E! Paso, Texas,
f riday Evening,
March 11, 1910-10 Pages
While It's Fresh. aaKnai bHobsKS . aHakaa erfr ay -sb a" - - . j l
W. L. Peahody Says There Was No Understanding with
T. H. Rogers Co. His Firm Often Delivers Direct
to Schools But Rogers Gets the Money and
Pays for Goods at Wholesale Prices.
School board business affairs con
tinue to be a leading topic of discus
sion among business men and others of
tho city. It was even the subject of re
marks at a get-together dinner of St.
Clement's parish 'last night.
The matter of purchases by the board
Is the general topic, the conversation
hinging on certain transactions in
which it is stated that members of the
board have been closely connected with
sales of goods to the schools. Friends
of Kenry Welsch asserted that in the
old days lines were not closely drawn,
and that all he ever did was justified
by precedent. For example, It was
pointed out, that goods from the E. B.
Welch company, in which W. L. Pea
body, chairman of the Internal commit
tee of the school board, is interested,
have gone Into the public schools since
Peabody held offioa.
This was met by the statement that
these goods were supplied to the
schools not by the E. B. Welch Co., but
by T. H. Rogers & Co., who bought
wholesale from the Welch company.
To the query if the E. B. Welch com
m m ftMP yBF IBB m m HE a m m wm
jHlesberg, Colo., March 11. The reservoir of the Julesberg Irrigation dis
trict gave whV early this morning, releasing several million gallons of water
and flooding 17,000 acres of land.
XThIob Pacific tracks were crashed out for a mile and a half and wires are
AboKt 20 feet of masonry gave way and a wall of water 20 feet high
rashed dowa the caHyoB.
The water has aot yet reached Julesberg.
Fert Worth, Tex., March 11. President Taft in a letter received by Sam
Davidson, ef this city, -today says he will visit Fort Worth this fall en route to
Saa AHtealo, where he will address the Transmisslssippi congress. Taft will be
atyeaspaaied by several members of the cabinet.
BLOCKADE IN UTAH
Trains Are Beginning to
More More Damage
by Hoods, However.
Ogden, Utah, Marcn 11. Through
passenger trains of the Southern Pacific
passed through Palisade canyon, Ne
vada, last night and the long blockade
of overland traffic Is now over. There
are more than two "thousand loaded
freight cars west of Ogden, which
start to move tonight.
A washout on the Oregon Short line
near Montpelier, Idaho, has not yet been
repaired and trains continue to be
routed from Granger, Wyo... by way of
Bear river is on the rampage and
great difficulty is being experienced in
placing even a temporary bridge over
TAKE THE STUMP
Austin, Tex., March 11. It is
reported at the capitol today
that governor Campbell will take
the stump before the present
gubernatorial campaign closes
to defend his administration and
fight O. B. Colquitt one of the
candidates and who has fre
quently attacked the present ad
ministration. T : T B
STATE RAILROAD IS
FAR BELOW STANDARD
Austin, Texas. March 11. Engineer
Parker of the state railroad commis
sion, returned today from Palestine,
where he investigated the condition of
the siate railroad. He admitted' that
he found it far below the standard but
refused to enter into details until he
reports to the commission.
SECRETARY DID NOT ASK ITS VIEWS
Washington, D. C, March 11. Arthur P. Davis, chief engineer of the
reclamation service, testified before th c Balllnger-Plnchot committee today
that Ih preparing lists of lands to be restored to the public domain by secre
tary Balllnger, he felt that he was acting under mandatory orders from the
These lands had been withdrawn, witness said by former secretary Gar
field for conservation Had water power kites. '
3Ir- BalliHRer, according to Mr. Davis, repeatedly gave verbal orders that
lands so withdrawn should be prepared for restoration and said that their
withdrawal had been in direct violation of the law and could not be sus
tained. The "prosecution" claims that president Taft's letter of September 13 last
exonerating Mr. Balllnger from the Glavis charges showed that Mr. Taft got
the impressloa from Mr. Balllnger that he had made these restorations only
upon recommendations of the1 reclamation service.
Chief engineer Dai is also declared today that Mr. Balllnger had directed
that lists ol lands to be restored should be prepared slowly, so as not to
attract public attention.
pany was selling goods to the schools
through him, T. H. Rogers replied:
"It Is correct In one sense of the
word and in another it is not. What I
have not got, I get from Welch. Of
course our stock is not, complete. I
have bought considerable stuff from
the Welch" company. I have bought
some teachers desks or' flat top desks
usually used by teachers and I have
bought some roll tops for the schools."
Asked if he bought such goods from
other places In -the city, Mr. Rogers an
swered: "No, I do not buy at other
places," and he also said: "I have sold
goods direct out of the store for the
"There wasn't any understanding be
tween Peabody and myself about his
getting my orders, and there was no un
derstanding with Mr. Welch.
"Prior to the time Mr. Peabody was
on the board, I sold some goods to the
board. Yes, I guess I have sold more
goods since he has been on the board.
(Continued on Page Two.)
ZONE ON BORDER
San Ajitonio Sends Out In
formation That -Diaz Will
Be Asked to Aid.
San Antonio, Tex., March 11. An
anti-saloon and anti-gambling zone 25
miles in width and extending the length
of the International border on the Mex
ican side is planned by the business
men of the Mexican-Texas border. A
petition to" this effect will be present
ed to president Diaz.
It is alleged that undesirable persons
during the Juarez race meet made their
headquarters at Juarez and have since
scattered through northern Mexico and
the border towns.
Governor Creel, it is stated, will in
sist that certain reformations be brought
about before the next race meet at
FALSE RUMOR OF
DEATH OF MORGAN
New York, X. Y., March 11.
There was an unconfirmed ru
mor in London today that J. P.
Morgan died suddenly in Flor
ence, Italy. Urgent measures
were used to ascertain the facts.
No confirmation whatever of
the rumor either in New York,
London, or elsewhere could be
secured and the story is believed
to be without foundation.
TWO MEN HIT BY
A -CAR AND INJURED
Dallas, Tex.. March 11. Phillip Dol
lenar and William Kelchein were in
jured this morning when a Main street
car struck a wagon in which they were
riding. They were thrown violently to
the pavement, Dollenar sustaining a
deep cut on the head and other injuries
which may prove fatal.
HISS I 2 SliPl. y 1 I. i!
Troops Called Out at Glens
Falls,' N. Y. The Phila
Glens Falls, X. Y.. March 11 Com-
.paay K, of the second regiment, was re
quested by sheriff Wasnburn today to
guard' the Glens Falls sallls of the In
ternal Paper company, -where the pa
per makers are on a strike.
Small riots occurred In South Glens
Falls and Port Edvtnrd last night.
At Port Edward a large paper store
house was burned.
Philadelphia, Pa., March 11. Another
effort to find a method for bringing to
an end the struggle between the Rapid
Transit company and its union employes
will be made today by the United Busi
ness Men's association.
This body is represented by 32 organi
zations with 12,000 members. A con
vention composed of delegates from the
trade bodies, religious and fraternal so
cieties as well as commercial and other
organizations will meet .this afternoon
and take steps to bring the warring
The meeting will take the ground that
the general public has some rights in
the present situation and a powerful
demand will be made to end the strug
Meantime the strike committee is
bending every effort to secure recruits
from the big industrial plants. The
general strike has resulted In some
concessions. The workmen at the Bald
win Locomotive works have been grant
ed a Saturday half holiday, and at Mid
vale steel works, where the big govern
ment armor and ordnance contracts are
under way. the men have been granted
! time and a half for extra work.
The Transit company continues to in
crease the number of cars in opera
tion. RAISED BILL
Pedro beita Is Charged
With Attempting to
Pedro Aveita, a Mexican of good an
pearance and flashy dress, ts confined
in the city jail on a charge of attempt
ing to pass a raised bill.
According to the police, he went to the
Angelus bar Thursday night about S
oclock, ordered a drink and tendered a
$1 bill raised to a $50 with the use of a
cigar stamp in payment therefor. The
bartender immediately noticed that the
bill had been raised and sent the negro
porter to the transfer station where he
found policeman Parsons, who accom
panied him on his way back to the sa
loon. Aveita thought the porter had
gone for change so he remained there
until the policeman and the porter re
turned. Parsons asked him where he got the
bill and, according to the officer, he
said he had given a check for it, re
ceiving it from a bank at Globe. Ariz.
He said he did not know it was raised
when It was explained to him, but
later, at the police station he is said to
have told the sergeant that he bought
it for $24 in El Paso Thursday.
Police Have to Eescue Chi
cago "Wheat Speculator
& London. Eng., March 11. A
& dispatch from Manchester says
James A. Patten, Chicago grain -
speculator, was hooted off the
Manchester exchange this aft- $
- ernoon and subsequently fol-.
& lowed through (the streets by a -
- large crowd. He was abllged -
& to seek refuge in a business -
- office. &
Patten was roughly jostled,
& in the exchange before he was $
hustled out into the street. $
Eventually the police came to ,-
his rescue and prevented the &
& hostile crowd from following
the speculator into the office, &
where he found temporary
& safety. .
$ Later he was smuggled out
and driven away in a cab.
SUIT UNDER WAY TO
OPEN SOUTH OREGON STREET
It required all day Thursday to secure
a jury in the case of the city vs. W. W.
"Wiley whom the plaintiff seeks to dis
possess from OCpUnvtntr nart nf SmifH
j Oregon street on Eighth .street, where
ne nas a saloon.
The jury was completed last night
and the case opened this morning with
the following jurors in the box: TV. Mc
Lees. S. Ravel. C. A. House, R. B. Van
derwater, George TV. Roberts, George P.
Pickens. TV. F. Clyde. G. Q. Willis. A
G. Ferris, TV. T. Wallace, F. W. Love
lady. COMMISSION ADDS MORE
MEN TO EXTRA POLICE LIST
At a meeting of the police commission
held Thursday afternoon five men were
added to the extra list of the police de-"
partment. They are C. G. Henderson F.
A. Williams, Howell Cobb. I. A. Gutier
rez and J. D. Thompson. No other busi
ness was transacted.
SUIT TO REMOVE TITLE. -
Emil Kienle has filed suiit against P.
X Donnelly and wife in the 41st dis
trict court to remove cloud to the title
of part of lots 27 and 28, in block 7,
Magoffin addition, which includes the
five room residence at 1201 San Antonio
L. G. Cavender Victim of a
Bullet; Slayer Says He
Took Him for Robber.
SLAYER IN JAIL
Li. G. Cavender, an American soldier
about 30 years of age, Is dead, a .38
calibre bullet having pierced his brain;
Charles Phillips, a carpenter 49 years of
age. residing at 402 South Santa Fe
street, is confined in the city jail
charged with the killing, wnlch oc
curred shortly before 1 oclock this
morning at the residence of Maria Ar
rieta, of 402 South Santa Fe street,
where Phillips had occupied a room for
tho past 10 or 12 years.
Phillips claims that the deceased at
tempted to burglarize the house" and
that he shot him, but the police are con-
ducting a rigid investigation in order
to-determine the cause of the killing.
At the city jail this morning Phillips'
told the following story: "I am 49 years
old and have lived at the residence of
Maria Arrieta for the past 10 or 12
years. I was formerly a railroad man,
though I have not worked at that bus
iness since 1898. Prior to that time I
was a conductor on the Mexican Cen
tral, running south from Juarez.
"Thursday night a little after 12
oclock, while I was sleeping soundly
in my room, which is In the rear of that
occupied by the two women, I was
aroused by the young woman, Cipriano
Relies, knocking at my door and calling
Robbers have got my -things," or some
thing to that effect. I jumped from
mj- bed, dressed only in my undercloth
ing, grabed my gun and rushed to the
front room about 10 or 12 feet distant
I saw tho old woman in bed and a man
was standing In the door. I said 'Hold
up your hands, or 'What are you doing
here?' or something like that; I do not
remember exactly what I said. He
never spoke but threw his right hand
back toward his hip pocket and I
fired. He fell to the ground instantly.
"Then I turned around and saw an
other man; I do not recall whether he
was standing or sitting, but I said:
'Come with me.' to which he replied:
No, I will go to the police station.' I
insisted that he come with me to my
room, saying I would go to the police
station with him.
"When I turned to put on my shirt
he was gone. I dressed and immediate
ly came to the-police, station aud sur
rendered. "I cannot teH all that happened last
night because I was excited and every
thing happened so quickly. I was ex
cited because the house next door to us
had been robbed at least a dozen timea
during the past year and that Is why 1
grabbed my gun and shot when I saw
the man at the door."
Cipriana Relies, who is 'well, known
to the police and to all residents of the
section where she resided for several
months. In a way corroborated Phil
lips's story. According to the police,
when officers went to the house this
morning she said: "There is a room to
rent to the right of the one Maria
Arrieta and I occupied. The deceased
came to the house last night after 12
oclock and asked to rent a room. I
opened the door and he came in; he
grabbed me and slipped a ring from my
left hand and said to a second man
who accompanied him, 'There Is the
ring,' throwing It on the dresser. 1
screamed and Phillips came rushing out
and shot tho man.
"His companion took a watch from
hl pocket and said he was going to tho
The police say that no companion of
the dead man ever came to the station.
The Bullet Wound.
Cavender evidently died immediately
after he was shot, as coroner E. B. Mc
Clintock, who went to the scene about
2 oclock, found him lying inside tho
door W'ith a .3S caliber bullet wound
through the brain. The bullet had en
tered a little over the left eye and had
come out in about the middle of the
back of the head, leaving a wound the
size of the circumference of an ordin
ary leadpencil. He was well dressed
and is said to have been a soldier on
leave of absence.
From a memorandum book found on
his person, justice McClintock deter
mined that he was a -soldier and ordered
tho remains removed to a local under
taking establishment, where he was
identified this morning by a soldier
from Fort Bliss as having been a sol
dier. There was an empty envelope In his
coat pocket bearing the postmark of
Waverly, N. Y., and the police express
the opinion that he may have relatives
Coroner McClintock has not arrived
at any decision in regard to the killing
and will not do so until after the exam
ining trial has been held, which will
probably be today.
The house in which tho killing oc
curred is In a section which has been
watched by the police and does not en
joy the best name.
Comment around the police station
and courthouse this morning was to th.
effect that there may have been a
woman mixed up in the case.
Story of Killing.
T. B. Paxton, of 3131 Bliss street.
East El Paso, told the following story
of the occurrence this morning: "Ca-
(Continued on Page Ten.)
Colemnn, Tex., March 31 A gang of yeggmen captured yesterday near
here confessed to robbing the poMoffice at Novice and other safe blowing
escnpndes in nrious parts ol the country.
Those in the grnnc nre A. E. Perkins, George Davis and James Fielding.
The officers believe the arrest nlpp"d in the bud a plot to rob more banks,
stores and postofricei, as n large amount of nltro-glycerlne, dynamite fuses and;
caps were located.
Other arrests will follow.
Providing the plans of Lewis W. Teel,
of the Southwestern Motor works, and
P. H. Manning, jr., S04 North Stanton
street, materialize. El Paso within six
weeks will be the scene of a second
conquest of the air. They have com
menced assembling material and the
paraphernalia necessary for tho con
struction of an airship.
The aviation grounds will ba located
about three blocks east of Fort Bliss
and the soldiers stationed there will
be shown the practical uses of the
craft if all goes well.
Mr. Manning, who will construct the
biplane, a brother of Miss Mildred Man-
f nin&s, of tlie Majestic theater, is visit-
ing at the home of his brother, F. K.
Manning 804 North Stanton. He arrived
from Chicago a month ago to witness
the flights made by Hamilton in El
Paso. In the parlance of people of tne
sawdust ring, he is a "balloon jumper,"
having made balloon ascensions for a
number of years. He was formerly con
nected with G. H. Stevens, a dirlglDlc
' balloon builder, of New York, ard has
made flights with him. Mr. Manning
has also witnessed the nights m ).de by
Washington, D. C, March 11. The s enate committee on territories today voted to report favorably oh the New
Mexico and Arizona statehood bill, after adopting an amendment against disfranchising- Mexicas voters. All tie
Democrats except Clark (Ark.) opposed the amendment. If not added it would have made the sew states Democratic.
Lands as in the house bill are granted for educational, charitable and penal institutions aad for the payment ef
bonds and interest for Grant, Santa Fe, Pima and Yavapai countiea. A, million acres is granted to each, state.
The bill prohibits liquor on Indian' reservations for 23 years. No election can he held to change the capital ia
either state till 1925.
Arizona electors are all to be entitled to a vote who voted In 190S. New electors, hereafter must read, a sec
tion of the constitution and be able to sign their names. ,
In Arizona ten days after a proclamation by the governor,' a county board caa make a
u mm tu
Is Still Grinding Out the
Politics of the State Boot
and Hughes Lose.
Albany, N. Y.. March 11. George H.
Cobb, of Watertown, was last nighty
elected president pro tern of the New
York senate to succeed senator J. P.
A telegram which senator Elihu Root
sent from Tashington urging the elec
tion of senator Harvey D. Hlnman, an
appeal In Hinman's behalf by governor
Hughes at the eleventh hour, and the
influence of the federal administration
at Washington proved unavailing
against the organization forces headed
by chairman Timothy L. Woodruff of
the Republican state committee.
Although ostensibly Cobb's victory, it
is a triumph for Woodruff and the
"machine." The beaten side declares
that Woodruff's Influence is less re
sponsible than the will of the individ
ual senators. The state senators bit
terly resented that dictation that,
might discredit theiry otvn importance
and authority with their constituents.
Ever since governor Hughes took of
fice an effort has been made to break
up the coalition of the old local bosses.
How well this has succeeded was shown
by Cobb's election. Local leaders who
have retained "ir ovrer. rallied
around Woodruir and Cobb was chosen,
not because the organization consid
ered him the ideal candidate, but be
cause he is the strongest weapon with
which -to defeat Root and governor
Washington, D. C, March 11. Appar
ently considerably disturbed over de
velopments at Albany vice President
Sherman and representative McKinley,
chairman of the Republican congress
ional committee, called to see president
Taft today. "I "K"as not Pleased with
the election of senator Cobb," said vice
president Sherman. "The other selec
tion (meaning Hinman) would have
meant plain sailing for the campaign
with no clouds or squalls in the way. I
would not-say the course of events com
plicates matters, but it certainly dis
Willard, Curtis, Knabenshue and the
The biplane which he and Mr. Teel
propose to construct will be a double
deck affair, six feet wide and 31 feet
long. Spruce and bamboo wood, braced
with No. 16 piano wire, and covered
with oiled silk, will form the real plane.
The engine which the ship will carry
is boing made by Mr. Teel. It will be
a four cylinder, 40 horse power. The
assembling of the varibus parts has
been commenced. The biplane, although
it will have a number of features used
in -other ships, will be different .In a
number of respects.
Improved Steering Gear.
"One of the Improvements," Mr. Man
ning stated last night, "will be in tho
steering gear. I am not at liberty to
make a definite statement, as we expect
to patent the feature. The engine will
also be different, as will be other
The engine is expected to weigh about
350 pounds and it is thought the air
ship when completed will have a car
rying capacity of from 900 to 1000
pounds. It Is proposed to carry pas-
Mr. Manning has made a study of
airships, and believes the one lis
San Francisco, Cal., March 11. Two hHBdred persons sleeping" ia a. four
story apartment house on Octavia and-Hays .streets aad la two smaller heoses
adjoining, were driven OHt early this m uraiag by fast spreading- flames that
destroyed all three buildings.
Several firemen were cut by falling glass.
This followed a general fright all over the city by rather a severe earth
quake shock last night.
AT FORT WORTH
Addressed a Woman on the
Street and Crowds Get
Fort Worth, Tex., March 11. With the
Dallas lynching of a week ago fresh In
thejr minds, the negro. Bird Lee, Is
strongly guarded by police during his
trial in the city court today. He was
heavily fined for following and ad
dressing a well known white -woman.
The woman's husband attacked the
negro as he was beii.s: ld to his cell.
Denison Takes Precautions.
Denlson, Texas, March 11. The ex
amining trial of Clifton Butler. Allie
Mingo and Mrs. I. A. Rich, charged
with the murder of Wesley Higdon was
held here today and all three bound over
to the grand jury without bail. Strong
evidence against them was Introduced.
The prisoners were closely guarded
and removed to the Shermaa jail imme
diately following the trial.
( WHALE CAUGHT NEAR.
4 PORT ARTHUR, TEX. 4"
Port Arthur. Tex.. March 11. 4.
i- A 90 foot whale, which was cap-
fr tared near here, was brought to
the docks and tied in the slip
midnight last night and will be
f on exhibition there several days.
Railroads are arranging ex-
curslons Beginning tomorrow
4 from points in Texas. Arkansas $
and Louisiana. Professor New-
man. head of the sociology de-
5 partment of the state university,
4 will leave Austin for Port Ar-
thur tonight to examine the big
f fish. 4.
5' 4- 4'' !
CUT COUPONS FROM THE HERALD
Saturday The Herald will print the first coupon for the Crawford vaad
vllle shows next Monday, Tuesday and Wednesday. Monday aaother csJIJr
will be printed. One of these coupons and tea cents, if broaght to The
Herald office, will be good for a seat anywhere la the ioase on Moaday, Taea!
day or AVcdnesday nights or at the Tuesday mariacc.
The tickets must be bought at The Herald office, however, as coupons
will not be good at the Crawford box office. Tickets boaght there will cost
ten, twenty and thirty cents. AH tickets, if bought at The Herald effice aad
accompanined by Herald coupons, will be tea cents. Thw. yoa save tea to
twenty cents on n seat, if yon belong to "The Herald family."
Two shows are to be glvea nlgutlyt 7:30 and 9island as the tickets
will be good for cither performance oa either eveaing or at the Taesdar mat
inee, everybody ouxht to be able to get a thirty ceat seat for a dime. The
first t arrive get first choice of seats at each of these performances. The
Herald makes no discrimination.
Watch for the coupon and save it; tickets cost the regalar price If yea 1
aven't got The Herald coupons.
and Mr. Teel have under considera
tion will be a winner. Owing to th
air being so light at El Paso, consid
erable more' resistance must be offered
by the ship than would be necessary
In lower altitudes. This was shown by
the fall experienced by Hamilton
while in El Paso.
Will be Completely Under CoKtroL
"The ship, which we Intend building,"
Mr. Manning also stated last night,
"will be so completely under control
of the aviator that It will be made to
rise from the ground after running a
distance of 20 feet- The engine wilt
also be equipped so that the aviator
can stop or start the motor at will, no
matter how high or low in the air."
To Operate Near Fort.
The biplane will be constructed on
the aviation grounds near Fort Bliss by
Mr. Manning, and it is thought it will
be completed within a month. The en
gine, which is being assembled by Mr.
Teel in his shop at California and St.
Train streets, will be ready f,or ser
vice within six weeks, and then the
flight which Mr. Manning proposes to
make, will be heralded. In the mean
time Mr. Manning expects to construct
a "glider" at the motor shop. It Is pro
posed to sail off the hill back of the
shop as a test
Sew zesigtratoa ef
SMITH WORKS FOR
Congressman From This Dis
trict Urges Appropria
tion by House.
Washington, D. C, March 11. Repre
sentative W. R. Smith, of Texas, ap
peared before the house ways and
means committee today advocating the
bill for the Issuance of $30,000,000 gov
ernment bonds for the continuance of
tho reclamation service work.
This measure has been recommended
by president Taft.
PRUTTT POOL SELLING
CASE AGAIN POSTPONED
Chringio the illness of Dan Jackson,
his attorney, the case against Johnny
Pruitt, charged with pool selling, ha
been continued again. County attorney
Bridgers had hoped to try the case to-
I day or Saturday, but it mnst now ba
postponed probably until the first week;
In April. Next week will be nonjury
week when civil cases will be tried in
the county court and therefore the case
cannot so to trial during he next 10
HIT BY A TRAIN.
Abilene, Tex., March 11. Capt., Bill
Ellis, a pioneer cattleman and owner
of the ranch in Callahaa county, who
resides here, was struck by an easi
bcund Texas and Pacific freight train
this morning and seriously Injured. His
right leg was cut-off. Ellis was stand
ing on the track watching the west
bound train when hit- He probably will
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