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