The Oregon daily journal. (Portland, Or.) 1902-1972, February 11, 1905, Image 1

The Oregon daily journal., February 11, 1905, Image 1

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Newspaper Page Text( cod EVErnKo. y . J The Circulation - - I0.IC VT , , . . . To Weather. ' V "; Of The Journal j, , . " Tonight andSunday, fair: north .... VeYly winds; temperature ..about, XI .j.Tteraav rtas .. aagrees ouuaayjnoramg. "TV VOt.;III. NO. 294. PORTLAND, OREGON SATURDAY EVENING, FEBRUARY ' 11. . 1805 SIXTEEN PAGES. i .... x i m "i i l i i ji ii ii ii ii . x ' rvi- jti : "- i vi u.il n-i J l v .s ii : : Y .;.i:.PRICE.TIVEr. CENTS. m 1 4 L-J-jm-P ii .Z iEiERIORi N FEDERAL GOURT TO CHARGE Mbncyf Received rtand Swindler s tKeSefiat6ipttH - GreateFS&sation of the Whole ..Larid ' Fraud Instigation Thus Far Revcalei in Fed- " ' v '"'S;Sv:-f'erali Court This Afternoon. - ;J: ? ' indlctmenta war returned thU 4 afternoon by the federal (rud " Jury ' acalnet . Cona-resaman J. UtNawton Wllliamann, hie partner,., .) Dr. Van Qeaaner, and Marion R. , e . Blcra. . United Btatea commie- . 41 e aloner at Prlnevllle. Buborna- tlon of . perjury la the caarge' mad .acalnat the three men,. which ia alleaed to hare been ' committed - in taking land na- Fiinevllle, Crook county. The firm of T Gesaner A WlUiamaon 4 owns eeveral thouaand acree In . the Croolced river . yalley, which la uaed for aheep rancbea. - ' ' Judae Alfred H. Tanner, one of the . ' moat prominent attorney of Portland. ' and law partner of Senator John H. rrr"XntchelI. recently-indicted by the federal rand Jurj (or perjury In connection wiin. me lana iraua caara, maae m iuii i:iu p. m.: tooay. o.-. m.rtoday.- --rr --..-- - Judn. Tanner admitted that the nart- ' rKnlp Jare"men w f.l . urn"nr,Jwae beinc made the poaaeeaor otimpoBl homiidlwwjiajajefl wr MiiuHtJU wbi mu u wiviiin uw past three months and dated back to . March , lfOl. Ho aays further that -. tbla waa Aon to prevent Mitchell from being caught on the ', Indictment later - . preeented, of reuelvliiamoney for Ulecal fees while k United Statea aenator when, aa a fact, all fees received from govern " , ment' departmentwork wfra to go to Mitchell. Judgo Tanner and ' hla eon aided In ' formulating this agreement, ' and then the two went before the grand jury aweariug to falaehooda to shield th aged aenator in hla atruggl with the . government's, proeecutlng- officers , ' Th confession cam aa.a bomb-to th community, , although j not . to - tlte ' ' government' a principal offlAlala, Dla trlct Attorney' Francia J. ; Heney and - Chlrf of th- Secret- 8ervlo Force W. . J. feflrne. , In the Indictment preaented by the grand Jury agalnat Judge Tanner -' for perjury, .the . government plainly ' Charged him with conspiring to protect - hla partner.-Ho waa accuaed of hav lng aided .in preparing thla-acraement '. within the past thre months at bia .. own officeand through the lnatrumen ' Ulity of his son. A. Hs Tanner, Jr. He waa. also accused of knowing that Sen-r-.ator Mitchell received aa his aharo of 'j-th prodta In the nrm bnslneaa, a por ... tlon of tbo money paid oy reoncK a. 1 Kribs to have caaea expedited before "7 Hermann. Further,, the accuaed .was charged with knowing . that Senator Mitchell had a personal account in th , Merchants' National bank. A Hat of a' to 10 witnesses waa afflxed to the in dlctmant containinr these charges. The - government plainly Indicated Ita case '. and- the.offlclaie connected with-the " prosecution expressed no doubt of con f vlctlon. ' . . ' i . -.ot. f Th fidelity of Senator Mitchell's close frleada has been tried In many cases, but . th publlo waa not ready to learn that a man of Judge Tanner's prominence "and standing would commit perjury even " to save hla business partner, x After once .. swearing to a statement calculated to clear Senator Mitchell, the publlo ex pected that Judge Tanner would main--fain his position. But it appears that th government secret aervlc fore, un der Mr. Burns, and the district attorney. ' wove thewb of guilt with such irre- - alatlbl strength that the buslneM part ner .concluded it waa folly to hold 60t longer and Jeopardise himself and hla eon to exculpate one who had voluntar ily committed a crime.' The atory of. this case daiea from the arly Investigation of land fraud by - th present grand Jury: ' When Senator Mitchell realised a fore that ranked John H. Hall had entered th field of . 1 w- ..ii ik. "i" "rranBTO w ''' "'"looked over our contract, and ther waa charge of receiving money from ' - any sourc laying -him open , to Indictment under tha statutes regulating senator . and repreaentatlvea In congresa. The partnership agreement was then ramed. 5 and In It provlalon waa mad showing that Senator Mitchell . oxpreaaly pro ' 'vlded agatnat any department business . going to his personal account . This XT agreement waubmlteed by Judge Tan aer when h wa Ilrat called to teatlfy. . The document bears the dat of , March 1M1, and Is signed ly th two , lawyers, -aa principals, and Harry C RobertBon,wltneaa.' Mr. Robert (ton la private . secretary- to - Senator Mitchell, j and ha been in th Mitchell-Tannur law ' tefflo for many years. : Judge Tanner , ' a farmed that this document was made and executed at thetlrae indicated. Hla - son wa called -by th grand jury, and ewor that ha had not written the agree ,. ment within th paat threo month, and . generally attested what the father had . sold. ... . ..' v ut th government secured other evt- by "the: Rrni From Ttirhed Over to T - ' "T '"J" dnc.. Throe atenosraphera, Kdlth Bern. Amle C. Spencer and Maggie O'Brien, wero called to teatlfy. P.'D. Cunning ham, who aella typewriter paper and aup pllea, waa naked to awear aa to the time -when-tho paper on wn!nTt axreement la written, waa aold at hla store. J. W, Newkirk. cashier of the Flrat National bank, and Ralph W. Hoyt, cashier of the Merchants bank,', were also calteJ upon to teatlfy regard lila; bank accounts, dla trlbutlon of money and personal funds. ' This evidence developed -th need 'of ha vine Harry C. Robertson testify, and he waa aummoned from Washington. Ha apent much-time ' with the grand jury, and waa , twice recalled.- laughter and applause from the lnqulsltlorv-room greet lng the- ear of men outside dur lng hlr testleaeny. ' ' ' . --4- It - seemed to spectators that- Mr. Robertson hadTglven teatUnohy that met with general approval. "These auspicious developments were Intensified this" morning when Judge Tanner and: Mr. Robertson, were in long- consultation with District Attorney Heney and ll"Burna. The purport of this talk could only be : guessed...', twit waicners Deuevea.tnac ue government th afternoon when announcement waa mad that Judge- Tanner had mad a full confession of his guilt as a perjurer, and admitting that the partnecablp agreement had been prepared recently to clear Senator Mitchell. -- , 1 - Tho effect of this sensational develop ment waa stunning, and seemed to leave no doubt of Senator Mitchell's ultimate (at.--- With th government in poaaea alon of auch evldenc that It eauM tnrrm Judge Tanner to a confession against hla partner, and this eonfeaaion accumu lative evidence ag-alnat th senator, con- vlctlon..seems to-. bav been made-quit nutri riea. . . - , -t nf the court pleAse.r i am ready at this, time to enter a plea of guilty." so said Judge a. H. Tanner this after noon when Judge C B. Bellinger took his seat on the' bench of th " United State district court- - Judg Tanner pleaded anility to the charge of perjury, for which the rovern- ment Kad indicted him. He confessed that -the partnership agreement between him and Senator- Mitchell was written in December last year to protect Sena tor Mitchell - from prosecution by th government -. . It was 1:30 o'clock when District At torney Heney said: .-. ' " - "If it .pleas tho court, Judg Tanner la ready to' plead to th indictment for perjury... . .- j . . ; .-, w ' Judg Tanner ; rose before th bar wherO he haa appeared" so many timea as an attorney, and aald: - . - -.-n "I will waive reading of th Indict ment. I wish .. to plead guilty, your honor. . I do not understand - that Mr. Heney claims that I am guilty of per. Jury. xcpt as to that agreement be tween Senator Mitchell and myaelf. -Judge Bellinger replied -to the plea: "Very well, sentence Is suspended," District ' Attorney Heney said that he desired -to take soma testimony" from Judgs Tanner at that time, and th latter wa asked to go on tho witness stand and be sworn, which he did. - - "Have yon th contract which you pre sented to th grand JuryT" asked th district attorney. ' "I have." cam th reply.. ... :, r . , .-wnen was 11 jnaae r; ; f - ''Last. December." aald Judg Tanner. continuing, he said: - ., -!-...i-:.T Save KlfMhU. - - "Th purpose waa to un it In Senator Mltchell'a dejenae. t will tell you how we came to draw It up, Senator Mitch ell and I had a contract; but, of course. -tmrTirst one. Tvnen sens tnr MUfti!! nnl Iiam Im T.- 1 - ... vuinr n. on clause whloh he said., would be dan gerous, He told jne, to change that clause, drawing up a new agreement which waa Identical with the first one, except for that clause. ' Wo both algned it I told Mm Robertson waa th only man on earth who knew about the origi nal contract and it would b neceaaary to have "him corroborate the testimony w gave. Mitchell said he would see what he could do with Robertaon." t . Judg Tanner produced -tho original contract which had bpn. entered into between him and Benator .. Mitchell, which showed that Senator Mitchell wa teoreceiv half of all feea received by th Arm for bualnea befor th depart ments of th government Harry C Robertaon, private aecretary to Senator Mitchell, then took th stand and testified that he drew up the origi nal contract In IsOl. and that It con tained th olaus giving to Mitchell half the fees taken for work before the de (Continued oa Page Three.) - ' MMiMMHMMtWiM MMMMMMMMMMMtmHMM Valentine. Day . ; .. -. . For der Captain for Maud th Mule! ' for' Mr.' Jack's ' favorltee and foe Foxy Grandpa and the boys. ; Opper,' 8lnnerton,' Bunny and ' Dirks ( , have outdone themselves' in this series of Immensely funny.-- picture ' stories 'which will appear in tomorrow's Journal,1 printed on th only' color press in Oregon . ' r:S 4---r?,i'i There's nothing, touches The- Sunday Journal :lnf Oregon. Its . maga : a', tilled with "contributions by the most distinguished . writers,' is the ireexlest' the most. entertaining and th. freshest' In' the state . ' - "As for News Th Sunday -Journal has the only special leased: wire in Oregon and .receives the fullest reports of the world' newa published in the state.' Its locarcolumns are nilerVHh fresh," well-written acconnta of the" day's' happenings. f . CORONER 7-.- ',' Investigation by Coroner J. ' P. Fin ley, has revealed J the fsct ' that J. W. Smith. Who died , at th city jail 4inder mysterious . circumstance's - yeaterday morning, cam to his death-from a-cl'ot of blood on tho brain, caused by a frac ture of th skull. - Or, J. R.JWethrbeeJ. who performed th autopsy, is ot tho opinion that the man was Injured pre vious to his fall on th concrete aide walk at Flrat and Stark streets-Thursday, by being struck on th, head with some heavy natrumeaw- While th coroner is of th opinion that th man died under myaterloua cir cumstances, h believes an Inqueat un necessary. He Insists, however, that" gross . negligence was shown after Smith's arreat when he waa taken to th police station and thrown lato a cell I . fc... . ft rM Rllll.., . . iWkmM h- nnlfea f nil lid th Tn rv M said Dr. Weathej-bee. "he waa picked np, thrown into the wagon, carted to th po lio station, caat Into a cold tell to die, without th leiat bit of inquiry on th part of those who aawthn man fall as to th circumstance of hlsv wound. They treated him Ilk a drunken man,, and placed him In a crowded cell, where a dosen other-men - trampled . on- him BASEBALL DIRECTORS ' TO MEET AT BUTTE Jaraal Special Sirviee.) Butt. Mont., Feb. 11. A meeting of th 'director of the Paclflo National league will be held- her tonight to de termine th status, of th. league and alao the Interests Beaded by W. If. Lucaa, former president, who declare that the league la defunct' and an nounces his purpose to organise a new league, despite th fact that tho-director of to Paclflo National have reor- MIHM MHIMIMIIHMi BLAMES POLICE PRISONER'S DEATH through the night " Had the man been given proper attention by th police of ficers, perhaps he would not. have died. J jlo not feel that anything car) be don lri thlmatterL-Th police sa th man was treated as' other drunken men are treated. . . . .'. .. . ' ' . . v .. , -, Zafcamaalty of police. "Prisoners at the city" jail should be treated with . mora humanity. . Why don't the pollco, place' a mattress or-a blanket In each cell An- whloh prisoners mip IHiThey 7hav no place to sleep except upon the cement floor.' - Leo Filede and Samuel Oilmore ssw th msn fall and strike his head violent ly against the cement sidewalk In front of Ladd Tllton'a bank. It la aald that he threw up hla arms and felL backward as if he had been atruck. , -Dr, J ,R, We-ithrbe belterei the fall was .caused by a previous Injury on th top of th head. He said on this point: "There wer two distinct wounds on th man's head. . One waa direetly en th crown of hla head, and could not have been caused from' a fall to the aldewalk. Beneath this ther was a clot, of blood pressing against the brain. Th wound was about two and a half Inches long and a half Inch wide, and looked as it ganlsed by electing W. D. Rlahot of Salt Lake president and announce their In tention of placing teams. In this terri tory. . ' , v...-- DUNNE WILL RUN FOR ' .r MAYOR OF CHICAGO .. (Joernal Spm-ltl arrvlee.) .Clilcago, Feb, '--l 1 Judga. Edward F. Dunne, today formally Ignined hla will ingness to accept tho Democratic nomi nation for mayor on a platform railing for publlo ownership of street rallwaye. If You. Want to b Sat ;itfld With a RatMu$' papr th ftar Through Tako for Your VaUntino . -w 1' ' X": SUNDAY jbURNAL, "1 caused, by a weapon like a club.. .The other wound was a sever fracture oT the skull down the back ot th head to the baa of th skull, and beneath this there waa alao a clot of blood, ..... Two Sistlnot Weaads! . "From my observation the f tret wound waa. mad sometime befor the second one. . . .,'..., "It Is my opinion thst the man must have received the. wound on top of his head, es using a clot of blood to form, at least 24 hours befor death." , While walking down th street this clot of blood may have caused him to become dlxsy and fell to the walk, which result ed -In -th-4raotur- on the back -of -th head. . ,. . . .. ' . .,.. became conscious long enough at the police station to tell his name. I do not believe th man had been drink' ins; at.alLr It was . learned today that the dead man was J. William Smith of Salem. He came to Portland January 1 to se en employ men t -t-th ytewle nd Clark exposition aa a laborer. He had written home but once since 'coming here. He was St years; old and leaves a widow. , to whom he" was married It years ago. Hla body will be shipped to Salem' today. . . . . 1. -. ANGRY COOK COMPLETELY DEMOLISHES RESTAURANT (RpkI Dlapatek to Th JcmraaL) Moscow, Idaho, Feb. fl. Jame Glf ford Jiaa been arrested here on a charge of robbing a 'piano house of 1200 and not, and demolishing th furnishings of a restaurant from which ho wss dis charged aa rook. He broke up the dlahee, made hole In tha pans,- knritfked the knobs off th Move, brok off th faucets, flooding th l.uldlng, and threw th provlalon Into the-alley. . - Hall, Reese, Cayler, Ford :and Hitchings Named as Conspirators. K- SOUGHTTO DESTROY OFFICER'S INFLUENCE Testimony . of John Manning Pertinent W Evidence Shows Cabal Tried to SetMarje zr Ware Against .Heney, Jdhn H- Hall, Harry L. Reeae, A. P. Cayler, . Henry "WtFord ... and ' J. H. Hitching will In all probability b tn dioted -for attempting . to - obstruct juatlce, , by plotting . againat United B tales V District - Attorney Francia J. lieney. . , ;i : After .quiet, repose for several 'days thia aenaatlonat-caa. seemed this morn Inv to h iwar " a climax. . Three: im portant witnesses '"wereiaummohedto testify" before . Ihg federal ' grand v Jury, amou the-n-umber.-beWs -UtJJit45jr2 Attorney Jphtt ilannlng. Thee wit4'l",rt1h7man ,SrP r nesaes have added Important testimony to that already before the grand Jury, and there ia little doubt in th mind of 'those who ar following th inquiry that an Indlotraent - will be rturnd agatnat the before mentioned men, - District Attorney Manning waa before the grand -Jury previously, and took refuge behind his position aa a perma nent grand: juror, and declined td testify .,. ... -,--1. 1. mm m l(at. rfftrar . United Sutea District Attorna Heney took a 'different view' of th sUta offi cial'' duty ,at; that, time and. aaked of Judge Bellinger;, decision on the mat ter. The tatter took , it under advise ment.' Mr. Heney later" concluded-, that Mr- Manning's testimony waa not ma terial, and waived further effort so that Judg Bellinger did not pass on tha deli cate point . ;.'""-'' .-. , -, ..- . Manning's Testimony Tltal. -Recent -developmewta mad -Manning's ' testimony more vital. He was accord ingly, summoned this morning, and spent more than an hour with th federal grand Jury narrating particulars Jof "the affair as they cam. to htm. . Following his appearance Attorney A, J. Vantyne and Patrolman H. L. Carlaon wer called and gave their testimony on the aame aubject A. P. Cayler, who returned to th city a few days ago, and who wss accused of being implicated in the plot to entrap Mr. Heney with Marty Ware and later With . th effort to- get evidence that h had been seen with, her at a lodging house, testified yesterday." He'ltngered around the courtroom much of the morning hours, but .emphatically de clined to b interviewed, and resented alL-imputation at his complicity. Th charge made against th men Is that" they sought to have Marl Ware entice Mr. Heney to her apartments or other place where they might d found together and exposed. ' As she .did not agree to lend herself to this purpose, it la alleged next that, she, waa urged to acquiesce In . the scheme of producing testimony that she had been aeen al ready with Mr. Heney at some lodging house. ' ' ''.-"":""', ". ' : XUfht oa tha Conspiracy. ' Patrolman ! Carlaon haa1 thrown" im portant light on th government' caae, and the teatlmony of District Attorney Msnnlng aeems to have filled a gap. Indlctmenta will probably be returned thla afternoon, but may not be . pre aented until, th grand. Jury reporta on all oT.the caaea , remaining- unfinished Monday. Th work of this jury In th land fraud and allledi caaea will termin ate Mondy aa JJtutrlet Attorney Heney and Assistant Oliver E. . Pagln will leave Portland Tuesday for Washington. Ftnab report la expected Monday' even'- lng. -Tuesdny-i th grand t Jury, i to- be turned over- to Altant District At torney W. W. Banks to present evidence tn two or three cases that have arisen recently, among the number being that of hor-teattn" ott ttr t' matt tin reser vation, for which C. Luke has been ar rested. Th agent In charge of the reservation and several wltnenaea are la waiting for thla hearing. -., . ; Aldlag' th Oovcrameat. ... Sine Th Journal's story Of yesterdar to th effect that ex-Receiver J. ; T. Bridge of th Rnaeburg land ofncetiai agreed to give the government full tes timony In regard to- th case being In vent I rated, there, have been many de velopment Indicating that auch ia the caae.- Bridgesta-tn close touch with the government tn all of th Work now being prosecuted, seems perfectly friendly In every respect, and hla numerous friends believe thst h Is giving th govcrnmeut all th avidenc h .posses, Such a development- as this would leave tha burden of all blame for land office Irregulsrltle and offense resting upon th shoulders of x-Reg)Ur J. II. Ronth. It would alao have th effect of centralising the government'a prosecu tion, upon the ring of It A. .Booth, Bin- (Continued en raj J" era) COLDEST SINCE '02 Mercury Falls to 17 - Above Zero for- a Short Time. FROSTIEST FEBRUARY- DAY THIS CENTURY Water ; Pipes Freeze Weather Man Promises No Relief To- day or Tomorrow Chill -1 .Is Widpread. , . . ; Tl umbers hav bad a' busy day re-' pairing- burst water pipes which wer frozen last night jn the coldest weather Portland haa experienced airtce January Jo. 102. Others had to thaw out th pipe before any water could be had fur cooking purpoae.' On man on th eaat . aid almost set his residence on Ate thla morning" by heating the Jplpes with burning atrawbrald, . v .Th water-fouutahta scattered over th city, wer' encased hi6Ud sheet it water begad to drtp about noon. -but th f rosea north. f,vr - . Fjrom many of the hydrants about the city th Balf Run prodnit. refused to'' flow until thawed out. perceiving that' pOrae difficulty mlgbL.be experienced In" ease a big- tire broke out tit fire depart-' ment dispatched - men to thaw'out the pipe. lnvry- ectlan .of tu. munlc4---pallty -at an early Tiour thla"' morning. TtYno flratJMttlrant fni . m.nw - w. m arm v I lavll n 11(4 Eighth streets. But libera! quantities of hot water and oil applied to th pip . soon nad it in working condition. Th same treatment -was applied to.manr of th other" hydrants..- , i ' ; : rioatda Xc rtand. 8teambotmen fear .the Columbia rtver will become blocked -with float ina Ice. which would atop navigation from the mouth of th Willamette. , If th cold weather continue for any length ' of. time th several tribute rtea of. lb -Willamette will also be filled with. ice. . It I -the coldest February weathe that, has been felt In Portland alnc 189f. At o'clock thla mornlna- th thermometer reglsteree If degrees abovo sero: an hour later tho mercury stood' at--17 degreaa, where It remained for a short time. There was not a cloud In th sky snd soon th sun' ray warmed the atmosphere to ari. appreciable -ex.. tent . - - '' . -. - . nufl.-.V.H-..i.. n 1 - material change tonrghtor tomorrow, but how-.long th frigid weathers will continue he does not Car' to state. So far as th Indications now are there Is no hope for a more congenial climate ia th immediate future. Portland. Is not In auch a bait wav am th cities In the eastern Dart, of Ore gon and Washington. .Bat Irook at The tuW At Walla Walla, th tlnmomMm tm . down-to sero, while at Spokane It is below. Baker City la also experiencing sero weather, while In tha Rocky moun tain country the mercury ranges fell the. way between 10 below to St below. Th. cold wave Is general along- the North Pacifhrxoast. - At Tacomajast evening ' the wind was' 41 miles an hour, and thla morning the thermometer stood st XX degree above aero, whllet at Portland -th wind awept along at the rat of 10 mile an hour. V - , On 'January IB. not. Portland waa vUlted by-a cold snap which allghUy exceeded th present one in severity, it . was 11 degrees above sero, at which . pdtnt 'the mercury remained for almost a week. - There wa excellent" skating ' on Guild's lake. - Two Inchea of snow rell on January IS and sleighing' wa Indulged In. for a.ier jjn MenUbn of-thea Incident Is mad On th rec ords at th office of the weather bureiu,;, For several days navitnttlon on 1h Po-" tnmbla was -closed on account of floating tee. The steamer-, Dallna Vltr- wa ' forced to abandon th run to The Dalle 1 on January S7, and the following day -the Ion was unable to proceed to Washougal. - - - UutTfli laaTcold" WerhrIirTebruaryT preceding the present period waa on : February 4. 18S. At that time It was degreea above ero. wheTe" It jemalned" ' for practically a week. Th boat wer ' forced to abandon the Columbia river " run at that time. , , , , ; . FIFTEEN BELOW, r Went Storm of Ssasoa ta Saatsra Ore- . roa Tollowed by Cold Wsv. ' " (Special ThapatHk U Tb yoBtnat.l " ' Shanlka, Feb. II. -Th worst, storn In the history of this vicinity rased yea terday from 0 'clc4k a. m. until aewi ' tim during th night A" heavv snow, accompanied by a unrlno' east wlml, which' drifted badly, nearly stopped fai lle by rati aa well as wnaon maris. ' All stage from the Interior sre detayed sev eral hours. 8' tnr no Itw of im k reported. Th1ierrti"neter at f hlafxptti t reglatered. ltabet'e at t o'cl'x'k yeater- (Cuutlnue on Tag Two.)