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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (May 22, 1908)
'stiver COVERS THE MORNING FIELD ON THE LOWER COLUMBIA PUBU3HIB rULl A990CIATI0 PRESS REPORT 33rd YEAR, NO. 114 ASTORIA, OREGON, FRIDAY, MAY 22, 1908 PRICE FIVE CENTS It V EJ 7 V Unable to Agree as to the Guilt of Ross NO CHANCE TO AGREE Was Out Forty-Four Hours and Stood Six jo Six From the Start PROSECUTION IS UNDISMAYED Langdon Announces That he Will Proceed to Try Ruef Again at Soon ai Possible Attempted Tampering With Jury. SAM FRANCISCO, May 21.-Un-able to agree after being out almost 44 houri the jury in the case of Abe Ruef, charged with offering bribe to former Supervisor Phillip, was waiv ed charge at S o'clock thii evening by Judge Pooling. Thirteen balloti were taken and the jury itood lix to ix from the outset. At no Mage was there a chance for agreement, the credibility of witnesses being the main ooint tmon which the juror divided. Resuming their deliberations this morning the jury was called into court at 11:45 o'clock by Judge Doo ling but akcd the court for more time. The request was granted and they retired. When 4 o'clock arrived the bailiff ordered the courtroom cleared a Judge Dooling desired to send for the jury in a short time their desire being to avoid any demonstration on ,thc part of spectator. As a result, the attorneys interested and the news papermen were about the only ones in attendance when the jurors filed in and took their places in the box. Foreman Penney arose in response to Judge Dooling's question and said it was impossible for the jury to agree. Each juror was then questioned by Judge Dooling and all agreed that they could not arrive at a verdict. Dooling then formally discharged the jury. At this point, Foreman Penney arose and announced, while the jury was en route to court this morning, Dr. Edward J. Crecly, veterinary surgeon, audibly remarked as jury passed "Do not convict my friend Ruef." Juror Mohrig arose and said he felt the remark was intended for him alone, he being the personal friend of Crcely's and in his opinion there was no attempt to influence the jury. Ilcney announced Crecly would be cited to appear tomorrow morning and show cause why he should not be punished for contempt of court. Langdon this evening stated Ujat the prosecution will not cease The work that had been cut out and as 1 DISCHARGED HEMBREE FOUND GUILTY OF AlURDER OF HIS DAUGHTER PORTLAND, May 21.-A special to the Orcgonian from Dallas, Ore., says that Ab Hembree was late to night found guilty of murdering his daughter in a lonely cabin in Tilla mook county. Hembree had prev iously been. convicted of manslaughter in Tillamook county on the charge of killing his wife. The crimes were - committed about two years ago. It was alleged that Hembree in - order to conceal the fact that he had , maltreated his daughter killed both noon as possible he will proceed to try Ruef again, on one of the hun dred or more Indictment pending against liim. REPORTED AS NOW SANE. Was Iniane However When he Killed Judge Emery. TACOMA, May 21.-Two alienists, Dr. E. M. Brown and Dr. C. E. Wheeler .the local physician today told the jury in the Chester Thomp son inquiry a to hi present mental condition, that although petitioner wa iniane when he shot Judge Emery of Seattle, he is now lane and the itate will make no mistake in liberating him, Dr. Brown took a decided issue with prosecuting attorney when he de clared Chester never wa afflicted with nanonoia is incurable, and that it does not often develop until a person is 30 years or older. Other alienists cor- roberated this view. WILL NOT MODIFY POWER WASHINGTON', May 21. -The Republican caucus tonight voted against the passage at this session of Congress of the bill to modify the power of the federal court in power of the injunction. COMMISSION REPORT Conferees on the Currency Bill Slow In Agreeing CREATE COMMISSION OF 18 Senator Rayner Still After Board of Inquiry to Investigate the Charges Against Colonel Stewart of the Coast Artillery. WASHINGTON, May 2i.-Pro cccdings in the Senate today as is usual toward the close of the sessn, covered a multitude of subjects, in eluding the probable final announce' mcnt on the currency question. An nouncing that conferees on the cur rency bill would be unable to agree if Congress adjourns at an early day, Aldrich reported from the committee on finance a joint resolution creating a national monetary commission of nine senators and nine representatives to investigate all matters concerning banking and currency systems of the country and the resolution was passed without debate. Aldrich stated it was proposed to have this commission be gin work at an early day. Senator Rayner again discussed his resolution authorizing and requesting the president to order a board of in quiry into the charges against Colonel Stewart of the Coast Artillery and a resolution was placed on the calender where it will possibly lie during the remaining days of the session. The Senate passed the general de ficiency and military academy ap propriation bills, and last of the gen cral appropriation bills. RENO, Nev., May 21. Governor Sparks who has been ill for several weeks is not expected to live through the night. wife and daughter and incinerated the bodies by burning the cabin in which they lived. Hembree was first tried for the murder of his wife and sent to prison for manslaughter. After serving a few months he was paroled by the gov ernor. Public sentiment in Tillamook county demanded that Hembree be tried for the murder of his daughter. He secured a change of venue to Polk county alleging the sentiment in Tit latrwok county precluded a fair trial. CAMPBELL INTO Seeks Sheriff Flanders at Find COMES TO ASTORIA AND Is Accompanied Hither By His lamet Calls Up His Chinook Kinsman, s. J. Baseel, and Apprises Him of His Trouble CORONER'S INQUEST WAS HELD VERDICT CHARGING HIM WITH CLELLAN FOUND-SHERIFF FLANDERS AND CORONER PEACOCK, OF WAHKIAKUM, LEFT UP WITH PRISONER LAST EVENING ON THE STEAMER UNDINE- Yesterday's developments in the matter of the murder of John Mc Clellan of Nascl, by Michael Camp bell, of Deep River, yielded nothing of a quality to mimify the presentment of the affair as made in these columns yesterday and it still stands, in the public estimate about this city, as a heartless cowardly and unprovoked killing. x Michael Campbell, the murderer, left Wilhelm's Landing a few hours after committing the crime, in a small boat and went to Bear Cliff, boarding the steamer T, J. Potter, on her up trip, for Cathlamet, with the intention of giving himself up to Sheriff Flan ders, of Wahkiakum county; but that officer having left there for the scene of the crime, accompanied by Dr. Peacock, the coroner of Wahkiakum county, Campbell went to his personal friend, Michael Gorman, and told him the story, asking for guidance in the matter. Mr. Gorman advised him to return to this city and place himself within the purview of the law' and its representatives, and the two started at once, in a launch, for Clifton, tak ing the down express on the A. & C. railway, for this city and reaching here at 11:40 a. m. Shortly after arriving here, Sheriff M. R. Pomeroy, who had been ap prised of Campbell's presence in the city, made it possible for the man to give himself into custody, and took him to the court house. Arriving there Campbell immediately asked to have the use of a long-distance tele phone, and the office phofte was placed at his disposal. He called up his brother-in-law, Samuel J. Baseel, of Chinook, to whom he talked for sometime, stating the predicament in which he had gotten himself, and evidently advising him as to his im mediate future. During his presence in the sheriff's office and the terms and tone of his conversation with Mr. Baseel, it was plainly evident to all present that Campbell was shrewdly and entirely at himself, but without any deep sense of the terrible condi tions he had wrought and was in a noticeably cheerful mood, laughing heartily over the wire with Mr. Baseel and carrying the matter off as one who had perfect justification for the heinous offense he had committed. A representative of the Morning Astoriati was present at the time, and when he had ceased his communica tion with Chinook, asked permission of the sheriff to interview Campbell. This was granted, but the slayer of John McClellati refused to say. more than that "any man of honor, or self respect, could not have done anything but what he had done." The reporter ythen took occasion to inform . Mr.. Campbell that it was said that he (Campbell) had a good deal of fault to find with the style and character of the published report of the murder in yesterday's edition, and that if he had anything to say in extenuation, or abatement thereof, this paper was ready to publish the last" word he might offer. But he declined to make GIVES HIMSELF OFFICIAL CUSTODY Cathlamet But Fails to Him YIELDS TO THE SHERIFF Friend, Mike Gorman, of Cath AT DEEP RIVER YESTERDAY THE MURDER OF JOHN Mc any further statement until he had engaged and consulted his attorney, when, he said, it might be possible, the attorney would have something to offer in contravention of the news as given by the Astorian yesterday morning. His pistol was taken from him by Sheriff Pomeroy and locked up. It was a cheap Ivors & Johnson five- shooter, and evidently quite new. It contained three cartridges that had been fired, and two fresh ones, Camp bell, himself, telling the sheriff he had re-loaded it partly. He 'was then locked up in a. jail cell to await the arrival of Sheriff Flanders who was expected back here later in the day Crom Deep River. Sheriff Flanders, with Coroner Peacock, passed through this city on their way to Deep River early yester day morning, and while here were joined by Coroner Pohl of this county, and with the eight witnesses who were present at the shooting, went to the scene of the killing, viewed the spot and then kept on to Deep River where at Anderson's place the coroner summoned a jury of six men and proceeded to examine into the case. There was not a single wit ness in the country for the defendant, and the testimony of those examined, led to the finding of the following verdict which was not only unani mous, but quickly reached after the submission of the testimony: . "State of Washington, ) )ss. "County of Wahkiakum.) "We, the undersigned jurors, sworn to inquire into the cause of the death of John McClellan. on oath, do find that he came to his death, at Deep River, Wahkiakum county, Washington, from gunshot wounds in flicted by a gun in, the hands of one Michael Campbell; that the shooting was with intent to kill; and we charge said Michael Campbell with the crime of murder. (Signed), "WILLIAM ANDERSON." The rest of the jurors subscribing the verdict as above set forth. And it was also signed by Coroner Peacock as the presiding officer in the case. Before Campbell was locked up by Sheriff Pomeroy he asked that officer "what had become of the gun that was found on the body of John Mc Clellan?" but the question was put in a manner that was plainly apparent to all who heard it, that it was pre concerted and asked for effect, and perhaps for subsequent reference; since it is common knowledge that the murdered man had no sort of weapon on his person. It was reported here yesterday that Campbell was notably nervous while on the streets of Astoria yesterday morning and that he feared reprisals from a certain kinsman of John Mc Clellan whom he saw following him about; but this apprehension, while natural under the circumstances, was not warranted. Wiley McClellan, a nephew of the man who was, killed, was on the streets, having come from his work to meet hi aunt, the strick en widow of John McClellan, who came over from Nasel yesterday morning. He was simply hovering on the scene to ascertain what official disposition was to be made of the man who had killed his uncle, as he had a natural right to dp. The body of John McClellan was brought from Deep River yesterday evening, whither it had been taken yesterday morning for trje inquest, and was, last night duly prepared for final interment, by W. C. A. Pohl, and it will be despatched to the Nascl home today. The body contained three bullet wounds corresponding to the number of shots still remaining in the gun that killed him. One is in the right shoulder and on the outer point thereof; the bullet making this wound passed down through the right lung and liver coming to the surface of the skin a few inches below the right nipple, and was subsequently extract ed by Coroner Peacock. The second Wound was in the left shoulder, but the bullet that made it has never been found and is still in the body. The third wound is in the back, to the right of the spine and just below the shoulder blade; it penetrated the body piercing the right lung, and lodged in the flsh just above the right nipple, and was evidently received as the vic- (Continued on page 4) Warm Welcome By Mayor De raattos, of Bellmgham FIREWORKS BY THE JAPANESE Heavy Weather Delayes Them One Hour in Arrival Illinois and Kear sarge Anchor in Harbor at Port Townsend. BELLINGHAM, Wash., May 21.- With the incandescant lights and its arcs playing across the heavens, trie first division of the Atlantic battle ship squadron rests tonight on the broad bosom of the spacious harbor of Bellingham Bay. The fleet has been officially welcomed by the mu nicipal authorities and the officers and shore leave men are being entertained ashore On, account of a heavy tide the vessels did not arrive until short ly after noon, being one hour behind the schedule. Their entrance into the harbor was viewed by thousands of people from Bellingham and sur rounding country from the command ing heights of Bellingham and the wharves. Early today the fleet ar rived off Port Angeles where on sig nal from the flagship the Louisiana, Virginia, Missouri and Ohio left the line and turned into Port Angeles. Continuing to a point opposite Port Townsend, the Illinois, Kearsarge, Wisconsin, Nebraska and Kentucky turned southward and past the land fortifications at Fort Worden. The Ilinois and Kearsarge entered and anchored in the harbor of Port Town send while the other three sailed on to Bremerton. The first division of seven ships followed Rear Admiral Sperry on the Connecticut and threading their way through San Juan Archipelago north ward and drew into the waters of BATTLESHIPSARRIVE PRESBYTERIANS ELECT REV. FULLERTON MODERATOR KANSAS - CiTYV May 21.'-Rey. Baxter P. Fullerton, of St, Louis was elected moderator of the Presbyterian church today to succeed Rev. W. H. Roberts of Philadelphia. Dr. Fuller ton was not opposed for the office, his nomination and election being unani mous and by acclamation. He was placed 'in nomination by .Dr.. F. J. NichoHs of St. Louis and the nomina HORRIBLE TRAINWCK Latest Report Estimates Sixty Dead MANY FATALLY INJURED Authorities Began Investigation- Signal Men Under Arrest, But Probably Blameless .... CRASH AT 50 MILES AN HOUR Catastrophe Believed to be Caused by Defective Switch Heavy Coaches of Express Crush Light Local fnto Splinters Sight Sickened Doctors. ANTWERP, May 21.-One of the worst arilroad accidents in recent years occurred at Contich, a station six miles southeast of this city, on ' the main line at 8 o'clock this morn ing. The exact number victims not determined up to late tonight owing . to the difficulty in removing the de bris. The latest estimates place the dead at 60 and 100 injured. The catastrophe appears to have been caused by a, defective switch where the main line crosses the local line. At this point a train carrying a large number of pilgrims on their way to a leal shrine was standing. Into this the Antwerp-Brussels' express dashed , at a speed of 50 miles an hour, liter ally leaping on top of it. The heavy coaches of the express crushed the lighter train into splinters. The sides of the express train cars were torn from their fastenings, floors practically collaspsing, thus precipi tating the passengers to the side of the track. The uninjured fled across the fields frenzied. Few of the occu pants of the local escaped alive and those not killed were badly injured, many mortally. Rescuers, even doc tors, hardened to such sights were sickened at the sight of the mass of crushed and mangled and unrecog nized bodies whose heads were either crushed or decapitated. The authori ties at once bgan an investigation. They ordered the signal men under arrest although it is believed by the authorities they are blameless. Bellingham Bay. When anchoring ground was reached the anchors were let down, and a salute of 13 dynamite cartridges were fired from Commer cial Point, accompanied by blowing whistles and the cheers of thousands on land. A novel feature was the discharge of fireworks by the Jap anese society. Tonight the bands are playing on the streets and the Chinese residents are displaying fire works of various descriptions. Offi cers of the fleet after a brief respite from social functions attendant upon their visit to California undertook with renewed vigor the endurance test of hospitality of Bellingham. tion seconded by Dr. M. A. Matthews of Seattle. The election of Fullerton has happy significance in that it be longs to so-called southern branch of the church and. is the first moderator that branch has had since the amalga mation of the two churches. Dr. Roberts delevired his farewell sefmon before the greatest audience that ever assembled at any conference of this church.