davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
Theory of Defense.

Mr.. Hawley, replying, charged opposing
counsel with an entire Misrepresentation OF
the law He said they were proceeding on
the theory that a defendant must prove
himself innocent rather than the govern
ment should prove him guilty. Every pre-
sumption in the evidence must be in ia
vor of the defendant, Every act of Sena-
tor Botah's to which the evidence had al
luded was shown to be open and above
board and in pursuance of honesty of
purpose. Every step taken by the defend
ant was the proper action of an attorney
protecting the interests of his client and
was susceptible of no other Interpretation.
Mr.. Hawley cl1imed that the evidence of
the governments own witnesses was to
the effect that Senator Borah always
announced that he was acting as attorney
and that his desire was to protect his ell
ent, the Barber Lumber company, from
securing claims tainted by fraud
At the conclusion of the argument.
Judge Whitson announced that he would
take the matter under advisement and
render his decision tomorrow morning.
Chapman Upheld.
When the testimony as to the recording
Borah was concluded, Judge Whit
son announced his decision as to
the witness, L. G. Chapman, ger
eral manager of the Barber Lumber
produce certain records on the ground
that they might tend to incriminate him.
There is a tendency nowadays" said
Judge Whitson. ito wipe out constitution
al guarantees, but 1t is a movement
have no sympathy with. 1t may be that
the constitution is wrong and that a GRIM
inal should be compelled to testify against
himself, but so long as the constitution
is WHAT it is 1 intend to uphold il. The
contention of the witness Is sustained"
Chapman once before was upheld by the
federal courts in refusing to produce the
books.
Former governor John T. Morrison, of
Idaho, was a witness today. He said Bo-
rah came to him while governor and made
inquiry as to certain timber lands the
state expected to claim in a specified
section. He wanted to know If the state
could not select its lands elsewhere, or
reduce the amount it expected to claim
Governor Morrison was not cress-exam-
iQed
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
LOATH TO LEAVE ACADEMY
Clarence C. Riner May Hang on at
Annapolis Owing to Strong
Political pull"
Especial to The Herald.)

Washington, Oct. l. Secretary
Metcalfs attention has been attracted
to the unusual fight on the part of
Clarence c. Riner to remain at the
naval academy, despite the fact that
he has twice been forced to leave. The
resignation of Riner, who comes from
Cheyenne, Wyo., was an Outgrowth of
his fondness for theatres and chorus
girls, and was requested by direction of
the president. Parental and congress
iOnaI influence has been brought to
bear upon the president and Secretary
Metcalf and the academy officials.
Equipped with strong letters from his
congressman, Mr.. Riner the elder, has
come to Washington and taken the case
up personally with the naval authori-
ties and the White House. So far he
has met with little encouragement.
The fall term viii begin tomorrow,
and it is desired by Captain Badger,
superintendent of the academy, that
every vacancy be filled as soon as pos
sible Riner is not yet beyond 20 years,
the age for qualification, and in the
event of his securing reappointment 1t
is possible that some special pro-
vision will be made for him to re-en-
ter the present fourth class.
Glencoe. Wyo., became a domestic
money order office today.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
SPECIAL SQUADRON GOING
Admiral Sebree to Start for Pacific
at Once With the Tennessee
and Washington.

Washington, Oct. Rear Admiral Sc
bree. who will command the special serv-
ice squadron composed Of the armored
cruisers Tennessee and Washington. was
at the navy department today in confer
ence with the officials in regard to the
cruise OF that fleet from New York to
San Francisco as the advance guard of
the battleship fleet. 1t was arranged that
Admiral Sebree should raise his flag on
the Tennessee at New York on the Sth
inst. and start on his voyage as soon as
his ships are ready. Both vessels are be-
ing fitted out at New York and will be
ready to sail in week or two.
The change of commanders recently or
dered will go into effect In a few days.
and not later than Oct. 5. The vessels
will follow the course taken by the cruiser
St. Louis, which recently arrived at San
Francisco from New York, and the COM
mander of which. Commander Usher, has
already supplied the navy department
with all the essential details regarding
harbors. coaling, docking facilities. etc.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02

Boise, Ida. Oct. Federal Judge Ed
ward Whitson, presiding at the trial OF
United States Senator W. E. Borah, will
decide tomorrow morning at 10 o'clock.
whether. or not the case shall be taken
from the Jury and a verdict of acquittal
ordered by the court. At the conclusion, OF
the governments case today the defense
entered a motion for acquittal on the
grounds that no evidence tending to con-
meet Senator Borah with a land fraud
conspiracy had been adduced. The mo-
ton was argued at length by Special
Prosecutors Rush and Burch and by
James NJ. Hawley for the defense. Sena-
tor Borah's counsel waived the opening
argument on the motion and Mr.. Hawley
declared ne would not have spoken at
all had it not seemed TO him that the gov
ernment's counsel had either Intentionally
or unWiIlingly misinterpreted much of the
testimony before the court. The jury was
not present during the argument.
Conspiracy Certain.
Mr.. Rush, in opening the argument for
the government, said that there had GER
tainly been tangible evidence Of con-
spiracy on the part or rev persons AT
least and in this view Judge W hitson SAID
he conceded. The evidence against Sena-
tor Borah was circumstdntal, Mr.. Rush
admitted, but tended to show that the de-
PENDANT acted in concert, with the other
alleged conspirators to the extent at least
of receiving In his office the deeds result
ing from fraud and having these deeds
recorded at his request. This act of the
defendant, Mr.. Rush asserted, placed him
in the light of one who receives stolen
property and required an explanation. Mr.
Burch also urged that these were enough
suspicious circumstances to put the de-
PENDANT upon his answer and argued that
h,1 4xvffA a aNv ha
ordinary citizen OF the United States.
The whole scheme of securing the lands,
Mr. Burch declared, reeked with fraud
which the defendant, as an attorney, must
have had knowledge of Whether the gov
eminent had presented strong case, he
concluded was not the question, but the
court should inquire onl.' u there were
facts tending to establish theory of pos
sible guilt
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
WEIGHING OF MAIL MATTER
Railway Postal Clerks Have Thirty
Days Work to Secure Informa-
ton for Congress.

New York, Oct. AT one minute past
midnight this morning. railroad mail
clerks throughout the country began the
weighing of mails IN obedience to gen
eral order of the postmaster general. Con-
gress is responsible for this.
In the regular appropriation bill for the
postal service approved March l, the
clause requiring the weighing for thirty
days was inserted. 1t was the first time
in the history of the postoffice department
that the weighing of all mail matter in all
trains over all roads on which mail clerks
are employed was requireds
In former years, in order to arrive at
an average, special periods were set aside
to determine the amount of certain
classes of mail carried over certain roads,
or in certain postal sections of the United
States.
The objects of the thirty days trial are
TO give the department and congress re-
liable statistics to determine the cost OF
handling and transporting different
classes of mail matter.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
NOFFETT Tells HIS STORY
President of Standard Oil Company
of Indiana Before Grand Jury
at Chicago.

Chicago, Oct. flames A. Moffett.
president of the Standard Oil Company
of Indiana, went before the federal grand
jury today to explain his public state
ment that other concerns besides the
Standard Oil company had been guilty
of rebating with the railroads.
/ A subpoena was issued for F. II. Hol-
land chief rate clerk for the Alton rail-
road 1t is declared that if Holland, as
agent for the Alton, gives evidence in
volving the company criminally in other
cases than the Standard Oil COM
pany he would obtain immunity for
himself, but not for the railroad, the
Alton having been granted immunity
only on the case of the Standard Oil
company.
1t was rumored that the summoning of
Holland was the result of statement by
Moffett that agents and officials of the
Alton were responsible for the rates
granted.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
FIGURES SHOW
CROOKED WORK
Attorney General of New York
Going After New York City
Railway Company.
SOME MISSING MILLIONS
coMPANY'S BOOKS HAVE BEEN
EXAMINED.
SOME MISSING MILLIONS

New York, Oct. 1.-The METROPOLITAN
Street Railway was placed in the hands
OF receivers today on motion of its own
attorneys, that it be made party defend
ant to the receivership recently ordered
against the New York City Railway COM
pany. The latter is lessee of the lines of
the Metropolitan company under a guar
antee OF the lessee to pay per cent
dividends on the Metropolitan stock. The
Metropolitan did not earn this dividend
and the New York City Railway COM
pany lost in excess of Sc. $4,000 through the
lease.
Move Toward Dissolution.
States Attorney General Jackson began
an action today calling for the dissolution
of the New york City Railway company
and for the appointment of a receiver
for the Metropolitan Street Railway COM
pany. The application was made before
the state supreme court, while previous
Ieceiyership actions had been taken be-
fore a federal court
Justice Ford granted an order for the
companies TO show cause why the special
actions should not be granted and also
granted an order for officers of the COM
Pany to show cause why they should not
render an accounting.
Jackson's Charges.
The attorney general alleges that the
either wasted about IS, 100000 or have not
accounted for a sum amounting to s.. 395,
6S7. This charge was made by the attOr
ney general in connection with an entry
on the company's books for 1903, amount
ing to $4,3S4, S97 for laying new rails.
The attorney general charges that this
sum, amounting to about 100000 per mile,
is more than $4,000 per mile in excess Of
what would be reasonable and fair cost
for such work 1t is further charged that
the defendants reported to the state rail-
road commissioner on June 30, 1901, that
the amount due from subsidiary compan-
les on that date was &, 245,59S, and that
the following year, the balance from the
lessor companies as of June 80, 1901, was
stated to be s., 245, 59S.
THE defendants have never accounted
for the difference of $500 600" says the
petition of the attorney general.
/ Further charges are made by the attor-
ney general, among them one that the
company claimed that $500, SOC per mile
was exacted for changing tracks on the
Thirtyfourth street line.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
WISCONSIN PARTIES
LIKELY TO GO FREE

Milwaukee, Wis, Oct. 1-Government
attorneys engaged in prosecuting the So
called land fraud cases under indictments
returned in Denver in connection with the
operations of the Federal Coal & Iron
company, announced today that they were
convinced of their inability to hold ]. J.
Rosenberg, charged with conspiracy, and
that he will probably be discharged by
II is expected that similar action will be
taken with Charles S. Carter, c. E. Can
right Walter S. Johnson and Henry j.
Weir. stockholders in the Wisconsin Coal
& Iron company. Assistant Attorney Gen
eraI Knaebel asked for Rosenberg's dis
charge by the commissioner, who ruled
that he could not discharge him until af-
ter he had heard all Of the testimony.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
CONTRACT NOT SIGNED.

Berlin. Oct IA member of the board
of managers of the Krupp works in an
interview today denied the current report
that the japanese government had order
the Krupp works. Japan. he said. had
heen negotiating for months on the sub
iect of these guns. but no contract had
vet been signed. There is no urgency in
iihe matter and Japan may decide to wait
until her orders can be filled at the Eng
Itch gun works
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
SON OF THE PROPHET
ON WAY TO HONOL u

Kansas City, Oct. Joseph Smith, y
J. Of Independence, Mo, president of \
4 the Reorganized Church Of Latter =
= day Saints, left today for trip to +
! Honolulu, to dedicate new church =
b in that city. Mr.. Smith also will \
= visit several Pacific coast cities in +
: the interest OF his church.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
PAPERS READ At
FINAL SESSION
Conference of Attorneys Gen.
eraI Productive of Ideas
Along Lines of Reform.

st. Louis Oct. 1.-The national con-
ference of attorneys general held its
final session here today. Attorney Cen
eral Dana Malone of Massachusetts read
a paper on capitalization of Public
Service Corporations. He said, in
part:
"A commission. not the legislature is
the proper authority to determine what
amount of securities should be author
former Indebtedness should be author
lied without full value received as in
debtednesS other than stock issues may
be more harmful than capital stock be-
cause upon debts interest must be paid,
and stock dividends need not be paid
unless they are earned.
II urge the passage of laws similar
to those of Massachusetts in other states,
not in a spirit of hostility to capital and
capitalists, but in the interests of the
public and the investors in securities
Jackson's Paper Read.
In the absence of Attorney General w.
s. jackson of New York. his paper,
state Regulation of Public Utilities, -
was read by Attorney General w. NJ
Dickson of Colorado. The paper, in part,
follows:
TT is ar encouraging evidence of an
aroused public conscience and intelligence
that in nearly all of the states efforts
are being made to insure effective and
intelligent regulation of public utilities
without regard to legal bubbles or alb
surd presidents.
MANY of the remedies proposed seem
worse than the evils which they seek
to overcome, and this will be true In
degree of any remedy that violates the
principle of home rule
Whatever may be the ultimate solu-
ton of the public service corpora tons
problem-whether it shall be private own
ership with public regulation and con-
troll, or, within their respective limits,
federal, state, municipal ownership
of all utilities which in their nature are
essentials monopolies-the obligation de-
wolves upon the attorneys general of
all the states vigorously and efficiently
TO enforce the laws now existing for the
curtaiiment of corporate ACKNOWLEDGEMENT
and the protection of public rights"
General Discussion.
A general discussion followed the read
ing of the papers.
Upon motion of E. T. Young, attorney
general of Minnesota, the attorneys gem
eral authorized memorial to congress
from the various states on the question
of harmony between the federal and state
governments relative to the question of
jurisdiction in the courts. A commit
tee was appointed to memorabilia con-
greSs.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
Ruef Not on Payroll.
Books Ordered Produced.

Judge Lawlor ruled that the books be
produced and assured the defense that he
would protect the property rights of the
corporation as provided by law.
Heney then informed the defense that
the prosecution will conclude its case this
timony of Abe Ruef, who will be called
tomorrow morning.
Adjourned until o'clock this afternoon.
When court reassembled at 3 o'clock a
further adjournment was taken until to-
morrow morning
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
STRIKE A FAILURE.

New York, Oct. 1.-The general officers
of the Western Union Telegraph COMPANY
were today advised that at meeting held
in Toronto on Sunday the few operators
remaining on strike declared the strike n
failure in Canada and agreed to apply for
reinstatement.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
General Discussion.
ALTON ANNUAL MEETING.

Chicago Oct. lat the annual meeting
of the Chicago & Alton Railroad company
| here today President S. NJ FELTON, pre-
sided and 340,315 shares were voted. Rob
ert Mather was elected to succeed himself
and B. A. Jackson as directors, and Ed
win Hawley was chosen to succeed e. TT
Hartman and James Stillnlan, of New
York. The financial statement for the
year ending June 80 shows net earnings
of S47S4 974. an increase of S1,0I7. 1884
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
PROMISES TO COMPLY.

Topeka. Kas., Oct, 1.-The Pullman Car
company, in an answer received by the
railroad commissioners today, in reply to
the order that the company open all dead
head cars in transit in the state, prom
ises to comply with the order. 1t also
states that it thought the order was be-
ing complied with and expresses surprise
on learning that it was not.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
ONE THING NECESSARY.


of
of
zion of
"machin has in
yoft
themselves automatically All
Which the o g
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
GIFT OF MRS. SAGE.

ST. Paul, Oct. Mrs. Russell Sage has
given the local Young Women's Christian
association $4,000 towards the new build
ing.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
DEMPSEY RENoMINATED.

Cincinnati o., Oct. Mayor Edward l..
Dempsey was renOminated today by the
Democratic city convention.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
REPORT ON STATE GUARD.

TO
Guard through s
adjuant
of
izedm
than n
mng
20 would
to
the
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
BOOKS MUST BE
BROUGHT FORTH
Court Rules Against the De-
tense in the TREY L. Ford
Bribery Case.

San Francisco Oct THAT Information
impaired by an employer to a stenos-
rapher is not confidential under the provi-
sions of the political code, when it relates
to the proposed commission of fraud or
crime was decided this morning by Judge
Lawlor, in overruiing an objection inter-
posed yesterday by the TREY L. Ford de-
Tense to the questioning of Miss Celia
McDermott, General FOrd's stenOgrapher.
The court having so ruled. the examina-
ton Of Hiss McDermott was resumed, but
it brought out nothing of value to either
side Miss McDerrnott declared that she
tended to her own business and knew
nothing else"
Ruef Not on Payroll.
The prosecution called George Francis,
chief clerk in the law department of the
United Railroads, and assistant to Ford.
He was asked by Mr.. Heney whether he
had not in May, of 1906, seen on top of
General Ford's roll top desk, two long,
narrow packages of bank notes. He de-
MED it. He said the name of Abraham
Ruef was not on the payroll of the COM
pany's law department, nor were there
on the payroll any John Does" or Rich
ard Roes." ......-.
The prosecution called for the books of
the United Railroads and the defense
made a vigorous and prolonged effort to
keep them out of court, on the score that
they were. unwilling to have them subject
ed to the inspection of Rudolph SpreckelS,
who was characterized by Attorney Rog-
ers as the company's financial and per-
SOnal enemy
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02
EIGHT HOURS DEMANDED
Bookbinders Throughout the Coun.
try Strike Where Concessions
Have Not Been Made,

New York Oct. 1.-The demand for an
eight-hOur day by the cylinders, mem
bers of the International Brotherhood of
Bookbinders, has been generally acceded
to by employers throughout the city, and
the strike order issued to the bookbinders
today affected only four shops, which de-
clined to meet the demand. President
Glockling, of the International Brother
hood, said that employers in thirty-two
cities had granted the demand for an
eight-hour day. but that strikes had been
called in Chicago, Philadelphia and Bos-
ton, to enforce the acceptance of the de-
mand
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02

Minneapolis Oct. 1.-TWO hundred union
bookbinders struck today for an eight
hour day. Twenty firms are affected.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02

Boston, Oct. 1.-Two hundred bookbind-
ers and stampers struck today for eight
hours a day. The strikers comprise
minority of the bookbinders in Boston.
firms employing $50 bookbinders having
conceded the eight-hous day.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02

It is far easier to simply at
tract attention than it is to at
tract dollars. Here is the first
principle of the ethics Of adver-
tising.-The Fourth Estate.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02

Cincinnati, O., Oct. 1.-Two hundred
union bookbinders went on strike today
for eight hours. Several large binderies
acceded TO the demand.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-02

Chicago, Oct. 1.-Bookbinders in several
struck today and in many small shops the
men failed to report for work. The ex-
act number out is not known. The pro-
prietors of the large concerns have de-
clared they will not coneede the eight
hour day.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-05
HoWe's Moving Pictures.

The people who go to the New National
Theater Sunday evening to see Lyman H.
Howe's exhibition of moving pictures will
be treated with many surprises. The man
agement assures an entirely novel en-
tertainment. The animated scenes are
the largest ever seen here and are en-
tirely without flicker or vigoration. And
they talk. That is, the natural sounds of
the original subject are produced SO that
the spectator can easily imagine he is
viewing the scene depicted. When the
traveller presents his whaling series all the
enthusiasm and dangers of such an eX-
petition may be experienced by the audi
ence, so realistic are the moving pictures
and the cries of the sailors, roar Of the sea
ances are used by the company of imitators,
which includes D. ]. Tasker, E. c. Mayo
and lie Roy Carleton. Twenty-Five boys and
men are used in vocal sounds that are in
troduced during the two hours program.
The thirty subjects include scenes from
Italy Spain, France, Switzerland, England,
Japan and America. The carnival of Ven
ice, the battle of flowers, bull fight, sled
racing in the Alps, japanese characteristics,
snapshots in Brittany, Ireland and its peo-
pie, making a British locomotive climb
the Tyrol mountains, the herring industry
and many humorous incidents are produced
The serious subjects are finely blended
with high-class comedy. Howe believes ne
has found the ideal entertainment Tor
everybody. There is nothing in his ex-
hibition that the most fastidious can object
to, at the same time there is enough gen.
uine amusement to please the usual thea
tergoer. 1T is altogether" says the Baiti-
more American, "a wonderful entertain
ment, without a dull moment"