davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
short Court Cases.

The complaint has at last been filed
IN the suit brought by Gus 5. Holmes
against Hornblower & Weeks. which
was commenced on October 26th Plain
un alleges that on May Sth he placed
200 shares Of American Sugar Refining
stock with defendants. who are New
York and Boston brokers. with orders
10 sell when Il reached $751; Plaintiff
claims that 10 did reach that point on
two separate occasions, but that the
brokers sold Il on September 18th at
Si2L and he asks judgment against
them Tor 81 500
Rodney T.. Wilcox today petuoned
the probate court to appoint him guar
dian of the estates OF Bessie d. and
Rodney Elroy Wilcox. minors, who re-
Gently Inherited real property In Salt
Lake City and cash on deposit In lions
Savings bank amounting TO b6is. %.
The hearing was set for November 90
Judge Han today continued the case
Of Sarah Eytrari vs. A. r. Hyde IN
an saturday. Nov 9Th. This Is a suit
brought 20 recover 2,57l claimed to be
a balance due on two promiss0ry notes.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
LINING UP FORCES
FOR TOMORROW.
ChaIrmen Eichnor and Foulks Both Claim
Victory for Their Parties Only a
Question of Majority.

Tomorrow will determine which Of
the TWO political parties--Republlca or
oemocratic-is TO direct the affairs OF
SAT- Lake City for the next two years.
While the leaders OF each parties claim
they viii be victorious, II is pretty
Yearly certain that no man knows what
the verdict OF the voters Will be until
AFTER the polls close at o'clock. In
TACT 1t win be nearly three hours later
before the result will be known in de-
tall over the city.
Today, the last before the battle.
presented an air of unusual activity
aoout the respective headquarters. In
fact II looked more like campaign time
tnan any day since the tickets were
put in the field, Notwithstanding the
air OF certainty that prevails. or an
pears to prevail in each Of The camps.
no definite information as TO the out
come IAN be secured. Of course both
republican and Democrats have made
careful canvasses of the voters with d
view to asoertainlng their political pre-
affections as applied to the issues which
Nill De formally passed upon tomorrow.
But these oanvasses, it ig admitted. a,c
naDie to disclose some strange things.
ConserN alive clUztns, REGARDLESS cf
poiltics, say there VIII be much scratch
ing--probab'y more than ever before i'm
LEGAL campaign. Should this be true.
!hd the Indications are that II viii b..
II car be easily seen that wise indeed rs
the man who knows what the morrow
viii hiring forth
EIcHNoR SURE OF TRIUMPH
The Republicans will win by LOO
majority was the statement Of Chair
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
RECEIVERS REPORT HEARD
Il is Filed by A, 7. Neon in Daisy Gold
Mining Case.
Numerous Objections Made by Credi-
tors After which a Posiponement
IL Ordered Un,il saturday.

Judge Stewards time was occupied
this morning I'm hearing the report OF
Receiver A. T, Moon, Of the Daisy Cold
Mining company, and the objections
raised by the host Of creditors. The
case is entitled Seward H. Fields. trus-
tee. and the Bank Of Commerce Of Salt
Lake City VS. the Dalsy Gold Mining
company Of omaha. Neb., A. T. Moon.
receiver" and SC other defendants AZ
ter hearing the case TIL noon the court
continued further argument TIL
o'clock on Saturday. The attorneys
who appeared In the case were f. b.
Critchlow, OF Pierce, Christchlow ana
Barrette, for plaintiffs, j. f. Frick, Of
Frick and Edwards, for the Daisy Min
ing company and other defendants. and
c. $. Patterson OF Patterson and Meyer
for q. w Popp.
cradle interest. In May, 1900, $. H.
Fields. as trustee for certain creditors
advertised the sale OF property OF the
Daisy Gold Mining company. The
claims were about $4,000. In order 10
block the sale. one c. W POpp rushed
into court al ToOele and procured from
Judge Cherry. who was then on the
bench In the civil division Of the Third |
district court. the appointment Of a. r, |
Moon as receiver. He Immediately /
brought suit against Fields to enjoin /
the sale. This procedure tied the /
nrOuartN nm u-ffh tho Voeulf that ma D
sale has yet been made.
In the meantime Fields and all the /
other creditors brought suit against the
Daisy company 20 enforce their liens
A trial was had and judgment rendered
In their favor. but 40 final decree or
order OF sale was entered for the rea
son that the court was unable 60 say
how much should be entered as
preferred lien against the Daisy com
pany's property on account Of the fees,
expenditures. etc, 81 the receiver. A
trial Of the case OF Popp against the
Daisy company resulted IN a judgment
against Pom and a finding of the
'curt that Moon was not the receiver
n the Mining company, and had never I
acquired any right 20 act In that ca
oacity. Moon has now filed his ac-
cunt as receiver and wants reimburse
nent for certain expenditures aud sala-
y and compensation for HIS attorneys.
Patterson and Meyer The company
Ind the creditors object 10 every Item
kept those for Waterman and insur-
Ince ~ the property
The hearing commenced today was
or the purpose OF determining what
laims the company viii allow and TO ! {
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
Personal Damage Suit.

Trial Of the damage suit OF Nancy ].
Nichols against the Oregon Short Line
RailWpy COMPANY which was inter-
rupted some months ago out Of respect
TO Attorney r. l.. Williams general at
.orney FOR the Oregon Short Line,
whose wife died while lfr. Williams
was defending the company In the
suit. Wds RECOMMENDED before Judge
Morse aud jury this morning.
The action is brought by Mrs. Nichols
to recover y25,oO0 damages for al.
legged injuries sustained By her in
wreck Of an oregon Short Line train.
betweoen IcCanInOn and Bancroft.
Mrs. Nichols testified that she was
thrown violently To- the floor 81 the car.
her sister-in-law. Mrs Hansen, fallins
IN top Of her. that she was knocked
, enseless. She also testified as to tie
injuries she had received and as TO her
permanent dlsablemcnt. Plaintiff is
represented by H. s. Tanner and the
by George II. SnLth and j.
W y. MhitecottOn.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04

man ia9 Dennis c. Eichnor today. q base
sils conclusion on conservative estI.
inute OF the canvass. don't think the
uogVtlul vote Is any larger than usual.
anu l dont think there viii be so much
81 atcnHlg as some people seem 70 think
at present have no fear OF any Illegal
sot,ng think the judges win give
pom parties square deal and that Is
ali we ask for. | think the full ticket
VIII be elected Thompson's majority
Two years ago was only i4l We have
mage clean campaign, having az.
pealel TO the reason Of the people and
not thelr prejudice AZ TO whether tho
Democrats have done that or NOT I viii
let their actions speak for themselves
An Inc preparations for the election
nave been made and / expect the day
TO 90 on quietly, aud after the ballots
are counted this city VIII stiil be salt
West"
FOULKs EXCEEDINGLY HOPEFUL.
Chairman John Il. Fouks IL the busi-
est man around Democratic headouar-
ters' When seen this afternoon ne sald.
i never felt more hopeful than do
To-Day said he. OF course would
not venture TO place an estimate upon
the majority that we viii roll 10. we
can tell better about that after the cleo
ton There will be large secret vote.
nut we have the platform and the men
ana there is therefore every reason 70
believe that we win elect every man on
The ticket
what | am most fearful Of" con-
tlnued MI Faulks, rs the illegal vote.
! don't wish Ia charge crime. mind
you but a great many people have re,;-
lstered under misrepresentation OF the
Jaw / know of several people who
have registered in districts where they
nave not lived over ten days, and The
law requires residence of sixty days.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
'-s-s7777----a--'
LATE LOCALS.

The many friends OF Miss Karna
Thatcher, who was dangerously m
from pneumonia On Sunday. will be
pleased TO learn that she is reported
as being much better today.
b ". Ellerbecl underwent A critical
operation at St Marks hospital today.
One VI his Kidneys was removed ana
he II getting on as well as could be ex-
pected under the circumstances.
The Alabama Mining company today
Incorporated with a capital stock OF
sic.ooo the directors are c. n. Rogers
president; Joseph NJ Smith. vice presl.
dent II Nielsen, secretary ana
treasurer
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
THE CAMPAIGN
The COUNTRY over
In New York City Heavy Vote Will Be
Brought Out Ohio Somewhat Doubt
ful-BOth Sides Claim Louisville.

/ differences as are the cities and that
the accidents are all their way.
Local AFFAIRS enter into the election
| tomorrow more than usually. Besides
| a full state ticket and members Of the
Legislature there are full county tick
cts. In Cincinnati the vote on the ex-
| tension Of the lease Of the Cincinnati
| Southern railroad Is most import
ant factor. In Cleveland, Mayor Tom
| Johns0n's taxation theory and factlonal
troubles complicate the situation. In
Toledo the old centennial controversy
and I'm Columbus local option ana
other questions are diyerting attention
from both national and state issues.
In his last appeal 10 voters today
Chairman Dick Of the Republican state
committee repeated the keynote OF
standing by the principles of Mckinley
and supporting President Roosevelt In
carrying out the same. Chairman DICK
predicted larger Republican plurality
than two years ago and q majority or
II senator's and Of 30 representatives, or
II on Joint ballot II full vote Is cast,
Secy. Gillian and Col w A. Taylor
estimate the reverse and Taylor gives
figures on peculiar system OF percent
ages In the shortage OF the vote
The weather became very disagree
able last night and the indications are
that II win continue cold and threaten
ing tomorrow.
IOWA EXPECTS SMALL VOTE.
Des Molnes, Iowa, Nov. a.--With the
cold weather predicted for tomorrow 1t
Is the general opinion that the vote
for the selection of state and legisla-
tive officials will be small as compared
with one year ago and even less than
three years ago. There are five tickets,
Republican, Democratic, Populist Pro-
hib.tion and Socialist. Apathy has ex-
listed from the start. There has been
no prominent issue before the stateand
the only speaking campaign conducted
has been that of the Republicans, the
Democratic candidate. T. ]. Phillips
being content with a hand shaking
tour OF the state. The total vote anti
cipated will not exceed 100000 as COM
pared with 529,0O0 one year ago. There
will be chosen a governor, lieutenant
governor superintendent of public in
struction, railway commissioner Judge
OF the supreme court and members of !
the legislature. An concede that A. 3. |
Cummins, Republican. will be elected |
governor, and his majority is estimated |
by the Republican state chairman at |
II 900. while the Democratic candidate |
is willing to concede 10000
BOTH SIDES CLAIM LOUISVILLE.
Louisville, Nov. i.--Democratic and
Republican leaders we're at headquar-
tiers bright and early today and both |
sides reiterated their claims Of najori-
ties. ranging from 5000 to 1000 In the
city. The Democrats appear more con-
hdent than the Republicans, but the
Republicans have worked harder than
for years. Outside the city through
put the state. there has been almost
no interest and surprises are looked for
In the legislative race. The indica-
ions are for fine weather tomorrow.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04

, had not done so, although he would
have been justified IN saying so II the
thought II proper under the conditions
OF the war. Capt. Sigsbee was excused
and Capt. Lemly announced that he
had no more witnesses to call Frank b
| Richards was then sworn Mr.. Rich
ards said he was on the dispatch boat
Premier during the Santiago campaign
and that the boat was hailed by Capt.
Sigsbee on the night Of May q or Is.
AZ this point, Capt. Lenly objected to
this line OF evidence on the ground that
Commodore schley was not present
during the conversation, also that IL
was not material 10 the issue. Capt.
Lemly referred to the ruling Of the
court regarding the Potts-Seafs con-
versation. which had been ruled out
and claimed that this was exactly a
parallel case
Mr. Raynor contended that this al
legged conversation with Capt. Sigsbee
Is one OF the vital points Of the case;
mat II bears directly upon one OF the
most specifications OF the precept. Mr..
Raynor said he did not desire 10 i'm
peach the credibillty OF Capt Slgsbee,
put would endeavor TO impeach his rec
objection. After a short argument by
MT Hanna In support Of Capt. Lem
Es objection. the court retired TO con-
kider the point raised. The court was
absent but short time. When It re-
TURNED hdmiral Dewey announced that
g we testimony OF this witness is not
.onsluercd material TO the case. the OBJ
lecuon rs sustained In accordance with
tns courts previous ruling. Under this
ruilhs ne'titt Mr.. Richards nor Mr..
Lynch could testify and Admiral schley
tooh 'Ls asano for the purpose Of cor
rectlng his testimony.
scHLEY coRREcTs
The admiral was suffering from n On.
serc coic ana his voice was quite
noarae. lie began his corrections al
me very INST OF his testimony. Most
OF thtse corrections were OF typographi.
cal errors OF the changing OF words TO
maze sentences read more smoothly.
IN referring TO his testimony regarding
the arrival OF the Harvard on Nav III
win dispatch from the secretary OF
me navy Informing him that "all OF the
department. Information indicated
the presence OF the Spanish squadron
az Santiago, which dispatch he had
declared had never reached him and
ther' foe he had never seen II or heard
of II until recently. Admiral Schley cor
rtcted this portion OF his testimony by
stating that neither his flag lieutenant
nor Ills secretary had ever seen the ais.
patch nor remembered It. He had
included his first lieutenan,
In this statement Referring 10 his tes. |
llmony regarding the reconnaissance q, |
May 81, the admiral changed his state.
nent that nifty. n not more. shells
passed over the feet" 10 read thai a /
number Of shells passed over the nee.
Iie also changed his evidence concern
ng suspicious concerning movements IN
he harbor OF Santiago. July 2, to read
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
oBERLIN NJ. CARTER CASE.
Motion Made 60 Advance IL on the
Supreme Court Docket

Washington, Nov. Ain the United
States Supreme Court today a motion
was entered by A. A. Hoehnling. Jr.. to
advance on the docket the case Of ober-
lin II. Carter. The case IL an applica-
ton for a Writ OF habeas corpus and Is
a part OF the proceeding In Cant
Carriers case 20 secure his release from
the peni;entiary. II comes to the Su.
preme Court on an appeal from the
United States district court OF Kansas.
The court took the motion under adj
Xieefnpnf
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04

and on the streets, and | have received
numerous letters telling me ! have The
opportunity Of my life; that VIII be
the most popular man In the state II 1
VIII hold Luke to answer to the charge.
One man assured me that there was
more interest in the case than in the
coming election, and that I viii be do.
ing a public service II / VIII out decide
against the defendant.
But | told them al that II made no
difference 70 rue what people thought
about t. that had duty 10 perform
and / was going to no according to the
law and the evidence. and that didn't
care whether il was Luke or any other
man, he would get a fair trial.
asked these people, How would you
like to be tried on a serious charge and
convicted on public opinlong and that
settles them. Luke Is en-
titled to fair trial according TO law,
and he will get It,"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
ARGUMENT In SCHLEY CASE BEGUN
Mr. Hanna Opens for The Navy Department Case May Go to The
Court Thursday-The Admiral Had Few Corrections to
Make-TwO New Witnesses Called.

Washington, Nov 1.-Two new wit
nesses We're before the schley court of
inquiry today, both of whom were
called in the interest Of Admiral Schley.
They were Frankt b. Richards and Geo.
Lynch, who went through the Cuban
campaign as newspaper correspondents.
Mr.. Richards was on the press boat
Premier and was called to testify con-
corning the interview with Capt. Sigs-
bee. while the latter was IN command OF
the st. Paul of Santiago. In May, 1898.
Mr.. Lynch was on the Somers N. Smith
and was called to relate hi, recollec-
tion Of Capt. Sigsbee's com nunication
TO that boat concerning which Photo
grapher Hare and Correspon lent Scovil
have already testified. Capt. Lemly
submitted TO the court large mass OF
documentary evidence. inclu ting Capt.
Goodrich's report concerning cable cut
ting made on April 20. 1898. the reports
made by Capt Philip OF the Texas,
Capt. Higginson OF the Massachusetts.
Capt. McCalla Of the Marblehead, and
Capt Cotton OF the Harvard, Commo-
dore Schleys report OF May SO. Capt
Wise's report OF the operations OF the
Yale of Santiago; the log Of the Span
ish ship Cristohal Colon; Admiral
SIMPSONS orders 10 Capt Folger Of the
Scorpion; all the reports ot-the COM
mandlng officers OF the battle OF July
3 Commodore Schley's letter 10 the
Senate; one Of Capt. sigsbee's letter.
and also a letter OF the secretary Of the
navy to the Senate as printed IN execu-
tive documents.
NO CHANGE IN PROGRAM.
There has been no change Of the pro-
gram arranged on Friday for the pre-
sentation or argument by counsel Mr. |
Hanna Will lead on for the government.
and II was expected at the beginning
Of today's session that he would begin
his presentation OF the case at the az
tern0on sitting. but that he would not
be able 10 conclude until tomorrow.
Mr. Hanna will talk for about three
hours, and VIII be followed BY Capt.
Parker on behalf Of Admiral Schley. II
is expected that these -wo speeches win /
consume most OF the courts time to- |
morrow, and i Is now believed that Mr.. !
Raynor for Admiral Schley. and Capt. |
Lemly for the government win con- |
clude the presentation 10 the court on |
Wednesday and probably part Of Thurs
day
sIcsBEE RECALLED.
The first witness TO take the stand
today was Capt. sigsbec who was re-
called for the purpose Of correcting
his former testimony.
While he YVES on the stand. Mr.. Ray.
nor asked him II he had megaphcned or
otherwise communicated 20 the press
boat Premier while on Santiago, the
iact that the Spanish feet was not In
santiago. The witness replied that he
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
Cases Trnnsferred.

In the case Of L. NJ Lawson et al
VS. the United States Mining company.
Judge Han this morning ordered the
case transferred 20 the Unite. states
circuit court Superintendent May
bury Of the United states Mining COM
pany was examined Tor contempt II
court and discharged, but the order
10 show cause against Holden and
Bradley remained IN force They will
have 20 answer on their return 70 the
city The restraining order against
Lawson et al viii remain in force until
the case Is disposed Of by the circuit
court.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04

tended to embarrass the court, or to in
timidate t. as charged. VIM. Il.
Hearst, the paper averred, is not re-
sponsiblc for what appears In the pa
per, being merely the majority stock
holder II Is also stated that il the
newspaper has printed matter placing
those In question in contempt In court,
Andrew Lawrence. the managing editor,
should alone be held as he Is respons.
Oie foi all that goes into the paper.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04

Nav York, Nov. i.-save for the final
abort in marshalling forces at the polls
,omorrow the municipal campaign Is at
on end Seth Low and Edward shep-
ard the rival candidates for mayor
Instlce Travers Jerome, fusionist nom
,ree for district attorney Of New YORK
county and the other leaders on the two
tckets have made their last speeches
and except for a few scattering meet
,ngs there will be no more rallies
Both sides are determined to bring
ont the heaviest vote possible and TO
that end the organizers VIII devote all
of their time until the polls close to-
morrow night. The eve Of the cleo
hbn finds both sides apparently conf
dent. The Democrats claim victory for
the entire city ticket by from $4,000 TO
10000 majority while the Fusionists
advance practically the same claim. The
Fuslonists assert that they are certain
Of the defeat of Robert A. Van Wyck
the present mayor, who Is candidate
for Justice of the supreme court. They
also express great confidence In their
ability to elect Edward NJ. Grout as
comptroller. Grout was elected pre-
sdent of the borough of Brooklyn four
years ago as Democrat. The sharp
est contest Of all the bitterly contested
campaign is between Justice William
Travers Jerome Fusionst, and Henry
w. Unger, Democrat, for the important
II taik fAa Mo-
county Each side claims success for
its man with equal positlveness,
The weather Indications are favor
able and there VIII probably be a heavy
vote.
Richard Croker expressed himself as
follows as TO the result: 1--WE are going
TO win. The figures we gave out last
are conservative. Kings
county will give good majority for
Shepard. Shepard will get a large ma
jority in New York coL'ity. ! am not
saying this to boast. Allowances have
been made on all sides The Demo-
cratic ticket from top to bottom will
win In all the boroughs."
OHIO SOMEWHAT DOUBTFUL.
Columbus, Ohio, Nov 4.--The cam
paign in Ohio has been as quiet as 1t |
was short The falling off of the reg
istration In the larger cities, the UNI
usually indefinite indications of The !
poll books and the general lack of in
terest have put the leaders TO guess
Ing. While the Republicans are con-
ldent Of winning, they fear that the
small vote may reduce the pluralities |
ihat they expected on the state ticket
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
AFTERNOON MINING CALL.
Prices Much Lower Carlsa aud Uncle
Sam Down Ajax Weaker.

Prices were much lower this after
noon. a sharp decline took place all
down the line excepting in Ben Butler
which advanced to III. The call was
not through when the News" report
closed, but 1t showed drop Of s cent a
,faro in Carisa and Uncle sam COM
nared with this mornings prices. The
former sold down TO Sll6lh. while the
latter changed hands at S1.O2. Ajax
was active at SLY. May Day released
l2,0oo shares between s1.l41s and sl.l0J5.
resora declined TO 4S9s. while South
Swansea was unuaually active between
361s and Si6. Star Consolidated let go
2.t0o shares at 80 and 81, Dalton sold
at Sss.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
King Edwards New Title.

London, Nov 4-King Edward, at
meeting OF the prvy council today
signed the proclamation giving him HIS
new title as follows:
Edward the Seventh by the grace OF
God, OF the United Kingdom Of Great
Britain and Ireland and OF the British
dominons beyond the sea, king, de-
Tender OF the faith, and emperor Of In
dia -
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04
g ant May 4cceed Funston.

Kansas City Mo. Nov. At is stat
81 that Gen. Frederick Funston will
shortly apply for leave OF absence from
the Philippines and return to the Unit
ed States on a visit. II is said that he
Is recovering rapidly from the opera
tlon for appendicitis recently undergone
at a Manila hospital Gen Fred. d,
Grant will, II is said, likely succeed
Gen Funston in command OF the San
Fernando district