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y'.-V ' 'A " ' 1 ANTA FE Nfrw MEXICAN VOL. 44. SANTA FE, NEW MEXICO, MONDAY JUNE 24, 1907, NO. 111. WW OUTLINES H&JMERK Members of West ern Federation Not Angels A It Has Had a Troublous Career Owing to War Made on It By Enemies. Doiae, Idaho, June 24. A great crowd gathered this morning in the court room where William D. Hay wood is on trial for murder to hear the speech of Clarence Darrow, chief counsel In outlining the purposes of the defense in comoaung me evi dence put in by the state. Darrow began in a slow, mellow drawl, char acteristic of him, to state the theory and plans of defense. "The state's attorney has told you," said Darrow, "that the murder of Governor Steunenberg was but an incident. They have told you that the Western Federatipn of Miners was an organization whose purpose was to commit murder, to control politics to hire lawyers and to do their crim inal things. Part of this is true, part of It is not true." Darrow then mentioned the fact that State's Attorney Hawley was the first lawyer employed by the Western Federation and that he laid out the plan of organization. "Angels Do Not Work in Mines," "The Western Federation of Min ers," said Darrow, "is an industrial and not a murderous organization. It has from time to time taken a hand in politics but we are not going to nang every organization which has done such a thing. If we did then no corporation would be safe." 7-1,. . I 1 , . ... iuuituw saia inai mere was no claim made that the Western Federa tion was an organization of angels. "Angels do not work in mines," de clared the attorney,' for thi defense, tney are mine owners." Has No Apologies to Make. "We are not here to apologize for anything the Western Federation of Miners has done. It has been a fight ing organization from the first and if It dies it will die a fighting organiza tion. It has had a troublous career, it has been opposed by every device known to the mine owners but it has prospered." Darrow detailed the benefits the or ganization had brought to the miners and said that the Butte. Montana. Union alone has paid more than a mil- linn iTyOlourt i n i 1 . uunoia tu uu wiuows ana or phans of its members. Blames All on Plnkerton Agency. f . . narrow said that as soon as the western feneration was born the mine owners set about to destroy it and employed as its chief means Plnkerton detectives with Chief Mc- JPartland at its head. "We wHl show you," he said, "that they have hired detectives and placed them in positions Of rennnnaihllltv such as secretaries and presidents of local unions, that these hired men ;unsianTiy aavised the miners to strike and that when a strike was on they counselled violence, dynamite ana murder. They did it at Telluride they did it at Cripple Creek and at many other places. We will show that the Plnkerton agency has been the chief factor in this case from the very Beginning. ' Alleges Orchard Is King of Liars, "I do not like to take any bloom off a peach like that, but while we will show that he is not the murderer he hoasts himself to be, we will compen Bate him by proving him to be the most monumental liar that ever ex. isted. Before our first witness takes the stand gentlemen, we will convince VAI1 . flnrf WQ will nnmrltuin TJn.1A. himself, that this man Orchard has lied in the most essential points of his story. We believe we have from twenty-five to thirty witnesses who will take the stand and contradict this man absolutely. Some of these wit nesses wilr be miners, but others will be eminently respectable people who have never done a day's work in their , lives." . - Darrow then took up the career of Haywood, Moyer and Pettibone. He declared that all three were Amer! cans and "plain, honest men." Hay wood, he declared, is a plain, blunt courageous, fighting man, even fight inp the militia, when npressnrv. and fighting for the protection of the wld ows and orphans." "Moyer, as the head of the Western Federation," he said, "fought every conceivable fight as men like' him "born of such stock will always fight.1 : "Pettibone," he said, "was happy! careless, sunny man with laugh and a Jok& for everyone." THREE CYCLONES VISIT KANSAS TOWN One Follows Other Within Few Hours Many Houses Wrecked and a Number Injured. Medicine Lodge. Kan., June 24. Thre distinct tornadoes struck Medi cine Lodge last night, destroying twenty-five houses in the northern part of town. Six persons were in ured seriously, one is missing, but so far as known no lives were lost. The most seriously injured person Is Mrs. May Lyle. She is Injured in ternally and may die. The first tornado struck here short ly after 7 o'clock Sunday evening, de stroying telegraph and telephone wires and cutting off all communication. The second storm approached short ly before midnight and the third early his morning. All three storms came from the northwest and were accompanied by a terrific fall of rain and bail which greatly damaged crops. ECOS RANCHER UNDER ARREST Lyttleton Lewis Accused of Having Shot and Killed Cattle Not His Own. IS IT CONSPIRACY mr II fill? si I is Facts and Figures Before Referee Saf ford in Investigation of Peniten tiary Accounts Strongly Lead to Such Conclusion. Charged with having shot and killed cattle belonging to others, Lyttleton Lewis, who has a small ranch in the upper Pecos region, just across the river in San Miguel County, was ar rested by Lieutenant John W. Collier of the Territorial Mounted Police. Lewis was arraigned before the jus tice oi the peace at Pecos and bound over to await the action of the grand ury. Being' unable to furnish bail which was placed at $!00, Lewis was brought to his city last night and will be turned over to the authorities of San Miguel County. An officer is ex pected to arrive here tonight. Lewis was placed under arrest on informa tion furnished by Anthony Dock- weiler. UNKNOWN MAN STRICKEN ON STREETS OF DUKE CITY. Special to the New Mexican. Albuquerque, N. M., June 24. While walking along First Street here this morning, an aged man whose identity is as yet unknown, suddenly threw up .his hands and sank to the pave ment. He was picked up in an un conscious condition and taken to a local hospital where he lies at 'the point of death. There is nothing on his person to ascertain who he Is or where he Is from. COAST STEAMER SINKS ALL BUT TWO PERISH, Santiago) Chile, June 24. The Pa cific Steam Navigation Company's coasting steamer Santiago, trading be tween Panama and the south coast of South America, has been wrecked in a heavy squall, fifty miles north of Corral. All the crew and passengers except one passenger and one officer, perished. PLEADS E UNWRITTEN LI Killed Man Who Ruined His Daughter A VIRGINIA TRAGEDY Culminates in Trial of Slayer on Charge of Murder Story of Crime. Houston, Virginia, June 24. Em panelling of a jury for the trial of former Judge W. G. Loving for the murder of Theodore Estes, son of Sheriff M. K. Estes, of Nelson Coun ty, began here today. This trial pronv ises to eclipse In sensational Interest the recent McCue and Strothers-By water's case at Culpepper. Judge Loving," armed "with a double-barreled shot gun, shot and instantly killed Es tes, while he was unloading a car of fertilizer in Oak Ridge on April 22d last. The shooting was a sequel to a bug gy ride taken on the evening prior to the homicide by young Estes with Elizabeth Lovlrig, the 19-year-old daughter of Judge Loving. The girl when brought home, it developed, had been drinking and It is alleged her escort had maltreated her. Acting un der the Impulse that his daughter had been drugged and asaulted, Judge Loving immediately searched out Es tes and killed him The plea of the defense will be emo Was there a conspiracy to ruin H. 0. Bursum former superintendent of the Territorial penitentiary and chair man of the Republican Territorial Central Committee, officially, person ally and in business, to blacken his reputation and good name and to place him before the people of tho Ter ritory as an embezzler and as a man recreant to the public trust reposed in him, by Territorial officials, by the Albuquerque Morning Journal and other yellow sheets in their pay and a few New Mexico fake reformers? - In view of recent investigations and events connected with the case of H. 0. Bursum vs. the Territory of New Mexico pending in the Third Ju dicial District Court for the county of Socorro in which Mr. Bursum peti tioned for a full judiciary investiga tion into the accounts and financial transactions of the Territorial prison during the term for which he was Its superintendent and in which case Traveling Auditor Charles V. Saf ford is the referee, the opinion is gaining ground that there was a- cowardly and infamous conspiracy against Mr. Bursum and with a view to discredit him in every possible way and present him to the people as an embezzler and as a boodler. Expert's Report Full of Errors. While but .little has been ascer tained so far concerning the official investigation, which has been In pro gress before Referee -Safford for some weeks, sufficient has 'been learned to make the plain and unequivocal state ment that numerous errors both on the debit and credit side, arithmetical and otherwise, omissions and clerical inaccuracies have been discovered to prove that the report made by one Francis M. McMahon then secretary of the Colorado Title : and Trust Com pany for and on behalf of the Terri tory and by employment of ex-Gover-nor Herbert J. Hagerman is partially incorrect, partially incomplete and in many items unreliable and not such a document as would establish the crim inality, malfeasance or misfeasance in office of any official. In short, it is not a report that sustains In any man ner the charges made by the Hager man administration against Mr. Bur sum. In this respect more cannot be said until the investigation is finished and the report submitted to the court. Refused to Commit Himself. In the proceedings on Saturday last in which 'Referee Safford endeav ored to procure testimony as to the correctness or incorrectness of cer tain portions of the so-called export's report the following very singular facts were demonstrated: 1st. The expert who, after several months' labor made this report, could not and would not remember anything about it, although one of the copies of the report signed by himself was submitted to him for reference and although one of the carbon copies of the report made by him, but not signed was also ready for inspection by him. The carbon copy submitted to McMahon was the same copy which, by the way, was served on Mr. Bursum a number of weeks after the report was published and which up to the time of this hearing was deemed sufficiently good for ex-Attorney Gen eral Reid to base his demand on Mr. Bursum for the repayment of monies claimed to be due the Territory.. 2d. On Saturday last Referee Saf ford learned of the visit of this ex pert to this city. Mr. 'Safford deemed it proper to call on McMahon and Informed him in the presence of wit nesses that as there were a number of discrepancies, between his, the expert's renort and items both of credit and debit so far ascertained by the ref eree, that he felt it his duty to re quest McMahon to appear before him to make reconcilement if possible between figures and amounts of the referee and those shown in the ex nert's report. This McMahon de clined flatly. Thereupon the referee in performance of his duty and in or der to get all possible testimony for a full and fair investigation and report issued a subpoena for McMahon and compelled him to appear before him. Now, why this reluctance and holding back on the part of Mc Mahon? Why would he not voluntari ly give the testimony requested as nothing but the truth and facts were desired. - . 3d. At the hearing a carbon copy 'of his report wag shown him and that it was not signed by him and without a comparison of a signed copy, he could not say whether it was correct or not. Whereupon the ref eree sent to the Governor's office for the official, signed report, which could not bo found and as a further effort to satisfy the demand of Mr. McMa hon the referee sent to the penitenti ary and secured from Captain Trelford a signed copy which was complete with ,he exception that certain exhib its were not attached. In addition to the reports the referee had also ready for the inspection of Mr. McMahon, all the original books, papers and data used by McMahon in compiling his re port, ' also a portion of the original work of McMahon from which certain exhibits were compiled. With all this data McMahon still refused to testify or even look at or consider any of the data submitted and absolutely re fused to attempt to reconcile any dif ferences with the referee. Strange Loss of Memory. Tt is certainly passing strange that this expert could not even remember the amount of money paid him for his services to the Colorado Title and Trust Company, although he was Its secretary at the time helng and all financial transactions had to pass through his hands. It is also strange that this expert holding the confiden tial position of secretary of the said company could not or would not re member the agreement between ex Governor Hagerman and the company in this matter, when it is a well known fact that a secretary, of any corporation must, perforce, he as well acquainted with its business as the president thereof. W&ere Is the Official Report? thCipfficially signed port iT this' txpert submitted to -6r nor Hagerman and which was the basis for the slanders, the libels, and the falsehoods published by the Albu querque Morning Coyote Journal and other Democratic yellow sheets in New Mexico and which should have been on file In the executive office, not there and in whose possession is it? This report is an important, offi cial document which cost the people of the Territory about $1,250. If it Is in the possession of ex-Governor Ha german it is plain that he had no more right or power to take it with him than he had to take a desk or other property of tho Territory from the executive office. What is behind this and what is the explanation? Tn the investigation by this expert why did ex-Governor Herbert J. Ha german ignore and set aside the re quest of Mr. Bursum to ibe represented by an expert bookkeeper and hy re liable accountants at the investiga tion? This was so fair and just a request that its denial by ex-Governor Hagerman certainly .indicates great hostility to Mr. Bursum and shows that he acted without the least desire to give Mr. Bursum a chance to be heard, to satisfy himself of the cor rectness of the statements hy the ex pert, to give him a fair hearing so as to establish his Innocence or to make settlement of any amounts that might be found justly due to the Territory. Wasn't It a Conspiracy? Again the fact that the original re port of this expert has disappeared from the files of the executive office and that this expert when within the jurisdiction of the referee absolutely declined for most trivial and silly reasons to give testimony which would enable the referee to insure accur acy in the preparation of his report to the court the ajjearance of a lying - and false special dispatch in the Albuquerque Morning Coyote Journal in this matter, cer tainly are more than sufficient to ask, "Was there not a venomous and cow ardly conspiracy in this whole affair and a dastardly attempt for the un doing and destruction of H. 0. Bursum as an official, as a citizen and as a man?" Certainly so far a good deal has appeared to give strong rise to such, opinion and to such belief. When the referee's report shall be published and the Investigation by the referee closed, it is more than likely that this seemly very grounded .suspi cion and opinion may develop into stern and absolute fact. Jap Clark Testifies as to Cruelty and Brutality LOSES IBM POUNDS In One Year's Confinement Convict Forced to Work With Broken Arm. E TO jlfE TERM Olguin Wanted 99 Feet of Rope In stead 99 Years MUROERERINCARCERATEO Prisoners Convicted at Re cent Term of Rio Ar riba Court. Taking of testimony was resumed this afternoon by Attorney General George W. Prlchard in the Investiga tion of charges of inhuman treatment of convicts in the penitentiary filed against Superintendent Arthur Trel ford. Jap L. Clark, who was confined in the prison there as a jail prisoner awaiting trial from February 5, 190f to February 12, 1907, was placed upon the stand and related Instances of abuse to convicts, and also testified as to the poor quality of the food served to inmates of the penal institution. Shovels Coal With Broken Arm. Clark told of a case of a convict named Clarence Hamilton, who had been put to work shoveling coal, who had met with an accident about three months previous ' in which he sus tained a fracture of the right arm. The witness stated that this convict's arm had apparently not yet healed, as it was still kept tightly bandaged. Upon cross-examination later bv At torney R. II. Hanna, counsel for Su perintendent Trelford, Clark stated that Dr. David Knapp who had been treating Hamilton, said the latter would not be able to perform manual labor or use the injured arm for at least six months. Clark testified that he had occasion to examine Hamil ton's injured arm one day in the bath room after he had been compelled to go to work shoveling coal and he said that it appeared to him that it was still broken. Sixteen Days Strung Up in Dark Cell. Another instance was related of punishment of a convict by the name of Claude Doan. Witness said he saw the assistant superintendent Samuel Sarnie taking this; convict Doan to a tlailw cell where t was confined for sixteen days. When Clark saw the prisoner after the latter had been released- from solitary confinement. Doan looked awful poor and seemed awfully weak he said. dark said the convict told him his hands had been chained so high in a dark ceil that it almost broke his back, "He seemed weak. Knight, had to hold him for sup port. It was told they fed him on bread and water and' I saw them tak ing bread and water down to the cell several times." Club to Revive Fainting Negro. Clark told of still another instance of cruelty to a negro convict called Tony. He said he heard wate" thrown one day and asked Knight who had (Continued on Page Eight.) FIVE DIE III Passenger Over takes Freight on Curve tional law." insanity and the "unwritten McMahon asked to identify the same. . The New Mexican Prtnrmg Compan has on hani a large supply of pads and tablet suitable for acbocl work. the desk, and aim for lawyers and merchants; good anywhere We will This he refused to do on the ground sell them at five cents In book form, CARS ARE TELESCOPED Victims Include Crew and Passengers Engineer's Son Crushed in Cab. 'Rochester, N. Y., June 24. Five f persons were instantly killed and a score injured last night on the Au burn branch of the New York Central Railroad one mile east of Pittsford, when a passenger train crashed into a fast freight on a sharp curve at a point known as 'Mitchell's Farm. The smoking car of the passenger was telescoped and three of the fif teen passengers in the car were in stantly killed. The son of Engineer Lyons of the freight, who was in the cab wKh Jiis father, and a brakeraan were the other two killed. The dead are: EMMETT LYONS, aged H years. MILES S. CUTTING, station agent at Railroad Mills. B. H. VROM. BRAKEMAN, name unknown. J. B. MCARTHUR, a bridge fore man. An unidentified man. Seven prisoners aud five of them convicted of murder In the second de. gree were lodged in the Territorial penitentiary Saturday evening by Sheriff Narciso Sanchez and two dep. uties of Rio Arriba County. Four of tho men found Eiiiltv of hamMA were sentenced to terms of ninety- nine years which is equivalent to lif 3 imprisonment. The other man, was given the minimum sentence of five years on account of mitigating cir cumstances connected with his crime. Trinidad Olguin ;md Henry Romero, two of the life terai convicts sent enced at the recent term of the, dis trict court of Rio Arriba County, were convicted of the murder of a man named Archuleta which occurred about three months aso at Chama. Archuleta it will be remembered, was lured from a saloon for the purpose of robbery and was struck over the head with a rock which resulted in hi3 death almost instantly. Olguin and Romero fled but were later ar rested and the latter confessed his part in the crime. When Romero was arraigned he agreed to plead guilty and give the details of the killing and the plot to rob Archuleta if he was let off with a life sentence. Inasmuch as it would have been difficult to have secured a conviction of Olguin without the tes timony of Romero and for the further reason that Romero insisted that he had been an unwilling accomplice the pica of guilty in the second degree, was finally accepted by tho court, and a sentence of ninety-nine years la prison imposed. "' , Begged to Be Hung. Olguin who is the oder .of tl. two men antf has served a term 'in the -penitentiary once before, was tried by : a jury and was found guiltr on the evidence furnished by Romero. Ol guin was also given a sentence of ninety-nine years. Olguin protested his innocence and when he was be fore the court for sentence he begged to be hung rather than sent to the prison for the rest of his natural life. He said he would rather the judge would give him ninety-nine feet of rope than ninety-nine years in the penitentiary but the court was unable to accommodate the prisoner owing to the verdict of the jury. Crecencio Gonzales, who was anoth er of the prisoners sentenced to ninety-nine years Imprisonment was con victed of the murder of his wife which occurred last year at his home In Rio Arriba County. There was no eye witness to the tragedy aside from Gonzales but suspicion pointed strongly to him as being the perpetra tor and he finally confessed. Gon zales is said to have acted peculiarly on the night before the murder was committed and some of the people in his home community are of the opin ion that he was mentally unbalanced at the time. Gonzales had been away from home working for about a year and killed his wife shortly after his return. When arraigned a plea of guilty to murder in the second degree was accepted by the court. Carlos Valdez, who was the fourth man who received a life term in pris on entered a plea of guilty to mur der in the second degree which was accepted. He was arrested for kill ing one man and wounding another while on a drunken debauch lasting four days. The wounded man has since recovered. Valdez Is married and has a wife and five children. Indian Gets Five Years for Murder. Antonio Trujillo who was sentenced to five years in prison for second de gree murder is a Pueblo Indian who killed a fellow tribesman in a -fist fight at Santa Clara. Trujillo offered to plead guilty to murder In the sec ond degree which was accepted. 'Su perintendent Clinton J. Crandall of the U, S. Indian agency nformed 4he court that the Indians had been on a general drunk at the pueblo at the time the killing occurred when sa loons were selling liquor to them in the belief that there was no law un der which the proprietors could be punished after the Territorial Su preme Court had decided the United States law inapplicable to the Pueblo Indians and before the present law forbidding the sale of intoxicants was enacted by the Legislative Assembly. The Indians involved In the fight (Continued on Page Eight)