davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
BARNES APPEAL.
Nuisance Case Heard by the Ap-
pellate Division.
The d: fendant Was Convicted Of Main
tainipg Nuisance.

The case of state VS.. Waldo Il. Barnes
was submitted to the Appellate Court on
briefs this morning. The defendant was
indicted for keeping and maintaining n
public nuisance at Warwick. In the
county of Kent, between the first day cf
January 1893, and the third Monday of
Decem Der, 1894. The Indictment alleged
that the defendant permitted the dead
bodies of horses, the flesh, bones, etc., Of
dead animals TO lie and remain near to
the dwelling houses of divers persons In
n decayeu condition; also that ne did
boil large quantities of bone blood,
flesh, etc. by reason of which unwhole-
some smells were emitted SO that the air
was there corrupted.
lie was found guilty and took an ap-
PEAL, on which the hearing was given
today.
AT the trial before the lower court the
defendant offered in evidence licepso
from the Town Council of Warwick to
carry on the business OF bone boiling are
the manufacture of tallow and chemical
fertilizers, and the license designated the
placs complained OF as nuisance as the
place where tho license ..was In effect.
This evidence was rejected, as was also
that this license was still In force, ard
exceptions were taken. This raised the
direct issue upon the question OF law
whether the license could in any way bs
used in the defence to this Indictment.
The Town Council acted under the
authority Of the Public Statutes chapter
az and tho first point raised by the couH-
sol for the defendant is whether the state
docs authorize the commission Of pubic
nuisance.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
Suing Rubber Trust to
Secure Balance.
SPARRING OF COUNSEL.
Defendant Wanted Quantum Meruit
Count Stricken Out.
PROTRACTED BATTLE PROBABLE

Shortly before noon today the hearing
in the Appellate Court of the first Of the
controversies pending In court between
the United States Rubber Company and
it's former president, Joseph Banigan,
was begun. There was considerable legal
sparring in the case. the object of which
was TO save the plaintiff in the cose be-
fore the court from going on the witness
stand previous to the putting in of its
defence by the United States Rubte
company.
The case before the court was that of
Mr.. Bsnigan against the big and elastic
combine To recover s23. 1856 40 for salary
as president from April /. 1895. to March
4, 1896, and 10 recover about $4,000 for
services as manager of the combine for
the same period. James Tillipghast ana
IL. w. I1llinghast of this city and John
A. Taylor Of New York were counsel for
Mr.. EanigaD. William G. Rocker and
Samuel Norris, Jr, were attorneys fer
the United States Rubber Company.
Mr. IilliDghast, after reading the
records OF election by the directors of the
defendant company from Mr.. Banigan's
joining IL in 1893 to his resignation In
1896 said that as matter of law MIR.
Banigan was entitled to the same salary
UP tO the tluo OF MS RESIGNATION 60 he
had during the previous years, which
was at the rate of S25. 600 year. 1t was
the custom to fix the salary every year,
but no salary was fixed for the year after
Aprll ], 1898.
Mr. Tillinghast in his declaration had
declared on q contract and quantum
meruit and he said that Mr.. Baniqan
had been elected to the Offices Of president
and manager, ana there was nothing
more TO be shown at present. as the other
side must admit these facts.
Mr.. Roelker--We admit his election,
but we do not admit he performed any
services
Mr.. TilhnRhast. after consultation
with MIR. Taylor. announced that he had
finished for the present. Mr.. koelker
then moved to strike out the quantum
meruit counts and Mr.. TiilinRhsst in a
long argument opposed the motion. Mr.
Roelker urged that Mr.. Hanigan should
be forced To stand on an express contract.
The other suits in court include suit
of the Wuonsocket Rubber Company
against MIR. Banigan TO recover $25 coo,
and suits of the United States hubber
Company against Mr.. Banigan ana the
lattsr's suit against the Woonsocket Com
pany to recover $780, 600 due on . promis-
sorry note.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16

Evening Telegram from Havana con-
cerning the Maine disaster says:
James Rowe. ship's cook, was the least
In jured of any that were brought in
while l was there. / asked him how 10
happened.
with difficulty. II turned in my ham
mock at o'clock and heard three bells
strike. 1 don't remeinb Der anything more
until felt myself turning over and over
and falling heavily upon the deck
through a mass Of smoke. got OH my
feet ana worked my way on deck. When
got there The superstructuro deck was
dripping under water and jumped over
board Go keep from bsing Drawn down In
the srction.
II was PICKED up by . boat from the
picked up by ths same tost They wore
Daniel CroniD, lsndsinan; Charles
Cerryman, toatswain; Albert John,
seaman, and BlooIner. a landsman.
Zone poor fellow whose face is injured
past all recognition II lying moaning on
n cCt In tbs hospital. / asked him his
usms, ana he mumDled back through
horribly swollen lips, MY folks would
feel uneasy if told you.
$50 fsr ~ | can icarn now, ths explos-
ion took plaza i'm tho magazine used for
the storage Of gun cotton for the torps-
does \ he vessel lies with her bow
wholly submerged and only part of her
stern showing.
1ho explosion, which shook the city
from ono end To another. created the
widest excitement. All tho electric
lights were put out nv tns shock. Fire
engines rushed madly from one direction
20 another, and no one knew for certain
Continued on Page 2.)
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
NEW TRIAL WANTED.
Railway Company want, III. McCanna
Verdict ST Aside.

There vas hearing I'm the Appellate
Court this mcrninR on tho defendants
petition for new trial in the case Of
william MoCsnDa OF woonsocket against
New York & New England Railroad
CtmpBDy.
Mr. McCapna was riding on hearss
returning from cemetery just over the
Massachusetts lins 10 Moousocket whon
tho htarse was struck by a locomotive as
it was crossing the tracks of the defend
ant company. The jury that heard the
case the common Las division gave
Mr. McCanna verdict FOR 500 This YER
diet Is alleged to be against the law and
evidence ~ hr McCanna's horse TO
which. 10 Is claimed no was Jaying little
attention at the .dine s~t scS I'D and ran
toward the eng
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
RESERVATIONS SENT In.

Col. Stevens OF Bristol and Capt. Brown
TO Retire.
Colonel Daniel Stevens, commandant
of the Bristol Train Of Artillery, and
Captain Albsrt II. Brown. Company q,
First Regiment, yesterday forwarded
their designations from the state militia.
Colonel stevens was formerly lisuten-
ant of the Illk ois national guard and
Joined the militia Of this state about six
years ago. since his connection with
the Bristol Train OF Artillery he has
raised tie standard OF the tody very
much and brought about some important
changes for the better. Ihe company
and the militia will lose aD able officer
in Colonel Stevens.
Captain Brown has been connected
with the miitia for many years and 10
we'll known and well liked. He has bean
In command OF Company 4 since Decem-
Der, 1889, and main ptained it AZ n high
standard. Lieutenant A. q. Mstteson
" III probably succeed him.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
NEXT TUESDAY
Commission on Constitution 4
Likely TO R, port.
Speculation as 10 Whether the Report
Will Be Unanimous.

Just at present there is a great deal OF
intert st In the proceedings Of the gentle
men who make up the commission ap-
pointsd 10 reviss the constitution Of the
It ste, not 50 much a. at Whist will bs the
contents OF the much expected report, but
rs to when the report VIII be forthcom =
ing. There is reason. however, to be-
lieye that there will be no report received
this week. and those best Informed look
for il one week from yesterday. Whether
the report Will be unanimous, or whether
there will be majority and q minority
report is als1 factor which is keeping
many OF tho legislators guessing.
One gentleman, wLo Is recognized as
an astut3 politician is of the opinion
that toe report will he unanimous, in
which cass there seems 10 be no doubt
that 1t will be received ard placed upon
the caller dar for discussion. Should there
he n majority ard minor ty report and
both should 60 to the judiciary commit
tee. it IL not easy at this time to prophecy
what coursi might he pursued.
However, IL Is admitted that whatever
form the report takes, there is bound to
be quite an extended discussion over the
recommendation maze by the members
Of the com m ssion, before anything can
be done in the direction of submittinq
the MATER to tbs people. 1t has been n
not ceabie fact ttat the so-called Demo
cratic minority IN tie Hous, is by no
mesns unit. Upon several occasions
this fact has been made patent tn DIR.
Garvin, who earlier in the season evident
~ deporde ulon general support from
thcs. gentl nat.
What position the Democrats and Coed
Government members In the House will
taxi upon the stats constitution question
remains to bo seen. but judging from
y hat hes gone before, DR.. Gnrvin cannot
haxa tho lpnEf hnna pf m al Ia IN IN,
these members into line. They are most
Of them mon of brains and they are very
apt to follow thoir own partic Ilar views
upon public questions
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16

Others on Spanish guubost and In the
city. Am with Sigsbee, who has tele-
graphed the navy department.
(signed) Lee"
CAPT. SIGSBEE NOT WOUNDED
Havana. Feb. Ia The report that Capt.
Sigsbee was wounded is insccurats.
Capt. Sigsbee with other officers, went in
a small boat TO the Ward Line steamer,
City of Washington.
Two officers and more than 200 OF the
crew are missing. Some of the crew, who
were able TO support themselves by
swimming, were saved by the boats.
Six Of the wounded crew and one of the
officers have been taken To the military
hospital by General Bianco's orders.
MANGROVE AND FERN SAIL.
Key West, Fla, Feb. 16 The light
house tender Msngrove sailed for Havana
at 3 O'Clock this morning, having on
board ssveral doctors.
The steamer Fern has also sailed fer
Hayana, and the toruedo boat Ericsson
left at midnight with dispatches for the
fleet. No details have b, en- received here
regarding the diss ster to the Maine, and
the list Of killed and injured is unobtain-
aUle here.
STORY OF THE NAMES COOK.
New York, Feb. 16-A special to the
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
Cause of the Catastrophe Still Unknown and but Little
Definite Information Has Come to Hand
Reports Received Say That All the Officers With the Exception Two Escaped but That
From 100 TO 300 Men Lost Their Lives

Washington, Feb. ,6-The navy de-
ment before o'clock this morning on
account OF the reported destruction OF
the. Batttleship Maine in Havana har-
Tor last night by EXPLOSION. The first
first news received this morning came
from Key West Commandant Foi-
Forsythe at Key West wired the navy
department that he had been notified by
Captain sigsbee Of the Maine TO inform
Admiral Sicard, in command of the
North Atlantic squadron, that the Maine
had blown up and was destroyed. He
reques ested lighthouse tender be sent
over to Havana, and added that many
were killed and wounded.
Commandant Forsyths's message fur
ther said that ths lighthouse tender
Mangrove left Key West at 3 o'clock this
morning for Havana, and that the tug
Fern wonld promptly follow her.
A second dispatch from Comrsndant
Forsythe said that he had sent the tor
pedo boat Ericsson, which was at Key
West, TO Admiral Sicard. who Is at the
Dry Tortugas with a message concern
ing the disaster 10 the Maine.
Captain Dickens captain or the navi-
cation bureau, expressed the opinion
that the explosion took place in the
magazine OF thee Maine. He said that
this was evident for the reason that the
ship was afloat after the hour of the ex-
plosion. Had q torpedo been fired under
the battleship sue would have sunk
almost Immediately. And the fact that
ste had not done SO was conclusive evil
dence that the firing of torpedo was not
the cause Of the disaster.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
A TUGBOAT
CAPSIZED.
Fatality in The Lower
New York HarbOr.
TWO LIVES WERE LOST.
Vessel Sank Very Quickly After
She Had Overturned.
TWO OF THE CREW PICKED UP.
TWO OF THE CREW PICKED UP.

New York. Feb. l6. A tugDoat said
to be the frankie capsized and sank today
in the the lower bay. 1t In stated that at
least two men were lost, The ferryboat
Csstleton Of the Staten Island liue was on
her way to New York when the tug boat
was heard whistlina for help.
The ferryboat went to her aid, but the
tug went down quickly. Two were saved
ard ii is stated that at least tvo were
lost.
A later dispatch says Nicholas Frank.
were drowned. The fireman and a deck
hand were rescued by ferry boat.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
HALL & LYON co.
APOTHECARIEs.

Amateur Photography has
now passed far beyond the
experimental stage, and has
gained tn e firmest footing
among the list of amusements.
In order to supply the demands
OF the Amateur trade OF to-day,
a stock house must keep all
kinds Of Photographic supplies.
We have all the articles neces-
sary for the making and devel-
oping OF pictures = including
everything, from the Camera
to the mount, and our prices
are the lowest in New England.
We have just received our first
shipment of 1898 Premos, in
cluding a full line of regular
and pony sizes, also the new
4xs Premo v, the first Of this
size ever shown i'll the city.
This is the best Camera ever
offered tor S4.25.
HALL g. LYON co.
APoTHECARIEs.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16

did not wish his name used because of
the mescreness Of present Information as
to details, expressed the informal opinion
that the accident occurred from spontan-
eous com bustion In the coal bunkers, the
heat OF which exploded the powder in tho
supplementary magazines adjoining.
Still another prominent officer was very
confident that the forward magazine of
the Maine could not have exploded.
''Had the magazine exploded" said he.
1.-THE ship would have been blown TO
flinders" "
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
THREE HUNDRED LOST.

New York, Feb. l6.-A special cable to
the Evening Telegram from Havana says !:
Vice Consul Springer has Just assured
mo that al. the officers were saved except
jenkins and Merritt, both Of whom are
missing. MIR. Springer says at least 800
were lost Capt. Sigsbee was on deck
when the explosion cane
1t was in ths how Of the vessel A SEN
try stationed at the bow was unhurt. In
fact be had seen nothing suspicious.
Here are n few names Of the survivors
brought ashore:
Lostus, private marine.
shea.
Gartner.
Z. A. Smith.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
TRAIN SHED CASE.
Decree Entered BY Consent OF All
Parties Today.
II Grants Defendants Permission 10
Amend Answer.

By consent Of all parties in the case OF Will
lard B. Tanner, attorney general, vs.. New
fork. New Haven n Hartford Railroad Com
pany decree was entered in tho Appellate
uourt this morning granting the defendants
leave 10 amend It's answer by adding thereto
the report Of the Joint special committee on
train sheds, OF which Mayor William @. Baker
is chairman.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
Cattle DYING on the Range.

Vsrnal. Utah, Feb 16.--Ranse riders
just in from the Blue Mountain country.
east Of Green river and along the Colo
RADIO line, report cattle dying daily on
the range on account Of wet and Geld.
One cattle man statss that no fears ths
loss Will amount to from 81 20 IS per cent
before the country dries mp In the spring.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
Souvenir BnlI Prorrama

We make speciality % such in original and
ornate designs NJ low prices. Particular at
tention given TO lodge and society work. The
J. j. Ryder Co. ,2l0 Westminster street.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
Prince Henry Sails From ceylou.

Colombo Ceylop, Feb. i6.-Prlpcs
Henry Of Prussia and the German vessels
under mis- command sailed from here yss-
terdsy on their way TO China.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16

Load
Durkee.
Kane
McNair
Ruske Bronan
j have talked with some of the officers
and seamon. One officer whose name /
could not learn. said of the explosion:
- was in my BUNK When | got on
deck fire ad started forward. There was
bands on deck was promptly obeyed and
the men and officers were perfectly cool.
All possible efforts were made TO check
the nre, but without avail
he flames spread rapidly and several
explosions occurred. Magazines were
b0rst oDeu and explosives were thrown
over board. In hnlf All hour 10 was ap.
parant nothing could save tho ship. The
first explosion wounded ard disabled
many. but how many il is impossible to
say. Many were struggling in the wat-r.
i was crowded verboard and remember
nothing moro until reaching the wharf. "
GEN. LEES REPORT.
washinpton, Feb. G.-Sscretary Day
received the following dispatch from Gen.
Lee:
The Maine blew MP at 9:40. The eK-
plosion occurred we'll forward under men s
quarters. consequently many were lost
IL h believed n n officers saved but jenkins
and Merritt not accounted for Gauss Of
explosion yes TO be investi gated. Captain
general and army and navy officers ren.
uersd every assistance.
'sigsbee ard most Of his officers on
board the steamer City of Washington.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
British Bark on Fire.

Calcutta. Feb. III The British bark
wynford, Captain Cutter, at this port
loading for New York. IL on flre.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
/" Horticulture in Holland. T"

The STATE BOARD OF AGRICULTURE
Sill hold an institute with the X |. llORTICUL-
TURAL SOCIETY, ON
"WEDNESDAY EVENING, Fob. I6,
in 1IILINGIIAsT HALL, 2s3 Westminster St.
at O'clock.
Nj. j. X. NJ. l.. FARQUIIAR, Of Boston, viii
lecture on "iiORTICULTURE IN HOLLAND"
Illustrated by Stereoptc Views.
"a Admission Free.
GEO. A. sToCKwELL, Secretary
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
AT SPANISH LEGATION.

The news Of the disaster was received
at the Spanish legation with horror and
was the occasion for many expressions or
the most profound regret and coudolence
Early in the day Senor du Bose. the
Spanish charge d'affaires, received
m. ssage from Captain General Blapco
which had bsen filed nt Havana at
o'clock this morning. II read as follows:
with profound regret l have TO in
form you that the American ship Maine,
in this tarbor, blew up 10y an unknown
upd dDubtedly chance accident believed
to result from an explosion of the boiler
of the dynamo Immediately following
the accident all the disposable elements
of the capitol hsstened To the spot To ex-
tend every Hid possible. These included
the force of the marine fire brigade and
all the general forces in Havana, among
them my chief Of staff. There have been
deaths and nounded. l have sent an
aide de camp TO offer every assistance to
the American consul that he may wish
for. win forward further details as
they become available
Signed. "BLANCO.
Senor Du Bosj expressed the most pro-
found regret at the occurrence To ths
Associated Press reporter. to whom he
gave "A copy Of the foregoing cablsRram
from Gen, raj Blanco lie said:
"Of course look upon the horror as
due in every respect and solely aud
and unequivocal statoment OF the althor-
ities at Havana. and all the evidence
thus for available goes tn sustain IL.
Asked If the disaster possibly could have
any adverse effect upon the relations bs-
tween spain and the United States. he
responded VITA a decided negative, saving
tnat the affair wss wholly an accident
Ssnor Du Bose hastsred Co the state
departments soon after receiving the
Blanco cablegram fer the purpose Of ex-
pressing his coincidence To the authorities
and Of communicating the captain
generals uisi atch TO Secretary sherman
and Mr.. Day. the assistant secretary. To
both OF them he expressed personally and
OH cially the most profound regret.
OPINIONS ON THE CAUSE.
Senator PIatt of Connecticut, expressed
the opinion that the explosion would be
found TO be the result of an accident from
within. and he doubted tbat Any ono
could have p;auned and carried out plot
To bring about an explosion on the snip.
Ex-senator Butler Of South Carolina,
who WAS meinber Of the committee on
fore ian relations la the Senata during his
ssrvics said IL was decide ,dly strange that
Am,rit sn vessels = have visited every port
In the word and no accident has Defall
them. hUt hat ns s0ou ns a vess ! visited
Havana this great disaster stould occur.
Gen. Butler was of the opinion that Same
bold man had gone on hoad tho Maine
a5d PLACED n grsn ,de with n slow match
wh.rs 10 would explode the magazine.
IL was prtbsbts. he thought that
many u6onle hi a been ptrnlttsd to visit
the warsbip. and that some ore Of the
visitors had carried a grenade aboard.
very prominent naval officer, who
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
A Woman'S Head

is level md her Judgment good when she do
cides that il is better 20 live in home Of
her own. Here is an opportunity 10 gain a
bargain and a hope at the same time. have
a l0-room cottage in Elmwood for which no
reasonable offer will be refused, modern im-
pruyoments and all coaveniencts. K. A. Per
kins, l01 We.tminster street.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
Our Early SprIng styls

spect them before making your purchases.
o. Z. Lsavens 6 Co., s6 Westminster street.
The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-16
ie@ Mathewson Street.

TO LFT-One tenement five rooms: Sli n
month ~ good order. Call at 55 Elm ST.,
Robert Muir fp.Gt
WANTED Boy IL or IS years OF ace. WIN
has al some experience with machinery
APPLY NO. 62 South Water street. N
Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1898-11-24
WITH TIE ELECTRICIANS.

There are now 81 telephone lines in
Michigan; where there was but one ten
years ago.
The telegraph and telephone, says the
Electrical Review, will soon revolution
ize the business life in Porto Rico.
A professional school Of electricity is;
to be established near Paris, France
The school is intended to furnish labor
ers and foremen with an electrical edu-
cation.
X According to the Western Electrician.
the electrical wires Of Chicago are grad
Eually going underground, not only IN
the central business district, where the
rule has been enforced for. several years,
but in the tying districts as well.
Among proposed applications of pow
er at long distances from its source is
the lighting of the interior passages
and chambers Of the great Pyramids
BY electric currents generated at the
cataract of Assouan, several hundred
miles away. The same power is In.
tended to operate pumping stations and.
Gotten mills along the Nile. IL ~
Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1898-11-24
THE TAG ENDS OF THINGS.

One-ffteenth of the inhabitants Of
Spain are mobiles.
Fish with white flesh are more easily
digested than fish with reddish flesh.
Fowls are plucked alive in Malta, in
the public markets. and in some parts
of England.
The population of England has in
creased from 100000 in the Eliza.
bethan era to 29,00O;0o0 to-day.
A gold mine under the town of Bal.
larat, Australia, is considered the rich
est in the world.
Bamboo pens still retain their hold
in India, where they have been in use fol-
more than 1000 years.
According to the best authorities
there has never been a race of men who
were ignorant of the use of fire.
To make paper freproof nothing
more is necessary than to saturate the
PAPER in a strong solution of alum wa
ter, and when thoroughly dry it will
resist the action Of the flame.
The otter is the fastest swimming
quadruped known. In the water it ex.
hibits an astonishing agility, swim
ming in a nearly horizontal position
with the greatest ease, diving and dart
ing along beneath the surface with e
speed equal, if not superior, to that OF
many fishes.