The morning Astorian. (Astoria, Or.) 1899-1930, January 04, 1908, Image 1

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    V
PUBLISHES FULL ASSOCIATED PRESS REPORT
COVERS THE MORNING FIELD ON THE LOWER COLUMBIA '
VOLUME LXIII. NO. 280
ASTORIA, OREGON. SATURDAY JANUARY 4, 1908J
PRICE FIVE CENTS
VON HOLM
VNDICATED
I
Honor of Count Is Untarnished.
EDITOR IS SENTENCED
Harden Will Have to Serve Sent
ence of Four Months
Imprisonment
MUST PAY COSTS OF TRIAL
First Hearing of the Cm Wu Brought
tt Abrupt End by Judge Who Declared
Evidence Was Startling and Would
Injure Germany's Social Condition.
BERLIN, Jan. 3. The notorious
IlardenVon Moltke libel trial came tu
an end thie evening wiien the accused
editor was sentenced to four month'
Imprisonment nuil to pay the entire
costs of bath tbt premnt and furmer
trial. The President poke directly at
he priwmcr niiil taid in epite of the
prisoner' ertiini, that the inninua
tioni contained in the Die Zukunft re
ferred merely to the scciitillc and ar
ticle doing of Count Von Moltke anj
Prince Philip Zu Eulenburg, and tlint
they lnul nothing to do with imiiwral
and unnatural practice, it waa evident
I? till waa the meaning they intended
to convey the article were enclcn
and purposclo. There waa no doubt
the 1'resldimt declared that llnnlen had
meant that Von Moltke was possessed
of unnatural Inclinations.
'Count Von Miltke," aald the court,
"Leave this court with hi name and
honor unUmiahed and nothing has
been proved against Prince Philip Zu
Eulenburg."
In the lint hearing in which Harden
Was called upon by the Kaiser to prove
his charge the proceedings wore
Jirought to an abrupt end by the pre-
tiding judge, who declared that the efl
jdeneo was of such a startling nature
. that more of It would Injure Germany's
social condition.
Harden received many congratulations
upon the courage ho displayed in daring
to attack the ofllclals who are so close
to the kaiser. A the attack was direct
ed almost exclusively toward Von
Moltke, the latter Immediately filed
suit for libel, declaring that he wanted
to be vindicated. Tho verdict returned
today Is the result of this trial.
HELD AS SUSPECT.
Woman Found in Pond Identified by
Husband.
NEWARK, N. J.. Jon. 3,-Followlng a
searching examination. Theodore S.
Whltmoro was held by the New Jorscy
police tonight, as suspected of the death
of his wife "Una" Whltmore, 'who was
murdered on Christmas Day and her
body was thrown into a pond near Har
rison. Whltmore identified his wife's
body, The nature of his testimony was
such that the police decided to hold
him.
TOBACCO MEN CLASH.
Growers of Kentucky and Tennessee
Against Combine.
LOUISVILLE, Jan. S.-Although all
is apparently quiet tonight In the war
between the tobacco growers of Ken
tucky and Tennessee against trie Amen-
m l - - Al. .1 1
an JOoaceo company me aeveiopmunts
of todav have (riven great uneasiness.
The town of Russellville, which was
raided by night riders early today was
iuict tonight. Troops will not Be asked
fur unless them are signs of further
serious trouble. Following an unsuc
cessful attempt to eell 01,000 hogshead
of tobawo to the American Tobaooo
Company, the Hurley Tobacco ftocicty
ltH'd a statement which concludes,
"The attitude taken by the buyers to
Jay diiiontrate conclusively that the
American ToImmco Co. Is the only buyer
left for our tobacco and that It has de
clared It will fix It own price." The
failure of today's negotiations may in
crease the friction in the tobacco dls
trlcts.'
BODY THROWN INTO SOUND.
SEATTLE. Jan. 3,-Th body of a
man supiod to be James Smith, the
father of SUtor M. Lutgsrde, of SU
Joseph's deaf rauU home, at Oakland
Cat., waa taken from the Sound today.
It is evident he 'was murdered as his
arm were tied and another thing
around hi neck Indicate that a rock
had been fastened to the body when
thrown in ths water.
MOVING PICTURE LECTURES.
.VICW YORK, Jan. 3.-1 n a decision
handed down yenterdsy Mgltrate
Wahl hold that public lectures lllus
t rated by moving pictures and steiop
(Iron views may be given on Sunday
without violating the city ordinance and
pennl code regulating Sunday amuse
ment.
NELSON-SCAIER
IAS ANGELES, Jan. 3.-liattling
Nelson and Kid Scaler have been match
ed by Manager McCarey of the Pacific
Athletic Club to fight here January 14.
in a 10 round go for a share of the gate
receipt.
RICH CARGO. ,
HAS' FlUVClStX), Jan. 3,-The Jap
ance liner N'ipKn Maru arrived here
at an early hour this morning. She
ha only 10 cabin panger on board
but Carrie a rich cargo of Oriental pit
ducts.
CASE GOES TO JURY
Pettibone's Fate Rests With
Talesmen.
DEFENSE DECLINES TO ARGUE
Mawley Dared Pettibone's Lawyers to
Speak in Hia Behalf Accused Man
Had to be Carried Into Court Jury
Begin Deliberations.
BOISE, Jan. 3,-The jury in the case
of Pcttibone, charged with conspiracy
in the murder of Sleiinenberg, begun Its
deliberations at 8:50 tonight. The last
Jay of the trial was occupied by the ar
gument of James ) I, Hawley for tho
prosecution, and ' the instrcutions of
Hie court. The defence carried out its
announced Intention not to argue the
oiw, thus preventing Senator Borah
from addressing tho jury.' Hawley In
bis argument fairly dared tho lawyers
for IVttibono to speak In his behalf.
It was necessary to carry Pettlbone Into
court tonight. Ha is a very sick man.
Juror Stnhl was ill this afternoon and
no session was hold but he felt so mnch
letter Mils evening that the trial pro
ceeded tonight.
DENTISTS' CONVENTION.
NEW ORLEANS, Jan. 3. The Ameri
can Institute of Dental Pedagogy clos
ed Its 15th annual convention here yes
terday by selecting St. Louis as the
next place of meeting. The following
officers were elected) , President, Dr.
W. L. Wllmot, Toronto vice-president,
Dr, Ed. Eillyear, Brooklyn) secretary
treasurer, Dr. E. B. LUher, St. Louis
TREASURER
CENSURED
School Funds Were Mis
appropriated. OFFICIALS ARE CHARGED
Receiver to Bring Action Against
the State for the
Securities.
TROOPS LEAVE GOLDFIELD.
GOIJDFIEUD, Nev., Jan. 3. Seven
companies of United States troops left
here todav for their respective Califor
nia posts. To companies will remain in
amp.
WANT FULL RESTITUTION MADE
Documnts Filed by Attorney Bristol
Charging Officials of Defunct Title
Guarantee & Trust Co. With Willful
Misappropriation of School Funds.
PORTLAND, Jan. 3. In a document
comprising 25 typewritten pages, filed
in the United States Circuit Court this
muniiug by V. C. Bristol, special at
torney for tho state and solicitor for
Hi American Surety Company of New
York in the insolvency proceeding of
the Title Guarantee & Trust Company,
willful misappropriation of general and
school funds ofthe state by the ollicials
of tho defunct bank is charged. State
Treasurer George A. Steel by implica
tion is severely censured.
It is alleged in this legal paper that
even for six months prior to the time it
applied to tho state for the right to act
as a depoxitory, money from the gen
eral and chool funds was received,
loaned and otherwise diverted in flag
rant violation of provisions of the con
stitution end the codes.
In the endeavor to trace those funds
tho oourt is petitioned to order Receiver
Edward C. Mears to make an investi
gation permitting him to file a full
statement of all institutions in which
the Title Guarantee & Trust Company
deposited funds received by it, Includ
ing tho Ladd i Tilton Dank and Seattle
and New York banks, with dates and
amounts, so that the full extent of the
illegalities charged may lie determined
and the state enabled to conduct its
contest lor restitution more intelli
gently. The paper is labeled "Representations
and Showing of the .State of Oregon,"
and was filed in response to the petition
of Attorney Joseph Simon, representing
the receiver, made December 23, that an
order be issued allowing the immediate
payment of trust funds aggregating
$34,000, Previous to placing the docu
ment with the clerk as a matter of
record, Mr. Bristol combatted in open
court the contention of Attorney Simon,
Several other lawyers represented var
ious clients and an hour wag consumed
in argument.' Judge Wolverton post
poned his decision until next Friday, on
account of the number of sums involved
and the conflicting interests of the
clnlnis made to him. 1 '.' '
A nota'Je feature of the hearing be
fore Judge Wolverton this morning was
the declaration of Attorney Simon that
the receiver will bring an action against
the state and the American Surety Co.
for the return of the securities trans
ferred to the state prior to the receiver
ship. He declared that such a transfer
was illegal. Attorney Bristol said he
was ready to contest this matter with
the receiver or any of the litigants; in
fact, arguing that the state has a per
fect right to hold these securities. This
phase of the hearing 'was concluded"
with the statement of Attorney Simon
that he will file suit in the premises
within the next few days.
In the representations and showing of
the state, filed by Bristol this morning
with the Clerk of the Federal Court,
the history of the Title Guarantee 4
Trust Company, so far as it is a matter
of record, j given, including the reor
ganization. HUcl's official history and
the m-ord, so far a bonds, sureties
and other factors are comprised, are
mentioned in detail. Those olllciaU of
tho bank accused of knowingly violuting
stute law a regard school money are;
J. 'J'horburn Ross, T. T. Burkhart, John
E. Aitchioon, George ii. Hill, William
M. 1-aJJ and F. E. Warren The amount
of the state's school money aid to have
lieen wrongfully received and conveiied
is given as $33,810.
In addition to other demands are a
statement from the receiver a to how
much the bank should have bad on
hanj when it closed its doors, and the
deporting of various amounts, the
largest lieing approximately $70,000,
with Ladd & Tilton, after the holiday
period was declared.
In conclusion it is petitioned that the
court declare the state's money to have
constituted a trust fund, irreducible and
not to be loaned or invented, and that
full restitution be made of such funds
before $34,000 or other amount is paid
out to others.
FO RAKER REFUSES.
Win Not be Bound by Conditions of
CalL
CINCINNATI, Jan. 3. A flat refusal
to be bound by the conditions of the
call of the Republican state convention
which is to name the state ticket and
select deieteVat-large to the national
convention, is the contusion reached by
Foraker and announced in a statement
given to the press here tonight. The
primaries for the test of strength be
tween Taft and Foraker as Presidential
candidates were provided in the official
call and the method provided is sharply
criticized by Foraker.
DICK FOR FORAKER.
AKRON, Ohio, Jan. 3. "I am for
Foraker first, last, and all time," said
Senator Dick today, denying the reports
he had cast his influence in other directions.
Canadian Pacific Liner and
Greenock Boat Delayed.
ACCIDENTMAYHAVE OCCURRED
Steamer Mount Royal From Antwerp
and Steamer Hungarian from Scotland
Many Days Overdue Belief Advanced
Machinery Has Been Disabled.
1ST. JOHN, N. F., Jan. 3. No word
lias been received of the Canadian
Pacific steamer Mount Royal, which left
Antwerp, December 7, for the St. John,
having on board 304 immigrants and
crew of over one hundred. The com
panya officials believe an accident has
occurred to her machinery and that she
will be heard from in due season.
LONDON, Jan. 3. The non-arrival of
the steamer Hungarian; which sailed
from Greenock, Scotland, on December
14, at Portland, Maine, leada to the be
lief she has fallen In with the Mount
Royal.
POWERS' FATE UNDECIDED.
GEORGETOWN, Jan. 3 Another day
has pnssed with the fate of Caleb Pow
ers still undecided. The jurors reported
today that they were unable to agree
but were sent back lor further delibera
tion. They retired for the night at
7:30 o'clock and nothing further will
be heard from thorn until the court con
venes tomorrowi morning.
WAS TAUNTED
BY FAMILY
Countess of Yarmouth Asks
Divorce.
HARRY THAW'S SISTER
English Title Loses Glamor for
the Beautiful American
Girl.
EARL'S FAMILY CRY DISGRACE
TAFT ENDORSED.
CLEVELAND, 0., Jan. 3. At a meet
ing here yesterday of the Republican
congressional committee of the 19th dis
trict of Ohio, to make arrangements for
the district convention, Secretary Taft's
Presidential candidacy was endorsed.
Lady Yarmouth Was Favorite Sister1
of Slayer of Stanford White and Wat
Present at First Trial Yarmouth
Secluded Himself in Egypt.
LONDON, Jan. 3. The Countess of
Yarmouth, who was Miss Alice Thaw,
of Pittsburg, hag begun proceeding for
the nullification of her marriage with
the Earl of Yarmouth.
The Countess of Yarmouth is a sis
ter of Harry K. Thaw.
The Yarmouth case was entered in
the defended list for trial at the coming
sittings of the divorce court. It will
be heard in camera.
It is said here that the estrangement
results from two causes: the first, the
action of the Earl during the first trial
of Ilarry K. Thaw, the Countess' broth
er. It is said that when the trial was
about to begin the Count went to Egypt
and lived in seclusion in the select
colony of English folk there. The sec
ond cause is said to be the-action of
the Thaw family in determining upon
an insanity plea .for Harry Thaw. It is
said Yarmouth objected to insanity
figuring in the New York trial .on the
ground that it would have a direct in
fluence on the succession of the Yar
mouth estate in the event that there
was an issue from the marriage. It is
also said the Earl's parents used every
influence to prevent the institution of
proceedings to nullify the marriage.
The marriage of the Earl of Yar
mouth in Pittsburg to Alice Cornelia
Thaw followed a rather brief courtship
and ended the Earl's stage career, which
had begun in private theatricals at New
port and had later been more or less
successful in a professional way. Lady
Yarmouth has always been the favorite
with her brother, H. K. Thaw, whose
second trial for the killing of Stanford
White will begin Monday. She return
ed from England, and was present dur
ing the entire first trial of her brother.
It has been given out that Lady Yar
mouth would not be present at the sec
ond trial, out of deference to the wishes
of her husband and his family, the Earl
having strongly objected to the noto
riety of the first trial.
At the wedding of the Yarmouth it
was planned that the bride's eldest
brother, Harry, should give her away,
but he was absent. The ceremony was
delayed several hours to await His com
pany, but he did not appear. Josiah
Thaw, another brother, acted in his
place. It was said that the delay in
the ceremony was due to further nego
tiations with regard to tho marriage
settlement from the Thaw family. The
Earl is declared to have insisted upon
an increase, and the papers had to be
drawn up before the marriage could
proceed. It is said that he received
$100,000 in cash, in addition to a heavy
settlement. Within the first year of
her married life, Lady Yarmouth was
compelled to deny rumors of a disagree
ment with her husband. She endeavor
ed to live as quietly as possible
and entertain only on a small scale.
Wlhile the Earl's family Is said to
have treated the American girl not over
kindly, it was not until the killing of
Stanford White by Harry Thaw that a
seriou break in their family relation
ensued. '-' '. . ;
AWTI-SUICIDE BUREAU.
Sought
Three Hundred Persona Have
Assistance,
CHICAGO, Jan. 3.The Chicago anti
suicide bureau of the Salvation Army
issued a report yenterday of the ease
handled and suicides prevented sine
the establishing of th bureau six
months ago. In that time 335 persons
have sougbtthe assistance offered by th
bureau and of this number it is esti
mated 80jer cent have been save J
from self-destruction. A significant
fact is that of overwhelming number
who applied to the bureau -were men.
Only 65 women availed themselves of
ti e help of the women's department The
mot prolifice cause of men desiring to
commit suicide are domestic unhappi
r.es, lack of employment, drunkenese,
and gambling. The reasons given most
frequently by the women were deser
tion, sicknes and lack of work.
DAVID PERSONS DEAD.
CHICAGO, Jan. 3. David Van Ness
Person died yesterday fter a brief ill
ness. He was born in 1840 in New York,
where his father waa a prominent law
yer. In 1883 he established the paint,
oil and drug review, which he conducted
up to the time of hi death.
He was active in the organization of
the National Paint, Oil & Varnish As
sociation and served aa its secretary
for 12 years. In 1809, he became the
first secretary of the. Paint Manufac
turers' Association of the United States,
an office which he held continuously
until 1905.
MINING MEN MEET.
SEATTLE, Jan. 3. A meeting of
mining men of Alaska, Washington,
Oregon. Idaho, Montana, British Colum
bit and the Yukon territory will be
held in this city on March 23 and 24
under the auspices of the mining congress.
MADE FALSE ENTRIES
Another Sensational Chapter Ad
ded to Bank Scandal.
BOOKKEEPER MAKES AVOWAL
Under Merciless Cross Examination H.
L. Storra Admits he Made False En
tries in the Books Under Orders from
Brown and Robertson.
SAN FRANCISCO, Jan. 3. Another v
sensational chapter was added to the
California Safe Deposit &' Trust Com
pany scandal yesterday . when H. L.
Storrs, one of the bookkeeprs of the
concern broke down under a merciless
cross examination and confessed that
the false entries in the books were in
his handwriting, and had been made un
der orders from J. Dalzell Brown and
J. D. Robertson, the fugitive assistant
secretary. -
The confession made by Storrs was
compete in every respect and establish
ed the ifact that nearly $1,000,000 had
been falsely added to the assets of the
bank in order to deceive the state com
missioners. More than $500,000 had
been fraudulently added to the account
of Brown, Walter J. Bartnett and the
San Francisco & San Joaquin Coal Co.
alone. In order to balance the books,
Stoors said that a like sum had been
charged against depositors in the bank.
The confession of Storrs was taade in
the bank building at California street
after he had been subjected to a search
ing examination by Assistant District
Attorney William Hoff Cook and Theo- ,
dore Kytka, the handwriting expert. ,
NOTED OARSMAN DEAD.
TORONTO, Jan. 4. Edward Hanlan,
ex-champion oasjsman of the worlct died
at 1 o'clock this (Saturday) morning of
pneumonia. ! y