The Daily Express. (San Antonio, Tex.), Vol. 42, No. 57, Ed. 1 Tuesday, February 26, 1907 Page: 1 of 14
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John Woods, President.
W. G. Lee Woods, Vice President.
W. F. Woods, Cashier.
J- H. Haile, Assistant Cashier.
T. D. Cobbs, Attorney. City,
W, A. Shafer, S. P. R. R., City.
W. A. Bonnet. Danker, Eagle Pass.
E. B. Flowers, Ranchman, Batesvllle.
H. L. Wagner, Druggist, City.
Directors of WOODS NATIONAL BANK
library OF CONGRESS
HOSE
MILL and
FACTORY
IN STOCK
F. W. Heitmann Co.
HOUSTON. TEXAS.
VOLUME XL1I.--NO. 57.
SAN ANTONIO, TEXAS, TUESDAY MORNING, FEBRUARY 26, 1907.—FOURTEEN PAGES.
ESTABLISHED !865.
E. F. GADDIS, President. J. MUIR JR., B. L. NAYLOR, Vice Pres.
A. S. GAGE, Vice Pres. Cashier. M. FREEBORN, Asst. Cashier.
The Lockwcod National Bank
5?0I Commerce Street,
SAN ANTONIO, TEXAS
Mexican ifoney Bought and Sold. Safe Deposit Boxes for Rent to the Public.
G. B. Chandler
MONEY TO LOAN
Real EstitJ For Sale
102 EAST CROCKETT STREET
T. C. FROST,
President.
J. T. WOODHULL,
Vice President.
NED MclLHENNY,
Cashier.
Frost National Bank
SAN ANTONIO, TEXAS
Cap&aiCds $600,000.00
Exchange Drawn on Princlpa! Cltiea in Europe and Mexico. Mexican
Money Bought and Sold.
MRS. THAW
HELPS CASE OF
HER HUSBAND
Further Cross-Examining by Dis>
(rict Attorney Puts Favorable
Light Upon Two Incidents.
DR. FLINT'S APPEARANCE
STARTLES THE WITNESS
J. N. BROWN,
President.
ERNEST STEVES,
Vice President.
OTTO M EERSCH El DT,
Cashier.
ALAMO NATIONAL BANK
SAN ANTCNIO, T€XA«k
Capital and Surplus paid in $600,000
DIRECTORS—G. Schmeltzer. George C. Vaughan, Ernest Steves. J. N. Brown,
C. C. Gibbs, G. A. C. Halff, William Negley, Joseph Courand, Otto Meerscheidt.
West Texas Bank & Trust Co.,
Capital and Surplus $210,000.00
Honrs 9 A. M. to 3:30 P. M. Saturdays Reopen from S to 9 P. M.
HARRY LANDA,
President.
N. S. GRAHAM,
Vice President & Cashier
H. G. STAACKE,
Vice President.
AMERICAN BANK * TRUST CO.
Capital Paid up, $100,000
siness, great or small, and will render yoi
OPERA HOUSE BUILDING, ALAMO PLAZA.
We solicit your business, great or small, and will render you courteous treatment
at all times.
C. F- & H. CUENTHER
U. S. Bonded and State Bonded Public Warehouses.
General Warehousing and Distributing.
Rates on Application.
8on'!!6Aa2& AuenPa R.ISRa Track.' Negotiable Warehouse Receipts Issued
But Mrs. Thaw Asserts That She Never
Saw Him—Story of Insult by Secre-
tary of Embassy —Thaw Said
White's Money Was "Poisonous"
DENTISTRY specialized in all its
branches by us means satisfac-
tion to you.
hicks Antonio.-
L. F. Roblchaux, D. D. S.
J. B. Wagoner, D. D. S.
F. C. Slzelan, D. D. S.
FT. WORTH DALLAS KANSAS CITY
I. & G. N.
FOR BEST SERVICE.
122 Alamo Plaza. J. W. DALEY, P. & T. A.
OREENE OAYNOR CASE ECHO.
W. B. Kirk Gets Decision in Supreme
Court Sustaining His Refusal
to Pay Bond.
WASHINGTON, Feb. 25.—The case of
tho United States vs/w. B. Kirk, surety
for John P. Gaynor, whose extradition
from Canada on account of the charges
against him in connection with the al-
leged frauds in the public works at Sa-
vannah, occasioning so much annoyance
some years ago, was decided by the
Supreme Sourt of the United States fav-
orably to Kirk.
When Gaynor failed to appear in the
Savannah Court in 1902, as pledged by his
bond, proceedings were begun in that
court to collect on the bond. Mr. Kirk
resisted payment on the ground that ho
was not a resident of Georgia. The Dis-
trict Court for the Northern District of
New York and Court of Appeals for tho
Second Circuit took this view and it was
sustained today by this decision.
DOES NOT VITIATE CLAIM.
United States Will Seek to Recover
From Kirk in Another Suit.
SAVANNAH, Ga., Feb. 25.—It is reported
by officials of the United States District
Court that the action of Tho Supreme
Court of tho United States does not
vitiate the claim of the Government
against W. B. Kirk ns bondsman in the
sum of $40,000 for John F. Gaynor, who
forfeited the bond by his failure to ap-
pear in the court here with B. D. Greene,
at the stipulated time, going to Canada
Instead.
Proceedings were instituted against
property of Kink under an execution,
issued from this court. It is now said
that this proceedure having been pro-
nounced illegal, the Government will
see k the collection of the bond by suit in
the Syracuse, N. Y. District Court.
HOUSTON BILL CORRECTED.
Error In Appropriation for Postoffice
Remedied in Time.
WASHINGTON, Feb. 25,-Through a
clerical error the appropriation for the
new Houston postoffice was made to
read "At a total cost not to exceed
$200,000 including tho sums herein and
heretofore appropriated." The word In-
cluding should have been excluding.
Congressmen Moore and Burleson saw
the error in time and had it corrected.
The present bill appropriates $100,000 out-
right and authorizes the Secretary of
the Treasury to contract for the "com-
pletion of tho building at a further cost
not exceeding $200,000, excluding the sums
previously appropriated.
WILL KEEP TEXAS FORTS.
Bliss and Mcintosh Will Not Be
Abandoned by the Government.
Special Telegram to The Express.
WASHINGTON, Feb. 25.—Representa-
tive Smith of Texaxs called at the war
offjee tod.'.y on receiving the report that
1\ rt Bliss, near El Paso, was to be
abandoned. General Humphrey assured
Mr. Smith that the r port was erroneous
and that neither Fort Rliss nor Fort Mc-
intosh would be abandoned.
PASS UP TO NEXT CONGRESS.
Number of Important Measures Are
Passed Over by Committee.
WASHINGTON. Feb. 25.-Tho Senate
Committee on Judiciary today agreed to
pass over until next session of Congress
bills relating to interstate traffic In In-
toxicating liquors, the bill to protect la-
bor against the competition of convict
labor and the postoffice fraud order bill.
NEW YORK, Feb. 25.—Except for one
brief moment. Mrs. Evelyn Nesbit Thaw
had a decidedly easy day of it today dur-
ing the continuation of her cross-examin-
ation by District Attorney Jerome. When
adjournment was taken the prosecutor
announced that he had practically con-
cluded with tho witness. Mrs. Thaw will
be temporarily excused tomorrow morn-
ing to enable Mr. Jerome to introduce
Abraham Hummel to identify a photo-
graphic copy of the affidavit Evelyn Nes-
bit is alleged to have signed, and which
charges Thaw with many cruelties during
their 1903 trip to Europe.
The District Attorney got the contents
of the affidavit before the jury this
afternoon by reading certain of its state-
ments in the form of questions, and ask-
ing Mrs. Thaw if she told such things to
Mr. Hummel. In each instance she de-
clared she had not. She also denied ever
having signed such an affidavit, admit-
ting that she had, however, signed some
papers for White in the Madison Square
tower, of whose nature she was not
aware.
Where Dr. Flint Comes In.
It was during the morning session that
Mr. Jerome played his strongest card of
the day. Mrs. Thaw had denied most
positively that she had ever been to see
a doctor, Carleton Flint, wiU* J»uk Bar-
rymore.
"Call Dr. Flint," commanded MMr. Je-
rome.
The doctor entered from tho witness
room, and was escorted to within a few
feet of the witness chair.
"Did you ever see that man before?"
Mr. Jerome asked Mrs. Thaw.
The witness seemed just a bit startled,
looked quickly and intently at the phy-
sician, then turned to Mr. Jerome and
shook her head. "Never," she declared,
j 'I haw was intensely interested in this
incident, and when it was over he turned
to the newspaper men sitting nearest him
and whispered: "That man made a mis-
take in coming here. He stood there a
liar. Do you catch the point—a liar?"
Mrs. Thaw was in much better spirits
today, and looked decidedly better phv-
sically than she did last week. She
seemed thoroughly at home in the wit-
ness chair, and had all her wits about
her, and did not fare at all badly at the
hands of the District Attorney, who was
more gentle in handling her.
Hefped Her Husband's Cause.
Instead of further hurting the cause of
her husband. Mrs. Thaw managed to
make two decided gains. When court
adjourned last Thursday it appeared from
her own statements that she had re-
ceived a letter of credit from Stanford
White while touring in Europe, and had
turned the letter over to Thaw. Today
she explained that Thaw took the letter
of credit from her, saying the money was
"poisonous" and neither she nor her
mother would touch it, and that he would
provide them with funds. Whatever had
been spent of the money, she declared,
was for her mother.
The second point Mrs. Thaw made was
concerning the cablegram which Thaw is
said to have sent to Stanford White from
London. It ,appeared Thurs*dav that these
cablegrams were requests of White to use
his Influence in keeping Mrs. Nesbit from
"raising a row" and interfering with
Evelyn continuing in company with Thaw.
Mr. Jerome took up the subject again
today, but his questions elicited the in-
formation that the letters did not con-
cern Mrs. Thaw at all, but related to a
man—a secretary of the American Em-
bassy in London—whom Mrs. Thaw said
had "sneaked up to mamma's bedroom
and insulted her."
She said the man had also insulted her.
and Thaw had gone in search of him, but
failed to find him.
^
CHANCE FOR SHIP SUBSIDY.
LABELS MUST
BEAR DATE OF
INSPECTION
Special Rule Reported by Mr. Dalzell
Provides for Vote on Measure
Next Friday.
WASHINGTON, Feb. 25.—The ship
subsidy secured a. marked impetus today
in the House, which just before adjourn-
ment adopted a rule that will probably In-
sure the passage by the House of the
Llttauer substitute for the Senate bill
and result before the final adjournment
In positive legislation.
The rule was reported by Mr. Dalzell
from the Committee on Rules in the
shape of a resolution providing that the
compromise bill shall be considered with
debate limited to five hours, and the
final vote shall be taken not later than
next Friday afternoon at 3 o'clock. The
rule was adopted by a vote of 158 to 122,
twenty-four Republicans voting with the
Democrats in opposition to the rule.
The rule was agreed upon unexpectedly
by the Rules Committee at a meeting
held after the visit of Secretary Root to
the Capitol, and it was very generally
understood that the Administration was
responsible for the committee's action.
The conference report on the Indian
approprtitlon bill was adopted, as was
the conference report on the bill providing
for the allotment and distribution of In-
dian tribal funds. A number of small
bills were passed.
But Mr. Beveridge's Amendment
Placing Cost of Inspection on
Packers Is Defeated.
AGRICULTURAL BILL
FINALLY PASSES SENATE
Forestry Bureau Gets Additional Million
and Restriction l'laced on Power.
Cost of Inspection Fight to
Be Renewed.
WASHINGTON. Feb. 25.-The agricul
tural appropriation bill was taken up
and passed today. The Fulton amend
ment providing that no forest reserves
shall hereafter be created or enlarged
without an act of Congress In the States
of Oregon, Washington, Idaho, Montana,
Colorado and Wyoming was adopted
without debate.
The amendment adding $1,000,000 to the
appropriation for Improvements in forest
reserves was also adopted without de-
bate.
Senator Beveridge offered an amend-
ment providing that hereafter the date
of inspection and canning must be placed
on the label of meat products. This
amendment was agreed to without op-
position or discussion.
Mr. Beveridge then offered his amend-
ment placing the cost of meat inspec-
tion on the packers and took the floor
to address the Senate on Its necessity.
Mr. Warren gave notice that he at the
proper time would make a point of order
against this amendment.
Mr. Beveridge made the point that the
only opposition to his amendment cam©
from the packers, and that they being
the beneficiaries should be compelled to
pay the cost.
Interjecting an endorsement to the
amendment. Senator Gallinger remarked
that he hoped that If Mr. Beveridge was
defeated today on a point of order he
would bring the question before the Sen-
ate in a special bill early in the next
Congress, "and we will fight this mat-
ter to the finish and see whether the
American p'Ople are to be taxed with
an expense which belongs to the pack-
ers."
The bill was then passed.
FORTIFIES TOWN CAPTURED.
Nicaraguan Forces Defeat Army Com-
manded by Minister of War.
MANAGUA, Nlc., Feb. 25.—San Marcos
Decilon, a well fortified Hondurean
town, which was defended by Solomon
Ordonez, the Hondurean Minister of
War, at the head of a strong army, was
captured by Nicaraguan forces at 4
o'clock this afternoon.
''MURDER WILL OUT."
Old Man Pleads Guilty to Abstraction
of Bonds While in Office.
COLUMBIA, S. C., Feb. 25.—Daniel
Zimmerman, aged 70, pleaded guilty today
to a charge of conspiracy to defraud the
State. He, with T. J. Gibson, another
elderly man, was accused of having pur-
loined $12,500 in bonds from the State
Treasury, where Zimmerman was bond
Clerk for ten years, ami the abstraction
of the bonds was not discovered until he
had been out of office for several years.
Bryce Is Presented.
WASHINGTON, Feb. 25. — The Hon.
James Biyce, the Ambassador from Great
Britain to the lTnited States, was pre-
sented to the President this afternoon by
Secretary Hoot.
Dr. Fielding:
The Specialist that
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Read his article in
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paper next Sunday.
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NEW YORK
VIA
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For passage and information apply
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ED SACHS, Agent,
Next Menger Hotel, San Antonio.
j. B. DENISON, Gen'l Agent
2322 Strand, Galveston.
Tickets To and From Europe.
^ i i ^
SUMMARY OF THE NEWS.
WASHINGTON, Feb. 25.—Weather
forecast:
West Texas and New Mexico—Fair
Tuesday and Wednesday except rain
and much colder Wednesday in the
north.
East Texas—Fair Tuesday except
rain in east portion; Wednesday rain,
fresh east to southeast winds.
Local Weather Forecast.
For San Antonio and vicinity, Tues-
day, fair and warmer.
SAN ANTONIO.
Famous Company B of the Ninth In-
fantry will arrive here in May.
..Lieutenant Lawrason testifies that ne-
gro non-commissioned officers carried
keys to the gun racks at Fort Brown.
City Council holds a busy session.
Fredericksburg people will give a net
subsidy of $130,000 for railroad connec-
tion.
Executive committee of non-Partisan
Association issues statement to prospec-
tive candidates for nomination.
Seven hundred dollar robbery occurs
at Hot Wells Hotel.
TEXAS.
The State Senate by a vote of 15 to 11
supplants Senator Green's resolution to
take H. C. Pierce s testimony in the Bai-
ley investigation with a substitute by
Senator Looney exonerating Bailey and
discharging the committee.
The Waters-Pierce Oil Company suits
are on the docket of the Travis County
District Court which opens next Monday.
Antonio Villareal, who has been making
a desperate fight at El Paso against de-
portation to Mexico, makes his escape
from an immigration inspector.
Senate committees make reports on
a great number of bills, including Mr.
Looney's bill requiring corporations to
have 50 per cent of capital stock paid in.
Reasons for their votes for or against
the anti-pass bill in the House are pub-
lished in the House Journal by a number
of Representatives.
Petitions from Waco and Fort Worth
ask defeat of bill forbidding Sunday ball
games.
Action of the Senate discharging the
Bailey investigating committee arouses
much comment and criticism.
' House passes to engrossment the bill
providing for a State Board of Mining
and for a mine inspector.
DOMESTIC.
Conference report on rivers and harbors
bill will be made today.
Conference report on Indian appropria-
tion bill is adopted in the House.
Supreme Court rules that all com-
plaints against railroads must be made
through the Interstate Commerce Com-
mssion.
Witness in Senate hearing on Browns-
ville testifies that citizens and soldiers
had trouble before.
E. H. Harrlman is examined before In-
terstate Commerce Commission In New
York.
Closing arguments in ouster suit against
Standard, Republic and Waters-Pierce
Oil Companies are begun In St. Louis.
Contract for 50,000 tons of steel rails
has been made by Japan with the steel
trust.
Fire at Pittsburg, Pa., causes loss of
$350,000.
Agricultural, postoffice and pension ap-
propriation bills pass the Senate.
Bill granting service pension to army
nurses passes Senate.
Mrs. Thaw has decidedly the best of
the day's cross-examination by Jerome.
Unknown big steamer Is on the shoals
off the New Jersey coast.
Twenty negroes are drowned or burned
and a dozen more are missing as result
of burning of steamer Marion last Friday.
FOREIGN.
Archbishop Zambrano of Linares dies in
Monterey.
SPORTS.
New Orleans race track owners will
confer on question of extending racing
season.
Ivanhoe disappoints talent at New Or-
leans.
New Orleans and Hot Springs races
are run In the mud.
Declarations for $10,000 Crescent Derby
were made yesterday.
Gunner Jim Molr retains title of heavy-
weight champion of England in boxing
match with "Tiger" Smith.
BAILEY'S FRIENDS PUT
THROUGH RESOLUTION
OF FULL VINDICATION
MUST COMPLAIN OF
DISCRIMINATIONS
TO COMMISSION
New Rate Law Destroys Common
Law Right of Individual to
Complain to Courts.
SANTA FE LOSES IN
TEXAKKANA RATE CASE
Special Telegram to The Express.
WASHINGTON, Feb. 25.—The Supreme
Court today affirmed with costs the case
of the Gulf, Colorado & Santa Fe Rail-
way against the State of Texas, appeal-
ed by the plaintiff from the Supreme
Court of Texas. The suit was instituted
by the State to recover a penalty upon
the allegation that the railway company
had charged a higher rate than that
fixed by the Railroad Commission on a
car of corn from Texarkana to Goldtli-
waite. The sole defense was that the
shipment was interstate, and not subject
to the Commission.
Judgment and penalty of $100 was ad-
judged against plaintiff on the finding
of fact that the shipment was entirely
within the State. The case was succes-
sively appealed and affirmed through
the Intermediate courts.
Other Texas cases decided were as fol-
lows:
/ xas & Pacific Rallwiy Company
•ainst Abilene Cotton <">11 Company,
is was complaint of overcharge on
shipments from Louisiana points to
Texas. Second Court of Civil Appeals
in Texas on appeal gave defendant
judgment for $1951.83. The Supreme Court
today reversed the case with costs, and
remanded on the ground that common
law right of individuals to make com-
plaint to the courts against railroads
for discrimination which existed before
the enactment of tho interstate Com-
merce Commission. The opinion was by
Justice White.
Texas & Pacific Railway Company
against Cisco Oil Mill, reversed with
costs and remanded.
J. T. Smithers against Smith et al., re-
versed and remanded.
The Supreme Court also sustained the
validity of the Concession Court in the
Choctaw and Chickasaw Nations. This
court was created by sperial act and
had denied benefits of Indian enrollment
to several thousand applicants who at-
tacked its constitutionality.
Indian Citizenship Court Upheld.
WASHINGTON, Feb. 25.—The Supreme
Court of tho United tSates today upheld
the right of the Indian Citizenship Court
to fix the status of members of the
Choctaw Nation in deciding the case of
Wallace vs. Adams, involving lands of the
Choctaw Nation, in favor of Adams.
Conference Report Agreed To.
WASHINGTON, Feb. 25.—The Senate
today agreed to th<i conference report on
the Indian appropriation bill.
Senators Reject Mr. Green's
Plan to Get the Testimony
of H. Clay Pierce.
EXONERATE HIM BY
VOTE OF 15 TO 11
Haste in Forcing Snch Action
Arouses Storm of Criticism.
Hosts of Supporters of Bailey
Gather to Urge Speedy Action
on Committee Report.
Arthur S. McDaniel, M. D.
Diseases of the
Stomach and
Intestines
Suite 314-315 Mocre Building.
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The best and most up-to-date Hotel In
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Electric Fans and Shower Baths In all
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European Plan. Cafe In Connection.
Daily Express Austin Bureau.
AUSTIN, Tex., Feb. 25.-A resolution
signed by fifteen of the thirty-one mem-
bers of the senate exonerating Senator
J. W. Bailey from the charges that are
still pending against him was today
adopted by that body by a vote of 15
to 11.
It was a remarkable proceeding, and
one which Is bound to cause widespread
comment throughout the State. Without
waiting for the Investigating committee
to make its report or to read tho testi-
mony in printed form, friends of Air.
Bailey, spurred on by those who have
been working so assiduously to bring
the investigation to a close and obtain
a vote of exoneration by the Legisla-
ture, forced the matter to an issue soon
after the Senate convened this morning
and got a vote on the resolution with-
out any discussion being made as to
the trend of the testimony which had
been given before the investigating com-
mittee.
The resolution of exoneration had been
prepared in advance and was ready for
introduction when the morning session
convened, but it was forestalled by a
resolution which was offered by Senators
Robert B. Green, E. G. Senter, S. P.
Skinner and W. J. Greer, comprising a
majority of the investigating committee
on the part of the Senate. This reso-
lution provided that the committee
should bo given the power to take the
testimony of H. C. Pierce in reference
to the charges against Mr. Bailey, and
that if necessary a sub-committee should
be appointed to go beyond the borders
of the State to secure the testimony of
Mr. Pierce or other witnesses and tp
examine the papers and books of th®
Waters-Pierce Oil Company.
Inquiry Committee Rebuffed.
The friends of Mr. Bailey were evident-
ly determined that his wishes for an
immediate and complete vote of exon-
eration should be carried out and they
put the substitute resolution which was
offered by Senators B. F. Looney, Claude
Hudspeth and thirteen others through
with a whirl.
Ordinary Senatorial courtesy would
have demanded that the Investigating
committee should at least have gone
through the formality of making a re-
port. Such a display of the exercise of
partisanship and discourtesy toward col-
leagues who have been patiently trying
to do their duty as they saw it as mem-
bers of the investigating committee has
never before been witnessed in the Sen-
ate. This is the prevailing sentiment
here, and the criticism of the action of
a majority of the members of the Sen-
ate is not confined to the so-called Bai-
ley element.
Many rr.en. irrespective of their per-
sonal attitude as to Mr. Bailey's guilt
or innocence, do not hesitate to say that
the Bailey partisans have made a grave
mistake.
The lobby of the capltol was filled to-
day with political friends of Mr. Bai-
ley, who came here from all over the
State to do what they could to bring
about speedy action on the part of the
Geo. C. Saur. Pres.
W. T. Eldridge, V. Pres.
W. R. King, 2nd V. Pre*
A. H. Piper, Cashier.
THE CITY NATIONAL BANK,
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The Daily Express. (San Antonio, Tex.), Vol. 42, No. 57, Ed. 1 Tuesday, February 26, 1907, newspaper, February 26, 1907; (https://texashistory.unt.edu/ark:/67531/metapth442018/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.