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··· lUUNGS.-MONTANA, T JESDA , OCTOBER' Y, '1907.
EVIDENCE ONLY_ TESTIMONY CONNECTING i~. SENATOR BORAH WITH FRAUDS PERMISSAILE. COURT INTERFERES Notifies Prosecution That Freedom Given in Questioning Will Be With drawn and the Law Must Be Ad. hered to-Records of County Clerk Will Be Introduced. Boise, Sept. 30.-Federal Judge Whitson, who is presiding at the trial of Senator Borah, notified the prose cution today that the case has reach ed the point where some, testimony connecting the defendant on trial with the alleged fraud and conspiracy must be introduced. The court declared: "Great latitude has been allowed you in the presentation of testimony here on the promise that the defend ant would be connected with the al leged conspiracy. But there is a time when the court has to control the or der of testimony. Beginning tomor row morning he will confine your tes timony to the defendant on trial. The government attorneys said that, act ing on Ithe suggestion, they would of fer in evidence tomorrow the records of the county clerk's office, where scores of timber deeds had been ad mitted to record at the request of Senator Borah. "We. thought that matter was con ceded and we allowed ,the deeds them selves to go into the evidence withdut protest," said Mr. Hawley, chief coun sel for the defense. "We are also willing to admit that Senator Borah was counsel for the Barbour Lumber company during the years covered by the indictment.", Mr. Burch of the prosecution said h-.,hdesired-thl. county records in evi dence regardless of the admissions of the defense. Judge Whitson's notification to the prosecution at the conclusion of the testimony of the government's two important witness gave an official in timation of the status 9f the case against Senator Borah, which became more significant when Prosecutor Burch stated tonight that the gov ernment's case undoubtedly would be concluded tomorrow. The "testimony today had to do largely with' the actions of former Governor Stuenenberg in land deal ings. Attorney Hawley protested against witnesses being allowed to give conversations with Stuenenberg and stated they had no bearing on Senator Borah's case and "terided only to blacken the memory of a man. who can not answer." The liveliest incident" of 'the.'day was when L. G. Chapman, manager of the Barbour Lumber company, was called as a government witness. He brought many books and much cor respondence, which the government desires, but he refused point blank to produce the company's account books giving the amount paid for timber lands and to' whom. He declared the information con tained in the books could not assist the jury in the 'matter on trial, but might tend to incriminate Chapman as an officer and stockholder of the company. The matter of requiring Chapman to produce' the books goes over for argument tomorrow. Chap man has his own counsel and Senator .orah's lawyers to take part in the arguments. The important witnesses of the day were E. E. Garrett,. receiver of the Boise land office, and L. L. Sharp, special agent of the general land of lice, who was sent to Idaho by former Land Commissioner Hermann. Garrett said that Borah came to"his house one evening and asked regard ing some timber land claim's and asked, if a hearing was to be had on them. "I indicated to him that the claims m -ere "bad and told him he had better Sep hls hands off of them," said Gar i tt. Garrett said that at this time the Barbour Lumber company was noti a party of record in 'he case. Sharp, the' special agent, said that bhe was introduced to' Senator Borah in'the senator's office by Garrett. He said he talked to the senator. in a -general. way about allegations of per sons living near the timber lands that the land contained valuable' mineral deposits and should not be given for the lumbeir that was on them. One day. Borah came, to his office and asked 'what he' intended to do ,about certain contested ;laime, Sharp told 'him the contesfa ere to be pursued. He could not-, nember any other .conversations w1i Bdrah in detail. On oross-examinatioi ~.SharpD said bhelhad talked to many, lwyerys _about the. alleged frautds and. said t.. was nothing unusual to . be consiilted' by lawyers at his office and that he knew Senator Borah to be the representa tive of the Barbour Lumber company and that there was no secret about it. Senator Borah always told him that he was always anxious- to protect the lumber company against fraudulent claims. DENIES REPORT OF REVOLT IN NAVY TERRORISTS iPENETRATE RUS SIAN BARRACKS. (By Associated Press.). St. Petersburg, Sept. 30.-The chief of the naval staff today denied the re port from Odessa of. a serious revolt on board the Russian fleet at Sebat6 pol. The official added, however, that in view of the excitement caused by. the sensational incident at the Se bastopol .barracks yesterday, when three terrorists, disguised as officers, entered the barracks, in an attempt to provok4 a mutiny among the troops and the disclosure of the fact that the revolutionary propaganda was in circulation among the crews of the warships it had been deemed wise to send the fleet to sea on a practice cruise. TWO WRECKS IN. MISSOURI FAST TRAIN ON FRISCO ROAD JUMPS TRACK. FIRE DESTROYS CARS Engineer and Mail Clerk Are Killed and Fireman Badly, injuEi : n. Wreck on Dixon: HI:l - Aoother Frisco Train in Collision. (By Associated Preis.)' St. Louis, Sept. 3.-The fast train on the St. Louis and San -Francisco railroad, due in St. Louis at 11:30 a. m., was wrecked at Dixon Hill, 130 miles southwest of St. Louis, this morining, and according to official ad vices received by the general office of the railroad company, two 'persons were killed, one seriously injured and many passengers badly bruised; but none killed. The dead: ENGINEER CHAMBERS of Spring field, Mo. MAIL CLERK' FRANK E. CRISSY of St. 'Louis. The injured: Assistant Fireman Sokio of Spring field, Mo., The engine and forward part' of the train overturned, the cars taking fire' and ,being consumed. A special train "containing' .physicians and nurses and fire fighting apparatus was sent from Rolla, 25 miles from the scene. Dixon Hill is a steep grade, 16 miles long. The engine jumped the track while speeding down the grade, tearing up a section of the track and ditching several cars, which were de ,stroyed by fire. Cattle Are Killed, (By Associated Press.) Trenton, Mo., Sept. 30.-The south bound limited train on the Texas & San Francisco road which' left St. Louis. last night, collided with a freight train two miles from here shortly. before' midnight. Two mail clerks were hurt. The passengers es caped injury. The freight train was loaded with cattle and a large amount of animals were killed. Both locomo. tives were demolished.. WONT INTERFERE WITH THIE MAILS CUBAN RAILROAD STRIKERS WILL LEAVE MAIL ALONE. (By Assoocates Preg.) Washington, Sept. '80.--Tie railroad strikers' in Cuba have declared that t the, movement inaugurated by them i shall not interfere with the movement a of the malls so ,far as they are con a cerned. TBis. is the attitude described to them in a message received by the t war departnIent in a dispatch from 1 Governor Magoon. e Queen Elizabeth of Roumania is d very much interested in the establish t ment of an asylum for the blind and I announces that- to anyone who will L. send her- a donation, large or smiall, r she will send a letter of thanks signed by herself. UNVEIL MONUMENT TO WI LIAM M'KINLEY President Roosevelt Delivers Glowing Eulogy to Martyred President B efore Concourse of People- Representatives of All States and Nations Pay Tribute to. Memory. Monument Hill, Canton, 0O, Sept. 30. -The -McKinley : mausoleum, tribute ~nd gift of a nation to the memory of the martyred president, was dedicat ed, this afternoon in the presence of hundreds of distinguished men from all parts of the United States, repre sentatives of foreign countries and a crowd of approximately 50,000 people. The dedication was distinguished by th,e,.presence of the president of the United States, Vice President Fair banks, members of 'the president's cabinet and United States senators and governors of several states. Ad dresses were delivered by President Roosevelt, Chief Justice. William B. Day, McKinley's secretary of state, and Governor Harris of Qhio, who acted as president of the day. The program ended by the singing of "America," aiid the benediction by Bishop .Hartman of Cleveland. President Roosevelt and party then visited the interior of the tomb, as did the invited guests and the gen eral public. Several thousand passed through the tomb,. which is built at a cost of over $600,000 and Is the' do nation of over 1,000,000 Americans to the memory of William McKinley. Justice Day called the assembly to order and introduced Governor Harris, president of the day. The governor introduced Rev. Dr.' Bristol of Wash ington, whose church McKinley' at tended while in Washington. Dr. Bristol offered prayer. Governor Harris then delivered the opening ad dress of the ceremoniesa sayilig in part: "All who knew William MciKnley loved and admired, him. He ·was worthy of. their fullest confidence and equal to any' emergency Ih either pubfr lie or private life. He had been a pupil of Grant, Garfield ' and "Hartison in war and in peace, and he added fresh laurels to the crown of his elder comrades. It is therefore emi nently fitting that the great defender of popular rights who took up :the work when McKinley ceased should be the one on this sacred occasion to speak of the life and the services of the martyred president." Justice Day was greeted with si lent respect when he rose to tell the story and, the history. of the magnifi cenrt mausoleum. At.the close of Justice Day's speech, Governor Harris asked the audience to rise while Miss Helen McKinley drew aside the flag disclosing the mag nificent bronze figure of McKinley in the attitude of delivering his last speech on the day of his assassination at Buffalo,. September 6, 1901. The flag was removed slowly and impres sively. This was followed by the reading of the poem,. "William .Mc Kinley," by James Whitcomb Reilly. "iovernor Harris then introduced the president of the United States,. who' delivered an oration on the ap preciation of McKinley. President Roosevelt spoke in part as follows: We have gathered together today to pay our meed of respect and affec tion to the memory of William McKin ley, who as president -won a place' in the hearts of the American people such as but three or four of all the presidents of this country have ever won. He was of singular uprightness and purity of character, alike in pub lic and in private life; a citizen who loved peace, he did his duty faithfully and well for four years of war, when the honor of the, nation called him to arms. As congressman, as governor of his state and finally as president, he rose to the foremost place among our statesmen, reaching a position which would satisfy the keenest ambi tion; but he Never lost that simple and thoughtful kindness toward every `human being, great or small, lofty or ;humble, with whom he was brought in contact, which so endeared him to'our people. He had to grapple with more serious and complex problems than any president since Lincoln, and yet, while meeting every demand of states manship, he continued to live a beauti ful and touching family life, a life very healthy for this nation to see in l-ts foremost citizen; and now the wo man who walked in the shadow ever after his death, the wife to whom his loss; was a calamity more tc'ushing than it could be to any other human being, lies beside hiinm here in the same sepulcher. i There is a singular appropriateness -in the Ineribption on his monupnent. I -Mr. Cortelyou ,whose. relations with I hi~ were of ouclh close intimacy, gives tme the aleOdWi information about it: On the gpreident's -trip to the Paefi slope in the sering of i190l. President Wheeler o'bf'the University of California coiiferd the degree of LL. D. upon ihh initiv6ds so rell chps en that they g str"i the' .fatidious taste of John Hay thin secretary of sate, who wrote andiasked for a copy of 'them fromn Prtidsnt Wheeler. Oii the receipt of tis t y lie. sent the following letter tc: pdent McKinley, a letter which now ms :filled with a strange and uhiconxj ous prescience: "Dear Mr. President) "President Wheeler sent me the in closed at my 'equest. You will ha.'e the 'words in 'more permanent shape. They seem to me remarkably well .hJosen, and stately and dignified enough to serve--long hence,' please God--as your epitaph. Yours, faith fully. JOHN HAY." "University of Oaiifornia, Office' of the President. "By authority ~sted in me by the regents of the University of Califor nia, I confer the degree of doctor of lawE upon William ýcKinley, presi dent, of the United; ates, a states men singularly gifted to unite the is. cordant forces of the goervnment and tmold the diverse purposes of men to ward progres.lve and gaiutary action, a magistrate whose poise of judgment nas ,been tested and vindioated in a succession of' national emergencies; good citizen; brave soldier, wise execu tive,.; elper and ljader of men, exem plar to his people of the virtues that and the home. "Berkeley, May 15, 1901." :It oild 'be hard to 'imagine an epitaph which a good citizen would be moiite anxious to deserve or one which would' more happily describe the qual-, ities .df -hat great.-and good citizen: whose lifa wehere, fremamoratse,,..IHe possessed to a very °extraordinary de gree the gift of - niting, discordant forces and secuting from them a 'har ,monious action which told for good government. From purposes hot mere ly diverse, but bitterly conflicting; he was able to secure healthful action for the 'good of the state. In both poise and judgment he rose level to the several emergencies' he had to meet as leader of -the nation, and like all men with the root of true great ness in: them, he' -grew to steadily larger stature under the stress of heavy responsibilities. He was a good citizen and a brave soldier, a chief executive wihose wisdom entitled him to the triist whch he received through out the nation. He wap not only a leader of men, but preeminently a helper of men;- forl one of, his most marked traits as the intensely hiu man quality of his wide and deep sym -pathy.: Finally, he'not merely preaoh ed,' he was, that most valuable of all gitizens in a democracy like ours, a man who in the highest place served as an unconsciouis example to 'his pýeo -ple of the virtues that build and con serve 'alike our public life, and the foundation of all public life, the inti mate life of the home. , Many lessons are 'taught us by his career, but none more valuable than the lesson of broad human sympathy for and among all of our citizens of all classes and creeds. No other pres ident. has ever more deserved to have his life work dharacterized in Lincoln's words as being carried on "with malice toward none, with charity toward all." As a boy he worked hard with his hands; he entered the army as a private soldier; he knew poverty; he earned his own livelihood; and by his own exertions he finally, rose to the position of a man of moderate means. Not merely was he in personal touch with farmer and town dweller, with 'capitalist and wageworker, but he felt in intimate understandinf of each, and therefore an intimate sympathy with eash; and his consistent effort was to try. to judge all by the same standard andto tiwatn l with the same justice. Arrogance toward the wea1s, and e5vions hatred of those- well off were eguafly abhorrent to his just and entle' soul. Surely'this' sattiude- of his should be 'the attitude of all our people today. It would be a cruel disaster to this country to permit ourselves to adopt an attude of hatred and envy toward success worthily won, toward, wealth honestly - acjutred. Let us in this respect profit by the example of the' republic of this western hemisphere to the south of us. Some of these repub lics have prospered' greatly; but there are certain ones that have lagged far behind, that still continue in a condi. Ition of materala poverty, of social dad 0 political uinrest 'and conafuson. With out exception the republics of the former class are those in which hon est industry has been assured of' re ward and protection; those where a dordial' welcome has been extended to' the kind of. enterprise which bene fits the whole country, while incl dentally, as is right and proper, giving substantial rewards to those. who man ifest it. On the other hand, the poor atd backward republics, the republics in which the lot of the average citizen is least desirable, and the lot of the laboring man- worst of all, are precisely those republics in which in dustry has been killed because wealth exposed 'its owner to' spoilation. To these communities foreign capital now rarely comnes, because it has been found that as soon as capital is em ployed so as to give substantial re muneration to those supplying it, it ex cites ignorant envy sand hostility, which "result in such oppressive ac tion;, within or without the law, as sooner or later to work a virtual confis cation. Every manifestation of feel ing" of this kind in our civilization should be crushed at the outset by the weight of a sensible -public opin ion. From the standpoint of our inaterial prosperity there is only one, other thing as important as the discourage ment of a spirit of envy and hostility toward honest 'business men, toward honest men of means; this is the dis couragement of , dishonest business men, Ithe war upon the chicanery and wrongbding which are ipeculiaily repul sive,: -eciiliarly noxious, when exhi bited by men who have no excuse of want, of poverty, of ignorance, for their crimes. Men of means and above all men of great wealth, can exist Ii safety under the peaceful protec tion of the state only in orderly o o cieties, where 'liberty manifests it selj:through and unddr the law, ,It is th~ie en who, more than any others, should, in the interests of the class to which 'they belong, in the interests of their children and their children's children, seek in every way, biu es pecially in the conduct of their li''ebs, to insist upon and to build tip "resect for te law. It may not 'be true from the standpoint of some particular indi vidual of this class, but in the long run it is preeminently true from the standpoint of the .lass as a whole, no less than of the country as at whole. taat it .is a veritable calamity, to achieve a temporary triumph by vio lation. or exasion of the law; and we are the best friends of the ,man of property, we, show ourselves the stanchest upholders of the rights of property, when we set our. faces like flint against those ,offenders who do wrong in order to acquire great wealth or who use this wealth as a help to- wrongdoing. Wrongdoing is confined to no class: good and evil are to be found among: both rich and poor, and. in drawing the line among our fellows we must draw it on conduct and. not on worldly pos-. sessions. In the abstract most oý us will admit this; In the concrete) we can act upon such doctrine only ii we really have knowledge of and sympa. thy with one another. If both, the wage-worker and the capitalist\ are able to enter each into the other's life, to meet him so as to get into genuine sympathy with him, most of the misunderstanding between them will disappear and its place will be taken by a. judgment broader, juster, more kindly and more generous; for each will find in the other the same essential human attributes that exist in himself. It was President McKin ley's peculiar glory, that in actual practice he realized this as it is given to few men to realize it; that his broad and deep sympathies made him feel a genuine sense.of oneness with all his fellow-Americans, whatever their station or work in life, so that to- his soul they were all joined with him in a great -brotherly democracy ofthe spirit. . It is not given to many os us in our lives actually to realize this attitude to, the: extent. that he did; 'but we can at -least have it before us as the goal of'our endeavor, and -Iby so doing we shall pay honor bet ter than in any other way to the mem ory of the dead president, whose ser vices in life we this day commemorate. Description of Monument: . The mausoleum stands on an emi nence to which has been, given -the name of Moniument Hill, about. two tmiles due west of the McKinley home in -the city of Canton. It is not an ornate affair, but its simplicity is- re I lieved by sufficient artistic embellish - (oantinued on -Eighth Page) 'AST TIME $OR TURBiNE SHIP. .New German VesseW Makes 25 LONG KHREMENots an Hour. EAM (By Associated Press.) StNew Orlermans, Sept. 30.-Abot 500he onew second cls; tubin eamster Stwent on 'strike here on the river front .today tiwhen theoday attainedw of the Leland 5and8 A.ustro-Amefican• lte. stedier. sthrt edknots an hi otton ourin the rvesseial. iHer. contrike was expeted, thewas 23,05 steamship agents having failed to C make an agreement witN the cotton screw LONGSHOREMEN 'AND TEA'M. STER6`' ARE OUT.. (By Associated Press.) men.ew Orleans, Sept. 0.-laborers 500besides thesr menlongshoremen and teastrswent oand 'strike here on the river front today whteamsters acres of. the Leland it is pos-an Astro-ble that 800 meian repesentrs'.ng estaeryt edclass of labor altton ong the rivesser wls tbe strike was expected, the, steamship comagents having failed to make volved.an AMERICA'5 CUP RO0YAL ,SWEDISH YACHT. CI.UB 8AIIj TO HAViE CH.l.I.ENGED. DID MAKE AN :iNQUIRY agreemSent Telegram Septmer 25 ton screw men. Other union = laborers besides the screw . men,. longshoremen and, teamsters are interested and it is ,pos. siblNew York Yacht Club Askrepresenting fevery class of labor Challeng the river Would Be Ac cme involved. WEDEN AT ER AMERICA'S ,CUP ROYAL SWEDISH YACHT CLUB SAID TO HAVE CHALLENGED. DID 'MAKE AN INQUIRY Sent Telegram September 25 to, the New York Yacht, Club Asking 'If Swedish Challenge Would Be Ac cepted. London, Sept. 30.-A displatch to the Ne.s. Agency at Stolckholm, simdepubi. lid today, says the Swediah Yacht cltub hiis`for1al'1 challenged the Ne'W Yo<r1r Yacht club 'fork 'series of. races 0or the America's cup. Stockholm, Sept. 30.-The Swedish Yacht club has- addressed au inquiry to the New York Yacht club as to whether the latter would. accept " Swedish challenge for the America's cu.i New York, Sept. 30.-A telegram, was received September 25 by the New York Yacht club from the Royal Swedish Yacht club, asking if a chal leilge' from the Swedish club would be accepted and what rules and condi tione govern the America's cup con-, test, SSeoetary Cornack of the New York club today mailed a copy of the re cent resolution to Sir Thomas Lipton in response to his challenge. Swedish yacht builders have a pen sion for small, smart racing crafts, built along lines that wilil enable them to' navigate the heavy Norway seas and local yachtsmen are of'the opin ion ,.that- the 'Swedish builders will discourage the building of a mere rac ing machine. FLEET FLAYED IN HEAVY SEA ROCKING SHIP8 CAUSE DEATH IN NAVY. (By Associated Press.) Boston, Sept. 30.-Wireless dis patches received today from the At lantic squadron, anchored at the head of Cape Cod bay, off Bonetable, show ed that two lives were lost, two ves sels damaged and the entire fleet givyen'a severe shaking up in the storm yesterday in the bay. The fleet was anchored off the lee shore and only the strength of their bouys and tackle saved the ships from being thrown on the beach. Lietitenant John M. Purse of the battleship Ill inois was t hrown agaitnst a hatch and eo badly injured that he died today aboard the .Minesota. 4A seaman was washed overboard and drowned. The refrigerator ship Glacier. drag ged her anchor and collided with the cr.iueer Des Molnes necessitating sendingbothl, vessels to the Johnstown navy yard for repairs. For more tha 20 hours the big ships were tumbled about in 'the bay. Nearly all of the ships had some of their crew ;.jured by being thrown w abouts In; the colti sion ;with the Glacier the Dee Moines had her stern dadly damaged and was wrecked slongl her starbdard sile, losing two davitts and the boats on them. FIGHTING DISTRICr A TONI WILL Ut ENID ErirdR OLDER POSTPONE hEARING Crininal Proceedingg May Be institat ed Against Attorneys, town ad Ash for Misconduct in' Charging 541. tor Older With L~ibel and Taking Him to Los Angeles tWithout ail (By. Associated Preies) Los Angeles, Sept. 30 -xFrancis J. Hney ' today telegraphed the district attorney's offce that he desired a C tinuance of the hearing in this d of Freemont Older, charged with iUbe1 of Luther Brown and after consultation with Justice Summerfield, Assistant District Attorney McComas 'said that Mr. Heney's gwish would be compied with, and that he had wired Mr. Heney, asking him what date would be satisfactory tohhin. Heney stated in his telegram" that he wanted the Older case to, go over until after the conclusion of the Ford trial, which he said would occupy tue greater part of next week. (By Associated Press.) San Francisco, Sept 30.-.Assistant District Attorney. Heney may insti tute criminal proceedings against At torneys R. P. Ash and Luther Brown of the United Railroads fr the parts they. played last week in the arrest of Freemont Older, "anaging e.ditor of the Bulletin, and his removal from the Ecity without pr yilHge of bil. MO~FATT WItLL GIVE EV4MEICE EXPECTS TO SHOW HOW OTHERS RECEIVE REBATES. (By Associated Press.) Cnicago, Sept. 30-According to his counsel, James A. Moffatt, president of the Standard Oil company of In diana, will tomorrow give evid.tce to the federal grand jury which will jus- tify the statement made by Mr. Mof fatt to the effect that other asippers 'in the neighborhood of Whiting d.; nd have been guilty of accepting' rebates from the railroads as the; Standard Oil. conmpaby of Indiana. It is said that the evidence which will be ,giv en by Mr. Moffatt will re'sult In the summoning of numerous other wit nesses 'and cause the goverment to piroceed against several other corpo rations, which will be named . LIVES WITHOUT STOMACH. Rev. E. R. Dodds of Anaconda Has Or gan Cut Away.' (By Special Service to The Gazette.) Rochester; Minn., Sept :30.-Rev. ,E R. Dodds, rector of the Episcopal church at. Anaconda, M1Iont, had his stomach removed at St. Mary's ho pital today. A cancer destroyed the use of the organ and it wa~ removedi by Dr. W. H. Mayo, the operation con suring an hour and: a hlt. Rev.,Er. Dodds cannot live over two years, say the sur'geons, and will have to digest his food without a stomach. BOBBY WAULTIOUR -IS HURT IN RACE ONE MAN KILLED AND THREk I JURED IN COLLISION. (By Associated Press.) ' Berlin, Se-pt i.t 30.-Oen man was killed and three, including bobby - Waulthour, the American rider, were seriously injiured in a series of acc Y dents yesterday oe the 'tand , i cycle traCk. 'DO'zint a 1 GiOtdr race a pac iealters tas' buread: A u amxb `atd t a ntt , w crossed thg track with thei assisting the, injured u s t .stantly killed by Waulthour's pacemaker, who was thrcwn to th caused Waulth r'to fa)1. sustained Rasevarer brain and wasR5 H~e iasconl4 cnitief uoneascos; nd lhurt when he bulance man. c