, former engineer for the
Western Pacific, who helped locate part
of that road's route through Feather
River Canyon, has' made public a denial
that he is working, in the interest of J.
J. Hill or any other railroad company In
the Investigations he has recently been
making along . the Middle Fork of the
Feather River. The report has become
persistent that he represented some new
road that Intended coming westward.
Engineer Lorraine also makes public a
letter he has received from Hill in reply
to one he wrote, 'asking as to the truth
of the statements published regarding
Hill's Intention to build Into California.
The tetter Is dated September 22. 1909.
and Is written by Hill's private secre
tary, who states he Is directed, by Hill
to say that the latter has no present
plans to build to California.
City Council, Despite Protest, Grants
Licenses In Stormy Session.
In spite of the strenuous protest of the
prohibition element of St. John, expressed
through Rev. E. G. Gates, pastor of the
Evangelical Church, who appeared be
fore the City Council last night, that
body granted two saloon licenses, one to
Thomas Glover, and one to Sherman
It was a stormy session of the Council.
In executive session that lasted two
hours. The whole liquor situation was
gone over and it was voted to grant three
licenses provisionally, so If the Supreme
Court decides the town shall have no sa
loons, these licenses will be revoked.
One other license is yet to be granted.
Two firms are applicants. F. Kircher &
Co., and E. O. Magoon. The saloons will
pay a fee of $1200 and there are to be
no alcoves, no chairs, no music and no
, curtains.
Supreme Court Remits
Fine as Excessive.
Conviction for Misuse of State
Funds Affirmed.
Members of Corporation of Defunct
Bank Responsible Personally 4
When Money Was Loaned
Out, Court Finds.
SALEM, Or., Oct. 19. (Special.) The
Supreme Court today rendered an opin
ion in the case of the State vs. J. Thor
burn Ross, affirming the decision of the
Circuit Court for Marlon County, Judge
George H. Burnett presiding, except as
to that part which says Ross shall be
imprisoned In the Multnomah County
Jail until the fine of $578,853.64 shall have
been paid. In all other respects the
Judgment of the trial court is affirmed,
and Ross must serve five years in the
Penitentiary for wrongful conversion of
state school funds, amounting to $288,
426.87. The opinion of the appellate court
is written by Justice Eakin. The ques
tion of whether the deposits made by the
State Treasurer with the Title Guarantee
& Trust Company, of which Ross was
president, were general or special de
posits, is taken up. The opinion holds
that it is evidently not the purpose of
the law that the active depositories shall
loan or be required to pay interest on
funds deposited thereunder. It is held
that "the active depositories hold the
money only as collections, and, therefore,
the deposits were special, the title to
which did not pass to the bank."
:v. Checks Recognized as Money.
Defendant urged that "the proof shows
only a deposit and conversion of checks
and drafts, and not money aa charged
In the Indictment, and that this Is a
variance." The opinion holds that
"when the trust company placed to the
credit of "Steel, State Treasurer, Educa
tional." the amount of a check. It there
by acknowledged that it had received
the amount of the check In money, and
is at least prima facie, sufficient to es
tablish the receipt of the money by the
trust company. Having decided that
the money in the hands of the trust
company was a special deposit and the
money remained the property of the
State of Oregon "and was paid out to
other persons than the State Treasurer,
It follows that this was a conversion of
the money."
Members of Corporation Responsible
Replying to contention of defendant
that the trust company, and not the of
ficers thereof, was In possession of the
money of the state, the opinion states:
(Concluded on Page 9.)
t m
Southern Railway Magnate's Daugh
ter Takes l'p Residence In
Separation State.
RENO, Nev.. Oct. 19. (Special.) Mrs.
S. P. Coyne, daughter of- J. F. Gatlns,
president of tho Southern Railway, ac
companied by her young son and brother,
B. K. Gatins, arrived In Reno today and
engaged a suite of rooms at the River
side. The party came direct from their
home in New York City. Rumor says
Mrs. Coyne will ally herself with mem
bers, of the local divorce colony.
'This 4s strengthened by the fact that
Mrs. Coyne has already lost no time In
making efforts to secure a furnished
house, in which she desires to reside for
an Indefinite length of time. Mrs. Coyne
is a young woman and girlish in appear
ance. She has already found a friend
and companion in Mrs. K. Donaldson,
wife of the prominent New York Btock
broker, herself a . divorce-seeker. The
two women have been together much of
the time since the arrival of Mrs. Coyne
Mrs. Coyne examined a fashionable cot
tage this afternoon.
Family Starving, Oil Supply Gone
When Supplies Arrive.
SEATTLE, Wash.. Oct. 19. (Special.)
The tug Gollah, which lost Its tow, the
barge Quatsino, en route from Nanalmo
for Cordova, with 2300 tons of coal last
week, arrived in port today. The Green
Island light was dark and the vessel
plied up on the reef in the night. The
lighthouse-keeper was out of coal oil, he
having used the last of his private store
of illumlnant the night before.
The Canadian government supply-boat
Quadra, with stores, was overdue nearly
a month, and the lighthouBe-keeper was
reduced to corn starch and bread, he and
his family having eaten nothing else for
nine days. The Quadra arrived the next
Oriental Charges Ben Heney With
Disorderly Conduct.
TUCSON, Ariz., Oct. 19. At a special
meeting of the City Council today
charges were filed against Mayor Ben
Heney, a brother of Francis J. Heney,
the San Francisco graft prosecutor, by
Yee Kam, a Chinese whose place of
business was entered by tho Mayor on
July 25 last, according to the Chinese.
Kam alleges disorderly conduct on the
part of the Mayor.
It is asserted that the charges are part
of an effort to oust Mayor Heney. No
action has been taken by the Council.
District of Columbia Plans to Clip
"So Help Me God."
WASHINGTON, Ocl. 19. The use of the
words, "So help me Gted." at the end of
oaths may be prohibited in the courts of
the District of Columbia, if Congress
passes a law being drafted by the Com
missioners of the District.
The bill under consideration Is similar
to one enacted by the Maryland Legisla
ture and leaders of the bench and bar In
Washington have been consulted as to
the advisability of recommending its
Jury Decides Whether
Man Tells Truth.
Austrian Whip Vehemently De
nies All Charges.
Changed Just as Wife's Family Did,
Says He, With Flash of Irony.
Maid of Alleged Affinity
Say Nothing Wrong.
NEW YORK, Oct. 19. A Jury In the
Supreme Court decided tonight whether
the second matrimonial venture of Frank
W'ork's daughter, Frances Work-Burke-Roche-Batonyi,
and the second venture
of her second husband is to be
called off, but the decision will not be
made public until tomorrow morning,
when a sealed verdict wilV be opened be
fore Justice O'Gorman.
Aurel Batonyi. native of Austria and
a former professional whip and horse
man, took the stand himself this after
noon to deny his wife's charges of im
proper conduct with two women.
Question of Veracity for Jury.
After much family history had been
aired, counsel for both sides summed up
and the court told the jurors that. If they
accepted the denials by Batonyi that he
had visited an apartment-house in Cen
tral Park West after a taxlcab ride with
Beatrice Brevaine. an actress, they must
bring in a verdict In his favor. If, on
the other hand, they did not accept the
denial, then remained to them the duty
of determining from the evidence of
the seven witnesses for the plaintiff
whether or not a statutory offense had
been committed.
When the Jury came into court again
after three hours' deliberation. It was
announced that the questions had been
decided tpon. They were therefore
sent home for the night with Instruc
tions to report in the morning.
Batonyi Makes Hot Denial.
The day was marked at the opening
with more testimony by witnesses for
Mrs. Batonyi that the Austrian whip
had been unfaithful to her. This was
followed by emphatic testimony of the
defendant, who spoke so heatedly and
with such feeling that he was admon
ished by the court. He denied his
wife's allegations, branded them as
lies': said he was hounded by detectives,
and accused Ills wife's relatives and
others of alienating her affections, in
connection with which he has a suit
for damages pending.
Mrs. Batonyi was in court all day,
but no sign of recognition passed be
tween her and the man she is suing for
absolute divorce. Batonyi, in previous
(Concluded on Page 5.)
iiimpi r inr tail mum m ni i in in
1 1 impi r irr T A lTQ
Cannon . Scores All Insurgents If
They Are Republicans, He Is
Something Else.
ELGIN. 111.. Oct. IS. Speaker Joseph G.
Cannon tonight attacked the Republican
insurgents in Congress and defended
himself in a vehement two-hour address
before the Illinois Mayors' Association.
Speaker Cannon vigorously dented that
his election as Speaker was brought
about through a deal with Tammany
Hall. The speaker also asserted that
Representative Fowler of New Jersey
was dropped as chairman of the House
currency and banking committee be
cause of his refusal to report to the
House an emergency currency measure.
"I was over, in Iowa last week," he
said, "and found that It is an open
secret there that Senator Cummins not
only purposes to Join hands with Brayn,
but says the agitation will not stop, and
that he will appeal to the people until
the tariff is revised according to his
"In this campaign to be waged by
Senator Cummins the issue appears to be
whether the seven Senators and te
20 members of the House who voted
against the tariff, bill constitute the Re
publican party or whether the majority
of the Republican members of Congress
and the President make up the Republi
can party.
"These people under the leadership of
Senators Cummins and La Follette call
themselves Republicans, but if they are,
then I am something else."
Greeks Fear Repetition of Last
Week's Fatal Shooting.
PRAIRIE CITY. Or., Oct. 19. (Special.)
A constable and six armed deputies are
guarding the Greek camp at Huckle
berry Flat, the scene of the killing of
a Greek last Wednesday night. The
white men connected with the Greek
camp. Including the cook and time
keeper, have left, fearing violence, as
various threats have teen made against
II Is believed that all trouble is over
now and that the Greeks will quiet down
and proceed with the work on the rail
road extension. One of their number
telegraphed the story of the murder to
the Greek minister at AVashington, who
replied "Let the law take -Its course."
This message has had a great deal to do
with quieting the Incensed foreigners.
Hugh Jackson, who killed Sabht,
waived n examination in the Justice
Court here, and was bound over to await
the action of the grand Jury which meets
In November.
Chippewa Indians Hungry Gov
ernment Rushing Supplies.
WASHINGTON, Oct. 11. Rocky Boy
and his band of Chippewa Indians, num
bering about 150 braves, encamped near
Birdseye, Mont., probably will owe their
rescue from death by starvation to the
promptness of Indian Office officials who
today took speedy means to relieve their
desperate plight.
Some concern was felt when a message
came today from the Indian allotting
agent at Glasgow, Mont., telling of the
conditions of the band, noted for its dar
ing, and suggesting the extremes to which
hunger might drive them.
As a result of orders issued by the War
Department to the commanding officer at
Fort Harrison. Mont., ample supplies are
being rushed to the Indians, who for
weeks have been subsisting on scant
Carriage Builders Say Their Busi
ness Is in Doldrums.
WASHINGTON, OcL . 19. Automobiles
have displaced carriages to such an ex
tent that carriage-builders are obliged
to retire from business or devote their
attention to the construction of automo
bile bodies.
In effect, this was the statement made
today by Maurice Connolly, of Dubuque,
la., president of the Carriage Builders'
National Association of the United States,
which convened here in its 35t!i annual
William L. Hall, assistant forester of
the Agricultural Department, said the
supply of hardwood from which the
bodies of both carriages and automobiles
are constructed fs diminishing rapidly.
But Crowd Believes Dranga, of Port
land, Scored Bet.
SAN FRANCISCO. Oct. 19. (Special.)
In the amateur boxing show held tonight
as part of the Portola festival, Jack Greg
gains, of San Francisco, was given a de
cision over Olmar Dranga. of Portland,
but the verdict was unpopular with the
Grecgains outpointed the Portlander in
the early stag?s, hut weakened in 'the
third round, when Dranga established a
good lead. j t
Member of Monetary Commission
Returns From Europe.
NEW YORK. Oct. 13. I'nited States
Senator Aldrlch. who was a member of
the sub-committee of the National mone
tary and banking systems abroad, re
turned to New York today on the Kaiser
Wilhclm II, but declined to discuss the
result of the trip.
i i 1 1 1 in in ii ;
uUlllu lit UnLLMlu
Labor Federation Says
Spain Murderer.
Only Security to Liberty Is
Jury Trial in Open Court.
Chorus of Denunciation Which Rlsea
Throughout Europe Joined by
Leader of American
Labor Unions.
LONDON, Oct. 20. The Daily
Chronicle's Madrid correspondent as
sert, that, owing to the Ferrer agi
tation. King Alfonso ta much de
jected. He Is suffering from in
somnia and la almost a prisoner In
the palace, having abandoned his
daily outings.
Many threatening letters are being
received dally at the palace and at
the residences of the ministers.
WASHINGTON, Oct. 19. Resolutions
fiercely denouncing the murder of Fran
cisco Ferrer, the Spanish revolutionist,
who was condemned by court martial and
shot in . Barcelona, were adopted at to
day's session of the executive council of
the American Federation of Labor. Fer
rer was referred to as a martyr.
"We in our personal behalf as well as
In the name of America's workers and the
whole people," the resolutions declare,
"express our intense indignation, horror
and strongest protest against the murder
of Francisco Ferrer by direction of the
Spanish government."
Taken In connection with the action of
the Supreme Court of the District of Co
lumbia in sentencing President Gompers,
Secretary Morrison and John Mitchell of
the Federation, to serve terms In Jail for
contempt of court, the concluding para
graph of the resolution is looked upon as
significant. It declares that:
Jury Trial Secures Liberty.
"We take this occasion of the military
murder of a man whose real offending
was speaking, writing and teaching hu
manity to become more wise, more free
and more liberty-loving, to remind the
people of our country that liberty of the
citizens is only secure when trial by Jury
and in open court for any alleged offense
Involving punishment Is guaranteed.
The resolutions say "The cause of free
speech, free press and free education has
found In Ferrer another martyr, the more
regrettable in an age when civilization
boasts of having replaced the tortures
(Concluded on Page 4.)
The Weather.
YESTERDAY'S Maximum temperature, 60
decrees; minimum, 53.
TODAY'S Kaln; aoutherly winds.
Ridrter writes Tift he was misled on PPr
duty and tariff war with Canada will
result. Page 3
Taft enjoys loafing on brother" Texa ranch.
Page 6.
Socialists come to aid of De Lara in prose
cution by Government. Page B.
Estrada holds Atlantic Coast of Nlcaraua
against Z.eiaya. Page X
Del alia of mmum of shll crew by Jtew
Biltaln aavagea. Page 2.
Swedish profeasnr. accua'd f-f bombtnrowlng.
becomes Insane. Page 4. . . . .
Russia prepares to subdue Finland. Page 4.
Speaker Cannon bids ' defiance to Insur
gents. Page 1.
Otvnors nomination ratlf'd by Tammanv
and he thrusts at Hearst and Bannard.
PaK ''
Jurv renders aealed verdict on question of
Batonvis infidelity to wife. Page 1.
Portola festival at San Francisco begins
with great enthusiasm. Page i.
Wright's airship stops In air. but cornea
safely to ground Page 7. V
Daughter of Southern Railroad president
goes to Reno io get divorce. 1. Smith's parade through red-light dis
trict of Chicago booms business of dives
Page 5.
Pittsburg ballplayer misses train by at
tending celebration and mav be too iai
for wedding al Victoria. Page 1.
Lator Federation Council denounces execu
tion of Ferrer. Page 1
President McCren of Pennsylvania Railroad,
prediits another parlr If mora
laws passed. Page P.
Celebration of 'Cornwallis' surrender heid
at Yorktown. Paga 4.
raclnc Northwest.
Suj-reme Court affirms co;i lotion of Banker
'ross. Page 1.
Recaptured convicts may be tried for re
lating guards, for which penally is death.
Tage .
Fierce gale In South seaa sveeps woman
fiom steamer's deck. Page S.
Slow progress is made In selecting Jury In
t lakesley case at St. Helens. 1'age 3.
Commercial and Marine.
Probable course of storage egg market.
Page IS.
Cash wheat and options lower at Chicago.
Page 19.
Tone of stock market unsettled. Page 1.
Apprehennlon felt for Henrlk Ibsen, now
overdue. Page m.
Big league n'nes will be seen In Portland.
Page T.
Portland and Vlrtnlty.
Car factor' In Portland will have large ca
pacity. Page 12.
Many complaints filed with Board of Equal
ization Page i:i.
J w Ballev charges Stat Board of Health
with insincerity. Page 14.
Queenle Fense. accused of buncoing Treaell
out of 1W). on trial. Page IS.
Grand Jurv delves Into connection of Order
or Washington with Oregon Trust,
rage IS.
Bertillon and "fingar print" systems adoptsd
by Portland police. Page 20.