Newspaper Page Text
His Own Death
fote Charges Wallace Was
Intoxicated and Was Shot
When He Failed to Obey
?gentry's Command to Halt
Qil Problems Reviewed
%ilsiOii Refuses to Comment
on Ship Board's Com?
IfASHlNGTON, Pec. U.~ Complete ?
?nie "for the killing of James WaJ- ?
??e'an American citizen, by a Mexican
jMtt two weeks ago near Tanip.co, |
Eideo, is placed upon Wallace him-;
?Hby'the Mexican government in its ?
m'? replying to the urgent inquiry;
ZuL by the United States. The note.!
,-?eh has been handed to the American ]
ta&assj in Mexico City, was summar- i
".e? for the embassy to-day at the;
The note, the summary indicates,
-oon-ts to a charge that Wallace, while
-|v cated. passed a sentry stationed
d*h?t is characterized as a "danger-?
Hi spot," and -,he American, failing to
Lu was shot and killed. It is added
-if the killing was made a matter of
,*.-::: record and the arrest of the,
?r and an investigation of the In- ?
c?en: ver? ordered immediately by the j
Officials at the State Department
?thheld comment on this last inter
-.a.v.p^ with the Carranza government
?ram; receipt of the full text of the
a?munication, which is expected i ?
While President Wilson had before
ay the memorandum from
?airman Payne of the Shipping Board
fcUiling the situation resulting from
... (i ei , re ? by the Carranza gov
? ?n thi operation of American
?jwned oil properties in the Tampico
5ti ct, '.here was nothing forthcoin
rom the White House as to
whether further action was planned by
-, i ??? ment "? addition t?i the
three notes already dispatched but un
Petroleum production in Mexico
amounts to about 175,000 barrels per
day. or a ?itt!e more than 10 per e->nt
(f what could be produced under full
capacity, ?-""cord:."': to data recently
giren ou* by the Ministry of Industry
and Commerce in Mexico City, a dis?
patch to the Department of Commerce
to-iiay ? tatt x has a poten? ial
production of about 1.592,649 barrel?
per day, it ?as said, with 1,059 wells
a November i.
i fl on the border
were" instructed to-day by Anthony
?.:. Commissioner Ciencia1, of
Immigration, 10 forward a report on
the thrcater.-f! invasion from Mexico
[ :.'- Ru: >ian Bolsheviki ar.d 150
Mexican I W. W. Mr. Caminetti ex
pressed little concern as to the ability
of the immigration officials to cope
with such .. situation in view of the
itrength of the United States troops
os the border.
MEXICALI. Mexico, Dec. u. Fran?
cisco Gomez, a policeman, vas on trial
n civil court to-day on a charge of
..-?:?? Lack, an American
?tptriv - - ? ff who had crossed the
-.-: . border. The shooting?
?hich occurred n month ago, caused
American side of the
border wh ch wa - . - by decis - i
cai a t h or i ties ar.d the
irre*t o Goi The trial is expected
:& last s vi i al days.
Jenkins Case Awaits
High Court Decision
Mexican Government Said To
Br Holding Ansiver to I . S.
Until Tribunal Defines Status
"EXi- 0 I ' '. V. Dec. II.- The Su
Coun has r -c? ived I he eon' -
ir the case of William
the Ame r can < 'or.su!:1.r
'- '. . ? ly. was arrested in
? y w?] I re? der a de
el er the Puebla Circuit
Court or D strict Court shall continue
in investigation into the charges
ipinst Mr. Jenkins, with a view to
his eventual trial. Jenkins is now on
It is s?,i?i ?f mi-officially that the
Mexican government is awaiting the
decision of the Supreme Court before
??patching an answer to the latest
American note, as this court will rule
whether or not federal judges have
.sr:?d:ct:.r,?: ?n the rase.
Mr. Jenkins has returned to Puebla.
?" is declared he has not conferred
?- Pr?s : nt Ci rr i
? ' ' ness who 1 am or
,;'?'? ' me fr m," said J. .' Itei
Sanaen. when questioned to-day as to
tow he ai e to furnfch the bail bond
under which Consular Agent Jenkins
*aj released at Puebla last week. Mr.
"ansen said he formerly had lived in
. ? W '; l ? r
General Pablo Gonzalez last night
formally announced his acceptance of
???nomination for the Presidency, ten?
dered to him by the National Demo?
cratic League, and requested permis
Won to retire from the army. It was
]'??' also that President Car?
ranza had refused to grant permission
?General Alvaro Obregon, the former
"ar Minister, to resign from the arm;.,
Mexican Town Reported
Lrmted to Avenge Angeles
EAGLE PASS, Tex., Dec. 11.- In re?
prisal for the recent execution of Gen
A Masterpiece of Ex?
COLLAPSIBLE to 3}/4
^ inches to fit in vest pocliet
or vanity case, yet it holds
more ink than any standard
14 Kt. Solid Gold, 542.00
-8 Kt. Rolled Gold or
Sterling Silver, $1260
(including war tax)
Self Fillers, $2.5C up
At ? - .- dealers or
8- UCTOK FOUNTAIN VI
Streel Net, ?c '
Franklin i r?
eral Felipe Angeles. 400 Villistas early
Tuesday attacker! the town of Muzquiz,
State of Coahuila, looting the stores
and seizing several prominent citizens
for hostages, according to information
received here to-aay.
The fighting is said to have contin?
ued until yesterday. Hip?lito Villa,
brother of the famous bandit, com?
manded the Villistas attacking the Car?
ranza garrison of forty men. Thirty
Villa men and several Carranza sol?
diers wore reported killed.
Lansing Insists Wilson
And He Agree on Mexico
WASHINGTON. Dec. 11. -There is
not now and never has been any differ?
ence of opinion between President Wil?
son and the State Department on the
handling t>f Mexican affairs, Secretary
Lansing said to-day.
Mr Lansing was discussing published
reports that tbe Presidents attitude
on the Fall resolution requesting a
break with the Carranza government
was a reversal of the policy adopted
by the department.
Him as Counsel j
Continued from VW 1
lieved as Special District Attorney of
the extraordinary grand jury of New
York is not likely to be acted upon
by Governor Smith for the next two
or three days. The Governor said to?
night that he had taken Mr. Battle's
letter under consideration, but would
give no indication as to his intention.
Mr. Rattle in his letter to the Gov?
ernor said that Foreman Almirall had
informed him the jurors felt that his
friendship with District Attorne?
Swann might be embarrassing. He ex?
p?es-.d surprise at this, saying that on
October 10 the jury in a presentment
had asked for his appointment. Gov?
ernor Smith on November 25 asked Dis?
trict Attorney Swann to designate Mr.
Battle as a Special District Attorney to
assist the grand jury. In his letter
to the Governor Mr. Battle told how
on December 3 ho conferred with Fore?
man Almirall and the committee of the
grand jury at the Harvard Club.
i:?> did me the honor to assure
mo that they had the highest confi?
dence in me," he wrote. "'But they
feared that my friendship with Dis?
trict Attorney Swann and my associa?
tion with him might embarrass me in
the conduct of the investigation of his
office which the grand jury proposed
"They also informed me that the
; work would be very extensive, and
that an associate or assistant would
be needed. 1 told them that. I was
much surprised at their attitude; that
t had thought that Governor Smith's
request tor my designation was made
at the suggestion of the grand jury.
i further stated that my relations with
Judge Swann would not in any way
embarrass me, and that any investiga?
tion of his office that I undertook
would bo thorough and impartial. I
finally told him that I would consider
the tuation and would confer further
svith you and with Mr. Justice Weeks.
"As you know, I thought at first that
! it might be advissbio that you should
; request the designation of an associate
i or assistant to act as Special District
I Attorney with me, and so informed you.
j But upon reflection, and in view of all
I the circumstances. I have reached the
' conclusion that it would best serve the
public interest for me to withdraw my
acceptance of the designation which
District Attorney Swann has made at
"[ should not be willing to accept
ery 'important public duty unless
certain of the cooperation of the grand
iury. Any grand jury investigation to
be effective must be carried on with a
complete unison of sympathy and pur?
pose between the grand jury and the
prosecutor acting as its legal adviser.
"As I cannot be assured of this co?
operation. I beg to hereby withdraw
my acceptance of the designation and
' to ask that you convey to District At
: rni y Swann my request to be relieved
of the office to which he has done me
the honor to designate me. This will
leave the field clear to you to take such
action as you think best in the prem?
"Pi ?m-.i me to express my apprecia?
tion of the confidence which you have
: shown in me in suggesting my appoint?
ment in this matter. You told me that
you desired that the investigation
si ould be searching and thorough, but
at the same time just and fair. I was
prepared to conduct the inquiry along
?hese lines, but for the reasons I have
indicated I have thought it best that I
Perching Asks That Sale of
Army Camps Be Held Up
ATLANTA, Ga., Dec. 11.?-Following
an inspection to-day at Camp Gordon,
General Pershing authorized Repre?
sentative Upshaw to telegraph Chair?
man Kahn, of the House Military Com?
mittee, asking that action as to the
disposition of Gordon and other South
ern camps be suspended, pending the
general's report and recommendations.
Berkman to Go
U. S. Supreme Court Holds
Up Deportation of Wom?
an Anarchist for Week
to Consider Appeal
Citizenship in Question
Marriage to Russian in
America Is Declared
a Barrier to Eviction
WASHINGTON. Dec. 11.?The Su?
preme Court of the United States de?
clined to interfere to-day in the de?
portation proceedings against Alexan?
der Berkman, but granted a stay ot one
week in the case of Emma Goldman.
Both anarchists are now at Ellis Isl?
| The stay in the Goldman case re
! suited from contentions made in her
brief that while a Russian by birth,
| she became naturalized through mur
The court directed that Miss Gold?
man be held without bail pending the
? final determination of her application
fur appeal. '
Robert P. Stewart, Assistant At
i torney General, who represented the
j government, said that in the Berkman
j case the matter of deportation was now
j in the hands of the Department of
l Labor, which would arrange for his
Just what action Mis?? Goldman will
: take will be decided at a conference
! in New York to-morrow. Harry Wein
? berger. her attorney, raid.
"It may be she will prefer to go back
to Soviet Russia at once," he said.
The court denied Berkman's petition
to appeal his case. Ti,e stay against
! deportation, granted by the New York
: court to permit application for appeal
to the Supreme Court, expired in his
' case at 4 o'clock this afternoon.
Habeas corpus writs obtained by
i Harry Weinberger to delay the de
! portation of Miss Goldman and Berk?
man were dismissed by Judge Julius
M. Mayer in the Federal Court last
! Monday on the ground that the an?
archists were enemies of the United
States and that no legal reason for
staying their deportation had been
! shown. The cot rt gave Mr. Weinberger
| until 4 o'clock yesterday afternoon to
I obtain the Supreme Court's acceptance
j of an appeal. Both anarchists were
! taken back to Ellis Island.
Miss Goldman's contention on which
, she obtained a further week's stay
| was that she is an American citizen
1 by reason of lier marriage in 1887 to
! Jacob A. Kersner.
Kersner, a Russian, went through
the form of being naturalized at
; Rochester in 1884, but the government
'< contended that he obtained his papers
: by fraud, since he was under age at
I the time. Miss Goldman, therefore,
I was held not to have become a citizen.
Both "Anxious" to Go to Russia
The United States Supreme Courts
i action yesterday indicates that it holds
j this question to be worthy of further
' investigation. If within a week her
? attorney furnishes sufficient proof Miss
j Goldman's case may be put on the cal
' endar for reviews, in which event her
! deportation would be further post
Both Miss Goldman and Berkman an?
nounced that they are "anxious" to re?
turn to Russia, provided they are per?
mitted to go at their own expense, and
land at a port controlled by the Soviet
government. "They object to being de?
ported, because they may be handed
over to the White Guards, who would
immediately order them shot." Mr.
; Weinberger said. "Many other Rus
j sians would leave at their own expense
I if the government would let them."
Intimations were made by Francis G.
| Caffey, United States District Attorney,
i that the government has no intention
i o<" permitting any aliens ordered de
' ported to go at his or her own ex?
"The government is making every
preparation io deport Miss Goldman
1 and Berkman within the next two
'. weeks," he told Judge Mayer.
Refuses to Produce So?
viet Letters; Bakhmeteff
Bolshevik leaders in New York have
made attempts to gain possession of
$153,000,000, said to have been left in
Il V CLOTHES OF CUSTOM QUALITY
I npHE high cost of cus
? torn made clothes has
? played right into our
I hands. We have inher
J ited that clientele that
I used to stand for being
I taped but wouldn't stand
I for being tapped.
j #ak? & (Etfmpang
ff BROADWAY AT 34th STREET
Tiffany & Co.
Fifth Avenue & 37*5 Street
i Jewelry of Proven Quality
the hands of the Russian Embassy at
Washington after the fall of the
Kercnsky government, according to
Ludwig C. A. K. Martens, the unrecog?
nized envoy of the Russian Soviet gov?
ernment, who testified yesterday be?
fore the Lusk Legislative Committee.
Martens testified that the money was
left in the hands of Boris Bakhmeteff,
the Russian Ambassador at the time
the Soviet government came into pow?
er. After L?nine and Trotzky had ap?
pointed him the officiai representative
of the Bolsheviki in this country,
! Marten said, he made a demand on
| Bakhmeteff for such property as the
I Embassy had. The funds are alleged
I to have been deposited in Washington
i for the purchase of war munitions.
"Do you know what became of the
i money?" Martens was asked.
"Yes, it was spent?mostly for sal?
aries," he replied.
Efforts to Get Funds Fail
"What is Bakhmeteff's position in
this country now?" Martens was asked.
"He hasn't any; he doesn't repre?
sent anything," was the reply.
"What does Bakhmeteff do in Wash?
"Ho occupies the building of the
Martens explained that his efforts
to obtain the funds had been in vain.
When he was asked to produce "let
: tors and other papers received by him
j from Soviet Russia" from last January
| to the time a subpoena was served on
bim on November 14. Martens an
inounced he wa3 prepared to defy the
committee. He said that on the ad
I vice of Dudley Field Malone, his coun
| sel, he would take the position that
the committee had no right to inquire
I into the confidential correspondence
between a foreign government and its
The committee will determine this
morning what action it will take. It
was said that alternatives open to the
committee were either to proceed
i apainst Martens on charges of having
' committed a mi-deameanor or of tak
I ing him before the ?Supreme Court to
! show cause why he should not be pun
I ished for contempt.
Martens was. in^stent in his refusal
j to answer.
Some of the points on which the
j committee asked information were:
The names of messengers who, he
admitted, brought funds to him from
? Russia, and their method of getting
' into this country.
Copies of his instructions from L??
nine and Trotzky.
Copies of letters he issued to assist
persons to travel between Soviet Rus
I sia and other countries.
His account books, showing what re
? ports he made to the Soviet govern?
ment on his expenditure of money ir
; the United States.
Explaining his claim of immunity
Martens read a statement which h?
i said had been prepared with the aid o;
his counsel. The statement read:
"I desire to state the reasons why
'? decline to produce my correspondents
; with the government of Soviet Russii
' and to answer any questions relating t<
"I am the duly accredited representa
| tive of the de facto government of So
1 viet Rusia. A de facto governmen
; has been defined as 'such as exist
after it has expelled the regularly con
; stituted authorities from the seats o
power in the public offices and estab
lished its own functionaries in thei
places, so as to represent in fact th
sovereignty of the nation.' (Moore'
Digest of International Law, Volume J
Page 44, quoting from Williams agi
Bruffy, 96 U. S., 176, Pages 185-186.)
"it is further said by the same au
; th'ority that a de facto government en
: joys 'the rights and attributes of sov
i reignty . . . independently of a!
recognition.' (Moore's Digest, Volum
: I, page 72.) Now, it is the accepte.
I principle of international law that th
correspondence between a foreign go'
ernment and its representative la priv?
"I have applied to Justice Green
bnum, of the New York Supreme
Court, for relief. I have read in the |
newspapers that my application has
been denied, but no copy of the order
denying my application has been
served upon my counsel. As soon
as we are served with a copy of the
order of Judge Greenbaum we intend
to take an appeal from his order.
"I have answered all questions per?
taining to my own activity within the
State of New York; 1 have produced
all my books and correspondence, al?
though I might have claimed privilege
under the principles of international
law. But, to quote t!,e language of
the late Secretary of State May in a
similar matter, a representative of a
foreign government 'cannot be re?
quired to divulge information which
came to him in his official capacity,
for that is the exclusive property of
"I desire to emphasize once more
that the reason I decline to answer is
not that I have anything to conceal,
but as a matter of principle I have
no authority to divulge the contents
of my correspondence with my govern?
Tried to Get Walsh as Counsel
Martens testified that he had con?
sulted with Frank P. Walsh, formerly
joint chairman of the National War
Labor Board, in an effort to persuade
? Mr. Walsh to act as counsel for the
\ Soviet Bureau. He testified he had
'. held two or three conferences with Mr.
j Walsh in November, and that the lat
? ter had advised him as to his rights
? before the Lusk committee.
Martens also admitted he had inter
: viewed James Larkin, thj Irish agita?
tor, who is under indictment on
charges of criminal anarchy.
Girl Kills Maniac Brother
Shoots to Save Mother When
Son Attacks With Knife
HYATTSV1LLE. Md.. Dec. il. -Mis*
Julia Lyon, the nincteen-ycar-olc
daughter of Wallace C " .
i Lyon, shot and killed her brother, Wal
Apples have ever been held
in nigh esteem by the mighty.
i Philip of Maced?n proclaimed
.them his favorite dessert.
i Alexander the Great causeo
them to be served at all hi.*
The Romans named them
after their popular heroes.
And the patrons of CHILDS
prefer them above all other
FraiiS baked apple,
apple (auce and up
pi o pie- thro? faror
itM at CHILDS.
FRJNl?LJMi SIMOW^ MEN'S SHOPS
j to 8 WEST jStft STREET
Men's Full Brogue
Lace Balmoral Shoe
The kind of shoe for
this kind of weather!
There are shoes to walk in, shoes to dine
out^ in, and shoes to dance in, but here's
a shoe to step out.in, without asking odds
of the weather.
A full English brogue last, with perfor?
ated wing tip and vamp seam, glove-grip
arch, and full double soles from toe to heel.
Made of the finest grade mahogany calf?
skin that the Kine will yield, and possess?
ing a bull-dog beauty and tenacity that
the weather cannot feaze.
lace C. Lyon, twenty-six. thin after?
noon. The young man, who was men?
tally unsound, attacked his mother, and
it was to save her life that Misa Lyon
shot him. The shooting took place in
the dining room.
Lyon was about to renew an attack
upon Mrs. Lyon with a carving knife,
when Miss Lyon fired three shots from
a revolver, two of which took effect.
The otfler shot struck Mrs. Lyon, in?
flicting a minor wound.
Soviets Seek to Disturb
British Control in India
LONDON, Dec. 11.?A serious situ?
ation has developed in the Transcas
pian region, where, as a recent Bolshe?
vik official statement showed, the
Bolsheviki claim to have resumed the
offensive and occupied Kazanjik. The
British War Office reports afford no
confirmation of this assertion, but its
truth is generally accepted.
It is pointed out that the Bolshevik
advance in this region might easily re?
sult in a grave position for Great
Britain in Asia, as the Bolshevik suc?
cesses bring them in closer relations
with Afghanistan and create a danger
that these two influences adverse to
the British will combine to make trou?
ble on the border of India. It is con?
ceded that the Bolsheviki and the
Afghans have a common desire to see
Great Britain embarrassed in these re?
United States Railroad Administration
Director General of Railroads
Through Sleeping Cars to the
Effective December 12
Through sleeping cars New York to the South via Washington
temporarily withdrawn from daylight trains account of coal shortage will
be restored to through service from New York effective 12.01 A. M.,
Trains leaving New York for Washington at 10.08 A. M.. 2.04 P. M.,
and 3.38 P. M., will be restored at the same time.
Consult Ticket Agents.
STORE HOURS: 9.00 A. M. to 5.30 P. M.
Friday and Saturday
Two Christmas Specials
Cravats without a peer anywhere at this price. Made
o? those fine looking Swiss and Italian Silks usually
eomtined to much costlier neckwear. The patterns are
most uncommon, and the colorings are blended with
theft perfection which gives them an indelible stamp of
originality and refinement. A better lot of cravats you
never saw?nor we!
Men's Silk Mufflers
Fine accordeon-stylesiJk mufflers in rich two-tone effects;
At $8.75 they are entirely without competition.
Select the Gift of Gifts at Saks Today in
A Sale Extraordinary
"Florette" Pearl Necklaces
in matinee or opera lengths with 10
or 14 Karat Gold Spring Ring Clasps
At Less Than Half Price
This is the opportunity of opportunities, for never before
have "Florette" Pearls been offered at a reduced price.
Because of their wonderful opulence and delicate tim?
ings "Florette" Pearls have won a national reputation
among women of fashion. To receive a necklace of these
beautiful pearls at Christmas would win any woman's
heart. You cannot go wrong if you
'Say It With Pearls "