davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
THE P. A. A. MAY TRY TO
RETAIN ITS CLUBHOUSE.

The proposed meeting of the board Of
governors of the Providence Athletic
Association. scheduled for last evening,
was not held, owing to the illness of
John Shepard, Jr., the president of the
club; but. if nothing further interfercs
IL will be held tomorrow night.
Thus far the special committee select
ed TO canvass for new members has done
nothing. The gentlemen are more than
willing 10 work and will do what they
can to swell the membership to 700 or
more IL that should be considered nee
essary: but until they can meet and
talk with Mr.. Shepard they prefer not
to act.
They are still confident that If the
Shepard Land Company, or IL individ-
uals will advance the money for the
work, will alter the card room by con-
verting IL into say 10 sleeping rooms,
a new revenue of about $4,000 year can
be obtained. There is a demand for
sleeping accommodations other than
those already provided. and last night
five applicants for rooms were turned
away.
This added $4,000, together with
saving OF nearly $4,000 by wise econo-
mics and the s22. 900 coming from the
members by way of dues. could. the
gentlemen assert. enable the club to
continue its occupancy OF the building.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
Court Sets Aside the
Banigan Judgment.
TheRejeetion Of Woonsoeket
Company's Rejoinder Was
Not Proper.

The decision of Judge Douglas in the
100000 suit brought by the late Joseph
Banigan against the Woonsocket Rub
Der company has been set aside in the
appellate court. This suit is the one
founded on a note for 100000 given to
Mr.. Banlgan and on which the Woon-
socket company sought to set off it's
claim against Mr.. Banigan for com
missions alleged TO have been wrong
tully taken. The appellate court, as the
ruboer company had begur~suit 10 re-
cover these commissions, refused TO al
low the set OFF. Then the case went TO
the common pleas division again and
the rubber company discontinued it's
suit for commissions and filed a re-
jonder setting up its discontinuance
as to the claims pleaded in set off in
its suit of August s, 1896, to the repli-
cation of pending suit to the plea in
set on. Judge Douglas refused to per-
init the rejoinder and gave judgment
for the plaintiff.
The opinion OF the appellate court in
the case was handed down today and
was written by Chief Justice Matte
son, who says in substance that the
courts opinion is that the defendant
should have been permitted to file a
rejoinder setting up it's dlscontinuance
as TO the claims pleaded in set off of it's
suit of August s, 1896, to the replication
OF pending suit to the plea in set off.
Notwithstanding authorities to the con-
trary cited by the plaintiff we think
the tendency OF the latter cases and a
preponderance of authority sustain the
defendants contention that II is a good
answer TO plea of the tendency OF a
prior action for the same cause that the
former suit has been discontinued,
whether the discontinuance be before
or after the filing OF the plea. If good
replication to a plea. IL is OF course
equally good as a rejoinder to a rep
lication when the pleadings have ad-
vanced to that stage.
The plaintiffs counsel takes the point
that the decision of the common pleas
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

division refusing the defendants mo-
tion for leave to file rejoinder It's
demurrer 10 the plea OF former suit
pending having been overruled was
within the discretion of the common
pleas division and not reviewable.
Granting that it was discretionary, 1t
was discretion affecting the right OF
the defendant given by the statute to
plead it's claim in set-off, and hence, 4
Judicial discretion, and as such review
able. The pracllce of granting psrmls-
sion TO plead after the overruling OF
demurrer is well established. and the
policy OF the court in this respect has
1t being conceded that the defendant
has brought, and has pending, a Sec
ond action for the same causes az
those embraced in it's plea in set-off,
the action having been brought TO pre-
Vent a possible barring OF these claims
by me statute of limitation. the
plaintiff claims that the defendant
should not be allowed to plead by way
of rejoinder the discontinuance OF It's
former action, because this will neces-
saf1ly lead to ub-rejoinder of the
pendency of this second action. and thus
the same result will be reached as on
the plea of the pendency of the former
action, and the defendant may then
discontinue its second action and plead
such discontinuance in rebutter and
so on ad infnitum.
We do not think. the court says. that
the direful consequences which the
plaintiffs counsel anticipates from an
endless chain of pleading are likely 70
ensue. The plaintiff cannot set UP by
way of rejoinder the pendency of
the new suit, since the pendency Of a
suit subsequently brought cannot be
pleaded, because not pending suit
when the Former action was begun.
though doubtless the pendency OF the
claims in set-off may be pleaded In
abatement of the suit subsequently
brought.
new trial is granted and the case
RENTED to the common pleas division
with direction to permit the defendant
to file its rejoinder.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
-FOUR ARE DEAD.
Two Lost Their Lives at T0ne-
ment House Fira--1wO Buried
Under Debris.

New York. May 4.--Four persons were
killed in fires in this city last night and
early this morning and a fifth lies fa-
tally injured in hospital. At lodg-
ing house fire in South street. John
Curran, an engineer. was burned to
death and Fireman Daniel Mullen was
thrown from a ladder. receiving in
iuries from which he died this morn
ing. Fireman James Fitzpatrick was
fatally injured by the overturning OF
hose truck.
An explosion wrecked the fat and tai
low factory OF Joseph Stern & Company
in West 40th street, and two men
Thomas MCGUIRE and Joseph Drum are
believed to be buried under the ruins.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

and eventually 1t could make substan-
tial payments on account of defaulted
interest.
Still, If the stockholders in the Shep-
ard Land Co. were bound to convert
the building into a hotel, 1t would be a
waste of time to think of altering their
decision.
AS one of them said today, the age
OF miracles is past and one cannot gal
vanize dead horse into permanently
animated thing. The corpse may re-
spond with wriggle or two when the
battery is first applied but the galvan-
ism would fail to maintain the muscu-
lar action after few shocks. The
moral of this was that the association
had been prodded and prodded. Tts
members had responded warmly at fret
and gradually colder until something
like discharge OF dynamite was need
ed to arouse them. 1t might be that this
stirring up; this talk of losing their
comfortable home their club luxuries
and ease. a home the doors of which
We're always open to them, would prove
to have been the requisite dynamite ex-
plosion. Since the announcement was
made that the club house was liable ~
be converted into a hotel the members
had been stirring themselves and there
was a probability that they would get
together and accomplish something to-
morrow evening which would be the
salvation of the r. A. A.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
The Boer Army Believed to Be RetreatinS to
WyndbergMay Make Another Stand British
Force So Miles Nearer TranSVaal Capital.

London, May News of the occu-
patton OF Brandfort was issued by the
war office at 10 o'clock this morning.
confirming a dispatch previously re-
ceived by The Associated Press. 1t is
generally considered the most import
ant communication received from the
front since the capture of General
Cronje and the relief of Ladysmith.
The fact that the position gives the
key to one OF the main roads leading
to the Drakensburg passes, which pos
sibly may be the means of cooperation
with General Butler later on, provides
an advance base of supplies. ETC., and
at the same time menaces the Beers
now southeast of Bloemfontein, is OBJ
viously the reason for the import
ance attached by all hands to the in
telligence.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
WINIFREDA WINS THE 1000
GUlNEAS STAKES AT NEWMARKET

London. May 4.-The 1000 guineas stakes
run at the New arket spring meeting
today was won by Mr.. Brassey's Wini-
freda.
This event Is of 100 sovereigEs each, half
forfeit. for 3-year-old illies. the owner OF
the second fiily TO receive 200 sovereigns
ont of the stakes. and the third to save
his stake. The horses ran on the Row.
ley mile.
The placed horses We're: Mr.. l.. Bras
sey's bf. Winifreda, by St simon-Mei-
ody, I.
Lord Ellsmere's ch. Z. Inquisitive,, by
Hampton--None .le Wiser 2
Sir r. Waldie Grifhth's bf. Vain
Duchess, by Isinglass-Sweet Duchess, 3.
Ten horses ran.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
CONSTITUTION GOES TO
ISLAND OF PORTO RICO.

beas corpus s denied, however. on the
ground that the island was in a state
OF war before the ratification OF the
treaty when the murder was committed
and that therefore the military court
had jurisdiction.
After reviewing the facts in the case
the court said that according TO the de-
cisions OF the supreme court OF the
United States, a military commission
was without jurisdiction TO try a civil
ian in United States territory i'm time OF
peace. He considered Porto Rico ter
ritory OF the United States and sub
ject to the constitution the minute IL
came under the control OF this govern
ment. Unless the constitution extend
ed to Porto Rico in advance OF action
by congress. congress would have no
power to legislate for the island at ALL
because VI has no authority 10 legislate
for any except territory to which the
constitution has extended.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
TWO FIRES.
One Was In an UnOccuplsd
House and the Other In the
NaTragans0tt Hotel.

An alarm was rung in from box 3e2
at 5:02 a. m. today. the recall being
sounded at Sac o'clock. The fire was
in a 2-story frame cottage on Frank
fort street. owned by William Finnary.
a driver for Molter, the brewer. The
house was occupied and painters and
paperers had been at work there. The
blaze started in clothes press on the
first floor and burned a hole in the
outside wall and ran TO the roof. The
newly painted work and the paper were
burned. The damage was $500. mostly
by water.
The alarm from box 233 at 1884 this
morning was for a slight fire in one OF
the sleeping rooms on the top moor or
the Narragansett hotel, and which was
occupied by Ave women servants. A
mattress caught fire but did no partic-
uIar damage. Night Watchman Will
liam Howe discovered dense smoke
on that floor, traced II to the room, got
the girls out and gave the alarm.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
SUBAR WINS.
Judge SWeetIand Decides That
Work Of a Barber Is Not
"MeChaniCaI Work. T"


Judge Sweetland gave a decision in
the Sixth district court tolay on the
point raised by counsel for the prose-
cution inat the private complaint OF Jo-
seph Silva VS.. Samuel Subar. The lat
ter was arrested for following his voca-
tion. that of a barber. on Sunday. The
defence raised the point that Subar,
being a Hebrew and worshiping on
Saturday, had right TO work on Sun
day. The complainant averred that the
Use OF a razor made Subar's employ
ment "mechancal work" prohibited
even 70 Sabbatarians In compact set
Elements excepting in Westerly and
Hopkinton. The trial was held last
Friday and Judge Sweetland took the
case under advisement. In the opin-
ion of the court. barbering was not
mechanical work and he ordered Su-
bar TO be discharged from custody.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
ConstabIe's Sale.

BY virtue OF an execution No. 224s0 is
sued from the District Court of the Sixth
judicial District, holden at Providence,
in the County of Providence. within and
for said District, dated February 18th,
1900, returnable to said Court May. 18th,
Providence is the plaintiff and Charles
Holland. also OF said Providence. is de-
fendant will be sold at Public Auction
on Saturday. the 26th day of May. A: ID.
1900, at ~ o'clock noon, at 10 College
dence, all the right title and interest
which the said defendant Charles Holland
had at the time of the attachment on
the original writ In the suit. In which
said execution was obtained. to wit.
IL o'clock and minutes In the afternoon
in and 10 the following described real
estate, VIZ: Two certain lots OF land with
all the buildings and improvements
thereon, situated on the westerly side
OF veazie street, in the city OF Provi..
No. "A on the Brown Plat No. of
Eva r. Olney land at Eagle Park, re-
plated A. II. 1878. from surveys by VIII
liam s. Haines. March 2lst. A. -. 1876"
which said plat Is recorded In the office
OF the Recorder OF Deeds OF the City
OF Providence on Plat Card No. 5of.
However said lots may be described.
they are the same premises conveyed by
Samuel Hedley TO Charles Holland and
wife Ann by deed dated September 18th:
I'm the office OF the Recorder Of Deeds
IN Deed Book No. 3i0 page III. to which
reference may be had. etc.
Levied On this 2ist day OF February.
a. ID. 1900. At . o'clock and IN minutes In
the afternoon. and will be sold TO satisfy
said execution " suffclent -
myi,1liS.5 Constable.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

next immediate objective OF the British.
Bradfort IS miles nearer the Trans
vsal capital is now Lord Roberts head
quarters.
What particularly gratifies the Brit
ish public is the evidence that the army
of Lord Roberts in the Orange Free
State has recovered its mobility and is
again capable of undertaking the gen.
eral advance so long retarded. IT is
hardly expected the Beers will make
much OF a stand south OF Kroonstadt
and possibly not there II Lord Roberts
succeeds in capturing Wyndberg. thus
interposing between the main federal
army and the Boer forces in the neigh
borhood OF Thaba N'Chu and Houtnek
in which case the latter would be
forced to move far to the eastward, in
which direction their mobility would
probably enable them to reach the
Bethlehem and Harrismith line Of safe
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
/ ouGsoN STILL IN cOMxAsn

Accra, May 4.-Sir Frederick Mitchell
Hodgson. governor OF the colony, ls stu
at Kumassi and his stay will probably
OF the state Of the roads His personal
danger has probably been mihlmIzed by
diplomatic means. The telegraphic SUI
perintendent was wounded after repair
Of Kumassi and communication II again
stopped. More raiding IN various parts
Of the colony In reported.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
A TOTAL LOSS.
British Steamer Montpelier Goes
Ashore in a Dense Fog on
Duck Island.

st. Johns. n. f., May 4.-The British
steamer Montpelier of the Elder Demp-
ster line OF Liverpool. Eng. Capt. Gait.
from Cardiff April z, and las Palmas
April 20, for Montreal, while bound up
the st. Lawrence. went ashore last
night In dense fog at Duck ISLAND.
three miles from Cape Ray, at the en-
trance TO CADET Strait. Nothing has
been heard of the crew. The ship is
probably total loss.
The Montpelier IL a steel vessel built
at Dumbarton. Scotland. In 1897, regis
tiers 34S3 tons gross. 2250 tons net. ana
measures 3A feet long. ass feet beam,
and 25.a feet depth.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

st. Paul, Mimi, May 4.-United States
District Judge Lohen in this city has
decided that the ratification OF the
treaty Of peace between the United
states and Spain made Porto Rico
American territory and subject to the
constitution of the United States with
out any further act OF congress.
The decision was given I'm the case
OF Raphael Ortiz. n Porto Rican, who
is seeking release from the state prison
at saltwater on the ground that his
trial for murder by a military court
was unlawful because as an American
citizen he was entitled no a trial by
Jury. His application for a writ OF ha-
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
flAMIIfE sEEKsANEH TRIAL.

Plinuffs petition for new trial IN
the case OF Ellen Johnson vs.. ID. T. u.
Granger. city trea surer. was heard by
the appellate court TODAY. Mrs. John
son was Injured on sept. ". isa1. by fall
ira into hole near a plank walk on
defendant.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
A NEW TRIAL reNIeD.

In an opinion handed down today In
the case of Robert McCarden vs. Thomas
Miller the appellate court denies de-
fendants petition for n new trial The
court tnds no error I'm the decision rem
dered by Mr.. Justice Stiness. by whom
the case was previously heard. JudR-
ment for plaintiff II given I'm accordance
with the decision.
This controversy was over rent Of the
St George hotel when Washington street
was Widened
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
The INDEMNITY CLAIMS SITUATION.

Constantinople. May 3.--The situation
regarding the American indemnity claims
T. unchanged. AS a result of representa-
tions BY Lloyd Grlscom. the American N
charge d'af1aires two Armenians who had
been prevented from embarking by the
authorities at AleNanderetia as subjects
have been allowed TO leave and the Incl
dent A. closed.
The statement that. the United States
consul az AleXanderetta was maltreated
- the police there As untrue
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
The Only Opposition.

The only opposition the British en-
countered at Brandfort seems to have
come from the ish-American COM
mand.
The Central British army is now in
line with the extreme left at Boshof.
under Lord Methuen and the extreme
right at Elandslaagte, under General
Butler so that movements OF these
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
R.openIns Of the p,ovId.nee Line.


Announcement Is made of the resump-
ton OF trips of the Providence Line COM
mencing May 1st. The Steamers Rhode
Island and Chester W. Chaplin will be in
commission. Boats will leave Fox Point
week days only at $40 p. m, due New
York 700 a. m. Returning leave New
York from Pier IS. North River. week
days only at SEQ p. m, due Fox Point
Wharf Providence. at 500 a. m. Com
menclng about June lst, the Summer
schedule OF this Line will be operated.
after which date Saturday night trips
from Providence win be omitted and the
Sunday night boat placed in service.
touching at Newport en- route TO New
York. Eastward. Steamers will touch at
Newport en route TO Providence COM
mencins on the same date.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
lANTz SHOOTS HIS SWEETHEART
AND THEN KILLS HIMSELF.

Chicago, May 4-W. Lantz. an iceman,
shot and instantly killed his sweetheart
l3abbie. Edwards. and then turning the
revolver on himself inflicted a wound
from which he died within an hour. The
shooting took place I'm a Madison street
saloon last night The cause OF the double
tragedy Is said TO have been jealousy.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
300 STILL OUT.
The Situation In the Painters
Lockout In This City Prac-
tica|ly Unchanged.

The journeymen painters belonging to
the union met again at the Labor Tenn
pie on Mathewson and Washington
streets, today, and discussed the situa-
ton. A few more men were taken in
as members. There are still coo men
out OF work by reason OF the lockout
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
VILLAGE NttRlY DESTROYED.

Metropolis. III. May. i-Grantsburg a
small Village on the Illinois Central rail-
road. 10 miles north Of here. has been
alnost totally aestroyed by fire. Only
the post office and saloon were saved
The total loss will amount 10 more than
$4,000.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
RarK RnnEERs ESCAPE FROM JAIL.

Havana. H.. MAY Frank Clark. alias
"pago frank" alias Frank Smith. alias
Prank Steele. and William j. Browning,
inmates uf the Mason county jail. and
under indictment for the robbery OF the
bank Of Esston. H.. April IL, have es-
oaped from the jail here.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
Evacuated BY Beers.

Thaba N'Chu, May 3.-The Beers
have evacuated Thaba N'Chu Hill and
are believed to be still trekking, though
one gun has shelled the camp indis-
criminately. Scouts report that some
of the Beers retired toward Wepener.
They believe the Beers evacuated the
position during the night, trekking
northwardly in three directions.
General French left today. General
Rumble is in command here. 1t is ex-
pected that General Brabant will effect
a junction at any moment.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

Lord Roberts reports TO the war Of
fee as follows under date Of Brand
fort. May 3:
1--WE occupied Brandfort today with
out much opposition and without. l
hope, many casualties. The first brig
ade OF Mounted Infantry covered the
left flank of the Fourteenth Brigade
of the Seventh DIVISION. and the right
flank was supported by the Fifteenth
Brigade. Pole Carew's division ad-
vanced directly on Brandfort. The
Boer army which was under command
of Delarey, retired in northeasterly
diractior
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

PROVISION BUSINESS. ~ MILES
from State House; modern. elegant
marble fixtures; 2 teams; large busi-
ness $4,000. easy terms: very profit
able investment. NJ. T.. Shorey, 2S
School street. Boston.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
WAGE INCREASE CONCEDED.

Seymour, Ind, May 4.-The wages of
the striking Baltimore and Ohio South
western have been adjusted and the Off
cials have conceded an increase OF 10
cents per day from the first OF this
month.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
Rstreatlng 10 Wyndhsrg.

The Boer army which was at Brand
fort was commanded by General De-
larey. 1t is presumably retreating on
Wyndberg which possibly will be the
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
MASTER PLUM BERS
To Close Early Saturdays
During the Summer Months.

The Master Plumbers of this city and
vicinity have agreed to close their Plumb
ing Departments on SATURDAYS at 1
o'clock during the months OF May, June,
July. August and September ist. sth and
18th.
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04

For HsIstone, Photo, Wood tnersv'ry,
Printing. best WORK, low prices. see The
The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-04
Lord Roberts Report.

wings in cooperation with the main
army may shortly be expected.