davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
new TRIAL GRANTED VAN KURAN
BY, THE SUPREME COURT YESTERDAY

Arthur j. Van Kuran. former local
treasurer of the Short Line. who was
Convicted on charge Of enlbezzlement
in October last and sentenced to two
and one-half years in the state prison.
mas been granted "A new trial The
opinion reversing the judgment of the
ioWer court was handed down by the
supreme court yesterday, it being writ
Ten py justice Bartch, and concurred
Baskin.
The case is reversed as the result Of
errors made by the trial court in re-
Iuslng TO give certain instructions to
the jury. as asked for by the defense
ln regard 20 the weight that should be
gwen 10 the former good character of
lne accused. The court also holds that
me instructions as given by the court
upon the question of former good char
dctef We're too limited. Discussing one
ot the instructions given by the trial
court the supreme court saws:
Oh the theory Of this instruction.
the evidence of good character could
not De considered by the jury for any
purpose except that of determining
Mhelher the witnesses for the prosecu-
Ilon were mistaken, or had testified
falsely or untruthfully. Such a Iimita-
tlon unon such evidence (former. good
Sharacter) is especially liable 10 mis-
Iedd a jury where. as in this case
mere Is no direct proof of the defend
am guilt but where the crimina ting
evidence consists of testimony relat-
Ius 20 discrepancies in accounts an
rearing IN books kent by the defend
ant "iieh compared with the books Of
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05

the bank where the banking business
was done
1T might be well that the witnesses,
tesufying TO what appeared from those
books were neither mistaken nor un-
truthful in their statements, and that
the money was actually EN- beZZled, and
yet as others had access to the books
in question. the defendant might not
be the guilty person"
Commenting upon another instruction
given by the lower court. the opinion
says: Considering this with the pre-
vious instructions, limiting the effect Of
the proof relating to good character, it
was calculated TO mislead the jury to
infer that if. from the eliminating evil
denCe, they believed the prisoner guilty,
they must discard the evidence Of
good character"
The opinion says further: $50 the
accused had the right to have the jury
charged that in determining whether
or not he was guilty as charged in the
information, beyond a reasonable doubt,
his good character, so far.as involved.
If proven, should be considered and
weighed the same as any other fact es-
tablished, and that il I'm itself might
not only create a reasonable doubt of
guilt, which might not otherwise exist,
but might carry conviction Of limo
cence.
in conclusion, the opinion says that
there are also other portions Of the
courts charge which should receive
close scrutiny before again submitting
the case to the jury. For the reasons
given the case is then reversed and
remanded, with directions to the lower
court to grant a new trial
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
OFFICERS OF ALUMNI.
Elected at Meeting at University
Last Night.

Elected at Meeting at University
Last Night.
Inc annual business meeting of the
University Alumni association was baI5
iaSt night in the museum building on
the university campus. After some
routine matters, among which was the
tFeasurer's report showing a balance of
$SO on hand, and the report of the
alumm scholarship committee showing
collections of $3.50. three former. univer-
slty students, Mr.. James II. Anderson
MIS- Georgiana Fox Young and Mrs.
cara Robinson Riley. who were stu
cents before the days of class gradu-
auonS' were admitted to membership
In the association.
The ballOting for officers for the en-
SUING year resulted in the election Of
the following. Dr. Joseph r NferriB
president, Mrs. Sadie Tripp Howard
vice president; Hyrum l.. Nelson. sec
rotary and treasurer, and r. Elmer
Caldwell assistant secretary and
treasurer.
In accordance with an action of the
board Of regents organizing a UNIVERSE
" athletic council. TO consist of the
president, Mr.. Holmes. a faculty MEM
Der an alumnus and student. the
meeting elected as the associati on's
representative in this council p. p.
Christensen, the retiring president.
Inc incoming president was author
lzed TO appoint a standing committee
on neurology, and in connection with
Messrs. r. L. McGhie and Fl. L. Mel
son, was asked to ascertain the advisa-
Dlllty OF establishing monthly paper
as the organ Of the asSOcia ton.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
HANGING HIS PICTURE
Placing the Mayors Portrait in
City Councils Art Gallery to
Be a CeremoniouS Event.

1t was arranged by the CITY council
last night 10 put some trimmings on
the ceremony of hanging Mayor
Ihompson's life-size portrait on the
walls Of the council chamber Wednes-
day evening, June IS, was the time
hNed for doing the ceremonious hang
ing.
A resolution by Councilman Thomas
brought the matter to the meetings. at
tention. IN the resolution. which was
adopted, provision was made for the
appointment Of a committee of five. in
Guiding President CottreIl to complete
arrangements for the function and to
specially invite the mayor to attend
the council meeting on the auspicious
occasion Thomas, Tuddenham. Rob
ertson and FernstrOm were designated
the other members of the committee.
Thomas offered a resolution directing
that during he months of July and
August the wages of each sprinkling
cart driver with team be fixed at SO. 80
per day, an increase Of p cents a day
over the present wage, and % cents
less than what the striking drivers de-
mand. The resolution was referred to
the finance committee.
Fernstrom offered a resolution that.
in lieu of any contribution from the
city treasury 10 the Elks on the occa-
sion of their reunion in August. free
license be granted 10 all shows under
the auspices of the Elks. The resolu-
ton was referred to the committee on
license.
The rules we're amended by changing
the regular meetings Of the council
from Wednesday to Monday nights.
and the committee meeting nights from
Mondays TO Wednesdays
The Telluride Power company re-
quested the privilege of extending a
branch of its power transmission line
through the city along a highway west
Of the river. The petition was referred.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
PROF. o'sHEA TO LECTURE.

Professor NJ. Vincent O'Shea, Of the de-
partmeut. OF cduca ton Of the Wisconsin
university. has been secured TO deliver q
series of lectures during the course OF
the summer school at the University Of
TITAN this summer. Professor O'Shea will
he here during the week Of June 10 and
will deliver two lectures a day. One will
bo given iH the morning at o'clock and
the other iE the evening at N:l5 o'clock.
The morning lectures viii be ON tech
meal subjects while those of the even
ing will be along lines Of general interest
His lectures are. THE Learning Process, "
three lectures, short Talks on Practical
Present Day Problems. Two lectures.
..The child as Reader Of the Past. "
two lectures. Punishment" PLAY i'm
Education. Modern Mysteries I'm the
school Room and Out" Tickets for the
course can be secured for 81
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
LAKE LEVEL IS LOW.
Feared That the Record of Last Year
Will Be Broken.

So discouraging is the present read
ing of the lake as received by Section
Director Murdoch yesterday. that grave
fears are entertained that the next
few months win break the disastrous
record of last year, when, between
June and November, the water fell one
foot four inches, bringing about the
lowest point ever reached by the lake.
Grounds for the fears are given by
the fact that the water this year is
beginning 10 fan two weeks Garlic than
usual The years high water marks
always have been reached June /. vet
the reading at present-five lncnes he
low zerO-is one inch lower lhan two
weeks ago.
A year ago the lake was one foot nine
inches above zero, only 60 fan two
inches in the same number or weeks
After that the decline was rapid the
lowest known record-one foot two
inches-being reached by November
For three months these figures were
held, when the water gradually rose
The high water mark was reached in
1858. when thirteen feet four inches
above zero was recorded.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
DOGS BITE CAUSES DEATH.
Several Others Suffering From Hy-
drophobia May Die.

Webster City, Ia, June 4-One
death and four others suffering from
hydrophobia is the result of a mad
dogs work at Ellsworth, a town near
here. John Olson, the first victim, died
Sunday at Chicago. where he had been
taken for treatment.
Last night Edward Severn, al lyon
and Mrs. George Pearson and her lit
tie daughter, all suffering from hydro
phobia were taken to Chicago. Little
hope is entertained for their recovery.
The people in the country surrounding
Ellsworth are panic-stricken lest other
dogs have been bitten.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
FELL TO HIS DEATH
John Brogin PIungeS From Roof
of Building to Ground, Nearly
Fifty Feet, and Is Killed.

John Brogin, IS years of age. acct
dentally fell from the Fisher Brewing
company's new building on State street.
below Third South, yesterday after
noon, sustaining injuries which result
ed IN his death late in the afternoon.
Brogin was carpenter and was en-
pioyed yesterday morning TO work on
the building. He was on the roof at
the time of the accident, but was work
ing by himself and no one saw exactly
how the fatal accident happened.
Working on a scaff0ld, he leaned over
the edge, resting on the top of row
of bricks which had just been laid.
The bricks suddenly gave way and fell
TO the ground. The man lost his bal
ance when the bricks fell from under
him and went headlong to the ground
below. distance of between fOrty-five
and fifty feet
The plank on which he was standing
when the accident occurred fell in
front of him and lodged in horizontal
position. The body of the man fell
upon the board and he was saved from
more frightful injuries, He was rem
dered unconscious by the fall and sus-
tanned a compound fracture of the leg,
and also a compound fracture Of the
arm.
Brogin was removed to the Holy
Cross hospital, where a surgeon was
summoned and the mans wounds
dressed. Internal injuries were also
sustained but the extent or the nature
Of them was not ascertained by the
surgeon on account Of the extreme
pain of the wounded man. He lived
until late in the afternoon
Death was the result of the fearful
shock which the man received. accord
ing to the surgeon, and also to the in
ternal injuries. He has been a resident
of this city for years, and was mem
ber of the order Of Odd Fellows. The
remains were removed to Evans un-
dertaking esta blishment. where they
were prepared for burial.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
JUSTICE AND CROOKS
PUZZLE THE POLICE

New York. June A-Jacob Simon. a
Justice of the peace in Paterson, n. J..
has been arrested on a charge of re-
eeiving stolen property. Frederick
hreyer, a silk manufactures, was arr
rested later as an alleged accomplice.
Numerous silk robberies recently from
Paterson mills have puzzled the police,
and the arrests just made are the first
moves IN an attempt TO clear up the
affair.
Simon is a barber, whose shop has
been the rendezvous of many of the
prominent politicians in Paterson. 1t
is alleged Simon was the receiver for
the thieves and that he bought the
goods, shipped them to Lyndhurst, n.
j., whence they were sent to a mill
in another place, and from there for
Warded to New York as the product
OF that mill.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
B0TKIN CASE AGAIN.
Death of ex-Attorney General Gives
Her Another Chance For Freedom.

Death of ex-Attorney General Gives
Her Another Chance For Freedom.
After having cost the state Of Cali
fornia about $4,000 i'm the trial OF Cor
della Botkin, and then having the case
reversed by the supreme court on tech
ncaities. now comes the announce
msnt from Dover. Del. of the death OF
John ). Pennington, former attorney
general of Delaware, and one of the
most important witnesses in Mrs. Bot
kin's case. To further cOmplicate mat
ters, John p. Duuning, husband of one
Of the women poisoned. has declared
that he win rot &c to San Francisco
again. Attorney Heggerty thus dis
cusses the matter, as reported by the
Examiner:
AS 20 the effect that the death Of
Attorney General Pennington will have
on the case Of Mrs. Botkin. I can say
that without his testimony il will be
impossible TO Identify the candy box
which il is claimed contained the can
dy, handkerchief and writing produced
ON the previous trial Without this
testimony it HIll be impossible for any
of the Delaware witnesses who stated
Tat they analyzed the candy for Pro-
fessor Price of this. city TO testify as
10 its alleged poisonous contents. Nor
could Mrs. Harris. who alleged that
she sold the handkerchief to Mrs Bot
kin in the city of Paris identify it. and
so much Of he principal evidence Of
the prosecution would perfOrce be shut
Off
The testimony of Mr. Pennington
was not particularly long, but il was
of much Importance TO the prosecution.
OF that there can be no doubt It
paved the way to the introduction of so
much other testimony. which. without
him. it viii now be difficult TO intro
duCe"
The case possessed considerable local
interest becaTse of the fact that both
Mrs Botkin and Mrs. Dunning were for
quite q while residents of this city.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05

Elizabeth Tracy Moves. David sts,.ens
Neal Isabel Christina olsen loci Picr
Parrish, Clara Florence Pearson E-etb-
en- Naomi Pearson. Charles NaTritz
peterson, jr, Annie Phoenix. Nav Alice
Flhhock, Daisy Raybould. Charity Al
Nlra Redd, Nora Reese, Florence Mary
robbins, Ida Roberts. Ida Sconbero
Emma Sharp, Sally Gridley Sboles
Electa Skeen, VIM. Riley Skeen. Hvrun
ernest Smith. James Richard Smith
Wllllam Henry Smith. Ethel AIine
Smlthen, Edith Virginia Stevens Ethel
May stewart, Serena Sylverstersen
hate Turner Thorpe. Emma Laura
Van Houten' Winnifred Louise Webb
violet May Whitworth. Laura Nav
Wlodison. Max William Woodbury.
James Timbreil Worlton, Libbie Years
ley Vera Louise Lane.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
Cancer
A Celebrated Ohio Physicians Mar
velous Discovery Positively
Cures the Dreaded Cancer at
Your Own Home-Partic-
ulars Mailed Free.

This treatment has completely cured
hundreds of cases pronounced by noted
physicians and surgeons hopeless and
fatal
j. Z. Benedict. a prominent merchant
OF Macon, o., says: DR. CUrry's Cancer
Cure removed i'm six days bad cancer
on my lip, which promptly healed with
hardly perceptible scar. Write him"
Charles Noah of Lebanon. O.. saws:
Ten years ago your remedy permanently
cured me in ten days of large Rose Can.
Ger on my face"
Mrs. Mary e. Little of Lineolnton. N
G.. writes: I'm seventeen DAYS your
treatment cured me of breast cancer
twelve inches in circumference. How
thankful I am"
For full informal ton and convincing te5-
timonials free. write today TO DR.. Curry
Cancer Cure Co, Box go, Lebanon, o.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
nANFs no 'CFIFBRATE

The Danish Brotherhood OF Salt Lake
win celebrate the anniversary OF the
birth 90 the Danish constitution at Cal
der's park today 4 programme win be
rendered and a good days outing viii be
cnioved hy the Danish people Of the city.
Among the amusemeuts OF the day will
bc 4 BOYS rare. girls race. and a boat
race between =. W. Madseu, r. :. Fern
strom and Judge g. NJ. Nielsen. The fol-
lowing nrOgramme viii also be rendered.
song: address. T.. a.. ivers0R: recita-
ton. q. A krantz: song, address. J. n.
SioIdahl. song: address Judge Nielsen,
duet. address. o. p. Olsen; recitation.
Tborvald Oriob. cake walk for children
under 10 years Of age. Prizes will be Of
fored i'm the contests
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
FORMER BAPTIST MINISTER
C0NFESSES TO ARSON

Santa Cruz. Cal, June 4-Rev. James
Laurie Rodgers. formerly a we'll
known Baptist minister, who recently
embraced MOhammedanism has con-
fessed himself guilty of arson and is
now in custody. He set fire to several
buildings at dairy. where he was
working, for the benefit of his health.
as he explained. His motive for the
crime, he says, was revenge on those
who had compelled him TO do mental
service. The fires destroyed his cler-
ical library, three ministerial suits and
a gold watch presented to him by his
former congregation at Ocala, Fla.
While in charge OF a church at Jack
sOnville, he taught English to many
Cuban refugees. He win be examined
as to his sanity.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
MORGAN AFTER CUNARD LINE
Makes Offer of $50, 100000 For the
Property.

New York, June 5.-The American
Shipping syndicate has offered the Gu
nard company $50, 500. 900 for their fleet
including two big steamers recently or
deied, says a Herald dispatcn from
London
The Cunard directors are ;n com
mrnicatiOn with the government. with
view Of obtaining such incre ISed sub
sides for mails and cruisers as viii
enable them, i'm the interests of the
shareholders, to resist the tempting
offer Of the American syndicate.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
GOT HIS MoNFY RAcK

TT. G. Evans, the young man who Ter,
mis- letters and other articles i'm the pos.
session of the man Harper. who died in
this city Tuesday. was located BY the
police yesterday at the Fort where h-
was visiting comrade of the Philippine
Campaig1l He was directed 10 nolice
headquarters. where his money and tbs
draft for $3.50 found on the dead man.
were given him. Evans. I'm comnanv
with Harper, spent Monday niaht in a
wild car0Gse and he Imagined his nl0flcy
was lost His surprise was great vester-
DAY when he was informed that his goods
were at the office of the chief of police
lie left yesterday for his home in the
cast.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
DEATH OF A VETERAN

Daniel F. Cole. a Grand Army veteran
died at his home IN Brighton rasfa~,I.1,-
morning Of heart disease, from which hs
has been a sufferer for some time rssf
The deceased was II years of age rl,e
funeral VIII be held from Wa(son-s nm
dartaking parlorS to-day ar 2.30 n-elocI,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
CONCERT AT FORT

The Fort band will give its regular
concert ut the post this afternoon AT
o'clock. The programme for the occasion
is as follows
March. New COl0nial'': selection ..~he
Fortune Teller: serenata. ..C,,bs,rs
Enita' waltz, "Heimkehr'; cake walk.
aunt fhehe's Iubilee"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05

Going at immense reductions this week
at The Paris Millinery Co.'S Midseason
sale. suits at S4s5. $3.50 S975. value
50 Oh 10 S300e.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
The areat MidseasOn sac

st the Paris Millinery Co. now on.
Biggest har-ains 81 the year.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-05
Mems Summer Under
wear.

Just about one-half the men
have changed from heavy to light
underwear
Which half do you belong TOP
If the other half,
We venture you'll change be-
fore the week is out.
Are you ready?
Mo- then come quick or you may
not find what you want.
Plain or Fancy Balbriggan-
Light Wool-Nearsilk- Sillzateen
Linen and all Silk-with a price
range of SOC to $500.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-08-02
TEMPLE TOPICS.
Damage to the Sounty's Bridges Has
Been Somewhat Heavy.

Damage TO the Sounty's Bridges f1as
Been Somewhat Heavy.
Temple. Texas, August 1.-county Com.
missioner Worth Walton OF this precinct
made a trip over the county roads out OF
Temple yesterday to try aud ascertain how
much dnmag &c the recent rains had done the
roads and bridges. He considers that this
precinct was the worst damaged In the
county, and estimates that labor alone will
cost IN the neighborhood Of $500. II will
be impossible 10 get at the material needed
until the work Is done. Where small wooden
bridges were washed ont much Of the ma
terlal was saved. Near Troy two such
county $500 and CROUCH material was
saved 10 rebuild one bridge, which can be
placed so that II will answer the purpose
OF the two
There was another considerable rain fell
yesterday afternoon.
Quite serious accident happened 10 Cap
tain I. c. Wright yesterday afternoon
while returning from the burial OF Grandma
Nichols az Pendletonvllle. In crossing a
small branch with the dead wagon the
wagon careened aud rolled over on Cap.
the shoulders and back, The horses ran
on with the front wheels a short distance,
when one .ot the horses fell, stopping the
Others. Captain Wright was brought Il
town in a buggy and is resty easy TO.
day No damage was done to the team
but the wagon was badly broken up
Among LOT Of junk put on. the local
market yesterday was n brass die from q
legal seal bearing the Inscription. District
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-08-02
sAN ANGrLo ITEMs.

san Angelo. Texas, July 2S-W. T. Cav.
ley bought two carloads OF grass rat cows
B. Lynn shipped two carloads of horses
TO East Texas ....... .N,.., soo
c. L. James OF Sutton county snippeu ON
head OF cattle to the markets.
W. c. Huey shipped a carload OF calves
TO the, Dallas market
Lee Snyder bought from w C. huey
carload Of fat cows and calves,
MAYER & Chidress shipped 1000 head OF
and o.year-old steers to Burke station,
W and f. j. Iennyson OF this county
bought 100 head Of high grade Durham cat
tie in Williamson county at SIG so around
Lee snyder shipped one Sar OF caves
TO market and sold hfty-sx heau Oh COWS
and calves here 10 II. Casey
+ Tankersley Of lricn county cunt bought IN
Coleman county Hereford nnbls as toiS SS,h
grades At SAG. three registered AT 5000 each
At public sale under mortsas ga f9 ~, S2 ssn,
4e, the following cattle were sou vt Ia M
| 100 cows, twelve Duils anu "VVNN A'' "'
branded calves.