Albuquerque Citizen
.AlillCQrEnQtTE 13 TITE ME
TROPOLIS OP NEW MEXICO AND
ALnrQCEUQUE IS GROWING. AL
IlfQtTEHQVE WILL HAVE A POP
ILATIOX OF 50,000 IN THE NEXT
TEN YEARS. AMJCQCEKQUE IS
A GOOD TUVCE TO MVB IN.
BOOST FOR ALBVQVERQVE!
THE RfSIXFiSS ien or ALnC
QVERQVE HAVE 8rBSCRIIJED
920,000 FOR THE RIG TERRITOR
IAL PAIR. ALntQl-ERQUE HAS
HAD TWENTY-SIX PAIRS AND
EACH ONE RIGGER THAN THE
ONE BEFORE. THE TWENTY
SEVENTH WILL BE A WHOOPER.
WE GET THE NEWS FIRST
VOLUME 21.
ALBUQUERQUE, NEW MEXICO. SATURDAY EVENING, JULY 27. 1907.
NUMBER 176.
"GRAFT" INDICTMENTS
DECLARED TO
BEJVOID
Louis Glass and Other Frisco
Bribers May Escape
Charges at
Present.
QUESTION OF GRAND
JURY'S LEGALITY
It Was Continued After Another
Panel Had Been Secured, and
May Have Been Illegal.
Supreme Court to
Decide.
San Francisco, July 27. Whether
or not indictments returned by the
present grand Jury are valid, and
whether that body had any legal ex
istence since February, 1907, were
seriously questioned In a decision
handed down yesterday by Judge Car
roll Cook of the superior court. The
supreme court will be asked to de
cide the matter.
Attorneys for the men Indicted de
murred to the Indictments, arguing
that, as the present grand Jury was
continued In service after a new
panel had been drawn and filed, the
term of Bervice of the old body had
expired.
Some of those Indicted, who will be
set free by a favorable decision from
the supreme court, are: A. K. Det
weiler, T. V. Halsey, Louis Glass, Pat
rick Calhoun, Wm. K. Abbott, Thorn
wall Mullaly, Tirey L. Ford, G. H.
Ubsen, W. I. Brobeck, Joseph E.
Green, S. J. Desabla, F. G. Drum,
John Martin.
Docs Not Affect Sclimitz.
Should the supreme court decide
that the grand jury which returned
these indictments Is illegal, the de
cision would not affect the case of
Mayor Schmitz, whose indictment
was returned at a time when the
Jury's legality Is undoubted. Nor
would It affect the case of any other
person whose case fcad .been tried
without abjection having been made
to the Jury's legality. If a prisoner
waives any right, such as his right
to object to a Jury's 'legality, he can
not after the case has been tried,
bring up that right, according to
Judge Cook.
The question as to the legality of
the grand Jury will be submitted to
the supreme court Immediately, and
it will be decided within a short tim'e.
In the meantime, the court will grant
continuances In all cases which
might.be affected by the decision.
Cook's Decision.
Attorneys in the Glass case recent
ly submitted a motion to Judge Car
roll Cook, as to the legality of the
grand Jury which Indicted Louis
Glass and others In the telephone
bribery cases, alleging that the Jury
is not legal because it has been held
in session after another grand jury
had been drawn and empannelled,
and that the law does not contem
plate such a case as two grand Juries
in the same county at the same time.
Judge Cook took the matter un
der advisement, and this morning
gave a decision to the effect that the
contention of the defense is mater
ial. He requested that the matter
be submitted to the supreme court
and nttorneys are now at work on
the necessary papers to secure a
final decision.
ACTRESS MARRIES
OPERA QUEEN'S SON
Denver, Colo., July 27. It was an
nounced today that Maude Fealy, an
actress, was secretly married in this
city mi July 15. to Hugo I,. Slierwin,
son of Amy Sherwin, of English
grand opera fame, who is dramatic
critic on the Denver Republican.
THREE KILLED IN
NAPTHA EXPLOSION
Kau Claire, Mich.. July 27. Three
lives were lost by the explosion of a
ear of impth.i in a 1Mb Four train
near here yesterday. The car left
the truck on a curve and immediately
burst into flames. The men killed
were stealing u ride, one body was
completely consumed.
The cause of the car leaving the
track is unknown but It is generally
believed to have been due to spread
ing rails. The trainmen were not
injured seriously though the conduc
tor and two brakemen, who were on
top of the train at the time of the ex
plosion, were Mown to the ground.
The force of the shock stopped the
rear part of the train and the dam
age to the rolling stock was not
heavy.
The roadbed was entirely destroyed
in the neighborhood of the explosion
deep holes being blown in the ground
and no trace of the ear Is li ft except
a few warped and burned pieces of
Iron.
The three tramps, who were killed,
had been warned away from the car
at the station east of the point where
th- explosion occurred. A trainman
told them of the dangerous nature of
th.- car and supposed that the took
the warning until he saw the bodies.
sii:.mi:ii is in ni i
HIT AM, AUK SAVI'll
Auburn. N. V., July 27. The
steamer Frontenac burned on Cayuga
lake opposite Farley's Point this af
ternoon. None of her fifty passengers
were drowned. The effects of the
passengers and all freight was destroyed.
William Haywood, Secretary-Treasurer
Western Federation of Miners
Man whose fate went to Jury
STABBER IS PROBABLY
MAN SUBJECT TO
EPILEPSY
Berlin Police Do Not Believe
Crimes Are Due to
Viciousness.
CRIMINAL MAY NOT
RECOLLECT ACTIONS
Berlin, July 27. The criminal,
who yesterday stabbed five little girls
on the- streets of Berlin, Is still at
large. The theory that finds the
greatest favor among the people Is
that the man Is an epleptlc, who
probably has recovered his normal
condition and Is now without any
recollection of what he did.
In all parts of the city children are
being kept within doors. All police
men, between seven and eight thou
sand, are doing patrol Bervice today.
Five or six suspects, arrested dur
ing the night, were released today.
Three of the children who were
stabbed are dead, one of them having
been found dead. The wounds were
Identical. A sharp edged knife or
scissors blade had been used to slash
open their abdomens. Two others
were treated in like manner, but
may recover.
one of the suspects arrested last
night answered the description of a
man who had given little girls candy
during the day and he was nearly
mobbed before the police could get
him to Jail.
Today comparative quiet reigns but
there is a feeling of uneasiness and
any one making advances of any
kind toward children would probably
meet with violence at the hands of
the Infuriated parents.
The only clue the police have Is a
fharp scissors' blade which was left
sticking in a note on a park seat. The
note stated that the writer had kill
ed three children.
It is possible that the police may
find the criminal if the epileptic
theory Is correct, as they can easily
obtain a list of people subject to that
disease, and the real criminal is
undoubtedly carrying some evidence
of his work in the way of blood on
his clothing.
SEOUL GUARDED BY
JAPANESE TROOPS
Seoul, July 27. Guards have
been placed along the railways and
regular troops are patrolling oil
parts of Seoul. The Korean troops
and the rioters in Kyon Son province
attacked the police, destroying seven
Japanese dwellings, and Injuring six
persons today.
CONTRACT LET FOR
LARGEST DRY DOCK
Washington. P. C, July 27. F.
M cl Mel l.i II Mn.l i nit 1 1 V i n i'iir n, ir.'i t
of Seattle, Wash., was the lowest bid
der today for the construction of the j
largest dry dock in the country, to be j
located at Hi cniertun. Pugil Sound.
The successful bid was $I,12.2M. I
llau't Tutlu-r llng.
Karlsruhe. July 27. The father of
Karl Hhu. who ha been sentenced
to death for the murder of his wife's
mother, suffered a stroke of apoplexy
today, and lies In a critical condition.
, J
at Ilol.se at 11:01 this morning.
SENT
TO CHAIN GANG
FOR VIOLATING
RATE LAW "
North Carolina Ticket "Agent
Secures Release on
Habeas Corpus.
SOUTHERN RAILWAY
PRESIDENT ARRESTED
Ashevllle, N. C, July 27. O. C,
Wilson, ticket agent of the Southern
railway, who recently was sentenced
to thirty days on the chain gang for
violating the new rate law, and who
was released on habeas corpus pro
ceedings In the United States court,
was re-arrested this morning on war
rants sworn out before Police Judge
Reynolds. Wilson was selling tickets
when taken Into custody and pas
sengers were compelled to board
trains without tickets.
Hallway lretddnt Arrested.
A warrant was also issued for
President Finley of the Southern rail
way. Just as a policeman was about
to take FInley to police court, a
deputy United States marshal took
charge of the prisoner.
Finley was taken to the United
States court and released by Judge?
Pritchard on habeas corpus.
The rate law of North Carolina is
even more stringent than that of
many other states, as It embraces
practically all their provisions with
a section peculiarly Its own In which
chain gang sentences may be Impos
ed for violations.
President Finley stated today that
he proposes to fight the law to a fin
ish and will have its constitutionality
tested in the United Slates supreme
ceurt if necessary,
JEALOUSY ALLEGED
CAUSE OF KILLING
Kenilng, N. M.. July 27. (Sixt-lnl)
Martin Amadoro, a native living
near Gage, 1!) miles west of Doming,
Is under arrest here, charged with
killing a native woman named Con
cha Mtndnza. Amadoro was captur
ed near the mines in the mountains
west of Gage by Deputy Dan Hath
away. He Is said to have been a for
mer suitor of the woman, and Jeal
ousy caused the crime.
The fatal shot was fired from a 22
caliber ritle and took effect In the
woman's side. Immediately In front
of the left armpit and came out
through the right arm. above the el
bow. The victim was fired upon from
ambush as she was returning to her
home from a late call at the home
of a neighbor, and died within a half
houi after being wounded.
EAST RIVER TUNNEL
NEARLY COMPLETED
New York. July 27. The first of
the tunnels under Kast river, connect
ing .New York and Brooklyn, will be
opened for tratllc late In October or
early in November, acco.-ding It an
nouncement by Public Ser. Jim
missioner Kustin today.
IUSSIWS 1 FltTll
N Kill Kit CONSPIRACY
St. Petersburg, July 27. The po
lice today unearthed a plot of assa
nxte the minister of war, General
lioediger. Several of a military or
ganization of the social revolutionist
wert ui rested.
HAYWOOD'S FATE GIVEN
TO JURORS AT
11MB.
Judge Wood Instructed Jury
at Opening Session
of Court This
Morning.
BOTH SIDES WERE
WELL SATISFIED
He Dwelt at Length on "Reason
able Doubt" Question and Ad
missibility of Evidence of
Alleged Accomplice
Harry Orchard.
Boise, Idaho, July 27. Judge Fre
mont Wood today delivered his
charge to the Jury Into whose keep-
Inir waa Divan rha f.lA nt irlninM r,
Haywood, secretary-treasurer of the
nr..- ...... tr. .1 . i ...
. ii r cunruiiuii ui axiners, cnarg
ed with the murder of former Gov
ernor Frank Steunenberg, of Idaho.
He gave the 1urv the. nhnlxa f ik-.
ei uicia. jiuruer in me nrst de
gree, murder In the second degree.
voluntary manslaughter. Involuntary
manslaughter and not guilty.
n ' ' ' u.i.w ItrilBlll Ull
laws of conspiracy and the value of
me eviuence given Dy an accomplice.
Tha phiinra u.-aa mvi.a.I V. . . I. . 1 1.
....... ..w ai.)a.aucu UJ UUbil
sides as eminently fair, if anything.
it was one consensus or opinion that
the court leaned to the defense.
Judge Wood completed his charge
at 10:59 o'clock. The court room
was cleared at 11 and at 11:04 the
Jury retired, A recess until 2 p. m.
was then taken.
Won't Consider Adams.
Judge Wood at the outset thanked
the Jurors for "the attentive manner"
In which they performed their duly.
He instructed the Jury not to con
sider evidence bearing on the con
nection of Steve Adams with the
crimes committed in northern Idaho,
and the evidence Introduced by the
defense regarding th deportations iu
Colorado, and the- employment of
finserton detectives oy the mni
owners, on the ground that no proper
connection wiln th case on trial had
been , made In either case.
Ileyond I Seasonable Doubt.
After quoting and explaining the In
dictment on which Haywood waa ar
retted, Judge Wood said:
"The court instructs the Jury that
under the law, no Jury should con
vict a citizen of any crime simply be
cause there is a strong reason to be
lieve that he Is guilty, but before the
Jury can lawfully convict, they must
be convinced of the defendant's guilt
beyond all reasonable doubt. If it
Is possible for you to reconcile the
facts In this case on any reasonable
theory consistent with Innocence of
tne derendant, It Is your duty to do
so and find the defendant not guilty."
IMdciuv i:cludcd.
After Instructing the Jury that the
proof of other crimes than the mur
der of Governor Steunenberg had
been admitted only for the purpose
of showing conspiracy to accomplish
certain objects, Judge Wood con
tinued: "It makes no difference, however,
In this case what crimes have been
committed In Colorado, in Coeur
D Alenes or elsew here, or who Is re
sponsible for the commission of such
crimes, If any there be. but the de
fendant cannot be convicted unless
the state has established beyond a
reasonable doubt that he is guilty of
the felonious killing of Frank Steun
enberg."
Nature of t'onsnlraov.
Judge Wood explained the nature
or the proofs necessary to establish
the charge of conspiracy and said:
"It Is not essential to the forma
tion- of a conspiracy that there
should be a formal agreement be
tween the parties to do the act charg
ed. It Is suflicient If the minds of
the parties meet understanding so
as to bring about an intelligent and
deliberate agreement to do such acts,
or commit the crimes charged, al
though the agreement be not mani
fested by any formal words."
"If you believe, in this case, from
the evidence beyond a reasonable
doubt that the defendant aided, abet
ted, advised and encouraged the kill
ing of Frank Steunenberg, then the
defendant is guilty, and It would be
immaterial whether he was actually
present at the tlmo of the killing or
not."
Testimony of Ai-compllco.
"The la,w views with distrust the
testimony of an accomplice on ac
count of the motive he may have for
laying the responsibility for his crime
upon another, when, by so doing, he
may secure Immunity for his own
participation in the crime charged.
For this reason the law exacts cor
roboration, and although the Jury
may believe that the testimony of
the accomplice Is true, Btill the Jury
could not convict the defendant on
such testimony unless they further
find that the testimony of the accom
plice Is corroborated by other and
in de pen den t evidence."
ornilxmuhc I , iilcncu Xivwjiry.
"This corrolior.it i e evidence need
not bo suflicient of Itself to establish
the guilt of the defendant, but it
must tend in some degree to Impli
cate and connect the defendant with
the commission . f the crime charg
ed. "In order to ascertain whether or
not the le slim my of an accomplice is
corroborated as the law provides ;'.
must be, before conviction would be
warranted, you should eliminate from
the case, the evidence of the accom
plice, and examine the evidence of
the other witnesses with a view to
ascertaining If there be evidence
tending to connect the defendant
with tae offense. If there Is, the ac
(Coat. mull ou Tugo l ive.)
Orchard, Principal Witness vgair"'
William Haywoias' Trial
JS , - ... ' - v. - - ' I
Mini Whose TcHtlmony Wan 1 tolled l'xn
KAISER'S FOURTH SOU
ENGAGED TO A
August William Will Marry
Alexandria of Schleswlg
Holsteln. V'f'1'.'
BOTH YOUNG PEOPLE
POPULAR IN GERMANY
Ilerlin. July 27. The most recent
royal engagement In Europe an
nounced Is that of the German em
peror's fourth son. Prince August
William, who Is to marry Princess
Alexander of Schlesw Ig-Holsteln
(Olucksburg branch), the princess'
mother belonging to tin Auguesten-
fT
AlGTHT AM) AI.KXANDIIA.
burg or senior line. The prince was
born Jan. 26, 18k7, while his liancee
was born April 21. 1887.
Prince August William, while not
the crown prince by several degrees,
Is one of the beat liked young mem
bers of the royal family. He Inherits
his father's Impulsive disposition in
a great degree, but without the par
ent's energetic disregard of the per
sonal feelings of others. On the con
trary, the young prince Is one of the
most kindly disposed of young Ger
mans. The wedding will be one of the
most royal affairs ever witnessed, de
sirite objections from both the con
tracting parties, who prefer a quiet
ceremony, without undue oatensaiion.
SENATOR-PETTUS OF
ALABAMA DYING
New Yoik, July 27. V telegram
from Hot Springs, N. C received
here today, states that United States
Senator Kdmund W. Pettus. of Ala
bama. Is dying. lie became uncon
scious at the breakfast table yester
day and has since remained uncon
scious. Physicians pronounce bis case
hopeless and ay the end may come
at any moment.
l.iilTIMI II vrn.Ksiui
si 1 1 i..ni i i.i.y i. i cni:i
Portsmouth. Kngland, July 27.
The battleship itellerophoii, another
of the Drt-udnuught class with a ton
nage of ls.oou, was launched here
this aflvruoou.
XSSMBS
by Protiecutlon to Prove Conspiracy.
H
I. CLAY PIERCE WILL
BE TRIED FOR
Gov. Campbell Tells Texans
That He Will Force
Trial.
EXECUTIVE READY
TO BEGIN ACTION
, wins t-oini, uex., July 27. In a
speech before ten thousand farmers
here yesterday. Governor Campbell
declared:
"If a horse thief gets Into another
state, I can Issue a requisition and
bring him back, but to secure the
return of a trust magnate charged
with perjury. It Is necessary to em
ploy a lawyer to get him back, and
1 will spend every dollar the people
will let me to make Henry Clay
Pierce come back to Texas and make
him stand trial."
The governor said that the Texas
anti-trust laws, severe as they are,
are not severe enough. He will not
seek to repeal any of them.
SCRAP AGAIN
Siezure of Salvadorean Com
mandante's Boat Is
Present Cause.
San Kranclsco, Cal., July 27. The
steamer City of Panama, which ar
rived from Ancoii yesterday, brought
news that when the stusmur left
Acajutla three weeks ago, the repub
lics of Nicuragua and Salvador were
on the brink of war. President SJe
laya, of Nicaragua, had gj-en orders
for three gunboats to proceed from
Corlnto to Acajutla in Salvador, and
after bombarding that port to land
murines to join Ills army in an at
tack on Salvador City.
President Zelaya refused to restore
the Salvador commandant's boat
which had been seized, and this wa
one of the causes of the renewal of
hostilities.
The I'nited States armored cruiser
Milwaukee and the gunboat York
town were in the bailor at Acajutla,
looking after American Interests.
RETURN TO HOMES
Home. Italy, Juiy 27. ilore than
a thousand liali.iii immigrants, most
ly destitute, have returned to Naples
from America. The reason for ihsdr
iiUimi is that the excessive heat In
terrupted work !n the fluid. and
ii li.e. This Is it believed hre.
Immigration orf'.-Ial here fe.T that
a cessation In the demand fjr un
skilled Itbor in AmerlL'4 has set hi.
PERJURY
ARRESTED EOR KILLI7IG
LOUIS PADILLA
INJ901
Man Supposed to be Benjamin
Lopez Is Held In
Southern1
City.
CRIME COMMITTED
AT LOS PADILLAS
Victim Was Shot Down Near Sa
loon and Slayer Escaped But
Has Constantly Been
Trailed by Ofll
cers Since.
A man has been arrested In th
southern part of the territory who Is
supposed to be Benjamin Lopes, who
killed Lrfiuls Padilla, six years ago
at Las Padlllas In this county. A mes
sage was received at the Bernallll
county sheriff's office late yesterday
afternoon stating that a man, who
answered the description of th al
leged slayer, had been arrested and
iiciiin ucm oy me auinonties to
" pleasure or jsnertn: Arm I Jo.
A meSSAO'p- wah lmmo.1lat-.lv
night by Under Sheriff Heyn gtvlns;
a. uwuiiea aescripuon or Lopes, but
UD to 4 o'clock this, nftornnnn n -
wer had been received and conse
quently tt is not known yet that the
right man has been caught
J lie Killing.
Renlamln lnes kiiiori n k.
named Louis Pnrilllu ntwiut .1. ...
ago at Los Padlllas In this county.
mo crime was one or tne most cold
blooded ever committed In the ter
iiiiuy, .
It seems that Lopes had been ac
cused of stealing, soma cattfo' belong-.
Ing to an uncle of Padilla, and that;
the lad had discovered the theft and
was about to inform his uncle. Tha
boy was the only one who knew
about the theft. Meeting Padilla at
a saloon Lopes walked away from
the place to a distance of about three
hundred yards, with him and Shot
J"i h"-" ? udri Jutlc ever since In
spite of al nffortg i(t ftpprehend
Chaslne Clues.
For the 'ast eight months the sher
iff of this county has been chasing
down one clue after another and now
It is supposed that the man has been
caught. At Intervals In all the time
since the disappearance of Lopes,
false clues have been followed. Word
has been received from different
parts of the southwest that the fugi
tive had been seen on various occa
sions, but never was the man caught.
It was either discovered that an In
nocent party had been suspected or
that the man disappeared before he
could be captured.
Hut few other criminals In the ter
ritory hnve led the police such a
chase as has Lopez. In the capture
of the man now held for identifica
tion the tlOliCA nf All .Vtf H.vtnA
cities have rendered valuable assist-
mice. ine man unaer arrest is
known by another name than Lopes
but It Is supposed that this Is an as
sumed name. He has lived in the
place several years and his arrest
was due to Information Imparted by
one who was an intimate acquaint
ance. I'ntll It Is learned positively that
the right man has been captured the
authorities will not give out the
name of the prisoner or the place
where he was caught.
In the event of the prisoner prov
ing to be Itenjamlu Ixipez, a deputy
sheriff will Immediately go after him
und bring him to Albuquerque, where
he will have to stand trial on the
charge of murder und also cattle
stealing.
OPKXIXO MANY XKW
-MIXKS AT CEKIULLOfi.
Ccrrlllos. N. M July 27. (Smvui1.)
A number of new mining prospects
are being opened up near this place.
The old "Cash Entry mine," which
has been idle for 12 years. Is being
re-opened. The mine is considered
one of the richest In New Mexico.
The company has been reorganized
and the mine will be operated on a
large scale.
HIDE DAUGHIERS OF
MAIilLL IN CLINTON
Clinton, III.. July 27. Margaret
Maglll, the 17-year-old daughter of
Fred H. Maglll, reported missing In
California. Is now hidden In Illinois,
nenr Clinton. She gave out a state
ment today through her father's law
yers declaring Maglll and his bride,
Kay Graham Magill, did not murder
her mother, Mrs. Pet Maglll, but that
the latter committed suicide.
DOCK WORKERS WILL
REMAIN ON STRIKE
Uulutli. Minn.. July 27. All hope
of mi immediate settlement of rtie '
dock workers' strike here appears to
be at end. At a meetings of the strik
ers today Mayor Cullom read the an
swer of the I'nited Slates Steel cor-,
poiation officials to the communica
tion of the strikers.
The company leftists to treat with
the men as u union and asks the men
to go tack at the old seile of wug.-s
und on "the open shop" plan.
A-ph) iaicil by lias.
Pueblo. Colo., July 27. William
M. Gray, employed ut blast furnacw
D at the fteel words, was asphyxiated,
by poisonous u ,ivj '.jujy.