The Coos Bay times. (Marshfield, Or.) 1906-1957, June 05, 1907, Daily Edition, Image 1

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    ;,Tf ry .
Member of Associated Press,
Xo. 285
Daily Edition
HFRnin rfsriif sfiHin jury :
Francis Clarke And Three Year Old
Son Perry Fall Overboaid
From Launch Tioga
Frnnlc Smith Plunges into AVatcr
niul Rescues Child In
Nick of Time.
Little three-year-old Perry Clarke
and his father, Francis II. Clarke,
narrowly escaped a watery grave
lust night, and that they are living
today la duo to the hciolc efforts of
Frank Smith, superintendent of the
Coos river fish hatchery; John
Shook, and an old-tlmo sailor named
Mitchell from Myrtle Point.
Mr. and Mrs. Clarke, with their
family went up Coos river yesterday
morning for a day's outing, and
started back on the launch Tioga
In tho evening. Mr. Clarke was sit
ting In one of the chairs on the rear
deck and tho little boy, Perry, was
standing near him. In some man
ner Mr. Clarke lost his balance 'and
went overboard. Tho child fell over
also, and it Is thought he must have
been holding to the chair, as Mr.'
Clarke was not aware that any one
but himself had fallen in the river.
Smith's Quick Work.
As the boat was going down
stream it gained several feet before
Frank Smith, who was running it,
could take action. The cries of the
mother conveyed the full purport of
the danger to him and he did the
only thing under the circumstances
running the noso of tho boat into
the bank of the river. Ho then
jumped ashore and ran down oven
'with the spot where tho child had
disappeared under the water for tho
third and last time. The little boy
was about twcity-flvo feet from the
shore. Smith, with all his clothes
on, jumped Into the river and, swim
ming to where tho child wad; reached
down and brought It to the surface.
The little fellow had taken In quite a
goriu deal of water and was uncon
scions. fflfflfi
, John Shook's Action.
;When Smith, .started, after- the
clUJd John Shook', who' was, on the
launch, unloosened the,-ts'mrlUjJboit
which was on the forward deck 'and
paddled up stream lo.fhe spot where
thejj boy had gone downJ , Just as
Smith clutched -"th'o Jfttfe fellow' and
brought him to tho surface. Shook
camo up with tiie 'boat, and Smith
laid the child in- it and climbed in
also. The boat was then rowed
back to the launch.
, .Father's Attempted Rescue.
When Francis Clarke fell over
board he struck 'out for the shore,
about fifty feet away, but when with
in a few feet of t the cries from tho
boat attracted Tilm and, turning
around in the water, ho saw his little
boy's danger and started to swim
back to save him. It was apparent
from his efforts, that the water
soaked condition of his clothing was
beginning to Impede his efforts, for
his scrokes began to show the effects
of' exhaustion. Frank Smith called
t& him that he would save tho child
and Mr. Clarke, Seeing that Smith
was'nearer to hhvaon than he, again
turned toward' tho shore. To every
one, on the boat (IJ was apparent that
tho father's strength was beginning
to' wane, as ho made no perceptible
progress, only keeping his head
above the water. It was then that
the "climax to that evening's record
of heroic deeds was reached. .
Mitchell's Swimming Feat.
An old-tlmo sailor, named Mitchell,
from Myrtle Point, saw Mr, Clarke's
Imminent peril, and not waiting to
discard any clothing, jumped into
thq jjwater and, with long, steady
strokes, pulled to tho rescue of tho
struggling swimmer. It is believed
that ho reached Mr. Clarke in the
nick; of time, for tho latter was about
spent, when, aided by the strong
arms of Mitchell, he was assisted
Frank Smith and John Shook, with
little Perry Clarke, rowed to the
launch Tioga, where tho mother was
waiting In agonized suspense for
their return. After a Httlo work- It
was jBMlly apparent that tfce boy waarespue yesteday was, the Test ever
not1ir!BerlouV danger other than hta witnessed around Coos Ba"y,
Over riding Objections From the
Defense Judge Dunne Disquali
fies Sheriff In Charge Jury
Attorney Ileney Threatens to Send
Barrett to Jail for Objec
tionable Language.
San Francisco, June 4. The jury
was completed this afternoon for the
trial of Mayor Schmitz on tho first
of the five Indictments returned
against him by the Oliver grand jury,
by which he is accused jointly with
Ruof of extortion from the French
restaurants. Judge Dunne, upon
motion of the prosecution and over
the determined and spirited objec
tions of tho defense, formally dis
qualified Sheriff O'Neil and Coroner
Walsh as unfitted by, personal b'las
to perform any functions In connec
tion with the trial, and appointed
William J. Biggy, elisor, to have
charge of the jury until the verdict
had been rendered or a disagreement
reached. Shortly after the adjourn
ment Biggy marched the jury to the
St. FrauJtls Hotel, where it will be
kept uiufpr lock and key all the time
it is no't sitting In the trial. Judge
Dunne has decided tho jurors shall
have no newspapors to read until all
articles l elating to the casehave
been censored. They "may receive no
general mall nor be communicated
with "by their families except undo?
scrutiny of tho elisor. The State
hopes to put all its evidence in this
Tho defense fought tho appoint
ment of Biggy as elisor "Because he
is part and parcel of the prosecu
tion," and because he employed De
tective Burns, "Than whom no man
Is more zealous for the conviction of
this defendant." Judge Dunne re
plied that he had no confidence in
the Sheriff's office, but he did fin
Biggy. He said ho knew if Biggy1
had charge of the jury It would jbe
subjected to no outside influence.1
"That is jus$What we want to jbe
sure of," retprted Campbell of the
counsel 'ior'defonso. li ij
"That," isneered Johnson, of tho
prosecution, '"Is evident from tho con?
duct of the., defense." f t
"But It is not evident from thtj
conduct of thq,Statej"j was tho sVft
"We do not forget," Interjected
Barrett, one of the Mayor's attor
neys, "that you have-money batnd
"Thank heaven this is not dirty
money," retorted Johnson.
"Now," said Heney, rising in
wrath, "I am goings tp ask your
honor to commit Darret to jail for
contempt if ho does not cease his
slurring Interruptions of this pro
ceeding. I "
"This court, I take it, Is not going
to send mo or anybody to jail at the
behest or to suit the purposes of
Heney," observed Darrett.
"Both of you take your seats,''
commanded Dunne.
At which, complained Heney point
ing his finger at Darrett, "He's been
talking all afternoon I haven't had
a chancp to talk at all."
"And naturally ihat pains you,"
soothed tho Mayor's lawyer, wjth
wliom wa"s the laugh.
Judge Dunne ended the discussion
by saying ho would instruct Biggy
not to employ any ono connected
With tho prosecution or tho defenso
unless he employed both. The Judge
said he did not care how many pep-,
pie watch the eljsor, but ho did not
propose to have anyone except tho
elisor watch the jury."
water-soaked garments. When the
family had been reunited again the
boat Tioga was held and all repaired
to a nearby ranch, where dry cloth
ing was secured for the Httlo boy
and Mr. Clarke, Tho boat then con
tinued toward the bay, arriving at
Marshfleld about 8:30 o'clock.
River men say the action of the.
men concerned In the wbrk of the
I Pi rfik&UnL,
W55C fi4f71.J! flJ'iVi6WAaSSi 'V
rimy w stfWi n
wr sWJr
S$r S&lft'Jr h
r tur s l -u
Police At Washington Capiiol Refuse
Admission To Aged Confeder
ates With Arms
Guards Insist Tiint Law Allowing
Only Private CitiA'ns In Build-
- mg no iiiiiorceu. - , -,
., , .,yi .. -&-iib-'&im--M
Washington, 'Juno' 4. One hun
dred armed confederate veterans
from Tennessee carrying the stars
and bars (wero today denied admls-'
slon to the United States Capitol
nnui mier mey uaa juwtsruu iuuii
flags and disarmed. The old sol
diers came to Washington from the
Richmond reunion's anclfaf ter vislt
ir.& thfi White HnuJ marcliid down
Pennsylvania avenue foVhoCapltolin
gCapItol police informed them that
tho Capitol .only as private citizens
'an'd notf as;Jain, arjnedi)jOd'i' , Cofo
eressman Caines. of Tennessee, wlio
nccompaynjejl"te''ytr9ranB, .entered.
over, thatt theft vpteransi braK; ranis,
find disarm before entering the build
ing. Finally this was done, and tho
.old soldiers were shown through the
Capitol. , . ,f '-'x
He is Given Royal Ovation at Con
federate Reunion.
Richmond, June 4. Under a per
fect eky, with the bands playing
'Dixie" the remnants of the army of
the gray passed through tho streets
of Richmond and unveiled tho monu
ment of Jefferson Davis. The event
was the climax to tho reunion of the.
united confederate veterans. W. J.
Bryan who was tho guest of tho re
union was given a remarkable ova
tion as ho drovo through tho streets
In the lino of march and was cheered
to the echo as he mounted the stand
just before the program was begun.
At'the concluding 'numbor there wero
calls for a speech, but ho immediate
lydecllned amid a chorus of "No, No,
No!" many times repeated. General
Stephen D. Leo, grand commander,
who presided, announced several
times, "There will bo no politics
here," and this had the desired ef
Brings Enginol and 100"' Drums of
The steamer Thomas L. Wand ar
rived yesterday,, from San Francisco
With an engine for the Cooa Bay
Lumber and Coal Company and a
shipment of 100 drums of gasoline
for McCullom & Flanagan. The en
gine Is an old one formerly used on
the Salt Lake and Murcur railroad,
and.'.w'iU be, ucd .for keavy grade
work by the new firm.
Tx. 1V
-c-Brai' a
Jamlcson in Pittsb.m-g Dispntoh.
Ask That Decisive Action Be Taken
On Questions Arising From
San Francisco Incidents
Belief Prevails That Continuance of
Present Racial Feeling Will
yff iiihtiMt ali '
reyF- .
Tokio, June 4. A deputation of
the progressive party waited "on For
eign Minister Hayashi this morning
and asked for an explanation of the
government's apparent inaction in
tho''pfesenco,, of the grave diplomatic
'questions-- both .with China und th
United States. The deputation
Polled attention to the reported fafetB
K T .,, t , i h 'a t;
ojigly indicative Eof a racial feel
Ihgn SanFrancfsco against the
Japanese, and dwelt on tho ,neces
Siy o)Ptemptorllyfdd31Irfgwlth tj,g
questions jnow, otherwise frequent
itmj$is! of Jlid'acts'' already corn?
plained of would' endanger uig
'JrierfdJ relations ofcithti" Japanese
and ,AmerIcans. Hayashl's
kp'tj secret, and it' remains to be sjen
whether It was satisfactory or notj
! t
labor troubles ?
Mound the world
New York, June 4. Fifteen thousand-striking-
longshoremou returned
to work for the terminal companies
and" steamers. Tho companies
agreed, to advance five cents an hour
iri'wages. Tho Trans-Atlantic lines
refuse to accept tho compromise.
Paris, June 4. An extended strike
Bdpmvlrtuallynt an ond with the
capitulation -of the strikers who are
expected to resume work tomorrow.
The men have been promised Im
munity from punishment and tho
naval commltteo has assured the
delegates that tho pension system
will bo improved on if possible to do
j? S 'IT?
V, Tthree thousand out. ,
sj. Havre,"', June A. Threo thousand
strikers voted not to return to work
despite the recommendation of tho
strike, leaders. r
Jf v - I v i I
PJle of Ties and Loosened Rail Are
P, ?L ' I)lscoered.
San Jose, Cali June 4. An at
tempt was made to wreck the early
morning train, between thlB city and
San Francisco, but was discovered In
time t6 avert an accident, A pile of
ties had been placed on tho Southern
Pacific track near Santa Clara. Also
a rail had been loosened. A fright'
Xul wreck was avorted, Two trampa
were arrested and detectives are at
Scathing Accusations Mark Prose
cution's Opening Statements
In Steunenbcrg Trial
Leaders of "Inner Circle" of West
ern Federation of Miners-Must
Answer Grave Chaiges.
Boise, Juno 4. Through James
H. Hawley, senior of the group of
prosecutors, tho State or Idaho to
day made the opening statement
against Haywood, and then began a
presentation of the testimony by
which it hopes to prove the indict
ments laid against him. The open
ing statement was a broad, sweeping
arraignment of tho leaders of tho
Western Federation of Miners who
wero charged with plotting whole
sale murders, and hiring assassins,
all in a gigantic conspiracy of ven
geanco upon those who obstructed
their sway; to destroy the opposition
by terrorism, to control the political
destinies of communities covered by
tholr organization and to perpetuate
their own power within tho organi
zation. It charged a widespread
conspiracy, dating its inception from
the north Idaho disturbance fifteen
years gone, reaching down to the
murder of Steunenberg and whoso
murdered victims, by bullet and
bomb, numbered scores.
Hum ley's Hitter Arraignment.
Hawley declared whenever In the
mining sections of the coast States
the Federation had been In control
there had been left a trail of blood
to mark its operations. Of the
hired assassins he cried, "To them
to murder becapie a trade and assas
sination a means of living," As to
general conspiracy) Hawley said, It
had bepn part of their policy to con
trol tho ylows of rnrous sections
where tholr organization has had
contrpl. ,Thls conspiracy, this collu
sion, these crimes, this understand
ing between tho leaders of this or
ganization, Hawley declared, togqth
er with spmq that were associated
with them In a subordinate role,i to
gether at other times with others
that upon the putsidQ Played Jntp
their hands, caused death, and has
been the real "cause of the death of
Governor Steunenberg. '
1 Hawley declared theprosecutlonj
'would proVoThatho inception of thq
'conspiracy wa's formed by the "In-;
ner Circle," the object of which was;
to perpetuato their own power botlf,
n the Federation itself and imgovern-f
Jmental matters of 'the different sec-t
jtions of the mining country wherein'
they had pontrol by "Employing desJ
perate criminals to commit murder!
hnd other atiocious crimes" against;
those whoso wishes rah counter to
their interests.
As a part of tho prosecution's case
fallowing who Is lcsponslble fOr the1
Stoixnonborg's murder, and who
caused it to bo committed, Hawley.
said they would show that tho lead
prs of this "Inner CIrclp" have for
more than eight years past mado a
record of deeds and vlbldncd, and
that their choson methods and course.
and custom has left a trail of blood
In tho mining sections of this entiro
coast wherein t)iey had control. Wp
Will show that the leaders who com
prise tho "Inner Clrclo" havo traded
In blood, employed- hired, assasslus
to take the llfo and destroy the
proporty as tholr Interests seem
ingly required; and as part of their
gendral practfeo of protection raised
by an. assessment lovied on'tho mora
l)Qr,of their order, a. largo, amount
of.monoy as an emergency fund, and
from It not only squandered largo
sums for thior personal purposes and
In certain criminal methods, but havo
also from It retained tho best legal
talent to defend thoso of their num
ber charged with the crlmo."
After re-tolling tho story of tho
Caldwell crime, the confession of
Orchard and a part of tho history
pf tho Coeur D'Alono trouble, Haw
lew said "Tho original proposition
and theory that the power of this
Fpderatlon or of tho "Inner Circle,"
pr at least of tho Federation, could
beat be perpetuated by tho murder of
these who In official llfo or In private
Railroad Magnate Will Be Defend
ant to Proceedings Instituted
By Interstate Commission
Before. July 1 All Will He In Readi
ness for Commencement of
Government Proceedings.
Washington, June 4. After u con
ference with tho President, Commis
sioner Lane, of the Interstate Com
merce Commission- announced that
before July '1 proceedings would bo
Instituted to compel E. H. Hairiman
to answer certain questions pro
pounded by the members of tho
Commission at tho recent hearing
In New York when the Havrlraan
merger was under Investigation.
Previous to his conlerenco with tho
President Lane conferred with Frank
B. Kellogg, special counsel for tho
Government in the Standard Oil
prosecutions, and it was anansed
that Kellogg should represent tho
Government In the cases to be.
brought against Harrlman.
The case will bo brought In tho
courts of the Southern District of
New York. Whether the prosecu
tion or defense will win the decision
in court the first Instance, It is ex
pected the case will be appealed and
finally carried to tho United States
Supreme Court. It may be a year be
fore the final decision Is reached.
For this reason It was announced
that several weeks ago tho Commis
sion would not wait 'for the result of
thoso proceedings before taking no
tion on the general subject Of tho
Investigation of tho Harrlman lines.
situation 'ran counter tp thefr Inter
est's, became manifest seemly after
they assumed entiro control. Tho
"Iniu?r Clrcjle," composed as It was of
this defendant and co-dqfondants, to
a geat extent brought around them
a few choice spirits, and to thepi
murder became a trade find assassin
ation a means, pf living,
( Pay for Murders.
' wWo will, s)iowA gontlpmen, that
a scale of. wages was1 ovpn devjsed
fixing tho aniount to be paid for thp
different crimps by this "Inner Cir
cle" to parties who committed theso
crimes, and chlof amongst theso who
did tho actual work that was planned
by the "Inner Clrclo" and paid for
out of the funds of tho Federation
by tho members of tho "Inner Clr
clo" was this man to whom f havo
referred Harry Orchard and one
Stevo Adams."
Hawl6y spoke nearly an hour and
a half to a' courtroom crowded but
silent, to a jury, which, sitting bolt
upright, watched for every word, to
a prisoner .with his family around
him whoHw,asIse.yqral tlme3 moved,
to deep emotion "as tho prosecutor
pronounced tho charges. Tho coun
seyfor the defence opened the flre
before the statement had proceeded
ton minutes and repetition of ob-
jectlon from, thepn'fed to threo or
four shnrp exchanges, They pro
tested against tho 'chargo that tho
Fedoratlqq was guilty of "scores of
murders" and tho assertion that thp
conspiracy extended back to tho first
trouble in north Idaho, which was
years before tho accused was a mem
ber of 'the organization, "and they ac-1
cused Hawley of arguing tho case In
tho oponlng statement Thoy dotted
the records with exceptions and over
ruled tho objections, and finally got
an agreement whereby thoy could
protect their rights as to tho wholo
opening statement. Judgo Wood
permitted a wldo scope In tho open
ing statement on tho assuranco of
Ilawloy that tho, latter 'could show
oxistenco later, of tho conspiracy
with which it Is charged and make
the necessary," legal connection.
Eight of the witnesses woro ex
amined and there would havo been
time for threo or four more If tho'
available supply of the State had not
unexpectedly run out.