davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
NOTED PEAK CLIMBERS.
A HARD AND DANGEROUS UNDERTAKING,


Correspondence "Deseret News"
Murray, Utah, Nov "a climbing
match took place here between Her
man Niepag, a noted Pixies Peak
climber and mountaineer, and young
Claude Victoria venturesome and skill
ful snow-shoer and mountain climber
of the Grand Tetons, Wyoming.
The climb was from Murray to the
top of the Twin Peaks and back to the
starting point There was a bet Of
one hundred dollars upon the contest.
The men were both started at sunrise
and both expected to he back by sun
set the same day. They had a hard
and dangerous climb. The Pixies
Peak man was a stout and skillful
jumper and while he was leAplng down
perpendicular lodges from ten to eigh-
teen feet, the Teton man would attach
n sixtyfoot rope to some handy rock
or mahogany tree and would fasten II
in the center so as to make the rope
thirty feet long when doubled. Then
he would slide down the rope till he
found some convenient place for n toe
hold in some crevice In order to let
loose of one end of the rope and pull
1t down by the other to make new
fastening in the next handiest place.
To reach the top of some of these
places they would climb trees that
grew up against a ledge. In getting
to the top of II there is about two
thousand feet of ledge climbing, There
had never been a man on the north
Twin Peak before. 1t was surprise
to everybody that was interested in
the matter.
In five hours after sun up young Vic,
tor put the American nag ON the top
of the peak where 1t waves seven
thousand feet above Salt Lake valley.
and can now be seen from here with
glasses.
Mr.. Niepag built fiis about two
hundred feet from the top Of the peak,
which could be seen distance of
twenty miles Mr.. Niepag as well AS
being a mountaineer was Il good
hunter. but the Wasatch mountains
having n scarcity of game, he only had
the luck of shooting a porcupine out
of the top Of n tree about fifty feet
high. Young Victor was back one
hour before sunset TO receive the
stakes, which he had won by hard
days work. y.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
ANOTHER REVERSAL.
Case of sidney stevens vs. Lindsay II,
Rogers.

The Supreme court also reversed q
Judgment and directed the lower court
to grant new trial. in an opinion
handed down today, in the case of
Sidney stevens, appellant VS. Lindsay
II. Rogers, respondent.
Mr.. Stevens, an ogden business man.
delivered to Mr.. Rogers. n practicing
attorney Of the same city, fifty-four
prOnissory notes to collect. The notes
amounted to sg095.56. A contract was
entered into between the parties which
bound Rogers to use all diligence in
collecting the notes. and II they could
not be collected without entering suit
he was to report the fact to Stephens.
who bound himself to furnish all neces-
sary costs. Stephens brought suit
against the attorney, alleging breach
of contract in that he did neglect to
collect the notes. 1t was also alleged
that Rogers returned twenty-eight Of
the notes, but that he did not state
whether any part of them had been
collected and also refused to account
for the remaining twenty-six.
stephens alleged that by reason of
this he was damaged in the sum of
$500.
Rogers In his answer admitted hav-
ing received the notes. but claimed that
he lived up to the spirit and letter OF
the contract. He further alleged that
action against him was barred by the
statute of limitations.
At the trial Rogers admitted that he
had not returned the twenty-siX notes.
The trial court rendered Judgment
I'm favor of the defendant, finding that
plaintiffs cause of action was barred
by the statute Of limitations, and also
finding that Stevens had not sustained
any injury or damages.
Regarding the defense on the sta
tute of limitations the court holds
that it Is denied the defendant un-
der the statute and says the burden
was upon him to prove them, unless
the evidence of the plaintiff fur
nished the proof. Until the defendant
had disnvowed the trust reposed in him
the court holds that the statute could
not commence against the plaintiffs
right of action.
The court holds that the lower court
erred In its judgment and concludes as
| follows:
when there has been full and fair
presentation Of the case on trial in the
court below and the appellate court
can say as u matter of law that no
more than nominal damages was
proven. a Judgment of reversal will
not he made; but when the court Is
not clear as TO such presentation and
trial. reversal should be granted and
a new trial ordered.
In view of the allegations OF plain
! tins complaint, and OF the evidence
in the record, we nre not satisfied that
plaintiffs case was not fully and fair
| ly presented to the trial court
THE Judgment appealed from is re-
versed, and the court below is directed
| to grant n new trial"
The opinion is concurred In by Chief
Justice Zane and is concurred in by
Justice Bartch and Justice Miner.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
ADJUSTMENTS.

Tonight Dante (Eliason) viii give
the opening performance Of his en-
gagement at theTheater Of two nights
and matinee. Much interest has been
manifested in the appearance of this
wonderful magician who has stepped
to the front rank in his profession in
II remarkably short space of time.
Many of the features Of his perform
ances are entirely new and have
never been duplicated by others.
Tomorrow afternoon a popular priced
matinee will be given, the engagement
closing with the Saturday evening
performance.
NJ. u. Curtis In the play of Saml
Of Posen continues to draw fair sized
houses at the New Grand, and the
play seems to please all classes To-
morrow afternoon a matinee VIII be
given. and the regular performance
in the evening will close the engage
ment.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05

err end of the stick and the island was
melting away. one by one they were
taken out, the guide accompanying
the rescued one each time to place
of security. Why they did not all fol-
low the fret one out when he rec
turned, puzzled me. but they did not.
The smaller ant now hurried forth
with the last one Still he was not
content and rushed back in search of
others.
The little hlllock was now melted
away. and he turned to seek safety
for himself. He did not seem so much
concerned as before. He did not
hasten, az when conscious of rescuing
others. The water was running around
the stick, The last avenue OF escape
seemed closed to him forever. He
went to the highest point and settled
down perfectly still His previous
conduct convinced me that he now
fully realized that the case was hope
less, as far as he was concerned.
Must the brnvest OF them all thus
die when he could easily have made
his escape long ago? He willingly
rlslced his own life that he might
serve others. Could n more genuine
example of heroism be found In hui
man annals2 Could n more striking
example of brotherly love and unset
fish devotion be shown? Could more
earnest solicitude for the life of others
be instanced? | think not.
Within his own power this little in
sect had no possible means of escape.
He did not fear death; nor did he die.
but he was last to escape. | lifted the
stick from the water and laid 1t on
the ground He crawled hurriedly
away to his companions whom he had
so recently torn from the grasp of
death. Whatever I may have done
for them, can but feel that, in his
example, the little hero ant did much
more for me.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
Variations in the Earth's Magnetism.

Boston Transcript: Professor Frank
II. Bigelow, of the United States
weather bureau, who has for several
years been trying to discover how
close is the correspondence between
meteorological changes and certain
fluctuations in the earth's magnetism,
said before the British association at
Toronto that certain simultaneous be-
havior OF the magnets at widely seat
tered observatories suggests the posi-
bility that the earth is immersed in
what Is called n magnetic field. in
which there are variations OF intensity,
and which may proceed from the sun.
These variations. Professor Bigelow
says, show n tendency to fall into
typical curve. In March and Septem-
Der that curve stays right side up, but
at the solstioes It is upside down. The
main object of this principal paper was
to explain this reversal, which he did
by showing that 1t apparently depends
upon the earth's position in its pnth
around the sun. He gave a brief de-
scription Of special watch which had
been made in Munich in conformity
with his ideas for experimental pur-
poses. a small magnet was suspended
on the balance wheel, and was appar-
emily affected by the aforementioned
changes in the intensity OF the mag
netic influence coming In from outer
space. ON some days the watch would
gain 100 seconds or 200 seconds. on
others II would lose as much. II
seemed to tell the same story as the
costly instruments in the special mag
netic ohservatories. Unfortunately the
vertical force" mugnets in the Wash
ington and Toronto observatorles have
recently been rendered almost worth
less by the disturbing influences of
adjacent trolley lines.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
Evolution in Girls.

Age 15-she longs to be older, so as
to attract mems attention.
10 Years-She begins to form vague
idea of what people call passion.
II Years-She talks about love in a
cottage and dreams of a tender affec-
ton free from sordid interests.
IS Years-She silently adores some
young man who has shown her u little
attention.
10 Years-She is somewhat harder to
please and much less amiable. because
the papers have given her n ilattering
notice at her debut.
20 Years She is called the beauty of
the hour, and being proud Of her
charms becomes naughty in her de-
meanor.
81 Years-She firmly believes in the
power of her bright eyes, and expects
to make a brilliant match
% Years She refuses an excellent
offer because the man is not stylish
enough.
90 Years-she hirts with all the
young men.
"a Years-She wonders why she is
not married yet.
25 Years-She becomes a little re-
served in her manner.
% Years-Shc begins to think that
she might be happy without marrying
an immensely wealthy man.
81 Years-She prefers the society of
the sensible to flirting.
2S Years-She would like to marry a
comfortable living.
90 Years-She almost loses hope of
ever marrying.
80 Years-she breads the possibility
of being called old maid.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
MINOR MENTION.

A marriage license was granted to-
day to Frank =. Despair, aged 10, of
Granite, Salt Lake county. and Mar
garet b. Butler, aged is, Salt Lake
City.
bennington correspondence of the
Willard Progress says that fourteen
cars OF cattle were shipped from that
place last Thursday. their destination
being Grand Junction. Colo. The cat
tie came from Holden. Oak City and
bennington. The price received for
wo-year-old steers was $40 and for
three-y ear-old $23. Hf
Willard Progress: About $3.50 Thurs
day evening. the Fillmore meeting
house was the scene Of q small blaze,
creating some excitement. The fire
was quickly brought under subsection,
and no damage to speak Of was done.
The fire started near the roof. on ac-
count of a shortage of stove pipe.
The organ and part of the benches
were quickly taken out after the
alarm was given.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
PANTS AND oyERcoATs.


Do you wear pants? II so 1t would
be we'll perhaps. to wear them all the
time to avert the danger OF having
them stolen, and the necessity Of hay
ing to recite tale OF woe at the police
station rs one young man did before
Desk Sergeant Smith this morning.
The young man referred to is roomcr
at tho st. James Hotel and he COM
plains Of having had two pairs Of trou-
sers stolen by some light fingered ludl-
vldual during the silent watches of the
night. BY gosh l need those pants"
was the young mans concluding re-
mark as no left the station. after Civ
ing q description OF their color. texture.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
ScnReld Notes.

A correspondent writing from SEQ
field, Carbon county. Nov. 3, says: The
town election yesterday resulted in
victory for the Republicans. II. II.
Earl was reelected president of the
town board.
our new mine inspector, Conner
Thomas. has made his first official visit
to the mines. Ife WAS here the lat
ter part of last week.
In Wyoming, when mine inspector
makes an examination, he makes out
detailed report of the condition of the
workings, and posts 1t up at the
mouth OF the mine that the miners may
read It. and may perhaps avoid some
lurking danger that might be detected
by the inspector. But we are in Utah
and that's different.
Mrs. VIM. Parmley gave birth TO a
fine boy on Monday last. At the home
of j. II. Ingles. little girl has just
arrived.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
IMPORTASr MINING SUIT.
Judge Hiies Overrnies Motion for New
Trial In the Cnse OF Hays VS. Lavagnine.


Judge Hiles gave his decision today
on motion for new trial in the case
Of $ HAYS VS. G. Lavagnine ct al. over
ruling the motion. This case involved
the title to the area surrounding the
Gladstone and Montreal No. 1 mining
claims, situated in the West Mountain
mining district, Salt Lake county. The
decree of Judge Hiles, rendered last
September. was In favor of the defend
ants when the attorneys for Hays
made motion for new trial. citing
as error that II wasn't shown that the
locators of the Gladstone mine discov-
cred metaliferous vein or lode OF
rock before making the location.
Referring to this the court says: "If
one attempts to locate a mining claim
on the public domain before he has
discovered a vein or lode or rock in
place bearing mineral. and another
subsequently discover a lode or vein.
and then locates under the laws of the
United States and of the State and
Mining District where the claim is sit
uated. the latter will get a superior
right to the possession as against the
former locator" The plaintiffs. in sup
port of their motion, relied upon the
case of Erhart VS. Beare. 1l3 4. s., 527,
in which case the court held that there
must be something beyond a mere
guess on the part of the miner to au-
thorize him to make n location which
will exclude others from the ground
such as the discovery OF the presence
of precious metals in It.. or in such
proximity to It ms to Justify n reason
able belief I'm their existence. judge
Hiles SAYS that there was sub
sequent explorations made by the
Gladstone locators, by which they dis.
covered vein, Concluding, the court
says; THE location appears from the
evidence to be what the Supreme
Court of the United states in the cast
cited called a speculation proceeding
which initiates no pght.
The motion for new trial is over.
! ruled"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
AN ANTS HERolsM.
It Saved Number Of Little Insect Lives and
and Had No Fear Of Death Itself.

st. Louis lobe-Democrat: The sun
was just setting when returned,
slightly fatigued, from several miles
ride on my wheel, As is my custom
on returning home, took the garden
house and turned water into a small
trench which had been dug around a
maple tree for the purpose OF, holding
water sufficient time to permit the
dirt adjacent TO the roots to become
thoroushly soaked.
Sitting down near by, my attention
was soon attracted to group of small
ants rushing hither and thither in an
endeavor to escape. The bottom of
the circular ditch being covered. about
twenty of the ants sought safety on
a large clod Of earth. At first they
were scattered about over the highest
part of the little mound and to all APP
pearance were Indifferent as to their
surroundings.
After a little while one of the number
proceeded leisurely around the little
island, and after finishing the circuit
hurried back TO his companions. 1t
appeared that they then. for the first
time, realized that they were surround
eded by water. The survey was re-
peated several times in quicksuccession
The group OF ants gathered more close
~ together and seemed to he In a state
of restless anxiety. AS the water rose
the circuit grew less, the vigil more
earnest and the excitement more in
tense with each return Of the sentinel
They rushed about over each other
in a terrible state of agitation, for the
water was RAPIDLY approaching, There
was now hardly room for them to stand
on; Just a little while and that would
be under water. They ceased strug-
Cling, settled down into motionlnss in
activity and seemed entirely resigned
to their fate.
I picked up little stick and laid II
acros the water To the point where
the ants were. They seemed daZel.
and did not instantly take advantage
Of the means Of escape thus afforded
them. one then crawlcd hurrledly
upon the stick, went It's fun length out
and over the blades Of grass on to the
dry land. without a seco o. hesita-
ton he turned and retraceUhis steps
back 20 his companions. Now the
smallest one Of the group returned
with him to dry land They both re-
traced their steps and the work of
rescue began. They seemed passive.
entirely suhservicnt TO the VIII of these
two Each with a companion, hast
ened out to place of safety.
The small one was much the more
active, rescuing about three TO the
larger ones two, Time was precious
as the water was rapidly Rising; Il
would soon be running around the out
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
PROVO.
Notes and Personals.

'pNsS ahN " so'ANSf
VIM. Probert is down from Park
City.
e. A. Gregory, of Salt Lake City.
has accepted n position in Silvers
printing office.
This evening the members of the
board of education, the teachers and
the citizens living on Provo bench,
near the new Lincoln school. viii have
a social in the new school house.
Morris Jacobs. 1.-The Midget San
DOVE" attracted Il small house at the
Opera house, but he succeeded in
pleasing those who came out to see
him by his wonderful exhibitions of
strength.
]. w. Clark. Washington. d. C., In
dian claim agent, is in Springville in
vestigating claims of some of the old
settlers for Indian depredations, COM
mitted in the early days of the Terri
tory.
William jackson, of American Fork,
has appealed from n decision rendered
in Justice Hunters court where he was
fined S2.25 and costs, amounting to
sl5.75, for riding a horse over Timothy
Douglas on Oct. Sth.
Mr.. and Mrs. Emil Maeser's 3-year-
old son. Carl. died Wednesday evening
from diphthcria; he had been sick for
about a week and strong. hopes were
entertained for his recovery until a
short time before his death. The fun
eral took place yesterday. There are
no other cases Of diphtheria in the
city.
The skeleton found in Spanish Fork
canyon proved to be that of an Indian.
Some Of the bones were decomposed
and those which We're in better state
of preservation had heen gathered and
placed in the sack by some one. and
left in an old cabin whore they were
found by the sheepherder.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05

John l.. Lawson VS. New American
Gas and Fuel company; demurrer to
complaint continued without date.
s. r.. Casino vs. Alfred Lambowne;
motion to set aside order OF July 1ith
continued without date.
a Holt and Sons VS. Fox, Watson and
company; motion for new trial. ordered
stricken from the calendar
Salt Lake Dairy and Fish COM
pany VS. John II, Bailey II al; demurrer
to answer and counter claim sustained
and ten days given to answer
VIM. Freobairn VS. ]. Spnldlng; mo-
tlon to dismiss argued and taken I'M
der adyisement
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05
/ X. |. MINING CLAIM.
Dispute Over the Title 10 a TwO-Thrds Inter-
est in the Property.
SUPREME COURT REvERSEs LOWER COURT
Decision In Case of stevens Vs. Rogers
Motion for New Trial overruieu-
Heavy Mortgage suit-Notes'

r,...... ao,,,, handed down an
Ihe 9uptVi''1 - ro,,as "
opinion todhy III 'he o"se VI
Bacon, as administrator oil the estdVe
NJ IVr,Iam f. Aulls, deceased ct al,
80, to,,,,h Thornton. ct al.
Appearance ~ -, -. ,,r,to, Of
respondents, reversing that po'l'O'i
the decree and judgment appealed
GROW, and demanding the cause with d.
- -, ,a,o,,. IN grant
rectiohs 10 'he ooui' U'"
n new trial.
Justice Bartch delivered the opinion
,,t,toh ,.os corcurred in byChiefJustice
"Hieh 49,. ,,,. 11a,r,, II
Zane ana Dlstlct 'uuse iVN'
Rolapp.
Action in this case was brought by
~, A.. totrs a, Iviniam
Mr. Bacon anu '"e -,
+. Aulls TO quiet ute III anu W az
undivided two-thirds interest In the l.
v l. lode and mine located In the
~ - ~ N -. ',,,,.,.. rive
west Mountain hlii'ihs uio'''o'' -e
ham, Salt Lake County. An account
fnr from Thornton was also asked for.
a. .,a,,aa ,tot ha took from the
peihe ""es 80. -,..a, 49,,
mine large quantity OF hllherai oies'
converting the money derived from
+be sale thereof to his own private
49,
use
Thornton made answer denying the
allegations set forth in piainun 5
complaint, and by way or cross COM
plant, made claim for number OF
improvements he had made ON tine
property.
The case was tried before Judge
Norrell on the 3rd of last June, the
court among other things. deciding
that the plaintiffs were the owners OF
the undivided two-thirds interest in
the mine, but rendering judgement in
favor OF Thornton. for the improve
ments he claimed to have made, in
the sum of 81. $40, with interest.
The plaintiffs then moved for new
trial which the court overruled and
from that order an appeal was taken.
The appeal from the order denying
the motion for a new trial the SUI
prerne court has already ruled ineffec-
tual and passes upon the Judgment
only.
The nInIntiffs contended that there
WINS no evidence TO supDort the iudg-
tnent rendered. Il point the court
holds. we'll taken. The court holds
that tho evidence ala not show
whether the work done nv Thornton
irnnroved or enhanced the value of
tba mine ord f,,rtbar s.vs that N is
ouIte ntohnbl. that the work might he
3erformed In mine which dnmnqed
rstbar than hanotits IL
conc,u1ine the count GAYS. "-rbe do.
oras - ~ ;,iai cn,,,., rrds, ti,a a,,i
danca onnaa,ing in Tho racord IL, 90
To, ne q a,,,ards tbe dafandant ',horn.
Ton connnoneation Tor imnrnvaments
and maltea the ann avn rfed N lien or
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05

Chilicothe News: A peculiar acci-
dent happened this morning to the en-
gino ON passenger train No. 1 at Me-
Arthur Junction. AS the train was
speeding along through the darkness
the engineer and fireman were startled
by crash in front and then the head
light went out They thought at first
that stone had been thrown into it,
but an Investigation showed that big
crow had flown straight into the light,
shattering the glass. The light threat
ened to explode and finally burned out
The CROW, which had broken Its neck.
was tshed out In n badly slnged CON
dl;ion and was hanging up In the
roundhouse this morning.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-11-05

upon him 90 show that they inherit as
Gets from the ANCESTORS estate"
"'rhe suulclvnoy ~ some OF the al
legations 10 the cross complaint has
also been drawn IN question, but as the
case must he reversed and as leave
may be given 90 amend discussion Of
this point is not deemed necessary.
Nor Is Il important 10 discuss any
other question raised I'm the record,
"The portion ~ the decree and judg
mcnt appealed from Is reversed. aud
the cause Is remanded. with directions
20 the court below to grant "A new trial.
respecting the improvements. and per-
nit the parties to amend their plead
ings II they desire To do So"