. ...... ,,,, DAILY EVENING EDITION DAILYEVEN1NGEDITI0N Spring, summer, autumn or winter, the best bargains are always to be found In Enst Oregonlun advertise ment. WEATHER FORECAST. Fall- and cooler tonight; Wednesday fair. I'EXDl VX, OREGON, TUESDAY, FEKH1TAKY 19, 1907. VOL. 16. NO. 5904 EVELYN THftW 01 IH White Told May MacKenzie After Evelyn's Marriage that He Would "Get Her back." EVELYN IDENTIFIES WHITE'S CJIIROGR API1Y. .Mrs. Thaw Insists Thnt Her Husband l'ald All Hit llosjiltat Hills Testi mony Tluit Thaw's Monomania Was Willie: His Excitement ml Anger Wore Always Ungovernable When ever While Was Mentioned Fol lowing the Midday Recess Mrs. , Tlinw's Cross. Fxninlnmlon by Je rome begun. New York, Feb. 19. The Thaw trial was willed promptly at 10:30. The defendant's wife was the first witness. Delmas resumed the direct examination of Mrs. Thaw. Fvelyn, pallid but self-possessed, faced the court with steady eye. Dur ing Delnins' examination Evelyn said May MacKenzle told her In 1606 that White had said of Evelyn, "Never mind, I'll get her back." Delmas first asked Evelyn regard ing the stories she had repeated to Thaw ss coming from McKenzle. "Hid you ever state to Thaw, about 1906, any conversation you had with McKenzle relating to White and your self?" Jerome's objection was over ruled. "1 told htm," said Evelyn, "that McKenzle told me she had a conver sation with White in which she said It was a very nice way Thaw and Evelyn got along; they were so hap py together. White replied to her that he -didn't believe It. She told him. 'Yes. It's true, and I'm so glad.' White answered, 'Well It won't last. I'll tret her bock.' " "When you repeated this to your husband whnt 'll(1 he "If'" asked Delmas. "He said he'd heard th s-ine from McKenzle." "How did he act?" "He noted as he always did when White was mentioned; got ex vlted and gnawed his nails." Delmas asked. "Did you undergo an rperatlon In lOOF,?" "Yes." "Who paid the blls'f" "Thaw paid all bills and made all the arrangements." "How miirh?" "It amounted to about $5000 in all." "After our marriage," continued Vvoivn In response to Questions, "we lived In a town house. Thaw talked continually of White. Sonietlir.es he v.-on'd wander In the night tnlklng about White, or something he did. White was always on his mind." She told of a visit to Mae McKen rie, nd said while there White tiled to sit with her 'on the bed. She struggled against him. She recited the efforts of Thaw to got legal action against White nnd said she always told him, "It will be impossible because White Is so Influ ential and will be able to block pro ceedings. Besides, nobody will be lieve the story." Identified Letters. Delmas continued the examination by showing Evelyn a bundle of letters written by White for 'Identification. She took the letters, one by one, look ed ovrfr them carefully and said she recognized the writing as White's. She took sonic time. In all 4 2 papers und letters were handed to the witness. They became No. 2 In tho record of the defense. One of the exhibits was a curd. The presentation of the letters caused great Interest. Rumors about the trial room say they were notes writ ten by Thaw to Evelyn that will throw light on the case If admitted. Some, It Is slid, were written after her mar riage. After the Identification, Del mas' oral examination did hot refer to the letters. Under tho fire of questions today, Evelyn did not hold up as well as the first time. Her voice Is not so strong as formerly. Former lieutenant Governor Bruce, present Justice of the supreme court, visited the court today and sat beside ju.ge' Fitzgerald. Evelyn told of the discussion of the "Ploglil" Incident at a dinner at St. Regis, where Thaw, herself and a W. & C. R. Trains Thursdiur. It is announced by Walter Adams, agent for the W. & C. R, line, that trains will probably be put In service on that road again by Thursday. At pres ent the worst trouble Is between Cnnyon station and Hunt's Junc tion, though the road bed ts also In bnd shnpe at other points along tho Une. However, It Is believed by those In charge that two days more will Bee tho com pletion of the repairs. STAND third person, a man, were present. The conversation only related to the unnamed man's telling of White and a companion going down on their knees to a New York editor, begging him to suppress the story of the din ner. At another time Thaw told Eve lyn he hn1 found out what became of the prli'l who figured In the plt din ner. "He told mo," said Evelyn, "that the woman died In poverty; that her hurband cast her aside after ltsmlng of the pie dinner, and she was hurled In the potter's field. At 12 o'clock Evelyn Thaw was turned over to Jerome for cross-ex-nmlnntlon. Mrs. Culnc Next Witness. Mrs. J. J. Calne will be called as the next witness for the defense. A b'lef recess will be taken. KILLED WOM1X AXD HIMSELF. Idaho Man Committed Double Trage dy at Rlnckfoot. Blnckfoot, Idaho. Feb. 19. Last n'ght at about 11 o'clock Roy Merrill, a young man who had been employed upon the ranch of J. V. Kaeney for the last eight or nine months, shot and killed Mrs, Maud Leslie, a daugh ter of Mr. Keeney", fcy a shot In the breast. He, then turned the revolver on him self and a shot In the heart killed him almost hiHtantly. Both parties were well known here, having lived In this section many years. J. W. Keeney has been prominent In politics for many years and his daugh ter was a highly cultured womnn who possessed an excellent wife. She was a member of the Episcopal church. She was a widow and leaves a little boy about 4 years of age. No motive for the killing can be found unless It be that the man wns In love with her nnd she repulsed his attentions. F T ft BRANCH LINE MOVEMENT FOR RAILROAD SPUR TO WHEAT BELT Farmer mi Tnliillla, McKay Creek and the outlieaMcrn Portion of the Reservation Fi-npo-c to Donate Large Portion of Work of Building a Riillrnml tirade Into That Section Would Save l ong Haul on Wheat Crop. Farmers living on Tutuilla, McKay cre.k and the Umatilla reservation, southeast of Pendleton nre desirous of securing a rullroad spur Into that ri?h section of the county to save the lonv lviul over dusty roads., and a movement is on foot among them to donate -iffleient work with teams to i const; t'.tt u huge part of the grade from Ivndletun into that section. One of the richest sections 'of the county Pes southeast of Pendleton on Tutuilla. McKay creek nnd the reser vation and most of the heavy wheat i:i up of that section must be hauled In Pendleton, Mission or Cayuse. each fo'nt h.-lng about equally distant from I he center of the section. If a spur were built Into that sec tion almost a million bushels of wheat would be shipped out over it and a large proportion of the cattle and sheep shipped out of the county would alo' he sent over it nr such a spur If extended southeast for 10 miles would reach to the foothills of the Blue mountains and would afford much better shipping facilities for stock than either Pilot Rock or Pendleton bernuse of the range. The matter will be presented to the O. R. & N. or W. A C. R. railroads hv those who are promoting the move ment and they believe that sufficient labor will be Immediately donated to construct a large portion, if not all, of a grade Into thnt fertile portion of the county. It Is declared by those farming that portion of tho reservation and by the residents of McKay creek that It Is Impossible to haul as much wheat w'th a team over the high range of hills Into the Birch creek flat to sta tions on the Pilot Rock Branch of the O. R. & N. as can beMiauled into this city and thnt the Pilot Rock branch does not therefore offer them relief from their long haul: The work of constructing a grade from this city to the wheat belt on the reservation flats southeast of the city would not be expensive and the vol ume of business for such a spur would encourage small farming along McKay creek and Tutuilla by offering" cheaper methods of reaching the mar kets. REDUCED PASSENGER RATES. Lower Freight Tariffs Regarded ns More Important. Madison, Wis., Feb. 19. Ordering railroad passenger rates reduced from 3 to 2 Vj cents, the state rale commis sion today said a reduction to 2 cents would cnuso tho passenger department to operate at a loss, which result In the maintenance of the high freight rates, the reduction of which, tho commission declares, is of vastly greater Importance than the reduction of passenger rates." armers -2l M ft IS APPOINTED West, Campbell and Aitchi son Are the Appointees of the Board. EASTERN OREGON IGNOR ED IN APPOINTMENTS, First Railroad Commission TTnder the New Railroad Law Named Last Night The Normal School Muddle Deepens Three New Rills for Maintenance of Ashland, Weston and Mopinioutli Were Introduced 'ot Knuwa IIOw the Question Will Re Settled. Salem, Feb. 18. (Special.) The first Oregon railroad commission un der the law Just passed was born In Salem last night when the state board, consisting of the governor, secretary of state and the state treasurer named Oswald West of Salem, T. K. Campbell of Cottage Drove, and Clyde R. Altch Ucr of Portland, as such commission. Oswald West, who Is the present state land agent, was tho choice of Oovernor Chamberlain. Treasurer Steel named Altchlson, who is collec tor for the Portland Guarantee & Trust company and former secretary of the Oregon tax commission, and Secretary of State Benson named Campbell, who Is a lumberman of Collage Grove and an active worker In the Willamette Valley Development league. While the appointment of Altchlson and Campbell were surprises, yet there Is no opposition and to western Ore gon and Portland, at leasl, the com mission seems to be satisfactory, al though a number of eastern Oregon cltzens have bitterly criticized the ac tion of the board In Ignoring eastern Oregon on the commission. Normal School Muddle Deepens. Although it had been agreed that no further bills be Introduced, yet after the veto of the normal school measure by Governor Chamberlain yesterday, bills were Introduced for the appropriation of funds for the maintenance of Weston and Ashland In the house, and for the maintenance of Monmouth In the senate. A bill for the support of Drain was defeated In the house. The Introduction of these bills only deepens the normal school muddle, and It is not known how It will end before the session closes. The bills Introduced Inst nieht In the house provide for $4 5,000 for tne Ashland school, and $35,000 for Westnn. The senate bill carries $4 5,000 for the sup port of Monmouth. KILLED HIS DIVORCED WIFE. Vaneoiivc- Man Then Shot Himself Through the Rend. Vancouver. Wash., Feb. 19. After shooting his divorced wife four times and Inflicting fatal Injuries, LouIb Mazoretsky, a well to do second-hand dealer of Vancouver, early today sent a bullet through his own head, kill ing himself instantly. Mrs. Mazorets ky was taken to the hospital, and al though she still survives. It ts believed she will die during the night. Four Blown In Pieces. London, Ky.. Feb. 19. Foreman Sutton and three of his men in a sec tion gang of the Louisville & Nash ville railway, were blown to atoms by dynamite this morning near Hazel patch. Two Charged With Murder. Chicago, Feb. 19. Leonard Leopold and Howard Nicholas, charged with the murder of Margaret Leslie, an ac tress, October 18, were arraigned to day and remanded until March 11. WALLA WALLA BRANCH AGAIN WASHED OUT After several days of strenuous la bor with a large force of men on the Walla Walla branch of the O. R. & N., the melting snow of yesterday filled up the streams again last night and washed out every vestige of the work of repairs which had been done. Nenr Havana, where the most seri ous damage was done In the first washout, all tho new grade wns wash ed away last night and It was Impos sible to run trains over the branch this morning. A work train under tho direction of General Superintendent M. J. Buckley has been engaged today In making re pairs wherever possible to prevent further damage, but the .damage to the track is almost as serious as at first. Water rushed down the canyons on College streets this afternoon and covered the stockyards and flooded NEW TREATY IS RAID Under Which the Japanese Government Will Refuse to Issue Passports to Coolies. SFPARATE INSTRUCTION HAS BEEN PROVIDED FOIL By the Agreement Between Major ScluulU unit Itoobevelt, Only a Half Boxen Jupuncse Children Being Admitted to Co-education The House Engages In a Scrap Over the Immigration Bill, Southerners Ob jecting tc Those Clauses Which Are Intended to Give the President More Extensive Powers. Washington, Feb. 19. It wa poffi clallv admitted by the state depait ment today that the United States government Is now negotiating a trea ty with Japan under which the Jap anese government will refuse to Issue passports to coolies desiring to come to the states. Separate Instruction for Majority. Washington, Feb. 19. A member of the San Francisco school board now In this city, Is authority for the statement that not mere than half a dozen Japanese will be admitted to the schorls under the agreement be tween Schmltz and the president. Others will be given separate Instruc tions tinder a proposed amended ichnol ordr which places an age limit and also excludes alien children who "shall be found deficient in the eUments of the English language." It has been pointed out that the proposed order, strictly' interpreted, would admit Chinese to the schools, but the board has no fear that any v. Ill apply, sb the Chinese, according to all accounts, are satisfied with the pves"iit oriental school. Iloue Serup Over Immigration Bill. Washington. Feb. 19. After the conference report was read. In the house Burrett made a point of order against the Japanese passport clause and the section requiring additional accommodations on steamers for im- j migrants, saying they embodied new legislation and nave thf president the whlp hand nnd allowed him to hold a big stick over the sovereign state. John Shnrpe Williams told the house that undoubtedly the conferes exceeded their power and cited au thorities to support his view. He said he stood with California on the school question, no matter where the Califor nia delegation stood. REQUISITION FOR PIERCE. President of Waters-Pierce Oil Co. in Great Remand. Fort Worth, Texas, Feb. 19. The governor of Texas has Issued a requi sition upon the Governor of Missouri for the person of H. Clay Pierce, pres ident of the Waters-Pierce Oil com pany, a criminal Indictment having been returned at Austin In connection with the renl mission of Pierce's com pany to the state. Pierce was scheduled to meet the Bailey Investigating committee of the Texas legislature In St. Louis this week and the requisition has resulted in calling off that engagement. 192 WARRANTS ISSUED. DoukholKirs Resist the Saskatchewan Read Tax. Yorkton, Saskatchewan, feh. 19. The authorities have Issued 192 war rants for Doukhobors who fought against the payment of the head tax. Women fought with men and retook the attached cattle from the collectors. Mounted police were cnlled to preserve order. ,r Bluff street. At the Thompson street croslng of the O. R. & N. water ran over the track all afternoon. Washington Line Damaged. The Washington division of the O. R. & N. wns also badly Injured Inst night and traffic wns seriously Inter fered with between Umatilla and Wallwula. A large force of men was rushed there last night to repair the damage, but It Is not known how long It will require to place the grade In condition for traffic. All along tho Walla Walla branch the water Is very high again ami the conditions nre so uncertain and threat ening that It Is Impossible to guess when trains will bo running. The train which was scheduled to lenve for Weston this morning was abandoned on account of the damage at Havana and no attempt will be mado to operate trains until the high water subsides. SMOOT DEFENDS HIMSELF. Makes His First Six-cell in Lulled States Senate. Washington, Feb. 19. Reed Smoot today In the only speech he ever made In the senate in defense of the right to his seat, said; "I solemnly aver that In every vote or action as United States senator, I have been and shall always bo gov erned by my convictions of what Is best for the whole people. I have never taken an oath or obligation, re ligious or otherwise, which conflicts with my duty as senator or citizen. I owe no allegiance to my church or other organization which In any way Interfere' with my supreme allegiance In civil affairs to my country, and an allegiance I freely, fully and frankly give." He said he Is not and never was a pnlygamlst, and declared any man who married a polygamous wife since the manifesto should be prosecuted. This, regardless of the man's posi tion or personality. He declared there Is nothing in the church oaths to suggest hostility to this or any other government, and continued, "Utah has played a full part In all the wars of this country, from the Mexican through the Philip pines insurrection. When McKlnley called upon Utah shi furnished her full quota and more." KILLED HER TWO CHILDREN. Mrs. Muddle Afterward Cut Her Owti Throat and Died. Connersville, Pa., Feb. 19. Mrs. John Muddle, aged 31, with a butcher knife this afternoon killed her two children, one a 9-month-old Infant, (he othr 2 years old and cut her own throat. Mrs. Muddle died this after noon. W.J.5ENELL IS SHERIFF TAYLOR ON HIS WAY TO SAN FRANCISCO. Sewell and n Friend Seen In Eureka Nearly ti Month Api Capture Ef fected After Sew ell Had Been at Large Four Months Stated That His Shortages With Lumber Com panies Will Reach Over $10,000. W. J. Sewell. defaulting manager of the Potlatch Lumber company, has ut last been captured and he Is now a prisoner In San Fruncisco. Word to that effect was roceived last night by Sheriff Taylor, nnd tomorrow morning that official will leave for California to secure his prisoner. While there Is always a possibility of error In the Identity of a man taken In a distant city, the sheriff feels certain the man In custody Is none other than Sewell. The capture of Sewell was effected by Sheriff Taylor after a long and patient search which commenced Im mediately after the lumberman's flight, several months ago. Owing to the fact that the fusltlve had nearly a week's Mart of the officers and was well supplied with money, the chase was a most difficult one. Three weeks ago Sheriff Taylor re ceived private Information that Sew ell and his friend Bill Edwards, who left here about the same time as Sew ell, had ben seen together in Eure ka, Cal. Later on he received a clue that Sewell was In Oakland, and ac cordingly the officers there arid In San Francisco were urged to keep a care ful lookout for the fugitive. Four Months 'Sonrcli. W. J. Sewell Is wanted here upon a charge of embezzlement preferred against him on the forenoon of Octo ber 23. At 'that time he was charged with having stolen $1293, but later It n discovered that the shortage was much larger. It is understood that the entire shortage with the Pot latch company Is In the neighborhood of $S0O0, while he is also short between $2000 and $3000 with the Cray's Har bor Commercial company, with which concern he was connected before the Potlatch company bought the local lumber business. Before leaving here Sewell had in timated that If ever captured he would try to kill himself. Consequently In all the Instructions sent out by Sher iff Taylor officers were cautioned of this fact and Instructed to at once search his person for poison. Whether or not Sewell will resist extradition is not known. Today Col one! J. H. Rnley left on the westbound train for San Francisco and the news of his departure started n theory that ho had been retained by Sewell to appear for him In the California courts In hopes of securing his free dom by habeas corpus proceedings. However, J. R. Raley declares that his father left upon another mission, and that hl trip to California has no con nection with the Sewell case A reward of $300 had been offered by the Potlntch Lumber company for the nriest of Sewell. and this amount will be paid should It prove that tho man under arrest is In reality tha missing manager. It is said that the Shetland Islands have but a single tree. CAPTURED MEMORABLE RALLY KNOTS PYTHIAS Annual Convention Attended by Large NumbeT of Visitors and Local Members. SEVERAL ADDRESSES GREAT MERIT AND INTEREST MADE. Discourses by Ruley, Morrow, Pierce, Hradsluiw, Cuke and StliiHon First and Third Rank Given In Regular Session Following the Speeches and Luncheon A Clam of Sixteen Took the Page Rank Damon Lodge No. 4 Claimed Victory at Team Work by Default, Competitors Not Appear ing. With the lodge hall filled with, local members of the order and vis'ting knights, the seventh annual convention of the Knights of Pythias lodges of this county was held here last night Like the preceding gatherings the meeting was an enthusiastic one, and the Interest shown again demonstrat ed the fact that Pendleton Is a Pythian stronghold of renown. Aside from the Umatilla county memrjers of the order some half dozen "patriarchs" of note were present from over the state and during the evening eloquent and witty addresses were delivered by several of the number. These were given during the open, meeting and were the feature of the convention. The session was called to order at 8 o'clock by James H. Owlnn, deputy grand chancellor for Pendleton, who presided during the program and in troduced the various speakers with apt remarks. In welcoming the visiting brethren J. R. Raley. past chancellor of Da mon lodge No. 4. in a neat address, recalled how. in ancient time a Gre cian colony that had settled among the barbarians of Italy, kept Itself se cure amid it degrading environments by meins of annual counsels at which the patriarchs of the colony Inspired the younger men with tales of Grecian history. He compared the annual dis trict conventions of the Knights of Pythias to the custom of that colony. Hon. R. G. Morrow of Portland, member of the finance committee, re sponded to the address or welcome. In a clever manner he endeavored to point out the particular "patriarchs" among the visitors and dwelt In detail upon the qualifications of Judge W. L. Bradshaw and W. M. Cake. Following Mr. Morrow, Walter M. Pierce was Introduced for the anni versary address and for a half hour the speaker held the close attention of his audience with an able and stirring address. In opening he recalled the time when he passed through the chairs of Damon lodge and when the fortunes of the lodge were at low tide. In a brief way he told of the things which led up to the origin of the or der during the last year of the civil war and paid a high tribute to Justus H. Rathbone, who wrote the original ritual. Also, he recalled the Grecian story upon which the ceremonies of the order nre based and declared that the story of the friendship of Damon nnd Pythlans was not legend but his tory. Following Mr. Pierce addresses were given by Messrs. Bradshaw and Cake, and proved very entertaining. Both are past grand chancellors and present supreme representatives of Oregon, and they are among the most zealous and Influential members in the state. L. R. Stlnson, grand keeper of rec ords and seal, was also called upon, but owing to the lateness of the hour spoke very briefly. At the conclusion of the program a 16-mlnute recess was declared, and during the Intermission a continuous lunch wns served In the banquet room. A regular session of Damon lodge No. 4 was then held, and work In the first nnd third ranks given. A class of 16 men took the page rank and one candidate was given the work In the rank of page by a team from the local lodge. A contest had been planned for the work in thnt rank, but other tennis falling to appear Damon No. 4 claimed the victory by default. During the general program early In the evening a musical number was given by an octet from the Commer cial association glee club, nnd an en core was tendered. Kal-er Denounced Socialists. Berlin, Feb. 11. The new rtr'c'urtair opened this morning with an address from the throne. The kaiser voiced his determi nation to strengthen Germany's arnuum'Pt and develop her col onli'P and promised social re forms nnd codification of the laws of lose majesty. He said he would respect tho constitu tion. He violently denounced the socialists.