davidaulloa/AmericanStories huggingface dataset:
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-09-01
t'Iif RENT

RATE one cent word first inser-
/ lion. One-haif cent word each sub
sequent insertion
FOR RENT-Two nicely furnished
rooms for light housekeeping, mod
ern conyeniences sos Van Buren,.
259-3p
FOR RENT-Five room house on car
line Good barn. Phone S32. 259-4p
FOR RENT-Nlcely furnished rooms
in modern home. close in, convent
ent to boarding house; price reason
able. 500 Harrison. 259-tf
FOR RENT-One furnished bed
room for gentleman. and unfurnish-
ed rooms for light housekeeping. go
buchanan. 244tfc
FOR RENT-Close In. nicely furnish
ed modern rooms; gentlemen pre-
ferred 1000 Tyler street, or phone
1915. 229tfc
FOR RENT Three furnished mod
ern rooms Phone sos or call 10
, Harrison. castle
FOR RENT Servants house. to
some one who will do laundry work
for the rent. Inquire 1917 Fill
more. 24Gtfc
FOR RENT-3-room house for light
housekeeping COS East Eth. 2Oltfc
FOR RENT Furnished rooms. 9Ol
Polk street. 25S-6c
FOR RENT-Two furnished rooms
for light housekeeping, modern. 1904
Pierce street. Phone 1147. 25S-3c
FOR RENT-Three rooms. 1913
: Fillmore. 256 SD
FOR Nicely furnished room:
close in, modern. Apply 10 +. C..
Brown, postoffice 25itfc
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08

4 marillo, Tex. Dec. I, 1912.
In my last article discussed the
statutes prohibiting the trial Judge
from intimating to the jury. trying
q criminal case. what his opinion
might be OF the testimony and the
rigid requirements OF the Law that
his charge TO the jury shall be per.
feet document and applicable 10 ey-
e-y issue raised by the pleadinss aud
the evidence Taking up where Ne
left off in the above communication
let us continue the discussion a lit
tie further
Article S37, Code Criminal Proc,-
dure (l9ll) says: New trials. In
cases OF felony, shall mot may b.
granted for the following causes. aud
for no other and nine grounds or
subdivisions are set out, but ! shall
only discuss the second subdivision
which reads as follows. Where the
court has miscredited the jury as to
the law, or has committed any other
material error calculated TO injure
the rights of the defendant AC-
oording TO this statute IL the court
has misdirected the jury as to the
law" a new trial shall be granted"
Notwithstanding the record may full
ly show the defendants guilt. be
yoad reasonable doubt, and that ~
other reasonable and righteous YER
dict could have been rendered. Tn
der this statute many reyersals OF
convictions have been granted by the
appellate court, and the guilty par
ties obtained acquittals at the next
trial, for II Is safe to say that in
three out of every four reversals the
defendant Is acquitted AZ his second
trial. Why should a new trial be
granted when justice has already
been done? II start to Fort Worth,
Dallas or any other place it matters
not what route or the mode OF tray-
ell use In making the trip. when
| get there | am there. Just SO It
should be in the trial OF case. II
justice has been done let the case
stop right there. for justice is the
goal. Let the laws be so shaped As
TO compel the appellate court TO eX-
anime the record and first determine
whether or not justice has been met
ed out in the trial court, II it has
then let the judgment be affirmed
Tcchnicalities have been the loop
holes through which many guilty
criminals have escaped justice. The
laws seem 70 have been shaped with
the sole object Of protecting the de
PENDANT Let common sense prevail
IN the law making department. The
commonwealth, the people, the body
polite, the state. II you please
should have some rights In tn,
courts OF the country as well as Ia,
law breaker. The law throws
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08
GRANTING NEW TRIAL
IN MANY CASES WRONG

around the defendant the presump-
ton OF innocense until his guilt Is
established By legal evidence beyond
reasonable doubt" which is all
right and proper. but when his guilt
Is so established make IL stand for
something. 4 mere reference 20
the Burrell Oates case Is sufficient
To draw a derisiye smile from every
one who favors a reasonable enforce
meni OF the criminal laws. No one
who has heard or read the facts OF
this noted case seem TO doubt the
Negroes guilt; and six jurles gave YER
diets Of the death penalty against
him. Four times the appellate court
reversed these convictions and every
time on technically; one new trial
was granted by the trial court, and
at the fifth hearing on an appeal the
verdict was affirmed. Absolutely
the case could and should bave been
affirmed at the very first appeal be-
cause the record furnished indisput-
able evidence OF guilt This case
was held in the courts for eight years
under our technical system OF court
procedure, and no doubt cost Tho
state and Dallas county more money
than would have been required to
purchase fifty negroes. equally as
valuable as oates. in the DAYS OF sla
very.
Article 1872, Code Of Criminal Pro
cedure G91D is another statute
which has perhaps cost the state as
much, il not more money In the way
OF appeals and reyersals, than any
other article of the Code II read'
as follows: II defendant, prose
cuted for an offense which includes
within IL lesser degrees, be convicted
OF an offense lower than that fol
which he liz indicted, and new tria
be granted him, or the judgment be
arrested for any cause other thai
want OF jurisdiction, the verdict up
on the first trial shall be consideret
an acquittal OF the higher offense
but he may, upon the second trial
be convicted of the same offense Of
which he was before convicted, oil
any other inferior thereto" Car
any sensible and Just reason be Of
fered In support of this law? If {
man be tried for murder and Is con
victed of murder in the second de
gree or manslaughter, do not deny
him the right TO move for new
trial, and II denied, TO appeal hi
case; but where new trial is grant
ed. or the conviction reversed by the
appellate court let the conviction
stand the same as II no trial haC
ever occurred. The defendant shoul,
not be permitted to avail himself o
the benefits OF the acquittal Of tn,
higher grades OF the offense unles
he accepts the conviction OF the low
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08
500 Reward, 500

The readers OF this paper will be
pleased to learn that there Is at leas
one dreaded disease that science has
been able 70 cure in all its stages.
and thar IS Catarrh Halls Catarrh
Cure Is the only positive cure now
known to the medical fraternity. Ca
tarrh being constitutional diselaa
requires constitutional treatment
Halls Catarrh Cure Is taken inter.
nally. acting directly upon TIE
blood and mucous surfaces OF the
,"s'm. thereby DESTROY x
.ds'ion g the disease, AMI .hihs
patient strength by building up the
constitution and assisting nature IN
doing It's work. The proprietors hay,
so much faith in its curative power.
that they offer one Hundred Dollars
for any case that II fails TO cure
Send for list OF testimonials.
Address +. j. Cheney q Co. Tol
edo. Ohio.
Sold by all Druggists, 75c.
Take Halls Family Pills for con
stipation.
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08

or grade. II new trial be granted
or the conviction reversed let II APP
ply to the whole case. and not to n
part OF Il. Let the law be Just be-
tween the state and the defendant.
As II now Is. II the defendant be con-
victed OF lower grade OF the Of
Tense charged against him. he stands
acquitted OF the higher and there
fore In moving for a new trial or Sc
curing n reversal on appeal he has
all 10 win and nothing TO lose. Repeal
the above statute and the defendant
will hesitate TO appeal or move for
n new trial where the testimony Is
strong against him and the chances
favorable. on another trial. for con
viction OF higher grade of crime.
am only contending for even hand
ed justice between the commonwealth
and the law breaker
II is contended by some that the
changes ! suggest In this and the
article OF last week ought not TO be
made because there are some few
very one-sded. partial judges and
they would become practical tyrants
on the bench That possible contin-
gency can easily be safe guarded by
the enactment Of law 10 this effect:
II the defendant fue his affidavit ia
the effect that he believes the judge
TO be prejudiced against him, or for
any other reason he does not believe
that he can obtain a fair and impair
tal trial before such Judge. let that
he sufficient to disqualify the judge
from trying the case, and let II be
tried before another Judge. Let the
judge have no discretion about It
but let him stand absolutely disquall-
fled TO try that case when such affi-
davit is filed. believe in a fair
trial al all hazards
]. y. BROWNING.
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08
SilEI,lFI"S SALE
STATE or TEXAS,
COUNTY OF POTTER

STATE OF 1EAAS,
COUNTY OF POTTER
BY virtue of an order OF sale issu-
ed out OF the Honorable District
Court OF Potter County. on the eth
day OF December a. ID. 1912. by the
clerk thereof. I'm the case OF T.. T..
Baker versus e. J.. Timmons. w. s.
Roberts. j. +. Nicely. ID u. Nicely and
VI. NJ. Nicely, No. 1873. and TO me. as
Sheriff. directed and delivered.
will proceed TO sell, within the hours
prescribed by law for Sheriff's Sales,
on the First Tuesday In January A.
ID. 1912, 1t being the eth day OF said
month, before the Court House door
OF said Potter County, in the city OF
Amarillo Texas, the following de-
scribed property, to-wit
Lots !. 2, 3, and in Block 3Sl,
OF the Mirror Addition to the city OF
Amarillo. Potter County Texas, ac-
cording to the map and plat OF said
addition as the same appears of rec
ord In the office of the County Clerk
Of Potter County. Texas, which rec
ord is hereby referred to and made
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08
New Ocean Service for Boston

Boston, Mass, Dec. 7.-Boston's
ambitious plans to become one OF the
worlds greatest seaports were adj
vanced another step today, when the
Port Directors opened bids for the
construction OF a $2.000,0 pier for
the use Of the Hamhurg-Amorican
Line. According to the terms OF
a contract already signed the steam
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08
A Want Ad In the Daily News vii
rent that vacant room or house.
Toy Dog show Opens I'm New York

Toy Dog show Opens In New York
New York, Dec. 7.-Several hun
dred dogs. each boasting a line OF
blue-blooded canine ancestors. were
admired and petted by society at the
Waldorf-Astoria today at the open
ing OF the tenth annual show OF the
Toy Spaniel Club OF America. Tiny
Piekinese spaniels. naughty blen-
helms, Japanese spaniels and English
and French bulldogs OF the smaller
varieties. some OF them worth their
weight In gold. we're included in the
display The show will continue to-
morrow afternoon and evening.
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08

part OF this description.
Levied on this Eth day OF Decem-
Der 1912. as the property OF c. l..
Timmons, w. S. Roberts, J L. Nicely,
ID. h. Nicely and NJ. NJ Nicely. TO sat
isfy Judgment amounting TO s2566.4b
In favor OF +. +. Baker and cost OF
suit.
Given under my hand. this TN
day OF December A. u. 1912.
W. NJ. BURWELL,
Sheriff Potter County. Tex.
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08

vice between HAMBURG, the Channel
ports and Boston on or before May
I Of next year.
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08

ship company is to be given the free
use OF the pier on condition that II
establishes a regular passenger ser
Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1912-12-08

II you are not feeding Ameco
your chickens are losing prop
osition. Ask your grocer or
dealer.
La Junta tribune., 1912-11-02
Mers sssisssesIsn.

Garrett. Kan. O,tbber -. 1912.
Dear Sir: Yours Of October I'D
at hand aud contents noted. l will
Try to answer your questions to the
best OF my ability and ~ see u.
l have lived In kanxas thirty years,
and yet have the first time to feel
the need of = saloon. Anyone that
says that prohibition 10 4 failure in
Kansas. is either not posted or they
are trying - mislead the people.
will admit that kaasas has spent
lots OF money enforcing the prohibi-
ton law. but she has been victor ioux
and she stands today Al the head In
good schools and churches Of any
state In the union.
| VIII now answer your first Ques-
tion. Rowdyism is practically un.
known In our city. We do not aver
age one arrest month for drunken.
ness.
1t Is harder u enforce the prohibi.
NDn law thal any other law.
The present Law has the liquor peo-
pie too scared to take chances with
I, for the reason that the second Of
Tease is a penitehtlary offense.
Very little poverty here could be
traced To liquor We have our poor
people. Of course. but they are not
made so by the saloon.
The financial prosperity OF our city
Is good. the people in our part Of the
state are well satisfied. Re-submix-
sion would stand no show here.
do not know of anything the
present generation could do for the
coming generation than TO stamp out
the liquor traffic. II you put the
saloon cut CT sight OF the boy he
certainly will not have any desire
tor liquor. ] am sorry ! haven't time
to go into details more fully on this
subject. but perhaps what | have
written will give you some Idea OF
the question at hand. and In clos
ing ! aish you and your co-~orkers
unlimited succf So In your work at
hand II can be Of further use TO
you will be glad to render you all
the assistance possible
Very truly yours.
W. JONES.
Mayor
La Junta tribune., 1912-11-02
Liquor Men Opposed TO the Law.
Sincerely yours.
ROBERT GORDON

Wichita. Kan. October. %. l'l2
Dear Sir; Relative to yours OF
N. 22d. will answer briefly a. fol.
lows:
In this city the prohibitory law is
being enforced. II Is more difficult
to enforce the law AGAINST, liquor
than against theft and other crimes
The liquor people are very much OPP
posed to obeying the Law. The ct
feet OF prohibition decreases crime
and poverty. our city 10 In first.
class financial condition. Sire by
census OF 1900. es.ooo. presen, popu
lation over $4,000
\ portion Of the people are sat.
isfi.d with tn" prohibition law. 9th.
ers are much opposed TO I, which
tends to keep us In constant tur
moil II IN. question VAS submit
ted arain | could only answer the
question by III. official coun, Of the
ballot. bu, In my opinion I believe
prohibition would carry.
Trusting that this brief answer
will b. satisfa tory. remain.
Respectfully.
W W MiNicK.
Mayor
La Junta tribune., 1912-11-02
An Old Timer Has Seen Both Ways
Tried.

Lyons. Kansas. October -. 1872.
Dear Sir: Replying to yours Of the
??d instant. will say I have been 4
sident OF Kansas for over thirty
three years that covers 4 time when
We had open saloons. hence I have
had the opportunity Of judging OF the
effects OF the open saloon over the
antisaloon. ! can say sincerely that
there Is not an open saloon In Kan.
sas. and there are thousands OF men
In this state over thirty.two years
of age that have never seen 4 saloon.
and II Is Just as easy to convict a
liquor seller OF the crime OF selling
~hiskey As II Is 4 horse thief or any
other criminal. The prohibitory Law
IL generally obeyed over the state.
except perhaps some liquor Is sold
on the sly in the larger cities. but
violations Of this sort are much less
than those Of other crimss. II the
question were again submitted I be-
lieve the majority for prohibition
would b. three times what II was
originally.
On the whole our people feel well
satisfied with our prohibitory Law
and would never 70 back to the days
OF the open saloon with all its degra-
dations and crime. The effec, finan-
cially has been for good. and all our
people are better fed and clothed. and
have brighter children with fathers
and brothers to be proud OF. instead
of being ashamed Of as many were
under the open saloon.
With my best wishes for your sue.
cess am.
Very truly yours.
r. w. TRuESDEIL.
Mayor.
La Junta tribune., 1912-11-02
be II you please let me know.
Yours respectfully.
J. s. McAULEY.
Mayor.
No Political Party In kansas oaees
70 Expovss the Cause Of Hssve-
miesion.
ol.the. K.ns.. October IS, 1919.

Olathe, Kars.. October 25, 1912.
Dear Sir: Your letter making In
quiry as to prohibitory Law In Olathe
received. We are eminently salts.
fled with IL here. We have little or
no crime II II well enforced here
AZ any other Law. II has brought US
prosperity and public decency. Olathe
has more miles Of bricked streets.
sewers. water mains than any other
town Of its size In Kansas and all
built since saloons went out OF bust.
ness. We have no joints. The YER
diet Of the people OF Kansas would
be- overwhelmingly In favor OF prohi-
bition. We had = test OF this recent
ly In the democratic primaries. Geo.
II. Hodges. the pr sident Of the Reg
lister corporation. was nominated by
plurality OF 10000 over an avowed
anti-prohibitionist Mr.. Hodges ran
as a prohibitiopist. The present out
look IA that he will be elected govern
er However. the republican candf
date is a prohibitionist No poliu.
cal party IN Kansas dares to take up
resubmixsion as an issue.
Yours truly.
J. J. PARKER.
Mayor.
La Junta tribune., 1912-11-02
Growth and Prosperity Owe 10 Prohl-
billion.

Great Bend. kans. October -. ~.
Dxr Sir; Replying TO your inquiry
of m. ed inst. prohibition In Kan.
sas is not "a failure but on the 9th
er hand an unqualified success. The
Law is being generally enforced. prob
ably as thoroughly as any other Law
forced AS any other law. In my judH-
ment. and but small per cent Of
the voters would vote to 20 back to
the saloon again. think this Ia
true all over Kansas. and that II the
question were TO be resnbmitted to
a vote OF the people prohibition
would carry again by an oyer~helm.
ing vote, Our city Of Great Bend
has population Of approximately
five thousand people. and our police
force consists of u day marshal and
one night man. Our city has made
its greatest growth and enjoyed It's
greatest prosperity since the prohib-
itory law has been strictly enforced.
Splendid brick blocks. occupied by
good stocks Of clothing. dry goods
and general merchandise. and money
that formerly was spent for liquor
IL spent for food and clothing and
homes-'ske the places Of the frame
shacks formerly occupied by saloons
Our county poor farm has NO occu.
pant other than the tenant who
farms II. and pays the county the
rent for the farm. making II =
source Of profit for the county rath.
or than an sxpense.
Very truly yours
o. W. DAWSON.
Mayor.
endors. the above.
~ A. HULL.
Probate Judge.
La Junta tribune., 1912-11-02
proh,bs,en Reduces rares. Gould
Not Muster Corporars Guard
70 Return 70 trs Old Order
OF Thires.

Kansas CITY. Kan. Oct sith.
Dear Sir; Yours relating to en-
forccm.nt of the prohibitory Law In
Kansas City. Kansas. AZ hand The
law Is well .nf1rccd and 10 the de-
cid-d adyantag" OF tn. community
Prosperity continues and happiness
consequent thereto Is extended to all
our citizens.
The iaborinr man is well pleased
with conditions resultant to IN. en-
forc.m.nt Of the Law prohibiting the
sale of intoxicanis.
Tn" rate of taxation has been re-
duccd very materially for tn" coming
year. Collections among the AborinE
people are better sine. the enforce.
ment Of the law and they are saving
their money and buying homes.
Tho people are for the enforcement
os IN. law and i'a ON our statute
books To stay.
Graft II eliminated In city affairs
and tn. moral tone Of tho city great.
~ enhanced.
Kansas City. kanaas. would not
return to. the old conditions and
ther~ 10 great pride In IN" fact that
" thh city Of $1,000 inhabitants the
saie II liquor 70 . thing that would
La Junta tribune., 1912-11-02

quiry. should say that ! am not now
on the bench. nevertheless. l may be
able In some measure To answer your
questions.
FiIst-The prohibitory law II b..
ing enforced. Here - some proof.
locally. at least: Whereas some five.
or six years ago there were more
than 100 open saloons In this town.
there Is not now one open saioon.
aad but very " places where liquor
can be obtained ut all. and these
places are 50 secretly conducted that
IL is very difficult to get At them. |
really know OF 10 such places, but
enemies OF prohibition boastfully say
they exist Some five years 20 viz.
orous pros cution Was begun and
many liquor sell rs were put out OF
business ThJusa DIS OF dollars IN
fines have been imposed and collect.
ed. think tne city's situation is
exceptional, as Just across the line
In Missouri. there are several whole
sale whiskey and be r establishments
from which 'boo'ieggers" and such
other disreputsblo venderx OF inton.
icanis can easily get their supplies.
But where formerly were entiCing
open saloons there are now improy.
ed respectable a d prosperous busi-
ness houses. and the general appear.
ance and condition Of our CITY is
vastly improved.
Second-ln view cf long ,stab-
lished liquor business In this com
munIty. 1t is. | should say. somewhat
more difficult, to convict liquor sell
ers In our courts than to convict
persons charged with other misde-
m aanors. but public sentiment on this
subject has vastly changed and Is
changing. Many who opposed prohi
bition would now be decidedly oppos-
81 To return to oil conditions The
officers enforcing the Law have prin-
cipally relied on injunction proceed
ings which have proved d quite eff
cacious.
Sincerely.
WILLIAM DILL.
Counsellor al Law
La Junta tribune., 1912-11-02
Would Co Dry by orea, Majority
FmporIa. Karsns. io-ss. ieis

Emporia. Kansas. 1925, 1919
Dear sir Firs,-will say that
prohibition Is not failure In Kan
sas. We will admit that the Law Is
frequently broken by what We call
bootlcrgors They are a hard prop.
osition 10 handle,
Second-In regard To enforcement
of the law will say Yes" We are
Law abiding
Thrd-We ar. satisfied with our
pres.n, law and | honestly believe
u 4, was r-submiti.I that Kansas
would 40 dry by an overwhelming
majority.
1 Yours respectfully.
EDGAR FESsENDEN.
Mayor
La Junta tribune., 1912-11-02
Prohibition Has Reduced the Sale ef
Liquor Ninety Per Cent
WILLIAM DILL.
Counsellor AT Law

Hutchinson. kans. october ei l2
Dear Sir; Replying to your favor
OF October I'D as TO the ef,e,is q
tn. prohibitory Law In Kansas That
question was settled years syo. |
think prohibition Ia kansas has cur
tailed the sale of liquor nin.ty per
cent.
We has. population OF abou,
2" 600 p.opi. In this city and whil'.
there is some liquor being sold. II l.
s,id by III. "bpot'eg .rs" wlo dodge
around In IN. dark aileys 20 work
their profession There are no such
things a. so-called joints and bars.
run In this city. In the smaller towns
In Kansas OF five to six thousand pee.
pie. there is very little. II any liquor
sold.
II Is trn. that private parties or
der beer from Kansas city aud have
n In their residences. which they
have 4 righ, 10 do under the Law.
but as far as III. general traffic Of
liquor is concerrei there can be no
comparison made b tween Kansas
and Missouri. or any other licensed
state.
In my judgment II the prohibition
question MAS again voted on in Kan.
sas. I, would get at least a. per cent
OF all the votes cast,
Civ. you these facn a. see
them.
Very truly yours.
FRANK VINCENT.
Mayor