davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
PREJUDICE
AGAINST
CLIENT.
Lawyer Thought II Existed and
Wanted TO Examine Each
Juryman Separately.

The trial OF the suit OF August Sjol-
ander against James T.. Kay, Frank Il.
Kay. his wife. George Potter and wife, to
recover 5000 for alleged assault. was be-
gun in Judge Dubois court today.
Plaintiff claims that on Sunday, July
q. 1901. he was chopping wood on his lot
I'm Seekonk and the defendants were en-
gagged in shooting with pistols at "a tar
get some go yards from where they
stood. A ball from one of the pistols i'm
the possession Of the defendants hit him
In the leg.
w. NJ. p. Bowen. counsel for the plain-
tin, asked leave of the court to interro-
gate every member OF the jury that was
empanelled as TO whether he had any
Dubois thought the best way would be
To question any particular juror that
might be supposed To have a bias against
plaintiff. Mr.. Bowen preferred the other
way.
Judge Dubois then asked any members
OF the jury who had any prejudice against
the plaintiff TO speak up. No one spoke.
Mr. Bowen then asked Juror Edward
EucheS III he was member OF any Sc
cret society. Mr.. Euches said he WAS
an Odd Fellow. Another juror was asked
general questions and then Judge Dubois
could not see the good OF such a course
Mr.. Bowen called the plaintiff TO the
witness stand and was about TO ask qnes-
tions, when the court intimated the Jury
had not been sworn. Mr.. Bowen replied
he wanted TO show prejudice on the part
OF CFrtTrfrr ttttor---
Judge Dubois again ruled against coun-
sci and the old way OF taking off Jurors
from the panel was resumed and about
all the jurors were challenged by one side
or the other and a new panel secured
The examination OF the jurors as desired
today is not usually requested. Counsel
In some cases take off men with obiec-
tionable names and i'm other cases take of
men whose style does not suit counsel
Page A. Cushing are attorneys for the
defendants
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
FRAUD CHARGED.
Stockholders In Golden Chariot
Mine Bring Suit.

Boise, Idaho, Dec. ia sensational
mining suit, involving the title to the
famous Golden Chariot property, which
has produced $l8O0.O0o has been filed
in the United States court here. The
suit was brought by the Golden Chariot
Mining company. the stockholders OF
which are mainly San Francisco people.
against Timothy ReEan Of this city. and
the War Eagle Consolidated Mining COM
panN.
After the crash I'm 1873 the Golden Char
lot was closed down. Subsequently IL was
relocated and finally passed into the
ownership q Mr.. Regain The War Eagle
company holding am option from Mr..
Regan. a. driving n long tunnel In order
to reach the vein many hundred feet
below tho old workings
The present suit a. brought for the pur-
pose of receiving the uue TO the mine
DO being alleged that the relocation OF
The property for alleged performance
OFF assessment work was tho result OF
fraudulent conspiracy.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
BUILDERS
ARE NOT
LIABLE.
McCaffrsy, Hurt by Defective
Drop Press, Loses His Case
Against MOssbarg& Granville

The appellate division OF the supreme
rourt today handed down its opinion in
the case of Frank McCaffrey against
Mossberg q Granville Manufacturing
company. The demurrer OF the defend
ant is sustained.
sFhe issue involved in this case is for the
first time passed upon in this state,
though The point has been decided I'm 9TH
cr states.
Plaintiff was in the employ of George
w. Dover and was injured by the drop
at "A press falling on his hand The ma
chime was purchased by Dover of the de-
fendant company, and IL was alleged that
the company was liable because II knew
or might by the exercise OF reasonable
care have known, that the machine was
az defective construction.
Defendant demGrrcd TO the declaration,
raising the question as To whether the
maker OF a machine, which he sells 10 an
other Is liable 10 a third person for in
J!rlcs arising from negligence In It's con-
Gases which involve the liability of
defendant TO those unto whom he does not
stand In privity OF contract says the
court in the opinion handed down today.
may be grouped with three classes; a.
where the thing causing the injury - OF
noNious or dangerous kind; C2l where
the defendant has been guilty of fraud or
deceit i'm passing off the thing; CD where
the defendant has been negligent only in
some respect with reference TO the sale or
dangerous"
After reviewing the decisions in regard
go these several classes Chief Justice Sti-
ness. who writes the opinion, says:
I've think that the result of the cases
on this subject clearly establishes the
weight Of authority i'm favor of the rule
that where The cause OF the injury is not
ga It's nature imminently dangerous, where
10 does not depend upon fraud. conceal
mcnt or implied invitation. and whore the
plaintiff is not IN privity OF contract with
tho defendant an action for negligence
cannot bc maintained.
The reason FOR The rule In well stated
in Thomas vs.. Manchester as follows:
II build wagon and sell IL TO b. who
sells IL 10 j., who ia consequence Of the
gross negligence Of A I'm building tho
wagon Is overturned and injured, u can
not recover damages against \ a. the
builder As obligation 20 build tho wagon
faithfully arises solely out of his contract
with Vs. The public have nothing To do
with it Misfortune To third persons 60
third parties not parties 20 the contract
would not be natural and necessary con-
sequence OF the builders negligence, and
such negligence ~ not an act mmncntly
dangerous TO human life The declara-
tion in this case simply charges ncgli-
gencc thout any of the other necessary
clements. and hence the demurrer to the
declaration must be sustained
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
AT Dinner.
Mayol-EIact Low Entertained
BY Faculty Of Columbia.

New York, Dec. 1l.-Nearly four hun
dred men last night gathered I'm this city
for dinner TO Seth Low. The dinner was
given by the members OF the Columbia
University faculty in honor Of the retiring
president OF that institution. Mr.. Low
said;
And here again We find the sons of CO.
lumbia summoned for the battles for good
government. They have now a great op-
portunity to serve the city of New York
in such way as will do her permanent
good. We have Columbis's reputation be-
hind US. IL we fail IL will be because we
do not strive to be worthy sons of a
worthy Alma Mater"
Speaking OF his having been chosen as
fusion candidate. Mir Low said:
II had been obliged 10 decide whether
had greater opportunity In serving the
city or the university. ! do not know
which ] would have chosen. but I rather
think | would have chosen the university
hoped TO the very last that the leader
ship might come 10 some one else i'm the
municipal campaign but I was called and
] leave IL 20 YOU whether ] should have
answered that call
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
RECEIVING
STOLEN
PROPERTY.
DoIIis Gay Accused Of Re-
celvIng Loot From OsvoII's
jeWsITy Store.

An arraigrment of a young woman,
made in the Sixth District court today,
adds another chapter to the Westminster
street jewelry store raid of last Friday
night.
The prisoner was Dolle Gay. quite well
known to the police, who was recently lib
Grated from Cranston. where she was
taking vacation az a lewd and wanton.
Dollie. a petite French Canadian, was
charged with having received rings
valued at sSS. brooches worth s., chains
s2o, and albums ~, an or The vafUs or SO,
knowing the same TO have been stolen
The property enumerated was part Of
the loot from +. Usher Devolls store and
was received by Dollie Gay from Eddie
Taylor. one OF the two young men who
did the Devoll job.
Dollie and Taylor roomed on Fountain
street and IL was i'm her apartment that
the stuff was found.
Dolie pleaded not guilty and was held
In $40 for trial next week. Friday.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
SHOT, He
SAYS, BY
ANARCHIST
IVsagh Declares That Horr Is
the Publisher Of AnarChisiic
Literature.

New York. Dec. 11.-Francls Iveagh, an
editorial writer on an afternoon paper.
was shot early today by Alexander Horr.
bookbinder and printer, and is I'm a
critical condition.
When Horr was later taken before
lveagh 10 be identified the latter said TO
Horr: You arc the man who shot me.
You are an anarchist and a publisher of
anarchistic literature"
lVeagh rented room FOR himself and
his wife and 4-year-old son from Horr
about a month ago. The rent had been
paid up until today. and yesterday Iveagh
told Horn that lac intended TO move.
Conflicting stories are told as TO the
causes OF the shooting, but IL seems TO
have followed an attempt by Iveagh to
enter his room after he had been locked
ont bV HOrr
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
HAND CRUSHED.
Miss Moraney Sues Laundry
Firm for $4,000 Damages.

Before jury in Judge Blodgctts court
was begun this afternoon the taking of
testimony In the suit Of Emma Morauey
80 recover 5000 from W. and j. Hcuncssey
who conduct q laundry on Arnold street.
The plaintiff Is L. years or age and had
her left hand badly injured iu mangie
while IN tho employ OF Tho defendants.
Miss Morancy testified she had been at
work in the laundry 1--WE or six weeks
when she was set 90 work az 90 machine
that was dangerous and imperfect she
also claimed she had received no mstruc-
tiOu ~ TO the operation Of the same and
further was told unless she went TO work
AT u she would bc discharged
charles \. Wilson and W. J Brown arc
Attorney for the plaintiff and Walter B
Vincent Is attorney FOR the defendants.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
TARIFF DEBATE CONTINUED

Berlin. Dec 1i.--Continuing the tariff
debate IN the Rcichstag today. Count Won
kanitz the Agrarian leader, declared that
the shaping OF Germany's commercial
relations with America will be the most
important task before the country FOR the
next decade
lie further declared that the United
States Great Britain and France were by
no means convinced OF the oXpcdicucy OF
concluding commercial treaties OF long
duration Germany must not repeat the
mistake OF not dcnounCing in time the OK
istug commercial and most favored ma
tiou treaties.
10 would hc quite wrong. Count Won
Canitz declared. 10 abolish or reduce the
duties on iron. and he intended go pro-
pose the establishment Of udv8lorcm
duties against countries imposing al vale
orrm duties
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11

Allen. who is about 20 years old, has
been In the employ Of l.. A. Sheldon and
Il. H. Price. contractors at Riverside.
Saturday he called upon Mr. Sheldon
at his home in East Providence and found
him confined 10 his bed. Mr.. Sheldon di-
rected a member of his family 20 pay
Peck his weeks salary, which was some-
thing like s..
While i'm the house Peck, it is alleged.
got glimpse OF Mr.. Shelden's style OF
writing, and at once made out an order
for his pay, and then went 60 Mr.. Price
and collected il again, presenting Mr..
Price with an order supposed 10 be signed
by his partner Mr.. Sheldon.
When the partners met on Monday and
compared notes Mr.. Sheldon denied that
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11

emphatically, don't go too far down
lhe stream but rescue your man above
the falls and in saving him you will also
save others from evil influences on either
side"
That is just the plain position as to
Washington street.
ONE REFUSED; OTHER GRANTED.
Nicholas Sheldon and f.. I. Nickerson
or the board of trustees of the public IL
prary appeared before the commission to-
| day, and essayed to explain their oppo-
sltion to the Dreyfus and Endicott APP
pncations. Their appearance was. no
uoubt, due TO the suggestive paragraph I'm
| The News last evoning. that licenses had
already been granted TO the Perrin house
Newman and Hanlex Brewing company.
all within the shadow OF the public IL
brary.
They acknowledged that the board had
fun power and could grant any appiica-
tons at Its pleasure, nor did they expect to
at their pleasure. nor did they expect to
purify Washington street compiete. They
supposed that there would be several
liquor licenses granted for locations on
washington street but such locations
should not be permitted to lead astray
young men and girls in their teens
The commissioners are also firmly OF
the opinion that no place will be accorded
license or allowed tn retain IL, IL such
place is made the rendezvous OF persons
OF questionable reputation. The holder OF
every license will be- obliged to strictly
conform TO the law and anything that
does not SAVIOR OF n moral character will
be promptly scrutinized and squelched by
the police.
The commissioners this noon refused
the application of the Endicott and Mana
ger Mclaughlin, upon Instructions from
Captain Matthews promptly locked the
barroom doors.
Mr. Dreyfus appeared again before the
board, this afternoon. He agreed to trans
form the private dining rooms on the
second floor into sleeping apartments
and. upon this condition and promise, his
license was granted
This afternoon at o'clock, the board
gave a hearing on the Carroll Holland
contest for a certain location on Eddy
street two parties applying for license
to business at the same place and there
Continued on Page Two.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
PLANS SEIZED FOR DUTY

Victoria, II. c., Dec 1.-THE plans for
the new Westminster bridge. for which
the government Is calling for tenders
have been seized by the collector OF GUS
toms for duty
They were prepared at Kansas city by
Mr. Waddell. the bridge expert and the
collector contends that they are liable
To 5000 I'm duty. The plans OF the Puget
Sound Bridge and Dredge company for
the proposed bridge az Point Elice were
seized for the same reason. The prOVin-
Cial government Is appealing To ottawa
against the action Of the collector. The
amount of duty claimed on the plans from
the Seattle company is A60.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
ELECTION SUIT WITHDRAWN

Waterbury. Conn, Dec. 1.-THE action
begun In court by Judge George III. Cow
ell. Republican candidate for mayor in
the recent city election. 10 contest the
election OF Edward c. I<ildur the Demo-
cratic candidate was Withdrawn today by
counsel for Judge COwell. with the an
nouncement that neither this suit nor
those Instituted Wy the Republican candi-
dates for city treasurer and comptroller
would be pressed
The Republican claim for the election
was based on the alleged illegality of
Democratic ballots east in the third ward
which contained the WORD "For" before
the name of the office voted for.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
FEDERATION OF CATHOLIC SOCIETIES

Cincinnati. Dec ll.-Unusual interest is
apparent in the conference OF The Ameri-
can Federation of Catholic societies.
which began here yesterday. The Inter-
est centors In the framing Of the new
constitution and hyiaws TO render The
federation acceptable TO all the old soCie-
ties and also TO the hierarchy.
In addition TO these societies there are
different conditions I'm different states It
Is proposed TO include all the nsuar pos
sessions In the federation. Porto Rico is
represented in the convention. The COM
mittce on constitution labored nearly all
night and consideration OF its report to-
day occupied the great part OF the ses-
sion.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
BODY FOUND.
Remains Of Captain Mackey
Recovered al Point Judith.

The body OF Captain Lewis Mackey, of
the schooner j. c. Feli. was found at
Point Judith. near the Cart Beachwsy,
this morning.
Captain Mackey was drowned two
weeks ago while he was trying TO reach
land from his craft in long boat. A
heavy northeast storm was raging at the
time and the boat was cspslzed and its
occupant lost before the life savers could
do anything Co assist him.
The body now lies at the Point Judith
Life Saving station I'm charge of Captain
Knowles, who will ship II TO New Lon
don.
Captain Mackcy was s. year1 old and
X survived by a widow and two children.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11

The board of police commissioners held
quite a busy session this forenoon. but
there was no inquiry into the suspension
Of Officers Dunn and Bennett for two
reasons. While Chief of Police Baker
had not presented formal charges. still he
felt hardly fortified to- sufficient degree
TO proceed and even the suspended pa
trolmen preferred more time to prepare
themselves. In order that all might be
given fun, fair and impartial consdera-
tion the police hearing was continued
until tomorrow morning at IL o'clock.
During the last pSftisi license year 47s
applications--.irst and second class-were
in operation and up to date, that is 3
o'clock this afternoon. 470 had been
granted, Al Wholesale and 429 retail.
OF this number ass had turned the re-
quired collateral into the city treasury, a
total OF sl99.6O0. And yet there seems 10
be a discrepancy as TO the other IL
licenses actually issued. but for which
the city treasurer has not yet received
due consideration. unless IL come later in
checks.
WASHINGTON STREET LICENSES.
Fifteen days ago. the police commission
was created, and within three hours after
its creation qualified and organized. The
next day they conferred with Chief or Po-
lice Baker and for fortnight have been
considering only liquor license applica-
tions
The average number considered daily and
passed upon can easily be computed from
the total number already granted. only
six less than last year. Yet the SIRENS
song has been sung and the pharisaical
attempts OF certain individuals must be
Acknowledged as partially successful.
These would be purists proclaim an in
tention to utopianize the city and yet di-
rect their efforts only To one thorough
fare, more orderly and respectable than
parallel and interesecting highways.
The commissioners should recognize the
fact that stream seldom rises higher
than it's source and the efluent OF the
main body of water-the artery proper--is
less dangerous than the contamination of
AS well known Rhode ISL
and man, still living, once said and most
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
SHOTS WERE EXCHANGED

Cincinnati Dec. 1.-THE safe OF the
First National Bauk at Felicity. Clermont
county. was blown by robbers early to-
dlr but nothing vHs stolen.
The explosion awakened Thomas Don.
aId a resident who. on appearing vas
ordered back into his house. Tie armed
himself aud rcappearcd and an exchange
~ shots followed. which awakened the
LnNn and tho rnhbers fieh
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
THEY PLEADED NOT GUILTY

Boston, Dec. 1.-THE cases OF ThaXtcr
X. Groves and William +. Sears. for al
legged violation Of election laws. came ~
in the South Boston district court today.
Both pleaded not guilty and asked
continuance. which was granted. Dccem-
ber rs Is the time set for tho hearing The
men are accused OF enga ging in "a scheme
Of illegal voting n Yesterdays election.
They are Republicans
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
NO DECISION ANNOUNCED

New York Dec. 1.-THE departmental
trial Of Police Captain Diamond for allcg-
cd neglect of duty based on his convic-
ton on that charge at Albany recently
was concluded before Police Commission
er Murphy today, but no decision was an
nOuuced
The defense offered no testimony but
former Judge J. Rider Cady made an eX-
tended plea for the accused.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11

he had given Peck any order FOR his
pay.
The police were at once informed of the
ansir and they succeeded in locating
Peck.
Peck has something Of local and ma
tional reputation. Some years ago during
a session of the United States congress
a member who had no particular love
for war veterans said In the course of a
speech; why there Is man I'm Rhode
Island who is drawing a pension because
he is bald headed" Peck is the man to
whom the congressman referred Peck
Is well known TO Warden Wall Of Grams
ton, where Peck stopped" for a period
OF il months. The cause of so long "A
visit is said to have been an assault with
a 1ackknife.
Peck was unable TO get bail.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
GRANTED RAIL WAY FRANCHISE

South McAlester. T. a.. Dec. 1.-THE
city council granted % franchise tu zsv-
cral Chicago men for an electric railway
extending from South McAlcster tp Nc-
Aester kreh-. - ldcrsop. Carbon aud
Ilailryvilc. ]. n The line will Doc about
o. miles long aud will connect South Mo
Alester with all M" mihiug towns in the
ChOctaw nation.
Work Us 90 he commenced within six
months and the line completed within
eighteen months.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
TORPEDO BOAT FULTON RAISED.

New York. Dec. 1.-THE submarine tor
pedo boat Fulton. which sank ut New
suffolk. T.. J.. on Monday. was success
fully raised today. The only damage done
was By the water that poured into her
through the opcn forward hatch Her
bottom Is uninjurcd.
The Fulton was TO have started for
Washington Friday. but her depsrture
may be delayed a few days in cOuse-
uuence OF the accident.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
ATTEMPT TO WRECK A TRAIN

Lima. O"Dcc. 1i.--Au attempt was made
last night 10 wreck "a wegtbound passcu-
ger train on the Eric railroad near THIS
city Two heavy tcs were placed on tho
track.
The engineer discovered he obstruction
hat WAS unable go stop his train until tn
ties had been showed ahead e. distance ol
over lgl feet. The engine was deraiied
but no other damaEc was done
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
HEARING POSTPONED

Butte. Mont, Dec. 1.-THE suit Of r.
Augustus Heinze aud others against the
Boston and Montana Mining Co. On which
an injunction is asked against the de-
feudant company restraining them from
extracting ore from the Minnie lealy
claim came up for heariug in Judge
Clanccv's court YESTERDAY
The defendants attorneys stated to the
court that they had subpoenaed Mining
Engineer Alfred Frank bit that The court
officer had beeu unable 90 find him. and
tho case went over.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
SMALLPOX AT MAIDEN

Maiden. Mass. Dec. IA case OF
smallpox at Mapiewood was reported to
the board OF health today.
The victim II Thomas =. Giles. who has
been working in the RoXbury district of
iloston whore the first case OF smallpox
developed in that city. lie r. s. years OF
axe.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
saw FACTORY BURNED

New York. Dec ia three story saw
factory in Br0pkltu owned by Joshua Old.
ham a. Sons was burned to-day. The
building AMI contents were valued ~ s1s,.
wv Sgs sgs1 sa 90 4Ial.c,
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
GILL FROM FALL RIVER

North Adams. Mass. Dec. 1i.-Rev. W.
A. Whitaker. curutc of So Johns church
here has received call from one OF tho
Episcopal churches iu Fali River Mr..
Whitaker hIs gone 60 that city tu hook
..t--4-l llla-l Geld
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
DlD NOT PAY ALLOWANCE

Glnsippina Martincli asked the appel
late court today to declare her husband.
Ferdinand Martinelli from whom she
is seeking "a divorce. in contempt of court.
lle has neglected to pay her the allow
ance ordered hy me court The vase was
held for adNiscmaut
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
HAS ACCEPTED A CALL

Hartford. Conn. Dec m Rev Charles
Harris Hayer associate professor Of phil
Os0phv si Trinity college. has accepted a
eau to the dlalr OF Christian evidence at
the General Theological seminary. New
Work. Mr.. Hayes Will assume his new
dutie. AgAt sgpsIulsl,
The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-11
OXFORD DEFEATS CAMBRIDGE

London. Dec. 11.-At the Queens club
grounds. today. oxford defeated Cam
bridge al football. by a goal and a try.
after a splendid game according 10 the
Rugby rules which attracted large
crowds OF people 10 the club. The defence
of both teams VAS very sound aud there
Was ~ score unui las isslsr Asl Of Ms
same,