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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 6, 1908)
1 THE i OREGON DAILY ' JOURNAL PORTLAND. THURSDAY EVENINO, , FEBRUARY 0, 1003. JUDGE WEBSTER PUTS 4 .U". . '".'i . , ,5.,;,. i . i . , ; , , , , HALL'S CAUSE TO J; i JURY : In1 Argument for Defense Contends No Fence Cases Erer Came UjJ in State Until Jesse D. Carr litl- V gation Came Up,r V f- Judge I R. Webster put the cause . tt John H. Hall before the Jury In ths United States court today In a mastvr ful manner, holding at that the defend- i . Mt was 'not guilty undi-r the lnw or the wyldenos of having entered into a con aplracy to fence land. Ho contended that never until Hall had begun the prosecution of Jeae 1). Carr for the maintenance of an llleR.il fence had there been a fence cao In tho mate and that never had thern been one since Hall went out of office. " The point before the Jury. Webster Wintendxt. wu t lie one uuesilon whether '.Hall had entered into n agreement or .conspiracy with Bteiwer and others te maintain an Illegal fence. In order to wet at the truth of the charge It was 'necessary to look at the facia aa mey Taxi existed at the time of the corro- i , apondence. Judging iiaus motive imj-j v -intent and deciding bia guilt or Jnno f -oence by what be bad meant to-do In dealing with the Bteiwer fenoe. It was . ' ot a queatlon Of the enforcement of lew. or of the entantlementa of : -pontics, but of tho conspiracy of Hail with Btalwar and hia aeaociaiee, Beglaa Argument. ! ! In beginning bia 'argument . Judge ' Walatr thajiked the lurr In b . . the defense for the cloee attention It Jhad given throughout the long and tire . some trial. : Ha then turned to tho re sponsibility or the jury ana aaia inai in a manner It would be" when the caee , iiad finally been given-into Ita keeping ' the representatives of the whole Ameri can people ana-me, jusucsoi me nm " . . .tjoa cfyatallfed to 'pui ientence on a question oc great Importance. The speaker then referred to the law and Mm internretatlon aaylnc that tho law toftentlmeo meant one thing in the .mouth- of one man and another rrom someone else but that really It waa aa - ; clear in its meaning aa tne sunsntae ana mm simple aa tho aong of a bird. .'r- ."Now what ia thla caae before usT Judae Webster asked aa ho veered to the discusaloo of the caae at bar. "In it Mr. Hall ia charged with conspiracy, le must b tried on thla charge alone. That la tho law of the caae and that Js tho- common justice. What la a con ' piracy T It la "an agreement made be-.twee-Ktwo or more people to do an un ' lawful i thing. To form a conspiracy there must be a conspiracy. Tho minds iv-f tho conspirators' must meet - "The -question hero la 'did Ha! enter -Into-this conaplracyT It la not what -other laws have been broken; not what, -laws ho did Jiot enforce: not the propo- ' onion that Jaws sQouid be enforced; not that' district attorneys should be re moved; not that the opinion is abroad -among tho people that the laws aro for the rich and not for tho poor: It tho almple question 'did John H. Hall . enter Into a conspiracy with these other -aeienoania to teep up too Bteiwer .-fencer " "I agree with the district attorney -when he aaya that the laws should be enforced, for upon that rests tbo ata toillty of 'tho government. I do not agree with my learned brother, the dls trlct attorney, that our country la cor rupt and rotten to tho core or that our etate la decadent In Ita manhood or In is regard ror iaw. . ! v ; ? Country Vot "Boning." . i '! ahf hot one of those who are wtllln to believe that we are a rotting and decaying republic. I am one who be llevea that thla country ia made up of honest men. Since time- began there' Jhave been lapaea and lapses and there always win be aa long aa human nature remains what It la. but I believe tha the country la as well governed as It ever nas neen and that it la not a decay Ing republic. But I wli! tell you what - Will make It decadent, When tho Juries of .the country allow - themselves to be jea rrom the case by popular waves of xne interpretation or tne jaw and fall to base their verdicts on the evidence - ror the caaea before them, then justice will fall and the country will become cna or , decaying power and corrupt . . iractlce." Judge Webster discussed the theory of xne iaw 01 veraiGia ana commented on the meaning of a reasonable doubt. He argued that a man on trial waa to be tried for tho charge set out in the In- ; idlctment and upon evidence relating to "that charge, not upon happenings and constructions put upon other happenings . -In n way related to the charge upon wnren ne was standing ror trial, lie re - Iterated that the charge against Hall -was having conspired to prevent free transit across government lands and to -prevent settlement on tne lands snd oalddhat he desired to make plain what tho charge was because the verdict In tho case would have to be limited to tha vnmnpt in me indictment. - Judge Webster discussed tho land fencing statute and contended that It was provided in the law that the district .-attorney ahomd begin suit-when an uf fidavlt of complaint waa -filed with htm nd argued that this provision had been Iui in tne law because the congress . .wmcn enaciea it am not consider the fencing of public lands to be a heinous . rrime and the departments did not con demn the practice unless it obstructed the development of the country or .worked a hardship oa surrounding, set tlers. He then contended that it had v been the Intention of Hall to prosecute all fencing suits . where there had been no dispute of his authority with civil actions becauna these were ' more ef jfectlva Since the fence must come down as ooon aa the decree was returned by .tho -court, . The fencing of public lands wag largely a matter between the peo- pie who lived In tho vicinity of the fehee and upon them rested the qiien- i Hon-of whether it would be taken down "There was no question that the fences country has been subject to trespass since tne beginning of tho government. It has been tha policy of tho government not to be too rigid In tha matter of fencing these lands. It has been known to all departments of tho government that the landa have been fenced, and the ract has boon recognised by tho presi dent It has been allowed to drag along, permitting men to gain advantage over others, and that ta not right. "It la made tha duty of tha United States attorney to bring suit when an affidavit la filed telling him of the Ille gal fencing, allowing that tha congress wnicn paased tha law did not care ir the fences were kept up unless they were a detriment to the community in which they were. Tne speaker then instanced toe preei- World's Greatest. Range BISCUITS, CAKES AND yZJ? Cooking Dct"onstrations , COFFEE SERVED X & :. FRIDAYC& SATURDAY 1S& EXHIBIT if Thcttwo cvcnte :F16orCleariti tlwPKERLESS land's shrewd and learned store atroh Sa&j JiClipSC offering these two days FRIDAY Vnd SATURDAY Grade Furniture " 1 . . . . ' 1 . . 1 " . 1 .I i i i ii i T.. t.r.W . M been Hall's opinion i at the rwere Illegal and ought to have como "Tha fact Is, continued Judge Web ter, "that tho government land of the dent's message of last year, in which the fencing question waa discussed, showing that tha attitude of the gov ernment had been to enforce the law onlv because It waa not on the books, and not because it waa a lust law. "Thla." continued the speaker, "is tha law which we aro brought hero to aay must be enforced, or the whole govern ment s rotten to tha core and damna tion is our only goaX A law whloh tha president has declared to bo an out rage and concerning the advisability of which tha departments have had serious discussions. Judge Webster contended that tha jury should get the light on the eas from the time during which tha acts were done eight years ago, it was Im possible to Judge things of the past py uie uini oi me oreseni. -inm rec ords of that time would show, the speaker said, that there never had been a land fencing case brought In Oregon until Hall prosecuted the Carr case and there never-had been another alnca he lert the orrice. He next went into the evidences of the case and began to pick out Hall's motive from tha correanond. ence ne naa naa with tne various com plainants. we gnow wnat Hail did. What we want to rind out is what Hall meant to do. what motive he had. what his In tentions were when he wrote all these letters. We want to find out tha In tent, which Is the great domlnent note or tne law," judge v It had time, .tha sneaker contended, that he could not bring a ault until an affidavit had been sent him setting out the vld- on or tne jaw. xne soaaicer than took uo the evidence Dleca bv Dieca and pointed from It that Hall's motives were pure in nis attempt to bring tha Btei wer comoany to book for thalr vlnla. tlon of the law. Ha hari Iimii trua tn nis ornca and tha arovernmant with all of ita efforts had not abown that he had in any way entered Into any agree. niciii uy wnion Bteiwer waa to Da al lowed to escape prosecution for main taining the fence. Closely Moans Xrldenoe. Mr. Heney finished his opening argu ment after fi O'clock yesterday after noon. - Durina tha course at hf.a atata. ment he went over the evidence of the government tn detail, taking up one bit of teatlmony after another ana deduct ing from all of them that Hall was guilty of the conspiracy. Tha line of hia argument was , that Hall clearly demonstrated nis guilt Dy the manner In which ha had conducted hia Office. and to support this Heney argued that tne aeienuant naa prosecuted small vio lators of tha law on mere statements of tneir gum rrom complainants, while at the same tlma he delayed and nee-. lected to bring action against Bteiwer unui iorcea to take the step by the report or Special Agent E. W. Dixon. Even then, Heney argued. Hall began criminal action against tnrea men men. tloned in the same complaint, while the Bteiwer renco was oniv molested tv a civil auit and that delayed. Great stress waa lair h Mr. ' TT.n.v on tne -letter written by F. p. Mays to Bteiwer. in which the writer told of his argument with Hall over tho criminal prosecution and of his assurance that none of the officials of tho Butte Creek company would be prosecuted crimi nally. Heney argued that Senator Ful ton put the political pull on Hall to make him brine- civil auit InataaH of criminal. Hall did -not do his duty towards the Bteiwer fence, the prosecutor argued, because he did not intend to do it and made no move until the department had sent Special A cent Stratford out to I make an investigation. Booses Xls Aaditera. - During tha nlnaln ti.nt.riM. . kddress Mr. Heney became oratorical and dramatic, and roused the close packed audience to applause which waa quicitiy squeicned, however, by the di Portland's Finest Stock of SIDEBOARDS :rHR0ZNHrSS We come now to a place in our Jong merchandising careerwhen for the first tiniewe-must' fairly shove furniture out at what it will bringTjFirst, we take the sideboards the largest and. best selected stocks ever shown on one store floor. We must clear two-thirds of the floor spaceK)ccu' pied by these elegant dining; pieces, during the.two days FRIDAY AND SAT, , URDAY. The prices given.here as regular are those quoted during the January -Clearance Sales and are-in reality,' far under the actual worth. The aluea are much greater than possibly can appear on paper. j-.VV'r' -j, QUALITY In every instance, the very best T PRICES That should Tiring to this store a large as semblage of enthusiastic patrons. '.' These Are the Prices the Great Moving Power of this Sale IB AufrffiZ! ' -TV illliflti No. 103 $40.00 SIDEBOARD No. 623 $27.00 SIDEBOARD No. 641 $30.00 SIDEBOARD $24.75 $1 5.50 $1 8.00 $29.50 No. 651 $50661 SIDEBOARD? . No. 59 $60.00 SIDEBOARD No. 'fi98 $60.00 SIDEBOARD No. 1493 $85.00 .SIDEBOARD $3950 $39.50 : $56.50 $85.00 Na 141 $150.00 SIDEBOARD A Sale of the Higher .Priced DINING TABLES and rectlon of Judge Hunt for the bailiffs di court to Driiis; any msiuroer or quiet ud the bench for a fine for contempt of PILES Quickly Cured 'frnunld Pile Cure Positivclj Mr- tu of Quick Curing Power. Send ' - for a Free Trial Package Todaj. , aakal - j iiiuil a.IaV WVIliUU MUl" : e" from tha excruciating; torture of "aJ? V7 JUSI "ena taeiT name and ad- ' Jlf!. .0. us and "ot b return mall a Vf trial packagre of the most effective 5iil.po,li!v cure ever known for thla jrjramia ue uure. As an examnla. PmmD rj. . ! xample' Emma Bodenhamer of H Indiana, was in. constant plle- of $Ztli2YfI?- Thre M-ctnt boxes - aZT1 Wl Cure cured her. It was In the discussion of the nnn observance of law that Mr. Heney began iu wax eloquent. "You have aeen atrikinr streetcar men in your streets throw bricks through the Windows of the rera." ha aaM "Vnn have seen other similar scenes of vio lence, and why do you see it? It is be cause these men aro anarchists in snlrlt And why Is that? It Is because these men from bitter experience have come to the conclusion that the men of wealth and ooaitlon and oolltlcal nowar ara above and beyond tha law. It is be cause these men trample on the right of tha humble men without fear or hindrance of the officers of the law and the humble men grown weary of oppression have become contemptuous of the law, and have taken their griev ances In their own handa. It is the ilrlt that furnished the patriots of e war of the revolution when man fought for their liberties, it was the mm mat maoe crave men on both des of the awful conflict ne tha nh.i. lion, it Is the spirit which makes men fight for their country and their flair. "But if you want these men to honor, observe and obey the law, give them a chance to enjoy its protection and its aid. Let the offioers of the law show to these men that the man of wealth and power and position is not above and beyond the law, prove to them that the law knows no color or creed or (nflii. ence, that all men are equal, and Justice alone is all powerful, and then there will be no brickbats hurled through car windows. "Justice from earliest time has been pictured holding, his balances aloft. ounaioiaea. mat ene mignt see no in fluence. so that all men should be equal before her when their crimes were weighed. Show how that Justice here knows no ravor ana reels no directing influence. In this snlrlt rests the safetv or tnis repuDiic or ours; to disregard It is to work ror its wrecking and Us fall," Mr. Heney win make his dosing ad dress Immediately after Judge Webster concludes his argument. It is believed that tha case will go to the lurv Friday ariernoon or evening. CHAIRS at Prices of the jVery" Common Sort Chairs are in the solid quarter and weathered oak and golden oak finishes, plain and leather upholstered seats. Friday and Saturday these great special prices: No. 209-2 $1.25 Dining Chair ...Y 7S No. 359 $1.75 Dining Chair, cane seat ..... .$1.05 No. 8886-2-$2.50 Dining Chair $1.50 No. 480-1 $4.00 Dining Chair . ..... . . . . . wt$2.00 No. 300 $6.00 Dining Chair, leather seat. .......$3.85 No. 19 $7.00 Dining Chair, leather seat...'. $4.45 Tables in the sojjd quartered and golden oak, all of finest grain, hand-rubbed pol ish, 6 and 8 ft. extension, round pedestal, hand-carved legs, claw feet, etc. These ruling prices for two days: . No, 516-6 $32.50 Dining Table $10.75 No. 402-8$35 Dining Table $21.75 No: 617-8 $42.50 Dining TaBle $25.75 No. 534-8 $45.00 Dining Table $27.75 No. 380-8 $75.00 Dining Table $48.75 FRIDAY AND SATURDAY ONLY AND UNTIL 10 O'CLOCK SATURDAY NIGHT THE EXHIBIT OF THE PKERLESI "ECLIPSE' OREGON'S LARGEST AND BEST FURNITURE HOUSE L G WMmSDNS ON YAMHILL Biscuits Cakcs and Coffee Served BUILDERS MUST GET THEIR PERMITS FIRST City Inspector Gives Orders to Deputies to Arrest Vio lators of the Law. CLOSJ! SCHOOLS TO PREVENT DIPHTHERIA .An .or.E Braneirh of Hchellhnra- Jus snd your turn and dlV an you-111 gt by return maii a raIlC0,Vc" iea special session yesterday trial treatment of Pyramid Pn. rT.-VT" I ana decided that a short cloaina- of ths Then after you have proTea to von,. 1 9;t schools was advisable as a orecau- (spacial , tlpatcb to Th Jearnal.) Chehalis. Wash Feb. 6. -The city council held a special session yesterday elf what It can do, you will go tb tha druggist and a;et a 60-eht box. VV . ion t undergo an j operation. Opera tlons are rarely a success and often liad to terrible consequences. Pyramid J'lle Cure reducea alt inflammation, makes constlon.' Irritation, ltchlns;, sores and uloara 'disappear and tha piles simply qnit.,ri ,r . ! ':- . Send your nam and address today for this free trial treatment to Pyramid ) tub; Co, l7,Pyramid Bldft Marshall. Jkllrtl.' . i, r ,.. , -. oa sale at ail dru$ stores at 69 cent r,on.a8alnt ttny possible spread of uipmneria to Which some children had town. 'P0ed' ?er ra P ce" fe All contractors 4hd builders who op erate in tha future without first securing- perm Ita from the city building In spector's office' will be arrested,' according- to Instructions Issued by Building Inspector Spencer this morning to his deputies. "There have been so many flagrant violations of tha city ordinances be cause of a few favors allowed on re Quest," said Mr. Spencer this morning, "that I believe a few convictions would result in good. The contractors and builders are often put in a position where they cannot oroceed with work until they have permission to do so from this office, aitnougn tne delay occa sioned may cost a great deal. "Just because these permits have been allowed in order to expedite work and save the contractors money, many build ers have come to -believe that -they can do Just about as; they please. When they get through paying finea in the municipal court they will see things differently." Then Mr. Ppencer turned to hia depu ties and gave- them orders to arrest every man found violating the' City or dinances tn any particular. As a result of the order it Is expected that several arrests will be made today, and others in following days, until the contractors come to see tnat tne city means dusi- ness. WITTENBERG MUST PAY (Continued from Page One.) GRIGSBY NOMINATED ; ALASKA fcROSECUTOB ' 10sltsd Prwa) Lrtwd nM ' vV. " Washington, Feb. gTW'r-',M(,,,t today nominated GeorairS T r5!5!, ?i be federal dirictTttorB?i -S A.ka' vlc Henry Hoyt mignV7.? !. fr Dsmand waa made upon bUn fo Hia re turn af these eollaterala, and after ser eral weeks, he returaed the bank's f2Br 000 of bonds. The Interest eonpons on fhesa bends, amounting to f760 for tlxs seml-annoal Interest period, , aad ' beea ollppea off. ;. Thla Interest money lias not yet been retnrmed to tba bank by tb United Ball ways trastee, nor has bs restored ta the oustody XeaslTag Zev Ua tto 128,000 9t boftdf -ttut wart to bay been held by tb bank aa collateral security on bia not. Ha Is ' also in possession of three sixths or the z per cent of tne syndi cate stock of the United Railways com pany that is said to rightfully be the property of the bank. ; Mr. Moore, When asked today as to the status of the deal, said: r'lt should be clearly understood that the Oregon Trust ' & Sayings bank is entitled to ownership and, possession 6f inree aixtns of ue syndicate noiaings of tho .stock , in tho United Railways company, and to tho collateral: seourlty for the Wittenberg note. On tho day before tha oank elosed Mr. Wlttenberi came to the bank in great oxoitemen and rushed me into a proposition to aa- sign to tne syndicate any personal in terest myself and Mr. Lytle held in tho United Railways company, and I did as he desired, on his representation that tne united Hallways company would bo ruined and the road would fall If I did not do so. I do not believe that tho assignment by me affected tho bank's right and Interest in the three sixths of syndicate stock. ' : Bank rurnished Money. "The bank had furnished all of the money for the purchase -of tho United Railways stock and - bonds, excepting that of Joseph M. Healy, who put in $25,000 cash. He. was the only man of the syndicate who put in hir own money. The bank is rightfully entitled to the stocks and bonds for which it paid. It is said W. C. Morris, former cash ier of the bank, has prevented the trans- Ing to make any assignment of his own or the bank's Interest in the , United Railways, and that he 10 holding back In cooperaticn with the receiver In an effort- to enforce restoration of the banks holdlnrs. An mttnrt n... uy r wuienoerg, on Morris' return from New Tork after the Mink's sus pension, to induce him to assign the bank s Interest to the syndicate, but Morris declined to do so. The whole claim of tho bank has, by an order Of the circuit court, .passed with other m me verman-American bank, and Is held as an asset by tho receiver. U .B5?dtn Proceeding against the United Railways syndicate and Herman Wittenberg, trustee, will be initiated by Receiver Devlin, , -r . ... In addition to these claims of the Orog-oaTrnH k Saring-s .bank against tho United a 11 ways company, the bank will demand immediate payment of aa OTordraft, amonntiiig to flt.ooo, stand- to tho name of X B. Wtokoraham, chief engineer of tho Vnlted Ballways oomTaay..." . r ?t Tho monov represented in t'nis item was drawn from tha bank to the com pany's construction account, during the noror been settled by tho gyndicatv ' I nnucnriMcn IICIU Engineer Murphy Approves of Eiforts td Enlarge ,Tule Lake Outlet '(Speelal Dbpateh t Tha 7oarnal.) Klamath Falls, Or., Feb. Project Engineer D. W. Murphy of the reclama tion service has Just returned from Merrill, w&ere ho went to investigate tho work of J. Frank Adama and W c Dal ton, in their endeavor to enlarge the opening recently zouna to iuie lake, Mr. MUTony is 4n nerreot the work that is now being carried on ana states tnat ir it should urphy Is 4n perfect accord with at lu cessful he would recommend that prove suc id that a fuu ana complete investigation be made by tho government' , Satisfactory progress has already been made: one ooeninsr has been made at a depth of .10 feet below tho aurface of the water, and a stream of water equivalent to about zoo inohes is flow ing continually and disappearing into the (round. Messrs. Adams and Dal ton will continue their present .work until tney nna a permanent opening or that tne outlet is Diockeo. Mr. Adama states that ths ground In tho vicinity of the lava beds Is of a honeycomb formation and that water will disappear through any hole 1(0 yaras . of tne lower ond of tho lake. BELGIAN BLOCKS FOR EAST MORRISON City Engineer D. tV. Taylor and Coun cilman Pan Kellahef Visited East Mor rison street, between Union avenue and East Water street, this morning to as certain the kind of pavement best suited for the street and finally decided that a cement foundation with Belgian block surface, similar to tho new Front street pavement, would be best suited to the needs of tho district. -, T - Councilman Keuaher win emulate a petition among tho property-owners in a few dayo to secure signatures to have ho pavement put through, and . It is expected that the work will be com pleted before summer. ' .'-,' A East Morrison street has been filled la between Union avtnue and East Wa- ter street and Engineer Taylor wanted to look over tho street to study the bulkhead requirements before making any recommendations as to the kind of pavement. MOTHER CUTS BABES' ; THROAT WITH RAZOR (United Press Leased Wire.) Haverhill. Mass,. Feb. t. erased bv tne oeatn or two or ner cnuaren and her sister, all of whom were burled last week. Mrs. George B. Stevens. 40 years old, seised a razor this morning, after ner nuanana naa it nomo ror work, and cut the throats of her other two children. They both died within a few minutes, airs. Stevens waa formerly an inmate of an insane asylum. LANGD0N CONFIRMS STORY OF APPEAL (United Prase tttsad Wire.) San Francisco, Feb, 8. District At rney Lanadon this mornlna announced officially that his. office Is preparing to carry the case of Eugene E. Schmltz, whose conviction in the lower courts was recently set aside by tbo famous decision or tne state court of appeals, to the state supreme Court for a re view. . SEEK DECISION UPON BRIBER San Francisco Graft Prose cution to Take Cases Into Supreme Court, WEISER TO BE MADE SURVEYOR IN IDAHO ' 1 United Press Leased Wire. 1 Washington, Feb. After a confer ence with Senators Borah and Hay burn the president today promised to appoint Lautter Welser to the office of surveyor of tha general land Office In Idaho, vice O. Agleston, resigned., San Francisco, Feb. . The supremo court will bo asked to define tho extent to which extortion may go before it be comes a crime. Before tho law in the prencn restaurant cases is settled In California the highest tribunal In tho oornmonwealth will pass on the facta in volved Not content with abiding by " uDuiaiuii ot inn appellate court, tne famous ruling which waa so nrolif io of cioea to try to take tho propositions be fore tho court of last resort for review. This DTOffram hna haan Irani1 aonroM by the district attorneys office. Not a I woro or tne proposed move was allowed io escape irom tne inner, confines until I yesterday, when preliminary aotion .in I the attempt to obtain a hearing on ap-j Neither Ruef nor Schmlta has had thai ugniesi mating mac. tne district at torney's Office would not regard tho is sue as settled by the decision of the ar- pellato court. During the day District I Attorney Langdon forwarded to At-1 torney-Oeneral Ufc S. Webb the draft of I a proposed petition to the supreme court I for a review of the appellate decision. I Tho petition and tha uriefa which ao-l company it have been, prepared byl rranoii j, weney ana unaries w. codo.1 Thzro to Only Ono Ttizt Io may nte world drat to curs a cold im one day. ..,-J"-- AJwart remember the fall ' name.' Look 1 lot thla - siaturt a erery box. J 5o. - , rr....r.,V;J m, . . 1
