davidaulloa/AmericanStories huggingface dataset:
The Delta independent., 1890-04-22

We received very ablc assistance in our
work from MIR. Hudston OF the Denver
National Bank, also from Mr.. II. NJ. Otis
Of tho First National Bank, and found that
the books were kept In an accurate, intclli-
gent manner.
We desire TO extend our thanks to w. II.
Brisbane, tho treasurer, and TO Mr.. l.. G.
Tracey, his deputy, for tho assistance
which they rendered US and for tho man.
ner in which the books, papers and vouch--
crs were furnished us.
Very respectfully
G. L. Ross LEVIN,
L. d. QuiNriN,
EDWARD S. IRIsH.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
BAD FOR WETHERN.
Startling Evidence Respecting the
Inflated Sea Wing.

Ill-Fated Sea Wing.
The examination of witnesses rela-
tive to the disaster to the Sea Wing OH
Lake Pepin is about completed. 1t is
now clearly apparent that the boat did
not have authority to carry an excursion
party with Capt. Wethern as mas
ter, and that the boat was
overcrowded. Ninety-eight bodies
have already been recovered and
identified and affidavitS of los living
persons have been taken stating that
they were Oh the boat at the time of the
capsizing. This already brings the
total up to POS passengers. The in
spectorS have learned that still others
were on the Eoat, and will see them and
secure their atfidavitS. Capt. II. q. Full
Ter, an experienced master who former
ly ran the Sea Wing. had license to
CORY excursion parties to the number
of us persons, but this license was not
transferred to Capt. Wethern. On July
Wing, with Capt. Wethern III charge,
was by regulation only allowed to carry
twelve passengers. The facts de-
veloped will doubtless initiate
against the officers of the boat,
1t will be remembered that the clerk
ana other officers of the boat stated that
the number of passengers did not eX-
eeed 165. The clerk stated that there
were about 143 persons on board. In
spectors Knapp and Yeager have re-
turned from trip to Red Wing, Dia-
mond Bluff. Lake City and Trenton,
where they went to take affidavits and
secure information. They found that
there still exists a strong feeling against
Capt. Wethern in those towns. 1t has
been learned that Mrs. Sparks will test
ify that Mrs. Wethern told her husband.
Capt. Wethern, that he ought to take
another barge with the steamer, but
that he objected to taking it because it
would require more fuel to run
the boat. Inspector Sloan SAYS
that the Sea Wing had no
authority to take barges in tow at the
time of the disaster. The evidence will
be considered by board composed of
j. D. Sloane, inspector of the district;
Capts. John Monaghan and Michael f.
Chalk, of Duluth, and Capts. G. f. Yea
ger and George Knapp, of the local
board of Galena, Ill, who will report the
matter to Supervising Inspector Gen
eral James A. Dumont. Mr.. Dumont
will then take such action as the cir
cumstances warrant in regard to Capt.
Wethern and the crew of the Sea Wing.
Capt Ritchle, of st. Paul, is engaged in
an effort to raise the wreck. 1t was
found that the hull is in good condition.
The boiler rolled off the boat and is now
covered by twenty feet Of water.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
EeIPTIED THEIR REvoLvERs,
Lively Experience of a Police Off
Ger With Crook.

Lively Experience OF Police OIL
Ger With q Crook.
At about o'clock last evening, at the
corner Of Third street and Broadway,
an exciting shooting ARRAY occurred,
which, fortunately or otherwise, re-
suited in no serious harm to any one.
Officer Bob Grady and a crook named
John Williams each emptied his re-
volyer at the other, but not single
bullet found its mark.
Yesterday morning man from Port
land, Or, named John b. Clopeck, got
drunk, and, falling into the hands of
half-dozen crooks, was robbed Of $50.
They were seen about the Manitoba
house with him. The case was reported
to the police, and Officer Grady was
sent by Sergeant Pottgeiser to find the
thieves. He found two in the Minnesota
Home. corner of East Third and R0Sabel
streets. He arrested and took them to
the Manitoba house, one block down
Third street, for identification by
the bartender. After leaving there he
about to ring for the wagon when one
of the men drew a bulldog revolver,
and thrustlng it almost into the patrol
mans face, fired. Officer Grady backed
off and drew his revolver. Both men
fired at each other until their pistols
were empty. In the meantime prisoner
number two escaped. When all the
ammunition was gone Williams turned
and ran down Broadway to the
railroad tracks, but was captured as
he was diving under car. He needed
some clubbing before he submitted to
arrest, and when the patrol wagon
came he was taken to the city hospital.
He was unhurt. except for some slight
cuts about the head. He was enrolled
ON the tab at police headquarter rs on
charge of assault with dangerous weap-
to charge of larceny also.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
SOCIETY CHATTER.

Mr.. and Mrs. Charles E. Doher, of
Chicago, who have been in st. Paul for
the last few days attending the races,
are jointly winners ON the meeting so
far to the tune of $500. That is to
say, as husband and wife they are
equally entitled to share in the profits
AS matter of fact, however, the money
has been won on MrssDoher's judg-f
ment, and against that of her lord
Thursday Mr.. Doher backed the Avon
dale stables entry to run one. two, and
told his wife about it. ''Chariie,n She
said, ga little niger told me just now
that Semper Fidele was the best bred
filly on the ground, and gave him $40
to place Tor me. and here's the ticket,
80 to IL The wise man smiled audibiy
as he, in his minds eye, saw Ida Pick
wick just under the wire and Letcher'S
FLY a mile away from home. Events
proved that the lady was right and his
Judgment nowhere. The filiy won the
race in canter, Mrs. Doher pocketed
$500 and Mr.. Doher sneaked off be-
hind. fence to talk seriously with him.
self. Earlier in the day the same lady
put a $50 bill of Lillian Lind
say and saw that three-year
old walk in. Mr. Dofier had
played Macbeth III. at three to five.
Another couple of hundred was glee-
fully p0eketed by his wife. Yesterday
the lady put all her winnings except
$50 on RoSemOnt for the last race, be-,
cause she had heard some one say the.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
Eyidence and Witness,

In re petition of Winona g. ST. Peter Railroad
Company, etc., Matthias Pa pooshek, re-
spondent, vs. The Winona d st. Peter
r abroad Company, appellant Order af-
frmed. VANDERBURGH j.
There is no infleXible rule of law de-
fining how much witness must know
about property before he can be adj
mitted to testify to its value. 1t must
appear on the preliminary examination
that he has knowledge On the subject
sufficient to enable him to form all esti-
mate OF its value, and such as it may be
supposed the jury do not have. 1t is
then for the court to determin the ques-
ton of his competency; and if the evil
dence is.received the jury will determine
the right and wrong of it, in
view of all the circumstances, as devel-
oped Oh the examination. Evidence of
certain witnesses upon the question of
damages and their competency in view
of their crosS-eXamination considered.
One whose land OH street in front of
his lot is appropriated by railway
company and occupied by its track is
presumptively entitled to damages, in
addition to what he would suffer if the
railway stopped at the line of his lot
and no part of the same were so appro-
priated. The refusal to give the jury
certain instructions asked by the de-
PENDANT which were correct in them
selves held not prejudiclal in view of
the general charge.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
THE PASSING SHOW.

A new telephone line was completed
through South ST. Paul yesterday.
A .Beggar Student matinee will be given
to-day at the Harris by the Wilbur Opera
company.
Judge Wilk1n has refused new trial in the
case Of The second National Bank of st. Paul
against Isaac L. Mahan ct al.
The board of control made visit of in
spection to the poor farm yesterday. Every
thing was found satisfactory.
Secretary Phi clips yesterday said the Manu-
facturers' Loan and investment association
would be incorporated within a week.
The EQUINE Paradox, which has made such
q palpable bit at the Newmarket will be ex-
hibited at q special matinee to-day.
The excursion of the Chicago, st. Paul &
Kansas City railway employees to Kenyon to-
morrow promises to be largely attended.
Articles incorporating the United States
Evangelical Church Of st. Paul were yester-
day filed for record in the register of deeds
Office.
Scarlet fever was reported yesterday at
1918 Woodbridge street, 722 Hawthorne
street, 63l Paramount street and SS1 Euclid
street.
Charles Friend & Son have su9d C. j. Van
Arnold for SI47.65 on merchandise sold and
have garnished funds in the hands of j. H.
Schumacher.
The London and Northwest American
Mortgage company has sued Albert F. Ohm
sted, Charles A. Stinson and Ingel OLSON to
recover 81, Oo0 on promissory note.
Newton F. Hawley and wife, of Minneap-
oils have sold thirty lots in Capitol addition,
TO Fred Eustis of Minneapolis, for $50, 600,
4, oF
lots
II. Schauffier, who sings the offertory at
the morning service at Christ's church, has
been offered solo bass in the Amherst Glee
club He sang for some time in the Oberlin
quartz
Col Bobleter was the recipient of num-
Der of congratuiatory kilograms yesterday.
S. E. Olson, of Minneapolis, wired his best
wishes from New York. and Congressman
Snider did the same from Washington.
Lane K. Stone and wife and Walter S.
Morton and wife have sold to the st. Paul
Land and Mortgage company, portion of
lots 25 and Is in block 90 of Dayton g. r.
wins. addition, for $4,000, subject to
mortgage for S12, 500.
John Sweeny, pickpocket and who is fol-
lowing race meetings, was caught Thursday
afternoon picking the pocket of a Minneapo
lis man at the race track. He secured SIG.
He was arrigned in the police court yesterday
and sent to the workhouse for ninety days.
Memorial services at the Rosabel Street
German Methodist Episcopal church for
Mrs Caroline Sch nrmeier, wife OF j. d.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
Tax Sale.

Ida P Sperry, respondent, VS.. Sarah M.
Goodwin, appellant. Judgment reversed.
NANDERBURG, j.
Where in notice of the expiration Of
the time of redemption from tax sale
the property i'll question is correctly
described as appearing on the tax
records of the county, and according to
the plat Of the town or city or we'll
known subdivision thereof, in which
the same is in fact situated, and which
plat has been duly recorded, and the
notice appears to be issued by
the auditor Of the county in
which the property is situated, held
sufficient description for the purposes
of such notice, though the county and
state do not farther appear as a part of
the same. Where the property is bid in
by the S}ate and afterwards assigned to
a purchaser under General Statutes,
chapter IL. section 80, the sum paid
by such purchaser is 1.-The amount
sold for" to be inserted in the
notice. 1t is not necessary
that the notice should state in whose
name the property is assessed, but it
must be directed to the party to whom
it is assessed when the notice is issued.
but it is not fatal to its validity that it
0lSO COubdlllS liiC VI IiiC DCIoOllS W
whom it was assessed when the tax was
levied. Variance between the published
notice and the one served in this case
held immaterial. Published list held
sufficiently definite in respect to the
names of the owners of the delinquent
lands. and also the year for which the
taxes were delinquent. The affidavit of
publication also held sufficient to show
that the list was duly published in the
newspaper designated by the county
hoard
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
Common Carriers.
Edward Boehl, respondent, VS.. The Chicago
Milwaukee d st. Paul Railway Company
appellant Order affirmed

Edward Boehl, respondent, VS.. The Chicago,
Milwaukee d st. Paul Railway Company,
appellant. Order affirmed.
yANDERBURGH, J.
Carriers of live stock are relieved
from liability for injuries resulting
from the natural propensity of animals
to injure themselves OF each other. The
law will not permit a carrier to limit
his liability for his own negligence by
contract, either as to the right or the
amount of the recovery. The burden
rests upon the owner of goods lost or
injured during transportation to make
out prima facie case of negligence.
This may ordinarily be done by proving
the delivery of the goods to the carrier
and the fact of the loss or damage hap
pening during transit: the burden will
then rest upon the carrier to- show that
such loss or injury was not occaSioned
by his negligence or default. And,
where specific acts of negligence are al
legged to have caused the injury, as the
dumping" or collision of cars, the
owner of goods alleged to be injured
thereby must establish such facts by a
preponderanee of evidence. and this I'M
explained will make out prima facie
case of negligence, and it will then de-
volve upon the carrier controlling the
agencies and iustrumentalitieS through
which the accident or injury occurred
10 disprove his negligence by showing
that the same was 0ccasioned without
his fauIt
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26

Schumacher; Charles F. Schurmeier and
George j. Miller victims of the cyclone at
Lake Gervais, will be held tomorrow at
10 80 a. m.
E. Butler. editor Of the Stock Growers
Journal Miles City, Mont, is at the Mer-
chants He reports that the live stock bust
ness of Eastern Montana presents brighter
prospects this season than for several years
past. He is examining the stockyards facil-
tiles of the two cities
The case of John Rooney. the driver Of the
BLACK Maria, p" came up before Mayor Smith
yesterday Rooney was charged by Dennis
SWeeny with attempting to arrest Dan
Sweeny, son Of the complainant without
cause, and with firing two shots at him from
pistol. Mayor Smith fined Rooney $40.
Judge r. r. Nelson yesterday received
cablegram stating that DR.. and Mrs. Hutchin-
son had arrived safely in London, England
Mrs. Hutchinson is the daughter of Judge
Nelson. DR.. Hutchinson will attend the in
ternational convention Of physicians in Ber-
lin. They will make tour of the continent,
returning to st. Paul in october.
Newton r. Frost, the Prohibition nominee
for state treasurer, filed his nomination pa
pers yesterday. j. o. Barrett the Alliance
nominee for lieutenant governor, went
through the formality of filing his papers a
second time. Mr.. Barrett has been obliged
10 file papers twice and put up 500, being
the nominee of both the Alliance and Pro-
hibitionists.
The seven young crooks belonging to the
Morris street gang, who were arrested by
officer Coveny on Thursday, were arraigned
in the police court yesterday. Charges OF
larceny were brought against two of them
and Of vagrancy against the others. One
was discharged, two were sentenced to thlr-
ty days and released on suspended sentence :,
and the cases OF the others were continued
until to-day.
Judge Otis has filed a lengthy decision in
the case of Bridget Ward against Emma M.
LaWton and Others 1t is decided that the
real estate of Emma NJ Lawton, being lots
l and 2, in block 81, of West St. Paul, shall
be sold to satisfy mechanics liens for the
following sums: H. Emil Strarsburger,
$15O.45, which is first lien; Bjomstad &
Omdahl $500, and Jefferson d Kasson,
ST. ,O69.SS, pro rata; Bernard NJ. Mcmahon,
for S262.12 of his judgment for S373.9 90;
The st. Paul Trust company for $4,000 Of
its $4,000 judgment; Bridget Ward for
$1,6o7; Anderson & Plaster, $40; The st.
Paul Trust company, $1,000; Bernard Nc
Mahon, $91.S0 The above is the order in
which the liens are directed to be paid, with
certain notifications as to pro rata shares in
some instances.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
A Promissory Note.

Lebanon Savings Band respondent, vs. T.
e. Penney, appellant. Order affirmed.
VANDERBURL, j.
Where the defense set up in an an
swer to complaint upon a promissory
note is that the note was made by the
defendant for the accommodation of
the payee, proof that it was executed
without any consideration is sufficient
to establish such defense and defeat a
recovery as between the original parties.
But evidence that the parties mutually
agreed in writing at the time of the ex-
ecution of the note that the maker
should not personally be liable thereon,
but that it should be paid out of the
proceeds of other securities, is not adj
mssible under the answer to prove that
the note was made for the accommoda-
ton of the payee.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
Foreclosure Sale.
Albert T. Jellison, appellant VS.. Thomas
Halloran, respondent. Order affirmed.

Albert T. Jellison, appellant, VS.. Thomas
Halloran, respondent. Order affirmed
VANDERBURGH, j.
Connecting that the mortgage fore
closure sale in question in this case and
set up by the defendant was Invalid.
the grantee of the purchaser at such
sale became the equitable assignee of
the mortgage. Evidence held sufficient
to support the finding of the trial court
that such grantee, Immediately upon
his purchase Of the premises, entered
into and continued in the actual, open
and exclusive possession thereof until
the expiration of the time to forclose
the mortgage and redeem the premises.
When such purchaser takes and holds
possession of mortgaged premises in
good faith, the assent and acquieScence
of the mortgagor may be implied from
circumstances. such as the abandonment
of the premises by him and the neglect
to arrest any claim thereto after notice,
express or implied, of the possession Of
such purchaser. A party claiming to
be the owner of premises is chargeable
with notice of any equities or rights of
other parties as disclosed by the record
of his own title, and, after reasonable
time, with actual notice of the open and
continuous possession of mortgage
in possession. ts.-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
upon his refusal to deliver the same on

UtIIIdIlU.
This liability IS not affected by the
fact that the mortgage covered add
tional property which did not come into
the hands of the purchaser. and has not
been applied on the mortgage debt, or
recovered by the mortgagor. A pre-ex-
listing debt is sufficient consideration
for a chattel mortgage as between the
parties and their assigns. A mort
gage and note made directly to a party
who is the agent of the equitable owner
of the debt thereby secured may be en-
forced in the name of the agent.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
BOLD HIGHWAY ROBBERY.
Prompt Police Work Places the AL
legged Road Agent in Custody.

legged Road Agent IN Custody.
A little before II O'clock last night
George Herbert, chief clerk in the
Omaha shops. was knocked down and
robbed on Goodrich avenue and Seventh
street. He was standing on the High
bridge when man named Dan O'Brien
accosted him. After few minutes
conversation Mr.. Herbert started north
on Goodrich avenue.
O'Brien followed him, and when they
reached Seventh street O'Brien
knocked him down and took from him a
gold watch and chain worth about 500
and valuable Masonic badge. Mr..
Herbert reported the case at police
headquarters at once, and before mid
night O'Brien was behind the bars. He
was found in Joe Fecht's saloon on
Washington street, by Sergeant Zirkel-
bach. and was brought to the central
station after desperate resistance.
Mr.. Herbert identified him fully.
None of the jewelry was found on his
person. Mr.. Herbert was not seriously
hurt. O'Brien is an OLD offender, and is
well known to the police as highway
robber. He has been sent up before for
the same crime.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
The Supreme Court Continues
to Grind Out ,Volumi-
nous Decisions.
A Mass Of Legal Intricacies
Strengthened Out With
Great Precision.
The Liability Of a Bapkeeper
Carelessly Ejeeting an In
ebriate Customer.
A Policeman and a Profess
sional Crook Exchange
PIeaSantpies.

The supreme court is still busily en-
gagged in grinding out voluminous de-
cisions, although this term of court
came to an end several days ago. Less
than a score remain to be filed, how
ever, which fact is not at all displeasing
to the court reporters, clerks. and even
to some of the judges on the bench.
Yesterday seven decisions were filed,
six OF which affirmed and one reversed
the decisions and rulings of the inferior
courts. The syllabi follow:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
Eiectins a Drunk.

John Brazil, respondent VS.. Peter Peterson,
appellant Order affirmed.
VANDERBURGH, J.
When the barkeeper of saloon for
chilly elected therefrom person while
in an Intoxicated and helpless condition
in careless and reckless manner, and
without regard to his condition or
safety, so as to cause a fracture of his
leg, held that the proprietor of the sa-
loon was liable in damages to the per-
son so injured. Evidence held sufficient
to support the verdict. Held. also, that
there was no error or abuse of dIscre-
ton on the part of the trial court in re-
fusing new trial on the ground OF the
newly discovered evidence disclosed by
the record.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
ARie Strike in Prospect.

CHICAGO. July 25.-It is probable that
another big strike of carpenters will take
place next Friday. The carpenters
union claim that the two bosses assOci-
ations have united their interests and
are trying to force down the scale of
wages. The new bosses association at
meeting last night adopted resolu-
ton giving warning that the schedules
of prices dgreed upon last April would
no longer be respected.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
DROWNED AT PLAY.
The Father of Waters Gives Up
Another Victim.

The Father or Waters Gives Up
Another Victim.
Last Thursday afternoon Joe Carsal,
of Shakopee, while out hunting. found
the body of boy in the river on the
boom just below Fort Smelling. He tel
egraphed to Coroner Quinn, who had
the body brought to OHailoran & Muir
phys morgue on Sixth street. 1t was
much decomposed. 1t is supposed to
be the body OF Amos Berglund, the
twelve-year-old son of Berglund, who
lives OH Twenty ninth avenue, between
Twenty sixth and Twenty-seventh
streets south, in Minneapolis. Last
Tuesday, while playing with some COM
panions near the Short Line bridge, he
fell into the river and was drowned.
His parents have been sent for to iden-
tify and care for the body.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
Tourists.

Whether on pleasure bent or business.
should take on every trip bottle of
Syrup of Figs, as it acts most pleasantly
and effectually on the kidneys, liver and
bowels, preventing fevers, headaches
and other forms Of sickness. For sale
in SOC and 81 bottles by all leading drug
gists.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
CAME TO BLOWS.
A Breezy Racket in the Manitoba
House.

At about the same time tina. the shoot
ing ARRAY occurred between Officer
Grady and John Williams last evening
another fight took place in the bar of
the Manitoba house. A switchman on
the Great Northern road, named W God,
quarreled with John Herman, the bar
tender in the hotel, over ring which
and which the bartender said had been
pawned for drinks by Williams.
the thief who shot at Officer Grady.
From words they came to blows, and
Wood received several nasty cuts on
top of the head with beer glass. They
were both taken to the central station,
where Woods wounds were dressed,
and Herman was locked up on charge
of acSauIt
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26

Do you mean to say that house hand
ling fourth the quantity of goods that
we do can sell the same quality at as
low a price? The idea is ridiculous,
and you know it. If you are judge of
groceries you will acknowledge the diff
ference without being asked. Your
patronage will settle that matter.