El Paso Herald from El Paso, Texas • Page 1

PRESS Leased Wire MEATHCK tonight find Tuesday; warmer Tuesday. PASO HERALD EL PASO, TEXAS, Monday Evening, December 2, Pages United States Supreme Court Train With Heavy G-un May Name a Receiver Comes Up on One Road, Sell Out the Stock. Goes Back on Another. LAST BIG ACTION Washington, D. Dec.

supreme court today in an opinion announced by justice Day held that the i'nion Pacific Railroad company by the acquisition of stock in the Southern Pacific had effected a combination in violation of the Sherman antitrust law. Justice Day, reading the opinion, indicated that the court would enter a i ci op to dissolve the combination and 1 an injunction to prevent the Union Pacific from voting Southern stock. In announcing the opinion, justice Day said: court reaches the decision that the Union Pacific and Southern Pacific systems, prior to the stock purchases, were competitors engaged in interstate commerce, acting en ly, for a large amount of such carrying trade, ana that through the acquisition of tlie stock in question, the dominating power of the Union Pacific has suppressed competition between the systems and has effected a combination in of interstate commerce within the prohibition of the act. Forbids Sucli Acts In Future. "In order to enforce the statue, the court is required to forbid the doing in the future of acts like those which are found to have been done in viola.

loa thereof and to enter a decree which will effectively dissolve the combination found to exist in violation of the statutes. decree should provide an injunction against the right to vote this stock while in the ownership or control of the Union Pacific company or any corporation owned by it, or while heid by any corporation or person for the Union Pacific company, and forbid any transfer or disposition thereof in such wise as continue its control, and should provide an injunction against the payment of dividends on such stocks while thus held, except to a receiver to be appointed by the court which shall collect and hold such dividends undisposed of by the decree of the court. In lawful Combination. the court oelow dismissed the bill, it was necessary to consider the disposition of the shares of stock acquired by the Union Pacific, which acquisition, we hold, constituted an unlawful combination in violation of the anti-trust act. To effectually conclude the operating force of the combination, such disposition should be made subject to the approval and decree of the court, and any plart for the disposition of this stock must be such as to effectually dissolve the unlawful combination thus created.

This court shall proceed, upon the presentation of any plan to hear the government and defendants and may bring in any additional parties whose presence may be necessary to a final division of the stock in conformity to the views herein expressed. to the suggestion made at the oral argument by the attorney general as to the nature of the that one must be entered which, while destroying the. unlawful combination, insofar as the Union Pacific secured control of the competing line of road extending from New Orleans and Galveston to San Francisco and Portland, would permit the Union Pacific to retain the Central connection from Ogden to San Francisco and thereby line to the coast, thus a continuity of the and Central from the to San Francisco as was contemplated by the acts of congress under which they were should be said that nothing herein shall be considered as preventing the government or any party in interest, if so desiring, from presenting to the court a plan for accomplishing this result ur preventing the court from adopting and giving effect. of any such plan so presented May Name Receiver, plan or plans shall be pre(Continued on next page). Lawmakers of Taft Administration Terminate Short Session on March 4.

TRYING TO KEEP THE ROADS OPEN A revolving cannon, borrowed from v. Mexican gunboat, is being used to protect a troop train which left Juarez Sunday morning to patrol the railways between the state capital and the border. The turret, mounted on a flat car, and the gunners scanning the horizon behind the long barrel, which tosses huge explosive shells, the train carrying 500 infantrymen, steamed away down the Mexico North Western railway shortly after arrival over the Mexican Central line from the city of Chihuahua. Jt is planned to continue making this loop of railways between Chihuahua city and Juarez, to keep the two roads open. Some of the troops aic expected to disentrain somewhere in the Casas Grandes district and proceed overland with two molars, also carried on the train, to the assistance of federals under Gen.

Jose de la Luz Blanco, be- seiged at Ascencion by rebels. The moving and accompanying soldiers, which arrived Saturday afternoon over the Central, has been working slowly north from the city of Chihuahua behind the work trains which just have completed reconstruction of the government owned railway. as the big gun is termed affectionately by the artillerymen, is a nautical piece such as used on coast gunboats. It is of the Canet type and throws a 00 milimeter timed shell. Aside from tiiis piece, two mountain cannon, or small mortars, with accompanying artillery corps, arrived on the train.

The troops composed the 23d battalion, under. Col. Francisco Castro. Gen. Trucy Aubert says that this train will continue covering the circle of railway formed by the North Western ani the Central, until conditions quiet in the state.

How the rebels are to be prevented from cutting the many miles of railway before or after the passage of the war train, is Motion unsolved. Defsehmeut Reviewed. A revi v. Hie 15th battalion, now stationed in Juarez, was held Monday morning near the old federal barracks. The 15th is composed of nearly 500 men and recently has been filled by bringing in small detachments stationed below the border.

The troop train which left Juarez Sunday morning remained for the night at Guzman. A strict censorship does not permit news of any inland movement reaching Juarez, but it is believed that a detachment has been sent to the relief of Ascencion. SENATE ADJOURNS IN MEMORY OF SHERMAN KILLS THEN ENDS HIS OWN LIFE Dance Hall Beauty and a Mexican Army Lieutenant of Double Tragedy Over the River. each man kills the thing he loves; By' each let this be heard. Some kill it with a bitter look; Some with a flattering word.

The coward kills it with a kiss; The brave man with the to control that effecting such Union Pacific river MANY REBELS NEAR MORMON COLONIES Mormon colonists coming from Mex- ico on the train say that everything is 4 quiet in and arouna the colonies at this time, but as they were coming along there was evidence of the battle that liebels were in that vicinity and the federals are sending forces there to meet them and an encounter is expected near Guzman in the very near future. The federals are in possession in and around Casas Grandes, but it is impossible to go very many miles away from Casas Grandes In any direction without meeting rebels, not only in bands, but one or two riding together. Mr. Lilly white and Mr. Huber, of Colonia Morelos, are expected in from Douglas to accompany a party of investigators to the Pecos country, with a view to buying land and permanently locating there.

Mr. and Mrs. Stout, formerly Miss Rebecca Mortenson, expect to leave for their homes in Utah Wednesday. BRINGS CIVILIAN PRISONER. When the North Western train came in Sunday evening the detachment of the sixth regiment which accompanied the train brought in a civilian prisoner.

He carried a rifle and a nosebag filled with cartridges, and was locked up at the barracks in Juarez pending an examination as to his reason for having the rifle in his possession. (lAddltional Mexican News on rage Ci.) Washington, D. Dec. will cost $823,415,455.14 to conduct the affairs of the government for the fiscal year ending June 30, 1914, according to the estimates of the various department heads submitted today to the speaker of the house by the gpcretary of the treasury. This amount, which does not include any provision for the postal service, which is expected to be self-supporting, is an increase of $72,074.248 over the appropriations made for the present year by the last congress.

Want Three Battleships. this increase, appears in the estimates of the secretary of the navy and $20,597,279 represents the increase asked by the navy department in the appropriations for building and equipping new vessels. The estimates would provide for three new battleships to be laid down during the year. This would make up for the lapse of one ship from the two battleships a rear program caused by the action of the Democratic house in providing for but a single ship at the last session of congress. Another $20,000,000 or more of the total increase is shown in the estimates for the payment of pensions.

The amount asked for is $185,220,000. Dast rear but $165,146,470 was expended for pensions. An increase of about the same amount appears in the estimates for public works for the year. The construction of public buildings planned for the year shows an increase of $1,012,530 over the appropriations for the present year, $8,722, 200 being asked for that purpose. Fortifications to Cost 0 76 522 The work to be done during the year on the Panama canal will cost $30,174,432, which is $1,130,567 less than the appropriation for the current year.

Of this sum $6,769,522 is asked for the purpose of building fortifications and military barracks in the canal This year but $2,325,000 was appropriate cations at Pana- The estimates forecast another billion dollar session of congress, for in addition to the $823,415,455, which is the total estimated for, the postmaster general estimates that $281,791,508 will be necessary to conduct his department for the year. This amount will be supplied out of the postal revenues, and will bring the total estimated appropriations for the year up to $1,105,206,963. Just how these estimates will fare at the hands of the Democratic majority in the house is the subject of considerable conjecture. Some difficulty in passing appropriation bills may follow disagreements between the house and senate. But the supply measures to be passed on the basis of the estimates submitted today, will go into effect after the Democrats have taken control of the government and it is expected that the attitude of the house majority on the questions involved in the estimates will forecast the attitude of the coming administration.

May Oppose Commissions. Among the estimates, which will develop debate in congress, is a demand for $250,000, for the economy and efficiency commission, appointed by president Taft. It was with difficulty $75,000 was secured for the expenses of the commission this year, and the house Democrats look with little favor on the board. Another troublesome item will be an estimate of $54,500 for the commerce court. The house Democrats endeavored in vain to write into the executive, legislative and judicial appropriation bill in the closing days of the last session, legislation abolishing that court.

After the bill had been twice vetoed by the president, funds were provided to keep the court in operation until March 4, 1913. If the provision in the estimates is written into the appropriation bill this year it will be necessary to secure a deficiency appropriation to run the court from March 4, until the end of the fiscal year. THE CONGRESS. The senate: Convened at nnon, senator Bacon, president pro tempore, presiding. Chairman Clapp, of the interstate commerce committee, announced an effort would be made to reach an agreement on a report recommending amendments to the anti-trust law.

Campaign expenditures investigating committee will resume hearing Dec. 10. Adjourned at 12:22 p. m. until 11 a.

m. Tuesday, out of respect for the memory of vice president Sherman and senators Hey burn and Rayner. The House. Convened at noon, speaker Clark, presiding. Estimates for running government during the fiscal year of 1914 submitted by secretary of the treasury.

They aggregate $823,415,455, an increase of $72,078,248 over 1913 and include $56,766,992 for river and harbor improvements. First bill introduced was one by representative Deforest, of New York, to pensron former presidents and widows of former presidents. Adjourned at 1:10 p. m. until noon Tuesday.

Murder and suicide, ending the strange career of the reputedly most beautiful woman in Juarez, is the epitome of a tragedy enacted early Sunday morning in Ciudad Juarez. Police found the bodies of Bernice Moffatt, a dance hall frequenter, and that of Francisco Teran Viveros, a sub-lieutenant of the 15th battalion, in the room near the dance hall, where the two had waltzed a few hours before. A bullet hole was in the head of each, and from the appearances, the army officer had shot the woman and then turned his automatic pistol on himself. Some years ago a young musician in the dance hall was in love with Bernice Moffatt. One night he cime to her room and fired a shot at the woman.

She fell in a faint. Thinking her dead, the musician shot and killed himself. The woman was unharmed. This same thing occurred Sunday morning, to all appearances, but this time Bernice Moffatt was killed. The two bodies were buried Sunday afternoon without church services in the Juarez cemetery.

Bernice Moffatt was a woman of about 25 years. She was rated as the most beautiful woman in the Mexican town. She spoke Spanish and English as a native, but was of Creole blood, and originally came from Louisiana. She was of olive complexion, tall and a notably graceful dancer. Aside from her height, she was said to resemble greatly Nazimova, the Russian actress, declared most beautiful woman in the Bernice Moffatt had charting a been known in Juarez for more than five years.

She is said to have a mother living in New Mexico. Lieut. Viveros was not yet 20 years of age, and a graduate of the National Military academy. He came to Juarez i only a few days ago with a detachment i of the 15th battalion, and fellow offi- cers as yet have been unable to locate i his relatives in Mexico. Cold Winter Helps Turkey in Securing Good Terms in Peace Pact.

TWO WITNESSES SWEAR 1 Sensation at Pecos, When Trial Is Reopened and New Evidence Is Hack Driver Is Called From El Paso to Corroborate Orners Note to a Witness Causes the Case to Be Reopened. SERVIA TRODS ON TOES OF ITALY BULGARIANS 10,000 KILLED; 00,000 WOl Berlin. Germany. Dec. The Bulgarians alone have lost 10,000 killed and 60.000 wound- cd since the beginning of the war, according to a dispatch from Buda Pest to the Tage- blatt London, Dec.

work of new map of what hitherto lias been European Turkey will begin immediately after the signatures of the armistice by the plenipotentiaries of Turkey and the Balkan allies at the village of Baghtche tomorrow. If the allies are able to agree among them- The following telegram from Robert T. Neill, assistant district attorney, was received by district attorney Jos. Nealon at noon today from Pecos: found a second note given to Mrs. Lucile Archer.

She admitted that she had received it and said she wanted to tell it all. She took the stand this morning and after telling about the note, testified that on the night of Lillie Orners death, the mother of the child said to her: killed Lillie; what shall I Van Horn, a hack driver, who was at the Orner home the night Lillie died, went on the stand and corroborated this testimony. Evans is expected to testify this afternoon that she saw the note from Mrs. Orner to Mrs. Archer, nrging her not to Pecos, Texas, Dec.

witnesses today told the jury in the case of Mrs. Agnes Orner, charged with the murder of her daughter, Lillie, that they heard her confess killing the child. With the case closed Saturday and the arguments under way, the court created a sensation by suddenly reopening the trial and ordering further testimony. Mrs. Lucille Archer, who stated last week, after the prosecution selves as to the portions of the spoils had worked hard with her, that Mrs.

receive, there seems no i jOrner had 1 while be filled temporarily by sei i of Georgia and Gallingc WANT NEARLY A BILLION THE ESTIMATES INCRE AS $72,074,248 TO RUN GOVERNMENT Washington, D. Dec. met promptly today at noon for the short session that will terminate with the incoming of the Democratic administration on March 4. Crowded galleries looked down on the animated scenes on Pects the floor as speaker Clark in the house and senator Bacon, president pro tem of the senate, rapped the respective bodies to order at tne stroke of 12. The Senate Convenes.

It was not quite 12 when senator Bacon, president pro tem, took the chair at the desk of the late vice president Sherman, and rapped for order iri the senate. Senators surged through the doors at the last moment, and it took some time to secure order for tlie prayer by the chaplain, the Rev. G. 15. Pearce.

Failure of members of the house to reach the floor delayed the opening of the session in the house about a minute after the hour of noon. When speaker Clark climbed the stairs to the rostrum, he was greeted by applause and cheers from the floor and crowded galleries. When the prayer was concluded, a burst of applause greeted representative William Sulzer, governor-elect of New York, as he took his seat. The roll call by states followed. When the name of former speaker was called, the members rose and applauded and cheered the veteran legislator, whose services at this session will conclude 40 years in the halls of congress.

rose in his place and bowed his acknowledgement of the greetings. Senate to Meet Early. After the adoption of the customary resolution to appoint members of a joint committee to notify the president that congress had assembled, senator Lodge moved that the senate meet tomorrow at 11 oclock. It was adopted without debate, the purpose being to give time for the reading of the message before the convening of the Archbald impeachment case. Resolutions were adopted covering the sympathy for the family of the late vice president.

Borah presented the notifi- ficaiion of the death of his colleague, senator Heyburn, and senator Smith, of Maryland, that of senator Rayner. Again resolutions of sorrow were adopted and, after a session of 22 minutes, the senate adjourned out of respect to the memory of vice president Sherman and senators Heyburn and Rayner. Four New Members. Four new members were sworn in in the house. They were Lewis L.

Morgan, of Louisiana, who succeeds the late representative Wycliffe; Archibald C. Hart, who succeeds representative Hughes, of New Jersey, elected to the senate; Geo. C. Scott, who succeeds the late representative Hubbard, of Iowa, and Edward A. Merritt, who succeeds the late representative George Maltbv, of New York.

The house, after a session of an hour and 10 minutes, adjourned until noon tomorrow, on motion of representative Cannon, out of respect to the members who had died since the last adjournment. To Pension Exifresldents. The first public bill introduced in the house today was to pension for- I mer presidents of the United States and their widows. It was by representative Deforest, of New York, and would provide for a former president $2000 a month. A widow of a former president would receive $1000 during her widowhood.

A minor child or children of a former president under 21 years of age. with parents both dead, would get $200 a month. Representative Deforest also introduced a resolution for a constitutional amendment to limit the tenure of the presidential office to one term of six years and another repealing the newspaper publicity section of the last postoffice appropriation bill. Texans After Chairmanships. Texas congressmen intend to see that the Lone Star state gets its share of the house chairmanships in the 63d congress.

They are figuring how they can do this. They point out that the state has no first class chairmanship. Mr. Henry is head of rules, but it is no longer regarded as of the first magnitude. Mr.

Stephens is head of indian affairs, which is a vanishing rather than a growing committee. Mr. Smith is head of irrigation, but Texas, aside from El Paso, has no interest in national irrigation, because it has no government public lands. The Texans think they ought to have at least four first class chairmanships. Brings Political Toes Together.

While the present session is merely the expiring stage of a congress soon to pro out of existence and to be superceded in political control and policy after March 4, yet sessions in the senate and house brought together for the first time since tne recent overturning those leaders and elements of the various parties who have been most prominent in public affairs. The old faces and figures are again in evidence today, although some of them, like ex-speaker Cannon, will soon pass off the. congressional stage while others like speaker Clark and chairman Un- 1 derwood, have had their tenures re newed and strengthened. Sherman Is -Missed. In the senate, vice president She man has been removed by death from the presiding chair, which will nators Bacon er of New Hampshire, alternating.

The Republican control of the senate, with about 50 votes as against the present Democratic strength of about 42, will continue until March 4, although this control is conditioned largely by the presence of two elements, regular and progressive, in the Republican total of 50. Senators Heyburn, of Idaho, and Rayner, of Maryland, have died since the last session closed, but in other as- the personnel continues unchanged until March 4. Tn the house speaker Clark and the various chairmen of the two preceding sessions, continue to direct affairs, with a total Democratic vote of 230, giving a Democratic majority of about 33. Personal Aspect Pronounced. The personal aspect was very pronounced as the session began today, the, air of Democratic victory pervading the capitol from end to end.

Scores of men whose names have been prominently identified with affairs c( congress for in iny year5-, and h.Ve shaped politics and legislation, faced their last three months of service as the session opened. In this notable company were the deans of house and senate: Cannon, former speaker, and the center of many turbulent sessions of the house; and senator Shelby M. Cullom, for 30 years a senator from Illinois, a personal friend and contemporary of Lincoln, and who was elected to his first term in the national house of rep- Cannon resentatives in 1865. Final Appearance. Both Cannon and Cullom came back for the work the victims of political defeat.

Senator Joseph W. Bailey, of Texas, long a Democratic leader in debate, came with the voluntary announcement of his retirement; representatives Cox, of Ohio and Sulzer New York brought into the legislative halls the titles of governor- elect, respectively of Ohio and New York. Senator Crane of Massachusetts, long regarded as the Republican of the senate, who also retired voluntarily; senators Bourne of Oregon, Guggenheim of Colorado; Wetmore of Rhode Island: Curtis of Kansas; Paynter of Kentucky; Gamble of South Dakota: Brown of Nebraska, and many others, Democrats and Republicans alike began today their last three months of service, before retirement to private life. Senate Adjourns Immediately. Sorrow for the late vice president Sherman overshadowed the spirit of Democratic triumph in the senate, and tempered the spirit of greetings amon? returning members.

Custom decreed that the upper house should adjourn immediately after meeting today, out of respect for the memory of the vice president: and in contemplation of this, i senators were early in their seats. Reassembling: of the House. The reassembling of the house drew together a host of men. long prominently identified with Republican affairs in that body to whom the election had brought political disaster. Among them were Nicholas Longworth of Ohio, John Dalzell of Pennsylvania, Ebenezer J.

Hill of Connecticut and John A. Needham of California, all members of the powerful ways and means committee, and leaders in cation and defence of Republican tariffs. Of the socalled Republican the force that supported and framed the Payne-Aldrich tariff law in the opening of president administration, but two members will remain on the ways and means committee after March 4, representative Payne of New York and representative Fordney of Michigan. The Last Termers. In the ranks of the were representatives McKinley, Wilson, Foss and Prince of Illinois; representative Norris of Nebraska, who is soon to step into the senate; representative Olmsted of Pennsylvania and McCall of Massachusetts, Republicans who were not candidates for re-election: and representative Crumpacker whose defeat in Indiana gave the Democrats a solid delegation from that state for the next session of congress.

The extent of Progressive influence in the winter session is the subject of general gossip at both ends of the capitol. Of the strong insurgent Republican element in the house, which has voted with the Democrats upon tariff measures during the last two years, many will wind up their service with this session. In the Kansas delegation Victor Murdock was the only socalled insurgent to return to his seat today with a title for two more years. Representatives Roose. Young and Jackson, all comparatively new members, went down before Dcmocra ic opponents.

Senate llns No Chairman. At the outset the senate faces the election of a presiding officer, made necessary oy the death of vice president Sherman. For months before Mr. death the upper chamber was unable to elect a president pro- tempore, and conditions are but little changed today. The senate roll call today showed the absence of two other members who have been called by death during the recess.

They are senator Heyburn, of they are to probability of a resumption of hostilities. Cold Weather Aids Turkey. The comparatively favorable terms which, from all accounts, have been of- fered by the allies to Turkey, are so different from the original proposals that they seem to suggest the idea that the governments of the Balkan league realize that with winter's grip on the country, Turkey has gained an ally which will prove more fatal to the armies fronting Adrianople, Scutari and Tchatalja than have the Ottoman cannon. No adjustment of the Austro-Servian dispute is yet visible. Vienna continues to show pessimism and the new papers there maintain their threatening atti- tude, but in spite of this, official re- lations between St.

Petersburg and Vi; enna aeems to have become somewhat more cordial and it is thought in diplo- i matic quarters that eventually Servia will obtain a small mercantile port on the Adriatic Sea connected -with Servia by railroad. Servia Trods on Italy's Toes. In the meantime, Servia has trodden on the toes of Italy, by quartering a regiment of troops who recently occupied the port of Durazzo in the Italian school buildings there. An energetic request to have the troops removed has been made by the Italian consul on instructions from Rome. -V dispatch says: reports respecting the terms of peace concur in describing the retention of Adrianople by Turkey as certain, if the porte agrees to raze the forts.

It is also believed that the porte will accept the Maritza frontier as far and including Adrianople. and will probably surrender Ivirk-Kilisseh and the northern part of the Istrandia district. which is populated by Bulgarians. is further stated on good authority that the allies have agreed that Greece shall have Saloniki and Bulgaria Macedonia Drenched With Illood. A Saloniki dispatch says: is being drenched with blood as the result of atrocities committed by Bulgarian irregulars.

It is lamentable that responsibility for so many of these atrocities lies at the door of a Christian race. bands are adding their quota to the general destruction. Whole villages have been depopulated as the result of their savagery. Turko-Albanian bands are also taking part. Servians have a better record.

Apart from the slaughter of a number of Moslems, principally by irregulars, at Uskup, little complaint has been made against them. weeping over the body of the dead child, testified today that Mrs. Orner grabbed her about the neck, as they stood near the dead child, and, crying and sobbing, said: my God, 1 have killed Lillie. What shall 1 It was Mrs. decision Saturday to tell this that caused the reopening of the case.

F. Van Horn, an El Paso haekdriver, who was summoned here during Sunday, corroborated this evidence. He testified this morning that he was pres- niiicance to cnt when Mrs. Orner had- made the witnesses in the statement. He swore today that he heard Mrs.

Orner say: have killed 1 Lillie. What shall I Mrs. Orner's own indiscretion, as- cording to the prosecution, brought the sudden and sensational turn to the case. Last week Mrs. Archer testified I that Mrs.

Orner had slipped her a note after she had first been on the stand, Mrs. Archer said she had burned the note after receiving it. Saturday af- ternoon she stated that she had received another note from Mrs. Orner and Robert T. Neill, who is assisting in prosecuting Mrs.

Orner, got possession of it. As introduced in court, it said: you tell all I told you, I will have to commit suicide, and for sake tell it. My life is in your Note Causes Reopenlngr. This note to Mrs, Archer convinced Mr, Neill that she had not told all she new and on further pressing her for a statement, she agreed to make a clean breast of all she had heard and also to give the name of the man whom she had said some time ago had also heard three trials, closed in an able burst of oratory. When Mr.

Owen closed, judge Isaacka announced that court would adjourn until 7 oclock, and that it would remain in session until the case had given the hands of the jury. The Surprise. By 7 oclock the courtroom was well: filled with spectators, and by 7:15 there was not standing room in the auditorium. Judge Isaacks, who is noted" as being a stickler for promptness, did not take his seat at 7 oclock. About; 15 he came into the courtroom, hia jaw set and his face white with anxiety, and excused the jury for a few moments.

He then absented himself from the room again, and the minutes dragged on. The crowd was filled with curiosity, and speculation as to the probable cause of the absence caused a chatter of voices. it had been noted' that witness J. J. Kaster, as well as Mrs.

Edith Evans and Mrs. Lucile Archer Jiad retired from the room early in the evening and a few suspicious and observing ones attached some sig- Some one saw these office, guessed that the judge was there, amd there was more talk and more speculation, Seems orried. It was 7:45 when judge Isaacka finally took his seat. He cleared his throat contemplatively, and seemed to be planning what he should say. District attorney Will P.

Brady rose to hia feet. it please the he began. not hear you now, Mr. said the judge, and seemed to resume his former train of thought. it please your honor, the state Mr.

Brady was speaking again. But before he had reached the matter in hand, judge Isaacks interrupted him with another statement that he would not hear him. A third time, however, the district attorney tried to get the attention the court. it please the court, the state now Whatever it was that the state vas going to move was never brought out. for Mr.

Brady was requested ro resume his seat, and judge Isaacks turned to the crowd. The Judtsre Relieves the Tension. a few began the judge. Mrs. Orner make the statement that i will adjourn until Monday morn- .1 l.nt i i.

i rr lirKi i a on rr i I she had killed the child. She gave the name of Van Horn and Mr. Neill wired to district attorney Jos. Nealon, at El who ha.d Van Horn sent to Pecos Sunday. Meantime, the news the new evidence had been communicated to district judge Isaacks, who agreed to reopen the case, over the protest of the attorneys, however.

The attorneys of Mrs. Orner held that that testimony should be excluded on the ground that it was inadmissable after the arguments had been commenced, and should have been introduced previously. The court overruled the objection. Now that troduced, it ments will The The trial, tional from GERMANY SENDS A WARNING TO RUSSIA Berlin, Germany, Dec. chancelor Von Bethmann-Hollweg today uttered a plain warning to Russia that in case hostilities should arise out of the Austro-Servian difficulty, Ger- many would draw her sword to assist i her allies.

The imperial chancelor made this declaration in the course of a speech ii the rcichstag, discussing the Balkan situation. He said: our allies. Austria-Hungary and Italy, in maintaining their interests, are it is not the present a third party and thereby threatened in their existence, then we, faithful to our compacts. will take their part firmly and decisively. we shall fight side by side with our allies for the maintenance of our own position in Europe and in fence of the security and future of our own fatherland.

am convinced that we have the whole nation behind us in such a Germany, he said, like several of the other great powers was interested in preserving Turkey as a powerful economic and political factor. He was able, he said, to deny reports that the great powers or several of them were planning the acquisition of Turkish territory. Tt was assumed the imperial chancellor was referring to the report that England was about to proclaim a formal protectorate over Egypt. The vigorous tone adopted by the im- ehancellor surprised the house, was expecting the Usual assurances that everything way well. perial which matic going WOMKN TAKE VOYANTAGE OF WAR AND ESCAPE FROM HAREMS Paris.

France. Dec. Turkish harems have been considerably depleted since the Ottoman capital has been threatened by Bulgarian army. Many of the educated women belonging to the establishments of Turkish personages of high rank have taken advantage of the unsettled conditions in Constantinople to escape from the harems and proceed to western Europe. new evidence has been is probable that the argu- be made over again.

Seusatlon Saturday. which has been sensa- its opening, developed the newest sensation Saturday night. While a crowded courtroom held its breath, judge Isaacks excused the jury until Monday, telling them that he had hoped to complete the trial that night, but that circumstances over which he had no control had arisen, and that the jurymen would have to be content to stay together until Monday morning, AVhen the hearing of the case would be resumed. The moment was a dramatic one. All evidence had been submitted in the case, and each side had rested before noon Saturday.

It was announced that the argument of attorneys would begin directly after lunch, judge Isaacks calling court to meet at 1 oclock, in order that it might not be too late when arguments were finished. Assistant district attorney Neill opened for the state, speaking for an hour and a half. Mr. Neill was followed by Chas. Owen, of counsel Plea For Prisoner.

Attorney Owen devoted considerable attention to D. Lee. the principal witness for the state. He couched his phrases so insinuatingly, and laid the circumstances of the case before the jury in such a way as to try to leave a large element ot doubt in the mind of the jurymen at the moment. He rehearsed Lee's connection with the case, his voice and words personifying a sneer as he told of denials of the testimony of Mrs.

Orner and Mrs. Archer, who stated that Lee had made offers of marriage and improper proposals to the defendant. During this invective, Lee sat in the courtroom, along with the other witnesses. When Owen was most bitter and most accusing-. Lee's face was flushed, and he leaned forward as though he were about to rise to his feet and speak in his own behalf.

Owen spoke until almost 5 oclock. The tall young lawyer from Tennessee, who has aided the defendant through ing, at which time the hearing of this case will be Then, raising his voice: witnesses in this case will remain in Pecos until they have been excused by the court. There may be some ho will not have to stay over until Monday, but none should leave without being personally excused by the court. The rule is invoked without exception, and you will not talk about the case to each or to anyone except the attorneys interested. of the he said, addressing the jurors, had hoped that you would hear the concluding arguments of the attorneys, and that you could take this case under consideration tonight.

In that event you might have been able to reach a verdict at once, and could then have gone to your respective homes. I regret to state, however, that circumstances over which the court has no control have arisen, and it bccomes necessary to adjourn until Monday morning, as I have stated. If there is anything you lack that will contribute to your comfort, tell the sheriff of the matter, and. if he is unable to fill your wants, he will come to the court and receive the aid necessary. in the aisles will step aside, and no one will address the jury as chev pass out.

Anyone doing so will ba held in contempt of court. Keep your seats until the jury shall have out. Mr. retire with the So closed the night session that been expected to conclude the trial. Pecos was agog Sunday with speculation as to the real meaning of the events of the evening.

the courtroom was filled to overflowing by lfr oclock this morning. Dropped the Mrs. Orner, on the witness stand-, did not say that her husband had died because she had given him morphine, but said that she had felt because she had dropped the hypodermic syringe ud it. thereby losing the chance to give him an injection whan he eallcu tor it, she might have been to blame for his death. Dr.

M. O. Wright testified that he did not know what had caused death, but that all the organs of the body were found in a healthy condition when he made a postmortem; that Orner was apparently a healthy man and that there were no evidences of his having been a morphine fiend. Jurors Piteh The jury in the case of Mrs. Orner has ha.d novel way of passing away the time.

Two holes, each the size of a dollar, are dug in the ground. These are about 1 r. feet apart and one juror stands at either hole trying to throw dollars into the other. Of course it is not for for that would be gambling and in violation of the law. FOUR MEN DISMISSED GOVERNMENT TS PROSECUTION IN DYNAMITE TRIAL on page 3.) BEMES SlIE IS FORTIFYING NATION'S Belgrade, Servia.

Dec. official statement denies reports that Servia is concentrating troops on the northern frontier and fortifying Belgrade and other towns. The Servians have occupied the town of Elbasan west of Monastir. r. S.

HI ISERS IN ASIA MINOR. Washington, Dec, and American interests in the Asia Minor coast of the Turkish empire, where it was feared an uprising against Christians might develop, now are assured of protection by American warships. The armored cruiser Tennessee has arrived at Smyrna and her sister ship, the Montana, will arrive today at Beirut Indianapolis, Dec of the 45 defendants in the were discharged by the government today on the grounds that the charges against them had not been sustained. The dismissal of the cases, leaving 41 on trial, came when district attorney Miller announced that the evidence was all presented and rested its case. Mr.

Miller then moved the dismissals as follows: William K. Benson, of East Galloway, N. former president of the Detroit federation of labor; Moulton H. Davis, of Westchester, former member of the executive board of the International Association of Bridge and Structural Iron Workers; John R. Carroll, of Syracuse, N.

former official of the local Iron union; Spurgeon P. Meadows, of Indianapolis, business agent of the local union of Brotherhood of Carpenters and Joiners. The government said its release of these defendants did not affect the merits of the remaining cases. Motions by the defence for the dismissal of Michael J. Cunnan, of Philadelphia; Clarence E.

Dowd, of Rochester, N. formerly of Detroit; John H. Barry, of St. Louis; James E. Ray, of Peoria; Murray L.

Pennell, of Springfield, Fred Mooney, of Duluth, and other defendants were overruled. will say at the end of the trial I will listen to motions as to a few moie (Continued on next page.).