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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 25, 1905)
r ... . V The Crcu!rw.-i'; CfTr.jJourr.dl 71 f Z .-, fx yr r 0 I-hi i flowers snd cooler! Wednesday prooably bower; avuth to t Winds. - ' , - - . V : , N- VOL. IV. NO 43. "This Clears, Decks for Eariy 'Trlds,?. De- . GRAND JURY HELD TO BE LEGALLY CONSTITUTED Mitchell, Hsrmanhrand Willi(un - son Uiten in Crowded Court- Room to the Demolition of Flrt Defense Offered. ' " Evry, objoctloa ralaed.'br Senator ' Mitchell' glea. In abatement t the to- dlotment found acainat blm by the fed . ' eral (rand Jury j waa ewept aalde thta mornlnr by Judge Bellinger. - It vaa a signal victory for the government, and Senator Mitchell will be obliged to face .. trial In June. - Judge Belllnger,a decUlon vwaa ren- dered in a crowded eourtroom, many .of ' the leading membera of the. bar being preaenu. Senator MltebeU occupied hla ' ouatolnary aeat beaide hla attorney. Judge A. 8. Bennett, but hla eompoaure eeemed undlaturbed aa the elaborate de t fenaea reared br hla eounael were one by one. awent away by the court. , . - - Thl uileara tb deoka," aald United , ' Statea JDlatrlct JLttorny llenay after the 'adjournment- "it la a cUan a weep, for ' the government and mean an early trial for Senator Mitchell upon thla Indlot lmentjL -demurrer la atlll to b argued " ut thala arr matter of form and X thtnk the defenae regard It The Indictment 1 au right- . ' In dlamlaalng Senator Mitchell' plea ' In abatement Judge Bellinger Jiaa dla poaed of all aim liar pleaa filed by other . defendanta In the land fraud eaaea, aa . it wa atlpulated that all ahould aUnd ' or fall together. Some demurrrare y main to be argued) but they are regarded ' aa purely formal.. . In Senator Mitchell' ' caae the de mnrrer la to be argued, by ; brief a.- If ') the demurrer la overruled, aa the pro-, . cutlon expect,, the defendant .will then ' " be compelled td enter hi plea, guilty or not guilty, to the Indictment, . . When - Judge Bellinger entered ' hla ' courtroom thla morning every aeat waa taken and a Landing room waaat a pra . mlum. He proceeded at once to read hla decUlon. It la a velumlnoua one, occu- ' pying nearly an hour in the reading, and citea Bumeroua authorftlea in - auppon of tta concluafona. t t :. lli ..-J- ITpon'every iaaue rawed. ; the court decided In favor of . the government The contention of the defenae that cer-' tain of the grand Jurora were not quali fied to act; that the grand Jury waa not legally - organised; that ' Francia J. .' Heney bad no right to appear before the -' Jury in the capacity of United States district attorney,- and that - Hener -waa ao vindictive in hla proaeoution of the k deTendant aa to prejudice the Jury, were all overruled. Finally the court aua . talned the oontentlon of the diet riot at . torney that the objection raised by the - defenae courd not properly be raised by plea In abatement, and therefor the ' court and not a Jury must decide upon the legality of the , grand Jury' pro ceedings. 'v v '.'4 ' ' ,- 1 yroparty Qallnoartoet -"A,..;-"v: it wa alleged In Mltchell'a plea that . . A . A .nwA-M VMfc UilHl. a and Joseph Essner, were not qualified to hot on. the aaaeaament roll. Jadge Bel . . linger held, however, that this would conatltut a dlaquaimcaUon. He--aldf "It haav never a been decided rn this aUte, o far a appear, that a prop erty qualification k la neceaaary to the 1 competency of a. Juror. . A person may - be a property-owner and taxpayer whoae name 1 not wpon the partloular joU m..ikiuiI tn tha aectlon In queatlon. There may ba a aherffTa aaaeaament pf property aubaequent o am "'" , the list by the county court, from the assessor's roll, and equally conclusive " of the fact mtths-Trtr aaaataadJa, . taxpayer." ' . : Tha nueatlnn waa discussed at much ' . length and the court declared that the objection went not to xne quanncai.uu of tha Juror but only to the regularity of tha organisation of the Jury. The late Judge Thayer; In. the ae of ' United Bute've. Eagaii.,10 FedVIlt, 1 . .1 -If the" point to be decided by the .reference to tha coamoMW,i - wMh - out reference to local law 4, the better -opinion eem.ilo be thai no Abjection to an Indictment ought to be allowed, based merrly on an Irregularity In the manner " of eeiectlng a part or the whole of the . grand Jury which found the bill. If in all other respects they were duly qualified Jurors Thus, in Thompson- and Mer rtara on Juries.1 It la aald that th only objection which can be ' taken te the , grand Jurors by plea In abatement after they have been aworn and made preaant. - rnente, Inuat be auch aa- would dlaquaf ify th Juror te serve tn any-eaeeV-ln ' other words, the plea must shew the ab , aence of positive qualtflcatlona damand 1 ad by law and not merely an Irregular ity In the method of election.' The same rule waa laid down In many 1 v." ' . . - :s I 5. , Judge C B. Bellinger. TOOH TUNSTON FOR A CUBAN ASSASSIN Cetieral. Frtzhugh Lee Tells an , Incident of His Con- sulate. WORST LOOKINQ FACE . HE HAD EVER SEEN Future -' Brigadier a " Shocking; Spectacle When He Called on ' r Havana Consul for Aid. ' - , (Joaraal Special kervtee.) X 1 " Hartford. Conn- .Aorll J6. General Fttshugh Lea. who appeared before the Connecticut general aaaembly thla week In behalf of tha appropriation for the Jamestown axpoaltlon. said that while consul at Havana he came near killing Frederick Funs ton,- pow General Fun ston, believing him bent upon asaae sinatlon. ' - ,'. 'J Jaat before- the Mam waa blown np General Lea- received many threat, that he would be killed, and waa In dally fear ofila life. Soon after being warned of . the plot to alar him, the American conaul got one of the worst care of hla life. -He waa alone In hla office when the door opened and one of the worat looking faoea ever aeen looked In at blm. -H naa no ciotning appar ently but - a - linen - duater. . no, ap proached General Lee.,.'- cautloual and the . latter InatlncUvely grasped bia re volver. . .; .. , . ' "It that fellow had once put hla hand under hla duster I am positive that I would have shot' blm without- waiting for a word. said General Lee. , 1 waa aure he had been hired to kill at When .he approached to speaaing distance, he astonished me by asking in good English if I waa General Lea. I told hire- I . was, and asked him who he 1. - He aatd that ha belonged to the Cubaaarmy, and waa General Ooraea chief of artillery, and wanted to go back to the United Bute. - V -I wa satisfied he waa ' telling the truth, sent him out for a bath, hair cut and aew clothes. ' I got htm aboard -steamer - next . day nd he landed safely tn the United States. ; That man waa Oenerai Funaton." t ARABIAN INSURGENTS ; . ; ' WIN A BIG VICTORY Aden,' Arabia, - April If. The relief force under Rise Pasha, consisting of 1,000 men, haa been defeated by Insur gents. . Only 1.000 reached Sanaa, where they, fled after-being, routed. The In surgent only1 captured aeven guns and 109 camels laden with supplies and am. munition. . Further reinforcements have been - dispatched v to Sanaa, .which la closely Invested, by Arabs. . ' ,. 1 M J L L I O N ' ...... flesraal fpacUl serrlee.) J Milwaukee. -Wla.,- April tJ. Despite the assurances ' of business aaen and strong financiers that all depositor of the -Flrat National bank will be paid dAUarfojLdllar'an lmmeneecrowd of people began to tfather In front of the bank at an early hour this morning 1 t:0 o'clock a long line extending aev ral blocks had been formed, and kep In 'Order by a heavy detail of police. Th crowd manifested every evidence of being - panic-stricken and I an Immense throng surged, around the .bank all day clamoring' for their money. . f - Crowdat..people - J - before the opening of the doors of the Milwaukee TtJist Company, " despite "the aasuranoee that the concern waa not Involved In the financial troubles of the First National, or Blgelow. Th latter was a director! of the- company, but wa removed a soon a hi defal cation bejam know. , J, . By t:4i o'clock thh crush of people at th doors Of th First National "had reached an aggregaa of 1.000. There was no disorder aalde from th ordinary pushing" end ah6VlgrTBoJ concern opened at t o'clock and began paying every . demand. '.) - " Thomas Bpetice,, a weli-Xriown real estate man, escorted py 10 poltcemeu, pushed through tbO crowd and deposited I -' vX'v :-v-- V- W Thev Wil Hod. : ..... S Vl 'W T .; L. '.--! I ... PORTLAND. OREGON. TUESDAY EVENING. APRIL 88. Shorts Ask Court to tn- r-v1-. .k fs W:W i V , RuMllu" owjwucu a ''-tWCdmUaiikir VVIwgrAj l.-'iV, 1' Af M, Commander, of Second A to Get Prices. , -ffiM 1 W . . psF" J SAY ACTION WOULD v V VN t X Y .. - ' ' I - 'DDrtVC'TLICID DIMM r. '". U .V i V - I r' I . I 1 1 v 7 : . m .. -s.. . m h m - b " m a Producers Declare That Injunc tion Proceedings Do Not Bother Them, and That They Will Hold, i Dealers who. have sold abort In hope today attempted to prevent the forma, tlon of the big pool of the Oregon prod uct by praying for an injunction by the circuit court restraining the growere from entering Into what the complaint aaya "la a combination, pool and trust In restraint of trade and calculated to ruin dealers who depend on J free and open, competition."-- - . A. c. uer, . representing me anorus through their attorney, Bernstein A Cohen filed' the Injunction suit-thla forenoon, and an-erder issued at once for the defendanta to appear end show cause why they ahould not be restrained permanently from forming tne pool ' Conrad Krebs, Jon of tha defendant and prominent among the Oregon bop men, declared that in apite of the la Junction proceeding the grower would proceed with their plana, or. If Stopped from that, by legal force, would at leaat agree to hold their hope unUl later. Tnla-thing won't ecara m a bit." aaid Kreba, "we will bold the meeting anyway. Tne right to hold aueh a meet ing cannot be . denied." - . X. Other membere e the proposed pool expressed themselves In-the same man ner. They declare there wa no law that could atop them from holding their crops, and that were the court to grant aa Injunction tn snort wno neea nopa so badiv would not be able to fill their contracts without paying higher prloee. .- Back of the ault of tier are we orew era and other ahort sellers, who claim that were a' pool to be formed now, with the aupps leaa than the demand, they would be ruined In business. ' ' 80 desperate I the situation for the short that they talk of carrying the fight Into the federal court. Invoking the anti-trust statute, on the ground alp leged In the etate circuit court ault that the pool would be a trust, combi nation and In reatralnt of trade. ' The defendanta are Conrad Kreba, T. A. Rlgga. M. H. Curat, J. P. Ranaau. James P Incus, W. H. Egan. J. Wlnstan ley, Henry Clandfleld... James Myer, Marlon Palmer, . George A. Downs, James Cartwiight and Jamea SewelL The proposed pool waa to tie np 18.000 bale of hop and' would take that amount oft the market at once. The proposal to pool these hop was mad some time ago, but it waa not prior to a week ago when the idea took, tangi ble, form, and Conrad Kreba of Salem, and Julius Plncua of Iaaao Plncua A Bon, of T acorn a, were the chief mov ers in calling tha meeting. The Kreba and Plncua Interests are the , etrongeet In the two etetea in the trade, and they have the big hopgrowera with them in full aympathy. . ' At the meeting thla afternoon were M. " H. Durat the heavy, California grower; Jamea Sewell and George Bag ley of 'Hlllaboro; William Devi and Mr. McPhereon of Forest Grove; George A. Dorcaa and William Cheshire of Eu vene: T. A. Rlars and Mr. Otltner Cf (Continued on Page Six.) D O L LI A R 50,000. The crowd cheered him, but the line did not diminish. Nearly a hundred policemen tried to preserve order, but It 1 difficult work. Th directors of the First National held a meeting this ' morning and Issued a iUlemehf aIartnr-tha they-wlU--aaeet every demand, v No other local bank are affected as yet Blgelow is said to be In good aptrlta today.. The Clearing-House aaaoclatlon haa declared the First National perfectly aafe, and It la paying all demands. Di rector Beggs, of th Flrat National and Milwaukee Trust company, says that the ifcday WfidfewalHotlca ilT n. forced by the trust. . ' ' . A" million dollar from th Chicago bants, and the earn amount from local banks, poured Into the coffers of th First- National today. Blgelow did not appear at the bank today, but remained at home. He probably will appear be fore the grand Jury May It, It Is re ported that Ooll has-been arrested, la Chicago. " - Blgelow was arrested last night on complaint eworn to by United State "District Attoweyillfc..CButtarne!d. charging .him with embessllng a sum exceeding 1100.000. Henry C Ooll. as sistant cashier of th bank, will also be arrested. . Blgelow w held under 111,. 001 pond to IB leosru grano, junc 44 . Senator John H. Mitthell and Hia PORTLAND MAY BE THE CHOSEN CITY Permanent Headquarters ,: of u Women of Woodcraft May Come to Oregon. , - WrlXlAM REIDT WILL ; DONATE GOOD LOCATION W. 0. W. May Reduce Payment of Policies r Instead of s i Raising Rates. ' (Special Dispatch to The Joersal.) ' Loe . Angeles. Cel., April 25. Thurs day the Women of Woodcraft member will decide upon a location for their headquarters. . Oakland anq Salt Lake are making a atrong fight - Oregon del egatea, however, want the beadquartera at Portland, having the aupport of the head offlcera of Washington and Mon tana. William Reldt wlU donate a lot If Portland win. .The rat proposition Is binder discus sion by the Woodmen of the World. In stead of raising the rata, a resolution ha been Introduced that If a . member die at any time during the first year he shall receive but one half of his policy, the second year two thirds and after two years the full amount It haa been ahown that 10 per cent of the deatha oc cur during the first and second years, before the beneficiaries - have paid enough, into the order to pay for a mon ument Thla resolution no doubt will carry, and It will be a big aaving to the order. The fact becoming known that a de sirable location would be donated the Women of Woodcraft ahould the city of Portland be chosen aa a permanent alt for He headquartera haa stimulated all members of the northwest states to re doubled efforts to secure a favorable consideration- of the Oregon metropolis. Boise, Idaho, bad at one time offered Inducements 'for the establishment of the offices at that point but alnce the contest between Oakland and Salt Lake I- (ConUhuecV.on Page Six.) J Frank - 0. Bigelow, th DcfaiUtiojj STEAL .. i i i ii ii i 1 1 ii M f " ' ' : " 1905 -FOURTEEN PAGES. Attorney, A. S: Bennett, aa They Appeared in Couri Thia Mornings MIEN PRESENT AT TRIAL OF ACTRESS Court Rescinds x Order, Barring K-jr Sex From Nan Patter-V v ' son's Ordeal. ; rr TESTIrvrfHEME r . AS AT FARMER TRIALS Captain .Sweeney Tells of Con " vernation He Had With Pris- k wi ivi a. g a va r 9 w . . A. T Jaonul MmpUI tnln.l ' .New York. April t6. As a result of rescinding the 'order excluding women from the courtroom, many women and girls ware prasent at the -NinPitt arson trial this morning. Walter Norria, desk sergeant at the Leonard street section, wa the first wit. ness. He Identified the revolver se cured when . Naa waa brought . to : the etatldh. ' Captain Dennl Sweeney told of the conversation he held with the prisoner after her arrest' The testimony doe not differ from that of former trials. ,- Testerday the photographer and archi tect who had prepared the plcturea and plana' of the cab In which Toung was killed, briefly explained tneir oontnnu tlon to the case. Policeman Junlon told of his running after the cab In West Broadway soon after Toung wa shot and of hla directing the cab-d river to tha hosDltal. - . . 1. Wardman Edward J. Qulnn. who took Miss Patterson from the hoapltal to the police station, told hi connection with tne affair ana identined J. Morgan Smith and hi wife. Qulnn said that Mlaa Patterson waa hyaterical on the trip from the hospital to-the station house, but that ahe became cool and col lected when the station waa reached. He aid that Mia Patterson told hlnr dur ing the trip that ah had nothing to live for, now that Toung waa dead, and beared him to kill her. - . Justice Gaynor naa denied the peti tion compelling the district attorney to return the letter taken from the Smith when they were arrested. CAUS ES RUN "' Blgelow's confession, in which he ad mitted ' to the- board of director that he was a defaulter to th axtent of tl, 450.000, was begun Saturday evening. The money,, be aald, had been lost in speculation In wheat and stock. 'Not a dollar of It could be recovered, and the only sum he could offer toward recomirirntRerTMlll'B:"'WBr personal securities valued at $100,000. '-'' Blgelow has for years been recog hut .in of tha foramoat financiers Lot th country, i For 13 years he has been associated witn tne nrsi national bank and hla business connections with prominent " financial concerns, were dent of the, a marina a Bankers' aavoctt tion, and by Its membera was looked upon a a leader in financial matter. . Th method adopted by . Blgelow to conceal hla defalcation ' . wa , th manipulation of th collection account to make It appear that h reserve fund waa Intact andtho-amount of-theTn-creaaed collection fund wa devoted to stock operation. . The . reserve main tained lnba nka waa tampered with, the books of the Flrat National being fixed ao that the reserve appeared to be larger then- t-vaUy waa. In the falsi fying of recorda and manipulation of renervea Blgelow waa aided by Ooll ana two bookkeepers n th link, who acted upon order .;aww OREGOff WHEAT TURNED THE TIDE Broke the Bull Pool in Chicago . Mixed With Graded ; , 'rh- ' Grain. ; G;;' LAWSON TELLS WALL : STREET TO KEEP, COOL Advises Trader? to Hold Steady- Two Faifures Announced in New York. V " , V l(pecUl Clapateb te Tea JearaaLl Chicago, April SI. Oregon products are proving an Important factor In the Chicago market" Oregon wheat to the amount pf 16,000.000 buahele, put on the Chicago market Ihth lar few-day. waa an Important r actor in in Dig drop in valuea that ha taken place in the big fight that baa raged between the Gate bulla and Armour bear. Th secret of the grading of the Ore gon wheat .lie with the elevator own- era, aa thla wheat la not regularly graded on. Oie Chicago board. On good author ity, however. 11 im saia ini waa mixed with accepted grades. Have Gate and Armour formed n.M.mhlii in a wheat deal? . Thta -1 the general opinion of th wheat trade and . sometimes th trad I wise, r v . , '-- -' 'a' ;- " At nrasant It Is leaving the wheat market severely alone, aa far as th May option Is concerned , - Th. wheal market today was quite ex. citing, but It was purely a professional affair and prltfe were put up and down . , in. ..... 1 ., At the close today May wa but .on quarter cent above yeterday, while July and September were each np one half cent t x : .. ., " DON'T GET RATTLED. 1 J '; - (fliweUl MaMtek to Tee JooraaL) New Tork, April 15. Thla from Law. son: '" m (Continued on Pag Six.) ON BAN K - Tha ' manipulation of . accounts haa been going on for months, but so cleverly waa the work done that neither the directors or the national examiner were able to discover that anything waa wrong with th ?unda f f hebaMc Blgelow waa rated as a mUllonalre, and U left practically bankrupt by hla hrpgetrtatmiia anil the -aorwdar ef hla securities. His total losses In speculation during th last two year exceed 11.000.000. In th recent bear movement on Wall street and the wheaf smash in Chicago Bigelow and his "son ' lost all their oronertr. . . ' ' ' tTAilcatapnti ant Cashier Ooll. of tn Miiwauxee Dana, la being watched for In Chicago,., where he thaa a number of - frlende. ,. The United State marshal and detectives are aald to be making a search la the hope of capturing the banker. He was last aeen In Milwaukee last night ', : ' Portland banker who have met Blge low at varloua meetings of th Ameri can Bankers' aaaoclatlon state that he was a delightful companion. He is known as one of the handsomest mem bers o the association, as well aa on of th mo-t active Workers tn the or ganlsatl "t be 1 treasurer of th a- ' t 11 IZ. r - Ycxtirdav Was I PRICE FIVE CENTS. TOGO AND HIS SQUADROfJ ARE LOCATED OFF KOREA i Russian Fleets Taking Coal Off Hainan Wand Ciar Again i Promises Reform and. , v Public- Assembly. (Jenraal Special Serrlee.) London, April 15. A dispatch to the Exchange Telegraph from St Peter-'- burg state that "Kuropatkla ha re signed aa ' oomraander of th second army and la succeeded by General Kaul bar.'" . Th dispatch, adds "three of the chief revolutionary leaders of Rus sia have been a treated." ?'' . A - Chef 00- dispatch states that it Is reported from Korea that Admiral Togo With a' major part of hla aquadron was at Taaumpo bay, . near Fusban, Korea, on April 10. " . . The - governor or Hainan island , aa ' Wired theChlnS government that the Baltic fleet 1 taking Coal off the coast of Hainan. It la reported that th Rus sians will make . A prolonged stay ore Hainan Island, where they will await th arrival of Nebogatoffs third Baltlo squadron, which la now en route. It Is . reported from; Sty- Petersburg -that th admiralty ha no information a to whether RoJestvensky la waiting , for Nebogatoffs detachment, and sug gests th transport fleet may be left to the care of the slow but powerful ships . of the latter squadron while RoJest vensky tries conclusions with Togo, ' It Is reported that Japanese are mu- - mlnatlng by searchlight th northern waters of th Sea of Japan, th Tsugarti straits and La Perouae straits every . night Th Japanese neet l reporter south of Formosa awaiting Admiral Bo- Jestvensky. " ' - v 1 ' A St Peteatburg dispatch states that whit -giving an audience to the marshal of nobility of Kostroma at xsarsxoe Belo the emperor -aald: "My-wil t re- gardlng the convocation of the repre senUtlves of the people Is unswerving." The minister of the Interior is making every effort for Its speedy realisation.". Thl meag 1 evldenUy Intended to quiet th fear of the people that th nromise contained in the c Ear's rescript have not been fulfilled. - ' It 'Is stated on good auinoruy mat amnesty to all political and rellaiou prisoners will be proclaimed shortly. The government ba decided to pro iM bv oeaceful methods in xuture rather than by an exhibition of force. RUSSIA. COULD EASILY INVADE AFGHANISTAN Britain Powerless to Prevent Capture of Herat Within ; Week's' Time. .V (Joaraal Special Serrlee. . Bombay. April 15. The Times, com-;, mentlng on the recent liberal opposition In the British house of commons to the -strengthening of the northwestern fron-' tier of India, says that the opposition doe not realise the importance of the matter. It assert that a Russian army 100.000 Strong Is concentrated in Central Aala, that the Russian force la within striking distance of Herat, Afghanieten, which it could capture. In a week. ' ; The Afghan army is degenerated lntd a mere rabble, th whole country la losing the cohesion it posaeaaed under the late ameer. The bold of Hablbullan Khan, the present ameer, upon Afghan istan Is steadily weakening. The completion of the Ru salon-Oren burg railroad has revolutionised the I whtrtw-etteeitleii. The- Ruaslaa-xiaajtral Asian armr could - walk ever unsup ported Afghanistan without the slightest difficulty. The need for watchful pre paredness on the Indian frontier wa never greater than aow. WILL FURLOUGH FOUR ' ; ITTfCLERKSATROSECUnr (Spertat Dlapatrk e Tke JoeraaLI ' Waahlngton. April 21. Commlaaloner Richards of the general land enVe h decided to furlough four of the clerks on duty at th Roseburg land Sloe per Ing a resumption of business at t: ) place. I ' - , mscxrrra rc- r- ' (Joenal Nw Yor Brown of J filed In t prwe- - i i i i ii ; - .1 y 1 ,: "r- - -