DON T MISS THE SECOND FREE MUSIC LESSON IN NEXT SUNDAY'S POPULAR JO1
y OOD EVENING.
THE CIRCULATION
OF THE JOURNAL
YESTERDAY WAS
16.920
VJT -
Tonight and Saturday, rain;
southeasterly winds.
' i
PORTLAND. OREGON, FRIDAY EVENING, NOVEMBER 29, 1904 SIXTEEN PAGES.
VOL. III. NO. 887.
PRICE FIVE CENTS.
. " ' . . .' . . . BJF. ; i . . ,- : i . , . (L
HERMANN'S ATTEMPT TO SHIFT THE BLAME FOR LAND
' FRAUDS BRINGS COMMISSIONER RICHARDS TO PORTLAND
' FARMS ON
PRECIPICES
Rocks, Snow Covered in
June. Taken as "Ag
ricultural Land."
FLAGRANT FRAUD IN
FILING IS CONFIRMED
R. G." Pierce Corroborates Evi
dence Given at to Nature of
Staking Made by
Mrs. Porter.
Surely and mercilessly the govern
ment le piling up the evidence of tho
fraudulent character of the homestead
entries by which the defendants In the
land fraud case are accused of conspir
ing to acquire public lands Illegally.
The testimony' given yesterday by A W.
Barber In the federal court was relri
forced and corroborated today by the
evidence of Robert O. Pierce, another
fc. n.rtv that scaled the
rocky precipices and waded through the
midsummer snows where pretended set
tlers hast declared under oath that their
homes war located.
Township 11-7 Is familiar ground to
Robert C. Pierce, ror 10 years ne was
an actual resident of the township-,
and he had traversed almost every por
tion of It that was accessible to man.
He knew the names of every actual
settler In the township and from the
witness stand he gave their nana. It
was because of his thorough knowledge
of the township and his long experi
ence as a woodsman and a mountaineer,
that he wss selected to accompany Mr.
Barber upon the Investigating trip
made laat June.
Momesteads for Goats.
Pierce Is an old man, hard of hear
ing and of quiet speech, but his simple
narrative of the exploration of the gov
ernment party was followed by Jury,
by counsel and by defendants with clos
est attention. In svery particular he
corroborated the evidence given yes
terday by Barber. Not a sign of habi
tation was found upon any of the
claims describe by the pretended Bat
tlers as their homes. Instead of osav
lns. barns, cultivated fields, fruit orch
ards and graslng land stocked with cat
tle, the witness and his companions
found only craggy mountain sides,
often Impassable for anything but a
mountain goat, barren wastes of rooky
slides, virgin forest and snow that even
in the middle of June lay In drifts four
or five feet deep.
The photographs offered yesterday by
the prosecution and Identified by Bar
ber were again Identified by Pierce.
-t" v. ni.lm, of K m m Porter whom
the prosecution purposes to show was
really Emma Watson, on of the de
fendants; of Frank H. Walgamot, an
other defendant, and of Maud Witt, wars
examined by the witness with especial
care. Even the warmth of June sun
shine had not sufficed to melt the snow
which overspread them, and whan the
arty awoke after camping for a night
upon one of these claims, thsy found
their bedding covered with half an Inch
of snow, that had fallen while they
slept,
The cross-examination of a. W. Bar
ber occupied a few minutes at the open
ing of today'a session, before Pierce
waa placed on the stand. Mr. Barber
stated in answer to questions by Judge
Pipes that the examination of the
claims Involved In this case occupied
altogether six days, Including the tuna
spent In reaching the claims and In pho
tographing them. He visited altogether
IS different quarter sections.
"How many acre would that BeT"
asked Judge Pipes.
"There would be 8.200 acres In the
IS claims," replied the witness.
"Were there no improvements In .the
township'.'"
Ten. there had been settlements In
(Continued on Page Two.)
SIBERIAN PEASANTS
KILL 1,000 NATIVES
(Jeeraal Special Servtot.t
t Petersburg. Nov. II An uprising
Is reported from the province of Altai,
In Siberia, which resulted In a pitched
battle between peasaata and natives of
the Kalmuck tribe In which nearly
1,000 of the latter were killed.
The report says the tribesmen went
en a freitsled religious chase to whleh
they wars stirred by their high priest
The authorities feared a wholesale roas
aaere as the Kalmucks are one of the
moat intractable of the Siberian trlbee
tars were sent tag tnoesmen to
i their fanatical war dances, bat the
were disregarded and seat with
IBS
WA. RICHARDS, commissioner of the general
land office, is to be placed on the witness
stand in the land fraud cases for the purpose
of refuting the testimony given by Binger Hermann
and Of 'showing that Hermann was directly and per
sonally responsible for the issuing of patents to Pater
and hie confederates.
Commissioner Richards left Washington last evening
for Portland, bringing with him documentary evidence
that Binger Hermann, while commissioner of the gen
eral land office, personally paaaed the. fraudulent entries
to patent.
The commissioner comes In response to a telegram
from Assistant United States Attorney-General Heney
to Secretary of the Interior Hitchcock stating that Her
ataxia I mm- asxsessi
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S . jSJwsx w esSTwSSWMnf
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Adolph Weber, Accused of the Murder of His Father, Mother,
Brother and Sister at Auburn, Cal. He is Only so Years Old.
FRESH MYSTERY
IN WEBER CASE
(Jeersal Special Service.)
Auburn, Nov. St. New evidence
of the greatest Importance, which the
authorities say will prove that Adolph
Weber killed hia entire family, waa
dlacovered laat night by Sheriff Keena.
The evidence Is so Important that the
officers here refuse to even hint at the
nature Dr. J. F. White, an Auburn
chemist was called from hla bed at 3
o'clock this morning. He left Immedi
ately for the sheriffs office He waa
gone about an hour. It is stated that
evidence of the greatest Importance has
been dlacovered.
The officers decline to give out sny
Information as to what the evidence
first sign of sn outbreak was followed
by a general attack on the part of the
peasants, who killed, according to re
port 1,000 of the tribesmen before the
battle ended and with but small loea
to their own numbers.
The government has ordered an In
vestigation, but this will doubtless end
In nothing additional, aa the known char
acter of the natives was such that the
sympathy of the people In general has
been diverted against them. The tribes
men in thst district have for years been
troublesome and murderous, but the gov.
eminent policy of., preventing peasants
from owning or having In their pos
session weapons of sny kind has hither
to prevented the latter from protecting
W. A. RICHARDS TO ANSWER HERMANN ON WITNESS
brought to light Is, but It Is believed
that more of the blood-ataaned clothing
which was presumably worn by younx
Adolph Weber on the night of tho
murder has been dlacovered and is be
ing subjected to analysis.
The fragments of his trousers which
he rolled up and threw through the
window Into the burning Weber house
on the night of tho crime, furnished
some fragments of evidence, but were
so badly burned that the state's ease
would be greatly fortified in the finding
of other and more Irrefutable evidence
of a similar character.
Toung Weber retain, his Impertur
able, cynical and eareleea attitude He
doea not essoelate with other prisoners
In the Jail, holding himself aloof aa a
superior. He glarea at any of them who
make audible comments regarding him,
and so far has declined to even answer
questions entirely foreign to the ease
which have been addressed him by his
cell mate It seems Impossible to in any
wise find him off his customary guard
of coolness.
Public expectation Is st the highest
pitch owing to the latest discoveries.
DELIRIOUS MAN DROPS
DEAD WHEN ACCOSTED
(Jeeraal Special Ssrrlee.),
Chicago, Nov. II. Sydney Olesson.
who had been 111 the paat four months,
while delirious earry this morning,
evaded hla brother, who waa watching
at his bedside, end made bis way to the
street clothed only la his underwear.
While walking up Third street the
sick man was hailed tap James Hogart
who took him for a somnambulist.
Oleason started, aa though hit e h'sv
mann, while on the witness stand Wednesday afternoon,
testified that Richer, waa responsible for die favorable
action of the department concerning the fraudulent titles
involved in the present suit.
Francis J. Heney stated last night that he was greatly
surprised when Hermann went back on what he had told
him a short time previous to taking the stand. He said
that on Wednesday morning Hermann had gone over
the letters and other evidence relating to Senator
Mitchells introduction of Puter and request for the ex
pediting of the fraudulent claims, and that the ex -commissioner
had then told Heney that he recollected all
the circumstances of the transaction, and had personally
directed the issuance of patents.
"He read that press copy of the letter I banded him
YOUTH PARALYZED
BY BRUTAL HAZING
Studsnt of Mark Hopkins In
stitute of Art Is the
Victim.
NEARLY ELECTROCUTED
BY UPPER CLASS MEN
Losss Uss of His Body from His
Hips Down as Result of
Cruel Treatment.
Ban
Franc lr co.
Nov. 26. Almost
totally paralysed from his hlpe down,
Albert T. de Kome, a student fn the
school of design' gt the Mark Hopkins
Institute of Art now drags his feet
along the ground and supports his body
with a carte aa the result or a brutal
hailng which he Underwent Friday noon
at the hands of a'half score of upper
Clans men. ine nasina wm urm in
musty, vile smelling attic at 011 Clay
street.
De Rome refused to do some prescribed
stunts snd waa finally beaten on the
back with a strap. He was then stripped
and bound naked to a chair with a
metal seat. In imitation of the electro
cution Instruments at Sing Blng. Hla
body was fly papered and painted and
queer masks were put upon him.
The laugh rang loud and free. Then
an electric current was turned on the
chair. The sheck caused De Rome to
writhe The laugh rang louder and
freer. But the electric shock came
near killing Albert de Rome.
As the victim's legs quivered and he
kicked and worked convulsively shrieks
of merriment broke from his Inquisitors.
The current was repeatedly turned on
and off to see him Jump.
Finally, after his long torture de
Rome was released. It waa then found
that his legs were nearly useless. After
the drat two shocks de Rome ceased to
feel pain In hla legs, although they
worked under the deadly current with
an automatic movement such aa Is seen
in the limbs of a dead frog when touched
by two poles of an electric battery.
The doctors say it la a peculiar case
of paralysis, and his oomplete recovery
la doubtful.
RUSSIAN COMBINE TO
FIGHT STANDARD OIL
(Jeeraal Special Servlee.)
St. Petersburg, Nov. tl. Russian pe
troleum companies which control to per
cent of the petroleum exported via
Datcum have formed a new trust In op
position to the Standard Oil promotere
The new organisation urges the Russian
government to support the combination,
whleh. with the Austrian, Roumanian
and German compaalee will fight the
American combine
(Jaornal Special Servlee.)
Birmingham, Ala., Nov. II. Prank
Duncan, the notorious aaf a robber, who
took the lives of several officers, wee
hanged in the Jail yard today.
SIXTEEN PERSONS HURT
IN RAILWAY COLLISION
e (Joarsal Special Servlee.) e
0 Cleveland. u Nov. II. The fast e
Pennsylvania railway train, east-
e bound, struck sn Akron. Bedford a
e Cleveland trolley car at 8:20
e o'clock this morning near this city,
d. Injuring II passengers, of whom
e three will probably die The fa-
O tally injured ars: Arthur Brtggs
d of Akron snd William Phrone snd O
0 Oustavus Richards of Cleveland. e
e Nine others of thoee injured were e
O brought here on a special train and e
e placed in a hospital. ,
e The trolley oar left this elty but a
d a short time before the accident o
e end was heavily loaded. The e
e brakes failed to work as the car
e approached a creasing end the O
a "flyer" wss down upon It before O
e It could clear the track, striking a
O the rear end with terrific force O
e and hurling the broken car and a
e portion or the passengers far out I
e ahead. e
e The first reports received here
e were to the effort that seversl per- -e
S sons had been killed outright e
not two hours before taking the stand," aaid Mr. Heney,
"and positively' identified all the circumstances con
nected with its contents.''
This is the letter that Mr. Heney withdrew after of
fering it In evidence. It is the same epistle that aroused
considerable discussion during the progress of Her
mann's examination, and was referred to by Judge Pipes
as a "trap" to catch the ex-land commissioner, which
imputation Attorney Heney indignantly denied.
With the coming of Richards some sensations de
velopments are expected, and the order of Secretary '
Hitchcock, directing the commissioner to report at once
to Heney is looked upon as the first important step in
the direction of associating some high officials with the
conspiracy to loot the public domain.
im mm
U HsfilXS HI
Mrs. Stoessel. Wife of the Commander at Port Arthur. She is in
Charge of the Ambulance Corps in the Beleaguered City.
GUNS BATTERING
STOESSEL'S FORT
(Joerasl Special Servlee )
Washington, Nov. II. (Bulletin )
Unofficial advices received from what la
believed to be a trustworthy source. Is
to the effect that the Japanese are to
day making a supreme effort to capture
Port Arthur under orders from Toklo.
(Jearaal Special Service.)
Toklo, NOV. II. Japanese guns are
shelling the parapets on Rlhlung snd
Punshu mountains and inflicting heavy
damage The defensive works outside the
parapets have already been taken by the
Japanese and occupation of the forts Is
expected shortly. Their capture la like
ly to be followed by the fell of the
fortress.
A report Is in circulation here thst the
fortress Is expected to fall within the
next few days snd possibly within few
hours, as all Japan's efforts hsve been
bent toward Its reduction since the
fighting at Mukden became less stren
uous. Troops. It is said, have even been with
drawn from Oyama'a foroee to Join the
army attacking the Russian stronghold,
so thst the final attempt may not fall
through laek of men. The heavy can
nonade that has heretofore been turned
on the fortress hss been doubled In In
tensity as heavy siege gana. which have
hitherto remained silent are now being
turned with terrtflo power on the .Rus
sian walls.
It Is expected thst Btoesset will re
tire to hla last possible retreat aa soon
aa the works on Rlhlung and Bunehu
mountains sr taken.
Everything indicates that the supreme
effort of the campaign st this point Is
on tne eve or neing mane.
STAND
i
nounced that alnce the affair between
outposts south of Shakhe Tuesday all
hss been qulst
FRANCE APPROVES.
General Policy Will Be to Uphold Ac
tion for
(Journal Speetal Service.)
Paris, Nov. II. Replying to a ques
tion in the chamber today. Minister of
Foreign Affairs Delcaaee announced
that the general policy of France la to
(Continued on Page Two.)
NAN PATTERSON HAS
OFFERS OF MARRIAGE
(Jearaal Special Servlee.)
New Tork. Nov. it . Nan Patterson
will not need for another husband
should her trial end In the acquittal of
the charge of murdering Caesar Toung.
the bookmaker. She is being flooded
with letters containing suggestions for
rut ii re courtships and also In the bunch
are four offers of marriage outright
Two of these are from farmers who
profess to be highly Interested ia her
case and the other two sorters claim
to be young and heedeoeae business men.
who have been attracted by the beauty
of her Cms. as sees la the sssjsglsaisata
or
of
WILLIAMS
DILATORY
Mayor Refuses to Take
Action Toward Removal
of City Engineer.
WILL WAIT RESULT OF
OTHER INVESTIGATIONS
Assistant Scoggin and Inspector
Caywood Will Not Bs Dis
turbed as Long as Elliott
Remains in Office.
Mayor Williams refuses to take Im
mediate action toward the removal bf
City Engineer Elliott from office on
chsrges of negligence and incompe
tency, preferred in the report on the
Tanner creek sewer scandal, adopted by
the city-council. He is playing for
time, and evidently thinks the Council
haa been too hasty in accepting the fe-
ot its special committee of inves
tigation.
He haa decided to await the result
of the Investigation of the sewer scan
da! By the grand Jury. He says he
will not tske any action until the In
vestigation of the "work on Morrison
street bridge, First-street bridge over
Marquam gulch and the bridge over
Belch gulch has been completed by the
special council committee appointed
last Wednesday.
"As long as the council has ap
pointed a special committee to Inves
tigate other work which Is being done
under the supervision of City Engineer
Elliott," ssld the mayor today, "and as
that body has asked the grand Jury to
look Into the Tanner creek sewer matter,-
I have decided to await the out
come of these Inquiries. I will take
no action toward the removal of Mr.
Elliott until I learn the result."
Unless Mayor Williams is forced into
taking action by the city council be
fore these reports are completed by the
special committee and the grand Jury,
City Engineer Elliott will not be mo
lested for some time
It Is stated that the grand Jury will
not take up the Investigation for sev
eral days, as it has other important
matters on Its bands at present
which demand immediate attention.
Juat when the special council commit
tee will begin its Investigation of the
Morrtaon-atreet bridge end the other
structures Is not known. A special en
gineer will have to be employed and
perhaps a committee of experts wilt
also be asked to go over the work. Ia
11 probability this committee will not
be able to report to the council before
two weeks, Tji,
As long aa City Engineer Elliott re
mains In office George Scoggin, his chief
assistant end Inspector J. M Caywood
are ssfe Although they, sa well as
their superior, are held responsible by
the council for the faulty construction
of the sewer, there is no way of reach
ing them on any charge but through the
city engineer. They hold their posi
tions under the civil service commis
sion, snd all charges agalnat men In
thla department have to be mede by
the city engineer. If anybody files
charges sgalnat any one in this de
partment of which Mr. Elliott dees not
approve, he does not have to discharge
the man and prefer charges against him
before the commission. In such a case
he uses his own Judgment In this In
stance It is not at all likely that Scog
gin and Caywood will lose their posi
tions unless Elliott leeves the office.
City Engineer Elliott still refuses to
discuss the charge against htm. but
aeye he will do so "when the proper
time comes." He is fully convinced,
however, that he has been made a
scapegoat to further the political aspi
rations of others.
K W. Riner, the contractor, says other
developments will tske place regarding
the sewer. Me still affirms that he and
his father have been "Jobbed." He said
that the grand Jury would learn soma
Interesting facte, he thought.
Today was a quiet and restful one
for Miss Patterson, the Tombs admit
ting visitors only en her request She
ia much Improved In pNyslcel condition
aad nerve, and approaches the trial of
tomorrow In better spirits. Her father
called upon her this morning
soothed snd petted
utea. after
ease with
A
the
be far seese sia- jl
fHP5L;C . i l&laSaiasalsaaa
I
New, ana dropped