davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
David Burton, appellant, vs.. the st. Paul,
Minneapolis o. Manitoba Railway company,

MluDeapOllS O. ManlIOOA 1aliNul cOHlpau1j
respondent.
Syllabus-In suit for the malicious prose-
eutOn or a civil action and proceedings
therein the Affirmative is on the plaintiff TO
show want Of probable cause. In such
ton probable cause may be defined as such
reasons supported by facts and circumstances
as will warrant cautious man in the belief
that his action aud the means taken in pros
ecutng it are legally just and proper.
What facts and whether particular facts
constitute probable cause is question ex-
clusively for the court. What facts exist in
particular case where there is a dispute in
reference to them is question exclusively
for the jury.
Where the facts are in controversy the sub
iect Of probable cause should be submitted TO
the jury either for specific findings OF the
facts. or with instructions Of the court as to
what facts will constitute probable cause.
While the question, what facts make out
probable cause is for the court, it is ordinar-
lily, If not always, question OF fact to be de-
termincd upon tde facts and circumstances
OF the particular case. For tie purpose OF
reviewing the action of trial courts, in deter
mining the question OF probable cause,
appellate courts have treated it as question
Of law because determined by the court, and
have, therefore, considered aud examined the
evidence bearing upon it as freely as II the
question was before them originally.
Fin iinrs OF the trial court upon the ques
ton OF probable cause in this case reversed.
Unless q civil prosecution be- malicious and
without probable cause, the remedy OF the
party Claiming In have been injured by it is
confined IT, his right TO costs aud To an action
upon any attachment or other inIctn nifty
bond given in the proceedings.
In an acton for malicious prosecution aud
attachment laintin cannot recover as In an
action in Il nature OF common law trover
for the con version OF the goods attached.
The or0er denying new trial Ia reversed
and new trial awarded. BERRY, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
Rail Notes.

The Northern Pacific has just issued new
meut OF the Wisconsin division, to take effect
Monday, the 9th inst.
James Reed, special travelling agent of the
Chicago, Burlington " Quincy road, aud j..
A. Quinlan, its travelling agent, are in St.
Paul.
II. E. Lling, special passenger agent OF
the Chicago 81 Alton road, is in the city.
&. G. Coke, travelling passenger agent OF
the Wabash, is here LOOKING out for the in
terests OF bis road.
The condition of Mr.. s. s. Merrill as tele-
graphed here yesterday forenoon, was indl-
Gated by the fact that his pulse was up to
100.
A. C. Bird. freight agent of the Milwaukee
& st. Paul road, who has bern in St. Paul
for several days, has gone home.
Adviees from Miles City are to the effect
that the fee went out OF the Tongue river
without causing the least Inconvenience.
Last year 1t flooded part of the town aud IL
was feared that It would DO the same this
year.
Mr.. FISHER. superintendent OF the st. Paul
q Duluth road, returned from the east yes
tcrday.
The I :25 train osf the Milwaukee & ST.
Paul was three and one-half hours late yes
terday.
From gentlemen who reached ST. Paul
from Montana yesterday it is learned that
the stock on all the ranches thrOught that
territory is in first class condition, and will
be brought sest 10 market in fac form.
James Muir, the tunnel contractor OF
the Canadian Pacific, who also dug most Of
the uDnels on the Northern Pacific, was in
the city yesterday, accompanied by James
Ross, the chief engineer OF the road. They
we're both enthusiastic over the success Of
the work on the road. The time OF its com
pIetiou set IN the contract Is Jan. |. 1856,
but the present prospect Is for com plct.ou by
the lst of October of the present year, only
about ESQ miles remaining to Luild.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
THE WEST SF PAUL LEvEE.
The Proposition Of the Minnesota North
ern Road to Build the Embankmeut

The Proposition Of the Minnesota & North
ern Road to Build the Embankmeut
There was large attendance upon the
West Side Ciuzeus' Union gathering at
Renholz's hall last evening, aud great ia
tervst was manifested In regard to the con-
templsted railway terminal facilities Of
the future in that ward, and great friepdlipcss
expressed For the management Of the Mime
sofa i Northwestern railway the arst TO enlsr
upon their development.
President {. r. Liraau open ed the excr-
eiscs by Introducing A. 3. Ssleknvy. prrsi-
dvut Of the Minnesota & Northwestern road,
aud Apscl oppenheim, to the assembly. Mr..
Stickney explained that they bad
come there - make PROPOSE
ton TO the citizens ~ the sixth
ward fer the building Of lev-e n project
their property against all future dsmags hy
the Aississl ppi river dAods. On the part az
thu company be represented he hsd a propsr
sition 70 make which he considered Just snd
falr to both the railroad aud the ward. and
that wss that the eitizcus Of The ward
should proceed 10 the immediate or.
gauizatiou u what saoud be
kn0Nn ss the West 81. Paul Union Raiiwsv
Transfer eempaRy, having busrd 81 seven
AAfFNltFes ANuf Nl MANIu tuu4ll " AAAEI
from the east side 81 she river and tkrr-
FROM the wrst, aud that after this orgsaiEs.
tiou should Dc perfected these diTee-
tors should be authorised 10 make
contract with the eity conpcii
giving them the perpetual use q q
lcvre TO extend from Western bluF Ia the
SgNta wsri 10 TIE pulpt known as Pigs Ere
bar In tie river bend.
ON THIS LEvBs
the Mlnpesots & Northeastern road woaM
construct an enhaakment which would shul
Out the satrrs y the river. at their oEa ex-
ppass, and foy the eu!idiaz % which tAey
were II have The uss uf he sane Tor their
tracks, Il beiag provided that othSr rzil~syS
making tia terminus shah have
q right - eater apon these tracks
sahieci 10 the sane ralcs aud cuRdltl0as ~
whisa ire Minnes5ss s NoTthwc rad Il
governed IN thvtr oscupsnSy.
in wsll ryeegved aad o0zvineiag remarks
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
noinrs I'm the nlstrict conrt

An action for divorce was begun In the
district court yesterday by Addie Sullivan
against her husband, John z. Sullivan, on
the grounds Of habtusl drunkenness. The
parties reside in Minneapolis.
In the district court Yesterday afternoon
Judge Wilkin took up the case Of r & P.
Hines against the Chicago. Milwaukee
& st. Paul Railroad cunpany for damages
Of 81 500, alleged TO have resulted from .
railroad accident at Rosemoui. The plain
lifts we're run down by train in crossing
The track, aud their horses we're killed, while
they sustained painful injuries.
An action was begun in the district court
Yesterday by l. and $. Stern erge against g.
l. Levi & Co. to recover S30.024 on prom
issory notes and for goods sold.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
installation was worthy of the occasion, and
of the distinguished character of its member
ship.
Impromptu speeches varying from grave
to mirthful gained the close attention of the
large assemblage up close to the midnight
hour
JUDGE BURR'S DOCKET.
The Happy Termination of Love Story
Troubles of Other People.

Coneeiye me Il you can,
sad-eyed sick young man.
deep in the mire,
want to expire. and
don't want 10 marry young man.
They met in the sweet summer time by the
ripping waters of White Bear lake, and,
snatchng scrub oak branch from the an
cestral forests attached to the Hotel Leip, he
wrote upon the shifting sands, ''Helen,
love you," End the foolish girl succum bed to
his soft Establishments.
The golden sunbeams of autumn were
painting the landscape crimson in those
days, and the old. old story was told by the
lover as she had never heard it before, aud
life was dream of bliss. But the winter
came, and the breath of the blizzard grew
not colder than the arior of
the lover; he forgot his vows,
while the girl was weeping alone.
One day the terrible truth dawned on her.
Lo, the soon to be girI-motber braccd up and
went to the police court for a warrant They
were in court yesterday; he sat in the bull
pen charged with seduction, and she looked
at him from the witness stand. His name
is August Strausburg, and hers Helen Paul
son, and she was willing to take 5000 and
let him go free. He couldn't raise the funds
and was sent 10 the blstle until to-day, when
they may be married.
There was another Helen In the court
yesterday and it wasn't good
day for the ladies either. This
one gave the name Of Helen Fogelblad
and the poor old creature hobbled into the
bull pen on clutches. The copper said she
had been drunk, and when asked by the
court if such was the case, she held up two
fingers aud said she had only taken snitt
of beer. She went out for thirty days.
Charles Miller. Charles street butcher,
was up for erecting mansard on the lperi-
Uranium of one Harvey Hill. The hearing
was continued until to-day, as were the
cases of John Kollur and r. Reed, charged
with disordery conduct
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
ACIeap sweep

There was a great connection the other
night at communist meeting, when an ex-
cited orator said, ''aiI existing social insfitu-
ions must be destroyed, wiped out, and
swept away" Had be remarked that rfeu-
mztisn, dyspepsia, aud debility INST Be
cleared cut and sEep. ssay, and that Browns
Iron Bitisrs would DO The cleaning and
sweeping. be wOuId have been ouely zp-
plsuded- Bro~p's Iron Biiiers made clean
sweep Of toe dyspepsia. nervousness, and
slseplesssess Of Mr.. George P. Miller, Of
Hamilton, Tex.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
The GraudAruv.

The entertainment last ui-ht >: TIE Grand
Army hall, 90 Jackson street, oy The Ladies'
Relief society OF The Garfield post, vas we'll
attended. AID proved 10 be very piessanL
Il consisted OF short address by Rev. 2. r.
RldGei. six tabiesux. four sOugs and an
OrigTusI poem entitled '-Setfysourx.'' 5v Z.
P4imer, aud wss coaSlad~i With Mrs Jar
lry's Wax Works" and a tsbiesu. Goodies
81 Lio~rTv." r Y. Mr.. Ri5deH made a gem
Of Al address &c euzze1csd 10 kuuo--
uGs way seuCt uuue1's rixhfs
nd then skeiSAed of TIA nos.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
Polo Game Tn-Nirht.

The members of our home club give an ey-
bibtion game tonight at the roller skating
rink The following will compo the two mines:
w. L. Prince, captain, aud G. A. Paulsen.
II. Capron, Willis Prince, w. F. Barstow,
Chas. Warreuer and c. II. Burt form one
side, G. w. Schutlinger, captain, and Chas.
Kilgore, August Abraham, Chas. Smith, H.
MeKusick, Chas. l. Fall and Geo. Gorham
the other side. They are all good skaters and
are pretty well up In the game.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

The st. Paul Rod aud Gun club held 4
meeting at the dental rooms of L. W. LyOu,
is president, last evening, which was well
attended. After the transaction Of some
nlutine business and the voting IN OF Eve
new members, the subject of uniting With
the Rod and Gun club of Minneapolis, the
y. Paul Ride club aud the Minnesota Ma
aonal Guards Ia the rental or purchase Of a
shooting park and the erection Of
suitable buildings thereon which .hoiIe
be handy Of access by rail- from both cities
wss thoroughly discussed. the unanimous
verdict being reached that such park should
ne located as near a. possible 70 either the
Milwaukee or Manito0a drposs In the village
of Hsmline. On motion. President I.vou
appointed MessEs- Cory. Plister and Wright
committee 10 confer with the PARK com nit
tees already appointed by the other asSucia-
ions mentioned, and With them decide
upon the locaiiOn Of the new shoot
iug PARK, Il being rccoried BY
unanimous vote that Hamline was
Ia the opinion Of this club the pace for It.
rhis club formerly used the S. Paul ride
eluo's park on Daytun's bluff, which is 10 De
abandoned on aceouat OF the siiy's having
gown up about Il. a. slsn hecsuSe the riac
club, walsh paid $500 for the tS}S aeFrs en-
ersccd in ii, and Il now to be worth $500 an
acre Tor eaildiug ParPnsss.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
PARTING TRIBUTE.

The BANQUET rendered Fl. P. Hall, the Retir-
ing Editor of the Globe"
Among the memorable and happy social
events that have enriched the archives OF st.
Paul, the generous bumper given in honor
OF Il. P Hall, the retiring editor in chief OF
the GLOBE, at the Smith-Heatherington cafe
last night, will always be treasured up by the
p.rticipants as one of the most fragrant
episodes of memory.
The com pimentary dinner, for such it was,
was the good will and heartfelt Offering of
number of prominent citizens and personal
friends, together with several Of the en-
ployes of the GLOBE counting room and re-
portoral force, and with the latter of whom
the tlau originated, who selected this elegant
and delicate way Of expressing their high
personal regard and unseigned admiration
and esteem for the retiring and able journalist.
The management OF the affair was character
lied by such deiicacy and spontaneity that
even the honored guest was not apprlset OF
what was going ON until evening, and Ian
guage is feeble to convey au adequate de-
scription of the affair much less to attempt
transcription of the beauty and opulence OF
LNe teuklllGuJS CuliSuCd huO OSNAoiOh'
Those present were Mr.. II. P. Hall, retiring
editor of the GLOBE; Mr.. Lewis Baker, the
new manager and editor in chief; Major T.
NJ. Newson, Mcssrs. L. E. Reed, G. Living
ston, Joseph Vance, Geo. NJ. Stone, H. r.
w. Hall, z. F. Barrett. Horace Dunno, F.
J. Mevst, ". H. Mcdonald and James L.
McAfre Invitations had also been extended
to Com. n. w Kittsou, Gen. II. H. Sibley,
Gen. r. w. Johnson, W. NJ. Tilestjn and
John W. Baker all Of whom, however, could
not be present.
THE DINNER
was served in courses and in the superb
manner peculiar to the gentlemen who con-
duct the cafe. The menu was dainty
and sumptuous, including as it did
all the delicaces and substlntials known to
the generous larder and cellars of the con-
Germ, and the dishes were discussed in the
royal and hearty manner prOverbial With
newspaper men and epicures.
But the flow of soul which followed the
repast was even more characteristic
than the meal or the manner in which 1t WAS
discussed, indicating as it did the sincere
and unfeigned sentiments of admiration
ana respect of those present for the man
whose untiriBg labors, mccall lie
industry and zeal, unswerving loyalty
to the truth aud fealty 10 the prin-
cipals he advocated, and, above all, his
intelligence, honesty and individuality as q
citizen and mau, have done as much to e!e-
vste and advance the field of progressive
journalism as any man in the state.
During the evening eloquent tributes Of
esteem and respect were paid to Mr.. Hall
hy Mr. Tpwis Bakrr Msfor Neyson (,ol Reed
Mr.. Livingston, Mr.. McAfee, and, in short,
by all present. In reply Mr.. Hall expressed,
in feeling manner. his heartfelt gratitude,
saying that he should treasure up the event
as the brightest occurrence of his life. After
parting bumpsr aud the singing OF Aud
Lang Syne the company dispersed.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
THE COURTS.
Supreme Court

Simmons Hardware COMPANY, respondents.
Aaron j. Mullen, as sheriff of Chippewa
county, Mimi, appellant.
Syllabus-A delivery by the seller to
carrier selected by him, for transportation to
the purchaser Of goods sold under an agree
ment void by the statute of frauds, is not
such delivery and acceptance as will take
the agreement out of the operation of the
statute. judgment affirmed.
GILFILLAN, e. j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
Real Estate.
rulLDrxs PERMITS.

The following permits TO build wers Issued
yesterday by Iuspe, tor johnson;
Gas avs NewEsrd. one and one-hah story
frame dwelling. i6xs4. west side OF Bradley
street. between Cook and LAWSON: $780,
lutwig Th0rsen. one story frame dwelling,
isxs4. west site OF Bradley street, between Co x
and lawson: $3.50.
}. G. Glass. two story frluae dwelling 2sx53
seaih side OF Holly avenue, hetwsea Kent and
Nsckahin: $3.50.
Alexander Dascsz. cue and oue-half sforv
frame dwelling AMI kitchen. I6xsS and isxts.
east side OF Fsrrin-ton avenue between Martin
nSd 81. Anthony. Sssl0
Christ AlerecAt. two story frame store zus
dwelling. iss35, rcrih see 81 East Seventh
street. between Meniot. sui Forest s.. rs.
Fred Wilmer. one story frame store sfrsn
north side OF Randolph strces. setueea yicto,ia
ard Cliftsa; sou.
Total s. valae, s-sT5
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
A Notable Artist.
Do DE Edl,or q be a.:

Allow me through your columns to call ire
attention Of all lovers Of srtto the spleudsd
pziuiings Of Col. James Fairmsn nov on
free exhibition al the Mannh~irner block in
this city. He isa very bold and original
arts; and bis treair1eui OF light aud shade
is remarkable. feel that am doing ! ser
vice 10 everyone in urzing upor them e
call and see this remarkable collection o,
new paintings BY . distinguished and very
original artist DANIEL r Morris.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

City Comptroller Roche advertisss IN an.
other column that Monday, March Is. xiII
Dc the last day for TIE redemption OF usFe-
deemed certificates OF SHE for the opening.
extension aud widening OF sireei or leyes
a'oug the Mississippi r.vrr.In The Sixth ward,
TIE snnupts Of such assessments szzfss
said property also being givsu. After March
- tie con psro.isr vii issue deeds 10 ihnse
presenting sash ''cS.sise4tes II sAis'' az bis
ofsee.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
District Court
TBeforc Judge wnkin. |

Application of Thos, X. Nafus for admis-
sion 10 the bar; granted.
Auerbach, Finch & Van SLICK vs.. Julius
Austrian; damages of 500. 80 awarded plain
tiiT.
Chas. Gruner vs.. n Rebholz; continued.
r. Hines vs. Milwaukee & St. Paul Rail
road com any; on trial.
p. Hines VS.. same; on trial.
by Judge Brill
Timothy Reardou vs.. W. A. Cummings, ct
al. submitted.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

Horace 3. Straight, Charles B. Tyler and
Squire D. How, cO-plrtners as Lyon
County bank, respondents, VS.. Nelson ?.
Frary, appellant
Standardization & Chase % MINI.
Oil, and Jordan VS.. Humphrey 81 Ill. 495,
followed on the question of usury. Judg-
ment affirmed. GILFiLLAN, C.. j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

distinguished women Of ancient
and modern times, referred to the great
work women performed in the hospitals dur
ing the war Of the rebellion and told them
that their rights In this would consist Ia do
ing good and performing deeds Of charity,
just as they were doing in keeping the Re
lief society, which is auxiliary to the Grand
Army, in good working form. He closed by
eulogizing the ladies who we're engaged In
the work aud extending his congratulations
tn them
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
CoMPTRoLLER's OFFICE, Cry HALL,
CITY OF ST. PAUL, Mimi, Jan. 80, 1885.
GREETINGS:

Deeds will be issued by the city of st. Paul, on
the ninth day Of March, A. d. 1885, and after In
accordance with the city charter, upon the
presentation TO the City Comptroller of the fol-
lowing unredeemed certificates of sale" issued
by the City Treasurer, for property situated
within the corporate limits OF the City of ST.
Paul, State Of Minnesota, sold by him on the
sixth day of March. A D. 1888, to satisfy judg-
ments against same, rendered by the District
court of the County OF ramsey, State OF Mime
sofa, for the following improvements, unless re-
deemed on or before the seventh day OF March,
A. d. 1885.
(This 18th day of March. 1885, will be the last
day for redemption), with penalty of twenty
four per cent. per annnm from the date of sale,
Mar IN 9, 1888, viz
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
Probate Court,

before Judge MeGrorty.i
Insanity OF Caroline Kern; examination
to-day at / =. IN.
Insanity of Caroline Johnson; exanina-
ton at IL IN. to-day.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
Municipal Court.
rpnfcre J,,f-. No. Z

John 0'Brien, drunkenness; five days.
Helen FIgelb!ad, same; thirty DAYS
August l. Sirausburg, seduction; con-
tinusd until to-day.
John Kollor and r. Reed, disorderly;
same.
John Peters, selling liquor without a L.
ccnse; sane.
Chas- Miller, assault; same
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

Robert 4. Saith 70 John Fischer. lots -. .
arr -. block -. RrnSa 4 Jseksoa-s sdlisloa /:
s. COZ.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

STATE OF MINNESOTA,
DEPARTMENT OF INSURANCE,
ST. PAUL, February, 1898.
], A. r. McGin, Insurance Commissioner Of the
state Of Minnesota, do hereby certify that tho
Insurance Company above named has complied
with the laws Of this state relating to insurance,
and is now fully empowered through its author
lied agents to transact its appropriate business
OF Steam Boiler and Inspection insurance in this
state for the year ending January 81, 1886.
A. r. McGILL,
39-40 Insurance Commissioner.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07

schurmeer's Seventh Street Addition to the
City Of st. Paul.
No. of GER Supposed Amt Of
iticate. owner. Lot Block. Sale.
4a42 Schumacher. Sl7.31
E. NJ Mackukin's Addition to the City of St.
Paul.
No. of GER Supposed Amt OF
tifcate. owner Lot. Block. Sale.
4249 EN- Mackubin.... S27. 81
Brunson's Addition to the City OF st. Paul
No of GER Supposed Am'sof
tifcale. owner. Lot. Block. sale.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-07
Paving Seventh street From Jackson
street to KittSon street.

St. Paul Proper.
No. OF Supposed Amt of
Certificate. Lot. Block. Sale.
4210 A L Mayall, the
North q Off,. 6 Si4.21
4211 Same, North u of. Z 2S3.15
Ewing ana Chute's Subdivision of Lot I, Block
s, Whitney and Smiths Addition to the
City of St. Paul.
4212 VIM F Davidson, Except
SW'ly fD.............. = S13S.20
Whitney and Smiths Addition to the City of
st. Paul.
No of Supposed Am'tof
Certificate owner. Lot. Block. sale.
1918 Mayall, the
North Is of......10 Si94.73
42l4 Same. .,..........l1 237O9
42I5 W Cutler, the
East Il of...... .12 $500
Kittson's Addition to the City of s.. Paul.
No. OF Supposed Amt of
Certificate. owner. Lot Block. Sale.
4216 /, Mayall. 20 $3.50 is
4217 Same.......... 8 90 250l6