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