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BENTON'S DEATH AROUSES- THE U. !:; -:!!- -::- -::- -::- "M'' -::- -::-- -:):- -:- --::- LOCAL MASS MEETING IS CALLED TONIGHT -''- HI:- -::- -:l--' ":ll:- -::- -::- -::- -::- -::- SCOTCHMAN IS MURDERED BY REBELS LPA o S R A LD E UTHW MILITIAMEN WEREHIRSH, WOMEN SHY Tell of Profane Language Al leged to Have Been Ap plied by Guardsmen. "WIFE OF STRIKER ADDS TO TESTIMONY II I A ni?l) A EIT'C! Qf IFkLd 1 i i EL PASO, TEXAS, FRIDAY EVENING, FEBRUARY 20, 1914 (12 PAGES TODAY) . WEATHER FORECAST Unsettled. ASSOCIATED PRESS LEASED WIRE Day sad Kigat Reports. TRINIDAD, Colo., Feb. 20. The conduct of the, militia during the Colorado coal strike. In which charges of unnecessary harsh ness on the part of tne guardsmen was alleged, came up for consideration be fore the congressional subcommittee at today's session Miss Helen Ray. a school teacher. Testified that on the occasion of an elleged quarrel on December 31, she had heard a soldier use profane lan guage Say General Kicked Her. Sarah Slater, a 16 jear old school gi-1. said she was kicked by general Chase when the general was trmg to lear the streets oft the occasion of the women's parade She declared she saw general Chase fall from his horse and later heard him give an order, "Ride down the women." She said a militiaman tried to hit her with Mis saber, but hit a telephone pole She declared that she saw four men arrest two women "I said, 'shame, does it take four men to arrest two women-' How many would it take to arrest a man" At that one of the soldiers brought the 'utt of h's grun down on vay foot. It hurt nil so I couldn't walk. Threateaa WHk Bayonet. 1 saw a militiaman threaten to "tick a , oman with his bayonet be- ause sr wouldn't walk fast enough to suit hir.'. She was carrying a baby about three years old." The girl said she was arrested, by the soldiers and placed in a filthy cell, and kept prisoner for about six hours. Captain Hanks cross examined the witness One admitted that she had "talked back" to the soldiers, but In sisted that she had had ample provo cation. Replying to a question by represen tative Byrnes, she declared that gen-' eral Chase kicked her ia tha chest, but that she was not hurt, by the general: , foot, -which was in ttft stirrup. Fatfcer Interceded for Girl. Attorned s for theT United Mine work ers called the girl's father, George slater He told of learning of bis daughter's arrest and of securing her i el ease hv interceding with general Chase General Chase he said, when he learned the girl's age, sent to the jail and brought her to military head quarters, later turning her over to her father w ithout bond Printer Tells of Rifles. TAKING win him a carload of ammunition and the members of his staff, Pancho Villa left Juarez on a special train early Fnday morning for Chihuahua to resume command of the preparations for the march on Torreon. He will reach the state capital tonight and will remain there two or tnree days, according to statements made before he left. So unexpectedly did he leave, that there was no opp ortunity to get from his own lips the story of the execution of William S. Benton, British subject, who "bearded the lion in his den" Tuesday afternoon by telling Villa that he' and his men were a crew of robbers. Juarez is now under the command of Col. Fidel Avila. Federico Gonzales Garza is legal adviser to the colonel. ' Garza is the man who k reported to have sat as president of the court that ordered the execution of Benton. MAXIMO CASTILLO AND HIS AMERICAN GUARDS NEWSITEFOR POSTOFFIGE UNAFFECTED Court of Appeals Decision Has No Bearing on Title to Property. PROPERTY STAYS WITH EAILROAD T TIE proposed postofflce site at the corner of Stanton and Mills streets will not be affected In any way by the decision of the eighth court of civil appeals in the case of Horace B. Stevens, and others, versus the Galveston, HarrlsDurg and San An tonio Itailwaj company, handed down Thursday. That is the opinion of judge Josepn V Sweeney, who with Inriire W Al Coldwell, represented the plaintiffs m the suit in the 41st district court whei it was first tried and judgment re turned for the defendant companj. "The decision of the higher com t will not affect the right of the go erntnent as to the ownership of the postofflce site," said judge Sweenej. , "I cannot sefrjthat Ibe dtefclwg ffeet I the rite at alt Jt the- railroad com pany should finally win the suit, then the cojnpany will be entitled to the . consideration that will be paid for the , site If we should win, then we will get the consideration. The considera tion, I believe, is between $35,000 and $45,000. That, I believe will be paid over after tbe final settlement of the suit The government can take the property at any time." i The suit itself involves nroDern wutlq i.uuu.uuu, we Alfred L. Wheeler, a printer, testi- f ?Yr t " "UU'V ""v,"" new Postottice fiert that in October. 1913. he had seen site being included. The property ex- several cases of rifles in the office of a Trinidad newspaper On cross examination by judge J. G. Northcutt. the witness admitted that he was not certain that judge Xorth ( Jtt and district judge A. W. McHen dne were partners at the time he said be saw the arms in the newspaper of f'ce, in which are located the law of fices of judge Northcutt. Alleges Militiaman 1as Profane. There was a wrangle over the ad missibilit of testimony regarding the labor conditions in nej spaper offices, pnd representative Austin caused a laugh b remarking: 'Gentlemen, if we once start invest igating the attorneys in this case, we'll never get back to Washington." The committee ordered the refer ences to judge McHendne stricken from the records Mrs Stella Hayes of Trinidad, wife of a striker, testified regarding the parade of women on January 22. She said wh'Ti the m'litia cleared the sticets she was pushing a baby car nage and trying to keep, out of the wav of the soldiers. A soldier's horse struck the bah buggy, she testified, rnd the soldi-i said. "If vou don't iv ant your baby killed -vou'd better Icaie it at home. She quoted profane language which she said was used by the guardsmen. Cant. Dank Makes Protest. The witness was cross examined by Capt Danks, who asked if Bhe had made any complaint to Gen Chase. I dent know Gen Chase and don't want to," replied Mrs. Hayes. Capt Danks made a formal protest against the admission o? evidence on ' these little police court matters" re lating to the militia He d'clared that such testimony was irrelevant and tnat it would take a long time for tie militia to refute all vt it Gen. Chase Will Testify. At the end of Slater's testimony, Capt Danks said that Gen Chase would appear before the investigation was oier "I want to ask him about kicking that girl," remarked representative Kvrnes. David Hammond, a miner who went ,-n strike last fall, and who was on the committee which appeared for the min. f rs when governor Ammons tried to tnng about a settlement of the strike. (Continued oa Pace 1 Column 4.) 1 tends from Mesa avenue to Cotton avenue along the rightofway. The . suit was first brought by Horace B. I and Charles B. Stevens and Z. T. White against the G. H. road in the J 41st district court in the form of an oral nary trespass to try title suit. The plaintiffs laid claim to the northerly half of blocks .3, 10 and 42 and the southerly half of blocks "88 -and 43, Mills map. Thomas T. Gantt and David Rankin were the original grant ors of the property olaimed by the plaintiffs. The grantors, the plaintiffs claimed, had deeded the land to the railroad company for specific railroad purposes, constituting in effect an easement. The conditions, the plain tiffs claimed, had been violated by the railroad company. The railroad com pany denied that it had used the land for any other purpose than railroad purposes, stating that it had laid its j-trackd and built its depot on the Drnn- eny in iB5i. me ranroaa Companyj, -..U hUv uwu uuvu. 1...W M.UU IUI V years. Ater the suit was instituted by the plaintiffs, the late W. W. Mills and wife and the heirs of J. P Hague intervened claiming an undivided one-eighth of the property not claimed by the plain tiffs In the trial of the case in th district court judgment was awarded to the defendant company for all the land, including a one-eighth that the railroad company was found to own in the first place. As to the interveners, the higher court reformed the decision of the low er court to the extent that the Mills a sl!L t& -bbbbbbLu.-. da bbbbbHF ' 3BP aBBBBBaHP IHK JbbbbbT ' VL lliiinfiiiak 'KKilfe 'lallgaaaal JataSiJaaaaaaK rBWngmBfc FPl wttsWfly !E.ft T&glGBBaaBBnaaaaaanaaaaat aaaaHaHaHw i& Villi! I jPHEManiaaaafe. 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JL 1-lHaBtiilt TflBlafrnffif llfffTTlffiTilliaMBT BENTON KILLED BY THE REBELS' FIRINGSQUAD English Citizen Shot in Juarez, After Being Tried by Courlmarlial, It Is Declared, on a Charge of Threatening to Kill Villa Official Confirmation of His Death Is Furnished American Consul by Gen. Villa. MASS MEETING IN CLEVELAND SQUARE E X-GOVERNOR GEORGE CURRY, of New Mexico, will aldress a mass 'meeting k Cleveland square this evening at 7:30 on the execution of William Benton in Juarez. The mass meeting has been called by a number of El Paso citizens and Americans and other foreigners who are refugees in the crhr from El Paso. They feel that the slaughter of foreigners in Mexico has gone long enough without foreign powers intervening and resolutions are being prepared for adoption at the meeeting, to be forwarded to president Wilson and secretary of state Bryan. w ILXJAM S. BENTON is dead In Juarez, a victim of the rebel fir ing squad. Fears of the family and friends that "Bill" Benton crossed to Juarez Tues day morning never to return alive were confirmed Friday morning when Amer ican consul Thomas D. Edwards went to the Benton home, 816 North Oregon street, as an envoy from Villa to tell Mrs. Benton that her husband was dead British consuls, the British minister. Sir Cecil Spring-Bice, at Washington. and the British foreign olfUte Of tb t London soverajnent. had, bcejf aftPflfMg Wo- V atJasfcea TbaWilgHI Inve'rtigation and fix the responsibility lor the death of the Scotchman, who was a British subject. Henry Cham- berlair, noon, according to information from i rights as a British subject, his cousin, T n ! WllT1.n T j i nntn. JTT3 Juarex No trace has been found of the body, although every effort is now being di rected to recovering the body to be brought across the river and given a Christian burial. This was the first ap peal Mrs. Benton made to consul Ed wards Fridav mornine. but the consul sajs that he does not think this win fce ! ffs taxes and has trtei to kaL? ooVisible as the bodv has already been l nilt?rean.d ". tnelto keen, out t,.,T ; kIu ". " "? pumicai axiairs. 2Vot Villa' Way. Benton's relatives do not concur la the statement made by Tills to Ed wards that Benton was tried and exe William Benton, declares. "Villa told my cousin tnat lie was a fednraJ sym pathizer and that he did not -Want him in the country, and he was going to run him out," said William Benton, the cousin of the dead man. "This was not true, as -my cousin has never -taken any part in politics in Mexico, but has paid a to keen out al When Vlllo rwa muda iu cut tne zences and let oie people of Santa Rosalia run stock on me lencen lands. Klnfnn wn ... T A .-w.. ai .j urez 10 protest against this action a a hie Aottla -A.A -w js - 2 o-tedTitey cit.th fact that this is ZZ, ai"t- ""cVSf 1":?? ,5 Lan, s way ot aeauamymmtm of tBM. w k-JT ir"" 'f al1 w-. t8F'""p i --s rxr-r" .rf l . H that my eoosfa went to Juarez. I was afraid for him to go and begged ?SLi. me K Mt-4 s I was .au ciii. ne mieot jsjit.- mnm.t- ant viua TriiTWnaT rlaaMTH a1IUi1 and snot Benton' down H& office. A stor was told Wednesday that there was a woman in Villa's office waiting to see the general on business and that British consul In Los Angeles, I sho interfered to stop the two men from I ,he being a little hot-beaded, and i naving a nana to nana encounter, viiia i " rr. r"1 II oetter Then m-. -Photo by C. G. Rosher. BRYAN ORDERS PROMPT INQUIRY . v , Cabinet Meeting Is HelrPon Receipt of News that Eng lishman HasBeen Killed; ConsulEdyrards's ' Dispatch Merely Announcesieath.of Ranch Owner, It Is Assexted. WASHINGTON. D. C, Feb. 20. Secretary of state Bryan after a., cabinet conference today ordered an immediate in-vestigation of the killing of . S. Benfojo, the Eng lish ranch owner, at Juare Secretary Bryan announced, the news estate and the heirs of Haeme -wpt-. I of Benton's dath as bh went into a tSJI-" ,e house, rieht to use this nronwtv f ZR- ? Kp declared he had absolutely no de- 35o tat uponcesUioo'tht 4otS,Ci&db fr "J1 rnee property u to revert to the ' Z&?5 tttJS5& In the case of the plaintiffs in the 1 JPriif,h Ambassador Hears News, lower court the Stevenses and White i s,r ccfl Spring-Rice, the British am the higher cort found that their I "aador, who called op' secretary claim was based on a quit claim deed Bryan o ask for information of Ben from the Campbell Real Estate com- vton' a,so waa told I the news, pany, which had deeded whatever I Benton disappeared in Juarez last rignts remainea alter the prior deed to I -mesaay ana nad not been neara irom tne railroad company. The court also disposed of the plaintiffs by finding that none were grantors, heirs or suc cessors. The plaintiffs were let out bv the further f.rding that the origina'l grantors, under whom they claimed, in (Continued on rage 7, Column 4,) ' COUNT ACCUSE OF DUAL MU M SSERITZ, Germany, Feb. 20. Count Matthias Brudzewo Mielzjnski, a Polish nobleman and a member of the German imperial parliament, was placed on trial here today, charged with killing his wife and her nephe-n, count Alfred Miac zmski The two were found dead on December JO at the countrv seat of the countess in Dakowy Mokrz, near Graetz. The count is charged only with man slaughter, the state's attorney, Dr Boelfahr, holding that the accused acted without premeditation and al most withou being aware of what he tas doing. The count voluntarily waipd his parliamentary immunitv in o-iki to permit the! trial to take place shotx tromr Household. The crime attracted widespread at tention, owing to the social prominence of the parties involved. The count and countess who had been separated for some time, had just resumed joint res idence at Dakowy Mokrz. On the morning of December 20 the servants in the house were aioused by a series of shots. On entering the countess's apartments they found the count stand ing over the bodies of his wife and her nephew with a rifle in his hand Finds Couple Together, Claim. The count said he had been awakened by noises which he attri buted to burglars. He had snatched a loaded ifle from the gun rack in the hall and had started to investigate He traced the noises to the countess's .inartrnPTits and nn ami'ii .u i - I turned on the electric light and found the countess and hei nephew together since His wife and friends feared he had been executed by Pancho Villa, the "Constitutionalist" leader. Villp denied knowledge of Benton's where-, abouts, but Thursday in a conversa tion with enquirers Villa intimated that he knew something about the Englishman and added that Benton had threatened him with a revolver. Villa was quoted as expressing profane in dignation toward an appeal to the British ambassador at Washington. To rrotect English Snbjcets. Sir Cecil Spring-Rice asked the state department yesterday to take steps for the protection of British subjects. Mrs. Benton had received an unconfirmed report that her husband was a prisoner in a Juarez jail. He was largely in terested u mining and had a 100,000 acre ranch in Chihuahua, llrayan Receives Details. Later secretary Bryln said he had a despatch giving some furtheV in formation about the death of Benton but that It did not contain enough facts on which to base an opinion of the circumstances. Malntnln Judicial Attitude. In communicating to the British am bassador the news of the death of Ben ton, secretary of state Bryan added that he has ordered a thorough in vestigation through American consul ldw.?rds Juarcz and consul Letcher at Chihuahua Pending the result of the inquiry there is everj disposition on the part of officials to maintain a judicial at titude and await the production of evi. dence. The facts so far developed have been reported to the British foreign office by ambassador Spring Rice Considers v. S. Action Prompt. It was said at the embassy todav j that the action of the state department n0 Deem, grauiyingiy prompt and, thorough. It was, pointed out that the American government cannot be held responsible in any sense for Benton's death. While the state department has undertaken to extend protection to British subjects in Mexico where this is necessary, it has been done entirely by courtesy and not as a matter of international right. The situation of the British in Mexico Is precisely the same as that of the Spaniards, whom the United States gov ernment has tried to protect in the face of threats of wholesale killings, and for the failure of its efforts it can not legally be held responsible. Under normal conditions the British government would look to Gen. Huerta for redress but his authority does not extend into northern Mexico and at present there is no disposition to ex tend recognition to Villa. May Order Britons Out. Although it will be for the British foreign office to decide what shall be done after investigation establishes the Tact in the Benton case, the under standing is that the one immediate re sult will be formal warning by the British government to all its subjects in tne country now occupied oy tne "Constitutionalists" to immediately abandon thclrf ranches and places of business and ropair to places of safety. Such action will be taken on -he at titude that British subjects are no longer safe in the country controled by Villa. "OBEY" REMAINS IN , MARRIAGE SERVICE London, Eng., Fb. 20. The omission of the word "obey" from the marriage service of the church of England ap peared to find considerable support today among the bishops attending the house of convocation of the province of Canterbury, now in session in Lon don. a formal motion to omit the word, of which the bishop of Lincoln had gicn notice, was withdrawn, however The bishop gave as his reason that he thought he was unlikely to carry a large majority of the house1 in favor of the proposed aleration. MONDIY IS LEG VI, HOLIDAY. The postofflce and federal building will be closed Monday, in honor of Washington's birthday. Sundpv is the anniversary of the natal day of Wash ington, but as that is a holiday under in circumstances, Monday will also be declared a daj of lest. t is now speeding across the desert on ' Vi n limltail t-ni rt -ntrlA tkn Ara( A port on the affair to his superior at Washington Telegrams have been pouring into El Paso from the Wash ington state department, from Scotch men and Englishmen In the United States and by cable from England. , Executed After Trial. ' How William Benton met his fate is j not known, but it is said to have been like a Scot When Villa informed Amer ican consul Edwards that he would give him the desired information relative to the execution, he obtained a pledge of secrecy from the consul not to divulge the details of thfc tragedy to anyone except to Mrs. Benton and the Wash ington government. Acting utan instructions from his j government, Mr. Edwards had informed J Vllte, that no harm must come to Ben ton, if be was prisoner, whereupon, at 1 a conference held in the American con I sulate in Juarez Thursday night. Villa told the consul that Benton was dead and then gave the complete story of the death, and" incidents leading up to it. Consul KdvraraVs Statement. "Officially I consider' Benton dead," the consul saki Friday morning "I say that because I was told officially by Villa that he was dead. But I may have my hopes and doubts about this matter that I cannot expressvin Words." The consul's veiled hint that there might be a bare chance of Benton be ing . allye is Jiot taken seriously by Benton's family, who have insisted from the first that he had. been killed by orders of Villa, if not by Villa him self with Hls'own pistol. The death of Benton, according to in formation in Juarez, --followed- the clash between Benton ad, Villa in Villa headquarters Tuesday morning. Meant To TaUc Straight." Benton told hte cooaln, William Ben ton, that he was going over to' tell Villa "what he thought of him, his onusln mmtra Hi. relative tried to Per suade him not to go, arguing with him I tnat jje, Benton, wasv lncnueu u " -quick tempered and tha he would Viot W the right man to talk to Villa. In stead, the cousin insisted uapik going, as he thought that his easy-glng man ner would get better results, from Villa without friction. Benton went, bow ever, but he went unarmed, his cousin insists, and adds that the dead man neyer earned arms and owned no re volver. Nothing was hear.d front- .Benton Taesday night and wkenne did not return to his home, his family b"" uneasy. He was missing all day Wea," nesday and it was k anpouttcfed unoffi cially that he was in jail I Juarez, nlthnnirh villa ir,it1 tnat Benton was not in jail, evading evljy question as VorTJrT lHveUBate Killing. former ernmn. -j -. reu in viuas ortice wnen an ,nan George CnrV- JiT -congress-lean cowman wearing a cartridge ln , pf ,. J'- wno ls nowr IHIng walked up to Villa and made, a 0"f the kfn.'n J 31D? an investigation oc If In ,l-ow a rr. A V.Ilo was LIle Killing Of Btntnil ,. 1 - with the st;i r js? ien admitted Thuisday that He had a pistol in his room, hinting that it might hate been the one that Benton earned across the r.ver although he would not say as much Wednesday an American who is close to Villa and who accompanied him to Chihuahua, told of an incident that had occurred in Villa s office when an Amer belt pass as if to draw a gun. As Villa was a little nervous because of the supposed plot against his life, the man said that Villa grabbed the American by the right arm and shoved him out of the of fice, saying "Get out; I don't want you around " It is now thought that this j might have been Benton, who was not I Irnnnrn te tha Ajnprunn 3xritl VillA- flTlH that this was the start of the affair which ended in Benton's death.. AY How Is a Mexican. i Mrs. Benton, the widow, is residing I at 81b North Oregon street, in the room that was used by Enrique Llorente as his private office in the days when the house was used as the Mexican con sulate. She is completely overcome with grief and unable to see1 anyone since the visit of consul Edwards Friday morrung when he informed her of her husbcrrd's death. Mrs. Benton is a Mex ican and had been married to Benton aboat seen years. As a,little instance of the quick sym pathy that is in every human heart, when the newsboys with, The Herald extras started up the' street calling "Extra Herald; All About the Execu tion," and were informed that the 'wid ow of the executed man lived iri that block, they tucked their' papers under their arms and passed quietly not call ing their extras again until they were seeral blocks away . . Was Xatlve of Scotland. William S. Benton was a native of Aberdeenshire, Scotlard, and was about 4fc j ears old. his exact age not being known in this cOua.tr. He- went to Mexico from Scotland when a young man. William Benton, his cousin, says he had been in Mexico for 30 years, but it is thought by hi3 friends that he f came to Mexico when 25 years old. He had worked over northern Mexico as a mining man. ranchei anr Drosmector. He finally settled permanently on the i cousin said- ..v. .i. iuu limine i-m see him myself.' I never believed but that he was killed, as he knows Lt. E cAaraTter weU and would not at-' h!SP , VIS " m'nt caul -- .cu .j, jju,. I, I i;. .". ""1 tne state iinux- asnington.- He win I Ti. ir ,n consul, Henry ChnliL . the British arrives fr0m Is AnJifin- When ne carry on anTnv,3. ?5.ele w.H sible to ascertain tne faita. " pOB' eastro?Uthey g the rider said 4 &?,? ex-rough found that Benton Jti,raifd and was never known to Ta-v,?004 "n have information that lT.a,nlsVaDd r a gun on Villi t i! d!d not draw Washington who will Ve fiends in This son of thinrn,,!?11? np ths case and I intend tond?omUyStDt1?Ptin o. t does stop." y part to see that FedeGricroMG?nezasCGeaSaBr,aI charge of the Made?0 f Paso, later private s Junta ,n El and then s5b-TOcrettary.l:0 adero. cabinet, denies that hTi-i?. the dero doTwith the courtmartiaf&nJtn,n to Juarez. Through Gnntti t Ba,ton in issnedasUtemfitFrid.Jf he which he declared thlt ?y ternoon. In that of legal adviser tto,?SiS1n " Present CommanderntSr.Av11' th ita?ytVslrSnnUV'?a1 Fh "" -ales Garza said "Thi. attorney Gon- affairs. SmWul' rtJpbSc connection with the le?0."!- has no ce which I hoi! Iey?.1.adviser's of mander here until "ti-i U a was corn that he has gone Vol Av,?rnjner- Now nuuul and lim'his0..13 in - WiU,SBenTon WV,,,a- saM to have been i's home Is nWdehfc.ni" He was associated with his cousin, j tor. years Many or vni!!Wn each ther 1 fmj . . - - - " M inpn aau hacienda Lqs Remedies, hear Santa Ro- J Remedios ranch anrt vB,ear the Los sarla, ia the state of Chihuahua. are renorte.it.. .an? .y,1,a nd Benton William Benton, in the hacienda and had improved it until it was one of the show places of northern Mexico when the revolution started. -Benton is reported in Chihuahua to have paid $1.25 an acre for the 100,000 acres which make up the hacienda, and since it has been improved it is now estimated To be worth 1.0ft0,000. Hran-a large herd of cattle on this ranch, in addi- .!" .. "il ... . - ---- wo vua.3 IdUCil. n aOUl , to bis exact whereabouts by repeungrmon to the agricultural and other rancn wo nn- ,.. All I OrOdUCtS. fthAn thA anl..l ..--" his cattle were killed for the armies of-occupatipn and he reduced his herd to only a few hundred. Only a week ago he had seven fine cattle from his ranch shipped to the border and these were seized by Villa's agents and were cruited from th ?; s men are re and had 115 ?" district ranch at different times. Benton BAIJCH ISAIJVE, THE REBELS SAV 1 in til Mv not yet reached a decis t m he case of Gutv. u, ,. .. '.2. that he -was not in jail. The "Widow Is Aisised. This evasion by Villa only heightened the fears of the family, for they cdusM ered it an- effort to conceal the fact that Benton had been killed. All day Thurs day efforts were made to locate Bentoti or to get details of his death if he had enkied- la "SSlnhiS: ! efena Property Right. dav. Thursday night Villa revealed the i Benton met his deatn while trying to secret which he had been concealing so j defend his property rights and his closely and asked the American consul to convey the intelligence of-Benton s death to his family and to the Washr ington government. This was- done Fri day morning, a conference having bcn arranged with Mrs. Benton alone st her home on North Oregon street and no one but Mrs. Benton, who is pros trated with grief, and the consul, know the exact facts. Hand to Hand Encounter. According to the story told by Villa to friends, Benton went into the head quarters in Juarez and after some hot words in which Benton is said to have announced that he (Benton) was as good a man as Villa, Benton is alleged to have reached for his hip pocket as if to draw a revolver He was arrested, tried by the military court, with Maj Jesus Rodriguez, of Villa's command, as the judge adocate, and was sentenced to be executed This sentence was carried out Tuesdav night following the tinl in the after- ie case of P.mtv, D , cw.2.!un waa-A . -T"S.r. """-n- i-iis ?s VvinBa'nc milllary court which nAy,deraTshpvn Baucnffms' t is an American cizen He was ar .- j .,,,ao uKenis ana were .ini ti. . . "cjiU me reDcis not permitted to cross, his friends say.i Sserson S Pfsderal P-Ports wau,raUroad engineer and has be'A tVeC-. p" D?a ITXl JS 1ELEPHONE COMPANY HELD TO BE OUTLAW DENVER, Colo. Feb. 20 The Mountain States Telephone and Telegraph company was held to be an outlaw operating without a legal right to use the streets and alleys of Denver, in a decision handed down by judge J. H. Denist in the district ccurt here todav The decision was rendered in the quo warranto proceed ings brought bv district attormv John A Rush to compel the companj to show by what right it uses the streets ot Denver for its qu.pment In another decision the eouit held that the socalled Brown telephone ordinance, lowering telephone rates in Denver, is oid on the ground that the oidinance constitutes, a franchise and should have been submitted to the tax p.- ing electors Fne das were given the companv to file a motmn for a rehearing onl tin d 'a s to appeal to the supreme court.