davidaulloa/AmericanStories huggingface dataset:
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1898-09-17

ycnd q reasonable doubt. In murder
either in the first or second degrees,
aud in voluntary manslaughter, the in
tent with which the act il done is an
important factor. liz upon trial il be-
comes necessary to prove the exist
ence of malice and criminal intent of q
defendant, proof may be made of the
circumstances and the words, acts and
conduct of the defendant attending
the commission of the act complained
of, and if such point uDerringly to the
existence Of malice and criminal intent
this would be sufficient proof of such
facts.
When one person voluntarily assaults
another, violently, with danger ons
and deadly weapon, In a manner likely
to kill, in self defense or in defense
of habitation, property or person, and
not in sudden heat of passion caused
by adequate proyocation, and the life
of the person assaulted is actually de-
stroyed or greatly jeopnrdized thereby,
then the legal and natural presumption
is, that death or great bodily harm was
Intended, and the law implies malice.
1t is claimed by the defendant in
this case that in taking the life of Den
mis- O'Neal, he acted in self-defense.
The right of self-defense extends to
all cases where, from the act of the as
sailant, the defendant believes that he
is in danger of losing his life or re-
ceiying great bodily harm. When one
person unlawfuliy assaults another the
person assaulted may repel force by
force; he may use as much force as he
may reasonably think necessary TO re-
pei the attack, and il the party be in
imminent danger of life or receiving
great bodily harm, or if he may rea-
sonably believe, under the circum-
stances, that he cannot avoid danger
to life or great personal harm in any
other way, he may lawfully take the
lie of his assailant: in other words, a
man may lawfully defend himself AMI
return blow for blow, but he cannot
lawfully do more than he may at the
time reasonably think is necessary for
his own defense. When a person is
in q place where he has a lawful right
to be, is violently assaulted by anoth-
er, he may, without retreating, repel
force by force, and if in the reasona-
BILE exercise of the right of self defense
his assailant is killed, he is justifiable,
provided he uses no more force than
under all the facts and circumstance
reasonably appear to him at the time
to be necessary. Ii a person being
without fault, is in place where he
has lawful right to be, is threatened
or assaulted by another who accom-
panies such threats or assault with
visible acts or demonstrations that in
dicate his intention to draw and use q
deadly weapon, or otherwise that rea-
sonably indicates an intention upon
the part of the assailant to take
life or infict great bodily harm,
and that the danger is SO immi-
nent or apparently imminent
as to warrant the party assaulted TO
reasonably believe that he is in danger
of losing his life or of receiving harm.
he may use such means as may be at
hand to repel the apprehended danger
or attack, aud if death follows as a re-
suit thereof, he will not be guilty of an
unlawful homicide; and if, in such
case the dauQec~~ ak>xSHxnuu1nur
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1898-09-17
signs.

French Minister Of War re-
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1898-09-17
TO The JURY
GOES THE O'NEAL CASE
LATE TODAY.

The pisas OF the Attorneys Follow the
RsbuttaI Testimony Yesterday After
noon-Eaoh Side Limited TO -Four
Hours-Ths Jury Charged and Sent
Strong Hebutai and More
ChaSaoeT Witnesses.
Yesterday afternoon the trial of
John O'Neal continued. The state in
troduced number OF witnesses for re-
buttal, putting Frank Wnitesell and
Thomas Virgins on the sand to tell
that they had helped carry the wounded
man into the house on the night of the
killing, and that they had felt or found
nothing in the way of a gun, and that
the coat that fell back over their arms
felt as if it had nothing of the kind in
il. The state also put on witnesses to
impeach the testimony and character
OF Daniel O'Neal, proving that he had
been in police court convicted of
crap shooting. The defense put
on q large number OF witnesses to
testify that Daniel O'Neal's character
was good. The testimony ended
about 3 o'clock, and Roscoe Kirkman
began the opening speech for the
prosecution. He had ended by the
time for adjournment yesterday, and
had made strong and able address to
the jury Mr.. Kirkman had taken
little Of the talking part OF the trial
upon himself SO far, but had been very
active in looking after the taking
Il Dwn of testin ony aud the OBJ
tanning Of witnesses. He had worked
hard in the case and had made care
full preparation for the trial. He did
himself proud in his speech, and ap-
parsntly had good effect on the jury
The speech of Mr.. Kirkman came to
end last ev vsning at adjourning time, and
this morning at S:56 the work of Mr..
Robbins began. He started ont with
the statement that on last May Dem
mis- O'Neal had attempted to murder
his mother, brothers and sisters, and
that in that attempt, with murderous
weapon in his pocket, he had been shot
to death. He then followed with an
exceptionally strong speech. While he
was talking, the O'Neal family of wo-
men came in. The four daughters and
the mother came into the court room,
and instead of sitting in the lobby, as
usual, they took their seats beside the
accused man, each kissing him audibly
before sitting down beside him. The
court room was crowded and the closest
attention was paid TO the entire speech.
Ii lasted till 1886. and then Mr..
j Jackson's plea began. He made a
most mastery address. and filled his
two hours with plea that was indeed
strong and, it is believed. effective.
He dwelt upon the fact that it tn. kill
ing OF John O'Neal there in that pub
lie manner aud in the immediate prcx-
unity of the home were indeed murder,
then the mother and the sisters of
John O'Nesl are also guilty of murder.
Mr.. Robbins had dwelt upon the char
aeter OF Dennis, his abandonment by
all his friends, even his mother, etc.
- Mr.. Study then began, ratasx -iata.
lftarH-xnyJnof or his lie. He |
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-09-29
Sullivan County Fair.

Every farmer and merchant i'm
Sullivan county should attend the
fair next week. Now let everybody
not only attend this fair but bring
some exhibit. All cannot get prizes
but you can help the good name of
Sullivan county. There is no reason
why the Forksville fair should not
become noted aS any of those i'm other
counties. We have the goods and
stock to exhibit which will compare
with any. We understand that the
Bernice Military Band of which 50
much has been written in prose and
poetry will furnish the music. With
the many attractions offered this
year a large crowd is expected and
preparations made to provide for
them.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-09-29
Reunion of Company c. 14lst Pa. Vol.

Reunion of Company c. l4lst Pa. Vol
On Saturday, September 24, at the
home of Comrade G.. III. GaIabel in
West Franklin, Pa, was the scene of
comrades: Capt. G. w. kilmore
and wife, Dan. Schoonover and wife,
Ezra $. Little, L op Horton, F. +.
Cole, c. w. COLI ! II. Gamble and
wife, John Rockwell and wife, Ell.
Harris and wife, James fidgway,
Henry Harris and wife, Horace
Spencer, wife, son and daughter,
Lewis Reinbold and wife, a. Har-
rington and wife, A. Williams and
wife, daughter and two sons.
Banquet at $50 p. IN. which the
party greatly enjoyed. Comrade
Gamble, in short address, welcom-
ed the old boys to his home. Several
patriotic songs We're sung by Capt.
Kilmore, assisted by Comrade Spen-
Ger and others. Miss Spencer pre-
sided at the organ. Gen. j. .Madill
talked he boys in his genial man
ner, w. n we We're all pleased to
hear. Others We're called and told of
some of their experiences i'm camp
life. Then permanent organiza-
ton was effected by electing Capt.
G. w. Kilmore, President; Daniel
Schoonover, Nice-Pres.; Ezra $.
Little, Sec'y. and Bishop Horton,
Treas. Time and place of holding
next reunion to be fixed by the
officers.
T.. s. LITTLE, Sec'y.
Republican news item. [volume] (Laport, Pa.) 1896-19??, 1898-09-29
Number q.

OF citizens, property owners, and on
motion OF Atty. for petitioners, the
Court direct the petition to be filed
III the office of Prothonotary. Notice
| thereof to be given i'm one newspaper
In Sullivan county for period of
not less than 30 days before the next
; regular term of court. BY the Court.
Mary Norton vs. John Clark. ct el
Rule on "A. Walsh 90 file warrant of
attorney in this case i'm five DAYS
after service Of rule. Returnable
November 10, 1898, at > p. IN.
In re: Inquest on the body of
Miles A. Burns, decd. The Court
approve of the bill of DR.. Wacken-
huth, Coroner, in this case and direct
same certified to County CONS. for
payment.
September u, 1898 Court adjourn
eel until September 2G, 1898.
Fingers Severed in Printing Press.
Niilt tiie y EWS ITEM steam press
was running out last weeks edition
on Wednesday afternoon, Arm
strong of Sonestown, dropped into
the office to transact some business
with the editor whom he found en-
gagged at the press. In stepping up
to the press To make his business
known he placed his hand upon a
projection of the rapid runng press
which operates Il cam that produces
an alternative motion that works the
nippers which clasps the paper to the
cylinder as it rcvolves over the tvpe
beneath. His hand was caught the
instant it was placed upon this fatal
spot and two of his first fingers on
the right hand frightfully manglcd.
He went direct to Hotel Maine
where DR.. .Wackenhuth soon respond
ed to call, and proceeded at once to
amputate the lacerated members.
1t was in this operation that Mr..
Armstrong displayed admiring grit
coupled with II demonstration of his
iron nerve. He bore the eXcrucia
tion OF this most painful operation
without the use of amy antiseptic and
did it without any fuss. He wa,
made as comfortable as possible ut
the hotel until Thursday morning
when he returned home.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
WE ARE SORRY FOR THEM. BUT LET HER FLY
Now Comply.

Madrid, April It's a. NJ
The ultimaaum of the United
States vas received early this
morning. 70 was written in Eng
aSh. The Spanish government
inlmedia1ely broke off all d.
plomaaic relations with the
United States, notifying United
States Minister Woodford before
he was able 10 present any note.
Minister Woodford leayes Ma
dr1d this Afternoon.
Washing1on, apri2 2f.-Ne
follOwing statement of the iera
of The u1aimaium 10 Spain was
issued today:
yesterday, apul 20, 1898,
about Ii O'Clock The Department
of State Served notice of the pur-
poses of this government by de-
1iyering 90 Minister Polo a copy
of the instruction 10 Minister
Woodford and also a copy of the
resolutions passed BY The Con-
gress of the United States on the
f9ah inst. after receipt of This
notice The Spanish minister for
warded 10 The State Department
a reQueSb5or has passports which
were furnished him yesterday G-
sernooa. Il copy of The insiruc-
lions 10 Minister W6odford is
herewiM appended. The United
States Minister at Madr;d Wds,
at The same time, instructed 10
make a like communication 20
The government of Spain. This
morning The Department received
from General Woodford a 1eze-
gram, a copy of which is hereun1o
attached, stating that The Span
ish government had broken off
1ipIomafic relations with this
1pvernmenf. Tins course renders
Unnecessary any further dipzo-
matte action on The part of the
United States.
LOOKS LIKE BUSINESS.
Washingaon. apriz 20, 1898
Noodford, Minister, 3fadrid.-.
You hare been furnished with 1ht
teri of The Joint resolution vofed
BY Me Congress of the United
States on the f9ih insl. approved
today, in relation TO The pacizscd'
li0n of The Island of Cuba. II
obedience 10 thai act, the Pres
idsnf directs you Immediately q
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21

communicate 10 the government
of Spain said resolution with a
formal demand upon the govern-
naenf of Spain 10 at once relin-,
QiSh as authority and government
IN the Island of cuba, and With
draw its land and naval forces
from CUBA and Cuban waters.
In taking this step, the United
States hereby disclainas any dis
position or intention 10 exercise
soyereigniy. jurisdiction or con-
troll oyer the Island, ercept for
the pacifcaiion thereof and as
seras It's determination, when that
is accomplished, TO leaye the gov-.
ernmenf and control of the IS
land 10 ITS people under such
free and Independent government
as they may establish. IT BY the
hour of noon, Saturday next,
22rd day of Apri7 instant, there
be not communicated 10 this goy-
c1nment BY the government of
Spain a fuu and satisfactory
response 20 This demand and res
o2uti0n where5y The ends of peace
IN cuba shall be assured, the
President viii proceed witAouf
further notice TO use the power
and authority enjoined and con-
|ferved upon him BY said joint
resolution 10 such an extent as
may Be necessary 10 carry the
same into effect.
(Signed) SHERMaN
WOODFORD'S RESPONSE.
Wadr1d, Hpral II, 1873, re-
cciyed at WASHINGTON, 9.:02 a.
M. = Sherman, Washington. -
Early this, Thursday, morning,
Immediately after receipt of your
telegram and before 7 commun-
icated same 10 the Spanish goy-
ernmsnt, the Spanish minister OF
foreign affairs, notified me thai
diplomatic relations had been
broken .5eiween the 1wo counirie.
and all official commu nicaiio,
l5eiween their respective repre-
| seniatiyes had ceased. accord
ingly asked for safe passports
turn the amsrican legation oyel
10 the British embassy and lear
lfor Paris This afternoon. Hay
notified consuzs.
] Signed. Nf0ODF0RD.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21

slider any declaration of war Ro.ol,,
tions ~ innnirv srsra ssy savorah,, s"tat
uponrlncluuInG that OF. Mr.. Mahany
sshll ss tae state gepaftment Ior TO-
lo loa inasiosi 4 ot concerning AuSiican ci,i
zens ,.eass y y - a'anzas, Iuoa Inc onI g
fes.o 70 cls'zsnsalp NH: ceisesIs
dered fayorably reported.
w Ast.1Narov Anr;. st-Tba 14ons.
adorfsd rssoISlions cali;nc FIR - ali i-coT' ccT.
resnonfence resi- ~ith fsen az and an -,
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21

RUSH SPRINGS, I. T., April 2l.-
Rumors of an Indian uprising near
Fort Sill by Geronimo and his Apache
sbaHd catsed the return Of one troop of
cavalry (which had reached Rush
Springs on its way to New Orleans. 1t
is said the Indians have fallen out
among themselves.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
ARMY HEADQUARTERS.
Well, Let ,em Fight.

|. MANAGUA. Nicaragua, April 2l.-
Peace negotiations between Nicaragua
and Costa Rica have failed and war is
probable. The two armies are facing
zach other near the frontier, scarcely
half q mile apart.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
MARKETS..
Cattle and { heep.

CHICAGO, April 21.- Cattle - Re-
ceipts, 5000; market steady; Beeves,
$390@5. 30; cows and heifers, 1925
@$460; Texas steers SO 75@4. so;
stockers and feeders, $3.70@4.75.
Sheep, = Receipts, 5000; steady to
firm; natives, $3.25@4 .65; westerns,
SO. 75@4 80; lambs, $4.00@55 55.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
Chicago Grain.

CHICAGO, April 81. ~ Wheat - May,
81. II; July, SO.
Corn.-April, 3l5S; July, 331s.
Oats.-April, 2716@27A; July, 2411s
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
Money Market.

New YORK, April 21.-Money on call
nominally at. 2@3 per cent. Prime
mercantile paper, 515@6 per cent.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
WISE HEADS GET TOGETHER.

WASHINGTON, April 21.--A special
meeting of the Cabinet has been called
for this afternoon.
LATER-The Cabinet meeting this
afternoon discussed questions which
involve almost immediate hostilities
1t IS unlikely any formal declaration of
war will be made at once. An import
ant naval movement may soon be ex-
pected.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
TWO TO ONE THEY DIDN'T.

WASHINGTON. April 2I.-The Navy
Department has received cablAgram
from Madrid saying it is reported there
that the Spanish squadron at Cape
Verde Islands left there last night, des-
tination unknown.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21

,- Metal Market.
NEW York. April 2t.-Sllver, Sc;
Lead, $3.50; Copper, II H.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
THE COAL SUPPLY.

WASHINGTON. April 2l.-The coal
embargo joint resolution passed the
Senate without division. 1t authorizes
the President to lay or raise the en-
barrO
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
No Need of Declaration by the Presi-
dent, for 1t Is on Hand.
ALL PARTS OF THE COUNTRY RESPONDING

The Ultimatum Has Been Uttered and Spain Must
Now Comply.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21

FOREIGN AFFAIRS CONSIDERED.
WASHINGTON, April 2l.-The House
Committee on Foreign Affairs met in
special session today, but did not con-
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
A FORMAL DECLARATION.

WASHINGTON, April 21.-Some. of
the Senate Committee on Foreign Re-
lations say a formal declaration of war
will be necessary as soon as hostilities
begin to FIX the status of the combat
ants to preserve neutral regulations.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
ALL FUSS AND FEATuERs.

AAvANA, April 2l-At the theatres
last night the audiences made helli-
cose demonstration against the United
States.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
SPAIN BEes MONEY.

PARIS, April 21.-A national sub
scription has been opened here in be-
half Of the Spanish government and is
meeting with prompt and effective
support. The sum of $4,000 has
already been received in subscriptions
at the Spanish embassy.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
srA1N's VIEW or ~.

MADRID, April 2l.-A scmi-offlcial
note just issued says that the Spanish
government considers the ultimatum
Of the United States constitutes a
declaration UE ier a semi-ofieial
note adds that the epnhish feet is al
ready on its way 70 meet the feet of the
United States.
Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1898-04-21
BREEDING TROUBLE.

LONDON, April 2l. = Mail advices
from the Grand Canary Islands, dated
April IL, says 1t was reported there
that the stars and stripes had been torn
down from the American Consulate by
the rabble and trampled upon.
Tne statement IN parliament that the
United States will adhere to the treaty
of Paris regarding neutral vessels was
cheered. No answer mas been received
from Spain.
The Progress. (Shreveport, La.) 1892-1900, 1898-06-11
bA n;.er Ahead.

II paid the paper hangers and the in
terror decorators this morning, "announc-
ed Mrs Bumply just as the head of the
household was carving the roast.
How much?''
Eight sevcnty-five.' -
Dirt cheap, wasn't it?"
That's just what l told them In
fact, l insisted that there must be a mis-
take, but the bills were there, and they
gave me receipt in fun -
We'll, Mrs. Rumply, you'd make q
shining-ycs, u bright and shining-light
in the business world Told them it was
too cheap, did YOU: Made them think
that you wcrp al1yious to pay more; caus-
ed them to feel sore and to think that they
were chumps because they hadn't hit us
for about twice what they did DO you
want to so to- the poorhousc? Are you
anxious to at rid Of what little we have
saved by h;,->! EHcrt.s ;sid close economy?
You re u daisy
What do you mean, Uri;:h Bumply?''
What do | mean? / mean that if th;t
Same firm ever gets another crack at t.; it
won leave enough of our hal,s account
for n nest egg Stri!lo them OF the l!st
and then have scE!c sense r-Dytroit Fr,
Press.
The Progress. (Shreveport, La.) 1892-1900, 1898-06-11
Season Ticket.

The Progress doffs it's hat to Mr..
Baxter Morton, advertising mana
ger, and Prof. j. b. Aswell, bust
ness man ger Of Chautauqua, for
a season ticket to the Lecture
Course to be given there this sea-
son.
We shall certainly make an eff
ort to hear some of the eight lect-
ures which will embrace this
course for they will be exceedingly
strong and rich.
In the mean time, gentlemen, if
The Progress can be of any SER
vice, command it.
The Progress. (Shreveport, La.) 1892-1900, 1898-06-11
LOUISIANA PRESS ASSClAI'N

To the Press Of Louisiana.
BY virtue Of the authority
vested in the undersigned, the
Louisiana Press Association is
hereby called to meet in nine
teenth annual session at the City
OF Shreveport, on Friday and Sat-
urday, July s and 9 1898. All
members of the organization, to-
gether with those eligible for ad-
mission who have not yet become
members, are cordially invited
and urged to cooperate in making
the reunion of the newspaper
men and women Of the State one
of the best atteECsd ard most
successful yet held.
All editors, associate editors,
business managers and proprlc-
tor, OF reputa DE n>wspup RS pub
li,hed in the Stat. OF Louisiana
are eligible for menbersh p in the
Louisiana Tress y Association, and
an application ior admission ad-
dressed to the Secretary, and &C.
companicd b. the annual i OF
50, will ent.tir "a applicant To the
pr vilegcs and advantages o. mem
b rship until the meeting OF i2le
Il sSOciatioa.
An excursion TO the Omaha EX-
position will follow at the close Of |
the session at Shreveport, which il |
is believed will be one OF the most |
pleasant outing yet enjoyed by |
the Association. This eXcu1 sion |
will require seven to eight days |
for the round trip, allowing for a
stay of one day in Kansas City |
and possibly a short side trip.
Members desiring to go on this |
trip should SO advise the Secretary |
at once as i is necessary to know |
must be made.
For information as to transport
I att IN for both the State meeting
!; nd the excursion. sleeper and no.
t. accommo and other de-
I all of the trip, will be issued by
the Secretary at as early a date as
ara lgem9nts can be completed.
Members who have not paid the |
year 1897 dues should do so at |
{ n e, RENTING to the Secretary,
Crowley, La.
L. E. BENTLEY President.
JOHN DYMOND, First V-Pres.
l.. S. SCOTT, Secretary.
The Progress. (Shreveport, La.) 1892-1900, 1898-06-11
Highly Apr: ciated.

A~A'J SAeAoSu.
Our editor highly appreciates
the following invitation, which
was received Saturday morning
last:
''Mr. G. d. Hicks,
With compliments OF
j. G. and T. H. Kelly.
The President, Faculty and
Students invite you to grace with
your presence the Commencement
Exercises of ST. Edwards College.
which will take place at st. Ed
wards College Hall, June Is, 1898,
8 P. NJ. and June Is, 1898, 8 A. Nj
p. P. Klein, G. S. g.,
President.
This is from our young friends.
Masters Joseph G. and Thomas H.
Kelly, who are students at st Ed
wards College, at Austin Texas.
Thank you boys We wish it
were possible for us to be presen
We feel assured that both of YOU
have made splendid records, as
nearly all Of our girls and boys 20
abroad, as well as at home.
The Progress. (Shreveport, La.) 1892-1900, 1898-06-11

Instead Of laying before you an extended
list of Good Things, we simply quote a
few attractive items, although many Bar
gains are offered in every Department.