davidaulloa/AmericanStories huggingface dataset:
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-12-04
SIMPSONS Prize Money Cases.

Washington, December LIN the ac-
ton ''in prize, instituted by Admiral
William T. Sampson, against the Span
ish vessel Of war Infanta Maria Their
esa. Justice Hagner, presiding in the
district branch of the supreme court
of the district Of Columbia, has ever
ruled motion to strike out the answer
filed by the United States in the case.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-12-04
GATrIs GETS A vKRDICT
For Twenty Thousand Dollars Against
President Kilgo.
Especial to the Messenger.)

Especial to the MesSenger.)
Raleigh, N. c., December LIN the
100000 libel suit being tried at Oxford,
brought by Rev. T. ]. Gattis. of the
North Carolina Methodist Episcopal
conference. against Rev. DR.. John c.
Kilgo, president of Trinity college, the
jury this afternoon gave Gattis a YER
dict for $4,000. Kilgo appeals.
The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-12-04

Continued on Fifth Page.)
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-09-20

anu -Dc VA INC dClbCo dCt
That the facts stated do not constitute a
public otfense. The demurrer was over
ruled, and error assigned.
The specific objections to the suffici
ency of the indictment are: First: "There
is no allegation of ownership of the
building alleged to have been burglar
| ized."
We do not thinkit was necessary TO allege
| who was the owner of the building
known az the Eureka Block 1t was
| certain room in that building occupied
by said company as store into, which it
is charged that the defendant entered.
the ownership is correctly laid in the
party or parties having the occupancy,
possession and control at the time of the
alleged burglary. tEncy. Pl. Il Pr. 49,
note 3; State VS.. Parker. Is New. 10
1t was shown by the testimony in this
case that the Nevada Hardware and
Supply Com pany occupied and had con-
troll of said store room at the time of the
| burglary. The allegation that the de-
! fendant entered into a certain room occu-
pied by the Nevada Hardwa and Sup
ply Company As store, in a building
known as the Eureka block, sufficiently
lays The ownec ship in said company of
the particular premises entered.
In People Y. Rogers, 81 Gal. 2o9, the
charge was that defendant burglariouSly
entered the store occupied by Jones and
Harding, with intent, etc. 1t was held
that the ownership of the building was
sufficiently designated. Counsel cites
. Com. Y. PERKS. los Mass. l. in support 81
! his contention. Bat in that case it was
charged that the defendant ION y i,
the night time at : = in said county, the
building known as Warren Block Their.
situate did break and enter y ~ II
that indictment there was total absenc,
of any allegation of ownership, occ,,
pancy, possession or control of said build
= ing.
!, The second objection is, that there j
! 40 averment who or what the Nevad
a Hardware and Supply Company is
whether. a partnership, association o
;, corporation
y 1t is provided by section 1908, Com
Laws, that the indictment shall be sut1i
>, cient if it can le understood therefrom.
= = Sixth-That the act or omission
Il charged as the otfense is clearly and dis
.s tinctly set forth in ordinary and cOncis
a language, without repetition, and in sue
;, manner as 10 enable a person of commo
understanding to know what is inter
ded"
:, Under the statute and the following
authorities we do net think that it wa
- necessary to allege that said compan
= was either corporation, an association
or a co-partnership. People V. Henr
- II Cal. AS: 81 Cal. 2O9, supra: Burl
- V. State. "a Oh. St. 80: Hamilton V
ID State, ID 80: Fisher v. State. 40 N
,g L. le9: State v. Shields. SO Mo. %!
I'd 3 Eucy. Fl, & Pr. 1871, 1911
y, Instructions. O,cnela,ip. The cou
or, of its own motion instructed the jury
is to the ownership of the store room,
nd effect, that It was essential for the Sta
,p- to show by the evidence hey oud a reaso
nd able doubt that the Nevada Hardwa
ng aad Supply Company named in the i
he dctment was the owner, or in the poss
aid sion and occupancy of the room desert
IN ed in the indictment before they COZ
"a find verdict of guilty.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-09-20
OPINION
BY Bonnitield. {. J.

The defendant was convicted. in the
Second judicial District Court. III Il I'd fer
Washoe County, of the crime of burglary,
and by the Judgment ii the court was
sentenced to Imprisonment in the state
prison for the term of one year. He APP
peals from the judgment and from an
order denying his motion for new trial.
Motion to set aside indictment. The
trial court denied the defendants motion
to set aside the indictment and the ruling
is assigned as error. An indictment
may be set aside on motion of the de-
PENDANT on certain grounds named in
section 1910, Com. Laws, and when the
defendant has not been held to answer
before the finding of the indictment it
may be set aside on any good ground for
challenge, either to the panel or to any
individual grand juror. (Id. sec.
424l.) Section 4l49, 4!5o. respectively
gives the grounds of challenge To the
panel and to any individual grand juror.
The defendant in this ease had not been
held to answer before the finding Of the
indictment. He specified numerous
grounds for his said motion. but the only
statutory ground embraced therein is the
third ground Of challenge to the panel
to-wit: THAT the drawing was not had
in the presence of the officers or officer
designated by law (Sec. ilf9) This
ground is not sustained by the facts as
disclosed by the bill of exceptions.
Two of the grounds alleged for the mo-
,~I }Sf. i.lJ
That no list of names selected as CRANE
jurors for said term of said cour;, or ta.
session at which said indictment WI:
found and presented, was certified by
the officers making such selection. Sec
ond: That the several members of sail
grand jury are not shown to be qualified
grand jurors.
The statute does not make the failur
to certify the list of names of CRANE
jurors q ground Of challenge to the pane
Neither is the alleged second ground
statutory ground Of challenge to an in
dividual grand juror, and neither Of sal
grounds is otherwise made {. statrtor
ground for setting aside an indictment.
While said motion could have bee
properly h1d(ic on ANY Sioiiiu tiih' "oul
be good ground of challenge to the paae
or to an individual grand juror, court
have no power to originate new an
distinct ground of challenge. Estate
Collyer, II New. 275, and cases citedD
Indictment and Demurrer. The il
dictment charges: THAT said defen,
ants, William J. Hammersmith an
George Sinas, on the second day of Fe
ruary, A. d. 1900, or tnereabouts, and b
fore the finding Of this Indictment, at Il
said County of Washoe, State of Nevad
in the night time, into certain room 9
cupied by the Nevada Hardware Al
Supply Company as store in buiidll
known a. the Eureka Block, then al
there situate and being, did Unlawful
feloniously and f,rcibly break and ent'
with the intent then an there feloniou
~ and burglariously to steal, take al
carry away the goods, money and pro
erty of the said Nevada Hardware a
Supply Company then and there bel
=" The defendant demurred to t
indictment on the gounds: !. That So
indictment does not substantially &C
form to the requirements of secs.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-09-20

If you don't receive your paper, kick, am
ter wifi be r;ghted.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-09-20

ou get the local news and all Of it in the Appeal
general and telegraphic news in the Bee.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
TELEGRAPHIC TICKS.

The house committee on mileage re-
for mileage.
The Morins block, Lowell, Mass, a.
fve-story business structure, was de-
stroyed by fire. Loss 100000.
The Ohio senate passed bill provid-
ing that all insurance companies, other
than life, except on live stock shall
have paid up capital of 100000 be-
fore being chartered to do business in
Ohio.
At Dayton, Ohio, fire in the manu-
featuring district did half a million
dollars of damage. The heavy sufferers
are J. P. Wolf & Son, Bimm G Com
pany, the Globe paper company and
Benedict & company.
Fire in George w. Stout's wholesale
grocery in Indianapolis spread to the
adjoining buildings occupied by Brink
meyer, Kuhn & Co., wholesale grocers.
and Hendricks, Vance e Co., causing
a total loss of S35O,OO0; insurance
four-fifths.
At Sioux City the arrest of Oscar
Goodrich for the murder of John e.
Robson on the night of Dec 20, Gre
ated a big sensation. Goodrich was
formerly partner of Robson's. The
killing of Robson was a cold-blooded
murder, he being struck with a Ratchet
just as he LETT his Office late at night.
Liabilities aggregating $372,674 are
scheduled in the petition for bank
ruptcy proceedings filed yesterday by
William III. SiIberhorn of Chicago,
formerly in the banking business in
Sioux City. The principal creditor is
the Union Loan & Trust company,
Sioux City, which has claim for
$205,0OO.
At Green Bay, Rev VIM. M. FormelI
pastor of the First Methodist Episco-
pal church, rendered his resignation
and announced his withdrawal from
the Methodist church on account of
his remuneration of some of the dog
mas of the church. His congregation
was willing for him to retain the
pastorate. He will do independent
evangelical work
The special train bearing the re-
mains of Maj. Gen. Henry w LaWton
and Major John A Logan, Jr., and
Surgeon Maj. G. L. Armstrong, started
east from San Francisco Thursday af-
ternoon. Mrs. Lawton, Mrs Logan,
Mrs. Armstrong and other members of
families Of deceased officers accompan-
led the train. Marked respect was
shown the cortege as it passed through
the streets to the depot. The train. is
due in Chicago Monday The body of
Major Logan will be taken to Youngs-
town, Ohio. The body Of Gen. Lawton
will lie in state at Fort Wayne and In
one day and the train will
then continue to Washington.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
No Compromise Made.

Frankfort, Feb. 2.-For the first
time since the shooting of Goebel there
were yesterday signs of peaceful
settlement. The signs were few and
small and have disappeared, but the
hole into which they have withdrawn
has been left open and there is a
chance they may re-appear. The
original proposition looking toward
an amicable adjustment came from the
republican side just before noon.
when T. L. Edelen of Frankfort, one
of Governor Taylor's attorneys, APP
peared at the Capitol house to hold
conference with Judge Pryor and Lew
is McQuown and Col. VIM. Scott, legal
advisers of the democracy. Edelen
said Gov. Taylor and the republican
party were anxious to avoid anything
that might lead to serious trouble, as
present conditions might do, if moth
ing were done to prevent it. He was
assured by the democratic attorneys
they were as anxious to save any
clash between parties as the repub-
licans could be. Edelen then proposed
to submit to the Kentucky court Of
which he declared, Judging
by the action of Justice HaZlerigg
in swearing in Goebel, would
probably decide against Gov. Taylor
He then wanted the right to submit
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
ASK FOR BIG MONEY.
Iowa Board of Control Wants so Per
Cent. of Revenues.

Des Moines, Feb. 2.-The committee
of the senate has presented a bill to
revolutionize the system of financing
state institutions. 1t provides that
state tax shall be levied each year to
raise $1,360,000 for the support of the
fourteen institutions under the board
of control. This is about 60 per cent.
of all revenues raised by the state
The money shall be placed to the cred
it of the board of control which will
have a general commission to conduct
institutions out of the sum provided.
At present separate appropriations are
made for all institutions and support
and building funds are also provided
The proposed measure
placing all insane in the
four state asylums and taking away
from counties about 800 insane who
are now kept in county asylums.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05

announcement of any intention on the
part Of Gov. Taylor but it seems OF the
general belief that he will rescind his
action before the time set for the meet
ing at London.
At o'clock Speaker Trimble posted
a notice in the office of the Capitol no.
tel calling upon the members to meet
in one of the hotel parlors. Forty -four
members only were present, and this
being no quorum an adjournment was
taken. The senate also held a short
caucus and nominated Senator Carter
of Anderson county president pro tenn,
the position heretofore held by Goebel.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05

Chicago, Feb. 2.-Terry McGovern of
Brooklyn, at TattersalPs last night,
proved his right to the title of feather
weight champion of the world by
Knocking out Eddy Santry Of Chicago.
The knockout came in the fifth round
after a fierce mixup in which Santry
did some clever work but Terry was
too strong for the Chicago lad and
Strengthening Santry up with short
arm jolt to the stomach landed a left
and right to the jaw in quick success
sion and Santry fell to the floor on his
face. He got up at the count of ten
but was in such a weakened condition
that Referee Siler declared McGovern
the winner to save Santry from fur
Their punishment. Santry was down in
the second round for the count but got
up strong and in long range fighting
had a shade the advantage. Santry's
clever blocking appeared to bother Nc
Govern for awhile. Santry tried to
fight at long range but Terry would
rush into him headlong and took many
a left hand jab on the nose in hisanx-
iety to land the knockout. In the third
Santry made an even break of it doing
some good jabbing and Terry was
unable to get in close enough to use
the short-arm jolts that have made
him famous. In the fourth round Ter
ry commenced playing for the jaw and
after a fierce mix up landed right
swing to the jaw which sent Santry to
the floor for the count. The blow
weakened Santry and when he got up
he clinched to save himself. On the
break Terry started playing for the
body and this time was able to land
and from that time to the end of the
fight Santry gradually grew weaker
from Terry's pile driving short-arm
jolts. Near the end Of the round San
try rallied and drove his left to Ter
rvs face but the latter did not appear
to mind the blow and made head
long rush for Santry and sent him to
the floor with a right to the
jaw. Santry tried to keep away in
fifth but Terry slowed his down with
a breath-taking blow in the stomach.
Santry seeing he could not escape
made a stand in the middle Of the
ring. Both were swinging wildly
when suddenly Terry uppercut Santry
on the jaw. Santr..''s guard dropped
for the smallest fraction of second
and McGovern whipped his left over
the jaw. He followed the blow up
with a right swing and caught Santry
on the ear as he was falling. Santry
fell to the floor on his face and rolled
over. The referee gave the fight to
McGOvern. Santry was unable to
leave the ring for full ten minutes after
being counted out. In the prelimina-
ries Ed Denfass Of Philadelphia was
given the decision over Billy Stiff of
Chicago at the end of six rounds.
Benny Yeager knocked out Alex.
Burke of Milwaukee in the third
round.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
IOWA SALOONS CLOSED.
Many Fearful at Having Run Without
Right.

Des Moines, Feb. 2.-As a result of
the decision of the supreme court
holding saloon consent petitions illeg-
al the saloons are closed in nearly
every interior town Not one is open
i'll Des Moines. River towns east and
west, with Cedar Rapids, Ottumwa and
Iowa City, are still keeping saloon
open. Representative Of brewing in
terests at Dubuque and Sioux City are
mere to induce the legislature to pass
{ Iegalizing act which will recljfy the
acts of the saloon keepers who have
operated without right Brewers say
their accounts will be invalid and they
will loose heavily.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
MAY CLASH TODAY
FEELING OF RIVAL KENTUCKY
FACTIONS MAY BREAK.
ooEBEL cLINos TO LIFE

But Physicians Hold Out Little or no
Hope-Gov, Taylor Appeals to
President Mckinley for Support
Cabinet May Discuss Matter Today
Thursday at Frankfort.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
MAC WINS AGAIN
FEATHERWEIGHT CHAMPION
KNOCKS OUT EDDY sANTRY.
ONLY FIVE ROUNDS FOUGHT

McGovern Proves His Right to His
Title by Clever and Game Work
Chicago Man Plays Out Under His
Fierce Short Arm Jolts-Ed. Dem
fass Beats Billy Stiff.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05

Frankfort Feb. News from Goe-
bells room at midnight is worse and
indicates he may possibly die before
morning. Action of the heart has
grown weaker. At / o'clock this
morning DR.. Hume said Goebel would
probably live through the night. He
added, however, that there is posi-
bility of uraemic poisoning and that
it was possible the patient might die
in commissions any time.
Trouble Expected Today
Frankfort, Feb. 2.-The legislature
will today take active steps to prevent
Gov. Taylor from interfering with the
session the members desire to hold in
the legislative chambers. Papers have
been prepared and this morning an in
junction will be asked from Judge
Cantrill of the federal court restrain
ing Gov. Taylor from interfering in
any way with the proceedings OF the
legislature. The probabilities are that
trouble will ensue.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
ADVERSE TO DESERTERS.

Washington, Feb. 2.-The senate
committee on military affairs yester-
day reported adversely upon the bill
the removal of the charge
of desertion from all soldiers of the
civil war who failed to secure hon
orable discharge.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
NEW DEPARTMENT FAVORED.

Washington, Feb. 2.-The senate
practically decided upon favorable
report upon the bill creating the de-
partment of commerce.
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
Sends Long Memorial.

Washington, Feb. Gov. Taylor's
communication to President Mckinley
is in the nature of a memorial. 1t
goes at great length into the situation
in Kentucky making explanation of
the conditions there No action has
been taken on Taylor's memorial and
it can be positively stated that up to
midnight no decision with reference to
it had been reached Today is the
regular day for the cabinet meeting
and it is thought the matter will be
given careful consideration then
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
Taylor Appeals to Mckinley.

Frankfort, Feb News from
Washington that Gov. Taylor had sent
a long message to President Mckinley
asking for support had an enlivening
effect upon democrats here, and today
Senator elect Blackburn and other
Kentucky democrats will call upon the
president and give the Goebel side of
the case. Ex-Gov. McCreary and
Warden LiIlard of the penitentiary
held a long conversation with Mr..
Blackburn giving him the latest phases
of the local situation. they received
information from Mr.. Blackburn that
it was practically certain there would
be no interference in Kentucky affairs
by the national administration under
anv circumstances
Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1900-02-05
Trouble Expected Today.
Troops Offered Goebel.

Cincinnati, Feb. 2.-Specials to the
ENQUIRER from numerous points in
Kentucky report the tender of troops,
if needed to sustain the Goebel govern
ment. Among them is the offer OF
Col Gather of Harrodsburg, hereto
fore a strong anti-Goebel man. At
Richmond, DR.. Frazee, one of Morgan's
cavalry, in a few hours enlisted so
men. Similar offers come from scores
of other towns none of which have
been accepted.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1900-08-09
BOY TO DEPEND UPON

Jeremiah ones is even meaner than
the man who split up his wife's tomb
stone to repair his doorstep. Jones
was as inveterate tobacco smoker, but,
as his wife detested the practice and
made home tempestuOus and stormy
for him when he INDUCED in the habit
there, he always smoked when away
during the day, and declared to his
better half that he had stopped per-
manently. But one evening, upon en-
tering the front door, and drawing out
his handkerchief, he accidentally pulled
out his pouch of tobacco, and without
noticing it left it lying on the floor.
When Jones sat down to his supper,
his wife walked in with the tobacco in
her hand, and, looking Jones firmly in
the eye said: do you know who this
belongs to?"
With great presence of mind Jones
turned scOwling to his eldest son and
said, with a severe voice: Immortal
Mars! Is it possible that you have be
gun to smoke? You young reprObate!
Where'd you get that nasty stuff?
What d you mean by such conduct,
you young villain? Haven't [ told you
often enough to let tobacco alone?
Come here to me or III tear the coat
off you!'
As he spoke the stern father made a
grab at the boy and dragged him out
into the hallway, where ne chastised
him with 4 cane.
Then Jones threw the tobacco over
tho fence, where he went out and got
it the next morning and enjoyed it
during the day.
"Merciful heavens!" he exclaimed
when he told us about it. What
should I have done if my children
had all been girls? It makes an old
fathers heart glad when he feels that
he has boy he can depend upon in
such emergencies. "-Philadelphia In
Quirer.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1900-08-09
NOTES OF NOEABLES.

The German emperor has expressed a
desire to furnish three sea pieces,
painted by himself, for the decoration
of Queen Nictorias yacht, which has
has been built at Pembroke and will
shortly be completed. The Kaiser is
an enthusiastic painter of marine sub
jects. His own yacht. the Hohenzol-
fern, is adorned by series executed by
his hand.
Sir Edward Grey has two hobbies.
One is tennis, at which he is an adept,
His other is angling He has fished
literally from the Eddystone to Der
wick bounds" and from there to the
northern and western isles of Scotland.
There is scarcely a stream he does not
know. Fly fishing is his favorite sport
and he has pursued it as active among
the streams CT the west as anywhere.
Swift Wright former editor and pro-
prietor of The Logansport (Ind.) Daily
Journal, is now Prime Minister to
President JimineZ of San Domingo
Wright was in Cuba when Jiminez Or
ganized the revolution. and when the
ctbN ShluI gus udIINS SldEleu LOT san
Domingo Wright accompanied him.
Wright was captured en route. but he
escaped and eventually Joined Jiminez,
who rewarded him with the highest Of
flee in his gift
The we'll known Spanish painter.
Joaquin Sarolla, has been awarded a
first class medal in the Paris exposl-
ton, and all those who admire his
works are pleased at his success. The
Madrilenos call Sarolla the painter
of the SUM- because no one can sur
pass him in those wonderful scenes Of
outdoor life painted in full sunshine
brilliant light everywhere, quite daz-
zling to the eyes, with heavy shadows
lying where the light cannot penetrate
By the death of the Duke of yelling
ton the English pension list will be
eased by $4,000 year. That sum in
cluded two separate pensions granted