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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 21, 1907)
V Pages 1 to 12 VOL- XXVI NO. 29. PORTLAND, OREGON, SUNDAY MORNING, JULY 21, 1907. PRICE FIVE CENTS. sill I- I r HAWLEY DISSECTS 'S Strong Proof He Insti gated Murder. UNION PERVERTED TO CRIME Witnesses for Defense Per jurers or Deceived. LET LAW GOVERN IN IDAHO Haywood Ustens Intently and With, out Emotion as Prosecutor Mar shals Evidence to Show Him Great Among Criminals. BOISE, Idaho, July 20. James H. Hawley, leading counsel for the State of Idaho, presenting the first of the arguments to the Jury in the case against 'William D. Haywood, spoke for nearly eight hours, distributed over three sessions of court. Even when the forenoon session today had extended far beyond the customary time limit, every seat In the court room was occupied and remained so until the last word was spoken. None listened more attentively to the argument than Haywood, the defend ant, and none showed less . emotion. From time to time he took copious notes In a small book and frequently made suggestions to one or other of his counsel, seven of whom were In court today. Throughout the day, Mr. Hawley used an almost conversational tone. The analysis of testimony In contra diction of Orchard's story concluded frequently with the denunciation of witness after witness as .a wilful per jurer or guilty of unintentional false hood. When he had spoken five and a half hours, Mr. Hawley reached Cald well, where at the. -close of the year 1905 the preparations for the murder of Steunenberg was afoot. His voice now found a sympathetic note and, as he told of the last moments of the ex-Governor, the courtroom was hushed and the jury leaned forward to catch the speaker's every word. Mr. Hawley's peroration was impres sive. There was no attempt at any flight of oratory, but only a strong note of deep sincerity and great earnestness when he pleaded for an honest Judgment from honest men of Idaho. Mr. Hawley said he did not charge that a majority of even that many of the Western Federation of Miners were criminals, but that the evil deeds of the officers and of the scum of the organization had brought discredit on the rank and file. The time had indeed come, he said, when right thinking men should rise and make war upon the evil influences that were the curse of all labor organizations. On the adjournment of court until Monday morning, Mr. Hawley was showered with congratulations. FEDERATION MEN ARRAIGNED Hawley's Forceful Argument Arouses Darrow to Fury. BOISE. Idaho, July 20. Continuing his argument for the prosecution in the Haywood trial, J. H. Hawley today said that Immediately after the train wrecking Incident on the Florence & Cripple Creek line, Orchard was found again In the employ of the Federation. Taking up the matter of the attempted assassination of Governor Peabody, Mr. Hawley repeated much of the tes timony of Orchard as to the plans he and Bteve Adams laid to kill the Gover nor either by bomb or with sawed-off shotguns. Orchard's testimony was am ply corroborated, counsel declared, Mrs. Peabody herself taking the stand to tes tify to one of the most Important Inci dents. The attorney told of Governor Peabody's activities in the Colorado trou bles, and declared that the strongest mo tive for his taking off rested with the Western Federation of Miners. No possi ble personal motive," said Mr. Hawley, HAYWOOD E 's Many salmon are entering the Columbia River. If they conld take the overland route, they might have some chance. could be attributed to either Steve Adams or Harry Orchard. While arguing this incident, Mr. Hawley soon precipitated an exciting battle of words with Clarence Darrow, of the de fense, in which "untruth" and "deliber ate falsehood" were freely used on both sides. Lawyers Pass the Iile. "If," said Mr. -Hawley, "there was a word of untruth in Orchard's testi mony as to the attempts on Gov ernor Peabody, who of all men was the best witness to so tes tify? A man who Is now in the base ment of this building, a man who stood in the esteem ot the leaders of the Western Federation of Miners second only to Or chardSteve Adams. The prosecution brought this man to Boise so he could be used by the defense if it so desired " "I object to that," shouted Mr. Dar row, Jumping to his feet "It is an abso lute untruth, as counsel well knows, and there is no such record in this case." "If you say what I have stated is an untruth," replied Mr. Hawley in anger, you utter a deliberate falsehood." Mr. Darrow renewed his objection and then Judge Wood took a hand. He said he would instruct the jury to disregard . all statements made by counsel not borne out by the evidence. Why Did Not Pettibone Testify? Mr. Hawley then continued: "There Is Just one other man who could deny Orchard's statements as to Governor Peabody. That man is George Petti bone. If he did not counsel the pro posed murder; If he did not furnish the sawed-off shotguns, why didn't they bring him here to say so? There is no evidence to contradict Harry Or chard. Does counsel expect to wipe out the facts by mere argument? They cannot do so." Carrying forward his address In chronological order, Mr. Hawley next took up the Independence Depot explo sion. He ridiculed the Idea that the Mine owners' Association was responsible for the outrage, and asserted that the evidence adduced in support of that theory was either from witnesses shown to be perjurers or utterly ab surd on the face of it. The facts were as stated by Orchard, he said. Bringing his argument down to the attempt on the life of F. W. Bradley In Ban Francisco, Mr. Hawley reviewed first the testimony as to money sent to Orchard in San Francisco by George A. Petlbone. As to the motive against BradlC; it was to show to the world that the Federation did not forget its enemies even after a lapse of years. Mr. Bradley had been the manager of the Bunker Hill & Sullivan mine, which was blown up in 1899. McGee Mistaken as to Datee. Referring to the testimony of Dr. I. L. McGee, of Wallace, Idaho, that he saw Orchard there during the Summer of 1904, Mr. Hawley said Orchard could not have been there, and that Dr. Mc Gee was either grievously mistaken as to dates or stated a deliberate false hood. Dr. McGee was recently arrest ed for perjury. As to the killing of Lyte .Gregory, Mr. Hawley said the evidence showed that Gregory was a companion of De tectives Scott and Sterling, against whom, the Western Federation had grievances. Orchard must have been serving the Federation In killing the man, for he had no personal motive. He said: "Again, In this crime of killing Gregory, we find Steve Adams directly involved and George Pettibone as giv ing the instructions. Again, may I k why these two men have not been called here to deny the allegations Orchard has made against them. I leave the answer to your judgment and your intelligence." The prosecuting attorney next went over the various attempts made by Orchard on the lives of Judges God dard and Gabbert and Governor Pea body. The escape of each of these men from destruction, especially Mr. Pea body, was miraculous, Mr. Hawley de clared, and the motive for their re moval lay in the Western Federation of Miners and not in the breat of the man hired to commit the crimes. The size and destructive character of the bomb finally made by Orchard to de stroy Mr. Peabody would seem in credible, if the deadly engine itself had not been introduced. N Hatred of Steunenberg. ' After he had spoken for nearly an hour at the afternoon session, Mr. Hawley finally brought his argument down to the death of ex-Governor Steunenberg: "He appears to have been partic ularly obnoxious to the Western Fed eration of Miners," said the attorney. "The articles which have been intro duced here from the Miners' Magazine show the lasting hatred that the or ganization bore him. Never has a man been more vilified than was he. Frank Steunenberg had been a member of a labor union, so when the mining trou- ( Concluded on Page 4.) Mayor Lane "I never thought that blamed stuff would hold Brain like this." THIRTY ONE DEAD L Men, Women and Chil dren Butchered. " LIST OF INJURED IS SEVENTY Michigan Excursion Train Hits Freight at High Speed. CRASH HEARD FOR MILES Horrifying Scenes Follow Smash. Boy Finds Mother Dead Beside Him Women Scream for Their Injured and Dead Children. SALEM, Mich., July 20. Thirty-one peo ple are dead and more than 70 injured, many of them seriously, as the result of a head-on collision today between this vil lage and Plymouth, when a Pere Mar quette excursion train bound from Ionia to Detroit crashed into a westbound freight train In a cut located at a sharp curve of the Pere Marquette Railroad, about a mile east of Salem. THE DEAD. HOMER SMITH, a boy, Ionia. ALBERT TRAUTWINE, whose body was cut in two, Ionia. JOHN TOFEL, Ionia. ( CHARLES HESS, Ionia. HERMAN HESS, Ionia. DANIEL, HESS, Ionia. "WILLIAM CORNELL, Ionia. DON ROGERS, Lowell, Mich. DICK JONES. Ionia. MRS. ABRAHAM EDDT, Ionia. EWARD GALLAGHER, aged 18 years, Ionia. FRANK DOUSE, Ionia. L. K. MERRILL, aged 88 years. Ionia. HENRY REYNOLDS, a Pere Marquette engineer, Ionia. CHARLES McCAULEY, SR., Ionia. A. P. HERBERT. Ionia. ' EDWARD DURLING. Ionia. CHARLES BROAD, aged 18, Ionia. JAMES. .VISARD, Ionia., WILLARD STAGER, Ionia. WILLIAM GOTT, Ionia. MRS. AUGUST RICHTER. Ionia. FRED FITZGERALD, Ionia. BRAKEMAN ED. CORWAN. FIREMAN KNOWLES. WILLIAM EVANS, 20. Ionia. FRANK LATHAM. 18, Ionia. BENJAMIN DURLING, 45. Ionia. CHARLES FENTON. fireman freight en gine. Grand Ledge. HARRY WILLIAMS. 17, Ionia. E. J. PIXLEY. conductor of passenger train, body ground to pieces and scarcely enough fragments found to Identify it. James Vieard was a well-known ball player. Herman and Daniel Hess, aged 15 and 18 years, respectively, were the sons of Charles Hess. A widow and six other chil dren are left by Hess. Six Cars Wrecked. The passenger train of 11 cars, car rying the Pere Marquette shop em ployes of Ionia and their families to the Michigan metropolis for their annual excursion, was running at high speed, probably 50 miles an hour, down a steep grade. It struck the lighter locomotive of the freight train with such terrible force as to turn the freight engine completely around. The wrecked locomotives this afternoon lay side by side, both headed" eastward. Only a few of the freight train's cars wero smashed, and it 'took only a few hours' work to remove all traces of thorn from the scene. But behind the two wrecked locomotives six cars of the passenger train lay piled in a hopeless wreck. Four of the passenger coaches re mained on the track but slightly dam aged, and wero used to convey the dead arid injured to Ionia; one coach was en tirely undamaged, with only its forward trucks off the rails. The two coaches next ahead of these were telescoped. The next car forward stood almost on end after the wreck, its forward end resting on the roadbed. Fireman Dies on Train. Fireman Knowles died on the relief train en route to Detroit, bringing the list of dead to 30, with a possibility that more bodies might be found In the wreckage, and that several of the In jured may die. Responsibility is put square upon the crew of the freight train by officials of the road. Those who arrived at the HORROR PEN PICTURES OF THE WEEK'S DOINGS AS VIEWED BY HARRY MURPHY Uncle Sam seems a satisfy. ccene of the wreck soon after the acci dent secured from the crew of the freight the ordors under which it was running, and which clearly showed the position of the passenger train, and that the freight had encroached upon the other train's running time. The collision occurred at 9:13 o'clock, and the freight train should have reached Salom at 3:10 to be .within their orders. Cars Are Crowded. The excursion train left Ionia, crowded with men, women and children at 6 o'clock this morning. It was the annual excursion of the shopmen of the road to Detroit. Every lamlly had its lunch baskets, and many of them were eating when the two trains crashed together. The impact was ter rific, and a number pf passengers alt ting near the windows of the tear end of the undamaged ocaches were thrown through the widows to the ground. There was a panic among those in the uninjured coaches for a few moments. Then, as the uninjured people realized that they had not been hurt, they rushed from the cars to the rescue of their friends and relations who were pinioned among the wreckage ahead of it- Families were scattered among dif ferent cars and there were frenzied searches for missing relatives. Mothers' ran screaming up and down Searching for their children, while many of the young people were as frantically call ing for their parents. Sees Father Hurt. S. Dennehy, a' young man of Ionia, was in the last coach, while his sister-was in one of the middle' coaches, and his father and mother were In one of the most eerlously damaged cars. "We felt the Jar when the airbrakes were applied," said Mr. Dennehy,. "and then before anyone had time to stand up or leave his seat, came the crash of the collision. In the confusion of the moment, I did not realize that the (Concluded on Page 5.) if " KELLY MURDERER OF GEORGE SAYRES RELEASED FROM PRISOX. Governor Heeds Influential Petition In Behalf of Man Convicted of Heinous Crime. Joseph ("Bunco") Kelly was yesterday pardoned by Governor Chamberlain from the Oregon State Penitentiary, where he was serving a life sentence for the mur der of George W. Sayres in this city in September, 1894. In ordering Kelly's re lease from prison Governor Chamberlain was Influenced by a strong petition In the prisoner's behalf which was ;flled in the executive department three years ago. This application included the names of many prominent business men of Port land. ex-Dlstrlct Attorney -Wilson T. Hume, who prosecuted Kelly, and George H. 'Williams being among the signers. Kelly arrived In Portland last night. "Under the Oregon statutes an impris onment of 15 years is considered a life sentence."" said Governor Chamberlain last night, "and Kelly has served nearly 13 years. For the last three years there has been on file In my office at Salem a long petition, signed by many prominent Portland people who at that time request ed the action I took today. Kelly is quite an old man, while his record in prison was beyond criticism. Kelly was theonly man convicted and punished, although others were unquestionably implicated In the murder." Crime Was Shocking One. The crime of which Kelly was convicted was among the most brutal in the history of Portland. Between 8 and 9 o'clock on the night of September 26, 1S94, George W. Sayres. who resided with his wife at Ful ton Park, was enticed from his home and taken to the bank of the Willamette River, about 200 yards distant, where his assailants murdered him by crushing his head with a hatchet, after which the body was thrown into the river. Ten days later the body was found floating in the river between the Ainsworth and the Mersey docks. Postmaster John TV. Minto, who had assumed the office of Chief of Police only a few days before, assisted by his detective force, immedi ately began an investigation which re sulted in the arrest of Kelly, "Bob" Gar thorne, George Powers, Paddy Lynch, Thomas Carroll, Thomas Burns and James Mehan, a majority of whom had served terms in some Pacific Coast peni tentiary. Kelly and Garthorne were In dicted for the murder, and upon being arraigned pleaded not guilty. The other men were held as witnesses. At the Coroner's Inquest the first chains in the link of circumstantial evidence on which Kelly's conviction was secured sub sequently were forged. Mrs. Sayres testl- Concluded on Page 5.) hard customer to - Ex-Senator Mnlkey "Will there be any thing left for me, I wonder f" POLIGEMM'SSHOT FELLS BIST Random Bullet Strikes illiam Stevens FIRED BY OFFICER ROBERTS Patrolman Says Revolver Was Accidentally Discharged. DRAWN TO REPULSE MOB Wounded Man, Employed as Driver by Local Ice Company, Will Probably Die Mob Threat- . ens the Bluecoat. William Stevens, 35 years old, a driver for the Ice Delivery Company, was shot and probably fatally wounded by a bullet from the revolver of Patrolman Griffith Roberts, at East Sixth and Morrison streets, at 11:10 o'clock last night. The shooting was the result of a row which occurred In the Gilmore saloon, on the southwest corner of East Sixth and Mor rison. Shortly before 11 o'clock, Captain Slover, in response to a telephone call, ordered Roberts to go to the Gilmore resort and quell a disturbance there. When Roberts entered the place a num ber of patrons of the place were congre gated at the bar, Mrlnking and using coarse and profane language loud enough to be heard on the street. Roberts or dered them to be quiet, when a young fellow, whose name could not be learned, called the officer a vile name. The po liceman took him from the place, gave him a lecture and ordered him to go home. ' The companions of this man evidently Delieved Roberts had their friend under arrest and rushed out of a rear entrance andcame upon the officer and his man at the corner. They rushed the police man and succeeded In separating him from his man, and at the same time some of the rowdies began throwing stones. One of the missiles struck Roberts in the stomach and another on the shoulder, while a third missile went through the window of a tailoring establishment next door. While this row was going on. Ste vens and two friends, William Fisher and W. E. Galvin, were concluding a midnight meal In a restaurant a few yards away, and, attracted by the noise, Stevens and Galvin went across the street to see what the trouble was. Fisher In the meantime taking a car for the West Side of the river. According to the story told by Galvin at police headqaurters, as soon as they saw that it was a fight with a police officer and that Roberts had pulled his gun, they turned to leave the scene, as they did not want to get into troublf. Galvin's story of the affair Is as fol lows: "As soon as Fisher got his car we ran across the street to see what the trouble was about. The officer was standing in the center of a crowd, and when he pulled his gun after a rock was thrown, I said to Stevens, 'Come on before we get hurt.' It seemed that I had hardly turned to go when the shot was fired and Stevens fell to the ground beside me. I srsked If he was hurt, thinking for the moment that he had stumbled, but when I looked at him I knew he had been shot." He has worked with me for about three months and is a splendid fellow. He was not troublesome and drank very little. He has a brother and two sisters living at Aberdeen, Wash., and as far as I know those are his only relations living. He Is about 35 years, of age and Is not married. I don't know his address, but he lives near the Steel bridge." Jake Crabel, Another witness of the affair, who lives across East Sixth street from the- scene of the shooting, is inclined to think that the shooting was an accident. He said that Rob erts certainly had provocation enough to draw his gun, but that he did not believe (that the officer fired at any one with intent to wound or kill. He saw tome of the missiles thrown and NDEH may be able to identify those who threw them. Patrolman Joe Keller, who resides across the street from the scene of the shooting, was aroused by the shot, but saw nothing of the affray, for he had retired early. Keller endeavored to se cure the names of some of the men who had the altercation with Roberts, but they had all departed or dodged the issue when questioned. Some of the rowdy element which col lected at the scene after the shooting proposed to wreak vengeance on the policeman, but the timely arrival of sev eral officers from the central station dis persed the mob. Patrolman Griffith Roberts, who is one of the oldest and most reliable men In the department, is distracted over the unfortunate affair and nearly wept while making his report to Captain Slover. 'He is a strong powerfully built man and his evident grief over the unfortunate affair was pathetic in the extreme. Roberts said: "I did not intend to use the gun when I pulled It, but desired to make a bluff. Suddenly a rock struck me In the side and In the pain of the blow I must have pressed the trigger, although I Intended the shot for the fellow who had Just broken away from me and was running across the street." , Patrolman Roberts' report to Captain Slover reads as follows: "Captain Slover Tonight at 11:10 o'clock I went into the Gilmore saloon, at the southwest corner of East Sixth and Morrison streets, to stop the boister ous and profane language complained of by passersby. When I entered the men were extremely . loud and vulgar, and one who abused me, a young man about 22 years old, called me an exceptionally vile name, and I took him from the place, Intending to send him home. Four or five men followed me, going out a rear door, and when they came upon us, told me I would havo to let the young fellow (Concluded on Page 4 CONTENTS TODAY'S PAPER The Weather. YESTERDAY Maximum temperature, 01 de grees; minimum, 62 degreee. TODAY Probably showers; cooler. South westerly wind. ForrLrn. Rioters in Setul burn Ministers' houses, re duce capital to anarchy. Page 2, Sec tion 1. fiau'i trial causa challenge for duel Haii volunteers story of movements. Page 2, Section 1. Durliwn 5e la Rochefoucauld and Countess Spottlswoode still quarrel In court. Page 2, Section 1. National. Colonel Ay res retired from Army against his protest. Page 8, Section 1. Government Increases salary of Assistant Postmaster Shipley and grants more as sistants. Page 1, Section 2. Politics. Bryan .. abandons government ownership policy and defines Democratic platform. Page 4, Section 1. Domestic. Thirty-one persons killed in a train wreck In Michigan. Page 1, Section 1. Railroads providing cars to move crops. Page 3, Section 2. Mystery of murder charge against Maglll. Page 5. Section 1. Corey says he will remain president cf bteel Trust. Page fi. section l. Tornado In South Dakota. Storm kills one In Montana and heat In Pittsburg kills many. Page 1, Section 2. Pacific Coast. Hawley finishes strong arguisnt In Hay wood trial. Page 1, First Section. Attack on streetcar causes riot in San Fran cisco. Page 1, Second Section. Government grooming mall steamers for transport service. Page 3, Second Sec tion. If mlllmen refuse to accept advance In rates, they must face car shortage, says Hill. Page 6, Second Section. New Washington parole law will empty the ' Penitentiary. Page 5, Second Section, President Coleman, of "Willamette University, may" be elected bishop in Methodist Church. Page 6, Second Section. Sports. Portland wins 12-lnnlng game from San Francisco, S to 4. Page 2, Second Sec tion. Auto dealers to hold endurance run to Sa lem and return. Page 4, Fourth Section. Ninth annual tennis tourney for Oregon championship opens Tuesday. Page 2, Second Section. Commercial and Marine. Hop dealers may operate railroad ware houses. Page 7, Fourth Section. Free selling breaks Chicago wheat market. Page 7, Fourth Section. Sluggish movement in stock market. Pago 7, Fourth Section. Government survey shows 20 feet of water on Coos Bay bar. Page 6, Fourth Sec tion. Portland and Vicinity. . Policeman Griffith Roberts fatally wounds William Stevens by accident. Page 1, First Section. Portland Chamber of Commerce flies com plaint with State Railroad Commission against the O. R. & N. Page 8, First Section. Real estate and building news. Page 4, Second Section. Portland commercial bodies tender reception to Oscar Straus. Page 8, First Section. Police discover romance in Huber murder case. Page 12, Second Section. Judge Samuel R. Artman declares saloon has no legal status. Page 10, First Section. These scenes may look alike, but are said to be very different. SCHOOL SYSTEM FULL OF DEFECTS RunonProvincialLines Says Educator. MACHINE IN FULL CONTROL City Superintendent Lack? Ripe Scholarship. ' TRAINED TEACHERS FEW Curriculum Many Tears Behind the Times, Asserts Writer Board of Education Fosters Common-Place Architecture. PORTLAND'S SCHOOL SYSTEM. , The following article on the faults of Portland's school system Is by a prominent educator, whose name for obvious reasons Is not attached to the article. It Is the first of a series In which the writer will point out the defects of the system as he sees them and will suggest remedies for the people of Portland to adopt In order to effect Improvements. ARTJCLE I. 1 The average citizen Is too concerned with personal matters to pay much at tention to school affairs. Although the Board of Education disburses nearly half the city's revenue over a half million dollars, so little heed Is paid to the an nual school meetings and the election of, board members that both scarcely ruffle the surface of public attention. Because but little complaint Is heard the summary and unexplained dropping of both efficient and a few Inefficient teachers people ' conclude that "things must be running pretty smoothly." But a city school system's "running smooth ly" Is not the only desideratum. To manage 12,000 school children and their parents smoothly Is one thing, to cause growth and to develop these children harmoniously Is quite another and a higher type of efficiency. Portland for years has allowed its city schools to run on provincial plans satis fied with the supervision of men of local preparation and of limited preparation at that. Let It be said at the outset that those of our citizens who give school matters serious consideration be lieve that the city should employ the best at hand, but when this best falls short of being adequate then we owe nothing to these Instructors of our youth. It is doubtful If another city of the size of Portland in the United States employs a city superintendent with no further In stitutional equipment than ours seems to have. He is not a graduate of a col lege or a university. That he could not formulate a primary or even a sec ondary course of study for our city, be cause he has never pursued courses be yond them himself, Is not quite selr evldent. for self-made men often lead the world in their chosen lines of re search. The fair presumption Is, how ever, that the ripest scholarship Is none too good or expensive for a great city like ours, which certainly means to give Its youth the best. School subjects have values. Methods of reaching valuable training and results In education must be weighed. The greater cities of the country long ago have demanded expe rience and broad scholarship in their supervising corps. Portland has not, for what has been said of the head of our schools Is also true of his assistant, who has been in charge the better part of the last year. Ample opportunity has arisen' during the past years for these men to have been called out in the meetings of that great body of educators, the Na tional Educational Association, where they might have taiken their places along side of brainy men who are delving into the unsolved problems of education. Their absence has too often been con spicuous and the subject of remark. It has not been so in medical, financial, horticultural and civic conventions of (Concluded on Page o. ) Mr. Harrlman "Why balld new railroads for you fellows, when I'd only be making kickers like those over there?"