davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal., 1902-07-03
IN DIR. AMEs' PRESENCE
Crossman Says He Mentioned Pro.
lection to the Chief.

lection to the Chief.
. On the stand yesterday afternoon Lin
coin G. Crossman reiterated his statement
that he had paid Chief Of Police Freder-
lex w. Ames s25 out of the proceeds of
the Roman MEX swindle. He said he had
and Ames had warned him to be careful
lest someone should see the: transaction.
The amount was in, bills and was not
enclosed in an envelope. Later In his
testimony the witness said. )" -
In April I said to the chief In the
mayors presence: We've been doing
business together and I won't stand to be,
vagrancy but the chief explained that
scme of the fly bobs' had made mis-
take"
"Why didn't you call on the chief in
stead OF the mayor?" asked Mr.. WEIGH.
Because had done business with both
Of them, and it was the mayor wanted
to see," retorted Crossman. I was work
wanted to see that got 1t. I was under
the protection of the: mayor and Colonel
Tanner, and the chief knew all about It,"
. "Just for STALL,
Didn't you know the chief had issued
orders to round up the crooks and, drive
them out Of town." :, = =. 49,. =
The witness laughed. 80, that hap
pens every day: It's just, for. STALL" he,
explained. > 80
Orrin Crossraan followed his brether
upon the stand. He was. In the -mitt
joint at the time Mick was swtndled, and
he described the way In which the trick
was worked. At FIRST Mick had been, per-
mitted to win few dollars. Then, he was
dealt king full while the witness, play
ing the silent hand. was given four trays.
One Of these cards was so placed that it
did not show, although exposed, as is
the rule in stud poker. Another was in
the hole" -
Crossman said he had taken the MEX
draft to st. Paul the next day and had
deposited 1T there, taking a receipt which
he afterward turned over to his: attorney,
A. P. Leonis. -",ss s.z..
Assistant County Attorney AL j. Smith
wanted liver Johnson, the 'steerer'' who
testified in the King case, yesterday, but
was unable to:7find him. He asked Mr..
Welch wha had become ,sof the man, but
the attorney said he did not know.
The Minneapolis journal., 1902-07-03
ENi1LIsH CADET ..RUsTICATEp. !.

London, July 3.-Twenty-nine .risticated"
cadets Of the. royal military academy, Sand
hurst, left that institution this morning, pro-
testing that they had not been connected with
the recent incendiary fires started at the COL
lege They were given time limit of forty
eight hours by Lord Roberts to deliver up
those who have been guilty of starting. the
many recent fires at the college. in default
of which the .'rustication" of all the cadets
was to be ordered.
The Minneapolis journal., 1902-07-03
OWNERS coMBINE Is,

Portland, Oregon. July 3.--An Incorporation
will be formed by the sawm!ll owners Of
Portland. and after July 10 all Of the city
business will be transacted through this com
pany. It will be known as the City Retail
Lumber company. and under ordinary trade
conditions will transact over 81, l,a5osooo worth
Of business annually. Il i.
The Minneapolis journal., 1902-07-03
Otter decisions to-day were as follows:

Otter decisions to-day were as follows:
Ramsey County.
VIM. F. Hunt, as receiver of the Allemania
bank, appellant, VS.. Charles G. Roosen, re-
spondent. =:
First-The AIemania bank of ST. Paul, a
banking corporation organized under the
laws Of the state, became tnsolvent in 1897,
and receivers were appointed to take charge
of and wind up its affairs. Subsequently,
in April following the appointment OF re-
ceiyers, a majority Of the creditors petitioned
the district court Of Ramsey county to per-
NIT and authorize. under chapter SO, laws
1897, a reorganization Of the bank on the
terms and conditions Of that statute. but
was, after due hearing, ordered dismissed.
Some four months subsequently, but with
out notice to creditors and interested parties,
the same petition was again presented to that
court, but to a judge other than the judge
who had previously ordered Its dismissal,
who, without knowledge Of the prior dis
rnissaI, granted its prayer and ordered the
entry Of final judgment approving and adopt
ing the proposed plan Of reorganization, and
adjudging and determining therein and there
by that all stockholders who should pay any
portion Of their liability as such to aid and
assist in the purposes Of the reorganization
should be released from their statutory liza
bility to the extent of the amount so paid
The receivers were thereupon discharged, and
the officers OF the bank resumed control Of its
affairs and issued to all the creditors, pay
able in fve equal annual instalments GER
tificates of deposit for the amount of their
respective CLAIMS, which the creditors ac-
,cepted and retained, and at no time did any
of them, who are now creditors, in any way
call in question the validity OF the reorganiza-
tlon or the judgment authorizing it. Defen
dant was a stockholder Of the corporation and
paid, in reliance upon the terms Of the judg-
ment, one-half the par value OF the stock held
by him to aid in the reorganization; which
was effected in the interests of creditors and
for the payment Of their debts. 1t is held,
first that the findings of the trial court to the
effect that all the creditors OF the bank ac-
quiesced in and ratified the proceedings under
the reorganization, are sustained by the evil
ldence; and, second, that though the Judgment
adopting and approving the plan OF reorgan-
Iigation was void, because based upon petit
Etfon which had been dismissed. and creditors
who acquiesced therein and accepted and re-
tanned benefits accruing therefrom are
5estopped from now calling the validity Of
such proceedings IN question.
Second Section 4, chapter 6s laws 1897.
construed and held to preserve and con-.
The Minneapolis journal., 1902-07-03
GARDNER WITHIN CALL
He May Not Be a Witness Against
.Ameg.

Irwin A. Gardner was at the courthouse
this morning, but did not attempt to get
into Judge Simpsons juryroom. He
showed a lively interest when informed
that Roman Mick had been on the stand,
and remarked that he was presumably a
strong witness for the state.
He. stated that the reports about his
interviews with the states witnesses did
him a great injustice, and that they were
inspired by malice from source as yet
unknown to him. His conduct, he said,
had been most exemplary In this respect
and he intended that 1t should re-
main 80.
1t Is not likely that Gardner will be
called as a witness in the Ames case.
The Minneapolis journal., 1902-07-03
MO0RES AFTER c. & NV. I!
The Stock Runs Up on Report OF
Their Purchases. .--.s,. g.,
to The Journal.

Special to The journal.
New York, July 3.-Chicago Northwestern
was one of the leading features on the stock
market to-day. 1t scored a marked advance
on reports that the Moores had taken a large
block and were after more for purposes of
control 1t is said the Moores have 5000, COO
cash to back them. ~'@ EssN
The Minneapolis journal., 1902-07-03
RenviIle County,

Fort Dearborn National Bank, appellant, VI
Security Bank of Renvilie, respondent.
First-Tomlinson, Stafford & Co. issued
their check on the Union Stock Yards bank
Of st. Paul for the sum of $500 payable to one
Holton, who indorsed the same in blank and
presented it to defendant for payment. De-
fendant cashs1 1t and Immediately sent IL
to plaintiff at Chicago, its correspondent at
that place, for collection and remittance.
Upon the receipt of the check plaintiff cred.
tied defendants account with the amount
thereof, and defendant subsequently drew it
out Being unable to collect the check, plain.
tiff brought this action against defendant for
money had and received The evidence ID
examined and considered, and held sufficient
to sustain the findings of the trial court to
the effect that by plaintiffs failure properly
to protest the check for payment, the in.
dorser and drawer thereof were dischargeds
in consequence Of which defendant was dam.
aged prima facie to the full amount Of the
same.
Second-Plantif was defendants agent for
the collection Of the check and was bound
to exercise reasonable care and diligence to
protect all the rights of defendant in re-
spect to the liability of the indorser and
drawer thereof; and failure to exercise
such care released defendant from liability
to plaintiff. --
Third-The measure Of damages In such
cases is, prima facie, the face value OF the
check, subject to reduction and mitigation,
however, by showing Of insolvency OF the
persons discharged from liability, or other
fact showing no damages in point Of fact.
Solvency is ordinarily presumed, and the
burden is upon him who asserts the contrary
| to prove it.
Fourth-In an action for money had and re-
ceved, where the complaint alleges no facts
| upon which plaintiff relies for recovery, but
only that plaintiff paid out for the use and
benefit of defendant, and at his request, q
specified sum of money, the defendant may.
on the trial. under general denial, offer any
! evidence at his command to contradict ex<
| plain or avoid, the facts proven by plaintiff.
| Order affirmed.
The Minneapolis journal., 1902-07-03

GENERAL WHEATON IN CHICAGO
Chicago, July 3.-Major General Lloyd
Wheaton, United States army, has arrived here
from Manila. General Wheaton will retire
from active service upon reaching the age
limit Of 81 years on July Is, and intends 70
stay In Chicago with his family.
The Minneapolis journal., 1902-07-03
McCardy Manda1aused.


j. J. McCardy; former city controller
of st. Paul, is compelled to audit and
allow the full account of the Barber AS
phalt company, which he held up for de-
lays. The court says:
State ex rel. Barber Asphalt Paving COM
pany, respondent, vs. Joseph J. McCardy,
appellant.
A street paving contract entered into be-
tween a private corporation and the board of
public works Of the city of St. Paul con-
tanned stipulation for fixed and liquidated
damages for each days delay in the compile
tion Of the contract within the specified
period Of time. There were delays, but they
were not caused by any omission or act OF
the contractor. The work was completed to
the satisfaction of the board, and was ac-
cepted by it and an estimate made for final
paymsnt. The city controller refused to audit
the estimate claiming that deduction should
be made on account Of the delay, and max
ing such deduction himself: The common
council, after a hearing, allowed the esti-
mate as made by the board, and subsequently
by resolution waived and released the con-
tractor from all claims for deductions on ac-
count OF the delay. The controller again re-
fused to audit the estimate or demand. Held,
in mandanlus proceedings, to compel him to
audit and allow the same, that section 40,
chapter of the city charter, which pro-
vides that 1.-The common council shall not
have power to ordain or authorize any COM
promise Of any disputed demand arising out
of contract, or any allowance therefor or
therein except as provided In the contract
therefor" is not applicable to the facts in
this case.
Order affirmed.
Collins T.:
The Minneapolis journal., 1902-07-03
washington small Talk.

r. Representative Fletcher left to-day for Min
neapols, where he will arrive Saturday NOR
Representative McCleary and his family will
start for home Saturday -:
The Minneapolis journal., 1902-07-03
GARDNER EXPLAINS
Promises to BE Careful About Talk
ing to Witnesses.

Irwin "A. Gardner called on Judge Har-
rison yesterday afternoon to explain why
.ha had aallAd an tha witnesses for thaJ
The Minneapolis journal., 1902-07-03
SPANISH TREATY
Agreement for Trade, Commerce and
Anity Signed. .s-.

Madrid, July 3.-The treaty OF trade. COM
merce and amity between the United States
and Spain was signed to-day.
The Minneapolis journal., 1902-07-03
nink he did. Yes, sir

8: Further cross examination de-
/: veloped this interesting inforrna-
:: ton: 49,
!: 81 told the chief I was going
{: home and he said 1t was the best
!: thing I could do. He said the
/: men who had swindled me prob e:
: ably wouldn't turn up while I was
: in town." s,r:
The Minneapolis journal., 1902-07-03

Before the witness left, A.. P. Loonis
called upon him at his hotel. What was
said at their interview, however, MEX
was not permitted to tell. Later he had
seen Loomis again and the settlement BY
which he got $40o was agreed to- That
was in February, and the money was paid
by the Union Bank of st. Paul. III
"Who brought you here to testify in
tits case?" asked Mr.. Welch. < s.&~; a.
''Mr. PreLevost." ss.
On redirect examination MEX said he
had waited for an officer an hour when he
went down to headquarters with Prene-
vost. .-.~@ - ,--
Norbeck's Startling story.
D Christopher c.. Norbeck came next.
His testimony was fully as Sensational
as had been expected. =
do you remember seeing this man,
Roman Miex?' asked Mr.. Smith.
'Yes. In the city hall, one afternoon.
After that I saw him down at the St.
James hotel i
How did you happen to go there?''
II was sent there by Colonel Ames. .
did you ever have talk with the
chief about this?"
The Minneapolis journal., 1902-07-03
Waterman County.

Benjamin C. Taylor, as Receiver OF the Ma-
della Farmers Warehouse Company, appel-
liant, VS.. William D. flaming ct al, res
spondents.
/ First-In an action by the receiver Of an
insolvent corporation to vacate judgment,
which is first lien upon the corporate prop-
erty, obtained in the name Of a third person,
but for the use and benefit Of six members
Of the board of directors of the corporation,
it is held, the corporation being insolvent
when the notes upon which the Judgment was
based were executed and delivered, that, In
obtaining such judgment, the directors did
not act with that good faith and observance
of duty which demanded of them as
trustees Of property which it was their duty
to preserve for the equal benefit Of all cred.
itors =
Judgment reversed Collins, j
The Minneapolis journal., 1902-07-03

yes: he called me into hfs I:
Office and told me Lincoln g.
{: Crossman and Billy Edwards had j
I: swindled MEX out OF draft and I:
he said If they wouldn't mix up !:
I: with drafts and checks, there |:
wouldn't be SO much trouble. ::
/: He said MEX was making all !:
4: sorts Of trouble and we had bet !:
4: ter get him out of town.
a =. /. .E. q
The Minneapolis journal., 1902-07-03
AnOka County.

Coke Bros. & Co., appellant, vs.. Anoka
Water Works, Electric Light and Power
Company, respondent
First-Where a vendor refuses to deliver
goods and merchandise according to con-
tract Of sale Heretofore entered into. the
vendee may recover as damages the difference
between the contract price and the market
value OF the property at the time and place
of delivery. Where there is no market value
at the place Of delivery the price in the
nearest market with the cost Of transporta-
ton added determines the value OF the
article.
Second-Held, that under the foregoing rule
there was evidence at the trial Of this cause
which required the submission OF defendants
counterclaim to the Jury. Order affirmed.
Collins !.
The Minneapolis journal., 1902-07-03
ST.. Louis County.


Northern Pacific Railway Company, ~satx
toner, appellant VS.. David A. Duncan el
al, defendants.
First-On the trial Of the question OF DAM
ages in the district court, on appeal from the
award Of commissioners In condemnation
proceedings, defendants Gland owners) offered
in evidence the award of the commissioners,
but without specifying the specific purpose
intended for it. The trial court instructed
the jury that the award should not be con.
sidered by them on the question Of damages;
and the instruction is assigned an error.
Held, that the instruction was an accurate
statement Of the law; and If, because the
award had been offered in evidence without
Limitation or restriction as to purpose, It was
proper to be considered by the jury on that
question, and plaintiff had the right to insist
that it be considered, though not ordinarily
competent upon that issue, it was the duty
Of It's counsel to call the attention of the
court to the asserted right, and having failed
to do so, and no exception having been taken
to the instruction. an objection made subse-
quent to the trial is insufficient to justify .
new trial. The case comes within the rule
laid down in Steinbauer VS.. Stone, 6S N. W.
r. 754. ~-.
Second-A deed Of real property contained
clause saving and excepting from the opera.
ton of the conveyance q certain designated
portion, and expressly dedicated the excepted
portion to the perpetual Use Of the owners
and occupants of property abutting there.
on. Held, to create q perpetual easement In
favor of such abutting owners and occupants,
which attae he'd to and passed with the abutx
ting property as an appurtenance.
Third-Certain assignments Of error exarn&
ined and held to present no reversible error.
Order affirmed. Brown, J.
The Minneapolis journal., 1902-07-03

..Did you make any effort to arrest
Gnnssxaaan or Ndwarda3'' a@s 81
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-11-26
BUSINESS NOTES.

Dun's Review says Of the condition
IN Salt Lake. stormy weather and
good SHOWS which are general through.
cut the state. stimulate trade. Mail
aud sorting orders are good In dry
goods, clothing, furnishings and shoes,
with good demand for rubber gonds.
Retail business is generally satlsfac-
tory but collections do not improve.
Bankers report better demand for
funds. L>rtcularly from stockmen. Lo-
cal securities are quiet.
-
The executors of the estate Of the
late Bishop Sharp have sold to John
sharp. part Of a lot at the northwest
corner Of South Temple and u streets,
56xiJS feet, for $500,
Anthony Jacobsen has sold 70 the Col
umbus Consolidated Mining company
the c X, G X No. q and Columbus Nos.
2 and 3 mining claims In the Little Cot
tonwood district for $4,000.
Construction Is progressing so rapid
~ on the new Phillips Congregational
church that the building will be re..dy
for occupancy by the middle Of Janu-
airy.
Corn Is coming from Nebraska and
Kansas, where there was record crop
this year and is selling at 20 cents per
cwt., for feeding to livestock,
Tomorrow being a holiday, the banks
ana business places will be closed, and
the postoaice viii observe holiday
hours
Today's local bank clearings amount
ed TO s572, 9S9.36 as against sS79, 2G6.S7 for
the same day last year.
The Golden Rod Mining company Of
Salt Lake City filed articles Of lncor-
poration I'm the county clerks office
today, The capital stock OF the COM
pany Is 100000 In shares Of 81 each,
George u. Fotterman is president,
Joseph Oberndorfer Is vice president;
Patrick shehan, treasurer; Anthony II.
Godbe, secretary. The company has
n bond and lease on a group Of 10 min
ing claims in Park Valley mining dis
trict, Boxelder county. Utah.
II was found necessary 10 pile pretty
strongly before laying the concrete foot
ing at the site OF the Utah Light &
Power companys plant on the west
side, but that work il all done and the
foundations and machinery beds will
shortly be In readiness. The unequal
tensions on the power caused by Ir-
regular movements OF the streetcars oc-
casion the power company at times
considerable solcltude; but Manager
Campbell says that to put In an accum-
ulator or storage battery which would
operate for the distribution OF the cur
rent as standpipe does for water
would necessltate an expenditure Of
nearly $4,000.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-11-26
LATE LOCALS,

The Garnd Theater management has
built sidewalk porch In front OF the
main entrance. for protection 10 pat
rons In stormy weather
Elaborate certificates Of election or
the officials Of Salt Lake county, elected
on Nov, 4. are being Issued by the
county clerk today.
The Salvation Army has begun dis
tributing THANKSGIVING boxes among
the worthy poor OF the city, and there
are many pleased and happy hearts In
consequence.
Daniel Eyer Of the First municipal
ward desires Il distinctly understood
that he has not withdrawn as a candl-
date for the school board. On the con.
trary, he IL In the race to stay to the
bitter end.
NJ. X. Parsons has returned from a
two months absence In the east He
says Illinois, Iowa and Missouri are
taking the most feeders this year,
braska 10 greatly reduced.
The delay OF a carload Of cranberrles
has made such a shortage In the local
market that the price was up TO %
cents a quart this morning, but II the
car shows up today, there viii DO tbs
usual quantity Of cranberries In the
Thanksgiving market
A firm on market row claims to have
received 800 turkeys yesterday after.
noon, and Is selling the same at u
cents a pound. John r. Barnes OF
Kaysville sold z. c. NJ. I. $50 tur,
keys yesterday, one weighing Il
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-11-26
STATE CASES IN
POLICE COURT.
Fourteen Called Up Before Judge
DlehI This Morning
ELLISON MURDERCASE SET.
Will be Heard on Monday, Dec l.
Marion Urszier Case Continued
To December 8.

Fourteen state, cases were called up
before Judge Delhi this morning for the
purpose OF having some OF them set,
others continued and some dismissed.
The Clyde Ellison murder case was
the most important. on motion or
County-Atty Christensen, the case was
set for preliminary hearing for Mon
day, Dec. /, at 10 a. nj. The complaint
charging him with assault with intent
to eimmit murder will stand until the
charge Of murder In the first degree ID
disposed Of.
The case Of Marion A. Brazler, charg-
ed with involuntary granddaughter. was
again continued, this time to Dec, D,
at 10 q. m.
The charge of assault with intent to
commit murder, filed against Miles w.
Romney, prior to the death OF Harry
Strong. was dismissed on motion OF the
county attorney. The other cases are
as follows:
A. J. jackson, charged with grand
larceny. dismissed: Violet Mllendey.
charged with adultery, dismissed; w, j..
Grifilths, obtaining money under false
pretense, dismissed c. w Scott, petit
larceny, dismissed; A. o. II, Fowlks.
charged with interfering with head.
gate, dismissed T. II. Clark, embezzle.
ment dismissed George Williams, bur-
glary, ditmissed; Irene V. Jackson.
grand larceny, dismissed; Thomas
White. Andrew Anderson and Joseph
Graham, interfering with headgate,
dismissed, and Roy McMurphy, accused
Of petit larceny, dismissed.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-11-26
"THREE PRINCIPALS"
MAKE EXPLANATION.

Salt Lake City. Nov. 26.-In this
mornings Tribune appears an article
under the title Couldn't get Second"
containing some misstatements and
stretched expressions which we feel
should be corrected. The article refers
to the following resolution presented
before the body OF higher grade teach.
crs yesterday at the High school build
ing.
Whereas, OF late some newspaper
articles having been given to the pub
lie reflect discredit upon our school
system;
Whereas, The teachers are directly
responsible for the condition and stand
ard OF their respective rooms and
Whereas, Statements rejecting upon
the standard OF the schools are directly
reflections upon the teachers
BE II resolved by this body Of gram
mar grade teachers OF the schools OF
Salt Lake City, that We consider the
adverse criticism as not being based
upon fact and not calculated 10 assist
In the elevation OF the already high
standard OF our schools"
When a second was called for, Prin-
cipal Wallace asked the intent OF the
resolution, and on being answered that
liz sole purpose was 10 defend the
teachers against these false newspaper
statements, he expressed himself as be-
ing heartily In sympathy with the reso-
luton, but thought In order 70 avoid
newspaper talk that II would be the
better part Of discretion TO take no
formal action upon II.
Principal Barton heartily endorsed
what MIR. Wallace said and after due
consideration II was decided to not take
formal action. notwithstanding the
resolution echoed the thoughts and feel
ings OF those present. II VAS not act
ed upon simply 10 avoid further un-
truthful newspaper statements,
THREE PRINCIPALS"