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"USLICHK FULL AMOOIATID PRIt RIPOflT
UOVKRS THC MORNINQ PIILO ON THI LOWBft OOLUMBIA;l
VOLUME LX111 NO. i
ASTORIA, OREGON, WEDNESDAY, FEBRUARY 6f 1907
PRICE FIVE CENTS
PHYSICIAN
ON STAND
Noted Alienist Testifies to
Thaw's insanity.
GRILLED BY JEROME
Prosecuting Attorney Shows Long
Preparation for Insan
ity Plea.
QUESTIONS BAFFLE WITNESS
Dftnt Dftatd in Attempts to In
troduee Testimony Showing Ten
dency in Relative of Thsw,
nd Attorney Quarrtl.
NEW YORK, Feb, S, Tho task of
proving Harry K. Thaw Insane through
heredity and (uotitHl stress when ho
hot and killed Ktanford While was
taken up today by tht defense, but
when adjournment occurred U was the
general opinion tllal little progress
hud bn rnnda. Thaw's attorney en
deavored In vain to place before the
jury evidence tending. It wn said,
to prove a vein of Insanity In a col
latoral brunch of the dofundant's fam
ily, but they were blocked at every
.olnt by Dlatrlct Attornuy Jerome,
whoso objections wore uphold by Jus
tice Kltxgerald. The defense did, how-v-r,
got laforo tin- Jury tho testimony
of an expert, In hla opinion Thaw
wna Buffering from Insanity on the
night of the tragedy. Jerome attempt
ed to down tho evidence of tho iillotilHt.
Hr. (.'. W. Wiley of I'lttaburg, and for
three houra put him through a croaa
examination aa sever aa waa ever
heard ' In any court. The prosecutor
waa relentless In hi attack and before
he flnlahed, Dr. Wiley protcatlngly de
clared: "I didn't come here aa an expert. 1
came ua a witness to a fuel and 1
have been converted Into an expert
without being prepared for It."
The district attorney astonished ev
eryone by hla Intimate knowledge of
medicine, and Ita technical phraseolo-
gy, demonat rating the care with which
he had prepared hlmaclf to moet the
vorv defense which Thaw'a counsel
have entered In hla behalf. Jerome
soarchlngly Inquired Into Dr. Wiley's
record iib a physician and aa an ex
port on Insanity. He hurled volleys
of technical questions at the witness
who at times sat mule and at other
tlmcM declared ho could not answer,
or guvo evasive replies. Often he
brought upon himself a sharp warning
from Jerome to make, a reply and
not an argument. Wiley euld he pred
icated hla opinion na to Thaw'a In
sanity upon hla actions on tho night
of tho tragedy, aa described to him
In a hypothetical question put to him
by the defense, and on nn Incident
which ho witnessed In a Pittsburg
street car In 1905. Thaw, he said,
acted Irrationally on the car, coming
In suddenly, Jerking up one of the
blinds, slamming It down again and
then lifting It up again, all the while
quarreling with the conductor. Wiley
admitted to Jerome, he had never ex
amined the defendant with any rec
ognized teats of Insanity and that he
had never conversed with Thaw. Jer
ome drew an admission from tho wlt
nesa that no single act of Thaw's at
Madison Square garden was one of
Insanity, but whon considered collec
tively constituted an evidence of In
sanity. At times Wiley seemed entirely baf
fled by the questions. He hesitated
at each and before he could answer,
Jerome hod framed another question,
.0
replete with Impreaslvs oun' '
i ,s'
weal terms and appare' , ,g a
problem no lens fli" yrs . it pre
decessor. Jero, - f knowledge,
however, aoomei, .er to run dry. He
carried hla cross examination through
practically Inn entire morning session
and for an hour and twenty minute
after luncheon, Thaw's counsel sat
silent and without protest as Jerome
grilled the first witness for the defense.
Thaw himself seemed to lake little
Interest In the cross examination at
the outset, but litter begun to dike
notice and was often In 'earnest con
versation with those of his counsel who
sut neuron! him. Hefore. the close of
tho examination, however. Thaw
einod to worry. " His attorneys ap
peared pussled at first, but were, evi
dently determined to give Jerome the
widest liberty,
At the clomi of Wiley's examination,
mi attempt was made to Introduce
t.-Mtlmony lending to show a strain of
liiHunlty bus existed In certain
Itriinrhes of the Thaw family. Among
tho witnesses called was Albert Lee
Thaw, of lilchmond, Va., who said his
father and Hurry Thaw'a father were
drat cousins. The defunao stated its
purpose to draw from the witness the
fart (lint his father died In an Insane
asylum, to which Jeiome objected. He
declared that the relationship of the
witness and hla father were too far re
moved from the defendant to be com
petent. "And the law," ho added, "Is not sat
isfied that a man Is Insane merely be
cause he died an an Insane asylum. The
fact that a man dies In such an In
stitution as that conducted by Dr. Wi
ley, the eminent specialist we ha J
upon the stand today, for Instance, U
no proof he was Insane. There must
be competent testimony to the fact." j
Justice Fltxgurald upheld this view
of the matter, saying his ruling was
subject to revision If the attorneys for
the defense could cite authorities on
the subject.
(iliaaon of counsel for the defense,
promised to have authorities In court
tomorrow.
The same ruling was made In the
case of other witnesses by whom the
defense offered to prove collateral In
sanity.
!r, C. If. lllngham of Pittsburg,
Thaw's family physician, testified he
had treated Harry for Bt. Vitus dance.
Jerome drew from the physician that
Thaw was seven year old when this
treatment was given. Another at
tempt to prove collateral Insanity was
followed by an adjournment of court
until tomorrow.
Scarcely had court adjourned today
when there was a conference of Thaw's
counsel and It became known that
certain of the attorneys were not
pleaked with the day's developments.
Mr. Del mas on leaving the court room
declared flatly ho was dissatisfied with
the day's proceedings and intimated
that he was surprised that the conduct
of the defense for the day had been
given to Gleaaon rather than to him
self. iDelmas said Wiley should not
have been put on the stand today and
perhaps not at all. Delmaa said he
had expected to conduct the case and
wiim surprised that Gleason should
have done It.
Thaw'a attorneys were closeted In
Attorney AlePlko's olBce well Into the
evening, but nothing definite as to
what transpired was made public. All
McPIko would say was:
"You will have to wait until court
opens and see for yourself what goes
on."
. Ho made the same answer when
asked If Dulmas would withdraw from
the case and when asked If he (Mc
PIko) waa satisfied with the manner
in which the case had been xonducted
so far. McPlke had a short confer
ence with Thaw after court adjourned.
Later tonight a note was sent to Thaw
nuking if his lawyers had disagreed.
Thaw's reply was:
"No, there Is no truth In the report.
It Is all nonsense."
GERMANS RE-BALLOT.
BERLIN, Feb. 6. Re-ballots In
Relschtag elections occurred In fifteen
districts mostly In Savarte today. Clor
lcals gained four seats from national
liberals mainly with help of socialists.
National liberals gained two seats, one
from conservatives the other from the
Ouelphs. Returns show that In some
districts clericals and socialists were
helping each other.
IILMTIE RIVER FLOOD
BECOMES WORSE
Rises at Rate of Two Inches An Hour at Portland
and Much Damage is Done.
PUBLIC BATH HOUSE WRECKED AND BORNE AWAY
Madison Street Draw Bridge Buckles and Refuses to Work Pon
toon Collides With French Bark Fingot Lower Level
of Docks on Water Front are Flooded.
RISE ON COLUMBIA RIVER THREATENS TO BACK UP FLOOD
SHOULD FLOOD ASSUME SERIOUS PROPORTIONS UNTOLD DAM
AGE WOULD RESULT IN PORTLAND - TEMPERATURE 13
STEADILY RISING AND FALL OF RAIN CONTINUES
UNABATED IS WORST FLOOD OF YEARS.
PORTLAND. Feb. .-Creeping Into
dangerous places at the alarming rate
of almost two Inches an hour, the flood
monster of the Willamette I advanc
ing with unabatlng fury. Its present
onslaught was unexpected, Its fran
tic haste to destroy almost unprece
dented. It bosom Is writhing In
swirling eddies, with great masses of
driftwood, timber, logs and uprooted
treea wreaking havoc as they are
borne madly, relentlessly, down, down
toward the great calm sea. The
bridges seem scarcely as If they can
withstand the strain, yet their fore
men say there Is no cause for alarm.
Hundreds flock to the bridges to
watch what Is probably the most rap
Id rising flood In the memory of the
oldest Inhabitant, for during the rec
ord breaking freshet 17 years ago to
day, when the river reached the stage
of 28.7 feet, It rose but an Inch an
hour, while now It Is climbing, climb
ing without abatement, steadily, In
sidiously, menacingly, at the unheard
of rate of almost two Inches an hour.
And as the great fields of snow In
the mountains give up their torrents
of water, this maddened pace Is apt
to be Increased.
The warm, spring-like chlnook Is
adding Its destructive but gentle pow
er to the probable havoc for this wind
wipes out the snow even faster than
the heavy rains. Coupling this with
the mercury Jumping one degree an
hour, no wonder people entertain the
gravest fear for the outcome of the
freshet. So strong now la the sweep
of the current that river steamers,
oven under full head of steam, are
able to muko little headway against
It, while going down they are forced
to spin at their best clip through the
bridges for fear of being dashed
against draw-rests, caissons or abut-'
menta.
The reading of the river gauge at
the Morrison street bridge at 2:20
o'clock this afternoon was 17.2 feet.
The Willamette, according to latest re
ports received this afternoon, Is still
rising slowly at Salem, but Is report
ed to be falling gradually above that
point. It Is believed that unless there
should be a renewal of heavy rains
the river will continue to fall at low
er points during the night and tomor
row.
The present rampage of the usually
staid old Willamette is likely to go
down In history as one of the most de
structive and unexpected winter fresh
ets of the past 20 years. Nothing can
prevent Inestimable damage to prop
erty along the streams which have
been swollen by the melting snows In
the mountains and have hurled their
deluvlan bulk into the broad Willa
mette, alt within a few hours, giving
property-owners scant , warning of
danger and little opportunity to save
exposed possessions.
The river Is rising today at the rate
of.two Inches an hour.
The Madison street bride, while not
in actual danger of being weakened
beyond safe usage, "bucked up" this
morning and refused to work for a
time. Foreman James Kelly and a
gang of men worked like beavers, rip
ping out the timbers swollen by the
heavy rains, which were responsible
for the trouble with the draw. Mr.
Kelly said he feared no serious dam
age to the structure.
The Portland public baths were torn
from their moorings near the east
approach to the Madison street bridge
and went tossing down stream on the
crest of the surging stream. The two
pontoons were ripped asunder and
one became lodged near the Steel
bridge, fouling the French bark Tur
got. Acting Harbor-master Smith was
notified and secured cables and lasheA
the pontoon to the dock piling. The
other half of the bath building swept
on farther down until she swung Into
a safe berth at the O. & C. dock un
assisted. This pontoon was also
moored. The two pontoons suffered
but little damage and can be repaired
at slight expense.
Bundy's baths farther up stream
also slipped their moorings and float
ed a half-mile down stream before
they were stopped.
A houseboat belonging to Mr. Jones
of Goble, but at present unoccupied,
got away Just above the Madison
street bridge and raced down between
the Burnslde street and Steel bridges
where the tug Agnes, Captain Dalaet,
picked It up and moored It Just above
where one of the bathhouse pontoons
is lying. The house suffered badly
from collisions with driftwood and all
the furniture is practically destroyed.
. Tremendous activity marked the
business operations along the river
front from daylight this morning all
through the day. Every dock, from
Taylor street down, was filled with
more or less valuable merchandise and
at an early hour the lower docks had
to be abandoned. The Ash street and
O. R. & N. docks were first Inundated
and all freight was received at 'the
upper dock. Every available truck,
dray and express wagon that could be
Impressed Into service was drafted to
save the property on the lower decks
of the various docks. A consignment
of press paper for the Oregonian and
the Telegram valued at $15,000, lay
at the Washington street dock and
this was one of the first things saved
because of its perishable nature.
Horses and men splashed around In
the muddy water to their knees as
the floods continued to rise. The dock
owners could have used twice the
number of men they had to aid In the
work of salvage, but they were not
to be had.
The upper decks, the approaches to
the docks, the streets for blocks along
the front are barricaded with freight
of every sort, and so far as can be
learned, little is damaged. Should the
river keep up Its mad sweep and con
tinue to rise at Its present rate for
the next 24 hours heavy loss Is In
evitable. The only hope of evading
such a calamity lies In the small
chance the the force of the flood along
the tributary streams has spent It
self, and that the rise will be more
gradual In the riftxt day or so.
There Is little encouragement for
this belief, however, for gravest anx
iety Is felt regarding conditions along
the upper Columbia, where the heav
iest snow f.-l and where untold dam
age has already been done to railroad
right of way and bridges. Should the
Columbia rise to the stage where It
will back water up the Willamette
none can venture a prediction as to
what will happen. The wires are
down and no reports have been re
ceived here as to the situation.
The dangerous features of the sit
uation now are the unprecedented rise
In temperature, the promise of con
tinued rain, the rapidity with which
the river Is rising and the swiftness
of its current.
The much hoped for news that the
tributaries of the Willamette river had
ceased to rise so rapidly as yesterday
and at Eugene and Jefferson the water
is falling, was received here tonight
The fall at Jefferson Is significant, as
the Santlam has its confluence with
the Willamette near that place and
the Santlam Is the Willamette's larg
est tributary. It will be several days,
nevertheless before the crest of the
flood reaches Portland and while the
local weather bureau believes there is
water In sight sufficient to cause a
maximum rise of 21 feet by Friday,
with cooler weather In prospect for
tomorrow, It Is hoped the water will
not go higher than this stage. Save
the washout of the headgates of the
Santlam canal at Lebanon and the
approach to the steel bridge at Al
bany, reports of damage are confined
to the loss of some livestock and
fences. In Mackenzie bottom near
Eugene, the water forced many farm
ers to seek the foothills for safety.
ATTACKS BOND ISSUES.
NEW YORK, Feb.5. A suit was be
gun yesterday In the United States
Circuit Court by James Pollitz, of New
York, a bondholder In the Wabash
Railroad Company, seeking to attack
the recent Issue of $2,00,000 four per
cent gold bonds, and 16,500,000 of pre
ferred, and $16,000,0000 common stock
of that corporation. It Is alleged that
Issuances of certificates were illegal
and In contravention to the road's by
laws.
JAPANESE PRESS SILENT.
Pay Little Heed to Excitement of the
American Press.
TOKIO. Feb. 5. The press Is still
silent over the war cry In some of
the American papers. No excitement
Is apparent here today after the talk
transmitted here and Is generally Ig
nored. It Is believed that the anti-
Japanese agitation in a portion of the
American press will prove totally fu
tile because of the profound confidence
Japan reposes in Roosevelt and Amer
leans generally.
REDUCE FREE TRANSPORTATION
CHICAGO, Feb. 5. General Passen
ger Agents of the Western Passenger
Association have decided that hereaf
ter no free nor reduced'rate transpor
tation shall be given officers or mem
bers of the Young Men's Christian and
Young Women's Christian Associa
tions, Womens Christian Temperance
Union, Theological' Students, Nuns,
or Brothers of Roman Catholic Or
ders. Rating does not Include ordain
ed ministers, officers of Salvation Ar
my and Volunteers of America, Deac
conesses in garb, Secretaries of Y M.
C. A. Sisters of Charity engaged in
Charity work.
MONTANA BLIZZARD SEVERE.
HAVRE, Mont. Feb.4. Weather In
Northern Montana is more severe
than It has been for 27 years. Not
a wheel Is turning on the main line of
the Great Northern Railway No
freight train passed Havre for 48 days.
In drifts west of that point several orl
entar limited passenger trains are
stalled, to the east five more are sim
ilarly situated.
WILL NOT
E
Asylum for Feeble Minded
Not Favored.
WOULD BE EXPENSIVE
Besides Building and Site Would
Need Employes and
Doctors.
COMMITTEE WILL SO REPORT
Ways and Means Committee Will Sup
port Provision of More Money for
Insane Asylum Instead Com
pulsory Free Passes.
SALEM, Ore., Feb. 5. The Ways
and Means committee wrestled with a
big .delegation yesterday afternoon
that appeared before it supporting the
proposed new Institute for the fee
ble minded. The delegation desired
an appropriation of $165,000 for a site
and building, and assured the commit
tee that a considerable saving would
be made the state through patients
of this class being taken from the
penitentiary Insane asylum and re
form school
The committee threshed out : the
question rather carefully and discov
ered that this appropriation was only
the start, that a large corps of attend-'
ants and physicians would have to be
employed and that the needs of the
Institution would probably require
large appropriations every session in
definitely. The committee did not return a def
inite answer to the delegation, but It
will not favor the proposal. The com
mittee since its visit to the Insane asy
lum has been Impressed with the urg
ent need of more room for the pa
tients and for those who will come in
the future and probably as great an
approppriatlon will be needed for this
purpose as Is asked for the feeble
minded Institute. The committee will
support a measure providing the $150,
000 or so asked by the management of
the asylum and will turn down the re
quest for the feeble minded site and
building fund.
The Judicial committee held a short
session and decided to report favor
ably on the Freeman bill, providing for
compulsory passes for state and coun
ty officers. The measure has some un
fortunate provisions, according to the
same members who have Investigated
It, but it has some provisions that
are endorsed by the majority of the
House, and these features will prob
ably carry the bill. What is especial
ly Indorsed is that section of the
bill making It compulsory for the rail
roads of Oregon to carry state officials
free and cutting off all mileage graft.
It Is an open secret that for years the
state officials have collected on an
average of about $1,800 each for mil
eage per annum and have traveled on
passes given by the Harrlman lines,
thus adding a clear profit of $1,800 to
their salary. Present appropriation
bills In the House provide for the
same traveling expenses, but If the
Freeman law passes these traveling
appropriations will not be available to
the state officials even if the bills are
passed, for It will be illegal for any
official to collect mileage tinder the
new dispensation. ,
HOWBER-TDOYLE VICTORY.
CHICAGO, Feb. 4. Annual meeting
of Portland Gold Mining Co., held here
today resulted In complete victory, for
Howbert-Doyle faction over James F.
Burns.
BUILD
HUM