davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29

presents novel and Interesting ques-
ton, and l have great doubt about
the power of the circuit court
to grant it, | am willing to
concede for the sake of the argument,
that there is power in this court to
grant it in the proper case. There GER
talnly is no Inherent power in the court
to do so, and the power is not given by
express terms by any statute of the
United States. Yet the 716th section
OF the Revised Statutes authorizes the
court to issue all common law writs
| necessary In aid of its jurisdiction. The
power would seem, therefore, given
with qualifications. 1t is claimed by
counsel that this court has the same
power as the court of kings bench of
England. Without determining that
question. | am willing to concede for the
sake Of argument that a writ of prohi-
bltlon may issue to court martial
from the circuit court of the United
States in some cases. The petitioner
asks this court to restrain the court
martial now in session from further
| proceeding with the case before it.
FIRST, for the reason that court mar
tial has no jurisdiction; second. that the
court is proceeding in excess of juris.
dlction. LII other words, that the first
charge and specification is that of mur-
DER, and that military court has no au-
thorlty to try an officer for murder in
times OF peace, excepting in cases of
mutiny.
IL cannot agree with the counsel in mis-
construction OF the first charge and
specification. The first charge is that
the accused is guilty of conduct preju-
dicial to the good order and discipline
of the army. 1t Is true the specification
state facts showing that homicide was
committed, and it is claimed that the
charge and the specification accuse him
OF murder, for which he is to be tried.
The objection. if any, Is to be made to
this specification is one rather of plead
Ing than OF jurisdiction, and the cor
rectneSs of the pleading is to be de-
termlned by the military court duly
organized to try him. On the second
point the claim made by the counsel
for the petitioner is, that the plea in
bar OF acqulttal before circuit court is
question of jurisdiction and not one
going to the merits. which are to he de-
termined and investigated by the court
martial.
ut has always been held that the plea
OF former acQuttal is one of defense,
and the jurisdiction of the court does
not depend upon the question going to
the merits. Errors of law or errors of
fact committed by court of competent
jurisdiction in the Investigation of the
controversy cannot be reviewed by
court appealed to, to employ the writ,
"Ihe writ is refused for the reason
that no sufficient cause is presented 10
the court by the petition.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
HE GOT THREE BALLS.
Frank Burchard, of Huron, Fata
ly Wounded by His Wife.

Frank Burchard, of Huron, Fatal
Iy Wounded by His Wife.
Special to the Globe.
HURON, S. D., May 2S.-A shooting
affray occurred this evening in dis
reputable resort northwest this city.
Frank Burchard and wife, managers of
the place, went home from town this
evening and got into quarrel. AS the
woman entered the house Burchard
knocked her down and began kicking
and choking her, when the inmates
lnterfered and separated them. Mrs.
Burchard ran into the bedroom, got a
revolver and fired three balls into her
husbands body. He was brought to
town, and physicians say the wounds
may prove fatal. Mrs. Burchard took
the horse and buggy and drove across
the prairie, and has not yet been ar
rested.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
DISTRICT DAY,


The House Gives Only Incidental
Attention to General Business.
WASHINGTON. May 2S.-This being
district day in the house. the Brawley
bill for the repeal of the 10 per cent tax
on state bank issues was side-tracked
temporarily. aud the few members
present gave partial attention to District
of Columbia bills.
An interesting event of the day was
reading of letter from the sons of
Louis Kossuth in reply to the letter
recently sent by Speaker Crisp under
direction of the house. The senate bill
to fix the northern boundary line of the
Warm Spring Indian reservation in
Oregon was passed, as were sundry
house bills. At o'clock the mouse ad-
jOurned.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
CLEARING THE COAL,

Enormous Demand for the Black
Diamonds at Superior.
WEST SUPERIOR. Wis, May 2S.-The
Situation in the coal business at the
head of the lake is such as was never
known before. When navigation
opened there were on the docks over
100000 tons in hard and soft coal, but
the prolonged strike in the coal district
has caused such demand for coal that
nearly all on the docks is sold. Over
BOO cars day are being sent out in all
directions, some going East and con-
siderable being shipped as far west as
Montana. All the Southwest and Vest
ern railroads are getting their supply
pf coal from the head of the lake.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Customs Ports,

WASHINGTON, May %. - Hearings
were given today by the house commit
tee on expenditures in the treasury de-
partment on the bill of Representative
Curtis. of Kansas, to abolish and consol-
idate number of customs ports. The
bill has been recommended by Secre-
tary Carlisle. The different representa-
tives argued in behalf of various ports.
Representative Stone, of kentucky, for
the port of Paducah; Grain, of Texas,
for Brazos and Corpus Christi; Rich
ardson, of Michigan. for Grand Haven;
Marsh, of Illinois. for Rock Island: !:
Hermann. Of Oregon, for Southern Or
Louisiana, for Techo and Brashear: !:
Gear, Of Iowa, for Burlington.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
WHERE is DOVE?
A South Dakota University Pro.
fesSor Is Missing.

A South Dakota University Pro.
fessor Is Missing.
CHICAGO, May 2S.-Prof. John G.
Dove, of the chair of languages and
literature in the University of South
Dakota, at VermillioD, has been missing
since May II, and President j. w.
Moud. of the university, is here search
ing for him. Prof. Dove was commits
stoned by an Eastern publisher to 20 to
Scotland on work connected with a
biography of Robert Burns. and, after
several days in Chicago, disappeared
from his hotel, leaving his baggage be-
hind. 1t is said that he drank heavily
while here.
CHICAGO. May 2s.-It has been discov-
cred that all the heavy baggage belong
ing to Prof. Dow was sent to New York
on May IT,. His vessel sailed MAY 10,
and it is believed that he is on board,
although his tickets to Glasgow are still
in Chicago
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29

New YORK. May 2s.-Claus Spreckels
has very positive views about the con-
dition of Hawaii. where his sugar plan
tations lie.
1.-The present provisional govern-
ment," he said to an Associated Press
reporter today. ''is bound to go to
smash. There has not been a revolu-
ton in the islands. but there will be
one, and no mistake. before long. The
measures by which the queen was over
thrown were revolutionary enough, but
the whole proceedings were as quiet as
district school election.
II was there at the time and witnessed
every detail. When the sailors and
marines from the Boston landed with
their superior rifles and machine guns
resistance was, on the face of things, so
useless that nothing could be done by
any party that favored the maintenance
of the throne. When the armed Amer
leans were Withdrawn the provisional
government organized an army of 800
Germans who had been employed on the
plantations at SIS month. The COM
mand is known as "Die Dreihundert."
and the troopers lie around doing moth
ing at $40 month.
81 suggested the advisability of form
ing republic in the beginning, but
they were about ready to kill me for
advancing sucn an idea. 1t was annex
alton to the United States or nothing.
Since then they have written asking me
to come over and help them organize a
republican government. l have told
them that | was through with the whole
business, and they could work out their
own salvation.
'There are 1000 voters on the islands,
and the provisional government repre- :
sents but 5000 of that number. The
natives, as mass, and large percent
age of the whites are either openly in
favor of the reIgning house or, at
all events, opposed to the pres
ent government. The natives are
not to be despised. They are
smart people, many of them highly edu-
Gated. and their representative leaders
are men of fine attainments-orator
legislators and diplomats of no mean
ability. A revolution under the cir
cumstances is unavoidable. So over
whelming and able a majority is not to
be kept down by show of force that a
little preparation could SO easily over
come.
''Ae for myself, have disposed of the
greater part OF my interest on the
islands, partly to my sons and partly to
my partners and others. l intend to so
out of business. am old enough and
have worked hard enough to have a
little rest"
Mr.. Spreckels is accompanied by his
wife and daughter They came directly
from San Francisco. "Wednesday next
the party sails on the Paris for Europe,
to be gone number of weeks.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
CHARITIES AND CORRECTIONS
Final Session Of the National
Conference at Nashville,

Final Session Of the National
Conference at Nashville.
NASHVILLE. Tenn, May 2S.-The ma
tional conference of charities and cor
rections reassembled today, and, after
prayer by Bishop Fitzgerald, the COM
mittee Oh states presented reports from
New Hampshire, New Jersey, North
Carolina. North Dakota, Ohio. Pennsyl-
vania. Rhode Island. South Carolina,
South Dakota, Tennessee, Texas. Utah,
Washington, West Virginia. Wisconsin
and Wyoming.
Mrs. Agnes l.. d'Arcambal, of Michi.
gan. read paper upon IAN Ideal Home
for Discharged Prisoners" The paper
was an exhaustive treatment of the
subject, and was we'll received and dis
cussed. Mr.. Glenn, of Maryland, spoke
of the work doue by the Prisoners Aid
Society of Baltimore.
The last session of the national con.
feren ce was held tonight.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
SettIers' Rights.

WASHINGTON. May 2S.-The honse
committee on public lands has ordered
a favorable report on the bill intro
duced by Representative Lynch, of Wis
consin. affecting settlements Oh public
lands under what is known as the stone
and timber act. The act provides that
lands should be offered at public sale,
but many entries were made in good
faith upon sections which were not so
offered. The bill is designed to give
those settlers clear title to their lands
Most of the land involved in the bill is
in Wisconsin,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
The Denver Army.

DENVER, Col, May 2S.-The local
brigadier general, b. w. Morris, says
the Denver commonweal army will not
start for Washington until $500 men are
enrolled. and it will then go straigh {
there by rail. There are now 6S2 names
on the roll. and 1t is estimated the num-
Der headed for Denver is 70o. Carter
and his 2T5 induStrials have reached
Pueblo, Ell route to Denver. The com.
monwea!erS are about to forward petit
tion to President Cleveland for the re-
lease of CoXey.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
a horse. Mrs. Charles Patnode dieu
today, and also her twin babies.
ONE MILLION
Is Awarded to Weyerhauser by
Judge Nelson.

DULUTH, Minn., May 2S.-Decisions
filed today by Judge Nelson award to
Frederick Weyerhauser and the Missis.
sippi River Logging company pine land
valued at s1.OOO,00O. The land was en-
tered with soldiers additional scrip by
L. b. Walker, attorney, in Fayette.
Walker sold to Weyerhauser and the
Mississippi River company, while the
soldiers in whose name the scrip was
issued gave quit claims to other parties.
The decisions rest upon Judge Nelson's
former finding, by which the rule of the
land department was reversed. that adj
ditional scrip entered by an attorney in
fact is legal.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
CHEERED SETTLE.
Breckinridge's Begging Mission
Coldly Received Women Ap.
DIaud Settle.

oACChiHEiuSO otSSiES MlSSIOu
Coldly Received Women Ap.
pIaud Settle.
CINCINNATI, o., May 2s.-The En-
auirer's special from Owens. Ky.. says
that W. P. Z. Breckinridge and
Evan Seattle, competitive candidates
for the Democratic nomination for
congress from the Ashland district,
spoke here this afternoon in the court
house yard. Two thousand people
were present. including delegates from
Scott, Franklin and Henry counties.
The court house was too small for the
crowd, and the speaking had to be done
outside. This is MIR. Settles own
country, and friends and enthusiasm
were all on his side. There were
Settle banners carried around the public
squares and cheers were vehement.
Settle introduced Col. Breckenridge
at 1:30. He was greeted with some
cheers His speech consumed an hour.
He said he had not come asking aims
referred to his record of ten years in
congress; suggested that it was bad
policy to swap horses while crossing a
swollen river; said the Democratic
party had the great task of tariff reform
on its. hands: that experienced Demo-
cratic legislators. are needed now to
grapple with this task. Finally he
spoke of his personal devotion to the
people of Owen county. and praised
their loyalty to Democracy, and he con-
cluded by declaring everlasting devo-
ton to his friends and defiant unfor-
getfulnesS Of his enemies.
When Evan Settle arose he was un-
able for some time to begin speaking OH
account of the prolonged applause. A
Settle banner was waved over his head
and the applause broke out again. last
ing several minutes. He spoke of his
home people; thanked them for past
honors; assured them that should he be
trusted with higher honors he would so
fill the trust as not to dishonor it. He
branched out on national political pol
itics. and proved himself no tyro, and
closed with thrilling peroration.
While he was speaking a large number
of women came to the meeting and were
quite demonstrative in their applause.
Which was frequent.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
WEARY OF THEIR UNION.
fARiE WaLSR, THE CELEBRATED
AUTH0RESS, WANTS A DIVORCE
FROM HER CHICAGO HUSBAND.
Michael Cahill Will Pass the Case
Up if He Is Not Compelled to
Pay Alimony-A Half Million
Tons of Coal Has Been Sold
From the Superior Docks
( Famine May Follow.

Special to the Globe.
SIoUN FALLS, S. D., May 2S.-The
celebrated divorce case OF Marie Walsh,
She celebrated authoress of Brooklyn,
N. Y. who has written Hazel Kirke."
"The Wife of Two Husbands" "Ro-
nance of Dry Goods Drummer" T"
Btc., against her husband. Michael Ca
aill, the publisher of the Pilot and
Home Light, two Catholic papers, of
Chicago, will be tried before Judge
Zones tomorrow. Mr.. Cahill has arrived
here, and has agreed. in consideration
that no alimony is asked, to allow the
case to go by default. He has intended
right along TO fight the case. The decree
Is asked Oh the grounds Of cruelty and
pon-support. The couple were married
four years ago at Lincoln, Neb., and
the marriage created big sensation at
The time, as they had only known each
other a few DAYS
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
DIR. Fisher Released.

Special to the Globe
SIOUX FALLS, S. D., May 2s.-Dr. A.
M. Fisher, who has ceen III Jail almost
year, and who has been tried twice
for manslaughter in the second degree
for causing the death of Miss Minnie
Olson by an abortion, was released to-
day on $500, which were furnished by
prominenf mell who did not even know
Fisher. The jury in both cases dis
agreed
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
TRAINS RACAPTURED.
Released From the Blockade
Strikers Again Take Possession.

WENoNA, ILL.,. May 2S.-Three coal
trains guarded and escorted out Of
Minonk this morning by troops we're
recaptured by the strikers here few
hours after their triumphal release from
the blockade. Strikers to the number of
15O wayiaid them, and, taking possess
siol of the trains. side-tracked them.
Word was sent at once to Sheriff Lense,
at Metamora, and this evening lie
appeared on the ground. Accompanied
by deputies he went among the strikers
and tried to persuade them to abandon
their obstruction. They defantly de-
clined to do so.
After exhausting all peaceful meas
ures the sheriff sent 10 Toluca for LOO
Winchesters and 1000 rounds of ammu-
milton. With these he proposes put
ting posse in the field to capture and
release the coal trains. He has also
wired to Springfield report of the state
of affairs and requested Gov. Altgeld to
send troops to the scene Immediately.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Gladstone Imnrovea.

LONDON, May. 2s.-This was the best
day Mr.. Gladstone has had since the
operation was performed upon his eyes,
and he was permitted to read and write
for short time. Among his callers
were the Prince and Princess of Wales,
the Duke and Duchess of York, the
Duke and Duchess Of Teck, Prince and
Princess Christian and William Waldorf
AStor.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
KELLY's ARMY
Finds the Eating Good and Plenty
at St. Louis.

at st. Louis.
ST. LOUIS, Mo-, May 2S. = KelIy's
army, 1,l00 strong, arrived in St. Louis
this evening from Alton, Ill. The com.
monwealers' fleet came to anchor off
Ferry street, near the city water works.
and went ashore, where they will spend
their time in camp until the march. or
rather the sail, to Washington is again
taken up. They were welcomed by>the
local labor unions and big
crowd of people. A good supper
provided by the labor unions
of the city awaited the travellers ON
their arrival. The Kelly army, during
its sOjourn in st. Louis, will have no
reason to complain Of lack of food.
Aside from the Preparations which the
various labor organizations have made.
a local saloonkeeper has made proyis-
ion for their subsistence. When his
announcement to that effect. printed m
a morning papar here. reached the
commoDwealers at Alton, they tele-
grapbed that an immediate start for
this city would he made. s
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Doves Bullet-Proof Coat.

LONDON. May 2S.-An exhibition of
the value of the bullet-proof cuirass in
vented by Herr DOVE, the Mannheim
tailor. was given today on the grounds
OF Marlborough house before the Prince
of Wales and a select party. The
cuirass was placed upon a chestnut
horse and several shots were fired at it
with no better results than already at
tained-the bullets failing to pierce the
coat and the horse sustaining no injury.
The Prince of Wales expressed surprise
at the eIticacy,of the cuirass.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
The Duluth Bonds.

DULUTH, Mimi, May 2s. - Judge
Lewis has decided against the city in
volving the right to issue $500. 200 of
water and light bonds. The bonds
were authorized by an election in 1891.
This election the judge holds to have
been illegal. An order restraining the
mayor and city officials from executing
the bonds will be tested tomorrow
morning
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
COMBINATIONS.

WASHINGTON. May 2S.-The follow
ing confrmations were announced by
the senate today: Charles D. Walcott,
of Utica, N. Y..to be director OF geologi-
cal survey. Postmasters: Wisconsin,
G. w. N0tbohm, at Oconomowoc, P. II,
Bolger, at Waterloo. Minnesota-Har-
ris Van Blarcom, at Ely.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Sheep for CoXeyites.

GREAT FALLS. Mont, May 2S.-Two
hundred CoXeyites Of the Northwestern
industrial army division, under COM
mand Of Capt. Jumbo" Cantwell. pa
raded the streets tonight, and an i'm
mense crowd gathered at the camp
grounds to hear Cantwell speak. A
carload of sheep was contributed today
by man named Jennings.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Bridge Tolls Increased.

CINCINNATI, May 2S.-The tolls on all
the bridges across the Ohio river here
were increased today in consequence of
the decision of the United States SUI
preme court on Saturday Ill the suspen-
sion bridge case. The tolls in most
cases are twice what they were under
the law which the supreme court nulli-
fed,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Troops Needed.

WASHINGTON, May 2s. - Secretary y
Smith has forwarded to the secretary of
war the following dispatch concerning
the strike of miners in the Choctaw ma :
ton:
"South Macalester, I. T., May 2e.-
Wire from Wisdom says Gov. Jones has
wired Gen. Miles that troops unneces.
sary. This is not so. If troops do not
come there will be trouble. l have no
doubt telegram from Jones was pro-
cured by fraud. j. D. BRADFORD"
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Ramsey Exonerated.

DENVER, May 2S.-The convention OF
Railway Telegraphers after a full in,
vestigation OF the charges against
Grand Chief Ramsey has exonerated
him. Carl Smith and f. E. Gilliland, OF
Omaha. withdrew the charges made by
them. as the witnesses on whom they
depended could not 5e produced.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Conway Murder Trial.

Special to the Globe.
MANKATo. Minn., May 2s.-Judge
Severance overruled the motion to
annul the Indictment in the Conway
murder trial this afternoon. and upon
investigation finds that the Indictment
was not forged. Testimony is now be-
ing taken. The trial will likely last
several dayS,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Driving Park Leased.

Special TO the Globe.
SIOUX FALLS, s.. D.. May 2S.-The
driving park association has leased the
grounds to Ford IL Ransom for the pur.
pose OF giving two days running
meeting to take place July and 5, dur
ing the big celebration to be given here.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Jailed for a Board Bill,

Special to the Globe.
MILLER, S. D., MAY 2S.-William
Mahanna, an artesian we'll contractor
of note, was today sent to jail for ten
days for his failure to pay board bill,
being the first conviction of the kind in
the state under the new law.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Gets the Best.

CHICAGO, May 2s. -.fhe Leavenworth
Times. one of the Oldest newspapers in
the state of Kansas, tonight abandoned
the United Press and began the leased
wire news service OF the Associated
Press,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Walked From His Window.

Special to the Globe
AITKIN, Mimi. May 2S.-Martin
Thanem. confirmed somnambulist,
walked or fell out of his bedroom WIN
dow here last night. falling thirty feet
10 the ground. He escaped with a
broken arm and some minor bruises,
and is doing we'll
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
Board ofUnderwriters.

Special to the Globe
SIOUX FALLS, S. d., May 2s.-A
meeting has been called by the general
agents of the life insurance companies
located here for the purpose of organ
lZing state board of underwriters.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-29
LOADED WITH DYNAMITE.
CRIPPLE MINES FULL or THE DEADLY
POWDER.


So That Terrific Explosion
Woud Have Followed the En-
trance of Miners Into the
Shafts An Attempt at Arbitra-
tion Proves to Be Futile-Only
Union Men Can Work.
DENVER, Col. May 2s.-Information
has been received from Cripple Creek
that even had the strikers been driven
from the camp the men who took their
places in the mine would be in I'M
minent peril. Every mine in which
there has been trouble is ''loaded."
Large quantities of dynamits have been
stored in the shafts back of timbering
by the strikers, and hidden wires were
attached in such a manner that they
can be exploded and every person in
the mines instantly killed. while the
men who start the battery remain out
of sight.