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INSURANCE 1 N Baker Bros. Agency Clovis, New Mexico. ABSTRACTS OF TITLE Clovis Title & Abstract Company C. C. BAKER. Mgr. Clovis, Mew Mexico. mi r VOL, 8. NO. 33 CLOVIS. CURRY COUNTY. NEW MEXICO. FEBRUARY 19, 1915 $1.00 PErt YEAR ft rt 5.,-. t i( t i i i it i u f t w e ! M 'if. nfrt 11 11 n VERDICT. OF NOT GUILTY IN TAYLOR CASE Stirring Rebuke Administered by Court to Jurymen Who are Discharged from Further Attendance. Verdict Unpopular. , After deliberating over night the jtry in the iase of Heischel Taylor charged with the murder of Arthur E. Britton, returned a verdict cf not guilty Thursday morning when court convened The announcement of this ver dict came as a distinct surprise to most of those who hud htuid all the evidence in the case. Arthur Britton was the night marshal at Texico and was mur dered by Herschel Taylor at the "Red Light" district in Texico on the night of October 11, 1914. The defendant claimed self de tense and admitted shooting the deceased, who the testimony showed to have been unarmed and w ho was attempting to dis arm the defendant at the time the shooting atcurred. It was also shown by a preponderance of evidence that the delendant had gone to the resort armed and had made threats against Luther Hughes, who it appeared, was keeping company with his girl. 1 ne uefend int contradict ed his own testimony on mre than one instance a id had ad mitted serving a sentence lor burglary in the Gatesville Texas reformatory. 1 1 is only occupa tion was that of a gambler and his principal witnesses were Pearl Snyder, his girl, whom he follof J to Texico from San Anjjeio, Texas, and Otho Mur phy, the latter his friend who assisted hi in in relieving a drunken stranger ot some 20.00 in money and two watches which it appears hum the testimony stirred up the wrath of liic mar shal and ultimately resulted in the killing. T h e defendant claimed that tne marshal m.ide a move toward his hip and that lie (this defendant) with gun in hand crudiait, "Don't come on to me, Don't come onto me, Don't come onto me, if you do I will have to kill you. You had the advantage of me last night so don't come onto me for if you do 1 will have to kill you." With this he alleges that the deceased continued to approach and he fired two h-hois of wnich both took effect. Both the state and the defense made supreme efforts and exert ed every ounce of energy to win their contentions. T h e ad dresses made by Attorney Un derwood of Amarillo and District attorney K. K. Scott for the state and by Attorneys 0. 0. Askren, of Roswell and il. D. Terrell, of Silver City, for the defense were masterful. Prob ably never before in the history of Curry county cases have such efforts been made and the ver dict is considered nothing short of a victory for the attorneys for the defense. The most stirring rebuke ever administered by any court to a Curry county jury was given by Judge McClure after tin verdict had been announced. It follows: The CourTs Rebuke Immediately following the re turn of the verdict of not guilty and the recommendation that the court admonish the defend ant as to his future life and as sociates, the court said the fol lowing to the jury: "Now, gentlemen of the jury, in reference to this matter and particularly this recomra nl; tion to the court; the court de sires to say that he is very much surprised. The court has tried no case since he has been on the bench for more than three years that has created the surprise in the mind of the court that this recommendation and this ver dict carries to -the court. The court is of the impression and the opinion that the testimony in this case would support a ver dict of murder in the first de gree or guilty of murder in the first degree. The defendant's own testimony would warrant the return of a verdict of guilty of murder, in the second degree and the question of manslaugh ter has very slight bearing in the matter. This is a serious matter, gentlemen; the court hasn't had time' to think over the matter, but as stated to you it is very much of a surprise to him.- The court, however, is satisfied that it would be a waste of the taxpayers money of Curry county to retain this jury longer i n an attempt ,t o prosecute criminals. There is no question in the court's mind as to this, and the court, while he would prefer to take a little time to consider the matter, yet his im pressions are so forcible and so accurate touching this matter under all the evidence in the case and the instructions of this court, that the court feels now and can not escape from the conclusion that it is his duty to discnarge this jury from further service, and in the future for that matter and see that your names are not in the jury wheel, and he now discharges this jury from further attendance and service in this court pernune'it. ly and absolutely, and a!s from furtherserviee in this case. The court can see and under stand when a-jury under the evidence in this case will bring in a verdict of "not guilty" he can see and knows enough of human nature to understand whv it is and how it is that good citizens sometime become so dis gusted and so outraged with the administration of justice that they take the law in their own hands and hang fellows guilty of such crimes as charg ed in this case. , The court can readily understand that when a verdict of this character under I this evidence and under the in structions ot the court is brought in. . There is no excuse, no justi fication for this murder. It is cold bloodeu; it is an outrage that the people of Curry County must have to suffer with this kind of administration of jus tice. Now, gentlemen, as I said in the beginning, this verdict is a surprise to the court. He would liked to have had more time to consider the matter and think over it, but in view of all the evidence, in view of the state ments of this guilty defendant himself made in your presence as to how he murdered and killed this man, the court I say, cannot understand how any such a verdict could be arrived at, and you and each of you are now discharged from further service as jurors in this case and as jurors at this term of the District Court; and the defend ant is discharged from the cus tody of the sheriff. You may present your mileage and per diem to the clerk of the court and get your wages that you hive n )t earned." The mother of tha defendant who resides at Fort Worth and the father and sister of the de ceased who reside at Amarillo attended the trial and gave close attention to all the proceedings After being acquitted the de fendant was re-arrested on the charge of carrying concealed weapons and is now held in the county jail on the new charge. Shake-Up in Shops J. Z. Kuhns, general foreman has resigned and has been suc ceeded by H. M. Muchmore, of Belen. C. G. Duffy has resigned as boilermaker foreman and has accepted a position as boiler in spector, which position will pay him better wages. E. W. Tuck er has resigned as Round House foreman and ha tikn a position ! in the back shop. Other changes are contemplated soon. Martha Washington Social A Silver offering tea will be given at the home of Mrs. Bill McLendon, on Monday Feburary 22nd at 2 to 5 p. m. and 7 to 10 p. m. Come and drink tea with Martha Washington. Given by the ladies of the Christian Church. New Theatre. E. F. Hardwick and Sons, proprietors of the Lyceum, are repairing and altering a build ing nn the east side of South Main St. where they will estab lish anotjier moving picture show. These enterprising citizens do not intend that there shall be! any competition soon in the .show business. It is reported that the big Barry Hardware and Implement Company will tniild a brick ad dition to the norih .-dde of their hardware store on north Main street to enable them to keep their implements and heavy hardware from being exposed to the elements. Barry's is the only hardware store in Clovis, and their stock is complete. Clovis is the center of the most densly populated section of the state and whila other towns may have a large trading terri tory, if population is considered, our town has them all outclassed. Clovis is the trading and market ing center for all this section of the country and in addition has a R. R. pay roll of $75,000.00 monthly, That is why Clovis is a live town and will continue to grow. A prominent business man in a neighboring town wrote a friend here that he was reliably informed that Clovis was the only town in the southwest that was not ready for the undertak er. We have only hearsay evi dence as to conditions in other places, but we can vouch for the statement that the aforesaid party was correctly informed as to Clovis being a "live one." Nobody wants to live in a dead town where they all have the "blues" and would not even laugh at a fat man slipping on a banana peel, The remedy is to transfer your affections to Clo vis, the. best new town in the southwest. Portales-Clovis Road Will be Wider. The Portnles Clovis mad was commenced with hut an eight fold rond bed with wider places for parsing nt stnted intervals. Thus constructed, this road could never be anything but a failure. Mr. A. A. Rogers took the matter up with State En gineer J. A. French, with the result that Mr. Marius, the en gineer in charge, has been in structed tp widen the road bed to twelve instead of eight feet. Also the sidings will be main tained. This will be a great improvement over the eight foot trail, but it would have been much belter to have made it sixteen feet. With the wid er road bed it would not be nec sssary for vehicles to follow so closely in each o:hers' tracks and consequently, will not cut up so quick. The News is glad to note that this improve ment has been ordered and some credit U due to to Mr. Rogers for bringing it about. Portales News. Up in Iowa the other sensible idea in legislation appears, in the introduction of the anti treating law, which would pro vide a penalty for any man who buys another a drink. What harm there is in the drinking custom comes principally from the treating habit. Man is a gregarious animal. He loves to mingle with his fellows, and to consume that which cheers in rotation. As a result when good fellow:. t,jt together the treats go around and every one gets more than is good for him. If it were so established that he could buy only that whic'i he de sires for his own use, he would seldom buy more than oue, and the convival souse mould be ex tinct, no one would be harmed. and only good would resuf. Tnesii remarks are prompred by more than an academic knowl edge of the subject, beloved. There is absolutely no) argument against the proposed law, while it bristles with reason. It would still leave man a free moral agent, in no wise conflict with his liberty, and yet would re move that feature of the impulse that does the most harm. Take away the power to treat or the right to be treated, and the average man would buy what he wanted for himself and no more. It would be hard on the "bar flies" and the good fellow, but it would be easier on everybody else. Exchange. The; best solution would be to entirely prohibic its manufac ture. The El Paso Herald and the Woman's Home Companion, both publications for one whole year $7.00. The El Paso Herald and the Sunset Maga zine, both publications for one year $7.00. The El Paso Her aid and the Santa Fe New Mexican, both publications for one year $8.00. The above combinations at the remarkable low prices are good temporarily only. There fore, if you intend to take ad vantage of any of the offers, kindly send your check or money order to the El Paso Herald, and indicate which one of the offers you derire. Monk Wallace has accepted a position with the Parish Con fectionery after an absence from Clovis for a couple of years in Amarillo. PROCEEDINGS OF DISTRICT COURT FOR WEEK Few Civil Matters Tried Because of Trial in Taylor Case. Uldham Iecures Change of Venue to Chaves County. Many Indictments. Evangelist Mcintosh Drawing Big Crowds The Methodist revival meet ings conducted daily at the Methodist Church by evangelist Mcintosh and singer Anderson are attracting wide spread at tention. The services both morning and evening are large ly attended and many cohver tions are being made. There was such a crowd to hear this great southern evangelist a t Sunday nights meeting that many turned away unable to get even standing room. Mcintosh is a sure enough evangelist and has a style peculiarly his own. He does not beat around the bush in what he has to say but comes right out and flights the devil in the open criticising everything and anything which he thinks is not to Gods benefit. Lucian Anderson is an impress ive singer, as was evidenced Sunday morning after singing one of his favorite hymns, tears were seen on the cheeks of m iny in the congregation. The re vival meetings are being attend ed by the members of all the Clovis churches and will last at least until Sunday night. Civil Cases The jury in the case of Lena Singer vs W. F. Swartz, after being out all Thursday night re turned a verdict Friday award ing the plaintiff damages in the sum of $1500.00 for an injury re ceived by her while working in the Clovis Steam Laundry which was then operated by the de fendant. Notice of appeal to the supreme court has been giver. In the matter of the replevin suit of the First National Bank of Amarillo vs W. B Mersfelder, which occupied the attention of the court practically all day Fri day and Saturday the jury gave a verdict for $1240 50 in favor of the defendant Mersfelder. The jury reached a verdict in this case after ten minutes de liberation but it took an hour to figure out the amount of dam ages and interest to be allowed. General Moving The Klein Grocery Company this week moved into the build ing opposite the postoffice which was until recently occupied by the Model Grocery. This move was made necessary for the reason that the Central Meat Company raised the rent and got the building and are now mov ing into it. The same tactics were employed by A. J. Whiting who will occupy the Croft build ing being vacated by the meat market. The Mandell Dry Goods and Clothing Company started the bumping and it has been a case of bump all along the line but now matters appear to be settled again for the time being. The B. of L. E. gave their Becond annual ball Monday night in Elks Hall which was tastily decorated in red and white for the occasion. Quite a number of out-of-town visitors attended and the hall was crowd ed almost beyond it seating capacity. Lunch was served. Following the verdicts in the Singer-Swartz and Mersfelder cases as announced in i his issue, the grand jury adjourned Satur day night after finding fifteen true bills and one accusation. In their report they also scored some of the county oflicials and made some strong recommenda tions. Following are some of the indictments returned and which have been served on the defendants: Lem Cheshire, for murder; Herschel Taylor for murder, since tried and acquitted; Dean Wolfenbarger, assault; Frank Rogers, rape; R. F. Martin, is suing worthless checks; Luther Hughes, gambling; Luther Hughes, discharging pistol and unlawfully carrying same; K. C. Kirby, violation of school compulsory law. In this case the defendant is accused of failing to send his boy and girl to school and is the first indict ment to be returned in Curry county under tho new law for such an offense. An information for removal from office, was filed against K. V. Stotts, school director at the Blacktower precinct, as it is alleged that he has removed from the district and refuses to resign. The following cases in which the state is plaintiff have been continued: Jose Rodriguez. T. M. Miller, Isaac Canon, Henry Orlofsky, K. W. Jones, R. N. Williams, A. C. Burke, and A. E. Smith. The application of Buford D. Oldham for a change of venue from Curry county on the grounds of alleged predjudice, was granted to Chaves county. Upon agreement of counsel the Lem Cheshire case was con tinued to the first Monday at the next regular session of court which will be the first Monday in September. ... Clovis-Portales Road T. J. Molinari, of Portales, was in the city Tuesday en route to Santa Fe on business and in conversation with a News re porter said, that the' work on the Clovis-Portales road was now in progress in earnest and that the road camp looked likelan army encampment. They are now working a few miles this side of Portales coming this way and are fixing the road up in good shape by covering the sand with several feet of limestone clay which will pack down and make the best kind of a highway and will not blow. This roadway which it was originally intended to make eight feet has been widened to twelve feet and in the difficult places sidings will be graded. It will now be only a matter of a few weeks until vehicles of all kinds and autos can make the trip in a few hours. The distance between the two points is only about twenty miles. This connecting road is expected to prove of great bene fit to both towns and bring our business interests into closer re lationship. Insurance Adjuster, Wilson, was in the city on business matters Tuesday.