The Oregon daily journal., December 28, 1908, Page 2, Image 2

THE OREGON DAILY JOURNAL, ' PORTLAND. MONDAY EVENING, DECEMBER 28, 1903.
fl
fJ
Instrument - Which Finch
4 Alleges . Fisher Used as a
Weapon of Assault Wras in
:a Closed Pigeonhole
Testimony in Rebuttal.
Damaging Jolts to thi def 'ense -of
, i Jameg A, Finch were dealt before the
jury in Judge Bronaugh's department
fthls morning, hen tlie state began
Sits rebuttal testimony and showed that
? the notarial seal with which Finch
claimed he was assaulted by Ralph B.
Fisher was- found after' the hoottng
Inside a closed pigeonhole of Usher
-.desk. By Jailer It P. Hunter, Deputy
f Sheriff Frank Beatty and a Journal
cartoonist it was shown that no marks
Jivere visible to them on Finch's head
n the afternoon of the tragedy.
Another striking feature of the ses
r ston this morning -was the complete
failure of an attempt by the defense
-to Impeach the testimony t Mlsr v cr
na Burkhart, stenographer for Fisher,
?nhe only living witness who saw Fisher
!?shot down except - the defendant hlm-
self. Miss Burkhart was brought back
tfrom Albany, where she had gone to
''spend the holidays, for the purpose of
enabling this attack to be made on her
testimony. When the defense had fln
Isished with her no effort was made to
contradict her testimony, as what she
'said agreed with the , previous state
!rnents she has made concerning the
.details so vividly impressed on ner
I. memory on the afternoon of Novem
ber 28. - '
IS , Sad of Case bLSlfbt.' V,
Jj At 16:35 o'clock this morning the de
I Pendant's case was closed, and the first
witnesses were called In rebuttal. Dep-
uty District Attorney Fitzgerald stated
!fat the time of the noon adjournment
Ifthat he considered his case in splendid
J. shape and will offer only a little addl-
tional testimony, as the remainder of
f'what he might offer-would be - only
! cumulative. This means that arguments
!,to the jury will begin this afternoon.
I and the case probably will go to the
Jury tomorrow afternoon.
, The. defendant and his attorneys do
1 not appear to be disheartened by the
J damaging testimony brought out this
morning in tracing the seal and rebut-
ting the testimony as to injuries on the
'defendant's forehead when he was taken
I to the county Jail. Finch was in good
spirits and continued to advise with his
f-attorneys on every point that came up.
J 1 le and his attorneys say they have
I gained comfort from testimony given by
1 several of the witnesses for the state,
though in what way they expect ad-
vantage from It Is not clear.
2 Jadga does on Stand,
J, Judge Bronaugh. was placed . on the i
J, witness atand for a few minutes this
f morning, - vacating the bench for that,
purpose., "He was ewked concerning the;
I. condition of Mrs. Finch, who Is 111, and
.whose deposition, takr-n. Saturday night
-in, the court's presence: was read before
the Jury this morning. During the
I course or tot trial me juage, an
J. one out of six attorneys, .the county
K-lerk, the. court reporter and one of
f 'the jurors nave oeen on ine siana. ;
J It waa . by. G. Everet Baker, former
I, law partnerVof Fisher.' that tha state
i showed wnere trie seal or me uean -
Horiatlon proseoutor was found.. Finch
' hurt ftAi A that it was thrown at him
I'while he. stood near the door, that it
. 1 lnM ant V. n t if VlA rif rr tiA
it up before leaving the office he could
not remember where he- put it.
By Baker it was shown that he vls
1 ited the office of Fisher Just after
I the shooting and looked Fisher's desk,
taking the keys with him. Monday,
!. during a, further examination of the
desk In search for threatening letters
Fisher had received, he opened the llt-
tie pigeonhole at tho top of the desk
1 and noticed the seal there. At that time
I no Importance was attached to the seal,
I as it was not known that Finch would
claim he. was struck by It.
The next , tlme the seal appears In
'the case -Is when it was found in the
!same pigeonhole by a. reporter for The
Journal, who had been given a "tip"
bv a prisoner In the Jail that It might
..play an Important part in the defense.
, Asks Pointed Question.
I. This shows the significance of one of
, the questions asked of Finch on cross-
! -examination by Deputy District Attor-
nev Fitzgerald:
. ' "You would not conceal ,a fine bit of
'evidence like that, would you?" refer
I ring to the seal.
"No. I would hot conceal anything,"
j:a1d Finch. .
I. In addition to the testimony of nu--merous
witnesses who first arrived at
the scene of the shootin'g that they saw
I no instrument of any kind lying on the
('floor or desk, the state thus adds th
l.proof that the seal was first seen on
4 Monday, two days after the shooting, in
f a pigeonhole that is provided with a
' door .and that the door was closed,
tt John G. Seed. The Journal cartoonist,
k teRtlfled that he made a sketch of Finch
fkBatUrday' afternoon about 8:30 o'clock,
I the day of the tragedy, and that Finch
eat with his " right elde toward him
I while the work was done. He watched
' the defendant while .sketching him, and
: saw no bruise or abrasion of the skin
on his forehead. The defense expressed
an anxiety to see this cartoon, which
Jwas published la The Journal the next
i'tiav, and asked Seed to bring It to court,
k. Frank Beatty, deputy sheriff, who
"was present while the sketch was made,
J'alfcO testified that he saw no bruises.
J; and Jailer H. I'. Hunter, who searched
t. Pinch .when he wan taken to Jail, also
failed to see any mark or Injury. Hun
ter, standing Just Jn front of the Jury,
J; illustrated the manner in which prls
(. oners are searched and caused amuse-
merit by , drawing articles out of the
prosecutor' pockets.
k' TesUmony Xm TTnshaken.
1 'Miss Verna Burkhart, stenographer
for Fisher, who was called ,from Albany
rln order : to be on hand for further
TOSB-examlnatlon, was first called by
'the defense this morning and questioned
, as to testimony ehe gave at the Inouest
and preliminary examination. The ob-
ject of thiH was to lay foundations for
t impeaching testimony, the defense al
; legWig thit she has contradicted hor
l .elf by atatementa made at the present
trial. . -
Miss Burkhart waa again led over her
fstimony-as to what took place in
; Fisher's off ice.- Bhe told once more as
'o how abe stood at the door of the ln
j ner office' as s Finch brushed bv her,
J advanced toward Fisher's ohair, pointed
J the gun at the head of her employer and
iflrecLi She said she had tibver testified
from what pocket Finch drew his gun,
, as she could not tell.
I Miss" Biirkhart denied that she ever
I said that Fisher showed her a gun, 61ie
, paid ttiat a week or two before he wus
tnot Kjaher. told her he had brought a
I run -to the Office; aaying that Mr
) Usher was alarmed for his safety b
cause of threatening letters he had re
. wived and wanted him to ake the -re
I vulvar from the house to the office.
. Qua In His Hand.
; An examination of.the record of testl
, tnony at the coroner's Inquest shows
that 5lia Tikbart did not contradict
ierslf. The proposed impeaching
n'.'tiori did not impeach, as she ad
. tiiltui) testifying all , she Was asked
tilM.nf rt' ;t as (o one, and on this one
.nii-Hdori Khe was corrwt In denying
lii-it Hhe i.'Mlfled that Klich drew-his
, aim- from sny. partiicular pocket. .
f Mer evidencB atrengthened by 'a
oiiewiioii as t whether she was positive
' Hint the caw th gun la Finch'a hand.
, "Ves, I eaw the gun, and saw him i
SEAL IS FOOiJ
" DESK
POWER PEOPLE
riniiT inn nnn
rllinl WlLoUIJ
Also Pint-hot, and IfopeTaft
Will 3take the Tower
Hogs' Way Easy.
(WMhingtim Borein of The Journal.)
"Washington, Lec. 28. It Is under
stood here that Taft will announce no
more cabinet selections until after the
Ohio legislature has chosen a senator,
in the early days of January, unless a
protracted deadlock ensues. v
K. A. Bamneer or Seattle remains
the strong favorite In the speculation
for secretary ofthe interior.
Uutetly but powerfully influences are
at work to induce Taft to select a sec
retary of agriculture who will In a
measure reverse the policy pursued by
Forester Pinchot in managing the na
tional forests and public grazing lands.
It is learned that a strong organisation
has been effected by representatives of
the water power interests in many
states. Intent corporation concerns in
Oregon, Washington, Idaho, Montana
and California are allied to prevent leg
islation or relative action to curtail the
present advantages they enjoy. Pinchot
wm urge me government to retain uue
to water? power rights, granting only
limited ; periods for using them. To
combat such a movement will be the
object of recently organized power con
cerns. " .- -
Certain ' Interests hope that with, the
passing of Roosevelt from the White
House and the incoming of Taft, I'ln
chot's undoubtedly commanding; in
fluence . with the administration will
cease. '
point it at Fisher's head." Bhe answered.
"was it a prignt, nicxei piatea gunr
"No; it was black, or dark In color."
".You saw .Abe gun here the other day.
did you?"
wo, J. nave not seen in gun since. -Demitv
District Attorney FitxKerald
offered to have the whole of Miss Burk
hart's testimony at the Inquest intro
duced in evidence, tut the defense ob
jected. -"It would only lumber up the
record," aald Attorney Lord,
Mrs, Finch's Deposition.
Hfr Tird read the denositlon of Mrs.
May Finch, wife Of the defendant, which
was taken at Tremont station last Sat
urday night' In the presence of Judge
Bronaugh, the witness being too 111 to
come to court to testify. Her state
ment was to the efrect that ruesaay
night before the tragedy while Finch
was absent in ; Corvallla, she waa
alarmed by a man coming Into the
kitchen. She said she caught a glimpse
of the intruder, screamed and ran to call
the assistance or w. c. Piggott, nepnew
of one of the defendant's attorneys, who
had a room in the same house, wnen
her husband came home on Wednesday,
she said, Plggott told him about the
burglar and she asked him to get a
gun to protect her. This is to explain
the reason Finch bought a gun the day
he shot Fisher.
Judge Bronaugh was eaned rrom tne
bench and sworn as a witness. He was
asked the condition of Mrs. Finch at
the time the deposition was taken. At
torney Soencer for the state objected.
but Judge Bronaugh made a brief state
ment, saying ne zouna Mrs. imcn too
ill to appear In court, substantially as
represented bv tha defense. ,
Delay was caused by the defense hav
ing. Issued subpoenas for four mora wit
nesses, Mr, Saltmarsh, S. A. Arata, John
Cordano and B. F. Hirsh, early this
morning. The defense had announced
that it would close without additional
testimony, except that already offered,
and as these witnesses were not in at
tendance at the time tney were canea.
the court would not wait for them. The
defense announced that It closed at
10:36. but before the state started its re
buttal testimony S. A. Arata arrived
and the court permitted him to be
called. He testified to the purchase of
cntcKens dv incn on tne aiternoon or
November 8. shortly before the shoot
ing of Fisher.
Beatty Is Challenged.
When Deputy Sheriff Frank Beatty
was called as tha first witness in re
buttal the defense challenged his right
to testify, on the ground that he had
disobeyed the order of the court by re
maining In the courtroom while other
witnesses were testifying; Examina
tion on this point showed that Beatty
naa oniy neen in tne room on orncial
business for a few minutes at differ
ent times and he was allowed to ten
tlfy. His testimony was important in
showing that Finch said nothing about
a seal In his first narrative of the
shooting on the night after his arrest,
that no bruise was visible on his fore
head, and that Finch said nothing about
being hit on the head.
Beatty told - of four conversations
with Finch on tha day of the shooting.
At the first, soon after Finch was
taken to Jail, nothing was aald about
the shooting. At the second, two Jour
nal reporters and a Journal sketch ar
tist were present. At that time, said
the witness, Finch talked about being a
disbarred attorney and asked If Fisher
had come up to- see him. Later he was
present when Finch had an interview
with W. C. Campbell, attorney for the
defendant, when Finch waa crying and
emnracea tne lawyer.
Beatty then came to the conversation
he had with Finch in the presence of
Mrs. .Finch and two of her Drothers in
the county Jail library . about o'clock
the same evening. This was the inter
view Which has already been published
In the form of an affidavit by Beatty
soon after the shooting. He aald he
heard the prisoner ask one of his brothers-in-law
to make sure as to. Fisher
having a revolving chair, and he heard a
frun mentioned. Finch then asked him
f he saw a gun in Flsher'a office, and
tha witness in return asked Finch If he
meant to say that he shot Fisher with
his own gun,.
Tells Anothe Story.
Finch answered that he did not mean
that. The defendant then said that he
received a telephone call from Fisher
about 11:30 that day, and became suspi
cious, going to the Hudson arms store
and buying a gun. Then he went to
Fisher's office, entered said "Hello,
Ralph," and Fisher put a gun over his
shoulder. Finch said he fired at ran
dom, but Fisher did not stop, and he
fired again.
"Did he say anything to you about a
seal at that time?'' was asked. "No.
nothing about a seal."
uia ne say anyinmg about being
struck on the head?"
"Nothing.
The witness said he told Finch in one
of his conversations that Fisher was
dead, and the defendant remarked, "Is
that so?" or something similar. He
aDOeared" somewhat excited when
brought to Jail.
JTo Beat on the Floor.
J. J.' Dunning, deputy coroner,' was
recalled and testified that when he was
called after the shooting; he looked
around the floor and the desk, and saw
no seal. He first locked the desk and
took the keys with him. He noticed the
pigeonhole in which the seal was later
seen by Baker. It was closed. The fol
lowing Monday he went back. The desk
was still locked, and he confirmed the
fact that Baker was there, getting the
aeys ana looiung in tn aesx tor the
combination to the safe.
At the adjournment of court at
noon Judge Bronaugh announced that
the courtroom would be cleared and
kept clear until the onenine of the
afternoon session, gome of the specta
tors have been so afraid they would lose
their seats that they remained during
the noon recess and ate Uieir lunches
in the courtroom, without giving the
Janitor an opportunity to thoroughly
air the room.
SCHOONER G0TAMA
REPORTED ASHORE
; IKrwelal DHpsteh to Tbe Jwrnnl.) "
Aberdeen, Wash., Dee. 28. A wire
less message from Westport this morn
ing Says that the wrerkf-d schooner
Gotnnia, Captain W. Grubbel. is re
ported to have gone awhora between
Westport and North Cove.' I The life
saying crew from Westport has gono
lot the point to verify tha report.
II01II6 TO DO
BUT BE SENATOR
Fulton Will Be Expected to
Push His fiate Measure
Eight Along. V
(Waablnctoa Bureau of Th Journal.) ,
11' -i ,. r I w.. 9fi 9AnftlAr Brill
ton will havi once again, the oppor
liinllv which ham nretienteri ' itself at
numerous timea in the past year, when
congress reassembles. , He has assumed
leadership In the rate law amendment
fight and has ready to aid him power
ful influences which have been Impa
tient because the fight was not begun
long ago. The feeling here is that, now
that the question of his ' reelection to
v.A . ... - ,& i. , ! T?,,ltriTY will nrflh.
ably enter the combat with vigos and
utilize xorces wnico an aiuujc ui ucw
n ...lot Iv. i hi ii ,,-.. I n tr ( ' h 1 r-
man Elklns of the Interstate Commerce
, . . . . . . . , . a Amn.i j'ru,. , w n w
lngton that Senator Fuiton nas one oi
r ut profltAfli nnnnnunu m ever uiiotcu
any national law maker.
The opinion is general that nervy
flehtlnsr will force Fulton to an issue
with thm chnirmnn of the Interstate
Commerce , committee. -;i Liberal . mem
v . .. . i. , v. v. nr.., aimrtsv im-ui
culabiy powerful snipping miijreBi
nave aireauy aeciarcu uneyuicwaui
the principle on which the Fulton meas
ure Ta based. -
POWER GRAB
BVjpJAII
Opposition to Iletch Hctchy
Traced to Railway ,
Magnate. .
i. "'.''
(trotted .Prees LeasMi Wire.)
Washington, Dec. 28. That the op
position to the Hetch . Hetcny water,
rights plan lor tsan ranciscw is turn
ing from Will staeet was the Informa
tion received here today in the form of
a statement from one high In the coun
sels nf tha H&rriman corooratlon. that
overtures have been made to enlist Har
rlman In the fight now being made
against the measure In congress. M
It was pointed out, it is eaiu, maw M
San Francisco Is defeated In her- ef
forts to secure the Hetch Hetchy water
shed, the bond issue will be Invalidated
and the land that has been purchased
from the proceeds of the bonds can be
sold again. It was learned here today
that a scheme Is on foot to secure thesa
lands for power purposes, and it Is un
derstood " that Harrlman has been of
fered power to complete his system, by
which the Southern Paolflo lines in Cal
ifornia are to be electrified.
fln fnr as is known here, the ' oppo
nents of the Hetch Hetchy plan have
been unable to enlist Harrlman In their
cause. But the- advocates of the meas
ure claim to hava discovered that a
desperate fight is being waged through
every bondholder of Jhe Spring Valley
Water company in the east.
That influence has been brought to
bear from powerful source to defeat
the measure, is admitted oy an who
hava watched its course In the house
committee. .
CHARGED WITH
STEALING COl'lS
R. 3. Miller came to the police sta
tion yesterday afternoon to explain
Hiram Hadler out of custody. . Instead
of doing so he landed In- Jail ' himself .
Hadler was arrested ' last week for at
tempted cattle stealing and it Is charged
that Miller is his partner. Hadler was
leading away a cow in Holladay s addi
tion when a boy who knew the .owner
of the cow saw him and ran to get a
policeman. The police say that Hadler
and Miller have been engaged in steal
ing both cows and horses.
SAN FKAXCISC0 GAINS'
BY COURT DECISION
(Halted Pre Ltasad Wire.)
Ban Francisco, Deo. 28.-By a Sweep
ing decision handed down by the su
preme court the city aiM county of San
Francisco has coma into possession of
five blocks of land on the Great High
way valued at 1500,000. The court
holds this" land to be a city street. The
property includes all the territory west
of Forty-ninth avenue between H and J
streets on the south side of Golden
Gate park and from Fulton (o A street
on the north side. Among the build
ings which will now revert to the city
are Shechan's tavern, famous the world
over as the training quarters or notable
pugilists, and the Seal Rock House pa
vilion and a number of car houBes.
QUAKE RELIEF SOCIETY
TO REPORT AND QUIT
JCntted' Press Leiaed Wrre.y
San Francisco. Dec. 28. -With a bal
ance of f397.2S7.S5 that will be turned
to the hospitals' and charitable institu
tions, the San Francisco Relief and Red
Cross society, which at the time of the
fire in 1806 received Tor distribution
refugee relief donations amounting to
$9,653,140.76, is ready to make its final
report to the people of the country, and
with the end of the old year will go out
of existence.
The actual cost of administering the
affairs of the society, from August 1,
1908, to the present time was 1125,
021.21, 2.03 per cent of the entire sum
disbursed. , - , .
$2000 ON PERSON;
SUICIDE BY BULLET
fpr1l THpTea xo Tb JwaiLI
Ashland. Or.. Dec. 28. Guiseone Fa
ll o, an Italian passenger on train No.
IS en route to Sacramento, yesterday
hot himself through the head in the
toilet room of the denot hotel here
after the train had left the station. He
had previously been Interviewed by the
police who believed him insane. In his
shoe and in the belt about his body
were found about 82000. He had let
ters and cards from Hayes. Reed and
Anaconda.. Mont., where the deceased
had apparently been employed.
CHINESE GAMBLERS
ARE FOUND GUILTY
Twenty names were wiped -off the
blotter of the nollca court Saturday af
ternoon, when a Jury found 20 Chinese
guilty of gambling. B. S. Pague, their
attorney, tried to ehow that the offi
cers had raided the home of the Chi
nese and that no game was in progress.
The - Jury, however, - took a different
view. . Jfiach Chinese was fined $20.
Four Chinese v were -arrested at 85
North Fourth street last evening and
one Chinaman and four Japanese were
seized at 81 North Fourth. ...
..''.'v.-''. - r "
Graduate) Nurses at Home,
An At home will beglven a their
friends by the graduate nurses at their
home, 874 THifd street. Thursdays even
ing, December 31. from 8 to 11 o'clock.
V
GIL PROMISES
TOGO II0T.1E
Belongs to Wealthy Phila
delphia FamilyIs Res-,
cued at Los Angeles. ,
' tDalted Pra Letaed Wn.i
Los Angeles, Dee.' 18.- Rescued from
the police court by friends of her fam
ily, reputed to- be wealthy and influen
tial phlladelphians, a beautiful young
girl known here as Helen Hale today
declared : that she' would return to her
Pennsylvania home if her parents would
forgive her. . -f . . :-.
Refusing to reveal her own Identity
or that of a prominent racing man she
is saia xo nave rouowea to uaurorma,
the girl is a mystery-except to Detec
tive William Ingram " He discovered
the whereahouta of her family- and
friends and induced them to pay her fine
when she appeared in police ceurt to
day. Tha detective appeared in court,
after the girl had been sentenced to
pay a 2 fine for vagrancy, accom-
fianieo oy a ricniy dressed woman who,
ike the girl, concealed - her identity.
The woman paid the fine after she bad
exacted a promise from her that she
would return to Philadelphia Immediate
ly. Tha girl was arrested late last night
at the Imperial cafe.
SIIME FOiiERAL
FOR SPRECKELS
Rites Private, but, Flags at
Half MasWVilFs Con
: tents ' Unknown.
San Francisco, Dee. 28. Simple sl
ices, marked the burial today of the
body of Claua Spreckels, the California
multi-millionaire. The funeral rites
were performed at hla former home.
The Interment at the Cypress Lawn
cemetery was private, only near rela
tives and a few friends being present.
Flags throughout the city hung at half
mast during the day. -'
The contents of Spreckels'; will have
not been made public, but it is generally
believed-' the entire estate, valued at
from $50. 000,000 to 875,000,000, will re
main in the Spreckels family.
DELraiTo
HEET TOIIIGHT
A meeting of the Multnomah legisla
tive delegation will be held tonight at, 8
o'clock in the auditorium of the Com
mercial club to listen to discussions on
various matters of legislation that it is
desired to present before the legisla
ture. There are a number of bills or
amendments to laws now being being
framed up; in Multnomah county. One
of these is the proposed amendment of
tne pilotage jaw, which is being asked
for by the legislative committee of the
Chamber or commerce and bv the port
of Portland. There is a movement on
foot to decrease the fees of the sailor
ooaramg nouse men or Portland. There
is an Insurance bill asklnar for tha ra.
peal of the 150,000 deposit required by
iiie iiuio law.
County Clerk Fields has a bill asking
for the creation of the office of state
auditor. The Oregon Humane society
wants a state appropriation. The law
yers oC Multnomah county want two ad-
aitionai . juages ror tne circuit court.
County Clerk Fields wants to amend
the marriage laws and the registVation
laws. He also wants to provide for an
Inspection of elections.
These measures and many more are
expected to be presented at the meeting
tonignt ior Discussion.
EXPLOSION WRECKS
A KITCHEN RANGE
Giant powder or some other explo
sive causeu a aisasirous explosion in
the kitchen range at the residence of C
F. Runkle, 207 Union avenue, at an early
hour thla morning. A servant had Just
started a fire In tha ranee and atenned
out of the kitchen, when the explosion
took place, blowing the whole top of
the stova off and tearina off tha doors
to the firebox. -
Mr. Runkel is unable to account for
the explosive being In the coal, unless
it was a-piece of dynamite or powder
that was left there ty a miner, before
the coal was hoisted from the mine.
Fortunately no one waa in the room
at the time of the explosion and the
only damage waa tne wrecked range.
LOVELORN SOLDIER
ATTEMPTS SUICIDE
; i' o.J;,'at-ftiw . h , -
(United Press Xetmrf wlrs.t
r Seattle, Deo. 28. Boy Wheeler, a sol
dier from Fort IaWton who after fail
ing, to kill himself with -carbolic acid,
attempted "to end his life by battering
out hla brains against the stone walls
of a city Jail cell, says a love affair is
the cause of his trouble: He was final
ly overpowered and sent to the county
Jail; - -- .' : -
Wheeler said he wanted to die be
cause an Indian girl whom lie had
known for years had Jilted him.
BODY FOUND IN J
LAKE MICHIGAN
(Cnltee Pren Leased Wb.t
Chicago, Dec. 28. The police are en
deavoring to learn the causes that led
to the death of a well-dressed woman,,
apparently 35 years .of age. In the wa
ters of Iake Michigan. The body was
in the water only a short time before
its discovery. Checks for $29- and 820,
payable to Mamie R. Dunn, were found
in a pocket of tha dress. . The clothing
Is of good material and of the latest
fashion. The woman's features are re-
tinea. .-- - ,.-,! -... .
SHORT COURSES
WINTER AT 0. A. C.
' The nrogram of winter short courses
for 1809 at the Oregon Agricultural col
lege, Corvallla, has been completed, and
the Southern Pacific will offer rates of
a fare and a third for the occasion. The
courses include farmers' week, January
6-9; creamery practice, 1 January 6-15;
dairying, January 18-Mare.h 27; horticul
ture, January 11-February 20; house
hold science and art, January 11-February
: v
PASTOR WILL GIVE . 1
;FULL EXPLANATION
Rev. F. Elmo R&binson. punter of the
Rodney Avenue Christian Church, whose
Intention to abandon the ministry was
published in yesterday's Journal, ls-pre-paring
a statement giving in detail his
reasons for quitting the ministry.- which
will later on be published, -which he
thinks will be more satisfactory to his
friend than tbe story first given out, -
ATTACK LOCAL
. OPTION LAW
Liquor Dealers Will Demand
Radical Amendments at '
Coming. Session.
. Anti-local option legislation . Is des
tlned to poke its nose into the business
that will coma before the next legisla
ture. The liquor-dealers of the state
want three cardinal changes made In the
local option law as It now stands. The
anti-saloon league will oppose their re
quests, however, so that there is every
indication of a big fight over tha ques
tion auring tne session, ); ; ---
The. liquor interests of the state in
general, and of Portland In particular,
want three things. They ask that the
local ODtion law be so amended that cit
ies and towns of 3000 or more inhabi
tants will be exempt from the operation
of eounty local option elections. They
want the proportion of signatures necea-
! J VU tTUll CW IUUU UJLIV1 lUCBUUtl u
before the neoole to be raised from 1
per cent, as under the present law, to
2 per cent. They want the law amend
ed so that once an election is held in
any precinct or district no other similar
local option, election can be held in that
district for two years.
as tne law now tanas it is possioie,
as has been demonstrated in the cases
of Pendleton, Medford and various other
towns, for tha rural districts or a coun
ty to be Joined with a town on tha local
option question with tha result that the
rural anti-saloon vote overwhelms the
liquor vote of the towns and closes the
towns strains t the wishes of a majority
of the town's residents. The saloon in
terests contend that this Is not fair and
that the law ahould be amended so that
tbe jbiunlcipal governments can control
their own liquor fights. ;
i The law now requires that the signa
tures of 10 per cent of the voters of any
district can compel the submission of
the local option question to the people.
The saloon interests contend that this
proportion should be raised to 20 per
cent of the legal voters of any district.
it is now possible lor the antl-saloon
league to call an election in any district
at any election. If the district refuses
to vote dry the anti-saloon people, can
call the question up at the next election,
no matter wnen that date may rail.
Should the district vote dry, however,
tha saloon people cannot call the ques
tion ud again for two years. The sa
loon men contend that this is not; fair
and aik that both the aaloon Interests
and the anti-saloon league bs put on
the same footing.
In addition to these general provisions
there is a movement on the east side
to so amend the-law that tbe suburban
residence districts cannot be joined
with the downtown districts for tbe
purpose of voting, on local option..
ET
AT
(United Preu Leased Wire.)
San Francisco, Dec 28. Samuel Dib
ble, a Southern Pacific brakeman, told
the Central Emergency hospital author
ities today that he. was knocked down
by a gasplpe thug In front of his home
early this afternoon. I Dibble said he
spent last evening at Oakland and was
going home, when a man approached
from behind and demanded his money.
As he turned, he said, the man struck
him over the head, but must have been
irigntenea away, as when Dibble re
gained consciousness hla pocketbook
had not been taken.
OREGON MIDLAND
TO CR0SSTHE STATE
Articles of incorporation for the Ore
gon Midland railway were filed this
morning by Miller Murdoch, as attor
ney for the road. The stated Capital
ization is $100,000, and the line is pro
posed to be built from Weiser, Idaho,
across Oregon to Tillamook. The in
corporations are C. M. Conry, a timber
cruiser;-Miller Murdoch, R. A. Caples.
ana jonn r. Mcursdei.
The railroad is planned to cut east
and west across Oregon, beginning at
weiaier, tne soutnern terminus of the
P. & I. N.. and Its promoters are said
to have an understanding with one of
tne RocKy mountain roads, once said
to be the Denver, Northwestern & Pa
cific, although no official Information
has been given out concerning such a
connection.
The Harrlman lines have plana for a
cross-Oregon road and have surveyors
in the field at present, but this line Is
entirely outside of anything that Harrl
man is doing- in the east and west route.
EIGHT YEARS FOR
STEALING 8 CENTS
(United PrcM Leased Wire. v
Oakland, Dec. 28. George- Gross to
day pleaded guilty to a charge of burg
lary and waa sentenced by Superior
Judge Brown to serve -eight years in
the state prison at San Queniin. Gross
entered the store of G. W, Wetmore
about a month ago with a companion,
Thomas Drlscoll. Both were arrested.
They secured a small quantity ; of to
bacco and 11 copper 1 cenhs, eight of
which were found in the possession of
Gross, who must serve a year for each
cent. Gross is 20 years old. Drlscoll
was allowed another day in which to
plead. . . ' - -
ANTI-RACING TIP
ORDINANCE UPHELD
(United Prow Leased Wire.)
Los Angeles, Dec. 28. The local anti
racing tip ordinance was upheld in the
superior court today by Judge Jamison,
who ordered that the trial of Sylvester
Seal proceed. ,-
Seal, a news agent, was arrested for
selling tips. He filed a - demurrer in
the police court, which sustained him.
The case was taken to the superior court
by the prosecution and Judge Jamison
reversed the lower court.
SAN FRANCISCO AS
SPOTLESS TOWN
- (United Pteas Leased Wire.)
San Francisco. Dec. 28. Althnna-h
special sanitary work ill be contin
ued' here indefinitely, Ban Francisco,
according to Dr. Rupert Blue, is now
one of the cleanest cities in the United
States. Dr. Blue was sent ere by
the government to take charge of the
bubonic plague situation. There has
been no case of human plague in San
Francisco since last January.
SIXTY THOUSAND DEAL
IN DOUGLAS COUNTY
V.-f'j : i-'-i'
' Ddl TMnpatrh ta The JonrnaLI
Rosenurg, Or Dee. 28. John and D.
Ed Weaver closed a deal with Portland
caDrtalists todav fnr TTmnnim vallav
fruit lands in the Missouri bottom, one
mile south of Myrtle creek, for $60,000,
Actor George Denver Accused.
' (United Pre Leaaed Wlrs.
'Alameda, Cal., Dee. 28. George Den
ver formerly of Marin county, was ar
rested here today by Constable Uorg
Agriew and lodged in Jail on a charge
ef passing fictitious checks. The po
lice had been In search for the prisoner
for- several days. Denver Is an actor.
P
WIG
CAUCUS CALL IS
SIGHED BY 22
'. - ' 'W; - t . " . n " - -
r- : ' ";' aJMsisBBssaBSiisaiaaasBaas.asaBa.aaai . -
McArtliur, Now Claims the
Speakership, but Asser
. tion Is Disputed, ,
Twenty-two - members-elect of the
house of representatives have etgned
the call for a Republican caucus on the
organisation of the house. U E. Bean
of I.ane one of the candidates for
speaker,, lias not yet signed, though he
is in favor Of a caucus and la certain
to do so as soon as he has an opportun
ity. In addition there nra - several
eastern Oregon members who have sig
nified their intention to go into caucus
but who are not on the list of signers
ivr mo reason tnai tney have not been
where the calls were being circulated.
Resides these there are Ahlmtt unit
Clemens of Multnomah, who are In fa
vor of a caucus but who have not yet
Signed. - ; -v':; :,
There Is no doubt about a caucus In
both houses on the organization - now.
The matter of a senate caucus waa set
tled . some time ago when Bailey of
Multnomah and Kay of Marlon signified
their intention of going into 'caucus.
In the house enough men hava signi
fied their intention of mini into can.
cus to Insure one. ., . .
There is on thing about tha house
call, however, which Is not plain to the
uninitiated. The call says that unless
40 members sign, the agreement to go
into caUCUS is not tindlmr nn th mam.
berswho did sign. It is now practical
ly admitted that the effort to secure 40
signatures was a failure and the efforts
of the caucus promoters are being cen
tered on getting 81 men signed up. The
Old plan seems to have been ahnn.1nn,l
and because of this the Question re
mains whether all the rnen who have
signed" up will feel themselves bound
to abide by their signatures in event it
is attempted to eaumm with xi num
bers. - -' . .,
It I th hollo ' .v.. 4 ' .
- ..... iivsni. i iim fig
soon as II men hm iimth n
i1 'J! .n -br Republican members
oi me nouse win rail into Una until
mere win do xn run 61 at the meeting.
In order to ruard ae-alnst any nnoathla
star chamber caucus of 81 members by
wuit.-u mo Brnaui majority or is. could
bind the house to elect tha caucus nom
inee, it is now beina. stated hv differ.
ent members that caucus must decide to
nominate tne speaker only on his re
ceiving 27 votes, the -majority of the
62 Republican members. . McArthur is
Said to favor this plan, while other can
didates say they are also; willing to
i" in wun me suggestion.
Much work has been, done In Port
land in the house organization since
Saturday noon. Eaton and Calkins of
Jbane were in Portland. Reynolds and
Hughes of Marion were here. McCua
or Clatsop has been in town for several
days. Jackson of Sherman, Gilliam and
wneeier, ons or tne eight .Democrats in
tne nouse, was also an interested spec
tator. As a result of all the conferences
which were held Saturday nlarht and
yesterday, tha victory is now claimed
by AicArtnur s rriends as having been
won for him. He is now acredlted with
some 22 votes upon which he can rely,
MeArthur's contentions are disputed oy
McCue of ClatsoD and Bean of Lane.
who contend that they are as strong as
MCArtnur and win be able to . win in
the end.
In the fight for the presidency of the
senate there seems to ba but little
change. Bowerman Is now Quartered
at the Imperial hotel and is busy lining
up his forces. ' He Is eonfident that he
will be nominated on the- first ballot
Kay has not vet begun active efforts.
so far , as can be seen, to line up his
forces for any combined attack. The
next few days will show a more definite
line up, however, and It is believed
that by the end of the week It. will be
easy to pick the winners." r
Those who have signed the caucus
roll for the house are:i Bones, Hughes,
Reynolds. Farrell. : Greer, Hines, Mc
Arthur, Brady, McDonald, MeCue, Lein
enweber, Uawley, Bonebrake. Bellknap,
Applesrate, Beals, Conyers, Meek, Car
ter, Smith of Josephine, Muncy and
Dodds. .
ALLEGED FOREST s
FIREBUG ON TRIAL
IVnltmA PrMi fMfA Wtna.t
San Francisco, Dec. 28. The trial of
L. R. Webb, charged with starting fires
In the Klamath forest reserve, which
burned over four entire townships, was
called before Judge De Haven today,
the prosecution claiming that tha fires
were started with the deliberate inten
tion of satisfying a personal grudge
against the forestry service. Tha de
fense hopes to prove' that Webb could
not positively nave any interest in do
ing so and that he had started a back
fire to protect some settlement endan
gered by a fire already started else
where. , . .
Martin ' Peterson, tha hoy who was
with Webb at the time the fires were
started, was, on tha witness stand all
morning. He could not be shaken in
his original-story that Webb claimed to
have set the fire with tha Intention of
driving some deer down into. an unpro
tected valley. He admitted, however,
that ever since the fire ha had been a
paid employe in tha service of the for
estry commission.
The trial is being vigorously fought
on both sides and probably 'will last
6vdftl 4 fly
Webb was arrested In Oregon.
WARRANTS FOR .
DANK ROBBERS
Three John Doo warrants secured for
the purpose of arresting the alleged
East Side bank robbers, hava been taken
out In Justice court by tho Plnkertons
and by W. L. Newhall. president of the
hank. According: to Superintendent -Von
Grilenwald of the Plnkertons the rob
bers have been located and he expects
to arrest them - within a few days. All
are supposed to oe out or tne city.
Newhall has wired to Ogden to secure
the-$2400 recovered through the malls
there and which was believed to be a
part of the money taken from the bank.
He hat as yet received no answer to his
request . that the money do forwarded
him for the purposes of Identification.
EAGER TO EXTEND ,
PUBLICITY WORK
Plans for irreatlv extending the work
of the Portland Commercial club ' wers
discussed aV a special meeting of the
executive board of the club held at noon
today. All members or tms committee
who were in the city attended the meet
ing and all expressed their anxiety to
continue the publicity. work of the. club
and to make it still in ore comprehensive
man it is at nreuenu - - i
at present. j
expression Of Its approval
National' bank, which has been;
As an
the First Nat
contributing 8100 a month to tho work
doubled its subscription for the coming )
year. -It was decided to invite more or
the cities through the state to Join and
to help advertize the entire -- state
through the coming year-as a . great
tourist resort, not only for summer, but
for winter., , - -
CITY'S TAX MAKES -HUGE
GOLD SHIPMENT
.. " "':''.. ttlnitr Prea Leaarfl Wlee. .:
San Francisco, Doc. 28. City Treas-'
urer MoDmiirald today sent to the state
treasurer's office at Sacramento 11,030,-
624.29 in gold, that sum being the clty s '
share of state taxes. The money was ,
sent through tha Wells Fargo express I
and Is one of tho .biggest consignments
Of coin ever sent out of San Francisco. 1
X- ) ' . .
An exposition of .means and applian
ces for safeguarding egalnst accidents j
from machinery will be held at Cop-j
enhagen in January and February.
CiltlHTiB
ALL IIAIS'
STORV
In a Ruling Intended to Se-
Judge Crane Lets in All
Phases of Case Defense
. on the Stand.
(Cntted Press Leased Wire.) -
Flushing, U I Dec. J8. Justice
Crane let down the bars In the Halns
case today by ruling that testimony
might be Introduced tending to show
whether Captain Peter C Halns was In
"" wrhen he killed William ,E. Annls,
which means that the whole story of
the -alleged" betrayal of Mrs. Halns by
Annls, with her alleged confession, will
be presented in open court
Charles R. Weaver was on tha wit
ness stand when tha Justice made tha
ruling, as follows:
"When two men ara together and ona
commits a felony, it is competent for
the other to showthe mental condition
of th4 man committing the crime In
order that he may show that he could
hot have had ' previous ' knowledge of
what to expect.'r
, After this. Weaver testified that after
ths captain's return from tha Philip
pines, about August 1, he said his wife
waa r gooa woman whom Annls had
ruined. , Weaver said Captain Halns
looked wretched and seemed to hava
gone to pieces. He said Halns sat pull
ing his hair in a downcast fashion. In
deep depression. At times ha would
Jump up and sing wildly and whistle,
in a strange effort to keep up the ap
pearance of composure. Weaver said
the captain's eyes were dull and glassy
and that his face and mouth twitched,
showing that he was in a highly nerv
ous state. -,, j -.
Halns Attorneys oa Stand.
Attorney Joseph Shay, who on Satur
day outlined the defense of Thornton
Jenkins Halns, took the witness stand
today at the opening of the morning
session of ths trial.
Shay teaiined to the-faklng of affi
davit frfmXWitness Skura, who, when
placed rn thsNltaijdbV tha prosecution,
told conflicting stories, for which tha
defense , asked . his commitment for
perjury. Shay recited tho contents of
tha affidavits and confirmed similar tes
timony on tha matter given by Attorney-
Young, for tha defense, last
Saturday.
Attorney Mclntyra, of counsel for
ths defense, testified that the story of
Detective Fallon regarding a threat bv
the defendant on the night of tha coro
ner's Inquest over the body of Annls
could not bo true, because he was with
Jenkins Halns throughout tha entire
evening when the inquest was held. Mc
lntyra declared there could have been
no such conversation. Cross-examination
of tha witness brought out nothing
new.
That &eal Estate SeeL
to Bugg, a' real estate agent of Bay
side, was put on tha stand and related
the history of certain negotiations for
the purchase of the Bayside property
entered into by himself and Jenkins
Halns. t
Charles R. Weaver of ths Hatns Con-
w:ij juiAius vumynny, ox wilit ri gen
eral Hains. father nf tha defendant and
of Captain Peter C. Halns, is a member,
was next called to the stand by the de
fense In an effort to show that tha visit
Of tha defendant to tha Bavaida Yacht
club, where tha shooting occurred, was
accidental and that no thought of a
irageoy was in hla mind. ,
Weaver said that at 11 o'clock on ths
day of ths shooting Jenkins Hains asked
him to go with, him to Fort Hancock
snd return In a motor boat. He said
that then Jenkins Halns declared ' hs
would not go because it was too danger
ous. The witness aald this caused tha
defendant to go to Bayside to investi
gate teai estate,
Hs said Cantain Hains sat in the cor
ridor of tha Waldorf Astoria while he
and Jenkins were st luncheon. Weaver
explained that after luncheon tha party
went to tha ferry but that ho decided It
was too lata for him to go and told the
brothers to go ahead, as ha could not
return in time.
Captain Bains' avinga.
At the beginning of - ths afternoon
session tha defendant's mother embraced
him tenderly in the courtroom but ths
Jury waa not present and did not wit
ness ths affecting scene.
Weaver resumed his place on ths
sfand and declared that tha captain re
fused to eat brelfkfast during the trip
thev took together from Boston.'
Weaver testified that tha captain
raved and cried: ......
"4. had a wife; now I hava pons.- My
wife cams from this town."
Weaver then related how the captain
raved, described his actions before ths
day of ths shooting and declared that
ns considered tha captain insane.
Thinks Captain Bains Is Dying.
Discussing the condition Of CaDtsIn
Hains, Attorney Mclntyre at the noon
recess declared that he feared tha of
ficer rhTgkt not live to face trial.
"I can 'see ho improvement In his
m en tat- processes,? said the attorney.
"hMs condition is alarming ana l tear a
fatal termination of his troubles. Ths
captain puts on his army uniform three
or four times a day. and. imagining
himself at Fort Hamilton gives orders
to Imaginary soldiers.
"He recites Doetrv and sings oneratto
airs during the day."
, "Tne treatment now oeing given mm
may ba effective in time. But 1 doubt
it" '-
FINED $25 AND
LOSES REVOLVERS
Tonv Lorenzo, a. stranger In the city
with $460 In his possession, was arrest
ed at Fifth and Montgomery streets yes
terday afternoon by Officer Fuller for
carrying concealed weapons. . Iorenio
pleaded extenuating circumstances, but
went to jail. ,;
Today Judas Van Zante flnedTilm 125
and ordered that the guns be retained.
Dxirenzo protested - at losing his 'two
loaded revolvers, but' his protest was
unavailing. ; s
is Cod liver Oil, purified, re
fined and partly digested any
one can take it The leading
medical authorities agree that
Cod Liver Oil is the best help
in fighting Consumption, be
cause it produces flesh and
strength faster than anything
else.. . . ' ,; , ' 'j,
- AH. DRUGGISTS "
-'-.- . ... v ." -
Send this ad., four cents for postage, ma
Honing this paper, and we will send roa a
"Complete Handy Atlas of the World." v
SCOTT & BOWNB, 409 Pearl SU New York