davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-03-17
Spence Beaten.

nv ouPIeHe court yesterday
handed down an opinion in com.
pllcated case coming from Bear
Lake county. The case is entitled
Fred Law, as administrator of tile
estate of Hannah B. Humphries,
deceased, VS. r. S. Spence and Eliza
Spence. Another case in which O.
4. Hoover appears as intervenor in
the matter is consolidated with the
action, but it cuts no figure in this
decision.
Law sued Spence on a promissory
note given by Spence to Hannah
B. HUMPHREYS. The defense set
up the statute Of limitations. The
facts respecting the matter are
that Spence owed Hannah b.
Humphries some $500. He gavg
her chattel mortgage on his law.
library and mortgage upon his
home. Sundry payments were
made at ditfrent times. When the
statutory time had run against the
note he filed homestead upon the
real estate covered by the mort
gage. Hoover appears in the case
as intervenor holding a chattel
mortgage on part of the books.
This part of the case, however,
does not enter into the decision of
the supreme court.
The district court held that the
mortgage on the real estate was
barred by the statute of limitations
but that the note still held against
Spence, and judgment for $3504. 26
was given. The homestead was
filed after the statute of limitations
had run against the mortgage and
before the action was commenced.
This is the principal point Of the
case, and ON it the decision Of the
lower court is reversed. 1t is held
that the payments made on the
note not only kept it alive but
kept the mortgage alive also. The
law as defined in the syllabus of
the opinion, is:
Under the law Of Idaho a mort-
gage lien cannot be defeated by 4
declaration Of homestead made
after the mortgage lien attaches.
"Tho only estate or interest the
wife has in that portion Of the
community property which is occu.
pied as a residence, and not dedica-
ted as a homestead, is subject to the
control of the husband, except as
to alienation or incumbfance, as
prescribed BY the statutes.
"A residence can be changed or
Abandoned at any time by the hus-
band without the consent of the
wife, and when such change Or
Amendment has taken place, the
property is again under the abso-
Lutte control Of the husband. unless
the same has been dedicated as a
homestead, as provi ded BY law.
"But one action can lie for
the recovery of any debt secured
~, ~ -. -. "a. Va "
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-03-17

Attend the dance at the opera
house tonight. Tickets rs cents.
Hon. e. NJ. Pugmire and Com
missioner Booth were over from
st. Charles this week.
A complete line of Paint, Var
nish and White-wa brushes at
Ritter Bros. Drug Store. 3
BY purchasing direct from the
factory we sell Perfect" Baking
Powder at lowest prices. Bur
goyne & Brennan. 1
H. Alfred was the first to pur-
chase ticket under the Short
Line management at this place.
1t was for Salt Lake.
A dance for the benefit of the i.
D. S. choir will be given in the
meeting house next Friday even
ing. Tickets 80 cents. All are in
vited.
We are prepared to take that
wood on subscription either sawed
4 into blocks II inches long or in
the log. Bring either enc and get
credit therefore.
e. Amoretti, ST., arrived in
Montpelier few days ago and ex-
poets to remain about one month.
He shipped eight cars Of cattle
from this point yesterday.
We have an unequalled line of
stationery in boxes. All good
goods at low prices. Ritter Bros.
Drug CO. 3
Next week we will publish the
anti-gambling bill in full as pas
sed at the last session of the legis-
lature. It will be interesting from
the large scope of the bill.
The Montpelier EXAMINER has
started its third volume The Ex-
AMINER is credit to Montpelier
and we wish it a long lease Of its
useful life.-Roundup. Thanks
Brother Wallis.
Spring will soon be here and
with it our spring goods and in
order to make room for them we
shall sell for the next thirty days
AT COST, our entire line of Mems.
Boys ard Children's clothing, over
coats etc. Burgoyne & Brennan. |
Hereafter when the district Judge
of any county sentences a man to
the penitenitary the warden of the
institution goes after the prisoner
J thus saving the county a great ex-
pense, and incidently knocking the
sheriff out for several dollars.
Some sneak thief entered Hoov-
er's Drug store from the rear Sun
day night about 8 o'clock, and
robbed the till Of S. or Sc in
| money, Nothing else was dis
turbed. No clew has been found
/ as to who did the work.
Mrs. Charlotte Anderson died in
this city Monday morning after a
! lingering illness. The deceased
was about sixty years of age and
was native of Sweden. She came
e to Montpelier about three years
e ago with her family. The funeral
2 toSNaPlaee yesterday.
t Editor Hyde has severed his con.
7 nection with the Post at Paris tc
|. accept position on the forth.
S coming daily Tribune at Pocatello
! Mr.. Hyde is a newspaper man Of Z
. great deal of ability, a rustler from
j AWAY back and withal a tvpica
weAterner. We wish him success
e in his s+ag field.
! EVERYBODY who desires to make
: money purchasing goods should
7 take advantage Of Sam Lewis
clearing sale now going on at thu
# Fair. Everything in the house viii
# be sacrificed to make room for th,
6 spring stock. Shoes, dress goods
$ Clothing Jackets and Capes, II
e fact everything at one-half former
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-03-17
Notice.
township 4 N. Range Sc T.. Idaho.

These plats will be open to the public
at the United States Land Office. Black
foot. Idaho, for the purpose Of making
entries and filing identifcations on
desert entries already made. ON and
after Thursday, March 4th, 1897.
John G.. Rrown,
e. S. Land Office, Register.
RiaekfGot, Idaho. Fed md, 1897.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1897-03-17

EVERYBODY who desires to make
money purchasing goods should
take advantage Of Sam Lewis
clearing sale now going on at the
Fair. Everything in the house will
be sacrificed to make room for the
spring stock. Shoes, dress goods,
Clothing Jackets and Capes, in
fact everything at one-half former
prices. Cab and be convinced
that this cut sale is genuine 30
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
Election in Cuba.

Havana, Sept. 27.-According to adj
vices from Puerto Principe, Senior Bar
tomoloe Masso has been elected vice.
president of the Cuban republic, Cen
erak Gomez minister of war, and CAL
ixto Garcia major-general, General
Gomez remaining commander in-chief
of the army of liberation.
Armed insurgents continue to sur
render, among them Captain Ojeda
and 10 men in Havana province, and
the local leader, Bias Varela, in the
province of Pinar del Rio. who surren-
dered with nine others.
Three days ago the insurgents dyna-
mited pilot train between Punta
Bravo and Las Mangas, Pinar del Rio.
The engineer, Pedro Milones, son of
the well-known poet, was seriously
wounded.
The beef famine increases. There
is no meat in Havana today, and the
importation of American refrigerated
beef is urged.
1t was officially announced today
that twos insurgent officers and 81
armed insurgent cavalrymen, who be-
longed to the insurgent force under
Trellez, surrendered yesterday to Span
ish authorities at Yagurmas, province
of Santa Clara. Trellez, it is added,
was killed the previous night by three
of his followers.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
Scarcity of Sailors.

San Francisco, Sept. 30.-Over 80
vessels have finished loading wheat in
San Francisco this month, and the mat
ter of securing sailors for them has re-
solved itself into serious problem.
whats the good of charter to
vessel when a captain cannot produce
sailors to man her?' was a remark
made by disgusted British skipper
yesterday. "Many good ship is load
ed and ready to sail, but is compelled
to swing at her anchor because the
master cannot procure men at the rul-
ing rate. It will come to split up
pretty soon, and the sailors wages will
advance, contract or no contract.
The situation is about as follows:
Nearly all the British ships in port are
under contract to certain shipping mas
ters. These latter have agreed to sup
ply men all the year around whenever
required, and at no time are wages to
exceed $40 per month and $40 advance.
At the present TINA the rate in Port
land and ON Puget sound is $50 a
month and $50 advance, consequently
sailors in this port will not ship at the
lower rate. At the present time the
ships Boutwell,, St. Mirren, Dalgonar,
Glencaird, Kensington, Largiemore,
Leicester Castle and Matterhorn, and
the barks Cloncaird, Forfarkshire and
Iverlochy are lying in the stream
awaiting crews. Some of them are at
an expense of $3.50 day, and at that
rate will soon eat up the etxra wages
demanded by the men.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
STRUCK A SAND DRIFT
A Fatal Accident on the o. r. s. n
Railway.

Fatal Accident on the o. r. s. N.
Railway.
The Dalles, Or, Sert. 29.-An acci-
dent occurred on the o. r. & n. road
at 1890 O'Clock last night which re-
suited in the killing of the engineer,
Charles johnson, and the probable fatal
injury of the fireman, Hickman.
Train No. %, an east bound freight,
pulled out of The Dalles last night on
time. For some days severe winds
have prevailed along the road, resulting
in sand drifts on the track. Between
The Dalles and John Day river No. %
had lost considerable time, and when
the accident occurred johnson was
speeding his engine along in an effort
to make up his schedule.
The night was dark, and when a
quarter of a mile east of John Day
station the engine ran into the drift.
The locomotive left the track, turn
ing on its side as it plunged down the
embankment, carrying with it the ten
der and two freight cars.
Neither Engineer Johnson nor Fire
man Hickman had time to jump. Both
went down with the wreck. Johnson's
life was crushed out in an instant, he
being fairly buried beneath the engine.
Hickman, the fireman. was pinned
down by the locomotive, and, with
both legs broken, the unfortunate man
received the vent of the escaping steam.
A wrecking train was sent out and
Engineer Johnson's body was recovered
and conveyed to his home in this city.
Fireman Hickman was sent by spe-
cial train to St. Vincent's hospital,
Portland. Dr. Mackenzie, the COM
pany's surgeon, is with the injured
man, and an effort will be made to save
the poor fellows life.
Only two cars, according to railroad
authorities, left the track, in addition
to the engine and tender. The wreck
was cleared at noon today and the track
opened for traffic.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
SUPREME COURT DECISION.
Payment of State Warrants Will soor
Begin.

beSiH.
Salem, Sept. 30.-The supreme court
convened today, Justices Wolverton
and Bean being present.
The petition for rehearing in the case
of E. D. Shattuck, appellant, VS.. Har-
rison r. Kincaid, secretary of state,
respondent, was denied. This is the
mandamus suit brought by the appel
liant to compel the respondent, as Sec
retary of state, to audit his cl.im and
issue warrant on the state treasurer
in payment thereof, for salary as cir
cult judge of the fourth judicial dis
trict.
This suit was commenced in Judge
Hewitt's court, department No. 2, cir
cult court of Marion county. Upon
the filing of a complaint the court
issued an alternative writ of manda-
mus, addressed to the defendant and
resondepnt, as asked, to show cause for
not complying with the plaintiffs IS de-
mands. A general demurrer to the writ
was filed by the defendant, and the
court ordered pro forma judgment,
sustaining the demurrer. The plaintiff
refused to amend or further plead, and
the court ordered the writ quashed, and
gave judgment for the defendant, dis
missing the proceeding. From this
judgment appeal was taken to the SUI
preme court. A lengthy opinion was
rendered, in which it was held that the
demurrer should have been overruled
and the case remanded. A petition
for rehearing was filed by the secretary
of states attorneys without his advice.
One petition, prepared by N. B. Knight,
was published before being filed with
the court. The petitions were both
overruled.
Secretary Kincaid said today that he
has no disposition to delay the matter
further, and it being satisfactory to
both parties to the suit, it is under
stood, the supreme court has agreed to
issue peremptory writ, and the secre-
tary of state will begin issuing war
rants right away.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
San Francisco Markets.

Wool-Choice foothill, S@12c; San
joaquin, 6 months 1890; do years
staple, 1890; mountain, 10@11c; Ore
gon, IL q 14c per pound.
Hops-10@1 13c per pound.
Millstuffs = Middlings, $19.5O@20;
California bran, $13. 5O@14.50 per ton.
Onions-New red, 70@8Oc; do new
silverskin, Soc @$1 per GENITAL.
Potatoes-New, in boxes, 35 q 85c.
Butter-Fancy creamery, 81 @ 28c; do
seconds, 25@26c; fancy dairy, 23 3@24c;
good to choice, 2o@22c per pound.
Eggs-Store, 1S@25c; ranch, 500
32c; Eastern, 20@25; duck, a0c per
dozen.
Citrus fruit - Oranges, Valencias,
$1.50@3; Mexican lines, s.; Cali
fornia lemons, fancy, So; do common,
81. 50@2.50 per box.
Fresh fruit-Apples, 50@65c per
large box; apricots, 20@40c; Fontain
bleau grapes, 15@25c; muscats, 20@
Soc; black, 20@30c; tokay, 20@30c;
peaches, 35@50c; pears, s5c@$l per
box; plums, 20@40c; crab apples, 20@
35c.
Hay-Wheat, $12 @ Is; wheat and oat,
$11@14; oat, $1O@12; river barley,
$7@S; best barley, $10@12; alfalfa,
5000 clover, $8@10.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
TERRIBLE SUFFERING.
Experiences of a Young American and
His Sister.

New York, Sept. 29.-The Journal
and Advertiser says: Three years ago
Miss Eloise Brunett was the belle of
Cienfuegos, Cuba. She was rich.
Now she lies upon a cot in a 10x10
room in small house on the outskirts
of Philadelphia, her body burning with
fever, her mind racked by terror of the
Spaniards, her memory full of the hor-
rors of an experience abounding in STAR
vation, suffering and peril.
In similar condition, aggravated by
wounds, is DR.. Andre Brunett, who
served as major in the Cuban army.
The father of these refugees was an
American, who owned large estate at
Cienfuegos. He died in 1898, and his
son, DIR. Brunett, went to Cuba to set
tie up the estate. The Spanish admin
istration of such affairs made this a
long and difficult task. In September,
1895, General Rego raised the Cuban
standard in the Cienfuegos district, and
the young Cuban-Ameriean was one Of
the first to join him.
It was impossible for his sister to re-
main on the plantation, and she there
fore went into the Cuban service as a
nurse. For 20 months she shared the
hardships of the patriots. She re-
mained bravely in the Cuban army.
caring for the sick and wounded, help
ing to cook the scant provisions and
proving herself a heroine on many oc-
CT sions.
After two months of this life they
both contracted malarial fever, and
were SO i'll that they had to leave the
insurgent army and seek shelter, and
they found neither and were compelled
to take refuge in cave, where they
lived for 23 weeks, having no food but
green pumpkins, sweet potatoes and
water from a stagnant pool. Both suf-
fered terribly from fever, and were
often delirious. Finally the brother
managed to climb the hill and attract
the attention of Spanish planter, who
took them to Sierra, whence they were
taken by boat to Cienfuegos.
When they landed at the wharf Miss
Burnett had no shoes, and her dress,
which she had worn for three months,
was in shreds. They were almost un-
able to walk, and were dragged along
by the Spanish soldiers, who struck
and cursed them. The Spanish COM
mander examined them separately to
find excuse to put them to death, but
failing in that, he permitted them to
go to their sisters, who lived mile
away, on condition that they report in
person every three or four days. This,
in their condition, entailed the most in
tense sueffring, but the order was pitt
lessly enforced.
DIR. Brunett appealed to the Ameri.
can consul, Owen McGarr, for aid, but
it was refused. Then followed long
correspondence with the state depart
ment at Washington, and in the end the
consul was ordered to help them. They
received passports on August 13, and
sailed September z. Their passage
was paid all the way, to New York in
stead Of Florida
DIR. Brunett and his sister have filed
a claim at Washington against the
Spanish government for destruction oil
their property. .
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
No U1timatum was Served.

New York, Sept. 27.-A special to
the Herald from London says: In
reference to the sensational kilograms
from Madrid about the alleged ulti-
matum and inevitability of war between
the United States and Spain, the
Herald correspondent had converse
tion with a distinguished American
diplomat, who, though not personally
concerned in the American-Sp nish ne
Sas,siatilns, 10 in a position 10 khowsthe
exact state of affairs, but who, for OBJ
vious reasons would not allow his name
to be mentioned. He said:
81 cannot, of course, pledge in adj
vance the government of the United
States, bat SO far as the present is con-
cerned such step is not in contempla-
tion. The United States has probably
intimated through Mr.. Woodford that
the present state of affairs is most de-
plorable and that if we could be of any
assistance in bringing this condition
of things to an end we should be glad
to offer our services, But you may say
absolutely that no ultimatum has been
sent to Spain by the United States"
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
WEEKLY MARKET LETTER.
Downing, Hopkins 3 Company's Review
of Trade.

A low range of values for wheat has
been established during the week as the
result of diminished speculation, in
creased receipts and accommodating
stocks, the market closing weak under
these, conditions, with still lower ten
dency. Clearances continue large.
Export sales have been only moderate,
and there seems to be a pause in the
European demand. The diminished
volume of speculation is probably the
weakest feature in the market at pres
ent, as the trade generally have accept
ed as fact that Europe wants all the
surplus food products that we have to
spare. The presence of so-called
"bull clique" has been largely respon-
sible for the decreased trade and done
much to check the advance. The in
creasing stocks would not prove sutfi-
cient to depress values, but in conjunc-
tion with the lessened export demand
and absence of speculation the current
of the market has been turned and un-
til conditions are changed lower range
of values is to be expected temporarily.
Corn values have suffered a severe
decline, due in part to local speculative
conditions. The salient points Of
weakness in the market, however, have
been the large receipts, enormous stocks
and the insufficiency of the cash de-
mand. The forward movement is now
falling off. Farmers have practically
ceased selling. The cash demand is
also improving and a stronger market is
probable next week. Crop prospects
are unfavorable. Serious damage has
occurred since the last government re-
port was compiled, and the next report
will show very large decrease in the
estimated yield. Present values are
below the average for years past and in
vite speculative buying. The shortage
in the worlds wheat crop would in it
self warrant better values for corn, but
in connection with the serious shortage
in the potato crop, estimated at
1000, 900, 900 bushels, it is apparent
that corn will be in greater export de-
mand than ever before. We regard
present weakness as but temporary, and
certain to be followed by much higher
values.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
TO END THE CUBAN WAR.
Negotiations Opened Between
Washington and Madrid.
NO ULTiMATUM WAS SENT

The Present Negotiations Have for
Their Object Peaceable Solution
of the Cuban Question.
Madrid, Sept 27.-The Correspon-
dencia de Espana asserts that negotia-
tions are proceeding between the
United States and Spain for friendly
settlement of affairs in Cuba.
Ell Epoca, after denouncing as 'tsen-
sationar' the story of an ultimatum,
points out that the Cubans have not
been at war with Spain without the
moral and material cooperation of the
American people.
There is a great deal of comment as
to the origin of the ultimatum canard.
It has been attributed to foreign am
bassador, but all the ambassadors deny
responsibility for it. The people do
not think that war is inevitable.
1t is asserted that the liberals will
soon form cabinet, and that on the
return of the queen from San Sebastian
to Madrid Captain-General Weyler will
be recalled from Cuba and autonomy
established in the island, thus leaving
no pretext for the intervention of the
United States.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
Death Rather Than Separation.

Shamokin, Pa, Sept. 29.-The bod
les of Arthur w. May, aged "a years,
and Miss Cora Eastman, aged 18, both
of Shamokin, were found in the black
smith shop of Joseph Smink this morn
ing. May had shot his sweetheart and
then blew out his own brains. The
couple had been lovers for long time,
and last week they arraged to 60 away
and be quietly married. Being opposed
by the parents of the girl, they evident
ly decided to die together,
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
BY Rail From Trail.

Trail, B. c., Sept. 30.-The last
spike ON the Trail Robson branch of
the Columbia & Western railroad was
driven this morning in the presence of
many spectators. Tomorrow, the first
freight train will bring coke from Rob-
son, and regular passenger service
will be inaugurated as soon as the Can
adian Pacific railroad affords proper
connections at Robson for Nelson The
road is 21 miles long, and runs up the
Columbia river from Trail to Robson,
connecting there with the Canadian Pa
cific branch to Nelson.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
Would Europe Sustain Us.

Washington, Sept. 27.-State depart.
ment officials refuse to discuss the
statement made in the cable disptach
from Madrid, namely, that the ccun-
tries of Europe, with the exception of
Austria, justify the interposition of the
United States in favor of termination
of the Cuban war. Still, it is recalled
that while Mr.. Woodford was tarrying
in an apparently purposeless manner in
London and Paris, instead of proceed
ing to his post in Spain, it leaked out
that the United States ministers at
various European courts had been in
structed to sound the governments to
which they were accredited, with a
view to learning how Intervention in
favor of Cuba would be regarded.
Although it was generally supposed
at the time that this effort would not
succeed, there is now good reason to ac-
cept the statement in the Madrid cable
as fully warranted by the facts.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
Turkish Raid ers i'm Peraia.

Teheran, Sept. 80. = The inquiry
made into the fighting which took place
on the Turko-Persian frontier, in
August last, shows that the raiders
were Turkish Kurds, who crossed the
frontier with the full knowledge of the
Turkish military authorities, sacked
nine villages and massacred 300 Mus
sulmans and Christians, including
women and children. The Persian
government is demanding full satisfac-
ton from the Turks for the outrages.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1897-10-01
Fear of Lynohing Drove Him Mad.

Columbus, Kan. Sept. 29.-Ed.
Stafleback, one of the notorious family
of murderers in Jail here, has gone
stark mad through fear of lynching at
the hands of mob. Staffleback is con-
victed of murder in the first degree for
the killing of Frank Galbraith, one OF
the several persons supposed to have
been murdered in the den Of the Staffle-
backs, at Galena, this county.