davidaulloa/AmericanStories huggingface dataset:
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-09-07

Mccall. | think he was to my left.
Can't say positive where he was
(This contradictS the testimony of
Frank RhoadeS.1 [ know he was not
between me and Mccall. 1t was hard
to see up on the hill. Mccall got
down on his knees by the side of Hop.
per and was talking. don't know
whether Hopper said anything or not.
He had his left hand on Jimmie's
breast, his face dropped down over
him. He was talking earnestly.
Witness first stated that he did not
remember Mccall speaking about 60
ing for a physician, then said: "He
told me toget as many physicians as I
wanted. He said if one was not
enough to get two"
Walter Costello testified to much
the same state of facts, except that
he said Mccall told him afterward
that it was an accident and he was
sorry.
John Lee: While Hopper was in
the house on the floor Mccall was
with me out on the porch. 1 asked
him to let me see the gun, and he
started to give it to me, then took it
back and unloaded it, saying: ''Let
me unload it first" He said the gun
never bounced. He said it was a
good gun.
Eddie Rhoads: Mccall told me
that was not very bad wound. That
he had seen worse ones. He said he
saw negro shot in Colorado who was
killed instantly. He joined in the
general conversation after the shoot
ing. I was up on the hill where
Jimmie was lying down on the ground.
Jimmie got up and started to the
house. I heard a shot and turned
around and three more were fired.
thought when Jimmie said he was
shot he was just joking. I went
down and Mccall was kneeling by
Hopper. He said: 81 don't see how
in the world I could have hit him."
John Mangold was called and told
practically the same story with only
minor variations.
The State rested it's case, and the
defendant introduced William Mer-
kline, who said: 1 was at the dance.
saw the shooting by Mccall, he was
shooting rather up the hill. Witness
also testified Mccall had borne a good
reputation. He also testified it being
a dark night. Mccall was looking or
facing east and shooting north.
Defendant Mccall was called and
testified, did not know this hill was
back there. I thought 1 was shoot
ing high enough SO as not to hit any
one. L did not get there until after
dark. LUST went out and pulled the
revolver and shot it off. I did not
know there was any one up on the
hill. do not remember re-Ioading
the revolver. After the first shot
was fired I heard some one say, Il am
shot. But I thought it was just in
fun, and shot the other three shots.
I did not even believe he was shot
even after 1 was told he was shot. I
talked with Jimmie Hopper before he
died. Iknelt down over him and had
this arm around his head or by his
head, this hand on his breast.
On cross-examination he said he
knew there was a hill but didnot
know it was SO high. I went out be-
cause it was SO warm in there. 1
simply shot the shots without look
ing. I knew I was not shooting to
wards the house,
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1901-09-07

The jury in the Mccall case return
ed a verdict of guilty of manslaughter
IN the fourth degree. They were out
all night and only agreed about 8
O'Clock this morning.
The punishment prescribed by law
is from six months in jail to two years
in the penitehtiary.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20

d. C. French, the sculptor, tells for
1.-The Youths Companion" the story of
his experience when he was commission
ed to make the bust of Ralph Waldo EN-
erson which is now in Memorial hall of
Harvard University. At one of the sit
tings, says Mr.. French Mr.. Emerson
rose suddenly and walked over to where
the artist was working. He looked long
and earnestly at the bust and then, with
an inimitably droll expression, he said:
THE trouble is the more it resembles
me the worse it looks" After the scuip-
tor had finished the bust he asked Mr..
Emerson to inspect it, The philosopher
opinion was Enthusiastically terse.
We'll" he said at last, that is the face
l shave"
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
Soldier Insulted Presidents Memory

Private Devine of Company H. 18th cav
airy, stationed at Fort Ethan Allen, was
court martialed Saturday and sentenced
to a long term of imprisonment the ex-
act term being withheld by the officers
1t is understood to be 20 years. Devine
enlisted with the cavalry at Fort Myer.
When the news that President Mckinley
had been shot at Buffalo was announced
at retreat Sept. 6, Devine remarked
Served him right" and accompanied the
words by a vile epithet. His comrades
came near mobbing him, and he was
placed in solitary confinement in the
guard house, pending the condition of the
President
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
81 AT. sCHwENK, Register.
CTATE OF VERMONT, Markham IS

STATE OF VERMONT, Marlboro, SIS
~ by the Probate Court for said District
To all persons interested in the estate of
ELIZA A. KELSEY, late of Newfane in said
DISStLict, Greeting:
1 on are hereby notified that this Court will
decide upon the allowance of the account Of
I'm; IS Balley, Administrator upon the Estate
OF OF Eliza a. Kelsey, late of Newfane in said
thereof to the persons entitled thereto M the
session thereof TO be held at the Probate Office
IN Brattle6oro, in said District, on the 18th day
may be heard in the premises if Won see raiIS Su
% a. +. SCHWENK, Register
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
STATE OF VERMONT, Marlboro, IS.

A1 d. VI VERMONT, Marlboro, SIS.
~ by the Probate Court for said District
10 all persons interested i'm the estate Of
ceased, Croat IL, ~
inns Court an instrument purpOrting 10 he the
Iast VIII of said deceased, for probate:-You
are hereby notified that this Court will decide
upon the probate of said instrument al the
session thereof, TO be held at the Probate Office
~ blattleboro. in said district on the 2Sth day
OF september, A. ID. 1901. when and where YOU
cause. WV SAINT II !Ou S0e
81 Al SCuwENyuy po,,is.,r
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
STATE OF VERMONT, Marlboro, IS.

SIAIE Of NERMONT, Marlboro, IS.
~ BY the Probate Court for Said District
10 all persons interested in the estate of
ERNE L. FAULKNER. late of Wilmington.
in said district. GreetinS C'''
You are hereby notified that this Court will
decide upon the allowance of the account Of
Chas. II Faulkner, Administrator upon the Is
tate OF Ernest l.. Faulkner, late of Wilmington
IN said District, deceased, and decree distTibu-
uon thereof to the persons entitled thereto,
az the session thereof TO be held at the Pro-
bate ONCE in BrattlebOro. in said district
on the 18th day of September A. D. 1901. when
ana where you may be heard in the premises
if you see cause
81 A. + SCUwFN,K pa,,;s,or
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20

~ by the Probate Court for said District
10 all persons interested in the estate of
CALlSTA j. LYNDE, late of Brattieboro.
deceased Craati,, So W
whereas, Geo. X. Persons has presented 70
TINS court an instrument purporting TO he
the last will of said deceased, for probate;-Yon
are hereby notified that this court will decide
upon the probate of said instrument M the
session thereof, TO be held at the Probate OF
nee in BTattleboro, in said district, on the 2Stb
day OF september. A. ID. 1901 when and where
you may appear and contest the same if Won
see cause. 81 A. +. SCHWENK, Register
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20

Bishop Henry B. Whipple, the Protest
ant Episcopal Bishop of Minnesota AZ
years died at his home in Faribault,
MINI. Monday. He was a leader in the
work of evangelizing the Indians.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20

STATE OF VERMONT, Westminster, SIS.
~ NJ me Probate Court for Said District.
, 10 all persons interested i'm the estate of
EMeILf Z, BURNAP, late of Townshend in
saI1 district, deceased, Greeting:
whereas, Della A. Franklin executriX of the
VIII of Emily G. Burnap late of Townshend, in
said District, deceased, has filed her petition in
Ihls Court setting forth that the sale of the
Mhole OF the Real Estate of said deceased will
be necessary for the payment of the legacies
% SAID deceased, and praying for license TO sell
the same, Whereupon il is ordered that the
same De heard at the session of said Court, 70
be held at the Probate Office i'm bellows Falls
on the 9th day of October, A. ID. 1901, when and
where you may be heard in the premises, If
you see cause.
81 ZINA H. ALLBEE, Register.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
COMMIssTONERs' NOTICE.

COMMISSIONERS NOTICE.
~ Estate of CAROLINE ;. BALESTIER
The undersigned having been appointed bv
the Hon. Probate Court for the District Of
Marlboro Commissioners, TO receive, examine
ana adjust all claims and demands of all persons
against the estate of Caroline 5 Balestier late
OF Brattleboro in said district deceased and all
claims exhibited in offset thereto, hereby give
notice that we will meet for the purpose afore-
said. at the Vermont National Bank on the 2sth
DAY OF september and ajth day of October next,
from q clock p. NJ. until O'Clock p NJ each
OF said days, and that six months from the "a
day of September 4. ID. 1901 is the time limited
Dy SAID Court for said Creditors TO present
thelr claims TO us for examination and allow.
ance.
Dated at Brattleboro this 18th day of Septem-
per' -; u; lUi; - 81
GEO. G. AVERILL commissioners.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
MILDRED HOLLANDS REAPPEAR.
ANcE.
The Charming Actress Received with
Unprecedented Enthusiasm-Com-
pany Remained in srattleboro Yes.
terday.

The second appearance in Brattleboro
of Mildred Holland as Aria in Theodore
Kremer's romantic play, 1.-THE Power Be-
hind the Throne" was before an audience
that filled the Auditorium Wednesday
evening, and the charming and graceful
actress was given such an expression of
popular honor as never before has been
accorded a theatrical performer in the
Auditorium The audience put its in
delible mark of approval upon the acting
of Miss Holland and her able supporters
by giving five curtain calls at the end
of the third act, which expressed more
strongly than can words the fact that
Miss Hollands delineations of character.
of sentiment, and all, We're faultless.
Herself a woman of high character and
an indefatigable worker, she brings to
the other members of the cast an inspira-
ton to do their best, and the result is
performance of exceptional merit.
Rita O'Neal, as Frau Winter and
Lillian Norris as Duchess Won Waldheim,
acted with the same strength as last
year, showing entirely correct interpreta-
ton of their parts. The others We're not
in the cast last season. Wright M. Lori
mer the leading man, showed excellent
judgment as baron Won Hohenlohe, hand
ling the part with superior skill Del De
Lewis, as President Won Hohenlohe, was
tower of strength, and the other mem
bers, Samuel Lewis, as Johann Winter,
Rose r. Gadsby, as the village gossip,
Kenneth Davenport, as Ronald's orderly,
w. H. Pendergast, as the presidents sec
rotary, Carter Weaver, as Count Won
Oberfels. and Camille Porter. as the maid
OF the duchess, gave support of a high
order to the leading parts.
The company did not travel yesterday
but remained in Brattleboro on account
of the funeral of President Mckinley.
They prepared the play in Bennington
and gave there the first performance
In a 4O-weeks' tour, The performance
in Brattleboro was their third this sea-
son.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20

Those unhappy persons who suffer from
nervousness and dyspepsia should use
made expressly for sleepless, nervous.
dyspeptic sufferers Price 25 cents.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20

There is no one article in the line of
medicines that gives so large a return for
ing plaster, such as Carriers Smart Weed
and Belladonna Backache Plasters.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
LEGAL NOTICES.
STATE OF VERMONT. Marlboro, S,

SIAIE VI bhMONT. Marlboro. IS.
~ BY the Probate Court for SAID District
TO all persons interested in the estate of
HIRAM Is. CHAMBERLAIN late of Brattle-
bOrO, deceased, Greetin,,.
whereas. Jenner II. Chamberlain has nre-
sented To this Court an instrument plirportin,y
70 be the last Will OF said deceasd. for probate.
You are hereby notified that this Court viii
decide upon the probate of said Instrument nj
the session thereof to be held at the Probate
once IN BrattleOOrO in said district ON the
18Th day OF September, y. ID. 1901 when and
If you see cause. '
- A. F. SCHWENK. Register
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
COMMISSIONERS NOTICE,

~ The Estate of ELMER o. GASSETvT.
the Hon. Probate Court for the bistrict ~
Westminster Commissioners TO receive. en-
anime ana adjust all claims and demands of ali
persons against the estate of Elmer o. Gasset +
l1le % Putney in said District deceased and
also All claims and demands exhibited in offset
Sneieio; ana SIX months from the 9TH day of
purpose, we do therefore hereby give notice
that we viii attend to the business of said
appointment, at the store of A j. Aver in
hulney IN SAID District. on the 18th dav 81
october and 9TH day of March next. from ,
said days ' VII e"on Vi
A.J.AYER
=. G L. PIERCE Commissioners.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
LEGAL NOTICES.

IN THE DISTRICT COURT of the United
L States. For the District of Vermont
In the matter of
Bankrupt.
Notice is hereby given that Henry H.
Nancor, bankrupt, has filed his petition dated
June ~ 1901, praying for discharge from all
ms DEBTS IN bankruptcy. and that all creditors
ana other persons Directing to said discharge
may attend before the undersigned referee AT
the Office of II. ID. Ryder. in Bellows Falls on
the 4th day OF October, \. ID. 1901. at o'clock
=. NJ ana then ana there present there obiec-
proofs thereon.
Dated this eth day of September 4. D. 1901.
y. +. SCHWENK,
81 Referee in Bankruptcy
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
COMMIl.s!slIoNERs' NOTICE.

4 ! V'II3NndSodIyN LIS NUIICE.
~ ESTATE OF ROSWELL WHITCOMB
we the subscribers. being duly appointed nv
the Honorable probate court for the district
OF Westminster commissioners to receive ex-
anime ana adjust all claims and demands of
all persons against the estate of Roswell Whit
comb, late of Townshend, in said district, de
ceased; and also all claims and demands ex
mDiIeu IN onset thereto; and six months from
S'ilu court Tor mat purpose, we do therefore
hereby give notice. that we will attend to the
dence of John c. Whitcomb i'm Townshend in
sad district, on the 9TH day of October and the
| n uay OF January, next from O'Clock un-
Townshend, VI, Sept 10. 1901.
L. L. HASTINGS :
c. Ii. WILLARD commissioners.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
A. F. sCHwENK, Register.
SrATET OF n VERMONT, Westminster, S..

STATE OF VERMONT, Westminster. IS.
~ The Probate Court for Said District
NJ 70 al persons interested in the estate of
Ell ELLdEA5.N NOh L. CUSHING of Townshend, in
s"Iv tuistIlct; minor, Greeting.
whereas, Frank F. Barber, guardian of Ele-
anor y. cushing of Townshend, in said dis
tIict mas Med his petition in this court setting
tofth That the sale of the whole of the real es-
tate OF said ward is necessary for the support
81 sald ward, and praying for license to sell
sne same. Whereupon il is ordered that the
S so pe heard at the session of said court 10
De nelu AT the Probate Office in Bellows Falls
on ne oth day of October A ID. 1901, when
az IA. where you may be heard in the premises
II you see cause m
ZINA II. ALLBEE. Register
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
STATE. OF VERMONT. Marlboro. IS.

STATE OF VERMONT, Marlboro. SIS.
~ By the Probate Court for said District
y 10 an persons interested in the estate of
u b. MERRILL, late of Vernon, deceased,
WI, Greeting;
- 3ereas, Lorraine c. Merrill has presented TO
!ns court an instrument purporting to be the
are hereby notified that this Court will decide
upon the Probate of said Instrument at the
session thereof TO be held at the Probate Office
~ ~ brattleooro, in said district on the 18th day
Vi september, A. ID. 1901, when and where you
may appear and contest the same, if you see
cause ~ A. f.. SCHWENK Register
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1901-09-20
STATE OF VERMONT, Marlboro, SIS.

STATE OF VERMONT, Marlboro, SIS.
~ ny the Probate Court for said District
VI - =, gu persons interested in the estate of
WI, Greetings
- whereas, j. II. Merriheld has presented to
i iis S0urt an instrument purportng to be the
aast Mn OF said deceased, for pro6ate:-YOu
nIe hereby notified that this Court will decide
upon upon the Probate of said Instrument at the
;ssion thereof 70 be held at the Probate Office
~ ~ brattleporo, in said district on the 2Sth day
O Oh september, A. ID. 1901, when and where you
may appear and contest the same, if you see
oeuse. 81 A. F. SCHWENK, Register.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-15
Resolution to That Effect to Go
Soon to the City Council.
General Assembly to Be Asked ID
Create Commission for This City.
How the Matter Arose.

900
There had WREN
Central
police COM
!. mis- for
than prota-
presume General Assembly viii
Providence police commission
on reque OF the city
reason to re-
such BILL this many OF
The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-15

There would. IL was argued. be concen.
trated effort for the better control OF tho
liquor traffic and good saving of money.
furthermore, IL Is said, the members OF
the police look upon the proposition with
favor, az they believe that they will he
much better of under a commission than
they are at present.
AS was quite natural in discuss;,y. ~.
matter the committee called attention TO
the improved condition of the fire DEPART
ment under a commission.
DRIVE OUT POLITICS.
II was also represented that the great
curse OF so many city departmerts pol.
itics. would be eliminated from the police
department, as IL has been from the fire
department, and great good would neces-
sariiy result, and a more efficient service
Nobody who has followed the adn1inis-
tration of the fire department for the
past few years can deny that abuses have
been eradicated men who thought they
owned fire stations have been removed.
and the efficiency of the fire service
brought up TO a standard which is quoted.
in other cities.
All of these things are OF common
knowledge. and the city council commit
tee says that they desire TO see just such
control of the police department. and
In view of the possibility OF legislation
next winter in that direction. they are,
inclined to allow the police pension fund
mission can take IL up and decide what
is best To he done
While 10 the members of the police forces
this may seem like delay. they Will
readily see IL is a. step for their decided
advantage.
THE APPOINTING POWER.
OF course, there may be raised tho
question OF the power OF appointment OF
such n commission, but there is no
doubt that when the Providence police
commission bin passes il Will provide that
the appointing power shall rest with the
governor.
lt may be- and probably will be. that
the city will be consulted before these
appointments are made. in order 10 secure
the best men for the positions to be fill-
ed, but there will be no disagreemene
over this question on the part Of the CITY
council. for il Is already understood that
any bill that the General Assembly may
pass will give the appointing power 10
the governor.
Just how soon the resolution win be
introduced in the city council is not at
present known. but that II viii be in ths
near future is already r. forgone conclu-
sion.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-15
ON DEMURRER.
Case Of Doyle VS.. Nicholson
File Co. Heard by Court.

The case OF Thomas Doyle pro ami
VS.. Nicholson File company was submit
ted TO the appellate division OF tho SUI
preme court today on defendants de-
murrcr 80 the plaintiffs declaration.
Plaintiff brought this action To- recover
damages for injuries sustained by falling
into a tank of boiling hot water. He was
employed by the defendant as a iile
gauger and while in the var. adjoining
the building In which he worked. he
climbed upon tank for the purpose OF
putting a rope through a window and
while standing on boards placed across
tho tank, the boards gave way and ho
was precipit,tcd into the tank
The grounds of demurrer are: First,
that the danger vRs obvious TO the plain
tn and that hs assumed tho risk. Sec
ond. that it docs not appear nv tho de-
elarstion that tho plsintin was requested
by the defendant 20 10 the act which he
was doing when hc vas injured. Third.
that the jlainuff was guilty OF contribu-
tory negligence In standing on the plank
covering the barrel o. boiling water and
that the accident was caused by the neg
Iigence OF a fellow servant
Thomas y. Vance ~ counsel for the
piainnn aud w ~ Vincent and Henry
~ boss, Jrs counsel Tor the defendant.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-15
HIS WIfE'S
AFFECTIONS
ALIENATE0
Charge Made by Taylor in
His $4,000 Damage Suit
Against Smith.

Dorr F. Taylor has sued Frank Y.
Smith to recover $1,000 for tho alienation
OF his wites affections. Mr.. Taylor was
married on July 3, 1891. to his Wife, Amey
III. Taylor. Mr Smith Is "a milkman.
The plaintiff In his declaration says his
wife and himself lived happily together
after their marriage until Smith came
between them. Mr. Taylor does not al
iege when the acquaintsnceship between
his wife and Smith began, but states It.
was after Smith began delivering milk TO
the plaintiffs family
IL is further alleged That the scheme Of
Smith was long and carefully prepared
one during which hc was carefully con-
irving wickedly and uniustly intending
10 iaiure tho plaintiff and deprive him OF
tho affections. fellowships and assistance
OF Mrs. taylor.
The affections Of Mrs. Taylor were Sc
cured by Smith while he had the entrance
90 the plaintiffs home for the lawful
purpose OF delivering milk.
Mr.. Taylor SAYS that Smith visited Mr,
Taylor when her husband and protector
was away. Ills homo 10 now desolate he
saws and a. the result ~ his disgrace he
has suff.rcd crcat anguish and has lost
the comfort that the pleasant sssocia-
tious with his wife brought him-hAfara
The defendant accomplished his wicked
purposes.
The Providence news. (Providence [R.I.]) 1891-1906, 1901-04-15
FRENCH
REPORTED
CAPTURED
Said to Have Fallen Into
Hands Of Beers With 500
Of His Men.

London, April 15.--ft is said that a pri.
vate telegram has been received here 90
the effect that Gen. French. with five
hundred -ritlsh troops has been cap
tured by the Beers while his force was
enveloped In a mist on tho hills. No
confirmation of tho report can be OBJ
tanned
The war office here knows nothing
about the rumored capture OF Gen.
French and entirely discredits the report.
MAJOR MBRIDE's VIEWS.
Ma ior Mcbride. the leader of the irish
Brigade in tho Bocr war, who made such
"a striking address on the adventures OF
his little band at the Empire theatre last
evening I'm conjunction with Maud Come
the Irish Jan Of Arc was shown the
report OF Gen French's capture h.
News representative this morning.
The major was greatly pleased with The
information and remarked that while The
stoicni nature OF tho Roers would NOT
permit them 10 make any great Demon
stration over the pleasing news. IN would
cause such CONSERVATION iu the British
camp and in England itself that she
will bs forced 10 make reasonable terms
OF neace.
Gen French Ia the opinion ~ Major
McBride ae well as of eNerx man u ho
fouEht on Tie Bocr side, Is the best gem
lie was feared by the Beers moro than
any other man. Mis- marvellous uuic<ness
81 movement and his constant afertnesa
constituting his great strength. AZ a fght-
Major Mcbride said Gen. French was
undoubtedly on one Of his usual raids
and ran Into u Boer trap where he Mas
continued on Page Iwo)