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title: 'El Paso herald. (El Paso, Tex.) 1901-1931, April 19, 1913, Week-End Edition, Section A, Image 1',
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El PASO, TEXAS,
April 19, 1913 28 Pages
fOCR SECTIONS TODAY.
Fair Tonight and Sunday.
FX PASO HE
Every Day 400,000 Men Are
Idle, it Costs the Em
FOR LONG STRIKE
BRUSSELS, BELGIUM, April IS.
Twelve million dollars is the fig
ure compiled in trustworthy cir
cles of Belgium's loss ia tb first six
clays of the strike or equal plolitical
rights, which has been Joined by about
4(0,000 men. half the male population
of the country.
Two-thirds of this loss of 52,006,000
a day falls, according to the Socialist
trade union leaders, on the employers
.rtnd supporters of the existing system.
The organizers of the strike affirm
that the men by exercising self denial
en hold out as long as the capitalists
are willing to endure their deprivation
. f dividends for a political reason only.
All appearances go to show that the
sink.- will continue for a considerable
BELGI VN' AVAR DBPAKTMBST
ORDERS DYXAM1TK EXPLODED
Charleroi. Belgium, .April 19. The
Quarry owners here exploded all the
mnamite they had on hand. This was
uune by order of the war department.
STRIKERS SnORK VP MIXE
TO I'RKVBXT DAMAGE
lilisome, Belgium, April 19 A fall
of coal -which blocked the shaft of the
'. me occurred here today. Strike lead-
r suit a large gang of men to shore
lx the mine in order to prevent further
Senator Smith to Make Every Effort
To Get Iay for El Paso and
Washington, D. C April 19. It de
veloped todav that El Paso and Doug
i ,s claimants for damages inflicted by
Mexican bullets may notbe given their
E 'ue By congress ai uiis nraoiou.
Senator Mark Smith has reintroduced
h.s oill in the senate to pay these
i aimants 571,000. and Smith will offer
re bill as an amendment to the sun-c-v
ova bill in the senate. Represen
tative Fitxgerald, chairman of the
house appropriations committee, today.
Tiow ever, said it is the intention .or
1 nuse and senate leaders to pass the
-.ndry bill just as was vetoed by for
yi "r president Taft at th last session
If this s done, tlie joint conferees
rn. the bin would refuse to accep
smith's tneisuwas MWwwhwwrt ap
tne claimants would again be disap
pointed. . . ,
Smith, alarmed at this, Is rallying
"jpport among his friends in both
r oupes to get his measure through with
i.e bilL -
TRYING TO GET
NEW. MEXICO JOBS
Democrat May Relieve Present Post
masters of Their PoltiOB Fer
guson Making the Effort.
"Washington. D. G, April 19. New
Mexico presidential postmasters re
commiEsioned for four yeaar by former
president Taft when the territory be
ame a state, are in danger of losing
their jobs, no matter how long their
Representative H. B. Ferguson has
taken up with president Wilson and
postmaster general Burleson a plan to
bave these postmasters' commissions
dated back to the time the commis
sions otherwise would nave expired
hffore the new Taft commission were
If the plan goes through, nearly
every presidential postoffice in New
Mexico would become automatically
vacant and Democrats would be ap
pointed to the plums.
PROMOTERS OF MEXICO PROJECT
CONVICTED OF FRAUD CHARGE.
Philadelphia, Pa., April 1. A ver
dict of guilty was rendered in the
I'nited States district court here to
dav against the promoters and offi-
rs of the International Jkumber and
Developmeiit company, who were
i liarced with conspiracy to defraud
stockholders of the company through
thf United States mall.
The government charged that the
company sold stock to the amount of
J6 of'0,000 by circulating false and mis
leading literature through the mails
regarding the value and profits of a
plantation of 28.000 acres in Mexico.
FORMER TEXAN CONFESSES
TO INCENDIARISM IX IOWA
Siuox City, la.. April 19. William F.
Peebles, alias Wm. Conley, accused of
starting a number of fires here, con
fessed when arraigned in police court
today. He also confessed, say the po
lice to numerous robberies in various
parts of the country. Peebles said he
formerly lived in San Antonio, Texas.
ARIZONA POSTOFFICES TO
RE DISTRIBUTED SOON
Washington, D. C, April 19. Repre
sentative Carl Hayden. of Arizona, said
today that the list of Arizona post
office appointments would be an
nounced within the next two weeks.
AVIATOR KILLED IN CHICAGO.
Chicago III., April 19. Otto W. Bro
die. a professional aviator, was killed
tooa by a fall -of his machine from a
Tifii'ht of 45 feet at the aviation
grounds on West (3rd street and South
rd avenue. It Is believed that his
Nothing caught te the fly wheel of the I
VILLA REPORTED CAPTURED.
An unconfirmed report was current
In Juarez Saturady that Pancho Villa
and the men of his command had been
captured by federal troops south of
CARRANZA IS ELECTED
SONORA AND COAHUILA DELEGATES AGREE
PRESIDENT BY REBELS
EAGLE PASS, Tex, April 19. Governor Carranza. of Coahuila, is named pro
visional president of Mexico by delegates from Sonora, Chihuahua, Coahuila
and some other Mexican states who have been having a conference in Mon
dova, Mex. News of their action reached here today. They agreed to accept the
plan, of Guadalupe, which sanies Carranza provisional president until Mexico City i&
captured and regular elections held.
Carranza pledges himself to turn the presidency over to the successful can
didate. Instructions from Washington to resume delivery of mail to all points in the
state of Coahuila, Mex., where the Carranza government is operating postoffices
cre received today by the postmaster here.
Municipal Slaughter Houses
Provided for Judges Get
No Salary. Raise.
IS PROVIDED FOR
PHOENIX, ARIZ., April 19. After
the most sensational fight of the
present session, the house of rep
resentatives, sitting as a committee of
the whole, Friday afternoon approved
senate bill No. 1. requiring municipal
slaughter bouses for the cities and
town of Arizona.
The vote was 14 for the bill and 12
Brooks did bis level best to amend
the measure so as to require the in
spection of the animals killed, but the
other representatives seemed to think
that the bill covered that feature as It
Following representatives voted to
recommend the bill for passage: Bab
bitt. Barker, Buchanan, Crofoot. Dun
can. Ellis, Gonzales, Johnson, Ke,lton,
Kerr, Lewis, Kirke Moore. Wren.
It still is not compulsory that such
a governing body establish a slaughter
house if there is an abattoir In the dis
trict that is conducted along sanitary
lines approved by the livestock sani
Occupying School Lands.
Without division, the house commit
tee of the Whole added an emergency
clause to house bill No. 33. providing
for the further occupancy of school
lands by persons who held them under
lease prior to Arizona's admittance to
statehood. With the emergency clause
and several other amendments, it was
Kirke Moore declared that it would
do nothing more than enable certain
individuals to get control of the state's
The bill provides that a lessee shall
pay not leap than 2 1-2 percent of the
value of the land he holds, as an annual
rental. Jacobs made an unsuccessful
effort to have this reduced to 2 per
cent. Drennan proposed an amendment re
uiring the state to pay lessees for their
improvements whenever they might
want to relinquish their lease. He with
drew this in favor of an amendment
by Linney, simply requiring that in
each lease there be a clause guarantee
ing the lessee his constitutional rights
with regard to improvements. Llnney's
amendment was adopted.
Another amendment by Linney. lim
iting leases to five year terms, was
Land Commission Bill.
There was no opposition to the favor
able report of bouse MH 32. making an
uHinrhtlnn fur tli continuation of
Pt lIMBMil ImH uiulMllPalonfeftrwd f
318,000 for the commissioners' salaries.
34800 for the chief clerk's salary, and
as much more as may be needed for
clerk hire, traveling and incidental ex
penses. No. SI. defining the duties of the
commission, providing for the granting
oZ rights of way across state lands and
for the selection of other lands in lieu
of school lands included in national
forests, was acted upon favorably in
the" committee of the whole.
Bills Reported for I'nmtoce-
Other bills recommended for passage
by the committee of the whole:
House bill 25, fixing 55 as the fee for
recording a livestock brand.
House bill 28. Kerr's measure to pre
vent the spread of noxious weeds.
House bill 24. ceding to the United
States jurisdiction over military re
serves within the state.
House bill 36, regulating the practice
Senate bill 4, the mortgage code.
Just one bill was passed In the souse
vesterday. It Is house bill No. 17, the
election code. Its reading occupied sev
eral hours of time.
New IIoHRe Measures.
Two new bills were introduced.
House bill 37 is the code relating to
the organization and administration of
special road districts. No. 38 is by
Kane, and carries an appropriation of
37500 for the sinking of an experimen
tal artesian well in Greenlee county.
The good roads committee recom
mended the Indefinite postponement of
senate bill No. 17, by Lovin. giving
county supervisors the right to expend
county road money without consulting
the state engineer.
Two reports were submitted by the
ways' and means committee on senator
C B. Wood's No. 22, the general taxa
tion bill. The majority report, signed by
Buchanan, Jacobson, Kelton and Jones,
was favorable. Hall and Brooks recom
mended a slight amendment.
Judges' Salaries Remain the Same.
Superior court judges are to receive
tie salaries fixed for them by the con
stitution. The senate decided this yes
terday while considering house bill No.
2. the county salary code, in committee
of the whole. Efforts to raise the sala
ries of the governor, secretary of state
and attorney general were unsuccessful.
In the form that it passed the house,
the bill provided generous raises in
salary for -most of the superior court
judges of the state. The senators de
cided that the present salaries are suf
ficient. Cocaine Sheriff Raised.
The sheriff cf Cochise county was
raised from 33SOO to 34000 a year, and
his under sheriff front $150 to $175 a.
On motion of Roberts, it was decided
not to fix the salaries of precinct offi
cers, but to leave that to the county
In its amended form the bill was
sent on. for regular course. Next the
inheritance tax code was read and ap
ITOved. Siacle Tax Measure.
Senator Worsley's modified single
tax bill was reintroduced yesterday,
as No. 57. It provides that each year,
for the next five years. 15 percent of
the taxes on improvements and per
sonal property shall be deducted and
added to the taxes on land.
No. 5C is. a code measure prescrib
ing methods of caring for and distrib
uting county and state funds.
No. 58, by Roberts, makes is possible
(Continued on Next Page.)
run butcher FOREIGNERS ARE IN OANGER
0GALES, Ariz., April 19. Insurgent Sonora state troops -early today began the
bombardment of Guavmas by long distance artillery and rifle.fire. The federal
garrison of 600 regulars was entrenched in a suburb of ! the Calif orrda gulf city.
The attacking insurgents are said to number more than 1000, with strong reinforce
ments on the way from Hermosillo, the state capital.
After a brisk rifle and machine gun fight across the bay, the fire soon subsided.
The state troops are entrenched at Empalme, across the bay from .Guaymas Bullets
fell near the hospital in Empalme, but no members of the large American colony there
were reported injured. Guaymas is under martial law. The wires are not operating
6 It isported that the "Constitutionalist" troops in today's preliminary battle
successfully employed machine guns mounted on smaU launches prom near the shore
the rapid fire pieces are said to have played-havoc with the federal positions. Eight
federals were killed. . . T ,,
Many foreigners live in Ghajinas and the foreign interests there are large. In the
event of serious fighting, the damage there will probably be greater to foreigners than
in any Mexican battle except that in the national capital itself. . . . -,
There is much foreign shipping done from Guaymas and several foreign vessels
are in the harbor. Foreign women and children are to be taken on these vessels.
PRICE OF BEER
RISES IN MEXICO
Owing to Low Rate of Mexican Money,
Increase Is Ordered Money Still
Drops In Price.
Most noticeable in Chihuahua is the
effect of the recent fluctuations of the
Mexican money market. Pesos flut
tering about the 45 cent mark have
caused somewhat of a panic, not only
in banking but In mercantile circles.
Foodstuffs are soaring at Chihuahua
City and Juarez. Explaining that they
must pay for malt and hops in the
gold standard, the German brewers of
Chihuahua today raised the price of
beer 25 per cent. This is expected to
make 10 cent glasses.
Cigarets, to the Mexican mind a nec
essity of life, long have been affected
in price by the continued revolution
and coat today double what they sold
for two years ago.
The El Paso banking exchange is
keeping one point below the Mexico
City peso market. Tl.e uneasiness
which has brought the price of the
silver certificate lower than in many
years is blamed on the growing revo
lution and the bankers' misgiving of
the reserve fund at the national cap
ital. Mexico's failure to float a na
tional loan and the failure of recog
nition by the United States play im
portant parts in the money slump, say
heads of the money bouses along the
FEDERALS AGAIN IN
POSSESSION OF JIMENEZ
JodaraJsoro.. again reported in poo I
session oi 4imen, wnicn zur one any
was held by Thos. Urbina, a rebel, and
400 of his men. Lrbina and tils fol
lowers took the town last Sunday after
an. all day battle in which the federals
reported to have lost 80 men killed and
the enemy's loss was about half that.
The following day, Monday, a force
o' federals went down from "Parral on
the railroad with "El Nino." their fa
mous cannon mounted on the flat car,
in front. A few shots from the can
non killed no one but served the pur
pose by frightening the rebel band
away from the town.
The rebels and federals have been
playing tag in Santa Rosalia, one band
holding the town and then the other.
At last reports the federals were ia
In the city of Jimenez, no looting was
done by the rebels but they helped
themselves to whatever their hearts
desired in the large mercantile stora
giving "vales" therefor.
TREATS IIUERTA REGIME
AS DE FACTO GOVERNMENT.
Washington, I. C. April 19. In
quiries at the white house concerning
the exact relations of the United
States with the Huerta government in
Mexico at the present time revealed
the fact that no messages or impor
tant communications had been trans
mitted to the Huerta administration
since president Wilson . was inaugu
rated. Ambassador Wilson has been in cor
respondence with the state depart
ment and has been given various sug
gestions concerning the policies of the
new administration here but it was ex
plained at the white house that the
Washington government has treated
the Huerta administration merely as
a defacto government.
AMERICAN REPORTED HELD FOit
RANSOM IS SAFE IX NACO
Lincoln. Neb., April 19. 3. W. Apple
white, secretary of mining interests in
Mexico, who was reported held by Mex
icans for a large ransom, is safe in
Naco, Ariz., according to word received
here this morning by his brotherinlaw.
Dr. C A. Shoemaker. The message came
from Alfred Evans at San Antonio. Tex.,
who had his information direct from
SETTING MEXICAN ELECTIONS
Mexico City. Mex.. April 19. Owing
to the opposition in the chamber of
deputies to the naming of a date for
the holding of elections for president,
a bill whs introduced in congress set
ting July 27 as the date and providing
for the direct vote of the people in
choosing a chief executive.
ATTACK ON DURANGO.
Mexico City. Mex April 19. Calixto
Contreras began an attack yesterday
on the town of Durango. A private
message sent from a town near Du
rango said the government forces
numbered about 600.
Home People and Out of Town People AS Use the Wast Page
Tuctimcari, Dallas and San Diego Want to Give Jobs to Somebody in El Paso .and Tell About It ia The Herald Big .
Business Houses Want Help and They Use the Little Want Ad.
advertising is not
the local field. The
Herald want ad. is as much &n in
stitution in the cities and towns of the
southwest as it is In El Paso. To
prove this watch an out of town sub
scriber turn to the classified page in
The El Paso Herald. Not only is the
-want ad. page read for the news in
terest there is in it and the chances
which may be found there, but It is
used as the medium, and many time
the only medium, the out of the city
people have for getting in touch with
buyers for their fresh ranch eggs, for
their farm and dairy products and the
hundred and one things that are grown
on a ranch that must be marketed at j
the oiit of town subscriber to obtain
help for his house or ranch. It is ap
preciated as mrch outside of El Paso
as it is in the city where a gilt edge
guarantee is given with each want ad
receipt that is th( a-H ertif mprt
once. ,jx aiso proviaes a meaium ior
' s not pttri'r twc n
v.o tLt sani. ad ajin..rir
iu any ota.r '
Buckwheat and Rye, as Well
-As Wheat Plour, are
Placed on the Free List.
SOME SAVINGS BANKS
EXEMPTED FROM TAX
ASHINGTON, D. C. April 13.
The house ways, and means
committee majority agreed to
day to an amendment to transfer
buckwheat and r. to- the . free list
on A fld vtngg wteB'Brt"
ducted for profit," to the list of ex-
exemptions from the operation of the
income tax. They were reported later
to the caucus. There was no change
in the items of wheat on 'which .tne
millers have been making a great fight
because flour was placed "on the free
list. Few Changex In Tariff BUI.
Democrats of the house continued
their caucus on tariff revision today
with the expectation of completing, by
night fall the administrative provisions
of the bill and disposing of numerous
ways and means committee amend
ments. These amendments do not affect the
substance of tariff bill to any extent,
but are intended to clarify and
strengthen the language of the meas
ure and include a few unimportant
changes in rates which commend them
selves to the committee in recent com
munications to the ways and means
committee majority. So far the only
substantial change made in the tariff
bill has been the transfer of shoe ma
chinery to the free list.
BUI To Be Voted on Monday.
When the caucus assembled Demo
cratic leader Underwood said he ex
pected the tariff bill would be com
pleted In caucus by tonight. As amend-,
ed it wiU be reintroduced in the house
Monday and, according to present plans,
voted upon by the entire membership
of the ways and means committee at
a meeting Tuesday and probably taken
up for consideration by the house Wed
nesday. Insurance Policies Exempt.
In the Democratic caucus the ways
and means committee majority was
sustained at every point in a. series of
fights over proposed amendments to
the income tax, the only important
change being by acquiescence of the
committee to strengthen .-tne provision
exempting life insurance policies. The
$4000 exemption and graduated schema
schedule of income tax tip to 4 percent
on $100,000 or more was retained. In
tact. Net Incomes Taxed.
The caucus adopted an amendment
which, in effect would require insur
ance companies te pay "the proposed
1 percent only on their net incomes
out of which they declare a
dividend to policy Holders." The
amendment would require the net in
come to be ascertained by deducting
from the gross amount of income, "the
net addition, if any,- required by law
to be made within the year to reserve
funds and sums other than dividends
or return of premium payments paid
within the year on policy annuity eon
tracts." Republican Defer Action.
The house Republicans endorsed the
proposed amendment to the bill that
would provide for a tariff commission,
changed so as to require the commis
sion to report annually and deferred
until Monday action on a measure to
introduce as a Republican measure, the
(Continued on next.page.)
paper the money win be refunded.
Yesterday afternoon's paper con
tained a number of little want ads
which point the moral ot this tale.
A bright, energetic man is wanted on
a California ranch where brlghtiiffl
and energy is the old requisite of a
good paying position. This ad came
all the way from San Diego with the
postscript that a bookkeeper could be
used to advantage. George Eoklizer. up
at Tucumcarl. N. M.. needs a shoe
maker in his shop to sew boot bot
toms and do general repair work. He
is promised steady work and good pay
if he will get a hump on himself and
get to Tucumcarl or write at once. A
Dallas magazine has recognized the El
Paso Herald want ad's pulling power
and is running an advertisement for
solicitors to work for the magazine.
A ranchman In the lower valley -wishes
a man. He does not post a sign in
front of the store in Ysleta. He takes
th modern short cut to service by In
sfrtinir in ad in thp classified clear-
my bn-iw of tho southwest The El
I'ao Herald. Its an odds-on bet that
GUNS IN JUAREZ
Somebody Stole the Breech Blocks and
the Garrison Has Neither Guns
The Juarez federal garrison today
found itself in a predicament. Some
daring person made away with the
breech blocks of all cannon and ma
chine guns, rendering the pieces use
less. Also during the siege of Naco,
a large shipment of ammunition was
sent through the United States to the
relief of Gen. Ojeda. and CoL Juan N.
Vasquez finds himself in command of
plenty of men at Juarez but virtually
no artillery and little ammunition.
VtAtti "Constitutionalists" forces press
las' close to Chihuahua City from the
south, and threatening to cut the Mex
ican Central between the state capital
and the border, the situation is ad
Prompt action for the theft of the
artillery apparatus resulted in the ar
rest of Jose Pierce, who was a Madero
official of the border town. But the:
precious pieces of steel, which only
may be duplicated after much expense
and time, have not been recovered.
The lost ammunition is no leas easily
recovered. Mexican consular officials
declare that it was shipped to Naco
by permission of the United States
customs and military officials here,
but the car was not permitted to cross
to the Mexican side at Naco, and re
mains heid by order of American fed
eral officials. Juarez, it is predicted,
may soon need the ammunition as well
ORDERS NOT GIVEN -BY
Vice President Hudson of the National
Railways, Says the Road Is not
Operating Below Chihuahua.
C. R. Hudson, vice president of the
National Railways of Mexico is in El
Paso .to spend a week. He" has returned
here from- the east, where be went
three weeks ago from his headquar
ters in Mexico City. Mr. Hudson de
clined to discuss conditions in Mex
ico, as be has been away from ttfere
so long be is not familiar with them.
However, relative to a report that or
ders bad beep given by the government
net to repair the road south of Chi
huahua, he said:
"The government does not give us
any such orders. The road is not op
erating south of Chihuahua. If re
pairs are not being made, it is be
cause a military escort could not be
"It has been our policy to make re
pairs as fast as possible and w.e do
not kpow whether they are being made
now or not. but if they are not. it is
because of the reason given above."
CUMPAS IS NOW CAPITAL
OF THE MOCTEZUMA DISTRICT
Cumpas Mexico. April 19. This place
is now the capital of the Moctezuma
The telegraph line from Cumpas to
Nacozarl is nearly completed. It is be
ing built by private subscription, the
Moctezuma Copper company contribut
ing. One hundred men under Maj. Bell
sarlo Garcre, who have been here for
several -days, continued their march-to
Hermosillo by the way of Moctezuma.
Also, jefe Antonio Lastaunau passed
through "from Nacozarl to Moctezuma
with his troop.
It is officially stated that' a band of
thieves at Granados attacked the town
two days ago in order to rob from the
richer families. Fifty soldiers were
dispatched from Moctezuma after them.
Antonio Rojas and-about 300 follow
ers are still in the town of Sahuarlpa,
having taken the town several days
HAY GOBS TO WASHINGTON.
New Orleans. La., April 19. Col. Ed
uardo Hay, member of the Mexican
national congress. Is here en route to
Washington, where he expects to dis
cuss Informally Mexican affairs with
officials of this government. In the
battle of Casas Grandes he lost his
right eye. and received other wounds.
MEXICAN PESOS 4S CENTS
Local, banks quoted Mexican pesoes
at 43 cents on Saturday, the same
price as Friday and two cents lowei
than.. the day prior to that. However,
a drop ia looked for- next week.
he gts -his ranchman before Sunday.
As the Mttle Herald want ad is-recognised
by foreign and southwestern
advertisers, so Is it sanctioned by the
big department stores of El Paso. To
talk ad. to these stores, it is the gen
eral Impression that it must be done
in page size dimensions. Not much, as
witness a want ad that cost exactly 13
cents which appeared Friday announc
ing that the White House had a cash
register for sale. The Calisher store
advertises for a demonstrator for toi
let articles. The Popular store needs
a boy"J.o run errands. They all adver
tise in The Herald's classified .depart
ment. The system works both ways. The
city patrons of the want ad. get the
benefit of the out of town subscription
list which is the largest in the south
west. And the out of town readers
get the benefit of the big Herald clr
culatlpn in El Paso. Reciprocity is
recognized and taken advantage of in
thi-s popular pacre to the end that
ecrone gts what he or she is look
TWO KRAKAUEBS RELEASED
ON INSTfP VEHOIGTS
Castula Herrera Also is Acquitted by Order of Judge
Maxey; Cases of Robert Krakauer and Victor
Ochoa Given to the Jury; Defendants
Spent the Night in Jail.
INSTRUCTED verdicts for acquittal
were ordered by judge T. & Maxey in
the cases of Adolph Krakauer. Julias
Krakauer and Castulo Herrera, n trial
in the federal court on the charge of
conspiracy to violate the a1'1
laws. The cases of Robert Krakauer
and. Victor Ochoa were given to the jury
at noon, after the defence rested its
case without introducing a single wit
ness. The defendants were in tne -'
room, having been taken tnere from the
county jail, where they spent the night.
Preceding the instructions ot -.uuge
Maxey for a verdict in favor of tne
three defendants, a sharp engagement
occurred when the attorneys for the
defence made the motion for an in
structed verdict for alL W. H. Burgos.
aSte, argued that there had been no
conspiracy proved, nothing to show
who the conspirators were, when it was
made or what the terms were.
Judge Maxey asked about the orders
which were taJcen to the Krakauer
store from Juarez, and if these did not
circumstantially prove a conspiracy.
The answer of the attorney for the de
fence was that there was nothing to
show that these orders came from Jua
rez, but that the women were sent to
Juarez to get the orders, brought them
to the federal building and were sent
from there to tne jvuiri n
Two Krakauern Released.
Judge Maxey here ruled that this was
a question of fact for the jury to deter
mine. He held that there was nothing
; against Julius araiumer cidiii. "
I with the conspiracy which was alleged.
This was acceptea oj 6 c. .. -attorneys,
who said that they were not
positive on Adolph Krakauer. Lter
attorney T. C. Lea. for Castulo Herrera.
addressed the court, calling attention to
the fact that the only witness who could
connect Herrera in any way with i the
alleged conspiracy had failed to Identi
fy him in the court room, and there
might be many men by this same name.
Thl court concurred with attorney Lea
. .. XTaaa YX?o 1IMIUI1M
i ana tne name C"S" "-" ii. ..i
I with that of the two Ji:akauers in the
instructions tor a veraici mmioure .
Dispute Over Date-
Judge T. A. Falvey. for the defence,
argued that the law making the ship
ment of ammunition to Mexico lUegal
went into effect on March 14. 1912. and
that any agreement entered into Prior
to that dnte was not iUegal and the
carrying out of an aernl,m"
prior to that date was not lUegaL lie
held that there was nothing to show
when the conspiracy was entered into,
if at alL Since this was nt proved, he
said, it could be presumed that the al
leged conspiracy was made Prior to that
tme and was therefore not illegal- Dis
trict attorney Engeikin admitted that
it was impossible to fix the exact date
when tne alleged conspiracy was en
tered into. Judge Ealvey Mgued
t urtw ttart. h RMpL'"
have been made since liareJi IaIS- or
der to be illegal. IF-H- Burges ar
gued that the gist of the crime Is the
conspiracy and that the overt act is but
the poiftt where the man accused of the
crime may back out. It was necessary,
he said, to prove that the agreement
was made after March 14. He further
held that there was not a single word
as to when Robert Krakauer and un
known persons conspired, as charged, by
Strong Potat for Defence.
Judge Maxey said the only question
was that the alleged conspiracy might
have been a continued one. entered Into
prior to the passage of the neutrality
law but continued after the law became
iffectire. He called attention to the
orders as a circumstantial evidence of
the conspiracy. Judge Falvey claimed
there were no facts, but the delivery
of the ammunition, to show the ex
istence of a continued conspiracy. Judge
Maxey held this a strong point and
askea the government attorneys for
their side. S. Engelking. for the United
States, argued that the setting aside of
laro quantities of ammunition by or
der of Robert Krakauer was evidence of
a continued conspiracy, since Blmen
dorf testified that it had extended
over a period covering five months.
Judge Maxey then announced that
he would instruct the jury to return a
verdict for the three defendants, hold
ing only Victor Ochoa, who was con
nected to the case by the fact that he
was identified as .one man who obtained
ammunition upon an order, and Robert
Krakauer, who was in charge of the
ammunition selling. After a conference
between the attorneys for the defence
and the Krakauer family, it was de
cided to rest the defence's case without
introducing any evidence. The argu
ments started at 12 oclock. with as
sistant district attorney U. a Goen
makinng the opening address to the
Elmendorf la Recalled.
Frank Elmendorf. of the Krakauer
store, was recalled to the stand at the
opening of court Saturday morning. He
gave a description of the layout of the
Krakauer store, including the location
of the office of A. Krakauer. He said
that the ammunition was kept on the
third floor of the wholesale house.
"Robert Krakauer and myself had
charge of the ammunition stock in
1912," he testified. "I was told that I
was to accept orders for nails and de
liver ammunition on them. Each pound
of nails represented 1000 rounds of
ammunition. Robert Krakauer and A.
Krakauer were there at the time. I
was to put the ammunition aside and
deliver this. I was told to do this by
Robert Krakauer. The orders were
signed by Castulo Herrera. G. Guiterrez.
Wallace and Perkins were to come to
the store for ammunition. (When
asked by the government attorney, he
pointed out Victor Ochoa as the man
"I kept these orders for a week or
two, then threw them Into the waste
for all information. - I was told to have
Stoics That Give
You A Square Deal
( The UKxkrn storekeeper has won his success by serving his cus
tomers satisfactorily. This means by giving them dependable mer
chandise, honest values, and good store and delivery service.
$1 El Paso's most modern and most reliable stores advertise regu
larly ki THE HERALD. They advertise the best of everything
at die lowest price for which k can be sold. They have bright,
airy, and' pleasant stores, well informed and accommodating sales
people, and strive to give their customers the best service obtain-
4 You can rely upon the printed word of these merchants and
have confidence in them. They do business on the square.
Q Read the advertisements in THE HERALD closely and con
stantly every day and patronize the stores that give you a square
(Copyright. 1913, by J. P. Fallon)
the ammunition delivered where they
wanted it. I was to take no receipt. I
never saw any of the ammunition paid
for when the orders came in. I saw
some money paid at Robert Krakauer a
desk once or twice. It was paid in
Mexican money once by a Monde Mex
ican. I put aside 15,040 or 20.000 rounds
IS or 20 times. I packed the ammuni
tion from time to time, 500 rounds in
paper at a time. It could be carried
easier this way. I sent some up on the
mesa one or two times. Nothing was
said to me about the orders coming
from Juarez or being for the "red
flaggers.' I received $1W tp $200 from
Wallace. (He pointed oat Ochoa.) This
was for ammunition."
Made Sale to "Wallace."
On cross examination, by W. H. Bur
ges. for the defence, the witness said:
1 made the sale to 'Wallace' across
the counter, did not know where it
went or who it was for. It was paid
for in the morning and delivered in the
afternoon. There was nothing different
about this sale. During the time I
worked for Krakauer. Zork & Move I
packed and shipped much, ammunition,
for New Mexico. I was told not to ship
ammunition to Mexico by Robert Kra
kauer. None was sent to Mexico or
sales made to be sent to Mexico, to my
knowledge. Of cartridges bought, they
were held, and delivered in the city, but
not outside of the city.
Many Mexican Spies Around.
"T have sold a man named Guadarama
ammunition. He has more than two
stores, he and the sons. They handle
ammunition In these stores. There
were many Mexican spies around the
Krakuaer, Zork & Moye store and try
ing to bribe employes to help them.
"The ammunition which was set
aside was paid for or charged to es
tablished customers. Otherwise they
must be paid for. I do not know Gui
terrez, or his signature, and I do not
know where It came from on the or
ders. I do not know S. Dominguez or
his signature. Neither do I know Cas
tulo Herrera or Pascual Arellano.
"A Krakauer and Julius "Krakauer
gave me no Instructions as to how sales
were made. The sale on Cotton avenue
was made to Ambrose by me. Robert
Krakauer had nothing to do wtih it and
it .-as done in the .regular course of
rtB 'fli at AHA.
The orders for nails meaning am
munition was done at the request of
the customers, was done because of the
spies. I would not have sent any to
Juarez. There was no attempt to de
liver to Juarez and I did not know
where it was going. It was withdrawn
from the stock."
On cross examination by the govern
ment, he said: "Robert Krakauer had
told me that there would be changes in
the names on the orders. Wallnce
(Ochoa) signed the name S. Domtnguez.
I was assigned exclusively to the am
munition. It was not the Guadarauia
sale that was sent on the mesa. 1 never
; deUerejrJLaBY nails ojrthem orders."
Delivered Like Other Mercltaaitiiie.
The recross examination by the de
fence developed the fact that the om
munition was delivered the same as
when scissors, garden hose and other
things were ordered. He also said that
there were only a few of the nails. The
government's recross examination tried
to connect A. and Julius Krakauer wit a
the order for setting aside of ammuni
tion, but the witness said he could not
remember. The gove-nment did get
the witness to admit that the ammuni
tion sales were special business. He
added that if an order for ammunition
and an order for nails were received,
signed by Guiterrez or others, both or
ders would be taken from the same lot.
This was brought out by the defence's
question. He was recalled and asked bv
the defence if it was anything unusual
about taking Mexican money.
The government here dragged out a
sack of ammunition. The witness was
asked ff this was the kind of ammuni
tion. He Identified it as being of tho
kind that was sent on the mesa. The
government then rested.
Juror Becomes TIL
Friday afternoon'3 session of the fed
eral court was abruptly adjourned,
when one of the jurors was forced to
leave tbe room because of nose bleed.
Judge Maxey adjourned, court at 5 '29
until Saturday morning, when the at
torneys for the defence announced that
they would finish the taking of testi
mony. The state continued its eiam
Ination of -witnesses in an effort to
prove the alleged conspiracy which is?
charged in the indictment against ths
five defendants. Each side scored a.
point in the afternoon session. It wax
proved by a number of witnesses that
orders were obtained by Mexican wom
en in Juarez and brought to El Paso.
where ammunition was obtained on.
these orders without the payment off
any money at the store of Krakauer,
Zork & Moye, successors. The governs
ment failed to show that the ammuni
tion was taken across the river by any
of tbe witnesses. Instead, it was
brought to the federal building and
given toLS. Ross, the special agent
of the department of justice at that
time, or to some of his assistants. This
point, it is said, is to be one of tha
principal ones upon which the defence
will rest its case.
The indictment charges a conspiracy
to violate a specific law. The attor
neys for the defence hold that no overt
act has been proved since the ammuni
tion was not taken across the river,
but to the federal building and that
the transaction was as regular as if
a man bought a rifle for his own use
and carried it home with him. To an
swer this the government contends
that the bringing of the orders front
representatives of the rebel army in
Juarez, to El Paso, and the obtaining
the ammunition Is sufficient in itself
to constitute an overt act. That the
government's witnesses were accom-
(Contlnued on next page).