davidaulloa/AmericanStories huggingface dataset:
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05
Rehearing is Asked
in the Jones Case

For the first time in the history of
the attorney generals office applica-
ton was made yesterday to the su.
preme court for rehearing in n
criminal case on which the court had
ruled. or the case of the state of Ida
no versus Daniel r. Jones, the cashier
of the Blackfoot State bank, convicted
of embezzlement in the district court
for Bingham county, butt who was
granted new trial and a reversal Of
the judgment ordered by the supreme
court in an opinion handed down a
week ago. The court will within
short time pass upon tho application
which bases it's grounds for re-
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

The evidence was not sufficient to
support the verdict Of guilty and the
supreme court Of this state in an
opinion handed down Saturday night
voverses the judgment of guilty given
against Byrd Trego, editor and owner
OF the Blackfoot Republican, at one
time president Of the Southeastern
Idaho Press association. who was con-
victed in the district court for Bing-
cnunty .of statutory crime on the
person of q former inmate of the chill
dren's home of this city, Nellie Ray.
A. new trial is given Treso by the de-
cisien, which is written by Justice
Sullivan, concurred in by Justice
6tewart and dissented in by Chief
Justice James F. Ailshie. Trego was
sentenced to the penitent.ary for q
term Of from s to rs years.
Case Attracts Attention
The case is ona that has attracted
statewide interest owing to the prom
inence Of Treso, who is well known
as q newspaper man OF the southeast
eFn part Of the state. The court not
only finds that the evidence was not
sufficient to warrant the verdict, but
the evidence Of tho Ray girl is Of
a contradictory nature and that while
under the statutes of this state con-
viction for this offense may be had
upon the uncorsoborated evidence Of
a prosecutrix, where her reputation
for truthfulness and veracity is i'm
peacAed, her testimony must be COR
roborated; that the court erred in the
rejection Of certain evidence; that it
erred in the admission Of certain
evidence; that it is not error for the
court to refuse TO give an" instruc-
ton requested by the defendant where
the principles Of law therein laid
down are substantially covered by
other instructions given.
Facts Briefly Summarized
The case was tried before Judge
j.: M. Stevens and the trial attracted
unusual attention. BY the decision he
is reversed. The facts as shown
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

testimony, the court says:
THE prosecutrix admitted ON the
trial without hesitancy that she had
testified falsely. She also testified
that she knew nothing about sexual
matters until Mrs. Trego gave her
some information after she became IA
years. Of age. The defendant, to show
the falsity by two witnesses, Mr.. and
Mrs. Morton, who had been her teach
ers at the Cole school in Ada county
for about nine weeks, that the girl
knew all about such matters. The
trial court rejected such offered mat
ters.''
1.-THE record shows" says the court,
that after the Tregos had had charge
of the prosecutrix for about two years
and a half, she became unruly and
disobedient and began to stay out
nights and to go to public dances
against their will and without their
knowledge. The time arrived when she
must change her conduct or go back
20 the children's home. Prior to the
time it was determined that she
should be returned to the children's
home, she had told only one person
of her criminal relations with the de-
PENDANT, but after it was so deter
mined that she must return to the
home. she told several persons, or in
timated to them that the defendant
had not treated her right. She did
not want to return to the children's
home at Boise and the record indi.
Gates that since she must do so, sho
desired to vent her ill-feeling in
some manner that would injure the
Tresos.
Evidence Not corroborated
"As view the evidence. the prose-
cutrix was not corroborated ION any
material point on the charge of rape,
and she is contradicted on all the
material points by competent evidence.
1t is clear that the evidence is not
sufficient to warrant a conviction and
that the verdict of the jury was the
result of passion and prejudice and
not because the evidence was suffi-
Gent to sustain it. 1t has been held
in many cases that where the prose-
cutrix on a charge of rape is in no
way corrob0rated and the defendant
donioc tho chorvo and 10 cor-oho-
ated in such denial. the unoorrobor-
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05
BYRD TREGO TO
HAVE NEW TRIAL

by the evidence and summarized in
tho opinion are briefly as follows:
Nellie Ray was an inmate 'of the
children's home. At the time the
crime is alleged to have been com.
mittcd She was in her sixteenth year
and would have been II on the fol-
lowing 18th OF April. and was in her
seventeenth year at the time Of the
trial in June, 1913. In 1910 she was
living with her mother and sister in
Boise, her father being dead. They
were occupying house with another
family. consisting Of the husband and
wife and three children. This came
10 the knowledge Of the probation Of.
ficers. that the place was not pro-
per place to bring up the Ray girl.
She was taken before the probate,
court and was remanded to the care
of the children's home.
Byrd Trego and his wife having no,
children later made arrangements to-
take Nellie Ray into their home at
Blachoot. This was done about the
last week in April, 1910. At that time
she was having spells Of sickness and
q cot YVES placed In the bedroom of
Mr.. and Mrs. Trego. where she slept,
tho Tregos caring for her. There she
became FESTIVE under the authority of
the Tregos, attended dances, ETC., and
finally the Tregos informed those in
charge Of the children's home that
they wanted her taken back. They
finally decided, however. 10 keep her
with them until the end OF the school
year Of 1913
Ray Girl Makes Charges
On or about April "a. 1918, Nellie
Ray made complaint to Mrs. Austin
and Miss Doyle about improper con-
duct on the part Of Trego. On April
20, after she was returned to the
home, she repeated her complaints
and was questioned BY Superintend-
ent Christian In effect her story
was that in February, 1911, and in
October, 1911, Trego had kissed her
and had tried to be intimate with
her; that on tor about Nov. 30, 1912,
he actually had criminal relation with
her. Most Of the evidence given at
the trial is unprintable. The girl and
numerous others gave testimony and
strong denial was entered by Trego
and Mrs. Trego to the charges and
the girls story.
The opinion discusses the evidence
deliberately. Speaking with reference
to the denial made by Nellie Ray at
one time of the story she told, to SUI
perintendent Christian, the court says:
Court Reviews Evidence
1T is not surprising that Mr.. Chris
tian should, after the girl had posi-
lively denied the criminal relation that
he should start a prosecution that
must of necessity so greatly affect ad-
versely the future life Of the girl that
had been placed in his charge for
protection It is laudable to prosecute
criminals, but under the circumstances
of this case. when the result Of the
prosecution might blast the life 'of the
girl, whether the defendant was con-
victed or not, it would seem that the
serious results of the case would have
caused him to hesitate and consider
we'll whether his greater duty lies in
protecting the girl or in attempting
to punish the defendant"
Had Testified Falsely
Again referring to the Ray girls
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05
hearing on errors.

hearing on errors.
ed not little attention from the time
of Jones' arrest up to the time the
supreme court passed upon his ap
peal. The particular offense with
which he was charged was the EN-.
bezzlement of $1,000. The case was
bitterly contested in both the su.
prone and district courts, through
which tribunals it passed. The state
failed to make the conviction secured
hold good in the supreme court, but
believes that the issue should be re.
opened on rehearing SO that it can
again be presented.-Capital News.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

Phone 355. McVicar, regarding hour;
for dancing lessons. Class and pri-;
vate lessons evenings by appointment.
Cali or phone. Boyle Building. adv.i
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

Subscribe for the Optimist.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

Facts Briefly Summarized
The case was tried before Judge
j: M. Stevens and the trial attracted
unusual attention. BY the decision he
is reversed. The facts as shown
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

PALACE DRUG STORE
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-03-05

Again referring to the Ray girls
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

keeping. The rebel captain appeared i'm
the store aud saw what the storckccpcr
was doing. Immediately he left To get
men 10 help in the raid.
The merchant feared that n raid would
he planned. lie went To Mission and
placed his money in the bank. During his
absence his home was raided and his
family thrown into prison.
Nillascnor first came "a Houston but
later he returned 10 Mission 10 make an
effort 10 secure liberty Of his wife. DE
Ia Pcna and a lawyer met him in Mission
They told him that in ease the 5000 was
not surrendered to the rebel captain Mrs.
Nillasenor. her sister and the children
would he shot.
Niila>rnor was made 10 sign a state
ment that the money in the Mission bank
was the property Of the rebel captain. lie
WAS also forced tn sign a check for the
full amount according 10 his story.
Before the check could he caShcrl Vii
laScnor received 4 telegram from his wife
stating that she had been set free and
that she was ia the United States. Pay
mnt vas stopped in the check.
DE III rcna demanded the money and
the bank refused to deliver it 10 either
of the two men. DE la Pcna started gar
ni>hmcnt proceedings Ia obtain il. This
will rome up for settlement in the near IN
turc ~ Mission. \. Il. Wilson il i'm Mis-
sion defending the interest If NillaSennr.
Friday morning a telegram was re-
ccivcd from him asking that the damage
suit bc filed ia Houston.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21
REBEL CAPTAIN
DEFENDS SUIT
MEXICAN MERCHANT AT ca
MARCO IN DAMAGE SUIT At
HOUSTON SEEKS TO RECOVER;
100000.
WIFE WAS IMPRISONED
MIGUEL NILLASENOR ALLEGES
CAPITAL ALBERTO y. DE IA
PENA IMPRISONED HIS WIFE.
CHILDREN AND SISTER.

Houston. Texas. March 2l.-For con
fiscating his property 10 Camar.", Mex
leo of which place he l. a citizen. Miguel
Nillasenor entered suit ia the Fifty nth
district court Friday morning against
Alberto v. dc Ia pcna. = captain ~ the
rebel army 1T Mexico under Villa. Villa
senior aud dc Ia l'cua are both in the
United States II this Time. Nlla>cnor
has opened i store ia Houston. De Ia
Pcna is in llidalen county
In Camargo Nilla>cnur was a sub
s"tantial merchant. taking sides with
neither party in the revolution ~ the
time az a raid made on his store. IN which
DE In Pcna and a party of soldiers took
all of his goods and stock. IN the pcti
ton filed i'm the office of the district
clerk FRIDAY he set forth that ~ Jan
nary DE la Pena visited the place of
business in Carnage and . possession.
Groceries. merchandise live stock and
all of the property belonging 10 the mcr
chant were confi>calrd. In IN effort ~
make NillaScnor surrender 5000 which
he had saved from the raid the plaintiff
SAWS lUslt Ms ~ wv ''HN @
term law were placed in a prison and
threatened with death.
According "a the petition filed the
groceries were eaten. the merchandise
was distributed aud the live stock was
killed. After Mrs. Nilla>cnor WIS freed
from prison she was given 800 and told
that she was entitled Ia NO more pay
mcnt. NillaScnor says that hi~ property
was worth S20.wm.
The suit filed in Houston asks >'n.000
damages. OF this amount S3n.nun H.
asked in payment fer the property con
fiscated. The remainder H. asked a.
damages for the Imprisonment Of Mrs.
yillascnor and her children and sister.
Whether the Harris county courts have
Surisdiction over the acts of the rebel
soldiers in Mexico j. 4 question that will
arise in The trial At the ease. Il. H. Cole
of Cole. Wilson \ Cole. who have charge
of the ease. saws that ~ does not nov
of n precedent for the action. tie he
licyes that the courts will have iuriSdic
ton. since both of the parties To the suit
are nj present in Texas.
The suit in Houston grows out III u
carnishment proceeding in Mission. which
4 on the Texas side " the border an
which j. opposite Camarga. Thi> proceed
mo followed the action If Nilla>runr boo
p~lacinc his Siann IN the Mission Rank
On the day of the raid. according "a
the attorneys of the plaintiff. Nilla>rnor
was sitting in the back room ~ hi> store
counting his money preparatory 10 TAX
ING Il to the bank in Mission for safe
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

CLASSIFIED ADS
CIVIL ENGINEERS.
FOR RENT.

FOR EENT-FurniShcd rooms for light
housekeeping. 1902 Adams ST. l. u
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

FOR RENT-Two furnished rooms for
light housekeeping. Phone III 2Gtf
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21
NOTICE OF SALE OF BANKRUPT
STOCK.

In the District Court of the United
States for the southern District Of
Texas. Brownsville Division.
I'm the Matter Of T.. .. Emm0ns. Bank
rupt- III Bankruptcy. No. ~.
Notice j. hereby given that the under
signed trustee I'M the matter nf the e.
tate ~ l.. %. EmmonS. bankrupt. will a.
directed nv the court. on Saturday.
March =. a. -. 1911 AT 10 o'clock a. ID.
AZ the store Of T.. q. EmmonS. bankrupt,
situated IN the city Of San Bcnito. Cam
crun County. Texas. sell al public auc-
tion to the highest bidder for a all Of
thr stock NJ said ~. a. En-. bank
rupt. consisting 81 gents furnishing
goods dry goods. clothing and general
merchandise. appraised "a Sl.Usl.>6. and
store fixtures appraised ~ 80. the
total apprai>rmcnt hring Sl3GG. ~ Said
property 90 le solid ~ public auction by
the undersigned trustee I'M bulk or III
parcels as said trustee may determine at
the time Of such sale. and said property
TO be transferred and delivered. and paid
for in cash upon the approval Of said
sale.
A. T.. MONTGOMERY, Trustee.
San Benito, Texas, March IA, ~19lL-3.17iI
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

FURNISHED room -9Os Levee SITS 20 n
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21
NOTICE OF GENERAL ELECTION.

Under and by virtue ~. and IN accord
ance with the laws Of the State II Texas.
IA such eases made and provided. and
pursuant 10 an order Of the City Coun.
Gil ~ the City ~ Brownsville. Texas.
made "a its regular session, Monday.
February -. A. ID. 1911. ordering aud
providing for "A general election To b.
held in aud for the City Of Brownsville.
ia County Of Cameron, State Of Texas.
notice j. hereby given that a General
City Election in and for said City Of
Brownsville. Texas. will be held on the
First Tuesday in April. A. ID. 1914, the
same being the 9TH day Of said month. for
the purpose II e~lecting the following ~.
fic~rs ia and for said City Of Browns
vile. tOwit:
Mayor. City Secretary. City Attorney.
City Engineer. City Marshal. City Treas
urcr. City Tax Assessor and Collector,
one Alderman in and for the First Ward
Of the City, one Alderman In and for the
Second Ward of said City, one Alder.
man ia and for the Third Ward OF said
City. AMI one Alderman in and for the
Fourth Ward If said City.
That said Election shall be held In
each of the -Four Wards of this CITY i'm
accordance with aud a. prescribed by
the Laws Of the State Of Texas. in such
cases made and provided. and M pro.
Nldcd ~ said order II said City Council.
The following places designated as
polling places. in said order az said Coun-
ell. and the persons hereinafter named
are hereby appointed election officers,
Ia and for each Of the respective Wards
of this City. to-wit:
FIRST WARD.
Polling Plac-The one story frame
building used by one Romulo Garcia, AN
"A bakery. on the corner ~ Fourth and
Adams STREET i'm said City.
ELECTION OFFICERS.
{. II. More, presiding Officers; VI. Fer.
nandcz. judge; Frank Slavitchcck. Judge;
sam Bell. judge.
SECOND WARD.
Polling Place The frame house known
As the Obreros Hall, situated on the
%nOrthcrly side ~ Adams Street. between
9th and 10th STREETS, Of this city.
ELECTION OFFICERS.
X. IL Rcntfro. presiding judge; Rich
ard Morris, judge; w. l.. McDayitt,
Judge; j. II. Steele, Judge.
THIRD WARD.
Polling Place-At the old Council
Chamber in the City Hall building on
the Market Square, being the room over
the city Jail.
ELECTION OFFICERS
w. IL. Linton. presiding officer: John
Bouis, judge; Fidel Falcon, Judge; Aaron
Turk, judge.
FOURTH WARD.
Polling Place-The brick house, known
a. McCliniock's garage on Elizabeth
Street. between 18th and 18th Streets in
said City.
ELECTION OFFICERS.
Emile Wise. presiding officer: r. J..
Clay. Judge; Geo. Reyes, Judge; Grant
McMichael, judge.
Done ny order of the CITY Council OF
the City Of Brownsville, Texas.
Ia testimony whereof. witness INV
and the official seal 81 said CITY
hercon impressed, al the office and In
the City ~ Brownsville, Texas, this the
9th day Of February, A. ID. 1914.
A. ID. COLE, Mayor.
Attest:
CRIsANTO yILLARREAL.
City Secretary. -
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21
X. X. TIME TABLE


To Houston N
No. l02. departs $50 a. m.
No. l0i. departs i:i5 u. m.
From Houston
No. l0i. arrives l3:i5 a. m.
No. lU3. arrives IN 80 a. an.
To sam Fordyce-
No. l0G. departs 9:l0 a. m.
From sam FOrdycc-
No. 107. arrives q =. m.
To Mission
No los. departs 2:30 p. IN.
From Mission
No. lOJ, arrives 1910 a. I'M.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

enough. but few Of Ms ever have the op
portmitv.
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

WE FURNISH YOU capital 20 run a
profitable bushes ~ your own. BE
come one Of our local representatives
and sell high grade custom made shirts.
also guaranteed sweaters. underwear.
hosiery. and ncckties direct 10 homes.
Write, >tcadfa>t Mills, Dept. -. CohocS.
y. y. -32l
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

FOR EENT-Largc furnished front
room. All cuuvcnicccS. Telephone 2l1.
1909 Washington street = - ,rIpd
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

did location. Rent reasonable. Apply
Mrs. DreyfuSs GIG l2th It. : 80 I'm
Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1914-03-21

FOR RENT-Pleasant Room l3Oi Wa
shington street. Aft
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-13
ABOLISH OLD STYLE CARS
Master Gar Builders Favor
Abolition of the Wooden Type.
fBv Telegraph TO The Tribune.

Atlantic City, June n.-The closing SEES
sion OF the Master Car Builders Asso-
citation was held to-day. The car build
ers unreservedly favored the abolition of
5000 and 5000 pound capacity wooden
cars, which only a. few years ago formed
the prevailing type.
The following officers were elected
President, d. F. Crawford, Of the Penn
sylvania Lines West; first vice-president,
d. r. MacBain, Lake Shore & Michigan
Southern Railwty; second vice-president,
r. w. Burnett, Canadian Pacific Railway
third vice-presdent, c. p. Chambers,
Central Railway Of New Jersey; treas
urer, j. 8. Lentz, Lehigh Valley.
Representatives of the Interstate Com
merce Commission, including George B.
McGinty, secretary Of the commission.
and q number OF inspectors were present
at to-days session.
At the convention Of the American
Railway Master Mechanics Association,
which opens Monday, a bitter fight Will
be made against the legislation OF the
various states requiring high power cleo
trio headlights on trains. The master
mechanics declare that, far from increas-
ing the safety of trains, the high power
lights are dangerous, as they change the
color OF signal lights.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-13
TRADING IN THE
CURB SECURITIE
Industrial and Oil Shares Firms,
but Mining Issues Turn
Reactionary.

The market on the curb yesterday Ga
played a somewhat frmer tone Ia 4.
Industrial and oil shares. while m,nl,s
stocks were generally reaotionary. Won
Film was actively dealt in and clos
with a gain Of Y of point. continent.r
Can was firm throughout the day at a. "A
advance of point Maxwell Motors ~
dull, tho common improving frsctlonsilr
National Cloak and Suit common a.
vanced 1 point, while the preferred Lost
Tho oil list was narrow but seDerab
improved. South Penn OIL, STANDARD 4
Indiana and New Jersey gained poirt
Vacuum OIL 3, STANDARD OF California
Prairie OIL and Gas. Standard OF Kan,a,
and New York / poiDt each. Atiane<
Refining. however, was weak, with q los
Of 7 points. Mckinley Dsrragh was Ia
weakest feature in the mining shsrsk
selling as low as 10, down points fror
the previous day. but later ralyins d
close at 70. Florence receded 3 pslne
and other active issues also showed aisat
losses. Consolidated Gas converting 4
were fairly active and improved has
point.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-13
MONEY AND EXCHANGE.

CALL MONEY opened at IN per cent;
highest, per cent; lowest. q pei
IA per cent
TIME MONEY was nrmer and in
moderate demand. Rates: 292k per
cent for sixty days, 2A02A per cent
for ninety days. 2h ON per cent for
four months. 8 per cent for FIVE months
and SQSh per cent for ak months.
MERCANTILE PAPER was issued
moderately. Rates: ~ o. per cent for
sixty 20 ninety days Endorsed Hills re-
ceIvable, and for choice four to six
months single names. and AZ per cent
for others
CLEARING HOUSE STATEMENT
Exchanges s2be.se5.2S6 balances, sl2,-
6S1 ,025. The Sub-Treasury was a
debtor 10 the extent Of s2l4,62s
sUb,T ,S , Y9Tk nd banks 1s
lost since Friday s1,sS6,0o0.
DOMESTIC EXCHANGE. - Boston.
par; Chicago. exchange &c premium,
st. Louis, exchange 100 premium bid;
1bc premium asked: San Francisco. eX-
change soc premium
BANK CLEARINGs.-Boston. ex-
changes s26.46S,10l; balances seSS.os9
s5sfS Balances 0s9a soS A'n Phs
dclphia. exchanges $21. 622.0i6; balances
5000 S93. ST Louis. exchanges. $l3,-
4botS4hi balances Si,EbZ, Ebl.
SILVER MARKET --Commerci price
of bar silver IN New York, b7Ac, an
advance OF &C Mexican silver dollars
were quoted az 44lsc.. up &c. In London
bar silver was quoted ~ 264d, an advance
of I'D.
FOREIGN EXCHANGE-Th market
was strong IN the morning. demand
sterling advanced 10 A8905 hut relaxed
later Cable and sight rates: London
Gable, 4S940; demand. 4sSs0. Paris
Cable. 6i49s less 1-l6; check, SIS less
3-64 Berlin, Cable. 90 = less 1-32;
cheek. 95 7.is iese 1852. switzerland-
cable. Els less l-64; check, 6.16$. Hol-
land--Cable. 40 5-l6 plus l-64. check.
lOE-I6 less b-el Beigium-Cable. 5lSls
plus 1-64; check. b1S% plus 1854.
sixty and ninety day bills. London
bankers sixty days, 4Ss55; ninety
days. 4S56O965 London (commerclaD
sixty Days, 4.S61z ninety days, 4.S6Ss.
Paris bankers Sixty days, 6.1Tjk less
1-82: ninety days, 6.1S& less 1872 Paris
Scommercial) -sixty, DAYS. S;1!h less
lin bankers -Sixty days, SO l-l6
ninety days. 90 1876 plus l-S2 Berlin
commercially Sixty days, s4B; ninety
DAYS, 94% plus 1872