TTTE SUNDAY OREGOXI AX, PORTLAND, XOTE3IBER 21, 1309-
SCENES AT MINE WHERE 20 MEN WERE RESCUED ALIVE YESTERDAY
HAMILTON SEEKS
TO DELAY THIAL
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Supreme Court Issues Writ of
Habeas Corpus for Ac
cused Man.
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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expressly repealed by the new criminal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
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' ' ' " 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,
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you a year. Sells tor H.00 a bottle at flrut
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Bend your name and address on a slip of
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5 cents (stamps or coin) and ve will mall
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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