'OAILYEVENINBEDITION
! QjUDf EVENING EDITION I
WEATHER FORECAST.
Tonight and Friday partly
cloudy, and occasionally threaten
ing; continued warm.
The electric current that propels
the wheels of commerce Is adver
tising. PENDLETON, OREGON, THURSDAY, JULY 20, 1905.
NO. 5113
VOL. IS.
ftST- qaUIIIII HI1IWIMIMIIM IIMMII 1
f 3 f
T I
ARE IN REVOLT
Caucasus Brigade Kill Their
Officers and Join Band of
Revolutionary Armenians.
PRISONERS MUTINY IX AX
EFFORT TO II 1.1. 1' ESCAPES.
ItHK'lllon Put Iomi With Bloodslkcd
Fifteen Mutineers of the KniU
Polcnikiii Kidnapped by tlie Rum
Hun Police ami Hurried Onto Rus
sian Territory They Were Working
tit a Roumanian Factory ShortneaH
nf Ammunition ami Character of
iImi Country May Compel the Ru
sion IVm on Sagtiallen Island to
Surrender.
Odessa, July 20. An artillery bri
gade stationed In the town of Tlonety,
near Tifllas, Russian Trana-Caueusus,
has revolted, killed the officer and
Joined a band of i evolutionary Arme
nians.
Prisoners Revolt.
St. Petersburg, July 20. One hun
dred prisoners confined In Dunagurg,
have revolted In an endeavor to assist
three political prisoners to escape.
Soldiers put down I he rebellion, kill
ing two and wounding 18 prisoners,
Kldiuqted Mutineers.
Ualatz. Roumanlu. July 20. Fif
teen former mutineers of the Kniuz
Potemkln, have been kidnapped here
by Russian police imd hurried across
the frontier. The men were work
ing in a factory.
Itn-winim lnv Surrender.
Tokio, July 20. It is believed the
topographical nature of the district
beyond Maoka. on the Island of Sag-
hallen. where the Russians are mak
ing a siand after their defeat nt Dnr
line, forbids their retreat further
north. Shortness of ammunition may
unnri compel them to surrender.
More Repression Coming.
St. Petersburg. July 20. Governor
Trepnff Is endeavoring to persuade
the cznr to restore the censorship
upon news telegrams.
It Is reported the attempt to assas
slnnte Pobleiionlstzoff Is now regard
. (1 us prearranged, to allow the pro
curator to pose as a hero.
Reinforcing the Japanese.
A dispatch from the Russian army
hoiidnnurters 111 Manchuria states the
Japanese have received heavy rein
forcements from Oyainu's main iiriny,
apparently In preparation for landing
near Vladivostok. Hie Japanese 11.1
xi.iwi. In Sauhalli n lias reached Vlan-
tnlnn-skn. It Is (b illed Sloessel is up
i.niii mil lliler of the Seventh
corps.
President's Work Is Ended.
HVS1..I- Ili.v. .Illlv 20. No advices.
-ith.-r from this country or abroad
Imve reached President Roosevelt
which would warrant even by Indlree
Hon. .1 pessimistic view of the result 1
of, the forthcoming peace conference
between the plenipotentiaries of Rus
sia and Japan. n the contrary. It
can be said that such advices as the
president has received indicate that
n sincere effort on the part of both
belligerents would he made to recon
cile their differences and negotiate a
treaty of peace that will be perma-
lH'llt.
The terms that japan win
prnposo
will not be drastic is 110-
Ueved generally in ndminisiriuiun
circles. It Is known mat tile presmeni
has Intimated to the Japanese govern
ment his belief that 1111 ngreement
with Russia can be reached without
serious difficulty provided Japanese
terms are not harsh or of a kind seri
ously to humiliate her adversary.
The president has Indicated definite
ly thnt his work as an Intermediary
between Russia and Japan practical
ly Is concluded. He is gratified that
lie has been able to bring the two bel
ligerent nations together to discuss
.,..,1 consider Ihelr differences with a
view to the negotiation of a treaty of
peace. That he will have an active
hand In the conference Is regarded as
nulte unlikely.
The envoys will be afforded every
facility nnd convenience by the
' United States government for the con
duct ' of their negotiations, lint they
will be given an absolute, clear field
for their conference, a field entirely
free from any possible Interference.
T
Notional Rank Failure.
Kansas City. July 20. The
City National bank, capitalized
at J.100.000. failed to open this
morning and Is In the hands
of the comptroller of the cur
rency. Deposits, ll.ROO.flOO. To
tal resources and liabilities reach
12,000,000. The bank carried
heavy loans to cattle men.
It Is believed the president will not
be drawn into the controversy between
he two sits of plenipotentiaries, us
the one or the other of the two na
tions directly Interested almost cer
tainly would regard such a contin
gency us Interf I" .i.e.
Koine formalities have yet to be ob
served by the president, the chief one
being the reception of the envoys ut
Sagamore Hill, but when they have
been completed the president will re
gard his connection with the peace
negotiations as at an end.
KOMI KA WILL NOT T LK.
Japanese Peace Plenipotentiary Has
Arrived nt Seattle.
Scuttle, Wash., July 20. "1 cannot
discuss peuce prospects Intelligently,
having lost 12 days out of the world's
events coming from Yokohama, '
stated Baron Komura, Japan's peace
plenipotentiary, who arrived with his
suite on the steamor Minnesota, this
morning, after a record-breaking trip
of 11 days and 23 hours across the
Pacific.
Instructions from Toklo ure that
I must absolutely lose not a moment
reaching Washington, therefore am
forced to cancel all functions arranged
for me at Seattle and elsewhere." ad
ded Komura.
He leaves for the east tonight
aboard President Hill's private car aa
guest of the Great Northern, and ex
pects to reach Washington Tuesday.
He did not sleep last night, and spent
his time reading and answering near
ly 1000 official messages, and contin
ued work during the day. stopping
only long enough to lunch at the Jap- j
unese consulate. ,
When asked to express an opinion ,
on the statement of Japan's minister,
Hayashi, in London, that "the Japan
ese nre not angels when considering
peace terms," Komura Raid: "Haya
shi Is the greatest living exponent of
Japanese thought officially, as well as
the most popular. Whatever he says
voices the sentiment of my govern
ment and my people."
XO RIGHT TO DAMAGES.
Peculiar Interpretation of Washington
Statute
Olympla. Wash., July 20. tinder
the laws nf Washington a husband
cannot maintain a suit for damages
for the loss of his wife, according to
a decision of the supreme court ren-
dered today in the Seattle case or ,
Christian Johnson and son against the
Seattle hlectnc company.
Mrs. Johnson was killed tn an ac
cident -while a passenger on the street
car lines at Seattle. Suit was brought
and the lower court sustained a de- 1
murrer to the complaint, noiaing mat
separate causes of action had been
Improperly nnltcd.
The supreme court discusses the
const ruction or the state law which
authorizes a widow and heirs to bring
suit to recover for the loss of the
husband and provider, and says that
with the construction already given
of this statute It cannot be held that
the legislators intended to "confer the
right of action upon surviving hus
band, else the law would have said so.
"Charles Johnson has, therefore, no
cause of action. Respondent con
cedes he is entitled to recover any
mount paid for fuiferal expenses, but
cannot join his action, therefore, with
the action 011 behalf of a minor child
for the loss of the mother. In this
we concur."
FINDINGS ARE
TOWN TOPICS RECORDS
ARE HE1NG EX AM I XI
Many of Hie Disclosures Are Too In
teresting to He Disclosed, Though
It Is Made Public That Dcpew and
Clarence Muckay Are Siibscrilicrs
Many Snbioenu Have limn Is
sued Curious Line of Itcfciiw Set
Fortli by the Official Scandal Mon
ger of New Yolk's "400."
New York, July 20. Assistant Dis
trict Attorney Krotel resumed Inspec
tion todny of the hooks of the Town
Topics company. Counsel for the con
cern is permitting an examination of
tho account with the. company held
by Justice Duell, which was previously
refused.
Krotel hns made many Interesting
findings In the list nf subscribers for
"Fads and Fancies," but declines to
disclose them. The district attorney's
officers Issued no more subpoenas to
day. It Is stated that Dcpew, Clarence
Mackay and John Jacob Astor are
among the subscribers.
Town Topics announces It stnnds for
"fads and fancies" on tho ground the
rich had the right to Indulgo in pecu
liarities such as automobiles, yachts
and editions do luxe.
French Released on Hail.
Akron, O., July 20. Charles
French was released on $1000
(his afternoon.
W.
hall
The 8-year-old son of W. D. Rog
ers of Hood River, drowned In a
slough. Miss Laura Metcalf attempt
ed to rescue the child and nearly lost
her own life, an hour's hard work be
INTERESTING
ing necessary to resuscitate nor.
4.
WILLIAMSON JURY DISCHARGER.
Portland, July 20. After being out nearly 48 hours, the jury
in the lund fraud trial In which Congressman Williamson was de
fendant, reported at 1:30 p. m., It could not agree and were dis
charged. The Jury stood 10 for conviction and two for acquittal.
Portland, July 20. Williamsons-Ill be retried tomorrow.
LAND
F
JURY
Bt HOPELESSLY
At Latest Advices the Twelve Good Men and True Had Been
Out 48 Hours, Apparently Hung Up by One Man.
W. O. Cook, of Eugene, Wants a Uet ter Definition or What Constitutes
Perjury and Gets It Only Inference Disclose us Yet Any Detail of
the Struggle Going on In the Jury Room Rut Rut Quibbling by a Lone
Juryman la Relieved to Re the Reawm Why Xo Verdict Has Not Yet
Been Reached.
?r-j 1
Portland, July 20. At 1 o'clock
this afternoon the Williamson-
Gesner-Uiggs Jury asked for In-
structlons, and after receiving
them retired again to the Jury
room. It Is now 46 hours Blnce
the Jury took the case, ut 3
o'clock Tuesday afternoon.
Portland. July 20. All that is
known of the deliberations of the
Wllllanison-Gcsnei -Biggs Jury tip till
noon of yesterday, when he became an
"accepted fact" that It woeld hang,
Is embodied in the following:
After remaining In secret delibera
tion for more than 2 hoars, the JurT
in the Wllllnmwm-Gesner-Biggs sut-
oriiation of perjury case reported 10
ju,ige ,, Haven In the United Stat ?
circuit court Wednesday morning at
11 o'clock that it was 'unable to ar
rive at a verdict, and asked what
I should be done. Judge De Haven
re;(, K,imp a,i,litlonal Instructions and
told the Jurymen tn retire and dellb-
ni'uto ftn-lhor A1 tinnn Ihpv were still
In conference, with no news to break i
the monotony of the long deadlock
Common report l:as It that the Jury
stands 1 1 to 1 for conviction, and the
story Is going the rounds that W. O.
Cook, a hrtckmakeT. of Eugene, is the
dissenting Juror. This looked plausi
ble when the jnry appeared, for Cook !
was the first to ask for Instructions.
He looked worried and worn, and de
sired the court to read again the
charge as to what constitutes the
crime of perjury. This was done.
Word Sent to Court.
It was 11 o'clock when the Jury de
cided to give up the struggle. Word
was sent to the court, and the report
got out that a verdict had been reach
ed. The attorneys for both sides were
sent for. The defendants appeared,
and Judge De Haven asked the Jury 1
what it desired. Foreman J. E. Hln
kle announced that the jury had been
together nearly 20 hours, had taken a
great many bullets, and was unnble to
arrive nt a verdict. The foreman add
ed that there was no prospect of the
jurymen being nble to agree, and ask
ed the court what should be done.
Judge De Haven read from a decis
ion sustained by the supreme court,
in which were some Instructions per
tinent to the present condition. The
Instructions were In substance thnt In
a large proportion of cases absolute
certainty cannot be expected; that
while the verdict must be the Individ
ual verdict of each Juror, It must be
not simply a matter of acquiescence,
but must be founded upon a reasona
ble conviction in the mind of each.
Jury Cautioned.
It cautioned the jury that the only
PORTLAND LEADS IN
Portland, July 20. For the 12
months ending June .10 Portland ex
ported more wheat than any other
port In the United States, and Is the
only city on tho Pacific coast to which
that honor has ever fallen.
The shipments from Portland were
1,474.147 bushels, valued nt $1,331,-
913. San Francisco came next with
1,315,477 bushels; the Puget Sound
district is third with 1,246,614 bush
els. These figures were compiled by
tho department of commerce and la
bor. In 1904, Galveston took the lead,
with 17,135,436 bushels. In 1905, she
exported only a total of 56,000 bush
els, but at the same time sent more
grain across the sea than any other
port In the country, with the excep
tion of the three named.
Whllo Portland has gained first
place she Is considerably under the
showing sho made In 1904, when she
dispatched 3,476,463 bushels of the
cereal to foreign markets. The de
crease Is easily accounted for by the
fact that thousands of bushels of
MM
way In which to determine the facts
In a criminal trial was by the verdict
of a Jury, and that this Jury could not
expect another to be more reasona
ble or intelligent than it is. It advis
ed them that if there was a majority
of the Jurors for conviction, the mi
nority, or one dissenting Juror, should
inquire of himself whether the doubt
which he entertained and which was
not such as to make an impression
upon the minds of the great majority
of Jurymen, was a reasonable or suf
ficient doubt, and that if, on the
other hand, there was u majority for
acquittal, the minority should exam
ine Its mind and see if Its opinion was
just, since the reasons upon which it
was bused had not made an lmpres-
sion upon the others. The court in-
stiucted them that the Jury room is
net the place for pride or opinion.
The reading was from 164th United
Simes, page 693.
W. O. Cook asked the court If It
would be unlawful to read ugaln his
Instructions in any part. Judge De
naven sam ne wouia reaa anyinmg
desired, and Cook asked for a re-read
ing of the Instructions us to what con -
stitutes the crime of perjury. This
feemed to be the point on which Cook
is making his stand against a convlc
tion. Judge De Haven read the part
desired.
Instructions Re-read.
M. V. Thomas then asked the court j
to read the part defining a contract.
and Judge De Haven read his Instruc- I
tions to the effect that a contract up
on which there could be a recovery
In a court of law or equity. Mr. Mar
tin then cast a glance at Cook, smiled
in a satisfied way and settled back
In his seat.
Judge De Haven then told the Jury
to retire and bring in a verdict. Judge
Bennett noted exceptions on behalf
of the defense with reference to the
Instructions of the court.
At noon the Jury had been out
nearly 21 hours. It retired yesterday
afternoon at 3:1" o'clock, after Judge
De Haven's instructions.
REFl'SED TO REMOVE.
Judge Hooker Will Remain on the
Xew York Reneh.
Albany, July 20. The assembly to
day voted 011 the resolution ending
for the removal of Supreme Com;
Justice Hooker, charged with corrupt
nnd Immoral practices. The two-thirds
majority required was not secured,
hence Hooker will not be removd.
Rnvbnll Scores.
Los Angeles. Juiy 20. Los Angeles.
1; Seattle, 2.
Portland. July 20. Portland. 6: Ta
coma, 5.
Sau Francisco. July 20. San Fran
cisco. 1; Oakland, X.
WHEAT SHIPMENTS
wtieat nave neon sent rrom tills tern-
tory in the past year to California and
Inland' points. It Is estimated that ;
the Willamette metropolis hns sent nt
least twice as much w heat to domes-'-1
tic points ns she exported. In loot j
Snn Francisco exported 1.774.431 I
bushels of wheat and the Puget Sound I
clllca 1.72ri.T::. and .-o-wqip-niiy ;j
thnt period Portland exported as much I
as both districts. j
The flour exports from this port 1
for the past year reached 7ffi.Sfit bar-j
rels. valued at $2,991,341. which !
places her fourth on the list in thisj
line of business. Xew York conies'
first with a shipment of 2.030.001 bar-j
rels. Puget Pound second with 1.609.
173 barrels, and Philadelphia third-
with 9S5.0S0 barrels.
,
ihn vmt i Iho i-iilii.t ,f Inn ti'hunt
a. id flour exports from Portland total j
$4,323,264 ; In 1904 they amounted to
$6,031,514. The decrease Is due to
the great quantities of grain sent
down the const and to interior points.
It is also held that the war In the
Orient contributed In no small meas
ure to tho shortage.
.arge.
Doing Business According to Tracy
Methods.
Kalama. Wash.. July 20. Sheriff
Kirby, of Cowlitz county, Is hot on
the trail of a man who was last seen
at 5 o'clock this morning at Strang's
farm, three miles this side of Caples.
and who claims to be the eighth and j
last mlssnlg convict from McNeil's
Island penitentiary. Last evening at I
5 o'clock this man made arrangements
with J. Matthews at St. Helen's to
take him out on the Columbia. He
carried a roll of blankets, with which
was slung a Winchester.
When well out on the river the
stranger unslung the Winchester and
ordered Matthews to land him on the
Washington side. "I'll fill your body
full of holes, too, If you don't," warn
ed the passenger, and Matthews hast
ened to comply.
They landed above Caples, and
Matthews, of whom the desperado
evidently Intended making a body
servant, was then Instructed to build
a fire and cook some potatoes, the
stranger saying he was going off to
hunt down and kill a calf for fresh
ment. He Increased Matthews' dis
like of the situation by the informa
tion that he was one of the escaped
convicts from Tacoma.
At the first opportunity Matthews
slipped away and hastened to Kala
ma, where he notified Sheriff Kirby.
The fugitive Is of reddish complexion,
with three or four weeks' growth of
beard and pale blue eyes.
QUARREL OVER INDIAN ARMY.
llas Led to Serious Differences Anting
English Rulers.
London, July 20. Trouole Is con
nected with the efforts to reorganize
the Indian army. It is not settled,
contrary to the optimistic reports to
the efect that Curzon and Kitchener
have come to an understanding. The
Impression is growing that either Cur
zon or Indian Secretary Broderlck
will be obliged to resign.
HAY WILL FILED.
Estate of $2,000,000 Goes to Widow
During Her Life.
Abington. July 20. The will of the
ll,le Secretary Hay was tiled tnis
afternoon. The estate of $2,000,000
Roes to 1 lie widow during life, then to
j,hp eh'ldren and other relatives. R
; i!i moMly In real estate.
I . Mrs. llobson Is III.
; . Mne8i iowai juiy 20. Mrs.
,,.., w ife of the nero of the Mer.
riinae. Is ill In the hospital here. Hob-
! js unending.
I Amalgamated Dividends.
New York. July 20. Amalgamated
directors today declared a dividend of
i "lie and a quarter per cent, an In
; i-reas of one-half.
AWFUL HEAT IN
EASTERN STATES
MODIF
F.D SOMEWHAT,
HIT VERY OPPRESSIVE.
Tun Diwtlis Occur in Cincinnati und
Two In Xew York One Hundred
'lliousaud Slept Out of Doors In
Xew York Lust Xight In a Dcsierute
Effort to He. Comfortable Many
Prostrations. All Duo to Exhaustion
Storms and Cool Weather In
Some Pluivs.
Chicago. July 20. Under the cool
ing lake breezes tl.e temperature has
dropped to 75.
Two Deaths at Cincinnati.
Cincinnati, July 20. Two more
deaths as u result of the hot wave to
dav. The thermometer stands at 8 5.
Cooler in Xew York.
New York. July 20. The hot wave
dispersed today, due to last night's
storm. The temperature at noon was
SI.
Two deaths from the heat are re
ported and there were several pros-
trillions. All due to exhaustion. One
! hundred thousand people slept out of i
,; llool.s ,,, iKnti cnjovlng the cool
! ,r,.,.(.s
TROl 'RLE AT HONG KONG
Chinese Molest American Consular
and Riisiness Agents.
Hong Kong. July 20. American
consular officials in Amoy and Shang
hai were molested today following the
nutting Into effect of the Chinese boy
colt on American goods. The Stand
aid Oil agent at Amoy-has been or
dered to give up his position. Fur
ther serious complications nre expect
ed. SAILED FOR PANAMA.
, ,, , . ......
Shouts Flies His Prophecy of the Date
1
of Completion.
New York. July 20. Theodore
Shouts and John F. Stevens sailed by
the steamer Mexico for Panama this
afternoon. Shonts said he estimated
It will take five or six years to com
plete the work of the canal, and 10
or 12 years for tide level.
ONE COX VI
NVESTIGnTIQN
DOWN
Resolution to Have Equitable
Investigated Ruled Out of
Order in New York Senate.
GOVERNOR HIGGIXS FAVORS
GENERAL LEGISLATION.
Xot That He Would Recommend Leg
islative Investigation of Iiisuranoo
ComiMuiicH, and He Refuses to As
sume ResMusihility He Is Favor
able to Future Legislation That
Will Re Adequate to Restore Publlo
Confidence in Insurance Corpora
tions if Investigation Must B
Done, Let it Re Done Between the)
Sessions.
Albany, July 20. In the senate to
day Marks attempted to have a reso
lution adopted providing for investi
gation of the Equitable. Lieutenant
governor Bruce, president, ruled him
out of order.
Governor Higgins sprung a surprise
in the legisluture today by sending to
the extra session a special message
recommending that that body take
under consideration the question of
the appointment of a joint committee
of the assembly with the usual pow
ers to investigate, after adjournment,
the operation of all life insurance
companies doing business in the state.
for the purpose of recommending to
the next regular session such pro
posed legislation a8 will be adequate
to restore public confidence.
Governor Higgins made the state
ment, after sending In the message,
that he did not recommend legisla
tive investigation of insurance com
panies, but merely to take the matter
under consideration, as his position of
not assuming responsibility remained'
unchanged. Ill-considered haste, provoked-
by angry and Impatient clam--or
would serve 110 useful end.
X'o Record of Ixian.
New York. July 20. State Bank
Examiner Judson, after making an ex
amination of the books of the Mer
cantile Trust company, announced to
day there Is no record on the books:
of the company of a loan of $686,000
to the Equitable as stated in Hen
dricks' report.
Will Re Joint Investigation.
Albany, July 20. The senate this
afternoon adopted resolutions for a
Joint committee to Investigate the in
surance situation.
The assembly has unanimously
adopted a resolution calling for Insur
ance Invest igation by a Joint com
mittee. MARRIED SIX WIVES.
Serious Disclosures About Curltoii of
Xew York.
New York, July 20. The police an
nounced they have evidence to show
that Frederick Carlton married at
least six women, as follows:
Helen Murray in Nebraska. Lulu
Kitterlng, Covington, Ky.; Mildred Pe
terson, whom he married under the
name of Martinez: Jennie Smith of
Brooklyn, who died supposedly of te
tanus: Mary Gorman of Brooklyn,
whose death is ascribed to the same
disease, whose body was disinterred
yesterday.
The police today discovered in Carl
ton's trunk a number of bottles, pow
ders and pills which were overlooked.
MISS RRACKEX DEAD.
Woman Train Dlsiintcher
Only
In
A merlin.
Nlles. Mich., July 20. Miss Rebec
ca Bracken, pioneer and only lady
train dispatcher of the country. Is
dead. She served 40 years on the
Michigan Central.
Scientists Meet In Syracuse.
Syracuse, X. Y.. July 20. The
American Association for the Ad-
i vnnoement of Science began a field
meeting In this city today, the sessions
to continue through the remainder of
the week. Geology nnd geography
are the subjects selected for special
consideration.
Texas Negro Lynched.
New Braanfels. Texas, July 20.
Sam Green, aged 16. a negro, was
shot to death In the county jail by a
mob last night. He attacked the 4-year-old
child of a farmer.
The Same Old Issue.
Salamanca. Spain, July 20.
Becnuse the town councilors de-
elded upon letting the local
franchises without providing
that the city be properly remun-
ernted for the privileges, the
people stormed the town hnll,
drove tho council into the street
and lynched a ringleader.