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El Paso herald. (El Paso, Tex.) 1901-1931, October 13, 1910, Image 1

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EI Paso, Texas,
Thursday Evening,
October 13, 1910 - - 12 Pages
EI Paso'Fair
g October 29th To
Nov. 6th, 1910
President Braga, Of
Republic Of Portugal
French Government Takes
Drastic Action in the Big
Paris, France, Oct. 13.--The French
government is meeting the ralilroad
strike situation with a firmness that
challenges the admiration even of
those who sympathize with the men in
their demand for a minimum wage
scale of a dollar a day.
This morning five strike leaders
were arrested. This is in fulfillment
of premier Briand's promise to punish
the agitators, who, he declared, had
precipitated an insurrectionary move
ment at the very hour when negotia
tions for a peaceful adjustment were
being conducted.
Other Roads Tied Up.
Employes of the Paris, Lyons &
Mediterranean system went on a strike
this morning and the Eastern road Is
badly hampered, but many trains are j
being operated on the former system.
The hope of the Tailroad strikers rests
largely in the prospect of sympathetic
trips Tlrlnklavers and navers have
voted a general strike, beginning to- I
day. unions of other traaes are meet
ing and -expressing similar intentlpns.
Rain Adds to Discomfiture.
Suburbanites by thousands were
further inconvenienced today by a de
luge of rain which, made many roads
leading into the city impassible to
pedestrians. As a consequence, many
failed to reach offices and stores and
the business of the city is upset- A
number of acts of violence are re
ported from the provinces, but strik
ers disclaim responsibility. The coal
mines at Courrieres dismissed 4500
employes today because of inability to
ship coaL
jlKcb Destruction Wrought.
Much Destruction has been wrought
on the western system, where the j
strikers and their supporters have held j
up and derailed trains, blocked tracks.
QefH , " ;ii "f": -"" ;
cut telephone If?!!???,, st ? I
government has ordered t the arrest of
a score of strike leaders and instruc- ,
tions have been issued to the troops to
-use severe measures wherever occasion
requires. f
Losses Tremendous.
The losses to commerce already are ;
tremendous. Scores of trains have been
stalled along tne roaas, many j. iirebe ;
carrying food supplies which have be
come unfit- The passengers on the
steamship Oceanic, who took the train
at,, Cherbourg or Paris, are "blocked at
Mante-Sur-Selne, about 36 miles from
Americans Marooned.
Many Americans have been com
pelled to remain in this city or to pay
fabulous sums to reach the coast, so
that they might embark for England.
Seven 'hundred sacks of American mail
are now being transported from Havre
to Paris up the river, and the French
steamship line will employ a tug to
convey the passengers for the steamer
La Touraine, sailing on Saturday.
The Constitution Makers at
Santa Fe Consider a
Puzzling Question.
Santa Fe N. M-, Oct. 1?. There hav
ing been: -no session or 'tne constitu
tional convention yesterday, the com
'mittees were busy with hearings or
discussing such interesting questions
as woman's suffrage, prohibition, elec
tive or appointive judiciary, length of
term of office for state officers, re
election of state officers; etc The fpl
lowing bill has been introduced:
File No. 15, with reference to school
children. Introduced by L Armijo, of
Las Cruces. First reading Referred
to committee on education.
Section 1. It shall be unlawful for
any school director, school board,
school superintendent or teacher to
make any distinction whatsoever on
account of or by reason of, the race of
any pupil or scholar who may be in
attendance upon or seeking admission
to any public or common school, main
tained wholly or in part under the
school laws of this state.
Section 2. The legislature shall pass
such laws as are necessary for carry
ing into effect the provisions of this
Xo Division of Counties.
It has been tentatively decided by
the subcommittees that there shall be
no division of counties and that they
shal remain in the state as now divid
ed in the territory; that legislature
employes shall he few and salaries
moderate; that state ofifcers shall be
few. that holders of offices shall be
not under 30 years of age and shall
have resided in New Mexico at least
five years and cannot serve more than
one term in the same ofice.
Quanah, Tex., - Oct. 13. The state
rested in the Howard murder trial this
morning after examining eight witnes
ses. Presiding judge Huff and a mem
ber of the jury were taken suddenly
sick and the case was adjourned till
this afternoon. s
Coffexville. KasH Oct. 13. The Liberty State bankfafSLiiMtrtr.lve milej
north of here, was robbed of $30.35 early thla mornlHgj!iTherehfre?K forced
an entrance to the bank vault, bnt the bank's fundsvrere "iST-iHnrge safe
outside the vault. This safe was unmolested.
The robbers escaped after firing a
ProTisional president Braga of Portu
gal, is now at tne head of the repub
lic President Braga, on the second day
after the uprising drew up the new gov
ernment's policy to "introduce a pure,
progressive administration within the
republic and to consolidate on a moral
and political basis, the good relations
of Portugal with foreign nations,"
First Anniversary of Fer
rer's Execution Passes
Without Bloodshed.
Madrid, Spain Oct. 13. This is the
first anniversary of the execution of
Prof. Francisco Ferrer, founder of the
Barcelona, who was
, fl of having. conspIreQ against
government and brought about the
rehUon in 1909
Tne day has Deen dreaded by the
authorjtJeSf the republicans planned
demonstrations misht easily have
lead tQ bloodshed
Up to early afternoon no untoward
incident occurred. This was due prin
cipally to "the firm attitude of the
authorities who had orders issued that
any revolt must be put down merci-
Throughout Spain troops were held
in their barracks, ready for instant
service. The . danger of rioting ap
peared greatest at Barcelona, where
processions and manifestations at
Ferrer's tomb-were denied.
Oregon Short Line Reelects Old
rectors With One Ex
ception. Salt Lake City, Utah, Oct. 13. At the
annual meeting- of the stockholders of
the Oregon Short Line railway held in
this city today it was unanimously
voted to increase th capital stock of
the corporation to J 100,000, 000
The old board of directors .was re
elected with the exception, that Marvin
Hughitt, of Chicago, was chosen to
succeed P. A. Valentine.
The following were -elected directors:
Oliver Ames, Samuel Carr, Oliver W.
Mink, Boston; Gordon L. Buck, Alev
) Miller, Wm. Rockefeller, J. H. Schiff,
W. V. S. Thorn e, Nevt York; Marvin
Hughitt, Chicago, and Henry C. Frick,
Lisbon, Portugal, .Oct. 13. The pro
visional government has received tele
grams from president Comtesse, of
Switzerland, announcing that govern
ment's recognition of the Portuguese
The British minister, sir Francis H.
"Villiers,- today handed the premier a
note, stating that Great" Britain would
recognize the republic as soon as it'
was convinced that the revolution was
absolutely ende'd and affairs In Portu
gal were in a normal state.
The government has issued a decree
granting general amnesty to all mili
tary and" naval offenders.
- "$"1
Veedersburg, Ind., Oct, 13
Theo"dore Roosevelt opened Ins
one. day campaign in Indiana-
for senator Beveridge today
with an empnatic endorsement'
of him as a man who standsSfor
what is good in Americanjpub-'
"$ lie life. W3S "
Col. Roosevelt also endorsed.
Beveridge's stand in favorof- ;
-. q tQT-Jff nTTTmi3:inri .A?
j-; y "
A shipment of 2S cars' oft cattle ar
rived at the port Wedne4aY Bight and
made entry- They were c3asigHeU to
the Southwestern Stockyards company.
'r .,rNR . -
few shots t'
,1!ijRia.,efi-ie ciiiK".
So Declares Former Mexi
can Ambassador Casusus
in El Paso.
That the selection of Ramon Corral
for the vice presidency of the republic
of Mexico, under peculiar conditions,
was the selection of a successor of Por
firio Diaz, is the opinion of Joaquin
Casusus, exembassuor of Mexico to
the United States, who passed through
the city Thursday morning en rout
from San Antonio to Los Angeles.
"There' is no probability of Enrique
Creel, present minister of foreign re
lations in president Diaz's cabinet, suc
ceeding president Diaz," said senor
Casusus replying to a question. He
said he had not seen the published
opinion of Juan Terrazas regarding the
probability of Mr. Creel succeeding the
president, but he regarded it as out of
the question for the reason, if for no
other, that Mr. Creel would not even
consider the presidency.
"Mr. Corral and Mr. Creel are such
close friends that Mr. Creel would not
consider an office which is considered
as belonging to Mr. Corral," said Mr.
Casusus in answer to the question why
Mr. Creel would not consider the presi
dency. The answer of Mr. Casusus Is
the answer in a nutshell of the admin
istration party to any proposition that
does not include Mr. Corral, the pres
ent vice president as the next presi
dent of Me"xico after Diaz.
Corral the Heir Apparent.
The conservative element in Mexican
TiViiHn rpcrnrd the vice rtresidencv of
Mexico as the property of Ramon Cor-
ral, the only qualification being that
he shall not take active charge of the
ship of state until the death, of Por
firio Diaz. Ramon Corral is the heir
apparant to the Mexican presidency
and "Enrique Creel, however popular
with the masses of the Mexican people, j
would not presume to look with long- j
irig upon the place distinguished j
by Diaz's occupancy. j
"Mr. Corral Is the vice president,
therefore he will be the successor to
president Diaz," was tne answer or Air.
Casusus, and that is Uie creed of the
conservatives in Mexico politics. Be
yond that they will not discuss any
eventuality. Again and again Mr.
Casusus repeated the statement as a
priest repeats a ritual.
Says Creel "Would Not Accept.
"If at the end of the present term of
six years, the people of Mexico should
want Enrique Creel as their president,
would not he accept," the distinguished
Mexican statesman was asked.
"No, he would not. He could not con
sider it," was the reply.
"As I have said, Mr. Creel is a very
intimate friend of the vice president
and, therefore, he will not allow him
self to be opposed to Mr. Corral," Mr.
Casusus replied to the question why
he would not run in the next election
for the vice presidency.
"Bui If the people of 'Mexico want
Mr. Creel for president after president
Diaz, would he place his friendship for
vice president Corral before the de
sires of the people," the exambassador
was asked.
"Yes, I am sure he would," was the
Pays Compliment to Creel.
Regarding Enrique Creel as one of
the first men of Mexico, among the
ablest of Mexican diplomats, Mr. Ca
susus does not see anything higher for j
Enrique Creel than a cabinet position.
He agreed with Gen. Harrison Gray
Otis in the latter's generous concep
tion of the high talents and mental
equipments of the minister of foreign j
relations, out as tne presiaency, Air.
Casusus shrugged his small shoulders
tin the Latin fashion, meaning that the
question was beyond the bounds of
Is Now Private Citizen.
Mr. Casusus was Mexican ambassa
dor to "Washington in 1905, and was at
one time a senator in the Mexican con-
gregeHsays that now he is nothing
morejjtliaajprivate citizen." By pro
fesatailiMfjOllawyer and is the rep-
resetaw5.fglhe Southern Pacific of
MsxIiastature he is small and
W-jj&plSnd has a predominating fore
4fiSaiMak:atfhg a high degree of in-
The board of army engineers is at Ele
phant Butte. They arrived at Engle
Wednesday night at 11 oclock and spent
the "night there, leaving Thursday
morainer' bv stasre for thfi dam site.
1 Iln4rs4ay night they leave by way of
the Belen cut-off for the Pecos valley,
accompanied by L C. Hill, supervising
engineer, and W. M. Reed, district en
gineer of the reclamation service. W.
H. Frankland, chief clerk at the local
offices of the service, is also with tne
H. "W. Teo, junior engineer of the
reclemation service, has returned from
-an expedition to the headwaters of the
Rio Grande in New Mexico, where he
obtained data on the water sources of
the river and on the volume of water
that is benig taken from the river at
the present time for irrigation pur
poses. J. A. French, who is in charge
of another section of tne expedition in
Colorado for the same purpose is still
in the field. His data will be combined
with that obtained by Mr. Yeo's party
and will form a general report on con
ditions -in the Rio Grande watershed.
The bodjr of former governor Ysabel,
of Sonora, who died at sea while en
route nome from Europe, will arrive in
El Paso on train No. 1 Friday morning,
accompanied by the family of the dead
statesman, and R. H. Ingram, assist
ant general manager of the Southern
Pacific lines of Mexico, who went to
New York to meet the family of the
late governor. The body will be taken
to Hermosilla, Soiiora, Mexico., for in
terment. ,
Reports that a rich vein of gold was discovered by the premature ex
plosion of dynamite at Santa Rosalia, have been brought to Ciudad Juarez
by a Mexican official who arrived Wednesday. He tells of a report current
Tuesday evening- that a blast vras made on the dam being constructed by
Pearson, exposing a vein of rich ore.
The tovrn vns in great excitment on the traveler's departnre. It was
said that trio men viere killed outright, and a number injured by the blast.
Four Keinoved From Mine
During Night, Four
More Located.
Starkville, Colo.. Oct. 13. The bodies
of four more victims of the Starkville
mine disaster were removed from the
mine last nigh't by rescuers, making
the total recovered 18.
Four more have been located for 24
hours, and may be brought out today,
but the rescue work is trying the en
durance of the men engaded, to the
utmost. .
A persistent report said to have
emanated from rescuers that 20 or
more were smothered in "L" and "K"
entries by the after damp is receiv
ing credence.
Officials declare that every man in
the mine met instant death and de
clare no rescuers have yet reached the
extreme entries.
The date of the coroner's inquest has
not yet been fixed."
Town of Sargents in Danger
With Fires Surround
ing It.
Pueblo, Colo.. Oct. 13. Forest fires
are raging on both sides of Marshall
Pass, and the town of Sargents is in
danger, according to reports brought
here from the, western slope by hunt
ing parties.
Meadows and forests on both sides
of Sargents are burning fiercely. Every
available man in the district has been
pressed into service, and Denver arid
Rio Grande trains are boarded at sta
tions by men offering $5 per day for
fire fighters.
Fifty additional fire fighters arrived
at Miranto this morning to assist in
the work of checking the forest fires
now raging in the district around Big
Chief and Sheep mountains and which
have already burned over 30 square
miles of timber. The fires were part
ly under control last night but are
again burning fiercely this morning
and are now within a few miles of
the Pike national forest.
Washington, D. C, Oct. 13. The tim
ber on about 20 square miles of ter
ritory in the Rockj- mountains west of
Denver, has been consumed by the for-
esi. lire nvd'L uruiie -out in nicii. n-oiuu
according to a telegram received by
general land commissioner Bennett from
c-hief agent McEnery at Denver.
The progress of the fire eastward
has been stayed, but it is extending
In other directions.
Smelter Road May Run Un
der Tracks Pending Con
struction of Viaduct.
The temporary road and street car
line to the smelter wnicn will be built
while the new concrete viaduct over
the "Santa Fe,. Southern Pacific and
Southwestern lines is in course of
construction, will be under at least
two of the three railroad tracks and
under the three if possible.
City engineer F. H. Todd has in
spected the location of the viaduct and
has laid out a tentative road for traf
fic to pass over while the viaduct is
being built. This road, which will also
be a rightofway for the street car line
to the smelter, will leave the main
road near the old switch above the
presenV viaduct and will follow the old
county road down to the lower level,
and will pass under the railroad tracks
through an arroya which has been
washed by the waters from the moun
tain and over which the railroad
tracks were built on piles.
Engineer Todd thinks that the tem
porary roadway and car line can be
run under at least two of the railroad
lines and possibly all three. The road
will tie onto the present smelter road
and car line by Hart's mill. The city
engineer thinks that a grade can be
obtained in reaching the lower level
without a grade too steep for the cars
and wagons to pull in coming back o
A consultation will be held between
the engineers" of the Electric railway
construction company, the railroads
and the city engineer, to determine
the exact status of each in the con
struction of the new viaduct. As soon
as this has been done and an agree
ment reached, work will begin on the
wrecking of the old wood trestle and
the concrete abuttments started.
A friend nere is advised by wire that
George B. Ryan, of 1 Paso, now boasts
of a baby boy who came at Los An
geles. Mr. and Mrs. Ryan will return
within a few week
as a
i h S
Si abHuyi
President Hunt Announces
Comnnttee Appointments
at Phoenix.
Phoenix, Ariz., Oct. 13. The com
mission form of government was the
first constitutional matter brought to
the attention of the convention. It
was referred to the committee on
President Hunt announced the stand
ing committees 'this morning. Ellin
wood received no chairmanship. The
important apointments are F. A. Jones,
Maricopa, chairman of railroads; Cun
ningham of Cochise, chairman of judi
ciary; Wills of Pinal, separate sub
mission, to which prohibition will be
referred; Winsor, of Yuma, of legisla
tive; and Cobb, of, Graham, on mines.
Prefers To Bo a Page.
Yesterday's session was enlivened by
an effort on the part of delegate Mul
ford Winsor, of Yuma, to have the pay
of the chaplain cut to $2 a day and
that of the pages from ?5 a day to $2.
He failed. In the debate, delegate
Goldwater of Yavapai county, caused
a laugh by moving for his own, dis
missal as a member of the convention
and his appointment as a page. Under
the present rate of pay, the pages will
receive $1 more a day than the dele
gates, as the latter under the enabling
act, cannot draw more than 4 a day.
Anti-Saloon League Files Request.
The anti-saloon league gave its first
indication of activity by filing with
president Hunt, a request that he ap
point two members of its choice upon
the committee on "matters for future
submission. The league desires to
have the statewide prohibition propo
sition submitted to the people in the
election to ratify the constitution.
' Committees.
The list of committees is as follows:
Standing committees for the con
ducting of the convention: I. Rules
and procedure, 5 members; 2, finance,
accounts and expenses, three members;
3, printing and clerks of, three mem
bers. Committees for constitution making:
1, preamble and declaration of rights,
three members; 2, legislative, distribu
tion of powers and' apportionment,
thirteen members; 3, executive, im
peachment and removal from office,
nine members; 4, judiciary, thirteen
members; 5, suffrage and elections,
eleven members; 6, counties and munic
ipalities, five members; 7, education
and public institutions, five members;
S, state and school lands, five mem
bers; 9, public service corporations,
other than railroads, nine members; 10,
private corporations and banks, nine
members; 11, railroads, seven mem
bers; 12, agriculture, irrigation and
water rights, five members; 13, mines
and mining, five members; 1,4 federal
relations, three members; 15, militia
and public defense, three members; 16,
public dept, revenue and taxation, thir
teen members; 17, labor, five members;
IS, schedule mode of amending and
miscellaneous, five members; 19, ordi
nance, three members; 20, separate
submission (matters of), five members;
21, style, revision and compilation, five
Fort Worth Man Shot While In a
Neighbor's Back Yard and
3Iay Die.
Fort "Worth, Tex., ucc. 13. Local po
lice are working today on the mystery
of the shooting 'last night of Lou P.
Embree, car repairer, in the back yard
of the home of S. A. Ward. The man's
condition is reported serious. He was
wounded ,in the back. Ward was ar
rested, "and declares he discovered the
victim in the yard acting in a sus
picious manner but did not recognize
Both men are prominent in railroad
and traction circles here.
Dallas, Tex., Oct. 13. An unidenti
fied Mexican, burglarizing an East
Dallas store early this morning, was
shot and killed by policeman Phillips.
The officer and a partner named Hauck
walked into the store as the Mexican
was working about the safe. The
burglar drew a pistol but the officer
shot first, sending a bullet through the
Mexican's heart.
St. Louis, Mo., Oct. 13 Ninety
persons were slightly injured
today when two street cars-collided
near the aviation field in
St. Louis county. A boy, 8 years
old, was most seriously injured.
Dublin, Tex., Oct. 13. The death of
Mrs. Eugene -Peeples Hasse, near here,
yesterday, was caused by pellagra and
blood transfusion was resorted to. Ten
cashes of pellagra are under treatment
in this section. ."'-,'
mpfmu rnnsi
y h mi
Pistol Introduced as Evidence Causes Judge Uneasinessr
and Is Found to Contain Three Loaded Cartridges.
State's Direct Testimony Closes and Defence
Begins Introduction of Witnesses.
All doubt as to the defence to be pleaded by John Leech, whoso trial on
the charge of the murder of E. Kohlberg is in progress in the 34th district
court before special judge Patrick H. Clarke was set aside Thursday moniinff
when his attorneys, J. E. Wharton and P. E. Gardner announced privately it
would be tne "unwritten law." This line of defence, however, has been an
ticipated by the state. The announcement was made directly after adjourning
the morning session of court- Mr. Wharton stating that evidence would be
produced showing that "Mr. Leech wasactuated in the affair as the result of c
ertain statements made to him by Mrs.Leech."
Mrs. Leech to Testify,
Mr. Wharton also announced that Leecn. would be the first witness on,
the stand in his behalf and that he wou Id be followed by (Mrs. Leech. Leech,
took the stand in his own behalf shortly after 2 oclock Thursday afternoon.
"Outside of five or six witnesses as to the facts," Mr. TVharton continued,
"the balance summoned for the defence will be character witnesses."
Mr. Wharton also stated that the illness of Mrs. Leech would not be al
lowed to interfere with the progress of the case, if it was possible for her
to sit up and testify. J
Mrs. Leecn has suffered a nervous breakdown and had not appeared In.
court this week up to Thursday noon. The strain of the case began, telling
on her last week and she has, it is said, since then been in a seriouscondi-
tion. -
State Rests Case.
The state rested its case Thursday afternoon with the exception of re
buttal testimony, which will be introduced following the announcement of
the rest by the defence. The introduction of testimony for tne state began
Wednesday afternoon when Walter Kohlberg, son of Mr. Kohlberg, H. G.
Buchoz and J. G. McXary were placed on the stand.
The trial was resumed Thursday morning at 8:30 oclock and adjournment
was made shortly after 11 oclock. Leech was accompanied only by his
daughter during the Thursday morning trial of the case. ' '
The defence may rest its case Thursday afternoon, according to Mr.
Wharton's statement, in the event the cross-examinations conducted by the
state are not drawn out. It is said to be the intention of the state, however, to
go fully into the case, and in that events the defence will not be able to con
clude its direct testimony until Friday morning. The time to be allotted for
argument has not yet been determined.
Kerr "Was Near Store.
T. S. Kerr, a contractor, was the
first witness for the . prosecution
Thursday morning, and he stated t&at
he"was within about 20 or 25 feet from
the door of Kohlberg's cigar store, on
June 17, when he heard the report of
a gun.
"Then," continued the witness, "I
saw a man come out of the Kohlberg
store and go rather fast and turn into
an opening, leading back of the build
ing standing where West San Antonio
street now runs. I saw the same man
emerge from the opening five minutes
later in the company of an offiper."
Mr. Kerr then identified Mr. Leech as
the man he saw running, and also of
ficer Fletcher of th roiice force, who
was brought into the courtroom.
On the cross examination, Mr. Kerr
stated he had known Leech for sev
eral years and that he recognized him
when he was brought back by officer
Fletcher. He also stated that he did
not go into the Kohlberg store the aft
ernoon of June 17.
On the redirect examination Mr. Kerr
stated he had lived in El Paso for 31
Policeman Tells of Arrest.
G. E. Fletcher, a policeman, was the
next witness for the prosecution, and
he identified Leech as the man he ar
rested in the rear of the old Eastern
Grill cafe on the afternoon of June 17;
that Leech had a revolver, a .3S or .41
calibre, English manufacture, with a
barrel about four and one-half inches
long. Officer Fletcher stated he or
dered the patrol wagon and sent Leech
to the police station, and that he did
not see him again until in the court-
Leech Surrendered
On the cross . examination, officer
Fletcher stated that Leech came out of
the rear of the old Eastern Grill cafe
and said he would surrender when he
went there to arrest him.
Eviction Was Threatened.
Charles B. Stevens, one of the agents
for the deceased El Paso merchant,
who followed on the witness stand,
stated that Leech was the proprietor
of the Southern hotel, owned by Mr.
Kohlberg; that there was about $1150 j
due tor rent, including one month in
advance, and that on June 17, this year,
he telephoned Leech that unless the
amount was settled, he would J?e forced
to evict him.
Mr. Stevens also said that the rent
had been in arrears previous, and that
a year ago last April, Leech told him
that if he were evicted he would kill
Mr. Kohlberg.
Says Leech Made Threats.
"In April, of this year, Mr. Leech al- 5
so again said he would kill Mr. Kohl-
berg if an eviction process was served
Mr. Stevens stated.
"You know you would not do that,
John," I said. "
" 'Yes, I will," he replied, 'so help me
God.' "
Mr. Stevens stated that the rent for
the hotel was $200 per month from De
cember 15 to June 15, of each year, and
$150 per month the balance of the year.
On the cross examination, Mr. Stev
ens said he did not inform Mr. Kohl
berg of the threats made by Leech,
but that he had. told his brother, Hor
ace B. Stevens.
He also stated that the amount Re
manded for rent had' included $150 for
the time up to July 15, 191.0.
Receipts Introduced.
Several receipts for rent of the
Southern hotel, paid by Leech, were in
troduced as evidence and also a state
ment of indebtedness on February 24,
1910, amounting to $6S5.
Mr. Stevens then denied the impli
cation of the defence that a $200 credit
had been allowed Leech as a result of
loss of business due to. a fire in, the
Southern hotel in January. 19Q9. He
also denied that he had taken a great
Interest in .the case, stating that he j
was a great inena of Mr. Kohlberg
ana xnat neitner ne nor xx. a. Stevens
had subscribed to a fund for the prose
cution of Leech and did not know of
any plans of that nature- He said,
however, that he had done everything
else in his power to assist the prosecu
tion. No Fire Allowance.
On the redirect examination, Mr.
Stevens stated that an allowance of
S100 had been, offered Leech as a re
sult of the fire, but that Leech had not
accepted it, and that no adjustment
had been made.
Garner Took Leech to JaiL
Officer G. E. Fletcher was recalled
and stated that he had given the re
volver taken from Leech to officer Lon
Garner was then called and he testi
fied that he took the revolver and
Leech to the police station, and first
gave the revolver to assistant chief of
police W. J. Ten Eyck, and that later
he took the revolver and Leech to jus
tice B. H. Watson's court, swore out
the warrant against Leech and laid
the revolver on justice "Watson's desk.
Lawyer Demanded. Rent.
R. C. Walshe, an attorney, was the
next witness for the prosecution and
he stated that during June he was
given the account for the rent of the
Southern hoteL
"I went down there on June 17," said
Ir. Walshe, "and presented the ac
count and told him a settlement must
be made or he would be evicted. Leech
said he could not do anything and com
plained that all the account was not
"I left there about 3:15 and pre
pared the notice of eviction and for
feiture of lease, which was given to
constable Brown, whose return of the
serving of the notice I have."
The notice was then produced in
court, offered as an exhibit, and was
then read to the jury.
Constable Testifies.
Deputy constable J. W. Brown was
the next witness and he identified the
notice of eviction and forfeiture of the
lease and stated he" delivered It to
Leech on June 17. He also stated the
revolver had been laid on justice Wat
son's desk. ,
"I served the otice about 4:15 on
Mr. Leech," Mr. Brown then said, "and
next saw him about 5 oclock in jus
tice Watson's court."
Bookkeeper's Statement Omitted.
P. W. Still, bookkeeper for Horace
B. Stevens, stated that he knew Mr.
Leech, who had sometimes paid the
rent for the Southern hotel in the of
fice of Mr. Stevens.
"Did Mr. Leech ever say anything
about Mr. Kohlberg?" he was then ask
ed. "Yes, on July 20, 1909, he said "
"We object to any statement," the
defence announced
Following a conference between the
attorneys for the sla'te and defence,
the statement being made to the court,
by Mr. Still was not allowed to be
made to the jury and Mr. Still was ex
cused. Watson Identifies Revolver.
Justice E. H. Watson, before whom
Leech was taken following the death
of Mr. Kohlberg was then placed on
the witness stand, and he stated that
a revolver had been given him by of
ficer Garner on June 17, that two cham
bers had been recently fired; that
thene were three empty chambers in
the gun, and that there were two or
three loaded chambers.
Judge Fears Gun.
The gun was introduced m court and
handed to attorney J. E. Wharton, one
of the attorneys for Leech, who Inad
vertently held it so that it was point
ing at judge Clarke.
"Don't point It at me," said the
court, hastily vacating the bench.
"Nor this way either," said district
attorney W. D. Howe, whose request
that the gun be unloaded, was hastily
complied with.
It was found to contain two emp-
(Contlnued on Page Eight.)

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