THE OREGON DAILY JOURNAL. PORTLAND. WEDNESDAY EVENING. NOVEMfrCTl ' HOI JAPANESE GAIN A FURTHER FOOTHOLD Fall of Two Forts Expected Bo fore the Day's Fighting Comes to a Halt. KUROPATKIN ASSUMES OFFENSIVE ATTITUDE In His Report Says Japanese Are Very Much Depressed Since Sunday's Fight (Joarnal pert! serTlea. ) Toklo, Nov. so. (Bulletin) It Is re ported this afternoon that the Japanese have assaulted and carried the entire southeastern portion of "201 Meter" hill '' - i Journal Special service.) Rome, Nov. to. A dispatch to ths Newspaper Otornale ,dl Roma from Ite correspondent at Toklo says that tha fall of the forts Sungshan and Kekwan Is expected today, according to advices received In the Japanese capital. Russian prisoners taken this week de clare that Oeneral Stoessel Is determined that the fortress shall not fall by as sault and that It will have to be a battle f annihilation to bring about such re sult. The troops are said to be lh the same determined frame of mind as their commander and are constantly encour sged by him. In his attitude. Everything is In readiness, In case the assault proves overpowering, to retire to Llaotlshan and the other smaller forts on the Tiger's Tall. Here another de termined itand will be made un. succor comes from the Baltic fleet or until the fight has. in Stoessel's judgment, become absolutely hopeless. Communlcstlon by wireless telegraphy haa been restored between Chefoo and the Port Arthur garrison and Stoessel la therefore constantly Informed of the progress of ths Baltic fleet to the east ward and Issues all such news to the garrison, which is greatly encouraged thereby. The prisoner sjr that Stoessel, In rasa he la compelled to retire to Llaotl ahan, wilt leave all non-combatants be hind, compelling them to throw them selves on the mercy of the Japanese. Stoessel some months ago tried to In duce them to leave the stronghold on the plea that food would probably be come scarce before the selge ended. He did not make this compulsbry. how aver. In his order that no non-combatants shall be allowed to accompany the garrison In caae a retreat becomes nec essary, Stoessel refers to this and at the same time pay a compliment to the Japanese by calling attention to the fact that they have always accorded humane treatment to Inoftenalve civilians. The dispatch concludes with the state ment that fires srs raging like furnaces In many parts of Port Arthur and have been for several -days past. It is not known that any attempts havs been made to extinguish them, which lende color to tha belief that Stoessel Is ac tually expecting to be compelled to re treat to tha Llgottshan works. RUSSIANS ADVANCE. ZnropatklB Telia of righting and Bays Japaaese Are Depressed. (Journal special Service.) t. Petersburg, Nov. so. (Sen. Kuro patkln reports that the Japanese de tachments which were dislodged after the battle of Tslne Chan Sunday, stopped near Sung Ducen, ihd says the Japan ese are greatly depressed, and that they carried many wounded with them. Kuropatkln adds: "The Russians this morning resumed the offensive. Ten versts from their previous position our vanguard encountered the enemy's fire. "At noon our artillery replied while the infantry advanced. All is quiet at the center end on the right wing." It is the general belief here In St. Petersburg that Kuropatkln la contem plating a general advance On both wings, thds doubling around the Japaneae army and compelling It to retreat or give general battle to avoid an enveloping movement. This would have the effect of bring ing the situation to a crisis, and would at the ssms time compel the Japanese to desist from the vigor of their Port Arthur operations, giving the strong hold a breathing apell until It could be relieved by the Baltic fleet. If, as la reported from outside dispatches, the Japanese have diminished their forces st Mukden to assist in the assault on Port Arthur, It would compel a hurried return of these troops, or throw Oyama open to a dlsaatroua defeat. MIKADO OPENS. Japanese Diet Will Consider Plan to sseet the War Expenses. (Journal Special Service l Toklo, Nov. to. Tha Jspsnese diet wss formally opened today by tho mikado In a speech from the throne. The mikado announced that a scheme would be submitted to meet the extraor dinary war expenses. What this plan ta was not msde pub lic, but It is unquestionably the one that haa been worked on by the council A Matter of Health There is a quality in Royal Baking Powder which makes the food more digestible and wholesome. This peculiarity of Royal has been noted by physicians, and they accord ingly endorse and recom mend it. SOYAL SAK1N0 POWDES CO., NEW YORK. of ministers In the past few weeks, and retarding which project there was no secrecy. Referring" to the war the mikado said: "Our expeditionary forces have been vic torious in every battle. They have re peatedly shown fresh proofs of tbelr loyalty and bravery so that the progress-) of the war haa been constantly to our advantage, and ws expect by the loyal devotion of our subjects to attain our ultimate object." DAVIS ACCEPTS. Scholarly Baas' Admiral to America on Sogyerbaak Commission. (Journal special Service.) Washington. Nor. a. Rear Admiral Davis haa accepted the appointment to tha Doggerbank commission. The ap pointment mi . ta with the approval of those ta the navy, inasmuch as Davis Is reoagnlsad as a man of exceptionally scholarly attainments and a tine Judicial mind, lie has made a study of tern peraturea and preelptatlon effects and Is the author of several recognised technical worka. MOT OVSX.T DAxUOlD. (Journal Dperlal Service.) Brest. Ndv. 10. Ths Russian torpedo boat destroyer Prailtolny, which put In here In a damaged conditions, will lie repaired In two or three days, which will enable her to overtake the Baltic squadron on Its eastward cruise. The damage was not as serious ss at Orst reported. TOOK IZOUIOE BUMOB. ' Joarnal Special Service.) London. Nov. 10. A rumor Is current on the stock exchange this morning that Port Arthur haa fallen, but It Is not In anywise confirmed. - Some color is given to the report by dispatches that were received In Paris which state that dominating positions have been taken by the Japanese WHITEAKER HOP SUIT IS GIVEN TO THE JURY (Special Dispatch to The Journal.) Corvallls, Or., Nov. 10. There are to cases on the Benton county circuit court docket this term, only one being of a luminal nature, and the balance civil cases? The suit of Kola Nels, as ad ministrator of ths lata M. Fabre. the well-known Albany brewer, agSlnst John Whiteaker and son, Frank Whiteaker, ia attracting considerable attention. The action Is a suit for recovery of the dif ference In the value of 10,000 pounda of hops at 10 cents a pound, as contrac ted and the present market price of 31 cents. The case occupied the attention of the court all of yesterday afternoon, and went to the jury this afternoon. It Is thought the Jury will be unable to agree on a verdict PLATT A WITNESS IN -OLD ANTHRACITE CASE (Journal Special Service.) New York, Nov. 30 Senator Thomas C. Piatt gave evidence before a referee today In the case of A. D. Wsles of Blnghampton against President John Mitchell of the trmted Mine Workers to obtain 1100.000 for furnishing a plan for settling tha anthracite coal strike two years ago. Ths case cams up for trial at Blng hampton some time ago. but was "post poned because SenatotPlatt, J. Pltrpont Morgan and other prasstlnent men sub poeraied ss witnesses failed to put In an appearance. It Is expected that the case will be tried at Blnghampton In January. ONE KILLED AND TWO INJURED BY EXPLOSION lloiirnal Special Service.) Sharon, Pa., Nov. 30. By the explo sion of a can of blasting powder near here today one man was killed outright snd several others badly Injured, two of whom, may die. The men were engaged In blasting rock, and while not known for a cer talnty. It Is thought the msn who was killed was directly responsible for the accident. He was handling the powder can when It exploded. His body pre sented a frightful appearance. POWDER PRESS KILLS AND INJURES WORKMEN (Journal Special Service.) Xenla, Ohio, Nov. 30 By the explo slon of a press mill at the Miami Pow dor works, five miles north of here, at 7:30 o'clock- this morning, Matthew Smith was killed and three other work men badly burned. The exact cause of the accident Is un known. Smith's body was badly bruised and his limbs broken. Thst part of the building where the explosion occurred was badly wrecked It Is thought the others who were Injured will recover. WANT SOWS KELEABED. (Journal Special Service.) St. Paul, Nov. SO. Bdwln Richardson of Denver today took the Coloradd elec tlon tangle before Justice Sanborn of the United States circuit court of an peals, and asked that a writ of habeas corpus be Issued for Michael Dowd. the election official who was arrested on the order of the state supreme court. md wss to have, his bearing December 10 In St. I .nut.. MISS PATTERSON HAS TONSILITIS Is Under Physician's Care in the Tombs, but Trial Delay Not Expected. WIDOW OF BOOKMAKER IS VIGOROUS PROSECUTOR Leaves No Stone Unturned to Gather Evidence for the Con viction of Prisoner. (Journal Special Service.) New York, Nov. 10. Nan Patteraon la III In the Tombs with tonsllitis and a high fever. Dr. McOulre. the Tombs physician, says that lis thinks tha young woman will be able to appear in court Monday, when her case will be called again. The fact that Miss Patteraon's mother hag been very 111, together with the strain attendant upon the trial, have to a certain extent undermined the prison er'a health, and her featurea now pre sent a careworn appearance. Notwithstanding ths numerous reports that have gained circulation the past week relative to vsrlous eyewitnesses to the shooting of Bookmaker Young, It la generally conceded that when the time arrives these talea will prove to be for the most part unfounded. Attention is called to tha vigorous manner In which Mrs. Csesar Toung Is prosecuting the alleged slayer of her husband and previous despoller of her home. She la leaving no stone unturned, end Is pushing with the vlndlctlvenees of a woman scorned, every possible clue in sn effort to prove guilty the pale lit tle woman In black, who each day pf the trial alts beside her aged father, let ting no word escape her as she watchea closely the struggle that will proclaim her an Innocent and free woman or con sign her to prison. Reports of supposed eye witnesses differ. One Is to the effect that Toung was seen holding a pistol while Miss Patterson struggled to take It from his grasp. Another Is that the situation was reversed. As to opinion among people to whom Toung and Miss Patterson were well known, the balance Is, from many indi cations, slightly In favor of tha fair de fendant. CONFESSION ON STAND (Continued from Page One.) possible to get hold of lands In ths township. A few days later McKlnley talked with the witness and said they might get hold of lands by making affi davit that settlement had been made before the creation of the reserve. Witness rsfused to consider this sug gestion. McKlnley then said that he knew of parties - who had made entries years before and their rights might be' secured and the claims proved up. "What talk was there aa to the possi bility of making; out the proofs without having the parties appear before you?" "There was some talk about that but I refused to do It." Thereafter McKlnley brought in a number of persons who represented themselves to be settlers In township 11-7, and they made proofs, the oath be Ing administered by witness. He was not acquainted with any of these en trymen, and all of them were Intro duced by McKlnley. "Who wore these entrymen who ap peared before youT" "They were George A. Graham Thomas Wllklns. George D. Pettia, Z. K Watson. Alex It. Brown and Nellie Backus." False Proofs. "Look at these other proofs certified by you and state whether any one ap peered before you to swear to these proofs." "No, sir, no on appeared." "What proofs are thesef "The proofs of Mettle S. Lowell, William McLaughlin. Christie l : Lang- ham. James A. Taylor, John F. Poster, A. O. Austin and James Wakefield. In theee cases McKlnley took the papers away from the office and brought them back signed. He aald the people had signed In his presence and that It was all right" "Then your certificate that these en trymen appeared before you and swore to their proofs was untruer "Tes. sir." said the witness, In a voice almost inaudible. "How did you come to do this? Tell the Jury." "The first time I did It I asked Mc Klnley to have the people come In after ward and take oath, but he never did so. After I hnd given a false certificate once. It did not seem hard to do It again." Montague testified that McKlnley paid the fees and the cost of publishing no tices. The witness was still on the stand when the hour of adjournment for "the noon recess arrived. X agister Bridges Appears. Karller In the morning, Joseph F. Bridges, register of the Roseburg land office, was on the stand. Ha testified to his acquaintance with McKlnley and to the fruitless efforts of the land of fice to find George A. Howe, the Imagi nary person created by the conspirators as a medium for the conveyance of the titles of the claims secured. There was a prolonged legal battle over the admis sibility of some of this testimony, but It was finally allowed to go in. Mr. Heney handed the witness an ab stract of title to the Howe claims and asked him to note the concluding para graph of the abstract. It read: "This abstract made for and at the request of George A. Howe, this list day of No em ber, ltOl, at i a. m. reigned) Linn County Abstract Company, by B. M. Puyn. Manager." KcXlnley's Warn. Erased. Mr. Heney called attention to the fact that another name had originally been written In place of Howe s, and that the first name was that of II. Q. McKlnley. This statement caused a sensation, and the document was Immediately subjected to the closest scrutiny by the defend ants' attorneys. Both names had been rttten with a typewriter, and It was apparent that Mr. Heney's statement was correct McKlnley's name was eas ily legible when the paper was held to the light, and the Ink had struck through so as to be still plainer on the under side of tha sheet i his is on. or tne strong unas in ma proof that McKlnley and Howe were Identical, and Mr. Heney stated that further evidence would be offered along the same line The substitution of the name of Howe for that of McKlnley occurs In the ab stract of title to the southwest U of southwest of section 4; southwest of section li southeast of section t; seat M of west V and southeast of section 7; and north H of section . township it south, rang 7 east These are the selections thst were made In lieu Of some of the fraudulent entries In 11-7. There are two obliterations evidentone on the outside cover where in It appears that the abstract wag made at tha request of George A Howe, on Nov. tl. l0l; and tha other In the certificate of B. M. Payne, manager of tha abstract company, (that the name of Horace G. McKlnley was erased In both Instances, and that of George A. Hows substituted) and that expert testimony will be produced to establish these facta. Trial May Be Prolonged. While It Is considered that there is a fair prospect of tha present land fraud case coming to an end some time next week, this is met el y speculation, aa un expected developments may occur to prolong tha trial. During the Hyde Dlmond hearing at San Francisco It was not thought that caae would lost more than two or three weeks, but piaiond, a co-defendant, surprised the prosecution by taking the witness stand. His direct testimony was of such a favorable character that had the evi dence given by him prevailed. It would have defeated the government'a attempt to take Hyde and Dlmond to Washington for trial, aa they had to ahow Dimond'a connection with the conspiracy while a resldant of the Dlatrlct of Columbia. IB order to sustain the theory of Jurisdic tion. Francis J. Heney subjected Dlmond to a cross-examination lasting three weeks, with the result that Dlmond left the stand a nervous wreck, the en tire line of defense being shattered com pletely, and Commlasioner Heacock, before the hearing was held, unhealtat Ingly bound tha defendants over to ap pear In the east Cases In the federal courts, wherever the government Is In any manner Involved are nearly always very uncertain as to the date of their termination. Montague's testimony was continued this afternoon under direct examination In reply to Mr. Hall he stated that none of the applicants personally appeared before him In making the entries or final proof. The papers were brought to him already signed by Horace G. McKlnley and witness acknowledged them, certi fying that affiants were present. The deeds conveying the tracts were also left with him by McKlnley. They had been signed previously and none of the transferees appeared In person. In each esse the name of the grantee had been left blank, but was afterward filled In with that of Emma L Watson. McKtn ley told witness that he was a notary public and could attest the signatures. The deeds were left In Montague's possession for some time until taken away by McKlnley, who Informed wit ness that he was going to dispose of the land; that Puter had put up the money for moat of them; he was going to procure deeds to him. About the time patents were recorded for most of the lands, Puter came to tha court house and witness met him on the stairs and asked him If there was anything coming to him out of the transaction. Puter replied that there were a great many expenses attached to getting the titles, and that there waa nothing coming to Montague. A few months after Puter had recorded the patents he told witness that they would have to mske arrange ments about amending the final proof. Indicating that there was some sort of governmental Interference, and It would be necessary to prepare afaVlavtta to sustain the entries. Witness asked if there was any likelihood of serious trouble over the claims in question, but Puter did not seem to attach much Im portance to the investigations that were rumored to be In progress. 1 "What understanding did you have with Puter, McKlnley or Tarphty aa to what you would get for this?" "No definite understanding, but I waa to have a share In tha profits.- -Thisjt is alt" said Mr. Hall. "We have no cross-examination, waa the resDonse of Judge Pipes, after con sulfation with the other attorneys for the defense. Kx-County Clerk Hammer waa then called to the stand. His evldenca was corroborative of much of the testimony given ,by his deputy, Montague. Ho Identified the handwriting of Montague on the proofs filed by the pretended set tlers, and testified aa to hts authority to administer oaths snd make certifi cates Hammer said that he knew nothing of the false cert incites made-try his dep uty. - MRS. M'GUIRE GIVES PLEASANT RECITAL The recital given by Mrs. Sylvia W. McGulre last evening at tha White Temple under the auspices of the Ladles' Aid society, wss largely attended. Mrs. McGulre Is a pleasing reader and im personator and won her audience quickly. The character sketch "Ikey and the Porter" won enthusiastic ap plause. One or her best numbers was the impersonation of the seamstress ss the village gossip, from Timothy's Quest." Her rendition of the favorite. An Old Sweetheart of Mine," Was dainty. She was at her very best, how ever, in the darkey dialect "Johnstown Culture," In which she represented a colored mammy, and 'The Taming of Nicodemus. lora rT ine mule driver, were exceptionally good. Miss Ethel Shea sang "Suwanee River." Miss Leota Slgnler contributed a reading, and Miss Velross Sharp a violin solo. WHAT'S TIME, OR A FEW DOLLARS? Compared wllh comfort and health, which al ways follows when we put your teeth In good con dition? We prac tice the painless methods abso lutely painless. The time required at our ofllce Is but a few mo ments, cost but a few dollars. We are always pleas ed to talk over the subject. Years of practice haa given us a constant desire to want to talk on the sub ject nearest our heartsdentistry. Every one in my employ Is a specialist In his particular line, and a man of character; not a novice of course the trade man. The best of everything la here and we feel sure you will sppreclate snd enJoy the comforts we extend you rather than dread It When you have a few minutes drop in and let's talk about your teeth. COMSVLTATIOW Hit mi B.EASO ABLE. Oft a. hears I a. ss. to p m. Iveafaags LW to I so e'eteefc. days a- ra. to 1 p .si. Dr. B.C. WRIGHT Dental Office. wAgRnrsTos ST COB. SStSBTK. Phono Mala l tie. HIOK O&ABX WORK SMALL FKICZS. tB SXaSBES wsaT WOODARD, CLARKE & CO. LEATHER The best that Europe and America can make. Our hol iday selections, always dur ing the past 40 years of the highest order, are unusually attractive this season. Espe cially true is this of our dis play of SUIT CASES In alligator, seal and fancy calf. Traveling Bags, Purses, Card Cases, Wallets, Rollups, Dressing Sets, Music Rolls in short, if it's of leather and of the best, rest assured we have it. Patterns of old colonial days Fancy Brags Candlesticks WOODARD, CLARKE & CO. Canadian money taken at full oalum. From delivery to ait parts of tho city. Complete Tele phone Exchange smith direct connection to every department of our store. DECLARES AMERICA IS UNPREPARED FOR WAR Chief of Artillery Bureau's Re port Says Fifty Per Cent More Msn Nseded. (Journal Special Service.) Washington. Nov. SO. In his annual report, which was mnde public today, Hrla-adler-Generar J. P. Story, chief of artillery, calls attention to the unpre- paredness of the United States for war, especially respecting coast defenses. Story says we have not one half of the trained personnel to man the arma ment already mounted. The report also calls attention to the Insufficiency of field artillery and Incomplete torpedo de fenses of harbors. Oeneral Story's report la even more positive than that Issued a few days sgo by Secretary of War Taf t. which called attention to these some features and la confirmatory of It Tho teachnlcal fea tures of the report enter Into the ne cessities for certain torpedo and harbor defense schemes, and recommendations for extensive an immediate Improve ments In these lines. SM00T PROPOSES TO FIGHT HIS OPPONENTS (Journal Special service.) Toungstown. O., Nov. 34. A Mormon agent Is here In behalf of Reed Smoot and is looking Into the congressional an business record of ex-Congressman n. W. Taylor, who Is conducting the caae against Bmoot Taylor returned this morning from Washington and announced that the Smoot hearing would be set for Decem ber It DR. BROUQHER ASKED TO PREACH IN OAKLAND Dr. J. W. B rougher haa been Invited to deliver the dedicatory sermon at the First Baptist church st Oakland. Cal . December 11. He received a telegram this morning from Rev. H. J. Vosburgh. pastor of the church, urging that he ac cept Ha also sent letter explaining the reasons for Inviting Dr. BrougHer. Ir Hrnugher will submit the Question to his congregation at the prayer meat Ing services Thursday evening. He re cently preached the dedication sermon at new church at Pasadena, where he raised $17,000. the entire Indebtedness of the church. 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