davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
THE LAW AS LAID DOWN.
Case Was tho Tyler VS.. the Last
Chance.
| Suit That Has Been Stubborn1y
Fought By Both Sides, the Deci-
sion in Which Will Prove of
Owner in the Great West--One OF
to Court
Especial to The Herald.l

BOISE. Idaho, Dec. 14.-Judge Beatty
in the United States court today de-
cided the celebrated case of Tyler VS..
Last Chance. involving one of the big
gest mining properties in the state.
His decision is in favor of the Last
Chance company, giving it the ground
In controversy.
The case was twice before the court
OF appeals, and once in the United
States court. The decision is one Of
the most interesting so far as mining
suits are concerned, in the history of
the state.
Judge Beatty lays down the law on
which he passes being similar to that
which entered the famous Amy Silver
smith case
The court says: THE statutes say
the right to allow the ledge along its
course underground shall be limited by
the planes passed through the two end
lines, but it is manifest that this rule
cannot be followed when the apex Of
a ledge before reaching the other end
line passes out of the side line. for
it would give the locator more of the
ledge underground than he has of
apex. 1t would give him a, portion Of
the ledge of which he does not hold
the apex. To hold that his ledge shall
be cut off by the vertical plane and
side line, is cutting off the right to
follow it down, which the law has given
him Instead of this. to establish at
the point where the apex crosses the
side line cut by the apex and allow it
to follow the ledge ON it's dip between
these two planes is not a violation OF
any provision of the statute. and gives
the miner only those rights which the
statute intends he should have"
The courts by the cases above cited
have SO held, and it is now held that
plaintiff can so follow it's ledge as far
as is not in conflict with some prior
right.
Beattys decision practically brings co
an end one of the most famous of min
Ing litigations that has ever arisen i'll
the west.
The case was first tried in Boise In
April, 1892, a verdict being returned in
favor of the Last Chance. 1t that
trial prior judgment was secured by
the Last Chance against the Tyler, in
which priority of location was decided
to be with the Last Chance, was adj
mitted in evidence by Judge Beatty. On
this point he was overruled by the
court of appeals. The case was tried
again in March, $685. resulting in a
verdict in favor of the Tyler, which
was affirmed by the court of appeals.
On a writ of certiorari, the case was
taken to the United States supreme
court, where the court of appeals was
overruled. Judge Beattys original rul-
ing in admitting the prior Judgment
was endorsed. This decision remanded
the case for a new trial.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
Letcher on Deck.

WASHINGTON, Dec. 14.-Jerrold r.
Leocher of Salt Lake, chairman of the
Utah commission, arrived here today
bringing with him the enrolled copy OF
the Utah constitution and a certificate
of the votes cast thereon at the last
election for presentation to the president
1t is designed to present these as soon as
an audience can be obtained with the
president. Governor West, Delegate Can
non. Commissioners Letcher and Hoyt
Sherman and some congressional friends
of the state will call upon the president
The enabling act provided that the con-
stitution should be Republican in
FORM 1t must be inspected by the at
torney general, and when he renders an
opinion it is probable that the statehood
proclamation will be issued. The state
officers will assume their duties the Mon
day following, and the legislature will be
called in special session to make laws
fnnder the constitution and elect United
States senators.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
STILL WE'LL MURDER.
NET IS CLOSING AROUND DOCTOR
HEARNE.
Some Very Damaging Testimony BY
Female Friend of the Widow
A Conversation Heard Over
Telephone Admitted in Evidence.

ST. LOUIS, Mo, Dec. IA special
to the Post Dispatch from Bowling
Green, Mo-. says:
There was "a feeling of suppressed
excitement in the Hearne trial this
morning, when it became known that
Mrs. Susie Hayward was to go on the
stand.
1t was she who changed the belief
of Dick Stillwell in the innocence OF
Hearnes and, more than anyone else,
is expected by the state to show the
relations existing between the two de-
PENDANTS prior to the murder of Amos
J. Stfllwell.
Mrs. Hayward, who was the first
witness on the stand, said she had
known Mrs. Stillwell very well. and
often visited her.
One day in June, before the murder.
when witness was visiting in Hanni-
bal. she went to DIR. Hearnes' office
about 10 a. M She entered the front
office No one was there. She went
to the room in the rear and tried the
door. 1t was locked. She went across
the street to the park and sat down.
Two hours later she saw DR.. iearne
come to the door and look up and
down the street. Then Mrs. Stillwell
came out and passed up the street.
Witness accused her of having been at
DR.. IIearnes'. Mrs. Stillwell admitted
it. Mrs. Stillwell told her guest she
was unhappy ON account of her reia-
tons with DR. Hea1'ne, and would
gladly break them off. She said she
could see only trouble ahead but DR..
Hearne had such influence over her
she did not seem able to break away
from him.
.ishe asked me- continued the " t
ness, 'if / would go to DR.. Hearne and
ask him to have no more TO do with
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
JARVIS CONKLING
Receiver Files the Report of the
Recent Sales,

KANSAS CITY, Dec. 14.-Receiver
John F. Downing, of the defunct Jarvis
Conkling Mortgage Trust company, filed
in the federal court yesterday the report
of the sale of securities made on the 5th
of December under orders from the
United States circuit court.
The thirty-three sets of securities sold
at that time represented a face value of
81. 10, 600 and the receipts from the sale
were $2S6G5S. The sale was made SUBJ
iect to the confirmation of the court, the
purchaser being the North American
company of New York. d corporation
controlled by the former managers of
the defunct company.
In the report made yesterday Receiver
Downing says that since the sale was
made he has received an offer from W.
n. Coler & Co., of New York, in which
they propose to take the whole lot of
bonds and raise the price from $236.05S to
1886. 060 and are also willing to pay a cash
bonus of $1,000 for the securities at that
price. The offer comes at time when
the only thing the receiver is able to
do with it is to report it to the court
1t is understood that the purchasers
in this city are to file a, protest
During a recent sale in New York of
securities held by the defunct Jarvis
ConklinS company, securities worth at
their face value over 81, 100000 were bid
in by the reorganization committee al
500 555.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15

no representative better qualified to chat
lenge comparison with the old world
diplomatists The suggestion that partl.
san rancor could descend TO the lever OF
endangering his tenure is palnIul 10
contemplate"
The article, however. also remarks:
Mr. Bayard was undoubtedly guilty or
indiscretion. But it was only an error
OF judgment.
ITO understand the feelings of the
Americans We must imagine Sir Julian
Pauncefote lecturing in Philadelphia on
the principles of local autonomy ana ad-
vocating home rule
The weekly newspapers also devote
considerable space to the alleged un-
friendly attitude of the United States re-
speeding Venezuela and the Boring sea
questions.
The Saturday Review says: Such vul-
gar impertinence as Senator Morgan S
would certainly not be allowed in TING
S sfs OF commons mn Does the W. en I,,e
say, with Baron Marschall Won Bieber-
stein (the German minister for foreign
affairs) in his dignified reply to PreSi-
dent Clevelands petulant complaint
right to demand reciprocity in friendly
feelings
The National Observer confirms the eS.
elusive dispatch to the Associated Press
of Salisbury refused to allow England $
claim to Venezuelan territory within the
Schomberg line to be questioned, and
adds: 1T is taken for granted that Presi.
dent Cleveland does not intend to press
the whole claim implied in his message.
But if his words have the meaning
which we should attach to any other
ruler. the conflict of views is very seri-
Gus and it seems that an open quarrel
can hardly be avoided except by the sur
render of one side. For the United States
q withdrawal would be very serious
defeat"
The article quoted above also discusses
Senator Morgan and the general I'M
England and concludes with distinct
warming to America that she stands on
the same footing as other powers. Per-
sistent unfriendliness should be met in
the same spirit and might have a whole
some influence in clearing the air."
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
CURLEY BROWN.
HE Is KNOWN AMONG THE SPORTS
OF BUTTE.
They Laugh at the Idea of His ChaI-
longing Anyone to a Duel, or
Posing as n Bad Man.
Isnec,al TO The He-aIn. 1

BUTTE, Mont. Dec. IA letter was
received at police headquarters yester
day from Judge Glenn Creveling. of St.
Louis, inquiring into the general record
and reputation of H. D. Brown. better
known as "Curley" Brown, the race
horse man who created a sensation in
St Louis recently by gun play and
challenging Creveling to fight duel.
Brown is we'll known in Butte, and his
record, which is contributed by officers
of the West Side Racing association and
by Butte gamblers. was forwarded to
Creveling today.
Brown was tin-horn gambler IN
Butte six or seven years ago. and from
here he went to Spokane, where he coll
lected a racing stable. AS to his turf
reputation local race horse men say it
is anything but good, and charges of
crookedness and jobbery are made
against him. He is also well known on
the California circuit. Those who know
him best laugh at the idea Of his chal-
longing anyone to a duel or posing as a
bad man.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
JAPS In COREA.
European Powers Said to Have
United in a Demand That the Lit
tie Men Get Out.

WASHINGTON. Dec. 14-The report
that the European powers had united in
a demand upon Japan for the evacuation
of Corea is regarded at the japanese le-
cation here as a renewal of the I'M
founded rumorS current some time ago.
It is stated by officials that Japan's evac-
uation of the Lao Tung peninsula is also
accomplished This was begun as China
paid the indemnity some weeks ago. AT
that time Minister Kurino of Japan
made an official statement to the erect
that the withdrawal would be followed
by a general evacuation of the Japanese
forces in Corea except SO far as they
would be required to protect Japan's in
terests. Mr.. kurino expressly disavowed
a purpose on the part of Japan to es-
tablish a protectorate over Corea. 1t is
said at the legation here that these con-
ditions remain unchanged and that the
withdrawal of troops is proceeding as
fast as practicable. Under these circum-
stances the report of another demand
by the powers is not credited by the
Japanese officials.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
HARMLESS LUNATICS.
Another Frightfu1 Tragedy Enacted
in Wiesbaden.

NEW YORK, Dec. IA special to
local paper from Berlin says:
Another frightful tragedy has just been
enacted in Wiesbaden which illustrates
The danger of harboring so-called
Harmless lunaticS restrained in private
families.
Herr Aschoff, has refused to permit the
Incarceration of his son in an insane
asylum. Through the affidavits of promi-
nent physicians he managed to evade the
law which forbids the keeping of luna
tics outside of state or private institu-
lions. In sudden fit. of anger young
Aschoff grabbed a carving knife from a
table and stabbed, his aged. father to
tempted to kill himself, but only sue
ceeded in inflicting some slight wounds, as
the cries Of the father brought the other
members OF the family on the scene, VINO
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
Levi Warren Haughton.

NEW YORK, Dec. I4-Levi Warren
Haughton, an old shipping merchant,
we'll known in houses engaged in the for
eign and California trades, is dead at his
home in Bath, Me, where he was born
succeeded his father in the shipping bust
ness, the latter having become the owner
Of one Of the finest fleets of American
the house maintained a fleet of about
fourteen full rugged ships, but building
usually one ship a year. engaged in the
carrying trades of this port, New Or
leans, San Francisco, Havre. Antwerp,
Liverpool and Chinese and East India
ports.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
CALLED HOME.
David Fairbanks.
Especial to The Herald.)

VoP6CIeI 10 I ne IItIdIu.J
PAYSON, Utah, Dec. H.-David Fair
banks, another of Payson's veteran pio-
neers, died this morning at the ripe old
age of So years. He was born at the
town of Peru, Vt, March L. 1910; went TO
New Jersey in 1926; settled in Illinois in
1874; emigrated to Utah with the first
company of 200 in 1877; was appointed
bishop of the first ward, Salt Lake city:
was released to come to Payson in 1851.
He was one of Paysons exemplary men;
few men have done more to build up our
town and neighborhood. Death came
peacefully.
Funeral services will be held on Sunday
at 2 o'clock
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
Republican Caucus.

WASHINGTON, Dec. 1.-THE Repubii-
cans of the Senate will hold a caucus
next Tuesday when the caucus commits
tee will make a full report on committee
assignments. The committee was in ses-
sion again today but did not complete
its work and will meet again Monday.
The Republican list, when adopted. will
be presented to the Democratic caucus
for its consideration and the test of the
ability os the Republicans to organize
may come on Wednesday or Thursday.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
AFTER ooPPINGER.
A. r. A. Making Il Fight Against
Him.

WASHINGTON, Dec. 1.-THE American
Protective association is engaged in vigor-
Gus warfare, through petitions and other
wise, against the confirmation Of the
nomination of General j. ]. Coppinger to
be brigadier-general
The petitions charge that his promotion
is made over the heads of scores of
brave and gallant officers and assert he
has become an American citizen within
the past three years. They further say:
He is the Roman Catholic volunteer
who, with others, left Ireland to go and
fight for Pope Plus tx against the free
dom and unity of Italy, and who. for pre-
tended gallantry, was created by the
pope a chevalier of st. Michael and made
honorary aide de camp to the pope.
The nomination is now before the COM
mittee on military affairs and has not
yet been considered by the committee.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
BALTIMORE EXPOSITION.

BALTIMORE, Dec. AIT a we'll at
tended meeting of the directors and
others interested in the Baltimore Gem
tennial exposition in 1897 was held today,
at which it was unanimously decided to
go ahead with the scheme and to push
it vigorously. 1t is announced that $780,
COO of the $780, eco has been subscribed and
that the CITY will give 100000, the state
as much more. and the United States
government will be asked to subscribe
81 600 eco. The success of the Atlanta ex-
ncsition has aroused new interest IN
Baltimore product.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
RATES MONEY.

MINNEAPOLIS, Dec. 1.-THE expected
law suit over Catherine Gings insurance
money is not likely to be tried. w. W.
Hayward, father of Harry and to whom
the latter assigned his claim for the
relinouished all claim to the money. Miss
Ging's executor, her twin sister Julia,
claims the money, but the companies may
decide to resist payment on the ground
that the policies were assigned to Hay
taken as an admission that he is con-
WINGED of his sons guilt. -
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
n,,,nEE r1,lEs GUILTY.

HOUSTON, Texas, Dec. &c. 1. Love.
the Calvert post office clerk, whose flisht
To Central America. pursuit and capture
by the federal authorities. attracted
much public attention last spring, today
pleaded guilty to three charges OF en-
bezzlement in the federal court at waco
He will be sentenced this week
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
WRECK IN A TUNNEL.

LEXINGTON, KY, Dec. IA wreck in
a tunnel nineteen miles from Lexington
on the Cincinnati Southern railroad just
beyond High Bridge, occurred this morn
ing at $50 \ wrecking crew was run
into by heavy freight train on account
of mistake in the signals. L. }: Duval,
conductor of the wrecking train, was
killed. Michael O'Day. of Lexington;
brakeman of the wrecking train, died
at the hospital here tonight John WIND M
of Macon, Ga, assistant engineer on the
freight, was badly injured.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
AN OVATION.
North Carolina People Glad to See
the President

ELIZABETH CITY, n. c.. Dec IA
President Cleveland arrived here at AS
o'clock this evening on board the light
house tender Violet. The town turned
out to greet him, and for about half an
hour Mr.. Cleveland held an informal re-
ception. The villagers wer, anxious to
shake hands with the president. Mr..
Cleveland seemed willing to crafty their
wishes in this respect. He was impor-
tuned for a speech but declined. From
what can be learned the president has
distinguished himself as a sportsman on
this trip. Scores of ducks and swan
have gone down before his unerring gun.
Although the storm which has been
raging on the coast interfered with the
sport, the party, it is understood, had
3vno unpleasant experience
The presidential party left at O'Clock
on a special for Berkely, Va, where they
are to be met by the light house tender
Maple, which will convey the party to
Washington
The Maple is expected to leave Berkeley
al $3.50 tonight and reach Washington
! tomorrow at noon.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
SHIP BUILDERS.
Their Strike Causes the Supremacy
of ENGLAND to BE Threatened.

LONDON. Dec. 14-News was received
from Glasgow and Belfast today that
the great strike in ship building trades
is to continue. and caused a depression
in stocks and in commercial circles for
there is no doubt the supremacy of Great
Britain in ship building is threatened,
will. unless there is a change for the
better shortly, go to Germany and other
countries. 1t is believed, however, the
employers will have to yield in the end,
them by the government, in view of the
delay in completing the work for the
British admiralty.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15

men have kept a stream playing on the
debris of last nights conflagration. The
large establishments of Deere, Wells &s
Co.. the Combination Fence works and
the transfer house of the Empkie Shu-
CART company were practically wiped out
of existence.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
PROTECTION
TN ENGLAND.
Marked Advocacy of it Was
Noticed There Last
Week.
SALISBURY EXPLAINS
What He Really Meant by His
Ho~k.So- C-oz-L
EXPLAINS
What He Really Meant by His
Hastings Speech,

London Newspapers on the Sensation
of the HOur-LondOn Athletic
Club VIII Shortly Challenge the
New York Athletic Club to Con-
mer OF 1S9G-Admit They Have
Learned Something From the
Yankees.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
A Change Made.

WASHINGTON, Dec. H.-Lieutenant-
Colonel w. ]. Volkmar. who has been for
a year past assistant acknowledgement
of the department OF the east at Gov
errors Island, n. Y. has exchanged
places with Lieutenant-Colonel Thomas
Ward, at present assistant adjutant-g gen.
eraI, department OF the Colorado at Den
YER
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
were SIMPLE
YET SOLEMN.
Ceremonies at the Burial OF
Allen G. Thurman
Yesterday.
DESIRE OF DECEASED.
House Surrounded by SOrrowing
Friends
DESIRE OF DECEASED.

Probably ut no Time Has There
Been More Notable Gathering
in the City of Columbus on Such
an OccasiOn-For Two Hours
Friends and Acquaintance Pass
the Bier and Take a Last Look
at the Face of the Noble Deau.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
THE RING.

MEMPHIS, Tenn. Dec. IA special
to the Commercial Appeal from Birming-
ham, Ala, says: Denver Ed Smith
knocked out Mike. Quinlan. the Chicago
stockyards giant" in one round. Smith
says he will meet Corbett, Fitzsimmons,
Maher or any other boxer in the world.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
THAT COMING WAR.
Bayard Treats the Matter Lightly
English Papers Talk.

LONDON, Dec. 1.-THE long dis
matches from New York on the Bay
ard incident have revived interest in the
speeches at Boston, England and Edin-
burgh.
MI. Bayard, however, treats the whole
matter lightly, and said to friend re.
Gently that that, ne regard Lee a. aS sne
The Saturday Review says: I'm Its
whole history the republic has sent us
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
Ex-oongressman McKetehan.

OMAHA, Neb. Dec. 15.-Hon. W. A.
McKeighan, ex-congressman from the
Fifth Nebraska district, died at an early
Neb.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15

MUCH INTEREST TAKEN.
Baskin Makes a Bid for the
Judgeship.

He Has Written Voorhees, Asking
For His SuppOrt-An Iowa Man is
Making n Pull For Charles Bald
win, Also of Salt Lake-It is Not
Believed Voorhees, Will Meddle
in Utah Patronage Matters.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15

COLUMBUS. O., Dec. 14.-With SIM
ple and vet most solemn and impress
sive ceremonies. all that was mortal
of Allen G. Thurman. jurist, states
man and beloved citizen, was con-
signed to mother earth. The entire
city felt the loss.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-15
COUNCIL BLuyFs' BLAZE.

COUNCIL BLUFFS. la. Dec. l4-Fire-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-11-30
SPORTS OF THE WEEK.
News of the Cycling and Other
Athletic Worlds.

that is given racing from all sides, can the
league afford to desert it, and at time
when the pastime is beginning to pay the
organization back for its support years
ago? The Amateur Athletic Union is
quick to appear with an assertion that il
will take up and foster racing, but the
wheelmen of the country protest. Consul
Potter will never be able to carry out his
part of the proposed programme to relin-
quish the leagues control of racing. The
various Eastern travelling and racing men
who have visited the coast from time to
time this year do not seem to have very
favorable opinion of Mr.. Potter of New
York. They say he is too full of visionary
schemes and has not that indomitable
energy so desirable in book agents and
good chief consuls. His Good Roads
pamphlet cost the league thousands OF
dollars and did but little good until it was
merged into the L. A. W. Bulletin, where,
guided by the able hand Of Sterling
Elliott, it is thriving.
The boomers have come to stay. Early
last spring, before the snow in the East
had scarce left the ground, wheelwomen
were dividing their opinions as to the
adaptabllity of the rational costume One
by one they have been won over to the
side which seeks health awheel and in the
garb best suited for its conveniences.
Hail to the boomer girl, for she is the fin