davidaulloa/AmericanStories huggingface dataset:
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
WAR WAS CONDEMNED.
Sensational Speech on the Trans
wal War Made in the Senate by
Mr.. Hale, of Maine.


Washington, Jan. 20.LA speech,
sensational in is interest and inter-
national Id its Importance, was -deliv-
cred in theFsenate by Mr.. Hale rep,
Mall The occasion Of the utterance
was the simple question whether a
nesel@tip.s introduced by Mr.. Allen
pop, Neb.) calling for information
as the recognition by thiszeeuntry of
diplomatic Representation of the
Transvaal republic should be directed
to the president or TO the Secretary
OF state. Mr.. Hale made the question
the text of an imPassionate speech
in which he declared that nine-tenths
of the American people sympathized
with the Beers in their gallant strug-
gle for liberty against one of the
greatest powers in the world.
He declared that The war which
Great Britain is waging is the most
fell blow at human liberty that has
been struck in the century, He de-
MED that the American people were
In sympathy with Great Britain in
the South African war to stamp out
the liberty of people" and when.
Mr.. Balfour, in the house of commons.
made such a statement, He should
be met with some disclaimer from
this side of the Atlantic" He de-
clared that the English people them
selves We're. not in favor of the war
which had been brought on by Il
sharp cabinet minister engaged with
gold SPECTATORS" 49,
Mr.. Hale spoke with unusual force,
decisiveness and earnestness, even for
bin, and his passionate eloquence
claimed the closest attention of every
auditor.
The resolution which previous to
Mr.. Hale's speech had caused u sharp
eOlloquy between Mr.. Allen and Mr..
SpOoner rep. Wis.,, was passed final
" as amended. ~
Mr.. Morgan (dem.. Ala.). addressed
the senate briefly on the financial bill.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

s.. Petersburg, Jan. 1o.-The Rus
sian ironclad Poltava, of 1O,96O tons,
As dangerously ashore near Libau, on
the Baltic. The Poltava was built at
ST. Petersburg in1s94. She is 367 feet
6 inches long and 50 feet wide, and
has a depth OF 26 feet. Her indicated
horsepower is 1855. Her armament
consists of four l2-inch guns. u 30
inc quick-fire guns, and 81 smaller
guns. She also has six torpedo tubes,
The cost of her construction was So
100000.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
HE USED AN AK.
Martin Bergen. Catcher for the Bos-
tons Last Season, Killed His
itzt .rs Family and Himself.

North Broomfeid, Mass, Jan. 90
Martin Bergen the catcher of the
Boston baseball team of the national
league, Killed his wife and two chill
dren, and committed suicide at his
home here Friday. an ax was the iIh-
RlemeRt used in taking the life of Mrs.
Bergen and one of the children, while
razor was employed to cut the
throat of the other child, little girl,
and of the man himself.
1t is thought the action was due to
Insanity. 1t has long been suspected
that Bergen was a victim OF mental
arrangement. in fact, some of his
notions IN connection with his base
ball Elanagers last season led TO. the
sapPosition at that time. eIt
The affair was discovered by the
neighbors, who found the body of
Bergen and the girl lying on the
kitcheno floor Further, investigation
showed that. Mrs. Bergen and the lit
tie boy also had been killed. Their
bodies lay upon bed in the chamber.
Bergen was % years old an
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Havana, dan. l9.-Senor Lannza,
who was secretary Of justice in the
advisory cabinet of Gen. Brooke. said:
Three American and three Cuban
lawyers, acting as a commission,
cou-l- reform certain abuses in Gu
Dan laws without inJuring the gen
eral consistency Of the. system, and
The whole country would gain by
such 2 reformation. This work of re-
form IS only a question OF time, as
the abtises must be swept away
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
MINERS WILL STRIKE.
II q no n ~ q - ~ z
Forty Thousand Men in the Anthra-
cite Region Want Better Wages.
They Have No Hope for n Conferences
With the Operators Because the
Latter Refuse TO Recognize
Them or Their Demands.

EEE LH Afsl th
indianapolis, Ind JAM 19.-NeHs
has reached here that about 10000
miners in the anthracite district OF
Pennsylvania, near Scranton and
Shamolin, who have been in a rest
less state for some times have decid-
ed 10 strike Delegate ID. Hays,
OF the Ninth district, with headquar-
tiers at Scranton, Pa, saxs-a-strille
is unavoidable as the men have been
FESTIVE FOR some. time and entertain a
bit-er- feeling toward the operators
who have @ declined fto- rrecogHize,
then. They have nothing to ex-
- Deet- 3Hofa-tliis- conventional
as none OF the operators from that
field VIZ re present taezioint CON
ference be held here neat week.
Miles Dau8hertgs. president OF the
First district, (Which adjoins the
Ninth. saSsZthat =fhe miners in the
First fgiu Follow those ia the Ninth.
WHICH means The calling out of all Of
tLsslngn- in the antlaeaeite district in.
Rennsy lfania. It's said here as none-
- the Iaiile operators Of the anthra-
have ever Iftent.et~ a conference With
The United Mine workers OF Ameri-
O.. there is no just reason TO be given
The men to- hole OF any longer
l1fTh.s ftroable has been brewing for
Z long time" said Mr.. HAYS, land 1
have Been doing my best To- avoid..a
-sfpi l.e- rTt'oT weeks and months the
men have been c1amorin4 for vigor-
GUS action toward HenforciHg a-de-
mand for higher wages. 1 haye been
holding them o1E and when 1 left for
the convention there had-b been re-
peated conferences and full determi-
nation TO strike had been arrived at.
I asked the men. TO hold off till after
tie eos4AieRtioa bat my adyices Of a
private nature lead me TO believe the
men VIII vait no longer but will 60
cut this week unless their demands
are met. About 10000 men viii be
affected"
-T VEr.T ---1--7 -----==-=--r q ~ ~
FOR INDEPENDENCE.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Bristol Tenn, Jan. 2O.-The request
of Jplia Morrison, slayer OF actor
Frank Leiden, for a date to lecture in
Bristol has been turned down by the
manager of the Harmeling opera
house ut would be disgrace said
Manager Cannon, ''to countenance
such 4 thing"
The woman continues to meet with
poor encouragement in her lecture
venture.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Great precautions have. been obsery-
ed in Japan to prevent her plans Of
preparation from becoming public.
The government of the United States
has been officially advised by her own
agents in2Japan of the preparations,
but such matters are not given out
when received Is Ha2 l..H @
Ihc situation in Japan described in
letters received through official chan
nels is5one of hasty[ appropriation. The
Japanese feet was being modified, all
leaves to. Japanese soldiers denied ana
they are kept at their posts. while
call for Volunteers was said to Ire
Iinninept. -7The difficulty grows ont
of the contest between Russia and ia
pan for supremacy in Corea.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
FOR INDEPENDENCE.
The Ruler Of the Yaqui, Indians Is
sues a Proclamation TO the "
American People.

pa Peso, Tex Jan. 19.--The Indians-
81 Sonora, the only race in all Mexico
bat was able 4 Survive the Spanish
intasion and preserve IT'S iRaividuality,
are making Heir last stand against
the MexiGan oferRmept, - Pms far IL
seems thet AissscaR eaoldiefs have, bee6
found Inadequate TO cope with the
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
RUSSIA AND JAPAN.
gin Which VIII Settle the
Supremacy in Corea. ~

Washington, Jan. 2O.-An interview
with Lieut.. Romanoff, of the Imperial
Russian navy, in Chicago, in which he
predicted war between Russia and ia
pan, is confirmed by private letters
from Japan, written within a month.
These letters describe the situation
prevailing in Japan, which, is one Of
intense anxiety and national prepara-
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
onlv q 60 of sranIlpor.

Victoria, Il. C., Jan. 20.-The steam
or Mohmouthsl9ire' has Arrived here.
: Dhislis tqeWessel tlRt Sigpaled 20 Cas-
manah T-oint on Vancouver island
That She 1iadI sSsnesg .abpalrk5 This
was thought to be a case OF bubonic
rplhgue2 dSEttit Broyes-to have been
only 4 case Of small lpox.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Vienna. Gan. 2c.-Emperor Francis
Joseph has accepted the resign tioI.
of the ministry of Dr. H. Won Wiaf
and has insrasted 70 DR.. Yon Koer54 l'
kheeask scf lfOtrfPs a psw INDUSTRY
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

The birthday of Gen. Robert E. Lee
was celebrated in all the leading cit
les of the south blythe societies Of
the army and navy Of the confederate
states and Daughters of the Confed-
eracy -aa saa... ...,..
The first 5O0-foot steamer on the
great lakes was successfully launched
at Lorain, o. II was named the john
W.lGates.i The boatsis bujlt of steel
- foot beam and so feet nodded
depth. as i5s.isaze eRf
The law regulating the salaries OF
county officials in Tennessee has been
declared unconstitutional The new
law provided for saving several htu1-
dred thousands Of dollars annually to
the people. az
Ham White, one of the most des-
-perafs characters i'm the southwest
and a stage robber for many years,
has been taken toethe. Texas .Beniten-
tiary from Fl. Worth to serve a sen
tence of "a years. g 11i sls1rlIp i.
Julius Schriftgiessen, editor of Der
Boston Telegraph, and of the New
England states a prominent. German
American resident and. member of
many Organizations, died in Boston
The records of the immigraitno bu-
wasTboFn in Alexander, Va. r IS
Mary White, of birmingham. Ala. a
despondent consmnptiye,y took 5lauda-
mum with suicidal1 intent. but was
saved by the timely arrival of a ply
sician.L Later she poured oil on her
\ clothing and set them on fire, dying
before aid reached herO ID 49,
! Excitement pre3aiIsJ at Camden,
Tenn, over the failure of the Camden
Bank and Irhst Co (which has closed
its doors. The liabilities are placed
at $4,000 and its assets are unknown.
This Yss the only bank in Camden
and held deposits from two counties.
The provincial government of Brit
ish Columbia has declared its inten-
tiQn of 50 amending itsalien exclusion
law as.to hereafter permif Anericana
ca hold claims purchased from Cana
diam locaters- Such 4 concession quite
1satifies thei-Afnericans at Atlin. 7-5,
from Dawson report that
United States Mail Carrier HolcOmb
has arrived at Eagle from Waldes,
completing the first winter trip as
carrier of the government mail from
The seat of the Yukon, a distance of
40 miles.
Or. Abraham II. Whitmer, first as
sistant physician at the government
hospital for The insane, died OF heart
f;rilure in Washington. aged So years.
lie had been connected with the gov
eminent hospital forlthe insane for 20
years.
white Great Britain Q rs being de-
rPleted by, death and war. service Of
representatives Of her best families
comes, the. annomcement that the
year 19O0iwflk give the queen several
new +great-gr;Hnd children. Since the
first Of the year two have already
made their apP99ranee- IN rl;-v
G. {. Mcdonnell. of Macon, Ga, was
found dead beside the railroad track
in that city. His body was horribiYl
mangleti.
News has been received from Cairo
that Osman Digna. principal general
sofztife late khahfaa Abdullah has been
captured. rr
Louis Strong, who was to have been
hanged at Marion. Ark, for wife nlurs
der. has been respited for 30 days hy
Gov Jones. lifnu
Richard Carter, aged 10, colorsds
v'as Banged 4ss Norfolk, va.E forilas
sssnn kleh 3r-B lasff 1s1raed Mar
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Turin, Jan. 1S.-Tt is now an
nOUnced that Is persons were killed
and 40 others were wounded by the
explosion of dynamite at Avigliano, II
miles from here. The Count of Turin
ard the Duke of AOsta have visited
the injured in the hospital. g
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Lezd1ne. col. Jan. l9-At an early
hour today aD-0I n3aslSed men held NP
1olob's saloon on Harrison avenue,
gerry Ryan. the bartender, refused TO
lAroW- up his haads and VAS shot
Twice by one Of the robbers. dying in
slaltlr. The robbers fed.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
-tIleged EmbezzIer Arrested.

li1SeM York; Jan. 2O.-Leroy W. Sc
cor, charged with having committed
the embezzlement of $4,000 from the
Transportation CO., Of Mil
~aulee, WAS arrested "a this eit5. q }
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
rat ran Up his Leg.

Cumberland, Nd, Jan. 20.-George
Fradeska, aged 10, had 4 remarkable
iexpefienc6.H A rat r;inLiip bis pants
leg. which so frightened Fradeska
that he Jumped into a creek and was
nearly drowned while trying to drown
tbs rodent, WHICH bit him until blood
STEAMED into his shoes. ..o
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
a@Naaa
a6angaaau9a..gJ

Offers the following very reduced prices
on Magazine and Newspaper subscrfp-
tons. All publications are mailed post
paid, one year, direct from the publish
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

All the street car lines are tied up in
Troy,7N y. as the result of the strike
Z OF 365 mOtormen and conductors OF
the United Traction Co. The men de-
mands 20 cents an hour and a ten hour
day. s-
Clifford r. England, of Detroit, who
three years ago embezzIed $4,000
from The Warren-Scharf Asphalt Co.
of that city, has been landed in jail
there, having been arrested % in Chi
Ca0O.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

at San Francisco from the Orient,
landed 200 Japanese. This completed
a list Of-2, 999iRside- of-fOur days.
i1qThe post office at AIaseoutah, III,
was robbed of considerable money Aand
$500 worth of postage stamps. The
burglars blew open the safe and es-
caped on a hand chr. r-i-..-=
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
q 4 NEWS ITEMS "a {


7. H. Webb was shot and killed b5
VIII Toland at Yoakuni- Tex.
About 100000 bushels of coal wer,
started down the river from Pitts
burgh.
Richard d. Blaclmore, the novelist
died in London. He was born at Long
worth, Berks, in 1852. - r-r---r -.
: Cain McWhite, .colored, was instant
" killed while driving across a rail
road track at Blackshear, Ga.
James Pyle, the well known SOAP
manufactures, died at his home il
New York city, aged n years.
At Minedgeville, Ga, Lee Dago was
killed in trying to get on the front
platform of an engine while drunk.
Prof. Slaby, of Berlin, says that ii
Germany has any competitor to fear
in electrotechnics it is not Great Bri-
tain but the United States. .
Congressman Bailey announces that
he has no intention of abandoning
the senatorial race in Texas against
Senator Chiffon. T Egyr,
Mrs. Annie Ellsworth Smith. widow
of Roswell Smith, founder of the Cen
fury CO., died at her home IN New
York city, aged 80 years
Al. Vanhantliugham, commissioned
of the ST. Louis Traffic Bureau, died
at his residence on Washington bouIe-
ward. St Louis, Of heart disease.
The Ashland wooden mills, at Ash
land, Ore, were destroyed1by fire. This
total loss is $4,000; insurance, -S13,-
600.
The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23

Rev. DR.. J. Henry Sharpe, a promi-
nenr Presbyterian clergyman, died at
his home in Philadelphia, aged So
years. lie was born at Cadiz, o.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03
C0WDEN
INVITES THE
REPUBLICAN.
stats Central COMMITTEES 70 Hold IT.
Meeting n Wheeling On Feb
Eualy g, Just
BEFORE THE BIG DEWEY DAY.
Doing Then Would Follow the In
vitation to Hold the state oon-
vention Here.

Major ". ]. W. cowden, Of this city.
who Is a member Of the Republican
state central committee, has taken a
decided interest In the proposition to
have the Republican state nominating
convention Of 1900 held ID wheeling,
which was recently sprung through the
1ntelligeneer. BE believes the eflort to
secure the convention win meet with
success, but he has Information that
leads him tobelieve that It Is practically
settled that the Democratic convention
win meet in Parkersburg.
II have written to Chairman Dawson,
OF the state central committee, asklng
him to call the meeting Of the commit
Tee for wheeling on February q, said
Major cowden last night. "All the
state leaders win desire to be In Wheel
ing for Dewey Day. anyway, and by
holding the committees meeting here
the day before our big celebration they
would XIII two birds with one stone.
At that meeting, Of course. the time
and place Of holding the state nomina-
ting convention would come up for dis
position, ane the fact that the commit
tee met In wheeling surely would not
interfere with her prospects for captur-
ing the convention. expect to hear
from Mr.. Dawson soon."
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03
CHIcAG0,S GREAT CANAL.

Uniting the WateFs q Lake 7 iieai-
gan and the lIlSsislppi River, Was
opened Yestsrday in q very Quiet
way.
CHICAGO, Jan. 1.-THE tSs,ooo.eQe
canal a present used for savage DIS
posai but ultimately 70 be q ship canal
also, IL In use to-day, after seven years
Of hard work BY the trustees Of the
sanitary district which = the name q
! corporation including the larger part
OF the city Of Chicago and many Of ~.
suburbs. At least the Chicago end Of
It 10 in use, but the water has not yet
reached the other. end at LocspoEt. 4lls.'
ana win NOT reach It for several days.
Probably never before has the conn
pletion Of a public work Of such magni-
tude been marked with such absolute
lack Of ceremony. There were no ships,
NO exercises and no cheering. About 9
q. m. the sanitary district trustees and
engineer gsthered ct the Scene. Bee
sides a few workmen there were not
dozen spectators present. There was
no grand rush Of water to be followed
by the cheers Of spectators. Indeed.
the opening Of the canal resembled
more the tiny stream Of water that
flowed over the Holland dyke and grew
larger and larger until It swept a great
hole In the wan Of earth. That is the
way the great canal was opened. This
method was used to avoid the danger
Of sudden ruHh Of waters, but It rob-
bed the opening Of all impressiveness,
About Wednesday at noon, the water
is expected to reach Lockport and
about four days from the time the now
began, according to the estimate Of the
chief engineer, the canal win be full
and the water will begin to run over the
sllls Of the controlling gates at Lock-
port, twenty.eight miles from Chicago.
There Is viii fan into the pesplaines
river and then into the Illinois and
Mississippi rivers and 90 finally Lake
Michigan viii shake hands with the
Gulf Of Mexico.
Chicago people are already eagerly
watching the effect on. the Chicago
river Of the openig of the canal This
stream, which Is 50 Objectionable In Its
present condition. is expected to be
comparatively pure, and certainly to
lose all its features Objectionable from
a sanitary point Of view, when the
present stagnatlOn gives way to a flill,
strong current from Lake Michigan.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03
OPEN DOOR.
Secretary Hay Announced Successful
Negotiations.

A'ss@ss~HeS @Ae't
Negotiations.
WASHINGTON. D. C., Jan. 2.-The
session OF the cabinet to-day was brief
but 1t was the occasion Of the import
ant announcement by Secretary Of
State Hay that the negotiations with
the great powers Of Europe and Japan
to secure common understanding for
continued "open door policy
throughout China, had been eniinently
successful and that favorable re-
sponses had been received from Great
Britain, Germany. France, Russia and
Japan. The only country addressed
which has not yet responded Is Italy,
and favorable answer Is also expect-
ed from her.
Secretary Hay statement to the cab
met fully confirms the information In
the Associated Press dispatches from
this city last Saturday. The announce
inent Of the success Of the negotiations
was extremely gratifying to the Presl-
dent and cabinet, as 1t insures to the
United States a full share in the future
development Of commerce with the
great empire of China. Secretary Root
was not at the cabinet meeting to-day,
and. therefore, none Of the matters
which usually occupy such large
share Of the attention Of the cabinet
were considered.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03

PARKERsBURG-ohio river 8 feet
and falling. River bank full OF Ice.
Weather, threatening. Thermometer,
10 above. No boats. Little Kanawha
falling, and frozen from It's mouth 10
the headwAters.
MoRGANToWN River closed.
Weather. cloudy and cold.
OIL CITY-Rivcr feet inches and
stationary. Weather cold ana snow
GREENSBORO = River 4 feet and
falling. Closed. Weather, fair and
WARREN-RiveF I foot 8 inches.
Weather. showing and cold.
STEUBENVILLE = River feet and
rising slowly. Weather, clear and
cold. The river Is closed at Brilliant,
below this city. and at Cables Eddy,
above. The river was 3 feet Inches
this morning, but the water backing up
caused the half foot rise.
OBSERVATION-DISCLOSURES 3.S feet and
falling, Weather, clear and cold.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03
parnellites Thank Tammany.

DUBLIN, Jan. 2.-At a meeting Of the
Parnell memorial committee In tbs city
to-day, Daniel Talon. lord mayor Of
Dublin, presiding. John e. Redmond an
nounced the result of the recent tour
OF the lord mayor and himself in the
United states in the interest Of the
fund,
The committee adopted a resolution
thanking the people OF the United
States for their generosity, with partIc-
ular reference to Tammany Halls do
nation OF 5000.
II was decided to proceed Immediately
with the erection Of the memorial.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03

PHILADELPHIA, Pa, Jan, 2-The
work Of domollshing the steel dlcs that
coined the output Of tho United States
mlnta during 1895, was completed to-day
In the blacksmith shop Of the mint here.
Exactly 1910 dies, representing the
money coined In this city, were destroy
al, Tomorrow the dies used at tho
New Orleans mint win be rendered use
less. Those from San Francisco have
not yet arrived, Every die used by tho
United States mints Is engraved and do
stroyed in this city.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03
THREE MEN KILLED.
By a Pennsylvania Train at Nom

By Pennsylvania Train ct Mon
if tandon.
LEwIsBURG, Pa. Jan. 2.-Thrse
men were killed to-day by an east
bound train on the Phlladelphia & Erie
division OF the Pennsylvania railroad
at a crossing near Montandon, about
ten miles north Of sunbury. The men
were riding in a covered wagon. The
victims, all of whom met instant death.
were:
Samuel W1itmeyer.
William Wenzel.
Fremont Wolf.
Harvey Wenzel, a brother Of one Of
the victims, escaped injury by Jump
ing from the wagon. The men were
truckers and farmers, and all were mar
ried and leave large families. The
bodies were brought here this evening
and subsequently removed to thelr late
homes.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-01-03
writ Of Error Granted.

Special Dispatch to the IntelllEoneet.
CHARLESTON, w. Va, Jan. b.
Judge Mcwhorter. of the supreme
court to-day granted a writ Of error to
the plaintiff in the case Of Hattie Eells,
from the Kanawha circuit court. The
plaintiff alleged damages on account Of
the erection Of the piers for the bridge
across Coal river, at st. Adams, claim
ing that the piers had been so placed
as to defect the current to
the injury Of her property. The lower
court. after hearing the evidence of the
plaIntin, instructed verdict for the
defendant end an appeal was taken.