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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Sept. 2, 1906)
THE SUNDAY QREGOXIAN, PORTLAND. SEPTEMBER 2, 1906. 11 BDGGS READ ' LETTERS TO JURORS Jorrespondence of Agent Used Against ex-Congressman Williamson. WRITTEN TO LAND BOARD Heney Says lie Will Prove Them Links in Chain of Testimony as to Blue Mountain Land Fraud Conspiracy. Evidence tending to prove ex-Congressman J. N. Williamson's share In the al leged conspiracy to defraud the Govern ment in connection with the establishment . of the Blue Mountain forest reserve was the feature of the Mays trial yesterday. The name of James A.' Boggs, formerly of Frlneville, figured conspicuously in the testimony, the Government endeavoring to show that Bogga acted as the agent of illiamson In the scheme to buy worthless school lands and exchange them for valuable lieu-land scrip, after secur ing their Inclusion In the forest reserve. How It happens that Boggs Is neither a co-defendant with Williamson, Blnger Hermann, F. P. Mays, Wlllard N. Jones and George Sorenson In the conspiracy prosecution, nor a witness for the Gov- eminent in self-protection, was explained by Mr. Heney during the proceedings. Ac cording to Mr. Heney, Mr. Boggs, then In the last stages of consumption, left Oregon two years ago and went to Tuc son Ariz., for his health. Later he went to Los Angeles. At the time the Blue Mountain case was before the grand Jury he was too 111 to be moved, and could not be brought to Portland as a witness. For some time he was "shadowed" by Government detec tives, but eventually this Surveillance was abandoned, and Mr. Heney imormed the court that the Government did not know whether Boggs was living or dead. Several Dead Men Involved. A rather uncanny feature of the Blue Mountain case is the constant recurrence, during the trial, of the names of alleged conspirators who have gone beyond the reach of earthly courts and mortal Judg ment. Of the alleged conspirators, two. Senator John H. Mitchell and H. A. Smith, are dead, and the nebulous Mr. Boggs may also have passed to his final reckoning. Boggs is. or was. a land speculator who formerly lived at Dulutli, Minn., and came to Oregon only a short time before the land-fraud scandals began to attract the Government's attention. The testimony at the morning session In the main was introduced by Special Prosecutor Heney to prove that when O. K. Pollock, the Vale bartender, at the Instance of the defendant Mays, circu lated the petitions for the creation of the forest reserve In Malheur Countyf many of those who signed did so under the Im pression that only timbered lands were to be withdrawn from entry, and would not have signed had they known that grazing and arable lands were to be In cluded, as later developed. The witnesses who were put on the stand to tell of the alleged misrepresenta tions made by Pollock were: J. A. Bart lett, of Drewsoy; James A, Weatherly, of the same place; Henry A. Smith, of Beu lah; Bart Cronin, living near Beulah; W. J. Altnow. of Drewsev; S. L. Payne and O. El Oliver, both of Westfall: Flnley McDonald, of Ontario, and John X. Daly and John L. Sltz, of Drewsey. Called on Senator Mitchell. The only other witness at the morning session was J. H. Robblns, of Spokane, who was living at Sumpter. In this state, at the time lands were withdrawn from entry for the Blue Mountain reserve in the Summer of 1902. Witness testified that he was one of the delegation of mining men who called upon Senator Mitchell in Port land that Fall to protest against the per manent establishment of the reserve. Witness said Senator Mitchell promised . that he would look Into the matter, but Intimated that forest reserves "were a hobby of President Roosevelt, and that the withdrawal would probably have to Biana on tnat account. . The Government's claim is that the first moves looking toward the establishment of the reserve were made In furtherance of the conspiracy to defraud the Govern ment, and that President Roosevelt was not consulted. Possibly because Mr. Heney and W. D. Fenton, one of many legal, representa tives of the defendants, had clashed rath er heatedly over the conduct of the case earlier In the morning, but more prob ably because Judge Hunt Is anxious to conclude the trial, the stipulated half holiday was not taken yesterday after noon and the hearing was resumed at 2 o'clock. At the afternoon session Mr. Heney re called Oswald West, state land agent, to the stand and proceeded to prove the signatures to and to Introduce In evid ence a number of letters written bv the missing Mr. Boggs to M. L. Chamberlain, now deceased, then Clerk of the state Isnd board. In the Spring and Summer of JC03. both before and after the temporary withdrawal of lands for the Blue Moun. tain forest reserve. Boggs Wrote Land Board. The letters were Introduced as evidence that Boggs, whom the government claims was an Intimate associate of ex-Congressman Williamson In the latter's schemes to "grab" timber lands in Eastern Oregon, was later In Williamson's alleged plot to enlarge the Blue Mountain forest reserve withdrawal for the purpose of Including school lands fraudulently acquired from the State of Oregon In furtherance of a lieu land steal. In his .opening statement to the jury Mr. Heney charged that Williamson, Boggs and a few of their friends "got wise" at the eleventh hour to the fact that a colossal fraud was about to be consummated in the creation of the Blue Mountain reserve and fairly tumbled over themselves In their haste to fraudulently acquire school lands located within the proposed reserve. Mays' Crowd Beat Them Out. Finding, on attempting to file their fraudulently secured applications, that Mays and his alleged fellow conspirators had got ahead of them, Williamson and Boggs then laid their applications on school lands adjacent to the lands with drawn, with the intention, as Mr. Heney asserted, of securing an enlargement of the ' reserve, through Williamson's poli tical "bull." Another letter from Boggs read in evidence at this time was addressed to Blnger Hermann, commissioner of the general land office at Washington, dated July 24, 1902. In this letter Mr. Boggs tells Hermann that he has read in The Oregonlan of July 23, 1902, that lands are about to be withdrawn for a forest re serve In the Blue Mountains and asks Hermann to give him. If he deems It proper, the limits of the proposed reserve. Boggs' Letter to Hermann. In this letter Boggs states that he and the people he represents are interested in securing Bchool lands in the Blue Moun ' tain district and. is careful to add that bs does not wish to become tied up In any forest reserve. July 84, 1902, was the day after acting Secretary of the Interior Ryan authorized the withdrawal of the Blue Mountain reserve lands, the actual withdrawal being made July 28. File marks on Boggs' letter show that it did ..not reach Wash ington until July 30. A fact tending to prove Williamson's connection with Boggs Is that one of the letters asking Chamberlain -for informa tion concerning school land bears- the memorandum in Boggs' handwriting. "This is for Williamson and myself. Please send the bill to ma." Mr. Heney also Introduced a letter from W"illlamson to Secretary Chamberlain, of the State Land Board, stating that he would guarantee Boggs' checks on the Prineville banks.. Wrote Other Letters, Too. Mr. Fenton's cross-examination was for the purpose of showing that Boggs had much other business with the State Land Board in the Summer of 1902, a fact tend ing to minimize the effect of the letters Introduced in evidence by the Govern ment. Ed W. Mueller, of this city, who was manager of a smelting company in Sump ter in the Fall of 1902, testified to having been one of the delegation of Eastern Oregon mining men who called upon Sen ator Mitchell to protest against the crea tion of the Blue Mountain reserve. Wit ness said that among other arguments the delegation used to Induce Senator Mitchell to secure a reconsideration was the fact that most of the school lands In the proposed reserve had been filed on by speculators Just prior to the temporary withdrawal of the reserve lands. Canyon City Man's Story. George Cattenach, a Canyon City law yer, was next put on the stand by Mr. RIVAL NOTRE DAME What Congregation of Holy Cross Plans for Columbia. NEW PRESIDENT ARRIVES Rev. Father Joseph Gallagher Says Everything Xeeded Will ' Be Forthcoming for Flourish ing Institution Here Rev. Father Joseph Gallagher, the new president of Columbia. University of Port land, elected by the Congregation of the Holy Cross, at Notre Dame, Ind., ar rived yesterday and at once proceeded to the University, where he began to famil iarize himself with the conditions and surroundings of that institution. President Gallagher was born in Phila delphia, Pa., In 1869. and graduated from Notre Dame In 1S94, with honors. Then entering the Catholic University of Amer ica at Washington, D. ' C, he continued his studies in that institution until 18S8, when he was appointed professor of Eng- NEW PRESIDENT OF COLUMBIA UNIVERSITY u,?vy v .if. :-w-T .. w ij I,. BSTSSi' lililSlllll ..'4 : -1 r ; f -j i . - ' . W. : :S;S pss Si; SSy & s;, S: J - x ' 4 r "x s . r v v - I REV. FATHER JOSEPH GALLAGHER. Heney. He testified that in October, 1902, he assisted in preparing certain affida vits, which were forwarded to Washing ton by Eastern Oregon people In sup port of their remonstrances against the creation of the Blue Mountain reserve. Witness thought these affidavits were forwarded direct to the General Land Office. In explaining his reasons for introduc ing the affidavits in evidence, Mr. Heney intimated that the witness was wrong, stating that he merely wished to show that the affidavits, as a matter of fact, were sent to Congressman Williamson, who suppressed them for just one year, then filed them in the General Land Of fice, as shown by his letter of transmis sion, already before the Jury, and the file marks, with affidavits. In the late Summer or Fall of 1902, a score or more of the leading stockmen of the Canyon City neighborhood held an Informal meeting in witness" office to protest against the establishment of the Blue Mountain reserve. Williamson was present at the meeting and argued th' the reserve would be a good thing for the stockmen. Irvln Rittenhouse, private secretary to the chief clerk of the General Land Of fice at -Washington, who has been assist ing Mr. Heney In the trial of the land fraud cases, was called to the witness stand by Mr. Heney to explain the pro cedure of the General Land Office, It be ing Mr. Heney's object to further prove that when the remonstrances and affi davits against the creation of the Blue Mountain reserve were given to William son by his Eastern Oregon constituents. he pigeonholed them and did not file them with the Commissioner of the General Land Office until October 3, 1903, about a year after they came Into his possession. " Not Acquainted With Facts. Mr. Rittenhouse was unable to testify to the exact facts Mr. Heney wished to prove and was excused. The desired in formation will probably be secured from another General Land Office employe who has been subpenaed as a witness for the Government. ; When adjourning court. Judge Hunt announced that he had found that under a decision of the United States Supreme Court in a recent case, it would be im possible for the trial to be resumed Mon day, Labor day having been declared a nonjudicial day. Accordingly, the jury will have two days of recreation under the watchful eyes of two bailiffs, and the hearing will be resumed Tuesday morn ing. Mr. Heney states that he will close his ease by Tuesday evening, and Judge Hunt announced yesterday that in order to hasten the trial to a conclusion he will hold night sessions until the evidence Is all in. Judge Hunt has stated that he will limit the attorneys to eight hours for each side In their arguments to the Jury. lish. in St. Joseph College, of Cincinnati, O. From, that institution he was made director of St. Joseph's Hall and pro fessor at Notre Dame- University, where he remained from 1899 to 1901, when' he was elected assistant rector of tje Holy Cross Seminary at Notre Dame, Ind. "This is the first time I have been on this Coast, but Americans, you know, are the same everywhere in this country," he remarked yesterday, "and I arn at home in this state "I have hardly grasped the situation here at the University, but I can say that the policy of the Congregation of the Holy Cross, under whose control the at fairs of the University are administered Is to make Columbia University a second Your Attorney Will Approve Us Direct your attorney to place your estate matters in our bands, subject to his and your direc tions. Your counsel will appre ciate the advantages of services rendered by a responsible and conservative trust company. "We handle trusts in all forms and under favorable terms. "We also do a general banking and trust business, pay 4 per cent on time deposits, current rates on savings accounts, and accept accounts subject to check. Merchants Investment and Trust Co. CAPITAL, $150,000 247 Washington St. J. Frank Watson, President. W. H. Fear, Secretary. E. L. Durham, Vice-President. S. C. Catching, Assistant Secretary will be the prefect of discipline. He has had long experience in the duties of that position. Also Rev. Father Lavin. who recently completed his studies, arrived with the new president, and will be a member of the faculty. In most respects the faculty remains nearly the same as last year. Rev. H. S. Gallagher remains vloe-president of the institution. PRUSSIC ACID ENDS LIFE Edwin W. Reynolds Felt Himself a Burden to the Family. A bit of prussic acid in the bottom of a drinking glass told the story of Ed win W. Reynold.-!- suicide, which occurred at the Iris rooming-house, at the corner of Third and Mill streets, at half pas? 10 o'clock yesterday morning. Reynolds, who was 69 years old, had been In poor health for some time and Coroner Flnley believes he was tempor arily unbalanced. Reynolds had just been down town and upon returning home handed a note to hia wife, went into the pantry a few moments and then pro ceeded to his bedroom. Fifteen minutes later he was dead. Dr. Holllster. was summoned, but could do nothing more than discover the cause of death. Rey nolds had read in a paper a short time before of a man killing himself with Prussia ackl and had seemed ' interested in the effect of the drug. It is supposed that he had felt himself a burden to, his family. After swallowing the dose he took care to destroy the bottle, but enough poison remained In the glass to tell its nature. - Reynolds, his wife, two daughters, Mag gie R. and Mrs. E. M. Mack, and a son, Louis, now cashier at Hotel Portland, came from Baker City about two months ago and took up their abode at the Iris apartments. Reynolds formerly was agent for the Wells-Fargo Express Company at Baker City, - tut retired from active business several years ago, and had since 'done notarial and similar work. The following was his note to his wife My Dear Wife Maggie: I do this for your good. Read my book. Remember me always and kiss them all for me. Do not let them bury me until I am dead. I shall be with you always. Good-bye, my love, good-bye. Tell them heart dis ease kmed me. EDWIN. CHEATED BY BAD SCALES SEATTLE BOY IS MISSING. EASTERN EXCURSION RATES September 8 and 10. On the above dates th Great North ern Railway will have on sale tickets to Chicago and return at rate of 171. i0, St Louis and return 7.60, St. Paul. Minneapolis and Duluth, Superior, or Sioux City and return, $60. Tickets first-class, good going via the Great Northern, returning same or any direct route, stop-overs allowed. For tickets, sleeping car reservations, or any addi tional information, call on or address H. Dickson. C. P. 4 T. A 123 Third street, Portland. ft 1 Herbert S. Adair. Herbert S. Adair, the 14-year-old son of Dr. and Mrs: J. B. Adair, of Seattle, is still missing from his home, 2219 Third avenue. He left home at 2 o'clock one afternoon and not a trace of him has been found since. He had expresed a desire to visit Portland, and his parents' think he may have come here. He had never spent a night away from home, and there is no reason for his desiring to leave. He is medium size, light hair, large gray eyes, the upper part of his face Is powder-burnt, the result of an accident with a toy cannon, which he suffered some three years ago. When he disappeared he was i wearing a suit of black and knee trousers. His parents and sisters are prostrated with grief. Notre Dame on the ' Pacific Coast. Of course Notre Dame is the leading Catho lic technical school In America, and will so continue, and is the center of techni cal education. There will he no radical change in the policy of the University of my predecessor. I am assured tnat what ever Is needed to make the school -meet every requirement wllj be forthcoming. ' to the erection of a dormitory, it will be built whenever it Is needed. I am told that the outlook is very promising for the coming year." President. Gallagher spent day look ing over the ground and buildings, and also In receiving many friends of the in stitution who called to bay their respects. The University will be opened Tuesday, September 4, and classes will be organ ized Thursday, September 6. With Presi dent Gallagher came Father Thomas Cor- Jvbett, of Curby Hall, Notre Dame, WboJ Portlanders Lose Thousands Annu ally, Says New York Salesman. According to C. C. Claggett. of New York, the people of Portland are vic timized to the extent of many thousands of dollars annually by merchants who use dishonest scales. He declares that a very large percentage of the computing scales in use in Portland are so adjusted that the customers pay from 20 to 25 per cent more than they think they pay. Mr. Claggett will appear before the health and police committee to the Council this week to see If an ordinance cannot be passed forbidding the use of the scales he terms dishonest. "The people of Portland have been sys tematically swindled by scheming mer chants for yearB because of these fraud lent scales," he stated yesterday. "Un doubtedly some merchants purchased them Innocently and are unconscious that they are swindling their customers. Then merchants who use these scales have the advantage over competitors who are thus sometimes driven to dishonest methods. By using fraudulent scales the former can afford to mark their goods down and customers think they are obtaining bargains." Mr. Claggett Is a dealer 4n scales. TO TELL OF PASSION PLAY William Hudson Will Describe What He Saw at Oberammergan. "The Passion Play As I Saw It." is the subject which Jay William Hudson will present at the Unitarian Church next Friday evening, September 7. The views Illustrating Mr. Hudson's lecture are the only ones of the last performance (1900) vouched for by the authorities of Ober ammergau. Two thousand years have passed since the tragedy occurred on which the "Passion Play" is founded, yet Bed All - Brass I TOTTl J L i jw This Brass Bed, Only $38.00 We show today a sample from our all-brass Bed line, quoted at an unusually low figure. It is on display in our First-street window, and when you inspect it you will agree with our statement that it is "one of the best buys" ever offered in this line. A superior quality of ma terial is used in mating all our brass beds, from the lowest to the highest priced, patterns. Our standard finish is the highest grade gold lacquer obtainable, and we guarantee its last ing qualities. We employ specfal finishes such as satin or polet. The satin finish is a Roman gold effect throughout, is very pleasing to tho eye, and of lasting durability. The polet is. a combination the pillar mounts, vases, husks, rod-ends and castings, have the standard gold lacquer finish, while the pillars, rods and scrolls are finished in satin. This number 6030 has the polet finish. It is exactly like cut; full size; has 2-inch pillars capped by 4-inch husks and 3-inch ball vases; size of top tubes, 1 inch; other tubing 34-incll; height of head, 64 indies; foot, 43 inches; weight, 100 pounds. A beautiful Bed, and one worthy of a place in the finest Nob Hill man sion. You are not required to pav $ti0 for this golden beauty, but only Gevurtz' low price, which is..Sj538.0O FOLDING SANITARY COUCH, $7.00 No. 1005. The above cut shows our Metallic Couch. It has strong, all iron frame, simple and positive locks, oil-tempered Helicals'1 and spirals. 'Fabric is made of the best quality tinned wire, and will never sag. Fin ished in dead black or gold bronze, as desired. . Width of seat, 23- inches ; height of seat, 18y2 inches; length, 74 inches; width, open, 50 inches. - Gevurtz' price . $7.00 STORE CLOSED TOMORROW LABOR DAY YOU ARE WELCOME TO CREDIT Pay a little down, then a little at a time. This store has become famous for the easy terms and courteous treatment of customers. GEVURTZ & SONS "GEVURTZ SELLS IT FOR LESS" 173-175 FIRST ST. 219-221 YAMHILL ST. on every representation It attracts by thousands from all over the world. The most enlightened philosophers, learned di vines and the greatest artists flock to see a dramatic version of a story well known to them all from their childhood. Mr. Hudson witnessed this last performance, journeying to the little Bavarian village of Oberammergau to study the famous play, the quaint old village and above all, the players, with some of whom he be came personally acquainted. He w'' to create a lecture on the "Passion Plajr" which would be absolutely correct, omit ting none of the more fascinating details, but, above all, entering Into the moving spirit of the great drama. Mr. Hudson is assistant teacher of philosophy In the University of California under Professor Howision: he Is a young man of remarkable brilliancy, a good thinker and a spirited speaker. been a publisher and editor for more than 10 years, and published a paper at Weston, Wash., before coming to Mll-waukie. Girl Arrested in Beer Garden. Peter Quinn, a young man, and Bessie Mosgrove, a 17-year-old girl, were dis covered in Otto Nussler's saloon and beer garden at Eleventh and Washington streets. They were placed under arrest, the charge against the girl being "minor in saloon," and against Nussler "and Qulnn that of supplying liquor to a minor. All were released on hail, that of the young people being fixed at 150 eaoh, while Nussler had to guarantee his re turn with $100 in coin of the realm. SPECIAL EASTERN EXCURSION RATES. On September 8 and 10 the O. R. & N. makes a special rate for tickets to East ern points and return. Full particulars In regard to limit and stop-over privileges by calling at the O. R. & N. ticket oflice. Third and Washington streets. Portland. INDORSES THE STATE FAIR Jefferson Myers Talks of Its Value and Forecasts Large Attendance. Hon. Jefferson Myers, prominent as president of the.; Oregon State Commis sion of the Lewis and Clark Exposition, returned yesterday from Salem and is highly elated over the prospects of the Oregon State Fair to be held this month. Mr. Myers Is chairman of the Oregon Commission to the Jamestown Exposition of 1907, and last year .was one of the guiding spirits of the great Exposition. In regard to the State Fair he says: "I visited the grounds yesterday, and their condition and the improvements made since the last fair will be a reve lation to every visitor. The work of the Oregon Development League has given wide advertisement and created great en thusiasm for this year, and It looks as If the attendance would be the greatest In the history of the State Fair. "President Downing and Secretary Dur ban are doing splendid work. They are the right kind of officers, and from the Interest created in Marion County It Is evident that their work Is well appre ciated. The fair Is an educational Insti tution, from which every producer of livestock, grains or fruits will receive great benefit. "No appropriation could be made by the state which would be more valuable than the amount provided for the fair, If the people show the proper effort and enthu alasm. : "I expeot to' visit the fair, and hope that every citizen will give It a day or two. xne puonc snouia nnd out lor them selves just what the board and officers are doing to advertise and develop Ore; gon." Will Have Eye Removed. Charles Ballard, editor of the Milkaukle Bee, Milwaukle, Or., has decided that it is necessary to have bis left eye removed and will undergo an operation In Port land this week. He has suffered for the past five years with an irritation of that eye, which has continued to grow worse until the right eye Is ceing affected. 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