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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 16, 1905)
IBSSSSBX3K. UBKJ'B IS
PAGES 1 T0 12
VOL. XXIV-O. 29.
PORTIiAXD, OREGON, SUNDAY MORNING, JULY 16, 1905.
PRICE FIVE CENTS.
KQ NEW TRIAL FOR
JOHN I MITCHELL
Judge De Haven Denies
Motion of Defense.
NO ARREST OF JUDGMENT
That Motion Also Meets Nega
BELLINGER MADE NO ERROR
Fact That Xo Evidence "Was Given on
Sixth Count Is Insufficient to
Justify the Granting of
a Xcw Trial.
"The motion In arrest of judgment
will be denied.
"The motion for a new trial will be
"Is the defendant In court?"
Senator John II. Mitchell ivas not In
court when Judge De Haven pro
nounced the words quoted from his
decision in answer to the motions made
last week by his attorneys. Senator
Mitchell was represented by Judge
Bennett and ex-Senatdr Thurston, and
while Judge De Haven did not say that
he would have rendered judgment upon
the Senator, had he been in court. It is
believed from the fact that he asked
if "the defendant was in court," that
he would have done so. Senator Thurs
ton, when Judge Do Haven put his
qu"ery, rose and stated that he wished
further time in which to draw up a.
bill of exceptions, and he was given
1 until a week from Monday morning to
This means another "ten days before
Senator .Mitchell will have Judgment
pronounced upon him. The Senator's
counsel informed the courf that by to
morrow they would have their bill of
exceptions ready and in the hands ofH
United, States District Attorney Heney,
so that he might in turn have his an
swer Teady by the time that the case
will again be taken up by the court..
Judge De Haven seemed willing to
grant the delay, and as there was no
objection from Mr. Heney, His Honor
set Monday, July 31. as the day for re
ceiving the exceptions.
The news that Judge De Haven
would render his decision in the Mitch
ell case spread rapidly. His Honor set
the time for 1:30, and when that hour
came the courtroom was filled with
eager spectators. It was anticipated
by those who had followed the trial
and the arguments for the two motions
made by counsel for the defense that
they would be denied, and there was
little surprise manifested when the
court ruled against both motions.
Judge De Haven announced when court
was convened that, owing to a press
of work that he had on hand, that it
had been imposible for him to prepare
his decision in writing and that he
would render It orally. His conclusions
were brief. His Honor drew attention
to the defendant's plea of abatement
which Jiad been before the lale Judge
Bellinger.. He stated that he had ex
amined "the learned and exhaustive"
opinion which Judge Bellinger had
rendered, and said that while he had
no doubt but that It was within his
power to set aside that decision, yet
the court did not feel Justified in da
Judge De Haven said that he had
carefully considered the matters pre
sented In the motion for the new trial.
He held that no error had been com
mitted by the court in giving or re
fusing instructions, nor was there any
error committed to the legal prejudice
of the defendant in the admission of
testimony. He called attention to the
fact that as soon as his attention had
been called to the statement by Dis
trict Attorney Heney In argument re
garding the second Indictment against
Senator Mitchell that the court had in
structed the Jury to disregard this
statement. Judge pe Haven's decision
In full follows:
Judge De Haven's Decision.
Since the submission of the pending mo
tion for arrest of Judgment and for a new
trial In the case of the United States vs.
Mitchell. No. 2902. mj' other duties have
been such that I have not found time to
prepare any written opinion covering the
various points alleged In the argument of
counsel, and I shall, therefore, briefly,
orally, indicate the conclusion which I
have reached on each of these motions.
As to the motion In arrest of Judgment
upon the question presented bv the de
fendant's plea In abatement, that matter
was before the late Judge Bellinger and
received careful consideration by him. I.
have examined the learned and exhaustive
opinion which he rendered in disposing of
that plea. and. while I do not doubt but
what the court at the present time would
"have jurisdiction to set aside that decis
ion If convinced that it was wrong, still
the court would not be Justified In setting
aside the conclusion reached y him un
less It was made to dearly appear that
there was error then committed; and It
will be sufficient for the present purpose
to say that I am not so entirely satisfied
that the conclusion reached by him was
erroneous as to Justify me In setting his
The other matters set forth and urged
for arrest of Judgment do not require any
The motion In arrest of Judgment will be
Motion for Xcw Trial Denied.
Upon the motion for a new trial I have
carefully considered the matters presented
bv -this motion. I do not think1 that any
error was committed by the court In gl
ing or refusing Instructions, nor do I think
that any error was committed to the legal
prejudice of the defendant In the admis
sion of testimony.
The question upon which there may be
some doubt, and against the ruling of the
court much may be urged. Is that relating
to the commission of other offenses than
those named In the indictment; but 1 am
satisfied, upon a rea&lng of the case bear
ing upon that question, that the ruling
which was made is correct. Nor do I think
that any error was committed by the Dis
trict Attorney In the remarks excepted to
by the attorneys for the defendant- J
think the most that can be said upon that
point Is. that the matters of which com
plaint is made might Just as well have
been omitted. I am not certain that I
would say that I entirely approve or as
sent to them, but I cannot see that he
transcended the limits of legitimate argu
ment to the prejudice of the defendant.
Upon one point that ho made reference to.
to the effect that the defendant had been
indicted for another offense, the moment
the attention of the court was called to
the fact, the Jury was Instructed that
they should disregard the statement, and
I have no reason to" believe that they were
not able to do so, and that the; did not In
fact do so.
Upon the other point, in reference to
the sixth count of the Indictment, where
it is conceded that there was no evidence
Justifying the verdict of the Jury upon
that count. I do not think that a motion
for a new trial should be granted for that
reason. A "erdlct such as this should be
construed as a verdict finding the defend
ant guilty upon each and all of the counts
in the indictment, and that being so, the
court in pronouncing Judgment can see
that the defendant suffers no prejudice be
cause of his conviction upon the sixth
count. This point seems to have been di
rectly involved in Ballew vs. United
States (160 U. S.. p. 1ST). The syllabus of
that decision Is:
A central verdict of gulltr. where the In
dictment charter the commission of two
crimes. Imports of necesrttr a conviction a
to each; and If It appear that there was
error as to one and no error as to the other,
the Judgment below mar be reversed here
as to the first, and the cause remanded to
that court, with Instructions to enter Judg
ment upon the second count.
I suppose that upon the authority of that
case the court would have the right here
to arrest the Judgment upon the sixth
count and only render judgment upon the
others. I do not think, though, that that
coure Is rlecessary to pursue.
The motion for a new trial will be de
nied. 'Js the defendant In court?"
Counsel for defense asked for time to
prepare a bill of exceptions before sen
tence is pronounced, which was granted.
CONTENTS TODAY'S PAPER
The Weather. '
YESTERDAY'S Maximum temperature. 68
deg.; minimum. 52. JPreclpltatlon. none.
TODAY'S Showers; eoutheriv winds.
The W ar in the Far Kjwt.
Wltte will be peace envoy and Is given full
powers. Page 2.
Jrpanese driving Russians north In Sakhalin.
Move to force Crar to abdicate. Page 13.
Bomb thrown at Oovernor Maxlmorlch.
Sweden will send ultimatum to Xorway and
Is ready .lor war. Page 13.
Kitchener's victory over Curxen may cost
him his position. Page 2.
President orders that Jugglersof cotton ta
tUtlc be brought to Justice. Page 2.
Career of new Government engineer at Tort
land. Page 3.
Hill's fight for railroad franchlre In Canada.
New Yprk City buys home for consumptives.
Leading woman, suffragist sues old man for
breach ofjtromlse. Page 10. ,
Death or manfwho saw Lincoln assassinated.
Page 2. ? . '
Governor Hlgglng tries to shield Harrlman In
Equitable scandal, though people demand
Investigation. Page 1.
Rockefeller's father lives under assumed
name. Page 13.
Lawson denounces Carnegie and booms Gov
ernor Johnson for President. Page 3.
Eugene F. Bert, president of Pacific Coast
League, tries to kill himself at San Fran
cisco. Page X.
Guards encamped at Seaside maneuver in
the rain. Page 4.
Attorney Collins, of San Francisco, sleeps at
night In British Columbia Jail. Page 5.
Looklng-Glass Ingram announces Presidential
candidacy and fio.000 damage suit.
Curious Vmatllla rancher choked to death
at bottom of 80-foot welL Page 4.
R. D. Mume wins Hbol suit Instituted by
Representative Burns. Page 4.
Athletic sports at the Exposition. Page 17.
Shields has highest batting average. Page
Spokane fireman is aspirant for pugilistic
honors. Page 17.
Gossip of an eight-club league. Page 10.
Britt flghts'ahadows. Page 10.
Portland defeats Tacoma 3 to 0. Page IS.
' Commercial and Marine.
Local market swamped with melons. Page
Active movement Jn country produce. Page
California prune market firmer on crop dam
age. Page 33.
Stock prices advancing toward higher level.
Page 33. .
Chicago wheat stronger on rumors of litis
slan shortage. Page 33.
"Weekly bank statement shows heavy accu
mulation of cash. Page 35.
Major Langfltt reports on river and harbor
Improvements. Page 19.
German bark. Anna recedes orders off Co
lumbia River Page 10.
Lewis and Clark Kxposltion.
Admissions for the week. 115,225. Page 0.
German music fest at the Exposition. Page
Infant Incubator exhibit at the Fair. Page 31.
Illinois reproduces home of Lincoln. Page 32.
Fisheries exhibit at the Exposition. Page 33.
Idaho editors warm In praise of Fair. Page 0.
Mlmlc naval,battle for the Fair. Page 8.
Joaquin Miller day at Exposition. Page S.
Healthy growth in attendance at the Ex
position. Page 0. v
Port hi sd aad Vlclnltr.
Judge De Haven denies Senator Mitchell a
new trial. Page 1.
Marlon R. Biggs testifies for defense.
Concert halls will be raided. Page 24.
New railroads are assured. Page 18.
Conference of Charities and Corrections be
gins. Page 14.
Oregon man invents non-reflllahle bottle.
Gain In birth rate and marriages over last
year Is slight Tage 1&
Boats for the lower river will be built or
bought and Portage Road may be ex
tended. Page 18.
East Side High School site subject for spe
cial meeting of School Board. Page 18.
Portland Labor Press accuses the Portland
Consolidated Street-Car Company of gross
violation of law. Page 14.
Republican nominees for office may be rec
ommended through a primary. Page 24.
Peat arm asd Department.
Editorial. Page ft.
Church announcements. Page 3L
Classified advertisements. Pages 10-23.
Homer Davenport's Arabian stallions. Page
Lighter side of a doclora life. Page 38.
Commander Calkins Interviews Rurslan
naval officers. Page 37.
First ascent of Mount Rainier by white man.
Monument t5 the greatest or Indian fight
era. Page 38.
Frederick J. Hat Win's letter. Page 46.
Holy Moses. Bedella and the unbelievers.
Dr, Hlllls sermon. Page 48.
Humor from Lire. Page 45.
Social. Pages 20-27.
Beaches. Page 2S.
Mac-lc Page 30.
Books.. Page 34. ,
Raises, amatesr cracksman. Page, 47.
HowretioM aa4 laaatoaa. Pages 42-43,
Teatfc.' MMrtmnt JTaxc 43,
TO STOP IHQUIHY
Equitable Trail Leads
Direct to -Him. -
PEOPLE DEMAND THE TROTH
Hendricks Covered 'Up Mag
nate's Shadiesi Deal.
HIGGINS SHIELDS HARRIMAN
Whole State Clamors for legislative
Inquiry, but Governor Is Obdu
rate and Hendricks Blocks
Efforts of Jerome.
NEW YORK," July 15.-SpeclaL)-Can
Edward H. Harrlman dominate the Em
pire Slate? This la the cry that echoes
throughout the commonwealth today, on
the heels of a public uprising that clamors
at the doors of tbt Legislature for an In
vestigation Into the scandalous graft In
the Equitable Life Assurance Society that
plundered widows and orphans of $15.00).
000 to" J20.O00.OM within three years.
Hidden secrets far more noisome than
the disclosures In the Frlck and Hendricks
report?, creeping out through the publi
cation of the transcript of the evidence
taken during the last lnquib'. show that
the revelations so far have been but a
scratch on the surface. The trail leads to
the millionaire railway magnate, and the
fact that It has been abandoned has
plunged the state Into an uproar. Peti
tion on petition, supported by requests
from the State Assembly for an investi
gating committee, have fallen vainly on
the ears of Governor Hlgglns.
Toronto's "Work Thwarted,
District Attorney Jerome has been
thwarted In his attempt to secure the
transcript that -would enable him to take
the scandals to the grand Jury. So far the
entire movement has been blocked even
ns the researches of the Frlck and the
Hendricks Investigations -were blocked
by the mighty leverage moneyed Interests
exert socially and poytlcally.
Can Harrlman thwart the entire state
In Its attempt to drag the hideous se
crets of the Equitable Into the daylight?
On the very verge of a sensational dis
closure In the episode of the "Union Pa
cific preferred deal." which threatened to
drag Harrlman and his- coterie before the
public and perhaps Into the courts, the In
vestigation was abruptly terminated.
Harriman's Chain of Influence.
Harrlman controls B. B. Odell. ex-Governor,
and Odell. as chairman of the Re
publican State Committee, dictates to
Gox-crnor Hlgglns. Hlgglns, in turn, ex
erts pressure on Hendricks, the State Su
perintendent of Insurance, a chain of In
fluence that made the Hendricks report a
practical whitewash, with the name' of
Harrlman carefully suppressed.
The first inquiry, made by the H. C
Prick committee, resulted In suppression
ns far as Harrlman was concerned. The
report went Into petty graft- The disclos
ures were sensational enough at the time,
but subsequent developments Indicate that
the Frlck committee. Instead of trying to
dive to the bottom of the morass, simply
sought to gloss matters over by exhibit
ing a choice lot of minor Irregularities.
"Why? xrlck, multimillionaire though he
Is. is subservient to Harrlman, and so not
the slightest reference was made to Har
riman's juggling with millions of the
Hendricks Suppresses "Worst.
The suppressions In the Hendricks
report show the phenomenal Influence
Harrlman. through Odell and Hlgglns.
exerts on the State Insurance Superin
tendent. The report made no mention
of Harriman's deals, yet the testimony
tells of stock speculations with Equit
able money; of the diversion and di
vision of between S15.000.000 and 120.
000.000 in the, last three years; of a
550.000.000 Union Pacific blind pool,
which Is directly traced to Harrlman
by the testimony of James 1L Hyde.
The report even ran the smoothing- Iron
over the revelations concerning- Sena
"With these acts generally known .to
the public of New Tork State, the de
mand for a Legislative investigation
has become well-nigh Irresistible.
Fifty-three members of the State As
sembly, now in extraordinary session,
have ' declared for an investigation,
only 23 being- opposed.
People Demand Investigation.
Still. Governor Hlgglns hesitates and
refrains from asking- for the investi
gation which would result in articulating-
Equitable" skeletons and supplying-
the" knowledge necessary to the
drafting- of a statute to remedy existing-
evils. Odell seems to have surren
dered to popular clamor. He is now
supporting the movement for a Legis
lative Inquiry. Shrewd bankers and
politicians surmise, however, that he
has an "understanding;' with Hlgglas
whereby his change of front Is not to
affect the attitude of the State Ex
ecutive. Hendricks stopped short the moment
-the trail of corruption led to Harri
man's S3e.fre-0.W0 syndicate Jn Untoa
JPaclflc preferred, slace the jmallcatlea
of the evideace shewing; -what mam
moth proportion ata disclosure might
-teeuxae. if this trail kad See foMawed
Jtx ZHmtdtt Jacaat . 1frt laAUcj
has made futile efforts to get a trans
cript of the evidence. Jerome wants
to take the matter to the grand Jury,
but thus far he has been blocked by
the refusal of the state authorities to
hand over the necessary .transcript.
IUgglns Will Xot Badge.
Hlgglns refuses to budge an inch. He
has been intrenched In his position by
the appointment of Collector of the Port
Stranahan as a director in the Equitable
by the Ryan trustees. Stranahan Is a
member of the Governor's kitchen cabi
net. His advice has carried weight with
the Governor, and at this time, it is
pointed our. any drastic action on the part
of the Legislature would upset the plans
of Thomas F. Ryan.
Next week the movement to force a
message from Hlgglns in favor of the ap
pointment of a legislative commission will
come to a head, when a petition calling
for action will be circulated among " the
members of both houses of the Legislature
and Vclll be seat to the executive.
Harriman's Biggest Squeeze.
The Union Pacific preferred deal was
built on the architectural lines that seem
to have been a hobby with the financiers
of the Equitable. Of all the schemes that
"James J. Hyde and associates" used In
squeezing from S15.O0O.O0O to 0.000.000 out
5f the syndicates connected with the so
ciety, this was perhaps the boldest In
point of execution and the greatest In
scope and in the personnel of the talent
implicated ih the deal.
This is the deal that led Harrlman to
use all the leverage at his command to
stifle inquiry, and is the transaction that
Is considered the fundamental cause of the
whitewash by the Frlck committee, the
lukewarmncss of the Hendricks investi
gation and the attempt to thwart a prob
ing by the State Legislature. During his
Inquiry Hendricks consistently refrained
from following up leads connected with
the deal that might cause embarrass
ment to the Harrlman clique of capital
ists, and in consequence its Innermost de
tails are unknown.
DEPEW'S FEELINGS ARE HURT
Insists He Resigned and Says 3Iadc
Sacrifice for Equitable.
CHICAGO. July 15. (Special.) A
special cablegram rb the Dally News
from Paris says:
Senator Depew, who left for AIx la
Chappelle, made the following- state
ment to your correspondent:
"There seems to be some confusion
about my resignation as counsel to the
Equitable. Paul Morton cannot deny
that 1 called before sailing- and place,!
my resignation, in his hands, but I
have made no statement that I re
signed' as Equitable director. I still
hold that office and propose to keep It.
Reports that J agreed to make good
any possible Equitable loss through
the Depew Improvement Company are
completely false. No loss was foreseen.
I would not have done so. In any case.
My role from beginning to end In con
nection" with the Equitable will bear
thorough investigation. "When I get
home, I may make a statement which
will show -that my relations with the
.Equitable were not" orily honorable,
but. even. Involved- nelf-sacrlflce."
Depfcw Is deeply wounded by the as
sertions printed on this aide regarding
the Equitable row. It casts tne first
stain on his public chnracter. "I do
noi.deslre to discuss further the Equit
able tangle at this moment." he added,
"but such affirmations only show a
cruel misunderstanding of my charac
ter and of my dealings -with the
FLEES FOR LIFE HALF-GLAD
LODGER DRIVEN" FROM R003I
AT XIGHT BY IiAXDLORD.
Because Pfelffcr Cottld Xot Pay Rent,
Davis Pursues Him Through
Streets With Razor.
At 2 o'clock this morning Bruno Pfelffer
was forced to run for his life from 140
Northrup street, where he has lodgings,
to First and Morrison streets, devoid of
all clothing save an undershirt. Crazed
with fear, he was taken Into custody by
Special Officer Austin and conducted to
the police station, where he told his story.
Pfelffer rooms vlth Joseph Davis at-the
address mentioned. Davis runs a restau
rant at Eleventh and Northrup streets.
Pfelffcr owes Davis room rent, and this
has been the cauxe of trouble between
them. Last night they had a heated dis
cussion over the matter. At 11 o'clock
Pfelffcr went to bed. He was awakenee
by a crash about 2 o'clock this morning.
Davis and his wife had. broken down the
door and entered the room. Mrs. Davis
struck a light, while Davis approached
the bed with a razor In his hand. Pfelffer
sprang from the bed with a scream,
rushed past Davis, who, he says, struck
at him with the razor, sprang through a
window and ran screaming down the
street. Davis left the house and started
In pursuit. Crazed with fear, Pfeiffer con
tinued to run. Several people made Inef
fectual attempts to stop him along the
way. He was trying to find the police sta
tion, but missed his way. and finally
brought up at First and Morrtron streets.
Save for. the undershirt, he had not a
stitch of clothing on him. He was physi
cally exhausted. .
Officer Austin obtained some clothes
for Pfelffer and then took him to the sta
tion, where he told his story. He is
known to the police as a hard-working
and honest mam He has not been able
to pay rent because of hard luck In get
Before Pfelffer was taken to the station
several call? came Into the police sta
tion from the vicinity ol.UO Northrup
street, atatlag that there was trouble
there. Officer Kellar wis sent to Inves
tigate. The reports were that Davis was
Intoxicated aad attempting to clean out
DewFrometcd to Lapwal.
OREGONIAX NEWS 3URXAU, Waaa
lagtea. July WMHsm Dr, aperitn
deat of the Saoaaoae Ageaey !
caet la Wymlng has bees. aa sc
eriatendeat of the Fort Lapwai sca
ta I4a at a salary of THM. Dew wOt
a tec act tor ta Xftc Feceea'ladiaa. Hs
wtHL iiwsi ate aw pimt Acec 1, rr
nevng r. -Q. Jtattawi. w aas rtffM
E. F. BERT TB1ES
TO K ? L L HIMSELF
Baseball Magnate Aims
HAY DIE OF THE WOUND
Crazed by Pain, He Tries to
Deaden It by Drink.
IN TERROR OF OPERATION
"Well-Known SaH Francisco Lawyer
Tells Tale of Attack by Burglar
When Found Lying: In
SAN FRANCISCO. July 15. (Special.)
Eugene F. Bert, the well-known lawyer
and baseball magnate, shot himself at
his home. ldVi California street, at 7 this
morning, and is in a critical' condi
tion. The mystery surrounding the shoot
ing was cleared tonight by Andrew J.
Clunle. an Intimate friend of Bert. In a
statement made to Captain Burnett, of
the police detective department, that Bert,
In a fit of temporary mental aberration,
due to Illness and the dread of a critical
operation, bad attempted to take his
At first It was thought that the wound
Inflicted by the half-crazed man was not
serious, and Bert might recover, so an
effort was made to hush up the affair,
but as the day passed and Dr. Guy Man
ning, who had been summoned to attend
Bert, saw that bis condition was becom
ing very low, and death might result, Jt
was decided, upon second thought, to
state the facta to the detectives and by
admitting thj truth save the police a
fruitless Investigation. It was then that
Andrew Clunle wen,t to the Hall of Just
Ice and volunteered the information that
Bert had attempt suicide.
Bert Sticks to Burglar Story.
Still low as Bert was, late at night, he
stuck to his first story that he was the
victim of a robber; whom he confronted
at the back porch of-his flnt. "When De
tective Ed Gibson went to Bert's home
In the afternoon to Investigate the shoot
ing, that up to that time had been care
fully guarded from publicity, he was In
formed and led to believe that the wound
ed man had been attacked by a startled
burglar on the porch. Gibson reported
In. accordance with the statements made
to hlra. with an apparent correctness of
detail which could hardly be doubted.
The captain of detectives was arrang
ing for dealing with a mystery and to
put the machinery of his department in
motion with a hope of discovering a clue
to the murderous burglar, but Clunle In
tervened In time to save himself and the
family of Bert from the disagreeable
charge of deceiving the police.
From the statement of Clunle, Bert
has suffered Intense agony for ten days
from his trouble, and the mental strain
over the operation which he was told
was absolutely necessary to save his life.
He had to give up active work and stay
at home under the care of his wife. Frl
.day night, however, he could stand the
strain no longer, and be went down town
and burled his troubles "In drink.
Comes Home at Midnight.
Bert returned home after midnight
and toid his wife that he had been
followed by two men. He was cxcltel
and Insisted that the men meant him
PAIN DRIVES TO ATTEMPT TO ENn LIFE
WSBpfpY- --i . ji.;TI9asssssitl'a'iE?
Bcmsrc r. Mtr, er sax ncAxcas
harm - and. be. fancied he heard them
outside the house. His mind dwelt on
this 'for some time, but he Anally went
. About .7 o'clock this morning Byt
woke, and remarked to his wife that ne
heard a noise on the back porch and
got up to investigate. Mrs. Bert heard
u shot and running to the door found
her husband lying on the floor with a
bullet wound in his left breast.
"He declared to his wife that tie had
been shot by a burglar. Mrs. Bert Im
mediately telephoned to Clunle and
summoned Dr. Guy Manning. The lat
ter at first believed that the wound
was hot serious and that the injured
man .would recover.
Bullet Aimed at Heart.
That the bullet was aimed at the heart
was apparent to the physician and Mrs.
Bert, for It entered the breast above the
left nipple, and, passing through the left
lung, came out under the left shoulder
blade. The bullet was of J3S caliber, and.
having been, fired from a rifled barrel, it
revolved, tearing a prqbably fatal wound
through the lung. In his statement to
Captain Burnett. Clunle said:
"Bert and I have been Intimate friends
for a long time, and after this affair It
was at my recommendation that nothing
was said-ahout It to the police or press.
"We thought that, as the doctor did not at
first have any fears for his patient, we
had better keep the shooting quiet, and If
Bert should recover, nobody would be the
wiser. But when the doctor changed his
mind' and told us that Bert was likely to
die. I concluded to give the facts to the
police and press.
"For some months Bert has suffered ter
ribly, and sometimes he said he could
hardly stand It much longer. He was un
der the treatment of Dr. Gallwey. who
advised him that an operation would soon
be Imperative, and the sooner It was held
Agony Was Intense.
"About ten days ago he grew rapidly
worse, and since tren he has been almosi
beside himself with Intense pain in his
home. He stayed at home at the urgent
solicitation of friends. He went out last
night and did not return until 1 A. M. He
indulged In liquor to overcome his agony.
"July $. Bert asked SIg Simon to get him
a revolver, which he said, he wanted when
going hunting. Simon bought a cheap pis
tol from Erin Herlnghl. at 123 Powell
street, and gave It to Bert. The revolver
with one chamber empty was found where
It had been thrown by Bert today.
"Dr. Manning gave his opinion that the
wound was not serious. Bert tqld me that
a burglar, had shot him. I went to the
back of the flat nnd found that the shot
could not have been fired from the- outside.
There was no hole In the door, as would
have been the case had the shot come
from outside. The revolver lay on the
floor, and one chamber was empty.
JTfcls.' 'evening. Dr. Ma.nnlng. was sur
prised to notice -the development for the
worse "n the patient, whom be said was
In an exceedingly low condition and In
grate danger of death. Seeing that It
would be,futlie to try to shield my friend
longer, I determined to tell the truth to
the police and the press."
CANAL LABORERS LEAVING
Disgusted With Slow Pay They Take
to the Wood's.
PANAMA. July 15. Special.) Owing to
dilatory methods of paying, laborers, a
general exodus of workmen is taking place
among the employes of the canal. Re
ports from Culebra Indicate that, because
they cannot get paid, laborers are quitting
In score, and bave taken to the woods
for bananas and other tropical fruits to
word off starvation.
Unless a speedy change Is made In the
method of paying wages-, the canal will be
Rain Ruins Indlasa "Wheat.
INDIANAPOLIS, Ind.. July 15. (Spe
cial.) Reports to the News from all
counties of Indiana show that contin
ued rilns have prevented almost 'en
tirely the threshing or wheat In this
state so far. Two weeks ago Indlanlans
apparently had the greatest yield of
wheat In many years., but since harvest
there has been rain practically all the
time. Returns so far indicate a yield
of 20 bushels to the acre. The Indiana
corn crop will be tremendous.
- o. rmmnxir ncmc cmt ba-
Vigorously Denies Any
Thought of Fraud.
HOLDS TIMBER DEALS LEGAL
Advised Dr. Gesner, He Says,
WILLIAMSON NOT A PARTY
Witness Tells a Connected Story, hat
Is Slightly Tangled During 3Ir.
Heney's Rigid Cross
Examlnatlon. This coming week, unless some unfore
seen accident should occur, will see ths
end of the Representative "Williamson, Dr.
Van Gesner and Marlon R. Biggs trial.
-V TH.(re n.hn la tV.u TTr.lt -
ea Biaies iuiu commissioner, iook mo
stan.v In his own behalf, and when Judgo
De Haven adjourned court until Monday
morning, he had assed through tha
hands of the District Attorney. On the
wholo. he made a fair witness for him
self and the two defendants charged;
Jointly with him in the alleged conspiracy.
Under the skillful hands of Attorney
Wilson, Biggs told a plausible story, but
District Attorney Heney, during the
course of an extremely rigid cross-examination,
tangled tEe witness up several
From the beginning of hl3 testimony to
the end. Biggs contended that he- was In
nocent of any wrongdoing, and he denied
having any part In the alleged conspiracy
of suborning entrymen to commit perjury
One of the most Important features de
veloped during his cross-examination,
when District Attorney Heney. jattcJBptedJ
to get from the witness his knqwledge of j
the "Wllllamson-Gesner deal in school I
lands, in the Blue Mountain- reserve. Biggs j
had stated In bis direct testimony that ho
did not, know what Boggs' business was,
although be occupied his office' for a short '
time. Mr. Heney brought out the fact
that Boggs was employed by "Williamson
and Gesner In getting something like
13,000 acres In the Blue Mountain reserve.
Judge Bennett objected to bringing In this
testimony, and also objected to questions
asked of the witness regarding the two
claims that Biggs and his wife filed upon.
Both- objections were sustained by the
Heney's Clever Questioning.
Mr. Heney, by clever questioning, man
aged to get Biggs Into any number of
tight places, and he forced him Into mak
ing answers that were shallow and eva
sive. "When he denied that he knew what
Boggs was doing, notwithstanding that
both were in the same office, and when
he was confronted by the District Attor
ney with his own statement upon the
stand that he had never dreamed that
Representative Williamson was interested
In the lands of which Dr. Gesner was
seeking to obtain the pasturage, and on
which he was lending money, he became
palpably confused and worried. Mr. Heney
pressed him very close on this point, and
called his attention to the checks he had
received In December, one amounting t
$2C5&25, and the other for something Ilka
JS00. Biggs stated that he had not exam
ined the name's on the check, and re
fused to admit that a little thing like the
triple signatures of' Williamson, Wake
field and Gesner would have attracted his
Another question of Mr. Heney.
which worried the witness was the
fact that he could see nothing suspi
cious when so many entrymen were fil
ing on claims for one firm, and when,
that same firm was lending the entry
men money and taking mortgages on.
the land at the same time. Biggs was(
remarkably cool under the constant fire'
of questions, and in spite of the In
credulous smile which came over Dis
trict Attorney Heney's face when ha
made some of his answers, he bore up
well. He denied that he noticed th'
sudden Influx of entrymen which cams
to his office to file on claims for one
single firm. Neither did it occur to
him that there was anything Irregular
or Illegal when he made out the jnort- -gages
and received checks in payment '
for the filing fees from Mr. Gesner.
Counsel for the defense took up the
names of each entryman in turn who .
had testified for the Government, and.'"
asked Biggs If he had sent them to .Dr.'
Gesner. He said that he did not "re- F
member having sent any one to tha"
woods, and as. each name- was mention- .
ed by Attorney Woods; Biggs made th '.
same reply. Mr. "Wilson asked the wits, i
ness if he'knew whether Henry Hudson -
was acquainted with the ceatenta qt r.
the sworn statement that he had mad . .
at the time of filing, and Biggs an- :
swered that he had read the' oath Xm
Hudson aad believed that Hudson, knew
aad understood its KjeaalBg. He alM J
denied that he had told Hudson -t " ,
destroy the aotea aad mortgage so that
.they sight not be feuad ia case an ii- J
spector put ia an appearaaee. JBlgyja "
admitted saving oaee toM Hudson, juat
before the coatlag trial, that "if thejv
cinched one they weald clack ua alL"
Biggs admitted that he had told 2t
ffrsea JSraas that he. thought ha could
get BMaey from Dr. Geaaer; but hie
deated. aaviBs; toM Oiica. that W h4 f
btter get taa atolsay from-talis "sourea. -j
jtCsachiQst a 3 M.)