davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-11-24
MCNALL Is SUSTAINED.
Judge Foster ROasts Him, But Holds That
He Has Power to Examine the
Travellers.

III Tile rCuSldl COulI dI lOpChh
day Judge Foster held that the court
had no power to prevent the examina-
tion of the Travellers Accident Insur-
ance Company, thereby sustaining the
State law giving the Superintendent of
Insurance such power. In his decision
Judge Foster says:
"The statutes make it the duty of the
Superintendent of Insurance, when he
has good reason to suspect the correct
ness of any annual statement OF an in
surance company or that the affairs of
any company are in an unsound condi-
tion, to make or cause an examination
10 be made into the affairs of such COM
pany, There must of necessity be al
lowed 10 a ministerial officer liberal
discretion when required 10 do an Off
cial act upon a certain contingency be-
ing made to appear If he is acting in
good faith and not in manner clearly
indicating oppression in office or abuse
of discretion the courts will not inter-
fere 1t is charged by the complainant
that the defendant, Webb McNall in the
proposed examination Of complainant's
affairs is acting in bad faith and for
personal reasons, that he has no reason
10 suspect the correctness of its annual
statements or that its affairs are in an
unsound condition, and In support Of
these averments 1t has offered in evil
dence affidavits showing the character
of examinations recently made by the
defendant of other insurance companies.
1t seems evident from the testimony
that the examinations that have been
made by the defendant were of super
fetal character and of little or no benefit
TO anyone; and it is further apparent
that the charges for services and eX-
penses of his agents making the exam
nations have been eXtortionate, and yet
the question remains whether this Is
sufficient reason for the court to inter-
fere and restrain the defendant from
making an investigation of the COM
plainanr's affairs. 1t surely cannot be
offered as an objection by the complain
ant that the defendants proposed ex-
animation would be superficial and of
little value. 1t doubtless has right to
complain If any eXtortionate charge for
services is made against it and clearly
has the right to refuse payment OF any
such demand. 1t may be urged with
much reason that insurance companies
are not in position to resist the pay
ment of an unjust demand for services
Of this kind"
Judge Foster then quotes section 1924
of the Kansas statutes which confers on
the Superintendent Of Insurance author
ity to examine the affairs of suspected
companies and, continuing, he says:
"It is quite likely that the insurance
companies which have submitted to the
excessive charges for services of this
kind have done so under the apprehen-
sion that refusal might result in the
defendant revoking their authority to
do business in the State. Certain 1t is
that this power might be abused by an
tinscrupulous officer and yet 1t Is not
apparent that such apprehended danger
Juatifes the complainant in seeking the
4 aid OF a court of equity to restrain the
Ndefendant from proceeding to make the
Investigation provided grounds exist
The Advocate and news., 1897-11-24

Thirty-nine head were sold for about
$4,000, Bidders were numerous, but
most Of the stock went to Taylor 4
Valentine, Of Pearl, Kas. Plenty of buy
ers were on hand to take the cattle. The
proceeds of the sale will be used to
establish a dairy herd and a dairy
school, adding q feature of practical In
structlon which will prove Of great value
to the State.
The Advocate and news., 1897-11-24
Wichita County Bonds Illegal.

Attorney General Boyle, through his
assistant, Geo. r. Smelling. has been
trying to enforce the payment of $35, 900
Of Wichita county bonds held by the
state school fund.- but Judge Andrews
holds that the bonds were issued over
an injunction and are therefore void,
The case will be appealed to the Su-
preme court.
The Advocate and news., 1897-11-24
TRUTH ABOUT THE SALE.
President will Sends an Authoritative Re-
port on the Cattle Sale at
Manhattan.

In response to a telegram from the Advo-
cate and News, asking for the truth about the
recent sale of cattle at the Agricultural coli
lege, President viii sent the following state
ment:
Manhattan, November 20.-0n October
20 and 21 the board of regents had all
diseased cattle killed, and their carcasses
burned. There remained thirty-nine
head, which were examined by the three
experts employed by the board, viz:
DR., James Law, of Cornell University;
DR.. +, A. Geddes, of the United States
Department of Agriculture, and DR.. Paul
Fischer, Of the Kansas State Agricultural
College. These experts reported to the
Board that these thirty-nihe animals,
having bten twice tested with tuberculin,
with an interval Of nine months, and
having shown no indications Of tubercu-
losis, have better guaranty OF sound
ness than have the members of any Or
dinary untested herd, and are therefore
desirable animals for breeding pur-
poses"
Acting on this report of the experts,
the board ordered public sale to be
held November Is, 1897. On November
II the State Live Stock Sanitary Com
mission came before the board and made
an informal protest against the sale Of
the stock. They were requested to put
this protest in writing, which they did,
as follows:
Manhattan, Kas., November IS,
1S97-To the Honorable Board of
Regents, Kansas State Agricultural
College Gentlemen: We, the Live
Stock Sanitary Commission of the
State Of Kansas, desire to enter our
protest against the sale for breed
ing purposes OF what is known as
the college herd, as we deem them
unsafe to mingle with the other
healthy cattle of the State as we
believe they have been exposed to
and are affected with malignant
and contagious disease known as
tuberculosis; therefore, II sold for
breeding purposes and scattered
throughout the State, they might
cause the spread of said contagious
and infectious disease, to the detri-
ment and loss Of the cattle interests
of the State. Therefore we would
respectfully recommend you to ship
said college herd to some public
market for immediate slaughter and
sale for beef, subject to inspection.
Respectfully submitted,
FRANK WEINSHENK,
TAYLOR RIDDLE,
]. w. JOHNSON.
Members of the Live Stock SAINT
tary Commission Of Kansas.
The regents met to consider this pro-
test, and after full discussion OF the
whole matter, voted that, Whereas sci
entifc investigation has been made by
Doctors Law, Geddes and Fischer OF the
health of the herd, and these experts
report that the college herd is safer for
breeding purposes than any untested
herd, therefore be 1t resolved that the
sale proceed as advertised"
The sale was then made AT the close
Of the sale the sanitary commission re-
quested the Board to hold the cattle
one hour until the Commission could
consider the matter Of GuagantInIng the
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-12-18

O moment I was dazed, and / did not
remember that there were two who bore
this name
"'That is impossibleI exclaimed.
4 do not recognize you.
"'You will in a moment, he an
swered, and put his hand to his hip
pocket. Immediately understood. This
was the elder Marvel, and the time had
come for him to take my life or for me
to take his.
II was certain that he was at that
moment getting out weapon, though,
as it proved later, it must have been
that as evidence Of his identity he
meant to show me the locket which my
sister had sent to him. I think that he
wished to know where his daughter wa
before going to extremities. Be that as
it may, I thought that be was about to
raise his hand against my life, and so,
having a pistol already in my hand, I
shot him, and he died almost without a
struggle.
II at once proceeded to carry out my
long prepared plan. Istripped the body,
cutting the garments away, with the
exception of the long coat, which, with
much difficulty, I succeeded in remov-
ing without destroying, as I decided to
wear it away from the house. There
was not a moments delay, for I had
long been ready for this emergency
and so acted promptly. I got one Of my
own shirts, making sure that it was
marked with my name, and slipping
this on him made it appear that I had
been aroused after going to sleep. Next
I arranged the shirt so that it touched
the wound and allowed some Of the
blood to soak through. This served as a
mark, and / fred at it in order that
there should be bullet hole through
the garment and near enough to the
other for both shots to have entered the
same spot. Isuppose that my hand trem-
bled somewhat, and that is why, as the
doctor testified, this was but slight
wound and the bullet passed out again.
It can be found in the floor, Of course,
If it be deemed necessary to substantiate
my statement in that way.
Next, to make the Identification COM
plete, placed upon the finger Of the
corpse the large diamond ring which I
had always worn, and which ia well
known. This was again fatality, for
this is a ring which he gave to my Sis
ter when he engaged her affections. 1t
was with some difficulty that got the
ring on, for his finger was much larger
than mine" (Again Mr.. Barnes utter
ed an ejaculation and thought to him.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-12-18

on the field, has demonstrated the ster-
ling qualities of which he is made and
doubtless will fill his new position with
honor to himself and to his country.
He will leave for Paris this week. 1t
may not be amiss to mention the rumor
that the gallant officer will take bride
with him.
II was much troubled at this and
scarcely knew what to say, for l could
not guess how it would affect my sister
However, she spoke first.
John, my brother, will you take
me to him?' To say that I was amazed
at this request would but mildly express
it.
"'Take you to him, said I, after all
that has happened?'
"'He is Vilgie's father, Johnl You
forget thatl'
Evidently be does also.'
"He does not even know that he has q
child. John, have thought of this con-
stantly, and it is not right that should
keep him in ignorance, as l have done
all these years.
"Why, Matte, what are you saying?
What claim can he have on you after
the cowardly manner in which ne aban-
doned your
"'Hushl You must not think and
speak thus of my husband. If l have
suffered, do you not think he has alsof
He did not abandon ME. He saw what
was my plain duty and had the courage
to show it to me. l, in my selfishness,
would have left my father for him, but
he knew that it was my duty to remain
at home, and therefore he went. That
is the simple truth I was almost
speechless, so great was my surprise at
her defense of him, but made one more
effort.
"'But has he not forgotten you, is
he not about to marry again"
"'Stop, John. You do not know
what you are saying. Do you think
that l believe for Il moment what a
newspaper says when I know my hus-
band as l do? I should have little faith
indeed. John, l must see him before he
goes away. If you will not accompany
me, I must 60 alone.
II was amazed, but what could do:
She was determined, and l could not
allow her to 60 alone. So she easily
induced me to promise to 60 with her.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-12-18

II shot him and ne died almost tD1thoIs
struggle"
self: Exactly, and it was so small q
thing as that which Led me finally to
suspect the truth. II the finger could
not swell after death, as the doctor
claims to be the fact, then the ring
should not have been 80 tight" ") II
then built up roaring fire and held the
head Of the dead man in it long enough
to scorch and disfgure him beyond REQ
ognition. I then laid him down near
the hearth so that it would appear that
he had dropped there and had been
burned afterward. Next I hurriedly
wrote the slips Of paper found by Vir-
gle and the detectives, through which
meant to point to young Marvel as the
murderer, forgetting that science would
prove that death had been instantane-
GUS and therefore that the victim had
not had time to make such an accusa-
tion.
"When I first bought this house, fore
seeing the necessity for this crime, l
caused this secret room to be construct
ed, to do which it was only necessary
to close up the closets which originally
opened into the adjoining rooms. Here
I had everything that would need In
this emergency, and therefore came to
this room and quickly shaved or my
beard. Then I washed out my hair and
eyebrows, using a liquid which kept
specially for this purpose. Thus they
were restored to their natural red color
and would easily prevent my identlfica-
tion. Any resemblance in face or voice
I hoped would be accepted as a natural
inheritance Of q son from his father. l
left my own clothing in my sleeping
room to give colorto the theory that l had
retired. The dead man g effects packed
in a satohel, except his overcoat, which
I slipped on over the sailors suit which
I had adopted. easily caught the train,
which passes Lee Depot at 1898, and
thus it will be seen that the crime co.
CURED while Virgie and young Marvel
were together across the river. Ileft the
train at Epping: Here fate favored me,
1Or nOCcl HAL gave LILO q AAAo AAA A-o
wagon and claimed that he recognized
me as young Marvel. So admitted that
he had guessed my name. Leaving
him, went to the old house belonging
to Marvel, and here burned the artl-
cles that had in the satchel, among
which there must have been some wire,
which Burrows afterward, to strengthen
his theory, enormously claimed was q
part of set Of false whiskers. Next
hid the pistol and the piece of plate
which had my name engraved on it and
which broke from the satchel. In rear
ranging the stones I did so in such a
clumsy way that any one would discoV-
er what was hidden beneath.
"It was now but half past II, and,
thinking there was sufficient time be-
fore me, threw myself on the bed and
tried to sleep. l had not been there
more than two or three hours, however,
when I heard some one enter the house.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-12-18

was getting well-all except my father
himself. He said nothing, but when
the end approached declared that he had
expected it all along. When it was
clearly evident that he would soon die,
he called me to him one day and, TAX
ing me by the hand, he said:
"'John, my son, you have always
been a good boy, and I wish you a long
and prosperous life. Yet l desire to do
something that may seem unjust to you.
I hope you may be able to see it as do.
I should die happier.
"'Do not speak of dying, father, I
cried in q choked voice. What is it you
wish? I will accede to it cheerfully.
"'That is my brave boy, said he,
with a smile, and then he paused
awhile At last he continued: John, ]
wish to make change in my will. As
it stands my property would be divided
equally between you and Matilda. l
wish to alter it 80 that each of you will
have one-third. The balance must be
invested so that the little one will have
something when she is Of age. will
arrange so that in case of her death her
share must 60 to her mother, and in the
event Of the mothers death that por-
tion must be similarly invested for the
little one. wish you to be the exec
utor. Will you do this for me, my boy?'
I nodded acquiescence, and he went on:
This is just, John. You will soon
be a man and can care for yourself.
Matilda is a woman. BY mistake she
has wrecked her chance of winning
worthy protector, and SO must arrange
that she and her child shall not come to
want assured him that he was only
acting as l should wish, and he seemed
to be more contented. The lawyers
were summoned, and all was arranged
as he directed. A few days later, while
be was clasped in his daughters arms,
his spirit passed away.
Il will not prolong my tale in order
to give complete narrative of all that
passed, but will simply confine myself
to those events most closely connected
with this recent tragedy.
1.-The months rolled by, and never
was word said about the man who had
caused all our trouble. Matilda seemed
to lavish her whole wealth of love upon
her little girl, and as Virgie grew
cherished the hope that the wound in
her mothers heart was healing. How
little does a man understand what
woman means when she says that she
gives him her heartl Despite all the
outward appearances was yet to find
that Matilda still thought of and long
ed for her husband
Zone morning, when Virgie was
about . years old, was sitting at my
breakfast, and Matilda, who had already
eaten, was amusing herself with the
mornings paper, when sudden excla-
nation from her attracted my attention.
anxiously asked what it was, and she
handed me the paper, pointing to the
following paragraph: .--...-'~- .
"'We are gratified to see that the
government is recognizing the services
rendered by our soldiers in the late war.
Especially is it pleasant for US to record
that Lieutenant Walter Marvel has been
appointed to a diplomatic mission
abroad. This gentleman. by his heroism
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-12-18
on the State Farm.

Work on the State Farm.
The state penitentiary farms break
their cotton record this year. Fifteen
hundred bales, even at S25 bale, will
make a big dividend. The money is
practically clear profit; but a large
part of it will be needed to complete
the payments on the Kershaw ana
Sumter farms and for improvements
which are essential. The yield on
these two farm, which adjoin each
other. was about !, 200 bales on some
1,4OO acres; the rest of the crop is
presumably from the Lexington farm.
Superintendent Neal has had distin-
guished success in his agricultural op-
erations. By leveeing and high culti-
walton he has built up magnificent
property for the state: Next year the
twin farms will probably average
bale to the acre.
Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-12-18
To Vaccinate the Pupils.

To Vaccinate the Pupils.
The Columbia board of school COM
missioners has passed resolution re-
commencing that all the school chill
dren be vaccinated as preventive
against smallpox.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-01
Miscellaneous Cuttings.

In the appeal case of Carrie Nowlan
VS.. Mrs. A. n. Phillips, the trial of
which was begun on Tuesday, Judge
Cherry yesterday delivered Judgment
for the plaintiff for $3.50 and costs.
Daniel Densley had a hearing at
Draper before Justice Enniss on the
charge Of shooting and killing a bull
belonging to John Mitchell. The evil
dence went TO show that the animal
was very vicious, had once gored and
nearly killed its owner and other peo-
pie, too, and had also killed a horse
and injured three others. The jury
found Densley technically guilty and
his honor imposed a fine of 81 and
costs. c. B. Stewart of this city was the
attorney for the plaintiff.
Lydia z. Smith has entered suit for
divorce from Mathis H. Smith. alleg-
ing that the marriage took place at
Spring City, Kan, in 1887, and that
the defendant has been addicted TO
habitual drunkenness for more than
eight years.
In the matter of c. II. Witty vs. the
Eagle Foundry and Machine company,
the receiver of the defendant company
was authorized to sell certain of the
assets.
The United States district court will
be in session today for the purpose of
appointing United States commission
ers and such other business as may
come up.
The preliminary hearing of E. o.
Sapp on the charge of assaulting w. +.
James with intent TO kill, which was
set down for yesterday before Justice
Sommer. was postponed until this
morning at 10 o'clock.
In the matter of the estate of Joseph
B. Risley, deceased, an order for final
distribution was made.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-01

Late yesterday afternoon the trial Of
the suit of Harry Edwards against the
Deseret National bank was begun be-
fore Judge Cherry and jury, with
Attorneys Krebs & Hoppaugh repre-
senting the plaintiff and Judge Hender-
son appearing for the defendant. The
suit was filed about two years ago and
was the result of a draft issued by the
bank for $3.50 being lost or stolen the
latter it is said.
Robert Weir, agent of the Tappan
Steam Pump company, went TO the
Deseret National bank on May ., 1895,
and bought a draft issued by the
Deseret National bank for s., 649 drawn
on KountZe Bros. New York, and
payable to the Tappan Steam Pump
company.
Weir took the draft away with him
after endorsing It in blank and it was
alleged he fell into the hands OF some
confidence men, who it is claimed stole
the draft from him on May 10. and by
some means it fell into the hands of
Charles Chapman. The draft was en-
dorsed by George Brown and Joseph
Crosby and was taken to Harry Ed
wards. the plaintiff in this cult, and
cashed by him.
On May 10. after the draft left Weir's
possession, Weir went to the DeSeret
National bank and stopped payment
of it and the bank here telegraphed
Kountze Bros. of New York not to
pay it when presented and it was re-
turned to Mr.. Edwards dishonored
Mr.. Edwards then, as an innocent
purchaser, brought this suit to re-
cover the money.
The jury was empaneled and two
witnesses, Mr.. Young of the Deseret
National bank and the plaintiff, Mr.
Edwards, were examined when court
adjourned until this morning when the
hearing viii be resumed
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-01
Three Foreclosure Suits.

Three suits for foreclosure were yes
terday entered in the United States dis
trict court, by W. K. Sullivan, receiver
of the American Loan and Investment
company.
One is against Lillian Z. Collins, Ed
ward NJ Collins and Elizabeth =. Wal
ling, TO recover 1880 and interest, Sc
cured by Is shares of the capital stock
of the American Building, Loan and
Investment society, and certain real
estate in Salt Lake City, described as
lots ?, and 4, in block i, Cone & Rob-
erts' addition.
The second is against Susannsh G.
Hansen, julius Hansen and Russell c.
Woodruff, to recover $1,000 and interest.
secured by ten shares OF the capital
stock of the American Building, Loan
and Investment society, and real es-
tate in Salt Lake CITY, described as
part of lot s, block 35, pla. L, Salt Lake
City survey.
The third is against Mark Spencer,
jeanette Spencer and SophrDnia Horne.
to recover $1,000 and interest, secured
by ten shares of stock of the American
Building, Loan and Investment society,
and real estate in this city. described
as a part of lot l, block II, fiVe-acre plat
A Big Field survey.