The morning Astorian., January 30, 1908, Image 1

4JH
VOLUME LXIII. NO, 302
r
PUBLISHES FULL ASSOCIATED PRC8S REPORT
COVERSTHE MORNING FIELD ON THE LOWER COLUMBIA
HALL TAKES
THE STAND
Denied Engaging in
Conspiracy.
a
TESTIMONY TEDIOUS
Asserted He Had Never Been
Unfaithful to His Trust as
Prosecuting Officer.
STEIWER WILL BE RECALLED
1U11 Will Probably Complete Hie
Testimony Tomorrow Morning end
Crota-Examination by Heney
Promisee to be Feature of TriaL
PORTLAND, Jan. 29. -Former
United Slate DUtriet Attorney Hall
took the atamj in hi own behalf to
day. He denied that he ever wa en
gaged in a conspiracy or illegal agree'
"rocnt with Stciwer and hi awciatc
er with anyone, lie acrted he had
never been unfaithful to hi trust
proccutmg onieer nor dilatory in
proceuting cases." Hall will probably
complete hi testimony tomorrow
morning and cross-examination by
Heney will then follow. Aidc from
the argument, Heney cros-cxanii
nation of Hall promise to be the
feature of the trial.' Judge Webster,
Hall' counacl itated tonight that he
probably would call only one witness
when the defendant finishes hi tes
timony, although it i understood that
Steiwer will be recalled for further
cross-examination. Heney will offer
come testimony in rebuttal when the
defense conclude, so that final argu
mcnts cannot begin before Friday or
possibly Saturday. Today' testimony
was very tcdiou. Frcvious to Hall'
testifying, former District Attorney
Bristol and State Senator Houston
were placed on the stand by the de
fense. Bristol declared that he never
made any promises to Hendricks and
Huston swore than Senator Brownell
complained because Heney was not
keeping hi promise to dismiss the
indictment against him after Drowncll
had given the government data. ,
,vO OREGON, THURSDAY, JANUARY 30, 1908.
PRICE FIVE CENTS
SANCTIONS A LOAN. I
ST. PETERSBURG, Jan. 29, -A V I
tion an internal loan of 163,000,000
rouble at 4 per cent in the shape of
note on the State' bank redeem
able within four yean, replacing
like amount issued in va now
matured.
BANK GOES OUT OP BUSINESS.
NEW YORK, Jan. 29.-Pre!dcnt
I). A. Sullivan of the Merchant' &
Trader' Bank .announced ihortly
before midnight tonight that the in
stitution would not open it door to
morrow, Thi decision wai reached
at a meeting of the board of director
tonight lasting four hours. In
statement issued after the meeting,
the director declared the bank ol
vent but the Mate of cash resource
made it inadvisable for the bank to
continue doing business.
CEMENT FOR PANAMA CANAL
WASHINGTON, Jan. 29.The
proposal for furnishing 4,500,000
barrels of portland cement for use In
the construction of the Panama Can
ol.which have been asked by the Is
thmian Canal Commission, will be
opened on March 12 and the deliver
ies of the cement will commence
about December 1 next. Proposi
tions will be received for furnishing
the entire supply, any portion there
of and also one third of the amount
and lso for shipping the entire
amount in clinker form to a point on
the isthmus designated by the com
mission and there ground in a mill to
be erected, operated and maintained
by contractors.
CAPT. J. C. EDGAR DEAD.
SAN FRANCISCO, Jan. 29.-Capt.
John C. Edgar, a pioneer of 18S2, first
Republican sheriff of Yuba county
and for 28 years in 'active service at
San Quentln prison where his failing
health compelled him to resign as
warden last July, died yesterday at
his home in Richmond. Death re
sulted from diabetes, from which he
had suffered more than a year. He
was a native of Belfast,'' Ireland, 74
year of age.
' , -7
OPIUM FOUND ON STEAMER.
SAN FRANCISCO, Jan. 29,-The
custom officials of thi port have for
omc time mspected the existence of
an orgnnixed ring of opium smug
gler who operated on steamers run
ing between Victoria and San Fran
cisco. Startling confirmation of this
suspicion ( wa obtained yesterday
when the custom house searchers
found 220 five tacl tins of the con
traband stowed away on top of the
donkey boiler of the Steamer City of
Fuebla.
Opium ca be bought in Victoria
for about $8 a pound. Duty paid it
sells here for aboltt $14 a pound., In
the tin found yesterday were about
100 pound of the drug.
The duty on the opium eied
would amount to about $600 and the
capture is one of the largest made at
this port in year. -
rOURYEARS
Army Bad Man Will Serve
Leavenworth.
in
UNDER CLOSE SURVEILLANCE
The Marines Noticed the Day Before
he Landed and Removing Hi Shoes
They Found a Revolver he Had
Managed to Secrete.
NEW YORK, Jan. 29,-Dcscribed
by officers on Governors Island as
"the army bad man", Hugh Adolphus
Tyranny, now in irons, in Castle Wil
liam, will soon be transferred to Fort
Leavenworth to serve a; 24 years
term, Yesterday the army officers
on the island told why Tyranny is
kept under the close surveillance
which they, have adopted in his case
He arrived from Havana recently
under guard of three U. S, marines.
The day before landing, they noticed
him walking in a peculiar manner.
Removing his shoes, they found in
one of them a six chambered revolver
which he had managed to secrete in
some manner. Additional precau
tions were then taken to prevent his
accumulating any further stock of
dangerous weapon. Tyranny' com
mitment papers show him to have
been involved in several affairs involvr
ng guard house sentences while sta
tioned in Cuba. He received his long
sentence tor what' the papers describe
as "intent to kill" a lieutenant and a
private by clubbing the former over
the head with a big stick and repeat
edly stabbing the latter.
DR. J. C. JOHNSON DEAD.
BUTTE, Mont., Jan. 29.-Dr. J. C.
ohnston, aged 59, pioneer physician
of Butte and one of the best known
medical men in the Northwest, is
dead. Death was due to diabetes.
For 26 years Dr. Johnston was at the
head of the staff of St. James' Hos
pital, in which institution he breathed
his last. '
ADS FOR
ACQUITTAL
Upon the Grounds of Insanity.
LITTLETON'S COMMENTS
Jerome's Attack Upon Evelyn
Thaw Would Lead to Belief
She Was on Trial.
HE DID NOT EULOGIZE THAW
Littleton Said be Could Not Under
stand What She Had Done to
Call Forth the Abuse of Jerome-
Grills Abe HummelL
NEW YORK, Jan. 29.-Save for
the arguments of the attorneys and
the charge of the' judge, the trial of
Harry K. Thaw, charged with the
wilful murder of Stanford White, is
finished. After spending nearly three
weeks in listening to the ' evidence,
produced on both sides of the case
the jury will today listen to the ad
dres of Martin W. Littleton. In
thi address there will be nothing of
the sensation which came to the court
room on the first trial when Delphin
M. Dclmas suddenly threw over all
his carefully planned defense and ap-,
pealed to the unwritten law as a de
fense of Thaw's action in killing
White. In Mr. Littleton's address,
there will be nothing but the -plain
defense of insanity. "Brain storms"
have gone the way of the unwritten
law during the present trial and the
only defense has been insanity, in
sanity of a character which was easily
defined by experts and which they
all testified was of such a nature that
the mania under which Thaw labored
at the tune he-fired the shots that
killed his enemy may occur at any
moment. Whether or not Mr. Little
ton will attempt to argue that Thaw
is not now sane ha not appeared.
He presented no evidence to that
effect On Thursday District At
torncy Jerome will sum up the peo
ple's case to jury and will ask that
Thaw be convicted of murder in the
first degree, a conviction which would
carry with it the death penalty
now and always has been insane and
it is no secret tjiat he would be satis
lied with i a verdict that would
send the young Pittsburger to
an asylum for the rest of bis life. Mr.
Jerome called no alienists to the
stand to combat the insanity plea, and
is therefore in a postion to ridicule
the testimony given by the experts
called for the defense to his heart's
content.
On the conclusion of Jerome's ad
dress. Justice Dowling will deliver
his charge tb the jury. It is possible
Mr. Jerome will finish in such time
on Thursday as to allow the delivery
of the charge that night. If so, the
proof that the law required the
prosecuting authorities to produce.
One of insanity was made the issue.
Littleton warmly defended Evelyn
Nesbit Thaw against the attack of
Jerome. He said he could, not under
stand what she had done, or what
great crime hc had committed, con
idcred in the light of alt she had
confessed herself to be, that the
prosecutor should transcend all rules
of propriety and decency and at
tempt to destroy her when in the
next breath he was ready to coddle
and hug and vouch for the testimony
of such a sctfundrcl as Abe Hummel,
the very vermin of the New York
bar.
: I do not know how you gentlemen
of the jury feel about it, but it has
generally been understood that a
woman when she takes the witness
Stand in this country, is at least en
titled to have her testimony elicited
with a much gentility, care, tender
ness and regard of ordinary proprie
ties as ordinarily governs the inter
course of men and women, f do not
say that Jerome transended the pro
prieties of decency, but it seems to
me he wa more intent on abusing
this 'woman than in convicting Thaw,
The trend of hi attack would lead
you to believe Mrs. Thaw, and not
her husband, was on trial before you.
What was there about thi young
woman or against her that Jerome
should pace up and down before you
like a caged lion when he was ad
dressing her and glare and glare at
her and clinch hi teeth at her?
What was there about he that could
justify such treatment?"
Littleton made no attempt to eulo
gize Thaw and said he asked for him
no more consideration than the aver
age American boy had a right to de
mand of an American jury.
The jurymen followed I the argu
ment with intense interest and it was
generally conceded that "Littleton had
left Jerome a difficult task.
CHARGES ARE FALSE
Says Fulton, and Heney is Des
perate.
REFUTE AT PROPER TIME
"I Cannot of Course Answer Mr.
Heney's Charges Until I Have
Them in Full so That I Know Just
What They Are," Said Fulton.
IS COMING
uoni
Horace McKinley Left
China Yesterday.
IN CHARGE OF OFFICER
No Surprise If He Receives
Heavy Penalty Owing to
His Escapade.
MIGHT HAVE GOT OFF EASY
case ,will go at once to the jury. " If,
however, it is necessary, Judge Dow
ling will wait until Friday morning
to deliver his charge. However, the
case may go, there is little question!
mat Harry Thaw's fate will be in
the jury's hands by noon on Friday.
ed
Chief Counsel Littleton today ask-
for Thaw's acquittal upon the
ground of insanity, declaring he did
not see how, in face of the evidence,
the jury could render any other ver
dict. The serious and sincere evi
dence of the defense tending to show
the defendant's insanity, Littleton de
clared had been answered by the
sneers and insinuations of Jerome.
These sneers and insinuations, Little
ton said were not the competent
WASHINGTON, Jan. 29. -When
shown a synopsis of the charges
made against him last evening by F.
J. Heney, Senator Fulton was not
inclined to make any response at this
time. Finally, however, he said:
"I cannot, of course, answer Mr.
Heney's charges until I have them in
full, so that I know just what they
are. I will say, however, that it is
absolutely false that I ever paid J. S,
Smith or any person money for
Mitchell. It was, I recall, a common
report that Smith got money out of
Mitchell on a promise to qualify as a
legislator, and then refused to qualify.
I do not recall saying anything to
Governor Chamberlain about Smith,
but if I did so, it was simply based on
the generally believed report. '
"As for being attorney for , the
Hammond Lumber Company, I nev
er was, except, I think, I once ap
peared in court for jt. The Brownell
matter I have before refuted. The
Burke and Gosslin matter was simply
a case where the parties were indicted
and I was applied to to defend them.
That was years before I was elected
to the Senate, and I was then en
gaged in the practice of law. I do
not recall all the circumstances, but
I know that my actions were all per
fectly legitimate and proper, and
when I see the allegations I will easily
refute any charges of impropriety.
Mr. Heney must be desperate when
he has to delve into the past to, rake
up scandal and filth of this character.
I shall at the proper time deal with
these charges and show their entire
falsity."
After Conviction in October, 1904, be
Jumped Bail and Escaped to China
Was Arrested and Escaped, But
Was Recaptured in Manchuria.
PORTLAND, Jan. 29.-The Ore
gonian will say tomorrow that Hor
ace G. McKinlcy, who is awaiting
sentence in the federal court for land
stealing, sailed today for Portland
from Hong Kong, China, in custody
of a detective.
After his conviction in October,
1904, in connection with Puter and
other members of the notorious
"11-7" land fraud ring, and while
awaiting sentence, McKinley jumped
his bonds. Nothing definite was
learned of his whereabouts until he
was located at Manila. He soon left
there and went to China where he
was apprehended almost exactly
three years after his conviction. He
escaped from the prison at Tien Tsin
before the officer, from Portland ar
J i L M .
nvea. io onng nun DacK. i his was
about November 10th, last A few
weeks later he was re-captured
Manchuria. . In consideration of the
valuable evidence given the govern
ment, McKinley's punishment, had he
remained in Oregon, would undoubt
edly have been no greater than that
inflicted on Puter, two years in jail
and $1000 fine. In view of the trouble
the government has been to it will
create little surprise if he receives a
sentence many times as severe as
that
DRINK POISON.
NEW
sending
YORK, Jan. 29. -After
to the newspapers the an
nouncement of her marriage, which
occurred September 21, last, Mrs.
George B. Sear drank poison last
night, and is now in a dying condi
tion at a hospital. Mrs Sear wa
Miss Augusta Bleckman of St Louis
and wa married when the wa 17 to
Mr. d'Amron of New Orleans, After
a few year, they seperated and her
relatives in St Louis have heard little
from her ince. On the table in Her
room last night beside the bottle
which had contained the poision
which found a note asking that Mrs.
H. F. Niedrinhaus, 5300 Maple Ave
nue, St Louis, be notified. There was
also a brief note from her husband.
Mr. Sears did not live in the same
house with his wrfe, but is said to
have been a frequent .visitor there.
He stated that he knew of no reason
why Mrs. Sears should have attempt
ed to commit suicide except, that
she was to undergo a serious opera
tion Feburary 3. He refused to
state why the marriage had -been
kept secret.
HAIR ORNAMENT FOUND.
CHICAGO, Jan. 29. An advertise
ment in a morning newspaper yester
day brought back a valuable dia
mond hair ornament to Mrs. W. W.
Kimball and incidentally brought
$100, to a maid in the employ of Mrs.
John T. Shortall. '
Mrs. Kimball was among the guests
at Mrs. Marshall Field's dinner in
honor of F. Hopkinson Smith on
Sunday evening, and lost the orna
ment when returning to her home a
short distance 'away. Long search
failed until Mrs. Shortall's" maid
found the pin as it lay in the snow
on the sidewalk near Mrs. Field's
a combine
PASSED FRAUDULENT CHECK.
CHICAGO, Jan. 29.-Walter Mack
of San Jose, CaJ., who says he is a
graduate of the Leland Stanford Uni
versity of Palo Alto is under arrest
today accused of having passed fraud
ulent checks. He was arrested in the
restaurant of August Nagel, when in
the company of two young .women
and four young men. The women
said they were chorus girls in a the
atrical company.; According to the
police Mack, who is 25 years old, in
herited $15,000 a year ago-through
the death of his father in California.
The police say Mack's money gave
out several days ago. August Nagel,
owner of the restaurant in which
Mack was arrested, the police say,
charges that Mack passed a fraudu
lent check for $10 on him several days
ago.
PROHIBITING POLYGAMY.
WASHINGTON, Jan. 29.-Senator
Hopkins today introduced a resolu
tion proposing a joint amendment to
the constitution prohibiting poly
gamy.
LYNCHING BEE.
COMMERCE, Miss., Jan.-29-Two
negroes, whose names could not be
learned, who are charged with having
waylaid and killed their father here
Monday, for the purpose of robbery,
were charged by a mob of negroes
yesterday and lynched.
LOVERS QUARREL
Each Inflicted a Fatal Wound
Upon the Other. ',
THE GREEN EYED MONSTER
He Visited Her at the House of Her
Sister They Talked a Few Min
utes and the Girl Fled to Her
Room. '.
PITTSBURG, Jan. 29.-A lover's
quarrel at Amburgh, a new town es
tablished by the American Bridge
Company, 17 miles northwest of here
last night, ended in the death of both,
each inflicting a fatal wound upon the
other The victims were Marv Co-
zinni, 18 years old and strikingly
beautiful and Dominic .Polcini, 25
years old. The courtship began in
Italy and Dominic came to America
three years ago to prepare a home,
sending for the girl last. October,
Policini is said to have been jealous
and when she delayed the wedding
from time to time he became frantic.
Last night he visited the girl at the
home of her sister. Thy talked a
few minutes and the girl fled from
the kitchen to her own room on the
third floor, locking herself in." Pol
cini followed and broke open the door
and a struggle followed. Evidently
the girl had prepared to defend her
self. An instant later there was a
shriek and a heavy body fell. It was
that of Policini. A delicate, keen
edging knife the girl was known to
have kept in her room was found
near him. The blade had been thrust
into his ear, piercing his brain.
Just as he fell Polcini fired a shot
from his revolver. She ran down the
two flights of stairs and fell dead on
the kitchen floor.
It is presumed Polcini after break-'
ing into the girl's room had threat
ened to shoot her, and that she stab
bed him and attempted to run away,