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E3L PASO HERALD loriflay, Xovember 17, 1913 5 III mmmmmmmmwgammmM s ELLEN SQDSEY TEST DEFENDANT P IFIES THAT HOPOSED HABHAGE Says "Bill" Caples Suggested That They Go to Juarez and Get Married; Attorney M. W. Stanton Illus trates the "Rag Dance" For Jury and Evokes a Laugh in Court Monday Morning. T ECAUSE she felt sorry, and to get r"S him out of trouble, Ellen Godsey, fhA urnaecutiner witness in me aples case, testified Monday morning that she uould hae married "Bill" Ca bles, the defendant. of the hotel He identified it and then the drawing -was shown to the jury. Mrs. Ida Grissom, a witness in the case, came into the courtroom. After beintr administered, the oath, she Was i placed under the rule and sent oat. I "I retired a few minutes after 11 si'JJl ..tor die was ind.cted on the that night,'- said witness Gibbs, "I am j -; f i fh px. familiar wicn rooms oa. a auu . -luciv 1 rjurv charge pro-R'ng out or tne ex were twQ boys m room So 6 for awnile IJU. , ----ij- "- .7 . R Stunning trim neiu ueiuic i"s " " MK hntocSc. the Godsey ijirl testified tliat Caples came to her proposed mar riage, suggesting Juarez as the place tn go to h.oe the ceremony performed. O jo on!" she testified she said when ( aples made the proposal. "I would hae married him," she continued, "bo rn ie f felt sorry; and to fcet him out oi trouble.' 1 lie defence is attempting to establish the fact that the witness made state m"i.t to the effect that if she had been gi rTa house and lot he uould not have prf routed Caples. She was asked sev eral times bv M. W. Stanton, who con iibit'Hl the examination of the witnesses 1or the defence Monday, if she had not made this statement in the presence of Mr Emma 'Webster and night jailer i: I? Elliott. The witness denied mak ing the statements In answer to the oue-tiou of district attorney Bridgers the girl said that she did sav she would hae to hae a house and lot because she knew that '-Bill" Caples did not have any money, except what his mother gave J a ilpnt. and there was a man and woman in there. ' Xaeh XoIhc Made. "About 3 oclock in the morning some folks came in They were rowdy. I was awakened I -had been used to h that It seemed as if they were run ning around there loose dropping things on the floor. "I am awfully easily awakened. I heard something like someone was falling down the steps. I heard some one hallow, then I heard a big noise. I came out of No. 7 to see what It was. Identifies Ellen Godsey. "I saw a girl. I did not recognize her at first, but later Rnw she was .Ellen Godsey." Ellen Godsey was brought into the court room. The witness Identified her. "She was," he continued, ''walking like a drunken person. She was stag gering (The witness demonstrated a staggering walk for the benefit of the jur ) She ran into the door wh they opened the door the light shone on her. There was Mood on her face. and dirt. 1 could see her. There was U.S. 1 TO CAPTURE NA VAJOS DHPEHS DENIES HE WILL RETIRE Labor Delegates Are Jubi lant Over Settlement of Strike in Texas him Ellen Godsey Is Recalled. Ellen Godsev was recalled Monday out morning bv the defzwee. She took the stand after the defence introduced A. L. Cibbs and Mrs. Ida Grissom. Mrs. Gris som rail the Hollenbeck hotel, at which the Godsev girl was staying at the time of the alleged occurrence. Both the testimony of Gibbs, who was a roomer at the hotel, and that of Mrs. Grissom, was to the effect that the girl appeared intoxicated on the morning she returned from the automobile ride with Caples. t.ibbs testified that the girl bumped into a door with PTeat force and after that he saw blood on her face. He would not sav that he saw blood on the girl's face before that, saying that he only saw her profile -ashen she first passed him in the hallway of the hotel. That the defence "is going to make an effort to impeach the Godsey girl was indicated in the examination of the two witnesses and the girl herself. The line of the defence's examination was taken as an indication that predicates were be ing laid on w hich the impeachment testi mony will be introduced later. Ques tions propounded to "the Godsey girl bv the defence Monday morning also showed that the defence is relying on showing a bad character of the witness. In addition to the testimony, the jurors are being schooled, in various dances and incidents connected with show life. Mr. Stanton asked Ellen Godsev if she had not gone to the Tivoli cafe in Juarez and danced the "rag dance.'' As an illustration of the kind if a dance he meant. Mr. Stanton rose, wriggled his shoulders, made other bod ilv contortions, and took one or two steps. He sat down amid a roar from those in the court room. Caples smiled, Ellen Godsev laughed out. and then Mr. Stanton smiled "Let us have order in the court room," said judge Jackson. 'Order in court,'' deputy sheriff Kil patrick cried. Sunday afternoon deputy sheriff KH pa trick took the iury for a walk, bHt it started raining after they had walked a clok. and the deputy brought the jury back to the court house. Girl's Asrc Is 1h Question. On the ground that it was Immaterial. district attorney W W. Bndgers moved to have stricken out the testimony of "W E. and Hallle Godsey. parents of Fllen Godse, whose depositions stated the girl was 18 jears old. She testified that she was 16. The attorneys for the defence stated that they would like to produce authorities on the question. Julge Jackson announced that he would withhold his ruling until after the pre sentation of the authorities. District attorney Bridgers asked per mission to reopen the state's case, in order to introduce other witnesses. When questioned as to what he ex pected to prove, the district attorney stated that his witnesses would testify relative to facts concerning the "de fendant's flight" It was agreed by the defence that the testimony of the witnesses might be used as original testimony. Mr. Bridgers then withdrew his motion to reopen the ease. Gibbs Testifies For Defence. A. L. Gibbs was the first witness called Moada morning by the defence. tte testified 1 en beck. 21 lived there three years. He said he was Invoice clerk at the smelter On the night of September 8, he said, he retired at 11 oclock. He occupied room No 7. Room No 7, he said, was on the Stanton street side. The witness knew the location of the rooms in the Hol lenbeck. "Double No. 2" wa in the cor ner; No 1 was at the head of the stair way. Witness was shown a diagram : - - . t She was coming down the halL As soon as I saw her I stopped. A man came out of No. 6. Mrs. Grissom came They called her In, but she did not eo in. "I went to bed. It was 20 minutes of four. I could not go back to sleep. There was so much noise. The girl seemed to be whimpering. She had a. pretty good 'souse' on." "I know Rose Bailey when I see her," the witness said. Is Cross Examined. On cross examination he testified: "I am not doing anything now. I left the smelter on Oct 4. 1 never talked, about this matter maybe & casual re mark or so. I didn't pay any attention to it "1 saw her when she was coming In the halL My room is about 46 feet from the head of the stairway. She bumped into the door of No. 5. Rose Bailey was occupying No. 6. They called to her to come In but she did not" The witness said that when Ellen Godse first passed him he could not see whether there was any Wood on her face or not After he said the girl bumped into the door he saw Mood on her face The witness said that he had talked to-Mr. Stanton and Mr. Weeks about the case, but not to any of Ms friends. "You say now you have talked to some one about the case?" asked Mr. Rridcers. "I did not understand your question J tor neriurv and said that if 1 would go to Juarez we would get xsntrnea. J. WASHINGTON, D. C. Nov. 17. The United States marshal for New Mexico today asked for two troops of cavalry to take eight Navajo indians, who are charged with rioting and hrose stealing and who have fortified them selves in the mountains near Ship rock. Major general Carter, in command of the border patrol, has authority to send the troops and the request was turned over to him. that she was divorced from her hus band. "I have been married twice. My first husband died about 12 years ago," she testified. ' "Yes, I ran an orderly place. "While I had the place that was all that ever happened. "I married my first husband at Fort Worth, Texas. I lived there 2! years. My husband was in the real estate bus iness there. He died there. I married my second husband there. "I certainly tried to run a respectable place," she said. There were two Who registered there as man and wife. Had she known they were not she declared she. would not have permitted the couples to remain. Mr. Gibbs, the witness said, had room seven and was at the Hollenbeck when she took charge of the place. Dave Marshall was placed on the stand but excused to be called later. Hllen Godsey Again on Stand. Ellen Godsey was then put on the stand. She was wearing a mottled fur coat and carried a rur muff which matched. She was recalled by the de fence. "You were before the grand jury twlceT she was asked. "Yes." She was asked about the second visit to the grand jury and a question asked of her then. "I was asked that question the first tlmev" she aid. "I don't remember being asked that question the second time." ,, "On Sept 11 weren t you at Mrs. Caples's?" "I was there. I don't remember the date." "Didn't you say to Mrs. Caples that if Mrs. Caples would give you a house and lot you would go away from here and not prosecute 'Bill'?" "No." "Didn't you very often drink brandy with a beer chaser?" "No." "Didn't you very often go Into cafes and plaees here and get Intoxicated?" "No." Would Marry Caples. "You were in the county jail at one time charged with perjury. Did you not state In the presence of E. B. Elliott and Mrs. Webster that you would do anything to get 'Bill Caples out of trouble that you would marry him?" "Yes." "And stated that you would marry him if you had to go to Juarez and that -you would not expect him to stay with you one day after he married you?" "Yes." "Why did you say that?" "Well, I just wanted to help him out" Denies House and Jot "Didn't you state that if you could get a house and lot out of this, you would quit?" "No." "Didn't you state to Buck Elliott that if you ooufcd get a bouse and lot out of this you would quit?" "No." On cross-examination, she testified - 'BUI came down after I was indicted at first" "Will you say tnac ner race was not 1 said: "O, go on bloody when jou lirst saw 11 r- I won't say that I didn't see It l She went against the door casing pretty hard "When I heard this, 'wow,' It sounded like someone was happy and fell down the stairs." "You don't know that anyone did not fall down the stairs?" "No." "You do not know who let out this wow'?" "No. I considered that it was the per son who came in. No, I was not in No. 6. I don't know who was. It seemed to be a sort of family affair." Is Excused and Recalled. The witness was excused, but after wards recalled by the state. "How long have you known "Bill Caples''" he was asked. "About a -week." "Where did you get acquainted with him?" "O. I met him down here. I met him going along the street 'Dutch' Andreas and myself. Andreas introduced htm to me " "How long have you known Ike Al derete'" "Eer since I have been heie." Mrs. Grtosom n Witness. Mrs. Ida Grissom took the stand. "I lived at the Kathryn hotel,? she said. "I lived at the Hollenbeck. I used to own it just the furniture. I bought it last February. I was running the Hol lenbeck hotel on September 8 and 9. "I know Ellen Godsey. I don't know Bill' Caples. Ellen Godsey occupied room IS. Awakened By Girl Screaming. "I was in room 12 the morning Ellen Sodsey came in She awakened me by screaming I went to the door and asked what was the trouble. I saw her on the bed and some women and a couple of fellows bathing her face. The man who roomed in there spoke to me. His name was Cahill. They said that someone had knocked her in the head or had thrown her out of the automo bile. Ellen Gcdsey did not say any- tuiug to me "I spoke to Mr Gibbs afterwards. "I heard her coming un the stairway. 'That "he ffieS'" Hotel Hoi- - ""'lnass01" "aShh6r & w. Tm fttret h ha . tttatv l passed the room. She asked 4&.LeXaL,reelr. f.1hS? .. . in. She said she was writing U letter to her mother: that th newspapers had put such false reports that she wanted to write to her mother because she knew her motheV would be uneasy about it She said, 'of course most of it was false:' that they were both kids and had been drinking and she did not think there was going to be anything to it" "Ran an Orderly House." On cross examination she testified About the house and lot I said that if I married 'Bill' I would have to have a house and lot I knew 'Bill' did not have any money exept what his mother gave -him. 1 knew if I married him I would only be bringing trouble on her. "I have been accustomed to drinking ever since I was two years, old. We drank it at home. My father is a Ger man. "Mr. Fogg made the engagement with me In Los Angeles to come to El Paso." "They dance me rag dance there, don't they?" "Yes." CHINESE IN PANAMA CLOSE THEIR STORES ") It is a pathetic mistake to accept drugs or alcoholic mixtures when nature craves nourishment to repair the wasted body and restore the vigor of health. For forty years the best physicians have relied the wholesome predigested on olesome predigested nourishment in. SCOTTS EMULSION which is totally free from alcohol or opiates. Scott's Emulsion sharpens the appetite renews blood nourishes nerves strengthens bones and restores the courage of health to make life bright Scott's Emulsion sets in action the very forces that promote health. Its purity, richness and strength has stood the test of forty years. Protest Is Made Against the Payment to the Government of a New Registration Fee, Panama, Nov. 17. The Chinese ques tion assumed a serious turn in the re public of 'Panama today. All the Chi nese merchants, wholesale and retail, in this city, in Colon and at points in the interior, numbering more than 1500, acting according to a prearranged plan, closed their places of business. The demonstration was an effort to compel the Panama government to re cede from its program relative to the new registration law. This law compels Chinese to take out new certificates of registration and pay an additional fee, or render themselves liable to deporta tion. The closing of the small stores has already entaijed considerable hardship on the poorer classes, to whom the Chi nese sell butter, lard, rice and other articles in small quantities valued as low as 2 1-2 cents, a trade American merchants do not care to handle. If the laundries are not reopened within a rea sonable time, the police have been au thorized to take action. The Fanama government announced its decision to stand firm. Orders were issued to all provincial governors to pro ceed with the arrest of Chinese not com plying with, the registration law before November 25. The Chinese shopkeepers in the canal zone have not been affected. Seattle. Wash., Nov. 17. Reports cir culated -here that president Samuel Gompers. of the American Federation of Labor, was considering retirement and would be given the place of his torian of the federation and the edi torship of the official paper was con temptuously denied by Gompers today. Resolutions Adopted. The convention devoted the morning today to consideration of the report or the resolution committee, reflecting the sentiment of the executive- council, and it was adopted on every point Upon a resolution to "open the postal banks to fall use by the people," the Insurgents mustered 93 votes to the administration's 95. Resolutions were adopted, as fol lows: Advocating construction and repair of all naval vessels In navy yards. Urging higher wages in navy yards and a Saturday lalr holiday for all gov ernment employes. Requesting the secretary of the treasury to enforce the law against importation of convict labor made goods. Demanding government regulation and supervision of unloading of vessels to protect the lives of longshoremen. Favoring direct investment of postal savings deposits in school district bonds. News of the settlement of the Texas railroad strike was received jubilantly. Troubles Are Threatened. Jurisdictional trade controversies threaten to occupy many hours of the convention's time. The most troublesome question in sight is the division in the ranks of the electrical workers, there being regular and insurgent brotherhoods with near ly equal membership. The Reld faction. which is strong on the Pacific coast, has made efforts for reunion, but the leaders of the McNulty, or regular fac tion, are not Inclined to make conces sions. Trying to Orgnnlxe Newsboy. The controversy between the press men and the executive council, grow ing out of the Chicago pressmen s strike, is likely to lead to a heated fight in the convention. The Interna tional Pressman's union insists on or ganizing the newsboys and carriers in a union subordinate to the pressmen The International Typographical union maintains that the newsboys and car riers are merchants, not skilled arti sans, and should not be organized in unions. The executive council of the federation sides with the Tjpograph ical union and against the pressmen. ( To Probe Striken. With regard to strikes, the conven tion already has adopted a resolution instructing the executive council to seek a federal investigation of the Colorado coal strike and that on the Harriman system The shopmen have secured the aid of the federation In an effort to have the two year old strike mediated along with the Texas train men's strike, begun a week ago So far no formidable opposition to the reelection of president Gompers has appeared IKW "iOUK .AMENDS AVItlT IX EFFORT TO SECURE TIIAW Concord, If. H Nov 17. The amend ed writ of habeas corpus for the re moval of Harry K. Thaw to New York was presented today. A hearing to the amended petition of Thaw and also on the petition of the state of New Tork for the dismissal of the habeas corpus proceedings wll' be given in the federal court tomorrow. Thaw asks that the writ issue on the ground that he is a cltiz- n of Pennsylvania; that his commitment to Matteawan asylum -as illegal, thit the section of the New York criminal code under which he was committed con flicts with the 14th amendment .-rd le petition for his extradition don't charge a crime. The petition further says that "pro ceedings on the part of thi sn h ij1 deputy attorney of New York are t n iincing evidence of a purpose -o rV tain possession of Thaw, not for tnil on the conspiracy indictment !ut for rcconfmement in Matteawan " MASONIC OFFICIALS LEAVE FOR HOMES Impressed to the extent of believing that El Paso has the finest Masonic tempi- in the southwest, J. J. Mansfield. grand master of Masons in Texas, left Sunday evening at S oclock to return to his home in Columbus. A. W. Houston, deputy grand master, left at the same time for his home in San Antonio. Both expressed great pleasure in the entertainment provided the visiting Ma sons who came here to help dedicate the new temple, and were much satisfied with the dedication ceremonies through out. TJie oration delivered by deputy grand master Houston occasioned much com ment in El Paso. It was declared a mas terpiece. ARIZONA TO BE REPRESENTED AT THE AtnuaUEBQUE IIE4RIXG Phoenix. Arhs.. Nov. 17. To repre sent Arizona in "two important inter state commerce commission cases, cor poration commissioner F. A. Jones and Edgar A. Jones, rate clerk of the com mission, will leave Tuesday evening for Albuquerque. On Nov. 20 the long and short haul rate cases filed by the New Mexico commission will corns before an inter state commerce commission examiner at Albuquerque. It is alleged that the rates from eastern to New Mexico noints are higher than from the east to California, the Arizona commission has intervened. It is expected that the Los Angeles Jobbers" association, which is interested In maintaining the present rates, will also intervene. ?? H-MMt t,)ViJ W.I.V.UW.HTy motorists rvixtn TO EXPLUN AnOlT LIGHTS The reportrd lick of tail lights on automobiles Pun1a was rf-pon'siMi for the n"tifu ition of a nurnN r of automobilists to appr r in TminiLipil court at 4 o lock Mnndi 'iia re ported bv the police were those of Krakauer, Zork & Moe, Sues. Inc. 1- I A. Jr. r F P. Tohin R H Win jo 1'-r' It l'am. utoniohilt No 129') " i - no - ur a v 1 il VRMY CAPTAIN I? ARRESTED ON WARRANT CHARRING THEFT Cheyenne, Wyo., Nov. 17. Capt Jos L. Weir, U. S A , was arrested upon ar rival here today from Texas City, upon a warrant charging him with theft Weir came here as a witness in behalf of his wife, who is being tried in the district court under the same indict ment against her husband. They are alleged to have stolen gowns from Mr5 Grace, wife of Capt Grace, amounting to upwards of $500. BIRMINGHAM EDITOR IS VPPOIVTHD I . S. SENATOR Birmingham Ala., Nov 17 Frank P Glass, editor of the Birmingham ews and president of the Montgomrv Advertiser, was today appointed United States senator by governor O'Neil to succeed the late senator Jos. F. John ston The term expires March 3, 11)15 I.ongwell's Transfer makes the quick est baggage delivery Tn El Paso. Advertisement "Wallpaper sale 50 percent off. New designs. Yelton Paint Co. Advertisement Cleaning, pressing and dyeing. Phone Wright phone 343 Advertisement The Zciger dining room Is now open lint 1 12 clock each night for theater parties, etc Entrance through the lot tj dver!sen-ent Longwell s Transfer makes the quick est baggase delivery in El Paso Ad-vertKeriiei.t Wallpaper 1 1 1 t jiucmt off Vow '! cut Ycltun Pali.-. Co Adiij-t'st- Women at the Age of Forty laLiy (.01CJ.U1 auuuu vrxjuuxug vuu,i- particularly their health as women. For soon nature makes a very important change in the distinctly feminine organism. 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