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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 8, 1907)
70riK CAR-RUNS AWAY; OIIaFRUST DEFIES tCOURT . . . . . -. - ..-.. .. . . .. ... .... . HAYWOOD TO TAKE STAND AREYOUGOmfl AWAY? Have The Jovrnal follow you to give ' you all the news Irofa home. V Tb. WeatherFair and cooler to night and tomorrow; westerly winds. '. ' - Journal Circulation Svnday ' Was 21214 55 ? vol., vi. no. loo.' V : ; : ; ; iiifl : ; v Portland, Oregon, monday evening, july .8, 1007. fourteen pages. TT1T-Tli nitm WMTO OW Tt ATI'S aV Im . . " , -J i -' Miff IV vfiii JtiIMOMB:EM$EHMB TO Grafting Official Appeals to Peo ple to Suspend Judgment, Al leging Court Is Preudiced Against Him Denied Justice Clajms He Is (Journal Special Service.) San Francisco, July 8. Eugene E. Schmitz, mayor of San Francisco, was this morning sentenced- to five years' imprisonment in San Quentin penitentiary by Judge Dunne on conviction of the crime of extortion from French restaurants. As soon as the sen tence was pronounced pandemonium reigned. The crowd in the court room cheered Judge Dunne, hats were thrown in the air and manv spectators hueeed each other. The Efforts of the bailiffs to oreserve order were powerless. Tudee Dunne, before imposing sentence, spoke at . length on the manner -in which Mayor Schmitz wai raised to the highest office in the gift of the city. Schmitz interrupted, declaring, "I. am not here to be humiliated." His body watf trembling with rage and in tense hatred flashed from his eves as he continued : 1 am an American, citizen and am ijot , here .begging leniency from your) .honor or anyher,manJ-aHrtthev,inereIy to secure my sentence." Judge Dunne attempted to proceed, but he had not gone far when Schmitz aeam broke in : "If your honor had any self-respect you would give me my sentence and not attempt to Humiliate me. i nis is mereiy aone that newspapers may flaunt this broadcast. I repeat, sir, I'm not bcermne leniencv. xou are nerc mereiy to uo your uuiy. ,inc statement that I have disgraced the city is false. The people realize my position. The court then pronounced sentence. 'Schmlts issued the following state ment after his sentence was pronounced The proceedings this morning demon strate more clearly than anything else heretofore has done the charge I'made upon my immediate return from the east, that Judge Dunne is prejudiced amlnst me. and that it was impossible to secure a fair trial. The animus he4 nurtured In his heart for some time came clearly to the surface this mora ine-. I never asked lor leniency, out expected, as every American cltisen fcaa a rla-ht tn ainccL Justice. "1 ask the people to withhold final Judgment until the whole iniquitous Droceedlngs In Dunne's court can, be brought to light, before either the ap pellate or supreme court, which will pass upon the grounds for the appeal, which my attorneys Intend to take im mediately. I have never asked for mercy and before the court, where I did not receive a fair trial. I certainly never expected it. Is Again a Candidate. I Intend not only to fight this charge, step by step, but all charges brouaht against me, and with the knowledge in my conscience vi my ir innocence. 1 exoect to d- suc- 1 in the contest, l now reiterate whalT I have said on several occasions that I will again be a candidate lor mayor, when the people of San Fran cisco will have an opportunity by their votes of demonstrating whether they believe me guilty or Innocent. The peo- f le are always right and I am satisfied o leave my case with them." - -.' From the number of graft cases on the court calendar today and a meeting of the supervisors this afternoon, at which the inauguration of a newma: ha been promised, the prosecution is a d ft the indicted members of the Parkside inauguration of a newmayor promised, me prosecution 11 tusy day. Besides the sen tence of Mayor Schmlts by Judge Dunne having Realty company. appeared for arraign' menu ww Mayor to Be Chosen. .' The conspiracy cases against Dlnan and Ruef are also on the calendar. Heney arrived from the south yester day morning. Although Sunday had been fixed as the time when a revela tion of the IdenUty ot the new mayor of San Francisco was 'to be made, and District Attorney Langdon had inti mated that the meeting of the board of supervisors will accomplish the pro gram of appointment of the chosen mayor, llrst as a member of the board in place of one who will resign and after that his induction to the chair, following the retirement of Gallagher, yet the members of the prosecution show a reluctance to speak on the matter. ."If a man has been chosen mayor I do not know of it," was the enigmatic utterance of Rudoloh Soreckels. and Heney expressed a similar vagueness or me point yesterday. 1 nave not seen the district attorney since my return this morning." he said, "and I do not know whether anything nas Dean aone in tne matter or not. I cannot say what the board of super visors may ao. Schmlts's FnbUo Career. In 101 Schmlts was a 130 a week orchestra leader in the Columbia theatre. 1 he orchestra, under him. was a trlvlai affair, and to swell the volume of sound tne leader- Diaved a violin.. He was no artist with the violin by any means, simply a second or third-rate fiddler. His only bid for fame at that time was petty prominence he enloved In labor union affairs. He was the chief figure In the Musical union in San Francisco, and in that canaeity was brought into contact with other labor leaders. A union Labor party was formed to . -l..:w&ti$1&f -I'M . : Z k-ALt v Iff t v 'r rr? "i i t v " - I'm v; f 4 Iff MAYOR EUGENE SCHMITZ CAR ABLAZE RUNS WILD DOWN I L uraKe rails to work on Portland Heights and a Lumber-Laden Construe tion Car Kuns Far Down on Washington Street. Conductor and Motorman Are Badly Burned, but the Runaway Escapes Doing Any Damage in Its Wild Flight. BIGGS IS IN COUNTY JAIL take aa active part in tha coming mu- Crook County Man ConTicted of Subornation of Perjury nlcipal struggle. This was Schmlts' J in Land Fraud Cases Is Denied the Privilege of Serving His Time in Prineville Prison. ehance. As the leader- of the Musicians' nnion he was nut forward mm the m.v. oralty candidate of the new party. with the help of Ruef and the pecu liar conditions In the labor worlH dm. vailing at that time the orchestra leader Was rswent into . the mivnr'i rhulr Though a crude orator Bchmlti had de veloped into a forceful and effective speaker on the stump. He was but thirty-flvs years old. He had lived all his life in San Francisco, having been born there Of German narenta. HI father, had gone to the Paoiflo , coast with the gold hunters, but was not one of the lucky ones. When Schmlts first took hoM of th mayorallty of San Francisco his rule was characterised by sanitv and aatra. city. It seemed to be his single aim to give the city an honest administration and the best in his power. (Continued on Pago Two.) Marlon R. Biggs, who was convicted of subornation of perjury in the land fraud cases tried in 1905, arrived in Portland this morning and was taken to the county Jail to servo his sentence of 10 months. , Biggs filed a petition this morning asking that his place of confinement be In the county Jail at Prinevllle, but Judge Wolverton ruled against him, stating that the change might be made In the future If the facts warranted it. Biggs' plea was mad on the ground INSUFFICI ENT EVIDENCE TO PROSECUTE OLDFIELD Deputy District Attorney Haney So Stated in Municipal Court and Judge Cameron Dismissed OisjCharging , Dare Devil Rider With Faking Money of Public Investigation shows no evidence sufficient to Justify a further prosecu tion of this case." said Deputy District Attorney Haney In municipal court this morning, fn moving the dismissal Of the charge filed against Barney Oldfield. the automobile racer accused of having se cured money' under falsa pretenses by means of a fake race ; meet'J Judge Cameron promptly dismissed the case, j - The, prowedlng-s against Oldfield were , the outcome . of sensational charges made against htm by a local newspaper, one of whose reporters .swore to the complaint . The . charges against E. A. Moross, Oldfield's ; manager, were al lowed to ; stand - upon the docket,, but there Is but little- possibility of the case ever com in into courts According, to O. -C. Moaer. who has had chares of the case for the district attorney's of flee there aem to bo no ageniess to brine- the caa to trial and n'9 opinion It also "wlUo ulttmatehr dismissed.. K':-,; i - Oldfield will leave the city In a day or ao to meet his engagements accord ing to his schedule, but there is strong possibility that he will Institute a criminal action against those who were Instrumental in hla arrest on the grounds oi narm aone to his reputation both personally and professionally and also for financial loss through enforced de ley hero in Portland. The friends of Oldfield are urging him to take hia ac tion and; some , of them say ha has stated that he would do so. but neither he nor his attorney will discuss the question publicly, saying , that it . la to be determined by future event. - . OJdfiett yesterday at the -solicitation Of some - of his-friends drew -up and signed the following statement: . . I freely admit that the meet of July J was a bad .one ' and poorly . managed and .that the public had Just cause for complaint, and, in .voicing my regrets I that by serving his time in the Crook county Jail he could keep In close touch with- his business deals, also that be could be visited by his wife who Is a chronic sufferer of stomach trouble. Wants to Watch Xls Farm. Biggs operates two farms within sev eral miles of Prinevllle and represented to the court that his business affairs are in auch a condition that his future financial condition depends upon the management of his affairs this year. and that ft would be absolutely essen tial that the closest management be given hla affairs. He said that he would ask no favors other than to be allowed to aee the superintendents of his ranches in order to give the proper directions for the handling of the grow lng crops. United States Attorney William C Bristol stated that the government had no knowledge of the allegations made in Biggs' petition and left the matter in the hands of the court Kay Change the Order. Judge Wolrerton reviewed the case and said the facts did not possess suf ficient merits to allow him to make the order sending Biggs to Crook county. He said that if events arose which would effect Biggs' condition suffi ciently he would charge the order. - VT. van uesner.. wno was conviciea in the same case -With Biggs and Con gressman Williamson, has hot yet. ar rived at the county Jail to begin his sentence of five months. Oesner is in Portland but so far has not been, taken In custody by the United States mar- - Gesner has fine of J 1.000 to pay "in addition to hla Jail term. Biggs has a fine of. 1 500 hanging over him, .the pay ment oi woicn. ne paia m coumioaay, depended, largely upon tho outcome ox tho crops, on hia farms this' year, Passing beyond the control of its crew car No. 910, a huge construction car of the Portland Railway, Light & Power company, started on Ford street. Portland Heights, this morning and after a wild runaway trip Jumped the track at Fifteenth and Washington streets, where its load of lumber was scattered about the street. The car caught fire on its wild trip and both the conductor and motorman were badly burned. Their injuries, how ever, are not considered serious, though both Jumped from the runaway car and sustained bruises. The crew stayed with the car until It had descended the steep hill from Portland Heights and started down Washington street Motorman H. E. Crawford Jumped as the car passed Twenty-third street, but escaped ser ious injury. JTo Car on the Traok. The runaway is the first that has occurred on the steep Portland Heights run. The car ran from Ford street down the grade to Washington street, then down to Fifteenth. Although It was on lha ud tracks and on Its run away flight followed the tracks used by outgoing cars there was no collision. The Washington street tracks are used by three lines, and how it happened that no car was on the tracks at the time and a collision averted is a mystery. The runaway is said to nave resulted from the failure of the magnetic brake to work. As the car was passing along Ford street there was occasion to use the brake and the motorman discovered t was out of order. He tried vainly to bring the huge car to a stop but failed. It sued wildly down the mil wltn both the motorman and conductor using every means in tneir nower to stoo it As it rounded the curve Into Washing ton street the car struck a horse at tached to a delivery wagon of Ben Sell ing. The driver saw the approaching car and was able to almost avoid tne collision. Consequently neither the horse nor wagon was seriously dara- agea. Flames Spread on Car. The fire which started from the wir ing of the car grew as It sped down the tracks until the flames almost over- spread the car. The motorman and Con ductor Crawford were burned In their efforts to stop the car. Mr. Crawford was severely burned on the face and shoulders and his hair was badly burned. As the car started to round the curve at Fifteenth street it was hurled from the track by the momentum it had rained. It was lifted clear of the tracks and thrown on Its side 80 or more feet away. The load of lumber which it carried was scattered' about the street Crawford lives at No. 10 East Thirty- fourth street He was removed to his home and a physician summoned. Iti is said his Injuries will not prove se rious. At noon the dispatcher of the Portland Railway, Light A Power com pany stated that he had received no re port of the accident A runaway on tne Heia-hts Una la said to be impossible on a passenger car. in constructing the road provision is said to have been made maklnv th runaway of a passenger car a physical impossibility. EXPLOSION DUE TO, GAS SAYS BRADLEY MUCH STILL BOI STORY DISCREDITED Affidavits Bead in Court to Show Destruction of Min ing Magnate's Home Was Not Due to Orchard Hay wood and Mover to Testify By John Nevlns. Boise, Ida., July (. When court con vened today Judge Wood announced that he desired both state and defense to make effort during the remainder of the trial to expedite matters. He said that he had no desire to bo exacting. but must insist that no further time be wasted. Both sides promised to hurry final presentation. The first business today was the reading of the affidavits taken in San Francisco upon the explosion of the Bradley house. Attorney Darrow read slowly, to Impress upon the Jury the general opinion of witnesses that the destruction of the house was an acci dent due to gaa With the arrival here of Sheriff Ru- tan, of San Miguel oountv Colorado, the rumor is revised that Steve Aria ma will be taken back to Tellurlde for trial for the murder of Arthur Collins, manager of the Smuggler mine, who and killed wbiie sitting in Bevitfw of Case Shows ThaU Much of State's Evidence Is Inference and as YotlI Cannot Hang aJIan on In-. -ference, You Can Guess. S was shot his home. Adams confessed to the crime snd sfterwards repudiated the confession. Rutan says he would like to have Adams but does not know whether the Idaho authorities will sur render him. Koyev Is Cheerful. Moyer and Haywood are nleaanrl at the prospect of taking the stand late today or tomorrow. The reports that Moyer is on the verse of a nervous breakdown are hardly borne out by hla appearance. He seems cheerful and appy, connaent mat a verdict of ac ulttal will be rendered and that he wiu go tree witnout trial. SWINDLERS TAP BIG POOL BOOMS Gang of Sharpers Clean Uj) Quarter of a MilHon by False Quotations. (Joeroal Special Berrtee.) Washington, D. C. July 8. A story came today to Washington from Balti more that on June IT, a clique of sharpers got the best of the pool rooms of most of the big cities of the country, Including San Francisco, to the extent or tzso.ooo, by managing to flash to those betting places that orders on Escuticheon in the third race of that day at Kenllworth park, Buffalo, were 40 to 1. When these false orders were posted, men in the scheme put- down bets of 130 to tlOO at a time on Es cuticheon. and wagered so much that orders closed at 5 to 1. Opening or ders at the track were to 1. Escutich eon won and the sharpers made a big killing. . Telegraphic deacrlption of the race showed that Escuticheon was auch an easy winner that a Baltimore pool room became Inquisitive about the original orders, and they saved their money. Bets everywhere else were paid, it is said. (By Hugh O'Neill, Special Commissioned - or tne Denver post and Oregon Jour naL) Boise, Idaho, July t. It is Sunday tat beautiful Boise. Such a day aa it was when the corporal's guard of newspaper. men left the Pullman sleeper and loped, ' out into the sunshine, to look for The '- hotel and marvel that the town. Instead of being rampant- with bloodthirsty ' gun men" was clothed tn the peaceful silence of a nun. Eight weeks, or nine weeks, or te weeks, we have been here I am not sure, for I lack the marvelous memory; 4 1 for dates and times and places extend-, ing over years that Orchard anil tha ' ' witnesses for the defense hnve displayed) but however long it may hare- been. -It seems an eternity. And now that the defense has almost completed its testi mony, we are sorting out our lropree-. sions and guessing cautiously at what the Jury will do with the caae, Tou remember that in the beginning; the prosecution staged a tragedy; tho , killing of Frank Steunenberg. It was) i . done with a sort of vivid and implacable- brevity. There were no words wasted. There waa no evidence that did not seem ' at least to be serious and cogent Conspiracy Outlined. '' Big Jim Hawley, In his apparently ; honest and crude way, had told the Jury; '' , that the charge aralnat William TV . Haywood was, in effect, that of con spiring to have one Orchard assassinate Frank Steunenberg. He said that the) death of Steunenberg waa only the re--' suit of a general' scheme of terrorism and retaliation conducted by the "Inner circle" of the Western Federation of Miners against all men who bad r" thwarted or fought the federation. He aald specifically that the explosion, in the Vindicator mine and the killlnoj there of two men, the blowing up of In- ' dependence depot and the killing there of 14 men; the murder of Lyte Gregory! the attempted murder of Bradley In Ban Francisco and finally the lacerated and ' the shattered and dismembered body of ' . poor 8teunenberg were all done by thlsJ Orchard, and that the said Haywood suggested or connived at - all - these) Crimea '... The prosecution limited Itself vorw : " concisely to evidence that It held sup- " ported and proved these charges. There) was direct evidence that hammered out c the case for the state, link by link- ' There was a great deal of clrcumstan ttal. evidence, and there .was Orchard. ' It was. of course, the -everwhalmina v. failure of Richardson in cross-eiamina- V' tion that made the testimony nt nmhmrA credible and almost profoundly Impres- ' f,vei. Ali!L whn ,n th Hawley said briefly, "The people rest," you felt that , you had listened to n tale of inhuman horror. : : ..... . Disappointment of Barrow. - Then came the onenlna- -atat.m.n tha defensa an1 tlu vii.,nn.i.i..i.S , D.70Ww . Th defne would prova, h said, that there was a conspiracy on the part of tha mlneowners fn all th states where the federation Operated to crush the. federation. If you. have foi- lowed the case you can judga for your- self whether such a conspiracy or any thing remotely approaching; such a con-. spiracy has been proved. . The defense, said Darrow. would also prove that Orchard. In addition toletns a liar tn general, had lied, specifically In several things,; and that would . prove it. Hs would provo that the sx. plosion In the-Vindicator mine was an " accident That Orchard did not blow ' ' up the Independence depot and that if ' (Continued on Page Two.) HOP CROP VERY BACKWARD; HEAVY YIELD IN PROSPECT By Ryman H. Cohen. The hop crop' In Oregon and Washing ton, like that of the rest of the world, is very backward, from two weeks to a month behind the. usual season, due to cUmatid conditions. A heavy yield is in prospeot though not equal to last year" a, and an overproduction Is In sight. Many Oregon hopflelds are already showing signs of neglect, though the vinea ere Juat beginning to run. Honey dew is stated to have made its aoDear- ance in places. this year it is not so muon a question how manv baloa of boss will be c re duced. It is how many will be picked. Yield wm B XCeavy. There promises to be- a yield of more bops this year tn every section than can possibly be consumed in one sa- l Sfhethej- jht ..amoun elclud.wlU , Probable Heavy .Ctop Price tarish Honey Dewing Not WeU CultivatedEnough l&liiVr 7 be heavier la a question that only time lng h It is almost two months to bop pick' urae id mis aula Thu. n op have appeared on tho"v"ines"so the extent or tne crop can be but vaguely guessed nt, .- - .r . ' a . . -.tht w A;,'or"-Bttevine-Champoet districts the Vines are beginning to get their arms. Some of them are already quite long, whll mot ere Just -pr,ar-ing.. The oror St i--se t -.ner s.. Uons is from two wet t i a tii..nth l'i-, '-Jfwia. jbresefct :1 s,n !.... as. If the ercp hagmlreadr had a sufi amount of rain. There i but Uin, tlvo cultivation in'tUe dmtrt.-t. l - i there a few yards show-in being scratched nvr Th-t- vation is shown tn but a f. w ? This condition tan i tun. when It is hon I. ft rrowere Intarvi-1 doen iil a ny r -yarita 1. k.-1 t t p v;. f I ' -.V. -4- T - "-: -i - iot .i' s--.y---K'i T a, V : . v -.