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Tonight and Tuesday prob bly fair; rising temperature. VOLUME XXXI. NAN PATTERSON ON TRIAL AGAIN Work of Empanelling a Jury Began This Morning EARLY ADJOURNMENT WAS TAKEN Hitch Caused by Attempt of the Smiths to Regain Letters Taken From Them. NEW YORK, April 17.—The third trial of Nan Patterson for the murder 'of Caesar Young began this morning in Recorder Goff's court. Miss Patter son was brought over from The Tombs to the prisoners' pen in the court build ing at 10 o'clock. She refused to be interviewed except to say she was in nocent and expected to be acquitted. A special panel of 150 talesmen was summoned from which to select a jury. The court room was crowded with spectators, many being turned away. fit" Court adjourned till tomorrow pend- I certain injunction proceedings, bi ought by counsel for J. Morgan Smith, to secure the return of the - th Utters seized by Assistant Dis trict Attorney Garvan at Cincinnati. Counsel for Miss Patterson opposed the motion for adjournment. Recorder Goff granted the postponement on the statement of the prosecution that the letters in question were valuable as evidence in the case against Miss Pat terson. f While these proceedings were going on, counsel for J. Morgan Smith ap i eared before Justice Foster's court in general sessions to argue a motion to inspect the minutes of the grand jury. Counsel for the Smiths an iK unced that he had secured an in junction from Justice Gaynor of Brooklyn demanding that District At torney Jerome turn over the Smith letters, but he was unable to locate that official. Argument was adjourned until tomorrow. Smith's letters were turned over to l a.s attorney by District Attorney Je 9nae this afternoon. It is said the F prosecution had the letters copied and I photographed and will produce them I as evidence at the Patterson tr'al. • $10,000,000 TO AVOID A HILL. A Two Hundred and Fifty-Mile Cut- Off Will be Built by Santa Fe. CHICAGO, April 17. —The Record- Herald today says: Official announce ment is made that the Santa Fe has decided to build a $10,000,000 cut-off to the Pacific coast with a view of getting £ the mountain grades, which now tre encountered in transcontinental travel. 1 'rdera have been given for the pur —c of all the material necessary and work will be begun within thirty days. The work will be pushed to completion rapidly and the new transcontinental I' *-grade line will be ready for open ng within a year or fifteen months. The western end of the cut-off will : ' 1 at Helen. X. M., twenty-seven miles *outh of Albuquerque on the El Pasco and the eastern end will be at sico, 250 miles away, on the Pecos Valley lines of the Santa Fe. The new road will cross the Sierra tda mountains at Abo Pass at an ration of 6491 feet, but at a maxi mum grade eastbound of one and one quarter per cent, and west-bound of sixteenths of one per cent. The line will cross the Santa Fe Central near M illard and the El Pasco and North 's* m at Llano, N. M. To War On Tuberculosis. ATLANTA, Ga., April 17.—Not only United States, but Germany, Prance, Italy, and even far-away Japan are represented at the conven of the American Anti-Tubercu- I.eague which began in this city today. The meeting convened for or ganization this afternoon in the hall °i the house of representatives of the state capitol. Dr. George Brown of called the gathering to order a "<3 Governor Terrell delivered an lir es=s of welcome. The roll call showed attendance of nearly 1000 delegates. Tnes c included not only eminent phy sicians from all over the country, but also many state and city health offi c°rs, members of congress, sanitary T»!i evening Statesman experts and others. The sessions of the congress will continue throughout the greater part of the week. Ad dresses wil be delivered by medical men of international prominence and there will be an exhaustive discussion of recent discoveries and the most ad vanced methods of fighting the dread ed white plague. Railway-Rate Hearings. WASHINGTON, D. C, April 17.— The members of the senate committee on interstate commerce assembled in Washington today to begin the hear ings on the railway rate subject. Sen ator Elkins. who is chairman of the committee, intends tha tthe present hearings shall be as complete as it is possible to make them, and if neces sary the sittings will continue all sum mer. Both the advocates and oppon ents of railroad rate legislation will be heard and it is expected that the pres idents and other chief officers of the leading railroads of the country will appear before the committee and give their views of the subject. Sons of Hermann. HOUSTON, Texas, April 17.—The Texas grand lodge of the Sons of Her mann convened in biennial session here today with a large attendance of delegates and visitors. The convention met in Turner hall, which was elaborately decorated for the occasion. Frederick Hofhainz, grand president, presided. The re ports of the officers show that the or ganization in Texas now embraces about 250 lodges with an aggregate membership of 9000. The convention will remain in session until Thursday. Elaborate entertainment has been ar ranged for the visitors. READY TO RESUME WORK BONDING COMPANY IS WILLING TO COMPLETE BUILDINGS AT FORT. Special Agent in Walla Walla Confer ring With Supervising Quarter master at Garrison. If the war department will give its consent the United States Fidelity & Guaranty company of Baltimore, Md., which is represented in Walla Walla by Dice & Jackson, will take up the work and carry on to completion the two brick barracks at Fort Walla Wal la, "which was suspended several months ago. S. Wood, a special rep resentative of the company was in the city today and had a conference with Captain Creager at Fort Walla Walla, who is the supervising quartermaster and Senator Levi Ankeny. The company furnished the bond for Goldie Brothers, who were awarded the contract to construct the building. After the excavation had progressed to a certain degree a controversy arose over the depth of the same. Captain Creager demanded that the excava tions be carried down to bedrock, but Goldie Brothers refused to do so. The matter was then taken up with the war department by Captain Creager where it is still hanging fire. Since that time Goldie Brothers have gone into bankruptcy. Notwithstanding this fact the bonding company is now ready to carry on the work. After the conference had with Sen ator Ankeny this morning the Walla Walla senator decided to take up the proposition at once with the war de partment, submitting to it the offer made by the bonding company. Meeting of Elocutionists. NEW YORK, April 17.—The sixth annual convention of the New York State Association of Elocutionists be gan today at the Polytechnic Institute in Brooklyn and will continue over to morrow. John P. Silvernail of the Theological seminary of Rochester presiding over the opening session. The two days' program provides for papers and discussions covering all branches of the profession, from kind ergarten work to advanced dramatic instruction. Rome Strike a Failure. ROME, April 17.—The railroad strike which begun this morning, was not as successful as expected. Some men refused to strike and published a man ifesto saying that they could not af ford to stop work. Trains were oper ated today with a military escort. The leaders are trying to bring about a general strike of ail workmen, but find little sympathy. ESTABLISHED 1861 — WALLA WALLA, WASHINGTON, MONDAY, APRIL 17, 1905. ARE PLEASED WITH GARFIELD Kansas Independent Oil Pro ducers Much Encouraged BELIEVE THEY'LL 6ET SQUARE DEAL The Commissioner Conferred With Congressman Campbell and With Standard Oil Agents. CHANUTE, Kas., April 17.—Com missioner Garfield today went to In dependence where he will have a con ference with Standard Oil officials who have been gathering their in an ticipation of his visit. His assistants remained here to continue securing statements of local producers. Con gressman Campbell, upon whose reso lution a congressional investigation was started, was in conference with Garfield today and gave him valuable c'ata. Local producers are favorably impressed with Garfield and feel en couraged over the progress of the in vestigation. Ohio Bowling Tourney. AKRON, 0., April 17.—Tenpin knights from leading cities and towns throughout the state are gathered here for the second annual tournament cf the Ohio State Bowling association. The tournament opened auspiciously tcday on the aleys of the Ideal Bowling club and the play will continue un til the end of the week. The program la made up of events for five-men teams and individuals. The large and high-class entry list gives promise of a most successful tournament. Cincinnati is after next year's tourna ment. Among the Boxers. PITTSBURG, Pa., April 17.—Much interest is displayed by the local sporting fraternity in the fight to be pulled off at Homestead tonight be tween Mull Bowser and John Parry. The distance is scheduled as six rounds. Both men have displayed their ability to put up a fast and scientific go and as a consequence an Interesting contest is expected. NAB WRIGHT AT THE GATE SHERIFF CULVER ARRIVES TO ARREST CONVICT WHO AIDED TRACY AND MERRILL. Wright Will Be Taken to Salem, Or., Tonight—Two-Year Sentence Was Up Today. As Convict Harry Wright steps from the penitentiary a free man this eve ning he will be arrested by Sheriff Culver of Salem, Or., and hurried to the Oregon capital tonight to face a charge of having assisted Outlaws Tracy and Merrill in their memorable break from the Oregon penitentiary over two years ago. Sheriff Culver arrived in Walla Walla yesterday from the Sound and was out to the penitentiary early this morning to make arrangements for taking Wright to Salem tonight. Ac cording to law Wright must be re leased, but he will not stray far from the prison gate before he will be placed under arrest by the Oregon sheriff. Wright was given a two-year sentence for burglary under the name of Mute hart, being sent up from the Sound. His time will be up tonight. A pal of Wright's named Monte, and believed by the Salem officials to have been implicated with Wright in pass ing rifles into the convicts at Salem, is now serving a sentence in the Ore gon penitentiary. As soon as his term expires he will be arrested and charged with the crime. Wright has already been indictjed by a Salem grand jury. Sheriff Culver will leave on the 10:15 train tonight with his prisoner. TEN HOUR LAW IS INVAUD United States Supreme Court Kills New York Law SAYS IT IS UNCONSTITUTIONAL The Law Prohibited the Working of Bakers Longer Than Ten Hours a Day. WASHINGTON, April 17.-The U. S. supreme court today held unconsti tutional the New York law making it unlawful to work more than 60 hours per week or more than 10 hours a day in bake shops and confectioneries, thus reversing the judgment of the lower court. In "All Star" Production. NEW YORK, April 17.—Metropol itan play-goers are displaying keen in terest in the "all-star" production of " She Stoops to Concpuer," which is to be produced at the New Amsterdam theater tonight. The production is along the same lines as the memorable revival of "The Two Orphans" last spring. The cast includes such emi nent players as Miss Eleanor Robson, Miss Clara Bloodgood, Louis James Kyrle Bellew, Arnold Daly, Henry E. Dixey and J. C. Dodson. Following a four-weeks' engagement here the com pany will make a spring tour of the large cities. Canned Goods Men Organize, BUFFALO, N. V., April 17.—Promi nent packers of canned goods from va rious parts of the country began a meeting here today to consider the formation of a national association, with the object of looking after the foreign trade more carefully and keep ing in touch with national legislation affecting the business. Architects In Session. PITTSBURG, Pa.. April 17.—The Architectural League of America be gan its sixth annual convention in this city today with headquarters at the Hotel Schenley. Leading members of the craft from every section of the country are taking i nthe meeting, which is to last two days. STEAMING FOR FORMOSA ROJESTVENSKY'S FLEET IS MAK ING FOR ADMIRAL TOGO'S RENDEZVOUS. Vessels Reported to Be in Good Con dition —Now Making Ten Knots an Hour. HONG KONG, April IT.—The steam er Brynhilde, which has arrived from Bangkok, reports that three Russian cruisers stopped her last Friday 60 miles south of Cape Padaran. After searching the vessel they allowed her to proceed. The captain counted 33 Russian warships, which appeared to be in good condition, steaming north east at the rate of 10 knots an hour. Cape Padaran is 150 miles northeast of Saigon. The course indicates that the fleet is headed for Formosa straits. Naval Orders. ST. PETERSBURG, April 17.—A large number of naval officers have been ordered to Libau for duty in con nection with the preparation of the fourth squadron which it is proposed to send to the far east. Like the Flying Dutchman. LONDON, April 17.—A dispatch from Hong Kong says that a portion of the Russian squadron was seen last Sunday in Turan Bay, 350 miles north of Kamranh bay. Seen by German Steamer. LOXODX, April 17. —A message to Lloyd's- from Singapore says that the German steamer Devowongee reports passing the Russian fleet the morning of April 14 about latitude 13 degrees north. The vessels were "laying to" at the time. British Steamer Confiscated. NAGASAKI, April 17.—The appeal case of the British steamer Nigretia seized by the Japanese cruiser Tsuhma and condemned, has been rejected and the vessel and cargo confiscated. Had Been There Two Days. TOKIO, April 17.—1t is calculated here that the Russian squadron ar rived at Kamranh bay at noon on the ISth and therefore had been occupying that fort for 48 hours when seen at neon April 14. Japs Capture Many Colliers. LONDON, April 17.—A dispatch to Reuters from Saigon says that the Japanese have captured a large num ber of colliers along the coast. Government Takes Panama Railroad. NEW YORK, April 17.—The federal government formally took over the property of the Panama Railroad com pany at a meeting today. The follow ing directors were elected: Theodore P. Shonts, Chas. J. Magoon, Peter C. Haines, Oswald H. Ernest. William Barclay Parsons, J. R. Deobaldia, Ed ward A. Drake, John F. Wallace, Mor dicai T. Etidicott. J. B. H. Harrod, William Nelson Cromwell, Clarence Edwards, Conger L. Farnham. Shonts will be president of the board. Portland Jeweler Robbed. PORTLAND, April 17.—Without using a grain of powder, cracksmen opened the safe of the A. J. Cromwell company, dealers in jeweler's sup plies, and secured $1200 in gold and jewelry. There are no clues. BIN6ER HERMANN PLEADS OFFERS DEMURRERS AND PLEAS IN ABATEMENT TO INDICT MENTS AGAINST HIM. Arguments on Senator Mitchell's Plea in Abatement Are in Progress Be fore Judge Bellinger. PORTLAND. April 17.—Congress man Binger Hermann was arraigned this morning in the federal district court on land fraud indictments. He entered a plea in abatement and de murrers. Thaddeus Potter, W. N. Jones, former U. S. District Attorney John Hall and other defendants, were also arraigned and entered abatement pleas and demurrers. Arguments are in progress on Senator Mitchell's plea in abatement before Federal Judge Eellinger. U. S. Attorney Heney offered proofs and affidavits of the regularity of the grand jury proceedings. Objections were taken. Adjournment was made till afternoon. State Senator Edwin Mays. E. K. Brown and Daniel Clark pleaded not guilty. To Investigate Rate Question. WASHINGTON, April 17—Chair man Elkins called the senate commit tee appointed to investigate the sub ject of a railroad rate bill to order at 3 this afternoon, seven members be ing present. The committee immedi ately went into executive session to consider methods of conducting the inquiry. A Fratricide Commits Suicide. STOCKTON, Aprii 17.—1n a fit of rage William Mohr shot and killed his brother George Mohr at Mohr ware house, four miles south of Bethany this morning. The murderer then locked himself in a room and while the constable waited outside for the ar rival of a sheriff's posse from Stock ton, suicided by blowing out his brains. Governor Signs Cigarette Bill. MADISON, Wis., April 17.—Governor La Follette has signed the anti-cigar ette bill. The measure prohibits the sale or manufacture of cigarettes or cigarette tobacco or paper or the giv ing away of cigarette paper, and goes into effect July 1. Contested the Fair Estate. PLAINIFELD, N. J., April Hannah Nelson, mother of the late Mrs. Charles Fair, wife of the San Francisco millionaire, died at her home in Newmarket today. Boodling Senator on Trial. SACRAMENTO. April 17.—Ex-Sen ator Bunkers was placed on trial this morning for accepting a bribe. The day was occupied in selecting a jury. LOCAL WHEAT QUOTATIONS, Blue Stem. So cents Club. 74 cents f.o.b NUMBER 338. BENSON LOSES HIS APPEAL United States Supreme Court Sustains Lower Court NO WRIT OF HABEAS CORPUS 60ES Is Accused of Bribing Officials of Gen eral Land Office to Give Him Secret Reports. WASHINGTON, April 17.—The U. S. Supreme court today rendered an opinion affirming the decision of the Lnited States district court of New York, holding that the application for a writ of habeas corpus by John A. Benson, the millionaire real estate operator of San Francisco, was prop erly dismissed and that Benson will have to come to the District of Colum bia to be tried on the charge of brib ing officials of the land office to give him secret reports dealing with the land frauds. The U. S. supreme court today de cided that the case of George W. Bea ver, former superintendent of the sal aries and allowances division of the pcstoffice department, for alleged con nection with the postoffice frauds, may be removed from the New York to the District of Columbia for trial. ROOSEVELT HUNTING BEARS. The Deep Snow Interferes With Suc cess of the Chase. GLEXWOOD SPRINGS. Colo., April 17.—Secretary Loeb has not communi cated with the president since Satur day morning when the start was made. The report that the prudent killed a large brown bear Saturday afternoon has not been verified here. Henry Doepler, a ranchman, who lives eight miles from the Roosevelt camp, arrived in town this morning and reports a heavy snow and very deep. No bears have been in sight for two weeks. The president's camp is being moved southward today to get away from the snow. The chances are the next fortnight will be devoted to mountain lion and bobcat hunting. It is announced today that in addition to his visit to Denver the president has accepted an invitation to three func tions in Chicago. These will be the only formal affairs of the homeward trip. WINGARD ON TRIAL. Electrician Is Having Hearing in tha Justice Court. C. L. Wingard, the electrician who was arrested at the instigation of the Northwestern Gas It Electric com pany, was Riven a hearing in the jus t:ce court this afternoon, and was still in progress at press time. Wingard Is charged with tapping the wires of the electric company for the purpose of attaching electric lights in the Office saloon. Stranger Steals Boy. SIOUX CITY. April IT.—A strange man, said to be John Oleson and be lieved to have a mania for kidnaping boys, is causing no little terror here. It is reported that he stole a little boy at Wayne. Xeb., and kept him in a slaughterhouse several days, bringing him to Sioux City yesterday. A stranger answering his descrip tion stole the 6-year-old son of John M. Tucker of Blunt. S. D., who was at the Chicago house with his parents. Xo reason is known for the man's strange action, and no trace can be found of either boy. Craby Mothers Slashes Children. SUPERIOR, Wis., April 17.—While in a supposed state of temporary in sanity Mrs. Oscar Lomoe slashed the throats of her week-old daughter and 6-year-old son with a razor, and then attempted suicide by cutting her own throat. She is conscious, but her chances for recovery are small. The children will propably live. 11l health is supposed to have tem porarily affected. Mrs. Lomoe's mind. Except for the appearance of the ser vant employed at the house, who heard the boy's screams for help, it is prob able that all would now be dead.