davidaulloa/AmericanStories huggingface dataset:
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Confederate Coin Controversy.

KALAMAZOO. Mich, Dec. 24.-An interview
was obtained to-day with two officers Of the
Michigan cavalry regiments which particpa
ted in the capture and preceding pursuit Of
the fugitive party of JEFF Davis. One If the
officers states that at The time of the capture
a private soldier of the Fourth Michigan cav
airy, who had seen Davis horse at Richmond
Identified the animal and took possession, find
ing the saddle-bags and holster filed with colo
coin. The soldier buried the gold, and yeal
or more afterwards returned to the sceue OF
the capture and recovered the money. Re
brought it forth and gave numerous pieces t.
members of his regiment for souvenirs, in
vesring the rest. The sum was originally
$4,000, being part of the money divided
among the confederate presidents retinue, al
Abbeyville, when crowded by the federal cav
airy.
The officer of the other regiment, states
that subst quent to the capture of Davis, {
large sum of specie, being $4,000, or more
from the confederate specie train, was dis
covered by the soldiers in house in the real
of the ferry, where the fugitive president an(
wagon train crossed the river into Georgia
THIS money was scattered among the soldiers
and lost.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Death of DR.. Leonard Bacon.

DR.. Leonard Bacon, distinguished Congre-
gationalist clergyman and author, died al
New Haven, Connecticut, Yesterday, of heart
disease. DIR. Bacon was born in 1902, at De.
troit, Michigan, and at the time of his death
was in his seveniy-ninth year. In 1925 he was
installed as pastor of the Centre Congrega-
tional church, at New Haven, and for many
years has been the recognized champion OF
Congregationalism. AS controversial
writer, Dr. Bacon achieved al enviable reputa
ton through his fugitive contributions to
Christiam Spectator: Nctc Highlander, and the
New York Independent. His best known
published works area"Seleet Practical Writ
ings of Richard Baxter" published in 1885 in
two volumes; Emanuel for Young Church
Members" 1888; s'Slavery Discussed" 1916;
"rhirteen Discourses on the 200th Auniver
sary of the First church in New Haven,
"Hietorical Discourses at the Old South
Meeting house, Worcester, 1868.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
ROME.

ROME, Dec. 24.-The Pope to-day gave the
customary Christmas eve reception to the car
dinals. of whom twenty. three were in attend
4nce, including the German Cardinal Hohen
lohe In reply to their address the pope said
his position was becoming more and more in
tolerable. When he claimed temporary
power he was accused of being rebel
ind an enemy to Italy. Catholics
who demanded efficient guarantees for
freedom for the head of their church were
similarly stigmatized, and pilgrims to Rome
nsulted by the press and pepulace- 1t was
therefore only natural that bishops coming
20 Rome should consider the existing situa
ton incompatible with the dignity of the
holy see. His holiness said he expected more
severe persecution in the time to come, but he
would endeavor to guide the bark of Peter
through the troubled sea, looking forward to
the moment when God would calm the tenn
pest.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
LIES BATTLE ENDED.
Unexpected Death of Mr. p. Van Auken,
an Old Citisen and Prominent Business
Man.

Unexpected Death of Mr. p. Van Auken
an Old Citizen and Prominent Business
Man.
Another old settler and active worker has
been removed from the business ranks of the
city and state by death. Philander Van Au-
ken, we'll known grain dealer in this city
since 1872, died at his residence, Westminster
street, at a little after 10 o'clock yesterday
morning. Mr.. Van Auken's sickness was
known to but few of his most intimate friends
and his death was entirely unexpected ito all
until few hours before the sad event oc.
Cured.
Mr.. VanAuken has not for years enjoyed 70.
bust health, being troubled with dyspepsia and
liver complaint, on account of which he has
for several years past spent the winters in
some warm climate, Mexico being his selec.
ton last winter. This winter the weather
being unusually mild, and his health being
apparently much better than usual, he deter.
mined to spend it at home. Two weeks ago
was followed, before reaching his
residence, by severe chill The
following nesday, however, he fel,
sufficiently well to visit his place of business
corner of Third and jackson streets, but was
taken with another chill, from which he never
rallied, though able to sit up and converse or
business matters so late as Tuesday last.
Wednesday last, the family having become
really alarmed, summoned DR.. Finch, of Has
tings, his old family physician, who, as soon
as he had carefully diagnosed the case, pro
| nounced him very sick man, and thai
| as be had little constitution tc
| build, he feared for the result. This fear soo1
proved to be well founded, death occurring
the Friday night following, as above stated
Mr.. Van Auken was conscious up to almos
| the last hour of life, as late as 9 O'Clock
| on the night of his death recognizing his con
| fdential clerk land speaking to him clearly ant
lntelligently of certain business matters.
Mr.. Van Auken was in the 55th year of hi
age. He was born in the Mohawk valley
| New York, and came to Minnesota in 1856, 10
eating at Hastings, where in company will
G. II LANCE, ESQ.,, under the firm name o
Van Auken & LANCE. He engaged in thu
| steamboat and commission business, repre-
sentng the Diamond 10 interest. In 1872 tn
| firm removed to St. Paul, and engaged in
grain commission busin. SIS. In 1879 Mr.. Lang
withdrew from the firm, and the firm of P
Van Auken s. Co. was formed, Mr.. T. A
Hawkins taking Mr.. Lange's place.
Mr.. Van Auken was vice president of tn
board of trade, which suspended business TO
the day, upon hearing of his death, and ale,
| adopted the following preamble and resolution
offered by Mr.. F. r. Sterrett, expressive o
their respect and reg ct:
WHEREAS, 1t has pleased the Suprem
Architect of the Universe to remove from GU
midst our highly esteemed associate and vic
president, P, Van Auken, in whom the 81
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Pos.ofice Department Finances

The cost of mail transportation for the year
ended June 80, 1881, was $14,32 1890. The cost
of the star service for 1881, was s6,957 1856, a
decrease of 4 81 100 per cent in cost compared
with the amount expended during 1880. APP
preparations for the year ending June 81,
1883, S7,90O,00O, being s942,647, or Ii 55-10O
per cent in excess of the cost Of this service
for 1881. 1t is-thought that the estimate for
the star service can be safely placed at 1885,
600, decrease of $65U, 900 from the approprl-
alton for 1882, and $780,, 645 more than the
rate of expenditure to June 30, 1881. In this
estimate provision is made for new service
that may be petitioned for and established after
due investigation looking to the requirement
of the sections interested and the postal facili.
ties now furnished Had no orders been made
reducing the star service there would have
been needed, at the rate of past increases
about 100000, for 1882,
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
GENERAL FOREIGN.

BERLIN, Dec. M.-At meeting of the
cabinet Yesterday, Bismarck presiding, the
principle of the bill for the revision of the
May laws, was agreed to. The bill, while re-
moving the more stringent provisions, leaves
many safeguards for authority of state.
ST. PETERSBURG, De- 24.-An official mes.
senger says that on the 19thiHst thieves en-
tered the Office of the imperial receiver at Sc
bastapool, by digging canal, and stole Al, !
900 roubles. Three arrests were made, and
u, 900 roubles recovered.
TUNIs, Dec. 24.-OwiDg to the influence Of
Ali Ben K .lefa, the Arab rebel chief, ten of
The largest tribes of southern Tunis held out
against the French The insurgents have
pillaged the large town of Ka-rmondeiway
The march of Gen Sogerats Chener from Sfax
ia postpOned
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26

horses to walk but did not stop them, mol
leave his wagon and 90 forward where he
could see an approaching train; that he
looked and listened for q train but could moi
see or hear any signal Of it's approach.
Held. That the evidence does not show, as
matter Of law, contributing negligence on The
part of the plaintiff.
Order Affirmed.
Mr.. Justice Clark, having been OF colin-
sci in the case, did not take part in the de-
cision.
Annie e. Baldwin, administrators OF the estate
ofM. A. Baldwin. respondent, vs.. Michael
J. O'Laughlin and Charles F. Rogers.
Charles F. Rogers appellant.
Syllabus-O'L. owned 800 acres Of land, in
numbered by sundry mortgages, installmeots
of each of which were overdue and unpaid.
He conveyed the same to r.. being at The
time of the conveyance lnsolvent, as r. llad
notice. The deed of conveyance was absolute
but the real agreement between OIL and n.
was that the latter should assume and pay on
all the mortgages and the taxes, dispose OF
the land and ray over to OIL. any surplus re-
naming a ter the iDcumbraoces were satis-
fed OILS object and intent In making inc
conveyance was to shi-ld any surplus over
and above the membranes from his credit
ors and save it for himself, and of this had
notice Upon receiving the conveyance Il
went into immediate possession OF the prem
ises and so continues and he has AID
off the taxes and some OF the mo T.
cages in fu ], delivering up to OIL. tn.
notes secured thereby, as also note secured
by another mortg ,ge. OF the $40 acres OF lana
one eighty was OILS homestead 81 the Time
of the conveyance, upon which he and his lam
;1v rasidod opd auph H. WAS eYemUt from
execution.
Held, with reference to Piper We. johnson.
IL Num-, 60, and following Morrison vs.. b.
bott, 6 No Rep 455, Ferguson VS. Kumlrr,
Ib 618, and Freeman vs. Freeman. y, n W.
Rep, l72, that the conveyance of the home
stead eighty is valid against OILS creditors
Also, that said eighty is as much protected
from judgments aud duress against OIL, In
the hands of r. after the copve, ance to him as
ance.
Held, further, that to make debtors tr rams
fer of property fraudulent as respects his cred
itors, there must be an intent to defraud
express or implied, and an act which, ii allow
to stand. will actually defraud them by him
dering, d. laying or preventing the collection
of their claims. The fact that the debtor mis-
takenly supposes or hopes that in conveying
his incumbered property he has secretly COW
cred up and saved something for himself from
which he designs and endravors to exclude his
creditors does not necessarily make his con-
veyance fraudulent. II, Notwithstanding his
hopes, supposltions and intent, it is beyond
question that the membranes exceed the
value of the property, 20 that there is in fat
nothing left for him to cover up and save, and
nothing from which to exclude his creditors,
they are not injured or defrauded, and there
fore cannot have the conveyanc set aside
Judgment reversed, and new trial directed.
BERRY, j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Remained at His P.st.

PHILADELPHIA, Dec. % The passenger
train from New York ran into the rear end of
a freight train near Holmesburg, early this
evening. The engine and several freight cars
were considerably damaged and the tracks
blocked for several hours 1t was caused by
the freight pulling out when it should have
waited for the passage of the passenger train.
No one was injured. When the engineer saw
the freight train pulling out he reversed the
engine and put on the brakes with such force
as to throw the passengers out of their seats.
purse was made up for the engineer who
remained ct his post.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
QUARRELING COUNSEL.
LAWYERS IN TIE GUITEAU TRIAL
ENGAGED IN WORDY VAR.

The Prisoner Chimes in at Every Oppor.
tunity-Judge Porter Gets The Worst OIL
It-Judge Cox Threatens to Punish the
Assassin for Oon,smpt-ImportantL Letter
Introduced by the Defense-The Court
Adjourned Till Tussday-Guiteau Wish' s
the Court, the jury and the American
People a Happy Christmas-Mrs. Sco-
VILE Interviewed in Regard to Threats
Against Her Husbands L'fe-she Makes
a Written Statement for Publication.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
From Sundays Edition.

ITAs fellosoias nsstter ca this page appeared
4. S.adsys easzsou. PIE reasoa fer this rsp''S-
kextion i 5sasSss ear regular ssaa rats y ssid-
ssspsioa dses net ias1,ids tks SuslGy Issue, esd
comparatively Jsv b tie esus'ssy sas to psy ssrs
for tbs Sunday sdatisa sssseh lies "a ths st. Paul
nest ebes snd gees sst IN Tie Sans mad tsita tbs
Monday psry. fhs more nnpertaat assss, to
ne erteest Of too or tkrss celu,sns. Is th~rGsTs
vspublssasd on Monday for the .ssasat Of country
euhscrs1crs ,nto do not sec tia SUNDAY GLeBL
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Desperate Attempt at Escape.

YANKToN, D. T., Dec. M.--H. NJ. Knowl-
ton, tried for the murder of D. Rauck, at
Pierre, in 1877, was found guilty of man.
slaughter tonight. After the verdict was an
bounced, Knowlton, who is powerful man,
made break from the officers, but was sub
dued. Two deputies were knocked down by
him. He was finally ironed and taken to Jail.
But for extra precautions ny Deputy Marshal
Gray he would have got away. Pistols were
Aourished and the courtroom furniture bro
ken in the muss.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
End of the Molly .1agu,re Trial.

UN1oNTowN, Pa, Dec. A.-The case OF
Mcfarland, on trial for the murder OF Maui
rice Healy, was given to the jury at 1880 to-
day. After hearing the argument for the
prosecution public opinion was divided as to
what the verdict would be The drift OF sen
timent was that it would be murder in the
list degree or for acquittal, and as Dolan and
Mcfarland had been shown to be together on
the eve of the murder, it was difficult to see
how one could be convicted and the other &C..
Quilted; but after being out one and one-half
hours the jury did return verdict OF ac4uit-
tai at $50 p. m. The two verdicts present
rather an anomoly.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
SUPREME COURT DECISIONS
S.spren.e Uourt-OetoSsr Term.

Supreme COuTt-Oct0eer Iefnes
Miles sherin, by his guardian, I'D Item,
Frederick Rogers, respondent, vs.. Martha
Larsen and Carl Larsen, appellants.
Eyllabus-In an action of ejectment. proof
Of the possession Of the ancestor under color
of title at the time of his death is insufficient
to establish the right to the title and posses
sion by the heir as against parties in posses
sion without any claim Of right.
In an action for an undivided interest, the
burden is on the defendant to allege and prove
that he is tenant in common with the plain
tiff, before he can put the plaintiff to proof Of
denial OF his right, or acts amounting to an
custer. A tenant in common is as against
every person but his co-tenants entitled to the
possession of the entire tract held in common
and may maintain eiectment therefor against
stranger to the common title.
Order affirmed. CLARK, j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Frolic on Change In St. Louis.

ST.. LOUIS, Dec. 24.-No business was
transacted on Change to-day, the chamber
being taken possession of by party Of frol-
icsome members, who prevented the call
from proceeding. and who subsequently
drove everybody but themselves out of the
room, by throwing bags of -four, kicking
foot balls, discharging fire crackers and
cutting up all manner Of shines which they
called fun
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Saloons Sacked.

CINCINNATI, Dec. IA party Of masked
men, supposed to be the best citizens OF the
place, broke into all the drinking saloons in
Cedarville, Green county, Ohio. at 8 O'Clock
this morning. and wholly destroyed all the
liquor on hand. Some of the buildings were
almost torn down. There is much excite
ment, the loss reaching into thousands OF dol
lars, but no definite estimate can be made.
Cedarville is village Of unusually good repu-
tation for morality.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
FOREIGN AFFAIRS.

An Ex-Soldier of the United States Ar
raigned Ia Dublin In Connection with
the Arms Seizure-Suspect Moore Re-
leased from Prison - Christmas Eve Re-
ception by the Pope to the Cardinals
His Holiness States that His Position is
Becoming More aud More IntOlerable-
Miscellaneous.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
4. E. johnson, respondent, vs.. W. B. Rumsey,

dpCellant.
syllabus-The complaint in this action con-
sidered and construed as alleging in substance
that one Tyrer was the original debtor OF
novation of parties whereby by accessions and
agree Of all parties intended the debt Of
Tyrer was extinguished and defendant for q
valuable consideration assumed the debt as his
own.
The evidence considered and held that 1t
does not show any novation Of parties, or that
the debt of Tyrer was ever extinguished, or
that there was any consideration for the al
l-ged promise of defendant to plaintiff TO pay
the debt.
Hence. that any such promise, II made, was
void as being MISREPRESENTATION
Order denying new trial reversed.
MITCHELL, ].
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26

Women

Who want glossy, luxuriant
and wavy tresses Of abundant,
beautiful Hair must use
LYONS KATHAIRON. This
elegant, cheap article always
makes the Hair grow freely
and fast, keeps it from falling
out, arrests and cures gray.
ness, removes dandruff and
itching, makes the lair
strong, giving it q curling
tendency and keeping II IN
any desired position. Beau.
tifnl, healthy Hair il the sure
result Of using KathairOn.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26

G. 81. Adams, of the Springfield Republican
has accepted an engagement as managing ed
itor of the Baltimore Times.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26

Jabob W. Bass, respondent, vs.. Thomas Vet
nue., appellant.
Syllabus-A written contract is to be con-
strued with reference to the whole OF its
terms, so as, if may be, to give force and effect
20 each of it's stipulations.
Judgment affirmed. CLARK, }.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26

James Weaver, respondent, VI. The hissis-
sippi and Rum River Boom Company, ap.
pellant.
Syllabus-The defendant, by the construc-
ton and maintenance of it's boom across the
Mississippi river, invaded the land OF plaintiff
"a riparian owner-bY superinduced additions
of water, earth, logs, and other material, SO
as to effectually destroy or impair its useful
ness. =.
Held, That this was not mere consequential
injury, but amounted to taking Of the pro-
perty within the meaning Of &c. 13, art. l, OF
the constitution of the State. That de-
PENDANT had no right to thus use Or take
plaintiffs property without his consent, with
out first paying compensation therefor. That,
not having paid plaintiff compensation, the
fact that defendant had constructed and main
tanned the boom with proper care and Skill
and in the manner pre- scribed by the charter,
would be no defense to an action by the land
owner for the injury to his property.
The evidence tended to show that the tres
pass of defendant deprived plaintiff OF the use
of his property for certain period OF time;
Hence, the value of such use became material
in determining the amount of damage which
plaintiff had sustained.
Held, That il was competent to show what
defendant had agreed to pay plaintiff for the
use of the same property for term immedi-
tely preceding the trespass, the same being
in the nature of an admission as to value, al
though subject to explanation.
Order denying new trial affirmed.
MITOHuLL, j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
MISS LAURA W. HALL,
TEACHER OF PIANO ST. PAUL.
Residence, Ne. 20 Western AvsnuA.
Confirmation Of Assessment for
Sewer on Fort Street.
OFFICE OF THE BOARD OF PUBLIC WORKS, !
CRY OF ST. PAUL. MIMI, Dec. "a, 1881.


CRY OF ST. PAUL, Mnn., Dec. "a, 1881.
The assessment Of benefits, costs and expen-
SEES, arising from the construction OF sewer
on Fort street from McBoal street to Goo ir9eh
street, In the city of st. Paul, Minn., having
been completed and entered of record by the
Board OF Public Works in and for said city,
said Board will meet at their Office in said city
at Q o. M, on the 9th day of January, A.
D. 1882, to hear objections (if any to said as
sessment, at which time and place, unless
sufficient cause is shown to the contrary, said
assessment will be confirmed by said Board.
The following is list OF the supposed
owners names, description of the property
and the amounts of benefits assessed
against the same, tO-wit:
Leech's Addition to st. Paul.
Supposed owner and
description. Lot. Block. Dement'S
Elizabeth Livingston, that
part se'ly of Fort street,
OF. ...........0 $llo cU
Same, that part se'ly of
Fort street, Of. .......... 9 8S 90
William Dawson, that part
nw'ly of Fort street, of 81 45
Same, that part NV ly of
Fort street, of. .........7 1lS 81
Samuel Mcconnell, except
Fort street. ............. oil 81
Chs g Schmidt, except
Fort street. ...:......... 8 g. 1lS ~
John Rachatz, Commencing on My
line of Fort street 1877 10 100 IT
Willy of the W line of Douglass st,
thence parallel with Douglass
street 100 #, thence 40 IT, thence 8
parallel with Douglass st 123 # to
Fort street, thence sly 30 TT to
place of beginning, being part OF
lot 4, Leech's Out Lots. ........... $50 Is
Louis Hoffman,. Commencing at
nw'lv corner of Fort and Douglass
streets, thence 81 # on line of
Douglass street, thence 80 fl and
* inches at right angles with
Douglass street, thence 8 parallel
with Douglass street 1861 # to
Fort street, thence on SAID Fort
street 1877 1912 # to beginning, lex
cept part owned by John RachaD
Lois. ..................... 1875 40
Geo Penshorn. Commencing on My
line of Fort street 1877 10 IL IT sw'ly
from nw'ly corner of Fort and
Douglass streets, thence 1861 #
parallel with Douglass street thence
4yX It. thence 234x fl to Fort
street, thence 6S 11-12 # to begin
ming, being part of lot 4, Leech's
Out Lots. ......'................. liz 80
Andrew HeiIisen. All that part of eK
of SIX of lot 4, Leech's Out Lots
to St. Paul, lying se'ly of Fort
street. ............-........ SII 90
Ewing & Chute's Subdivision Of eX of swX,
and VIZ of sex Of lot 4, Leech's Out
Lots.
Supposed owner and
description. Lot. Benefits.
Catherine schmits. ............ Is $67 q8
H E Mann. ................... 10 "a 81
JOHN HARRINGTON, President.
Official: r. L. GORMAN,
Clerk Board of Public Works. 35961
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-26
Maurice Brown, respondent, vs.. Edwar'
Brown, appellant.

Maurice Brown, respondent, vs.. Edward
Brown, appellant.
Syllabus-Where a loan Of sum
of m ,ney was made upon the terms
and conditions that the debt therefor
should become due and payable with interest
whenever the party making the loan should
thereafter demand the same, and not before
such time.
Held, That a demand Of payment was part
of this contract and condition precedent to
the liability to repay the money, and that the
statute of limitations begun to mature from
the date of the demand, and not FROM the date
f the contract.
On an appeal by the defendant, from judg-
nent rendered against HIM by default upon .
service by publication, 1t cannot be assigned
was filed, such appeal bringing to this cour,
only the judgment roll, which is not required
by law to- contain such security. he RENE
dy in such case is by motion to vacate
the judgment.
Judgment affirmed. CLARK. ..