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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (July 27, 1907)
ferf. ir A RE YOU GOING AWAY? Have Journal Circulation , The Journal follow you to give you all the news From home. Ycslcraa Was The Weather Fair tonight and tomorrow; westerly winds. price two: cents. ffiS5?J53 PORTLAND, OREGON, SATURDAY EVENING, JULY 27, 1907. TWO SECTIONS 18 PAGES VOL. VI. NO. 123. COURT FAVORS LAV OF IDAHO IN HIS ADDRESS TO JURY Instructions Given by Judge Wood Ap parently Favor Defense, But in Real ity Conform Strictly to Statutes of State Where Trial Is Held Predic tions of Outcome Are Impossible OFFICIALS OF THE WESTEEN FEDERATION OF MINERS By John Nevlns. Boite. Ida.. July 17. Locked by them selves in a Bluffy little room 18 feet lone by 12 feet wide, It's only furniture being 11 hard-bottomed chairs and a plain deal table, 11 fanners of Ada county at thta moment are deliberating over the verdict which will restore to active life William Haywood, head of the Western Federation of Miners, or condemn him to the gallows or a felon a celL Overhead the sun streams down on the tin roof making the temperature within well nlrh unbearable but ear nest voices which now and again rut from the open window indicate that the task of the men Is of such magnitude thai all physical discomfiture la lost Sight or. iown on me lawn below back the crowd of curious people who congregate ana strive to ret close to the hulldlng and if armed duputles keep possible the secrets of that tiirv room. It was four minutes past 11 wnen penetrate hell bole of a Jury royn. Judge Wood completed reading his in structions. A minute later 12 men PfJ through tne door out of the room whicn has been the scene of their activities ever since May 9. when the clerk for the first time called: William V. Haywood to the bar. Haywood, showing for the flriit time the extreme physical strain he has been under, his face drawn and haggard, bin determined lips set. molstureics, but utterly defiant, gazed steadfastly Into the face of each Juror as they filed past him In a hopeless endeavor to pen etrate the mask and learn if possible how they felt , . . Everybody connected with the trial is exhausted. The heat has been unbear able for the past six weeks, and It has seemed time and again that someone must give way under the strain, but the II old men their average age Is 66 seemed even more chipper than usual as they retired, carrying with them a complete copy of the Judge's charge. Blnce the Jury has been out nothing has been heard from them, and it would be folly to try to forecast what they will do. Under their Instructions they can convict for first or second degree mtirOr. manslaughter, or acquit. The oratorial efforts of the attorneys for both the state and defense In the Haywood trial were set at naught today by Judge Wood, who as presiding Judge had the last say. His clear exemplifica tion reduced to dry facts the real ker nel of this famous murder case. Hay wood, the court plainly stated. Is n trial only for the murder of Frank Steunenberg. Qn the surface the instructions would seem to favor the defense, but the real fact is, they favor the law of Idaho. The Instruction are probably the most voluminous In the criminal annals of this country. Humming up in 15,000 words. Judge Wood Insisted that 'he Jury must convict If at all. after all reasonable doubt had been removed, atld he very carefully analysed what a rea sonable doubt Is, according to the law. Borden on Prosecution. .. "If It is possible for you to reconcile the facts In this case upon any reason able theory consistent with the Inno cence of Haywood, it Is your duty to so And not guilty. The burden Is on the prosecution to prove that a conspir acy was formed and that in the execu tion of the same one of the parties killed Frank Steunenberg. The burden la upon the prosecution throughout and never shifts to the defendant. There fore, if the prosecution failed in each and every one of these facts you should acquit You are further Instructed that such a combination of conspiracy can not be established by the uncorrobor ated testimony of an accomplice." Plunging Into Orchard's evidence, the Judge went to great pains to show that it must be carefully weighed. Herald: 'The Jury is Instructed that Orchard claims he Is an accomplice in the com mission of the offense charged In the Indictments. Under the statute this person cannot be convicted of a crime upon the testimony of an accomplice unless such accomplice Is corroborated h other evidence which of Itself, with out the aid of the testimony of the ac complice, tends to connect the defend ant with the commission of the offense charged, and corroboration Is not suffi cient if it merely shows the commission of an offense and the circumstances thereof. The law views with distrust the testimony of an accomplice on account of the motive he may have for laying the responsibility or his crime on an ' " ON THE RIGHT IS C. A. PETTIBONE, IN THE CENTER IS CHARLES - I fS H. MOYER AND ON THE LEFT IS WILLIAM D. HAYWOOD. F,V 1 &3S5ji ; j IF TUCKER SCANDAL RAILROAD CONTEST TO CONTROL NEVADA TRADE narriman and Gould Interests Desire Key to Situation Between Portland and Reno Engineers for Both In terests in Field Surveyors Active. nthnY when, bv so doing, he may Immunity for his own participation Orchard's Evidence. "it vau believe from the evidence i Orchard was Induced or influenced to -testify Dy any sucn promise, ms turtlmanT should be received by the jury with caution- and scrutinixed with great care. Unless there is some evi dence Other than the evidence of Or- (Continued on Page Two.) ' ' SPECIAL AGENT FOE GLASS MP i.rAfrAS :, ft i. w It la believed the long-looked far con test Is on between Harrlman and Oould for railroad control In territory between Reno, Nevada, and Portland. Engineers for both Western Pacific, Southern Pa cific and Oregon Short Line are In the field between Reno and Fort Bldwell. the latter point being In the extreme northeast corner of California, a few miles southeast of Lakevlew, Oregon. That the Southern Pacific does not Intend to allow Gould's Western Pacific to tap undisturbed the territory where the state lines of Nevada, Oregon and California meet is evidenced bv the ac- secure tlvlty of Southern Pacific surveyors wno nave oeen senc norm irom iteno and are running lines in the region of Pyramid lake reservation. A dispatch from Reno today to The Journal said: XfOcatinff Jfw Xoad. "Ex-State Engineer Harry Thurtell has returned from a trip to the divid ing lines of Washoe and Humboldt counties, and says that while there he encountered a party or tsoutnern pa cific engineers surveying a line from Ashland, Oregon, to Reno. The engi neers admitted they are locating a new road for the Southern Pacific, running through a low pass at the northeastern oorner of California and coming down through Buffalo Meadows, andl along Virginia range direct to this city. The new route taps a rich lumber field, a portion of which has been puVchased by the Western Paolfio In the Sierras east of Orovllle. It will also give a direct line from here to Portland, and makes another link in the Gulf-Seattle road that Harrlman Is believed to have planned." From Reno to Portland Is the route that an Oregon Short L.lne engineering party has been working on for the last eight weeks, and this party Is at the present time in the vicinity of Fort Hid well. It is said the Short Line and Southern Pacific crews are working In conjunction to find the best outlet to the southwest for the railroad that Har rlman Is now building toward Klamath Falls. The road has a California con nection at Weed, with the Southern Pa cific, and a similar outlet at Reno or some point further east on the Union Pacific would give the Union Pacific system a sweeping hit at a very large and rich area of Western Pacific ter ritory in Nevada northern California and southern Oregon. Making Second Surrey. The Short Line surveying crew that has been, running the Fort Bldwell Reno line has completed one and Is now engaged upon a second route. The sur veyors are quoted as having said tht haste was being exercised because of the necessity for beginning construction at once. It is regarded as within the possi bilities that the Oould people, who are credited with ownership of the Cali fornia, Nevada & Oregon narrow gauge road from Re.no to Madelaine, have completed arrangements or building their surveyed extension from . Made laine to Lakevlew, and possibly Into Klamath territory. In this event the activity of Harrlman surveyors in the region of Fort Bldwell would be natural. SEUATOR PETTUS NEAR TO DEATH Aged Alabama Statesman Is Not Expected to Recover Consciousness. (Journal Special Berrlc.) Hot Springs, N. C. July 27. United States Senator Pettus of Alabama Is dying. He fell un conscious yesterday at the break- mm to close Army Officer Not Likely to Face Charges of Improper Conduct. (Journal Speelil Service.) Washington, July 27. There is Mttle likelihood, according to statements of officials of the war department that any action will be taken In connection with the charges preferred against Col onel William F. Tucker of the pay de- fast table and has not revived partment of the United States army and yet. Physicians have pronouncea his case hopeless. RAILROAD PRESIDENT ARRESTED BY STATE (Journal Special Service.) Asheville, July 27. President Flnley of the Southern railroad was arrested today upon a warrant Issued by the state authorities In the rate war mud dle. He was released on habeas cor pus by Judge Prltchard, whose actions have caused the strained relations be tween the federal and state authorities. A warrant was also Issued for Ticket Agent Wilson of the same road. (Journal Special Berrtce.t Washington, July 27. Attorney San ford arrived here this morning to con fr with the officials of the department of Justice. It is declared here that t he- action of Judge Lyon In causing the Indictment and arrest of officials of the Southern railroad puts the issue square ly up to Federal Judge Prltchard. ARMENIAN ASSASSINS FOUND IN NEW YORK (Journal Special Service.) New York, July 27. "We know men who are at the head' of the local depart ment of the Hunchaklst societies In tiita city and who were behind the plot that resulted In the assassination of Tav shanjian, the millionaire rug maker. There is no danger of them getting away. We can get them at any time," was the statement of the district at torney's office, where the Armenian plota are being investigated. JUMPS FROM BOAT " T0 SATE COMPANION (8peclal Dispatch to Tbe Journal.) Seattle, July 27. While canoeing n Lake Washington In company with Effle Matsger last night Clinton Shoever, a bookkeeper of the Puget Sound National bank, went overboard nd drowned. The ;rlrl says the boat took In water and he umped overboard to prevent Its capsta ns;. The pollca think It la a case of aulolde. EASTERN TROUBLES INVOLVE PROVINCES (Joarnal Special Service.) Toklo, July 17. Seoul is quiet, but the disturbances are spreading to the pro vinces. Two more regiments have been ordered Koreawards. Hayashl re turns tomorrow. DOWIE'S RIGHT-HAND GETS PINCHED FOR MISUSE OF MAILS (Journal Special Serrlce.) Chicago. July 27. Alleged misuse of the United States malls by Wilbur Glenn Voliva for the distribution of offensive vituperation of enemies In Zlon City has precipitated an Investi gation by the postal authorities, and arrest threatens the deposed wearer of the mantle of John Al exander Dowie. Investigation was begun when complaint was made to Postof flce Inspector 8tuart that Vollva and his aids were usrg the malls to circulate a pamphlet as salllug Rev. Charles F. Parham and his associates in the war for control of Zlon. Parham, In a document Issued by Vollva, is re ferred to as a "depraved vul ture,'" who came to Zion a year ago, "looking for prey." Moral accusations made against the evangelist, who waa recently arrested in San Antonio. Texas, are discussed In Vollva's circu lar. The letter la addressed to "Men. Women, Youths and Mald r ens of Zlon." Atrocious conduct la alleged against "Blngley, the i f self-confessed kisser." . Edmund Winston Pettus was elected to the United States senate the first time In 1887 and waa reelected at the last election of the state legislature of Alabama. He was born in limestone county, Alabama. July , 1821, and com pleted his education In Clinton college. Tennessee. He waa admitted to the bar in 1842, served as lieutenant In the Mexican war and later went to California with a party on horseback. Returning from the west in 1851 he was elected Judge of the seventh district. He resigned his office in 1868 and moved to Selma to continue his law practice. During the Confederate war he was a brigadier general and served with distinction dur ing the five years of the rebellion. Senate, JPettus was married in 1844 to MarjTB Chapman. ACTIVE VOLCANOES FOUND IN ALASKA (Joarnal Speclnl Service.) Valder. Alaska, July 27. Mounts Blackburn and Logan are active vol canoes; according to reports of natives and prospectors, who are fleeing from that vicinity. There has been a strange rumbling for several daya and smoke and steam are now Issuing- from their peaks. LARGEST VESSEL IN WORLD IS LAUNCHED (Joornal Special Service.) Portsmouth, England, July 27. The battleship Bellerophon, bigger than the Dreaanaugni ana tne largest ana most powerful ship In the world, was launched today. Princess Henry of Kettenberr christened the ah I p. which is 18,600 ton against the Dreadnaught's 17.S0O. ST0NEY CLARK IS DEAD-AT SEATTLE (Special Dispatch, to Tbe Joarnal.) Seattle Julv 27. Th bodv of T. P. (Stoney) Clark, bookmaker and turf man, was found early this morning In the middle of tha street In the southern part or the city; There Is no- apparent cause of death. Re arrived here re cently from Butte. MAN IS KILLED IN 'SEATTLE AtJTO WRECK his wife, who Is a daughter of the late General John A. LiOgan. When the formal complaint 6f unbe coming conduct lodged by Mrs. Tucker reached Secretary Taft he turned the matter over to the Inspector-general's department, with instructions to make an investigation. The charges insinu- (Continued on Page Two.) JURY POLLS 9 TO 3 FOR Glass Jurors Hold Stormy Ail-Night Session, but Fail in Arriving at Verdict Court Is Asked to Gi?e Further Instructions. Consideration of the Bribery Case Evidence Hard Nutto Crack Judge Lawlor Re reads Testimony of Several Important Witnesses. (Joarnal Special Serrlc) San Francisco, July 27. With erery Indication that they will not be able to arrive at a verdict, the Jury In the case of Louis Glass, appeared In court at 9:80 o'clock this morning and requested Judge Lawlor to give them further In structions and have the testimony of Homer King. Evan PUlsbury, Fred Ea ton, A. J. Steiss and Henry T. Scott re read. The Jury also asked tha court to In form It when E. J. ZImmer, who Is In the county Jail serving a five days' sen tence for refusing to testify, was elected vice-president of the Pacific Telephone company. The court ordered the ques tion held In abeyance until other mat tern were disposed of. The re-reading of the testimony then began. The Jury held a stormy all -night ses sion and when dawn came waa, as far from a verdict as when they retired. It is reported tha Jury stood 9 to 1 for acquittal. Heney Closes for State. Assistant District Attorney Heney closed his argument for the state at 4:30 o'clock, having addressed the Jury a little more than two hours. Judga Lawlor then Instructed the Jury, which retired to deliberate upon a verdict. Mr. Heney lost no time in summing; up the evidence which had been pro duced and plunged at once Into the heart of his argument. He said on man and one man only had the power to authorise and look after the S&Moa which had been expended for bribery, and that man was Louis Glass. The prosecutor argued that the 85, 000 used to bribe Boxton could not have been secured from the treasury unless Glass had signed the check to . withdraw It. The money was for thetf purpose of excluding a competitor from the field and the man in closest touch) with the Pacific company's affairs waa the one who knew of and supervised the distribution of the bribery fund.. Continuing, he said: Blames Haa Klgneat Up. "In a big company of this kind, who would look after matters so important as those relating to opposition telephone) ' (Continued on Page Two.) (Special Dtapatra to The Joarnal.) Seattle. Jul .17. C M. Long killed and four women, and an unknown man slightly injured' at South-Seattle laat night in a collision between ah auto ana m pug-gjf ACCUSED TELEPHONE OFFICIAL v 4-' - V i TICn-PRESIDrNT LOTJI3 CU'I