The Oregon daily journal. (Portland, Or.) 1902-1972, January 06, 1908, Image 1

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The Oregon daily journal., January 06, 1908, Page 1, Image 1

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Newspaper Page TextHELP WANTED JOURNAL. CIRCULATION . The above headline over classified "want"; ads in The Journal attracts the attention J of the best workmen in every line. ; v; XfiV&Vi SUNDAY WAS ; The .Weathers-Occasional rala to ' .night and Tuesday southerly "Winds. ,1. VOLVI. ; NO. 2gfer.ryY ,! - V v. ., PORTLAND ' OREGON, vMONDAY; EVENING, JANUARY 6, 1908. FOURTEEN PAGES. PRICE . TWO x CENTS. o Ttitn am) xvws aiAXfis. .ma cmi 650 i i aasaw-- m m - aw m m i l " ri v-weaanfc-- vz a -aw- v . . v . . w- - , f i i ar mm i iJi1, r ., sr ,r V a .i - jitLiAlSOiliii FOUR BANK I IlCVtttU pliWr IKIAL UI I IUIHLU p IV'.- I IlliIU I ImU Federal Circuit Court of Oregon Erred in; Instructing Jury. AI, Cases Now ; Pending Affected By Ruling, Which Is of Great Importance Here. Eoss, , Burkhart, Aitchison and Hill .of Title Guaran tee Must Stand Trial- Four Separate Indict ments Against Each. Washington, Jan. 6. The supreme court : has reversed the decision of the federal court of Oregon in the Williamson land fraud case. The opinion was by White,-Harlan dissenting. The court remands the case for new trial, holding that,' Judge Hunt erred in instructing the jury that the contract to sell claims before final proofs was illegal. The defense had alleged that the law in that respect refers only to the entry before it is made, not to one . in process of being carried to .perfection. The decision is regarded as a body blow to the government in air the land fraud prosecutions, and is taken as a backing up ments. '. - . ; . ' v Charged With Larceny, Un lawfully. Receiving Money, Conversion of State Funds and Lending State Money &o Years Maximum. In the, light of the supreme . court's decision, Congressman Williamson's acquittal, when iijs case comes on again for'retnal seemsAlpioattjcerfattiu , The conviction and punishment of Dr. Jvan Gesner and Marion i R, Biggs, who ; were co-defend- .ants wun w unamson, seems, in the light of the decision, to have been unwarranted Dr. Gesner was but recently Released from the county jail of Multnomah county, after under- guin sentence m live mumiia imprisonment and paying a fine of $1,0D0, Marion R. Biggs is still in the same jail, under sen tehee of 10 months' imprisonment and $500 fine. . .. , 4' Sentenced by Hunt. - The conviction of Williamson, Biggs and Gesner occurred Sep tember 27, 1905, on their third trial. They were sentenced by Judge Hunt October 14, 1905. Each of the earlier trials resulted .In a hung jury. Francis J. Heney was the prosecutor and the de- fendants were represented by Kludge Bennett of The Dalles and I Judge Wilson. The tfiree defendants were accused of Inducing various persons In Crook county to take up claims, which. It was charged, they afterwards agreed before final proof to sell to Williamson and Oeaner. goores of witnesses were brought front Crook county and other parts of the state and an army of spe dal agenta was employed In watching the Jury, the defendants, their at torney and the witnesses. . The conclusion of the supreme court Is that a contract of sale made by the entrytnan arter he has filed his appli cation Jor the. entrybut before he has convicted, but whose cases are now on appeal. ... nteace, VxoBonnoed. wnen sentence was pronounced on of them -appealed to the WUIlamsqn, Oenner nd Biggs all three or mem 'appeaiea to me i nnea circuit eourt Of appeals. That oourt af firmed the deoiaion of the trial court anft'Oesner Snff BIksts went to JalL Wil llamson, however, carried his case to tne united states supreme eourt on writ of error, with . the result made Known toaay. . . If' Oesner and Biggs had appealed 'to the supreme' court as was done by their co-derenaant, they would - nave secured a reversal of Judgment, for their cases aurered in no way rrom that ol WIU lamaon. Whether Bica-s. who la still In jail, can now secure a release. Is doubt ful. It would , seem that he will be compelled to serve out his time. J. ri. Williamson la believed to be on his ranch near Prlnevllle or at The ijaiies. . few men . are better Known in the state. He was. In the legislature for several terms ana was elected to con- gross in 1901. It was during his first term at waanincton mat nenav secured . . . - nis conricuon. Tfcs Sefendaats. e J. Tborburn Ross, T. T. Burk- e 4 hart, John E. Aitchison and 4 w . George M. Hill. e The Indictments. e S First Larceny under section 4 1107 of the code, committed by e neglecting and refusing to pay e, atate f unda left on deposit by 4 State Treasurer Oeorge A. Steel. e Second-yUnlawfully receiving 4 w a deposit of 1650 on October SI e from C. F. Khman when It was- S known to the defendants that 4 the bank was Insolvent ' . 4 Third Converting t827.t61.10 4 of state moneys deposited by 4 e Steel September 9, 1907, by the 4 4 defendants to their own use. S Fourth Lending statmoneye 4 4 on October 6, 1907, to the amount 4 of 110,500 to M. B. Rankin. 4) e The bonds asked for by the e e district attorney. 1100,000. mm WANTS PERCE, sms WPAWS CONSULAR AGENT mewamsfveAeMasa J:W:5 r 1 r 111 At ' i rf;'A.a.:iW8:,.'' ,,,, , , , f ) , TAFT Oil ? OFFICERS Secretary of War Sends His Eecommendations to Pres : ident Outlining: Eeqnire ments of Army in Philips pines. ; i t'.'j JAPANESE QUARTERS AT VANCOUVER, B. C. IN FRONT OF THE WINDOW MARKED WITH A CROSS WAS WHERE ONE Of THREE FIREMEN ATTACKED BY JAPANESE ACCIDNTALLT BROKE A PANE OF GLASS. RIOT THEN FQLLOWED. . , ; mm shoots BUT NOT STRAIBH T -srw ,. v j 1 . w ST ' uuriar at vvorKjuany primes Committed. SALOQNMEN MAY GO TO "BULL PEN" president, and John E. Aitchison, Its J. Thorburn Ross, president of the Title Guarantee 6 Trust company, T. T. Burkhart, treasurer of the wrecked In stitution, George H. Hill, first vice secretary, were arraigned In the circuit court at 3 o'clock thla afternoon on four Indictments, each charging them with made his final wroof in hot viniajinn or the federal land laws. In view of in is ruling, a numoer or the land fraud cases now pending must probably be oiimiuea, u me same state of facts exisia ii .hi as in tne Williamson case., it is possible also that the de cision may affect the case of w. N, Jones and Thaddeus. Potter, who were P ODE ournci i nniinT ItIL uuun HITS ROOSEVELT i;' ' ''swsjaassjssasssBB 1-.U Employers Liability Act, ; President's Pet Measure, . Declared UlegaL (UoiUd pma teased Wire.) Washington,' Jan, 6 President Roose velt's", big stick received ; a dent today when the United. States supreme oourt declared unconstitutional the employers' liability act passed by congress In 1904 at the request of the president ; ' '.Go Back to Work, x . .roslud iPress Im4 Wire.) " ' -Rsaellngo Pa, Jan. . The rolling mills, cf the American Steel Manufao tuIif empny In Lebanon and this cMr resume,; operati&a . today, giving employment to a toUl of. about 7400 hands. The slants hava been' ahuf tnlted PreM'Iased Wire.) Spokane, Wash., Jan. t. The mayor, chief of police and board of public I having committed larceny by refusing worn wm nun tociay ana atcemnt to 1 in renaw mtmtm ,r,Am n .i provide some means for a temporary j ZjiI v . . . x v Jail that will house the saloonmen who demanded by the atate treasurer, with have violated the Sunday closing rdl- unlawfully receiving money when they knew the bank to be insolvent, with haflng converted state money to their own use, and with having lent state money contrary to the statutes. Bonds Wem asked for by the district attorney in the sum of 1100,000 each. Heavy Penalty for Crimes. Owing to the inability of the district attorney's otflce to have all of the In dlctments ready for filing by the time the court convened at 9 o clock this morning District Attorney Manning asKea tne court xo postpone tne arraign, ment of the defendants, who had ap peered in court, until this afternoon at that time. Work on the Indictments was resumed and the Instruments were Died shortly before noon. xnree 01 tne lnaictments louna nance. There have been 46 saloonmen reporting to serve sentence under the nrst lines of 116 each, and more than 160 saloonmen who were fined $26 each, the penalty assessed at the second con viction, wno win be up for service, un less the fines are nald. The meeting will decide the manner or siocsaae. pen or Jail to be provided for. the mixologists. AOKI HAS NOTHING TO SAY; HE'S TIRED (United Press Leased Wire.) San Francisco, Jan. 6. Viscount Aokl, the Japanese ambassador to the United States Is visiting Oakland, Berkeley and Alameda this morning. The am bassador and his party re making the trip In an automobile. Mr. Aokl met none of the city officials in any of the three towns and from now on will avoid all meetings of thla class possible as h is tired -and worn out and wants to get ns much rest as possible between now and the time of the sailing of his vessel tomorrow, , against the four men are drawn under section 1807-of Bellinger and Cotton's code, while the fourth, charging receipt or deposits when the defendants anew the bank to be unsound, was brought under section IS of the new banking law passed by tne legislature or 1907. ntlnued on Page Three.) THREE BURNED TO DEPTH IN HOSPITAL AT SAN FRANCISCO . (United Press Laased Wire.) San Francisco. Jan. C Michael Franco, his wife and John- Pon, em ployes of the. French hospital at Point Lobos.and Fifth avenues, were burned to 'death In their beds last night by, a class which, startlne- on the around floor of an outbuilding of the hospital used as a laundry and an electrical plant, threatened for a time to spread 0 the entire structure of the hospital. The nurses were forced to remove the patients of two wards from their beds in order1 to save them from the blister ing heat of the flames. It was- not until after the flames had been extinguished by the force of are. men that the three deaths were discov ered. ( . t The two men had been sleeping In od posite rooms on the second floor of the destroyed building at the time of the nre and an nad apparently been, smotn- erea oy tne smoaing. WIFE OF CANADIAN LABOR COMMISSIONER HUBBY " (United Press Leased 'rinZyv t ' ;Toklo, Jan. . Closely following the return ot Labor 'Commissioner Lemteux to his home In Canada cornea the atari. ling report that his wife has , eloped with an Englishman and that the couple la on the way to Kvoto.. Lemlnuv had been In Tokio for several days carrying on negotiations -with the Jaoaneae rov- migration. He represented the Cana dian government in this matter. When he was ready to return to submit his report Mrs. Lemlenx obtained the per mission of her husband to prolong her visit In Tokio. A few days after Lom- leux departed Mrs. Lemleux disappeared. An Englishman who had been attentive to ner was missed at the same time. Later It was reported that the couple Several burglaries were committed In this city-Saturday and Sunday nights and In each Instance the thieves suc ceeded In making good their escape with the plunder taken. In one lnatance a woman bravely shot at one of the thieves. , Th-. exact number .of caaes Of house-breaking occurring during the past 48 hours is known only to the police, as it is. the policy of the depart mentto suppress all news of this na ture.fe ... . JUfieteen burglaries sad no arrests was the record for last month. The residence of A. Winter, 442 East Tenth street, was entered by burglars Saturday evening during the temporary aDsence or tne members or tne ramiiy. All of the rooms in the house were ran sacked, the thieves succeeding in finding-two watches and t0 in cash that had been secreted In. one of the closets on the first floor. One of the watches was of small value, the other- being: a gold timepiece belonging to Mrs. Win ter, xne burglary was reported to tne police, but so far as is known no clue to the Identity of the thieves has been unearthed. - Woman Tires Shot. A burglar who had entered the real. dence of D. O. Ross. St. Louis avenue and Winter street, Saturday evening, was put to flight by Mrs. Ross, who took a pot shot at the housebreaker aa he was running out the front door. It Is thought the shot went wild, as the burglar did not diminish the speed of his flight or give any other evidence of having been hit by the bullet The tnief got nothing for his pains, as Mrs. Ross discovered his presence in the house before he had time to prosecute a search for valuables. The lady has received many congratulations on her bravery. a The small general store of Mrs. panthoff, 97 Union avenue, waa entered by burglars some days ago and rifled Of many articles of value, including the contents of the cash drawer. The .bur glars carried the small cash register jr n mem, eviaentiy rearing that any-attempt to ooen it in the store would attract attention to their move ments. The demolished machine was later found under the Olympic ware house. East Second and wuhtnrtnn Streets. It had heen desnollmi nf what ever of value it contained. peas Held Tip. E. B. Sheldon, who IIvm at in vit. street, reported to th nniip ni.M that he had been held up by two young j men In front of his home. One of the thugs leveled a nistol at ShnMnn'., h.H ana aemanaea mat ne Band over his money. Sheldon parleyed with the men until the approach, of a pedestrian frightened them, when they permitted htm to make his escane Into htm hnn.. The men wore improvised masks, but Hum mer actions Beemea to be novices at the holdup game. . A description of the thugs was given to the police, but wvj uavi iiuv oeen apprenennea. . The residence of fi. r. iri.nhnn two-miles east of Sellwood, was ran- mcaw ur uurKian r taw nnvm . a v w 01 jeweiry ana. clotriin were teken. The robbery was report to the police.. No Soldiers Have Been Recalled Lack of Work in BmH'Ctimbia Caused the Home- mid Movement. Japanese Consular Agent Tsunejl Alba scouts the story from Vancouver, British Columbia, to the effect that hun dreds of his countrymen who had seen service In the mikado's army have been ordered to return to Japan,- presumably for the purpose of rejoining the, nil kado's fighting forces. 'To, begin with." said the vice-coun sul, "there Is no law In Japan providing for the recall, of former soldiers, until a state of war actually exists. "It might as well be said that because thousands of Italians and Austrian, are returning to tneir nomes rrom tne Uni ted States that those countries are pre irnniiK jur war. . - - ' "The fact is, the Japanese the leaving tnis country tor tne same reason that the Europeans are they are out of wora,and can live more cheaply In Japan than they can here. - "So far as I' know, very few Japanese are leaving uregon ana wasnmgton. Tor Japan. It - Is possible that more are leaving Britiah Columbia, as the Japa nese population in that country la much larger than it Is here, and more of them may be out of employment, , , "The- story is a dream, based on groundless rumor. There are plenty of soldiers: In Japan, and no necessity of recalling a few thousand from , this country. "Nippon wants no war. She wants snd -needs peace In order to recover from the cruel wounds Inflicted In the Russian, campaign." I 01 s UNDER A T Tacoma' Police Capture Two Men With Complete Kit : ot Tools; . (United Press Leased WlreA -Tacoma, Wash.. Jan. 6. W. H. Haw- ley and C. A. Qualfe are in the city Jail. and will be turned over to the federal officers this afternoon. When arrested yesterday afternoon, a complete coun terfeiting outfit waa found In a suit case In their possession. The men say that the tools were given them by four men. and that they were afraid , to throw them awav. ' tf " The discovery of the counterfeiters Was made by accident Patrolman Calk ins aDorooched at South Tacoma and asked them to open up the suit case. They objected so strongly that he placed them under arreat. When the suit .case was opened it was found to contain molds, dies, crucible and a num ber of partially finished jcolns. '. SEVEN MEN INJURED IN. SAN JOSE FIGHT I (United Press Leased Wire.) San Jose, Cal.. Jan. 6. Salvador Cam- pisl Jr. lies dead at the Good Samaritan hnniti aa the second victim of the fierce fight engaged In Saturday after noon-between Italians, oaivator ureco, one of the wounded, may die before night. The others will recover. Juntos Oil vera, who is said to have Shot Barblera and Tortorici, has been arrested. The fight resulted in injury to seven men and was tne result or a quarrel over an old bundle of shingles taken rrom a Darn. Appro ?es of Estimates of Money Needed' for Coast Defenses for JSubig Bay, Pearl Harbor and Guata namo, Cuba. (United Pross Leased Wtre.f Washington, Jan. f. Secretary off War William Taft ' writes about condi tions In .the Philippines, declares that the United States army should be-Increased and makes other recommenda tions in his annual report submitted t President Roosevelt today. ; r -"In my Judgment." he says, 1t would be the wisest sort of economy for the nation to recognise the situation la the ' army v and provide .additional, officers ' to meet the condition which. Is fast be- coming ' a' 'menace." u'.jKiT-' ''-' -' -The secretary places his stamp of ap proval on the recommendation of the general board that 413 offllceire be added to the army. He also- advocate the organisation of a a-eneral service corps Including wagon" masters, engi neers, , firemen, teamsters and black smiths. He- also approves of the esti mates of the money needed for coast defenses such as $9.000,000' for; Bubl friAtf Yf.ll 1 1 AAA AAA C .1 i.Hk Honolulu, and il.000,000 for Guatanamo bay, Cuba.. . . ' . " (Unlted,Prs Leastd .Wire.) fV t 4 Washington. Jan. 6. After a two- weeks'' holiday congress ' reconvened to day. The senate was in . session - five) minutes and then adjourned out of re spect to the memory of Senator Mallor of Florida. . - The most important . matter ' before the house was the report of the inter state commerce commission. John Sharp Williams introduced a bill reducln the standing army to 3J.009 and providing mat lu.ooo. of this number be assigned to the sea coast artillery. ' . , , ' m i i ii i QUE GLIDE. GOES 0 i Prisoner Cheerful on Verge of 'fievr Trial One Hun dred Veniremen Dismissed : During Today's Session of Court. PORTLAND MEN GET , MILITIA COMMISSIONS (United Press Leased Wire.) I. ' T.i. i a . ' i-o'o ft v., ..u. b. vuvernor vnam- neriain nas commissioned J. M. Ronnie and W. O. White first, lieutenants and William Q. Branstetter second lieuten ant Oregon National Guard. All of Portland. CASH REGISTER MEN RETURN TO FACTORY (Unt4 Trm Ld Wlre.1 darton. Ohio. Jan. t. Three thousand employes returned to work today in the rectory or tne national uaan register (United Ptms LeaMd Wire.) New Tork, N. T., Jan. . The dis missal of -a hundred veniremen marked the opening this morning of the second trial of Harry Kendall Thaw, accused of the murder of Stanford White. When court opened the announcement was made that through an error the names of the first venire had been printed -Friday, and that according to law none cf these veniremen could qualify for Jury service. The second venire of a hun dred was summoned and they began to arrive before all of those of the first batch had departed. The proceedings began at 11:37 o'clock. Harry Thaw appeared to be full of confidence in his cell this morn ing. Particularly was this so after he had been visited by Mrs. George Carne gie, his sister, ana josian rnaw. ms brother, before court opened. During the early morning he betrayed some nervousness jver the delay in tne open ing of court Mt fcariv in the nroceedlnffs Justice Dowling declared that he would not al low any unnecessary wrangling on the part of the attorneys to delay, the case. Harrv, Thaw. entered. court wearing a dark blue suit, the same one he wore at the last trial. Evelyn Thaw also wore one of. the costumes she was at tired In during the first trial. Thaw waved a cneery greeting to nis wife and family while he was on his way to his chair at -the lawyers' table. Th. . .mirt nftAr flnlna 20 VAnlrArhftn 250 each for failing to appear, declared that the Jury will be kept under sur veillance. ' . i Attorney Littleton. -chief. attorney for the defense, made reservation t Thaw's aowu ior wrw-weeks.. -s 1 -. -. . . . , t eminent concerning ths questions of lm-1 was seen .traveling; toward Kyoto. ' ,j, 1 company,, which resumod operation. I plea of not guilty, to enable him- to' Is as faithful i interpolate later the fact that the de fendant was Insane at the time of the shooting. William P. Miller, a decorator, was the first venireman examined. He said he knew Stanford White and that he had no opinions. He was accepted by the prosecution. Attorney Littleton questioned him closely and then ' chal lenged him for cause. Miller was ex cused. . The next three veniremen were ex cused also, two of them for. having opinions. Charles E. Gremmels, . a broker, quail Tied as the first Juror. When court reconvened after the noon recess, Evelyn Thaw was given a seat inside ot the railing separating news paper reporters rrom tne spectators, sne is now seated near her husband and within the range of the vision of the jurors. At noon she visited Harry Thaw Jn his cell and had a long chat with hjm. Any hope that photographers mignt nave-nan oi using cameras : in court was blasted by a oourt. order.- HAZZARD'S CASE POSTPONED WEEK (United Press' Lsased Wire.) , - Detroit Mich., Jan .The court martial of Lieutenant Russell T.V Has sard on the charge of forging the name of the commandant Of JTort, Wayne has been postponed for a week. ,i t .. Hazsatd, who ' Is under guard at a hospital, is a physical wreck. . In spite of the serious charge and a report from Seattle that he has a wife and fhrix children living in, Oaklaiid, his girl wlfal testlmon Js as faithful to him. aa she fver was, J talnej f,- : - ... ,,,,,, .T tft -, , . New Norwegian Minister AIs Appointed to Succeed Late 'Hans Christian Hauge; Christianla,1' Jan. f.-Ov ;- Gude Vhag been appointed.' Norwegian .minister at Washington to the vacancy caused by ; the sudden death of Minister. HJalmar Christian'.:Hauge- "J;, J -,? ;t;,i:Myi The new .minister has had much expe rience i In i "dlplomatio' circles. 7 He was horn !n 1853 anil In 1171 t,i. ' fi .appointment as' representative of the Jthen". united, countries. Sweden and Norwav. in it h. oa l..n.. yi?:,1eprtl".nt o. ' foreign affairs - In ciuvMiuim- oner naving , served two years " atUcha In parlsT In 1884 he was appointed secretary of the legation at Berlin anrf In 18(11 w.a fi,le, 4 the same position In London. h appointed minister at Madrid Ud lubaefluiintlv tnn.r.n.A Copenhagen. He resigned when the two countrtea separated on June 7, 105, and has not occupied any position In tha diplomatic service alnce his Tesignatloa t was, accepted. ' ' - 's'-, i 1 1 1 1 i f ... i MM GRAFTER lORflEGAIJ DEAD Ex-Supervisor Who Turnrd . Stated Evidence for 'Heuey -' Expires Suddenlj', ' ; (United Press Leased Wire.) ' ' San Francisco, Jan. 4. Thomas Lena ergan,, former member of toe board rl supervisors and - star 'wrfies Salj)t Louis Glass in the telephone hoo ti case, dropped dead this morning- at I i home In this city. - Lonergan was the principal wlfrn-ri It the graft proagutlon, and it l who was easily trrpv hy J-. n- Burns and made to rtivulre evl !' i : t assited in. 'Binding Scfemli n.i J. i i Jail. Loner(,an'H dwitfi tuiiy tint i tne uuiss or otnr iritis r i mm- . i testimony reijdiri'd from lilm j i ( i U-oto ethers w the t . i, h .