FAin TONIGHT AND SUNDAY.
1 '
1 AIL Y CAPITAL JOURNAL
""T SALEM, ORBGON'i SATURDAY, JULY 27, 1007. NO. 107.
, xvn. . , . . , '; .. - -
AYWOOD'S FATE WITH JURY
I "" . - . . . .. ..I...I ? - .-" ' rn.,., .. ,,...., i .,,., .. ., . IM..,-......M. I W I . . I
rtland Autoists Make Flying Visit to the Capital
TO
DAY IN
SALEM
tltlER IS IDEAL
five Machines Enter the Con-
.Contestants Take a Jolly Din-
Together At the Willamette--
Portland Ladles Enjoy the
flng Drive
Els auto day at Salem, the
being the first station In the
Vlllnmotte valley endurance
co of 135 miles. Tho first
ir to nrrlvo wad tho 40 horBe-
ford, driven by P. P. Baum-
of the Oregon & California
blp Co., who pulled up at The
(Journal ofllce at 10:40, with
sengers. It was a raorry raco
nmcrclal street between him
Mltchels that chased him
and all cxccccdlng tho speed
Keats, who wont out of Port-
No, 1 of tho 25 macblnoa,
went Into tho ditch hnlf way to Salem
with his elegant Matheson, and was
not expected to arrive. At Salem tho
autoists were met by Otto Wilson and
Joseph Albert, as control keep
ers and gasoline supply men,
tho machines all being allowed
to tako in fuel onco on the
trip to tho capital. They were greet
od upon their arrival by Dr. Robert
son and other local machine drivers,
and tho number of cars that pulled
into Salem breathing heavily, and
with more or, less flat wheels, was not
small. The repair gangs got busy,
and tho crowds gathered around the
disabled puffers that were got into
commission.
First Party In.
Tho first enr that arrived carried
Mr. and MrB. Daumgartner, Mrs. Tll
don, Miss Glover and Mr. Terry, as
sistant to the owner. They all de
clared tho weather perfect, a cool
day, with Bky overcast with clouds.
An hour and a half was allowed for
rofreshmonts nt Salem, and about 80
occupants of tho endurance party
took lunch at tho hotel. Tho tables
wore decked with roses, In honor of
tho party from tho Rose City. Tho
test consists of the rnn from Portland
to Salem and hack via McMInnvlllo
and Nowbcrg. Fonr cups aro to "bo
awarded, and a sweopstakes cup by
aro In two classes, class A machines
arc in two classes, class A michlnoB
of $2500 or over; class D machines
of $2000 and nofovor TJ&I300.
Where Kcntn Wns Wrecked.
Comjng down a hill "between Now
LONG
f,
TRIAL
ENDED
IN HANDS OF JURY
Jury Retired At 1 1 ;05 This Mooring
Opinion Is General That Jury
.WHI Not Agrcc-Judgo's Charge
Contains fifteen Thousand Words
(Continued on puge eight).
mm store
PEOPLES BARGAIN HOUSE o
v
Our
id-Summer
tearing Sale
be a record-breaker, Judging from tho crowds of people that did
pdlng hero on Monday. There will be no reserve In regard to
We want the room for our fall stock, and we mast have It If
e to soli the goods at half their regular prico. This salo Is
I' All OVer thrt Btnrn Tin niottur Vnnr nntir on.l im-tn.ilatA th
Out they have to go. Trade at tho Busy Store.
wands of yards of lawns,
M and challles, half-price.
ginghams, half-price.
yards of 12ACIndia Lin-
rd 7UC.
show the greatest stock of
lc in Salem, and at the
prices.
nts of calicoes.
ad silks, half-price.
dress
Tho only people In Salem that
show the new College shirt waist;
prlco tho same as In New York,
$1.25
Prices on hosiery and all kinds
of fancy goods slaughtered.
If you want the smallest price?
on millinery you ever heard of
como to the Chicago Store.
. Prices cut to the quick on hun
dreds of other articles all over
the store.
BALEM'B FASTfifiT GROWING STORE.
McEVOY BROS.
-UUL AXD COURT STRKBTf.
Boise, Iadho, July 27. Tho ora
torical offortB of attorneys for both
tho stato and defense in tho Haywood
trial woro sot nt nought today by
Judge Wood, wno, as presiding
Judge, had tho last say. His clear rsx
ompllcntlon reduced to dry facts tho
real kernel of Oils famouB murder
case. Hnywoofl, tho court plainly
stated, Is on trial for the murdor of
Stonmmborg. ,On tho surfaco tho
instructions Tvould seom to firvor tho
defense, "but In real Tact tlioy favor
tho Taw of Idaho. Tho Instructions
aro prouaTjly tho most voluminous in
tho -criminal annals of this country.
Tiie summing un requiring 15,000
jworils. Wood Insisted the Jury must
toirv'Ict, 71 at all, -after, roRBo.Hablo
doubt hd boon . removod?and he
coTofully 'analyzed what n Tcasonnblu
uoubt ls,.nccording to tlie law. "If
It "Is possible for yon to Tcconcllo the
facts In .this caso upon -any renson
nblo theory consistent w"tth tho inno
cenco of Haywood, It Is your duty to
do so, -and to find n verdict of not
su'ttty. Tho burden Is on tho prose
cution 'to provo a conspiracy was
formod, -and that In Its oxecutlon
TJomo one of tho parties "killed Stoun
onborg. Tho burden Is upon the
prosecution throtrgnout, and novnr
Bhffts to tho defendants. Thoreforo
'if tho prosecution failed on each or
ovory one of these facts, you shonlfl
acquit. You are further Instructed
that such a combination or consplm-
cy cannot bo eatnullBhctt by tho un
corroborated testimony of nn ncom-
Ttfice. Plunging In to Orchard'
J evidence, tho Judge wont to
Biit imiuB uj bijow inai n
icust Tro carefully nrelghed. Ho
said: Tho Jury is Instructed that
Orchnrd -claims ho is an accomplice
In tho commission ' of tho offence
clnrged In the indictments. Undor
the statute this person cannot be con
victed of a crime npon tho testimony
of an accomplice, unless such accom
plice is corroborated by other evi
dence., -whicli of ItBelf without the aid
of tho testimony of tho accomplice,
tends to connect tho defendant with
tho commission of the offense
charged, and tho corroboration Is not
sufficient, If itx-meroly shows tho
commission of nn offenso and the
circumstances thereof. Tho lav vlows
with distrust testimony of an accom
plice on account of tho mottvo ho
mav Mare for lavlncr rnsnonslhllltv
Jof his crime on another, when by so
uuiiik no umj' Bcuiiru immunity iur
his own participation." If you be
Inftho first degree, murder In tho
second degree, or manslaughter, or
you may find him not guilty."
Inywood was surrounded by his
onUre family, and looked decidedly
perturbed and nervous. Tho court
roobi was crowded during tho reading
of tho Instructions.
The Jury room is a stuffy apart
ment 8x12, the furniture 12 hnrd
bouomed chairs and plain deal
tables, and the sun streams down on
tho roof, adding to tho tomporaturo
within.
qn tho lawn below armed deputies
keob back the crowd of curloiiB, who
strive to get close to tho building,
nB if to penetrate If possible tho se
cret's of the Jury room. When the
clerk called Haywood to tho bar,
Haywood showed for tho first tlmo
tho extreme physical Btraln he has
been xmder. His face was drawn
nndj haggard, but his determined
lips, wero set. Ho gaaed stcndfaotly
Into the face of each Juror as ho filed
past him In a hopolcsB endeavor to
loam If possible how ho felt. Every
body connected with tho trial is ex
hausted, as the heat has been unbear
able for the past six weoks.
, Alaska Volcanoes Active.
c valdcj., AlttBku, July 37.
Monnte Blackburn and Logan
have become actlvo volcanoes,
according to reports or natives
and prospectors, who aro flee
ing Trom tho vicinity. Thcro
lias Tjoon n Btrange runYbllng
Tor "Bevornl dayB, and Btnoko
Tinfl steam are now lesalng
fnrn' tho ncnkB.
- - .
STATE
VERSUS
NATION
MUDDLE INCREASES
State Courts Issue Warrant For Ar
rest of Railroad President Flnlcy,
and Federal Judge Prltchard Re
leases Him On Habeas Corpus.
MM
Ashevllle, N. C July 27. Presi
dent Plnley, of tho Southern Rail
road, was arroBted today upon a war
rant Issued by tho Btuto authorities
in tho rnto war muddle, but wub re
lttiBcd on habeas corpus by Judge
Prltchard, wIioho actions cauBCd (ko
Btrnlned relntions between tho feder
al and stute autborUlcB. A wnrrtunt
waji also issued for Ticket Aent
Wilson, of tho uarao road.
DROWNED AT TDK DAlililSS.
Son of Register of tho Jjuid Olllco
C. W. Moore.
Tho Dalles, Or., July 27. A satt
drowning accident hnpponcd Friday
morning about D o'clock, Ray, 15-
yenr-old son of C. W. Moore, reglator
of tho land office of this city, boing
drowned while bathing on thaj Regu
lntor dock. Ho and another boy wore
diving from tho dock. Ray dived;
rose twico, and wns not soon after
ward. Tho body was rccovored la
tho afternoon,
Mr. Moore's family consists. et w
BOn and daughter, and tho loss of tho
boy Is a torrlblo blow to tho pa
rents. Tho mother, !b ill with grief..
Tho boy wns Just learning to swim .
and took overy opportunity to batho
In tho river.
, Two moro bodies woro found' float. .
ing In tho rlvor yesterday evonluif.
Ono Mul nn onglnoor'a cnpojQ,nn'
overall and blouse and $13.05 la-
liln pocket. Ho had no lottWB or, pa
pers which might lead to, identifica
tion. Tho othor landed onUho Oro-
gon sido, but Anally washed over to i
tho Washington shore.. AuthorlUdS
thoro woro telephoned' to. tnko charge
of tli oromalns.
Those malto seven' drowned men
tnkon from tho rivor in six weeks.
Washington, .July 27. Snnford
nrrltcd horo this morning to confer
with ofllclnls of the dopartaont of
Juflce.
M4
FAMOUS
SPORT
IS DEAD
Seattle, July 27. Tho body of T.
P.. Stony) dark, fcookranker and
turl man, waB found early this morn
ing ,'in tho middle of tho Btreot In tho
southern portion of tho dty. There
wns apparently no. cause for denth.
Ho airrlved recently from Butte.
9
If CNIO TRAIN IN THE DITCH.
THK HORY GRAIL.
ImrRist VlRTrtliifi'MaTlimc.
Portemoufli, T3ng., July 27.
The lmtfleshtp Belloropllon
bigger tljan ,tljo Droailnaught,
and tbo , 'argent nKd. most pow
erful whip 'In tho wo'rjd, was
launtibcil toflajf. Princess Hen
ry, of Bfltteiiburg, 'christened
tho B!hlp, Which is TS.COO tons
ngnrmrt tho DrondaBBht'a 17,-900.
WllWIIWIIMUMHIIlim
SENATOR
PETTUS
KiiKliRlnimu Tliiukft IIC HitH Diijcov
ert'd It.'.
London, July 27v Tho Bxpresa
prints a story of' the" dlBcovory noftr
Olnstonbury Ablloy af'n lftH voasel
of beautiful workmHiisfilp and ap
parently of groat antiquity, which
one of the discoverer bellavetr is tho
Holy Grnil of tho Arthurian logcwtl
Tho Holy Grail is tho cup from whlclu
Christ Is reputed to have drantc a
tho Last Slipper, and, according to wv
anciont British tradition, it was
brought to England by Joseph, of
Arlmntheo, nftor tho crucifixion,
Tho veasol is of bluish green bIucs-v.
or Home kind cunningly Inlaid with'
sliver leaf. , A uiimbQr of- eminent
poraons, Including Bomo peorH with
occloalnsticul IntftrostB, AinbnBsndor
Roid, Profesjor William Crxjk:&s
and tho Rov. R. J, Campbell, have
examined It. It Ih now in tlm nmmno.
I8,0n of Prof8or Crookes, who' has.
lilIWl-1 "" rtHk0" t0 so,vo ,lB "'story.
Carntj Near Being ItojR-tition of tfeo
I'ero Mirqmtt Wrrvlc.
, .Btftler, Pa. .July 27. A repetition
of tho Pero Marquotto collision, la
which 35 wero killed, was narrow
ly averted thlB morning, when a train
beorlng 500 omployes of the Buffalo
Rochester & Pittsburg road to a pic
nic, was ditched at Islo Station, on
the Allegheney & Western road.
Fireman O. M. Bates, Charles Nenl,
n passenger and Ralph Dawson train
master, -wero killed and several injured.
GLASS JURY HANGS,
Oat Since Last Night With No Sign
of Agreement.
Hot SniiiiL'H. J. C. .Tnlv 57
United States Semator "Pettua, of Ala
bama, 'Js lylng. Ho fell uncon
scious yesterday at fho brenkfabt
table, and lao not rovlved yet. Phy
sicians liavo prioun(H.-d his cuso
hopeless.
(Sonntor Kdmund PettUB Is 8-1
years old, and has represented his
stato in tho United Htates senate for
many years. His colleague, Senntor
John T. Morgan, who was 81 years
of ngo, died but a few weoks ago.
Senator Pettus aorved In tho Mexican
war. Ho Is a man of brllllnnt nt
tnlnmontB, nnd retained IiIb vigorous
intellect up to tho time he wan
Btrlcken).
HUH, OK.
Hevo from the evidence Orchard was
Induced or Influenced to testify by
any such promise, his testimony
should bo received by tho Jury with
caution and scrutinized with great
caro. Unless there Is some evidence
other than tho evldenco of Orchard,
there can bo no conviction. It Is not
necessary, however, to have corrob
orative evidence Itself that should
bo sufficient to show tho commission
of the crime or connect tho defend
ant with it. It is sufficient if It tends
to connect the defendant with it. It
i sufficient If It tends to connect tho
defendant with tho commission of tho
crlmo charged. The Judge concluded
ax follews: "You aro Instructed that
undor tho Indictment In this case,
tho defendant may be, as tho evi
dence warraats, convicted of murder j
San Francisco, July 27. With ev
ery Indication that It will not bo ablo
to arrive at a verdict, tho Jury In tho
case of LouIb Olass appeared in court
at 9:30 tills morning and requested
Judge Lawlor to glvo further Instruc
tions, and have the testimony of
Homer King, Evan PIllBbury, Fred
Eaton, A. J, Stelss and Henry T.
Scott re-read. Tho Jury also asked
the court to Inform It when E. J.
ZImmer, who Is in tho county Jail
serving a five-daya' sentenco for re
fusing to testify, was elected vice
president of tho Pacific Telephone
Company. The court ordered tho
question held In abeyance until oth
er matterff wero disposed of. Re
reading of the testimony thon began.
The Jury held a stormy all-night ses
sion, and when daws eamo was as
far from a verdict as' when it retired.
KNOW
LEADERS
OF GANG
Salary Too Small.
Lowlston, Idaho, July 27. W. H.
McGrath, Northern Pacific agent at
Kamlah, wns arrested Frldny morn
ing chnrgod with embozalomont. A
ahortngo Is claimed of approximately
ouu. iiio arrest of MrGmth fol
lows InvoBtlgatlon of a .roportod hold
up which ho nllegod took plnco at
Kamlah dopot Sundny night, when
throe masked men woro reported to
hnvo taken ?I90, after comnolllnir
him to open tho cnmpnny'fl safe it
tho point of a rovolvor. Tho story
was discredited by officers who soon,
lonrnod McGrath had been lending a
wild IJfo with women nsHoelatOH. ono
of whom ho clalmod wbb hln wife. A
report from Kamlah todnv atntn
that tho former agent confogBed to
tho fake holdup Btory whan con
fronted with ovldonco secured by tho
officers nnd has sent to relnllvos In
tho East for funds to mako good tho
Bhortago, Ho has told officers, It Ju
said, where tho monoy was unod. ox-
cept $100 found In his uultonfio in
his room.
New York, July 27. "Wo know
tho men who aro at tho head of tho
local department of HunchaklBt so
cieties in this city, and who wore be
hind tho plot that resulted In the as
sassination of Tavshanjian, tho mil
lionaire rugmaker. There Is no dan
ger of them gottlng away, as we can
got them at any time," was tho state
ment mado by tho district attorney's
office, where tho Armenian plots aro
being Investigated.
It Is RuralHg.
London, July 27. Tho town of
Techernoschin, near Marlcabad,
Austria Kuaearv. Is burnlnir. and
It Is reported that the Jury tood t , there Is a.VIld panic among the rcsl
to 3 for acquittal, .deatst.
HI Auto Killed Him.
8oattlo, July 27. C. M. Long was
klllod and four women nnd an un
known man slightly Injured In South
Seattlo last night In a collision bo
tweon their auto and a buggy.
o
AflCnlrH in Komi.
Toklo, July 27. Seoul 1 quiet,
but disturbances are spreading In
tho provinces. Two moro reglmentd
will go to Korea. Hayashi roturns
tomorrow.
Dr. J. F. COOK
TITU BOTANICAL DOCTOR,
MOTJiD TO 1 LHiWKTY BTlUMrf
FOB ANY DttUMSK CALL ON DR.
COOK. roXSUXTATfOX FRIOf.