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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.