"9
I
PAGES 17 TO .24
VOL. XXI.
PORTLAND, OBEGOIS, SUNDAY MORNING, SEPTEMBER 28, 1902.
NO. 39.
;',B"" i
PART THREE ;
Baldwins, Father and
Son, Convicted.
MERCY FOR THE BOY
''Seventy" Baldwin, Fighter's
Uncle, Goes Free.
MANSLAUGHTER THE CRIME
After Long: Deliberation, Jury Find
Verdict Wlilcli Surprises the Ac
cused Crime Clearly Defined
by the Court.
William Baldwin, the father, and
George W. Baldwin, alias Shorty, the
son, were found guilty by the Jury of
manslaughter. The verdict was returned
yesterday afternoon at 5:15 o'clock. In
the case of Frank Baldwin, alias "Sev
enty," the uncle, the Jury brought in no
verdict and ho was discharged from cus
tody. The Jury In Its verdict recom
mended George W. Baldwin to all the
possible mercy of the court, but made
no recommendation as to the father.
The verdict was signed by E. B. Gladden,
the foreman of the Jury. The case was
submitted to tho Jury at 1:30 P. M.
The defendants, by their actions,
showed that they were disappointed at the
result, and that they all expected an
acquittal. After the verdict was read the
question of allowing the convicted i'en
to continue at liberty on bail was dis
cussed. The amount of the bond of Will
iam Baldwin is $500, and that of George
W. Baldwin $1500. It was finally decided
to let them go, with the understanding
that the ball of William Baldwin will be
increased Monday. Sentence will not be
pronounced until a motion for a new trial
Is disposed of.
W. T. Vaughn, attorney for the defense,
made a strong argument in behalf of his
clients, and District Attorney Chamber
lain followed. He spoke for an hour and
a half, making an eloquent plea for con
viction, and said the fight throughout,
c. far as the Baldwins were concerned,
was unfair and brutaL
Judge George, in his charge to the Jury,
thus denned manslaughter:
"Voluntary manslaughter may occur
where a killing is done intentionally, and
Involuntary manslaughter may occur in
an accidental killing of a human, being In
the prosecution of an unlawful act, or the
Improper performance of some lawful
act."
The court further said that .man
slaughter might result as the outcome
of an unlawful act. If two men -were
engaged In a prizefight, and the death of
one of the participants occurred, the
death occurred because of an unlawful
act, prizefighting being unlawful under
tho statute.
The court also instructed tho Jury that
If there was a mutual agreement to fight
to an extent that would injure each
other, and they did fight to that extent,
that was an unlawful act, although they
did agree to it in advance.
The charge of Judge George was long
and comprehensive, and declared gather
ings of men to promote disorder and fights
unlawful and subject to condemnation
and punishment.
AMERICANS TOAST QUEEN
Delegate "Wilcox Tenders Senate
Committee a- Party in Hawaii.
HONOLULU. Sept 20. via San Fran
cisco, Sept. 27. The members of the Sen
ate committee on Pacific Islands and
Porto Klco completed the hearing of tes
timony for the present In Honolulu last
Tuesday and sailed for Hilo Wednesday
morning. On Tuesday evening Delegate
and Mrs. Wilcox gave a lau or native
feast in honor of tho party. All the
members of the committee and the ladles
of their party wero among the guests,
which numbered about 200. Senator Bur
ton, of Kansas, took Mrs. Wilcox to
table and proposed the first toast of the
evening, which was to Queen Liliuokalanl,
the toast to the President of the United
States being proposed by Delegate Wil
cox some time later.
Remarkable Feat of Swimmer.
HONOLULU, Sept. 20. via San Fran
cisco, Sept. 27. Three South Sea Island
ers went in a small canoe from Maul on
the morning of August 29 to fish. Their
canoe was capsized by the wind. They
righted the canoe and two of them got
Into it, but as tho water had not all been
balled out, the canoe sank low in the
water with them. Tabekal. the third
man, decided there was no room for him
In the canoe, so he struck out and swam
to shore, a distance of eight miles. This
Is a remarkable feat, and was equaled
only In the old days, when the Hawailans
"were famed for their prowess in the
crater. Tarurm, one of the men who re
mained with the canoe, was drowned1 in
the breakers while trying to land on Molo
kai. Vnited States Rejects Offer.
HONOLULU. Sept. 2L via San Fran
cisco, Sept. 27. The offer of the Honolulu
Plantation Company to compromise the
appeal in the case of the United States
against the plantation company to con
demn a S2-year lease to 5G1 acres of land
at Pearl Harbor, desired by tho Govern
ment for use as a naval station, has been
rejected by tho naval officials, and J. J.
Dunn, the Assistant United States Attor
ney, will proceed to San Francisco next
week to fight tho appeal taken by the
Government from the Judgment of 5103.000
awarded the plantation company at the
last trial.
Record for Blnposlng of Murder Case
CHICAGO. Sept 27. Assistant State's
Attorney John Newcomer has made a
record for the public prosecutors by im
paneling a Jury, presenting his evidence,
securing a verdict arguing a motion for
a new trial and listening to tho sentence
of the prisoner to tho penitentiary within
35 minutes. This record was made In the
case of C. A. Johnson, against whom six
Indictments were returned by the last
grand Jury. Johnson was arrested sev
eral weeks ago in Milwaukee, charged
with obtaining money from a, Chicago
man under false pretenses.
TALL BUILDING COLLAPSES
Large Crotvd of People Have a Mi
raculous Escape From Death.
WASHINGTON, "sept 27. The front
portion of the nine-story office building
under construction for Henry S. Wlllard,
on Fourteenth street, opposite the new
Wlllard Hotel, collapsed shortly after 8
o'clock this morning, ,and a large crowd
of people passing on their way to busi
ness had a miraculous escape from death
or injury. The accident was caused by
overweighting the iron column supports
for the front wall, the pillars being in
sufficient to sustain the weight of the
800 and 100Cpound stones which were
being plied as a sill coping on the sixth
floor. These Immense stones and a part
of the iron framework fell to tho ground,
but fortunately the noise of the crash
gave sufficient warning to the 40 workmen
employed and to the passersby. Only one
SCORES ROOSEVELT FOR
CONTROL OF INDUSTRIAL COMBINATIONS.
JAMES J. HILL, THE
man, a laborer named Washington Gor
don, was injured, but he was able to re
turn to work.,
An Unparalleled Record.
NEW YORK, Sept 27.-Statlscs juet
made public show that in the past month
the Equitable Life paid in the United
States and Canada every one of Its 1C0
death claims, amounting to $5G7,000, with
in one dliy after receipt of proof, and dur
ing no other month of the year has the
percentage been below 9S. This excels the
company's own great record for prompt
ness, and never as yet has 'even been ap
proached by any other life insurance com
pany. July Convict -Labor Account ? 1-511.
SALEM, Or.. Sept 27. Special.) The
Loewehberg-Golng Company today paid
its convict labor bill for July, .$1252. This
Is one of the largest labor accounts for
several months.
OFF FOR NEW POST
Ambassador Herbert Sails
v From England,
GLAD TO COME TO AMERICA
Diplomat1 Says It Is Only Country
Where He Feels Thoroughly at
Home Predicts Continuance
of Friendly Relations.
LONDON, Sept 27. "It Is Just like- go
ing home," said Sir Michael Herbert to
a representative of the Associated Press
prior to salllns for New York today on
tho Campania. The new Ambassador to
the United States, who Is accompanied by
Lady Herbert, expects to stay a couple
ADVOCATING NATIONAL
RAILWAY MAGNATE.
of - days In New York and then go to
Washington.
"It always seems to me," continued the
Ambassador, "that Washington Is the
only post in the British diplomatic service
where one feels thoroughly at home. Of
course, our common language has a great
deal to do with this. I am looking for
ward hopefully to maintaining those
friendly relations between the United
States' and Great Britain which havo now
come to be regarded as normal. Some
times, of course, the interests of the two
countries differ, but on the whole there
really seems to be a genuine understand
ing. Of course, I nm first of all an Eng
lishman, or I should not be an Ambassa
dor, but If I am not living in my own
country; I would' rather live in America."
The Ambassador evinced keen Interest
in the progress of the Roumanian nego
tiations. "It Is rather a now departure for tho
ALL READY FOR THE
ASSEMBLY AT THE STARTING POIXT,
Bad weather Interfered with the plans of the Portland Hunt Club yesterday. Ten members met at the. rendesvous at Park and Burn
Bide at 2:30 P. M., and discussed the practicability of carrying out the proposed run .'cross country. Owins to the wet roads and heavy
going, those who had turned out decided to so in a body to IrvlnRtoa racetrack, where they witnessed the afternoon's events. The tlm '
of the nsxt meet will depend on weather, conditions.
United States, is it not?" he was asked.
"We are backing It up. Ye3, I have
heard that Germany has disassociated it
self from Secretary Hay's suggestion., but
I understand that Great Britain will back
it up."
STORAGE OF WATER PAYS
Irrigation Gives Beat Returns With
. Fruit and Least With Alfalfa.
WASHINGTON, Sept. 27. The third an
nual report of the irrigation Investiga
tions of tho Department of Agriculture
made under the direction of Elwood Meade
says that averages of measurements em
bracing nearly all 'of the arid states show
that during the past three years enough
water was turned Into the heads of ditches
during the Irrigation season to cover the
land irrigated to a depth of 4.45 feet,
or stated, in another way, 4.45 acre
feet of water were taken from streams for
every acre of land irrigated.
A large part of this water supply was
lost In transit tlvrough seepage, the leak
ago being especially great where canals
run through sandy or gravelly, soil. Mea
surements at the heads of laterals showed
an average loss In the main canals of
11 per cent Measurements made at the
margins of fields on six large canal sys
tems showed that only 42 per cent of
the water turned in at the head gates was
delivered to farmers. This large loss
through seepage Is one of the significant
features of those measurements,, and
shows that better construction of distrib
uting works Is one of the directions in
which great improvement Is possible.
Another Interesting table in the report
shows the value of crops grown for each
acre foot of water used. They vary from
51 32 an acre foot to $122 an aero foot, wa
ter bringing the least return when used
on alfalfa, and the largest return when
used in irrigating nursery stock. It also
was shown that crops which require irri
gation in the last half of the Irrigation
season have a far greater 'alue than
those which require irrigation during the
first half, the average value per acre of
crops which have to be Irrigated In the
last half of the season being $49 39 an acre,
while crops which require irrigation only
in the first half of the- season havo an
average value of only $17 S3 an acre, a
difference of $31 5G -an acre In favor of
late crops. These, however, have to be
watered when streams are low and water
scarce. As a rule this water supply can
be had only through storage, and tho
cost of Teservolrs has to be charged
against the extra value of the crops.
Experience shows, however, the report
says, that the storage W water pays
farmers, and will increase largely the
productive value of Irrigated lands.
Arid land conditions. In Central Mon
tana, heretofore unknown to the Depart
ment of Agriculture, were discovered by
Mr. Mead. He says he found, more large
areas of arid land there with crops In
successful growth on them than he had
ever supposed were possible. In a ma
jority of seasons, he says, crops can grow
on these tracts without any irrigation,
and with very little water much less
than is actually required for growing
crops these crops can be grown very suc
cessfully every year.
The area Involved is along the mountain
slopes south and east of Great Falls,
Mont The Department of Agriculture
regards the discovery of these arid land
conditions as Important, and co-operative
work will be undertaken by the Govern
ment It is purposed to study the means
of saving and making available the water
supply from the mountain slopes. Tho
Government work will be under the direc
tion of Professor Fortler, the director of
tho Montana Agricultural Experimental
station. Similar nonirrlgated, arid land
crops are grown In Milk River Valley, in
Montana, and. In many parts of the Da
kotas. AMERICA ACTED ALONE.
Hay Did Not Consult Britain About
Appeal on Behalf of Jevrs.
NEW YORK, Sept. 27. Continual ru
mors that the British Government was
consulted by the State Department before
an appeal was made by the treaty pow
ers on behalf of the Roumanian Hebrews
are not well founded, declares a London
dispatch to the Tribune. All the powers
were treated on terms of equality, and
there were no conferences in advance with
Lord Lansdowne. The promptness with
which tho Foreign Minister took up the
eubject was characteristic of the ad
ministration of his office, but not a proof
that Great Britain and the United States
arc hunting together in the diplomatic
field. He Is a glutton for work, and
keeps fully abreast with the routine of
the Foreign Offices, whero business is sel
dom in arrears. His action on this ques
tion was sympathetic, the dispatch adds,
but was not the result of a prearrange
ment HUNT CLUB RIDE
PARK AND BURNSIDE STREETS.
FOREST RESERVES
Policy of Government in Pro
tecting Timber.
PRESERVING FOR FUTURE USE
Much Opposition Comes From Mlsnn
' demtanding Rights and Privileges
to Be Granted Settlers, Min
ers and Stockmen.
SALEM, Sept. 27. (Special.) The dis
cussion which has -taken place through
the press concerning the proposed Blue
Mountain forest reserve shows that there
is much misapprehension regarding the
STARTS FROM ENGLAND
AMBASSADOR TO
policy of the Government in tho control
of such reserves. The new reserve, if
created, will be governed, presumably, ac
cording to tho rules and regulations pro
vided for all forest reserves. At tho be
ginning of a discussion of the reserve
question, which Is assuming large pro
portions, It is desirable that all should
have a correct understanding of tho
rights and privileges which settlers, min
ers and stockmen will be given on the
reserve. The following excerpts from tho
laws, rules and regulations, while not
containing the details of the procedure
for securing privileges on the reserve,
show the rJghta which are granted in ex
isting reserves.
It is quite generally contended by tho
opponents of the reserve, and almost as
MICH HBRBBRT.
' i
gerierally admitted by the advocates of
the creation, of the reserve, that a very
considerable area of land has been Im
properly Included In the territory with
drawn from settlement Probably the re
serve movement would have met with but
very little opposition If those who have
the matter In charge had not been over
zealous in their efforts to create, a large
reserve. While It is provided that land
found to be more valuable for agriculture
or mining than for forestry purposes
may be withdrawn from the reserve and
reopened to settlement, people .are not
satisfied with that manner jot procedure.
Object of Forest Reservation.
"Public forest reservations, are estab
lished for the purpose of securing a per
manent supply of timber for the people
and insuring conditions favorable to con
tinuous waterfiow.
"It is tho intention to exclude from
these reservations, as far as possible,
lands that are more valuable for tnc
mineral therein, or for agriculture, than
for forest purposes; and where such lands
are embraced within the boundaries of a
reservation, they may be restored to set
tlement location and entry."
The act of February 24, 197 (29 Stat.
594), entitled, "An act to prevent forest
fires on the public domain," provides:
"That any person who shall willfully or
maliciously set on fire, or cause to be
TO TAKE UP HIS DUTIES AS
THE UNITED STATES
set on fire, any timber, underbrush, or
grass upon the public domain, or shall
carelessly or negligently leave or suffer
to burn unattended near any timber or
other inflammable material, shall be
deemed guilty of a misdemeanor, and.
upon conviction thereof in any District
Court of the United States having Juris
diction of the same, shall be fined in a
sum of not more than $5000, or be Im
prisoned for a term of not more than two
years, or 'both.
"That any person who shall build a
campflre, or other fire, In or near any
forest, timber, or other Inflammable ma
terial upon tho public domain, shall, her
fore breaking camp or leaving said fire,
totally extinguish the same. Any person
falling to do so shall be deemed guilty of
a misdemeanor, and. upon conviction
thereof In any District Court of the
United States having jurisdiction of the
same, shall be fined in a sum not more
than 51000, or be imprisoned for a term
of not more than one year, or both.
"That in all oases arising under this
act the fines collected shall be paid Into
the public school fund of the county in
which the lands where tho offense was
committed are situate."
The rules further provide:
"Large areas of tho public forest are
annually destroyed by fire, originating in
many Instances through the carelessness
of prospectors, campers, hunters, sheep
herders and others, while In some cases
the fires are started with malicious in
tent. So great Is the Importance of pro
tecting forests from fire that this de
partment will make special effort for the
enforcement of forest fires In the reser
vations in violation of tho above provi
sions." Tho law of June 4, 1837, for forest re
servo regulations also provides that
"Tho Jurisdiction, both civil and crim
inal, over persons within such reserva
tions shall not be affected or changed by
reason of the existence of such reserva
tions, except so far as the punishment
of offenses against the United States
therein Is concerned; the intent and mean
ing of this provision being that the state
wherein any such reservation Is situated
shall not, by reason of the establishment
thereof, lose lt3 Jurisdiction, nor the In
habitants thereof their rights and privi
leges as citizens, or bo absolved from
their duties as citizens of the etate."
Public and Prlvnte Uses.
It is further provided that
"Nothing herein shall be construed as
prohibiting the egress or ingress of actual
settlers residing within the boundaries of
such reservations, or from crossing the
same to and from their property or homes;
and such wagon roads and other Improve
ments may be constructed thereon as
may be necessary to reach their homes
and to utilize their property under such
rules and rfigulatlcjns as may be pre
scribed by tho Secretary of the Interior.
Nor shall anything herein prohibit any
person from entering upon such forest
reservations for all proper and lawful
purposes, including that of prospecting,
locating" and developing the mineral re
soures thereof; provided, that such per
sons comply with the rules and regula
tions covering such forest reservations.
"The settlers residing within the ex
terior boundaries of such forest reserva
tions, or In the vicinity thereof, may
maintain schools and churches within
such reservation, and for that purpose
(Concluded on Pace 23.)
Roosevelt's Plan Dis
pleases Magnate.
WANTS CAPITAL LET ALONE
National Control Over Com
binations Objected To.
HONEST TRUSTS NOT HARHFUl
Rnilvrny President Holds If the
WronK-Docr Is Punished tho
.Much-Mooted Industrial Ques
tion Will Take Care of Itself.'
ST. PAUL, Sept 27. In an address at
the Grant County Fair, at Elbow Lake,
last evening. President J. J. Hill, of tho
Great Northern Railway and Northera
Securities Company, nald:
"Your chairman said that there are a
great many peoplo apprehensive of tho
great industrial enterprises which are
being carried on, and well they may be.
There are so-called industrial enterprises
whose only industry is In running print
ing presses to print shares of stock. I
tell you there is no harm In enter
prise. If there are five oufof ten of them
that aro good, there is no bad in them,
and when you put them together thero
is no bad In tho entire mass. But, If tho
object Is to get something for nothing; to
get something that does not belong to
them; to get money out of another man's
pocket, the money he has worked for
If that is tho object. It is all wrong, but
some of these great enterprises are ab
solutely sound and right."
Continuing. Mr. Hill said:
"Some people advocate, our President
advocates, turning everything over to Con
gress. What sort of a Cqrigress would
we have after a while If all the business
of the country were turned over to it?
I think they would be doing business in
the halls of Congress, but the business
they would do would not bring business to
you that you want I think we should hold
every man responsible for himself and his
own acts. If he does wrong, punish him;
If he does right, protect him. When that
Is done .those questions will take caro
of themselves."
Mr. Hill told how his efforts toward
reducing rates on grain had been thwarted
by the consolidation of the Lake boats
In making a corresponding raise.
"What did wo do then?" said Mr. Hill.
"We built six schooners to carry grain
from Superior td Buffalo, and the other
boats havo not declared a dividend since.
We did not want to go Into tho elevator
business at Buffalo, but we had to do so
In order to keep the other elevators from
overcharging and working other extor
tion?. A3 a result the elevator charge
of Buffalo Is now a cent a bushel whero
It was V& cents.
HEAVY GALE IN JAPAN,
Great Damage la Done Shipping: and
Property Generally.
YOKOHAMA. Sept 11. (Correspond
ence of the Associated Press.) Tho ab
normal weather that has prevailed thl3
year continues, the latest development be
ing a violent gale that raged throughout
Japan on September 7, doing great dam
age to tho shipping, ships and property
generally. Though fears about the rlco
crop are somewhat allayed, it is conceded
that there will bo a considerable short
age. The government Is expected to meet
tho deficiency of revenue by maintaining
the high rate of tho land tax. which It
was originally proposed to reduco this
year to its normal rate.
The number -of cholera cases recorded!
up to date from the outbreak this year in
Japan Is estimated at 6152, of which 2S8
resulted In fatalities.
JAY COOK IS WORSE.
Little Hopes Aro Sow Entertained;
for the Recovery of the Financier.
PUT-IN-BAY, O.. Sept 27. Tho condi
tion of Jay Cook, the aged financier, who
was stricken with congestion of tho brain
a few days ago at his Summer homo on
Gibraltar Island, became very much worsa
today. He Is constantly delirious, and
another stroke is feared. Little hope of
his rccovory is entertained now.
Boy Found Guilty of Manslaughter.
SALT LAKE CITY, Sept 27. Roy
Kaighn, the 18-year-old boy who shot and
fatally wounded Wlllard S. Haynes, a Chi
cago traveling man, while sitting In the
rotunda of the Knutsford Hotel last No
vember, was today found guilty of volun
tary manslaughter. Sentence will be pro
nounced October 3. The Utah statutes
provide punishment of not less than one
year nor more than 10 years' Imprison
ment Justification was one feature of the
defense. It being alleged that Haynes had
attempted to assault a woman relative
of Kaighn's.
Indians Will Fight to Hold Lands.
TUCSON. Ariz.. Sept. 27. Advices from
Hermoslllo state that the Yaqul Indians
will not accept the decree of the Mexican
Government which confiscates their land3
and throws them open to settlement, but
that they will resist the enforcement by
every means possible. The lands of tho
Yaqufo are extremely fertile, the cllmato
Is semi-tropical, and all kinds of crops
are raised. One thousand armed Yaqui
warriors are still in the field, who will
fight desperately against this last decree
of the government depriving them of their
lands.
A Prominent Italian.
NEW YORK. Sept 27. Count Gulsepple
Dassi. aged SO years, one of the mo3t
prominent Italians In the United States,
Is dead at his home here, from congestion
Nof the brain, says a dispatch to the Trib
une from Philadelphia. Count Dassi
fought under Garibaldi. In 187G ho wa3
president of the Italian Commission at the
Centennial exhibition in this city.