davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1910-07-30


Horning's petition, to say nothing
of his assuming to hear the matter
and pretending to discharge him.
Further, that the order or Horn
ing's discharge was made directly
In the face of section 1886 of the
penal code of this state, which in
substance says that no prisoner can
be discharged on habeas corpus IL
it appears he is imprisoned by vir-
tue OF a Judgment of a court or
competent jurisdiction, provided
the time specified in the Judgment
has not expired
This having been the case with
Horning, we claimed the order dis
charging him was void and without
effect. In these particulars Judge
Hughes clearly exceeded his juris-
diction, something which the writ
of review will remedy. The su-
preme court having issued the order
as we asked for in our petition, the
next step will be a hearing before
the supreme court in San Francisco
on August 8.
If superior judge Is empowered
to release from our state prisons
anv person serving time therein by
pretending to exercise the functions
of habeas corpus, whether he has
Jurisdiction of not, and that, too,
In the face of a positive statute to
the contrary, then the far-reaching
consequences to society are appar-
ent. A superior court could disturb
the judgments of the supreme court
itself, and uproot the whole system
of criminal procedure. If Mr.. Horn
ing is entitled to his liberty, he can
resort to regular channels, such as
the pardon board, or the governor,
but he cannot resort to an illegal
process, as he has done in this case.
WITNESSES SCATTERED
We believe that Mr. Horning is
a shrewd young man who is guilty
of the crime to which he pleaded
guilty, and If 1t were not for the
fact that 1t was outlawed we should
give him a trial simply because he
says he wants one. But both he
and his attorneys must know that
any of the numerous burglaries and
robberies with which he might be
charged were barred by the stat
ute Of limitations within few
months, and 1t is a significant fact
that he waited until that time was
UP.
Concerning the murder charge
against Horning, the police depart
ment has been working night and
day since his arrest, but we find
that after two years the witnesses
are so scattered that it will be al
most impossible to. make a case.
Under the law Horning was equally
guilty with Sutherland of the mur-
der of Capt. Auble, but to prove his
guilt we must show that they were
apOo cod In an tnIa Wful pOnSDiraCV
and campaign of crime together,
something which would always be
difficult to prove to the satisfaction
of a jury.
Thursday morning we consulted
with the attorneys for Horning and
requested them to allow a continu-
ance until such time as the supreme
court could make it's decision, but
they refused to do so, and we have
taken the only course consistent
with our duty.
Los Angeles herald., 1910-07-30
CLAIM HORN|NG
WAS KIDNAPPED
Attorneys for Prisoner Telegraph
Oakland Lawyer to Begin
Necessary Action
B0YD'S AFFIDAVIT ATTACKED
Legal Representatives Declare
They Were Not Notified OF
FrederiCkS' Plans
BoYD'S AFFIDAVIT ATTACKED
toontInuea from Page one,

public-you men and women who
shake your heads dolefully from time
t. time over the reeitals of third de-
gree atrocities and police star cham
ber proceedings with which the best
magazines in the country have been
full-here is a definite case before you,
and we ask you which side has been
guilty of any "oddity of law
This man is poor and has the world
against him, for he Is weighed down
with the burden OF having been a con-
Wet. He surrendered voluntarily when
he heard the police once more were
after him. 1t has been with much diff
ficulty that his few friends have raked
up the money necessary for his defense.
His position is such that any undue
advantage taken of its weakness car
ries with 1t the infamy of persecution,
and against him are all the forces of
the law, headed by a district attorney
who has been solemnly sworn to alb
stain from vindictiveness and mete out
justice to the best of his ability. If
Fredericks knew the charge of murder
would not stick the very affidavit
sworn TO by his agent, Detective Boyd,
is in itself-morally at least-an act OF
perjury: the most heinpus of crimes
when committed by the strong for the
destruction of the weak.
WHY CHARGED WITH MURDERP
They merely wanted to hold him.
Yet to do this they saddle this man,
already staggering under the heaviest
handicaps, with the gravest charge
they could pick out--that of murder.
II these things go unheeded whose
reputation is safe?
We cannot say for certain what
further proceedings will be taken.
Doubtless Mornings attorney in the
north will apply for a writ of habeas
corpus The prosecution can afford to
snap it's fingers at expense, for the tax
payer is everlastingly the "easy mark, =
but with the impoverished prisoner 1t
will be an entirely different affair. But
apart from this 1t may be we'll for us
to reflect that our officials are our
public" servants; that their work
above all where human life and liberty
are placed in jeopardy-is public"
work to be done 80 openly that all can
understand what is going on; and that
star chamber proceedings are out OF
date.
lie know of the truth or falsity of the
charge for which Horning received a
14-year sentence, and who ever heard
of Vervoort's name until The Herald
took up this case? What If these young
men, as they were at the time of
Auble's death, did talk detective-story
fashion, of the crimes they would COM
nit? In itself 1t is an immature fool
lshness of which thousands of discon-
tented young men are guilty, and 1t is
to be noted that even of such talk no
evidence has been laid before the pub
lie. They were not even alluded to In
the scrambled proceedings that sent
horning to prison for fourteen years.
They rest solely on the statements of
policemen and reporters, made at a
moment of intense public excitement.
Los Angeles herald., 1910-07-30
CLAIM REVENGE PROMPTS
KILLING OF BARTENDER

SALT LAKE CITY, Utah, July 20
A story of revenge is believed by the
police to lie back of the murder OF
Lenardo Piro, an italian bartender, at
2 o'clock this morning. Piro was en-
ployed in saloon at Fourth West
street and First South streets. He was
preparing to close the place when the
front door opened. A man, partially
masked. stepped inside while second
man held the door open.
The first man, without a moments
hesitation. pointed a revolver at Piro
and shot him between the eyes, killing
him instantly. The murderer stepped
quickly back through the door and
vanished. A colored waiter toying with
a billiard cue in the back of the room
was the only witness to the crime.
Los Angeles herald., 1910-07-30
DECLARES HORNING
WAS ILLEGALLY FREED
Prosecutor, However, Admits the
Young Man Could Not Be
Convicted of Murder

AS spokesman for the district attor-
leys office, Deputy District Attorney
Tohn North, who had charge of the
proceedings whereby Fred Horning was
yhisked back to Folsom prison without
he knowledge of his attorneys, gave
nut a statement yesterday. MIR. North's
statement is a defense of the secret
removal of Horning.
The statement contains an admission
hat despite the efforts of the police
dorning could not have been convicted
II completely in the murder of Police
Captain Auble. The statement follows:
This office is simply attempting to
do its duty in this matter, and right
an illegal wrong which was COM
mitted when Horning was dis
charged under a pretended writ of
habeas corpus granted by the su-
perior court of Sacramento county.
The matter came up there because
Folsom state prison happens to be
located in that county.
We were very much surprised to
learn that Horning had been dis
charged, and Immediately made 1t
known that we desired him to be
apprehended. Meantime we began
an investigation which disclosed the
fact that the petition for a writ of
habeas corpus which was filed In
Horning's behalf did not state any
grounds upon which he was entitled
to the writ. This was made the
basis of our subsequent action In
applying to the supreme court at
San Francisco for an order to show
cause, directed to Judge Hughes at
Sacramento, to transfer to the SUI
preme court a complete record of
his proceedings for a review.
Last Monday the petition of Cap
tain Fredericks, as district attorney
of this county, on behalf of the peo-
pie of the state, was filed with the
supreme court, asking for a writ of
review, but we found that the court
could not act upon 1t until Thurs
day. Thursday afternoon we re-
ceived word that the order had been
issued, and we accordingly advised
the sheriff to return Mr.. Horning on
a new commitment. In making this
new commitment 1t was found nee
essary to in some respects at least
change the minutes of the court by
a nunc protunc order, otherwise the
new commitment would have been
the same as the old one under
which he was discharged.
DENIES JURISDICTION
our petition in the supreme court
set forth the fact that Mornings
petition for habeas corpus did not
aIIege any grounds upon which he
was entitled to his discharge, and,
moreover, set forth facts which
showed, on the contrary that his
Imprisonment was perfectly legal.
We therefore made the point that
Judge Hughes had no jurisdiction in
the matter further than to dismiss
Los Angeles herald., 1910-07-30
FLOW OF 1000 INCHES
CHEERS VALLEY FARMERS

IMPERIAL, July 29.-Following the
receipt of news from the intake of the
Imperial irrigating canal that work
with the dredger had been resumed
the high tension of feeling among the
settlers, who feared for their crops,
considerably relaxed. The farmers
were further cheered by news that
the sluicing of the intake had in
creased the flow by 1000 inches.
At the present rate of activity the
normal flow of water will be restored
within ten days.
Los Angeles herald., 1910-07-30
FUNNY STORY CAUSE OF
DEATH ON HIS BIRTHDAY
BroekIynite Falls from Veranda
and Fractures Skull

NEW YORK, July 29.-Thomas CAL
lassen is dead at his home in Brooklyn
because a funny story caused him to
laugh so heartily that he lost his ball
ance and fell from railing on which
he was seated to the ground, distance
of five feet. His skull was fractured,
and he died in a hospital ten hours
later
Callassen was seated on the railing
of his veranda, where a party of
friends had gathered to congratulate
him on the occasion of his thirty-sec-
ond birthday. They had been there but
a short time when member of the
party told a funny story. Callassen
burst out laughing, and before any Of
the others could reach him he had
tumbled over. He was hurried to the
hospital where he died without regain
ing consciousness.
Los Angeles herald., 1910-07-30
DRUNKARDS' WIVES HOME
CLOSES-TO0 FEW INMATES

KANSAS CITY, July 29.-Because
there were not enough drunkards
wives in Kansas City, Kas., to keep
the home founded for them by Carrie
Nation going, the home is to be re-
turned to the giver. This was an
nounced today by Peter Goebel, presi-
dent of the Associated Charities.
Mrs. Nation has asked that the prop
erty be restored to her, as she desires
to sell it and devote the proceeds to
a school for neglected children In
Eureka Springs, Ark. 1t Will be re-
turned
Los Angeles herald., 1910-07-30
PHILIPPINE TEACHER
TO ADOPT CHICAGO BOY
FARGO Matthews to Make Long
Trip to Islands

CHICAGO, July 20. w. Ernest
Grove, the school teacher in the Philip
pine islands who last January wrote to
Mrs. Ella Flagg Young, superintendent
of schools, asking her to find him a
boy whom he might adopt and rear, is
about to have his longing for COM
panionship gratified.
Saturday night Fargo Matthews, a
13-year-old Chicago boy who has been
an orphan for eight years, will leave
Chicago for the Philippines, where he
will be formally adopted by Grove.
Young Matthews has been chosen by
Grove from among 100 applicants who
wrote to him from all parts of the
United States.
Los Angeles herald., 1910-07-30
LAups THE MEN WHO CAME
TO AID. OF FRED HoRNINc

Editor Herald: The pleas of Val
stone and William G. Owen for young
Horning that he might receive merciful
Justice should appeal to all who love
with compassionate love.
These men evidently are not moved
bv any sickly sentimentalism, but are
actuated by an innate desire for right
eousness. One cannot help loving them.
Los Angeles herald., 1910-07-30
LOW WATER IN THE OHIO
STOPS RIVER NAVIGATION

C4ALLIPOLIS. o., July 29.-NaVlga-
tion between this city and Pittsburg
on the Ohio river was almost suspended
TODAY owing to a sudden fall of the
water, making the lowest stage here
for months. Many towboats have been
forced to tie up, some of them having
mines of the Kanawha river In West
Virginia.
The packet Lorena is stranded on
.sandbar in the middle of the river near
Coxs rifle.
Los Angeles herald., 1910-07-30
OPPOSED 10 CANNON

NEW YORK, July 29.-Assembly-
man william M. Bennett has formally
announced his candidacy Tor the he
publican nomination for congress from
the fifteenth district, the assembly
man declaring himself against the re-
election of Speaker Cannon.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-03
MABEL HERBERT URNER SAYS:
"woMAN WANTS ROMANCE AFTER MARRIAGE, BUT MAN
CONTENT TO IT DIE"

ing after she had been to the matinee.
1t had been q love drama interpreted by
a famous romantic actor.
She had come away STEPPED with the
wonderful scenes, athFln with al ina
love might make of life, with ferVlo
longing to bring some Of the rose-eoloreo
romance into her own home
When her husband came from the
office she met him at the door, threw
herself ia his arms, murmuring ardent,
glowing love phrases.
He kissed her absent-nnindedly. why,
yes-yss, dear, or course 1 love you
Aren't you Well?"
Then with real interest in his voice:
ibid the roast come in time? forgot
TO order it on the way down THIS morn
ing, so / telephoned.'
And then he could not understand why
she sat down weakly on the hatrack and
laughed and cried Historically.
If only he could have lived up to the
situa toni If he could have responded
even to a small degree to this little
woman's mood But he couldn't In
his placid. matter-of-fact sort Of way ne
loves his wife. But he never thinks II
necessary TO tell her so.
He would probably say, were he ques-
toned, that his unceasing work to pro-
vide for his wife a comfortable home
and surroundings was a more practical
words. And possibly it is. But how
gladly she would do with less material
comforts, could she have instead just g
little Of the 'Iove-making' of love.
Any romantic sentime ntalism that he
may have had in his early youth has long
since died out. And he regards his wife S
occasional burst Of fearful sentimental lily
as merely the result Of nerves or q
"bad Digestion" for which he cheerfuily
prescribes a tonic or a liver pill" And
stolidly undemonstrative, he tOlerates her
purring little affections with very much
the attitude Of a Newfoundland dog
toward a lowering kitten.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-03

sCopyright, 1910 by the New York Even
ing Journal Publishing Company
I INTO each mortal who comes to earth
~ A ladder is given by God. at birth,
And up this ladder the soul must so,
Sep Sep py step. from the valley below
SStep oy step, to the center OF space,
On this ladder Of lives, to the Starting
In time departed (which yet endures)
SNAPPED my ladder, and you shaped
whsIever they are. they ara what we
made:
A ladder Of light or ladder Of shade.
"A ladder OF love. or a hateful thing,
A ladder OF strength, or wa ering
string
A ladder OF gold. or a ladder Of straw.
Each is the ladder Of righteous law.
We flung them away at the call Of death,
We took them again with the next life
breath
For q keeper stands by the great birth
gates;
AS each soul passes. its ladder waits.
Though mine be narrow. and yours be
broad.
On my ladder alone can I climb to God.
On your ladder alone can your feet
For none may borrow and none may lend.
II toll and trouble and pain are found
Twisted and corded TO form each round,
If rusted iron or Wondering wood
is the fragile frame, you must make II
good.
You must build it over and fashion it
strong,
Though the task be as hard as your life
is long;
For up this ladder the pathway leads
TO earthly pleasures and spirit needs;
And all that may come In another way
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-03
Young Man-Afraid-of- His Wife
he Heps the Madam Not to seIect an Easter Bonnet.

II went yesterday with Minnehaha to
help her select her Easter bonnet. m
going again today and very likely tomor-
row. and most probably the next day
and quite possibly the next day after
that, and so on, ad infinitum. as long as
my health and strength and sanity hold
THE madam teIephoned me yesterday
selecting my busiest hour as a matter Of
habit, and ordered me, with tragedy in
her tones, to come down at once and
help her decide which of three hats was
best suited to her particular style of
beauty. I've been to every shop IN
town. she walled, tearfUlly, and I'm SIM
ply worn out. These hats are the sweet
est of all I've seen and only want you
to help me decide which is the most be-
coming
Picture me, then, thirty minutes later
breezing into Madame ks swell MILL
merry parlOrs, feeling about as welcome
as a burglar in a bank, and looking the
part successfully enough to get convic-
ton on circumstantaI evidence. And this
was the scene that greeted me: Mime
haha seated before several thousand mir
rors, surrounded by several thousand
| black-gowned saleswomen and several
| thousand hats of various sizes and de-
! scriptOns.
"Ah, M'sieu'l" They ourgled.
zone Of the aforesaid black-gowned
! Venuses, detaching herself from the rest,
pushed a frail, sickly-lOOking gilt chair
in my direction and babe me be seated,
gushing VOlubly the meanwhile: "Ah,
Monsieur have arrive at las. Mon
sieur is gifted with pairfect taste, n'est-ce
pas? Behold! Is not Madame a dream
in zis mos Tavishing chapeau? placing
on the madam's head a sort of hybrid
pudding dish, supporting what looked like
a cold Welsh rarebit in the middle of a
bunch of whipped cream.
I simply sat there and gazed, Billy,
dumber than canned oyster, while each
| Of those several thousand Partisan sill
hOuettes went into raptures and Mime
! haha admiral herself from so many an
giles that 1t gave me vertigo.
" Monsieur is speeches. with admira-
ton, n'est-ce pasT broke forth the Day
| sey Mayme, who was acting as mistress
/ of ceremonies. But wait until he sees
J mazda me in this raVishing Chantecler.
( The chapeau Madame has on is but
I $50. 80; but when Monsieur behOlds Ma
dame in this wonderful Chante cler crea-
ton. he will rejoice to overlook the adj
! ditional trifle OF $50 In price!
And thereupOn section Of barnyard,
surrnOunted by a dead rooster, was
| placed upon the madams phony curis,
and the admiring circle of sOft-sOap ar
! tistes almost tainted with rapture.
"Tried on Several Thousand Hats"
"'Can Monsieur imagine anything more
| chic? they chorused, ecstatically. Fancy
/ speaking Of that hOaTy old bird as chick.
Billy, there's no use narrowing you with
/ the CHASTITY details Of my torture. That
/ sort Of thing went on for three hours by
/ the clock, and when the madam had tried
on every one Of the several thousand
pieces of headgear stacked up around her,
she finally arose and murmured with
sweet resigna ton that since there didn't
seem to be any hat there that suited me,
as a dutiful wife she would have to GO
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-03
SHAH be but Illusion, ana win not stay.

Shall be but Illusion, and viii not stay
In useless effort. then, waste no time;
Rebuild your ladder. and climb and climb
People are continually looking at the
lives Of others and saying: If / had
been given such advantages as this OF
that individual then I would have made
good.
ut is because Of my environment that
have not done better"
If had been given a chance; if had
received any help; if l had possessed
friend at court; II 1 had been given an
and a score Of other IFS" are quoted as
causes for failure
But they are never the causes Of IGf-
Ure.
Look at the Life Of Lincoln.
Look about you, and you win find
somewhere an individual who mas pesn
handicapped by some one, or al, OF the
things which these couplainers queue as
their reasons for failure.
Out of the most hopeless environments,
and bearing the heaviest OF burdens, ana
facing the most insurmountable or oDsta-
cles, other souls have risen 70 achieVe
success.
The youth who saws he could become
great If some millionaire would lift him
ont of poverty, and give him an educa-
ton, needs only to study the NE OF LIN In
coin to see how foolish Is his assertion
that he cannot rise alone, and conquer
fate and poverty.
The girl who says she cannot accom-
pIsh some cherished hope and IDEAL pc
cause she has no help from others, neeus
to read the story OF Joan Of Arc,
BENJAMIN Franklin had no friend az
court. until he made the greatest court
Of earth paw him homage through MS own
splendid achievements.
He was the sixteenth child or poor par
erts: and he walked barefoot and PENN
less out Of his native village to seek MS
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-03
The Ordeal of DutIful Husband.
Homemade Tonic
For Spring Disorders

('Madelaine'' in WOman's JOurnal)
receive so many letters every spring
from persons who complain of tired
feeling on arising every mOrning-Of a
sort of 'all gone" don't care condi-
tion-that / am forced TO believe that
everybody needs a tonic in the spring to
purify the blood, tone up the stomach and
liver and restore the human body to prop
er condition after the inactivity Of win
ter.
Spring usually finds the organs and
blood clogged with impurities. The feel
ing Of languor and dullness lack of am
bition and energy, poor appetite, sallow
complexion, liver blotches, pimples and
other skin eruptiOns-an these are symp-
toms of impure blood, deranged digestion
or torpid liver
You can make full quart Of good
tonic at home at a small cost that viii
put your system in perfect condition and
rid you Of Spring Fever" in all its
phases. Get from your druggist one
ounce Of kardene, mix it with y cup su-
gar and add 4 pint of alcohol and II
pints Of hot water. Take one tablespoon
full five minutes before each meal and be
fore retiring.
Kardene purffies the blood, arouses the
liver, clears the skin, restores lost appe-
lite and strengthens and builds up the
entire system. There IS no other blood
medicine as good. If your druggist is out
Of kardene ask him to get 1t for you
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-03

BY MABEL HERBERT URNEh-
WONDER II any man can fully re-
spond TO womans 1esire 1or TO
Il mantle, emotional lOVeN one OF the
most pitiful Establishments woman
finds in marriage is that while she IS
always striving TO keep love at some
emotional height, after short time the
man is content to let romance die out ana
settle down to a placid, comfortable, num-
drum existence.
How often does one see q woman past
her first youth and yet with an Unsuitable
longing for romance still strong within
her, striving with all her arts and Wlles
aged husband an ardent, romantic lover!
Usually the man is blandly unconscious
of her efforts, or most mildly wonders
why Mary, after all these years, cannot
take his love for granted and not insist
on being constantly told of it,
And there lies the tragedy Of most
womens lives. They want to be told
constantly, repeatedly told that they are
loved. They can never be recOnclled to
taking It for granted. However faithful
and devoted they may know their hus-
"a nds are at heart, they want II in words!
They want, through all their married life,
all the little love phrases and tender at
tentiOns Of their honeymoon. And not
one woman in ten thousand gets them!
Yet with what pitiful persistency they
keep on wanting,
Her Ludicrous Moment.
A woman highly emotional, and vet
with a keen sense Of the irony of things,
and with a rare ability to sta nd aside
and view herself impersonauy, once told
me that the most tragic. as we'll as the
most ludicrous, moment Of her life was
when she greeted her husband one even