davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
JR.,
AGAINST
LAvELL, SR.
Appellate Court Decides In
Favor Of Son In Suit
Against Father.

James I.svell. Jr.. wins his equity suit
against his father, James Lavell sr. The
appellate division Of the Supreme court
handed down it's decision in the case to-
day.
The son brought suit for the specific
performance OF contract having 10 do
~ith the dissolution OF copartncrship
the members OF which were father and
son. The I.ayells carry on the wholesale
and retail liquor business I'm this city.
The complainant and defendant on Oct
10. 1901. entered into a contract dissolving
the firm OF James Lavell A. Son. and on
the next day the parties, with their coun-
sci. met 10 execute the papers called Tor
i'm the contract OF dissolution, but before
the delivering thereof an attachment
against James Lsvell was put upon the
partnership property TO secure one James
Lavells private debts. whereupon James
Lsvelle Jr.. demanded that he should re-
tain enough or the money he was 10 pay
respondent 10 meet the attachment, II
being admitted that the debt was due,
but = dispute arose as 10 whether the
debt was due from the father personally
or the firm. As a consequence OF TINS
agreement the names OF the complainant
and defendant were stricken from certain
was not destroyed nor In terms cancelled,
nd9 were the signatures thereto stricken
of nor erased.
The complainant In court contended
that the contract of dissolution was IN
fun force and effect. The sum Of 5000 was
paid by complainant into court that be-
ing tho cash sum 10 be paid by the COM
plsinant 10 his father named In the con-
tract Defendant claimed The lease OF the
frVea a
that the contract TO dissolve had been
cancelled.
The court finds that the McElroy lease
Was changed from lease ia the firm 10
private lease 10 James Lavell or before
execution and that the firm is not re-
sponsible for the rent. The court SAYS,
1--WE also find that after the execution OF
said contract OF dissolution the respond
ent took certain moneys from the cash
register We are unable TO find any
fraud misrepresentation, ooncealment.
unfsIrneSs or misbehavior on the part OF
the complainant. which would make a
specific performance of the contract un-
Just unconscionable or ineuuitable, but
on the other hand We hnd that the com
psinsnt is ready and willing 10 keep and
perform said contract according TO It's
true intent and meaning
The decision is for specific perform
snce or the contract from the sS""0 in
court the amount of the rent OF the Nc
ElroN estate and costs Of attachment he.
sides the amount of cash taken from the
cash register by Lavell senior since the
contract TO dissolve was made are TO bs
deducted and the balance paid over ID
respondent
II the parties cannot agree on the deduc-
tions 10 be made from the sum in the
registry OF the court the case may be re-
ferred ia master George 4. Brown was
counsel for Lavell. junior the complain.
ant
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
HIS OFFER.
Carnegie Will Give 100000
fer Library at San Juan, P. R.

san Juan de Porto Rico, oct. 25--An-
drew Carnegie from Skibo Castle. has
written To Martin g. Brumbaugh. COM
missioner OF educs tion Of Porto Rico, a.
the result of an extended correspondence
since July. saying:
II shall be glad 90 furnish Noo.c~ for
the erection of public library at san
Juan. on condition that the site Will be
furnished and that the city pledge it
seif to support the library by an ap-
preparation OF ssOoO annually, supplement
Ell by action on the part OF the insular
legislature bringing the total to SNooe
or saoO0
Mr. Carnegie thinks 10000 will be
ample to erect the building and provide
books FOR the start. Funds for the
maintenance of the library have already
been appropriated.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
AUTO COLLAPSED
Was Built for Six but Twelve
Were Riding In Il.

Gardiner. Mass, Oct 25.--The most Sc
rlous automobile accident in this section
OF the state occurred At midnight. when
Fitchburg and containing IL persons col
lspsed while descending a hill here at
rapid rate. resulting in the injury Of half
the number. The injured are:
Michael McDowd OF Fitchburs, deep
cut under right ear. several cuts on face
and bruised on neck and both arms
Ernest Holman, Gardiner. two deep
cuts on right side OF forehead, right ha nd
at aud badly swollen.
Michael Dempsey or Gardiner. right
knee dislocsted back injured.
Albert Atkinson OF Gardiner. Injuries to
back.
lIermis Crss OF Gardiner. right arm
cat and severely bruised
James Doyle OF Gardiner. back and
shoulders wrenched.
The automobile had been borrowed
from Mr.. Grant by Lee Wymsn or Fitch
burg who was In charge OF IL al the time
Wyman. MCDowd and 4 third man start
ed TO return home from Centre
about II 30 o'clock. They had made the
trip from Fitchburg and expected To- re-
turn without the addition of more pas
sengers. When the machine reached the
town hall however. four Gardiner men
asked MIR. Nyman for ride TO West
Gardiner.
At West Gardner five more young men
got in. but "a Yet none had aliRhted. The
load was much too heavy for the car
riaee ss II had been constructed for six
persons. All went well until the party
reached the top Of steep hill near the
railroad bridge on South Main street A.
the automobile nesred the railroad. WV
man lost control OF e. The machine
plunged and then whirled hslf way
around in the road. The axle snapped. \
rear wheel collapsed and the entire party
Was thrown TO the ground.
McDowd was the most severely injured
or the dozen. lie was taken TO q physi-
clans offcc nearby and several doctors
we're called They worked over him for
nm hour and took several stitches I'm hs
wounds The other five men hurt were
s bic 20 co TO their homes The sutomo-
bile Was badly damaged.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
BOARD SUSTA|NS
ADMIRAL SCHLEY.
0vsrru|es Lem|y's Objection That the
Witness Was Making an Argument
Instead Of Stating Facts.

Washington. r. O.. Oct. e5-ln the
Schlcy court OF inquiry today Admiral
schley continued the recital OF his mar
rative regarding his conduct in the Span
ish war When with the courts permis-
sion, he said. he would go back 10 Glen
fuegos In order that his narrative might
bc clear. Regarding the McCslla memo
randum he said he received but one copy.
II there had been another. he said, il
should be In the papers which were re-
turned 10 the navy department in jan
nary or February, 1899. lie said he had
not bombarded the earthwOrks at Cien-
fuegos because he was convinced that
such bombardment would be unavailing.
Subsequent experience I'm the war, he
thought. bore out this opinion.
Admiral Schley was proceeding 10 say
that a dispatch. No. 10. concerning which
lieutennt Marsh had testified tthe dis
ptsch containing positive information
that the Spanish feet was in Santiago)
was not received by him until June 10.
when the Judge advocate objected.
Captain Lemiy--If the court please, |
regret very much 10 be compelled TO
make objection To the character of testi-
mony hut ] understood from the court
itself that IL wants facts.
Admiral Schley lsotto voice)-Nen
these arc facts.
Captain Lemly--I do not understand
this witness Is here for the purpose OF
making an argument and l do not think
this character Of testimony from wit
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
ness even on the stand In his own behalf,
is a matter of testimony.
COURT sCsTAfNs SCHLEY.

ness even on the stand In his own behalf,
is matter of testimony.
COURT sCsTAINs sCHLEY.
Mr. Rayner contended that Admiral
Schley was not giving opinions; that he
was simply testifying 10 facts within
his knowledge After some further
sparring the members OF the court held
a brief consultation and Admiral Dewey
announced its decision * follows:
''The court Is of the opinion that 81 is
emlnently proper for the witness To make
the statement that the dispatch was
dated May = and not received until June
10: then drop It. Just give the facts
To this Admiral Schley responded that
This was all that he had intended 10 do.
Thirteen days had elapsed before he re-
ceived the dispatch.
Proceeding. Admiral Schley testified
tina he believed capt Cotton's statement
regarding the offer Co Lieut.. Field 10 go
whether the spanish fleet was in SAN
tiago harbor was somewhat faulty, ana
he detailed some facts relating 10 Field =
offer. which fixed his own impression OF
IL i'm his mind.
ON MAY 81. after the bombardment Of
the Colon and after capt Cotton had
gone 10 Mole 81 Nicholas with a report
to him upon that subject Admiral Schley
testified that ne sent NuneZ. the pilot
westward TO communicate with the In
surgents Nunez landed near AscerDd-
eros ID or 10 miles west Of Santiago, and
Joining some OF the Cuban insurgents
went into the interior. lie returned June
-laeailnn- -nf The Spanish ships In the har-
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
ROASTED ALIVE.
Continued From Page OneD
and all employees rushed madly to the
rear.
CAUSE OF THE FIRE.


and all employees rushed madly TO the
CAUSE OF THE FIRE.
The fire started At 1890 O'Clock IT is
supposed to have been caused by an ex-
plosion OF benzlne and nsphths with
which We're other materials used In the
manufacture of furniture was stored i'm
the cellar. The flames shot up the eleya-
tor SHAFT and I'm less than five minutes
every one of the nine floors OF the struc-
ture was sblsZe
There were 32a employees. men and wo-
men Al work m the different depart
ments at the Time. Those on the second
floor were the first 10 see the flames
Instantly there was wild rush for the
fire escapes but owing ia the highly in
fammsbe nature Of the material used
by the firm, the blaze spread with re-
markable rapidity. dealing death to the
mfortunates as they made frantic bat
unsuccessful efforts to escape.
SEVENTEEN KNOWN DEAD
While the fire escape was filled with me
psnic-stricken men aud women. the wall
collapsed and eight persons were known
To have been buried In the ruins. \ fow
minutes later the front wall fell inward
and II is not known whether any bodies
are under g. II such is the case the per-
sons were probably burned 10 death he.
fore the wall collapsed
THE POLICE SAY At LEAST u PER-
ISHED.
When the nremen reached the rear Of
the building which faces on Commerce
street. q small thoroughfare. they found
the street literally piled M with Victims
who had been carried down by he fall
ing wall These were hastily conveyed GO
the nearest hospitals.
At / o'clock the fre is stili burning
hut il under control. 4 new tiaht-story
building At 1915 Market street. as yet un-
occupied. prevented the spread ~ the
names 20 the eastward. in which direction
they Nere blown hN The wind
Several business houses or the south
side of Market street were badly scorph-
cd hut not seriously damaged.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
FOR $4,000.
Administrator on Baker Estate
Sues Union Railroad Co.

George W BuEbec. administrator on the
estate OF Freeman Baker. late of CAST
Providence. has bro eht suit against the
Mr. Bugbcc claims that MIR BAKERS
death was due 90 tho carelessness OF the
servants ~ ,he company. eho had chars.
OF y car on June 18th. 1900
Mr. Psker while walking across
highway in Fast Providence ~ 10 O'Clock
An the evening was knocked down ~
car and - injured that he died
v. -. Bassett " attorney for the plain
lin
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
,rt G. smith. teller, and Lewis H..

Albert c. Smith. teller, and Lewis II.
Swift. bookkeeper. OF the Merchants
National bank OF Lowell. Mass. after alb
stracting si.aoi.ow ss5 $40 in cash. sSoS 2s9
~ securities and 100000 OF collateral.
sped to Boston and thence came 10 this
city.
smith and Swift as Sargent and Waite
signed their names, respectively, on the
register OF the city Hotel, but Lawyer
bartlett signed for himself and Attorney
Burke on the register OF the Narragan-
sett Hotel and. Intentionally or other
wise. made his own name appear as Bar
rctt
lie IL was who paid the hotel bill Tor
both At an early hour Sunday morning
and hurriedly took the O'Clock train FOR
Boston
He occupied room iI at the Narragan-
sett and Lawyer Burke room g. just op-
posite. There was no conference at the
hostclry nor was there at the city Hotel
where Sargent and Waite had room y
as dodgers.
HIS BRoTHERs STORY.
His brother. William r.. smith. is a
clerk In the Bigelow Carpet company.
Lowell. and when approached by a news
paper man he cOuversed readily. and de-
clafcd as his bfliei that neither Albert q.
smith nor Lewis ". Swift would return
10 Lowell and eive themselves no
II have no idea that they viii They
went 10 Providence. where both were we'll
acquainted. Albert especially 80 Both
were good yachtsmen and hne sailors
They had been on two weeks cruises to-
gether. Albert was accustomed 90 spend
his summers Proyincetown. boating and
nshins. believe that they went 90
Providence, and shipped on some schoon-
or cosstwise. bound for the bahamas
south America, or possibly some north
ern port.
"My reason for saying that think
they went 10 Providence u this. Roth
Al and myself have spent good deal
~ time there and We have large NUN
her ~ friends and scduaintsnces there
~ r. familiar with the city ana used ~
know about all The steamers and sailing
Ne>seis leaving from that port
q know that when I used 10 be there
, have often seen vessels bound for ihe
Bshanas and Other southern points Al
j. GOOD sailor and has spent q good
0esl of his spzfs time on sSlt water
fs~is also knows sOmefhiue about boats
ana tho TO have hecn on ,arhfiug frirs
fce<ther several fifnes fof no weeks af
time. IL ~ my firm belief that when
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
WANTED
FATAL RESULT.
John McGir|, Struck by Eddy
Street Electric, Died Today.

The Eddy street slsctric car accident,
of yesterday afternoon. resulted i'm the
death OF the victim, John MoGirl this
morning.
MIR. McGirl was s5 years OF age and re-
sided at 1872 Rhodes street.
lie was considerably deaf aud this in
firmity contributed. and largely TO his
misfortune
He had attempted 10 cross Eddy street
al willard avenue. and becoming flus-
trated was unable To set away from the
car
The motorman pounded his gong and
shouted 10 warn McGirl, and had the lat
ter been able TO hear him the accT6ent
would have been sverted
Mr.. McGirl was thrown upon his back
and dragged quite distance.
His injuries did not al first seem to he
severe. There were cuts on his hands and
two upon his head.
The old man fingered until ll:l5 this
morning Medical Examiner Perkins says
death was due To old age and shock
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
SEEKS $4,000.
Mary BENZ Was Injured When
Suburban Car Left iha Rails.

The Rhode Island Suburban Railway
company Is defendant I'm suit to recover
Si0so brought by Mary Bentz.
The plaintiff claims that on Aug. eth.
1901. she was 4 passenger on car Of
defendant corporation at Crompton viii
lage. and that owing TO defective rails
the car jumped the track.
she was thrown about and struck with
great force against the scat and received
sever external and internal injuries.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
KNOCKED DOWN IN THE STREET.

christopher n. Russell has brought suit
against Mark A. Reilly 10 recover $500
for personal injuries.
Mr. Russell claims no wss going sloue
Eddy street and "a. knocked down ny =
horse attached - y wagon owned hy Mr.
Reilly
The horse. N - sliesed. css lsft un.
ht-hsd w ih- hiehwsy John " 10.
gan is attorney for the plainun
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
THE MUNICIPAL COURT.

Tho following business was transacted
RI todsy's session Of the municipal court.
The Inventory or the estate of john e.
Iosworth was received aud accepted
The decree of The supreme court in the
win OF the late James y. 'raustou WAS
received and ordered recorded
Tho Inventory Of the estate Of -lhe-lAie-
sterns Hutchins was received and accept
cd.
The inventory Of tho estate ot Annie NJ.
smith was received and accepted.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
A GREAT SURPRISE

Il IN store for all who use Kemp's Raj.
sam for the Throat and Lungs. the great
Guaranteed remedy. WOULD YOU believe
that IL IL sold on ~. merits and any
drugaist u authorized ~ the proprietor
OF this wonderful remedy 90 eivs YOU q
sample bottle free7 ~ never fails 10
cure acute or chronic coughs al 1~us
glsts sell ksmps Balsam. friee &c. and
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
SUES FOR $4,000 FOR ASSAULT.

Nntorio Dimonti has sued r.ingi
Grusu to recover 5000. Dimonu claims
that = short time ago the defendant. in
most srievous and painful manner, as
saulted him. Dmonti.
The results Of the assault are ssid 10
have been very serious Dennis J. Hol-
land is attorney for the plaintiff
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
DOCTOR Ill WITH SMALLPOX.

Wakeheld. Mass. Oct. @.-Dr. Joseph
Heath chairman " the local hoard Of
health. is ill With smallpox ~ Heath
has been attending case of the disease
which developed here recently. Dr.
Morse. Of the stste board Of health, has
been summoned
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25

The petition ~ Robert 4 Epii Co be
discharged as trustee under the Will of
riira y rsttsn. deceased. WAS granted ~
the appellate diyisiaD sc 'Ns supreme
court today.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25

Former Mayor Ticpke vas todsy adj
nitted 90 the bar ~ this state iIc took
the oath before jrsticrs . Tillinchast.
Rosert and Douglas.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
TENTH WARD
VOTERS FOR
TRANSFERS
They Endorse Ticket System
Advocated by tho News --Po-
IiticaI Gossip In General.

There was an enthusiastic meeting IN
the Tenth ward last evening, and II was
from start TO finish decidedly for free
transfer tickets and forclbly opposed TO
Alderman Covell for another term.
Lawrence J. Cohey. candidate for the
common council. presided. and there were
about 20 property voters OF The ward pres
ent at the scene OF the gathering, a. HUI
ron street.
Interesting remarks were made by the
chairman calling Alderman Coyell to ac-
count for his numerous promises and few
fulhlments. Addresses OF an impromptu
character. but in the same tenor were
also delivered by Councilman Birming-
ham and Wnn and Messrs Cannon and
MCNamee
\ copy of the Providence News was
produced showing Alderman covell as on
record against free transfer tickets and
there was anything but compliments for
the present incumbent
ln fact three hearty cheers were given
for the Providence News for having the
courage OF It's convictions and asserting
them openly and equally hearty were
three cheers more given for the candidate
for alderman, Thomas L. West
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25

nearly a million and a quarter dollars.
and nearly Si0o.0oo I'm cash.
All OF these securities have been recov-
cred through Messry Bartlett a. Burke.
counsel for Smith aud Swift, and also
S92 OM in cash and this transac ton was
no doubt accomplished ia this city before
the attorney left for Boston
Exclusive OF the balance OF SJSio,in cash
the loss the hank appears 10 have sus-
tanned Was about sliS.9a which has been
made good out OF ts surplus ard undivld-
cd prOnts.
INDICTED by FEDERAL JURY.
The United States grand Jury at Boston
reported AT noon. today. handing dawn
an indictment against swift aud Smith OF
the Merchants National bank OF Lowell
Judge Colt presided aud an Indictment
OF the strongest character was returned
Certifying 10 false entries was one Of the
charges and the charge of embezzlement
was made prominent
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25

they found they could not make arrange
ments for their safety they took that
means OF getting out OF the way"
FORETCIN t-t1tt-tt' t-t,fs ssttfssi ~ ~. TER
"Is this belief merely supposltion on
your part, or is II based on some In
formation YOU have received asked the
reporter
"Well it isn't supposlton," was The
answer 81 have been told this by peo-
pie who ought to know about them and
who claim 10 know. ! don't care go say
who told me or anything in regard to
the source OF my Information.
so FAR as my recent connection with
my brother is concerned ! know noth-
ing sbout him Ne have not been init
mate for some time. and. although we
have always been ON friendly terms.
have seen very little Of him. Since he
WAS married he has been placed higher
socially than | have. and / haven't tried
to keep m with him
This thing has been great shock 20
me. or course I want 10 see the boys
get safe away. bat and all the family
would have given all We possessed rather
than have II happened. Al IL my big
brother. and ever since was little
fellow he has been sort of an idol 60 me
and have always looked up TO him and
fact that We have rather drlfted away
from each other during the past two or
three years
~ 40 not believe he Viii come back and
don want him 20 give himself up now.
" he has got away on a schooner. ~
firmly believe ne has I fervently hope he
will escape and not be brought back
" those are tho facts in the case the
men would seem to be safe for - time.
nt least as thcy are on inc decp water.
and no one but their relatives and coun-
scl know whore they arc bound The
relatives ~ coursc. viii not say. aud 90
cXtract blood from = stone ~ aasier than
10 Get enl attenuation on tho point from
either Mr. Bartlett or Mr. Burke
~ D. more than probable that smith
may have gone ON ono ~ the coal barges
early this week to Eiizabrthport. y. 4
aud thence a. ReadlnF. Pa. where sister
resides
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25

The secret service force under chief
Wiikie 80 Washington has been called
INTO The case and the comptrolier of the
currency states. through Bank Examinsr
EYcr. tbat che teller and ho1,a
keeper entered ihe bank during the night
and abstractcd securities TO the value Of
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
TICKET CHANGES.

City Clerk Clarke has closed his list Of
declina tions and substitutions on straigh
party or nomination papers and the first
tnstalment OF specimen ballots Is eN-
peCted tomorrow afternoon.
The name of John Degnan. ~ Elm
street, has been substituted for that OF
William j. keenan, az candidate for the
common council from the Fifth ward.
I'm place OF James T.. Riley I'm the same
ward the name Of q. Rufus Norton VIII
appear as a candidate for school commit
tee for three years
No more changes In the tickets Will be
accepted or essayed by the city clerk.
Judge Southwick. chairman OF the
board of canvassers and registration.
stated today that the lists of supervisors
democratic and Republican would be
ready by Monday aud when announced
they would be authentic and official
The school committee VIII meet this
evening but there r. nothing but routine
business to receive attention.
Mayor Granger, who has been out OF
town for dan or two. returned this AZ
ternon. ana was again al his desk, genial
as I sual
According TO neatly printed state
ment lust issued bv city Treasurer
Clarke. there WAS al Increase AZ the
beginning of the fiscal year Oct. of
s8Ss. .OOo I'm the bonded indebtedness and an
increase OF S2i .l55.1l in the floating debt.
The statement given is a. follows.
Bonded Sls.s24Vo0: nosting. sisl 900 ~
total debt, 81. .S2l, ,t60. .l6: sinking funds,
S. ss4 52l ~: net debt sla 03o. u; water
debt. included i'm above. ss.0os.0oo.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-25
FINANCIAL NEWS
Moa York Stocks.

Reported by FLETCHER a. TAPPAN,
street noor. Banigan Building.