Los Angeles herald. [microfilm reel], May 07, 1909, Image 1

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

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| r PAGES
10 TWO PARTS J
PRICE: ?I« cITcI??S 40 CENTS
VOL. XXXV*.
NUMBER sm
FEARS GIRL WILL
DRINK BEER; MAN
SHOOTS HIMSELF
AERONAUT DISREGARDS WORD
OF YOUNG WOMAN
USES REVOLVER IN PRESENCE
OF SWEETHEART
F. R. Leroyxez, Zoo Keeper at Chutes
Park, Refuses to Attend Party
at Which Liquor Will
Be Served
M^BCAUra pretty Anna Lyons, 15
l-v years old, of 1823 South Hope
■*-' street, refused to promise not to
attend a party to which she was in
vited, and at which beer was to be
served, F. K. Leroyxez, aeronaut and
zoo keeper at the Chutes park, a well
known parachute jumper and a promi
nent member of the Los Angeles Aero
club, sent a bullet through his breast
in the presence of the girl and several
of her companions at the entrance to
the Chutes park shortly before 8 o'clock
last night.
The bullet entered the breast just
above the heart and passed through
the body. Leroyxez was hurried to
the receiving hospital, and after the
wound was dressed by the police sur
g B the wmnded man was removed
to the Clara Barton hospital. The
surgeons say the man is probably ta
tally wounded.
Leroyxez, whose real name is Frank
Wood, met Miss Lyons more than a
year ago He roomed at the home or
the girl's mother at IMS South Hope
street. He became Infatuated with the
girl, and a short time ago, according
to the glrl'a story, tried to make her
.promise to marry him by threatening
her with a revolver.
Leroyxez persisted in his attentions
to the girl, who said she did not love
him—only "liked htm," as she ex
pressed it—and gave her numerous
presents. He taught her how to make
balloon ascensions, and last September
she made her first appearance as an
aeronaut by ascending in a hot air bal
loon at Pomona.
Miss Lyons was to have made an as
cent with Leroyxez Sunday, but she
changed her mind and promised him to
make the ascent the coming Sunday.
Objected to Beer
Several days ago some friends of the
girl made arrangements for a party to
be given Thursday night. Miss Lyons
was among the first invited, and by
some oversight Leroyxez, who is much
older than the companions of the girl,
was not invited until Wednesday after-
He seemed slighted at this, re
fused to attend, and tried to persuade
the girl to remain away.
Last night Miss Lyons, her brother
William Lyons, Grace Thompson of 62-
Ceres avenue and John Holleran, 1331
East Fortieth street, met Leroyxez at
the entrance to the Chutes park. The
Kirl and her brother tried to persuade
Leroyxez to change his mind and go to
the party. The latter refused to con
sent and asked Miss Lyons not to go.
She wanted to know why he objected
to hep going, and Leroyxez replied that
there would be beer served and he did
net want her to drink any of the
lliss Lyons told him she never drank
any liquors. He insisted that she stay
away She refused. Then he asked
her to promise not to drink any beer.
This she did. Leroyxez then turned to
William Lyons with v remark about
sending him east, quickly drew a re
volver from his coat pocket and sent
a bullet through his own breast.
The act was done so quickly that
neither the girl nor her brother, al
though they were standing within a
few feet of Leroyxez, had time to pre
vent the shooting.
Girl Summons Aid
As the aeronaut sank to the sidewalk,
the blood spurting from the wound, the
girl ran screaming to a nearby drug
store and summoned Dr. N. J. Brown.
The latter, with the aid of others, car
ried the wounded man to the drug
store across the street, where Le
royxez was given emergency treat
ment; pending the arrival of the po
lice ambulance, which had been sum
moned.
Leroyxez did not lose consciousness.
He told the police surgeon he could not
bear having the. girl go to the party
and drink beer and shot himself be
oaaM she would not promise to stay
Later Miss Lyons and her brother
visited the wounded man at the re
ceiving hospital. Leroyxez burst into
tears when the girl appeared and his
replies to her words, "Brace up, Rex;
you'll be all right," were sobbed out
.In such low tones that they were not
* Intelligible.
"We were trying to persuade him to
go to the party with us," said Miss
Lyons. "He would not consent to do
so" and tried to get me to stay away.
He knew there would be beer at the
party and did not want me to go for
that reason. I told him I never
touched any liquors l^nd promised him
I would not drink even one glass. I
thought everything was arranged sat
isfactorily, when suddenly he drew
his revolver and shot himself.
"I never was in love with him, al
though he seems to love me very
much. He taught me how to make an
ascent in a balloon and I was to have
made an ascension with him the com
ing Sunday.''
Leroyxez Is Daring
l.eroyxez told the police surgeons lie
was 2U years of age, hut he looks much
oilier and prisons who are acquainted
with him say he is nearer 40.
He has made a great number of dar
ing 1 parachute Jumps and has been in
a number of accidents, from which he
has had marvelous escapes from seri
ous injury and probably death. He
came to Los Angeles nine years ago
From Lima, Ohio, where his father,
a. w 1. and other relatives live.
.vllss Lyons is a pretty girl—a mere
, hUd and leemed Unable to realize ths
itlon. Bhe did not seem to worry
whether or not the aeronaut was fa
tally wounded, and he* wile care
seemed trying to KH possession of a
siiiri stmi belonging to Leroyxes, vi. >
the police and
p it loi him.
Leroyxez h.t^ been employed at th<'
Chutes park foi the laal two or Wires
He made balloon ascensions on
Bund ' other times bad charge
goo, •
The developments following the
(Coutluuwt on I.'«b« Two) . I
LOS ANGELES HERALD
HELD BECAUSE HE
RESEMBLED A MAN
KILLED LONG AGO
w K^ :- X
DES MOINES, lowa, May 6.—The
detention here of J. C. Mabray on
the suspicion that he was none
other than James P. McCann, a man
who is supposed to have been mur
dered near St. Louis in 1903, caused a
sensation in two states.
"Lord" Frederick .Seymour Barring
ton is now serving a life sentence in
the Missouri penitentiary at Jefferson
City for the murder of McCann.
Barrington, whose career reads like
a romance, had led a life of crime and
adventure almost from childhood.
Accused of the. murder of McCann,
his case was fought in the courts for
yours, and he was twice sentenced to
death.
Mabray Is said to resemble McCann
as closely as a twin brother.
Patten Still on Ranch
TRINIDAD, Colo., May 6.—James A.
Patten, the Chicago wheat broker, is
still at the ranch of his partner, W.
H. Bartlett, at Vermejo, sixty miles
southwest of Trinidad. Apparently ha
has no present intention of leaving the
"happy hunting grounds" he has
found in the forests and mountains of
New Mexico, and, according to infor
mation reluctantly iflven over a long
distance telephone, he is having the
vacation of his life, spending nearly all
his time fl3hlng. hunting and riding.
Temperature Drops Quickly
NORFOLK, Neb., May 6.—The tem
perature dropped 57 degrees In twelve
hours, falling from 96 yesterday after
noon to 39 this morning. Yesterday's
Intense heat, by far the highest of the
year, was followed last night by the
most severe dust storm that northern
Nebraska ever experienced. The wind
blew sixty miles an hour.
THE NEWS SUMMARY
FORECAST
Fop Los Angeles and vicinity: Cloudy
Friday; light north wind changing to
south. j Maximum temperature yester
day, 63 degrees. Minimum, 55 degrees.
LOCAL
Aeronaut shoots himself because girl he loves
Insists on attending party where beer will bo
served.
I Attorneys for Rchenck and Broadhead employ
every legal artifice (to have Indictments dis
missed. - . ■ '.* ' ->■-■;
Elks dedicate new $200,000 club house.
Property owners In Highland Park will light
to retain Occidental college. -
- Wife of music teacher says husband played
violin with one hand and hugged pupil with
other arm.
Judge Button denies he is alien and pro
duces naturalization, papers. ■■■: • - ,
Midnight elopment results In divorce. •-.
More building permits issued In I^os Angeles
last year than in New York city. •
Jury hearing evidence In . Mitchell murder
trial allowed to go home at night. ■-•«%,-^.tfv*
Police believe they have evidence of big lot
tery swindle. ' .'■. :i .'■." , ,'
| Chief Dlshman threatens to make more raids
on resorts. _, ■ - -■■' - ■ ' .'*--
Mothers' day .'observed by raising money and
by outings for women. . ,
COAST
Thirty persons Injured by collapse of building
at Seattle. - . - '■.-■• .. - •■•.-.
*- Luther Brown, lawyer from Los Angeles, on
trial for alleged kidnaping, of Fremont Older
of Ban Francisco, faces accusers In courtroom.
■ Calhoun's trial rapidly approaches conclusion
arid final arguments are expected next week.
Citizens of San,Francisco' tender fine banquet
to Japanese naval officers. ■•;■ ', (rffl"*■*/"»«-•'-■
; German < military aid, visiting 'at Seattle,
praises American army.
Illicit trade In opium disclosed by merchants
of San Francisco. -
Engagement of twenty co-eds startles faculty
at Berkeley, and curriculum henceforth will
Include course In culinary art.
EASTERN T
Senator Cummins of lowa, in long address to
constituents relative to tariff, sounds warning
that If law does not check trusts, people will
take matter into their own hands. ■ . . ; •
» Mystery of many missing "Mrs. Lewises" at
Chicago no nearer solution," and latest drown
ing at "suicide bridge" bullies officers. "
Civil service at Chicago in quest of thin man
for slim position. - ■ • : "■'
Prominent G. A R. man of.New York ad
mits he long has obtained pension though be
never enlisted In army. *'w-\ii3*«Bw6W3
Old soldier walks 800 miles to attend reunion
lit Salt Lake. . •
Chlcagoan declares United • States consular
service is a big government machine to sell
Baptist church destroyed by tornado In Texas.
'■ Woman In Chicago sues Western Union for
damages because messages from husband were
not refused.; •
Federal court restrains attorney of St. Louis
from prosecuting three-oent fare cases.
foreign ■, ■ . :.:
i Three thousand Christians and 83,000 Armen
ians reported slain during massacres In Turkey.
f Japanese» at i Tokio • i.in reception to third
squadron of Pacific (teat. , ■-* ,*-■'■". t
•• Premier Htolypln endeavors to Influence czar
to dlaamoclate himself from reactionaries and
tn sanction naval bill. \:X!S*&*itßX~i1 ilte&M
'?. France., fears It In face to (aoa with revolu
tion, Involving Issues; strongly ; drawn , between
capital and. labor.'awsfe^ilfHS^aMßMWP
•» Seven men ■ killed •in gambling row at Vera
Cruz. 1, Mexico.'*, '
FRIDAY MORNING, MAY 7, 1000-
A PLAIN, HONEST TALK ON GROWTH OF HERALD CIRCULATION
The accompanying certificate of the Association of American Advertisers, following the ex
amination of The Herald's circulation books by an expert, speaks eloquently for itself of the splendid
strides made by, this newspaper in the past few months.
18 JL^C»ILMB!«^ 111
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Daily Sunday
February circulation (sworn statement) 17,425 20,670
March increase 2 9 205 2,391
Aprilincrease 2,385 2,833
May circulation — 22,015 25,894
FOR three months past the net paid circulation of The Herald,
both daily and Sunday issues, has increased between 2000 and
3000 monthly. The present increase in circulation for the month
of May shows this same healthy gain in bona fide "dotted line," net,
paid circulation.
The sworn statement issued by the Association of American Ad
vertisers, with home offices in New York city, whose expert, during
the month of February examined the circulation books of The Her
ald for the six months preceding, proves that The Herald's bona fide,
net, paid circulation for the month of February was:
Daily, 17,425; Sunday, 20,670
It is upon these figures that the eastern advertisers, patronizing
the columns of The Herald, rely implicitly in placing such advertis
ing. This affidavit of the Advertisers' association is equivalent of an
affidavit of a bank examiner reporting on the affairs of a national
bank. It is dependable.
Since that examination was made The Herald has not only main
tained the ratio of increase established during February but it has
steadily increased. Today The Herald has a bona fide circulation of
Daily, 22,015; Sunday, 25,894
With this ratio of increase maintained, providing the ratio is not
gradually increased—as it is increasing at present—it can be but a
very few months before The Herald will be able to show and prove,
both to the Association of American Advertisers and to the vitally in
terested advertisers of Los Angeles, that its bona fide, "dotted line"
net paid circulation is GREATER THAN THAT OF ANY OTHER
DAILY PAPER PUBLISHED Ifi THIS CITY.
It will require but six or seven months, at the present ratio of
increase in circulation, for The Herald to show a net paid circulation
of daily and Sunday papers of over 50,000. What paper in Los An-
GRANDFATHER TO TURN
BOY OVER TO FATHER
Judge Crow Issues Order Which
Takes Shaw Scandal Out of
Local Courts
SANTA BARBARA, May 6.—Eldridge
Shaw, 10 . years old, was by order of
Judge Crow today placed in temporary
custody of his grandfather,- H. Fisher
Eldrldge,7 to be turned over to S.the
father, $ James F. Shaw '; of .< Boston.
Thereby the local court : washed ■>. Its
hands of the case which grew out of the
raid : a week ago, and which; revealed
the clandestine relationship ' between
Mrs. Shaw and a former Shaw:chauf
feur. ■ ■'„"- :■'■ ',■'. '• '• C ■'-:,"'■'•'/■ I
' Mr. Kid ridge testified Shaw was not
rated high either financially pr morally,
but he' assured \ the ; court t that ; In 7case
the father is unable to give the boy the
proper care be will assume the
guardianship. The order was asked for
by the attorneys of both contestants.
Mrs. Shaw says she is not going back
east.
Gives Away 400 Houses
MBBBINA, Sicily, May 6.—Lieuten
ant Commander R. R. Belknap, the
American naval attache at Rome, haa
turned over to the prefect 400 Ameri
can wooden houses, to be used to shel
ter sufferers from the earthquake of
last December. The attache expects
that 2300 houses will be completed by
June 7. _^^.
Socialist Editor Convicted
FORT SCOTT, Kits., May 6.—Fred D.
Warren, business manager of the, A
ppeal to Reason, ,i Socialist publication,
charged by the, government with send
ing scurrilous and defamatory matter
through ■. the malls,';was this afternoon
found iguilty ■■ by ' a ■■ jury In'the federal
court here. An appeal will be taken.
geles will be willing to throw open its books and attempt to show
a similar circulation? "
The circulation of The Herald, according to the affidavit of the
Advertisers' association's expert, is within THREE HOURS of Los
Angeles, as railroads and trolley cars run. That is the very kind of
circulation that the advertisers of this city and of Southern Califor
nia most desire. It interests them but little if a paper has a large
circulation in Old Mexico, or even New Mexico or Utah. What the
advertisers of Los Angeles want is circulation within easy shopping
and buying distance, and a circulation among a class of people who
have money to spend - WHO HAVE THE PURCHASING
The great value of the advertising columns of The Herald to the
Los Angeles business men lies in the fact that this paper does go into
the homes. It is not a paper that depends on street sales, because it
does not seek to be sensational. It is a paper delivered to the front
porch of homes and is read around the home circle. It is thoroughly
read under such, and only under such, conditions. Its advertisements
are read under those conditions—not on street cars in saloons in
barber shops, nor'much less on bootblack stands. Ihe Herald does
not depend on this latter kind of circulation to give real meritorious
service to advertisers. But it is able to interest the people who live
in homes and who have money enough to own and occupy homes.
And it is the newspaper "fit for those homes.
The fact that the subscribers to Ihe Herald have ready money
is most eloquently shown by one sentence in the report of the Ad
vertisers' association expert:
"During the period examined, fully 90% of the total amount due
was collected from all sources of paid circulation "
The Herald"s subscribers did not have to plead poverty to pay
their subscriptions, much less did they require a set of cheap china
dishes offered them as a bait. They paid their subscriptions prompt
ly ami cheerfully, because they had the money and because they want
ed the paper to continue coming to their homes. Ihe Herald is the
newspaper "fit for homes" and that is the reason The Heralds cir
culation is maintaining a steady ratio of increase in circulation of
from 2000 to 3000 monthly.
UNIQUE FOUNTAIN IN
LAKE MAKES RAINBOWS
FOR J. D. ROCKEFELLER
SEW. YORK, May 6.—John D. Rocke
feller has » rainbow lake. Thl» la one
of the unusual features of ht»,»ew man
. sion on the hill.. '
The lake Is situated on the went side
of his stone castle and it Is paved with
colored stones,' and the - fountain . which
plays from the center of It throw* out
; a mist which ' shows rainbows at ' every
point of view. .
' Thin la • one. of the > unique . features
planned by Mr. Rockefeller, and he ex
pert» |to take much pleasure in viewing.
the thousands of rainbows which will be
vlßlble every <!»}■ ■■' ' ' '" - '--
,*. „ „••.-...■ •,-■-■.; . ■ ■.--.
S"»l.iM(.JlL<Jb V^Ul JJI/O. ON TKAINB, S CENTS
INCENDIARY FIRE CAUSES
MANY PERSONS TO FAINT
Enemies of Prohibition Accused of
Plying Match to Church in
Norfolk, Neb.
NORFOLK, Neb., May 6.—Fire
started by an incendiary early today
threatened to destroy the town of
Plalnview, near here, and it was neces
sary to call upon surrounding towns
for aid.
A gale of wind carried burning
brands over the entire town. Men and
women fought the iiames for nearly
five hours, and In the excitement many
of tho fire fighters faintnl.
The Methodist church, the floor of
which had l>« v saturated with g
line; the parsonajje and a number of
dwellings were burned.
The town recently went "dry" and
enemicK of the prohibitionists urn ac
cused of having started the blaze.
QcENTS J
LAWYERS FIGHT
TO THROW OUT
BRIBERY CASES
EVERY LEGAL ARTIFICE USED
BY ATTORNEYS
VALIDITY OF SPECIAL GRAND
JURY CHALLENGED
Representatives of Schenck and
Broadhead Question Indictment*
Against Former Officials and
Raise Technical Points
ACCOMPANIED by numerous mo
tions to quash the Indictment*,
challenges as to the citizenship
and other qualifications of the mem
bers of the recont grand jury and wit
nesses who appeared before that body,
accusations of bias and every techni
cality that was possible of presentment,
'the opening chapter in what is likely
to prove one of the longest drawn out
legal battles in the history of the crim
inal courts of Los Angeles wan begun
in Judge Davis' court in the ball <>t
justice yesterday when Thomas H.
FSroadhead, former chief of police, and
Samuel W. Schenck, former police com
missioner, appeared to plead to bribery
charges contained in true bills returned
several weeks ago.
Interspersed in the arguments on
both sides charges of misconduct on
the part of opposing counsel, appeals
to the court to protect the one witness
called during the day from insult, sar
casm and efforts I" ridicule the con
tentions put forward by prosecution
defense entered into the proceed
ings, imparting to them a degree of
excitement, which, however, was n<
allowed to go beyond a certain point,
Judge Davis interrupting with low
voice, but with a firmness that pre
cluded any possibility of further dis
sension and compelling counsel for the
indicted men to take refuge in recorded
exceptions to his rulings.
Oswald Has Body Guard
The opening of court found a large
number of persons in the room in re
sponse to subpoenas served at the in
stance "f Broadhead's and Schenck'a
attorneys, H. H. Appel and Paul
Schenck. Included in the number were
a half sore of the members of tha
special grand jury, Nick Oswald,
former tenderloin ruler, accompanied
by a bodyguard, and several gran.l
jury witnesses, while District Attor
ney Fredericks and Deputies W. J.
Ford and G. Ray Horton, In charge of
the prosecution, were also summoned
us witnesses to testify in the proceed
ings by which the defense hopes to
have the indictments thrown out of
court.
Hliuafi's case was first taken up
and Attorney Appel called the court's)
attention to the fact that subpoenas
issued for J. K. Fishburn. foreman of
the special grand jury; Luther 0
C. F. W. Palmer and J. E. Shuey,
members of that body; E. T. Ear!. Tom
Savage, Walter Parker and W. H.
McDermott had been returned with a
notice that they could not be found.
"Inasmuch as we have a challenge to
the grand Jury panel and to each in
dividual member of the grand jury
cannot proceed until all these jurors
are present," he said.
"Let me hear your motions flrs.t,"
said Judge Davis, quietly.
Mr. Appel then moved to set aside
the indictments against Broadhen.l.
because, he alleged, the defendant prior
to the finding of the indictment had
no opportunity to challenge the granrl
jury; that the indictment was found
without the concurrence of at least
twelve competent jurors; that the fore
man was disqualified to act as such;
that the names of the jurors were not
inserted at the foot of the indictment;
that the defendant had not been fur
nished with a copy of all testimony
concerning the subject matter of the
charge against him; that the jurors
considered other evidence than that,
furnished by witnesses, and that there
was not sufficient evidence to show a
crime had been committed.
Challenges Grand Jury
He followed the motions by reading
his challenges of the jurymen's citi
zenship, declared a statement of mind
existed on the part of each juror, pre
venting them from acting impartially:
that the names of the jurors did not
appear on the assessment rolls of the
county; that the court had no juris
diction to call a special grand jury,
and that there is no law under which
a special grand jury may be convened.
District Attorney Fredericks replied
for the prosecution. "We will maintain
that the grand jury which returned tho
indictments was not a special grand,
jury, but had all the powers of a regu
lar grand Jury, and there was no limi
tations to its investigation," he said.
In regard to the testimony before the
grand jury, he added, the position of
the prosecution was that the jury con
sidered many cases, and what might bo
direct testimony in one case would b«
hearsay in another. "Tho testimony
material to the cases now before the
court has been furnished to the de
fendants," he added.
Attorney Schenck, in behalf of his
brother, presented three motions and a.
challenge. Except for the first mo
tion, the other objections raised by Mr.
Schenck to further proceedings were
similar to those filed by Mr. Appel.
"I move to strike the indlcoment from
the files on the ground that it 1r unin
tellgible," he said, quoting from tho
court rules to show that no document
containing Interlineations shall be filed
unless the writing-in Is noted by the
clerk of the court.
"Here is my copy of tho indictment,"
he said, handing tho paper to Judge
Davis. "I cannot read part of it, and
the original copy is worse than this
one."
Writing Illegible
Judge Davis was apparently unable
to decipher the written words near tho
end of the indictment and called for
the original copy. He was equally at
sea in his efforts to read tho recorded
paper.
"Let me see It," interjected Mr.
Fredericks. "It reads, "the same being
a crime and crimes coming under the
laws of California.'
"Why, that's as easy as falling oft
a log," he added.
"Did you write It, Captain Freder
icks?" demanded Mr. Schenck.
"Yes," responded the district attor
ney.
"Well, that explains it," naid
attorney, and, turning to the court,
added: "The only thing I wish to say
on this motion is that the rules of tho
(Continued on Pact Five)