davidaulloa/AmericanStories huggingface dataset:
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18

History, Philosophy and Functions,
was completed shortly after noon re.
cess. The book as written by Emil
Pouget advocating free love. correc-
tion of the wage system, and other
i. w W. views.
Should the defense conclude by to
morrow evening the state will begin
Friday morning with rebuttal tes;i.
mony. probably completing by Satu--
day evening. the court having pre-
viously announced his intention o.
conducting court Saturday.
The morning session was consum.
ed by the testimony OF Frank G.
Wermke. former I. W. W. organizer
and by reading OF booklet distribu..
ed by Wermke during his connection
with the |. w W. entitled Sabotage,
It's History. Philosophy and Func.
tions"
The testimony OF Wermke dealt
mostly as TO his connections with the
organization. and Identification and
description of booklets and papers. is.
sued by the l. W. W. from the office
RI Chicago He identified the sigma.
tIres of VIM. ID. Hayw ood. general
secretary Of tbs organization and OF
Frank II. Little, then OF the execu-
tive committee. who was later hung
al Butte by mob. He termed the
booklets as propaganda OF the organ
ization. and said he was connected
with it as organizer from December
1915 TO September 1917. Objections
'sere entered by the state during the
course OF introduction of the pam
phlets and were oyerruled by the
court on the same grounds as here
toflre, that the defense would be al.
lowed 10 show the character OF the
organization said 10 be responsible
fc- the conditions and circumstances
prior 10 the deportation
On cross-examination Wermke said
h had severed connections with the
u W W. because he wished to join
INC army and the L W. W. teachings
did not allow this. He also said he
thought the J. W. W. was not a labor
organization but revolutionary
movement. He denied ever having
been employed by the Pinkerton de.
teotive agency or any other agency
Fcilowing his testimony, the read
ing Of the pamphlet Sabotage. It's
History. Philosophy and Functions,
was begun and was in progress when
noon recess arrived.
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18

( Grover Perry from Phoenix. II deS-
cribed condition in Arizona as affect
ing the l. W. W.. explaining that they
/ had won the Jerome strike and that
he had been at Bisbee and held sew
eral successful meetings, ending up
by saying that We are sure a pow
er there" Another letter written to
| Don sheridan AT Spokane. Wash. re
la.i.e 10 due books, stamps and sup
plies ended by saying that the /. W
w. were ready 70 enter the fight
against conscription and the mine
bosses The third was a bulletin sent
out by Perry as secretary of No 500
+, in which ne referred to conditions
,.of the various branches of 500 in var
ious parts of the country. Ending
The communication he wrote: The
selective draft is going into effect in
September but as far as the l. w
W miners are concerned it is not
going into effect at ALL
| The testimony OF II. ID. Palmer Oc-
cupied some little time in which he
swore 10 the accuracy OF his tram
cript i'll the preliminary cases rela-
tive 10 the testimony Of Fred Brown
which the defense was making an al
! tempt 10 impeaeh. Reading OF arti-
cles from several issues Of "Solidar-
ity" completed the morning session
County Attorney French this after.
noon announced TO newspaper men
} that an erroneous impression seems
! TO have been sent out that the state
will close their case sometime next
week On the contrary, he stated
! that the States main side OF the
case will be put before the jury III
( rebuttal. We have not even started
our side OF the case" said Mr.. Frenc1
/ and We have over 80 witnesses TO
/ put on the stand showing conditions
in Bisbee. in contradiction of the de-
/ fense's claims that conditions were
bad Il Will take at least six weeks
I for US to get our re0uttal testimony
10 the jury. after the defense com
pletes their case. and maybe longe~.
\ The statement OF the county attor-
ney coupled with the announcement
of the defense that they will co;l-
clude sometime next week. means
that the Wootten trial will continue
weIl into the month of June includ-
ing arguments OF attorneys for both
sides which are expected to occupy
at least week.
The matter all depends, however,
on whether the jury will be able u
I hold out this length of time. and the
defense have already eliminated a
mass OF evidence tor this cause.
Whether the state will do likewise,
Mr. French did not intimate in his
fstatement.
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18
MONDAY

mONOA
Although it looked for time tha,
the two months ot work occupied in
the selecting OF the jury and trial of
the case OF IL. Z. Wootten. charged
with kidnapping as the result of the
deportation. would be for naught, due
20 the alleged illness of b. X. Riggs,
one OF the jurors. that fear was dis
PEELED this afternoon when Judge
Samuel l.. Pattee announced that fol-
lowing an examination of physicians
they had pronounced the talesmen fit
physically and mentally TO go on
with the case
Riggs had been complaining of ILL
ness Of the head for the past week
and several days ago told the court
he thought he would be unable 10
continue in the box. No, willing 10
eblON tAAS NhSf W NpHtihut Win bhN
juror in a condition. which would
probably leave him incompetent to
sit on the case. the court called in
Or. J. ! Butler of Tucson and D..
II. II. Hughsrt OF Tombstone. The
entire morning was spent in exam
ination Of the patient by the doctors
with the result that Riggs was pro
nounced normal
This afternoon when court opened.
Judge Pat,ee announced from the
bench his oral opinion as to the ad-
missibility of documentary evidence
OF the l. W W. proposed by the de
Tense The courts opinion was some
what lengthy and went into the
character OF the evidence sought TO
be introduced, the gist of which was
that the defense will be allowed to
produce before the jury. documents
authenticated as doctrines OF the
w. W organization insofar as they
are connected up with the situation
at Bisbee. Many of the documents.
he stated, he believed would not be
admissible owing to their character
as u,;erances Of individuals and no;
the expressed doctrines of the or
ganiza,ion itself. The defense will
no: be allowed to connec, up the na-
tion wide conspiracy, under the
courts ruling. but merely as it at
fected conditions in Bisbee.
Following the courts ruling depo-
sitions taken at Chicago OF VIM. A.
Cahill. relative to printing of circu-
lars and books for the l. W. W. OF
ganization, and Frank ]. Quinn OF a
like nature. were read. The reading
OF the preamble and constitution Of
the ]. W. W. organization followed
which occupied most Of the after
noon. At O'Clock the court took q
s minute recess to pass upon the
question o. the admissibility OF =
cument submitted by the defense 70
which the state objected.
According TO announcement the de-
fense has decided to considerably
shorten It's case. owing to the condi-
curtail it's rebuttal, it is said, which
makes it appear that the present trial
week or ten days.
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18

Inc feaoine OF the 1. W. W. songs
was for the purpose OF the defense
to show the nature OF the I. W. W.
organization and it's attitude TO so
ciety, according to the defense
svowal.
1t is expected. according TO the de
fense announcement. that they will
complete their side OF the case some
. time during tomorrow's session when
the state will begin introduction of
rebuttal testimony.
MORNING SESSION
The most important development
Of the morning session was the an
nouncement by w. II. Burgess, chief
counsel for the defense that they
would expect to conclude their side
Of the case by tonight or tomorrow
Following this the state will intro
duce rebuttal testimony. which il
had previously announced would oc-
cupy some time. alshough it is pre-
sumed il will be materially cut
down. since the possibility of the
jury breaking down has become ap.
parent The defense will also intro
duce sur-rebut,al. following which
arguments will be heard Ii is ex
pected next week Will see the case
concluded
The defense started ont this morn
ing by continuation OF introduction Of
documentary evidence tending TO
show the character of the ]. w. W.
orgaization responsible for the strike
conditions in Bisbee prior TO the de-
portation. The state objected TO this
aud the court. after removing the
jury from the court room in a brief
statement gave his views on the in
, PRODUCTION of such testimony. which
would tend 10 show the character Of
: The organization.
A letter written by Grover II. Per
, y. secretary OF the Metal Mine Work
Lers Union 500 was read. 1t was
written TO VIM Haywood. secretary
of the !. W W. az Chicago. and ask
ed for numerous copies OF booklets to
be distributed in this state.
Attempt to introduce an issue OF
/ Solidarity an |. w. W. organ. was
/ objected to by the state. and the
grounds that proper foundation for
this introduction had not been laid
The defense announced they would
! introduce il later.
/ Reading of booklet issued by the
/ |. W. W. occupied the better part oi
an hour II was entitled Patriotism
,and the Worker" The state objected
strenuousiy 10 it's Introduction, bu:
| the court overruled on the same
grounds as previous. The booklet re
ferred in the main 10 the "delusion
Of patriotism and capitalism and
war. and was the speech made By
! Gustaye Herve in his own defense,
before jury in Paris, where he was
! tried for criminal syndicalism Read
ing of speech OF Wm. Haywood in
New York entitled General Strikes
was in progress when noon recess ar
rived
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18

DOUGLAS - Government places
5000 lbs light sheet iron and stove
pipe on sale.
Nogales gets through pullman ser
vice to Mazatlan, SinaIoa. Mexico, ov.
er Southern Pacific r. r.
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18

he would be killed and if someone
else did not kill him he would do S.,
himself. he repeated the threat TO
him several times. Oguirt said. An
other strikers named Mike told him.
! Its time for us to get rid of you
On cross examination when asked
whether he helped deport anyone
the witness said: NO. | didn't bring
bring anyone to Arizona and I didn'.
want TO take anybody out"
| Fred Williams. miner of Lowel!
told of mob attempting to stop
him from going to work on night
shift. and said he went home for
fear they would harm him coming
off night shift. One man, name!
| Patrick I.aughlin, alias Walter Nil
ler. he said told him on July 10th.
| that he might as well go to wo1k
as he had only two more days 10
work in. Another man named joe
/ he said. left the district for fear the
strikers would harm him. Cross ex.
animation was OF the nature to prove
| that there was no cause for fear.
Stanley Reuse. a miner told of hav-
ing heard a deportee yell to one OF
the guards on the morning of July
18th: You only beat US to it 81
hours"
Paul Lorenzo. druggist told OF
;utimidations received while escorting
miners to and from work as deputy
sheriff. He said pickets threatened
20 Kin him and knock his block off,
One OF them said. he testified. that
he would suffer as they were going
TO blow Main Street up and his place
OF busines was located there. Slim
Long. secretary Of the !. w w. told
him on one occasion, he said that
they were just as well prepared as
the companies and would repeat the
Ludlow incident only this time the
strikers would be aggressors.' Mrs.
Long told him about the same thing
and added the l. W. w had frola
500 TO 1900 guns at their headquart.
eTs. On cross examination he said
he told the officers about the guns
including Harry Wheeler and Allie
Howe
! Mrs. Marteiis Burgess, wife OF 4
miner told OF an incident which hap
! pened near the Warren Laundry
/ when strikers were intimidating laun
4 dry girls She said she helped them
get through the lines TO work and
I picket told her they were going
/ 10 blow up the laundry. Her husba.. !
also received intimidahons she said
\ picket told her. she testified tha.
there was not use watching him
as we are watching him ourselves.
She did not know what that mean.
she said.
On cross examination she replied
in answer TO question from the
state why she didn't testify in the
Embree case, she said that she didn'.
testify TO all she did here today be-
cause she was not aked the quetsion
Z Defense then announced they hal
completed with their list of witness
es and We're now ready to put the
defendant. Wootten on the stand. I,
was here that the Illness OF Mr.. Cur
ley was announced and recess taken
until tomorrow morning.
MORNING SESSION
Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-18
MORNING SESSION

During the morning, reading OF let
tiers, written by Grover II. Perry, sec
retary of the Metal Mine Workers
Industrial Union and OF Solidarity,
the official newspaper of the ]. W. W.
organization, and the testimony OF II.
d. Palmer. a court reporter, who
swore to the accuracy Of his trans
cript OF the preliminary trial OF
Harry Walters and II. f. wootton
al Douglas, occupied the entire ses-
sion.
The court, on opening this nora
ing announced that he would exclude
the bulk OF the issues of the Indus
trial Workers" and Solidarity ].
W. w. papers introduced yesterday
afternoon by the defense and on
which the court withheld ruling until
this morning. The grounds for ex-
clusion were that the issues were
not bearing on the Bisbee situation.
Considerable time was spent by the
attorneys in introducing and having
marked for Identification documents
and letters taken from the Chicago
depositions, a number having been
excluded by the court, following
which they were read by Attorney
F. E Curley for the defense.
The first was . letter written 70
Chas. H. NcKinnou at Salt Like BY
The New York herald., 1920-01-18
To Supply Homes
at Long Beach, L. /

Acting in the interest of new housing
corporation composed OF Irving T. Bush
and William II. Reynolds. Edward j. Far
rell Long Beach representative OF the or
ganization. announced yesterday that more
than S500, 600 would be spent in the develop
ment OF land and construction at Long
Beach for all year round homes as an ex-
pertinent toward solving the housing prob.
lem. If the experiment is a success the
initial expenditure will be merely starter
in what promises to be one of the largest
along this line at Long
Beach.
The present plan calls for the construc-
ton of about one hundred new buildings in
the "westholme" section. At present
there are about one hundred cottages there,
some of which were sold recently at auc-
ton The new homes will be suitable for
all year round habitation at the seashore,
having facilities for heating and other
modern equipment. Work already has
been started on the property, which will
cover an area of about a dozen city blocks.
Mr.. e. ]. Farrell who will represent the
Westholme development as sales mana
ger. entered the real estate field after his
return from service as a lieutenant in the
United States Army and became interested
in the development of Long Beach, where
during the last year. with the Walsh-Far-
rel Realty Company. he sold more than
twenty-five thousand dollars worth of
property for summer homes, bungalows
and bungalow sites.
The New York herald., 1920-01-18
Easy Terms Rule
at Auction Sale

Unusually attractive terms OF sale will
be offered at the auction sale to be held
by the Jere Johnson Jr. Company, auc-
tioneers on January 20, at eight o'clock
iu the evening, in the Brooklyn Exchange
Salesroom. In some cases only ten per
cent of the purchase price will be re-
lqulred. The properties consist of one.
two and three family dwellings; also flats.
stores and vacant plots, variously located
lin Brooklyn.
The improved parcels are located at
No. los South Elliott place. No. Is and II
Fort Greene place, No. 3671s Pacific street.
No. 1872 Fourth avenue, No. 2s2 Nostrand
avenue. Nos. 101 and 1903 Johnson street,
Nos. 552 and 554 Lafayette avenue, No. III
Ito 1iS Conover street, No. 174 Coffey street,
mo. los King street. Nos. 2ii and 2i3 Van
Brunt street. No. 149 Richards street, Nos.
223 and 225 Franklin street, corner of Eagle
street. and Nos IL to Is and No. 21 VOL
colt street.
Vacant plots are located In Gates avenue
and in Marion street, east Of Stuyvesant
avenue; in Ninety-ninth street, near
Fourth avenue, and in Chester street,
near Newport avenue.
The New York herald., 1920-01-18

most part of this excessive building is in
Queens. where a most severe shortage
existed. The amount of building planned
has not created a sufficient supply. In fact
several years must pass before the de-
mand can be satisfied. In speaking of
the situation, John c. Howell, of the
Brookmire Economic Service, said last
week.
The chart herewith illustrates the
trend of building activity as represented
by the value of permits issued in New
York city since 1902. The heavy black line
comprises permit values for the Boroughs
of Manhattan, Brooklyn and Bronx
throughout the period. The broken line.
beginning with 1912, includes also the Bor-
oughs of Queens and Richmond. and rep
resents total value of permits in the en-
tire city since that year.
"Queenc especially has shown an un-
usual expansion in building activity for
1919, about 1cO per cent greater than ever
before recorded. This activity, OF course
is largely residential building, and the
probabilities are that this expansi' II Will
continue for some time to come. The ac-
tivity for 1919 in the Borough of Richmond
approximates the year 1916. which was
considerably better than normal.
''The light curve represents, normal
growth computed on the base period 100.
to 1916, inclusive.
THE restrictions in force against build
ing in LII and 1918 reduced building &c
the lowest point reached in New York in
The New York herald., 1920-01-18

many years. In 1919. however, building
activity, unfettered by restrictions and
impelled by unprecedented demand, re-
vived sensationally, and as the year closed
shows better than normal position. To
produce the normal requirements in 1870
involves an outlay in the city Of approx
mately $685., ,0c0 COO This amount is greatly
In excess of any previous year, ap-
preached only in 1905 and 1909, when $780,
eco COO was reached.
"In view of the inflated values of to-
day, to correspond with 1905 and 1909,
around $780, coo must be spent The ex-
pectations of this ambitious programme
being undertaken are seriously affected
by the prevailing high prices for building
material, with a probability of still fur
ther increases. and the shortage Of build
ing materials. with little likelihood Of
adequate supplies being available through
the year.
High labor costs will also operate 70
restrict the programme which otherwise
might be undertaken 1t is probable
however, despite these adverse factors,
that demand for residential building espe-
cially will continue at such high point
as to offset to a considerable extent the
unfavorable factors. Furthermore, 1t is
extremely unlikely that adequate supplies
of building material will be produced unit
the present acute shortages in necessary
building have been made up, which will
certainly require several years to sat-
isfy."
The New York herald., 1920-01-18
IS THE ZONING LAW CONSTITUTIONAL? !?

nifty but that happens in all health, sani-
tary and fire protection legislation. The
real question Is whether the injury is
caused arbitrarily or by Unjust discrimi
nation or through a whm or for purely
aeoethetic reasons.
The zonng ordinance and maps can be
examined nicroscopically and one will
not find any provision that is not strictly
within the police power of the State. One
might say that creating private house dis
tricts was arbitrary and not related TO
health or safety of the community on the
grounds that a three family house or
apartment house, if equally surrounded by
sunlight and air, is equally desirable. The
objector will find that the law nowhere
provides for private detached houses. It
recognizes that in localities nearer tho
centre of the city families must I've some
what closer together than is possible in
the outskirts. The so-called private house
districts are simply districts where the
building must not occupy more than thirty
per cent of the lot. 1t is directly con-
nected with light and air and the ques-
ton Of living congestion.
II any ono in this 'E'' district desires
to build an apartment house covering only
thirty per cent of his lot he is free to do
so and one or two plans OF this sort have
been filed. Such apartment houses would
not substantially hurt e. districts in
New York city. But in every provision the
question of health, sanitation, fire pro
lection, safety and the general welfare
has been taken into account so as to kHH
within the police power recognized by tho
courts The courts wisely have refrained
from limiting the police power because as
communities become more populous or
have new and greater needs. the courts
will interpret the police power of the state
In harmony with the enlarged conditions.
| Indeed the New York zoning law and
ordinance have kept we'll within the dam
ger line. The ordinance and maps arc not
retroactive but apply to new buildings or
changes of use. Many cases have arisen
during the last three years and the courts
have uniformly upheld our soning law. In
Los Angeles. Cal. partial zonng law
was established which prob b'ted fac
! tories and industry in residential districts.
! Under this law the city ousted q LONG es-
tabIished brickyard, virtually causing
confiscation of the property. This, al
though retroactive. was supported b. the
highest court of the State as proper es-
ercise OF the police power, and as being
| for the larger community interest. and
the decision Of the California courts was
affirmed by the United States Supreme
Court on appeal. Nothing so extreme or
radical as this is possible under the New
York zoning law.
The New York herald., 1920-01-18

Just prior' ec cfru retirement OF Mr. Bates
from the grocery firm Mr.. Sage was
elected an Alderman of Troy, which Of
ficial position he held until 1sis. From
1916 to 1S49 he also served as Treasurer
lof Rensselaer, County, and from 1858 20
1857 as the Whg member Of Congress. He
declined a denomination in the year 1857.
Meantime Mr.. Sage had become active
in the development of the railroads. of
Central New York. In 1863 he sold his
grocery business and removed to this city.
Subsequently he became member of the
Stock Exchange and from that time on
to the day of his death his name was iden-
titled with the street" In 1891 his
offices were located at No. II Broad
way, in the old building that occupied
that site before the erection of the Empire
Building by the o. b. Potter trust. pur-
chased last year by the United States
Steel Corporation through Joseph p. Day.
Mr.. Sage, although best known as a
financier. was almost as good judge OF
real estate as of railroads. Those who will
bid next Tuesday for the many valuab BILE
properties included in the estate of the
late Mrs. Sage will have the benefit of
his Judgment.
That his judgment was good Is evi-
denced by the fact that the sales list
includes three Fifth avenue properties. a
valua BILE Madison avenue corner near Seth
street, several Park and Lexington ave-
nue. holdings, one or the best remaining
vacant blocks in Riverside Drive, two ele-
vator apartment houses at corner In.
Central Park West and a number Of
east and west side tenements and dwell
lings, together with q residence and valu-
able plottase in and near Central ave-
nue. Far Rockaway.
So varied as to character, location and
value arc the properties of the Sage es-
tate that it is foregone conclusion the
sa IesroOm on Tuesday next will be filled
to overflowing with ono of the mcst repre-
sentative bodies of investors. spectators
and homeseekers ever gathered within its
four walls.