davidaulloa/AmericanStories huggingface dataset:
Evening star., 1898-06-08

Right OF defense.
when a person is unlawfully assailed by
another. he has the right to defend him
sef against his assailant and TO use suffi-
cicnt force to make his defense effectual.
But the law never permits the unnecessary
use OF force. wherefore, when a man Is
aSsailed he must not use force to defend
himself II he can otherwise protect him
sell; and II he has other means and ways
or avoiding the assault that appear to hin,
at the time sufficient and available and
are, in fact, sufficient and available he
must resort to them, and cannot Justify
the use of force for his defense, for in that
case its use would be unnecessary Accord
inSiy. If the jury should find from the evil
oeHce that the defendant was, in fact as
saUlted by the deceased and had other
ways and means of avoiding the assault
than resort TO force, which ways and
means appeared to the defendant at the
time TO be, and, in fact. were sufficient and
available, and the defendant yet did not re-
sort to such ways and means. the killing
of the deceased was not excusabie, and
the defendant should be convicted
But by this is not meant that the de .
fendant was required to resort or TO at
tempt to resort to any such Ways and
means unless the same really seemed to
siIn sufficient and available ard were so.
n fact. or II by attempting TO resort %
Evening star., 1898-06-08

Prayers by Defendants Counsel.
Mr.. Worthington then read the defend
ants prayers. as follows:
"First-The jury are instructed that the
defendant is presumed to be innocent of the
offense for which he is on trial, and that
he is entitled to verdict of not guilty, un-
less upon all the evidence the jury are sat
isfied of his guilt beyond a reasonable
doubt.
''Second-If the jury find from the evil
dence that Rye by his words and acts prior
to the day he was killed, and on that day
Immediately before the shooting, caused
the defendant at the time of the shooting
to believe in good faith, and upon reason
able ground, that he, Rye, was about to
make deadly assault upon the defendant,
then the jury are instructed that the de-
fendant had the right TO use all necessary
means to offend himself against such ap-
pretended assault.
Il want to say" said Mr.. Worthngton,
during the reading of the second prayer,
that the defense objects to all of the pros
eoution's prayer so far as it relates TO what
is reasonable doubt.
Wen discuss that at the proper time, E"
responded Mr.. Davis.
As to Rye's Intentions.
'Third-If the jury find from the evidence
that the deceased, Rye, just before the
shooting which resulted in his death, ap-
preached the defendant IN such a way as
caused the defendant in good faith to be-
lisyc, and gave him reasonable grounds to
believe, that Rye was about to make a
deadly assault upon him, then the defend
ant was justified in acting upon that be-
lief even though ii should appear mat
ter of fact that Rye was not armed at tn,
time.
"Fourth-If the jury find from the evil
deDce that the defendant had reasonable
ground to believe, ard did believs, that an
assault might be made upon him by the de-
ceased by which his life would be put in
danger. or he would be in danger of great
bodily harm, he had the right to arm him
self for the purpose of protecting himself
against such assault; and If such assault
was made upon him he had the right to
protect himself against it, even to the TAX
ing of the life of his assailant.
"Fifth-The jury are instructed that in
determining whether the defendant in tax
ing the life of Rye acted in good faith
under 4 reasonable apprehension that he
was in danger of losing his own life or of
suffering great bodily harm at the hands
OF Rye. they should take into consideration,
along with the other evidence in the case,
any threats which the jury shall be salts
fed from the evidence Rye had made
Evening star., 1898-06-08
je6-Tt
JAMES W. RADCLIFFE. AUCTIoNFrR.
tSuccessor TO Ratcliffe. Sutton a Coz

W. MUSBl WILLIAMS.
l42l 81. NV.
co-l1 rll.stlrE
Evening star., 1898-06-08

Mr.. Worthington led off with an elab-
crate exposition of what constitutes reason
able doubt and quickly culed from a host
of books the material paragraphs in sup
port of his contention
In the meantime Mr.. Pokinhorn whose
given name is Joseph H., returned, and
Mr.. Worthington stated that he had identi-
fled Mr.. Middaugh as the person whom he
saw. Despite objections from District At
torney Davis on the ground that it opens
up a collateral question, Justice Cole de-
cded to hear the evidence later in the day
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

The Criterion hotel in Cormanstown,
Australia, was burned and 40 inmates
were cremated in their beds.
Miss Bella ]. Allen and Miss Maud L.
Simon, American missionaries from
Chicago, lost their lives by accident in
the harbor of Yokohama, Japan.
The city of Kazan, capital of the gov.
ernment of the same name in Russia,
was nearly wiped out Ly fire.
President Cabrera, of Guatemala,
telegraphed to the Guatemalan min.
lister to France that the revolution
headed by Gen. Prospero Morales had
been utterly crushed.
Guatemala advices state that Eman.
uel Meyer, German ieWeler of San
Francisco, was murdered in Guate.
mala City for $4,000 and other valu.
ables.
Seven persons were killed and Al in.
jured near Bonvillers, France, by the
derailing of train.
Advices from Melbourne report that
the American bark C. c. Funk, which
sailed from Tacoma, Wash, on May %
for Melbourne, has been wrecked on
Flinders island, Tasmania, and that II
of those on board were drowned.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
Personal AND POLITICAL.

ii. A. Cooper has been renominated
for congress by the republicans in the
First district of Wisconsin.
In state convention at Springfield
the Missouri democrats nominated
William c. Marshall and Leroy B. VAL
liant for judges of the supreme court.
Congressman ]. II. Davidson (rep.),
of the Sixth Wisconsin district, has
been renominated, and in the Seventh
district the republicans nominated
John j. Esch.
The democrats of the Twelfth dis
trict of Illinois nominated j. NJ.
Thompson for congress.
Mrs. Ellen Louise Demorest, widow
of w. Jennings Demorest, fhe prohibit
tion leader and founder Of Demorest's
Magazine, died in New York, aged II
years. She was n leader in fashion, lit
erature and temperance reform
Rear Admiral Kirkland, command
ant of the Mare Island navy yard and
senior officer of the United States
navy, died at Vallejo, cal.
The New York democratic state
committee has decided to hold the
state convention at Syracuse Wednes-
day, September 2S.
The democrats of the Eighth con-
gressional district of Texas nominated
S. w, Lanham to succeed himself.
Mrs. Delilah Cromwell, the oldest
woman in Nebraska, died at her home
in Table Rock, aged 1870 years.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
MINOR NEWS ITEMS.

John II. Lare, storekeeper of the
United States transports Minnewaska,
dropped dead on his boat at Savannah,
Ga.
The total earnings of sc railroads for
the month of July amounted to S24-
423,4S3, an increase of $G50,27s over the
same month in 1897.
One of the first business enterprises
TO follow the acquisition of Puerto Rico
is likely to be new cable connecting
that island with the United States.
Petit, the missing millionaire real
estate dealer of New York, is reported
to have been among the passengers who
perished on the steamer La Bourgogne.
a company of New York business
men are making arrangements for the
erection of an American hotel in Ha-
vana, as soon as the city is evacuated by
Gen. Blauco.
F. A. Leach. superintendent of the
United States mint in Port Townsend,
Wash. estimates that the gold output
of the Klondike this year has been only
about $5,0OO,0OO.
Three hundred and sixty-seven thou
sand acres of,land will be restored to
the public domain in Minnesota and ON
October 5 next entries for homestead
titles can be made.
Nine. Charles Frederick Worth,
widow of the famous costumer who
died in March, 1895, and his successor
in the superintendence of the Worth
establishment, died in Paris.
Col. Roosevelt has sent five dollars TO
each of the five rough riders lying
wounded in the post hospital on Gov
ernor's Island, with the message to
notify him if they needed anything.
Correspondence published by Secre-
tary Long goes to show that Commo-
Gore Schley agreed with Admiral Samp-
son as to the danger of entering San
tiago harbor as long as the mines were
in position.
While leaning from a window of the
knitting works in Shamokin, Pa, Miss
Jennie Allison, aged IS years. was cleo
trocuted by her nose coming in contact
with telephone wire that had been
crossed by live arc light wire.
The president has appointed Judge
j. NJ. Hobson, father of Lieut.. Hobson,
of Merrimac fame, postmaster at
Greensboro. Ala. Mr.. Hobson is
democrat, and the nomination was
made at the earnest request of his re-
publican fellow townsmen as a mark
of good feeling.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
LATER NEWS.

On the 10th the new Sternberg hos.
pital at Chickamauga was thrown open
for the reception of the sick at Camp
Thomas. This hospital has accom-
modations for 1,20O men. Red Cross
nurses are in attendance and every
comfort will be given the patients.
Scores of men will be moved from the
overcrowded division hospitals.
The submarine mines in Key West
harbor We're blown cp on the 10th to
make room for the ships of the fleet
which are crowding in from Cuban
coast stations. There were more than
dozen sets of mines of four each,
covering over square mile of water.
rhep were exploded by wire from Fort
Taylor.
The war department is arranging TO
establish new military department
on the island of Porto Rico similar to
those recently established in the
province of Santiago de Cuba and in
the Philippines. The new department
will be commanded by Maj. GEM
Brooke.
1t is said that the Kynoch Co., of
Birmingham, England, has received an
order for 100000 military cartridges
to be promptly delivered to the United
States government.
Just before the war broke out, Adj
miral Dewey had to pay $40 ton for
fuel ut Hong Kong. The navy depart
ment now delivers it to him at 50 a
ton by sailing vessels and at this rate
over 10000 tons have been sent to
him.
Within the past few days gold bars
valued at nearly $S00,OO0 have been
received at the United States mint in
Philadelphia from the government
assay Office in Seattle. The gold is
light in color and came entirely from
the Klondike. 1t was stated at the
mint that $1,sOOOOO in gold bars will
soon come there from Seattle.
A great fire at Mini Novgorod, capi-
tai of the Russian province of the
same name, about 20 miles northeast
of Moscow, has destroyed n number of
factories and so houses. Forty per-
sons We're injured and damage to the
amount of 100000 roubles was done.
On the night of the 18th Frederick
Asnus and wife, octogenarians, living
| near Norristown, Pa, were tortured
almost to death by two masked men.
They beat the couple terribly and
ragged them until they revealed the
hiding place of their money, about
| 500.
The first steamship 10 sail from New
York for Havana since the beginning
of the war was the Schleswig. which
sailed on the 10th for Havana and
Matanzas with provisions.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

PEOPLE having friends or relatives
in the armies now stationed in Cuba
and Porto Rico seem to be much puz-
zled as to how letters to them should
be stamped. For the benefit of those
interested the post Office depar tment
has issued a circular stating that let
ters addressed to soldiers or sailors in
Cuba, Porto Rico or the Philippines
only require the domestic rates of pos
tage. Mail matter addressed to others
than government employees must pay
the regular rate as fixed by the inter
national postal union.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

ONE of the pastimes of the crews of
the blockading fleet in front of Ha-
vana is to fish for sharks, in which
they have been eminently successful.
The crew of the Amphitrite recently
captured huge shark and when dis
sected there was found in his stomach
the sleeve of United States sailors
Jacket with seven service stripes. The
sailors believe that the sleeve was
worn by one of the victims of the bat
tie ship Maine and when the vessel
was blown up on the night of February
Is the arm was blown off and swal-
lowed by the shark
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

SHORT sight is more common in town
than among country folk, for the sim
pie reason that townspeople have less
need for long sight, they have fewer
opportunities for exercising their
sight on distant objects, and their oc-
cupations do not favor its develop
ment by training or selection. but it
is not, in the majority of cases, proof
of physical degeneracy, as can be seen
in the case of the Germans, who are
notoriously short-sighted people.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

There was great jubilee and there would
nave been feasting in Madrid had provisions
been cheaper.
Shout, stranger, shout!" urged the high.
born hidalgo. An American town was com.
pletely destroyed"
:, "Ah, by Camara's squadron?" inquired
well, the information from American
sources says it was destroyed by a cyclone.
What that may be none of us know, but il
surely means some form of Spanish power
World.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

SoUsA, the musician, is to be made a
musical director in the 9th army corps,
with the rank of captain, provided he
can be released from duty in time to
fill his fall engagements. Meanwhile,
the sailors on the Brooklyn, jealous of
those on the New York, which has a
monopoly of the music with Adm.
SIMPSONS fleet, have written to Sousa
asking him to name competent musi-
clan to organize band for their ship.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

MALMsEY, butt OF which wine was
selected by George of Clarence for his
final immersion, is now again used in
France for bathing purposes. 1t takes
100 quarts of wine for "a bath, the
French character of which is shown
by the fact that the wine is poured
back into the barrel after use and is
employed over again for the next bath.
After 100 baths, according to the Lon
don Daily Telegraph, the malmsey is
distilled, "and the result is a delicious
brandy"
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

ONE lesson of the war is that ships
are no match for land batteries. Some
81, 600, 900 was wasted when the Amer
lean feet at Santiago attempted to re-
duce the forts. The hundreds of shots
fred at MORO castle proved absolutely
harmless. What might have been the
result had the forts contained good
guns and good gunners?
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

MAJ. GEN. SKATER is said to be a
rich man, even for these days of large
fortunes. He is not multi-millionaire,
but an army friend of his who pre-
tends to know rates him at ST. 900, 600.
The general is quoted as having made
his money by successful operations in
mines and in lumber. His gift for
business is something unusual in the
army circle, the rule being that of.
ficers do not take kindly to CONNER.
cial enterprises Rumor credits him
with the purpose of retiring from ac-
tive service at the end of this war and
living thereafter a life OF luxurious
ease,
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

COMPETENT authorities expected that
the KlondilSe output would this season
amount to $50, 600, 600 or $50, 600, 900, but
the total output is estimated at only
one-half this amount, or about SIC, 9OO,-
600 or SIS, 10000 Canada charges 10
per cent upon all gold mined on her
territory. She collected up to June
a revenue of S6S9,OOO, which represents
Sc, 390, 900 mined. Much gold was prob
ably smuggled away
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

THE smallest salary have heard of
is pad to young man in Brookline
for running errands. He at first work.
ed for nothing, but grumbled until a
weekly stipend was agreed upon. lie
now receives l cent week, and con-
siders himself amply remunerated for
going to the grocery store. But then
he is only z wears old.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

MORTALITY among hospital nurses is
startling. 1t has been ascertained that
a healthy girl of II, devoting herself
to hospital nursing, dies on an average
21 years sooner than girl of the
same age moving among the general
population. A hospital nurse at the
age of % has the same expectation of
life as person at the age of IS in the
ordinary community,
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

Private La Luke, of the Second Wis
consin regiment, who shot and killed
Private Stafford, of the regular army,
during quarrel in a saloon at Ponce,
Puerto Rico, was court-martialed Au-
gust 3, found guilty and shot on the
morning of August 4.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

THE regular army of China is said to
consist of $4,000 men. Besides this,
the emperor's army, there is national
army of 65o,oOO men, who are paid
about one dollar a month. The caval-
ry receive about three dollars month,
feed their own horses, and if the horses
are lost or killed are required to re-
place them out of their pay.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

THE test of n true Persian carpet
that used by the natives themselves
is to drop piece of red-hot charcoal
upon it, which leaves a singed round
spot If the carpet is one of the first
quality the siuged wool can be brushed
off with the hand without the least
trace of the burn being afterward dis
cernille
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20

THE emperor, Francis Joseph, OF
Austria in order to provide resi-
dence nearer Vienna for his daughter,
the Archduchess Valerie, and her chill
dren, has bought the Frohsdorf cha
teau, in lower Austria, in which the
Comte de Chambord lived from 1916 till
his death in 1889
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
FOREIGN.

In collision between trains near
Ponte Decimo Italy, nine persons were
killed and 40 were seriously injured.
At the opening of the British par
lament Queen Victoria expressed
pleasure at the prospects of peace be-
tween the United States and Spain.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
Quiet Wasted.

Somebody has invented noiseless can.
non"
That's the way with scence-always
putting help where it isn't needed; why
don't some of those cranks invent a noise
less alarm ?"-Detroit Free Press.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
Fishing for ths co,N

Landlady-If you give me a check, Mr..
Lager, it will require stamp and all that
bother Can't you arrange another method
Mr.. Lager (inspired)-Let me see. Oh,
yes; III give you four months note.-N. Y.
journal
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
shnlse Into Your shoen

It cures painful, swollen, smarting feet and
instantly takes the sting out of corns and
bunions. It's the greatest comfort discovery
of the age. Aliens Foot Ease makes tight OF
new shoes feel easy. 1t is certain cure for
sweating, callous, hot, tired, aching feet
Try it to-day. Sold by all druggists and
Write to Allen S. Olmsted, Leroy, N. Y.
If married man compliments a pretty
woman in the presence of his wife, his wife
reproves him, and if the wife is not pres
ent, the pretty woman thinks it her duty to
reprove him.-Atchison Globe
Piso's Cure for Consumption is an A No
i Asthma medicine.-W. r. Williams, An.
tioch, ILL.,, April IL. 1894.
Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1898-08-20
Wind Won, na UouoI.

Hood's pile cure biliousnoss, indigost
Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-10
THE COURTS.

Equity Court No. 1-Justice Cox.
Roberts agt. Roberts; auditors report
confirmed. Shugrue agt. Council; sale con-
firn,ed and cause referred to auditor. Jack
son agt. McNett; auditors report con-
firned. Walker agt. HaZen; Geo. w. Link
ms appointed receiver
Equity Court No. 2-Justice Hagner.
Pocher agt. Pocher: testimony ordered
taken before 8. c. Mills. examiner. Hall
agt. Adriaans; time to cross-examine de-
PENDANT, Adriaans extended ten days. An
derson agt. Anderson; time to take defend
ants testimony limited to ten days. Ora
ham agt. Graham; order limiting time for
defendant to take testimony and rebuttal
to fifteen days.
Circuit Court No. 1-Justice Cole.
Calf agt. Gleason; verdict for plaintiff for
less $62. paid. Belt ct al. agt. Kinmell ct
al, judgment of justice of peace affirmed.
Lee agt. Baltimore and Potomac Railroad
Company ct al; dismissal vacated and Or
dered restored. Estate of Anna North; ex-
ecutor made plaintiff and caveator made
defendant and jury sworn.
Reickert agt. Washington and George
town Railroad Company; bill of exceptions
signed and sealed.
Criminal Court No. Chief Justice Bing-
ham.
. United States agt. Jas. F. Williams, false
pretenses; case given to jury. United
States agt. Henry Ridgely; rape; on trial
Criminal Court No. 2-Justice Bradley.
United States agt. Abraham Curry and
Alfred Holmes, assault to kill; on trial
Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-10
NEW MARSHAL. TAKES CHARGE.
Mr.. Palmer Mt His Desk In Dfschares
OF Duties.

Mr.. Palmer ut His Desk In Dfschar9s
Of Duties.
Mr.. Aulick Palmer, who Saturday quail
fed as United States marshal for the Dis
trict of Columbia, this morning entered
Palmer was at his desk during the greater
part Of the day, receiving, however, a num-
Der Of persons, some of whom called on
business and others to tender congratula-
lions.
Marshal Palmer, late Saturday after
noon, announced two changes in the work
ing force of the marshaPs office. Mr.. John
j. Malone and Mr.. Samuel Mulloy were dis
placed and Mr.. Brook NJ. Baker and Mr..
Clarence r. Wilson appointed to fill their
positions. The individuals appointed. in
addition to being fully qualified to dis
charge the duties that will be required of
them, are warm personal friends of Mar
shall Palmer.
Mr.. Malone and Mr.. Mulloy, who step
down and out were unusually popular
among all with whom they came in con-
tact, and established enviable records dur
ing the four years they served as assist
ants to Marshal Wilson.
To Star reporter this afternoon Marshal
Palmer stated that at present he contem-
plates no further changes among the em-
ployes Of the office. He mas made no prom
ises, and will make none, in regard to ap-
pointments. 1t is his intention to fulfill the
duties Of the office to the best of his ability,
and in order to do so. If changes among his
assistants are found to be necessary, they
will be made at the proper time. Marshal
Palmer added that he means to go slow in
that direction, and, of course, is unable to
determine this early during his term the
nature of the changes, If any, that may be
necessary.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-01-10
A Saengerbund Musicale.

The Washington Saengerbund gave its
fourth evening entertainment at its club
house on street last night, large num-
Der of members and their friends being
present. A fine musical program was pre-
scented, which included one chorus, Wen
zierrs ''Du Schone, Du Liebe Du Wonnige
Maid,'' by the bund, with baritone solo by
Mr. Otto Luebkert; two string quartets,
by Messrs. Minister, Click, Stopsack and
Seibert cello solo by DR.. Ernest Seibert,
cornet solo by Mr.. Edward Bergenholtz,
baritone solos by Messrs Samuel Cross
and Otto Luebkert; tenor solo, Chanmade' $
once More by Mr.. Herndon Morsell,
and soprano solos, Guy d Hardelot's With
out Thee and Bohn's Thy Blue Eyes,
by Miss A. B. Fisher All the numbers
were well given and encores were fire.
quent. Miss Fisher a new candidate for
public favor, was well received and de-
veloped a pleasing voice and good style.
She sang her second song in German. Mr..
A. ]. Rosenthal delivered an address, "Das
Deutche Lied which met with much
favor.