davidaulloa/AmericanStories huggingface dataset:
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
BERHAUER ACQUITTED BY JURY ON
The CHARGE Of NUMBERING RICHARD

Tuesday afternoon and the defence.
which used only Henry c. Bernauer,
the defendant, as a witness, also an
nounced that II rested at the same time.
Arguments Commence.
Then the argument was commenced,
assistant district attorney J. j. Murphy
opening for the state. Dan NJ. Jackson
attorney Joe NJ Nealon closing for the
state.
The testimony given at the afternoon
session was of little Importance, but
particular stress was laid upon the fact
that since the homicide Mrs. Bernauer
has dressed in mourning. The testi-
mony follows:
Character Witnesses Testify.
Sheriff P. J. Edwards, F. j. Simmons
and z. T. White testified Bernauer's
reputation good. When the defence
man Dan Thompson, who said he had
a conversation with Bernauer at the
station after he had been under arrest.
Sergt. I. N. Davis also talked with Ber-
nauer after he was under arrest and
they could not testify.
Policeman r. B. Parsons said: Der
nauer and 1 were partners on the plaza
beat. I saw Richard at the transfer
station about three or foureminutes Of
IL. ne dSheQ lie where beTndu6r was.
Early in the evening Bernauer asked
me to look out for Richard on the Fort
Bliss car. 1 asked him If he expected
him toNb drunk. / said L would. He
said Richard is trying to make my
home his home'"
Now Wears Mourning.
On cross examination, Parsons said:
'T have known Henry Bernauer's wife
about five months. Before the homi-
eide she dressed like anyone else would
dress. Since then she has been dressed
in mourning with a heavy crepe veil.
1 had seen Richard at the plaza. He
and Mrs. Bernauer had come to see
Mr. Bernauer.''
Fred Kiefer testified: 81 saw Ber-
nauer on the night of the 18th and
went to his rooms. Mr. Davis. Mr..
Richard and Srs-, Bernauer were there"
Mar Chung Recalled.
Mar Chung was recalled and testified
that Mrs. Bernauer and corporal Rich
ard had entered the Eastern Grill
through the front entrance on the night
the shooting occurred
Frank Williams, a policeman, was
then placed on the stand. and said: 1.-The
night previous to the killing Bernauer
asked me to go and see If his wife
was at the dance and if a certain fell
low was with her. He did say some
thing about wanting to see how she
was behaving. 1 have observed Mrs.
Bernauer in mourning since the kill
ing"
Charge Read to Jury.
The state and defence both closed at
o'clock
Judge Harper having lost his voice
by reason of a severe cold, deputy dis
trict clerk ]. I. DriscoI read the charge
to the jury at 4:45 o'clock
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
TWO GENERALS AND
FORTY MEN KILLED
Honduran Riot Becomes q
Pitched Battle Among
TrOOnS-

Tegucigalpa, Honduras, March ~
Gen Lara, a veteran OF the Nicarasuan
revolution, and Gen Palma, both Of
whom commanded divisions OF the Hon
duran government troops in the recent
rising in this country. were killed in
a riot at Comayaguela, a suburb OF
Tsgucigalpa, on Sunday.
The riot finally became a pitched
battle and it is estimated that not
less than 40 Of their followers were
killed. and some so others, Including
several women spectators, wounded.
Among the dead is a son of Gen Gui-
terrez
Forces under Gen Matuty. another
veteron Of the Nicaraguan revolution.
were hastily dispatched to stop the
battle. and succeeded in separating the
combatantS.
A strong guard was left in charge to
prevent further trouble Most OF the
dead We're buried yesterday.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
THREE INJURED IN
TUCUMCARI WRECK
The Accident Occurs in the
Yards-Injuries Not
Serious.

Tucumcari. n. NJ, March 22-Three
men were injured in a wreck in the
local railway yards, caused by cars be-
Ing backed against a caboose in which
the men were at the time. Those in
jured were D. F. Booth, lips cut and
chin injured; r. B. Simmons. scalp
wounds and injury to shoulders; Chas.
Kann, bruised about body. None are
thought to be seriously injured The
crew belonged to the Tucumcari and
Memphis division.
w. A. Jackson has returned from
the Utah oil fields in which he is in
terested. He reports an excellent out
look, a late well promising a greater
flow than any previous.
A. F. Faulkenberg has rented the
store room on the first floor OF the
Yorenberg hotel and will move his
business into it as soon as the build
ing is completed.
1t is said that a number of improve
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
An All Around
Household Remedy

Duffy's Pure Malt Whiskey is used
I'm Mr.. AgOr's home as the family
medicine.
1t should be in every medicine chest.
1t is good for everybody.
In his letter he says: Il have used
Duffy's Pure Malt Whiskey in my fam
lily for the last five years. It is GER
aafnly a wonderful remedy for colds,
bowel trouble and nervousness We
take it as an allaround household
remedy and feel sure it can't be beat"
John Agor. r. f. d. No. 3, Hammonds-
port, n. Y.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
PUTTING TREES AND SHRUBS
AT PARK IN GOOD SHAPl

improvements at Washington park
are being confined to the transplanting
of trees and shrubs in order that they
may have the benefit Of a full years
growth.
Park commissioner Harris intends to
trim up all the trees and lawns and
some of the paths will be discontin-
ued. while others viii be cemented
so that the public may always have
dry walks At present the paths be-
come muddy from the overflow OF
irrigation. which makes them impass-
able at places
Tt is probable that several big i'm
provements will eventually be made
in the park which will put it IN good
condition for the next fair.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
We Cannot
Get Along

without the trade Of the
great middle class of shoe
buyers the folks who are
neither rich nor poor-the
self-respecting man and wo-
man VINO earn a livelihood
by honest toll.
To satisfy their demands, to
give them the values which
they justly deserve, we
must carry medium priced
footwear of exceptional
merit; this we have In
REGAL SHOES.
They are the product OF expert shoe
makers and easily rank with the lines of
shoes costing much more money All
the new patterns are in and they're
beauties, too. Stop in, we're here to
show you.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
MAY BE FASTENED on
JOURNEY TO OKLAHOMA

West Henkle, a negro. was arrested
by city detectives Tuesday and charge
of vagrancy registered against him.
It is probable that he will be given an
opportunity to go to Oklahoma whittier
he said he was bound when arrested.
According to the detectives, Henkle
broke a parole in California where
he had been convicted on a charge Of
larceny.
He is the man who was arrested
while attempting to get away from
policeman Doak in December. He was
sentenced to the county jail on
charge of theft under $50 and has
been out only few days.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22

nents are contemplated by the Colo
RADIO Telephone company, owners OF the
local system, in the way Of insula-
ton and selective ringers for this city.
The rate for resident phones will be
increased to 81 a month because OF i'm
proved service. A carload of material
has arrived to make the changes
The Mothers club Of the High school
will meet Friday evening at the au-
ditorium Miss Lillian Pruett will
render a piano solo. The program
will deal with sanitation.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
Justification Under Unwrit-
ten Law Sustained in.
Verdict.

The jury in the case of Henry c.
Bernauer. charged with the murder of
Frank Richard, returned a verdict of
mot guilty" at few minutes after
O'Clock Tuesday night and thereby
brought to a close one OF the quick
est murder trials on record in this
city in several years.
Judge Harper had left word that if
the jury should agree before 9 o'clock
he would go tc the courthouse to re-
ceive the verdict and the agreement
was reached a few minutes before that
time. Three ballots had been taken.
On the first the jury stood 9 TO for
acquittal and at supper time they
seemed to be hopelessly tied up at
this stage.
After supper another ballot was
taken, and two of the men swung
over for conviction, but in the end
the gruelling arguments were started
ard with one man on each side argu-
ing pro and con, those for acquittal
won out.
Bernauer Thanks Jury.
Bernauer, who sat in his chair fac
ing the jury, his lips tense, his hands
clutching the chair, showing some
nervousness and his face indicating the
strain under which he was suffering,
relaxed. His face frightened. the mus
cles in his arms loosened and with a
slight smile on his face he arose and
said to the jury: II think you; I shall
not forget this" He spoke not another
word, nor did he attempt to shake
hands with the jurors. He was re-
lieved, and so was the jury, which i'm
mediately filed out the members going
to their homes.
Although the defence was what is
commonly known as the unwritten law,
yet it is written statute of the
state of Texas which makes homicide
justifiable when a man finds another
violating the sancity Of his home, or
in a fit Of passion, believing that an
other has violated his home, kills him
All of this was contained in the judges
charges and in chat regard only did
it differ from the stereotyped charge
Case Started Monday.
The Bernau er case was taken up
Monday morning. Henry c. Bernauer
was charged with the murder of cor
poral Frank Richard Of the 23d infan-
try, whom ne found in a private booth
in the Ea stern Grill restaurant with
his wife on the morning of January
Is, 1911, about Is minutes before
o'clock
At 4:15 the jury box was filled and
an dNJ OuI1ulonI was taken until 1ueS-
day morning At 9:15 the first wit
ness was placed on the stand by the
prosecution. At 8 o'clock in the after
noon both state and defence closed,
Henry Bernauer testifying for himself
The argument was then begun and at
E:45 deputy district clerk ]. I. Dris-
coll read the charge to the jury. which
retired at sos and returned a verdict
at a few minutes after o'clock.
The State Rests.
The state rested its case at 3 o'clock
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
TWO RAINS AT MELROsE.

Melrose, N NJ, March 22.-Melrose
has received two fine showers, both
steady rains, lasting long enough to
give the grass just the wetting it need
ed There was already a good mois
ture in the ground.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
SPECIAL VENIRE ORDERED
FOR TRIAL OF j. F. NITCHIS

A special venire OF 100 men has been
ordered for the trial of J. F. Mitchim
in the saith district court on April 3.
Mitchim is charged with killing
Monroe NJ Harrell in June. 1908. in
front Of the old Evening News office
on Mills street.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
MEMS CLUB TO MEET,

The fifth regular meeting of the St
Clements Mems club will be held
Thursday evening at s o'clock in the
st. Clements parish house. Reports
from 20 sub committees on member
ship will be made.
El Paso herald. (El Paso, Tex.) 1901-1931, 1911-03-22
puffy's Pure Mali WhiskeY

has to its credit over fifty years of
public service. It is the result of years
Of careful work and is an absolutely
pure distillation Of carefully matted
grain. Overworked men, delicate wo-
men and sickly children will find in
1t the health and strength giving parts
that are so necessary to them. 1t is
a wonderful remedy in the treatment
and cure of consumption, pneumonia,
grip. bronchitis. coughs, colds, asthma,
malaria, low fevers, stomach troubles
and all wasting. weakening conditions,
If taken as directed.
Duffy's Pure Malt Whiskey is sold
IN SEALED BOTTLES ONLY by
druggists, grocers and dealers every
where. or shipped direct for s100 per
large bottle.
The Duffy Malt Whiskey CO., Roches-
ter, n. Y.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09
Paving Contractors
Ordered to Stop the
Use of Fire Hydrants
Tanning Says He Has Permission from
Mayor and Fire Chief-Plant
Belongs to CITY,

Paving contractors who have been using
the fire MIGRANTS Of the city for private
purposes win have to cease the practice
or else show the water company what right
they have to tap the hydrants.
This ultimatum was delivered 20 con-
tractors Saturday morning through a letter
signed by John Stout attorney for the
Omaha Water company Stouts letter TO
contractors says that he has been advised
by the officials OF the water company that
employees Of contractors have been for
long time unawfuly using the fire
hydrants wherever II was found necessary
to use water In laying pavement
II the practice Is continued the company
will take legal steps 10 prevent it and
viii recover damages from the offenders.
says Stout
Charles Tanning who has contracts for
laying pavements in the city, was one who
received the letter. Tanning admits that
he has been tapping the fire hydrants for
water purposes and says he viii continue
90 do so.
81 have a permit from the mayor and
the fire chief TO use city water in laying
rayements and / shall continue TO do so.
irrespective OF the letter from Stout" de-
clared flaming 1T rs a question whether
the water company has a right 10 take
any action. The water plant is the prop
erty OF the city. Even the officials Of the
water company make this contention and
say they are operating the plant as trustees
for the city.
81 have been arrested twice for using
city water on complaint Of the water com
PAW The cases were appealed 10 the dis
trict court and nothing has ever been heard
from them.
81 DO not care 20 antagonize the com
pany, nor do / care 10 be put out OF bust
ness. So until am refused permission TO
/ tap the hydrants by the city officials, I
shall go on the theory that 1 have a per-
/ feet right TO use city water IN laying
| public pavements"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09


Mondamin lodge, No. Ill, Fraternal Union
Of America, will entertain their members
and friends Monday evening, April Il, with
an open meeting at their hail, Twenty
fourth and Parker streets. Regular meet
ings are held every Monday evening.
Banner lodge, No. II, Fraternal Union of
America, celebrated its fifteenth auniver-
sary on Thursday evening, April 6; there
were about 800 in attendance. The program
was opened by Sister z. Gore with a
plano solo, followed by A. Walkup in a
talk which interested the audience and
caused number OF new applications for
the lodge Major Mcintosh gave several
fine selections OF songs and music, which
we're encored number OF times Miss Marie
| Walkup, a pretty little miss danced to the
delight Of the visitors. doing several fancy
dances; Mr.. Guyer gave a number OF Irish
songs which were very pleasing; followed
by Banner lodge team, giving It's fancy
drill, under the guidance OF the captain.
Mrs. Bertha Wsidel.ch. Tho foresters OF
Il. &. NJ. camp, No. 9sj. Modern WooGusn
OF America, gave a. Grill which was highly
appreciated. Il is the wish OF Banner lod e.
No. II, that the boys q KS viii como home
as ono or the winners next June, from
Buffalo. n. Y. The evening closed with q
song. dancing and refreshments following
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09
MISCELLANEOUS.

Ladies Of the q. 3. r.. Get,vsburg Circle.
10. A., will hold their regular meeting
Thursday. April la. az Fraternity hall
Eighteenth and Hsrney streets, at o'clock
gIaTo.
H'nnehaha court 80 .. Daughters Of
Pocahontas, viii give a card party on Sat
n.day evening Arm Is, az RarIghts hall,
Nineteenth and Farnam streets.
Patten lodge. No. lI3, Ancient order Of
United WorAmen. viii celebrate It's twenty
first anniversary on Monday evening. at
the A. O. 4, w Temple. ll3-ll2 North
Fourteenth street The program VIII be OF
a literary and musical nature, with refresh
mcnts and dancing
Necra Court. No. l3 Tribe OF Ben Hur
expects a large atte7dar-o next THURSDAY
evening as state manager, sister Latkev
VIII be present TO help initiate a large
class o. candidates.
The L. s. Grant Post. Women's Relief
Corps was entertained at a kensingtou
Thursday afternoon al the home Of Mrs.
George b Eddy.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09
ECHOES OF The ANTE-ROON
Band Will Head the Douglas County
Delegation Across the River.
ODD FELLOWS TO CELEBRATE
General secret society News showing
Election Of Officers OF several
Orders and Plans for Flu
ture of Others.

The anniversary celebration committees
OF the Omaha OdG Fellows lodges met last
Thursday evening and made arrangements
10 hire a band to head the parade of the
Douglas county odd Fellows when they
10 "a Council Bluffs on April 90 Arrange
ments were also made to secure special
street cars to take the crowd to Council
Bluffs Each member OF the several COM
mittees has constituted himself a booster
10 work up enthusiasm for this event The
next meeting Of these committees will be
held Ia room 2to Of The Bee building next
Thursday evening at o'clock.
Beacon lodge, No. 80 will have work in
the first degree next Tuesday evening.
Hesperian encampment No. .. conferred
the royal purple degree on a class OF six
candidates last Thursday night Grand
Patriarch Marks wus present and told OF
the work that was belng done to build up
the encampment branch OF the order in
the state
state lodge No. n, viii have candidate
for the first degree Monday night.
Frank Allwine has taken up a claim at
Upton, Wyo.. and win leave Omaha for
that place the first OF this week.
Wasa lodge No. lS2. will have two candi-
dates for the first degree next Wednesday
night
The contractors began the work OF repair
ing the odd Fellows hall building last
Thursday. The work will be pushed so
as TO be completed In a couple OF weeks.
South Omaha lodge No las. VIII confer
the first degree on one candidate Monday
night.
Tvs Rchekah lodge No, 49, will have
decree work al It's meeting next Thurs
day evening.
DannsbroE lodge No. als. will have first
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

Grocery Specials
20 lbs. Granulated Sugar .$1.OO
Queen of Pantry Pastry Flour, per
sack ................ $1.25
and 40 stamps,
Golden Santos Coffee, lb. =. 22c
58c grade Teas, assorted, ID. 4Sc
48c grade Teas, assorted, lb. 3sc
Tea Siftings, pound package 12c
soc Old Missouri Ripe Olives soc
Peanut Butter, two jars -. zoe
and 10 atamps.
Red Cross Milk, large cans 25c
Hulled Beans, with chicken, cans
for .............. 2Oc
and 20 stamps.
Gaillard's Olive Oil. qt can Csc
Gaillard's Olive Oil, pint can Zoe
Cheese, full cream, Id. ..... 2Oc
and 10 stamps.
10 stamps with each Id. ButtCrine.
B. c. Mincemeat, pkgs, for 25c
b. c. Baking Powder, ID. can FAC
and 20 stamps.
Red and Yellow Onion Sets, at. SC
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

interest in Woodcraft takes place Tuesday
evening when Head Counsel A. r. Talbot
will be in Omaha to present Il. & NJ. camp,
No. s45. the silk banner awarded It by the
head camp for making the largest mem
bership increase of any camp in the state
during the last year. An interesting pro-
gram has been arranged for the event
which will take place at Modern Woodmeu
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

T ton receptacle for the gents prize and a
beautiful plate for the lady, on the last
Thursday in April the second of the series
win be given at which the committee are
making arrangements TO entertain banner
crowd
Omaha lodge, No l, Royal Achates will
give a card party on Tuesday evening,
April H. Come out and get the prize. Cap
tain Rackley is drilling the degree team
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

The usual weekly meeting Of Aerie No
IS was held in the Aerie club rooms on
Thursday evening, President Kennedy in
tho chair After the transaction Of bust
ness a stag social was put on, the princi-
pal speaker being William !. Yeager OF
Chadron. popularity kr owns as billy, the
Bear" He spoke eloquently and at length
on Eagledom and its ideals. He received
quite a reception. The newly-fitted- out
offices for the secretary and trustees were
highly approved Of by the brothers present
of whom there was quite a turnout
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09
Order OF scottish Clans.

Two new men were initiated into clan
GORDON, No. g. order Of Scottish Clans,
Tuesday evening and two more were pro-
posed. \ fine evening OF music followed,
in which many Of the Clansmcn Joined.
Next meeting. April IS. is expected 10 be
large, as tho clan viii elect a delegate 10
the Royal can convention, TO be held at
Boston, Mars. In August.
Cl1nsman Peter Donald and Meta Carson
VIII be 81 the Orphoum this week.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09
Royal AchateS.

On last Thursday evening Union lodge
No. 10, gave its first Of a series of six
card parties, at which there was a large
attendance, in spite Of the disagreeabIe
weather. The first prizes were pieces of
beautiful hand-painted china, a collar but
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

Modern WoCdu,ca OF Amrrira.
'ho triecnial county camp convention OF
the Modern Woodmcu OF America on We'd
nescay Was an enthusiastic gathering
eighteen camps being Represented. yoha s.
King OF Beech camp No. 1854. Omaha, was
chairman ard Frank Jo-os. OF South
Omaha osui No, ll5, was socretary. These
delegates were chosen 70 represent the
county az tho state camp meeting m Ere
mont, on Nay ?: james Mact.er. lS4s. Elk
CITY; George Bower Cl2S. Omaha: Ed
Crev!ston, 1885, South Omaha: =. j. Miller.
4sii, Omaha; W. II. Dorranco. sa5. Omaha:
r. +. Osborne. 9i5, Omaha; c. II. 7. R,epen.
lea Omaha. J. W. Barnett I2l Omaha:
John s. King, lEs. Omaha; f. s. Cr4tch-
field. 1898, Omaha The next session OF tle
county camp VIII be held IN South Omaha
In 1914
An event OF more than ordinary local
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

degree work next Friday night
Ruth Rebekah lodge No. l. will have
degree work at its regular meeting next
saturday night.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

preparatory to a visit to Pansy lodge, No.
p, at Tekamah, April H. to exemplify the
degree work.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-09

hall and be open to all woodmen, tn
families and friends.
Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1911-01-07
REPORT OF THE EXPERTS.
County Commissioners Have
Books of Officers Exported.
Dayton, New, Dec. p, 1910.

DAYTON, New, Dec. Il, 1910.
To the Honorable Board of County
Commissioners of Lyon County, State of
Nevada:
Your experts, duly appointed by
you to expert the books of the County
Recorder and Ex-officio Auditor, the
Sheriff and Ex-offiicio Assessor, and the
County Clerk and x-officio Treasurer,
have duly performed that work and re-
spectfully report:
That they have carefully examined
the books, accounts, papers, and re-
ceipts, and carefully checked the same,
finding the said books, papers, accounts
and receipts of the said officers to agree
i'll every respect.
We find that the Sheriff and Ex- -officio
Assessor has fully accounted for all
moneys received by him belonging to
Lyon County and has paid the same to
the County Treasuser;
We find that the County Recorder and
Ex-officio Auditor, and County Clerk
and FIX oficio Treasurer have kept the
accounts of the county in a neat and
careful manner; that out of hundreds OF
instruments filed and recorded by the
County Recorder, we found but one
omission or failure to account for fee,
and that omission was Immediately cor
rected when the attention of the County
Recorder was called to the same.
In the office of the County Clerk and
Ex-ofiicio Treasurer, we found by the
monthly statemements of that officer
that in some instances he had overpaid
the county the amounts due on settle
ments, and i'll other instances underpaid
by small sums the amounts due the
county-the difference for six years be-
ing the sum of thirty-fve dollars and
forty cents, which amount was immedi-
ately paid by him on his attention being
called to said errors;
WHEREFORE we report that each OF
the above named officers, has acted hon
estly and faithfully toward the county,
and has performed the duties of his of
fee in correct and competent manner,
and is entitled to due credit therefor.
Respectfully submitted,
JOHN LoTHRoP,
THos. F. MACK,
Experts.