davidaulloa/AmericanStories huggingface dataset:
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10
The TOplif Litigation

Pioneer Press: In the matter of ap.
plication for a receiver for the store
known as Topllff & Co., before Judge
Kelly. the order was denied, the plain.
tiff, DePuy, by his attorney, failing to
show that the defendants have acted
other than in good faith, and the facts
developed having shown that there was
no conspiracy nor injustice to creditors.
1t was also proven that George r. Top
lift left his property 10 this state for the
benefit of his creditors before leaving
here, and that Frederick Topliff had not
been partner for over year. In the
matter of application for receiver for
George Il. Toplff and Frederick Toplitf,
motion was denied, on statutory grounds.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10

of by you in your examination, that the
seal appears to have been broken by
raising the lids, except the Third ward
precinct Of jamestown ballot box?
A. I find five besides the Third ward.
@. When did you drst notice that
there we're five with seals open?
A. On my present examination.
The witness was then turned over
again to B. w. Fuller's attorneys for re-.
direct examination.
@. When you first opened the Third
ward ballot box, upon your direct ex-
animation, did you then take all the
Official ballots from the box?
A. Yes sir, I think I did.
Q. When you again returned those
ballots to the box after first opening 1t,
did you not lay all the ballots face to
face and roll them together?
A. I laid them back to face and
rolled them together.
@. And were the entire 136 ballots in
this box, included in that roll?
A. Yes.
Q. What was the length of that roll
as thus made up?
A. About 21 inches long, and inches
thick.
Q. Will you measure the slit in the
box and give it's length and width?
A. "a Inches long. Is inch wide.
@. AT all times while in the box, from
the time the box was first opened by
you, down to the present, we're the
official ballots rolled together IN the
form you have described?
A. As near as they could be un
packed and rerolled.
@. Would 1t be possible with the
ballots rolled together as you described
for anyone to extract or take out OF the
box through the slit IN the lid, without
opening the box, any or all of the
ballote2
A. / think not.
@. During all this time was the key
to the box IN your possessiono
A. Yes.
o. Is the paddock and box from the
Third ward precinct now IN good con
dition, with nooappearance Of having
been broken open?
A. It seems to be in good condition
with no appearance OF having been
broken open.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10
From Thursdays Daily.

The taking Of testimony in the cleo
tion contest OF B. w. Fuller against E.
NJ Sanford for the senatorshlp of this
district is now in progress at the court
house before T. e. Branch, notary pub
lie. The examination Is progressing
slowly County sAuditor John Ven
mum has been the only witness on the
stand. Mr.. Fuller is represented by
Attorney Ellsworth and Mr.. Sanford for
himself
Mr.. Sanford objected to any testimony
being given by Mr.. Vennum and others
mentioned in the notice Of contest serv-
ed upon the contestee, for the reason
that there Is no foundation laid for the
taking of such dispositions, and because
the notice of contest is uncertain and in.
sufficient.
The testlmong given by Mr. Vennum
yesterday morning related to the receipt
OF the election returns from Plngree and
Montpelier precincts. A demand was
made Tor the ballot box IN the Second
ward of the city, which was produced by
Mr.. Venunm, and the ballots counted.
Mr. Vennum said there were 22O. He
was requested to count the votes and
found 1O7 marked for Mr.. Fuller. Mr.
Sanford received 50 votes IN the demo-
crat column, and 81 in the independent
column. Only one ballot was discovered
with Mr.. Sanford's name marked ia Doth
the democrat and independent columns.
Seven ballots in which alleged irregu-
larltles were discovered-some foreign
to the office of state senator-were
copied and introduced in evidence.
The ballots in the Third ward were re-
counted. Mr.. Vennum testified that
there were l36 on which Mr.. Fuller re.
ceived 96 votes and Mr.. Sanford 81 each
in the democrat and independent col
umns. Ten ballots were discovered in
which the voters had voted for both San
ford and Fuller, This left Mr.. Fuller's
vote IS. On 13 ballots Mr.. Sanford was
voted for in two columns. Copies were
made OF II ballots and entered as ex-
hibits.
Mr.. Sanford objected to the introduc-
ton Of the copies Of the ballots in evil
dence, because of their immateriality and
and that it was but por-
ton of the ballots cast at that vote
Today Mr.. Fuller asked for certified |
copies of every ballot cast in the Third |
ward,
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10
To Correspondents.

All regular correspondents OF the
Weekly Alert, as we'll as occasional con-
tributors, should sign their names in
every instance, not for publication but
for guaranty that the articles are from
whom they purport to be- Unsigned
communications will not be noticed.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10

Estrayed from my farm southwes of
Sykeston, N. D., on Nov. let, one red
COW; one two year old bull, spotted red
and white; one two year old heifer; one
two year old steer. and two calves also
spotted red and white. Address Jacob
Fast, Sykeston, N. D., or Tenbore
Martin & Co., Csrrlngton, N. d.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10


Mr.. Fuller's attorneys, and the witness
was then cross-exsmined by Senator
Sanford.
Q. Who made the tallies of votes
cast as shown by the returns spoken Of
by you. on Nov. 3, '962
A. Sam VsndenberG and Harry Past.
.. We're the returns made out correct
by The election board OF the Third ward
preclnotS
A. Az correct az they knew how
suppose.
Q. DIG you not certify to their cor
reCtnees?
A. believe / did.
q. Had they been incorrect, would
you have so certified?
A. I did not know they were insor-
rect.
Q. Will You please answer the ques.
tionS
A. I would not Sign anything chat
was incorrect if knew it.
The witnesses then testified that the
slit of the box was sealed with the wax
seIt in the box, sod was asked:
@. What kind Of paddock was on
the box?
A. A black paddock, that is all l
know about it.
@. What was the size of the paddock?
A. About three inches one way, and
probably four inches the other.
O. Was the key small fiat key?
A. think the key was round, with
hole in 1t.
Q. Did you seal the paddock or take
any steps to secure the contents of the
pox, other than the locking of the box?
A. No.
Q. Where do you work, and when do
you 60 to work?
A. jamestown stockyards, and I go
to work Whenever they call me.
@. From Nov. 3, to Nov 80, 1896,
we're you not frequently away from
home all day long?
A. Yes, some days.
@. Who do you leave at your house
when you are away? y
A. My wife and children.
1t having been reported oE the street
that the discrepancy IN the number OF
vote could be accounted for by .supposing
taat the precinct board had counted the
tickets by tirst going straight down the
republican column and tellylng all
marks, and then the other columns the
same way, the witness was asked:
@. In counting the ballots did your
election board place rule across the
ticket so as to sec where cross in the
circle before each name appeared on the
ballot?
A. I think some of them were
counted that way.
The question being repeated with es-
peclal reference to the office OF senator,
the witness replied:
A. We tried 10, don't know whether
we did or not.
As the tickets now appear, il the elec-
ton board had gone straight down the
republican column and Tailed every
mark Tor Fuller it would have shown 1O7
votes for Foiler instead of n, as the bal.
lots now snow Fuiler's name marked sc
times, those of Sanford and Fuller
marked on the same ticket II times.
On redirect examination by Attorney
Baldwin for Mr.. Fuller, Mr.. Moses was
asked:
@. At the tine you handed the box
to Auditor Vennum was the box sub
stantiaIly in the same condition as when
you took 1t FROM the Third ward polling
place on election day?
A. Yes.
This closed the examination.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10
the examination.
Lost in the Storm.

A Norwegian employed by Geo. Acker-
man. who lives four miles west Of Mel
vile, left the stable Thursday evening
during the ste rm to get pail Of water.
The we'll was but short distance away,
but the man missed it and after walking
several hours came out on the Northern
track few miles north OF Melville.
Walking north a short distance he came
to Farquar siding, commercial spur,
four and half miles from Melville.
Here he spent most OF the night IN q
box car. Toward morning, fearing he
would freeze, he went sonth on the track
until be found farm house where he
staid until the storm abated.
North Dakota Patriot OF Valley CITY
has the followlpg: 1t is now almost
absolutely certain that when the snow
disappears the body Of Adolph Olson,
brother Of Charlie Olson OF this city, will
be found lying dead. Adolph lived with
his brother Oluf on the old Holiday
farm just this side Of Sanborn. On
Thursday evening Adolph and Oluf went
out to the barn, some ten rods Of from
the house, to milk the COWS. Adolph
got through milking first and started for
the house Oluf following few minutes
later. On arriving at the house ne was
surprised to find that Adolph was not
there. He went outside and called fre-
quently, but received no response. He
then had Mrs. Olson go to an upper
window and listen while he again called
number OF times but no answering
voice came back through the storm.
Not daring to venture out in the storm
there was nothing left for the unhappy
Oluf but to remain in doors and bemoan
the probable fate of his unfortunate
brother. When the storm cleared away
a systematic search was made but up to
the present no trace OF the body has
been discovered. The report that he
was found standing dead. in a snow drift
with upllfted hands, 10 untrue.
Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1896-12-10

Taken UPON section IA. township l39
range 62. One rusn mare about three
years old, one bay horse about three
years old. Owner, prove property and
pay expenses Of same. Wm. Farley,
SpiritWood.
The midland journal., 1896-06-12
Prize Babies.

A baby show was held in Middle
town, Del, last week. About forty
infants from all parts of the state
and Cecil county, were displayed.
The first prize was awarded to
Claude Brooks, of Newark, aged 10
months. In the class from 1 to 2
years old Katherine Lord, of
Camden, got the prize. Claude and
Clyde Appleton, twins of Middle
town, got the prize for twins, and
the prize for the largest baby went
to Alice McCauley, of Galena, Md.
The youngest mother was Mrs.
Bender, of Port Penn, and the
oldest Mrs. Whitelock, of Middle
town, both of whom got prizes.
The judges were Colonel e. L.
Martin, of Seaford; Colonel e. T.
Cooper, of Dover; Francis II. Hof-
fecker, of Wilmington; w. P. Biggs
and Charles P. Cochran, of Middle
town.
The midland journal., 1896-06-12
Wanted.
SHOWING THE

A MAN from June 18th, 1896, until June 10Th,
IN 1897, to do and perform the following duties
for the Board of Commissioners OF the Borough OF
Rising Sun, Cecil Co., Md:
1st. To keep the street lamps in good order, ana
attend to lighting and extinguishlng the same
2nd. To work on the streets and sidewalks ana
keep the same in good order, at all times.
3rd To act as Baliff for the Town, empowered
with the same authority as any Constable of the
State of Maryand) looking after all violations OF
law detrimental to the good order and good
health of the Town. In short to be constantly
employed by the Borough and to consider ms
time as paid for by the same. devoting to the
work such part of the evenings and Sundays as
duties of Bailiff and lamp-lightng demands
Sealed applications will be received for TINS po-
sition by any of the newly-elected Board OF COM
missioners on or before June 18th, 1896, at II
O'Clock noon
All applications will be opened at the same
limits of the populated portion OF the Borough.
The application must state the applicants age,
and the annual salary expected for the services,
to be paid in monthly payments. He must agree
to leave at least one half of a months wages
unpaid at all times as an earnest for the COM
pletion of the contract to be paid at the end OF
said contract. Should his services be dlscon-
tlnued at any time by the Board he shall be paid
in full to date, but in case he shall abandon the
work without giving fifteen days notice, or With
out a mutual agreement, he shall forfeit the
fifteen days unpaid wages, excepting in case the
default shall be caused by sickness.
Board reserves the right to reject any ana all
bids.
E. H. WoRTHINGToN,
JNo. C. HINDMAN,
GEO. r. GRASON,
A. L. DUYCKINCK,
5i2t II. H. HAINEs,
Newly-elected Board of Commissioners.
The midland journal., 1896-06-12
County commissioners.

The County Commissioners OF
Cecil county met at their Office on
Tuesday pursuant to adjournment.
Present, j. Polk Steele, Dexter M.
Lee, S. L. Hindman.
The minutes of the last meeting
were read and approved.
Numerous bills were passed and
ordered to be paid.
Timothy Kelley and Thomas
Duke, of Port Deposit, appeared
before the Board asking the same
appropriation for Port Deposit as
last year. The Board after con
sideration decided to allow $400.
A large petition from the Sixth
district was presented asking that
the Philadelphia and Baltimore
Central Railroad Company be
ordered to provide a watchman at
the Liberty Grove crossing and at
the last crossing between Liberty
Grove and Octoraro Station. Said
petition was held for consideration
at the next meeting.
Adjourned to meet in special
session June Goth.
The midland journal., 1896-06-12
Chesapeake and Delaware Canal.

The annual meeting of the Chesa-
peake and Delaware Canal Com
pany was held in Philadelphia last
week and the following officers were
elected to serve for the ensuing
year: Joseph E. Gillingham, Pres. ;
G. HI. Hutchinson, Henry G. Ford,
R. Dale Benson, Hood Gilpin,
David Schulz, Thomas Mexican,
John Cadwalader, Andrew Gray,
William Drayton, G. Harrison
Fisher, Moncure Robinson, Edward
S. Buckley, Bernard Gilpin and
Charles R. Perot, Directors.
In the seventyseventh annual
report of the president and directors
it was shown that the revenue from
tolls for the year ending May 31st
was $155, ,691.43, and from other
sources $5,257 .93, total of $780,
949.36 The expenses of the year
were $47, 1888, leaving net earn
ings of $l13, 1S1 .O3. OF this latter
amount, $1O4,11S was paid as in
terest, and the balance of SO, ,063 .O3
surplus was placed in the contin-
gent fund.
The directors have elected Thos.
J. Cleaver Superintendent vice j.
Fletcher Price, deceased.
The midland journal., 1896-06-12
Bound for the Gold Fields of St. Louis

The Appeal reports:
VIM. j. Smith, delegate from
this district to the Republican
National Convention at st. Louis
will leave Baltimore Saturday after
noon and while en- route will be the
guest of Mr.. Crawford, the wealthy
bicycle manufacturer of Hagers-
town, who will have a Pullman car
attached to the special train of the
Young Mems Republican Club OF
Baltimore. They will arrive in st.
Louis ON Sunday evening, and be
escorted by band to their head
quarters at the Laclede Hotel,
which will be appropriately deco
rated. 1t is expected that the
Marylanders will cut a larger figure
in the convention this year than
they have done for many a day.
It's nothing to ''be an angel and
with angels stand" compared to
being a politician and with the gold
bugs ride in palace cars and fare
sumptuously.
The midland journal., 1896-06-12
The Irrepressible Races.

The Baltimore Meas publishes the fol-
lowing interesting piece of news.
President A. F. Burns of the Maryland
Racing Association lately visited Havre
de Grace with the announced purpose Of
securing site for race track to be used
after the Barksdale, Cecil county meet
closes on the 18th inst. He says that sac
horses and 500 men would be kept at
Havre de Grace for 80 days, and that the
business of the town would be increased
$1,000 day. Mr.. Burns is anxious that
the citizens should approve of the racing,
and Tuesday he will decide whether to
build a track at Havre de Grace or
another in Cecil county, i'll the vicinity
of Elkton.
1t will be nip and tuck between Havre
de Grace and Elkton for that $1,000 day.
The white robed angel of the pulpit will
dip her wing and justice will veil her
blind eye. Sound money" is good
thing to aid in spreading the gospel and
also to strengthen the arm of Justice.
The midland journal., 1896-06-12
Died.
LEWIS T. BUCHANAN.

Lewis T. Buchanan who has resided the
term of his long life in the neighborhood
of Elkton died on Thursday morning,
June 4th, at his residence in that town
aged II years. He had been an active
farmer during the prime of his life, and
worked the Creswell farm several years
including the war period in that time.
THOMAS R. GRIFFIN.
Thomas R. Griffin of Chesapeake City
died suddenly on Friday night of hear
failure. He had just finished his supper
when he complained of feeling badly and
in few minutes expired.
ANDREW T. KIDD,
Andrew T. Kidd died at his home il
East Mauch Chunk, Pa, on Thursday
May 2sth of Bright's disease. Mr.. kidd
was born at Port Deposit.
His parents were James and Anna kidd
who reside in Lancaster county, Pa.
The midland journal., 1896-06-12
and ordered to be paid as folio
*One school out.

Il. Jenny Walton, teacher OF
school No. 1, colored, First, having
raised ten dollars the Board added
trn to it. Payable to q. Porter
Lusby, trustee.
The following designations were
received:-Helen A. McCauley,
No. 4, Third district, Maggie p.
Lakeland, assistant, No. 5, Fifth.
The following Boards of Trustees
reported their organization:-No.
1, Fifth district, j. G. McNamee,
president, W. J. Wilson, secretary;
No. 5, Fifth, j. w. Falls, president
Charles E. Beatty, secretay; No. 6,
Fifth, w. j. Clark, secretary; No.
10, Fifth, Fl. Trimble, president,
J. Z. Armour, secretary; No. 2,
Sixth, J. Thomas Riale, president,
w. I. Brickley, secretary; No. 4,
Sixth, r. B. Marshall, secretary;
No. 6, Sixth, B. Reynolds, presi-
dent, H. J. Sheppard, secretary;
No. 1, Seventh, G. W. Ward,
secretary.
Trustees will note that they are requir-
ed by the State law to qualify, organize
and report within thirty days after their
appointment, or they cannot be recog-
nized as trustees.
The bill of H. R. Torbert, printing, of
81 .SS was ordered to be paid.
C. w. Wilson, contractor for the High
School, appeared before the Board and
asked to be released from his contract,
alleging that he felt his entire inability to
complete the building withing the time
specified aud for price named. The Board
was of the opinion that it was obliged to
exact from Mr.. Wilson compliance with
the conditions of his contract, he having
given full and sufficient bond for that
purpose. The Board offered, however, to
make certain alterations in the character
of some of the material and work which
would relieve the contractor to some
extent, which the contractor accepted.
The Secretary was ordered to advertise
for plumbing and steam heating of the
building. Proposals to be opened at one
O'Clock on Tuesday, June 20.
The midland journal., 1896-06-12
Children's Day at Rising sun.

Children's Day services at Rising
Sun M. E. church last Sunday
evening were of an especially fine
character. They were on the
military order and made an interest
ing and pleasing spectacle. In the
pulpit was erected large cross
draped with "Old Glory" on
which was inscribed "Our Young
Crusaders" w. Louis Ryan, supt.
of the Sunday school, impersonated
the commander in n-chief of the army
and the captains of the different
divisions reported to him and gave
an outline of their work. Each
division was summoned by a bugle
call, given by Henry S. Smith on a
cornet. The different squads
marched in, each bearing a banner
on which was the name of their
division, showing the branch of
work they represented. These
exercises were interspersed with
singing and recitations. The
musical program was a feature in
itself, the choir being reinforced by
several members of the Rising Sun
Band with their horns.
A number of Oxford visitors who
are connected with the M. E.
Sabbath school at that place were
present and were so pleased with
the exercises that they have decided
to duplicate them in Oxford and
asked for the loan of the various
banners used and the request was
lgranted.
The midland journal., 1896-06-12
Don't forget the Mechanics festival in

Don't forget the Mechanics festival in
Rising Sun this and tomorrow evenings.
c. M. Childs, formerly resident OF
this place, and a noted collector for a
harvesting machine company, is now an
employe of the Delaware Hardware Com
pany of Wilmington.
Mr.. H. H. Haines, president of the
National Bank of Rising Sun, has been
appointed by the Board of Public Works,
state director for Phi1a. and BALTIC. Division
of the Pennsylvania Railroad.
Rev. w. T. Hammond of North East
will preach in the NJ E. church on next
Sabbath morning and the Epworth
League will have charge of the evening
service. Mr.. Hammond will preach at
Sylmar in the afternoon.
James Adams, one of the small fry
thieves, who was arrested in this county
few weeks ago charged with stealing
turkeys from w. K. Warden of Coleraine
in January 1895, was found guilty at Lam
caster last week, and given a job by the
state.
The story published by the Appeal that
c. w. Wilson had thrown up his contract
for building the high school at Elkton is
without foundation. Mr.. Wilson has had
several men at work on the job for the
past two weeks and is pushing the work
rapidly.
Thursday evening of last week while
Homard Terry was i'll conversation with
Joseph Woodrow his horse rubbed the
briddle off and started on run and was
not stopped till reaching Colora. The
wagon was smashed and the animal had
sustained severe injuries in his race.
Bass fishing on the Susquehanna is re-
ported excellent, the fish biting well.
The fish commissioner of York county
contemplates stocking the river with an
other ravenous fish called the muscallonge.
This new colonist is of the pike order,
and is said to be a great bitter and grand
Fighter"
The midland journal., 1896-06-12
Horse Fell on Him.

Earl, a young son of Tobias
Brown, while riding horseback
through Colora last Saturday night
met with a serious accident by the
horse falling upon him. The boy
was riding at a gallop, when the
horse stumbled and rolled ON him.
DIR. Crothers was summoned and
after an examination reported no
bones broken, but that the lad was
badly injured otherwise. He is
improving and in a fair way for
recovery.