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FAin TONIGHT AND SUNDAY.
1 ' 1 AIL Y CAPITAL JOURNAL ""T SALEM, ORBGON'i SATURDAY, JULY 27, 1007. NO. 107. , xvn. . , . . , '; .. - - AYWOOD'S FATE WITH JURY I "" . - . . . .. ..I...I ? - .-" ' rn.,., .. ,,...., i .,,., .. ., . IM..,-......M. I W I . . I rtland Autoists Make Flying Visit to the Capital TO DAY IN SALEM tltlER IS IDEAL five Machines Enter the Con- .Contestants Take a Jolly Din- Together At the Willamette-- Portland Ladles Enjoy the flng Drive Els auto day at Salem, the being the first station In the Vlllnmotte valley endurance co of 135 miles. Tho first ir to nrrlvo wad tho 40 horBe- ford, driven by P. P. Baum- of the Oregon & California blp Co., who pulled up at The (Journal ofllce at 10:40, with sengers. It was a raorry raco nmcrclal street between him Mltchels that chased him and all cxccccdlng tho speed Keats, who wont out of Port- No, 1 of tho 25 macblnoa, went Into tho ditch hnlf way to Salem with his elegant Matheson, and was not expected to arrive. At Salem tho autoists were met by Otto Wilson and Joseph Albert, as control keep ers and gasoline supply men, tho machines all being allowed to tako in fuel onco on the trip to tho capital. They were greet od upon their arrival by Dr. Robert son and other local machine drivers, and tho number of cars that pulled into Salem breathing heavily, and with more or, less flat wheels, was not small. The repair gangs got busy, and tho crowds gathered around the disabled puffers that were got into commission. First Party In. Tho first enr that arrived carried Mr. and MrB. Daumgartner, Mrs. Tll don, Miss Glover and Mr. Terry, as sistant to the owner. They all de clared tho weather perfect, a cool day, with Bky overcast with clouds. An hour and a half was allowed for rofreshmonts nt Salem, and about 80 occupants of tho endurance party took lunch at tho hotel. Tho tables wore decked with roses, In honor of tho party from tho Rose City. Tho test consists of the rnn from Portland to Salem and hack via McMInnvlllo and Nowbcrg. Fonr cups aro to "bo awarded, and a sweopstakes cup by aro In two classes, class A machines arc in two classes, class A michlnoB of $2500 or over; class D machines of $2000 and nofovor TJ&I300. Where Kcntn Wns Wrecked. Comjng down a hill "between Now LONG f, TRIAL ENDED IN HANDS OF JURY Jury Retired At 1 1 ;05 This Mooring Opinion Is General That Jury .WHI Not Agrcc-Judgo's Charge Contains fifteen Thousand Words (Continued on puge eight). mm store PEOPLES BARGAIN HOUSE o v Our id-Summer tearing Sale be a record-breaker, Judging from tho crowds of people that did pdlng hero on Monday. There will be no reserve In regard to We want the room for our fall stock, and we mast have It If e to soli the goods at half their regular prico. This salo Is I' All OVer thrt Btnrn Tin niottur Vnnr nntir on.l im-tn.ilatA th Out they have to go. Trade at tho Busy Store. wands of yards of lawns, M and challles, half-price. ginghams, half-price. yards of 12ACIndia Lin- rd 7UC. show the greatest stock of lc in Salem, and at the prices. nts of calicoes. ad silks, half-price. dress Tho only people In Salem that show the new College shirt waist; prlco tho same as In New York, $1.25 Prices on hosiery and all kinds of fancy goods slaughtered. If you want the smallest price? on millinery you ever heard of como to the Chicago Store. . Prices cut to the quick on hun dreds of other articles all over the store. BALEM'B FASTfifiT GROWING STORE. McEVOY BROS. -UUL AXD COURT STRKBTf. Boise, Iadho, July 27. Tho ora torical offortB of attorneys for both tho stato and defense in tho Haywood trial woro sot nt nought today by Judge Wood, wno, as presiding Judge, had tho last say. His clear rsx ompllcntlon reduced to dry facts tho real kernel of Oils famouB murder case. Hnywoofl, tho court plainly stated, Is on trial for the murdor of Stonmmborg. ,On tho surfaco tho instructions Tvould seom to firvor tho defense, "but In real Tact tlioy favor tho Taw of Idaho. Tho Instructions aro prouaTjly tho most voluminous in tho -criminal annals of this country. Tiie summing un requiring 15,000 jworils. Wood Insisted the Jury must toirv'Ict, 71 at all, -after, roRBo.Hablo doubt hd boon . removod?and he coTofully 'analyzed what n Tcasonnblu uoubt ls,.nccording to tlie law. "If It "Is possible for yon to Tcconcllo the facts In .this caso upon -any renson nblo theory consistent w"tth tho inno cenco of Haywood, It Is your duty to do so, -and to find n verdict of not su'ttty. Tho burden Is on tho prose cution 'to provo a conspiracy was formod, -and that In Its oxecutlon TJomo one of tho parties "killed Stoun onborg. Tho burden Is upon the prosecution throtrgnout, and novnr Bhffts to tho defendants. Thoreforo 'if tho prosecution failed on each or ovory one of these facts, you shonlfl acquit. You are further Instructed that such a combination or consplm- cy cannot bo eatnullBhctt by tho un corroborated testimony of nn ncom- Ttfice. Plunging In to Orchard' J evidence, tho Judge wont to Biit imiuB uj bijow inai n icust Tro carefully nrelghed. Ho said: Tho Jury is Instructed that Orchnrd -claims ho is an accomplice In tho commission ' of tho offence clnrged In the indictments. Undor the statute this person cannot be con victed of a crime npon tho testimony of an accomplice, unless such accom plice is corroborated by other evi dence., -whicli of ItBelf without the aid of tho testimony of tho accomplice, tends to connect tho defendant with tho commission of the offense charged, and tho corroboration Is not sufficient, If itx-meroly shows tho commission of nn offenso and the circumstances thereof. Tho lav vlows with distrust testimony of an accom plice on account of tho mottvo ho mav Mare for lavlncr rnsnonslhllltv Jof his crime on another, when by so uuiiik no umj' Bcuiiru immunity iur his own participation." If you be Inftho first degree, murder In tho second degree, or manslaughter, or you may find him not guilty." Inywood was surrounded by his onUre family, and looked decidedly perturbed and nervous. Tho court roobi was crowded during tho reading of tho Instructions. The Jury room is a stuffy apart ment 8x12, the furniture 12 hnrd bouomed chairs and plain deal tables, and the sun streams down on tho roof, adding to tho tomporaturo within. qn tho lawn below armed deputies keob back the crowd of curloiiB, who strive to get close to tho building, nB if to penetrate If possible tho se cret's of the Jury room. When the clerk called Haywood to tho bar, Haywood showed for tho first tlmo tho extreme physical Btraln he has been xmder. His face was drawn nndj haggard, but his determined lips, wero set. Ho gaaed stcndfaotly Into the face of each Juror as ho filed past him In a hopolcsB endeavor to loam If possible how ho felt. Every body connected with tho trial is ex hausted, as the heat has been unbear able for the past six weoks. , Alaska Volcanoes Active. c valdcj., AlttBku, July 37. Monnte Blackburn and Logan have become actlvo volcanoes, according to reports or natives and prospectors, who aro flee ing Trom tho vicinity. Thcro lias Tjoon n Btrange runYbllng Tor "Bevornl dayB, and Btnoko Tinfl steam are now lesalng fnrn' tho ncnkB. - - . STATE VERSUS NATION MUDDLE INCREASES State Courts Issue Warrant For Ar rest of Railroad President Flnlcy, and Federal Judge Prltchard Re leases Him On Habeas Corpus. MM Ashevllle, N. C July 27. Presi dent Plnley, of tho Southern Rail road, was arroBted today upon a war rant Issued by tho Btuto authorities in tho rnto war muddle, but wub re lttiBcd on habeas corpus by Judge Prltchard, wIioho actions cauBCd (ko Btrnlned relntions between tho feder al and stute autborUlcB. A wnrrtunt waji also issued for Ticket Aent Wilson, of tho uarao road. DROWNED AT TDK DAlililSS. Son of Register of tho Jjuid Olllco C. W. Moore. Tho Dalles, Or., July 27. A satt drowning accident hnpponcd Friday morning about D o'clock, Ray, 15- yenr-old son of C. W. Moore, reglator of tho land office of this city, boing drowned while bathing on thaj Regu lntor dock. Ho and another boy wore diving from tho dock. Ray dived; rose twico, and wns not soon after ward. Tho body was rccovored la tho afternoon, Mr. Moore's family consists. et w BOn and daughter, and tho loss of tho boy Is a torrlblo blow to tho pa rents. Tho mother, !b ill with grief.. Tho boy wns Just learning to swim . and took overy opportunity to batho In tho river. , Two moro bodies woro found' float. . ing In tho rlvor yesterday evonluif. Ono Mul nn onglnoor'a cnpojQ,nn' overall and blouse and $13.05 la- liln pocket. Ho had no lottWB or, pa pers which might lead to, identifica tion. Tho othor landed onUho Oro- gon sido, but Anally washed over to i tho Washington shore.. AuthorlUdS thoro woro telephoned' to. tnko charge of tli oromalns. Those malto seven' drowned men tnkon from tho rivor in six weeks. Washington, .July 27. Snnford nrrltcd horo this morning to confer with ofllclnls of the dopartaont of Juflce. M4 FAMOUS SPORT IS DEAD Seattle, July 27. Tho body of T. P.. Stony) dark, fcookranker and turl man, waB found early this morn ing ,'in tho middle of tho Btreot In tho southern portion of tho dty. There wns apparently no. cause for denth. Ho airrlved recently from Butte. 9 If CNIO TRAIN IN THE DITCH. THK HORY GRAIL. ImrRist VlRTrtliifi'MaTlimc. Portemoufli, T3ng., July 27. The lmtfleshtp Belloropllon bigger tljan ,tljo Droailnaught, and tbo , 'argent nKd. most pow erful whip 'In tho wo'rjd, was launtibcil toflajf. Princess Hen ry, of Bfltteiiburg, 'christened tho B!hlp, Which is TS.COO tons ngnrmrt tho DrondaBBht'a 17,-900. WllWIIWIIMUMHIIlim SENATOR PETTUS KiiKliRlnimu Tliiukft IIC HitH Diijcov ert'd It.'. London, July 27v Tho Bxpresa prints a story of' the" dlBcovory noftr Olnstonbury Ablloy af'n lftH voasel of beautiful workmHiisfilp and ap parently of groat antiquity, which one of the discoverer bellavetr is tho Holy Grnil of tho Arthurian logcwtl Tho Holy Grail is tho cup from whlclu Christ Is reputed to have drantc a tho Last Slipper, and, according to wv anciont British tradition, it was brought to England by Joseph, of Arlmntheo, nftor tho crucifixion, Tho veasol is of bluish green bIucs-v. or Home kind cunningly Inlaid with' sliver leaf. , A uiimbQr of- eminent poraons, Including Bomo peorH with occloalnsticul IntftrostB, AinbnBsndor Roid, Profesjor William Crxjk:&s and tho Rov. R. J, Campbell, have examined It. It Ih now in tlm nmmno. I8,0n of Prof8or Crookes, who' has. lilIWl-1 "" rtHk0" t0 so,vo ,lB "'story. Carntj Near Being ItojR-tition of tfeo I'ero Mirqmtt Wrrvlc. , .Btftler, Pa. .July 27. A repetition of tho Pero Marquotto collision, la which 35 wero killed, was narrow ly averted thlB morning, when a train beorlng 500 omployes of the Buffalo Rochester & Pittsburg road to a pic nic, was ditched at Islo Station, on the Allegheney & Western road. Fireman O. M. Bates, Charles Nenl, n passenger and Ralph Dawson train master, -wero killed and several injured. GLASS JURY HANGS, Oat Since Last Night With No Sign of Agreement. Hot SniiiiL'H. J. C. .Tnlv 57 United States Semator "Pettua, of Ala bama, 'Js lylng. Ho fell uncon scious yesterday at fho brenkfabt table, and lao not rovlved yet. Phy sicians liavo prioun(H.-d his cuso hopeless. (Sonntor Kdmund PettUB Is 8-1 years old, and has represented his stato in tho United Htates senate for many years. His colleague, Senntor John T. Morgan, who was 81 years of ngo, died but a few weoks ago. Senator Pettus aorved In tho Mexican war. Ho Is a man of brllllnnt nt tnlnmontB, nnd retained IiIb vigorous intellect up to tho time he wan Btrlcken). HUH, OK. Hevo from the evidence Orchard was Induced or Influenced to testify by any such promise, his testimony should bo received by tho Jury with caution and scrutinized with great caro. Unless there Is some evidence other than tho evldenco of Orchard, there can bo no conviction. It Is not necessary, however, to have corrob orative evidence Itself that should bo sufficient to show tho commission of the crime or connect tho defend ant with it. It is sufficient if It tends to connect the defendant with it. It i sufficient If It tends to connect tho defendant with tho commission of tho crlmo charged. The Judge concluded ax follews: "You aro Instructed that undor tho Indictment In this case, tho defendant may be, as tho evi dence warraats, convicted of murder j San Francisco, July 27. With ev ery Indication that It will not bo ablo to arrive at a verdict, tho Jury In tho case of LouIb Olass appeared in court at 9:30 tills morning and requested Judge Lawlor to glvo further Instruc tions, and have the testimony of Homer King, Evan PIllBbury, Fred Eaton, A. J, Stelss and Henry T. Scott re-read. Tho Jury also asked the court to Inform It when E. J. ZImmer, who Is in tho county Jail serving a five-daya' sentenco for re fusing to testify, was elected vice president of tho Pacific Telephone Company. The court ordered tho question held In abeyance until oth er matterff wero disposed of. Re reading of the testimony thon began. The Jury held a stormy all-night ses sion, and when daws eamo was as far from a verdict as' when it retired. KNOW LEADERS OF GANG Salary Too Small. Lowlston, Idaho, July 27. W. H. McGrath, Northern Pacific agent at Kamlah, wns arrested Frldny morn ing chnrgod with embozalomont. A ahortngo Is claimed of approximately ouu. iiio arrest of MrGmth fol lows InvoBtlgatlon of a .roportod hold up which ho nllegod took plnco at Kamlah dopot Sundny night, when throe masked men woro reported to hnvo taken ?I90, after comnolllnir him to open tho cnmpnny'fl safe it tho point of a rovolvor. Tho story was discredited by officers who soon, lonrnod McGrath had been lending a wild IJfo with women nsHoelatOH. ono of whom ho clalmod wbb hln wife. A report from Kamlah todnv atntn that tho former agent confogBed to tho fake holdup Btory whan con fronted with ovldonco secured by tho officers nnd has sent to relnllvos In tho East for funds to mako good tho Bhortago, Ho has told officers, It Ju said, where tho monoy was unod. ox- cept $100 found In his uultonfio in his room. New York, July 27. "Wo know tho men who aro at tho head of tho local department of HunchaklBt so cieties in this city, and who wore be hind tho plot that resulted In the as sassination of Tavshanjian, tho mil lionaire rugmaker. There Is no dan ger of them gottlng away, as we can got them at any time," was tho state ment mado by tho district attorney's office, where tho Armenian plots aro being Investigated. It Is RuralHg. London, July 27. Tho town of Techernoschin, near Marlcabad, Austria Kuaearv. Is burnlnir. and It Is reported that the Jury tood t , there Is a.VIld panic among the rcsl to 3 for acquittal, .deatst. HI Auto Killed Him. 8oattlo, July 27. C. M. Long was klllod and four women nnd an un known man slightly Injured In South Seattlo last night In a collision bo tweon their auto and a buggy. o AflCnlrH in Komi. Toklo, July 27. Seoul 1 quiet, but disturbances are spreading In tho provinces. Two moro reglmentd will go to Korea. Hayashi roturns tomorrow. Dr. J. F. COOK TITU BOTANICAL DOCTOR, MOTJiD TO 1 LHiWKTY BTlUMrf FOB ANY DttUMSK CALL ON DR. COOK. roXSUXTATfOX FRIOf.