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About The morning Astorian. (Astoria, Or.) 1899-1930 | View Entire Issue (July 23, 1908)
33rd YEAR. NO. 168 ASTORIA, OREGON, THURSDAY, JULY 23, 1808 PRICE FIVE CENTS MP N Desperadoes Kill One and Wound Ten TWO MORE WILL DIE Bandits in Cemetery Are Sur rounded by 300 Police and ' Many Citizens CHASED 2 MILES BY CROWDS Men Are Thought to be Two ol the Gang That Robbed Saloon the Night Before Shoot Everybody in Sight. ' BOSTON, July 22.-Two despe radoes tonight shot and killed one man and shot ten other persons, two fatally and are hiding in the Forest Hill Ccmetcry with 300 police sur rounding the burial place. The mur derer were pursued by policemen and a crowd of citixens fled (or two miiei through the thickly populated settle ment of Jamaica Plain, firing madly right and left and disappeared in the woods near Franklin Park. The men are believed to have been two' of the gang of three, who robbed a saloon In Jamaica Plain last night after shooting and killing one man and wounding two other. Herbert F,. Knox, the night watchman of Forest Hill Cemetery, who was shot in the abdomen, died late tonight. Mrs, Delia Fallon is one of the most seriously injured of tonight's victims. She was standing in front of her house with her baby, when two men pursued by the crowd came down the street. A they passed her one of , them fired and the bullet entered her head, behind the right ear. She was removed to the city hospital and can not live through the night. -Edward McMahon, a Dorcester po licemen, received a bullet in the abdo men and is dying at the Emerson hospital. It is believed that the des peradoes lay concealed in the Cal vary Cemetery today, white the police are hunting for them. Being driven from their hiding places by hunger, and fearing' that they would be sur rounded by the police who were searching the neighborhood two men appeared on Charles street in Ja maica Plains about dusk and proceed ed to (.hoot up the town, They look ed like Italians and were roughly dressed. Some, of the citizens who had been assisting in the hunt for the robbers saw the men and tried to intercept when they began run ning with revolvers in each hand fir ing at every person in their path. Through the resident districts the front "porches of houses ,wcre thick with people enjoying the evening air while the stre'ts of the business sec tion were filled with the usual throngs. The appearance of the two desperate men shooting to each side as they ran and shouting as if crazy caused a general stampede for cover.' Michael Flynn stopped to. pick tip a stone as he saw the two men coming toward him and instantly one of them fired, the bullet grazing his ear. Another went through his hot. As the fugitives were running along Keyes street they, reached a Washing ton trolley car coming along. "Hold up you - - shouted one of the men waving his revolver about his head. The motorman set the brakes and Conductor Thomas Moore jumped off. Instantly he was the target and a bullet entered his leg. SHOOT B TO ANOTHER DROWNINO. PORTLAND, July 22, While wimming with a num ber of other lads in the Wil lamette, river near Wilson villc, Ore., today, Oscar Lar ten, 18 years old, was drowned in sight bf hit mates, and de spite their desperate efforts to recue him, ' sen, 18 years old, was drowned , in sight bf his mates, and de- , Across Washington street and along , North Keys street the robbers fled I i i . ... . .. i i wkii iiiiumcui vi men iurnuniK ana soon they disappeared in Franklin. shooting down Officer Cox who tried j to intercept them near the Park Gate. I As soon as possible a cordion of po- iikiviiji , invift nun icwivci mm rifles was thrown about the park while thousands of citizens gathered in the vicinity, According to a small boy who saw the two men reloading their weapons in Sandhill near the park, each carried three revolvers. Patrolmen McMahon and Thomp son siKhted the supposed Italians in the neighborhood of the park late in the evening and went down before their well directed fire. Aided by a calcium searchlight 100 police in ad dition to those surrounding the cemetery explored the interior. The officers were confident that they had the men surrounded. TAFT JOINS ROOSEVELT. To Confer With President Concern ing Nomination Speech. HOT SPRINGS. July 22,-Judge Taft left here tonight for Oyster Bay to confer with President Roosevelt concerning his coming speech, ac cepting the republican , presidential nomination. He will arrive at Saga more Hill tomorrow afternoon. Taft will doubtless be the guest of the president Thursday night. He has arranged to leave New York Friday for Cincinnati where he will arrive Saturday. When Judge Taft was in formed of the decision at Chicago in behalf of the Standard Oil Company, he said: "It is a matter which ob viously I cannot discuss." BIG DOCK IN PERIL Freight Laden Wharf at Port land Sliding Into River TWO BUILDINGS IN DANGER Ankeny Dock Has Already Moved Five Feet and May be in Harbor Before the Mass of Freight Can be Removed. PORTLAND, July 22.-Ankeny-street dock, with its thousands of tons of freight, is sliding into the river. Already it has'moved a dist ance of five feet, and is likely to find itself in the bottom of the harbor be fore the load can be, removed. ' Build ing Inspector Dobson has forbidden teams entering on the upper story,, where the weight lies. Two brick J buildings, fronting on Front street, j are threatened .with destruction, as , the. upper portion of the big dock leans against the eastern walls, while the lower-story dock is dropping into the river. ;'' ' i The dock is the property of Couch evett of a second trial. Comprehen Flanders and has' a' frontage', on the sively stated, the assignments of harbor of about 200 feet. It is used by the C. J. Cook Company in storing sand, tile, brick and gravel, and it is the weight of this heavy material on the admission and exclusion of that is' th main cause of the trouble.' evidence v,and embodied in its charge John" Bingham and Rober Smith, a to the jury that a shipper can be con builder and piledriver contractor, ex- victed of accepting a concession f'rdm amined the premises this morning and decided the dock will have to be torn :iway clear to the foundation and rebuilt. irnriT niir IS REMITTED J Standard Oil Case Must Be Rc-Tried TTrt WAT CVIXTTx '. IHAl I fcK NU1 CllDcD The Court of Appeals Reverses Judge Landis on Three Points NEXT STEP IS NEW TRIAL By This Decision Announced Yes day Standard Oil Company Need Not Pay Its Enormous Fine of $29,000,000. CHICAGO, July 22 By unanimous opinion of the United States Circuit Court of Appeals for the Seventh District the famous case of the gov eminent against the Standard Oil Company of Indiana in which the lat ter was fined $2?40JM0y,JuJKS Landis in the District Court must be retried. The Court of Appeals differs with the trial court on three points, hold ing that Judge Landis excluded evi dence for the Standard Oil Com pany, of Indiana, which should have been admitted to show proper intent in the rate tire company paid on oil; that he erred in making each car lot a separate offense and that in impos ing the maximum fine for a first offense, he abused the discretion vested in his court. "It is a strange doctrine," says the opinion, "by which a million-dollar corporation, such a the defendant, the Standard Oil Company of In diana, may be fined 29 times the amount of its capital stock in order to punish a defendant not even tinder indictment." f By this latter is meant the parent company, the Standard Oil Company of New Jersey. This decision, concurred in- by Judges Baker and Seamen, was de livered here today by Judge Grosscup, who wrote the opinion. The con cluding sentence of the opinion reads: "The judgment of the District Court is reversed and the case re manded with instructions to grant a new trial and proceed further in ac cordance with this opinion." rhe opinion begins with a brief statement of the manner in which the case was brought from the District Court to the Court of Appeals. Sec tion six of the Interstate Commerce act relating to the publishing and fil ing of rates is quoted and the opinion continues: "There' are 169 assignments of error, taking up 67 pages of printed record. In view of the conclusion, however, to which we" have come, it is unnecessary to review many of 'these assignments- the ones review- ed covering all the propositions. of law that we deem essential to the guidance of the District Court in the error which we shall review, relate: "First, to the view adopted 'by the trial court carried out in its rulings the lawful published rate even though it s not shown as bearing on the matter ,of intent, that the shipper at the time of accepting such concession, FIRE AT PORTLAND. . PORTLAND, July 23- Fire broke out at 12:30 this morn- ing in the Abington building, located in the heart of the city, But little wind is blow- ing, and although the blaze is exceedingly spectacular, there appears to be a good chance that the fire will be confined to the structure in which it , originated- The fire was brought under control shortly after 1 o'clock, being confined to the buildintr where it started. The damage will run into thousands of dollars. . knew what the lawful published rate actually was: "Second, to the view adopted by the trial court that the number of the of fenses is the number of carloads of property transported, irrespective of whether each carload was the whole or the part only of a single transac tion resulting in a shipment; and, "Third, whether in the imposition of the fine named, the trial court abused the discretion vested in the court." The remainder of the court's opin ion is lengthy and technical. BASEBALL GAMES. American League. Washington 0, Detroit 6. Philadelphia 3, Cleveland 4. New York-Chicago game postpon ed; rain. Boston 2, St. Louis 4. - , . National League. Pittsburg 2, Brooklyn 1. Cincinati 1, Philadelphia 2. Su Louis-New York game postpon ed; rain. Northwest League. Vancouver 4, Tacoma 3. , Pacific Coast League. Oakland 4, Portland 1. San Francisco 2, Los Angeles 1. HAS NOTHING TO SAY. NEWPORT, July 22.-President Roosevelt made no comment when informed of the action of the circuit court of appeals in reversing the Standard Oil case at Chicago. TO STUDY THE EVIL Chicago Social Problem to Be Investigated REV. HARTZELL'S NOVEL IDEA Proposes To Organize a Committee Of 100 Prominent Men, To Study The Conditions, That He Claims Are Growing Worse. CHICA.GO, J July 22.-The Rev. Culver Hartzell of South Park Ave nue jm. Church, who has been trongly in the public eye lately as a rusader, has a novel idea for curb ing the social evil in Chicago. He proposes an -organization of a com mittee, of 100 prominent men in the city, to be selected from- the various walks of life to study the evil scien tifically and make- recommendations to the city for legislative action. Believing conditions in the city are worse now than ever before Mr. Hart zell desires the investigation to be made from every aspect physiologi cal, economic, social and legislative. He wants physicians, lawyers, editors, ministers business men, settlement workers and college professors to co ordinate their method as members of the committee. He proposes that the committee emulate the work of the New York committee, of SO which recently made a thorough study of the saloon prob lem in New York, i ' YANKEES TO THE FRONT Make Good Showing in Olympic Finals WIN THREE EVENTS Irons of Chicago Gets Broad Jump and Bacon the 400 Meter Hurdles WRESTLING HUTCH IS OURS Yesterday Was Really the First Fine Day Since the Opening of the Oly mpic Games and Attendance Was Gratifyingly Large Fine Records. YESTERDAY'S WINNERS. Broad Jump Irons, Chicago, 24 feet 6 inches; Dan J. Kelly, Irish American A. C, 23 feet 31 inches; Bricker, Canada, 23 feet 3 inches. 100-meter sprint Walker, South Af rica, 10$ seconds; Rector, University of Virginia, second; Kerr, Canada, third. - Featherweight wrestling, catch-as- catch-can Dole, Yale, first 400-meter hurdles Bacon, . Irish American A. C, 55 seconds; Hillman, New York A. C; Tremer, United Kingdom. LONDON, July 22.-This was the first really fine day since the opening of the Olympic games and the offic ials at the stadium welcomed an at tendance exceeding that of any prev ious day except Saturday. The fine weather was especially fortunate, as the final in the 100-meter dash, in which the public had the greatest interest, was on the program- Those in the final were: R. E. Walker, South Africa; R. Kerr, Canada, and J. A Rector and N. J. Cartmell, America The experts were wary about at tempting to pick the winner of this event, although most' of them pre dieted it would be either Rector or Kerr. The Americans were rather unlucky in the draw in the 200 meters flat event, having one man, Hamilton, in the first heat, who is opposed to Kerr, Canada; Rodocsy, Hungary, and Gut tormson, Norway, while in the second heat no less than three Americans Sherman, Cartmell and Hurt -were drawn with Alftman, Sweden. In the third heat there was but one American drawn against Reed, Hurds field 'and George, of the United King dom, while in the fourth heat Haw kins and Roche, of the" United King dom, complete with Malfait, France. The draw was even worse for the United Kingdom than for the Ameri cans, as they had their five men bunched in the last two heats. In the first section of the running broad jump at the Stadium this morning, Cook, American, was first with a jump of 22 feet 101 inches; Bellah, America, second, 21 feet 9 inches; Haley, Hungary, third, 21 feet 51 inches; Bleaden, United King dom, fourth, 21 feet U inches. In the second section, Dan Kelly, American, covered 23 feet 3i inches, beating Ahearne and Bellerby, the Unitedv Kingdom's best men. In the third section, Irons, America, jumped 24 feet S inches, beating the Olym pic record. Mount Pleasant, the Car lisle School Indian , athlete, was sec ond to 'Irons, with a jump of 22 feet 41 inches. Williams, United King dom, was third, 21 feet 10 inches. The final in the 400 meter hurdle race was won by J. C. Bacon, Irish American A. C. Harry L. Hillman, New York A. C, was second, and Tremer, United Kingdom, was third. The time of the winner was 5S sec onds. 1 In the first heat of the semi-finals 200 meter flat race, Kerr, Canada, beat Hamilton, America, by the bar est margin, only a foot. Time, 22 seconds. Martmell, America, won the second heat, with Sherman and Huff, Ameri ca,' second and thrd. Time, 221 sec onds. , j The third heat went to Cloughen, America, in 22i seconds. Hawkins, United Kingdom, defeat ed his teammate, Roche, in the fourth heat by a yard in 22 second.s No Americans were drawn in this heat. In the first bout in the wrestling match for featherweights up to 133 pounds, Dole, American, defeated Cocking?, . United, Kingdom, on points. In the second bout, catch-a3-catcfr- can, uole, America, beat Webster, United Kingdom. In the semi-final of the catch-as- catch-can Dole threw McKie, United Kingdom. G. S. Dole, Yale University, won the final in the catch-as-catch-can wrestling match, defeating Slim, Eng-. land. In the second section of the run ning broad jump, John J. Brennan, Marquette University, was, second, with 22 feet 61 inches; Weinstein, Germany, third, 22 feet 21 incfies; Ahearne fourth, 22 feet I inches, and Bellerby fifth, with 21 feet -li inches. In the fourth section, Murray, United Kingdom, was first with 22 feet i inch; Lukeman, Canada, sec ond, with 21 feet 7 inchesf and Watt, United Kingdom, third, 21 feet 'l inch. There were no Americans in this section. In the fifth section Bricker, Canada, was first, 23 feet 3 inches. There were no Americans competing. F .C. Irons, Chicago A. A.; Daniel J. Kelly, Irish-American A. C, and Bricker, Canada, qualified for the finals. ? In the final of the running broad jump, F .C. Irons, Chicago A. A., did 24 feet 61 inches, which is a new Olympic records. HAY SAVE ANUBIS Unless the Hole Punctured in Hull is Too Large 16 FEET OF WATER IN HOLD Plenty of Provisions on Board For the 68 Passengers and Crew Who Are Patiently Awaiting Transporta tion to Land. SANTA BARBARA, Cal, July 22. Safe on Flea Island, with plenty of provisions and shelter, for the 68 pas sengers and crew on the freight steamer Anubis, which was wrecked early Monday on the sunken reef off San . Miguel - Island, are awaiting transportation to the mainland. Captain Van Salsen of the Anubis has hopes of getting the vessel off safely. The wreckers will take ad vantage of the favorable weather conditions and make every effort to get flie vessel into port, With 16 feet of water in her hold, the steamer leans fast on the rocks with a chance for saving her dependent of the size of the hole in her bottom. Captain Van Salzen explained to Captain Nidever of the tug Ynez that his fail ure o reckon shoreward currents set ting in at the point of Conception caused the wreck. Captain Nidevar does not believe the vessel can be saved. He thinks that sharp rocks have punctured the vessel's hull. The passengers will be brought to Santa Barbara as soon as transportation can be afforded, '