davidaulloa/AmericanStories huggingface dataset:
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
THE YIGnrERs SHAKE HANDs.
Mftehsrl Retraess All the Mean rhisgs
He Has Said About Corbett-

JACKSONVILLE, Jan. 25.-The fighters
were in the court room together this even
ing, and through the efforts Of Joe Ven-
dig. the long-cherished animosity OF the
two men toward each other Was buried.
Though they had not exchanged the usual
handshake in the ring. either before or
after the battle. they cordially shook
hands in the court room. Mitchell made
q little speech, in which he acknowledged
having uttered many bitter sayings
against Corbett. but said he regretted
them, and was glad he had been whipped
by . man worthy IN every way to wear the
champions honors. There was general
applause in the room over the reconcilia.
S4Or
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
Hermi. Jones Dies Of nj, Ip,ur,e..

PORTLAND, Jan. 2a.-lSpecial. Nathan
q. Jones, the hermit, who was brutality
assaulted at his cabin In Ziontowp,
a hamlet west Of this city, last
Wednesday night by Charles Davey,
died this morning from the effects of the
beating. Davey, who was arrested the
day after the crime. has been charged with
murder and is held without bail. The cor
oner began an inquest at Ziontown this
evening
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26

Saw Francisco, Jan. oa.-Summaries

San Francisco. Jan. 2a-Summaries:
Five furlongs-Sir Reginai won. Charge
secopd, Jim II. third. Time, 1 :06l4.
Seven furlongs-Tempest won, Giee Boy
second. Joe Murphy third. Time, i:s3A.
Five furlongs-Rny Hdalgo won, Vice
roy second, Floodmoore third. Time,
1:07il.
Six and one-half furlongs-Conde won.
Blizzard second. Seville third. Time.
1:2S2.
Five furlongs-Joe won, Queen Bee sec
ond. Currency third. Time, f:o6s4.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
A rur.. for corbes, and Jackson.

Los ANGELES. Cal, jan pa number
of the weslthiest men in this city today
formed the Santa Catalina Athletic Club
and agreed to offer purse OF $35. 5000 for
fight between Corbets and Jackson. the
fight to take place on Catalina island.
which is situated twenty miles from the
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
Accused Of sAoassnr a. . sas.-.

TsAcrsos, J.a. * - tspeCsAl. - A.
Bergn. : ganeher living near CrTztal
Springs, Was arraisned here Tuesday be-
fore Justice Johnson. charged with shoot
ing a. with sasent 20 Kali an Indian sqnaw.
change o. yenas wss taken 70 Charles
tea, where las preliminary examination
sill Re held IA the near future The
SAxrgs Is beilsFe1 TO b sg1gaped I'D BIZ tie
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26

Indians 70 get revenge on Bergh fcs nsv-
ing stopped their hunting deer Win aoss
on his claim. The Indian making tns
complaint has made very serious threats
against Bergh, and il there - tns ieass
possible show he. zoo. viii feel the grasp
of the Law before the case il eoncirded.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
SULLIVAN INFECTED III.
Mitchell Too smaIl-John L. won't
Challenge Corbett

WriaISoroN, Del. Jan. 25.-John L. Sui
iiyan SAID tonight that he expected Cor
bett to win. II vas case OF good little
nan against good big man, and the big
man always wins in such case.
Nhen asked If he intended to challenge
the winner Sullivan said he had not vet
made mp his mind. as Corbett already had
a match on with Jackson: lie would wait
un''s that sas over before deciding about
CHALLENGING Cor nett
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
rHx EIamxnRs AgKKsrEp.

pstHtaases~ Proceedings uniy Fsrnaaa
1tcxs1Svgiax. Jaa. - --Afssr tie close
81 ser agsa ;ass ss CoTos;s's carriage 1as
Ees&y e. drive osF. 4sfasy sheriff gos en-
tar via sAs arsvvr zad tie ssArsianr "a.
noanesnaeas vas made kass he AEsEseAn
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
AN OPEN LETTER.
Another Victim of Disease Cured by
Electricity.

That Dr. DarTin IL effectiny some won.
derfgl cures IS fact supported oy the
strongest evidence. as the following open
letter wall show:
RAvExSA PAsE, Wash, Jan. 10, 81.
Da. nAaRTs Dear Sir--Since taxing cut
treatment with you several weeks ago
hare RAPIDLY irnpr we'd and am nearly
well Of al nay ailments that caused rne 30
much suffering and misery. should any,
ore desire living proof OF your skill refer
them 10 iae.
ELIZABETH GARDNER.
DR.. Dzrria can bs consulted free az Ho-
tel Stevens. corner Front and Marion
streets, Seattle. Wash Office hours, 10
. N. to . ?. Ta.. daily; Sundays 10 s. m.
70 . p. IN He treats all diseases Of the
Ere. Ear. Nose, Throat. Cssarrh. DssfHess
and al nervous. chronic snd private q s.
ease.. in either ser, % whatever nature, a.
the low rate Of s. per month fer each dis
ease. except IN surgical and cornpii-
Gated cases. The poor treated tree. Nos.
cases can he treated ~ hogse after one visit
30 the doctors Office Circulars and aues-
non baanks sent frea Inquiries answered.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
rutLMsN, wash. Naseh 81. -
lfewsr. a Holmss Drug "a, seaeuk

Ns~&'t " -sss-s @@&SA a. -
stewsr. a Holmes Drug "a. seae1&
Wa h:
Do Sirs-Tt gives me pleasure - 60
tks yslns OF Ncore's Eevsa "a Rsm00
Last fail 1 had jsundiee - rad thak -
friends became alarmed 81 my caadikioA
tried liver pills and aeesafed witAa11
le1snt enc bottle Of Mcofes RevoG111
and nov ! keep it constantly In sae 49,
- | end u especially valusb ~ this -
son Of The year I can only spsak = ~
hilious trouble. but for thai I hays aes4e
found anything 10 conapArs sith u Yeam
truly z. w. cRAA
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26
MOORE'S
REVEALED
REMEDY
Stimulates the Liver,
Promotes Digestion,~ Il
Purifes the Blood.
NOnDEvc PURELY VEGETABLE coYPoUU
REVEALED A.aHs sss J. ~: s.. ~. ... .s.s-.
REMEDY Contain. n. A,.oa.,. n. Mines.
Eadeates disease through fits action LIVER
RICH. NoURIsHING BLOOD A medicine
of all -3
NUDNN DYSPEPSIA LIVER COMPLAINT KIDNEY
lIKNN DIFFICULTIES: BOWEL DISORDERS euas.
UUItITO CONSTIPATION. DIARRHEA
TROUBLES. COUGHS, COLDS ASTHMA:
CoMPLAINTS its RHEuM TIsN
..... our LIVING WITNESSES 49,.

cHTcAso Dec. -, lS94
Stewart = Holmes Manufacturing c.. -
attic. WASH:
0eattemea-r am out OF the Revealed
Remedy again Please send me case By
freight have given away about half hts
last case, used two or three bottles myself
and sold two OF three bottles. In kvKny
ISsfAScx 1T HKLvs on crREs THE PAn-
TIES VINO usx IT. 1 HAvE YET TEE
yIRsr rKasos TO yrSn VINO usEp IT.
THAT IT DID NOT HELr. Yours respect
fully. G. G. THOMPSON.
EAPA CRY. CAL. Jan. 80, 1898
xsssrs. stewart q Holmes Drug Co. So
Attic, Wash.
Dear ssrs--I have eesa using Msors's Re-
veaied Remedy FOR the last three a. ysars
long ago had fknown your aid-esx had
been very sick. aud despaired Of ever being
we'll again. when l noticed your advertise
msns In tia Carrier Dove" and as q
drowning man viii catch ~ . straw I
caught ~ the least chance Of cura I aad
acomplscation OF dissAses-dy spapsiA. nexv-
BUSINESS, loss OF appetite. Insomnia and
chronic diarrhHa when I commenced tax
lag your medicine, but very shortly aftsr
psing Is In the manner directed began 10
mend. ana ey ths ane I had taxes aalf
bottle felt Ike ssw psFson Ths follow
ing spring the old symptsms returned.
and / again used your medicine and was
completely cured. and Also TO my surprise.
was completely cured Of piles, from which
! had been troubled fer = long time
I can truly test!fs that IL il the best usdi-
cine asd the most reliable I hare ever
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-26

used, aad woald not be without \ a -
house Gratefully youFs.
JULIA MARVIN
osntiemen-IT II INyALUAnLl III
wsuid lks 10 inform Won that have ~
Aocre's Revsa'ed R-msdT ard haze fson5
Sc 10 De = tiFseciass msddins for inssssasfie6
and many other uses. aud can rec0umen<
is 10 anyone who Is al, ctsd
MIRA @ q. o.. cltA
erArrIn Wash, Jan. 20, INA
0entienen-f was takes with 9 aapon
attack Of bilious sss and I've 1lssr1erfknz
fail tried bottle OF Mooran ReTsa1I
Remedy. and am thanked TO say. ~ &
few doses felt AMI xs the same nan q
esnnos SPEAK too hsgh y IN IL pass E
wsu!d a OF Dc without . bottle In the -
for . good deal and shall e.satinaa 20 -
onaraead IL TO all nv friends Yoars sruI4
BRED HUAnxX
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
The Grand Jury Brings ln am
Indictment
Against the Strike Leader This
Afternoon.
HE Is UNDER ARREST.
Stockholders Of the Pullman
Company to Act.
Will Demand Of Directors That
They Bring Pressure
To Bear on President Pullman
to Arbitrate.

CHICAGO, July 1O-The grand jury
fled into the court room just after Mul-
ford Of the Western Union company re-
tired and announced an indictment The
name or names of the persons indicted
were for the time being withheld.
4:55 p m.-Debs has been indicted and
has been brought into court under ar
rest. Debs is charged with conspiracy.
The strike Certain.
The committee on arbitration made IA
report at 445 p. m. that all their efforts
to effect a settlement had proved un-
availing and that the general strike
would be in force commencing tomorrow
morning.
Pressure for Arbitration
CHICAGO. July 1O.-A movement origi-
mated today among a coterie Of Pullman
stockholders on the board of trade 70 lu-
duce the resident directors of the Pull
man company to bring their influence t0
bear on Mr.. Pullman TO yield to demands
for arbitration, or, If necessary to call au
emergency meeting Of the executive
committee of directors to act independ-
emily Of the president in the interests of
the majority Of the ownership.
At joint meeting today Of the broth
erhood of Railway Irainmeu lodge ee4
employed on the Chicago division Of the
order to the wall and decided 60 join the
strike. Lodge No. Ia, switchmen's assoc
citation located at Grand Crossing aur-
rendered its charter today and its mem
bers joined the A. r. Z.
Cleveland Accessory 20 Murder-
Minor officials Of the state OF Indiana
and citizens Of Hammond are determined
that the federal officials high in power
shall be made to answer for the death ol
Charles Fleischer. one of the rioters shot
down by soldiers Of the Fifteenth in-
fantry Sunday afternoon.
Warrants charging the soldiers with
murder have already been Issued, and 10
is said there is "a movement on foot o.
swear out similar papers charging the
head of the government aud his eNecu-
tive assistants with being accessories be-
fore the fact
The claim is that the soldiers fired in-
to a body Of peaceful citizens and OLA
this claim, the widow viii institute pro-
cheding against the government for
damages.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

No Likelihood That Trades Unions There
VIII Walk Out.

NEW YORK, July 10. Mortimer O'Cou-
nell, president of the brotherhood of sur-
face railway employees, scouts the idea off
a general strike OF street railway em
ployes in sympathy with the Pullman
boycott
As to Malone, who at a conference of
railroad men in Chicago "A few days ago
claimed to represent the Amalgamated
association of street railway employee.
O'Counel says he cannot control 500
men.
Gompers, according to O'Connell, has
a very small following here and still
less ia Chicago. Most OF fhe
labor leaders here say the unions will
strike if it seems likely 10 do amy good.
but they are practically unanimous in
agreeing that ii would not do amy good.
Among the various brotherhood
in this city, where the real
strength Of railroad labor lies.
there is strong feeling against
any sympathy strike. The men wiz not
strike unless forced TO do so by higher
officials of the brotherhood elsewhere
and any railroad strike here would be o.
farce without the support Of the brother
hood.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
PEFFER.s KEsoLUrIoN.
He Refuses TO Allow 1t TO BE Side
Tracked.

refused to permit the side-tracking of his
omnibus resolution for the postofice ap-
preparation bill in the senate today. The
Kansan spoke to the resolution, Mt length,
reciting the wrongs which he
alleged to have been committed against
labor by the Pullman company.
Senator Davis of Minnesota replied to
Senator PETER and made a vigorous
speech against all forms of lawlessness
and the attempts of the strikers to pre-
vent the movement of trains. The sen
ators gathered about him and listened
with great attention
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
DEBs, STRATEGIC MovEMENr
To Prevent Bringing of Troops From
San Antonio.

DALLAS, Texas, July 10.-AlI trains
on the Santa Fe arrived and departed as
usual today Strikers did not interfere
with non-unIOn men.
A committee is to wait on Vice Presi-
dent Thorne of the Texas & Pacific this
afternoon and request him to have Pull
mans taken of. If he refuses strike
on the Texas & Pacific is to be ordered
this evening. Labor leaders say the
ordering of a strike in Texas is a strate-
gic movement by President Debs to less
en- the likelihood of President Cleveland
ordering large forces Of soldiers located
in San Antonio to aid Gen. Miles
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

The trfennial convocation Of the gem
eral grand chapter Of the Royal arch
Masons. announced 70 open July Is. hal
been postponed BY orders Of the General
Grand High Priest. George Z. McCahou,
to August Is or %, as conditions may
permit
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
WICKED WORK
An Attempt 10 wreck q Military Train
at DeminE.

DEMINe, \. NJ, July 1O.-An attempt
was made last night to wreck a special
train containing 500 troops from Fort
Bayard en- route to Trinidad and Ration
The section foreman discovered four
switches turned in the Deming yards just
before the train arrived. Members Of
the local lodge A. R T. are highly in
dignant aud have offered to guard the
railroad property.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

C1Nc1NNATI, July 1O-3:30 p. m.-The
central association of railroad officers
have issued bulletin stating: ''All the
roads have fully resumed operations in
All departments and are handling freight
and passengers as usual. The resump-
ton is complete"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

Sr. PAUL, July 1O.-As a result Of che
notice by the officials of the Chicago
Milwaukee & ST. Paul that all strikers
places would be filed at a. m., large
portion of the men reported
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
IRON BARS ON THE TRACK.

An Attompt 20 WToc1 a E11E N7@0 T--0"T-
Express
MARION, Ind. July 1O.-An attempt
was made near here to wreck the fast
vvestbound Pan Handle express which
usually carries many passengers. Two
flat iron bars, three feet long. fastened on
either track were accidentally found and
rem owed before the train passed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

DENVER, July 1O.-The union depot
presents an entirely normal appearance
today. Trains are arriving and depart
ing on all the railroads.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10


CHICAGO, July 1Oz.sIt is labor lost:
not $50 mayors would have the
slightest effect on the Pullman
company" said Mayor Hopkins this
morning, when asked if Mayor
Pingree of Detroit, had asked him to be-
come one Of the tifry mayors to join in
an appeal to George NJ. Pullman to al
low the difference between him and his
mon to be submitted to arbitration.
"Mayor Pingree probably thought
there was no need of asking me to join
with him in such an appeal" said the
well know. But fifty mayors will have
no more effect on the Pullman company
no or $50, or 5oO- Every one is ignor-
ed by this company. However, it will
take Pullman years to recover from this
trouble. He will find he is bovcotted
without any unity Of action or of effort
by the American people The business
will 60 to PuIlman's competitors; then
he will realize the mistake Of his posi-
ton today"
Arrest OF Hanahen
John J. Hanahan, wee grand master
of the Brotherhood of Locomotive fire
men, was "A prisoner in Commissioner
Hoyne's office this morning
4 was taken out of my house at mid
night said he, after he had been re-
leased. .'and was compelled to leave the
bedside or my sick wife. | have done
none Of the things charged against me;
on the contrary have done all l could
20 prsaf'I6A tnirpeace and end the strike.
1 b0ur4B1 nteBn CINE to induce the engi-
neer and fireman TO quit, but / suppose
in times like these there Is no use in
complaining.'
Hanahan il a candidate for congress
in the Second or stock yards district,
and IN the hremen's organization Is sec
ond to Chief Sargent.
District Attorney Milchri5t said that
III e government had good case against
Hanahan- Mr.. Hanahan was arrested at
midnight last night, 594 Princeton ave
nue. Englewood. He was arrested on Il
warrant sworn out before Commissioner
Hoyne by f. g. Gregory OF the Chicago
& Western Indiana railroad. who has an
Office in room 52nd at the Dear born sta
tion-
Arrested by n Pinksrton.
The Warrant charged the vice grand
master with interfering with in
terstate commerce and the pas
sage Of the mails The arrest was
made by deputy marshal Frank Jov.
the ex-PinkertOn detective who took
part in the stock yards riot of
1887 and has been charged with firing
the shot on that occasion which killed
Terence Begley. After he had been
taken into custody Hanahan was taken
90 the Hotel Normandie, and was kept
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
now TO ARREST DEBs.

Trying to Find Some Law Cover Hia
DENVER. July 10.-If the grand jury
which will meet At hicago tomorrow
should not indict Eugene Y. Debs presi-
dent Of the American Railway union. a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
ARBITRATION.

Mayor Pingree's Proposition
That Mayors of Large Cities
Join Hands LIN Request to
George Ne. Pullman
That Hs Arbitrate With His
Employees
MEETS WITH FAVOR.
The Mayors Almost Unanimous
For it.
Mayor Hopkins Scores Pullman
in Bitter Terms.
SOVEREIGN'S ORDER
CallingOut theknights Of Labor
Written Today.
The Strike Breaking UpAll Over
the Country.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
ssetIIne y ArbI.rats say. FuII.a =.

Nothing to Arbitrate Says PulIn
New YORK, July 1O.-The Herald's
Alexandria special dispatch tells of
visit to the summer home Of Geo. NJ Pull
man at Castle Rest yesterday. MIR. Pull
mans SON law. George " est, reported
the former could not be seen. The re-
porter asked: "What are Mr.. Pullman's
views On the subject Of arbitration"
Exactly Wnat they were a month ago,
said Mr. West '.He don't see anything
to arbtrate. What is there to arbitrates
Nothing at all. We had but few orders
and these we had to scurry about the
country for. From the lack of work We
were compelled to lower the mems pay
"What has AIr. Pullman to say in re-
gard to the news that all the trades
unions in Chicago viii strike tomorrow
at p. N. unless he will submit to arbi-
tratiOns"
Mr.. Pullman was seen and afterwards
Mr. West gave the following reply. Mr.
Pullman can't help the situation as he
has many times stated He can do no
arbitrSting, for he sees nothing to arbi-
trate- No, nothing at all"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
CallingOut theknights of Labor
Written Today.
GRAND JURY'S WORK
Beg - Il at ChicagO-Judge Gross
cups Charge
Trades Unions at Chicago to
Quit Tomorrow.

DETROIT, Mich, July 1O.-Mayor Pin
gree's proposition to have the mayors of
all the leading cities join hands to induce
the Pullman company to submit to arbi-
fration, seems to meet with general
favor. a large number of replies have
been received by telegraph, almost with
out exception in favor of the idea No
definite plan OF action has yet been de-
cided upon, but a messenger will proba-
bly, be sent to Dir. Pullman bearing the
petition and the views Of the various
heads Of municipalities.
The advocate., 1894-05-09

tha parties, the United States land officers are
imposed upon and . cancellation OF the entry
Is obtained 80 40 TO apparently transfer the
titio and interest Of the entrymSn 10 such
other DeFson; /; Held That as TO the mortgage,
having no notice Of the contest or OF any. Of
the proceedings, such cancellation, having
been obtained BY collusiOn and fraud OF the
parties thereto, does not bind or conclude
him.
All the justices cOncurring
true copy. rDo,,,v
Attest: Y. y. BhOMNI
[sEALl Clefk supreme Couf@
The advocate., 1894-05-09
SYLLABUa

sYLLABUa Blythe COURT. JOHNSTON,
1. Mere irregularities in the method Of OBJ
tanning the vacation Of Judgment wrong
fully obtained and to which no objections
were made Will not defeat the order vacating
such judgment; nor can the omission Of o
verifcatlOn to pleading be regarded as o
fatal defect, where the parties proceeded to
trial ON the merits, without objection, as
though the pleading was verified and the
2 PGeadings examined, and held, to be sufi.
Cient to authorize the trial OF the questions
submitted to che court, and the evidence
found to be sufficient to sustain the decision
gsrnishee to come in and defend against the
claim of the plaintiff.
g. The garnishee in the action answered
and showed that the land which had been az
taChed as the property Of the defendant had
been conveyed to the garnishee In payment Of
just debt owing TO him by the defendant,
and that the land whom fairly valued was
wholly inadequate to discharge the indebted
ness. There was an understanding between
the garnishee and defendant that II at any
time the former could obtain more for the
property than the amount Of the indebtedness
the surplus should be paid TO the defendant,
Upon the trial l6 was shown that the debt OF
the gArnishee was bona hde and that the trans
fer OF the real estate In satisfaction Of the debt
was made In good faith, and the undlsputed
testimony was that no interest remained in
| the property beyond what was necessary TO
satisfy the demand OF the gSrnisheo. Held,
That as q sale Of the property under plain
ti6s attachment would yield nothing and
serve no beneficial purpose, the ruling OF the
court disch8rging the garnishee and dissolV-
ing the attachment was not error.
All the justices concurrlng.
| A true copy.
Attest: G. ]. BROWN,
[sEAL1 Clerk Supreme Court
The advocate., 1894-05-09
AFFIRMED
By THE COURT.
SYLLABUS.
JOHNSTON, ]

SYLLABUS. By THE COURT. JOHNSTON, ]
1. Where person breaks into q building
intending TO commit larceny and does every
act essential to burglarious breaking, the
mere fact that there was q detective with and
apparently assisting him in the commission
OF the crime will not constitute defense.
State vs.. Jansen, % K&s., 498.
q II the entrance to the building was made
by the procurement and with the consent Of
the owner, or by person acting In his en-
pl0yment, the breaking could not be regarded
as burglar1ous, but the fact that the owner
was willing to assist in and facilitate the de-
lection and arrest Of the criminal Ia itself no
consent to the commission Of the crime.
3. The appellant was arrested and his pre-
limin&ry examination was held eight days
before the trial Two days before the trial
counsel was assigned to him, and on the day
preceding the trial he filed an affidavit for
continuance, stating that he had not had suffi-
cient time in which to prepare for trial and
setting forth the testimony OF an absent wit
ness whose testimony he desired. The state
consented that the affidavit for continuance
should be read rs the deposition Of the absent
witness, and the court denied the cOntinu-
Ance. Held That the denial Of the motion was
not error.
4. Newly discovered evidence that dis
credits witness or which Ia merely cumul&-
tive Is not sufficient cause for new trial.
All the justices concurrtng.
A true copy.
Attest: G. J. BROWN,
| [sEALl Clerk Supreme Court