The Coos Bay times., July 06, 1907, Daily Edition, Image 1

I Daily Edition QUI00 fijM
mmw
USE TIMES WANT ADS
VOL 1.
BOISE TIL
HEARS CLOSE
Counsel for Defense Announces
Its Case Is Practically
Before the Jury.
HAYWOOD WILL TESTIFY.
Court Takes Adjournment Till
Monday Morning.
JURORS WANT EXERCISE,
Witnesses Give Additional Strength
to Story In Refutation of Or
chard's Testimony.
Boise, July 5. The beginning of
the end of the Haywood trial wji
reached today. Counsel for the do
fojjr announced, with tho exception
of three or four witness-, its case
is before the jury. Moyer will be
called Monday, to bo followed by Hay
wood, tho defendant. Judge Wood
has asked the counsel on both side.'
o submit their requests for instruc
tions to tho jury. Ho informed the
counsel he would consider theso re
quests and will agree with the coun
sel as to what his instructions shal'
bo in order that the arguments on
both sides may be limited to what
the jury will bo allowed to consider
in tho evidence. Court was ad
journed this afternoon until Monday,
tho court expressing tho hope that
the interval will be used by tho coun
sel in preparations that would pro
vent further delay to bring tho cabe
to as speedy a close as possible.
It is expected tho rebuttal evidence
In behalf of tho state will commo-v.a
Wednesday, perhaps Tuesday, muih
depending on the extont of the cro3
examlnation of Moyer and Haywoo 1. 1
Tho counsel on both sides were will
ing to admit this afternoon tho possi
bility of a verdict or a disagreement
In two weeks. Some uneasiness on
tne part of tho jurymen as a result
of their long confinement developed
this afternoon. Just before tho ad
journment of court, Juror Russell
turned to the bench and asked if the
jury would be allowed to exercise
during tho two days' adjournment.
Ho explained somo of tho jurors wero
disinclined to taking walks, and .'or
that reason other jurymen wero un
ablo to take the exercise to which
they are accustomed and without
which there Is danger of sickness.
Juror Sobern addressed tho court in
a slmllnr strain. Tho court and
counsel agreed to arrange anything
within the lawful improvement of
conditions. '
Juror Burns complained that tho
bailiffs were too strict in tho enforce
ment of trivial rules, where upon
Juror Robertson, a good humored
Scotchman, defended tho bailiffs by
laughingly saying: "Well, I don't
know about it being too strict. I
know I never had a bettor time lu
my life;" tho announcement being
greeted, with roars of merriment
oven tho court participating.
Five witnesses wero on tho stand
this morning and added support to
those who preceded them, testify! ng
that conditions existing In Colorado
wore not auch us to call out tho
militia. Orchard wa3 further dis
credited by Owen Barne3, a miner
,7ho lived near Independence mine
and v. no, Orcnai d baid as.sHted him
in making bombs. Baruos knew Or
chard, Adams, Easterly and others
and doniod ho ovor planned or dis
cussed any criminal expedition with
Orchard. ""
J. Wolff, a financial clerk for Pet
tlbone, and who closed up Petti
bone's business after he was nr
rested proved a strong witness for
the defense in its contradiction of
Orchard's story. Orchard tostlfled
that when he was In San Francisco
on tho Bradley killing expedition ho
sent to Pettibone for monoy and ro
cieved a registered Iteter with fivo
? 20 bills, signed J. Wolff. Tho state
EVANS WILL
- HAVE CHARGE
Pacific Coast Fleet Will Con
sist Probably of Sixteen ,
Battleships.
WILL INCLUDE CRUISERS.
Headquarters of Armored Cruisers In
California Waters Composi
tion of Fleet.
Washington, July 5. It is con
ceded that Admiral Evans will have
charge of tho fleet which is to go to
the Pacific. It will consist probably
of sixteen battleships and as many
colliers. Tho armored cruisers
Washington and Tonessee, now in
French waters, are under orders to
immediately refit and proceed to the
Pacific ocean to form part of an ar
mored cruiser squadron to be assem
bled there. It Is possible they will
bo detained and will accompany tho
battleships on their voyage.
When Admiral Evans arrives off
the coast the fleet will bo increased
by the addition of tho battleship
Nebraska. She is newly completed
and Is awaiting tho rounding out of
her crow. The battleships Oregon
and Wisconsin, now at Bremerton,
will probably be ready for sea by next
March, so that they, too, may be
added to tho fleet, which will then
comprise nineteen battleships, be
sides tho armored and protected
cruisers of the Pacific fleet.
The composition of tho fleet today
is as follows: Battleships Connecti
cut, Maine, Missouri, Virginia, New
Jerpoy, Rhode Island, Alabama, Illi
nois, Kearsargc, Ohio, Minnesota,
Vermont, Kansas, Georgia, Oregon
and Wisconsin. Protected cruisers
Charleston, Chicago, Milwaukee, St.
Louis. Gunboat Yorktown. Ar
mored cruisers of the squadron of tho
Pacific coast fleet, which will have
headquarters In California waters,
will be composed of the Washington,
Tennessee, California and South Da
kota. Rear Admiral Stockton will
command the armored cruisers squad
ron, the Tonessee being the flagship.
AGED MAN IS RESCUED.
Is Found Almost Dead on the Rocks
Near Seattle.
Seattle, July 4. Edward Cun
ningham, aged C9, was ordered away
from Neah Bay by Indian Agent and
Physician C. L. Woods, and later
was found on tho beach by J. M.
Coleman, lighthouse-keeper at Ta
toosh, and carried half dead to Clal
lum. Cunningham had gone to Neah
Bay to look for land, but tho Indian
agent warned him away. He started
but was advised to wait for a regu
lar boat. The Indian agent saw him
again and repeated his warning.
Tho old man, unfamiliar with
beach conditions, tried to walk to
tho nearest town, and was driven in
to tho rocks by tho tide3 and storms.
When found Sunday by tho lighthouse-keeper
his was jammed be
tween rocks and he was nearly dead.
J $ ;
GOVERNMENT CLOSES MINES
Rock Springs, Wyo., July 5.
As a result of suits filed by
the government against tho
Union Pacific Coal Company,
forcing the company to aban
don property alleged to bo II-
legally secured from the gov-
ornment three big mines sltu
t ated on the disputed proporty
closed up. The offect will be a
further shortago of coal In the
west.
$ t ! 4 t $
Intimated this was the name under
which Pettibone passed.
The witness swore he sent Or
chard no money but sent a registered
letter to Orchard as "Jaok Dempsey"
addressed to him In San Francisco.
This letter Wolff swore rontained a
Masonic charm and a union card left
with tho Federation and for Milch
It has been testified, ho wrote for
after his arrival in San Francisco.
Member of Associated Press.
MARSHFIELD, OREGON,
HARD
-: ; -i-- .
JAPANESE RAILROAD
FINANCIAL SUCCESS.
Tokio, July -1. At a general meet
ing of the South Manchuria Railway
Company, Piesident Goto announced
that since it had acquired the railway
the company had been engaged in
making Improvements. He himself
had had an audience with the Chi
nese Emperor and interviews with a
number of Mandarins, which had
proved highly beneficial to tho com
pany's business. The directors ap
proved tho declaring of a 6 per cent
dividend and carrying forward of al
most 400,000,000 yon ($200,000,
000). The company's prospects are
said to be excellent and cause rejoic
ing. The Tokio newspapers agree in
praising tho liberal views of the new
Viceroy of Manchuria, who has pro
nounced irrational and injurious the
policy of quarreling with Japan over
trifles. While China, ho says, seeks
merely to preserve her own prescrip
tive rights, he credits the Japanese
with intending sincerely to pursue the
programme of tho open door and
equal opportunities.
THAW WITHDRAWS .MOTION.
New York, July 5. A. Russell
Peabody and Daniel O'Reilly, attor
neys for Harry K. Thaw, have served
on Acting District Attorney Smyth
notico of withdrawal of tho motion
recently made In tho Supremo Court
for an order directing Dsitrict Attor
ney Jerome to show cause why he
should not set Thaw's second trial
for tho October term of court.
Thaw decided that the district at
torney intends to act fairly by him
in tho matter of bringing him to
trial as soon as possible and there
fore directed his lawyers to with
draw the motion which will be set
for argument tomorrow.
IGNORE THE MAYOR'S VETO.
Portland, July 5. It is believed
tho ordinance granting tho Oregon
& Washington Railway a permit to
construct a tunnel across the penin
sula, a distance of one mile, will bo
passed by tho city council this after
noon over tho veto of Mayor Lane.
It will tako fivo dissenting votes to
sustain the veto, and from all indica
tions this number cannot bo lnus-
tored. Tho railway is using overy
argument possible to gain votes in
favor of the penult.
If tho veto is sustained tho cor
poration will begin Immediate action
in tho courts, it Is said, to condemn
I
a right of way across the peninsula
according to tho authority granted
them by State laws. In this caso tho
city will receive no concessions what
ovor from the company. The rop
rebontatives say tho only reason thoy
consented to a common user clause
was to obtain quick action that they
might proceed immediately with the
construction work. If the matter is
taken into the courts they claim it
will delay their work many months
and will cause great damage to their
enterprise.
l
BASEBALL HKSL'LTS.
Seattle, July 5. Seattle 11,
Taeoma 0.
San Francisco, July 5. San
Francisco 4, Oakland 0.
Los Angelos, July 5. Los
Angeles 4, Portland 5. :
Butte, July 5. Butte, 1; Spo-
"kane, 5. '.
SATURDAY, JULY 6. 1907.
AT WORK.
New Orleans Times-Democrat.
SEATTLE "JAPS"
OBSERVE FOURTH
Seattle, July 5. The Japanese
Association appropriated $1000 to
aid the Nippon Yusen Kaisha in cele
brating the Fourth of JJuly in Seat
tle. Japanese Consul S. Hisamldzu
was present a band discoursed Amer
ican airs and the Japanese gave a
reception to the Americans. The
reception closely approached an
official Japanese testimonial, given
with all- the eclat that the consulate
and Japanese Association caii lend.
The highest point on Queen Anne
hill, Seattle's fashionable residence
section, was chosen for tho day and
night displays of fheworks, and an
adjoining lawn was tendered for the
reception. Aside from tho celebra
tion there was no other Fourth of
July celebration in Seattle.
CHILD'S LONG VOYAGE.
Now York, July 5. Edith Deane,
a pretty child of 12 years, arrived
hero today as a second cabin pas
senger on the Umbria. The little
girl is traveling alone to San Fran
cisco, where she is to live with her
relatives. -The passengers petted her
on the voyage and the Immigration
officers saw her safeljwransferred to
the train.
TOURIST LOST ON .MOUNT HOOD.
Man Rescued Was in a Starving
Condition.
Hood River, Ore., July 5. Wan
dering aimlessly far up on Mount
Hood, Frank Lymington, who tried
to reach tho top of the mountain
without a guidCT managed to reach
Cloud Cap Inn Sunday nl an almost
fantlng condition. Had it not been
that Howard Mecklin, who Is man
aging tho Inn this year, had reached
there, it is possible that Lymington
would have died from exposure and
exha istion. After being cared for,
ho stated to Mr. Mecklin that ho had
left Mount Hood settlement at 5
o'clock n the morning with ,the In
tention of going as far up tho moun
tain as possible, and got lost in the
forest reserve. Not knowing which
direction ho was going In, ho for
tunately kept moving toward tho Inn
and finally reached it just as he was
about to glvo up, Lymington was
Mount Hood settlement.
!a UNIQUE COURT CONTEST.
Government and City Engage. In
Suit.
Rochester, N. Y July 5, Tho con
test of tho will of Captain Charles
Y. Hooker by hlsSrelativos began to
day In the Probero Court. At the
time of his death, early this year,
it was found that Captain Hooker,
who left an estate worth more than
$550,000, had Ignored all his rela
tives and bequeathed his money to
the United States Government, nam
ing Theodore Roosevelt and his suc
cessors In office as executors. Most
of the real estate was left as a site
for a military acadomy at Galesburg,
111., with money to be used as an en
dowment. The city of Galesburg is fighting
for probate of the will through Mayor
George Shumway, who Is here look
ing aftor the interest of tho city.
Attorney-General Bonaparte has
directed District Attorney Bass of
Buffalo, to protect tho Interests of
tho Federal Government.
& or
E
Four Men'Aboard Whaler Her
man Receive $500 Each
for Cruelties Sustained.
TELL HORRIBLE TALES.
Claim They Wero Given Scurrilous
Food and Brutally Maltreated
Object Lesson.
San Francisco, July 5. Judge J.
J. Do Haven, in the United States
District Court, yesterday filed his
opinion In the libel brought by. Harry
Reynolds and others against tho
j whaling ship Herman and H. Llebes
J& Co., In which It was claimed by the
libelants that by the captain's or-
Iders certain members of the ship's
crew had been triced up so that their
feet barely touched the deck, and
afterward imprisoned. Judge De
Haven gave judgment for $500 to
four of the libelants, Noble, Pressley,
Reynolds and Castleman.
The Herman shipped the nine
libellants, William Noble. William
Pressley, Harry Reynolds, J. R. Cas
tleman, all of whom claimed $20,000
damages; J. S. Joy, who shipped as
steorage boy and asked $2,000 for
being compelled to perform degrad
ing services; R. Micke, T. Aspe, B.
G. Castelle and J. Hewett, who com
plained of the insufficiency of food,
lime juice and other anti-scorbutics,
through which they wero made to
suffer from scurvy, and asked from
$150 to $500 damages.
The ship while away captured two
whales, which rendered 3.S00 pounds
of whalebone, valued at $28,500.
Judge Do Haven, In his opinion,
says that in the libel it is alleged
that Reynolds, Noble, Pressley and
Castleman were wrongfully, and In
breach of shipping articles, hand
cuffed with hands behind them, by
order of the master, and then a rope
was tied to the handcuffs and run
through a ringbolt fastened over
head, and that the libelants were
triced up, so as to bring the weight
of thoif bodies upon their arm3, with
their toes barely touching the deck,
and wero at other times clear of the
deck for one hour, and were after
ward confined to the main hold for
fifty-eight days, receiving prison
faro.
The object of the punishment
seems to have been for tho purpose
of obtaining a confession from libel
ants that they had committed vari
ous thefts from tho ship's stores and
had conspired to break into the
storehouse, obtain arms and pro
visions, and then disable and deseri
tho ship. Such a ronfes3lon was ob
tained, and the libelants wore then
imprisoned In Irons.
Judge De Haven holds that the
master was justified In imprisoning
tho libelants, as ho had believed that
such action was necessary for tho
safety of the ship, but ho was not
justified In handcuffing and tricing
up tho men, either us a punlshmont
for offenses past, or for tho purpose
of extorting a confession was a
breach of contract.
With reference to tho claim of
Joy, who asked for $2000 damages,
for having to perform degrading
work and for not receiving proper
food, tho opinion says that Joy was
19 when ho shipped, and did not af
terward ratify the contract when ho
became of age, according to the evi
dence put In on his behalf, and he
would, therefore, be ontltled to re
cover only the reasonable value of
his services.
The libel In connection with the
claims made by Mleke, Aspe, Castelle
and Hewett, who asked damages on
account of Insufficient food and lack
of anti-scorbutics, was dismissed, the
court holding that there was not suf
ficient evidence to show that they
were ontltled to recover.
WEATHER FORECAST.
.
Oregon Washington, Idaho,
fair and warm.
SO
NO. 312.
0.
Standard Oil Magnate to An
swer Questions in the
United States Court.
ROGERS MAY ALSO APPEAR.
Maximum Fine for Offense
$29,240,000,
QUESTIONS ARE PREPARED,
Inquiry Into Workings of Standard
Oil Company Will Be
Searching.
Chicago, July 5. Accompanied by
hi3 brother, Wm- Rockefeller, John
D. Rockefeller, president of tho Stan
dard Oil Company, will appear beforo
Judge Landls in the United States
District Court tomorrow morning. It
is supposed H. H. Rogers will also
appear in court, as It Is announced
he has returned from Europe; though
ON
A
ho may not arrive in Chicago In time
to participate in tomorrow morning's
proceedings.
Fourteen of the sixteen persons
subpoenaed are expected to appear
In the court room. It Is from theso
witnesses that Landis hopes to obtain
the information which will guide him
In fixing the amount of tho fines to ,
be Imposed upon tho Indiana corpora
tion recently found guilty of accept-
ina concessions from the Chicago &
Alton Railroad on shipments of oil
from Whiting, Indiana. This is
what the court wants to know beforo
imposing tho maximum fine of $29,-
240,000 against tho Standard OH
Company of Indiana.
What corporation owns stock In tho
defendant company? What capital
has this holding? What are tho
earnings of the holding of tho com
pany since 1903, 1904 and 1905?
Who owns the Union Tank Line Com
pany? What payments did the Chi
cago & Alton make for the use of
tho car3 of tho Union Tank Lino Com
pany during the period covered by
tho indictments on which the oil com
pany was tried and convicted? How
many cars of oil wero shipped over all
tho lines from Whiting to St. Louis
and East St. Louis, 111.? Why was
tho rate of ten cents inserted In somo
of tho Chicago & Alton's way bills
during the time covered by the In
dictment? What course tho counsel for tho
Standard wll adopt has not been dis
closed. FIND MISSING TELLER
MAN WHO STOLE $00,000 UN
DER ARREST.
Found in Apartment House in New
Work Woman Divulges
Hiding Place.
Now York, July 5. Choster B.
Runyan, missing toller of the Wind
sor Trust Company, who disappeared
with about $90,000 of the company's
monoy several days ago, was arrested
iyjiis city. Runynn carried a sateh
elBHalning $54,410 when arrested.
A --Mrs. Cutter, in whoso homo ho
was captured, and to whom ho said
he had glvon $15,000, is also detained
by tho police.
Runyan was found in the apart
ments of Mrs. Carter at 610 Wot
Fourteen street, where he had hoc n
since he walked out of the bank Sat
urday wiht the money-laden suit caso.
Mrs. Carter reported to the polUo
that Runyan was In her flat. Ftvn
detectives accompanied her to tho
house. She furnished them with a
key to tho apartmnet and the two
detectives entered the room whilo
others remained outside
As tho dotectlves entered Runau
wag standing lu front of the chiffon
lero. Ho turned suddonly on the offi
cers with a revolver In his hand.
Tho detectives niBhed upon him and
ho dropped tho revolver calmlv sub
mitting to being handcuffed, saying,
"The jig is up."
j. Hi