r
c
n
FAILING - TO
-r :
C&tmdlman Thftmat C. Devlin
of the German-American bank, the
, son Trust & Savings Company bank, of which Mr. Devlin is receiver, and
' felled to the floor by an tmlooked for blow from Ralph R. Ruffner, city
! ticket asrent for the Texas & Pacific railroad Ruffner was promptly arrested
'i and is now held to answer to a double charge of assault and battery and
I threatening to kill.. The arrest was
geant Harry Jrarker.
Ruffner. according to Mr. Devlin, came into the bank ' at, abotft 11
o'clock this morning, with a demand that be be given 10 acres of land at
Tigardrille in lieu of his deposit, of $1500. "This was refused him, as it is
' atated that srreater offers have been received for the same property. Ruff-
! ner then is said to have cursed the
and then, to have unexpectedly struck
TAKEN BY
"I was taken entirely by surprise," stated Mr. Devlin. "He was very
abusive, and threatened to kill me.
will take the long trip together.' I
when he struck, me across the side of the head, breaking-my glasses ana
knocking me to 4he floor. I do not know how many times he hit me, as
the blow on the side of the face stunned me."
MARKED BY BLOWS.,
Mr, Devlin was considerably marked up by the blows which he had
received. He swore to a complaint against Ruffner, and Deputy District
Attorney Hennessy first .fixed -the bail at $500, but when the young man
was brought before him he became insolent and made the remark, when
' asked whether he would attack Devlin again, that he would not dirty his
hands upon him. Mr. Hennessy then fixed the bail at. $1500. W. B. Mc
Bride, general agent of the Texas fit Pacific, stated that he would give bond
to this amount. He states that theyoung man was made desperate by the
fact that his sayings were tied up, and that this caused him to take this
action. v. - '
Mr, Devlin states that he has known the young man for a , long time,
and has always been friendly toward him and has tried to help him. Re-
cently, he says, the' young man has been abusive concerning the money.
DEMAUOOPS
FOR STRIKERS
(Bolted prM UtMd '
Hannibal, Mo., Aug. . Fifteen hunV
dred foreigners are parading the
streets today. Intimidating- residents of
the city and assaulting employes of the
Atlas-CoUrtland - Cement. . .company,
against which they are striking. There
have been a number of small riots and
serious disturbances are expected to
talc nlaa) before night.
The cement company's v $4,000,000
plant is at the mercy or tn moo.
Officials of the comuany have re-
.quested the authorities to demand the
aid or, state iroops.,,
Secretary Will Take Time in
Making Apportionment
for Reclamation Work in
This District Complir
ments Engineers on Work
Apportionment of the government
reclamation fund for western pro-1
Jects has been taken under conalder
tion by Richard A. Balllnger, secre
tary of the Interior. His final . re
port, dependent upon the epeed with
which he can get through the mass
of data-submitted to him by super
vlslngrcnglneers, may b made in a
.week or the wait may be prolonged
to a period of 30 dayg..
Secretary .Balling-era newness to the
work planned by the reclamation serr
Jce Is responsible tar the delay.
1 want to secure the pest possible
comprehension of the situation," he an
nounced this morning.
For this reason the secretary, ef tile
Interior will go painstakingly through
every estimate prepared for his. Inspec
tion ty the supervising engineers of the
six western districts. Had he been old
er in the aervice and familiar with the
situation, -av few leading questions would
have been as decisive as the detail work
he has imposed Upon himself. ..
WiU Pare Down Expanses.
In concluding 'the 'conference ' this
morning with Director Newell of the
reclamation service, together with the
supervising; and consulting- engineers.
Klectrlcal Engineer O. A. Ensign, the
secretary of the interior announced a
general retrenchment policy- in admlnls.
trativs expense-, .-v- ... ': S- r- .
plan that will reduce operating expense
while expending the maxumum sum in
(Continued on Page Six.)
Will TO
i BE CAREFUL
GET
HIS
was this morning attacked in the lobby
premises formerly occupied by the Ore-
made by Patrolman Harms and ser
councilman and threatened to kill him,
. Mr. Devlin. -
SURPRISE.
saying: '1 11 get you yet. You and I
turned away from him to avoid trouble,
TUFT'S ITINERARY
EXCLUDESTJIH
(Special Dispatch to The Journal.)
Tacoma, Wash., Aug. 8. The an
nouncement in a dispatch from Wash
ington, U. C, that President Taft would
cut out Tacoma in his visit to the Pa
cific northwest has caused consterna
tion here. The dispatch stated that the
president would go direct from Seattle
to Portland, not deigning to give Ta
coma even an hour of his presence, and
leading cltliens began to Inquire as to
the cause,
satlon.
Then came the greater sen
When Taft was In Tacoma on Seotem-
ber 7 1907, a great crowd had gathered
at Wright Park to listen to1 a speech by
me presidential candidate. Presently
Mr. Taft was seen approaching the
speakers' stand, accompanied by S. A.
Perkins. The contrast was striking,
and the unpopularity of Mr. Taft's com
panion was so-great that the crowd be
gan to Jeer, hoot and hlsB. Mr. Taft
was assured that the hisses were not
Intended for blm and went sway seem
ingly believing the statement.
It is thought here that President Taft
has cut Tacoma off his itinerary to
avoid a possible recurrence of the scene
or septemDer t,. 107.
MADE PAUPER BY
SILLY CRAZE TO
FLY IN MACHINE
(United Press Incased Wire.)
Seattle. Aug. S. After 10 years
of patient labor and sacrifice,
Thomas Levi, 75 years old. Is
crushed with disappointment be
cause of the failure of his aero
, plane to fly. The old man was
confident that the machine of his
own construction would be a
success and Sunday afternoon, in
the - presence of his neighbors,
the Initial flight was attempted
from the backyard of his home
on Beacon' Hill. But te little
wooden structure failed to as
cend and today Levi la grief
Btrliken. "He bad mortgaged his
home to obtain necessary funds
to build his machine and had de
voted his entire time to the
work. : -, '. ! -
Levi had hoped to proe that
an airship could be constructed 1
which would fly and, without the
aid of a. motor, would go If pro
' pelled by man's efforts only. He
had ' dreamed of entering his
monoplane In the International
airship races at the exposition.
The, propeller was to be operated'
In much the same manner that a
bicycle Is driven. He had con
structed a track on which to
give the machine a start Down
this track the machine was run,
but at the end of the rails it
fell onto the road and the light
frame work was broken to pieces.
. The Inventor was unhurt but the
work of years was ruined. '
' Moves to Salem.
Ealem, Or, Aug. S. Master Fish
Warden II E. MoAlUster is making
preparations to move to Salem. Here
after he will maintain his office at the
state Capitol with the other state offi
cials. ,. j.
, New Notaries.
Salem, Or., Aug. S.- Notarial commis
sions have been issued tor John Praser,
Richmond; Joseph Barton, Baker City:
V. B. Hyde, Oregon City: R. J, Can field, i
Agnes and Edward E. Sharon, Portland, j
ME SETS OREGON CITY l "E SA WAS 'CPS' SDH
Conferees' Eeport to Be Act
edUpon Thursday, 2 P.
Cotton Schedule May
Be Beopened, as Well as
Leather Delay Possible.
(United Press Leased Wiral
Washington. Au. . The senate this
afternoon agreed upon Bailey's motion
to vote on the tariff conferees' report at
2 o'clock Thursday afternoon.
xne oDjecuonaDie language in tne
leather schedule of the tariff bill is
generally credited to Senator Lodge
and Representatives Gardner and Mc-
Call 01 Massachusetts. ix, is aiiegea
that they are trying to preserve the in
terests of New England alone.
Thev are also said to have given
President Taft the impression that the
boots and shoes worn by men In the
street were made from" hides that the
schedule as written admits free.
IlDon the resumption or consideration
of the conference report today Senator
Culberson of Texas gave notice that
when the ioint resolution' with regard to
duties on leather goods was introduced
he would offer anotner placing cotton
bagging on the free list.
Clapp participated in the discussion,
declaring that France would suffer an
Injustice as the result of the maximum
and minimum provision, as other coun
tries would get irom six montns to a
year's notice of the termination of the
existing commercial treaties, while
Franc would get oniy mree moncnB
notice.
Aldrlch replied that notice of the ter
mination of the treaties had been given
three months ago and had been worked
out to the satisfaction or ait conoernea.
At the conclusion1 of Clapp's denunci-
.4An 1 Va ...Iff Kill Chrmn ....
ins; that apparently nobody desired to
speak, put the motion for the adoption
of the conference report. There was a
chorus of "ayes" and a chorus of
noes. Before a motion requesting a
roll call was made Bailey suggested
that the vote be taken at 2 o'clock
Thursday afternoon. But he signifi
cantly remarked that he wanted it un
derstood than an agreement did not In
clude any supplementary proposition.
This referred to the proposed resolu
tion cnangmg tne leatner scneouie.
Aidricn mane a lew remarKS ana
Bailey's motion was adopted unani
mously.
In tne course of his remarks Bailey
suggested that possibly it might take
as long a time to pass a supplementary
proposition, meaning leather or cotton
changes, as i had taken to pass the
tariff bill. This is taken as an Intima
tion that the Democrats propose to use
their opportunity to compel the restor
ation of cotton bagging to the free list.
McCumber.of North Dakota, in an in
terview, stated that he would support
the bill, though many of the duties he
did not approve of. He explained that '
he had Just called on President Taft,
requesting the recommitment of the bill,
but that the president believed It would
seriously endanger the measure to re
commit it.
When informed that the senate would
vote on tne tariff bill Thursday, Taft
said today that he would probably go
to his country home at Beverly Friday
evening.
3400,000 OEAL
in ! iflfio
Weyerhaeusers Buy 5000
Acres and Choice Millsite
in Pacific County.
(BoecUl Dispatch to Tb Journal.)
South Bend. Wash,, Aug;. 8. The Pa
cific Empire Lumber company has sold
Its holdings in Paclflo oounty to the
weyernaeuser ximDer companyconsia-
eratlnn 14Aa.0ft(L The deal InvnTtun BOOO
acres of timber land and a fine millsite
in the heart of South Bend- The prin
cipal stockholders in the Pacific Em-
f lre company are also stockholders in
he Weyerhaeuser Timber company. The
selling company was tne second largest
umoer iana owner in faciric county.
COTTAGE GEOVE
PLANS IMPROVEMENTS
Cottage Orove. Or,. Aug. 3. The eoun
ell last night passed the paving ordinance
10 second reading and ordered the our
chase of a rock crasher and roller over
the mayor's veto. Main street will be
paved rrom tne southern .Pacific depot
to tne Driage, wnne otner streets win
be paved and macadamized. Two 20
Inch drain pipes will carry the waste
water north from the head of Third
street to the river. i
The Stewart brick building Is almost
finished. -,Foundatlons era laid for B.
K. Lawson's two 'story brick on Main
street near Fifth. .
Overworked; Is Suicide. ,
Oakland. Cat. "Aug. . During tem
porary Insanity caused by the fact that
for a week or more he had passed sleep
less nignts wmcn were gradually un
balancing his mind and that -through
this period hs had attempted to attenJ
to his trying and responsible duties at
his desk in Ban Francisco. Ormal Mc
Lean Rugg. president of the California
Lithographing company of Ban- Fran
cisco and formerly one of the best
known and most popular young banker
of the state, fired a bullet . Into his
brain at 4:50 o'clock this morning' and
was dead 45 minutes later. , The shoot
ing took place at "663 East Eighteenth
Street, the home of Hugh M. Cameron,
a prominent Oakland real estate man
and Rugs' s father-in-law. ,
Supreme Court Affirms Ver- V'X? f V
-"diet.- in Martin; Jancijag I $y " ' Vr vC- YY -
" Case-Harry Daley of 7iV jViUij f , Ka
Portland Must Also Die on iff y ;jJjA , v .J?
Gallows. ' If r;-X-
- (By Journal Leased Salem Wire.)
Salem Or., Aug. 3. Mathew Jan
cijag and Marry Daley must bang
Both were convicted during the past
few months of murder in the first
degree. They appealed to the su
preme court and a- decision waa
reached today. In both Instances
the proceedings in the lower courts
were found regular and the verdict
affirmed. The cases were argued
the same day, July 21.
Jancijag was Indicted, tried and con
victed of murder In the first degree
for killing Mary Smrekar, July 11, 1903,
at Oregon City. An exception was taken
to the Instructions of the court. . No
part of the evidence adduced at the
trial was given to the supreme court. ,
The opinion la written by Associate
Judge Slater. It was tried in the lower
court before Judge Thomas A. McBride,
now on the supreme bench by virtue of
appointment by Governor Benson. For
that reason he did not participate in this
decision. . , . . . . . ,,
Conscious ox yurpoae.
The court held that the act constitut
ing the basis of the presumption of
malice from the deliberate and unlaw
ful use of a deadly weapon must have
been deliberate, that Is. accompanied by
such circumstances as evidenced a mind
fully conscious of its own purpose and
design. '
. "To deliberate," says Justice Slater,
"Is. to weigh ,the motives for an act
its consequences, the nature of the
crime or the things connected with the
intention with a view to a decision
thereon."
Failure of Presiding Judge C. TJ. Qan
tenbein to instruct the jury as request
ed oy tne counsel ror tne aerendant is
made the basis for the appeal in the
Harrv Daley case also., Daley shot and
killed Harry Kinney in a saloon In
Portland and was convicted, of murder
in the first degree.
' Evidence was produced at the . trial
tending to showthe defendant was not
guilty ov reason of mental incapacity,
and the counsel for the defense asked
the court to include In his instructions
(Continued on 'Page Six.)
Specifications for Big Water
Basin Are Prepared and
Bids Will Soon Be Asked
forWork Commences in
October.
Specifications for the new 50,000,
000 gallon storage reservoir to be
built on Mt. Tabor as a preliminary
step In the construction of the sec
ond pipe line to Bull Run, were com
pleted in the office of the city
water department's chief engineer
this morning and although the foot
ings hare not yet been made the ap
proximate cost of the big conerete
basin will he about $360,000.
The plans will be submitted to the
water board at Its next meeting- and the
city auditor will then be directed to ad
vertise for bids for Its erection. Actual
construction work should be commenced
before the first of October.
The building of the reservoir waa de-
elded upon aa the Initial step In the in
stallation of , the new pipe line at the
last meeting- of the water board under
the administration of Dr. Lane, and
City Engineer-Thomson of Seattle, was
engaged as consulting engineer to as
sist Chief Engineer D. D. Clarke of the
water department in arranging the de
tails of the mammoth project, - which
will cost more than $3,000,000 , before
its completion.
.. . . Thomson Is Sleeted,
Mr. Thomson will arrive in the cftv
from Seattle tomorrow and he will ac
company Engineer Clarke to the headr
works at. Bull Run on an Inspection
trip. He will , afterward survey . the
specifications ' for ' the reservoir and
rive them his official approval. ; As
sistant Water Engineer F. M. Randiett
says the 24 mile pipe line to the source
of supply on Bull Run river should be
(Continued on Page six.)
READY TO BE
STARTED
i
, Dr. Brltton, D. Evans, the famous alienist, on whoie testimony
principally Thaw waa acquitted of the "murder of Stanford White on the
ground of temporary insanity, whose secret report to Thaw's attorney
caused a sensation at the hearing
Harry K. Thaw has fully- recovered his reason.
DROPS PISTOL, IS KILLED
Frank Ellis Dies While Trying to Peach for Guide Cord
in Cave of Josephine County Wife Re
mains by Side Until End.
(Special Dispatch to The Journal.)
Grants Pass. Or., Aug. 8. The body
of Frank Ellis, who accidentally shot
himself while exploring the Josephine
county caves near this city on Sunday
night, was brought here today. The re
mains have been shipped to The Dalles,
the former home of the unfortunate
man. .
Briefly, this is" the prelude to one of
the most pathetic accidents that has
happened In this section, of Oregon in
years. It was for the first time made
known today the peculiar circumstances
under which Ellis was shot. The fact
In the matter was that Bills was climb
ing up a steep incline to explore an
upper cave. The party of pleasure seek
ers had placed a guide string at the
bottom of the Incline. Kills carried a
revolver in his hip pocket. He reached
over to feel for the guide string and In
doing so the weapon slipped from his
FAITHFUL GIRL
DEFIES THIEVES
Dares Them to ShootTied
in Chair When She Tries
to Send an Alarm.
(United Press Leased Wire.)
New Kensington, Pa., Aug. J. Bat
tling 'with two men and thwarting them
In an attempt to rob the railroad com
pany, Ella Clifford, a 24-year-old girl,
employed as night telegraph operator
at Bretburn Road, was finally overpow
ered last night by two thugs, who
bound her to a chair, where she was
found this morning. Two men suspected
of the crime have been arrested.
The girl was alone in the railroad
office at Bretburn Road, a station 22
miles . from Pittsburg, when the men
entered. Pointing a gun at her head.
one of the men threatened to shoot her
if she aid not tell tnem wnere the com
pany's cash, amounting to several hun
dred dollars, naa Deen ntaaen.
"I dare you to shoot.? calmly: an.
swered the brave girl. "I will never tell
you where the money la"
As she defied the men. Miss Clifford
edged toward the telegraph key' on her
table, nomne 10 send on tne wire a cau
for help. ' .
"Nn von don t-" shouted one ttf the
thugs, divining her intention. As he
grasoed her by the wrist. The girl
struck the man a stinfflnsr. blow, which
angered him. A struggle followed anT
the girl was nnaiiy . Douna to a cnair,
out of reach of the telegraph key, and
left there for the rest of the night. ,
MINERS REELECT
MOYER PRESIDENT
(Patted Press Lused Wife.)''"
Denver, Aug. S. Charles. H. Moyer
was unanimously reelected president of
the Western Federation of Miners to
day. C. E. Mahoney was elected vice
presldsnU . ,.i
now In progress to determine whether
poc.ket and struck the rock floor of the
cave. T
Fate seemed to have selected the un
fortunate man for its own, for when
the cartridge exploded in the gun the
bullet passed out- of the barred and
struck Ellis in the head.
Mrs. Ellis with a Mr. and Mrs. Vln
yard and two youn ladies of drams
Pass were- waiting below the shelf.
Some one shouted. "Run. run, there
has been a murder." 4
Mrs. Ellis returned and went to )hr
husband's rescue. She remained by him
all' afternoon In the pitch darkness of
the caves, waiting for help. He died
and his body was not removed till lata
that night.
The revolver was found near the top
of the incline, particles of marble grit
on the hammer and one exploded shell
indicating that Ellis had . accidentally
shot himself.
I HEW MB EC I IIS
Contractors for the First 25
Miles of Extension Ar
rive at Eugene.
(Special Dlspatck to The Journal.!
Eugene. Or.. Aug. 3 E. O unit T.. R.
Wattis of the Utah Construction com
pany, which has a contract to build the
rirst 26 miles or southern Pacific com
pany's Klamath Falls-Natron extension.
arrived here from Oroville, Cal., this
morning witn iz men ana left in car
riages for the scene of construction
worn.
Two thousand men will be nut to
work on the contract as soon as they
can oe securea. a tratmoaa ol con.
struction equipment has already left
Oroville for Eugene. The equipment was
used by. the company on the Western
Pacific contract between Oroville and
Kcno. , -v.
The contractors will encounter heavv
grades immediately out of Natron, as
mere is a range or mils to be crossed
there. Leaving the hills the grade is
comparatively easy for 20 miles, when
rough country is again encountered.
There will . be one tunnel about SA
miles from Eugene which will be 2000
feet long, and two others 400 and 600
feet long. '
BLACK HAND HOLDS
CHILDREN FOR RANSOM
(Halted Press Leased Win.)
St Louis, Aug. S.' Following the kid
naping of Grace and Alfonso Vivlano,
second cousins, 3 and S year of age, re
spectively, -and a demand for $25,000
ransom, detectives today arrested Jo
seph Bocano, suspected ef being an ac
complice of Samuel TurtstJ, . who Is be
lieved to have taken the children front
their home. . , -
, No trace - has been - found ' of Turlstl
and no word has been heard from the
children- since toe. arrival last nirht at
a special delivery letter, in which it was
said tnat tney were being held for ran
som. . ..I...'.,,.
KLAMATH- A Oil
Would Not Invade Spain at
Head of Army, but If Al
fonso Cannot Restore Or
der He Will Undertake
Task If Needed.
ftTnitftd Press ImimI WIm i
Vienna, Aug. 3. Denying that he will
lead an army of Carlists against King
Alfonso, Don Jaime gave out an Inter
view hftMh tnriAV Th. nr.Anw
olared that . the only condition under
which he would enter Spain at the head
of an army would be in the event that
Alfonso was overthrown and a leader
was needed to restore order.
REFUGEES FROM
BARCELONA TELL
TALES OF TERROR
(Doited Prase teased Wire. t
Blarrlts, Aug. a. Regular train
service from Barcelona waa resumed
today, and With its reentahllhmnt
came a train of refugees from the re
volt riven province of Catalonia. 'AS
Passengers arriving; from Barcelona
say that the government forces are for
tifying their position In the central city,
in anticipation of an outbreak. . ..
The revolutionists are encamped In v;
the mountains surrounding the city,
where they took refuge following the
slaughter of the last few-days.'.
loyal troops, but the condition of the
defenses and ths, position, of b Joval .
forces maktts it probable that the sue
ceedlng fighting will he tilnndv
' Allowing' for exaggeration, by - terri
fied refugees who have arrived here, it
is estimated that the list of dead at
Barcelona reached 2000 In the. three days
of fighting- there..
DOX JADIE'S HOPE
OF SUPPLANTING
ALFONSO REVIVED
(United Press Leased Wire.)
Cerbere. France, -Aug. . - Troops sent
from Barcelona to dislodge the rebels
entrenched in the mountains were re
pulsed with heavv losses, according to '
messages received here today. The sit- ,
the followers of the late Don Carlos,
(Continued on Page Six.)
Government Engineer Tells
Interesting Things About
Wonderful Projects ' Now
Under Construction Dif
ficult Feats in Building.
Ability to learn without previous
farmlr- experience is the best asset for
the newcomer on Irrigated lands, says
C H. Swlgert, supervising engineer for
government . reclamation projects In
Washington. Swlgert with the super"
vising engineers of other districts is at
tending the meeting being held today
with R. A. Balllnger, secretary of the
Interior. " :!,
"The men who make the greatest fail
ures on irrigated lands are the men who
think they know most about farming:. .
he asserted yesterday-evening. "Men
who have had previous . experience on
farms con-e west with, the Idea that thev
have nothing left to learn. Hence they
refuse to learn. . As a result they gte
the land too much water or too constant
ly; It sours or the alkali comes to the
surface and the property is rendered
valueless.
jTeeds ArUstlo Touch. .
Ttf any people thin you dl a ditch
and ret "the water to the land and the
sun' and the" earth and the Lord do the
rest" -Mr. Swlgert continued. 'As a
matter of fact the artistic touches ar
applied arter tne crop nns ovmn sowwi.
Underdralnasre 1 all important, Land
that is soggv must be artificially pro
vlded with underdrainsge. -
, "Much of the land that we irrigate,
however, will drain itself, if not gly. n
too much water. But 1 find that in
nearly every. case the newcomer wants
to , use too murh wstef. Plant life,
though needs only so murh wsir. llor
then that Is injurious. - This is trim f
irrigated land, as tt' Is of those e-Ur,n
where natural rainfall furnishes the wai
ter supply." - ; - ; .
Mr. Swlgert Is just "mpiefin
Tleton projt, the in rarest v-r i . -taken
bjr the govrnmnt In a
A
VERY EASY
TO LEARfJ
(Continued on I'aeo -;.)