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About Weekly Oregon statesman. (Salem, Or.) 1900-1924 | View Entire Issue (July 14, 1905)
u iuj , r,yi ,' r . S J TUESDAY AIID FRIDAY U-o TUESDAY D fCi TITTY-FIFTH TEAS NO. 91. SALEM, OSSOOIT, FRIDAY-MORNING JULY 14, 1905. SECOND EECTIOJi SIX PAGZ3. MM Ml ni: --Cs i - i i i J L l ' PAYS PENALTY WITH HIS LIFE UNFLINCHINGLY, GEO. W. LAUTH MEETS DEATH ON THE GALLOWS. MAINTAINS HIS SELF-CONTROL . And Mounts Scaffold With, a Smile of Resignation Upon His Placid Countenance. Not the Slightest mtcn or Delay in the Ceremony and Condemned Murderer's Life Is Snuffed Out in Clockwork Order Nothing to Sayon Scaffold. Smilingly and apparently the most uneoneerned and composed: indivual in the f vath chamber, Oeorge W. Laath unfalteringly' mounted the stairway leading to the scaffold at the peniten tiary, a few moments after the hour f xed for his execution, yesterday, and met tlj fate which had been meted out to him for the crime he had committed against humanity and society without a word of fault finding or excuse. The fdeasant smile which he wore when Ire entered the institution, rtven months ago was the predominating feature of his pleasant countenance as be left, the death cell and it did not wear off until 4U, trap was sprung, at least until tne black cap was stretched over his head. No sooner did he reach the platform of the scaffold than h'3 stepped bravely and unhesitatingly upon the drop and, two minutes af C.yward ,at precisely 12:33 o'clock, p. m., tne trap was sprung a no tne con d'-mncd man was plunged into the depths of eternity. . Thirteen minutes later life was pronounced extinct and iB body was lowered to be buri?d in lice Mission cemetery. Personally Liked. Ever since his incarceration in the penitentiary, seven months ago, Lautb nag conducted himJJf as a perfect gen tleman, always wearing a smile and re serving a pleasant word of salutation for everybody, until all who had occa sion to come in contact with him had formed a personal interest and liking in him. Consequently, when he mounted ti scaffold with the same look of cheerfulness and resignation so plainly marked upon his placid countenance there were few of the meager twenty souls who had assembled to witness the execution but turned tneir heads when the critical morrfbht arrived. Jwr time was lost, Lauth having prc rfonsr declined to make any statement npon the scaffold, and within the abort space of two minutes after the arrival of the death party upon the gallows, the straps, hoods and noorf were prop erly adjusted, the trap sprung and the form of the late Oeorge W. Lauth hung limp and practically lifeless at the end of a ropW, six feet and three inches in length. Thirteen minutes later Super intendent Calbreath and Dr. L. F. Grif fith of the insane asylum, pronounced life .yttinet, and all was over. Confesses Religion. Soon after his arrival at the peniten 1 tiary, seven months ago, Lauth confes sed religion and has conducted himself ever since in a mo2-J manner, lie has held almost daily communion and pray er with the prison chaplain, Rev. St. Pierre, and tnegreatcr portion of the day previous to and the entitre morn ing befo his execution he spent with him in seeking spiritual solace.. He said that he was prepared'to die and lookeirth part as he. ascended the steps to the scaffold and took his place upon tkj trap. The ominous and austere silence which pervaded the atmosphere of the death chamber immediately pre ceding and after the arrival of -the -death party, until thk springing of the trap, was only disturbed by the repeti tion of a prayer by the condemned man, after Rev. St. Pierre, and the conclud ing word of "Unto Thy hands, O Lord, 1 commend my Spirit," and- ft slight guttural sound as the noose was adjust ed, wlon there was a jerk, a thump and a sickening twang and all was over, the penalty was paid and the ends of justice had been fully met. History of the Crime. Geargc W. Lautn, daring s fit of jeal ou rage because ah had thrown him over for another , and refused to bare aught mor to do with him,' called at the parental home of Leonora B. Jones, in Oregon City, late last September, and, after a futile effort. to induce her to reconsider her action, shot her ery eral times with revolver, inflicting ' wound from which she died a few min utes afterward. He surrendered to toe officials of Clackamas county, and was tried and convicted of the murder on November 10, 1904. An appeal was taken to the supreme court, was affirm ed and Lauth was sentenced, on June 7, 1905, to be hanged for bis crimeat the penitentiary Wsterday. The governor was appealed to for a commutation of his sentence to: life im prisonment, but while he declined to in terfe?, with he carrying out of the death sentence, the governor confessed to an unusual interest in the case and profound sympathy for the condemned man on account of the unsavory reputa tion of the victim and tnw other circum stances of the case which appeared to justify the deted to a certain extent. And were it not for the governor's fre quently expressed lack of sympathy for a man who would assault a defenseless woman in any manner or form, no. mat ter what the nature of the provocation, it is believVl he. would have listened to the appeal for clemency and granted the petition. . ..;'' " ' ' - Sympathy for Him. " The circumstances which surrounded the life of Lautn and the nature of the things which led up to lbs commission of the crime was regarded by many who hare made a study of the ease, to have excused its commission to a certain de gree, and thef is none who has heard the story who has failed to express gen uine sympatny ior tne unfortunate vie tim of circumstances. Lauth had al ways led an honest and upright lifa un til, several years ago he suffered an ac cident in a Washington sawmill by whieh he lost the right , leg below the knee. v Previous to that h4 also suffer ed tne loss of tne left eye. These to gether had a tendency to incapacitate him for hard labor, which had bean his means of livelihood' and he gradually arutea into tne easier life, that of the gambler.,; He had accumulated a considerable amount of 'money from the cigar store Dusimss when be met and: became enam onred of the Jones woman, who trae- ticed her wiles upon him and who was credited with being blessed of an unus ually beautiiul face and figure and ex ceedingly winning ways. Lauth finally cXveloped sueh an infatuation for the woman that, he lavished all his money and sacrificed his business for her. the last of it being expended in sending her npon a pleasure trip to California. It was npon her return from this trip, the mony all gone, that Lauth went to the depot to meet and greet her, when to his extreme chagrin 3 .she scorned him and ehoso the company of another. Lauth resented this s?ception upon her part and finally worked himself up into a statecof jealous frenzy and the mur der of the girl he loved and had lost, was the result. i He Regretted His Deed, ' ' f Lauth nad never conversed unon the deed except that he had expresseTHbe deepest sorrow for what he had done, but he took the matter philosophically and, with a sigh and a sad, but pleasant smile, would remark : that what was done could not be undone and he was ready and willing to suffer the conse quences, lie also matra tne remark, when asked if be wanted his sentence of death commuted to one of life im prisonment, that he would rather suffer tba death penalty and have it over with than to spend his life behind prison bars. He was courteous and gentle manly and at all tiroes had a pleasant word and smile for all who addressed him. He bad none of the qualities which one would expijpt to find in the criminal and never caused the prison officials the least 'trouble; in fact, con trary to the usual custpm, a death watch was not placed over him until the week tlefor4 the day set for the ex 'cyution. lie was possessed of all the gentler and delicate sensibilities t mankind and could (talk intelligently and calmly upon tMa circumstances con nected with his crime, until the mem ory of his aged mother was recalled to him when he would invariably break down and weep and would talk no more. FORANALLIENCE GERMANY AND fcWEDEN SAID TO ! CONTEMPLATE 'A COMBINA- , TION OF INTERESTS. Associated Press Has It on Good Au ' thority That the Two Governments ! Will Ally Themselves Together for ; Purpose of Offence and Defence. STOCKHOLM, July 13. The As sociated Press is able to state on good authority that a German-Swedish alli ance is seriously contemplated. The question, it is said, was discussed at ft conference between i Emperor William and King Oscar on board the imperial yacht Hotensollern at Oefle today. : Besides Emperor William's personal visit, Germany is soon to make the greatest, naval demonstration in its fcistory in Swedish waters. On July 20th, six battleships will arrive at Got tenburg and eight cruisers st Uddev alia, while on August 3rd seven battle hips, ten cruisers, . and the torpedo squadron are lu at Stockholm and N'orrkoeping and five battleships at Karlskrona, LARGEST LODGE IN AMERICA. Portland Pythians Contemplate Consol i idatlon of Their Six Divi i sions. I PORTLAND, July 13. With a mem bership of from 1,200 to ' 1,500 in a consolidated lodge, Portland Knights of Pythias plan, the largest single or ganization in the world. The lodges to rorabine are: Ivanhoe, No. 10; Oregon, fNo. 1; Orpheus, No. 59; Portland, No. t8; Thalanx, No. 14, and Calanthe, No. 21. Plans have already been drawn for. a new temple to cost $50,000, at Eleventh and Alder streets, the site having" already bee a purchased. Two of the lodges have voted for the con solidation, another will pass on the mat ter tonight,, and the others will take Iction soon. Consolidation is epectd to be effected within a short time. This tnmnbershin will place the Portland lodze in a membership class ahead of any in unicago or ew 101. ! : DR. PEARSON DEAD. Central Figuxe in Famous Heresy Trial I Passes Away In London. QUINCY, III., July 13. Rev. Dr. Charles L. Pearson, pastor of the Uni tarian church, of. Quincy, is dead in London, where Hi was visiting lfi daughter." He1 was twenty-seven years professor of literature in Northwestern ITniv.vsity; and was the central figure of a famous heresy trial in the Metho dist church, after which he afliliatpd with the Unitarian. He was author of several volumes of poems,, and also of theological works, notably The Carpnfsr Prophet." Dr. Pearson was born in England sixty years ago. j J A GUARANTEED CURE FOR PILES Itehing, Blind,. Bleeding or iToirui- rng Piles. Druggists refnna money PAZO OINTMENT fails to eure any ease, no matter of how long standing, ! tt 14 dAva. First application gives ease and rest. 50 cents., If your drug gist hasn't it send 50 cents in wbf and it will be forwardel postpaid pj Pari Medicine Co, St. Louis, Mo. , BLOODY DEED OF A MANIAC FRENZIED BY MELANCHOLY, MAN MURDERS ENTIRE FAMILY. THEN DESTROYS HIS OWN LITE. Almost Severs Heads of Wife and the ' Three Months Old Baby 0 From Bodies. Wields ft Razor with Murderous Effect Because He Thought His Wife Was Not Assisting Him to Save Money as She Should Gay No Warning. SPOKANE, July 13. Frenzied bv melancholy and continued ( brooding over alleged injuries, Charles IL Davis tonight slew his wife, his tbsc-montbs old baby and committed suicide in the house near the side of the city. With out a moment's warning or uttering a cry, the wife and baby had their heads nearly sev?,red from their bodies by a razor in the hands of the husband and father.'. Davis then made three gas'a- 58 in snis own throat and fell welterng in a pool of his blood. In the brief space of five minutes tUjj entire family was blotted out.: .The tragedy occurred so quickly and thoroughly (he nearby neighbors heard not a sound. Mrs. Payne, across the street , from the Davis dwelling, saw Mrs. Davis suddenly pitch forward from hc-r chair in tne front room of her house. This started an investigation. The position of the bodies indicates that Davis approached his wife from the rear and, seizing her by the hair, swiftly drew , the ' razor across her throat. .He madfc, two strokes and the head was almost severed from the body. He then went into the bedroom where the baby was sleeping, cut its throat and carried the body into thb, front room, where he placed it beside its mother. He then returned to the kitch en, where he kilB.1 himself. Davis was morld and melancholy. He complained be was not given the help ' in the saving of his money his wife should give him. ALICE NOT TO VISIT AUSTRALIA. President Declines Invitation Extended to His Daughter by Commonwealth r Government. MELBOURNE, July 13. President Boorfwelt has declined the invitation extended by the Commonwealtn Gov: ernment to Miss Alice, Roosevelt to vis it Australia with Secretary Taft and the members of the family, 'which was aecompanir-.d by. the assurance that the party would be -cordially welcomed by all classes. ' LIQUOR LAW MUST BE ENFORCED Attorney General Moody, in His Opin-- ion, Says Citizenship Does Not Count. i. OLYMPI A, Wash., July 13. C. J V. Larrabee, acting commissioner of In dian affairs, has issued orders to all Indian agents to enforce the laws against the sale of liquor to Indians, and Charles M. Buchanan, superintend ent of the Tupapil agency, has written to the attorney general of this state asking advice how to proceed. The at torney general replied telling the su perintendent to bring . his evidence to the attention of the prosecuting attor ney of the county. "If you. have a good ease, ample proof and the prose entincr attorney refuses the warrant. yon may communicate with this office," writes the attorney general. - As has been generally published, the federal courts have decided that, the United States statutes prohibiting the sale of liquor to Indians do not apply in eases of Indians who have given al lotments, f Superintendent Buchanan inclosed to, the attorney general an ex tract from a eircailar letter of instruc tion to agents stnt out from the In dian bureau, reading: ' As the allotted Indians are now de clared to be citizens ia the full meaning of the term, and are Subject to the laws of the" state in which they reside, and seem to be anxious to enjoy all the rights and privileges of citizenship, you will see that they endure the penalties of the laws as well, and that the sta tutes prohibiting the sale of liquors tc Indians is enforced." : WELL KNOWN IN THIS CITY. Dr. John Welch, Pioneer Dentist to Oregon, Dies at His Home in Portland. (From Tnursday's Dady). 1 Dr. John, Welch, "bo died at his home, SO East Sixteenth street, North, at Portland Tuesday :afternoon," after an . illness of several months, was well known in this city. Dr. Welch wa? a native of Mistral Point, Wis., and came to California in 1850, with his father. A few years later he returned east to complete his education, and after studying in the academy at Rock Island, 111., took up the stody of den tistry at Lyons, la. In 1857 he was married to , Miss Elizabeth Clements, and in 1S63 moved to Oregon City. li 1870 he moved to Portland. Dr. Welch served on the state board : of dental examiners and on the fire commission andJ was well and favorably known throughout the state, j He was a mem ber of the I. O. O. F., which . order will be represented at bis funeral -to morrow at 11 o'clock. y ; Dr. Welch leaves a, wife and the fol lowing children: Dr. William Ed war weleb, Pittsburg, -ivan.; xr. jonn -Welch. Mrs. E. E. Caywood, Henry. Catherine, Reuben, Annie and Benja min, Portland. He also leaves a broth er, W. M-i Welch, of Saverton. STAYTON STORIES. 8TAYT0N, !r Jul 12. Mrfit FjWier and little son are visiting relatives in the Waldo nuts country. .. Miss Edna Robertson, who has been in ValeJ the past few months, is at home again. " .,., 'Mr, and Mrs. Jackson, , late from Michigan, arrived in btayton Tuesday and have taken up, their residence in the home recently purchased from B. tV-woriey.-i The little son of Mr. and Mrs. H. Wirth, who was badly burned on July . 1 ; - 1 r tf mm improving, iiuwij. Start on 's rural mail carrier. Arthur Elder, was married Sunday to Miss Bern ice Neal of Ale, - They will make Stayton their ' home. - Quite a number from here are plan ning to go to Newport Sunday on the excursion. , South Salem's baseball team eame up Sunday and erossed bats with the stayton boys, and were defeated by a score ol 19 to f. Saturday was the warmest day on record in Stayton, thermometers over town ranging. from 104 to 108 degrees. Jake Missler and Bud Davis have joined hands with the enterprising cit izens and each are erecting ft new resi dence on 'their lots. Mrs. Kelly of Albany and Mr. Dick Miller of eastern Oregon, mother and unele of Mrs. Queener, were guests at her home this1 week. - ASKS COURT TO RATIFY HIS ACTS As Executor of His Father's Estate He Sold Thoroughbred Horses to Himself. NEW-YORK, July 13. Harry Payne Whitney, as executor of the will of his father, William C. Whitney, has taken proceedings in the supreme court to have his acts as executor ratified. Some question has been raised as to the propriety of the purchase" by Harry Payne Whitney of horses belonging to the stable of his father last spring for about $300,000. The sale was at auc tion. The son selected the pick of the stable, selling as executor to himself individually several of the horses by an agreement with his brother, Payne Whitney, who is entitled to share in the residuary estate. He says the sale was made openly, thats the prices were fair and reasonable, and the total re alized more than would have been pth erwise paid. lie says he is willing, if it shall appear just to restore tne horses to the estate and to have a re sale of them. "I owe my while life to Burdock Blood Bitters. Scrofulous sores eov ered my body. -I seemed beyond cure B. B. B. has made me a perfectly well woman. " - Airs (jnanes iiuiton, tier ville, Mich. BILL IS KILLED UNLESS BY v PRESIDENTIAL DE CREE THERE WILL BE NO AM NESTY IN FRANCE. Members of Parliament Upon Eve of Adjournment for. Summer Recess, Get Into Wrangle and Measure Is With drawn Minister Defends Predecessor PARIS, July 13.-i- Parliament ad journed for the summer recess, tonight after an exeiting scene in the chamber of deputies over the clause in the am nesty biu, passed by the senate wed nesday, reinstating those convicted of drawing up "secret reports concerning the conduct of army , officers, during which M. Lasses (anti-Semite) violent ly attacked General Andre, the for mer minister of war, calling him a "reptile." i M. Berteaux, minister of war, vig orously defended his predecessor and stated he declined to continue to sup port the government's amnesty bill in ronsequenee of the charges maie. The minister then left the chamber. M. Berteaux 's action aroused such confusion that the sitting was sus pended and at an impromptu minister ial council decided to withdraw the bill. On resumption of the sitting Pre mier Rouvier announced the proroga tion of the chamber, thus annulling the tmnesty bill. In order, however, not to disappoint the public on the occa sion of the national holiday, tt has been arranged that amnesties be grant ed by presidential decree. There is some gossip in the lobbies tonight re garding the probable. resignation of M. Berteaux, but it is thought such resig nation, is unlikely.. FIRE NOW BEYOND CONTROL. Ranchers, Exhausted, Send Urgent Call to San Jose for Immediate Assistance. SAN JOSE, July 13. An urgent call for help etrnics today from the Mount Hamilton section, the fire east of that noun tain having broken out again with :ncreased fury.' The fighters . are ex hausted and a rancher rode to the Lick Observatory from the scene this after noon and asked them to telephone this ity for assistance. Danger to the ob servatory bas long been past, but many ancbes, hitherto believed to be safe 'rom the flames, now seem doomed. Gonzales, Crow, Hayes and several other ranches were burned over and at 'treses t' the fire is having its own way ts the exhausted ranchers are help less.' ;-r - ' t . - ELKS ELECT THEIR OFFICIALS. BUFFALO, Joly IL The following rrand lodge effieers , were elected at '.be annual reunion of the Benevolent and Protective. Order of Elks today: rrand exalted ruler, Robert W. Brown, Louisville, Ky; grand esteemed lead Tng knight, C. F. ToraliBson', Winston, V. V; grand esteemed loyal knight, Charles W. Kaufman, Hoboken. N. J ; -rand esteemed lecturing knight, Ed ward McLaughlin, Boston; grand secre tary, Fred t Robinson.! Dubuqae. Ia -rrand treasurer, John" T. Kener. ChaP leroi, Pa; grand tyler, W. W. McClell md, Pittsburg; grand trustees, John D. O'Shea, Lvnn. Mass- Dr. W. Have- Iliad, Butte, Moat, VERDICT IS A COMPROMISE JURY IN CHARLES MONTE CASS RETURNS ITS FINDING. MURDER . IN SECOND DEGREE. Long Struggle and Sixteen .Ballots Tax- en Before Jurymen Reach. Decision. Four Jurors Hold Out Against Murder In First j Degree Instructions of Court Said to Be Responsible for Verdict To Be Sentenced Saturday. (From Thursday's Daily.) "We, the jury in the, above entitled cause, Una the defendant, Charles Monte, guilty of murder in the second degree," j Such was: the verdict returned into the circuit court at 9:45 o'clock last evening by the jury before which was tried the case of the state of Oregon vs. Charles : Monte, who was accused of being one of the parties who fur nished the guns to Tracy and Merrill with which the . desperate convicts killed Guard Frank Ferrell while mak ing their escape from the Oregon peni tentiary on the rooming of June 9, 1902. The jurors had been locked up since the noon hour of yesterday and it required sixteen ballots before, a verdict could be reached. Upon belnir advised that the jury had agreed on a verdict, Judge Burnett ordered Sheriff Culver to bring the defendant into court. Monte, who had occupied the woman's cell ia the county jail during tne afternoon and evening, showed that be was deeply affected by the uncer tain moment as he walked up the aisle in the court room and took his seat in front of the bar. When the verdict was read he simply bowed his head and was led from the court room by Sheriff ;ulver, Guard Charlton of the penitentiary and Bailiff Hickman. He was taken to the sheriff's office and handcuffed and later returned to his eell at the penitentiary. Monte's Threat. wnue waiting tor the street car Monte turned to Sheriff Culver and said: "How would you like to ttfy me for something I had really donef you may have that chance in the fu ture." This remark is supposed to have been an intimation that Monte would take the life of Convict Morris, who testified against him, if he should ever una the opportunity. . . As near as could be 'ascertained the twelve jurors from the start agreed that Monte was guilty, but held dif ferent opinions as to the degree of the crime. It is said that at one time eight of the twelve men voted for murder in the first degree, while four positively refused to entertain sueh. a verdict. On the sixteenth ballot, how ever, the matter was compromised and a second degree verdict agreed upon. It was intimated by some oftbe jurors that under the instructions given by Judge Burnett they finally agreed that a verdict for murder in the second de gree was the best they could find. Sentence will be pronounced upon the convicted man Saturday morning. at 9 o'elock. Continues Argument. When the (Circuit court convened vesterdav morninc Attornnv If. .f. j r m . j - -. Bigger continued the argument before the jury, on the part of the defense, in the case of the State of Oregon vs. Charles Monte, which had been opened on the previous afternoon by his eol- icsgue, iion." i'. Ji. U'Arey. Jle was followed by District A ttornev J. H. MeXary, who closed the argument for tne state, after which the jury re ceived fe court's instructions and at the noon hour retired to the jury room ior oeii Deration. Mr, Bigger made an earnest plea for his client and present ed the'easej from i point of view most favorable to the accused man. The district attorney again reviewed the testimony offered by the state's wit nesses, which he held would justify a verdict favorable to the prosecution. The instructions given -the iurv bv Jddge Burnett covered the usual points upon which juries are enlightened in snch cases and were to the effect that if the evidence introduced duriwjr the trial warranted the jury might return a verdict of murder in the first de gree, murder in the seeond, or man slaughter. The jurors retired for de liberation without lteing permitted to eat dinner land were kept 'locked up until 6 o'clock, when the court in structed Bailiff Cans to take .the twelve rnon out for their evening mesl. At 7 p. m. the jury was again locked up and at 0:15 the foreman informed the bailiff that a verdict had been agreed upon. ' Wright's Trial Begins. At 1 o'clock the case against Harry Wright, who was jointly indicted with Charles Monte, was called for trial and the entire afternoon and a portion of the evening was consumed 'in selecting jury, from the seventeen men on the regular panel fivV were selected and the sheriff was instructed to .draw ten special j jurors from the body of the county... Later, five more were drawn and when Judge Burnett adjourned court at 8 p. m. eleven men bad been fouad - who! were qualified to serve in the case. The sheriff was ordered to summon tea additional jurors to appear in court at 9 o'elock this morning when the twelfth man will be chosen. The elevenj men were placed in charge of. Bailiff Denny, wbo was instructed to keep them together during the night. jne jarr ecejK.e'i are as iouowi; ' j List of "Jurors. L. W. ffonditrABmsvilte, farmer; L. Ames, Silvierton, merchant; C- A. Dun agaa,' Seotts Mills, farmer; Albert Ol son. South Rilverton, fsrmer; Joseph J. Buehheit. Mt. AngcL laborer: Julius Voget, Salem, lumberman; Henry Rad eiiff, Salem, real estate agent; D. P. June, Salem, capitalist; Hugh Jory, baJem, , farmer; Alonzo Gesnerf Salem, surveyor; A.- C Smith, Salem, real es tate agent. - ; During the afternoon session of the court Judge Burnett rendered a dec! sion in the case of the State of Oregon vs. D. Clinton, overruling the defend ant's demurrer te the information filed against him by the district attorney. Clinton is charged with malicious mis chief,, the specific accusation being that he mutilated a maple shade tree in front of the D. J. Fry property on North Commercial street, while string ing telephone wires. . DEFENDANTS FILE DEMURRERS. Attorneys f or Xelliher and Turner At tack Indictments Returned by Grand Jury. A. T. Kelliher and IL II. Turner, who w?xe indicted by the grand jury at the April term of thts circuit court on" a charge of forgery in connection with the state land frauds investigation, yesterday morning filed deraurrvrs to the indictments and by request of the attorneys in the case, argument on the demurrer was postponed until October 2. jesterday morning was the time rf?t by Judge Burnett for the defend- i ants to plead to the indictments, but tne pleas were withheld and the demur rers filed instead. The defendants 1rnur to the Indict ments npon the grounds that the" grand jury had no legal authority to inquire into the crime charged because the same Was not triable within Marion county; that the facts in oij bf the in dictments do not state a crime; that it does not appear on the surface of one of the indictments that the court has jurisdiction over the substance charged; that the court bas no jurisdiction of th.j subject matter mentioned in the indict ment and that the second indictment does not state facts sufficient to con stitute a eau for action. Kelliher and TurnV were jointly in dicted in two separate counts, one charging forgery and the , other the crime of uttering a forged instrument.: THIRTEEN DEB. FROM HEAT. Humidity inV New York City Kills and Scores Are Carried to the Hospitals. NBW YORK, July 13. Thirteen fa talities are attributed to hot weather er recorded in New York today. In addition a score or more tersons were overcome by heat and are under treat? ment in the city hospitals. Despite a T drenching rainfall during the fore noon and scattered showers throughout the day the thermometer arose to a maximum of R!i degrees. HE OPPOSES IT IMPORTANT CONFERENCE - BE TWEEN LABOR LEADERS AND ROOSEVELT YESTERDAY. Gompers and Duncan Call on President in Relation of Immigrant Labor Chief Executive Assures Visitors He Opposes Chinese Cooly Labor. OYSTER BAY, July 12. Immigra tion to the United States and its rela tion to the labor problem formed the subject of a conference this afternoon between the president and two im- rtant leaders "of organized labor) Samuel Gompers of Washington and James Duncan of Quiney, Mass., re- spectively the president and vice-president of the American Federation of Labor. The conference was devoted particu larly to the consideration of a a order recently issued by the president re garding the enforcement of the Chi nee exclusion law. The impression gained by many members of labor or ganizations was that the order, tm an extent at l-ast, would let down the immigration bars so far as the Chinese were concerned. -1 The president as- I 1 - sured the callers that no suchT construc tion properly eould be plaeed on the order, and that he was just as vigorous ly opposed to the admission to this country of the .Chinese coolies as they could be. TAYLOR HAS NO SHORTAGE. Says He Will Balance Umatilla County Accounts by Ills Own ; : Check. PENDLETON, Or,' July 13. "There will be'no shortage in my office. Should any money be found due thq treasurer from me, I will pay the amount when notified. Yesterday. I was informed that 1 2,000 was due the treasurer, and 1 at once gave my check for that amount. It has never been the custom in this ' office to turn money over to the treasurer each Saturday, but in stead when the rolls were balanced."- The above statement was made this morning by Sheriff T. D. Taylor, in an swer to charges that a shortage of $20.- 000 exists in his office. Exactly what the condition of affairs is in the office is not known de&nitcly, as the experts are not yet through with their work. No report has yet been made bv them. sod all the oflieials say. no authorita tive Statement was given out last even ing. It is said the matter has beea greatly . magnified for political effect. Uistrict Attorney I'helps stated toUt that he knew of no shortage and would take no action in the ease until the experts have completed their work, whieh will require about two weeks. I'art of the alleged shortage is said to have occurred during the terra of State Senator William Blakeley. How ever, neither of the two sheriffs is be lieved to have done any intentional wrong, both being of the highest stand ing. The books of the county officials have never been experted before in the history of the county, and the present investigation is for the past six years. A household necessity. Dr. Thomas' Electrie OiL Heals burns, cuts, wounds of any sort; cures sore throat, croup, caiarru, asiumxj never laua, . IS CONTINUED UNTIL TODAY WILLIAMSON CASE WILL ULTI MATELY GO TO THE JURY. COURT REFUSES : TO DISMIS3. Decided Was Sufficient Evidence to Warrant Trial of Case to V Proceed. Also Holds That the Time Has Passed In Which to Discuss the Validity of the Indictment Idaho Grand Jury Returns Eight Indictments. PORTLAND, July 13. Before com mencing to introduce testimony in its ltehalf. Judge Bennett,1 senior, counsel for the defense in the Williamson-tieasner-Biggs case, today moved that the charges against the defendant bo dismissed and a verdiet of acquittal ordered. Bennett contended the gov ernment bad failed to make out a case showing conspiracy to suborn perjury. He also contended the indictment de fective. Hency, in presenting the gov ernment's side of the contention, con tended the guilt of tne defendants bad been absolutely established. Judge De Haven, decided there Was sufficient evidence, presented to war. rant the case going to . the jury and ordered the trial to proceed, lie also stated the present was not the proper time to discuss the validity of the ia-dictim-nt. Bennett asked for a con tinuance granted. till tomorrow, which was Idaho Jury Also Gets Busy. Itoise, July 13. The aiecial United States grand jury investigating the land frauds in the Lcwiston district concluded its Vrork today. Seven in dictments were returned today, making eight in all. Of thoso returned today two are for conspiracy to defraud the United States. It is the understanding that George Neuter and Frank W. Ket tenhach, bankers of Lewiston, are tho two men affected by those indictments, but nothing has been officially inado to the public on that point. Of the other indictments, two were for subornation of perjury and three for perjury. William Dwyer, who for merly acted for the state, assisting in selecting the lands, is believed to be one of the persons indicted for sub ornation of perjury. No information has been secured as to the other names. The ease of Ivan Cornell, indicted for perjury, was called up and the de fendant was given until August 1 to plead at Moscow. AFTER THE PERPETRATORS. Grand Jury of Lincoln County Is In vestigating Sharrett Murder i Mystery. ALBANY, Or., July 13. (Special to The Statesman.) The grand jury of Lincoln county is making a thorough investigation of the mysterious murder of E. G. Sharrett, formerly postmaster at Lutgens, who was killed last Febru ary by some unknown person or per sons. A number of parties, who are under suspecion of having committed tne deed or have knowledge of tho identity of the perpetrators, sro under arrest and 'undergoing a critical exam ination. Up to a late hour tonight no conclusion has been reached. The caso of Gus Olsen, who is under arrest for the thoft of the doors and windows of the Catholic rhurrh of Toledo for 11 so in his house in tho country, was tried before a jury at Toledo today. The case at 'last reports was still in the hands of the jury. HIS EFFORTS WERE FUTILE. District Attorney Jerome Attempts to Secure Copy of Equitable Reports. MEW YORK, July 13.-Ditri-t At torney Jerome today made an unsuc cessful attempt to secure from the of fice of the first deputy superintendent of insurance, Robert A. Hunter, in this city, a ropy of (he detailed evidence on the affairs of the Equitable Life As-suran- Society taken before superin tendent of insurance Francis Hen dricks. After the failure to get the report the-district attorney sent deputy super intendent Hunter a letter in which he aid he had Governor Ifiggins' .order for copy of the report, and requested it delivered to one of his assistants. Hunter declined to comply with the re-qiiet.tfnl-s Jerome gave'Lim a receipt to show the copy in Hunter's hands was the property of Superintendent Hendricks, and would agre to return it in a reasonable time, when requested to do so. DYNAMITE FOR CZAR IN CELLAR. Terrorists Plan to Blow Up the Imper ial Family During Projected Visit to Moscow. NEW YORK; July 13. A World dis patch from London contains the follow ing from the Vienna correspondent of the Daily Telegraph t Private letters from St. Petersburg state that the police hat discovered elaborate preparations for blowing up tne castle of Ilinskoje, near Moscow, where the czar with the imperial fam ily intended to taW up a brief rcsi. dence. Beneath the apartments des tined for his majesty's use, a stibtpr ranean passag; is said to have been found leading to a cellar where 230 pounds of dynamite lay concealed. -The police have made many arrests, apprehending, among others, two en gineers, who conducted the clcanin- and .decorating of Ihe apartments of the castle. This intelligence, associated with t1 murder of Shnvaloff, .has made a d impression. The czar bas now eii, I npll idea of staging at Iliogkoje."