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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 6, 1904)
r :lts :ssa TO CONGRESS IS PRINTED IN FULL "T" PAGE bbbbS?m aur dasssssssaanaaaBBaeBB OOD EVENING. G Tonight, Increasing cloudlnsss; Wednesday, rain, aoutheaat wliida. Ifouimaf The Circulation Of The Journal Yesterday Wat 17.020 VOL. III. NO. 238. PORTLAND, OREGON. TUESDAY EVENING. DECEMBER 8, 1904. SIXTEEN PAGES. PRICE FIVE CENTS. GWLnr VERDICT RENDERED AGAINST PUTER, M'KINLEY, TARPLEY AND MRS. WATSON; MARIE WARE ACQUITTED 1 j - . I. " APPEAL IS LIKELY TO BE TAKEN AT ONCE Defense Will Make Another Effort in a Higher Court Is the Gene ral Belief. Two Years in Prison and $10,000 Fine the Penalty forihe Offense of Which Land ' Conspirators Are Found Guilty We, the Jury, find the defendant. 8. A. D. Puter. guilty "We. the Jury, find the defendant. Horace Q. MoKlnley. guilty. We. the Jury, find the defendant. Daniel J. Tarpley. guilty. "We. the Jury, find the defendant. Mrs Emma WaUon, guilty. "We. the Jury, find the defendant. Mlaa Marie Ware', not guilty " Thta ! the result of the Jury's de liberation In the land fraud caaea. an nounced at I o'clock this afternoon. Prank Walrarnot. the sixth defendant, having already pleaded guilty, is not In cluded in US verdict. The trial was for conspiracy to rob the United STsf gsreraroant of certain land, most of which was located in -T-ll." Tne trial has occupied the at tention of the federal court for two weeks and has been followed with keen Interest by the public. The penalty for the crime of which the defendants have been convicted is given In the revised statutes as follows: If two or mors persons conspire either to commit sny offense against the V'nlted States or to defraud the United states In sny manner, or for any pur pose, and one or more of such parties do any act to effect the object of the con spiracy, all the parties to such con spiracy shall be liable to a penalty of not more than 110.000, or to Imprison ment for not more than two years or to both One and Imprisonment, in the dis cretion of the court." Section 1440, Re vised Statutes of the United States. Mr. Heney'a remarkable address to the Jury was a terrible arraignment of the defendants snd a clear presentation of the evidence adduced by the government against them. Puter. McKlnley, Emma Watson. Tsrp ley and Marts Ware listened with pals faces to the merciless Indictment. Wal gamot was the only one of the defend ants who was absent from the room. Puter'a expression waa that of dogged despair, and fear vwas plainly stamped upon the whits face of Emma Watson. The hush of expectancy pervaded the densely crowded courtroom when Heney began his address to fne Jury immediate ly upon the opening of court. Sot Shot for 01ay. After a humorous reference to soms of the sarcasms of Judgs O'Day, he said: "There is considerable that Is humor ous In this case, and the humor has been injected by the Irish. There Is considerable that Is pathstlc and con siderable that is disgusting. The spec tacle of attorneys for the defense wast Inga whole day In abuse and vllllflcatlon fit the attorneys for the prosecution DOLLAR GAS FOR PORTLAND Portland is to have dollar gas next summer, regardless of competitive conditions. The present price of $1.25 s 1,000 cubic feet for lighting and fuel gas is to be cut to $t by the Portland Gas company, in pur suance of its policy of lowering the price of gas from time to time as it deems expedient. Recently rumors to the effect that a new gas company is being promoted in Portland by Seattle men were called to the attention of B. C. Whitehouse, manager of the Portland das company. "I have absolutely no information on the subject," said Mr. Whitehouse. "I may say, however, that our company is in very good condition to meet any war that might come. We do not wait until we are forced to lower the price of gas. It has been the policy of this company to reduce the price whenever conditions warranted a reduction. "It has been our intention for some time to give Portland dollar gas before another summer is over. We can manufacture gas ss cheaply as anyone can, and we can furnish it to the public st a price as low as it can be furnished by sny one else. "When I came into the Portland Gss company 34 years ago gas was gelling at $9 a 1,000. I have seen the price go down steadily to what it is today, and in every instance the cut was made voluntarily by the company. We expect to continue this policy in the future. We shall not wait for competition to com pel such action on our part." It has been reported that a new company was being organized here by C. R. Collins, consulting en gineer of the Seattle Lighting company, who some years sgo organized a competing gas company at Seattle and then effected a consolidation of it with the old company. Rumor also stated that W. S. Dole, superin tendent of the works of the Portland Gss company, had tendered his resignation and would accept a po sition with the proposed new company. Regarding Mr. Dole's resignation, no confirmatory information can be secured. Manager Whitehouse states that Superintendent Dole has not resigned, and has given no notice of intention to do so. It is cer tain that should s new company enter the field there would be a period of lively competition. It is said that Collins has ample backing for such an undertaking, and it is certain that the Portland Gas Company is in good condition to meet any competitor who might enter the local field The Portland Gas works ranks with the best in the country, and the company is on a strong financial footing. I MMMM 4 4 RUSSIAN LOSSES ARE ESTIMATED AT 2, 00 Attacks on 203 Meter Hill Are Ex pensive to Stoessel's Decimated Forces and No Results Japanese Are Inching Their Defensive Works fJT y-V d M Si eaten. . - on newiy Occupied wound Hayashi Has Official Report of Operations. (Continued on Page Two.) JUDGE'S CHARGE TO THE JURY Bellinger Carefully Define Points to Be Considered and Telle How Expert Testimony as to Handwriting Should Be Re garded Passee Over Examination of Evidence. Judge Bellinger's charge to the .Jury In the lend fraud cases follows: Gentlemen of the Jury: A consplrary Is formed when two or more persons agree together to do an unlawful act; and when there Is such sn sgreement. and one or more of the parties does any act to effect the object of the common design, they are guilty of the offenae of conspiracy. It Is not essentlsl that the slleged conspiracy be shown to hsve been formed at the precise time or times stated In the Indictment. It Is sufficient as to this If It be shown thst st about the time or times stated there was a consplrscy. or concerted srrsngement, to commit the unlswful act charged. "It Is not necessary that the con splrsry should be proved by evidence of sn express agreement between the con spirators, or by direct evidence of sny agreement. A conspiracy may be proved Inferentlally. or by rircumstsntisl evi dence. It msy be Implied from the sets and conduct of the parties, or from proof showing a concurrent knowledge and sp probatlon of esch other's acts In the per sons conspiring. Acts dons pursuant to a conspiracy, though merely clrcumstsn tlal evidence, may constitute convincing proof of the existence of the con spiracy, 'It is often thst ths Intentions of a wrong-doer are ascertslned entirely by sets done which are the natural ef fects of unlawful designs.' T atn re of Conspiracy Ths sets and circumstances which accompany them, showing the connec tion between ths acts snd ths motives whift, nroduced them, srs generally the roost convincing evidence which can be adduced. The parties, concerned may be encaged In s perfectly lawful business, snd If whlls so engaged they Join to gether to do that which la unlawful, this constitutes s conspiracy. Where an un lswful snd Is sought to be effected, end two or more psrsons actuated by a com mon purposs of accomplishing that end. work together In any way In furtherance of the unlawful scheme, such persons be come conspirators slthough ths part which any on of them is to take In ths conspiracy Is s sunordlnste one. or Is to be executed at a dlstsnce from the other conspirator What atost as astsrxslsil Ths acts of ths i!efendsnts. snd sach of thsm, prior to ths 17th dsy of March. 1901. may be considered by yon In de termining ths relstlons between ths de f ft . aad US probability or non- probability of persons bearing such re lations entering Into the conspiracy al leged in the indictment, but you must And from all the evidence In ths case, and beyond a reasonable doubt, that a con spiracy to defraud the United States out of a portion of its public lands situated in township 11 south, rang 7 sast of the Willamette meridian, by means of false affidavits, or by mesns of false proofs of homestead entry and settlement, or by mesns of false affidavits made by ficti tious persons, existed between at lesst two of the defendants at some time be tween the 17th day of March, 1901, and the 17th day of March. 1904. and that at least on of the overt acts slleged In ths Indictment wss performed by one or more of such dafendsnts In furtherance of such conspiracy. 4a to stand writing. The testimony tending to prove U.at various writings having soms relation to ths crime charged are In the handwrit ing of ths defendants, or of soms of them, is of two kinds: that of non-professional witnesses, who testify to a belief that the writing Is that of a par ticular person from having seen thst person write, or from a familiarity wtth his writing through correspondence with him: and that of experts in writing witnesses who by study, occupation, and habit havs acquired skill In marking and distinguishing the characteristics of handwriting. ' 'Tils weight to be given ths testimony of s witness whose opinion Is baaed upon familiarity with the writing In Question depends upon the opportunities which the witness hss hsd to become ac quainted with the writing to which hs testifies. To use the language of ths court In a leading case, 'Either ths wit ness hss seen the party writs on soms former occasion, or he has corresponded with him snd transactions have taken place between them upon the fslth that letters purporting to have been written or signed by him have been so written or signed. On either supposition the wit ness Is supposed to havs received Into his mind are Impresaloa not so much of ths manner fn which the writer has formed the letters In the particular In stance as of ths general character of his writing, snd the witness Is called on to speak as to the writing la question by a reference to a standard so formed In his mind. It is obvious that the weight CONFER REGARDING EXCLUSION TREATY Sir Chen Tung Liang Cheng, Chinese Minister, Calls Commissioner Sargent. SECRETARY METCALF TO DRAW UP OUTLINE China Desires to Admit All Classes Except Manual Laborers. (Journal Special Service ) Washington, Dec. I. 8lr Chen Tuns Liang Cheng, ths Chinese minister. called on Commissioner-General Sargent today and had a conference regarding ths features of the proposed exclusion treaty. Secretary Hay requested Sec retary Mstcalf to draw up ths outline of a treaty desired by the United States to serve as a basis for the negotiations snd Coramlssloner.-Qenersl Sargent delegated Secretary Met calf to do ths work. Sir Chen Tung advised Sargent thst the Chinese government desires a treaty that will admit all Chinese with the exception of manual laborers; also a pro vision legalizing the residence of Chin ese now in the United States without re gard to their vocation or length of resi dence. It goes without saying that these fea tures cannot be agreed to. The Chinese minister was not Informed in so many words thst his contention would be fruitless, but It was pointed out that If manual laborers omy were excluded a loophole could be found by smugglers of Chinese whereby the present exclusion laws would be made absolutely Ineffect ual. The policy of the government will be that skilled ss wsll ss manual laborers are undeslrabls immigrant and must be excluded. NO DECREASE IN - TAX ASSESSMENT Judge Webster and Auditor Brands Carefully Canvass County's Finances. EVERY DEPARTMENT WILL REQUIRE MORE MONEY County Clerk's Office the Only One that Has Paid Ex penses This Year. ALTON B. PARKER AS A COUNSELOR IN COURT (Journal Special Service.) Albany, N. T., Dec. I. The unprece dented spectacle of a former chief Jus tic of the court of appeals arguing a case before ths court from which he re signed to become a candidate for ths presldsncy of the United States was pre sented here today, when former Judge Alton H. Parker argued ths first case In which hs has mads public appearance as counsel in many years. Ths case la that of Elisabeth Reich against ths executors of the will of Alios V. La Bau. Mrs. La Bau was an aunt of William K. Vanderbllt. and the liti gation grew out of s transaction con cerning real estate known as the Brent wood farm, adjoining the estate- of Mr. Vanderbllt In. Suffolk county. BuucAToms ooam (Continued on Pag Two. ) (Journal Special Service.) Norfolk. Vs., Dec. I. -Many noted edu cators and publlo men are taking part in tne two days' msetlng begun here to day by the co-operative education com mission of Virginia. Ths opening ses sion was held In the First Baptist church this morning, and was dsvoted to reports from local associations snd ths discussion of plans for future work. An Interesting program has been arranged for the public meeting tonight, when ad dressee will be delivered by Governor Montague, President Alderman of the University of Virginia, aad others. There will be no decrease In the tsx assessment in Portlsnd and Multnomah county next year. This decision has been reached by County Auditor Brandes and County .Judge Webstsr after a care ful canvass of ths situation. Every department of the administra tion, so far as can be estlmsted from, the present condition, will require next year as much money If not more than It did last year. Additional expense has been put on the county this year which will eat up whatever amount haa been saved in other lines. When the annual report Is made the first of the year ths warrants on the general fund will be six months behind and thoss on the road fund eight months, drawing interest at the rate of per cent. There is no money coming Into the county treasury at present, the fees from the various office being In only one in stance sufficient to pay the running ex MomA Warrants Heavy. The road and general warrants win be heavier this month, so that by Janu ary 1, there will be outstanding war rants for this year amounting to 1112.811 against the general fund and ;i. 7M against the road fund. Other funds will be In about the same condi tion. The tax levy last year waa 40 mills. total, for Portland, divided as follows ANALGANATED IS RIPPED TO SHREDS Loses Two Dollars and a Half Under Heavy Raids Made by Boston Brokers. LAWSON SYMPATHIZERS MAY BE THE LEADERS State tax State school Couhty Roads City of Portland. School district No. 1 , 7.S mills 5 mills 14 mills 2 1 mills or. mill s.S mill 1 mill 2.8 mills Special county (library) '. Port of Portland A careful estimate failed to reduce this tsx. No fund was found which could be lessened or ths tax eliminator). Sine the faces havs been psid no sur plus haa been garnered. Instead, ex penses have increased. The county clerk's offlcs is the only one In which the feea have been sufficient to pay running expenses. The sheriffs office Is falling a little abort. The justices' Under Continual Hammerings of a Bear Day the Board Shows Many Slumps. (Special Dispatch to The Journal.) New York. Dec. t. Boston bears raided the stock market here today. Whether they were in sympathy with ths Law son movement the larger brokers are unable to say. but the evidence thst they made the raid ta very clear, es pecially to those who recently pur chased stocks In sxpectatlon of a rise. Boston went after Amalgams ted and for a short time prices wsre cut to pieces as faat as the ticker could rscord them. Leather preferred lost $5 25 Amalgamated opened rather quiet st SO, which was a drop of 78 cents under the closing of yesterday. It hung around 79T4 and then went back to 80 a number of times before there wss any excitement. Then Boston rushed to the sttack. "Amalgamated 79 ," waa announced by the ticker. This waa quickly followed by losses by eighths until 7 6't, waa reached. Here the Bostonltes psused and there "was a reaction back to 77, then to 77. The stock closed at . - . The raid on amalgamated did not stop there and the entire market showed quite a loss. Ths close, however, was s trifle better. The following were the losses, shown st the closing today: Amalgamated Copper, II.SO; Atchison, It: Sugar Refining, 26c: Brooklyn Rapid Transit, 11.124: St Psul, II 12 4; Col orado Fuel. I2.82H: Illinois Centray, It.llle; Louisville Nashville, 50c; Now Tork Central. 10c; Psejfio Mall. II: Read ing, common. 11.87 H; United States Leather preferred, 86. IS. (Journal Special Serrtce ) Toklo, Dec. S. It Is estimated that the Russians lost 2,000 msn In unsuccess ful efforts to recapture 101-Metre hill. The Japanese are Increasing their de fense on thslr position. Works against the forts on Sung 8ha mountain Is pro- greasing rapidly and a general assault will probably take place at an early date. An Imperial ordinance was lssusd to day calling for offers from officers and men whose tlms haa expired to rejoin the colors, and it is expected that ths order will meet with a hearty response. The number of officer killed in recent engagements haa been so far above the average, that commanders havs been compelled in many cases to replace theaa with non-commlssloned officers. These -officers promoted from the rank, while deficient in tactics and executive re quirements, that are so essential to the qualification of a commanding officer, are In no wlss lacking in ths coursge and bravsry that is a requisite In the making of the true soldier. To this strain of courage, amounting to an almost fatalis tic persistence, is in several Instances credited the success of ths Japanese. The non-commlssloned man, suddenly placed at the head of a company heeds nslther shot nor sahre but leads the charge determined on vlctpry or death, the latter often being hi lot. BOMBARD 8HIPS. Tokio. (Jesrasl Special Berries.) London. Dec. 6. Minister, Hyaahl haa received the following report, dated Toklo, December 1: "Our naval guns bsgan a bombardment of the Russian ship In the harbor of Port Arthur, damaging them sevsrsly, especially the Pobieda and Retvlsan, which war hit repeatedly. In the after noon of December 5 the enemy's powder msgaxlns in Penushan was shot by shells snd exploded, causing a fir which lasted more than two hour "Ths same day our heavy guns worked effectively on the Russian ship. Includ ing the Polava. wntch emitted a great quantity of smpke. Siege operations at the approaches to Anteshan forts are continuing, being kept up at night "December 4 we captured two qulok flrlng guns In Caponier Erlung Shan, and the following day ths bombardment Of the ships continued." Router's dispatch has a St. Pstsrsburg report of a Russian success on the Shak he river. The Jspanese casualties are said to number l.oo. (Continued on Page Two.) STILL ASSERTS HER SOLVENCY Mrs. Chadwick Remains Apparently Confident Holder of Alleged Securities Arrives in New York, Presumably to Confer with Her Carnegie to Be Interviewed. HARD TO SECURE JURY IN PATTERSON TRIAL 'Continued on Page o.) SUBPOENAS ISSUED FOR MITCHELL AND HERMANN Subpoenas were Issued yes- 4 terdsy for Senator ' John H. Mltchsll snd Congressman Her- mann to appear in Portland by 4 December II, to testify in the 4 Wsre, Puter and McKlnley land 4 fraud cases, which will then he 4 on trial before United Slates d Judge Beltings-. The subpoenas were sent to the United State marshal! for the 4 District of Columbia and he will 4 serve them at Washington. (Journal Sperlal Service.) New Tork. Dec. . tn the trial of Nsn Patterson today several talesman were i rejected owing to having conscientious i scruples against convicting a woman for murder In the rirst degree. Tne , twentieth talesmen. John P. Auger, a I banker, waa accepted as ths fourth Juror. FRENCH DUEL FOUGHT TO BLOODLESS FINISH (JoerssI Special Service.) Paris, Dec. I. Deputy Jares. ths So cialist leader, and Paul Do Roulede fought a spectacular but bloodless duel at Hendays, France, this morning. Two shots were exchanged, but neither duel ist was touched. Both made baste to declare their honor satisfied, lighted cig arettes and returned to the city. (Joeresl Spa ate! Service.) Tangier. Dec. I. The Russian cruiser Olegtsumrud sailed today, going east ward, and the Russian cruiser Rlon aneV two torpedo boats arrived bar today. (Journal Sperlal Service.) New Tork. Dec. 6 Ira Reynolds, ths , secretary snd treasurer, of the Wade Park Banking company of Cleveland, ar I rived here this morning. He Is said to hold as trustee certain securities for j Mrs. Chadwick amounting In valus to several millions of dollars. It is be lieved his object here Is to confsr with Mrs. Chadwick. Receiver Lyons, of tke Oberlln bank, arrived from Cleveland this morning ac companied by a legal adviser. Hs brought here the Carnegie notes found In the Oberlln bsnk, aad it is under stood he will present the, to Carnegie today for Identification. It haa been . nearly two weeks sines Herbert D. Newton, a banker of Brook- Une, Mass., crumbled the Chadwtck, house of cards by putting his overdue claim for I9O.N00 In the hands of an attorney for collection. Hs holds 1100, 000 more not due. Since that time notes havs been coming forward constantly, smountlng to approxlmatsly 11. 000.040. and still the defendant, who has rooms at ths Holland house, where she Is un der constant surveillance, asserts that when the time comes she will pay. The case summarised and as far ss known, discarding all rumors, stands thus: V Mrs. Leroy a Chadwick with her hus band and son sppsared In Cleveland some year ago with money. Where she came from has never been definitely known. She purchased a house on Euclid avanue In that city and made many attempts to Install herself, by lavish and almost barbaric profligacy. In the best circles of the city, but failed in a measure. Amoag other plans of her campaign waa one carried out which coat a princely fortune, embodying as It did the chaperonage of a party of tt of the best known girls of the city on a trip to Europe where the party attracted attention by Mrs. Chad wick's enormous outlays. She even had a ml nature painted of each guest by a celebrated painter and mounted In solid gold. Shs would give order far grand plsnoa by the dossn snd deliver thsm a present to her frlsnds. A tall length sealskin ooet would I cwrtstaaaa .areeent for The methods by which she at these enormous sums of monev sxceedingly simple. She would descent on some bsnk like that of Oberlln, where shs mulched sged Presldsnt 'Beckwtth of 1342,000. being four times the capital stock of ths citizens' National Bank of Obsrlln. of which hs waa ths head, and including 1102,000 loaned by him from his private fortune. Dozens of banks are said ta have taken her paper for smaller sums. She would show as security notss presum ably signed by Andrew Carnegie, do posit these on her Indorsement and then borrow on the strength Of having them on deposit. This seem to have bees) her sols method, but tt worked. As long ago as July, Beckwlth sp pealed to her to make mrnuni, k... failed, and when later he besought her to save his personal honor by repaying at least 180.000. which he wa short to his bank, she appeared unmoved. The Cleveland papers have reiterated again and again that Mrs. Chadwick la the same Mme. Devere, alias Lydla IX Scott, alia Mme. Cllngao, alias Mrs. Bageley, alias Mr Dr. Hoover, hypno tist, spiritualist, forger, who was ac quitted of forgery at the age of ix on the ground of alleged Insanity and later convicted on a similar charge tn Toledo, o., and sent to the penitentiary for nine and a half years Her husband. Dr. Chadwick, is In Eu rope. He haa cabled that he still stand by hsr. CRIES FORGERY. I tear wears mHsI (Jsaraal Sseetsl Service.) Oberlln, a. Dec. I 'If anybody oa earth should be arrested it is Mrs, Chadwick." declared President Beckwlth this morning. "Evidently she haa oom mlttsd ths crime of forgery." Beckwlth is In a state bordering mm nervous collapse, and Is In a inrss condition than at any Urn ahv-e the) bank closed lis "I believe," I I ittfcljllw sassssssssssssssssssssssssssssg aea '. 'ifR.. rtjX ' K I 1 'J?Zla .... ...