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EL PASO HE
H ATH Wednesday, Nov. 19, 1913. . -. H k I IK Ja. ILJfUL JtM,EmMS.m.m.&Ls s Defendant and Mother Both Take the Stand; Attorneys Have a Tilt. COMPLAINTANT AGAIN ON WITNESS STAND ARGUMENTS in the case of "Bill" Caples. charged by grand jury indictment with criminal assault fn Ellen Godsey. will commence this . ftfrnoon and the case will go to the jur. some time Thursday. HrldKcrV Argument Delnjed. More witnesses were being intro d ui ed W cdnesday afternoon, and this ilflacd the opening argument of dts in. t'attornev Bridgers, which was exl pe. ted to be made shortly after court convened for the afternoon session. air Endears said he expects to con i L'de Ms first argument Wednesday .lfternoon. . tilt between attorneys featured 1' c morning session Wednesday. Ca-li,-. the defendant, and bis mother, ."'r: Margaret Caples, both took the bland Tuesday afternoon. Tuesday afternoon, judge Dan 31. J ckson appointed Drs. Paul Gallagher, M B. "Wesson and Howard Thompson to make an examination of the girl. T.'e were subpenaed Tuesday, but wore not put on the stand Wednesday mrnins. Depatv Falgbcm Testifiei. Den-atv sheriff Jim Fulgham. the f -rt wltnots call Wednesdav morn ing testified that he returned in an P'jton-obile from Las Cruces with the defendant. Caples. D. V Carpenter, one of the jurors, ho before the session of the court 1 ..esday morning, asked jndge Jackson if h' might ask a question, was in structed to reduce his question to writ ing The -juror wanted to know wheth i - the burs testied to by Ellen God s' v were blown in her hair by the 'nd or put there by some other force. The defence here announced that it nsud but withdrew the announcement to ca'l W A Sutherland, an attorney rf Las Cruces, :. M. He testified that be receired a message from Mrs. Ca ples to the effect that she wanted Ca ples to go to his brother in St. Louis. Ir going to board the tram, the wit ness said that he saw deputy Jim Kulgham get off 4he train. He and Ca pics passed right in front of him. Kulgham had testified that he did not se Caples at Las Cruces at that time: if he did. he sa.d. he did not recognise him. CapIeK "U ouJd Return Home. At Socorro. Mr. Sutherland said,he n is awafeened bv some one talking In the aisle. Mr. Cook, of Socorro, he snd, was telling Caples that Mr. Holt -"nted him to come back. Caples," he sral stated that tea d aat want t bo back, but wanted to come to El Paso District attorney Bridgers moved to have the latter statement stricken fiom the record on the ground that it was self serving. Judge Jackson over ruled the objection. "We recei ed that telephone mes Fg from his mother to the effect that there was no warrant as far as could ne ascertained, satd tautnenana. e i then advised him that under the cir- ! ci.msiances ne couia go any ptace ne r eased. He said: 'O, hen, I will go I ack ' Hr finally decided to do what h: mother wanted him to do" On eros examination, the witness 5?id that he and his partner were Ca j.less attornejs at Las Cruces and reoreserted him in proceedings there. T.ic defence here announced that it rested. Mildred Meredith was called by the itisin, Thinness, infirmities of Maw fee Great Good Cheer in The Evening of Life You can see how we looked before using S.S.S. It is astonishing how quickly elderly people respond to the splendid influ ence of S. S. S. In addition to its wonderful medicinal properties, !t con tains just the right exhilaration re quired for those who are getting feeble. This famous blood purifier starts myriads of cells into action; it arouses countless nerve centers to ex cite warmth and energy. Beginning its work in the stomach. th appetite is strengthened, digestion improve means more, . better and quicker nutrition. And as the arter ies fill with richer blood, the muscles become more firm and all the organs of the body are influenced to promote the return of general health. The reason for this is the remarkable ac tion of S. S S. throughout the cellu lar tissues of the body. One ingredient i& S. S. S. serves the active purpose of stimulating each c-llular part cf the tissues to a healthy and judicious selection ef its own essential nutriment. Not only this, but if from the pres ence of some disturbing poison "there is a local or general interference of nutr'tion 'o reus rheumatism, bron cnia! coush falling away of the flesh end the ch lis that come from thin, impoverished blood, S. S. S. so directs t-o local cells that this poison Is re 3.r3 srd eliminated from their pres c c T-cc too, S. S. S. Las such specific, state, he testified that Ellen God. sey had & number of burrs in her liair. whan she returned home the night or the alleged offence. "Mr. Weeks has just been talking to you, hasn't her' asked Mr. Bridgers. "I did talk to her; I don't want any insinuations." declared Mr. Weeks. Dis trict attorney Bridgers arose. 'Gentlemen, I want you to cut out this personal matter," said judge JacK- ' Mr. Bridges was sworn as a witness. "You asked the witness about thesa cockle burrs?" Mr. Dale asked him. "Yes, sir," replied Mr. Bridgers. "The witness testified about these burrs be fore the grand jury. I discussed the burrs at that time. Tilt Between Hudipeth and Bridgers. "Then you knew," said state senator Hudspeth, rising to his feet and llft inh his voice, ''that she would testify about the cockle burrs." "Didn't you hear she would testify to that?" asked -the district attorney to the state senator. "If you did not. you had better amend that manuscript. (The district attorney indicated the notes that senator Hudspeth has been keeping during the trial of the case.) "That manuscript " began the senator. . "Senator the court has already ad monished you gentlemen," interrupted judge Jackson, "about this matter. The court will not permit this before the jury." J. P. Weeks arose. "The state has insinuated these things," he said. "Per sonally I do not like it- I practice law honorably. I may have spoken hasti ly. I want to explain my conduct" "That is not necessary," said Judge Jaokson. Motion Is Overruled. - "Do I understand the court overrules the motion to strike out?". Mr. Stanton asked judge Jackson. "Yes. sir," replied the court. "I think the whole controversy Is improper." Stanton said. "I don't want it to prejudice the defendant's rights." "If I thought that" judge Jackson said. "I would grant the motion." Mildred Meredith testified that she was singing a song as she was remov ing the burrs from Ellen Godsey"s hair and combing it Stanton Likes Music "What was that song?- Mr. -Stanton asked her leaning forward and placing his hand back of his ear. "I am very fond of music." He smiled at the wit ness. The jurv was sent into the stenogra pher office. In the absence of the jurv, she said: "When Ellen Godsey came in I was taking the burrs out of her hair, and combing it I was sin gin c" "What was that song?" asked Mr. Stanton. ""You made me love you but I did not want to.' " The witness said that Ellen Godsey half smiled at the song. County attorney P. R. Price was put on the stand by the state. The county attorney testified that he first met Ellen Godsey at the special meeting of the grand jury and later in the of fice of chief of detectives Jesse C. Stansel. A question of the district at torney about the statements - the girl made at that time precipitated an ar gument and the jury was again re tired. Testimony To Be Disregarded. Pending a final ruling on the ques tion relative to the statements of the Godsey 'giil, judge Jackson instructed the jury to disregard the testimony or the county attorney already given. Mr. Prioe then testified, under objec tions of the defence, that EIen Godsey I stated, that prior to the alleged occur rence, she had never had relations with anv man. The county attorney stated that Ellen Godsey was a witness before the grand jury when investigations were being made in the cases of Dave Marshall and Harry Davis. The defence moved to strike this out on the ground that it was not materia). The motion was overruled. On cross-examination. Mr. Price testi fied that there were no Indictments re turned by that grand jury against Marshall -and Davis. Mrs. Ida Grissom was recalled by the state. She testified that Ellen God3ey came in the morning of the alleged assault about 2 oclock. Rose Bailey, she-said, she thought came in at 12. Bars in Back of Girl's Hair. The Meredith girl, recalled, testified that the burs were in the back of Ellen Godsey's hair. Crawford Harvey, a member of. the grand jury that Indicted Caples, was called "Was there a discussion about with- Bad Cough Advancing Years stimulation on these local cells as to preserve their mutual welfare and a proper relative assistance to each, other. In a very brief time S. S. S. has the reconstructive process so under con trol that remarkable changes are ob served. All eruptive places heal, mys terious pains and aches have disap peared, and from rhead to foot there is a conscious sensation of renewed health. That strange, moody, morbid feeling of depression Is lifted, and the entire system, responds with surpris ing energy. From the fact that S. S. S. is purely a botanical preparation, it is accepted by the weakest stomach and has great tonic Influence in all the digestive or- gans. it is certainly a wonderful blood medicine, and is prepared direct from native materials gathered by the experts of the famous Swift Laboratory- Not one drop of minerals or drugs is used limits preparation. Ask for a S. S. and insist upon having it. At this time of quick weather changes S. S. S. will not only put strength into your body to resist sick ness, but may save you from an oth erwise more .serious attack. You will find S. S. a on sale at most any drug store, but be very careful not to be talked into something else. b. fa. fa is prepared only by The Swift Specific Co- 2T5 Swift Bld., ' Atlanta, Go, 1 HilEflS ARE KILLED BEFORE REBELS Rebel General Declares Federals, After 49 Hours of Con tinuous Fighting Evacuate, Only to Be Overtaken and Defeatedr Many Buildings Are Des troyed by Shells and the Torch. pv ROWNSVILLE. Tex Nov. 19. r With the loss of hundreds of lives --" and with great destruction of property in what Gen. Pablo Gonzales, rebel commander, describes as the "bloodiest battle of the revolution, Victria, capital of the Mexican state of Tamaullpas. was captured by "Consti tutionalists" early yesterday. The fall of the capital city gives the Insurrectionists control of the entire state except the important seaport or Tamplco. against which a strong force of rebels already is operating. Gener al Luis Caballaero probably will be named military governor of Tamauli pas by the "Constitutionalists." Dead Litter the Street. General Gonzales, who commanded the besieging "Constitutionalists" made his report by courier to Jitninez and bv telephone from there to rebel headquarters at Matamoros. No defin ite estimates were given of the loss of life, but It was said that bodies of the dead littered the streets and lay thick through the courtyard and halls of the government palace, where a portion of the federal garrison made a la3t stand after being driven from a Catholic sanctuary where they took refuge. Every one of these defenders were slain. Federal Demomllxed. The greater portion of the garrison of 3.000 men. however, evacuated the city after 49 hours of continuous fight ing. They retreated to Tula, several miles away, where thev were overtak en by the "Constitutionalists" and again decisively defeated. They fleo demoralized into the hills. General- Rabago, Araamendi anl drawing the indict-nent against Caoles?" Mr. Bridgers asked. "There was not" mien Godsey took the stand. She stated that she had submitted to a medical examination. She had gone to Dr. Paul Gallagher and two others, she said. Dr. Gallagher. Dr. Howard Thompson and Dr. M. B. Wesson had been appointed by the court to make the examination. On cross examination she was asked if she had met a certain man and at her request he had taken her in his automobile to the road house. The court sustained the objection to the question. Adjournment was taken until 2 oclock Wednesday afternoon. Defendant's Mother Testifies. Mrs. Margaret Caples, the mother of the defendant, was the first witness placed on the stand by the defence Tuesday afternoon. She testified: "I have lived here 2S or 29 years. I have five children, four bojs and one girt. "Bill" is past 21 years. "I was In St. Louis recently. My bealth has been very poor." "At the time you got this informa tion did you know anything about a grand Jury?" "I did not. I sent for the girl. I had a talk with her. She said she was out joy riding and there was nothing to it just a drunken row. I thought it best to send for my attorney Mr. Stanton. "l"ou (addressing M. Stanton) told her she might talk or needn't to: that you were the attorney for the. Caples estate and would represent Bill." Mr. Stanton examined the witness. "She said she was 16. She corrected that and said she was born in 1895. "She said that some one had advised her wrong, that it was nothing seri ous. I think you went first. You told her to go back to her room. "I talked over with you. If you re member, four or five days before that, about sending him to school. "I sent him away. At that time I did not believe there would be any prosecution. Qncntloned the Girl. "J asked her all about the case. I asked her if she was a pure glrL She positively said she was not." "What was the object In asking her that?" "If she was a good girl he should marry her. "The girl told me she would ,llke to go home to her parents in Los Angeles. She said she did not have any clothes or a trunk. I had a trunk and told her that If she wanted it she could have it. "Of course, when I found out there was an indictment out against Bill I had him brought back." Mrs. Caples said that she did not know of any process being out for El len Godsey when the girl left for Dem ing. "I gave Harry Davis the check to get the girl's clothes antT trunk. She said her mother was very sick and she wanted to go home to her. I felt very sorry for her." On cross examination she testified that Caples was gone when she had the conversation with Ellen Godsey about marriage. "She said she had been with other men" "Then you changed your mind about letting 'Bill' marry her?" Mrs. Caples bowed her head and an swered: "Xes." Mrs. Caples reiterated that both her son and Ellen Godsey had told her there was nothing to the case. The girl she said told her this four or five times. Mrs. Minnie Marsh, a witness for the defence, testified that she ran a room ing house on West Overland street. She saw Ellen Godsey at her house sitting In the parlor talking to a man. Edith Campbell was there with an-othex-man. After awhile the two men left and then the girls followed.. "mil" Caples on Stand. "Bill" Caples was then put on the stand. He testified: "I am the defend ant. I am 21. I met her on Sept. 7. It was in the evening. Harry Davis in troduced me. I asked her if she want ed to go out and. she said she could not. she had a date with Mr. Schuster "I saw her the next day. She was standing in the theater. She c.me out I thought I would get a drink and went into the bar. She passed by and called me out. "We went into the cafe. She said she wanted beer. We stayed around drink ing off and on. all afternoon." He did not know how many drinks they had "I know I had $10 and when I got home I never had a cent." he said. "I gave Davis 70 cents, all I had, to go out and get two tickets to the show I invited him to supper We came back about 7:30. Wasn't Looking for Her." "A negro porter. I believe, told me that the Godsey girl wanted to see me "I wasn't going to look for her at all T went in. T think we had about two, drinks. I asked Davis in the pres ence of the girl If he had th tickets and she spoke up and said she wanted to go. "We figured that we were all prettv well under the weather and bad better wait until the curtain went up and the lights went out. "After we got In T requested her to keep still or I would have to leave I saw mv mother, she kent nodding to me to get out T wfi afrpid th-t 1 T ptTtrl on Mi""- "ode iouM "rail i- rd mill i 4o" " T ' T i:-. wT r , (Jod's saue, let s trj .iiid keep her II BATTLE fei ffffi? mmwmmmm ji jLIL VlblUHiH m Eugenio Aguilar commanded the fed- The attacking "Constitutionalists" were reported to number about 5,000 men. Their loss was four officers and between 30 and 50 men. General Gon zales said that the federal loss would run into the hundreds. Property Loss la Heavy. Terrible destruction to property was done in the two days battle which raged throughout the principal streets of the city and many handsome build ing not razed by shell, were levelled by the torch. Victoria has a popula tion of 15,000 and is situated in a rich farming section. Inhabited by many Americans. Before the federals abandoned the city hundreds of guns were piled In front of the arsenal and fire started about them. The "Constitutionalist" lead re ported, however, that many of the guns were salvaged. Horses, sadles, four cannon and much ammunition was captured. Four prisoners were captured. BATTLESHIP fEW HAMPSHIRE IS ORDERED TO TIXPAM Veracruz. Mex., Nov. 19. The battle ship New Hampshire sailed from here today to join the Louisiana at Tuxpam. whre the situation is reported threat ening. -YATIONAI. GR.VNGE ENDORSES WILSON'S 3IEXICO POLICY Manchester, X. H- Xov. 19. .Presi dent Wilson's attitude in the Mexican situation was endorsed today by the rational Grange, which is holding its annual meeting here. ouict and then when the curtain goes down, we'll get her out.'" Caples then detailed the bottle Inci dent and the disordc-. "As the curtain was going down I got up to get out. I did not stop to see whetner she was following or not. In the meantime an usher came and said that if she could not act like a lady not to stay in there. "I don't know to this dav how we ever got together again. Wo were in the Angelus cafe again. We must have had three or four drinks. "I had the machine out in front. "She Requested "She requested that we take a little automobile ride until the other girls got out of the show. We went out Mon tana street first. She was nodding her j head like she was drunk. She did that 1 twice. Coming back she said she had driven a machine in Los Angeles. Harry was afraid she would run It into something. "I said to let her have her way that if we were to go, all would go. "She drove the machine back and then Davis took the wheel again. "With the other girls we went to Juarez. Miss Godseys statement that we did not is very untrue. "We went to 'George's' place. They had a piano player and a gentleman singer. Miss Godsey appeared live and happy. Everybody I saw was drinking. I danced the rag. Got $20 From Mother. "Were you stocked up with money?" "I had been home to my mother and told her I owed a friend $20 and she gave It to me. "I came back -from Juarez the same street I went down. There was a big clock. It was 15 minutes of 2 I sent Davis down to the Swastika club and he got a dozen pints of beer. "When we got to the cafe, we sat there a minute. I was broke anl I knew that I could not go in and charge anything. "We went out in the machine again. She kept pulling the spark up and down. And Let Her Go." "When we got past the cemetery and there was no one on the road, I just advanced the spark and throttle, and let It go. "The hood blew back and hit the wind shield. Then I said I would have to stop and get it. She said we could get it when we came back. "We were running closfe to the ditch when she put her hands over. She had her hand on the throttle. I pulled her off and she struck me. "I stopped the machine and walked back to get the hood. We must have passed the Lone Star a mile or so before we stopped. I got out and got six bottles of "beer." The witness said the two drank ten more bottles of beer at this time and missed two. Witness denied specifically the main allegations. "Friendly an Ever." "Coming back In the machine she was Just as friendly as she was going down," he said. "We weren't talking much." - Mr. StantSn read the indictment to the defendant. "Is that true," he asked. "It is 'not," the defendant emphati cally declared. The rest of the testimony was chiefly about the trip to Las Cruces and the arrest. "My conscience was all right, didn't bother me There was nothing on my conscience," said Caples. The witness said arrangements for him to attend school had been under way. The witness said that his Inten tion was when he went to Las Cruces was to go on to school at St. Louis. The witness said that Ellen Godsey wnen yon feel lass hm i Stretcny, Half Sick, Blue and Out of Sorts, look to tao Uyer; It Is Torpid. Is the Remedy Too Need. It Is an invlcroratlnr- ton! for Zl ' a torpiu liver. Tne nrst doso brings improvement, a Xew daya use put3 tne liver in lino vigor ous condition. Kerbine also ex- tends its restorative Influence to tne stomacn and bowels, it m 1 neips digestion and food assimi lation, DUrtfles the bowels and brings back the habit of regu lar dally bowel movements. When the stomach, liver and. bowels are active, bilious Im purities no longer obstruct functional processes, the result of which Is renewed enercv. mental activity and cheerful spirits. H j Price 50c per Bottle. j JamesF.Ballard.Prop, StLouIt.Mc Use Stephens Eye Salvo for " s-yes. it wures. ijSotoAMDRrecmnEHOEaByi! AH DrugxUi PALLOR of the sMn, palpitation and debility, are the prominent symptoms of anaemia. Perhaps this is your trouble, and you haven't fully realized it. There is only one thing for you to do, and that's to take a good reliable medicine that will attack and expel the poisons in your system and increase the red corpuscles now so deficient in your blood. has demonstrated during the past forty years that it is composed of the most suc cessful ingredients laiown to the medical world that can aid the stomach in manufac turing rich, red, life-giving blood. Science has placed its seal of approval on every one of these ingredients. had told him about the picture first objected to. "I figured out she wasn't much." said the defendant. The defence here again urged the introduction of the picture in evidence. Objection to Its Introduction was again sustained. ?io Sympathy for GlrL "Miss Godsey said when I saw her again that she had been arrested for perjury and I had better stick to her and get her out." "Well, you did stick to her?" "I did not" "Who employed Mr. Weeks and Mr. Stanton to defend her?" 'I don't know. I didn't know they defended her." " "Well, you had sympathy for her?" "No." "You have sympathy now for her?" "Not a bit." The witness denied that he knew anything about Ellen Godsey being asked to leave. TIIT1 FOUR ARE DEAD II nPLOSIfll Acton, Ala., Xov. 19. An explosion in .No. 2 mine of the Alabama Fuel and Iron company here late yesterday killed 24 men and injured six others. Six of the miners who were entombed by the explosion were rescued alive. . The bodies of nine of the victims have been identified. The rescuers, who began work" last night, came upon the bodies of seven miners at the sixth entry to the mine. The explosion is believed to have been caused bv ignition of dust, set off by a miner's shot. Rescue work was undertaken in a systematic manner. The new federal automobile ambulance made a quick run of 34 miles from Birmingham, arriving here simultaneously with the Tennessee Coal and Iron company's crew by ppe-1 ciai train, xiie mine inn, -tvmcu as not damaged by the blast, was set in motion at once. The mine "was comparatively new and was said by officials to have been pro vided with modern equipment through out. State mine officials are investigating the explosion. EL PASOAN EECEIVEB OF DOUGLS BANK AV. E. Arnold, Cashier of Rio Grande Valley Company, "Will Reopen Arizona Institution. Douglas, Ariz Nov. 19. W. E. Ar nold, cashier of the Rio Valley Bank and Trust company, of El Paso, who has been appointed receiver for the Arizona Bank and Trust company, of this city, has gone to Tombstone to file bis bond. Mr. Arnold expects to return to Douglas Wednesday and Im mediately begin making arrangements for reopening the bank for business. It Is stated by former bank officials that the institution will probably be able to pay a larger precentage than had been anticipated. Winchester Cooley, manager of the Rio Grande Valley Bank and Trust company, said Wednesday that Mr. Ar nold would remain In Douglas for about a month to reopen operations of the Arizona bank. The deposits of the bank reached about $113,000. Mr. Cooley said, while Its capital stock is 25,000. "Our bank is interested to a small extent in the matter of a loan to the Douglas bank." said Mr. Cooley. "and we succeeded In getting Mr. Arnold named as receiver." DEATHS A1TD BURIALS A. S. REYNOLDS. A. S Reynolds, a "newsboy." though aged and Infirm, was found dead in his room at the New Home hotel, 581 1-2 South El Paso street. Tuesday by Henry Loeben. an E. P. & S. W. engi neer who roomed with Reynolds. Jus tice E. B. McCHntock was called for coroner service. Acute pneumonia was given as the cause of Reynold's death. He was long a familiar figure on the streets every afternoon, and many bought their copies of The Herald from him regularly. MRS FRANCES PAZ DE PKIUERO. Mrs. Frances Pas de Piquero died at hr residence. 321 Chihua sua street, earlv this morning. The funeral oc curs this afternoon at i o'clock at the church of the Sacred Heart. Mrs. Pi quero was 68 years of age. Three children survive her: Mrs. A. Long challon of New Orleans, and Mrs. M. Fernandez and Caesar Plouero of El Paso The latter is an employe in the auditor's office of the Madera com pany. nODY MOVED TO EVBROREBX. The body of F M Goodln. which has be-n buried for 25 years at Capitan. N. M. was disinterred and shipped to EI Paso. and burled in Evergreen cemetery Wednesday afternoon. T.oncw ill's t8-iuls sri'i' r.uikcst ' 6' rwic. Phone 1. AJvciUstint.uu I Take this medicine. Begin today and you will find that the time will not be long before you will feel the full enjoyment of living. Your druggist can supply you in liquid or tablet form or you can send 50 one-cent stamps for a trial loox.. Address Dr. Pierce's Invalids and Surgical Institute, Buffalo, f BMHHiSaaS'BHmflKmBHHEMSHiHHB. Free to IVSeri Would You Like to Be a Strong, Husky, Manly Fellow Once More? New lYlemod The attached coupon entitles you to one illustrated C007 of my pocket compendium and guide for the self restoration of lost strength. (See description below.) Upon hearing from you. this valuable little book of private information for men will be sent by return mail in plain, sealed envelope. Please call or write today. 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