davidaulloa/AmericanStories huggingface dataset:
Evening star., 1901-12-11

and consider the tragedy from the stand
point of the other facts connected with 1t.
The assistant United States attorney de-
clared that taking this view OF the case.
the governments contentions had not been
successfully assafiedf By the Defense but
timony. ;Jt I'll
Mr.. Taggart recited the situation OF
things in Ayres. room the 18th of May and
deduced that the deceased went deliberately
to bed the preceding night At $50 O'Clock
he bade Miss Lawless good night and retired
to his room. Half,an nour later Hargrove.
the watchman. raped At Ayres' room. The
latter got out of bed, having retired. He
went down STAIRS fN0t' expecting to be long
out of the room, he very probably turned
his gas low. Later, ths speaker contended.
when he again retired. he forgot the light
and left it burning very dimly. as 1t was
found in the morning.
Mr., Taggart asserted that the govern
ment had proved beyond all doubt that
Ayres was entirely sober when he finally
retired the night OF May IA, or early the
morning Of May IS. at 12:30 o'clock.
Continuing. Mr.. Taggart sadd:
I'VE find his body on the noof. A woman
sequentiy it developed that the woman was
Mrs Bonfne Wa1at would you naturally
expect of woman who had inadvertently
caused the death OF mani What would
have been the conduct of an innocent wo-
man under these circumstances. She would
have raised cry"
on the contrary, according to Mr.. Tag
gart, Mrs Bonine did all that q guilty per-
son would do, and not one OF the things
that an innocent person would have done.
OF the case declared Mr.. Taggart. the jury
would. without doubt return verdict Of
guilty of murder.
! IF you cannot find reason Ia her state
Evening star., 1901-12-11

ing defendant with the killing OF deceased,
as well as tending to exonerate her from
criminal liability therefor. The jury are
instructed that they should consider the
whole of these statements; but that they
are not bound to give equal credit to both
branches of them. II they are satisfied be-
yond a reasonable doubt from the other
evidence in the case, including the circum-
stances surrounding the killing, and the
discriminating parts of said statements,
that parts of said statements which have
tendency to exculpate the defendant are
incredible. inconsistent. unreasonable and
untrue, they may reject said parts. and ac-
cept only so much of said statements as
they believe to be true. And In this con-
nection, IN considering the weight to be
given those parts of defendants statements
which have for their object her exonera-
ton, they should consider the deep personal
interest which defendant had in coloring or
Withholding the actual facts.
Absence of Motive.
2. II the jury believe that the defendant
and deceased were alone In the room at the
time of the shooting and the defendant
shot the deceased with the intent to take
his life or to infiict upon him serious bodily
harm. and that such shooting was not nee
essary to protect her own life or to save
her from serious bodily harm, they should
then find the defendant guilty, notwith-
standing the evidence falls to disclose a
motive for her act.
g. The effort of the government Is to
prove crime in this case partly by cir
cumstantial evidence. This is not unusual
The law recognizes such evidence as COM
petent to establish murder or any other
crime when the circumstances are such as
to leave no reasonable doubt of guilt. Many
probably a majority Of convictions Of
crime are had upon circumstantial evi-
dence. By circumsrantial evidence in GRIM
inal cases Is meant evidence which proves
a series of facts from the existence of
which guilt Is inferred.
4. The court instructs the jury that IL
they believe that the opinion and conclu-
sions of the expert witnesses are worthless
or unreasonable in the light of the facts In
the case, they have the right to reject such
opinions. partially or entirely, in making
up their verdict.
The Hypothetical Questions.
s. The court instructs the jury that they
should not take for granted that the state
ments in the various hypothetical questions
propounded to the expert witnesses are
true. II you find from the evidence that
any of the material statements therein con-
lained are not correct. and that they are
such q character as to entirely destroy
reliability OF opinions based upon the
Evening star., 1901-12-11

ment Of exculpation." added MIR. Taggart,
the jury would be justified in rejecting
the same. II that be done. we are con-
fronted with the circumstances have de-
tailed" sa~ -
What Defendant Said to Mr.. Gardner.
Mr.. Taggart next called particular atten-
tfon to the testimony that the afternoon of
May 10 Mrs. Bonine said to Mr. Gardner:
II can't wash 1t out: shall destroy it?"
Destroy whatT' asked Mr.. Taggart, with
emphasis.
Was 1t thfs wrapper that we have seen
SO much OF here in court? II the defense
has clearly established anything here 1t
has made plain that the defendant did not
wear this wrapper that night"
Evening star., 1901-12-11

nypotnesis stated, you should attach no
weight Whatever to the opinions based
thereon. You are to determine from all
tne evidence what the real facts are. and
Whetner tney are correctly or not stated in
the hypothetical question or questions And
you are further instructed that an opinion
based upon hypothesis incorrectly as
sumed, or incorrect in it's material facts ia
or little or no weight.
D. Ihe court instructs the jury that the
intent necessary to constitute malice afore
thought need not have existed for any par
ticular time before the killing. but may
spring up at the instant and may be in
ferred from the fact Of killing
.. Ihe court instructs the jury that while
acts OF concealment are not to be con-
sidered as alone conclusive. or as creating
legal presumption of guilt they are cir
cumstances to be considered and weighed
by them in connection with the other evi
dence In the case upon the question of the
guilt Of the accused.
The Conclusion Reached,
The discussion regarding the prayers Of
fered by the defense resulted in an under
standing that the first one should be en-
bodied in the general charge by the court:
that the second should be granted: that the
third should be granted. with the word
alone" omitted; that the fourth and fifth
should be embodied in the general charge
by the court, with the words while he
was in the peace of the United States
omitted: that the sixth should be granted.
with the word accidentally" inserted be-
tween the words was and shot," that
the seventh should be reserved, the de-
fense to be satisfied Ii the court should
include the latter part Of 1t In the general
charge; that the eighth should be embod-
led in the general charge, with the words
reasonable doubt omitted; that the ninth
should be reserved.
Defense Notes Exception.
The court granted the governments first
and second prayers; granted the third, with
one sentence stricken out; granted the
fourth. with the addition OF land conclu-
sions'' after the words "such conclusions;' -
and granted the NTH and sixth and seventh.
the defense noting an exception to the
granting Of the seventh prayer.
Later the court decided to restore the
word ''alone." previously stricken from the
third prayer submitted by the defense.
In opening. Mr.. Taggart stated that II II
had not been for the statement made by
the defendant, there would be no question
OF her guilt. Her steps to hide her con-
nection with the killing, eliminating her
statement from the issue, clearly Indicated
guilt. Mr.. Tasgart asked the Jury to elira-
inate, for the time being. the statement.
Evening star., 1901-12-11
DENIES sTIFF's STATEMENT.

Herbert Marx Declares He Did Not Of
fend Rose Taylor.
Herbert e. Marx. now In New York. has
made statement denying in toto that part
OF the story Of James @. stiff which refers
to the formers conversation with Rosie
Taylor. and which. 1t Is alleged. was the
prime cause Of the tragedy at Oak Grove
Va.
Marx declares that he committed no Inn
proper act and. that Miss Taylor, who is
fifteen years old. q mere gifl. n entitled
to respect and to the belief that she was
not. treated other than a . sentlemanly
mannag.
Evening star., 1901-12-11

buroen OF Presenting Proof
3 That the jury are instructed that n w.s
not incumbent upon the defendant TO intro
duce any evidence in her behalf but undar
the law the burden Is upon the government
10 establish the guilt of the defendant be-
yond all reasonable doubt. But In the event
OF evidence being introduced by the defend
ant, tending to establish innocence this
fact In no sense shifts the burden of nroor
nor does 1t relieve the government Of tho
positive duty Of establishing afirmativeIv
ana upon the whole case, the guilt Of the
defendant beyond anv reasonable doubt
whether in the opinion of the iIry the e,,i
oehce adduced by the defendant is conclu-
sive not Nio
That the jury are Instructed that -
rom tne evidence they believe that the de,
Iendant entered the room of the decea sed
with no intent to do the deceased baS;,,,
harm or injury, and that the deceased nv,
threats and menaces, with a deadly weanon
In his hand then and there attemnted 70
violate the chastity of the defenda nj
against her consent. and that the defend
ant had reasonable grounds to believe in
the ability of the deceased to carry said
threats or menaces into execution that the
defendant. under the law, had a right to
employ such force as might be necessary
to repel or prevent the assault. and that
she cannot be held answerable for. the re-
suits incident to said threats and menaces
and the resistance Of them.
Prayers offered by Governnehf.
The court and counsel next considered the
governments prayers. as follows:
In this case the government as
In evidence certain statements
6eferdanf which ronfafr rr<tfF
Evening star., 1901-12-11
ANIMAL GREW nHsTrvn.
Scene Caused by Presidentss Horne
While Being Clipped.

Scene Cease0 by President's Horse
While Being Clipped.
There was lively scene In the vicinity OF
the hay market at 10th street and Louisiana
avenue Monday afternoon. when the task of
clipping the magnificent pair Of sorrels late
ly purchased by President Roosevelt was In
progress. The blooded animals were restive
under the ordeal and one of them broke
away while the clippers were being used on
him. and. scampering across the broad
plaza. attempted to break through the high
Iron fence that surrounds the grounds of
tho Smithsonian Institution. The fence
u a massive one and proved its strength
but 1t was not injured seriously.
After lively scufffe the spirited sorrel
was captured and brought under control
and the process Of clipping was concluded
without further incident.
Evening star., 1901-12-11
DEATH BY DROWNING.
Body of Basil Chase Found in Eastern
Branch.

Branch.
Thomas Berry. aged eight years. of 324 N
street northwest, while playing with sever
al companions at the foot Of 4th street
southeast. on the shore Of tho Eastern
branch, was startled by the discovery of
the body of colored man floating In the
river. The boys notified Policeman Price
Of their find. and the body was removed to
the morgue and the coroner notified
Later In the day colored woman called
at the morgue and Identified the remains as
those of her husband. Basil Chase. OF No. 10
4th street northeast.
The woman stated to the police that her
husband; who ts slightly demented, left
home yesterday morning. There were no
marks Of violence on the body. and death
was, It Is stated, caused by drowning. The
coroner win probably issue a certificate Of
accidental death.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04
larry Thou Till Come

The Wandering Jew is having a
wonderful revival in literature late
ly. The first book inth is fascinating
field was Salathiel, by George Gro
ly, Christ's words to whom larry
Thou Till | come, spoke beneath
the weight of the cross to the scott
ing Pharisee, sets the Jew wander
ing. Most notable followers of this
story were Eugene Sues master
piece, and The Princess of India, by
author of Ben Hur. General Wal
lace himself praises Corly's Sala-
thiel as one of the six greatest Eng
lish novels eve written. One New
York publisher has lately issued an
illustrated edition at $40 net. Now
comes John B. Alden, so we'll known
as the pioneer in cheap book pub
fishing, With an excellent edition at
25c; even this, with a view to widely
extending the knowledge of his
publications he offers to mail post
paid to the readers OF The Journal
for the nominal price of 12c, if they
will order AT ONCE, and mention
the paper. Doubtless many will
occept his offer. Address, John b.
Alden, Publisher, 442 Pearl Street,
New York City.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Dearest mother thou hast left us.
In this dreary world below;
All the Joys you have in heaven
In this world we do not know.
Oh, the days are sad and lonely
since dear mother, thou hast gone,
And our lives are full of SORROW,
Since you left our loving home.
Now our hearts are torn and bleeding
When we think thy voice we hear,
In the dark and midnight hour:
dearest children, are YOU here"
Yes, dear mother, we will follow
In the footsteps thou hast trod,
leading to our home in heaven
Where We hope to meet our God.
We will work and do our duty
Asyou babe us days ago.
For we know tits for our Savior
That we sorrow here below.
lis so sad to do without thee
In this dreary world to Dam,
But We'll work until III Savior
Calls His loving children home.
oh. how sweet will be the meeting
When our weary life is DER,
Their to meet our dearest loved ones
In that world which we adore.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04
-Four Dollars, Worth for One.

The Des Moines Daily News a complete
daily newspaper with the full Associated Press
market reports and all the news Of Iowa and
the world. is sent by mail for $1.00 a year, rs
cents for six months, 80 cents for three months,
% cents for one month. THE News is a family
paper, free from abuse and fair to all. Its
children department alone is worth the price
of the paper and its literary features are unex-
celed. Its circulation exceeds that of any four
other Iowa Dailies combined. Address, 1.-THE
News Des Moines, Iowa.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Before placing yOtsr orders
for monumental acOrk gice as
a call. OmIytAe best grades of
furesgM and domestic marble
and granite used. Sntistac-
tiOn guaranteed an material,
scOrh;sn a.tship and price.
>. r.. GRANT.
ltlNNtic. IOaC0.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04
Go to the new shop for your horse

Just as Miss Ada Allen was ready
to put her bread in the oven last
Saturday afternoon, her gasoline
stove, without ceremony, blew up.
setting fire ton the kitchen. and for
a few moments CONSERVATION ran
riot in that house. The fire was
quickly put out, but Miss Ada was
compelled to take her bread to a
neighboring house to have it baked.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

We have several insurance COM
panies and you may have your
property insured in one of them.
In looking I'VE policies lately we
have found a great many with flaws
in them which, if anything should
happen, you would not get your in
surance. We want to help you. If
you will bring your policies to us
we will examine them free whether
we handle your company or not.
WISSLER & MARLIN.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Guy Nicholson, a brother of Har-
ry Nicholson, of Audubon town
ship, arrived from Illinois the 9TH
err day to pay Harry and wife a Wis
it. but had no oon got here than
he was pounced upon by Hans
Hansen, the West Town blacksmith,
who engaged him to work in his
shop. Nr. Nicholson has moved
his family to Extra and will con-
tinue to ply his trade.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

MoNEY!-We are now prepared to
make your farm loans!! optinal pay
ments. with as low rate ofinterest as
can be made and on as short notice
as any agency anywhere. We want
you to come and see us before you
borrow as we are prepared to save
you money. WISSLER & MARLIN.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

DR.. and Mrs. ]. c. Newton of Extra
iowa are guests of their old friends
Mr.. and Mrs. j. w. Nc Claim at No.
~ Kinney street, Oceanpark. Mir.
and Mrs. Nc Claim have just moved
into their new home and are very
enthusiastic over the beauties of
O~ceanpark, and hope to get d numb
er OF their old Iowa friends to come
out II get away from eastern
blizzards.-Santa Monica Outlook.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04
Elgin. Waltham and Hampden
watches at rock bottom prices.
p. NJ. CHRISTENSEN.

Last Saturday afternoon J. S.
Smith arrived from his trip to the
mountains, and will pass July
Fourth with his former neighbors
and friends before returning to his
home at Corning.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04
Letter From Arkansas.
From nissouri Valley Times.

v !ASSOuFl NdicS LINES.
We take the liberty of publishing
a portion of a letter Just received
from Mrs. Belle Crane, of Extra,
daughter of D. M. Harris, who has
gone to Arkansas for her health,
and which gives her first impress
ions on reaching that land:
ALTUs, ARKANSAS, June 16. 1901.
Well, here we are at last. How
strange it seem to wake up this
morning in this strange land. If
we hadathe colored people down
here it would seem lust like our old
Tennessee home, but since the war
they have scattered. The houses
here are all built on the old south
ern style-hall extending the entire
length of the house, dividing. it as
1t were into two seperate homes,
with long porches the entire length
of the buildings, and l find them
very pleasant places to sit during
the evenings, but the strangest
thing to me is the soil: it is so diff
erent from the black, rich soil of
Iowa: it is much the color of choco-
late, and mixed with gravel and
stone. but | am told it is very pro-
ductive. On our east is large hills
or mountains all covered with
heavy timber, but the people are
building residences on the side of
these hills. and on the very top of
the mountain is a large Catholic
church.
The population is largely German
and they r planting vineyards
and manufacturing wine.
l do not see any blue grass, and
the door yards look like clay we'll
tramped down, and to me, it looks
hot, and yet it is not hot and op-
pressive here as in Iowa, nor is the
air so damp sat on the porch last
night to a late hour and felt very
comfortable, and the night air did
me do harm, and you know l could
not have done that in Iowa.
| have a nice place to board, a
large roomy house, pure air, good
water, and plenty to eat, and think
| shall like it here and believe it
will be good to be here.
The trains do not run so smooth
down here as in Iowa, and it was
very dusty, Sc much so that the
windows had to be closed, and even
then the smoke, dust and cinders
filled the cars so as to make it very
dlsagreeable. and | found that it
had worked it's way into my trunk.
Another thing that struck me as
a little strange was the fact that
down here Negroes aud Indians are
not allowed to ride in the cars with
white people, though they have just
as good cars as the white people
have for their use.
The crops, SO far a | have seen,
look rather backward until we en-
tered the Indian territory, and from
that down crops look very nice.
Corn and Cotton is fine. and | can't
see but crops in this section look
about as we'll as in Iowa. aud furth-
er advanced in growth.
have hardly had time to gather
my thoughts together much less
write a letter, but after l have had
time to rest viii try to give You
my impressions of this country.
Say 10 friends that | enloyed the
trip, feel we'll, and with very pleas
ant surroundings will no doubt,
soon be able to eat full rations and
be we'll. You must keep we'll, Pa,
and write.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04
Sixth Regiment of Infantry.
Nc Dowell's First Brigade,
Sherman's Fifth Division,
ARMY of the Tennessee.
the reverse side:

Or the reverse side:
Sixth Iowa infantry, commanded
by Capt. ]. w. Williams. The Sixth
Iowa infantry held it's position near
its camp on the Purdy Road, being.
the extreme right of the army, IN
til 10 o'clock a. M, April 6, 1862,
when it moved to the left and rear
and IA engaged against a strong
force of infantry and artillery in
this vicinity for four hours, when
it retired to the Jones field, and fin-
ally fell back and was formed in
the line supporting General Web
ster's artillery, and was engaged
there when the battle closed at sun
down.
In detachments commanded by
company officers, the men partici-
pated in the movements of the army
throughout the day on the seventh,
and were among the last to fire on
the re%treating enemy beyond our
camps at Shiloh church.
Present for duty-Officers 27; men
Cos. Total $50.
Killed, 81; wounded, l13; captured.
81. Total POP.
The above inscription is to be
placed upon the monument to mark
the piece of ground occupied by
the Union troops to which Sam d.
Harm, OF West-town belonged, and
where he was wounded.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

d. E. Stranger and wife and son
Harold will leave some time this
week for Denver, Colorado Springs
and Pueblo, Colorado, to pass three
or four weeks climbing about
among the mountains of that re-
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

John d. Bush received word last
Saturday that his sister, Mrs. Tuck
er. whose home is at Tabor, Iowa,
was very i'll and not expected to
live, and MI. Bush and son Henry
immediately departed for that city
to attend her bedside.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Geo. Wahlert came home from his
visit out at Hill Rose, Colorado,
last Saturday night and was accom-
panied by his daughter, Miss Min
ME Wahlert, whom her many young
friends wereg glad to welcome home.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Last Monday Mrs. Marshall Smith
and daughter Mabel, Miss Lille
Hunt, Mrs. Geo. Wheeler and Kirk
Knox started for the vicinity of
Denver, Colorado. to be gone for
some time. Mrs. Smith and Mabel
go to Loveland, Colorado, to visit
her sister and will be gone until the
frosty days of October come.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Mr.. and Mrs. C. T. Waits enjoyed
an over-Sunday visit from Harry
Finkbine and wife, of Atlantic, who
came up to e how affairs were
getting along at the Green Bay
Lumber Yards in this city.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Miss Susie Rieff, who has been at
Omaha studying music at a con-
vent, returned to the home of her
parents in this city one day last
week
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Miss Edith Davis and her friend,
who have been here on a short visit
to relatives, returned to their home
in Omaha last Sunday morning.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Mrs. Sam Scharff closed her
south of town last Friday with a
picnic in the fine artificial grove
that surrounds the schoolhouse. A
big five-gallon freezer of ice cream
and other choice morsels helped
the young people to pass the time
both quickly and pleasantly.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

r. G. Watterson and Grant Jones
have just completed a corn crib for
Lon Littlefield on his Audubon
township farm. that is 25x42 feet in
size and is built in a very substan-
tial and artistic manner.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Mrs. Bessie Wilde came down
from Ross Sunday morning and is
passing the glorious Fourth of Ju-
ly with her parents, Mr.. and Mrs.
w. H. Bowman, out in Woodlawn
Park
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

Will Parrot, who recently sold
his farm in Audubon township, has
purchased the William McCaw
farm a little way east of Ross, and
will move up there next spring.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

il. Hensley is having the work
men beautify his fine large home
On Upper Washington Street IN this
city with a fresh coat of paint. ]. S.
Harrison and his gang r doing
the work.
Audubon County journal. (Exira, Iowa) 1884-1993, 1901-07-04

George Murphy has beautifed
the outside of his residence With q
coat of pretty paint.