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
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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
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Merchants
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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
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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
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A beautiful Bed, and one worthy of
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FOLDING SANITARY COUCH, $7.00
No. 1005. The above cut shows our
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oil-tempered Helicals'1 and spirals.
'Fabric is made of the best quality
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desired. . Width of seat, 23- inches ;
height of seat, 18y2 inches; length, 74
inches; width, open, 50
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$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.
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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. It
became evident that the sight of the left
eye would be destroyed, and with the
prospects In view of also losing the right
one, Mr. Ballard decided that an opera
tlon was necessary. Mr. Ballard has
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BLOOD POISON, SOKES, ULCERS, SWOLLEN GLANDS, SKIN DISEASES
KIDNEY, BLADDER and RECTAL DISEASES and all dllraira and
weaknesses doe to dissipation, habits or tbe result of specific diseases.
Write for Symptom blank If you cannot call.
HOURS 9 A. M. to 5 P. M.; Evenings, 7:30 to 8; Sundays. 9 A. M to
IT noon.
ST. LOUIS Medical and Surgical DISPENSARY
CORNER SECOND AND YAMHILL STREETS. PORTLAND. OREGON.
Remember This:
Consultation Is Free!
Our fee for lay uncom
plicated case la $12.50
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