The morning Astorian. (Astoria, Or.) 1899-1930, June 28, 1907, Image 1

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Judge Wood Rules With
Defense Materially Limited as to
the Exlstance of Alleged Coun
ter Conspiracy.
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
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
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.
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.
Father of Eleven Children Shot
in Quarrel.
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
OpcratorsAssert Compan
les arc Tied Up.
Postal Officials Say the Strike
Is Taking (fare of
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."
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.
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
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.
Five Year Old Child Smothered
to Death.
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.
Was Arrested on Thames
Racecourse, i
Harriman Was Ordered -Under
Arrest for Following the Rac
ing Shells in Launch.
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. ,...-'
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.
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.
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.
Premier Clemenceau Facing Se
rious Ordeal.
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.
: 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."
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.