davidaulloa/AmericanStories huggingface dataset:
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
GAMBLING STATUTE.
APPLICATION FOR WRIT OF
HABEAs CORPUS FILED.
DO WE GAMBLE ON THE GREEN?
Mementious Question Being Slowly
Raised in the Courts-The Cele-
brated Towner Case Heaving
Forward.

Another step has been taken in the r
o.. ToWner gambling test case by the
attorneys for the defendant, who are
five in numberand are busily engaged
in sitting the law. Today an application
in behalf of TOwner was filed in Judge
McClernan's department of the district
court, asking the court to issue a writ
of habeas corpus requiring the sheriff
to- show cause why Towner is kept in
jail and to bring the defendant before
the court for an investigation into the
cause Of his Imprisonment.
ToWner is not in Jail at ALL and the
reason why he is in Jail figuratively and
theoretically is well known to himself, to
his attorneys and to the court. But the
proceeding has to take this form, the
for,as of pleadinss being fixed.
The application for the writ was set
for hearing next Tuesday, Oct l. Since
this court has already passed upon the
merits of Towner's case, it will, no doubt,
be overruled then.
If this takes place an application will
be made then to the supreme court for Il
writ of habeas corpus. This is what
Towner's puintette of lawyers are aiming
at. The supreme court will issue the
writ to them, and in the hearing of tn,
writ in the upper court the question Of
the constitutionality of the gambling
law will be raised. and it will be passed
upon by that court.
This is the kernel in the legal nut that
they are trying to crack. 1t was thought
that the defendant would apply directly
TO the supreme court for the writ named,
the heels Of his conviction. But the
defendants attorneys represented to the
district court that the supreme court
would not listen to an application for a
writ of habeas corpus until the lower
court had refused to issue it.
The refusal of the district court to
grant the writ will be made ground
upon which the supreme court will be
asked to issue it. and it will be incor-
porated in the atndavit that will accom-
pany the application that will be filed in
the upper court.
Thus slowly does the celebrated case
move onward to it's final adjudication,
uEon which depends the Wcighty matter
OF whether certain people will hereafter
dealfor the turn or noe.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Paurs hospital, 500 South Montana
The Jury Still Out.

At latest accounts this afternoon the
jury in the case of David Willard, who
was tried before Judge McClernan in
the district court yesterday on charge
of assault in the first degree, was still
out. The case went to the jury yesterday
afternoon, and it has been out over "a
hours.
Willard was accused Of shooting Jo-
seph La Chance in the back year ago
in the Main saloon near the Butte ceme-
teries. The evidence was very contradic-
tory, and that probably accounts for the
difficulty the jurymen have in agreeing.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Stuart Robson at Sutton's.

Arrangements were completed this af-
ternoon whereby Stuart Robson, Ameri-
cas- most distinguished comedian. will
appear in Butte at Sutton's New Grand
on the nights of Monday and Tuesday,
Oct. and s. Mr.. Su ton offered Mr.
Robson's representative a very liberal
guarantee for this engagement, which
was promptly accepted.
The Henrietta,' regarded as the
greatest of American comedies. will be
revived, and in Mr.. Robson's support
will be such we'll known players as Mac
lyn, Arbuckle. Russ Whytal, Dorothy
Rossmore, Mary Realty, Estelia Carter,
Laura Thompson, Clifford Leigh. Joseph
\. Keefe, Charles Lane Roy Atwell
and Charles Gilbert.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Did you see Hawkins?
FOR AND AGAINST A STAY
Argument in One Minnie Healey Case
Being Heard in the Federal
Court oTdav.

Almost the entire morning session of
the United States court today was con-
sumed with the araignment of the de-
PENDANTS motion for stay of proceed
ings in the suit of Miles Finlen against
John berlin, an action involving the
Mimi eeHaley mine and when the noon
hour arrived it had not been finished
Consequently it was resumed at 2
o'clock
There is pending in the district court
an action entitled Miles Finlen VS.. f.
Augustus Heinze and Others which also
involves the Minnie Healey, and the de-
tense In that case wants the suit of Fin
len VS.. Devlin. now pending in the fed
eral court, sidetracked until after the
one in the district court is settled. 1t
claims that the two suits are Identical
but the plaintiff in the federal court ac-
ton maintains that they are not, and
is contesting the motion for stay on
this ground. The motion was partly ar
gued a few days ago.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Justice Nelson Will Investigate the
Matter Next Wednesdav-China-
man Badly Hurt.

James willard. IA years old. son Of
Dave wizard, who was tried in the dis
trict court yesterday on a charge of as
sault in the first degree. was arrested
today by Consta BILE Cosgrove of Justice
Nelson's court on a charge of assault on
Con 10y, Chinaman, on the 18th. He
was released on bond of $50 furnished
by his father and Sol Willard and will be
tired Wednesday.
1t is claimed that the Chinaman was
driving along on wagon when young
Willard deliberately struck him in the
face with a stone. The Chinaman was
badly cut.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

present this morning in court. Mr..
Thresher was occupied with other BUSH
ness in JudgeClancey's court.
robin regrets the fOlloy that placed
him in his present undesirable situation
The other day man who asked him to
go to British Columbia two years ago
called at the Jail to see him. and Tobin
was exceedingly sorry that he had not
taken up the invitation. Had his star
guided him to that land he would not
have killed Foster.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Funeral Notices.

The funeral of Joseph Waldorf will
take place tomorrow at = p. m. from his
sons residence. Rudolph Waldert Sum
rise saloon. Silver Bow.
The funeral of J. w. Stanley will take
place tomorrow afternoon at o'clock
from Richards undertaking parlors.
John Scheu, aged 3S years, died yester-
day. The remains are at Sherman'S
undertaking parlors, from where tie
funeral will take place tomorrow (Sun-
day. at 2 p. m.
Jacob Scheu, a prominent member OF
Teutonia Lodge. No. 2, of the Sons OF
Hermann, died this morning at the city
hospital at 8 o'clock.
The funeral will take place tomorrow at
.. M, from Sherman's undertaking
parlors. The Anaconda lodges will at
tend.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
SUTT0N'S UPPER GALLERY
Its Exits Are Not So Good as They
Might Be, Says Chief
Sanger.

Chief Sanger of the fire department
says the morning papers did not quote
HIM correctly in the matter of his in
spection of the galleries in Suttons new
theater. He says the exits of the lower
galleries are all right, but those of the
upper one are not so we'll arranged as
they might be in case Of fire. They are
at the bottom of the gallery, he says. and
would be better if located half way up
or at the top.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
A New Lodge.

A local lodge Of the Bankers Of the
World,' fraternal insurance organiza-
ton was formed last night in the Elks'
hall and the following officers were
elected.
Vice President-James Berry.
Observation-Disclosures Macauley.
P. V. Pr. A. Schrader.
Banker A. Riddell.
Chaplain-Rev. o. E. Tilburn.
Sec'y-W. S. Votaw.
Overseer-D. j. Desmond.
Guard-Nellie E. Milligan.
Sentinel--Gus Leese.
Observation-Disclosures Macauley, James
Berry and w. 8, VOtaw.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

would have gone a long ways towards
advertising the state.
while east I visited Niagara Falls
and saw everything worth seeing, l even
saw Charles B. Hoskins of this city. MI.
Hoskins was enjoying the sight of the
Gashing waters more than anybody and
was not sorry he made the trip. Both the
exposition and Falls looked good to him.
Willard Bennett was in Buffalo, as was
also Godfrey Lavell, but l did not see
the latter"
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

The beauty of the glorious chrysan-
themum is not more cheering in bleak
fall days than is the aromaof Harvard
cigar. Try one. You will find it truly
delicious. There is no better Havana
tobacco grown than is put into the Har.
ward.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Hunting for Hawkins.

Mrs. Harry Bergman and family
wishes to thank all the kind friends and
neighbors who assisted them in their late
bereavement.
MRS. II. BERGMAN AND FAMILY.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

r. NJ. Renshaw is uD from Boise City
Mr.. RenshaW says that though he likes
Boise very much, he enjoys getting back
to Butte every few months to shake
hands with his friends Mr. Renshaw
continues to hold large investments in
Butte real estate.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Mon '''.'' ,1Iys'!e(ssss'''' Store
Open Tonight
Till 10 O'clock
FRUITS

FRUITS
Grapes are in their prime. peaches
also. Cantaloupes are very cheap,
pears are ripe and fine.
Fancy Black Ferrara, Sweet
Muscats, Rosy Tokays and
Eastern Concord Grapes: any
kind: basket. 80. go. ....35c
Fancy Freestone Peaches: large
boxes. solid pack; box. .75c
Bartlett Pears, extra fine; box
$3.50; pound.... go. >. ........5c
Montana Apples; box $1.25; a
pounds. ......25c
Yellow Egg Plums: basket. Poe
Fancy Italian Plums: solid pack;
crate 90c; basket. 80. ....25c
VEGETABLES. ETC.
Lettuce, Spinach, Radishes and
Green Onions: BUNCH. ......1c
Young Beets, Carrots, Turnips and
Parsnips: punches. &c
Fancy Jersey Sweet Potatoes;
pounds. 80. .......2sc
Cape Cod Cranberries: gallon 45c:
quarts. -. ......25c
Fresh Tomatoes. large ripe and
firm: large box 9Oc: pound. &c
Fancy Denver Celery, extra large
and crisp; dozen CSC; 3
bunches.... go. 80. 80. .....25c
SEEDED RAISINS.
Finest Seeded Raisins, all seeds re-
moved by machinery; full
pound package.... 80. go. ..10c
BROMANGELON.
A delicious dessert Jelly: prepared
in two minutes; raspberry. straw
berry. cherry, lemon and orange
favors; today, package..... ..10c
ASPARAGUS.
Hickmott's "R. & H." brand fancy
Asparagus, regular 35c: today.
can.... .... go. ........ .loc
Richelieu Asparagus Tips; 35c can
today..... .... go. .........25c
STEAM BAKERY.
A host of dainty things today; it
will make you hungry to look at
the splendid display.
Quaker Bread, the pride of our
steam bakery; loaves or
tickets.... ......25c
Lutey Bros
Up to Date Grocery
Jaw. Park Street. Phone 68
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

TEUTONIA LODGE NO. 2, o. d. H. S.,
ATTENTION.
The funeral of our deceased brother
Jacob Scheu will take place tomorrow
OSunday) at 2 p. m. from Shermans
undertaking parlOrs. Anaconda lodges
are invited to attend.
j. STlRN, Priest.
l.. WOLPERT, Secretary.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

Chicago, Sept. 2S.--Miss Bessie An
thony today won the western woman's
Golf championship from Mrs. Hobart
Chatfield- Taylor.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

The first meeting of the Woman's Club
will be held Wednesday afternoon in the
Auditorium of the South M. E. Church at
the corner of Galena and Idaho STREETS,
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
COPPER MINING QUOTATIONS

Especial to Inter Mountain.)
Boston, Mass, Sept. 28.-The copper
mining shares closed today as follows
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
Club Season Opens.

Hawkins is the man.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
MRS. BORDEAUX ASKS ALIM0MV

Do you know Hawkins?
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28

After Hawkins.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-09-28
STRUCK CON TOY WITH A STONE

How about Hawkins?
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30

making companions of them, de-
veloping all the intelligence they
have, and the other is by choosing
pets Of a sort whose intelligence Is
already considerable. Children
should be encouraged to be kind
to their pets and to make friends
with them, aud this cannot be done
unless there Is intelligence on the
other side. II the comfort and
we'll being of the animal Is studied
II will good for the master as well
as the pet, for al,ruism generally
works In that way. but candor will
compel most people to admit that
nothing OF the kind Is usually
done.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30
the STATE FAIR.
One Fare Passenger Rate and One
Freight Rate on Live Stock
Fruit. Grain and Vegetables
Carried Free Of Charge.

Secretary Rippey of the State
Fair has secured from the railroads
of the state, n onc-farc open pas
scngcr rate to Scdalia and return
on account OF the state fair. Tick
cts may be purchased to the fair
grounds and passengers unloadcd
ut the avenue leading directly to
the grand stand.
All live stock for exhibition pur-
poses, agricultural implements and
minerals will be charged tariii
rates to Scdalia, and upon ccrtill-
cate of the secretary will be roturn-
cd home free OF charge. Stock will
be loaded and unloadcd from
switches running into the grounds.
Fruit. grain and vegetables will
be shipped to Scdalia at tariii rates
and upon certificate Of secretary
the freight charges will he return
ed and the article rc-ssipped free
Of charge.
Poultry should he billed to the
fair grounds, care "poultry Supt."
and II will be delivered to the cx-
hibition hall. The express com-
panics will receive II nj fair
grounds for rc-shipmcnt home.
Every Missourian should contri-
butte something to the exhibit.
Wednesday. September II, Made
Exposition Day.
The directors of the Missouri
State Fair have .ct aside Wodnes-
day, the third day of their first an
nual exhibition, as Worlds Fair
Day, complimentary to the Louis
lana Purchase Exposition 10 be
held at st, Louis In 1903.
Among the prominent gentle-
men officially connected with the
Louisiana Purchase Exposition,
who will be present at the state
fair ON Worlds fair day and deliv-
or addresses. are Governor A. NJ.
Dockcry, Ex-Governor David X
Francis and Cyrus y. Walbridge
ex-mayor of st. Louis.
The people of Missouri are inter
cstcd In the success Of both fair
and thousands will no doubt TAXI
advantage Of the cheap rates oiier
| cd by the railroads to attend tn
State fair mt Sedalia ON World
, Fair day and by their presenc
{ encourage the exposition, whicI
2 will bring to the grand old state q
z Missouri, people from every coun
= try of the civilized world.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30
Pet Animals,

Il has sometimes been argued
that the keeping Of pet animals Is
one way to develop the humane
instincts OF people In general. Like
other practices, however, this one
l. good only when II Is not abused,
as 1t frequently IL. When one con-
sidcrs the number OF miserable lit
tie beasts yearly trapped. captured
and bred In cages for the amusc-
mcnt OF mankind, II seems as II
some better method OF amusement
might bc devised. OF course, there
are people who make friends and
companions of their pets, and al
though nobody can be absolutely
certain about animal psychology.
Il may he that the dog. horse or
bird derives an amount OF pleasure
fr In contact with the superior
mind which more than rcpays the
loss of freedom. In the case of n
highly bred dog or saddle horse
II Is almost certain that this H. so.
But these are In the minority when
/ the whole number of domesticatcd
animals Il considered.
In the first place. II is certainly
cruel to take wild creature out of
its natural environment and place
II In cage where II can have little
exercise. no natural companions
ship, and often no suitable food.
1t Is entirely possible for people
living In country town or small
village to tame squirrels, birds and
other wild things without in the
least interfering with their free
dom, II they choose to use n little
patience. Most wild animals will
come where they are not afraid ol
being hurt. The red squirrel car
be coaxed to come from his hole
and eat corn from the hand OF &
human being, and BIRDS OF al
kinds are easily tanned in the same
: way. One who has enjoyed tn,
delight OF winning the confluence
: Of the wood folk will never agaiI
r wish 10 keep any ofthem in cage
: The animal which is bred for th'
, purpose OF domestication, like th'
: lap-dog, the Persian cat, the Whit
mouse, or the canary, is usually
: inferior in intelligence to the wil'
. animal, for the very good reasol
a that 1t does not need as mucI
: brains to be fed, petted and put L
u sleep as to get ones living In tn
n midst of throng of enemies
l There are two ways, however, II
= which the keeping OF these animal
@ can be made really beneficial +
children and adults; one is b.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30
A Pleasant Reception.

A very pleasant reception was
given last Thursday night by Mr..
and Mrs. w. W Morley, In honor
of their guests Miss McGowcn and
Misses Maud and Agnes Elscn Of
Farbcr. The lawn was brilliantly
Illuminated with Japanese lnnt-
erps and covered with lawn chairs
aud scats which made Il all the
more pleasant for the young pco-
pie.
a guessing game was introduced
which required questions To be-
answered by names OF flowers.
This proved TO he very amusing.
Miss Cora Barnes and Chas. Chap
In won the prizes
Refreshments were served In the
beautifully decorated dinning
room and such refreshments were
1T to tickle the palate Of n queen.
Z The guests departed AZ late
hour, thanking the hostess for the
pleasant evening spent as their
guests. Those present were;
: Misses Myrtle johnson, Corinc
Vogt, Nellie Hudson. Julia Fer
guson, Nellie Graves, Jessie
Karncs, Of Mexico, Cora Barnes,
Benton McCannc, Grace Gupton,
Fannie stephens, Alice Scott
Lulu and Jessie Suggctt, Laura
Sisk, Jennie, ,Ru-scl, Louie Nunncl.
iy, Wee Barley, Ivy Ilcnsley, aud
I,css White. Mcssrs Leo Vogt
J Homer an! Horace Sabourin
! Frank Turner, Manlcy Hudson
: Charley chaplin, flames McQulc
! Chas. Runzi, Guy Brooks, Ro.
| Ham, Harry cason, Dave Hudson
} Bush Owens, Monta Nuns, Elcmc
I Brown and John Hunter and Mrs
., Boyd, Mr.. and Mrs. John Vogl
: and Mr.. and Mrs. Earl Fuller.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30
ON THE FARM.
President Mckinley. Spending Day
In the Country Visiting His Ten
ant, Jack Adams.

From the Canton. ohio. Repository.
President Mckinley, is spending
to-day, Saturday, Aug. \, at his
farm near Minerva. He made the
trip in the w. Il ID. T.. private ear
No. I, in which Col. and Mrs Her
rick came to Canton Friday, which
was attached to yard engine aud
run as a special to Minerva, Sec
rctary Cortelyou, Col. lIerrlck
Parmalce Herrick and DR.. Rlxey
accompanied the President. A dis
patch to The Repository from Nil
nerva says; "rhe party was mel
at the station by Jack Adams, the
tenant on the Mckinley farm Will,
two surscys and driven to the cout
try. They drove about the farm
inspected the buildings and liy,
stock and then had substantial
dinner with farmer Adams and hi.
family.
LAS soon as the people Of Miner
VA learned OF the Presidents arri-
val impromptu decorating began
When the party returned from th'
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30

many years since an engineering
class was present ON the day of
graduation, aud this year every
one of the tcn graduates were
away illing good positions at that
time. Few schools can show such
n record. Tho Missouri State
University engineering school, In
that II II free to all. In that the
equipment H. excellent. In that the
professors are men Of skill cxpcri-
cncc aud reputation, In that men
can scarcely be kept long enough
for graduation.is worthy Of careful
consideration by Missouri young
men.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30
Harvest Home Meeting.

The Harvest Home Meeting,
plancd by the pastor and session
of Brush Creek Congregation and
held at the church last week was
truly great meeting. The at
tendance was very large. Walnut
Grove and Bellilowcr congroga-
tions were wnll represented. IL
was day that will long be rcmcm-
bcrcd for the spirit Of religious fer
vor and gcncrousity that prevailed
The aggregate of the offerings
was si7.JO. One man whose initi-
ais are II. II. turned his pocket
book over to his wife to give to her
own satisfaction! Such thing
nnd not occurred before at Brush
rcek.
The "fnmous Butts family" of
Audrnin furnished the music which
consisted OF religious song. The
people were thrilled and stirred as
n congregation rarely Is. Vent
TO the feelings was given time
after time by the most hearty
cheering
The first bushcl OF coal from the
new mines at Brush Creek was
: presented to the church. by Mr..
Wilson the miner. The coal was
sold to Mr.. II. l.. Miller and the
money turned over 10 the mission
fund. The statement Of the above
fncts brought a hearty cheer from
the people. Tho committee ON
decoration, Mrs Orpha Pew, chair
man deserves honorable mention.
Prof, Davis of Wcllsville favored
US with n piece OF music from his
Grammaphonc entitled the Holy
city. The Wollsville Mandolin
Club also rendered very beuuti-
fully the pieces "I.ct the lower
lights he burning and "Home
sweet home" A MEMBER.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30

There was no surprise In the
Treasury Department when a tclc-
gram was received saying that w.
F. Hopy, collector Of Custom of No
gales, Ariz., and his entire force
of clerks had been arrested for
smuggling Chinese from Mexico
into the U. S. The surprise came
some time ago, when the suspicion
that the collector was guilty of the
smuggling was first reported.
Since then the arrests have been
constantly expected. Mr.. Hocy
came from Muncic, Ind, and when
he was appointed, about n year and
half ago, Secretary Gage eau
toned him to avoid all temptations
to wrong doings, because irrcgu-
larities had caused his prcdcccs-
sor's removal. The collectors oiii-
CO ut Nogales, will be In charge of
special agent of the treasury un-
til new collector Is appointed.
which will probably not be until
after President Mckinley returns
to Washington.
-
Secretary Root has returned from
his vacation and resumed his du-
ii He found everything nov
ing smoothly in the War Depart
mcnt, Col. Sanger having proved
n most efficient acting Secretary.
There IL no truth In the sensations
al publication alleging that impor-
tant original dispatches relating
to the Cuban Campaign aud which
will have bearing on the Schlcy
Inquiry were missing from the files
OF the Department.
-.
Secretary Hay, who made ily-
ing visit to Canton last week, says
that both the President and Mrs.
Mckinley were looking unusually
well and were enjoying their quiet
stay among old friends and neigh
bors. Secretary Hay will rcjoin
his family In New Hampshire and
remain there until cool weather.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1901-08-30

Smith the barber, ha. on dis
play at his shop radd sl ai hi
own raising that j. ~ inch,s lonl
apd about inches in diamerter,
and yet W, cant have a street fair
becausa we have nothing to show,