El Paso Times from El Paso, Texas • 1

WEATHER FORECAST. Washington, Nov. 3. Went Texas: Cloudy and warmer Saturday; Sunday fntr. New Mexico: Fair Saturday; warmer In snutheait; Sunday fair.

Arizona; Kalr Saturday and Kunjuy. METAL MARKET. COPPER, PER 100 ZINC, PER 1C0 LBS $6 30.50 6ILVER, PER 02 M' LEAD, PER 100 LBS $4.2544.39 THIRTY-FIRST YEAR. EL PASO, TEXAS, SATURDAY, NOVEMBER 4, I9II. TWELVE PAGES PRICE.

FIVE CENTS DO.VA AX A t'CH'XTY TAFT PREPARES REBELS TAKE MARTINEZ CASE BEFORE COURT ROOGERS HEARS PACIFIC COAST ra o'clock In the afternoon of Thursday; that on said date 1 proceeded to the town of Pecos, In the county of Iteeves, arriving there about 4 a. July 2i, and I found that the defendant had been Indicted, and that the cause against the defendant was act for trial that morning; the state had summoned its witnesses, but the defendant had none, and no person would talk to me about the case. The only thing tltHt they would say is that "S'ou had better go back to El I'aso, as we intend to hang this boy law or no law." At ten o'clock on said day tint said case was called for trial, and that the defendant was bl Celebrated Murder Case is Now Being Argued PUTTING UP STUBBORN FIGHT Probabilities Are the Case Will be Carried to Supreme Court of the United States Special 1o The Timet. Austin, Texas, Nov. 3.

That he was given the third degree" by cowboys and county officials in Reeves county is the charge made by Leon Cardenas Martinez, whose application for habeas corpus is being heard before the court of criminal appeals. Martinez, a boy apparently about 16 years of age brought here from Waco today and testified before the court last evening, lie was not permitted to go Into the merits of the case, except in so far as it went to how that he had not been given an opportunity to make an appeal to the court of criminal appeals. He testified that the attorney appointed by the court to defend him told him he had no ground for appeal to a higher court when he asked to be allowed to make such an appeal. He also claimed he had not been given two days in which to make application for a motion for a new trial. D.

it, Davilla, president of the Mexican i'rotective Association of San Antonio, is here looking after the defense of Martinez. His attorneys fay the confession he is alleged to have made was made at the point of a revolver. The boy's father, who bears the fame name, was present at the hear ing. He is a wealthy merchant of lJurango. The case was given an International aspect when attorneys for the Mexican boy brought out that Martlneis lives In Mexico and has never taken out naturalization papers in the United States.

If a new trial is not grant ed the case will be taken to the supreme court of the United States. Story of t'rlnie Martinez Is charged with murder of Miss Mary Brown in Iteeves county last July. She was a resident of Austin and was visiting relatives In Reeves county. He was arrested the day of the crime and was tried and convicted four days later. He was sentenced to be hanged Sept.

1, but the government granted a respite of 30 days and later a writ of habeas corpus was granted until the case could be reviewed by the court of criminal appeals. Witnesses Examined. The state was represented by Chas. Ttogan of Austin, District Attorney Will P. Brady of Reeves county and Shelley Grover and C.

K. Lane, assistant attorneys general. Twelve witnesses were sworn and placed under the rules. The state asked to have District Judge F. J.

Jsaacka of fteeves county excused from the rule, but attorneys for Martinez insisted upon the enforcement of the rule upon Judge Laacks also. MAKTIVEZ CASK DEVELOPMENTS IX 11EEVES COIXTY Upeciitt (o The Timet. Pecos, Texas, Nov. 3. District Attorney Will P.

Brady, Sheriff Brown, mV. W. Johnsond and 11. Koberts, took "train yesterday afternoon for Austin, to attend the Martinez trial. K.

P. fcituckler, deputy, and another of the witnesses, followed on this morning's train, while the crowd was joined at Fort Worth by Jim Mayfield and J. Crenshaw, whose presence is also essential. From Midland the party received District Judge S. J.

Isaacks anil Sheriff W. M. Beverly, who will also be witnesses in all probability. There Is not much telling in ad- kvanee as to what the result of the hearing will be. Under the hearing of a writ of habeas corpus the prisoner Is either released from the custody bT the sheriff (in which event there would be a new trial), or else he is returned to the sheriff, and in that event.

Sheriff Brown, Martinez and Judge Isaacks would return to Pecos, where- the prisoner would be re-sentenced and the day set for the execution. There are Beveral other possi bilities tnat mignt be conjured up, but it Is most probable that the court of criminal appeals, will simply order the record brought before it, and that, having decided that the trial given in Pecos was a fair one, would remand the prisoner to the custody of (sheriff Prurn. "You may say that I have no apprehension as to the outcome of the hearing," said District Attorney Brady yesterday afternoon before leaving. "I believe thst the end of this case is tin sight, and that Martinez will be hanged In Reeves county, in accordance with the finding of the jury In the trial In the district court." Mr. Brady has prepared himself for several emergencies that may arise, and the prepence of the witnesses who the Immediate estab-oonstltutional govern- mcui.

Both life assembly and the throne compiled, and Lit and his colleague remain In Peking, forming a military league to which already the various garrison adhere. But while the nominal government, acting under dictation, pardons grunts genera! amnesties nnd promise not to employ force against the revolutionists, the war board, proceeds steadily In its efforts to cheek the rebels, at Hankow and along the Till Yuan Fu railway, al-tboiinii in the latter region the Imperial troops have refused to engage the Shnnsl rebels. In Peking, opposing Prince Ching, the acting premier and Prince Chun, the regent, is a slrong element headed by Prince Tsal Tao nnd General Yin Tchang. Prime Tsal Tho Is known to be opposed to the throne's wholesale surrender to the radicals and continues advocating war to the end. It Is reporte that he did not resign the presidency of tho war board and violently protested against yesterday's edict accepting his resignation.

Chinese fleeing from Peking say he open ly advocates tlnir massacre. Whether Yuan Shi Knl is prepared to assume ihe dictatorship with the dire prospects before the country 1.1 the question of the hour. The constitutional premiership has been offered him. but It Is believed It will bo impossible for him to accept In tho present chaos. He desired the premiership a week ago lui may not now wish the office.

ri.sk;xatiov op HAS KEEN COVI'IRMEB. AMtn-iat il )'n Pi'f'ci. Han Francisco, Nov. 3. Special cablegrams received from Peking late today by the Chinese Free Tress of this cllv confirm the resignation oi" Yuan Shi Knl, thu newly-appointed Chinese premier, and say further that be has declared for the revolutionists nnd already lias informed the ro-bel leader of Ills intention to Indue the Imperial troops under his command to follow tho revolutionary standard.

The cable stales that Yuun's reason for his ai as given to the government, was the belief that (Continued On Page Three.) COURT LfSTENS IN To Arguments on Question of Initiative and Referendum BEFORE SUPREME COURT On Question of Constitutionality in te Appealed From State of Oregon Where Meftiurei are Popular AbHiifififrtt Pit HttHttch. Washington, 1. Nov. 3. Tho critical iniiiiiii In which the siiprenio court thu Culled States today listened to arguniiiils that initiative and referendum was uticoiisllilulonal brought encouragement to llu friends of the system.

1 arguments on both sides of the question were eom- pleted before tile court aiijourneil for the day. E. S. Pillsbury. of Kan Francisco, and It.

K. Imnlwiiv, of 1'oiiland, were heard In opposition to thu method In two Oregon cases. When Mr. lillsliurv remarked that lliero could not, with due regard for thu federal constitution, be two legislative jiowers in a state, namely, Iho legislature and I In- people. Justice Luron interi-tipl'd him: "What is a slate const it iitlon but nil organic act of legislation by tho the Justice.

flint expressly what I under-be," responded Mr. lills- stand it to but v. "Then lb Ihe Is legislative power ill "To tnulio a constitution." "Yes." Mr. Pillsbury suggested, that tho people might put Inlo their stale col-slitullon anything not in conflict wh the restriction of the federal lon.iti-tullori. "Wb.it nre the restrictions which you linim are violated in this particular Inquired Chief Justice; White.

"The provision for a legislature." The chief Justice asked him to read it. "I cannot read It; It. Is Implied In li .11 s.lU tin: ,1 1 tol "And. also, the constitution has been construed by this court to Imply that there must be a legislature." The chief Justice asked for tho i cases In which the point had been in I Issue, hut the attorney did not give them. was further argued that tnios Imposed under the initiative nnd ref- i rri'ial'iiii method were in bv "due iprr.ci.

Ihw" snd violated "the equal protection of the laws" so long as some persons were taxed under In- ttlntlve laws and others under Pgls-j lathe laws. I Att'-rricy Oeneral Crawford, of (ire- gon declared that the question wto-th- er the method violated the gufrwwitv of the Cnited States 'i the federal constitution of a "republican form of government to even- state" was a po- plica! question for congress to decide and not a judicial one. He Inquired how the court would enforce Us de-I cobm if congress and Oregon wiru npre.porl to It. Frank Ft. tirant and William Peiibow, of Portland, spoke in the interest of "home George red Wiliiam.

of Hoston. argued that only a partv to the "guaranty," tlu tates, could ask the T'nited S'aO make good Its promise That crcrv state should have a republican form government. A corporation, he said, coulrl not do so, because Ihe guaranty was to the states. "I have beard no MMe objecting to the Oregon form of govj nm'-nt." said -William. Chief Justice White suggested that tho word "form" In the constitution participate In lishmeiH of a I WILL iO DEMOCRATIC.

Special to The Times. -e Las Cruces, N. Nov. 3. The Dona Ana county demo- 4 cratlc central committee gave out the following statement to- 4 day: I'pon a thorough canvass of all precincts In this county this committee claims a Demo- cratlc majority ranging from three to five hundred for the en- tire ticket.

Tho big McDonald meeting Thursday night and the big ilagerman meeting Friday night have been well attended and much enthusiasm shown. Democrat here are predicting -j a state-wide Democratic land- slide. FOUGHT FOR LIBERTY TWO YEARS AND LOST International Case Ends Yesterday Here FUGITIVE IN TWO COUNTRIES Peter Raiceich Left El Paso Last With Sheriff From Reno, Nevada Night After two years of wandering, a year in the Cludad Juarez Jail, and several months In the Jail at El Paso, Peter Kalcevich must at last face a charge of murder and go on trial for hia life. K.iieevich, 'who la twenty-four years old, is charged with the murder of Joe Kostrand at Reno, more than three years ago. Since the night of the crime he has been a fugitive, wandering In two countries and confined as a prisoner in both.

Yrsterday morning there arrived In Kl Paso, on his fourth trip for the prisoner. C. P. Kcrrel, the sheriff of Reitn, Last night after the prisoner had exhausted every means of fight ing extradition he was taken back to the scene of the crime, heavily chained. On Sept.

17. 190S, Joe Kostrand was shot and killed at Keno. There were many witnesses to the shooting and Sheriff Ferrel. was at the sceno of the killing before the smoke of the pistol had cleared away. Kalcevich disappeared a few seconds after tho fatal shot was fired, and since then there has been a chase which has extended through two republics.

The accused man first fled to unknown parts. Two years later he came to 'A Paso where he was arrested on a charge of vagrancy and consequently served a sentence of ninety days on the rock pile. On the morning that he wan released he left the United States, going to Cludad Juarez. Twenty minutes later the city detectives were on his trail, certain that he was the man wanted In Keno for the murder of Kostrand. When It was found that the fugitive was In Juarez the Mexican officers placed him under arrest and locked him in the city jail.

Sheriff Ferrel was then notified and at once went to Mexico for tho prisoner. Kalcevich fought extradition and the officer was compelled to return home empty handed. Another trip was made and again the prisoner succeeded In remaining in tho Juarez Jail. During the assault on Cludad Juarez he, with the other prisoners, was turned loose by the Insurectos. Ho immediately fled to Madera, where It is said that he tried to make arrangements with friends to slip him out of the country through the port of Columbus, N.

M. Jaler he gave up this Idea and tried to escape through El Paso, but was quickly apprehended and throw In Jail. Again Ferrel came to El Paso and again he was forced to return without the prisoner, who had obtained his freedom on a writ of habeas corpus, but wis Immediately re-arrested The rose was then taken to the thirty-fourth district court, where he fought ex'radition. Ippenlod Case. When things begun to go against htm tho prisoner appealed to the criminal court of appeals which yesterday decided that he must return to Keno for trial.

Last night he left ac companied by the sheriff, who de- I thnr he has rnaliv witnpfiupN i against the man. Ferrel said yesterday that Ralcr-vlch. who was known here as Qeorgfl Wilson, was undoubtedly the man who did the shooting. The officer had known him many years and when he first saw him called him by a nick-name, which made the prisoner I acknowledge that he is the man wanted. Ferrel says that the crime was caused by the boy's desire to be known as a tough.

He declares that Kalcevich told a woman that he was genuinely tough, and when she said that she had her doubts about It he provoked a quarrel with Kostrand, whom he had never SPen before. The woman Immediately left town snd a search during the last three years has not revealed her hiding place. The other witnesses are at Keno, awaiting the prisoner's arrival, and the sheriff says that he believes Kalcevich will plead guilty In an effort to save his neck. Ferrel has served five terms ss sheriff of his county and Is well known throughout the west. He wears a goio star set wnn a no carat oia-mond in the center anl boaring six smaller ones In tho points.

The badge was a gift of his friends and deputies. Immediately following the arrest, sensational accusations were made against the officers. Palcvieh contended that he was kidnapped from Juarez and sought his freedom on a writ of habeas corpus. Governor Col-ooitt then tor the matter up, but aftr an Investigation dropped If. Kalcevich and his friends alleged that the Juarez officers accompanied the man to the International bridge, walked him across to the American side where he was placed under ar- rest.

Much mnnfi has been spent by Kalcevich In his fight for freedom, and It has always remained a mystery as to where he got 1L I I i I Only to Meet Accident Which Nearly Cost His Life ENGINE CYLINDER BLEW OUT When He Was 4,000 Feet in Air, but Me Made Safe Spiral to the Earth AhAociaU'd Press ltpatch. Imperial Junction, Nov. 8. Unless unforeseen difficulties develop, Calbraith Perry Kodgers, transcontinental aviator, virtually will end his long flight from the Atlantic to the Pacific coast Sunday afternoon when he arrives In Pasadena. Kodgers' hour of departure from this place depends largely upon how soon his mechanicians can adjust the magneto and motor.

It is expected he will resume bis flight on Sunday morning, for the western coast and land at one of the beach cities. This will be the termination of the greatest long-distance flight across country by aeroplane that the world has known, and Kodgers, as the first to fly across the American continent, will win immortality among the pioneer pilots of the air. When Kodgers started at 7:30 this morning from Stoval Siding, with but a trifle over 300 miles between him and the Pacific coast, there wag every -eason to believe that he would make his goal, or at least very near to it, by evening. Fighting for Life. Two hours later he was fighting for his life 4,000 feet in the air over the Salton sea.

Kodgers said It was nothing short of providence that his life was saved today. A cylinder had blow out, and his motor was a complete wreck, but he volplaned four miles and landed in front of the depot here. Ho was flying at the rate of 75 miles an hour, when without an instant's warning, the cylinder exploded, tearing out the crank case, bending the shaft, and ruining the magneto. Several pieces of flying metal passed per ilously near to the aviator's head. Made Spiral Glide.

Kodgers Immediately "warped his machine and with a circlo two miles In diameter, started a spiral to earth. Mis landing was as graceful as it was easy, A few railroad men were the only ones who witnessed the descent and they helped to place the aeroplane on a pile of ties In order to lift it from the ground and make repairs. When the special train following Rodgers arrived, three mechanicians at once began work on the engine. It was necessary virtually to rebuild the motor, and all the material available was the remains of this one, and thevone wrecked at Kyle, Texas, October 20. For a time it seemed as If repairs could be made in time for a start late today, but this plan later was abandoned, and the mechinloians announced If they could repair tho motor in time for a start Sunday, they would do well.

When itodgers reached Imperial Junction he had flown 4.034 miles in 4.703 minutes. In other words, the actual time he has put In from Hheepshead Bay. N. to Imperial Junction, Is three days, six hours and 23 minutes, much faster than the time of fast express trains. AVIATOK EOWLEK ARRIVES IV I1ISBEE.

Antaciatctl Vmot liUputrh. Bisbee, Ariz, Nov. 3. Coast-to-Coast Aviator Robert Fowler, east-bound, arlved in Bisbee at 4:50 this afternoon after making a flight from Benson, 63 miles from hero In one hour and forty-five minutes actual flying time. This trip was without mlshad.

Soxteen miles west of Bisbee, Fow ler lost his bearings for a time and made a landing on a ranch where a gang of cowboys set him right as to direction. He made a good landing on the grounds of the Warren Country club, coming down In a long spiral sweep. For a short time today, Fowler was flying over old Mexico. At Naco he turned his machine south and flew out over Mexico for a mile and a half, and then turned back into tho United States. Conditions tonight are noe propitious for a flight tomorrow.

It Is raining, but Fowler announced that unless the storm worse by morning, he would siart at if o'clock tor Jjeming, N. 177 miles east. He expects to be In Kl Paso by Sunday afternoon. Fowler's greatest altitude today was 6,000 feet, mada over Horrford. RODGERS MAY ELVISH HIS PLIGHT TODAY imturinlri Prru Ifinpatch.

Los Angeles. Nov. Peters, one of the Aviator Kodgers' agents, arrived in Los Angeles tonight from Imperial Junction. Mr. Peters declared that the repairs to the motor on Itodger'g aeroplane were so far advanced that he believed Rodgers would be able to start tomorrow and arrive in Pasadena late In the afternoon.

4, i if, -t, 'V PASO BOII.ERM KER KERIOl SLY M'OI XDS HUEXf) Associated Press Dispatch. St. Louis, Nov. 3. Lawrence Duvall, a boilermaker, returned to St.

Louis today aftr three years' absence In El Paso, and a short time lat-r shot and serl- ously wounded Charles F. Cn- ger and Gus E. Eisner, who he regarded as his best frb-nds, ger was shot while lying sick In bed. Eisner was shot a few minutes later while takimg a drink In a saloon at Duvall'a re- iuest. Duval! had been drink- ing.

i Will ri -r kcoi tt hh iiic tarn Question in Full OTHER IMP ANT Will Leave Sunday Nieht for Cincinnati, Where He Will Vote cn Tuesday AxffOi'iftrYd Prrtt Uiiatch. Hot Springs. Nov. 3. Presl ueni lau win gei a vote at tie cm nous, or mil i us mere nas net 1 1.l will Mill lie UKI nut an opportunity to east a ballot la his home city next Tuesday.

1 ho prcsiueiit sent his registration papers to Cincinnati too late and tho election noanl deemed fie could not vote unless no appealed in person be lore nexi Aiouoav nigni aim swore i an nun uiieiiiieu leaving not spring Mommy nignt. arriving in Cincinnati cany election day, but today ho cliangeil ills plans. Ah a result ho will leave here Sunday night, make me necessary alildavit before tho i icenoii nimrii anil no pre pareu on luesdny to vote. iatt arlved at Hot Springs i al ly today. Tuft ami Miss He cn i art, who arrived here a lew (lavs ego, met nun at (he station and ha nan iircakinst wiiii tlicin for the first time In ten weeks.

vcormng to persons close to the president llleslicllis to nllenlioii to message are second class tering and one oi the Important which he will call the congress in his annual ine uiriii, tne trusts posiunc rail's, siock wa hot capitalization, eon si i it i ioi i i-iii icin iorm ana navy lie lu-uce irtaues will not lie re lerreu to in the message, it was said niiiay. since tiicy arc now beforo the senate. a special message to that ihiiij uione uciicvcu to ie. in pros peel. it was said the president again would uiier to congress lus federal incorporation inn drawn up bv At lorncy vt ickcrsham and of lereii to congress two ears ago.

I ne report ol the commission In s' li's sccotiu ein.s.s posiago rates oi niurii jii.Miri' unguis is ciiainiian uini iini oi me raiiroau securities commission iiaillcy of Yule Is chair riiiin, win ne hi tne president's dis posai wiinin a lew days, ami It Is in ii'-iiin ii ecriain mat no will pass on to congress such recommendations as tnese commissions may make. onservation ol pub i buna aim Aiasgii lopics win probably bo discussed freely in the message. OF c.i RMAVY i. III. 1.1 IMS AFPOIVTEH AHKUtlattll I'ttHH Jtihimhi.

lo-ioii, i. i ne niurninu news paper comments on Ihe government' siaiciiieni concerning trie agreement i iHtwu ciiiihmv a nu ranco over morocco mostly in unfavorable terms. The Post regards the agree oi'-io cup oi cure, sorrow am mimic i or me Bnd adds: n-i ii i ii ii wiiiiotu drawing a sworn allows i iancc to occupy the mm on ui I Mi ll! not oeioilging 10 a great colonial power." I. VI I It OF PARTY IIOl It HEi OKi: SI I) AsHfH'iriha 'rct Jiiniiiitt-h. Long I tench, Nov.

Mrs C.rl rinb, -if Kle. a resilient ol and Well .1 i ft i ni cies of Colorado and the northwest eommllteii suicide at the home of I I II. IJ oisMuin. ai-hh oi nor (leain was suppressed until tonight. Mrs.

cnkle arrived Luna lieach itlng at the home of her brother. All boor before tli colici.l., Aire oiiKie u.ise me center oi a nirry party In lo-r honor 'i, lillMlil AT DI II WILL OF Ills OWN. Associated IT'ss Olspa'eh. Mexico, city, Nov. Francisco I.

Madera today let It he known that he would not permit the public in govern all his acts as itreM-hrt Fearing that he was sur rounding himself with too many tun of the old regime a group of his partisans recently agreed to 10k iiuii to eliminate from his cabinet Krnesbi Mrtdero, minister of fitnince; Manuel Ca- lero, minister of Jusiiee. and I ib rcHni minister of foflielllo. Todav the petition was pre- soiled and promptly refused by the prcsj.li -lit-eleet. i (S PKO IMIIV l. PHEKinKVT HOVOICEP PA I KANCE Associated Press H'spntch.

Mexico City. Nov. 3. In recng. nition of efforts as pro i.

bmal pres'dept of MfXi'-o. re. Fallierot of has no- tlfied Francisco de i Harra that be has been made a member of the legion of honor. $, i. lent support to Mr Williams interpretation of the word "guaranty." Jaek-on H.

Kaiton, of this city, contended that the opponents of the method were wrong in arguing that the word "Kcptibllcsn" wa used la constitution as a synonym for repre sentative. He argued It was used In contradistinction with "monarchial." Justice Holmes soggisted this Inter pretation would be in conformity with the rule of logic. Practicaliy No Resistance, but Few Shots Being Fired GARRISON JOINED THE REBELS Everything Reported Quiet in the City With but Little Evidence of Disorder Attncintrd firm lHintcti. Shanghai. Nov.

3. Except for the foreign concessions, Shanghai tonight is in the hands of the revo- I luti'inists who captured the city late this la'lirnonn. There was practically no only a few shots being fired. All the Chinese soldiers have joined the rebels ami the police and firemen apparently are sympathizing with them, lor they are wearing white liadtcs on their anus. After taking over the arscnul.

the rebels burned the yumcn in native city. Xo Disorder Prevalent. The Associated Press correspondent this afternoon covered the entire outlying section of Shanghai, but did not discover a single Instance of disorder. Kven In the native city, complete order prevailed. Every courtesy Is shown foreigners.

Thu soldiers, police and firemen are continuing on duty. Sluqis ure closed tonight. While the action of the rebels was expected movement was mado quickly. Attorn slight disturbance in the northern section of the city, notices were posted throughout the native city announcing that "the military government of China" had taken over Shanghai. warned the populace against disorders.

Called on to The arsenal, where recently there had been the greatest activity preparatory to assisting tho up-river forts In providing ammunition tor Admiral Sail, was called on to surrender bv the revolutlonuries. Ths chief officials quietly disappeared but a Tew oilier otruials continued to hold It, without however, any show of force. A lew Khots wero fired, but the revolutionists warned the officials remaining that they intended to tuke the arsenal even If they had to fight for it. None of them seemed willing In test thu strength of the rebels in combat and quietly ttvacu-atod. It Is understood that onn renson for the revolutionists taking Shang hai today was that two Norwegian vessels had been loaded at tho arsenal during the hist two days witn ammunition for Admiral Sah.

These vessels succeeded ill getting away. Attempt lViistrntcd. Soon after demands fur tho surrender of Hie arsenal, came an attempt to cut the wires of tho Nan king-Shanghai railway, which was frustrated personally by W. W. Pope, general manager for Ilie company.

Mr. Pope found an armed Insurgent Inside the station snd disarmed him. Then he telephoned the Hrltlsh con sul mat me railway properly was i threatened and the British volunteers of Shanghai were called out and mounted guard over the station ami outlying properties. This action has caused much comment because this section of the railroad Is entirely outside the concessions. Breach of Nculrallty.

The apparent breach of neutrality Is defended because the Hrltlsh bondholders claim a prior npht In the railway properly. The Insurgents say they were prepared to maiiilain order and while they intended to seize the railway they did not plan to destroy it. Therefore they regard the British consul's action In calling out British volunteers as (he first breach of neutrality and lis effect may bo far-reaching. Throughout the night seventy armed I irit fullers stood guard over the railway property, while on tho other side of the road an eiiual numher or uniformed Chinese police were drawn up on behalf of the Chinese rebel government to maintain order. It Is said the Hrlilvh guard In only temporary ami that the volunteers will be withdrawn.

Desultory Ilrlng. During the night was desultory firing In the city and two or three persons were killed. It Is estimated that more than 000 volunteers were Inclnded In the government forces that went over to the rebels when they took the clly. The rebels will ship machine, guns and ammunition from hero to Hankow. GRA.VT ANY DEMANDS SI PPOIM I BY ARMS I Asntrirltrrl Prrun Uupatch.

Peking, China, Nov. 3. The action of Prince Chlng, the regent of the Chinese empire, in aceejitlrig today cn behalf of the throne the draft of basts of a new constitution for China is considered to show his 4lllngnesa to grant any demand of the pt-opie, which is supported by arms. An edict Issued today by the ihror, t. accepts a preliminary constitution (jrfl up at a slngl- sitting of an as- semldy bi'h refused to permit half Its membership- those, appointed by the throne to participate in.

"The country has jfone mad," said a prominent diplomat to the Associat-I -d Press today, "arid only a strong dictator will nave tt. Well wishers of China hope to see a man In office who can dictate, namely, Chang Khao 1 hong." Two days ago a train brought to Peking an officer named as the emissary of (jenersl Chang Hhao Thong, who commands 1000 m'-dern troops at Ianrhou. Lu wan accompanied by an escort of 200 cavalrymen. The government at first considered opposing by 1' T'tt the memorial conveed by Lu. which peremptorily stated that twelve demands should be granted.

One of these demands provided that the army could 11 i i to of Mi not permitted to consult with his said counsel except In the presence of an officer of the law; that he was not able to advise his said counsel as to any that he might need, or to as certain what facts, should be. Introduced In hlr behalf; that on said 28th day of July, said cause proceeded to trial, and was submitted to the Jury at or about 12 o'clock on the 29th day of July, 1911; that said Jury rendered the verdict sometime between two o'clock and three o'clock p. m. of said that while counsel for the defendant was consulting among themselves as to what was best and proper to state in a motion for a new trial on said cause, a mob of the citizens of said county, to the number of one hundred or one hundred and fifty, surrounded said counsel and then and there informed him that there should be no appeal in this case, and if the counsel attempted to or Intended to appeal that they had the necessary rope and the Cottonwood limbs in front of the court house was a very convenient place, and if they were not assured then and there that there would be no appeal they would also proceed to the jail and take 'the defendant out and then and there hang him, and that the defendant should not leave said Jail by order of the court or otherwise, unless they were then and there assured that there should be no appeal from the verdict and judgment of the court then and there rendered; that the truth of the above and foregoing facta can be established by of Pecos, Texas, who was then and there with tho undersigned. and can be established by if he will tell the truth, but, on tho other hand, he has drank "wild cat" whiskey and voted (Continued Page Two) Yesterday Dragged Through Insignificant Details NO TALESMAN WAS SELECTED Another Venire of Forty Men Ordered for Today, Among Whom i Son-in-Law of General Harrison Gray Otis AiMociiili it Press Vinpahh.

Los Angeles, Nov. 3. Through a variety of Insignificant details, the McNamara trial wearily yawned its way today and adjourned until Monday with the quo unchanged 11 talesmen passed for cause and one still needed before peremptory challenge can be exercised by either side. James B. McNamara.

on trial on indictments for fatalities resulting from the explosion of the Los Angeles Times year ago, appeared indifferent. Practically the entire day's session was occupied with determining tho eligibility of Talesman II. V. Blenkiron, nnd the state wove a tangle about him as to whether he owned at the present time property listed on the last assessment roll and whether disposal of It had disqualified him. In the afternoon session the court was so weary with the ramifications of the property question that the stato turned abruptly to the question of belief in circumstantial evidence and caught Blenkiron in a maze of varying answers which gave the court ground to allow a challenge against him.

It was while the argument of the state on the property qualification was being made by Attorney G. Hay Morton, who read from voluminous decisions, that Juduge Bordwell yawned and occasionally closed his eyes, finnlly suggesting that the talesmen in the box be given a little airing while the 'argument was going on. It was a hot murky day and the sun beat through the brown shades of the chamber into the half empty room. Blenkiron was excused on challenge by the state Immediately after It had been pointed out that he did not know his own mind on whether he would rrtivict If the evidence to the case were wholly circumstantial. After Blenkiron was disposed of H.

Andrews, thp last venireman, occupied the twelfth seat In the Jury box. He quickly was challenged by the defense for actual bias on the ground that he believed the defendant guilty and that the Times building was dynamited by labor unions or strikers. lie was under cross-examination by District Attorney Fredericks at adjourunment time, the state attempting to show that Andrews had formed his opinions "on public rumor, public Journals snd common no-torty," the phraseology of the penal code which does not disqualify talesman who have formed opinions, provided the latter were producted by any of these three agencies. With Andrews to be examined further and the venires of 205 thug far called exhausted. Judge Bordwell ordered another venire of 40 today and will hear preliminary excuses tomorrow.

Harry Chandler, son-in-law of Oen-eril Harrison Gray Otis, proprietor of the Log Angeles Times and himself the vice president of the company that publishes the Times, appears on the latest venire. Whether he will be excused In preliminary examination tomorrow for business reasons or any other ef the excuses which usually have been offered In the examinati or be subjected to examination by counsel and disqualified because be was affected personally t)y the disaster, was a theme" for com- i tent tonight, know ahum me case, win prevent any delays that might be brought about by any false statements or allegations Ythat might be made. That the public may understand something of the nature of the campaign that has been waged by the counsel for defense, a letter is herewith given, signed by the attorney who has all along been most prominent in Martinez' support Following this letter are given the deposition" of the two rangers that were here dur-injr the trial, that of Judge Isaat ks, who presided at the trial, and that of Mr. Brady. It will be easy to see the rearing of each.

Following is a ter to Governor Colquitt, Indited by Attorney Eftes: Austin, Texas. To the Hn B. Colquitt, Governor of the State of Texas. Ijear Sir: I have the honor to atate to you that I am an attorney at law, residing In El Paso, Texas; and that I wan employed by certain Mexican societies and private citizens in said EI Pa) to defend one Leon C. Martinez, for the crime of murder In the county of Reeves, in the state of Texas; that I was employed sometime about three.