1 '',.
good nvnLT:::;'
Test
r
; TKS VZAZZIZZL . '
'- Fair tonight" PrLlay fcr and '
cooler; northwest winds. 4 , T
.....
. '
POUTLAND, OREGON. THURSDAY
VOL. . IV. NO. 117.
20,- 1905-FOURTEEN, PAGES.
PRICE TWO CENTS. EmJEFWs t!
(DEEP!
Kf.:i3As city c'::x fails
TO OrEII TODAY :
,".-t'-. ,' . . - ....... --i.4
Clty National With a MUlion and
; ; a Half Deposit in , Viands ;
V of Controller. ? r
DISAGREES. HEW
EC-iT.ILE use
13
1 EVENING, . JULY
I .1 1 III III
Mill
J!;l.
1 1
BEGINS MIK
I. That Against Willard N. Jones,
. ;Thaddeus S. Potter, Daniel
Clark and Ira Wda Sa'd,
.-Vm- to,. Be- Defective. .?
HENEY NOT; SATISFIED
; 45;IT WOULD STAND
Contention or Attorneys Is. That the
Nature of the Conspiracy Charged
Against the Defendants la Not Suf
ficiently Deacribed by True BHJ, and
Court; Takes It Under Advisement
morning In the federal court which
vr threaten to prove fatal to the Indict
ment against .Willard N. Jones, Thad-
' deue B. Potter, Daniel Clark and Ira
v Wade, charged with conspiracy to de
; fraud the United 7 Statea of publlo
. lands, ."n' -., v-. ', $ , r v ' . . j s
" So strong -were the ; arguments , of
counsel for the defense that Judge Da
Haven vnd District Attorney , Heney
plainly inttma'ted their doubts ' as .to
whether It would stand.'- The question
..wee. taken, under advisement until to.
morrow morning. ; v
i The-Indictment Is one of :tlHse drawn
py Oliver E. Pagln. who cam to Port
rland Ust- winter at theprder . of the
. department. of Justice -tdSld Mr Heney
by taking off hishands -the task of
Aflrawlng , op. the formal chafgea in the
land fraud Cases. Pagln has enjoyed a
higa reputation for such work ' and
draw the beef trust indictments recent.
? ly returned la Chicago. The true bills
drawn1y htm hi the land fraudfeasea,
...however, have been the subject of much
: adverse criticism by court and counsel.
'' ,., The trial of Jones and his codefend.
. ants is set for tomorrow.'. but If ( the
-points valeed today by thelr-attorneys,
' 8. B. Huston and M. U Pipes, Should be
--detained - the - tadkitment - wUl b
quashed. In that event It is the In-
enttw-of-tlie pi usecutlug- attorney-1 to
oall another federal grand Jury and se
cure e. true bill that will withaUnd at
''"' tack. The . alleged conspiracy Is" not
yet barred by, the. statute of limlUtion.
' it.y Conspiracy Ho Described. .
Tlie eontentlon of , the attorneye for
" the defense la that the nature of the
conspiracy charged is nov sumcieniiy
; described by the indictment.' and at the
.: conclusion of the arguments Mr, Heney
'.said ' t t
"I must concede that the Indictment
if It is good, la not as good aa It ought
- to be, and If I were drawing it I would
draw It very differently.' I shall look
up the points madatby counsel, and I
'will aay frankly that if I reeeh the con--elusion
that the indictment ie defective,
. I will dismiss the case." ' i
1 . . The main argument against the Indict.
ment wae made by 8. B. Huston of Hills
boro, who presented tersely and clearly
' the grounds on whioh the demurrer is
" based. He stated to the court ,tht the
; indictment charges that Jones. Potter,
liblark and .Wade conspired with a nura-
. bar of -other persons, unnamed in the
, indictment, to ; defraud the United
. States of public lands.- The means by
'-which the fraud was accomplished were
threefold false proofs of homestead en
' try and settlement, false representations
and false eflldavlta already, on file in
1 the Oregon City land office, " u ' r
' .; There were two 'sorts of conspiracy,
' said the attorney, a conspiracy to com
mit a crime and a conspiracy to com
mit an act . in itself legal by the em
. ployment of Illegal means. The latter
. wae the nature of the . conspiracy
; tharged . against . the def endantaln , the
case at bar.- . ,V.;
.; Authorltle ', KaUtaia Mis Voint. I
' " Numeroue authorities were read : to
' sustain the point "that- in this, latter
aort of conaplraey, where the offense
- Ilea in the employment pf illegal means,
the Indictment must set forth fully the
nature of the meane employed.- 1
- "This Indictment." said MM Huston,
' "does not, show who made the false
; proofs of homesWsad, nor does It show
the land to which they related.. It doee
-r--not show what -was -to be dona . with
the land, nor la It even charged.. that it
' wae to be converted to the defendant,
Jonea. ' Toe charges as t the false
" representations are equally, defective.
- Aa to the affidavits previously on file
In -the Oregon City land t offlco, . the
' third meana employed - by the. alleged
, conspirators, these amaavita are not
identified In -any way. - They -may-be
any affidavits filed in that office within
', the past 10 yeara They may relate to
any landa in the district The indict-
tnent does not give one single earmark
by which we may know what affidavits
; are referred to or what land they con.
cern. We are entitled to know before
'coming ..into court what affidavits we
must meet, so that we may show that
i; they are true, and not false as charged
- - Mr. Huston Insisted that In the event
, ef a verdict under this Indictment the
'. defendants might be Indloted again, and
' not be able to plead the bar of the for
- mer trial. Other minor objetlons to the
' sufficiency 6f thelndtotment ware urged.
XndletmeatS StifHt Be Bafaoleni
. Mr. Heney said In opening his argu
j tnnt In defense of the Indictment: --
"It Is a vary difficult msttor, for me to
. 1 answer some of the objections that have
..been raised to the land fraud Indlctmenta
', for the reason that, not havlngfdrawA
' them, t am not familiar with the theory
of the pleader. Still I think there may
J be sufficient in the indictment to make
- It good." 1 J V - . :
. A portion of the Indictment, charging
generally a conspiracy to defraud" the
government, wae then read by the prose
cutlng atWaey with the suggestion that
1 it might be enough to charge the crime
and that other parts of he indictment te
.which objection had been made might be,
(Cuntlnuel on Pag. Twe.J
Legal . objections .waroAralsad thisi i
GH JUSTICE
KEEPS III? JOB .
New , York Legislature ! Falls to
5 Remove . Supreme ; Court
Judjge Warreri R,,PullerV :K
COT DEBTORS POSITIONS ?
1 TO PROFIT BY SALARIES
Accused of Being "Wilfully Guilty of
, Corrupt, ' Unlawful I and Immpra)
'Acts" Calculated tx Bring His Of-
: fir Tn4A tnh1l fnnmn. Vf
..-T - r-
(fuaissl BuwUl Sanleerr
Albany.' N. YJ July 20. The assembly
today - voted , on the resolution . calling
for the ramovat of Supreme Court Jua
tloe. WSrren - B. Hooker of Fsedonls,
charged with corrupt and Immoral prac
tlcee. Two thirds of a majority ' were
required but not. secured, hence Hooker
will not be removed.. ,:'. W
-' The formal charge upon which Justice
Hooker's removal was asked alleges that
he bee ' been willfully . guilty of ' corrupt,-
unlawful and Immoral acts," cat
eulsted to bring the office - of Justice
of the" supreme court Into contempt and
showing 'personal unfitness for
exalted rfflea.'... -,. -.. '
In the charges against Hooker Jt .is
alleged ' that Frank P. Ball of Dunkirk
waa given a position In the Fredonla
postof flee" at the eollcttatlos of Hooker;
that. Ball never performed any service,
and that his salary wts applied to liqui
dating notea given by Ball and indorsed
by Justice Hooker a wife.
judge Hooker, asserted Irr nis defense
that neither he nor hie wife Iqaned a
doll directly to BalU Mrs. , Hooker
went on his notes only aa accommoda
tion indoraer. . i - - : J . ' '
l The act that Ban was not doing any
work In tha Fredonla - poetofnoe wae
nave g1- -' "n ran ld Ji
everha ve any eonversation with Bailor
arrangement 1K whlch- BaU was.toxdo
no werk and was W apply, tha salary
toward tha payment of the Sotea, .
Of ''his nephew, : Maurice Hooker he
Said ha never knew-that young. Hooker,
who bad a' position ' aa laborer In the
Fredonla ' pootoraoe, was-; not actually
doing work. -.'.7 .-. ;,v,!,
iV0:.!AH OF J29 ELOPES VITH
limii-oLDiyoiiTiil
' -.-. ' ' "eswaaBessasasjBwaaBa'i - . Jw.V -.;U(i ?
Wif e off Vpailantl Contractor De
' aerta Husband and Famjlyiv
v.-1.t-.'.for Mere Soy,'r.:-
-:-vv.v : . -l.ur.
- :,'.-$'':;'
'i ! (Jooraal Bsecial Service.) -.
- Ann Arfcor M4ch.. July te. A similar
case, to the- Rogers-Ell affair, -which
stirred Evanston and Chicago, recently,
le an apparently sensational elopement
from Tpsllantl of Mrs. Charles Kohla.
alch, the wife of a cement contractor,
and Carl Peffer, a 11-year-old boy. - The
woman la IS yeara old and the mother
of fur children. -. . ' ,' - " .-
A few weeke ago Mrs.' Kohlaalch was
taken with, appendicitis and. an opera
tion performed... When ahe waa able to
sit x up bar:, husband .engaged young
Peffer -4a wheel her around In an in
valid chair. Three weeke ago .the hus
band 1 came '. home unexpectedly and
found his wife with young Peffer, He
remonstrated and -ordered the 'boy
home. .Teaterday-Kohlaalch came-home
and found hie wife gone. Her clotbee
and the plcturee of her father and
mother had. been taken and the 'chil
dren left alone. - Later It waa. found
that Carl had also disappeared.' . .,
THIS BLOCK A CHAMPION -:
OFTEDDY'S PETTHEORY
. - Uesraal Saedal Servtce.) ' ' V
-' Chicago, July 10. There Is a block
on.- Pleasant -street, between J Division
and Vedder, that la thinking of Chang.
Ing Ite name to Roosevelt square. This
morning there arrived at the- home of
John Marshall, a Standard Oil employe,
e fine eet of triplets, adding another
laurel 'to the anti-race euiclde ' wreath
of the block In the last four months.
The record of the block tor Single
births, ' 11; twins (pairs), six; triplets,
one set Mrs; Helen Marshall, the
mother of the triplets, le 13 years old.
The children are glrla and all are do
ing nicely. Another peculiarity of the
block la the fact that the death, fate le
Mill 4VW - . v -
, A:
NORWAY WILL ASK FOR V '
v PRECOGNITION AT ONCE
':' ? $
: y '(Jooraal Special Serrioe.) i -V, '
' Chrlstlanla. July 10.Tbe Norwegian
government haa decided that If the Swe
dish riksdag votes to postpone Until Jan
uary the dissolution of the union. - the
powers will be asked for an Immediate
recognition of 1 Norway' Independence,
In order that Norway's commercial in
terests abroad may not be Jeopardised. ,
ARABIANS ARE ROUTED
BY TURKISH . TROOPS
... . ' , 1' 1
' - (Jearaal Spedal Sarviee.)
Constentlnople, July : to. The " -porte
his received word that the Turkish army
In the .Yemen- province-of Arabia has
won a great victory over . the rebels,
Completely' rooting the latter.' ' -vy-,.v.,....;.
, . ..' i ... . " '
HIine AxJct Assembly . to " Ap-
point Insurance Investlga-;
' '- tloti Committee. '
.' ' ' ' " .' f I '
. A .; ' 11 " 1
(leornal Special Berries.) ..' '
'. Albany, N. T. cJuly- 10. Governor
Hlggln aprung a aurprlae in the legis
lature today by. sending to the extra
session a special message recommending
that- that, body take -under considera
tion the question of the -appointment
of a joint committee from the aasembly
with the 'usual powers to Investigate,
after-- adjournment.,- the - operation of
Ufa insurance companies, doing buelnese
la the state for the purpose of recom
mending'' to the next regular session
such . proposed legislation . aa la ade
quate to restore publlo ooofldenoe. --
Higglns made n statement after send
ing in his message that he did not reo
ommend the legislative investigation of
Insurance eompanieai but merely - to
take the matter under consideration, as
hie position of not assuming responsibility-
remained unohanged. Ill-conald-ered
haste provoked by angry, impatient
Clamor would serve no useful end, be
said.
- r
V - Srttein Vaaaea Allen Bia, - '
; 'l x: (Joarsal Special Serrtee.) .
Ixndon. July 10. The house of com
mons haa pesssd the alien blU at its
third reading by a majority of 90. The
bill restrlots the immigration of Paupers
and criminals, 10 ureal oriujn.
riO-SPECIALS FOR
...
lORTILEi
MayoT Lane: Revokes Commis--
tyri of Officers Quartered ' f
". .! In That District. " 'I
' - - .
WILL END CRAFT AND ,
hy ILLEGAL PROTECTION
.r . ... : , .i,:. . . .-.fr';
funca ;wmbtoa.v7itt CityPris-
toners and , Ascertain .Fitness and
Quantity' of Food Served Repairs
- to Jail ' Also' Considered. ;
. Hereafter there will be no special offi
cers in the north end. All tha commis
sions of the special office re in that dis
trict have been revoked end the mayor
will not appoint others. This action in
refusing,. to 'permit special officers In
thst district haa been taken with a view
of cutting oft the revenue of many who
poeo eg; special officers' and live off the
motley paid them under promise of pro
tection.1 L? i . fjiia
Mayor . Lane explained to the police
committee of the executive board this
morning that he was going to Inform
the women of that district that they
should pay no - man for protection, aa
nobody would be able te give them more
protection than -the regular officers. .
The committee, consisting - 01 1 nomas
Green. R. I Sabln and - N. J, Blagen,
heartily Indorsed the action of the mayot
in revoking the commissions or tne epe.
clal officers. '.. v--;;: ' '.-t
A : ' .,' Stlsnse ef tke epeelal. .- " '
'. The special officers. In placee where it
is necessary to have t hern, -will not be
seriously Interfered with, excepting 'that
they will be compelled to be reappointed
by the mayor and have their names put
on the list of special lof fleers which will
be in thS' hands of the chief of police,
to" whom they will be compelled to report
weekly or semi-monthly. , If eny of the
specials refuse to hand over their special
stars when requested to do so, the mayor
stated that warrants would be Issued
for their errest. " ' '
"It is up to, you committeemen to neip
ma." said, the mayor. "Hereafter 1 all
applicants for appointment will first go
to the cniet 01 ponce, wno win maae
an Investigation: next they will be
turned over tothls committee, and aftet
you have finished t will make the ap
notaittnents. providing the Investigations -
are satisfactory. These special officers
will have their names on tne register,
and it any -of them Is-- found taking
money he will bave his appointment re.
voked 1 ' t
. The mayor outlined his policy regard..
Ing the enforcement of the box ordi
nance and the . regulation ' of the down
town districts, .which he has -voiced in
interviews and speeches,, and the com
mittee promised to stand by him In the
enforcement of the city ' laws. '
The regulations of the city Jan. ware
discussed. The mayor stated that com
plaints had Veen made, that the food was
unsatisfactory, and invited the members
to accompany him to dine with the pris
oners some afternoon to test the quality
of the food which' war served them. The
committee a crrtth panted '. Chief Grits-
macher to the city Jail after the meeting
to examine Into repairs ' needed In -the
officers' 'quarters and the- municipal
Sour ' ' - ' .'. y .' , .'. I ' I j
1 i-v- a
nr: 1ITI
1 sr 1 s 1 s i -maai -
rWW .sjaeewssji 1 1
, AM"
f;''.
,1
i
3
J-1' A
Photograph of Chirles H.Ahle'and
. some of the prominent people from
-; Whom ' he ; ia. 'aaid; to haW secured
$300, 'subscriptions ' te- "America's
; Smart Set," as a rneana of inducing
' him to keep.stories concerning thern
iout of a Nsw York society' publics.
-tJdriL I Able wasdeTerly trapped by
. Edwin JM.' Post, one of his intended
fctims; . The' upper photograph ia
that of Mra., Potter Palmer; below
, on the left ia Mrs., E. R. Thomss
. - and ' on the right Mrs. Mortimer
"Brdoksii-li.-:;4;!:.'; i:
C0EBCED INTO. PAYING
v BLACKMAIL FOR BOOK
' (Joursal Spedal Service.) . ,
New-Tork,-July JO.The district at.
torney's office haa determined' to Investi
gate thoroughly the books of the Tows
Topics in so far ae they deal with the
book on American society entitled "Fads
and Fancies," which -waa sold by sub.
ecriptlon, and upon which the publishers
realised approximately (200,000, al
though .no'books were delivered. It is
alleged that tha publishers of tha book
blackmailed society - people by ' telling
them "that unless a large subscription
was made for a copy ef the book, scan
dalous stories would be published in
Town Topics. Among tha people who
are on the list of subscribers to 'Tads
and Fancies" besides Mrs. CP. Hunting
ton,. who paid 110,000 for nr subscrip
tion, are John Jacob Astor, Clarence H,
Mack-ay" and Senator Chaunoey M. Do
?ew, for f 1,100 each, and Perry Belmont,
1,500., v .-' .. ;-, ' .' .v..:
, Oood Templars at Oentvallav- -
' (Special Dlapatck ti Tke Journal.) . ' ,
Centralla, Wash- July i0. The Wash.
Ington grand lodge of the Independent
Order, of -Good Templars Is holding its
final session here today. . Many 'promi
nent ' temperance workers from various
parts of the Union are present. -, , .,',
' : (Jooraal Spedal Berries.)
Kansas City. July 10. The City. Na
tional, bank, with a capital of 1100,000,
failed to onen thla morning, and the In
stitution waa placed In the hands' of the
controller of the currency. The deposits
of the bank amount .to 11.800,000. lis
total resources and liabilities reach
11.000.000. , "
- A commltteo of 'bankers examined the
institution last night, but decided not
to extend aaslstanca,- Alleged bad man
agement 1 given as the cause of the
failure. There had keen no noticeable
run on the bank. Vice-President Loomla,
prominent In the failure. Is connected
with Devlin ef Topeka, who recently
failed. : . -.. ... .
AMERICANS MOLESTED ;,
. IN ENFORCING BOYCOTT
. Ueemal Speelat Serrlee.) ,
' Hongkong, July 10. American 'consu
lar officials In Amoy and Shanghai were
molested today, following, the putting
Into effect of the Chinese boycott on
American goods. The Standard- Oil com
pradors at Amoy has been ordered to
give up hie position. Further serious
complications are pectea.
mis is m FJiiii
TODAY
Washington State Bankers'. As
' sociation Sees Sights-end .
, ' Has Arihual Session. ,
INTERESTING i PAPERS . -
READ AND DISCUSSED
President - &ya 4 Proposed Law Z to
Submit Account of Customs to As-
aeaaors , la Serious Menace : and
"Should'Not Be Paaaed. " " '
; -',' , v i
Into the hand! of the Walhlngton
Itate Banker)' a$toclatlon the expoll
tion ground!- heve been turrendered.
That prolperoul organisation con
vened in its tenth annual lettlon thlt
morning at the American Inn and for
three day! the member! will dllcull
among tbem!elve!, on a heart-to-heart
bait!, the eallelt. way of getting the
coin. Thlt II the way It look! to an
ontllder.' The banker! put It In another
form. They lay "mutual advancement
Jutt the lame, they ere In lelllon and
doing thing! of Interelt to money
lender! and borrower! In all part! of the
lute....- ' - ' -----
There were 1(0 delegate In the con
vention when at 10:10 o'clock. President
N. H. Latimer of Seattle rapped on the
oak table and announced that Dr. A, A.
Morrison of Trinity church would Invoke
the divine blessing. At the conclusion
of the prayer Oskar Huber of tke admin
iatratlon welcomed the bankers to the
exposition.
"I never have made a speech In my
life," said he, "and probably never will.
But. aa the representative of President
Goods, I want to advise you that the
expoeltlon le yours. Enjoy yourselves.''
: Msyor Lane waa to have made an ad
dress of welcome, but was unavoidably
detained. ' 80 the convention got down to
bualnese Immediately. I- - p,
Washington Is Troepertms. C
' In his annual address) rrealdent Lati
mer congratulated the association on
the great progress made during the paat
year in the state of Washington and on
the prospects for the ensuing year.
"The harvest and atock yields have
been the greatest in our history," said
he, "and we are enjoying that bappy
condition which results from a demand
greater than the supply. As a fruit
growing country, not many years ago
Washington . would ' have been laughed
at, but today wa are among the foremost
states In 'that Industry; In Dairying we
are leading.-. Out, market lncludea the.
orient, California. - Alaska and country
as far east aa, the Mississippi river.
These conditions have changed our peo
ple from ' money-borrowers . to money.
lenders." .-.
' The president - expressed hie great
pleasure that Oregon bankers had de
termined to-organise an association sim
ilar to that of Washington. He spoke of
the proposed lew compelling bankers to
submit the accounts of their customers
to the assessors as a menaoe.
- "In my. opinion," ha said, "such a law
would be a serious blow to the banking
business." . - , .
- In concluding. President Latimer rec
ommended that resolutions of respect be
psssed to the memory of W. M. Shaw
of - Spokane, formerly-treasurer' of the
association. - - ' .. . - ' -
Continued on I'r Two.).
LOOKS
SPAU1ARDS LYHGI1
!
People of Salamanca Indignant
Over Letting of Franchise '
':'-: if', by Council. 4 '
STORM THE CITY HALL, ; I-,
7STRINGING UP LEADER
Prompt - and Efficient Method
Adopted to End Reign of Graft
; Had Given Away Valuable Rights
' Belonging to Public
euiuai BiieLiat vsm-i
- Salamanca, Spain, July 10. Publlo In
dignation against the town councillors
for letting a local franchise without In
cluding provision that-the elty be prop-
Lerly remunerated for the privileges
granted culminated last night in a mass
meeting, which adjourned-to the town
hall, where, the councilman were In ses
sion. The council men barricaded the
doors,' but the mob stormed the building,
driving the councillors Into the street,
where the f rensfed mob lynched the ring
leader. - ..."
'The action of the council waa taken
under protest of property own re and
cltlsena generally. Stories of corruption
and bribery have long been rampant, but
the protest of. tha people waa Ignored
by the councillors. Excitement la at a
fever pitch and threats are openly made
that unices the council rescinds its ac
tion at once more lynchinga will follow.
An Ineffectual attempt waa made by
the polloe to protect the governing body,
but they were entirely Inadequate, to
cope with the mob, who made prisoners
of the gendarmes. ' The doors of - the city
hall were broken open with rails torn
up from the street, and many ef the win
dows smashed with-paving atones. ,
- The mayor has petitioned she govern.
'Went for troops to "prevent 'further
scenes of violence end is also using his
efforts to bring about the repeal of the
franchise. The councillors are tnor
oughly frightened, and so many of them
are In hiding that It le hnboaalble to get
a quorum today.- .--. v .- '-
RESUMES i;;VESTI8ATIC:i DF
TOuI TOPICS "
v"-V'
Books of Company Produced for
Examination by District
, , Attorney KroteL '
New York, July. 10. Assistant Dis
trict Attorney Krotel resumed the in
spection today of tha books of the Town
Toplce company, witn counsel iot xno
concern, 'who Is permitting tha exam
ination of the account with the company
held by Juatloa Duell, which was pre
viously refused. . - .- ,
. Krotel baa made many Interacting
findings in the list of subscriber for
"Fads and Fancies," but declines to dla
elos their names. The district attor
ney's office issued no more subpoenas
today. - - . ' - - "
Town Topics annonncee that It stands
for "Fads and Fancies- on the ground
that the rich had a right to indulge In
peculiarities euch as automobiles, yachts
and edltlone do luxe,
EQUITABLE CONTROLLER
IS REMOVED BY MORTON
(Jearaal Special Bervfee.1
New York, July lO.-rChalrman Paul
Morton of the' Equitable haa summarily
removed Controller T. T. Jordan and
BDDolnted In hla stead William A. Day,
assistant attorney-general of the United
States. .The removal waa oocanoned by
Jordan's refusal, to furnish information
regardThg Important transactions of the
society Which are being Investigated. Mr.
Day will take charge at ones, having
resigned from -the government. The
transaction being lnvestlgsted la the
mysterious loan of 185,000 which In.
suranoo Commissioner Hendricks wae
unable to trace. , -
TEAMSTERS VOTING ON S .
DECLARING STRIKE OFF
''.'' (Joarsal tpecut Servlea.t ':
Chicago, July 10. The unions Inter.
eeted in the teamsters" strike are today
taking s vote on the advisability of call.
ins out tne etnae... ine action waa de
cided upon at a meeting ef tha joint
teamsters' council held last night. The
meeting wee stormy, and it wae long
after midnight before the order to take
a referendum vote wee Issued. - The
Teamownere' association has reached an
agreement with the teamsters' 'joint
council whereby union nevwtll not be
compelled to deliver goods to nonunion
houses, thus averting the threatened
strike of ye truck drivers. "
EXHUL'.E '.?S, CARLTON
TO INVESTIGATE CZATII
(Joarsal Spedal asrrteO
Jw Tmlr Jul 1 rt TK. kd. -0 at
Carlton's second wife wss token f- n
the grave In Calvary ceme'ary t t 1 r
the pT-fO- f t n sut r to
c.scov.r ' ' , n
la ao ''li
v '-- 1
CO
IILLOR
After Nearly' Forty-Eight Houn'
Deliberation the Jurors Who ;
Heard CaseAgainst Ac- :
iJtcused Are Discharged. " . V .
TEN SAID GUILTY AND -
-- TWO SAID INNOCENT
United ;;l States District Attorney
' Heney Listens 'to. Sutement and
Then Announces That Ho Will Bo
Ready to' Proceed at One Wit!i
Prosecution. ...
Uiiebl " "BUfi on ft vr4Hsts; thsV
Jury which nad been deliberating foe
nearly 41 hours on the guilt or in
nocence .of - Congressman Williamson,
Dr. Van Cleaner and Marlon R. Elgga
waa discharged at 1 o'clock; this after
noon. - - , .-.'.- .
Judge De Haven ' - immediately an.
nounoed that the defendante would be
placed on trial for .. the aecond time at
10 o clock tomorrow morning, the case
of United States, vs. Jones at aL which.
bad been set for that - time being post
poned to a later date." -p .' .'
Two of the Jurors, Gk O. -Walker ot
Lane county and O. H. Flook of Doug,
las county. ' voted to the laat for the '
acquittal ot all three of the defendants,
the other -ten voting for - conviction. '
In response to the questions of the
court, the Jury stated that they were
unable to agree oa a verdict aa to any .
one of the three defendante. The state
ment, caused surprise In the courtroom,
for it had been the general theory that
the disagreement had, arisen over Con- -greaaman
Williamson alone, ' and that
thla was alao the belief of counsel for.
the defense had been made- plain this
morning by an intimation of Judge -Bennett's
in open court. ;.
' Tha Jary Oomes Xn.
x Weary-aad haggard and bearing the,
marks of "Jthelr close conOnemeif or
"hearlytwo dys""Iri " tbV juryroom. the""
It men filed into the courtroom at 1',
o'clock thla afternoon,- guarded by dep
uty marshals. Word had been aent to
the 'Judge, to counsel and to defendante
that the Jury was to. appear and all
were on hand.' ,. 4
"Gentlemen, bave you agreed on
verd let f asked Judge De Haven. -
"W have not." replied the foreman,
'. "Do you desire further Instructions T"
We think, your honor, that there is
no possible chance of reaching a de
clslon." replied the foreman. . : v -
,w. O. Cook rose and addressed the
court: ',.- ,
nve have argued the. evidence very
thoroughly. Every man baa had a ehance
to have hla aay. : Under present condi
tions we think it will be Impossible to
agree." ; -..;" , " "
.Judge De Haven aaked whether tha
Jurore understand that they ,had the
right to find a verdict of not guilty aa
to any ono of the defendante and the
Jurors replied that they hod. so under,
stood. - The Judge (hen esked each oner
of the Jury:
"Do you think there la any poaalblllty
that with further deliberation you would
be able to agree on a verdict T" ,
. All replied In tha negative.
. The clerk waa then lnatructed' to enter
an order reciting the facta that the Jury
had been considering the evidence for
nearly 4! hours, that the court waa sat
isfied that there waa no reasonable
pros poet of an agreement and directing
that they be discharged from -further
consideration of the easel , ', i
Mr. Heney at once asked tha court to -set
the Williamson case for retrial Im
mediately after tha. Jonea case, which
had been Set for tomorrow. Judge De
Haven said, however, that la view of tha
uncertainty aa te the validity of the In
dictment In the Jonea case ho would pre
fer not to take that up at once and he
suggested that tha aecond trial of Con.
greaaman Williamson and hla co-defendants
should begin tomorrow. - .'
Judge Bennett entered strong objec
tion to entering at once on the sec
ond trial, but Judge Da Haven did not
regard his objections aa sufficient -
ine oaso win oa set ror tomorrow.
morning at 10 o'clock,- he said de
cisively, and court was adjourned until
that hour. - ..... -v I-
It la learned that with the exception
of a single ballot, the vote of the Jury ,
waa 10 for conviction of all of the de
fendants and I for aoqutttal. - Walker
and Flook stood out persistently for a
verdict of not guilty.: At one time they
proposed to compromise by voting for
the conviction Of Oesner and Biggs, pro
vided the others would vote to nouult-
Williamson, but the proposition waa r-
iyaeo. un one Dsuot. soon arter Day
had retired. Juror Blnns voted for eo
qulttsl. but ha changed Immediately to
the side ef tha majority. - .... '
Rumore were current yeeterdaV that
the Jury was unanimous for Conviction .
with the exception of W, O. Qook, whv .
waa reported to be voting for acquittal.
These reports prove, te be utterly un
founded. - Cook wae thoroughly eon
vlnced of tbo guilt of tha defendant.
and voted uniformly for conviction. Tha
story waa flrst published yesterday
morning and constant repetition during .
the day gave It wlda credence.
. V1' Stow the ory Stood.
In the Wllllamson-Oesner-Blggs trial,
which ended In a hung Jury this after
noon. St ballots were taken.
On the Orst four there were 4 vo - -for
the scqulttal of Wllllntoaoa in 1
for the acquittal of the others,
After that ballots were prec
changed, standing 10 tor c
all toe defendants and I t
.-..'' roian's r
tJtaewl '
Des l!oln?.
r! a of t- e '
i