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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (July 28, 1907)
56 Pages fflW V Pages 1 to 12 VOL- XXVI NO. 30. PORTLAND, OREGON, SUNDAY MORNING, JULY 28, 1907. PRICE FIVE CENTS. 0 f : HAYWOOD JURY ALMOST UNITED Ml But One for First Degree Verdict. OTHER FOR SECOND DEGREE Twelve Men Wrestle With Problem All Night. Hardly stop for meals Judge's Instructions Rather Favor Defense Haywood's Mother Breaks Down, but Prisoner Shows No Perturbation. BOISE. Idaho, July 27. (Special.) At fl:80 this evening there waa an un confirmed rumor that the Haywood Jury stood 10 for murder In the drat degree and 2 tor second degree. At 11 o'clock the Jury was reported to stand the aame. BtMSBJ. Idaho. July 28. (Special.) At 1:30 A. M. It la said one of the two Jurors contending for second de cree has been won over, the Jury standing- 11 for first degree and one for second. , BOI3B, July 27. In the small, bril liantly lighted Jury room n the second floor of the square red brick court house of Ada County, the twelve men who, for many weeks past, have listened to the testimony offered against and In defense of William D. Haywood, secretary-treasurer of the Western Federation of Miners, were wrestling at a late hour tonight with the problem of a verdict. Outside on the green lawn shaded by giant trees silent bailiffs kept vigil to see that no tresspassers should come within hearing of the discussion which filtered through the open windows. In side the big courtroom a group of newspaper men sat and chatted with Judge Wood and the court officials. The general public was excluded early In the day and stairways and passages leading to the Jury room were closely 1 guarded. Five Verdicts to Choose. From. It was four minutes past 11 o'clock this morning when the Jury, after re ceiving Instructions which were decid edly in favor of the defendant, retired to Its deliberations and so far it has failed to agree upon any one of the five propositions laid down by the court. They were: Murder In the first degree, murder In the second degree, voluntary manslaughter. Involuntary manslaughter, and not guilty. When the luncheon and dinner hours arrived, the twelve Jury men, many of them well along toward their allotted terms of three score years and ten, were escorted to the ' house where they have made their home ever since the beginning of the trial and there the meals were served. Less than 25 minutes' were occupied with the lunch eon and but a few minutes more for dinner, the Jurors being apparently anxious to return to their duties with all possible speed. Today has been one of the hottest. of the Summer and the southwestern ex posure of the Juryroom has made It the target for the blistering afternoon" days of the July sun. Once secluded from the formal atmosphere of the courtroom, the jurors quickly stripped off coats ana collars and prepared to make their con finement as comfortable as possible. A glimpse Into the room late today showed the Jurors lounging about In comfortable attitudes and seemingly content with the progress they were making. Still Hope for Agreement. Despite the long time the jury has been out tonight, there still exists a hope among those who have followed the trial that some sort of a verdict may he reached. That affairs have not come to a deadlock was indicated during the afternoon, when the Jurors sent out a request to Judge Wood for some of the most Important documents Introduced as exhibits. These nad to do directly AS MANY DEMOCRATS I T- x M . eivUa fff! ' X - I' - lit III - W I' '1 M with the alleged conspiracy against ex Governor Frank Steunenberg, for whose murder Haywood has been on trial and In connection with which C H. Moyer and George A. Pettlbone" are yet to face a jury, 'iiie first of the exhibits asked for was the telegram which Fred --..ler, of Spokane, sent to Harry Orchard the day following his arrest at Caldwell, the little village a short distance from Boise where the assassination took place In December, 1905. Jack Slmpkins is said to have engaged Mr. Miller. The second exhibit asked for was the tele gram which Slmpkins sent to Haywood two days later saying he could not get a lawyer to defend Orchard. The third was the copy of the letter Orchard said he received from Pettlbone In the Cald well jail, telling him that "That was sent to Jack the 21st," and lastly the Jury called for the six drafts which Haywood sent from Denver to Slmpkins, one be ing for $100 and bearing the date of December 21. Haywood's Mother Breaks Down. The tragic event of the day was the collapse of Mrs. Etta Carruthers, the aged mother of Haywood. Completely' if stiff's , 1 5 i p' Hw" v fJl Jndse Fremont Wood, Who De livered His Charge to Bay wood Jury Teaterday. broken down and suffering from nervous prostration, she was taken to St. Luke's Hospital, where It was said that while her condition Is not serious, she will re quire attention for some time. The strain of the long trial has told more keenly on the mother than any other member of the prisoner's family. She was not in the beet of health when she reached Boise from her home In Salt Lake and for several days past It has been noticed that she seemed steadily to fall. Today as the jury retired and as her son was led away to his cell, Mrs- Carruthers reached her arms about his great broad shoulders and tenderly kissed him. This THE HAYWOOD JURY. Retires 11:04 A. M. Goes to luncheon 12:18 P. M. Resumes consideration of verdict 12:43. Ooea to dinner 6:81 P. M. Returns to Jury-room 6:30 P. M. Robertson on verge of exhaustion, Eenda for exhibits 4 F. M. Judge leaves Courthouse 10 P. M. Reported to stand 11 for murder In first degree; 1 for murder In second degree. was the only demonstration in the court room, which was but half filled as Judge Fremont Wood delivered his charge and instructions to the Jury. Mrs. Haywood, the defendant's invalid wife, has stood the heat and strain of the trial with apparently no 111 effect upon her already delicate health. Bailiff Causes False Alarm. Judge Wood, apparently anticipating that the jury would be long at its task, suggested to the twelve men In the box before him at the end of his charge that they take their chair cushions with them Into the jury room. Late In the after noon the throng of waiting reporters and officials was thrown Into a fever of ex citement by one of the bailiffs rushing frantically Into the courtroom. There was a general rush for position and the jury was expected to report. The bailiff, how ever made his way to the jury-box and there took possession of two cushions which had been left behind several hours before, and hurried away to the Jury room with them. The incident caused much amusement The court session which began this morning when the Jury was instructed by Judge Wood will continue without In terruption until the jury reaches a ver dict or until the foreman announces the belief that an agreement . is Impossible. Judge Wood has not ventured an opinion (Concluded on page 2.) THINK THEIR PARTY SHOULD NOMINATE A NEW CANDIDATE FOR THE PRESIDENCY, MR, BRYAN MIGHT FIND IT A GOOD HOPELESS SPLIT IN GLASS' JURY Deadlocked With Five for Conviction. LAWYERS TELL SAME STORY Only Question Is Whether Glass Gave Bribe. SECOND TRIAL TO FOLLOW Agreed That Boxton Was Bribed, but Did Glass Do It Jury Probably Will Be Dis charged This Morning. SAN FRANCISCO, July 27. (Special.) After being out for 30 hours without reaching a verdict, the Jury in the Louis Glass bribery case was locked up for the night at the Falrmount Hotel. No for mal report was made by the jury to the Court after noon today, but at 11 o'clock tonight Bailiff Ryan, who is in charge of the Jury, reported to Judge Lawlor that the jurors were atlll deliberating and that there was no break In the deadlock which developed in the first ballot on Friday night, when the trial was con cluded. It Is the understanding of the attorneys, both for the prosecution and the defense, that the jury stands tonight seven for conviction and five for acquittal. This understanding, however. It Is admitted by both sides, is not based on positive knowledge, but the fact that both sides agree as to the standing of the jury has caused this statement to be generally ac cepted. The jury has been balloting con stantly since it retired, with the excep tion of the time from 10 o'clock this morning to 1 In the afternoon, when the Jury was. In court, whither It went to ask for the re-reading of important testi mony. The testimony which the jury desired read to it was that of the directors of the Pacific States Telephone Company, in order to determine exactly If it were pos sible for any one other than Glass to have authorized the bribe. The Jury is not divided on the question of whether a bribe was paid. On this point it is agreed and is spending the time now in an en deavor to make sure that no one other than Glass could have authorized the bribe. The jury will be called into court to morrow morning at 10 o'clock. In case it has not reached a verdict by that time, it will In all probability be dismissed. In cae the jury falls to reach a verdict. Glass will at once be placed on trial again. RAGING FIRE IN MEMPHIS ONE LIFE LOST SO FAR AND SEVERAL INJURED. Property Loss Will Reach Large Amount, Taking in Many Build ings In Wholesale District. ' MEMPHIS, Tenn., July 28, 2:30 A. M. An 11-story brick structure ruined, one life lost and several other persons injured la the result of a fire which originated in the heart of the wholesale district shortly after mid night and which Is as yet not under control. The fire originated in the 11 story brick structure occupied by the Cold Storage & Warehouse Company. This building Is completely ruined. Fireman Hiskay was killed by falling into a cellar. " Several other members of the depart ment "sustained serious Injuries by falling walls. The fire has spread to the building occupied by the Oliver-Finney Whole sale Grocery Company, a seven-story structure; the Greentree lodging-house. HARRY MURPHY SHOWS SEVEN the warehouse of the Cudahy Packing Company, Behr & Cole Grocery Com pany and the Memphis Paper Company. KILL BRUTAL HUSBANDS Chicago Judge's Advice to Wives Who Are Beaten CHICAGO, 111., July 27. (Special.) ' The killing of husbands who beat their wives was advocated by Judge Tuthill In the course of a divorce suit tried before him today. Indignant at a woman's description of the inhuman treatment to which she had been sub jected by the man who claimed to be "her master," and aroused by state ments' that his abuse had taken place In the presence of men who would not Interfere, Judge Tuthill declared that In extreme cases violence should be met with violence, no matter what the con sequences. It was the simple and pitiful story of a Lithuanian woman, Mrs. Elizabeth Walculevlcz, that elicited this drastic opinion from Judge Tuthill. The tes timony given by the wife and a few friende) developed the fact that to en dure meekly and submissively the beat ings and kickings administered by their husbands is considered the duty of Lithuanian women, and that others stand by unconcernedly while the bar barity goes on. "Do you mean to say," exclaimed Judge Tuthill, "that a lot of men could stand Idly by while a woman was be ing treated In that manner?" Here the interpreter, who was a woman, broke in with, "I have seen such things as that many times my self. My mother had exactly the same trouble with my father." "I do not think they are men at all," said the Judge. "They are brutes a disgrace to civilization. When they come to the United States they should learn to treat women as they ought to be treated, with kindness and respect. Whenever a brute of a man strikes a woman, it Is the woman's duty to get away from him or to kill him." CONTENTS TODAY'S PAPER The Weather. YESTERDAY S Maximum temperature, 76 degrees; minimum, Cdegrees. TODAY'S Fair; northwesterly winds. Foreign. Hague Canference adopts American propo sition on Drago .doctrine. Page 2. Sec tion 2. Ito's plan to disband Corean army. Page S. Section 1. . Politics. Bryan' and Sullivan leaders In Illinois to confer and deliver state to Bryan. Page 1, Section 1. Foraker attacks Roosevelt, Taft and others. Page 3. Section 1. Domestic. Chicago mob tries to kill assailant of girl. Page 1. section 2. Great famine of teachers In Iowa due to strike against state examination. Page 2, Section 1.' Chicago Judge tells women to kill brutal husbands. Page 1, Section 1. , Railroads surrenfler to North. Carolina in rate fight. . page 1. Section 1. Nine lives lost : -on burning steamer on Cayuga Lake. '- Page A. Section 1. Farmers' Trust 'decides on $1.25 wheat for 1607. Page 2. Section I. Good record made by Harrlman engineers under test. Page 3, Section 1. Senator Pe.ttua, of Alabama, dead. Page 3, Section 1. Great fire raging In Memphis. Page' 1, Section 1. Pacific Coast. Haywood jury still out standing 11 for first degree verdict. Page 1, Section 1. Survivors of Columbia exonerate Captain Hansen. Page 8, Section 1. Jury in Glass trial deadlocked and disagree ment likely. Page 1, Section 1. Minnesota man " who ran off with wife's sister located at Oregon City. Page 1, Section 1. ( Portland company wins state trophy at Roseburg. Page 5, Section 1. Portland man drowned In surf at Seaside. Page 4. Section 1. Sports. Portland beats Los Angeles, 2 to 0. Page 3, Section 4. . ' Colleges to form athletic association. Page 3, Section 4. League itself to blame for disgraceful row at Friday's ball game. Page 3, Sec tion 4. Oatlook for real contest between Brttt and Nelson not promising. Page 3, Sec tion 4. Results of finals In State Tennis Tourna ment. Page 2. Section 2. Jos Tyler wins tennis championship from W. A. Goes. Page 2, Section 2. Portland and Vicinity. Mall clerks threaten strike because they are obliged to ride In rotten car. Page 12. Section 2. Railroads battle for Deschutes grade Into Central Oregon. Page 8, Section 1. Car In automobile endurance teit meets accident. Page 8, Section 1. Logging camp owners decide to keep them closed until August IS. Page 8, Sec tion 3. Evangelist Ross begins crusade against Tongues of Fire. Page 8. Section 1. Secretary of Agriculture Wilson accepts ln- , vitation to visit Portland. Page 10. 8ec lion 1. R. E. Moody returns from Elks Grand Lodge at Philadelphia. Page 11, Sec tion 1. Eugene Willis writes describing Mazamas' ascent of Mount Jefferson. Page 4. Sec tion 2. Oak Grove appeals to Railroad Commission for lO-cent fara to Portland. Page 7, Section 1. KINDS OF A DEMOCRAT BUT THE SAME OLD BRYAN RAILROADS YIELD TO STATE Governor Glenn Wins Victory at Last. RATE LAW NOT TO BE RESISTED Will Remain in Effect Pending Appeal in Suit. FINLEY IS UNDER ARREST Warrant From State Interrupts Breakfast, but Prltchard Re leases Him on Habeas Corpus. Ticket Agent Set Free. RALEIGH, N. C, July 27. The State of North Carolina has won Its fight to have its passenger rate of 2 cents ob served by all the railroads pending an appeal to the courts by the roads of the state which propose to fight the law. The promise of obedience to the law by the Southern Railway and the Atlantic Coast Line Railway, which, since . July 1, the date set for putting the rate law In effect, have been violating the law, was given this afternoon at a conference of the railroad officials with Governor Glenn, who has stated that as a prece dent to any agreement he might make, the 2U-cent rate must first be put into effect. The conference was private. Governor Glenn tonight gave the fol lowing statement to the' press regard ing the outcome of the state's fight for the 2Vi-cent rate law question: "The Governor considers the victory in the matter of the state against the railroads as one of state's rights. The Governor feels that it Is a great step forward for state's rights and that if all the other states of the United States will continue the fight already begun In North Carolina and insist upon their Senators and Representatlaes in Con gress trying to curtail the growing power of the Federal Courts, In future there will be no trouble to control and direct railroads and other corpora tions." LET SUPREME COURT DECIDE Bonaparte Says Meanwhile Rights , of Both Should Be Guarded. LENOX, Mass., July 27. United States Attorney-General Bonaparte, who is spending the summer In this town, has received no official advices today relative to the controversy be tween the state and Federal authori ties in North Carolina. He said to a reporter of the Associated Press: "It Is quite evident that this ques tion should be submitted to the United States Supreme Court, and that pend ing a decision by that tribunal the rights of all parties affected should be safeguarded that, so far as circum stances may render It practical, they may be placed after the decision where they would have been had it ' been known in advance what that decision would be. PRESIDENT FINLEY ARRESTED Judge Prltchard Promptly Snatches Him From Custody of State. A8HHVILLH, N C. July 27. Develop ments came quick and fast In the rail road rate law controversy today. War rants were Issued for President Flnley, of the Southern Railway, and City Ticket Agent O. C. Wilson, of the same road. The warrant for Mr. Flnley was placed In the hands of a policeman, who 'went to the Battery Park Hotel to serve It. When the police officer called at the hotel for Mr.. Flnley the latter was eating break fast, and requested that he he allowed to finish his meal. His request was granted. In the meantime Mr. Flnley's private sec retary got into communication with Judge Prltchard, who, it is believed, cut his breakfast short, came down town and issued the writ, which was served Just as the march to the Police Court began. While It was taken for granted that IDEA TO APPEAR BEFORE THE NEXT POWER Mr. Flnley would be released, much Interest was aroused by the habeas corpus proceedings. Mr. Flnley and all the officials Involved, were called to the witness-stand to relate the cir cumstances of his arrest. The police officer by whom the writ was served, denied that he actually had Mr. Fln ley In custody. Upon the contrary, the Deputy Marshal testified that he found Mr. Flnley actually In the custody of the policeman. As the warrant for the arrest of Mr. Flnley was sworn to by an officer, pre sumably at the Instance of Police Judge Reynolds, It appears doubtful whether the Federal Court can resort to contempt proceedings against the state authorities In this Instance. After his release, Mr. Flnley authorized the statement that he would remain here for a while. The warrant against O. C. Wilson, who recently was sentenced to 30 days upon the chain gang for violating the new rate law, and wno was released on habeas corpus proceedings by Judge Prltchard in the United States Court, was sworn out before Judge Reynolds, who figured as a witness In the habeas -................? : 1 , - ! : ' :r' '' ' , ,, i : mm 'immmimm t : plillit IfR! Bea : :- JT iMmmtKmmnmmm,1M,Mui-n tml e Senator K. W. Pettns, of Ala bama, Who Died Yesterday. corpus proceedings. Wilson was sell ing tickets to Lake Toxaway ' when taken Into custody, and many passen gers, It Is said, were compelled to board the train without tickets. It was stated here today that the movements of Police Judge Reynolds are being directed from Raleigh, but Judge Merrlman, counsel fon, the state In the previous habeas corpus proceed ings, when Division Passenger Agent Wood- was arrested, disclaimed any knowledge of what was going on, and has appealed to Governor Glenn for in structions. United States Marshal Mil liken has arrived from Greensboro, which Is believed to show that the Federal authorities were not taken by surprise, and the presence of several Deputy Marshals of known courage and determination Is commented upon. In the Police Court Judge Reynolds postponed the trial of Ticket Agent Wilson until Monday. The railway company, through counsel, ottered bond for Wilson, but Judge Reynolds said he would take personal charge of the prisoner. Later he remarked that Wilson "could follow him around all the tlm elf he wanted to," and then walked nff. Wilson went in an oppo site direction, and was still at liberty this afternoon. It Is assumed Judge Reynolds postponed the case to give the state authorities an opportunity to send additional counsel here. Sanford Will Report to Bonaparte. WASHINGTON, July 27. Assistant Attorney-General Sanford left this af ternoon for Lenox, Mass., to present to Attorney-General Bonaparte, who Is spending his Summer vacation there, the results of his Investigation of the North Carolina railroad rate contro versy. Mr. Sanford refused to make any statement. FIRST SQUADRON LEAVES Going From Fort . Riley, Kan., to Fort Sheridan, III., 650 Miles. JUNCTION CITY. Kan.. July 27. The flrat squadron, Thirteenth Cavalry, which has been stationed at Fort Riley for the past three years, left today for its march to Fort Sheridan, 111., a distance of 650 miles. Major Thomas Lewis Is In com mand. The troops are expected to make the march In 46 days, with no travel on Sundays and with stops at Fort Leav enworth and Rock Island Arsenal. Fairbanks Joins His Family. BOSTON, Mass., July 27. Vice-President Charles W. Fairbanks arrived here this afternoon from the West and proceeded soon afterward to Join his family at Dan vers, where they are spending the Sum mer. NATIONAL CONVENTION IN SOME OF THE CLOSE FEUD WITH SULLIVAN Bryan Will Meet Lead ers in Illinois. REGULARS EAGER FOR PEACE Will Line Up State Delegation for Nebraskan IF HE WILL BURY HATCHET Only Condition of Securing Undi vided Illinois Vote Is TrugA With Sullivan Bryan Ad mits He Is Candidate. CHICAGO, July 27. (Special.) A con ference of great Importance to Illinois Democrats will take place between Wil liam J. Bryan and several down-state party leaders at Havana, 111., Monday. Whether Mr. Bryan's feud with Roger C. Sullivan, National Committeeman and leader of the state party organization, is to be renewed when delegates to the Na tional Convention are contested next year, friends of both Mr. Bryan and Mr. Sul livan hope may be decided then. Mr. Bryan Is making a tour of Illinois as a Chautauqua lecturer. At the same time leading Democrats in many parts of the state are talking politics with him In such a way that he leaves all convinced he will again seek Presidential honors. Regulars Eager for Peace. The reception given him has proved that his popularity in the state la not dlmln itihed and "regular organization" Demo crats are convinced that any attempt to carry, the primaries against him with such a candidate as Governor Johnson, ot Min nesota, Henry Watterson's "dark horse," will mean a bitter 1ght and likely failure. Among party leaders who wish to be regular and who supported Mr. Sullivan in the last state convention are a great many that want to be with Mr. Bryan for President next year and who would rejoice over a treaty of peace being reached that would prevent a factional war. Mr. Sullivan Is said to be willing that his friends support Mr. Bryan, only asking that Mr. Bryan make no war on him. May Make Treaty. State Senator George W. Cunningham, of Pekln, Senator Burton, of Carllnvllle, and Congressman Henry T. Ralney are reported to have arranged the meeting with Mr. Bryan Monday, the two former being anxious to avoid a factional con test, and- Mr. Ralney, who led the fight against Mr. Sullivan last Summer, willing to agree to a peace treaty If Mr. Bryan consents. If Mr. Bryan will accept support of the regular organization without demanding that It repudiate Mr. Sullivan, It is prob able Illinois will be for Mr. Bryan with out a contest. . It la reported that down-state leaders are , not taking kindly to the Idea of getting in line for Mr. Johnson, in spite of his perfections as catalogued by Henry Watterson. MURDER ON BOARD SHIP Captain Klingenberg to Be Tried for Killing Chief Engineer. SAN FRANCISCO, July 27. Captain C. J. Klingenberg. indicted by the Federal Grand Jury for the murder of J. D. Paul, chief engineer of the schooner Olga, who was captured at Nome early this month by United State Marshal Powell, arrived this afternoon and was placed in the city prison. The Indictment charges Klingen berg with having shot and killed Paul while the latter was lying In bed in the Olga on October 16. 1905. Frank Miller, Frank Carlson and George Johnson, principal witnesses for the Gov ernment, are detained at Alamada county Jail. According to the statements of these witnesses to Assistant United States At torney Ben L. McKlnley, the murder was cold-blooded. Johnson is a negro and was steward of the Olga at the time of the killing. He will be tried for the murder In the United States District Court of this state. ABOVE MAKE-UPS. 1