davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
The DEATH OF
FRANK lee.
New Trial Of Suit for Damages
Denied by The Court.
LACK OF PROPER TESTIMONY.
Nothing 10 Show How the Accident, Which
Caused Lees Death, Occurred.
MANY POINTS LEFT TO CONJECTURE.
No One Witnessed The Fatality AMI The vcim
heysr Rsganed Consciousness After feng
Found b. His Fellow Eorkmen.
Nothing 10 Show How the Accident, Which
Caused Lees Death, Occurred.
MANY POINTS LEFT TO CONJECTURE.

A new trial has been denied by the
appellate court in the case OF James
Lee, administrator. VS.. Reliance Mills
company. The suit was brought to re-
cover damages for the death of Frank
Lee, who was employed by the de-
fendant TO tend and run certain grind
ing machines used for grinding grain.
lie had been so employed for FIVE
years ON October 4, 1897, just as the
mill was starting up and Lee was at
work at his usual place "A fellow em-
ploye heard a belt break and he found
Lee in an unconscious condition with
his head ana left hand on, or in the
pulley. which was still moving. and his
right hand IN the hopper. There was
blood on his face. and his left hand
was bruised, twisted and bleeding. He
never recovered consciousness and died
the same day at the Rhode Island hos
pital. No one witnessed the accident or
undertakes 10 tell how IL happened and
no proof was offered as to the extent or
his Injuries or as TO the cause OF his
death. except as aforesaid, but IL was
agreed by counsel that the injuries re-
ceived at this time were the cause of
death.
NoN-SUIT GRANTED.
In the common pleas division a non
suit was granted when the plaintiff
put in his case on the ground OF lack
OF proof as 10 the cause of the injury
and death OF the deceased, and also,
for hack OF proof OF due care on the
part OF deceased.
Judge Tillinghast, who writes the
opinion of the court, goes over the tes-
timOny in the case pretty thoroughly.
He comments ON the great lack of teg-
tlmony i'm regard 20 the way the acci-
dent happened and points out how the
theories of the plaintiff in regard TO
uhe negligence of the defendant in
failing TO have the belt that broke
Continued on page Four)
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
IMPROPERLY JOINED.
Defendants Demurrer In rhenix
Foundry Case Sustained.
No Common Cause Of Action against Lock-
wood and Other Defendant

The appellate court has sustained the
defendants demurrer to the plaintiffs
declaration in the case Of Phensx Iron
Foundry VS.. Lawrence A. Lockwood ct
al. In the first count of the declara
tion the plaintiff declared against the
defendant Lockwood for goods sold.
The second count alleges that the de-
fendant electrical works, in consldera-
tidon of the transfer of property TO it
by Lockwood assumed the payment of
this debt and became liable for ii to
the pla.nItifI. Ine defendants demurred
10 the declaration upon the ground,
among others. that Ii sets forth separ-
ate and distinct causes OF action
against the several defendants
The plaintiff claimed the right TO join
the two matters under general laws,
chapter 233. sections 20-23. which pro-
Vides, I'm substance, that, when a plain
tiff is in doubt as TO the person from
whom he is entitled To recover. he
may join two or more defendants with
a view Of ascertaining which is liable;
and that no acton shall be defeated by
the nOn-Joinder or misjOinder of par
ties.
Judge stiness. who writes the opinion
OF court calls attention 20 the fact that
English judicature act of 1874 and cites
a number OF authoritative English deci-
si0ns Co show that under - English
act separate causes ~ action can be
maintained under It.
His honor also says: "Our opinion
OF the intent of our statute exactly ac-
cords with the construction that we
find has been given 10 the present rule
In England. We d. not think IL was
Intended 10 wipe out all rules OF com
mon law pleading and 10 try several
cases in one \ plaintiff
may b. in doubt as %
the parties liable on cause ~ ac-
ton. and 80 may bring IN All whom he
may have reason % think he can hold.
But that Is n very q nferent thing from
Joining two defendants on separate
causes " action because he Is In doubt
whether he can maintain one. and
he does not then 60 have an action
over against the other. Such. EVIDENT
iy. his been tho construction or 80
hnr for in the - years since this
Stature was adopted we are not aware
that 81 case like ia has aeisen baflre
40 is due fo ghe c8ndor " The plaintiws
counsel to say that no frankly adrlifs
The logic ~ such construction 81 he
rule and that he rests his claim n1sn
the broad ianguar ~ the et1tr
which appears to include rho cose
which hc presents"
I'm the present cnre there is held -
he M common cause ~ action against .
Lockwood and the other defendant.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Siege Of MafeklHg.

Regarding the military conditions the
critics Of the afternoon newspapers ex-
press the keenest satisfaction at the
phase Of the campaign, as revealed by
that the siege of Mafeking may be
more severe by the arrival of portion
Of the Boer rorce driven off from
Kimberley.
Arundel dispatches dated Tuesday 90
show that the Beers. in force. made a
determined attempt to invest Arundel,
but were baffied by the smart maneu-
Rhodes is expected TO arrive in Cape
Town February "a
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
CALOERoNE BEFORE COURT ON
AC CHARGE OF CONTEMPT.

Fernando Calderone was before the
appellate court today on a charge =
contempt In failing to comply with an
order e. pay his wife Louise Calder
ose. who is seeking "a divorce, - a
week Tor tine support Of his children.
CBidorane is a shoemaker ana has
brothers VINO ave Wei to do.
Hc told the cuulI he had made but
So since last Novembar was taking
cate uf one uf his children ana that be
had been sick for lOng time. ON
-eN1minal h- admitted he for-
msfly owned two Ehoe shops bat SAID
% brother now owned them.
The C0uri gave Clidcroue month In
which tU try and fet more profitable
work ana Co comply vs. th the order
Thomas v. " 80 was couusa a fDr Mrs
Caldgronc and r.. H. Daagct counsel
lor Mr. Csldcrone.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
FOUNDER BRADLEY WILLING TO
SELL HIS ASBURY PARK BEACH.

New York, Feb. 21.-Founder James
NJ. Bradley has made a proposition 20
sell 60 Asbury park his magnificent
beach front and world-famed board
walk The price set is S1j00O0 The
proposition also includes the city sewer
system.
'fhat Senator Bradley should be will
front. covered as it is with paviHons.
ba th houses. long piers nnd power
houses. as well as his sewer system FOR
80 paltry n sum has Uccurioned no lt-
tie comment. IL is well known that Mr..
Bradley over year ago refused an Of
Ter by an individual of twice the sum
now asked
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
DEMURRER SUSTAINED.
Union Railroad Company's Plea Of
Justification 0verruled.
Wright Is Suing The Company for Alleged
Assault and Battery.

The plaintiffs demurrer to the de-
fendants plea of justification in the
case Of William s. Wright. p. A. VS..
Union Railroad company. is sustained
in an opinion handed down by the ap-
pellate court today. Wright sued for
assault and battery, alleging that the
defendants servant kicked and struck
him many violent blows, and also,
threw him from a great height, from
the platform OF an electric car, with
great force and violence to the ground,
while the car was moving at a high
rate OF speed. whereby he was greatly
bruised The defendant pleaued in JUS
tification that the plaintiff was a tres
passer. stealing a ride on the car, and
that he was elected by the use OF only
necessary force.
Judge Stiness writes the opinion and
says: "A plea in justification is one OF
confession and avoidance. IL must
meet and justify the cause of action
stated i'm the declaration. 1t is not
enough TO Justify only In part. The
defendant claims that i'm justifying
the assault simply, he has done all that
he is bound to do. because the other al
legations are only matters OF aggrava-
tion. We do not think this is so.
When declaration alleges acts of such
II NudIdtlti as ~ So DtyOIlu SlllDIe as
saults they are not to be regarded
merely as matters of aggravation, but
substantive charges of violence in con-
nectlon with the assaults.
"1n this case the assault charged is
not simply In striking. etc. as in an
ordinary assault, but also I'm throwing
the plaintiff 90 tho ground from a swift
~ moving car. We think that the de-
fendant TO Justify such a charge. should
set forth circumstances which would
show that an unusual act OF this kind
was reasonably necessary"
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
RECIPROCITY
WITH FRANCE.
Senate Committee Agrees TO
Report Treaty FavOTabIy.
NO AMENDMENT WAS MADE.
No Opposition Manifested on the Part Of
Any &emheT Of Committee.
PROVISIONS DISCUSSED AT LENGTH.
This Vas Only for Purpose oil Becoming familiar
With Them Under Il 669 Anicl,s VIII Go
Admitted 10 Irarce al Minimum Rats.
No Opposition Manifested on The Part Of
Any MemheT Of Committee.
PROVISIONS DISCUSSED AT LENGTH.

Washington Feb. 21.--rhe senate
committee on foreign relations today
ordered favorable report on the treaty
of reciprocity with France. No amend
ment was made to The treaty.
The committee did not take up the
-Pauncefote treaty relating 70 the
Nicaragua canal.
No opposition was manifested on the
part OF any member OF the committee
and the report I'm it's favor will De
unanimous. The members of the COM
mittee discussed the provisions at some
length, but only for the purpose OF
becoming familiar with them.
The fact was emphasized that il the
treaty should be ratified 500 articles OF
American origin would be admitted 10
France at the minimum rate and only
10 subjected to the present rate.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Beers Reuori Successes.

Pretoria, Tuesday, Feb. 20.-Oficial
reports have been received as follows:
Commandant Steyn says that Satur-
day, February II. and Sunday, Febru-
airy is, near Koodoosrand, he fought
the British. who tried TO encompass
Gen. Cronje's laager. and drove them
OF. They fought until late Sunday
evening. The Beers had one man
killed and one wounded, and captured
booty and p horses and mules.
Gen. Dewitt says that on Sunday af-
ternoon he arrived between Paarde-
berg and Koodoosrand in which direc-
tion there has been heavy firing since
morning. He stormed several kopjes.
which the British vacated leaving
their dead and wounded and 40 prison.
ers in the hands Of the Beers, who
captured the kopies. The Boer loss
was two men killed and four wounded.
Continued on page Two)
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
SETTLE OUT or COURT.

The suit OF Frank Ennis vs. John Nc
PhersOn which was on the docket OF
the common pleas division OF the SUI
preme court today for trial was set
tied out OF court. II was a suit TO re-
cover damages for statements alleged
TO have been made by the defendant
against the plaintiff. Mr.. Mcpherson
has signed a statement IN which he
denies having made any statements
rejecting on MIR. Ennis and knows
nothing whatever against the character
OF Mr.. Eu0g
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
MEETING OF CHARLTON COMPANY
IS INDEFINITELY POSTPONED.

The meeting OF the stockholders OF
the Charlton Manufacturing Company,
to be held this morning at Pawtucket
10 determine the future of the COM
pany. has been indefinitely postponed.
The loss incurred by Mondays FIRE.
which wei nigh destroyed the main
plant has not as yet been adjusted and
Il may be a number OF days before this
Is done. Meantime the company will
continue To operate branch works at
the old Hope thread mill on Division
cf rpsf
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Berlin Story Says Crone is in Bad Position Buffers Fifth
Division Crosses Iugela and Drives Beers Before It.

the public through the mayor of Wind
sor just as yesterday. she dramatically
announced, through Lord William Ce-
ell commander OF the militia corps the
tidings of General Buffers success,
hours before the war office was able to
relieve the impatient anxiety Of the
United Kingdom. Nevertheless as the
queens words are not actually quoted
I'm today's announcement official con-
firmation Is eagerly awaited. especially
as General Buffers dispatch or yester-
day is very generally regarded as fore
shadowing a juncture OF his and Cen
eral Whites forces some time today.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

hour previous to the arrival Of the yeo-
men. In few moments all traffic was
almost blocked by the crowds and ii
large body Of police gathered at the
spot But whts! IL was learned that no
bulletin had been issued the crowds
dispersed.
Further details OF the attack made
by Col. Plumers forces on the Boer
position defended by a 12-pounder near
Crocodile Pools, not far from Gabsr-
ones, show that as the British were
struggling up the hill in the dark
through a net OF barbed wire they
alarmed the Boer watch dogs. The
Beers opened fire and the British
charged, but the Beers exploded dyna-
mite mines. doing much damage. and
the British retreated.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
AN INFANT CANNOT SUE
FOR PRENATAL INJURIES.

A demurrer 20 the suit was today
sustained by the supreme court on the
ground that at the time Of the accident
the child could not be considered a
separate being.
said the court. 1T follows that the
child may maintain action against it's
own mother for prenatal injuries"
Justice BOggs Gissented and held that
the child was a separate being. THE
best evidence Of 70. ne said. lis In the
fact that the child was born alive after
injuries 20 its mother
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Kitchener and Crcnja.

The accomplishment of the latter
event. however. Is regarded with
greater confidence than is the ability OF
Gen. Kitchener To thoroughly cripple
Gen. Cronje. for the Boer general has
proved himself so clever and daring in
slipping through the British lines. that,
even il Lord Roberts quickly occupies
Bloemfontein. there are many fears ex-
pressed that Gen. Cronje might still
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

Chicago, Feb. 21.-Thomas Edwin AL
laire. an infant, sued st. Luke's hospi-
tai for injuries sustained previous TO
his birth Ada Allaire the mother.
friend.
Mrs. Allaire was being transferred
from one floor OF the hospital 10 an
other when her left leg was crushed in
an elevator. She settled with the hos
pital authorities for her injuries. When
the child was born the infants left leg
and side were found paralyzed and de-
formed.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

London. Feb. 21.-At meeting OF the
town council of Windsor this morning
IL was announced that news had
reached Windsor Castle that Lady
smith had been relieved. The announce
ment was received with immense en-
thusiasm, and shouts OF Brave Bull
ler."
The rumor OF the relief OF Ladysmith
has also been current on the Berlin and
London bourses. Though IL is quite
possible the report is true, there is no
news corroboratiYe of the rumor.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
tARTfkS VINEYARD hgO NANTUCKET
STEAMBOATS,

In consequence OF dredging operations
I'm Woods Hole channel hv the United
states government the tr ps or the
New Ecdfofd. Martha's Vineyard aud
Nantucket steamers between Woods
Eoie and New Bedford VIII not be por-
formed with any regularity until fur
thcr notice. Connection for Martha s.
Vineyard and Nanfu.kct Will be made
via Woods Hole only.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Public Egptctani.

Public interest. expectation and anx-
iety. therefore. sway increasingly and
impatiently between Ladysmith and
Bloemfontein The practical relief OF
the former place is regarded as due
more to Field Marshal Roberts bril-
liant strategy in drawing off the Beers
than to Gen. Buffers numerous as
saults, and news Of the result OF the
battle between Gen Kitchener and Gen.
Cronje, reinforced by the forces thus
drawn off Ladysmith, is expected TO
almost synchronize with the announce
ment that Gen. Buher has reached his
pb{aqfiyn
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Hssf0 ON DEMURRER.

The case Of Antonio Martello VS.. Mi
chcle FusCo was heard by Chief JUS.
tice Matteson and Justices Stiness and
Tillinghast on the defendants demur-
rcr today. The plaintiff sues To- recover
damages for the death of his eight
year-old son Luigi Martello who was
killed while carrying bricks for the de-
fcndant. A horse attached 90 "A cart in
which the bricks were started and
Luig was crushed beneath the wheels
OF the wagon.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
NOTICE To PASSENGERS.

Beginning Monday. February 5. 1900.
the train leaving stonlngton Wharf
for Providence at 4:55 a. m. will stop
at Apponaug 6:05 a. M. Hills Grove
6:0s a. m, Lincoln Park 6:O9 a. m, and
Auburn 6:12 a. m
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
WILL SEARCH FOR THE
MISSING OAKLAND

The revenue cutter Gresham. Lieut..
Scott. passed out to sea from New
York today. She will search for the
lost barge Oakland, having on board
four men, which broke away from the
tug Nathan Hale on Sunday off Abse-
com, n. j., during a gale and disap-
peared. while on her way from Norfolk
TO this port with a cargo OF soft coal
for the Pomroy Coal company.
The crew of the barge was as fol-
lows: Captain, A. b. Crooker. 40, Bos-
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
WOMEN DISCUSSED The
SOUTH AFRICAN WAR.

between Great Britain and the states
OF South Africa is a scandal TO Chris
tendon and a setback 10 civilization
which II Is the duty Of Christians and
well-w shers of the English speaking
nations TO endeavor 60 stop
The resolutions ask for THE media
tlon OF some friendly neutral power
I'm accordance with the principles Of
The nague conference" They We're
adopted.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
NOTICE TO PASSENGERS.

Beginning Monday. February 8. 1900.
te train leaving Hope FOR Providence
al $3.50 a. m. will stop at Elmwood 6:eI
a. m. Cranston street e:25 a In. OIL
NEVILLE 6:2s a. m. and Atwell's Ave-
nue. e.21 a. IN
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

New York, Feb. 2l.-The fashionable
society of Political Study. composed
Of women, yesterday held "a meeting at
which the Transvaal war was discuss
cd pro and con. Miss Phillips presented
the English side OF the argument and
Mrs. Fannie II. Gaffney. the president,
presented the Beers cause. Mrs Lille
Devereaux Blake presented resolutions
which set forth that the present war
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Beers Driven Back.

The war office has received the fol-
lowing from General Butler:
"Chieveley Camp, Feb. 21.-The
Fifth division crossed the Tugela to-
day by pontoon. and drove back the
enemys rear guard, our naval 12-
pounderl silencing all OF the enemy's
-
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
No Confirmation.

The war office declares Il is unable
TO substantiate the reports OF he re-
lief OF Ladysmith. But this does not
prevent the public from believing the
queen has again forestalled the author
tiles at Pail Mail and preferred to
communicate the good news direct 10
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

ton; Geek, w. H. Watson, 3s, Norfolk;
engineer, Gear Ignacio Ferio. 25,
Brava, Cape de Verde Islands; S. Il.
Hopkins. 20, Maine.
Capt. Croker was in the employ Of
the Boston Towboat company for sew
eral years before his barge was sold 20
the Pomroy Coat company. His home
The engineer Ferio made his home.
when ashore, at go Wickenden street,
this city. The other two men were NOT
known here.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
ToRfecO GOAT CRAVEN SAILS

Bath, Me, Feb, 2i.-The United
states torpedo boat Craven left at 10
O'Clock this morning for run at sea.
III the weather conditions were found
TO be favorable. she was TO go TO Ports
mouth, n. H. Vice President John S.
Hyde, representing the Bath Iron
Works Naval Constructor Floyd Bank
son and Chief -A.n9iaaar NasEaaH u u. s. S
~, were on board.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
AN ARMY WAR COLLEGE TO BE
ESTABLISHED BY GOVERNMENT.

New York. Feb. 21.-Concernlng the
army war college contemplated by the
FEDERAL government with "a view OF
promoting the efficiency OF the shore
forces. the Washington correspondent
of the Tribune says that % will almost
certainly be- located at Governors ISL
and. although the feasibility Of F~t
Myor Virginia. ana Fort Adams Rhode
Island. VIII De- considered. The sessions
viii probably be limited 90 june. July.
August and september of each year
it is the intention Geo have the first
session OF The college boo the coming
GUNNER. although So many officers are
now iu the Philippines that the lpct-
ures VIII not be numerous nor the
classes large until tho following year.
Hsnou., Photo, Wood Engraving
Printing. best work low prices. The j. J.
llVu.r 10 A. Washtnuton fofnpr IIFv
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
Cronje In Bad Position.

A private telegram received here
from Berlin this afternoon declares
that General Cronje is in a bad posi-
ton, bearing out yesterdays Berlin
rumor Aat General Cronje was sur
rounded and that a time limit had
been given him within which TO cap
itulate
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21
10 cuRf A coto IN oat oat

Take Laxative Bromo Qunine Tablets.
All druggists refund tho money IL 10
fails 20 cure j. w. Groves Signature
10 on each box. 25c.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

preserve the effectiveness Of his mobile
force. The war office this afternoon an
nounced that 1t had no news from
other sources
The Providence news. (Providence [R.I.]) 1891-1906, 1900-02-21

va foTss Fhotot Wcoo tngrsNinT
Printing. best work low prices. The 3. y.
Ryder Co, a. Washington, corner Eddy.
Wiarus. (Winona, Minn.) 1895-1919, 1900-05-24
Newina, kt6ra wielu u
ciesZY.

szczesliwi mog4 byt tn ma ziem
tylko ludzie zdrowi ulomni za6 ma
ciele ME 'moga W calej pelnl sdczuwa<
rozkoszy tego &wiata. .=,..
Do tel nleszc.eSiiwej klasy nalea.
cierpr4cy. ma jake sekretn9 cborobs
riciows; ci zwykle ME zdolni 81 do
adnej c:ezsze j piracy ami umyslowej,
ami cielesnej Ale po3a}owauia gedni
50 tel ci kt6rzy przez z}e 'odzywisnie
SIG ciezka prace klopoty lnb wskutek
zarazenla sig cd innych cierpieh sig
nabawili.
Takim ludziom dokucza zwyklc
krom cher6b s~pecyalnych blcie serca.
boil glowy oslab;enie katar czyli sapka,
w1elka chorobs boleSci merck kotki<
reumatyzm kr6tki oddech q sk6ra
obsypana krostami i'ranami.
Ola takich chorych jed
max lest pomoc. W m1e6cie
nassem, ~wynalezl' doktofzy lekar~
stwo, ktorem podobne choroby
~zupefnie wyleozone by6 mogs, ! to
" kr6tkim czas:e 1 bez wielkich
'koszt6w.
Ma zyczenie poSlemy naszym roda~
ken zupeknie bezp}atnie lyle lekarstwa,
lie starczy ma jeden tydzieh.
Wszyscy k,6rzy prsgna w~yleczenia
moga sic zg}osic listownie Tub osobiscie
do:
State Medical Dispensary.
rs E. Madison Str Chicago Ill.