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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (April 28, 1907)
Pages 1 to 12
VOL- XXVI NO. 17.
T GUILTY. Sf
JURY OF HERMANN
No Wrong Done in De
HERMANN-VOICES HIS RELIEF
Says Record Is Open and
Never Feared Exposure.
JURY CONSULTS ALL NIGHT
Judge's Charge Favorable to Her
mann and After Hearing It the
Jury Quickly Agrees Trial
OREGONIAN NEWS BUREAU, "Wash
ington, April 2". Binger Hermann
walked out of court today a free man.
No longer does he rest under the
charge of having fraudulently de
stroyed 35 letterpress copybooks Just
prior to his retirement from the of
fice of Land Commissioner. That he
destroyed the books he does not, deny,
but that he did so with wrongful In
tent is denied by both Hermann and
by the Jury, nd Its Judgment is final.
His so-called private letter books
may have contained some offi
cial letters, Hermann may or may not
have known of this fact, but the Jury
has held that he did not fraudulently
destroy the books. He did not destroy
them for the purpose of Impairing the
usefulness of the records of the gener
al land office nor to cover his own
tracks, and so holding, the jury set at
naught more than six weeks' testimony
Introduced by the Government to show
Gets More Instruction, Then Agrees,
The Jury brought In its verdict
of acquittal at 12:40 o'clock. The Jury
went out yesterday at '8:28; It had. not
agreed at 10 o'clock last night and vas
locked up. It had not agreed when court
met this morning, but at 11:30 asked that
the Judge repeat his charge. Justice Staf
ford devoted exactly one hour to review
ing the most important features of his
charge, and the Jury at 12:30 again retired.
In a few minutes word was sent to the
court that an agreement had been reached.
In the meantime Hermann and bis coun
sel, his wife and friends had left the
court and the Judge was at lunch. A hur
ried search was made, the principals were
brought In, and In response to a question
of the Judge, the foreman of the Jury re
plied that a verdict had been found.
"What is your verdict?" the court
"Not guilty," was the reply.
Demonstrations of Joy.
As the words were uttered H. P. Gat
ley, Hermann's son-in-law and associate
attorney. Jumped up, threw his arms
about Hermann's neck, and the two af
fectionately patted each other on. the
back. Meanwhile each Juror was asked If
he found the defendant not guilty, and
On motion of counsel, Hermann was
discharged and released from bond and
the jury was dismissed.
Hermann at this -point walked over to
the Jurybox and shook hands with each
Individual member of the Jury, thanking
him warmly. He also shook hands with
some of the court officials, but over
looked the District Attorney and his asso
ciates. Mrs. Hermann did not return to
court In time to hear the verdict
"It Is a very strange thing that a man
should be In public life 40 years, and be
the kind of man painted by the prosecu
tion," said Hermann afterward, "and not
be found out until the end of that "time.
My life has been in the open. I have
long been before the public eye, and
never had any fear of exposure. I am In
tensely gratified at the finding of the
Jury. It was only a fair verdict."
Judge's Charge Convinced Jury.
It is commonly, reported that at the out.
set the Jury stood seven to five for ac
quittal. This morning- all but one Juror
was won over and a repetition of the
Judge's charge readily convinced him that
tls 11 associates were correct.
The Judge in his charge, today as yes
terday, made It plain that unless th Jury
was satisfied beyond all reasonable doubt
that Hermann was guilty of every charge
of the indictment. It must return a ver
dict of not guilty. It was not enough
that the Jury bb convinced Hermann's
letter-books contained official letters; not
enough that it be convinced the books
formed part of the rocords of "the Land
Office or that they were referred to by the
Land Office employes; that It must be
satisfied that Hermann knew their con-
Emma Eamea, Who Hag Been Grant
ed Divorce from Julian Story.
tents to be official, knew that in destroy
ing them he was destroying records that
would be called for in connection with
subsequent Land Office business, and that
it must further be convinced that the
custom and practice of the office required
that such letter-books be left permanently
In the Land Office.
The fact that a repetition of the charge
so quickly convinced the outstanding
Juryman of his error is regarded as con
clusive evidence of the friendly tenor of
the Judge'B charge.
Hermann has made no plans for the fu
ture. He will eventually return to Ore
ton, but whether he will again venture
'into politics Is yet to be determined. He
said tonight that his time had been so en
grossed with the trial that he had given
no thought to the future. He stated, how
ever, that the verdict was not a surprise
to him. He had been conscious all along
of his Innocence and having every confi
dence in the fairness of the Jury, felt no
concern about the outcome. He expressed
deep gratification at the fairness of the
Judge's charge to the Jury.
Tonight Hermann is receiving scores of
telegrams of congratulation, besides re
ceiving friends and telephone messages.
In the length of time consumed and
the amount of testimony taken, the Her
mann trial exceeds all records of late
years. In proportion to the gravity of
the offense alleged it is without precedent
in local court annals. It Is the second
trial ever brought under that section of
the statutes prohibiting the-destruction
of public records and, like the first. trial,
resulted in the acquittal -of the defendant.
Nearly 2.O00.000 words of testimony were
taken, and it is estimated that'the stenog
raphers' bill alone is about $15,000.'
HERMANN'S FRIENDS JUBILANT
Think Government May Not Push
Oregon Indictments Now.'.
Whether v Binger Hermann,' who, ac
cording to a ' Washington, T. C, Jury,
was not guilty of destroying Govern
ment letter files, will be tried on the
three conspiracy indictments-is a mat
ter of some speculation. All the evi
dence worked up against Hermann
upon which these three indictments
were found was collected by Francis J.
Heney, W. J. Burns and Thomas B.
Neuhausen, and at the time they were
(Concluded on Page 3.)
Singer and Artist to
Go Separate Ways.
MEDDLING WOMEN THE CAUSE
Carried Evil Reports of Hus
band to Mrs. Story.
MASKED BALL THE CLIMAX
Married When Story Was Poor, hut
He Aided Singer's Success Sup
posed Infatuation for Girl
Alienated His Wife.
NEW YORK, April 27. An interlocu
tory decree of divorce from Julian Story
has been granted Mrs. Emma Eames
Story. by which she Is given the right to
resume her maiden name and to remarry
during the lifetime of Mr. Storey.
The suit was brought in White Plains
in January last. Witnesses were exam
ined by a court referee in this city last
month. By tacit agreement the parties
to the suit maintained secrecy. The for
mal filing of the decree of absolute di
vorce Is expected within a day or two.
ALIi DIE TO MEDDLING WOMEN
Story's Cousin Says There Was No
Cause for Separation.
PHILADELPHIA, April 27. Dr. George
MacCIellan, cousin of Mr. Story, said of
the trouble between the artist and his
"The trouble between the Storya start
ed more than a year ago. even before the
much talked of masked ball gtven at the
Bellevue-Stratford In February . of last
year.. They were virtually separated
then. It was started and fomented by
a number of meddling, gossiping women.
"Mrs. Story Induced her husband to
come to this city, as he was 111 and It
was desired that he should place himself
under my treatment. Mrs. Story's early
success was primarily due to her hus
band. The family connections she ob
tained brought her recognition she could
not otherwise have got. Mr. Story, upbn
locating in this city, built up a lucrative
business as a portrait painter and then
the meddling women got busy and spread
reports of his relations with several of
the women of this city whose portraits
he painted. These tales were carried to
Emma Eamea was married to Julian
Story In 1S91, two years after her debut at
the Grand Opera House in Paris in "iio
meo et Juliette." It Is said that at the
time of the marriage Julian Story was a
poor artist, struggling to make his living
In Paris. He went to Emma Eamea'
mother and asked her If he could marry
"Tour marriage to my daughter is Im
possible," said Mrs. Eames. "She is
wedded to her art. If she sould marry
you, it would be necessary for her to
leave the stage and devote herself to
other interests, and that would be a
"Ah, Madame," it Is reported Mr. Story
replied, "I have never had the least in
tention of asking your daughter to leave
the stage if she married me. If she did
that, she would have nothing to live on
as I have no money at all."
In spite of this conversation, they were
shortly afterward married In London.
Her success in America followed. They
apparently lived harmoniously until about
two years ago. It was reported that the
trouble between them dated from a mask
ball given at the Bellevue Stratford last
year by Story, and his supposed infatua
tion for a debutante who was present.
This waev however, denied by him sub
sequently and he declared that no other
woman was concerned in the case. More
than this he would not say.
Madame Eames was born In 1S67 In
Shanghai, China, where her father was
a lawyer. She was brought to America
when a child and educated in Boston.
Later ohe went to Paris to study music
and made her debut in 1S89 at the Paris
Grand Opera In Gounod's "Romeo et Ju
Julian Story is a son of the eculptor,
W. W. Story. He was educated at Eton
and Oxford and lived in Paris from 1SS2
until his marriage. The Storys had two
homes abroad. One was in Paris. No. 9
Place des Etats Unis, the other In Italy.
It ta known as the Torre di Camplglioni,
and Is a two hours' drive from Florence.
WILLCOX'S FINANCES GOOD
Cousin Says That Ha Was Not Fi
NEW YORK, April 27. David Willcox,
who shot himself while returning from
Italy on the steamer Barbarossa, was
not in a straitened condition, financially,
according to his cousin, W. S. Willcox.
Although he lost, heavily during the
recent flurry in Wall street he was still
a millionaire. W. S. Willcox. said today
that. in. view of the reports, he had In
vestigated the safety-deposit vaults where
his cousin kept his personal eecurltlees
and found them intact.
CONTENTS TODAY'S PAPER
YESTERDAY'S Maximum temperature, 02
dcg. ; minimum, 40- deg.
TODAY'S Fair; northerly winds.
Gossip of European capitals. Page 85.
New movement for Irish Independence. Page
E. W. Wright on moral depravity in Lon
don. Page 42.
Attitude of great powers on limiting arma
ments. Page 3.
President Roosevelt visits Jamestown and
return to Washington. . r age o.
Tafi speaks at Cincinnati, and Is boomed
lor President against ms -wui. rse
Bonaparte booms Taft. Page 1.
Fairbanks speaks against state rights. Page
J. M. Beck savagely attacks Roosevelt. Page
Fairbanks applauds Roosevelt policy. Page
Senator Flint declares for Roosevelt's re
nomination. Page 2.
Taft admits candidacy for President. Page 2.
Stuyvesant Fish sarcastic about Wall street.
Bhuberts Join theater trust with all lndepen
dent theaters. Page 2.'
Binger Hermann acquitted at Washington.
Emma Eamea gets divorce; Story's friends
blame meddling women, page l.
Suit against Howard Gould seems connected
with suit for aivorce. i-age i.
Exiting chase after criminals In Nevada-
All nromlnent labor leaders committed to
defci.se of Moyer, Haywood and Pettl-
bone. Page 3.
Twelve miners drowned In flooded mine at
Johnstown, Pa. Page 3.
Tornado in Texas kills eight persons and
does much damage, page d.
Haskln on railway mall service. Page 33.
All boats In Coast university races swamped
in heavy sea. Page 14.
Relay races at Philadelphia. Page 14.
Hawley makes balloon ascension at St.
Louis, page 2.
Chester Thompson may have to serve time
In' prison. Page 4.
Because horse balked, Tacoma man pulls
out its tongue. Page 4.
Scion English nobility In Jail at Spokane.
McManus trial suddenly adjourned by seri
ous illness of Juror. Page 5.
Portland Ind Vicinity.
South Portland mass meeting develops great
bitterness against Southern pacific Com
pany and City Council over Fourth-street
situation. Page 8.
Strange story of Roland Wills' premature
death and of wife's dream of details,
both coming true immediately, is dis
closed. Page 24.
Boilermakers' strike practically ended. 10
out of 28 returning to work. Page 24.
Candidate Coffey speake before Sellwood Re
publican Club. Page 8.
FT1 1 05.0
TAFT TRYING TO
DODGE HIS BOOM
Hailed as New Presi
dent at Cincinnati.
YALE MEN ACCLAIM HIM
Yell With Glee When Candi
dacy Is Sprung on Him.
WILL NOT TALK POLITICS
War Secretary Heads Off Demon
stration and Speaks of Yale's
Greatness Death of Foraker's
Brother Stills Controversy.
CINCINNATI, O., April 2T. Smoking the
pipe of peace with his frionds, but carry
ing a war bonnet within easy reach. Sec
retary of War Taft today returned to his
home reservation. His public utterances
were devoid of political import and his
private words were of harmony and good
will. During the afternoon he sat In po
litical council with the wise men.
The Secretary himself was silent upon
all matters relative to the Presidency.
Senator Foraker, leader of the faction
opposing the Secretary In this state, sus
tained a deep personal sorrow in the
death of his brother, James R. Foraker,
It is therefore certain that there can be
during the present trip no political argu
ment or debate between the Secretary and
Hailed as Next President.
The friends of the Secretary were more
demonstrative than he, and chief among
them were the men from Tale, who came
here, as did the Secretary, to attend the
annual convention of the Associated
Western Yale Clubs. Mr. Taft, as presi
dent of the organization, presided at the
business meeting this morning and at the
banquet this evening. Although the Sec
retary said he did not allude to politics,
there was no such restraint upon the
young men from Yale. They hailed from
nearly every state and their allusions to
the "next President of the United States"
were frequent and popular. The Secre-'
tary Ignored the demonstrations as well as
- The first outbreak came In the morning.
The Secretary, as presiding officer, had
announced the personnel of a nominating
committee and mentioned the offices they
were to fill. As he finished, a voice of
fered the amendment of "and so nomi
nate the next President of the United
States." A spontaneous yell came from
the convention, but the Secretary was
Declares Boom Out of Order.
'The gentlemap Is out of order," said
the Secretary with such a look of pre
cision that the men who had cheered
tried to make up for their own miscon
duct by glaring with strong disapproval at
the man who had led them astray.
At tonight's banquet, signs of the com
ing Presidential campaign were plentiful.
The Secretary was noncommittal, but for
the men from Yale the bow of Presiden
tial promise was already arching the sky
and it formed a political halo for the head
of Taft of Yale.
Mr. Taft delivered the first address
of the evening. He pointed out that
the formation of Yale clubs and clubs
of the graduates of other institutions
had grown into a custom, and he brief
ly outlined the idea which led to the
formation of the Western Federation
of Yale Clubs, which had its first meet
ing in Chicago two years ago. its sec
ond in St. Louis and now its third in
Cincinnati. The advantage of such an
organization, to his mind, is that it
makes for the good of Tale In that
11 rouses interest in the university the
country over and binds together in
sweet memories the members of the
organization. He continued:
Influence of Tale In Nation.
The effect, therefore, of an associa
tion which speeds the evangel of the
Tale spirit through the country by
bringing to the university students
from all "over the country continues
and adds to the character that Yals
has always enjoyed. Another benefit
which follows from the organization of
a club, or an association of clubs like
this, is the fact that it furnishes an
opportunity for the crystallization and
expression of opinions by the alumni
of the university upon the broad poli
cies to be pursued in the progress
which the university makes.
. Like every good thing in the world.
W. II. Taft, Whom Yale Men
Boom for Prealdeat Against
Yale is a growth, and It is growing
more today than ever before in its
history. The expansion 'in the univer
sity in the last 20 years has been much
greater than in the previous 100 years.
It Is not because hazing has disap
peared, because drunkenness Is very
much less, that therefore men may not
develop rugged practical qualities fitted
to resist temptations of after life; and
all of us ought to rejoice that the ma
terial, growth of Yale since we were
fhem has been paralleled by an im
provement, in the moral tone of the
student body and in the stanaaras set.
hv thiit nubile opinion which is eVen
stronger as an Influence in. the col-
io nminHir of New Haven than in
the body politic at large. The change
has not affected the spirit of inde
pendence, of self-reliance or democracy
that .we all like to think ot as espe
daily characteristic of Yale.
Not Sectarian In Hellglon.
Mr. Taft adverted to the fact that since
the last meeting of the federation he had
been honored by election as chairman of
the governing body of Yale. He pointed
out that in the evolution oi tne univer
sity Yale is not now a sectarian lnstltu
Thi. u official." he said, "for it has
come within the benefits of the Carnegie
fund as a non-sectarian institution, and
it is purely so."
' He expressed gratification that he had
found the viow taken by the clerical mem
i.. nt th. Yale Comoration with ref
, tn llhApnl Instruction, narticularlv
in theology, to be broad and tolerant. He
said, however, that the corporation pur
sued the wise policy of not meddling and
of leaving to the president the manage
ment of the various departments. - He
stamped with his approval the Yale meth
nA rr Honllrts' with athletics. ' indicating
his belief that public opinion would place
restraint upon excesses in respect to
athletics. He was gratified to. see the
spirit of appreciation of high scholarship
that was displayed by the students at a
recent meeting of the Phi Betta Kappa
Association. He added:
We are here to acknowledge the debt
that we owe and the gratitude that we
feel to our alma mater. Taken as a
whole, Yale men are not wealthy. I think
(Concluded on Page 2 )
' V -
, iimnrftmiii'ii mf i'(r iiTruinftTimtrttKah-i-.ftli'
IN NEW TROUBLE
Sued for $250,000 by
SUGGESTION OF BLACKMAIL
Plaintiff Notorious Under Sev
GOULD'S MARITAL AFFAIRS
Having Separated From Masterful
Wife, He Contemplates Legal Ac
tion and Woodward Offered
Testimony Very Delicately.
NEW YORK, April 27. (Speclal.r-nA.
summons was served upon Delancey Nlcoll
today by attorneys for William Carroll
Woodward, notifying him that suit for a
large sum of money, believed to be J250,-
000, would be begun within 20 days against
himself and Howard Gould for breach of
contract- Mr. Nlcoll," as attorney for Mr.
Gould, acknowledged service. Later it
was ascertained that the plaintiff. Wood
ward, volunteered to furnish evidence in
the Interest of Mr. Gould in a contem
plated legal action which Mr. Nlcoll had
He wanted compensation for bis serv
ices. These consisted in giving his own
testimony in a delicate manner as well
as obtaining other evidence along the
same lines. Police Inspector McLaughlin
was said to have been working in the
interest of Mr. Gould. The offer of
Woodward was tentatively considered and
his alleged testimony investigated, and it
was learned that it would be unwise to
place him upon the witness stand.
Woodward Has tSther Names.
Another' attorney who has been men
tioned" In .connection with the case Is
Chandler A. Oakes. When found In the
Hotel Cadillac tonight. Mr. Oakes said: .
"I am not in any way connected with
the case. All that I know about it Is
that Delancey Nlcoll called me into
his office some months ago to con
sult' with me about a matter with
which Woodward was said to be con
nected. I know Woodward. He is
'Billy' Woodward, sometimes known as
'Big Hawley,' and the same man who,
as the 'Hon. Liortel Musgrove,' cut such
a swath in English society some time
Gould Couple Separated.
Although he was devotion itself, for
years submitting to every whim of hla
masterful wife, who was Katherlne
Clemmons, an actress, before he mar
ried her, Howard Gould, much to the
amazement of the public, also of his
friends, took up his residence apart from
his wife in September last, making hls"
home at the Waldorf-Astoria, while Mrs,
Gould put up at the St. Regis and subse
quently retired to her country home at
Sands Point. '
Immediately after the return of the
Goulds upon their yacht, the Niagara,
last September, the couple separated and
the estrangement became so pronounced
that friends of the pair sought to ascribe
the difficulty to disagreement over the
employment of servants.
' It is said that Mrs. Gould, who Is rep
resented to have run things her own way
about Castle Gould, differed with her hus
band over the employment of a superin
tendent. She desired to have the man
discharged, it was said, and Mr. Gould