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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 16, 1905)
Wttittt IBSSSSBX3K. UBKJ'B IS 48 PSGES 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 tive Decision. 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 denied. "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 present them. 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 lng so. 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 decision aside. The other matters set forth and urged for arrest of Judgment do not require any separate consideration. The motion In arrest of Judgment will be denied. 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. I'age 2. ' Russia. Move to force Crar to abdicate. Page 13. Bomb thrown at Oovernor Maxlmorlch. Page 13. Foreign. 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. Notional. President orders that Jugglersof cotton ta tUtlc be brought to Justice. Page 2. Career of new Government engineer at Tort land. Page 3. Domestic, Hill's fight for railroad franchlre In Canada. Page 10. New Yprk City buys home for consumptives. Page 3. 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. PacMcCejlst. 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. Page -4. 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. import. 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 33. Active movement Jn country produce. Page 35. 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 30. 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. Page 1. 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. Page 30. 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 48. Lighter side of a doclora life. Page 38. Commander Calkins Interviews Rurslan naval officers. Page 37. First ascent of Mount Rainier by white man. Page 41. Monument t5 the greatest or Indian fight era. Page 38. Frederick J. Hat Win's letter. Page 46. Holy Moses. Bedella and the unbelievers. Page 39. Dr, Hlllls sermon. Page 48. Humor from Lire. Page 45. Social. Pages 20-27. Beaches. Page 2S. DramatlcPage 23. Mac-lc Page 30. Books.. Page 34. , Raises, amatesr cracksman. Page, 47. HowretioM aa4 laaatoaa. Pages 42-43, Teatfc.' MMrtmnt JTaxc 43, i.B.RRIMAN TRiES 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 Equltable's funds. 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 tor Dcpew. "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 Equitable." 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 ting employment. 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 the nelgaberaeed. 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 It ssiar E. F. BERT TB1ES TO K ? L L HIMSELF Baseball Magnate Aims Pistol at-Heart. 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 His Home. 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 own life. 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 Bs8sSll 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 to sleep. . 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 the better. 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 without laborers. 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- BIGGS TESTIFIES FOR DEFENSE Vigorously Denies Any Thought of Fraud. HOLDS TIMBER DEALS LEGAL Advised Dr. Gesner, He Says, When Consulted. 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 .times. 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 court. 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 attention. 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.)