davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Police .LOtfingS.

Fred Fisher and Tony Aydt, the two news
boys arrested Sunday for stealing papers from
doors,eTs where they had been left by car
riers, were severely lectured by Judge Twohy
in the police court yesterday and schargCd.
The age of the lads moved the compliments
in the to withdraw the charge Of
larceny lodged against them.
John Smith living with his family at 299
Kentucky street, who was arrested Saturday
upon warrant charging assault and battery
sworn out by mis- wife a month ago, tried
in TIE police court yesterday and sentenced
to ten days in the WorkhOuse.
Michael Flynn the railroad switchman ar
rested by officer O'Neil Saturday night for
the theft of several fowl from the rear of
223 Chestnut street, was arraigned in the
municipal court yesterday on the charge OF
larceny. Flynn claimed at the time of his
arrest that his family suffering for
food and that he had stolen the birds for
Their relief The same statement was made
to the court, and the continued to
permit of an investigation Of the mans cir
cumstances.
Joseph Zablowsky who killed a neighbor S
dog on the upper fats Sunday night and aft
erward threatened the lives of the owners
of the canine charged with drunkenness
and sentenced to the workhOuse for ten days.
John McPadden, arrested by Officer Markie
Sunday afternoon suspicion of being one
of the assailants of Charles Erickson, the
man claiming to have been slugged by two
strangers at Seventh and Kittson streets a
week ago arraigned in the police court
yesterday on the charge of assault. Erickson
unable to appear against McPadden yes
terday. and the case set for Wednesday
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

mits having lived with plaintiff at her
request, but denies the marriage.
The statute provides that in every
action brought, either for a divorce or
a separation, the court may in its dis
cretion require the husband to pay any
sum necessary to enable the wife to
carry on or defend the action" 1t is
clear that this statute applies only IN
cases where the relation of husband
and wife exists. Such a relation is
denied in this case, and until such
relation is established, or some further
showing made to sup ort the allegato s
in the complaint, the court cannot con-
sistently act in the premises.
The application is denied without
prejudice to a future application.
Frank Albert Hart, a resident OF
Hennepin county, has begun an action
in the district court for a divorce from
Sophia B. Hart According to the COM
plant, Mr.. and Mrs. Hart were mar
ried in New York state, eighteen years
ago last December, when each was
eighteen years of age. The plaintlff
alleges that his wife deserted him Oct.
1. 1894. and has since refused to live
with him. They have two children, a
| girl fifteen and a boy thirteen years OF
| age,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Minor Court News.

Louise c. Walsh and Olivia Walsh, of Con-
necticut have begun an action in the district
court against Daniel B. Merrill and others
to foreclose mortgage for $1,000.
Judge Willrich filed an order in the pro-
bate court yesterday allowing John Brugge-
man, son of the late Martin Bruggenan, to
continue the operation of the brewery, for
merry conducted by his father.
The will of the late Maj. George @. White
filed in the probate court yesterday. The
estate, valued at $500, is bequeathed to the
daughters of the !estator, who are named as
executors.
The schedules Of the assets of William B.
Smith insolvent, were filed in the office Of
the clerk Of courts yesterday The total assets
are $2,1S3 and the total liabilities $3,S76.09.
Judge Otis found for the Plaintiff Yesterday
in the foreclosure suit of the Northwestern
Mutual Life Insurance company agains. John
E. Haggenmller and others.
The suit of S. NJ. Magofin, receiver of the
Manufacturers Investment company, against
John b. Darling was tried and submitted be-
fore Judge Kelly yesterday. The acton is
brought to collect certain subscriptions to
stock in the Plaintiff company. Judge Kelly
took the case under advisement.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
OBJECTS TO A SALE
ENGLISH COMPANY WANTS SHU-
FELDT RESTRAINED FROM DIS
POSIN>- OF STOCK
IN THE MINNESOTA COMPANY.
TWO FAMILIES NAMED HART AIR
MATRIMONIAL INFELICITIEs
IN COURT.
WOMAN WHO WAS NOT MARRIED
Is Denied AIimOny by judge Lewis,
Who Insists That Only Wives
Are SO Entitled.
IN THE MINNESOTA COMPANY
WOMAN WHO WAS NOT MARRIED

Judge Brill signed an order yester-
day recurring Philip Shufeldt, the
president of the Minnesota Packing
& Provision company, which is now in
the hands of q receiver, to show cause
why he should not be restrained from
selling 295 shares Of stock of the 81.
Paul Refrigerator Car company. The
application is made by Attorney Kel-
logg, of Davis, Kellogg & Severance,
who represent the English company.
The order to show cause is based upon
an affidavit sworn to by Mr.. Kellogg
and filed in the district court yester-
day afternoon.
Mr. Kellogg alleges in his affidavit
that March IL, 1897, notice was served
on Philip S. Shufeldt requesting the
right to examine the books of the Min
nesota Packing & Provision company
of Minnesota Mr.. Kellogg further al
leges that March II, 1897. said Shufeldt
caused to be executed to himself four
notes of the Minnesota Packing & Pro-
vision company for $4,000 each, bear
ing interest at the rate of six per cent
per annum, payable on demand TO MS
own order and that as security Tor
said four notes, he took from the pos
session Of said Minnesota Packing "
Provision company 1925 shares of the
capital stock of the ST. Paul Refriger-
ator Car company, and claimed to
pledge the same to himself as security
for the payment of the principal and
interest of said four notes.
Mr.. Kellogg also alleges that the
minutes Of the board of directors and
shareholders of the Minnesota Packing
q Provision company do not snow any
record of any action by such board
authorizing any such transaction OF
the taking of such stock from the pos
Eession Of the said Minnesota Packing
d Provision company.
The affidavit reciteS that April 10
1897, contrary to the order of the court
Philip Shufeldt caused the sheriff O.
Ramsey county TO post four notices
of his intention to sell said stock Il
pay said notes. SAID sale was no
made April "a, but was adjourned un
til April % at 10 a. IN.
Mr. Kellogg declares that he is nov
endeaVOring to ascertain whether Their
was any consideration for said notes
and that he believes that there wa
none and that said transaction Wa
fraudulent. Therefore the affidavit
asks that Shufeldt be specifically re
strained, pending the determination Q
the action, from selling the said stock
The order to show cause is return
able next Monday.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
MUST BE MARRIED FIRST
Before One Can Make II Claim for
AIimOnN.

AIimOny.
In a divorce suit in which the real
question in issue is the marriage itself,
the alleged wife cannot have temporary
alimony and counsel fees awarded her
pending the determination of that queS
ton Such is the ruling Of Judge Lewis
in an order filed yesterday denying the
application of Mrs. Anastasia Hart, re-
curing Joseph Hart to pay her tenn
porary alimony and attorneys fees.
Mrs. Hart is the plaintiff in the action
for divorce against Joseph Hart she
is twenty-Six years of age and Joseph
is forty-six Mrs Hart alleges that
she and Joseph were married in Sep
TENDER, 1894, at Duluth, not after the
conventional style, but virtue of a writ
ten contract signed by both, in which
they declared themselves to be man
and wife, and agreed to live together
as such Mrs. Hart then sets forth
the grounds upon which she asks for
a divorce, which is cruel and inhuman
treatment
wholly disregarding his plighted
trCth,' continues the complaint ION
April 6, 1897. the defendant did will
fully and without cause or prOVocation,
wound, beat. choke, maltreat. etc. the
plaintiff and drove her from his house.
For all Of this Mrs. Hart wants a de-
cree of divorce. and also asks the court
to allow her $500 permanent alimony,
500 temporary aIimony and counsel
fees Mr.. Hart, in his answer, denies
that he ever married the plaintiff at
Duluth or any other place. He admits
that they lived together, but only by
her consent and at her consent, and
never as husband and wife
In denying the plaintiffs application
for alimony and counsel fees, the court
says in an accompanying memoran-
dun:
Plaintiff alleges a common law mar
riage with defendant. Defendant adj
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
REVIVAL OF Y. NJ. G. A.
Rev. G. II. Gamble Tells Christian
Endeavorers What's Being Done.

The quarterly meeting Of the St. Paul
Christian l5ndeaVor union was held at
the Plymouth Congreg atiOnal church
last night. A large and representative
audience of young people was present
The meeting was presided over by w.
G. Fordyce, president of the union. Rev.
c.. H Gamble, who is at present m
charge of the Y. M. @. A. work in St.
Paul, was the first speaker. He review
ed the work of the association, which
was abandoned four years ago. and
only kept alive by it's board of direc-
tors. Within the past six months the
association has opened rooms in the
Central block with a reception room.
secretarys office and a reading room,
equipped with periodicals., newspapers
and magazines, and is being we'll pat
ronized by the young men. c. K. Ober,
of the National Association of Y. M.
G. A., will be in the city the middle OF
next month, when an initial meeting
will be held to complete an entirely
/ new organization A call will be is
4 sued to the young men belonging to
/ eVangeliStic churches to meet there.
/ In this way they will begin with a
membership for a foundation, and will
work from the ground up. They eX-
/ pect to have every thing in readiness
for an extensive and aggressive work
by Sept l, when they will move into
more cOmmOdlOuS a. arterS.
w. N. Carroll, chairman of the state
! transportation committee, spoke of the
national convention held in July at Sar
. Francisco. He explained that the com
mittee was all at sea as to transporta-
ton facilities, as a rate of $50 had beer
named from st. Paul to San Francisco
and return. by the Transcontinenta
Passenger association. The supreme
court recently rendered a decision
which made this rate impossible. The
different passenger associations have
been trying to patch the matter up
and definate understanding may bt
reached at any time
The Holy Spirit in Young People;
Work was the subject Of ]. w. ConIey'!
remarks He dwelt at some length OF
the subject, urging Christians, espe
cially young Christians, to be constant
ly watchful Of their daily conduct. Rev
John Pringle spoke of eYangelistic WoEl
in connection with the Christian En-
deavor society. He thought public
evangelistic meetings were becoming
more and more popular, and the old
fashioned, sober Presbyterian meeting
were almost out of vogue. He said i
was quite hard to get some people GU
Of an old rut without taking off tn
wheels or breaking the shafts.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
DID NOT GIVE NOTICE.
Mary Keating's Suit Against Gutter
man RrOtherS Dismissed.

In the personal injury suit of Mary
Heating against Guiterman Bros, to
recover damages for an injury to the
hand and arm of the plaintiff, who
was employed as an operative in the
factory of the defendants, Judge Bum
ordered the jury yesterday to return
a verdict for the defendants. The testi-
mony showed that the plaintiff had
not given proper notice to the de-
PENDANTS Of the dangerous and defec-
tive condition of the machine which
she was operating at the time Of the
accident
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Supreme Court Calls Today.
Nos. 81, IS, SO, 100.
Dano-Norweginn Church Conc ert

DahO-NOFNeS18n OhurCh One eFt.
musical and literary entertainment Will
be given at Twin City hall, Rice and Uni
versity avenue Thursday night for the ben
eft of the Dano-Norwegian Presbyterian
church. Following is the programme:
Mandolin Orchestra - Capital City
Capital City Mandolin and Banjo club.
Prof. Harry F. Phillips
Reading-SeleCtion from The Bonnie
Br4ef BUSH ....:...:..-............
Rev. A. B. Medium. D. D.
Piano solo-"Gigne Bretonne". 80. Buchanan
Miss Grace l. Cameron.
Vocal solo Observation-Disclosures. Selected
Miss Augusta Wicklund.
Recitation-"A Tonsorial Result.
leonard A. Straight.
Vocal solo-"Pams' acknowledgements. Faure
Prof. Harry z. Phillips
Piano solo-"MazuTka Caprice 49,. Mason
Miss Grace l. Cameron.
Recitation-"rhe Justices Dilemma.
Leonard A. Straight.
Vocal duet-"Oh, That We Two Were
Smith
1 Miss Augusta WCElund and Prof. Harry e.
Phillips.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
CE>L5s-SG ZIA-.
The tat n
-,s--..., n UYN~A sverT
'Cz<<z@<T /NZ%LH/ vrarpea
FANNY RICE's COMPANY
Pass ThrGuGh st. Paul en- Route to
New York.

Fanny Rice, accompanied by her lit
tie daughter and several members of
her AT the French Ball" company,
passed through here yesterday en- route
from the Pacific slope to New York,
where the company opens early in May
at the Bijou. The company closed at
Winnipeg Thursday night at Grand
Forks the Elks Of the place rendered
to Miss Rice banquet and social SEES
sion. Miss Rice is an adopted daughter
Of the Roanoke, Va, lodge, and has
been made an honorary member Of the
Charleston, S. c., and Richmond, Va,
lodges. hence the honor Yesterday
afternoon she visited local photog-
rapher long enough TO have picture
taken Of a gigantic basket Of flowers
presented her by the Elks Of Grand
Forks.
Miss Rice says that. in spite Of the
bad foods between here and the coast,
the company did not miss a single
date owing to the precaution taken by
the officials of the passenger depart
ment OF the Northern Pacific road
Little Edith Mundy Purdy. Miss Rice
three-year old daughter, it will be re-
membered, starred as the mascotte for
the all star company which, includ-
ing Nat Goodwin, Joe Jefferson. Fanny
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Claims Against Jockey Club.

The Brennan Lumber company has brought
an action against the Twin City Jockey club,
Frank N. Shaw and John ]. O'Connor, to re
from the defendants on two promissory notes
dated Oci. 10, 1894, one for $1,000, payab e TO
the plaintiff, and the other note for $22o9.S4,
payable to the order of the Bank of Mime
sofa. the payment of which was guaranteed
by the plaintiff company, which, the complaint
alleges, it was subsequently compelled to pay.
E. B. Putnam has also sued Frank n. Shaw
to recover the sum of $500, alleged to be
due on a promissory note for that amount,
dated Anril % 1895.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Nonnemacher Gets Ninety.

Frank Nonnemacher, who was indicted IN
der the charge Of assault in the second de-
gree, on complaint Of Policeman Hagen, VINO
accused Nonnemacher Of striking him on the
head with a pickax, appeared before Judge
Lewis yesterday for trial. Nonnemacher was
allowed the alternative, however, OF pIeadiAg
guilty of simple assault, privilege OF winch
he promptly awaited himself
HIS attorney requested the court 10 alo"
Nonnen:acher the alternative Of fine but
Judge Lewis did not see any c9use Tor me
exercise of clemency, and imposed a straight
sentence of ninety days in the workhouse
without any alternative.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

Rice and Mrs. John Drew, played q
short season of THE Rivals last year.
Among the members of the company
here are Francis Gafllard and wife
George Broderick, Charles Drew. John
Terry and Kate MicheIena. and they
all left for the East last night.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Widow Sues for Damages.

Flora Myers, as Administrative of the estate
of Edward Myers, her late husband, has be
gun an action in the United States circuit
court against the Omaha Railroad company
to recover the statutory penalty of $4,000 for
causing the death of her husband. Mr.. Myers
was a brakeman in the employ of the Omaha
road and while riding on the top of freight
car was struck by the overhead timbers Of
a bridge and instantly killed. The accident
happened Feb a. 1896
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
The Lonesome Man

Was the fellow that went the other way; all
the rest got to the Pacific coast day ahead
of him. They took The Overland Limited"
via the Union Pacific, stopped at some Of the
noted resorts along the line and then beat
him. For particulars regarding this train and
this route send cents in stamps for copy
Of 1886" E. l.. LOMAA,
Gen. Pass, and Tiki. Agt., Omaha, Neb.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
CUIIum Goes to Rochester.

Ole Culium the man who had such a des-
perate encounter wi h an imaginary enemy
in the padded cell at the county Jail the other
night, appeared in the probate court yester-
DAY and was examined to his sanity. His
clothing was in a disarranged state and his
necktie was wound around his leg. He was
committed to the Rochester asylum
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
BACK FROM EUROPE.

c. III. BigeIow Returns From a Visit
Abroad.
Charles H. Bigelow, president of the
St. Paul Fire and Marine company. is
back from a two months visit to
Europe After transacting the bust
ness that called him abroad Mr.. Bige-
low spent a few weeks in recreation.
He sojourned in1Paris, afterwards go
ing TO Madrid, and thence to Gibraltar,
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

McGrath Co.. the well-krOwn tailors
who have been doing business in this city for
ever thirty years have decided to meet the
cats made by other tailors and make cloth
ing of irst-class workmanship at prices that
VIII compare with any tailoring firm IN the
city. They have moved to Ill East Fourth
street.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

Jury-Judges Willis, Bum; 100
Court-Judges Otis, Kelly; 1O6, 107, AZ, los,
So
Chambers-Judge Brill.
Probate Court-Judge Wnlrich, at chambers.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
FUNERAL NOTICE.

Notice-All members of Gen. Ord Post No.
20 are requested to meet at Post hall, corner
Fifth and Wabasha, today at 1 o'clock p m.
sharp to attend funeral Of Comrade John
Schmidt, from residence, No. 4S3 Banfl street.
By order Of commander.
Louis N. Bryant.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Winona Not Satisfied.

The Winona banks Rave notified State
Treasurer Koerner that they will not ac-
cept any further deposits OF public funds
at greater rate of interest than IA per cent.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Matthew Czech. respondent. vs. Great Nor

Matthew Czech, respondent. VS.. Great North
ern Railway Company, appellant.
The statute requiring me locomotive bell
to be rung or the whistle sounded eighty rods
from the place where a railway crosses a
travelled road or street does not apply to pri-
waite farm crossings.
But it does not follow that a railway COM
pany never under any circumstances owes to
the adjacent land owner the duty of giving a
warning signal that q train is approaching
his crossing. The question is to be deter
mined on general legal principles whether
under all the circumstances, reasonable care
required the giving of such a signal.
While, as a general rule and under ordi-
nary circumstances a railway company owes
no such duty, yet the crossing may be SO
peculiarly dangerous and the speed of the
train so great that reasonable care would
require the giving of such signal.
He'd, that under the facts of this case, in
view Of the peculiarly dangerous nature of
the crossing and the unusually high speed Of
the train, it a question for the jury
whether 1t was negligent on the part of the
defendant not to give a signal of the ap-
prOach of the train. Order affirmed.
Mitchell J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
DIED..
CUT RATES.

E. w. Shirk gives better service at lower
prices than others. He is able to do this by
reason OF being owner Of the Seven Corners
Livery and also the undertaking rooms at
800 Wahasha street
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27
Algot Peterson, respondent VS.. Emma Peter


In action for divorce on the ground of de-
sertion the defendant by way of counter
claim, asked for a divorce the ground OF
plaintiffs cruel and inhuman treatment. al
leging, among other things that she had
brought a prior action against him for a
divorce on the same ground. which was de-
termined against her solely on he ground
that she had cOndoned his conduct but that
subsequent to- such conformation and the de-
termination of that action plaintiff repeated
and continued his cruel and inhuman treat
ment After defendant had introduced evil
denc9 tending to prove cruel and inhuman
treatment subsequent to the daterm nation
of the other action she offered evidence of the
aIegad prior cruel and inhuman treatment,
the soc ground upon which it offered
being that plaintiffs breach of the implied
condition of the conformation revived the or
iginal right Of action for q divorce; but no
evidence was offered to show that cOndOna-
tion was an issue in the former action or
that its determination against the defendant
was on that ground
Held that the exclusion of the offered evil
dence was not error. Order affirmed
Mitchell, j.
Jacob Pfenninger, appellant, VS.. Joseph Ko-
kesch, respondent ar4os-
In order to prevent the running Of the stat
ute of limitations a partial payment must
have been made by the debtor himself or for
him by his authority or subsequently ratified
if made in his name without his authority.
Where one Of two joint and several debtors
makes a payment in his own behalf the
mere fact that the other debtor, after knOwl-
edge of such payments, verbally promises to
lay the balance will not constitute a ratifica-
ton Of the payments as having been made
for him or in his behalf. Order affirmed.
Mitchell, J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

CHARLES M. Hausman, appellant, VS.. Peter
Mulheran, respondent
IN an action by a landlord against tenant
10 recover rent there is no Inconsistency be-
tween an admission in the answer that the
oetendant is indebted for rent and counter
claim Tor repairs made by the defendant, for
winch the plaintiff agreed to pay him.
Complaint held good as against an objec-
uon raised for the first time on the trial.
The reasonable value or the repairs being
IN issue 1t was not error to permit the de-
/ PENDANT to testify what he paid for them and
that the prices paid were fair and reasonable.
: Order affirmed. Mitchell j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

Y. A Smith Lumber Company ct al, appel
rants, VS.. The Central Manufacturers Nut
ual insurance Company of Van Vert, Ohio,
respondents.
New trial for the reason that the court
instructed the jury Incorrectly as to the effect
Oh the evidence Order reversed.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-27

The meeting of the Young Ladies Mission
ary Society Of the First Nj. E. Church an
nounced for this evening will be held next
Monday evening, May 8, at the home Of
Mrs B. S. Cowen, IT'S Holly avenue.