3
THE SUMUAY OREGOMAX, PORTLAND, JULY 28, 1907-
TROUBLE AMONG 4
IOWA TEACHERS
New Law Requiring State Ex
aminations Is Greatly
Disliked.
PREFER THE. OLD SYSTEM
Too Small a Percentage Receive
Certificates After Answering the
State Superintendent's Ques
tions After the Legislature.
DES MOINES, la.. July 27. (Special.)
School teachers and county and local au
thorities of the state are In arms against
the Department of Education, presided
over by Superintendent John R. Rlggs. as
a result of the June examinations under
the new law providing for state certifi
cates for teachers after written exami
nations. As a result the supply of teach
ers may be reduced greatly and many
schools may not be able to reopen.
Last month about MOO teachers wrote
answers to questions In accordance with
the new law. Only about 6500 passed
muster and were given certificates. An
nouncement of this fact was greeted by
vigorous protests from the 4000 denied cer
tificates and with them have Joined many
educators who have always opposed the
Idea ef the Stat instead of the County
' Superintendent conducting the examina
tion. Before the "hew law was enacted,
the teachers were examined by the
county, or local superintendents, who
were, elected by the people. RIggs charges
that often teachers received certificates
as a result of favoritism due to political
pull, etc. This has been resented vigor
ously by the County Superintendents and
the controversy has grown bitter all over
the state, with Rlggs aBsalled on every
hand. It is probable that a movement to
repeal the law may result. If the present
feeling keeps up it is believed among edu
cators that the law will be, made non-effective,
at least, in the. next Legislature,
by making it optional with the counties
whether they adopt the state or county
certificate plan.
One of two considerations that appeal to
the patrons of the schools Is that th
new system will so deplete the teaching
lorce that half the country schools will
have to close, but it is supposed that the
policy of reducing the teaching force is
designed to compel greater consolidation.
To this the State Superintendent is
strongly committed.
The papers of five teachers of Kossuth
County who took the examinations were
found to have been marked almost perfect,
but they were so similar In expression.
etc., that suspicion was aroused among
the readers, and they .spoke to the State
Superintendent. He sent a letter to the
Superintendent of KoBsuth County in
which he said that there were unmistak
able evidences of fraud. This brought out
the fact that all' of the five were m
structed In the Catholic schools and the
similarity of the papers was due to the
fact that they had learned the same defi
nitions and processes. They have refused
to take the axamination over again and
have demanded that they be given due
consideration by the State Superintendent.
The County Superintendent of Polk
County, Mrs. Jennie -Steele Huegle. was
denied a certificate because she took the
examination under herself. She is organ
ising for a fight against the department
and the new state law before the Legis
lature next Winter.
OFFER JOB TO SPOONED
IXMBERMEX WANT HIM IX
RAILROAD FIGHT.
Would Engage Joseph H. Choate If
They Could Raising Fund to
Contest Rate Increase.
SEATTLE. Wash., July 27. (Spe
cial.) John C. Spooner, who resigned
as United States Senator from Wiscon
sin at. the close of the last session of
Congress, may be employed by Wash
ington lumbermen to fight the pro
posed Increase in lumber and- shingle
rates from this Coast. Prominent mill
men declared today that if necessary
they would engage both Spooner and
Joseph H. Choate, ex-Ambassador to
England, to aid them in their right
before the Interstate Commerce Com
mission and the Federal Courts. Two
of the most prominent practitioners be
fore the Interstate Commerce Commis
sion, one from Texas and the other
from Washington, D. C, are pretty apt
to be engaged.
The J100.000 fund pledged at the Ta-
coma meeting is merely a nucleus of
the lumbermen's fighting fund. The
Bhlngle Mills Bureau sent out notices
of a meeting, the Washington Logging
ft Brokerage Company is to be called
togetner ana men in turn the South
western Lumbermen's Association, the
Gray's Harbor and Columbia River log
gers. Oregon, Idaho and California
Millmen s Association pre to be asked
to assess themselves on the same basis
ns the members of the Pacific Coast
Assoclatli-n,
The determination to fight the Hill
and Harrlman lines almost amounts to
a frenzy of opposition and the millmen
propose to open purse strings and
spend a fortune combatting the -new
rates. There is no lawyer in the United
State3 too high-priced, it was declared
authoritatively today, for the mill in
terests. If they are convinced any at
torney can deliver results he will be
employed.
CRUISER SALEM LAUNCHED
To Be Used as Scout Boat and to Be
Swiftest in the Navy.
QUINCY. Mass.. July 27. A new type
of war vessel and one that is expected
to add greatly to the efficiency of the
Navy in time of war was .Bunched here
at about noon today from the yards of
the Fore River Shipbuilding Company.
The vessel Is the scout cruiser Salem.
whose duty It will be in time of war
to look for and report the movements
Of an enemy.
The Salem is to have a speed of 24
knots. This is greater than that of
any cruiser in the Navy. Several scout
boats now building for the British
navy ai- to have sllgh-y greater speed,
J)ut tha American scout Is ejtpeoted to
maintain her gait in any sort of
weather and will have twice the c- .1
capacity of the British shp. thus giv
ing her a much greater radius of ac
tion. No other vessel in the Navy has as
high a free r zv as the Saiem. This
insures good seagoing qualltie- gives
stability, and proyides a safe and dry
vessel under all weather conditions.
The Salem is 423 feet 2 inches long,
has a breadth of 46 feet 8 inches and
a draught -f 19 feet IVx inches. Her
displacement fully loaded is 4640 tons.
Her battery will consist of three flve-in.-h
rapid-fire guns, and she will have
two submerged torpedo tubes. Propell
ing power for the new cruiser will be
supplied by Curtis marine turbines, and
there will be 12 wateh-tube boilers.
VENEZUELA REJECTS DEMANDS
Persists In Refusing Root's Terms.
Relations May Be Severed.
CARACAS, Va., Thursday. July 25.
(via Wlllemstad. Curacao, July 27.) The
Foreign Office yesterday handed Ameri
can Minister Russell the answer of the
Venezuelan government to the second
note from Secretary Root regarding the
arbitration of five American claims.
The government persists in its refusal
to arbitrate the claims in question.
The opinion is held here In some quar-
William W. Ftmley, the Xtn
President of the Southern
Railway, Succeeding the Late
Samuel Spencer. (Copyright,
1907, by Cllnedlnst.)
ters that this answer may lead to the
severing of diplomatic relations between
Venezuela and ine umieq states.
DERBY AT SEATTLE
JOHNNY LYONS, 8-TO-l SHOT,
FIRST IN MEADOWS EVENT.
Mike Haynes' Son Rides to Victory
and Takes Lead From Start.
' Ten Horses in Race.
SEATTLE, Wash., July 27. (Spe
cial.) Johnny Lyons, owned by Mike
Hayes and ridden by his son, Johnny,
won the Seattle Derby and the 13000
purse that went with it today, a dis
tance of a mile and a quarter for 3-
year-olds.
The 10 Btarters made it the largest
field ever sent off of the Classic.
Johnny Lyons, who opened at 8 to 1
and closed at G to 1. on account of a
heavy stable play and also fancied by
some on account of the last fast work
out, won all the way.
jjyona went out to the front from the
start, although Sachet had beaten the
barrier a half length in a remarkably
good start, and he lost the position but
once throughout the long journey.
Woolma tried to take tre rail at the
half, but failed and dropped out at last
as a result of the sprint, while Ackerly
ires a bit more successful and did an
nex the lead on the back stretch. John
ny Lyons regained it after a furlong
and came on to a clever win.
Fryer was possibly the best horse In
the race, and would have won but for
the five pounds he had to give away to
the winner. Gross put in a good ride on
Fryer, the favorite coming through from
sixth at the half to fourth at the last
quarter pole and winning In the stretch
from Kruka, who. for a cheap thorough
bred, ran a remarkably good race.
COLON WINS BRIGHTON JUNIOR
Easy Victory for Favorite at
.Brighton Beach.
' NEW YORK, July 27. Colon won easily
the Brighton Junior stakes, six furlongs,
worth $11,760. at Brighton Beach. He car
ried 121 pounds and was a hot favorite at
12 to 20. Summary:
Mile Pennarls won. Lad of Llngdon
second, Arlmo third; time, 1:19 2-5.
Six furlongs Magazine won, . Nuberone
second. Sanguine third; time. 1:13 3-5.
Seashore handicap, mile and quarter
Dandelion won. Red Leaf second, Miss
Crawford third; time. 2:04 4-5.
The Brighton Junior handicap stakes
six furlongs Colon won. Chapultepec sec
ond. Bar None third; time, 1:12 2-5.
The Brighton steeplechase, about 2V4
miles Commodore Fontaine won. Grand
pa second. Coligny third; time, 4:48 2-5.
Mile and sixteenth Jacobite won, Reld
more second. Royal Ban third; time, 1:45.
At Detroit.
DETROIT, July 27. W. W. Cox, the
New England reinsman, won two events
at Grosse Point today. Thornway lowered
his record from 2:12S4 to 2:06.
The horses departed tonight, some going
to Cleveland where the grand circuit con
tinues, while others will be shipped to
Kalamazoo, stake meeting next week and
the Great Western circuit to follow. Sum
mary: 2:10 pace, purse $1500 Thornway won,
three straight heats; time, 2:07, 2:06.
2:09. ,
M. and M. Consolation stakes, $2000
Claity Laltis won In straight heats; time,
2:llVi. 2:HH4 2:09.
2:06 pace, purse $1500. The Friend won
first and second heats; time, 2:05, 2:06.
Cascade tpok third heat in 2:07.
2:12 trot purse $1500 Berico won in
straight heats; time. 2:13, 2:10H. 2:14.
Results at Butte.
. BUTTE, July 27. Today's race results:
Quarter mile Bucksaw won. Rattler sec
ond. Forty-Four third; time. 0:22.
Half mile Reno Rebel won. Miss Fair
banks second, San Oak third; time, 0:48.
Five furlonfirsJack Nunnually won, Na
tive Son second. Annie Scott third; time,
1:01
Six furlongs Alma Boy won. Anona sec
ond. To San third; time. 1:14V
Mile and sixteenth Georfts P. McNash
won. Dolly Dollar second, Ishmaellte third;
time. l:ftM. ,
Mile and eighth Benvollo won. Needful
second, Frank YVoodw third: time, 1:56.
Big anticipation sale on at Robinson
& Cs.'s. See page 10, section 1.
Metser A Co. is headquarters for
Brauer's hand-painted art china, 342
Washington, atree. -
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DEAD
STEAMER FIRE
Steamboat on Lake Cayuga
Burns and Has to Be
Beched.
CREW OF 12 ARE BRAVE
Passengers Are Panic Stricken and
Men in Their Efforts to Save
Themselves Impede the
i Work of the Crew.
AUBURN, N. T., July 27. The steam
boat Frontenac was burned and beached
opposite Farley's Point, on . Lake
Cayuga, today, and nine lives were lost.
The victims were all women and chil
dren passengers, and all were drowned.
Several other passengers were severely
burned before the boat could be
beached. She lies tonight, burned and
blackened, in seven feet of water. The
bodies of the drowned women and chil
dren have been recovered.
The following were, drowned and the
bodies recovered:
MISS H. GUMONG. Freevllle.
CARL GUMONG, Freevllle.
MISS C. McCREERT, Cohoes.
MISS LIDA BENNETT, Frankfort.
MISS STELLA KLINTON. Ithaca.
MISS MARIETTA SULLIVAN, Syra
cuse. Six-year-old . daughter of Howard
Able, South Bloomingburg.
Two unidentified women. "
The worst injured are: Mrs. Able,
South Bloomingburg; Eliza Tuttle, Mid
dleton; Charles Brigham. Syracuse.
The steamer, an old side-wheel,
double-deck craft, which has plied be
tween Ithaca and Cayuga, on Lake
Cayuga, for 25 y-tr , left the former
place this afternoon for the upper lake,
carrying 50 passengers and a crew of
12.
The crew of 12 men behaved splen
didly, fighting the flames at first, but
seeing thaf nothing could be saved,
turned their attention to the passen
gers. Life-preservers were put on
everyone that co-ild be found in the
brief time, but In spite of their ef
forts nine perished. Captain Brown
directed the work of the crew and
was the last to leave the burning boat.
In strong co- trast to the bravery of
the crew wee the ranic, an in some
instances cowardice oi many of the
men among the parser gers. In their
efforts to save themselves they seri
ously impeded the vork of the crew.
When the flames were first discov
ered in midlake Captain Brown turned
the bow of his little steamer toward
the shore and set his crew to work to
subdue the flames If possible and to
calm the passengers and see that they
got life-preservers. The flames made
rapid headway, however, and there was
great excitement among the passengers
as they were driven to the bow of the
boat, which was beached at Farley's
Point. Men from the summer cottages
did valiant work in rescuing passen
gers and caring for the injured. It is
not known Just how many women and
children were actually drowned they
were panic-stricken and floundered in
the water as the boat made for the
shore.
A special to the Herald from Au
burn, quotes Coroner O'Neill as stating
tonight that undoubtedly more bodies
will be found. A Herald reporter at
the scene wires that 11 are still miss
ing. A Jate dispatch from Union
Springs states that another body has
been recovered. The wreck was burn
ing at midnight. It is believed that
the fire started from a lighted match
carelessly thrown near the bow.
TROUBLES MAY BE SETTLED
STRIKING OREHANDLERS MAY
REACH AGREEMENT.
Federation, However, Is Making
Preparations for Long Siege.
Co-operative Stores Opened.
DULUTH, Minn., July $7. Indications
late tonight point to a settlement within
a day or two of the differences between
the Duluth, Mesaba and International
Railway and the strikers and orehandlers
on the docks here and in Superior.
On the Mesaba and Vermillion ranges
today both sides are 'resting, seemingly
reserving their strength for the great
struggle which is expected to begin Mon
day, when an attempt will be made to
operate the. Idle mines. Among the West
ern Federation of Miners preparations are
being made for a long struggle If indica
tions are to be trusted. They opened
co-operative store at Hibbing today at
which idle miners will be allowed to
trade on credit. Other co-operative stores,
it is said, will be opened.
Several of the mines partially resumed
work tonight with small crews and no
efforts were made to interfere with them
but It Is evident. Judging from the prep
arations being made, that trouble is ex
pected soon. The United States Steel
Corporation has Imported several hun
dred men who will act as guards, and It
Is said that arrangements have been pro
vided for them. Sheriff -Ra.tf.ft of ftt
Louis County has also sworn In 00 depu
ties, who are distributed throughout the
locations on the Mesaba.
IRON RANGE STRIKE STILL ON
Steel Trust Refuses Concessions and
Rifles Are Given to Citizens.
DULUTH. Minn, July 27. All hope
of an immediate settlement of the dock
workers' strike in Duluth appear to be
at an end. At a meeting of- the
strikers today in Lincoln Park, Mayor
Cullum read the answer of the United
States Steel Corporation officials to the
organization of the strikers. The steel
company refused to treat wit hthe men
as a union. The company asks that
the men go back at the old scale of
wages and on the old open shop plan.
No mention of a possible increase was
made., .
The men, on hearing the communica
tion, voted on the question of return
ing to work and decided that they
would remain out.
All was quiet in the ranges today.
The crucial point in the strike is ex
pected Monday, when efforts will be
made to start a number of the mines.
Rifles have been . distributed among
citizens and deputies, and the promise
of protection to miners who desire to
return to work will be carried out.
Perltella, the strike-breaker, la still
at Eveleth. So far as could, be learned
today no warrant has been issued for
his arrest.
OFFER TO NONUNION LINEMEN
Advanced Wages Rejected by Union
' on Mountain Phoue Lines. .
SALT LAKE CITY, July 27. Beginning
August 1, the Rocky Mountain Bell Tele
phone Company will pay $3.50 a day to Its
linemen In Utah. Idaho and Wyoming and
$3.75 a day to its linemen In Montana out-,
side Butte. Cable-splicers' wages will be
raised to $4.25 in Utah, Idaho and Wyom
ing and to $4.50 in Montana outside of
Butte. This is an increase of 50 cents a
day In Montana and 25 cents a day in the
three other states. Readjustment of wages
of other classes of employes will be made
to meet the new conditions.
This announcement follows the aban
donment of the "negotiations with the
striking linemen, and the terms offered
to non-union men are similar to those
offered as a compromise to the strikers.
Clerks Discharged for Striking,
nnnni.isn Kim.. Jul v 27. All
clerks here in the office of the master
mechanic of the Rock Island Railroad
V,.i hMn riisrharsred for refusing to
wear overalls and clean and dress cars
during the short strike of the carmen
early this week. ,
HONEYMOON UNDER ARREST
MAGILLS ON THEIR WAY BACK
TO CLINTON.
Say They Would Go Back Anyhow
for They Wish to Be Set Right
In Eyes of Friends.
ST. LOUIS, July 27. F. A. Maglll and
his bride, on the way from Los An
geles In charge of Sheriff Campbell, of
Clinton, 111., to face a charge of mur
dering Maglll's first wife, passed
through St. Louis tonight. From fellow-passengers
it was learned that on
their trip East they acted as any
couple might on their honeymoon.
While admitting they were married
In Denver on their way West, a point
that has not been heretofore settled.
they said nothing bearing directly on
the death of Pet Maglll except that
they would have returned to Clinton
had the Sheriff abandoned them en
tirely.
They say that they are anxious to
set themselves right with their friends.
CL .TON, HI., July 28.' Fred H. Ma
glll and his wife, who were arrested in
San Diego, Cat., July 14, on a charge
of murdering Mrs. Pet Maglll, the first
wife of Maglll, arrived here at 2 o'clock
this morning in charge of Sheriff
Campbell, of DeWltt County. The pris
oners were taken to the county jail.
There was no demonstration at the
depot, although a good-sized crowd was
present when the party arrived. The
grand jury will meet Monday to take
up the case.
defends: race suicide
Wisconsin Professor Would Limit
Families to Three Children.
CHICAGO, July 27. A dispatch to me
Tribune from Madison, Wis., says: Tak
ing issue with President Roosevelt on the
desirability of raising families. Professor
Edward A. Ross, iiead of the sociology
department of the Wisconsin State Uni
versity, yesterday told his class that "re
striction in ....e birth rate is a movement
which at the bottom Is salutary. Evils in
Its train appear to be minor or transient
or self-limiting or curable."
Professor Ross is himself the father of
three children. After declaring that re
striction in the birth rate was salutary,
Professor Ross, anticipating widespread
opposition to such an assertion, added:
i take my stand with those who hate
famine, war, sabre-toothed competition,
class antagonism, degradation of the
masses, wasting of children, dwarfing
of women and cheapening of men. Shall
we live to see a mother of more than
three regarded as a public benefactor
and placed on the payroll of the state?"
$1000 . FINE FOR REBATES
Minneapolis Court Brings Rebaters
to Time.
MINNEAPOLIS, Minn., July 27. In the
United States. District Court, representa
tives of the Ames-Brooks Company, the
McCall-Dinsmore Company and the Du-
luth-Superior Milling Company paid
$1000 fines imposed by the court as a re
sult of the indictments returned last
October by the - Federal grand jury.
charging the companies with soliciting
and accepting rebates from the Great
Northern Railway Company on shipments
of grain.
Western Life, for August.
The August number of Western Life,
being the second issue of a publication
devoted to the interests of the West,
has appeared. Aside from an illus
trated article descriptive of a trip
through Yellowstone National Park by
the editor. It Includes an article on
Portland by Edmund C. Giltner, secre
tary of the Portland Chamber of Com
merce, and an interesting account of
the first annual rose festival held in
this city last month by Charles N.
Black, chairman of the Dress and nub-
ftclty committee of the Rose Fair and
Siesta Association.
Another Term Awaits Him.
SAN FRANCISCO. July 27. Michael J.
Raep and Dennis Grady, lieutenant of
police of New lork. arrived today and
appeared with requisition papers for
John Courtney, alias "Leadvllle Jimmy,"
who is wanted In New York on a charge
of murder. He Is accused of killing Mrs.
Clara Kngelhart. who kept a lodging
house at 73 Delancey street, in October,
1S00. Courtney was released from San
Quentln last Monday morning, after serv
ing six years for manslaughter.
Engines Smashed, Orders Forgotten
PETERSBURG, Va., July 27. A head
on collision occurred tonight a short dis
tance north of Stony Creek, Va.. between
Atlantic Coast Line trains No. 85 (Flor
ida special) and the second section of
No. SO, northbound. Both engines were
badly demolished. Engineer Bradshaw,
on No. 85, assumes the blame, saying he
forgot his orders. Fireman Hardy Doran
was killed and six other injured.
Naval Cruisers Arrive.
WASHINGTON, July 27. Rear-Admiral
Dayton, commanding the .Pacific fleet
has Informed the Navy Department that
the armored cruisers West Virginia and
Colorado arrived at Cavtte yesterday for
the naval maneuvers.
Silk Mills Closed by Strike.
SCRANTON, Pa., July 27. Seventeen
silk mills are affected, most of them
being closed down, by the atrike of
operatives for -a shorter - workday.
Metzger & Co., opticians, -842 Washing
ton aueew.
UP GOES THE PRICE
Farmers' Trust Asks $1.25
for Crop of 1907.
SAYS ESTIMATES TOO HIGH
Socie'ty of Equity Directors Decide
Minimum Price Claims Practi
cal Success in ' Maintaining
Price of Crop of 1904.
INDIANAPOLIS. Ind., July 27. (Spe
cial.) The board of directors of the
grain-growers' department of the Ameri
can Society of Equity, the organization
which is trying to control the price of
farm products this afternoon decided
after a two days' session to place the.
minimum selling price on the 1907 crop
of wheat at $1.25 a bushel.
The word now goes forth to the thous
ands of wheat-growers all over the
Spring and Winter wheat sections of the
country to hold on to their stores until
the market price has been lifted to the
coveted figure. This is the highest price
ever demanded by this organization,
which has been steadily growing in mem
bership during the past two years.
Officials of this organization, while they
do not make claim that the crop report
of July 1, predicting a crop of wheat this
year in the neighborhood of 634,000.000
bushels was only published in the inter
est of speculators, declare that the fig
ures are not near correct. They say that
this year's wheat crop will be no larger
than that of 1904, when 556,000,000 bushels
were harvested.
On that crop the American Society of
Equity placed a minimum selling price of
$1.20 a bushel and the average selling
price in Chicago on that crop was $1.16.
and the society claims much of the credit
for the strength of the market. Ten
states were represented at the meeting.
WATCH FOR A HARD WINTER
INDIAN SCOUT SAYS ALL SIGNS
' POINT THAT WAY.
Hazelnuts and Berries Are Plentiful
and Muskrats Are Plucking
Pond Lillles.
ALBANY. Or.. July 27. (Special.) All
Indian signs extant indicate a remarkably
hard Winter this year, according to John
Catlin, of this city, who was raised in
an Indian camp and was a Government
scout for vears. The remarkably large
crop of hazelnuts this year and the speed
with which squirrels are storing them is
one omen. The unusually heavy crop of
all kinds of wild berries is another. Still
another sure Indian sign Is the fact that
muskrats have already plucked all pond
lilies and have stored' them away. Catlin
claims, that the muskrats, when a hard
Winter is foreshadowed, pick the lillles
and hide them away until they go to seed
and then use the seeds for food. Other
strange Indian legends have convinced
the old. scout that the present pleasant
Summer will be succeeded by a very cold
Winter.
MOTOR CYCLIST KILLED
Bump Into Undertaker's Wagon
and Become Candidates for It. '
cam maR Hnl. Julv 27. A sneclai to
the Mercury from Palo Alto, says two
motor cyclists, Joe Parldl and a man
named Sheeley, crashed into an under
takers' wagon on the San rancisco roaa
near San Belmont: Paridl waa instantly
killed.
Sheeley, who is a San aiateo man, was
removed to a hospital and is not expected
to recover. '
JURY ALMOST UNITED
(Continued from First Page.)
as to how long he will keep the Jury
locked up in an effort to secure a ver
dict. The great trial, which began May
9. has been most expensive both to the
state and the Western Federation of
Miners, which is conducting the defenso
of the accused men, and both sides are
anxious for a decisive outcome.
Boise ' continues as quiet tonight as It
has been througllout the trial. Few per
sons loitered about the courthouse
grounds, as there seemed to be a general
opinion broadcast that a verdict would
not be reached tonight. Coeirt will be in
session all of Sunday to receive a ver
uict or any other communication from
the jurors. '
Haywood, who during the morning ses
sion of court listened to the reading of
the Judge's charge with the same utter
lack of .ny tell-tale expression upon his
face as during the days of the incrimi
nating testimony of Harry Orchard, went
back to his cell to await the Jury's de
cision with a smile playing about his
lips. During the afternoon he sat for
several hours on the shaded courthouse
lawn chatting and laughing with hjs wife
and daughters. The news of his moth
er's Illness seemed to disturb him far
more than the tilt of the scales which
held his fate liy the balance.
Instructions Suit Both Sides.
Judge Wood's charge to the Jury was
In .keeping with the scrupulous fairness
which has characterized the trial from
the first and the attorneys for the de
fense declared that they were more than
satisfied. The state's attorneys, while
realizing that the court, if he leaned at
all, had given the benefit of every doubt
ful point of law ; to the defendant, also
were satisfied. In the charge much stress
was laid upon the testimony of Harry Or
chard and the Jury was Instructed to
scrutinize such testimony closely and take
Into consideration any evidence which
Indicated that immunity or promise of
favors had induced the accomplice to take
the stand against the defendants. Judge
Wood laid emphasis upon every assump
tion by which the defendant might be
found not guilty and declared that before
a conviction could be secured the prose
cution must not only remove every rea
sonable doubt, but the Jury must be con
vinced "to a moral -certainty" that the
defendant Is guilty.
One of the most important of " Judge
Wood's instructions, as viewed from the
defense, was the following:
To find a person g-ullty of a conspiracy to
commit a crime. It Is necessary for you to be
satisfied from the evidence, beyond a rea
sonable doubt, that the party accused shared
In the criminal purpose; and Id this case. If
you find the defendant committed no overt
sa. f srrylna ut U4 ocinlrt,rr ao
not enter Into any unlawful jcreennent. then.
even though you should be latlBfled from the
evidence, beyond a reasonable doubt, that the
defendant knew of the conspiracy and did not
dissent from It, then such knowledge of the
conspiracy on the part of the defendant would
be Insufficient to warrant you in presuming
that he was guilty of the crime charged.
One Juror Almost Exhausted.
When the Jury went to dinner, nearly
every man was in his coat sleeves and
some of them seemed on the verge of
exhaustion. Mr. Robertson, who Is 73
years old, had to be assisted down stairs,
Mr. Messecar taking his arm.
After they returned from dinner to
night the Jurymen sat 'about the Juryroom
with their backs against the wall and
seemed to be in -a rather sullen mood.
Occasionally one or two . of them would
walk to a window and stand gazing out
without talking.
John H. Murphy, of Denver, the general
counsel for the Western Federation of
Miners. Is very 111 tonight In .the hospital,
and it is reported his life Is despaired of.
He Is suffering from tuberculoss and has
been too ill to attend the trial for a fort
night. Mr. Murphy has been the' counsel
for the Federation for seven or eight
years. He has acted In the Haywood case
only in an advisory capacity.
At 8 o'clock tonight Judge Wood de-
elded to change the Jury quarters and to
give it larger rooms on the first floor of
the court house. Up to this time there
had been no sign from the Jury room that
there was a chance of an agreement.
Judge Wood at 10 o'clock went to his
home, leaving Instructions to be called on
the telephone in case the jury should
arrive at a verdict.
Socialist Jury Says-"Not Guilty."
The unofficial jurors appointed by the
Socialists to attend the Haywood trial to
night issued the following statement:
We, the independent labor Jurors, having
attended the trial of W. D. Haywood for the
murder of ex-Governor Steunenberg and hav
ing duly considered the evidence presented by
the state and the defense, affirm that the
persecution of thet working class of America
In this Instance has failed, despite the stren
uous attempts of capitalism, and In the name
of the united workers of the land, we hereby
declare our verdict to be not guilty.
JUDGE INSTRUCTS THE JURY
Defines Law of Conspiracy and Cor
roboratlon of Orchard.
BOISE, Idaho, July 27. Judge Fremont
Wood in his charge to the Jury In the
Haywood case gave choice of five verdicts,
as follows:
Murder in the first degree, murder fn
the second degree, voluntary manslaugh
ter, Involuntary manslaughter and not
guilty.
The charge contained 66 instructions.
Judge Wood dwelt at length upon the
laws of conspiracy and the value of the
evidence given by an accomplice.
"Tne law views such evidence with dis
trust," he declared, "and It should be re
eelvedby the jury with caution and scru
tinized with great care. And, if from the I
evidence it appears that any favors have
been extended by the authorities to Or
chard and there is any promise relating
to further favors on account of his tes
timony, they are proper matters for the
jury, to take into consideration."
In regard 'to the corroboration of Or
chard, Judge Wood said that the Jury
should test the value of such evidence by
eliminating his testimony with a view to
ascertaining if there is independent testi
mony tending to connect the defendant
with the offense.
"This corroborating evidence," the court
continued, "need not be sufficient of itself
to establish the guilt of the defendant, but
it must tend in some degree to implicate
and connect the defendant with the com
mission of .the crime charged."
Further along in his charge. Judge
Wood said:
"If It is possible for you to reconcile the
facta In this case upon any reasonable
theory consistent with the innocence of
the defendant, W. D. Haywood, It is your
duty to do so and find the defendant not
guilty.
"The jury is instructed that the flight of
Jack Slmpklns, if you find such flight to
bave taken place, standing alone, would
not of Itself be any evidence of the guilt
of the defendant. But if you find that
Simpklns did, after the arrest of Orchard,
flee or become a fugitive from Justice,
then that fact may be taken Into consid
eration, together with all the other facts
of the case in determining whether or not
Simpklns was a member of the conspiracy
which the state has sought to prove and
of which conspiracy it is claimed by the
state that the defendant was a member."
Judge Wood instructed the jury not to
consider evidence as to crimes with which
Steve Adams- is charged in Northern
Idaho, nor as to deportations or the em
ployment of Pinkerton men by the mine
owners in Colorado. In order to convict,
the Jury must be convinced of the prison
er's guilt beyond a reasonable doubt.
Evidence of other crimes than the Steun
enberg murder was only admitted for the
purpose of showing the existence of a
conspiracy, but may be taken into con
sideration as incidents and circumstances
bearing oh the question of the prisoner's
guilt of the murder of Steunenberg. No
matter what crimes were committed In
Colorado, Haywood cannot be convicted
unless his guilt of the murder of Steunen
berg is proved.
The judge explained the law of con
spiracy and said regarding it:
"It is not essential to the formation
of a conspiracy that there should be
a formal agreement between the par
ties to do the act charged. It is suf
ficient if the minds of the parties meet
nnderstandingly, so as to bring about
an Intelligent and deliberate agree
ment to do such acts, and commit the
crimes cnarged, although such agree
ment be not manifested by any formal
words A conspiracy In -the first in
stance may be estamished by evidence
havlnK no relation to the defendant.
by acts of different persons at different
times or places, or oy any oiner cir
cumstances which prove its existence.
It Is sufficient if the state prove be
yond a reasonable doubt that such a
consDlracy existed at the time of the
commission of the unlawful act, and
that the defendant on trial was a mem
ber of such "conspiracy. An act done
by a party to an unlawful conspiracy
in furtherance thereof and naturally
flowing from the common design,- is
the act of each and all of the conspira
tors. And .where murder ig committed
' t
I jH!", -w,. .a 1 T
I William D. Hay-wood. I
1 ............
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SUITS $20
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TROUSERS
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WITH EVEEY SUIT COST
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As an inducement to you to
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once are pretty sure to become
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Grant Phegley, Manager,
'L4JC3
ELKS' BUILDING
SEVENTH AND STARK
as a result of such a conspiracy, each
of the conspirators, even though he
was not present at the place of the
crime, if he aided, abetted and encour
aged th.e commission of the unlawful
acts in the crime charged, is guilty."
A verdict of guilty can only be based
on circumstantial evidence when the In
culpatory facts are absolutely incom
patible with Innocence.
If the Jury believes Orchard was Influ
enced to testify by promise or hope of
immunity, that fact must be taken Into
consideration In weighing his evidence.
Any favors extended to hlin must also be
considered.
COMES OUT OF HiS SHELL
CHARLES SWEENEY TALKS ON
SENATORIAL EIGHT.
Impugns Selfish Motive to Wilson's
Support oft Jones Denies
He Is in Race.
BpmrAfJFV Wash.. July 27.--(Spa-
.! i"jr.vi-vhndv knows that Con
gressman Jones Is John L. Wilson's
man, and Wilson is using him tor a
catspaw. He Js making-Jones a cloak
for his own ambition to return to the
Senate, depending on Detng aoie i
i fnraa timt will srather
around Jones for his own use. Wilson
would have no scruples aooui uuius
a tool of nl granamomer m luumi
his ends."
Thla severe arraignment of ex-Sena-
. . . 1 T TT'1 1- n nroa ltttarH tAll9V
tor junii LA. -w .-
by Charles Sweeney, n speaking of
... . nr..u
the candidacy oi.ionBreuiii
L. Jones to succeed 8enator lievl An- -
keny. Continuing, Mr. Sweeney said:
"Wilson's attack on me In the Post
Intelllgencer, which he owns. Is for
the purpose of keeping me out of the
race. I have considerable strength in
Seattle and on the Coast, as well a
the good will of Senator Piles, and Wil
son is afraid I will use my strength
against him. I have not seen the
stories which he has been publishing
about me. but I understand his motives
perfectly."
"Will you be a candidate to succeed
Senator Ankeny?" '
"I haven't the slightest Intention of
doing o. I am completely out of poli
tics and do not even know what is
going on in th state, except what I sea
in local papers. I will not oppose Mr.
Jones' candidacy. He is an able young
man."
"What about the report that you and
Senator Piles made a deal when he
was elected to the Senate by which he
was to throw his strength to you as
successor of Ankeny?" was asked.
"There Is nothing to It Senator Piles
is not under obligation t6 me in any
way. When I withdrew In his. favor
the only understanding we had was
that he was to take care of some of
my friends."
ABERDEEN KEEPS LID RAISED
Business Men Prefer That Sunday
Closing Law Be Not Enforced.
ABERDEEN. Wash., July 47. (Spe
cial.) The Sunday-closing law Is not
likely to be enforced by the city au
thorities or by County Prosecuting At
torney Boner, who resides here, un
less pressure is brought to bear by
the state authorities. A petition signed
by about 60 business men opposing the
enforcement of tho law- has been cir
culated the past few days. In the face
of this evidence, the city or county of
ficers are not apt to make any personal
effort in tho matter.
Watches cleaned, Jl, at Metzger'a.