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This is thp beginning of the outing sea^ son. If .you want to get the, most out of. it, begin by reading the splendid Outing Number tomorrow of - ! The Sunday Call VOLmiE Cn.— XO. 8. Prosecution Presents Circumstantial Case Against Schmitz Defense Assails Orchard, but His Story Kemam IJnshaken ..-\u25a0.- - ' : \u25a0£\u25a0• -iTt*. .. . •-\u25a0•' .-'•L'-r.'.W .\u25a0-.; - -\u25a0; .\u25a0•\u25a0-;\u25a0:.;..\u25a0\u25a0-\u25a0.-. v^ t ;/..^:;.*,- .— - . .' \u25a0: v,. ;:' ;,'-..\u25a0 ' •.T:s':' s \.---W?*- - \u25a0\u25a0\u25a0 -\u25a0 -,' -.-: Hih' " ' \u25a0\u25a0\u25a0\u25a0.-\u25a0 - i v. -..:\u25a0- . \u25a0 :._: ._ ;•,.\u25a0•. .-• - - ;. : .:,-; •- • ... HARRIMAN CAN'T BE PROSECUTED AS A CRIMINAL Magnate Immune 'Because He Testified Before the Commission ROOSEVELT DECIDES Notable Conference Is Held by the President and His Advisers BONAPARTE TO ACT Will Proceed Civilly iri the Alton Case if Possible WASHINGTON, June 7.— That E. H. Harriman, the ralroad magnate, is immune from criminal prosecution as the result of his testimony before the interstate commerce commission in New York recently ; that the question of prosecution of bituminous coal carrying railroads should be left in the hands of the attorney gen eral, arid that prosecution of the anthracite . coal roads shall v begin in Philadelphia, prob ably -i~ next week, were conclusions reached at a notable conference held at trie \u25a0White House. The Harriman case and the cases of the coal * carrying roads' were discussed for three hours by Pres ident Roosevelt, five members of the cabinet, two members of the interstate commerce commission and special coun sel for the government Following the general conference At- i torney General Bonaparte remained! with the president to discuss the so- | called harvester trust. ' It is thought not improbable that the question of; prosecution of that organization will j be left in the attorney general's hands. The roads involved include the-Dela ware, Susquehanna and Schuylkill. the Philadelphia and Reading, the Lehigh Valley, the Delaware and Hudson, the New York, Susquehanna and Western, the Delaware, Lacka wanna and West ern, the Central railroad of New Jer sey, and the Erie. The Pennsylvania nn<3 one or two others may become in- j volved as the «uit progresses, but «\u2666 this time no formal complaint will be tiled against them. Those who participated in the con ference were President Roosevelt, Sec retary of State Root, Secretary of War Taft. Secretary of the Treasury Cortel jou, Interstate Commerce Commis sioners Knapp and Line and Frank B. Kello?? of Minnesota, special counsel . for ihe government. The discussion took on a wide range. Much of the tirae was given to the Harriman-AHon deal. Every phase/of that transaction was thoroughly gone over jand the discussion was partici pated in especially, by the president. Kellogg. Attorney General Bonaparte nnd Commissioners Knapp and Lane. The conclusion was promptly reached that however damaging the evidence might be against Harriman, the testi mony that he had given In the inter- \ state commerce investigation had: gained' him complete Immunity from criminal prosecution. Knapp explained that he did not com- ; pfete his investigation and therefore was not prepared to give a: definite; opinion as to the sufficiency of the \u25a0 evidence to warrant the government in * instituting at this time suit to nullify the Alton deal. As soon SjS . the interstate . commerce commission has completed . its hearing in the case a report will be made "to the attorney general, who will at that time take charge . of the matter and determine whaU if any. action shall be taken. It .1b not expected,, therefore, that, any suit will actualiy be begun lor com* time." XhV_guest!on of prosecution of "the bituminous coal carrying roads was dis cussed^at length,' but /the; matter was left in the" hands of the attorney J gen^ eral for) Vuch action as ; he might see fit to take. iThere^ appears ; to be'some question' as to whether 'any. action will be taken in the immediate ; future. The prosecution of. -the anthracite ;coal carrying roade .will in , all probability be begun in Pennsylvania within the next we«£fiHHKg MMdJ-gii The San Francisco Call. INDEX OF THE SAN FRANCISCO CALL'S NEWS TODAY TELEPHONE TEMPOJURV 86 SATURDAY," JUNE 8. ISO 7 WEATHER CONDITIONS TESTERnAY—^?le*r;* maximum temperature. 62; ' minimum, M. .' : FORECAST FOB TODAY— Fair; trteb west winds. : Pa*e 11 EDITORIAL w . \u25a0\u25a0\u25a0 . A grafter's fairy tale. « '-•','. " Pate 8 Of the maklog of laws. Face S A Tlolated coofidenc*. •' P»s« 8 SalTatlon by catchwords. ' -; . Pago 8 . Th« administration under fire. Pace 8 STRIKE SITUATION District Attorney L&ngdon takes up Ja*«>«tisa tlon of shipment'of dynamite to cannon and will lay. matter before the grand' Jury.' " Fa*e 4 C«roner*» Jury - reoommpoCs prosecution, of strike breaker LaMai- for snooting' Walgh, bnt refese* to make murder ' charge, Detectlre Gra-. ham's testimony barlng'cast doubt la case. P. 4 GRAFT Graft presenters . present , circumstantial cat-c against Schmltz In the extortion chargee^ P. 1-2 . Committee of 10 submits list of ' businessman to major for selection of. a police", coinmls-. \ i *ioner. - '. r; j Pa*e 2 Delmas attacks "grand Jury system in argu ment <»n motion to set aside the': indictment • gainst Glass. '' Pa»» 2 CITY Commissioners, decide that firemen will be granted regular, vacations \u25a0 and : criticise ! super-, \u25a0visors for meager > appropriation. ". •; Pag* S P. n. McCarthy building trades couniil opposes Vice President M. 8. Sulllran In In ternal war In linemen's union! * . Page 6 Captain and. crew of -rerecked tugboat Wizard rtn cb port after ' thrilling experience on sunken cfaft. Pag« 16 . Detective . and , give chase to darJa, thief," \u25a0wiio -Is finally ' captured with "stolen \ coin In bis possession. -.'\u25a0 -. ';"-.;"/- P*«« 16 . Call's", exclcslre report 'of Phelan's ! success ;.uu Hetcb Hetchy project' I» received -.witlj muc?» interest.- ". — - '-^ ;-':,-\u25a0 j Federated^trater cOTinlttee^w-lll^reccniinend i<> snprrrisors 1 that j larger ' allowxnce *be made to \u25a0Sp»lfii:.:V»lley;cooir«!3'y." ' • \u25a0 ' ',:\u25a0_ - 1 Pi»»:8' Irtia - trades . council and ; metal; trade* * associa tion cinnmittees meet"and" declare sttike'otf .*; P.* 8 " ", Robtvcr who 'changes = .plea-is i trie<!,'-con»ict*J Janfl sentenced i within • 45 \u25a0 minutes.' *- ',"\u25a0*; \u25a0*; Pass l l6 I .' Bar i association • may prevent 3 the ?. assignment of ciscs to Judge : Hebbard,' pending impeach*." ment proceedings \at next lesislatnre. - - 2tgi 16 SUBURBAN" City's' counsel, confer over water front Im- i provement plans ' with Oakland's council an 4 i boarJ of public works. . B Pare ' 10 | TVlfe of former.State Senator Simpson : In court swears but complaint charging him, with, nonsupport. , Paga'lo Berkeley , police . dlscorer that missing j doctor^ Van | Tassel!, carries 914,000 life Insurance ao<i j owes $1,000 to' friends. r Pace- 10 Miss* Lena Chase •of " Berkeley, daughter : <•{ capitalist, despondent because of ill health," tills herself. Pace 16 \ Mrs. Harriet Marks, wealthy Oakland womau, i secretly married to Samuel Samuels, . \u25a0 the Jeweler. Pace 10 COAST • • - Counties committee convenes at Tetaluma and adepts resolutions .-strongly, indorsing- President j Roosevelt* forest policy.' - - '"Pag* 2 Ten prisoners escape from Santa Kosa jail after beallog keeper and taking .keys* from him. \u25a0 Par* 6 - Realty - men In seaslon in San % Jose .'adopt ] resolutions favoring use of the Torrens .sjs j tern. ; Pace 11 ! Heavy chain wired to tracks in attempt . to j wreck passenger, train on the coast line Tip 3 DOMESTIC^ Buplnecs^in the east still suffering because of ; adverse weather. .. Page" 11; Harry * Orchard undergoes, furious cross - w ex'- : amination, ; in which his : dark career , is . fully | exposed, bat keeps intact his revelations against the "inner circle." ?•*• * Heport'of Secretary Metcalf shows, wonderful improvement In marksmanship of navy. Pace' 3 President : and . advisers decide jat \u25a0 notable • coa"" f«rence that E. H.' Harriman cannot be.pro*e cuted criminally. , / Page 1 Oakland defeats Los Angeles team by • a score ' Defeat of Lisaro In the Heartless handicap ; gives a - tad ' blow to form . players , at - Emery ville. flßgl^ggjg^pgace 7 " Olympic clab memberi are '\u25a0 aßfesse*-$100, : to be paid in ; four installments. . '.:-.:: -'-Pace ,7: , « Bad decisions at California clnb fights 'nearly . cause a rlot?Jp^SBj^@gßHg^||B Page 7 Sydney Pelxotto : Is -; elected f president [ of .' the Pacific v - athletic association -to ; succeed :: Flt« patrick. ; V \'-~ .Pac,eUl N> me .of -the \u25a0 promoter ,of the ~ Britt-Xelson flgbt will be announced tonight.' 7 Pace 7 LAnoii f ; i \u25a0 Delegates ' of . pressmen^B ! union leave for con • ventien at 'Brighton' Beach, X. Y. Page 9 MARINE r , • Coptic arrives from - orient with . cabins fillad Slight rally . takes place In : the minlDg stock market land * Nevada shares 'advanced v ' Page 15 PLACE YOUR "^TSr A l^T^l^ A ¥"\d FOR THE ' Sunday Call THIS MORNING Send them to Main Office: or through- Branch Urnces or telephone them- SAIST r^MCIMO^ JSyiDENCEpfkclrcumstan-; tial character was brought}} out at the}. Schmiiz trial yes- .*\u25a0 terday, tending . to prove ,' that the Indicted mayor was awmtep. that the owners '[. of French}, restaurants bad -paid* bribe ; money to* Rue f when their^ //•?\u25a0 censes were in danger. - SKETCHES OF ASSISTANT DISTRICT ; ATTORNEY ' PRATI CUk/j'Sv- HKH JB T,* ADE • Iff? COURT { YESTERDAY BY V .. ; "AJtTIST:'YARDLEY^Oir^HE;CALL < S'ART:^TX^<^^^?;f' i:; l''v;^: ,'m' f 'V-i ' '[rk-- : ] r's V :>: > ' <\u25a0'-\u25a0'•/\u25a0.- '.\u25a0 Story of French Restaurant Holdup Is Told in Court Testimony Shows Tl^ Promise That Gontri^i^^ I If any dqubtas to the^c^rac^J6^^e;sB^ ers paid Abe Ruef ever existed, it -was^npt in the^riii^ money. /;;\u25a0 .:..-:''• \u25a0(-;• i?^.SVr^H>..V:V-v^v.vn^Jri : --. : -\..7:r.>. : :,' \u25a0\u25a0\u25a0>.\u25a0'". \- :\ ?^ \u25a0;\u25a0-\u25a0-): The restaurant men- who knew they were; pay mg> for official pr^e^io^;O^ trying May or ;Euge^ character of their testimony has lonlyUer^ evidenceithe prosecution is^forging^^und^tHeTd ? -. '; ;\u25a0, ( ' :' r J ! Nor ;is that all the hariii^ I^etr^taurant^ men^haye .done? the \ defense^ ;By -"-the strongest kind of circumstantial • evidence^tliey t^ Kiy e substantiated •• the > prosecution's claim that the mayor was a party^tlie; J deH|^r^ itm^ JstiUjdoj^bt: the prosecution's ability; to convinw r a^iir^^^t lie wa^ je^ed;on tKe; French jrestauran that they; never laid under any! mi?a^ or by whom the blackmail was perpetrate^:;: '-^ v ' r V^ '\u25a0'\u25a0'\u25a0'- r ' '-' : TESTIMONY AGAINST' SCHMITZ^K^ONVINCING . : . ' TlieHKird day of J His' trial was^iunpl :The>pqsitive asseHibnsrbf his^victimswere hot^ The7skill;of; his chief 'c6uhsei^J. ? C.(Ga^ to2strengtfon2them> had -paid^for protectipn; but ;i^ Ruef; T^y^also told tHe; jury ;tnat^i% thatldid 'not >fail jto;gepthro bribery route ;to:; to: thejcljerisheii ehaye^^ . ; ":' : :' •; > .'.•" :' l '\u25a0 Tlieh; too!- the' first real leffai^batH Schmitz^ The^mayor scowled^and court?- 'He^saw;tlie^fee":defehse?riddled^ absolutejy c^nfiniiatoVY distirictn^ tKeicourt rule that theiprosecuHbnimieiit'sliowlthat't what.he had, tolddus partners :m the corruption- fund. . - • vr . : -- •• r\* INDICTED MAYOR HAS A BAD DAY IN COURT • ' r : r ' " SchmitzlKeard^eam^ arid that it;w¥s^he who suff^stedthe^mployment?^ ant^men- -^hevmayor heard^MaxoAdler/of^thevßayvState'telU the^/junv how^Hevwas rcpmpelled|tolcontnbuteltoltliejnrstlinstalimentgof^the^feer>to^» and 'how^whenihe^wassfreedsfromtdebtyhe^r^fused^tolbuyHurtherl.protection:^^ *»'n: George A. Van Smith murdering.mates l ; a! traitor to his partners, turning informer because tie was jealous'bf their selection of another to do an easy trick of .{fain^wrecking £ar traitor.Vto'v his '. new detective employers, giving hthem'the double cross as soon as he found that he could get pay j f^th^moreiatti^tivci^wk^of ; murdering^ and dynamiting, and, in man .whose Jif e»had been : admittedly depraved before he [entered .the. prof ession\, of murder- for - pay: f|; : 'COrc^ of the crime of \u25a0uigimy/.'v-? - jL^> - *\u25a0 ' r • \u25a0\u25a0— •< •\u25a0 >VH''You married a* widow: wita-two*: children, didn't you?" asked i".^ii'No;^wthvttfMi^;s^di«n," replied. Orchard, unshaken by the charge.' ' ; ' ' ' " ' ;,»'; The : ;care J »with which \ Orchard answered Richardson was a sam ple;of.,the l exactness * with 'Jwhich he answered all questions during the t four arid ',a i half i hours .that, he*was under. examination today. It \u25a0w.as .ding'dong^'haVnmer 'and "tongs, -all day, and time after time •Richardson 1 ; picked' up » a • statement that Drchard^ had made, and modifying ,itrs6metimes!siightly and sometimes to a greater extent, rnade[it.'the.basis J of.an6ther:question. 3 ; .'.Not i ojrice/didiQrcharicl . permit the cnange to go unchallenged. Soj™:times;i^ I said thus and 50"; sometimes it was, ; "I . beg your" pardon , it was this way" ; oftctwr it .was-.justrplain"No;)L didn't say that." The witness was alert and cddl l all;tHe : tirhe,«watch*ed.his questioner like a hawk and never sub smbedito>fstateme > nt \u25a0 iintil it was in the \ form that suited him. jORCHARIVS iSTORYv NOT SHAKEN BY DEFENSE y:^ -The'- net result 'of « th*e entire day's work, the reforc, was that his story;* of murder \was unshaken, • and that seme of the points that lie : had* made' on "direct" examination had ; ;l>ccn emphasized by the defense.' '"'The ' nearest' approach to a successful attack tiiat Rich afdson.'succeeded^injmakih was on the treachery to his mates that Orchard^hadv firstTadmitted/to „ Ha wley. '\u25a0' ; examinaUon'', did bring -,ut- that Orchard -had taken ' mone^frjom D.^G.|Scott;\tKe rri?road detective, and had reported to \\ coKTVfxns.r> os pa€b .4, coLxmx i.~: Impertinent One s iion No. 2 I-, . Why Areii'tHusbjnils Happy? . \u25a0 wittiest answer to this ques ; vbon^and.ithe bn^ Gall will •^^^pi|iS^!^tja!^ Fdr^the next five -._'v;/Prac^wjnnmg'a^wos will be printed next Wednes - \u25a0 ri- 'x Make your answers short; and address : them to Ux - :: *;^ SSPE^P^ \u25a0\u25a0•"•\u25a0;!". \u25a0\u25a0\u25a0\u25a0'\u25a0.-,\u25a0 \u25a0\u25a0:: \u25a0 \u25a0 .- -.-' \u25a0: \u25a0 THE^GALL. " Prise"] AmW«it«l to ifHow Cum .Ten Tell a 3Maa * from . Loa Angeles f* "i |5 ; prize ti^. E.^ E. Purrlactea, {468 . Frederick ttreet.* Sj n Francisco. - iv/By'hit-deiiira^tb^Mvlde^hU'atkt^hts'-Vbiwtry, everything but hla 3 xnoncy^ '\u25a0\u25a0?.' \'.\ -V7";^/'"V 7 ";^/'" r ? 1\ v?: ';'•:. '*• J-f^'r i^l\'' .' . ; ; :'sl prlxe^to iMni.,: Margaret •.^itcotno.-Mniiyaileor— : 'J '. 1. 1 -"slnaplyjcannot'' tell* a 'man; from^'iioa Angeleß, "» l \u25a0.would' rather tell ' •"; the ''grand^ jury." ";'--~K'~-- : ' } ' r iy"?.^?.'y~:'' •- "\u25a0'* ' * : " ; " \u25a0\u25a0'\u25a0'\u25a0\u25a0• -''•<\u25a0' . ""Hfprlae^to D.yai.}l>nffy.;lB<»^Treb«ter etreet. San Francisco. V. I; H'A*on«:lung v man>with!a >two" lung:blufT. . .' :^^ll^eeUo?El|^o^D^^^ B^i^~r i^V- 0 « kla ? <I - v \u25a0''TMakeXa^ojsellikV'a^telephon bis ears. ; ;.'..; 'II priz» to Carlln V.' 1632 Co ion street. 3a a FrandeVjJß V \u25a0.;. sßy "those e little .copper r pennies. \u25a0 •/. y . - ll^priie 'to ' Mw.JHrc. « Waiter/: 175} A lpin« - street, Saa FrancUco. t;n^^Helhati«jtolapend^^h"oleinickelJln one \u25a0tore. * All'that is best in outdoor life and sum mer sports and t pastimes in California .is described \ and pictured , tomorrow in , the The Sunday Call * PKICE FIVE CENTS. Bomb Murderer's Dark Record Recitals Against "Inner Circle" \ Kept Intact Holds Up Well Under Lawyers' Cross- Fire Oscar King Davis . -BOISE; Idaho, June 7.— Harry Orchard's unlovely' character wa3 the. target for a few more attacks from his own battering ram today. and, under Richardson's cress ex amination it was established that the confessed murderer of 18 was also a poker player for money; a thief of high grade ore, who was not particular whether he stole from his mining employers or his