davidaulloa/AmericanStories huggingface dataset:
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
RECORD OF THE COURTS
Opinions Delivered by the Supreme
Bench Reversing Two
Lower Courts.
Albert K.leinechmidt to Got a
New Trial in II Con-
tract Case.
N Merchnnts National Bank Case
Against Max Kahn 10 Continue
with Eleven Jurors.

Two opinions were handed down ~yester-
day by the supreme cou :. and in each case
the rulings OF the lower courts were re-
versed. Associate Justice Dewitt wrote
the opinion in tho case of r. II. Klein
schmidt VS.. Albert Kleinschmidt, appel
liant, in which the other justices concur. In
December, 1856. Albert Kleinschmidt and
Henry Klein we're interested in n contract
for the oonstruc ton OF tho Helena, Boul-
der Valley Il Butte railway. Each had a
sixth interest in the contract. On Dec. 3.
1886. Kleinschmidt and Klein sold to j. W.
Buskett one-eiQht interest of the net prof.
its to be realized by them fiom the
contract. For this one-ciphth interest
Buskett delivered to them 1000 shares of
stock in the Boulder Mining and Reduction
company. The stock was delivered by
Buskett to Kleinschmidt and Klein. On
Al ril %. 1887. Buskett transferred to T.. II.
Kleinschmidt his interest in the contract.
On Oct. 22, 1888, the profits were paid to
l.. II. Kleinsohmidt and Henry Klein, and
sum of 81, 997.9 81. The plaintiff sued Albert
Kleinschmidt for an equal amount. which
he has not paid to plaintiff. The conten-
ton was that the defendant after making
the agreement transfe ring the one
eighth from Albert Kleinschmidt to
Bnskett another transaction took
place, which was that Buskett requested
the loan of 81, $50 from the defendant. AL
bert Klslnschmidt, to purchase more stock
in the Boulder Mining and Reduction com
pany; that Albert Kleinschmidt advanced
the money to Buskett. who agreed with
| Kleinschmidt that KleinschInidt should re.
tain out of Buskett's share of the net profits
from the railroad oootract enough of the
profits TO pay Kieinschmidt the advance of
$3.50 with intel est at II per cent per
annum. and that Buskett by pothecatei the
stock, 80 purchased, to Albert Kleinschmidt
as additional security for the payment of
the $3.50.
The defendant claimed that Buskett's
share of the profits in the contract was
81, 947. 76. which Albert Klcinschmidt re-
tanned and still retains for the pu pose OF
paying the obligation of S1,350 with inter
eat. The plaintiff filed a reply stating that
the $3.50 was not upon an open account.
but upon a promisaory note. The lower
court refused to al DIV the defendant to
prove whether the indebtedness of Buskett
to Albert Kleinschmidt had been paid and
a motion for a now ial by the defendant
WAS owe ruled. The Judgment and order
denying . new trial is reversed.
In the ease of Clarence +. Hopkins w.
+. A. White ct al to recover damages fol
alleged wrongful attachments of his
goods in a TO mer suit, the Judgment wal
reversed with direction to overdue the de-
murrer and allow the plaintiff to proceed
Opinion by Justice HARDWOOD.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31

Samuel X. Davis-special.
INVESTMENT STOCKS.
Poormau Occur d'Alene)-1,0 900 shares,
safe.
Bald Butte-2,0W shares. The best
gold mine so far developed in Montana.
safe.
lron Mountain-On the present equip
ment, development, amount of ore in
sight, output, etc, and present price of
stock. II will pay a better p rceutage than
any stock in the market; 1915 per cent for
1892, with II fax probability OF u large in
crease in 1893.
Benton group CNeihart Tho Int devel-
opmsnt of rich ore i'll this phenomenal
NINE has caused the withdraw Il OF most of
the stock in my hands; LOO shares for im.
meiiate sale is all at the present figure.
Wnitlach Union-The present st tus Of
the mine and company OF this coming great
gold niue guarantees the stock a safe pur-
chase. A few lots offered in which you can
lose no money.
26 and 27 Bailey Block.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
Tobacco Users smiio somot,m u

when told that tobacco hurts them; their
wives never do. because shattered nerves,
weak eyes, chronic catarrh and lost man
HOOD. tells the story. Ii your husband
uses tobacco, you want him TO quit. post
Yourself about No-to-bao the wonds full,
harmless. guaranteed tobacco-habit cure,
by sending for our little book titled,
"Dou't Tobacco Spit and smoke You Life
Awav." mailed free. ID uR stores generally
sell No-to-bsc, The Sterling Remedy Co.,
Indiana Mineral Springs. Indiana.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
News.

Upon the recent death of an emf
nent English divine at Cannes, the
following bulletin was placed by
the family upon the door Of his
late residence:
CDR. j departed this life for
heaven at II o'clock a. M"
Some passing wag, possessed of
moro drollery than reverence,
placed beneath the notice a tele-
graph blank filled out in the fol-
lowing manner:
"Heaven, ~ m.-Dr. j not yet
arrived. Great uneasiness.
"PETER."
We know that our line OF
Brushes, Soaps and Sponges is the
best in the city. Call and find out
Tor yourselves.
povp+a- Nr,,~ Co
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31

Judgments for the plaintiffs were rem
dered yeste day in the district court in the
following cases: M. M. Coad vs. H.. Il.
Brunnell, 81, 1876. 30; A. NJ. Hotter vs.. A. T.
Newhury, $l26. 10.
Robert Williams was found guilty on Sat-
urday OF forging an order on a saloon for
$40, and was sentenced for one year yester-
day by Judge DnBose.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
With Eleven Jurors.

The attorneys in the case Of the Mer-
chants National bank vs.. Max Kahn, as
signee of GREENWOOD. Bohm & Co., have
agl eed to continue the trial OF the case
with eleven Jurors, a condition brought
about by the death OF Hen Y M. Brande-
gee. Mr.. BONN was on the stand yestsr-
day testifyinR as to the business of the ii III.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
Great sacrifice In the Grocery Line.

UT"N0 :" "V TIT ~ "'VV"'E THU
Don't forget that the stock of groceries,
corner Sixth avenue and Warren street, ia
only about one-third gone. This stock is
complete in all lines. an it must be closed
ont in the next two wseka regardless OF
cost. Families and restaurant keepers
should not let this opportunity pass. Bring
a list of what you want aud 70 will make
prices to suit you.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31

Mount Helena Lodge, No. I'D. of ii.
Will meet in special session Jan. 81. at 10
a. m. share to a range fo- the funeral of
late MIR. Gehlhaus. All members are
requested to be present.
Mrs. MARY M. LKLUND, Chief of Honor,
CLAUDE M. MORTON, Recordef,
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
A Card.

We beg to announce that we have rein
guished our retail trade and in future will
devote our entire attention to the iobbing
OF + uits. nuts. candies and produce of all
kinds. Our Office and warehouses are To-
Gated on the Montana Central rail Dad
tracks nenr the Steamboat block.
In making this announcement We take
occasion to thank the public OF Helena who
have so literally patronized us in our TO-
tai business in tho past ten years.
LINDSAY & Co.
Telephone No. 10.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
Notice.

All members of Naomi lodge No. l, D. of
r., are equested to assemble at l. o. 0. +.
hall to-day at l:3O p. m.. for the purpose of
attending the funeral of our late b other.
VIM. Gehihaus.
Mrs. ALICE BUTLER. N, G.
Lou STANcHFIELD. kec. Sec.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
Odd Fellows Attention

All Odd Fellows of Helena are requested
to attend the funeral of our late brother,
VIM. Gehlhaus. the funeral to take place
from the hill 81 two O'Clock p. m. sharp.
j. 4. BRowNsoN, N. G.
EMIL KLudE, Secretary.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
Sam ust X. Davis-special.

weeping reductions in all dress goods st I he
Bee live this week. See adv.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31

In comparison with the ,lossAl clearing sale
at tn DIS Bros. all other sa.es will sink into in
signihcanoe.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31
Legal blanks ut this Office.

Trail Creek and Pennsylvania hard coal. and
also wood for sale by the Montana Lumber and
Manufacturing company.
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31

Corsets! Corsets! tor,ets! Large now line of
corsels Just rece. we'd at butcher & Dradley's in
BLACK ana colors, 6Uc and upward,
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-01-31

Telephone No. 10.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
ROBBERS AT ROCHEPORT.
A Successful Raid Followed by
the Arrest of Some
of the Suspected
Parties.

HubbelPs dry goods store and White
& Cheeseman's saloon at Rocheport,
Boone county, were burglarized Sun
day night. Five kegs of beer, 30
bottles of liquor, 1900 cigars and SIS
in money were taken from the saloon.
The amount of clothing and dry goods
taken from Hubbells is not We:
known. Marshal Gresham made a
raid on a house yesterday afternoon
at which two strangers had been stop
ping and found full set of burglars
tools, two large-sized Smith 4 Wesson
revOlvers, two belts flied with cart
ridges, one keg OF powder, FIVE
sticks of dynamite and several
yards of fuse. He also recovered
about one-half of the stolen
liquor and cigars. Joe Potter, who
occupied the building. has been placed
under arrest. He has furnished in
formation duplicating five other men.
Frank Huffman Of Cooper county,
who is thought to be the leader of the
gang, is also under arrest. The citi-
zens are now in pursuit of the other
parties. The men implicated are
evidently desperate criminals and were
planning to rob the Rocheport bank
and the safes of the business houses.
One of the pals had been sent to
Columbia, where the next raid was to
be made.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
LAMONTE.

Miss Flora OBrieh of Sedalia il
the proprietress of a well stocked
millinery store and is doing good
business.
The candidates for postmaster OF
this place are agitating a primary
election to settle the contest as to who
shall receive the appointment.
John Fitzgerald tried the county
court this week for a license to run a
dram shop in this place. The license
was denied because there was not
enough names to the petition.
e. c. Gibson has a training track
adjacent to town on which horses are
trained for speed. Every Tuesday
and Friday races are had that locally
attract considerable attention.
Esquire E. Y. Evans makes an
open prediction that Bell Hutchinson
Of Sedalia will be the next postmaster
at that place. When the crisis comes
all can see how near Mr.. Evans is
correct.
In early days this place was
called Boomer" and Col. F. w.
Hickox, now of Medicine Lodge,
Kansas, was its father and mother
Terry 4 Flemming are preparing
to erect two brick buildings this sum-
mer. The brick and some other
material is on the ground ready. The
roads are so bad that the stone for
the foundation can not be hauled at
present.
Brown & Schultz are still in hope
that the thief or thieves who robbed
them recently will be apprehended.
The sky is quite clear at present, but
that does not weaken their faith that
the guilty will come to grief sooner or
later.
.-P. P. McCune, Esq, an old
AYERS that he has been
robbed seven times that he has knOwl-
edge Of and the number OF times he
has been raided without knowing it he
don't pretend to estimate. He was
doing business in Dresden in 1876.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
TRAIN ROBBER WILSON.
He is Now in Jail at St. Louis
Detective lally.

ST. LOUIS, June Strain Robber
Sam Wilson was returned to this city
Wednesday morning and locked up in
Jail for >afekeeping. Tuesday Sheriff
Wan. NJ. Levy and Detective Allen
der took him to Union, the seat of
Franklin county. Upon arrival there
Justice John Miller consented to open
the court, and before him Wilson
waived preliminary examination and
was held 10 the grand jury. The
prisoner is practically innocent of all
knowledge Of lega! crimina! methods,
and male all appeal II the justice to
he allowed at once to plead guilty and
be sent to the peniteniiary.
The case will be disposed of Us rap
idly Us possible. At the request of
Attorney ki>ca,l,len OF Franklin coun-
iv, Judge Herzel it Is said has con-
serted 10 summon a special sitting of
the grand jury, by whom Wilson will
be indicted. Sheriff Perry believes
that his prisoner would have been per-
fectly safe in the Jail at Union, since
he does not think he would make any
effort to escape. The building has.
however, been condemned by several
grand juries as unsafe, and to make
assurance doubly sure 1t was deemed
advisable to return him to st. Louis.
Wednesday morning he was formally
transferred to the custody Of Jailer
kraemer.
Wilson is very much interested in
earning of the whereabouts of Detec-
tive Lallv, who. he claims is stj look
ing for the train robber, He has a
novel theory to account for the belief.
He claims that Lally refuses to believe
that he is the Wilson who held up the
train, but thinks that he is a tramp,
who has been hired by old man Will
son to personate his son. thus giving
the latter, the real robber, a chance
to escape. Lally he says is still beat
ing the bush for a fierce looking man,
with a SLOUGH hat and a heavy black
which he thinks is the dis
cription of the real Wilson, the man
who held up the train.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13

Nothing Of original or superior merit but has its
limitations and counterfeits, even to impcriiine
the health OF communities. For this reason the
proprietors Il Hostetters Stomach Bitters caution
their patrons to scrutinize every bottle offered land
it is sold ONLY in bottles and verify its marks OF
genaineness.
can be found In the unbroken line Of judicial de-
cisions, exposing and severely Furnishing every one
detected in counterfeiting the Bitters, and the
rdoubled en,rts that are being made to protect
the public from the deception Of these unprincipled
pirates.
Remember the Bitters Is sold ia bodies only,
by the gallon IN bKik.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
lG;2|
This is the Bazoo---Priee Ten Cent?
Direction for Using, Etc.

This wonderful musicale instrument, for
the people now on earth, initiates bird or
animal. With it you can play or sing any
tune. Il requires no instruction to use II.
Let one play . lively tune on . violin.
BAzoo, piano or organ, and one or two
others drone an accompaniment with the
BAzoo and You have good bagpipe. You
can initiate "Punch and Judy" to peTfec-
ton BY speaking in shrill voice. Do not
blow into the BAzoo; but sing. speak o.
make some noise, - the cut-cua-cut-ca-da-
cut Of hen, the crow Of . rooster, the cav
of q crow, the moo Of . crow and hundreds
of other noises. II the BA1o0 does not
work properly, place the lips over the four
holes in the tin and draw the breath IN and
ont few times. Many limitations can b
made better BY speaking through The three
round holes in the wood, OF covering three
holes in the tin with The lips. leaving IL
fourth uncovered. A quaEtette Or ehoguo
singing through the BA5oo viii bring down
the hosse with great applause and invszr
ably receive repeated encores. Buy four
RA1oo's organize quaEtette and Try Il. II
furnishes good dancing music to excursions
picnics, etc,
The music produced i NV and takins.
etrine and bras orchsstEas find tie BA3oo
. vesy important addition. Ths BA1oo
sells rsadily in stores, sazsst and nswneandaL
st fairs, racss, pleasure EssoFtA Ae PkieA
~, By nail lie AddIsa
J. WET GOODWIN,
6s1ali. NJ
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
Mad Dogs.

The Springfield Democrat of Satur.
day says OF mad dogs in that vicinity :
u. A. Votaw, who lives a mile
east of Ritter, a flag station on the
Bolivar branch of the Frisco, five
miles northwest of the city, was in
town yesterday. 1t was learned from
him that his Oldest daughter. age Is
years, has probably had a narrow es-
cape from death by hydrophobia.
Last Tuesday Mr.. Votaw, before CON-
ing to Springfield to attend the deco
ration exercises, tied his dog under
the house, having noticed that it be.
haved queerly and fearing that it
might possibly have hydrophObia. Dur
ing his absence his daughter, in pass
ing the dog, patted it on the head in a
friendly manner, when the animal
snapped viciously at her hand, max
ing only slight scratch. The next
day Mr.. Votaw, fearing that some
harm might come from the bite,
brought his daughter to Springfield
and had a mad stone applied to the
wound by Mrs Fisher, who resides at
the corner of Atlantic and jefferson
streets. The stone adhered three
hours. Yesterday the stone was
again APPLIED and it adhered to the
wound. This is considered sufficient
proof that the dog was afflicted with
hydrophobia.
The dog was killed. but Mr.. Votaw
says he has reason to believe there
are two more rabid CANNES in that
section, and he thinks people had bet
ter be on their guard"
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
THAT "eAcKwATeR" RAILROAD.

o where's that railroad from the south
That was so soon to be
Its praise in everybOdy's mouth
Has it gang aft aglee ?"
And where's that great big dazzling boom
That it was sure to bring
Has it gone like the flowers that bloom
And perish in the spring?
1t seemed the scheme was sure, you know,
And hope and faith were deep;
But money makes the mare 60,
And talk is very cheap.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
Abraham Lincoln

When leaving his home at Springfield, ILL.,.
TO be inaugurated president of the United
States, made a farewell address to his old
friends and neighbors, in which he said.
'NEIGHBORs GIVE YOUR EoYs A CHANCE"
These wopis come with as much force
to-day rs they did thirty years ago.
How give them this chance:
Up in the Northwest is a great empire
waiting for young, and sturdy fellows to
come and develop it and grow up with
the country" All over this broad land
are the young fellows, the bows that Lin
coin referred to, seeking to better their con-
dition and get on in life.
Here is their chance!
The country referred to lies along the
Northern Pacific X. r. Here YOU can find
pretty much anything Won want. In Min
nesota, and in the Red River Valley of
North Dakota, the finest of prairie lands
fitted for wheat and grain, or as we'll for
diversified farming. In Western North
Dakota and Montana, are stock ranges
limitiess in extent, clothed with the most
nutritious of grasses.
If fruit farming region is wanted there
is the whole state Of Washington to select
from.
rs Aoi H$VhAS uCiiSHtS tic ANOItHtTu Ta-
cifc Railroad passes through a country
unparalleled. In crossing the Rocky, Bit
ter Root, and Cascade Mountains, the
greatest mountain scenery to be seen in the
United States from car windows is found.
The wonderful bad lands. wonderful in
graceful form and glowing color. are a
poem. Lakes Pend d'OreilIe and Occur
d'Alene, are alone worthy of a trans-conti-
mental trip, while they are the fsherman's
Ultima Thule. The ride along Clark's
Fork of the Columbia River is daylight
dream. To cap the climax this is the only
way to reach the far famed Yellowstone
Park.
To reach and see all this the Northern
Pacific Railroad furnishes trains and serv-
ice OF unsurpassed excellence. The most
approved and comfortable Palace Sleeping
cars the hest Dining cars that can be
made; Pullman Tourist cars good for both
first and second class passengers; easy
riding day coaches, with Baggage, Ex-
press, and Postal cars all drawn by power
full Baldwin Locomotives, make train fit
for royalty itself.
Those seeking for new homes should take
this train and go and spy out the land.
To be prepared, write to
CHAS. S. FEE,
G. 2. Il T. A.,
ST. PAUL. MINI.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
Newspaper Change.

Yesterday afternoon, Lucien B.
Wright, editor and publisher of the
Boonville Star, bought the Cooper
County Democrat, of which the late
Thomas H. Frame was editor, and
the paper will hereafter be published
as the Cooper County Democrat. 1t
will be, in politics, strictly and strongly
democratic.
Mr.. Wright is one Of the really
bright young newspaper men Of the
state, and The BAzOO congratulates
him VI bn securing the Demoerd,
which, under his able and brilliant ed
itorial control, will be made influential
in Central Missouri journalism.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
THE RILEY ESTATE.
Mrs. Lottie e. Hayes Of Kansas
City Brings Suit Against
John A. Riley.

Mrs. Lottie E. Hayes, wife of
Frank Hayes. of the Virgins Com
mission company of Kansas City, late
Saturday afternoon brought suit
against her brother, John A. Riley,
executor of her fathers estate, asking
for an accounting and the appoint.
ment of a receiver to take charge of
the estate. The suit involves property
in Kansas City and Sedalia worth
more than 100000. 1t was acquired
by William B. Riley, a well-known
speculator, who died in 1891. He
left his estate to his widow and three
children, Lottie, Hattie and John A.
Riley of Sedalia. The last named was
made executor without bond, and it is
charged that he conducted the affairs
of the estate with the widest wreck
lessness. 1t is alleged that he has
Incorporated the rents and profits,
ranging from Sc, 900 to SO, 900 a year
and that he has made unauthorized
investments. His health it is stated
has become shattered through fast
living, and it is alleged that he is
altogether an unfit person to handle
the property. 1t is asked that the
estate be divided among heirs, that
Mr.. Riley render his sisters an ac-
counting, and that a receiver be ap-
pointed to take charge of the rents
and profits. Part Of the estate is
the Hotel Riley in Sedalia, and row
of flats at the corner Of Sixth and
Holmes streets, in Kansas City.
George F. Longan, ESQ.,, of this
city, Mr.. Riley's attorney. was seen by
a BAzoO representative this morning.
He says that the court records fatty
disprove the foregoing allegations,
that Mr.. Riley has properly and hon
estly conducted the duties devolving
upon him as an executor and that
every dollar of the estate involved can
be satisfactorily accounted for. 1t is
another one of those unfortunate fam
lily misunderstanding peculiar to the
disposal of large amount Of property. |
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
Married,

In Lexington, No., June 5th., at
the home Of Mr.. Henry Winkler,
Albert Aufderheide, of st. Louis,
and Miss Annie Holmes of Lexington.
The bridal party passed through this
city this morning en- route to st. Louis
where they will make their future
home. They received a hearty well
come by their Sedalia friends at the
union depot.
The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1893-06-13
Wants to be Superintendent.

Parson P. H. Trone, of Clinton,
was IN the city to-day, en- route to
Higginsville to attend the dedication
of the Confederate home. Captain
Mark Belt has handed in his resigna-
ton as superintendent of the instr
tuition, and there are several appli-
cants who wish t. fill the vacancy.
Among them is Mr.. Trone. His ap-
pointment would please great many
people in Missouri. Mr.. Trone was .
gallant soldier in Prices army and ls
a fine Christian gentleman. His selec-
ton would be an admirable one in
every respect.