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in
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, I -
JOURNAL CIRCULATION
YESTERDAY WAS' f V'.-:
29
525
VOL. VI. NO. 282.
PORTLAND, OREGON, ' WEDNESDAY" EVENING,': JANUARY 29, 1908. SIXTEEN PAGES.
PRICE two! CENTS. ' & JJiVY i
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ATTEIMFTS
iDIWKEIIIUTY
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DefenseVill Try , to prove Indictments
Against Accused Were Allowed to Lie
for Years Despite the employment or
Heney as Special Prosecutor. ;
,. John H. Hall Is on the stand in
the United Statea court today Celling
hie version of the circumstances sur
rounding the fencing of public lands
in Wheeler county by W. W. Stelwer,
irrH. Hendricks and others, ' fdr
which violation of the law he is now
on trial as a fellow-conspirator. He
will finish his ' Story this afternoon,
according to -Judge Webster, his at
torneywhen the defense will close
Its case and' the arguments' In the
long drawn out trial , will begin, un
less Mr. Heney desires to bring other
witnesses for the government, in re
buttal. 2:y:;iX? ..''. vV
Mr. Hali br 'hie story 'U attemptlii
to' overturn the" Inference raised by the
soveranejst that, he wee neglectful .t
hie, duty and ' delayed prosecution and
dlinjUe4.casea la, order to eWeld-tbe-
who wera friendly to him or whom ho
could oa in hie efforts to, achieve tita
ambition of reappointment, to tha' office
f district attorney frort which ha was
deposed by the .efforts, of -Mr.' Heney
some three years: ago. ''. '. ?
It wUI be the theory of the defense.
Judging- from t be start already made,
that Hall was not negligent of his duty
when be allowed the Stelwer fences to
remain standing for so long, but -that
he was following tna routine or nn oi
fica duties as rapidly aa circumstances
and the red tape of the governmental
departments at Washington would per
mit. ' The government's own evidence
will ba the defense's argument that
linll Is not guilty and should be acquit-
ansu oi jiHfsn.
- SMrther than - this the defense Will
attempt to show by the records of the
fndaral court that indictments secured
i through the efforts of Mr. Heney him
self have been pending ior iwo. or mrce
rears and are yet untried la spite of
he fact that ft s?ecialproaecutor was
aent by tho government to assume sole
charge Of tho prosecutions and see them
through to the finish, hecords of In
dictments and grand juries and of suits
waiting for trial were put In evidence
through the forenoon by Judge Wcb
pter with the apparent object of raising
the question as to whether ltf waa the
custom of the government to push canes
tn immull!Lte trial, rushlna nroceedtnas
from tho beginning of the Investigations
the submission to a Jury. . . .
In the opinion or those wno nave ioi-
lowed the trial much will hang; upon
the testimony of Mr. Hall and upon
his efforts to establish the fact that he
was proceeding In good faith in the
Investigation and conduct of , the Stel
wer fencing case.
Mr, Heney'a success will stand or fall
upon his establishment of Hall's of
ficial inaction -and procrastination. All
of his evidence goes to the question of
whether Hall delayed the trial of the
Stelwer case in order to 'gain benefit
from Stelwer in his candidacy for of-
rtce. jr he is a Die to convince me jury
that Hall held back- because he ex
pected Stelwer to benefit him he will
have mado out his caae.
i Sid jTos i Off endf
Hall contended, however, as shown by
the opening of his testimony, that he
had no understanding with Stelwer or
any or ms. associates ana tnat nis con
duct of the case, waa in accordance with
the established 'customs Of the: office.
He said in his testimony that the first
he ever heard of the. 8tlwer fence was
when-he received a letter from J. R
King. In December, ,1000 teUInt htm of
vn lenoe ana ine yioiauon VI me law.
He explained that he was,, as district
attorney, the adviser and assistant of
all the governmental departments la
uregon.. The heads. of. these deoart
menu came to him for direction, and
as a rule he only acted officially upon
recommendations made by' them or
tnrougn them from the resnectlva d
partmenta. He testified that when com
plaint of violations of land laws was
made to him it was the custom nt th.
onice to require affidavit to be made
by the complainants of the conditions
complained of.
inese were in turn made the basis of
PORTLAND
mum
: P M POT D
II lUl lUil I I
vim UUII I I
President EarHng Who Ar
rived in City This Morn-
ingr Says Importance of
City . as Objective ; Point
Cannot Be Overlooked.
Intimates Portland Will Be
Invaded by Eastern , Line
as Soon as Extension to
Butte Is Completed Next
Year. ;
9ipiummvVtiWrr'V'wttti-n-ir-rtr-tr-r"t p s r iaaywavwefeeeev
.VI
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:'- V 3';-,;:. - v- ::' y-:;' it v.' i xs
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ItsffllniitriffiYil-i-sWrlilr
SKETCH OF ERNEST HEMPEL, ACROBAT, MADE AT HOSPITAL THIS MORNING.
an investigation by a special agent who
rciniriou a uie anerai land nrnr
Then, the witness said, if the dsnsri
ment considered that cause for action
exleted he, as district lattorney, would
begin that action.' This was the course
purauea mi ine steiwer, case, the wit
nana said. -
Hall told of the receipt of the King
eivnr m j ucxiinuni! t correspona
ence between King. Putnam and then
regarcung tne case. . tit ald he had
called - their attention , to the f enclna
case known as the Carr case In order
that tbey - eould profit by the experi
ence of the settlers who had-brought
the complaint In that action and thus
possibly gain more speedy relief. He
had. advised them to make affidavit and
forward it to him In order that he
could bring the matter to the atten
tion of the department without delay.
mis-was me opening trend or Mr.
Hall's testimony.- and from indications
It will , be the course of his story
through to the end. He will: try tol
A man would be blind to overlook
the Importance of Portland In any plan
of railroad ' building for the Pacific
northwest," said A. J. Earl In g, presi
dent of the Chicago, Milwaukee ft St
Paul railway, who( came to this' city
today In his private car, over the Union
Paolflo system; and leff this afternoon
for Tacoma and Seattle. i n- W
L Jt lneraUy, conoeded ". thajt ea soon
as construction now under way is com
pleted the head of the Milwaukee will
turn hla attention to the task of build
ing- the Columbia river terminal of the
Milwaukee's Paolflo coast extension.
The company has made extensive sur
veys by way of Cowllta and Clspus
S asses, and down the Cowlltx river, and
as purchased considerable Umber in
southwestern Washington.- as well as
large holdings In Clallum cOunty, north
western yvaaningion. ,
O, X. ft It. IV Z&to Portland. . ' .'
Altltongtt It baa Barer beta officially
announced, the fact Is undented that the
company has well-defined plana for Its
Una to Portland, and that It la simply a
questioa of time and the orerootnlng of
physloal Olfficulties befora the Chicago,
Milwaukee ft St. Paul road will run
trains ever Its own' tracks Into port
SBd. '-V fe' .'-''v".
VThere la nothlna that' can-be said on
the aubiect at this time.. We are con
centrating our efforts UDon'the work of
completing the projects already under
construction, ana cannot - discuss fur
ther plans," President Earllng said to-
aay. :. -t
-ma line
PORTLAND LEADS
WORLD IT! HEALTH
- . ' ' ' ' 4
Statistics'Com'piled, forjia07
Show, Death Rate Only
" 8.23 Per 1,000. ,
Portland's death rate, for ,1907. was
S.2S '. for every. 1,000 inhabitants based
upon a population of 225,000. according
to a compilation of the death records
for the year just completed - ty city
Health Officer Dr. Esther C PohL The
record waa gotten up and forwarded . to
Tom Kicnaroeon, manager or tne com
mercial clubh and will be used to ex
ploit the bcaeficial effects of the fa
mous Oregon climate.
Dr. Pohl believes that Portland's death
rate Is the lowest for any city in the
world the aire of Portland. , Her letter
to Mr. Itlehardson follows: - - -
1 "Tom Richardson. Commercial club.
city Dear Sir Our death rate for the
year 1907 was s.zs per l.ooo population.
This' is probably the lowest death rate
for a city the size of Portland ln-tho
will ba built Into -Butte,i
world. Our mild moist climate seems
to moderate In some way the virulence
of ' Infectious diseases. In regard to
pneumonia the climate la particularly
favorable. In treating this disease many
physicians generate steam in the sick
room in order, to .charge the air with
Montana, and trains run Into that city moisture and produce articifially a con
within the next. CO days. The work is dition which obtains here naturally.
now proceeding very rapiaiy, as ll is
easier to get men and materials. We
Pneumonia is a very fatal disease in
coia, ory climates,.' out we nave naa
expect xo nave xna roaa duiu through to I only 108 deaths from this cause during-
the year. . which with a population of
(Continued on Page Three.)
225,000 is a very low rate.'
FULTON DOESN'T
IIAHT Tn TAI 1
I IU IHU
lift 1
ACROBAT MEETS
II
WITH
ACC T
Evades- Answer -to- tfeney'sl Surgeons Tcrform Eernarlc
Charge That He Handled able, and Successful Opera-
TO SENATE
Panama Canal Bonds Over
subscribed by Millions-
Secretary of Treasury Says
Jlost .Disastrous of Panics
Was Averted. tH'
Certificates Issued Were Dis
tributed in Only Eighteen
States, Bonds Were Taken
Up in Forty-Two States-!
Secretary's Justification. ,
Sack for Mitchell
(Washington - Burets et The Journal.)
Washington. Jan. 29. When Senator
Fulton waa informed 'this morning of
the charges made last night -at Port-1
ton. on Ernest Hempel.
With a broken neck and good chances
of living, t '
While practicing s somersault turn
at Frits's theatre Monday. 'Ernest
land by Francis Heney In a public Hempel, aa acrobat.' fell on his head
?r8.,n -vhllh.'he.Sh,?rgedi.?mi)in5 n4 1 neck was broken. Yesterday an
other things that 'Tulton handled I . .-.r - . .
MitcheU a sack in 1M7.". he said: ... . . operauoo was yenormea ana mere is
X a out know what Heney can bum l every s inaication tnat tna young man
hr aarlnar snoh thlnrs. but X o .know I wui recover'V' (--:'-.:
that. It la ' damnable la him to allege Cases where tha cervical verUbrae of
that X erer , handled any , money oor- the neck, have been broken and, the vie
ruptly, f or aUtokell or anyone else,, or tlra lives are exceedingly rare and there
that X handled any money for HfltcheU I re only a few r persons who have un
"mrtner than' this X mast refuse to dergona such - an experience living': in
say anything1 until ,X ant advised mora I the , world 'today. ', Owing to 'this fact.
fully , aa to ' tho speolflo nature of I Hempel's . case 0- has f already attracted
Heney's ajlag-atlons.'' ' l ;iULmuca;attentlon'amongtheisurgeons.of
'-. I Portland, and should he get well, and
SMALLPOX EPIDEMIC - " 1 relieved that he will, the case will
Cill IXliliX VA lJi.XiJUm.XKJ I be recosmland h. tn nulirlil nrnf.nlim
HAGES AT WjENATCHEE -h it&Mvtut-' C
Hemnel is a German. J 23 . vun
... i a or several weeKs ho nas been practlc
1
(rnited Press Leased Wire.)
Wenatchee, .Wash., Jan. 29,
hools were closed today on acc
theismallDox which is ragina-, here.
bixty caaes have been reported.
a- during the day ' on the atage at
tiiiB piace. w nen ine acciaent nap'
(Continued on Page Five. J
JUDGES REFUSE
TO m REPLY
Dunne and-Lawlor Will Not
, ' Discuss Alleged Con-,
,', tract r With Buef.
: .; (Catted Press, tested Wire.)
San Francisco, Ja-t. J9. Both Judge
Dunne and Judse Lawlor this morning
refused to discuss the statement made
public last evening -. by Rabbi ' Nleto
charging them with entering,. Into an
agreement with Abraham Ruef to grant
him complete Immunity and later repu
diating their alleged promise, - , .,
v Judge Dunne declared that it would
be beneath his judicial dignity- to reply
to charges, but he asserted that some
time in the near future he, would be In
a position to deny the allegations, Dis
trict Attorney Langdon and Ruef were
aasf 11(1 11tf . ' trtHA1tt '",.. ."i-'i 'iwt-.ii r. ,.'.- i-i,.,.
i - Ruef spent the entire morning in his
jofflce preparlnsr 'tor "his coming trial
fand declared that - tomorrow, when his
case la called, before Judge Lawlor, he
I expected to bo in a position to nam his
J counsel.
CARr.lAN ROLLED
RETIRED LEMONS
Los Angeles Women Pelt
Motorman 'With Fruit
, Xo Longer in Service.
?w"v (Vnlttd Press Leased Wire.)
Los Angeles, Jan. 29.r"Soak the mo
torman," shouted a party of women on
East First street last niaht. when thev
charged upon the motorman of a car of
the - East First street ' line and pelted
him with mud and decayed lemons. The ;
car ran aown a neavuy taaen rruit ana
Vegetable wagon driven by a vegetable
peddler. The peddler, with . a friend,
was - tossed in tho air and landed safe
in a' mud puddle. The wagon - waa
turned over and wrecked. Fruit was
strewn on the ground for a hundred
feet. .
i Xbe mfiddy ceddiers arose and bearan
to shriek their grief, while a crowd
gathered, a When .. thef saw the motor-
man take the - heavy - brass controller
and start threateningly, toward the ex
cited peddlers, - many.7- women . went to
the reecue. Led by a pretty brunette,
thev showered the muddy fruit at the
carmen, -who nastily escaped. .
FARMERS WILL" RAID
OLD, MAIDS HOME TO
FIND HELLO GIRLS
(United Press Lessed Wire.) . . '
: Wenatchee, Wash,; Jan.. S9. Old maids
or any -or all girls Who, have given up
' the Ideaof getting married are in da
niaind here. The telephone company is
jj having a hard time to secure operators
L who will not leave them to get mar
. rled.' Last year a bonus waa offered to
jthe girls who would not leave them to
get married. Of all that tried only one
stuck to it aa through the year and
Just after . she received - her prlxe she
took the leap year erase and proposed.
f-.What now to offer as an inducement
to secure girls who will stay is . the
problem v that the Farmers - Telephone
company of this place is laboring under.
It has been suggested that they raid
and kidnap the inmates Of an old maids'
home, and if noining elsa will do, it is
generally supposed that they will carry
out that plan. .
in
Fr;
pened he was dolner his Dart -of a turn
with -John plnard. of 24S Ash street.-'
HemDel's : trick -wan -in hl Ii
Known among the acrobatic profession
aa the. "one-and-a-half." His work was
to spring from tne f eet Of Pinardr Who
was reclining on his back, and after a
somersault alight. on his feet. In some
was Hempel slinoed lust as he lumped
snd the" force of his efforts was hot
surnclent to carrv him to the UDrlzht
position- in. which he had figured to land
on the floor. , 1
AS he fell his head almost doubled
under his body with the result that the
second cervical vertlbra or the necic was
broken, i Plnard went to ithe asslstanra
of nta partner thinking that he waa only
dazed by the fall. Hempel was con
scious, but was unable to move hia
limbs. " He thouaht that his Iph-h hart
been broken. Instead of a fracture of
the lower extramitiH ho was nnralvxfrt
in all parts of hla bodv except the mus
cles iOf his face and head. Hempel Buf
fered Intense rtain In sDite of tha nar-
aiysia. ne waa irk en to ine uooa Sa
maritan hoxnltal vARtArdav.
we were practicma; our stunt and I
was on my back," Plnard said this
morning in explaining the accident.
"Just aa Hempel Jumped I noticed that
he hesitated, but too late. I believe
that he realized that the force of his
spring was not sufficient to carry him
clear over, but he was too far gone to
recover- nis position.
rails on Head.
'And then instead of allahtlnr on hts
feet he fell on his head. I heard some
thine; crack, but. the idea that hla neck
had b.een qroken never entered my mind.
When I went to him he said he thought
hi Ices had been broken. Then wa
called a surgeon and learned of the seri
ousness of-the injury."
Dr. Louis Buck waa called and soon
decided that: an Operation- waa neces
sary as the only possible hope of Hav
ing the-acrobat'a life. Dr. A. E. Hockey
was consulted and yesterday ha ..per
formed the operation.
. (United Press Lessed Wire.) '
Washington, D. C, Jan. 19. Interest
In the United States senate centered to
day la the reply of Secretary Cortelyou
to the resolutions asking him to explain
the methods he employed In alloting the
Panama bonds and treasurer's certifi
cates during the recent, .money jjanic.
The expIanatlon'Vas very lengthy ani
the reading of it: was listened to with
-great attention., -v;V .,.- --
-X was tha dellbarats Intention of
tha admlaistratloa to male tha offer cf
tha Panama bonds mora attractive than
tha eertlflcates, tha purpose being to
avoid tha withdrawal ot money now,
banks and to increase bank circulation,'
reads taa explanation.
' Then Secretary Cortelyou had insert
ed records to meet the charge of favor
itism made against him in connection
with' the distribution of tha bonds an I
certificates showing .- that- the bonds
were distributed in 40 statea and tha
certificates were allotted to 18 states.
ior the first time It is made Dublin
throuah the communication that tha
Panama Issue was oversubscribed moro
men 44 times, tha bids aaareaatliiK S2.-
The secretary exnlalned that In adont-
Ing every necessary measure he felt that
he waa bound to have regard not only
for the operations of the treasury but
for the .effect they would have upun..
the financial. condition or the country.
Secretary - Cortelyou- declared that- ha
did not assume the obligations willinalv.
and that he would be glad to be re
lieved, at least, in part, by suitable leg
islation. He exDlained . to the senate
that the administration should be alven
full, credit for. preventing; a -disastrous
panic and adds: , ? . ,
.-.The issue of new -securities bv tha
treasury department was influenced bv
tha conclusion that it was advisable to
take soma strong steps that would con
vince the people at home and abroad
that the government was alive to tha
situation and determined to give . aid in
every possiote zorm tnat was legal.
not.
(Continued on Page Three.)
most potent 1 weapon to brine-.
sucn a cnsia 10 an ena is more often
the moral assistance that la given, than
the definite action taken. '
f His Justification In taking" vigorous
action to arrest the panic waa based on
what he declares waa tne disappearance
six : weeks after the suspension of th
Knickerbocker Trust company of 296,-.
126,469; . which he Bays represented a
renin or ine enure money circulation of
the United States, He declares that
the gravity of the situation , was fur
ther enhanced by the Tact the pressure
upon the money market, waa not local
ized. It Was after the enormous publin
deposits failed to Check tho adverse cur
rent that he. decided to issue Panama
bonds and certificates of indebtedness.
EXPRESS E0BBEES ARE
CAUGHT .BY OFFICERS
(United Press leaned Wire.)
Mansfield, Ohio, Jan. 29. Carrv!-.
J3.000. in gold in a grip, John M.m .. ,
and Joseph Stephens were taken fru-,
a Big Four train at New London, charg i
with stealing the money from tha An
ams Express company's office here at
midnight J; Earl McGlnnity, a clerk i i
the of flea has been arrested as a con
federate, The thieves pushed B!Mn .
package containing 40,000 to get tl 1
gold.
NO DUTY ON GOODS
- FOR JAPANESE FA I II
'" ... , ''.'. - -
- V ((.'ntted Prues Leaned Wlr
Toklo. Jan. 29.-.Th 111 t..,. . v..,
today which provides that ,n
exhibits to the JaDaness pit.,.. !, t., 1
19H will be exempt from cusiuin. 4
PRISONER ESCAPES
FROM STRAIN; DRAGS
16-POUNb LEG S-C-
... . . ......... ...... i ;-.!- .. I'v - ' . . .'.v.' . .....
(Special Dispatch . to The Jooroal.)
Albany,, Jan.. S.--With a It-pound
steel bail dangling- from hla leg, Henry
Martini a federal prisoner, escaped from
the north, bound train here this morn
lnsr and ran four miles Intn thA
HJEARST-JOURNAL NEWS SERVICE PHOTO OF ADMIRAL EVANSVBATTlsmiVCONNECTICUT COAL- try before betnrf captured by the local
.j - DfO AT RIO JANEIRO FROM COLLIER. - ' ' fcj ",
with a rock after runrlng
Martin was scntenc-ri tr riv
Imprisonment In Neva. i t r a
flea robbery and. was I - 1
here on account "t li.H I - it . 1
the prlsojin in tl-t " . i
the cuwoily of . i .
other offlcira. It ! .
occurre 1.. . .
9 - SMM fa' VUUI41 9 tM9 frUHlii