EL PASO HERALD Week-En- d Edition, April 22-2- 3, 1916.

DEFENCE ISKS FOB i VERDICT r. "

IF IMimL
Submits Motion Claiming the State Has Failed to Show
IN SMITH
II tQwsSriS.si

;.

tf$BV
-
tfo. Dainty Souvenirs will be distributed and a

.
delight-J-

Musicale given. Nothing will be offered for

Arini nbenine hours.
ul

h Money of Bank was ;mDezziea; money to ureal! 01

OUIL
Wtli5 J Z3 ill

Jacoby Not Bank's hut Jacoby's, Says Statement;

SgjsS op .

Mrs.. Smith Gave Jewels and Household Goods.

JIY GUTIiniB SMITH.
N. M., April 22. for his overdraft, was unsecured, wit-
ness said.
Hrfore beginning Its case this I.lcim on IIoue.
morning, the defence, In the C. O. Bennett, county clerk of Dona
trial nf T. It a- - omnn i "- - of the Ana county, was put on the stand to
.... -,
with rmhezzlement ;
In- -
intmriiire th ri'mrri nf deeds, mort
hanki funds, filed a motion for an ae- - gagea and liens. He C.testifiedTurner that the
true trd Terdlct in favor of the residence of Blake and R. cL
ffri.unt- - .1 H. Smith, situated on lots 27, 28. 29
ti... nntlnn In Tiart i RS tofollows: nnj an hlnrk 1 Pslsrwin aiMltion to
"Tli it the state has failed PJV the town of Las Cruces, was encum-thi'- e
were any moneys of the Firsi bered with the following Hens: Las
St ite hank under the care, custody arid cruces Hardware company, Deo. 3,
Cor,ir..l at any time, material Jo the tne
1914 (464.74: It P. Porter, for the
CbkI t
indn-tmen- and particularly porter Lumber company, Jan. I, 1516.
Sim, ..f J4150, or any part thereof. $96.is; r. p. Porter and AV. R, Brad-wi-
Cordial Invitation
n.

there the subject for the Bradford Lumber

no Stat- -- forli
Ii was then and com-o- f
. and there iscare, pany, Jan. 2, 1S15, 2402.19; Ervin A.
nt .,1 this state making the cus- shell, for the 151 Paso Tile company.
t and control of property custody an ele- - Jan. 2 jjis, $124.90: u W. Hoffecker,
mmt of embezzlement, and E! paso Jan. 4, 1915, (229.10; J. A.
and K.ntrol of property are not made winral, Jan. IS, 1915, 94.50; W. W.
el incuts of embezzlement Show. Edmondson, Jan. 23, 1915. (42.79; A. P.
Says State railed to Dinett, Jan. 2.1, (40.50; IL & Gilbert.
to show Jan ,1 19iB $50.00; R. W. Fishbaugh,
Th:it I lie state has failed any -
thit ihf defendant at time ma- jan. 26, 1915, (11.25; Las Cruces Hard-tf-
to the indictment embezzled prop- - ware company, Jan. IS, 1916, (464.74;
(41 'i or any part thereof, of the M. Hayner, trustee for the es-e- ru

f said bank, but at most has- . tote of w. G. Essen, Feb. 2, 1915, (1500;
.

anything what-

Monday, April Twenty-fourt- h

ihi.mi, if has It shown - Albert Selgal, Feb. 8, 1915, (275; II. S.
Pfer in this regard, that the defend- - Gilbert, Feb. 13. 1915. (5140.45; Rath-a- nt

inverted from the account of Ja- enberg & company, March 10, 1916,
ct,t.. treanurer of good the school building j;i .30.
fUTnl whether In faith or baa jt was shown that the Las Cruces

Opening Hours 2:30 till 9:30 P.

or Hardware
fditli. and whether in the honest hart
f.iKiied belief that nald Jacobv
anthorixed the diversion of (4150,there-
filed
company lien for (48J.74,
twice, was filed the second time
the for correction. It was shown also that
-
Me
BimiFi of Jacoby. treasurer, and tj,e Hen of the Bradford Lumber com-b- y
not the monev of said bank. pany, (2402.19, was covered and in- -
"ISnt the Hank's Money." a note which Bradford per- - that has ever been assembled under on
"That the money to the credit of Ja-
ch-- . us such treasurer, was Jacoby s made to Mrs. Blake O. Smith, and
- eluded inheld,
aonallv on a loan that he had T the opening we will display the largest assortment of dependable, Furniture
, jmmast ancl
most authentic styles in Fenod
rone, and in no sense the banks. whirh was secured by a mortgage on
business root tn tLi raso. l ne range is icuuy miuutcuui.
.
1 hat the moneys of the bank were not the Smith residence. 7 J
and Colonial down to a simple
9mf-Furnitu-
re
Duller the tare of defendant by virtue Contractor Testifies,
such as 'William and Mary," "Jacobean;' "Queen Anne," "Adams"
.

or hi employment, but as a matter of Gilbert, the contractor who

Ji'A'h.SE'..?! to ' built the Smith .residence. Introduced
SasnSf as the the contract between himself and Mrs. lary Couch await your interest.
- -
i;:.,cmen7aveV.Thf pretend n moneys Blake C. Smlt for the construction
of ow New
the of the house Under the terms of the include an invitation to tHe
are glad that Our Easter Greetings enable us to
or the bank were under control of was contract was to receive 5 a
ill fendant having eurh control, it
In the province, permission and prlvl- - day for every day except Sunday that
Gilbert
WE do not feel it necessary for us to dwell on the factors that have
made this splendid new sto e VM-- J
e of the defendant
t. ' same within the avermentto prove the work
That the Rtate has failed
the nature of the alleged
to take and use the work was In progress, and when

banking cor- ,-
mratlon as a Dank or discount, sav- - make au payments for labor and ma-
was completed, was to re- -
reive 5 nercent on the amonut exnended
for labor and materials. He was to
.. r i jr-i- n

is hardly a family in ha raso anu uic uuuu, u. . -- -- - the factors.

.
We
,..
will. , only- say
,-.
that
,
the
.. . busi-
-

we have always pursued will sun oDiain. j. nei.air.cu 6 -w- -0-,

ntra bank, trust company or bank of .prla-l- hv cheek, and the First State ness methods
loan and discount. bank was to take care of his checks, . , r, i ... . j t -- :!:: ,., o ,.,;il WP tn rvp vou even more satisfactorily. -
That the state has mailed to prove nandllnR tnem )n an account which was
alleged to have been increased floor space ana moaeni muic .vm
--
iat-uu- i" j
that the money designated "Hugh Gilbert, spe- -

TyTXIi!Z
en.l.ezzlea was coin or notes, or how

It he"v,eadm-Un- t f ,,0,eS t0
Itenelinn Cites nthorltie. citing
yd
His checks, drafts, debit slips
statement were admitted in evl- -
beta I ""Toou Steps to Proctect Self.
His overdraft of (4.632.1C at the
'
N Carpets and Draperies in our Second Floor Sec
tion visitors will marvel at the success we have had
TUOTWITHSTANDING the attractive dis- -
A
plays on the Main, Mezzanine, Second and
bank, he said, represented payments
spoke on the motion,
Third Floors, the New Rogers' Basement will prob-
llen.-ha- n

in assembling such a complete stock. There is

.
which had been made for labor and ab-
Holt said the state did not care to materlaig used in the building or the
.

iinnr-- r the argument, deeming the law

m plain as to require no argument.
gmith
ainBt
reBdence. He said he filed a lien
the Smith residence for an solutely nothing lacking. This department alone is ably prove the center of interest, for here begins a
Motion In Oierrulcd. amount which included the overdraft
The court oierrulcd the motion for- for the reason that he was afraid he
Instructed verdict, the defence ei-
pt Tie to the ruling might be held responsible to the bank sufficient to hold your interest during the entire open new era in the Rogers business. It is simply too big
Th- - state thi 11asked permission to for the amount of the overdraft,
purpose Of neeueu iiruieciron. no ,r v :7. and
"iu 110 uiiiuuit to tell. This is just the reason we hold the opening.
lien tin- casi for the Ole
ing hours. Don't fail to visit the second floor.
I

tiii'liKing the
I.- -
or the nanK. ine me lien ufii.11 1110 ni
I.iws nte intended to prove the the time limit expired. Smith told
ji
u"io
him.
vou somethins important.
'I in
r the president. said, that he had assigned every- - , , ,. . . fol,a iV,;c nnnnrhinitv to- tell
iiwif. .nut duiiot he .t 't :
addition to tne invuaiion 10 visn uur opening wc .oai. ..- - wrr-.:-.- .v
. . . -
rtir Rdieln'n
the had been intro- - thmg to the bank and that the witness . ; . --

flN fully realize the responsibility of the leadership we have acquired. To maintain this requires perver-ano- l
,
i 11I mo.ed again to In- - would have to protect himself.
j

in t for the defendant. The state Smith Assumed Responsibility.

r. Bradford testified tlwt on success coupled with an understanding
, ' ut anFwer the motion and the
courage and ability this we have. Our past efforts, not to say
irt tilled atrsilnst th- motion. Dec. S, 1914. the day that the bank
1:. 11. '1 in then mor,l that the state frtii,,,j ne maje a ioan of (1610 to Mrs.
1. tenured to sav upon which one of jtlilke c Smith, taking as security a
in home furnishings, our ability to choose and buy the
best in home furnishings and by
two counts .f the '"rt,ftrnept. tt niort(taKe on the Smith of El
...." - .. residence. The
.

t 1airt to- stand. .

vrLs our leadership.
placing "the departments people of ability we believe we will be able to maintain
ni.1.1 ..
--

nounced the defence would stand ahout

tipon tne ase as mane oy me lortv,
total HHKJUUk ui uio umi iafiii
(4000, which included the amountt3
atid ko to tlie iury without introduction of the Bradford Lumber company Hen
that

itur
any testimony. of (2402.19. Witness testified
Afgnraent Begins, after the bank closed on the 8th of
rgument fVtll be commenced this Dec. he heard Smith say that the IL
afternoon and will be without time S. Gilbert, special account, with Its
I1t1.lt. Only Hamilton and Dale will overdraft, and the Las .Cruces Tinning
H" ak today. and Plumbing company, with Its over-
Wife Surrenders Jewels. draft, were his own personal accounts.
That Mrs. Blake c Smith, wife of He said that he had opened these ac-
Hie defendant. Turner R. H. Smith. counts for the purpose or keeping track
1 neii her diamonds and household of the cost of building bis residence.
1 rnlttire over to the First State bank Smith Kntcrn Deposits.
nf T.as Cruces, after its failure on Dec. 1. B. Wooters. former assistant state
1S14. was testified yesterday by La- - bank examiner, was recalled. He iden-
etie riapp. receiver or tne neruncc and examined the note register
M ) HUVliOlV
,k The witness said that after the tified ., ,fl Sralth's note No. 22J3. dated
'"""? o'-'-
his rtoohne his house- - '"IV r-
""
- amount $5000. and No.
July 5 1916 amount (5000
,ld furniture and his wife's Jewels
he hank, to be applied
liii. the banks clainiH lor nts notes register showed
i'niIn overdrafts.
in satiRfj- -
f34
were
numbers,
dated
not entered
namely,
at all. He said the
notes of the same
223S and 2234, were
207-1- 1 N. Stanton
answer to question by counsel for entered on the register on Oct 4, 1913,
ii. fence, witness said he did not know nigned by L. N. Norwood and by E. M.
that the Jewels were worth (2000: that Tankersley and F. N. Hall, respective-
lie was not an expert on the value of ly, for (T.000 each. Witness said the
1i wels and that the never were deposit slips on which entries were
in his possession. He said the value made in the individual ledger, were in
cf the household furniture was Mrs.
piejtt
ftrlth's
What actually became of
Jewels never was brought
not Smith s handwriting.
out count
in the evidence. Counsel for the Rtate terest. He said that before Smith's
said, the balance of
Smith's
received a credit of (4958.35, he
(41. So being In-
ac-
f.Out of - - town people are cordially invited
sked the witness whether Mrs. Smith account received the credit from the
secured he return of the Jewels.
to visit our new store when they come to
or had petitioned the court to have Norwood note, it was overdrawn in
them returned, on the ground that they of the amount of (6489.38. This credit F.1 Pnsn
wre her own private properly. The
court sustained the ohjection, to these to (1531.03.
(4958.35 reduced Smith's overdraft
the witness said.
Objects to Bookkeepers.
J"
Onestlons. and the witness was not J. W. McCartjr, accountant was
allowed to answer. When
As to Smith Family Xotrs. recalled to the stand, following in the
Tn further explanation of the value wake of L. B. Wooters, another ac-
of the notes and overdrafts or tne countant Renehan arose and said to
members of Smith's family in the bank the court that he thought the time had
at the time of the failure, witness said- ' come when a stop should be put to Building On Or Before May 1st.
he had been unable to find any prop- tm "un..Tifitnr .nsrsde nf the book- - Ve Will Move To Our New
erty belonging to C. H. Hardin Smith. Keepers" He said that no sooner was for I14JS finally was Isaued in pay- Pro-Russi- Agitators Six Million Jews Are
upon which he could levy. He said. one excused than another took his
nowever, that one of the notes for (500 place, and that their testimony served
ment
On redirect examination. In answer
an

Deprived Of Papers 317 Texas Street.

had been paid In full and that pay- purpose other than to encumber to question of counsel, witness said Stir Up Revolt Against Will carry a full line of: Base Ball, Tennis. Coif, Fishing Taclt, aid
ments of Interest and a small amount no the record that unless they were the fact remained that the checks were By Russian Censorship
on the principal had been paid on three
other notes for (500 each. He said brought the stopped case never would be not charged to the account until Dec. Ferdinand's Government Other Athletic Coods.
a close. The court over- 8. although one of them was paid by
Ins investigation revealed that L. B.- ruled his toobjection, and McCarty be- the Bowman Bank & Trust company. Petrograd, Russia, April 22. After a
Smith and W. A. Thompson
'ition proof. The sum of (3000 had gan
leen realized on the notes
are
of L.
exe-

B. He
his testimony.
said his examination of the rec-
In the same town, exactly two months
prior.
Bucharest Rumania. April 22. In
neutral correspondent who has been the
Sofia several months states that
A --

spirited fight the Duma has passed the

Smith and W. A. Thompson, he de- ord showed that L. B. Smith's over-8,
clared. The note that L. B. 8mlth gave drafts were as. follows:
1914. (2346.08: Nov. 2, (2295.65: Nov.
10. 12299.20: Dec 8. 14539.28. He said
that on December 8, the account was
We Will Give charged with S212S. L. B. Smith's
check dated Sept 29, 1914, amount
(1425, paid by the Bowman Bank &
FLOWERS Nov. 2, 1914, amount
one dated
Trust company, Oct 8,3700,andpaid
Bowman Bank & TniBt company, S212
by the
Nov.
10, made up the amount of the
To the Ladies debit which waB charged against the
EASTER SUNDAY account on Dec 8.
Checks Carried as Cash.
Witness said that from the Bow- date
thw checks were paid by the
man Bank & Trust company, until they
were charged to the account of L. B.
Smith, they must have been carried
In the cash Items of the First State
bank. Defence showed that the cash
sheet and draft register snowea an
Item of $1428. and undertook to show
!
that' the check for 31425 probably was
1
read (1428, that the check was returned
105 II. San Antonio St. to Oklahoma, and that the bank's draft
Minulr IJook Introduced.
October Vf N. Haser, vice president of the
defunct bank, was recalled to the
TiiA mlnnt, hnnlr Mima of the
pases of which had already been ad
mltted In evidence, was produced. The
minutes showed that he was present
at the directors' meetings of Feb. 11,
191J, March 11. April 8. May C, June
19, June 30, July 8, July 19. Aufr. 12.
Sept. 9, Oct 14, Oct. 20, Nov. 11, Dec. 9,
Dec. 18, Dec . 31 .and Jan. 2, 1914. He
Jt I..1 l ncaoAnt af ATIV Of
these meetings. He denied that he was
present at the meeting of Aug. 12. 191.
when the minutes showed he intro-
duced a resolution, and denied that he
attended the meeting of Sept 9, 1913.
when the minutes showed that he sec-
onded a resolution that had been
offered
Dciilrn Uepiitcd Conversation.
He said that he heard T. It H. Smith
say that the H. S. Gilbert special ac-
count and the Las Cruces Tinning &
Plumbing company account with their
overdrafts, were his own personal ac-
counts. Asked by Itenehan If he had
not once said to Smith, with reference
to a meeting which was proposed:
"What the hell's the use of calling
the meetlns? You and I control the
board," replied: "No, sir, I never did
say that" Renehan smiled as he
asked: "You never did say that at any
opposition against king Ferdinand and to limit the powers of the censor, but
his government Is growing from day
to day. especially In the rural districts. in the form in wnlch It was adopted
agitators who are well actually Increases them. The debate
supplied with funds, travel from vil-
lage to village to foment the revolu-
tionary movement
Serious riots have occurred In many attacked the governr ent and the
arrested
places and the
hundreds of
police have
followers of the opposi-
tion parties. The socialists and the
Farmers' Alliance are demanding
peace, while the element
under the leadership of min-
ister Ghendioff wants a break with the
Gentral powers and Turkey and an al-
liance with the Quadruple entente.
night, for the whole case for the de-
fence is yet to be developed, and It
Is believed that the arguments to the
Jury will require a day. All four of
the attorneys In thn case will speak.
HAVE PURE BLOOD
Hood's Snrnnpnrllln Mnkrs Pure, IMch,
Iteil niood.
Your heart works night and day
without a pause It Is the principal
organ of the circulation of your blood
It Is of the utmost Importance that it
should do tts work well. The quality
censorship bill, which was Introduced
SHELTON-PAYN- E ARMS CO.
CANDY SPECIAL
French Repay Kindness
over the bill was extremely bitter and OS ASSORTED
the members of the opposition parties Of Germans To Prisoner
Munich, Germany, April 22. A Candy Easter Egg's
papers controlled by It savagely. Har-ko-
the leader of the "cadets," and
the socialist deputy adjemow accused
the government of bribing the editors
French soldier in the prison camp at
Wuerzburg recently was granted a SATURDAY ONLY
furlough of two weeks to enable him
and publishers of all large dallies and
offered proof for their charge.
The progressive deputy Bomacn
created a sensation by producing a
to visit his dying father in the depart-
ment of Bordoque. The prisoner hast-
ened home through. Switzerland and
15c the Lb.
secret circular sent out by the minister promptly returned at the expiration of
T4 S) 9
of the interior which Instructed the
police to suppress all Jewis publica-
tions, even if not printed In Yiddish.
his leave of absence. 8&e?&rrjistt jk c
"Six million Jews have been robbed To reciprocate this act of kindness
of their newspapers," the deputy said. of the German military authorities, the
"The only Jewish papers still tolerated commander of the French prison camp Send Your Ice Cream Order Early.
are a few Insignificant weeklies which at Augsburg has now permitted a
support the government because they soldier to visit hie sick mother
are paid for doing so. Not one of the at Augsburg for two weeks.
suppressed seven Jewish dallies, hun-
dreds of weekly and monthly papers Ice Cream Soda,
committed the slightest offense. They
did not antagonize the government, but
were loyal without a single' exception.
"The only reason for their suppres- Good - SHERBETS
Pacific Ocean
sion was the spirit which
anti-Semit- ic

dominates the authorities from cabinet

ministers down. This spirit is also re-
sponsible for the fact that the
have been ordered to destroy
post-offic- es For the Confectionery i
FROM theis recently
To Classified Advertisers
completed Audit of newspaper circulations In El
timer "I did not," answered the wit-
ness.
U B. Wooters, recalled, produced the
original letter written by Smith to
Howell Ernest, at that time state tray- -
and quantity of your blood have much
to do with its action. If this fluid Is
;jure and abundant, your heart and
other vital organs act with moro ener-
all letters and postal cards written In
Yiddish."

London Reverts To Use

Stomach
When the stomach u weak, the liver
400 N. Oregon St

it established that THE HERALD has 56 percent greater gy than when It Is defective in quality
CiJy and Suburban circulation than onji oifter paper in this field Thi j court sustained the defence's objection
' and declined to admit the letter in
or deficient in quantity.
Hood's Sarsaparilla makes the blood Of Horse; Petrol Scarce inactive and the bowels clogged, just HOME AUTO SERVICE
helps to explain why RESULTS from Want Advertisements in The evidence. pure and abundant. It Is the one old
O. TOM SMITH. Her.
State ItestN. reliable medicine, that has boen sold London, Eng.. April 22. The horse is
Herald always exceed many times the returns from similar advertisements
k any other local paper.
The state rested its case In chief,
when Wooters was excused. It was
for forty years, for purifying the blood.
There is no better blood remedy, ap-
petizer, stomach tonic. It embodies
coming Into Its own In London again,
thanks to the shortage of petrol and HOSTEITER'S
tlien 9:40 p. m and the defence asked the enlistment of chauffeurs. Brough-ham-
Stomach Bitters
s,

g. to be allowed to wait until this morn-
ing to begin Us case, a request which
the court granted. It Is not likely
that the case will go to the Jury to- -
the careful training, experience, and landaus, horses
high-steppi-
All new. five end seven passenger :ar
skill of Mr Hood a pharmarlst for and old family coachmen are getting J1.S6 and S2.03 prr nour No Fords.
fifty years, in its quality and power quite common sight In the Row In Hyde It is a splendid stomach remedy. Day or Nlcht. S22 SI cm
to cure. Advertisement Tark. V.