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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (June 22, 1905)
ATS- j Ore 1l.ntorl.iU BoeWjr " J V AWT UBUtHf FUCL AttOOIATIO RIPORT OOVBR THE MORNINQ Fit LO ON THI LOWER COLUMBIA VOLUME LVIV. NO. 215 ASTORIA, OREGON. THURSDAY, JUNE 22, 1905. PRICE FIVE CENTS GLOOM IS CAST Seventieth Birthday of Senator Mitchell Today FACES STERN JUDGES Jury Composed of Men Who Were Once His Admirers and Applauded Utterances. TRIAL BEGINS IN EARNEST Aged Statesman Present Pitlabl Spec tad When Arraigned By Heney. Da fans Score Good Point la Objection But la Overruled By Judge. Trtlnd, June 2I.-Tbe trial rf I n I ted Stutes Senator Mitchell wim lie gun In earnest today. , Mt of the morning was devoted to the oiMiitlng ar gument of the attorney. District At turaey Francis J. Heney severely ar raianed Senator Mitchell .but the argu nient contained nothing not heretofore made public through the Indictment. Judge Bennett, of the defendant, de. Died the allegation of the Indictment netting forth Henator Mitchell's in no ear and asserting that bia only nils (take w in changing the agreement be tween bim and Judge Tanner. Senator MiUhell pretexted a most pitiable eneetacle. For the flrt time In hi long and illustrious career he faced hi peer, twelve men composing the jury who are to decide hie guilt or in nocenrei men who have, on more than -one occasion, cheered hi utterances, and who have elected and re-elected legi ltora who were the support of the agen senator. Hi predicament could not help but arouse symathy from among ihe people who crowded the court room, because hie birthday occurs to morrow when he will attain the age of seventy yeara. TIms celebration of this event will 1 Indeed lugubrious. Senator Mitchell has reached the age when moot people turn their thought from this world to tha next and prepare to meet their creator he i facing a tern tribunal and bringing every force of bis keen mind to clear his nam of the stigma of the land frauds. Shortly before the noon hour the ex amination of witnesses was begun. Fred rick A. Kriba, whom the government charges with having bribed aienntor Mitchell, was the first witness. He testified that he employed the law firm of Mitchell A Tanner to expedite three group of claim, one group of forty claims for which he had paid WW when it pnssod to a patent, a second, group of .10 claims, for which be paid $1. 00 for. having it expedited to patent, and a third group for which be also paid $1,0(10. Kribs testified on crows examination that he had no agreement about fee wuh Senator Mitchell, but had arrang ed that matter with Judge Tanner. lie also testified that he was purchasing the timber for ex-Governor Plllsbury, of 'Minnesota, connected with whom, In the timber business ,wer C. A. Smith, C. J. Johnson and other Minneapolis linn lrmen. Judge Tanner was then calk'4 to the stand. At this point the one sensational mo ment of the day occurred. Senator Thurston objected to an admission in Judge Tanner'a evidence on the ground that Tanner naa pieaa guiuy w per jury, and contended that under the fed eral statutes, a man guilty of perjury was disqualified In testifying in a Fed eral court. Ilcney opposed the view, averting that until sentenced a man who pleads guilty may withdraw his pica and demand trial, and that in effeut, until the sentence was passed, no con viction really existed. The court ruled that Tanner's tetlmony I admitted, Tanner testified a to th length of time lir was associated with Senator Mitch ilt In business an dtuld of th intro ducing of Krib to Mitchell. also Identified several checks of Krlba' payable to Mitchell k Tanner and explained the manner of handling the flrm'a account, by which he deposited half of the net proceed to tl account of Senator Mitchell, a trustee. Tanner had not concluded hi testimony when court on adjourned ptrtil tomorrow. I FIERCE BATTLE MAY BE I J RAGING I St. Petersourg, June si. Tte . Public which ha no idea of tha negotiation for an armistice oa foot, believe a graat battle ia Manchuria la now beginning and official diapatchea from both).. aide bear out tha idea that tha Japan hava commenced . . advance, though, aa yet, there.. hart bta do heavy collision. Tha Jspine, following tha checking of movement to tha west, art bow pushing forward in fore along the railroad and tho Mandarin and Mainaikai road. The Russians have re-.. duced their advanced positions with a serious resistance and ar evidently retiring to tho first line of entrenchment, which ia believed to cross tha railroad at Sipinghal. Linevitch has ev-i dently Imposed aa embargo oa press messages, Indicating that t) hoititles have entered serious phase. WAS MADE OFFER Bowen Alleges Attempt Made to Bribe Him. CAME FROM A HIGH SOURCE Ouated Former Minister to Venezuela Makei Serlou Comment la Latter S plying to Roosevelt Declares That "Loomii Scandal" Pervaded Caracal N.fV York, June 21. Herbert W. Bowen, former Minister to Venezuela, today made public a long statement in rcly to President Roosevelt's lett. dismissing him from the diplomatic ser vice, aa a result of the investigation by Secretary Taft in to the controversy between llowen and Francis D. Loom Is, first assistant secretary of state. Bowen declarea "the Venezuelan scan dal constitutes a National disgrace.' He asserts that the "Lootnia scandal" pervaded Caracas and constantly "grew worse and worse." Bowen says that shortly after he called the matter to the attention of the department of state, he received a cable offer from Washing tion for diplomatic promotion that would remove him from Caracai. "I admit," be declared, "that I re gnrded the offer as an attempt to bribe me, veiled under the offer of a higher onit ion and Inspired by Jxiomis. have no doubt that the 'course of the re cent inquiry has been sufficiently plain and I do not think Loomis is an honest man and I do not believe that hla conduct as Minister to Venezuers was honorable." PULLMAN COMPANY ! aw U MH t LA CM f I Topeka, Kan., June 21. The Board of Railroad Commissioners has decided that it has no juris 4 4 diction over the Pullman Car 4 Company so far as rate are con 4 cerned. It decided that the Pull man company is not a common 4 4 carrier and that the board has no power to regulate the various overcharges such, it is , alleged, 4 as are being made in Kuna. WAR IS RAGED Tenderloin Dance Halls Are Closed by Sheriff. FIGHT IS DETERMINED District Attorney Returns Four Indictments Against Dive Keepers. ON CHARGE OF NUISANCE Battle For Clean City Continue. Sher iff Persistent, Brother Proprietor Ob durate. Rumor That Saloon of Un der World Will Be Closed Sundays. After being forced to isue licenses to the Ator street dive keepers Tuesday night. Sheriff I.inville not only re -a rest ed tin-in upon the charge of maintaining public nuisances, but closed all of throe establiitliments, Inking possession of the Waldorf and placing a deputy in charge. The fight now remains about the same, both sides avering that they are in the right. Sheriff Unville is confident he is acting within hia prerogative and is de termined to enforce the law. There seems to be little question as to his right to do this, except among the peo ple he is fighting. A persistent rumor is to the effect if the fight continues much longer, an order will be issued ordering all saloons to remain closed from Saturday, night until Monday. Yesterday four indictments were re turned by District Attorney Allen in the circuit court, two against Charles Wise and two against John Stephenson. Both men are charged with maintaining dance balls in the city. The indictments are of the same tenor and allege the following: "The said John Stephenson and Charles Wise, willfully committed an act, which grossly disturbs the public pace and openly outrages public decen cy and is injurious to publio morals, and that they did at the time aforesaid, un lawfully and willfully and wrongfully keep and maintain a certain common, ill-governed and disorderly house for public dancing and music in said house for hia own use, lucre and gain did then and there cause and procure diver per sons as well a men and women of evil name and fame, and of dishonest conver sation to frequent and come together and the said men and women then and there to be and remain continually to gether, drinking, tippling, dancing nnd cursing and otherwise misbehaving them selves to the great damage and com mon nuisance of the public, contrary to the statutes in such cases made and provided and against the peace and dig-4 20TH CENTURY LIMITED KILLS FIVE IN WRECK Mentor, Ohio, June 21. Running at a rate of fifty miles an hour, the "20th Century Limited," on the Lake Shore Railway dashed into an open switch at a passenger station here, shortly before ten o'clock tonight. Five persons were killed and 12 or IS badly injured. The combination baggage and smok ing buffet car and the coach behind it caught fire and were destroyed. The train was east bound, having left Cleveland about 9 o'clock and a it does not atop here it was running at great speed. The engineer did not notice the open switch until the train had struck it. The engine left the rails and plowed into the ground, tearing up the track for yards. Two coaches following Jammed into the engine with great force and were crushed. Fire from the engine set them ablaze, v 1 Fortunately most of the occupants of the two coache were rescued .before i : ' nity of tha State of Oregon. The defendant appeared in court by their attorneys, F. J. Taylor, J.M.Hmith and George Noland, the state of Oregon being represented by District Attorney Harrison Allen. The defendants waived the reading of the indictment and enter ed a plea of "not guilty." Attorney Taylor stated that they de sired an early trial of the cases, as tha sheriff had unlawfully closed their places of business, without proper auth ority, and that the defendant had i right to protect their property, even against the sheriff, but being law-abiding citizens they did not desire to violate the law or to take it into their own hands, that they were running a dance hall under a license issued by order of the county court. The district attorney stated that It was not a question whether they were running a dance hall under a license, but whether they were conducting nuisance, and that the indictment was brought under section 1930 of the Laws of Oregon which provides as follows: Sc. 1930. If any person shall will fully and wrongfully commit any act which grossly injure the person or prop erty of another, or which grossly dis turbs the public peace or health, or which openly outrages the public de cency, and b injurius to public morals. such person, if no punishment is ex pressly prescrilH-d therefore by this code upon conviction thereof, shall be pun ihed by imprisonment in the county jail of not le than one month nor more than six months. Mr. Alien contended that the county bad no authority to issue a lioenee con trary to the provisions of thaty section and the sheriff had a right to arrest them for a violation of the law not withstanding the licence. Judge Mc Bride stated that the sheriff had no right to close their place of bus iness ,but he did have a "right to ar rest them as often as they violated the taw, if the law was being violated. He stated that he did not believe he bad a right to try the cases, that there were question of fact involved that should be submitted to a jury. An order was made that William Chance summon 18 juror in the circuit court Thursday morning at 9:30 o'clock to try the cases GASKELL FRAUD RESULTS IN BANK FAILURE Philadelphia, June si. Cityi Trust and Safe Deposit Company for yeara rated among the most reliable institution ia the coun try, today closed ita door and Albert L. Taber, atate bank ex aminer, waa appointed temporary receiver. Tt company will liquidate aad J. Hampton Moore, ita president will probably be appointed re ceiver. A belief ia manifest among the board of director that all depositor will be paid ia fulL This, however, must be be determined by the permanent receiver. The failure of the company la the direct issue of the forgeriea of the late Benja min H. Gaskett. the fire reached them. Among the killed is the engineer, the other dead being passengers who were in he smoking car. The fireman ia so badly hurt he will die. Lake Shore officials at once summon ed all doctor within reach. A number are coming from Cleveland. The dead and Injured taken care of were sent on a special train to Cleveland where they were placed In hospitals. Those in the rear coache were not in jured and they set about at once to rescue those pinioned in the burning cars The fire spread with great rapidity, and it was with much difficulty that the passengers in the two coaches behind the engine were pulled from the debris. Road officials have, not determined who ia to blame for the accident, but it is believed that the switch was left oien by a freight crew, whose train oc cupied the siding a short time before the limited came along. TOPIC IS ROADS Delegates Gather at Lewis and Clark Fair. ENTHUSIASM REIGNS National Good RoadsAssociation Convention Opened Auspiciously. MANY SPEAKERS HEARD Huge Auditorium at Exposition Filled to Overflowing. Many Prominent Men Present Visiting Advocates for Permanent Highways Welcomed. Portland, Or., June 22.-Tbe Fifth annual convention of the National Good Roads Association, the first of the gath erings of national importance to meet in Portland this year, at 2 o'clock this afternoon, began ita first session in Fes tival Hall at the Lewis and Clark expo sition grounds. The number of delegates waa Urge and their enthusiasm unbounded. The great hall was filled to overflowing with accredited delegates to the convention and interested spectators, among the bitter of whom, being a large sprinkling of ladies whose bright hued gowns lent beauty to the elaborate decorations of the auditorium. Promptly on the hour, President W. H. Moore, of the association, mounted the speakers platform and took his place with the important personages in the Good Roads movement, Oregon's principal officials and Portktnd'es prom inent business men surrounding him. When the opening selection of the Ad ministration band had been finished, Col. Moore formally called the organization to order. This act was hardly accomplishes when the proceedings were interrupted by the arrival of D. B. Huss, dust be grimed from travel, wno had just reach ed the Lewis and Clark grounds in an automobile after completing the much talked of trans-continental endurance run. He carried a letter from Melville E. Stone, manager ef the Associated Press, to President H. W. Goode, of the exposition, which was read amid great enthusiasm. Aa the gathering quieted again the program of the day was resumed with the delivery of the impressive invoca tion by Dr. Stephen S. Wise, Rabbi of the Temple Beth Israel, of this city. A. M. Crawford, attorney general of Oregon, in the absence of Governor Cham berlain, fittingly welcomed the visitors to Oregon, as did Col James Jackson. U. S. A. (retired) on behalf of the com mercial interests. William D. Wheelwright for the Cham ber of Commerce, of which he is presi dent, heartily welcomed the visiting dele gates and eulogized the great work to be accomplished by them. Mr. Wheel wright said: i "It ia fitting that the state, the city and the commercial bodies, should join in a welcome to the good roads convention, seeing that state, civio and commercial interests are so indissolubly bound to gether as to be identical. It ia fitting also that we should sit at the feet of these learned doctors of the road and learn; for the impression prevails very generally in sparsely settled communi ties like this, that the coming of the railroad means th passing of the of the highway. We walk or drive over the Julier Tass in Southeastern Switxerland, and are told that the road was constructed in the year 52, B. C, and we say that it is all very well for B. C.but that A. D ., and especially A. D. 1905, calls for something faster and smoother, and alas! less picturesque and beautiful than this. And although it is more with utility than with beauty that this convention has to do, I cao not but feel that the eountry is ti be congratulated on the existence of the Kational Good Roads Association, front the esthetic points of view as well, and that ita influence will be constantly and increasingly felt, in thia direction. It ia becoming that we take Ihe recep tive attitude, beginning with a sincere expression of gratefulness to these public spirited men who have come out of the distances of this great republic moved by a patriotic impulse, to direct us into new and pleasant paths, and that we apply ourselves dilligently to learn what they have come to teach. Continuing he said: "Ninety-five per cent of every load by railroad, steam ship or express must be carried in a wagon or truck over a highway; it costs the farmers of the United States nearly three times more than those of Europe to market aa equal tonnage of farm products over primary roads. Is this not a new light to you, my fellow citizens? I grant it is to me, snd I am impressed with the duty that we owe to this convention and to our community to spread this knowledge and stimulate improvement of ouf . highways to the point that our farmers shall not be at a disadvantage aa com pared with any farmers in the world. The motive of our visitors is to im prove the conditions of living and they will find in this state, I be lieve, as good an opportunity for im provement in their particular line as they will find anywhere in the country. The building of good roads is gener ally the product of a country's later civilization. Great Britain haa called herself civilized for many centuries, but the reader of all earlier English nov elsthe novel itcelf being a product of modern times the reader of Fielding, of Madame Darblay and of Oliver Goldsmith, will perceive that most of the roads of England in those daya were bogs, and will learn that, with the English aa with the Romans, scien tific roadbuilding came only aa the na tion approached the zenith of ita pros perity and enlightenment. He said in conclusion: "This is the kind of welcome that they want, to be (Continued on Pate Foot.) TELEGRAPHIC BRIEFS Today's Weather. Portland, June 21. Western Oregon and Western Washington! Thursday fair and warmer; except near Coast. Eastern Oregon; unsettled and threat ening weather, possibly , with thunder showers and cooler. Japanese Operations. New York, June 21. Three Jap anese columns are moving parallel to the coast of Northeast Korea and are apparently converging on Possiet bay, about sixty miles southwest of Vlad ivostok according to a Times dispatch from St Petersburg. A large fleet of transports has sailed from Gensan for Vladivostok. California Editors Coming. San Francisco, June 21. -Some fifty members of the California Press Asso ciation, accompanied by their families, departed tonight on an excursion to the Lewis and Clark Exposition at Portland. REPUoUCAN) WIN IN flATTrUI ... t Honolulu, June 87. A. M. w Brown, the republican nominee, was elected sheriff of Oahu coun- ty in which thia city ia included, by a vote of about 2200 to 1650 received by the home rule candi- date. A. Poepoe, and 830 receiv- ed by William Henry, the present incumbent and an independent f candidate. The closing of the campaign was the most bitter in the his - tory of local politics. Governor Carter made an ac- tive fight against Brown in fa- vor of Henry. The republicans have elected all their ticket ex- cept two supervisors and pos- sibly treasurer.