The Austin Statesman. (Austin, Tex.), Vol. 44, No. 192, Ed. 1 Sunday, May 23, 1915 Page: 1 of 24
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—
ESTABLISHED 1871— VOL. 44, NO. 192.
WASHINGTON IS BARNES IS WHAT
Suit, Yesterday.
K
REQUEST EXPLANATION FORTY BALLOTS TAKEN
WAS UNWARRANTED ACT
8
la
‘,8
gis-
eg-
Emperor William IL
mt
immediately
Old
counsel said the case would be ap-
si
NO INTIMATION
It Will Suggest Various If It Is Unsatisfactory
)
SWISS WILL MAKE PROTEST
39
NEW YORK, May The United
WASHITNGTON, May 11
(Continued on Page Two.)
banen.
M
EWE
Steps Toward
Compromise.
the
rge
United States Government Fears
London Foreign Office Misun-
derstands Desire to Facilitate
Business by Unofficial Acts.
Justice Andrews ascended the bench
and opened court.
ills
ust
nt,
nce
or’s
ids.
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h.
LONDON, May 23--(4105 a. m.)~
One hundred and sixty-four soldiers,
apart from Civilians, were killed in
the disastrous railroad wreck at Car-
lisle yesterday morning, according t
a press dispatch from that city.
Snt.
pe,
in
id-
aai
in
la
be
bid
U-
MINISTER FOR FOREIGN AFFAIRS
PRESENTS DOCUMENT TO
ITALIAN AMBASSADOR.
MOVING AGAINST
BRITISH ORDER
1
8
Ve
pc
m-
pse
ns-
ast
eg
re-
•les
m-
art
the
blo
is
ers.
ber
or
TEDDY CALLED
HIM SAYS JURY
With Ambassadors Still at Their Posts
Thousands of People Pour Across
room,
with
EVERYBODY REQUESTED TO
SING THE STAR SPANGLED
BANNER FOURTH OF JULY
THREE TRAINS COLLIDE;
16^ BRITISH SOLDIERS
KILLED AT CARLISLE, ENG.
Colonel Enthusiastic in His Praise
of Jury and Thanks for Vin-
dication of His Attacks on
Boss.
Hatters vot, to Help Thos Who Suffer
from Execution.
GERMAN REPLY
IS FORECAST
Situation Becomes
Serious.
Dangora of Wor Zeno Boom Not Yot
to Be Impressed.
PHILADELPHIA, Pa., May 22.—“The Star Spangled Banner’’
will be sung all over the United States at noon on the Fourth of
July, according to plans of the committee which is arranging for a
national celebration of Independence Day in this city. Governors of
all the States and mayors of cities throughout \he country have been
requested to issue proclamations asking the people to join in the
planning of this feature. The executives of many States, Governor
oGethals of the Panama Canal Zone and Governor Stone of Alaska
have already written to the committee approving the suggestion.
. The French claim to have made headway at La Bassee, but tho
Germans declare all attacks have been repulsed or the fighting con-
tinues. Apparently the allies are engaged in straightening out their
fronts to conform with the positions won in recent engagement*—a -
task to which the Germans are offering stubborn resistance with their
numerous and cleverly placed machine guns.
GERMAN REPLY TO U. S.
AWAITS HIS APPROVAL
Austria Was Willing to Give Suitable
Guarantee That Concession Would
Be Permanent.
Train Service to Border Will Be R®*
turned Soon.
being received, as the jury
. ii . " ie rt,
a
statement Mys:
"It remains absolutely true that az
a matter of law, the cherge complained
each member and said:
"In my whole life I shall work in
the interest of the public and none
of you gentlemen shall ever have the
chance to say that I have done other-
wise.”
The Colonel then,was photographed
with the jury.
After the picture had been taken i
ers Suspend Talks
With British.
on May 7 of the Cunard Uno steamer
Lu.ltanla by a German submarine, as
a result of which tores Swiss oltizons
BERLIN, May 11—(Via London.)-
The Italian crisis absorbes the atten-
tion of both public and official circles
here. Little is heard of the Lusitania
case and It is stated that Germany's
reply to the American note can not be
expected before next Tuesday or Wed-
nesday.
It would hot now be no surprise if
the German reply. in addition to a
defense of the German position re-
garding submarine warfare and par-
8
“J J
A
Mention in the German official report of a cavalry engagement ‘
east of Windau indicates that the Germans have landed another
raiding force on the coast of Courland to take the place of one tho
Russians drove back just when it was reaching the environs of Mtnu, . >
All through this northern region and as far south as the Eastern
Prussian frontier, fighting continues between widely separated
forces, which ebbs and flows as one side or the other brings rein-
forcements into the field.
AUSTRIAN NOTE IS
GENRE BUT PLAIN:
CHARGES TREACHERY
Their Note Will Follow That of the
United States.
filed out into the jury room. Colonel
ferred to it as ft
United States and this as V -
other features of the plan whereby
American owned goods were to De
shipped through neutral ports from
Germany to the United States, caused
the state department to believe any
ncqulescence would be construed as a
- legal recognition of the British order
THE AUST
lost their lives. ,
The government is awaiting knowl-
edge of the German reply to Wash-
) 7 i rigton note on this subject a® bet-
l ter to be able to choose a Wise court®
Replying to the Itallan objection that
the conceaslona offered were only to
be realizea at an Indetinite time:
namely, at the end of the war, Baron
Durian says Austria-Hlungary was
ready to offer all necssary guarnn-
teea for the purpone of preparing for
thia tranafer and Insure it. ■ even be-
ing carried out at no distant date.
In conclusion, the note says:
“Th® Royal Italian government, in
an arbitrary manner, has disburdened
itself of all its obligations, and the
Austrla-Hungarian government de-
clines responsibility for all the conse-
quences that may arise from this pro-
cedure.” ______ -
STEAMER TRAFFIC IS HEAVY
Wolff, one of Mr Barnes’ attorneys,
entered an objection to the verdict
TA
arisen in the informal and unofficial
conferences between Sir Richard
Crawford, the commercial adviser of
the British embassy, and Robert F.
Rose, and W. B. Fleming, the trade
adviser of the department of state,
who have been in personal capacity
representing the importers of the
United States, Mr. Rose and Mr.
Fleming have decided that they can
not continue these conferences until
certain of the difficulties have been
removed, and they have therefore
made a full report of what has taken
place to the department of state and
will await its action.”
While officials of the department
were reticent, these differences are
understood to relate to correspond-
ence between British officials and the
advisers offering a plan for the treat"
ment of the American owned goods.
Originally the time limit for the ship-
ment out of Germany of American
goods ordered before March 1, was
set for June 1; but the British 80V-
ernment announced several days ago
that this period had been extended
LAREDO, Tex., May 11.—-Monterey
was occupied by a force of. 1000 Car-
ranxa troops under General Jose an-
tos early today, the city having been
evacuated recently by Villa forces.
Telephone and telegraph oommunica-
tion iminediately was established with
Nuevo lared, opposite here, and upon
receipt of the official report. General
Foreign Trade Advis- Verdict For Defendant
In the Barnes Libel
LONDON, May 22—Only the formal declaration of war is now
necessary to complete the breach between Italy find her former allies
of the triple allianee and thia is expected at any moment. The am-
bassadors are still at their posts, but news comes that the Italian
consul at Munich has been ordered to return to Rome and through-
out three countries the respective nationals are packing up their be-
Roosevelt hurried to the jury
thanked the Jury, shook hands
lllcaut sent 500 men from; Nuevo La-
redo under General Ildefonso Vasques
to reinforce the Monterey garrison.
Troops at Villaldama and Lampaaos
will join, swelling the number to 2000.
General RIcaut, announced a train
service with Monterey would be re-om-
tabiished within a week.
'NEW YORK. May t».—More than
2500 passengers were booked for pas-
sage to Europe today on five steam:
ships leaving here. The vessels include
the Ht. Paul of the African line, oar-
rying 760 passengers among whom
were more than 100 American®.
Crowds of enthusastfc Itallans gath-
erod at the pier of th® Itallon. line
steamship Stempalia, upon which 100
passengere, many of them reseryi8t5
were leaving for Italy.
The new Russian-American line
steamer, mriua carried 650 paneen-
gers and 6000 tons of cargo for Arch-
angel, Russia. ....
About 260 passengere were booked for
the French Une xtenmship Niagera
which also carried, mall and cargo for
SYRACUSE, nA, May 22—Twelve
men chosen as a jury to determine
whether Theodore Roosevelt libelled
William Barnes when he charged that
he worked through a "corrupt 'alliance
between crooked business and crooked
politics” and that he was "corruptly
allied with Charles F. Murphy of
Tammany hall” today'returned a ver-
dict in favor of the former president
In the belief of the jury everything
Colonel Roosevelt said about the for-
mer chairman of the Republican State
committee was true and therefore Mr.
Barnes was not libelled.
Th© verdict was returned after forty
ballots had been taken and the jury
had considered for forty-two hours
the evidence which was presented
during the five weeks of the trial.
Nineteen hours were consumed before
eleven of the jurymen who since the
second ballot had stood together, per-
suaded Juror No. 11, Edward Burns,
a Syracuse motorman and a Repub-
lican, to join with them in returning a
verdict which Colonel Roosevelt later
declared to be “typically American.”
Mr. Barnes was not in court, neither
was his chief counsel, William. M.
Ivins, when the verdict was returned.
then shared this view.
Nevertheless, Baron Burian contin-
ues, Austria-Hungary always has been
ready to begin conversations on the
subject and when Italy made her de,
mands, Austria-Hungary accepted
even this as a basis for negotiations,
although holding article VIII of the
treaty never referred to the territory
of the treaty-bound parties, but the
BalkAn Peninsula. When it was Im-
OF GERMAN REPLY RutPla.tungcary, wiennananderomna
sire to reach an understanding, made
sacrifices which were justified by a
desire to uphold the alllance existing
for common advantage of both coun-
ALLIES ARE GAINING GROUND N GREAT
CAMPAIGN FOR THE DARDANELIES
Reports circulated In the United
States recently that Germany had pro-
iporarlly, posed arbitration ar® authoritatively
guilty of denied here.
Regarding the case of the steamer
Guifiight, which is Included In Presi-
dent Wilson's representations on the
alleged submarine illegalities, the ad-
miralty has reason to believe, it is
stated, that this ship was not dam-
aged by a submarine, but from some
other cause. Non® of the submarine
commanders has reported th® damag-
ing of the Gulflight and so much tim®
has elapsed that all underwater boat®
might possibly have torpedoed
had only
That ob- l
—— . fl
’■ ' • r ■ '
German Cavalry Launches Daring Raid Into
Russia — Fighting in West Is Bitter and
Costly With Little Ground Won or Lost
and Both Sides Claiming Victory.
of was libellous and that there la no .—
evidence in the case of any kind of which
———-------— ■■ —............ - the vessel have now returned to new
WASHINGTON, May 22—Th® de-
termination of the United States gov-
ernment not to recognise or be bound
by the provisions of the British order
in council, which declared r.n embargo
on all commercial Intercourse direct-
ly with Germany as well as inward or
outbound through neutral countries
was manifested in several ways to-
day.
The foreign trade advisers of the
State Department announced they had
decided to suspend all conferences
with the British embassy officials
here to assist American cotton ex-
porters in obtaining payment for car-
goes held up and to secure for Amer-
ican importers, American owned goods
now in Germany, contracted for before
the order went into effect. Secretary
Bryan said this step had been taken
to secure a better understanding with
the British government as to the ca-
pacity in which the foreign trade ad-
visers were acting.
. Ambassador Page at London was in-
structed also, to inquire of the British
foreign office the meaning of the
statement in their memorandum is-
oim . L
-tge
. ■ A
je
e
,3
CARRANZA HOLDS MONTEREY
WASHINGTON, May 22,—Such ad-
vices as have been received from Am-
bassador Gerard within th® last few
days, it became known tonight; have
given no intimation as to the charac-
ter of the German reply to the recent
American note beyond the generality
that it will be friendly in tone.
I The German answer is now expected
I to reach Washington late next week.
I After the German note is received. It
I is practically certain that representa-
tons on the general subject of the com-
mercial embargo imposed by the allies
on intercourse with Germany will be
made to Great Britain. There is no
tendency among official® hero to un-
derestimate the seriousness of the sit-
ticularly of its case for the sinking of
the Lusitania with the alleged ship-
ment of ammunition, should contain
certain proposals, which might serve
ns a basis for further negotiations be-
CARLISLE, England, May 22-
Three trains, one carrying troops, col-
lided on the Caledonian railroad at
Gretna near here.
Fire which broke out in the wreck-
age, added to the horror of the catas-
trophe. The flames, however, were
extinguished quickly and tho firemen
joined in the task of rescuing the
dead and injured.
Many of the injured are expected
to die. Most of the dead were sol-
diers. The troop train collided first
with a local from Carlisle and before
the occupants were able to get clear
of the wreckage of this accident, an
express from Lohdon to Glasgow
crashed into them.
Fire broke out and spread with
It is generally reported that the German reply to the American note, with
regard to the sinking of th® Lusitania, has already been prepared by the Berlin
foreign office and that it awaits only the signature and approval of Emperor
William, who has recently been reported on the firing line in the East during
the German victory over the Russians.
attorney, John M. Bowers, had pre-
pared a statement he had approved.
It follows:
”The victory that Mr. Roosevelt has
won is a victory for good government
The issue put to the jury was whether
machine government or government
by the peopl should prevail. The
latter has prevailed. The article in
the suit was held by the court to be
libellous in two aspects.
“First: Because it charged a cor-
rupt political alliance between Wil-
stood to have re- liam Barnes, the Republican leader of
concession to the the State and Charles F. Murphy, the
well as Democratic leader of the State, in re-
hnth lation to the State government. (This
the judge held was the meaning and
purport of the article taken as a
whole). ... ,
“Second, because the article charged
that the plaintiff had worked through
a corrupt alliance between crooked
business and crooked politics. The
jurors were further Instructed that
they must render a yerdict in favor
the plalntlf unless they found that
great rapidity through the wreckage.
It was soon burning so fiercely that
the men engaged in the work of res-
cue were driven back. Thor® was
nothing to o; but wait for the com-
ing of the fire brigades. These were
brought up at all possible speed. Once
on the scene they labored with fran-
tlo energy to control the flames. In
the end they were successful, but be-
fore th® fire was extingulshd many
of the travelers pinned under the
wreckage were burned alive before the
eyes of the helpless onlookers.
I Home of the victims were so man- _ ------
I gled that their rescue from the wreck- Manzanillo mi
age was impossible. Several who were the Navy Dep
BECRETARIESELEoT
MONTGOMERY, Alft., May 22.—The
annual convention of the Southern
Commercial Secrearles Association
adjourned here today after selecting
Shreveport, La., as the next meetins
place. A. V. Snell, Charleston, B. C.
was elected president, and F. W. An-
drews, secretary-treasurer.
WILL NOT PAY JUDGMENT
STEP REMAINING BEFORE
ITALY ENTERS GREAT WAR
loagings in antieipation of a final and official rupture.
Should a rupture come it is not expected that it would have any
immediate effeet on the battles now in progress, but it would be
likely. to influence the action of the Balkan States, which have been
awaiting Italy’s decision.
Rumania, it is reported tonight, has received assurances from
Bulgaria that if Rumania decides to join the allies and go to the
assistance of Russia, by an invasion of Transylvania, Bulgaria will
not attack her and that, in fact Bulgaria herself is considering tho
possibility of taking similar action, although her attack would be
directed against Turkey.
Greece also is interested in the development and her forces, if sho
should decide to join the allies would be directed toward the barda- ,
nelles and Asia Minor. In these latter theaters of operations the
aides continue their activities and the official report issued today
records further progress and confirms the dispatch sent by General
Sir Ian Hamilton that in an attack on the Nuzeal and Pons, the
Turks suffered a loss of 7000 men, of whom 2000 were killed.
This report does not mention the operations against Smyrna, but
from Turkish and other sources, it is learned that the allies aru
almost as active there as they are on the Gallipoli Peninsula.
There is little or no change in the situation on either the eastern
or western fronts in Europe. The Austrians and Germans claim
no further progress in their offensive in middle Galicia and the
British authorities draw the decision that the battering ram which
drove the Russians eastward across the San River has been brought
to a standstill against the bulwark of the Russians. Stubborn fight-
ing still is in progress and it may be many days before either side
can claim a definite result.
tween Germany and the United States.
America’s compromise proposal made
in a previous communication for a
concession of submarine and mine
warfare in return for an abandonment
by Great Britain of her starving
policy, will almost certalnly be re-
ferrd to.
It will be pointed out that Ger-
many’s acceptance in principle of th®
suggestion is still Id force.
It is not at all Improbable that Ger-
many also will advance an alternative
suggestion that the United States per-
mit its nationals to travel on ships
belonging to bellgerents only if these
vessels are certified by the- United
States aa having no munitions of war
aboard, and that such certified ships
would not be subject to torpedoing
without notice.
extricated died soon after.
Doctors performed heroic service®
in their efforts to help those pinned
in the tangled masses of wood and
iron. Dr. Edwards, facing the flames,
amputated both legs of one soldier
and one log of another, as the method
offered tho only hope of their escape.
One of the soldiers died from th®
shock.
VIENNA, May 82,—(Via Loondon,
6:45 p. m.)— Baron Stephen Burian
von Rajecz, the Austro-Hungarian
minister for foreign affairs, today
handed to the Italian ambassador a
note expressing. "painful surprise at
the decision of Italy 'to put an end’ in
such an abrupt manner to the treaty
which was based on the community of
our most important political interest,
which has guaranteed security and
peace to out* States for so many years
and which has rendered Italy note-
worthy service."
Tho note says the astonishment of
Austria-Hungary is more than justi-
fied as the Italian government repeat-
edly announced ite wish to maintain
and even to strengthen the bonds of
alliance between the two countrles.
Baron Burian repeated that the ob-
ject of the ultimatum to Serbia was
simply to protect tho monarchy against
the revolutionary machinations of Ser-
bia and that this aim could In no way
affect the interests of Itay.
When the conflict assumed an Eu-
ropean character. Italy proclaimed her
neutrality without throwing out the
slightest slgn that this war, which
was provoked by Russia and prepared
for long beforehand, could bo of a na-
ture-to deprive the triple alliance of
its “raison d’etre” and ‘'made no com-
munication which could justfy the be-
lief that it regarded the proceedings
of Austria-Hungary as 'a flagrant vio-
lation, both in letter and in spirit, of
the alliance.*”
The cabinets of Vienna and Berlin,
even though deploring Italy's resolu-
tion to remain noutml, a resolution
which "in our view was hardly com-
patible with th© spirit of the~treaty,
nevertheless, loyally admitted the view
of the Italian government.”
Under article VIII of the treaty, Italy
presonted claims for compensations in
the event Austria-Hungary obtaining
advantages from the war territorial or
otherwise in the Balkan Peninsula
Austria-Hungary accepted this
standpoint but declared ns tho event-
ful advantages, according to Austria,
Hungary remained unknown it would
bo difficult to fix compensations.
Baron Burian contended that Italy
until June 15.
In granting this concession, British
officials are understood to have re-
. pamengera, mon ol whom were Scan-
A ainaxt"mmgranta, who were tohava
""pBblamtsusn*hasnkbifdeponaica
at this time would subject them to the
dangers of war. t
Will not participate in any conterences , isfaction by a fair preponderance of
on behalf of American exporters or । evidence that both charge, were true.
Importers. Individually American Th), burden was borne successfully by
merchanta, of course can contin!a
their negotiations with the British
government through the British em-
bassy here or at ^London.
the wet coest of Mexico. Is surround-
ed by Villa forces and both Actions in
the fighting threaten to use dynamite
bombs. The cruiser Yorktown 29
' nade this report today te
‘partment
pealed.
Th© jury was thanked by Justice
Andrews for its services and it then
Borders of Austria and Italy to Get
Home Before First Battle Is Fought,
iiii lrro. 19
I
Theodore Roosevelt.
“It is Impossible to determine at th8
time the far reaching extent of this
verdict for good government. It cer-
tainly assures us that the Anglo-Sax-
on system of determining questions
between litigants is lodged rightly in
the hands of a jury of twelve men.
Moreover, it determines that jurors
holding political views opposed to
those held by a party will not be
swayed there in determining ques-
BERNE, Switzerland, May 21—(Via tions submitted to them/'
Paris)-The Swiss federal authorities' a statement issued at the same
have decided to make suitable repre- j time by Mr. Barnes saldiin part:
dentation to Germany on the sinking •The jury declared I had no cause
- . .. ------Bi-- etanme- or action against Mr. Roosevelt, who
charged me with acts which I did not
commit, and therefore, temrere-l"
the public may believe X was guilty —
what I did not do.” . .0
Mr. Ivins asserted that counsel for
Mr. Barnes were satisfied from the be-
ginning that -the attitude of the court
toward libel was not in conformity
with precedent.” and that there were
ample grounds for an appeal His
uation which may result in the event
of an unfavorable reply from Berlin to
the American representations. On one
point it is known the Washington Gov-
ernment will insist-complete disa-
vowal of any intention to destroy
American lives and full-reparation for
Injuries sustained. If the German re-
ply should cover this point satisfacto-
rily, it is felt that arrangements for
the future safeguardin or American
citizens can then be approached
through further diplomatic correspond-
ence. __________-
than it is possible for me to express.
None of you, I assure you, ever will
have cause to regret your action. I
am especially gratified that such a
verdict came from a jury composed of
men of every, political faith.”
Before leaving the crowd which ac-
companied him from the building, the
Colonel said to the jurors who had
not yet left:
"Gentlemen, this certainly-is a.2yPl-
cal American verdict. I want to chenk
you again.” ' ,
Juror Burns was cheered as he left
the building}.
Colonel Roosevelt later said his
AUSTIN, TEXAS, SUN DAY MORNING, MAY 23,1915-26 PAGES. ■ ' SECOND OLDEST PAPER IN TEX
FORMAL DECLARATION ONLY
FIOHT AT COLIMA.
“H" 4
)54 \
An
Mattern ot North America. In conven-
tion here, voted today not to raise a
fund to batisfy the $285,000 judgment
affirmed by the United flute, r
preme Court bt Iewg A Company,___
manufacturer, of Banbury, Conn.,
against member, of the Hatterr Union.
Th. Hatter, voted, however, to raige
a fund for the relief of the individual,
whone home, and bank nocounte have
been attached to ttl8 Judgment.
REFUSES WAR ORDER.
BATTLE kEK, Mich., May 22—
C. K. Kolb, president of a local manu-
facturnig concern, haa refused an er-
der from an European government for
shrapnel .hell. Which would have
amounted to about 93000 a day for
an Indefinite period.
thereafter Henry
AN
fi ,
ko
r
i' -jr
----------------- ---------- The Colonel was there, however, with
sued Thursday, that the terms of an I his staff of counsel some time before !
arrangement between American cot-
ton representatives and the British
government were acountable to the
United States government.
Sir Cecil Spring-Rice, the British
ambassador, here, called on Mr. Bryan
during the day to explain that he also , been polled in open court ------ _
had understood that the United States | jection was overruled. Mr. Barnes’
government was not to be considered -• 1" hi 13 hi --
as having recognized the British or-
der in council.
Some error is understood to have
been made in London on the subject.
The decision of the trade advisers,
however, was reported, before • the
British foreign offices memorandum
was issued and was based on differ-
ences of a practical character as to
the shipment of American owned
goods from Germany through neutral
countries, some of which had been i
contracted for and some of which had i
even been paid for before the order in
Council was issued. The text of the , ,-------- —— ----- .
trade advisers statement follows ’ the Colonel turned to the jury and
' “In view of differences which have continued: -
• : • • --3 "ne""n ..j am more moved by this verdict
e F
9 “
L ‛%n 1
, .' of procedure, .. ...
L The BwU. think well of Presldent
« wilson’s note, but to moet newepa-
pers it appear, to be hardly .trong
enough. ... .
The argument la being made here by
Swiss bservers that the Swias repre-
mentauives will have great weight be-
t cause behind them there will be the
Bwisa army, 500,000 atrong.
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Lochridge, Lloyd P. The Austin Statesman. (Austin, Tex.), Vol. 44, No. 192, Ed. 1 Sunday, May 23, 1915, newspaper, May 23, 1915; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1444069/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .