The Coos Bay times. (Marshfield, Or.) 1906-1957, July 14, 1907, Sunday Edition, Image 1

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Menrocr ofAssociated Press.
VOL II. AMARSHFIEID, OffeCsUNDAY, JULY 14, 1907. No. 6.
ranf viiicn
IlLlutzi! t U E iw !ia Hn aJ
1 o h hli
Demented Wanderer Struck
By Train and Death Al
most Instantaneous.
.(
WAS SITTING ON THE RAILS
Trainmen Could Not
HAPP
CURVE
TlioiigHtl'ossiblo
Have Hud SuiSidal Intent
Inquest.
It 13 a sad sequel which followed
the search for the missing A. W.
Kelly, the particulars of which were
recorded In yesterday's Times.
The unfortunate man was killed
early yesterday morning by a south
bound train on the railroad between
here and the cities on the Coquille.
So far as could bo learned, it was
bolioved ho sat down on tho track
in a tired and dazed condition and
was ovortakon by tho train "before ho
realized it wa3 upon him. Tho acci
dent occurred at the trestlo bridging
Davis Slough. The victim had been
wandering about all night and had
walked into tho slough in some
place or elso fallen into it, since his
clothing was muddy and soiled.
The train struck him at 7:20, and
when the trainmen reached the place
where ho was seen, the victim was
dead. Witnesses agree that the
body was not run over by the train,
but that death was caused by tho en
gine striking him. Kelly, according
to the evidence, was sitting on the In
side rail when struck, and the road
makes a very sharp curve at this
point, making It Impossible for tho
3nglneer to see ahead. Tho first in
timation the engineer had that there
was anything wrong was upon receiv
ing a stop signal from tho head
jrakeman who was riding In tho left
fide of the cab, and hus on tho iu
fldo of the curve, where ho could
pee ahead for a short distance. He
Ilscovered Kelly's position, however,
loo late to give sufficient warning
o the engineer, as tho distance was
rery short, and tho train was run-
ling at a speed of-about 25 miles an
lour. There Is no crossing In tho
lelghborhood where tho accident
iappened, Jmd evidence developed
o fact thero are no rules for whlst-
ig at this curve. The whistle was
own at South Port, about a half
Ho from the trestle, where Kelly
is killed, and men in tho vicinity
the locality heard the blast plainly.
When tho train was brought to a
imdstlll it had traversed a distance
about ten or twelve car lengths
tor the warning was given, accord-
to tho estimate of the railroad
Bn. Tho body was placed on a
jot near tho place where It was
lund and left In charge of rear
ikeman Oscar, whilo tho train
flnued on its way. Several near-
workmen came to tho scene
Irtly and Mrs. 'Kelly and the Vic
's brother arrived soon.
)r. Mlngus, coroner for Coos
Inty," was Informed of the accident
took the launch Meteor after
body, bringing it to the Johnson
fertaklng rooms,
ho following jury was impan-
id: Captain Llghtner, Frank Don-
Ivy Condron, E. O. Hall, J. D.
Inson, B. K. Jones.
(lijah Kelly, brother, of tho de
ed, was first examined, and told
stantially tho same story about
victim's mental condition, as
published yesterday In tho
es. The victim had started for
Smith mill, whore ho had been
10 tho previous day. He held tho
lm had become confused on tho
of his disappearance and missed
road which leads to the. Smith
'ertles. Ho had left tho Blanco
1 at 1:30 on Friday, and had
seen by one or two persons, so
s learned. Tho report came in
that he had been seen six miles
(Continued on page C.)
fcSee Hira
In Time Ttoplvy
WW W W
-i-
1 'hat Man May
REPORT ANGERS HARRIMAN
RAILROAD MAGNATE TERMS IT
niirt i'iik i
IJ1 L IV i
Will IimMijuilc l(j-ully ,,( Mnkcl
Implicit Statement In
Correct
Now
York, July
f Ju
13
-Iai rlman
fspenklnr? by telephone
f
m Arden
tonight Viysn,. thai'
omwhnt he Is
told the eh(irt V
political docu-
meiit and
it-oi-rnersonal miraui
of himself;
.no tnno or the renjfft,
ho says, iliid method of prgtfnilga-
that.
e, lie says, !uo court or
udlcial body samllng cople3 of
decisions aoffund secretly to
ncwspaperjudrfishers In advance un
der tho pledgo to publish it simul
taneously Sunday morning. That is
what tho Commission did."
Hnrrlnian says their opinion was
put In type several days ago and sent
to newspapers throughout the coun
try with the following printed In
bold typo at tho lmad: "Confidential.
To all newspapers. This report Is
released tor publication on Sunday
morning, July 14, 1907, and not be
fore." Harriman says, "It is deemed good
politics to attack me. But I can
stand my part better than the peo
ple of the country can stand that
sort of preference on tho part of tho
government tribunal charged with
tho duty of impartially administering
the laws."
Ho says ho will examine the docu
ment carefully an have something
to say about it later. He says from
what he Is told It Is full of strange
mIs3tatemout3 of fact. He cites as
an illustration a statement in refer
ence to the Alton deal, that he
caused $12,000,000 to be credited
to construction expenditures In or
der to find an excuse for borrowing
money to pay the dividends.
"As a matter of fact," Harriman
says, "that was a written recommen
dation of President Felton's, made
while Harriman was in Alaska, and
adopted at the meeting of the board
of directors at which ho was not
presont."
Harriman takes exception to tho
statoment contained in tho report
that by a certain method of account
ing that was carried out, the pay
ment of tho special dividend was cov
erede up, thereby Intimating some
wrongful Intont. Harriman says this
Is a most extraordinary statoment for
a writer of a roport to make, when
it is considered that stockholders
necessarily knew of tho dividend of
which every ono received his share
and which was published In every
financial Journal at the time and was
reported to the stock exchange.
"I am Informed," ho says, "by
those who have examined It more
carefully, that the articlo is full of
errors as glaring and Inexcusable as
these, but I shall read It carefully
and make a full statement about it,
particularly my connection with tho
Chicago & Alton readjustment, In a
fow days."
$f$$ll$l$$$'f'$,l,J$
WEATHER FORECAST.
Western Oregon, fair, south;
showers, north portion. West
ern Washington, showers.
Eastern Oregon, eastern
Washington, Idaho, showers
and thunder storms.
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1
State LrRebuttal Offers Evi
dence That Shatters the
Defense's Case.
WITNESSES ARE PERJURERS
Developments Bring To Light
Foul Play,
DR, I, L McGEE ARRESTED
Resident of Wnllace, Idaho, Swore
Falsely to Discredit Orch
ard's Story.
Boise, July 13. Sensation fol
lowed sensation quickly in the Hay
wood trial today when the State com
menced rebuttal ovldenco. One wit
ness on the stand confessed to the
participation in a labor riot result
ing in tho death of two men, and a
rocord of tho conviction for murder
In tho second degree of a witness
for the defense was introduced and
proof of another having been sent
to the Insane asylum upon the In
formaticm of his neighbors was of
fered, sits admissibility was argued
and the decision of the court will be
mado Monday. Finally, shortly af
ter court adjourned for the day, in
formation was sworn to and a war
rant for perjury issued In the magis
trate's court against Dr. I. L. McGee,
physician of Wallace, Idaho, who was
one of the witnesses for the defense
Jn discrediting Orchard.
Sheriff Hodgln, of Ada county, tele
graphed authorities at McGee's home
to make the arrest.
William Dewey, a 'witness in re
buttal for the state, confessed to act
ive armed participation In tho de
struction of Bunker Hill and Sulli
van, tho concentrator at Wardner.
Orchard swore William F. Davis,
known as "Big Bill" Davis, led the
mob. Davis himself swore to having
been elsewhere, and positively denied
any connection with the crime.
Dewey swore not only that Davis did
accompany tho mob, but that jho
served out guns, rifles and ammuni
tion to the union men before they
went to Wardner. .With downcast
eyes and fingers nervously picking at
the braiding around the rim of his
gray sombrero, Dewey told it all.
Repeatedly he was requested to raise
his voice, and complied only to sink
back into almost an Inaudible tone.
Under tho provocation of the sneer
ing cross-examination by Richardson,
he rallied and even became combative
but throughout the recital gave evi
dence of certain remorse. McGee,
against whom the warrant for per
jury was Issued today, swore Orchard
was in Wallace In July and August,
1904.
At this time Orchard says he was
in Denver planning tho Bradley
murder. One of the witnesses today
swore Orchard was at his hotel In
Donver In July or August, 1904.
McGco also was one of the witnesses
who sworo Orchard was at Mullan
tho day of tho explosion of the Bun
ker Hill and Sullivan concentrator.
LANGLE PLEADS GUILTY i.
r
1.VDICTI1) CARMAN MAKES A
DECIDED STAND.
Ts Charged With I'aiticlpatliiK I"
Murderous Attack On Sticct
Car Men.
San Francisco, July 13. The nine
men Indicted by the grand jury for
conspiracy and violence Incident to
the street car strike, were called to
the bar of Justice yesterday In Judge
Cook's court. These men were Bar
noy Olsen, John W. Hayes and
Charles Langle, accused of assault
with a deadly weapon for having
mado a murderous attack upon the
crew of a street car near tho Chutes
on the night of Juno 29th, and John
Mltzen, Rudolph Schmidt, George
Peterson, J. C. Kyle, J. H. Burns and
J. Murray McDonald, charged with
misdemeanor conspiracy, it being al
leged that they conspired to attack
a ledglug-house at which two non
union carmen were believed to be
living.
To the surprise of those in the
court-room Langle, when his name
was called, pleaded guilty. He will
be sentenced today. Burns did not
appear in court, and a bench war
rant for his arrest was issued by
Judge Cook, with bonds fixed at
$2000.
Tho other men were arraigned on
the indictments found against them
and will enter their pleas today.
WOULD SELLTOUNCLESAM
SCHWAB THINKS GOVERNMENT
SHOULD BUY.
Says Private Capital Cannot Build
War Ships With Any Profit
Union Iron AVorks for Sale.
New York, July 13. Charles M.
Schwab In an Interview today stated
Jitat in the event of war the United.
States could build and equip battle
ships much faster than Japan and
more speedily than any other nation
In the world, England and Germany
not excepted.
He spoke of the determination of
the Bethlehem Steel Corporation- to
go out of the business of building
war ships, and concerning the cor
poration's San Francisco plant, he
said: "Tho shipbuilding plant of
the Union Iron Works Is for sale.
It ought to be bought by the gov
ernment. Already offers have been
received for tho property from a
railroad, which would use the site
as a terminal.
"Since private capital cannot build
war ships with any profit, here Is an
excellent opportunity for the gov
ernment to purchase the greatest
shipbuilding plant on the Pacific
coast, and the "only ono adequate for
attending to the repairs and refitting
of a great fleet. The government
will need such a plant."
Schwab said the government could
have tho property for a reasonable
price, his corporation not asking any
profit.
KILLS WIFE AND HIMSELF.
Lebanon, Mo., July 13. It was
learned here tonight that A. S. Scrib
ner, of Adams county, Mo., killed his
wife and himself in a hotel at Buf
falo, Mo., near here last night. Scrlb
ner announced to his wife and eight-year-old
daughter that ho intended
killing them. He shot his wife twice,
then turned the revolver on himself,
sparing the child.
$$ $$$l$,$lf$$$l$ '$
SPECIAL TO THE TIMES.
Portland, July 12. South
ern Oregon land cases: All
papers and ovldenco were to
day submitted to B. D. Town
send, representing the Depart
ment of Justice for all Oregon
in the land graft cases!
Ten witnesses in rebuttal were ex
amined today and most of them were
called to prove statements as to Or
chard's movements in North Idaho
and as to the disposal of his inter
est in the Hercules mine. One of tho
most interesting was August Paulsen
at ono time Orchard's partner In
Hercules. Orchard Bwore ho plan
ned to kidnap Paulsen's children and
hold them for a ransom of $30,000.
Paulsen was called to show that Or.
chard disposed df his interest in tho
mine sometime beforo ho left tho
state. Paulson will be recalled later.
j Counsel for tho state expect to finish
; the rebuttal by Tuesday or Wednes
day at latest.
l$!Hr 8V8fi3 IP
jMiiiu: ruDUii
i
Interstate Commerce Commis
sion Gives Light on Har
riman's Methods.
HOW HE MERGED STOCKS
Shows Evil Resulting From
Such Control.
CITE SPECIFIC EXAMPLES
Believed That tho Regulation Will
Make Railroad Securities
More Secure.
Washington, July 13. A report
was made public today by the Inter
state Commerce Commission of its
inquiry into the railroad operations
of E. H. Harriman, and 'operations
of the so-called Harriman lines of
railways, which has been in pro
gress several months. The report
which was written by Commissioner
Lane is the unanimous expression of
the Commission. The report has
been transmitted to the president
and the attorney general and it is
believed it will determine whether
proceedings will be instituted against
Harriman or the corporations In
volved In the Inquiry.
No recommendations are made by
the Commission aa!Bto",whdthier the"
prosecutions be instituted as a result
of the Inquiry. The report enters
fully into tho discussion of Harri
man's policy in obtaining and main
taining control of various lines of
railway in the Harriman system and
presents a falily complete history of
tho operations of various lines. Ex
cepts from the verbatim testimony
of Harriman are given to show as
stated in the report, "That" it is only
the law which prevents tho concen
tration in Harriman's hands of ev
ery railroad line lying between Can
ade and Mexico."
It is the frank admission Harri
man himself made at the hearing.
"To gather under one head all the
existing transcontinental lines or as
many as possible," and to exclude
the Incoming of all competition, be
came manifestly the Harriman policy
which was inaugurated in 1901. By
the Issuance of $100,000,000 of con
vertible bonds by the Union Pacific,
Harrlman'-s eventual control of many
of the competing transcontinental
lines was prevented; this was point
ed out by the Supreme Court's de
cision in tho Northern Securities
case. The report is more general
than specific in terms, and applica
tion, and says tho function of rail
way corporations should bo confined
to tho furnishing of transportation,
and that railways should not be per
mitted to Invest generally in securi
ties of other railway and steamship
companies except connecting lines
for the purpose of forming through
routes of transportation, including
branches and feeders. J
Its surplus funds, says tho report,
should bo used for tho betterment of
its lines and extensions. In conclu
sion the roport says: "Combination
between railways as well as other
industries isc the established policy
of the nation, and while tho acquisi
tion of a Bmall minority stock of tho
competing linos might not decrease
competition, yet the acquisition of
any considerable amount of str
,ck
with the representation on thf '
board
nf illrAptnrR nf snoh rnllv
. , . i.. -- . 'y unques
tionab ly has the effec Qf dlmlnish,
competition and ',eBsen,ng ,ta off .
lvenoss. The tlmo has come wh(m ft
reasonable reBuintion should bo im
posed upon the issuance of securi
ties l)y tho railroads engaged in in
terstate commerce. In the opinion
of tho Commission tho regulation will
tend to make tho securities safer and
more secure ifor investments, and
therefore benefit not only the rail
roads, but the public.
LEAVES BROTHER IN OAKLAND.
at, Louis, Mo., July 13, Erc
Johnson, a cancer auffeier, today shot
himself in a park. He requested
that his brother, Knuto Johnson, of
175 Chestnut street, Oakland, Cal.,
be notified.
ORCHARD IS TRUTHFUL
NOTED PSYCHOLOGIST MAKES
CLOSE EXAMINATION.
Says Confessed Murder, and Crim
inal Has Complex and Varied
Mentality.
Tho New York World publishes a
special from Boston in which Profes
sor Hugo Muensterberg, tho famous
Harvard psychologist, who studied,.
Harry Orchard here, makes tho fol
lowing report in an Interview:
"Orchard's confession is, every
word of it, true. I went to Boise for
tho special purpose of studying Or
chard, and every facility for investi
gation was given to mo by both sides.
I attended tho court sessions day af
ter day, and heard tho evidence. I
also visited the penitentiary and
made a psychological examination o
Orchard lasting eight hours. " This
examination included a number of
psychological tests. I also went into
tho opinions and general makeup o
the man. But it Is impossible to
sketch tho results iu any popular way
without giving tho psychological data
on which my conclusions rest. It is
my intention to prepare an account
of my investigation for ono of tho
psychological reviews an account of
interest to psychologists. .
"My interest in the Haywood trial,
I ought to explain, Is partly due to
tho interest I take in the bearing of
psychology on law, with especial ref
erence to such questions as those of
moral responsibility.
"I was very much Impressed with
tho dignity that characterized tho
whole of the court proceedings. Tho
attitude of the judge and prosecuting
officers the entire court proceed
ings, In fact Impressed the most fa
vorably; and while I say that-ljc-gard
every word of Orchard's conf es--r ar
sion as true, I must also say, from
personal observation, that Haywood
Is having an absolutely fair trial.
"Orchard is a remarkable crim
inal, mentally. He is tho most ex
traordinary criminal I have ever ex
amined, and I do not mean because
of the record of assassination to
which he confessed. Ho is complex.
In some respects he is very emo
tional and extremely sensitive to
suggestions, while, when approach
ed from other directions, there is an
apparent absence of sentiment or
feeling. Ho is a man of some con
fidence in himself, at times, and yet
timid under other circumstances.
"Orchard has a very alert mind;
he is singularly keen. My measure
ments as well as my oral examina
tion of him, show that his mind Is
not only active and accurate, but ho
has a very quick perception; he an
ticipates. In fact, for mental alert
ness, few Harvard students would
measure up to him. That feature of
his case impressed mo more than
every other.
"I have been impressed by the
fairness with which tho trial is be
ing conducted and I have been
agreeably surprised by tho temper
of the people thero. No ono I have
met wishes a conviction unless the
evidence warrants it, vend the attor
neys for the prosecution impress me
as very earnest in their desire that
tho verdict shall be a just one."
WILL LET PEOPLE SELECT
NO CANDIDATE OFFERED
BY
FRISCO REPUBLICANS.
Several State Plums Aro ", ,.,.- m-
Be Plucked G' - "
. jvernor Mny
San Fran- ''P?1"' T4 .,...,
Republic ,sco' July 13, Both thQ "
.-an and Democratic county
.jiittoesc having issued calls for
tnoir local conventions, It is expected
that thero will bo great activity?
among the partisans in tho districts i
from now on.
The Republicans will organize'-
clubs in tho various Assembly" AlBn
tricts, and an attempt will bo mado,
whore there Is more than ono club
in a district, to unite them In a sin
gle Republican organization, to bo
known as tho "Regular Ronul.lin.in
Club" of the district, which said club
shall represent, and bo indorsed by.
tho County Committee This recog
nized club shall name the delegates
to the nominating convontlon.
The leaders of tho local Repub
lican party say that they aro abso
lutely without candidates for Mayor,
or any other local ofllco. According
to tho party representatives, it rests
with tho Republicans of San Fran
cisco to seloct tho candidatoa thnv
r
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p.
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