davidaulloa/AmericanStories huggingface dataset:
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

answer Is not predicated upon the false misrep-
resentation that the business was worth q
bonus of four OF five thousand dollars and that
defendant ought to pay that sum for the priv
llege OF purchasing the interest for which he
was negotiating nor upon the fact of plaintiff 8
insolvency ard their fraudulent concealment
OF it from the defendant. As the report rests
chiefly upon those two propositions il is err
roneous and must be set aside. Although not
necessary it is not improper in this connection
to advert to the proposition incorporated by
the referee in his conclusions of law that 1.-The
silence of the plaintiffs in regard to the fnan-
cial condition of said firm Of Cochrane L Co.'S
grove was in the law tantamount to an af1irma-
ton of their solvency.' Silence may be taken
as presumptive evidence of fact under cir
cumstances imposing the duty of denying it in
case it does not exist, but we know of no such
absolute rule as makes mere admission to dis
close insolvency equivalent as a matter Of law
to direct affirmation of solvency. As the
statement of legal proposition it is clearly In
correct, and if we regard it simply as conclu-
sion of fact we are unable to discover anything
either in the findings or evidence that author
lied the defendant to draw from plaintiffs
silence any inference that they were solvent and
intended him so to understand.
No inquiries concerning their solvency
were made and nothing was said or
done by them to avoid injury OF
that was justly calculated to mislead or divert
attentlon from tnat 1act. herl on 1fauu
1859.
The question as to the power Of a referee,
in respect to reviewing and correcting findings
upon the evidence, need not be considered as
the findings themselves in this case, are wholly
| insufficient to sustain the judgment entered
therereon. and We do not understand appellant
to object to the power of the court in this re-
gard. The point is made that the order of the
district court is erroneous, inasmuch as it al
! lows portion of the judgment to stand. There
is nothing in this point. 1t was ouly
| necessary to vacate the judgment SO far as it
related to the issue that was tried by the ref
cree, and as to which alone new trial was
granted. The rest of the Judgment follows the
stipulation of the parties. and is wholly unaf
fected by the court vacatiug the report.
The order appealed from is affirmed
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

take Of this turkey sandwich. am accus-
toned to use only freshly churned butter,
without any salt in its composition, and I OBJ
substance known as ,oleomargarire. am not
offended, but your hospitality cannot accept"
And the tramp hied him to the sunny side OF
the hay stack, and was ,eft-soons slumbering as
sweetly as babe upon its mothers breast.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13
THE SUNDAY GLOBE.

TEE GLOBE will be furnished every day in the
week to city subscribers at IS cents per month $40
per year.
By mail the SUNDAY GLOBE will BIO one dollar per
year tn addition to the rate given above for mail
r.1hccrihnrS.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

HINT to Democratic cooks in Congress
who are preparing the Florida dish-serye
while hot.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13
StrnueL o.. Stolen.

StrHyeL or Stolen.
From my premises In North Minneapolis, z. D., a
white with red feet and Any one return
ing the same to me will be suitably rewarded.
1l2-tf .LEEORA dEAhSANY.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

SOMETIMES there is too much hospitality in
hospitals.-Cincinn0ti Enquirer.
The St. Peter institution. @. z. D.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

removing cartridges from a revolver, when
one of them exploded, the ball piercing the
breast of Mr. Totsen's little girl, and killing
her instantly.
. 1t IS not money we want just at this mo-
ment. We want the local news.-F,Teeborn
County Standard. Oh, that every country
editor had the wisdom TO understand that
the way to get money is to first get the local
news. Let the Standard continue to live up
to this principle, and it need never fear about
the money.
The statement of the Bank of Pennington
shows that the ''loans and discounts were
$6l, 1905; and there was due to depositors, on
demand, S29,451. This is good showing
for o little bank that has been in operation
but eighteen months, and started with q
capital of but $4,000. Its resources are
now total of ST. 1866.
A note from Saltwater states that DR..
Arlington, the Utah divorce convict, now
being too old and feeble to do any hard
work, is given none but light out door labor.
He acknowledges the justice of his SEN
tence, according to the law, but says there
was no Intentional violation, and is very
sanguine that his friends will be able to Sc
cure pardon for him.
In Morris, Stevens county, last week, a
row over land claim took place between
one Gaughan and I. Brennan of Hastings.
Gaughan struck Brennan on the head with
q rake handle, making two or three bad
gashes. Brennan drew revolver, but by
ISLANDERS prevented him from using it. The
Morris Tribune apprehends good deal of
trouble arising from land claim jumping.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

ST. PAUL, MONDAY, MAY 10, 1878.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13
MINNEAPOLIS NEWS

Specially Reported for tho Daily Globe
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

Renor0l Of business Office.
The Minneapolis business Office of the GLoBE
has been removed to Gale Il Co. insurance and
real estate Office, corner Of Nicollet and Wash
ington avenues.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13
RACING All OWATONNA.

Inauguration of Turf Sports for the Sea-
son of 1S78-Trofti.ag lMati1,ee Saturday
-T,ro Interesting Epcnts-- Good Fields
of Horses and Fast Tinee--A Nesr Cir
] cut tn Prospect.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

! tAC Outy VI yAd4HtAAS w udSC u16ClO5cu 10 UG-
PENDANT their insolvency, and that their omis-
sion SO to do was fraud in law upon defend
| ant; that their silence to the financial condi-
ton of their hrm was tantamOunt in law ia
| an affirmation of their solvency and their state
ments that the business was worth bonus,
&C., created confidence in Halsey which
duty Of making full disclosure of the
| real facts in regard to their financial
| standing, and their omission to do SO OPP
Grated as a fraud upon the defendant. Upon
these grounds the referee adjudged
the contract to be void from the beginning.
It will be observed that in none Of these find
that the defendant believed in the plaintiffs
solvency or that he acted upon such belief in
forming the copartnership. The finding that
the representations made created a confidence
as to their financial standing and. condition
does not specifically indicate whether defend
ant believed such standing to be good or bad,
only that he trusted in it whatever it was.
That he was ignorant Of their insolvency does
not necessarily imply belief in their solyency
or that he acted upon such belief. Neither
does the fact that he. credited the statement
that 1.-THE business was worth a bonus in any
sum, imply such belief for the truth Of the
statement was not inconsistent with the fact of
their insolvency. Unless this belief existed
and was acted upon it is evident that the fact
of sOlvency or insolvency is unimpOrtant an
q ground of voiding the contract.
Moreover the representation that ''the
business was worth q bonus of four
or five thousand dollars and that the defendant
ought to pay that much for the privilege Of
purchasing an interest of cne-third therein is
but an expression of opinion respecting the
value of the business made in the way Of COM
mendation and upon which the defendant in
the exercise of ordinary prudence had no right
whatever to place any reliance, for no facts are
disclosed showing the existence of any conf
Of any arti6ce to lull the suspicious Of the de-
PENDANT to throw him off his guard. Kerr on
Fraud, So. A further and fatal objection to
the report and the legal conclusions therein
stated is found in the fact that it is wholly ir-
responsive to the issues made by the pleadings.
Defendants cause of action, as stated in the
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13
MINNESOTA NEWS.
Builders in Glencoe are busily employed.
Wild pigeons abound in the neighborhood

Builders in Glencoe are busily employed.
Wild pigeons abound in the neighborhood
of Worthington.
Boys last week broke 80 panes of glass in
the Union school in Mankato. ~
Bishop Ireland has been looking over
Adrian, Mobiles county, for a church site.
on the prairie at Glasgow, Wabashaw county.
g Hon. S. ". Eaton, Of Rochester, has gone
with his wife for a two months trip to the
East
Pine Island is to have a new Catholic
church, built of wood with stone founda-
ton.
The largest Touring mill now in the State,
is in course of erection in this city.-M0n-
kato Union.
The State fish commissioners have planted
300 young salmon in Hazel lake, near Ben
son, Swift county.
The lightning rod swindlers are working
Steele county. One man lost $500 and a
good horse by their trickery.
The veterans of the old First Minnesota
are to hold their annual reunion at Manka-
to Oh the 10Th and goth of June.
Zumbrota folks are in ecstacies over the
Northern, and the Midland railways.
Several young men in Rosemount, Dakota
county, have been fined $40 each, with costs,
for participating in a charivari party.
The old settlers of Blue Earth will hold
their annual reunion at Mankato on June 4.
Judge Flandrau will deliver the address.
Two gentlemen from Lake City, names not
given, are about to build foundry and ma
chine shops at Pine Island, Goodhue county.
There can be no doubt that an organized
gang of horse thieves are making lively
raid about here just now.-FO11ningto1
Press.
A fortune teller named Aufn was arrested
in Casson on Wednesday last, and fined $50
and costs for obtaining money under false
pretences.
Justice Thompson is waging war against
the unlicensed liquor dealers of Rosemount.
One has been sent to Jail and another es-
capped through default Of witness.
Judge Cox has appointed Bishop Gorden,
Till Tibbetts and NJ. K. Butterfeld as COM
missioners to assess right-of-way damages
for railroad purposes in Redwood county.
The veterans of the old First Minnesota
are to hold their annual reunion in Mankato
on the 10Th and Goth of June. Arrange
ments are making for reduction of rail
road fares.
John Rhodes, the horse thief who is
wanted at Benson 5000 worth, is described
tas about 80 years old, square built, weighs
about IT'S pounds, has dark hair and small
dark moustache.
The Faribault county Sunday school con
vention will meet at Blue Earth City on May
22d. Each organized Sabbath school in the
county is entitled to five delegates, exclusive
of pastors and superintendent.
The Foro,,o Falls 1orl ,,.,o y (,o
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-13

Supreme Court, Octo5e,. 1erm-The State of
Minnesota, Respondent, Us. A1adreac anderson,
AUDeIlnnf
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
Tn. Weld of Precious Metals.

Wells, Fargo & Co.'S statement of the
production of the precious metals in the
States and Territories west of the Missouri
river, including British Columbia and the west
coast of Mexico, during 1877, shows an aggre-
gate yield of sos, 500, 900, being an excess Of
81, 100000 over 1876, the greatest previous an;
IIua1 yIUTu. CalHOrnla gives Sl5,25O,OOO OF gold
and 81 100000 silver; Nevada $4,000 gold and
1000 silver bullion. This so called silver
bullion, however, is about IS per cent gold.
California also gives a million and three quar-
tiers base bullion, and Nevada six and three
quarter million of the same, which contains
about % per cent gold; Arizona gives for the
year two million, three hundred and ninety
thousand, of which, one hundred and twenty
three thousand is gold, half a million silver
bullion, and the balance ores and base bullion.
Exports of silver from San Francisco to India,
China and the Straits are given approximately
at nineteen million.
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
Sane or Non COnnpOs.


Several days ago, Thomas Lord, one of
the wealthiest retired merchants of New York,
aged 81, married the celebrated Mrs. Wilhel-
nina Hicks, aged 49, Now Thomas Lord, Jr,
Henry Lord and Francis II. Lord, sons Of
Thomas Lord, join in petition to Judge Van
Brunt sitting in supreme court, stating that
their father is and for some time past has been
deprived of reason and understanding through
old age, infrmity and decay of his natural
powers, and is unfit for the government of
himself or the management of his estate
wherefore they pray for a petition in lunacy
The petition relates instances of their fathers
lack of memory and unfitness for business.
The old gentleman owns between 100000 and
S1,0O0,O00 in real estate and personal property
worth 100000, and has been in receipt of
$4,000 income, while his personal expenses
did not exceed $500. Judge Van Brunt ap-
pointed commissioners, and granted an in
junction against the disposition of his Prop
erty by Mr.. Lord or his agents.
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
Egyptian Legend.


Sultan Hassan, wishing to see the
world, and lay aside for a time the
anxieties and cares Of royalty, committed
the charge of his kingdom to his favorite
minister, and taking with him large
amount of treasure in money and jewels,
visited several foreign countries in
the character Of d wealthy merchant.
Pleased with the tour, and becoming in
tefested in the occupation he had as
sumed as disguise, he was absent mnch
longer than he ORIGINALLY interded, and
in the course of a few years greatly in
reased bis already large stock of wealth.
His protracted absence, however, proved
a temptation too strong for the virtue OF
the viceroy, who, gradually forming for
himself party among the leading men
of the country, at length communicated
to the common people the intelligence
that Sultan Hassan was no, more, and
quietly seated himself on the vacant
throne. Sultan Hassan returning shortly
afterwards from his pilgrimage, and for
tunateIy for himself, still in disguise
learned, as he approached his capital. the
news of his own death and the usurpation
of his minister; finding, ON further in
quiry, the party Of the usurper to. be too
strong to render an immediate disclosure
prudent, he preserved his incognito, and
soon became known in Cairo as the
wealthiest of her merchants: nor dad it
excite any surprise when he announced
his pious intention of dsvoting a portion
of his gains to the erection of spacious
mosque. The work proceeded rapidly
under the spur of the great merchants
gold, and, on its completion, he solicited
the honor of the Sultan's presence at the
ceremony Of naming it. Anticipating
the qualification of hearing his own name
bestowed upon it, the usurper accepted
the invitation, and at the appointed hour
the building was filed by HIM and his
most attached adherents. The ceremony
had duly proceeded to the time when
it became necessary to give the name.
The chief moolah turning to the supposed
inquired what Should be its
name.
.CaIl it. he replied, s'the mosque of
Sultan Hassan" All stared at the men
ten of this name, and the questioner as
though he could not believe he heard
arirl5t. or to afford az opportunity OF
correcting what might he mistake. re-
peated his demand. sCall it, again
cried lie, @the mosque Of me, Sultan
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
western PORK Trade.

The Cincinnati Price Current o. the
end contains its usual first of January report
of pork packing in the West for the first half
Of the winter season, with estimate for the
remainder OF the season. The deficiency in
packing to date at interior points is 100000
head, compared with year ago and including
the six large cities, reaches 61500l. Hogs
are generally reported to be plenty and the
estimates for interior points indicate total
about equal to the last year. Up to March LIST
with favorable weather, the six cities are now
205,00O behind the same date last year. The
total at all points to date approximating 3,
10000 against 1886 600 last year Estimates
for the entire season Indicate a total of D.
100000 against 100000 packed last winter.
Weights are heavier than last year generally.
Farmers are packing more than for several
wears
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
Birds and Human Nature.

What is that legend of Mrs. Piatt's poem
about the bird in the brain? Birds are perhaps
the most human of creatures, and should not
be surprised If told we all carry more or less
of them i'm our hearts and brains. have seen
the hawk looking out of the human face many
a time, and think have seen the eagle;
credit those who say they have seen the owl.
Are not the buzZards and unclean birds terri
bly, suggestive? The song birds were surely
all brooded and Matched in the human heart.
They are typical of its highest aspirations, and
nearly the whole gamut of human passion and
emotion is expressed more or less fully IN their
varied songs. Among our own birds, there is
the song Of the hermit-thrush for deyoutness
and religious serenity, that of the wood-thrush
for the musing, melodious thoughts Of twilight
the song-sparrows for simple faith and trust,
thebobolinkss for hilarity aud glee, the mourn
ing doves for hopeless sorrow, the vireo's for
ar-day and everyday cententment, and the
nocturn Of the mocking bird for love. Then
there are the plaintive singers, the soaring,
ecstatic singers, the gushing and yoluble sing
ers and the half-voieed inartculate singers.
The note of the pewee is a human sigh, the
piping Of the chickadee unspeakable tender
ness and fidelity. There is pride in the song
of the tanager and vanity in that OF the cat
bird There is something distinctly human
about the robin; his is the note of boyhood. /
have thoughts that follow the migrating fowls
northward and southwark, and that 90 with
the sea-birds into the desert of the ocean, lone
" and tireless as they. ] sympathize with the
watchful crow perched yonder on that tree or
walking about he fields. / hurry outdoors
when hear the CLARION Of the wild gander;
his eomrade in my heart sends back the call
John burroughs; 1; lScTfb5ler for January
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
Driving Rats Away without Poison.

We know of three methods: First, the
old French plan this is followed chiefly
in Paris by men who make it a special
business. They take deep tub, with
water on the bottom and a little elevation
in the middle like an island, on which is
only place for just one rat to sit on. The
trap is covered and has large balance
valve, opening downward. On the mid
die of this valve a piece of fried pork or
cheese is placed, and when the rat walks
on to it to get the cheese the valve goes
down, drops the rat into the water, and
moves back in position.
A road is made from the rat-hole to the
top of the tub by means of pieces of
board rubbed with cheese, so as to make
the walk attractive for the rats In the
course of q night, some ten, twenty, or
even more rats may go down, and if the
island was not there, they would be found
most all alive in the morning quietly
swimming around; but the provision OF
the little island saves the trouble of killing
them, because their egotistic instinct for
preservation causes them to fight for the
exclusive possession of the island, on
which, in the morning, the strongest rat is
found in solitary possession, all the others
being killed and drowned around him.
Second, the New York plan. invented by
enc of the Friends.
The floor near the rat-hole is covered
with thin layer of most caustic potsssa.
When the rats walk on this it makes their
feet sore; these they lick with their tongues
which makes their mouths sore. and the
result is that they shun this locality, not
alone, but appear to tell all the rats in
the neighborhood about it, and eventually
the house is entirely abandoned by them,
notwithstanding the houses around are
full of rats. Third, the Dutch method.
This is said to be used successfully in
Holland. We have, however, never tried
it. A number of rats are left to themselves
in a very large trap or cage, with no food
whatever. Their craving hunger viii
cause them to fight. and the weakest viii
be eaten by the strongest.
After short time the fight IS renewed,
and the next weakest in the victim, and
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
Blown to Atoms.

While a Chicago and Northwestern
box car was being loaded with nitro glycerine
near Negaunee, Michigan, at ten O'Clock this
morning, the mass exploded, instantly killing
seven men and demolisling the car. The To-
comotiyo was lifted into the air and thrown
fiftv feet, and landed in a confused heap of
wood and iron. OF the killed, S. A. Wheeler
and son, Walter and Ira Hinckley, were en-
ploycd at the n!tro-glycerine works, HinckleY
being superintendent. The bodies of these
three were blown to atoms, no piece larger
than two pounds being discoyerable. The
other four were railroad employees, and were
ia the cab OF the locomotive when the explo-
sion occurred. Their blackcned and mangled
remains were found there with the flesh strip
ped from their faces andlimbs, and their bones
broken. Their names are VIM. Meyers, VIM.
s. Pellman, Chas Rueller and Jerry Foley. Is
peming three miles away plainly felt the shock,
and the damage in Negaunee was probably
$4,000 and some people there are reported Sc
riously injured by the conclusion.
River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1878-01-10
RUSSIA'S WAR WITH TURKEY.

A junction between Gems. Melikoff s,
and Serguassoff's corps south of Erzeroum is
believed to be imminent The Russians are
advancing toward Baiburt where the Turks
are concentrated in force and a battle is cx-
pected shortly. Gen. Louis Melikof has gone
to Tiflis and Gen. Heymann has succeeded
him. 1t is thought the attack on Erzeroum
will be delayed until Gen. Melikoff's return,
which cannot be before the end of January.
Gen Gourko fought severe battle on
the 31st of December at Tashesan. Before Sc
curing the Turkish intrenchments the Rus
SLAMS lost ZOO men killed and wounded. The
Turks retreated at nightfall toward sofia, pur-
sued by cavalry. After n halt for rest and re-
organization, General Gourko resumed the
advance upon Sofia.
The Joural De st. Petersburg saws
Russia could not in the interests of peace itself
make it clearly understood thet peace must be
discussed between the belligcrents. The
Journal points out that any injury by Russia
to the Suez Camel is quite out of the question
and if peace negotiations were opened now
Russian occupation of Constantinople would
be equally out of the question. If there are
any other points upon which British interests
might be affected they must be of minor i'm
portance. A frank and loyal explanation be-
tween the Russian and English governments
would lead to an understanding on the subject
without interrupting negotiations.
The Russians have taken Sofia. Details
are wanting. Troops are constantly passing
through Galatz This is understood to mean
serious operations against the quadrilateral.
The Political Correspondence Of Vienna Of the
9Th, says the ice in the Danube at Galatz will
probably be strong enough in two days to
permit the crossing of troops. The Russians
intend to occupy Sulina.
Official kilograms show that Sofia was
entered on the Sd inst, after a skirmish in
which the Russians lost only twenty-four men
A telegram from Gen. Gourko announces that
a desperate engagement occurred on January
I'd, near Bagroa. The Turks attempted to sur
round five battalions of Russian infantry and a
brigade of cavalry but We're defeated, leaving
900 dead on the field, The Russian loss was
two hundred