The Oregon daily journal., December 27, 1908, Page 1, Image 1

' . - - 1
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. . This Iain of-"
The Sunday. Journal -
7 Sections 58 Pages
JOURNAL CIRCULATION
YESTERDAY WAS
31,914
The weather Sunday fair and
continued cold; southeasterly winds.''
PORTLAND, v OREGON, SUNDAY ' MORNING, DECEMBER 27, "1908.
.: VOL. V. NO. 41.
PRICE FIVE CENTS.
IS
:lJX
Only Fellow Prisoners of De
fendaht Give Testimony
' to Corroborate His Story
' of Shooting Wife 3Iafos
Her Deposition.
With the testimony of the defense
practically, .closed,; the story of
James A. Finch that he hot and
killed Ralph B. Fisher .to protect
his own life after he had been dazed
by a n6tarlal seal hurled at htm by
Fisher remains uncorroborated, ex
cept by the prisoners In. the county
jail who have sworn that, Finch had
scars and bruises on his face and
body when hie was taken to the Jail
on tne afternoon of November 28,
the day of the shooting. '
The statements of Finch's friends in
the Jail are to be met by rebuttal testi
mony on the part of the tat torapr.
row. , The entering- wedge on -this line
came yesterday when District Attorney
Cameron waa. called to the stand by the
defense and said that when he talked
with Flnchst the city Jail he say no
bruises on the defendant countenance,
although the light was good..
' Wife Give STidsnoe.
When court adjourned yesterday aft
ernoon Finch's attorney announced that
he had finished his case, except for the
testimony of Mrs. May Finch, wife of
the defendant, .which was taken suit
night at the . hospital where she is 111.
He reserved - the right to - call ,B. J.
Watt If he can be found,-: and also
asked to hare Miss Verna 1 Burkhart In
court for ths purpose of asking ner an
Impeaching question regarding the gun
that was found in Fisher's desk.
Yesterday afternoon the defense, sur,
Trlsed everybody by calling Deputy Dis
trict Attorney Fitzgerald and District
Attorrtr Tt. Cameron to the stand, each
of whom landed several Jolts on ill de
fense. , The defense also appaently
played Into, the hands ,of the elite by
making Carl ' Smith; a Journal hortee,
It own witness, although he hnA been
subpoenaed by the state, and confflrmlng
by him the statements made ealler ,in
the day by Edward H. Martin. Relative
to the information given by Martin that
led him to go to-Fisher's office on the
Thursday following; the shooting and
there finding Fisher's notarial seal,
locked Up In the dead man's desk.
, Juror Called as , Witness.
Surprise was also caused; by the tac
tics of th defense in taking a Juror
from the box and making him a witness.
The Juror who had this unusual ex
perience was Charles J. Bush, a laun
drv driver. He was asked whether-he
had conversed In the halls with Andrew
V. Weinberger, a special officer of the
district attorney 8 office, and answered
that he had.
"D'.d he say anything to ?you about
this case?" asked Attorney Lord, who is
in charge of the defense.
"Nothing In the ;' world about this
case." was the answer. -
"If he had you would have repulsed
him?"-pursued the attorney.
"I certainly would . have," answered
Bush.- with emphasis.
Weinberger was also called to the
stand, this evidently being a fishing ex
pedition on the part of the defense to
make- it appear that some one from the
district attorney's office had been tam
pering with the Jurors. -
Weinberger said that he was person
ally acquainted with two of the Jurors
and had spoken to several of them since
the trial began. He was not asked If
he had talked with them about the
. case, and the state's attorneys did not
ask litm any questions. . ,
I Lord Inserts Fro be.
"What have you been doing out in
the halls?" demanded Iord. '"You haVo
been watching the Jurors haven't you?"
"I have nop was the quick response.
(Continued on Page Four.)
LOVE SICK IMP
TAkESlplIC
John Koenig Commits Sui
cide Leaving Touching
Note of Farewell.
Despondent because of a love affair.
John Koenlg.a blacksmith 21 years of
age.; living with his another and step
father at.354 Eugene street, committed
suicide by drinking carbolic acid .late
yesterday afternoon. ' : '. '
' "Goodbye to all" was the note he left.
In another note he mentioned the name
of the girl he loved and, bade her a
touching but brief farewell. .
Koenlg.- 'who formerly worked for
some of the larger blacksmith shops in
the city, had not been employed regu
larly for some time,-and Jt Is . under
stood that his love affair , had so un
settled his mind that he began to drink
too freely. r -
' Buying the acid yesterday, he. Went 'to
his room and drank enough to cause al
most Instant death. 'Deputy Coroner E.
G Dunning made an investigation, but,
trie two -short notes left by the young
man. and the empty acid bottle, fully
explained .the cause of death. -
DEAD LETTER SALE
. ': BUSINESS IMPROVES
' iCnlte Press iMted Wire l .
"Washington. Dec. . 2. Over $3000
more was realised by the postofflce de-
fisrtment by the Christmas sale of dead
etter packages this year than last. This
year's proceeds were $11,300. Under
the law the money must be held for
three years,1 during which time the send
er of any dead letter package sold may
claim trie amount at which It was
knocked do n. , . . . ,
IS
CLOSE
PARDONS HOT
FOR LABOR
LEADERS
President Has Nothing: Yet
vto Act UponLet Leaders
Exhaust Judicial Keme
dies, Their Ask Belief if
They Need It.
(Meant: Newt by Longeit il Wire.)
Washington. D. C, Dec. 26. Presi
dent Roosevelt today authoritatively
announced In a statement given out by
Secretary Loeb that he cannot Interfere
f ending a decision on the appeal In
he contempt cases and jail sentences
Imposed on Samuel Gompers, John Mit
chell and Frank Morrison, officers of
the American Federation of I-iabor, by
Justice Daniel Wright of the District of
Columbia, supreme court. - .
After the appeal is decided, and If It
Should afflrnf the decision of the lowr
er court... the president will be In a
position to consider a pardon. Various
appeals have been made to the president
to interfere by pardon In the case of
Gompers and his associates. v Those
making1 the appeals are unaware of the
fact that the matter is still before the
courts. It is a civil suit between pri
vate parties and there has been no way
byt Whlcht the government could inter
vene if it desired to do so. Whatever
the president thinks of the sentence of
Gompers and his associates Is at present
of, no consequence, but he cannot take
any action or express any opinion while
the case Is pending before the courts.
When final decision is made them the
president can properly consider -whether
the terms of Imprisonment are excessive
or improper, but is, of course, Impossible
for the president to act while an appeal
Is pending,, for he has nothing what
ever to act about. The courts must
finish with the case first and. the de
fendants are at the nresent moment at
liberty on ball. If the defendants see
fit to abandon their appeal, the mat'
ter will then at once be brought before
the executive. in which case it will re
ceive immediately and most care In 1 con-
(deration, but the defendants have a
perfect- right to prosecute their ap
peal'1 and If unsuccessful in the final
court then to ask for a pardon or com
mutation but as long as they prosecute
an appeal the. president has nothing to
do with the matter, i . ;
It Is stated at Federation headquar
ters that " the appeal will - not be
abandoned, and no prayer is to be made
to the president for a pardon. Labor
leaders . want the question Involved In
the case against Gompers, Mitchell and
Morrison Bettled by the highest tribu
nals. They feel that to call off the
appear would be to confess guilt, which
they have consistently denied. They
have been advised by their counsel, Al
ton B. Parker, of New York,, and by
other leading attorneys, that the de
cision of. Judge Wright will not hold
before the supreme court of the United
States. i
Attorneys for Gompers and his as
sociates have 40 days In which to file
their appeal before the district court
of appeals and it will take that court
some time to reach it. The arguments
will consume some time and the court
will go, into the case fully before ren
dering an opinion. It will be late in
the spring, or even summer, lawyers
here say, before the court can hand
down an opinion. After that may come
the appeal to the federal supreme court
and more delay..'
GOMPERS SAYS
OBJECT LESSON
' . IS CONCLUSIVE
(United Press Leased Wire.)
Washington, Dec. 2. "If I am forced
to go, to prison, it will demonstrate to
the laboring people of America that
there Is need of an sntl-lnjunctlon law,"
said Samuel Gompers, president of the
American Federation of Ibor, to a
United Press representative tonight.
Gompers had been away since last
Wednesday, when Justice Wright sen
tenced him to a year in Jail for- viola
tion . of the injunction In the Buck
Stove and Range case,
i- When shown President Roosevelt's
statement of this afternoon that he
would take no- action until the deci
sion ot the higher courts had been ren
dered, Gompers said:
"I have absolutely nothing to say
about this at this time. I shall dtk
cuss It later,, however, and shall have
something to say about the sentence
also.
"It demonstrates one thing at least,
(Continued on Page Four.)
TO
QUIZ
STOCK
Hughes Committee Organizes for Its Inquiry, Selects
, ' First Point of Attack and Sets Date Cot
ton and Produce Exchanges First.
(United Press Leased Wlre.t
New York. Deo. it- The special com
mittee appointed by Governor Hughes
to recommend what legislation may be
found necessary . to the regulation of
Wall street operations 'In stocks and
bonds finished its organisation-, today
and adopted a plan of procedure recom
mended by the two tommittees. i '
The course outlined provides for a
quia of Wall street operators hs to
what - remedial legislation they deem
necessary, and why.' -i
Maurice L. Muhleman, formerly dep
uty assistant treasurer of the united
States, secretary of the Hepburn, com
mittee and author iOf many reputable
works on corporations and finance., was
unanimously chosen ., secretary of the
committee.- -,-, . -
- An added touch of sincerity Is lent to
the purpose of the-committee by reso
lutions to defray the expenses of the
long, tedious Inquiry by contributions
from the lndlvlfljial'members. The leg
islature f 1909, -Which may be called
on to consider the report of this com
mittee, will he asked to Appropriate
funtla to reimburse the members.
Chairman Page of the sub-committee
On. plan and scope submitted a, report
BUREAU
Taf t .Plan Places Control
That Controls, in Bureau
of ; Corporations Com
merce Commission 'Judi
cialEff ace Antagonisms.
( Hearst News by Longest Leased Wire. )
Washington, Dec. 26. There was
much Interest shown here today in
special dispatches from Augusta, Ga.,
purporting to be an outline of President-elect
Taft's plan for a greater
control of corporations. The plan given
has three cardinal features:
- Decreasing the powers of the Inter
state Commerce commission,, clothing
It with only quasi-Judicial functions.
, Increasing the powers of the bureau
of corporations In the department of
commerce' and labor by giving It ad
ministrative Jurisdiction over all cor
porations, on all legal and technical
matters.
Thls plan of better control of cor
porations does not include a federal li
cense, which has been recommended by
the bureau of corporations and in
dorsed by Secretary Straus of the de
partment of commerce and labor.
Judge Taft is said to favor some pro
vision which will compel corporations
to submit themselves to the most
thorough scrutiny by agents of the
bureau.
trans Kays, "Good Scheme."
"It's a grand J good scheme," said
Straus. "Judge Taft's idea is splendid
and Is certain to result In great good.
In my last report to congress I pointed
out the need of some central body Which
would have the right to deal with cor
porations and combinations. There has
been, largely as a result, of Ahe, work
or the present administration, an ad
vance In the attitude of the financial
leaders of the country and a recogni
tion of the fiduciary exercise of their
commercial powers, accompanied by a
willingness to-cooperate with the gov
ernment , In correcting corporate evils.
There should be a definite system of
active, positive supervision and regula
tion through an- administrative of flee,
Such a system has the supreme ad
vantage that it gets at results by co
operation, rather than opposition. It
is constructive ndt destructive.
"The five years' experience of the
bureau in its dealings with corporate af
fairs has made it clear that the great
est advance toward corporate reform
must come through some general sys
tem of publicity. The logical conclu
sion rom the work of the bureau thus
far points to the imperative need of a
federal constructive system for the pos
itive supervision of Interstate commerce
corporations, to the primary end of se
curing efficient publicity in corporation
affairs.
"It is becoming more and - more
obvious that the work of the govern
ment in regulating corporations should
not be directed at the mere existence of
the corporation Itself, as such, - but
should deal rather with the way In
which the corporation's powers are
used, so as to prevent as far as possi
ble the misuse of power of these great
Industrial forces. Only such combina
tions as are formed for wrongful pur
poses should be brought under the con
demnation of the law. It Is useless to
Ignore the operations of the economic
law that has brought about the pres
ent concentration In business.
Whenoe Opposition Will Come.
Taft's plan for a sweeping reorgani
zation of the whole scheme of , rail
road control embodied in the Hepburn
law will meet with opposition from
the ' Interstate Commerce commission
and in congress, where lt will be con
sidered In the new legislation required
to carry it into effect. Commissioner
Prouty Is the only member of the Inter
state Commerce commission who favors
making that body a Judicial one purely.
The plan is in direct line with the
frequently expressed wish of Taft to
do everything in his power to. expedite
the administration of Justice In . this
country.
This reform will affect the depart
ment of agriculture, as that depart
ment, by the operations of the pure
food and other laws, has much to do
With certain classes of corporations.
Arrangements will have to be made in
the detailed plan for the agricultural
department to give the bureau of cor
porations any assistance that may be
required. .'.-..-
recommending a Joint investigation of
the produce and cotton exchanges be
fore wielding the Inquisitorial scalpel
on the New York stock exchange.
No particular reason for the change
of front was made public after the con
ference. The deliberations wiJI extend
over- more than three months. In the
opinion of Chairman White, who re
fused to recommend that the shroud of
secrecy be withdrawn - from the ses
sions. - -. "
On January U the committee Will
make-Its Initial Investigation and a
number- of Invitations will.be extended
to the Wall street operators who-have
so loudly proclaimed their wish" to ex
pose the- machlnattons of the financial
system that has so long mystified a
curious-world. . .....
. The committee is without power to
summon - witnesses or to compel an
swers. The bankers and brokers will
be asked te back up their suggestions
with evidence of ' grtoit and sufficient
reason. In order that enforced innova
tions may not b perverted to the det
riment of the' small operators and the
aggrandisement of the extensive manlD-
tilatbrs whose power Is felt throughout
me marital oi ui enure worto, ,
OPERA
TORS
BALLINGER THE MAN FOR ;
THE PLACE, SAYS TAFT
1 ;.Vr : l;-p; -r m
, , fL i 5
. l mm . 1 .?
- ., 'I..'.. ! ' -.jju., -uriniMitiirinMi L
; . ' . .y- j f J
SftsxW. nt-ytarr ...-y.o.J If e
Cabinet Room at Top and Richard
A, Ballinger, Slated for the Secre
taryship of the Interior, at the Bot
tom. Washington. Dec. 26. It seems to be
generally believed that the next secre
tary, of the interior In the new Taft
cabinet Is to be Honorable Richard A.
ftalllnger of Seattle, Wash.' Mr. Ball
Inger for some time past has been com
missioner of the general land office In
the national capital. He is a lawyer by
profession and Is 50 years of age. He
was educated at the University of Kan
sas and at Washburn college, Topeka,
Kan. He commenced , the practice of
law In he state of Washington, where
he became United States court commis
sioner. Later he was judge of the su
perior court of Jefferson county. Wash.
He was mayor of Seattle from 1904 to
1906, He,;became commissioner of the
general land office March 4, ;1907, and
has , held the office ever since. .The
great Intimacy and accurate knowledge
of the affairs of the land office have
eminently . qualified Mr. Balllnger . to
tea, higher -lirth interior department
to the secretaryship of, the entire bu
reau.
Geographic Board Objects
to Absurd and Ridiculous
Appellations of Places in
State and Will Attempt to
Change Them.
The first meeting of the Oregon Geo
graphic board in this city was held yes
terday afternoon in the office of the
resident. Will O. Steel. In the Lumber
Exchange building. At this meeting the
f lan or tne board was outlined and der
nltely decided upon. Counties were
assigned for the collection of data re
garding early settlers and absurd and
ridiculous names were declared against.
It was decided to ask the legislature
for an appropriation to defray the ex
penses of the committee and the first
resolution was made.
One of the greatest duties of the com
mittee will be the settling of disputes
as to what the real name of some val
ley, brook or mound Is, and another and
perhaps the greatest will be the selec
tion of appropriate names for all sorts
of towns, rivers, mountains and places.
According to jonn u. riorner, treas
urer of the board, a civil engineer tocrtc
a party out t into one ot the wild and
uninhabited parts years ago and start
ed in to name every place of interest
which they came- to. First he named
something for .himself, then for his In
strument man, and right down the. line
to the ax man and water carrier, enns-
tentng some spot of interest for every
one of them. Then they passed a moun
tain, not such a very big mountain but
one worthy of a-name at least they
thouaht. and so the -surveyor called It
for his dog. "Jack Peak."
Buctt outlandish names, tne ooara D
lieves. are unbecoming the dignity Of a
state and In a measure at least, detri
mental. Many duplicate names have
been found and will be changed by the
board If the-people living in the vicin
ity surrounding these places will con
sent ,
One of the cognomens which met with,
the most disfavor -when mentioned yesterday-
afternoon was Pitt mountain.
The board doesn't like the sound of the
name Pitt. And then " the name Is Pit
anyhow and not Pitt. It was named
Pit . after a tribe of Indians who. lived
at Its base In Jackson county and who
dug' pits in the gf-ound to catch their
game.' Before that time' the mountain
was. known for-JO years as Mount Mc
Loughlan and the board will attempt to
have all maps and government surveys
show the mountain by its old name.
George . H. Hlmes has a veritable
storehouse of legends regarding the dif
ferent names throughout the state, and
it Is very-likely that a great many of
the old Indian tales and traditions .will
come to light In the new task of getting
out the muck rake after the "handles,
of places and things -that don't seem to
fit. -. '. .
It Is likely that Grayback mountain
will be called . Marble mountain, If the
wish of the- board carries and 8ucker
creek,; which springs from this moun
tain, will no doubt be called Marble
creek. This Iw because of the fact that
Oregon's marble beds are situated on
Qraybark mountain. .'.' : 'v - 1 ;
1 Nobody wants to change' th name f
th Willamette river but the fact de
' j -v v -'--. - : , -- . ;-";'
1ST GO
H
I 11
vekrp-eSste&Sytiia
is ispeiiea s not-cerrci.- waie wora is,
according to Mrv - Hirncs. . Wallampt,
which- 'in the " Indiail " language'; means
green water.- Mr. Himes-says that- the
river was named by a tribe of Indians
who lived a short distance south of
where Eugene Is now situated, and that
there the waters of the Willamette are
tinted with a soft green, and so that ac
counts for the nam- Willamette.
Another title which the board is In
clined to Relieve -absdrd ' ls-that -of 'the
town of Echo. j T-here doesn't.seem to
be any ecno?-there,-And so the .name is
Inappropriate.; th'ey. figure, i Besides,
there is a, very pretty i legend about the
town, and a new name - which a-ecalls it
will -be suggested.-. . - ' : , ' , .. ?
However, the board will not attempt
to force a name of their own suggestion
on any locality, so before any of the
titles are altered the -matter will be put
before the residents of the community,
who will be allowed; to decide whether or
not they want to call the river or the
town, or whatever It Is, by some other
word.
Incidentally,', every postofflce in the
state will have a' name of Its own, if
possible, all - to Itself, and not after
any living man. ; '
The state legislature will be asked for
an appropriation to defray the expenses
or stationery, traveling expenses
and
other incidentals.
. The 34 counties in the state were di
vided up for work among the five mem
bers today as follows: wm a. Steel
Multnomah. Clackamas, Hood River,
Klamath, Lake, Josephine and Jackson.
Joseph Schafer -Iane. Douglas. Coos,
Lincoln, Linn and Curry. John B. Hor
ner Union. Wheeler. Sherman. Crook,
Polk, Benton and Gilliam. George H.
Himes Clatsop, Columbia. Marlon, Til
lamook, Wasco, Washington and Yam
hill. Major Lee Moorehouse Baker,
Grant, Harney. Malheur, Morrow, Uma
tilla and Wallowa.
APPOINT All)
FOR GRAFTERS
I "OREGON INDUSTRIES" NUMBER
The Journal will print its Oregon Industries number next w
Thursday, December 31. It will speak for Itself. It will carry a
message of industrial Oregon to the four corners of the earth. J
There will be some "good things' In this number, and they will i
all be "true of Oregon." Copies of this paper can be had for the J
small price ot two cents each, and they will be worth the money, ?
and If those who buy them desire to mail them to friends the J
postage will be three cents extra, In wrappers at The journal X
' office or ,f roih boys on the streets, ready for mailing. Those w,ho J
"take pride" In Oregon and desire to send a New Year's. message ,.
,to friends at a distance can be supplied.: The Journal does not T
exhort anyone to patronize the Issue, as The Journal will lose a X
"mite of money" on: each copy, as the net price obtained for a
copy will, not be as much as the cost of the white paper alone in X
that copy. Yet the circulation of this Issue of The Journal will , J
not be less than 40,000 copies, and as many more as the! liberal ,
. 'public-deslre to make It for the good of Oregon and her people! f ; J
rwwwwAiwwwWWww4wW
S
H. W. POOR
COMPANY
ASSIGN
Liabilities of Well Known
Wall Street Banking Firm
Are Estimated at Between
$5,000,000 and $10,000,
000. .
(Hearst News 6y tiniest Lessea Wire.)
New York, Dec. 26. The assignment
of H W. Poor & Co., bankers and
brokers at No. 33 Wall street, startled
the financial world today, as also did
the revelation that Henry W. Poor was
the sole member of the firm doing busi
ness under tht corporate name.
Definite facts as to the liabilities, as
sets and creditors were withheld for the
present by the attorneys In charge, but
in Wall street circles the liabilities are
estimated at from $5,000,000 to $-1 0,000,
000. From the moment that a typewritten
notice appeared upon the doors of the
banking firm this morning, announcing
the suspension, those Interested mysti
fied inquirers by concealment of facts
and an Indefinite "public statement."
When the statement appeared it was Is
sued by the personal counsel for Mr.
Poor, who also was announced as at
torney for "certain creditors," and to
him the lawyers for the - assignee re
ferred all inquirers.
According to the copartnership and
corporation directory, the members of
the firm of H. W. Poor & Co. are
Henry WPoor, Henry V. Poor, William
N. Phoenix. Franklin W. Hunt. Charles
F. Cushman and Frederick F. Farrar.
The latter is manager of the Boston
branch of the same corporate name.
Hunt and Cushman also reside In Mas
sachusetts, but their connection with
the New York or Boston house was not
further indicated by the lawyers.
, Sou ef uses to Tilx.
. . HenrvWPoOir. a lawyer. Is' the son
of Henry W. Poor. He corroborated the
statement that his father was the sole
member of the Wail street banking
house conducted under the corporation
name. . Beyond this admission he re
fused to make a statement, referring all
other questions to the lawyer who acts
for his father and "certain oreditors."
When the lawyers were asked if Mr.
Poor was also the sole member of Poor's
Railroad Manual company of New York,
of which he is listed as president In the
corporation directories, the attorneys
consulted a moment and then said they
could not rive a definite answer.
Other financial records, show that
Henry W. Poor is the president of the
Postal Telegraph Cable company of
Texas and a director of the Missouri,
Kansas & Texas Railway company, and
of the United States Casualty company.
Assignment Announcement.
The formal announcement of the as
signment reads as follows:
"Notice Henry W. Poor, transacting
business in the city of New York undor
the name of H. W. Poor & Co.. has this
day made an assignment for the benefit
of creditors without preference, to
Mark T. Cox of the firm of Robert Win
throp & Co." This notice was signed by
Strong and Cadwallader, "for the as
signee." and by Hawkins and Delaffeld,
"for certain creditors."
Qfflcers of the Wlnthrop company re
ferred Interviewers to the lawyers, who
lii turn referred them to Hawkins and
Delafield. the representatives of Mr.
Poor and "certain creditors."
Hawkins and Delafield Issued a state
ment, saying:
"A superficial examination Justifies
the belief that if the creditors, who are
few in number, will cooperate in en
abling the assignee to effect a favorable
liquidation of the assets, a large sum
will be realized for their benefit. Writ
ten assurance of Important financial as
slstance to such creditors as will co
operate to that end have been given."
Attorneys Also Silent.
Mr. Delafield was asked for more
definite information ss to the amounts
Involved, names of creditors, etc., but
refused to amplify the statement.
It soon became known that an inde
pendent ' creditors' action was on foot
for the purpose of having a federal re
ceiver appointed. When one of the law
yers was asked about this, he said:
"There will be no receivership if we
can avoid It."
According to gossip in Wall street,
the causes which brought about the
downfall of the banking firm were the
result of dealings in sugar. There were
other rumors, but they lacked definite
basis. Practically the entire financial
district Is closed for the holidays, and
the time was well selected for secrecy.
Howard Wllletts of the Westchester
hunting set is one claimant against Mr.
Poor who has a case pending In court.
He brought suit to recover 1243,000
which he claims he had invested upon
the advice of Mr. Poor in a western
railway. The suit was started a year
ago but did not neeome public untu last
month. His attorneys said today that
he could not be regarded as a creditor
and that he did not know of the impend
ing failure.
Poor's Past Connections.
Henry W. Poor has been prominently
Identified with the banking business
(Continued on Page Four.)
DEFENSE
IS
(i
HIS
Judge Crane's Ruling Al
leged to Have Been Favor
able to Man mo Killed
Annis May Introduce.
Suppressed Scandal.
By James French Dorrance.
New York. Dec. 26. Thorntofi Jen-'
kins Mains this morning listened to a 1
graphic outline of his defense. . The
detailed story of all the defense hopes I
to prove to save him from the electrlo i
chair was told by Joseph A. Shay. !
Mains' junior lawyer.
In the course of the argument Judge i
Crane made a ruling which becomes the :
Greatest victory yet scored by the de-
ense. After almost crushing the prls- ,
oner and his friends with a declaration :
that he would not hear a word as to
the guilt or innocence of Annis and
Mrs. Claudia Hains, he showed three
ways in which the defense could gel
In any and every word of the scandal
which is alleged to have erased Captain
Hatnp after ruining his home.
- Way No, I was to show that Captain"
Halns' mental condition was due to
his belief that Annis had ruined his
home and. connecting Thornton Hains,
as the custodian of his brother, an in
sane man. ... ... -
Did Thornton Halns hear' from any
one that Annis bad ruined his brother's t
wife? This-, was way No. J.
The third manner of getting at the .
scandal., the vgreat life preserver for
Thornton Halns. was the Introduction
of evidence that Thornton Halns be- ,,
lleved his brother's home was ruined -
u; aiiiiib hiiu umfc tim vmm ifmm
sane as. a result.- - I-
It was & novel Inversion of the un
written law. It was a complete sur
prise to the statei f -This ' victory . was .
followed with . the positive statement
that when Captain Halns goes on trial
his Insanity wllli be admitted by the
defense and the best expert witnesses
will be called to prove, the admission.
The 'opening- of the1 defense wa
punctuated by growled objections from
Prosecuting Attorney Darrln. In nesr- .
ly every. Instance , these- were overruled
by Judge Crane an only served to ac
cent the points which! Shay was trying
to get before the Jury.- , - i
Barria Oojeets. 1 .
Darrln objected even to a brief de
scrlption of General Halns, the prison
er's father, and a line about the moth
er's ancestry. He objected at the first. .
mention of Molly, the defendant's four
year old daughter.
When It came to the mention of Annis ,
and Mrs. Claudia Halns, the wife of
Captain Halns, Mr. Darrln made every
effort to keep out the scandal talk.
Finally Mclntyre, angered at the re- ,
peated interruptions, answered back: .
"Is the district attorney afratU to
have the truth brought; out in this
case?"
IV developed today4 that the myster
ious witness on whom Thornton Hains
defense Is based Is C. Raymond Weaver,
an agent for the Halns concrete mixer
and a concrete contractor. ' He was lu
court today, a white haired man with,
a youthful face, who has known Thorn
ton Halns for years. He will be a
willing witness and seems able to tell ,
a straightforward story of his meet-;
Ing with the Halns brothers on the day
of the tragedy and his final refusal to
go with them to Bayslde and, look at
the property. ' . . 1 ' ... ,. -
"Nothing can prevent the acquittal of
Thornton Halns after Judge Crane's
ruling today," said John F. .Mclntyre
this afternoon.
Mr. Darrln's blunder tn reading Thorn
ton Halns' letter to th editor of Recre
tlon gave us an opening. We drove In ....
the wedge today when we got a final
and definite ruling from Judge Crane,
Must Oo to Jury.
"All of the defendant") story of the
failings of Annis and Mrs. Claudia
Halns must now go before the Jury In
Just as great detail as we think: Is nec
essary. Let me assure the publle that
we are not going to throw mud at the
United States army. It is not a. case ,
In which the army Is concerned."
It Is now definitely settled that both
General Halns and his wife will take
the stand In- defense of Thornton Halns.
Mr. Shay said as much to the Jury
today. ' -.'.
The validity of the Indictment was
(Continued on Page Four.)
30 QUAKES III
IE WEEK'S IltlE
Bain' of Plaster in Vicinity
of Virginia City,
Montana.
I Special IMspstek to The Joarnsl.)1
Virginia City, Mont., Iee. 18. Thirty
earthquakes -hai e been felt In this sec.
tton since last Sunday "afternoon. - The
last tremor was recorded at 4 ;3 9 yes
terday morning.-' -.-. -
- The ground, has trembled very per
ceptibly, with - the earth wave appar
ently coming . from the ' south,' which,
has-lent color, to the theorv that a big
gevser is about to burst forth in-Yellowstone
park, which lies 7S miles
southeast of Virginia City. :
No damage, has resulted, other than
that - considerable ptaster has been
thrown down. ,..,'-
CIVIL WAtt VKTKHAX
AXSWKKtf LST CAM,
fSpertnl Irt-TStca to Tt J-mtut
Anaconda. Mont., Ie 2. VViii '
Dohson, a well known pioneer f i
City and'a veteran of trie civti .
died here tO'lnv. iKihs-m t.tvH
board of Admiral Toner C , s . . !
Nvack, at the lnmiirlii.M if -i
Fisher. wbsn was a n,,irr J
fight trt nli't A'timr-m (-. !, i i .:
tlutoatetl lnii.:li(ii!ii.iJt.
A