davidaulloa/AmericanStories huggingface dataset:
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
Another Supreme Court Decision.

The case of Gould VS.. Duluth & Da-
kota Elevator company, on appeal from
the court of Judge Mcconnell of Cass
county, was yesterday decided by the
supreme court in favor of Gould. This
was an action brought against the ele-
vator folks for the conversion of wheat
OF which the plaintiff claimed a lien by
virtue of a chattel mortgage and seed
lien. The trial jury returned a verdict
for the plaintiff, but when it came to
enter the Judgment on the verdict the
trial court, IN it's own motion, ordered
a new trial. From the order both sides
appealed. In the supreme court the
defendant entered a motion to dismiss
his appeal, which was granted and the
case was argued on the appeal of the
plaintiff. The order appealed from is
reversed and the following syllabus filed:
A general verdict was returned in plain
tiff's favor December 10, 1890. On April
s, 1891, a bill CT exceptions was allowed OF
defendants application. No notice of in
lClltlOll " luOFt lUI d ItW GIIdl Was tVcT
served nor was such service waived. Prior
to the allowance of the bill plaintiff had
served notice of a motion for Judgment on
the verdict, which motion, after postpon-
ment, came On to be heard on the day the
bill was allowed. After hearing counsel
on such motion the court denied the motion
for Judgment and its order denying such
motion also directed that the verdict be set
aside and granted a new trial. The order
is predlcated upon error as shown in the
record by the bill of exceptions. No ap-
plicatiOn was ever made for a new trial by
either party. Held, That the order vacat-
ing the verdict and granting a new trial
was without authority of law and is rever-
sible error.
1t is not claimed that such order was
made or could be made in the case under
the authority of section 5,O9I. Compiled
Laws, allowing such orders to be made by
the court upon its motion. Nor
should a new trial be granted, without the
application of either party, where, as in
this case, a long period of time had elapsed
after the verdict and where both parties
had initiated proceedings based upon the
verdict.
In the case j. E. Robinson of Fargo
appeared for the plaintiff and A. G. Davis
for the defendant. The opinion is by
Judge Wallin.
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06

equities are denied by answer, and are
without support from evidence extrinsic
to the complaint, a receiver should not
be appointed even after notice and a
hearing; much less should the defendant
be disposed summarily by ex parte pro-
ceedings.
The practice of appointing receivers
q parte is not tolerated by the courts
except in cases of the gravest emergency
and to prevent irreparable injury.
Messrs. Carmody & Leslie of Hillsboro
appeared for the plaintiffs and J. E.
Robinson of Fargo for the defendant.
The opinion is by Judge Wallin.
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
A Bad Cold

If not speedily relieved, may lead to serious
issues. Where there IS difficulty of breath
ing, expectoration, or creme of the throat
and bronchial tubes, with a constantly irri-
tating cough, the very best remedy is Ayers
Cherry Pectoral. 1t removes the phlegm,
soothes irritation, stops coughing, and in
duces repose. AS an emergency medicine,
Ayers Cherry Pectoral should be in every
household.
"There is nothing better for coughs than
Ayers Cherry Pectoral. I use no other
preparatiOn."-Annie S. Butler, 1G9 Pond st.,
Providence, r. L.
81 suffered severely from bronchitis;
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
Heavy Bank Failure.

Boston, Nov. 2.-There was great ex-
element in financial circles to-day when
the announcement was made that the
Maverick National bank had suspended.
It was considered one of the strongest
institutions in the country and had de-
posts amounting to yer $17,000,000. No
particulars we're given out tonight. It
is believed the closing will not be per-
manent. "-
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
First Publication Oct. 9, 1891
Notice-Timber Culture.
LAND OFFICE AT BISMARCK, N. D.,

October 5, 1891.
Complaint having been entered at this Office
failure to comply with law as to timber culture
enrty No. 55S.. dated June q, 1882, upon the NV
quarter, section 2. township lao north, range so
view to the cancellation of said entry; CONTEST
ant alleging that claimant, Nathan Dunkleberg
has not broken or cultivated to exceed eight acres
not been for two and one half years last past,
more than one hundred trees on said claim: that
during said two and one-half years the claimant
said tract to be. plowed, planted or cultivated,
and has not for the last two and one-half years
planted any portion of said tract in timber, seeds
done. The said parties are hereby summoned to
appear at this office on the 14th day of November,
1891, at 10 o'clock am, to respond and furnish
testimony concerning said alleged failure.
+. 8. NEAL, Register.
BOUCHER g. PHI BRICK,
Attorneys for Contestant.
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
Prospects For a Lynching Bee.

BENNINGTON, Ala, Nov. 2.-In the lit
tie town of Georgenia, Butler county,
there have been five assassinations in
the last ninety days, and it is believed
the murders have been committed by
moonshiners. If caught there will be a
lynching bee.
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
Wrecked ON Lake Erie.

BuFFALo, N *, Nov. 2.-The steamer
Passaic was wrecked on Lake Erie in
Sundays storm. The crew are missing
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
Lots 12345 6 7 8 in
PAINTED WOODS.

Description. A
lots l 2 3l567S 10
II IL IL IA Is 16 II 10 10
20 81 % % "a in blk L.. Is ct
lots 12S456 10
lots ID II Is Is II 1S 10
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II IL IL II Is 16 II IS 10
20 81 ~ % "a in blk g.. Is
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II IL Is IA Is 16 II 10 10
20 q % % "a in blk L.. Is
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II IL Is IA Is IL II 10 -
20 u % % "a in blk S.. Is
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II IL IL IA Is IL II 10 10
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lots | 234567 ~ r.
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II Is 16 II IS IS 20 81 %
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IL - IL IA IL 16 II 10 10
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II II Ii IA Is 16 II 19 IL
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II II IL IA Is 1B II 10 10
20 q % % "a in blk 49,. Is
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22 q % % "a in blk o.. Is
lots / 45678 8 10
II IL Is IA Is 16 II 10 in
blk % TX
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06
CURED BY

Ayers Cherry Pectoral. 1t saved my life"
Geo. B. Hunter, Goose River, N. S.
"About a year ago 1 took the worst cold
that ever a man had, followed by a terrible
cough. The best medical aid was of no
avail. At last l began to spit blood, when
it was supposed to be all over with me.
Every remedy failed, till a neighbor recon-
mended Ayers Cherry Pectoral. l took
half a teaspoonful of this medicine, three
times a day, regularly, and very soon
began to improve. My cough left me, my
sleep was undisturbed, my appetite re-
turned, my emaciated limbs gained flesh and
strength and, to-day, thanks to the Pectoral,
/ am a well man."-H. A. Bean. % Winter
st., Lawrence. Mass.
Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1891-11-06

Five Hundred Convicts at Large. y
KNOXVILLE, Tenn, Nov. 2.-The most
intense excitement prevails here and.
throughout The mining region to-day.
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

The case against these prisoner. IS
perfectly clear. They swore that they
would drown you, and your coat was
found near the river. Is not that
strong evidence"
aHold on. The body of a man was
taken from the river and identified as
your remains"
@But am here to refute the identi.
fication."
aAh, you are here to throw an OBJ
strncsion in the way Of justice, are
Won? I have heard on several occa-
sions that you are man who has very
little respect for the decision Of q
court. And You have come around
here to bully me, and that, too, IN the
face of the strongest evidence that was
ever brought before a court OF justice.
NJ. Sheriff. issue bench warrants O
arrest for this man on the ground O
confempt Of eourt, and then proceed
with the hanging. This court, pilne
As Il is to everything but Justice ane
the true form Of law. Is getting nre'
Of being browbeaten.
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

he had. several DAYS before, heard Sim
White and All Miller swear that they
would kill Peters. The two men were
arrested and taken before oustlce OF
the Peace. They avowad their lnno-
cence. and their lawyer declared that
thew could not be held for murder un-
iii Il was proved that a murder had
been committed. This proof was not
long wanting, for fisherman soon ar
rived with the information that he had
found the body of Peters. The body
was identified, and the preliminary
trial proceeded, resulting not only IN
establishing the fact that White and
Miller swore that they would Kill re-
ters but that they were overheard 70
declare that they would drown hmm;
They were held over and were indicted
by the Grand Jury.
When the case came up before Juuge
Ouirk of the Circuit Court some OF the
ablest LAWYERS in the State were IN at
tendance. for White and Miller were
not friendless, and moreover they were
not without means. i,
After more than a week OF "sklrmisn
inqn a Jury was impaneled, and ther
the great trial was begun. The major
ity Of the people. including the press
four-coIumn folio set in small plci
and printed in the back room OF I. b
Wilson's crossroads store, believed
that verdict Of guilty would be ren
dered, and bets were made with person.
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

short human life, has far surpassed tne
HIGHEST commercial glory ever attained
by the mighty cts Of the Doges.
CHICAGO was founded on trade. ltnau
its beQinning as a post where gooas were
bartered with Indians, at many times
their value, for the furs and pelts Of AM
mails. AS the red man began 70 IeVeue
before the advance Of civilization, y De-
came distributing point for me necess .a
ries Of white settlers Inc MsFs, ssesas
which Venice drew her splendor, comm
mad her support. Thus trade increased
and with It came population, push en-
erov-and great city WIS the result
az the institutions which haye maae
the Chicago of the past, and are prepai-
inc for the building OF /. still more glorl-
ons Chicago for the future the Board Oh
Trade is entitled, perhaps. to the very
foremost mention
This i 4 theme Of which, though mucn
has been written, very little Is probably
underetood. This is not because ING
subject is SO intricate. but for the reason,
probably. that SO much Is taken 1ol
granted, and passed by without eApi@nA-
| ton. po-a ~
! Trade wouId be to write the commercial
! history Of the Garden City. Suffiee = 20
sav that K hal beginning as small, 10
comparison. as the @acorns" from wnicn
ma atalI oaks. in the old defamation,
grew. A membership, which costs now ,.
saveral thousand dollars. WAS issued g
| tba charter members at TIE very modest
charge Of IS. From insignificant guar
tiers It has risen by gradations until y oc
cupies q veritable palace.
The Board Of Trade building stanes q
jackson street, and occupies half block
III a majestic structure, rising TO vas
height. its vane being Ss5 feet above tn
nayement. making the ten and twely,'
story buildings in the neighborhood 1901
dwarfed in comparison. In c0nnessso.
With the lower part Of La Sale street
which terminates at its granite front tnl
building presents an appearance certain =
" As fne as any similar structure
America. -
a stranger to the modus operandi, en-
terinp one Of the galleries, looks dow
upon what seems q second Babel. he
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

The husband Of a professor Of phys
les AZ a 4youne ladies' advanced
school was prtting on his clothes the
other morning, and his wife was lectur-
ing on her fayorite subject.
NThe whole is always greater than
mart she remarked with confidence.
@Alwaysgv be inquired, sticking his
foot into his sock.
Away she answered with en-
phasis.
i think not, ne reioined ina quietly
aegrnvating tone.
aBut say Il Is, she asseyerated-
@For example. my dearS-and ne
held up his foot-@ny foot Is part q
nv body, but the hole in the SOCK =
not larger than the part. lou VIII eo'
serve that the part cannot get quite
thorough il At this moment. But, my
love- and his voice softened. -1y %.
night think your proposition VII oe
correct
Then he put on his shoes end con-
uletcd his toilet II the mis-. 81 : -
/ ience that could be bent doebie before
Il could be broken. Merchant hfeo'
elsr. ~
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

A man stepped across an upper halk
in q great Office building IN Chicago,
and entering a room, said 70 an Az
sorbed real estate dealer.
"say, have you got time to go onts-
"No, not now
II think You ought TO-
"Why 70
Haven't you heard p
eNo.p
Haven't You seen tho Afternoon
Haven't had time 70 look AZ It. Con-
tain ANYTHING Of unusual interest =
aWell. rather II announces the fact
that ire south end Of this building Il
on fire."
see how the fire Is getting along
Il did just now-telephoned 70 you<
Brother Dick.
aWhose Brother Dick p
~Yours"
4When did he come to town.
About two yeass ago.
aOh. YES. now remember. And yo1
say that you telephoned % him.
yes
~What did hesay7'
~said the Ere was spreading. Sup
pose we 60 ont.
sNo. not nov. Ny lease expires -
5x o'clock this evening, ard - ] eanno|
get renewal at the old terms. ny, =
purpose to stay here as long - can
The old rate Excuse me, please.
Am very busy. '--1rko4isalr Irapete'.s'
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

noured In her lap ell gems IA spatkiing
showers---the greatest trading mart %
All the world. -.
But in the days when Antonio the mss-
chant raced up and down the costly no s'.lc
pavement, and looked IN VAIN lok tne W. w.
sails of his returning ships the vusln ~
there transacted was but trinlng ~ VIM
parison with that 70 DO dlspatcnso =
Ia distant time in the exchanges OF our
then undiscovered America -.
While me palaces OF Venice are crum-
lin. ~ the shore, and she is sinking
back to the morass from which she rose
Chicago. within the narrow span Of on'
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

Opie P. Read. in the Chicago Times.
The circumstances, told with the neces-
sary dryness Of detail, are as follows
One John Peters, asober and INDUS
trious man, failed to come home one
night. This occurrence was SO unusual
that his wife, becoming alarmed,
aroused the neighborhood, and men,
women. and children turned out IN a
general search. The next day John
Peters coat was found near the rlyer
bank. Marks Of a struggle were also
discovered. Immediately there arose
a cry that the man had been murdered
and. about this time, there came along
q reputable citizen who declared that
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

eighth Of cent less for 5000 bushels OF
tho same staple commodity.
As scores, sometimes hundreds, Me
shouting at once, il Is often Impossible
for the sharpest ears 70 distinguish .nv
words Of any one Ia particular. 10 make
offers Ineligible, q sort or yea, ana
dumb alphabet hes been adopted, When
hand Is thrust mp with tie PAIN oul
ward It signifies SELL with the BACK eA,
posed il means buy. Each hn9er asioWeu
to remain upright stands Tor a,VVv nusn.
els. A traGer new 70 the bnslness mas. W
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

heating his visit, be nay come q e's.in-
ruish words such e. bgy ana sei,t Dnt
vhaf Is being done, and nov, rem Ans -
great mystery A. iyeE
But Il j with the business anu not tne
building that We hare 70 DO
on the f6or Of tlelhigh-eeli.n8ee naii'
where the businessof ne Beard Z. .tsns-
$3.50 - nunb4 Of circular derres-
600 fnrniahed With steps. upon Wnict
e-.-icrS esn stand without obstruciIn1
-,.-h Others view. These are the pits,
80 Vsrifable pitfalls fheT have proved
- sl,onrsnds. This Is the open rasrket
$500 produce and provisions are boaehl
and sold
-. -sstian. viz oempeting tlce. on
M Is shouiins sell lo-s'i; rnoihsz
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13
HE WAS SOT In HIS WAYS
A Southwestern Judge Who Gould Not
Be Trihed With.

HE most sensa-
tional legal com
plication that ever
aroused the inter
est of q law-abid-
ing neighborhood
was the outgrowth
Of a trial held be
fore Judge 81 w.
Quirk, Of the Hick-
DRY Flat circuit in
Arkansas, writes
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

been heard. 4 don't think that It Is
necessarv to 90 into an arguments con
corning this case. The guilt 81 THESE
men y So clear that It would oe
criminal act 10 waste the county mon
ey in l,1olonging this trial. Now pms
oners. the best thing yoa can 90 = "
confess yOnr guilt and throw YOUR
selves npon the mercy Of TINS cos,1
Have you any confession to make aA''
Whitesr
no, yoar Homer, except that 4 am
innocent. -. An
~Have YOU any confession Mr.. Nh
ler?' Ia
nothing to do witk the killing OF our
friend Peters
IAN right said the Judge. 4 see
Tint Won do not desire any mercy, put
Il YOU expect to escape punishment os
making a prolonged tight, let me ten
Won Won will meet with nothing but
disappointment. l am here as t5e
fearless agent OF justice. have maze
up my mind. / have determined that
Won are guilty, and nothing on earth
can change me. Gentlemen OF the jnry'
YOU may retire and agree upon YER
dict
The Jury. without leaving the box,
rendered verdict Of guilty.
aGentlemen." said the Judge, 70
sxnedite matters. and thereby save ex-
nense to the county, ! will sentence
these men now. The law may be IN
favor az delay. but justice is not. The
ia,,, ,,,;s,bt hermit the Sheriff to take
those men 10 iail and feed them al the
conntv's expense until some distant
dav OF execution should arrive, but
iustice. the one bright flower IN our
Judiciary garden Of weeds, LOOKS u
/, and says: No, Mr.. sheriff, thess
men must be hanged forthwith %
take them out when the death sentence
has been passed and hang them to thu
most convenient tree. Prisoners a.
! the bar, stand up and receive your sen
tence.8
The prisoners stood up, and Just a
the Judge had pronounced the las
words Of the sentence the wife OF Mr.
Peters uttered shout and BOUNDING
! toward the door threw her arms aroun'
a man who had just entered the court
, room. A wild commotion followed.
!, whats the matter 2" the Judge dc
!, manded "Who is the man that tn
: bereaved window is hugging
! II amt no berieved widow, ledge
: the woman answered, fur this Is m
I. husband, safe and well. :,
!, "Silence, woman" the Judge d'
E manded. "You ought to have bette
sense than to interrupt this court.
"Your honor" said lawyer, 4 SUI
pose my clients can now go free n
Sand why 50, sir ?"
aCan your honor ask such a questlo
when Mr.. Peters stands here befol
you2"
"Who is Mr.. Peters2"
Z @Your honor, cannot uAderstan
) you" M. NJ
!, "But You will pretty soon. The M
: PeS,rs that this court has taken In
consideration is dead
8 aNo. I'm mott" exclaimed Peter
4 stepping forward. :,
!. @You may think You are not, ~
:, Peters, but you are Never IN all
e professional career" theJ udge. co
tinued, shave ever seen facts that
4 clearly and strongly establish the gu
\ OF two men. 80 ~
@But, Judge, Peters pleaded, tn
can not be, for no murder has be-
committed"
"Mr. Peters, you have not EXAMINE
the evidence as closely as l have.
m "But here / stand in refutation OF
ey evidence.
re- "Mr. Peters, you have not read
Of many textbooks on evidence as nav
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13
The benign Witehsry Of Candle Light


There are 50 many women who have
passed their first youth who appear at
the balls in New York and receive the
devoted attention Of men for whom
they must entertain most grandmotln-
erly interest, that the question Of light
has become . most important one. 80
these foxy caterers to the female com
nlexion had taken leaf out Of French
books and lighted their rooms with can
dies. the silver candelabra being set n
the walls 80 that the light falls from
he side. not above. while pretty little
aufed petficoats Of rose silk shade the
colored candles. A side light. espe'
ciaIlr II Il Il rose tinted. takes ten year,
from : woman's age. No wonder "
are n favor Of aiolishil g the dead
electric lamps. and The feuing gas, |
war candles are sreh thie1ez = i---a--
Hartford CoiLrallL
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

.Buy s-S7;. which, in the phrAseology OF
the pit means. that the enc oilers for sale
10 900 bushels Of wheat, or corn, accord
ms &c which PIT Il Is N, at 81 cents per
bush /. and that the other ohers one
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13
TIE MODERN Ratio.
SIXTY MISuTEs or TnE en1cAoo
BOARD or TRADE.

D....,,,,on Of the Manner IN which -
p,,.,,.ss A. Conducted The Lingo 81
an. In.sitntion lulis and heahF--ta'>
r.us s,r.adies. Margins, Bite, Etc.
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

no believed that the prisoners we're
'-,;it~ Int Who thought that the jury
might be Culvered.
The trial had not proceeded far y men
"A could be clearly seen that the : 1age
- convinced that White and Miller
80 o,ilfx. This iurist was something
800 flan . peculiar old fellow. he
decided character, and 80 set
-. his opinions when once formed
fhef ro argument and no proof coulo
change them. a..
Judge, -1hsn AZ the testimony MS
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

He RiAlto, whicA
Shakspe res Shy
lock designates ~
-the place wheTe
merchants most DO
congregate. was
Al that golden time
when the Daughters
: OF Venice had theil
sdowers from spols
POI nations. and ths
axhauetle as asl
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

and never again got on his feet. The
city abounds in men whom speculation
has ruined, without leaving them the en-
erQy to earn q respectable livelihood
D,riohf Baldein IN hicn0o Ledger
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

AFnrsca eleofriciaa has found iha8
The clecf &c current rctards he serr~
r. ion q cream and Presarpu
milk-
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

course. much TO learn and is often con-
fused. In time, however, il becomes .
second nature. and he knows almost IN
stantly what is being said. In this he g
largely aided BY study Of the lips Of
bidders and comes to know the uttered
The Yazoo sentinel. (Yazoo City, Miss.) 1878-1916, 1891-08-13

Anoe that can't bark Is one Of the
euriosffies a EdinbOro. =. J.