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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View This Issue
t::o-Sunday journal i ! j rnTn ' If' C ( jSXJNjTT ' 0 M Fl R M 2 fc Jovrnal Circulation
I Tht WeatherFair today; north- V V , ' AVS?- Tv' ...!.-. V - ! AQli eU.J'
VOL. IV. NO. 20
. - : PORTLAND, OREGON, ; SUNDAY MORNING, ..JULY. ; 28, ; 1907V
PRICE FIVE CENTS.
. ; !
mm DISCUSSIOW' : 1 v ; RATE Willi
FAILS TO BREAK
Generally Believed Disagreement Will
K Be Reported ; When Jury Appears Be
fore Judge Wood This Morning;
Court Holds Himself in Readiness to
: Hear Result at Any. TimeTrr "r
(Hwnt Nwa by LsnfMt Lmm4 Wb.l """Jurortr 'eamto- thirtedowaii- teetf
BolM. Idaho. July !. At 1
'clock tma moraine tha Jury - ampao
alad to try Wmiam Haywood for tha
murdar of Oovarnor fitaunanberr bad
not yet arrived at a vardlot. On . all
handa it la agraad that when court con
renea this mornlnK tha U fijen will ra-
port a, dlaacraemani. l
. At :40 laar nlht Jada Wood, harln
waltad patiently since 11 o'clock yes
terday nvornlnc when tha Jurora bagaa
their deliberations, ordered tha 'court
room cleared and closed for tha night.
He announced that ha would o to his
home but would hold Jilmself In readi
ness to convene court at any hour of tha
night In case word waa received from
the Jury room." " t
The adjournment Waa taken until I
o'clock this morning. At the hour when
the church-aolna people of Boise are at
tending; worship the Jury la expected to
file Into the courtroom and perhapa an
nounce the rierlalfln that will mean
either deatirwimeTtf td'tlta accused
. TJnda Taaae artraia.
The 14 hours that hav passed alnoe
tha case was given-to the Jurors have
been hours of the tensest strain, not
only for tha acouaed man and his
Irlenas. out 10 ine court anacnes ana
the crowds that have lingered continu
ously about the courtroom. -
The day naa Been intensely warm and
the weary waiters suffered Intolerably
but still cluns; with bulldog tenacity
to sweltering nooks and crannies In tha
noon arter me jurors naa niea out
Juror Robertson, aged It years, ool-
lapsed. For a moment It was feared a
mistrial would Immediately - follow.
However, the Juror waa resuscitated and
? 'luckily announced that ha would eon
inue at his post until an agreement of
some kind waa reaohed. Judge Wood's
easy chair . waa. wheeled Into tha Jury
room and a later report thla morning
aald Robertson a condition had im
wnie aMUioaa winaow.
Boon after they retired iurora were
aeea -to place ballots against tha win
dow pane af their room and write there
on their decisions'. Tha writing on tha
panes waa done In "full view of tha peo-
is wno mrongea im lawn or ine oourt
ouse, anxious to know tha retlr to
the question of guilty or not guilty.
sievea 10 live lor acquittal, aaia ru
mor. . .
Humor had little chance to know tha
truth., But upon this one ballot, with
this surmised result, hung all of tha
definite, or alleged definite. Informa
tion that cam to tha waltlns world.
t ariv tnis momma- the lurvmen were!
im at war. - oiruggung inrougn toe
Intense heat they still faced a situation
mai gave no promise or settlement.
ror Robertaon collapsed during tha
a i m vw m niaagreemenv ... aaia
Oalaaljp ffmoklnf .
TTnTha meantime' the IlshtsflIeVered
la tha little corner room. Borne of tha
Men .Thoroughly Pamiliar With government Begula
t tions Declare Columbia Would Be Afloat Today Had:
; s ? t Article 16, "Pilot Eules, Been Observed:
. Some indignation has bean excited by
a puDiisnsa assertion inai ine unueo
States government pilot rules and reg
ulations are chiefly responsible for the
sinking of the steamship Columbia and
tha attendant loaa of Ufa Tha charge
waa made by an . official of a river
steamer company and was published in
a local paper. " ...
Perfect Bale Pramed.
Men thoroughly familiar , with the
pilot rules and regulations declare that
thev are the moat perfect that can be
ram and they call attention to one
provision which appears to have been
totally ignored by both ' the Columbia
end tha Ann Pedro, and which, If It had
been observed, would have rendered lm
possible the terrible tragedy which oc
curred. This provision la contained In
Article II of the pilot rules and la aa
Every veasei snail.
falling snow, or heavy rainstorms, go st
erate speed, having careful regard
to th Existing circumstances snd con-
dlfl ' T A steam veseel hearlr
ntly forwara 01 ner oeam, i
ml of a vessel the position of
.nal of a vessel the position 01
is not asrenaineu, piian. ivu inr aa iu
not ascertained, shall, so far
circumstances 01 mo case aumit, nop
ha enalnea. ami men
caution until danger or coi
r"" Whlstlaa Ware Blowa. (
ail the evidence shows that both
sels blew their whistles several times
before sluhitng one another, and It
jreoid appear Uni aaea ef iae wo eonir
Idly smoking and, looking Into space.
..im we air vl men wno naa ntat np
their minds as to the verdict and ware
waiting for 'tha other jurora, still de
bating - among themselves to come to
their own way of thinking.
Tha determined attitude of the men
who came to tha windows and looked
bui upon ine neei-swept town gave In
dication that tha final decision of the
merits of this case will not be settled
by thla Jury.' '
While the Jurora furnished the center
ui unwuon, a , woman, wnoae fine,
noble' face gave evidences of Intense
strain; had been carried to a hospital,
prostrated by the heat and ezcltemenc
Bhe was given opiatea and her hysteri
cal ravings were Indeed pitiful. -
- ' Kotae ef rrlaoaar. , ' , ,
J """fa' waa Mra, Carnithera,
mother of the prisoner. -
All afternoon aha haf hm '
a family group aeated on tha oeurtheuse
awn, wnere tne group might watch tha
i " ?. 17 wim ine lire
of William IX Haywood. A shade tree
gave them soma alight protection from
the raye of tha sun. - ,
During tha afternoon the Jury asked
for several of the court exhiblta.
The exhiblta which
tha Jury asked
ror were tne.taiearram rv
of January!, slrned -31. which s.Md
Attorney Fred Miller would 1 start for
Caldwell to defend Orchard, .also Mae
copy of the unsigned letter Orchard
ff ! ,rca,T,l from Pettlbone, whlA
list, the cipher telegram from Slmn
klna to Haywood Baying ha could njt
get a lawyer to defend Orchard, aud
the drafts sent by Haywood to Slmp
klne. one of which waa dated December
II. and, waa for-1 140. - ,.
, - Please Defaaae, '-r
These are the only erldenoea which
tend to connect Haywood with Orchard
and are the link upon which the state
depends. Taken in connection with the
charge of the enurt, this fact waa pleas
ing to the defense. The court urged
the Jurymen to be careful of their proof.
They were Instructed to see that no
extraneoua matter be mlataken for legal
proof. They were told that the proof
waa to be direct -and to the point and
that the testimony of the eocomplkte
must be supported before It eonid K.
accepted. Therefore the exhibit demand
becomes weighty. It ahowa tha trend
of the Jury thought From the consid
eration of these facta and from tha
cnarge or tae court,' the accused man
tames nop., ... ..
Man of Iron Awaita Verdict of Jurora
. With Chanctertotle Calm. ;
ratusaers' Fress by pedal Uassd Wire.)
Boise. July IT-Man of-. Iron that be
la. Haywood walta the verdict which
may aend him ta tha gallows, set him
(Continued on Page Two.)
mandlng officers must have known that
the vessel approaching waa In front of
him; or to use the language of the ar
ticle quoted. It must have been apparent
on board ,the Columbia that the Ban
Pedro waa forward of the.Columbla'a
"V and the same thing waa appsrent
on the Han Perirn . V. 1 1 ku
Under these conditions it was the ln
u 01 wen veasei to stop her
engines. If this had been done, they
might have drifted together but neither
could have received - mortal wound. It
was because the Injunction contslned In
oIi cU i1 7"" 'a-nored. that the Ban
.!?? P,owd her way through the Co
lumbia s side and sent her to the bot
tomr.w.ltnn?.rly 100 f those on board,
oi Li" J?,I1 to. blame he pilot rules
i?r th. 0lRater," said a gentleman of
this city who has had many years of
sxperiance in maritime affairs. 'These
rules are the most perfect n the world
and are the fruit of tha most careful
atudy, experience- and skill. When
those two vessels were approaching In
the fog. It was their duty to slacken
fr?d.nd .y1 " oon aa either found
that tha other waa In front of her, the
engines should have been stopped.' If
you entered an absolutely dark room,
and then realised that there was an
other person In the room, moving about,
you would not rush forward at full
speed but you would move very slowly
and then If he seemed to "be coming
nearer you would, come to a full atom
This Is precisely the principle of the
pilot rules. If 'Article 1 had he-n
observed by the masters of these two
veasela the Columbia would be afloat
today, and not one of her passengers
or, are would have been loeU"
':""."' - v. . v - ' - '".:.,:.'...' 1 J- . .'
-" ' '
... . ,, ,, . . V ...... ... , ,t
4 - f
WILLIAM ; IX
FATE OF LOUIS GLASS
STILL IN iJURY'S HANDS
After Deliberating Thirty Hours Without Coming to an
Agreement Jurors Are Locked Up 3Tay File Sealed
. . : Verdict With
flfleantjtews by Leagest teesed Wtra.)
San jTraaciaco. July r 17, AfterV de
liberating for 10 hours the Jury la the
ease of Louis Glass, charged with brib
ing aupervlsors In the interest ef the
Pacific States Telephone company, at
11:10 o'clock- was ordered locked up by
Judge William P. Lawlor, who la trying
tbe case. '
At the time .of going to press the
newa from the Jury room waa to the
effect that an agreement One . way or
the other waa Impossible. Aa tomorrow
la Sunday, a legal holiday,- It will be
Impossible for the Jury to report Its
verdict in open court. However, a sealed
verdict may be reached and filed with
out violating the law affecting the
transaction of leiral affairs on Sunday.
- Thla mnrnlnv th. in,.
Judge lawlor that It wanted to hear
the testimony of a number of tha most
Important witnesses, especially the tes
timony of the bankers snd of Secretary
Fred Eaton, of tha telenhnna
read. f "
A number of -the Jnrore requested
that Judge Lawlor Myeat hla personal
... ... i ....
HATWOOD. , SECRETARY-TREASURER 01 THE WE8TERN FEDERATION OF, MINERS
Court Today. '
charge te the Jury, as they were a bft
hasy regarding the. technicalities bear
In f upon an Interpretation of the direct
evidence and tbe evldence'that might
be deducted by Inference.
Aa aoon as the Jury retired after
hearing the testimony desired and after
Judge Lawlor had repeated hia charge
at o'clock the courtroom waa filled
with rumors aa to how tha Jury atood.
The first story waa to the effect that
It waa U for conviction and fine for
acquittal. ( Thla atory waa floated by
the prosecution which. In a mysterious
manner, hinted that one member of the
Jury had been "fixed."- but who thil
mysterious individual waa none would
The defense, eir the other hand, de
clared that the Jury stood nine for ac
quittal and three for conviction. This
atory had hardly been well in circula
tion when the prosecution stated that
the Jury atood nlna for conviction and
three for acquittal. At t o'clock the
prosecution changed Ita figure and said
It was seven for conviction and rive
for acquittal, while tbe defense atood
by Its original figures and repeated that
Continued en Page Twelve.
Twenty Auto Cars Compete in Endurance Bun to Salem,
V:' : Nine Making Perfect Scores ' Keats '"'.'X- "t
ef Maea. , .
d' ' Journal sweepstakes Pope-
e Hartford ear, owned by W. . A.
e Keats, driven by W. A. OUL
d Class A Pope-Hartford ear,
4 owned by W. A. Keats, ditrea by
e .W. A. OUL ' ..''. v.
s - Class . B Cadlllao ear, owned
dk and driven by H. kf. Covey.
4 . Class C Reo ear, owned by T. '
a ' AJ Bennett, driven by Joe Per- '
e klna. , 1 - .
d - Class D. runabout Bulck ear. , e
d ' owned Dy Keata Ante eompaay. e
driven by H. M. Derfl ; e
4k Economy eTWRHddard-Day- ( e
4 ton, ownedKud driven by H. A. e
-' BurgesByV: v . xe
The Journal sweepftakes I ISO run for
the beetisltowlng In. the automobile en
durance teee ec iH milee Xroia Pore-
Gets Three Prizes, r ; - ' , 1
land to Salem and return, waa won yes
terday, by W. A. Gill, driving a !-(
horsepower Pope-Hartford ear, owned
by the H. L. Keats Automobile com
pany. . The same car and driver also
won the first prise in class A for tour
ing ears of tt.BOO value or over.
Twenty Can Composed. ' .'
Twenty ears were entered. The races
were not for speed, but a test of en
durance. Twenty-eight rules were en
forced, which Included . requirements
that tbe etart must be made from
Eighth and Everett streets at T a. m.j
cars to follow each other at Intervale of
four minutes; speed limited to to miles
an hour; engines not to stop except for
safety urder penalisation; each car to
start with a clean score of l.ouO points,
snd to be penalised points from 1 to 15
for various shortcomings; tire troubles
not to oount; all adjustments or In
juries to car to be penallxnd: one and
one half hour allowed In Snlem for
lunch and rest) other tlitna being equal
prise to go to car In enou rlnsa Using
the least aaaollne,,and other minor ne
esaary rules, s . 1
The first car to get away was the
Continued en fag Twelve
i TRUCE IS
Agreement Beached Between
North. Carolinans and the
. Southern --. Railway - Gives
. State Officials Great Vic
tory in Eight , :- y
Hostilities. Are Not Ended,
but Basis for Peaceful Set-
tlement of the Trouble Is
, Provided by the Action of
the Contestants. -
(PabUshers' Press ay Bpedal teased Wire.)
Raleigh. N. C, July IT. -The officials
of the North Carolina and of the South
ern railway have declared a truoe.
Their agreement does not mean that the
railroad rate fight la eodsdV--
; The contest la still to be fought ta the
courts. It does Imply, however, that
there will not be a physical clash, aa
seemed likely until a lata hour today.
. m BRrwmeni provides;
' Tha stats Is to appeal from United
States Judge Prltchard'a ordsr ob
structing the enforcement of the new
rate law ana to carry its ease to the
xeaerai supreme court.
The Southern railway is to appeal te
the supreme - court of North
in tbe wake count
case, which resulted
yesterday In a 130,000 fine against the
If the etate'a case is daeldnd
t the ratlr
ine rauroao me suit will be ear-
rled on a writ of error to the federal
com aiaes are to cooperate in narrng
the ease advanced, argued together anl
oth eidea are to cooperate in havtni
-. Zadlekments Dismissed.
" All Impending Indictments or pmse.
eutlons are Uj be dlamtssee and no fur
ther suits are to tie brjuxht by the
atate against railroad agjn'e or cffl
clal'a pending final settlement of) the
lltlgatHn. , v n
The railroad la to do its beat to pre- :
vent further arrests for ontemnt of
United 8tatea Judge Prltchard'i court
Judge Olenn la to advlae individual
against suing the railroad for penaltlea
nnder the new railroad law, and a 4
the peopla as a whole to' acquiesce la -the
terms of the agreement.
The 14 -cent rate becomes effective
in tbe atate not later than August a,
and la to remain In force unless an ad
verse decision Is rendered aa a result of
the pending litigation.
Ths railroad s suit pending ' before
United States Judge Prltchard la to be
diligently prosecuted, but the state is te '
waive no question of Jurisdiction. .
(Continued en Page Twelve) 1,
Takes Generous Slap at All
in Ohio Speech.-
(PseHsbers Press by Specl.l Leases Wlrf
Bellfontalna, O.. July 17 If a publie
man escaped a crack at Senator Fore
Iter's baada thla afternoon, it waa be.
cause the senator failed to see It. Roose
velt and his. -big stick" Taft and hla
presidential candidacy, Tillman and hla
race antlnathles. and Burton and his
senatorial aspirations received enpeclal
Senator Foraker refrained thue fur
from any direct reference to the tai
of Taft aa a preeldential possibility, lit
hla speech here tonight he made It clenr
that he not only proposes to fiBlit vix
orously for his own political life, but
Will do all In his nower tn tha T.n
falls of the presidential nomination.
laps aa Biff Stick.
The "big stick. ha aald "wnn'
with any. free born American, nor wi t
0fflceJob''Od t0 "U"r " WUh P01
Then he turned to Taft
ri'.."?'.? candidate for office" ha
id. T5Ut If I ehr.iil.1 V, T ....
get the lock law I "."'J'Wi
of floe to live Secretsry Tsft la report. "
J1'' ' not lonror than tbe day
?r. T"trd that i,e wi.ied tnrnf
revision, former Uovumnr ii.rrik ..1.1
he wanted It, too. I don t wonder
Tronic ressman Rtirfnn .. 14
want my place In the aennte, ) anotbr
who. wants revision. t would like it
Know where these men Who want 10 be
candidates are to begin to revise.
Tart Crete -Mis.
Thsy say Taft Is going to run f r
president. I understand h h cr.i e
lo Ohio to make frlemls at tuuiii" j.
1'hess aspirants fur office
positions on the nation's ru 1 .
before 1 vote them. I 111 h 1 .
be particular for whst 1 v--
Then the Senator turned I 1 1
arguing that the tmi 1
tewnth ameixlmente 10 t:
were mla nn 'en.rr 1
created by ae.'eUo.
and Vardxman Ho n-'t v
true sentiment An.n-w .
markel, and I 1 t 1
rwtirt'l n.iM-"kv r n f
pr-sl'l'rt ' " '
er ei "