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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (June 28, 1907)
iT" NO 146. VOLUME LXIII, ASTORIA, OREGON, FRIDAY, JUNE 28, 1907. PRICE FIVE CENTS DEFENSE IS Judge Wood Rules With State. COUNTER CONSPIRACY Defense Materially Limited as to the Exlstance of Alleged Coun ter Conspiracy. 60YCE CROSS EXAMINATION Former Federation Leader Now a Hint Owner Recalls Speech Made In 189 Every Union Should Have a Rlfls 'Club'-Bill Easterly On tba Stand. UOISE, Julie 27. Tli ruling made by JuJge Wood, today, while Ed Boyee, for year a leader of tli Western Fed eration of Labor and mm- 11 wealthy lultiv owner, of the Cofiir d'Alenes, was ' testifying In the behalf ol Haywood, ttiay materially limit th thoMiug of Ibc ilofvn a to tlx nxitWfkee of a counter eon-piracy against Haywood and lit asm-late. Attorney Haw ley, for the ttat, ob jected to a general quetloii at to the policy and practice of the Min Owners throughout the west in blacklisting union miner and In the arcument that followed, Dartow for the defense claim ad the same latitude in proving a coun ter conspiracy that tbt state enoyed in allowing ita conspiracy. Hawley contend .l that the atat had directly shown the existence of a conpircy by Or chard and by doing o had laid the foundation for aud made the connection of all of the evidence olfered on the ub ject. IU aild the defense was trying to alio a counter conspiracy by proving various Uolated liitnnec and citing gen- ml condition, uone of which were con nected with the cnS and for which, no - proper foundation had been luid. In ruj pJng. the court accepted in part the con ,' pillion of the prosecution and limited "' the proof of the defene long this line t to the events In Colorado and the 1 Cocur d'Alem-s connected with the case, a now established. Kd Itoye was the iinportnnt witness of the day and bin testimony wan chiefly devoted to the history, purpose nd work of the Western Federation.' lie denied the existence bf an Inner.clrole, or that there had ever been a con spiracy in the ' organisation to do an illegal not. The chief Importance of Noyce's cro-a-exnminatlon ,was produc 4 tbm of a speech made by him In, the , convention of the Federation held In Salt Lake, in Mim in which ho said that every union should , have a rifle club. every member a rllle, o that, the Feder ation could march 23,000 aimed men in . the rank of labor. Boyee could not ' agree with the accuracy of till, but' said the sentiment waa correct and declared with spirit that when be ajuika the - words imputed to him, he had In mind the misconduct 'of the atate troops In Colorado, the use of troops elsewhere against the Federation and the consti tutional right of all citizen to bear aim, which waa as much the light of the miner as the aristocrat. Hill Easterly, one of the moat Import ant witnesses of the rnso was called Just before adjournment and, bis testi mony will be continued tomorrow. He occupied the chair long enough to di rectly deny the statements of Orchard charging him with criminal inlwonjuot In Colorado. ',, Ho denied that he ever discussed the Vindicator- or any; other :A. plot with Orchard or that he helped isrehard on the experiments for the de- We . that blew up the" Vindicator Mine and denied that he and Orchard had dis ease '..the Vlmllc'ntor mat tor or artyi U 0 other subject with Moyor and Haywood, at the Federation headquarter In Den ttr. STEAMERS PURCHASED. Pacific Coast Steamship Company Buys Mitwr, Tsmpica and Eureka. ' SEATTLE, Wn., June 27.-Tb Pacific Steamship Company has purchased the teamhlp Meteor, Tanipico and Ku-n-ka rom the rloba Navigation Com tany, of this city. This wUl giv the mny an Increased tounaga of mora than 4.000 tuna. , . The drop In lumber rates la working a rious Injury to the ow ner, of the ships that have been engaged In this trad. Most of them are lead up. The own er state that the rates are not blgb enough to pay for the operation of their hips. MEW YORE'S ELECTRIC STORM. XBV YORK, Junt 27.-A death deal Ing slectrio storm yestertlay afternoon followed a day of sweltering beat soaked with humidity, and swept over the city and surrounding territory, killing three persona, Injuring several, causing many tires and doing conidrrabl damage. In this city proper the only places struck were two churches, The. steeples of both were torn to fragments by the lightning bolt. FIRE IN TUNNEL. NEW YORK. June 28.-Two workmen are known to be killed in a fire that started In tba air locka of the Pennsyl vania tunnel, underneath Forty-third street at 2 o'clock this morning. The fire is beyond control and many more men ma be killed. A JEALOUS LOVER Father of Eleven Children Shot in Quarrel. PORTLAND WOMAN INVOLVED Jealoua Lover Harrassed Woman Who Appealed To a Mining Broker Lat ter Tried to Stop Uia Attentions Pre cipitating the Fatal Quarrel SEATTLE, June 27. Edward 0. Kruger, a mining broker, three score ear old and father of U children, was noi ana Kiuea ny aiocii upinsKi, en gineer of the Darker Hotel, in the base ment of that boua shortly after three o'clock yesterday afternoon, following a quarrel over a Portland woman. Llpin ski was arrented a few minutes after the shooting, and is now in the city jib - ., .) ' : v ,; The woman in the case, who choosuM to be known as Mr. Violet Murselli, a Portland woman, has alo' been arrested. She 1 n lo known as Ivy Johnson, Vio let Adams and Hazel WelU. The last is believed to be her correct name. f 'Posing' as a Seattle detective, Kruger had made two attempt to intimidate llpinaki, who was in love with the woman, and' to force him to leave her alone. It wa after- Lipinskl had torn the iuuk. from the face of the would-be peace officer that the shooting took place. - Hazel Well made the acquaintance of Albert Lipinski, a young German, about 25 years of age, two'yeara ago. He fell in love with her and made several pro posal of marriage. The girl corre sponded with hlin and they exchanged picture. . ; ; Lipinxkl, on Monday telephoned Miss Well and told her that unless she call ed him up on the telephone by 0 o'olock that evening he would kill himself. She rfiahed to Kruger for advice and Kruger said he would, make a big bluff and frighten the young engineer so he would leave her alone. When Kruger called at the Hotel Bar ker be went down to the basement where Lipinskl was at work. Kruger told LI pinkl that unless he left the woman alone it would cost him $10,000. Lipinskl said he didn't believe Kruger was a detective nnd threw back his coat to nee If he bad a star. When heMouml COMPANIES RE BEHIND OpcratorsAssert Compan les arc Tied Up. STRIKE SIMMERING OUT Postal Officials Say the Strike Is Taking (fare of Itself. MESSAGES ARE NOT DELAYED President Small Says "If Telegraphing Public la Willing To Pay Telegraphic Toll On Telegrams That Are Being Mailed That la Their Affair." SAX FRANCISCO. June 27. The tele graphers' strike bears no change on the surface. It is claimed by the strikers that the We turn Union, is tied up than they were on the evening the tba strike wa called. Absolutely re liable rcorl, it is claimed from the Postal office in the Ferry building show that on June 20 there were less than 400 messages sent eastward as against the average of 2300 pep day, and 495 were received from cat as against an aver age of 3U00. President Small of the Telegrapher' Union said tonights "If the telegraphic public is willing (0 pay telegraph tolls on the telegrams that are being transported by mail, that is their affair," Afiltnt:eneral Superintendent Mil ler of the Western Union declared every thing to be satisfactory so far as the strike is concerned and there is not more than 15 minute' delay in handling imfcaages. Superintendent Storror of the Postal said: "The strike la taking care of itself. It is slowly simmering out as all other strikes do, if tbey are left alone. The number of niessagea submitted today is greater than those of yesterday and we are up with our work." ECHO OF THAW TRIAL. Similar Incident Occurs In Loving Trial In Virginia. HOUSTON, June 27The taking of evidence In the case of former Judge Ixtving charged with the murder of Theodore Estes waa concluded this afternoon. The. court, then adjourned until tomorrow. Today Judge lkrks dale denied the admissibility of evidence, questioning the truth of the stdvy Eliza beth Loving told her father and which the defense claims is the cause of in sanity, on the part, of the , Judge. This is a serious blow',' to tbi prosecution, which stated" yesterday that they would introduce testimony, to show that the tory told by the girl to her father that she waa drugged . nnd assaulted by Estes, was a fabrication. ' The defense opposed the Introduction of this testi mony on the grounds that the truth of the story told to the father was Imma terial, as Its truth or falsity had nothing to do with the question of the effect it there was none, a hot argument fol lowed aifter .which Kruger picked up a heavy file fnd struck Lipiiiski on the head with it, inflicting a bad wound. Lipinskl then rushed over to a bench and feizing a 45-caliber revolver, shot Kru ger, killing him instantly. Lipinski came near being mixed up in a shooting scrnpe in Portland over Miss Wells when she was home on a visit about two months ago, He followed her from Seattle and when he saw her joking with tlie grocer's boy in her mother's' house, reached for his pistol and threatened to slyot. produced on Judge Loving. Judge liarksdale In bis ruling cited among other authorities, the Thaw trial in New York, The rebuttal testimony offered by the prosecution, today, tend ed to show that the Judge baa never been considered unsound of mind but on the other hand ha alwaya been regarded aa sane and of superior mental parte. Expert testimony offered by the prose cution was that Loving, while doubtless greatly angered at the story of bis daughter's ruin, was not lnane. SMOKE NUISANCE. International Association For The Pre vention Of Smoke. . CHICAGO, June 27 A dispatch to the Tribune frrnn Milwaukee naysi The International Association for the pre vention of smoke opened its second an nual convention here yesterday and in debate and lecture, dealt the smoke nui sance a Dumber of heavy blows. The convention opened with President John Fair Grieve, of Detroit, In the chair. Secretary S. C. Harris, of Toronto, In bia report stated there were 62 members In the association which embraced 16 cltiet. YESTERDAY'S BASEBALL SCORES. Coast League. At Los Angeles Los Angeles 3, San Francisco 1. At San Francisco Portland 12, Oak- bind 4. Northwest League. At Butte-Buttt 5, Aberdeen 1. At Spokane Seattle 3, Spokane 11. FRISCO 4 Head GIRL BURIED ALIVE Five Year Old Child Smothered to Death. KILLED BY HER STEPFATHER Unpleasant Gossip Regarding the Birth of the Child Worried the Stepfather and Caused Him to Take Rath Steps and Murder Her. WEST CHESTER, Pa., June 27.-Only a lingering doubt and the desire of his friends to believe his protestations of innocence today prevented an attack upon Irwin Lewis, of Landenberg, who is under arrest charged with burying alive bis five-year-old stepdaughter, Mary Robbing Newlin, vhoe body was taken from a rude grave yesterday in the presence of Lewis himself and a large crowd of men and women. The discovery of the body nnd the definite determination of the autopsy that the little girl waa burled alive, her death being caused by smothering, has aroused the countryside to the greatest excitement 7' .-' r i v Mr. Lewis is in a critical conditiou at the borne of a neighbor, and every elTort is being made to keep the details from her. The child's head was wrap' ped in a rough burlap bag and a hemp cord was (fastened about the neck. The physicians say the string was not fast ened tightly and that death could not have resulted from that cause. It la the belief of Prosecutor Ma' Elree, of Chester county, that the bag waa thrown over the child's head from behind and she was thrown into the grave and buried, being unable to cry out. ' ' Lewis dug the grave several weeks ago telling the farm hands be intended to All it with refuse. The child disap peared Sunday. No mention was made of her absence until Monday. William Skelly yesterday noticed the hole had 1 been filled. He got another farm hand to help him, They had uncovered about one foot of earth when they came upon the patent leather belt of the child. Immediately they threw back the earth and informed the prosecutor. The birth of Mary has long been a cloud in Jhe Newlin family. Recently it is snid much unpleasant gossip ha been going about and it worried Lewis. HMIDN 'PINCHED' Was Arrested on Thames Racecourse, i YALE BEATS HARVARD Harriman Was Ordered -Under Arrest for Following the Rac ing Shells in Launch. INCIDENT MAY COST HIM $ 50 Railroad Magnate Refused To Leave the Course and Waa Ordered Under Ar rest By Roosevelt's Naval Aide Yale Beat Harvard By Three Seconds. NEW LONDON, Conn., June 27.-B-fore the largest crowd that ever wit-ues-ed a race on the Thames River the Yale crew this evening lowing on an average of four strokes to the minute less than the Harvard, held the big Cambridge eight even until last the last the half mile of the four-mile course. Then the Blue let out speed and won the magnificent contest by a scant boat length. Never once in the whole four niilea did the long graceful sheila cease to lap each other. Thousands of per sons crowded the observation trains and every kind of floating craft and these as well as the thousands who lined the shore nent up cheer upon cheer to their old rival as they witnessed one of the grandest races in the history of boating. Yale's time for the four miles waa 21 minutes 10 stconds; Harvard's time, 21 minute 13 seconds. The race waa accompanied by one dis agreeable incident. This was the arrest of E. H. Harriman, the railroad magnate, by Lieutenant Billard, President Roose velt's naval aidet Lieutenant Billard, who was in charge of the revenue cut ters had warned every boat owner not to follow the race. Tba big varsity struggle had scarcely been started, when Harriman in a powerful motor boat started to follow the race. Billard and Chairman Schweppe, who were aboard the regatta committee boat, the Arrow, repeatedly warned Harriman to stop his engines and get off the course, Hani' man not only paid no attention to them but took a position right alongside of the referee's boat and held it. Off the navy yard, Billard signalled for the launch and tooted the revenue cutter whistle and finally caused Harriman to look around. , j . "You are under arrest, sir," shouted Billard. j "You will give yourself up to this man, who will take you aboard the Gresham to await my orders." Then it was discovered that the man in the niotorboat was Harriman. ! Chairman Schweppe of the regatta committee was very angry and he shouted to Harriman in terms which the latter could not mistake. The millionaire levelled his forefinger at Schweppe and yelled back? "Young man, I will see you laterl Schweppe'a friends aboard the Arrow gave Harriman a gentle laugh. Harri man saw no more of the race, but was detained as any ordinary prisoner aboard the Gresham until after the race was over when Lieutenant Billard went aboard the Gretdiam and released him. but ordered his boat tied up at the navy yard. The incident may cost Harriman a fine of $500. This was the penalty im pose upon a yacht owner at last year's race for transgressing the rules govern ing the course. ,...-' ROOSEVELT PITYS MOONSHINER. WASHINGTON, June 27.-Beeause he has a wife and almost a dozen children threatened with starvation, the ten months' sentence of Imprisonment of Fate Hicks, a Tennessee moonshiner, has been commuted, to expire immedi ately. Hicka bad a small whisky still on his farm, and waa just putting it into operation when the revenue officers apprehended him. He la 50 years old. The condition of bia family appealed strongly to the President's sympathies. FALKENBURO MONUMENT. ' Elaborate Testimonial To Be Unveiled Sunday At Denver. . DENVER., Juna 27Aftr' having erected a . simple monument : over tha gravf of kee father, Mrs. Jesi Fatten- burg Fallis, daughter of the late F. FaUc enburg, bead of the Pacific jurisdiction, Woodmen of the Work!, left last night for her borne without granting permis sion to the present bead officials of tba order, to remove h body of her father to the plot of ground on which an elabo rate monument to the memory of Falk- enburg U to be unveiled next Sunday. Many distinguished visitors will partici pate in the exercises, among them J. C. Luce, of Omaha, sovereign commander of Ihe eastern branch of the W. O. W, who ill deliver the eulogy. WHEAT PASSES DOLLAR MARK. CHICAGO, June 27. In a sensational advance, caused by the covering of shorts, the price of wheat shot past tba dollar mark, December delivery selling at 103 1-2. At the same time, Septem ber option, sold at $1 even. A part of this advance waa aubeequently lost on the realizing sales. The advance took place during the last hour of trading and was the culmination of numerous re port regarding the alleged shortage of wheat in the southwest. H Premier Clemenceau Facing Se rious Ordeal. FRIENDS HOPE FOR VICTORY His Former Associates Allege He Has Deserted Them and Resorted To Methods of Repression Southern Rep resentation Also Against Him. PARIS, June 27. Premier Clemenceau. tomorrow may have to face one of the most serious ordeals of his remarkable career. All of the extreme left groups with which he has been affiliated in the past, are now on the war path, because, aa they allege, he has turned bis back on his former associates since May 1 and resorted to methods of repression. The entire representation in the rebel lious religion of the south, irrespective of party, is also against him. Almost a scorce of interpellation have been in troduced covering the general policy of the government, the employment of troops and bloodshed. ' M. Bia no, a uni fied socialist, this afternoon was dis suaded ,only' with difficulty, from de manding that Cleiuenceau's impeach ment be declared. '" The " Premier's re sourcefulness is traditional, he has been the hero of so many parliamentary bat tles,' ' that his friends say - he' will triumph again tomorrow. SCHMITZ ATTORNEYS SORE. : SAN FRANCISCO, June 27. The re fusal Way of Judge Dunne to pass im mediate sentence on Mayor Schmitt on the charge of extorting money from the French restaurants and the postponing of judgment until July 8 by request of the prosecution on a plea that the dis trict attorney's forces had not made up their minds on which of the four charges of extortion, that they wished to next, prosecute the Mayor, greatly incensed the defense who profess to see in this conspiracy between Judge Dunne and the Spreckels-Langdon- Heney powers to "Do politics." HURRICANE IN CAROLINE ISLANDS. SYDNEY, June 27. The steamer Ger manio reports a hurricane accompanied by Immense waves which swept the Caroline group recently. Many of the islands are devastated and it is esti mated that 200 natives perished.