1 f fi1T1l1tM(trli
PUBLISHES FULL ASSOCIATED PRESS :t PORT
COVERS THE MORNING FIELD ON THE LOWER COLUMBIA
VOLUME LXIII, NO. 281
ASTORIA, OREGON. SUNDAY JANUARY 5. 1908
PRICE FIVE CENTS
PETTIBONE
, ACQUITTED
Moyer Also Goes- Forth
a Free Man.
LACK OF TESTIMONY
Hawlcy Ask Court to Dismiss
Moyer and Order is
Made.
PERJURYCASEALSODISMISSED
Two Ken Who Wore Charged With
Testifying Wrongly la Haywood Trial
0 Free Pettibone and Moyer Receive
Many Congratulation.
110ISE. Jan, 4.Tbe en.l of the
prosecution of the men charged with the
murder of Governor Sleunenberg, with
the exception of the cmm agslnst Or
chard nml Simpk In, came today with
the acquittal of l'ettibone, and the for
ntal releasing of President Moyer of
the Western Federation. This latter act
occurred at 4 o'clock thU afternoon.
Moyer will return with pvttlbons in a
few Jays to Denver.
The case of Orchard, the sclf-confose
ed assassin of Steiacnberg, U In the
handi of prosecuting Attorney Van
Duyn of Cniiyon county. No statement
a to the future procedure In that case
ha been made but It will be called dur
Ing the next term of court at Caldwell
when it will probably be llually die
posed of. Slmpkins, a member of the
executive board of the Western Fed
ration who I charged with complicity
in the crime It a fugitive from justice
and the charge against him will itand.
When the Mover cane was call
.I by Judge Wood tills afternoon,
James II, Hawley, representing Van
Duyn signified the desire of the aiate
to have the order of dismissal entered,
"I am nit lulled.' aald Judge Wood,
"That the count taken by the district
attorney and decided upon by the at
torney for the elate In the proper con rue
to 1 token in the matter. I have
watched the evidence carefully no far
a the connecting and corroborating
evidence, under the statute, was con
eerocd in lis application to this defend
ant, mid there certainly has been noth
w developed in the cases that would
Justify the court in submitting the case
against him to a Jury, unlcs there was
considerable additional connecting test!
mony than that, which has been shown
in the two ciiscs already tried. For
that r (Ninon the case wilt bo dismissed
and the order made exonerating ' the
kiiniwmnii nl .1. .Infmwln lit '
At the request of the state the case
against Dr. Mlee and C. W. Allcr,
barged with perjury by reason of tes
timony given by them in the Haywood
ase, was dismissed. Although the Pet
tibone jurors agreed their- deliberations
should be kept secret it has been learn
edon the flret ballot the vote stood 8
to 4, the majority for acquittal. The
eoond ballot resulted in a Vote of 0 to
3. The third 10 to 2, and so it remain
ed all night. The two holding out lor
oonvlotlon were finally won over.
Pottllione and Moyer received many
telegrams of congratulation, chiefly from
Colorado friends. Pettibono though to
bo very ill for the past two woeks, walk
to the local headquarters of the West
ern Federation this afternoon.
DENVER, Jan. 4. William D. Hay
"wood arrived In Denver tonight from
the Northwest. When shown the Asso
ciated Press dispatch of the acquittal
f Pettibone at Boise, he said he felt'
like he had been acquitted again. He
aid this was a more complete vindica
tion than the former trial, and declared
there was no evidence or argument In
troduced by the defense that the prose
cution had not had cognizance of
months ahead of the trial, and hail
months to strengthen its case.
"I am equally jubilant at Petlibone't
acquittal as my own, and notwithstand
ing the reiterated statement of Gover
nor Gooding, it is now ssfs to presume
we shall all leave Idaho allrs."
Haywood aaid the action of the state
In dismissing the caa against Mayor
was just what he expected.
COIMO TO EUROPE.
Flurry Over Americana Now Journey to
Continent.
NEW VOItK. Jan. 4.-JW that the
financial flurry is over hundreds of
people are sailing for Europe for the
winter. Many of them were delayed
because of the stringency In the money
market and the desire to remain at
home until the financial horizon had
cleared. Twelve great liner will sail
today and will carry practically full
passenger lists. The' steamers sailing
are the Campania and Coronia of the
Cunard Unei Kalserin Augusta Vic
toria, Pretoria and Hamburg of the
llumburg Aiuerican llnej Koeulgin Luis
of the North German Lloyd Columbia
of the Anchor Llnej St. Ixmls of the
American Llnej Minneapolis of the At
lantic transport lino; Kroonland of the
Ited Star Line Odrlc of the White
.Star line and United States of the
Scandinavian-American Line.
BOXERS CAUSE TROUBLE.
Heavy School Tax and Heavier Opium
Tax Causeg Anger.
SAN FRANCISCO, Jan. 4.-C. Pol
hill, an English missionary who has
spent 20 jeer in China and arrived
yenterday on the liner Nippon Maru.
says that shortly before he left his
station st Kni Tsien, in the Province of
Ktehusn, a place about 1500 miles from
Shanghai, the Boxers bsd caused con
siderable alarm to the foreign residents.
The imposition of a heavy school tax
and a heavier tax on opium had aroused
the Boxers to anger and started them
on a wrecking rampage. No lives were
lost in the outbreak but Ave buildings
belonging to the Protestant and Catho
lic mission were destroyed before the
auMsiritica uccoednl in quelling the
riots, l'olliill U on his way to Ixindon.
He expects t rouble nil over China before
many months.
EXPLOSION IN BANK
Piece of Pipe Found Indicates
Bomb Was Fired.
NO MOTIVE IS APPARENT
Beautiful Marble Building of First Na
tional Bank of Kansas City Damaged
by High Explosive Nine Persona In
jured But None Fatally.
KANSAS-CITY, Jan. '4.-The eon
sensuii of expert opinion tonight ia the
explosion ill the beautiful marble build
ing of the First National Bank here this
a ft oi noon was caused by dynamite or
some high explosive. A piece of pipe,
behoved to be pint of bomb wiyt.
imina late , today in the -wrecked base
ment. A motive Is lacking, but bank
ollkials and the police incline to tH
belief that the explosion was either the
work of a crook or that the bomb hod
been secreted In the basement by would
bo robbers for ifuture use and exploded
iremniuiciy. jvo arrests have been
made and the police are without defi
nite clue upon 'which to work. Joseph
1'nch, a Hungarian carpentor of this
city, one of ten Injured, was taken to
luestioned by the k1i, No charge was
preferred against him. He satisfied the
police he had no connection with the af
fair and was released. Pach said he was
passing the building and 'was cut by
glass. The loss is placed at (1000, con
fined almost entirely to the basement.
None of the injured wers fatally hurt.
WOULD PRGf.
JEWELRY IS FOUND.
Husband
STkTcMENT
Hcncy Says Fulton Has
Legal Remedy.
IF CHARGES ARE UNTRUE
Magazine Articles Make Charges
Which are Construed
as Corrupt
FULTON CHALLENGED HENEY
Heney Explained When Interviewed at
Tucson, Arliona, That he Had Not
Seen the Letter Referred to But Was
Prepared to Answer Statement
TUCSON. Ariz., Jan. 4.-F. J. Heney,
whom Senator Fulton has challenged to
substantiate statements, characterized
a Insulting, was asked today if he in
tended making a reply. Heney explain
ed he knew little of the letter whicii
Fulton is alleged to have given out for
publication, and that he would not at
tempt to reply. He however made the
following statements
"An article in a monthly magazine,
written by Uncoln Steffens, and others,
published in a weekly periodical, con
lain charges against Fulton -which are
libelous if true and charge him witih
acts which I should construe as cor
rupt.' If he denies them or their truths,
I suggest he try their accuracy by libel
suits. Any statement which I may have
nuule about Fulton for publication I am
prepared to answer. And substantiate
with legal evidence when the proper time
and opportunity arrive."
TORTLANI), Jan. 4.-In an opep 'let
ter to Francis J. Heney, Senator C. W.
Fulton challenges the land fraud prose
cutor to set forth publicly the grounds
on which he based his charge that Ful
ton had been guilty of corrupt acts.
Hcney's accusation was published in
the Oregoniun about three weeks ago as
a part of an interview with a represen
tative of that paper. After his arrival
in Washington Heney gave out the
.statement that he never said for publi
cation anything discreditable to Fulton,
but that remarks which ho made priv
ately might liave been the basis for the
Oregonian's alleged interview. At that
time Fulto;i denounced the charges -of
corruption as malicious and (false, and
he hits now called on Heney to back up
his charges.
A dispatch to the Journal from Tu
cson, Arizona, says: When asked for a
statement in reply to the open' letter
of Senator Fulton of Oregon today.
Francis J. Heney said:
"When I made the accusation against
the honesty and integrity of Senator
Mitchell and Abraham Ruef, they took
the same position that Senator Fulton
now takes.
"All I have to say in answer to his
open letter is that when I get good and
ready, or when the proper tame comes),
I shall give to the public the facts upon
which I base my accusation against
Senator Fulton."
of Murdered Woman Had
Placed it in Safe.
NEWARK, Jan. 4 An important dis
covery, which the police state will en
able them to name the slayer of Mrs.
Lena Whftmoro, whose body was found
In a lamp bliick swamp near Harrison,
and wlwe husband, Thomas Whit more,
is now in custody pending further in
vestigation of the crime, wss made to
day when all the jewelry of the dead
woman wss found in the safe of Harry
A. ltadin, a saloonkeeper of ilrookiyn.
Itadin said Whitmore had given him a
box containing jewelry several days
sfter the body was found. Whitmoro
previously told that his wife had worn
all her diamonds when she left home on
Christmas afternoon. Itadin Informed
the police that Whitmore told him he
wanted a safe ploce to keep the jewels
until his wife returned. Whitmore, who
Is held as a suspect, -was subjected to a
searching cross examination today when
told he would probably be arraigned
later. He declined to discuss the affair.
REFUSE TO GRANT BAIL.
Power Must ' Stay In Jail Until
July 6.
GEORGETOWN, Jan. 4. In their ap
ical to the oourt to grant bail to Caleb
Powers, in whose case the jury today
failed to agree, and were discharged, his
attorneys pleaded he was not in good
health and in view of the fact that the
jury did not agree as to bis guilt, he
should be allowed his liberty on bail.
Another motion made by defense was
that the date of the next trial be set
within ten days. Both were overruled
ai.d the case set for July 6.
OPERATORS' CONVENTION
BUTTE, Jon. 4. A Helena's special
to the Miner says that January 17th
has been definitely fixed as the date for
the convention of mine operators of
Central Montana for the purpose of or
lanlzing a state association to alleviate
present mining conditions caused by
doub'ing the former rates for smelting,
put in effect December 1, by the Helena
plant of the American Smelting A Re
fining Company.
THAI. TRIAL AGAIN
Slayer of Stanford White Soon
to Face Jury.
EVELYN THAW MAY TESTIFY
SZECHENYI-VANDERBILTi
NEW YORK, Jan. 4.-Aocordlng to a
statement published today Gladys Van
dorbilt will be married to Count Laazio
Szeohenyl, January 23, at the home of
Mrs. Oornolius Vanderbllt. The wedding
was postponed because Szechonyi's re
latives wanted to spend Christmas in
their own country.
OLD CRUISER BURNED.
BAN FRANCISCO. Jan. 4. The old
cruiser Marion was burned to the
water's edge yesterday in Visitation
Bay, three miles south of Hunter's
Point, in San Francisco -Bay. The
Morion was launched in 1875 to perpetu
ate the name of the sloop of war Mar
ion, the timber of which was used in
the work of reconstruction. For a time
she was in service on the China station.
In 1808 she was given by the govern
ment to the naval reserve as a training
ship and was eventually sold.
FOOTBALL GAME,
VICTORIA, B. C, Jan. 4. Victoria,
12; Stanford, 3.
Rumor However Afloat That Beautiful
Wife of Defendant May Not be
Required to Tell Harrowing Story
Comstock to be Witness.
NEW YORK, Jan. 4.The final con
ference of attorneys for the defense in
the Thaw case was held today. Mrs.
William Thaw was not present and will
not be present at the opening of the
trial. She is Bick at Pittsburg. Judge
Victor Dowling, who presides at the
coming trial is a young man, but has a
wide reputation a a jurist He intends
to hold the opposing attorneys steadily
to their tasks and to expedite the trial.
Since the announcement- that Anthony
Comstock would be allowed as one of
the principal new witnesses for the de
fonse, rumor has once more gained cir
culation that Evelyn Thaw will not take
the stand. The theory ie that Cora-
stock's testimony will indicate what
Thaw heard regarding Stanford White,
and thus relieve Mre. Thaiw from repeat
ing the story.. It is again authorita
tively stated, however that Mrs, Thaw
will take the stand.
po am
MURDERED
Shot By United States
Sailor.
SLAYER IS CAPTURED
Officer Accosts Suspicious
Characters and Receives
Death Wound
BARBER SHOOTS MURDERER
CAN SEE NO REASON.
PARIS, Jan. 4. Former Minister to
Japan Harmand, in an interview with
the Echo de Paris, declares he cannot
see what Japan would gain by forcing
a war with the United States nor how
Japan could carry on a war without
funds. Harmand says he will not wager
on the question whether there will be
war or not, but likens the situation to
a mine which might easily be set off.
Witnessed Killing of Policeman and
Jumps Into the Fight and Wrests the
Weapon from Slayer Many Stamps
Found in Grip Belonging to Murderer.
OAKLAND, Cal, Jan. 4. Policeman
-James J. Fenton, was shot and killed
this afternoon by F. S. Boyle, said to
be a United States sailor stationed at
.Hare Island. Boyle was captured by
Thomas Shields, a barber, who took the
gun away from him. Shields shot
IJovle in the abdomen after the latter
bad attempted to shoot him. Shields wit
i.essed the struggle from a window in
the shop and running to the place jump
ed into the fight. He ate'mpted to wrest
the gun from Boyle, who with the
muzzle on Shield's breast pulled the
trigger. The barber had his thumb
under the trigger, however. Shields
finally got the gun away from Boyle
who started to run and was half way
across the street when the barbep took
deliberate aim and fired, bringing bim
down. '
Fenton accosted two men, as suspic
ious characters, and Boyle shot him
twice. The second man escaped. The
polioe found many stamps iii a grip
belonging to the men. The grip con
tained $000 in postage stamps and a
letter addressed Campbell, Calif. The
postoftice at this place was recently
robbed.
UNDER MARTIAL LAW.
Presence of Troops Checks Rioting at
Muncie.
MUXCIE. Jan. 4. With martial law
declared and 600 troops camped in the
very heart of the city, the citizens of
Muricie tonight are quiet and peaceable,
The riotous outbreaks of the past three
days have given away to normal exist
ence so far as violence ia concerned al
though the city is far from normal in a
business and industrial sense. No ar
rets were made today in connection with
the riots. The raartiaL.and civil authon
tics are working hand in hand, a decla
ration of martial law signifying merely
that the commanding officer of troops
has authority to go above the cml offl
cers. Soldiers will keep streets clear of
loiterers and be especially vigilant after
nightfall.
LAWS DEAD LETTER.
Banking Practices Meet With Only For
mal Criticism.
CHICAGO, Jan. 4. That certain sec
tions of the national banking law are a
dead letter so far as banking practice
19 concerned, and that these violations
meet with only the formal criticism of
the comptroller of currency, was the
testimony of George M. Coffin, a former
deputy comptroller, during the Walsh
trial today. He -was asked if it was
the custom to make accommodation and
memorandum notes and loans in excess
of the limit provided by the banking
laws. Oofim answered affiratively. He
said when reports of banks engaged in
this practice wero gone over, it was the
custom to send printed leters signed
with autograph stamps containing in
structions to reduce excessive loans.
These letters are not followed up and
replies, even, are not necessary. :
ATTEMPT TO WRECK TRAIN.
Large Bolt Placed on Track Near
PORTLAND, Jan. 4. A special to the
Oregonian from Salem says a daring
attempt woe made to wreck the north
bound Roseburg passenger train on the
Southern Pacific Railroad today. A
large bolt was placed on the track near
the fair grounds. A few minutes be
fore the passenger train was due, a
local track Inspector' velocipede struck'
the object and both he and the machine
were burled in the ditch. A special from
Woodbura says railway detectives placed
two Roumanians under arrest for the
crime. On being searched clippings from
anarchist papers were found In their
pockets. They were taken to Salem and
incarcerated.
MAY PREVENT CONCERT.
Conreid , Liable to Press Injunction
Against Miss Abbott
NEW YORK, Jan. 4.-Boston, which
has already seen the arrest of 1000
opera singers and many suite over the
services of others, may take part in
another legal controversy tonight when'
Miss Bessie Abbott is advertised to sing
at a concert. Mr. Conried of the Met
ropolitan Opera House last spring se
cured an injunction prohibiting Misa
Abbott from singing except under his
management, claiming a contract with
her. It -was during the Boston season of
the Metropolitan Company last spring
that Mi&s Abbott left the company issu
ing a statement in which she declared
she had not been properly treated and
had not been allowed to sing the parte
which she was promised when she was
engaged. After Mr. Conried secured the
injunction she began suit to have the
contract declared void. The ease will
probably be reached within a month, but
in the meantime Mr. Conreid is likely
to prevent her singing elsewhere and
may prevent the concert in Boston to
night. THAW DYNAMITE.
SPRAGUE, Wash, Jan. 4. Two la
borers were killed and eight badly in
jured 'by a dynamite explosion in the
construction camp on the Portland k
Seattle Railroad, 25 miles south of
Sprague today. The men were all Bul
garians and were thawing dynamite-in
a kitchen stove.
MILLS ARE RUNNING
Goldfield Operators Believed to
Have Won.
MINERS FORMING NEW UNION
Within Ten bays or Two Weeks Every
Mine Will be Running Full Blast
Wages Have Been Reduced Twenty
Per Cent
GOLDFIELD, Jan. 4. It is believed in
Goldfield that the strike is practically
wop by the mine operators and within
10 days or two weeks every mine in the
district will be at work full blast. Sev
eral , mines started this morning with
miners formerly affiliated with the
Western Federation, but who signed
cards renouncing such allegiance. The
men went to work on the new scale!
which reduced wages 20 per cent The
most hopeful sign of an early settlement
is the formation of a new union among
the miners, which is to become a state
affair independent of the Western Fed
eration. The Western Federation lead
ers are said to be much disturbed at the
turn matters have taken.
EXCESS MiuiY MILLIONS.
Remarkable Purchasing Powers Shows
America's Prosperity,
NEW YORK, Jan. 4. An evidence of
the country's prosperity and remarkable
purchasing power is to be found in the
annual report of the appraiser of the
port of New York. The value of mess
chandise imported in ,1907 ' in
excess of importations in 1908 was $67,-
000,000. Acting Appraiser Clapp said
yesterday that the total appraisement
for 1907 over 1906 probably would have
been $100,000,000 had it not been fop
the finanoiad disturbance, the report
showing a decided falling off during the
last four months. The appraised value
of merchandise entered at this port dur
ing 1907 totals $855,341,270.