'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.