The Sunday Oregonian. (Portland, Ore.) 1881-current, June 30, 1907, Image 1

The Sunday Oregonian., June 30, 1907, Image 1

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Newspaper Page Text60 Pages fjjj Pages 1 to 12 VOL- XXVI NO. 26. PORTLAND, OREGON, SUNDAY MORNING, JUNE 30, 1907. PRICE FIVE CENTS. OPENS GATE WIDE FOR PROSECUTION Harrow's Evidence on Telluride Strike. 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 so on. 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 other players. 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 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 years ago. 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 Dark Horse. CHANLER HIS RUNNING MATE Anti-Bryan Men Lining Up for Minnesota Man. 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 state. . 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. Watterson. "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 progress. '"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 Stumping Tour". 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 rivalry, says: "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 known." 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 to lacking. 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 100 Shocks. 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, mother, -' With the heroes to take my place. Just measure me ' for a shroud, mother; . Make a date with tbe undertaker. To Inexorable fate I . am bowed, mother; I'm ready to meet my maker. I've laid in a supply of rockets, mother; I've pin wheels and crackers a stack; I've bombs In all of my pockets, motber. There's nothing-, I think, that I lack. The lads who made tyranny vacate, mother. Don't measure with me for a min ute. Our freedom 'tis fatal to celebrate, mother. But it's merely a trifle to win It. So, reverently gather the pieces, mother. Of your scrambled, scattered boy. Existence with him now ceases, mother; He's sons to his heavenly joy. Harry Murphy. i i, , " . V 1 RETRIBUTION DUE Fl Pennsylvania to Punish Capitol Thieves. 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 1 AH 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 tract 2.072,450.53 John H. Sanderson, for 20 years a favorite' trimmer and furnisher for Capitol Hill, for supplying bronze work, wood work, decorations and fur nishings 5.487,898.45 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 The Weather. YESTERDAY'S Maximum temperature, 76 degrees; minimum, 54. TODAY'S Generally fair; warmer; wester ly winds. Foreign. 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, section 1- National. 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. Politics. 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. section 1. Domestic 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 tion 2- Sport. Peter Pan loses new Coney Island Stakes. Page 14. 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, section 1. Pacific Coast. 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, section 1. Finis to Gordon-Lurch case. Page 4, sec tion 1. 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 tion 1. 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. section 3. Commercial and Marine. Oregon hopgrowers firm holders. Page 8, section 4. 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, section 4. UNWRITTEN LAW RULES VIRGINIA Loving Acquitted on First Ballot. 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 witness stand. 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 said: 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.) :