The Oregon daily journal., January 09, 1908, Page 1, Image 1

THERE ARE MORE COPIES OF THE "JOURNAL SOLD ONTHE STREETS OF PORTLAND THAN 01? ANY Of HaR DA.
V-Sr-
'f 'Cr--" 'r ' 'i i ' -' . i
BEST RESULTS
JOURNAL-CIRCULATION
! From ' Journal Wants. To sell
Real Estate To tell your business
;V ml-'a yesterday;-' was '' '
Advertise in The Journal.
' The weatner-r-Occaslonal rain to
night; and Friday ; southwest winds..
VOL! VI. NO. 261
PORTLAND, T OREGON, THURSDAY , EVENING, JANUARY 1 9, 1908.TWENTY , PAGES."
PRICE TWO CENTS.
oh Tftias airs irrrt
SXUTDS, Jivs emit
1 1-
925
- ' ...... . ... . ,. . ... .... - i U
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....
WPELLfiTEMURlGFCllUI-dRMil
AfTS GRAFTER MRYORmEEDOM
Prosecution Seemed to Fear: Something
Would Happen When
Changed His Lawyers District
torney
Decision
the Defendant
At
Office Much Provoked by
-Will Re-arrest Boodler.
Ban Francisco, Jan. 6. The dls
-irict- court of appeals this morning
handed down a decision not only re-
; versing th asf of eit-Mayor Eugene
' E. Schmits, conrlcted of ; the crime
of extortion and lentencedto serre
flve year in ; ,SanQuentin5 p'enitos
itery y Judge-Dunne hut ordering
the trial court to sustain the de-
'A murrer 6t , the defendant upon the
ground; that the indictment did no.t
state a public offense or an unlaw
ful injury, and ordered that the de
fendant be discharged upon this in
' dictment. - ' '''
. It is probable that as a result of
the decision SchmlU will never again
be tried upon any of the extortion
Indictments and that the other four
now resting against him will be dis
missed In the near'f uture.
He will probably be rearrested on
Indictments on. other counts.
" There was not much consternation at
the district attorney's office, but It was
plain to be seen that the prosecution
' was out of sorts over the decision, as
it will 'mean a tedious retrial. ' The
office had frequently hinted that .there
was likelihood of "something- going
Wrong," as there was. sudden shifting
ef the lawyers of the defense toward
the time for arguing the appeal.
V8chmlts was : tried for extortloa' In
the eases of the French restaurants.
, lie was accused of receiving part of the
boodle money collected by Abe Ruef.
Tfcatlmony, was put on the stand and
told the atory of having given Schmits
hl share of the graft collection.
-During the trial it waa , , generally
Teared that Judge Dtinno auatained
Heney too often and, came dangeroualy
. near to- the line of prejadice. The evi
dence in the case, however, aeemed con
clusive of guilt and the jury promptly
returned a verdict of guilty. The de
fenee then drew up-their papers to pre
sent oerore tne appellate court, alleg
ing prejudice and errors in objections
upneid by the superior court.
The French restaurant case upon
Which Schmits was tried was only one
of the many Indictments against him
and -probably the weakest; . t least
Blanco, Malfantl and Debret, the French
restaurant keepers, who claimed that
Ruef and Schmits had blackmailed them.
Another point made by the appellate
court was the fact that Judge Dunne
allowed the prosecution to aak Schmits
during his cross-examination whether or
not he had received any .part . of the
tt.OOe fee which the .testimony had
shown, ha been give nto Bust by . the
French restaurant keepers. i .
"The cro8-eamlnatlon "was entirely
Improper iha decUlon- cays, "and -s.
peciauy o in regard to the question ad
dressed to the witness, Ruef, in regard
.o wnemer or not n nad ever given
part Of his 1500 fee to the defendant
n was not connned to the matters upon
which the defendant had been examined
aurina ms direct examination."
- The court here refers to that section
Of the penal code which declares that a
witness when taking the stand in his
own oensir can be cross-examined by
the. prosecution only in regard to all
matters u?on which he testified on di
rAf .tamlnotfnn
In retraril tn iudarn Dtinnii'ii rfual in
allow the defendants attorneys to cross-
Hirnine nuet in regara to nis aiiegea
immuniiv. nun. tn court xaa ma fni,
lowing to.say:;,f-j v' . ; : v-
Cross-ZsaminatlOB. f -
'The rulings in regard to this cross-
examination were erroneous end highly
irejudlcial to the defendant The de
endant could not have been convicted
upon the testimony of Ruef without cor.
roborative evidence, and it was not fair
to ine aerenuant to refuse to allow him
to investigate the . motive of the wit
ness." -rr:T T"rT'-- :
Taklns' ud the ouestlon in relation to
the validity of the Indictment ' which
perhaps is the most Important nortlon
of the decision, the court absolutely
Knocks out all contentions made in re
tard to the validity of the indictment
t not only holds that the indictment I
insufficient upon the ground that It did
not show that the speolfto Injury threat
ened wa- an - unlawful injury; but also
that ' the Indictment does not state a
publlo offense 4 y .
- 'The ludarment and order of convic
tion are hereby reversed and the trial
court la directed to sustain the de
murrer to the indictment and discharge
the ? defendant : UDon this indictment"
are the closing words of the 'decision
HEALY ESPOUSES HOME RULE
which was written by Presiding Judge
cooper anq. concurred ,in
DDer ana concurred in nv. ..associate
Justices Hall and Kerrigan.
It must be borne In mind that the
state appellate court is regarded by
many as a Herrln machine.
: )
TsBll ssilinsMsin li'iHf sjasMiBJWIIMsMBaMiisjsaBBLJUiL. MajsaBjuBMMaiaiBa J '
: . - - - 5 I..V.
: : 1 1a. x I
i - J
f . - f: ..55 f
r -i-rnr-ii nn- miinnnnit rr r mr r imm i VnSMiinii.iiiim is arn 1 it Yirn 'i frf 'r'w
SI
I ' HIS
Portland's Money Order
Business largest in His
tory of Postofflce In
crease Over Preceding
Year of 19.26 Per. Cent.
Total Number of Orders Is
sued 413,375 Hundreds
Used Government Means
of Exchanging Money
During Eecent Flurry.
(SeecHl DUoitch to' Tbe Jonrhl.
.New York. . 'Jan. . 9. A Dublin cable
says: Timothy Heal, Irish National
ist member of parliament, declares
that there . is absolutely noJielpU4tor
Ireland : until she is separated from
England. Mr. Healy says that all of
Ihe relief measures formed for 'the bet
terment of .conditions in Ireland have
roved more .or less or a raiiure and
hat the country. Is just as oppressed
V
Portland s money order business a
the postoffica for MOT amounted to
more than 111,000,000.
This Us much the largest annual re
port In the history of the office. Last
year's business shows an increase over
190 of 19.2( per cent. During the' year
just past,41t47S. postal orders, passed
through "toe office) the exact1 amounts
stcrtfsUuff .m.01,m.l.'v This Is an
Increase ef 92,1X1,297.35 over the busi
ness of 1906.
The Internationa money business last
year was also unusually large. Japan
heads the list of countries to Which
money was sent from Portland. Italy
is second, with Germany and Russia
following in the order mentioned.
' The last two months have been nn
usual ones In the money order depart
ment of the postofflce, not only tn
Portland, but all over the country. This
was due to the legal holidays which
were in'effect several weeks and durlnir
which time many persons transacted
their business through the government
system' or money, exchange.
Th lrternational money orders - is.
sued last yoar amounted to t89S.042.48.
For 1908 they were t713.673.34. Dur
ing the currency famine the business
in rortiana was an mat tne officials
and harrassed 'with objectionable laws could handle. Many of the customers
as ever, Ireland's safeguard lies in were joreigners, senamg money Home.
her ability to govern herself and this Tne' statement or ueorge f. white
she can do 'and do well. 'The Irish I house, superintendent of the money or
race is masterful In all of its ac-1 der department at the main office.
compllshments -and wherever an Irish- made hts report to Postmaster John
man goes, unnamperea oy tne Donas 01 1 mmm nun inurning. in ueuui 11
tnraiiaom, he makes a mark lor him-lis as xouowa
Dal t
In "America Irishmen have shown
their power to irovern well, hai
great lawyers, fine business men and
brave and patriatia citizens.
Number
93,146 Domestic.
issued
SECOND HOMESTEAD.
u a BILL GIVEN BOOST
: (Colted. ' Press . teed Wire.)
"Washins-ton. Jan. 9. The senate com.
mittee on public landa has authorised
a favorable report on the "seoon,d home
stead" bill which is a step Interesting
toJ every state where publlo lands are
Moated. rne oui permits, a -nomesteaaer
who makes an . unsatisractory location
throuah a mistake to make another en
try providing he has not relinquished
nis claim.
Heney had said that he believed itso.
Although not willing to aive an Inter
view on the case until he could get the
complete text of the decision,. Abe Ruef
was apparently pleased at the news.
' Whether or not the decision of the
appeume couri win ,in' any way aneci
the - standing, of Abraham Ruef, . who
pleaded guilty to the same charge upon
which the appellate court has . ordered
Schmits to be set at liberty cannot be
rStatea.." .',;.;
ff..sv- ef -Bas , CJiaaoe'?--' '
However, the fact romalns that Ruef
has pleaded guilty to an act which the
1 appellate court has decided Is not crlm
. Inal in its nature, and the. only point
10 be aeciaeu is wnemrr or noi , in
pleading guilty Ruef forfeited air right
Ot appeal. IVUCI ai uibhihw 110 iiitiaunq
guilty to the charge declardft his ipno-
MtiM nf flnv crime, but admitted that
f he was willing to plead guilty, v i V :;
b v The aecieion 01 tne - ppeue court
reverses nearly, every important ruling
made by Judge Dunne .during the trial
01 tae cubo.
Before entering- into the merits f the
se the appellate court nrsi aeniea tne
motion made by the district attorney's
office to dlsmlaa the appeal upon the
technical ground that it was premature
ly filed before the entry pt the Judg
ment naa oeen mane, wno i m irmi
grounds given by the court for the re-
... mi a 1 4. .1, m . .hat. .TuflcA IltnnA
'allowed the prosecution to peremptorily
. challenge certain Jurors after they, had
successfully passea tneir nxamiiiauon
at the time the box was filled.
' -aigsT .Prejudiced, ; , .'
The refusal of Judge Dunne to allow
the attorneys for the defense to make a
ahqwing to the effect that William J.
Riggy. the elisor, appointed to -,take
charge ;of the - jury, . wae ... prejudiced
against the defendant, was declared to
be- entireiy erroneous. - ", -- .
- "Fair 1 riaalliMr and the " risht Of the
defendant required that he should be
'heard upon this proposltlon,' la. the' way
in wnien tne decision reacs. - - .
Another strong reversal .was upon the
nmss of hearsay evidence -admitted by
. Judge -Dunne, " Especially was this so
In regard to, the testimony of . Ioupy 1
U. S. SENATOR CLARK'S
f ; OggCm- FURNITURE
-ATTACHED BY MINER
- (United Pre teaaed ,'Wlre.) - '
, New Tork, Jan. I. -W. A. Clark, for
mer United States senator from Mon
tana, owner of the richest copper mine
in the world, part owner of the Los An
geles A San Pedro railroad, and several
million, dollars' worth of other things,
was ' served with a writ of attachment
on his palatial office furniture here to
satisfy part of a Judgment of $44,894,
which Mining Expert George Treadwell
has obtained against l.im.
Denuty sheriffs aro a waiting-
to seise the rich collection of paintings
which the Montana magnate has stored
in his apartments at i76 west jirty-
elghth street, - " . ..-
The $44,000 Judgment which broug.it
on all the turmoil dates back to the day
that' Treadwell . claims, he discovered
the- 1300,000,000 United Verde mine in
Arlsona. Treadwell says he was paid
for his- prospecting for the owners and
presented with 106 shares of the com
pany's stock. - At kthrt time the stock
was quoted at tlO, A little later, bein
cramped for cash in London, Treadwe!
hypothecated the 100 shares.
1 Then Senator Clark stepped into tne
situation, he knew that there were
hundreds of millions of precious metal
In the United Verde. Even then "'the
shares had risen from 1 10 to $100. But
Treadwell says the -senator reorganized
tne company ana-rroie him out com.
pletely. -. ,; , .(. , .. ..
CUPID. CANTEEN AND
MORE COIN NEEDED
V BY AMERICAN ARMY
(tTnlUd Preas teased Wirt.)' .
A.' . kMncrtnn .Tan.. . Q .rlimM f)i rmn
tien'nd more.' pay are suggested by
Frankl!n Bell, chief of staff, as the
only three things thai -will , Induce ex
perienced - soldiers to remain irt . the
army. - General Bell says so In" an Im
portant report, bubbling over with rjc
ommendatiens for the betterment of the
conditions of the soldiers, which he has
submitted to President Roosevelt
"To hold a man in the service 30 years
and deny him theprlvilege of. normal
life, which is married life, is Impossi
ble," says General Bell. 'To permit all
to marry is equally Impossible. . In my
opinion,; the restoration of the canteen
feature -would operate for greater effi
ciency, and contentment." , :
Then - the general. suggests that the
government provide quarters tor mar
ried noncommissioned officers, and give
them i ai general . Increase in pay. : He
also recommends that a new grade of
warrant officers be created to be above
that, of a noncommissioned officer.
General.) Bell,' thinks more - clothes
should 'bo allowed -the army men; that
thehvraUona should be improved; that
they be .given better quarters,- more'
amusement, and that the tax of 124
cents for the support of the soldiers
home should be abolished. . v
All
ETY FELT
' Fees on same
22,019 International or-
aers issued
Fees on same A . . .
16.291 Certificates for M.
O. funds received
270,780 Domestic orders
orders
...$ 1,422,768.62
paid
1,189 International
ders paid
7.629.72
895.042.48
6,980.89
S.687.S51.87
3,063,198.68
40,207.86
STANDS IN
Appointee to Federal Attor
neyship Flies Around Like
Decapitated Cliicken Try
ing to .Determine Who's
Who and What's What.
Spine-Shattering Visions of
Governmental Laws Cov
ering Millions of Pages
Lack of Assistance and
Stenographers.,
e
e
WHAT CHRIS SCHUEBEL
S.WANTS.
W. C. Bristol as ex-offlcio
district attorney and confidential
advisor. , - ,t ,,v
James Cole io remain as as
sistant district attorney until
Schuebel has studied federal
procedure and learned the rou
tine .of the of flee and the un
finished business. , ,
Bristol's atenographers to re
main on duty because of their
knowledge of the office work.
Bristol's library on federal
law and procedure and immedi
ate possession of the official In
structions and code of conduct.
General Instruction in how to
conduct the office of United
States district attorney.. .
WHAT SCHUEBEL WILL GET
No help from the retiring .dls-,
trict attorney. I
No assltance from - the . re
signed deputy district attorney.
A new corps of stenographers.
His own library, and posses
sion of government instructions
when he is sworn In.
A self education in federal
procedure and federal court
practice.. ; , . ; .
11,013,174.92
COMPARATIVE STATEMENT
The Lucy, Captain Petter
v," '. son, Out -12 Days for
v Umpqua.
(United Preaa teand Wire.) -
Ban.' Pedro. Cal., Jan. 9. Anxiety Is
felt for the safety of the schooner
Lucy, Captain Petterson, now out 42
days from this port, bound for the
Umpqua In ballast.
The schooner Caroline, which left this
ort at the same time as the Lucy,
as ' since made a round trio, and
is once more on her way north to load.
The last report from the Lucy came
several weeks ago - when she was
sighted by the Caroline off Umpqua, as
the latter was bound south lor San
Pedro.' .-" ?:
Since that time terrific-storms have
prevailed off the Ore con coast and It ia
possible the Lucy may have been blown
many nunarea miles to sea. -.
Transactions
1907... .$413,375
1906 320.620
Amounts.
$11,013,174 92
8,891,877.67
Increase -. . .$ 82.766
Gain, per cent - 7.92
$ 2,121.297.85
19.26
Chris Schuebel of Oregon City, Sena
tor, Bourne'ss choice for the position of
United States attorney for Oregon, and
President Roosevelt's nominee,. Is up
against a hard row of stumps and sees
no friendly stump puller to clear his
pathway to official success.
Admitted to practice before the fed
eral -courts on April 19 last, but as yet
without a case before that august and
red . tape bound - tribunal, - unversed in
the methods of federal court procedure
ana somewhat unprepared in tne teon
"
COURI FOR
' ',' ' . '.".;-"'.; ..
' - -' ' ' ' . . ...
Medford Editor's Case Called'
at Jacksonville Today--
, Prominent Attorneys YoU
unteer Services" to Cleac
Defendant, ' , ,
Dragged Off Train ; and
Thrown in Jail When In-
dieted by. Grand Jury Ho
, Criticised Charges Ho
Implied Bribery. ;y
(Continued on Page Five.)
MAXIM SAYS JAPAN
IS PREPARING FOR
WAR WITH AMERICA
TALBOT refuses to
CHANGE. HIS STORY
(United Preaa teased Wire.)
Ban-Francisco. Cal.. Jan. 9. F. Tal
bot again took tho stand thla morning
in the trial of his millionaire brother's
suit for dlvorcei and . was severely
cross-examined, but like other witnesses
for the plaint irf staunchly refused to
contradict his . former testimony. - He
repeated several times that Mrs. Talbot
had complained to him that - her hus
band was a "brute"? and a fiend.'
DEMOCRATIC CLUB IS
organized;at SALEM
. (unuec press msbm wire.)
Salem. Jan. 9. The Salem Jefferson
Democratic club perfected its perma
nent organisation last' night at the of
fice of w. A. Ltston by the election of
the. following officers: P,. L." Frasler,
resident; t. - uaviason, vipe-presi-ent:
A. M. Dalrymple. secretary; D. J.
Fry, treasurer. s. - ...
. A 'eonstltutlonivand by-laws 'were
adopted,.-the mala provisions f which
are the malntainance of - DemocratMs
principles and the possession of a good
mormi- cnaracier ana aoiiar on tne i
part of the members. . -: - , . .
Washington, Jan. 9. "Japan is rush
ing preparations for war and may strike
us at any minute." t This was the startling
statement made today by Hudson
Maxim, a member of a big company
that manufactures arms, who is visit
lng in Washington.
"It is a sad mistane to tninx mat ja-
?an is financially embarrassed, ne con
inued. "It's Japan's old game-to rush
war preparations and complain about
being poverty stricken at the -same
time?' V
St Peersburg, Jan. 9 Men high In
Russion court and army circles, as well
as the St. Petersburg press, are openly
ridiculing ' Okuma's repudiation of the
version given of his Kobe speech - in
which he was quoted as urging India, to
rise against unusn ruie, - s- '
The reports of the speech ' fell Into
the hands of Russian diplomats directly
arter ukuma ueuverea nis utterances
and were forwarded to the capltol. It
is said they do not agree with the press
reports In which Okuma declares he
waa misquoted, ' .;"
rvf f f f f f Tfff f fvVTf ""ff f?Tff f
TWO CENTS IS THE PRICE
- The price of The Daily Journal on the streets is 2 cents a --. x
copy r 10 cents a week, delivered by xafrler. The street price
and the carrier price are about the same as near together aa
such things can be. In other words, to buy a copy ot The Jour-
nal each day . for six days on the streets will cost one 12 centa - x
that's all, or about the same as It would cost to4 have it dellv-; J
ered at-your house or office for six days 10 cenfs. There are ;
any, number of accommodating, reliable newsboys who will sell
- yon The Journal . at 2 cents a copy and "make the change," or,
if you prefer have It delivered At your house or office by carrier : J
at the rate of 10 cents a week; or, better still, have a copy de- JZ
llvered at your house regularly and pay 10 cents a week for -it, T
and buy an extra cqpy on the streets for 2 cents both at a cost
ot less than 5 cents a day, which you are so called on to pa for J'
single copy of other daily papers. The . Journal ; Is the best
I , circulated and most popular ptper la cqnseqi-ence. . j
S 1 -
(Speciil PUpatch to The Journal.)
Medford, Or, Jan. .--Editor G. Put
nam of the Medford Tribune la on trial
at Jacksonville today charged with hav
ing criminally, libeled -the deputy dis
trict attorney' and grand Jury. In n
criticism . publlahed concerning - thel
faUuro to Indict. President W. 8, Bar-
num of the Rogue River Valley, rail
road for attacking) Mayor J. F.'. Reddy
with an ax. , Putnam war indicted' De
eember 21, and hauled .front his bert'
in a Pullman while ea route to Portlan
to spend thrlstmks1 with hie mothA .
and landed, in the Douglas cotm"iy jail
at Roseburg. He was denied communi
cation with, friends and. kept there un
til neon the next day When friends.
hearing of his arrest, secured-his re
lease. Although the indictment was re
turned early enough In the" afternoon tr
have arrested the editor before M
Uoparture. it was kept secret until ha
was speeding north." .', . ,
A motion to ' quash . the Indictment
upon the grounds that the rrand lurv
was disqualified by reason of personal
Interest and prejuulce, and a demurrer
were both overruled by Judge Hanna,
Putnam Is represented by W. 1. Vawter.
M. Purdin, H. Withington, Robert G.
Smith and E. E. Kelly, all of whom vol
unteered their services. . The prosecu
tion is being conducted by District At
torney A. . Reames. , .
Tha prosecution aDnarentlv rests nnnn
the construction of the words, "sw-ur
Immunity' in the alleged libelous arti
cle, as meaning bribery. The defense
will attempt to prove the truth of the
publication.-and to this and . have sub
poened many witnesses of " Barnum's
escapade with-the ax, -Including- State
Railroad Commissioner Oswald West.
- Attack oa tae Press. :l-
Oreat Interest thrnna-hnnt : fhl a.
tion and Indeed throughout the state, has
Deen arousea Dy mis case, as it la gen
eraliy resrarded as an attemnt In mm.
sle- the press and secure for public of fl
ciais immunity irom criticism.., a .. . -.
The Indictment follows; .
"George Putnam is accused by the
grand jury. for the county of Jackson,
state of Oregon, by the indictment, of
cna crime of iinei, committed as fol
lows, to wit: That the said Oeorare Put.
nam on, towit, the- 19th day of De
cember. 19UT, in the county of Jack
son,' state of Oregon, then and thore
being, did then and there wilfully pub
lish, by means other; than words oral
ly spoken, towit. by 'printed matter in
a. newspaper, called the Medford Daily
Tribune, and then and there of general
circulation in said county,1 the follow
ing false and scandalous matter of and
concerning Wallace Woods, Joel Hart
ley, J. R. Roblso'n, C. H. Vaupel. Adam i
Schmidt T, JE. Pottenger and J. L. Gar
vin, then '. and . there - composing and
constituting the grand Jury . for sai-t
county. - and Clarence L Reames. then
and ; there a deputy prosecutlnsr attor- ',
ney, representing the State of Oregon lit
said matters ; before said grand Jury.
tOWitJ i t V .-.- , -...v., ... '
. he AUsarad IdbeL:ip;sf.;,?:V;-'-'''
The Srrand 'lurv is vtomnnsMt nt ths
following men;' Wallace Woqds, J. It.
Roblson, C. H. Vaupel, Adam Schmidt,
them Just 15 minutes to indict a friend
less horsethlef, a poor old woman and
a penniless fortrer. Thev snent three
days on the Barnum ease and then justi
fied . -the muniAmn, . amanlt -n.nntw
District Attorney Reames ia a most re-
lonciesa prosecutor, wnen a man drops
a nickel In the. slot machine or taken
a drink, on 'Sundav. tr a. mn, , faiin
creature is caught sinning.. Such hein
ous crimes must Da, punished; they are
dangerous at once to iif. m.i - iimK.
But any one can try to- brain a man
with an ax and secure Immunity from
the blindfolded representatives ot Jus
tice.' That said publication was maie
with' the intent to In-iurA anri -fntni
said .Wallace c-Woods. Joel Hartley, J.
R. Robison, '" O. H.' .Vanpel, Adam
Schmidt. T. E. Potten-rer. J. 1. fiarvto.
composing said grand Jury, ami 11
ClArenre L. Reames, deputy pro-ne-MUlfiif
attorney, and that said matter so pri-n-ed
is fale and untrue. That the woi.in
Deputy District Attornev Renms." I i
said publication, were intended to an j
referred to said Clarence L. Keam n
deputy 1 prosecuting attorney, and th
said false and scandalous matter wa
published of and concerninir ail of t
parties .Dy said Ueorge i'utnsm i
the Intent to injure'and detune e. 1
thereof..
"Contrary t the statutes in 'i
rases made and provide! ami in.-
he peace, and aiKBltyof tue r jri .
Vregoiu" v . ;
; ' ' WaroIi(niie" Uiii int.
. United F'li-- tMHi Vh
Minnt-apolix, Winn., Jm S-l !r
p.orning -jenttoj eil the k -1
house of lli iinrtnnm i, 1
1
i