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WHO IS YOUR MILK MAH? Why not us? We sell Pasteurized Milk •nd Cream only. Delivered to any part of the city. CREAMERY DAIRY 00. rhonesB7l VOLUME 29, No. 357 Outlook for and Previously Unthought of Technicailify May Win Freedom for Morse and Walsh MORSE AND WALSH MAY YET GO FREE Point of Law Raised in Heinz Trial May Be Taken Advantage of and Indictments Be Declared Faulty. UNAUTHORIZED THIRD PARTY PRESENT Associated Press. New York, Jan. IS. —A point of law brought up yesterday by the attorneys for F. Augustus Heinz, may, if sus tained, free Charles W. Morse and John R. Walsh, both of whom were sentenced on charges similar to those pending against Heinz. The contention of the Heinz attor nev was that the entire indictment against him is void because there was present before the grand jury during the examination of witnesses, “an un authorized third party”—John P. Femsler, a public accountant. The district attorney admitted that Ferns ler had been present but said he was appointed advisedly to assist the grand jury in getting an understanding if the complicated case. But the Heinz attorneys assert that no law can be found authorizing the presence of such a person. The bearing of this on the case of Morse is pointed out by the latter's at torneys in a statement today which says: “If is our purpose to bring Mr. Morse before a Georgia court early next month on n writ of habeas corpus. At that time we shall take advantage of the question which has been raised by Mr. Heinz's counsel. If it appears that there was present during the grand jury proceedings which led to the indictment of Mr. Morse an unau thorized third person, it can be shown that by reason of this fact the court was without jurisdiction to try or sen tence Morse because it had before it an indictment that did not eoine from n lawfully constituted grand jury.” According to announcement made to dav, “both the grand juries that in dicted Morse and Walsh were assist ed by Edward P. Mosey. Fernsler or one of the other experts from Mr. Moxey’s firm which has done the chief work in such cases for the government for several years.” CLAIM PLAN WILL SAVE THE CITY $15,000 Special Dispatch. Austin. Tex.. Jan. 18.—A plan to concentrate the water supply of the citv at the steam pumping -station at the main plant, has been suggested-by Commissioner Bartholomew and will probably be adopted by the city coun cil. It is claimed that by this plan an annual saving of $15,000 can be t* fected. SAN ANTONIO LIGHT AND GAZETTE “THE RETURN FROM ELBA” CURTISS TO TRY 98 MILE ELIGIII American Aviator, If Weather • Permits, Will Attempt to Fly to. San Diego. Associated Press. Los Angeles. Cal.. Jan. 18. —If the ideal weather conditions of yesterday prevail again this evening, Glenn Cur tiss will attempt the unparalleled feat of an aeroplane flight from here to San Diego. People of that city have offered a purse of $5OOO for the flight and that Curtiss will make the attempt is certain. The distance is 98 miles by an air line and Paulhan did 70 miles in less than two hours yesterday over the Dominguez course, while try ing to beat Farman's 144-mile record. If Curtiss makes it today, it will be the first time, so far as known, that man has flown between two places so far apart. ROOSEVELT WRIIES ABOUT SPECIMENS Collection Is a Monster, Ac cording Letter Received at Smithsonian Institution, Associated Press. Washington, Jan. 18.—Former Presi dent Roosevelt, in a letter dated Nia robi. December 15, received at the Smithsonian institute yesterday, in formed Secretary Walcott that the Smithsonian "expedition under his di rection up to that date had collected 8463 specimens of vertebraes. a large number of m.lHuska and other inverte brates. several thousand plants, 2000 photographs alfd other specimens. 16 PAGES MRS.JONES SO ILL MM NOT BE TRIED lA.I ’ . * * 4U 4 *■■ ■—■ ■ — • < ■Judge Dwyer Increases Special Venire of Fifty to One Hundred Men, — Mrs Fay (Heard Jones, whose trial for murder was yesterday set for Feb ! I ruary 7, is so ill at the home of Edwin H. Routledge, 112 Woodward place, that even her counsel cannot, see her, and it is said she is yet ignorant that the date of her trial has been set. The nature of the trouble with Mrs. Jones is not known, but is reported to be nervousness coupled with a physical breakdown and severe cold which may degenerate into something more serious. Until she improves somewhat. Attorney Davies, her lawyer, will not be allowed j to discuss the impending trial with | her. Believing that more than fifty men I will be required from which to select a jury in the trial. Judge Dwyer ana District Attorney Baker this* morning ordor-d that the special venire be in creased to 100 men. It was explained that neither the state nor the defend ant's attorney wished to get half-way ; in the selection of a jury and then find | the venire had been exhausted. Out of ! the 100 men it is believed that twelve i men can he picked equally suitable to 1 state and defense. WILL LAY PIPE FROM TRENCHES TO STATION ■ I Austin. Tex., Jan. 18.—Mayor Wool dridge conferred with the governor to i day regarding the laying of pipe along the river banks from the filtering trenches at the electric light pumping station to the old steam pumping sta tion. The mayor proposes to make the steam station do all the pumping for the city and thus do away with the olectrie station and the expense at tached to it. ISSUES BULLETIN. Austin. Tex., Jan. 18.—The depart-1 ment of agriculture has issued its tri monthly bulletin which is entitled the Dairy Industry in Texas, and which contains much data of interest to those interested in dairy farming. The book let is by C. 11. Alvord, of the Agricul tural and Mechanical college. \ % s *. s *. % DRUGGIST AFTER MISTAKE % % FAILS TO RESCUE VICTIM, % % % \ New York. Jan. 18. —Halloas. •, coatloss and almost insane from ■, ■, anxiety. Frank La Scalia, a ■» •« druggist, spent throe terrible •, hours running about in the win- ■. ■» tn- air yesterday trying to find ’« and save rhe life of Filomcne % fUanielzia. In the end La Scalia *• % failed by five minutes to reaeh ■« , •, the victim of bis error and the *■ *■ stricken man died in the hos % pital. *• . •. ■■ ■. %••%"•%•• ■■ •• %••S S I SAN ANTONIO. TEXAS, TUESDAY, JANUARY 18, 1910 FIVE DIE IN FEUD BATTLE Eight Participate In a Bloody Fight, Firing on Each Other at Close Quarters. ONE IS FATALLY WOUNDED Feud Reopened During Recep tion at House of One of the Families Implicated. Special Dispatch. Mamou. La.. Jan. 18.—In a feud fight here last night five mon were killed and one perhaps fatally wounded. The fight occurred at the home of the Soileau family where a reception was being held, anl eight men took part. They stood in the hallway and continued fir ing until five lay dead upon the floor and one blooding from several wounds, was carried from the scone. The feud was between the Soileau and Carroll families and started three years ago over the division of property. It was temporarily -patched up and members of the Carroll family attended the reception last, night. Carelessly dropped remarks are said to have caus ed the reopening of the trouble. ROCKEFELLER BEING CAREFULLY GUARDED Associated Press. New York, Jan. 18. —Several em ph ves on the Pontocanto hills estate of John D. Rockefeller have been ap pointed special deputy sheriffs with power to carry arms and make arrests within the confines of the estate. Most of the deputies ate former secret ser vice men and their appointment gives credence to the report that Mr. B ® c “ e " feller is being guarded more arefnlly since his life was threatened as report ad not long ago. IGNORE MORGANS NOTE Associated Press. Havana. Jan. 18.—The senate finance committee has leported tn'orabl; tie original bill which provi Ie- for die exchange of the arsenal for the n.a Nueva railroad station, ignoring 1 ,r ' mer Minister Morgan's n-.ifieation to President Gomez that the I p-ted Stn.os insisted upon radical modification of the terms of agreement A Day of Tragic Deaths in H MESSAGE Of DEAIR COMES 10 JUDGE BN BENCH ge Seeligson Calls Upon a Brother Judge to Go on With the Case. EDWARD SEELIGSON DEAD END ERE IT IS REACHED BODY IS FOUND BY NIECE Brother of San Antonio Jurist Passes Away In Kansas City—Goes North. Just after he had empanelled a jury this morning to try the case of F. G. Courtney vs. The Interna tional & Great Northern Railway, Judge A. W. Seeligson of the Fifty seventh district court, received a telegram stating that his brother, Edward Selligson. had died sudden ly last night in Kansas City. Judge Seeligson immediately comma nicated with Judge J. L. Camp of the Forty fifth district court, asking the latter to take charge of the ease and proceed with the trial. This Judge Camp did, and the case is going on. On the 1:25 o'clock train this after noon Judge Seeligson left for Austin where ho expects to receive additional information concerning his brother's death, which max' cause him to make the journey to Kansas City. In the event that the body is not brought back here for interment it is likely lie will go there. Edward Seeligson was at one time in San Autonio, but is said to have left here seven years ago and gone north. He was married last November a year ugo at Kansas City and has since been residing there. The particulars of his sudden death were not received in the message which came to Judge Seelig son. ICE GOUGHS MOVING OUT i Breaks In Several Places But River Men Say That It May Mean Jam Further Down. Associated Press. Louisville, Ky., Jan. 18. —The great ice gorge in the Ohio broke this mom- I ing at several places between Louis [ ville and Wolf creek, the southernmost point. The break seemed to be the re sult of general softening of the ice at all points, but rivermen say it is too soon to tell whether the great field, nearly seventy miles in length, will move out entirely or merely take up a new position further south. SENATE APPROVES $lO,OOO APPROPRIATION Associated Press. Washington. Jan. 18.—To meet the emergency caused by the forming of an ice gorge in the Ohio river near Louis ville. Ky., the senate today approved the *lO,OOO appropriation proposed in a joint resolution adopted yesterday by the house. mw mums MtSfEMS COMING [Movement From St. Louis To night Will Bring Hundreds of Land Prospectors to Texas. Judging from advices received in the city by the Katy, the Aransas Pass and the International A- Great Northern railroads, there will lie a big movement of homeseekers to this section from St. Louis this week. The excursions that are scheduled to leave the north tonight ■will consist of eight special trains over the Katy and several over the Misouri Pacific, which will arrive in San An- Vmio over the International A Great Northern. . Advices received today by W. IL Fitch, southwestern passenger agent of the Missouri Pacific and Iron Moun tain. say that a special train from , Pittsburg, having over 100 persons on | Hoard from that city will reaeh San An tonio Friday morning and will he tak en to Premont, 11 new town on the Ar ansas Pass, near Falfurrias. The Inter nntlonal & Great Northern will also pick up two special ears from the Rock Is land at Fort Worth, having on board some 60 homeseekers from Enid, Okla homa, who are en route to Hbllago, 1 Mexico, 16 PAGES MAN DIES IN ELEVATOR AS IT GOES TO DOCTOR Son Carries Unconscious Form of His Father to a Phy sician’s Office. “Robert, Get Me a Doctor; I Believe I am Dying,” Says Parent Entering Building. | “Robert, get me a doctor quick. I believe that I am dying.” These words were uttered Monday 1 morning at 11 o'clock, on the lower I floor of the Hicks building, by Robert] " eyermann, 51 years old, to his son. 1 Robert, while the two were waiting for j the delator to take them up to the of- ; flee of a physician on the fourth floor j of that structure. After he hud called J for the doctor Mr. Weyermann stag gered into the arms of his son. the form : of the father was carried into the ele-1 vator and the ascent to the fourth I floor began. Carrying the unconscious' form of his parent into the office of Dr. Moss, it was learned that life had left the body and that Mr. Weyermann had .lied in the elevator while it was । ascending. After working on the body for several minutes in trying to revive । the patient, the attending physician ' pronounced the man dead and the body i 1 was removed to the Sloan & Hagy j morgue and prepared for burial. Be-' ; sides his son, who resides in this city.: | Mr. Weyermann is survived by a wife ! and other children in Austin. Mr? Weyermann was a native of Aus -1 tin aud for the past twenty-five years was shoemaker at the Deaf and Dumb institute at that place. He had been 3 sufferer from heart trouble during the past several months and his son ad vised him to come to San Antonio for niedi.-al treatment. He had only been in the city a few days when he died. The body, accompanied by his son. was taken to Austin yesterday for in terment. Tiie funeral was held this af ternoon from his residence in the capi- I tai city and the burial was made in Oakwood cemetery. FREDERICKSBURG SENDS LETTER TD SAN ANTONIO Meeting of Railroad Committee to Evolve Some Plan for Building the Road. A TENTATIVE PROPOSITION An Important Communication From Gillespie County Will Be Received In Morning. First Page—Fredericksburg Sends .. .. Up to noon today there were no new developments in the Freder icksburg railroad matter and the members of the railroad committee of the San Antonio Chamber of Commerce are awaiting some word from Fredericksburg before any further action is taken. The announcement that J. P. Nelson had the assurance of help from E. H. Harriman in the building of the line and that the death of the railway mag natc had spoiled the plans, was an eye opener in local railway circles, and caused a great deal of discussion. Now that Mr. Nelsou. who contracted to con strict the line, has been unable to find the finances with which to-build the road from Waring on the Aransas Pass to Fredericksburg rind bis admission that he is willing to turn his contract over to other persons who could carry out his orginal plans, has set the com mer.-ial bodies of the two towns at work in attempting to find a successor to Mr. Nelson or to evolve some plan by which the road can be built. A long distance telephone message received today at noon Ay the Light and Gazette from the Gillespie county railroad committee at Fredericksburg states a communication has been di reeled to Secretary J. B. Carrington of the San Antonio Chamber of Commerce in which the matter was set forth and that arrangements would be made for a meeting of the two railroad commit tees in the near future. It is thought the Fredericksburg committee has some tentative proposition to make to ban Antonio in regard to the building ot the proposed hue which would connect the two cities by rail. The communica tion from Fredericksburg will arrive tomorrow morning. GOLDEN ROD BUTTER Made at home. Guaranteed of the high eat quality. We churn every day. CREAMERY DAIRY CO. Phones 871 PRICE: FIVE CENTS San Antonio TAKES LIFE IN GRIEF HI DEATH OF HIS MOTHER Gustave Huthmacher Finds Ex istnee Unendurable —Drinks Carbolic Acid to End It. Since Burial of Parent, Whose Favored Son He Was, Often Expressed Wish to Follow. Grief over the loss of his mother, Mrs. Ida A. Wolff, who died in San Antonio July 1. 1909, and continued illness, caused Gustave Huthmacher, 46 years old. to become despondent, and sometime during last night he crawled under the home of Dr. Her man T. Wolff, at 821 Avenue C. and drinking an ounce vial of carbolic acid, died from the effects of the poison. The discovery of the dead body of Huthmacher was made this morning shortly after 7 o'clock, when his niece, Mrs. Herman Wolff, went to call him for breakfast. She saw the form of her unde uu.ler the house with his face turned tup to the floor and when he failed to answer her calls, she had other members of the family go under to see what was the matter with him. The man apparently been dead for sev eral hours, as his body was rigid. By his side was found an ounce bottle of carbolic acid, which had been drained, and the burns around the mouth and face told the story of self-destruction. Mrs. Wolff said: “Ever since the death of his mother, 1 Mrs. Ida A. Wolff, in this home last July, the son had often expressed the wish that he always wanted to die with her. lie was the pet of his mother [ while she was alive and the parting at I her death was extremely He I has talked of her continually since her ! death and we could hardly console him. i Tn addition to this. Mr. Huthmacher suffered a stroke of pararlvsis sixteen I years ago at Laredo and has been in 1 poor health ever since. This and the death of his mother caused him to be come despondent, but we had no idea that he would take his own life. “In warm weather my unclft would never sleep in the house, but made up a bed under the house and would sleep there. Owing to Monday being a regii lai summer day. he went under the house and when I called him last to come out to supper he answered that he did not care for anything to eat and advised us to eat our meal without him. We thought no more of the matter from the fact that he acts in that manner oc casionally and was in the best of humor all dav yesterday and was cheerful. Following the discovery of the dead bodv this morning, it wa« removed to the'Riebc morgue, where it was prepar ed for burial. Mr. Huthmacher is sur vived bv his niece, with whom he resuL cd on Avenue ('. He was a native of Marion. Texas, and had been a resident of San Antonio during the past four vears. The funeral will take place t»- inorrow nnd interment will be made in the Hermann Sons’ cemetery beside that of his mother. SHORT AND UGLY WORD IS PASSED Ja. kson. Miss., Jan. 18.—The lie was passed in the house todav between Representatives Stennis and Robinson. Stennis denounced a statement in re gard to the appropriation measure at tributed t 0 him in the house journal of 1908 as a lie and its authors as liars, declaring he made no such statement. Robinson returned the epithet. The matter was referred to a com mit tee. both withdrawing their, lan guage temporarily. I For San Antonio and vicinity, tonight and Wednesday: . . Fair, colder tonight; wanner H Wednesday. OThe maximum temperature tor the 24 hours ending » o'clock this morning was .6 de -IA/ * re, ‘ 9 ttUd lh ® minimum was »« ” Comparative temperatures for Ethis year and last: ISOS Hit , R 4 a m « W 6 a m *• C is a. 11l j* rf U noon 1 p. »• “ Standing of All Contestants Will Be Found on Page 7