Weekly Oregon statesman. (Salem, Or.) 1900-1924, July 14, 1905, Page 1, Image 1

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TUESDAY AIID FRIDAY
U-o TUESDAY D fCi
TITTY-FIFTH TEAS NO. 91.
SALEM, OSSOOIT, FRIDAY-MORNING JULY 14, 1905.
SECOND EECTIOJi SIX PAGZ3.
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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."