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The Billings gazette. [volume] (Billings, Mont.) 1896-1919, June 14, 1907, Image 1

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The Bilings Gazette.
Jury Reaches Verdict on First For
mal Ballot.
Public Pleased that Justice Has Been
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
"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,
'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
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
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).
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
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
Jealousy and Antagonism Said to Ex
ist Between Great Britain and Ger
many Over Coming Hague Peace
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
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
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
"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.
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
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.,
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
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.
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
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
Conscience Alone Prompted: tiHm
to Confess, Says Orchard.
Reading Bible Showed Way to Duty and
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
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
"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
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
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
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 ยบ '

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