" whtX&hALM. .J Jiff j
G
OOD EVENING.
THE QRCULAT1Q.1
OF THE JOURNAL
YESTERDAY WAS
17.020
Tonight and Wednesday, occa
sional rain; high southerly winds.
VOL. III. NO. 230.
PORTLAND, OREGON, TUESDAY EVENING, NOVEMBER 29, 1904 FOURTEEN PAGES.
PRICE FIVE CENTS.
RICHARDS
LAND
BLOW TO
DEFENSE
Land Commissioner Re
fuses to Be the Con
gressman's Scapegoat
SHOWS THAT HERMANN
LENT SWINDLERS AID
Riddles His Predecessor's State
ment ' and Suppliee Cape
in Hermann'e Inter
mittent Memory.
To give the He to the sworn testimony
of any witness Is a serious matter. When
the witness whose statements are thus
attacked holds the exalted .position of
member of congress, and when the con
tradiction of bis testimony comes from
one of the highest officials In the na
tional government, the gravity of the
accusation Is increased a thousand-fold.
United States Land Commissioner W.
A. -Richards, who crossed the continent
for the purpose of contradicting the tes
timony given last week by Congressman
Dinger Hermann, was on the stand to
day In the lund-fraud trial In progress
In the federal court, and his refutation
of Hermann's statements was sweeping
and emphatic. Tersely, clearly and un
equivocally he told the story of the Issu
ing of patsnts to Emma Watson at the
personal direction of Blnger Hermann,
who was then at the head of the general
land office.
In extraordinary contrast to the shuf
fling evsslons and" frequent forgetful
ness of Blnger Hermann, from whose
memory had been studiously eraeed
every Incident that could possibly show
his connection with the conepiratorn,
Commissioner Richards' testimony was
given In a simple, straightforward man
ner that carried conviction to every one
in the courtroom
middles Hermann's Testimony.
Not Once was .there the suggestion
that facta were being withheld or that
they were being distorted to nerve any
personal or ulterior ends. There was no
display of persona) feeling against the
man who had attempted to ftlng upon
him the responsibility for the final rati
fication of the fraudulent claims, though
the emphasis with which Commissioner
Richards declared that he had nothing
to do with the ease except as directed by
Hermann could not be misunderstood.
It was plain that he would not tamely
submit to being made the scapegoat for
the shortcomings of his former supe
rior. Hermann's assertion that It was his
assistant. Richards. Who approved the
Watson claims and caused the patents to
issue was completely riddled. The testi
mony of the witness showed conclusively
that it waa by Hermann's own direction
that the patents were issued.
Repeated Interviews occurred between
Hermann. Puter, Watson and Commis
sioner Rlchsrds, who was also present
upon the famous occasion when Senator
Mitchell called In person upon Hermann
to have the Watson cases expedited. The
gaps caused by Blnger Hermann's Inter
mit ten memory, the facts which cast
the ex-oommlssloner the real re
sponsibility for the issuing of patents to
the Puter-Watson ring, were supplied by
Commissioner Richards testimony.
The variance In the evidence given by
the two witnesses were not more marked
than the contrast In their demeanor
upon the stand. Hermann's obvious
snxlety. his shifty evasions of all ques
tions that threatened to plaoe him In an
emharraasing light, his palpshle effort
to cast upon a subordinate all blame for
(Continued on Page Two.)
HAD PLOT TO SMUGGLE
CHINESE BY WHOLESALE
X
:
:
(Journal Speelsl Berries. ) 4
San Antonio. Tex., Nov. Si e
The Immigration authorities
have been informed of a plot 4
hatched In Ouaymss. Mexico, to e
smuggle Into the United Ststes
JO.000 Chinese coolies and clean
up ,MO,000. e
The plan was worked out by 4
an American, a renegade Mexl- e
oan and Chinese merchants. 4
sch Chinese 'smuggled Into the e
United States to pay to the e
conspirators tlOO.
The plsn was to bring the ce- e
lestlals into Mexico, cut off their 4
queues, let their hair grow e)
simllsr to. that of the Indian e
tribes in the mountains of
Texas teach them the Mexican
language and give them Mexican d
names It Is thought that with e
these preparations It would be e
easy to smuggle them across the
border ss Mexlcsn peons. e
The Amerlcsns In the company 4
were to have agent" on this
of the line to handle all sent over 4
and see that they were die- d
trlbuted In various cities, where
Chinese merchants end eon- 4
tractors were to furnish protec-
tion and work In Interior places. 4
sTal sjsafci la. am
MBSfe " ' aTJ
Mr ' '' ' T.t; ' ' AT- Bus. dfl
nmWhk W '
KSMU&Vtbfct 'aetfgfl SssnW. gagaT a4BaH taB
Land Commissioner W. A. Richards, Who Is Testifying in the Land
Fraud Cases Today. ,
MYSTERIOUS NOTE
IN CHAPW1CKCASE
Collateral to Amount of Five Hundred Thousand Dollars, Said to
Bear Signature of Andrew Carnegie, Purported to Be
Among SecurltiefirrCelebrated Case.
(Journal Special Serrlee.)
Cleveland, O., Nov. 2. The hearing
set for today of the case of Newton
against Chadwlck, wherein an applica
tion Is made for a receiver for the Chad
wlck securities, waa continued until
Thursday morning. The continuance
la " the result of a mutual agreement
between the appearing attorneys. The
mysterious note for $500,000, mentioned
In the petition of Herbert Newton, the
Boston banker, who holds Mrs. Chad
wlok's notee for 1180,800. Is now al
leged to be signed by Andrew Carnegie.
Attorney Ryan, counsel for Newton,
stated that Newton told him that he
had actually seea the Carnegie note.
Although the Carnegie story Is not
believed in some quarters, there are
many who express the opinion that be
fore the trial cornea to an end there
will be several other men of prominence
whose names will be brought before the
public. These men, It is alleged, have
been victims to the extent-of several
thousand dollars each, all of which has
gone to swell the coffers of the
hynoptlcal Mrs. Chadwlck. To these vic
tims Is given the credit for the report
MISS NANCY LEITER
WEDS MAJOR CAMPBELL
(Journal Special Serrtec.)
Washington, Nov. 29. The weddjjig of
Miss Nancy Letter, daughter of the late
Levi Z. Letter, the Chicago millionaire,
and a stster-ln-law of Lord Curaon. to
Major Campbell of the English army,
was solemnised st noon at the home of
the bride's mother on Dupont circle.
Only the Immediate members of the
Letter family, a few intimate friends
and several representatives of ths Brit
ish embassy were present. Rev. Dr.
Rolsnd Cotton Smith, rector of St.
John's church, conducted the ceremony.
A wedding breakfaat followed and the
couple departed on a honeymoon which
will end with their arrival at the
groom's station with his regiment In
India, ths central India horse.
FORTY SLEEPERS SAVED
FROM DEATH IN FIRE
(Journal Special Service.)
New Tork, Nov. Sf. Firemen early
today carried 40 screaming youngsters
from a burning five-story tenement at
114 Ninth .avenue. Thirty adults were
also aided to escape. All were, asleep
when the fire broke out and had not time
to dress. The loss is small.
umiom n CTJomi),
Uearasl Special service.)
San Francisco. Nov. II. Superior
Judge Hebbard this morning rendered a
Judgment in favor of the Crescent City'
Feather company versus the Upholster
ers union and granted a permanent in
junction agslnst boycotts and pickets of
the union.
that emanates 1 from New Tork to the
effect that the case may be settled out
of court. It Is said that these men are
possessed of large wealth and would
prefer the expenditure of a considerable
amount of money rather than have their
names dragged before the public, as
some of them are the possessors of
families who are prominent In society.
CARNEGIE DENIES.
Through Mis Secretary Makes Statement
spring .'
(Journal Special Service.
New Tork. Nov., 20. Andrew Carnegie,
through his secretary, today denied all
knowledge of a note for 1600,000 alleged
to be held by Mrs. Chadwlck. Mrs.
Chadwlck Is still at the Holden House.
Her lawyer. Judge Albaugh, said she
was completely proetrated, and Is con
stantly attended by. physicians. He
strongly Intimated that the ease would
be settled out of court.
GOOD BORROWER.
Mrs. Chadwlck Oot Four Times as Much
as the Oberlln Bank's Capital.
(Journal Special Service.)
Oberlln, O., Nov. 2S. Director Whit
ney of the Cltlsens' National bank said
this afternoon that the amount loaned
to Mrs Chsdwlck by President Beckwtth
was 1240.000, whloh Is four times th
capital stock of the bank.
Heck with loaned her $102,000 personally.
JUST WHAT LAND FRAUDS
ARE AND THEIR OBJECT
Persons unfamiliar with ths methods
of the conspirators who have sys
tematically robbed the government of
Its lands In Oregon, frequently ask why
Puter, McKlnley and their co-defendants,
now on trlsl in the federal court,
should hsve desired to acquire title to
the uninhabitable, mountalnoua waatea
covered by their pretended homesteads
In township 11-7.
The explanation Is afforded by the
avldenoe now being developed by the
government. Township n-T Is within
the limits of the Cascade forest re
serve, which was created by proclama
tion of the president: September 2t.
una. All vacant non-mineral .govern
ment lands within the limits of the re
serve were thereupon withdrawn from
settlement. But under the so-called
"scrlpper law" any person who, prior to
the creation of the reserve, had settled
upon lands afterward Included within
the reserve, may, If he so desires, relin
SWARM UP
THE HILL
Tokio Says Terrific At
tack on Port Arthur
Is Now in Progress.
JAPANESE GAIN MANY
IMPORTANT POSITIONS
Russians at Mudken Are Re
ported to- Be Crowding
the Japanese
Back.
c Journal "pedal Service.)
Toklo, Nov! 29. A report from Port
Arthur ststes the Japanese have today
captured the crests and counter-scarpj
on Sung Shu mountain, and sre now de
stroying the casement caponiers.
They have also captured the enemy's
shelter trenches, near the summit of
which Is known as the "203-meters"
hill. They are holding these positions
and are now trying to capture the whole
mountain. The positions gained ara
important.
According to the report, the conflict
now is of the most terrific character.
Hand to hand fighting has been the rule
In many instances and the Russian de
fense Is "unparalleled In stubbornness
and determination. """"
The Japanese, on the other hsnd, hsve
conducted assault sfter assault with
such a total disregard for loss of life
that In many cases men have been
compelled to literally march over the
bodies of the dead to reach the goal.
The fate of the outer forts Is hanging
in doubt, and there Is great expectancy
here that the downfall of the fortness
will be chronicled before the week la
ended. It is believed that today will
see Japanese occupancy of positions
which' will enable Oki e men to speedily
bring Stoessel to terms.
Strangely enough, there have been no
reports received at Chefoo of any un
usually heavy firing. Ordinarily the
muffled SoWd or tKe' TSBSvTeT'funTT has
told to those at sea the progress of any
extraordinary bombardment.
HEAVY SKIRMISHES.
Xuropatkln Beporta the Gaining of a
Position Meld by Japanese.
i Journal Special Service.)
Mukden, Nov. 29. General Kurokl, ac
cording to the statements made posi
tively by Japanese prisoners. Is not
(Continued on Page Two.)
MADAME JANAUSHEK, THE
TRAGEDIENNE, IS DEAD
4 (Journal Special Service.) 4
e New Tork. Nov. 29. Madams e
4 Jsnaushek, the famous actress, 4
4 died last night at the Burns wick
4 house, Amityville, of paralysis. 4
4 In her death passes one of the 4
4 most famous women of the
e stage. Franceses Janaushek
was born In Bohemia In 18S0 and
4 became prominent as an actress
4 in her own country and Germany
4 before shs came to America In
1S7. She studied English until 4
4 she mastered It. but there waa 4)
4 always noticeable a slight accent 4
4 which rather added than de-
4 traded from her delivery. 4
4) It was but a few years ago 4
4 that she retired from the stage,
4 but up to her very last appear-
e ance she was considered as a 4y
4 queen of tragedy.
?
quish his land to the government and
may select other land In lieu thereof.
Settlers sre allowed a reasonable time
limit within which to complete their
titles. Just as if no reserve hsd been
created. When a settler relinquishes
his land In this manner, scrip Is Issued
to him by fhe government, good for an
equal amount of vacant government
land anywhere else.
The evidence already given In t he
land fraud eases shows thst some seven
years after ths creation of the Cascade
forest reserve It homestead applica
tions were filed In the Oregon City laud
office, for claim lytag in township
11-7. The lands covered oy these claims
were Intrinsically worthies and thsy
were only desirable as "base" -I. e . as
a means for acquiring scrip. As scrip
was then selling at about ft an aore, the
IS claims were worth aa base between
111.000 and $14,000
It la the contention of the govern
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I . ! ,g4nmmmmmmmmmmmf leg-H
John Manning, District Attorney, Who Denies Charges That He Is Ham
n'j pering the Work of the Grand Jury.
MANNING TO DRAW
UP TRUE BILLS
Trouble Between District Attorney and Grand Jury at an End,
the Former, on Judge George's Advice, Agreeing to
Follow Instructions of Inquisitorial Body;
Indictments will be drawn by District
Attorney John Manning against whom
soever the grand Jury thinks Is guilty
of a crime, and the official will follow
the Instructions of the Jury specifically.
Among the Indictments that ha will
draw will likely be one against Eugene
Blaster, charging him with perjury.
An agreement to this effect waa
reached this morning aa the result of a
conference between the Jurors and the
district -attorney, after a large pert of
this morning's session was devoted to
the matter.
"There exists no trouble between the
district attorney and the grand Jury
now," eald one of the Jurors this morn
ing. "He will draw up Indictments as
we see fit to Instruct him."
It waa stated authentically this morn
ing that the trouble nad been settled,
and that it waa caused by s disposition
on the part of the district attorney to
refuse the drawing of an Indictment
against Eugene Blaster.
Preatdlng Judge George of the circuit
court refused to be-interviewed regard
ing the trouble. He also refused to
state what action would be taken In
caae the district attorney persisted in
his refusals to follow the Instructions
of the grand Jury and malfeassnce pro
ceedings were begun. ,.-'
"I can give no Information on the
subject and am not In a position to be
quoted on a matter that may be at all
likely to happen." he said.
Manning Den tea Everything.
Mr. Manning denies absolutely that
there are differences between him and
the grand Jury. He aaserta thst stories
to that effect emanate from Judge Henry
K McGinn. He also denies that he was
tsken to task by Judge George for stand-
ment that all of these It homestead
claims were fictitious and fraudulent,
that no actusl settlement was ever
made upon any of them, and the sole
object of the pretended settlers was to
use the claims as base. Proof has been
made thst patents were Issued upon the
claims, that the lands were then relin
quished to the government and that
other lands were selected In lieu of
them.
Although the lands embraced In the
fraudulent homestead claims were of no
Intrlnelc vslue, they were worth aa
base If an acre.
The nperstlons of Puter and his eon
federates were of course not confined to
township 11-7. snd the claims which
they acquired there were hut a small
fraction of the land they are supposed
to have Illegally obtained by similar
methods elsewhere In the forest re
serves of the state. This was but
of many townships In which they oper
ated.
Ing -on his dignity as district attorney,
and waiting Tor the Jury to come to
him Instead of his going to the grand
Jury.
"There is ne truth in the story that
there is trouble between the grand Jury
and myself," he said. "I refer you to
any member of the Jury to verify my
statements. I have never refused to
draw an indictment for the grand Jury
since It baa been in session, snd I refer
you also to sny member of the Jury to
substsntlate this statement. The grand
Jury did not ask me to draw an indict
ment for them in the Blaster case. When
they do Instruct me to draw an Indict
ment against Blaster I shall certainly
do so.
"The stories that recently appeared
sound McGlnnlsh. I refused to allow
Mr. McGinn to appear In the grand Jury
room for the reason that the statutes of
the state do not permit anyone to be
present or wait upon the sitting of the
Jury except the district attorney. I also
refused to allow Mr. McGinn to appear
witn me in any caae when he doea so
voluntarily and without pay. because I
know his purpose. 1 will not shut any
attorney of the Portland bar out of a
esse when their services are paid for,
or keep them In any manner from mak
ing a fee. This the boys' well know.
"Mr. McGinn In the beginning of this
crusade of his, came to my office and
told me he knew he couldn't fool me,
but wanted to take me Into his political
scheme to help him get even with the
Mitchell wing of the Republican party
and Jack Matthews, which I refused to
do. I will say that there Is not another
attorney at the bar that would resort
to the low, mean, unprofessional ways
that Mr. McGinn has since this grand
Jury has been In session."
Medina Too Busy to netort.
Judge McGinn refused to reply to
Mr. Manning's remarks. He had othef
business that required his time and at
tention, he said, than entering Into a
discussion with ths district attorney.
"However, you may say for me that
I will appear In the prosecution of the
Nease case," he declared. "Mr. Man
ning has his nerve', when he assumes
to put me out of the case. I have been
recognised by the court as one of the
attorneys for the prosecution, and until
I am ordered by the court to desist I
shall continue my attempts to convict
these men, whom I know to be guilty."
Mr. Manning was Instructed regard
ing hie duty by Presiding Judge George
at noon yesterday. They met on the
stairway leading from the courtroom.
Judge George had been informed by the
foreman of the grand Jury that a report
would be made at 1 o'clock, provided
the signature of the district attorney
could be secured to the papers. The
judge asked Mr. Manning if he had
signed the Indictments. The district at
torney replied thst he hsd not. The
Judge wanted to know way
"1 Know nothing about
these indict- 9 wjssjsev
saeena." repueo sir. Manning. 'TM 2W -i
grwM Jry M not consult sm tn the 4 Sfv
THOMAS
MISSING
Important Witness in the
Sewer Scandal Has
Suddenly Disappeared
SAID TO BE HIDDEN IN
THE ITY BY FRIENDS
Without Him It Is Impossible to
Prove Conspiracy Before the
Grand Jury, Which Is In
vestigating Case.
Walter R. Thomas, the man who con
fessed before the council committee
of investigation into the Tanner creek
sewer scandal that he had accepted, .
money to leave defects In the sewer to.
Injure the contractors, has disappeared.
He cannot be found In the city.. although
the grand Jury has been looking for
him. snd special detectives have been
engaged to locate him.
He Is attempting, it Is declared, to
evade summons before the grand Jury,
where he would be forced to tell all he
knows of the Tanner creek sewer soarf
dal, which Is ssld to be much more thaa
he disclosed at ths time he appeared
before the Investigating . committee
The last Ume he was seen by any of
his acquaintances wss on Friday night.
A. R Mendenhall. of Mendenhall 4V
Mendenhall, attorneys for R. M. Rlner
A Son, the contractors who built the
seVer, says he knows Thomas waa in
the city on that day, but has not heard
of Him since. Mendenhsll is very anx
ious to find him for he states it la to
the Interests of his clients that ThomsS
be summoned In order to give all the "
testimony possible regarding the charge
or DrtDery.
There are those who believe that
Thomas hss left the elty, and will re
main away until the grand Jury has con
cluded Its work. There Is one. however,
who is of the opinion that Thomas hag
net-left the elty but is In hiding.
. Thomas Co ncaaled In the City.
"Thomaa has not left the city," said
the man: "He Is hiding, and he will not
be found until after the grand Jury has
concluded Its work. His friends wilt
take care of him. They will not allow
him to get Into trouble. The grand
Jury has been seeking him for several
days, but cannot find him, and I do not
think It will. It Issued a subpoena for
him several days ago.
"There are more people than the grand
Jury after htm. There are a few people)
who would like to know that he will not
testify sgalnst them. I do not believe
that Thomas will be seen until all dan
ger of his being summoned before the
grand Jury Is over."
At the time Thomaa appeared before
the council committee he stated that ha
had been a foreman of the aewer gang
for several weeke. woe night he waa
approached by a man who asked him it
he would like to mske some money. He
said that he told the man that he would.
"He told me then," said Thomaa, "that
If I would leave certain defects In tna
sewer, so that they could be found after
the work was completed, I would be well
paid for It. He gave me to understand
that be had been K W. Rlner's former
partner, snd that Riner had thrown him
down' by taking the figures of the bid on
the sewer and giving them to hie father,
who underbid the remainder of the eon
tractors and broke the pool.
"Some nights later he gave me 150 In
the tunnel, and a few days after that he
sent a man to my house with between
flS and tZO."
Thomas said he left out a stone block
Continued on Page Two.)
FRICK RACES AUTO TO
PREVENT RUN ON BANK
e (Jjersal SpeeUl mwrrkt )
4 Pittsburg. Nov. 1. Henry C. i
4 Frlck. the Pittsburg coke king i
4 and financier, was In Wooster.
O., lest Friday snd SstuM.ty. .
standing guard over a small hank I
d In which some of his friends hid I
e their little all. It wss ths
Wayne tVunty National bank
e Which Frlck saved from ruin.
4 Word came to Pittsburg Krl-
day morning that the Wooster 4
4 National bank had gone to the 1
4 wait Frlck called up the hank i
4 people at Wooster and asked how
4 they were Axed sgalnst a ran. -4
The reply was unsatisfactory,
e Flick gathered up a couple nf
: grips filled with money and.
getting an automobile, started
for wooster. He reeatneo were
early In the afternoon and seat
out word that anyone hevusj
In the Wsyne County bank
could aavs 41 honored si .oce.
wim i tie
2 mmS mm
. . i t ssrrx..i.