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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 28, 1908)
..V'' THE OliEGON DALY ' JOURNAL. PORTLAND. SATURDAY ..v EVENING, b NOVEMBER 28, - 1903. : ARSON PLOT IS STILL A MYSTERY Arrest of Goldman Anthony Believed to Be But Beffin- ninrr if i) Vflormieilts ill nilll; ()1 Jt VnUMHUli;' in Baker City's Incendiary Fires' rase. "-' (Special Dlapatch to Tbe Joornal.) Eaker City, Or., Nov. 2S. The story given out by Mayor Johns of this city, vwho is In rortland, regarding Goldman 1 Anthony's connection with the recent Incendiary flrea came as a Bhock to r Plnkerton men. local police and the . " county authorities, who are working on the case. The mayor left for Portland last Bunday with positive instructions to his subordinates to give out nothing until the officers were satisfied .that they had sufficient evidence for a con vtction. 8ince that time energetic work has been done on the case but the climax has not yet been reached. The f officers positively refuse to talk for ' - publication and say that there Is noth fng to give out until further develop ';' ments. . . f It is known that the reports pub- llehe today in a Portland paper have t materially changed the working plana of the officials, but whether It has blocked the case to any marked extent t cannot be determined. Goldman Antho- ny is held and there is a general belief that ho Is connected with the recent ! fires, but the public also believes that a boy of his age. IS years, could not have successfully carried out so much -. crime without the assistance of older -1 heads. PERKINSHAtiTS FULL TOGETHER t Delegations, If United, Can 7 Get Things for All the Coast, He Says. ) (United Press Leased Wlre. ,. Ban Francisco, Nov. 28. United States Senator George C. Perkins on his depart- ure today for Washington gave out an ;! optimistic statement on congressional ' appropriations for the Pacific coast dur ;. ing tho ooming sersion. Senator Per , kins is a member of the senate commit- tees on commerce and naval affairs, and chairman of the subcommittee on forti , . ficat Ions and ordnance. - He said: "Every proposition that comes before these committees-that will be of benefit In any manner to -the Pacifio coast will hare my earnest and favorable consider ation. It is particularly desirable that congress grant sufficient appropriations for the enlargement of the' Bremerton and Mare Island navy yards, that they may be able to accommodate any fleet of battleships sent to Pacifio waters. "I shall be delighted to cooperate with the representatives of other Pacifio coast states in fighting for any appro priation needed not only in any state, but in any city of the Pacific coast states, ' "Not only do we need congressional action on navv yards, but we must in sist on additional fortifications, the improvement of our harbors and rivers and matters relating to the agricultural department affecting the diseases of our fruits, vines andother products of the oU. ' ...... - ' ''What we need most of all among the congressional delegation from the Pacific coast is a harmonious spirit, with the theory that any action taken for any one section benefits the whole of the Pacific coast." I MRS. ELEANOR COWPER J ' TAKES OWN LIFE I 3 ; New Tork,- Nov. 21. Using a pillow; J jo muffle the report of a revolver, Mrs. 4 Eleanor Merron Cowper, a talented play- Wright and- actress, shot herself In the right temple yesterday in an apartment I ;fn the St. Regis hotel. The explosion I of the cartridge' was not heard, but Mrs. Cowper was rendered unconscious and, 'died during the night. i Before making the attempt at self , - - destruction Mrs. Cowper had written I number of letters, one to her lawyer. 9 another to the coroner, a third to an n undertaker, and a iourth to John Hood, a friend. In the Utters she apprised the four persons of her intention to ! commit suicide. i At about the moment when Mrs. ' Cowper pressed her linger to the trlg- f ger the letter addressed to John Hood k was being delivered. Mr. Hood read the first few lines, grabbed his hat and & ran to the St. Regis hotel. The clerk secured a pass key and J hurried to the room of Mrs. Cowper, accompanied bv Mr. Hood and a npald. 5 They found Mrs. Cowper lying in bed f with the pillow Rtili over her head and I the revolver clutched in her hand. The f bedclothfng was stained crimson. S Investigation showed that Mrs. Cow- f per had made careful preparations to 1 end her life. In addition to writing a I letter notifying her lawver, County , Judge H. K. Royoe of Mlddletown, N- Y., m take charge nf her body, she had i ordered an undertaker to prepare it for i burial. HIRED MAX VOTES HIS MISSUS' TAXES (Celled Preaa Leaaed Wlre.t Pasadena. Cal., Nov. 28. ProtesVtng Sgalnit the payment of taxes when tlVey re not allowed to vote, two wenltViv women of this city tr-dav placed thefn-I elves on recora as opposed to the limV j tatlons placed upon their sen under thi present form of overnment in tbe . United States. ..tJhe- bottom of her tax notl.-e Mrs. Elisabeth J Stoddardt, 105 Beacon aireei, in a clear, Hold hand following? wrote the --'I hereby pay the first Installment of my State and counrv taxes under pro test Taxation without , repicsentatlon f?m? 5.wun.fa,! Hn'1 "Kainst the principles of the Amoricaii constitution." - In writing a check for payment of tsxes-m her njagnifWnt residence at Moodbury rpsd and Marengo avenue in -North Panadens. Mrs. hw,.. n ... dded the Ave famous words that caused ' ui i.B.i-iuiwii.i t war. Taxation without representation is tyranny." . Explaining her attitude. Mrs. Stod car 1t said today: "Wowies i slioiild have a right to say what shall be done with money derived from taxation. I euiplpy u,ree men on tnr place. These men vote and say what shall te ione with my 4x money; Int i. the.i.wt.er of the property, nru denied u a-utn.1 rittht or a ioics in the affairs i f c . rnui '-. I. . . -'. " -. . '; v- ; 60 HARD WITH PLEDGE BREAKERS Ex-Senator Gesner Savs Feo ple Will Not Overlook Thwarting Their Wish. "I believe that any man who makes a pledge should keep It to the letter. I believe that any man who subscribed to Statement No. 1 arid was elected to the legislature on that platform should redeem his pie-due when the time cjmea to vote for United States senator and cast his vote for George K. Chamber lain. I believe- that every man who was ' elected to the legislature pledged to j Kepublican voters' cht-ice sheuld east his vote for H.' M. Cake. And 1 believe that the legislature will abide by Its pledge and elect Chamberlain on the first ballot." In this wise does ex-Senator Alnns-i Gesner of fealem outline his position on the senatorial question. Senator Gesner is one of the old-time Republican war horses of Marlon coun ty. He has fought the battles of the party up in his district for years, and he is still fighting for what he con siders to be the best Interests of his party. "It would be suicide for the members of the legislature to repudiate their pledges," he said. "They were elected because of their attitude on this ques tion. The primary law has com to Oregon to stay. The people want it. They want direct election of United States senators and they are going to have It Just so far as they are able. And it will be a bad day politically for any man who aids in thwarting their will and purpose. I have not heard of anyone who Is going to aid In that work and I do not believe that there Is any doubt of who will be elected United States senator. Chamberlain was not my choice for senator, but he Is the choice of the people of the stato and I want to see' him elected." Mrs. Gesner has been visiting In Port land on business today, and will re turn to his home in Salem this even ing. iiniiToii .t The defense in the case of the United States against James H. Parker, a Baker City banker, on trial before Judge Wol verton and a jury in the federal district court on a charge of perjury, put sev eral witnesses on the stand this morn ing who testified that the mineral on the claim which the defendant filed on under the timber and stone act was practically worthless. i heir testimony was to the effect that the claim which Fred Wunder, the gov ernment's principal witness, had been working fer 23 years, had been gone over time and again by themselves and other experienced miners, all of whom had come to the conclusion that the gold ore which could be mined was not worth mining. Wunder claims that he has had the rights to the land as allowed by law for many years, and that during the 23 years he has held these rights he has done several thou sand dollars worth of assessment work In developing the veins of mineral and has taken out various amounts of gold. The government rested its case yes terday afternoon. The evidence will go to the jury probably some time Mon day. At noon today the court adjourned until 10 o'clock Monday morning. The government maintains that Par ker swore falsoly when he took the oath that the land in question was more valuable for its timber than It was for Its minerals. HEPBURN CALLS FOR RECOUNT (United Prei Leaard Wire.) Des Moines, Iowa. Nov. 28. Congress man Hepburn today announced that he would contest the -election of Jamieson, by whom Hepburn was, on the face of the returns, defeated. Hepburn de clared he did not .believe he was beaten and he would demand a recount. PARKER MID CITY ATTORNEY WAR WITH Assures founcilmen That If They Will Support Him He Will Force Corporation to Remove Steam Trains From Fourth Street. "If my hands .-ire left ;i.t!ed I can force the Southern p.i.-ifir to comply wltft tne ordinar, e wMi h forbids the use of stram eni'.-s on Fourth street." declared City Atiornv Kav anaugh at b. meeting of the frari' hise committee of the council tain morning. "Well ti-Tp nre six of us in the council w ill: viiii.'' (poke r, i 'ourn-ilman Vaughn, "-,i.ri If t!;-- nnvi" ..t.. the time extension i-nvj '.;.. t;n.rf J at the last council meeting c sustain him." '"Why. thnt lei which the railwn "hoped they w :) 'f-r to t'--e r-i-jnotl In - nmi-.T, so p-iMtelv il he aloe' to cr-t off Fourth str.-et 1: year s t ; -r.e Is almi- uteiy nothing hut a veil.-l intimation that the city Is ... Merles'; to "-"furfe le demands," -.-.-.-.tinne.J Mr Vaughn "We have no assurance that even If the Southern Pa. if: ? roes finish Its cutoff between Hfavrrton and Wills burg It will take its steam locomotives GIRLLESS CONNECTIONS FREE TODAY ALL There's a busy buzzing of automatics jand 1000 j4klng switchboards are quickly cpflJftJng and disconnecting themselves toTs afternoon at the Home Telephone biildlng. Park and Burnslde streets. , -t It's the official "At Home" day of the Home people and they are celebrat ing the formal opening of the long dis tance telephone, service ajl the way from Corvallls and Newport In the Wil lamette vallev to BeUingham. near the British Columbia border, and Poit Townsend, on the northern end of the Olympic peninsula and just across the straits from Victoria. B. C General Manager Alfred I Tetu of the Home Telephone A Telegraph com pany issued the invitation for every one to-visit the glrlless centrak and "Home phone if today between t.iti arjd 6T30 and . several thousand people, it is believed, will accept and have a talk, compliments of Mr. Tetu. As n&r.y people as ;can t accommodated .... . - POLICE POWER BIG ADIAf JCE RESCUE WORK HIGHER TM IiJ RATES BALKED f FRANCHISE IS SURE DEBRIS City Attorney Tells Council men People's Rights Can Be Safeguarded in Street ear Grant Half Fares brscussed. If the franchise which the Portland Railway, Light & Power company is now rushing through the council does not contain adequate regulative provis ions, the city will in no wise be left at the mercy of the corporation. The po lice power vested in the city supersede the franchise wherever any conflict arises. Thia In brief Is the opinion handed down by City Attorney Kavanaugh to the franchise committee of the council today in response to the council's re quest to be Informed as to what powers it has to provide regulative clauses in the proposed franchise. How to Protect City. Notwithstanding the fact that the city has this power to protect the rights of its citizens, the council is advised, in the opinion, that It is better to Incorpo rate in the grant all the reasonable pro tective provisions that the foresight of the council can at this time assure. To enforce the police power it la necessary In each Instance where a question of ltn exercise is presented, that an ordinance be passed giving the executive depart ment the necessary authority. If need ful provisions are made in the fran chise, the mayor and executive board will not have to call upon the council except In cases of rare emergency. Among the rights which the council holds In regard to regulating public transportation utilities are the follow ing: Regulation of speed; providing for the use of fenders, crossings and speci fied kinds of rails; the power to require certain kinds of street improvements; and other provisions relating to the use of danger signals, obstructions by cars, sprinkling, transfers, rate regulations, motive power. Insulation, overcrowding and many other things. Half Fares to Young Workers. Councilman Vaughn Inquired If the city has a right to demand that children under 12 years of age may ride for half fare. City Attorney Kavanaugh thought so. If the age limit was a reasonable one. "We ought to congratulate the company for Its liberality to school children.'' said Mr. Vaughn. "They have been pretty good In that respect. Three cent fares have been issued to all stu dents of the public fccnoois witnout re gard to age. But I think that the youngsters who work in factories and help support their families should also share this privilege, that is, those under a certain age which should be agreed upon by the council." "Many of the questions whjch we are discussing here," tmlllngly observed Mr. Kavanaunh. "are aeadecim and might never arise In actuality." "Yes, and they are apt to become epi demic nnd after a while chronically epi demic," answered Mr. Vaughn.' HALE'S KAISER STORY BOBS UP EVERYWHERE (United Press Leased Wire.) London. Nov. 28. It la leaking out from every European capital that the foreign offices have complete copies of the suppressed Interview between Dr. William Bayard Hale and the emperor of Germany. Numerous versions are being published, and they all corres pond in the main with the American publication. One, however, includes a most savage attack upon the Vatican, which is severely criticised for its al leged "interference." It is believed here that Dr. Hale of fered the interview to several European newspapers and probably sold It to two ' or three for simultaneous publication. I The respective foreiirn offices, how- ever, secured Its suppression, but not until many persons saw It and thus widely scattered Its general outline. WANTS HARRIMAN off Fourth Ftreet. Every policy nf the liarrlrnan lines is dictated from a little , offict in New York and 1 firmly be-, ll'-v- that. the railway has no Intention of ever relinquishing the city's streets on wMrti it now has rights "I wanted the council to boirln ouster proceedings nealnst th Harriman lines IS months ago. when wo granted them time. i thought then that we would eventually 'have "to fight the battle in the courts, and now atn convinced that the sooner we take the case through the leKal avenues It must traverse tho sooner we will be rid of th.- nuisance Had my advice been taken at the time Vie council granted the original exten sion the cafe would have heen decided now." iVuincllmen Kollaher.and Rushlight were of the same opinion held by Sir auehn. and City Attorrev Kavanaueh repeated Ins assurance that the ritv can win the hattlo n.ln.t ih no is given JiDerty to the necessary action. take OVER NORTHWEST!;! Thii b a.lloweJ tet-hone wherever they wish on the lines, of the North western Long Distance Tetephope com pany, which have just been connected up with the Portland exchange of the Home company. B " "We are anxious to have everyone test our long distance lines frei of charge." said Mr. Tetu. 'Thev are n :rur:...7.'""'" it is do- there are strong automatic comnMieir at Albany. Coryallls. Seattle. Tacm Belllngham. Porj Townsend and othet points.- . "We think that people will be inter ested to see ho the automatic works and to have It shown them that there Is absolutely no human agency used in maklnsr connections so that tiro mri Is secret. We have no listening per-J alto a, uu. w vac uetier service than girls can possibly glve'V Interstate Commerce Says! Old Equipment Will Cause Railroads to Seek Relief From Shippers Pockets When Business Revives. (United Press Leased Wire. Washington, D. G, Nov. 28. Short age of rolling stock caused by the fail ure of the railroads to keep up their equipment during the recent financial stringency will result in sweeping ad vances in rates, according to the. state ment of members of the interstate com merce commission. "I have no doubt," said one of the commissioners in explaining the situa tion, "that an attempt will be made all along the line to push up rates in every possible way. The railroads have cultivated the Impression that they are not receiving sufficient money to main tain their efficiency and to give good service and pay thefr stockholders any thing. "As soon as business revives the rail roads all over the country are going to find themselves short of equipment. For two years they have bought no roll ing stock to speak of and they have not kept their old equipment In repair. "The railroad managers will soon be gin announcing that they must get more money to lay tracks ana buy cars and that to advance rates Is the only means of getting the needed cash. Whether they will be permitted to enforce their highest rates is something the com mission cannot pass on now. "Already- the advances have begun. The commission has before it one case which Involves an advance in rates in all the -southeast. There - la another case which Involves advances in the southwest." ARMY DEFEATS NAVY ELEVEN (United Press Leased Wire.) Philadelphia, Nov. 28. In one of the most closely contested of the series of annual games between West Point and Annapolis the Army was victorious to day by the score of 6 to 4 the differ ence between a touchdown followed by a successful try at goal by the Army and a beautiful field goal from place ment by the Navy. Both scores were made In the first half. The second half ended with the ball on the Army's seven yard line and the tremendous crowd was equally divided In cheering the two teams at the end. While the middles lost, their support ers claimed they outplayed the Army. Shortly after the kickoff, the Army punted to Long of the Navy team, who fumbled the pigskin. Chamberlain of the Army, who went down the field, re covered the ball and took it to the Navy's three yard line before he was downed. Dean of the Army was sent smashing through the Navy's center for a yard. The Navy braced desperately for a down, but on the next play Dean was shoved over the line. He kicked bis own goal. Score, Army 6. Navy 0. After the Navy kicked off, following the Army's score, the middles develoned surprising strength. Following a few exchanges, with (he ball seesawing In the Army territory, the sailor boys set tled down to business. Richardson crashed through the West Pointers for five vards. n Ian tine- the ball on the Army's 12 yard line. Dalton i maae one yard by a center buck. On a fake pass Lang made four vards. which - brought the ball within seven yards of goal Lang then dropped back and kicked a goal from placement- i-n-ore Army t, wavy 4. This was not changed during; the re mainder of the first There was considerable punting dur ing the second half. Near the end of the half the teams dropped Into straight football, seesawing near the center of the field, neither belrfg able to makel tening gains. Only one forward nans wa made in the second half, the closeness of the contest mnlnp- both teams cautious. , BOARD JUMPER CAUGHT FAR AWAY Rert Johnson was arrested at Tilla mook this morning by Sheriff Cren shaw on telegraphic Instructions from Constable Lou Wagner. The arrest was made on a warrant issued from the Jus iice court on complaint of Mrs. Nen ille. a boarding house proprietor. Johnson ran up a board bill of $50, and then left for Tillamook. Wagner learned his whereabouts and his arrest by Sheriff Crenshaw followed this morning, EYE TROUBLES Caused by Improper rood. Most people would never think of con necting eye disease with the 'food they eat. Hut when we remember that every part of the body every organ Is nour ish"! by the blood and the blood Is ma le of the food we eat. It seems rea sonable to trace even eye troubles to fuod. A N. Y. man had an interesting ex perience at one of the great hospitals In that city that may benefit persons who have chronic eye trouble. He writes: "Four years ago 1 was stricken with an "ve trouble. After beinar unfnicees- fully treated by several physicians and occunsts, i went to a noted in ew xork i hospital. "Otf examination they pronounced my esse Iritis (inflammation of the Iris), ! caused by poor blood on account of ' improper assimilation of food. "T ...... V. rw trukM.A An w. . - keeping me In a dark room and on trlct diet for several weeks. When eaving. the doctor cautioned rne In re gard to--saving the other eye, saying mat i must ne temperate as to my diet and us- neither tea nor coffee. "I told him it would be almost Impos sible for me to get and live on what they had given me at the hospital. He replied: It is not necesssary. As an official here I cannot recommend any private brand of food or drink. - As a rriend i advise, you to try li rape-Nuts, discard all fatty, heating foods as much as possible, especially In the morning." "This advice I have followed, except ing a few times when I have grown careless, but danger - signals always come, such as specks and blots before my eyes and some Inflammation. Ton may be certain 1 go back to what my doctor advised flnm-Nuta" "Tti.r-. doctor advised Grape-Nuts. m. Rne son. Name given by Postum Co., Battle Creek, Mich. Read "The Road to Well vllle." in pkgs. ' Ever read tbe above letter? A new one appear from tbne to time. The re genuine, true, and full of human interest. ' , , . - I Shaft-on Fire and Fear, Is That Timbers in Work ings May Be Ignited Ex plosion Cause-of Disaster at Mariana, (United Press Laased WlraJ Pittsburg, Nov. 28. Two hundred men are entombed in the coal mine of the Pittsburg & Buffalo company at Mariana as- the reBult of an ex plosion, and, it la feared the timbers In the workings will take fire from tbe burning timbers in the main sfcaft, where the .framework was wrecked. It is Impossible to send a cage down the Bhaft and the only way to reach the men is through tae tlr ahafts or by working tnrougn under ground from a nearby mine. Rescuers started at the earliest mo ment from a number of points through the air Bhafts but they have a long way to go and It is believed their' pas sage will be difficult on account of the debris. Crowd of women and children, rela tives of tbe entombed miners,, gathered at the mouth of the shaft soon after the explosion. It Is feared that those who were not killed by the explosion will be over come by gas or suffocated by smoke. Officers of the company are rushing & crew of -rescuers, equipped with the necessary tools, to the scene. At first it was reported that 800 men were Durtea, out tne company mis afternoon announced that not more than 200 men were in the shaft at the time of the accident. The officials of the mine late this afternoon admitted that In all proba bility the 200 entombed men were dead. inspector Jboutniti maae an examina tion of the mine Just two hours before the accident and reported that it was in excellent condition. The mine was one of the largest In the soft coal fields. It had modern equipment and machinery of the latest style and was supposed to be protected against any accident The explosion carried a heavy cage out of the shaft. The momentum was so great that the cage was hurled high into the air and fell 800 feet away from the mouth of the shart. Foreman Harry Thompson, ' who was In the cage at the time,- was blown to atoms. iwo men who were standing near the mouth of the shaft were killed instantly and the fanhouse was partially wrecked, bo that it will be impossible to continue to operate the ventilating machinery. HANDS OF ACH Ruef's Attorney Continues Attempt to Impeach Witnesses. (United Preae Leased Wlrc.l San Francisco, Cal., Nov. 28." Uildei the questions of Henry Ach, attorney for Abraham Ruef, Andrew M. Wilson, former supervisor and former state railroad commissioner, writhed today while the lawyer dragged from him the whole story of his relations with the famous "boodle board." Ach extracted from Wilson a confession that his orig inal testimony, when he first appeared as a state's witness, wrs) "Inaccurate." Ach took great pains is morning to have Wilson explain how lie and former Supervisor Gallagher came to get $10. 000 apiece for their votes on the trol ley franchise when the rest of the su- Fervlsors had to be content with only 000. But when he probed too deeply and caused the witness to wince he found Wilson's memory hazy and his explanations vague. ''Isn't it a fact," asked Ach, "that you and .Gallagher agreed between you to talk to the supervisors and find out Just how cheaply you could get them to stand in on tne iroiiey nmiier. m understanding between you and Ualla sher belnsr that what you could save you -would, divide between yourselves? And isn't It a tact you aeceivea your trusting friends on the board. Ftirey i and Mamlock making them believe that you were doinr the Jiest you i could for them when. n reality, you were setting , your rake off on what should nae gone, to them? .. Ach's Impeachment Tactics. ! Wilson answered indirectly, speaking : vaguely about conditions in tne Doard" and "matters which Mr. .Gallagher and Mr Ruef had arranged between them.'' "You got indicted three times for In accurate testimony, didn't you?" Ach asked Insinuatingly. "Yes," replied Wilson. "I was In dicted, and I am willing right now to abide by whatever disposition the diw trlct attorney cares to make of the matter." As in the cases of Gallagher an 1 Furcy, the supervisors who preceded Wilson. Ach sou eh t to Impeach the- testimony of the witness by suggesting broadly tbst his stories were varied "to , suit the occasion.' The transcript of testimony in previous cases was read ! and comparea witn vvnson s present utterances and the witness was asked to reconcile the apparently conflicting stories. The Ruef trial will continue Monday. Saef Was Wilson's Master. Shortly after the prosecution ended Its uirect examination of Wilson yes terday afternoon and the former sup ervisor was turned over to Ach for cross-examination, Ach tried to show that Wilson was moved to give his present testimony because he feared the possibility of prosecution on threo In dictments and the later possibility of serving 40 years In the penitentiary. "I asked Ruef about the advisability of accepting a free telephone," said the witness, "as I didn't want to be under obligations to anybody during my term of office. Tluef told me I fwould do right to refuse the free Phone, as he did not want anybody on the board to do any graftlng-on the municipality. Ha ssld he would not have any ,of that petty grafting, and he told me he'd- prosecute any super visor whom he caught- taking money, I was glad when I heard thlsf for I wanted us to go ahead and nave a good, honest- administration." - Wilson said -that when Gallagher sp- firoaebed him with $600 of the fight rust's money, after the vote on the fight trust matef had been taken, he, Wilson. expressM- surprise and t told Gallagher what Ruef had told him. He twld Gallagher informed him that the money came from Ruef, and, with that understanding, he took It . O , Vi BOODLER LA ROSE GETS 110 NEW TRIAL Judge Morrow Signs Certifi cate, Allowing Convicted . Murderer to Appeal. Jack Lav Rose, recently convicted of the murder of Hyman Neuman and sen tenced to serve the remainder of his life in the penitentiary, wasdenled a new trial by Judge Morrow In the cir cuit court this morning. The motion was submitted by bis attorneys, Jay H. Upton and L. W. Humphreys, without argument, and was quickly passed on.v Judge Morrow allowed the attorneys for La Rose until December 21 to. file a bill of exceptions on which -to carry the case on appeal to the state supreme court. A certificate of probable cause wa signed by the judge, which has the effect of staying the execution of sen tence and means that La Rose will re main in the county Jail until the appeal is decided. Judge Morrow, from the bench, said that be believed there was probable cause for the appeal In this case, as there are close questions of law In volved, and other cases presenting sim ilar points may arise at any time. He said that he thoue-ht it to the interest of the state and the courts that these questions be determined, and the only way this can be done is through an ppeai. That La Rose will soon be placed on trial for the assault on John Chong, the day following the murder of Neu man. was the announcement of John F. Logan, who appeared for the state this morning. Now that the formal steps on appeal have been completed. La Rose who was legally dead before, Is again under the Jurisdiction of the court and amenable to trial for other crimes. Admission of evidence showing that La Rose assaulted the Chinaman the day after Neuman was killed and that he assaulted Max Herman the dav be fore the murder, in each case using a weapon similar to tne bludgeon with which Neuman was struck, is the lead ing ground on which the appeal is based. It Is claimed by the defense that the testimony concerning the other crimes should not have been admitted, and this is admitted by the state to be a ciose point oi law. La Rose was present in court this morning and heard the new trial de nied without any manifestation of un usual Interest. For the first time since his trial began he wore no flower In his buttonhole. Women Who were in terested in his case kept him well sup- piiea witn roses ana carnations tnrougn out the trial. REVENGE IS CAUSE OF THE MURDER (Continued from Page One.) tor until Detective Tlchenor and police men from headquarters arrived. Dr. Roberts, Dr. Kelly and Dr. H. F. Leonard, who had hastened to Fisher's office on hearing the shot, saw at first glance that the attorney was dead and kept back the crowd of curious clerks and employes who had rushed Into the corridor. Attorney Dolph said that Finch ap peared Intoxicated though he carried himself erectly'; Fisher toppled from his chair when the bullet struck him and with hH knees doubled up and his head drooped over, lay Just as fie had fallen when Dr. Leonard found him. From his po sition It is evident that he did not even turn arbund when his slayer 'en tered tne ornce. Three shots In all were fired. One of these took effect. The bullet passed through the brain of Fisher and em bedded Itself In the wall several feet away. Another bullet shattered the plate glass window facing In Morrison street and another went several feet wild of its mark and to the right of Fisher as he sat in his chair at his desk. The gun was of 38 caliber and of the Iver & Johnson make. Several weeks ago Fisher received an anonymous letter In a disguised hand threatening his life If his diligence in the prosecution of disbarred members was not abandoned at once. These let ters were later turned over to the police I and an investigation started. These letters will now be taken In charge by the coroner to be used later as evidence. FINCH SWORE TO DO BETTER WHEN BEFORE FISHER Finch was formerly a newspaper man In Albany, where he later studied law and was admitted to the bar. He was calendar clerk of the house of repre sentatives In the state legislature In the session of 1905. Soon afterward he came to Portland, and has since been as sociated with C. A. Plggott with offices at Second and Morrison. When the charges were filed against Finch and tho matter was brought be fore Fisher as the bar association prose cutor. Finch declared ho realized he had erred, that his conduct had not been right, but he said emphatically that he was about to be married, that he would be a different man in the future, and that he was wlllinar to plead guilty to the three charges made against him. Finch evidently expected t . , , n .1 .1 .. U... , . 1 1. T stead' he ' 8UgDended for a vekr. The wornan ho mnrrlwl was M, Mav p.itv formerlv matrnn nf h rw. .V.d nmTernUv"home at Tremont M ,(Ufman ywas appointed the ref- ree , thp plnch near,n but no hear. inK wa(, ne,,,ias Mr. Fisher declared Finch had "done the decont thing" by acknowledging he had been In the wrong, and that he was Inclined to meet him half way.. A few days later Mr. Fisher said he was not Inclined to "make a persecutor out of the prosecutor" and that he would not press the case. STENOGRAPHER TELLS OF ASSAULT UPOX EMPLOYER AflRIB Verna Ullr-Vhnrt VTf stenographer, was standing at the door leading Into the private office when the shots were fired. The man who shot Mr. Vlnher Mm. In and I was right In the door, almost beside him. when he said, 'hello, Ralph.' "Mr. Fisher turned his head to see who had spoken to him in this wav. but before he could open his mouth to'snpak a word, the man had pulled out r re volver and fired at him. I Wss very close to him when he fired. I turned and ran to the door, screaming, I expect." Miss Burkhart, who Is but 20 years of age, is suffering severely, from the shock, and later this afternoon no one was allowed to see her at her home, 428 East Thirty-fourth street. FISHER NATIVE OF POLK COUNTY; U. OF 0. GRADUATE Ralph B. Fisher was a native of Polk county, and graduates from the Mon mputh Normal school. He afterward at tended the University pf Oregon. He was -marrjed and hsd a little daughter a year old. Mrs." Fisher Is sister of Thomas Kay, the Salem mill man. i . ; i , An apparatus is being built In Phila delphia for a coal m'nlng and navlgation tomrmnv that will pick up canal boats. lift thtirt 60 feet Into the air, and dump thele contents Into a Storage pile nail, or mv im muwvv tut. . ta - set '.. '.-,. .-.r-V-1- : . '' V"' E ALL THE! Secretary Garfield, After Lo cal Political Situation Had Been Explained Declares Men Who Promised Can Not Break Pledge. James A. Garfield of Ohio, secretary of the interior of the United States, cabinet officer of President Roosevelt and son of the assassinated president, James A. Garfield, believes that men who make pledges to ths people should observe those pledges and should ful fill them to the letter. Mors asd farther than that, bringing the matter horns t(l tha VisWmlss, r si.A gon and the legislators of the state,; he says that no inember of the legislature of Oregon, pledged to Statement No. 1, has any recourse in honor other than the observance of the pledge and prom !"e rmajle M m to his constituents. To make his statements still more per tinent it mav h tta4 v, 1. Garfield made this declaration after tne situation In Oregon had been fully detail6 ai explained In every Situation Explained to Kim. During his recent visit to Portland Secretary Garfield sought for infor mation touching upon the senatorial sit uation here, asking particularly regard ing the working of the primary law, the status and effect of the Statement No. 1 clause of the law, and the causes and incidents which led up to the popular yote being given to Governor Chamber lain by a state overwhelmingly Kepub lican. At that time he discussed the situa tion In all of its phases for nearly two hours with a prominent Republican of the city. All of the differences and factional disputes of the Republican party were made clear to him. The senatorial contest from the ante-primary days up through the primary elec tion, through the general election and until the opening of the present effort on the part of Senator Fulton and his allies to overthrow the law and secure the repudiation of Dledares bv members of the legislature were explained to htm. It was set out that If. M. Cake had defeated Senator Fulton for the Republican nomination, and that In re taliation the Fulton forces had united In the successful effort to defeat Cake by casting their votes for Chamberlain In the general election, with the ex pressed expectation that the legislature would not nave a pledged majority ami would, therefore, refuse to ratify the people's choice. Only One Course Open. After discussing the matter at length and viewing it from all sides Secretary Garfield took a positive stand, holding that men who had given pledges to the people should keep them clear through . to their fulfillment. There Is nothing for these Republi can members of the legislature who have taken the Statement No. 1 pledge to do except to elect Governor Chamber lain to the United States senate," Secre tary Garfield said, as he stated his conclusions. "If these men were In Ohio," the sec retary continued, "and they had taken a pledge of that kind and were to fail to redeem their pledge and keep their promises they would be wiped off the political map of the state." Secretary Garfield took the position that no Republican legislature could. In honor to the members personally, or to the party which these members rep resented, violate a pledge of honor sol emnly and voluntarily given. It was not a question of the advisability of Statement No. 1, but the question of the redemption or the repudiation of a pledge and promise. He held to the high and honorable ground that no man could violate his word without dishon or to himself. TELLS OF WORK OF mm SYNAGOGUE The bulletin issued by the Free Syna gogue of New Tork city, presided over by BabbI Stephen 8. Wise, formerly of Portland, shows the Interesting line of study which Is to be folldwed through the year 1909. In the course of the year Dr. Wise will give three series of addresses The flsst series Is upon the "Rights, Wrongs and Privileges of Man, of Woman and of the Child." Another series is upon "Life Problems," Including prejudices, superstitions, compromises, heresies. A third series Is entitled "Some Modern Questions in Ancjent Settings," Includ ing these topics: "How Shall a Man Find Ood?" "Why Do the Righteous Suffer?" Als Llf Worth Living 7 "How Shall a Man Gain Wisdom? Some distinguished speakers will ad dress the Free Synagogue, among whom are Rev. Algernon Crapsey, D. D.. Rev. Alexander Irving; Professor James Rus sell, President Jacob Gould Schurman, John Mitchell and others of note. A branch of this work Is carried on as a mission. Another branch Is associated with the convalescent relief at Bellevu hospital. Other cooperative work in connection with the social reform Is carried on. All contributions to the Free Synagogue are voluntary, and no charge is made for pews. Dr. Wise is making himself felt as a strong personality and worker for righteousness In Greater New York, as was prophesied bv the many friends who came into contact with him while he ministered to the Congregation BetU Israel in this city. , BUYS INTEREST IX . HOME TOWN PAPER Frank J. McGettlgan. a well known Portland newspaper man. leaves to night for Vallejo, Cal.. where he Is to become managing editor of the Vallejo Kvenlng News. Mr. McGettignn was born in Vallejo. After roaming about the country for years and having "made good" wherever lie went, he will return to his native heath. Just naturally and he-cause he has a good business proposi tion there. Mr. McGettlgan is one of the best known newspaper men on the poast and has worked fn all the prin cipal cities. He has. bought a half In terest in the Evening News . property and will run the paper In connection with Henry StahL who will have charge of the business department. Mrs. Mc Gettlgan will remain in rortland Until after the holidays. PAYS $1000 FINE J. R. Miller of Curry county, one of those indicted in the Los Angeles case In which the government charged that a conspiracy had been formed to defraud Ihe united States out of certain timber lands, paid his fine of- $1000 to A.. M. Cannon, clerk of the federal district court, this morning. Miller and three others pleaded guilty when arraigned. DG CAN DO Judge Wolverton, has-paid his fine " ai-Smlth. Hedderly and Hynes were-glveti f -rl- oiewari, also pned I10U0 by Jail sentences and fines -but are out on bail pending ah appeal. - . . . v? V