OOD EVENING. Tonight nd Wednesday, prob ably (air; cooler tonight; wssterly winds. VOL. HI. NO. 284. PORTLAND, OREGON, TUESDAY EVENING, NOVEMBER 22, 1801 FOURTEEN PAGES PRICE FIVE CENTS. DEFENDANTS IN THE LAND FRAUD CASES PLACE THEIR HOPE VERY LARGELY IN THE STATUTE OF LIMITATIONS .. , t ! Jsnanamnl ALL SIX OF ACCUSED FACE JURY IN COURT t- f -- ' v . 'typi First Legal Clash of the Hearing Is Over the Introduction of Al- - lcged Forged Filings John Hall Opens for the Government With a Strong Indictment O'Day for the Defense Indulges in Sarcasm E. A. Griffin, merchant. Dufur, Wasco county. Richard Waugh. farmer and ateckralaer, Pendleton. " John D. Bridges, contractor. Portland.' J. I.. Howard, farmer and atockralaer, Heppner. Morrow county. J I Barnhouae. farmer and atockralaer. Wheeler county. O. H. Newell, atockralaer. Lake view, liake county. ' A. Bteveaa, .farmer. Albany, Linn county. e A. D. Austin, merchant. Woodburn, Marlon county. J. C Wetherly, farmer. Wallowa county. C. H. Duncan, farmer, Baker county. M. H. Dilly. contractor. Benton county. I. M. Foster, farmer. Clatsop county. e The first reconnalaanoe which opened the great 'legal battle orer Ota land frauda. on trial before Judge Bellinger In the federal court, developed th fact thla morning that on of th mala de fenses upon which th accused rely W the statute of limitations. The flrat documentary evidence offered In behalf of the government was Instantly chal lenged by the attorneys for th defense, and the arguments, which had not been concluded when court adjourned at noon, made it plain that strong reliance Is placed upon the contention that the In dictment cam too late, the conspiracy Charged being barred, notwithstanding the fact that some of th fraudulent acts com within yie statutory limita tions Of three years. Th contention Is ridiculed by the gov ernment's attorneys, who Insist that as the conspiracy was not fully cooaum mated until some two years ago. every step in the chain of fraud may be proved. First Witness Called. Th presentation of evidence has be gun. With an expedition scarcely ex pected the jury, waa secured yesterday afternoon, th addresses of counsel were made this morning, and shortly before noon Charles E. Moores, formerly reg ister of th United States land office at Oregon City, was placed on th stand by th government as its first witness. Mrs. Emma I.. Watson was th first of the defendants to appear at th opening of court this morning- She waa attired In a neat-flttlng navy blue tailor-made suit, with stylish hat to match, and her general appearance waa obviously more cheerful than during the proceedings yesterday. Defendant Puter came In Immediately afterward and occupied a swat by bar Side. He was followed In a few minutes by all the other defendants and they listened with rapt attention to th opening atatement of Mr. Rail. ' Every seat In the dingy room of th cramped quarters provided for the cele brated case was tilled long before th hour set- for th hearing, and the sign "standing room only" could very well have been diaplayed. as the entire avail able space was occupied by a curious crowd attracted by the great notoriety that has been given the ess. , Judge Galloway. receiver of th United States land office at Oregon City, created considerable Interest by occu pying the bench with Judge Bellinger at this morning's proceedings. Th six defendants sat aid by slds behind ths attorneys and they were the canter of all eyas. Mrs. Watson and Mlaa Ware, stylishly dreaaed and seem ingly unconscious of the constant scrutiny of th throng about them, ware quiet but deeply Interested listeners to the arguments of counsel and th ooea elonal crossfire of comment and reply which passed between th sttornays. Puter. McKlnley, Walgamot and Tarp ley seemed to show less composure than their feminine co-defendants, and at FIFTY THOUSAND IN HOOD RIVER LANDS (Hew-tal Wepstek te Tee JoernaL) Hood Rlv?, Or., Not. 12. Tt la report ed here that the syndicate of Buffalo, M. T., capitalists, of which J. H. Van Horn Is a prominent member, contem plates further purchases of property m this section. Last year the syndicate Invested ISO.000 In orchard landa in th valley, and It I gtven out from a good source that so. satisfied are they with the results of their Investment that they propose to acquire more lands Mr. Van Horn has been her recently superintending the shipment f this year's crop to New Tork. In th me tropoUa their choice applea are sailing times they grew restless under th dls trtct attorney's tailing arraignment. One of the significant incidents of to day's proceedings was United States Dlsrlct Attorney Hall's declaration to the jury that If the government had been in the possession last spring of the evidence which it now has. others who have held high official positions would also have been Indicted. "You may think it strange." aald Mr.L nan. in view or me proor sec urea 10 convict these defendants, that others in high positions are not occupying seats by their aides; but when it Is known that at the time th federal grand Jury returned ita indictments. It did not have sufficient proof of official misconduct to connect them with any conspiracy, you can readily understand that the only Issue before you now is the question of the guilt or Innocence of these defendants." Congressman Btnger Hermann, who United States land commissioner when th Puter-McKlnley ring was carrying on ita operations, and whose personal order caused patents to be lasued upon the fraudulent applications, is one of those who will be forced by th government to take th witness stand. He has been served with sub poena and la expected In court tomor row. Th opening of addresses of counsel to the Jury occupied most of ths morn ing eesslon. United States District At torney John Hall, who opened for the government, spoke briefly but clearly confiding himself to an outline of the frauds charged by the Indictment. He explained to the Jury that while Mia Ware and possibly Horace McKlnley are accused of having forged the names at tached to certain homestead applications, th real question at laaue in this trial Is whether the defendants wars guilty of a conspiracy which had for ita ob ject th obtaining of lands In township 11 south, rang 7 east, of th Willamette meridian, in an unlawful manner. Ths history of th Cascade forest re serve waa briefly narrated. "Much of the sand covered by theee entries." aald Mr. Hall, "la wild, rocky and uninhabitable, and of no value to anyone except for th purpose of ex changing it for scrip. Ws shall show that Cm ma Watson, under the name of Emma Porter, appeared at th Oregon City land office and mad a filing, alleging that an had mads settlement upon certain land and had established her home there. She produced evidence in support of this statement, and we are satisfied that th evidence was fictitious. Afterwards the papers were approved and aent to Washington and patent was issued to Mrs. Emma Porter. ho conveyed to Mrs. Emma Watson. (Continued en Pag Two.) st $ a box. They would be sold her at 11.75. Improved landa In the lower valley are now selling at from f ITS to 140 an acre Its value baa been Increased three-fold during the paat three years. In the up per valley unimproved lands sre selling around tit an acre. On the opposite side of th river, in the Whit Salmon valley, there Is an abundance of land that la considered Just aa good as th beat of the lower valley landa. It la undeveloped to a large ex tant, however, and Its real value has never bean determined simply of a want of railroad faculties. ewas Miss Alice Roosevelt, Daughter of the President. Her Injury in an Au tomobile Accident Is Attributed by Her Superstitious Friends to a Pet Chameleon Which She Constantly Wears. ALICE ROOSEVELT IN AUTO WRECK 1 Special Service ) , Greenwich. Conn.. Nov. 22 It was learned today that one of the party In an automobile belonging to Robert Goe let. Jr., which waa wrecked on the Boa- ton Post road laat Saturday morning, waa Mlaa Alice Roosevelt, daughter of the president. The chauffeur was driv- ng the machine at a speed of 40 miles an hour when it struck a atone, awarved auddanly, and he loat control. The ma chine daahed up an embaiucment and overturned. I Th entire party had a narrow escape from -being killed. Th party returned by the Stamford trolley line. Mlaa Roosevelt waa recognised try sev eral people and ber dlahelved plight at tracted much attention. Neither Miss Roosevelt nor any of ths party suffered any Injuries beyond se ver bruises, although ths chaff eur sus tained a lacerated face. The superstitious are Inclined to point to th chameleon fad of Mlas Roossvelt ss responsible for th numerous acci LAWSON IS SUED ON CHARGES OF LIBEL Citizens Will Combine for His Aid in Case He Sub stantiates Charges. (Joerasl Specie! Berries. 1 Boston, Nov. 12. The Poet this morn ing says: "Papers in a suit for 1350.000 war served yesterday on Thomas Law son. The suit was brought la the in terest of New York parties supposed to be satins for th Standard Oil Inter eats. "The suit Is ths result of alleged dis closures mad by Xawson In his chap ters on "Frensled Finance." 'Xawson defies tbem and welcomes th suit He says he will be able to expose some unjailed criminals before he gets through.4 It Is alee stated that the widow of Attorney George Towle will sue Law son for libel. Individual suits by ex members of the legislature are said to have been begun In Concord. Concerted action by a large number of cltlaena to aid Lawsqn la probable should tha charges of wholesale bribery be substantiated. Beyond th fact that tha papers in the ault for $.150,000 were served on Lawaon through th sheriffs office, and that Frederick R. Coudert and Paul Pul ler of New Tork are entered as th plaintiffs, nothing la known. The bill of complaint la returnable December 1. It Is said that Coudert and Puller repre sent the Standard OM company and sev eral Insurance Companies which Lawaon attacked. mat - dents that have befallen the house of Roosevelt within the paat fsw weeka. Theodore, jr., narrowly escaped being thrown beneath the wheels of a cab In Waahtngton but a short time ago and the president, but a few days before the election, while hurdling a fence, waa thrown so heavily that he was rend ered unconscious and suffered a more se rious strain of th back than at th time he wss subjected to a hard fall through Ju Jutse wrestling. In all these cases attempt to suppress the news of th mishaps have proved vain. The president laughed and was non-communlcatlve over the escape of hla son and was reticent regarding his own mishap. Hla evident suffering, how ever, from the result of his fall bespoke th truth of the story ss well ss though he had given oral confirmation. Mlaa Roosevelt, following in th ax ample of her father, baa constantly de clined to be interviewed regarding her own narrow escape and th Ooelesta did their utmost to prevent publicity. SINGER, 24, TO WED $2,000,000, AGED 62 Edgar A. Accetta, a Young Bari tone, Will Marry Wealthy Mrs. Stelle His Patroneee. (Jeeraat teectal Service.) New Tork. Nov. It. Mrs. Fannie Sur dam Stelle, aged 12, who has a fortune of 12.000.000, haa announced that aha la about to marry EM gar a. Accetta.' aged 24. a baritone who was brought to pub lic notice under Mrs. Stelle'a patronage, and who recently entered salt against her for $50,000 damages. It was learned today that Saturday night a compromise was reached whereby aha settled th ault by promising to marry him. Aceetta ia tall, fine-looking, and with a boylah face that belles even his 24 years. He has lived sll his lifs in the Italian quarter on the east side, where he met Mrs. Stelle. He and his brother kept a real estate and Insurance office, the Income of which was so small that fee gave his evenings to singing for private gatherings and hs ai a- traveled about the city with a four-piece string orchestra. GERMANY SIGNS TREATY WITH UNITED STATES (Jearaal Upsets I lis 1 In. ) Waahtngton. Nov. 12. The arbitration treaty between the United states and Germany waa signed thla morning by Secretary Hay and Baron von Stern berg, th Oermae ambassador, at th state department. HER TRIAL 18 SEVERE Nan Patterson Overcome by Gruesome Evidence of the Tragedy. PROFOUND MYSTERY IS STILL THE KEYNOTE Witnesses Fail to Throw Light on the Incidents Leading to Death of Bookmaker Caesar Young. (Jeomal Special Berries.) New Tork. Nov. ' 12. Nan Patterson passed a sleepless, restless night In the Tomba. Th scathing argument of the prosecution and the sight of her lover's garments with a bullet hole, and stained with his life-blood, had been too much for her nerves and she collapsed When she was returned to her cell. The re action over. Miss Patterson calmed her self and aald: "The flrat day Is over, and I find nothing to hurt me." Her face waa pale and bloodless and she looked almost chalky against th sombre aetlng of her black dress and veil aa she came Into court this morn ing and sat by her father s side. Miss Patterson appeared much per turbed by the gsae of th curious crowd in th courtroom today. When aha reached her seat ah turned and kissed her father Police Sergeant Walter Norris. of Leonard street station, where th defendant waa brought when ar rested, was the flrat witness today. He identified the revolver which Policeman Junior banded to him when he brought Miss Patterson In. It contained three loaded shells, one exploded ahell and one empty cylinder. Captain Sweeney also Identified the revolver and aald that he talked with tha defendant at the station after ths shooting, snd thst she said that Young had shot himself, and that tha first aha knew of it was wbsn she heard a muffled shot and hsr companion fell over In her lap. She said they had been quarreling In the cab. Frederick Michaels, the cabman. Iden tified photographs of the cab. He tes tified the cab was engaged by a man and woman at Fifty-ninth and Broad way. He drove to Fiftieth avenue, when th man bought a hat. and then drove to Weaker and West Broadway, where the pair went into a saloon and stayed a few minutes, then came out. and be drove south again. Neither of them were under the In fluence of liquor. After be crossed Canal street on West Broadway he heard a pistol shot. Hta horss plunged sad he stopped him after a block and a half. The defendant asked him to drive to a drugstore, but he did not look Inside to see whst had happened. Ha heard no quarreling. He saw tha man carried into the hospital, but again failed to recognise the photo. Frederick Woldena, a bartender at Bleaker and West Broadway, and Otto Tennles, the druggist, were called, but their teatlmony threw no light on the tragedy. The court recessed at the con clusion of Tennles' testimony. The flrat witness thla afternoon was William Stenn, Jr.. a truckman, who heard th ahot fired and nsw amoke com ing from the cab. He followed the cab to the drug store and saw the defendant aeated In the cab. also a man with hta head In her lap and hla hands hanging down. He did not aee a weapon In either hand. SUICIDE SOUGHT TO SPARE HIS PARENTS One Note Nearly Caused Lynch ing of an Innocent Man by Excited Searchers. Chouteau, Mont.. Nov. tt. Wlehlng to para his parents the Ignominy of hav ing their son commit , suicide, Jecob Ralston, one of the beet known trappers and guides in northern Montana, left a message ststlng that his former partner, lames Fisher, had shot him, and than fired a bullet through his abdomen. A courier, dlspstched to Ralston's cabin to notify him that hla father waa dying, found his corpse and tha note. A poeae waa organised st once and a search for Fisher was begun, when an other note waa delivered telling of the suicide and requesting thoae who found the body to "keep mum." The' first note caused a aenaatlon and for a time there were threats of lynching Fisher If caught. The coroner's jnry Investigating the esse rendered a verdict of suicide. 1 (ftasraa! special Service. I Atlanta. Nov. 2 rharle. Nolan, the well known newspaper cartoonist, died last night at Care Springs of consump tion. , BLAZIER GUILTY; MAY FACE PERJURY CHARGE Speedy Conviction of Gambler Who Has Grown Rich at Expense of the City's Morals Judge Frazer Orders District Attorney to Prose cote the Grand Jury Evidence Supporting Perjury Charge igainst Blazier deeee "Mr. Moser, I wish to say to you, as deputy district attorney, thst e I think the manifest perjury committed by tha defendant in thia ease 4 In the course of his teatlmony should be brought to ths attention of the grand jury. I would have preferred to speak of this to Mr. Manning, as he Is familiar with the evidence. DUt alnoe he la not here I wilt ask you to e say this to him. I have never known more flagrant and rank perjury d committed, , or ieen clearer evidence of perjury than in thia case. Men should not be permitted to come Into court snd commit such perjury with impunity." Judge Frazer's comment on Eugene Blaster's tsstl- d mony after the verdict of guilty was returned. " A gambler has been convicted, and is still pursued. From out a thickly clouded sky there came a judicial thunderbolt, which made Eugene Blaster ita special victim. Convicted of the crime of gambling, he turned to face the charge of perjury. Th non-ownership subterfuge had be come a boomerang. Hardly had the de fense closed Its testimony, the effect of which wss to show that ths defendant did not own the gambling paraphernalia. when the prosecution, with unrelenting vigor. Introduced records from the cir cuit court showing that on March 1. 1904. Blaster pleaded guilty to the use of this ansae apparatus for gambling purposes. And then, n a cyclonic de nunciation from the bench. Judge Fraser Instructed the dlatrlct attorney to call the attention of tlfe grand jury to what ha considered, and classed In no Indefi nite terras, ss Blaster's rank perjury. This waa a climax to ths gambling cru aada. Appalled. Serenely enough, with his attorneys. Eugene Blaster aat In the court room until the crash came. With three for mer acquittals to contemplate, the de fense could not, or did not, imagine the possibility of a conviction. Under the theory of tha earn aauce serving goose and gander, they awaited quietly the termination of the case In their favor. Their evidence had been carefully pre sented. It had been sworn that Kugene Blaster did not conduct the game. How could the jury convict him? But when, at the end of the scathing Indictment by Judge McGinn, the strong evidence of court documents rose aa a grim goblin before that, there was a change of attitude. The jury retired. Ten minutes later a verdict of guilty was pronounced. Blaster looked at hla lawyers and they looked st the court. They were stunned. Could thla be possible" Then, as they were reaching for their hats, his honor declared a halt. Calling to Deputy Dla trlct Attorney Moser he Instructed him to take th evidence as given in thla before the grand jury, ss It waa the most manlfaat perjury to which tha eourt had ever been compelled to listen. The assistant prosecutor re sponded that he would convey the mes sage to hta chief at once, .while Blaster looked on and beard in dumb amass ment. L, 'a Conp. Mr. McGinn, nettled by the attitude of District Attorney Msnnlng. In court yestsrday afternoon, came back this morning determined to win ths tight, and hs brought evidence and witnesses whoa teatlmony completely atunned the defense and took the entire case by storm. Over the atranuous objections of tha attorneys for the gamblers, Mr. McGinn forced .this evidence through to the jury snd then pounded It home In his argument. Court-records showing that Eugene Blaster and Ed Blaster had pleaded guilty to the charge of running a gam- THESE BAD APPLES AFFRONT GROWERS A J. Mason, president of the Hood River Apple Growers' union, who has been In Portland during the meeting of ths National Grange, makes an em phatic protest against the class of ap ples that sre served upon tha tablaa Of Portland's leading hotels and res taurants. He aaya: "We have much better applea In our cull Mas in Hood River valley, which we do not try to sell and really prefer not to sell. Ws oame down hsr to see old friends from ths esst, and tsll them about Oregon and her great fruit growing Industry When we sit at the hotel take with them and have apples set before us thai are inferior In every way to tips eaatem apples. It la very embarraaaanw, end la a.awHanlt mtfavy to th stsM ec Omn a mil M t ' i bltng-place on March , 104, were In troduced aa evidence over the objections of counsel for defendant T. W. Vree land and H. Danllhger. attorneys, were put on the witness-stand snd testified thst they had brought actions agalnat Blaster Bros, fur clients who had lost money gambling In the house, and that In every instance Kugene Blaster or Ed Blaster settled the case, paying compro mise money. This, the prosecution con tended, perjured Eugene Blester, for he hsd testified that he sokl the gambling place almost three years ago to Ed Hau ler. The defense sought to weaken the effect of this evidence on the Jury by pleading that the Blasters had settled these suits snd paid the money as a compromise rather than go Into court and prove that they did not own the es tablishment. ' Henry McGinn opened tha argument for the prosecution and poured forth upon the head of Eugene Blaster and hla friends all th derogatory terms at hla command. He styled every bit of evi dence Introduced by the defense aa per jury, and. referring again to Blasters testimony, said: "The grand Jury Is now In session. Tt ought to snd will do Its duty. This man ought to be prosecuted snd shall be prosecuted for perjury." Arguments for the defense were by Attorneys Mendenhsll and Spencer, and tha greater part of which waa de voted to an attempt to explain awns' tne gross discrepancy between the tes timony of Blaster himself and the court reenrde. ahowlng that he had pleaded guilty to the charge on March 1, 104. when he claimed to have sold out long prior to that time. Mr. Manning concluded hla remarks without any reference to outside par ticulars, but demanded that the Jury bring In a verdict on the evidence. Judge Frazler. in Inetruetlng the Jury, raked the gamblers over the coals, snd denounced In strong language the pleas which had been put up in this case snd the previous cases on which the defen dants relied for their defense, saying that they appeared to be merely subter fuges for the purpose of evading th) statutes. He called the attention of th Jury to the statute laws which were en acted for the purpose of abating th gambling evil, and which It was the duty of every loyal cltisen to earnestly endeavor to support, and that any fail ure ao to do woiild make the one ao falling as guilty aa the defendant He aald that while Jurors should give the defendant the benefit of any reasonable doubt, they should not be misled by plaualble excuaea which showed on 4 he face that they ware Invented for this purpose only. There waa trouble between Judge Mo Glnn and District Attorney Manning laat evening. Judge McGinn, aa pri vate eounael looking after the Interest of Sheriff Word in the prosecution, con dueted tha direct examination, tha sr Continued on Pag Six.) refutation of everything w have bees telling the visitor about Oregon sa an apple-growing atate. 1 think the good hotela of Portland should give ttuat question their Immediate attention. "It Is not slone the hotels of Porte land that merit criticism en 'his point Ths hotels la the smaller cities ail ever tha state are equally careless. Visiters from the esst step at care should be taken that Ussy the right sources of oar state, There a ; thst so dashes the easterner aa to adorned with a Dorses, assail e . pies of to