V HMiTI AM), OHE TOD NOVEMBER 18, 1910 PKICE I'lVE CEXTS. Vol.. !.. NO. lo.oDl. ' . ' FLIGHT T COSTS S LIFE Aviator Johnstone Is Hurled to Death BRIM MID-AIR BATTLE LOST Denver Meet Scene of Horri fying Spectacle. HUMAN VULTURES PREY lenoat Ion-Mad Men nd Women Swarm Chrer wwkajte and Dead, Fighting for Soueulr--Fran-tlo Crowd Steals and Flee. DENVER. Nor. 1" With on wing-tip ef hla machine crumpleJ like a piece of paper, Ralph Jnhnstor.e. tha brilliant your avlntnr. holder of th worfda alti tude record, today dropped Use a plum met from a height of 5 feet Into tha lnclosure at Overland Park aviation field, and w lnantly killed. When the spectators crowded about the reinsure, iwarhed hlrn h! body lmr beneath th ensin of the biplane with (he Mt planea that had failed him In hit time of need wrapped about It Ilk l ahrnud. Nearly every bona In hla body aa broken. He had gambled with dath once too fu-n. but he played the name to the md. fighting roolly and grlmty to the Iat second to regain control of hla arisen machine. Kr eh from hla trlumphe It B-lmont Park, where ha had broken world' record for altitude with a light of 1714 feet. Johntone trtrd to fire if spectator an extra thrill with hla siost daring; feat, the spiral glide which had mad the Wright avlatorw famoua. Thrill Cota Life. The spectators got their thrill bat K rv.t Johns-ore Ma life. The fatal flight wu tha aeeond John itor.a had mada thli afternoon. In the first flight when be waa In tha air with Jtoxsey and Brooklns ba had gone through bla usual programme of dlpa and glides with hla machine apparently under Vrfeet control. Then Johnstone roae again and after a few elrcnlta of th eourae to rain height, beaded toward tha foothills. Btlll ascend ing ba awept bark Into a bis circle, and aa ha reached the north and of tha en cloaure he alerted hla aplral gild. Ha ni then at an altitude of about SOO feet. With his planea tilted at an ancle of almost W degreea he awooped down In a narrow circle, tha aeroplane aeemlng to (urn aim oat In lta own length. Aa ba started the, aecond circle tha middle apur which bracee the left aide of the lower plane Kara way and the wine :lna of both upper and lower planea folded up aa though they had been hinged. For a aecond. Johnrtone at tempted to right the plane by warping the other wing tip. Spectators Foresee Smash. Then the herrlrW apectatora eaw tha plane ewerra like a wounded bird and plunge atralght toward the earth. Johnstone thrown fmm hla aeat aa the noaa of tha plane enrung down ward. He caught on one aide of the wire stays between the plane and grasped one of the wooden brace of the upper plana with both hand Then working with hands and feet he fought by main strength to warp the planes so that tbelr surfaces m'ght catch the air and check his de arer, t. For a second It seemed to the white-faced spectators aimoat under htm that he might succsed. for the football helmet he wore blew off and fell much more rapidly than the plane. The hops was only momentary, how ever, for wten only about 300 feet from the' ground the machine turned com pletely over and the spectators fled wild ly aa the broken plane with tha tenae faoed boy atlll fighting grimly in Its mesh of wire and stays plunged among them with a thud and crash that could be heard over the big field. Scarcely bad be hit tha ground when enaatlon-mad men and wumen swarmed ever th wreckaae fighting with one another for souvenirs of the terrible ac cident. One of the broken stays had truat Its Jagged end almost through Jot.cslone'e hoc). IXore doctor or police could reach the acene on man bad torn this splinter from the crushed and mangled body and ran gleefulty awav. carrying Ids horrid trophy with the aviator s blood ail. I dripping from Its end. Frantic Crowd lights. Frantic, the crowd tore away the can vass from orer his body end fought for tha rery gloves that had protected Johnstone's hands from cold. Th machine fell on tha far side of tha field from the grsndand ar.d ther were but a few hundred near the spot, but physicians and police wer rushed rrma as soon as pnaalble. Fhyslclsns declared , death must have been lnexantaneoua. as Johnstone's back, neck and both legs J were broken, the bnnes of bis thighs' being forced through the flesh and lesther garments h svor. Arch lloxsey. who" In a previous flight today had reached an altitude of X00 feet, had risen JueX before Johnstone began hla fatal glide and waa In the air when th accident took place. A he swung aronnd the other end of the course ha Cofiduda aa Pass X HH1LUHG man ' : 1 CLOTH SMUGGLING BEATS SUGAR FRAUD FALSE INVOICES ROB NATION OP IMMENSE SI M. Federal Attorney nt ' York At liu'lir Big Firm to Kecover $200,000 lamage. NEW YORK. Nor. 17. United States District Attorney Wise Is seemingly de termined to recover for the Govern ment all of the money of which It Is Bald to have been defrauded during the last five years - by means of alleged false Invoices for Importations made by Joseph Brooke A Co., manufacturers of woolens, worsteds and linings, of Bradford. Kngland. and this city. Assistant District Attorney Whitney, who has. direct charge of the case, said today: - - This Is the biggest rase of its kind the Government has ever had. The frauds Involve several woolen manu facturing concerns In England. "The total amount of the duties which the Government has lost through the Importation frauds Is much .sweater than In the sugar un.lerwelghlng cases." ... After tha filing of preliminary pa pers In a suit to recover ?00.000 dam ages because of the alleged undervalu ation frauds. Assistant District -Attorney Whitney obtained a writ of attach ment upon which Marshal Hlnkel seised the entire stock of Brooke A Co. Mr. Wbltney . today . obtained from Judge Hazel 2 additional writs of at tachment, which have been served on certain banks and firms to prevent the collection of sums on deposit and ac counts receivable. . . TRAVELING SOLE EXPENSE Candidate) Saja "Too Poor to Bny Cigars, Drinks, Candy or Gum." DENVER, Nov. 17. "My traveling expenses wsra my board and lodging. Gave no cigars, drinks, candy or chew ing rum. Waa too poor to do more." declared John B. Stephen, defeated Re publican candidate for Governor, who today filed his campaign expense ac count with the Secretary of State Stephen apent Ills, divided aa fol lows: To' the Kepubllcan state committee f 1150, for traveling expenses I14. HILL YIELDS 13 POUNDS Washington Man Show ie Potato From Single Piece) or Seed. - VANCOUVER, "wish.. Nor. 17. (.Special.) Thirteen pounds In IX po tatoes, all grown In one bill from one seed piece, la tba record of C O. Shaw, of Fruit Valley. Tha potatoes were planted In tha hlU July II and dug November 14. four months later. They were not Irrigated: HOLDER OF WORLD'S ALTITUDE RECORD. WHO WAS KILLED BY FALL OF AEROPLANE. i .'.--- r i t j'w-? :' i - ' i -cr " .. -; ABOVE. KAtTU JOHNSTON B Uavi.UW, JUllNSlW.Mfi A.D Ul UirLANE. EARLY ACTION ON TARIFF POSSIBLE Democrats May Try for Extra Session. FILIBUSTER PART OF FLAN Spiking of Appropriation Bills Would Force Issue. PARTY, HOWEVER, DIVIDED (; rate Doubt Exist Whether lac Hons Can Agree on Policy. hut Taft's Single SelM'dnle Idea May Be Adopted. BT HARRT J BROWN. OREGONIAN NEWS BUREAU, Wash ingtonNor. IT. The report cornea from Democratic sources that a filibuster may be Inaugurated during the approaching- short session of Congress to prevent the passage of the regular ap propriation bills, thus forcing the call ing of an extra session of the new Congress next Spring. Tha object of such a move. It is said. Is to give the Democratlo House of Representatives an early chance to paaa a tariff bill, thua putting the tariff .question square ly up to the Senate, In the hope that the Democratic minority of that body, aided by the rotea of six of more In surgent Republicans, can modify great ly the Payne-Aldrlch law and send their substitute to the White House for approval or veto by President Taft. Democrats Split on Tariff. No such plan as this Is likely to be undertaken unless the Democratic lead r. after full and careful consideration of the 'situation, feel convinced that ther can accomplish something, .in tne rirmt ni&na. It will be necessary to find out Juat what tba Democrats In Con gress are willing to do In tna way or ..4rf ..iHiinn. It waa disclosed at the special session mora' fharr a -yeaT o" that the Demoorats are as aiviaea on tariff u the ReDubllcsna. Hare they come together alnca the election? Has Champ Clark, tha prospective Dem ocratic speaker, abandoned hla Idea that the Payne-Aldrlch law should be sap planted by a tariff for revenue only act? He said so once on the floor of (Concluded on Page 5.) INDEX OF TODAITS NEWS The Weather. TESTERPAT'S Maximum temperature. 4T flVicreoa; mlntmuma 41 depreea. TOliAY'd Rain; aoutheaat wlnda. ForelSTi. Brltlnh Tories prefer reform of lxrds to loaa of veto power. Pais 16. Miracle alone now all that will aave dying Count Toletol. Page 1. NatlooaL Demnrrsts may fillbunter to compel extra aeanlon and tariff action, rage 1. Vancouver troops ordered to Philippines In April. Pare 9. Cl'Xh-nmusslIng at New York aatd to rob Uoverniu'-nt of larger auro tlian augar fraud. Paga 1 Government loses $30,000,000 suit agalnut Standard Oil Company of Indiana. Page 2. Prerldent Taft aalla from Colon, pralelng Canal's progress; American employes strike. Page 4. Sixty armed Mexicans march on Texas town. Page 4. Parlflc Congrena asks for fleet to defend Coaat. 1'age l. Politics. Governor-elect West's plurality la; about U8. Paga 16. ' In coming Lerlnlature S3 of 80 members will be Republicans. Page S. IMtmeetlc. Bovton society belle Is now devout nun. Page I. ThrlllliiR flight at Denver aviation meet cosla life of young blrdman. Ralph John- ttinr. Page 1. Labor unlone will llww hand in Ixs An- g-c fight. Tags 0. Electrical Workers' controversy before St. Uiiii labor convention to be threshed out. Page 2. Sport a. Multnomah football team expects victory over Oregon despite defeat by Willamette, Page s. , Commercial and Marine. Flurry In local wheat marke. la over, page 1 Wheat prices advanced at Chicago by manip ulation. Page 2a No apeculatlve demand for stocks. Page 21. Hog prlrea steady st Portland yards. Page 21. Wheat rates for veaaela to San Francisco weaken. Page 20. pacific Northwest. Prosecution of Curtis Helvey indicates Smith waa killed from ambuah. Page 7- Sadden sale of 000 cars of wheat St Walla Walla makes farmera Jubilant. Page I. Hood River man's exhibit wlna grand sweep stakes at National Apple Show. Page 0. rertland and Vicinity. Portland civic bodies decide to make no pro teat against official canaua. Page 14. Jury In damare ult eigne verdlcta for both plaintiff and defendant. Paga 12. Poll deny third degree" waa adminis tered to counterfeiter. Page 14. Harvey Lambert wcepa when counsel tells story of wrongs, page 12. Klaw aenda aarcastlc telegram about Helllg view of theater quarrel. Page 16. Ko apeclal council meeting will be held to day to Set on O .R. ft N. street vaca tion. Page 15- Elka vote 2."..00 fund for grand lodge 1012 eonventljn. Page 5. Patrolmen Croxford and Stahl honored for bravery. Page 11 SEAMEN TO BE PROTECTED Hevenue-Cotters to Patrol Atlantic Through Winter Season. WASHINGTON. Nor. 'IT. The Win ter's toll of shipwreck and death along the Atlantic Coast probably will ba lessened thla year becauae of an order President Taft baa given for the pro tection of seafaring men. On December 1. 10 of the revenue cutters on the Atlantic aide will go to sea from their home stations to a general patrol, which will not end until April 1. 1911. The WoodDury. ure ahnm Acnxhnet. Mohawk. Onondaga. Apache, Pamllcd, Bemllo and Yama- craw have been chosen for the work. With the exception of brief visits to nnrta for auDDlles they will be continu ally at sea. patrolling the coast from Eastport, Me., to Cape Canaveral, r la. Ijint vear the revenue cutters brought relief to 160 vessels and saved manv lives. The cargoes of saved ships alone were valued at more than 110.- iOO.000. WOMAN, 92, SWEET SINGER "Aunt Polly" Smith Delights Guests at Birthday Celebration. DAYTON. Wash.. Nov. 17. (Special.) Despite her 92 years, the completion of whli-h she celebrated on Wednesday night, "Aunt Polly" Smith, pioneer of the Pacific Northwest, showed that she still possessed, in a remarkable degree, her old-time charm as a vocalist. Before a company 'of guests she sang In a voice which was at once 'clear, strong and vibrant. "Silver Threads Among the Gold." In. her younger days "Aunt Polly" waa a singer of more than usual talent. Mrs. Smith is the oldest woman living In this part of the state. She lives alone, docs her own housework and en Joya life to the' fullest measure. RANCHER KILLED BY KICK Wealthy Wheatgrower Found Dead In Stable Near Horses. PENDLETON, Or., Nov. 17. (Special.) John Tlmniernian. one of the wealthiest whestcrrvTvers In I'mstllla County. waa kicked to death by one of his horses to day. His body was found lying behind Ihe heMs of the horseg In the stable at hie farm home, a mile east of Helix. He had apparently been Itlcked more than once, for his skull waa fractured and the lmrrint of a hoof on hla abdo men showed he had also been struck there. Either blow might have caused death. Tin-merman wet 46 years old and losves a wife and e"verl children. TAXI DRIVERS HURL ACID Policeman Stands Off Strikers Dc eplte nnrns Draws Revolver. NEW YORK. Nov. 17. A mob In sympathy with' the taxlcah chauffeurs who went out with the express drivers and helpers and then formulated de mands of their own which the major companies have not yet granted, at tacked a strikebreaker this evening and threw a hottle half filled wltli -arbollc acid at the policeman who was trying to take him home. The acid burned the officers font and one arm but in stuck to bis charge until brother offi cers came to his aid. PACIFIC CONGRESS ASKS FDR FLEET Country Declared Un prepared for War. COAST'S ODITiCN HELPLESS General Morton Asks Mobile , Army for City Defense: . GILLETT SPEAKS OF FAIR Plea Jfndo ' for Greater Sferchant Marine That Panama Canal Sray Be Used hy American .Vessels. Japanese Compet It lon Cited.' SAN FRANCTSCO, Nov. 17: The de fenseless condition of the Pacific Coast and the unpreparedness of this country, as a whole, for war was tha most Im portant feature of the addresses made today at the opening of the Pacific Congress. The roll call of delegates shewed representatives from Washington, Ore gon. Idaho, Nevada, Utah, Arliona. New Mexico and California. After an automobile rfde through the city and to surrounding points, during which an inspection . was made of the sites offered for the Panama Pacific International Exposition In 1915, tha delegates assembled In the convention hall and were formally welcomed to the city by Mayor P. It McCarthy. Governor Gillett then outlined the purposes of the conference, saying that, besides giving Impetus to a movement for the establishment of a fleet In Pa cific waters and the creation of a closer commercial communication with the Far East by providing American ships to handle the American cargoes, the congress could, at this session, ' more fully discuss the prospects and plans for the holding of the world's fair here In 1916 and effect a permanent organi sation that would forever prove bene ficial to the states on this side of the continent. v .The most Important speaker of the day was Brigadier-General Charles F. Morton, U. S. A., retired, of Seattle, representative of Senator Piles. He made a plea for the establishment of a fleet for the sole protection of this (Concluded on Page d.) FOUR PORTLANDEBS AMONG DELEGATES . AT PACIFIC COAST . CONFERENCE. n a - ft ( X ' & M 1 1 xi ' U ;f;'.' I- I'.,. V '.' .h '-'7 - '.' 7 k -' 'H ....... 1 i - . i I if ABOVE, EX-SENATOR C W. FriTOS AND HARRY LADD CORBETT BE IXW, 1II'S IX 'WHEJEjL'W RIBHT Ai 11 C W. flUMiOH. , SOCIETY BELLE IS NOW DEVOUT NUN MISS HENRIETTA DCSTIX, OP BOSTON, TAKES VOWS. As Sister Theresa, She Takes Place In Carmelite Order nt What Was Once R. L. Slevens-on's Home. SAN FRANCISCO. Nov. 17. (Special.) When the brown-robed Carmelites tiled Into the chapel this morning at their home on Hyde and Lombard streets, a new nun, who, until 24 hours ago was known to the world as Miss Henrietta Dustin, took her place with them with as much simplicity and usualness as If It were not only six months since she re nounced the life of a society belle of Bos ton to' enter the' strictest of religious or ders., Her reception ihto the Carmelite community ' took place with elaborate ceremony. Bishop D. J. O'Connell offi ciating. . She has taken the name of Sister Theresa. At her first entrance into the chapel Miss Dustin was gowned In white satin, with a long tulle veil and wreath of orange blossoms in her hair. Her sister. Miss Mildred Dustin, who attended her, was. also In white. On her second ap pearance In the chapel, when she re ceived the name of Sister Theresa, she was in the usual . Carmelite habit. Miss Dustin Is the first girl who has entered the Carmelite convent since the establishment of the order In the houne that was formerly the Robert Louis Stevenson home. . The p lcturesque place on Hyde and Lombard streets was bought for the or der by Francis J. Sullivan about the time his second daughter. Miss Ada Sul livan, entered the religious life. TIDE FLOODS BASEMENTS Sea Rises to Ten-Foot Stage, High est of Season, at Astoria. ASTORIA. Or.. Nov. 17. (Special.) The highest tide of the .season, thus far, took place this afternoon, when a 10-foot stage was reached, but aside from the flooding of a few basements no damage has been reported. Another similar tide will occur to morrow afternoon, but no trouble Is anticipated unless a gale should come up. "SALOON" ISJNOW "CAFE" Jersey City Idqnormen Also Substi tute "Server" for 'Bartender." NEW YORK. Nov. 17. "Saloon" has gone out of existence In Jersey City. , By edict of the Hudson County Liquor Dealers' Association it became known today the word "cafe" Is here after to be substituted. Further, it is said, the term "bar tender" has been done away with, now being known officially as "server." at V .! 1 - ' - V MIRACLE ONLYCAN SAVETDLSTOI Heart Responds Feebly to Restoratives. LIFE IS HANGING IN BALANCE Aged Russian Is Delirious During Long Day. CHURCH RUSHES TO RESCUE Greek Synod Hurries Bishop Cyril to Dying Man to Gather Hlru Into 1 Fold Countess Cannot See Aged Husband Xow. ASTAPOVA. Russia, Nov. 17. Althdugh hope has nof yet been given tip. the at tendants of Connt Tolstoi recogniia his life Is In the balance and that, although the strong constitution of the great Rus sian has, carried him through other grave struggles against disease, his sys tem has become so weakened and his heart has responded so feebly to restor atives, that it will be almost a miracle if he recovers. In the early stages of the inflamma tion of the lung, from which he is suf fering. It was the temperature that gave cause for anxiety; now it is the heart. Patient Often Delirious. The patient's temperature was not par ticularly high today, but the heart action was extremely bad. Tolstoi alternated part of the time between unconscious ness and delirium. Early tonight it was announced the In flammation had been confined to a com paratively small section of the lung and that expectoration was free. The heart, however, caused constant anxiety.' Strophantus, a powerful stimulant, . was administered. Oxygen was cot resorted to at any time. The physicians have issued frequent bulletins. In which they refer to the persistent temperature. A clyster was administered as a means of relieving this, and as an Immediate result the patient's temperature fell from 101.6 to 100, less, however, than was ex pected. , Critical Night Foreseen. Temporarily there was easier breath ing and the pulse dropped slightly. The patient faces a critical night. An exhortatory telegram addressed to Tolstoi by Antonlus, metropolitan of St. Petersburg, presiding over the synod, and the departure of Bishop Cyril for Astapova marks the extreme solicitude of the church to gather Tol stoi Into Its folds. The text of the telegram from An tonis is as follows: "Since the first moment of your rup ture with the church I Incessantly prayed, and pray now, that God may re store you to the Judgment scat. I Im plore you in your sickness now to rec oncile yourself with the Church and the orthodox Russian people. May God bless you." Count Tchertkoff and the other at tendants decided that it wag unthink able to submit the telegram to Tolstoi in his present condition. At the time of the writer's serious Illness at Crimea in 1900 a similar ex hortation was sent to him and secret orders were dispatched to Crimea to allow only the representatives of tho church entrance to the bedchamber during his dying minutes, as the synod had determined in any case to bury him. 'Answer Is Typical. On that occasion, when he regained consciousness, Tolstoi directed this an swer to the clericals: "Even in the face of death, twice two makes four." Counteas Tolstoi has not been admitted to the sick chamber, and even the fact of her arrival has been concealed from Tolstoi, lest knowledge of her coming should excite him. The Count was not pleased when the presence of his son Serglus wag made known to him. When SergliK entered the room and was recognized by his father, Tolstoi was plainly angry, and showed his annoyance by asking: "Why did you come? How did you know that I was here?" Tho younger Tolstoi pretended he had learned of his father's whereabouts from railroad conductors!, but the Count waa not satisfied with this explanation. At the same time Tolstoi was delighted at the arrival of his friend. Count Vladi mir Tchertkoff. The latter remains con stantly at the bedside with the physicians and Tolstoi's daughter, Alexandra. Ill as he Is. his physicians have hum ored him by allowing him to read news papers and look over his latest and favorite book, Hadji Murat. He had been permitted even to dictate to Alexandra a part of a new article. A crowd of presm correspondents occupy the platform of the railway station at Astapova. Maxim Gorki Hears News, Faint NAPLES, Nov. 17. Reports from Capri say that when Maxim Gorki heard of the nimnreri death of Tolstoi, he fainted. It was considerable time before he was re-1 vived, and hl condition Is considered wrinun He explained his emotion by saying the death of Tolstoi to Russian! I could only be compared to the death 01 Dante to Italians, f 4