davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16

The state supreme court yesterday
landed down its decision on the petit
zion of Harry Hayes, under sentence of
death for murder. for writ of habeas
corpus. Their honors, without passing
on any of the constitutional questions
raised by counsel for the defendant,
denied the writ
The opinion briefly recites the con-
tention of the petitioner that the jur-
ors were not drawn in pursuance Of
any valid law; that the act under
which the jury which sat on the case
was drawn is unconstitutional and was
repealed by a later law and as the
jurors were summoned under the re-
pealed law and the trial conducted
under the later law it was fatal to the
validity Of the judgment
The opinion then goes on to say that
these points not having been presented
to the court on the appeal the court
can't now. by habeas corpus or any
other collateral proceeding, look be-
yond the Judgment to determine the
questions which arose during the trial
of the case and which if they had been
presented on appeal might have re-
suited IN a reversal of the Judgment
The warrant IS fair and regular on
its face and the judgment of the dis
tr3ct court IS blndlng untll reversal n
a regular way by appeal. The i'm
prisonment is therefore legal in carry
ing out the judgment, and imprison-
ment under a judgment cannot be
illegal.
Ii the jurors were illegally drawn
the defendant could have objected by
challenging the panel at the proper
time and if the defendant failed to do
that and failed TO bring no the whole
record on appeal it was his own mis-
fortune and he cannot now bring up
the matter under habeas CORPUS.
Having reached this conclusion
says the opinion, 1T is unnecessary TO
determine whether or not the act in
question is unconstitutional or was re-
pealed. The writ is denied and the
prisoner remanded."
The opinion was written by Justice
Bartch and concurred in by Chief
Justice Zane and Justice Miner.
Only one more move is now left to
Hayes and that will ebe made today
before the board of pardons.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
HoNoRs TO WILLIS.
Hawaiian Government Accorded
Him a State Funeral.

Honolulu, Jan /, via San Francisco,
Cal, Jan. Correspondence of the
United Associated PRESSES, per steam
er Monowai.-United States Minister
Albert S. Willis died at his residence
yesterday at a. IN. after several
months illness. The direct cause of
death was pneumonia, which he first
contracted in San Francisco early last
year. His condition has been at times
such that gave his family hopes of his
ultimate recovery and again 1t was
precariouS to degree that hlled his
physicians with grave alarm. few
days ago his condition was much i'm
proved, and his family renewed their
hopes. but the change for the better
was but temporary. He has been sur
rounded at all times by the best medi-
cal talent in the city and every care
was given the minister, but in spite of
a vigorous constitution which has as
sisted him in battling with the dis
ease, he Succumbed after long and Sc
we're suffering. Some time after mid
night Tuesday Minister Willis cond-
tion began growing worse, and it was
seen that the end was not far off. He
lost consciousness and his breathing
was difficult, and in this condition he
remained until dissolution took place.
1t is not known yet whether an es-
cort will be sent with the remains, but
it seems to be the opinion of a number
of citizens that a representative of the
foreign Office should be detailed as an
escort to accompany the remains to
Louisville and turn them over to the
officials there.
Until the funeral takes place detail
of gentlemen, selected by the Minister
of foreign affairs, will remain at the
Willis residence. Directly the intelli-
gence of the death of the minister was
received by the government, the flags
on the judiciary building and military
headquarters were lowered to half
mast. Most of the business houses and
the shipping followed suit as soon as
the death was known.
Mrs Willis was nearly Frustrated
from the long care of her husband. The
family expects to sail for home with
the remains on the steamer Australia
the 18th. The Hawaiian government
Will accord a state funeral to the de-
ceased representative of the United
States tomorrow. The body will lie in
state during the morning in the form
er throne room. Funeral services will
be held at D. m. in Central Union
church. The procession to the ceme-
terry, where the body will be placed in
the receiving vault until the sailing of
the steamer. will be preceded by the
local military and a battalion from the
United States steamship Alert. Presi-
dent Dole and the chief officials of the
will follST the moUrners.
1t will be the most imposing funeral
since the burial of Kalakaua. Mr..
Willis left a small estate, but ample
life insurance.
The proposed anti-annexation organi-
zation, headed by British and German
planters, came to nothing. 1t proved
for them to secure any sup
port from the Americans, who are
unit for annexation. A strong minori-
" OF British residents favor it, in spite
Of their own patriotic inclinations.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
MONETARY COMMISSION.
Republican Senators Paving the
Way For One.

Washington, Jan. 15.-In the Repub-
lican senatorial caucus this afternoon
the text of the resolution adopted was
as follows: An act to provide for the
representation of the United States by
commissioners at any international
monetary conference hereafter to be
called:
BE it enacted by the senate and
house of representatives of the United
States of America, in congress assem-
bled, that whenever, after March T.
1897. the president of the United States
shall determine that the United States
shall be represented at any inter
national conference called by the
United States or any other country,
with a view to securing by inter
national agreement a fixity of relative
value between gold and silver as
money, by means of a common ratio
between these metals with free mint
age al such ratio, he is hereby author
lied to appoint five or more commits
sioners to such international confer
ence; and fol compensation of said
commissioners and for all reasonable
expenses connected Herewith, TO be
approved by the secretary of state,
including the proportion to be paid by
the United States for the joint ex-
penses of any such conference, the sum
of 100000, or so much thereof as may
be necessary, is hereby appropriated.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
IN UTAH equity.
Jurors Discharged For the Tern


Provo, Jan. 15.-The following bust
ness was transacted before Judge
Dusenberry today:
James Goodman VS.. Samuel Liddiard
ct al; defendants given to Jan. % to
answer
Samuel Liddiard vs. Provo Foundry
and Machine company (two cases) !;
continued till Jan. %.
c. Il. Loose VS.. John P. Sears ct al. :;
defendants default and disclaimer en-
tered, and judgment given for plaintiff
The suit was brought to quiet title to
a piece of Provo real estate.
The jurors were discharged for the
term.
James Kirkham was examined as to
his sanity by DR.. II. J. Richards and
DR.. s. II. Allen and ordered COM
mitted to the state asylum. He is a
years of age, a native of England and
has been living in Provo for about II
of correction till they are u years Of
age, unless sooner legally discharged.
Walter Hitesman, Fred Hitesman
Nels OtteSen and Lawrence BremS. the
four Lehi boys who were charged with
horse stealing, entered a plea of guilty
and were sentenced to the state school
years. OF late he has been a county
charge and kept around the county Jail.
James c. Triptow of Sandy, aged %.
and Tresa Webb of Lehi, aged 19, have
received legal permission to wed.
Aaron Gay, justice of the peace at
Lake Shore, has resigned his office and
recommended w. o. Beckstrom as his
successor.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
JOHNSON VS.. TooTLE.
Touching the Validity of an Alleged
LA For $500.

The other case argued was L. John
son ct al Us. Kate Tootle ct al, ap-
pellants
On Dec. %. $780, one Hatch was the
owner Of certain lands in Uintah
county, which were at that time sub
ject to the lien of a trust deed for
$4,000 in favor of the Deseret Savings
bank of Salt Lake City. Upon the
said date the appellants recovered a
judgment against Hatch for $500 and
costs, and subsequently in May, 1891
the respondent agreed to purchase a
certain portion Of the lands, and as a
part of the purchase price were to pay
off the trust deed in question. They
did pay it and a release was executed
by the savings bank and filed for rec
ord. Subsequently q deed was exc
cuted by Hatch to the respondents for
the land purchased.
At the time Of agreeing TO pay the
trust deed, at the time of paying it
and at the time of receiving the con-
veyance for the land. respondents
knew nothing of the judgment
II was alleged to have been repre-
scented TO them by Hatch that there
were no judgments against him, and
that the trust deed was the only en-
cumberance on the land There was
no transcript of the judgment filed in
UIntah county; the judgment was rem
dered at Provo, Utah county, which is
a great distance from the county of
Uintah
In September, 1894, appellants issued
an execution and levied upon .he land
purchased by respondent and the ac-
ton was brought to enjoin the sale of
such lands and for a decree subrogat-
ing respondents to the rights of the
trust deed paid off and discharged by
them under the circumstances afore-
said. 1t was also claimed that the
clerk of the First district court did not
keep d proper judgment book as re-
quired by law, and that the Judgment
in the book kept by him, purporting
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
BY George f. Blair. Deputy Clerk.
IN THE DIsTRICT COuRT. PRoBATE

IN THE DISTRICT COURT. PROBATE
division. Third judicial district. in and for
Salt Lake county. state of Utah. In the
matter of the estate of Sarah Ann Tay-
lor. deceased. Notice-Notice is hereby
given that Jabes Taylor. administrator
of the estate of Sarah Ann Taylor. de-
ceased. has rendered for settlement and
filed in said court. his final account of his
administration of said estate and petition
for final distribution of tie residue of
said estate among the persons entitled
thereto. and that Saturday. the sixth day
of February, A. ID. 1897 at 10 O'Clock a.
m. at the court room of said court. in
the county court house. Salt Lake City
and county Utah, has been duly ap-
pointed by the judge of said court for the
settlement of said account and hearing
said petition for distribution. at which
time and place any person interested in
said estate may appear and show cause.
If any there be. why said account should
not be settled and approved and final
distribution made as prayed for.
Dated January Is, 1897.
DAVID c. DUNBAR. Clerk.
BY GEO. e BLAIR, Deputy Clerk.
S. w. Darke. atty. for administrator
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16

Lake Shore, Jan. 14.-No doubt moth
ing has occurred in the history of Lake
Shore that has cast reflection on its
people more than what occurred last
night, January 18th; Bishop Lorenzo
Argyle. being defeated in his efforts to
have Mr.. Eli ]. Clayson named as mes
senger boy of the upper house of the
legislature, thought proper TO call u
mass meeting of the people of Lake
Shore and see what could be done.
The meeting was called and Oscar
Andrews placed in the chair. After
several speeches pro and con, there
was a motion made to condemn the
actions of the officers of the Democratic
society of Lake Shore and the repre-
sentatives from Utah county to the
legislature in regard TO the action on
the messenger boy. A vote was taken
and the motion defeated and the ac-
lions of the officers of Lake Shore and
members of the Legislature was APP
proved in the appointing of Andrew
Ferguson as messenger of the senate.
1t appears that the officers of the
Democratic society had recommended
Mr.. Ferguson as a suitable person to
fill the position as messenger, and that
Bishop Argyle had recommended Mr.
Clayson for the same position without
consulting the officers of the Demo-
cratic society or any of the members,
and, therefore, caused this trouble
which resulted in the sustaining of the
Democratic officers of Lake Shore in
their recommending Mr.. Ferguson.
1t has caused feeling, but it is
hoped that peace and union will re-
turn and unite the people from political
strife and place them upon a plane of
educational and political advancement.
J. S H
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Injured bv a Runaway.

Mr.. and Mrs. Frank Romrell. an
elderly couple residing in Statewide,
were painfully injured yesterday in a
runaway accident. They were driving
in their cutter down Twenty-third
street hill. when the cutter pushed for
ward onto the horse. The animal be-
came unmanageable. Just across Wash
ington avenue the rig collided with a
tree. The cutter was smashed and the
occupants thrown to the ground. They
were carried into Caves drug store
and DR.. Allen summoned The lady
was the more seriously injured, having
a bad cut on the forehead However
the injuries of neither We're serious and
they were able to ride home.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Board of Education.

The board of education met last
night, when the committee on finance
reported that it had not been able TO
settle with County Collector Hurlburt,
a weeks further time was granted.
The salary of Miss Giddings, a teach
er at the Grant school, was fixed at $40
per month.
The room fitted up in connection
with the Madison school will be ready
for use by Monday. according to the
committees report. Miss Flossie Lit
tlefield was selected as teacher for that
room.
Several small bills were allowed and
the board adjourned for a week.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
STOCKHOLDERS aTEETTNGs.

COOP. WAGON AND MACHINE co.
the annual meeting of the stockholders
of the cooperative Wagon and Machine,
company will be held at the company's
office in Salt Lake City. Utah, on Mon
day, JAN %, 1897, at o'clock p. m. The
purposes for which said meeting is called
are: To elect directors for the ensuing
year; to receive the annual reports of the
president and secretary. and to transact
any soch other business as may lawfully
come before said meeting
MELVIN d. WELLS. Secretary.
Salt Lake City, Jan. 9 1897
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
AssEssMENT NOTICE NO. 4.

THE TETRO MINING COMPANY OF
Tintic.-Location of principal place OF
business, Salt Lake City, state of Utah;
location of mine and works, Tintic mining
district. Juab county, state of Utah.
Notice is hereby given that at meet
ing of the board of directors of said COM
pany, held on the 31st day of December
1896 assessment No. 4, of one cent Qc)
per share was levied on the capital stock
of the corporation, payable immediately
to the secretary. at the Office of the com
pany, 16O Main street, Salt Lake City.
state of Utah.
Any stock upon which this assessment
shall remain unpaid on Saturday. jan go
1897, will be delinquent and advertised for
sale at public auction, and unless nay
ment is made before, will be sold on Sat-
urday, Feb. 20, 1897. to pay the delinquent
assessment together with the costs of
advertising and expense of sale
BY order of the board of directors
WILLIAM r. WALLACE.
Secretary.
Salt Lake City. Utah. Dec 81, 1896.
First publication. Jan. 1. 1897.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
North Carolina Situation

Raleigh. n. c., Jan. 15.-The Popu-
list caucus at midnight nominated DR..
Cyrus Thomson for senator on the
second ballot. Thompson, Dockery
Mott, Hiteman and Guthrie were voted
for on the first ballot The situation
virtually remains unchanged. Four
teen Populist votes, in addition to the
Republican vote, will nominate Pritch-
ard. 1t is claimed that at least Is will
stand by him to the last. AT this hour
there appears to be no reason for
changing the prediction that Pritchard
will be his own successor.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
The Court Session.

Judge Hiles held a session of court
yesterday morning and made several
orders aside from those connected with
the WeiI-Smith forgery cases. He re-
turned to Salt Lake yesterday.
All jurors were excused until Feb
ruary l. 1897.
N. Montgomery VS.. Anton Ref ct al;
motion of defendants Dee and Spencer
for new trial was argued.
Thomas D. Dee. administrator, VS..
Carrie jenkins ct al; action dismissed
as to Mrs. Jenkins, demurrer of Carrie
Jenkins sustained and plaintiff given
ten DAYS to amend
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Tabernacl, oncert.

The tabernacle chon' gave its OPEN
ing concert at the t;-3ernae-. yester-
day afternoon and evening. the after
noon concert being complimentary to
the contributors to the organ fund
from the county precincts.
The evening concert was literally
patronized and was a success from all
points of view. Organist Daynes from
Salt Lake was warmly received and
had to give three solos, besides play
ing the accomplishments.
The chorus, under the leadership of
Squire Coop, did splendid work
Mrs. Kate 3. Anderson made a great
hit with her SHADOW Song" and was
encored.
Little Bessie Blair was also encored.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
NOTICE TO BIDDERS.

BY ORDER OF THE BOARD OF
county commissioners of Salt Lake county.
Utah. sealed bids will be received bv the
county clerk at room 254. Joint city and
county building. up TO Il m. on the 18th
day of January. 1897. for the compounds
ing OF all prescriptions and the furnish
ing OF all medicines to be used at the
county intirmary and for the INDECENT
poor OF the county for the year 1897.
All medicines and other articles must be
guaranteed best quality and prepared
by the most reliable laboratories.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
For BATTERY.

Anthony Koard was arrested yester-
day afternoon by Deputy Sheriff Bal
lantyne. The charge of battery was
preferred by Janitor Baker of the Fifth
ward meeting house, who alleges that
Koard struck both him and his wife.
The dispute was over money matters.
The hearing takes place today at 10
o'clock before Justice Perrin. Koard
plead not guilty when arraigned.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Local Briefs.

Uncle Toms Cabin will exhibit
twice today besides the street parade
at noon
George Ross, the coal dealer, received
a very painful if not serious injury
yesterday by slipping on an icy porch
and tanning his back.
George Peterson, charged with set
ting fire TO the Industrial school, will
not be tried this term, his case having
been stricken from the present setting
of cases.
The first number of the Switch and
State Journal, the weekly into which
the Daily State Journal is TO merge, is
expected TO appear not later than Jan
uarY Goth
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16

Another successful number was that
given by little Mamie Tout, who was
recalled
Heber r Burton made a brief adj
dress, telling how the funds for the
$500 organ mad been raised by the
choir
Professor Daynes and other author
tiles warmly praised the organ
The closing number was The Star
SpanSled Banner" sung by the audi
ence and choir.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
NOTICE TO sroCKHoT.DERs.

THE ANNUAL MEETING OF THE
stockholders of the Home Fire Insurance
company will be held at the office of the
company. No. 20 Main street. Salt Lake
City, Utah. on Monday. February 1. 1897,
AT o'clock .. m. The object of said meet
ing IS to elect board of directors a sec
rotary and a treasurer to serve for the
ensuing year and to transact such other
business as may legally come before it.
HORACE G. WHITNEY. Secretary
Salt Lake City, Jan. 4 1897
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
<1>-<-13,--9------
ASSOCIATED BANKS.
Large Increase in the Cash on Hand.

New York. Jan. 15-The weekly
statement of the associated banks to
be issued tomorrow will show a large
increase in the cash on hand, as the
consequence of an unusual state of
affairs in the money market. About
a month ago the presidents and other
leading officers of some 40 banks be-
longing to the clearing house attended
a dinner at the Union League club,
given by Henry w. Cannon, president
of the Chase National bank At this
dinner an understanding was had to
keep the call money rate up to per
cent. Although the tendency of
money is downward all over the world,
it is cheaper in New York than any
where else.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
NOTICE TO sTocKuoTDERS.

THE ANNUAL MEETING OF THE
stockholders of Heber ]. Grant & Co.,
Incorporated, will be held at the office
or the company. No 20 Main street, SAT-
Lake City. Utah, on Tuesday January
%, 1897, at O'Clock p. m The object
OF said meeting is to elect a board or
directors TO serve for the ensuing year
and to transact such other business as
may legally come before it,
HORACE G. WHITNEY, Secretary.
Salt Lake City. Jan. 4. 1897.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Run Down by Dogs.

Macon. Ca, Jan. ia special from
Adams Park. Ga, says:
Charles Forsyth and Willis White
the negroes who were believed to be
the men who shot and fatally wounded
Mrs Rowland, wife of the postmaster,
while robbing the postoffice at this
place last night, were run down with
dogs and captured near here early this
morning. Mrs. Rowland died today.
from the effects of her wotind The
people have began to gather for the
purpose of lynching them.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
NEWS FROM NEARBY
Bishop ArgyIe's Bad Break at
Lake Shore.
PROMPTLY SAT ON
PRESUMED TO DICTATE TO THE
DEMOCRATIC PARTY.

Big Row Stirred Up Because an Es-
pecial Pet of the Gentleman Was
Turned Down in Favor Of the
Candidate Recommended by the
Democratic Society-Action of the
Democratic Officials and the Leg
islature Approved.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Tyron is medical Director.

Washington, Jan. 15.-Surgeon-Gen-
eral Tyron of the navy was promoted
to the rank of medical director, the
highest grade of naval surgeons,
through a vacancy caused by the re-
tirement of Medical Director Wells on
the goth inst.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
A Brakeman Injured.

Frank NJ. Schilling. a brakeman or
the Union Pacific system, was injured
last evening in the vicinity of POca-
telio by falling from a moving train.
He was brought to Ogden and taken
TO the hospital.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
HAYES PLEA DENIED
Court Cannot Now Review the
Case By Habeas Corpus.
CONSTITUTIONAL QUESTION
WAS NOT PASSED UPON BY THE
COURT.

Hayes Hope is Now Confined to the
Board of Pardons-Recht VS..
Metzler, an Action For Deceit,
and Johnson VS.. Kate Tootle ct
al. Argued and Taken Under Adj
visement by the Supreme Court.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16

Dr. Shields, an eminent physician of
Tennessee, says: l regard Ayers Sar-
saparilla as the best blood-medicine on
earth, and / know OF many wonderful
cures effected by its USE Physicians
all over the land have made similar
statements.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16
Assignee's Sale

OF the stock of the Roundy China
company will Nommence Wednesday
morning, Jan. Is, 81 South Main street.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-01-16

to be a judgment docket, created no
lien on the property
The court below found that the plain
tiffs had a first lien on the premises,
from which the present appeal was
taken.
The impurities in the blood which
cause scrofulous eruptions are thor
oughly eradicated by Hoods Sarsa-
parilla. Try It.