The morning Astorian., January 10, 1908, Image 1

PUBLISHES FULL ASSOCIATCO PRESS IRKPORT
VOLUME LXHI. NO. 285
COVERS THE MORNING FIELD ON THE LOWER COLUMBIA
ASTORIA, W'taAl, JANUARY 10. 1908
PRICE FIVE CENTS
J
IIDGMENT
REVERSED
Extortion Cases Have Been
Turuncd Down.
DEMURRER SUSTAINED
Former Mayor Schmitz and Abe
Ruef Not Guilty of the
Offense,
DISTURBED PROSECUTION
Appellate Court Hold That Judge Dunne
Showed Prejudice In Permitting Evi
dence to Appear and That Many Errors
Were Permitted ia Trial. '
00000000000000000
O SAN' KRANCINtX), Jan. 0. 0
O The judgment and r.lr are re- 0
O vrractt and the trial court it di 0
O reeled to sustain Mil demurrer 0
O to the Indictment nnil discharge O
O the defendant a to such irulict- O
O ment. 0
00000000000000000
Thla was the decision handed down by
the district court of aieal reversing
the judgment of the trial eourt in the
fane of former Mavor Sclimitx, convict
ed on h charge of extorting money from
rVni-li restaurants for liijuor license,
and setting aMo the indictment on
which hie eovictiou was had, on the
ground Unit the liutiutincnt ikid not!
ahow thut a public offense win commit
ted. because It did not allege uny threat
to injure property, the court holding
that a liipior limine was not property,
but merely permission, that the threat
to prevent the obtaining of a liquor ri
ce line, by one who had no authority in
the prcml-cs, did not constitute a threat
against property, and because of mini
erom error in the ruling of the trial
the judge of the appellate court held
the indictment una invalid and the
oouvlction mil) and void. In effect the
.Vinrt held that Schmits was not given a
fair and Impartial trial.
Among the error of the trial court,
aa being the cause for reversal, the
appellate court, In the decision cnumer
ate the following:
"Tho court under the defendant' ob
jection allowed the prosecution to pre
emptorily challenge two jurors after
they had been accepted and sworn, with
out proper cause being shown or even
stated: that the court permitted- the
filing of ullldnvits, disqualifying the
-sheriff imd coroner as ollicers to tuke
charge of the jury and appointed an
elisor for that purpose, before affidavits
were first served upon the defendant,
nd refused to allow tho defense to file
counter ajlldavits showing that the elisor
mimed by the court was prejudiced
Mused nud a personal enemy of the
defendant; the admission by the court
of hearsay evidence of vile witnesses!
that the court admitted the testimony
of Ruef, in rebuttal, when it did not
constitute evidence in remitfcil; and up
held the prosecution in lmproer cross
examination of tho dofendant; and that
Iho court erred in overruling the defend
ant's demurrer to tflie indictment."
Wliile the diecision was not wholly a
surprise even to the prosecution, and
had !een freely predicted by Sohmita'
friends for some time, it did not fail to
cause something of a sensation, and was
the sole topio of conversation today.
The decision will have the effect of In
validating the other four indictments
charging Sdhmitz, as well as Ruef, with
extortion, and renders void the plea of
guilty made by Ruef, as the appellate
court held no crime had been committed.
By this reversal it is feared the prose
cution has lost its hold upon Ruef, and
It is 'freely predicted tonight that the
former political bos will now refuse all
overture for Immunity in consideration
of his testifying iu the bribery graft
cases.
Although the court ordered Hehmitt
jlcliarg"d from custody, neither HchnilU
nor Huef can take advantage of the re
verul for IW day, and even then there
is little likelihood they ever will be able
to secure th enormous ball required.
There U still pending against Ruef 120
Indictment on which the total bail is
tl, lo,;oo, and NchmlU would have to
give bond for I.iU,ikx), on the indict
ments remaining against him. Superior
Judge Dunne, before whom Kchmili was
convicted, and Ruef pleaded guilty, did
not hesitate to crilixe the action of the
higher court.
"H is to be regretted the hearing of
this appal came up before a court whose
members have intimate friend aj;aint
ahoiu many indictment were returned
by the grand jury, that returned these
true bills, lit view of these fact 1 do
not believe the court wa in a proper
frame of mind to give this matter an
impartial consideration and decide It
strictly upon its merits. I am satisfied
the evidence and the law sustained the
judgment aud verdict. 1 will further
state that the jury which returned tliii
verdict, In accordance with the evidence
and law will be remembered with re
lcct and honor in this community long
after the court which set tho verdict
aside, has been forgotten."
Both IScliuilU and Ruef, when seen at
the county jail refued to make any
statement, F. J. Hency arrived from
Tucson today en route to Portland. He
was in conference all the afternoon with
District Attorney Langdon. Rudolph
Spreckels, Detective Burns and several
of the district attorney's assistant.
When the conference broke up ,in order
to enable lleuey to secure the Portland
train it was announced no statement
would be made, and that hereafUr the
district attorney's office would adopt the
ollcy of strict silence in regard to it
future plans.
lleney would only say that the decis
ion hs.l not embarrassed the prosecu
tion at all. laiigdon declared the prose
cution of the bribery graft cases would
outimic to lie vigorously pushed.
BREACH STILL OPEN
Massachusetts Democrats Have
Some Troubles.
TWO STATE COMMITTEES
NAVY Hit
DISCUSSION
Hale Presents Navy
sonnel Bill.
Per-
TILLMAN WOULD KNOW
Considers Advisability of Offer
ing Resolution to Have
Investigation.
BROWNSONAFFAIR DISCUSSED
of the senator when he wants to call in
witnesses," responded Ifnle, smiling. .
Without definitely admitting the whole
naval controversy would be opened up
iu the committee's consideration of the
bill, Hulw gave bis belief as a probabil
ity that the committee would go to a
certain extent into the subject.
OPTIMISTS CLUB.
Every Man Who Can Smile in the Face
Trouble Invited.
NEW YORK, Jan. 0. Humor 1 be
ing Invoked in what purport, neverthe
less, to be a serious effort to gather
the true optimists of the country into
one big organization through the effort
of the Optimistic Club of America, with
offices at 52 Broadway. Governor Cut
ler, of Utah, is chairman of the club's
executive committee, which yesterday
sent out thousands of copies of a cir
ciikr containing the platform, beaded
by the following:
"Twixt optimist and pessimist,
"The difference is droll j
"The optimist sees the doughnut;
"The pessimist the hole."
The club invites every man who can
smile in the face of trouble to join, and
pass the smile along.
TROUBLE IN SOMALILAND.
One Bunch of Followers of the Long
Eared Quadruped Refuse to Play in the
Other Bunch's Pasture National Con
vention May Have Two Sets Delegates
HUSTON, Jun. 0. That the split in
the Democratic party iu Massachusetts,
manifested at the mcmorahlu state con
vention held in Springfield last October,
is still wide open, was shown today at
the meeting here of 27 out of 50 mem
bers of tho state committee. Jbiny mom
of tho committee refused to attend the
meeting and declared they would lieed
the call for whnt they consider the regu
lar meeting of the committee tomorrow.
Tho call for today's meeting was is
sued by Vl. 8, MoNary, second vice
chairman of last year's state convention.
Tho call for tomorrow's .meeting is by
J. P. Fecney, chairman of the state com
mittee. It is expected there will be two
state conventions this spring nnd that
the claim of two sets of Democrats will
have to bo adjudicated by the Demo
cratic national committee
ONE MORE JUROR.
NEW YORK, Jan. 0. One new juror
was addod to the Thaw trial panel to
day making seven In all selected
from 400 talesmen summoned since the
beginning of the trial. Another panel
of 100 will report tomorrow. The rate
of progress is not gratifying either to
the prosecution orthe defense and bet
ter things are Moped for tomorrow. At
the close of today's work the prosecu
tion had employed 14 of the 30 chal
lenges allowed by law and the defense
had expended 10.
Hale Explains . That Bureaus Should
Handle Affairs of Department Instead
of New Style Boards Tillman Would
Like to Hear Brownson's Version.
WASHINGTON. Jan. 9,-The intro
duction by Hale, today, of his navy
personnel bill proved a general discus
sion of naval affairs and recent occur
rence in connection with that branch of
the public service. The Main Senator
entered upon tho full explanation of the
provisions of the measure today, with
hi reasons for its adoption. He was
soon called upon, by Tillman, who asked
for consideration of the bill aud will
probably bring out facts relating to the
controversy in the navy department. I
Tillman said he had cou-idercd the ad
visability of offering a resolution for
such au investigation. Hale responded
that after looking the matter over he
had selected this manner of action which
involves consideration by thw Senate, in
stead of submitting the department to
investigation. Hale said the llrst propo
sition waa to see that the business of
the department lie conducted as it had
Imh'ii iii' former times of great peril tfl
the country, by bureaus and ollicers of
the department. It is only in late years
that boards have liecn organized in the
bureaus, where the real work is done.
He said he had provided in his hill that
unless the boards are to carry out the
specific laws they shall not be continued
or appointed in the future.
Regarding line und staff officers and
their duties he said be hud inserted a
provision that the rank of staff officers
should not carry with it the command
of any vessel in the navy. In explana
tion he said he had merely inserted this
provision in order that it might be dis
cussed by the committee and perhaps by
the Senate. Hale spoke of the naval
academy and of its magnificent equip
ment saying there are now 1104 midship
men in the academy, and on practice
cruise, and it would soon be necessary to
recieve into the navy only a portion of
the graduates and permit the balance
to go into civil life. Gallinger objected
to spending $10,000,000 or $15,000,000
for educating men who are to go into
private life. Tillman again entered into
the discussion ,d again referred to
the Brownson incident. He referred to
the magazine articles criticbting the navy
and charging that ships 'woro being built
in a way to fit them "Only for tho ash
heap." That assertion he said should
either be contradicted or the construe
tion of such vessels stopped. "Will it
flid,' lie said, "WJiy Brownson resign
edt' and continuing, "The President has
given his version of the controversy
but although lie is a great stickler for a
square, deal, he did not give Admiral
Brownson's version of it. I want to
know whether the minority members of
this committee will be given an oppor
tunity to have the facts brought out."
Hale said he hoped that there would
be no' question of minority or majority
in the committee as it had always acted
as one body. "I simply) wanted! to,
know," said Tillman, "Whether we should
be stopped from getting witnesses."
"I should oertainly not be in the way
TAFT FAVORS
LAND AND WATER DISPLAY.
FEDERAL UV
Statue Should be Made
on Injunctions,
SHOULD DEFINE RIGHTS
For Determining When Injunct
ions Should Issue In
Labor Disputes.
San Francisco Gets Ready to Entertain
Big Fleet
SAN FRANCISCO. Jan. . A land
and water display was outlined yester
day for San Francisco in an address to
the citizens read at a meeting of the
mayor's committee for the reception of
the United States battleship fleet on its
arrival here. Daily and nightly for not
less than a week this city will be the
scene of pageants and various forms of
entertainment and gaiety in honor of
the 22,000 officer and men who will
represent the power of the nation afloat.
Decorations and illuminations -will give
to tfle streets and harbor a gakt effect
and embracaderos, pavilions and trium
phal arches will be constructed, while
balls, theater parties, outings and ath
letic sports will give the last touch to
the entertainment program.
One hundred thousand dollars will be
expended to sustain the reputation of
San Francisco for hospitality and of
the Pacific Coast for patriotism. This
sum w511 be raised by subscription from
the people and municipal appropriation.
Italian Forces and Abysainiana Engage
in Pitched Battle.
ROME, Jau. 9. News ha been re
ceived here of serious trouble in Italian
Somaliland, which resulted in pitched
battles between the Italian forces 'and
Abysainiana near Lugh. The Abyssin
ians were robbing, killing and Imprison
ing many merchant. Late dispatches
indicate the fighting was much ntore
sereve than at first reported and it is
believed the Italian government is con-i-ealing
a severe reverse in order to pre
pare the public for graver news. The
importance of the situation lies in the
establishment of the fact as to whether
King Menelik, who never ratified the
cessation of Lugh to the Italians, order
ed the attack.
SHOULD GIVE DEFENDANTHNME
Secretary Believes ex Parte Issuance of
Injunctions Should be Corrected
Laborers Are Entirely Lawful in Unit
ing to Protect Their Interests.
KILLED IN DISASTER
Mrs. A. P. Boyd and Son Meet
Death in Wreck.
COACHES WERE OVERTURNED
Tramp Also Reported as Victim of Dis
aster to the Sunset Express Near San
Jose, California Eighteen Persons Are
Injured Cause Unknown.
SAN JOSE, Jan. 9.-Mrs. A. P. Boyd,
of Portland, Ore., and little son, were
killed tonight in tho wreck of the Sun
set Express on the Southern Pacific at
Rucker, 25 miles south of here. A tramp
is also reported killed. Eighteen are in
jured and aro being treated at the Gil-
roy Hotel. The cause of the wreck is
unknown at this time. Two coaches
were overturned on the tracks and one
waa thrown into the county road.
PORTLAND, Jan. 9. Mrs. Boyd and
son, who were killed in the Southern
Pacific wreck, near San Jose, were the
wife nnd son of Rev. A. P. Boyd, who
until recently was pastor of the Sclt-
woinl M. E. Church, of this city. Mrs.
Boyd left on Tuesday op Wednesday
and joined her husband at Roseburg,
Oregon, whither he had preceded her a
couple of days. Boyd was in ill health
and for that reason secured a transfer
from the Sellwood church to the First
M. E. Church of Atlanta, Ga, The .family
was en route to that city when the ac
cident occurred.
POLICE BAFFLED.
CHICAGO, Jan. 9. Thieves entered
the residence of Samuel Schwarts in
Waukegan yesterday and took $6000
worth of jewelry, mostly diamonds. The
police are baffled, as there are no signs
of ingress or egress. There was no sign
of a search for valuables. Everything
showed the thief knew exactly where to
find what he wanted.
NEW DIOCESE.
MARTINS FERRY, Ohio, Jan. 9. The
views of1 Secretary Taft, in regard to
the abuse of the injunction, are set forth
in a letter replying to questions pro
pounded by Secretary Lewis, of the
Ohio Federation of Labor. Secre
tary Taft prefaces his statement with
the declaration that he believes it will
be "Highly beneficial and entirely law
ful for laborers to unite in their common
interests.
Iu brief Taft says he sees no objec
tion to the enactment of a statute
which will define the rights of laborers
iu controversies with their former em
ployers.' This would necessarily furnish
a definite rule for determining when
injunctions should issue, as well as their
character and scope.
Second Whether the Secretary be
lieves no injunction should issue, until
after notice has been given the defend
ant and a hearing had. Taft says he
has stated many times in public that
the power to issue injunctions ex parte
has given rise to certain abuses and in
justice to laborers engaged in peaceful
strike, in that. without a hearing their
strike is weakened, although their pur
pose may have been entirely lawful, by
an order in which they never had an
opportunity to question, and which is
calculated to discourage their action.
Taft says he favors a federal statute re
quiring a notice and hearing before the
injunetion issue.
Third Should the courts retain the
power of issuing ex-parte injunctions,
Taft thinks it is eminently proper that
the statute require the court issuing the
injunction to 'give the defendant a short
period, says three or fours days, in
which to have a hearing thereon, before
the injunction issue.
Fourth Taft says regarding the pun
ishment of persons in contempt of court,
for violating injunctions, that the belief
that the judge whose order is Violated
makes a personal matter of it, is in
most cases unfounded. He does believe
however, where it can be done without
injuring the authority of the court, that
it would be well, in order to avoid even
an appearance of injustice, to have the
question of contempt decided by another
jixlg'
tion.
Roman Catholic Bishopric Created ia
Illinois.
CHICAGO, Jan. 9. A new Roman
Catholic diocese was created in the State
of Illinois yesterday. It waa carved out
of the Arch diocese of Chicago and will
be known as the Bishopric of Rockford.
A new bishop will soon be provided for
it. He will have his cathedral in Rock
ford and bis residence will also be in
that town.
TllA n,Or il U will Ofimnriaa t.uratv
c-euntics ia the northwestern section of
the state, and have at the start v a
Catholic population of 100,000. It waa
formed at a meeting here, presided over
by Archbishop James E. Quigley and
attended by the three Bishops of
the state J. L. Spalding, Peoria; Jas.
Ryan, Alton; and J. Jansen, Belleville.
The bishop of the new diocese will be
a suffragan to the Chicago arch-diocese
making four suffragan bishops in the
state where now there are only three.
HUGHESIS LAUNCHED
New York's Governor Will be
Presidential Candidate.
GIVEN TUMULTUOUS APPLAUSE
New York Republicans Give Dollar Din
ner and Although the Governor Was
Absent All the Speakers Declared in
Favor of Booming His Candidacy.
NEW YORK, Jan. 9. The candidacy
of Governor Hughes for the Republican
presidential nomination was launched at
the "Hughes dollar dinner" given by'
the enrolled Republicans of the 29th as
sembly district at Terry Garden tonight.
The Governor was not present, but sent
a telegram, in which he expressed the
wish that all should contribute in mak
ing the Republican partly a constantly
effective instrument for the correction of
abuses, and for conserving the rights and
opportunities of all by impartial and
than the one issuing the injunc-1 straightforward administration. The
speakers included tsetn juow ana ur.
Robeij; li McArthur, and their argu
ments in support of Governor Hughes'
candidacy were greeted by the 300 diners
'with tumultuous applause. All the
j speakers declared he should be New
CANON IN COURT.
Not a Piece of Artillery But a Big Gun in
Church.
NEW! YORK. Jan. 9.-Canon William
Shaefe Chase, of Christ Episcopal Church
of Brooklyn, has been summoned to ap
pear in court today to show cause why
he should not be punished for contempt
of court. The order waa issued by
Judge Marean of the supreme court,
and is based on an interview with Canon
Chase published in a New York news
paper in which, the clergyman criticised
severely Justice Marean'a action in
granting an, injunction against police
interference with a Sunday performance
in a Brooklyn place of amusement.
York state's candidate.
THIEVES GET $6ooo IN JEWELRY.
CHICAGO, Jan. 9. Thieves entered
the residence of Samuel Schwartz in
Waukegan yesterday and took $6000
worth of jewelry, mostly diamonds. The
police are baffled, as there are no signs
of ingress or egress. There was no algn
of a search for valuables. Everything
showed the thief knew exactly where to
find what he wanted.
t