Wichita Daily Times. (Wichita Falls, Tex.), Vol. 6, No. 1, Ed. 1 Tuesday, May 14, 1912 Page: 4 of 8
This newspaper is part of the collection entitled: Wichita Times and was provided to The Portal to Texas History by the Texas State Library and Archives Commission.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
PAGE FOUR
WICHITA DAILYTIMES
Published Every Week Day Afternoon
(Except Saturday)
And on Sunday Morning.
—By—
THE TIMES PUBLISHING COMPANY*
(Printers and Publishers)
Published at -
trimes Building. Corner Seventh Street
and Scott Avenue___________
* Omeers and Directors: ..
Re A: vard. President and Gen’ Mgr.
g £ Huff ...............Vice President
%. G D Anderson ...............Secretary
B.D Donnell ........Assistant Manager
J. A. Kemp, Frank Kell, Wiley Blair,
T C. Thatcher, W. L. Robertson.___
MEMBE R ASSOCIATED PRESS
Phones—
Editorial and Business Office.....167
Ed Howard ..... .General Manager
H D. Donnell...........Managing Editor
Subscription Rates:
By the year (mail .or carrier). ......ID.W
By the Month (mall or carrier)......50c
By the Week (mak or carrier)........
Entered at the Postoffice at Wichita Falls
aa second-class mail matter
Wichita Falls, Texas, May 14th, 1912.
sos-omor 4-untD 503
OUR BIRTHDAY.
i Five years ago today—on May 14,
1907—the first issue of the Daily
Times was printed. This is our birth-
day and for a five-year old we are
feeling pretty strong.
That first Issue told of the plans for
extending the Northwestern, which
---then-halted-justrneros the-river in the.
Big Pasture, but which, now extends
ait the way across Western Oklahoma,
putting Wichita Falls in touch with the
people and products of that inland em-
pire.
The first issue told of the plans for
building the Wichita Falls and South
ern—now a reality. "This is not a pa-
per railroad," said the Times then.
The first issue told of plans for
building the opera house—and the
% splendid edifice on Tenth street bears
'witness today to the fruition of those
plans. •. —
Looking back at that first issue and
realising the progress which this first
half decade has shown, we can only
hope that the next five years may rec-
ord a story of advancement and of
growth that will make the accomplish-
ments of the past seem puny lu com-
parison.
ELIMINATION OF PROHIBITION
The Tribune is of that school which
believes prohibition to be a moral
question and a subject of police power.
It sympathizes profoundly with these
who are insistent that it should be
eliminated from politics and relegat-
ed to the domain to which It properly
belongs
But—
How can prohibition be eliminated
from politics when the chief exponent
of anti-prohibition is straining every
nerve to secure the exalted station of
United States senator, with no other
claim or commendation except that
he led the recent fight against pro-
hibition and as such leader distin-
guished the contest by the most
lavish and extravagant use of money
ever known to Texas politics.
But for the fact of his leadership of
the anti forces, Jake Wolters would be
practically unknown today. The lead-
ership brought him notoriety because
of the charges of corruption in the
campaign he conducted. He is known
to-have barely escaped jail for re-
fusing to tell the source of the vast
sum he expended. He boasted that ho
would go to jail rather than say who
furnished those thousands or what use
was made of them
a But for the fact of that leadership.
Jake wolters would have found it dif-
ficult to have justified his candidacy
for the state senate, and would have
never dreamed of the United States
Senate. But for that leadership, he
would still be the paid lobbyist of the
Pullman Gar company, a position he
held for years. But for that leader-
ship the contest for United States sen-
ate would be pitched on economic-
- lines and not on prohibition. *
But with Jake Wolters a candidate
for high place, anti-prohibitionists
force the issue. With a governor who
was not content to let the people set-
tie the prohibition question, but’ who
must inject himself and state politics
into the fight, anti-prohibitionists are
forcing the fight. So long as aspirants
- to the highest office in the gift of the
people come with no other claim upon
the electorate than their relation to
the prohibition question there will be
prohibition in polities.
The Tribune deplores the condition, tain one-the effort will be wholly
But the Tribune does not believe the
prohibition can be eliminated so long
as men who seek political office whose
only claim upon public consideration
. Is due to their leadership in anti-pro-
hibition fights.—Austin Tribune.
A Shelter in the
Time of a
Storm
Is our Corrugated Iron Storm
Cellar. The storm period is
here now, we have just one
of these left and we will
make no more.
Regular price $125.00
But.......$75.00
buys this one
J. C. ZIEGLER MFG, CO.
Phone 389
I ne bem
the only exclusive Motion Pict-
- uro Theatre in the city.
Change of program Every Day.
Night show at 7:30. -
Matinee at 2:30.
“The Escape from the Dungeon.”
“Lucky Dog."
“The troubles of a Butler." *
“Niagara Falls in Winter."
ELMER WRIGHT, Manager
NEWSPAPER GAME.
WANTED—Man to help run coun-
try weekly; must know the business
from the hell-box up; $12 per week.
In contemplation of the above,
which appeared in a state paper re-
cently, wo find little torcheer and less
to enthuse. We can sympathize with
the editor of the Byers Herald, who
last week received the following mis-
sive:
Editor Byers Herald:
Why don't you say something 'bout
‘us common folks stead of town people-
ah-the time and ball games. We had a
baby at our place last week" but it
wasn't in your paper. Do we have to
have twins or triplets before you say
something in your paper when i
thrashed I was going to take your pa-
per but now I won't as you didn't say
nothing bout our baby, it will be a
long time before you get another
chance.
One whose feelings la hurt. .
L. J. C.
Troubles such as these, however,
fade Into puny insignificance when
we read the account which the editor
pf the Hammon (Qkla.,) Advocate
gives of himself, as follows:
The Leedy Herald took occasion
last week to pull us over the coals
about not reading proof in a way
that proofs ought "fer to be read."
In other words he Insinuates that our
proof reader has bean keeping bud
company.
But listen to a plain straight tale.
On Wednesday, our proof reading day,
the editor, who is also proof reader,
was busy on other business. We arose
at six o'clock, helped our wife get
breakfast, then went dawn to the of-
fice after breakfast. Instructed ' our
printers, procured two good nds on the
way. At eight o'clock we started out
for our school which is a township
graded school of which all Custer
county ought to be andis justly proud,
arid of which we are principal, taught
school all day, came home at five,
went to the office and worked till
church and led the prayer meeting.
After prayermeeting, we went back to
the office and wrote "copy" till
twelve o'clock.
Now, if the Herald editor will come
over to Hammon and keep up with
us for a solid -eighteen hours, we
would just like to see the kind of proof
he would read the other six, as
strong and able as he is.
The Waxahachie Enterprise
Bug:
gests that “results In Saturday's pri-
mary wrote a message on the wall
that Governor Colquitt, Colonel Wol-
ters, Rienzi Johnston et al, ought to
be able to read without the assistance
of an interpreter." And the observa-
tion is very true. The Wilson victory
in Texas, as wo see it, means the
downfall of the machine in Texas,
which supported Governor Harmon
and which is now supporting both
Governor Colquitt and Colonel Wol-
ters. The opposition has been in the
majority all, the time, but heretofore,
the machine has been able to, divide
It on some extraneous issue or an
other, with the resultant success. The
opposition this time refused to divide:
If, indeed, it didn't succeed in getting
the machine to do a little dividing it
self. The result was an overwhelming
victory, Governor Wilson on the late
returns lacking only ten votes of get-
ting twice as many convention votes
as Harmon and Clark together. The
effort has been long under way by the
machine to divide the opposition
against Governor Colquitt and Colonel
Wolters. If the Wilson result is any
criterion—and we believe It is a cer-
without avail, and the results in the
Colquitt-Ramsey und Wolters-Shep-
pard race# can be easily foretold —
Denton Record Chronicle.
SIX ARE INJURED IN
LONE OAK EXPLOSION.
By Associated Press. ,
Greenville, Tex., May 14.—Six men
were burned, none seriously by an
explosion* last night at the electric
light plant at Lone Oak. Gasoline was
the cause, putting the plant out of
commission.
♦«♦»««««««««««««
• Gold inlays. Crowns, and Bridge •
• es that Satisfy. ♦
♦ DR. M. R. GARRISON ♦
• . Dentists •
****************
R. T. PICKETT
W. E. SKEEN
WILL BRYAN'
Pickett Detective Agency
Office at Davis Bldg, 721 Indiana Ave. petit jury and supreme arbiter of truth
Phone 50 Residence 821 and justice.
WICHITA DAILY TIMES, WICHITA FALLS, TEXAS, MAY 14th, 1912.
Clarence Ousley’s Reply to Judge Swayne
The Times a few days ago publish-
ed the charge delivered by Judge
Swayne of Fort Worth to the grand
jury, in which extended reference was
made to the Norris esse. Following
is reproduced Clarence Ousley's re-
ply to Judge Swayne:
With much reluctance, but under a
commanding sense ofduty to two
grand juries, composed of honorable
citizens, to a set of faithful county of-
ficers, to diligent city officers and to
several witnesses for the State in a
recent prosecution; I challenge the
statement made from the bench by
Judge James W. Swayne, made in a
charge to the grand jury of the Sev-
enteenth district court, that “some-
body has been trying to put up a job”
on Rev. J. Frank Norris of this city.
And I voice the view of all unpreju-
diced men that his utterances in re-
spect to this matter violate every ju-
dicial propriety and tend to arrest
the free course of grand jury inquiry.
Never before, perhaps, in the bis-
tory of English jurisprudence, did a
trial judge instruct a grand jury to
refrain from investigating crime from
any angle or as to any individual;
never before, perhaps, did a judge
presume to pronounce a possible .de-
fendant innocent in advance of testi-
mony, as Judge Swayne did in the
statement, “I am as thoroughly con-
vinced as I am of anything on earth
that Dr. Norris did not burn bis own
house—I-don'teare-who-swears—it,"
-never, before, perhaps, did a judge
denounce witnesses testifying at the
behest of the State as “that crowd
that has been swearing against Dr.
Norris.”
The entire deliverance has the ef-
fect of an indictment against eighteen
out of twenty-four men constituting
two grand juries, against the depart-
ment of the county attorney, against
the sheriff’s department, against the
city police,-against the State's wit-
nesses and against a large part of the
citizenship of Forth Worth—an Indict-
ment charging in effect that they were
all conspirators or the dupes of a
conspiracy. It has the further effect
in view of the arson charge now pend- ists, church members. God fearing
Ing. of creating bias in the the public
mind to such an extent that It will be
difficult to obtain an unprejudiced
trial jury, for the opinion uttered
comes with the solemnity of a deliber-
ate judicial determination. It is no
hot partisan or sympathetic friend
speaking; it is a man clothed with ju-
dicial prestige - who is presumed to
know something of the evidence, and
who in wholesale fashion impeaches
the intelligence or the civic virtue of
a cloud of witnesses and proclaims to
the world that there is an infamous
plot in this city to destroy an innocent
man.
Much license is allowed to lawyers
in defending persons accused of crime
—a license too often abused to the
shame of the profession, and to the
outrage of helpless witnesses; and
much is to be endured in the excite-
ment and passion of factional feeling.
For these reasons citizens of Fort
Worth, members of the two grand jur-
les and witnesses, have borne in pa-
tient silence much insinuation and
downright calumny, because, they re-
spected the law's presumption of inno-
cence, because their lips were sealed
by official oath and because they were
willing for the truth to develop or to
stand as judicially ascertained under
all the safeguards of the law.
Nothing will be said herein that is
intended or can be fairly construed
to question the verdict already ren-
dered or to influence verdicta hereaf-
ter to be rendered. Indeed, as to the
verdict rendered in the perjury case,
all intelligent men who read the trial
judge's charge will agree that what-
ever the impression made upon the
jury by the evidence submitted, a ver
diet of acquittal was imperative, for
the charge specifically declared that
if the oath was not ad ministered
afresh at the time of the interrogation
upon which the perjury indictment
was return, there could be no convic-
tion. The weight of testimony was
that the oath was not administered
afresh at that time. Under this charge
from the bench the men who compos-
ed the grand jury that indicted would
have acquitted if they had composed
the trial Jury.
Therefore, as to the perjury case
the defendant is Innocent under the
terms of the law, as declared by the
judge, and as to the arson case he is
presumed to be innocent until guilt
is established.
The point of comment Is not (the
innocence or the guilt of the defend-
ant; It is the unprecedented, inexcusa-
hie and shocking prejudsment by
Judge Swayne and his unwarranted
reflections upon a body of men called
to the State's service and n group of
citizens recklessly arraigned as con-
spirators against innocence and right-
eousness. Such conduct calls for pro-
test in the name of judicial propriety,
grand jury efficiency, fair dealing and
common justice. No man should ques-
tion the processes of a court in the
exercise of its functions, when ‘its
functions are exercised according to
the spirit of the law. But when a
judge abandons the judicial attitude of
bis position, when from the bench he
utters aspersion and when he under-
takes to prevent grand jurors from the
free exercise of their responsibilities,
under their oaths make investigation
without spite or mallee and to render
judgment without fear or favor, then
criticism becomes a duty which will
not be restrained by a man clothed
with authority und arrogating to him-
self the powers of judge, grand jury,
Who were the grand juries that
brought the indictments against this
defendant? Here is the first, which
was assembled in December, a full
month before any of the sensational
episodes developed:
J. Grow, Mansfield; Joel East, Ev-
erman; Milt Bowles, city; L. B.
Brown, Smithfield; George Hunter,
Saginaw; George Colvin, city; Julian
Polk, city; J. It. Walker, Azle; T, B.
Yarbrough, city; W. W. Wilson, Crow-
ley; A. S. McMorris, city; Clarence
Ousley, city. Of these twelve men six
were from the city of Fort Worth and
six resided outside of the city. Of
these twelve men eight are State-wide
prohibitionists, and a majority are ac-
tive members of the church. T
Here is the second grand jury: B.
F. Dwiggins, city; Either Renfro, city;
K. C. McGee, city; Walter Watts, city;
James Daniels, Grapevine; A. H. Cope-
land, Arlington; James Sidebottom,
Johnson Station; Judd Allen, Keller;
James Childress, Benbrook; T. P.
Huffman, Euless; H. C. Cantrell, city;
A. M. Scott, city. Of these twelve men
a majority are prohibitionists and a
majority are church members.
As to the first-grand jury, it is here
affirmed upon knowledge that when
assembled no member of it had the re-
motest contemplation of any Investi-
gation of any person whatever: and it
is further affirmed upon knowledge
that at the outbreak of the sensation-
al-incthents-undor-rovlow. no-member
entertained a suspicion of the guilt of
any person whatever----------------------
As’ to the second grand jury, it' is
affirmed upon reliable information
that at the outset a majority believed
in the Innocence of J. Frank Norris.
As to both, it is manifest upon the
face of these far ts that a majority be-
ing prohibitionists and some church
members voted to Indict.
' < To prove conspiracy or a plot or
prejudice, it must be shown that such
men as J.SGrow of Mansfield, George
Hunter of Saginaw, L. D. Brown of
Smithfield, J. 11. Walker of Azle,
James Daniels of Grapevine and A. H.
Copeland of Arlington, all prohibition-
men and good citizens, who enjoy the
love, and respect of their neighbors.
were too stupid to weigh evidence or
were parties to an infamous conspira-
cy. No intelligent, and fair man will
believe either alternative, one of
which is necessary to sustain Judge
Swayne's charge of a "job.” It is such
men as these whom Judge Swayne in-
These .
Are the
Best Beans
, I ve Ever 1 asted V
* tos
"I have been identified, one way or an-
other, for a good many years with the
' pure food question. . I suppose there are
few canned goods I have not tasted and tested-1
know there are no canned beans I've not tried; be-
f cause I'm fond of good beans. The best I've ever
" eaten (and I’d not lend my name to this if I were not
convinced) are PtrrPul
111
, PORK AND BEANS -
WITH TOMATO SAUCE
I want you to take my advice and try these beans—the entire clean, careful process of prepa-
ration has been explained to me and I can recommend them heartily.
Served hot or cold-for home use or for picnics, outings or Chautauquas there can be nothing
so delicious or served with less trouble.
Our Word
MISS WALKER:
You get the real “home-cooked” flavor in White Swan’Pork and Beans—you get the delicate
pork flavor—just a touch; the rich, spicy tomato sauce cooked with the beans—evenly dis-
tributed; and the beans themselves—all hand picked and of a uniform size, and so delightfully
cooked that they fairly melt in your mouth leaving not a hull or a husk behind. In every
, Your Choice of Three Sizes
WHITESW
way belonging to the single high standard maintained
in all the White Swan Food Froducts and Canned
Goods—"better than the law requires.” . '
Ask Your Grocer -
If he has not yet put them in stock or if be is
sold out he will be glad to get them for you.
Waples-Platter Grocer Co.
f Dallas — Denison — Ft. V'.’h
PORK ,
can be materially reduced by trading with us. The object of our company is not so much that of Indi-
vidual profit, as it is an operation between buyer and selling, and this factor ks carried out in dealing with
every person that comes to us, whether it is to buy goods, or to sell produce of cotton. We handle the
largest stock of „ . ,
Groceries, implements. Buggies, Wagons, Harness, Oils,
Repairs, Salt and Feed Stuffa in Wichita County
and make prices lower than any competitor can attempt.
TO GRAIN GROWERS-We have just received a car load of Ply mouth Binder Twine, recognized as
the best twins on the market, which we are selling at 10c per pound. -If you are going to have grain to 3d
bind, it will be well to place your order at once.
Farmers Supply Co.
Phone 449
J. T. GANT, Manager
Mississippi Street
diets, and the simple recital of the
facts is sufficient to refute his charge
and to demonstrate the recklessness
of his speech.
Judge Swayne tells the grand jury
“to examine and see if somebody else
didn’t do it and try to set some other’
witnesses." He insinuates that detec--
tives who testified for the State might,
have-boon-influencod-by—rowaras.—L
join in the admonition to the grand
jury “to-examine-ari see if-somebody.
else didn't do it," and I submit for the
grand jury’s information that there
were other detectives. I call upon
them to summon Detective Wills of
the Burns agency. Detective O'Flaher-
ty of Fort Worth, Detective John Ho-
nea of Fort Worth, Detective Simpson
of Fort Worth, Detective McDonald of
State Ranger fame, and "Detective
Ed Davis of Oklahoma—the last nam-
ed being the uncle of the defendant—
all of whom were employed by the de-
fendant's friends. Here are more de-
tectives than testified for the state—
as a matter of fact,, only one detective
testified for the State and he testified
in rebuttal These men are experienc-
ed officers; surely they were not work-
ing for a reward; they were diligent in
trying to fix the crime upon others
than the defendant. Let the grand
jury also hear the defendant himself,
who did not see fit to testify before the
trial court in his own behalf; let all
these men tell what they know or what
^
wan
C
er, v. - 1st
COST OF LIVINI
they have learned, and let the grand
jury render judgment accordingly.
This is no longer a question of the
guilt or the innocence of the defend-
ant; that issue belongs to the courts
who will determine it upon the evi-
dence under the law. This is a ques-
tion of the guilt or the innocence of
two grand juries, the county attorney’s
department, the sheriff's department,
the department of the in, police, a
group of witnesses and a large body of
citizens; thlg issue belongs to the pub-
lie because Judge Swayne has thrust
it upon the public; and this answer is
made, not as to James W. Swayne, a
private citizen, whose personal accusa-
tion is worthy of nothing more than
contempt, but to a presiding judge,
whose gross violation of judicial pro-
priety would not otherwise be under-
stood beyond this city.
, This communication Is made with
profound regret. For propriety’s sake,
for my oath's sake, I have bit my ton-
gue while I heard this community two
grand juries, honorable witnesses and
myself assailed without justification
and maligned without reason. So long
as the misrepresentation and abuse
came from partisans and from hired
lawyers, I held it to be the duty of all
other citizens to refrain from public
expression, but when a judge upon the
bench makes official record of indict-
ment against good citizens acting un-
der oath as solemn as his, I dare to
protest, whatever the cost 'to myself,
and to invoke the judgment of all fair
citizens upon the issue which be has
wantonly provoked.
OUSLEY AND THE RECALL.
Waco Times Herald.
We are printing on this page the
caustic criticism of Judge Swayne by
Clarence Ousley, We do Ulla in no
partisan spirit, but for reasons which.
will dhclose themselves as we pro-
ceed.
, In the first place these remarks,
by the Fort Worth editor, make an
important chapter in a cause celebre,
and in the second place they raise
the Issue of Mr. Ousley’s fidelity to his
own preachments.
For months and months, Mr Ous-
ley has been crying out against the
Recall, and particularly’ has he in-
sisted that the judiciary should be
above the passions of the hour.
But here we have him using his pen
and his paper-to bring a judicial of-
ficer into public contempt, which it
seems to us, is far worse than It
would be for the public to pass on
this officer's fitness to administer jus-
tice.
We would suppose that Judge - -
Swayne would take note of this as-
sault on what is called the judicial
dignity, and should send Mr. Ousley to
jail, what would be Mr. Ousley’s opin-
ion of the sancity that doth hedge a
judge about?
We believe in every projier regard
for the courts and, for the men
called to preside therein......But cer-
tainly there should be some method
of holding a federal judge, for in-
stance, to a decent regard for the
rights of the individual. : Judge
Swayne is only a State judge, and
therefore Is answerable to the pub-
lic at stated intervals. Already a
movement has been started by Editor
Ousley to have him “recalled” at the
the next general election, and Editor
Ousley has been telling us that the
temple of our liberties would fall
about our heads if we subjected our
judges to popular clamor.
It Is a question—this thing of deal-
ing with the judiciary—that no man
cares to decide offhand. We want
our courts for the adjudication of
disputes as to property and for the
trial of offenders against the peace
of society. We also want, them to
protect us from hasty and dastard- ..
ly- legislation. But we can not ac-
{J
queace. in the notion that a judge can
rightfully become a despot. Imprison-
ing at will and sanctioning wholesale
robbery. 1. ’ -
We arc not here making accusations
against Judge Swayne; the right or
the wrong of what he has done in
not under consideration. We are-
dealing with judicial practices in
general, merely using this Ousley
" lutburst to show that there is a II In-
It—or rather should be—to the judi-
cial authority when same is exercis-
cd against the inalienable rights of
, the Individual. - A
Wichita Business College
A SCHOOL OF MERIT.
We teach Bookkeeping. Pen
, manship. Banking, Short-hand
and Typewriting and their nat
ural branches. Yau may enter
at any time. We conduct a
night class. Address Patrick
Henry, Secretary, Wichita Falla
Texas, over 110 Ohio, Phone 605.
Exchange.
Livery Stable
First Glass Livery Rigs,
All Bor Stalls for Board-
ers, Automible Service
Cars. Good Service all
the Time.
Corner Ohio and Sixth
... Phone as...
WILEY BROS.
Proprietors
Times want ads pay.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Donnell, B. D. Wichita Daily Times. (Wichita Falls, Tex.), Vol. 6, No. 1, Ed. 1 Tuesday, May 14, 1912, newspaper, May 14, 1912; Wichita Falls, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1663100/m1/4/?q=%22~1~1~1~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Texas State Library and Archives Commission.