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El Paso herald. (El Paso, Tex.) 1901-1931, February 20, 1914, HOME EDITION, Image 1

Image and text provided by University of North Texas; Denton, TX

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn88084272/1914-02-20/ed-1/seq-1/

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Tell of Profane Language Al
leged to Have Been Ap
plied by Guardsmen.
II I A ni?l) A EIT'C! Qf
IFkLd 1
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.
Court of Appeals Decision
Has No Bearing on
Title to Property.
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
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
"I want to ask him about kicking
that girl," remarked representative
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
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
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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.
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
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
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-
noon, according to information from i rights as a British subject, his cousin,
T n ! WllT1.n T j i nntn. JTT3
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.
. 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,) '
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
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.
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,
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.
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.
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
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
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
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
i's home Is
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
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
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

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