ASSOCIATED PRESS Leased Wire WEATHER FORECAST. Fair tonight and Tuesday. EL PASO HERALD EL PASO, TEXAS, Monday Evening, May 26, 1913----------12 Pages SUIT AGAINST TIMES O’KEEFFE Former Manager Says H. J. Simmons and J. F. Williams Among Owners. SAYS HE BOUGHT PAPER FOR THEM • T HE real owners of the El Paso Times were divulged today in a suit filed in the 34th district court by Thomas O’Keefie, lately general manager of the 'paper, who asks for pay for his services. He says be negotiated the purchase of the paper for H. J. Simmons and associates at a time when the Times was fighting the sale of the waterworks plant to the city, Mr. Simmons then being president of the waterworks company. Because of his business ability and editorial capacity ha ennanced the value of the Times Publishing company in the space of three short years, iroia $ 150,000 to $2¿0,000, O’Keeffe declares, and he prays that li. J. Simmons, Frank Powers and J. F. Williams be made to pay him $^9,118.75. He wants lrom the Times company itself the sum of $14,375 for his services as editor. Alleging that his demands in this respect have been refused, O’Keeffe filed suit in the 34th district court to enforce them. To see that these claims are satisfied. the plaintiff says he is holding the morning service franchise of the Associated Press, which franchise he procured in his name with tne consent of the defendants. llis Job Abolished. On May 17, plaintiff alleges, the defendants, without notice or legal cause, summarily declared mat the office of the president of the Times was vacant. The office, he says, was held by him. At the same time, he declares that he was advised that his connections with the corporation had been severed. A demand, he also says, was made for his resignation and the transfer of the xYssociated Press franchise, all of which, the plaintiff says, he refused. He believes, he says, that the defendants are attempting to consummate and seil the properties of the paper, and that they are now denying he has any interest, claiming that he is not a stockholder. The defendants, he charges, refuse to have an accounting with him. Bought Paper for Plaintiffs. The plaintiff’s real connection writh the morning paper dates back to April, 1910, when he says that the defendants, acting through Prank Powers, entered | into negotiations with him to purchase | the Times, agreeing to enlist his ser- I vices in conducting, managing and edit- j ing the paper, it was agreed, the plain- J titf avers, that the plaintiff should purchase the payer from the then owner (who was Juan Hart) for the defendants, and that a corporation should be organized for taking over the newspaper. To that end, the plaintiff says that he procured an option on the plant for $150,000, and, in accordance ’ with the agreement with the defendants, obtained a charter from the state, capitalizing the company upon Its organization for $100,000. The W aterworks Deal. At the time Mr. O'Keeffe alleges that he bought the Times for the defendants named in his petition, the paper was fighting the proposed purchase of the waterworks pjant by the city of El Paso. Mr. Simmons was president of the Waterworks company at that time. The paper immediately switched from opposition to the waterworks sale to advocacy of it, as soon as Mr. O’Keeffe took charge. At that time it was stated that Mr. O'Keeffe had bought the paper for himself. Today he declares PÍÍV * n * a 18 S jap _ „ , ■ 1 II1S 1 il * I fjS Ik pf I iff I «3 IS II fl I ! I « i üWlû K R ft SVI fi I 1 8 I igp n m lit mis hi m ü * m ü «»s» vnninrn I fa luSp H AÌLlìu Ld Health Officer of New York Land Owners Have to Pay Asks Board to Stop Use of Friedmann “Cure.” SAYS INOCULATION ACCELERATES GERMS For Maintenance and Op eration During Building. SUPREME COURT GIVES DECISION Judge Isaacs Sends Out For More Men For Murder Trial at Pecos. FIRST VENIRE HAD BEEN EXHAUSTED N that he made the deal for H. J. Simmons and associates. The water plant was sold to the city on October 1, 1910. The defendant^ agreed, the plaintiff says in his petition, that he should have the privilege of purchasing at least $35,000 worth of the capital stock. While he says that he did not have this amount in cash, it w'as agreed that he was to pay for it at any time he was able. “Services of Hi&li Order.” The plaintiff avers that tie assumed all the responsibilities and entered upon the performance of all the duties of an editor, ried large responsibilities in the up building of the plant, both editorially and financially. The services he rendered, he says, were of the highest order of business ability and editorial capacity. He says that he has had many years of experience, especially in newspaper management. As the result of his administration of the affairs of the paper, even with inadequate capital, the plaintiff al>rges that he broadened the circulation of the paper, increased its advertising and other sources of revenue, the total increase in the asset value of the paper being from $150,000 to $250,000, he says. “Carried Large Responsibility.” In addition to the services he performed, the plaintiff says that he carried other large resposibilities in that nearly all of the stock of the corporation, being $97,000, was originally placed in his name. In the matter of the Associated Press franchise, the plaintiff says that he obtained this in his name, relying on the assurances of the defendants that he was the owner of a large portion of the stock of the paper. The plaintiff avers that he still holds this franchise and claims an interest in it. He alleges that he has the right to hold it until his claim against the pefendants is satisfied. Says Payer for Sale. While the plaintiff says that no agreement was Titered into between him and the dc^ndants as to salary, the defendants fixed the small amount of $250 per month as the amount he might take out of the business. In January of this year, the plaintiff says, the defendants advised him that they wanted to sell the plant, vesting in him vhe exclusive authority to make the sale. The plaintiff says that he entered into negotiations for the sale of the property with a prospective purchaser and but for the interference of the defendants, would have consummated the sale for a sufficient amount to have paid him for his interest in the corporation. His claim agaipst the defendants is based on the interest he claims to have in the corporation, a f te r being enhanced by his labors, and tne claim against the company for services performed. EW YORK, May 26.—Dr. Joseph J. O’Connell, health officer of the port of New York, sent a letter today to health commissioner Lederle requesting him to submit to the board of health at its next meeting a resolution prohibiting the administration of the Friedmann turtle serum treatment for tuberculosis in New York, “until such time as those interested affirmatively in its administration shall notify the health department of its inoculous character.” Dangers of Treatment. “The report of the investigator of your department,” reads the letter, "in whose presence tuberculosis gives his representatives a compellirfg force, are all to the effect that the dangers which might be apprehended in such a form of treatment are actually present therein. He finds that the patients subjected to this treatment have not improved but have lost ground to an extent greater than might be expected from the natural ravages of the disease. “Hi finds that where the tuberculosis condition bad affected one side prior to inoculation w'ith the serum, there was after such inoculation an unnaturally rapid development of the tubercular process on the hitherto healthy side, wrhic.: indicates that the operation of the al'eged cure had a tendency to accelerate rather than retard the progress of the disease. Seeks to Prevent Fraud. “It seems to me that it wrould be culpable for us to longer hesitate and that our duty now is to insist upon such regulation and supervision of this enterprise to prevent the perpe- I tration upon the public of a dangerous j and cruel fraufo We cannot overlook the fact that this treatment has been exploited much after the manner c f the exploitation of many so-called mining securities and other financial schemes from w'hich the credulous public has suffered. “The wide advertisement of the se! dum has had an effect of awakening 1 a final and pitiful hope in the breasts j of the desperately ill, w'hich shrewd j and conscienceless men might turn into j an immense financial profit. There j has been time and opportunity in j plentiful measure extended to Dr. ! Friedmann and those who propose sim- j ' ilar remedies for tuberculosis to deni- j onstrate the therapeutic value of their treatments, but there has been no such demonstration of value. On the other hand, we have before us reports of the gravest character.” SUFFRAGET LEADER IS ARRESTED AGAIN Mrs. Emmeline Pankhurst, Released From Prison After Declaring “Hunger Strike,” Is Held in London. London, Eng., May 26.—Mrs. Emmeline Pankhurst, the militant suffraget leader, who was released from Holloway jail, on license on April 12. owing to the serious condition of her health, arising from her ••hunger strike,” was rearrested today when she was leaving the house where she has been staying. The house of commons passed a new' law this year known as the “cat and mouse bili,"’ permitting the prison authorities to release suffragets suffering from the effects of “hunger strike and at the end of a short period to rearrest them without warrant and make them serve the remainder of their original sentence. Mrs. Pankhurst’s license released her for 14 days, but it was then extended in consequence of her feeble condition. Victoria Park, in the West end, was the scene of rioting when trade unionists and Socialists attempted to hold a demonstration in support of votes for truck W- SHINGTON, I). C., May — More than 10,000 farmers on reclamation projects of the west will l»e affected by the supreme court decision today that they must pay to the government the cost of maintenance and operation of the various reclamation projects pendfbg theiv completion. The decision was in the suit by D. P. Baker and other farmers on the >'unnvside unit of the Yakima, Washington, project, to nave the reclamation service enjoined from cutting off the water supply to enforce collection of such charges, imposed under instructions from the secretary of the interior in 1902. Nearly a million dollars have already been collected by the government. Half a million more is about due. Justice Lamar announced the court’s unanimous decision and declared that congress intended that the settlers should pay the cost of maintenance and operation. DENVER NEED NOT BUY WATERWORKS Washington, P. C., May 26.—The supreme court held today that the city of Denver, in taking steps looking toward the erection of a municipal water system, was not compelled to buy the private plant of the Denver Union Water company, or renew the company’s 1890 franchise. Is Outcome of Election. Denver, Colo., May T6.—The decision of the supreme court in the Denver Union Water company case is the outcome of the action of the voters at an election held May 17, 1910, when the company’s application for a new franV chise was defeated, together w'ith an alternative proposition to purchase the corporation's plant for $14,400,000. P ECOS Texas, May 26.—A special train was run to bring jurors here for the trial of Jim Wright for the killing of C. C. Steed. The special venire was exhausted Saturday afternoon at four o’clock, when but three men had been secured for the trial. These the judge ordered into the custody of the sheriff and ordered another venire of 80 men, to be chosen among nonresidents of Pecos, to appear this morning at 10 o'clock. In order to aid the selection of the jury, and to enable the men to reach Pecos after being summoned, the judge conferred with manager L. W. Anderson, of the Pecos Valley Southern, who agreed to run a special train to the Toyah Valley Sunday morning, with tha sheriff and deputies, returning late Sunday evening with the veniremen secured up and down Toyah creek. Ordinarily there are no Sunday trains over this road. This case promises to be even more hotly fought than the Miles case last week, judge Eoss for the defence putting the jurors through the most rigid examination. One question that he has asked most frequently is whether the juror would have the courage to stanl for the defendant even in the face of what he knew to be the opinion of the public in general, and risk criticism of the most severe sort in standing for a verdict for the defendant. In pleading to the reading of the indictment, on arraignment, Wright stated that he would rely upon self defence as justification for his killing of Steed. TWO MEN OF JUAREZ GARRISON EXECUTED WATER IN RIVER NOT PROPERTY OF LAND Washington. D. C preme court today government was not required the Chandler Dunbar Water May 26.—The su- decided that the to pay ! Power company $550,000 as adjudged by a Michigan federal court for water power appurtenant to land condemned for the construction of additional locks and canals in the St. Mary's river. It was held that the flow of a navigable river was in no sense the property of the owner of adjacent land or of the owner of the bed of the river. The decision is regarded as a precedent—making one. the He deli ot but UNIFORM PRICES CAN’T BE FORCED Washington, D. C., May 2G.—Patented articles sold under price restrictions by manufacturers may be resold by retailers at cut rates. The supreme court so held today in the case of a newly patented nerve tonic. Safety razors, talking machines and thousands of other patented articles are affected by the decision. STATE RATE CASE HANGS FIRE. Washington, D. C., May 2?.—No decision in the state rate case was announced by the supreme court today. COURT ASKS COURT TO REVERSE COURT women. The vrowd stormed a truck on which were Sylvia Pankhurst and other x inixiiot: ol mi tut; uuncn : A . , 5 1 -ho He alleges that he car- | suffragists and dragged it outside the ipark . . _ ! Mounted and foot police, by repeated charges, finally drove the crowd away. Men and women fainted in the crush and children were trampled upon. There | were numerous free fights and ambu- j lance corps were kept busy. j SUFFRAGETS MAKE ATTEMPT TO DESTROY GOLF LINKS i St. Andrews, Scotland, May 26.,—Twro I militant suffragets attempted early f todav to damage the golf links here ! and so interfere w'ith the opening of ! play for the amateur golf champion- j ship of the wrorld. f The women were intercepted near ! the 17th green by the night guards, ! who have been on duty in considerable force for over a week owing to threats of militant leaders. One of the women escaped but the other was caught. She was liberated after being searched. WILSON STAYS SENTENCE OF CONVICTED DOCTOR Washington, D. C., May 26.—President Wilson granted an indefinite stay of sentence to Dr. Theod»>:*e Kharas, of Elmira, N. Y. today, convicted at Omaha of using the mails to defraud and sentenced to four months’ imprisonment. and to pay a $400 fine. Kharas sold stocks in a companv promoting an invention which congressmen Bremmer and Baker, of New Jersey, told the president today had since proved successful. The president’s action saved the man from going to jail tomorrow. WOMAN CHOKED TO DEATH, THE CHARGE New York Prosecutor Says Burton W. Gibson, a New York Lawyer, Choked Client Before She Drowned. Newburgh, N. Y., May 2 6.—When the trial of Burton W. Gibson, a New York lawyer, for the alleged murder of Rosa Szabo was resumed in the supreme court today, John Minturn, of Greenwood Eake, the only eye witness of the fatality, was subjected to a close cross- examination. Minturn said he watched the boat containing Gibson and Mrs. Szabo at a distance of three-eighths of a mile. It appeared to him that Gibson seized the woman and pushed her overboard. Then Gibson, he said, went overboard from the other side of the boat, swam to the boat and upset it and appeared to pull off the jersey of his bathing suit. The state charges that Gibson choke,! the woman, pushed her overboard, jumped overboard from the opposite side of the boat, upset it and tore off his jersey to make it appear that he had lost part of his suit in a struggle to save the woman. The defence is that the death of Mrs. Szabo, a client of Gibson’s, was an accident. Lower Court* Peeved at Action of Appellate Court, Wants Supreme Court to Reverse Appellate Court. Washington, IX C., May 26.—The district supreme court here, which originally sentenced Samuel Gompers, John Mitchell and Frank Morrison, the labor leaders, to jail for contempt of court, filed a petition with the supreme court of the United States asking the highest tribunal to review the decision of the district court of appeals, which affirmed the conviction of the three men, but reduced their sentences. At the same time, the supreme court has under consideration a writ of error presented by attorneys of the convicted men. The district supreme court, against which it is alleged the men committed contempt in the noted Bucks stove and range case, asks review on the ground that the court of appeals had no authority to reduce the sentences after ! affirming the convictions. The best informed on the history of j jurisprudence know of no other instance in which one inferior court has \ applied directly to the highest tribunal to reverse another inferior court. PROGRAM FOR THE TUESDAY CONCERT Chief musician S. A. Dapp, of the second cavalry, has the real musician’s ability to select his programs to please the public. The program which he has arranged for Tuesday night in Cleveland square includes “Poet and Peasant,” ( “The Chocolate^ Soldier,” a piccolo solo, j ‘‘Playful Kittens” and other selections equally pleasing. T he program in full follows: March, “Gloria,” Losev. Overture, “Poet and Peasant,” Suppe. Piccolo solo, “Playful Kittens,” polka, Young; corporal liaydn Matthews. Selection, “The Chocolate Soldier,” Strauss. Idyl. “The Glow Worm,” Lincke. Descriptive fantasy, “A Day at West Point,” Bendix. ( Finale, “The l\ag Time Soldier Man,” Berlin. Are Killed For Having Plotted Mutiny; .Would Have Murdered Officers and Turned Over Garrison. Two soldiers of the 15th battalion of infantry were executed in Juarez Sunday morning at 5 oclock. They were Antonio Rodriguez and Iqicacio Hernandez. They had been charged with having conspired with “Constitution alist’’ rebels to cause a revolt of the Juarez garrison, and for the accomplishment of this they were to receive $20,000, it is declared. Hernandez was the younger of the two. He nonchalantly handed out the few pieces of silver he had in his pocket to oi\e of the common soldiers, refused to be blindfolded and, with his arms crossed in front of him, faced firing squad without a quiver, dropped dead at the first volley. Rodriguez, who at one time is clared to have been a sergeant, was so brave. He was blindfolded, pulled the handkerchief down over one eye and quivered a bit as he looked into the five rifle muzzles from which his death was to come. He dropped at the first volley, but he was not dead, so two more shots were fired into his brain. The execution was public and, in accordance with the law\ the whole Juarez garrison marched to a hill beyond the old cuartel and saw the law- carried out. The men were then forced to march past the dead bodies, while an officer declared that this would be the fate of any other who attempted sedition. With the band playing a funeral march, the soldiers of the garrison marched back to their quarters and there was an air of sadness about them. It was on the day the rebels were to have taken possession of the town that the men were executed. At a court- martial held Saturday afternoon, witnesses declared that these men had started a conspiracy. They had enlisted 20 men in their scheme. They wrere to kill the guard, seize the machine «uns, turn them on the garrison and then kill all the officers, after which they were to declare for Zapata. Then Pan.cho Villa was to march into town and take possession. In the custom house, they declared, there were 2,000,000 pesos, of which each was to receive a share, and anyone refusing to join in the revolt was to be shot. Neither of the men made any statement at the time of his death. Tn addition to the two men who were executed, a third, Aurelio Alvidres was convicted on the same charge. However, instead of being shot he was sentenced to serve 15 years in the state penitentiary. The Juarez military officials declare that all three of these men were at one j time Mederista soldiers, were captured I and pardoned by the Huerta govern- I ment and enlisted in the federal acmy. i HUERTA HOPEFUL OF FEDERAL VICTORIES TRIAL AT FT. WAYNE, IND., WILL PROBE “ARSON TRUST” Fort Wayne, Ind., May 26.—Another chapter in the socalled “arson trust” in the central west was started here today when David and Benjamin Rosenberg and Benjamin Franklin were placed on trial before judge Eggemau in the circuit court, charged with arson. The men are alleged to have had their clothing store set on fire that they might collect illegally insurance money on their stock. NEW HEALTH OFFICER VM) I lit ILDIXG INSPECTOR FOR I’HOEMX j Phoenix, Ariz., May 26.—I)r. H. K. j Beauchamp has been named by the ( council as city health officer, to suc- I ceed Dr. William H. Sargent. Formerly j Dr. Beauchamp was superintendent of the state asylum for the insane. Howard B. Claflin has succeeded J. M. Creighton as city building inspector. Creighton held that position a number of years. The office of city bacteriologist has been discontinued. Ilclieves They Will Soon Have Hermosilio A Rain—Hebcls are Recruiting Fast and CuttJns Railroads. Mexico City, Mex., May 26.—The wrar department expresses the belief that before the end of the week the government will be in possession of Hermosillo, capital of Sonora; that much wili be accomplished towards re-opening the Mexican Central railway between Chihuahua and Torreon and that fair progress will be made 4n the campaign anow being directed from Monterey. Rebel sympathizers, however, would not be surprised if when the week closes the advantage will be on the side of the enemies of the government. The attack on Morelia, capital of Michoacan, late Saturday, was repulsed bv the federáis. Rebels are still occupying positions near the town. It is regarded as likely that the rebels will continue their tactics of crippling the railroads and there is (Continued on Page Eleven.) SELECT «5,00« A< RES OF LAND FOR ARIZON A Phoenix, Ariz., May 26.—In the last six days the land commission has selected for the state 05,000 acres lying in Yavapai, Navaio, Apache and Pima counties. All three commissioners are now in the field locking over the land with a view to its selection. UAlLé X K1UULLÒ QUESTIONS. 1. Why is it impossible for a hunter to shoot a couple of birds that fly out of his stove? 2. Why is a new born baby like the tail of a horse? 3. Why is it that the men of today can never be what they used to be? 4. What bird most resembles a peddler? 5. Why is a weathercock like ambition ? Answers will De found under their appropriate numbers scattered through the Classified Advertising pages. ft.PfìPF TIV in n G u METIX IS T miernrTl.. Hudtur Li fti mm I I I in Insurance Men Want to Exempt Policies Written For Mutual Protection. 11 TO PROBE THE LONG BEACH THE GOLONEl D PRESIDENT FAVORS ALASKAN RAILWAY W ASHINGTON, D. C., May 26.— Darwin J. Kingsley, president of the New York life Insurance company, appealed today to the senate sub committee handling the income tax section of the tariff bill to exempt ail insurance written for protection and mutual benefit and -not for profits. He had a spirited exchange with senator Williams over campaign contributions disclosed in the Hughes Investigation several years ago. “When your company paid $250,000 to a campaign fund,” asked senator Williams, “none of that money ever was participated in by the policy holders, was it?” “No, it was not,” said Mr. Ivinglsley. “Then, that proved that your company’s assertions tl\at policy holders participated in all the earnings of the company was false, didn't it?” said senator Williams. Law Prohibits Contributions. “It was absolute dishonesty. I was a policy holder and a Democrat and you took part of my money and gave it away to protect me against my own party. But has all that sort of thing been done away with?” “Absolutely” replied president Kingsley. He explained laws which prohibit it. President Kingsley submitted a detailed statement of his company’s business and resources to show' that it conducted business actually on a mutual basis. The total assets of the company last year were $719,000.000 and he declared not a dollar was kept back from the fund in which policy holders participated. Wilson Favors Alaskan Road. President Wilson told senators Chamberlain and JoAes today that he felt kindly toward the proposal for government construction of railroads in Alaska. The two senators sought the president’s views of securing Alaska legislation during the present session of congress. Mr. Wilson expressed hope that a bill might be passed but made it clear that in view of the urgency for tariff and currency reform, he would be unable as yet to recommend action, intimating that if the Alaskan question could be disposed of without interfering with those two subjects, he wrould lend his support to a bill within the near future. Presidential N ominations. President Wilson sent to the senat9 the following nominations: Appraiser of merchandise in the district of Portland, Ore, Geo. 10. Welter. Collector of internal revenue for tho district of Montana, Wm. C. Whaley. Faor West Virginia l*rol»e. Senator Kern’s resolution for an inquiry into conditions in the coal mining region of West Virginia was ready to be reported from the senate committee on education and labor. Senator Kern and others who were present were confident it would pass. COLORADOANS WILL NOT OPPOSE FREE SUGAR Grand Junction, Colo., May 26.—The Grand Junction chamber of commerce board of directors at a special meeting decided today not to adopt resolutions opposing free sugar. Charges of Graft ancl Faulty Construction Made When Pier Was Built. INSPECTION MAY HAVE BEEN POOR mm Former President Roosevelt Asks $10,000 Damages of Michigan Editor. WAS ACCUSED OF DRUNKENNESS BIDS FOR WORK ON ELEPHANT BUTTE DAM To Be Received June 27i —New Mexican anti Texan Laud Good Jobs—Southwestern Federal Appointments. Washington. D. C., May 26.—Bids are asked for by the reclamation service for sluice and penstock gates for the Elephant Butte dam. The bids will be opened June 25 at. Elephant Butte. President Wilson has signed an order of restoration to the public domain of 12S0 acres near Bisbee, Ariz., withdrawn to prevent attempts to secure the land under agricultural land laws. Leroy E. Keeley has been transferred from the general land office to take charge of the land office at Clayton, N. M f’ato Sells. Democratic national eom- mitteeman from Texas, will be nominated probably this week as commissioner of indian affairs. Under the Texas law be will have to resign the committeeship. Democratic national committeeman A. A. Jones, of New* Mexico, is to be nominated assistant secretary of the interior at the same time. Jones and Sells are here, but refuse to discuss their appointments. James V. Edwards has been commissioned postmaster at Maricopa. Ariz., and U. S. Ragland at Aden. N. M. It is declared in official quarters that George Barton French, of New York, a protege of James J. Hill, has accepted the position of director of the reclamation service, a position now held by F. H. Newell. French is a noted civil engineer, railroad builder, etc., and has had extensive experience in this line m the northwest. French was in attendance at the water users’ hearing, familiarizing himself with the details of the business and became much interested in Arizona afafirs. French is not more than 4 0 years of age, halo, vigorous and pushing. MOTORCYCLISTS ARE HURT IN COLLISION “Zim” and his motorcycle disputed the rightofway with George Lebreton on Upson avenue Monday afternoon. John R Zimmerman, the pioneer motorcycle driver in El Paso, was going north on Upson avenue, when Lebreton came out of the alley in the rear of the Providence hospital on his Indian motorcycle. Before “Zim” could turn out or Lebreton could stop his machine, the two collided and* both men were thrown from their machines. Zimmerman lost a portion of cuticle from his knee and his foot was cut. Lebreton suffered an injury to his thigh, but was able to walk downtown after the accident. Zimmerman was taken into the Providence hospital, where Dr. C. E. Reine- mund dressed his injuries. The machine which Zimmerman was driving was a new Dayton motorcycle, which he had just purchased. The front wheel was smashed. The Indian, driven by Lebreton/ was damaged more than the Dayton, as it was sprung and the engine knocked out of line, a pedal was torn off and the whole frame was rammed. RET I R\ FROM GOLF TO! RVEY Sheriff Peyton J. Edwards returned to El Paso Sunday after playing in the golf tournament at Houston, Tex. Alderman C. H. Leavell and A. W. Houck, who went on the same mission, returned Monday morning. The sheriff stated that the El Pasoans were hampered in the match by being compelled to qualify in a pouring rain. L ONG BEACH, Calif., May 26.—When the*request is held Thursday over the 36 persons who lost their lives in the collapse Saturdav of a portion of the municipal pier, the question will be probed of who was responsible for the condition of the structure w'hich proved too wreak to withstand the weight of several thousand men, women and children, who had gathered to celebrate British “Empire day.” Evidence show'ing decay and the corrosive action of salt air from the ocean w*ere under guard today waiting the requisition of the coroner’s jury. Several construction engineers, among them Luther Munson and J. P. Kennedy, who were appointed on behalf of the city of Long Beach, began an official inspection and investigation. Public Building's Inspector. One of the principal witnesses before the coroner’s jury will be James Twombley, member of the Dong Beach board of public works, who, according to mayor Hatch and his colleagues on the works board, was charged w'ith the duty of inspecting buildings. Mayor Hatch escaped death in the accident only narrowly. Coroner Hartwell said that he is working in accord with district attorney John D. Fredericks, who personally inspected the scene of the disaster yesterday. * Daughters of the Empire and Sons of St. George, the two principal organizations, which had charge of the ' Empire day” celebration, which ended so tragically, started a campaign today for the relief of the victims. 2(H) Are Injured. While those seriously hurt numbered not more than 65, nearly 200 were injured sufficiently to partially disable them, and aid will be given them as well as to their unfortunate companions and friends. Coroner Calvin Hartwell and district attorney Frederick conferred today with reference to handling the inquiry. The coroner, it was said, was vested with powers sufficient to cover the case, and had the right to obtain prosecutions for manslaughter if the evidence developed at the inquest should, warrant such action. Graft Charges. The coroner will go into all phases of the disaster and will delve into the history of the municipal pier and the city auditorium, the construction of which was accompanied by charges of graft. The structures were completed In 11)05 and 11*00. J. B. Eosee, a member of the city council at that time, and mayor Eno were charged with having accepted bribes from the contractor. Losee was the only man brought to trial. The jury disagreed and, without going to trial a second time, Eosee turned $1000 into the city treasury. No action was taken against the contractor, John Baird, and the structures as built were accepted. The allegation that since the building of the pier it never has been systematically inspected, will also be probed by the coroner’s jury. Expects to Examine Pier. Experts will be appointed to examine the damaged pier and report on its condition. One expert will be named by mayor Hatch, of Long Beach, one by the British societies and the third will be selected by coroner Hartwell and district atorney Fredericks. C. White Mortimer, British vice consul at Los Angeles, will be represented at the coroner's inquest. Two Bodies Shipped. The bodies of Miss Frances Harriett Newell and Mrs. Mary Ferris Gates, two of the victims of the disaster, were sent to their former homes in the east today. Miss Newell’s body is being taken to Kenosha, Wis., and Mrs. Gates's to Oak Park. Ill The two women were close friends and had purchased tickets for a trip around the world. Heavy Damage Suits. Prospective damage suits aggregating probably $1,000,000 or more will be the outcome of the disaster. City attorney Stephen Long answered reports of the physical damage suits with the statement that in his opinion the city eouid not be held responsible for the deaths and injuries, because no charge had been made by the city for the use of the municipal amusement property. Use of the pier and auditorium had been given without cost, and the celebrators, he said, had used it at their own risk. While Mr. Long was occupied with the legal phase of the disaster’s aftermath. mayor T. S. Hatch, members of the city council and of the board of public works conferred Sunday with district attorney Fredericks with ref- ernee to the inquiry to be started before the coroner’s inquest. Officers Guard Wreck. On the order of the district attorney, two officers were placed on guard Sunday over the ruined section of the pier. They were instructed to keep watch constantly, in 12-hour shifts, until relieved by the grand jury and to allow no tampering with any part of the collapsed structure and dropped several hundred merrymakers down a funnel of jagged timbers and boards to the strand, within a few feet of the ocean tides. Several broken timbers, which are expected to show the general condition of the pier and thus aid in developing evidence of negligence if there be any, were taken out of the pier and locked up under official seal. Military Trend Damaging. Tt is declared that a much stronger structure might have been wrecked under the same circumstances, as the biggest part of the participants marched upon the pier in step. Military men point out that the rythmic vibration caused by the measured tread of thousands of feet caused a tremendous strain upon the supports w'hich already had been heavily burdened by tho throng crowded about the auditorium doors awaiting admittance. M ARQUETTE, Mich, May 26.— The libel suit brought by Col. Theodore Roosevelt against Geo. A. Newett, a newspaper publisher cf Ishpeming, began before judge Richard C. Flanningan here this afternoon. At 2 oclock the court called the case of “Roosevelt vs. Newett’' in which | Col. Roosevelt is asking $10,000 dam- I ages for ♦he publication by Newett i last October of an editorial charging i Col. Roosevelt with drunkenness. The j regular venire of 36 men caxne into court immediately and the work of selecting a jury was begun. Many Women at Trial. Before the case was called, th«i court room was half filled with spectators, including many women, mostly seated in the balconies. The corriders out- sside were thronged with others anxious to be the first to enter when the doors wTere opened to the general public. Judge Flannigan announcad that none would be admitted after the regular seats had been filled. Guards for Roosevelt. Col. Roosevelt, who arrived here early in the day, accompanied by former members of his cabinet and a number of witnesses, arrived at the court house shortly before the case w'aa called. He drove up in an automobile, and, walking between two secret service men, went into the court room. His arrival was not attended by any demonstration. The room remained perfectly quiet as Col. Roosevelt entered. He took a chair beside Wm. H. Van Benschoten, of New' York, one of his lawyers. He listened attentively while the names of the veniremen w'ere being called by the clerk. New'ett sat at a table with his lawyers, to the right and somewhat in front of the plaintiff. Neither appeared to see the other. Attorney Pound thought that the opposing lawyers had some advantage in having a table nearer the jury box and, receiving permission from the court, moved to a more favorable position, lacing the box. Twelve Men in Jury Box. The clerk put the names of the veniremen, each written on a slip of paper, into a tin box and after shaking the box began to pick out the names one by one until 12 men were seated in the box for examination as prospective jurors. Attorney Pound then explained to the men the purpose of the suit. “This suit,”' said Mr. Pound, “is brought by Theodore Roosevelt, of New York, against the defendant Newett, charging libel. I think that is all I need to say at present, and I will proceed to question you.” Joseph Robear. 25 years old. a teamster, said he lived in Ishpeming. Asked whether the fact that the alleged libel took place in Ishpeming would influence him in forming an opinion, Robear replied it would not. “Do you look upon the publication of such a statement about Col. Roosevelt as a joke?” Not a Joke. “No. I would not consider it a joke.” Examined by Wm. P. Belden, counsel for Newett, Robear was asked: “Would the fact that the plaintiff has been a president of the United States affect you any differently from what you would feel if he wrere a plain citizen like Mr. Newett?” “No, that fact would not affect me." “You would not be influenced by the fact that he has been president?” “No. sir.” Hugho Erickson, of Isltpeming. the next to be examined* said he did not know* the defendant, had neither business nor Social relations with him. “Would it make any difference to you that one party to the suit was a resident of the state of New York and the other a neighbor?” “No,” replied iSie witness. Newspaper Charges. “If a newspaper declared that some one is guilty of murder, or burglary, would you regard it as a joke or a serious matter?” P'riekson thought it was serious. Attorney Belden asked if he had & preconceived opinion *of the case. “No,” came the reply. “Have you any prejudice as to the right of a newspaper to comment on the action of a public character?*' “No.” “If we should prove that what the defendant wrote against the plaintiff was true, would you have prejudice against the defendant?” Belden had great difficulty in mak- i ing the venireman understand. Being j unable to get an answer at judge Flan- l nigan’s suggestion Erickson was passed over temporarily. No Place for a Minister’s Son. Chas. Rutledge, of Ishpeming. son of J a minister, wtio formerly lived in Ohio, j said he was an automobile repairman. “Are ye>u a subscriber of Mr. Newrett'3 j paper. Iron Ore?” asked Mr. Pound. “Yes, my father is. I know Mr. New* i ett and repair his automobile.” j “Your friendship with the defendant would not bias you in the trial of this I case?” I “No. I think T could try it fairly.” “What do you think of the law of ! libel? Is it a joke or a serious matter?” J “I think it is serious. I “If a man publishes something nn- ; truthful about another, you think ho 1 should be punished?” “Yes, I do.” Rutledge was excused by the plain| tiff’s counsel for cause. Roosevelt Interested. [ Col. Roosevelt sat about 20 feet from j the jury beix listening to the examina* j tion. I Frequently he leaned over to talk . to James R. Garfield, who sat beside ! him, or looked about the court room ' and nodded to people he recognized. ww Cl For Place WANTED —In a mining camp, a woman cook for the office force, consisting of 2 men; widow preferred; no objection to a woman with grown child; railway fare advanced; $30 per month and board. Address Geo. H. Holgate, Cuchillo, N. M. Th is ad. inserted in The Herald on May 9th, brought 142 answers. One came from Pittsburg, Pa., two came from Columbus, Ohio.
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