Newspaper Page Text
EL PASO, TEXAS,
December 2, 1912 12 Pages
ir tonight and Tuesday:
United States Supreme Court
May Name a Receiver to
Sell Out the Stock.
LAST BIG- ACTION
U ashington. D. C, Dec. 2. The su-
l reme court today in an opinion an-
i -'unced by justice Day held that the
moii Pacific Railroad comoany by
-. hf acquisition of stock iti the South-
m Pacific had effected a combina
'ion in violation of the Sherman antl
i ust law.
ustice Da. reading the opinion, in
..ated that the court would enter a
' '- to dissolve the combination and
Nc an injunction to prevent the
Union Pacific from voting Southern
ii'ic stock. jt
)i announcing the opinion, justice
1 115 court reaches the decision that
r. 1'nion Pacific and Southern Paci
s stems, prior to the stock pur
uteg, vreTr- competitors engaged in
tdte comment, acting mdepend-
ny for a Luge amount of such carrj
- .lade, -mi that through the ac
. "'tion of tlie Ftock in question, the
m mnatingr power of the Union Pac:
I is suppressed competition be-
n the systems and has effected a
lbination in restraint of intc
1 'f commerce within the prohibition
d th- act.
Forbids Such Acts In Future.
m order to enforce the statue, the
i lit is" required to forbid the doing
t i. future of acts like those which
arc found to have been done in viola-
i theteof and to enter a decree
"in' h will effectively dissolve the
iibination found to exist in violation
if the statutes
The decree should provide an in-
. i,CL.on against the right to vote this
u while in the ownership or con-
i --(.l of the Union Pacific company or
n corporation owned by it, or while
rid b any corporation or person for
ie Union Pacific company, and for-
. t transft r or disposition there-
such use as to continue its
control, and should provide an injunc-
n ..gainst the payment of dividends
n such stocks while thus held, except
a receiver to be appointed by the
"jit which shall collect and hold
tjch diMdends undisposed of by the de
Cie of the court.
I nlavrfnl Combination.
s the court Delow dismissed the
F emment's bill, it was necessarj to
'Side- the disposition of the shares
' stock acquired by the Union Pa
f.t which acquisition, we hold, con
st tuted an unlawful combination in
loiat.on of h antitrust act. To. ef-J
f or-tually concludSTBoopewHng- TOrceT
' the combination, such disposition
si fu.d be made subject to the ap-
--al and decree of the court, and
sn plan for the disposition of this
ok must be such as to effectually
ssoli e the unlawful combination
bus created. This court shall pro-
i Fc-a upon me prewuwuuu i "J ,
,. .:. I
to near the government and de-
fcrid,Tit and may bring in any addi
nji p rties whose presence may be
cofssary to a final division of the
sto.t in onformm to the views here
to the suggestion made at the
orU argument by the attorney gen-
t I as to the nature of the decree
1 r t one must be entered -which, while
rstroymg the. unlawful combination,
"far as the' Union Pacific secured
.itrol of the competing line of road
x ending from New Orleans and Gal-
tnr, to San Francisco and Port-
nd. would permit the Union Pacific
1n retain the Central connection from
'gdeit to San Francisco and thereby
. crntrol that lino to the coast, thus
effecting such a continuity of the
mon Pacific and Central from the
Missouri rivtr to San Francisco as
"as contemplated by the acts of con-ic-
under which they were con--.,
ted it should be said that noth-
cr herein shall b- considered as pre-
. nting the government or any party
interest, if so desiring, from pre-
ntmg to the court a plan for ac-
-nplishing this result or preventing
tre court from adopting and giving
. f tct of any such plan so presented
May arae Receiver.
n plan or plans shall be pre-
Continued on next page).
WANT NEARLY A BILLION
THE ESTIMATES INCREASE $72,074,248
TO RUN GOVERNMENT
Washington. D. C. Dec 2. It will
,vt $823,415,455 14 to conduct the af
fair? of the goernment for the fiscal
M.jr ending June 30, 1914, according
io the estimates of the various depart-
nt heads submitted today to the
speaker of the house by the secretary
of the treasurj. This amount, which
ior! not include any provision for the
jiosta.1 service, which is expected to
1 self-supporting, is an increase of
": 074 248 over the appropriations
i ade for the present year by the last
1ant Three Battleships.
Of ti is increase, $28,312,220 appears
In the estimates of the secretary of the
nav and J20,59T,273 represents the in-r-ease
asked b the navy department
,n the appropriations for building and
- iuipping new vessels. The estimates
w ould provide for three new battle
ships to be laid down during the year.
I his would make up for the lapse of
,.ne ship from the two battleships a
ear program caused by the action of
ihe Democratic house in providing for
njt a single ship at the last session
Another $20,000,000 or more of the
total increase is shown in the estl
nates for the payment of pensions.
Tie amount asked for is $185,220,000.
LfiEt rear but $165,146,470 was expend
ed for pensions An increase of about
thr same amount appears in the es
umates for public works for the year.
Th construction of public buildings
planned for the year shows an ln
. rease of $1,012,530 over the appro
priations for the present year, $8,722.
j.'0 being asked fcr that purpose.
Fortifications to Cost $6,7BJU2.
Th work to be done during the
,,dr on the Panama canal will cost
$10 174,432, which is $1,130,567 less
:ran the appropriation for the current
r ai .
Of this sun $6 76 322 is asked for
th purpose "f building fortifications
mil military barracks in the canal
-one This year but $2,325,000 was ap-
nr-.nrii).id - '""-t' Orations at Pana
Train With Heavy G-un
Comes Up on One- Road,
Goes Back on Another.
TRYING TO KEEP
THE ROADS OPEN
A revolving cannon, borrowed from
a Mexican gunboat, is being used to
protect a troop train which left Juarez
Sunday morning to patrol the railways
between the state capital and the bor
der. The turret, mounted on a flat car.
land the gunners scanning the horizon
uenina tne long oarrei, which tosses
huge explosive shells, the train' carry
ing 50 'infantrymen, steamed sway
down the Mexico North "Western rail
way shortly after arrival over the Mex
ican Central line from, the city of Chi
"huahua. It is planned to continue making this
loop of railways between Chihuahua
city and Juarez, to keep the two roads
Some of the troops are expected to
disentrain somewhere in the Casas
Grandes district and proceed overland
with two motars. also carried on the
2 train, to the assistance of federals un
der Gen. Jose de la Luz Blanco, be
seiged at Ascencion by Salazar's rebels.
The moving "gunboat" "and accom
panying soldiers, which arrived Satur
day afternoon over the Central, has
been working slowly north from the
city of Chihuahua behind the work
trains which just have completed re
construction of the government owned
"El Nino," as the big gun is termed
affectionately by the artillerymen, is
a nautical niece such as used on coast
gunboats. It is of the Canet type and
throws a SO milimeter tuned shell.
Aside from this piece, two mountain
cannon, or small mortars, with accom
panying artillery corps, arrived on the
train. The troops composed the 23d
battalion, under- Col. Francisco Castro.
Gen. Trucy Aubert says that this train
will continue covering the circle of
railway formed by the North Western
and the Central, until conditions quiet
in the state.
How the rebels are to be prevented
from cutting the many miles of railway
before or after the passage of the war
train, is - 'ration unsolved.
A revi- . ... tue 15th battalion, now
stationed in Juarez, was held Monday
morning near the old federal barracks.
The ISth is composed of nearly 600 men
and recently lias been filled by bring
ing in small detachments stationed be
low the border.
The troop train which left Juarez
Sunday morning remained for the night
at Guzman. A strict censorship does
not permit news or any imana move
meat reaching Juarez, but it is be
Jtewi tfcsfrm-tefiMenifteBt has uWJirW)hr;
to the relief of Ascencion.
MANY REBELS NEAR
Mormon colonists coming from Mex-
IVU U1I LUC Li ASU i3aj .. Ci ; J buillk ?
. , v: .. , ma.i., ihi- !
?. hnt f h, w... Mminir , '
time. but as they were coming alon
there was evidence of the battle that
Rebels were in that vicinity and the
federals are sending forces there to
meet them and an encounter is ex
pected near Guzman in the very near
The federals are in possession in and
around Casas Grandes. but it Is impos
sible to go very many miles away
from Casas Grandes in any direction
without meeting rebels, not only in
bands, but one or two riding together.
Mr. Llllywhite and Mr. Huber. of Co
lonia Morelos, are expected in from
Douglas to accompany a party of in
vestigators to the Pecos country, -with
a view to buying land and permanent
ly locating there.
Mr. and Mrs. Stout, formerly Miss
Rebecca Mortenson. expect to leave
for their homes in Utah Wednesday.
DRIXGS CIVILIAN PRISONER.
When the North Western train
came in Sunday evening the detach
ment of the sixth regiment which ac
companied the train brought in a
civilian prisoner. He carried a rifle
and a nosebag filled with cartridges,
and was locked up at the barracks in
Juarez pending an examination as to
his reason for having the rifle in his
(Additional Mexican News on Page 3.)
The estimates forecast another bil
lion dollar session of congress, for in
addition to the $823,415,455, which is
the total estimated for, the postmaster
general estimates that $281,791,608 will
be necessary to conduct his depart
ment for the year. This amount will
be supplied out of the postal revenues.
and will bring the total estimated ap
propriations for the year up to $1,
105,206,963. Just how these estimates will fare
at the hands of the Democratic ma
jority in the house is the subject of
considerable conjecture. Some diffi
culty in passing appropriation bills
may follow disagreements between
the house and senate. But the supply
measures to be passed on the basis
of the estimates submitted today, will
go into effect after the Democrats
have taken control of the government
and it is expected that the attitude
of the house majority on the questions
involved in the estimates will forecast
the attitude of the coming adminis
tration. May Oppose Commission)!.
Among the estimates, which will de
velop debate in congress, is a demand
for $250,000, for tli economy and ef
ficiency commission, appointed by
It was with difficulty $75,000 was
secured for the expenses of the com
mission this yeai, and the house Dem
ocrats look with little favor on the
Another troublesome item will be an
estimate of $54,500 for the commeice
court The house Democrats endeav
ored in vain to write into the execu
tive, legislative and judicial appropri
ation bill in the closing days of the
last session, legislation abolishing
that court. After the bill had been
twice vetoed by the president, funds
were provided to keep the court in op
eration until March 4, 1913. If the
provision in the estimates is -written
into the appropriation bill this year
it will be necessary to secure a defic
iency appropriation to run the court
from March 4, until the end of the
Lawmakers of Taft Admin
istration Terminate Short
Session on March 4.
SENATE ADJOURNS IN
MEMORY OF SHERMAN
" v -- V
THIS DAY IX CONGRESS.
The senate: Convened at
nnon, senator Bacon, president
pro tempore, presiding.
Chairman Clapp, of fhe inter
state commerce committee, an
nounced an effort would be
made to reach an agreement on
a report recommending amend
ments to the anti-trust law.
Campaign expenditures in
vestigating committee will re
sume hearing Dec. 10..
Adjourned at 12:22 p. m. un
til 11 a. m. Tuesday, out of re
spect for the memory of vice
president Sherman and senators
Heyburn and Rayner.
Convened at noon, speaker
Estimates for- running gov
ernment during the fiscal year
of 1914 submitted by secretary
of the treasury. They -aggregate
$523,415,455, an increase of
S73.078.24S over 1913 and in
clude 55S.7CC.992 for river and
First bill introduced was' one
by representative Deforest, of
New York, to pension former
presidents and widows of for
Adjourned at 1:16 p. jn. until
! ! ! ! ! ; ;
Washington, D. C. Dec 2. Congress
met promptly today at noon for the
short session that will terminate with
the incoming of the Democratic admin
istration on March 4. Crowded galleries
looked down on fhe animated scenes on
the floor as speaker Clark in the house
and senator Bacon, president pro tern
of the senate, rapped the respective
bodies to order at the stroke of 12.
The Senate Convenes.
It .was not ouite 12 when senator Ba
con, president pro tern, took the chair I
at the desk of the late vice president
Sherman, and rapped for order in the
senate. Senators surged through the
doors at the last moment, and it took
some time to secure order for the nray-
ier by the hMrt?!"i tlM Jtev-JJ- ft fc
failure of members of the house to
reach the floor delayed the openthg of
the session in the house about a min
ute after the hour of noon. when
speaker Clark climbed the stairs to
the rostrum, be was greeted by ap
plause and cheers from the floor and I
When the prayer was concluded, a
burst of applause greeted renresenta'
tive William Sulser, governor-elect of
New York, as he took his seat.
The roll call by states followed. When
the name of former speaker Cannon
was called, the members rose and ap
plauded and cheered the veteran leg
islator, whose services at this session
will conclude 40 years in the halls of
congress. "Uncle Joe" rose in h's place
and bowed his acknowledgement of the
Senate to Meet Enrly.
After the adoption of the customary
resolution to appoint members of a
joint committee to notify the president
that congress had assembled, senator
Lodge moved that the senate meet to
morrow at 11 o clock. It was adopted
without debate, the purpose being to
give time for the reading of the presi
dent's message before the convening
of the Archbald impeachment case.
Resolutions were adopted cpvering
the senate's sympathy for the family
of the late vice president.
Senator Borah presented the notifi-
ficafion of the death of his colleague,
senator Heyburn, and senator Smith,
of Maryland, that of senator Rayner.
Again resolutions of sorrow were
adopted and, after a session of 22 min
utes, the senate adjourned out of re
spect to the memory of vice president
Sherman and senators Heyburn and
Four New Members.
Four new members were sworn in in
the house. They were Lewis L. Mor
gan, of Louisiana, who succeeds the
late representative Wycllffe; Archibald
C. Hart, who succeeds representative
Hughes, of New Jersey, elected to the
senate; Geo. C Scott, who succeeds the
late representative Hubbard, of Iowa,
and Edward A. Merritt, who succeeds
the late representative George Maltby,
of New York.
The house, after a session of an hour
and 10 minutes, adjourned until noon
tomorrow, on motion of representative
Cannon, out of respect to the members
who had died since the last adjourn
ment. To Pension ExpTealdcntn,
The first public bill introduced In
the house today was to pension for- .
mer presidents of the United States
and their widows. It was by repre
sentative Deforest, of New York, and
would provide for a former president
$2000 a month. A widow of a former
president would receive $1000 during
her widowhood. A minor child or
children of a former president under
21 years of age, with parents both
dead, would get $200 a month.
Representative Deforest also intro
duced a resolution for a constitutional
amendment to limit the tenure of the
presidential office to one term of six
years and another repealing the news
paper publicity section of the last
postoffice appropriation bill.
Texan After ChalrmauHhlps.
Texas congressmen intend to see that
the Lone Star state gets Its share of
the house chairmanships in the 63d
congress. They are figuring how they
can do this. They point out that the
state has no first class chairmanship.
Mr. Henry is head of rules, but it is
no longer regarded as of the first
magnitude. Mr. Stephens is head of
Indian affairs, which is a vanishing
ratner tnan a growing committee Mr.
Smith is head of irrigation, but Texas,
aside from EI Paso, has no interest in
national irrigation, because it has no
government public lands. Tl'e Texans
think they ought to have at least four
first class chairmanships.
firing Political Foes Together.
While the present session is meiel
the expiring stage of a congress soon
to go out of existence and to be super
ceded in polftical control and policy
after March 4. yet today's sessions in
the senate and house brought together
for the first time since tne recent over- j
turning those leaders and elements of
the various parties who have been
most prominent in public affairs. The
old faces and figure are again in evi
dence today, although some of them.
like ex-speaker Cannon, will soon pass i
off the congressional htage while others j
iike sDt-aker Clark and chairman Un-
KILLS WOMAN; THEN
ENDS HIS OWN LIFE
Dance Hnll Beauty and a Mexican Army
Lieutenant Victim of Double
Tragedy Over the River.
"Yet each man kills the thing he loves;
Byi each let this be heard.
Some kill it with a bitter look;
Some with a flattering word.
The coward kills it with a kiss;
The brave man with the sword."
' Murder and suicide, ending the
strange career of the reputedly most
oeauutui woman in Juarez, is the epi
tome of a tragedy enacted early Sunday
mornlng in Cindad Juarez. Police found
the bodies of Bernice Moffatt. a dance
hall frequenter, and that of Francisco
Teran Viveros. a sub-lieutenant of the
15th battalion, in the woman's room
near the dance hall, where the two had
waltzed a few hours before. A bullet
hole was in the head of each, and from
the appearances, the army officer had
shot the woman and then turned hl
automatic pistol on himself.
Some years ago a young musician in
the dance hall was in love with Bernice
Moffatt. One night he cAne to her
room and fired a shot at Uie woman.
She fell in a faint. Thinking her dead,
the musician shot and killed himself.
The woman was unharmed. This same
thing occurred Sunday morning, to all
appearances, but this time Bernice Mof
fatt was killed. The two bodies were
buried Sunday afternoon without j
church services in the Juarez cemetery
Bernice Moffatt was a woman of
about 25 years. She was rated as the
most beautiful woman in the Mexican
town. She spoke Spanish and English
as a native, but was of Creole blood.
! and originally came from Louisiana.
1 Chtf, ,- .f All.,. AnmnlA-vl... toll ...,! ..
MAtalil.r trwin,,! ,!(,,..&. SiAr twnm I
.ivtoi.jj' fi.cu. uc&dik. 4iiiut; x. fill
ctsr. - 4siuc irom
her height, she was said to resemble
greatly Nazimova, the Russian actress,
declared the most beautiful woman
in the world." Bernice Moftitt had
been known in Juarez for more than
five years. She is said to have a moth
er living in New Mexico.
Lieut. Viveros was not yet 20 years
of age. and a graduate of the National
Military academy. He came to Juarez
only a few days ago with a detachment
of the lath battalion, and fellow offi
cers as yet have been unable to locate
his relatives in Mexico.
derwood. have had their tenures- re
newed and strengthened.
Sherman Is Missed.
In the senate, vice president Slier
man has been removed by death from
the presiding officer's chair, which will
be filled temporarily by senators Bacon
of Georgia, and Galllnger of New
Hampshire, alternating. The Repub
lican control of the senate, with about
50 votes as against the present Demo
cratic strength of about 42, will con
tinue until March 4, although this
control is conditioned largely -by the
presence of two elements, regular and
progressive, !n the Republican -iotal of
50. Senato-s Hevburn. of Idaho, and
Rayner, of Maryland, have died since
tne last session cioseu. out in otner as-
pects the personnel continues un
changed until March 4.
In the house speaker Clark and the
various chairmen of the two preceding
sessions, continue to direct affairs, with
a total Democratic vote of 230, giving
a Democratic majority of about S3.
Personal Aspect Pronounced.
The nersonal asnect was very nro-
nounced as the session bean 'today," the.
air or uemocratit victory pervadtqg
the capitol from end to end. Scores p
men whose nam have bean-jBiimlnant-
politics and WglsWtMMi, faced their last
three months of service as the session
In this notable company were the
deans of house and senate: "Unele Joe"
Cannon, former speaker, and the center
of many turbulent sessions of the
house; and senator Shelby M. Cullom.
for 30 years a senator from Illinois, a
personal friend and contemporary of
Lincoln, and who was elected to his
first term in the national house of rep
resentatives In 1S65.
HaileyVi Final Appearance.
Both Cannon and Culiom came back
for the winter's- work the victims of po
litical defeat. Senator .Joseph W.
Bailey, of Texas, long a Democratic
leader In debate, came with the volun
tary announcement of his retirement;
representatives Cox. of Ohio and Sul
zer of New York brought into the leg
islative halls the titles of governor
elect, respectively of Ohio and New
Senator Crane of Massachusetts, long
regarded as the Republican "whip" of
the senate, who also retired volun
tarily: senators Bourne of Oregon, Gug
genheim of Colorado; Wetmore of
Rhode Island; Curtis of Kansas; Payn
ter of Kentucky; Gamble of South Da
kota; Brown of Nebraska, and many
others. Democrats and Republicans
alike began today their last three
months of service, -oeiore retirement
to private life.
Senate Adjourns Immediately.
Sorrow for the late vice president
Sherman overshadowed the spirit of
Democratic triumph in the senate, and
tempered the spirit of greetings among
returning members. Custom decreed
that the upper house should adjourn
immediately after meeting today, out
of respect for the memory of the vice
president; and in contemplation of this,
senators were early in their seats.
Reassembling of the ITouse.
The reassembling of the house drew
together a host of men. long promi
nently identified with Republican af
fairs in that body to whom the elec
tion had brought political disaster.
Among them were Nicholas Longworth
of Ohio, John Dalzell of Pennsylvania,
Ebenezer J. Hill of Connecticut and
John A. Needham of California, all
members of the powerful ways and
means committee, and leaders in advo
cation and defence of Republican
Of the socalled "Old Republican
Guard." the force that supported and
framed the Payne-Aldrlch tariff law
in the opening of president Taft's ad
ministration, but two members tvill re
main on the ways and means commit
tee after March 4, representative
Payne of New York and representative
Fordney of Michigan.
The Last Termers.
In the ranks of the "last termers"
were representatives McKinley, Wil
son, Foss and Prince of Illinois; rep
resentative Norris of Nebraska, who
is soon to step into the senate; repre
sentative Olmsted of Pennsylvania and
McCall of Massachusetts, Republicans
who were not candidates for re-election:
and representative Crumpacker
whose defeat In Indiana gave the Dem
ocrats a solid delegation from that
state for the next session of congress.
The extent of Progressive influence
in the winter session is the subject of
general gossip at both ends of the capi
tol. Of the strong insurgent Repub
lican element in the house, which has
oted vi ith the Democrats upon tariff i
measures during the last two years,
many will wind up their service -with
this bes-ion. In the Kansas delegation
Victor Murdock was the only socalled
insurgent to return to his seat today
with a title for two more years. Rep
resentatives Roose. Young and Jack
son, all comparatively new members,
weni do- n before lY'V a : oppo
nents Senate Has No Chairman.
At the outset the senate faces the
election of a presiding officer, made j
necessary by the death of vice presi- i
dent Sherman. For months before Mr. t
Sherman's death the upper chamber
was unable to elect a president pro
tempoie, and conditions are but little
The senate roll call todav showed
the absence of two other members who
have been called by death du-lng the
recess They are senator Hevburn, of
tContinued on page 3.)
Cold Winter Helps Turkey
in Securing Good Terms in
SERVIA TRODS ON
TOES OF ITALY
El I.C. YRIANS LOSE 10,000
KILLED; 00,000 WOUNDED
Berlin. Germany. Dec. 2.
The Bulgarians alone have lost
10.000 killed and 60.000 wound
ed since the beginning of the
war. according to a dispatch
from Buda Pest to the Tage-
! JL Mott
London, Eng Dec 3. The work, of
charting a new map of what hitherto
has been European Turkey will begin
immediately after the signatures of the
armistice by the plenipotentiaries of
Turkey and the Balkan allies at the
village of Baghtche tomorrow. If the
allies are able to agree among' them
selves as to the portions of the spoils
they are to receive, there seems no
probability of a resumption of hostili
ties. Cold Weather Ald Turkey.
The comparatively favorable terms
which, from, all accounts, have been of
fered by the allies to Turkey, are so
different from the original proposals
that they seem to suggest the idea
that the governments of the Balkan
league realize that with winter's grip
on the country. Turkey has gained an
ally which will prove more fatal to
the armies fronting Adrianople. Scutari
and Tchatalja than have the Ottoman
No adjustment of the Austro-Serviao
dispute is yet visible. Vienna continues
to show pessimism and the new papers
there maintain their threatening atti-
1 t.,A i.., ,,,! nr hi. nfioi ..,
I lations between St. Petersburg and VI-
anna seems to have become somewhat
more cordial and it is thought in diplo
matic quarters that eventually Servia
will obtain a small mercantile poft on
the Adriatic Sea connected with Servia
Serrfa Trods on Italy's Toes.
In the meantime, Servia has trod
den on the toes of Italy, by quartering a
regiment of troops -who recently occu
pied the port of Duraxzo in the Italian
school buildings there. An energetic
reoudst to have the- trotms removed has-
i DeenimMe ty tue Italian consui-.on m
n tiiiml' rti. A - ii ni TTsi
-WteVirtS repair fc &M of
peace concur m describing; the reten
tion of Adrianople by Turkey as cer
tain, if the porte agrees to raze the
forts. It is also believed that the porte
will accept the Maritza frontier as. far
and including Adrianople. and will
probably surrender Kirk-Kilisseh and
the northern part of the Istrandia district,-
which is populated by Bulgarians.
"It is further stated on good author
ity that the allies have agreed that
Greece shall have Salonikl and Bulga
Macedonia Drenched "With Blood.
A Saloniki dispatch says: "Mace
donia is being drenched with blood
as the result of atrocities committed
by Bulgarian irregulars. It is lam
entable that responsibility for so
many of these atrocities lies at the
door of a Christian race.
"Mohammedan bands are adding
their quota to the general destruction.
Whole villages have been depopulat
ed as the result of their savagery.
Turko-Albanian bands are also taking
"The Servians have a better record.
Apart from the slaughter of a num
ber of Moslems, principally by irregu
lars, at Uskup, little complaint has
been made against them.
GERMANY SENDS A
WARNING TO RUSSIA
Berlin, Germany. Dec 2. Imperial
chanceior Von Bethmann-Hollweg to
day uttered a plain warning to Russia
that in case hostilities should arise out
of the Austro-Servlan difficulty, Ger
many would draw her sword to assist
The imperial chanceior made this
declaration in the course, of a speech
in the reichstag. discussing the Balkan
situation. He said:
"When our allies, Austria-Hungary
and Italy, In maintaining their inter
ests, are attacked although it Is not
the present prospect by a third party
and thereby threatened In their exist
ence, then we, faithful to our com
pacts, will take"their part firmly and
"Then we shall fight side by side
with our allies for the maintenance of
our own position in Europe and in de
fence of the security and future of our
"I am convinced that we have the
whole nation behind us in such a pol-
Gprmanv lie wid like several of the I
.?fImJl;.V ". '.e. Stw! i
preserving Turkey as a powerful eco
nomic and political factor. He was able,
he said, to deny reports that' the great
powers or several of them were plan
ning the acquisition of Turkish terri
tory. It was assumed' the Imperial
chancellor was referring to the report
that England was about to proclaim a
formal protectorate over Egypt.
The vigorous tone adopted by the im
perial chancellor surprised the house,
which was expecting the Usual diplo
matic assurances that everything war
AV03IEX TAKE ADVANTAGE OF
WAR AND ESCAPE FROM HAREMS
Paris. France, Dec. 2. The Turkish
harems have been considerably depleted
siqce the Ottoman capital has been
threatened by Bulgarian army. Many
of the educated women belonging to
the establishments of Turkish person
ages o high rank have taken advan-
.age of the unsettled conditions in
Constantinople to escape from the
and proceed to western Eu-
SERVIA DEMKS S1IK IS
FORTIF1ING AATIO.VS CAPITAL
Belgrade, Serria. Dec. 2 An offi
cial statement denies reports that
Serbia is concentrating troops on the
northern frontier and fortifying Bel
grade and other towns. The Servians
I have occupied 'the town of Elbasan
west of Monastlr.
V. S. CRIISERS IN ASIA MINOR.
Washington. IX C Dec. 2. Ameri-
cans and American interests in the
Asia Minor coat of the Turkish em
pire, where It was feared an uprising
against Christians might develop, now
are assured of protection by American
warships The armored cruiser Ten
nessee has arrived at Smyrna and her
sister ship, the Montana, will arrive to
day at Beirut.
ORNER CONFESSED KItLIN
Sensation at Pecos, When Trial Is Reopened and Nev?
Evidence Is Introduced A Hack Driver Is Called
From El Paso to Corroborate Evidence Mrs.
Orner's Note to a Witness Causes
the Case to Be Reopened.
Tie following telegram from Robert T. Nefll, assistant district attoraey,
was received by district attorney Jos. Nealon at neon today from Pecos:
"We found a second note given to Mrs. Locile Archer. Sfae admitted that
she had received it and said she wanted to tell it ait. She took tie stand
this morning and after telling about the note, testified that on lie night of
Lillie Orner's death, the mother of the child said to her: 'I IdHed Lfllie; what
shall I do?'
"F. Vac Horn, a hack driver, who was at the Orner heme the night LilKe
died, went on the stand and corroborated this testimony.
"Mrs. Evans is expected to testify this afteraooa that she saw the note
from Mrs. Orner to Mrs. Archer, nrging" her not to teH."
Pecos, Texas. Dec 2. Two witnessed
today told the jury in the case of Mrs.
Agnes Orner. charged -with the murder
of her daughter, Lillie, that they heard
her confess killing the child.
With the case closed Saturday and
the arguments under way, the court
created a sensation by suddenly re
opening the trial and ordering further
testimony. Mrs. Lucille Archer, who
stated last week, after the prosecution
had worked bard with her, that Mrs.
praer had said, "shall I confess," while
weeping over the body of the dead
child, testified today that Mrs. Orner
grabbed her about the neck, as they
stood near the dead child, and. crying
and sobbing, said: "Oh. my God, I have
killed Lillie. What shall 1 dor It
was Mrs. Archer's decision Saturday to
tell this that caused the reopening of
F. Van Horn, an El Paso . hackdriver,
who was summoned here during Sun
day, corroborated this evidence. He
testified this morning that he was pres
ent when Mrs. Orner had- made the
statement. He swore today that he
heard Mrs. Orner say: "I have killed
Lillie. What shall I do?"
Mrs. Orner's own indiscretion, as
cording to the prosecution, brought the
sudden and 'sensational turn to the
case. Last week Mrs. Archer testified
that Mrs. Orner had slipped her a note
after she had first been on the stand;
Mrs. Archer said she had burned the
note after receiving it. Saturday af
ternoon she stated that she bad re
ceived another note from Mrs. Orner
and Robert T. Neill, who is assisting in
prosecuting Mrs. Orner, got possession
of it. As introduced in court, it said:
"If you teU -all I told you, I will have
to commit juicide. and for God's sake
don't tell it. My life is In your hands."
Jiotc Cames Rconenlnc
Ibis note to Mrs, Archer convinced
-rriil fM i ktif st tawjiBusa
and n" ftartbs ur wing Tngrror
a statement, she agreed to make a clean
Drjeast ot all sne nad heard and also to
give the name of the man whom she
had said some time ago had also heard
Mrs. Orner make the statement that
she had killed the child. She gave the
name of Van Horn and Mr. Neill wired
to district attorney Jos. Nealon. at Kl
Paso, who had Van Horn sent to Pecos
Sunday. Meantime, the news of the
new evidence had been communicated
to district judge Isaacks, who agreed to
reopen the case, over the protest of the
defendant's attorneys, however. The
attorneys of Mrs. Orner held that that
testimony should be excluded on the
ground that it was inadmlssable after
the arguments had been commenced,
and should have been introduced previ
ously. The court overruled the objec
tion. Now that new evidence has been In
troduced, it is probable that the argu
ments will be made over again.
The Sensation Saturday.
The trial, which has been sensa
tional from its opening, developed the
newest sensation Saturday night. While
a crowded courtroom held its breath,
judge Isaacks excused the jury until
Monday, telling them that he had hoped
to complete the trial that night, but
that circumstances over which he had
no control had arisen, and that the
jurymen would have to be content to
stay together until Monday morning,
when the hearing of the case would be
The moment was a dramatic one. All
evidence had been submitted in the
case, and each side had rested before
noon Saturday. It was announced that
tne argument or attorneys would beein
cMrectly after lunch, judge Isaacks call
ing court to meet at 1 oclock, in order
that it might not be too late when
arguments were finished. Assistant dis
trict attorney Neill opened for the
state, speaking for an hour and a half.
Mr. Neill was followed by Chas. Owen,
of counsel foradefence.
Owen's Plea For Prisoner.
Attorney Owen devoted considerable
attention to J. D. Lee. the principal
witness for the state. He couched his
phrases so insinuatingly, and laid the
circumstances of the case before the
jury in such a way as to try to leave
a large element of doubt in the mind
of the jurymen at the moment He re
hearsed Lee's connection with the case,
his voice and words personifying a
sneer as he told ot Lee's denials of the
testimony of Mrs. Orner and Mrs.
Archer, who stated that Lee had made
offers of marriage and improper pro
posals to the defendant. During this
invective, tvee sat in tne courtroom.
!? with the other witnesses. When
Owen was most bitter and most accus-
nsr. Lee's face was flushed, and he
leaned forward as though he were
about to rise to his feet and speak in
his own behalf.
Owen spoke until almost 5 oclock.
The tall young lawyer from Tennessee,
who has aided the defendant through
FOUR MEN DISMISSED
GO VERNMENT RESTS PROSECUTION
IN DYNAMITE TRIAL
Indianapolis, Ind., Dec 2. Four of tie 45 defendants in the "dynamite coa
spiracy" were disciarg ed by the government today on the grounds that the charges
against them had not been sustained.
The dismissal of the cases, leaving 41 on trial, came when district attorney
Miller announced that the government's evidence was all presented and rested
Mr. Miller then moved the dismissals as follows:
William K. Benson, of Bast Galloway, K. Y, former president of the Detroit
federation of labor; Moulton K. Davis, of Westchester, Pa., former member of the
executive board of the International Association of Bridge and Structural Iron
Workers; John R. Carroll, of Syracuse, K. Y., former official of the local Iron
Workers' union; Spurgeon P. Meadows, of Indianapolis, bosiaess agent of the leeal
union of Brotherhood of Carpenters and Joiners.
The government said its release of these defendants did not affect the merits
of the remaining cases.
Motions by the defence for the dismissal of Michael J. Cunnan, of Philadel
phia; Clarence E. Dowd, of Rochester, N. Y., formerly of Detroit; John H. Bany,
of St. Louis; James E. Ray, of Peoria; Murray L. Peanell, of Springfield, DL;
Fred Mooney, of Duluth, and 'other defendants were overruled.
"I will say at the end of the trial I will listen to motions as to a few more
(Continued on next page.)
three trials, closed in an able burst o
When Mr. Owen closed, judge Isaacks
announced that court would adjourn
until 7 oclock. and that it would re
main in session until the case had been'
given into the hands of the jury.
By 7 oclock the courtroom was well'
filled with spectators, and by 7:15 there'
was not standing room in the audi
torium. Judge Isaacks. who is noted''
as being a stickler tor promptness, did
not take his seat at 7 oclock. About;
:15 he came Into the courtroom, his
jaw set and his face white with soma,
anxiety, and excused the jury for a
few moments. iHe then absented him
self from the room again, and the;
minutes dragged on.
The crowd was filled with curiosity,
and speculation as to the probable
cause of the judge's absence caused a,
chatter of voices. It had been noted
that witness J. J. Kaater. as well aa
Mrs. Edith Evans and Mrs. Lucile
Archer Jiad retired from the room early
and observing ones attached some sig
nificance to this. Some one saw these
luT. ! au o xen UBriwu
witnesses in the clerk's office, guessed
that the judge was there, asjd there
was more talk and more speculation.
Jndge Seems Worried.
It was 7:45 when judge Isaacks
finally took his seat. He cleared his
throat contemnlatteelv. and seemed to
f be planning what he should say. Dis
trict attorney win tr. craay rose to nia
feet. "May it please the court " he
"I'll not hear you now, Mr. Brady,"
said the judge, and seemed to resume
his former train of thought.
"If it please your honor, the stats
now " Mr. Brady was speaking again.
But before he had reached the matter
in nana, judge Isaacks interrupted him
with another statement that he -would
not bear Aim. A third time, however.
the district attorney tried to get the
attention o' the court.
"May it please the court, the state
now move " Whatever it was that
ttb-tat -vast gates to move wm
uctui uingB oat. tor jit. arnr was
requested to resume his seat, and judge
Isaacks turned to the crowd.
The Judse Relieves the Tension.
"In a few moments," began the judge,
"court will adjourn until Monday morn
ing, at which time the hearing of this
case will be resumed." Then, raising
his voice: "The witnesses in thi3 case
will remain in Pecos until they have
been excused by the court. There
may be some who will not have to
stay over until Monday, but none
should leave without being personally
excused by the court. The rule is in
voked without exception, and yon will
not talk about the case to each othe
or to anyone except the attorneys in-"
"Gentlemen of the jury," he said, ad
dressing the jurors. "I had hoped that
you would hear the concluding argu
ments of the attorneys, and that you
.n ai 14 alA Jsi" s4 a iitii1ct nnaij4Aii -
j tion tonight. In that event you might
have oeen a Die to reacn a vermct at
once, and could then have gone to your
respective homes. I regret to stare,
however, that circumstances over which,
the court has no control have arisen.
and it becomes necessary to adjourn
until Monday morning, as I have stated.
If there is anything you lack that will
contribute to your comfort, tell the
sheriff of the matter, and. if he is un
able to fill your wants, he will comer
to the court and receive the aid neces--sary.
"Those in the aisles will step aside;
and no one will address the jury as
chev pass out. Anyone doing- so will be,
held in contempt of court. Keep your
seats until the jury stall have passedr
out. Mr. Sheriff;' retire with the jary.
So closed the night session that aadF
been expected to conclude the triad.
Pecos was agog Sunday with specula
tion as to the real meaning of tbe
events of the evening, and the court
room was filled to overflowing by IO
oclock this morning.
Dropped the Syringe.
"UV n.nnr. tn tl tritnlwR stnul
i did not say that her husband had died
because sne had given mm morpnine.
but said that ahe had felt because she
had dropped the hypodermic syringe
?nd t"-oke it, thereby losing the chance
to give him an Injection whan he
t-a'lLj ior it, she might have been to
blame for his death.
Dr. M. O. Wright testified that he
did not know what had caused death,
but that all the organs oS the -body weie
found in a healthy, condition when bo
made a postmortem: that Orner was
apparently a healthy man and that
there were no evidences of his having
I been a morphine fiend.
Jnrors Pltci Dollars.
The jury in the case of Mrs. Orner
has had a novel way of passing away
the time. Two holes, each the stae of
a dollar, are dug in the ground. These
are about 15 feet part and one Juror
stands at either hole trying to throw
dollars into the other. Of course it In
not for "keeps," for that would be
gambling and in violation of the law.