davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
SUPREME COURT.
Lower Court Affirmed in Wright VS.
Southern Pacific.

An opinion was handed down by the
state supreme court in the case of AL
fred Wright VS.. the Southern Pacific
company, appellant. The opinion,
which was written by Justice Miner
and concurred in by Chief Justice Zane
and Justice Bartch, affirmed the judg-
ment of the lower court, which
awarded the plaintiff $4,000 damages
for personal injuries sustained while
he was in the employ of the defendant
company in the capacity of a car
coupler.
The accident occurred on Aug. II,
1892, at Carlin. New.
On the morning of the day named.
while uncoupling two cars of a freight
train, the plaintiffs right heel was
caught by the brakebeam, when he
was dragged some distance and thrown
underneath the car, which passed over
his leg. necessitating amputation about
seven inches above the knee. A suit
for $4,000 damages was brought
against the Southern Pacific. Wright
alleging negligence on its part in not
having furnished a fireman as we'll as
an engineer to operate its engine
thereby requiring the engineer to per-
form two mems duties, which made it
impossible for him to obey signals.
Plaintiff also alleged that the engineer
was III the act OF SnoVeEnS coal INTO
the fire when he signalled for him to
stop.
Defendant appealed. insisting that
the court in permitting a question to
be answered by a witness for plaintiff
was prejudicial error. The question
was, Should there be a fireman and
engineer upon the engine when it was
in motion and at work?" The answer
was in the affirmative. 1t was OBJ
jected to as being immaterial and ir-
relevant and because the witness was
not shown to be an expert.
On this point the court says:
Whether a witness is shown to be
qualified to testify as to matters of
opinion is a preliminary question for
the trial judge TO pass upon at the
trial, and his discretion is conclusive
unless manifestly erroneous as a mat
ter of law"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Notice of Sale of County Bonds.


IN ACCORDANCE WITH A RESOLU-
ton adopted by the board of county
commissioners of Salt Lake county.
Utah. at a regular meeting thereof. held
Notice is hereby given that sealed bids
will be received at county auditors of
flee, room 81, joint city and county build
ing. up 10 u o'clock, noon, Tuesday. June
18th. 1897. for the purchase of 100 funding
negotiable coupon bonds of the denori-
nation of $1,000 each, bearing the date
July 1st. 1897, payable twenty years after
date or at any time before that date.
and after ten years after date at the
pleasure of said county. in lawful money
of the United States. with interest at the
rate of nVe per cent per annum, paya BILE
semi-annually at the office of the county
treasurer of said county, in Salt Lake
City. Utah. the same being the second
issue of bonds by Salt Lake county and
under the provisions OF subdivision Il of
section q of an act of the legislature of
the state of Utah. entitled. IAN act TO
government" approved April 14th. 1856.
and also an act of said legislature en-
titled. AN act permitting counties. cities
towns. school boards and school districts
to fund the floating indebtedness existing
at the time Utah was admitted as a
state" which took effect March eth 1897
Bids will be considered for the whole or
any part of said issue The county board
reserves the right to reject any and all
bids and &c consider any proposal that
may be for the best interest OF said
isfied as to the legality of the issue of
said bonds before the hour Of opening
bids. at which time the same will be
opened by the county clerk in the pres
ence of the board of county commission
ers. Each bid must be accompanied by
certified check on national bank OF
Salt Lake City, Utah. for five per cent OF
the amount of such bid. and all bids
sealed and addressed to the board of
county commissioners OF Salt Lake
county, Utah.
MARGARET A GAME.
Salt Lake County Auditor.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Still Hearing From Malsd Bridge
Evans & Rogers Plants Another
Big Damage Suit.

The Short Line company is still hear
ing from its first serious accident, that
at Malad bridge. Yesterday through
Kennedy, representing herself as the
widow and as guardian representing
six minor children OF Patrick Kennedy,
filed a suit for damages against the
company for $30,250. The suit arises
out of the unfortunate Malad bridge
accident, wherein Patrick Kennedy was
killed. The grounds are the same as
those advanced by Messrs. Evans d
Rogers in the various other suits grow
ing out of the same accident.
The accident happened on the Sd of
April, 1897. Kennedy was passenger
and the train was derailed. 1t is
claimed that the defendant company
was operating its train over a defective
switch and at 4 dangerous rate of
speed, which facts caused the accident
and the death Of Patrick kennedy, nus
band and father of the plaintiffs. The
Idaho statute invoked reads: When
the death of a person net being a
minor is caused by the wrongful act or
neglect of another, his heirs or personal
representatives may maintain an &C
ton for damages against the person
causing the death; or if such person be
employed by another person, who is
responsible Tor his conduct, then also
against such other person. In every
action under this and the preceding
section such damages may be given as
under all the circumstances of the case
may be Just.
The First National Bank yesterday
filed an action against James Wother-
spoon ct al. for the foreclosure of two
mortgages and for the recovery re-
spectively of $1,000 and $4,000; and for
deficiency judgments. attorneys fees,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25

Neohi Utah. June 24-The last two
days Of Judge Higgins court have been
occupied in the trial of the case of the
state against Anna Marks fer assault
with q deadly weapon with intent TO
commit murder The evidence brought
out by the prosecution was much the
same as that elected on the preliminary
hearing Of the case. The affair hap
pened some months ago at Eureka City.
The defendant had her store and resi-
dence adjoining what has been a va
cant lot, and through which vacant lot
she gained access to the back Of her
place. Pat Shea had been kind Of
shauowing this vacant lot, improved IT
in various ways, and at the time of The
difficulty was arranging some POSTS to
make a fence, which defendant claims
would prevent her from getting into
the back of her premises with a
wagon. She requested Shea to stop his
work, which he refused to do. ana she
went TO the city attorney to get a war
rant OF arrest against Shea, which was
refused her, on The grounds that her
dispute was in the nature Of a civil
action. The defendant claims she tried
10 get the county attorney to get out an
injunction 20 restrain Shea, but that ne
TO the scene OF the difficulty and or
dered Shea and his men off again and
Immediately took a shot at Shea, who
sheltered himself as much as possible
behind the post. She fired three shots.
each time calling on him to get away.
One OF the shots struck the post behind
which Shea was sheltering himself.
After the fourth shot she was caught
by the marshal and arrested.
Judge Powers, for the defendant, en-
deaVored TO show circumstances CT jus
tification. under which his client would
have a right to protect her property TO
the extent to which she did.
Mrs. Marks is well known in court
circles. both criminally and civilly, and
her dramatic manner of testifying
brought a large crowd to the court
house, which was only increased when
Judge Powers made his eloquent plea
for his client.
The jury, after being out about an
hour, returned a verdict of guilty OF as
sault with a deadly weapon with intent
to do great bodily harm, and recon-
mended the defendant to the mercy of
the court.
Judge Powers gave notice of .inten-
ton 10 move for a new trial. and or
dered a copy of the testimony for that
purpose.
A jury was empaneled in the case of
Il @. Wilson, assignee of ShTiever &
Co, against John 7. Sullivan,
sheriff. Judge Dey has the
plaintiffs case and J. NJ Zane
is conducting the defense. Shriever
& Co. made an assignment about a year
ago and Z. c. NJ. 1. and other creditors
attached the assigned property on the
ground that the assignment was fraud
uleut. Suit was brought TO dissolve the
attachment. and the trial resulted in its
heinz dfccnlx-aA I. 4
is bringing suit against the sheriff. who
sold the goods, for $40, 900 damages for /
the conversion OF the goods and the
wrongful suing out Of the attachment |
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
ALL WERE KILLED.
Not Soul Left of the Dhanis Ex-
petition of the Headwaters of the
Nile.

Not a Soul Left of the Dhanis Ex-
petition of the Headwaters of the
Nile.
Brussels, June 24.-The Reforme says
it learns from a good source that the
entire Dhanis expedition TO the head
waters of the Nile, including NJ Baron
Dhanis himself. has been massacred.
Baron Dhanis last year enlisted 5000
men in the Congo Free State to take
part in a secret expedition. The Brit
ish government allowed a number of
its Hussas troops to join the eXpedi
ton, but it was officially denied that
an Anglo Belgian movement had been
concerted against the Mahdists. The
general impression, however, was that
this force was to act in conjunction
with the Anglo-Egyptian expedition
up the Nile, and take the Mahdists be-
tween two fires and eventually COM
plete the re-conquest Of the Soudan.
AT last NJ. Dhanis was reported to have
arrived at Lado. north of the territory
of the Congo Free State on the White
Nile, and some $50 miles north of the
Victoria Nyanza- 1t was then under
stood that the Dhanis expedition would
push on northward in the direction of
Khartoum.
Early in December last, it was re-
ported that the expedition hadmet with
disaster and that Baron Dhanis had
been killed. Later it was authoritative
ly stated that there was no ground for
the report and that when last heard
from in September the baron was at
Stanley Falls. 600 miles from the near
est Dervish force.
Baron Dhanis was born in. London
in 1862, of a Belgian father and a
mother of English extraction. In 1884,
he became a lieutenant in an infantry
regiment, and later was entrusted with
a mission to Zanzibar by the Interna-
tional African association. He soon
displayed considerable ability and was
appointed by the Belgian government
to the command of the expedition TO
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
COURT REOPENED.
Judge Rolapp Again Doing Business
New Jury Panel-Cases Set.

Judge Rolapp returned from his trip
to the west and northwest yesterday
and at once took up the court business.
The April panel of jurors was excused.
The following jurors were drawn to
serve during the July term: John
Greenwich, c. H. Barton. William
Yeager John Russell, George B. Ward
law, Joseph Felt, Thomas Slater, John
F. Stoddard, A. w. Putnam, j. A. Has
sell, David S. Tracy, It. Y. Sanford,
Marcus Farr, James Richey, William
H. Tracy, Walter w. Crane, Merlin j..
Stone, O. H. Hickenlooper, A. J. War
ner, c. c. Berringer. John V. Bluth.
Milo Sharp, L. NJ. Nelson and Thomas
B. Guthrie.
William Croco VS.. Oregon Short Line
Railroad company; demurrer of defend
ant submitted and ordered without ar
bument and ordered overruled and
given ten days to answer.
Katherine Hoyrup VS.. John F. Hoy
rup; ordered that plaintiff be granted
decree of divorce as prayed.
State of Utah VS.. Henry Larson was
set for July 9. -
State of Utah VS.. a. C. Schade also
set for July 9.
Ferrand and Votey Organ company
VS.. Abbie Anderson ct al; and Farrand
and VOtey Organ company VS.. Church
Extension society of the NJ. E. church,
set for July 10.
MONDAY, JULY u.
State of Utah VS.. Joseph Dennis.
State of Utah VS.. Jonathan A. Brown
ing.
WEDNESDAY, JULY IA.
State of Utah VS.. Edward C.
Stephens.
Mary E. Little VS.. A. T. Christensen
ct al.
John f. Dooly VS.. Mary A. Helliwell
ct al. reports of receiver filed June 10
approved and receiver discharged. The
findings of fact and conclusions of law
and decree entered in this case on May
were amended and corrected by order
of the court.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Buffalo, New York. Boston

And New England points are reached
in the most comfortable manner via
the Lake Shore & Michigan Southern
Railway. The summer train service
via this line affords morning, after
noon and evening trains from Chicago
at convenient hours. Il complete sched-
ule of which will be furnished on ap-
plication. Tourist tickets to the many
ccol and delightful resorts of the east
including Chatauqua Lake, are now on
sale. \ handsome illustrated Tourist
Book showing routes and rates TO these
points, Will be sent free on request. If
you contemplate an eastern trip this
summer, the printed matter referred
TO will be of interest Address b. p
Humphrey, T. P. A, Kansas City, Mo-.
or c. K. WILDER, A. G. p. A, Chicago.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25

and first-class opera as often as once 3
month. When Park City people Will be
too busy to hold Office IN this municipality
we could elect Salt Lakers to all the
| lucrative and most honorable sinecures
A list of such soft snaps would include
mayor, city marshal. city clerk, police
judge and city attorney That is all al
present. When that hospital. for the
erection of which the legislature in the
plenitude OF its paternalism voted the
magnificent sum of 5000 TO erect in Park
! City, providing Park City would
make contribution equal to $4,000. is
erected, 4 few soft places would be pro-
vided for a few more of Salt Lakes poll
tcians out of a job. Thus we get A
glimpse Of the vast possibilities which
the absorption of the L. c. by the R. G.
". is likely to open up for politicians in
the full enjoyment of a pull.
NOTES AND PERSONALS.
Thomas Kirby White. of the DAILY mine.
3ourneyed to Salt Lake today. He is
interested N several promising mining
claims in Box Elder county.
Hon. G. w. Bartch. associate supreme
court Justice, accompanied his daughter,
Miss NJ. a. Bartch. TO Park City today.
dhls was Miss Bartchs first visit 10
Park City.
John Leslie Boyden, county clerk of
Summit county, came from his home at
Coalville yesterday.
NJ NJ Donovan. assistant chief of Salt
Lakes fire department, drove up from
<.AoAi. yesterday 10 WISH MS ana
sister ere his departure for a few weeks
vacation on the Pacific coast.
g l.. Darling has gone to Ogden.
Miss Ruth EldridGe and party arrived
from salt Lake this morning. She is the
guest of Mrs. W. S. Sharp.
Prof. D 5. /. Corckle, late of the
Park City public schools. left for Salt
Lake today.
Mr.. ard Mrs. H. G. McMinen and
Walter Amy. who attended the Ferris
Browne nuptials last evening, returned to
their Salt Lake homes today.
John Henry Deming, William Archi-
bald and II. o. Young, three as patient
lone fishermen as ever anSled for the
inny tribe. arrived home today from a
campaign on the Strawberry. They are
sunbronzed and burdened with that tired
feeling. When asked to name how many
shining beauties the party captured the
party replied: I must read the law
first
Representative Charles A. Calls. of
Summit county, has accepted the position
or manager of saw mill at Woodland
for the Ontario Mining company
Sherin George Lindsey and County At
today.
George Leonard. of Kamas. whose wife
is one of the heirs to the Trinity chuch
property in New York. valued at millions
Is in the city today. He is as unas-
sumtng as if he were heir to no more
property than your correspondent is.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25

IN THE DISTRICT COURT. PRO
bate division. Third Judicial district. in
and for Salt Lake county. state of Utah
In the matter Of the estate of Walter ].
DinwooGey. deceased. Notice.-NOtice is
hereby given that H. NJ. Dinwoodey, ad-
ministrator of the estate OF Walter J.
Dinwoodey. deceased. has rendered for
settlement. and fled in said court his
final account of his administration OF said
estate and petition FOR final distribution
OF the residue of said estate among the
persons entitled thereto. and that Satur-
day the 10th day Of July. \ D. 1887. at
900 O'Clock. a. m. at the court room
of said court. in the county court house
Salt Lake city and county. Utah. mas
been duly appointed by the judge Of said
court. for the settlement Of said accoslnt
and hearing said petition for distribution
at which time and place any person in
terested in said estate may appear and
show cause. If any there be. why said
account should not be settled and an
proved and final distribution made as
prayed for
Dated June T. 1897
DAVID C DUNBAR. Clerk.
By GEORGE e. BLAIR. Deputy Clerk
Moyle, Zane & Costigan, Attorneys for
Administrator.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
=
For Fighting Fires.

New York. June 24.-An experiment
has been made at a fire in the down
town district which may prove Of i'm
mense benefit in fighting flames. DIR.
Gustav Schoeller went to each company
stationed at the blaze. and with a little
brush put drop OF cocaine in the eyes
OF every fireman Some tests have been
going on in the department by which
IL has apparently been proved that the
cocaine would enable the men to look
through smoke 10 minutes or more.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25

And in accordance with the law and order
OF the board of directors. made on the
18th day of May. a. D.. 1897. so many
shares of each parcel of said stool, a.
may be necessary will be sold al the
office of the company. No. 160 South Main
street. Salt Lake City. Utah. on the 10th
day Of July. 1897. at o'clock D. m. to
cost of advertising and expense of sale.
WILLIAM p. WALLACE
Secretary Tetro Mining Company of Tin
tic.
Salt Lake City, Utah. June %. 1897.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Building Association Wrecked.

Chattanooga, Tenn, June PA bill
was fled in the chancery court today
by A. a Dickey, Charles Frimm and
Charles Pagan, all of Ohio, stockholders
in the Hamilton Building and Loan as
ISOLATION, Of this city, seeking to wind
up its affairs. The bill charges that the
concern is insolvent and losing money,
and has been for years, and asks that
receiver be appointed. 1t also charges
that the association has been charging
usury. and that it cannot collect money
claims that it has now out.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
NOTICE TO CONTRACTORS.
sEALED Bids WILL. re REcEIv

SEALED BIDS WILL BE RECEIVED
by the board of regents of the University
of Utah until noon on the S0th day Of
June. 1897. for the heating and ventilating
of the Normal school building OK the
University of Utah. Separate bids will
be required for u the heating ara venti-
lating, and t2) for the carpenter and
plastering work in connection with the flre
construction. The board of regents r.
serves the RICH. TO reject any or all bids.
Plans and specifications may be seen at
the office of r. Kletting, architect. Hooper
& Eldredge building. Salt Lake City.
Utah.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Situation is Ser;nus-

Trenton, n. j., June 24.-The situa-
ton in Morrisville, Pa. where 300 Ital-
ian laborers have threatened violence
unless their money is forthcoming. is
still precarious, although there is a ces-
sation OF hostilities.
Sheriff Aaron of Doylestown arrived
this morning and swore in 20 deputies
These are guarding the Hoagland house,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
HALF RATES EAST
union Pacific svstem-

Denver, Colo. and return. .s22 so.
Tickets on sale July ), 6. limit July 81.
Minneapolis and return. S3S 40
Tickets on sale July l and >, limit
July 81.
Milwaukee and return. So
Tickets on sale July ?. 3, 4, limit
August 81.
Please call at Union Pacific ticket
office. No. POI Main street, for further
particulars
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Something to Knn,v.

It may be worth something to know
chat the very best medicirc for re-
storing the tired out nervous system
to a healthy vigor is Electric Bitters
This medicine is purely vegetable, acts
by giving tone to the nerve centers in
the stomach, gently stimulates the
liver and kidneys, and aids these or
gans in throwing off impurities in The
blood Electric Bitters improves the
appetite, aids digestion, and is pro-
nounced by those who have tried il as
the very best blood purifier and nerve
tonic. Try it. Sold for soc or 81 90 per
bottle al z c. NJ / drug dept
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Protesting Against a Beer Tax.

Washington. June Ex-senator
Spooner, acting for Senator Cullom in
the latter's absence, today presented a
petition TO the senate signed by 1890
citizens of Chicago, protesting against
the proposed beer tax increase. The pc
tition filled wooden box two by three
feet in size, and was carried out of the
senate chamber by two men.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
AT PARK CITY.
News of the Sale OF the Utah Central
FavorablY Received.

Park City. June A.-The news of the
purchase Of the Utah Central road by the
Rio Grande Western is very fayorably
received at Park City. As soon rs the
Western obtains control of the Utah
Central branch and changes it, to a
standard gauge we hope TO be able TO.
visit Salt Lake in the morning ard re-
turn in the evening in time for az s
O'Clock dinner We hope to receive more
and cultivate their acquaintance more.
When our grand opera s1use is in full
blast. rs we hope it will be the first
week in September next. Salt Lake people
raay come u2 and enjoy good society
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
Veteran Printer and Pioneer News.
paper Nan Run Down bv a Train.

Chicago. June 24.-Robert Fergus, 50
years of age, the veteran printer and
retired newspaper man, was instantly
killed by a fast suburban train on the
Northwestern line at the May street
crossing, South Evanston. last night.
In the binding storm the sturdy pion-
eer octoSenarian tried to cross the
tracks in front of the fast-moving
train. and was ground to death Par
tial deafness was one of his Affections
and this, his son thinks, was the cause
of his not noticing the train. Mr.. Fer
gus enjoyed the distinction of having
originated and printed the first Chicago
directory. Among the books on which
Mr. Fergus set type when he learned
the trade in Glasgow, where he was
born, were SCOTS ''Marmion, The
Lay Of the Last Minstrel" and The
Lady Of the Lake." "Sturm's Rehec-
tons and Professor Meadows italian
and Spanish dictionaries.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25

katanga- He defeated Gongolutte. one
Oh the most aggressive of slave-trading
Arabs. defeated zefu and Munie Mo-
MARIE ana captured Nyangwe and Kas-
songo- Dhanis aslo inflicted a crusbine-
defeat upon Rumaliza. Completely
overtnrowing the Arab rule in that
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-25
EDWARD DEAN COOKE,
Congressman Found Dead in His
Room at the Capital.

Washington, June 23.-Congressman
Edward Dean Cooke was found dead
in his room at the Cochran hotel this
morning. presumably of heart disease.
Mr.. Cooke retired about II o'clock last
night. apparently in perfect health
At 2 o'clock this morning Night Clerk
Cochran was called TO his room and
found him suffering from nausea, bat
he soon recovered and declined to have
81 physician called. About o'clock Mr.
Cochran went to Mr.. Cookies room to
inquire for him. Mr.. Cooke was dead
and the physician who was summoned
said that he had been dead for several
hours. Mr.. Cooke was a native of Iowa
and IS years old. He was educated in
the public, schools of Dubuque and later
was graduated from the Columbian
University law school of Washington
and admitted to the bar. In 1882 he
was elected to the Illinois legislature
and served on important committees.
He was elected to the 54th congress
from the Sixth Illinois district and then
reelected to the present congress.
The proper way TO build health is to