Newspaper Page Text
VOL. XXX, NO. 166
EAST LAS VEGAS, NEW fc.-SO, THURSDAY, MAY 13, 1909 ' AFTERNOON EDITION - . DEFENDANTS . II A ITT Tf I CUT DAYt HARD FIGHT UNITED STATES HAS STRONG CASE AGAINST WERNZ, MES ; SICK AND McNAMARAH. ECTmrajrafliH ALLEGED THAT NEW SPRING FIELD RIFLES WERE FOUND " IN THEIR POSSESSION. ' OTJSEDf rTEC OP TRAIN THREE WITNESSES BROUGHT ' FROM PHILIPPINES TO TES TIFY TODAY. ' The trial of Joseph W. Wernz, Guy A. Meseick and John McNamarah, charged wihth larceny of three Springfield .rifles 'from soldiers en route to the Philippine island on .feoruary j,.iub, progressea quue rap idly in the United States side of the district eourt yesterday afternoon. The following Jury was selected and sworn to try the case, after the de f ense had exhausted eight challenges and the" United States its- three chal lenges;;. : ' :. Pablo Ortiz, Mafias Maesfas, Apo lonio Sandoval, fmna Trujillo, Petro lind ArmSjo, 8 anniel C. Ralna, Line Sanchez, Juan Pedro ' Garcia, Pante- leon woniano, wi nomas i jpum, Jgna cio Lbato, Victor Gonzales. . In his opening' statement to the .Jury U.. 8. A', i snu-y. Z, u s, IL . J. Ley outlined the case of the government, as follows: Statement of Case. "Gentlemen of the Jury- In order that you may understand the relevan cy of the testimony in the cast which ' you are to, try, T will now state to you briefly what the govern ment expects to prove. As I stated to you this morning, this is ' a 'case brought ty the ' government . of , .the United States, by indictment, against the three defendants, wnereln. they are charged both with the larceny of government rifles and also with pur chasing these rifles from persons in the employ of the military service of the United States. We V expect . to show you, by competent evidence, that on the first day of February, 1908, the defendant, Joseph Wernz, was conductor in charge of the second section of train No. 7 of the Atchison, Topekav& Santa Fe Railway com pany; tbat he left Trinidad on that train sometime before noon on Febru ary 1, 1908, and that at that time the other two defendants, Messick and McNamarah, were trakemen on that train, with Conductor . Wernz; that one of the cars in that train was a Pullman tourist sleeping car;"' that there was a comrany -of "soldiers rid ing in I that-, car, 'Tegular soldiers of company K. 23rd Infantry, en route from Fort Ontario In the state of New Tork, to San Francisco, and thence to the Philippine islands.. That there were three rifles' belonging to v. uuu.Mg uy ji the vestibule or washroom '"- of 1 - tha sleeping car; that these rifles were hanging In that car at the time the train left Trinidad," Colo.;' that -after the train arrived on th! side of the tunnel, and in the territoryof New Mexico, the three rifles were mis sing. The government will show you that there were no lights In the car as It came through the tunnel, and on the car emerging from the tunnel, the rifles were missing. The govern ment expects to show to you that the , defendant. John McNamarah, instead I of Tidins down to Ratort with that V train, as it was his duty.-; .to do 'an brakenlan, was seen at the station of Lynn, which is JuBt this side of ttw tunnel, with the throe rifles in ques tion, and that he had his. overcoat We expect to show further that Mc-; Namarah with the three rifles, went! into the station at Lynn, and spoke to j the station.agent there. We expect to show also that the defendant,' .Mc Namarah, tried to ride from the tun nel, to the city of Raton on what la known as a light engine an engine that was coming down from Lynn to Raton without puUlng any cars that the engineer in charge of the engine not recognizing bira as a railroad man, and he having no authority to ride on the engine, refused to let Mc Namarah r'de down to Raton. We will show that when McNamarah climbed onto this engine he had tbese rifles with him wrapped in his ove coat, That he left the engine carry ing tne package with mm., we ex pect to show you that -one ot'fhese rifles was afterwards found in' the possession of McNamarah, another of the rifles was found in the Caboose of Conductor Wernz, or was seen in that caboose, about two months after the rifles were stolen. That on the night it was seen there it was taken out of the caboose by somebody and left at the house of Conductor Maitland, That Maitland on opening the pack age containing the rifle, seeing it was government property, having heard of the larceny, immediately turned it over to Superintendent Kurn. We expect to show you that the third rifle was left by the defendant, Mes sick, ; at the. house of another railroad man, named Drake. The rifles will be" nresented here and identified by the soldiers, and we will further show you that all this occurred in the Fourth Judicial district court, for the territory of New Mexico." r-' Cir' ?. ':; ' ' . '''" Kurn First Witriesa. The first witness called for the pro secution was Supt.; J. M. Kurn, who identified one of the rifles and stated that It was left with him by Conduc tor Maitland, arid had been it Ms possession ever since, for a period of a4, least eight months. Edward -Dowling, trainmaster at Raton, was called and testified that on February 1st a train consisting or thirteen cars, passed over the moan- tain - between Trinidad and Raton, coming south, that the defendant Weru was eonductor of the train and Mt:X..maiiii. saU - JuvulSc th bntki- men. . ' " ' '" - Soldiers Take Stand. ... ' FVrgeunt Win. J. Ryan then took the star-d, and stated that he was ser- (Contlnued on Page 6) ' -, GOLD DUST CHOKES t AUDIENCE AT OPERA Cananea,, Mexico, May 13. A trav eling Italian grand opera company, had a ten thousand dollar house here Monday night, but did not know it. An old ore house was fitted up for an opera house and the stamping of many feet before the performance set the gold dust flying. So thick was the dust that it set the people sneez ing. . Assay ers estimate that those who attended could have washed enough gold out of their clothing to pay for their tickets.' - '. WILL RESTORE NAME OF JEFFERSON DAVIS . Washington, May 13. At the end of the present week the name of Jeffer son Davis will again have been, chis eled into the stone of the famous Cabin John'sbridge, six miles west of the city. President Roosevelt before leaving office, gave orderj to have the work done. The bridge was . built when Davis was secretary of war and during the ' rebellion some . staunch unionist chiseled the name out. ' ' ' L Given Welcome. I Dayton, Ohio, Ma 13. Wilbur and Orville Wright arrived here today and were greeted by- a welcome from old friends.-; A great throng gathered at the station. -'', Pierce Found Guilty. 4 Special to The Optic. Albuquerque, N. ,M., May 13. R. H. Pierce was found guiTEy 4 of detaining a female in a room against her will for the purpose of defiling her" by a jury in a sealed veidict tipened in " court this morning. This does not con- stitute attempted assault. ' The maximum penalty is a fine of j $1,000 or five yars in prison. He was released on the old bond of f 2,000 pending arguments for. a new trial. FIGHT Of EC ILK CAUSES IRON ORE SPREAD OF' DUTIES DISEASE RAYNER DECLARES THAT. WE NEVER SAW MORE LIARS THAN ARE IN WASHINGTON. : K3T TARIFF BATTLE TODAY BURROWS SPEAKS FOR DUTY ON JRON ORE AS SOURCE OF REVENUE. K3 DANGER enxHAUsTi::: DEPOSITS WILL LAST SIX THOU SAND YEARS AT PRESENT . RATE OF CONSUMPTION. Washington, May 13. "The situa tion in Washington today is such that you can't get the truth out of anybody. I am very fond of liars. I have studied them day and night, but never in my life saw auch an ag gregation as are assembled in the ca pita", now. ' They can lie with equal facility on either side of the same question." . ; This burst from Senator Rayner this morning in the senate upon a discussion ,-of iron ore scneauie.. Rayner pleaded for free ore' m De half of the independent companies and was met with the statement by Smith, that Charles M. Sewab had ;!! tvat to jmi the ore n' the fre. lii.t would noi-tt-Juqe the prxcaol tbe. manufactured article. - . After a roll call of the senate had shown t!3 senators present today. Burrows spoke in favor1 of a duty on tron ore as a source of revenue. The present .duty of forty cents, which the eommittee proposes to reduce to twenty-five cents, yields, he, said, a revenue of $332,000, which would be lost by placing iron ore on the free list as proposed by the house. Burrows said it was reasonable to state that 56,500 men were receiving $31,500,000 annually in the production of ore," which industry, he said, it was now proposed to open to the com petition of the world. , Quoting from the advance sheets of the next an; nual report of the geological survey, he said that now there were 3,500,000, 000 tons available high grade ore in the United States while there are about 72,000,000,000 tons of low grade "The senator from South Dakota yesterday told us, our iron Ore depos its would be exhausted in thirty years, but according to the statement of the geological survey at the rate of consumption now going on the ore will last six thousand years Sotiiere need be ho concern on that score." The senator also discussed the iron ore schedules, saying that if the sen ate should reject the act of the com mittee on finance, placing a duty of twenty-five cents a ton on Iron ore, he would later move to put that article on the free list. He said that the duty would redound to the benefit of the United States Steel corporation and injure the independent mills which are compjeiled to buy import ed ore. He said be did not believe Cuban ore would go west of .the Al leghenies but would be available for stee', companies on tile -east' of the mountains, who are competitors of the steel corporation. , . Legislation for Porto Rico. Olmsted of Pennsylvania In the house today, offered a bill to amend the act creating a civil government in Porto Rico. The bill proposes that "If at the termination of any session of the legislature, appropriations ne cessary for the suport of the govern ment shall not have been made, an amount equal to the sums appropriat ed in the last appropriation bills for such purpose, shall be deemed to be appropriated."The bill also authoriz ed the president to designate one of the executive departments to take charge of the Porto RIcan affairs. INCREASE IN NUMBER OF CASES OF TUBERCULOSIS IN NEW YORK CITY. EJETCSS WAGEEQSG FISHT GREAT CARE HAS BEEN TAKEN IN COMfeATING INCREASE IN CASES OF WHITE PLAGUE. STRAUSS GIVES DIS THEORY DECLARES THAT IT SHOULD BE MADE CRIME NOT TO HAVE ' ALL" DAIRY HERDS TESTED. Washington, May . 13. That In stead of a decrease in tuberculosis, there is a 33 per cent Increase in the' number of cases in. New York, where the greatest fight Is waged against the white plague, was the statement of Nathan Strauss, the philanthropist, before a meeting of the National As sociation for, the Study and Preven tion of Tuberculosis. Strauss -backed up his statement by figures from the health department of New York. He attributed the in crease of-Kijes to the lack of caw. In the ue of milk. He said there would bo no headway against the disease un til it. was made a crime to sell milk. unless tested against tuberculosis. !Vp7 J1J p-"j . .. Paris. Mav 13. The number of striking employes shows no appreci able increase this morning. The ser vices are normal and in some places the telegraphers who went out yes terday have returned to their places. Efforts of the strikers to induce work ers to join their ranks from bureaus about the1- city,, have been without effect. Union leaders claim the gov ernment Is "blutflng", while the gov enrment claims the strike will be ov er in a few days. The government this afternoon will ask for a vote of confidence in parliament and if grant ed, another .batch of dismissals will follow. ' - " THREE MILLION TREES SET OUT BY RAIirOAD Chicago, May 13. To provide for future requirements jn timber and ties, tha Pnnsylvanla railroad will this spring execute the largest forestry plant ever undertaken , by a private corporation. More than - a million trees will be planted, making a total of , three million,, four,' hundred; and thirty thousand set out in the . last three years. Other railroads ; are said to be contemplating similar moves. .' ". . ' , ' ,'. . , .; Big Church Conference.; , Canton, Ohio, May 13.- Five hun dred delegates gathered today for the 25th world , wide quadrennial confer ence of the United Brethren church. Bishop J S. Mills of Pennsylvania, presided. Delegates from all part were present The session will last twelve days. . - POOR ATTENDANCE AT DUNCAN LAST NIGHT The Alexander Recital company With Miss Martha Alexander and Miss Edith Parker as principals, which ap peared at the Duncan opera house last evening, was very poorly at tended, but despite the fact that only a few people were present, the en tire program was tarried out and those fortunate enough to be present greatly enjoyed th entertainment, Mies Alexander, extraordinary viol- inist, rendered many very pleasing solos from some of the greatest com posers and the "ease in. which she handled her instrument, which . she has so fully mastered, plainly demon strated that this young lady ia un questionably a great violinist. Her work was so greatly appreciated that It was necessary for her to respond to many : encores, all of which were kwell received. Miss Parker gave a reading from "Polly of the Circus," , which was most highly entertaining and gave a general idea of the real merit . of one of the loremost plays on the Amer ican stage today. She also gav.e ma ny pleading short readings and reci tations, one being from "The District School," which was very amusing and pleased all. ' , j It really is discouraging that two artists of eo unusual merit were not better received in this city as there has never been an entertainment of its kind more worthy of a large and appreciative audience.. . .. .. Experts Testify -In. .Fraud Case. ' Kansas City, "May 13. Dr. W. W. Lewis, a mining engineer of Prescott,' Ariz., who examined the ore of the Two Queens mine in Arizona before the property was developed, testified today in the case against the Horn brothers, Raymond Ray and S. H. Snider, charged with using the mails to defraud. Lewis said the samples of ore "Justified an investigation,, but the early development of the mine showed discouraging results. He said the ' mechanical work of development was of high order, but much of the work done web ill advised. Robert H. Hetherlngton, the assayer of Pres cott, who assayed the ore, testified as to the value of the samples submitted. Does Not Want Fourth Term. ' New Torki May 13. The refusal of James W. Van Cleave to accept a fourth term- as president of the Manu facturers' association, which r will hold a convention beginning Monday hero, is looked upon as jeopardizing the association's fight for a tariff commiaslbs Sna!r . JiereriSge, Vfcc has led the fight for a tariff commis sion, has written fetters influencing the' members of the association, tell ing them that if Van .Cleave is hot elected he fears for the commission THOUSANDS ATTED COIIED'S f U1BAL New York, May 13. With impres sive services, the public funeral , of Heinrich Conried, the former director of the Metropolitan Opera company, was. held in the building which iad been the scene of his labors In 'the years of his directorate. The audit orium held a great throng. '"Amen" from 'Tarsif al" which opera Conried produced at the Metropolitan for the first time, on any stage except at Baureuth, was sung by the choir boys whose voices have been so often heard In that number in operatic per formances. The members of the fam ily accompanied the body to Cypress Hill cemetery. WIND CAUSES EXPERT SHOTS TO FALL DOWN The second day of the Raton Trap CJubc shoot was very unfavorable, to the shooters and the best shots failed to make the records they have been used to making on ' account of the terriflq wind blowing from the south west.. There were eight events. with thirty-one entries. The live ' bird shooting proved the most Interesting sight to the onlookers and every con testant entered for this sport. There were four men, Lawton, Cotton, Cobb and Sorcande who tied for first place by killing ten birds out ten, and three men, McCreary, King and Browner, tied for second place with nine birds. The averages were as follows: Max well, first in Professional with 120 out of 135; Bowman, second with. 9.5 out of ,135; Keefe, third with 86 out of 135.' . ."' ; ,' - . Lawton took first among the ama teurs, with 117. shots out of 135; Mc-. Creary and Nicoli tied . for second place with 114 out of 135, and King third with 112 out of 135. ITTCOICI HAS SHORT . ' - 'X'.v SESSION COUNCILMEN VOTE TAX LEVY OF : THIRTEEN AND A HALF MILLS. . V , OESIRES NEW FBANCBISES LAS VEGAS RAILWAY & POWER CO. URGES THAT SLIGHT CHANGES BE MADE. TWO PETITIONS PRESENTED CITIZENS DESIRE IMPROVEMENTS , ON. EIGHTH STREET AND ; r WASHINGTON AVE. ' The city council-met last night iu regular session but no business of . great Importance was transacted. All the members were present but H. B. . Hubbard, who is attending ' the . gun shoot in Raton. . The minutes of the regular meeting were read and approved and the ,. monthly reports of tne city officers were referred to their proper commit tees ' ... Councilman James .O'Byrne. stated that the reports on the electric lights for last year, showed that enough lights had not been burning during that period to make up t.h price of one arc light for the whole, year,, amounting to $87.50r which sum ought, to be deducted from the bill. As the last bill had been approved and paid, he thought it was too late to make z .' JedU'-tt 'is to, l J e iiayor inform ed him that it waa not too late yet !f the council ' wished to . take' this .. course. . A tatf levy of tea mills for general purposes and three and a half milla . for interest was passed. The Las Vegas Railway & Power company submitted new forms ,of franchise to operate the electric street car lines and electric and gas lighting and power plant. They were read in full and ordered to. be publish ed before any definite action is taken. Alderman Martin moved tha.t the finance committee and the mayor' pre pare a memorial to be sent to con gress protesting against the enforce ment of house bill No. 213, entitled "an act relative to the publication of legal notices and other matters wherein publication Is required, re-' gulating the prices to be charged therefor, and providing a penalty; repealing certain sections of the com piled laws of New Mexico of 1897 'and for other purposes." The motion of Mr. Martin was seconded and carried. A petition was read from the citi zens residing on North Eighth street . asking the council to order sidewalks to be built on the east side of that . street between Friedman avenue and the city -limits. - It was referred to the street and alley committee. .. . . , The Ladies' Relief society of the Las Vegas' hospital presented a pe tition praying the council . to . order Washington avenue between Eighth street and the Mora road to be grad- -ed and to order sidewalks to be built on the south side of that, avenue. It was read and referred to the street and: alley committee. ' '-' . ; . Bids for building cement sidewalks and cross ' walks were opened and -read. They were as follows: M M. Sundt, 16 1-2 cents per square foot: cross walks 25 cents per square foot.' i . ,,,.'., " ; .. .-. :- '-.. .' T.. W. Smith, sidewalks fifteen cents per square foot, crosa walks, twenty-four cents per square foot. Snlth and'Maloney, sidewalks, fif teen cents per square foot; cross walks, twenty-three cents per square foot. Vitrified brick side walks at the rate of sixteen: cents per square foot -- ' . , - .. '. . , .::-.' Short Tim to Pay1 Taxes. ' The county treasurer urges all Citi zens to pay their taxes now, as after June 1st, a penalty of 5 per cent will be added to the amount due.