davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
THE MAN WHO SHOT TILLIE
SCHRUMPF IN JULY
LAST.
FACES HIS NIcTIM ONCE MORE.
ATE ATTEMPT ON HER
Il LIFE.
HD IS CHARGED WITH ASSAULT
Both the Defendant and the YOUNG
Woman Have Gotten Over
Their Wounds.

Henry B.. White was placed on trial
in the district court before Judge Brill
yesterday. White is the Mortified
man who shot Miss Tillie Schrumpf at
the residence of c. H. Botkin, Hamline,
Sunday. July 26. He was indicted for
assault in the first degree White
called at the Botkin residence and in
qulred for Miss Schrumpf He had
peen there before and it was supposed
was relative Of the woman She was
sent TO the door and after they had
TAXED minute or two she started
BACK into the house. He pulled a pistol
ana hred at her. The shot went
through the fieshy part of her arm and
INTO her side and she fell.
EXclted by the shot, the people came
running after White, to apprehend him.
When he put the pistol to his body and
mace a desperate wound He has been
treated at the hospital until lately, and
appears to be recovered. The girl also
recovered and was in court
The forenoon was occupied in the
EFFORT to secure jury Mr. Donnelly
is appearing for the state
lille Schrumpf was called when court
convened and told the story of the
shooting. She is a plain, modest look
ing young woman and told of her &C.
quaintance with White up to the time
he shot her.
Q. H. Botkin was the next witness.
He said he was home when White
called and hearing three revolver shots
ran out the door White had a re-
volver in one hand and drawing an
other weapon with another hand point
ed them at the witness and said:
Damn you.I I'll kill you too"
Botkin ran back into the house
and out of the back door.
Some Of the neighbors mad meanwhile
come up and grabbed White. He was
disarmed.
Thomas Montgomery was called and
testified to being attracted by the
shots.
Court adjourned with Mr.. Montgom-
cry on the stand
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
WON ON AN ERROR
Continued From First Page.

this corporation were various. Some
of them owned stocks in some, and
none in others Of their corporations, which
were to be controlled by the Consolidated
mines. Some owned large shares of the
stocks of one or two of the corporations, and
small shares or none in the others. Some
of the stocks were very valuable, and some
of them were of little value. AS they pro-
posed to convey all these stocks to the new
corporation in exchange for its stock, it be-
came necessary for them to fix the relative
values of the stocks in their corporations in
order to determine the relative amount OF the
stock in the new corporation which each of
them should receive. Since the amount of
this stock which each of the Merritts would
receive depended upon the relative value of
the stock which he held in the original cor
porations to the value of that held by all
the Merritts, he was deeply interested in the
decision of this question. But as Rockefeller
was to have a mortgage on all the prop
erty of the new corporation for the price of
his securities, 1t was not so important to
him what relative or estimated values were
placed upon the securities which the Merritts
were to put under the mortgage. When the
question of the values Of the stocks held by
the Merritts arose. the defendant informed
them that he would leave the determination
of that matter to them, and directed them
to put their own cash valuation on their
property, and upon certain property upon the
Missabe range that was to go into the con-
solidation which he held options to purchase
from the Merritts. Thereupon they made es-
Inmates of the values of their various stocks,
and wrote a letter to the agent of the de-
PENDANT in which they set them forth. The
values fixed by this letter were taken as the
basis of the issue Of the stock of the new
corporation 20 the individual members of
the Merritts. and were carried forward into
the contract of Aug. %, 1898, with the ap-
prevail of the defendant and without change,
except that the relative value Of the stock
of one of their corporations, for the pur-
chase of which the defendant had a prior
contract option, was raised 100000.
PROVISION OF THE CONTRACT.
The contract provided that the consolidated
mines should acquire the stocks of the Mer-
ritts at the rates named in the letter and
recited in the contract; that it should pay
for them with 81 Of it's own stock for 81 Of
these values that it should acquire the Sc
curities of the defendant at the prices which
were specified in the contract, and which in
the main had to be fixed, and that it should
pay him for those here in question with it's
mortgage bonds at 80 per cent of their par
value. The first article reads: "Messrs. Mer-
rift & Wetmore and the Consolidated mines
covenant and agree that the Consolidated
mines will forthwith acquire the following
named interest in the following mentioned
properties, hereinafter set forth, to wit:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
PALM GARDEN PLEAsANTRIEs.
They Are Obnoxious to the Tenants
Upstairs.


A. Weinholzer, proprietor of the Palm
Garden saloon at Eighth and Waba-
sha streets, will appear before Judge
Orr this morning to answer a charge
of keeping a disorderly resort. The
complaint upon which the warrant was
issued is sworn to by Frederick G.
wagner. The complaint sets up that
We1nholzer suffers, permits and in
Vites evil disposed persons to come to-
and remain at his place, drinking large
quantities of intoxicating liquors. This,
the complaint alleges, causes swearing,
quarreling, tipping, reveling, and
makes loud noise and disturbances in
the night as we'll as the day time. The
particular date when this all occurred
at the place is given as Nov. and
two months prior to the date
F. c. Wagner, the complaining wit
ness, is identified with the A. O. U. w.
order, which has lease on the upper
part of the building, and those inter-
ested in the renting Of the halls claim
that the saloon seriously interferes
with the renting of the upper part of
the building. Something like $4,000
has been expended by the order in fit
ting up the halls and the running Of
the saloon has interfered with the
money-making part of the rentals. An
attempt will be made to prove that
there are undesirable and criminal
classes constantly in the saloon, and
that undesirable characters make it a.
practice to encroach on the parts of
the building leased by the Worknren
Weinholzer says he is not worried over
the matter, and contends that his pa
irons and customers are respectable.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
STORM OF YESTERDAY.
1t Is But Foretaste of Coming
Winter.

There was real wintry weather yesterday,
and the snow was Of a persistent, durable
nature. 1t was the first effective snowfall
of the season. The storm began at early
hour in the morning and increased in vigor
during the day. 1t was not merely local, but
extended very generally through the West
and caused the delay of several of the trains
from the coast. The district of the North
west between Minneapolis and Alberta B. c..
was generally invaded by cold weather. the
temperature varying from twenty -four to four
degrees above zero, the latter Registering the
temepature of Alberta in the morning.
Snow fell in Duluth, Huron, Qu'Appelle and
Battleford. Elsewhere the conditions were
cloudy without snow. Locally there was an
east wind, twelve miles an hour.
The railroads suffered less than might have
been supposed. The heaviest fall, according
TO the reports obtained last night, seemed
to have been on the Chicago. milwaukee, &,
st. Paul line, in the vicinity of MiIbank.
wnere the snow lay to depth of one and a
nalf feet, and was still falling. The trains
were all on time however.
The evening reports from the Northern
racine offices were favorable. Snow was fall
ing throughout the western part of the state,
put was not very heavy and did not drift.
cleared, and all the early trains arrived on
cattle trains.
The east bound train over the 500 Pa
cific line from the coast suffered the heaviest
delay. Due at p. M, it did not arrive until
o:SO, being two hours and thirty minutes
ldCc II Was TOUR hours late on the Canadian
Pacific division, but made up one and a half
hours The eastern division of the 500 line
was not affected.
The Great Northern trains were running
on time and the line was in good working
order. The 1880 o'clock passenger due this
morning was reported all right running at
good speed. The snow along the line is not
very heavy.
Coming from the east, the D. M passen-
ger train of the Chicago & Great Western
was delayed fifteen minutes.
The Chicago, st. Paul, Minneapolis and
omaha lines were working satisfactorily, the
western trains, passenger and freight, run
western division, near Luverne delayed traf-
fic several hours but there was no report of
anything more serious.
The Minneapolis & st. Louis road exper-
fenced no delays, there being little snow along
its line.
The local street railway was not disabled
The chief difficulty was in stopping and start
ing the cars, thin coating Of ice forming
on the rails and slipping the wheels. Mat
tiers grew worse rather than better toward
night, although the service remained I'M
broken.
The storm developed Sunday in the country
southeast of Kansas and extended Yesterday
morning as far north as the upper portion of
Nebraska. It's influence extended last even
ing all through the Northwest, and was
slightly felt in the region of the Great Lakes
The greatest interference lay in the territory
to the north along the Canadian border. both
north and SOUTH The predictions provide
continued snowfall today, with colder weather
tonight.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
THROUGH CALIFORNIA SERVICE
Via "The milwaukee,"

A fine Pullman Tourist Sleeping Car now
leaves Minneapolis at S:25 and st. Paul at
S:35 every Saturday morning and runs through
to Los Angeles, Cal, via Kansas City and the
Santa Fe System, without change, arriving
at destination LIS p. m. following Wednes-
day.
The journey via this route is through very
interesting portion of America, and the hard
ship incident to winter travel through the
more northerly climate is avoided.
Rate per double berth $500 through. For
berth reservations, further information as to
rates, etc., apply to THE MILWAUKEE,
agents, or address ]. T. Conley, Assistant
General Passenger Agent. St Paul. MINI.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
ANNOUNCEMENTS

TO THE STOCKHOLDERS OF THE ST.
Paul & Northern Pacific Railway Com
pany: Notice is hereby given that
: pursuant to a resolution of the board
OF directors Of the st. Paul 81
Northern Pacific Railway Company.
adopted at a meeting held in the
City of st. Paul. State Of Minnesota, on
the 18th day of September, 1896, a special
meeting of the stockholders of the st.
will be held in the City of st. Paul, State
OF Minnesota, on the goth day of November,
A. d. 1895, and that the business to be
transacted at said meeting will be to pass
on proposed sale of all the railway, land
grant and other property of the ST. Paul
& Northern Pacific Railway Company to
the Northern Pacific Railway Company, and
decided upon. Dated 18th day Of October,
1896. Charles F. Coaney, Secretary of ST.
Paul Northern Pacific Railway Conn
pany.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10

county. The court has already this
term declared it's belief in the validity
of the law under which the annexation
CT the territory was made, but there
ere certain conflicts in the testimony
as to facts which remain to be cleared
up, and the court will today hear a
motion for the appointment of a ref
cree to hear the testimony in the dis
pute. 1t is probably that for conven-
fence ssake, some attorney living in
the northern part Of the state will be
ramed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
DIED.

PAYTE-In st. Paul, Mimi, Nov. 8, 1896, az
the family residence, No. 326 Maple street,
Charles Freeman, aged eighteen years,
youngest son of Eliza and the late William
T. Payte. Funeral from st. Peters church
today at L o'clock. Interment at White
Bear, MINI.
MCORMICK-John, at his late residence 439
Eighth street, Sunday, Nov. g. aged So
years. Funeral from above residence Tues
day morning, Nov. TO- at S:45 o'clock. Serv-
Ice at st. Mary's church at o'clock.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Santa Fe Route-Ca1ifornia Limited

Leaves Kansas City Thursdays and Sundays
at $50 a. M, reaching Los Angeles in Sc
hours and San Diego in 6O1a hours.
The equipment of this splendid train con-
sists of superb vestibued Pullman palace
sleepers, buffet smoking car, and dining car.
Most luxurious service via any line.
Another express train, carrying both palace
and tourist sleepers, leaves Kansas City at
2:25 p. m. daily for Los Angeles, San Diego
and San Francisco.
Inquire of c. c. Carpenter, Pass. Agt., 51S
Guaranty Loan Bldg, Minneapolis, Mimi.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
LOCAL NOTICES.
After Election

Those who have remained home to vote will
find pleasant recreation by taking a trip over
the Wisconsin Central lines when going to
Ashland, Milwaukee. Chicago or the East and
South. Through Pullman sleepers on night
trains. Cafe Parlor Cars on day trains Home
seekers excursion and settlers rates to the
South and Southwest. For particulars call
at city ticket office, No. 373 Robert St
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Homeseekers, Excursions

Tuesdays, Nov. IT, and Dec. and 49, via
Chicago Great Western maple Leaf, at rate
of one fare for the round trip, with 81 90
added, to nearly all points in Iowa, the
Southwest and South. Good twenty-one days.
Stopovers on going trip. See G. E. Robb, C.
P. and 7. A., Fifth and Robert streets.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Prominent Lawyer Dead.

BRIDGETON, N. j., Nov 9.-Col William
E. Potter, one of the best known lawyers in
New Jersey, died today after a prolonged
illness. He was one Of the six officers de-
tailed to deliver the colors surrendered by
Lees army to Secretary Edwin NJ. Stanton
at Washington May 1, 1865. He was a dele
Of 1853 and 1876 and an elector on the Gar
field ticket in 1880.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Phillips California Excursions.

Two through cars weekly from St. Paul
via the Minneapolis st. Louis railroad,
Albert Lea Route" Tuesdays car runs via
Kansas City, and thence through Texas, New
Mexico and Arizona. Thursdays car runs
via Omaha and through Colorado and Utah.
For full particulars apply ticket Office, 1856
Robert street. corner Sixth street.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Par Excellence California Route.

Phillips excursions, every Tuesday and
Thursday, to California points via Albert Lea
route. Through cars, finely upholstered, po-
lite attendants, cheap rates. Apply 1886 Rob-
ert street, corner Sixth street, for full in
formation.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10

plaintiffs mortgage, or in not submitting the
question of such construction to the jury.
4. Upon the simple issue as to whether a
party has paid taxes upon land, the receipt
OF the county treasurer is prima facie evil
dence Of such payment. Judgment affirmed.
Start c. J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
NEW POST AT BISMARCK.
Gen. Merritt and Party Leave to
Locate 1t.

Locate 1t.
Gen. Wesley Merritt, commander of
the Department of the Missouri, U. S.
A, arrived in the city yesterday &C
companied by a party OF officers from
Chicago, en- route to Bismark, N. D.,
to decide upon the location of a new
military post to be erected at that city
and for which an appropriation from
congress has been secured. Gen. Mer-
rift and party left at PAS o'clock in
the afternoon in a special car attached
to the Northern Pacific overland train.
r. B. G. Bement accompanied the
party.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
ANOTHER DRESS GOODS SALE

This week-a11 the seasonab1e novel
ties-many of them exclusively here
only. A partial list:
COLORED DRESS GOODS.
Ho1nespun Cheviots, all pure wool,
in all the leading autumn mixtures,
40 inches wide, excellent value -
at SOC yard. Our Special NC
AASC''.
Bourette Novelties, Armure Checks,
two-toned Diagona1s, Scotch 1T
Suitings. with Silk bugs, worth 4iC
75c yard, for ....
Panama Suitings, extremely stylish,
in red and black, brown and black,
green and black, purple and black,
olive and black, a. inches II
wide, well worth $1.oo a yard, &C
. .
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
CAss-CRow WING FIGHT.

Supreme Court May Appoint Refe-
rec Today.
The supreme court will probably
name a referee today to take testimony
in respect to the proposed annexation
Of part of Cass county to Crow Wing
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
TO THE SALARY PLAN.
County officers VIII Switch at New


The county commissioners at their ad-
journed meeting yesterday directed the coun-
ty auditor to furnish a statement giving a
complete list of his clerks and the salaries
paid each. After the first of next January all
the county offices, save that of the clerk of
courts, will be conducted on a salary basis
all fees going to the county. The board Of
county commissioners will therefore fix the
salaries paid to county officials.
The board is to open the Cleveland road
through RosetOMn and Mounds View
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10

NIT TNEDV DEPARTMENT showing seaonab1e nov
omey trimmed mbination of and
ow being
large of Birds, Quilts, Aigrettes
Buttericks Publications.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Globe-.1-lo-se
BLACK DRESS GOODS

Wonderful bargains in Extra Super
French Serge-jet black on1y-fu1l 49
inches wide, all pure wool, the At
SOC yard kind. Our special nc
price.
Novelties in Tufted Mohairs, Bot
rettes, Marage Zibe1ines, Canvas
Broche, Granite Ground Jacquards.
Wide Vale Diagona1s and Wide Vale
Cheviots, so inches wide-ex- 7F
cellent values at SIPS a yard. &C
Our special price. ........... oS
Cameps Hair Cheviots, 4S inches
wide, at ST. Is, S1.50 and $500 yard.
Piero1a Cloths, the latest novelty for
Skirts and Costumes, Al in Gs1 IN
c che WIDE the $500 quality, sOI.JV
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
BIRTHS.


DEATHS.
Mrs. Benjamin Swartwont, city hospital. SO yrs
John Mccormick, 439 East Fights st. 49,. "a yrs
James Lynch, 246 Dunedin Terrace ....76 yrs
William Lewis, 455 North Fort St SO yrs
Carolina Salchow, 916 Case st. yrs
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
MARRIAGES. BIRTHS. DEATHS.
MARRIAGE LICENSES.

MARRIAGE LICENSES.
Louis Luger ............... Gertrude M. Lahr
Joseph Koppy, Stearns county. ........
Theresa Weinhandl
Charles J. Larson ..................S Selma Mold
Henry Slovetsky ............... Sarah Kosofsk
Thomas O'Connell ....... Margaret A. Traney
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
APPLYING THE TEST.

Let us apply this test to this contract. 1t
is true that in the antecedent negotiations,
in the letter by which the Merritts estimated
the value of their property, and in the con-
tract itself, the parties sometimes referred to
the values which they fixed cash valua-
tons, and as the amounts at which they would
be willing to buy or sell the property, but it
is also true that the letter by which the
values of the original stocks of the Merritts
were fixed, declares in express terms that
the signers have tried to place a relative
there stated are their estimate of what the
different properties ought to bring in the
consolidation and that the contract itself
is not in terms that these properties were
worth the amounts there stated, but that
the consolidated mines should acquire the
stocks described at the rate of the values
there recited to pay for them in its own
stocks at 80 per cent of their par value.
None of the parties to the contract were buy
ing or selling or contemplating the purchase
or sale of any of these securities for cash or
its equivalent. The defendant not buy
ing or intending to buy any of the stocks or
property of the Merritts. They were not
selling or intending to sell their stocks under
this agreement They were simply exchanging
the stocks which they owned in several cor
porations for stock in single corporation,
which they intended to control, and which
was to own the same property that they then
held and more. The defendant was not SELL
ing. and the Merritts were not buying his Sc
securities for cash, but he was simply eX-
changing them for mortgage bonds of the new
corporation, which the Merritts were to con-
troll payable in ten years from their date,
with interest at six per cent per annum.
Here then were the promoters Of new mining
corporation fixing values at which one set
of parties would exchange their individual
stocks in several corporations for $21, 900 600
Of stock in the new corporation, and the
values at which their new corporation would
exchange it's ten year bonds to the amount
of $4,299,00O for the securities of another
party. Undoubtedly they might have found
and agreed what the market values of all
these securities were on a sale for cash, and
they might have contracted that these secur-
tiles should be deemed of the values which
they stipulated in all controversies that should
subsequently arise under the agreement. But
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10
Matte Miller, respondent. vs.,

Railway Company appellant
Evidence as to the defendants negligence
in suddenly starting it's street car before the
plaintiff was safely aboard of the car whereby
she was injured, considered and held 10 sus-
tain a verdict for her.
Held further, that the damages awarded are
not excessive. Order affirmed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-10

LuaR compensatory udHdStS.
COURTS RULINGS FATAL.
Another universal rule for the ascertain
ment of damages in oasses of this character
is that they must be the natural and prox-
innate consequence Of the injury. They may
not be remote that the wrongdoer might
not have reasonably expected them under
the circumstances of The particular case. Jex
VS.. Straus, 122 N. Y. 293, 3O1; Sutherland
on damages q; Sedgwick on damages 9th
ED, 142; Greenleaf on evidence, 256; /
Addison on Torts, 6; Ryan VS.. N. Y. c. R. R.
Co., 35 N. Y, 210; Knight vs. Wilcox, IA N.
104; Lynch VS.. Knight, 8 II. L. Cas-, 577.
Who could have reasonably expected that the
fraudulent increase Of the mortgage indebt-
edness Of a corporation, that had issued stock
to the amount of $21, 900 600, from SIS ,149 to
ST. 299 900 would injure the corporation and
deprecate the value of its stock Sc $50, 000
or more than four times the increase of its
mortgage debt? Who could have anticipated
such an amount of damages as the natural
or probable result of an injury that would
have been fully compensated by the payment
of less than one-fourth of that amount to
the corporation? These questions seem to us
to be susceptible of but one answer. We are
convinced that damages so enormous could
not have been reasonably expected to follow
from, and could not have been the natural or
probable consequence of so relatively small
an increase of the mortgage debt of SO gil
gantic a corporation. This view is con-
firmed by the fact that the reduction of the
mortgage debt of this corporation more than
81, 900 by an exchange of its first mort
gage bonds and accrued interest for it's stock
at par in January, 1894, did not appreciate
or change the market value Of this stock by
as much as one per cent of its par value.
The errors in the rulings of the court be-
low relative to the measure of the plaintiff s
damages, which we have been considering,
are fatal to this judgment and necessitate
a retrial of the case. There are many other
assignments OF error, and they present many
interesting questions, but their consideration
and decision would not change the conclusion
at which we have arrived. The Judgment be-
low must be reversed with costs, and the
case must be remanded to the court below,
with directions to grant a new trial, and it
Is so ordered.