Newspaper Page Text
ALBUQUERQUE MORNING JOURNAL, By MhII, in advance, U.M lear, r lass a Maatk. 11 larrler. Hte Muatn-; Singla Coplea a. TWENTY-NINTH YEAR ALBUQUERQUE, NEW MEXICO, THURSDAY, DECEMBER 19, 1907 SENSATIONAL ALLEGATIONS r,1ADEBYMRS. GARDEN In Cross Complaint to Suit for Divorce Filed by Her Hus band, James G, Darden, of Albuquerque. BRIEF WEDDED LIFE ENDS INMASSOFGRAVECHARGES Mrs, Darden Charges Wrong ful Disposition of Large Sums of Money Paid by Her to Her Husband Since Their Mar riage in -October, 1906. Sensational u ll'jatl m charging Ira ml and misrepresentation In the disposition of large sums of money al leged to have been given by her to her husband during their wedded life of a little more than u year, and charges of cruel and inhuman treatment ar; contained In a cross-corn plaint which has just been tiled In district court at Lus Crucen. N. M., by Mrs. Fanny Vah Kiper Darden. of New York City, to the suit for divorce tiled recently In I -as Cruce by her husband, James G. Darden, of Albuquerque. The prominence of the parties In Albuquerque and In New York make the suit and the serious allegations contained In the rross-coiiipluiiit of u hum mil Interest. Mr. Darden has made his homo in Albuquerque foi several years past, having spent most of his time here as a resident in the Commercial club. Hit has become prominent in business circles through his I urge transactions in Albuquerque and New Mexico real estate. Mr. Darden. who until October 27, 1VIIB. was Mrs. Fanny V. Van Uiper, Is a woman of large means, connected with one of the most prominent fam ilies In New York and well known mere ana in southern iniiiorina.. where slio has spent much of her time. Humors that Mr. Darden had caused a milt for divorce to be filed in Imm Cruces hail been current here for several days, but the matter had re ceived no more than passing attention until Informal ion was received here yesterday of the tiling of the cross complaint in Ijis Cruces ami of the sensational nature of the allegations made by Mrs. Darden. In his petition for divorce Mr. Darden sets up that lie and the defendant were marrieo about the 27th day of October. 190II. In New York City, and that they lived together until about the month or February. 11)07, that a short time prior to'that dale they were living to gether In Pasadena. Cal., and that the plaintiff found it necessary to come n Albuquerque on business matters, his residenc" having been established here and that the defendant refused to accompany him to New Mexico and has since refused to come here In make her home. He further allege that Mrs. Darden afterward employed attorney in Los Angele to bring still for divorce ngainM him. but that tlii. difficulty was "apparently fixed u and Ihev went buck to New York to gether. where defendant said would be among her friends." made their residence at dill' time In the Hotel Marie Arito; and In the Van Dyke apartment I : ,ey eat elte 'One In Vow Yoik City, and that del not continued to refuse to make llil- ho- it. une wjlh htm in New Mexico, para graph 5 of the complaint sets forth that "Plaintiff further alleges that in said month of July. I.. he left some clothes in the said Van Dyke apart ments with the understanding thai when be wanted them she would send them to him. but that she still refusc.i to come to New Mexico to live vviin him." That they have not lived together as husband and wife since about tln t (il M day of March. 1907. is the final allegation on which plaintiff sets up Ills suil for divorce on the grounds of desertion. Other allegations are mad In the complalni. Attorney W. Ii Cb'.lders. of Albuquerque, appears fm Mr, Darden. M.S.TIO l. M t liiATHlVS s Tin: koss-compi.aixt If the allegations In Mr. Darden' petition are quiet and uninteresting they are inore than made ui for in Interest In the allegations set un in the cross-complaint which has recent ly been tiled In Ijs Cruris as s par: of the answer to Ihe suit tiled by At tornevs Philin J Mritt. of New York City, and A. It. Renehan. of Santa Fe. who ap-e-ar for Mrs. Darden. Mrs. Darden alleges that Immedi sleiv after her marriage she gave her husband a considerable sum of mones to Invesl for her. and in a .losen or more paragraphs sets forth nthee amounts III! II sue him for Investment for her. amount-1 In In a period or less man a year, m Sjn'.nno nr IXft.Onn. and that suc;i sum were misused and that the plaintiff "falsely nd fraudulently Misrepresented and with intent lo feloniously defraud and swindle th; fielendatit" received such lame sums of monev. In cah and by check, a long list of checks ranging In amount from li.O'i to $3 5.0". tteing attached to the cross hiH as exhibits. The further allegation Is made th..t Mr. Harden treated Mrs. Darden with cruelty and raused her physical suf- ferina- and Injured her nervous - em .y such treatment: also that the defendant did not refaw to live In vw "exlcn but that Mr. Darden told tiar ttiat Albuquerque w as n.-l a fit pieee fur her to live in. The defendant in her atturr to lh - M-titli-n for divorce sets u- li-''"'"r and senarste denials p. II allegation." med tsv Mr. Iwrden. d-r.vtnc tr.st in! refnsed to live with him in New Me;-' ieo at nr time, that sh- ever em- ..,,-- Ipsrier in t r .nels lo flic Hit for divorce er that she iefuei T" accompany him from New York Ij Albuquerque. Introducing her cross bill, the plaintiff sets forth the following: 'That at the city of New York on the 13th day of October. 190Í, thu defendant first met plaintiff and at his requests and solicitations agreed to and did marry thin plaintiff on Oc tober 27, 106, and that during the interim between October 13. 19U6. and the date of said marriage, this plain tiff falsely and fraudulently repre sented himself to this defendant to be of reputable character and substan tial means, stating repeatedly to this defendant that he was worth at eat three hundred thousand dollars (J3ÜM.00Ü). when the fact was that ho as in an almost impoverished condi tion financially, and that he was ready, able and willing to summit the defendant In a manner such as sin had been accustomed to living and was befitting to her station in Hie. The defendant saya that these representa tions and other false and fraudulent representations hereinafter enumer ated, were made to this defendant by plaintiff as part of a scheme upon his part to swindle and defraud tills de fendant of her money and property, and which this defendant respectfully states was accomplished by the plain- tin in the manner following: I he complaint then enumerates separate instances in which Mr. Dar den is hi hired to have obtained large J sums of money for Investment for the planum, wnicn il is aiiegou ne in vested and holds In his own name These sums, almost all of which are alleged to have been for Investment in New Mexico and Albuquerque real es tate, and the dates on which they are alleged to have been given, are as follows: On October 25, $5,000, alleged t--have been secured on representation that it would be invested in a profit able proposition In New Mexico. This sum. complaint alleges, was paid tn cash, check having been refused, the complaint continuing "That this de fendant, relying on the false anu fraudulent mlsrepresentattTins of the plaintiff, gave to this plaintiff on oi a ho lit said day the sum of 15.000 In cash, to be Invested for her In this en terprise cash being demanded and a check for said amount being refused by this plaintiff and upon the de livery of said money when she re quested plaintiff to give her receipt therefor tho said plaintiff refused to do so, and this defendant upon In formation and belief says that said In vestment of $5.000 was never made by this plaintiff for her In her name, or for her use and Kenetlt and if made at all was made by this plaintiff for his own use and benefit and In his name or otherwise, with the object of cheating and defrauding this defend ant oí said sum of $5.000, and that said plaintiff feloniously appropriated .,u,i i.f tu hi riven use.' I Then follows the charge that In' about the same way on the 30lh day of October, ISOfi, Mrs. Darden paid her husband the further sum of $12.000 for Investment In New Mexico real estate, the same charge as to its disposition being made. That on the fifth of December. 1906, $1,500 was advanced to be used "in defraying the expenses Incurred by one Kenneth Von ltlper. the son of this defendant, and . . . this de fendant gave to Ihe plaintiff her check . . . on the Hnk-kernncger Trust company, and the proceeds York . . . and said check deposited bv this plaintiff to the credit of his own account In said Knickerbocker trust company, and the proceeds thereof, fraudulently end feloniously appropriated by said plaintiff to his own use and benefit." That on December 31. 190K. Mrs. Darden gave to her husband $.15.000 for investment in New Mexico proper ty at 7 per cent, the saine charges as to disposition being made. This sum. the complaint alleges, was invested by Darden in his own name in the Adams hotel property at Phoenix. That on the ISth day of January. 111(17. "this plaintiff falsely and fraud ulently represented to this defendant that he had overdrawn his account in the Knickerbocker Trust company in the sum of $21.300. and requested this defendant to advance him said sum of nionev for the purpose of making good this overdraft. ... At the time this plaintiff represented to the de fendant that he had overdrawn his account with said Knickerbocker Trust company In said sum of $21. 300. his said account was not over drawn in that sum or any other sum of money whatsoever, anil that his statement to that effect as but a false and fraudulent representation or pretense whereby to deprive and de fraud this defendant of said sum of money and of which sum of money this defendant was defrauded. Paragraph K or 'he complaint sets up that "This defendant further sas that the marrfage aforesaid between tills plaintiff and the defendant was only a part of a false mid fraudulent scheme concocted by this plaintiff for the purpose of depriving this defend- ant of her properly aim not witn a view to establishing a home or the continuance or maintenance of the marital relations between the par ties." the paragraph thereafter charg ing desertion. Paragraph l.-represents that since the marriage the plaintiff has ac quired large properties in sundry places, "all of which he took In his own name and all of which he pur chased and procured with the money so falsely and feloniously obtained frmii the defendant." Paragraph M concludes "That the said defendant Is without remedy save in a e.uirt of equity and unless . the court Intervene by its writs or injurie lion and a receiver, she narahlv Injured because will be Irre the plaintiff will put control the said properties so under out of his hands anil mm those of innocent parties, and the plaintiff Is unable to respond In dam ages commensurate with the sums of money out of which the defendant lias been cheated and defrauded. . . . said plaintiff being worth, as defend ant is informed and believes, in fixed properly not more than ... PKnrr.isniis i.i.i:.M to iiwk MKKN At Qt I KID WITH I I MIS Then follows a schedule of the properties whleh Mrs. Darden al leges her husband has fraudulently acquired with the moneys of the de feiiilanl." This lis! includes what Is known as the Crary property in this city, the delate! property 111 this city, a large block of slixk in an Albi,,uer.ue bank. Interest" in the Onliup Elec tric Light and Poner company. That on April J. i:t.. .vtr I arlen j transferred to Mavnard tiunsui. of 1 j i h ik cllv. lots . 1. II. 1 -. in block , f orKnal townslie of Albu-j j '., ue. "in hi. h defendant is pur-1 ported to hae joined." but hl.h the! jnitwr em that h- Joined, and, ,ial this action s Isken to "defrsut , i ,h defendant out of her property. -j It Is then alleged that this transfer ' I was not a bona fide a,e of the pr"p- i erty to Mr ;unul by Phi den but j (C.Mltil.ue.l Page I. sl. I.) YAQUi RAIDERS MASSACRE MINERS DOZEN MEXICANS SLAIN BY SONORA SAVAGES Only American in Party of Thirteen Escapes With His Life, According to Report Brought to Nogales. Hy Morning Journal gaeelal VnnA Win-1 Nogales, AH.. Dec. 18. Informa tion which has Just reached here tells of the frightful murder of twelve men by a band of one hundred Yaqui In dians forty-five miles southeast of Magdalena, state of Sonora. Mexico, last Wednesday. P. J. Mclntyre and a parly of mining men of this section have arrived from the scene there, they viewed the remains of the mur dered men. The Yaquis captured the party of thirteen men. Among the number was Jose K. Fernandeg, son of the president of the town of Cu curpe. and owner of the mescal plan tation, where the killing occurred. The others were Mexican laborers on the ranch, and some Ca nanea miners looking for work along the Dolo res ervlor. One American was among the num ber, but he was rescued by men who told him that they were Americans. The remaining twelve were stripped naked, stood up against trees and shot through Ihe head. A big band of Ya quis Is reported to be on the war path. Í OFL WESTERN FEDERATION OUT WITH APPEAL Roosevelt Denounced As Pliant Tool of Capitalism; Gover nor of Nevada Referred to as Puppet of Corporations. I By Morning J.mrnal guacia! leased Wire. Denver. Dec. 18. In an address is sued by the executive board of the Western Federation of Miners today, laboring men are urged to rally to the aid of the officers and members of the Western Federation of Miners, charged with the murder of Governor Steunenlierg. of Idaho, and other crimes, and of the Goldfleld miners, who aie on slrike. The address says that the financial stringency was caused by "frenaled financiers" and Is being taken advan tage of to shut down mines in order to destroy miners' unions. Governor Sparks Is referred to as a "puppet" of the mine owners, and the presi dent as the "pliant tool of the capi talistic Interest in Its attempt to crush organized labor." "The mine owners," the address continues, "are determined to re enact the bliMidy scenes of Colorado In Nevada, and It Is our duly to do all In our power to prevent the accom plishment of their hellish designs." President Charles II. Moyer. of the Federation, and (Jeorge A. Pettibone. now on trial at Hoise. ore declared In the address to be "marked out" for slaughter by the cruel, despotic rule of capitalism whose only aim Is to crush the Federation lhat the mine owners 'may ride triumphantly over an outraged, humiliated humanity: that labor may be bound hand and foot and the last vestiges of Amer ican liberty may be summarily anni hilated." MURDERAÑDSUICIDE IN SAN BERNADINO Crajuil Willi .l.ltlonsv. Santa Ma chinist Kills t.irl, TIm-ii Self. San Ilernardlno. Cal.. Dec. 1 1. Oeorge Perry, formerly a Santa Fe machinist at Needles, yesterday shot Miss Myrtle Craig twice through the heart, causing instant death. He then fired two hullet Into his own body, dying an hour lalrr. Jealousy is a.ssjned as the cause of the trag edy. SMALL LOS ANGELES BANK CLOSES DOORS l.os Angeles. Dec. 1. The state bank commissioners this afternoon took charge of the West End bank. small slate Institution, located I i IP" western s.h tion .f the cll-. The b-4tik has deposits of about $33. ana. " ,n assets nf the Institution are said lo be principally notes and other liko s. curfties. Homer K. Tabor is pre dent of the bank, which was orsra'ii. ed about two years ago. The buck was notified by the bank cnmml irt ir. er last meek to Increase its ca ,h re MTi'). but It was unable to comply. INtiiaiKls K-M'Kra 1 Man of TniiK Topeka. Ka.. !c. IS. ,. F. tíra-f-jn. attorney to the state railway board, today filed complaint to the board asking for an order to compel the Missouri Pacific to reinstate pas senger trains on six branch lines In the tat. MINERS PLEAD F OR PUTS CRIMP ÍH TE E AE LIUOR Senator Tillman Introduces Bill Designed to Stop Origi nal Package Industry in Pro hibition States and Sections. HOLIDAY RECESS TO COMMENCE SATURDAY Senate Agrees On Adjournment Until January 6 Gore of Oklahoma Wants Senators Elected By Popular Vote. I By Morning Journal NoMdal leased Wire. Washington, De". Hi. Senator Till man today Introduced the following resolution: '"fhat the committee on interstate commerce be Instructed to consider this report by bill or otherwise, what legislation Is desirable or necessary to enable the slates In the cxerclso of their police power to control the commerce of liquors and all alcoholic beveridgea within their borders, so as to aid the cause of temperance and to prevent the encouragement by the United State government of illicit dealing In the same." Mr. Tillman said his purpose was to prevent circumvention of state pro hibition laws. He said: "The courlH have held that these laws Interfere Willi Interstate com merce. On this account I ask this In vestigation." Mr. Tillman said the expresa com panies are Hooding local option south ern stutes with whiskey from other states "C O. D." and the suprcm court of the I'nited States bail helct that such traffic cannot be Interfere.: with because of lis Interstate char acter. He said his resolution sought to dellne the point at which the police power of the mite begins and deter mine how far i raeess can go in lim iting the controf over interstate liatllc in Intoxicating beverages. A general discussion concerning the powers of states and of the federa: government was precipitated. Mr. Knox suggested that the whole difficulty could be reached through it bill. "Draw one." said Mr. Tillman, whereupon Mr. Knox prepared an amendment to the Wilson law. Mr. Tillman then withdrew his res olution and offered the Knox amend which was referred to the committer on tudlclarv. The bill provides that all Intoxicat ing liquors transported into any state or territory, or remaining therein, shall, upon arrival within the state and before or after delivery to tin consignee, be subject lo the laws or such state, ill the same manner a though such liquors had been pro duced In such state or territory and shall not be exempt therefrom by rea son of being Introduced ill original packages or otherwise. Senator Gore, oí Oklahoma. Intro duced a bill providing for the election of I'nited States senators by popular vole. The senate on motion of Senator Allison agreed to adjourn until Sat urday and after business on Saturday ' lo adjourn till January . Senator Tillman liilrodueeil a reso lution directing the Interstate com merce commission to inform the sen ate whether any cot poratlons en gaged In Interstate commerce are the owners of any of the stock of other transportation corporations, and If so. the extent of such ownership, and to stale in what cases these corporations have been competitors. mil TO KKI.IKVK MIX KHK OF ANSESSMEVr noun Washington. live. IS. The senate today discussed, for two hours, a bill to ailow a suspension during 1!!I8 of the law requiring annual work on mining claims In the course of being perfected, to the amount of at least 1100 annually. The bill was urgeit because of Ihe difficulty of securing, funds for prosecuting the work. All consideration on Ihe measures was flnallv defeated by a motion by Sen ator Clark, who called for an exces sive session al the moment the bill was to be voted upon. It cannot now come up until after the holidays. SPKARKIt CWO TO WMM .M K t .M l I I 1 1 1 S Washington. I see. Ik. When the house reconvenes liiniin at noon. Speaker Cannon will announce 'he remaining assignments of ni. nib. is lo commltet.s. The house will then 1st organiwd. and In a position to get down to business of the session Inline dialely after the holiday r s. which will last from Saturday the St, Ull- til January 6 Speaker Cannon did not complete his committee assignments until near ly 12 o'rlm k tonight. To Insure the printing of the official list In time for tomorrow's session, each commit tee table was sent to the public print er tonight, as soon hi It was finished. Mr. John Sharp Williams, w ho. by virtue of Ins minority leadership, had the naming of Ornes rats to Un- vali óos committee-, worked behind lock ed doors sll of yesterday ami today, and tonight sent his complete list to the speaker. The assignment task was heavier this )ear man ever, for two reasons. The creating of about fifty addi tional committeeships by Ihe eiilslge ment of each of Ihe more Important (ommilte-s by one republican and one democrat apiece, increased mem bership of Ihe house ami the far! that many members (!.- in the sssak er'a selections an effect real or fan cied on the presidential sitoation. NEGOTIATIONS FOP, PEACE III GOLDFIELD MINE WORKERS SEEK TO ARRANGE SETTLEMENT President's Strike Commission Busily Engaged Taking Tes timony and Listening to Ar guments On Both Sides. I By Morning i f ran I Hperlal taaaeifj Wire I Ool.iricld. Dec. 1. O A. Hilton, of Denver, genera' counsel for the I11 dusirlal Workers of the World, and special counsel for the Western Fed eration of Miners, arrived In Ooldfield today, empowered by President Mov er, of the Western Federation. to make terms of peace sviih the rtilite owners of lioldfleld. Just what the terms on which peace may he secur ed Attorney Hilton refuses to say. bul he stales lhat they are such that If thev are refused by the lioldfleld Mine Owners' association that body w.111 he put on the defensive by the Western Federation. Tomorrow at o"clock .Attorney Hilton will meet the executive committee of the bsal min ers' union and go over details of terms lo be submitted to the mine owners, and later In the day a meet ing between the Wes.ern Federation attorney and the executive committee of the Mine Owners' association will be sought. The officers of the Mine Owners' association say that they can not say whether the offer of the Western Federation to present peace terms will be accepted or not until after n meeting of the executive com mittee can be held. Attorney Hilton snys also lhat he will appear before the commission sent by President Itoosevelt to Inves tigate the labor coditions here and present the Western Federation side, which will be embodied in a written statement to the commission. Dur ing an Interview tonight Mr. Hilton stated lhat he was not sanguine of the success of his mission. A small number of men from Culifornla and 11 few from Arizona arrived in tJoldfleld today and will go to work In the mines tomorrow. Work Is proceeding in three of the mines without Inter ference A larger number of men ate expected to arrive tomorrow. The commission sent by President I Itoosevelt Is examining witnesses and r oiiiiueditg an Inquiry Into labor con ditions, but no statement of llnlr progress Is given out. (tovcrnor Sparks has left for his ranch near Carson City, and tomor row General Funston III leave for San Francisco. TICOOPS TO ltl.Ml AT t.Ol III li:l,l. IS 111.1.11 J' San Francisco, Dec. Is General Funston has ordered a general court martial to convene at lioldfleld. This order would Indícale, say army 111.11. that the troops now on duty at lhat place would be held there for some lime to cune. If the stay of the troopers In the mining town whs to be of short duration any offenses that might be committed by the enlisted men would receive attention when the troops returned to this post. Sbo,e. licsuiiic mi l ull 1 line. Altoona. Pa., Dec. IK Five thou sand Pennsylvania Hallway shopmen here whose working lime was reduced from ten to nine hours a day two weeks ago. on account of the strin gency, have been ordered back to the ten-hour system tomorrow. GUN WHICH KILLED SENATORJGOEBEL Witness Identifies Weapon Which Figured in Grim Trag edy At Frankfort. (By Morning Journal StsHilsl Lease Wlra l Georgetown. Ky.. Dec. Is. For the first time since It sent a hulelt speeding Inlo the body of William Goehcl. January la. IHah. the Marlln rifle about which so much has been said, was placed in evidence today when Grant L. Roberts took the stand in the Caleb Powers trial today. It is now in the custody of the court s an exhibit. When the gnu w s brought Into court It was found to have been carefully screwed In a wooden box made for the purpose of Its preservation, the box wrapped In brown paper and the whole securely tied. The steel bullet and smokeless powder cartridges r. iiuiiiiIiik ill Its magaslne after thai' on.! shot had been fired had been removed by Mr. Kola 1 ts before packing It, and these, too. were filed as exhibits III the case. Grant Huberts would not Identify the gun without iilallf icatlons. Me was pretty sure" Ihst this was th" long missing rifle whi.lt li had bought ft ..in Clarence Fugazxi. of: Frankfort, but would not speak wlihj absolute certainty. j Itefore closing. Judge Morris, at the request of the defense. Issued an or-j der for Henry YMiiscy to be broiigut I again from the penitentiary tomor- ...u U J Wl,..,. ,r,l ill-mill t'.ilteil I States marshal at Covington, who was In the slate auditor's office In Frank fort In I "ti. testified this afternoon that on Ihe Friday ..r Saturday be fore Goehcl was shot he had seen Yoiits.-y enter the office with a a uparen! Iv much excited, and gun. , said mat Yoiltsey exi la lined "Gel your gun, something Is go- ing to hai'Tien." "Caieh Powers in a brave in.tn. but If tliy let me have mv way about It I will soon settle thf matter. I have h g I i.ostti,,ri al slake " Shepard said "I was al my desk when Goebel was shot I dropped mv woik and went to the west door of the executive building, when I saw Henry Youtscv coming from the can dour Willi u pistol in his hand.-' POWERS DENIES OFFER TO PAY FOR GOEBEL'S DEATH Georgetown, Kv.. Dec In Former Cuite, I States Senator William J. De line took the witness stand in Ihe Powers trial today and denied an al leged conversation with Henry 1 out sev near Governor Taylor's mansion on tlie night nf January 2.'.. Ittub Youisev had slated on direct examina tion iluil be told 1 Mine of the plan lo kill Coebel. Powers. In his final testimony to day, emphatically ileiii" I the report conversation with Frank Cecil. In hli ll it u.ik alleged thai Powers had s;l id if Goehcl. f iirii ish 'cell nicr trl 'ti ui'l find the man to I will find a man who I lie money. h id llhlilied to this at 11 .1. but would not May own at this tii;tl and give kill Will foi in Georget till same testimony. Iiavlng conic here 1. - fore leu Uiier relumed to his home in t. I.ouis and refused to come back. HARROW'S II I NFSS MAY HALT PETTIBONE TRIAL lib nun Alioriift Only One of Coun sel I iiiolll'ir I inuic.li Willi Case to Conduct Ikcfciisc. Hoise. Dec IV Today's proceed- lug- In the Pettibone trial were given over almost entirely to the presenting of cvidcr.ee on the explosion at th residence of r red llradlcy at sun Francisco A portion of tills lesll nionv was read from Ihe records of the Hav.wo.nl case, according to the stipulation entered Into between the attorneys for the slate and defense Cl.uetice Darrow. chief counsel for the defense, was unable to attend the trial today, hut it was agreed ttiut the defense would conclude its examina tion of orchard tomorrow without him. Senator Moran stated that the state would conclude its direct evi dence tomorr"vv. and an adjournment will probably then lie taken until Monday, as Wilson announced that Darrow was tin only attorney prepar ed to make the opening statement for the defense. L COURT MARTIAL BITTER ORDEAL FOR STOESSEL Witness Tells of Commander Refusal to Turn Over Fort ress and Suppression of Or der From Kuropatkin. lly Vl10nl.11 Joi.rmd spri-inl leased H Ire . St. Petersburg. Dec. IK Lieutenant General Stocss. I was accused today of having shown the while feather under fire on two different occasions. Th accusation was made by Colonel Guiko. who was on the stand as 11 witness lie I ore the court martial which Is trying the general for his alleged failure In the proper defense of Port Arthur. At the moment the court was investigating the circumstances of Kuropatkln's order dated June Is. llttit. in which General Htnessel was told to turn over the command of the fortress to General Kmyrnoff and Joint the Manchurlan army. General Kloe. sel disregarded this order and It was repeated three times. He suppressed: Ihe copy of the order addressed to General Smyrnoff and Anally waa al lowed to remain at Port Arthur. General Kuropatkin testified that early In May doubta hail arisen as to the fitness of General Ktoessel to com mand the fortress, owing to his nerv ousness. This Idea, was strengthened hv a communication aent by General Jtmyrnoff to his aide, Colonel Uurko, that Ktoessel waa a coward and apt tn lose his head during an assault, and that It might be necessary to place his under arrest to prevent the fall of the fortress. General Kuropatkin. after obtain ing coiilirmafory details of the state ment fiom Coleiiel Gurko. sent the older superseding General shoess.-l. Answering General Stoess. l s iiucry as lo what grounds be Inn! for making such a statement to Geiicial Kiiropai-, kin. Colonel Gurko related two In- I stances In which General Stoess. l had j ordered his stuff to sculler under lirr.l himself heading the dash for shelter, j Colonel Gololonoti. who was 111' chaige of lio- coiling id messages to Port Arthur, established the receipt by General Sto. ss.-l of Gein i.il Kuio-j piillitn's orders , said lie gay 'b-" oriiei for Geiieiu' Miivnmn to assume command of the foitress to tjciieiul Helas, who allcl conferí lug vv il , General Sto.-. l diie.l. d him to 1 c-j move Ihe cottv from the lit-aiiil sup- j press the record lliele.t ltll live' men In Ihe foitress knew of tins order. 1 The testimony 1'cht me surprising fact nun to ner.-u rmo"o kill, befóle foe et the m b.i ild'-nli file n -tor.ition peliifisiilj. lo I 'if I pay 1 1 ' eied that '!' 00 letrov.-.l tile ll loo I r.-comiin nd- 1 Ihe foil .uní : K vv 11 s-Tung .f "tilnc-e. w llo wel l' to , 1 ,.,r it He colisid- m-ii'ihi of port Di.ltiv 1 I gle lilt (tor I,, nee id Gel la I K liropl.l kill ' Port .yi'ltiir said lee hid fiimllv o in.i lo in terfere Willi tonel a I Si o.-ss.-l oil ac-. COIIIIt of Ills UlieXH led -III . - III holding Co- fortress, which tlie.net-j bally repined IJ'tenii men lo lie de- j fended -II. cess I ill V J J. I Ijafollclie lle..iisrl r- In Ncbrs-ka. I.ltl. oil). Neb. Dee i W. I .' Houser. of Madison. Wis., win. Is l'l; Xebra-ka in the Interest of the pr.-l-dent'.t tl'i nlacv ,,f enrtlor l'ol-j lift.-, toil.iv estab.l-bed permn--.t 1 hesduii.irteis 1.1 Hniioin. and said an I aggressive canvass would be mad- ' ! secure the Xehraska delegation to 'i Chicago convention 1 SLAV GENERA PLANS FOR THE RRIGAIIOII CONGRESS MOV G Col, Twitchell Unanimously Elected to Stienuous Posi tion of Secretary of the Board of Control. ENTHUSIASTIC MEETING MARKS SPLENDID START Governor Curry and the Con gress Promoters Leave This Morning for Trip Through Pecos Valley, The plans for the Sixteenth Na tional Irrigation congress received an other vigorous forward shove yester day afternoon III the meeting of. tho board of control 111 the Commercial club, a meeting attended by practi cally every member of the board from A IbiKitieiiiue, by Governor Curry and Hon. T. H. Catron, "f Manta Fe: by Colonel Twitchell, of lata Vegas, and several others from the territory. Tha most Important work of the meeting w as Hie unanimous election of Colonel Twitchell to be permanent secretary of the hoard of control of the con gress. This places In this nnwt re sponsible position, a man who Is thor oughly familiar with the work, and with the territory and the country, who is an enthusiast and whose ef forts will he as vigorous and as well directed as such efforts well could be. The 'liiilri' is universally approved will be popular not only tn Albu.uei title uild III his home town of Ias Vegas, but throughout the territory and mining the national officers and committeemen of the congress to all of whom Colonel Twitchell ia well known. When Chairman Hopewell called nominations for secretary, titer va but one placed before the meeting. Hon. Solomon I. una nominated Colonel Tw itchell and 1. A. Macpher son e.ondcd the nomination. The vote was unanimous. In his speech ol acceptance Colonel Twitchell waa en tirely chnriicterlstlc. He said: "I will 1I0 everything 1 can" and Hint was all. The meeting was called to ordci with Ihe following in. on lar of th. board of control present: Governor Curry, Chairman Hope well. T II. Catron, of Santa Fe; l. A. Macplierson, Solomon I, una. P. F. MeCiinna. O. N. Marion. M. U Stern. George Arnnt. Jay A. Hubbs, l. K. ft Sellers, A. It. Mcliaffey. lc. W. U. Hop... Dr G. W. Harrison, 1. I Itrooks, Clark M. Carr. J. II. O'HIcll.', and several other officers and com mitteemen of the club and the fair association. Chairman Hopewell culled the meeting to order and briefly stated the work before It, requesting ISecretar. McCanna. of the Commercial club, to act as secretary pending the election of a secretary. Governor Curry spuka briefly review ing his assurance, of alt assistance In his power toward mak ing the congress a success. Colonel Twitchell outlined the woik done thus far by the committee on trophies, enumerating the several handsome arid valuable trophies which nave aireany oeen piacru. Hon. T. R Catron made a strong and encouraging speech, urging tha members of the board of control to work hard as they could since the Irrigation congress was the great eac advertisement New Mexico could have and since New Mexico needs adver tising. He enumerated the resources of thn territory, pointing to our "oat which, he said. If all mined at once would be of a value to more than lilt the national debta of all the nations of the world. Chairman Hopewell then outnnea thn work done thus far In promoting Interest In the congress and asueii lor authority to say to the people of Near Mexico that Alhuiiuerque would pro vide a convention hall and do every thing to make the congress a success. This authority was given him In brl r. but forceful spe.-chca try o. .-v. Mac ron. President C. l Hrook, of tlia club, and others. Pie-ldell! Hopewell Was gIVell hearty assuiame lhat he could say l the people of the Pecos valley, w her.. he goes today, that Albiiqn ;t 1 do her full share, as ahe has alwaja done, and only desires the co-opera- II011 of the whole territory for th general good. M. I Stern, of thn committee on convention hall, made a b iigtl y report In which ho outlined in il.t.iil tin- work necessary to bt done and ihe amount necessary to Isa laised heie to provide a suitable con vention hall. The committee has 111 ph.us well under way and waa con tinued with jxiwer to pr.s'crd wl'h these pbins and to report at the meet ing of the Isianl of control to be held Itevl Week. Coventor Cur. y suggested that IP some w.iv Otero county bad hern overlooked in making up the noara or control and suggested apMtnt nieitis t'oni that county. This mat ter win P.- taken up immediately. The toil. , ing m.-n w ere made member of the board of control: I'iiI.v.i Count v F. I. Hurch. Clay ton. T. F.. Mitchell. Alls-rl: F.iifraclt Gallegos. Calh-gos: l;uiualdo Martin ex. Gnl)eg,S. ijimv County Abe Street. Tucutu cu. N'. V. Gallegos, Tucumcart; Will, ml Hclnap. Nata Visa: W. P. liHcinitiaii, Tueumi arl Itoosevelt County W K. Uu.ls.rjr. v It. M.Gtll. W. It. Getting. C. o. l'.ich Porta 'es Publicity Committer Xameil. Cpon motion of Colonel Twitchell and hv unanimous vote the board of contlol appointed the following Com mittee on publicity to constitute a seising publicity bureau during the period of preparation for the con- g !: It It H.ning. secretary; William F. Prog.m and Hon. X'esti.r Monto v a.