davidaulloa/AmericanStories huggingface dataset:
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10
JUDGE R CHARGE.
Gentlemen OF the Jury.

Gentlemen OF the Jury.
The defendants. jose Montcmayor.
AMI others. are put to trial upon an
Indictment returned BY the Grand
Jury convened al the present term,
wherein the defendants. and each q
them are charged with a violation
of the neutrality laws Of the United
States, and with a conspiracy there
tofore entered into. by and between
themselves and others to Violate the
same.
The act or Congress under which
the end count IN the indictment was
founded. ~ known a. section 70 OF
The Federal Penal code. which j.
practically identical with section
52S2 Or the Revised Statutes and de-
%clares. that whoever. within the ter
rito-y or jurisdiction Of the United
States. e~nlists. or enters himself. OF
hires or retains another peson 10 en-
list or enter himself. or 70 40 beyond
the limits. or jurisdiction OF the Uni
Ted States. with intent TO be enlisted
or entered in the service OF any for
eign prince. state. colony. distric. Or
people, a. a soldier. shall ~ deemed
10 have violated said Act. and l. SUB
jected TO the punishment therein pro-
vIded.
The first count ii said indictment
Is based upon section thirteen tf3l
Of said penal code. and 10 all intents
and purposes. is the legislative re-
production OF section 52S6 of the Re-
vised statutes OF the United States.
said acl upon which the said first
count Is based. declares: Whoever.
within the territory or jurisdiction
OF the United States. begins. or sets
IN foot. or provides or prepares the
means for any military expedition or
enterprise. 70 be carried on from
thence tthat u from the United
Statesl against the territory or do
minions q any foreign prince. Or
state. colony. district or people. with
whom the United States are at peace.
shall BE- held to have violated the
neutrality laws Of the United States.
The third count I'm the indictment
upon which said defendants arc now
upon trial. charges a conspiracy upon
the part 81 said defendants to violate
the two sections OF the Code herein
before referred 70 and set ont III All
necessary and material respects and
70 he hereafter treated. briefly or
fully . as from the evidence submit
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10
NO VERDICT YET IN CHAPA CAST


been shown 70 be connected will
the conspiracy.
Col. Jake Wolters closed for the
defendant with an able argument in
which he developed the theory Of q
deliberate frame-u2 against Col. Cha
pa. lie congratulated the jury upon
their patient hearing OF what has
been the most remarkable trial 0l
the kind ever occurring IN the Uni
ted States and expressed regrets that
the assistant district attorney mad en-
deavored 10 lead their minds away
from the cold facts IN the record into
the paths or prejudice. an endeavoi
which did not compliment the INTEL
igence o. the jury nor the good jud
cement Of the assistant district attor-
ney. Passing Ove the matter Of tbs
defendants title which he said was
simply an ornamental adjunct bcs-
towed by the governor upon 4 field
he took up the steps In the alleged
frame-up. explaining that he IN NJ
wise chargde the officers OF the de-
prtment OF justice with any parti-
cipation IN II.
District Attorney Mcdaniel IN the
closing speech paid little attention
70 o~ratorical effect bur hammered
away on the kilograms introduced
By the government and the incrimin-
ating conversations related on the
stand.
All talk OF a frame-up he insisted
was without foundation. The grand
jury preferred these charges thirty
days ago on good evidence. which was
sufficient without any frame-up. lie
referred to Chapa's testimony that
Sec'y ar State Mcdonald and Asst
Attorney General Lane were present
al the Colquitt-Reyes interview. call
ing to the attention Of the jury the
testimony or private Sec'y Bowman
that no one was present except the
Governor and the Reyes party. That
Magnon did not know Of Chapa's
connection with the conspiracy PROV
e. nothing. he said because IL Is pre-
posterous 10 assume that everyone I'm
such a conspiracy should know ev-
cry0ne else.
Showing the prominent part play
"a ny Quirroga. the district attorney
asked II II was possible to believe
that his business partner and close
friend Chapa did not know OF the
conspiracy in which Quiroga was en-
gagged.
For his part. he said he feels sails
fled that the defendant knew all
about the conspiracy. While Mr.. Cha
pa. may not have talked ID Magnon.
Judge Mcdaniel said he Il convinced
that the defendant talked to Gen. Re-
yes II Il not possible that A. could
hive been 30 intimate with an the
participants and not know OF and
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10

tea TO you under the direction ~ the
court may seem proper and essential
for your deliberation and guidance.
The conspiracy alleged " haye
been - entered into Dy said defend
ants Is inhibited on section thirty
six 1867 Of the Criminal code. udner
the head or crimes against the gov
eminent. which declares " two or
more persons c~oEspIre. either u COM
init any offense against the United
States. or to defraud the United
States ii any manner or for any nur-
pose. and one or more Of sucn parties
do any act 20 effect the object of tue
conspiracy. each Of the parties TO
such conspiracy shall be guilty and
subject % punishment a. I'm a~liprna-
tive terms therein set out. This Sec
ton Is but the legislative declara-
ti0n contained In section 5I4O of thp
Revised Statutes You viii observe
that this section t3Bl embraces with
IN its denunciation two separate or
lenses CD conspiracy X commit an
oflense against the United States.
f2) Conspiracy ID defraud the United
States IN any manner It's the first
announcement. III relation 10 and
connection Kith counts one and two
Of said Indictment. which invites and
Is submitted for your determination.
In order that You may have n lar
ger view OF the neutrality laws OF
your country. and their general APP
plication. it is deemed pertinent and
proper to say that the congress for
the original states. decm.ng II the
part OF wisdom and responding u "A
situation then pressing the public
mind and national conscience. en-
acted III 1874. the first legislation I'd
preserve and protect the neutral
p0ise and attitude of this government
IN is peace relation with foreign MAJ
tons.
The act itself applied i'm the first
legislative instance to the inhibition
OF it's terms hy citizens of foreign
countries and was without direct APP
plication to citizens on this country.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10

Minister " France to stir The synpa-
thies and affections Of the people OF
this country into hostile activity and
conflict i'm behalf Of France
I'm the war between Che latter
and Great Britain and the powers al-
lied against the Republic of France
This situation developed the stature.
The object of the act being to pre-
serve our neutral relations. made OBJ
.ligatgry nv the law IVY nations. there
wv securing and retaining The conf
dence and respect of ail foreign c0un-
tries: the amendment of April 20.
ISIS. enlarged the prescriptive inhi-
bition. and fixed pains and penalties
deemed adequate 10 secure nhserv-
ance. II Was the duty M the Nation
al legislature 90 make the enactment
and the proper discharge or that duty
requires this court. and THIS jury. t0
see that the same is enforced I'M this
case. should VI NV determined under
tu ana Nm. sYhmttt.a
N, wi, tb.. th. ann. b.. h.., VA.
t.t.1 r-ra.- +h. r,t.. oht,yrt,~
bars W. viol,t;on .r no,-xyolati,,
w for v,pr sole d.r.rmin.tio, ,,a
,bis a-.c,.r.+io, sho.rd ,,,o,a -,a WV
with ,on Y, vo,r e,.rr d-oiiho~.tfon
,no, a.h., vor- v.rdic, sh.r y.
y obiipation unon tha mart nf
this country IN Ifs larger ana mn
tionai nh.an A. Am make N dtm.ult at
am time. ~ .n man residing ANN ny-
territorial limit uhothrr nur-rftiyn,
or fnraipn ritiy.r fr-farariIv brr.
w arun~. ir tba vf,lati.r ,r p-atinYat
Law pnna ,bn 49, N, NJ th. violation
charged rel.te ,o tbe neutrality Iaw
From th. sectgo, npo,aa gr thc ar
tar n.r wv this char.o sar. hoi,o
Sactio, w " ~ cod. u,,, which
NV second cam. IVY based rou NTH
oh-arre thai ~ corornmonf urdor.
49,. ..+-.s, ". .f.f..ns .
ali others within its territory or Am
rf.diction frnm orli..fnr .rtnrinp
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10

have been connected with the con-
spiracy.
In closing. he asked for 4 verdict
n guilty not because the govern
ment needs q victim but Because the
testimony warrants such q verdict.
Promptly al twelve o'clock Judge
Burns began his remarks 10 the jury.
His charge I'm full Is as follows:
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10

M
tent and such prospective aerrin
should he wholly restrained, and M
giving force and effect to thia fleN
Mr. Justice Campbell ii 1855 in thA
case of thc United States rsl Genera
Quiftman. required n heavy bond
GAN executed hy thn said general, go
ditioned than hc should mot dem
enc United States in violation nf
national peace. t0 make war upnu
Spain and her territorial possessions
NV au alleged attempt WV meet p0pu-
lar favor ana clamor Recurring vi vl
armis lhc freedom WY the island uF
cuba H IKE protecting should hs
followed in other Jurisdiction. the
peace and quieiude os countries,
~neiEhhoring upon our borders, nar-
t%icuiarig Mexico. may MAN NOR ado-
.Quatcly secured in fhis Jurisdiction
every LEGAL authority permission
available win he employed to that
end.
The law rrusumcs that all parties
charged with crime arr Innocent un-
tl their guilt is established beyond W
reasonable doubt. if YOU have Y rea-
s5uabic double from thc evidence W
WV Ihe guilt of thc defendants. then
as Ky such defendant wv defendants.
YOU viii hnd a verdict in his or their
favor.
Upon the first count oi The indiei-
mcnt. / have Chm honor MA advise. that
TX you believe from tho evidence, hc-
you'd n reasonable doubt, that on or
about thc time. or within fhc months
Anil October. November and ncccmh
cine defendants named in thc indirt-
mems. dld. within trTs iurisdiuti. WI
and within the United states. oi
which This jurisdiction WV w part. bc-
gin Or sct on foot. WV provide 0r prt-
pare thc i0r " military exr
diiiOn wv enterprise to be carried on
from thence chat is from thc United
Statesl against the Republic of Mes
ico. thc State or states and fhc nen-
nle thereof. then You will end thr
defendant. or defendants. sa hcein
ning, setting nn foot. providing nr
preparing the means. if amy. tn iur-
thor said r~vrmNMHfnm wmNfHrH mM NMmmM mn
The Hawaiian gazette., 1912-06-25
BALTIMORE DECKED OUT FOR
DEMOCRATIC CONVENTION

BALTIMORE Maryland June 2The of political interests shifts
Baltimore and Baltimore knows it, The city is
gala which will
night with
carnival spirit in the
bunting of red, white,
national
In the harbor add another touch
gz Uncle SANS
at the convention, and little
81 o
While the oymakng going last night the Democratic
leadership working overtime
Of the be decided at the Demo
convention that disrupted the Re-
PH convention last week they and difficult and the committee
has fopsdt t. nan
practically decided blythe almost certain selection
Parker, presidency
Yorte3
and ft1s denied
Jennings opposed
insisted that
progressive The fight will be
se1aity today committee will again
Of Texas, aforementioned possible
in the fight for the selection of Parker Kern it will be
rezl Byan's running the last national campaign 1t il
win member of the committee
chairman. Mr.
straight his hotel and de
e1 regarding the struggle the Craftsmanship
The Hawaiian gazette., 1912-06-25
CAMPAIGN FOR ARMY
POST CONSOLIDATION
INTERESTS BARRACKS

SCHOPTRLD BARRACKS, June %.
Omeefs Of the various organizations
posted at I,eiiehHa are at present great
ly interested IN = series of articles be-
ing prepared ~ Secretary Of War Slim
son embracing the needs and conditions
Of the army and reviewing the neees
sary changes as recommended by prom
inent army officers.
An extremely big point made is the
need Of concentration Of the Army at
certain number Of brigade posts in
stead Of a number Of little and useless
ones which aEe maintained only for Pc
IitIcal reasons and add enormously to
the expense Of handling the forces.
IN the leading article Of this series,
MAJ. Gen. Leonard Wood says: "a
sound military policy demands the con /.
eeBtFatiOn Of larger tactical units in
strategic areas as an urgent necessity;
81 q measure tending not only 10 the
economical administration Of fhs Ar
ny, but 10 great increase in its ef-
GeieBey. The fault Is not with the Of
1issEs or with the men. They sIe ex--
eeIlsbt, II IL the system under which
NE are serving which IL at fault,
Conditions previous to the Spanish
War Gaoe IL nseessary 20 maintain
small army posts IN out Of the way
places; some even At tins late date were
Deeessjfy, many were kept up simply
fOf political reasons and all maintained
- ~ enormous expense.
Alter discussing the earlier status Of
the Army, me same writer says
''fbe Dsesssity for change compelled
~ abandonment Of many Of the small,
- AMI more ont Of the way posts and
TIE a1Opti0E 0f q larger type Of mill.
tsTg post ~ station, Many 0f the old
sBd unnecessary posts we're rebuilt 20
accommodate he increased Army
wiliet ba1 been enlarged from 1900
~ jOgO0g.
{" tltfTfDO N ne existing siTty. four
aTUy yysfs afs recommended fOr pffna
nsgt Oeegpaf1Og, ibifiesg fof temporary
pse nm fle establishment ~ seven nfN
JpsiF without ffRsm ~ military nsees,
fliy, - fonEl1ffsiloH Nas given i0N,
go che fnfifni coordination 81 fbs
different hHDfhfs NJ fbs army ~ ~
fbe pfgpgdlog ~ ifggps fof tafilesl
fnHifpfilan ~ fMfifni eWsfRepfF.N
~ sumHluF W fhf pffsfni needs ~
ibf hfmgi BHl. Dep WDgd eenUHpesf
- hlnef 49, establishment ~ fhf eeH.
sfai HHh iieff bHs DfeH NffdHql bni
fuEf WtFiaiflWl0u ~ ffnfIufWi Hnf
l4seH gAg ils leHft ~ concentration
~ uJHlHE fpnfH f4f fHfffHl cod
HfHifNfHl pHfIHfff $40 been HfRf1
Hl4H inflfHnNR fDfff NNu bfaf ~
tfH1J HDa NJ 100 fAH HHffaHf lAIIf
~ ~ es1 department aNa 40 RfAffal
fiHn
iif nHb ne egeH ~ Ut fsffe
faff ~ eaf = latff sl0a aHdt ~
iia fi ~ ~ flf HfnmH san. aH4
H#n 49, fffamNHNasiINHH ~ Ihaf
a4f aHe taHeHfl ilHi ~ Ann
~ lpheefiiMi9 ~ NifsifFf sffsa IA
The Hawaiian gazette., 1912-06-25
MAYOR
DIES SUDDENLY
John Fern SuCCumbS to Short
IIIneSS-FuneraI Services
This Afternoon.
lrrom Monday,s Advertiscr.l

After an illness of only five days,
John Lipine Fern, turnkey at the po-
lice station and brother of Mayor
Fern, died at his home on King street
EVA of KalalSaua avenue at ten..thirty
o clock yesterday morning. Death was
due to liver trouble. He was taken i'll
last Monday evening, but it was not
believed that his condition was serious.
He was 81 years old.
For the past twenty-eight years Mr..
Fern had been a resident of Honolulu
and for eighteen years was a faithful
employee of the old tramway company
For the last four years he had been
turnkey at the police station. At al
times he was a steady worker and the
friend of everyone.
Mr.. Fern was born at KaluaihakOko
Maui, where he spent his boyhood
Later he moved to Hawaii and then IL
this city where he has lived ever since
A widow survives him and two chill
dren by a former wife, son who il
now living in San Francisco and 9
, daughter who lives here. He also leaves
two brothers, Mayor Fern and Henri,
Fern and two sisters, Misses Caroline
and Isabella of this city, and on,
brother, James, and two sisters, Mise
Elizabeth and Mary Ann who live il
Hawaii.
The Hawaiian gazette., 1912-06-25
.BARDANNAS ARE
BATTLE FLAGS
FOR ROOSEVELT
Delegates Wear EN- on Their
Arms When Party Is
Formed.
BREACH IS PASSED HEALING
Governor Johnson Told to Go
Ahead With His
Plans.
BREACH is PASSED HEALING

CHICAGO, Illinois, June 24.--Tho
city is still in the throes of political
With the Republican ma
tional convention thing Of history,
the interest centers for the time being
upon tho formal announcement of the
formation of a new progressive party
by Theodore Roosevelt and the men
who are behind him. The initial steps
toward tho actual formation Of the
party were taken last night.
The Progressive party was dedicated
in the presence OF about five hundred
leaders and delegates. These were
made up of the 344 delegates
who bolted and the Roosevelt
delegates who failed to pass the
Republican national committee, Gov
ernor johnson of California one
of the most prominent figures in the
formation of the Progressive party,
was empowered to appoint commit
tee of seven to confer with Colonel
Roosevelt and lays plans for the actual
launching of the new party. Governor
johnson made an announcement TO
that effect after the meeting last night.
That the leaders in the new move
ment ara intensely in earnest was evil
denced everywhere and in everything
they did. Former Secretary Garfield,
enc of the Colonel's warm personal
friends, declared last night that 'those
who think that this movement TO the
establishment of new party is a
fash in the pan are most woefully mis-
taken"
M. .,.-.xA.... - Fao,,ar,.o,. rrodIoxy
of Missouri, one of the leading pro-
gressives in the country, without hav-
ing made any declaration, has caused q
great deal Of speculation in and around
the headquarters of the new party
here.
Already the new party has adopted
battle nag. When the delegates as
sembled last night they all wore BAN
danna handkerchiefs bound around
their arms. other handkerchiefs were
distributed among the crowd. Asked
regarding them Governor johnson said
that they are to be "the symbol Of the
new party, the symbol Of the pfziT
people,
johnson will leave today for Cali
fornia and Colonel Roosevelt for oys
ter Bay. Neither Of them would dis
cuss the report that Democratic vice
president will be named as Roosevelt't
running mate on the ticket OF the Pro
gressive party.
Congressman Mckinley, who man
aged President Taft's campaign fol
the nomination, said last night that he
is "most optimistic of the outcome
Speaking Of the bolt of the Roosevelt
delegates, he said: "Oh, well. A man
Who has been defeated will do many
peculiar things" He predicted that
the Taft-sherman ticket will win by q
good majority.
The Hawaiian gazette., 1912-06-25

two or possibly three groups on the Pa
eifc Coast between Puget Sound and
Los Angeles; at least two groups be-
tween the Great Lakes and the Rio
Grande; and three on the Atlantic ana
Gulf coasts.
90 No group should contain less than
brigade of infantry, with proper
proportion of cavalry, field artillery
and special troops, and at least one
group shall contain a full tactical di-
vision. Proper tactical training de-
mands the combined use of the three
arms, and this can be secured only by
massing the troops of each group in a
single post or in several posts within
marching distance of common center.
IN addition to these detachments of all
arms there should be. at least two indie
pendent cavalry brigades.
"This means the giving up of many
stations dear to local communities, and
doubtless much opposition will follow
but if true economy and real efficiency
are to be our guide, this eventually
must be done.
Concentration is being rapidly eff
feeted in the Philippine Islands and the
new construction in the Panama Canal
Zone and Hawaii are examples of eco
nomic strategic distribution at points
where the need will be most felt in
time of need"
The Hawaiian gazette., 1912-06-25
''DARROW HYPNOTIzES
States WITNESSES"
DECLARES ATTORNEY

Los ANGELES, June 24.-The 'cul
mination of week of sensational
events in the trial Of Clarence Darrow,
charged with bribery of juryman in
connection with the trial of the McNa.
mara brothers for dynamiting the
Times building, came late Saturday af-
ternoon when District Attorney Jofie ID.
Fredericks made a sensational charge
against DarrOw in open court. He as
serted that Darrow had used hypnotism
on several state witnesses in the pres
emit bribery trial in order to influence
them to testify in his favor.
The entire courtroom was thrown In
to an uproar of laughter by this aecu-
sation on the part of the district at.
torney who Is conducting the ease
against Darrow which has been in prog
ress for several weeks. The ease was
proceeding along with the usual rou-
tine of questioning witnesses followed
by answers on their part and later
ross-examinations by Counsel Rogers
and other lawyers for the defense and
the charge fell like bolt from a clear
sky
Lawyers on both sides of the case
laughed outright, the jurymen them.
selves were cOnvulsed and even Judge
Hutton, before whom the case is being
heard, was unable to restrain himself.
The large audience in the courtroom
created regular uproar, Even J. Har
rington. the witness on the stand. who
was testifying AT the time, laughed.
when all WIS quiet again and only
smiles remained on the faces Of all in
the courtroom, Judge Hutton an.
nounced that he would not recognize
hYpn0iiam as "A power In influencing
the witnesses Ia the ease. The trial then
adjourned for tho dHy aud the big aud.
ieneo filed out laughing
The Hawaiian gazette., 1912-06-25
SECRETARY HILlEs TO-
HEAD COMMITTEE

CHICAGO, June 24.-Powell Clayton
Of Arkansas was today made temporary
chairman of the new Republican nation
al committee. When the national com
mit1ce convened subcommittee of nine
was appointed 10 confer with President
Taft and ascertain his wishes as to the
chairman Of the campaign.
After the conference another meet
ing win be called.
Charles y. Hilles, private secretary
TO President Taft will probably be
made permanent chairman Of the Re.
publican national committee. Iilles'
ssleetion by the TAFT forces is regarded
~ certain now.
The Hawaiian gazette., 1912-06-25
WAlMEA NOW FACING
SHORTAGE OF MEAT

Waimea is facing serious beef
famine according TO report just re-
ceived in this city, The scarcity of
beef cattle in the district, it is report
ed, will be more keenly felt in the fu-
ture as a result of the recent setting
aside of the new forest reservation.
The forest forms grazing ground for
a large portion of the present supply
of this land means that all cattle must
be driven out TO the slaughter pen.
The Hawaiian gazette., 1912-06-25
PROMOTION COMMITTEE
IDEA ALL WRONG, SAYS
CORNELL PROFESSOR

at seems 10 me that the ex.
istenee Of a promotion commit.
tee Is all wrong" said Professor
l., A. Waite Of Cornell University
who, with his wife, has been
stopping of for n month IN the
Islands "lnstead there should
be committee whose duty II
would be 10 conceal the beauties
aud advantages NJ the Hawaiian
Islands, for n the people on the
mainlnnd really understand the
beauties and advantages Of this
TerfiiorY In a few years the rush
will BIZ 20 RTeat that there viii
not be- standing room
Professor Waite ana his wife
are iusi completing q tour 0f tho
world, and after baYpR iriied
s0 many beautiful nni interest.
inR places ia the world This oulo.
NHilr oppression ~ opinion
nD1nH afeHf deaf
"NfH waite hnd 20 said ihe
pfDffss0F hhafe enjoyed our
flfIi ~ "a month effeodiaglY We
hove fff failf0fnlH 0n ihs TonY0
NHn pa TafsdHf p
The Hawaiian gazette., 1912-06-25
LAND FOR SCHOOLS.

The Waimea plantation has just do.
mated 1890 square feet of land to the
department of education for school
purposes. The strip is forty feet wide
and 100 feet in length and adioins the
present school grounds. New buildings
will be erected during the summer va.
cation. The site is now being cleared
All the cane is being removed.
The Hawaiian gazette., 1912-06-25
LUNA DYING.

A Korean luna employed on the Ku.
kuihaele plantation who was shot in the
left shoulder by one of his fellowmen
last Saturday, has been in the hospital
at Kohala, and is not expected to live.
The man who did the shooting was ar
rested.
The Hawaiian gazette., 1912-06-25
BUFFALO HORROR GROWS.

tiiIAifl, taHf ~ hfiffa b0aiss
~ ~ HsHB 9f0HNfa Nv ihf collapse
~ iif HnHHf efff iAs hlHRhfH Mbff
bsff Iffg fffafWfi TAf iaiHl anad
sf8 miaHaf D HeH illfif
The Hawaiian gazette., 1912-06-25
FLAMES MAKE ONE
THOUSAND HOMELESS

qbEsEf, Canada, June 25,- Flames
ablgb 'agisbsd tbe iitle town Of Obi
tilm laf wight duYe more than
egf iligpsHnG pesllf epi ~ their homes
sH4 1fsifeffl r., tHlldlnga, ALMOST Hli
iiIf HfsfiHfts 10 ilf plhr0 Tla prop
Hif G4mHgf HaH Complementary heHYg