Newspaper Page Text
EI Paso, Texas,
June 24, 1910 - - - 12 Pages
All the Kew
HeralcPPrints It First
While It' Fresifc.
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New Head Of South 'African
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Slayer of E. KoMberg Goes
on Trial a Week Af er End
ing Idf e of His Victim.
TO BE QUASHED
Jatoa Leecfe wa called for trial for
tis life fet the 24ch district court for the ,
sxardor of K. Kaklbert Friday, June n,
3st a. week after the killing. Between
tw -lepery sheriffs Leech entered the
rocrt rezH Friday morning shortly after
S oclock and sac daring the opening ses
foa af the jaurder trial as if he was
participating In a civil suit rather than
the gravest en the criminal calendar.
Tfeet the defence Is sparring for time
sd is -apposed to a trial, was shown
early in the opening session when at
torney P. E. Gardner for the defence ln
TTodwed a mockm to set aside the in-d.-taeat
f the grand jury dn the ground
tax the special grand jury nas not
property called; that only ten grand
ftwers TPrere present at the special ses
1or. Chat the Indictment had been
rr-ogfet ahosx at the instigation of a
combteatloa of influential persons id
wa not the result of cairn deliberation
sI that Leech had not been given an
TortsaJty to challenge the array ot
t e rraad Jery.
This zaotfes was promptly! answered
fr djtrict attorney W. D. Howe. who.
la a written reply answered each poinv
$r the original motion
Motion Is ArjCHed.
Attorney J. EL Whorton for the defence
and Jdge T. A. Falvey, for the state,
preheated the only arguments on thn
rat!os which was immediately over
ruled hy judge John IL Harper, presid
ing Is the 24th district courts For the
defeace, attorney Whorton claimed that
tL fact that she grand jury had been in
Fezsbra prior to the commission of the
rxime did not bar the defendant from ;
using Ms right to challenge the array
cf the grad jury and that this right
sd been denied him. This was answered
try Jcdge Falvey for the state, who de
t ared that the right to challenge can
cr-j be exercised when the grand jury
Is flrt caHed. He also held that as
e'ee jsrws constituted a quorum, the
ia't that there were but ten grana
-xer present made no material dif
ference In the indictment- As soon as
tp judge rendered his decision on the
znotien, the attorneys for the defence
Claase of Venue Asked.
rTy "Whorton then asked for time
Ja s- inch l Far-anapclication for a
cUage af veaee. He was givena-rea-Fossble
time to prepare this applica
tion aad jadge Harper informed the
rperfal venire that it was excused un
O 2 dock Friday afternoon. The ap
pliratsan was then prepared by the at
torneys and was signed by Emery A.
Smith. R- S. Clay and H- C. F- Gelseler. J
the dafea feeing that tne deiena-BT-t
coald not get a fair and Impartial
tral ia the EI Paso courts. As soon as
tr;s tzs filed and while the attorneys
for th state were preparing their writ
ten aaswer. jadge Harper adjourned
court anti! 2 oclock p. m- A't 2 the
special venire was excused until Satur
day at S clock and the arguments were
Leech Is Xcrrons.
Leech was visibly nervous when he
T-as first brought Into court. He was
cfcewiag gum incessantly and his hands
fcnd feet were constantly aioving as he
taiked with his attorneys or looked
around at the crowd which had gathered
Jn the courtroom before court was
opened- He had had a clean shave be
fore leaving the jail and a new pair of
Ffeoes were soiled for the first time as
Le walked from prison to the courthouse
with the deputies. He sat facing the
jury bax, as he became accustomed to
tLe crowd which continued to slip
through the swinging doors until the
courtroom was crowded, he looked
around and spoke to an occasional per
son whom, he knew.
While talking with his attorneys he
showed signs of returning nervousness.
Once he smfled at something that was
said to him by his attorney and, while
tLe attorneys were preparing the ap
plication for a change of venue, he took
13 -steel rimmed glasses from his
p cket and read a paper which was
landed to him by one of the deputies.
Onlv otve did he seem to wish himself
snr from the courthouse- That was
when attorney "Whorton asked for time
to prepare aa application -for a change
of veaue. As he spoke in a low tone of
Tl(fe the crowd moved up to the rail In
order ta hear what the attorney said.
TH-puties Greet and Bryant started to
posh the crowd back and the prisoner
ContInued on Page Two.)
2Cew Xork, K- T-, June 24. : the dingy
coartrooa of Hoboken was packed to
suffocation tnis morning by curious
people, court officials and lawyers to
afend the preliminary hearing of Pprter
CharKon. the self confessed murderer
of his wife, whose body was found In a
trunk In Lake Como. Italy.
At the request of one of the attorneys
for Charlton, who has just been brought
Into the case, adjournment was taken
until Teeeday to enable him to famil
jariz himself with the case.
The defence for Chariton will be in
sanlry. Should a requisition be made by the
Italian government, which no doubt will
fc dose, pending its arrival here Chari
ton will be examined for his sanity. It
is though very unlikely that the state
departiaent would grant the requisition
should k develop that Charlton's mind
TVniJe the judicial authorities In
Home say the Italian government will
dniand-the extradition of Charlton, the
sentiment of the government is dn
o'.ned to the plan of asking "Washington
to have the prisoner tried in the United
States, according to a cable.
"Within half an hour after his arrest
Declare State Never Had
Better Rating, If People
Will Only Clean Up.
STATE BOARD MAY
CUT DOWN CHARG-HS
Austin, Tex., June 24. Attorney
Thompson, of Dallas, summing up for
the insurance companies, declared that
"outside of El Paso and Orange, there
is nothing in this contest, nothing that
should command the attention of this
board for 20 minutes.
"These are the only cities that even
seem superficially to have any grounds
for complaint. Orange has always
been rated too low, for it is a town
full of special hazards entitled to a
high rate and the El Paso rates were
also abnormally low."
'Thompson presented figures to show
that last year's loss ratio in Texas was
78 percent on $1, 13 cents for each dol
lar received In premiums.
He said the companies had received
under the partial application of the
new rates a million dollars less in
premiums In five months this year than
In the corresponding period last year,
notwithstanding a nine million dollar
increase in insurance outstanding.
I Rates To Be Lower.
The companies' representatives insist
that the average rates over the state
will be lower than last year but the
companies would expect to suffer less
fire loss owing to the improved condi
tions. In presenting the data of averages,
Thompson qquoted from insurance
trade journals and commissioner Hawk
ins remarked that he hadnoticed many
Thompson quoted from insurance
journals, purporting to be based on
records In his office.
Hawkins urges a full presentation of
the case of the protestants from every
standpoint and Invites the inspection of
records and statements filed by the
j companies with the new law.
The- Law's Responsibility.
The insurance companies refuse to
take any responsibility for 'the new law.
Their representatives say the companies
have been trying In good faith to meet
the requirements of the law. of which
the companies disapprove.
All they want, say some of the most
prominent insurance men, is to retain the
right to frame and maintain a system
of analytic ratings. They say an insur
ance trust or binding agreement is ab
solutely 'imposslble-because, the busi
ness Is highly competitive. They say
rates are lower in states without re
strictive laws than in states where
antf-compact laws are severe.
The companies on Friday presented
much testimony and figures to estab
lish their case and to show that the re
sults of the new system are not dis
approved by the state at large
Radical Action Expected.
The chances are believed by Hudspeth
and Sweeney to be strong for radical
action by Wright and Hamby. of the
board over the commissioner's "head and
it Is rumored that the legislature will
not only repeal the law butvwill go fur
ther and enact a stringent anti-trust or
anti-compact law applying to fire in
surance companies. (
So far as El Paso is concerned, the
companies are inclined to censure the
city for not taking the necessary steps
to reduce the key rate and reduce in
dividual risks by making the changes
suggested. They say El Paso got what
It deserved, but that it can obtain a
much better rate, even less than old
rate. If property owners spend money
and work to reduce the fire hazards and
increase the protection.
The EI Paso Loss.
Xinetj'-seven companies report the
loss ratio In El Paso of 6b percent. It
Is claimed that by spending a large
sum for improvements the key rate can
be lowered to 8 cents. The companies
are marshaling a mass of statistics and
making a strong case, offering to pro
duce their books if necessary.
BOSTOX TO GAIVESTOX
SHIP SERVICE PLAXXED
Boston, Ztfass., June 24. Announce
ment was made by the local chamber
of commerce this morning that the or
ganization favors the plans proposed
for Inaugurating a new steamship line
to ply bet-ween Boston and Galveston,
Tex. The Intention is to purchase boats
to be placed In commission early this
fall. Later larger steamers may be
built. The chamber of commerce has
taken steps looking to cooperation with
Texas interest, and is now in communi
cation with Texas organizations desir
ing to further the -move.
yesterday Charlton had signed the fol
"My wife and I lived happily togeth
er. She was the best "woman in, the
world to me, but she had an ungovern
able temper. So had L "We frequent
ly quarreled over the most trivial mat
ters and her language was frequently
so foul that I knew she did not know
the meaning of it-
"The night I struck her she had been
quarreling with me. She was in the
worst temper I had ever seen pher. 1
told her if she did not 1 cease I would
leave her and put a stop to it. She
stopped for a little while and started
T took a mallet which I had used
to -do household repairs and struck
her three times. I thought she was
dead. I put the body n a -unk in
which I also threw the mallet.
"About 12 that night I mo-. d the
trunk from mj- house and dragged It
down to a small pier and threw It
"overboard. I remained at Malpraiso
the next day and left the following
night and -went to Como! and from
there to Genoa, where I took the
(Continued on Page Eight.)
Democrats Around San An
tonio Do Not Wish to Be
Pledged to Submission.
ARE ALSO AFRAID
JOHNSON WILL WIN
San Antonio, Texas, June 24. "Stay
out of the primaries,' Is the slogan in
Bexar countv and all over southwest
Texas and it is giving 'considerable
worry to Colquit leaders, as it prom
ises to very materially re.duce hitf ma
jority in the section of the srate where
it Is conceded that he is-the strongest.
The argument being'used is that sub
mission Is sure to carry and "that the
special session of the legislature will
make it obligatory for the candidate to
pledge support to he platform in, order
to be eligible to accept the nomination.
I Such a result would mean that those
entering the primary would be pledged
to support a candidate who favored sub
mission, which is opposed by a majority
of the citizens of this section. Another
argument being used with effect is that
there is every chance of Cone Johnson
being nominated and that those going
into the primaries will as a result have
to support a prohibitionist for gover
nor. Another factor which is also keeping
out a good many is the fact that south
west Texas Is really Republican. The
state executive committee has said very
positivelj' that these Repupblicans wcrb
not wanted and many who have usually
affiliated with the Democrats in state
and county elections bukwho votd the
Republican national ticket will not go
In and even take the pledge "I am a
A victory was gained by the Colquitt
men in Bexar county when the commit
tee controitng tne county jjemocrauu j
party reiusea to require tne oain oi
I challenged voter.t bjk this advantage is
Republican county .executive committee
and the Citizens' League are urging
everyone to stay out.
It now looks as if the combined in
fluences to keep citizens out of the pri
maries would cut Colquitt's vote from
5000 to 7000 in southwest Texas, enough
under ordinary circumstances to insure
his nomination, especially in a race
which promises to be as closely con
tested as the present one.
OGDEX 31 AY BE XA3IED
TO SUCCEED JUDGE DIcCORMICK
San Antonio, Texas, June 24. Judge
Charles TV- Ogdjenllrici, discjusg the
report that Ve "is "being "urged for ap
pointment - as United States circuit
judge. His friends here, however, say
that action has been taken lboklng to
that end and ,he may be named.
Judge Ogden was offered the federal
judgeship of the eastern district, now
occupied by Gordon Russell, but refused
it, not desiring to leave this district
He has generally been considered as
the most probable successor to judge
A. P. McCormick of Dallas when that
During president Taffs visit here
judge Ogden made a great impression
on the president and since that time
they have been the vers best of friends.
TEXAS REPUBLICAXS WIIL
RETURX TO ROOSEVELT
San Antonio, Texas, June 24. Therb
Is every reason to believe that the Re
publicans at the state convention in
August will start a boom for Theodore
Roosevelt for president to succeed Taft.
There is no question but what tthere
is widespread dissatisfaction among the
ranks of the Republicans in this state
over many of Taft's acts and the plan
is to replace him with Roosevelt. "While
there are but few Republican votes in
Texas, yet the vote cast by the state in
the national convention is large.
The Gordon Russell appointment to
the district judgeship of the eastern
district proved a sore disappointment
to the Republican lawyers over the
state and a sad blow to the leaders.
It is now practically certain that a
resolution will be introduced An the
state convention providing for the en
dorsement of Roosevelt and it will be
practically Impossible for the leaders to
prevent favorable action by the conven
tion, even if they desired to prevent It.
The only reason why such a reso
lution will not pas -jwill be because
Roosevelt will have made it very plain I
that he will under no circumstances Us
I ten to such a call.
CONCERT BY THE
BAND OF BOYS
The concert by the boys' band under
the direction of Reyo B. Reyes, post
poned frbm last Friday, will be given
this evening in Cleveland square. The
concert Is under the auspices of The
Herald. It is the first time the lads
have appeared in public. They range in
ages from 8 to 14 years and are said to
be excellent little musicians. The pro
Summertime, medley march
Harry Von Tilzer
Ternaurra, waltzes T. Frias
Serenade, "Cupid's Charms" Miller
L.a Pulga ..Paso Doble
Una, Grand Concert Polka; Cornet Solo
by Armando Re5es.
America, "Overture on National Airs"
T Theo. r Moses
A Southern Dream, waltzes '.
X Harry J. Lincoln
The Gay Life, waltz two-step
W. J. Marlen
The Snirti of C4, march
La Golondrino, Mexican Intermezzo.
DIES IN I.OS ANGELES.
Los Augeles, Cal., June 24.
Although judpre Morris Johpson
Cochran, United States com-
missioner at the new town of -'
Parker, Ariz., a jurist widely
known throughout the mining -v
regions of the west and Alas- $
ka, was found dead in his -O-
room in a local hotel Tuesday? $
the fact did not gain publicity
until yesterday. Death was due -?
to heart trouble. Judge Coch- &
ran was 5G years old and had "
held many important positions
GSNEEAIv LOUXS SOTxia.4fjE?IKS,r PRIME -MlSEISftTK OE SOOT- AEKICA!-
House and Senate Also Tied
Up Over Pension Bill.
Taft and Unions.
Washington, D. C, June 24". In an
effort to adjust the differences between
the Republican conferees of the house
and senate on the bill appropriating
?20,000,000 for reclamation work in the
west, president Taft invited all of them
to luncheon today. The differences
are to the extent to which the recom
mendations of army engineers shall
govern the decision to carry on various
projects undertaken or projected. Lodge
reported to the senate today that the
conferees are still in disagreement on
this point and a further conference was
The president is said to favor, the
senate provision, which is not quite so
binding as the house clause and leaves
a little more latitude to the executive.
Another measure, still in dispute is
the pension appropriation bill, the con
troversy being over a proposition of
the house to abolish IS pension agencies
throughout the country and establish
one agency In Washington. The senate
conferees expect the house to yield and
leave the laws as they now exist.
The conferees on the general defi
ciency bill agreed today and it is ex
pected that the sundry civil bill will be
completed in conference before night.
The conference report on the public
buildings bill was adopted this morn
ing and the bill now goes to president
Taft. The Texas items with Increases
adopted after being urged by senator
Bailey, remain in the measure, includ
ing El Paso's appropriation for a fed
eral building site.
To Benefit Confederates.
A joint resolution adopted by the
senate today extends for two years the
time during which exConfederates may
file claims for losses of personal
property after surrendering. The reso
lution was introduced by senator Brad
ley, and covers the same ground as the
amendment to the general deficiency
bill, which was struck out a few days
since on motion of senator Brlatow.
The house conferees today receded
from their disagreement to the senate
amendment to the campaign publicity
till and the act will provide for the
publication of contributions after elec-
tions. Senator Burrows made the re
port to the senate today and it was
Burleson's Cotton Futures Bill.
Representative Albert S. Burleson, of
the 10th Texas district, this morning
said he felt certain t"hat the measure
known as The anti-cotton futures gam
bling bill will pass the house today.
The house began considering the meas
ure again this morning and the debate
was in progress at 10 oclock. Under the
rule the vote on the passage of the bill
was takenthls afternoon.
Representative Burleson and repre
sentative Jack Beall, from the fifth
Texas district, both spoke favoring the
passage of the anti-cotton futures gamV
bling bill. They denounced the prac
tces, .of cotton exchanges which permit
the use- of markets by gamblers to rob
planters. The measure, they declared,
would not Interfere with legitimate con
tracts but would 'stop gambling.
The anti-option bill passed the house
today, 160 to 41. The bill Is not ex
pected to pass the senate.
To Parole Prisoners.
The house this morning adopted the
conference report on the bill to parole
federal prisoners - who obey
tht rule I
of prisons after they serve a third of
the terms for -which thejwre sentenced.
The measure as adoptedls morning
him sues tw praiueac j.ai.1, viiu pruu-
amy win at uace uiiix ins ajgnnxuic j
enacting a law,
Friar Lands Sales.,
Investigation into the sale '6f Friar
lands in the Philippines was' recom
mended to the house today by the com
mittee on insular affairs, which tookJ
favorable action on the house resolu
tion of representative Martin, oT Col6
rada, providing for such an investiga
tion by this committee.
Taft Fights Measure.
President Taft bent every energy to
ard the defeat of the house amend
ment. He threw his whole influence !
into the fight, sendinor for
T"-iTrfJit-t'4'J-o ff tA7 - i-n-l uro-lfif- ViA.rtt 4-y Tv I
feat the provision. Mr. Taft said If- It j
cost him the support of every laboring j
man in the country, he would not ap
prove such class legislation. The labor
ing man, he believed, asked only equal
ity before the lav, and was entitled to
Colorado River Breaks.
A. joint resolution placing $2,000,000
at the disposal of president Tafi to
check the ravages of the Colorado river
in the Imperial valley In southern Cali
fornia, was prepared last night by sen
ator Flint and representative Smith, of
California, and will be presented to the
senate and house committees today.
Telegrams from Yuma to both senator
Flint and congressman Smith conveyed
the Information that the river had
broken out of its, banks in Mexico,
across the line, and that unless checked
great damage would result. The tele
grams asked that congress take imme
diate action to save the section.
The river Is said to be cutting a new
channel through miles of country and
endangering not only Irrigation sys
tems of the Imperial valley and the
farming Investments there, but also the f
government irrigation projects at La- j
The $2,000,000 appropriation was sug
gested bj- director Nowell. of the re-
clamation service. Isegotiations may be
undertaken -with the government of
Mexico looking toward a joint interna
tional control of the lower waters of
the Colorado river.
Unions Not Exempt.
Labor organizations have lost thelt
fight to gain exemption from prosecu-
tibn under the anti-trust and interstate
commerce laws. Following a lively de-
President Hits Unions a -Jolt
With His New Anti
bate and by a vote of 138 to 130 the
house agreed to the senate action strik
ing but a provision In the sundry civil
bill that would have effected this im-munity-
"When the sundry civil bill was before
tVlA hflHCA fiint- 1--jt q n?r -rri o T
amendment by Mr. Hughes (X. J.), a
Democrat. nrnvfrHne- tVipt "nn nnr nf
the appropriation for the enforcement
of the antI.trust laTVSj shall be spent
!n the, prosecution of any organization
or individual for entering into any com
bination or agreement having in view
the Increasing of wages, shortening of
hours or bettering the condition of la
bor, or for any act done In furtherance
thereof not in itself unlawful."
The senate strucK out this. The
house instructed Its conferees to stand
by that provisipn, and the senate"con
ferees. resenting such an Ironclad di
rection, refused, to consider the item.
Thursday Mr. Tawney. of Minnesota,
one of the hou conferees, moved that
the -house recede from its position and
concur with the senate's action. The
. i motion stirred tin hnrtiAt' noc huf
Tomorrow being the last Saturday of
the month. The Herald carriers will pie
sent bills for the month of June. Sub
scribers will kindly note the abov- iad
be ready for the boys.
MADRIZ SENDS ARMS,
OUT OF NEW ORLEANS
Washington, D. C.f June 14. It Is
carrying ammunitions of war for the
from New Orleans yesterday and that
appealed to the United States to send
Deadwood, S. D., June 25. Crop re
ports today are much more favorable.
Since yesterday afternoon, coaslflernble
rala has fallen. Practlcnlly every sec
tion of .northwestern and western South
Dakota, and parts of Wyoming and
Montana have got a soaking. More ralu
Is predicted for today.
"-art s ta
Train Coupling Said to Havs
Broken; 27 Meet Death
While Others Are Hurt.
IN THE REGION
Troops Were Being Sent to
Scene of Political Trouble
Down Near Manzanillo.
Mexico City, Jnae 24. Twenty-sevea
federal soldier are reported to have
"been killed and niany more lajared
Thursday when fonr cars of n trala ia
which the troops were bela; transport
ed on the MftBx&nille lino of the National
railroad, in the "state of Collraa, brake
loose from the locomotive and dashed
down s. stcei grade.
Oa a carve, at a terrific speed, the
cars left the track: aad vrcee dashed to
pieces. The cars formed the rear por
tion of a troop trala of 13 cars vrhich
was proceedlag: toward Plataaar. The
number of men they coRtaiaed wa not
known but officials here estimate they
were not les than 15.
3Iany are said to have jaraped front
the cars whea they started dowa the
grade aad thus to have saved their
The accident was dae to the hreakin?:
of a conpllapr aad failure of the brakes
There are serlOHs political disturb
ances, near MaaEillo, c"ccrdlHjc to
reports, and the troops were belajc sent
to raell them.
A Ispateh from Nobles two flays
a&3 reported that there was a dis
turbance at rtianxanlllo and that .troops
had beea ordered dispatched. The re
port of the wreck coaflrras the fact of
CANANEA fears 3-
; NO iMore; RIOTS
Bery Precaution Has Been
tlDaken; Officers Gonfi
dent of Peace.
Caannen, Sonora, Mexico, June 24.
Cananea coatlaues to be very qaiet and
pescefnl, with the exception that there
Is still some talk nmoag the aervous
ones. There have beea several, leaders
In the anti-Diaz parry here, who have
made a hast deparrare for the other
side of the iateraatieaal boundary Hac
during the past few days, which Is
taken ns a slrra that they have cHvea ap
' tltelr olarvi of " trowe here aa
Of coarse the agitators here deat
Ilk the Idea of the troops heiasr here,
bat this fact seems to have the de
rlred effect of qajetlas; them aad arlv-"
lag a feeliag of secarlty to the timid
Chief of police Rafael IiOpez resumed
his dales immediately upon, arrivla-r la
tows yesterday soon aad has beea hasy
every ml ante siace
A stranger la Caaanea caa so about
the streets at the preseat tlaae aad
wouldn't know that th-re wa ; aaythia;
the matter here 'at all. The scare Is
over so- far as Caaanea Is coBceraed,
aad there Is bo trouble expected. As
aa instance, the police have made bar
four arrests dariajc the last 24 hears,
aad these were for drnakeaaess.
OPERA BOTTFFET "WAR"
SEEMS TO BE AT
Arizona Officers Only Foaad Tea "Bark-
lasr Dogs Kosterlltzky Likes to
Read El Paso Herald.
Naco. Ariz., June 24. Things art
Officers Denny Twomey, "Will White.
Frank Bauer and others, who when the
Mexican consul at Xaco got hold of the
information regarding the threatened
invasion from "Tin Town," Arizona are
congratulating themselves that it was
no worse. '
On their return to Bisbee from Naco,
Denny Twomey said: "Some one scared
the cat." "Will TVhite said at least 10
dogs barked at them as they were en
All looked as though they had been
(Continued on Page SIx.)
reported today that a large araied vessel
Madrlx government la Xlcarasraa sailed
Estrada insurgent representatives have
a warship after her.
Tulsa, Okla., June 24. The hot wave
which has beea prevalent over north
eastedn Oklahoma for several days past
and vthich hns beea causins great fear
of a total fallnre of crops In this sectloa
-was broken today whea good reins fell
here and over the territory affected. In
the opinion of ninny today's -rala la
worth a million dollars.