V.
" HOME MADE.
G
OOD EVENING.
The WMtbtn
' Tonight and Saturday,'
warmer tonight; brisk to
southerly winds. - ,! ...
VOL. II. XO. . 261.
Kansas Requisition for D.
' R. Nelson Refused by,;
Chief Executive. -
BITTER PERSECUTORS
Tale of Kansas Killing and How David
R. Nelson Warned tils Brothers
That a Warrant Had Been
Issued for His Arrest.
Governor Chamberlain heard a requi
sition,, case in. his : offloo last night
against David R. Nelson, an attorney
of Portland, who was charged in the
requisition from the governor of Kansas
with being 'accessory after the fact to
the crime of murder. Two- deputy sher
iffs had come from Independence, Mont;
gomery county. Kan., with the requisi
tion. The authorities of Montgomery
county had been looking for Mr. Nelson,
they said about a. year. Thw requisition
- was promptly denied, and the Kansas of
ficers will have to go back home without
: ' htm. '' v v.- - ;. v . ;
John Nelson, a brother of "David R
Nelson, shot and killed Albert Morris in
a: quarrel September 4, 1901. Ha was
convicted of manslaughter In the second
, degree.- A -motion for a riew trial was
granted and pending the second hear
ing the defendant, was -released on his
own 'recognisance. . On the date set for
j the second 'hearing of the cane, May 2S,
i ,1903, John Nelson did not put In an ap-
'pearance... ; His recognisance was de
clared forfeited; and a bench warrant
was Issued for his arrest.
.. Governor Xefusea to Act. .,
David R. Nelsjst heard that the war
rant was out tf-yM brother, and so in
formed, him . John Nelson' left the
county as soon as possible, and Is said lo
have been last heard :of in Oklahoma
Because he , told his' brother about the
warrant the situation became -so. unpleaa
' ant for David R. Nelson that he went
. first to San Francisco, then to this olty
where he has since been practicing law.
In the search for the fugitive John Nel
son, two other persons were accidentally
shot and wounded. One- of them was a
deputy sheriff who was crippled for life
This caused a bitter feeling In the county
t against the.. Nelson brothers, and Dis
trict Attorney Manning, who appeared in
r the requisition proceedings for the state
of Kansas, says that feeling In Mont''
gomery county "against the Nelsons la
still high, L Mr. Manning added, this
morning, that he was not much of
man who would not inform bis brother
that a warrant was out for his arrest
Governor Chamberlain also took the
same view last, night He first denied
the requisition-on the ground that it
was based on Information of a district
attorney which Is not sufficient under the
constitution of the United States. .The
requisition should have been Issued
either an affidavit before a magistrate
or on indictment by a grand jury.
. Neither of these courses had been fol
lowed In this case. ; The governor also
decided that as David Nelson's brother
had been found guilty of manslaughter
in the second degree 'he could not be an
accessory to .the crime of. murder as
charged In the'requlsltlon. And the gov
ernor also remarked, after the hearing,
that he did not think much of a man
who would not, save his brother from
the penitentiary. .
Statement by Xr. Kelson.
David R. Nelson is the father-in-law
of Dr. E. H. Thornton. He prepared
the following signed statement of the
circumstances of the case today :a
My brother, John'Nelson, has resided
ill the Indian Territory. 35 miles from
Coffeyvllle, Kan., for about 15 years.
On the 4th day of September; 1901, he
killed Albert, Morris in a fight at Cof
feyvllle, Kan. I was in the city of New
York, and in answer to a telegram went
immediately to Coffeyvllle to assist him
in any way that I could. I. found that
he had three lawyers employed, and was
Informed by all of ihem that it was a
clear case of self-defense. lie was in
dicted at the October term of the dis
trict court, of Montgomery county,' and
the cause set for trial October IS, and
the defendant was denied an, Additional
week to prepare for trlafc He was eon-
.vlcted of manslaughter , in the second
- degree. A motion for. a new trial was
overruled, and the case .was appealed to
' the supreme court.
I never appeared in the case until it
1 was tried in the supreme court. I can
safely say that there were fully 60
errors committed by the trial judge,
upon which .the. case would have been
1 reversed.
In the opinion reversing the case.. the
... supreme court says: . "Defendant claimed
:., (Continued on Page Two.)
DENIES IT
GALE RAGING OFF
A, heavy gale is raging off the coast
of Oregon and Washington and naviga
tors ready to put to sea have been ad
vised to keep their vessels In a safe
harbor. The wind Is traveling at the
rate of, 60 miles an hour; at Juan de
Fura strait and off the mouth of the
Columbia. , . . . " - .' ..
While this la considerably less than
At the time of the last big' windstorm In
Dcvombcr, .District lgrecaster Bqwls
GO ODS FOR
ruin;
high
.
VICE-ADMIRAL YAMjftiOTO.
- Japanese Minister of Marine.
THEATRE HAD
EnrouraEB ' or - xxoquoxs ; tiui
' JTTIIT , THAT tEEU Wt&S ; XO
AXABM BOXES OB KOSERir " AP
VABATVt SIT THE TrnatHCr
' BOOBS LOCKED BT ZBOST BASS,
(Journal Special BefTlce.)
Chicago, Jan. 8. T;he most sensational
testimony since the coroner began his
Inquiry . in the , Iroquois disaster, was
given by . Robert .Murray,- engineer of
the ill-fated building, at this morning's
sessionf-He';' " said the "cttrtaihs 1 were
operated by hand 'and counter weights,
that, the fire fighting., apparatus con
sisted of two 'tubes of Kilfyre IS inches
long, : no -other protection, against Ore
begin', on the stage. The standpipe in
the rear of the stage never had been
supplied, with-hose and under the foyer
there were but 60 feet of two-Inch
hose, this constituted the entire Are
fighting, apparatus, of thai portion of the
house. - In the theatre there were four
small reels of hose which, when used,
had, to - be connected ; with - the water
meter and atandpipes,' whose locations
were known only to workmen. There
had never been any drills for Area and
no instructions had ever been Issued to
the employes. The witness admitted he
knew hqw to use the greater portion of
the fire apparatus, ' but he never had
instructed the assistants. The exits
were draped with red plush curtains, but
were held outside by heavy iron doors
barred, bolted and operated with levers.
The wltnosa admitted that no one was
familiar with this system. The levers
could unlock the doors : but no signs
appeared above the exits. He said ther
wv three locked exits, one from each
balcony, and that four, pairs of iron
barred doors closed the down .stairs
exits. There were no sprinklers above
the stage or a fire alarm box. in the
house. When asked what r he ; expected
to do in case , of Are he said he' depended
on going to the front office and using
the telephone. He said he never saw the
skylights opened. . .
ANOTHER RAILROAD
HORROR RECORDED
- (Journal Special Service.)
Cumberland, Md., Jan. 8. A Baltimore
& Ohio double-header crashed Into . a
freight train at Evltts Creek early this
morning, ; thus adding another railroad
horror to the . long ltst " . Both engines
were demolished. Fireman . Kefauver
was Instantly killed, and Engineer Rob
erts died shortly - after. Engineer
Humphrey was fatally, and Fireman
Conrad seriously injured.' '
. SEKOCSATS TO DOTS. ,
'"- (Jonrul Special Service.)
Philadelphia, Pa., Jan. . 8. The- Old
Hickory club, of Philadelphia has made
elaborate arrangements roc Its Jackson
day banquet to be given tonight at the
Hotel Belle vue. .Two hundred and fifty
Invitations have been Issued to Demo
cratic leaders ' throughout the country,
and the club anticipates' the largest
gathering of representative Democrats
of the nation that has assembled In
Philadelphia for many years.
'--4 1
pi'
v
PROTECTION
OREGON COAST
says . that it is dangerous for any but
the staunchest of vessels. He ordered
storm warnings to be displayed yester
day 'afternoon ar the mouth of the Co
lumbia river and at the entrance to
Puget sound. He gave similar orders
for signals to be displayed at Oray's
Harbor, Seattle, Tacoma, Everett. Ana
cortes, Bellingham Bay and kt other
Sound points - this morning. . Mr. Beals
says the present indications- are that
the storm will coutiuue for 24. hours.
PEOPLE " - -
PORTLAND, OREGON, FRIDAY EVENING,
ATE
Ihl tlLlf I
!:'; ,:-;:,?:4l,-';:, ffj
PEAi
Belief Is. THat'Rttssia and Japan Are Both Silently -En-.
gaged in Hostilities and Only Wait for the Signal
. '' Gun to Announce Open War.
London Receives Reports That Are Ominous, but
Hope That England 'and. France Are Seeking
the Expected Combatants as i. Last
(
' LondQn, Jan; g.Authentlo reports from St. Petersburg;, Tokio. and Seoul received at the foreign office
today leads officials to believe that both Russia and Japan are practically engaged in silent warfare, or in
words better suited to the situation, every preparation for active hostilities have been made and it only
awaits Japan's perusal of the Russian reply to the Mikado's last note when "begin firing" will- be sounded
" along; the-lines of troops in Korea and among the war fleets of both powers now in far Eastern waters.
. it is known beyond question that the reply now In the hands of Japan is wholly unsatisfactory, to the
pepple, who continuall.y cry for war.,. , : , : 4
Today the emperor personally' inspected 26,000 soldiers at Tokio. Only one gleam of hope for an -
avoidance of war comes in a brief dispatch from Tokio this afternoon which stated that all the elder states 4
men of Japan are meeting today and a sentiment Vas expressed that a way out of the difficulty might be 4 ,
found.- -s. .... -'J : . . - J 1
' All telephone lines between London and Paris were utilized for about two hours today by the British
government. The subject, of conversation is believed to have had an important, bearing on a rumored
mediation in the far Eastern dispute by France and Great Britain. " '. ,
t t
(Ban FMriclieo Bureau of The JoornaU !
-San Francisco, Jan. 8. The far East
develops nothing but rumors. Most o;
these rumors are'to the conclusion that
the first shot miy be fired before the
next 24 hours, but advices from London
still tend to create the impression that
ttussla is striving; to avoid conflict.
Cablegrams, today are of a very ansatis
factory nature and somewhat contrar
dlctory. One firm here received a mes
sage stating positively that war Is on
and that it is useless to think of peace.
Another massag states that the influ
ence of France and the United' States
Is being exerted -and. that Jti may be
favorable to adjustment . Meantime the
movement of troops and warships con
tinues on orders from both Japan and
Russia and a conflict is likely at any
moment Local Interests are of the
opinion that war is already on and that
the preliminary diplomacy of nations
involved is merely to satisfy the powers
that the usual precautions were taken
by both sides to prevent trouble.
r WAB OOBBESyOWDEWTS OO.
; (Baa Francisco . Bureau of The Journal.)
San Francisco, Jan. 8. That war be
tween Russia and -Japan Is only a mat
SCENE OF EXPECTED HOSTILITIES
THAT SHOULD
VAR OR ULTIMATE
THE WORLD
ter of a few days at least, is evident
from, the tone of all dispatches from the
Orient. Aside from ' this ' theTe is an
unusual amount of stores and war com
missaries being shipped from this port
and placed In storage here. . ' !
The steamer Siberia was - detained
several hours last night to await east
ern War correspondents' arrival. They
Were Oscar Davis of the New! York Her
ald, Fred Palmer of : Collier's Weekly,
with Artists Dunn and Hare, Lionel
James of the London Times, D. 8.
Fraser, the black and white artist;
Sheldon Williams of the London Sphere,
and Perclval Phillips 'Of-the London Ex
press. The delay was really en account
of Mr. - Davis,-whose-train' was three
hdurs late. E. H. Harriman ordered the
vessel held - In harbor and j.he tug
brought Mr. Davis from the pier to the
vessel's anchorage. ;
xmvxirsB OA&ao or xxtbatbs.
(San I'ranclaco Bureau of The Journal.)
' San Francisco, Jan. S. The cargo of
Pacific, mall steamer Siberia, which
sailed yesterday, is in itself significant
of the approaching trouble in the Orient.
The steamship carries 800 tons? of ni
trates, -'which are undoubtedly intended
DEi THE" MOTTO OF EVERY
JANUARY 8, 1904.
Relief Comes From the
to Mediate Between
Diplomatic Move,
for the manufacture of gun powder. The
nitrates are going on a rush order and
not in . the usual course of shipment,
which has hitherto been to send the
stuff direct from Chile, to China. That
method was found too slow for the
praaent emergency, and for that reason
the cargo of the British ship Edenmore,
from Chile, has been trans-shipped in
this port to the Siberia. . Besides the
nitrates the steamship carried a large
consignment of pig lead to Japan,
which may be wanted for bullets, and
250 barrels of alcohol, which likewise
may be used in the manufacture of. war
material. .
. prSTBABOO OOES XTT.
(Ban FranclMO Boruu of The Journal.)
, San Francisco, Jan. 8. C Harri
son of M. C Harrison A Co. said today
that his offlcethad received a number of
cablegrams from London and Liverpool
that Indicated the seriousness with
which business men in those cities re
gard the situation in the Orient He
said:; .'-:. .
"Inuuntocn on Japanese steamers at
the opening of Lloyd's in London thla
morning . began to Increase. .Advices
(OmXtrmefl on Page TTwaJT
rf
N
, f 7Jf
mm
A
m..
ADMIRAL ALEXIEFF.
Russian Viceroy in the Far East
TO
COLOBADO OrnCEBU DECUtE
W1STIAL LIT. OTEBBUXB TBTB
COVBT AB9 DECIDE TO COHTimS
m Btna. war abtd XiAteb depob
TJUKEBS, WZTE8 ABT OB3X.DBEX
' (Journal Siwlal' Sertlce.l r'
Cripple Creek, Col.t Jan. 8. Colonel
Verdeckberg and all the district post
commanders held an executive council
of war this morning. They decided to
Ignore Judge Seed's injunction issued
lasttntght restraining them from inter
fering with or arresting strmers on va
grant orders. They will begin whole
sale' arrests of all ? unionists today.
Strikers will be thrown into the bull
pen, at Camp Garfield before any legal
steps can be taken, and . will , then be
loaded on special trains and deported
from the country. The wives and chil
dren of the strikers who call strike
breakers scabs' or other insulting epi
thets will also jbe arrested, bullpenned
and deported. Civil officers who at
tempt to serve papers will be treated
likewise.
KISHINEFF MASSACRE
FAILS TO HAPPEN
(Journal Special Service.) "
London, Jan. 8. No news has been
received from KlshinefT today, indicat
ing any disturbance. A letter was re
ceived from Russian Minister Plevne to
day, He scoffs at the idea of a recur
rence of the anti-Semitic riots. ,
SEARCH SPECTATORS
FOR HIDDEN ARMS
(Journal Special Berrlce.)
Chicago, Jan. 8. All morning per
sons in the courtroom where the car
barn bandits t are on trial were being
searched for concealed weapons. Strong
men protested but were compelled to
disrobe. The matrons had a very dis
couraging; time with sentimental female
spectators, - many of whom decided not
to watch the. proceedings. 'The Jury is
still incomplete. - '
FIERCELY FIGHTS,
THEN KILLS HIMSELF
i (Journal Special Berrlce.)
Trenton, N. J., Jan. 8. Prisoner
Brooks died, and Keepers Fitzgerald and
Harney were wounded In a riot in the
state prison today, caused by Brooks'
attempt to escape. He knocked Harney
down with an iron bar, seised; his pistol
and shot right and left He was Anally
overpowered and taken to - a dungeon
where later, he was found dead, having
hung himself. ;. . r
SOCIALISTS ACTIVE.
Little Rock, Ark., Jan. 8. The Social
ists of Arkansas 'Intend to take an act-
. lve part in the coming state campaign
i and preliminary plans with this object
in view were discussed at a state conven
tion begun here today. A state political
organisation is to be perfected and can
didates named for all the state offices
to be filled at the election next fall.
HEN
MADE
SUFFER
WRONGS
SENATOR DIETRICH i
FREE FROM CHARGE
(Journal Fpeclal Service.)
Omaha, Neb., Jan. 8. Judge Van De
vanter in the circuit court this morning
Instructed the. Jury t?i ''return a verdict
of not guilty on the Indictment against
fcieiwtor iiclrkh, charging hnn with re
POR.TLAND
PAPER ,
Ever Printed in Portland has Ap
proached THE JOURNAL'S Record
of Enormous Gain in Advertising dur
ing the last three months of last year.
PRICE FIVE - CENTS.
RAISED T
President Nominates Sev
eral Major and Briga
dier Generals.
RANDALL IS PROMOTED
Advancement all 4 Along the Line Fol
lows the Immediate Retirement
- of Many of the Fortunate .
Army Officers.
(Washington Bureau of The Journal.)
Washington. D. C Jan. 8. President '
Roosevelt today sent the following nom
inations to the senate: MaJ.-Uen. Abna
R. -Chaffee to be lieutenant-general,-'vice
Young retired.
- The following brigadier-generals to
be major-generals: Kobbe, Sanger,
Bates, Randolph and Gillespie. All but
the last one named will be immediately
retired. ... '
Colonel Dodge, assistant paymaster'
general, to be paymaster-general, with,
the rank of brigadier-general, vice Bates
retired.
Pnlnnel Murlfpiiila in ha chief of en
gineers, with the rank . of brigadier
general, . vice Gillespie promoted. Col
onel Story to be chief of artillery, with,
the rank of brigadier-general, vice Gen
eral -RandoIphetiredV i
r .The following colonels and. lieutenant
colonels to be brigadier-generals: Her
decai,. Haskell, Hathaway, Taylor. But
ler, Allen,' True,, Coxe,, Line, Dougherty,
McCakey and Mills, the latter now being
superintendent of the West Point acad
emy. All but the last two will be lm-'
mediately retired. .
. Also the nomination of Joseph McCar
thy of Minnesota tS be auditor of post
offlce department was made.
KISHINEFF PLACED
UNDER MARTIAL LAW
(Journal Special Service.) (
' KlshinefT, Jan. 8. Last evening the
governor here issued a proclamation
warning all citizens that the city re
mains under martial law, and, threaten
ing with severest penalties any dis
turbers of the peace, and the civilised
world gives a eigh of relief this morn
ing. ' Russian Christmas has paused and
.the threatened massacre of the Jews of
KlshinefT, which was planned, has been
averted. It waa averted through direct
intervention of public opinion centering
on Russia. .
BESPOirsrBUE roB vzAcna.
Berlin, Jan. 8. The Russian minister
of the interior. M. Von Pleve, has made
himself personally responsible to the
csar for any fanatical outbreaks against
the Jews at KlshinefT or elsewhere, dur
ing the holidays. - according to private
telegrams received here from St Peters
burg by the "National Zeltung," and,
he has also issued comprehensive pre
cautionary orders.
THOMSON'S SUCCESSOR
NOT YET NAMED
(Journal Special Service.)
Washington, . Jan. 8. Neither Sena
tors Mitchell , nor Fulton will express
themselves on the subject of a succes
sor to Asa B.. Thomson, formerly of the
La .Grande land office, and whom Secre
tary Hitchcock, yesterday announced
would not be reinstated, by order of the
president ?v
It Is understood that the full record
of the trial of Thomson was gone, overs
and although Mr. Thomson was ac
quitted, the high authorities believe tha t
his 'acquittal was : largely due to tho.
character of the men who brought the
charges, rather than the quality of the
defense. , .
LEWIS AND CLARK
MEMORIAL PRESENTED
: Washington Bureau of Tbo Journal. .'
Washington, JanXV 8enator Mitchell
"today presented in theVienate memorials
from the Oregon legislature petitioning
congress to take favorable aetlon on th
Lewis and Clark exposition measure, and
favoring an Increase in the pay of rural
free delivery carriers to J8O9 per annum.
" STXTAIT Will. SEND EXHIBIT. '
(Journal Special Hrrrhv
Constantinople, Jan, 8. -tlie a 11 It rut,
on reconsideration, has deckled to sivi .
an excellent Turkish exhibit, to the Ht,
Louis fair.
ceiving bribes In connection with tie
poatottlce aa llastlnK- The c-vtrt r'.!'' J
that Dietrich wan riot a aenator i.nt.l
sworn Intd the senate, and li,e h."
of bribery in cff.inect.lrn with f x"1 '
olllco tvukl ot'.un vJ jti-i l ti .il t , J. ,
HIGH R A