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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View This Issue
60 Pages fjjj
Pages 1 to 12
VOL- XXVI NO. 26.
PORTLAND, OREGON, SUNDAY MORNING, JUNE 30, 1907.
PRICE FIVE CENTS.
OPENS GATE WIDE
Harrow's Evidence on
STORY OFMURDERTO COME OUT
Gamblers Tell About Poker
Game at Mullan.
PROVING ORCHARD ALIBI
Testimony About Sale of Hercules
Mine Will Be Contradicted by
Records Evidence Conflicts
With arrow's Speech.
GAMBLED AWAY RICH MINE.
6P0KANB. Wash., June 29. (Spe
cial.) "Harry Orchard lost his In
terest In the Hercules Mine in a
poker g-ame at Burke, Idaho, a year
before the labor rlota occurred in the
Coeur d'Alenes." tonight said James
McAlplne. a mining: maa from the
Coeur d'Alenea, who was a partner In
the wood business for nearly two
years with Orchard at Burks.
"Orchard lost 9200 In this game to
William Chapman and gave his one
sixteenth Interest In the mine In pay
ment. Chapman sold the Interest to
Dan Cardoner, who still retains It.
Steunenberg had nothing to do with
his losing his interest.
"When In partnership with me, I
found Orchard to be dishonest and a
liar. His greatest fault was gam
bling." BOISB, Idaho. Juno 29. (Special.)
Throughout the introduction of testimony
for the defense in the Haywood case
there has been the widest latitude allowed
in telling of conditions in the Cripple
Creek and Telluride districts during the
trouble In the period beginning at Tellu
ride in 1902, and extending through the
Cripple Creek disturbances in 1904. Today
was the first time, however, when there
was much of that kind of testimony rela
tive to Telluride. The purpose of this
testimony has been to make it appear
that quiet and orderly conditions pre
vailed until the troops were taken In.
Witness after witness has made that
stntement. and every effort has been
made to Induce the Jury to believe that
the troubles were caused by the military
and the mtne-owners.
This was emphasized today when Judge
Theron Stevens went on the stand and
made such a statement respecting the
Telluride district. .He was the District
Judge there at the time of the troubles
and he had much to say about the re
fusal of the military to deliver up Mover
upon writ of habeas corpus, about Gen
erals Wells and Bell refusing to submit
to arrest, about the orderliness of the
district before the military came and
Opens Doors for State.
The state has introduced considerable
testimony about the outrages in the Crip
ple Creek district, but it has so far been
kept out of Telluride. It now seems
probable that the latitude allowed will
react upon the defense when the stato
Introduces Its rebuttal testimony. It Is the
opinion that the door has been open so
wide that the prosecution must be per
mitted to show why it became necessary
to call In the military and why it was
necessary for the detective agency to put
men into the unions to keep track of
what was going on. If that proves true,
it is likely the jury will get a stirring
picture of murder and outrage of every
character before the case cloetes.
The crimes committed at Telluride were
worse In many respects than those at
Cripple Creek, they were individual and
the victims were slain in the most brutal
manner. Judges like Stevens were relied
upon to protect the assassins, and law
was entirely abrogated as to matters
affecting the leaders of the reign of ter
ror. Introduction of that story of crime
at. the close will be a fitting climax to
the long tale of horrors.
That Famous Poker Game.
Witnesses have again come from the
Coeur d'Alenes. Dr. McGee was here and
aroused comment by his testimony. Now
two other men have been on the stand
swearing strongly for the defense in an
effort to break down the statement made
by Orchard to the effect that he was with
the mob at Wardner on April 29, 1899,
that be assisted In adjusting the charges
of powder under the Bunker Hill & Sul
livan mill and that he touched off the
fuses of one of them. The witnesses to
day were Dominiek Flynn and Patrick
McHale, the former a cigar-store man of
Mullan, who ran a poker room in con
nection with his place, and the latter a
barkeeper who testified that he gambled
whenever he got a chance. Both testi
fied that Orchard played poker in the
Flynn room from noon until 4 in the af
ternoon of that April day. It was there
that Dr. McGee said he thought he saw
Orchard that day, and one of these men
today said Dr. McGee came in during
the play. He also gave the names of
Like Corcoran Trial.
Wonderful memories have those men.
There was a time when It was diffi
cult to find a man In all that region
I .1 - - I ?3 1
Hoke Smith, Inaugurated SUB Got
trior of Georgia Yesterday.
who could remember about any one on
that day, and that was only a few
weeks after the riot. The testimony
reminds those who know something
about conditions after the riot of the
outpouring of witnesses from Canyon
Creek at the time of the Corcoran trial
to testify that they saw the defendant
at Burke, 20 miles away, throughout
that day when the mill was destroyed
and the men killed. The Jury in the
Corcoran case did not believe those
witnesses. Possibly this Jury will be
lieve theBe two gamblers and the croc
tor as against Harry Orchard, and pos
sibly it will not. If it should lonslder
that testimony credible it would over
turn one feature of Orchard's testi--mony,
provided no one shall 'come for
ward in rebuttal showing that Orchard
was at Wardner at that time eight
Evidence Contradicts Darrow.
Another very peculiar feature of this
testimony Is that Mt. Darrow in his
opening statement, to the . Jury, said
they would show that Orchard was at
Wardner, but that he did not take part
In the destruction of the mill. That
statement was made after eerlous con
sultation with Dr. McGee and, when
Dr. McGee had testified that he
thought he saw Orchard at Mul
lan, It was the first . . Intimation
of this line of proof. In the
meantime John H. . Wourms, at
torney for Steve Adams, had been talk
ing with Flynn, according to. the tes
timony of the latter today.
Senator Borah, in his eross-examlnation
of McHale, . scored very' heavily against
another theory of the defense, - that Or
chard was driven out of the district,
that he had to sell an Interest In the
Hercules mine at a sacrifice, and had
therefore treasured a grudge against
Governor Steunenberg which found satis
faction In the bloody chapter written at
Caldwell. McHale said there was no rea
son for his leaving, as there were plenty
of witnesses to prove he was not con
cerned In the destruction of the mill.
Hecords Disprove Story.
There was another man on the stand
who gave peculiar testimony, and that
was J. H. Kamsey, the Murray stage
driver. He testified he met Orchard on
the road soon after the riot and that
Orchard sought to get him to buy hla
Interest In the-Hercules mine for etOO,
as be had to get out of the district at
once. It was told on the stand by Or
chard that he sold 'his interest in the
Hercules two years before that and that
he did not own a foot of property in the
district at the time of the disturbances.
The statement Is fully proved by the
county records, and yet Mr. Ramsey de
clares Orchard sought to sell the interest
after the riot, as he had to flee.
Star Witness for Defense.
Morris Friedman, who copied reports
in the Pinkerton office at Denver while
employed as stenographer, was the star
(Concluded on Page 4.)
HARRY MURPHY TELLS IN PICTURES A PROGRESSIVE STORY OF WHAT MAY HAPPEN TO YOUNG AMERICA ON JULY 4TH
LIGHT IS LET IN
ON SABLE STEED
Johnson Is Watterson's
CHANLER HIS RUNNING MATE
Anti-Bryan Men Lining Up for
BIG STATES ARE FOR HIM
Roger Sullivan Confers With John
son's Manager Pennsylvania,
New York and Illinois Are
Claimed by His Boomers.
CHICAGO. June 29. .Special.) Gov
ernor John A. Johnson of Minnesota is
the "dark horse" of Henry Watterson.
of Kentucky, for the Democratic presi
dential nomination, and political move
ments are going forward which por
tend a lineup of the anti-Bryan forces
in the National Convention of 1908 be
hind Mr. Johnson.
This information was obtained on
high authority today, following discus
sion by local politicians of the action
of the Pennsylvania State Convention
of Thursday in declining to take up a
resolution indorsing William Jennings
Bryan for the presidential nomination.
The report also follows a conference
on Tuesday of Richard O'Connor, of St.
Paul, close ally of Mr. Johrson, and
Roger C. Sullivan, conservative Demo
crat and leader of his party In this
The declaration "of Mr. Watterson
some months ago that he would in due
time proposo the candidacy of a Demo
crat who would appeal to the thought
ful leaders of the party stirred gossip
throughout the country concerning the
identity of the Watterson choice. The
Louisville editor declined to make pub
lic the name of his favorite. It was
stated positively some days ago by an
Eastern .committeeman that Mr. John
son was the man meant by Mr.
"When the time comes," said a Dem
ocrat whose source of information is
the best to be bed today, "the States
of New York. Pennsylvania and Illinois
will be in line for the man from Minne
sota. Democrats who want to win are
getting behind Johnson. There Is not
much doing on the surface Just now,
but the work of organization is in
'"As for his running mate, if we suc
ceed, you can say th:tt Lieutenant-Governor
Lewis Stuyvesant Chanler, of
New York, might be the man."
GETTIXG READY FOR CAMPAIGN
Bryan's Rlght-Hand Man Starts on
OMAHA, Neb., June 29. The Bryan
campaign for delegates to the Demo
cratic National convention has opened In
earnest and tonight Mayor J. C. Dahl
man, Bryan's closest political friend, left
Omaha for a two weeks' canvass of
Wyoming in the interests of Bryan's
candidacy. Dahlman says he will make
speeches in most all the states of the
Union between now and the meeting of
the National convention, .'giving all his
spare time to the work of getting dele
gates for Bryan. In answer to a ques
tion. Mayor Dahlman said:
"I won't exactly say that Bryan has
given his consent to my actions, but he
knows Just what I am doing in his in
terests." CARNEGIE ANSWERS HARVEY
Denies Roosevelt Injured Business
or Europe Gloats.
LONDON. June 29. Andrew Carne
gie, in an Interview dealing with G.
B. Harvey's recent statement that
President Roosevelt's popularity in Eu
rope was due to the fact that his
policy had driven from France, Ger
many and Great Britain all thoughts
of American industrial and financial
"These countries and their govern
ments are not so savage as to gloat
over the misfortunes of other lands.
No nation can prosper without Great
Britain's sharing Its prosperity, and
no nation can suffer reverse without
Great Britain's suffering also. Tha
same applies to France and Germany.
"It Is a surprising commentary on
Mr. Harvey's charge that under Presi
dent Roosevelt's administration our
country has enjoyed the greatest sea
son of material 'prosperity . ever
Mr. Carnegie thinks the present gen
eral decline in values in the United
States is nothing serious; that it is in
every respect a wholesome check,
which it is much better to have come
to the surface, and that the President's
declared intention to regulate corpora
tions is a factor to only a trivial ex
tent. He says that the President is a
truly conservative man, who remedies
abuses. He is the best friend of the
railroads, and so far from lowering the
value of bonds and shares will enhance
their value and give to the European
Investor an element of security hither
Taft Indorsed in Ohio.
BOWLING GREEN, O.. June 29. At a
meeting of the Republican Central and
Executive Committees today a resolu-
Governor John A. Johnson, of Min
nesota, Watterson's Dark Horse for
lrmocmtic Nomination for Presi
dent. tlon was adopted indorsing the candi
dacy of William H. Taft for President.
The meeting was attended by 68 mem
bers of both committees.
COMES BACK FOR TRIAL
Fugitive From Justice Returns From
Canada and Gives Himself Up.
COLUMBUS, O., June 29. Charles E.
Burr, the misstng.jnembnr of the Board
of Public Service, wbo disappeared in
March last, after the grand Jury had re
turned an Indictment against him for
accepting a bribe in connection with the
Broad-street paving scandal, and for sell
ing material to the city from a firm in
which he was Interested, appeared at the
court today and gave himself up. He had
been in Canada since his flight and ar
rived here last night.
Burr pleaded guilty to the charge of
selling supplies to the city while a mem
ber of the Service Board and was fined
$200 and sentenced to three months in
jail. He pleaded not guilty to the charge
of accepting a bribe.
QUAKE RATTLES WINDOWS
New Hampshire City Experiences
PORTSMOUTH, N. H., Juno 29. Earth
trembling's that shook houses perceptibly
at intervals were felt here today. "Win
dows shook and rattled and bric-a-brac
clattered from the shelves. Sometimes
half an hour would elapse between the
vibrations.-.but by sundown 100 .shocks
had been felt. The heaviest came be
tween 6:15 and 5:45 P. M.
CELEBRATING THE FOURTH. .
O, bid your boy pood -bye, ' mother,
"With a loving last embrace.
For my country I'm going to die,
With the heroes to take my place.
Just measure me ' for a shroud,
. Make a date with tbe undertaker.
To Inexorable fate I . am bowed,
I'm ready to meet my maker.
I've laid in a supply of rockets,
I've pin wheels and crackers a
I've bombs In all of my pockets,
There's nothing-, I think, that I
The lads who made tyranny vacate,
Don't measure with me for a min
ute. Our freedom 'tis fatal to celebrate,
But it's merely a trifle to win It.
So, reverently gather the pieces,
Of your scrambled, scattered boy.
Existence with him now ceases,
He's sons to his heavenly joy.
i i, , " . V 1
Pennsylvania to Punish
THEY STOLE OYER $5,000,000
Congressman Cassel Only One
Who Can Be Found.
WHERE DID THE MONEY GO?
Much of It Used to Hide Shortage In
Treasury, Which the Reformers
Would Hare Discovered How
the Scheme Was . Worked.
HARRISBURG, Pa.. June 29. (Spe
cial.) "The' state will be avenged upon
those who have plundered it. Criminal
and civil suits will, be Instituted and
the case is a strong one."
This declaration was made today by
James Scarlet, chief counsel for the
legislative committee which yesterday
completed its three and a .half months'
investigation of the Pennsylvania Capi
tol scandal. Within 30 days the in
vestigators will render a report to
Governor Stuart, and then, when he
turns over the papers to Attorney-General
Todd, will come the retribution.
The investigation has disclosed not
only one of the biggest public scandals
in' the history of the Nation, but lias
brought out some very peculiar facts.
It has shown that, whereas the capitol
was built for less than 14.000.000.
nearly J9,000,000 w:is spent in furnish
ing It. The $4,000,000 spent upon the
building had ben appropriated by the
Legislature and no scandal attaches to
Us expenditure, Dut-not one cent was
ever appropriated for the furnishing of
the building, and It was only by acci
dent last Fall that Stato Treasurer
Berry discovered that nearly $9,000,000
had been taken from the treasury and
sown among, the contractors who vied
with each other In the percentages of
their profits profits which were rarely
less than 400 per cent and in a number
of Instances were more than 20000 per
cent. In one Instance, Sanderson, it is
alleged, charged 13250 for a mantel
which cost him 32.
Under Forgotten Law.
The money was taken under a ques
tionable construction of an old
and- nearly forgotten law which
empowers the . Board of Public
Grounds and Buildings, headed by the
Governor, to make such repairs and
Improvements as are necessary to the
buildings used by the Legislature and
to pay the bill out of the treasury.
That approximately half of this vast
sum used for "furnishings" was
fraudulently obtained Is certain from
the evidence adduced; that any of It
was legally expended is doubtful.
But the great mystery that remains
Is what became of the money. Nearly
all of ' it was paid out to two men
John II. Sanderson, a Philadelphia con
tractor, and Congressman H. Burd
Cassel, of Lancaster, who Is president
of a metal furniture concern that never
had a factory. Tlieir bills were paid
on the certificates of Joseph Huston,
the architect, that they were correct.
There Is nowhere a belief that three
men pocketed all the profits, but no
one knows whom they divided with.
Covering Old Shortage.
A very prevalent belief Is that a
large part of the money was used to
cover a shortage found in the state
treasury following the death of Sen
ator Quay, which would have been dis
covered by the reform treasurer elect
ed in the Fall of 1905. This treasurer,
William H. Berry, did not take office
until the following May. Over $3,000,-000-
was paid out of the treasury on
the padded Capitol bills between the
time of his election and his inaugura
tion. A tremendous amount of the work in
the building is fraudulent. Furniture is
filled with putty and brasswork is
weighted with plglron. To dig out the
putty and other filling and make the
work substantial will cost over $1,000,000.
The whereabouts of the two men most
wanted in connection with the affair is
a mystery. Huston la said to be some
where In a sanitarium, Sanderson can
not be located. Congressman Cassel alone
of the "big insiders" remains within
reach of the law.
The state has spent $13,734703.66 on the
construction and furnishing of the cap
itol. . Of tills amount $3,954,109.07 is the
cost of the actual construction under the
State Capitol Commission. The cost of
completing the capitol under the Board
of Public Grounds & Buildings and its
furnishings as finally determined
amounts to $8,630,594.59.
Distribution of Loot.
The distribution of the enormous sums
spent b yboth boards Is as follows:
Huston, as architect for the
Capitol Commission at 5 pr
cent, and as agent for the
Board of Public Ground and
Buildings, at 4 per cent com
mission $ 515,054.01
Congressman H- Burd Cassel,
formerly a legislator, author
of the proviso that nobody
but the Pennsylvania Con
struction Company, which sup
plied metallic cases and other
items, should have the con
John H. Sanderson, for 20
years a favorite' trimmer and
furnisher for Capitol Hill, for
supplying bronze work, wood
work, decorations and fur
Payne, contractor for . the Capi
tol Commission, and also for
the Board of Public Grounds
and Buildings - 4.004. 858.54
About 95,000,000 Stolen.
As to the looting of the treasury, evi
dence brought out before the investigat
ing committee shows that by way of
overcharges, excessive and Illegal rates
on the per pound and per foot plan, exces
sive profits on specifications, enormous
profits on the metal casings, bronze work,
furniture and decorations contracts the
wrong done the state by these men, rougn
ly classified under the term "graft,"
amount to over $3,000,000.
The whole question of fraud and graft
revolves around Huston and the friendly
contractors and the complaisant officials.
CONTENTS TODAY'S PAPER
YESTERDAY'S Maximum temperature, 76
degrees; minimum, 54.
TODAY'S Generally fair; warmer; wester
Corean delegates protest to Hague confer
ence agalnrt annexation to Japan,
Page 2, section 1.
Many Uvea lost by collision of French war
ships. Page 2, section 1.
Revolution threatens Portugal. Page 1,
Metcalf lets contracts for American Dread
naughts. Page 1. section 2.
Taft says not one penny of graft In canal
work. Page 1, section 2.
Japan- threatens boycott of American trade.
Page 1, section 2.
Governor Johnson to be anti-Bryan candi
date of Democrats. Page X, section 1.
Pennsylvania Capitol thieves to be punished;
how grafters worked. Page 1, section 1.
Bryan campaign started in West. Page 1.
Judge Loving acquitted on ground of in
sanity. Page 1, section 1.
Coburn of Kansas incurs enmity of Secre
tary Wilson. Page 2, section 1.
Judge Land Is will not let Rockefeller dodge
summons. Page 3, section 1-
Colonel Tucker refuses to answer charges.
Page 2. section 1.
Hill's scheme to get control of St. Paul
road. Page 8. section .1-
Protest against girl bathers' parade In cos
tume proves unavailing. Page 4, sec
Peter Pan loses new Coney Island Stakes.
Portland oarsmen leave for Seattle regatta.
Page section 2. '
Valley racing reason opens at Independence.
Page 2. section 2.
Large crowd sees opening day at the
Meadows; talent Is bumped. Page 3,
Defense in Haywood trial produces evidence
of Pinkerton spies and opens door to
much new evidence for prosecution.
Page 1, section 1.
Vancouver puts lid on. Page 4, section 1.
Freak municipal situation at Seattle. Page 4,
Finis to Gordon-Lurch case. Page 4, sec
Portland and Vicinity.
Chief Engineer of fireboat resigns, making
sensational charges of lack of discipline.
Page 11, section 1
Ftrst half of 1007 witnesses marvelous
prosperity In Portland. Page 11, sec
Mayor Lane vetoes Harrlman's tunnel fran
chise. Page 10, section 1.
Mayor Lane will announce appointments to
morrow. Page 12, section 2.
Business men complain of charge made for
water for automatic Are sprinklers.
Page 1. section 8.
Oregon - Suffragists to try again at next
election. Page 8, section 1.
Municipal Judge Cameron says City Attor
ney's office must draw complaints for
his court. Page 10. section 8.
Railroads to give news of wrecks to publle.
Page 5. section 1.
Nebraska people praise Portland. . Page 7.
Commercial and Marine.
Oregon hopgrowers firm holders. Page 8,
Two-cent break in wheat at Chicago. Page
9, section 4.
Stock market resists depressing Influences.
Page 9, section 4.
Surplus reserve of New York hanks not
wiped out. Page 9, section 4.
Wheat, flour and lumber shipments for the
cereal year ending today pass former
records. Value nearly $12,000,000: Page
8, section 4. ,
Engineers find 25 H feet on Columbia River
bar and four distinct channels. Page 8,
Loving Acquitted on
INSANITY PLEA THE PRETEXT
Jury Agrees to Acquit on Firs)
Show of Hands.
LAWYERS' APPEALS WIN
They Plead That Crime Against
Daughter Unhinged Mind Already
Weakened by Drink Verdict
Brings Prisoner's Tears.
HOUSTON, Vs., June 29. After being
out 35 minutes, the Jury this evening re
turned a verdict of "not guilty" In the
case of ex-Judge William G. Loving, of
Nelson, manager of the Virginia estate
of Thomas P. Ryan, who was piaced on
trial here Monday for the murder of Theo
dore Estes, son of Sheriff M. K. Estes, of
Nelson County. Judge Loving shot and
killed young Bates April 22 at Oakrldge.
following a buggy ride tes had taken
with the Judge's daughter. Miss Elizabeth
Loving, who told her father that her
escort had drugged and assaulted her.
The Jury retired at 4:45, and front that
time until the verdict was returned the
defendant remained In the same seat he
had occupied since the trial began, sur
rounded by the members pt his family
with the exception of his daughter.
After the Jury had been excused. Judge
Loving, his wife and other relatives shook
hands and thanked each Juror for the
verdict. Tears streamed from the eyes
of both the defendant and his wife. Judge
Loving was surrounded by many of bis
friends, though there was no demonstra
tion. Agree on First Ballot.
. . Foreman McGraw, a merchant and
farmer, said that, when the Jurors re
tired, one of them did not understand all
of the Instructions of the court, which
were read to him. Mr. McGraw said he
then called for the vote, instructing all
who favored the acquittal of the defend
ant to hold up their right hand. Every
hand promptly went up. When asked
what the basis of the verdict was, he
said: "Insanity." The stress he said had
been brought on by the story told the
Judge by his daughter.
When ex-State Senator W. P. Barksdale
rose to speak for the defense, every avail
able seat was occupied.
Miss Elizabeth Loving has not been in
the courtroom since she appeared on the
Mr. Barksdale said in part: "I know
that there is a suspicion about the plea
of insanity, but the court has directed you
not to look at It with that view.
"The evidence in his case Is that the
defendant was on a continuous drunk for
eight years, and his brain was so im- 4
paired that It suddenly gave way under
great stress. "
"No wonder the light of reason fled
from his mind. W eare not appealing to
you upon the 'unwritten law,' but the .
law that is written on your hearts and
upon the hearts of your forefathers."
The plea of Mr. Barksdale was based
almost entirely upon the preservation of
the sanctity of the home. He was fol
lowed by Mr. Moore, of the defense, who
It is a surprise to me that the defect in
the strings of defendant's mind did not
break when he first heard the story" of hrs
daughter's being brought home drunk and
unconscious. But he did restrain himself
and waited for his daughter. The majority
of men would not nave waited, but would
have lost their control at once. "We have a
preponderance of proof that th defendant
was Insane at the time of the killing.
No Stripes for Virginia Gentleman.
Tou would not raise the moral standard
or elevate the womanhood of Virginia by
convicting. Don't put the badge of dishonor
on him by sending him to the penitentiary.
Don't let It go out to the world that a Jury
of Virginia gentlemen put the felon's stripes
on a Virginia gentleman.
Mr. Moore was followed by John L. Lee,
of Lynchburg, who appealed strongly to
the sympathies of the Jury with both
words and tears. He said:
"Sweep from Virginia the chaste homes
of ithe citizens, and what remains of the
state? The purity and the dignity of
our homes Is the sweetest thing In life
(Concluded on Page 2.)