The Houston Post. (Houston, Tex.), Vol. 25, Ed. 1 Thursday, December 2, 1909 Page: 1 of 16
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ALL NICARAGUAN
RELATIONS SEVERED
Knox Returned Rodriguez's Passports and
Scathingly Denounced Zelayan Government.
NEAR WAR STATUS
Only Declaration by Congress
Needed.
ZELAYA HELD RESPONSIBLE
Personally for Torture and Death
of Americans.
REVOLUTIONISTS RECOGNIZED
letter to Charge d'Affairs De-
clared They Represent Will of
Majority Demand for Rep-
aration Held in Abeyance.
(Associated Press Report.)
WASHINGTON. December 1.-
Fellpe Ro-lrlgues charge d'affaires
of the Nlcaraguan legation wai
tonight tendered hla passports by
Secretary of State Knox thereby
severing the dlplomatlo relations
of the two countries.
In his note tendering the Nlcara-
guan charge d'affaires his pass-
ports. Secretary of State Knox In-
formed him that Nicaragua wou'.l
he held to an observance of the
principles of the Washington con-
ference of South American repub-
lics In the Interests of general
peace and harmony.
Secretary of State Knox also In-
formed him by note that the United
States would hold personally re-
sponsible the men responsible for
the torture and execution of tho
two Americans. Grace and Cannon
who recently were killed In Nicara-
gua. IlilMIIIIIIIHtUt.MIMil
(Associated Prist Report.)
WASHINGTON December 1. Secretary
of State Knox late today returned the
passports of Felipe Rodrbrues charge
d'affaires of the Nlcaraguan legation
with a letter scathingly denouncing tho
Zelayan administration's government of
Nicaragua. The letter Is definitely de-
clared to represent the views of President
la ft and is as plain spoken as anything
emanating from the State department in
fifty years.
The extraordinary foature of tho let-
ter Is that it seems to evidence an In-
tention upon the part of the United
Males to holJ President Zelayu person-
ally responsible for the alleged tortura
and execution of the Americans Cannon
mid Groce and exhibits the ui'lque sit-
uation of one government holding tha
chief executive of another practically as
a common malefactor.
Zelaya is branded as a violator of sol-
emn international conventions a dis-
turber of the National and International
peace and a tyrant whose administra-
tion has been a blot upon the name of
pod government.
Secretary Knox virtually announces tha
recognition of the Nlcaraguan revolution-
ists declaring it to be the conviction of
the United States that the revolution
ittpresents the sentiments of a majority
of the Nioaraguan people and that triers
Is evidently no responsible government!
with which the United States can deal.
He therefore announces that all partit
will be held accountable for their actions
ns affecting the lnterests of Americans
nnd the peace of Central America.
He further Informs Senator Rodriguez
that while he has lost his diplotnatio
duality he may still serve as an "un-
official" channel of communication with
the faction which he Is regarded as rep-
resenting. WAR APPARENTLY" IMPENDING.
This brings the crisis as near to the
status of war as It could be brought by
executive act'on without a definite declar-
ation by both houses of congress which
will convene next Holiday.
Mr. Knox's letter In all but so many
words make It plain that the action rep-
resents the wish and attitude of all tho
Central American States with the single
exception of Honduras which Is regarded
here as being entirely dominated by Ze-
laya. Mexico has all along shown its
sympathy with the United States In this
matter.
Just what status the consular repre
sentatives of the United Statos In icar-
a'gua now enjoy is not definitely ex-
plained tonight. It Is expected however
that Vice Consul Caldera who has been
occupying the leratlon at Managua to-
gether with the other consuls In that
country will be given their passports.
This is the usual method of procedure In
cases of such action between govern-
ments. Following Is the text of Secretary
Knox's letter to Senor Rodriguez:
TKXT OF KNOX'S LETTER.
"Department of State Washington D.
December 1 1909. Sir: Since the Wash-
ington conventions of 1907 It la notorious
that President Zelaya has almost contin-
uously kept Central America In tension or
turmoil; that he has repeatedly and
flagrantly violated the provisions of tha
convention and by a baleful Influence on
Honduras whose neutrality the conven-
tions were to assure has sought to dis-
credit those sacred International obliga-
tions to the great detriment of Costa
Rica El Salvador and Guatemala whose
governments meanwhile appear to have)
been patiently able to strive for the loval
support of the engagements so solemnly
undertaken at Washington under the aus-
pices of the United States and Mexico.
. "It M equally a matter of common
nja.n i inM-iiri ii i-ir-i-r-rnrinru-i.iiiwi
r (Continued on Pare Two.)
25TII YEAR.
o
SUMMARY OF NEWS
THE WEATHER.
Forecast for Houston and vicinity for Thurs-
day Generally fair with moderate temperature.
Temperature and precipitation records for
Houston for the twenty-four hour ended at 7
p. m. Wednesday:
Temperature Maximum 75; minimum 88.
.Precipitation trace.
(Associated Prist Report.)
WASHINGTON December 1. East Texas
Fair Thursday and Friday.
Louisiana Fair Thursday and Friday.
West Texas and Oklahoma Generally fair
Thursday and Friday.
Domestic
MRS. HARRIET MOTT sister of the no.
torioua Bidwell brothers died at Muskegon
Mich.
GUS SARTIN wanted in Arkansas and Texas
on charges of a killing and robbery killed
himself at Sacramento Cal.
INVESTIGATIONS in Kansas City disclosed
fixing of the prices of produce as well a.
meats by the packing house firms.
THE CITY COUNCIL of Lake Charles La.
refused a petition asking the prohibition
question be submitted through a special elec-
tion. JUDGE CHARLES P. COFFIN at Walnut
Ridge Ark. granted a motion requiring of.
ficials of the American Book company to
appear as witnesses in proceedings instituted
on charges of anti-trust law violation.
ALL DIPLOMATIC relation between the
United State and Nicaragua were formally
severed. Secretary of State Knox returning
the passports of Charge d'Affaire. Rodri-
guez. Mr. Knox' letter to Senor Rodri-
guez Intimated that Zelaya will be held per-
sonally responsible for the death of Groce
and Cannon.
Foreign.
THE NATIONAL Liberal Federation Issued a
manifesto at London demanding the restric-
tion of the peers' power of veto.
GOVERNOR CREEL of Chihuahua at Mexico
City denied that he would be sent to Cen-
tral America by the Mexican government.
Texas.
CONGRESSMAN Morris Sheppard and Miss
Lucille Sanderson were married at Texar
kana.
FOUR INDICTMENTS were returned by the
Dallas grand jury against three alleged bank
robber..
D. J. RESINK of Frederick Okla. was killed
under the wheel of a freight train at Wichi-
tat Falls.
LOUIS COFFMAN convicted of wife murder
at McKinney wa. denied a new trial ami
may appeal.
THE DEFENSE in the H. Cl.y Pierce trial at
Austin objected to the introduction of the
Pierce affidavit because it had been sworn to
before a woman notary.
Railroads.
THE DEAL by which the Yoakum crowd takes
over the Brownsville road has been effected.
ANNOUNCED official reason for the divorc.
ing of the Rock Island and Frisco systems
was not fully accepted in New York railway
circles.
Sport.
BIDS for the Jeffries-Johnson fight were
opened at Hobcken N. J. but the selection
of the battleground was postponed twenty-
four hours.
FOUR PERSONS including Secretary P. T.
Treat of the New California Jockey club
were subpoenaed at the Emeryville track to
appear before the Oakland (rrand jury today
with regard to alleged betting.
TRESTDENT JOYXER of the South Atlantio
league telegraphed Preaident Cavanauph of
the Southern league that Chattanooga has not
purchased its release from his association
and the Little Rock transfer was denied.
Houston.
THE REAL ESTATE transfers filed yesterday
aggregated 178006.02.
THE LIBRARY fund collected in the schools
reached the sum of $460.
THOMAS BRINSFIELD provided In hi. will
for the burial of his body in Alabama.
A COMMITTEE of Houstonian. will leave
Saturday morning for Washington D. C.
THE MANAGERS of the Kirby Lumber com-
pany'. mill .tore are in Houston purchasing
supplies.
THE CATTLEMEN of the western portifm of
the county are aroused over recent theft in
their midst.
J. M. WEST is opposed to the Texas railroad
commission taking action on the lumber rate
controversy.
THE MEMBERS of the Houston Business
league visited many important factories on
Wednesday.
A FOUR-STORY annex will be erected by the
Myers-Spalti Manufacturing company to it.
present plant.
THE MEMBERS of the Brownsville court of
inquiry will make a trip down the channel
this morning.
TRADE IS CRIPPLED.
Industry Handicapped by Union
Switchmen's Walkout.
(Associated Prtss Report.)
ST. PAUL. Minn.. December 1. Every
line of Industry In Duluth and Superior
and all cities of the Northwest depend-
ent on the movement of supplies is seri-
ously affected by the strike of the rail-
road switchmen which began at 6 o'clock;
last evening. It is estimated that upward
of 11000 men are Idle on account of tha
strike order thousands of freight han-
dlers and teamsters losing time by reason
of the frelgbt blockade In the terminal
towns while a continuance of the strike
for several days will throw additional
thousands out of work.
The railroad lines are filled with stalled
freight trains and an attempt to move
a few cars Is making no Impression.
The railway managers' committee an-
nounced today that they were bringing
to fit. Paul new switchmen to take the
places of the strikers. To this President
Hawley of the Switchmen's Union ot
North American replied:
All right let them uome; we will not
object."
The first business Interests to be af-
fected were the wholesale and commis-
sion houses. Wholesale grocers reported
that no business is moving.
Some of the larger commission houses
today reduced their x.nrklng forces nnl
will make further reductions If the strike
continues many days.
In Minneapolis the flour mills closed to-
night and It is estimated that S500 men
employed In them are idle. A continua-
tion of tha strike will throw out of em-
ployment about 1600 more who are em-
ployed In the cooperage and allied trades.
In the Iron range country the small
towns will soon be facing a famine un-
less trains of foodstuffs can be moved.
All hopes of a settlement of the strike
at present are at an end. This was in-
dicated by the departure for Washington
today of Martin A. Knapp ot tha intei-
state oommerce commission and United
State. Labor Commissioner Charles P.
NellL
TT ; nr TT TT rX rnl 5?S.T TT
Hiiii wa
HOUSTON. TEXAS THURSDAY. DECEMBER 2 1909.
rrj-aJJ1J-u-fruj1J
WAS DUMFOUNDED
NICARAGUAN CONSUL SHOCKED
BY AMERICAN ACTION.
Anti-Zelayan Faction at New Or-
leans Enthusiastically Celebrated
Severance of Relations.
(Houston Post Special.)
NEW ORLEANS December 1. Consul
General Altsehul. who represents the
Zelaya government at New Orleans was
almost paralysed when he was InformM
by The Post correspondent of the sever-
ance of diplomatic relations between the
United States and Nlcaragui.
"Oh. my poor country" he walled. "I
am sorry for my country."
Altsehul was so dumfounded that he
said that he was unable to say what
course he would pursue In future. He
realizes that he Is on his diplomatic
uppers and that his official career here
Is at an end.
The revolutionary junta In New Or-
leans was wild with joy and the anti-
Zalayan Nlcaraguans here are celebrating
with the characteristic Central American
enthusiasm.
No Comment in Mexico.
(Associated Press Report.)
MEXICO CITY December 1. News of
the severing of diplomatic relations be-
tween the United States and Nicaragua
had not been received through official
channels up to a late hour tonight by
Mexican government officials or members
of the diplomatic corpa. Basing their re-
fusal on thnt fact they declined with one
accord to give expression of their views
on the subject when advised of the fart
by the Associated Press.
Ignaclo Mariscal minister of foreign
relations who lust night said that he
had recently submitted a plan to tho
United States government for a pt-aceable
solution of the difficulty rend with ap-
parent Interest a press dispatch telling
of the rupture but declined to make any
comment.
David E. Thompson the retiring Amer-
ican ambassador and First Secretary
James G. Bailey his successor in char?e
of the embassy make like refusals.
Enrftiue C. Creel governor of Chihuahua
and former Mexican ambassador to the
United States who arrived In Mexico
Cltv tonight declared that he was not
sufficiently familiar with the situation to
discuss it.
In unofficial circles where the news
spread with remarkable rapidity there
appeared to be n wide divls'on of senti-
ment the balance of sympathy so far
as could be discerned however being In
favor of the United States.
Duncan Hankhardt. the Salvadorean
consul at Mexl. said: "1 can assure
nu that the republic of Salvador will be
strict I neutral In this affair. Just the
other day I received a letter from the
S resident of Salvador and be stated that
alvador was keeping out of the trouble
In Central America and would continue
to do so."
The Princeton Expected at Vallejo.
Associated Press Report.)
VALLEJO Cal. December 1. Accord-
ing to wireless advices received today
from the gunboat Princeton which Is an
route here from Bremerton the vessel
will arrive tonight or tomorrow morning
stopping only a short time and then pro-
ceed to CorlntoNlcaragua
ViA . 'VV I Political tr ic k upon I latl
vV kV' them cone run
TYSS. feJNL iv y) ON MOW AND 0ONT A
--------. - -
BUILDING TfiE FIGUREHEAD.
oooooooooooosooooooooooosoooooa o
PRICES OF PRODUCE
AS WELL AS HEATS CON-
TROLLED BY PACKERS.
Indictments Against New Huge
Trust May Be Returned by Kan-
sas City Grand Jury.
(Houston Post Special.)
KANSAS CITY December 1. Do the
packers control the prices of eggs and
butter and fruits In Kansas City as
well as meats? The criminal court grand
Jury In Its Investigation of the Kansan
City fruit and produce exchange nan
struck a trail that leads directly to the
packers' doors. Among the first dis-
closures made was that the Armour Pack-
ing company. Swift & Co. and the Cudahy
Packing company are members of ttvi
board of directors of the fruit and prod-
uce exchange which meets every day et
11 o'clock at the Centropolls hotel to fix
the market prices of fruits butter egits
and other products for the day.
John Hagland representative of tha
Armour Packing company and Koy
Stone representative of Swift Co. the
largest storers of eggs and purchasers
and manufacturers of butter In this part
of the country represent these companies
on the fruit and produce exchange every
day. Hagland Is one of the members of
the committee of five which fixed the
market quotations on butter today. Fif-
teen grocers have been subpoenaed to
testify about the alleged combination.
Rome of the grocers say members of the
fruit and produce exchange tell them
what they will have to pay. and they
pay It.
It was learned today that Indictments
will he submitted to the grand Jury
against the big packers In the produce
exchange.
SARTIN KILLED HIMSELF.
Anticipated Action of Arkansas Of-
ficials at Sacramento.
f Associated Press Report. )
SACRAMENTO. Cal. December 1 -Gus
Sartln wanted In Arkansas for an alleged
killing and In Texas on charges of rob-
bery killed himself In the city prison here
today by hanging.
(Associated Press Report.)
IJTTLE ROCK. Ark.. December 1
Sartln was wanted at Payetteville. Ark.
on the charge of killing Mrs. Winkleman
at her home three years ago and robbing
her of 110000. which she carried In a belt
around her waist. She was murdered In
the room of a boarder who disappeared
following the tragedy. Sartln was alleged
to have been the boarder.
(Houston Post Special.)
SHERMAN Texas. December 1 Mes-
sages were reclved at the offices of both
the sheriff and chief of police here this
afternoon confirming the report of the
suicide of Gus Kartln In Jail at Sacra -menti
Cal.. held there for the murder
and robbery of Mrs. John Winkleman
at Payetteville. Ark. Private messages
from a friend of the dead man In Sacra-
mento say that she. wU brlns; the body
here for burial.
Tom Sartln. father of Qua Sartln. has
expressed t lie desire that his son be
burled In Sacramento and that he will
pav the expense. Tonlafht he wired Sher-
iff Sam Ru b. wiio will be In Sacramento
tomorrow. ' Identify Uus Sartln sure wire
full particulars. Including hla belongings
and await further Instructions)"
POST.
--------
LIMIT PEERS' VETO
PLEA BY NATIONAL LIBERAL
FEDERATION.
Asquith Alleged That Lord's Action
Was Usurpation of Rights of
House of Commons.
(Associated Press Report.)
IXNDON December 1. The National
Liberal Federation tonight issued a mani-
festo to the country which may be re-
garded as a party rally for the elections.
It concentrates attention entirely on tho
constitutional struggles between the house
of lords and the house of commons. It
says :
"If the present action of the peers Is
not repudiated officially by the people the
rights of the privileges won so dearly by
our forefathers In the great struggles for
freedom are all surrendered."
The manifesto declared that the peers'
power of veto must be restricted so that
the last word in legislation and finance
will rest with the house of commons. It
was said that no liberal ministry again
can assume the responsibility of office.
PEERS' MOTIVE IMPUGNED.
"In the fight forced upon us" the man-
ifesto continues "the electors have to
decide whether they wish to govern them-
selves or be governed at second hand by
a few hundred hereditary peers who
have thrown the constitution Into the
melting pot in order to shift the burden
of taxation from wealth land and liquor
to food and the necessaries of life."
I.ord Rosebery In a letter to the press
tonight repudiated the charge made by
Lord Cunon that he "led an army to
the walls of a fortress and then aban-
doned it."
I-rd Rosebery reiterates that through-
out he has opposed and warned against
the course the lords have taken as one
calculated Injuriously to affect the house
of lords Itself and enhance what popu-
larity the budget may possess.
CONSTITUTIONAL BREACH AL-
LEGED. Premier Asquith announced In the
house of commons today that tomorrow
he will move a resolution to the effect
that the action of the house of lords in
refusing to pass into a lsw the financial
provisions made by the lower chamber
for the expenses of the year was a
breach of the constitution aid an usurpa-
tion of the rights of the house of com
mons.
The conservatives have decided to meet
Premier Asquith's resolution by a direct
negative.
Austin Chamberlain the former chan-
cellor of the exchequer will take Mr.
Balfour' place and be the principal
speaker for the opposition while the
Irish nationalists havn decided neither t
vote nor speak on the preniitr's reaolu
tlon
The proceedings In the house of com
mons tomorrow therefore are likely to
oe brief.
Steamer Nueces Is Aground.
(Associated Press Report.)
TAMPA. Fla.. December J. This morn-
ing the local wireless station was In com-
munication with the steamer Nueces of
the Mallory line ashore off French reef
on the Florida roast. The ship reports
being hung abreast the engine rooms with
the lanipasas and government tugs
.landing by ready to assist her when high
get her off.
danger.
Tha passengers are In nq
PRICE. 5 CENTS.
rrnf nrj-inj-u- vumr Afinruirnrfirrrr" "
WOMAN N0TARYT00K
PIERCE AFFIDAVIT
Attorneys for Defense Contend That Because ot
That Fact Prosecution Must Fail.
o
FRISCO WAS SOLD
YOAKUM WINCHELL AND ASSO-
CIATES NEW OWNERS.
Alleged That Fear of Federal Inter-
vention Caused Deal Alliance
With Hawley Rumored.
i (Associated Press Report.)
NEW YORK December 1 Six thou-
sand five hundred mile of inllroad form-
ing the St. Louis and San Francisco Rail-
way company generally known as he
Frisco changed hands In New Yorft to-
day by Its severance from the Rock Is-
land company with which It was merged
in 1903.
The purchasers sre B. F. Yoakum for-
mer president of the Frisco-Rock Island
road and B. I.. Wlnchell former presi-
dent of the Rock Island who' now be
comes president of the Frisco. It Is un-
derstood ki addition that Messrs. Wln-
chell and Yoakum have as their asso-
ciates In the deal some of the leading
capitalists of the Middle West including
Adolphus Bu.ch and F. J. Wade of St.
Louis as well as the Union Trust com-
pany of that city.
All accounts agree that this situation
was brought about by fears of Federal
Intervention. The Rock Isl ind and Frisco
Ikies parallel and lap each other at va-
rious points and there Is reason to be-
lieve that the Interstate commerce com-
mission had taken cognizance of that
fact.
NEW rRI8CO ALLIANCE RUMORED.
Another Interesting phase of the trans-
action Is that In spite of denials the cur-
rant belief Is that the Frisco will form
some alliance with Edwin Hawley the
newcomer In the railroad world who re-
cently acquired with B. F. Yoakum con-
trol of the Missouri Kansas and Texas
railway. At the same time the relations
of the new divorced Friaco and Rock
Island are to be friendly and for the
benefit of both.
According to both official and unofficial
statements the Interests now In the con-
trol of the St. Louts and San Francisco
will operate that road as an Independent
property although the actual transfer can
not be effected until the $17164000 of 8
per cent collateral bonds of the Rock
Island which controls $29000000 of the
St. Louis and San Francisco common
stock have been retired. The redemp-
tion price is Ift-'H and large quantities of
the bonds have recently been traded in
on the stock exchange at a steady range
from fa to 101ft the latter or top price
being reached today. A formal offer of
redemption probably will be made at once.
HAVE COMMON INTERESTS.
The St. Louis and San Francisco was
organized In 1896 as the successor of the
Rock Island company that company hav-
ing been sold in foreclosure. When taken
over by the Rock Island company con-
trol of the property rested with B. F.
Yoakum and his friends and Mr. Yoa-
kum was made chairman of the Rock
Island board. Credence Is given the ru-
mors of a Yoaium-Hawley alliance In
more ways than one.
Besides the Katy recently purchased
they have other Interests In common. Mr.
Hawley. comparatively a new figure of
prominence in the railroad world. Is cred-
ited with the control of the Chesapeake
and Ohio Chicago and Alton Minneapolis
and St. Louis Iowa Central and the To-
ledo. St. Louis and Western while he Is
Interested In the Hocklnr Valley Toledo
and Ohio Central the Western Pacific
the Atlantic Coast Line and the Louis-
ville and Nashville.
The St. Louis and San Francisco had
not been a very profitable subsidiary of
the Rock Island system for the Rock
Island being responsible for the Frisco
bonds was practically paying what the
Frisco did not earn. Both roads there-
fore look for improvement under the new
arrangement.
OFFICEP.S WERE ELECTED.
At a meeting of .the board of directors
of the Chicago Hock Island and Pacific
company held this afternoon the follow-
ing were elected as the executive com-
mittee of the company: D. O. Reld. W.
H. Moore J. H. Moore. F. L Hine. R.
A. Jackson H. U. Mudge and E. 6.
Mocie.
The following officers were elected:
P. O. Reld chairman of the executive
committee; R A Jackson vice chairman
of the executive committee and H. L".
Mudge president.
At a meeting of the board of dlsectors
of the St. Louis and San Francisco com-
pany held this afternoon the following
were elected as the executive committee
of the company: B. K. Yoakum Evln
Hawley. B. L. Wlnchell James Campbell
Frank Trumbull E. V. R. Thayer and
Thomas H. West.
The following officers were elected:
B. F. Yoakum chairman of the execu-
tive committee and B. L. Wlnchell.
president.
Both meetings adjourned until tomor-
row for the election of additional offi-
cers and the transaction of other routine
Dusinees.
BOOK COMPANY IN TROUBLE.
Court Sustained Arkansas in Alleged
Trust Violation Case.
(Associated Press Report.)
IJTTLE ROCK. Ark. December L A
special to the Gazette from Newport.
Ark. says: Tha president and secretary
of the American Book company to-
gether with other officers and employes
of that company must appear before the
commissioner to be agreed upon In tha
suit brought her against tha company
as tne result or i
by Circuit Court
as the result of a decision rendered today
Court Judge Charles P. Coffin
at Walnut Ridge. Tha suit la brought
by the Stats to recover R 000000 penalties
and to oust tha company from tha State
because of aliased violations of tha anti-
trust law of Arkansas.
Today tha Btate moved -to require tha
book company to produce Its officers and
such employes as are desired to serve as
witnesses and to give tha attorneys for
the State access to tha books and records
of the company. Tha motion was grant-
ed by the court.
It ' Is expected that the testimony pro-
vided for by today's order of tha court
will be taken in Maw York City Uxut
December 11 or X
There I vNd' Speculation -in
Newspaper Advertising if
Use The Post
DAY WAS CONSUMED
nit
In Presenting Arguments od fv
the One Point
A PLEA OF NOT GUILTY
Entered After Indictment Had Been
Read.
. ;.J'A.vi.;v
A SPECIAL PLEA WAS READ' i
Before Jury in Whioh Defendant.';
Invoked the Protection of ttej-l V
Constitution of the United Vv r
States and Texas.
(Houston Post Special.) ' ' :: '
AUSTIN Texas December t Tha' de-':
fense In the H. Clay. Pierce case snada '
its first Important move this afternoon
by objecting to the introduction of the ;
affidavit for the making of which Pierce
w as indicted the ground of the objection
being that Miss N. M. Nagie. before
whom said affidavit was acknowledged Is
not owing; to her sex competent to act'-
as notary public. When this point was;. ' i
reached the jury was excused and an
exhaustive argument of the!. question
raised was begun by J. H. Robertson.'
leading counsel for the defense. Judge
Robertson had not concluded rwhaa tha
hour for adjournment waa reached and ft
probably - will take all of tomorrow tor"
reach a conclusion In the matter as -there
are others on both sides who prob-' '
ably 4 will want to be heard. t '
The trial was opened this morning with '
the reading of the indictment a perform- '
ance which District Attorney Hamilton'
consumed one hour and ten minutes In ; J
disposing of. When he had finished
Judge Robertson for the defendant
pleaded not guilty and asked leave to.
submit a special plea.
A recess was ordered by Judge Calhoun'
who Is presiding at tha trial to give
tha State's attorneys an opportunity to
read this special plea a copy of which '.
was furnished them by the defense. -
Upon the resumption of courtTCrTrt''"
Jenkins for the State announced' that ' :
Inasmuch as the special plea was not
verified the State did not feel called
upon to take notice of It at that time i
and the court ordered that the case pro- '
ceed. Judge Robertson then read thai
special plea to the jury. It recites as
follows:
PIERCE'S SPECIAL PLEA. . ' V
"The State of Texas No. 1679L' vs. '
Henry Clay Pierce. In the district court 1
of Travis county Texas. 1
'Comes now the defendant H.1 C."'
Pierce and Invoking the protection of
the constitution and laws of tha United
States and the constitution and lawa of
the State of Texas and says that he
ought not to be and can not be tried In '
this cause and with reference to tha '
matters set up in the Indictment herein
for the following reasons: That hereto- -fore
to-wit on or about the 1304
in the cause of State Ex. Inf. Hadley vsC.
Standard Oil Company of New Jersey at'
al pending In the supreme court of .tha
State of Missouri process waa issued
at the Instance of the plaintiff and under
said process and as a result thereof and
Involuntarily and against his will was
forced to testify and to furnish evidence)
as to the relations between the Waters
Pierce Oil company and the Standard OH '
company and as to -other matters men-
tioned and set forth In tha Indictment Ire '
this cause; that under the lawa of the
State of Missouri defendant aa an of-
ficer of the Waters Pierce Oil company
waa compelled to testify and furnish evi-
dence said laws providing that a parson'
so testifying would be exempt from ftros-
ecutlon for any matter about which ha
might testify.
That thereafter on to-wit the 26th
day of September 19U6 there waa Insti-
tuted in the district court of Travla coun- - '
ty a suit wherein the State of Texas '
was plaintiff and the Waters Pierce Oil
company was defendant; that said suit
was a suit for penalties for tha alleged
violation of the anti-trust law of the
State of Texaa: that said suit was insti-
tuted upon and as a result of tha facta
testified to by said Pleroe aa aforesaid;
that thereafter In said cause tha attorney ' .
general of the State of Texas filed lu
saia coun a statement in writing set- '
ting forth the names and residences of
the persons whose testimony ha desired '
to take. Including said H. C Pleroe and
designating books and papers including
books and papers of said Waters Pierce ' t -Oil
company and other evidence which he '''
desired to secure In behalf of tha State; '
and aald attorney general on said 9th
day of April 1907 filed a paper In which 1 V
he requested that under the terms of
chapter IX of tha general acts of 1907
of the legislature ot the State of Texas.
a commissioner be appointed to take tha
testimony in said cause; that thereupon
by an order entered on tha 9th of April -1907
Frederick H. Sanborn of the city of
New York was appointed such commis-
sioner; that thereafter on to-wit tha
16th day of April. 1207 said commissioner ' '
In accordance with the terms of said act ! ' '
Issued a subpoena to tha eald Henry Clav . .
Pierce to appear before hire and testify . '
In said cause; and the said attorney gen-
oral also caused to be Issued from the so .
pre me court of the State of New Yore a -notice
to the said Henry Clay Pierce to
appear and testify In said cause before
the said Frederick H. Sanborn commls- '
loner; that In accordance with the said
subpoenas and notices that the said Henrv
Clay Pierce appeared befjx'e the said '
Frederick H. Sanborn on the third day of
May. 1907 and before him testified m the
aid causa aa aforesaid; that having ao.
appeared and being compelled to testify V
and relying upon the provisions of tha
aforesaid act of 1907 to the effect that
any witness for the State "who shall tes- '
tlfy or produce any books papers or "
documents in any proceeding or exam-
ination under the provisions of this act
shall not be subject to Indictment or pros-
ecution for any transaction matter or
thing concerning which he truthfully tes-
tifies or produces evidence documentary
or otherwise.' and involuntarily and
against his will truthfully testified in
aid oause and produced evidence and
documents therein and so testifying- made
the testimony given as aforesaid In the
case of the State Ex. Inf. Hadlev vs.
Standard Oil Company of New Jereev
his testimony In said cause pending Im
the State of Texas and agreed: bein
compelled to give testimony and rely In
upon the saldrlause of the act of !e
quoted above that said testimony rnln
be used In said cause pending in Te
In the same way and to tha taina tx
vV-Urf'
'-' .
Y.'''f
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The Houston Post. (Houston, Tex.), Vol. 25, Ed. 1 Thursday, December 2, 1909, newspaper, December 2, 1909; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth605470/m1/1/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .