davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
Secretary Osborn IS Granted a
New Hearing
BY the Supreme Court Judges
Today,
IN THE LIBEL SUIT
Reason. Error in Judge Hazen 5
Instructions

The supreme court today decided the
famous libel case ia which Secretary Of
State Osborn was found guilty in the
shawnee county district court Of crimi-
nal libel for some statements he made
in an interview with "a STATE JOURNAL
reporter relative To the character Of Cy-
rus Leland ir. now chairman of the Re
publican state central committee and
candidate for United states senator
The decision of the Shawnee county
district court is reversed and Secretary
Osborn is given "A new trial on account Of
d technical error of Judge Hazen in in-
structing the jury, q majority Of the
court holding that the jury Was not suffi-
ciently instructed in view of the evidence
0f Secretary Osborn that he did not fur
nish the statement for publication or
wish or intend that it should be pub
lished
All the members Of the court held that
the information was sufficient to sustain
conviction, and the evidence introduced
On the part of the state warranted the
conviction 81 the defendant.
Justice Johnston. who prepared the
opinion. ruled that the instructions were
sufficient aud she conviction of Osborn
ought 10 be affirmed.
Chief Justice Horton and Justice Allen
ruled that while there was sufficient evil
Gence to convict vet that the Jury
DeAnL the Judges DL me CEtulDlllty OF
the witnesses the court ought to have in
structed more fully in the line of Secre-
tary Osborn's TESTIMONY
In giving his Instructions to the Jury
Judge Hazen said: "If the defendant
furnished his statement for publication.
Or furnished 10 know ing il would be pub
lished in the paper, then he is guilty as
charged"
AIT Of the Judges agreed that was all
right and Judge Johnston ruled that it
was sufficient, but Justices Horton and
Allen ruled that having given that in
struction he should not nave refused to
give the following instruction:
The mere fact of communicating a
statement to person known to be a re-
porter for newspaper, unac-
companied by request 60 re-
duce the same 10 writing or
10 publish the same. is not sufficient
itself to Justify the jury in arriving at
the conclusion that the defendant either
wrote or caused to be written or pub
lished the article"
It is because this last instruction was
mot given that Secretary Of State Osborn
Will have a new trial
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
MISS GING's MURDERER.
The Police Are sure They Have Him in
Custody

The Police Are Sure They Have Him in
Custody
MINNEAPoLIs, Dec. S.-Adry Hayward
mas made a confession. Harry T. Hay
ward planned the murder Of Miss Cath
crime Cling and C. A. Blixt, engineer Of
the Ozark fats, committed the bloody
deed. That, al least, is the theory of the
police. Blixt was arrested early this
morning and locked up in the central
station.
The officers themselves are not entire
" satisfied just how the murder was
committed. They are, however. satisfied
that they have the right parties in Gus
tOdy.
None of the officers would state this
morning their theory to how Miss
Cling was induced to take a carriage ride
with man so low down the social scale
as Blixt. They did not even attempt to
explain how it was that she had taken
three rides
Adry HAyward's confession is only as
to the events preceding the murder.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
SENSATIONAL CHARGES.
Papers Filed to DIsbar County At
torney E8oone at wichita

torney Boone at Wichita
WIcnITA, kas.. Dec, S-This morning
Attorney w. J. SHELTON filed papers in
the district court to disbar County AttOr-
ney Willard Boone Skelton alleges that
Boone has been systematically filing
suits against liquor men and then
settling cases out of court. afterwards
Q. KS bills and makes the county pay
costs
He recites the fact that while drunk
one Sunday afternoon. Boone forced the
liquor man to open his place in defiance
OF police orders to keep il closed. aud
then dehed officers to arrest him. City
Detective Woods struck the county at
torney and threw him out of the house
into a gutter. Cases brought In justice
courts were settled before they could be
appealed, and Boone is alleged 10 have
pOcketed the money thus raised.
Gamblers and saloon keepers. ii is
said, have had to put up for his drunks
and excursions to other places under
threats Of prosecution If they refused to
do 50. The paper is very sensational
throughout Yesterday Boone met Skel-
ton by appointment and thrashed
him. The affair has created the biggest
sensation Of the year.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

THINNING ABOUT ACTING.
KoIbites stin Talking About Going TO DO
something

MONTGOMERY. Ala, Dec S.-A secret
caucus Of kolb's friends here last night
was attended by nearly all the Popu-
list leaders in the state. Some
of KOlb's adherents wanted to
preciPitate matters and seat
Kolb as governor but this was strongly
opposed Finally the following com
promise resolution was adopted, and it
may be taken as the sense Of the meet
ing:
Resolved, That We act inside Of
the law until the present
session of the legislature closes,
and if fair election law is passed as
we'll fair contest law. by which the
last state election can be fairly contested.
that we will stand By the result in the
contest. but il the legislature shall
fail or refuse to pass the two
acts above referred to, or shall
pass any oppressive laws. then we
shall call upOn the chairman of our state
executive committee to call a state con-
venfion to consider the situation and
adopt some line of action By which we
shall have our rights
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

The California Irrepressible say. Hen
do It A.Eain.

SAcRAMENr0. Cal. Dec. S. General
Charles Kelly. who led 4 band Of indua-
trials fr0Ta California 10 Washington last
spring. Is organizing another army. He
has written letter 10 the mayor Of Sac
ramento assuring him his army does not
intend 70 move upon the state capital
ne only place we intend 70 move
upon, said he, twill be Gr0versviIle at
M Ashlngton. and BY an that is good and
Aoly we intend 70 be ia Washington
again. TO keep on camping and marching
until we have a bill passed by congress
70 provide work for unemployed Ameri-
can citlzensn
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

Cne-Third More Coal Thau Usual Used at
the Insane Asylum

Warden Dick Chase Of the state peni-
Tertiary, who furnishes coal for all the
state institutions, thinks there must be a
big leak at the Topeka insane asylum
and lie was here today 70 see Governor
Lewelling a bout il.
Warden Chase says that during the
last two months. October and Novem Der,
he shipped forty three Car loads Of coal
to the Topeka asylum and still the man
ayers OF affairs at the asylum have been
CRYING for more coal Io STATE
Journal reporter he said.
''We have been having unusually large
orders from the asylum and I don't I'M
derstand it. A few days ago recei wed
telegram from Steward Butler
ordering twenty car loads of coal at once
We sent him all we could and shipped
part Of if over the Santa Fe and part
over the Union Pacific TO avoid delay.
"A few davs after we made this ship
ment | was called up to the telephone by
Governor Lewelling, who SAID they were
suffering for coal out at the asylum. and
/ plainly told him about the enormous
amout Of coal we have been shipping
that institution"
There must be a leak out there as we
have shipped them one third more coal
during the last two months than was ever
shipped to that institution during any
corresponding months. and we have had
no cold weather either Steward Butler
says it takes one car load a day TO supply
the Institution. but if it takes
that much to keep warm in weather like
this. they won't be able TO shovel in
enou n to keep from freezing in Janu-
ary."
Warden Chase and Governor Lewelling
were in consultation about this matter to-
day and Steward Butler has been ordered
to make out statement of the coal re-
ceived and how It was used since OctO-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
AFTER THE GAMBLERS.
A Civic Federation is Being Formed at
Pana, Illinois.

PANA, H., Dec S=The Christian
county grand jury indicted seventeen
prominent citizens of Pana for gam bling
and suddenly adjourned just as similar
cases were to be brought 10 its attention
from Taylorville and Aorrisonville
There WAS also d sensational case from
Pana about TO be sprung when that body
adjourned after being in session but
few days. The Pana gamblers will pay
a fine Of $50 each. A civic federation ia
forming and other reforms viii be agi-
tated.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

Iul' InI0lLftl|s Eject
CHICAGO, Dec. Sc hicago society. the
inner circle thereof. ID now listed ~ con-
tain $500 men. women and children.
This fact Is disclosed BY the social regis
Ger. which has just made its winter ap-
pedrance- The last pages contain the
roll of the ninety-six marriages from the
really exclusive set. the CONTRACTING mar
ties being members Of the families
named in the catalogue of the haut ton
The book itself is arristically publish
ed, with cover ia black and red III has
neventy-hve pages, giving the names,
addresses and club mem bersh hip Of the
$500 sud the tifies of the heads Of fam
Hies. ls1l I'd sons are also named
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

NEW YORK, Dec S.-The weekly bank
statement shows the following changes;
Reserve, decrease $19,3lS. $50; loans, in
crease $S.275 4OO; specie, decrease ST.
357, 600; legal tenders, decrease So, ,406, 800;
deposits, decrease SI3, ,785, 900; ;circuldtion
increase $21.I00 The banks now hold
$32, 092, $50 in excess of the require
ments Of the % per cent rule
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

The Grand jury Indicts Him on a serious
Charge.


Charge
AT. d. Hentig. man about 45 years old
and a brother of Lawyer IT. III. Hentig.
was arrested last night on two indict-
ments from the grand jury for alleged
criminal relations with Rosa Woody
aged 10, and Nellie Woody, aged T.
Hentig was arrested 1t his rooms at 1J4
Kansas avenue, by Sheriff Burdge At
noon he had been unable to give bond
and was in the county Jail. the officers
refusing 10 accept his brothers. bond for
$500 on each count
The girls in question are said to be
well known by sight TO people who are
on the streets much Henfic-s friends
claim il is "A case of blackmafL AIr. Hen
tig used to run a grocery store in the
Bennett flats. He is said to have a wife
somewhere in the east
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

SAN FRANCISCO, Dec S.-The first trial
IN this city Of anti-toxine cure for Group
and diphtheria. is in progress and the
results thus far encourage hope of the
success of the new remedy. Hypodermic
injections on a child produced a remark
able change in its conditicn, but DR.
Decorval says it viii be necessary to
wait the normal period to complete the
armament cs4ra
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

Two prisoners pleaded guilty IL bur
\ larry TO-DAY ln the district court. VIII
nam Halford who attempted 70 rob a
mousse IN SILVER Lake vas sentenced to
gree. John Hogan who robbad ~
house OF colored man in North TopeLs
ana was canght and held until mor6in0
resolved e sentence Of eight years. =
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

WASHINGTON, Dec. S.-InformatiOn has
reached here that the Chinese govern
ment viii appoint an am bassador to pro
coed to Japan to treat for peace. 1t is
expected that Count Ito and in all prob
ability Mr.. Matsu, the japanese minister
Of foreign affairs, will represent the
Japanese government in the negotiations.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

NEW HAVEN, Conn, Dec S-Ihe ale
chess tournament closed tonight The
ch .mpions are S. E. Skinner Of Ottawa,
Kansas. and Arthur Bumstead Of At
lanta, Ca They will represent Yale in
the intercollegiate chess tournament in
New York city during the Christmas va
cation
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
BALLINGT'N BOOTH BETTER
Hope Is Entertained That the COM
naander May Recover

naantler May Recover
CHICAGO. Dec S Commander BaIiinR-
ton Booth, who has been suffering for
the last fortnight from nervous prostra-
ton. caused by oyerwOrk, is now conva-
lescent-
Efficient nursing and tender care at
the home Of Brigadfer Fielding. have
caused the rapid changes for the better.
The news was received with exultant
gladness at the Princess rink. where
prayers for his recovery have been Of
fered during his Illness.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
ASK ITS SUPPRESSION.

Tvventy-Nine People Sign "A Petition
Against a DIsorderIy House
The city clerk has received a petition
containing twenty nine names of people
who live on Jackson street. asking that
some action be taken to abolish an al
legged disorderly house at 21O Jackson
street
Neither the mayor nor council can do
anything in the matter. II belongs to
the police. but the police have con
frmed habit OF overlooking these houses.
and the people hoped the council might
do something 20 rid them of the dIsrep-
utable place
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

The supreme court today gave its de-
cision granting 2 temporary restraining
o-der TO restrain the regents of the state
university from collecting the law library
and labratory fees from students of that
institution until the case is heard on its
merits by the court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

WAsHTNGTON, Dec. 81 ne pension
bureau will hereafter refuse pensions to
widows whose income from other sources,
added to the proceeds of reasonable effort
on their part, affords them comfortable
support I his policy IS provided for IN
a ruling Of Assistant Secretary Reynolds
based On the June ". 1890. act.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

SPRINGFIELD. Ill. Dec. S-Governor
AltgeId has gone to Hot Springs. Ark.
for his health. The lieutenant governor
is in California. This makes CLAYTON E.
Crafts, speaker of the house. governor
pro tenn Crafts is at Austin Cook coun-
ty, and unaware Of his Importance.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

SPRINGFIELD. ILL.,. Dec. S-Governor
Altgeld has been looking and feeling
bad Tor several days and last night left
for Hot Springs Ark, accompanied by
Ars- Altgeld They will be gone for an
indefinite time. the governor not hav-
ing decided the length of their stay
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08

KANSAS CITY. Dec 6.-Philip Martin,
the murderer Of Eli Stillwsl on July
last, who was to have been hanged De-
cember IS. has been respi.ed BY Cover
nor Stone until January IS.
Ground Broken FOR Kerke~ Telescope
CHICAGO, Dec. 8.-Ground has been
broken at Lake Geneva, Wis, for the
erection Of the Yerkes telescope. The
altitude Of the site is 700 feet above the
sea and $50 feet above Lake Michigan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-08
Will LIsTEN TO ALI.
Finance Committee VIII Listen to Finnn
cial Views Of ali Sections,

Finance Committee VIII Listen to F'innn-
cial Views Of ali Sections,
WAsHINGrON Dec. S.-Care is being
taken 10 have All sections Of the country
heard from before the house banking
and currency committee meets next
week, concerning the proposed cur
rency system. Chairman Springer is
not contning his invitations TO
Chicago. ST. Louis, Cincinnati as repre-
sentative western cities, and to n ash
vile. Tenn., and other southern cities.
lie would 60 as far as Denver and San
Francisco if people in these sections
could but get here in time for the hear
ing.
Care is also being taken to secure only
those recognized as authorities in prac-
teal financierine- such men as Lyman
J. Gage of Chicago being among those
invited.
The hearing of Secretary Carlisle and
Comptroller Eckels on Monday is attract
ing much attention, and there promises
TO be such d crowd present that the large
room Of the ways and means committee
will be used. Tn Tuesday ex- ComptrOl-
Ter Hepburn and Nir. Horace White Of
New Ork viii have opportunity ~
be heard on the merits of the so-called
"Baltimore plan" 1t is understood by
the committee that MIR. Hepburn is the
original protector of this plan.
MEANS GOvERNMENT OwNERsHIP.
If Congress Doesn't Act on Pacific Enil-
road eases That fs Sure.
WAsHINGToN, Dec Representative
Mcclure OF California will make Wig
orous opposition TO the effort to take up
the Pacific railroad funding bill. He viii
also contest the measure on the floor IL
Chairman Reilly succeeds in having
Speaker Crisp fix a time for the bill be-
fore the holidays.
s.The main object of the pending bill
is that it extends for fifty years the abso-
lutte dominion Of the Pacific roads over
the traffice Of the great west" he said.
Mr. Mcclure was asked what the effect
would be if congress did not act; whether
the Pacific roads would not lapse into
government control
"Undoubtedly they will." said he, 'aud
it would be a practical realization Of the
government ownership Of railways Ak
would not be necessary for the govern
ment to operate them, however, unless
the private interests refused to carry
them on"
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-05-18

While Ar. T. J.. Richey, OF Altoona,
Mo, was travelling in Kansas he was
taken violently i'll with cholera morbus.
lie called at q drug store to get some
medicine md the druggist recommend
cd Chamberlain's Collie, Cholera and
DlarrhG Remedy so highly he concluded
to try il. Tho result was immediate re-
lioi, and n few doses cured him com.
plctcly. 1t is made Tor bowel complaint
ana nothing else. 1t never fails. For
sale by Charles E. Goeize, Will W. Ir.
win, Chris. +. Schnepf. Charles Monke.
meller. William Z. Williams. S. L. Drico,
A. L. Scheelc, Will Menkcmollor, Johu
Coleman. Richards & McElroy, ". II.
Hague, Wheeling; Bowie & Co., Bridge
port, and B. i. Peabody & Son, Benwood.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-05-18
A STRANGE CASE.
George Decker Nourly Lynchod
For u Seriou Of Crimes
ALLEGED NOT TO HIVE OCCURRED
The Vito and Child Thought TO unvo
Bccn Murdered by Him Twenty.
Seven Years Ago Still Livinc-A
respected l,anciicr Ia Jail Under
II Horrible Suspicion, tho Hero of n
Complicated Mystery.

CoLrsA, CAL, May l7.-Anothor chap.
ter was revealed hero to-day in ono Of
tho a%trangost storieH in tho criminal au-
mails Of California. At Yarka, George
Decker Ia in jail, charged with murder,
mud SO strong is public sentiment
against him that It has been feared he
would DO lynched. Decker. who had
been a respected rancher, and who Is
now married to his third wife, was ar
rested two weeks ago. II 10 charged
that twenty.four yoars ngo in the wilds
OF northern California no murdered his
first wiie and her little babe, Following
his arrest the bones OF q woman and
baby were dug UP on his ranch. This
nth other evidence seemed 10 substan.
tiato the charges OF murder. Then
camO stories, Of seeming good proof,
that Decker had murdered his second
wife by poisoning In order to gain her
lands, and that no had MISC poisoned
her son, her daughter and her grand
daughter, all OF whom died suddenly.
1t was when public opinion had laid
these ak murders at his door that
lynching was threatened. Secret
preparations wcrc actively begun. Now
there is good ground for tho statement
that the crime for which he is being de-
nounced by tho people OF his county
aud tho press Of tho state, and for
which no is now q prisoner. that scnsa-
tional crime OF twenty-seven years ago,
with it's dramatic and long delayed So
quel, vas move committed. Margaret
l.. Deckor, the woman who, rs has been
supposed and charged. was decoyed
into tho mountains BY her husband and
murdered, Is q live and well woman to-
day. She is living neal Willows. the
wife OF John Hamilton. To make tho
story moro complicated, it is to be
stated that Nevada Decker, the babe
supposed to have been foully done to
death with its mothor, is also among
the living and now grown to maturity,
aud is a resident OF Colusa COUNTY. be-
ing employed ut present by Mrs. II. L.
Wilson.
Granting that tho Identification OF the
somc timo Mrs. Decker and her child
ia complete enough to satisfy the Siskou
Judge that no murder has been done. it
becomes Of interest to know whose
bones wcre found among tho rocks OF
Kildecr ridge. Either the people who
testify to the fact that John Ilamilton's
wife and Mrs. Wilson's omploye are
Mrs. Decker and child are utterly mis-
taken, or George Decker is q much
wrongcd man and the victim Of circum-
stantial evidence.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-05-18

TOLEDO, O., May IA case Of small
pox developed to-day among the Sulli-
van conmonwealors.
A mar named Diertol left the camp In
Easl Toledo this morning and applied
to tho FREQ dispcnsary Of tho Toledo
medical college complaining that he
was sick. lie had a high fever and the
diagnosis is small pox. lilo lett tho dis.
pensnry before aid could BIO summoned.
He went TO begging rations of OF gro.
Gerry stores on the street. Tho authori-
ties wero notified and tho mayor gavo
tho army an hour to leave tho city. Tho
police force being sent into camp to on
force il II they fail tho militia will DO
called on to drive them out. Diertel
was sen to the pest house.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-05-18

occurrence" said he, II believe, how.
ever, that IL will bo held perfectly legal
in the civil courts, rs II IL IN tue
church."
Mrs. GcRrlty was anxious Yesterday
to have 1t announced that tho dead man
left no estate. Sh6 Gaid that while lo
earned a good salary. hd Hpcnt It us 10
rot II. and that sho had bcou ilnpcllcd
to marry him by no selfish c%onaidoru.
tions.
ut WAC only tho desire 10 havo tho
tho right to claim his body and him
buried rs my husband which made mo
marry him." sho sobbcd.
Mr.. Gearity'g body was shipped from
ToSas yesterday morning, und 10 OK.
pcctod hOrC Saturday. lIo is not known
10 have any relatives, except n sister,
living in Chicago.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-05-18

CHICAGO. May I7.-Cnttle. receipts 1900 head:
shipments 1870 head: market slow uud I1aljc
lower; prime 10 extra native stccts 81 IIui s.;
medium s. yjli o.; others 81 Ijn3 IS. Hogs, re.
ccipiS $1,000 head; shipments 1000 head; mar.
kct slow and Ice lOwer; rough heavy s; "5ni ID;
packers Qna mixed 81 7Oai Is; prime hcnvy
81 SOai 81. Sheen and lambs. receipts 1000
heud; shipments 10000 head; market SLOW and
lOHl5c lower top sheep 81 2jli 70; top lambs
81 @iai 50.
EAST Liberty, PA, May lL-Cattic, receipts
light; market steady; prime 6 i1aiG5; good 81 0ja
AS good butchers 81 IjGi n: rorGI ia, s. Ooa
so; good fa; cows and heIter5 8! aoa3 70; veal
calves s;2ja4T II. logs, receipts fair: about
seven chr loads oil sale: market Cnll and fully
10 10 ljc lower, owing TO heavy receipts at west.
crn points: best PhIladclpbias e. AlaJ p; best
Workers s. lJaj 20: common 10 fair s. OiuI 10;
stays aud rough BOWS s. OJai %. Sheep, supply
light; market steady ut unchanged prices; extra
e. +OSi TO- good Sj6ja3 ~; spring lambs 81 j0a5 IS,
CISCfS%ATi, May IT.-liogs IN light demand
and lower Mt 81 anj or; receipts 1000 head;
shipments 100 head.