1 9 ftTttttt onon UOVIR TH1 MORNINa FIILD OH THI LOW! OOLUMM;i UILIDHE fULL AttOOIATtO Mttt RfPORT VOLUME LXIII, NO. 77. ASTORIA, OREGON, TUESDAY, APRIL 9, 1907. PRICE FIVE CENTS DtLM AS BEGINS PLEA "X No Witnesses Allowed to Testify. VfHMPT AM TVIIfrtCtVi V Delmas Not to Use Unwritten Law Evelyn Thaw's Story Founda tion ot Defense. JEROME WAS NOT IN COURT Both Side Retted Ce And Dlme Began What It IxpecUd To B Tha Matt Mtrly Pf Evr Mad To A Jury. NEW TORK, April I. Thar U a possibility that Mra. Evelyn Thaw will Rdln t called to tho witness atand In Ih trial of her husband, Hnrr Thaw for th murdor of 8tnford White. An announcement iwnued by tha de fen, In stating U line of condui t ot th run today, aald that Dr. Allan Mi-lAh Hamilton would be tha flrt wit nee called, a hi examination had not been flnUhed when th proceeding wrr pout pone J by tha application for It cnmmllon In lunacy. "It has not boon dclded by th Counsel for the defense whether Mra. Evelyn Nuablt Thaw, will be coiled to the wltnea atand." Th defense waa putting It surre tmttal testimony when th caa waa fulled and It had been reported that eounael for Thaw might posalbiy wall jroung Mr. Thaw In nn effort to re butt th teatlmony or Lawyer Abra ham Hummel regarding the famou affidavit aald to have been mad by Mra. Thaw after ah raturncd from a trip to Europe with Thaw. This affl Uavtt, It will be remembered wo In troduced Into the, record of the trial after hard fight by District Attorney Homme and recited among other alle gation that Harry K. Thaw had cru elly treated Evelyn Nesblt Thaw In Europe becaua aha refused to make ftn affidavit alleging that Stanford W'hlt had wronged her. If tho de- fenae decide; to call young Mra. Thaw, It will almost certainly be for tho pur pone of further denying that she had mtido auch an affidavit. In her direct testimony ahe practicality denied ma king the nflldavlt, saying that ahe hud unwittingly signed a cunifit for lawyer Hummel and Mr. White and that Inter when alio learned that Khe had algnod nn affidavit the went to Hummel' office, and demanded that he document bo destroyed. Thl waa done, aho testified, the document hav ing been burned. When Lawyer Hum. mol testified It appeared that a pho tographln copy of the affidavit had been made and thl wan Introduced at the trial. If Evelyn Nesblt Thaw l called It will posalbly delay tho ver Ulct for a day or two longer. According to friend of Thaw he 1" hopeful of an acquittal. If the trial turn out aa ho expect', he plana, It I aid, to vlalt the aouth of France with hi wife. The couple may stay abroad for several year. Attorney Delma, the California ad vocate, thl afternoon began the do tng addrei to th Jujy and after he ha spoken for more than two hours and a half, adjournment waa taken un til tomorrow. Delma expect' to con elude before the luncheon hour 1 reached. Dlstrlot Attorney Jerome .Ml hi rl.. U .U.ln- nJr.l. WJ. neaday and Thaw' fat aould be In the handa of the Jury by Wednesday tfvenlng. Justfc Fltigeraldl, today' HV.I...J tk. I. ...I.... ..-Ill li.-l nd of th trial. Th Judg' charge will undoubtedly b delivered limn dlately after the Dlmrlct Attorney con dude. Th latter aay hi apeech will not occupy more than thr or four hour. Declaring he will not baa hi plea on the "Unwritten law' becaua hi t Until ha ample protection in tii written ttu of th Stat of New York, Dulmoa mad a lrlklng appeal to the (ympathle ot th Jury and o fur a h prngred today th ub Joel of Thaw' Ineanlty at th tint when th crime waa committed, was not vn hinted at. Dlma baaed hi ragument, aolely upon th itory of Evelyn Thaw. With fluehed chooka, but dry eye, that young woman .heard her life hlatory repeated to men who r to Judg her huabaud and bowed bar he4 a hrk mother waa denounced in th bluer- t term and tone, th eloquent law yer could command. Delma before buglnnlng hi attack on Mr. Thaw' mother, poured out a torrent of denun ciation, upon Architect White who be come the victim of Thaw' platol. 11 aecueeJ him of th "crime of rape" and doclard that Treatment Roovlt bad mild in a meaiag to Cougroee that auch a crlm ahould be vlniied with death. Thl wa on of th sugges tions, which Tliaw himself mad to hi counsel for hi eummlng up apeech 0110 pt the auggeatlon, which played o Important a part in th proceeding bofor the lunacy commission. Del mu devoied practically all bla addr lit arguelug the evldunc of certain wltneaau. lie wilt huv many more comment to make along thl Una. be- for be come to hi plea, for th de fendant life, Th courtroom w crowded. Jus tice Fltagerald's Injunction, that ab solute quiet he maintained tu hard ly neceaaary, for there wa Interest In every utterance of the attorney. In th throng were many attorneya of note, torn of whom, had traveled many mile, to be prexent at the climax of th trial whloh for length and at tained interest ha' had no equal. ... Resignation Recalls Parallel in Withdrawl ofConkling. THE MAN AND THE SENATOR Hi Petonal Trait And HI Act Immdeiately Preoeedlng Hi Ree'd" Inn Frem Th Senate And In Th Political Campaign. WASHINGTON, D. C. Apll 8.-The resignation of Ex-Senator Spooner, of WlKcnnsln. has recalled that of others who have left tho Senate vol unlurlly, und much has been said of the seat sennatlon that waa' caused by the sudden withdrawal of tho late Senator Conkllng in May, 1881. I first met Mr. Conkllng In Washington about the clone of Johnson adinlnlHt- atlon, after the Impeachment trial had failed. Of course I had heard of him, and well know hi' great reputa tion as an orator ,and had also heard much of his vunjfy, and wa pepared to mot a man wHoaa superclllcus-ness would over power me. Imagine my delighted sunprlKo when I found a man showing no sign of condeaenxlon when talking with me--one who was actually fascinating. I at once yield ed to hi charm and became hi tfworn follower. I recall hi remark when I was Introduced to htm a being a newspaper man from Indiana, He said: "Young man, you may well be proud of your State, It Is, without dispute, the leader In both branches of th Congre, and you might say of both parties. Senator Morton is the undisputed leader In the Senata, anl hi colleague, (Mr. Hendricks) la equally the leader ot hi party, and In the House no delegation wields a greater Influence than that from In diana; and one of it members', (Col fax) Is the very prince of Speaker." (Continued on Page 8.) THE. MYERS HER CASE Lack of Funds Halt Pro ceedings. ASK FOR LIFE SENTENCE Case of Aggie Myers Who Brutal ly Murdered Her Husband Three Years Ago. GOVERNOR FOLK TO DECIDE Th Dfne Through Wnt Of Money Hav Agrd To Aooept Life lm prieonment Rather Than Continu , .C, Whioh Amount To Confession. KANSAS CITY. April 8. The final action in the caao of Mr. Aggie My ers and Frank Hnttman, under sen tence at death for the unusually cold blooded murder here on May 11, 1904. of the woman' husband, Clarence Myers, a presa man will be taken today by Governor Folk at Jefferson City. The brutality of the murder, th calm demeanor of Mr. Myes from the time of her arrest nearly three year ago. and the atrenuoua efforts, through ap peal and petition to av the woman from the gallows, ha made the case one of th mot noted In Missouri criminal history, " The woman had been divorced be fore she married Myer. After she married Myer slits fell In love with Hottman, who lived In Hlgglntvllle. Mo., he former home. They conspired to murder Myer so that they could get married, and when all arrange ments were completed ah cent Hott man money to come to Kansas City. She admitted him to th house after midnight and directeJ him to the bed room, where Myers lay asleep. Myers arose In bed, when Hottman struck him with a club made from the butt end of a billiard cue. Th men clinch ed and wrestled Into another room, whore tho woman came to Hodman's aid. Mr'. Myers hit her husband with a bed slut, ahe stabbed him with a piece of seizors as they wrestled, and as ho cried to her, "help me, help me," she ran to a bureau drawer, took out hi' ruxor, jnd slashed him nine times across tho face, hands throat, and chest. Hottmnn'a hat and shirt wefe bloodsouked. She gave him her hus band' shirt and hat and he went away. She staid alone In the house with tho body the remainder of the night and washed up blood and burned up her nightgown. At daylight she called for help and said negro bur glar had committed the crime. Hott man was caught In Walla Walla Wash., he confessed. Ho made Ao de fense In his trial for murdor and was' convicted Jan. 14, 1905. Mra. Myers took a change of venue to Clay Coun ty. Hottman was one of the chief wit nesses against her. She was convlo. ted June 11, 1906. Mrs. Myers has never confessed. She denounces Hott man as a liar, declaring she is Inno cent. Mrs. Myers Is in the County Jail at Liberty, Mo. Hottman is In jail In Kansas Clt.y He haa just recovered from knife wounda indicted recently In an attempt to commit suicide. Gov. ernor Folk had granted both of them numerous Vespltes and Mrs. Myers case is now in the supreme court for the aeoond time. The court some time ago denied her a new trial. La ter her attorney sought a writ of ha beas corpus In the District Court and when it wa denied', took another ap peal to th Supreme Court. They have I successfully prosecuted th,! appeal and her caie I at for argument on April 22. For lack of fund they are uimMe to proceed further with the caae however, and on Saturday ltu,t urged Governor Folk to commute Mr. Myer sentenc to life impriaonment naylng If he would do o they would let the appeal go by default, Mr. Myer I It year of age. Hot 1 man la 24. , ' BIQ DEAL CLOSED. On, Hundred And Fifty Acre Of Th Taylor Farm Change Handa. Yesterday morning it wa an nounced upon excellent authority that there bad been closed a deal, whereby 150 acre of the Taylor farm at Clat- op had passed to the possession of Measr: Bower, Cage anj Fields, rep resenting a wealthy syndicate of Boise City capatlllst. for the sum of nine thousand dollar. Just what the buy means, or what will be done with the property, I not known for a certainly yet, but th sup position U- that It will be finely Im proved and made Into a charming re sort, with a fine hotel and grounds and all the appenogR uxually Incident to such a venture. A road and bridge are to be built and maintained by the Taylors from Carnahan station to the property and thl ha a significant sign of ultimate resort tactic about It that fit In the matter very nicely. FISH WARDEN'S REPORT. Blaster Fiah Warden H. Q. Van Du- aen Haa Submitted Hi Report. A ipeclal to the Aatorlan from Salem where the Board of Fish Commis sioners met yesterday brought word that Frank C. Brown had been ap pointed to succeed Deputy Flsli War den Webster, who was removed. Mas ter Warden Van Dusen wa in Salem yesterday attending the Board meet ing, FIREMAN IS KILLED In Carbarn and Power-house . Blaze. t THREE TOTALLY INJURED Started From A Grounded Wir In Car Anj Spread To Paint And Var nish Room Falling Walla Injur Firmn. SAN FRANCISCO, April 8. Nickel in the slot machines and police cor ruption alleged to have resulted from their use, occupied the attention of the Grand Jury today, ' The telephone in, vestlgatton was temporarily sidetrack, ed and no other indictments were re turned. The trial of Abe Ruef for extortion was' resumed before Judge Dunne and had progressed a half hour when adjournment was taken, until tomorrow on account of the lndispo sltlon of attorney Ach of the defense, Ach filed an affidavit In support of an application for an order requiring the proprietor and editor of the San Fan- clsco Chontcle to show cause why they should not be punished for contempt In having an editorial printed de nounclng the court for the conduct of Rucf's counsel. Judge Dunne refus ed to consider the matter at this time saying it would tend to sidetrack the main Issue he determination of the guilt or Innocence of Ruef. The Supreme Court, today granted Abe Ruef an alternative writ ot habeas corpus In response to the petition filed several days ago by his attorneys, in which the indicted political boss at tacks the legality of the appointment of Elisor Blggy and the constitution ality of keeping him In a private Pri son, The Writ is returnable tomorrow and will be argued befor the Supreme Court sitting en banc F a roil Granted Alternative Writ of Habeus Corpus. JURY NEARLY COMPLETE Ruef Trial Progressed But Half Hour When Illness of Counsel Caused Adjournment POLICE GRAFT INVESTIGATED Th Alternative Writ of Habeas Cor- pu Granted Ruef Will Be Argued Bafor 8uprm Court Today 8chmiti's Friend, Before Th Jury. t SAN FRANCISCO. April 8. roe se lection of juror who will try Abra ham Ruef on the charge of extortion from the French restaurants will con tinue In Judge Dunne' court this morning. It is believed that the jury will be (elected within the next two da"""" ,It is expected that at least 8 indict ments will be returned today by the grand jury against officials of the Pa cific State' Telephone Company and the Home Telephone Company. It is said that It will take two 'day yet to complete the Inquiry into th details of the telephone deals and then the at tention ot the jury will be turned to some Independent matters that de mand Immediate Investigation, but which were postponed to allow the cleaning of the telephone branch of the business. Fred Hubert, a close companion of Mayor SchmlU, who was with . him during his European tour, will be put on the witness stand stand today, after being temporarily excused on Saturday. It Is believed HUbert knows much more about the inside graft proceedings, and that he will prove a valuable witness for the prosecution. After the remaining telephone indictments are filed in court the trolley and gas 'deals will be ta ken up. OFF FOR CHICAGO. Charles Haddix To Leave For The Windy City On Thursday Next. Charles Haddix, the well known in spector in the customs house service at this port, has just been apprised of his appointment to a post in the Reclamation service of th United States, as rato clerk, and has been sum moned to Chicago, where his billet awaits him. He will leave for the "Windy City" on tomorrow, and as soon as' possible will send for Mrs. Haddix to join htm there. ' He has taken a sixty-day leave from his present government position and if all goes well with htm in the middle west, will resign here and take up the new work, making a life study of his department and rising to the. limit. He is thoroughly equipped for the new position as he ha done half a dozen years of commendable service in the coast country here in that line, for the O. R. & N.s the A. A C. R. and if or the firm of Samuel Elmore and Com pany, being three years in the rating service in this city, where he has a host of good friends who will be only too glad to hear of his quick and gen uine success in his new field of endeavor. i GAINS DIED AT VALDEZ. Shocking New Of Th Sudden Death Of Will E. Clinton Received Her. The myriad friend of th family of Mr. Nicholas Clinton. In this city wi (hocked yesterday by th new wired down from ValJes. Alaska, ear ly in the day announcing the sudden and serious Illness of William E. Clin ton from erysipelas, followed a brief while after, by another,- announcing hi death there at I o'clock yesterday morning. Mr. Clinton has only been absent from th city sine the middle of Feb ruary last, when he returned to th north where be has had large inter-1 est for the past ten yearand th tale of his Illness and sudden demls cam as a veritable shock to kinsmen and friends alike. He was a native of this city, 41 yr. of age and thoroughly liked by all who enjoyed his friendship and acquaint ance. He wa a member of th As toria Lodge of Elks and that fraternity will see to th Immediate shipment of hi remains to this city where all th honors of the craft will be paid. He leaves, beside his his venerable mother to mourn his death, one sis ter, Miss Ham Clinton, and Messrs: J. Couch Clinton, Nicholas Clinton, J. R. Cllntonton and Dewttt Clinton, bro thers. Today will develop the , particulars of the fatal attack to which he suc cumbed and the detail of the funeral will be made known. In the meantime, the family in this city may rest In the assurance of devoted sympathy and good will of a host of friends who grieve with them in th untoward af fliction that has overtaken them. SQUIRES TO MEET JEFFRIES. HONOLULU, April 8. William Squires, heavyweight pugilist of Aus tralia Arrived here today, en route for San Francisco. In an Interview he said this is the first time he bad ev er been out of Australia. He expresse willingness to meet and his confidence willingness to meet and his confidence In hi ability to defeat Jeffries. Trainmen and Managers Sign Proposed Agreement MORE PAY AND LESS WORK Pay Of Firemen I Increased 25 Cants Per Day Of Tan Hour Firemen Al so Relieve of Trouble of Cleaning The Engine. 11. CHICAGO, April 8. The agreement between the western, roads and the Brotherhood of Locomotive Firemen and Engineers was signed to day. The pay ot firemen on all classes of engines It to be increased 25 cents per 'day of ten hours or less, on the rate of pay in effect January 1, 1907. No change Is made In computing the time and the advance will not apply to men working on the basis of 12 1-2 cents per hour. The rate of firemen in the first class yeards is to be 82.25 ifor a day of ten hours, overtime pro rata. If all yards the pay 1 $2.15. The minimum for passenger firemen on engines of less than 18 inch cylinders is 81.25 per hundred miles or less and $2.60 on en gines having 18 inch cylinders or more, an Increase of 15 cents, per day of 100 -miles or less is given to firemen on en gines carrying a rat of 82.50 or more. The fireman are to be relieved of the work of cleaning the engines. STRIKE AT BUTTE MINES. BUTTE, April 8. Bcaus 52 Elec trical workers, machinists and bllck smiths employed In the Great Falls Smelters of the Boston and Montana Company were denied a raise In pay, they walked out today. 5.000 men will be thrown out of work in Butte, to night, when the mines belonging to the Company will shut down.