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All the Xews Herald Prints It First While It's Fresh. Evidence Is So Strong Against the Prisoner That Judge Concludes It Is Kot Right to Allow Him to Have His Liberty During the Trial Evidence of a Druggist Very Damaging Against the Man on Trial Wife Hysterical-. Kansas City, Mo., April 28. Hugo Brecklein was recalled to the stand this morning: when the Hyde murder trial began and questioned by attorney Walsh for the defense- Brecklein's tes timony yesterday was considered -ery damaging to Dr. Hyde. "Is cyanide of potasium used inter nally in quantities of one grain for cases of acute rheumatism, cleaning silver and dropping into the eye, etc?" asked Mr. Walsh. "It is." replied Brecklein. Mr. Walsh attempted' to show that cyanide was put to many more common uses. Mr. Brecklein said he had sold poison so few times that he could only refer the attorney to what the books said. Yobrs Swope Testifies. Thomas H. Swope, jr., then told of finding capsules which Dr. Hyde had thrown away on the street and of recognizing the odor they emitted as cyanide of potasdum. "December 18 -while walking down Pleasant stre-et in Independence," Swope said, "I saw Dr. Hyde approach ing me. A block from me he crossed the street. Just alter he stepped off the sidewalk, he dropped something and stepped on it. When he passed on I found a broken capsule in the snow, x picked it up. Going home, I noticed a peculiar smell about my hands. It was like burned almonds. Later I recalled that I had smelled that odor before, it was cyanide of potasium. Mr. Swope worked in a mine in Tono pah, Nevada, and said he had used cy anide in testing gold and was familiar with Its odor. Chemists later verified his belief that the capsule contained cyanide. Bond Is Revoked. Dr. Hyde's bond of $100,000 was re voked and ,the physician was placed in the county jail by the order of judge Active Construction on Rail road From Whitewater Into This Rich Camp. CHEMUNG COMPANY IS BUILDING IT That at least five miles of railroad grade is already built between White water, ICew Mexico, and the rich mines in the Burro mountains of New Mexico, ta the dec, Uon at . . m one of the best known mining men m the southwest. Mr. Wayne is the man who reference to the constipation and formed the Savanna company and later .. eoi)es :hts consolidated the Chance and the Top i ie oetpiei, rj0uus mines in the Mogolions. also near Silver Mrt Colamtt poke for two hours, his City. The Savanna is in the Burro speech being amilar to those he has district to which the railroad is now delivered since he lert south Texas. He buildings I anilo:ullce(- that ihe was asainst the sub- The completion of this line of roa5- fitting of a. constitutional amendment from Whitewater, which is on theSan- and or course, against statutory prohi ta Fe's Silver Citv branch line, is ail : bition. He made- the local self govern- that the Burro district needs to make It one of the richest copper producer in the southwest; not alone copper, but zinc. Iron and silver, too. 'Mn Wayne says this and other mining men are of the same opinion and have been for years. The Phelps-Dodge company is heaviily interested in the district, which is one of the guarantees of its richness for this company has never made any investments in poor propo sitions. Phelps-Dodge Co. Interested. The Phelps-Dodge company is said to bi behind the railroad, but this has been denied by general manager H. J. Simmons, of the Southwestern raiiroad, the Phelps-Dodge railway cor poration. James Douglas is in active charge of the construction work of) the railroad, but Mr. Simmons says rhat Mr. Douglas left the Phelps-Dodge company, of which his father. Prof. James Douglas, is president, and has taken service with the Chemung Copper company, which is nominally building te line from Whitewater to the Bur .'os. Mr. Douglas, jr., was formerly manager of the Phelps-Dodge Mexican properties, with headquarters at Naco vari, Sonora. Difficult Construction "VVorlcT Mr. Wayne declares that there is f Continued on Pzge Two.) ALBUQUERQUE TRYING TO INJURE THE DAM AlfeHQuerqne, X. 31., April 2S. At a meetlnpr of the Albuqnerque Com mercial club-last night it WC8 decided fo hold a joint mas meeting in this city May 11, fa nhicb all cities of aorthem New Mexico will be invited to par ticipate, to protest ajjaiast the attitude of the roi eminent in preventing the ceBKtrHCtioa of storage reservoirs above the location of the Elephant Butte dam. v X.atshaw at the close of the criminal court session last night. This action means Dr. Hyde must remain in prison until he is declared Innocent by a jury, or is permitted by the court to furnish a new bond. The action of the court was due to the nature of the evidence presented by the state against dA Hyde. With out notifying any one of his intention, judge "Latshaw summoned county mar shal Joel B. Mayers into the court room, after the jury had been removed and said: "In view of til; testimony that has been thus far given in the trial, the court is constrained to say that it amounts to a presumption that, under the law, deprives the defendant of the right to go on bond, and "he is hereby remanded to the custody of the mar shal." Mother and Daughter. Mrs. Hyde stared at the judge as he spoke and when he had finished she threw her arms about her husband's neck and sobbed hysterically. Mrs. Dogan O. Swope arose from her seat and hurried from the court room as soon as she understood the Import of the judge's words. Later when she met Mrs. Hyde standing with an at torney in the hall, sobbing, she passed by quickly, boarded her automobile and went home. Attorney Protests. Scarcely had the court ceased speak ing when attorney John Lucas, repre senting Dr. Hyde, had the following statement entered into the record: "The defendant maintains and al leges that the remanding of him to the county jail, pending the trial of his case, will have the effect of pre- (Continued on Page Six.) Takes a Rap at Them and Calls Them Embezzlers of Constitutional Rights. ADDRESSES VOTERS AT BIG SPRINGS Midland, Tex., April 28. Hon. O. B. Colquitt, candidate for governor, ad- i , TJ. I S ?-? HoTof lET- ,v"ho. ttii1 him frr bi- nn-i'nn Hient armment and begged that the peo pie of Texas be given a rest from ixli- tieal agitatfion. He was more severe on Davidson than either of the other candidates, though each one came in for his share of notice. He spoke in favor of fewer 3aws and said the people needed a rest so that they could adjust themselves to those -laws Falreadv on the statute books. Mr. Col quitt carries with him a copy of the constitution 'to which he refers repeat edly. He defended those legislators -who dis regarded the Democratic platform and said that each representative had the right to abide by the sentiment of his district. He argued that prohibition was a rmoral question and shond -ibe settled out side of politics. He accused the prohi bitionists of trying to tlirow the respon sibility of settling this matter upon r"nTi-n '"n fl lecrisln-ture '" sinners in tne icmsitu-ure. He said: "Man's appetite is God giv en and no law can change or curb kiat which the Almiphtv power cannot." He ' rapped Dr. Eankin a time or two but was li-hter on all of his opponents than the people expectea main to ne. ( Ha mvniiui rntjr. ti i v z.n -riTTpni. n-r. T.na people fk Texas were trying to change ! (Continued on Page Seven.) Paulhan Wins Big Purse for ' Sailing From London to Manchester in Air. GOT STARTED AS ENGLISHMAN SLEPT Manchester. England, April 2S. The first aerial derbj' for a prize offered by an Englishman has been won by a Frenchman and handsomely. A late sleep cost an English aviator $50,000. m Louis Paulhan, lately returned from America, started from London late yes terday afternon in an attempt to win a prize of $50,000 offered by lord North cliff for a flight from London to Man chester In 24 hours, with but two stops, arrived here at 5:C0 this morning, al most exactly 12 hours after starting. Paulhan was benumbed with cold and , thoroughly exhausted, when he landed, but a big crowd, which had watched him coming steadily as a steamer on a smooth sea, gave him an ovation. Graham White, the Englishman who also started but who was compeled to descend 60 miles from Manchester, wired congratulations. Paulhan did the last 24 miles in ex actly 24 minutes. The winning of the prize Involved one of the most sensational contests ever seen in Great Britain. It was a race between Graham White, the English aviator, and Paulhan, a Prenchmait. White, a few days ago, attempted the trip but was compeled to desist and descend at Litchfield, after covering 115 miles. Paulhan ithen ap peared on the scene and th'e two avia tors made hasty preparations for the flight, each striving to be first at the start.. Paulhan stole a march on the Englishman, ascending from Hendon at 5:20 p. m. yesterday. White, who was sleeping peacefully at the time, was apprised of this fact and made a quick start from Park Royal at 6:30 p. m. Paulhan, flying .high, and fast, covered 117 ,miles ,befr lie landed.-making; that distance- intwo hours and 50 minutes. He descended at Litchfield at S:10 p. m. and rfeascended at 4:09 a. m. to complete 'his journey. White succeeded in reaching Reade, a distance of about 60 miles, descending on account of darkness at 7:55 p. m. He managed to overcome some of the handicap by starting again on the long Journey to Manchester at 2:50 a. ' He landed, however, at Polesworth, which is 60 miles from Manchester. CREEL TO HOLD DOWN TWO JOBS "Will Continue to Be Gover nor If He Becomes For eign Minister. Chihuahua, Mex., April 28. While Gov. Creel has given out nothing offi cial vet about his appointment as min ister of foreign relations in president j Diaz's cabinet, it is known, too, he is preparing to leave for Mexico about Sunday next. It is known, too, that Jose Ma. Sanchez, who was act- -ng governor when Mr. Creel was Mex i? to b chosen for the same, position " "T'VZSZS, """ will not resign the governorship. .RESCUES FAMIL.Y: MAY DIB FR03I HIS BURXS. Tulsa. Okla., April 2S. H. M. Delaney received burns which probably will cost him his life, while rescuing his family from a fire which destroyed their home early this morning. All were asleep when the flames broke out and the build ing was soon enveloped. He carried out his wife and two children. H. J. Maple, of 513 Corto street, un derwent an operation yesterday at a lo cal hospital for appendicitis. He is doing well. TRANSFORMATION OF A Music ana Southwestern Sun Also He was a grouch; it was visible to everyone who saw him, for his face was -,,-, ,,- t. a .. 4.. crinkled ana his mouth oroopea at the corners in a manner that only the mouths of grouches do. He was young i duc ne naa sourea on tne worm, ana me ' I world on him. He haa forgotten how to smile. But he is now curea. The 1 brownea by its heat, yet healthy, hanv. haa wonaerea before why El Paso chil wrinkles are still there but they form a j frolicsome chiiaren, romping ana playing ! aren were all aressea in white. It seemea smile insteaa of a frown. j on the grass. One of them came to the so expensive to aress chiiaren in white Sunday he went to Clevelana square j grouch ana smilea at him; it hurt, for it ana he askea the boy ana the boy tola ana he haa the grouch with him, in fact aia not seem natural, but the grouch i him. he haa not been without it for a long smilea back. "jjy ama savs it costs lots of money time, but he lost t up there in front of I There was contagion in the smile of to keep my white clothes clean, but she the big banSstana at the rear of Car- i that little curl" hairea boy in his blouse ' knows they are best because the sun negie library. A little chiia curea him. ' As the soft strains of an Italian opera floatea out across the green, the lines in the grouch's face relaxea. He actually J found himself enjoying the music and . Sweeney Resigns and Mc Ghee Is Elected an Alder man; Fassett City Clerk. THANKS VOTED TO RETIRING MAYOR It is not mayor Sweeney any more. It is plain Jos. TJ. Sweeney. He is not an officeholder any longer. At 12 oclock Thursday, April 2S. mayor Sweeney ceased to be and mayor Robin- son came into power. At the morning session of the city council, after he had read the pro- posed new franchise of the water com- pany, mayor Sweeney tendered his resignation. THe city clerk read It. The mayor arose to speak but hesi- tated; a lump gathered in his throat, tnere was a sod m nis voice ana twice he stopped to take a drink of water. He said: "In tendering this reslgna- MAYOR ROBEN'SOIT. tion, I want to thank you for your sup port, for the manner in which' you have held up my hands during the time that I have been In office. I am leaving the mayor's office because I have devoted" so much time to the city with detriment to my own interest, though I shall nev er regret a day that I have devoted to the service of the people of El Paso. "I have not always had the most pleasant situations to deal with; I have made enemies by the enforcement of my policies, but I do not regret that and I am proud that I have made ene mies in serving the people, but I go out of office with 'malice In my heart to ward no one. "For nine years the people of El Paso have supported me and elected me to office, supported me to a greater ex tent than I have deserved and I feel grateful toward them. "My only regret in leaving office is that I leave this body of men with whom I have been intimately associated and from whom I have received such strong support for the past three j'ears. We came In here practically strangers and now I leave those whom I consider my best friends. I am proud of the fact that we have never had any dis sensions. "I understand that Mr. Robinson will succeed me. I want to ask you to sup port him. I would have been unable to accomplish anything without your support; I would have beep a jfallure without It and he cannot do anything unless you hold up his hands. "Keep down all personal grievances between one .inother; we have had none and I hope you shall have none. I thank you, gentlemen." A Word of Praise. The mayor remained standing and al derman Blumenthal, arising, addressed his as follows: "I want to express my sincere thanks for what you have done for me and for El Paso. In accepting your resignation we do so with regret. (Continued on Page Seven.) Y Help' To Chase the Grouch Away. he lookea up when the selection was fin- j ishea ana again heara music; not that of the bana, but the music Of chliaren's j VUitCO. Pretty children they were, with hair ' flying in the hreeze; pretW chubby faces, kissea by the southwest sun, ana little : bare arms ana bare legs as yet not I ana Russian knickerbockers, ana the man . smilea again. The little fellow crept ' closer to him ana soon they were chat- ' ting like two oia cronies and the hoy was telling him ail about mama ana , California Man Tries to Pur chase Townsite for $25,000 After Seeing Well. DRILLERS MAKE FINE PROGRESS camp csty, x. m., April 28. Repre-i senting a syndicate of Cnlifornians, a. man made an offer yesterday to the owners of OamD Citv townsite. accord- ' j . , .,. s,,m" rtf 59- nnn fer their holdings, but they Tefused it. He made the offer after taking a look af J the well and i0oam, over conditions generally in this region, I All of the land in this township and for two miles out of the township, has ! 1 stake.l off and claimed by persons A0 j,ave faith, in the field and believe thnf jj- AVii produce oil j, p Fpiti f t-np William Jen- " " rv, ;Bvi i,n boa- .w?Q.ir and went on to Alamonordo to file on claims 'he staked out the other dav- ilr. j Fegan used to represent an oil conmany i in, the southwestern commercial neM. and he snfys.Gamp City oil prospects look crood to him. ) I The drillers are making splendid prosr- j j ress in clearing the well of the sand in , j their endeavor to reach the drill and re- ' j strnie work. They have got down S00 j ' feet and have gone through 230 feet of the sandlock which has been holding down the drill. The gas bubbles are still j noticeable " in the water pumped out. j As the depth or the well as 2 0) feet, ! the drillers cmrbt to eet to vhe anil some time today if nothing happens to rexaru tne -worK. It was a Tucirmean comoany and not a luiarosa comoany tnat was rormeu for the purpose of erecting a derrick and shilling for oil on filings made bv the people of that town. ROOSEVELT IS TfrnW Tt$ "BSTTSSELS Joined by His Fannlr, He Journeys From Paris to Belgium. Paris. France. April 28. Mr. Roosevelt's visit to Paris, dur- 1ng which he was showered with honors terminated today, when, accompaniqd by Mrs. 3 Roosevelt, Ethel and Kermit, who joined him here, took the '- morning train for Brussels. The family was given an en- thusiastic send off at the rail- -- way station. c Brussells. Belgium. April 28. - The Roosevelts arrived here from Paris at noon. Their - -- welcome was most cordial. & There was a great throng at $ the station when the train ar- $ rived and Mr. Roosevelt was & loudly cheered as he was offi- & cially welcomed by burgo- ' -4 master Max and baron de Moor, - $ aide-de-camp to king Albert- FAMTIjY STAR.VIXG? STEALS - BACOX; 2 YEARS IX" PEX "Weatherford. Texas, April 2S. S!d Leftwich, of Peaster, near here, received a sentence 4 of two and a half years In the - penitentiary for the theft of four sides of bacon, taken, he says, to keep his" family from - strvlng. An effort probably -fr will be made to obtain a par- - don for Ief-twlcli. SETTLING A STKISvb. ' Kansas City, Mo.. April 28. Ninety percent of the coal operators in Mis souri, Kansas, Oklahoma and Arkansas met today to formulate a proposition to submit to S5.000 striking coal miners in the southwest. The miners have al ready submitted the proposition to the operators ,and a joint meeting prob ably will be held tomorrow. By C, A. Brann papa. The woria haa lost but the bahv haa- won, ana the man went away filing. He soon came back, ana he j ! founa the bov a secona time ana he for got his grouch for all time, Then he saw other chiiaren, he noticea how happy they were, how carefree ana how they were aressea in white. He can creen through anarthe sun is fi:ooa for little hoys, yes, ana little girls, too, an' I like 'em." Ana the grouch aamittea that he dia. too. ALD Water Company Balks at Stipulations That Limit Company's Earnings. ON OTHER POINTS BOTH CAN AGREE New Franchise for Company T Tv,-,3 t,Vw4- Council. The new minimum charge for vrater Trill be $1-25 a month, instead f 9 ,-ent, the old rate, provided the city and water company reach. agcecHi t ea one olher point. The new charge per thousand will be 35 cents instead, of 28 cents, tie eld rate, provided the company accepts the terms the city seekx to impose. The International "Water company tvHl at once not in over $400,969 wertls of work and agree to furnish the city with an ample supply of bht naesa water. I The city will regulate and decide ae matter of mininsana. charges is -tenement houses. The receiver will be discharged after-the city ana company reach an agree ment. Federal Judge Iaxey refused to take the responsibility far fixing a rate or deciding the minimum rate matter In reference to tenements, hat referred them to the city. Master in chancery J. D. Sayers, ex-governor of Texas rec ommends the new rates, afte5r lengthy conferences with water officials ana city officials, and judge Maxey referred It all to the city council. The council ana the water officials agreed at once on all bHt one clanse in a new franchise; that clanse regulates the amount which the company can earn and the com pany objects, officials believing It too small. The city council Thursday morning determination to end the" trouble In the granting or a new francnise. Just as ; the council had finlshedthe other busi- ness of the day. city attorney Coldwell arrived from the federal court and W. II. Burges, attorney for the water com- , pony, came at thesame time. Mayor Sweeney then saia: "We have States court Thurrsday morning ac been engaged in an endeavor to adjust . cepted the supplementary report of ex- the water matter. Wc Iiave agreed on ever3 point except one. The water com- j .. .. j ..-v.... ....... v. &,t wv.&c.iGi vu j uc viioigcu. xae men referred it DUCK one point. to the city ami the water company, as "I have here an ordinance amending j a basisupon which a new contract could the franchise of ""the water company. ' be entered into between these two par The improvements recommended by ties with a view of carrying out the exgovernor Sayers and engineer Hunt j recommendations made by the master will be Inserted, then the schedule of in his original report to the court In rates; third, mesa water; fourth, an op- which he held that rates should be In tion to purchase the plant in three , creased to enable the company to make years from the present time at values to $225,000 on Its Im-ftst-menf-- j be fixed by an amount to be determined upon then; the 640 acres of land not ; plementary report of the master and to be valued at more than $62,000. Land , Immediately upon the announcement of Is Increasing In value and this insures j the court's finding, the attornevs for to the city of EI Paso that no matter I the city and coanpanj' left the" court what the increase in values no more j room to take the nnatter up with the than this amount shall be paid. city council with a view of formulat- "In the event the city and water Ing a new contract which would In company cannot agree on -the price to elude the findings of fact contained In be paid, then arbitrators shall be ap- ! exgovernor Sayers supplementary re pointed. The arbitrators shall not be port residents of EI Paso, shall have no real j Agreeable to CoHrr. eii.u.ie ueie. &ub.u nave no interest in (Continued on Page Seven.) f (Continued on Page Seven.) REPORT OF THE MASTER TO THE FEDERAL COURT Xo. 5D. In Equity. In the United State CircHit Court, "Western District of Texas, El Paso DivisiOH- CKy of El Paso ; vs. International AVater Company.- . Comes the master, and In obedience to instructions hy the coart, sab nuts the following1 additional supplemental report: As to the rates to be Imposed in order that the International "Water com pany may realize the amount of $225,000, as annual j?ross earnings, the Mas ter represent as necessary the following water rates: J Residences, boarding houses, office buildings, stores and other trading establishments, R.1 cents per 1000 gallons, subject to a mlnlnmm laeatfcly charsTe of $15 to each consumer which minimum entitles the consumer .to use of 3G00 gallons of ivater. Factories, dairies, schools, hotels, hydraulic elevators, hospitals, aad oth er commercial enterprises, not otherwise numerated, Hsinc 100,000 gallons or morcper month, 20 cents per 10OO gallons, tne minimum rate to be $20. City parks, schools and other city building", 20 cents per 1G00 saltans, after 1S,000,000 sallons of free water is consumed. Sprinkling city streets. 20 cents p?r 1000 ffallons. City fire hydrants, $32.o0 per year. City flush tanks. $-lS per year. Private fire hydrants, which are installed 'and maintained at coHSHiaer' eipense, S2UJI5 per year. Railroads, usinpr 1,."00.000 or more alloan per month, 121-2 cests per 1000 jrallons: less than amount specified, 20 cents per 10UO gallons. The above rates were conjointly prepared by Frank H. Todd, city en gineer, and AV. E. Anderson, manager oT the company, and were submitted bv them to the master as having been carefully considered and prepared. Thes Z 7a 71 rntes there is no dUcrimination for or a!n,t the rates were prepared by them with the ricw that their burden should b equitably borne by the people. The master recommends the adoption of these rates to the court upon the conditions: (1.) That the Internation il AVater company shall furnish the city ami its residents with an adequate supply of water exclusively from the mesn: (2.) That the company at onie nut the large shaft well, now un used on the mesa, In such condition thnt it will reader effective and success ful service for Kupplying water; and (3.) That the company will withoat de lay expend not less than $-t42,7.1S In order to comply with the requirements of the city ordinances, and to construct improvements and additions to Its plant in accordance with the plans and specifications submitted by its manager (AV. E. Anderson) at the hearing begun by the master at the city of El Inso, on March IS, 1910. In reaching the conclusion above stated, the master has borne in mind that if any mistake has been made in the foregoing tabl of rates, the city c council of El laso has ample authority, under the net of February 25, 1007, to correct the same. , Respectfully submitted, . Jos. D. Snjers, Master, EI Paso, Texas, Thursday Evening April 28, 1910 - - - 12 Pages Judge Maxey Refers the Matter of Rates to the City and Gompany. SAYERS FIXES A BASIC RATE Judge Maxey Says He Will Discharge Receiver When City and Company Agree. Holding that the court had neither power as a judicial body to change the contract now existing- between the In- ! ternntional Water crnmam- nn h i citv of El Paso: also that th court had not the power to raise rates but j had only the power to say whether the rates were unreasonable or not. iudsre T. S. Maxey, isittins in the United governor Sayers: mdster In chancerv fa J the water case fixing- the new rates to i There was no exception to the srm- i As soon as tlin tm -ni-Ha i. herewith presented, that In the any class or interest, and that