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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Dec. 4, 1904)
THE SUNDAY-. OREGONIAN, PORTLAND, DECEMBER 4, 1904. dred yards up the road and crawled'into the ditch ahead of us. Wc wormed up to him and found a slug: had traveled from shoulder to trunk, under his ribs and into his thigh. Togo's Grim Revenge. They -were fighting: down the reverse slope of the Eternal Dragon, an outwork of the Cockscomb, and the Russian bul lets, aimed' at the foe above, cut a para bola In the air and came down with their Initial velocity two miles off across the plain where we stood. The Russians on the reverse: the Rising Sun must be above the Eternal Dragon. It Is now noon. We are back, on Ho-o-xan, looking out to sea. Twelve warships are on the horizon. From one, the near est in, comes an occasional puff 6f white smoke, then a low, long bo-oo-m! A shell drops into the town. The eye fol lows. Now we see how the brigade is avenged. The houses of the old town are charred and broken. The new town is gutted and TRIAL ALMOST DONE (Continued from First Pape.) incident tended to show anything wrong. Judge O'Day had brought out the injuri ous testimony himself, and now he would be allowed to testify as another witness. "You heard the testimony of Mr. Heid ecke yesterday?" asked Judge Pipes. "I did," answered Judge O'Day. "That in which he alleged that he had. conferred with you as to his course In ap pearing before the grand Jury In March?" "The entire statement in that re gard," answered Judge O'Day, speak ing to the jury, "is absolutely and un qualifiedly false. I never saw that man in my life as far as I know. I never had any conversation with him and especially never In regard, to thl3 case." C. E. Hardy then took the stand. "You heard the testimony of Miss case where I could not go Into the juryroom and vote for conviction. In this case I do not think, that the Gov ernment has proved beyond a reason able doubt that Marie "Ware is con nected with this particular conspiracy within the life of the statute of limita tion. There is no doubt in my mind but that she forged the name of Mattle S. Lowell, but there is no evidence to show that she did It for the purpose of furthering this particular conspiracy. I -would therefore ask that an order of acquittal be Issued by the court in her case." The court stated that such would be the action at the proper time and that the confession of Walgamot would also be ordered not to be taken by the Jury as going to the prejudice of the other defendants In the case. Spoke for Over Two Hours, Mr. Hall then commenced with his statement, which occupied two hours and a half in its delivery. The attorney made no effort at oratory and did not speak for rhetorical effect. His statement was the simple recitation of the evidence as, given from the commencement, of the GOVERNMENT HAS MADE STRONG CASE IN LAND FRAUD TRIAL Allegations of the Prosecution of Conspiracy, Use of False Affidavits and Forgery Are Supported by Strong Testimony. The conspiracy case of the United States of America against Emma I. "Watson, S. A. D. Puter, Marie I. Ware, Horace G. McKlnley, D. w. Tarpley, Frank H. Walgamot et aL has been tried, the testimony Is all in, and District Attorney John, H. Hall has made his statement to the jury. For 12 days the attorneys on both sides have been struggling one on the one hand for conviction, on the other for acquittal. The evidence has been dam aging for the defense. Frank H. "Walgamot has sickened of the strain, and has, at the last moment, changed his plea of "not guilty" to that of "guilty," to the unavoidable prejudice of the chances of the other parties defend ant. At the request of Special Prosecutor Francis J. Heney, Miss "Ware will be recommended for acquittal by the court when the charge to the Jury is given, on the ground that she has not been sufficiently identified with the conspiracy In the present case. The other defendants are waiting for the argument of Judge Thomas O'Day in their behalf, the answer by Mr. Heney and the charge to the Jury, all of which is expected to have been fin ished by Monday evening. Then their fate will be placed in the hands of the 12 men sworn to return a verdict up holding the law, and each will face either conviction or acquittal. If the former comes, each defendant will be liable, under the law, to a fine ranging from $1 to 110,000. or Imprisonment extending from one day to two years in the County Sail or at McNeil's Island, or both fine and Imprisonment at the discretion of the court and Jury. In practically every allegation Tnade in the Indictment the Government has sustained its case. The follow ing is a summary of the charges and testimony bearing on each charge: THAT EMMA L. "WATSON. S. A. D. PUTER, MARIE L. "WARE ET AL DID, ON MARCH 20, 1001, CON SPIRE TO DEFRAUD THE UNITED STATES OUT OF A PORTION OF ITS PUBLIC LANDS SITUATED IN TOWNSHIP 11, SOUTH OF RANGE 7 EAST. In support of this, the prosecution has shown that the defendants dealt In timber lands; that they falsely filed on the lands in question, proved up on them by means of fraudulent affidavits and forged signatures, and that they transferred these lands so acquired back to the Government, receiving in lieu thereof valuable timber lands in other parts of the state, which they in turn sold; THAT BY MEANS OF FALSE AFFIDAVITS THE CONSPIRACY WAS ACCOMPLISHED. In proof of which many witnesses have been brought to swear that the affidavits made before special agents of the General Land Office were false and untrue, and had no foundation in fact, and that the homestead filings were In part forged, and were wholly untrue. THAT FALSE PROOFS OF HOMESTEAD ENTRY AND SETTLEMENT WERE MADE TO SECURE PATENT. This allegation Is shown true by the reports of A. W. Barber and others who went upon the lands and found them virgin forest and rugged mountain, unmarked by trail, uncultivated, containing no settlement and uninhabited. THAT FALSE AFFIDAVITS MADE BY FICTITIOUS PERSONS WERE USED TO DEFRAUD. This Is shown by proof that Maude Witt, Thomas Wilklns, John F. Foster, William McLaughlin, James A. Taylor, Mat-. tie S. Lowell, George A. Graham, George A. Howe and many other" purported homesteaders had no existence, and were represented by various of the defendants. THAT FALSE AND FRAUDULENT STATEMENTS WERE MADE IN REPORTS BY SPECIAL CIAL AGENTS OF THE GOVERNMENT IN FURTHERENCB OF THE CONSPIRACY. This subordinate alle gation Is proved by the introduction of the reports of Special Agent C. E. Loomis and of Forest Superintendent S. B. Ormsby, which were shown to be flagranUy false, fraudulent and without foundation. THAT FALSE AFFIDAVITS "WERE SECURED IN SUPPORT OF UNTRUE REPORTS. This allegation is proved by the confessions of L. Jacobs and J. A. W. Heldecke. THAT FORGED AFFIDAVITS AND FINAL PAPERS WERE USED. This is proved by the Identification by experts of the handwriting of Emma L. Wateon, Marie L. Ware, Horace G. McKlnley, D. W. Tarpley and 8. A. D. Puter, In the signatures of Thomas Wilkins, George A. Graham, George A. Howe, Emma Porter, Mattle S. Lowell and other of the signatures used. THE DEFENSE. In opposition to these allegations, the defense has offered no testimony and produced no evidence, and will depend upon the technicalities of the law to clear the defendants. smoldering. A shell has carried away the factory chimney. One leg of the crane" is demolished and the other sags. The rain has put out the flames and a dirty' brown smpke fills the gap from Golden Mount to Tiger's Tail. Between sun and sun the navy, broth er of the army, has laid a heavy paw upon the place. Its claws away, the deep scratches show where Port Arthur bleeds. FUN WITH FIGURES. A Frenchman Disports Lightly With Certain Sinister Statistics. Courier des Etats-Unls. Some people console themselves for everything and find an argument to keep others from worrying. Every one has read the account of the slaughter in Manchuria. The losses of the Russians in the eight days' battle south of Mukden are esti mated at about 40,000 men. Add the losses . of the Japs, approximately for they have not yet been reported and you find a tall total. During the eight months since the com mencement of hostilities the losses on both sides must have been 200,000 men. But that amounts to nothing, or so little that the thing Is not worth speaking of. The average life of a man is 39 years on all points of the globe, and a man dies at the rate of one a second or a little over. Now the Russo-Japanese War has lasted eight months, and during these eight months In all the known world we find that the deaths are CO a minute, SS00 an hour, 86,403 a day, and 2,592,000 a month. Therefore, for eight months the deaths foot up a total of 20.736,000. Now what do 200,600 men killed in Manchuria in eight months amount to compared with the 20,736,003 who have died during the same period? The proportion Is 1 per cent. It is just as if somebody discovered that in a town in which the mortality Is usually .150 a week there died last week 152. The philosophers who reason In this way leave little room for an answer. Sta tistics are admirably made for closing peo ple's mouths. But let us put figures In a pleasanter light. The fortune of France is estimated at about 400 milliards, and its population la about 38,000.000. Consequent ly, each one of us Is the happy possessor of about 10,500 francs. But go out iuta the street and tell every man you meet that he has a capital of 10.500 francs. Nine out of ten will bo very much surprised at the good news; and some may ask you to be good enough to mention the name of your madhouse. Sulky Steam Boilers. E. P. Watson, in Engineering Magazine. All science is at fault at times, and though there is every reason present why a boiler should steam it simply will not; it refuses duty and sulks without any cause therefor that can be detected. On such occasions every one takes a hand at the fires, but the result is the same no Fteam, or only enough to keep three- quarters speed. A variety of causes com bine to produce this condition of affairs; while slight in themselves, their aggre gate effect is to paralyze the motive power for the time being, or until the deadlock is removed by a change of wind, or course, or by taking coal from another bunker. Marine and stationary boilers are afflicted in the way described; there are "good days" and "bad days" in the performance or botn. Miles Accepts Appointment. BROCKTON. Mass.. Dec. 3. LieutenanU General Nelson A. Miles has accepted an appointment as Adjutant-General on the staff of Governor-Elect William L. Doug lass. This information was given to the Associated Press tonight by Mr. Douglass personally. Slckem I say. but this is a fine football rame. Faxton Teg, but don't you think It could be better settled by arbitration? Boston Transcript. Mlda McCoy in relation to the fact that you had taken the George A. Howe "abstract to her for alteration?" asked Judge Pipes. Had Never Seen the Abstract. T never saw the abstract until it was introduced at 'this trial," said Mr. Hardy. "I was not in Albany on No vember 21, 1901 and Mis3 McCoy is entirely mistaken." Mr. Heney then -started to cross- examine the "witness, but was stopped by objection from O'Day. "I have not discretion in the mat ter," said Judge Bellinger, "other than to allow the cross-examination to pro ceed, and I cannot sustain the objec tion." By the examination Mr. Heney showed that Mr. Hardy was a former resident of La Crosse, Wis.: that he had known McKlnley before he had come to Oregon; that he represented, as one of the legal firm of Thomas & Hardy, four of the Withees at La Crosse, who s large timber buyers and -who have' invested largely in Ore gon tlmberland, and that ho had trav eled to Salem, and other places in com pany with McKlnley for the purpose of buying school and other lands. As re gards the George A. Howe transaction, however, Mr. Hardy stated that he had known nothing of the transfer until the firm had received the deeds from La Crosse with the instruction to file them in Linn County. At the conclusion of Kr. Hardy's tes timony the defense announced that it rested its case, and an adjournment was taken until 2 o'clock in the after noon In or,der that Mr. Hall might have time to prepare his argument. In the afternoon the second great surprise of the day occurred. The first had. been when the defense rested and brought the trial to so sudden a close. But far greater than this was the effect of the announcement made by a new comer In the courtroom. Claude Stra- han "was the man who sprung the sen sation, which, while it -was no great surprise to some, -was indeed a climax in trie case of the prosecution to the great majority of those in the court room. "1 appear for Frank H. Walgamot,' said Mr. Strahan, "and at this time I .wish to withdraw his plea of not guilty and substitute that of guilty." "Mr. Walgamot," asked the court, "do you so desire?" Walgamot Pleads Guilty. The defendant, who has for the past week and more been sick of the part he has "been forced to play, and who has sought to change his plea from day to day and even to take the stand against his co-conspirators, rose to his feet with downcast eyes. He look ed neither to the right or the left. He did not wish to see the fellow-defendants who were being prejudiced by his tardy admission of guilt; he did not desire to gaze into the eyes of the court, or the spectators of the attor neys. He was guilt confessed, shame facedly, not the straightforward con fession of the old woodsman of the day previous, but the story -wrested from the lips of one who had been will ing to linger until the last hope had been swept away by the mass of evi dence, and then, by his confession, cast himself at the feet of the court, crying for the mercy that the rest were too proud and too loyal one to the other to claim. "I do," he said. . "What is yorr plea?" asked the court. "Guilty," and the man sat down for a minute and then- slunk from the Toom under the cover of the further proceed ings and was seen no more. Mr. Heney was the next to cause the second incident of the day to be for gotten. "Your Honor," he said, "I have long followed the rule in prosecuting not to ask a jury to return a verdict In a WOODARD, CLARKE & CO. Every -woman appreciates and enjoys every day a Triplicate Mirror conspiracy whep Emma Porter first filed her application until the last patent was issued and the lands transmuted into money. The argument was strong, clear and concise, uttered deliberately and with care. He traced the actions of the defendants from first to last and brought out each point of the testimony that has been given on the witness stand during the last 12 days. At times he Illustrated with anecdote, and during his treatment of the Loomis reports, in which Mrs. Watson was described as being a hard working girl laboring on the farms and In the mills to support her widowed mother and orphaned sister, he lapsed into ridicule and sarcasm so biting and so apt that ripples of laughter swept over the crowd while the defendant twisted and cringed under the arraignment. His denunciation of Puter and of McKlnley was scathing and bitter and, passing from them to their victim, J. A. W. Heldecke. he pictured in pathetic terms the temptatiort of the woodsman, strug gling for a scanty livelihood amid the mountains and, at last, yielding to the glitter of. to him, unheard-of offers of gold, that he might bring comfort to an invalid wife and needy children. -"This is the beginning of the end," he said, in opening his statement. "The long and tedious trial, during which you have sat patiently and attentively Usten- -Mng to tne testimony, is drawing to a close. I can only apologize for the length of the trial on the ground of Its great importance to the United States Government. We have taken pains to bring everything before you in order that you might decide the case In accordance with right and Justice. "It Is important because the Govern ment is the trustee of the public lands and is charged with the trust that these lands shall go only Into the hands of those who are deserving of them. Resented O'Day's Statement. "There Is one statement that Judge O'Diy made in his opening remarks to the jury that I have resented all during the- trial and do yet; and that was that all the prosecuting attorney had to do to indict people was to draw up a paper and take It into the Jury-room to be signed. The grand Jury 13 as solemnly enjoined by this court as are you, and is charged by the court to bring in the charge on the evidence. I have no desire and no interest In returning an indict ment in this court not shown by the evl donee. I am simply an officer and wish to fulfill my duty to the Government. "In my opening statement- I said that we would show that the Government had been defrauded out of a part of its public lands in township 11 south, range 7 east. by a conspiracy. We have done that by the evidence brought before you. We promised to show that these defendants were the parties to the conspiracy and that they had conspired to do these acts. All this has been shown by tho testimony of more than one witness. The testi mony of Barber shows that there Is not a trail on any of the claims, and none of the witnesses testify that there Is a sign tf a trail ever having been made." Mr. Hall followed the conspiracy through and concluded by an appeal to the jury stating that, in the minds of the Government, there was no doubt as to the guilt of the defendants, and that upon the evidence offered they should be convicted. The court was then adjourned until Monday morning at 10 o'clock, when Judge O'Day will present the argument for the defense, after which Mr. Heney will speak for the prosecution. It Is thought that the case will go to the Jury on Monday afternoon. Following the settlement of the trial now closing, the second conspiracy case will be called. In which Emma L. Wat son, S. A. D. Puter, Marie L. Waro and Horace G. McKlnley are the defendants This case alleges that the Government has been defrauded out of lands in town ship 21 and 24 south, range 1 east. Following this case. Puter, "Ware and McKlnley will be tried on the charge of Once they -were expensive, but we've changed all that and our beveled French plate mirrors in Flemish Oak, Ebony and Gold frames are today within the reach ( of everyone. Our mirrors are allv constructed to hang or stand. What can be more practical or attractive than our Quaker City Out Glass? Awarded highest medal at St. Louis. Our designs are new, exclusive and artistic Our prices have made this department famous and have placed America's finest Cut Glass upon thousands oi tables. FOR THE PHYSICIAN The unrest of deliehts to any boy or girl is that of photography; it is healthful and educating. Any child can make perfect pictures with our "Ansco" cameras. Baby Anscos. .$1.00 and $2.00 Medicine and instrument cases. Fine Fever Thermometer. 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Let us send your our catalogue. We want an Ansco dealer in every town. Brass and bronze Candlesticks, Colonial and French designs. . n -1. J Japanese Fantail Gold Fish 25, 3oS 50 Aquaria 50, 85, $1.25 Gold Fish Food, box 10 FINE STATIONERY Eaton Hurlburt's latest designs at popular prices. Boxes each filled with the finest of Paper and Envelopes in the cor rect tints and finish. HANDKFRCHIEF, GLOVE AND NECKTIE BOXES Prices for every purse, 35c, 50c, 65c and 75 LEATHER Pine Suit Cases and Traveling Bags, Chatelaines and Eollups, Card Cases, Music Bolls. Free Your name in gold on your leather purchases. GILLETTE, STAR, GEM SAFETY RAZORS $2, $3.50, $5, $6.50. FOUNTAIN PENS The famous Waterman and Ccnk lin's self -filling, the latest and best $2.50, $3, $4.50 WOODARD, CLARKE & CO. Canadian moneytaken at full value. Free delivery to all parts of the city. Complete Telephone Exchange, with connection ytt to every department of our store having forged false and fraudulent affl- rintrtt. Tn tne coming conspuarj Miss Ware will pose as leadhTjk, evidence asralnst her, accordlnsf report, being most convincing, - Bad Eyes Bro Bad Luck s - Crosn-Eyed Man a Hoodoo "to Caesar Youag, Harney Schrel ber and Other Bookmakers. ' case i Ify, the h o the ! mr. 1 lO i t i 1 CHICAGO, Nov. 29. (Special Corre spondence.) The resumption of rac ing at Lea Angeles and the trial of Nan Patterson In connection with the tragic death of Caesar Young, the bookmaker, recall the lpcldent of the cross-eyed man who caused the bookmakers such travail of soul and heavy financial losses on the Coast something more than a year ago. It Is said that the somewhat erratic stare of -this cross-eyed man cost Barney Schreiber, the St. Louis Plunger, more than $27,000. The same uncertain gaze cost Caesar Young and other bookmak ers thousands. The presence of this "hoodoo" is said to have been responsible for the disappearance from Oakland of Caesar Young, Just prior to his tragic late In New York. The story, as brought to Chicago, runs on this wise: - Tho man with the bad eye a pair of them, In fact was first discovered on Christmas day. Things had been mov ing along in pleasant paths for the book makers, when, "very suddenly, something went decidedly wrong. Three races had been run and Caesar Young's book was a heavy loser. Then the owner of Eonlc, winner of the opening handicap, stopped booking and called the attention of bis ! crew to a tall man standing in front of his book. There was nothing peculiar about the tall man except that he seemtd to be looking several ways slmultane- : ously. , Caesar Young crossed his fingers and sized up tho stranger. "Is he looking at me?" he finally asked of ono of his crew. "I can't make out clearly," responded 1 the ticket writer. "I believe he Is looking Into his ears." ! Meanwhile business was entirely sua- i pended and Young got down and walked around tho man. From every point and altitude, he seemed to cross the visage of stranger. Try as ho would, he could not get out of the man's visual range. Fin ally, In desperation, he called the stran ger up to the block. "Look here," ho said, "I want to have a little conversa tion with you and while we are talking I want you to look mo directly In tho face. Do you catch that?" "You're on," said tho stranger. "Well, tho point Is Just hero. You have been standing in front? of my book for a long time and I am a big loser. Are you looking at me?" "Straight as a. string." "That settles it, then," said Young. "Now If you will go over and stand In front of Barney Schrelber's book for the remainder of the day, I will give you a $10 ticket on any horso you may select In the next race. Is it a bet?" "It's a go," responded the mournful stranger, whereupon Young gave him a ticket calling for 30 to 10 en Kcnllworth to beat Gold Money, which ho did and the stranger cashed in. Then he ambled over to Schrelber's stand, but had not been there long until tho St. Louis horse" breeder saw him. Barney began to grow uneasy and when the race was over and his book showed a loss of S1E00, he prac tically lost his reason. Tho cross-eyed man was not to be frlghetcned away, however, and een had the audacity to place a bet In Schrelber's book. For three weeks Schreiber could not loso sight of the cross-eyed hoodoo. Neither could Caesar Young, for he would Invariably cut In alongside the Schreiber club and then the cross-eyed man would line p Just as soon as the betting commenced. Occasionally he would look at Jim Neil's book until Nell Anally gave him 510 to go back in front of Young's booth. Shortly after this Young disappeared. Schreiber, however, hung on for three weeks, losing every day, until the sum total of his losses figured up more than 127,000. To make matters worse, Schrelb- I cr was one day riding across to Oakland on the ferry, when he .noticed that his neatest companion was" the cross-eyed man. He immediately changed his' seat. So did the cross-eyed man. When Schreiber took a car at the Oakland pier, the cross-eyed man sat down beside him. This settled ft and Schreiber packed up and Quit San Francisco, going to Los Angeles, where he booked the remainder of the season. Meanwhile Jim Nell could not book a winning day after his experience with the cross-eyed man and ho also quit the game In disgust. With Young, Schreiber j and Nell out of the way, the lugubrious ! man with the bad eyes took up his stand tn front of the combination book and the very first day Art Newman, owner of Don Domo, Our Bessie and Burnie Bun ton, bought a $10 ticket which he subse quently cashed in for $1200. Racing men here, recalling this string of circumstances, are wondering if the hoodo pursued Caesar Young to his death, or if the cros3-eyed man. will again be in evidence at the Coast races this sea-Bon. Waohlngton Will Benefit. West Coast Trade. The Lewis and Clark Centennial Expo sition, to be held next year at Portland, will be the biggest event of the kind ever held on the Pacific Coast; it will induce the largSst movement of visitors and pos sible settlers to tho Pacific Northwest in the history of this section; and It will be the means of arousing an unprecedented degree of interest in Washington and the Inland Empire. In fact, this state might expect to derive even great benefits from tho Lewis and Clark Exposition than Oregon herself, providing Washington has a credltablo and representative ex hibit. To this end no expense or pains should be spared to make our exhibit the best that may be devised, for the neces sity of making a creditable showing at the Portland Fair Is even greater than it was in the case of the St. Louis Exposition. Bohbs Loan me a dollar, old boy. and I Trill be Indebted to you forever. Dobbs Then you don't set It. Philadelphia. Telegraph. ooitieite(act STUDEBAKER! i II pp J r Leads the Race I ! HWfefasp 1 7M Br tveryininq :. mi ry Nothing Ahead of TUDEBAKERI WAGONS - HARNESS j in the Vehicle Line t Studebaker Bros. Co., Northwest! PORTLAND, OREGON 3 99999989m 9ttttie9CI9lMt ) 0t