The Sunday Oregonian. (Portland, Ore.) 1881-current, January 26, 1908, Page 10, Image 10

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    10
THE SUNDAY OREGOMAN, PORTLAND, JANUARY 26, 1908.
LETTERS" REVEAL
SECRETS OF PAST
Correspondence of Mitchell
and Fulton Shows Efforts
to Help Out Brownell.
TRIED TO HAND HIM JOB
AY hen Attempt Failed to Gef Him
Appointed Railroad Commission
er, Senators Secured Promise
of Immunity From Hall.
Senator Fulton apparently had not de
veloped the letter-writing" habit as early
as 1903, when he was elected to the
United States Senate. The record for
the correspondence that passed between
the members of the Oregon delegation in
the Senate and George C. Brownell, ex
State Senator from Clackamas County,
during the latter part of 19U3 and early
In 1904, belongs to Filton colleague, the
late Senator Mitchell However, when
on the stand Friday. Brownell testitted
that at Fulton's request he had returned
to Fulton a number of letters Fulton had
written Brownell since hia election as
Senator. Being the senior Senator,
Mitchell appears to have been the (spokes
man, although the text of li Is letters
shows that Fulton either concurred in
the numerous communications or had
been consulted regarding the subjects
discussed therein.
The letters that were published yester
day form but a small part of the large
correspondence that passed between
Brownell and Senators Mitchell and Ful
ton jiist before and following Brownell s
retirement as a candidate for United
States Attorney for Oregon. In the cor
respondence presented this morning a
more connected story Is furnished of the
trend of things political in those days
and the efforts that were made by Mitch
ell and Pultun In some way to care for
Brownell In return for the valuable serv
ices he had rendered them. These let
ters tell of how both Senators sought
first to have Brownell appointed to suc
ceed Hail. Next they decided to appoint
James U. Campbell, who was to divide
the emoluments of the office with Brown
ell. Then when the Clackamas County
man found it necessary to withdraw as a
candidate for that office in favor of Hall,
because of threatened indictment under
Hall at the instance of Inspector Greene,
the delegation unsuccessfully recom
mended him to the President for ap
pointment as Commissioner of Railroads
to succeed General Longstreet. deceased.
Campbell was at the same time dropped.
As a final recognition and compensa
tion for Brownell's services. Mitchell and
Fulton exacted a promise from Hall, who
was to be reappointed District Attorney,
that neither Brownell nor his law part
ner, J. U- Campbell." should be indicted
for any alleged complicity . in the land
frauds of the state. The history of these
negotiations is given In the letters pro
duced herewith.
The first letter was written to Brownell
by Fulton on November. 3, 1903, in re
sponse to Brownell's letter of October 28.
of that year, in which he .withdrew as a
candidate for District Attorney and rec
ommended the reappointment of Hall.
The letter follows:
UNITED STATES SENATE. Washington.
T) O . Nov. 2. 1903. Hon. Geo.
C Brownell. Oregon Cfty, Or. My
dear Brownell: 1 have just received
vour- letter of th 2Stn ult; in whicp you
request me to euoport wr. jonn nnu iov ,
the position of United States Dtstrict Attor- 1
new I cannot understand your puroose in ;
wrltlnc such 'letter. Not that I am un
favorable to Mr. Hall for the Dositlon. on
the contrary there is no man I think more
btchlv of than I do of him. But that is
not the question. If you absolutely with
draw from the race, as I assume you do by
wrIUns this letter, then I will have to con
Rider the claims of all my friends who are
applicants. Before leaving Oregon, how
ever, at your very earnest request and rep
resentations that it would be to your inter
eat to have Mr. Campbell appointed. I met
Mr. Campbell In your presence and assured
him of my support. It is true, he under
stood and I understood that it was in your
interest, and that you and he were to be
associated in some way, the particulars of
which I did not inquire about nor did I care
to be Informed. I assume from your letter
recommending- Mr. Hall that satisfactory
explanations have been given Mr. Campbell
and yet I would like to have something from
him showing that he has retired from the
field. Before taking further action in the
matter I will write to him. As I have
Mid I entertain a very high opinion of Mr.
It all. He is my personal friend and he
rendered me very valuable aid and support
In my contest for the SenatorshlD. But
there are others to whom I am under great
obligations also; For instance, our friend
Eddy, of Tillamook, would like to havo
the position and you know what my obli
cutlomi are to him. Then there Is Kelly,
of Linn, who is also a candidate and a
warm friend of mine. Hence In view of
the fact that you have withdrawn from the
race, not only yourself, but have, as I sup
pose, arranged with Campbell satisfactorily
ao that he will not be a candidate. I can
not makn any promises at this time of
what 1 will do In the way of supporting a
candldato for the position. I must, how
ever, have something: from Campbell to
show that he has absolutely retired before
I can discuss the matter of supporting any
other candidate, because I feel that I am
under promise to support Campbell. Had
you not brought him to me and secured my
promise directly to him It would be dif
ferent, for otherwise the promise would be
lmp1y to you. and that you could release.
It Is true, that in a sense my promise was
only to you even though Campbell was pres
ent, for he fully understood that It was for
you and in your Interest that the promise
was made. Still I wish to have Mr. Camp
bell release me. Of course senator Mitchell
has made Campbell no promise, as I under
stand, and consequently he Is differently
situated and while it Is likely you could
secure Senator Mitchell's support, if you
withdraw. I do not know what Senator
Mitchell will do.
One thing I want to say to you Brownell,
and that is that you are doing me a very
great injustice by things that you are say
ing of me. I receive a letter every once In
a while retailinc statements of what you
have said repeatedly. I cannot understand
why you should make the statements, as I
have been very earnest In your support and
have been willing to do anything to secure
your appointment, all of which Is well
known to the other members of the dele
gation and Indeed I think by everybody who
takes any part In politics In the State of
Oregon. It is true that X feel under obli
gations to you for your support of me, but
I had also supported you before. Tou could
not have been elected President of the Sen
ate without my support, and then I did
many other things for you of which yon
know and which it is unnecessary to men
tion: all of which ought to be, 1 think, some
evidence of my friendship for you. Now I
do not think that in view of what 1 have
done you ought to accuse me of either want
of earnestness in your support or of hav
ing done anything axainst your Interest,
without some proof of It. One thing I have
heard that you have frequently stated Is
that It was my fault that it was iciven out
that Campbell was a candidate. It is abso
lutely untrue that I ever communicated that
taut to any person. It was published in
The Oregon Ian many months so and two
people told me about It and told me that
vou told them. I denied It to them, that Is
I denied that I was a party to it or knew
anything about it. It seems to me that you
ought to have some evidence of the truth
of Mich statements before making them, and
If you have any evidence I would be very
glad Indeed to know what It is. Sincerely
yours.
(Signd.) C. W. FULTON.
On the same date. November 3, 1903,
Mitchell wroto Brownell in answer to
Brownell's letter of October 29, in
which Brownell in a personal letter
to Mitchell repudiated the letter he had
written the preceding day indorsing;
Hall for reappointment. Mitchell wrote
as follows:
Mitchell to Brownell.
Committee on Coast Defenses.
, United States Senate.
Washington, Nov. 3, 1903.
Hon. George C. Brownell, Attorney at Law.
Oregon City, Or. My Dear Friend Brownell:
I wrote you at length yesterday, in response
to your three letters of recent date. This
morning brings me your letter of October 29,
In which you state fully your connection with
Mold rum. I have talked the matter over with
Senator Fulton, and have come to the con
clusion that It Is better to change your let
ter a little, and we have indicated the changes
to be made. Have it recopied please and re
turn to us at the earliest possible moment,
and we will then take up. the matter with the
Department, and see if we can not get every
thing as to you squelched.
Sincerely your friend,
(Signed) JOHN H. MITCHELL.
Mitchell followed this letter with an
other under date of November 17, 1903,
in which he advised Brownell that he
and Fulton both blamed Hall for In
timidating; Brownell with threats of
prosecution for complicity in the land
frauds. The letter follows:
Mitchell to Browuell.
Committee on Coast Defenses. v
United States Senate.
Washington, Nov. 17. 1903.
Hon. George C. Brownell, Oregon City, Or.
My Dear Senator and Friend: I am just In
receipt of your letter of November 11. which
I have read carefully. No, I had not until
very recently explained to Fulton the reasons
you gave for the course you have taken In
regard to the attorneyship, because you re
quested me not to. but subsequently on hear
ing from you I explained the whole matter to
him. Neither of us blamed you a particle
under the circumstances. We do blame Hall,
but we write you this In strict confidence, for
attempting to coerce you by holding a threat
ened Indictment over you. I do not honestly
believe that he has any evidence on wlch he
could Indict you; if he has It is some trumped
up thing, for neither Fulton nor I believe you
have ever done anything that would subject
you to indictment; not for one moment do we
believe it. I will show him your letter just
received and we will as far as possible en
deavor to carry out your wishes In the mat
ter as expressed In your letter, but every
thing depends on you treating the matter as
absolutely confidential. Say nothing about
famphell; simply say all you know about the
District Attorneyship, should you way any
thing at all, is that your understanding Is .
that the two Senators are still In locked horns
over the recommendation to be made, and that
Senator Fulton I standing firmly by you while
I am stand ing by Judge Morel and, and
further, that the delegation think H wise in
view of the several Indictments pending to
not make any recommendation at present
until Hall has a n opportun i t y to brtn g the
capes to trial. Should we do otherwise It has
occurred to us we might be blamed and ac
cused of standing In with those indicted and
endeavoring to get a new Attorney.
I also wrote you a letter late yesterday.
Hoping this may find you and family welL
belleve me.
Always sincerely your friend.
(Signed) JOHN H. MITCHELL
In a telegram on January 6, 1904,
Mitchell informed Brownell that he and
Fulton had united in recommending to
the President that Brownell be ap
pointed Commissioner of Railroads to
succeed General Longstreet, deceased.
The following was the telegram: . s
Tried to Get Brownell Joo.
Western Union Telegraph Company. -PO
4 Z VD 105 Paid Govt.
Washington," D. C.! Jan. 6-04.
Hon. Geo. C. Brownell, Atty. at Law, Ore
gon City. Or.: On the death of Longstreet,
Fulton and I took Immediate steps to recom
mend you for the position and have placed
a strong letter on file and) presented your
case to the President. Of course there will
be many applicants. Impossible to get any
promise at present. Bring any- Influence out
side of the state to bear that you possibly
can. We do not think It policy to publicly
talk of the matter In Oregon, not Just at pres
ent at all events. I will write you in regard
to your letter respecting the other matter.
JOHN H. MITCHELL.
4:40 P. M.
Tho following is a copy of the rec
ommendation of Brownell's appoint
ment as Commissioner of Railroads by
the two Senators:
Senators Indorse Brownell.
Committee on Coast Defenses,
United States Senate.
Washington. D. C. Jan. 5. 1904.
The President, the White House. Washing
ton. D. C. Mr. President! We desire to pre--
sent for your consideration tho name of Hon
orable George C. Brownell, of Oregon City,
Or., in connection with an appointment to
succeed General Longstreet (deceased) ae
Commissioner of Railroads.
Senator Brownell Is about 45 years of age.
a man of strict integrity. Is a lawyer of un
usual ability, has had a large experience in
legislative matters, is now serving his third
term as State Senator in the Oregon State
Senate, and has just completed hie second
term as President of that body. He has
been chairman of the committee on railroads
for over 10 years in the State Senate, is a
man of affairs, and in our Judgment, would
in the position suggested be a credit to him
self and to the Government. He has been
prominently mentioned for a number of years
past as a' suitable candtdate for Congress and
for the United States Senate.
We sincerely hope bis name may have fa
vorable consideration in connection with the
office named. Very respectfully,
JOHN H. MITCHELL,
C. W. FULTON.
By this time Hall had reached Wash
ington and had conferred with Mitchell
and Fulton. This called for the fol
lowing? telesrram from Mitchell to
Brownell on January 18, 1904:
Everything Is O. K.
Western Union Telegraph Company.
PO No. 8 KT VD 19 Dlt IH.
Washington, Jan. 18-04.
Hon. Geo. C. Brownell. Oregon City. Or: AU
your telegrams received. Everything being
satisfactorily arranged. Have written you
fully today. Say nothing. Strictly confiden
tial. Hall leaves.
JOHN MITCHELL.
4:22 P. M.
The Mitchell-Fulton Letter.
Then followed the famous Mitehell
Fulton letter to Brownell in which the
Clackamas County politician was given
considerable advice as to how he
should proceed in his candidacy for
Congress. The letter furthermore ac
knowledged the great obligation both
Senators were under to Brownell and
concluded with the assurance that
Brownell had nothing to fear from
threatened prosecution from Hall. This
guaranty of immunity from indictment
and prosecution was expressed in the
following language:
I have received your several dispatches
since Hall left Portland, and since he ar
rived here, and both Senator Fulton and
myself have done everything in our power
to protect you and also Campbell, who is
also under the ban of Greene and others, aa
n' j. iMrn to our arrest surprise and regret.
and without going into particulars I think
we have been able to so arrange matters as
to protect you both. ,
Of course, friend Brownell. this letter is
to you in the strictest confidence. The best
way for the present is to drop all talk as it
stands for the present. Both Fulton and I
have, in order to fully protect your interests,
gone very much further in a certain direc
tion than we ever supposed we would- I
cannot explain fully to you until I see yon.
Just what I mean. Hall leaves this evening
for home. My advice would be for you to
say nothing to him whatever, unless he says
something to you. Just let the matter rest
and drift for the present. This is all-Important.
Personally I would very much like to see
you come to Congress, but, aa I said before,
I am sure your Interests would not be ad
vanced In that direction by anything I can
do In the way of writing letters at this par
ticular time. It la better for both Fulton
and I not to do anything to drive from us
men that we are under obligations to and
their friends, other than yourself, so that
when the proper time comes we may be
able to exercise aa Influence m some way
for your benefit
On February 28, 1104, Mitchell wrote
Brownell further regarding Brownell's 1
prospective candidacy for Congress in 1
the following terms:
Mitchell to Brownell.
Washington, D. C. Feb. -S, 1904.
Hon. George C Brownell, Attorney at
Law, Oregon City. Or. My Dear Friend
Brownell : Tour telegram of yesterday re
ceived, statins; that I would receive a letter
yesterday or today from you. The only
letter that came, however, . was just a few
lines inclosing- the Salem article published in
The Oregon ian. All talk in that article
about Fulton's friends or my friends Is cer
tainly without any suggestion or intimation
from me, and I am quite sure the same is
true as 'to Fulton.
Of course Harris has started in to make a
campaign, there is no question about that.
But he has not written to me on the subject
at all. I have pot had one word from him.
Whether your telegram referred to an
other letter that Is to come yet of course
I cannot tell. Nor do I understand your
dispatch where it says you fear trouble and
mention the name of Hall and also of Booth.
I am sure you do not have anything to fear
from Hall. I feel confif ent of that, but
anything that comes up. write me fully so
that I will understand exactly what is going
on. Sincerely your friend,
(Signed) JOHN H. MITCHELL.
The last of this interesting series of
letters was written by Mitchell to
Brownell on- March 9, 1904. In it
Mitchell sought to console Brownell
for the vigorous attacks that were be
ing made against . him through the
press and concluded by -assuring him
that he (Brownell) need fear nothing
from Hall unless Hall went entirely
back on his promises both to Mitchell
and Fulton. 1
No Fears as to Hall.
Committee on Coast Defenses, United States
Senate. Washington. D. C, March 9, 19M.
Hon. George C. Brownell, Oregon City. Or.
My Dear Friend Brownell: Yours of March
3 with inclosures from The Oregonlan re
ceived. I agree with you it is a brutal out
rage the way they continue their attacks on
you In The Oregonlan. I am sure there was
no ground whatever for this last miserable
attacic on your professional conduct, and I
do not wonder at all that you feel ag
grieved. However, it is' best not to resort
to any desperate measures. I have gone
through the mill as you know, and been
very strongly tempted at times to take the
law in my own hands in order to even
things up with certain parties.
Now. my dear friend, as I wrote you
soon after Hall was here you need not have
any fear at all In regard to him. unless he
should iro directly . back on His positive
promise with both Fulton and myself. It is
a matter I do not care to write much about,
but I simply want to assure you everything
is all right in reference to that matter, so
I would stive myself no uneasiness whatever
about It.
I wrote you at length a day or two ago.
Sincerely your friend.
(feigned) JOHN H. MITCHELL.
VETERAN OF CRIMEAN WAR
Death of Dr. Randolph C. Hunter,
Pioneer Coast Physician.
Funeral services were conducted at
the Crematorium yesterday afternoon
in memory of Dr. Randolph C. Hunter,
who died at Lexington, this state, Tues
day and whose remains were brought
to Portland for incineration.
The life history of this remarkable
man covers a period of 73 years. He
was born in London, England, May 28,
1834, and after preliminary education,
attended medical lectures at both Edin
burgh and Glasgow, and waa, practic
ing medicine at the breaking out of
the Crimean War. He received a com
mission as surgeon in the British army,
and leaving his young wife at
home, went to the front. Upon his re
turn, after an absence of two years,
he was informed that his wife died
in giving birth to a daughter. That
daughter is now living in Oakland,
California, and bears the name of Mrs.
Lizzie Smoother.
Dr. Hunter came to the United State
40 years ago ana setiiea nrst in Ne
vada, afterward moving to San Fran
cisco. He was one of the founders of
Cooper Medical College, in that city,
and for years was a member of the
faculty, being demonstrator of anat
omy. .In 1872 he married Miss May
Tenny. a niece of one of the pioneer
newspaper publishers of the Bay (ftty,
and six children were born to them.
The eldest son is Harry C. Hunter,
secretary of the Portland Manufactur
ing Company, at St. John. Another son,
Frederick, is practicing medicine at
Hoqulam, Wash., and the eldest daugh
ter is Mrs. John Goodman, of St John.
Misses Pearl and Ruby are teachers in
the public schools of Hoqulam.
When Dr. Hunter came to Portland
from California, . years ago, he prac
ticed his profession here and in other
parts of the state, being called in con
sultation in surgical cases by many of
the older doctors.
He was one of the founders of Mam
moth lodge 87, A. O. TJ. W., at Coos
Bay. Rev. John Dawson conducted the
funeral services yesterday, there being
representatives of the Workmen at
tending. COLLEGE PAPER SUSPENDS
Dally Californlan Goes to Wall, Bur
dened With Debt.
SAN FRANCISCO. Jan. 25. (Spe
cial.) Overburdened by the weight of
financial difficulties, the Daily Call
fornian, the student daily of the Uni
versity of California, which has been
in existence since October, 1897. sus
pended publication today and will not
be again printed until the student
body of the university makes up its
deficit of more than JJ800. Manager
McLellan precipitated the financial
embarrassment of tho Californlan by
withdrawing his bond and refusing to
act as manager. The publishers ap
pealed to the company but, receiving
no satisfaction, abrogated their con
tract.
To keep its mailing rights, the Call
fornian will be published in dodger
form, 8 by 10 inches, until the decision
of the student body is learned. For
two years - the Daily Californlan has
been financially embarrassed. Al
though it had been cut down in size.
the college public has not responded
to calls for support from the manage
ment and the paper went to the walL
Whether or not it will be continued
rests with the students.
Stations on Oreogn Electric Ulne.
The list of stations between Portland
and Salem on the Oregon Electric line
are as follows:
Irving street. Jefferson street, Corbett
street, Fulton Park. Capitol Hill. Multno
mah, Barstow. Ttgardville. Tualatin
Tonquin. Wilsonville. Chopunnteh, Don
ald, Broadacres, West - Woodburn, St.
Louis. Waconda, Chemeketa, Chemawa,
Highland and Salem.
Syrians in Free Fight.
As a result of a free fight last, night
In a pool room at the corner of Seventh
and Flanders streets, where nets, bil
Hard cues and other weapons were
used, four Syrians were arrested and
placed In the City Jail. They are
Charles Keno, Samuel Gaudy, Tom
Zldu and Nigola Barota. All Tour were
badly cut and bruised.
DON'T READ THIS
Unless you want to buy Underwoods,
Olivers. Remingtons. Smith Premiers.
Densmores and other makes from $17.60
up. L. & M. Alexander, 170 Fifth street.
Tourist The sensation of the automo
bile world, section 4, page 7.
Metzger, jeweler, optician, S4S Wash.
F. P. MAYS TRIED
TO HELP STEIWEH
(Continued from First Page.)
Dalles for a few days and on my return
found your letter concerning your ex
pected trouble with Uncle Sam. I saw
Mr. Hall today and learned from him that
Dixon has sent in a complaint against
you or your company and that he (Hall)
was preparing the papers for a civil suit
and a criminal suit He was not propos
ing to arrest you (this, of course, is
strictly confidential), but some member
of your company possibly your foreman.
I gave him a good hard talk and got him
in such a state of mind as I think it is
safe to say he will not now file any
criminal proceedings whatever, but will
proceed civilly only. We further agreed
that when he has the papers ready tor a
civil action that I acting for the com
pany, would admit service thereon so as
to save any costs in that connection, I
felt authorized in agreeing to this from
the instructions in that regard given me
in your letter. I was going to do the
same for any of your men, it he arrested
any of them. For this I had no direct
authority from you. but felt justified in
so acting upon your instructions wnn
reference to a civil action: besides know
ing that any of your boys would be only
too glad to have me appear for them and
save them the expense and humiliation of
arrest. However, as I said above, 1
feel certain that no criminal proceedings
will be brought in your affairs.
When I see you I will tell you some
more facts about my talk with Mr. Hall.
Proceedincs. both civil and criminal.
have been commenced against Mr. Baird
and I think the Townsends; hence, you
may infer that a pretty strong pull was
made upon Hall to get him not to serve
you people in the same way.
Mr, Hall said that the charge would be
for enclosing somewhere about .30,000
acres, a description of wnicn win oi
course, appear in the complaint, and you
can guess what land he is getting at. I
thought it would be impossible to get
and Rive you a description of it over .the
telephone, as you suggested, and besides
take it he would fix the date at a time
which would antedate any tearing down
which you could do. Again, when the
complaint is filed and I do get the
description, I will send it to you and
then probably if you tear down promptly.
I mipht be able to get the case oisinissea.
understand that Mr. Dixon is now
devoting his attention to Gilman &
French Company. I would like you to
write me If you know anything about
how long he may be engaged in your,
locality. Sincerely yours.
F. P. MAYS, R.
Mays Declines to Answer.
Mays testified that soon after the
Legislature adjourned in 1903 he in
dorsed Brownell for United States At
torney and supported the Clackamas
County man for the place until some
time in 1904 when he switched to Hall.
"In October, 1903." queried Heney,
in a conversation with Hall did not
Hall tell you that should any land
fraud cases in which you were in any
way connected be brought before a
grand Jury that you would be per
mitted to appear in your own defense?"
Objections were offered to the pro
posed question and after the witness
held a whispered conference with his
attorney, W. Lair Hill, he asserted
his privilege and refused to reply for
the reason that the answer might be
used to incriminate him in connection
with other indictments pending against
him and on which he had not been
tried.
May's declination to answer the
question put to him by Her.ey was pre
ceded by a discussion of the point In
volved, between W. Lair Hill, attorney
for Mays, and Heney.
"I do not think the witness should
be required to place himself in a po
sition of testifying or declining to tes
tify on a matter in which he is con
cerned, said Mr. Hill.
"I don't agree with you. Mr. Hill."
followed Judge Hunt. "The mere fact
that a man may have a trial pending
against him ought not to preclude an
inquiry into a matter; presumably he
is innocent."
"Yes, but if it is a matter which will
become a part of the testimony against
him, then I am saying he ought not to
be; I am not saying that you cannot
if you want to, press him into it and
compel him to claim his privilege, but
I am saying it ought not to be so. It is
wrong, it is against justice."
Honey's Idea of Justice.
"Now," retorted Heney, with some
feeling, "in so far as being wrong and
against justice justice demands that
every man should tell the entire truth
at all times, and, being presumed that
he is innocent when he Is called upon,
not only is it right that he should
be asked to testify, but It is his duty
if he knows anything to expose it and
certainly more so his duty if ho is In
nocent, in order that the truth may be
known. Justice seeks the truth always,
and the only way in which it can be ob
tained is from the mouths of witnesses
who are acquainted with the facts. Now
it is perfectly right and proper to call
a man, even though he is a common de
fendant. If not on trial at the time.
and here is a case that is not on trial:
and, moreover, I have announced half
a dozen times In open court. I think,
at least I have announced it twice, that
I did not propose to prosecute Mr.
Mays on any other cases that are pend
ing against him on account of his phy
sical condition of health."
When Heney had consented to this
statement becoming a part of the re
cord. Mr. Hill withdrew all objections
and permitted Mr. Mays to decline to
testify in response to the form of ques
tioning proposed by Heney.
Mays then admitted that he was in
dicted with Puter and McKinley in con
nection with the 24-1 cases on December
21, 1204. Although Hall was not removed
from office until ten days later. Mays
declared that his indictment was brought
about from an investigation made by
Heney. and that Hall had nothing to do
with the presentation of evidence before
the grand jury by which the indictment
was reported.
The witness plainly showed the effects
of his long illness, which has left his
memory apparently badly impaired, for
he could not recall dates and various im
portant details of conversations and cor
respondence between himself and De
fendant Hall, which Heney desired to
bring out. Probably the most important
service Mays rendered the prosecution
was to identify a letter he had written
to Steiwer and which Is reproduced in
connection with his testimony.
J. W. Renick, formerly a special agent
and now a schoolteacher in Wisconsin,
was the last witness for the Government
before adjournment until 10 o'clock to
morrow morning, when Judge Webster
will take up the cross-examination of
Mays. Renick testified that in August.
1904, in response to Instructions from
Hall, -he went to Wheeler County and
made an investigation of the alleged un
lawful fences of the Butte Creek Com
pany. He said that he found the fences
practically intact, and that h had so re
ported to Hall in -the following Septem
ber. In connection with the testimony
of this witness, Heney secured the In
troduction of Hall's) letter of instruc
tions to the special agent, who was ad
monished not to be too thorough in his
examination of the fences. Renlck's In
structions from Hall were, in part, as
follows:
"I forward you today a copy of the
proposed decree and plats of the land,
showing line of fence of Government
land Inclosed. They have represented to
me that they have made openings
through their fences upon their own
premises sufficient to allow the public ac
cess to the Government lands, and that
they have removed all fencee from the
Government land, and I desire to know
whether or not this is correct, so that I
might dismiss the suit without trial.
"1 will not insist upon a strict compli
ance with the openings mentioned in the
decree, which is herewith inclosed, but
what I want to know is 'whether or not
there has" been a substantial compliance
with the law." ,
Renlck's detailed report of his investi
gation of the fences concluded with the
following paragraphs:
"There are several other small (or par
tial) openings, made by stock or a simi
lar agency, all of which apparently ex
isted at the time of Special Agent E. W.
Dixon's inspection in August or Septem
ber. 190S.
"None of these openings furnish a sub
stantial compliance with the spirit or let
ter of the proposed decree. As a matter
of fact, whatever openings that have not
been made by stock, or persons not in
the employ of the company, are entirely
Inadequate and of the most temporary
character.
"Even if the most liberal construction
is placed on the company's actions, there
does not appear to be any attempt on
the part of the Butte Creek Land, Live
stock & Lumber Company to comply
In any sense with the proposed decree
of the court."
"When I submitted this report to
Hall and he lanced over its contents,"
concluded the witness, "Hall said:
"Then, by God, I will go after Stei
wer.' " ,
Hall Seemed Aggravated.
The cross-examination " of Renick
was brief. Judge Webster gaining the
admission from him that Hall seemed
aggravated that the fences had not
been removed as per Special Agent
Dixon's orders.
. Mr. Steiwer was on the stand the
greater part of the forenoon and was
subjected to a searching cross-examination
by Judge Webster, who re
quested at the noon adjournment that
Steiwer be not excused finally for the
reason that he might wish further to
question the witness. Steiwer did not
prove the resourcerul witness ror uie
Government that was expected. Ho
evidently knew more than he would
tell and his general conduct Indicated
a studied effort not to disclose any
more than he was obliged to that
would reflect either on Hall or Fulton.
Steiwer Not Given Immunity.
Steiwer explained that his plea of
guilty to the Indictment was made of
his own initiative and was not the
result of any overtures from the Gov
ernment, that he had realized he was
guilty of the icharge and had been will
ing to confess to his guilt for some
time. He said that with his business
associate, H. H. Hendricks, he had
caused his attorney to telephone T. B.
Neuhausen, Special Agent to the In-
terlor Department, to meet him in a
conference the day before the Hall trial
began, and at that time he told Neu
hausen he wished to plead guilty and
escape with a light sentence. He said
he 'expected to get punishment in ac
cordance with a recommendation for
clemency that was to be suggested by
Neuhausen, but realized that his pen
alty would be greater than that of
Hendricks and Zachary, who had been
convicted and were awaiting sentence
on another charge.
After Identifying the letter he had
received from Mays in October, 1903,
detailing Mays' conversation with Hall,
the witness, in answer, to questions
from Heney. related that he was prob
ably the 44th man to vote for Fulton
for Senator on the last night of the
1903 session, but all attempts on the
part of Heney to get Steiwer to testify
that his vote for Fulton was influenced
either by Fulton or by Hall on the
night of Fulton's election, proved un
successful. JEWISH RELIEF SOCIETY
Various Congregations Unite In
Forming Charitable Body.
At a meeting of the members of the
various Jewish congregations, Thursday
night in the Hall-Street Synagogue held
for the purpose of organizing a charitable
institution to be known as the Jewish
Relief Society for needy Jewish persons,
the -following board of directors was
elected, which will serve for one year,
and will have the entire management of
the work of t,he society: E. Krause, J.
Lesser, John Dellar. Dr. N. Mosessohn,
A. Rosenstein, Rev. R. Abrahamson, Rev.
M. H. Heller, I. Friedman, D. Nemerov
sky, M. Ostrow, A. Zeidel, H. S. Fine. J.
Margolies. M. Gale. M. Abrams. The
board of directors Immediately retired
and ejected the following officers: Presi
dent. John Dellar; first vice-president, D.
Nemerovsky; second vice-president, - L.
Krause; third vice-president. A. Zeidel;
fourth vice-president, M. Abrams;. sec
retary. Dr. N. Mosessohn; treasurer. A,
Rosenstein. The installation of officers
was conducted by Dr. Mosessohn.
Nearly S200 has been donated towards a
fund for the society and a large number
of members have already signed the rolls
of the society. It is expected that 500
members will have been enrolled before
the end of the week.
Special credit was given to D. Nemerov
sky. the president of the Hall-Street
Synagogue and Dr. M. H. Heller. Its
rabbi, for the excellent services rendered
by'the'm before the meting, they having
secured about 175 members within a
period of a few days.
This organization will co-operate with
the other Jewish charitable institutions of
the city. The office of the secretary will
be at 616 Chamber of Commerce building,
and will ' be open daily, except Saturday
and Sunday, from 2 to 4 o'clock for the
consideration of applications for aid,
which will be taken up later by the
executive committee.
CONBOY RETAINS LICENSE
Council Committee Dismisses Charge
Against Saloonkeeper.
After hearing evidence in the case
of J. J. Conboy, proprietor of a saloon
at Twenty-first and Sherlock streets,
charged by E. F. Noland with contrib
uting to the delinquency of the lat
ter's 16-year-old daughter and theijeby
forfeiting his liquor license, the mem--bers
of the liquor-license committee of
the City Council voted to dismiss the
charge. Councilman Vaughn dissented,
and declared he would carry the mat
ter Into the Council on a minority re
port, but it seems doubtful whether
the Council will take cognizance of the
matter, as the investigation was held
without orders from that body.
The charge against Conboy was that
he sold liquor to a minor, a boy who
gave it to Miss Noland. Much evidence
was introduced, the principal witness
being Noland and two young women,
waitresses in Noland's restaurant,
which is near Conboy's saloon. The
young women swore that Conboy, while
eating at a table in Noland's estab
lishment, invited them to vlflt his
saloon by the rear door, teljlng them
that no one would see them. They did
not accept the invitation. . 1
Conboy Introduced testimony to show
that be was not In the- restaurant at
FIRST METHODIST CHURCH OF
' SPOKANE HAS FINE NEW ORGAN
SPLENDID EIGHT-THOUSAND-DOLLAR KIMBALL INSTRU
MENT INSTALLED AND USED LAST SUNDAY
FOR FIRST TIME. "
Another Name Added to the Already
out the Pacific Northwest Who
Same Make, All Having Been
House.
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With appropriate services the First Methodist Church of Spokane lasfl
Sunday gave their magnificent new $8000 Kimball organ its initial use, and
on every hand throughout the congregation were heard expressions of admira
tion, not only for the beauty of tone of the new instrument, but also for it a'
handsome exterior design and finish. It is a splendid example of organ con-
struction, and reflects great credit upon the Kimball factory, and their repre-
sentatives, Eilers Piano House, who are general Western agents. Practically,
all of the organs to be found in the leading churches of the Pacific Northwest
are of Kimball make, which seems to indicate pretty clearly that this famous
factory is generally recognized as the leader in church-organ building, and
with their numerous stores throughout the West the Eilers firm are better
equipped to handle this class of work, giving them an advantage which i3
thoroughly Appreciated in church circles.
the time the young women accused him
of extending the invitation to visit his
saloon, and he- also brought forward
abundant testimony to prove that his
place of business ' has been conducted
in an orderly manner. Among those
who swore to this were the policemen
who have patroled the beat on which
the saloon is located.
Perhaps the strongest evidence in
troduced by Conboy was an affidavit
by Miss Noland, in which she swore
that she had never been in Conboy's
saloon, had never drunk liquor pur
chased there, and that Conboy had not,
in any manner, contributed to her de
linquency. Falrview to Be Incorporated.
Fairview, an old town on the O. R.
& N., 13 miles east of Portland, will
incorporate if the wishes of the Fair
view Civic Improvement Club are car
ried out. At a recent meeting of the
club, attended by the leading citizens
of the place, the subject of incorpora
tion was discussed at length. Napoleon
Davis. G. E. Shavor, W. Ellison, E. A.
Wf llllilill g
Mother's Friend, by Its penetrating and soothing properties,
allays nausea, nervousness, and all unpleasant feelings, and
so prepares the system tor the
ordeal that she passes through
the event safely and with but
little suffering, as numbers
have testified and said, it is
worth its weight in gold." $ i.oo per
bottle of druggists. Book containing
valuable information mailed free.
THE BRADFIELD REGWATOB CO.. Atlanta. Ca.
J7ZAHAOW,
VTOOXBACSSvrfALLPAM:
Rb1wxts Rcxdy Relief cures the
sss in. from one to twenty minutes.
itsdsche (whether sick or nervous),
tcss. Neuralgia. Kheumatism, Lum
t?T. pains and weakness in the back.
spme or turners, pains around
tie Brer, pleurisy, swelling of
tbe joints and pains of all
tisis, tie application of Rad
nrs Ready Relief will afford
znaesEate ease, and its contin-'
aed ase for a few days effects
x jsnoeneni cere.
FOR 60 YEARS!
Ttm mt curative powers of tbl remarkable remedy have been known
ftar aor. thaa sixty year to medical acienee and to millions of .r.t.f.,1
wmm km wma la thonaands a poo tboostuida of home throughout the world.
Siera 1 ao rsanedy knewa that ia mo effectual la the enre of pain of every
stecr'-'a. nittioiit rrr o. rl ' - di r.
RADWAY'S READY RELIEF
We uuSuiii. oolonil or other danererooa Inirredlent la contain i
vaya Ready Relief. (Guaranteed under 17. S. Pare. Food and Drag Law.)
York.
Long List of Churches Through
Have Installed Instruments of the
Furnished Through Eilers Piano
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Whitney, W. T. Scott, C. E. Cree, D. S.
Dunbar, G. O. Dolph and G. R. Wilcox
all favored incorporation in their
speeches and there was no opposition.
A committee was instructed to take
the necessary steps to bring about In
corporation. Fairview is connected
with Portland by the Cedarvills
branch of the Gresham electric line.
Warrant for Saloonman.
As a result of information brought
out in the Municipal Court in the case
of the robbery on Thursday night of
a logger by the name of McRac in the
Brunswick saloon, at 28 North
Third street, Judge Cameron yesterday
ordered a warrant issued for arrest of
Ross Hibbard, the proprietor of the resort-
McRae In his testimony impli
cated the bartender, whom he accused
of being an accomplice of the men who
committed the robbery. A charge of
maintaining a disorderly house was
filed against Hibbard, who was ar
rested by Sergeant Baty and released
on 50 bail.
Is to love children, and no
home can be completely
happy without tjiem, yet the
ordeal through which the ex
NY
pectant mother must pass usually ia
so full of suffering, danger and fear
that she looks forward to the critical
hour with apprehension and dread.
worst
For
Tooth -
(Renal so. 837.) Sold by Ornnlata.