Newspaper Page Text
The Bilings Gazette.
VOL. XXHI BILLINGS, MONTANA, FRIDAY, JUNE 14, 1907. SCIM ITZ IS HELD GUILTY Jury Reaches Verdict on First For mal Ballot. SATISFACTION AT RESULT Public Pleased that Justice Has Been Done. San Francisco, June 13.-A jury of 12 of his peers has declared Mayor Eugene E. Schmitz guilty of the crime of extortion, charged against him by the Oliver grand jury. The jury was out just one hour and 35 minutes. They elected Chas. E. Capp foreman and at once proceeded to an informal ballot. This was oast verbally and stood 11 for conviction and one for acquittal. Juror Burns, a shoemaker, cast .he dissenting vote. Then the 12 men began a discussion of the evidence which lasted for neal ly an hour. At the end of that time the first formal ballot was cast. It was a written ballot and was unani mous for conviction. The Jurymen Is sued this statement to tne Associated Press immediately after their dismis sal '.y the court: "In justice to Juror Burns, it should be explained that he did not vote for acquittal because he was dis satisfied with the evidence or believed their was any doubt about the defend ant's guilt. Two forms of verdict were given to the jury, and the consec utive reading of these momentarily confused 'Mr. Burns. As soon as he understood the matter, he cast the vote with the other 11 and the verdict was accomplished." Mr Burns approved this statement. On the wings of rumor spread the report: "The jury has reached a verdict," and even before Judge Dunne reached the synagogue, hurried thither by an automobile, nearly a thousand men had gathered in Bush street and were clamoring at the doors to be let in. They were kept out until the 12 men had been brought in and seated. As Judge iDunne entered his chamn bers by a rear way, the crowd surgeu into the building from the front. Then there was another wait of five minutes. The mayor had not arrived. He came puffing up presently in his red touring car. He pressed down the aisle ahd -quietly took his seat. Clerk McManus stepped to the door of the chambers and announced. "All ready for you, judge." Judge Dunne took the bench. "Let the jury be polled," he said . uietly. "Poll the jury," repeated Bailiff Moore to the clerk, and that official tonled off the names of the 12 men. "All present, your honor," he re plied. Then turning and addressing them, "Gentlemen of the Jury, have you agreed on a verdict?" he said. Foreman Capp rose very slowly in his seat at the far end of the lower tier. "We have," he said solemnly. "What is your verdict, Is the defend ant guilty or not guilty?" Foreman Capp said very slowly, and very low: "Guilty." The silence was broken in a hundred places at once like a wave draining from the rocks. A long drawn "Ah" ran through the crowd. Then,- "Good," cried a voice in a far corner, and "good, good," echoed another specta tor iurther front. Rudolph Spreckles, whose -wealth made possible the whole bribe graft prosecution, was walking swiftly down the right aisle as the sentehce fell from the foreman's lips. He sank into a near seat as though arrested by some sharp command. All over the house hands were thrust out for a minute and men said, "shake." 'Gentlemen of the jury," droned the clerk, "listen to the verdict as record ed: 'We, of the .jury in the above case, find the defendant, Eugene E. Sohmitz, guilty as charged in the in dictment,' is that your verdict, so say you 'one, so say you all?" "So say we all," answered back the 19 men, their voices jumbling and jarring on the silence. Mr. Metson counsel for the de fense spoke: 'We ask that the jury be polled," he said, and so, one by one the names of the 12 men were called and each was asked: "Is that your verdict." Each replied: "Yes." "The judgment of the court will be pronounced on Wednesday, June 21," said Judge Duane. "The court will at this time listen to any motion that may suggest itself to the prosecution." District Attorney Langdon arose. "We will ask that the usual course be pursued," he said. "You mean," questioned Judge Dunne, "that you desire that the de fendant be taken into custody, pend ing the pronouncing of sentence." "Yes, your honor. We think that should be done," responded the state. "The sheriff will take the defendant into custody, pending the further or der of the court." saying this, Judge Dunne rose asbruptly and quit the bench. In his chambers a moment later he was asked whether he desired to make any statement of the ease. This was his reply: "Please say for me that the law has taken its course." It took the bailiff and Ellsor Big gy's deputies all of a half hour td drive the crowd out of the synagogue. It wanted to come and press about the counsel table and hang over the shoulders of the lawyers, an dget one look into the grayed face of the big bearded mayor, who sat resolutely with his back to them and would never look up nor down. When asked if he wanted to make any statement, Mayor Schmitz at first said: "No, I have refrat.ed from 'making statements during the trial, and I have nothing to say now." Later the mayor, by the advice of his attorneys, reconsidered his reason and dictated the following: "No matter what the decision of the jury which was gotten under most adverse circumstances regarding my self, I still maintain and affirm that I am absolutely innocent of the crime charged against me and will fight the case to the last resort. As I said be fore my trial, I did not expect, nor did I receive fair or even decent treat ment at the hands of Judge Dunne, and realizing his prejudice, I made every effort to have the case trans ferred to any other judge in the state. I do not take this as a defeat and the decision makes me all the more de termined to seek justice in another court." All of Schmitz's counsel were pres ent except ex-Judge Campbell. The mayor spoke without emotion, but his face looked downcast. He sat at the table talking with his counsel, while a few friends came up and shook him by the hands. Many of the city employes, appointees of Schmitz, were present, and they showed the great est surprise and consternation. Assistant District Attorney Heney, who has borne the brunt of the battle for the prosecution, was not in the court room when the verdict was brought in. Even the prosecution did not expect such a quick decision by the jury, and they were unprepared for it. There were no signs of jubilation when the result of the trial was known among the forces of the prosecution. They took the victory quietly. Among the crowd Were'heard expres sions of satisfaction that justice had been done, but they were mingled with words of regret that Mayor Schmitz, who had played such a gallant part during the fire and earthquake, had succumbed to the influences that had brought about his conviction of felony. The mayor will be a prisoner to I night, but will apply for bell, pa~ding (Continued on liaith Page). MAY BREAK WITH INDUSTRIAL WORKERS First Step Taken at Denver COnvention Pointing to Federa tion's Severance of Relations With Other Body. Denver, June 13.-As a forerunner of the split between the Western Fed eration of Miners and the Industrial Workers of the World, it developed today in the report of Acting President C. E. Mahoney to the federation con vention that President McCabe of the W. F. of M. of Butte had at a local meeting charged Mahoney with hav ing fraudulently used the funds of the federation to help the industrial work ers and with being a traitor to the federation. Mahoney denies the charge and demands that the union file writ ten charges against him; that the con vention hear evidence and if he be found guilty that he be expelled from the federation. The charges are based on alleged ao tions of President Mahoney and some other federation men at the last con ventioh of the Industrial Workers of the World. Vincent ,St. John of Goldfield, Nev., a member of the executive board of the federation, and who was one of the four federation men at the I. W. W. convention, in his report said that the minority in the convention, sup ported by the officers, stole all the of fices, refused to make any report of the condition of the funds and de layed meeting in order to tire out the delegates. St. John declared that the officers employed thugs to slug those who protested against these high-hand ed proceedings. He said he hmnself was knocked out with a slung shot. Mahoney, St. John charged, was pres ent when the thugs were employed and did not protest. St. Johh also said that John McMullen, a member of the W. F. of M. executive board, knew of the employment of thugs and con spired with C. O. Sherman of the I. W. W. and others to steal the of fices and run the convention with a PERILS OF ARCTIC TRAVEL Scores Endangered by 4laska Liner Col liding With Ice Field. Seattle, Wash., June 13.-A special to the Times from Nome says: The steamship Ohio, owned by the White Star Steamship company, struck on the ice at Port Safety at 2 o'clock yesterday morning, with a loss of life of two white men and one Chinese and great damage to the ship. A huge hole was stove in the Ohio's bow and she began to fill rapidly. A terrific panic ensued, during which the davit lines were cut and the life boats dropped and a number of occupants thrown into the sea. In all, 75 per sons jumped from the ship or were precipitated from the life boats onto the ice and in the water. Of the two white men drowned, the name of only one, Otto Anderson, has been learned. The ship's officers were cool, but SHOWING THEIR HANDS Jealousy and Antagonism Said to Ex ist Between Great Britain and Ger many Over Coming Hague Peace Conference. The Hague, June 13.-With the names of the delegates of a half dozen of the smaller states still missing, 'the list of delegates and attaches on file at the Dutch foreign office this even ing numbers 199. Although no actual news developments are anticipated until the conference gets under way and the powers begin to show their hands, it is increasingly apparent from the prevailing gossip that the chief interest, if not the chief importance of the conference, will revolve, about the jealousy and antagonism between Great Britain and Germany and there are plenty who predict an open clash, which will jeopardize, if not wreck, the work the conference meets to per form. ON MISSION OF PEACE. London; June 13.-The British dele gates at the peace conference at The Hague, together with Joseph H. Choate, James Brown Scott, Wm. I. Buchanan, three of the American del egates left here tonight for The Hague. high hand. These reports created a sensation in the convention, but up to 1 o'clock, when the. convention adjourned for the day, in honor of the founding of the Butte union, no charges were of ficially filed against Mahoney or oth ers. "A total of 51 new locals organized and the admittance of over 15,000 new members by initiation for the first calendar year ending March 31, 1907," said James ,K. Kirwan, acting secre tary and treasurer of the Western Federation of Miners, in his anneal report, which was presented to the cornvention today, "is the reply of the 'ederation of Miners to the ?vine owners' assoclation and their faithful allies, the ofRcials of Colorado and Idaho in their attempt to disrupt the organization by kidnaping our officers and charging them with almost every known crime on the calendar." The total membership of the organi zation April 1 was approximately 40, 000. The total receipts of the fiscal year were $224,865 and the expendi tures, $190,096. Contributions to the Moyer-Haywood-Pettibone defense fund to April 1 amounted to $87 787, and the disbursements, $79,516, leav ink a balance on hand of $8,271. The salaries of President Moyer and Sec retary Haywood of $150 a month each have been continued while they have been in prison in Idaho awaiting trial on the charge of complicity in the mur der of former Gov. Stuenenberg. A severe arraignment was made by Acting President Mahoney of some of the officers of the Industrial Workers of the World. He said that his con nection with that organization in an official way was last July, when he went to Chicago to audit its books. A brief review was given in Mr. Ma honey's report of the developments in the I Moyer-Haywood-Pettibone cases worked rather slowly. Only for the efforts of Capt. Brown, First Mate Frank Mills, Chief Engineer Raymond and Purser Allen, a great loss of life might have resulted. Passengers and crew became greatly excited and made a rush for the boats, following the grounding of the ship. By closing the bulkheads of compartments one and two, the officers of the ship did much toward saving the craft and the lives of her passengers. When order had been restored the Ohio backed off the ice and returned to Nome badly damaged. At a late hour last night she was sinking rap idly in the roadstead, her position be ing a most precarious one. A com mission has been appointed by Capt. Brown to survey the ship. UONE BODY IS RECOVERED Sea Gives Up Its Dead--.lnspectors Inves tigating Launch Accident. Norfolk, June 13.-The body of Cox swain Robert H. Dodson of the battle ship Minnesota, in charge of the ill fated launch which, with its 11 occu pants, six midshipmen and five sea men went to the bottom of Hampton Roads in the darkness of Tuesday night, was found floating in the Roads today. The other 10 bodies have not been recovered. It now seems to be accepted in na val circles that the launch was run down by a coal barge shortly after the frail boat carrying the 11 men left the Jamestown discovery landing. It was learned here today that Commodore Evans with a party from Baltimore was anchored off the expo sition grounds, a short distance from where the accident is thought to have happened, and, according to members of the party, cries of the drowning midshipmen and sailors were .heard coming over the water, though the since the arrest of these Sfficials in February, 1906. In this connection the charge was made that the mineowners and other enemies of the federation have caused the trouble at Goldfield, Nev., in the federation ranks, in order to discredit the organization in the eyes of the world at large. President Mahoney expressed appre ciation of the financial support given the federation in its defense of its im prisoned officers, saying: "The loyalty and generosity dis played by the hundreds of labor or ganizations that have responded in the fight of the federation for its life should convince us the time is draw ing near when the regiments of labor will come together in an invincible army to battle shoulder to shoulder for the industrial freedom of human ity" The report shows that the federa tion has not lost a strike during the past fiscal year, that it has gained an eight-hour day in all camps where the demand has been made. It is also stated that in many cases the reduc tion has been from 10 to 12 to eight hours, with an increase in pay of from 25 to 75 cents per day. A recommendation is made that ways and means be devised to keep competent organizers in the field, es pecially in Missouri, Tennessee and Michigan and that more men be given the Cripple Creek district. The Crip ple Creek local was said to be one of the strongest in the federation, but until a few months ago its members worked in secret because of conditions that had resulted from the 1904 strike troubles. Recently, however, the fed eration men have worn their badges and worked in the open and it is con fidently stated by a member of the executive board that the Cripple Creek district can be thoroughly organized and brought into the federation ranks within two weeks., PASSING THE QUEER George Newcomb Alleged to Have Tried to Have a Confederate $10 Bill Changed at Jacksonrs Bakery Shop. George Newcomb, a well known lo cal character, was arrested last night at 11 o'clock by Officer Bessette on a charge of trying to pass a counterfeit bill. Newcomb is alleged to have gone into the? Jackson restaurant on the South side and asked the proprietor to change $10, presenting what appeared to be a $10 bill. An investigation showed that the bill was two confed erate bills pasted together. The matter was reported to the po lice and Newcomb was arrested. He denies the charge and says that he never had such a bill. EARTHQUAKE IN CHILE. Santiago, Chile, June 13.-A severe earthquake was experienced today at Valivivia. Several buildings and many railroad bridges were destroyed. Five persons were killed. party at that time believed the noises were made by jubilant parties return ing from the army and navy ball. Admiral Emory will, as soon as some tangible evidence is found that the launch was run down by a coal barge, call on the regular court of in quiry required by the naval regula tions and a thorough investigation will be made. The members of the court of in quiry will convene on one of the bat tleships in Hampton Roads. The fed eral steamboat inspectors are investi gating. GONE TO WHITEHALL. Sergeant Baker Goes to Inspect Some Land in Jefferson Valley. Sergeant Baker of the local police force is taking a little vacation, and left yesterday for Whiteaatl' to In spect some land in the Jeferson val ley. lIE EXPECTS NO REWARD Conscience Alone Prompted: tiHm to Confess, Says Orchard. HAD THOUGHT OF SUICIDE Reading Bible Showed Way to Duty and Peace. Boise, June 13.-The men who are battling to save the life of Wm. D. Hay- i wood and the good name of the West ern Federation of Miners made their greatest assault upon Harry Orchard 1 today, when carrying by cross-exami nation the review of his life of crime down to his confession, they bitterly assailed his guiding motives. Six days they spent in stripping him before the jury of every shred of mo rality of character and then suddenly turning upon his in final fierce attack, they fought with every means known to legal craft to convince the jury that Orchard was committing a crime in falsely swearing away the lives of in nocent men in the hope of saving his own. The series of quickly delivered at tacks gave to the trial amid the scenes centering around the big witness chair in Judge Wood's court a depth of dra matic intensity, a compelling human interest that held either man or woman who watched and listened. Orchard failed when they recited to to him the tale of King David and I Uriah that Detective McPartland re- 1 lated to him when he came seeking a confession. He fought to save him self, but the tears filled his eyes and 1 he rocked unevenly like a fainting t woman. His voice lowered to huski ness and he hid his face in a handker- 1 chief. Then he steadied himself and went on strongly to the end. He de- 1 fended his motives by saying that he had finally found true conversion and in penitence had resolved to make all possible reparation by freely confess ing all. McPartland had told him that he was doing a great service for the state and that states were kind 1 to men who served them; there was no other promise. "You knew that if you confessed to the Stuenenberg murder the state would put you out of the way?" ham mered Attorney Richardson. "Yes, sir." "And would do it quickly?" "I believed they would put me out of the way." "But somewhere along the line the thought came to you that you could get out of it by laying it on to some bady else?" "No, sir; that was not the thought at all." And it was here that Orchard gave a remarkable explanation of mo tives that impelled him to confess. His voice fell to a low tone, but there was no other show of emotion. Com plete silence gave every word to the entire room. The whiz of the electric fan overhead was the sole accompani ment of the recital. "I thought," he said, "of putting my self out of the way, but I thought over my past life. .I did not believe in a hereafter at all, but I was afraid to die and I thought at times that I had been such a moister--my crimes had been so great that I would not be forgiven." "Who told you that?" "No one." "Who wrote that out for you?" "No one, but after I had been sent a bible and had read it some I came to the conclusion that I would be for given if I made a confession of every thing. I began to think that the grave did not end everything, and I made up my mind to tell the truth about the whole thing." "So you thought you would make your peace with the future by having somebody else hung, did you?" asked Mr. Richardson. "No, sir; I think any man can make his peace with the future, if he wants to. I believed it was my duty to tell the truth. I did not see any other way, regardless of the consequences to myself, or anybody else; I owed it to society, I owed it to God and to my selt" The defense suggested that if Or chard did not get the reference to his duty to society, God and himself di rectly from McPartland or any other person, it was suggested to him by the oath he took when he joined the Western Federation of Miners. They, read to him the oath from the ritual, but when they did that he expressed the belief that the language had been given to him by the Almighty. For hours the defense hammered away on the motive of having his own life. They sought to show it in the force of example drawn from the im munity of the informers in the Mollie Maguire cases, but this the. witness would not admit. Next they sought for it in Orchard's effort to bring "Steve" Adams over to the state and then in the subsequent meetings with McPartland and Gov. Gooding. Again they emphasized the fact that the witness had twice written his testi mony out, but Orchard repelled the sug. gestion that it had been changed by McPartland, Attorney Hawley or any body else. After that it was suggest-:/ ed that Orchard had placed his lftu ture in the keeping of McPartind; that Pinkertons had sent money to his family in Canada; that he had been supplied with dates to strength en his story and that McPartland had trained him as a stage manager for' his appearance on the stand, but all these Orchard denied. Then they tried to show him a pampered, petted hero-like prisoner fed from the table of the warden, addressed as "Harry" by Gov. Gooding and Warden Whit ney, given freedom and liberty that no other prisoner ever had in the world, and all this consideration implied that he would never be hanged for the mur der of Stuenenberg. Then came a showing as to how the prisoner had been dressed and groomed for the trial, and lastly for the climax they showed Orchard planning for and sav ing the' life of "Bob" Wetter, con demned to death for murder. Or chard admitted that he had appealed to Gov. Gooding about Wetter and that later Gov. Gooding first reprieved\ Wetter and then commuted his sen tence of death to one of life imprison ment. Orchard left the stand at 2:30 o'clock, after having occupied it for a total of 32% hours. Just before he was excused and remanded he went back into the hands of the prosecu tion and identified the casing of the bomb he planted at the gate of Judge Goddard's house in Denver. Orchard is to return to the witness chair later because the defense must lay the formal lines for impeaching him, and the state must still have its redirect examination. Immediately Orchard left the stand, the state began. the corroboration of the Bradley poisoning story. Mrs. Sadie Swan, who, as Miss Sadie Bell, was a maid in the Bradley house, Oliver Crook, the milkman who sold the milk that was poisoned, and P. LL. McCreary, the chemist who analysed the poisoned milk, carried the revolt ing tale through to the analysis that showed from 40 to 60 grains of strychnine in a quart or It. Mrs. Swan identified Orchard as the man who called at the house. They all confirmed the date as within three or four days of the explosion, and Mrs. Swab swore that she opened the; front door to get the morning paper a few minutes before the explosion asd? saw nothing on the steps. bhere wll be further testimony as to the > -d., ley incident tomorrow. Immediately .after. the no.~recei. former Gov. Peabody of Colorado: m. Harry Orchard in,the' oe o cow sea for the prosecution, The mei' was unexpected as, fa ras Orie rd was coaersaed and wien he mw Pea body he begga to trebai e. I am ashamed to speakto yu erao:; I aas . lo.- mes-oto at t, faltered Orchard'. (Ccatianued en º '