San Antonio Light and Gazette (San Antonio, Tex.), Vol. 29, No. 313, Ed. 1 Wednesday, December 1, 1909 Page: 1 of 14
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Jerce’s Attorneys Claim Oil King Gave Himself Immunity Bath in Missouri and Should Go Free'
mn am mi ami
H** »• MtwHm to
AH Parta at tM City.
**•*l Dairy Cs. Pham STI
L'ME 29. Ne. 313
JAYS SECRET
SERVICE MEN
ARE LAWLESS
Justice Neill In the Court of
Appeals Takes a Rap at the
President's Guards.
STREETS FOR EVERYONE
One Who Converts Them to
Advertising Purposes Does
So at Their Peril
ROYAL PEREGRINATIONS
Caustic Opinion In a Damage
Case—Widow Gets Judg-
ment for $18962.88
That nubile streets are for the
equal use and enjoyment of the
several classes of travel to which
they are subject and he who con-
verts them to advertising purposes
does so at his peril. This is the es-
sence of an opinion handed down
this morning in the Fourth court of
civil appeals by Associate Justice
H. H. Neill in the case of the Fat-
ton-Worsham Drug company versus
A. C. Drennon from Bexar county.
In his opinion. Justice Neil says:
“The public can no more be de-
prived of its right to the free and
unencumbered use of its thorough-
fares • * • than they can be
of their liberties by the gleaming
of scepters crowns and crescents
or by the lawless acta of the secret
service men who go before a presi-
dent in his triumphant peregrina-
tions through a great republic.”
According to the preface to the opin-
fee plaintiff’s wife whs injured March
13 1906 while driving along the streets
of San Antonio when her horse be-
came frightened at sight of a team
driven by defendant’s servant J. R.
Lowry which was decorated with cloths
on which were signs in bright colors.
The lower court gave plaintiff a ver-
dict. for *lOOO damages. The high court
today affirmed this decision. In the
opinion Judge Neill says:
Public Can’t Be Deprived.
“Though streets are sometimes used
fpr purposes of advertising they were
never intended or designed for such
purposes and when so used by anyone
he is if not absolutely liable for any
damages that might be reasonably an
tiripated to flow from it. at least liable
for any injury that may so be caused.
The public can no more be deprived
» r it? right to the free and unencumber-
ed use of its thoroughfares by the
flaunting of banners the flapping of
gaudy enparisons the display of pyro- I
technics the blare of trumpets “the |
soirit-stirring drum the ear-splitting
fife and all quality’’ that gladdens the
eye quickens the step and thrills the
sou! of the small boy than the people
can he of their liberties by the gleam-
ing of scepters crowns and crescents or
by lawless nets of the secret service
men who go before a president in his
triumphant peregrinations through a
great republic. » ♦ • •
“The restrictions which the law im-
poses upon all modes of travel anil trif
fie on the highways are such as tend ;
to secure to the general public the high- [
cst enjoyment oi the easment and must i
bo observed and borne by all alike on
the broad ground that all have an equal ]
right to travel in safety.”
Quoting from the case of Ind. and G.
■Rapids Transit Co. vs. Haines 69 N. R.
IR7 the opinion continues upon the sub
jtet of travel bn the streets and says: j
“It appears that the defendant was
using his wagon as a medium for ad-
' vertising his business of selling bicycles
and tn thi’ end it had upon it several I
nickcl-plated bicycles with flags flying
from side to side. The defendant testi- i
f:e<| that he carried flags and so decor- I
bis wagon to let people know his
people were true Americans However
admirable such an unusual display of '
loyalty and patriotism might be if ex I
hibited on the Fourth of July it is of j
rather questionable practice to let it
cope out and bubble over on other days I
in a great thoroughfare of a populous I
citv to the extent of endangering the
property and lives of other citizens.”
Widow Gets Judgment.
The court of appeals this morning af |
firmed the case of the Alamo Dressed
Beef company versus Benjamin F. Year-
gin. bv guardian an appeal from the
Forty-fifth district court.
Yeargin was employed bv appellant as
a stationary engineer at its plant. He
was injured November 29 1905. when a
valve exploded severely scalding him
and fracturing his skull. Suliseqmmtly j
hr became insane. The lower court gave
him a verdict for 1 $18982.88. An appeal
was taken in which his widow stood in
his stead which was today affirmed.
Full proceedings of the high court
this morning were as follows:
Opinions: Patton-Worsham Drug com- ।
panv vs. A. C. Drennon Bexar county
affirmed; G. H. & 8. A. Railway com-
pany vs. W Quilhot Gadalupe county
SAN ANTONIO LIGHT
AND -GAZETTE
DON'T LET IT GO TO YOUR NERVES ME LORDS!
Mrs. Wm. Hays Chapman the 810000 000 widow married an American despit e the fact that a half dosen foreign no-
blemen were after her.
reversed and remanded; Rio Grande
Lumber Co. vs. J. H. Bummers el al..
Maverick county nffirihed; Texas Land
and Investment Co. vs. Geo. A. Ken
nedy et al. Medina county writ yf er-
ror dismissed; Alamo Dressed Beef Co.
vc. Benjamin F. Yeargin by guardian
Bexar county affirmed: San Antonio
Traction company vs. David E. Higdon
Bexnr county affirmed.
Motions Submitted: Kettler Brass
Mfg- Co. vs. John O’Neil for conclus-
ions of faet; W. D. Myers vs. L. B.
Moody for rehearing; John O’Neill vs.
Sun company for rehearing; T. & N. O.
R. R. Co. ds. W. C. Plummer for re-
hearing; Chas. Schauer vs. Otto Schauer
and Irene Schauer to dismiss appeal;
Western Union Telegraph company vs.
W. L. McDonald for rehearing; Joe
Adams vs. I. & G. N. R. R. Co for re-
hearing: N. H. Simmers et ux vs A. R.
Anderson sheriff to set aside order
dismissing appeal.
Motions Overruled: Lake Charles Na
tiona) bank vs. J. 1. Campbell company
for rehearing; Smith and Sholars vs. C. !
I S Fowler et al. for rehearing: J. W.
| Lightfoot et al. vs. A. Horst et al. for
rehearing and for additional findings of
fact; Geo. A. Kennedy et al. vs. .T. M.
Thornton to dismiss motion to affirm
on certificate; Juan F. Rodriguez vs.
Joe Priest et al. to postpone submission.
No motions were granted at today's
session.
Casos Submitted: I. &G.N.R. R. Co.
vs. W. M. Owens. Bexar county: I. &
G. N. R. R. Co. vs. Vincent Miller.
Bexar countv; Chas. Magerstadt vs.
Geo. M. Martin. Bexar county; .Tames
1. Porter vs. El Paso & S. W. Railway
Co El Paso county; I. & G. N R. R.
Co. vs. Nestor Paloma Bexar county;
G. H. & S. A. Railway Co vs. John Cal-
lahan. Bexar county: J. S. Millar vs. S. 1
C. Ward. Dimmit county: Anna 8. Taft
et al. vs. S. C. Ward. Dimmit county; |
Jose Maria Flores et al. vs. J. C. Ho-
vel et al. Bexar countv; Hartford Fire I
Insurance company vs. J. D. Becton et i
al. Guadalupe county; Texas & Pacific
R. R. Co. vs L. W. Hoffecker. El Paso i
county; G. H. & S. A. Railway Co. vs.
J F. Grant. El Paso countv.
ANNOUNCES CANDIDACY.
Special Dispatch.
Weatherford. Tex. Dec. I—Fbitz G.
Lanham son of former Governor 8. W.
T. Lanham today announced he will
be a candidate to represent Parker
county in the next legislature. He is a
prominent local attorney .
NOTORIOUS OUTLAW KILLED OFFICER IND
BYSTANDER WOUNDED IN BATTLE
Associated Press.
x Tulsa. Okla.. Dee. I.—-Melvin O. Oley a notorious outlaw was killed
and Deputy Marsha] Gooch and Tom Baxley were seriously wounded in a
pitched battle between Oley and the officers late last night at Feifer an oil
town fourteen miles south of here.
It is alleged Oley opened fire on Town Marshal Highnote as the men
passed in the street he having vowed he would avenge the killing of his
brother. Homer Oley by Highnote two months ago. Highnote and Gooch return
ed the fire and after a number of shots were exchanged Olc.v fell dead. Bax
lev a bvstander. was wounded bv a strav bullet. Highnote was uninjured.
Gooch and Baxley were brought to a hospital here this morning. Both
may be fatally injured.
14 PAGES
MYSTERY SURROUNDS
DEATH OF WOMAN
Body Found in Bath Tub in Vacant Building
and Police Are Investigating “House
of Mystery" in Brooklyn.
AUNT OF DEAD WOMAN IS
Associated Press.
New York Dec. I.—The mystery sur-
rounding the death of Mrs. Snead the
young Brooklyn woman whose body
was found in a bath tub in a vacant
house at East Orange N. J. yesterday
is still unravelled today though the
police have taken into custody the vic-
tim’s aged aunt. Miss Wardlaw pend-
ing an investigation the aunt’s state-
ment having been regarded as contra
dietory.
Clues lead the detectives to Flatbush
Brooklyn early today and what they
found caused them to attempt the es-
tablishment of a connection between
the death of Mrs .Snead in East Orange
and happenings in the so-called “house
| of mystery” in the Brooklyn suburb
■ where Miss Wardlaw Mrs. Snead and
; two strange old ladies lived until re-
i cently.
Further probing into the strange oc-
i currence disclosed that Mrs. Snead had
j an insurance policy of $20000 on her
life and the two wqmen came to East
I Orange from Flatbush. Search of the
“house of mystery” in Brooklyn by
I detectives today lead to the discovery
I of blood spots in various rooms of the
| house. In the kitchen stove the police
I found two bundles of human hair
I while crushed down in the stove were
four human bones partly burned. The
skull of a child two years old was also
| brought forth from the stove. Blood
spots in four rooms on the upper floor
[ were discovered and the detectives or-
SAN ANTONIO. TEXAS. WEDNESDAY. DI
dered the cellar to be dug up and the
floors torn up.
Mrs. Snead's husband disappeared
last summer.
ABILITY OF MISSES MUNRO
AND HAM IS PUT TO TEST
A recital was given last evening at
the San Antonio Conservatory of Mu-
sic to test the ability of Misses Daisy
Munro and Effie Harn.
Selections from a list were given and
the audience chose the difficult classical
pieces that formed the examination.
L. Arnouts was the violinist of the
evening and rendered the followings se
lections: Concerto by De Berivk; Se-
renade Pierne; Meditation of Thais
Massenet.
Miss Daisy Munro received her diplo-
ma after playing Bach’s Andante Mos
cheles Concerto Capricicetto by Mos
kowzhi. Spring by Grieg and Chopin’s
Waltz.
Miss Ham played Mazurka by Chopin
Bavatelli by Engebnan.
Mrs. and Miss Ball served punch
after the recital.
MITCHELL SUCCEEDS LAFFAN.
New York. Dec. I.—Edward Mitchell
for manv rears on the editorial staff
o> th New York Sun. -as been elect
ed president of the Sun Printing and
Publishing association succeeding the
late William Laffan.
CFor San Antonin and vicinity
tonight and Thursday:
L Partly cloudy weather.
The maximum temperature
for the 21 hours ending at 8
Ooh lock this morning was .18 de-
gmos and the minimum was IS
degrees.
O Comparative temperatitres for
this year and last:
DI 90S 1909
4 a. m S 3 SI
a a. m 5n SO
_ _ Sa. m 52 48
»» 10 a. m
■ W jj noon S 3 RS
■ . Ip. 7® 71
Spacial Dispstch.
Austin Tex. Dec. L—Consul for
Henry Clay Pierce head of the Witen-
Pierce Oil company on trial here on a
charge of false swearing in connection
with re-admitting the company into
Texas this morning sougth to secure im
inunity for Pierce on the ground the
statute of limitation has operated
against the prosecution.
Upon the conclusion of the reading
of the indictment when court convened
a motion asking immunity was imme-
diately presented to District Ju.lge <'al
hmm. The motion contends that Pierce
was not a resident of Texas and while
absent from the state was not a fugi-
tive from justice and for the same rea
son that a citizen of the state would be
immune from prosecution after the ex
piration of the limitation. Pierce should
be immune. Counsel argued the limita-
tion operated in the case of Pierce as
if ho had been a citizen of Texas.
The court granted a recess to enable
the state to prepare an answer. This
will probably be one of the most im
portsnt questions in the trial.
Counsel in the plea for immunity as
sorted that Pierce was compelled to in-
voluntarily testify in the anti-trust case
filed against his company in Missouri
and that he is granted constitution:!
| protection from proseeution in matteri
about which he is compelled to testify
in another ease. The motion and the
state's answer will be submitted to the
juty.
The court ruled that the state would
not. hie permitted to introduce any state-
ment not connected with an affidavit.
JOHNDEE NOT WORRIED
BY CLEVELAND STORY
He Arrives In New York and
Treats It Lightly—Mrs
Rockefeller Is 111.
ARRESTED
Associated Press.
New York. Dee. I.—“Oh pshaw? Oh
pshaw!” said John D. Rockefeller
smilingly today as he alighted from a
train Trom Cleveland and wns told ho
had been marked for kidnaping or per-
haps killing in his home city. “There's
nothing to the story at all. It all seems
to have started because I did not make
a speech T promised at the Euclid Ave-
nue Baptist church in Cleveland. Well
!W> condition of my wife’s health pre-
vented that that's all. My wife is a
very sick woman and I camo here at
this time instead of earlier because of
her health. Also business called nie here
at this time. I'm not the least bit wor-
ried about this sforv.”
NEARLY A MILLION AND A
HALF IN REALTY DEALS
During the month of November. 687
j transfers of realty were made that
number of deeds being recorded at the
office of the county clerk. The prop-
■ erty was valued in the aggregate at
$1491318 which compares favorably
with any month during the past year.
। It is also one of the heaviest months
lof this year. The average number of
| transfers filed daily was more than
j twenty six.
OKLAHOMAN KILLED
AT WICHITA FALLS
Special Dispatch.
Wichita Fulls. Tex. Dec. I.—D. J.
Resink aged 42 a merchant of Fred-
erick. Oklahoma was run over and kill
ed by a freight train in the local rail-
road yards here early this morning. He
was seen sitting on the track when
trains were switching. He had notes
and cash to the amount of $lOOO on his
person.
PAY AB-YOU-ENTER SYSTEM
MAY BE ADOPTED HERE
W. B. Tuttle vice-president and gen-
eral manager of the San Antonio Trac-
tion company is at Houston today in-
vestigating the pay as-you enter system
now in operation on street cars in that
city. Should the investigation van out
the traction company here will probably
adopt it on the busiest lines in order to
relieve the over worked conductor.
BER I. 1909.
FILE MOTION
CLAIMING
IMMUNITY
Counsel for H Clay Pieice Ad-
vances Several Reasons Why
He Should Not Be Tiied
THE STATE IS GIVEN TIME
Will Prepare Answer and the
Facts Will Be Submitted to
Jury for Decision
14 PAGES
ENDS LIFE AT
BREAK OF DAY
Scion of Wealthy Family Regimental
Sergeant Major at Ft. Sam Houston
Shoots Self on Eve of Marriage.
LOVE COULD NOT lUI he 01 * y° un « **><»▼•
q * »»r T?DAM W * h * Brt ’ ® amue * Bogart writes a note da-
□AVE nlln rKUIu scribing his action as “A deliberate attempt
II l) A | I) to end an ill spent life'' and puts revolver to
BROTHER ON WALL ST. NOTIFIED
‘•This deed was not done during a f t of ‘temporary insanity*
but is a delilierate attempt to end an ill-spent life.”
SAMUEL B. BtMiART.
These were the words that explained how Samuel B. Bogart
regimental sergeant major. I . S. A. stationed al Fort Sam Hous-
ton since the Third field artillery has been at that post met his
death. His lifeless body was found lying along the roadside on
Brackenridge avenue al 6:30 o'clock this morning. A wound in his
head and a 38 caliber Colt's army revolver lying on the ground al-
most against his right hand told of the manner in which his exist-
ence had been snuffed out.
A photograph of a comely young woman lay over his heart.
Just the other day he was arranging with a chaplain at tbe post
for a wedding to Miss Nora Lundgren who lives on Hood street.
Photographs of his fiancee and memliers of his family he had care-
fully locked in his trunk before he left his room at the Isiarding home
of Mrs. A. Murray. 1414 Grayson street at 5:30 o'chu-k this morn-
ing. He had been on a month's furlough and was on his way to
report for duty.
1 Not until the note wan found would
the police or Coroner Ben Fisk give
credence to the suicide theory notwith
standing it was at once admitted that
I the bullet that pierced his brain had
been fired from his own revolver. A con-
dition contrary to all rules that the
peace officers have come to recognize
was found to exist and for a time it
was thought that Sergeant Major Bog
। i art had been the victim of foul play.
The first to discover the body were
I Austin Henry 242 Simpson atreet and
l John Hayden 210 Lubbock street. Both
are in the employ of the Artesian lee
I company and it was while on their way.
! to work they came across the dead man
'lying beside the road. They at ouee '
I communicated with post headquarters
and later police headquarters was noti-1
fled.
Shot In Back of Head.
When the coroner police and army
officers reached the scene the body was ;
i found lying on Brackenridge avenue j
' about fifty yards oast of where Brack- j
enridge avenue intersects wtih the other;
: thoroughfares. What most aroused the I
; suspicions of the officers was the nat-
|ural position in which the body was;
; found and the further fact that the
bullet had pierced the brain after enter-
ing the skull directly at the back and:
at the base of the brain. The fact that'
no powder burns were visible is some- j
thing the officers were unable to ac-!
I count for. in view of the fact that the i
;gun was necessarily held close to the!
head when the finger pressed the trig
ger.
Just what the underlying motive was
that prompted Bogart to take his own
life is not known by his companions.
His written statement that it was not
done during a “fit of temporary in-
sanity” which he quoted but that it
was a deliberate attempt to end an ill-
spent life is regarded as significant but
the full meaning of which cannot be
explained by those who knew him best.
Sergeant Major Bogart was a single
man and the finding of a photograph of
a very pretty young woman in the)
pocket of his blouse just over his heart
some of his companions believe may
have had some connection with his un
tirtiely end.
Sergeant Bogart had spent three |
weeks of his month's leave in Boston..
Mass. and had been in the city about
a week. He again took up his residence
at the Murray house 1411 Grayson
street on his return. Nearly all the.
post noncommissioned staff officers!
board with Mrs. Murray and expressed i
the deepest regret at the loss of so bril-
Jia nt a comrade. They held him in
high esteem as did every one that knew :
him and he is accredited with being the
brightest enlisted man at Fort Sam'
Houston.
He was engaged to be married short-
ly to Miss Nora Lundgren residing on ;
Hood street and had spoken to Chap- !
lain Dickson about the matter but had I
not set a definite date. Whether thisj
had anything to do witli his rash act
no one know. This morning he was seen I
bv the cook at the Murray house about
5:3(1 o'clock and it was learned from j
Mrs. Murray that ho had removed all;
of the pictures from his dresser and I
put them in his trunk before leaving his I
room.
The death of Bogart camo as a dis 1
ffIIHICECKM
**TASTU LIKS MO«r*.
M teuMa'M. OrMea «•* kanaMta. m
mtiHt jyy- •*“* affawa a»4 family
druHery uidry C*. Ph9W—l7l
PRICE: FIVE CENTS
Itinet surprise to his warmest friends
who. after all knew little about him.
' That he contemplated such a deed had
pever been intimated to them by any
action of the man. He is said to have
been a most jovial companion always
in a happy mood possessing a remarka-
bly good disposition and always had a
good w-ord for every one with whom
he came in contact. He was a man. his
companions say who seldom indulged
in intoxicants. After being viewed by
Coroner Fisk who pronounced the
cause of death as that of suiside the
remains were convoyed to Fort Sam
Houston army ambulance.
Sergeant Major Bogart has been con-
nected with the regimental headquarters
at the }M>st for almost a year ever
since the Third field artillery has been
stationed there. He was 23 years old
single and has been connected with the
United States army for about six years.
He enlisted in the army in New York
his native state. In the note found
on the body which was addressed to
Captain Brooke Dayne stationed at the
post. Sergeant Bogart advised that his
brother. Robert B. Bogart. 25 Wall
street New York city be notified of
his death.
Heard the Revolver Shot.
As far as learned he was last seen
by his friends during the early part of
the night a short distance from his
home. He was in his usual good health
and spirits. It is believed that Bogart
shot himself about 5:45 o’clock this
mornjng. At that time. T. P. <*ollins
who resides at the corner of River ave-
nue and Brackenridge avenue reported
to the police he hoard a shot discharg-
ed.
All the officers who knew him feel
that the service has lost an efficient
soldier and gentleman in his death.
Capt. B. Payne Third field artillery
said:
“I regret it very much for he was
a man of sterling qualities.”
Chaplain Dickson and Chaplain Per-
ry of the Third field artillery also ex-
pressed similar opinions.
The funeral will be held tomorrow
morning at 10:30 o'clock from the hos
pitll.
(Continued on Page 10.)
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San Antonio Light and Gazette (San Antonio, Tex.), Vol. 29, No. 313, Ed. 1 Wednesday, December 1, 1909, newspaper, December 1, 1909; San Antonio, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1692407/m1/1/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .