San Antonio Express. (San Antonio, Tex.), Vol. 51, No. 335, Ed. 1 Thursday, November 30, 1916 Page: 3 of 14
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SAN ANTONIO EXPRESS; THlJRSDAV MOKNING, NOVEMBER 30, 1916.
9
CHILDREN MAKING PIES FOR THE SOLDIERS
REVERSING CASE
JUSTICE DAVIDSON ARRAIGNS
CONDITIONS THAT MARKED
ilR-ST TRIAL OF FAULKNER
TIip F.ipress Austin Bureaa.
AI "ST IN'. lev. Nov. '.'9. Mob spirit whs
harshly denounced by Associate Judge \V.
L Davidson, of the Court of Criminal Ap-
peals, in an opinion today reversing and
remanding the case of Ed Faulkner, from
Smith County, convicted of a statutory of-
fense and given a life term in the peni-
tentiary. Tlie State's theory was that
Faulkner committed the offense upon a
girl under fifteen years of age. The iden-
tification aud alibi were serious questions.
In the opinion of Judge Davidson, Faulk-
ner was not given a fair and just trial |
as is guaranteed under the Constitution.
The alleged offense is said to have been
committed January 24, 1016, and the de-
fendant was arrested on the following
day. The Sheriff immediately after the
arrest carried Faulkner in an automobile
to Lindale and there caught a truiu and
curried defendant to Dallas for protection
and safekeeping. Faulkner was indicted
February 10 and his trial began February
L'\ the 'first day on which the criminal
docket of the Smith County District Court
was taken up at Tyler. The defendant
was then brought from Dallas to Tyler
for trial.
"That a condition of public sentiment
in favor of summary punishment for
crimes of the kind charged against the
> defendant without legal trial existed lu
that community to a very marked degree,
three negroes having been summarily exe-
cuted on the Courthouse Square iu the
City of Tyler, two by burning at the !
stake and one by hanging, within the
last twelve or fourteen years," said Judge
Davidson in his opinion. "It was also
true that one white man about fourteen
years ago charged with a felony was kilfbd
iu the jail by a 'vigilance committee.' "
The defendant alleges that he believes
that if his trial had been conducted with
out effort on the part of the relatives of
the prosecutrix and the attorneys of the
State to arouse prejudice and public sen
timent against him and his witnesses, he
could have obtained a fair trial and un
, der the overwhelming testimony in his
i favor would have been acquitted, "but
because of the following incidents as well
as the manner of the examination of wit
ileuses and numerous other incidents which
are not related the minds of the Jury and
the public were so inflamed against him
and his witnesses that he could not and
did not have a fair and importial trial."
The trial attracted a large crowd and
the courtroom was crowded with spec-
tators. While the prosecutrix was test!
lying and had pointed to the defendant
as the man who had assaulted her, her
brother arose with the exclamation "Lynch
him," and came rapidly toward the bar,
wherein the defendant was seated. One
••if the Deputy Sheriffs caught him before ,
• ^Jie got to the defendant. The brother l
was then taken from the courtroom. "The 1
Judge arose from his seat and stepped
near the edge of the judge's stand, but
said nothing and the brother of the prose
cutrlx was not fined or otherwise repri-
manded for nis conduct." The defendant
was hurriedly taken into an anteroom
until quiet and order could be restored.
For a brief time pandemonium reigned,
people rushed pell mell out of the court
room and the situation was tense and
♦alarming. All of this occurred in the
presence and hearing of the jury and
judge, "and was well calculated to and
did excite the jury and cause them to
think that public sentiment was intensely
against defendant and that mob violence
was imminent and threatening."
it occurs to the writer," says the
opinion, "that to affirm the judgment on
a record of this character would be sanc-
tioning the mob spirit in the courtroom
and depriving a man of a fair and Just
trial and without due process of law. A
party may be guilty of a violation of the
law as charged, yet these matters do not
constitute a criterion of a fair trial lu
Texas. The facts must not only be suf-
ficient, but the whole trial must be free
! from those contaminating influences that
warp the jury 'from the living truth,'
and which carries them away from the
fair and just trial the Constitution guar
antees. It must be a trial by an impar
tiai jury under the laws of the country
and not by a jury over awed or intlmi
dated by a mob spirit so manifest.
"If there was not some reason why the
Sheriff spirited a man away to Dallas to
await an indictment by ttie grand Jury,
it seems to have been on his part a work
of supererogation; but this record shows,
if the statements are to be credited, that
he was spirited away In order to avoid
anticipated mob violence. As soon as the
trial was had he was again spirited away
before the people of the community ascer-
■
m
THE BEST BUY IN SAN ANTONIO
f' Washer's Special" $20 Suit
You'll get service here to
the very last minute of
closing time.
Mi
.(..IMIITY®} AMUAKi •
WASHER BR01 CO.
Our Store
Will Remain
Open Today
Until
One O'Clock
'The Seventh firade nuplis of the Beacon Mill Si hnol contributed ninnv pie*, which they claim arc almost is good mother
makes, to the soldiers' Thanksgiving dinner. To the ^eft, seated is Mrs .i. K. Coyle, president of the Mothers Club, instructing
the little girls how to make "mother" pies.
FIFTY PIFS HOT FROM RESTAURANT OVEN
i . ■
r
fi;:
»■ - ••• :Y *m.
mm,
*• ->.V vj.
r
IMes for Soldiers Baked
by Many Different Cooks
Continued from Oot.
fnsely with a "drop stitch work" of
American flags and sprigs of autumn
leaves. The sixth grade pupils of the Na
varro School, Mexicans; the sixth grade
of the W. T. Harris School, and the sev-
enth grade of the Deacon Kill School all
gave pies baked in the home economics
classes.
The Douglass High and the Bracken
lidge School, both for negroes, presented
|iany deliclously baked aud daintily
Browned pies, and the high school's gift
being forty.
"All sorts aud conditions of persons
came to the Main Avenue High School
with their offerings," said Miss Kinma
l'irie. Miss Mirie Is at the head of the
home economics department of the city
schools. "Some housewives who have had
their cooks thirty yearse sent pies pecu
llarly Southern, such as potato pies.
These housewives Just wanted to show
those Northern soldiers that all the pie
bakers in the world do not live 'up
North '
"Then to remind the soldiers of their
past Thanksgivings with Yankee dough
nuts, a lady bnuight a big measure of
genuinely cooked Yankee doughnuts.
"Miss Newlywed to the number of sev-
eral brought pies, too, and of course they
were most particular that everything was
just right about them, so as not to give
a hint of amateurishness."
And so they came- pies upon pies, and
cakes sufficient to make a pastry nur
' hunt envious. To keep the "goodies"
from being "pled," as a printer would
ay. they were packed with cardboard
partitions and made solid, and care was
taken to get them "this side up."
The domestic science class of the Howie
Scl oo| also contributed.
In all more than 4.000 pies and nearly
l.ooo cakes were sent to Camp Wilson
and Fort Sam Houston yesterday. Four-
teen army motor trucks with especially
constructed racks to hold pies in each
truck, conveyed the edibles to the sol
diers. Promptly at 1 o'clock, they drew
at the itotary headquarters at the
St. Anthony Hotel. Fourteen ltotarlans,
with instructions as to what should be
done, mounted the trucks and rode to the
various schoolhouses designated. It was
at the schools nearest to their homes that
the housewives of San Autonlo who had
pledged themselves to bake pies and cakes
for the soldiers were requested to brlug
them.
After collecting the pies, the trucks re
turned to ltotury headquarters, where the
loads were shifted and the pies sorted for
the different units at camp and the fort.
The Kotariaus on the pie collecting com-
mittee are as follows:
Craig J. Adams was assigned to schools
Nos. s, 11 and *J1; A NY. Norcross, to
Schools Nos. Jl. in and 7; Frank .lames,
to Schools No. LM». 15 and Is; Paul Itossel
man, to Schools Nos. 1.' aud 17; Phil
Webster, to Schools Nos. 'J'J, 1,"{ and 21,
and the Iteacon Hill Baptist Church; F. F.
Doyle to the Main Avenue IIhigh School
and to two stops on Main Avenue; C. C.
Leal had Schools Nos. l!7 and -N; Paul An-
derson had the Hraekenrldge High School,
the Menger Hotel and several private col
lection places; M. II. Hurke had Schools
'J.'l. lo and (>; liabe Cazell had the Douglass
High School and the Itruckenridgc Colege;
Walter Npringall was going to Alamo
Heights, aud Walton D. Hood took the
trucks to the Hunter and the St. Anthony
Hotels.
Other members of the committee were
Herbert Hayes, Klnier Abbey. Hugh M<
1.ellan. Max Blum. L. S. (joodtmiti. Porter
Luring. Harry llert/.berg. Fd. Fllick, Frank
M. Coleman, J. Frank Kline aud 11. A.
Heyck.
Colonel William S. llendrlck, chairman
of the Rotary committee had "Ids hands
full," not only of pies, but the details
of the plan for getting the "Thanksgiving
desserts" to the soldiers. F.very package,
brought to the headquarters, was opened
and the number of pies counted. They
were then rewrapped. labeled and placed
on the racks iu the trucks. The racks were
on each side of the truck like small
shelves, with a place to walk down the
center of the truck. ICvery precaution
was taken to deliver the pies at the camp
and post In the best condition possible.
As late as noon yesterday promises to
send pies and cakes were given. The Coun-
cil of Jewish Women gave thirty cakes
and 100 pies Many individuals brought
their donations direct to the ltotury Club
Ilea ^*1 Differs.
It was a hard day's work, according
to some of the Kotariaus, but they were
all unanimous in declaring that it was
"worth while." About 17,00 soldiers, short
ly after noon today will probably be
setting their stamp of approval upon the
cooks of San Antonio.
The KiprMfl Austin Bureau.
At'ST IN. Tex.. Nov. 'J!> The Court of
Criminal Appeals today affirmed the Judg
incut of the lower court in the case of
1 lodge Marion, from Fills County, cou
vlcted of a statutory offense on Ills own
daughter, s years old, and given the death
penalty. The offense was committed at
Marion's home in Waxahaehle.
The court also affirmed three cases from
Hruyson County, Homer Pickett and Bill
Davidson, burglary, two years each, and
William HIM. selling liquor in prohibition
territory, and the case of Macarlo Arce,
from Webb, assault to murder, five years.
The case of Joe Antonio Arce et al., from
Webb, given the death penalty for the
murder of a Fnlted States soldier who was
defending a Texas border town against
Mexican raiders, was set down for sub-
mission on December III
Motion for rehearing of the case of K.
L. Bennett, from Bexar, convicted of man
slaughter and given three years, was sub
| mltted today.
<^y
FOR XMAJS.
Have vour old picture made uew by
Fred Ilummert, 204 « West Commerce;
pictures, picture framing, artists' mate-
rials. (Adv.)
You!
Buy Your Clothes
From Lents, Tailor,
and get clothes that are clothes. (Adv.)
To Hold False
Teeth In PlaceUse
WILSON'S COREGA
DRUCGISTS K DENTALSUPPIY
FREESAMPLE
CORtCACHEHICALCo ClevelandO
DO YOU SUFFER
FROM BACKACHE?
When your kidneys are weak and torpid
they do not properly perform their func-
tions; your back aches and you do not
•feel like doing much of anything. You
are likely to be despondent and to borrow
trouble,'juat as If you hadn't enough al
ready. Don't be a victim any longer.
The old reliable medicine, Hood's Sarsa-
parllla, gives strength and tone to the
kidneys and builds up the whole system.
Hood's Sarsaparllla is a peculiar com
blnatlon of roots, barks and herbs. No
other medicine acts like it, because no
other medicine has the same formula or
Ingredients. Accept no substitute, but in-
sist on having Hood's, and get it today.
(Adv.)
tained the jury's verdict. The verdict was
known to the court in the early evening
before o'clock, and yet the jury was
kept out in the solitude of their consults |
tlon room so that the crowd about the j
courthouse might be 'dispersed' and scat
tered to their homes about the supper
hour, and when this occurred the court
came In, received the verdict of life sen
fence and the defendant was again spit*
ited away to another county and kept
for some days. (iuHty he may be under
the State's case; innocent under his case,
lie would still be and is entitled to a fair
trial before an impartial jury. It is
shown that the judge during the excite
ment in the courtroom when the outburst
came, arose from his seat and stood; lie
did not even command silence iu his court ;
lie did not even reprimand or impose a
punishment for contempt. This judgment
will be reversed for this, if for no other
reason."
Presiding Judge Prendergast did not
concur in all Judge Davidson says and
holds In his opinion, but lie did not dis-
sent to a reversal or the judgment.
LAND REYENTK LARt.F,
Income From Sales and Leases In Novem-
ber Totalled 9537.000.
The Express Austin tfureau.
AUSTIN, Tex., Nov. 29. The report of
State Treasurer of revenue from land
sales and leases in November shows a to
tal of $r»a7,83N.M, of which $ I."V\">7 is t<»
the credit of available funds and $7!*,
2R6.20 to permaueut funds. The credits to
the various funds are; Public school, pur
chase first payments, permanent ;
public school, open accounts,
avalable, $75,117.40 permanent; I nlversity.
open accounts, $1MM.1!.'1 avalable,
permanent; game, ^s'' ,,n,l oyster account,
$<n.*t.25 available; Deaf and iMnnl^ School,
open account, $027.85 available. $l»u.OI per
inanent; Lunatic Asylum, available;
blind school, $OH4.41 available; Orphan
asylum, $000.14 available.
DepartmentN Close Today.
Tho Express Austin ie:reai:.
AUSTIN, Tex., Nov. '20. AM State De-
partments will be closed tomorrow In ob-
servance of Thanksgiving day.
Many Visitor* at Capitol.
The Express Austin Bureau
AUSTIN, Tex., Nov. 20. Colonel A. <1
Sterret and Tom Fintym Jr. of the Dallas
News, Churchill Bartlett of Marlln, R. F.
L. Knight of Dallas and J. F. Wolters of
Houston were visitors at the Capitol to
day. They will remain during the home-
coming ceremonies.
MKMBK.K FIRE INSURANCE COM-
MISSION KAYS BY-LAW VIO-
LATES ANTI-TRUST LAW.
Hie Express Austin lUireati
AUSTIN, Tex., Nov. "0. A. U. Andrews,
member of the State Fire Insurance Com
mission, has completed his report of an In
vestigat'ion of the Cotton Insurance Asso
elation, an organization of twenty-six fire
insurance companies which write nearly all
of the cotton insurance In Texas. Mr. An-
drews makes several recommendations, two
of which direct the association to change
Its by laws so as not to be lu the atti-
tude of violating Texas anti-trust laws.
He also finds that the Insuring of cotton
in Texas has been a losing game.
Members of the association in Texas are
forbidden to write per baieage contracts
other than through the association. "Such
being the case," says Mr. Andrews, "we
are lead to believe that this prohibition
prevents or lessens competition aud is,
therefore, in violation of article 7700, sub
division of the Revised Civil Statutes of
Texas, l«y, which reads as follows:
"'To prevent or lessen competition In
the manufacture, making, transportation,
sale or purchase of merchandise, produce
or commodities or the business of insur
ance, or to prevent or lessen competition
in aids to commerce, or In the preparation
of any produce for market for transporta-
tion.' "
Recommendation Is made that the ob-
jectionable rule be amended or modified
so as to eliminate any infringement.
Another violation of the anti trust, laws
[s alleged with reference to tho rule that
requires a general agent who obtains mem-
bership for one of his companies must have
all of th^ others Join, or agree to abide
by the rules referred to. which provide
that no Insurance will be undertaken on
a per baieage'plan except through the asso-
ciation. The association Is called upon
to rescind this provision or otherwise make
It non operative.
Mr. Andrews approves the application for
Today—Thanksgiving Day
The Joske Store Is
Closed All Day
an advance in the cotton rates but calls
on the association to furnish a detailed
statement of its premiums and losses so
that the exact results from operation may
be had at the end of the season so as to
determine the reasonableness of the ad-
vanced rates.
A positive position taken by Mr. An-
drews Is that the insurance of cotton under
the per baieage plan Is a benefit to the
Texas local agents as they get a lfi per
cent commission, whereas if It was done
overhead they would get no commission
at all.
It is stated that the railroad insurance
is carried almost entirely by non resident
brokers.
Mr. Andrews writes that the reinsuring
of the shore end of the marine business is
through non-resident brokers and no com
mission is paid Texas agents. However, he
says it makes no difference as the local
agents would not get the business If the
association did not exist because It would
be carried overhead as financial institu
tions want continuous Insurance on export
cotton.
It Is found that the association com
panics automatically reinsure lurgc Iia
bllity, but where there is an excess lla
bility It is handled ' through licensed
brokers In unlicensed companies on which
5 per cent is paid to the State. Licensed
companies not in the association refused
to assume the excess liability, it is stated,
hence the present method is legal.
Texas produced 40 per cent of the as
sodatlon's losses but paid only 30 per
cent of its premiums. Compresses were the
worst risks. They comprise 80 per cent, of
the losses In Texas and as :i whole. Dur-
ing the eleven years of the association's
operation in Texas it collected »o,71 >7 in
premiums and paid 92,210,700 In losses, or
a loss ratio of OH per cent, to which must
be added the expense ratio. Definite data
as to the last are ordered supplied the
commission. The association's total busi-
ness for the eleven years was; Premiums,
9^,244,108; losses, $0,!HM,0.,17, or a loss ratio
of 77.2 per cent Indicating that "it failed
to produce a profit." In linn 10 its prem-
iums were $007,208; losses, $1,7.T»,004, or a
loss ratio or 174 per cent.
Opinion Is expressed that the companies
are paying their pro rata share of taxes,
but. to verify, It Is recommended that
each company report the exact amount of
Its Texas business, and such Information
has been requested by the commission.
Mr. Andrews writes that If the associa-
tion ceases to exist he believes that a large
percentage of the cotton business would
be diverted to channels not under the
supervision of the Texas Insurance Depart-
ment and over which the State Is powerless
to exercise control.
In view of the statistics showing heavy
cotton losses, Mr. Andrews gives Ids ap-
proval to the forms and rates submitted by
the association, saying: "These rates will
influence safer methods of storing cotton
In bales, thus conserving the South's great-
est natural resource."
A concluding paragraph of the report
reads as follows:
"If should be borne in mind that this
associn Ion Is unusually powerful, being
composed of twenty six of the largest fire
insurance companies In the United States
and practically controlling the cotton in -
•urance businesl of the country written
on a per baieage plan. Its operation, there
fore, should be closely supervised by the
Insurance departments looking toward the
general public good."
f! I
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Itl M.K FARMS TKKRAf'EI)
RcprraciitRllvmi of Ntate Di'imrtmrnt of
\icrfcultiir.» 4ilvo DtMiionNtrutionN.
The Kvi>pws AUNftii Hurcan.
Al'STIN. Tel., Nov. 2(1 tV. W. Ciunp
bell <if tin? Iiiircnii nf iniirki'ts, but iletiillml
for sonic K|iprlnl dcmouiitriitlons In terrac-
ing Iti Knrnes Couuty, has returned from
a two weeks' stay III the vlelntty of limine
where ii number of valuable Mantis were
terraced tinder his supervision.
Tile demands lire becoming so Insistent
and numerous farmers from nil over the
State that all the employes of the liopnrt
ment who are experienced In this work
and can lie'spared from other duties, nre
detailed lo meet as many of these re-
quests as possible,
Mr Campbell reports much Interest
manifested by some of the largest farm
ers In the community anil says one mall
could find all Hie terracing he could do
In months, all anxious for It to lie done.
There will lie a strong demand for this
work next season.
I.OST Hold bracelet between 1 1T South
Alamo Street and St. Mark's Parish House
Reward. Kaltayer's Drug Store, 4IKI East
Houston St. (Adv.)
Fill Your Home With Beautiful Music
—realize the cheer, the spice and the
sparkle that player piano music would put into the
days and evenings that are now dull.
Then know that real pleasure in music is in play-
ing it yourself.
Carleton Player
$425
Never before have you had an opportunity to purchase
a player of such quality on such low terms. \ ou may
purchase the CARLETON PLAYER on terms of
$12 per month. Our Music Roll Library insures the
buyer a measure of satisfaction not found elsewhere.
Thos. Goggan & Bros.
Home of the Stelnway
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San Antonio Express. (San Antonio, Tex.), Vol. 51, No. 335, Ed. 1 Thursday, November 30, 1916, newspaper, November 30, 1916; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth434339/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.