THE, OREGON DAILY JOURNAL, PORTLAND, FRIDAY EVENING, FEBRUARY 11, 1910.,
DEFENSE Mffi
LAST PLEA FOR
IE
I
III
'Colonel Worthington Closes Ar
v gument in Land Fraud Case
and Case Will. Reach' Jury
I About Noon Tomorrow. K
.'; Earnestly sppeallnr : to tha' Jury to
wlpa off ths slat and "return a verdict
of aoqultta) for Blnger Hermann, Color
nel Worthington closed the argument
for the defoma at noon today In the
United States court, and thus ended the
contentions of Hermann and Ms cpunael
that he la tpnocent of the charges being
brought agalnat hm. - j .:
" , Mr. Heney will take Up all of tha time
this afternoon until t o'clock in making
the closing argument-for the govern
ment, and tourt will oon vena in the
morning at o'clock to listen to . the
charge of Judge Wolverton. ; '
Goes to Jurjr at Voo.
This will take most ot tha morning,
and tha case will be given to the jury
for final consideration by, noon. It is
believed that a verdict will be returned
before Sunday morning. .
Tha whole question was summed up
by Colonel Worthington in his closing
In his ' contention that the one great
question before tha jury was whether
they were convinced ' beyond a reason
able doubt that Hermann had entered
Into a conspiracy with Maya and Jones
and the rest, particularly with Maya and
Jones, .tacitly or directly, by which he
was to aid them In getting their fraud
ulent scheme through tha land office to
completion in exchange for their votea
EASIER TO PREVENT
Moat physicians are agreed that the
beat way to combat moat ills is by the
Indirect . method of stimulating tha
body's natural powera in fighting and
destroying the germs of disease: Con
sumption, for example, Is much easier
to prevent than It is to ' cut, and
throughout tha land a determined war
fre la being waged to lessen the danger
or lnrection by this insidious disease.
Cougha and colds are a prolific aourc
and should not be neglected.
At the first sign of a cold, steps
should be tsken to check It at once, and
this can best be done with a simple
mixture of two ounces of Glycerine, a
half ounce of Virgin Oil of Pine com
pound pure and eight ounces of pure
Whiskey. These can be mixed together
in a large bottle. Shake well and take
a teaspoonful every four hours. It Is
claimed by the Leach Chemical Co. of
Cincinnati, who prepare the Virgin OH
of Pine compound pure fbr dispensing
through druggists, that this mixture
will break up a cold In 24 hours and
cure any cough that Is curable. . ...
and efforts to put him In the senata of
tha United States. ' V
' By Mr. Heney's, admission, Colonel
wormington said, the Idea that - Mr.
Hermann waa to hava benefited flnan
dally through the completion of tha
conspiracy was wiped out of the case.
In tha same way all idea that he wa
to receive any of tha landa to be se
cured was .eliminated, ao that tha one
aola question waa hie reward through
tha senatorahlp for what ha waa alleged
to bava agreed to do. .
' Says Brldenoa XAoklng.
. There waa not a line of testimony In
me case, colonel Worthington contend
ed, that went to -show that Hermann
aver entered into any.auch asreement,
or tot how that Maya or Jonea knew of
nia senatorial ambitions; In fact, there
waa tha testimony , of Hermann that
tney did not know of it, and the record
of tha legislature of 1S0S to show that
St no time during tha 40 day fight they
votea for Mm. -
The jury was asked to return a verdict
on. this kind of evidence, which waa, in
fact, no evidence, and this in 4he face
of tha fact that Hermann had defeated
tha scheme of Maya and Jones by with
drawing the lands in thf Blue Mountain
reserve from settlement, which put (
stop to all frauds In tha lieu landa con
talned within Ita boundaries. Tha geo
logical aurvey ' had recommended . tha
creation of tha reserve, and Ormsby bad
dona tha same. .
: ' Considered Xeserre Good.
Langille, the confidential man of Sec
retary Hitchcock, had alao made a re
port ravorabie to it and contended on
tha .stand in the present trial that ha
considered the reserve to have been a
good one, yet In.ihe face of thla con
dition of 'affairs, Hermann had made
only a, temporary withdrawal, and had
insisted that there ba a full Inveatl
gation before tha withdrawal was made
permanent, and that tha situation, atood
In that place when ha went out of of
fice.
Colonel Worthington, ' after apeaklng
through yesterday afternoon, summed
up his argument thia morning. Ha did
not float away into oratory, but talked
evenly and earneatly to the It men In
front of him, presenting his points from
the. evidence of tha caaa, calmly and
quietly, aa one man talka to another.
oxassoa Strongest Witness.
He contended that It must not be un
derstood that tha defenaa had admitted
that the . government had proven tha
Maya-Jones conspiracy. The only wit
ness the government hsd .to show that
conspiracy waa George Sorenson, - him
self an accomplice and uncorroborated.
In addition to the fact that Sorenaon
waa a convicted man, under indictment
for perjury and other offenses, he had
become tangled In hla testimony.
Hermann had tried to hava the lieu
land act amended or repealed, and had
kept at it continually until it waa fi
nally accomplished In 1905, while he
was a member of congreaa.
Heney had contended In his argument.
Colonel Worthington said, that no con
spiracy was ever openly made, and yet
he had come before the jury with the
argument that Hermann and Maya had
talked openly about the Blue mountain
deal In the presence of Meldrum and
others.
Tha defense had made a demand for
the report of tha geological aurvey on
the Blue mountain reserve, and the gov
ernment had not produced it There
fore. Colonel Worthinrton contended.
the government had left the Blue moun
tain case up In the air, by not ahowlng
that action waa finally taken on tha re
serve, following the recommendation of
Hermann that It be referred to the ge
ological survey for further considera
tion.
Hermann had written a letter to O. I.
Patterson In the fall of 102. telling
Im, in answer to his protest, that be-I
fore any final action Was taken on tha
Blue mountain reserve that there would
be a full Investigation and all parties
would' b given,, an opportunity to be
heard ao far aa his office, waa con
earned. Thla did not look Ilka Hermann
was In collusion with Maya and Jonea
to rush their schema through tha office.
. Oalla SotX Sxploslvs. .
Colonel, Worthington called attention
to tha testimony of "that explosive uer
man, Profeasor Roth." former .chief
of the forestry division, who had tea
tlfled that Hermann had always taken
up each reserve personally for Inveatl
gation and whose, whole idea seemed to
oe me prevention or rrauaa or couusion.
Tbla, coming from the government's own
witness, the apeaker contended, did nor
go to prove their feaee of conspiracy
with Maya or Jonea.'
Too great conalderatlon should Mot be
given. to testimony of employees of the
government, Colonel Worthington con
tended. They were compelled to. look
out for their Joba and feared thatahould
they not support the government's case
that they would lose their positions.
. Mr. Heney put in here and aaked th
speaker If he believed that his pull with
tna present administration or the prea
ent secretary of the Interior waa
great that the employeea had anythln
to fear from his recommendations. .
,. Becalla JCuller Case. , .
Colonel Worthington replied that It
was not a case of what the employeea
knew, but what they .feared. He re
called the caae of Muller, who had re
fuaed to talk to Worthington, saying
he would have to ask Heney, .and of
Hough, former secretary of Hermann,
who, In Washington, had said be would
have to aak District Attorney Baker
before he could confer with the at
torney for the defenaa 'and then re
ported that be had been orderd not to
talk to any one for the defense.
Pssslng to the testimony of Tarpley,
Sorenson and C. E. , 8. Wood,. Colonel
Worthington argued that the jury was
not to give it consideration unless they
were satisfied from the other evidence
that Hermann waa guilty of a con
splracy.
Bmmett Callahan a teatlmony waa
characterised as' ridiculous. Colonel
Worthington aaked bow the government
could expect the1 Jury to believe It,
when Callahan aald In one breath' that
he waa on intimate terms with the presl
dent of the United Statea, the secretary
of the interior and with Hermann, and
then In the next admitted that Hermann
did not remember him when he ap
peered lrr bla office In Washington.
' What Wnw AkA.
In the face of theae conditions Heney
waa aaklng the .jury to believe that
Hermann told thla practical stranger to
all intenta and purposes' that ha was
conspiring with Msys and Jones, and
had then told him to go tell the sec re
tary of the Interior about It
Again, Worthington argued, Callahan
had aald that he had .told Hermann the
greatest objection to the Blue mountain
reserve waa the charge of fraud In the
school lands, and had asked If there
waa not aome way to cut those landa
out. and Hermann had aald that they
could be checkerboarded out
Acting on thla statement, Hermann
brought In a map and showed how he
had done thla In the caae of the San
Franclaco mountain reserve. Yet-,
Worthington aald, Heney was asking
the jury to believe that Hermann was
In the conspiracy whent he would ex
plain to Callahan how it would be pos
sible to defeat the very object of the
conspiracy.
"Cltlsea's letter."
The speaker went into the question of
the "Citizen's letter." calling attention
to the achool land frauda of Hyde and
Benson, and said that .the records
showed that thla letter had gone to the
division and not to Hermann, and that
It had there fallen Into the hands of
Harlan and Valk. who were In , the em
ploy of Benson, and who undoubtedly
suppressed It ' ,.
Valk waa the only man who had tes
tified that Hermann had aeen thla let
ter and thus gained knowledge Of the
achool land frauda. Valk had been in
the employ. of Benson. He had told of
this to the government and yet In the
face of thla had been kept In office for
four yeara or until after he bad give
his. teatlmony agalnat -"Hermann
Washington; He waa afraid to tell the
truth now, for fear that he would be
prosecuted for perjury committed at the
wasnington trial. , V .
rut Caae to Oae'ide."':';'
. The Hyde-Benson caae' had no con
section with the Blue Mountain caae.
and should be put to one. side by the
jury, Colonel Worthington contended
Heney would say, that Hermann knew of
these frauds and i would not tell the
secretary of them for fear that
would throw aome obstacle In the wa
of the Blue Mountain reserve, but th
records showed that the special agents
of the department bad been - busy .un
covering nearly 8000 frauda durtng that
aame time. ,
Why did not these frauda endanger
the Blue Mountain reserve, and why did
not Hermann try to atop these Jnvestlga
tions If he were afraid the secretary
would prove unfavorable to the Blue
Mountain case becauae of suspicion
aroused? .
In apeaklng of the Zabrlakla letters.
which told of the Hyde-Benaon frauda.
Colonel Worthington contended that the
recorda and the evidence ahowed that
Hermann had puahed that Investigation,
taking up the. letters and acting on
tnem aa aoon aa they were received.
Ordered Claims Suspended.
As soon aa he received the Holalnrer
report ne ordered that all of the Hyde
Benson clalma be suspended sending
Investigation, and they remained ao tied
up .until after the commissioner went
out of office.
The speaker also made the ooint that
Benaon would not have had to bribe
aubordlnatea In the commissioner's of
fice, to secure favorable action on the
clalma presented by them If th com
missloner had been his friend.
There had not been a word in the
Mitchell correspondence that could be
construed against Hermann, the apeaker
contended, and he charged that had
there been anything of that kind that
the government would have produced it
ai me Deginning or court thla morn-
ng the jury asked that court be con
vened at 9 o'clock tomorrow In order
to give as much time aa possible for the
consideration of the verdict, following
me charge or the court to the Jury,
This was agreed upon by Judge Wolver
ton.
ULL TOGETHER
FOR SUBMARINES
FOR THE PACIFIC
(Continued From Page One.)
present battleships to the west cosst
Taft informed them that he muat re
gard the effective water fighters as a
nit and must retain them, aa in the
past, on the Atlantic coaat.
The western men went over the sub
marine question with the president.
They argued atrenuously for the ten
year plan, and Mr. Lamont thua
analyzed it:
"A Dreadnaught battleship coals
110,000,000 to build and $1,000,000 a
year to maintain. Ten submarines may
be built for $6,000,000, and the cost of
alntaining one battleanip la equal to
the coat of maintaining 40 submarines.
'Only four submarines are building
on the Paclflo ' coaat two at .Seattle
and two at San Franclaco. 'Our people
demand the protection' which the sub
marine program. would give." ,l t
Z augers la Present Situation.
, Congressman Humphrey said: "It
would be possible for a foreign warship
to enter Puget sound in a fog without
watches on shore seeing It" " v
Congressman Kahn of . California
aald: , .
"We are not predicting war wJth Ja
pan, but . we demand that preparations
be made that Paclflo coast cities may
be protected in case of emergency."
Of course, the Seattle and San Fran
otaco men are the moat active factors
In the propaganda, but the plan has the
support of the Oregon delegation aa
well- ;
. , Boosters Appeal Confident. '
Senator Perkins of California,' chair
man of the aenate naval affairs com
mittee, Is believed to be favorable to
the plan. Indeed, though those .who
are urging It ship bulldera do not
aaaart that It will be adopted, their
manner and recently manifested confi
dence leada one to believe that they
have had aome confidential assurances
from the aenate and house, managora
which warrant the Jovial countenanoes
they show when one sake them about
the matter. It looks . somewhat aa
though the Moran company and the
Union Iron Worka were about to do a
whole lot of work for the government
Inventor KdJson'a (KM l;irtt.lajr.
Fort Myera. Fin- Feb. 11. Th-ma A.
Edison, the inventor, qulr-tly ub-nl
his sixty-third birthday at his winter
horjie here today. No special pinna wcr
made for tha relubratinn of tha anni
versary. Mr. Ellison is apparently l i
the beat of health and spirits, lie ex
pects to remsln here with tils family
until April, when he will return to hi
home and workshop st West Oraiise, N.
J., to resume his labors for the perfec
tion of storage battery to be applied
to streetcara.
' ' n - - -
Jounal picture coupona are appear
ing on page 3 every day. The' first one
waa printed Monday. Don't fall to rut
them out .
FIRST SHOWING
SPRING STYI.ES
I
We place ondisplay this week a full line of
Young Men's College Clothes
for spring.
DISTINCTLY DIFFERENT from those
that will be shown elsewhere. They are made with
BROAD ATHLETIC SHOULDERS and long roll
lapel twq and three-button effects with full '
peg-top trousers. You are invited to inspect same.
MEN'S MANHATTAN SHIRTS ARE HERE.
THE NEW SPRING BLOCKS IN BREWER HATS. VUS-
Ben
Selling
Leading Clothier
-
(Gotof? (Mim (Mmg
V
O
BOUGHT BY
THE ENTIRE NEW AND UP-TO-DATE STOCK OF
qU
Consisting of Men's Clothing, Overcoats, Cravenettes, Pants, Hats, Shoes, Suitcases, Furnishings, Etc
Forced to Vacate the Building at Once They moved this stock into their own big store at the COR. DAVIS
and NORTH SIXTH at this season of the year it leaves them heavily overstocked therefore we must unload
lepiiiii w Promptly at lie o'Qodt
The Bankrupt Stock bought by them UNDER THE HAMMER OF THE UNITED STATES COURT, together with their own mam-
'...''-ttL r Tf Tx nr i In
. uiuui w iat a up-iu-iaic iuggery, gucs un sate au ai
JPRffCES
Forty thousand dollars' worth of Up-to-Date Men's Goods, from head to foot, to select from. THE ONE OPPORTUNITY NOW
iv'.' -' r - .. , AWAITS YOU. Come qome early come sure..
$10.00 and $12.50 Suits at, . . .....$4.95
$15.00 AlLWool at .... .... ..... . .$7.65
$18.00 All Tailored at .. . :. .... . .$10.85
$25.00 and $30.00 Bench Tailored. $15.85
$10.00 - Overcoats at .$3.85
$20.00 Overcoats at". . ; ;'. , . :.$7.85
$25.00 and $30.00 Overcoats . ; . $15.85
SHOES
Men's $2.50 Work Shoes at .95
Men's $3.00 Work Shoes at. $1.60
Men's $3.50 to $4.00 Dress Shoes . . $2.35
Mcn'sPants
$2.50 All-Wool Pants go at. . k . . . . $1.45
$3,00 All-Wool Pants go at $1.85
$4.00 Ail-Wool Pants go at. . ...... $2.85
$6.00 All-Wool Pants go at. ..... . .$3.35
IVIEISPS SHIRTS
$L00 Pilot Shirts go at. ......... . .29
$1.00 Piquant Shirts to go for. . . 40
$1.00 Soft Cashmere Shirts go at 60
$1.50 Negligee Shirts to go at .85
$2.00 Negligee Shirts to go at .... .$1.15
U N DERWEAR
75c to $1 Derby Ribbed Underwear at 39
$1.50 Cashmere Wool Underwear. ..05
Cooper's Reg. $3.50 Suit, garment $1.35
$2.50 Silk, best on earth, garment. .$1.35
'
Mss" V7 x
1 1 Ml III III' ',11 I II
u -.-.ar m - NtiiuiiiiiiiuitiiriifJiir.'itiituiintniiiitJiiirtiiiifttsttnntu.'iii, nut
w i t. ' i i, w mm mmfflw umit
I a nrsi JMmm,mi,7llllllllllllillM
EVENINGS -
During
This Sale
hi1'
'"III
"HI"
"I'',
Vi'i
Get the Place Right In Your Mind Then Come
DOORS OPEN PROMPTLY AT NINE A. M., TOMORROW, SATURDAY
EiUOTTTr, -BROS'
: ( Sales Specialists y
f seinno This EDaSdlsomi lBiPOS09 61-63 Worih Sixlii Si:
V, L- l0C-K J J : ' Corner Davis and North Sixth Streets