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EL EL PASO, TEXAS, Friday Evening, October 11, 1912 16 Pages TWO SECTIONS TO"AT. ASSOCIATED PRESS Leased Wire HKATBBR FORECAST. Fair tonight and Saturday; colder tonight, with frosts. REBELS W1NSAVES LOOT BATTLE AT FROM TRAIN ESUOfl ' ROBBERS Federals Suffer Heavy Loss When Flanked by Jose Orozco's Command. INSURGENTS ACTIVE IN MANY STATES Led by three dead bcb men "offi cially" reported by the Mexican gov ernment as killed at Ojinaga Mexican rebels slaughtered ever 109 federals near Escaion en "Wednesday, accord ing to Mexico City dispatches. Jose Orozco, Lais Terrasas and Francisco del Toro were officially reported dead by the Mexican offielals after the bat tle of OJinaga. Their Identification had been, made completer the federal reports said, and -even the location of their -wounds' -were given. However, It is again "officially admitted" that these same dead men led the command that sloaghtered the federals near Ks calon on Wednesday." The Mexico City dispatch telling of the slaHghter, says: Mexico City, Mci., Oct. 11. In a battle near Escaion, in -which govera-uf-nt troops, commanded by Maj. Jose lello, we.se defeated, the federals lost 100 killed, while all officers, with the t-xception of one. including Maj. Tello, were captured by the rebels, who were commanded by Jose Orosco. cousin of Uen Pascual Oroseo. Feliz Terrasas, heche Campos. Luis Fernandez and I'rancisco del Toro. Maj. Tello had been ordered to drive thp rebels froir the Derrame ranch, where they had been holding coun cil The encounter took place at tho JSan Aguistln ranch nearby. The rebels fought from the ranch buildings, but as the- federals did not advance, the pretended to retreat. Then the federals followed and were subject d to a heavy fire and were forced to withdraw, but carried with them a few prisoners. Federal Flanked, by Rebels. .Tose Orozco. a cousin of Pascual, and Felix Terrazas commanded the reb- . c If but was reinforced by Cheche Cam vos. Luis Fernandez and Francisco del Toro, According to a fugitive the federals were flanked by the rebels and nviny of them killed. Maj. Tello and all but one other officer were cap tured. The federal dead are estimated at 100 and censored accounts of the en gagement which reached the capital sav the rebels' lose was greater. Predicament is Critical. Gen. Huerta. who nearly a month ago was granted leave of absence to have his eyes treated, has reached the capital, bringing approximately 1W men who wer engaged in the northern tampaign. The rapid shifting of the government forces throughout the greater part of the republic, coupled with an taceasinKaagfeor of new points from Which. unWUrfNnices are Re ported daily-r-served to strengthen the popular belief that the adminis tration's predicament h fast becoming critical. In general the country's troubles can tie classified under three heads a more or less organised movement in the north, including the states of So nora. Chihuahua, Coahuila, Nuevo Leon and Durango. Gen. Aguilar's re bellion in Vera Cruz and Puebla, and a warfare not unlike anarchy in the Michoacan and Zacatecas, with prowl- j states of Mexico. Morelos. Guerrero, iik bands in other states. Rebel Activity Increases. The operations of the rebels along he line of the North Western railroad in southern. Ghihuahua along the line of the Central the very territory from which Orozco's army was driven by Gen. Hucrta give evidence of the government's inabiMty to maintain peace. Gen. Blancuet, after the de feat of 300 of Caraveo's men Satur day, announced the departure of the d.spersed rebels from Chihuahua, but it since has been reported that bands are operating in that state and that there is a notable increase in activi tv in "Nuevo Leon, adjoining. The first messages from the north since October 4 were received from Jimenez. They told of a general con centration movement of the insurgents near Escaion Later came the news of the engagement Agallar Evades Federals. Tn the state of Vera Cru Aguilar h-s succeeded in evading a serious ncounter with the federals. A con siderable force of federals has been oncentrated on the Mexican railway, while most of Agullar's army is some distance to the south. The region jriving the administration the most rause for -worry is that overrun by liands who, for want of a better name, ,nre still styled Zapatistas, though it 13 doubtful if more than a small per- entage ever receive orders from the notorious rebel of Morelos. The government makes no secret rf the fact that it would be glad to arrange peace with Zapata, and it is asserted that negotiations to that end p.re under way. Guerillas Harras Mexico. The state of Mexico, which prac tically surrounds the federal district, is almost covered -with Guerillas, ban dits and some more completely organ ized bands of rebels -who raid, sack and burn in one region today and another tomorrow. They keep the government forces hurrying from point to point. SAYS TRAINS WILL RESUME SATURDAY Lathrop Discredits Reported Statement to Senate Committee; Says Only One Kngtne Ditched. Trains will again be running over the North Western between Juarez and Pearson by Saturday evening, A. L. Lathrop, assistant to the vice presi dent, says. Mr. Lathrop said Friday morning that the wire -was again work ing between Juarez and Pearson and that everything was quiet there and there were no rebels in sight The wire report also said that John Hayes, man ager of the Hearst ranch at Babicora, was safe and was being 'guarded by "SO federals The train from Pearson .is expected to arrive in the union station Saturday evening and the return train will run to Pearson Sunday.- - -Fear Mere Bridges Barncd. Four more bridges have been burned (Continued en page S). DEPUTY SHERIFF IN BATTLE WITH MINERS Bingham, Utah, Oct. IX. Fifty deputy sheriffs and several hundred 6reek strikers had the anst serious encounter in the Bingham miners' strike today. One Greek miner was shot threHgh the leg, another nan knocked down -with a rifle ttmtt. Belh were taken te the hospital. A number were arrested. The trouble occurred when tbc strikers gathered at n 'ifcfotllll settlement VPo"c the Xtah Conner company's pit "here a te4Apkasvaas put la operation. - Express Messenger Wounds I One Bandit During Hold up Near Mena, Ark. REFUSES TO DIVULGE WHERE HE HD34M0NEY Fort Smith, Ark., Oct. 11. Four ban dits bungled the holdup of a north bound Kansas City Southern train be tween Hatfield and Mena, Ark., early today. One was "wounded and captured and the other outlaws escaped, after a battle with express messenger Merrill Burgett of Kansas City. Mo., irf which Burgett exhausted his ammunition and "was badly beaten. Burgett shot the robber, who was discovered an honr later after his com panions had deserted him. The robber was conveyed to Mena. Fifty or more in an armed posse pursued the bandits. Burgett is in a hospital at Mena. "Uses Gun as a Clnb. The train, which is known as No 2, left Hatfield at 2 oclock. While Bur gett was working in the car he saw the bandits clamboring to the side door. They smashed the glass with their re volver butts. Burgett sprang to his most valuable packages and hid them, despite the hail of bullets which the bandits poured into the ear. The packages hidden, Burgett turned his attention to the invaders. As Bur gett fired at them, the tobbers reached through the smashed window and loos ened the catch which held the door from the inside. They sprang into the car, firing on Burgett as they advanced. The messenger leaped behind baggage and met the robbers' fire, shot for shot. 'The train had attained & speed ot about 39 miles an hour and apparently none of the train or locomotive crew knew that a holdup was being at tempted. A last shot fired .by Burgett before the robbers gained the inside of the car, wounded one of them. The fight continued hot, until Bur getfs cartridges were gone. The rob bers closed in and overpowered him, although he gave battle to three, wield ing the butt of his short shotgun ef fectively. The bandits .clubbed the messenger repeatedly, asking: "Where3 that package of money?" Bleeding, Burgett crouched in a cor ner of the car -while the robbers brutal ly beat and kicked him, but did not re veal the hiding place. The bandits searched the car care fully, found nothing, and then applied the airbrakes. MeHseager Faints. By this time the train conductor had began an Investigation. As the conauc- jtor came forward with, bfav lantenr. the robbers fled. In answer to the conductor's repeal ed knocking on the gor of the ex press car Burgett rtrugBied" to his feet, unlocked the door, then fainted. He was revived long enough to give a brief sketch of the attempted holdup and the train was rushed into Mena. . A posse was organized to pursue the mtiiw.r-0 intn the bills -near F?a.tfielri1 nrul Potter, Ark. Near Potter, the wounded ? robber -was found. The wounded robber, who is uniden- "fled, received a .charge :Of shot in the breast near the heart. He may die. GLOBE PREPARES TO WELCOME EL PASOANS "Get Together" Meeting of Trade Ex cursionists to be Held Satur day Bvening. Globe is preparing for the Greater El Paso excursion. A letter has been re ceived by traffic manager A. W. Reeves from the Globe chamber of commerce, saying that the Elks' clubrooiis had been placed at the disposal of the en tertainment committee there for the use of the El Paso guests and that these would be the headquarters for the excursionists -while they were in Globe. The citizens and business men ftf th htiftv Arizona, eitv havp cnmhlnari in restraint of trade for the two hours ' and a half while the El Paso train Is there and will devote their time to the entertainment of their friends and elgnbors. The train will arrive in lobe on Wednesday morning at 9 oclock and will remain there until 11:30. A "get together" meeting of the mem bers of the trade party will be held at the chamber of commerce Saturday evening to make final arrangements for the pilgrimage Into El Paso's trade ter ritory. At this time the rah! rah! caps will be distributed, the canes issued and all of the details of the trip dis cussed by the committer and the trade tourists. The berths will be assigned Saturday night and the badges dis tributed. A. W. Reeves, traffic manager of the chamber of commerce, has been elected as secretary of the excursion and will accompany the party, in charge of all the details of the trip. Mr. Reeves has been on of the most active members of the excursion com mittee and has handled all of the de tails of the transportation for the trade train. James Clifford has signed up to ac company the trade party and will help to spread the gospel of Greater El Paso in Arizona and New Mexico. He will represent Clifford Bros. Cash donations have been received of $26 from Houck & Dieter and $56 from Haymon Krupp to assist in meeting the expenses of the trade excursion. SILLS HIS SOX: WOUNDS "WIFE AND SISTER Akron, Ohio, Oct 11 John V. McDonald, a plumber, today shot and killed his three year old son and then fired bullets in to the heads of his wife and sister. Mrs. McDonald is believed to be fatally injured and the sister is in a serious condition. Mc Donald was arrested. ; ; T. PROTEST AT MENTION OF C Counsel for Accused "Dyna miters" Says Labor Lead er Is Not in the Case. INFERNAL MACHINE AMONG THE EXHIBITS Indianapolis, Ind., Oct. 11. Whether Samuel Gompers, president of the American Federation of Labor, was present at a oertaln labor union meet ing held in St. Louis, Mo., In Novemr ber, 1910, was asked by the govern ment's attorneys in the "dynamite conspiracy" trial today. Frank Schilling, clerk of a hotel in St Louis, testified that the Interna tional Association of Bridge and Structural Iron "Workers was holding Its annual convention in St Louis at the time. He named Frank M. Ryan, of Chicago; Michael J. Young, of Bos ton; F. J. McNulty, of Newark, N. J.; M. B. Madden, of Chicago.' and Olaf A. Tveitmoe, of San Francisco, as reg istered at the hotel. The convention was held the month after the Los Angeles Times disaster. Sajs Gompers "Was In HoteL Tveitmoe was described as the "big paymaster" who finanoed the dynam iters. At the St Louis meeting he is charged with promoting the Llew ellyn Iron works explosion. "Was Mr. Gompers registered at the hotel at the time?" asked attorney J. W. Noel. "He wasn't registered, but he was around the hotel a great deal," an swered the -witness. United States senator Kern, for the MR defence, objected. "Mr Gompers is i longed to the county. not a defendant He has nothing to i With the exception of allowing Al- do with the case." derete to go over the statement of Mr. "Nothing, other than it will be j Riggs for the purpose of checking 'it shown he had something to do with i Mr. Phillips stated that the audit was the defence of the conspirators in the I complete. Sunday. Mr. Phillips said, state of California," replied Mr. Noel. ' Alderete showed the auditors where Judge Anderson ruled he at present 1 the sum of ?165 should have been saw n relevancy in the mention xf credited to him. a portion of which, Ae Mr. Gompers's name and if none ap- stated was due to paupers' oaths. That peared in future testimony, he would amount. Mr. Phillips stated, was de io instruct the Jury. ; ducted. where deuctioas for Jury fees isxplosives to lie Exhibited. Pieces of exploded bombs, old tin cans in wnich nitroglycerine had been carried, cartridges, fuses and maga zine gins were put in readiness by the government today to be used as' exhibits In the dynamite conspiracy trial. -,' . ; . " . ' Gathered front many sections of the nntry in the wake -of Ortle. K. Mo Manigsl and the McKamaras. they haw been, classified by Cwreh.ce w. Nichols, assistant district attorney, and are to be used as physical evi dence in the government s charges of illegal interstate shipments of. explo sives. Maiizlnc Gunk Included. , Six hundred and twenty exhibits haie been listed. They are to be presented to the Jury one by one and include: Two magazine guns, a rifle, fuses and alarm attachments for bombs. taken from the valises of McManlgal rr t " ,:?:; "V -"V? . wer itJ' ,?t SEf wi 1 ' were arrested in a lobby of a hotel In Detroit on Anril 12. 1911. A fibroid suit case, made in Cincin nati for carrying nitroglycerine, which Henry W. Legleitner, now of Denver, is alleged to bsvo brought from Pitts burg to the Iron Workers' headquar ters in Indianapolis. Nitroglycerine found near a portion of a bridge over the Missouri river at Kansas City, Mo., which McManigal blew up August 23, 1910. Suit case in which McManigal car ried dynamite and which bears the stains of having been placed on a ra diator. A shawl strap in which George (Hip per) Anderson, of Cleveland, a defend ant Is charged with having carried a dynamite box to a suburb of Oleveland. Parts of an infernal machine found near the home of F. J. Zeenadelaar. I.os Angeles, on the morning the Los Angeles Times building was blown up. Hotel Clerks Identify McManigal. For the first time since he confessed to dynamiting, Ortie B. McManigal was identified before the jury by hotel clerks as" having visited various cities at times when explosions occurred. H. L. Pearce. Kansas City, Mo., in the nages of a hotel register traced "J. W. McGraw" as having registered at a Kansas City hotel Aug. 20, 1916, three days before McManigal blew up a por tion of a $1,500,000 bridge across the Missouri river, which, he says, was arranged for by W. Bert Brown, of Kansas City, and James B. McNamara. "Do you see McGraw in the court room?" asked James W. Noel, special assistant district attorney. "That's the man," said Pearce, point ing at McManigal. R. J. Quigley, of Duluth, identified McManigal as a visitor at a Duluth hotel in July 1910, shortly before an explosion at Superior, Wis. F. W. Gates said McManigal was the "J. G. Bryce" who frequently registered at a hotel In Rochester. Pa., where later were discovered nitroglycerine in quan tities hidden in a shed. The activities of James B. McNamara on his return to Indianapolis after blowing up the Los Angeles Times building -were also traced in hotel registers. At the suggestion of his brother. James B. took i.ie name of Frank Sullivan, dropping all the aliases he had used on the Pacific coast. H. M. oiriiiuiiig, a. uepuiy auerui.. uj. uue i Angeles county, identified photographs 1 OLDOtB tne -Mcisamaras. this was done, ltVs announced to .he jury, "because the McNaxnaras were detained in San Quentin prison In California and could not be present" Arranged Explosions By Telegraph. In presenting great bundles of tele grants, which -were identified by man agers of, telegraph offices from many parts of the country, but the contents of which were withheld until later, the government attorneys announced it would be shown that arrangements for the Pacific coast explosions were car ried on by telegraph, that Olaf A. Tvettmoe. and Eugene A. Clancy. San "Francisco, and X E. Munsey, known as "Jack" Bright Salt Lake City, com municated about the explosion in tele grams and that Clancy and Munsey, worried over the search instituted for the dynamiters sent back and forth messages concerning the whereabouts of James B. McNamara. 1 KNOX AND FISHER RRTURX FROM TRIP TO HONOLULU Seattle. Wash.. Oct. 11. The cruiser Maryland, bringing secretary of state Knox from Japan, and secretary of the interior Fisher from Honolulu, arrived today. Mr. Fisher desires to start for San Francisco at once and Mr. Knox is anxious to return to Washington, but the Republican national and state committee; have arranged political mcplinps in Seattle and Portland at which Mr. Knox will speaU. DEFIGITSH01 TOF RECORDS Ike Alderete Says He Can Show That He Is Not Be hind With County. COUNTY TREASURER. DISCUSSES REPORT A deficit of approximately ?443fl is shawn by the audit of the books of the district clerk's office, according to J. N. Phillips, who assisted M, M. Riggs, who has been employed for some time in making an audit ot those books. The audit, it was stated, went f back 14 years, to 1S98, the year tnat I Ike Alderete. the present district ! clerk, went into that office. The shortage in this instance, it was stal ed, was represented by ?12 as jury fees, and approximately $130 sten ographer's fees. Alderete stated Friday morning that the auditors had gone back to the time when Escajeda was in office, and that a part of the audit included fig ures on his books. He said that in checking over the auditor's report he would be able to show where there were mistakes. "I am holding over $3000 in trust for the county, which I will turn oTer to those entitled to it at the proper time," Alderete stated. County treasurer J. D. Ponder said that the district clerk had no right to hold any money in trust which be- should be made it was said this might be done tar showing where the remit tances had been made, or else in in stances where the courts had. ordered the fees remitted. Alderete is being given the time to go "over theboofcs"' show waerw vOredJts should, be allowed him and Had not been credited to aha by the anta, Harms said. X D. Ponder, ostaftty treasure, stat ed Friday morning' that Vie la re quired tn district clerk te wake an itemised report at the end of each term of the court and together with all monies collected by him, to torn the . report over to the county treasurer. I That Mr. Ponder stated, Alderete had . rot been doing regularly. I J Prior to 1911, when J. A. Escajeda i ' was appointed cousty auditor, it was i I stated, it was the. duty of the county f ' clerk to have the books of the county ! audited. In 1908 and 1909, Mr. Ponder stated, a special committee was ap Pointed to audit the books of the dls ".. ..,. r,ri k-.i, th. ar, stated, a special committee was ap- trict clerk. During both those years Alderetc's books did not tally, Mr. Ponder said; that while it was the ' . duty of the county clerk to see that ! . th eountv's books were audited, the count- cierx s uuues were sucn inai he could not keep up with them and there was never a complete audit of the county books until 1911, when the county auditor was placed in office. It was stated that the county com missioners, when they convene Mon day, -would probably take up the mat ter of the audit of the district clerk's books. J. K. Redding, chief deputy district clerk, who stated that he was checking up the auditor's report, said that it would require two weeks to complete that work. ! ROOSEVELT INVADES WISCONSIN. St Paul Minn.. Oct 11. Col. Roose velt arrived here from Duluth at 6:20 this morning and remained until S:30, when he left for an invasion of Wis consin. St Paul Progressives made no arrangements for the colonel's brief stay here and he did not leave his car. MARSHALL MAY TOUR AVBST. Chicago. 111., Oct 11. Governor Mar- ! shall conferred with senator Hoke Smith of the Democratic national head quarters here today regarding a pos sible far western tour of several weeks. Governor Marshall has not yet decided to accept the commission. I1RYAX SPEAKS AT ST. PAUL. St Paul. Minn.. Oct. 11. W. J. Bryan invaded Minnesota today. He left Grand Forks this morning and made several rear platform speches on his way to the Twin Cities. Mr. Bryan will leave for Cedar Rapids and Des Moines, Iowa. I RBVOLT RXDS IX NICARAGUA. "Washington, D. C, Oct. 18. Ameri can minister Wei tie 1 has resorted to the state department that all organ ized resistance of the Klearagnan gov ernment appears to have ended. Sol diers are Paid off and mustered out. HERALD EMPLOYES FAVOR ROOSEVELT Many ballots are being received in The El Paso Herald's straw voting contest on the presidential election. Employes of The Herald office polled their votes this morning and the result stood as follows: Roosevelt 27 "Wilson -. 25 Taft ,. 3 Debs V ' l No tabulation of the outside votes has yet been made, but these -will be announced from day to day. The coupon for voting will appear one more day. Clip it out. mark your choice for president, and send the ballot to The Herald office. To Advertisers and Readers The postal law of Aug. 24 1912, which is Ji0v in effect, requires that all reading matter for the publica tion of which money or otha.- valuable consideration is paid, accepted, - or promised shall be plainly marked "Advertisement." Conforming to this law the word "Advertisement must be printed above ,. below all paid readers, and counted as part of the :uh ertisement. BY. AUDI TREMBLES AS HE IS EYED BYGPJMEN Chauffeur Tells Court He Cannot Identify Slayer of Rosenthal. " WHITE Y" LEWIS IS . NAMED BY STANI0H New York, N. Y., Oct 1L Thomas Ryan, a chauffeur and eye witness of the murder of Herman Rosenthal, the gambler, was the first witness called today In the trial of police lieutenant Becker. His appearance was a surprise to the defence, for his name had not previously figured in the case. The four gunmen were brought into court and Ryan was asked to pick out the man who fired the shot that killed Rosenthal. "Whom did you refer to, of these four men," asked assistant district at torney Moss. Ryan appeared fright ened. "I didn't refer to anybody," he de clared, shifting his eyes quickly over the four men. "Didn't you tell the assistant dis trict attorney in the prison yesterday that you were afraid to put -your hand on- him?" pursued "Mr. Moss. "I was afraid to, because I might put my -hand on the wront, man," answered Ryan In a weak voice. "Can, you swear," interrupted justice Goff, "ihat any one of these four men fired the shot? Look at the prisoners." Ryan gave a fleeting look at the four. Every one of the gunmen was eyeing him. "I cannot" he replied in a trembling voice. Ryan was then allowed to go. He was followed on the stand by Giovanni Stanich, an eye witness, who saw three men with revolvers, but was not sure whether more than one fired at Rosenthal. Again the four men were brought into court Stanich left the witness stand and. with' hesitation, picked out "Whitey" Lewis as one of the three. He was un able .to identify the others. Jacob and Morris Lnban, the mys- I terious" witnesses found by district at torney Whitman in jail at Newark, and Mrs. -Lillian Rosenthal, widow- ef the J murdered gambler, were other wit- waiting to be called. NOISY GREETING IS GIVEN WILSONi I-resIdential Candidate Prevents Dls- turbina: Klemcat From Being Ejected From Chicago Theater. Chicago. lit, Oct 11. All factions ' of Illinois Democracy marched side by j side and cheered governor Woodrow ' wiison. From the moment of arrival until late last night when the governor departed lor canton and Orville, O.. his recep- tion was ot noisy demonstration ana entnusiasm. As Be rode tn rough tne densely crowded streets of the lower I city on his arrival, he stood in his au ! tomobile and waved to thousands Tho dotted the windows of factories and I orilcers and a moving mass of people nho trailed along beside him. The governor recovered his voice suf ficiently to make an extended speech at a big theater. At the theater the cheering developed into a prolonged demonstration and the governor tried to quiet the crowd to begin his speech. A noisy element in the gallery con tinued to shout "Put them out. put them out," pro tested voices in the balconies. "No. don't put anybody out" said the governor quickly and the crowd gradu ally quieted itself. Once during the governor's speech a oice in the gallery called "hurrah for Teddy." Just as the speaker began to take up the planks in the Progressive platform. "Just wait a minute." said the gov ernor, "and see if you'll feel the same after I've explained." The governor then lauded that part of the Progressive platform that ad vocated humantarian and social re forms, but declared that the failure of the same platform to condemn monopo lies and pronounce Itself explicitly in favor of tariff reform made it neces sarv to ask hv whom and how the so cial parts of the program were to be j accompiisnea. NO TAFT ELECTORS ON CALIFORNIA TICKET San Francisco, Cal.. Oct. 11. The. re fusal of acting governor Waltoce to call a special session of the legislature to amend the primary law settled the hopes of the Taft Republican state committee. The committee will take no further action to secure a place for Taft elec toral nominees on the November bal lot Spokesmen for the committee made this unqualified statement: "We have exhausted every resource," said Milton IT Schmltt. one of the le gal advisers for the committee, "and there is nothing more to be done. It remains for the Taft Republicans of California either to write in the names of their candidates on the ballot or cast their votes for other nom inees." DE5XEKN SAYS TtOOSEVKLT IfiAS NO RIGHT TO COMPLAIN Springfield, I1L. Oct. H.Governor Deneen, speaking last night at a Re publican "love feast" said Col Roose velt has no just cause for objection to the course of Illinois either before or since the national convention in Chi cago. "There were only 34 serious con tests in the Chicago convention," he said, "and CoL Roosevelt told me so himself, 'asking me to modify the reso lution which I offered to include only the 34. I did not do so and kept the figures which had been agreed on originally by Gov. Hadley and the Roosevelt managers. These delegates would not not have changed the re sult" BLACK MAY LOSES HIS NOMINATION FOR GOVERNOR Olympia. Wash.. Oct. 11. The state supreme court has granted a writ re straining the state canvassing "board from declaring judge W. W. Black the Democratic nominee for governor. In its ruling the court held that the con- , stitutional provision making judges of than judicial positions meant that no judge could b elected to another office while on the bench. 1 - TWO Gl N TESREAU AND WOOD THE PITCHERS; AMES REPLACES TESREAU IN EIGHTH. Wood Is Cheered by the New Yorkers Por His Splen did Work in Fanning the Giants Tesreau Is Hit Frequently by Boston, but Fans Four Men Out of Six in. Sixth and Seventh Innings New - York- Scores First' in the Seventh. Innings 123456 7 89 R.H.E. Boston vr.v..0 10100001-3 8 1 New York 0 0 0 0 0 0 10 01 9 1 Batteries; Tesreau, Ames and Meyers for New York; "Wood and Cady for Boston. Umpires: Rigler, behind the plate; Evans, left field? Klem, right field; O'Loughlin, decisions on bases. Polo Grounds. New York, October 1 1. Bostoa woa its second victory over New. York m the fourth game of the world's champioHehip senes todayv the score bebg Aree to one in favor of die visitors. Wood pitched the entire game for the Boston clab and Tesreaa pitched for seven innings for New York, but was taken out and replaced by Ames in the last two innings. The crowd numbered about 40,000 persons. Wood was invincible when hits meant runs and the New York batters could do nothing with him. Wood did not give a base on balk. Wagner played a strong game afsitbrt for Boston, taking several hard hit belts that were heading for center field while on the dead ran and catching the batters at first by fast throwing. BOSTON" SCORES TWO. Boston started the game by Bitting the ball ia the very first inning, bat dlda't make a ra until the seeead Ian lag; The third went by without either si de scoring a run. bat Boston get as other 1b the foHrth, making It a two t o nothing score la favor of the bean caters before the game wa half over. XBW YORK CHKKRS BOSTON PITCEUSR. Ia the seeend half of the1 t earth. Weed fanned Murray of the Gloat team, for the- seeead -thae and it was sjtefc K4d work that the 9Tew Yerfc lass ehecred tite pHeher. Bos ten kit Ttesreau ia every iaai h te,.jbfe -f '?j!fcfc3t ,e aaad twe aHd"fliertrir wenToiT en a real ta la aflBaleg. TBSRBAI?, "THK STRIKWJET KID. Tesreau ptruek out two more mea fa the seventh and begaa te get xohjj eathuitlastle applause himself. Of the six men who -faecd Mm ia the sixth and seventh innings, he struck out fear and two went eat ea files. "evr York scored Its first ran in the seventh, when Ilerzeg, who had sin gled for first base, scored ea a double to right by Fletcher. Fletcher eame near tying the score, but was teaehe d eat Jast as he -was sliding te the heme Plate, on a grounder by McCormlck, fielded by Yerkes. Xevr York put Ames in the box In the eighth and Tris Speaker celebrated the cbaage by hitting hira for a two-bagger, bst died en the bases. BOSTON'S THIRD SCORE. Benton made Its third score in the first half of the ninth, when Gardner, vthe had singled and had steadily advanced te third, seered oh a (slaj?Ie by Wood. "With Weed oh first and Cady en third, the side went oat, when Hooper filed te Snodgrass and was sat. Xevr York failed to score In the ninth. y . The Battlnc Order. -fc. , I I I The batting order was as follows: Boston. New York. Hooper, 1. f. Yerkes, 2b. Speaker, . f. Lewis, 1. f. Gardner, 5b. Stahl, lb. Wagner, s. s. Csdy, c. Devore; L f. Doyle, 3b. Snodgrass, c f. Murray, r. f. Merkle. lb. Herzog, 3b. Meyers, c Fletcher, s. s. Tesreau, p. Wood, p. First Inning. First half The first ball pitched was a strike, which gave tlie crowd a chance to cheer. Hooper singled orer second after having three balls and two strikes called on him. Yerkes bunted the ball and Meyers picked it up and threw wildly over second, trying to catch Hooper. Hooper was held at second. With Hooper on second and Yerkes on first, the Boston crowd turned loose a loud cheer. Yerkes was forced at sec ond when Fletcher took a grounder and threw to Doyle, who completed a dou ble play by throwing Speaker eut at first. Hooper took third on the play. Fletcher threw out Lewis at first. So runs, one hit, one error. Second half Wood curved the first ball over for a strike on Devore. De vore fanned. Doyle singled to left. Doyle -was foreedat second, when Gard ner took Snodgrass's grounder and threw to Yerkes. Snodgrass was caught gttl No napping at first Wood to Stahl. luns, one hit no errors. Seeead Inning. First half Gardner drove a lone- hit to center for three bases: on a wild pitch Gardner scored. Stahl sent up a nigh fly which Doyle caught. Three New York pitchers are now warming up in the back field. Wagner "tiled to Snodgrass. Cady struck out One run, one hit, no errors. Second half Murray struck out Three balls served. He did not offer. at any of them Merkle singled to right after having two strikes called on him. VOTE YOUR PREFERENCE A NUMBER of subscribers hjAe asked The Herald to take a Straw Ballot so as to obtain some idea of how public sentiment runs in the southwest. The Herald circulates widely among all classes, parties, factions, religions, races, and ages. Its circulation list is representative of the beet citizenship of the southwest, in three states and among all parties. Taken as they come, the Straw Ballots ought to show to a degree the drift of sentiment. Generally speaking, the various parties are probably represented on The Herald's subscription list in about the same proportion as they actually are in the region of circulation. A Straw Ballot taken at the El Paso 'smelter Wednesday resulted in $3 votes for Roosevelt. 3 for Taft. 24 for Wilson, 2 for Debs, and 1 for the Prohibition party. If readers of The Herald will take .the trouble to clip the attached coupon and return it to The Herald, the votes will be tabulated and the result ought to make interesting reading. Voters will please check the name of candidate favored, and sign the coupon, giving also the city of residence. The coupon will appear three successive days, and voters will kindly refrain from voting more than once. EL PlASO HERALD--STRA W BALLOT Editor El Paso Herald: I expect to Vote for Wilson, Taft, Roosevelt. Deb. Chapin (voter will indicate' his choice by check mark ever man of candidate preferred). Voter sign his own' name here .." ..... City of Residence EW YORK NOW HAVE ES; GIANTS ONE Merkle stale second. Cady's throw was wide and high. Heraog went out, Yerkes to Stahl. Merkle took third on the play. f Meyers flitfd to Lewis, who judged the ball badly and only caugnt it oy leap ing into the air. No runs, one hit, no errors. Third Inning. First half The New York crowd gave Joe Wood a great hand as be went to the plate. Wood singled to right. Hoop er walked to first on four wide balls. Wood was forced at third when Tesreau took Yerkes's grounder and threw to Hersog. Doyle threw out Speaker at first. Hooper advancing to third and Yerkes to second. Lewis was thrown out at first, Fletcher to Merkle. No runs, one hit, no errors. Second half Fletcher went out. Wood to Stahl. Tesreau struck out on three pitched balls. Dqvore out. Gardner o Stahl. No runs, no hits, no errors. Fourth IbbIbk. First half Gardner walked, as Tef reau was unsteady and could not lo cate the plate. Gardner was forced at second when Tesreau took Stahl's grounder and ' tossed it te Fletcher. Stahl stole second. Meyers' s throw be ing wide. Wagner was out on a ground er to Merkle, unassisted. Stahl took third on the play and then scored on Cady's hit, which Fletcher could not intercept. Wood filed out to Murray. One run, one bit, no errors. Second half Doyle out, Yerkes to Stahl. Yerkes made a pretty play on Doyle's slow bounder. Snodgrass struck out. wood's curves were bewildering- and his sp?! terrific Murray struck out for the second time and the New York crowd got up and cheered Wood. No runs, no hit,-no errors. Fifth Inning. First half Hooper filed to Murray, who took the ball off the concrete wall with his gloved hand. The crowd was wild over the catch. Yerkes shot a hot (Continued on page 4.) . State.