The Oregon Daily Journal from Portland, Oregon • Page 1

JOURNAL, CIRCULATION TRAINS AND STANDS 5 CENTS YESTKRDAY WAS SundayJournal 5c Th weather Fair and warmer tonight; north to east winds. -i VOL. VIII. NO. 58.

PORTLAND, OREGON, SATURDAY EVENING, MAY 8, 1909. TWO SECTIONS TWENTY PAGES PRICE TWO CENTS. 0K tax rem vnxa. iTAvna. mi cum.

MML INTER PUMA in i ii i. ii i i ii hi i WHERE THE SULTAN IS HELD PRISONER ARE NOT EYE-WITNESS TELLS OE CANDIDATES 181(11 TRCNUOUSLY TRAGIC DEL AT GATES Polls Open at Noon and Will Remain Open Until Seven o'CIock This EveningFriends of Candidates for Mayor Each Confident of His Man's Success Story of Sensational Shooting Affray Between Hetve and Mine Owner Is Related by Timberman, to Whom Dead Man Made Ante-mortem Statements. I Ifii ftfii i BBuaj Jit -1 zf'" tV'3- yh Gates, Or May 8. Fire at 6 yesterday afternoon destroyed the dwelling adjoining the hotel where William Herve anil Henry Sullivan were being attended by physicians, 1n an effort to save their lives after their revolver duel, and the hotel was saved only by the most heroic work on the part of a volunteer bucket brigade. Mrs.

Klsle Reynolds, the divorcee over whom the trouble originated, which has already resulted In the death of Sullivan and may result in Herve's. Is still In the mines, where she was taken by Sullivan during Herve's absence, from the logging camp. Herve had always borne a good reputation. He met the Rey: nolds woman three years ago, and since tlvat time, it Is understood, had supplied money for the care of Mrs. Reynolds and her children.

Voters of Portland are expressing their preference for candidates for municipal office at the polls 40-day. From all Indications manifested the ote will be very light. The political surface of things seems to be calm as It has been for the past weeks of the The great mass of voter Is not excited. There has been no "old time campaign." Here and there a candi date has circulated among the different sections of the city jolljing his friends and working for support, but even these have left no wake of enthusiasm behind. Poll Open Woon.

The poll were, opened throughout Hie r1ty at 12 o'clock noon. They will remain open until 7 o'clock thin evening, when the hallota will be arranged like the proverbial sheep and the rohIh, the Democratic ballots on lie one hand and the Republican ballots on the other and the count will begin. The ballot nr short, the vote la expected to bo light and there Is 'every probability that the result ef the primaries will be definitely known by midnight. Only In the larger" precincts where the normal vote is 400 or1 over wfll the coont be late, and It 1 not expected that it will take more than three hours to mak the count even here. Candidates Seaklng- nomination.

In today's primaries candidates are to be nominated for mayor, city auditor. IS. BOYLE IS BROKER'S CLERK IS RULED OFF Customs Officials Discipline Herbert Baldwin for (iving Out Tips. HIGHER IIP III SOGAR THEFTS That's the 'Man Hit' (Jovmi-meut "Wants and Intends to (iet. (I'nlted Prn eased Wire.) New Vork, May 8.

Officials of the government Insist that one the mri indicted yesterday In connection with the alleared suear weltrHlne frauds knows who originated the scheme. ProMecutorj Mimson said that' someone authorized the extra payments alleged to have been received by the employes and that this man it is that the grvernment intends to punish. The American Sugar Refining company, through Henry I). Clauson, law partner of John K. Parsons, announced today that It desired the punishment of SDN IS CHOICE OF RETAIL LIQUO everyone concerned In ihe fraud.

Clau- Kowen I'o. with Information gained son statement says that officers of from the customs manifest that per-t lie company do not wish to comment i mined the firm to underbuy and under- AT SECRET MEETING city treasurer, city attorney, municipal Judge, councilman from the Second, Third. Fifth. Ninth and Tenth wards and two councllmen at large. Out of thia list there Is no contest for auditor, treasurer, and city attorney.

For the Information of voters who may know their precincts and not their wards by number. It may be stated that all these voters who reside in precincts 8, 6. 7. K. 9.

and 10 are in the Second ward and therefore have before them the task of nominating a candidate for oltv council from that ward. Those who reside in nroclncts 11. 12. J3. 14, IB or 18 are In the Third ward and also have a councilman to nominate.

In the Fifth ward, which also Is to nominate councilman, are precincts 26, 27. 28. 29. 30, 31. 32.

33. 34. 35 and 3. In the Ninth ward, which is to nominate a councilman, are precincts fin, 70, 71 72, 73, 731. 4.

75, 7, 77. 78 and In the Tenth ward are precincts SO, SI, 82, S3, 84. SS. 86. S7.

88 and 89. Candidates Confident. Eah of the candidates from those for mayor down the list, are expressing as confident that they will be the luckv individuals upon whom the voles will be centered. No one but the voters really know. however, and they do not know In sufficient collective numbers to give much of art Ide.

Tlie corrupt practice act will at this election as at the last, rob the event of many of Its picturesque features. There will be no waving banners, flitting speeding automobiles, badges, buttons or cards, while the "party worker" and the cAmpalg-n cigar have gone out. All there Is left for the voter and the worker alike imaeY'th newvre-' a-ime is to make a few marks on a sheet of paper, drop It In the box and wait to heat the returns. supported by them. No formal action has been taken, however, until at the meeting of last night.

In the meantime, however, prior to the formal endorsement of last night practically all of the liquor dealers have been hacking Simon with their personal support as the "safe and sane' candldate'of their choice The meeting of last night nut the official stamp of approval upon this miiiuae Hnn now me entire body of liquor dealers are lined up. through their official organization. In support of the convention candidate. Leaving Portland at 10 a. the train will reach Vancouver at 10 p.

and southbound the train will leave Vancouver st 10:30 a. m. and reach Portland at 10:30 p. m. Stops will be made only at the larger cities, such as Tncoma.

Seattle and Everett, and equipment will consist of baggage and express cars, coaches, parlor-observation mm a uiiin. i ne equipment will ne uirai iNorinern mroughout. Years ago the Great Northern nner. atel through standard sleepers out of xuruana in connection with the O. R.

but this service ws abandoned later and no Great Northern cars have been operated Into Portland since then. Besides this new coast train, the Great Northern will operate three dally transcontinental trains. An important feature of the new service Is that It is extended to Tacoma and Seattle Is made merely a station not onlv for the Portland-Vancouver service but for transcontinental trains as well. The Oriental Limited will be run through from Tacoma as a solid train vU tha Northern and the Chicago. Burlington St.

Qulncy. This train leave Tacoma at 6:26 p. m. and reach Chicago at 9:18 p. m.

on the third day a 72 hour schedule. It le to be an electric lighted train, with (tandardtand compartment sleeper Trains Nos, and 4. the Fast mall. I to atari at Tacoma and 8fi Paul and run through without break. Nop.

ii and 44 are new trains, to he nm between Seattle and Kansas City via the BiHIngs cut-off and the Burlington. The Spokane express will be operated as at preselt. Portland will have four other trains beside the Portland-Vancouver limited, w.iicJi will connect with transcontinental train at Tacoma and Seattle as well as the two dally trains over the' North Bank to connect with the transcontinental trains at which will carrv through sleeper for Chicago and IN Joseph Simon has been endorsed by the liquor dealers of Portland as their -candidate for mayor. At a secret meeting of the liquor dealers, held last night, the question of the attitude of the liquor men of the city was taken up for discussion and It was readily decided that Simon should be the mayoralty candidate back of whom tlie liquor men of the city should throw their support In the primaries todav. For some time It has been the general understanding among the liquor men of the city that Simon was to be hotel, lie held a revolver in his hand.

Sullivan almost immediately drew hid weapon, and. as soon as tlie crowd scattered they started firing, as if according to some prearranged plan. Hoth shots came almost simultaneously. "Sullivan fired five shots, emptying his revolver, and as he did so he walked toward Herve. Then one of the shots struck him in the neck, severing th Jugular vein, and he crashed to the ground.

"Herve, who had been shot In til stomach, the. bullet coming out on the left side, seemed not to Know of Ida wound, and standing over Sullivan cursed him until he fell exhausted with, loss of blood. "'I'll hang for this, you he cursed; 'but 1 am glad got you. I am willing to hang now, you log "Both men were taken into the hotel, and there cared for Sullivan until this arrival of Dr. J.

C. Kansom. of JH111 City, some 45 minutes after th shoot ing. Sullivan was perfectly conscious, and did not seem greatly affected. He said he knew he would either have to kill Herve, or he would kill the woman.

'U was a life for a he said. "When the physician arrived Sullivan Immediately inquired if he would die. 't)ot't'4e afraid to tell me the he said; because I'm When the doctor told him he might possibly live the statement did not seem to affect him. "Herve, from what we could learn by cursory examination, will die. His stomach was torn almost to pieces by the bullet." Reports from Gates today say Herve will die.

Sullivan was well known In certain circles of Portland. He was the son of William Sullivan. MM City, and wan about 32 years of age. Nine years' ago he was convicted and sentenced to servo 10 years In th Oregon penitentiary for a crime committed against his sister. Four years ago he was imrdoued and released because It was believed he was contracting consumption.

He returned to the Gold Creek mining district after his release and became Interested In several mining properties, later becom ing president of the Gold Arch Milling company, owning and operating several claims near Mill City. Herve. commonly known about Gates and in the Eagle Creek region as "Bill." Herve is a donkey engine driver, and Is about 40 years old. He has been employed by the Curtis Lumber DOUBLE PLAY IN GAME OF FORGERY Bad (hecks AVritteh for Purpose of Involving, an Innocent Mail. (United Press Leased Wire.

San Francisco. May S. Charged with forging the name of his former wife's suitor to checks in mi attempt to cause his arrest. Jasper Kefford, a paroleii convict. Is in Jail.

W. F. Woodward, an Alaska mining man. Is Kefford's accuser. After Kefford was sent to San Quentln by a IjOs Angeles court, in 1906.

on a cberge of passing fictitious checks, his 'wife, who Is a trained nurse, secured a divorce from him. Kefford- said she promised to remarry him If he reformed and led a better life after his release from prison. Recently Kefford was offered parole and his former wife showed her good will bv posting the required bond. But Kefford found she did not love him any longer and that Woodward had p--parently gained her favor. It Is alleged that he then tore to checks from his wife's check bwlc an! filled them in with Woodward's signature Both checks were drawn en San Diego bank.

Taking the check to a clothing store he Is alleged to have, purchased rlothlng with This clothing he hail sen to Woodward' room and a few hours later the Alaskan was arrested on a charge of passing fictitious clicks. H- securel hi re. lease as s'Hn a the clerk In the clothing store Informed the police ttiat tney had arrested toe wrong GOVEIiXMKXT REPLIED TO WALSH'S APPEAL Chfcsiroi. ly Tt.e government to, da filed In the I'nlted State' ic-ti' court a Tjrief In replr it th epp-l John R. Walsh.

mnvlct-d of The brief recite th b-v wnlch Walsh Is alleged cured millions from thfe i til. ricpoprftttig rifles e' n- bonds of cnn rj t.n purchased a S'ok. Having been an eyewitness of the sensational duel at Gates, yesterday between William Herve, logger, and Henry Sullivan, president of Ihe Gold Arch Mining company, which resulted In the death of Sullivan, Fred J. Nelson, one of the prominent timbermen of the northwest, arrived in Portland last night. Today he is a guest at the Belvedere hotel.

Following the shooting, during the course of which he stood nearby. Mr. Nelson, in the absent-e of a physician, cared for Sullivan, who, believing himself on his deathbed, made several ante-mortem statements. "When I came I knew I would either have to kill Herve or be killed he declared to Mr. Nelson.

"If 1 did not kill him 1 was afraid he would kill the woman. "1 suppose I'm going to die, but it doesn't make much difference. 1 hope I killed Bill' ll'Tve Mr. Nelson tells tlie following story of the tragedy: "Bad blood hail existed between the two for some time. Herve, it was said, had been keeping a woman, with whom he hid been In love before her marriage, some years before, at the hotel at dates.

Sullivan, It appears, look advantage of Herve's absence from town, and enticed the woman away to his camp in the hills near Mill City. "Herve. learning of Sullivan's vengeance. Wild threats Ni take Sullivan's life he made. Hearing of tlie dnkey engineer's statements that he would kill him on sight, Sullivan prepared to J4t to meet him at Gates, and took tlie stage yesterday morning for that purpose.

"However, before the stage reached Hates. Sullivan was again warned, hut said that 'no one could bluff him. Da si Occur at Noon. "When the Mill- City stage, hearing Sullivan, drove up in front of the Gates hotel, I was standing outside. It was As Sullivan alighted from the vehicle.

Herve sppearcd In front of the Til. HOWELL FOR HICHOLS' PUCE Tacoman Slated for Appointment as Secretary of State. (United PreM Leaned Wire.) Seattle, May Governor M. E. Hay.

who Is in Seattle today, lias practically decided to appoint Captain I. M. Howell of Tacoma to succeed Sam H. Nichols as secretary of state. The official announcement Is expected to be made at Olvmpia Wednesday.

A conference was held yesterday between Governor Hay, Captaln Howell. Senators Paulhamtis and Fatland and Representative Shutt of Pierce county. At the conclusion of the conference. Governor Hay said he had no definite announcement to make at present. The only other candidate considered by the governor was Albert H.

Beebe of Seattle. Beebe is an attorney and was a member of the 19'JJ legislature. Howell served two ternrn as auditor of Pierce county and came to Washington 32 years ago from Iowa. DUXPHV MARRIAGE AXXULLED; ILLEGAL San Francisco, May S. On the grounds that his wife was not divorced legally from a- former husband.

James C. Dunphy, millionaire ranch owner of Oregon and Washington, today secured annulment or rus marriage to Edith Dunphy in 1R9S. -Mrs. Dunphy was granted an Inter locutory dtferee time ago. She FOUND GUILTY Two Ballots Ta ken Brother of Defendant Comes to Her Assistance.

Press Leased Wire, i Mercer. May After taking two ballots tin- Jury In tlie trini of Mrs. I Janu'S H. Poylr, accused of conipUcWy I kidnapInK of Willie Whltlu, today i returneu a vera let or guilty. Mercer.

May R. Abandoning the attempt to convict Mrs. James Hoyle of kidnaping Willie VVhltla. on the first count upon which she was indicted, the prosecution In her trial today devot 'd its time to an endeavor to secure verdict on the second count, charging her with complicity In tlie kidnaping. i liliam K.

Mi berniott. a broker's clerk of Chicago, who is supposed to be Boyle's brother, sat next to the defendant in the courtroom today. Hit husband under conviction of kidnaping the Whitla hoy, was not present. Mrs. Boyle appeared very calm 1 nd seemed to take great Interest in the proceedings.

Moliermott has been quoted as saying that tie would spend his lnt cent to save his sister from the penitentiary ttornev Miller for the defense told the jury that there was no evirien -e that the defendant assisted in the kidnaping in Mercer county. He then requested the court to charge the jury that the defendant could not tie enn-victea unless it were shown that -she had committed sonic overt act In Mercer county. The prosecution made a vigorous denial of -this contention. (j. Gordon made the clo-siiiii address for tile prosecution, lie arraigned Boyle severely, dwelling upon the se.

ilous nature of the crime of kidnaping. He accused the defendant of p'annlng lier husband's crime and urged htr conviction (rnrdon spoke for half an hour and (luring tlie entire time Mrs. Hoyle sstl with chair tlltcrl her eyes leveled upo.i him and her litis pursed. At the conclusion of Gordon's address the court charged the jury, which retired about noon. Mrs.

Whitla Ii Merciful. Tlie Boyles will be sentenceci net Monday. Mrs. Hoyle Is liable to Imprisonment for 25 years. The penalty for her husrTand's offense is from one year to life in prison.

Mrs. Boyle's face was ashen when sh heard the verdict, hut she made no comment and there was demonstra tion in tne courtroom. Attorneys for the woman said they would appeal the casi it a motion ror a new trial, which will be filed today, is denied. No attempt will be made to atpeal Boyle's case. The Jury returned the verdict ft-r five minutes' discussion and two ballots When the first' ballot was taken one Juror favored acquittal hut soon yielded to the arguments of his fellows: The verdict was returned In a sealed envelope shortly after noon.

Court had been adjourned until 1:30. when the envelope was opened and the was read. Mrs. Whitla, who was sitting near Mrs. Royle when the jury reported, said: "Isn't it a pity that It must be so.

I could never gloat over a woman's distress. The reason I felt we must punish this one was to protect others from tne awful torment we had to through." BABOX DIVORCES AMERICAX WIFE Rome. May 8 Bettina Riddle Von Hut tin. author of "Pam" and other novels, Is no longer the wife of Baron Von Hutton. The baron was granted a de cree of divorce by a German court yesterday on the grounds of desertion.

Baroness Von Hutton was Bettina Riddle of Krle, before her marriage 13 years ago. She is a niece of the late Thomas Scott, president of the Pennsylvania railroad, of John Riddle, ambassador to Russia, and Thomas J. O'Brien, amhassador to Japan. During the past 10 years Baroness Von Hutton has traveled extensively In Europe and Asia. She is to be permitted to see her1 two children, Bubl and Betty, one month In each year.

There will bo alimony. PORTLAND Of. ROUTE OF N. (fulled Press Wire.) San Francisco. Mav 8.

Following an Investigation by Deputy ('oliector of t'ustnms Newton Parley of charges of making private use of secret informu- lion gained from the customs house rec- onts, Herbert Baldwin, a clerk of the brokerage firm of Read St. John, has been denied the prlvil(e of he customs house floor. Joseph Mat toon, who for years handled the brokerage business of the Uold-berg-Bowen company, filed with Col lector of the Port Fred Stratum charges that Baldwin had furnished Goldberg, sell other local houses on foreign goods. As a result Baldwin, Sol Goldberg of the Goldberg. Bowen eompanv, George "VV.

Heed of the Reed A St. John firm, and several customs brokerage clerks were called before a court of investi gation conducted by Farley Baldwin explained Ids action by the siaiemeiii mat sucn practice Is com mon among the clerks on tlie floor. Goldberg Justified his acceptance of the information by tlie same claim. This is naidwin second clash with the customs authorities and as a result he was denied the privilege of the floor. L0EIJ EXPLAINS HIS SUA Ed' i.t'nlted Piw Wire.) New ork.

May 8. Tlie so called shake up in the local branch of the customs service went merrily ahead today under the orders of William l.oeb, collector of the port. Several men In uniform were let go and others will follow Despite this maintained that there was no shake up. but that he was plugging holes In the custom house force "I merely Intend to close all apertures to shut out the rrookR," "No shake up. In the acceptance of those words, is Intended.

I shall simply readjust the force so that every man' will be compelled to do a fair day's work "Undoubtedly many Improvements can be made in the methods now In vogue I flatter myself 1 can see a hole In the fence as quickly as anyone, and I have already noticed many holes in the custom house fence." HaveYouReadfhe Want Ad Section of Today's Journal advertise for DO help Advertise for situation Advertise furnished rooms for reat 1AC Aertls estate for nt Advertise business chances Advertise honaes for i I Advertise flas for Id Advertise housekeeping 4 rooms for rent More Want Ads In The Journal than any otrfer Portland paper There Is a Reason WINK IT OVER Boad Will Operate Through Trains on Daily Schedule Between This City and Vancouver, F. Making Stops Only at the Larger Cities. on tlie indictments returned yesterday. None of the Indicted men is now connected with the company. The men under indictment refuse to make any statement.

i The government will Insist that the ouf.es come up for trial the first week In June. nder orders from Attorney (Jetuiral Wlrkersh.im, all future criminal pro ceedings in connection with the sugar lases will be tought in New York county. It is openly asserted that the reason for this order is the government's inability to overcome the Influence of the sugar company in the Jurisdiction In which It is alleged the offenses were committed. All Indictments will he returned in New York county and will he handled by special prosecutors. William J.

Youngs and Henry Wise, district attorneys of the eastern and southern districts of New York, will not have the cases placed In their hands. This action is not tlie result of the attorneys' inability to handle the cases properly hut because they have too much other work to do. Yesterday's Indictments were hurried by the Intervention of Attorney- General Wickersham, who told Stimson that he wanted him to take action immediately The report that proceedings would be brought against men now In the government service was denied. PITCHED BALL BREAKS SKULL Milton Bush. Bank Cashier, Receives Fatal Injuries in Game at Boise.

(Totted Press Leased Wlr.) Boise, Idaho. May 8. -Milton Bush, 27 years old, assistant cashier of the Boise Stat bank, died this morning follow- ing an Injury received at a baseball game last evening. He was struck on the head with a pitched ball, which caused a slight fracture of the skull. and the rupture of a blood vessel In the brain.

He continued playing for a short time and then lapsed into unconsciousness, dying eight hours later. was a member of the bankers' ball team in the Boise Twilight league, an amateur organisation. He was an athlete and In perfect health. CONSERVATIONISTS OF CALIFORNIA ASSEMBLE Dei Monte, May The eleventh semi-annual meeting of the routines committee of the California Promotion eommlittee convened here at :30 o'clock this tnornlng. Pelegate from the various, counties of the state are In Attendance, including more than 100 who arrived on a rpclal train from 8an Francisco last night.

The question of moment at the conference, the conservation et the natural resources of the ha created unusual interest 1n the session. Extensive preparations for the entertainment of the visitor have been made. Tonight the delegates and their friends will be banqueted at the Hotel Del Monte. Tomorrow will be pent at Pacific Grove and Monterey. I For the first time In the history of the Great Northern, that road will operate trains out of Portlarld, beginning May 23.

On that date a solid Oreat Northern train will be Inaugurated between Portland and Vancouver, B. to make the run between the two cities In 12 hours. SUNDAYJOURNAL The weather man promises pretty day tomorrow, and when you take your walk Into the green Oregon hills remember The Sundav Journal is the paper that you ought to read In your outing hours. The Sunday Journal tomorrow will be devoted the entertainment of young and old; to the presentation of all the news of the wdrld; to the Illustrating of this hews' and to careful compilation of the election returns of the city of Portland. Full page half-tone Illustration, four color frame, "The Young Mother." Madame Naxtmova and her portrayal of Ibsen's plays.

Paul Revere's old home restored. Portland public school children' page. Humble mother of great men. Mothers' dav and the women who made It, The new automobile clothing. Polly Evans' stories for boys and "frlit- Four-page comic section, nd many other, features worth your wlill to peruse.

IN THE UN DAT JOURNAL. charged cruelty and was given $80,000 alimonv. On her testimony that she was divorced from Julius Silverstone in Oregon before she had lived in that state the requisite length of time, Judge Graham based his decision. The decision given by. th to-day leaves Mrs.

Dunphy In a pecullnr position. The J60.000 the court ordered Dunphy to pay her on the grants Ing of the Interlocutory decree now revert to the millionaire, and unless she wlshea return to Bllrerctone. she must i institute another auit for dU voree, i Hains Case on Anrumont Monday. Flushing, L. May 8.

Adjournment In the Hains case was taken, late yesterday, to Monday, when argument will be opened. At the close of the testimony put in by the state In rebuttal tha defense announced that It rested, declining! to offer testimony In sui rebuttal..