davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
TWO COACHES WRECKED
SERIOUS COLLISION ON THE DEN
YER & RIO GRANDE ROAD.
Six People Killed and Others Hurt
Railway President Among the Vic.
tims-Other Casualties.

DENVER, Col, Dec. "A rear-end col
lision occurred between two passenger
trains on the Denver & Rio Grande Rail-
road to-day in which six persons were
killed outright and several others seriously
injured. The accident happened six miles
east of Salida at G. a. m. The killed:
c. e. OSGOOD, Denver.
III. X. MATTHEWS, Denver
PETER BARNES, Denver.
MRS. GEORGE r. PORTER, Grand
Junction.
A. H. JOHNSTON. Oberlin. O.. president
OF the Arkansas Midland Railway.
AN UNKNOWN MAN
Seriously injured:
GEORGE w. PIERCE, Denver; will re-
cover.
THOMAS NJ. GORMAN, Denver.
A. NJ. JOHNSTON, Oberlin, o. son of A.
III. Johnston, back broken; will probably
die.
Train No. 5, the nerrow-gauge train for
Grand Junction, Durango and New .Iexico
points. which left Denver last night, had
been tagged at that switch and had stop
ped, owing to an obstruction at bridge.
Standard-gauge train No. 15 from Glen
wood Springs was following, and, failing tf
get a signal to slow up. plunged into the
rear sleeper, filled with passengers. The
Pullman was shattered and the coach
ahead was also wrecked.
g. Z. Osgood was a brother of ]. c. Os-
good, president and general manager Of the
Colorado Fuel and Iron Company, and was
cashier In the employ of the company. Il
r. Matthews was travelling passenger agent
Of the Burlington road
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
TWO DEMONS IN CONFLICT.
One Prisoner in the Ohio Peniten-
tiary Nearly Kills Another.

COLUMBUS, O., Dec. 4-There was a
terrific battle in the demons cage at the
Ohio Penitentiary to-day. in which Frank
O'Neil. the Cleveland prisoner who killed
Guard Lauderbaugh a year ago. was near
ly stabbed to death by Otis Hurley, of
Dayton. Both men have been confined in
the cage by reason OF their murderous dis
position and have quarreled almost con-
stantly since they have been together.
Hurley had fashioned a dagger out of a
heavy piece OF wire, and attacked O'Neil
while the latter was asleep. Hurley had
inflicted half dozen wounds with the
weapon, when it stuck in the bone of
ONeil's shoulder and broke at the hilt.
Hurley claims O'Neil had threatened to
!Aill him, and that the stabbing was done
In self-defense.
Hurley was padded" put through the
'ducking tub" and his good time can
celed. He is far from being penitent, how
ever, and threatens to renew the assault
at the first opportunity. O'Neil is in a
critical condition.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
ELECTRIC CAR WRECKED.


CHICAGO, Dec. A Wabash Railroad
passenger train struck a Thirty -first-street
electric car at 6 o'clock tonight. iniuring
eleven persons and denolishing the car
Char.es Shaw, motorman, died at midnight.
The injured are:
BEkTHA MARTIN, leg broken.
MARY PALAk, fourteen years old, head
ana body bruised.
Anna f@AL4,h, injured about back and
shoulders.
tkANCEs LoHR. left leg broken and
severe scalp wounds.
ANNIE LOhh, left shoulder fractured.
GEOhGE SHAW, internal injuries
FRANh PALE, bruised about head and
shoulders.
FkANk LUMK. injured about head and
shoulders.
CHARLES SHAW. motorman. right arm
CHARLt-S kEIlMAN, left foot cut off and
internal injuries.
FRANK O'CONNELL left ankle broken.
The passenger train was running at a high
rate Of speed and was two blocks from the
crossing when the conductor of the electric
car gave the signal to the motorman to
cross. The car had reached the middle Of
the tracks when a warning shop' from the
hagman notified the passengers ~ he dan
ger from the approaching train. There
were thirty or more passengers on the car
and they made a dash for the doors. Sew
eral succeeded in getting out and those
who did not were thrown more than twen-
ty feet with the car, which was broken into
pieces. The fact that none was killed As
considered marvellous
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
PRICE CENTS 4Ess fSHay sS 5aEBas sEs sEAR G 2s

ted The board denied the request. as 1t
had no power to go behind the certified re-
turns.
In the canvass Of Breckenridge county 1t
was discovered that two certificates of cleo
ton had been filed, the county officers de-
string to alter the count given In their
first certificate. Commissioner Ellis asked
the attorneys 10 declare themselves on this
point, as II might be of Importance later
on. He wanted TO know If the attorneys
were Of the opinion that the county officers
had a right to make corrections at date
subsequent 10 the original filing Of the GER
ihcate. The Democrats said nothing and
the Republicans assented audibiy.
The city was very quiet to-day. A large
number Of men, most OF them Republicans.
came in from outlying counties. and one
enthusiast came in uniform without having
been ordered TO do so. Among the arrivals
were Lieutenarts Sparks and Scovilie. OF
the Laurel county militia, but they did not
come on orders. They came, according to
Adjutant General Collier, as private citi-
zens. TO see what was going on. There
was not semblance of row OF any kind
during the day. Mayor Dehoney swore in
sixty extra policemen. but they were as
much on account of the crowds drawn by
court day and the opening OF the congress
sional campaign.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
The Copyright Law.

WASHINGTON, Dec 4.-The United
States Supreme Court to-day rendered a
decision in the case of Charles e. Bolles
versus the Outing Company. involving the
provision of the copyright law requiring
the forfeiture of plates or photographs on
which the copyright has been infringed and
fixing penalty of "sl for every sheet of
the same found in the possession of the
infringer." This action was based upon an
infringement Of the copyright of Bolles to
photograph Of the yacht vigilant made
in 1893. The opinion, by Justice Brown, con-
strued the statute as meaning that dam
ages could be claimed only for copies found
I'm the actual physical possession of the in
fringer. 'The construction contended for
would" he said. permit an author to lie
by during two years allowed him for bring
ing suit. permit another to publish the
work during that time and then recover
for every copy published. Had Congress
designed the extended meaning claimed for
the words found In his possession 1t would
naturally have used the expression found
in or traced to his possession.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05

CINCINNATI, Dec. Accommodating on
the decision Of the United States Supreme
Court and its effect on the Addyston Iron
Pipe Company, the Enquirer will say to-
morrow:
1T Is proper to make II plain that the
combination affected by this decision is by
no means identical with or related to that
Of the several companies named now In ex-
istence, and known as the United States
Cast Iron Pipe and Foundry Company. This
company is organized by the purchase out
right Of the separate plants. and while the
decision handed down has its bearing on
trusts in general. IL is specifically against
combine of several distisct companies, all
preserving their identity. Procedure against
the newly-formed trust would be against
one big company formed from the several
others that lost their identity as such. The
Addyston and the other companies named
were formerly in combination of individ-
ual companies, but are not any longer"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05

thC ETONhutuCG hO8pltals
WASHINGTON, Dec f.-The United
States Supreme Court to-day decided the
case of Joseph Bradheld, of the District
of Columbia. against United States Treas
ufer Rooerts. bfougiit to restrain the treas
urer from paying over money appropriated
to meet the terms of agreement made by
the commissioners Of the District with the
management Of Providence Hospital In
this city. The hospital is conducted by the
Sisters of Charity of the Catholic Church
and Bradfield opposed 1t on sectarian
grounds. Justice Peckham, in passing on
it. said: Assuming that the hospital is a
private eleemosynary corporation, the fact
that It's members. according to the belief
of the complainant, are members of q mon
astic order or sisterhood OF the Roman
Catholic Church, and the further fact that
the hospital is conducted under the auspices
of said church are wholly immaterial
Whether the individuals who compose the
corporation under its character happen to
be all Roman Catholics, or all Methodists
or Presbyterians, or Unitarians. or mem
bers of any other religious organization or
of no organization at all, Is not of tho
slightest consequence with reference to the
law of its Incorporation. All that can be
said of the corporation itself is that II has
been incorporated by an act Of Congress
and for its legal powers and duties that
act must be exclusively referred to-"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05

CLEVELAND, O., Dec. 1.-TWO motor
cars collided on Wilson avenue, near Wood
land avenue. late this afternoon, owing to
an open switch. The passengers were bad
ly shaken up, but only lhree persons were
severely hurt. They were: John Vinzei. the
motorman OF one OF the cars. bruised and
cut and internally injuered: Bruno Young.
Az Harper street, badly bruised, and Mich
olas Jacobs, Il Echo street. badly bruised.
They were taken TO st. Vincents Hospital.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
Receiver for Investment Company.

CHICAGO. Dec. 4.-On the petition Of a
stockholder, Judge Gibbons to-day appoint
binaton Investment Company. Ii was al
legged that large sums of money had been
the country, which were used In bucket
shop speculation. Ii is also charged In the
petition that investors have been paid
ized on their investments. but Thai in real
ity the money was the principal advanced
by other customers. IL is also claimed that
the offices OF the company, without the
consent OF the stockholders or directors
permitted the speculation with the money
received from customers. and that 800. 600
had been loef or disposed Of. Assets are
placed at $4,000.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
MORNING,
YlT HlEElz EsTzBaaEb EsEhhIsBrR @ m vOL. XLIXNO 339

by the statement that the Senate had not
been informed officially of Mr.. Hobart's
death.
Pending the actual convention Of the
Senate the chamber presented a most ami
mated and picturesque scene. The galleries
were filled with brilliant and distin-
guished audience. In the diplomatic gallery
were several prominent members OF the
diplomatic corps. among whom was Lord
Pauncefote. the British ambassador. and
Lady Pauncefote.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05

held 70 have intended the necessary and
direct result of their agreement"
Remarking on the general aspect Of the
case. Justice Peckham said: I'VE have no
doubt that where the direct and immediate
effect of a contract or combination among
particular dealers in a commodity is to de-
stroy competition between them and others.
and that the parties to the contract or
combination may obtain increased prices
for themselves. such contract or combina-
ton amounts to a restraint Of trade In the
commodity. even though contracts to buy
such commodity at the enhanced price are
continually being made. Total suppression
Of the trade in the commodity is not neces-
sary in order to render the combination one
in restraint of trade. 1t is the effect of the
combination in limiting and restricting the
right of each of the members to transact
business in the ordinary way as we'll as its
effect on the volume extent Of the deal
ing in the commodity that is regarded"
The opinion then adds: "It Is almost need
less to add that we do not hold every pri-
vate enterprise which may be carried on
chiefly or in part by means of interstate
shipments is therefore to be regarded as
related to interstate commerce SO as to
come within the regulating power Of Con-
gress. Such enterprises may be of the same
nature as the manufacturing of refined
sugar-that is, the parties may be engaged
as manufacturers of commodity which
they thereafter intend at some time to sell
and possibly to sell in another State: but
such sales we have already held is an in
cident TO and not the direct result of the
manufacture and so is not a regulation of
or an illegal interference with interstate
commerce The principle is not affected by
anything herein decided
The decision draws a clear distinction be-
tween combinations a4ecting interstate
| commerce and those applying to one State
only. The opinion attracted very general
attention, because 1t is the first opinion or.
| the subject Of trusts which has been hand
ed down since the subject Of trusts has
come into great prominence
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
X. and l.. of II. secesstonists.

CHICAGO. Dec. 4.-Twenty-six lodges OF
the German-American Federation, the or
der recently formed by seeding members
of the Knights and Ladies' OF Honor were
granted charters yesterday by the G and
Lodge. The formal initiation OF these lodges
into the body will take place either on
Thursday or Friday night. IL was an
nounced that nine other lodges. members OF
the knights and Ladies of Hono1 had sig
nined their intention Of Joinip( The seces-
siOulstS
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05
OBITUARY.
John s. Woolson, Federal Judge of
Southern Iowa.

DEs MONIES. Ia, Dec. 4.-John s. Wool
son. federal judge of the Southern district
OF Iowa, died at his home this afternoon.
He was fifty-seven years old. In 1891 he
was appointed TO the Federal Distric, Bench
by President Harrison.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-05

WASHINGTON. Dec. 4-The United
State Supreme Court to-day in the case Of
the New England Railroad Company vs..
Conroy. held that conductor Of a freight
train could not be held to be vice prin-
cipal within any safe definition Of that re-
lation."
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23
METHODIST PREACHERS.
BISHOP WILSON INVITED T.
PREACH IN NORFOLK.

BISHOP WILSON INVITED TO
PREACH IN NORFOLK.
The weekly meeting of the Methodist
preachers yesterday was interesting.
President Edwards presided. and Rev.
Betty invoked the divine blessing. The
call of the churches elected the follow
ing reports:
The president appointed DIR. Johnson
and Revs. r.. II. Bennett and Baker a
committee to present TO the next meet
ing resolutions on the death of Rev.
r. N. Sledd, u. ID.
At the close of the weekly conference
n meeting of the preachers of Norfolk
District was held. DR.. johnson read
two letters from Rev. A. G. Brown, the
presiding elder. who expects to resume
work the latter part OF June and pre-
side over the District Conference at
Lambert's Point In July. DIR. Brown
has written Bishop Wilson requesting
him to visit the conference and remain
over to preach in two OF the largest
churches in Norfolk.
Dr. Brown has requested the follow
ing clerical and lay members OF the
District Conference to prepare resolu-
lions or brief papers on the subjects OPP
poSitc their names. embodying such
facts and suggestions as may. be deem
ed most important and OF the greatest
utility and of general interest.
Twentieth Century Collections-Rev.
w. j. Young.
Education. with special reference to
the College and Academies of the Ran
dolph Macon System-Rev. w. A. Ed
wards.
Missions. Foreign and Domestic
Rev X. ii. Bennett.
Sunday Schools-Mr. w. w. Vicar
Finances, with special reference to
the support OF the mnistry-Rev. r.
NJ. Chandler and Mr.. a. l.. IIellam.
Epworth Leagues-Rev. Samuel c.
Hatcher.
Church Literature, Colportage, ETC.
Rev Paul Bradley.
Spiritual State of the Church-Rev.
IL. Il. Johnson. ID. d.
Itevs. w. II. Edwards, w. T. Williams
and c. Il. Watts constitute the COM
mittee on Examination of Candidates
for. recommenda ton to the Annual Con-
ference for admission into the travel
Ing connection on trial, or for re-admis-
sion. or for deacons. or elders in the
local ministry. or for local preachers
license.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23
BRAKBLETON WARD.

Mr. w. b. Gregory. OF No. 4o7 East
Brambleton avenue. had n narrow es-
cape from death or serious injury yes
terday. He was engaged in painting
the steamer c. W. Petit at her wharf
when he lost his balance and fell down
the hatchway, n distance of about fif-
teen feet. He was picked up in an un-
conscious condition and carried to his
nome. where DR.. w. b. Meredith was
called in. He made a thorough exami-
nation or his injuries and found that no
bones were broken, but that his ribs
had been badly bruised. He was rest
ing quietly last night though suffering
considerable pain.
The Brambleton w. c. T. u. will meet
with Mrs. Howard, corner OF Highland
ana Reservoir avenues, at $3.50 O'clock
this afternoon.
The condition OF Mrs j. l.. Blasting
nam was considered extremely critical
at ., o'clock last night, and little or no
nope IS entertained for her recovery.
~ Basket" sociable will be given ar
me nome of Mrs. W. r. Mosely. No
fou 1SUrrn 1Sescrv0ir avenue. from 8 70
IL o'clock tonight. The proceeds win
ne for the benefit of Trinity NJ T.
Church.
The Epworth League of Trinity M T.
Church will meet at O'clock to-mor.
row night. HUI
Rev. DR.. j. p. Barrett was called -
Windsor, Va, yesterday by the critica1
illness OF his mother
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23
ATLANTIC CITY YARD.

The "ChiIdren's Day" exercises at
Lekies Memorial Methodist Church
Sunday morning will long be remem
Dered as one of the most memorable
occasions in the history of that church
and Sunday school. The building was
filled TO its utmost capacity with the
friends of the school. The Dulnit and
chancel were deliberately decorated with
plants and flowers, presenting a. scene
of beauty.
The order OF exercises were conduct
ed In a most skillful manner by Mr.
t. Odend'hal. who has had years of
experience in the conduct of this char
acter of exercises. The music by Prof
hruGers orchestra was a charming fea-
ttre and added largely to the success
OF the services. The singing was ex-
cellent and showed that the partici-
pants had been thoroughly trained
while the address of Master S. N.
Brickhouse and the Rotations by the
children of the infant class would have
rejected credit upon those older in
years.
Inc entertainment, entitled 1.-THE
Euliabys of All Nations" to be given
al the w. c. II. u. Hall tonight for
me benefit of LeKies Memorial Church.
promises to be one OF the most delight
luI entertainments that has ever taken
pIace In the ward. At the close Paint
ers pure cream, direct from the manu-
lacturers In Baltimore, will be served
at a nominal price.
owing to the indisposition of the sec
rctdr tnere was no meeting of the
Local foard OF Improvement last night.
IL VIII De held next Monday night.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23

Matte Virginia Bryan, the interest
ING z@-year-old daughter of Mir. and
Mrs, James Bryan. of Front street Al
iahtic city Ward. who was so terrihi,
burned at her home Saturday night
d.eu rom her injuries at o'clock Sun
IL o'clock yesterday morning from ths
residence of her aunt. Mrs. James l.,
belote, on Bank street, and was CON
Quoted by Rev. Father T. ]. Wilson nr
the Church of the Sacred Heart rha
ih'erment was In Elmwood cemetery
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23

appellees employees in charge Of the
train, and that the consequent injury
was due to his voluntary exposure OF
himself to evident peril. We find no
error. therefore. in the action of the
court in overrullng appellants motion
for Judgment on the special verdict,
and in rendering Judgment for appellee.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23
Tho Laughing pb,,o.opher.

A. w. Hawks. Of Baltimore .,rbo
laughing philosopher" delivered a lee
ture good sized audience at the Y.
NJ. Z. y. last night. Mr.. Hawks was In
PRODUCED by Secretary Meacham oftnr
which he entertained the audience for
an hour and quarter His lecture
teemed with wit, humor and pathos.
Prior to the lecture Mr.. Morton Eth
eridge sang a vocal solo.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-23
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for Virginian-Pilot.)
LINDSAY v. DARDEN.

Supreme Court of North Carolina
March rs, 1899.
AN ATTORNEY CLAIM AGAINST
AN ADMINISTRATOR ON HIS
PERSONAL CONTRACT FOR AS
SISTING HIM IN HIS DUTIES
CANNOT BE ENFORCED AGAINST
THE ESTATE.
The plaintiff sued the administrator
de bonis non of one Beaman for SER
vices rendered by him to the former
administrator OF Beaman, who had
died. Said administrator had contracted
with plaintiff as his attorney to aid
him in administering and settling the
estute of Beaman. The defendant claim
ed that this claim was not a charge
upon the estate in his hands The lower
court gave judgment for the plaintiff
and defendant appealed.
The court says:
1t is very we'll settled that If an ad-
ministrator employs counsel to assist
him in his administration, the contract
is personals and is not n debt against
the intcstate's estate. The administra-
tor must pay 1t. and If the disbursement
is proper. it will be allowed him in the
settlement of his account with-the cs-
tate. The court will allow such COM
missions, charges and expenses as it
may deem rcaSona bic and just, whether
it is equal to or less than the contract
price. Plaintiff does not seriously dis
pute this rule. but falls back on the
equity of his case. He contends that, in
nsmuch as the courts will allow the adj
ministratOr's voucher. the court ought
to GEORGE the payment out of the as
sets OF the estate. The failacy is that
1t Is not II debt of the estate. as no
debt of the estate can be created after
the death of the intestatc or testa.or.
The plaintiff emphasized the fact that
legal and equitable remedies are now
allowed i'll the same action. That Is
true, but the distinction between legal
and equitable principles is the same as
1t was before the constitution of 1873.
This fact seems frequently to be over
looked or misapprchendcd. We think
plaintiffs remedy is against the rep
resentative of the administrator with
whom he contrac ted. and not against
the estate of the defendant Reversed.