Santa Fe new Mexican. [volume], June 14, 1907, Image 1

About Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951

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SANTA
3
N
EWME
XICAN
VOL. 44.
SANTA FE, NEW MEXICO, FRIDAY JUNE 14, 1907.
NO. 103.
1 : r
I
5
hnhni
orchard's story
FAKE SPECIALS
ARE LAUGHED AT
Breen Enjoys Good Reputation His
Testimony Not Shaken By
Cross-Examination.
State Begins Work
of Strengthening
Its Case
DEFENSE
To Testimony of Certain
Witnesses-Plot of Pinker
tons Says Darrow.
Boise, Idaho, June 14. After having
been on the stand for thirty-two
hours, during which time he was sub
jected to one of the most grilling
cross-exariiinatlons in the history of
a criminal tnai, nsnj wimm,
ft is the concensus of opinion among
Santa Fe business men and citizens
generally after reading the affidavit
sworn to by Timothy Breen, former
cell house captain at the Territorial
penitentiary and an old resident of
this city, in which grave charges of
savage cruelty and strenuous torture
are made against the management of
the Territorial penitentiary under Su
perintendent Trelford, that these are
true and that the occurrence has hap
pened as detailed by Mr. Breen. Sev
eral leading citizens who were seen
by an attache of the New Mexican
upon this subject stated that they had
known Breen for many years and that
he had proved himself during these
years honest and a man of good re
pute. They characterize the state
ments which appeared in Macpher
sons Albuquerque Morning Coyote in
today's issue concerning Breen's un
reliability, the strictures made by the
Covote Journal against Acting Gover
nor Rayuolds and the idea advanced
chief witness for the state in the case
against W. D. Haywood, charged with L tl)at sheet tliat superintendent
the murder of ex-bovcrnor steuuui- Trefor(j js a genuine saint, probably
berg, left the stand yesterday alter- something u,10n tne ovder of ex-Gov-
i 11. 1 ! Anl to T1
noon, ur-cnaru s trying uiuca io
over, however, as he will be re-called
by both the. state and defense.
The first witness called when the
trial was resumed today was L. B.
Gutbinni,' the San Francisco grocery
man, who introduced' Harry Orchard,
then known as "Barry," to the ser
vants of the Bradley household. In
the course of his testimony Guibinni
said that Orchard hung around his
store a great deal and spent consid
erable money. He said that lie con
tinually asked questions about
It
SEMINAL
tic
E
IN PENITENTIARY lESliTII
Dr. David Knapp, Former Prison Physi
cian, on StandTells of Convict
Being Strung up Four and One Half
Days After Ordered Taken Down
Was Morphine Fiend and Had Bad
Heart.
SCHM1TZ CONVICTED
MUST GO TO JAIL
Appication of His Attorneys for Bail
Pending Sentence by Court is De
nied by Judge Dunne.
NICARAGUA AND
SALVADOR Al WAR
ernor Haserman, as being humbug
and as being pure moonshine,
Nearly all the business men in this
city know Mr. Breen and know him
favorably. There is not one of them
who believes what 'Mr. Breen sets forth
is untrue, but what he said in his af
fidavit or in his testimony is true.
The story that appeared In the Albu
querque Morning Coyote and which it
is alleged was telegraphed from Santa
Fe, is characterized as a He and false-
the hood and the correspondent as a true
Bradley household and finally asked son or anamas.
to be introduced to the servants. He The investigation is fairly and hem-
also asked Guibarini to get him a estly conducted and the defendant is
room in the neighborhood. In closing given ample facilities for defense,
nnihniini said that he saw Orchard The people of this city are well
moving into the neighborhood the pleased that this -cruel and inhuman
More sensational evidence was dis
closed today relative to cruel treat
ment of convicts at the Territorial
penitentiary which has been counten
anced by Superintendent Arthur Tiel
ford. Attorney General Prlchard re
sumed the investigation this afternoon
at 2 o'clock when Dr. David Knapp of
this city, who was formerly the prison
physician, was placed upon the wit
ness stand.
Dr. Knapp told of the case of a con
vict, who had been "strung up" in one
of the cells, and who was punished in
that way even after he had ordered
the man taken down. He stated that
he examined the convict and found
the latter to be In poor physical con
dition, whereupon he gave instructions
to have the punishment discontinued.
The doctor said he feared that If the
unishment was continued the convict
was liable to die because of the fact
that the prisoner had a weak heart.
Notwithstanding his orders, the physi
cian declared that the convict was not
taken down until four and one-half
days later.
night before the Bradley house was
dynamited.
Darrow Scores Point for Defense.
The defense renewed its tactics of
treatment at the Territorial peniten
tiary has been uncovered and hope the
investigation will be a prone to me
very bottom and will not be given up
yesterday by moving to strike out until it is estatmsnea wiunue u, am
all the testimony of Guibannl as not the charges are true. The lies and
,.iio- Hnva-nnrt wllh the offense fake stories which appear in the Jour-
Phuprai. Thfl motion was overruled, nal in treating this question will have
On cross-examination by Darrow the no affect.
Breen stood the examination first
class never becoming confused and
did not show any chagrin at the
mipstlons' and cross-examination
bv R. H. Hanna. Trelford's ' attor
ney. He kept his self-possession and
strengthened the points given in his
affidavit in every instance. Breen is
a plain, sensible man and no lawyer,
but he certainly worsted Trelford's at
torney in great shape.
Several merchants told the reporter
of the New Mexican concerning Breen
that he had traded with them for
manv years, that they had always
found him straight, that he paid his
noommi-o rnirnlarlv and had never
heard him accused of tinrel lability
or dishonesty. This, of course, makes
no difference to the liar who supplies
the Morning Coyote with taite stones
nnri who will keen it up as long as
there is boodle in it for him. This
is too well known In Santa Fe to need
nnv extended discussion or consider
ation.
witness testified that detectives nau
told him he had come to Boise to
testify for the ' state and gave him
$200 o cover the expenses of the trip,
$200 to cover the expenses of the trip.
Postoffice Records Corroborate Or
chard's Story.
Postmaster McClaughry of San
Francisco, California, was the next
witness. : He produced the regis
try records of the San Francisco post
office which showed a receipt for a
registered letter daWl August 13th,
1904. The envelope was postmarked
"Denver, August 10th, 1904." The
records showing the delivery of the
letter from J. Wolff to John Demp
sey were admitted in evidence over
the protests of the defense. Orchard
had previously testified that he was
going hy the- name of John Dempsey
and that Pettibone used the name of
Wolff.
iFrank Isaac, registry clerk in the
San Francisco postoffice further iden
tified the records produced in evi
dence. Miss Pearl Moore, substitute
clerk in the registry division of the
Denver postoffice, identified the entry
she wrote which showed a receipt for
the letter from J. Wolff, 1725 Stout
Street, Denver, Colorado, addressed
to J. Dempsey, San Francisco. This
Stout Street number was the Petti-
bone's store.
Blowing Up of Vindicator Mine.
The next witness was Clarence L.
Harrah, who worked on the cage in
the Vindicator mine in 1903 at the
time Orchard said he and a com
panion went down into the mine to
set off a car load of powder they had
discovered. They were seen foy the
cageman but drove him back by
shooting at him. Harrah told on the
stand of having discovered a man in
one of the tunnels ahd being shot at.
He said he saw only one man. The
rnss-Pvftminatlon of this witness was
not concluded when the noon recess prom Enforcing Statute
WThea defense did but little cross-ex- Circuit Judge Orders Rail
amlnlng during the morning session
today and contented Itself with a gen
eral objection to all the testimony
offered, showing that it was Pinker-
tnn men who arranged ior tne at-
MISSOURI
COURTS
I
OPEN
CONFLICT
Q. Did you have an occasion to
make an examination of his condition
this second visit
A. Yes. I examined him agai .
Q. For what purposo?
A. To see what condition he war
in physically.
Q. What condftion dl you find
him in?
A. About the same as the first time
only he was perhaps a little weaker.
His pulse was a little more erratic.
Q. This was the second visit?
A. This was the second visit, yes.
Q. Now, after this second exami
nation did you do anything with ref
erence to ordering him down?
A. I ordered him down again.
Q. State in this connection how
you ordered him down?
A. By a written note.
Q. To whom was. that note ad-
dessed?
A. Captain Trelford.
Q. The superintendent of the peni
tentiary. (With a nod.)
A. The superintendent of the peni
tentiary.
Sau Francisco, June 14. Mayor
Eugene Schniitz, convicted last night
by a jury for the crime of extortion,
asked Judge Dunne today to release
bim on bail until sentence Is pro
nounced on Thursday, June 27. The
court said that the mayor, like any
other convicted criminal, should be
locked up In jail and denied bail.
According to a statement made today
by Acting District Attorney Heney,
Schmitz, upon being convicted of the
crime charged against him, becomes
mayor in name only. He could not be
ousted until his conviction was con
firmed by the higher court and his
term might expire before that decision
could be reached. While he is In
prison, should he be sent there, the
Board of Supervisors will select one
of their own number to act as mayor.
Conflict in Central
America Breaks
Out Afresh
ALL DUE 10
Of President Zellaya in Poli
tics of Latter Republic
Armies Active.
LAND GRAFTER
SECURES $51,000
Assaulted and Robbed Unsuspecting
Woman Caught Soon After
Theft.
C Ti!H vrin Vt aim nnu naroftn a 1 rirt.
Dr. Knapp was the only witness ex- ference the surmtenflent at
that time?
A. I think I laid It on his desk and
amined at the investigation today and
he was on the stand for about three
cmarters of an hour. The official
probing into the charges or mistreat
ment of convict will be resumed to
morrow, when it is expected that the
tPRtlmonv of two more witnesses will
be taken,
Dr. Knapp's Testimony.
Vnn- win at were vour duties a3 a
nhvsiclan connected with the Institu
tion ?" innuired Attorney, lienevai
Prichanl after the witness had, $.ate-i
Ma ntvme. and answered other--- V;
functory questions.
"To take care of sick convicts,
was the reply.
Q. Do you remember whether on
any particular occasion it became
necessary for you to administer to
the sickness of a convict hy the name
of Bailey Brown?
A. I do.
Q. When was that?
. i npar as I can remember it
was in May, 1906.
Q. Did you visit the convict with
reference to this sickness you speak
of?
A. The man that 1 have reference
to was undergoing punishment.
O. You can make any statement
vou want to.
A. This man was a morphine fiend
and he was not in good physical con
dition naturally. He was undergoing
nunishment. I ordered him down be
cause he had a weak heart and inter
mittent pulse which was running be
tween forty and fifty. I thought he
hnri been nunished as much as he
.San Antonio, Texas, June 14.
Charged with assaulting and robbing
Mrs. Sallie Gibbons of Columbia,
South Carolina, of $51,000, Rufus Will
iams last night confessed to the crime
in jail here. He was caught, yester
day on an east bound Southern Pacific
train on his way to New Orleans.
Mrs. Gibbons and Williams arrived
in the city yesterday from the east,
the former coming here tor tne pur
pose of investing in lands. She had
on her person $51,000 in cash.
Williams obtained a vehicle and
suggested a drive Into the woods. Mrs.
Gibbons consented and while on the
drive she was struck on the head and
an attempt made to drown her. She
was also relieved of all her money by
Williams.
Washington, June 14. What amounts
to an actual declaration of war be
tween Nicaragua and Salvador was
contained in the reply of President
Zellaya to an Inquiry from Washington
as to his connection with the recent at
tack upon and capture of Acajutla.
The answer came in the shape of a
cablegram from American Consul Gen
eral Olivares at Managua. This cable
gram read:
J"l am officially Informed that in ac
cordance with the Central American
Union plan, President Zellaya has dis
patched munitions of war and troops
to aid General Alfrara, who is a pop
ular candidate for President of Salva
dor. President Figueroa bitterly op
posed the union Idea."
DEFEAT MOTION TO
EXCLUDE REPORTERS
Heated Debate in Miners' Convention
at Denver Between Friends and
Enemies of the Press.
called his attention to it.
Q. Where was that?
A. In his office in the front room.
Q. Do you remember whether any
thing was said by the superintendent?
A. No.
Q. Very well, now did you see this
convict after that time?
k. After the Jour day,.?
Q. This is the second time.
A. When I went back again he was
up four and ora-half days after I had
ordered him taken down the first time.
The next time I came back, why he
wasn't there.
Q. lie wasn't there?
A. No.
n Ynn snv he was un four and
-Ui. - w ,r
one-half days after you had ordered
him down?
A. Yes.
n Affpr von had ordered him
down the first time?
A. Yes.
Q. How long was he up there after
you nau oiuereu nun uuwu
ond time?
A. Probably two and one-hair days,
O. Now. did you have any conver
sation with any employe of the iirti-
tution after you had ordered him down
the second time other than the super
intendent of the penitentiary?
A. Yes I spoke to Mr. Garrett.
Feared Man Would Die.
Interrogated further regarding the
physical condition or tne convict
Rrown. and his reasons ior oraenu
RAMIREZ INDICTED
FOR MURDER
Man Who Shot Manuel Valenzueia to
Death at San Antonio Last Week
to Have Speedy Trial.
Special to the New Mexican.
Socorro, June 14. Komaiao na-
mirez. who shot and killed Manuei
Valenzueia, at Saa Antonio, a few
, . , . t ... i.1
days ago, has been inaictea y uie
grand jury now in session here and
his case will be taken up and tnea
during the coming week.
iSo far not much business of im
portance has been transacted at the
present session of the court, but many
minor cases have been disposed oi.
Many improvements are going on
in this city. The mining industry in
the Kelly and Magdalena districts is
on the top wave which fact helps the
business men and the trade of Socor-
vn rrrarlv. as all supplies for the
camn are handled from here and all
the ores mined there are shipped
north and east through Socorro.
CRISIS
Over Ruling Re
garding New Rate
Law
U,S. COURT ENJOINS STATE
roads to Obey.
m ofnnrt On rriv nnnpnvance two tho man relieved irom tuiuiei yum
days afterwards he was still up. I ment, Dr. Knapp stated that he feared
nrrnto nr, nrfier orflfivinB- him down tho man was liable to die at any time
and when I returned again two days as Brown was a morphine fiend and
aftfu-wiirds hfl was still un There was hart a. had heart
no attention paid to any of my orders. Asked what was in the note, he said
Q. State what you mean by his be- that it was simply an order to me u-
ing up. perintendent instructing m
A. He was strung up to a door. have the convict taken down, ne
Q. Where was he strung up? said that his orders In regard to the
A. Right in one of the cells. I health of the convicts had always been
think it was the last cell In the left
state.
Kansas City, Mo., June 14.-On ap
nlieatkm of Attorney General Hadley:
tendance of all the witnesses for the Judge Parks In the Circuit 'Court this
morn ins issued orders upon represen
tatives of eighteen of the principal
railroads operating in Missouri, com
pelling them to obey the two cents
per mile fare rate and maximum
freight law which went Into effect at
midnight. This order mav bring the
Circuit Court into conflict with the
United 'States District Court hefore
which the railroads are suing for an
injunction to prevent the state offi
cials from enforcing the new rate law
Rulings of Courts Conflict.
When the case of the railroads was
called before United. -States Judge
McPherson today he ordered it post
poned until tomorrow. Meantime, the
ALLEGED TRAIN
ROBBER IN CUSTODY
Deputy Sheriff Reaches Buffalo, Wy.
oming, in Charge of Desperate
Character.
Cheyenne, Wyo., June 14. A special
to the Tribune from Buffalo, Wyom
ing, says that Deputy Sheriff 'Mos
bern has arrived there with a pris
oner, said to he a Montana train rob
hpr and horse thief, whose corn-
lower tier.
obeyed.
He stated that he lett tne uui.e
PARLIAMEH
1
Stolypin Demands
Exclusion of So
cial Democrats
the time.
Attorney R. H. Hanna, who was
present as counsel for Captain Trel
ford asked the witness but few ques
tions upon cross-examination.
Attm-nev Hanna wanted to know
how many times Dr. Knapp had been
r tvo tUa. otiftiria thnf Trnlfnrrt R nea r aim ihiumiu
he was in when you first visited himT the superintendent oi us
A. Yes.
Q. When you first visited him did
- J J.1 a u n
vnn mane any examination ui me
man?
A. Yes.
Q. What examination did you make
of him?
A. I examined his heart and inter
nal condition. . v
Q. What conclusion did you come
to as to his condition?
A. I found he was very weak as I
say he had intermittent pulse, skipped
beats occasionally and was weak.
Q. What did you do, if anything,
in pursuance of that examination?
A. I ordered him down.
Q. Why did you order him down,
doctor?
A. I thought his physical condition
LIKELY 10 REJECT DEMAND
Unless Order is Complied
With Session Will Adjourn
Situation Serious.
Denver, Colo., June 14 At the
morning session of the convention of
the Western Federation of Miners to
day some of the delegates made a
complaint regarding the reports in the
local newspapers of yesterday's meet
ing and a motion was made to exclude
the reporters. This was defeated af
ter a spirited debate.
John C. O'Neill, editor of the Min
ers' Magazine, the official organ of the
Federation, read his report in which
he attacked the Industrial Workers of
the World and that portion of the So
cialist Ibor Party of New York,
headed by Deleon. This will form the
basis of the fight against the alliance
between the Western Federation and
Industrial Workers of the World.
O'Neill also defended himself
against the attack made ononis con
duct of the Miners' Magazine, secre
tary Kirwan announced that he bad
received a telegram from Boise ana
was to leave for there tomorrow
night.
SUES FOR ALLEGED
FALSE IMPRISONMENT
Mrs. Emilia A. de Atencio ot una,
Colorado, Seeks Damages From
Justice of Peace.
Tn a suit, filed today in the' district
court of Rio Arriba County, Mrs. Emi
lia A. de Atencio of Ortiz, Colorado,
seeks damages to the amount of $1,000
for alleged false imprisonment from
Victoriano Lovato, a justice of the
peace of Rio Arriba County. Attorney
Benjamin M. Read, of this city, has
been retained as counsel for the plaintiff.
Mrs Atencio, as stated in tne com
plaint, was arrested for an alleged
assault with words and fined $15 and
costs. Not satisfied with the decision
she applied for an appeal, it is claimed,
which was denied and she was taken
to Tierra Amarilla where she was con
fined in jail one day before being re
leased on bond.
St. Petersburg, June 14. Premier
Stolypin today demanded that the
Lower House of Parliament exclude
in thp habit oi vi&iung uie iicun. rom me nouse an inemucis i mo -,
taction, numnenng i ison
NITROGEN TO
ENRICH LAND
Science Will Enable Farmer to Har
ness the Air Says Edison Elec
tricity From Coal.
Hnrv in his professional capacity as ciai Democrats
a physician. Dr. Knapp replied that
he went there four times a week.
LONGSHOREMEN
CALL OFF STRIKE
Pathetic Scene at Meeting of Mem
bers When Fight is Declared Off
12,000 Back at Work.
(New York. June 14. There was a
was in such shape that the punish-1 pathetic scene at the meeting of the
ment would De dangerous iu
health.
Q. Now when was it that you next
visited this convict?
panion was killed recently near Sherl
jon latino trvin? to eacane from the
Th nrlsoner. who gave his court said, his order of yesterday re
mft . Price, was caotured at a straining the state officials from en-
w .omr, whpre he stoDned for pro- forcing the acts In question
muwp r - - -
would
visions.
continue in effect.
Two days afterwards. '
Where did you find him on that
A.
Q.
day?
A.
Q.
place?
A. The same place
fifty-five and sanction the arrest of six
teen of their leaders on a charge of
entering into a conspiracy to over
throw the government and establish a
Democratic republic. The premier an
nounced that unless the House im
mediately yielded, Parliament would
be dissolved.
The press and public galleries were
cleared, the police took possession of
the Parliament building and the House
went Into secret session to debate the
question raised by the premier. It is
considered almost certain that the de
mand will be rejected.
When the session of the lower
He was still strung up.
In the same place or in another
ir.vKroiinrc.mon whnsR strike lor in
lUU6""Vivvu "
creased nay was declared off yester
day. Patrick Connors, leader of the
ntr.urara wptit wtiAn comnelled to ac-;
bnn,vio,ir(. that, hi men were beaten. House was resumed this afternoon the
rm. 1,11 nllt. nlinorfl ffir Con- Pnn cHhiHnnal Dfimorrats and Poles
l I1C UCM L lailg Tt 1 IU vuvv. WwMi..vv.w
nors who. many of the strikers de- decided to refer the governments de-
ninrod hnd madfl a eood fight. More mand for the exclusion of certain
than twelve thousand of the original Democrats to a committee, which was
twenty thousand strikers returned to virtually a-rejection of the premier's
their old places today, ultimatum
New York, uJie 14. Thomas A. Bd-
auoted in an Interview today
as predicting before long that science
will enable thefarmer to enricn
lands by means of nitrogen from the
air Experiments in Norway along
this line, he said, are showing good
results. .
"Another scientific discovery which
I expect to see before I die," he said,
"Is the direct generation of electricity
from coal."
SECRETARY TAFT IS
TAKEN SUDDENLY ILL
St. Paul, Minn., June 14. Secretary
of War Taft was taken suddenly ill at
Fort Snelling at noon today and fell
in a faint while witnessing a review
of the troops. He was Brought to this
city and taken to the home of J. S.
Hill. Ptomaine poisoning Is suspected
as the cause as he was very sick at.
his stomach.
J Y V 1
- V 4 i.