S OOD EVENINQ. Tonight and Friday, rain; eouth eaaterly winds. VOL. III. NO. 226. IS A WITNESS Shows Perjury in Secur ing of Patents Under Homestead Act SENSATIONAL EVIDENCE IN LAND FRAUD CASES Prosecution Promises to Show Connection of Persons on Trial with These False Claims. Borne of the most.1 damaging evidence yet produced by the government In the land fraud case, on trial before Judge Bellinger In the federal court today, was placed before the jury this morn ing, r By the testimony of one of the most experienced surveyors In- the govern ment's employ, the prosecution showed t ho utter falsity of the statements con tained In tbe homestead applications alleged to have been manufactured by the defendants. If strawberries could be gathered from pine trees. If rattle could subsist upon. a diet of granite and shale, If human beings could plant their habitations upnn the perpendicular face of a moun tain precipice then the statements of the .'lleged homesteaders might be believed. But until the world Is turned topsy turvy, the variance between the allega tions of these pretended settlers and the seemingly Indisputable evidence of fered by the government will be too wlds to be reconciled. The proof that these homestead affidavits were in fact made by the defendants, or that the documents were used by them with fraudulent in tent. Is yet to be offered, but that these facta can be established the prosecution ia absolutely confident. The 32 homestead applications made in township 11 south, image 7 eaat. which are Involved In the present case, recite In each Instsnce that the applicant had been In actual occupation of the land CAMERA and had built a home and made Improve- or Richards was his assistant, and held ments thereon. The evidence offered that position at the time when patents this morning by the government showed , were Issued by Hermann's orders upon that In each oase these statements were the spurious homestead applications In sbsolutely false and that la most cases , volvad In the pending prosecution. At the land was absolutely uninhabitable, being rocky, precipitous mountain side. barren of the slightest indication of human occupancy. Taken by Bairsyoie. Photographs of the land taken by a government surveying party laat June formed an Important feature of today's evidence. A. W. Barber of the general land of fice, whose experience as a surveyor covers the past SO years, was the only witness on the stand today. Hfe atated that he had done much work In the line of examining surveys and had been en gaged in 26 or SO surveying contracts for the government in It different states. "Hsve you ever visited township 11 south, range 7 east of the Willamette meridian T asked Mr. Heney. "Yea, sir. Under the instructions of the Interior department I visited that township about tbe 14th of last June and was there until June 15 or SO." Mr. Barber had four companions. Robert and Benjamin Pierce, J. W. Primp and 8. C. Dllley. He was in structed to visit and Inspect the claims taken up by Maud Witt. Kmma Porter, Frank H. Walgamot and the other al leged settlers whose homestead appli cations are now declared by the govern ment to have bee, fraudulent and false. "Did you take any photographs of this claim V asked Mr. Heney. Mr. Barber did take photographs and they were produced and identified. They showed a glimpse of virgin wilderness. (Continued on Psge Two) WHAT PORTLAND PAID FOR HER TURKEY FEAST a Portland will eat 160.000 a pounds of turkeys today. This ls the estimate given by a ni nk. -imcn of tlw amount re ar cetved for Thanksgiving day, a Fnr this feast of turkeys alone a Portland people paid the sum- of tlt.2SR. Of the 160,000 pounds. It is figured that fully ltf.000 pounds were sold ss first -class stock, whlls 26.000 pounds were "culls." The best stock sold at retail far 26 cents a pound, giv ing a total of 131,260 as, the sum paid. Then counting to cents a pound for the 1,6.000 pounds of "culls."- would. give 15,000 ss the sum psld. a grand total Of $36. 250 for all the birds that arrived. Of this smount $30,000 waa paid for the turkeys by the re tailer to the wholesale and commission men, maklngvthe re tailers' profit on tne tnrgeys 10 260. At 6 per rent the whole sal and commission men received their Thanksgiving present 11,500, while the express com panies snd transfer men received for their share of the work of bringing the birds from their country home $3,000. On Monday morning there will be mailed to the vsrlous farmers throughout the t$ of Oregon, but mostly from points Jn southern Oregon, the sum of 126 500. their share of the sum 4h, paid by Portland's people for "their Thsnksglvlng turkey. PO BKh aLBESrf"sa-aS Binger Hermann, Sketched as He the Federal "'TWAS RICHARDS" HERMANN SAYS Congressman Declares Under Oath that His Assistant, Now Land Commissioner, Passed Alleged Fraudulent Land En tries Voluble About Trifles, but Can't Give Details. United States Land Commissioner W. A. Richards would undoubtedly have lis tened In amazement If he could have heard . tbe teettmonV given by Binger Hermann yesterday afternoon In the land conspiracy trial. While Hermann was land commission- n time when the general land office was reeking with corruption and fraud, and when the gravest accusations were being made against those connected with the department, from Hermann down, Rich ards was unsmlrched by suspicion of wrongdoing It waa Richards whom the president selected to succeed Hermann, when the latter had been dismissed In disgrace from the office of land com missioner. Nevertheless when Hermann waa placed on the witness stand yeaterday be calmly flung upon the shoulders of Richards all the responsibility for the patents Issued to Puter, Emma Watson snd their confederates. "My assistant." said Binger, "exam ined all those papers, and It was he who passed upon them. I knew nothing sbout the circumstance " oluble About Trifles. The ex-land commissioner's recollec tion of the occasion when Senator Mitchell, Puter and Kmma Wataon called upon him to obtain an order for the expediting of the fraudulent applica tions was good only In spots. With an appearance of eager desire to give ajl the Information In hia power Hermann related many unimportant de tails, but whan It came to tne essen tials his memory was Intermittent. Every time his memory skipped. It was something important that waa over looked. Singularly enough also the con gressman's hop-sktp-and-Jump recollec tions Included nothing whatsoever of his own share In expediting the patents as cured by Puter and his associates. Mr. Hermann "really couldn't remem ber" aver having seen the fraudulent ap plications upon which those patents were Issued. Ha could not remember what statements were made to him to Induce him to expedite the issuing of the paten ta "Did you ever see this paper before?" asked Mr. Heney. bending the witness one of the government's exhibits. Denies Without Examining. "No, air. I never saw it before." re plied Hermann promptly, without so much as a glance at the contenta of tbe paper. You haven't examined It yet, Mr. Hermann," said the attorney with sig nificant sarcasm. "Perhaps if yoi were to see what It la. It mlgnt refresh your recollection. The witness took the hint and looked at the paper, but only to repeat his for mer statement. No Inconvenient recol lection of the document arose"to disturb him. Now and then there was' something which Mr. Hermann could remember. One of these was the visit paid to him by Senator Mitchell and Puter, when Hermann was asked to rush the appli cations to patent. "Did any on accompany thorn?" aaked Mr. Heney. "As far as ! remember." said Her mann, "titer was a woman with them, also a clerk of the land department. I think Mr Valk " Valk I one of the land offlae em ployes who became notorious last year when the government fa Id bare the sys tematic bribery which waa -practiced In the department by Benson snd Hyde. Those present at the conference there fore were, beside Senator Mitchell, two persons now on trial fnr defrauding the government, one employe of the land de partment who has since been charged with accepting bribes from the Benson Hyde ring, and Hermann himself, then on the eve of summary dismissal from hla office The witness waa aakad whether he could identify Mrs. Wataon as the worn- RTLANP. OREGON. THURSDAY EVENING, NOVEMBER 24. 1904. FOURTEEN PAGES. Appeared on the Witness Stand in Court Yesterday. an who called upon him on the ocea alon In question. He "really couldn't say," as "the lady had not made a suffi cient Impression upon his mind. Mr. Heney asked the witness whether he took any action upon the request of Senator Mitchell. "I ststed to him," said Hermann, "that his reasons for expediting the patents were amply sufficient and the case was thereupon transmitted by me to my as-, slstant and by him examined and the patents were Issued." What the reasons were for this action Hermann "couldn't remember." This was one of the places where his memory skipped. Nor could he remember whether the reasons were In writing. "Can you say whether you would have expedited the case merely on Senator Mitchell's request, without any showing of reasons r asked Mr. Heney. "That would depend wholly upon the facta of the case. I really cannot say what the circumstances were In this particular Instance." Aooepts Subordinates' Keporta. Hermann Identified a report pre sented by C. E Loomis, the land depart ment agent who was sent by him to in vestigate the claims Involved In the present suit. But Hermann never ex amined such reports himself. H let hla subordinate do that, and when the papers came to him he was satisfied to see that they had been indorsed by the proper clerks In the land office. "When I saw the papers come In with the initials of 'all those old veterans In the service showing that they had ex amined the papers. It waa enough for me and I approved them at once." This concluded the testimony of the witness and he was allowed to leave the stand. Hermann left laat night for Washington. Binger Hermann's testimony had bean expected to develop much In a sensa tional way. There was hardly a fed eral official present who did not believe that some Important evidence would be adduced from the es-commlssloner of the general land office. From the very outset, however, he evinced a reluctance to give a single syllable of evidence favorable to the government, and testi fied In a way to Indicate that he was thoroughly frightened about something. Mr., Heney said, after adjournment, that he was taken by surprise, because he understood Hermann to tall htm a few hour earlier that he distinctly remem bered receiving Mitchell's letter and that It was on the strength of this and the affidavit of Puter snd Mrs. Watson accompany It. together with fire statementa made to him by Senator Mitchell when he Introduced Puter and Hermaan that the latter ordered the ex pedition and Immediate consideration of the entries In which Puter waa Inter STANDARD OIL MAY BE ON THOMAS W. LAWSON'S TRAIL (Josrnal Special Service ) .If Lawson falls to make good, under New York. Nov. 14. Though It la d- oath, all that he has said, drastic se tt led that Standard OH capitalist have tlon will be taken by Rogers. In spite attacked Thomas W. Ijiwion of "Fran- iled Finance" or sre corfnected with the 1360.000 suit brought sgalnst Lawson by Paul FHIIar of Coudert Bro.. fact were learned today which) Indicate that Standard Oil la on Lawson' trait. There 1 pending In Massachusetts a suit for S3.6oo.000 against H. H. Rogers, brought by Receiver Pepper of the Boston O company, one of the subsldlsrles of the Bay Stat Gas company, which I an echo of Ihe war between Rogers. Ad dlck snd Lawson. Tne suit comae up for trial In December. Rogers' purpose I to call Lawaon tn the witness stsnd snd question him con cerning charges mad again. t Rogers. CHASSEURS TAKE PASS Gen. Sakharoff Reports a Spirited but Appar ently Smaii Fight. ANOTHER BATTLESHIP IS PUT OUT OF ACTION Russian Slava Runs Aground and Is So Seriously Damaged That She Is Sent to Kron stadt Dry Docks. (Journal gperlal aerTleo.) St. Petersburg, Nov. 14. General Sak haroff reports today as follows: ."Vol unteer chasseurs on November 22 occu pied the mountalna on both sides of ChlnkaUIn Pass, south of the village of Tungon. "Nine, chasseur who cut the barbed wire fence In front of the Japanese en trenchments and thraw several Chinese hand grenades followed this with a hssty fire, which took effect on th Japanese, who retired with big losses. "On November '21 the Russian detach ment repulsed an attack before the vil lage of Anltxy Utxy. The Russian losses were" 10 killed and 40 wounded." Other reports received by the war de partment here convey the information that the Japanese are being strongly re Inforced and that the winter weather Is apparently proving more conducive to the forward movement of the Japanese than did the summer weather, owing to the freeslng of the rivers, permitting the more rapid advance of artillery and commissariat train. By some who are In close touch with the situation as It now exists In the ter ritory that la now occupied -by the two gl eat forces, the opinion Is advanced that tbe two armies may winter within rifle shot of each other. The situation as now understood seems to be practically a deadlock. Th suspension of hostilities It Is expected will remain at Its present status unless the Japanese commander should make an offensive movement. Both sides are firmly established on a defensive basis at the present time with the balance of advantage In favor of te - Russians, who are the better jsntrenched. All Indications, however, point to a big battle In the vicinity of Mukden In the near future. MANY WOUNDED. Fort Arthur Arrive at We Sal wet in tolas Boat. (Journal Special Rerrtee. ) London, Nov. 24. The Wei Hal Wei correspondent of th Dally Express says that Russians who arrived there from Port Arthur In a lifeboat yeaterday ad mit that they stole the boat and made their escape from the beselged city. They say that water and ammunition 1 very scarce st Port Arthur, but there Is food enough to laat for several months on hand. There have been many death caused from typhoid fever. Fewer than 1.000 able-bodied troops form the acting garrison, snd there are 10,000 sick and wounded. BATTLESHIP DAMAGED. Slava Bams A ground and Is Xsaid Up -for winter, i Journal Special Service.) Parts, Nov. U. A dispatch received here this morning states that the Rus sian battleship Slava has arrived at Kronsta.lt after grounding on a asnd bank. The vessel will remain In Kron stn.it until spring. What damage was sustained by the battleship is not know, but the fact that ahe will not continue her proposed Journey to the far east Is taken as an Indication that she was considerably crippled. (Journal Special Serrlce ) St. Petersburg, Nov. 14. The publica tion of a new newspaper. Nasga Glmln. has been prohibited by the minister of the Interior. Prince Mlrasky, because of its severe criticism of the manner tn which the war Is being conducted end Its reform advocacy. The publication had sent out but s few Issues before It fell under th official ban. of denials, the belief will not down thst the trust Is slso back of the suit filed yesterday as otherwise there seem no reason why action should be filed at this time. Lawson .-as Issued a statement In which he says that he will dump three enormous blocks of Amslgamated. Sugar and Pacific Mall storks on the market Friday, and asks his friends to stand by him to "prevent ruin." He says: "The favor I ask la that the street stand by and see that I get good prices, thereby perhaps preventing the financial ruin of one who has been caught tramendunualy abort on discre tion and mighty long on enthusiasm." 3tottnaf iJt ' saaaaaawjaaaaB9 ' m Skaa! BaaflP' .afl JM ,aM John H. Hall, U. S. District Attorney, Who Ia Conducting the Land Fraud Caae Photograph by E. W. Moore. GRAND JURY IS AFTER GAMBLERS . , . . , - V - - - - ' . ' ' ! Indictments Reported to Have Been Prepared Against Grant Solomon, the Blaziers and Shapiro-Lake Vigorous Ac tion, It Is Said, Has Been Decided Upon. With a firm determination to stamp out gambling, punish all offenders who break th laws relating thereto, and afford object lesson which will deter others from following their example, the grand Jury, It I reported on good authority, will tomorrow or Saturday bring In a number of new Indictments. All those for whom there 1 trouble ahead have been already before the courts for vlolsting the gambling lsws. Indictments. It I said, have been prepared against Peter Grant, Nat Sol omon. Ed and Eugene Blaster, Jack Blaaier. and Shapiro at Lake, proprietors nf the Msse cafe. Whether or not Har vey Dale will figure In a true bill Is yet under consideration. The members of the inquisitorial body were surprised at the acquittal of Peter Grant and the disagreement of the Jury that tried Nat Solomon. Harvey Dale's defenso was expected. In view of the testimony given by Grant and Solomon that they were the sole proprietor of the Portland Cfub at the time Lewis W. Robertson sued tbe club for double the smount alleged to have been lost at the -faro table. Two or three of the Jurors are said to favor Indicting Dale for conducting a pool room, but th ma jority do not believe a conviction could be obtained, in view of the clrcum stancea. Bom of Those Threatened. It is known thst William I.ake has s half Interest In the Mase cafe, and that the Blasters Jointly conduct the Burnslde street establishment, and all of them. It la reported, are to be charged with conducting gambling houses. On numerous occasions, when they were chsrged with conducting gambling houses and fined, all the Portland Club men have had to contribute to the state while the Blasters snd the firm of Since th Issuance of this statement considerable speculation Is being In dulged In ss to what effect It will have upon the different factions who make or mar the schemes of many of those who dally with the stock market. While It la admitted by many thst Lawson has made a host of friend ince the begin ning of hi article on "Frensled Fi nance." he ha likewise created enemies, snd these latter it la conceded are with out doubt In a position to away th bal ance of power in the money market. Thus while It Is admitted there may be a certain clique who will stick by lASWti through friendship. other side to be reckoned outcome of Friday's pro. can only be conjectures, Shapiro Lak have paid Just on half of what would have otherwise been assessed against it. In addition to having to answer the new Indictments, Nate Solomon la again to be triad on th charge on which a Jury disagreed a few day ago. Eugene Ul.ir.lct also face, a perjury charge. Cir cuit Judge Fraser having Instructed Dis trict Attorney Manning to prepare an Indictment In consequence of what the court termed "flagrant perjury," com mitted by Blaaier st his trial a few days ago. which resulted In a conviction. Trouble la slso brewing for the owners of a number of disorderly houses. In dictments will In all probability be re turned against some of-them. All these Indictments, It Is known, have been prepared and will soon be submitted to District Attorney Manning for his signature. Erlckson Found Guilty. It required but about 30 minutes' de liberation on the part of the Jury yea terday afternoon to find August Erlck son guilty of the charge of gambling. A large crowd had witnessed the prog ress of tbe trial In Judge Bears' court, and thoae who contained to hear the verdict of the Jury d)d not appear sur prised when Erlckson waa found guilty. A new ruling and application of the law in these gambling caae was laid down by Judge Bears In hi Instruction to the Jury, which annuls the effect of the sals of the business and parapher nalia at any time within two years prior to the filing of the indictment. On this ground the court refused to sdmlt the testimony of witnesses far the de fendant, by whom It was Intended to prove that Erlckson had leased th business to Samuel Grant some time before the criminal action was begun. This Is the last of the gambling cases to go before a Jury until Decem ber 1 2. M. Q- Nease, who waa Indicted by the grsnd Jury fnr conducting a poolroom has demurred to (he com nlalnt. and this will be araunl Judge George Saturday morning. Judge McGinn, private counsel for Sheriff Word, who had been secured to assit In tbe prosecution of these gambling eases, will not appear with District At torney Manning agalnat Nease. a the district attorney has requested that Mc Ginn be ruled out of th caae. FOUR MEN DOWN AFTER BEING WARNED OF PERIL (Jearoal Special Merries.) Port Huron. Mich.. Nov. 24. Four men were drowned by the cspslslng of a small ferryboat a few feet from the Manila, tint., dock at 4 o'clock thla Ing. Two other men war saved. The names oi tne victims nave not rne current was running aten embarked THE aRCULATlOX Of THE JOURNAL YESTERDAY WAS I7.004n PRICE FIVE CENTS. CONSPIRACY Seems to Exist Among Contractors Who Do Work for City. NEGLIGENCE OF THE CITY ENGINEER'S OFFICE Couneilmen Denounce Those Who Have Robbed the City by Overcharging and Oth ers Who Aided Them. With but one dissenting voice, that of Councilman Fred Merrill, the charges of Incompetency and negligence against the city engineer's department were adopted. Charge of dishonesty agalnat th contractora were adopted with JJi same degree of unanimity. To the report the members listened with amazement; citizens tn the gallery gaped In astonishment. There waa no mistaking its Import, No attempt at whitewash was made. The committee had handled th matter without glove, and the council in considering the re port did likewise Th usual hilarity of the members was absent. City Engineer Elliott sat to one side with drawn face, listening attentively to every word that was said. When aaked If he desired to lay any thing in his defense, he simply aaked that his report to the' investigating committee be read. In speaking for th report of the com mute Councilman Zimmerman said all possible evidence had been secured, and after the four experts reported, the com mittee thought possibly It was badly exaggerated; this waa the reason the committee desired to give the city engineer time to defend himself. Since the lest meeting this had been done, with the result that the committee found the caae in every respect as bad ae had been Indicated by the expert. Mr. Zimmerman. In extenuation of the acta of the elty engineer, said that dur ing the neat year mora than $1,760,000 had been spent here in work that the city engineer had to supervise, and It waa Impossible to be everywhere at once. STO Bxouss for City Xsgmser. "But the fact remains." said the coun cilman, "that the hewer waa accepted a complying with th plan and speci fications, and th city engineer recom mended to the executive board that the contract price be paid." The speaker could not condone thla recommendation, where It Involved $35, 000 to $40,000 of taxpayers' money. Inas much as the city engineer himself bad not Inspected the work. That tbe contractors had formed a pool, and that someone not connected with the work waa to receive $$.004, to be distributed among them for ' not bidding, the speaker said had been proved satisfactorily This money had to come out of tbe pocket, of taxpayers. and the pool was "a dirty Job," Mr. Zimmerman said he did not doubt that for some time no public work had been done here except through some such pooling or Jobbery of the con tractora He thought that In view of this development, contractora should be sdvertised elsewhere. In the effort to bring outside contractor here, as It seemed that ths local contractors had a monopoly -of ths work. aWport Mot Strong Zaoagh. Th report waa adopted t to 1, and Council Fred Merrill, who voted "no." stated afterward that the report waa not strong enough for him. Councilman Flegel and Hen t ley were absent. By the adoption of the committee's report. City Engineer Elliott's fat Ilea In the hand of Mayor Williams. It (Continued on Page Five.) STEEL CORPORATION TO BUILD ITS OWN RAILWAY uenrnai special service.) a Chicago. Nor. 24. it I re- ported here that the United 4 State Steel corporation. In order a to avoid any possible litigation 4 with th Interstate commerce 4 commission relative to terminal a) rebates, has decided to build a 4 trunk line for the transport- tlon of Its business. a It la understood that a number 4 of small railroad now building 4 east of Chicago will be taken Into th corporation system. The 4 corporation pays out annually 4 about ' $13,000,000 tn freight ay charges. a While no definite Information 4 he been given out. It Is known a that members of the company 4 have held numerous conferences 4 looking to the consummation of 4 the project In the near future. a There are In addition to the 0 United States Steel corpora Hon several silled interests that enuM be taken Into the project, the making th railway, although a purely prlvat carrier, a pay ing proposition. There couM be no question of rebates, s th company's own freight would be carried at cost. The railway would In addition e e to cutting off the CRIMINAL 4 dlffirsnl ftjwfJHSk .-3fw' eeri- X