davidaulloa/AmericanStories huggingface dataset:
La Junta tribune., 1908-12-26
| SANK CASE W ONCE MORE
Argument Of Motion for New Trial
Of Cashier Smith Postponed
Until January 18th.

The district court conveued in ad.
tourned session last Monday morn
ing, with Judge Rizer presiding. this
being the day set TO hear the argu'
ment for a motion for new trial In
the case OF the people vs.. +. J.
smith. the Rocky Ford State Bank
cashier.
Thomas r. Hoffmire. attorney FOR
Smith, stated that he was not at
this time ready to argue the motion
for a new trial, and asked for con.
tinuance until the January term.
District Attorney White did not inter
pose a>i objection and said that he
would he wiling to have the argu-
ment postponed until the first Non
day In January. The court then is
sued an order continuing the case
until January 4th.
The grounds upon which Mr.. Hof-
mire will ask for a new trial are.
first, that the matters alleged in the
feuse against the laws OF the state
of Colorado second. that there Is no
law In force In the state of Colo
RADIO under which prosecution OF
the cause can be sustained; third,
because the court erred in sustain
ing the states objections to interro-
gatories propoundcd TO the defend
ant by his counsel concerning his
health at various times prior TO the
closing OF the bank; fourth, because
the court erred in not permitting the
defendant to testify as to his physi-
cal condition: fifth. because the court
erred in sustaining objections OF the
defense to interrogatories PROFOUND
ed TO the wife OF the defendant con-
csrning his state of health; sixth.
because the court erred in not per-
hitting the wife OF the defendant 20
testify as to her husbands physical
condition; seventh. because the ycr-
dict is contrary to law and is not
sustained ly the evidence.
Al the conclusion of the hearing
of the Smith case District Attorney
w nlte CdAltu the httEhtboh Va shN
court to case filed against John
T.. Godding. in which the latter was
released on his own recognizance.
Owing to certain rumors, for which
he hoped there was no just ground.
that Mr.. Godding was to be pardoned
on Christmas day. District Attorney
White requested the court to fix the
bond in this case at $4,000, as In the
sary to serve the papers in this case.
The court so ordered and the bond
was fixed at $4,000.
Attorney Glenn. on behalf Of Godd-
Ing. made vigorous protest on the
size of the bond. alleging that 1t was
absurd and unheard of except in CAPT
tai cases. Judge Rizer replied that
II Mr.. Godding or his attorneys did
not like the size of the bond, there
would be plenty OF time after the
papers were served to appear in
court and ask for a reduction. Un-
til such time the bond would stand
A. E. Dilley, who was tried during
the latter part of November and con-
victed of assaulting Carl Younger.
with Sntent to do bodily harm. near
Fowler. on the evening Of the day
succeeding election, was sentenced to
one year In the county Jail.
The district court then adjourned
until the first Monday in January.
La Junta tribune., 1908-12-26
Sale of state Lands.

Notice is hereby given that I will
sell. at public auction. to the highest
responsible bidder. on the 9Th day OF
January, 1909, at o'clock, p. NJ. at
the office OF The State Board OF
Land Commissioners, Capitol Build
ing. Denver. Colorado, the following
described lands. situated in Otero
county. Colorado, viz:
North half OF northwest quarter.
section %. township % south. range
81 west. minimum price per acre
$500.
Reserying. however. to the State OF
Colorado all rights to any coal or
other mineral of any character under
lying said land and the right Of in
gress and egress for the purpose OF
mining. together with enough Of the
surface Of same as may be necess-
ary for the proper and convenient
working OF such mineral.
Value OF Improvements on this land
as appraised by this department, Sass
Owner Of improvements. Frederick
C. Rudy. Denver. Colorado.
Sale Application No. 5123.
No land viii be sold 1t less than
the minimum price per acre. ~ CIV
en- above. The parcels win be sold
In the above order. and each tract
will be sold ~ described above-be
the same more or less.
Terms Of payment shall be q fol-
lows. viz: On lands selling for $50
70 $500 per acre. 10 per cent. o9 the
purchase money ON the day Of sale.
the balance In eighteen equal annual
payments at 8 pr cent. per annnm.
Lands selling at more than e95. - -
aero and lsss than e7s.ee Per esrs,
- Der csat- eaaA O Tie day q nG1es
La Junta tribune., 1908-12-26
In the matter Of the estate OF y
o. Coggins, deceased.

In the matter Of the estate Of NJ.
o. Coggins, deceased.
BY virtue Of an order and decree
Of the county court Of Otero county,
made on the petition of the under
signed. administrator OF the estate
Of NJ. o. Coggins. deceased. on the
27th day of November. A. D. 1908.
shall. on the 26th day Of December.
A. D. 1905, at the hour Of 10 O'Clock
4. M. sell at public sale.
to the highest and best bidder. at
the office of the county Judge Of
Otero county. Colorado. at La Junta.
Colorado. the following described real
estate. OF said deceased, to-wit:
An undivided one-half interest in
and to the northeast quarter Of sec
tion 8. township -. south of range
IS west: the southeast quarter of the
southeast quarter OF section 80. town
ship % south Of range IS: the south
west quarter OF the southwest quar-
ter OF section SO. township % south
Of range SIS; all that part OF the
west half Of the southeast quarter
and the north half Of the southwest
quarter of section 81. township %
south OF range IS west. lying north o
the right-of-way Of the Atchison. To-
peka and Santa Fe railroad the south
half OF the northeast quarter OF sec
tion 81. township 20, south of range
IS west: Lots One. Two and Three.
south Of the river In section 80,
township % south Of range SIS west;
the north half Of the northeast quar-
ter OF section 81, township z3 south
OF range 55 west; Lots One. Two
Three and Four south Of the river.
and the northeast quarter OF the
southeast quarter Of section 80. town
ship % south Of range IS west; Lots
One and Two south Of the river
and the northwest quarter Of the
southwest quarter Of section 33.town-
ship % south Of range IS west: situ-
ate in the county Of Otero and state
Of Colorado. also.
Lot TWO I'D IN BLOCK Three A
(sA) In the city Of Rocky Ford. ac-
cording to the recorded plat of the
second filing thereof. situate In the
county Of Otsro. statA Of Colorado.
upon the following lsrna. Viz: Cash
In hand.
At the conclusion oe such sale the
purchaser win b snfitled 10 . csr.
tificats Of purchase. and upon ths ~
proval Of such SALE ~ he couft
the purchases vfn ~ entitled - :
deed Of said real DgoDerty.
mo. I. 0AU08R,
AAninistratoe q tAe esta1e q r.. o.
CeggiAs, deeeaDe4
nntsd at Ia J1nta. Co1ssaAe. IL
Nh ~ e e lsovsnlee. ~ n 1eoG.
vIrst D1nascatisa, 1lsvsnhr =. 1ooe.
Lot pgh1Ieaa1ea, Deee19 -, ~
La Junta tribune., 1908-12-26
Inspected Sheet b1I Sheet

may be necessary, but eossldey ssboxza.t-hal
COUPON BOND stoxAd6e nsb<eted sheet b. Sheet IT'S
perfect paper, and ev<y Of mil fsd eaek sheet
tea-s0f e,a1k aac osnd IN hxxdy1dreams
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08

Ing for its object to secure the pro-
motion of officers to various grades
at reasonable ages through a process of
selection. by boards of officers. of the
least efficient for retirement with per-
cenfa re OF their pay depending upon
length Of service. The bill, although not
accomplishing all that should be done, is
q long step in the right direction: and I
earnestly recommend its passage, or that
Of more completely effective measure.
The cavalry arm should nc reorganiZed
upon modern lines. This is an arm in
which II is peculiarly necessary that the
field officers should not be old. The cav
airy is much more difficult to form than
Infantry, and it should be kept up to the
maximum both in efficiency and in
strength. for it can not be made in a
hurry. At present both infantry and ar
tilery are too few in number for our
needs.
Especial attention should he paid to
development of the machine gun. A gen.
eral service corps should be established.
AS things are now the average soldier
has far too much labor of a non-military
character to perform.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08
RESOLUTION INTRODUCED BY
REPRESENTATIV RAINEY.
Provides for Democrats Plan to Find
Whether Americans Benefited by
Purchase Money for Canal.

Representative Rainey of Illinois has
introduced resolution providing for the
appointment of committee to investi-
gate the purchase of the Panama canal
property.
Mr.. Rainey was selected by the demo-
cratic national committee to do this i'm
mediately upon the opening of Congress
and to press the matter in the House i'll
an effort to secure early action upon it.
The resolution follows:
Resolved. That a committee of five mem
beers of the House be appointed by the
Sneaker to investigate the purchase by
the United States of the Panama canal
property, with the view of ascertaning
how much of the $40.0ou,UOo. which APP
rears of record to have been paid to the
French company, was really paid To said
company or for the stock or holdings of
said company or to the French govern
ment for said company: and with a view
also of ascertaining how much of said
sum- If any, was directly or indirectly paid
to American citizens. or to an American
syndicate. and with view of ascertain
ing whether any member of either branch
of the Congress of the United States or
any person connected with the govern
ment of the United States in an official
capacity profited directly or indirectly
by said transaction.
Provided. the said committee shall
have the power to send for persons and
papers and to examine witnesses. and
also to employ a stenographer and one
clerk Said committee shall report the
result of its investigation to the House
with such recommendations as it may
deem proper
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08
TURNED OVER TO DISTRICT.
Wall and Bridge Made Useless by
Removal of Tracks.

Assistant Secretary Oliver of the War
Department has approSed recommended
lions made by Col Cromwell. the engi-
neer officer in charge OF public buildings
and grounds. for the transfer 10 the Dis
trict Commissioners of certain aba ndonod
material from the site of the old Penn
sylvania passenger station at the corner
of 9th and b streets. In presenting the
matter to the War Department. Col
Bromweil states that a contract was
made for tearing down the building and
removing all the old materials There
still remains, he says. the old retaining
wall along 9th street defining tho
boundaries between the grounds occupied
by the station and tracks and the rest
of the park. and he adds that there is
no money available for tearing down and
removing this wall. The District Com
missioners. however. have informed him
that they can use the stone in the wall
to advantage, and are willing to remove
it for the material contained in it.
Col. Bromwell says also that the bridge
built by the railroad company over 6th
street and recently abandoned by the
company and turned over to his Office is
In dangerous cond ton and has been
closed to traffic since last summer. In
view of the changes made in the locality.
he says. this bridge is no LONGER needed
and should be removed The District
Commissioners have also offered to re-
move this bridge for the use of the
materials contained therein. AS both of
these operations will result in considerable
saving to the government and will hasten
and facilitate the changes that must be
made in the park to meet existing con-
ditions Col Cromwell recommends the
acceptance of both offers from the Dis
trict Commissioners as the most econon!-
cal method of d;sposins of these old
structures.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08

at the service schools and for duty with
the National Guard entails detaching
them from their regiments which are al
ready greatly depleted by detachment of
officers for assignment to duties pre-
scribed by acts of the Congress.
A bill is now pending before the Con-
sress creating a number of extra officers
in the army, which if passed. as II ought
to be. will enable more officers 10 be
trained as instructors of National Guard
and assigned to that duty. In case of
war it will be of the utmost importance
to have large number of trained officers
to use for turning raw levieS into good
troops
There should be legislation to provide a
complete plan for organizing the great
body of volunteers behind the regular
army and National Guard when war has
come. Congressional assistance should he
given those who are endeavoring to pro-
mote rifle practice so that our men. III
the services or out of them. may know
how to use the rifle. While teams repre-
senting the United States won the rife
and revolver championships of the world
against all corners in England this year, il
is unfortunately true that the great body
of our citizens shoot less and less as time
goes on.
To meet this We should encourage rife
practice among schoolboys, and indeed
among all classes, as well as in the mill
tary services. by every means in our. pow
er. Thus. and not otherwise. may We he
able to assist in preserving the peace OF
the world.
Fit to hold our own against the strong
nations of the earth. our voice for peace
will carry to the ends OF the earth I'm
prepared. and therefore unfit, we must sit
dumb and helpless to defend ourselves.
protect others or preserve peace. The
first step-in the direction of preparation
to avert war if possible. and to be fit for
war if it should come-is to teach our
men to shoot.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08

affiliation many southerners who have
been democrats were brought face to
face with a delicate situation which we
can only meet with frankness and JUS
tice: In our anxiety to bring the demo-
cratic sOutherner into new political re-
lations We should have and can have
no desire to pass by or ignore the COM
paratively few white southerners who
from principle have consistently stood
for our views in the south when 1t cost
them social ostraciSm and loss of all
prestige. Nor can we sympathiZe with an
effort to exclude from the support of re-
publicanism in the south or to read out
of the party those colored voters who, by
their education and thrift, have made
themselves eligible to exercise the cleo
toral franchise.
Solving the Race Question.
I'VE believe that the solution of the
matter of Industrial and thorough edu-
expression to their thoughts seem to think
that the only solution of the negro ques-
ton is his migration to Africa: but to
me such a proposition is utterly fatuous.
The negro is essential to the south, in
order that it may have proper labor
Their ancestors were brought here
against their will. They have no country
hut this. They know no flag but ours.
They wish to live under it, and are will
ing to die for it. They are Americans
The proposition to increase. the supply of
labor in the south by emigration from Flu
rope, it seems to me, instead of being
inimical to the cause of the negro, Will
aid him. AS the industries of the south
continue to grow in the marvellous ratio
already shown, the demand for labor
must increase.
Primary and industrial education for
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08
FOR PANAMA INVESTIGATION HAS FAITH IN DEMOCRACY
GOV. JOHNSON NOT DoWNCAST
BY DEFEAT.
Believes Party in Better Position
Today Than It Was Before
the Campaign.

Il do not think the leaders of the demo-
cratic party are cast down by defeat,
and If they are right, as l think they are,
they will win eventually"
Thus Gov. John A. Johnson of Mime
sofa, who IS here to attend the cOnserva-
ton congress, the conference of governors
and the waterways convention. expresses
in an interview his abiding faith in de-
mocracy.
II think the democratic party is in a
better position than ii was before the
campaign opened. l am, of course, una
BILE to say what caused the result to be
what it was. Mr.. Bryan was much mis-
understood and was purposely misrepre-
scented. There was lack OF organization
in the democratic party and Il unity of
organization In republican ranks. Then
it is always so much easier for the party
in power to win"
Bow. johnson said that he was in con-
versation on his way to Washington with
engineering work on the Mississippi river,
and that The latter told him in discuss
ing the proposed lake-to-gulf canal that
$4;OWo mile would construct canal
twelve Or fourteen feet deep. and that
500 miles at that rate would be $50. WO, OOo.
This is a mere bagatelle in a national
sense" continued Gov. Johnson. 1T is
less than the capitalization of the North
ern Pacific Railway Company. a private
enterprise. To my mind this would solve
the transportation question in the central
part of the country.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08

that any member of the House NAV
thwart him in the use OF: for after the
speaker recognizes for unanimous con-
sent. any member may object. thus doing
away with the procedure and permitting
the House to proceed under its order Of
business
There does exist an arbitrary recogni-
ton on the motion to suspend the rules
Formerly the Speaker was compelled TO
recognize any member who first got his
attention on the motion to suspend the
rules. The result was that the motion
was greatly abused.
Men would prepare resolutions on sub
1ects of no practical standing in the
mouse. sometimes SO artfully wOrded as
to be political traps, condemninE many
members to political danger in their dis
tricts, whether they voted for or against
them. Members, therefore, did not natur-
ally like to run risk of such pitfalls. or
to De on record upon questions not of a
practlcal moment to the United States
or which might involve local prejudices in
their homes ard thus destroy their use
fulness without any compromising good
Suspension Days Limited.
so, 1t happened that frequently the
House on suspension day adjourned in
order to escape this snare. and in 1850
the number OF suspension days were re-
duced to two month, so as to make the
dangers OF the day as little as possible
About that time Speaker Randall. with
out complaint Of the House, began to ex-
ercise the right to determine whom ,,a
would recognize for the motion thus still
further placing it under control If the
motion to suspend the rules were essen
tial to the business OF the House. this usur-
patton by Speaker Randall would have
had bad consequences; but i'm 1888 and in
1890 the rules were improved by enlarg-
ing the functions of the committee on rules
and by improving the rules for the order
Of business. so that bills i'm ansunfavOra-
bic position might be gotten out by a
majority vote. without recourse to the
older and clumsier methord Of suspend
ing the rules. And today the motion to
suspend the rules is used two days in
the month to supplement the proceeding
by unanimous consent. There are many
bills that cannot get through by
unanimous consent because two or
three members may be opposed. in such
cases the motion to suspend the rules
affords a convenient and easy method Or
dealing with them
In conclusion. Mr.. Kinds says:
1T is not impertinent to protest against
the assumption made in some magazines
and newspapers that the House of Rep
resentatives is an inefficient legislative
body 1t is. on the contrary, highly eff
cient, not surpassed in this respect by
any other body Of Similar size and con-
Stitutional limitations"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08

tactical qualities should be the same as
is in the four vessels before named now
being built
l most earnestly recommend that the
general board be by law turned into a
general staff. There is literally no excuse
whatever for continuing the present bu-
reau organization of the navy.
The navy should be treated as purely
military organization. and everything
should be subordinated to the one object
of securing military efficiency. Such mill
tary efficiency can only be guaranteed in
time of war II there is the most thorough
previous preparation in time of peace-a
preparation. I may add. which will in all
probability prevent any need Of war.
The Secretary must be supreme, and he
should have as his official advisers body
of line officers who should themselves
have the power to pass upon and co-or-
dinate all the work and all the proposals
of the several bureaus. a system of pro-
motion by merit, either by selection or
by exclusion. or by both processes, should
be introduced.
It Is out of the question, if the presen:
principle of promotion by mere seniority
is kept. to expect to get the best results
from the higher officers. Our men come
too old. and stay for too short a time, in
the high command positions.
Two hospital ships should be provided.
The actual experience of the hospital ship
with the fleet in the Pacific has shown
the invaluable work which such a ship
does, and has also proved that it is we'll
to have it kept under the command of a
medical officer.
AS was To be expected. all of the an
ticipations of trouble from such a com
mand have proved completely baseless.
1t is as absurd to put hospital ship
under line officer as it would be to put
a hospital on shore under such a COM
mand. This ought to have been realized
before, and there is no excuse for failure
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08
to realize it now.
Cruise Of the Battleships.

Nothing better for the navy from every
standpoint has ever occurred than the
cruise of the battle fleet around the
world. The Improvement of the ships In
every way hss been extraordinary, and
they have gained far more experience in
battle tactics than they would have
gained II they had stayed in The Allan
tic waters The American people have
cause for profound sratifc alton. both in
view Of the excellent condition of the
fleet as shown by this cruise and in view
of the improvement the cruise has work
ed IN this already high condition.
/ do not believe that there is any other
service in the world in which the average
of character and efficiency in the enlisted
men is high as is now the case in our
own. l believe that the same statement
can be made as TO our officers. taken as
a whole: but there must be a reservation
made, In regard to those i'm the highest
ranks-as TO which have already spoken
and i'm regard to those who have just
entered the service; because We do not
now get fun benefit from our excellent
naval school at Annapolis.
II is absurd not to graduate the mid
shipmen as ensigns: to keep them for two
years in such an anomalous position as
at present the law requires is detrimental
to them and to the service. In the acad-
envy itself. every first classman should be
required in turn to serve as petty officer
and officer: his ability TO discharge his
duties as such should be prerequisite
to his going into the line and his
cess in commanding should largely de-
termine his standing at graduation.
The board Of visitors should he APP
pointed in January, and each member
should be required tn give at least six
days service, only from one to three
days to be performed during June week.
which is the least desirable time for the
board to be at Annapolis SO far as bene
fitting the navy by their observations is
concerned.
THEODORE ROOSEVELT.
The White House.
Tueday December 9, zoos.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08
NEW sToREHoUsE BEGUN.
Admiral Mason Reports on Work at
Indian Head Proving Grounds.

In report to the Navy Department
Rear Admiral Mason, chief of the naval
bureau Of ordnance, says that work has
been commenced on the new storehouse
at the proving grounds at Indian Head,
Md. The south bomb proof has been
completed, and when the south battery
has been repaired much proof work can
be conducted from the side of the val
ley when a foul range would prevent the
use of the opposite one.
One death by accident occurred among
the powder factory workmen during the
year. 1t was carefully investigated by
a coroner's jury and board of officers
both finding that the cause was due to
the unfortunate victims own fault
Admiral Mason says that the health of
the station has been most excellent
Great care is exercised that all pools are
drained off or filled up. Malaria has
ceased to exist at the proving ground for
some years,