Newspaper Page Text
All the Xews
Herald Prints It First
While It's Fresh.
Evidence Is So Strong Against the Prisoner That Judge
Concludes It Is Kot Right to Allow Him to Have
His Liberty During the Trial Evidence of a
Druggist Very Damaging Against the
Man on Trial Wife Hysterical-.
Kansas City, Mo., April 28. Hugo
Brecklein was recalled to the stand this
morning: when the Hyde murder trial
began and questioned by attorney
Walsh for the defense- Brecklein's tes
timony yesterday was considered -ery
damaging to Dr. Hyde.
"Is cyanide of potasium used inter
nally in quantities of one grain for cases
of acute rheumatism, cleaning silver
and dropping into the eye, etc?" asked
Mr. Walsh. "It is." replied Brecklein.
Mr. Walsh attempted' to show that
cyanide was put to many more common
Mr. Brecklein said he had sold poison
so few times that he could only refer
the attorney to what the books said.
Yobrs Swope Testifies.
Thomas H. Swope, jr., then told of
finding capsules which Dr. Hyde had
thrown away on the street and of
recognizing the odor they emitted as
cyanide of potasdum.
"December 18 -while walking down
Pleasant stre-et in Independence,"
Swope said, "I saw Dr. Hyde approach
ing me. A block from me he crossed
the street. Just alter he stepped off the
sidewalk, he dropped something and
stepped on it. When he passed on I
found a broken capsule in the snow, x
picked it up. Going home, I noticed a
peculiar smell about my hands. It was
like burned almonds. Later I recalled
that I had smelled that odor before, it
was cyanide of potasium.
Mr. Swope worked in a mine in Tono
pah, Nevada, and said he had used cy
anide in testing gold and was familiar
with Its odor. Chemists later verified
his belief that the capsule contained
Bond Is Revoked.
Dr. Hyde's bond of $100,000 was re
voked and ,the physician was placed
in the county jail by the order of judge
Active Construction on Rail
road From Whitewater
Into This Rich Camp.
IS BUILDING IT
That at least five miles of railroad
grade is already built between White
water, ICew Mexico, and the rich mines
in the Burro mountains of New Mexico,
ta the dec, Uon at . . m one
of the best known mining men m the
southwest. Mr. Wayne is the man who reference to the constipation and
formed the Savanna company and later .. eoi)es :hts
consolidated the Chance and the Top i ie oetpiei, rj0uus
mines in the Mogolions. also near Silver Mrt Colamtt poke for two hours, his
City. The Savanna is in the Burro speech being amilar to those he has
district to which the railroad is now delivered since he lert south Texas. He
buildings I anilo:ullce(- that ihe was asainst the sub-
The completion of this line of roa5- fitting of a. constitutional amendment
from Whitewater, which is on theSan- and or course, against statutory prohi
ta Fe's Silver Citv branch line, is ail : bition. He made- the local self govern-
that the Burro district needs to make
It one of the richest copper producer
in the southwest; not alone copper, but
zinc. Iron and silver, too. 'Mn Wayne
says this and other mining men are of
the same opinion and have been for
years. The Phelps-Dodge company is
heaviily interested in the district,
which is one of the guarantees of its
richness for this company has never
made any investments in poor propo
sitions. Phelps-Dodge Co. Interested.
The Phelps-Dodge company is said
to bi behind the railroad, but this
has been denied by general manager
H. J. Simmons, of the Southwestern
raiiroad, the Phelps-Dodge railway cor
poration. James Douglas is in active
charge of the construction work of)
the railroad, but Mr. Simmons says
rhat Mr. Douglas left the Phelps-Dodge
company, of which his father. Prof.
James Douglas, is president, and has
taken service with the Chemung Copper
company, which is nominally building
te line from Whitewater to the Bur
.'os. Mr. Douglas, jr., was formerly
manager of the Phelps-Dodge Mexican
properties, with headquarters at Naco
Difficult Construction "VVorlcT
Mr. Wayne declares that there is
f Continued on Pzge Two.)
TO INJURE THE DAM
AlfeHQuerqne, X. 31., April 2S. At a meetlnpr of the Albuqnerque Com
mercial club-last night it WC8 decided fo hold a joint mas meeting in this
city May 11, fa nhicb all cities of aorthem New Mexico will be invited to par
ticipate, to protest ajjaiast the attitude of the roi eminent in preventing the
ceBKtrHCtioa of storage reservoirs above the location of the Elephant Butte
X.atshaw at the close of the criminal
court session last night. This action
means Dr. Hyde must remain in prison
until he is declared Innocent by a jury,
or is permitted by the court to furnish
a new bond.
The action of the court was due to
the nature of the evidence presented
by the state against dA Hyde. With
out notifying any one of his intention,
judge "Latshaw summoned county mar
shal Joel B. Mayers into the court
room, after the jury had been removed
"In view of til; testimony that has
been thus far given in the trial, the
court is constrained to say that it
amounts to a presumption that, under
the law, deprives the defendant of the
right to go on bond, and "he is hereby
remanded to the custody of the mar
shal." Mother and Daughter.
Mrs. Hyde stared at the judge as
he spoke and when he had finished she
threw her arms about her husband's
neck and sobbed hysterically.
Mrs. Dogan O. Swope arose from her
seat and hurried from the court room
as soon as she understood the Import
of the judge's words. Later when she
met Mrs. Hyde standing with an at
torney in the hall, sobbing, she passed
by quickly, boarded her automobile and
Scarcely had the court ceased speak
ing when attorney John Lucas, repre
senting Dr. Hyde, had the following
statement entered into the record:
"The defendant maintains and al
leges that the remanding of him to
the county jail, pending the trial of
his case, will have the effect of pre-
(Continued on Page Six.)
Takes a Rap at Them and
Calls Them Embezzlers of
AT BIG SPRINGS
Midland, Tex., April 28. Hon. O. B.
Colquitt, candidate for governor, ad- i
, TJ. I
S ?-? HoTof lET-
,v"ho. ttii1 him frr bi- nn-i'nn
Hient armment and begged that the peo
pie of Texas be given a rest from ixli-
He was more severe on Davidson than
either of the other candidates, though
each one came in for his share of notice.
He spoke in favor of fewer 3aws and said
the people needed a rest so that they
could adjust themselves to those -laws
Falreadv on the statute books. Mr. Col
quitt carries with him a copy of the
constitution 'to which he refers repeat
edly. He defended those legislators -who dis
regarded the Democratic platform and
said that each representative had the
right to abide by the sentiment of his
He argued that prohibition was a
rmoral question and shond -ibe settled out
side of politics. He accused the prohi
bitionists of trying to tlirow the respon
sibility of settling this matter upon
r"nTi-n '"n fl lecrisln-ture '"
sinners in tne icmsitu-ure.
He said: "Man's appetite is God giv
en and no law can change or curb kiat
which the Almiphtv power cannot." He '
rapped Dr. Eankin a time or two but was
li-hter on all of his opponents than the
people expectea main to ne. (
Ha mvniiui rntjr. ti i v z.n -riTTpni. n-r. T.na
people fk Texas were trying to change !
(Continued on Page Seven.)
Paulhan Wins Big Purse for
' Sailing From London to
Manchester in Air.
GOT STARTED AS
Manchester. England, April 2S. The
first aerial derbj' for a prize offered
by an Englishman has been won by a
Frenchman and handsomely. A late
sleep cost an English aviator $50,000. m
Louis Paulhan, lately returned from
America, started from London late yes
terday afternon in an attempt to win
a prize of $50,000 offered by lord North
cliff for a flight from London to Man
chester In 24 hours, with but two stops,
arrived here at 5:C0 this morning, al
most exactly 12 hours after starting.
Paulhan was benumbed with cold and
, thoroughly exhausted, when he landed,
but a big crowd, which had watched
him coming steadily as a steamer on a
smooth sea, gave him an ovation.
Graham White, the Englishman who
also started but who was compeled to
descend 60 miles from Manchester,
Paulhan did the last 24 miles in ex
actly 24 minutes.
The winning of the prize Involved
one of the most sensational contests
ever seen in Great Britain.
It was a race between Graham White,
the English aviator, and Paulhan, a
Prenchmait. White, a few days ago,
attempted the trip but was compeled
to desist and descend at Litchfield, after
covering 115 miles. Paulhan ithen ap
peared on the scene and th'e two avia
tors made hasty preparations for the
flight, each striving to be first at the
start.. Paulhan stole a march on the
Englishman, ascending from Hendon
at 5:20 p. m. yesterday.
White, who was sleeping peacefully
at the time, was apprised of this fact
and made a quick start from Park
Royal at 6:30 p. m. Paulhan, flying
.high, and fast, covered 117 ,miles ,befr
lie landed.-making; that distance- intwo
hours and 50 minutes. He descended at
Litchfield at S:10 p. m. and rfeascended
at 4:09 a. m. to complete 'his journey.
White succeeded in reaching Reade,
a distance of about 60 miles, descending
on account of darkness at 7:55 p. m.
He managed to overcome some of the
handicap by starting again on the long
Journey to Manchester at 2:50 a. '
He landed, however, at Polesworth,
which is 60 miles from Manchester.
CREEL TO HOLD
DOWN TWO JOBS
"Will Continue to Be Gover
nor If He Becomes For
Chihuahua, Mex., April 28. While
Gov. Creel has given out nothing offi
cial vet about his appointment as min
ister of foreign relations in president j
Diaz's cabinet, it is known, too,
he is preparing to leave for Mexico
about Sunday next. It is known, too,
that Jose Ma. Sanchez, who was act-
-ng governor when Mr. Creel was Mex
i? to b chosen for the same, position
" "T'VZSZS, """
will not resign the governorship.
.RESCUES FAMIL.Y: MAY
DIB FR03I HIS BURXS.
Tulsa. Okla., April 2S. H. M.
Delaney received burns which
probably will cost him his life,
while rescuing his family from
a fire which destroyed their
home early this morning.
All were asleep when the
flames broke out and the build
ing was soon enveloped. He
carried out his wife and two
H. J. Maple, of 513 Corto street, un
derwent an operation yesterday at a lo
cal hospital for appendicitis. He is
TRANSFORMATION OF A
Music ana Southwestern Sun Also
He was a grouch; it was visible to
everyone who saw him, for his face was
-,,-, ,,- t. a .. 4..
crinkled ana his mouth oroopea at the
corners in a manner
that only the
mouths of grouches do. He was young
i duc ne naa sourea on tne worm, ana me
I world on him. He haa forgotten how
to smile. But he is now curea. The 1 brownea by its heat, yet healthy, hanv. haa wonaerea before why El Paso chil
wrinkles are still there but they form a j frolicsome chiiaren, romping ana playing ! aren were all aressea in white. It seemea
smile insteaa of a frown. j on the grass. One of them came to the so expensive to aress chiiaren in white
Sunday he went to Clevelana square j grouch ana smilea at him; it hurt, for it ana he askea the boy ana the boy tola
ana he haa the grouch with him, in fact aia not seem natural, but the grouch i him.
he haa not been without it for a long smilea back. "jjy ama savs it costs lots of money
time, but he lost t up there in front of I There was contagion in the smile of to keep my white clothes clean, but she
the big banSstana at the rear of Car- i that little curl" hairea boy in his blouse ' knows they are best because the sun
negie library. A little chiia curea him. '
As the soft strains of an Italian opera
floatea out across the green, the lines in
the grouch's face relaxea. He actually
J found himself enjoying the music and .
Sweeney Resigns and Mc
Ghee Is Elected an Alder
man; Fassett City Clerk.
THANKS VOTED TO
It is not mayor Sweeney any more.
It is plain Jos. TJ. Sweeney. He is not
an officeholder any longer. At 12
oclock Thursday, April 2S. mayor
Sweeney ceased to be and mayor Robin-
son came into power.
At the morning session of the city
council, after he had read the pro-
posed new franchise of the water com-
pany, mayor Sweeney tendered his
resignation. THe city clerk read It.
The mayor arose to speak but hesi-
tated; a lump gathered in his throat,
tnere was a sod m nis voice ana twice
he stopped to take a drink of water.
He said: "In tendering this reslgna-
tion, I want to thank you for your sup
port, for the manner in which' you have
held up my hands during the time that
I have been In office. I am leaving the
mayor's office because I have devoted"
so much time to the city with detriment
to my own interest, though I shall nev
er regret a day that I have devoted to
the service of the people of El Paso.
"I have not always had the most
pleasant situations to deal with; I have
made enemies by the enforcement of
my policies, but I do not regret that
and I am proud that I have made ene
mies in serving the people, but I go out
of office with 'malice In my heart to
ward no one.
"For nine years the people of El Paso
have supported me and elected me to
office, supported me to a greater ex
tent than I have deserved and I feel
grateful toward them.
"My only regret in leaving office is
that I leave this body of men with
whom I have been intimately associated
and from whom I have received such
strong support for the past three j'ears.
We came In here practically strangers
and now I leave those whom I consider
my best friends. I am proud of the
fact that we have never had any dis
sensions. "I understand that Mr. Robinson will
succeed me. I want to ask you to sup
port him. I would have been unable
to accomplish anything without your
support; I would have beep a jfallure
without It and he cannot do anything
unless you hold up his hands.
"Keep down all personal grievances
between one .inother; we have had none
and I hope you shall have none. I
thank you, gentlemen."
A Word of Praise.
The mayor remained standing and al
derman Blumenthal, arising, addressed
his as follows: "I want to express my
sincere thanks for what you have done
for me and for El Paso. In accepting
your resignation we do so with regret.
(Continued on Page Seven.)
Help' To Chase the Grouch Away.
he lookea up when the selection was fin- j
ishea ana again heara music; not that of
the bana, but the music Of chliaren's j
Pretty children they were, with hair '
flying in the hreeze; pretW chubby faces,
kissea by the southwest sun, ana little :
bare arms ana bare legs as yet not I
ana Russian knickerbockers, ana the man .
smilea again. The little fellow crept '
closer to him ana soon they were chat- '
ting like two oia cronies and the hoy
was telling him ail about mama ana ,
California Man Tries to Pur
chase Townsite for $25,000
After Seeing Well.
camp csty, x. m., April 28. Repre-i
senting a syndicate of Cnlifornians, a.
man made an offer yesterday to the
owners of OamD Citv townsite. accord- '
j . , .,. s,,m" rtf 59- nnn fer
their holdings, but they Tefused it. He
made the offer after taking a look af
J the well and i0oam, over conditions
generally in this region,
I All of the land in this township and
for two miles out of the township, has
! 1 stake.l off and claimed by persons
A0 j,ave faith, in the field and believe
thnf jj- AVii produce oil
j, p Fpiti f t-np William Jen-
" " rv, ;Bvi i,n boa- .w?Q.ir
and went on to Alamonordo to file on
claims 'he staked out the other dav- ilr.
j Fegan used to represent an oil conmany i
in, the southwestern commercial neM.
and he snfys.Gamp City oil prospects
look crood to him. )
I The drillers are making splendid prosr- j
j ress in clearing the well of the sand in ,
j their endeavor to reach the drill and re- '
j strnie work. They have got down S00 j
' feet and have gone through 230 feet of
the sandlock which has been holding
down the drill. The gas bubbles are still j
noticeable " in the water pumped out. j
As the depth or the well as 2 0) feet, !
the drillers cmrbt to eet to vhe anil
some time today if nothing happens to
rexaru tne -worK.
It was a Tucirmean comoany and not
a luiarosa comoany tnat was rormeu
for the purpose of erecting a derrick and
shilling for oil on filings made bv the
people of that town.
TfrnW Tt$ "BSTTSSELS
Joined by His Fannlr, He
Journeys From Paris
Paris. France. April 28. Mr.
Roosevelt's visit to Paris, dur-
1ng which he was showered
with honors terminated today,
when, accompaniqd by Mrs.
3 Roosevelt, Ethel and Kermit,
who joined him here, took the
'- morning train for Brussels.
The family was given an en-
thusiastic send off at the rail-
-- way station.
c Brussells. Belgium. April 28.
- The Roosevelts arrived here
from Paris at noon. Their -
-- welcome was most cordial. &
There was a great throng at
$ the station when the train ar-
$ rived and Mr. Roosevelt was
& loudly cheered as he was offi-
& cially welcomed by burgo- '
-4 master Max and baron de Moor, -
$ aide-de-camp to king Albert-
FAMTIjY STAR.VIXG? STEALS
- BACOX; 2 YEARS IX" PEX
"Weatherford. Texas, April 2S.
S!d Leftwich, of Peaster,
near here, received a sentence
4 of two and a half years In the
- penitentiary for the theft of
four sides of bacon, taken, he
says, to keep his" family from
- strvlng. An effort probably
-fr will be made to obtain a par-
- don for Ief-twlcli.
SETTLING A STKISvb. '
Kansas City, Mo.. April 28. Ninety
percent of the coal operators in Mis
souri, Kansas, Oklahoma and Arkansas
met today to formulate a proposition to
submit to S5.000 striking coal miners
in the southwest. The miners have al
ready submitted the proposition to the
operators ,and a joint meeting prob
ably will be held tomorrow.
C, A. Brann
papa. The woria haa lost but the bahv
haa- won, ana the man went away
filing. He soon came back, ana he j
! founa the bov a secona time ana he for
got his grouch for all time,
Then he saw other chiiaren, he noticea
how happy they were, how carefree ana
how they were aressea in white. He
can creen through anarthe sun is fi:ooa
for little hoys, yes, ana little girls, too,
an' I like 'em."
Ana the grouch aamittea that he dia.
Water Company Balks at
Stipulations That Limit
ON OTHER POINTS
BOTH CAN AGREE
New Franchise for Company
T Tv,-,3 t,Vw4-
The new minimum charge for vrater Trill be $1-25 a month, instead f 9
,-ent, the old rate, provided the city and water company reach. agcecHi t ea
one olher point.
The new charge per thousand will be 35 cents instead, of 28 cents, tie eld
rate, provided the company accepts the terms the city seekx to impose.
The International "Water company tvHl at once not in over $400,969 wertls
of work and agree to furnish the city with an ample supply of bht naesa
The city will regulate and decide ae matter of mininsana. charges is -tenement
The receiver will be discharged after-the city ana company reach an agree
ment. Federal Judge Iaxey refused to take the responsibility far fixing a rate
or deciding the minimum rate matter In reference to tenements, hat referred
them to the city. Master in chancery J. D. Sayers, ex-governor of Texas rec
ommends the new rates, afte5r lengthy conferences with water officials ana city
officials, and judge Maxey referred It all to the city council. The council ana
the water officials agreed at once on all bHt one clanse in a new franchise;
that clanse regulates the amount which the company can earn and the com
pany objects, officials believing It too small.
The city council Thursday morning
determination to end the" trouble In the
granting or a new francnise. Just as
; the council had finlshedthe other busi-
ness of the day. city attorney Coldwell
arrived from the federal court and W.
II. Burges, attorney for the water com-
, pony, came at thesame time.
Mayor Sweeney then saia: "We have States court Thurrsday morning ac
been engaged in an endeavor to adjust . cepted the supplementary report of ex-
the water matter.
Wc Iiave agreed on
ever3 point except one. The water com-
j .. .. j ..-v.... ....... v. &,t wv.&c.iGi vu j uc viioigcu. xae men referred it DUCK
one point. to the city ami the water company, as
"I have here an ordinance amending j a basisupon which a new contract could
the franchise of ""the water company. ' be entered into between these two par
The improvements recommended by ties with a view of carrying out the
exgovernor Sayers and engineer Hunt j recommendations made by the master
will be Inserted, then the schedule of in his original report to the court In
rates; third, mesa water; fourth, an op- which he held that rates should be In
tion to purchase the plant in three , creased to enable the company to make
years from the present time at values to $225,000 on Its Im-ftst-menf--
j be fixed by an amount to be determined
upon then; the 640 acres of land not ; plementary report of the master and
to be valued at more than $62,000. Land , Immediately upon the announcement of
Is Increasing In value and this insures j the court's finding, the attornevs for
to the city of EI Paso that no matter I the city and coanpanj' left the" court
what the increase in values no more j room to take the nnatter up with the
than this amount shall be paid. city council with a view of formulat-
"In the event the city and water Ing a new contract which would In
company cannot agree on -the price to elude the findings of fact contained In
be paid, then arbitrators shall be ap- ! exgovernor Sayers supplementary re
pointed. The arbitrators shall not be port
residents of EI Paso, shall have no real j Agreeable to CoHrr.
eii.u.ie ueie. &ub.u nave no interest in
(Continued on Page Seven.) f (Continued on Page Seven.)
REPORT OF THE MASTER
TO THE FEDERAL COURT
Xo. 5D. In Equity.
In the United State CircHit Court,
"Western District of Texas,
El Paso DivisiOH-
CKy of El Paso ;
International AVater Company.- .
Comes the master, and In obedience to instructions hy the coart, sab
nuts the following1 additional supplemental report:
As to the rates to be Imposed in order that the International "Water com
pany may realize the amount of $225,000, as annual j?ross earnings, the Mas
ter represent as necessary the following water rates: J
Residences, boarding houses, office buildings, stores and other trading
establishments, R.1 cents per 1000 gallons, subject to a mlnlnmm laeatfcly
charsTe of $15 to each consumer which minimum entitles the consumer .to
use of 3G00 gallons of ivater.
Factories, dairies, schools, hotels, hydraulic elevators, hospitals, aad oth
er commercial enterprises, not otherwise numerated, Hsinc 100,000 gallons or
morcper month, 20 cents per 10OO gallons, tne minimum rate to be $20.
City parks, schools and other city building", 20 cents per 1G00 saltans,
after 1S,000,000 sallons of free water is consumed.
Sprinkling city streets. 20 cents p?r 1000 ffallons.
City fire hydrants, $32.o0 per year.
City flush tanks. $-lS per year.
Private fire hydrants, which are installed 'and maintained at coHSHiaer'
eipense, S2UJI5 per year.
Railroads, usinpr 1,."00.000 or more alloan per month, 121-2 cests per
1000 jrallons: less than amount specified, 20 cents per 10UO gallons.
The above rates were conjointly prepared by Frank H. Todd, city en
gineer, and AV. E. Anderson, manager oT the company, and were submitted bv
them to the master as having been carefully considered and prepared. Thes
Z 7a 71
rntes there is no dUcrimination for or a!n,t
the rates were prepared by them with the ricw that their burden should b
equitably borne by the people.
The master recommends the adoption of these rates to the court upon the
conditions: (1.) That the Internation il AVater company shall furnish the
city ami its residents with an adequate supply of water exclusively from
the mesn: (2.) That the company at onie nut the large shaft well, now un
used on the mesa, In such condition thnt it will reader effective and success
ful service for Kupplying water; and (3.) That the company will withoat de
lay expend not less than $-t42,7.1S In order to comply with the requirements of
the city ordinances, and to construct improvements and additions
to Its plant in accordance with the plans and specifications submitted by
its manager (AV. E. Anderson) at the hearing begun by the master at the city
of El Inso, on March IS, 1910.
In reaching the conclusion above stated, the master has borne in mind
that if any mistake has been made in the foregoing tabl of rates, the city
c council of El laso has ample authority, under the net of February 25, 1007,
to correct the same. ,
Respectfully submitted, .
Jos. D. Snjers, Master,
EI Paso, Texas,
April 28, 1910 - - - 12 Pages
Judge Maxey Refers the
Matter of Rates to the City
A BASIC RATE
Judge Maxey Says He Will
Discharge Receiver When
City and Company Agree.
Holding that the court had neither
power as a judicial body to change the
contract now existing- between the In-
! ternntional Water crnmam- nn h
i citv of El Paso: also that th court
had not the power to raise rates but
j had only the power to say whether the
rates were unreasonable or not. iudsre
T. S. Maxey, isittins in the United
governor Sayers: mdster In chancerv fa
J the water case fixing- the new rates to
i There was no exception to the srm-
i As soon as tlin tm -ni-Ha i.
herewith presented, that In the
any class or interest, and that