davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
THE COURT
Court.

1855. Potter VS.. Lumber Company. Knox
c. c.. Reversed. Howard, i'm ar ac-
ton for personal injuries received by the
plaintiff in the defendants sawmill by a
set screw being maintained IN a dangerous
position on a revolving shaft, the plaintiff
being the employe of the owner Of the mill.
the comp a mt viii be sufficient to withstand
a demurrer where it shows that the appli-
ance was defective, that the owner had
rCtice thereof. knowledge, or ought to have
had. and that the plaintiff did not know
of the defect or had not equal means of
knowledge with the master.
1865. Griffith VS.. Siinkard. Greene c. c.
Affirmed. McCabe, il The prosecuting
attorney is a judicial officer. 2. If in due
course of legal proceedings a prosecuting
against a person, suci. action cannot be
made the foundation for d suit for ma
licious prosecution against such officer.
Appellate Court.
1883. Kelso VS.. Kelso. Knox C. c.. At
firmed. Ross. il. Where one of several
s~ureties. who are Jointly Liable. is indem-
nided, the indemnity inures 10 the benefit
of all, and the one holding the security
by implication of law becomes "A trustee for
his cosmetics. 2. The proper place for a
bill of exceptions in a transcript, in order
that l. may be considered in the record. is
some place before the certificate of the
clerk. which should be at the end. and
not at the beginning, Of the transcript. 8
1t is necessary that the record shows ar
firmativciy that the bill of exceptions was
properly filed with the clerk after it had
been signed by the court,
1923. Kniss vs.. Holbrook. Noble c. C.
Petition fer rehearing overruled. Gavin,
il. II "A note Is void Ii cannot be en-
forced even by an innocent holder, bur
where a note is merely voidable between
the original parties 1t will be upheld in the
hand of innocent parties. 2. Where n note
is given for a patent right and it does not so
Section sI32. r. s.. 1894. makes the seller
t1 ISL ! cray say s vs.. Wright aa0 d sD {. OG &. AT
frmed. Reinhard. ]. - The statute SUBJ
jectsEo the Daymsn Of . decedent's debts
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
COLORED WOMAN ASSAULTED.
EDWARD Wilson Arrested and Idcntf-
fled as the AssaiInnt.

Edward Wilson, thirty-one years old. CIV
ing his address as 1G Arch street. was ar
rested last night charged with criminallv
assaulting Emma Jones, a colored woman
hVlng In the rear of IA East Michigan
street. Patrolman Caplinger was riding On
ms wheel along New York street iookjng
loI scofcners. when he saw n woman turn
New YORK street screaming. The oficer
overlook her and she told him that n man
had grabbed her at the entrances 10 the
alley between New York and 0hio stroatn
put mat she had broken away from him,
Capllhger and the woman returned Ia tbe
an Identified. avn "a "oLH-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17

Last evening at the Co~llege-avenue BAN
list Church DR.. Wharton preached an i'm
pressive sermon. A large audience was
present. There will be no meeting this
evening but tomorrow there will be three
3 p. m. a union mass meeting or the vo,,rs
people. DR.. Wharton has consented to re-
main another week, and will conduct mn
ION meetings of all the Baptist churches or
tne city. the evening meetings will be heln
IN the FIRST Baptist Church and the 4
Q CLOCK meetings will be held the first part
Church. p'
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
rink They Have

Members of the Improved Order Knight
of Pythias lave secured which
they think will lead to the arrest of A.
M. Gaynor the treasurer of the order. Two
of them called at the police station yester-
day TO learn If a warrant had been issued
fer Gaynor, but learned that no record of a
warrant was on file. Captain Dawson asked
for the information which the men said
they possessed. but they did not give it to
him. 1t is the belief of the police that the
members of the order are not yet decided
whether they want to push the case against
Gaynor.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
The Release of george Higgins.

1t was learned yesterday that George
Higgins was not ordered released from the
jail by Judge Cox, of the Police Court.
but that the order for his release came IN
the regular way in which prisoners not in
dicted by the grand jury are released. As
stated in the Journal. the record in the
Police Court shows that Higgins was duly
examined and bound over to the Crane
jury. The fact that the order for Hig-
gins's release should come on the same day
that he was bound over to the grand jury
caused the police to think there had been
a mistake in the proceedings, and Higgins
was arrested again. 1t is doubtful if a
case of theft can be made against him.
He rented the wheel with which he Is
charged with stealing. and still had it in
his possession when arrested, and there
is no evidence that he attempted to dispose
of 1t at any time
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17

and, while we did not make a personal In
spection of the properties held as security
for these loans. we are satisfied from the
with which dues. interest AMI
premiums are paid on the stock which is
the officers who made the inspection of
these properties. that they are amply Sc
cured. We believe that the association
will realize from the real estate held by
1t the amount of it's cost.
THE following statement is a correct
exhibit of the assets and liabilities of the
association at the close of business Sept.
On 1909.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
AN UNTRUE INDICTMENT.
No Way of Reaching Prosecuting At
N Save by Impeachment.

The Supreme Court yesterday, in the case
of George l.. Griffith VS.. William l.. Stink
ard, decided that a prosecuting attorney is
not liable on account of procuring the re-
turn of an Indictment, nor for publicly
reading an Indictment in open court, even
though he should know the indictment to
be untrue. The court held that as judicial
officer the prosecuting attorney can be
reached for his official acts only by i'm
ne1chment.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
THE WESTERN UNION STUBBORN.
Carrie Another Tax Case to u. {
Supreme Court.

The Western Union Telegraph Company
has appealed to the United States Supreme
Court the case decided against it several
weeks ago in the Supreme Court requiring
it to pay the full penalty of so per cent.
for nonpayment of taxes. 1t declined to
pay the taxes assessed upon it under the
law of 1891 and fought the efforts of the
State to collect through the Supreme Court
of the United States. The State obtained a
judgment of $65, 900 and sued for a penalty
of $44, 900, making the total amount involved
now something over 500, 900.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
MAYER s. co.
20 and 81 West Washington Street.

all lands and interest therein which the de-
ceased in his lifetime may have transferred
TO defraud his creditors, but when the adj
ministrator is authorized to sell. he must
bring all the parties who claim title to
Such land into court in order that their
rights may be precluded.
2lS2. Holland VS.. White. Original action.
Motion for rehearing overruled.
Superior Court.
Room John L. McMaster, Judge.
NJ. kinnan Manufacturing Company VS..
Orlando Sprague; attachment Dismissed
Jno. Ludlow W.. Fred Larn; appeal. TAX
en- under advisement.
Western Strawboard Company VS.. Adolph
Brandt ct al; on account. Dismissed and
costs paid.
Room Edgar A. Brown. Judge Pro tenn.
sarah Dawes vs.. William Dayes. Dis
James Bradbury VS.. Dickson q Talbot
damages. On trial by jury.
James {. Parker VS.. Robert H. Gowen-
stad; note. Judgment VS.. defendant for
$2,324.40 and costs.
Room s-Pliny w. Bartholomew, Judge.
Ella Brant VS.. Frederick Brant ct all.
divorce: Dismissed at plaintiffs costs.
Joseph Il. Morrow VS.. Charles e. Ruem.
meiie; account; Finding and Judgment for
John Stewart VS.. Cornelius .Friedgen et
a.; mechanics lien Finding and Judgment
Tor pialntifr VS.. Cornelius for $e7 and find
ing and Judgment for W%ilhelnina Freid-
gen.
New Suits FsIed.
Frank Barton VS.. VIM. S. Baldock ct al.
MECHANICS lien. Circuit Court.
Fred Sandifer VS.. David Allen: me-
chanic's lien. Room L.
A. Nj. Ogle ct al. VS.. j. p. Walsman ct
al; foreclosure. Room /.
Louis G. fIrtel VS.. Joseph C. Cole. fore.
closure. Room 2. 49,
Columbus c. Craig ct al. vs.. Manuel r..
iiSalueI Ct al; mechancs lien. Room 8.
Foster Lumber Company VS.. Olive u
Ehsiey ct al; mechanics lien. Room 1.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17

About two months ago A. T.. Bradshaw
placed a cafe wagon on the street, but it
did not prove very attractive 10 the people.
He now claims that he has been prevented
by the city authorities from operating IL.
and asks that his license fee be refunded.
City Controller Johnson says he told Brad
shaw when the license was procured that
1t would not protect him for the class OF
business he proposed conducting.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
CITY NEWS NOTES.

The Primary Teachers Union will meet
this afternoon at 4 o'clock at the First
Presbyterian Church.
Russell Powell will sing a solo at Rob
erts Park NJ. L. Church at the close of the
morning services tomorrow.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
An IncorrigibIe Orphan Girl.

Anna Whaley, who is the guardian of
Jennie Delks, a ffteen-year-old orphan
girl, filed a petition yesterday in the Cir
cult Court asking that the girl be sent TO
the Reform School. Mrs. Whaley says the
girl is incorrigiblc; that she often remains
out late at night and associates with boys
Of had character
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17

Judge McCray yesterday sentenced Will
liam Boyd to three years in the peniten-
tiary. He was convicted of stealing an
overcoat valued at S25. George Webster,
who was convicted of stealing two silk
dresses valued at $40, got off with a
sentence of one year.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17
BIG SALE OF STAMPS.
over $4,000 worth Sold by the Local
ONCE i'm the Last Quarter. y

The quarterly postal account of Postmas.
ter Sahm for the Indianapolis Office for the
quarter ending Sept. 30 has been prepared
and is as follows.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-17

Burglars on Arsenal Avenue.
Burglars broke into the residence Of
Thomas Moore, 81 Arsenal avenue, last
night and stole $50.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12
Death Of Jacob N. straus.


Jacob N. Straus the aged father of A.
straus and Mrs. Fannie Colman, passed
away at the home of the latter at 10 O'Clock
last evening. Mr.. Stratus had caught cold
on Saturday last and this finally developed
into pneumonia, a disease 80 fatal to aged
persons. The deceased was born at Dit
tlofsroda near Wuerzburg, Germany, De-
cember Goth, 1911, and consequently would
have been eighty five years old had he
lived until December next. By profession
be was a school teacher and had taught
in theGerman government schools for fifty
SIX years and in ione town for forty-two
years. When he resigned his po.
sition, the government Of Germany
granted him a pension which he
still drew up to the date OF his death. His
wife died ten years ago, and in 1891 Mr..
Straus came to this country, where all his
children reside. Those of them who sur
vive him are A. Straus and Mrs. Fanhie
Coimau, Of this city, and Mrs. Rosalls
Goldsmith, of Liberty, New Mexico. He
had twelve grand children and four great
grandchildren 1.-THE oldest of the latter be.
ing seventeen years old. Mr.. Straus was
remarkably well preserved for a man Of
his age, and could read the smalles ct print
without the aid of glasses.
The date OF the funeral has been fixed for
Tuesday afternoon and the remains will be
buried here for the present, and later on
will be taken back to the old home In Ger
many by some Of his children.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12
A AND TRAIN.

The movement Of oranges from Mexico
Is quite heavy, some fifty ears already
having passed through here In the past
few days.
Engine 1870, after a thorough overhaul
ing, came out of the back shops at Ration
this week. AL McCready will be It's proud
engineer.
p. G. Carpenter Is now on the hot springs
run, In place Of A. p. Gatchel. who Is laid
up with an attack Of his old acquaintance,
rheumatism.
Joe Hodgson, after a few days stay at
Ration, left Thursday morning for Colo
RADIO Springs. He Is considerably improved
in health since leaving last February.
The Atchison has announced tina It will
make an open rate Of one fare for the
round trip from Chicago to the City OF
Mexico for the meeting Of the Pan-Ameri.
can Medical congress, November 18th to
10Th.
George Walker, the present city marshal
of Newton, Kan, has been re-instated as
a switchman in the Atchison yards at that
point. At the time of the A. r. u. strike
in 1894, Mr.. Walker was president Of the
local Organization in Newton, and on &C.
count Of his position went put with the
other members Of the order, although he
was personally opposed to the action
taken. He asked for reinstatement SOM
time ago, and recently received notice
that his name had been placed on the extra
list.
Thomas Motter, one Of the Oldest passen-
ger cond uctors on the eastern division Of
the Atchison, died at his home. $40 Olive
street, Kansas City, Mo-, Tuesday of apo
plexy. His wife had been talking to him
only q few minutes before his death, and
the only warning she had Of the fatal
stroke was when she heard a cry from her
husbands lips and running into the room
she found him lying on the floor uncon-
scious. A physician was called but could do
nothing for the stricken man. Conductor
Motter was forty -ons years OF age and
leaves a widow and -four children, the cid.
est OF whom is eight years old The fun
eral was held from his residence in Kan sas
City Thursday morning.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12
A DOUBLE SHOOTING.
Jose Perea Shoots AItagracia Polaco
Twice and Then Blows His
Brains Out.
PARTICULARS OF THE TRAGEDY

Last evening at about 4;80 O'Clock Jose
Perea, Of the old town, shot and severely
wounded his sw eetheart, Altagracia Pola-
co, and afterward killed himself.
At 4 O'Clock yesterday afternoon Jose
Perea called at the home OF Altagracia Po-
laco who resides with her aged parents
near the school house in the twenty sixth
precinct on the north side OF the old town.
After he had been there a few minutes q
~neighbor called and said that another
daughter, who resides near by, was quite
sick and asked Mrs. Polaco and Miss Alta
gracia to 20 over and see her. This seemed
to have enraged Perea, who remarked to
the husband, that the folks always left the
house when he came and that he was treat
ed like a dog. When Mrs. Polnco and her
daughter returned Peres began a TRADE Of
abuse upon them, and was told to leave
the house. He then drew a revolver and
fred three shots at his sweetheart, two OF
them piercing her through the right
breast, but strange to say her physician,
DR.. Felipe Romero, says she may recover.
Perea then ran north from the house and
met Montgomery Bell and told him that
his "novi0" would not do as he wanted her
to do and that he had fixed" her. He then
went on down to the residence of Manuel
q. de Baca, where he had been employed
as cook for the past three years, and evil
IDENTIFY standing before the mirror on the
dresser, blew his brains out with a A cali
bre bullet, the ball entering his forehead
squarely between the eyes and passing out
through the top of his head, striking the
ceiling.
An inquest on the body was held, this
morning, and Of course a verdict of suicide
was rendered, and the body Of the unfor-
tunate man was buried in the potter's field
Of the cemetery above Las vegas.
Perea was a native Of Corrales, Bernalil-
10 county and came to this city about
three years ago. He was about thirty five
years of age, and while he was not con-
sidered very bright in mind was thought
to be anything but dangerous.
AltagracIa Polaco, the wounded woman
is quite well known 10 Las Vegas and was
at one time employed in Mrs. Green's
restaurant as waitress, and is an industri-
GUS woman. She was reported as resting
easy from her wounds this morning, and 1t
is probable that she will be taken to the
ladies' home as soon as her condition justi-
fies her removal.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12
BICYCLE NOTES.
The wicked man who takes as his

The wicked man who takes as his
Some other fellows wheel,
Is one of those who proves Ii Is
At times, a steed of steal.
The bicycle should not interfere with
church, Sundays.
A bicycle picnic to Tecolote is the pro-
gram for about twenty of the young cy-
clists, Of the city, tomorrow.
A century run in which 100 joyous
scenes are met with is better than one of q
hundred barren miles. Get out of town at
least once each week.
A great deal OF complaint as to the price
of the license issue by the city is heard
among the wheelmen. The license in AL
kbuquerque and Santa Fe Is 81 and it is the
general opinion among bicyclists that ST. is
a large enough fee for Las Vegas.
Seventeen of the city's wheelmen met,
last evening, at the city hall, pursuant to
the call heretofore published. A member
ship roll of about sixty. five members was
presented and it is believed there will be
not the slightest difficulty Ia getting q
membership OF 100. The club will be
known as the Meadow City Cycle club, and
its objects are mutual protection and bene-
at to members. A meeting for permanent
organization will be held next Tuesday
night, the 18th, let every owner Of a wheel
attend.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12
MoRAITRMs.
Rev. j. J. Gilchrist is in Las Vegas to.

Rev. j. j. Gilchrist Is In Las Vegas to.
day.
Rev. J. M. Whitlock's family has beer
afflicted recently by the severe illness O
Mrs. Whitlock and the death of an infant
Manuel Kahn and wife nee Romero, have
been on their bridal tour, visiting friends
In Mora, Sapello and Las Vegas. They
will return to Taos next week.
The republican committee Of Mora coun-
ty has called a county convention for the
election of delegates to the Territorial con
vention. No democratic movement as YET
In Mora county.
El Amigo del Pueblo, organ of the peo-
pies party that was to be, in Mora county,
mas given up the ghost. 1t suggests the
question: Is a dead friend Of the people
any better than no friend2
Does that new telephone line to Mora,
with Its two wires, carry more electricity
than did the old single line2 There have
been quite a number of the new posts rid
died by Zig htning this year. It used to be
said that lightning was unknown in the
mountains.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

II. H. Horne drove over to Mora, to-day,
A. Msnnet went down TO Cerrillos, last
evening.
J. M. Hernandez went over to Santa Fe,
last night.
Miss Lottis WIN IL In return from a visit
to Trinidad.
ollie Erickson went up the road on this
mornings train.
W. 3. Lyons' daughter returned from a
visit to Illinois, last evening.
Attorney L. M. Cuthbert was a passen-
ger on No. l for 5ocorro, last evening.
T. X. Mitchell, of the cattle sanitary
board, arrived In the city, last evening.
W. G. wrigley, J. Leahy, Ration, and J.
h. Person, Denver, are at the Now Optic.
Bud Moore, the deputy revenue collec-
tor, Of Santa Fe, was in the city yesterday.
Misses Lucie and Lille Blood left for
home In Topeka, this morning, after q
pleasant visit In this city.
F. J. Williams, Colorado Springs; M. L.
0Soas = oVDAot uuu Ohuticb Fs nuQuipu,
Rociada, are registered at the Plaza hotel
w. A. Clute, advertising agent OF the
Knowlton Danderine company, was In the
city to-day, aud closed a contract for
space In this paper.
Miss Beekman, who has been in charge
Of the Presbyterian mission school in this
city for some time, has been transferred to
Utah, and will leave for that state Mon
day next.
W. II. Constable, Ell Paso; @. II. Nichols,
Trinidad; Henry #. Westhiemer, st
Joseph j. s. Leech, San Marcial, and L.
L. johnson, Decatur, ILL.,, are registered at
the Harvey house.
Mrs. ]. 8. Clark left on last evenings
train for Santa Fe, from where she goes to
Conejos, Colorado, where she is called by
the sad news OF the death of her father,
DR.. A. J. Watson, who died of pneumonia,
up there yesterday afternoon. DR.. Wat
son spent two weeks here last summer and
made many friends, who will be panied to
learn of his death.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

Hopewell continues to send out good
news of rich strikes. A rich lead has been
struck in the "Paulinev tunnel, another
fine looking body Of quartz has been en-
countered in the "Iron Mountain" tunnel,
and a body of astonishi"gly rich ore has
been opened up in the "Mineral Point
mine. The rich streak is ~impregnated
with hematite and oxide Of iron, it meas
ures fourteen inches In width and an ounce
Of the ore will leave q long string Of
coarse colors ia the pan.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

1t has been decided to put on limited
trains between Chicago and California, but
not daily as has been expected. There
will be two zach way weekly, running
about on the time of the old limited trains.
Days of leaving Chicago and Los Angeles
probably Tuesdays and Fridays. The
train will consist of cars for the accommo
dation of those who desire the finest to be
had. This schedule will 60 into effect
about the middle Of November.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12
A. O. u. w. stockholders.

EAST LAS VEGAS, N. M, September End.
1896 The annual meeting Of the stock
holders Of the A. o. U. W. Heal Estate
Investment Co., for the election of direct.
ors for the ensuing year and the TRANSACT
tion Of any other business which may
properly come before the meeting, will be
held at A. o. U. hall, Wyman's block,
Tuesday evening September 18th, 1896, at
s O'Clock p. m. GEO. W. MOVES,
26O-10t Secretary.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

1t is the bound duty of every republican
to attend the precinct meeting to be soon
called for the purpose of selecting dele
gates to the county convention. The sill
yer republicans should attend and see thai
thu sentiment OF the people is represented.
The republicans cannot win on a gold
platform in this Territory this year and
those who attempt to nave it do SO are not
friends of the party.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

r The Catholic ladies in charge of the fair,
Thanksgiving week Will give a Thanks
giving dinner and end with a grand ball
Thanksgiving night. The ladies have SO
far met with success on every hand and
feel confident they will be able to raise
funds enough to enable the sisters of chart
ty to furnish the sanitarium, for which
purpose the fair will be held.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

Thos. Ross has just closed one of the
largest wool sales that has been made in
this Territory for a long time. He has
sold to new buyers who have never before
invested In New Mexico wool, nearly 300,-
900 pounds of wool. Quite an income for
New Mexico if wool was bringing a good
healthy figure.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

H. s. Falvey bitterly denounces the I'M
principled scoundrels who have robbed bis
flower and vegetable garden of its choicest
contents, especially a fine white rose bush,
and in his heart there is a black eye for
the first person caught trespassing.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1896-09-12

In the matter of the assignment of the
BIT. Vrain mercantile company, an order
has been entered for the delivery of sheep
rented by that company to the owners,
Gross, Blackwell & Co.