davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-01-31
OTHER OFFENSES
Leading to the Penitentiary or to the
GRAVEYARD

NEW YORK, Jan. 30.-Moses Rosen-
stock was arraigned in the Center street
police court today on the complaint of
his father-in-law, David Wilson of
Baltimore, as a fugitive from justice,
He was held pending the arrival of
reuuistion papers from Baltimore. Ro-
senstock was arrested last night.
Mr.. Wilson, the complainant, is the
senior member of the millionaire furni-
ture manufacturing firm of David Wifi
son & Son, Baltimore.
Thirteen years ago, according to the
story told by Mr. Wilson in court today,
Rosenstock was compelled, through
gambling debts and entanglements to
leave Germany. He came to this country
and after a short residence in Baltimore
married Mr.. Wilson'S oldest daughter
despite her fathers opposition. Soon
after that Rosenstock was given an i'm
portant position with his father-in-
laws firm, but after paying attention to
business for a few months Rosenstock
again plunged deeper than ever into dis
sipation. One day came the refusal OF
one of the firms largest customers to
pay a bill of over $4,000, which, it is
claimed, according to Mr.. Wilson, had
been paid to Rosenstock months before.
When confronted with the evidence Ro-
senstock denied that he had received
the money, but the matter was settled
for a time by RosenstockS accepting
a few hundred dollars and leaving town
He left his wife and five children be-
hind. An expert was put to work on his
books and, Mr.. Wilson states. discov-
cred that Rosenstock was 100000 short
in his accounts. This was in 1896.
His dissipation in Baltimore said
Mr. Wilson in court today, had already
cost me SIS, 900, and when / found he had
been robbing me besides I determined
to punish him severely if he could be
found"
For year or more relatives secured
the country for Rosenstock. He went
they learned, to Philadelphia, and after
being in the employ of a firm there for d
few months disappeared, having de-
faulted in small sum. Later he went
to Pittsburg and, according to the story
did practically the same thing ovel
again.
Rosenstock had nothing to say wher
arraigned today and greeted his father
in-law with downcast eyes. He shovel
little emotion when told by Mr.. Wilson
that during the two years he had beer
absent two of his children had died. He
was remanded to the Tombs.
THE STORMS GANG
BURLINGTON, Iowa, Jan. 3O.-SiN
members of what is known as the Storms
gang are now under arrest, charged with
completely in the murder of Mrs. Rath-
burn and her daughter. Blood stains
were found on the clothing of Storms,
the leader. A lad named Paterson today
told the police that he called at the home
of the Rathburns several weeks ago and
found two men there. One of them, he
The herald., 1898-01-31

said, asked Mary Rathburn to fix his
tie, and the boy afterward identified the
tie found on the body of Mary Rathburn
as the one that had been called to his
attention that night. The supposition
is that the girl tore the tie from her as
sailant in the struggle for her life.
Young Paterson also picked out the man
Storms from a number of prisoners and
declared he was the man who wore the
tie on the night he called at the Rath-
burn home. The police also say they
have information that threats were
made by members of the Storms gang
against the Rathburns.
DEATH FROM DRINK
TROY, N. Y, Jan. 30.-The body of
Mrs Georgia Connell, 81 years of age,
was found early this morning on the road
lying over Mount Olympus. She had
been frozen to death. 1t is thought that
the woman, who had been drinking last
night, became dazed and fell into an old
lime pit She must have crawled out of
this and, being too weak to go farther,
lay down in the middle of the road where
her body was found.
ACCIDENT OR SUICIDE
NEW YORK, Jan. SO.-Joseph B.'Still-
we'll of Brooklyn, who shot himself last
Thursday, died at midnight Saturday.
Whether the wound which caused his
death was accidental or inflicted with
suicidal intent, a coroners jury Will de-
termine.
WILL NOT APPEAR
ATWOOD, Kans., JAM 3O.-John Ma
gil, a wealthy farmer, committed SUICIDE
at his home in Beaver township To-Day.
The well known cause was his fear OF
being called as witness against a local
joint keeper.
A MEXICAN SWINDLE
CITY OF MEXICO, JAM S0.-Another
bold swindle has been brought TO llght
by which New York business men nave
been swindled out of $4,000. 1t ap1
pears that last autumn an American
giving his name as Frederick p. Graham'
claiming to be a half brother TO the
criminal lawyer, John Graham OF New
York, and married to grand niece Oh
Sir Robert Peel, persuaded three ar tour
New Workers. to go into phosphate MIN
ing in the state of OaXaca, reporting
that very rich phosphate deposits were
on the market and he could secure them.
Graham further reported that he had
organized a company known as the
Mexican Phosphate Mineral company,
and when the new parties were taken
into the concern Graham was made
treasurer and president. Recently two
parties from the New York end came
here to inspect their property, which
they had put up money for and now
they find that there is no phosphate
and that Graham has fled, taking all
available cash.
THE NEGRO FLED
SAN FRANCISCO, Jan. S0.-An at
tempt was made to murder Marco Kali
asich, a restaurant keeper at 6S3 Mis-
sion street, tonight by negro named
Charles Ben, alias Robertson. who is
we'll known to the police. Robbery was
the motive.
About 9 o'clock Kalasich dropped into
a doze. While he was in this condition
the negro secured a hatchet and crept
upon him. He dealt him heavy blow
that was meant to cause death. The
negro's aim was not true and Kalasich
awakened by the blow, sprang to his
feet. The negro sprang upon him and
dealt him a second blow. Kalasich
seized a cleaver and started for the
negro, who ran from the place and has
not yet been captured.
The herald., 1898-01-31
BRITAIN BACKS DOWN
TO THE DELIGHT OF GERMAN
EDITORS
English Papers Recognize a Bluff
Which May Call For More
Decided Steps

BERLIN. Jan. 31-Newspapers COM
ment here is all to the text of England's S
inglorious retreat as indicated by the
announcement of the Berliner Tage-
blatt that Russia and England have ar
rived at an agreement whereby Eng
land has consented to drop her demand
for the opening of Tallien-Wan as free
port, and Russia valves further opposi-
ton to British control of the Chinese
seacoast ports.
The North German Gazette publishes
foreign office announcement that all
applications to settle or open business
at Kiao Chau are premature. the regu-
lations regarding the news here being
incomplete.
The National Gazette learns that
Turkey has given Russia permission to
send the Black sea fleet through the
Dardanelles.
ONLY A BLUFF
LONDON, Jan. 31.-A dispatch to the
Daily Mail from Shanghai says Sc
cret dispatch has been issued by the
tsung-li- -yamen to certain high officials,
informing them that Russia warned
China that if Kiao Chau were granted to
Germany, Russia would demand either
Talien-W or Port Arthur.
According to the same dispatch it is
asserted at Shanghai on good authority
that China consents to have Russians at
the head of her customs and railways.
At the present moment, says the
Daily Mails correspondent, there are
10O 900 Russian troops in Talien- Wan and
Port Arthur. Russian agents have been
sent to Tien Tsin (the port of Peking)
and to Japan to purchase coal and food,
six thousand bags of which have been
bought at Tien Tsin.
The Daily Mail this morning says it
learns from a source hitherto accu-
rate" that China is inclined to make the
best possible bargain with Russia, whose
diplomacy appears to have triumphed at
Peking England having resolved not to
force a conflict by further opposing
Russia's claims at Port Arthur and in
the Lao Tung peninsula.
Japan. says the Daily Nails author
ity has been thrown into state of con-
sternation by the British backdown and
has adopted more friendly attitude
toward Russia. This statement, how
ever the Daily Mail admits, is "in-
credible, and probably a bluff with a
view of forcing England to take decided
steps"
The Daily Mail counsels it's readers
not to be alarmed.
The Odessa correspondent of the
Times says volunteer fleet will con-
vey in the quickest time practicable 10,-
900 Russians to the far east. The first
cruiser, with 20OO men, will leave within
a few days.
The herald., 1898-01-31

"The government would then have
definite information as to whether there
would be want or suffering in the Alas
kan territory next winter"
Because Of conditions which may arise
to alter the present arrangements, Gen.
Merriam will go In person at least as far
as Chilkoot pass to direct operations.
THE AERIAL ROUTE
TACOMA, Wash, Jan. S0.-Hugh c.
Wallace, president of the Chilkoot Rail-
road and Transportation company. has
adyices of the completion of the COM
pany's aerial tramway over Chiikoot
pass in Alaska. The company's system
is a railroad from Dyea to canyon CITY,
thence a system Of aerial tramways over
Chilkoot pass to Lake Linderman. rms
marks a new era for Klondike travei.
The time between tidewater and the
headwaters of the Yukon river IS snort
ened from a month to one day. BESIDES
removing peril and hardship. the COM
pany made a contract last night with the
Canadian government at 10 cents d
pound for transporting all It's freight 1or
the mounted police from Dyea 10 Lake
Linderman,
A SKAGUAY RIOT
SKAGUAY, Alaska, Jan. %. via Seat
tie, Wash, Jan. 30.--A riot occurred mere
yesterday on the arrival of the steam
ship Al-Ki from Puget sound between
local longshoremen and the crew OF the
steamer. The captain of the Al-ki hao
brought number of Indian longshore-
men from Juneau to discharge the yes
sells cargo, and as soon as the steamer
made fast to the dock and the INDIAN
laborers began work trouble began. A
mob of at least 100 men made an on
slaught on the Indians, striking ano
beating them in a ferocious manner
The first mate of the steamship inter
Ifered, but in a moment he was knocked
down by the enraged mob. Then Cap
tain Henkle of the steamer ordered the
hot water hose turned on the crowd
but the order was not executed. Hac
it been serious loss of life would have
resulted. Several of the In
dian longshoremen were badly cut and
bruised, but no fatalities resulted. A
parley was subsequently held which re-
suited in the white longshoremen Sc
curing the work of discharging the AL
Kps cargo, the Indians being kept or
board the steamer.
Skaguay is rapidly filling up with the
most notorious bunco and confidence
men in the United States, who see here
a rich field for their operations.
Yesterday a man named c. J. Dimbol'
ten of Minneapolis, a returning klon'
diker, was relieved of a sack Of gold dus'
valued at $3.50 in poker game.
FOUR ARRIVALS
SEATTLE, Wash, Jan. 30.-Foui
Klondikers arrived here tonight on the
steamer Al-Ki. They were Homer Ma
ris of Chicago; George Barrick, Cripple
Creek, Col. A. James, Kansas City. and
j. f. Dowsey, Stamford, Conn. They
left Dawson December 14th. They re-
port that between 100 and 200 men viii
arrive here from Dawson within the
next six weeks. When the party left
they sold their provisions at an average
of so cents pound.
THE QUEEN SAILS
SAN FRANCISCO, Jan. 3O.-It Is es.
timated that 10000 people witnessed the
departure of the steamer Queen fol
Alaska today. She carried over seventy
miners bound for the gold fields. Many
dogs We're offered for sale on the dock
but there were no purchasers.
The herald., 1898-01-31
SELIGMAN
Says That France Is Not a Nation of
ImbecileS

PARIS, jan S0.-(Special to The Her.
ald.) THE present question has been
made one of politics rather than of re-
ligion in it's main aspect" said William
Seligman. Paris representative of the
great banking firm of j. and w. Seligman
& Co. Fanatics may attempt to make
it religious question, but one fanatic
does not make a nation of imbeciles The
in moment of irritation they should in
jure the Jews, the Frenchmen them
selves would be the first to go into sack
cloth and ashes over such injustice"
The herald., 1898-01-31
Spoiled the Show

SAN FRANCISCO, Jan. 30.-George
Standard, manager of the wild west
show at Central park, was seriously in
iured today, just before the time for the
exhibition to begin. He was thrown
from his horse. which fell upon him,
crushing his head against the ground.
He sustained fracture of the base Of
the skull His condition Is critical and
his recovery Is doubtful.
The herald., 1898-01-31
A Training Ship

SAN FRANCISCO, Jan. 30.-The
United States sidop- of-war Marion was
today turned over to the northern divls-
ion of the naval reserve Of California.
Governor Budd formally transferred the
vessel to Capt. Turnet, who, with 140
members of the reserve then took charge
of the warship and brought her from
Mare island to this city. where she will
he stationed.
The herald., 1898-01-31
Peasants Wouldn't Paw

ATHENS. Jan. 30.-Sey Fullah Pasha,
with 2000 soldiers and two guns, recently
went to the village of Lazarina, near
Trikhala, to enforce the payment of
taxes. The peasants met the troops and
an engagement ensued. Next day the
attack was renewed, with results not
yet known here.
The herald., 1898-01-31
A Steamer Disabled

HALIFAX, N. S.. Jan. a0.-The steam
err Mongolian, which arrived from Liv-
erpool tonight, reports that on Tuesday
last she passed the steamer Tabasco.
disabled, with another steamer standing
by and passing a tow line. They sig
nailed that they were going to tow to
the Azores.
The herald., 1898-01-31
Damaged Vessels

ST. JOHNS, Jan. 30.-The ice blockade
was raised today. The damaged steam
er Picton for Newport News and the
Parkmore for Boston, sailed. The lat
ter still has large quantity of water in
her hold and a list of Is degrees to the
"rboard.
The herald., 1898-01-31
An indian Murder

BOMBAY, Jan. 3O.-Early this morn
ing the body of the chairman Of the
plague committee was found in field
at Sonnar, in the Nassick district of
this province, near the scene of the
riots. The commissioner was mur-
dered.
The herald., 1898-01-31
--'
An Oil Sale

LIMA, Ohio, Jan. 30.-The Mt. Zion
Oil company Of this city has sold to
Cleveland capitalists headed by d. f.
Sherbondy, all of its property in Wells
county, Indiana, consisting of 629 acres
OF land, all but 100 Of which is developed,
forty-seven wells, with a production of
about $50 barrels a day. The purchase
price was in the neighborhood of S11O. .OOo.
The herald., 1898-01-31
New York Weather

SARATOGA, N. Y, Jan. 3O.-The cold
increased during last night. The mer-
curry dropped to % below zero and in a
number of surrounding towns averaged
32 to "a below.
The herald., 1898-01-31
To Cure n Cold In One Da,

Take Laxative Bromo Quinine Tablets. An
druggists refund money IL it fails to cure.
25c. The genuine has L. B. @. on each tab.
!et
The herald., 1898-01-31

Latest styles wall paper at A. A. Eek
strom's. 1924 South Spring street.
The Advocate and news., 1898-08-31

regular, and appealed by the landowner
to the District court, the filing or pleadlngS
rests wholly within the judicial discretion
Of the trial court
g. The rule Of law requiring the specific
facts constituting the fraud, the cruelty, or
the negligence to be stated should be lib
orally construed when applied to pleadlngs
filed on appeal In condemnation proceed
ings.
l. The special findings examined, held, TO
be In harmony with the general verdict.
All the Judges cOncurring.
Attest: W. o. cHAMPE,
tSeall Clerk.
In the Kansas Court OF Appeals, Southern
Department, Eastern Division.
NO 1S8
The Missouri Pacific Railway Company,
plaintiff in error,
w. II. Clark, defendant in error.
AFFIRMED.
Syllabus. Per Curiam
This action was commenced by w. H.
Clark to recover damages for certain al
legged Injuries sustained by his minor son
in consequence OF the negligence OF the rail-
road company. The case was decided by
this court November, 80 Pacific &S, upon
the authority Of Railroad Company v.
Clark, 40 Pac. 100. A petition for re-hearing
was filed by the railroad company and
granted by this court. We have again exc
amlned the record.
The evidence, though slight, was suficient
to justify the trial court In submitting the
question Of negligence TO the jury. This
was done under proper instructions. The
verdict and findings are supported by some
competent evidence, they nave been ap-
proved by the trial court, and will not now
be disturbed.
The Judgment Of the District court Is AZ
flrmed.
All the Judges concurring.
Attest: W, o. cHAMPE,
LSeall Clerk.
In the Kansas Court Of Appeals. Southern
Department, Eastern Division.
The Southwestern Mineral Railway Com
pany, plaintiff In error,
VS..
Il. L. Christy, defendant in error.
Error from Cherokee County. \.
AFFIRMED. .
Per Curiam.
The record In this case examined. The
errors assigned and argued by counsel are
not sufficient to require a reversal The
judgment Of the District court Is affirmed
Attest: ' w. o. CHAMPE,
LSeall Clerk.
BY q. L. Eaton, Deputy.
In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
No. 1877.
Henry Rucker, plaintiff In error,
The Board OF County Commissioners OF
COffey County, defendants In error
Error from Coffey County.
AFFIRMED.
Syllabus BY the Court. Milton, !.
Under the facts In this case It Is held that
the plaintiff was not entitled to Judgment
against Coffey county upon his claim for
money alleged to have been paid by him,
while It's County Attorney, at the instance
and request Of It's Board OF COmmiSsior-
ers, as a part Of the expenses OF certain
extraditlon proceedings as II appears from
the record that the defendant Board had
already paid the claim OF the States agent
for the expenses OF such extradition pro-
ceedlngs.
All the Judges concurring.
A true copy.
Attest: w. o. CHAMpBs
The Advocate and news., 1898-08-31

VS..
George L. Rockhlll, defendant in error,
Error from Franklin County.
REVERSED.
Syllabus BY the Court. Dennlson. p. ].
/. The judgment Of justice OF the peace
against an interpleader, who claims a funG
garnished, is a final Judgment against one
OF the parties to an action ana Is appeal
able.
2.When the record shows that a garnishee
has paid money to the justice OF the peace
and upon appeal to the District court
makes the following order, that the $225.OC
fund paid into the hands OF G. Il. Robbins,
justice Of the peace in this cause, be PAID
to the clerk OF this court, and held by him
during sixty days, and then paid to said
Intervention, unless the judgment herein De
duly superseded in which event he snail
hold said fund until the further order OF
this court" II Is error for the court TO
render a personal judgment against the
plaintiff for the garnished fund.
All the Judges concurrng.
Attest: ''''' w. o. CHAMPE,
'''"'' BY E. L. Eaton, Deputy.
IN the Kansas Court of Appeals Southern
Department, Eastern Division.
No. 251.
William Magee, plaintiff in error,
VS..
s. ]. HartzeIl, defendant in error.
Error from ChautauCua County.
REVERSED.
Syllabus. BY the Court. DennIson, p. ].
1. Rules Of the District court which are
not contained in the record cannot be
passed upon by this court.
2. A party who has submitted case to
this court and briefed 1t upon its merits
has made a general appearance herein.
8, When a person proves that he was In
possession of stock of goods and selling
them at retail after having traded for them
and received possession from the former
owner thereof when dispossessed by the
Sheriff, he has made prima facia case,
and II devolves upon said Sherim TO snow
that the trade was made by the said former
owner with intent to hinder, delay or de-
fraud his creditors and that the purchaser
knew of such intent.
All the Judges concurring.
Attest: '''' w. o. CHAMPE,
[Seail Clerk.
BY e. L. Eaton, Deputy.
In the Kansas Court of Appeals Southern
Department Eastern Division.
Atchlson, Topeka e. Santa Fe Railroad
Company, plaintiff in error,
Daniel W. Meet, Fred Geler, W.. II. Hol-
llnger, and the American Fire Insurance
Company, defendants in error
Error from Crawford County.
REVERSED.
Syllabus BY the Court. DennIson, P. j.
/. An insurer may join with the insured
as plaintiff to recover for the loss Of prop
erty negligently destroyed by fire.
g. When an insurance company has paid
a loss under a valid and binding policy,
said COMPANY can. in an action against the
person who negligently destroyed said prop
erty, be subrogated to the rights OF the
insured in the judgment rendered against
said person, but only in the amount which
it has paid to the insured.
g. The case of X. M. Ry. Co. VS.. Brehm,
81 KS. 751, and Atchison, Topeka & Santa
Fe Railroad Company VS.. Chenoweth,
Kan. App. S10 cited and followed.
All the Judges concurrlng.
A true copy. .,
Attest: w. o. CaAMPE,
[Seal.] Slerk.
BY e. L. Eaton, Deputy.
In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
No. 3O4.
The Advocate and news., 1898-08-31
published August 81, 1881
Appellate Court SylIabi.


Syllabus BY the Court Milton, j.
l. Chapter 145, Laws Of 1897, entitled IAN
act to secure to laborers and others the
payment of their wages, and prescribing a
penalty for the violation Of this act, and
repeating sections 2Al, 2ii2 and 2i4S OF the
General Statutes of 1889, and all acts and
parts Of acts in conflict herewith" Is held
to apply only to corporations and trusts
that severally employ ten or more persons
2. The title Of said act is held not to con-
fict with the first clause Of Section 10,
Article 2, of the State Constitution, which
provides that no bill shall contain more
than one subject, which shall be clearly
expressed in It's title.
3. Said act is not in conflict with Section
II, Article 2, Of the state Constitution, ION
shall have a uniform operation through
out the State; and in all cases where
general law can be made applicable no
special law shall be enacted.
A. Said act is held to be not repugnant
to the provisions of Section l Of the Four
the United States nor to those OF Section
of the Bill Of Rights OF the State Consti-
tuition.
s. Said act is held constitutional as valid
exercise of legislative authority to alter and
amend corporate charters.
Schoonover, j., concurring.
DennisOn, p. j., dissents to that part OF
the opinion expressed in the second section
of the syllabus.
Attest: '' W. o. CHAMPE,
BY E. L. Eaton, Deputy
10, nf lie
Department, Eastern Division.
No. 229.
Benjamin C. Redlon, plaintiff in error,
VS..
The Fish-Keck Company, and Charles B.
Redlon, defendants in error
Error from Crawford County,
REVERSED.
Syllabus. BY the Court Dennison, P. j.
/. When an action is regularly pending
in the District court, and necessary party
to the full determination Of the matters in
controversy has been made party de-
fendant and has been duly served or en-
teTs his voluntary appearance in said ac-
ton, the court errs in sustaining a mo-
tiOn to dismiss the action as to said de-
fendant.
All the Judges concurring.
Attest: W. O. CHAMPE,
[Seal.l Clerk.
BY E. L. Eaton, Deputy
In the Kansas Court of Appeals, Southern
Department, Eastern Division.
No 267.
Norman F. Thompson plaintiff in error,
Chas. NJ Searle, ct al, defendants in error
Error from Chautauqua County.
DISMISSED.
Syllabus. BY the Court Dennison, P. j.
Great Western Mfg. Co. VS.. Richardson,
81 KS. 66l, cited and followed
All the Judges concurring.
true copy.
Attest: w. o. CHAMPE,
' By E. L. Eaton, Deputy.
In the Kansas Court of Appeals, Southern
Department, Eastern Division.
No. 241.
A. G.. Hanback,, plaintiff in error,
VS..
John Corrigan, defendant in error
Error from Cherokee County.
AFFIRMED
Syllabus BY the Court. Dennison, P. j..
l. A sub-agent can look for his compen-
sation only to his employer.