The morning Astorian. (Astoria, Or.) 1899-1930, April 11, 1907, Image 1

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UOVIR THK MOHMtNa PIILO ON TH1 LOWS COLUMBIA
VOLUME LXIil, NO. 79,
ASTORIA, OREGON, THURSDAY, APRIL It, 1907.
PRICE FIVE CENTS
UDEF GIVEN
mil
Decision Allows More Per
sonal Liberty.
Private
CONVERSATION
Allowed to Converse With Any
one He Desires Out of
,J Guards Hearing.
MAIN POINT NOT DECIDED
Legal Right Of Judg Dunn To Qlvi
Elisor Custodian Pewra Not Pasted
On Tho Supreme Court Billot
Stuffing Thrashed Out.
BAN FRANCISCO, April lO.-Inqutry
by tho Qrand Jury Into tho alleged
ballot stuffing by agnts of William It
Hearst and Into tho Telephone Fran-
chls Coruptlon and a decision by the
8uprmo Court, Increasing tho Pro
rial liberty of Abo Ruef, wro, tho
not result of today's proceedure, Into
tho bribery (raft Investigation. Re
ponslve to a letter, from Fremont
Older. Managing Editor of tho San
Francisco Itulletln, demanding an of
flclal Investigation of tho charge pub.
lUhed In that newspaper, that Eddie
Ornnry, the prise fight promoter and
ward politician had confessed to ape
clal agent Burn that he and James
Coffroth, another prise-fight promoter
and warJ politician had In Aug. U04,
caused tho primary ballot boxes to be
atuffed, at an expense of 1600, fur
nlelied by John P. Barrett and at the
beheit of Barrett, who la newi editor
of the San Francisco Examiner, At
Infant District Attorney Honey today
aummoned before the Orand Jury J. P.
Barrett, W. F. Bogard, Bualnesa Man-
ager of tho Examiner and Edward
Burke, Caahler of that paper; Jas,
Coffroth, B. E. Nathenson, a former
dance-hall manager and James
lO'Brlcn, contractor and politician. Each
of th witnesses denleJ, unequivocally
the chargea comprised In Graney's al
leged confession, or any knowledge
bearing upon them. Coffroth on the
witness stand denounced Qraney as
"craxy and malicious If he made the
statement alleged,"
The only other witness examined be
fore the Inquisitorial body was Judge
North, of Riverside Calif. He Is at
torney for the Home Telephone Co.
In the matter of Ruet's application,
the Supreme Court directed Elisor
BlgKy, to allow Ruef more porsonul
liberty, to permit him. within reason
able hours, to see and converse with
any person he may wish to see, whe
ther It bo his attorneys, his prospec
tive witnesses, his friends, members
of his family or those with whom he
has business and to pormlthlm to hold
with them private conventions, out or
earshot of his guards. The Court with,
held Hi decision as to that portion of
Ruef'i habeas corpus petition, which
denies tho legal right of the Court
(Meaning Superior Judge Dunne) to
clothe the Elisor with custodian pow
ers, so the main contention Is as yet,
undetermined.
CARNEGIE BUILDING.
The United Engineering 8ooiety Will
Dedioate Building Next Week.
NEW YORK, April 10. The United
Engineering Society has opened Its
new home for the ereotlon, of which,
Andrew Carnegie gave 1,600,000. The
formal dedication will take place next
week. .
Rlxlng IS stories high with a front-
Sllllfi: LEEWAY
age of 13S feet, the club house li an
Imposing structure overlooking Dry
ant Park, and the New York Public
Library, Th construction la of iteel,
covered wllif twenty-four Inches of
porous terra cott and the columns
are grounded with concrete.
Th idea U to bring together tho va
rious engineering soviet lea of tho Uni
ted States, where they will have a
common meeting ground, , and to pro
vide quarters for the national soci
tie q? mechanical, electrical and
mining engineers, ai well as for such
aaojrlata sot-Mies a may require
headquarter In New Tork. While
each It lo maintain Its InJIvldua)
character, all ar to unite to advance
the engineering arts and sciences.
EDITORS BIRTHDAY. ,
Jeesph Pulltser Celebrates Sixtieth
Birthday. Olvee Pinner to Staff. ..
NEW TORK. Aprl- 10.-In celebra-
Hon of his sixtieth birthday, Joseph
Pulltser, proprietor of the New Tork
World and the Ht. Louis Post Dispatch
gives dinners tonight In this city and
and In St Louis, to the exwutlve
heads of tho staff of the two paper.
In his absence be being now In the
Rlverla, Mr. Pulltser will be represen
ted by his two sons, Ralph, tho elder,
will take the place of hi father
New Tork City, and Joseph Jr will
act as host to the guests In St Louis.
Each dinner will be limited to sixty
guest, one fr each of his years.
BULLET IN BRAIN.
Walk.
A Mil to Hospital and May
Recover,
NEW YORK. April 10. With a bul
let In her train, Mabel Ouy, tho ten
year ol ddaughtar of Mr. and Mrs.
Charles OUT," Of Mlddietown. "N. T.
walked a mile to Trall Hospital for
treatment .yesterday. The girl was
wounded by a young companion she
was ploying with, by a pistol supposed
to be empty. At the hospital and un
successful effort waa made to find the
bullet Tho physician say the girl
may recover.
STREET CAR WRECK
Cable Car Struck and (Demolish
ed a Hack.
E. J. ZIMMER FATALLY HURT
Employed By Peeifie 8tates Telephone
and Telegraph Company Mrs. Wsl
lington Gregg Was Also Injured By
Being 8trwok On trj Head.
SAN FRANCISCO April 10. Emll
J. Zlmmer, of the Pacific States Tele
phone 4 Tolograph Company, was fa
tally Injured In a oolllslon between i
hark and street car early this morning,
Mrs. Wellington Gregg, wife of the
cashier of tho Crocker National Bank
who was In the hack with Zlmmer,
was unconscious for some time after
the accident and it Is feared that she
sustained Internal Injuries which may
prove fatal.
Zlmmer and hi wife had attended
the theatre together, Afterward they
took supper at a resiaurant and at 12
o'clock left In two hacks for Zimmer's
home at 2660 Green Street.,
When crossing the Washington
Street cable line on Van Ness Avenue,
car struck the hack In which Mr.
Gregg and Zlmmer were riding. The
hack was demolished and Us occu
pants thrown Into the street.
Zlmmer was badly crushed and hurt
Internally. Mrs. Gregg waa struck on
the head. Both were picked up and
rushed In an automobile to the Cen
tral Emergency Hospital.
SPANISH HEIR.
MADRID, April 10 The third week
In April is the time for the expected
accouchment of Queen Victoria.
TW CASE
TO JURY
Jury Having Hard Time
(o Agree.
DISAGREEMENT LIKELY
After Being Out Six Hours Jury
Was Orderd Locked Up
for Night
JEROME DENOUNCED THAW
Thaw Was Muoh Depressed After Jer.
ome's Attack But Under Influence Of
Wife Brightens Up Anj Expects A
Favorable Verdict
NEW YORK April lO.-Charged
with the responsibility of deciding the
fate of Harry K. Thaw, the Jury, which
since January 13rd, has been silting
In Judgement on the young slayer of
Stanford White, retired at S: IT p. m.
today, to being consideration of their
verdict Six hours later they had
failed to reach an agreement and short
ly after 11 p. m. they were locked up
for the night In the Jury room of the
JCijlmlnal Courts Building. Justice
Fltsgerald, wno had been waiting for
some word from the jury room, became
convinced at that hour, that the chan
ces of receiving a verdict, , tonight
were too remote, to warrant his re
maining up any later. Justice Fits
serald had earlier In the evening gone
to hi club and held an auto In read I -nesi
to make a quick trip to the court
house, should he be needed. His in
structions regarding the locking up of
the Jury were telephoned. '
It was a!d that when Justice Fit
gerald'a message was received at the
court-house the officer on duty there,
put the matter up to the Jurors them
selves', asking if theie was any possi
bility of a verdict within the next few
hours. !
The reply was strongly In the nega
tive. The Jury was said to be almost
hopelessly divided and nobody con
nected with the case tontghtf would
venture a hope of anything better than
a disagreement as the climax of the
long drawn out trial. "
Harry Thaw sat In the prisoners
pen, adjoining the deserted court
room, during the long hours of the
Jury' deliberations. By his side, was
his wife and his counsel, who remained
with him until all hope of a verdict
tonight was abandoned. During the
early evening all of the Thaw family
were with the , prisoner, but before ten
o'clock, they inado tl.eir way up town
to their hotel.
Thaw, who was much depressed at
the close of District Attorney Jerome's
Impassioned attack on him as a "cow
ardly, brutal, muderei, a rich illiterate
who, always hnd, hud his own way,
until he fell Into the clutches of the
law." He revived In spirits as the ev
ening wore on and tne chances of an
unfavorable verdtct keemed to him to
become more and more remote. He
was reluctant to wend hla way back,
over the dimly lighted Bridge of Sighs,
to hli cell in the Tombs, to say good
night to hla wife.
A disagreement of the Jury is a pos
sible Outcome which Thaw has not at
any time anticipated, during the pro
gress of the trial. His family and
counsel were much alarmed this af
ternoon, however, lest the Jury under
Justice Fltsgerald"! charge, might find
verdict of some les crime than
murder In tho first degree; The pris
oner, tonight did not share this gloomy
outlook and laughed and Joked to dis-
pel the serious looks on the faces' of
hi mothor and wife.
JuJge Fitzgerald I not expected at
the court-house tomorrow until 10:30
the usual court snon hour. If the
Jury should, earlier notify him of an
agreement, be might consent to come
down at an early hour, but this Is not
considered at all likely.
NEW TORK, April 10. What bid
fair to be the lust day of the long drawn
trial of Harry Thaw will begin at 11:
10 o'clock this morning at which time
District Attorney Jerome will begin
hi summing up for the people. For 2
day Mr. Jerome has been absent from
the courtroom, leaving to his assistant
Mr. Garvan, the task of making notes
of Mr. Delmas remarks while he went
over the evidence and prepared him
self for the effort he will make today.
That It will be the effort of his life
there Is but little doubt The case
h Is about to close, Is the longest ev
er tried in New York and no other tri
al In American criminal history has
attained the prominence that ha been
given to this.
Mr. Jerome will go before the Jury
In an effort to have Inflicted upon
Harry Thaw the extreme penalty of
the law. He has believed Thaw to be
Insane, but the commission legally ap
pointed by the court under the law
has held that he was legally sane and
If he I sane now, Mr. Jerome will ar
gue, he was sane when fie fired three
shots point blank Into the body or
Stanford White on' the Madison
Square Roof Garden, on the night of
June 16.
Mr. Del mas painted Harry Thaw as
the model young man who In a burst
of sane rage, believing himself to be
the agent of providence, to put out of
the world a man he believed waa a
menace to society and who, be be
lieved, bad ruined the woman who af
terward became Thaw' wife. Mr. Je
rome will contend that Thaw's act
was premeditated murder and that It
wa prompted 'by more than Jealousy.
If Mr. Jerome finishes his address
In time. Justice Fltsgerald will prob
ably charge the Jury before he ad
journs court thla afternoon and the
day's session should close with the
fate of Harry Thaw In the Jury's
hands.
FORAKER IN OHIO
Opened Presidential Campaign
at Canton.
REVIEWED WORK AS SENATOR
Issues Reviewed Investigation O
Brownsville Episode Mention A.
One Of The Anti-Roosevelt Combina
tion,
CANTON, Ohio, April 10. In the
presence of 1200 people, Senator Jo
seph B. Foraker tonight delivered an
address . defending his actions as a
public servant and declaring his wil
lingness to abide by their decision in
the future. The occasion was the an
nual banquet of the Canton Board of
Trade. Senator Foraker was on the
program for an address on "Civic
Pride," but hla speech was largely di
rected to his work as Senator and Is
regarded a being the opening of the
presidential 'campaign in Ohio.
He discussed public statements re
garding the President's attitude to
ward the Senator's speech at this time,
replied tor a mentioning him as one of
the anti-Roosevelt combination Re
viewed the Investigation of the dis
charge of the negro soldiers on ao-
count of the trouble at Brownsville,
Tex., reiterated his views regarding
recent railroad legislation, protested
against the Infringement by one branch
of the government on the rights of an.
other branch; declared that the rep
isejntatlves of the people In Con
gress are accountable only to the peo
ple and arej not "Properly subject to
any other Influence " denied the right
of anyone except hla constituent to
Olttl'Iffl
AT
Train Goes Through Under
mined Bridge.
FOUR MEN WERE KILLED
And Four Were Seriously Injured
The Latter Were Taken
to Portland.
ENGINE AND CARS JN RIVER
Passenger Coaches Stayed On Track
Latest Reports Say All Of Injured
Will Reoover Passengers Were Sha
ken Up, Bruised And Cut A Little.
LA GRANDE, April 10. Four per
sons were killed, four seriously Injur
ed and several slightly hurt, today
When the O. R. at N, ' westbound,
through passenger train was wrecked
14 miles from here early today.
The train which waa traveling about
fourteen mile an hour, struch the
bridge, which had been undermined by
the recent rains, at Cayuse. The en
gine passed orv- safely, but the bag
gage and mail cars following, sank
through and dragged engine after them
and are now in the Umatilla River.
The list of dead and Injured la a
follows: ,
Dpad: Marvyn Thompson, logger;
Mike Dunne, logger; George McPart
rldge, fireman; unknown Greek labor
er. The two loggers were riding on
the blind baggage. ' j '
Injured: Engineer Fred G. Sen tike,
leg broken, Internal Injurle; James P,
Graham, mall-clerk arm broken; L.
W. Owen, mall-clerk, hand cut and
body injured; unknown Chinaman,
face crushed and hip broken.
None of the passenger coaches left
the track but the passengers were all
hurled from their seats, several sus
taining painful hruues and cuts.
The Injured were taken to Portland
on a special train, where they arrived
this afternoon. Tonight It was stated
that all of the Injured will recover.
Passengers dragged the river for the
body of Fireman McFatridge, but were
not successful In locating It
How Engineer Schllke was Injured
is not known, though It is supposed he
leaped from the cab when the track
gave way, ana mat railing debris way
responsible for his Injuries. Two
Italian passengers were first reported
killed, but later advices were to the
effect that they were among the Blight
ly Injured. The smoker was filled
with a numbir of laborer and others
who could not get accomodations in
the day coaches, owing to the heavy
travel from the East
Officials of the line are In a quandry
as to the reason for the track being
undermined, for It has not rained dur
ing the past day or two, and no rise
In the TJmatiha waa reported by agents
alon gthe line. It rained heavily
about the first of the week, and it Is
the supposition that the water seeped
front he high land and broke through
beneath the ballast thereby causing
the roadbed to be washed out
George McFatridge, the missing fire
can mm to account, and sounded a
note of warning against Increased sur
velllance of business men- who need
"no moral regeneration."
He quoted a published report that
President Roosevelt ha drawn a dead
line for Senator Foraker' and . that
"if he attack President Roosevelt
President Roosevelt will be heard from
tn no uncertain term.
CAYUSE
man, had redded at La Grande for
three yearn, making his home at the
pattl rooming-house. He has a bro
ther, whose place of resident Is not
known, but , has no other near rela
tives. A foster mother live at Long
Beach, near Los Angeles, Cat. .;, Jam
Graham and Lewis Oren, the mall
clerk make their headquarters at La
Grande and run out of there each day.
The dead passenger wa a Greek la
borer. Among the Injured I a China
man whose back Is broken. It seem
the train waa coming down grade when
the wreck occurred and It ran Into the
washout which waa about half-a-car
length long. The engine In being
hurled from the track struch pilot first
and It now stand with the rear wheel
in the air;
The mall, baggage and express car
left the track, but only the forward
and waa smashed.
Word was brought here Immediately
after the wreck by members of the
train crew, who made the run on a
handcar. A wrecker wa Immediate
ly made up, and left at ( o'clock, re
turning from the scene at 8:45 o'clock.
bringing the Injured, ,
W. C. Sechler, Conductor Coyken-
daM and Brakemen Shull and Shackle
ford were not Injured.
Engineer Schllke states the train
waa not going to exceed 14 miles an
hour when it ran Into the washout
The train had gotten down from the
mountains and was working steam np
grade toward Cause. Suddenly he
felt the engine drop beneath him, and
his left leg was broken below the knee
and his foot crushed. He had no warn
Ing, and was given no opportunity to
reverse the engine.
The point where the washout la wa
formerly a culvert, and had been filled
In. ,
GUILTY OF REBATING.
MINNEAPOLIS, April 10. Chicago
St Paul .Minneapolis and Omaha rail,
road and H. M. Pearce, acting freight
gent tonight was found guilty of re
bating by the Jury in the Federal
Court E. B. Ober and F. C. Clifford
were adjudged not guilty.
RESCUE SONS BODY
Buried In Twenty Feet of Snow
and Ice.
HARRY KELLY, LOS ANGELES
The Father Aoeompanied By Under
taker and Ten Men Will Endeavor
To Carry Body Or Shoulders From
The Summit Of White Mountain, i,
LOS ANGELES April 10. Harry
Kelly will leave this city today head
ing a party of men bound for Inyo
County, there to make the haxardoua
attempt at recovering the body of his
son Raymond Kelly,, which has lain
for five months past In the summit of
White Mountain, buried in twenty
feet of snow and ice. Toung Kelly
lost his life on the mountain while re
turning from a prospecting trip in
the early months of last winter. At
the summit of the Inyo County range
he was overcome by the high altitude
and died from heart failure. His son's
companion, a young man named
Thompson, made herolo efforts to
save his friend, carrying him tor miles
on his back, but was finally compelled
to desert the) body and make hi way
out aa best he could. Heavier snows
made rescue Impossible. Several
weeks ago, when the snow began to
melt, Mrs. E. F. Schooley went almost
dally from her cabin three mile from
where the body lay and kept it cover
ed with fresh snow. Finally Mrs.
Schooley and her husband were able ,
to carry the body to the shady side of
the mountain where they Interred It
under ten feet of snow. Additional
(Continued on Page 8.)