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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 5, 1908)
THE OREGON DAILY JOUftNAi; PORTlAND. WEDNESDAY EVENING, FEBRUARY ' 5. 1C03. mam. OF HH w IN EGII 1 0. Rilll - w m HENEY FLAYS HALL IN HIS: OPENING ARGUMENT Orders Issued Today by General Mana ger O'Brien Lewiston Branch for Compiet ion of Riparia- Two Large Bridge Crews Leave Portland' Tonight. Edward Sweeney Rcccires Three Bullets From Hand of John Donahue, Ills Says People Do Not Enjoy Liberty Because United States District Attorneys Are Appointed Through Crooked Senators Office Used f or Political Ambitions.xr "AT HOX.E WITH THE GRIP'JL 'I Depot This Afternoon. Holding John H. Hall up to tha Jury , , -r tm r l ' I " " "v uu uaau mi luiiw ur tousin, at jenerson oireei political purposes and for advance- or nie own personal ambitions In atM4 of for tta protection and relief of toe people, pointing to him aa ona of a clsss who, appointed by the president upon tho recommendation of crooked senators, vara responsible tor tha cor rupt condition existing In government offices and scoring him for neglect of duty and protection of crime, Francis J. oha Soaahue. who aac dwrd iwNMf at tha Jefferson street depot hla iftnuin. m oaatured by Oaotaln of Detectives Brain asd a Joarnal re- hi r"rae$ ,or tb portar ta tha Exchange saloon, lata Ordora war Issued today by Oanaral Manager J. P. (Brian for completion ,cf tha Rlpsria-Lewlstoa Una of tha Oro- : von, Washington A Idaho railroad. Two '.' flarf a bridge gangs wlU leava tonight (or Lewlston, and bridge ataol oonatrnctlon gangs wtll leave Portland later U tha week for tha aama plaos. This 1a tha . flrat Important evidence of resumption cf conatructlon work on tha largo plana of tha Harrlmaa lines in tha Pacific , 'northwest It la aald tha RlDBrla.Lawiatan Una. At mliea, will ba completed and opan to irmxuc oy aaay is. in rirst Dig svent rf Interest- to tha commercial bodies cf Portland and . Lswiston after tha opening of tha Una will ba a monitor teursioo of Portland business man to ,the inland empire, ' with Lewlston aa the objective point. Conatructlon work on tha Lewlston nd of tha' Una waa called off laat fall t tha beginning of tha financial strin gency, leaving- tha Clearwater river and considerable gap without track. Kver alnce that time the probability of ra uniptlon of tha work naa been of deep eat concern to Portland and Lewlston business men. , Chief Engineer O. W. Boachke of thai O. R. ft N. company, under wboaa dlrec- I tton tha Rlparla-Lewiston road haa bean engineered and built, aald today: Tho work wUl ba puehed aa faat Cttndltloaa will permit, and we hope to hare tha Lewlaton bridge built and tha llna open for bualneea witnin u anya. if weather permit Two brtdaa ganca leara Portland tonight, and a ateel oon atruation gang will leave Friday night for Lewlaton. Tha work la fully or ganlaed, and we expeot to make good neaaway. eoution in the John Hn thm morning. When noon eame ha waa only wall under way. and may have to hold cloee to tha maae of evidence Intfoduoed by him In order to flnlah by tha time for court to adjourn thla afternoon. The defenaa will bavin ita tHummii with whio. m .booting S""?;. &&&WZ: Ponahna had paaaed down tomorrow will ba required for tho ar- faoadawi toad, abont 130 o'clock. Don aha offered na realatanoa and ahowad ma had baas dxtaklaf . A M-oallbM ravolrer waa fonn la waa dona. Heymans Will Probably Es cape Punishment for Al leged Criminal Operation i to apen3 a moment in iallT Didn't ha know that an Oregon Jury would con- woild aVnd them Ja? foraI(year0for -District Attorney SCOrCS fence T" v . , Orookad eaatora tha Oanaa, Didn't theaa poor man who had to earn their bread by tha a want of their Drowa wnta tnat tna rovernment waa fexung rotten arter they nan lanorad or montha to get aome rallefT Teat it Doctors. get aome rallefT Teat It I a. t. ... ... i. . a 1 nv. . . ii cetUnr rotten whan a. aorernment I ' . " "'aB .- -n-w woman, i recommand Hood'a offloer courd not ba aotten lo do what I oaminj tna parformanca of criminal op I to, ail who want a .1,1.. he ahould do to protect tha peopla of eraUona that In aU probability Erneat Durell NuMord. Clamont Va. for hundreda of vaara" to 'mtn thaU51i??'rmn fo"rty manager of tha X- Hood' Saraaparlll la aold aar. grea of llbartv wo ahould enjoy. And I inatltuta. will not ba oonyicUd where, . In the ueual liquid, or In taL do wa anlOT ltT Unleaa ofdoara do thalr I Of cauainar the daath nf OnMa. naarlaiul Mat .n.. raun wno have a worn to do their duty I lw"7 manning aaya tnai 1 tnen .tna government la rotten. And I tna jaw of tha atnta ara auch that It Thla la ao general that in floea gnd, maroantlla houaea buainaaa la aJraoat tuapandad. Tha aDid.nna rtt break tha record et that of 1J9, tha worat In hiatory. If you ara drw-v languid or low-aplrlted. if ' y0u have headaoaV backacha. orhj-a . AA A.I ..." "'"ft e a aoaa or uool'n Piiia tA MIMA kA.1M ... " wvw man oegin traatman. w.ui uooaa Baraapariiu, tha foe to tha arm ..mi u im pjood. and the beat appetlier. atomach tonlo and atrength giver. ? .. r ... . !. - . ; " ' A Bad Attaokv"! had k'. tha grip, ,,,0't . bottl. otaooV; Saraiparllla and it saved ma . w.T. lAern af 11 wti m . - " k ma mora good than an other medicinal v. . L"n- Bmyrna, Pa. , ...... " ' A Oood Jtadioina."! Waa down' with tha grip aod bottla of Hood'g ,.! parllU brought ma up and made ma t eel ;'. Tha wart of bridge conatructlon and baflaatlng of the remaining track wlU require about ItO men. The Lewlaton brfdae atoel la on tha ground. The bridge Will conalet of five 110-foot apaaa, and a 149-foot draw apan. Tha bridge la a modern atrueture, on oon crete pi era, and will coat $380,000. About If mllea of tho track at tha Lewlaton and of the line remalna to be ballasted, and of this there Is now 24 miles of ballast distributed along the rrada. The work la expected to Pro ceed smoothly, and if the frost leaves the ground reasonably early next spring the line will be In operation early In May. giving Portland tha most direot and rapid rail connection with the Lew iston country that Is enjoyed by any other larae cltr In the northweat It means a very urge increase or business between Portland and tha entire dear water basin of Idaho. tha railroad faak as fa as Eimmer man'a paokmg plant, where ha left tha railroad -ana took taa road. Captain roia and tha newspaper man tracked aim to tha aaiaoa what they fonnd Man (Uletly attttng at a taMe, Joha Donahue shot and probably fa tally wounded his cousin. Edward Sweeney, at tha Jefferson street d gument to be made by Judge Webster. Mr. Utntr will than close, ao that It la not believed tha ease can ba seat te the consideration of the 1u kmtnrm aTway. Salay Arrumemt for JJrvldeaoe, Tha court room waa packed this morning whan Judge Hunt took hie plaoa on the bench. Soma little time was lost wliue Mr. Hener and Judse why la It rotten t Because tlnltad Rtataa ft&WY apporatad by tha president of tha United flutes upon tha recommen dation of eroAka TTnltait R.t.. umih not no uair amy, nut use their or floea for tha furtheranoa of their po- uuvA wni ana amgiiiona. ia mmoat impoaslbla to eonvlot any poraon aocuaed of such a crime as Hey mana is supposed to ba rulltr of. "Not only are tha laws inaufflolsnt bat repuUble phyalolana stand by ona Mr. Heney then went into tha discus-1 aaotaar and by these miserable crlm- I Sioa of tha roups and plats which had Bf.nt to UjJii by the settlers In tha Tlolnlty of tha 8 1 el war fence. Through, out bis addrese ha kept close to the maaa of avldenoa which had bean intro duced oy ine prosecution, taking up the varil I J!."? wuua jar. nener ana juage I ca oy me proaeonuon, taung u Webster considered tha Introduction ot I oorraspondenca and reviewing: tha epot soma letters and telegrame overlooked by step up to tha and. by tha prosecution and dealing with the Instructions Issued br tha lajid nfflca wmw aitretxora and C B. Loomla to ,l OFFfRED TO BE flTTORHEY Wired Members of Delega- v tion Last Saturday Ask . in to Be Considered, 10 JUDGE SOIIII at 1:10 o'clock this afternoon. Donahue shot at Sweeney three times, aaoh shot taking affect. Ona bullet lodged In tha brain, another paased through the cheek of tha victim and the third Inflicted a flesh wound la tha arm. Sweeney waa taken to fit Vincent's hospital. Sweeney waa a a oca sweeper em ployed br the Southern Pacific and la about 81 vaara old. Donahue Is a younger man, aupposed to be about ti that ha considered it to be his yeara old. Sweeney refused to sudoIv do 80. Ha aald that nlnca tha a Donahue with money when asked for it, in a casa, even with the evidence and uonanue thereupon ana took aeuoerais head. Donahue Is still laat eean going south an tha rallroait track t In pursuit. .Donahue lives at 186 Clay of opinion therefore ha felt It hla duty street ana suDDorts a runny, wane 10 rnww ine case 10 refresh the rnem. Sweeney Is unmarried. Donahue, it la I pries of tha Jury on what had bean mefute Bristol's The decks ware pi eared for argument begin tha InvestlgaUon of the 8t.lwt vLuF.T"."1. th. ;fn; fencing case. Thla waa Introduced to L?r, atrP.V i"".1 PrlSr 4 d' ohow that It had been tha land office N0"".?,?. A"r o'clock. A reoesi huUs and make It Imnoaalbl to aanura a oonvlotlon," ssid tha dlatrlot attorney. .Heyroana is believed by Mr. Man ning to nave gone to Seattle, while wao anow nxm aay mat na naa not left tha olty and it Is aald that ha Waa Been In tha mnma of tha V.n.rflunt institute laat night Mays Xeymaaa Was Drank. Accord ine- to Dr. nraotlna a. ahnrt tlm. o,iHeymana was intoxicated during I tha time Miss Rowland waa in the ln- was dying ha HUGE GRAFT III CITY'S BOHLES Sh! Cork It Up, It May Leak OutAwful Discorery by Councilmen. 11U1I1 III I 1 I'm I - . . . r T www -mm ihsj II Ha SB BVI IBim HflWIBIIil and not Hall who had sent the special JoJock .11 "k01?. M 14 1 while Vhe ageuta Into tha field to make the fnvea. orA,.r. Uow tprnoys I sod an assistant erta tigatlona into the Stelwer case. IJr..?TV "ainianM ana thus ODemtlnn- table rdnk..T 4UT""B ox In beginning his arrument Mr. Henev 'i'-A". ??F LP"-01"?" tha. Jury, tfmaa. wnlia tha ohfSVnSU-iVrK ... "euioas employed by Snpartntand. Councilman WUls suted toda tha S5!l.Jifc 'rom h ,BUn4 t0 rap lnvastigauoa of told the Jury that he would their time were it not for the nr. Money T cnlaf hannlni f Tnf.Vt Ti.rJ wnu cblorororm oloth was ... - " 7 " J. ' nieno. .hhlri? thiaftaoonPIlo wsTWfflhl JF" br WunUi Cramatory C. I Da.,.tt te die- a du ?o ?a,d9 Vr tna teatimoay gufcr the hJhwf? BPPmjrlM. nnn poate ' hotti out to the era- tssjrst SSgSTX tl,,,., to sot uu a ui 11 an ariiir 1 -nPAna ainiaw anuu aias wsmaai sit ins npaimsif aims w.yw .... Bu ..... ..w.. iiiBir iiujwiiar.17 I H H..,k. ' w a never before heard of 1 yesterday with Counniiinan aim at uweeners wim tne lesumony, couia not remem-1 i.Z7 r. Mary Lana. or the X-Radlum, m- ai. . .Z Z " oar in or tna poinu It could not be ex-1 nrtati rii-in IT. -ZZ',.. .Tla lTr etltute and supposed that both namea . . TO Jun n carung away a at large. He waa paotod. that the members of the Jury FJiiiA'iJT.Jl110" '?'.: stood for all tbitT iTTeiSt.M- i"S!aS! o4 of bottlaa, for which ha .m ...t toward Fulton oould do so. Leat aome faulty memory 7".' aKiW2..?Cf-"i ! iclna. ' IS or ti. u, win- -ia t tnd officers ara or conruaed evldenoo causa a dlffaranca I """w ""aim nu onimma I aed Bweeney prior to thle him with a belaylnr pin, was wsrned and did not Tha appointment of T. J. Cleatoa to tha United States district attorneyship to succeed W. C Bristol cams as a sur , prlso to. tha Portland polltlclaaa, as it was not known that ha waa aa appli cant nd his name had not been men tioned in connection with the appoint ment Tho new appoints had never been identified with Sither faction of the Republican party in Multnomah county, and it was not known that he was on , peclaily friendly political I Baker City Ministers Be- tract Statements Made in "Pink Circular." tapedal Dispatch te The Jooraal.) Baker City, Feb. 5. Discovering that they had unjustly accused Judge Wil liam Smith la their "pink circular." tha Baker Ministers' association made tha following public ,apol ogy : "We, tha Ministers' association, have become thoroughly convinced that tho charges la tha circular against Judge Smith ara untrue, and therefore haaten to correct tha aama. Wa are convinced of the error for tha following reasons: Wa obtained a friendly interview with Judge Smith, after which wa made a further carefuMnvestlgatloa. Wa found two well-known attorneys In the Fuller case who gave us tha unqualified dec laration that during tha aocond trial of the Fuller case, the trial in question. Judge 8ml tha conduct waa absolutely uminwuwn, jtiau ma jurors, aa iar as interviewed, aay the same thing. One of the attorneys in thla trial further aald that Judge Smith waa the beat Judge ha ever saw, abaolutaly fearleas and Impartial. -we ruruier apologise to tha Judge and to tha publio for allowing these charges against tha Judge to get into our circular for tha following reasons: 1. Tha charges wera entirely Irrel evant to the purpose of our circular. Judge Smith believes In tha enforce ment 01 viia laws as much aa we do. X. Wa blundered in not seeking an Interview with Judge Smith before pub lishing anything against him. We did interview the other officials whom we mentioned. The blunder evidently was .? ih.r.ourh. tne hurried manner and limited time In which the circular was said, threatened Sweeney prior to thla ana laid tor but Sweeney fall into the trap. The refusal of tha demand for money la tha only aDDaront cause given out ejection foreman jonn nmitn. wno was an eye witness to the tragedy. de- Claras Donahue ahot without warning. Smith was In the freight shed with Sweeney when Donahue entered. now ao you aor sua uo nanus 10 Sweeney. wow do you do 7" Sweeney replied. Donahue than turned to Sweeney with a look of contempt saying: wno tne n are your With that he leveled hla weapon and commenced firing. Three shots rang out In auick succession, one bullet tak ing effect In Sweeney's head, on la the cheek and the third In' the arm. The wounded man fell and Smith hurried from tha ahed, fearing that tha rtaltor waa bent on murdering everybody In sight Smith aays Donahue also hurried from tha shed and sped away In a northerly direction. Sweeney had befriended Donahue on many occasions and sent him money to buy 111s way to this country, so mends of the dying man declare. Donahue, on tne otner hand, tney say nas been a worthless character aver since he came here and a source of much trouble to tha man who befriended him brouaht out in the trial of tha i-iu "But first." he continued, "wo onht to start with a perfect understanding pf what tha government la attempting to prove, a conspiracy to rence the land of tha government, between HalL Stelwer, Hendricks and tha others, and mat may naa reecnea an understand ing. 7If wa prove that Zaehary, Hendricks and Stelwer had put tha fence up to en close tha lands, tha next thing we must uira immunity ir no miM iMMma a witness for the government Bristol de nied that he had discussed tha matter with Hendricks and aald that Hendricks had coma to his office the evening of August 4. when ho had complained at the injustice of tha verdict but had not aiscuaeea oeoomtng a government wit ness. Mr. Heney In order to sustain the credibility of his witness, Hendricks, put wicnesses on me stand to contradict the evidence of Briatol and ahow that ha waa mistaken about the dates of his conversation with Hendricks and there- although at that time ha knew that an f?1".,0' th orornatory had been in prove is that Hall understanding ool- iSlii i? JJt "JSli!!? fV th '.V fuded with them; that he refrained from 0,,t!"( notJ?fir.1r'er U J'lna,M"17' taking action knowingly." Tho Government's Contention. "Wa do not expect to ahow that ba ex- pectea to control Bteiwer s vote but that no knew the fenoe was up aa early at 100, that the lands wera taken for the pnrposs of enclosing tho government range and that knowing these things secretary, testified to having discussed tha proposition with Briatol and having on i a xeiegram 10 neney easing ror in structions after having been directed to do so by Bristol. Bristol had denied having directed that such a telegram ba sent Horace Btevens, formerly a news- operation had been performed, and i,?, I1",0."0 of llin bottles and dl- anew mai me gin naa aiea in Hermans' I """"r. hospital. ' The councilman questioned Daggett ut. uora Talbott whose name was I "ir" ,"'T f ,roc?ur ,d said that Dag. in cuy cnarter provldea ; Pronertv ahould ha M as she found out that Mlaa Rowland Mr- Da-(tt then explained that ha had uotii murm 10 secure niaders in re Ply to the advertlsemanu and that tha men had aold tho bottles and kept tha money. war1?,t.,.approT of such methods." hald MfT Wills today. "That money be- lonSB tO tha cltv an4 IT. Ti-..... I...,. . the papers to prove, however, that the a well have turned tha 'money over toW sin gave air. neymans lit and that ma olty aa ha oould to tha employes. J ' her mother paid hla wife MS. I can Tha whole affair does not look right to h' also show that I had nothlna- to do with me and I Intend that an inVa.n.iA . never posea as JLr. Mary snail ds neid to determine whether or i Dr. Cora Talbott, whose name was "f?" forged to tha death certificate, and who f!1: to,',a h'm ,lUI51,n,llftUnaea n rCaays that ci1 , she had nothing to do with her aa soon SUrJt hi. mm sn xouna had no money. ITO Money, iro Treatment "I found that she had no money tha urst lime j uuaea to per." aald Dr. Talbott this morning, "and then I amppea tne matter entirely. I nave he waa playing politics to this extent I paperman, was called to fix one of the inn wnen tne amies or his omce I aatea in tna controversy, and then T. U. PROMINENT MINISTER DIES AT BELLINGHAM (United Pre) Leased Wire.) Belllngham, Wash., Feb. (.Ending a career aa a minister tnat exienasa over 40 years, death came to the Rev. Will lam Addison Sample yesterday evening at nia nome in boutn .ueiiingnam. ueart disease waa the cause of the death. Mr, Sample was one of tha beat known pas tors in the Presbyterian-church in tha western part of the state and had reached the age of 70 years whan he paased away, Forty years ago he was ordained and began work aa a mission ary In the church at Fort Worth, Ar kansas. The Rev. Mr. Sample was born In Charlotte, North Carolina, June 26, 183B. brought him Into conflict with men of political power he stalled In his duty until ha could drop ths case and he vio lated the oath of nls office. We expect to show in tha Burke and Goslln deal he laid down quirk because Burke and Ooslln were men df political Importance, because Hammond and Fulton put the political pull on him. "In this case on trial here today we will ahow that Hall learned in March of 100 from Hendricks that Stelwer I tence until he oould oonfer with Heney $. With humtlltv fnnf... .,k. SeV'2rVfcwVo POSSES HUNT ' ir..,v"- ,y nr , ln condemned men,. Fuller and Parker, to creep into our circular. We absolutely abhor such a proposition ss fellowship with crimi nals in so noble a cause aa that of law enforcement and civic righteousness. , . w .wn,t nothing . but what fa a.hailtitaTv .l.ai. mA j- " . r supporter of Senator Bourne in his I and im: wa want .. nkii. . ' I itk n,,..,. tik . tri h. .71. Dl.ri?ii 1 - m . " ior rair piay and that ia"t septemoer. we was located yes Ihl rf,n. awtJS? enlcn Uoket I ?SSJJi frless and vigorous to terday near Cascade. Mosney Cool "ZTX ' 10 J?h :'' '""' -yC T. -J. Cleeton. terms with any member of the Ores-nn delegation, although he was an active I OUTLAW IN MONTANA (Dnltd Prcu Lured Wire.) Butte. Feb. 8. Three posses are searching the Bear Tooth mountains for Bill Mosney. a half breed outlaw, who is righteous campaign against the lawless uircii iuwn poucy. we tnanic the publio for the encouragement given the move ment thug far and we aimra than ih.t they can depend upon us for fair play. Respectfully, the Mlniatere' associa tion. T. 8. Dublin, George R. Varniy I J"frV ringer, r. Hayden, D. D. It is rumored that the tun ih buv WJU pubUB wolutlons in Judge the June election in 1S08 1 When awen this morning Mr. Cleeton had the following to say regarding hla v selection by the delegation for appolnt ment: Saturday, last, I sent a tele--. gram to each member of the Oregon del i egatlon, aaylng that I would like to be , considered an applicant for appointment as United States district attorney. I see from the press dispatches that the delegation has united in recommending my nam to the president and it is ,: reasonable to suppose that in due time the president will file my name with i the senate. I acDrehend no trouhla In i being confirmed by the senate, as my : personal and political record is clean. "It occurred ro me that the name of a now man was required to settle the controversy at Washington over the dis trict attorneyship, and on that theory : I announced my candidacy to the dele nation. The -entire detention are mv personal and political friends. I have aiways Deen a MepuDiican ana neveryT bolted the party ticket I never lined KUier EiPreSSeS Gratitude tion, but was always a supporter of Senator George W. McBiide. and placed hla name before the Joint convention of tne legiaiatttr in 1895; when he was elected to the senate. "Of course I don't know anything apout when I ahall take charge of ther Throua-h tha i..,. 0 office, that depending entirely upon tha m J? . I? latlon of Sweden at action of the authorities at Washington. Washington his majesty. King Oustav .-.Y.,ra the delegation at Washing-J V thanks tha people of Portland and their todorseniin' l"3 i messaw o"50n ror tn WP-thjr expres.ed in a iV .i v' f1"0" "1 'ota definite I wr"-m on Account of tho death of PORTLAND THANKED Br KING Of SH ook refuge In a ranchhouse, and from the upper story rired on the deputies. wounaing james uowaney, tnen escaped on a horse, the posse firing after him. One posse Is trailing him and another has cut through the mountains to head him off. A third was organized this morning to intersect him in the moun tain pass. EX-CONVICT SHOT FOR BLOWING SAFE for Memorial Services Held Here. Information on "he subject EAST SIDE HIGH TO . HOLD COMMENCEMENT The first commencement .......... tha East Side High schooL T U Tha lattar from tho legation to Viee b. in th. twaiS-vSi Cb,ror th" " tha lata Xing Oscar It On the evening of December 11 190T. Bweaisn-Amencans Of this city held memorial services in respect to the uiwnury 01 in ibis ruier, ana the cable. gram Of sympathy was forwarded to the monarch s son and suoceesor to the uirune, uusiav v. ' the to sincere mony for the new echooU wUt ba fcaia ... 3y .th ordr ' hl tnajesty. . tomorrow avonlng at t o'clock. rw ' k,n. 1 herewith have tha honor ' dress to the cjass Vn? he m C.?nvZ7 7ou majeaty-s siw ci. iaviu a x. jisoopaa Church. In th. M int V .iT. . ' , r wiesram on ac- absenee .of jChalrman Wittenberg. VuM Itlnr rr liis f majesty. Campbell of the board will present thil "fi.1,1 '" ' . ' 4inlnnua Ml.. T .V. SL """"l ltl I . . fleaSS also Mtnm. V. I. 4 lplomaa.i;Mlss Ossl Bartlett rrwn UitS?'!, V;9 .con!?'L h,B Jeotys J. Zan will furnish tho musical is: Kit, rt- m"?o wi' wl English Department Edwaril Jam..! - ' r SKONOREN." Read. trum, Eva Irene Fortmlller. Kate e I t.S2?r ? h JqurnaL narticulariv Hick ing, .'Robert Xynch McDonnell. hi meHow"S2.,5! . the the Journal V,;KAIbrt VWlm ni Pau d lb interesud in th-?11" ,nc "UI McKercher. - l.,i.,n hlrardeUl fVvn utxnian i panmem aipn H. BaQgh-1 thla issue. k.i. .ww,r pagi ir'l'.'W-.a'W- Xrla- H'rrr Ai3er dol'arS offered P folS 'u .mau i'nariai C ver dollara is offered to Tha iil.ri-"" v5r supplies a missing lino.!1 per,on. wh0 (fhitttd PrcM Ltid Win.) Btocmon, uai., d. trea Ellis, an ex-con vlot. who has done time at San Quentin and Foieom, was shot in the Elite saloon this morning after he had blown the safe and was In ths act of mucins; away with 11,000. it is believed ne win recover. Ed Lavln, proprietor of the Elite, ahot aa tne latter was in tne act or remov ing tne sack or money. SHOT FOR ENTERING HOUSE BY MISTAKE (United PtM Leased Wlre.l San Jose. Cal.. Feb. 6. William Coolev. a Stanford Student from Kali spell, Montana, was ahot and killed early this morning at Palo Alto, while entering by mistake ths home of Walter Uhlman. Uhlman thought Coolev a burglar and fired at him. sending bullet through his head. was SENATORS IN FAVOR OF JAPAN EXHIBIT rrjnltaa1 Pwm taad Wlra.l Washington. Feb. 8. The Cullom bill appropriating 1160,600 for United States participation in the TOklo exposition waa raoorten ravoramv tnnav nv tna senate committee on foreign relations. Falknor Out of Politics (Special IMnateh te The Journal.) Ivmnlt W .h W.h ft. A..f.takt Attorney-Oeneral A. J. Falknor. who has had charge or tha legal matters of the railroad commission, will retire from offlca March 1 to accent a coal tion aa counsel for tho Seattle Elestrlc com pany, and ' Attorney-General Atkinson has invited the railroad commission to select his successor. Mr. Falknor'a resignation means also his retirement from Dolltica. . Ha was an avnwjul ran. dldate to succeed Mr. Atkinson, who It il r 14 w wgumt canaioaie for governor. - J was to be the state senator from Wheeler county. Hall did not want to antasonlM the politicians. Tho moment it was suggested to him that he could usa a lever on Stelwer through the fencing case, knowing Bteiwer to be an antl-Mltchell man, he concluded not to take aotlon in tha fencing case under investigation. If he then knowingly concluded not to Interfere with that fanes constructed by Stelwer he be came a party to the conspiracy, even If they had never met They mav have Sursued entirely, different paths, but if iu object was accomplished then they became conspiratora. If by refraining from notion he aided them, then he is guilty. It makes no difference to him whether the law was a bad law or a ?ood law. It was his business to en ores ths law. Heney Outlines Defense. I croDOse to show you by Hall's own testimony that be was In the habit of conatruing the fencing law strictly when it did not interfere with HalL In the Brown case It was a chance to help Hall by prosecuting and he did it vig orously. We will ahow that Hall got ready to act on the little fellows, but there was always a good excuse for ths big fellow with the political pulL "Now, then, let us outline the de fense," said Mr. Heney, turning to the other Bide. "When a man is charged with a crime he can only plead one of two things, guilty or not guilty, .now, if ha pleads not guilty when he is guilty he can do two things, either trust to luck and hope that the government will I not be able to make out a suffciently strong case 10 cunvici mm or, aiiar listening to all the evidence which the aovernment had to offer, he can take the stand in his own defense. "It takes a clever and a cool man to take the witness stand in such a case. one who can think clearly and who can admit all those things Which do not harm his chances, explain those thlnars by which he might be bound and deny all those high points which would convict. 'What are the hlRh Points In . this case? The. letters that Putnam wrote saying that he had secured a map from tne land ornce, marked it wun tna Illegal claims and fences and sent It to Hall. That Is one of them. So It struck Hall who is a lawyer and knows about such things. 'If I received that map which Is a full basis for an action either civil or criminal, and did not act for a year when I had It In my posses slon it will convict me. So I must deny it' And he did Denies Loomis Conversation. "Mays, who haa escaped from thla case only to plunge himself into a per jury charge, denied it But we produce the man who made the map and ahow that he mailed it to Putnam who In turn mailed It to Hall with all tha marks upon It, and all thla dona in August 10. At that time, tha witness any way are absolutely false and she iveunausen told or havlnr seen Hen dricks call to see Bristol on the night of August 10. He also said that Hendricks had not been in tha office on the night of August 4. Neuhausen alao told of bavins been nresent at a meeting be tween Bristol. Heney. Hendricks and Rlttenhouae when Hendrtcka told of his visit to Bristol on tha night af August 10 and of his having then been given tne promise of a postponement of sen- regarding his testimony, Heney Telephones. He aald tha next morning ha received a telephone message from Heney, who waa in Ban Francisco, directing that the Hendrloks sentence ba postponed until his return to Portland. He had received the message Just before- the opening of oourt on August 11 and had sent Rltten houae to tell Bristol who had In turn asked that tha passing of sentence be put over for a time. H. H. Hendricks , was recalled by Henev and testified ythat he had made his call upon Bristol on tha night of said, Bristol told him he would have to telegraph to Heney before promising anything, aa Heney had charge of the case. Heney then took ths stand himself and waa questioned by hia assistant T. C. Becker. Heney aald that Neuhausen had been associated with hint in the cases. He had, however, never taken the Initiative but on all matters of Im portance had consulted Heney before making a move in one of the cases, this applying particularly to those caaes over whioh Honey had assumed abso lute charge. Ha told of having reoelved the tele gram In regard to the Hendricks matter, sent August 10 and of having much dif- ricuiiy in getting tne wstrict attorneys office in Portland before the time for oourt to open. Heney said ha had re turned to Portland August IS and at that time had discussed the Hendricks matter with Bristol. At the conclusion of Mr. Heney's testimony ths prosecu' tion announced tnat us casa naa been Closed. Bristol Again om Stand. Mr. Bristol was then pnt on tho stand by Judge Webster. He said the Hen dricks verdict had been returned the evening of August 4 ana that Hendricks naa. corns to see mm in nis ornce that evenlnr. He had comnlatned to Briatol Sbout the injustice or the verdict and ad discussed the probability of a new trial, telling of allegations which he In tended to set out in his motion for a new trial. Bristol said he had not seen Hendricks after that until he had come Into the office after Mr. Heney's return from San Francisco. After Mr. Bristol had been questioned Judge Webster called R. L. Durham to ths stand and questioned htm regarding the testimony of J. W. Heltfeiok. Dur ham having been ona of the grand Jury of March. 1804. Tha purpose of Dur ham's testimony was to sunnort tha con tention of Hall that Heldalok had not implicated epeciai Agent ioomis in dis honest practices, but had given Hall the Impression that he had fooled Loomis that and Lane." It la probable that tha City and Coun ty Medical society of Portland will take up tha matter at Ita regular meeting tonight and that soma action will be taken by the society demanding that the questionable hospitals and Insti tutes, of which there ara Several in Portland, be suppressed. A year ago the aoclety censured tha district attor ney for not dosing up the Illegal places and atopplng Illegal operations. This has smart ad tar anma tlma anil Mr. Manning declared today that he not the City can take tha mnnav m 'This orematory proposition does hot look good to me anyway. Kurrint.nt. ent Daggett has asked for 11,500 to Improve ths roadway leading to tha era-, matory. I mads an Investigation yes terday and am satisfied In my own mind that 26 cents is about aU that la needed. Mr. Daggett saya tha roadway Is rotten and should be replaced. I found but ona plaoa where such Im provement would ba necessary to make tha roadway safe, and a piece of wood sr declared todav that ha six Inches bv si Innhaa .. trvuui ymia xicyiuana wc nora ana iry 1011a; properly piacwa WOUld remedy this him whether he could send him to the defect uuy mis penitentiary or not. "In regard to selling bottles I think Seliawaa Wa taMU flanfaaaL Mr. Daf graft haa taken tha wrnna "I believe that he win tell everything L' n$hJl yMbwlilc b.l col1i 1 knows." Said thsT district attorney" i?fi,yJu"1 moBr into the oity treasury, ne at jaaat nas no rlxht to ha knows," said ths district attorney. "and that I will be able to exnoss tha practices of soma prominent cltltena of Portland that will make tha biggest scandal this city has had for some lima Too many doctors whose names are high In the community are playing the same tricks that Heymans is supposed to have turned." According to Mrs. Catherine Rowland, the mother of tha dead girl, who saw District Attorney Manning this morn' Ing, the charges that her daughter was a delicate condition or dishonest In In allow tha men to take it I do not know whether Mr. Daggett got any of tha money or not and do not care. My In terest is to sea that tha city gets it and I am going to ask for an InvesUga- uuii uii wui ucciue tne mailer. Efforts to looats Mr. Daggett this morning to get his side of tha question were unavailing. Ths Sale of bottles left on tho dump has been up several times, and Mr. Daggett has told tha councilmen that ha often advertised tho bottles for sale, but had not received bids in reply. Several months ago ho asked tha council to advise him In tho matter as to how hs ahould proceed, but no definite action waa taken. Noth ing was said at that tlma about aalitna- bottles privately and dividinc the honest will try to aue to make good her daugh ters name, one Believes tnat the gioi was deceived into having an operation by tha people at X-Radium Institute and that the operation waa entirely unnecessary. Dr. Eiaen also saya that ths operation money among tho olty employes. was uunKwurr. "I waa called in to aes ths girl by Heymans," said Elsen, "on ths day she aiea. ne tola me he had a bad case ana askea me to come un and sea it went up to the institute and aaw that tho girl was dead.. He wouldn't believe it nowever, out said that hs and his wife and an assistant had tried to carry her away from tha operating table and had dropped her aeveral times. I exam ined her and am surs that ahe needed no operation at tnat or any other time. f TWO ENCnfMHTS . AT nM LAKE no operation at mat or any otner time, ct 11 vr 1. . J I believe ahe waa frlshtenad into tha SmnllAP NnTTinAr AT Hit A "das'-": m ifieia, to intensify .. fee. Mads On Oertifloata. Coroner Flnley sticks to his state ment that he never heard of Dr. Mary Lane or of the X-Radlum institute. He says hs supposed that the institute was a perfectly conducted hospital. The coroner admits that contrary to tne ruie 01 me oince tne death certlfl Instruction. (Special Dispatch te The JeoraaL) Olympla, Wash., Fsb. .0'hero will cats for the city health department was Practically two encampments of tha madO out in his Own handwrltlnv "anit national aruard and tha raanilara f!tylHlltm h,. "ia American Lake this ysar instead of ons. !. V" S7""T i" e Kins Tn. a. ,, fc. ! aemn u ner nome on Aac&dam road I .. .,. v. ,.au- instead of at tho hospital. He ia unable lars 'rom the department of tho Colum- 10 -account ror tne mistake by any other bia and the national guard of Washlng- lnto maklnsr a falae rerort. It had been charged by tho nroseau. tion that Hall had failed in his duty be cause ho did not prosecute Loomis after hearing neiaeicxs testimony. Byi vester Ffcrrel. who had been the foreman of tha grand Jury of October, 1802, was Hall would havs gone after Zaehary talwltiwii eallod by ths defense s a. a. a t a . . . ' I Aa All a w a. Tja 11 as at A Kaaa. aj. 1 1 a S a. 11.. If Stelwer had not been tied up In the I"", out nr ata not want 10 ortend Btei wer who was a nolltlcian and miht be useful to Hall. "Hill la a rood latter wrlt.r anf "Worded bib letters carefully, never al lowing anything to slip into them which would not be on tha fan. rvf right and proper. But he did not write to Loomis as was his custom to lnstruot him to begin the investigation of the Butts Creek comnanv hut nnw he instructed Loomis personally to make tho Investigation. tioomis was a good friend r ttaii. and escaped indictment because Hall aid not want mm inaictea. Why, then, to show that Hall had been called by ths rrana jury to instruct it on tne law luring ths investigation of tha Thaver case in ivvt. Tha court then adjourned after short conference between Judge Hunt and tha attorneys for ths overnment ana tna ueiense. BROTHERS WITH GUNS IN FIERCE QUARREL Patrolman. Craddock happened along in ironi 01 m eixtn street last even did he not put him on the stand to toll If ,B ms to Interfers in what ho be about bis having mads these investiga- 1J,v",w1ult av dveloped into a serf, tions, and about Hall instructing him 2, i 1 -1 k" , vb-,'.W ?ih?-a2 August i an Hi a, A ... An 1 ... i." Holly, brothers, and John Mersens. rro- oould have cross-examined him aJ pneior or tne nutcner shop at tho num could have shown the Inside of. th V. - - i.a story. Why did Tib not glvs Loomis Lh.w.t KA d.,;Su.t? 1 wnen na sent mm out ri.-n. i.r. - k ... tne moment too ozneer arrived one of tha vtrtllv tivAthata tAA . 1 w.. 4. ... In I .v..- ....... Loomis about ths fenoe. , i rmid fith a ravoiva nJVtSSX suain ..T J,7.7 thl rf..V.; VS-V. ru.L"""?4 mg, concealed . weapona waa . placed ,LSS-iJ5ufi.fw5SL,?l.ti nwts against them. In the poltoe court this lf -T.tnL R'i5" t..know thi on of I morning hearing of thaohargs sas set wealth would rather nav any fine than'm. irri3. M wsaltl. would rthsf pay ny f las than' for Frlaay tnornla' theory. It Is known that Heymans borrowed $700 on a house and lot owned by him In Montavllla a week asro in at st,n-d. He cams to John W. Rometsoh, who runs a saloon at 25S Morrison street and asked him to lend him 11,000 on his house. , Rometsch inspected tha property and gave him $700 for it It ia nrobable that Havman. planning to make his escape at that time, as Mr. Mannina- had a-ivn two days in which to leave the city BBraal Vva w uitt 11119 Bj uaillVOO, Ono effect of the publicity given ths cass is that in the future ail death cer tificates coming; rrom the Institutes similar te tne A-itaaium snrair and Blgned by questionable doctors will be "; ,i ,obuu fjj uu (mice. jjr. Pohl gave orders to that effect today and Instructed that all such cases bo itomito v uie euroner tor examlna tion. v v NEW INTERURBAN LINE ASSURED BY TRIPP (United Prm Ltased Wire.) Belllngham. Wash., Feb. (."That the Skagit Valley Ihterurban . railway will ba built is beyond question. The only necessity now for further consultation is to decide certain 'details connected with ths routs and to Plan how b.t secure am nsnt 01 way. . In tha above, words, a. ia. ivinn of tha. stockholders and directors of the stone at w coster interests, spoke last evening of the proposed railway exten sion, which Is Of Vital intaraat n fh. feopie 01 seiungnam ana the popu la Ion In the- territory batwean thia . . a...... . r . . Readers of Tha Journal nlHi..) those who took nart In tha Tha taki limerick contest some weeks since, will be Interested In the Ghiranfeiu tinnnm advertisement which appears on page B this Issue, wherein A can full of silver dollars Is offered to ' the unnn wha supplies s mjsslnff lino. . ton and Oregon, held early in August Immediately following It ths national guard of Montana and Idaho will go into camp, also with regulars. Adjutant-General Hamllttm has re turned from Waahlnartnn with an out. line of the work of ths encampment Last year the national guard manned the coast defenses. The - year before there was a big encampment of the na tional guard of Washington, Idaho, Ore- fon and Montana in conjunction with ederal troops at American Lake. Two years ao the work was laraelv man euvers and difficult problems of strat egy and warfare. The secretary of war believes these maneuvers were at tern n ted without sufficient nrellralnary Llnstructlon of ths national guard. The encampments una year, mmtwn, mr to be mora in the line of schools of in struction. It has been deemed wiser to keep the body of guardsmen down to a smaller number and for that reason there will be two encampments la this department SUIT TO UNLOOSEN V LAND GRANT GRAB ,W(h ths names Of 0 psrsonS attached to tha petition as complainants and naariv half that number being men tioned as tha defendants, John ft. , Hr-v . .x- .t with t K. .U.I.A of tha United SUtes circuit court this morning against tna pouinern vregon company,- and others., to tho Oregon A California- land j grant case.. .The, hat of complainants! and -'those Of tho. de fendants makes one of the longest lists ever filed In tho federal courts ot this district . This case is similar to ths ona filed soma tlma ago- by .A, . W. Laf ttt against tho Orsgon 6 California rail road to compel tha companies to turn over A Certain amount of land at $2. SO an acre for tha benefit of settlers, t The Coos Bay Wagon Road como&ny la also named as one of the defendants. In addition amona? ths defendants ar 10 John Does, nearly as many Richard T Roes and Mr. Jobn Blacky, i S , - A
