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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Nov. 21, 1909)
TTTE SUNDAY OREGOXI AX, PORTLAND, XOTE3IBER 21, 1309- SCENES AT MINE WHERE 20 MEN WERE RESCUED ALIVE YESTERDAY HAMILTON SEEKS TO DELAY THIAL X c - At Jf - 4 - - 4 : . , . v 5 i- 1 h J.' I t' , Supreme Court Issues Writ of Habeas Corpus for Ac cused Man. Iff . ANOTHER LOOPHOLE FOUND 4 r.- " : -. . - Proper Clothes in " 4 , 1 1' ... ... . 'Proper Places- ZX "V rv-fJ-T I - swift... f V ' -i - V V uf " ? h daaK 1 I" HI : V - 4U ; r j-r vgiv, liM 1 1 ; A. f.54r .pit.. --rly i- -i-f-'j il ..f-. . - 111 f la lt - : fj II ; i - ' r rl "I ; - i . I ir , - ' -WV 1 .4 -SCHLOSSBROSfiCO. - ? S'flne Clothes Makers '! Olt Baltimore and New Yorfc it A Defect Jn Revised Statutes May Make Invalid Embezzlement Charge on Wbicb ex-Adjutant-Oen-eraT Hetalned. OLTUFIA. Wash.. Nov. ZS. (Spe--laLj A writ of habeas corpus on be half of --Aj'itant-Gieral Hain'lt011 .was Issued by th State Supreme Court today, and as a result u is preaiciea m. trial set for Tuesday In the local Su perior t'ourt will 1 postponed for weeks and possibly monins. The petition was presented to Su nr.n.e Jiinii.e Kronk IT. Rudkln. In chambers, by thi attorneys for Hamil ton. As orla-lnally drawn, the writ called for a tiarinc before the State Supreme, Court L'ecember 3 as to whether Hamilton oe uotrairo. tht ist the court Is to hear arguments on another criminal case which also raises the point that lack of a saving: clause In the new criminal eooe oars km prosecutions for crimes committed prior to the taking effect of the new law. Justice Rudkln. as has been done often before. In issuing the writ, made 'it returnable December 3. before the local Superior Court. This Is even bet ter than Hamilton's atorneys had hoped for, as an aid to delay, because, should the releae of Hamilton be dented by Judge Mitchell in the Superior Court, an appeal will be taken to the Supreme Court from that denial.- which may postpone the trial on tne merlta for several months until the habeas corpus appeal Is disposed of by the highest court. Attorney-General Is Puizled. That this Is ftared by the Attorney General is evidenced by the activity of that offlcfr today in looking up author ities to sustain a contention that an ap peal in habeas corpus does not prevent trial of the main charfte. and by the further fact that the prosecution con tends that the writ Issued by Justice Kudkin wbs not a habeaa corpus but a how cause order, if It was a habeas corpus, Hamilton is In the Jurisdiction -of the Supreme Court and the inferior courts cannot proceed with the trial. The petition declares that Hamilton Is wrongfully restrained of his liberty be cause the old embezzlement laws were expressly repealed by the new criminal code and that if they were not so re pealed the embcxalement charge upon which Hamilton Is held Is a terrttoriar statute of 1854, and void because in con flict with the oraanic act. It Is further charged that state officials are In a con spiracy and have publicly stated they In tend to keep Hamilton in jail by filing charge after charge to prevent lilm en Joying liberty to examine the vouchers of his office to prepare hla defense. It Is also charged that excessive ball la ex acted In violation of iiis constitutional r"ht. Savin Clause Id Overlooked. As to the contention that the new ; criminal law with Its lack of saving clanse barring prosecutions, the Su preme Court today rendered a decision which may be In point. Last month, in a case from King County, where Wil liam Hanover had been convicted of practicing medicine without a license, the Supreme Court set aside his con viction, holding that the law existing when he committed the offense had been repealed by the new medical law in effect when he was tried, and that as there was no saving clause in the new lsw. his trial was void. Today the Supreme Court announces that it had overlooked an act of the special 1901 Legislative Session, which provides a general saving law for all criminal statutes repealed or amended, and therefore It sets aside its decision dismissing the Hanover case and orders rehearing. Surprise is expressed here that this 1901 law has been so generally over looked by Prosecuting Attorneys called to defend the new criminal code. One reason is that relatively few copies of he laws of that sp-ial session are in the attorney's libraries and many new attorneys did r.ot know there ever had been such session laws. The book Is but little larger than that containing the laws of the recent special session, and the edition had been out of print several years. CARRIES GUN READY TO USE Girl Out or Work Saved From Immi nent Suicide. BEIJ-INGHAJI. Wash.. Nov. ;0. (Special.) Carrying under her arm a long revolver- wrapped in a piece of paper, which she says she had obtained to use In case ahe could not find work. Iris Tates. a young girl of South Bel llngham. was arrested, and, after her pitiful story had been related to the police, was turned over to the T. W. C A. tOi be takeu care of. When taken to police headquarters Miss Tates refused to talk for some time, but finally gave a simple state ment of her difficulties and her reason for purchasing the gun. "I had been working in South Bel lingham and could not colleft my pay." ran her story. "I was In the hospital last month, and the bills have not been paid. I have one brother fn South Bel linghar.i. but both my parents are dead. No, I have never married. I I couldn't find. work.. I was look ing for It today. 1 just wanted to use the the gun in case I couldn't find work." EAST SIDE PROPERTY SOLD Weaver and Jae?ee Pay $9000 for Business Property, For a consideration of L. F. Weaver, manager of the Studebafcer Brothers Company. Northwest, and J. P. Jaeger, of Jaeger Brothers. Jewelers, yes terday purrhased 90x78 feet at the north west corner of Union and Alnswortb. ave nues. The property is now occupied by two two-story stores and Oats. The new I owners will immediately Improve the property, which la located In one of the old-established business sections on the East Side. These buyers recently completed "The W eaver" on upper Washington street and . onlv lately purchased 110x100 feet on Williams avenue, near Tillamook street. 1 Testerday's sale wu mad by Kirk Xirkiand. of 2X Ptark street. -x If v 20, BURIED 7 DAYS, TAKEN OUT ALIVE One Among Living jn Cavern Preached, Sang Hymn. Others May Live. SEARCH FOR DRINK LUCKY Mule Alive In Depth, Superstition Stopping Its Slaughter Gloves . Tobacco, Prisoners'. Food. Women Xow Hopeful. ii-onllrued From First Tase. ing. "George Eddy." he shouted, '.'neve got George Eddy here. . - c-o m a a womfln's nierc- ing cry from the crowd, "Is it you, Is it you; come here. George; here I am waiting for you." TT..I ,J , a mlnn lrtiin?tnr WAS tOO Weak to reply, and would only submit to the escort who carried nmi suenuy to me car, Brother Saves Brother. j . I mAMn rona when Wit liam Clelland was brought. At the news of the disaster a week ago, Rob- hrAt.r .nil 1 o a. miner, came here from South Wilmington. 111. He waa tnrormed on nis s-rrivai mm .i the entombed men were dead. He of- i hi- kaln m roirurr and de- ICIQU I". " clared he w?uld rnaln here until ev erybody was brougnt up. louay ne i . 1 ...ln tr nariv As the SUr- W.. lit U1C I V nvui.: r. - " ' J ' vlvora were brought through the gal lery to the noisting anaii. wrajiiim m blankets, 'Robert assisted them into the cage. In the flrat load tnat weni up a a.v.Am Robert dirt not. recog nize. The survivors were put in the sleeping car under tne care 01 nur.- rrm on Robert went down the shaft for another load. He was coming out of the cage again wnen a irieuu stepped up and tapped hira on the shoulder. "Bob, don't you know that W 111 is up?" he asked. Robert turned pale ana siaggerea. "Ton don't mean " "Tes. alive. He's up alive. WThy, Bob. you brought him yourself, wrap ped in blankets." Robert was so overwrought that he had to be relieved from rescue work and was himself taken into the sleep ing car. Happy Woman Envied. In a little four-room cottage, Mrs. George Subacus. became the envied of all at nightfall, for her husband was the first to be taken home. He fcnd his brothers were among the first survivors to reach the surface. A reporter led by a Lithuanian interpreter found Mrs. Subacas. one of the happiest women in Cherry, shoveling coal out of the Mule bin in the backyard.. She waa humming cheerily at her work and readi lv led the way into' tbs house. ' In a bedroom off the combination dining-room and kitchen, where Subacas, on the bed. hla three youngsters, the old est 4 years old. peering at his blackened face and arms. His story was simple and direct. x . "At 1 o'clock last Saturday the pit boss came to measure my work. After he went I waited for the team to come for the coal, but in two . hours It had not come, so I started to find out what waa the matter. "Pretty soon I saw smoke and I reit that the ventilation fan had stopped. The fire had been burning for an hour but that was the first I knew of it. I started to run then, but met George Eddy and son: others, about 21 in all, and Mr. Eddy led us way back where I had been working. Then we tried to throw up a barrier, but it was pitch dark and we did not get along well. All the time we breathed bad gas. I had nothing to eat of my own. but I chewed bark and drank water. We got the water by making little holes In the bottom of the entry. We made five of these-holes and theie was always some one at them. It was our principal food. That's how all the coal dust got Into our bsards. be cause we always were trying to drink." "What did you do all these days you were penned in?" "Why. we all said good-bye to each other. I and my brother, we cried much. At first the Knglish among us sang songs and the Italians were all the time praying, but after a while we were all too weak to move about. Water Their Savior. "Nobody reached us today we reached them. We wanted more water and we crawled over our own barrier and started. We did not know where we were, and were alwaya falling over things. We walked about ten feet apart so as not to fall on each other. The last 'fall in' nearly blocked the passage and we had to worm our way through a long aperture scarcely large enough to hold us. We Vere growing weftk. "We had breathed much poison. Then we saw the rescuers who had come. There was no cheering. We Just sat down and let them take care of us. That was all. Nobody had voice enough to cheer, and hardly enough to talk.". Subacas waa the only man allowed to go to his home for several hours, the doctors fearing that the men would eat too much. But the Lithuanian n w s- grew so excited at being kept from his wife and children that it was thought best to allow him to have his own way. Kddy Writes to' Wife. ' George Eddy, a hero among the he roes, who escaped from the St. Paul mine. In the darkness and despair of his position made shift to write a few words of encouragement to his wife. The letter follows: "November 14. Dear Wife and Chil dren: I write these few lines to you, and I think it will be for the last. time. I have tried to get out twice, but was driven back. There seems to be no hope for us. T came down 'this shaft yesterday to help save the men's lives. I hope them men I got out were saved. Well. Lisxie. if I am found dead, bury me In Streator and move back. Keep Esther and Clarence and Jlmmie to gether as much as you can. I hope they will not forget their father, so I will bid you all good-bye and God bless you all. "(Signed) GEORGE EDDY." ; On the reverse .side of this letter, written on a leaf torn from a note book, was the following from Walter Waite: v . "November 14. We, the undersigned, do not blame anyone for the accident that happened to pen us In here una we believe that everybody has done evervthing in their power to relieve us. With best wishes to all con cerned. "(Signed! Frank W'aite, John Brown, Thomas White. John Lorimer. Jack Higate. Salvatore Hlgate. Lawrence Frederick. Q. Antonore, Frank Zana rina. Leopold Pemond, Bonfelo Rog garii. George Shmits, John Shmits, William Clelland. Fred Bleraski, FraTik Bleraski. John Behonas, George Eddv, Walter Waite." From survivors who were seen, the highest praise for fortitude and leadership is accorded William Oelland. Twice daily Cielland. who Is a staunch church man, conducted religions services. His fa vorite hymn, the words of which even some of the foreigners picked up. was "Abide With Me." Twice today Clelland's rich Scotch brogue arose in the dark cav ern with the chorus of his pet sacred song. Rescuers Tell Story.. One of the leaders of the rescuing gang Is.Davld Powell. Powell, a tall, muscu lar, ruddy-cheeked old man, with iron grey hair, went on duty at 7 A. M. His story follows: "We were going along what is known as the second south entry or gallery and were passing a gallery shooting off from this, known as the second west, when, stopping for a moment. I heard some pounding and what sounded to me like a faint voice. I turned to the fellows and said: 'Listen. I thought I heard a voice then. Maybe it is some of the fellows still alive." Wre listened again and what appeared to be the voice and the pound ing continued. At that we started at- a brisk pace to where we thought the mon were, and found there an obstruction. Be fore 'we had the obstruction down we knew for certain that live men were be hind It. for we called and talked to them repeatedly. - "One of the men behind the obstruction happened to be an Italian who used : to work for me. "He called out, "Hello. Mr. Davio.' as he alwavs called me. 'You see we ain't dead yet.' In another minute we were all clasped in one another's arms. The men we took out of here were the first two to reach the surface and were apart from those reached later.' Mr. Holme's wife was at home when the news came that a rescue had been made, but names were then unknown. She saw women- rush past her house, but was compelled to remain at the bedside of her baby.-who was suffering from pneumonia. But her forced de tention at home occasioned her relief from the news from the mine. The cry "Helnze is up." was among the first that electrified the stricken com munity. How such news traveled can hardly be explained, but almost as soon as the cry was raised at the pit It came like music to the ears of the woman who had spent a week in an earthly inferno. A graphic description of the discovery of the men from the view point of the rescuers was told, by Father James P. Heanoy, of St. Mary's Church. Mendota, 111. Father Heaney, wearing a minis BfWTt, ' rsM : r ' L S if J''' Jr '' - n K itt? - i " i it ; A ' i : -I , - ' . 4 "n y ' i ' 1 , ' : M - J . - H - ,; I ' - nmwivWYTWtYi" is '""" XAAXaIXJM 1 - 1 'v. ' ' ' " t vf-'V ta, afV ter's cap and carrying a torch, 'was down in the mine with the rescue party. , "Just about 2 o'clock, whep we were probably feet Into the gallery from the hoMitlng shaft." said Father Heaney. "our party slackened up before a pile, of debris In the way. Suddenly David Pow ell said:" 'Listen, boys; I thought I heard something.' We were all silent. A faint sounding, as if coming through the thick ness of wall, waa heard. 'My God.' said Powell, 'I believe somebody is alive In there." Some of the other men replied: No. that is Impossible. Nobody -in the world thinks for a minute the men could live down here for seven days." ."Well," 1 eald, 'let's listen again." j "We air listened for what seemed to be i a full minute. Sure enough, there came I the same muffled pounding we had heard j before. Then we were too much affected i to speak. We could not believe our own j senses. Grabbing hold of the -picks and axes, our men began to tear down the loose pile of earth and rock. .Frequently we stopped to hear whether the pounding continued. It took us several minutes to make much headway into the obstruc tion. - " Sermons Preached Daily. Twice daily Clelland . delivered a blunt, stouthearted sermon, cheering on the fait ring men. , "Keep up your, hearts, ' lads. God is with us. Don't despair. Others have been shut otf from the light of day as we are,, and In God's good time come out alive," is the way one of his ser mons is quoted. Then followed the Lord's prayer Invariably. Imprisoned with the miners was a live mule, which, owing to a-Slavish superstition, is still alive. When Clelland and Lorimer started out to find more water, a trip that led to their ultimate delivery, a do:sen or more men remained temporarily behind. "If we don't succeed in getting water, kill tne mule." At these instructions the Lithuanians held up their hands in horror, for they had a superstition that if. in. such an extremity, they sought to prolong their own lives, even at the sacrifice of a dumb brute, they would surely die. Rather than take this chance they speedily followed the trail of .those who had started to obtain water.- ; George Semmerlch's inexperienced ef forts to make;the contents of his lunch pail last as long as possible shows how pressed the imprisoned men. were for food. ' : Semmerich's pail had contained four slices of bread, one piece of pie and a huge dill "pickle. Semmerlch's estimate of how long this food would last proyed woefully wrong, for, deducting what he gave to others. It had all dis appeared within 24 hours. Fortunately, the. prisoners still had a practically, unimpaired plub of tobacco. From this they extracted all the nour ishment possible and then swallowed the quid. This diet kept Semmerich's stomach In so feverish a condition that for three days the supply lasted he experienced practically no pangs of hunger. The leather band of his- cap was next pressed into service as a substitute for tobacco, and as a destroyer of appe tite served quite as well as tobacco. His gloveh followed. "It was a weird scene. The lights of the torches on .our caps . kept bob bing up and down as we labored, fjtl lng the place witii moving shadows. ' 'Now. let's stop and listen again," said Powell. Much to our Joy the pounding sounds came.. louder." A few more digs brought down the dirt from the top and a little black hole ap peared before us. "Two or three of us climbed over the dirt-and yelled: 'Are any of you alive in there, boys?" . "An answer came back: 'Tes.' "The men began pulling at -the dirt again and soon a large gap appeared. We yelled into Itr. 'You hold one of our torches." . " 'How many of you are alive in there, boys? We will save you in a minute." "In faint, husky tones the men called back: "Yes, we are alive and you bet we are hungry, too. Have you . got some lunch out there?" "1 crawled up as near the hole as I could without ' interfering with the men. .""God bless you. "men; we will get von out in a minute, and give you all I v ix.. . . .. Af .e , nntfo Copyrighted 1909 By I " 1 SCHLOSS BROS 6 CO. . -SsS . Fine Clothes Makers . Baltimore and New Yorkr . I TT H A And the I ' w h i c h The Dinner It may seem impossible judgement until you've "Baltimore the lunch you can eat. Be as patient as you can." . "One of the nien inside answered back: 'Most of us are all right and feeling fine, but there is one poor fel low here, a Frenchman called Frank, who is almost gone, and I'm afraid hewlll be dead in a few minutes if he doesn't get some fresh air." "When the pile of dirt finally tum bled -down some of the men were staggered by the inrush of air and the lights from our torches, for during seven days they had lived in total darkness. "With a. shout we Jumped over and met them, throwing our arms around their necks and almost lifting them from their feet. Their Joy was inex pressible. They pounded us on our backs and -continued to laugh and cry aloud until the whole place rever berated with the cheering. "My first concern was to get after the poor little Frenchman, who was re ported dying. I found him outstretched on his back breathing his last. Hold ing a torch over his face, which was .black with soot. I said to him: 'Do you give vour soul to God?' He an swered: 'I. am afraid I will never get up alive." "That was true. I administered the last sacrament and in a minute he was dead. ,, , "I then Joiped the others and walked toward the shaft, there occurring one of the greatest acts of heroism I have ever heard or read of. It can hardly be believed. . Walter Waite, one of. the men w-e-rescued, on hearing that there were others alive In another part of the mine, threw off the blanket with which ' he was covered and shouted: Well, then bv God.' I am not going: out of this mine until I get the others." "We remonstrated, saying that for him to remain down there longer would mean his death. "We will take you up to the fresh air and give you some warm food and Brown Your Hair With Mrs. Potter's Walnut-Tint Hair Stain. . Toa'd never tblnk I stained my hair, after I use Mrs. Potter's Walnnt-Tint Hair Stain. The statu doen't hurt the hair a dye do, but makes It grow out nice and fluffy." It onlv takes you a few minutes once a month to apply Mrs. Potter's Walnut-Tint Hair Stain with your comb. Staina only the hair, doesn't rub oft, contains no poisonous dyee sulphur, lead or copper. Has no odor, no sediment, no rea. One bottle of Mrs. Potter's Walnut-Ttnt Hair Stain should last you a year. Sells tor H.00 a bottle at flrut class druggists. We guarantee satisfaction. Bend your name and address on a slip of paper, with this advertisement, and inclose 5 cents (stamps or coin) and ve will mall you. chary prepaid, a trial package, in plain, sealed wrapper, with valuable book on hair. Mrs. potter's Hygienic Supply Co., 841 Groton BIdg.. Cincinnati. O. Krs. Potter's Walnut-Tint Hair Stain ts recommended and for sale in Portland by Woodward Clark Drug Co.. wholesalers and retailers: Eyesells pharmacy. 2S9 Morrison street; S- G. Skldmor a Co., 151 Third street. , i N K ,S G I V Points The Way To The Holidays. holidays bring Social Functions f r e q u i r e, at their very b e s t, Coat, The Full Dress. The Frock Coat, to link Full Dress and Moderate Prices but don't pass found the store that has these garments made by chlossBrds. &Go0k- then may be we will let you help us do the rest of the work," but Waite protested and we actually had to force him into the cage. All the way up he shouted: "Let me go down and help get the others up.' " Port of Astoria Levies Tax. ASTORIA. Or.. Nov. 20. (Special.) The Port of Astoria Commission has levied a special tax of .lS mills on the taxable property of the city. This will raise about S5000 which will be used in making surveys and formulating a plan for the Improvement of the harbor from Tongue Point to Smith's Point and Columbia, ah Edison or a Victor, unless you hear and see them all? That's the great advan tage in selecting your, ma chine at Eilers. Here, and here only, can you test side by side all the different ma-: chines and records. Besides, in dealing at headquarters you are absolutely sure of the"very lowest prices. All the Machines All the Records for them All the time, is the motto here. AVhy deprive your family of this great entertainer any longer? $1 weekly places it in your home. . COLUMBIA, EDISON, VICTOR MACHINES ellsswnseww of piano rlittbilitjr 353 Washington Street, at Park St. a, Pianos, Pianola Pianos and Talking Machines selected now Till be held and deliyered as Christmas gifts, if desired, without extra cost. Master Tailors the SCHLOSS "Clothes Beautiful" . For Evening Wear. They confer upon ihem the ripe experience of many years at shears and needle with them in Young's Bay. The Port was created by a vote of the people at the munici pal election held last December. Four Undesirables tCaught. A quartet of undesirables who gave their names as William Schrader. Lorette Black. Johnnv Hayes and Hazel Lewi?, were captured in levee rooming-houses last night by Detectives Carpenter and Price. They are confined in cells at po lice headquarters, In default of ball. Tils quartet will be arraigned In court to morrow. steam collier built entirely of cement Is being constructed by the Italian Govern ment. Disc or Cylinder Which Will It Be? It's impossible to carry in your mind's ear from one store to another the reproducing qualities of different makes of Talk ing Machines. Yet, how can you intelligently de cide whether you want a EDISON, COLUMBIA, VICTOR RECORDS im 1 1 i m i it ! . stodgy
