The Oregon daily journal., August 03, 1908, Page 3, Image 3

THE OREGON DAILY JOURNALV PORTLAND. MONDAY EVENING, AUGUST 3, 1908.
BOOTH JURY VOTED ON
MANY PHASES OF CASE
IF YOU WANT TO KNOW WHAT SMARTLY DRESSED MEN WILL WEAR
THIS SEASON, ASK BEN SELLING
Robert A. Booth, ex-state senator, hl
brother, James Henry Booth, ex-recelver
of the Roseburg land office, and T. E,
Singleton, are not guilty of having con
spired to defraud the government of
public land. Yesterday morning, after
a day and night of discussion, the Jury
returned a verdict which separately ac
quitted each of the three defendants of
the crime charged against them In the
indictment returned three years ago,
ix-Sonator Booth had three votes
against him on .the first ballot, but on
the second was acquitted. In all 21
ballots were taken. 20 of which had to
do with the guilt or Innocence of James
Mnry tiootlt ana Blngleton.
According to the members of the
Jury. the. first vote wus taken soon
after the case had been submitted to
them by the court, Vour features of
the cuse were voted on one on whether
there had been a conspiracy proven, an-
uwier on tne gum or rt. A. iiootn, an
other on the guilt of J. H. Booth, and
another on the sullt of T. E. Slnirleton
On the first there were nine votes cast
in support of the conspiracy charge and
tnree against It. Nine men voted to
acquit K. A. Booth on the first ballot
and three to convict him. Eight men
voted to acquit T. K. Blngleton and four
to convict him. Seven men voted to
acquit James Henry Booth and five to
acquit him.
Federal Xrldsnoa Too Wsak.
. In explanation of this vote It Is said
that the majority of the men on the
Jury considered that there had been a
conspiracy of some sort, or a-n under
standing, by which the claim of Thomas
Agee was to have been secured. On
the other hand, the malorlty did not be
lieve that thevgoverninont had connected
any of the defendants closely enough
with the case.
Argument and discussion of the evi
dence switched the three men Voting
for conviction In the case of R. A.
Booth "to the other side, and on the
second ballot he was acquitted, the
Jury then taking up the remainder of
the time in reaching a decision regard
ing the other two defendants.
On UuKgecond ballot the vote changed
to 10 for acquittal of James Henry
Booth and Shyrleton, and two for their
conviction. ATWr a time the vote
changed again, this time 11 voting for
acquittal and one for conviction. This
one man was "Breeze" Gibson. Gibson
hung out until at last the vote changed
to 10 for acquittal and two for convic
tion again for one ballot. Then It
lapsed again to 11 to 1.
At 9 o'clock yesterday morning an
other ballot was taken. Prior to this
some of the Jurors decided to do a little
Jockeying, It Is snld, In order to "flush"
Ulbson out of hit stand for conviction.
Accordingly, when the ballots were
counted, six were for conviction and six
for acquittal. The question was then
gone over once more and another vote
taken, on which Qlbson changed his
vote, the unanimous ballot of the Jury
being cast for acquittal both of Blngle
ton and James Henry Booth.
Joy follows Verdlot.
The scene In the courtroom when the
verdict was made known was affecting.
Robert A. Booth, who has been Impas
sive throughout the long trial, broke
down when the verdict was read by the
clerk, and with tears streaming down
his cheeks thanked each of the Jurors
Individually for their vindication, as
did the othcr two defendants.
Members of the Jury sreak in nig
terms of the government attornex"
Judge Becker and District Attorney
McCourt. comDllmentlna- them for tnel
conduct of the case. It la considered
that the attorneys made the most pos
slble out of the case but that there
was not sufficient evidence to support
the contentions of the prosecution.
The members of the Jury were as
follows: Frank H. Hall, salesman
Portland; J. II. Mulkey, farmer, Polk
H. T. Buxton, farmer. Washington; Rob'
ert K. Davis, druggist, Portland; George
Randall, retired farmer, oiacKamas; c
C. Hoopes, farmer, Lincoln; George
Ball. Polk: A. B. Gibson, farmer, pout:
James A McKlnnon, salesman, Port
land; George Harthy, farmer, Yamhill
B. Bane, farmer, Benton.
Indictments Three Tear Old.
The Indictments against' the two
Booths and Singleton were filed In the
United States circuit court by Francis
J. Henev ADrll 8. 1906.
The specific charge against tne ae-
fnndnnts bv the government was an al
Iftged conspiracy to aerraun tne unitea
States of 160 acres of public land In
Lane county through the use of false
affidavits and oroofs of homestead en
tries made bv I. Thomas Agee. Agee,
the government contended, entered Into
an agreement with the defendants
whereby he was to sell them the land as
soon as he received nis aeea. Agee was
the principal witness for the prosecu
The fraud, according to the Indict
mont, was perpetrated prior to and dur
Inc 1902
United States District Attorney John
McCourt and Tracy C. Becker, special
assistant to the attorney general, had
charge of the prosecution for the gov
ernment.
The counsel for the defendants were
Judge Lionel R. Webster, Dan J
Malarkey, A. C. Woodcock of Eugene,
and Dexter Rice, Roseburg.
LOSS IS IN
THE MILLIONS
were hrrmfl-ht out alive and three dead.
while others are still buried, and the
work of the rescue Is going on.
REFUGEES TELL OF
HARROWING SCENES
AND HEROIC DEEDS
Continued from Page One.)
everything possible Is being done to
make tlipm comfortable. Spokane has
takn active 6tens for substantial re
lief. The poople of Fernle. who are mostly
poor, hard-working miners with large
families, are homeless, penniless and
discouraged. It will take months for
them again to establish themselves.
Any assistance in the wav of tents,
clothing, bedding, furniture or food will
be thankfully received and will be of
vast help at this time.
G-ale Fanned Unregarded Fires.
i-orcst tires are responsible for this
the gmitest financial disaster In the
History or western Canada. For 10 davs
sm.-iii nres have been burning In thu
mountains mong the Crows Nest road
Saturday afternoon they approached the
south side of Fertile, but no one
innugut or any danger and no effort
wiik inane to cnecK them.
In a few minutes the gale suddenly
rising tanned the fire into a cloud of
name and drove it over the Elk mill
plant with such suddenness that the
60 employes left their work and Jumped
lino iii river to save inemseives. From
the blazing mill great pillars of flame
were raised high In the air and by the
fury of the wind dashed forward for
moras over the doomed city, which lies
in a ftiiinel-llke valley. But for th
were
prompt action of the railroad companies
In carrying to places of saftety tratnloads
or people the loss of life would have
been many hundreds. The men wee
mostly at. work in the mines and the
women, handicapped bv the children,
were huddled about like sheep. Many
saved themselves by scrambling up the
steep mountain sides.
Trainload on Burning Oars.
The last load rescued by the Great
Northern, about 400 people, had a nar
row escape and ran for eight miles to
an open place, practically through a
furnace, with the people huddled In box
cars. Rut for the heroic work of the
engineer in standing by his post and
forcing his engine forward in a race
with death all would have perished.
When a safe place was reached most of
the box cars were on fire and burned
themselves out.
A. tanner In trying to escape with 10
women and children whom he was res
cuing found his team hemmed in by
fallen timber and took to the woods.
The party, all badly scorched, made
their way to safety by 'a narrow margin
by running under a high arch of flames
which a few moments later settled and
would have cut off all escape.
Hot Dale Felt 100 Miles.
All horses and other animals
burned. ,
Long rows of blazing coke ovens alone
remained proof against the flames.
The intensity of the force of the gale
Is hard to comprehend. The writer was
100 miles away on the-east slope of the
Rockies. The gale, laden with heated
sir and dust, reached over the prairie
like n desert simoon, darkening the
sun and driving the people to shelter.
Wire connection from the east of
Kernie are cut off. From Frank the
srenn was reached on a scout train that
nosed Its way for miles through burn
InK country where at times the bhuing
embers, crashing trees and scorching
heat were Inevitable.
An rU-Btarred Country.
The crude towns In the rugged Can
adian Rorkles In the Crows Nest coun
try have had more than their share of
st i ire and mtsrnrtune. rernle has twen
wiped out hv fire four times. In this
, Hon occurred the memorable rsll
wsv war between Jim Hill and the
Canadian Pacific for the control of the
('ro Neat pass nd the Crows Nest
, ..al fields. Five years ago 1J0 lives
, r- Int In a gas explosion at Coal
.reek In April. 1J, at Frank, a slice
if ini'iiitstn a mile high toppled over
ni l b pried hundreds of people for
fiiT. With bitter strike. klx Hand
out ruses. mudrwls, snow-slid and mine
disasters, she has been kept in the pub
lic eye
On the tfternwn of the fire the mi
ners were busy rescuing IS miners from
s llvlne temh caused bT cave In st
the mine several days before Twenty
Kelson, B. C, Aug. 3. From all im
portant cities from Montreal to Van
couver, relief trains are rushing today
to the aid of the thousands of sufferers
from the great Crow's Nest valley for
est fires.
Refugees arrived from Sparwood,
Hosrner and Michel bring harrowing
tales of the tragedies of the fire. One
of the refugees brings the story of how
a party of men and women tried to es
cape from Fernle by a bridge over the
Elk river. The bridge was burning,
and when they were in the center it
collapsed. All were drowned. The
number of persons in the party Is not
known.
Hosrner refugees estimate the num
ber of -dead and injured at 800. The
story is told of a woman who refused
to leave her home near Hosrner until
the fire actually reached it. Then she
rushed from the door and fell uead of
JfuftJTt disease. Neighbors succeeded in
reaching her body, but had time only to
bury It under a thin layer of earth. The
women in the fire zone foue-ht the
flames with al the hardihood of men,
and the instances of heroism were al
most without parallel.
CONCRETE BLOCK
BUILDING SURVIVES j
THE FIERCE FLAMES
R. ' :.. ... ITT " '." "i fan -
&ubtijL T" f" "17
m. c sots "3"0 '
' s -rv WWW
; Mm
'
frit'?-1 JI.'-y-uK
ADVANCE STYLES
COLLEGE CLOTHES
TAjTy lft s r ir s - 1
vv c nave icicivcu auu
smwwa vsa wiuiuj vc wuilliiviv
line of COLLEGE STYLE CLOTHES
for young men very different
from those heretofore shown.
Take advantage of early choosing.
On exhibition SECOND
FLOOR take elevator
Price $15 to $35
BEN
SELLING
LEADING
CLOTHIER
goods, and bedding, clothing and 140
puts. This morning s train carried
000 loaves of bread to the sufferers
and a second special car will also go
on the afternoon train.
DESCRIPTION OF
TOWN THAT WAS
(United Pres. Leased Wire.)
Vancouver, B. C, Aug. 3. A special
to the World from Fernie says the
towns of Hosrner and Michel, for
which great anxiety was felt Sunday,
are saved. In Hosrner buildings
dynamited to stop the flames. Elk
company's lumber camo No. 2. sltuaipd
about five miles from Fernle, was sur
rounded by fire and all roads of escape
were cut orr. Sixty men and four
women were In the camp. They have
undoubtedly been burned to death. Not
a single person escaped.
In Fernle the western Canada whole
sale house, occupying the concrete block
building which was saved from tho
names, has stored within Its walls
some $60,000 worth of groceries and
revisions which proved to be a great
leasing to the community, and the
wholesale house has been transformed
Into a retail store and groceries are
being delivered to all parties who are
entitled to them.
The fireproof cellar under the rear
division of the Trite-Wood store Is
found to be Intact and It Is hoped that
by the Judicious use or wster the entire
contents will be saved although It will
be several days before It will be safe
to open the doors.
President Undsey estimates the loss
of the Crows Nest Pass Coal company
to be $150,000, $100,000 of which Is cov
ered by Insurance. The Trites-Wood
company's loss Is fully $250,000, covered
bv Insurance. The A. MacDonnld
Wriolessle company's and the Crows
Nest Trading company's loss are very
heavy, but at this writing an estimate
has not been reported,
Hundreds are sleeping in the open
without blankets or covering of any
sort. Relief committees have been or
ganized and food Is being supplied to
all. Special committees have been or
ganized and food is being supplied to
all. Special constables have been sworn
in, and the town, or what Is left of it.
Is orderly.
:
l:
The town of Fernle was only
seven and a half years old and In
that short time It had become
Mia center for the coal mining In
dustry for this portion of Brit
ish Colombia. The mines round
about are practically inexhausti
ble. The town nestled' at the foot
of some of the most Jofty heights
In the region, and the most pic
turesque and Interesting of them
all Is the group of snow mantled
crags which are popularly known
as the Three Sisters. They
seemed to stand sentinel like,
their vast and frowning heights
silently guarding the little city.
A little further south at Elko
and at an altitude of 3.040 feet,
the railway crosses the Elk
river, which continues Its south
ward course to Join the Koote
nay. About a mile below the cross
ing Is the Elk river canyon of
several miles In extent. In which
the waters drop 600 feet In seeth
ing, foaming masses, echoing
with their roar from wall to
wall In a thousand tongues, as
if calling for release from their
rocky confinement.
were i
Island. Owing to the early discovery
by tho rnngers little live "timher was
burned, the flames running through the
underbrush.
FIRES HINDER
NAVIGATION ON
THE C0LU3IBIA
(Special Dlipatcb to The Journal. )
Astoria, Or., Aug. 3.- Smoke from
the different forest fires is thick on
the lower river today and is Interfer
ing greatly with navigation, both up
and down the river. Many people are
suffering mildly with smarting eyes on
account of tho smoke which Is hourly
becoming more dense.
Refugees at Oranbrook.
Nelson, B. C, Aug. 3. A thousand
refugees, the overflow from Cranbrook,
arrived here this morning. Most of
them are destitute, and although sup
plies are being rushed Into the stricken
country from every available route,
there is great difficulty in getting pro
visions within the zone swept by the
fire. All large Canadian cities have
wired money, but provisions, not cash,
is the urgent need.
HffllfiUH SAYS
ROOSEVELT DID II
Prosperity Panic Up to
President, or Words to
That Effect.
HERMANN TO RE
TRIED THIS FALL
(Continued from Page One.)
GRANTS PASS
COUNTRY IS IN
TOILS OF FIRE
(Spwlal Dispatch to The Journal.)
Grants Pass. Or., Aug. 3 Several
forest fires are raging in this section,
the result of the carelessness of camp
ers. Forest rangers were sent out the
first of the week to Althouse to protect
the reserve, where a fire recently broke
out. Another fire started yesterday
Just south of town near the stage road
to Williams creek and burned over the
drv foothills to the Frultdale valley,
where It threatened to destroy several
farmhouses and burn up several miles
of fence. The residents of that district
after fighting It all night were so ex
hausted that thev were compelled to
telephone to town for help.
GRAY'S HARBOR
TWENTY MILES
FROM FLAMES
dieted for having attempted to fraudu
lently secure a large body of timber
land in the Coos bay country.
All other land fraud cises with one
or two exceptions now pending on the
docket of the federal court in various
stages of progress were put over un
til t lie November term of court upon
the motion of Judge Becker. A number
of these cases are slated for dismissal.
In practically of them, however, the de
fendants, are connected with other cases
which have been tried and which are
now pending on the nocKet waiting tor
the passing of sentence, or appeal. I'n
tll these matters are settled and the
cases which have been tried are finally
disposed of no action will be taken on
the cases which have not yet been
touched.
Hunt to Hear notions.
No action can be taken, under the
custom of the court, on any cases which
have been tried under the direction of
Judge Hunt. There are now pending
several motions In cases which came
up or were ti led while' Judge Hunt was
here, among them being the motion for
a new trial in the case of John H. Hall,
convicted of subornation of perjury.
In a recent letter written by Judge?
Hunt to Mr. Hecker the former stated
that he would return to Portland asj
soon as possible and hear motions, ar- i
fuments and make such disposition nr
he unfinished business under his
charge as would practically clean up
his connection with the land fraud
cases. Owing to the press of business
In his court, however. Judge Hunt was
hot able to set any definite date upon
which he would come to Portland.
(United Press Leased Wire.)
Chicago, Aug. 3. Edward H. Harrt
man was asked today why the railroads
are In financial straits after five years
of great prosperity. He answered:
"It is simply because they are after
them." .
"Who are 'they'?" he was asked.
But he only smiled and declined to
talk any more. The Intimation Is clear,
however, that he believes the action of
President Roosevelt is responsible for
the present conditions. He would not
discuss the president's crusade against
railroads for rebating. The Interview
recalled his famous "not yet, but soon"
statement, and when this was mentioned
to him he only smiled again.
PORTLAND ERS GO TO
VISIT KLAMATH LAND
WINGFIELD'S DEFI
TO ALLEGED MRS.
SPOKANE SENDS
CARLOADS OF FOOD,
CLOTHING, TENTS
Spokane. Wash.. Aug. J Leaded
with provisions, clothing and bedding,
a special car was attached to yester
day afternoon's trains over the Spokane
International railroad for Fernle. B. C,
to aid the thousands made destitute by
the fires In that district.
'The work of eeeurlng and collecting
the carload of supplies was completed
In five hours by an impromptu reljef
8 rhlllips and President F. E. Ooodall I Coos Bay people are hopeful that all
owirr i rum in devastating
(Special Dtapateh to The Joorsal.)
Aberdeen, Wash. Aug. 8. Serious
forest fires are sweeping the forests
on the Uttle Hoquaim river, and the
holdings of Boeing & McCr,lmmon. about
20 miles from here. Immense clouds of
smoke are hanging over the Oray s
harbor district It Is Impossible to get
into direct communication with the
camps. The dry weather of thj past
few weeks has made the woods as dry
as tinder, and the flames are hourly
gaining headway. The fire seems to be
spreading to the northeast.
FIRES AROUND
COOS BAY ARE
DYING DOWN
The lighthouse tender Armerla left
Seattle at 8 o'clock this morning with
Captain James F. Pond on board, who
will make an annual Inspection of (lie
Stations along the Alaskan coast. The
Armerla will be gone about two tnonths
and goes as far north as Nome.
Attached to the regular 1:30
a. m. train Sunday morning
was a coach for the excur
sionists to Klamath Falls, who
as Investors and pleasure seek
ers are making a trip Into the
Klamath country, attracted by
the remarkable development that
has taken place In that portion of
the state In the past two years.
A special excursion rate had been
made covering the round trip.
The Klamath Chamber of Com
merce has arranged a program
of entertainment for the visitors,
which Includes trips to all the
points of Interest In the nearby
Klamath country. Much good In
a commercial way Is expected
to result from the excursion, as
the business Interests of the two
"communities will be brought Into
close touch.
The excursionists will be given
a stop-off at Weed. Cal , where Is
located the lsrgest lumber and
planing mill In the world. Opportune-
will be afforded to ex
amine the oil prospects In the
Klamath basin Several nil der
ricks have been erected near
KlamatbFalls recently and bor
ing Is in progress, with every
prospect of making a strike.
(United Press laed Wire )
Ijos Angeles, Aug. 3. "No one has
ever shaken me down and no one ever
will," said George Wingfield, the Ne
vada millionaire, who Is here today on
his honeymoon, while discussing the
threats made by the woman who claims
she -Is-his rightful wlfo on the ground
of eight years' alleged residence with
him
Wingfield and his bride, who was
Miss Maud Murdock, daughter of the
cashier of the limited States National
bank at San Francisco, will spend some
time at the southern California summer
resorts. They will then go to Goldfleld.
When asked, If he was not afraid tht
the woman who calls herself Mrs. Wing
field No. 1 would carry out her threats
to make trouble, the millionaire said:
"I shall not discuss that matter. It
concerns only myself.
Wingfield denied that he Intended
taking his bride to Europe immediately
He said a Kuropean trip might come
later, but that at present he and his
wlfo would confine their travels to this
state.
CARTER'S
iflVER d3-
PILLS. U
CURE
Blck Headache and rollers all the troubles inci
dent to a bilious state of the syatem, suoh as
Dizziaoaa, Nausea, Drowalnaaa, Distraoa atar
eating. Pain In the Side, o. While their moat
mnarkable (access has been shown in curing
Headache, yet Carter Little Liver Pills are
equally valuable in Oonatipatlon. curing and pro
van ting thia annoying complaint, while they alao
correct all diaorderaoftboatomacbUmulata the
liror and regulate the bowels. Even if they only
urea
n a t n c
IX f I i-rf O
East
HEAP
Ache they won Id be almost priceless to those whs
suffer from tbiadiatraiialng complaint; butfortu
nately their good noa does notend here.and those
Who one try them will find these little pllla valu
able in so many wars that they will not bo wil
ling to do without them. But after all sick bead
AGS4
la the bans of so many llrea that hers la where
we make our great boast. Our plllacure it whlls
others do not.
Carter's Little Liver Pllla are very imall and
very eaev to take. One or two Pllla make a does.
They are atrictly vegetable ana do not gripe or
purge, but by their gentle action please all who
nee them.
cirn Kixieisi eo vnr toil
SdlKL bSlb, bl Pries;
of the society of charities.
The car contained l.tOO loavea of
bread, in barrels of flour. 1.000 tins of
meet. 1KB onsen era a. besides
("perUl Dlsvstra te The ooraal.t
Marshfleld. Or.. Aug. . With the
wind at a dead calm and the forest fire
ef ! dylnc down, the result or a large area
j I of green timber encountered yesterday
element la
over.
The fire, whlcfw has been burntna In
other i ,n peninsula forwst back of Marshfleld
Orcgoniife-
Home Office i
OOMITT Bnuicra,
and North Bend for the past four days.
is aiso aooui spent.
rOKTLetXD, OUGOR.
U MILLS
U tAirrn. Oewerwl Manager
CUaRKNCatV iAMCaVU Asst. Mm
The Pot Ley holder.' Company
Is Best for Oregonians
RIVER TIMBER
DEVASTATED BY
FOREST FIRES
MIBIIIISIIIIEIIBIIIIIIIIBlIIIKIIItlllllllXIIIIIBIKIEBISaBSIIIIIlIEVSZIIIIXailll
Will Be Mads ThU Seuon by the
0. R. &' N,
And
SOUTHERN
PACIFIC
crarss nr ouood
FROM PORTLAND
To
Am Follows:
Direct
$72.50
. 67.50
M
H
B
M
H
M
M
n
M
H
H
m
H
H
H
TED
Chicago ..
St. Louis .
St; Eaul 63.15
Omaha ...... 60.00
Kansas City .. 60.00
One Way
California
$87.50
82.50
81.75
75.00
75.00
TICKETS WILL BE ON SALE
August 6, 7, 21, 22
i
The iewieai
I It ber-anrie kn
rhwrtal Ptewatrt
ixwe,i. or, Aug. 1 it ber-ame known
today that two-f tree devastated a email
rtlon es the middle fork of the uppr
Willamette last week. One was In the
eeua tains and tne ttag Rak
A REAL ESTATE MAW WHO WILL INVEST $20,000
In Central Oregon Property and purchase an
interest, which will prove highly profitable,
in the
CENTRAL OREGON T0WNSITE COMPANY
318 MARQUAM BUILDING, PORTLAND, OREGON
ii:::iiiimumiminm
tiRxxssiiiisiikiisxziiirnTTZxrsrzzs
Good for return In dare wttb etof.
over privileges at pleasure with la llmlta,
REMEMBER THE DATES
Tor anr further Information rail at
the city ticket efflce. Thlra a ad Waaa
Ingtoa streets, or writ to
WM. M'MURRAY
General Paaeeager Ageat,
PORTLAND, OKOOX.
WW