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;UILItHKt:irUlL AMOOIATiO rliPOAT
UOVIftft THI MORNING FIELD ON THI LOWCFi COLUMBIA
VOLUME. LXI NO. 197
ASTORIA, OREGON, FRIDAY, JULY 27 1906
! PRICE FIVE CENTS
a sua
4
GUILTY OF
CONSPIRACY
Jury Finds Hoc and NIc
Ml w CnHtv
i nvu hi v uuiiij
IN LAND FRAUD TRIAL
Verdict Is Returned it Seventeen
Minute Past Twelve This
Morning.
CLEMENCY 15 RECOMMENDED
Jury Brlngi in Verdict of Guilty
SUy of Judgment U Gristed by
Judge Hunt for Ten
Day.
PORTLAND. Jitty 27.-Tbe jury In the
M f tin rnltJ State against Henry
W. Miller, Frank K. Klneart, Martin (i
I Inge and Charles Kidktll Indicted and
triad fur conspiracy in connection with
the land fraud trhtl In thU state re
turned it verdict tif guilty In the ttt cf
Iloge and Nl.kell lit' 12: 17 o'clock thU
(Friday) morning after having been out
lx hour. The Jury recommended tlie
defendants to the clemency of th court.
A motion to stay judgment for ten la y
pending application for n new trial wn
granted by Judge Hunt.
Klneart and Miller pleaded guilty be
fore the trial of the other defendant
commenced.
Forenoon Setaion.
Judge ODay spent all forenoon in an
effort to convince the jury that no crime
hud been committed, lie declined the
indictment una deective iu that it had
failed to charge the necessary fact, lie
dwelt nt length on the fundamental law
that no tmin can Ik placed Mote hi
peers on a charge of crime, without a
presentment ly a grand jury. This, said
the lawyer, in a count itutionnl provision
ii ml no iimn enn be charged with crime
and tried for hi liberty without such a
presentment, though all the Supreme
Judge, Circuit Judge nnd Putrid
Judge in the Union wanted to try him
without it.
Coming to the inn In point in hi argil
men, the Judge took the position that
the contract alleged in the indictment
to have been entered into betwen the
timber applicant and the bogus "Km
metsburg of New Zealand Company."
are not contractu at all, and hence no
crime could have been committed
The "company" represented by Miller,
nri ill he, was no company tit nllj it did
not exist, How then could there be a
contract entered Into between the appli
cant and the company t If there wa
no contract and no agreement could be
entered into, where had there been an
offense committed! How could perjury
have been committed where there was
nothing to commit perjury about?
JUDGMENT AGAINST DOWIE.
Court Hands Down Decision Requiring
Prophet to Pay His Debts.
SAN FRANCISCO, July 20.-Tho Cull -foriiia
Supremo Court yesterday handed
down a decision on an appeal made by
John 'Alexander Dowle from a judgment
of the Superior Court ordering him to
pay to Attorney Hugh Craig $1704.50,
with interest from 1888.. The judgment
of the lower court was affirmed.
Craig advanced money fur Dowle to
1 conduct a revival mooting at the Grand
Opera house in this city in 1888 for
which Dowle agreed to reimburse him
from the proceeds of the collection." The
proceeds did not come up to expectations
and Craig brought suit to recover the
money. j
WILL SOLVE MYSTERY,
British ' Columbia Fishery Commission
t Will Try to Find Sockeys Soul. ,
VICTORIA, July 20 (Special) -An t
(creating experiment I being undertaken
by the fishery experts who are member
of the Fishery Commission now making
Investigation in British Columbia to ert
desvor to ascertain the course of sock
eye salmon after they ner the straits
of Junn P Fuca. Trap owners both In
llrltish Columbia and Washington hv
been asked to assist. The schema Is to
place tag bearing tht letter and number,
Imitating the Irap from which th saf
mn wore taken aud tlie date. When
ever any salmon with a tag Is found In
trap, tag and particular will be given to
the fishery inspector who hope thus to
solve the mystery of the route of th
ockeyes. The other plus of the mys
tery as to where the fish go after spawn
ing I also being investigated. Present
evidence pints to the Ksmtchatka
coast.
ADVANCE REPORTS UNFOUNDED.
NEW YORK, July 2.-Advanc re
ports of the disposition of the wealth of
Russell Sage are declared unfounded
Mr. Sage announced today the will will
be (lied foe probate tomorrow when the
contents will be made public.
HEARST IS THE MAN
He Will Be Named for New York's
Governor.
ON SEPTEMBER THE ELEVENTH
Will Be Nominated For Governor in
Carnegie Hall Justice Gaynor
Will Not Oppose Hearst
For Place.
XF.W YORK. July 2fl.-Tho press to
morrow will say: William R. Hearst
ill be nominated for Governor in Car
negie Hall on Tuesday. September 11th
or on the following day. At the close of
the convention the nomination will be
tendered to Mr. Hearst at a mass meet
lug in Madison Square Garden and then
the campaign of Independence league will
be formally under way. Justice William
Gaynor will not 1 a candidate against
Hearst.
BYERLY SELLS BONDS.
NEW YORK. July 20. It was report-
ed yesterday that Samuel Byerly, the
American Express Company clerk who
obtained an award of $.1,800.01)0 Panamn
bonds from the Treasury Department,
succeeded in disposing of his award at
a god profit and there therefore his op
tion will not be forfeited on August I
It was said that Byerly had no ditll
culty in arranging the sale of hi bonds
to a house which is interested in the
disposing of Panama bonds, but what the
terms were is not known generally.
Byei'ly' profits, it is said, mav be a
high ns $20,000 or $25,000. No deposit
was required of bidders and owing to the
peculiar condition of the money market
Byerly took sharp advantage of that
fact.
ELK PRIZES ANNOUNCED.
DENVER. July 20 Further announce
ment has just been made by the commit
tee or prk?s dmi'u tlie recent Elks'
convention;
For tlie outsido, loiigC3 bringing tlie
greatest number of Indies, Salt Lake City
gets the silver. Elk, valued at $1000.
innsn City received $.'100 nnd Daven
port, la., $200
Pittsburg takes pn?c for 'the grout
t aggregate milaagp traveled reviving
tha $7."i0 gi' l brick. Tiie members of
the delegation had 11 total of 08,000 milts
to Us credit. Brooklyn'with 08,000 nijlcs
takes $300, secfud money, and Syracuse,
ith 38,000 gets the third prize, $200.
REFORM WITH
STRONG HAND
StolypinBclicvcsFIrmncss
Is Necessary.
RELIES ON PATRIOTISM
Says Innate Loyalty of Masses and
Army Will Tide Over
the Crisis.
PREMIER SCORNS PARLIAMENT
Says, Constitutional Democrats Were In
sincere and Truckled With the
Worst Element of Revolution
Platform Was False.
; ST. PETERSBURG, July 28.-Strong
handed reform is kid down by M. Stoly
pin as the keynote of hi administration
in an Interview iu which the new premier
expressed hi confidence that this policy,
with the aid of the Innate patriotism of
the mae and the army "Which in
spite of all report ia still loyal and re
liable" will tide the country over until
the convocation of the next parliament
He emphasized, as did the Controller of
the Empire Schwaneabach on Sunday.
the belief that the outlawed parliament
was neither representative nor capable
of constructive work.
He spoke with special scorn of the
leaders of the constitutional democrats,
not attempting to conceal his impres
sion that the quasi respectability of the
party was but a cover for insincerity,
and truckling with the wort element of
the revolution. They did not honestly
believe in either a general expropriation
of land or in complete amnesty. Their
advocacy of these features was merely a
campaign cry.
No Martyrdom For Parliament.
The premier stated that the members
of parliament, were not arrested for the
signing the Vlborg manifesto, because
that would merely have conferred a mild
and much desired martyrdom on them;
but he said they would lie held respon
sible for the slight attempt to preach
to their constituents seditious doctrines,
such as refusal to pay taxes or to fur
nish recruits to the aiiny. A decision
on the question of a general strike is
still hanging fire, no word having been
received from the revolutionary leaders,
who again were in secret session tonight
In ndition to other reasons, the condition
iu the famine district is advanced as
new argument against a new strike, as
the peasantry would resent the tying up
of the railroads, upon which they are dc
pendent for grain to keep them from
starvation. The ministry of railroads re
ccived words today of several attempts
to destroy railroad bridges. It is be
lieved that the radicals are resorting to
this means to force the issue.
The police are becoming more active
in breaking up meetings in the capitol.
Today a conferences of. St. Petersburg
aldermen, which was held in a private
room, was raided and the police placed
all under arrest for five hours while the
house was searched and papers examined.
News has been received here that racial
troubles have broken out at Krasnoyarsk
ictween the Russians and the natives of
Siberia. One person was killed and six
wounded in the first encounter.
SMUGGLE IN ARMS. .
LONDON, July 2(1 Danish and foreign
steamers are discharging ammunition
from the Finnish coast has been reported
here this afternoon to the Daily Tele
graph from their Copenhagen correspond
ent on information from sea captains.
LAKE STEAMER SINKS.
Steamer G. W. Elphicks Crashes Into
Breakwater Passengers Saved
CLEVELAND, O. July 2fl.-In a heavy
fog, the steamer ft. W. Elphlek. of the
(Jilehrlot lleet crashed into the new sec
tion of the Eut breakwater hist night
and sank.
Scvcnten person aboard, Including
the csptuin' wife and another woman
were saved by the life saver sod by the
tug (iivver.
The Ixwt lie a total wreck near the
foot of Kirkland street. Her bow is out
of water about 12 feet. Her stern Is
submerged. The boat left Ashtabula
early last evening loaded with coal and
bound tip the lake. She was to pick up
her tow at this port, the barge Trone,
which was not yet loaded with coal.
That explains how Captain Dawson was
running mi closely toward shore. He was
lout in the fog that settled down over
the lakes early in the evening and con
tnned all night long, making navigation
hazardous.
When the rescue tug and life savers
got to the vessel they found that the
crew and in fact all of those on board
were ground together on the forward
deck anxiously awaiting help. The
lifeboats were iu readme to use in case
it was necessaiy to make a quick get
away. WOULD SAVE CASH
Bryan Urges Economy in New
York Reception.
LETTER OF HIS PUBLISHED
Nebraskan Writes to Treasurer Troup of
Reception Committee Urging Ut
most Economy and Publicity in
Banquet Contributions.
NEW YORK, July 20.-The executive
committee in charge of the arrangements
for the reception of Bryan in Madison
Square Garden. August 30, made publi:
today, a portion of a letter written by
Bryan to Treasurer Troup of the recep
tion committe, in which Bryan asks that
subscriptions to the reception fund, be
limited to $50, and that a list of all
subscribers of $5 or over be given any
one desiring such a list. Mr. Bryan ex
presses his desire that the subscriptions
be limited to $1 and that the reception
be as economically managed as possible.
STEALING IN KALYOORLIE MINES.
Company Suffers Loss of Five Million
Dollars Yearly.
NEW YORK, July 26. A cable dis
patch to a morning paper from Sydney,
K. S. W, says:
In consequence of a circumstantial
statement that the Kalgoorlie gold mines
suffer a yearly loss of $5,000,000 worth
of gold by theft, the minister of mines
employed a detective to investigate. He
confirms the stories of enormous steal
ing, which amounts to some hundreds of
thousands of ounces, but savs the rob
beries are smaller than alleged.
110 anus that certain men who are
generally regarded as upright und honor
able, are living luxuriously, wholly on
the stealings. They recognize the actual
stealers who are mostly ollieers.
A resident magistrate confirms the de
tective.
London officials of the Kolgoorlie Com
pany say the estimate of thefts is gross
ly exaggerated. The total value of the
stolen gold does not exceed $350,000
yearly. The utmost vigilance fails to
prevent the stealing.
LOVE FOUND A WAY.
PHILADELPHIA, July 20-Grievously
disappointed because their parents did
not permit them to marry, Gustav
Kathke, aged 19 and Ella Miller, aged
18, committed suicide together sometime
Tuesday night by jumping into the
Delaware river. Tonight the bodies of
the young people clasped in each others
arms, were recovered from the river.
(
REPORT
SAD
TO BE FALSE
S. P. Official Says De
mand Not Granted.
WAGES ARE NOT RAISED
Men Voluntarily Returned to Work
At Their Old Schedule
of Wages.
COMPANY TO CONSIDER RAISE
General Superintendent Palmer of the
Southern Pacific Says There Has
Been No Trouble With the
Switchmen.
SAN FRANCISCO, July 20. The
statement given out by men claiming to
represent the striking warehouse men
in Oakland yesterday, to the effect that
the Southern Pacific Company had agreed
to the demand of the men, is declared by
officers of the railway to be entirely
false. General Superintendent W. S.
Palmer, of the Southern Pacific made
the following statement today:
"The statement that we have raised
the wages of freight handlers in Oakland
is false. The men who have been men
tioned as having settled the difficulty
with us were as a matter of fact dis
charged by the freight handlers yester
dav as a committee and another sub-
tit 11 W. This committee requested a
special conference in reply to a notice
which had been sent to the men by my
self and Superintendent Scott early yes
terday morning that we could not treat
with mean who had left our employ, but
that their positions were open for them
to return to work at the wages they had
been receiving. Because of this change
in committees, Mr. Scott was authorized
to meet them, with the result that the
men voluntarily returned to work at the
old wages. The question of overtime
was not discussed. The question of wages
will be given consideration by our com
pany's officers and a definite reply made
thereto on August 1. There was no
promise or even inference of a change in
the wage schedule."
WITHDRAWS FROM CALIFORNIA
Prussian National Insurance Company
Will Not Operate in California.
SAN FRANCISCO, July 26-The Prus
sian National Insurance Company of
Stettin, Germany, has decided to with
draw from California, at least for the
present. Notice to agents has been sent
out from the company's head office in
the United States that the suspension
is to be effective until such time as the
company incorporate a suitable earth
quake clause in all policies.
At the offices of the Prussian National,
in Oakland, it was stated that the com
pany will not withdraw until all its
losses have been adjusted. The company
does not claim to be in the dollar-for-dollar
class, but it is cheerfully settling
with such claimants as are willing to
accept 75 per cent. The company's losses
in San Francisco are estimated at
$1,250,000. .
MAY BE LOST.
EUREKA, Cal., July 20. Anxiety for
the safety of the gasoline schonoer
President Jacobson due here yesterday
from Shelter Cove, is felt. It is only a
six-hour trip. The steamer North Fork
reports sighting a schooner in distress,
but was unable to assist owing to the
danger in the great seas.
WILL PAY FEW LOSSES. (
Six Fir Insurance Companies Will Re
fns Payment.
SAN FRANCISCO, July 2fl.-The Com
mercial Union Asourance Limited of Lon
don, the Commercial Union Fire of New
York, the .Palatine Fire Limited, of Lon
don, the Norwich Union of England and
the Indemnity Fire of New York issued
a statement, the first is-ufd to policy
holders since the fit, purporting to de
fine their position is regard to payment
of their lossets which are said to aggre
gate $15,000,000. It is said that while
the companies are sitisfied. both from the
opinion of their legal adviser and the in
vestigation made by their representa
tives sent out from London for the pur
pose, they do not owe their policyholders
a dollar, they will, nevertheless, recog
nize a number of claims. The companies
recognize that there are cases in which
there I no question as to their legal
liability, and these they offer to pay in
full upon adjustment. But in all cases
in which they perceive an opportunity to
make their earthquake exemption pro
vision apply they will not pay anything.
MANY JEWS LEAVE RUSSIA.
VIENNA, July 26.-F.ight hundred
children of Jews, whose parents were)
murdered at iBalystock, leaft lowenierg
todav. en route to America. '
POSSE AFTER DIETZ
Outlaw With Family Barracaded
in House.
SOLDIER FATALLY WOUNDED
Diets Shoots Member of the Posse
Brother Is Shot In the Head
Another Battle Expected at
Any Moment.
LADYSM1TH, Wis., July 26.-A pas
senger just arrived from Sameron Dam.
reports that the sheriff and six soldiers
encountered John Dietz, the outlaw, in a
fierce battle. One soldier was shot and
it is believed fatally. One of the Diets
boys was shot in the head and drag
ged inside the Dietz house. Dietz re
mains fortified in his camp and another
battle is expected soon. Doctors have
gone to the scene. A warrant is out for
Dietz for interfering with the transpor
tation of 5,000,000 feet of logs.
Repeated efforts to serve papers on
Dietz, who declared he would, die de
fending himself, failed. Several days ago,
however, the court called for a posse,
which included six militiamen, and sent
it to the dam to serve papers on Dietz,
According to James Hedrington, who
witnessed the fight, and who arrived at
Ladysmith today, Dietz, aided by his
wife and son, opened fire when the posse
appeared, aud a lively fusillade was
maintained for some time. Dietz firing
from behind a stump. Hedrington left
the scene, helping to care for the wound
ed man before the fight had terminated,
but he believed that up that time papers
had not been served on Dietz.
CONFER ON INSURANCE.
ALBANY, N. Y, July 2G.-United
States Senator M., C. Bulkeley, Presi
dent, and Attorney Spery, of the Aetna
Life Insurance Company, and William
B. Saith, attorney for the Travelers In
surance Company of Hartford. Conn.,
confered at length here yesterday with
Superintendent Kelsey of the State Ins
surance Department and Attorney Gen
eral Mayer, regarding the interpretation
of the provisions of the insurance laws
affecting forfeign insurance companies
doing business in this state. Attorney
General Mayer, to whom inquiries were
referred by all the other parties to tha
conference, declined to say what points
were discussed, but said would render
later an official statement on the subject.
THREE KILLED IN WRECK.
NEW YORK, July 26. Three men
were killed in the yards of the Erie rail
road at Jersey City tonight when spread
rails sent a fast freight plunging down
the embankment.