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, '