davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
Isl .cial to The Herald.O


Evanston, WyO., Feb. 17.-NOt since
the day when Jack Frost was killed in
Evanston two years ago for attempt
ing Jail delivery. has there been such
excitement and suspense as has existed
among the people here in the past
twenty-four hours. It was o'clock yes
terday afternoon that City Marshal
Smith appeared on the scene and frus-
trated bold and most daring break
for liberty IN which the participants
were two prisoners confined in the
county Jail charged with murder.
It was the regular hour TO give the
prisoners their evening meal and for
this purpose Deputy Sheriff sherwood
entered first accompanied by two men
VINO desired to see an imprisoned friend.
No sooner had the deputy entered the
corridor than he was confronted with
a six shooter in the hands of W. ".
Foley, a prisoner awaiting trial for the
killing Of Holden O'COnnOr at Dia-
mOnGviHe about six months ago. As
prearranged there came to FOley's as
SlStanCe a fellow prisoner in the person
of Charles Landers, also awaiting trial
for murder, his Offense being the killing
OF William Williams at the logging
camp Of Kendall last November.
sherwood was Invested of his revol-
yer and ammunition and commanded
to enter a cell, where he was locked up
and warned to keep quiet. When every
thing seemed bright for the prisoners,
Marshal Smith appeared suddenly on
the scene and frustrated their scheme
by quick and decisive action backed UP
by an abundance Of nerve.
Marshal Was Too Quick.
He, too. had no sooner reached the
corridor whsn he was commanded to
throw up his hands. Instead of COM
plying with the request, however, he
slammed the door in 'FOley's face and
for some minutes had his victims arm
pinioned beneath the door. BY degrees
he allowed Foley to extract his arm and
then braced himself against the stair
landing until assistance arrived.
Matters now looked precarious, for
outside the prison walls could be heard
the cry of Foley TN kill sherwood and
die game" This threat was repeated
several times, but the arrival of Sheriff
Ward on the scene soon had a soothing
effect on the Infatuated man. The pris-
Oners also secured the jail keys. which
gives them access to all parts of the
Jail
Sheriff Ward pleaded at length for
the release of IsherwOOd and at s
O'Clock he was granted his liberty. but
the two strangers still linger behind the
bars. Guards were Immediately placed
on duty and after consulting all night
and day with the barricaded men. no
amount of pleading has yet convinced
them that they should hand over their
fire arms. Escape is impossible how
ever and should break for liberty be
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18

Colonel Theodore Bruback, aide de
camp to Governor Wells, president of
the Sanpete Valley Railroad company,
and general promoter, is wanted by the
sheriff. A warrant for his arrest on
the charge of impeding and obstruct-
ing the due course of justice" in the
BenbroOk case was yesterday placed
in the hands Of Deputy Sheriff Sam
Dowse for service.
But Dowse could not locate the colo
mel. The best information he could get
was that the colonel was not in town.
He was told that his man would be
back in ten days. Where he had gone
CT why. Dowse did not learn. Other in
formation and seemingly from a better
source is to the effect that Colonel Bru-
back is in Butte and will be here at
1855 this morning.
Colonel BTUbaCk has been in Butte
since last Sunday" said his wife last
evening. He will return on the train
this morning. / have just come home
from the east and do not know what
business required his attention there. d"
Whether or not the gentleman is
making an effort to avoid testifying in
the BenbrOOk case or had heard that a
warrant was to be issued for him, is
OF course, not known. He is sUbpOe-
naed to appear on Monday morning as
a witness in the case and if he is not
on hand by that time he will be in con-
tempt Of cOurt, an offense which Judge
Hiles considers quite Teprehensible.
How Trouble Arose.
The col~nel's difficulties and troubles
arose out of his little business visit to
Albert Norris in back room Of the
Merchants cafe when Miss Mana Wit
beck and Miss Emma Mathiesen were
Unexpectedly present.
That was the evening on which Ben
brook shot Morris and the colonel had
left the rooms some time before the
tragedy. Most heroic and strenuous ef-
forts have been made for months to
keep his name out of the affair. all of
which have proved unsuccessful
Since then the young women disap-
peared. Attorney Brown. who wanted
them as witnesses, made q strong bluff
at the colonel He had him served with
a subpoena as a witness in the case. a
proposition was made to him to with
draw the subpoena of he would produce
the girls. Unfortunately they have re-
fused to be produced and they are now
touring the middle western cities on
money that Colonel Bruback loaned to
John Witbeck.
WitbeCk said some days ago that he
had deposited in a bank here money for
their return, but they had refused to
come.
Now Attorney Brown, who holds
trUmps in this game, has played his
biggest trump. He declares that he VIII
have the ladies back or send Colonel
BTuback to Jail. What will the poor
Continued on Page p
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
Enthusiasm at Cape Town.

mentioned officially. There is no news
Of Importance from elsewhere on the
scene of war.
Enthusiasm at Cape Town.
Dispatches from CapeTown announce
that enthusiastic demonstrations fol-
lowed the announcement of the relief Of
Kimberley. Government house was sur
rounded by huge crowds and the Brit
ish high commissioner and governor
of Cape Colony, Sir Alfred Miner, re-
ceived an ovation.
The house which Lord Roberts Occu-
pied on his arrival at Cape Town, was
similarly feted, there were parades
through the city, cheering for "BObs''
flying flags and hostile demonstrations
outside the offices of the newspapers
sympathetic to the Beers, and before
the residences of those supposed to be
in sympathy with the burghers. The
relief Of Kimberley was similarly cele-
brated in other town of Cape Colony.
General Roberts reports the British
casualties during the fighting at ia
cObsdal as follows: One killed, four
teen wounded, and three missing.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
THE HERALD BULLETIN.

PAGE ONE.
Pardons Given -Four.
Report on the Canal.
Jail is Held by Prisoners.
warrant For BrUback-
PAGE TWO.
President Cannon DsnOunces Utal
Lake Scheme.
PAGE THREE.
PaTdons Given Four.
Report on the Canal.
PAGE FOUR
Wheels Still Whir.
Again Goes Insane.
Primaries Tomorrow.
PAGE FIVE.
Health Report For go.
Business Is Better.
PAGE SIX.
Rich Strike in Blue Bell District.
Faith in Deep Greek.
PAGE SEVEN.
Financial and Commercial.
Report of Treasurer.
PAGE EIGHT.
Swan is Appointed
PAGE
How the Trusts
Berlin Cable lie
Colored Soldiers Jail.
PAGE 7.
Southern Utah R--ters.
Educational.
PAGE ELEVEN. @--
The Stage.
PAGE TWELVE.
Editorial.
PAGE THIRTEEN.
Society.
PAGE FIFTEEN.
Women's Clubs.
PAGE SIXTEEN.
Isle Of the Winds.
PAGE SEVENTEEN.
Blood and Death in Africa.
Shiploads Of Films Coming.
PAGE EIGHTEEN.
The Revenge of Murphy.
The HibeTnian Cop.
PAGE NINETEEN.
Youths Page.
PAGE TWENTY,
Smart Spring Hats.
Elsie Evans Stepmother.
The White Woman's Burden.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
FIGHTING In PROGRESS
ON The TUCELA AGAIN
Report That Butler Has ReCaptured VaaI Krantz
and Beers RetreatiDg Toward the Free State.
Futile Chase After General CrOnjeS Army-MakeS His ES
cape From Lord Roberts Forces

London. Feb. 1S.-The war office
made the usual statement at midnight
that it had no news, but at about the
same time came dispatches from Dur
ban, dated late Saturday evening,
/ giving reports Of the renewed fighting
on the Tugeia. where the censor
stopped all the kilograms.
! Arrivals at Durham from the TUgela
say that important operations are pro-
I crossing and that fighting has occurred
: daily since the commencement of the
week. In these engagements the Brit
! ish casualties have been comparatively
! light.
! According to these unconfirmed re-
ports, General Butler has TeOccupied
Vaal Krantz and the Beers had re-
treated IN the direction of the Free
State
In the meantime wounded officers
and men are arriving daily at Dur
ban and are placed aboard the four
hospital ships now there.
Dispatches from Zululand received
at Durham, say the country is quiet
ing down, thanks to the appearance
of a flying column. The Beers seem
nervous and uncertain and have
stayed their advance.
LOUE4L " q D4dN
A special dispatch from Birds river
reports a drawn fight between Bra
bant's horse and the Beers at Dor
drecht on February 16. The engage
ment lasted eight hours, until darkness
set in. The British loss was eight killed
and four wounded. The BOer casual
ties are unknown. The latter had
burned the grass around the position,
so that the British khaki uniforms
showed UP distinctly against the black
background. After the fight the dis
patch says, the British entered Dor
drecht but left later.
The following dispatch has been re-
ceived at he war Office from Lord
Roberts: "JacobsdaI, Feb. II, $50 a.
m.-GeneTal Kelly-Kenny'S brigade
captured yesterday seventy-eight wag-
ons laden With stores, two wagons Of
Mauser rifles, eight boxes Of shells,
ten barrels Of explosives and a large
quantity of stores, all belonging 10
/ CrOnjes lager, which is still being
shelled by our artillery when Kitchener
dispatched his messenger.
American Attache Missing.
Lloyd's weekly London newspaper
this morning publishes a dispatch from
MOdder river, under date of Friday,
Feb. Is, evening, saying that the
American and Austrian attaches are
reported to be missing. Another dis
patch dated at JacObsdaI the same
day, states that Captain Slocum and
the Austrian atatche are at that place"
A special dispatch from Sterkst-
rom, dated today, says the Beers with
artillery COMMENCED an attack early
this morning on MoltenO, near that
place occupied by trOps commanded
by General Gatacre.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
KRUGER SENDS OUT
MESSAGE OF CHEER

New York, Feb. ia dispatch which
President Kruger is said to have sent
to The Hague since the successful
movement Of General French for the
relief Of Kimberley. reached a former
official of Holland in this city today.
The message, which was apparently
sent with a view to quieting the ap-
pTehenSiOnS Of the friends Of the Beers,
reads:
NO uneasiness. General operations
west fully planned"
The recipient of this dispatch, who
conceals his identity from the public.
received and published a dispatch an
nouncing the defeat of the British at
Splon KOp twenty-foUr hours before
the news of that event was made
known through British sources.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
Cauebt la a snowslide.

Denver. Feb. IA special to the News
from SiIverton. Colo. says: At the Gold
King mine this afternoon. George Foster
Louis Avi and Antoni Tam were caught in
saved his life. Foster and Avi are now IN
the slide and the men from the Gold King
mina and mill are using every effort to
recover the bodies, but with no hope OF
saving them alive.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
JAIL IS HELD
BY PRISONERS
Stand Off Officers With Pts
tolls at Evanston, WyO.
ARE DETERMINED TO
HAVE THEIR LIBERTY
Blood May Be Shed In Retaking
the Prison.

Desperate Attempt of Two Accused
Murderers to Make Their Escape
Captured a Deputy Sheriff, But
Afterwards Released Him-Grant-
ed by the Sheriff Until This
Morning to Surrender-Two Out
siders are Held By the Bssieged.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
,BRUBACK
TO Be ARRESTED
Warrant Sworn Out For Him
BY County Attorney.
CHARGE THAT HE
HAS IMPEDED JUSTICE
Said to Have Spirited BenbrOOk
Witnesses Away.

Prosecutor Putnam Swears to a
Complaint Against the Railroad
President and Member of Governor
Wells Staff, Alleging That He
Sent Mana Witbeck and Emma
Mathieson Out Of the State to Pro
tect Himself.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
American Attache Missing.
LOOK FOR CAPTURE
OF GENERAL CRONJE

London Feb. IL With General
Cronje in full retreat and General
Kelly-Kenny harassing his rear, hopes
run high that a decisive action will
occur if it has not already been fought
The dispatches from JacobsdaI confirm
this belief, saying that General Cronje
has been obliged to "oUt span" in other
words, form a lager, or camp in order
to rest his oxen. This explains General
Kelly-Kenny's latest dispatch refer
ring to the Smelling Of the lager, which
also brought long expected word of
General KitCheneT's whereabouts.
That the general who 50 relentlesSly
pursued the khalifa TO his doom is su-
peTvising the pursuit of General Cron-
je. adds greatly to the confidence of
the nation SO eagerly waiting further
news. If General Tucker, with the
Seventh division is able to effect the
projected junction with the forces of
General Kelly-Keny. while the Ninth
division, under General COlville is hap
idly coming up from the rear, the hero
of KharUOum should have a sufficient
force to decisively engage General
CrOnje and prevent him from reaching
In the whole MOdder district there
is such tremendous military activity
that it is hard to realize the area COW
cred or grasp the full meaning of the
movements. The Beers, though re
treating from MagersfOntein are ac-
tive elsewhere.
Beers Making Trouble.
A special dispatch from Orange
river, dated Friday, February 16 says
they are attempting to cut the British
line Of communications at Grasspan.
but is it said they are not likely to effect
a serious result They are. however,
undoubtedly making a strenuous eff
fort to cut the British lines to De Aar.
On the other hand comes the news
that General Macdonald had again oc-
cupied Koodo0sberg.
What precautions Lord Roberts has
adopted against cOunter-attacks are
not yet known. but the war Office and
public are thoroughly convinced that
he is fully able to cope with all con-
tingencies and that if it is within
human possibility. he will inflict the
defeat on General Cronje that is so
much more important than the relief
of Kimberley, brilliant as was the lat
ter achievement.
While General Killey-Kenny's or
rather General Kitchener's dispatch
referred to the Boer rear guard as be-
ing General Cronje's, it is still doubtful
if that general is personally with it
and it is possible he may be employ
ing more than one line of retreat.
The reported capture of a large Brit
ish convoy by the Beers is still not
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18

GlNEu OAAAA LNAAAe-444H
Sheriff Ward has exercised keen fore
thought in dealing with the prisoners
and has granted them until tomorrow
morning in which TO state whether it
is their intention TO offer further re-
sistance. The men command the jail at
will and admit Sheriff Ward through
the first door only and that at the point
Of their revolvers.
The sheriff raps at the door, and the
query comes: who is there?" Beng an
sWered that it is the sheriff and alone,
he is admitted and as he enters locks
the door from the inside. In the mean
tine the prisoners are slowly moving
backwards. They stop only when they
have reached the corridor door which
affords them ample protection. They
now converse with the sheriff, whose
tact and good judgment has been near
~ exhausted.
Speculation is rife as to the manner
in which Foley came in possession Of
his revolver, but as his mistress at Dia-
mOndville called on him early in the
week, suspicion is naturally directed
to her. Everything possible 2 being
done to have the prisoners surrender
without bloodshed but as Foley is a
desperate character it may be necessary
to resort to strategic methods if they
persist Unfolding out any unreasonable
length Of time.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
WOflANS AWFUL REVENGE
ON A DRUNKEN HUSBAND

herself in the presence of a drunken
husband and Will probably die Of her
injuries. She took this method in order
to be revensed on her husband. whose
drinking she objected to.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18

St Louis. Feb 17.-Mrs. Julia Gamer,
wife Of foundry workman and mother
of five children, today poured oil over
her C;othing and deliberately set fire to
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
eiven until Tomorrow.

attempted they viii come in contact
with a volley from the guards who sur
round the prison door.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18

-*++@*t x - u g = * = xxx
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18

Continued on Page p
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18

Continued on Page >
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
AND LEAD

-s---- 5g.c per ounce.
S 7'.- 15iac pr pound. s,-,,.
Ia s. S. & R. 60 9, IS 5 Price s4-o'7s'
- Work brokers. SAB.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-18
But Beers Got Away.

There can be no doubt that Kim
berley is relieved and that the railway
will soon be reOpened. This is a sue
cess. but the more valuable result-the
destruction of a part of the Boer army
has not been secured. 1t cannot be
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-16
JUDGE GUTHRIE HURT.
Injured in Runaway But Will
Undoubtedly Recover.

Postmaster John Guthrie was thrown
from a carriage and seriously injured
at the Union Pacific depot in North
Topeka about 6 o'clock fast evening.
He struck on the pavement on his
head. conclusion of the brain result
ing. At first it was thought his skull
had been fractured, but today DR.. S. G.
Stewart, the attending physician, stated
that he had been unable to discover a
fracture.
When Judge Guthrie was picked up
he. was unconscious and remained in
that condition for some time after be-
ing taken to his home at Tenth and
Clay streets. This morning he is re
ported to be rational and while his
condition is serious, the attending ply
sician believes he will recover.
Judge Guthrie was returning from
the country when the accident oc-
Cured riding in a carriage with MI
and Mrs. H. C. Rising and their little
daughter A horse attached to a road
cart and driven by two small boys be-
came frightened at an approaching
Union Pacific train and plunged into
Judge Guthries carriage, overturning
it. All the occupants were thrown to
the pavement, but Judge Guthrie alone
was injured.
He fell backwards from the seat and
struck the pavement violently on his
head
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-16
M'KINLEY WOMEN.
j. Ellen Foster Has no Choice For
Vice President.

Philadelphia, June 16.-Mrs. J. Ellen
Foster has opened the headquarters OF
the National WOman'S Republican as
ISOLATION of which she is the president.
Two of her assistants are here and the
remainder of the fifty will arrive today.
Many handsomely gowned women have
visited the headquarters. They were
much interested and enthusiastic All
were for Mckinley but there was a
great difference of opinion as to who
should be vice president. Personally
have no choice" remarked Mrs. Foster.
I believe with Senator Hanna, and the
majority of the leaders that a man
should be selected who suits all of the
party, who would make an accepta BILE
president if necessary, and who can get
votes. Nearly all of the men mention
ed so far can do this
Mrs William s. Taylor, wife of the
ex-governor of Kentucky, has been
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-16
COTTONSEED ASSOCIATION.
Fourth Annual Convention Being
Held in Virginia

Norfolk, Va, June 16.-The fourth an
nual convention of the Interstate Cot
tonseed CrusherS' association was in
session at Old Point Comfort today At
the morning session many interesting
papers were read: Officers were elected
as follows: President, E. S. Ready,
Helena, Ark; vice president, A. L
Thirn, Atlanta; secretary treasurer,
Robert Gibbons, Dallas, Tex.
Governing committee in mart Ar
kansas, W. H. Wright. Pine Bluff; A. D.
Allen, Little Rock: South Texas, Henry
Oliver, Houston; D. H. Caswell, Austin.
North Texas, J. w Allison, Ennis;
Thomas P. Sullivan, Jefferson.
Indian Territory, Mr.. Bushnell, Mus
cogee.
Oklahoma. J. NJ. Elliott Pawnee.
Missouri. William and James David
son, Kansas City.
Executive committee, E. A Thornton.
Atlanta; r. Gibson, J. w Allison,
Ennis, Tex: L. w. Haskell, Savannah.
The association meets tomorrow
morning to decide the place of the next
meeting.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-16
COURT OF APPEALS.
List Of Decisions Handed Down at
Fort Scott Session.


Fort Scott, Kan, June 1.-THE kan
-sas court of appeals. southern depart
ment has handed down the following
opinions in this city:
Jeffrey Beaver VS.. American Trust
Co. error from Elk county, dismissed.
]. H Ellis, justice of the peace, VS..
Frank Whitaker ct al, Cherokee coun-
Fly. certified to supreme court.
Jesse Johnson VS.. Citizens National
Bank of Fort Scott, Bourbon county,
dismissed.
Julia Patterson VS. Clara Patterson,
Elk county, dismissed.
Delos johnson VS.. Big Greek township,
iNeosho county, affirmed.
The township of OsWego VS.. Samuel
M Woodruff ct al, Labette county, af-
hrmed.
Samuel Trimble VS.. M. K & T. Ry.
Co.. Allen county, dismissed
Cherokee & Pittsburg Coal and Min
Ding Co VS.. John Dickson, Cherokee
county, affirmed.
Mary S. Gibson VS.. Lewis A. Steb-
bins, Labette county, petition for re-
hearing denied.
st. L. & S. F. Ry. Co., VS.. Geo. w.
Brown, Cherokee county, reversed.
Union Casualty &, Surety Co of St.
Louis VS. Nettie Bailey, Labette coun-
~, reversed.
Jackson Cunningham ct al VS.. K s.
Smith, Elk county. affirmed.
VIM GanO ct al VS.. Lorenzo A. Mar
tin, Miami county, affirmed
The Fidelity & Casualty Co. VS.
Joseph .. Thayer, Labette county. mo-
ton to dismiss OVerruled.
VIM, Smith VS.. L. w. Wallace, Wood
son county, affirmed.
NJ. K. & T. Co. VS. Ira Steinberger
Neosho county, dismissed.
Kate ]. Hatcher VS.. L. W. Myers
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-16

etc, Montgomery county, affirmed.
William Smith VS.. L. W. Wallace ct
al, Woodson county, affirmed.
CENTRAL DIVISION.
The State of Kansas vs. Henry Arm
stein, Butler county, petition for rehear-
ing denied.
G. F. Lackey VS.. Mary D Wilson, Re
no county, motion to dismiss overruled.
Western Union Telegraph company
VS.. Getto- McClung Boot and Shoe com
pany, Sedgwick county, affirmed
]. B. Nipp VS.. Fred Bower, Cowley
county, affirmed.
J. r. Harris vs. Allen Bell petition
for rehearing denied.
Margaret e. Rees vs.. NJ. H. Higgins
Butler county, reversed.
Fleming VS.. Ayerst Co, of Chicago
VS.. J. E. Evans ct al, partners, Lyon
| county, reversed.
NJ. NJ. Scott and E. F. Bliss VS.. NJ. A
! Brown, Cowley county, dismissed.
WESTERN DIVISION.
| Phoenix insurance company vs.. Mar
ion Smith, Marion county, affirmed.
| A l. Davis VS.. J. H. Burr, Seward
county, writ of mandamus granted. 20
Vim. Sculy VS.. Robt. Smith, petition
! for rehearing denied.
5 +. Soden VS.. L. w. Roth, Igor
! county, affirmed
J. G. Hutchinson vs. Francis Yahn
] Lyon county, reversed.
w. H Mackey, ]. E. Clemens VS.. w
! II. Wyckoff, Lyon county, affirmed.
RldenOur-B baker Grocer company VS.
Maud Perkins, Lyon county, affirmed
John O'Laughlin vs.. Sallie H Carr
petition for rehearing denied.
Aultman Taylor & Co. VS.. Tudor VS.
Donnell. petition denied.
Hattie M. Osborn ct al VS.. A Russell
etc, writ of mandamus denied.
Receiver Of Bank of Santa Fe VS.
County Treasurer of Morton county, per
emptOry writ awarded.
The Phoenix Insurance Co. of Brook
lyn, N. Y, VS. Marion Smith, Marion
county, affirmed.