East Oregonian : E.O. (Pendleton, OR) 1888-current, April 10, 1907, DAILY EVENING EDITION, Image 1

Historic Oregon Newspapers

East Oregonian : E.O., April 10, 1907, DAILY EVENING EDITION, Image 1

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Newspaper Page Textmir mty.fc. SUM r I DAILY EVENING EDITION SMLY EVENING EDITION WEATHER FORECAST. ! Fair tonight, heavy frost Thursday; .fair and warmer. Isn't it better to know things nbout prices than to guess, wonder and fret? Then It's worth while to read the ads. NO. 5947 ' PENDLETON, OP" IN, WEDNESDAY, APIUL 10, 1907. VOL. 20. " j ) FOUR KILLED 1 FOUR IN JIM T THE BUZZSMV Democratic National Commit tee Treasurer Ascertains That it is Running. WAI.I. STREET ACQflKES A XEW SET OK IMPRESSIONS Belmont Say the "Dig Slick" Stands for Patronage Selfishly and Vln dlrllvely Used ami Insists That tlic FnrtlKJ One In From Washington the More Terror It Inspired I'rcvaliiit Opinion at Washington In That Belmont Han Been Snub bed at White Horn. Washington, April 10 Perry Bel mont teuehed the burrsaw this morn ing to see if It Is still running. It Is. Mr. Belmont said In an authorized Interview: "In parti of the United States remote from the capital the Implosion prevails there is In Wash- ire n Intellectual giant command lug armies and navies, presiding over the administration of justice, giving advice to and reproving Judges, threatening and controlling railroads at d In his leisure moments becom ing arbiter of p.-ace and war, deter mining the destinies of nations. "In reality the 'big stick" Is an or dinary weapon, long used by every pretldent with any skill as a, politi cian. Never before has patronage, which Is the 'big stick been used so selfishly or applied more vindictive ly than at present. It Is necessary now f-r the people to get the true estimate of Hoosevelt, as measured at the capital by those In a position to see and Judge." It Is generally believed Belmont's prestations and demands nt the White House have been Ignored. FINED 818.000. New York Herald Printed Obscene Advertising. New York, April 10. James Gor don Bennett was fined $10,000 and W. M. Glllam, managing editor of the Herald. $1000, nnd the Herald corporation $5000 for printing ob scene advertising. It was assessed this morning following pleas of guil ty nnd was paid. Other Assassinations Planned. Mexico City, April 10. The funer al of Barillas occurred this afternoon the city is Btrongly stirred and many expressions are heard against the as sassination which resulted from a well-laid political plot. Other prom Inent. Central Americans are marked for assassination. Condition of Winter Wheat. Washington. .April 10. T.n condi tion of winter wheat is reported nt 89.9. THOMPSON" WAS DRUNK. Swede Impersonates Popular Bunker In tviirt But Falls Down. Harr Thompson, a Swede, but not the genial bookkeeper of the Savings hank, was one of a bunch of three In the police court this morn Ing. The prisoner was one who had been In the end of the docket before and at that time had claimed the mime of Pom son. This morning he responded to the name of Harry Thompson and the occurrence caus ed a smile of amusement to pass around the room. However, the ruse. If such It was, had no effect upon the hard heart of Judge Fits Gerald and Harry Thompson, "five days,' was written down upon the fatal hook. A J1C00 pipe organ has been In Mnlled In the Congregational church at RltKVllle, Wash. May Involve a Hearst Editor. Son Francisco, April 10. When the grand Jury meets this afternoon It will take up the charge that John Barrett, news- editor of the Examiner, gave $600 to Eddie Graney and James Coffroth with which to pay ballotbox staffers at the primaries of 1986, In order to give Hearst the organisation and control of the democratic machine. fill AND TRAFFIC WAR IS ON. Mlllmcn Begin a Fight on the South ern Pacific. War to the knife, and the knife to the hilt, fs the Immediate prospect between the Southern Pacific rail road and the lumber manufacturers of the Willamette valley and south ern Oregon, says the Oregon Daily Journal. The mlllmen say the pro posed Increase of the freight rate on green common lumber to San Fran cisco will bankrupt them, and the railroad freight officials declare in answer that the rate shall go Into effect regardless of results. Mlllmen ore aroused, and the word Is going down the line that a strong organization must be formed and the fight must be carried to the court of last resort If necessary to prevent ex termination of the lumbering indus- tiv between Sulem and Ashland. The small mills are at the present time eking a profit of 12 to 2.C0 per thousand feet on their product de livered at the railway station. The proposed increase of freight rates to San Francisco which is their only outlet amounts to $2. IS per thou sand, which would wipe out practi cally all of their profit. The territory affected has about 100 mills, and from 3000 to 5000 em ployes, all of which are staring ruin in the face bb a result oC the pro posed advance in rates, which the railroad officials say must go into ef fect April 18 to save the Southern Pacific company from losing money. PHILADELPHIA BANK FAILURE. Capitalized at $132,000, Liabilities Not Stated. Philadelphia, April It'. The Lin coln Savings Fund & Trust company closed Its doors this morning. Cap- ul, 1182,000; deposits, $300,000. E EVIDENCE, NOT BIBLICAL giOTATIONS AS AUTHORITY nvclghs Against Sentiment and Per- sonal Equations In Any Life and Death Matter Also Decries False Issues Which He Says the Defense's Attorneys I'rged Forward Sym pathy Due the Other Side. New York, April 10. Prosecutor Jerome began his address as follows: We have been wandering through the fields of romance for two days No matter how fine the orator, we must not be swayed by what we de sire, but must rememuer wnne me safety of the state and the safety of s nil demond. The important Issue f a man's life must not be deter mined by biblical quotations." He warned the Jurors that neither the personality of Thaw's pleaders nor himself is at Issue. Continuing, he said: "This Is no civil suit. It Is not a quarrel between White's ex ecutors and Thaw. It is not a trlol to determine whether White assault ed Evelyn Nnsblt. It Is the Issue be twesn the state of New York and Harry Thaw. It Is un issue to up hold the safety and rights of the state. We must deckle tne case up on the evidence. Upon the evidence isivrn, und upon the sanctity of your oath, you must render a verdict. 1 will endeavor to show that what the defendant did was Justifiable; that In vhat he did the defendant dls- iheyed. lhe low nr.d must answer to h'w for It. Let me direct your at tention to the elements entering In to the case. 'First, there is the Indictment by the grand Jury. This accusation by the grand Jury la Just what the law says: That a pre mediated' and un justifiable killing Is murder. A de sign to effect the death of another means Just what words say. 'A design may mean brooding over things for several weeks, or it may mean delibeiation only (or a mo ment. But it does mean taking time to reflect on un act." . Jerome said he would not go Into the law except as far as necessary. He then set forth possible verdicts: murder In the first degree with pre meditation and deliberation; second, with absence of premeditation and deliberation, or manslaughter; kill ing In the hent of pasBlon, without Intent to kill, or not guilty because insane or because Justified. "Justified." said Jerome, "does not mean "dementia Americana," but It means self-defense..", Jerome appealed to the Jurors not to allow sympathy to affect their vordlct. He took a slap at Delmas f.-.r Injecting a plea for sympathy und said, "Why should not your ROME BEGINS ARGUMENT (Continued on pact I.) (SSSSSBSSBBSSSSSBBSBBBSSSBSSS 0. ti. i I PASSENGER Till PLUNGED Fireman George McPartridge, Two Tramps and a Greek La borer Killed in a Wreck Near Cay use. High Water From the WHs Undermined the Track Engine- and Three Cars Wrecked Slow Speed of t he Train Prevented. Worse Disaster Engine Is Completely Wrecked and Is Now Lying Pnrtly In 1'matllla River Body of Fireman Not Ye t Found Mall Clerks and Engineer Had Narrow Escapes. ' c Four people met Instant death and four were severely injured In a wreck which occurred two miles east of Cayuee Btation on the O. B. & N. at 3:15 o'clock this morning, In which westbound passenger train No. 5 went Into the ditch In n washout. The dead are George McPartridge, fireman. Two tramps. Identified by letters upon their persons as Mervyn Thomp son and Mike Dunn, loggers. One Greek laborer, name unknown. The injured are: Engineer Fred G. Schilke, left leg broken and foot crushed. James P. Graham, mall clerk, arm broken. I.. W, lOreri.- mail clerk, head cut and Injured in the body. Unknown Chinaman, mouth crush ed and back broken. The injured were taken to St. Vin cent's hospital in Portland this fore noon by special train, Drs. Cole and A'lnrent accompanying them. A cor oner's inquest is being conducted ever the remains of the dead this af ternoon. The body tf Fireman Mc Partridge had not been recovered late this afternoon and it Is supposed to have been swept down the Uma tilla river or else It Is under the wrecked engine. Plunged Into Washout. The wreck occurred about three miles east of Cayuse station, near the old Indian cemetery and was caused by a portion of the grade being washed out or undermined, allowing the engine to plunge Into the soft dirt when the track gave away. The' engine turned completely around, and turned over, nnd is now lying against the bank, pilot pointed eastward, with the rear end of the boiler In the water of the U.Tnatllla river, the tank, which was detached, is also lying In the river, the mall baggage an express cars are bndly wrecked and the smoker Is standing nt right anrles to the track, with the front end crushed Into kindling wood. The engine Is a complete wreck, nil the pipe, domes nnd fitting be ing stripped from It and the ma chinery warped and bent In a terri ble munncr. The cars behind the smoker are not damaged nnd while the passen gers In the rear cars were badly shaken no one was seriously Injured In nnv of them. The Greek who met death when the crash came was ly ing with a companion In the front scat en the upper or rlsht hand sida of the smoking car and when that corner of the smoker wns torn off by s'trlklng the baggage car ahead, the Greek was crushed to death In the corner. The injured Chinaman and his companion were sitting on the opposite side of the smoker In the front seat nnd he was caught In the wreck of the front end of the car, It. It. Collins of Fieewater, was sit ting opposite the Greeks on the lower side of the car, but escaped without a scrntcii. He said he was certain that two Greeks were killed in the smash In that corner of the smoker, but the trainmen think but one wns killed. Passengers Were Frantic. When the crash came passengers I In the berths of the sleepers nnd in tho chali-B of the day conches became I grmtly alarmed at the possibility of fire breaking out, but by the able and efficient work of Conductor Coykendnll and Brakeman Shackle lord and Shull, who were In charge of the train, they were soon quieted and every one began the work of res cue. A number of people were . adly slinken up and received severe cuts nnd bruises ' but none exeept those named were seriously hurt. News Brought to Pendleton. The news of the wreck was brought tn this city by Pullman Conductor Allen of No. 5 and the section fore man at Cayuse, who came In on I handcar, arriving here about o'clock. A train was hurriedly made T up In the yards here and Drs. Cole and Vincent, Foreman F. F. Hounds, W. A. Storle and a crew of wreckers were taken to the scene of the wreck In charge of Yardraaster Steve Leonard and crew. The passengers nnd Injured were transferred Into the cars taken from here and were brought back to the city, arriving here about 9 o'clock. The' first reports of the wreck were to the effect that a large number of passengers had been killed and soon the O. K. A N. depot was swarming with curious and anxious. ' people. No. 6 the eastbound train arrived here, at 6 o'clock nnd was held here until noon when the passengvrs were transferred around the wrevk nnd the passengers on No. 1 were brought to this city and sent on to Portland. I-nginccr Schllkc's Story. Engineer Fred Schilke who was in harge of the wrecked engine, was nhurt except for having his left leg broken and his foot crushed, and told graphic story of the wreck to the East Oregonlan on his arrival here on the relief train. Wo were running about 16 or 18 miles per hour and I was Just be ginning' tc use steam after swinging hrough the low flats west of Thorn Hollow," said Mr. Schilke. "I felt the front end of the engine lurch and sink Sown and then I remembered othlng more until I found myself lldlng down the embankment to ward the Umatilla river. I do not know how I escaped from the cab. ut suppose that the lurch thrtw me out of the window. I have no Idea to what caught my foot and leg, for 1 was dazed and did not know how I fell." The last I saw of my fireman he was sitting on his side of the cnb, af ter putting in a few shovels of coal. I'lie washout was on a curve and I ould not see It and noticed nothing wrong with the track. The sudden lurch of the front end of the engine wns my first warning." Mr. Schilke is one of the oldest men in the service on the Mountain division and is a careful and sue- essful englnemun. Fireman Mc Partridge was 28 years of age, un married and had been on the La Grande division but a short time. Four members of the La Grande lodge of the Brotherhood of Locomo tive firemen came over today cn No. to search for his remains to take to La Grande for burial. Ccrductor Frank L. Coykendall of this city, who was In charge of the train, was unhurt and did heroic work In rescuing the Injured and keeping order among the excited passengers. Brakeman pean Shull suffered a slight injury to a finger md Brnkemun Mark Shackleford was uninjured. Narrow escapes were made hy Mall Clerks Graham and Oren who were both lnjuied. The mnil car was badly smashed nnd their escape with their lives is miraculous. The place where the wreck occur red was onee a culvert but was filled In some years ago and the heavy rilns on the hills caused the surplus witer to gather there, undermining lhe fill nnd leaving the rallr unsup ported. Had the train been running at a high rate of speed the result Would havi been terrible. The slow speed at which the train wns mov ing served to reduce the severity cf the shock and saved the passengers from more serious consequences. Mull Clerks Known nore. James P. Graham and Lewis W. Oren, the two Injured mnll clerks, are both w-ell known here, as they have been running on the O. R. & N. for some time. Grnjiom formerly ran from here to La Grande and has been a student In the University of Oregon medical college. He has been here frequently. L. W. Oren, the most seriously la Jured of the clerks, Is also a resident of Portland, where he has a wife and several children. He Is a former stu- T l fill dent of the Oregon Agricultural college and his pnrents live nt Corvallis. Many False Alarms. All during the early morning today various wild stories were In circula tion itgardlng the number killed In the wreck and there was much anx iety until the real facts became known. As the train crew was composed most ly of Pendleton men, it was feared local men were among the dead, and the first reports placed Conductor Coykendall and Brakemen Roesch and Shull among the dead or Injured. However, the conductor was not hurt nor was Dean Shull, one of the brake- men, while William RoeBch, the other regular brakeman, was off duty last night and was at his home on Lewis street when the wreck occurred. News Came Slowly. No news of the terrible wreck reached here until about two hours after the trouble occurred. No. S was marked to reach here between 4 and 6 o'clock and many passengers were waiting at the depot. As the time rolled on and the train did not arrive, though It had been reported as having passed Bingham two hours before, trouble was suspected. A few minutes later the handcar party ar rived with the news of the disaster and the word "Wrecked" was written on the blackboard In the waiting room. Passengers Fared Well. That the shock felt by the passen gers in the sleeping cars was not reallv hard is declared by J. McLeland, who with his wife was occupying a herth in the next to the last car in the train. Mr. and Mrs. McLeland were bound from Caldwell to Spokane and shortly before the wreck naa been awakened by the porter as they (Continued on page 8.) PUBLIC LANDS DID HERMANN GET THEM WITHIN THE STATUTES? fioYcrninent Insists That He Took ' Advantage of Knowledge Acquired In nn Official Capacity to "Tip OfT Ills Son and Friends Besides Us ing It to Help Himself to the Do main. Washlngton. April 10. The cross, nvnminiitlnn of Blnger Hermann be gan at 4:30 yesterday afternoon. The district attorney began by asking Hermann if any of his relatives made mil lie land entries while he was com mlssloner. He did not recollect any such ense, but finally admitted that his son, Schiller, made a homestead ..ntrv in Oregon though he never ob tained title. He brought 4 SO acres of Oregon land from his on at a time when Schiller was financially dis tressed. His son had acquired the land from three settlers and patent was issued in Schiller's name. . The district attorney offered in evidence several patents showing ih.it Hermann, as commissioner, did issue three land patents to his son saying the patents contradicted the witness nnd made out his testimony untrue, and that sucn issuance wo In violation of the law lorDiauing relatives being given any advantages accruing from special Knowieage held by officials of any department. Hermann became very much mix ed In his testimony regarding his cor respondence with Mays in regard to forest matters, first denying all sucn correspondence and later admitting he had letters and telegrams from him nnd he replied thereto. Pressed to explain his telegram to Mays, Hermann floundered consider ably, but did not explain. He did not know that Mays wns interested in tne reserve at the time he telegraphed him. He admitted Mnys was the only person In Oregon whom he notified ibout the creation of the reserve. Hermann said he was removed from the Roseburg land office for political reasons, but before his re moval he had acquired several thou sand acres of government land. He did not know he wns violating the law In acquiring public land while he was receiver of the land office. He denied that he was removed be cause of acquiring this land In viola tion of the law. Some of this land was acquired by cash entry, othet by scrip. Receipts produced showed that the purrhases were made to "B. Her mann," and were certified to by "Binger Hermann," receiver. Her mann wns shown to have acquired more than 80,000 acres by scrip lo cations at an average cost of 60 cents per acre. A telegram from Hermann to F. P. Mays, dated July 25, 1902, was read tn show that Hermann tipped off Mnys about the creation of the Straw berry Mountain forest reserve. ACQUIRED MUCH 0 SIX INDICTED . FOR GAMBLING Informations Filed as Result of Disclosures During the Matlock-Sheuerman Case. $ ALL DEFENDANTS WELL KNOWN IN PENDLETON. Two Indictments Against Each of Two of the Defendants W. F. Matlock, Lester Swaggart and Jacob Sheu erman Were the Principal Wit nesses Mr. Sheuerman Pleads as Justification the Belief That the Game Was "Put Up" on Him Tes timony Is Concluded. Nine Indictments for gambling were filed today by District Attorney Phelps as a result of disclosures made during the Matlock-Sheuerman case on trial yesterday afternoon, and this morning. Those accused of shuffling with the cards with mercenary mo tives are Jacob Sheuerman, Lester Swaggart, George Perlnger," Will Wells, John Endlcott "and Sam Mil ler. Against Sheuerman, Swaggart and Endicott two Indictments each were filed. At the beginning of the famous trial... yesterday, . DVtrlct Attorney PhelDS was an Interested spectator and he followed the case with interest as It promised Important developments from a prosecuting attorney s siana polnt. He was rewarded by heating testimony which In his Judgment In volves all of the men Indicted. During the afternoon yesterday W. F. Matlock, plaintiff in the cose against sheuerman was examined at length and for an hour or more mere was a wordy match between the wit ness and D. W. Bailey, who cross examined him. Following Mr. Mat lock, George Hartmon, Jr., assistant cashier of the First National bank, was called and told of the payment being stopped on the check. Lester Swaggart was the next wit ness, and when the defense began its inning the same three witnesses were recalled. While on the stand Swaggart admit ted with reluctance that the other men named above had taken part in the big game and that Sheuerman, En dlcott and himself had played In Sam Miller's rooms over the State saloon, as well bb at the hotel. In view of this two indictments were returned against the three men and one for Sam Miller. While on the stand In his own de fense Mr. Sheuerman claimed he had been told by several people that the other men In the game had conspir ed agoinst him and for that reason he had stopped payment on the check. He failed to recall the name of the first man who had so Informed him. -but mentioned Tom Johnson as hav ing done so. The testimony in the case was con cluded shortly before 11 o'clock to day, and Colonel Raley finished his argument for the plaintiff before noon. . Timber Land 20 rcr Acre. W. A. Storev sold 1000 acres of Polk county timber land yesterday to local milling Interests for about tzu an acre, savs the Oregon Pally Journal. The tract will cruise over 7,000,000 feet to the quarter section, but owing to Its comparative inaccessibility was sold for but n fraction of Its stumpage value. Mr. Storey has three other large timber deals on hand, whl;h he hopes to bring to a close within i short time. Wants Indlnn Costumes. The recent criticism offered by the admen's league of Portland against the Indlnn costume fenture of the Or egon Girls' Drill company that Is to go to the Jamestown exposition, rep resenting Oregon, has called forth a very sharp-toned open letter from Mayor Mncy of this city, where the movement originated, says a McMlnn vllle letter. Wins an Important Ruling. Chicago. April 10. Federal Judge Lnndls this morning made a ruling that Is a practical vic tory for the Standard. He de cided In the rebate case growing out of shipments from Whiting. Ind.. to East St. Louis that the government must prove wilful Intent to violate the low. The government admits this will be difficult. V