davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
MUSTN'T SMILE AT HIM.
Ex'StOte Senator NebekerDocsn't Want
To be Recognized by Dr.. Ellerbeck.

When the name Of w, G. Nebeker was
called In the criminal division Of the
city court this afternoon TO answer to
the charge Of battery preferred by Dr.
W. s. Elerbeck, there was no response.
The court then declared the bail of the
defendant forfeited, and the city was
thereby enriched in the sum OF ST This
arises from the fact that former State
Senator Nebeker can not bear the idea
OF some persons recognizing him on the
streets one Of these persons, IL
seems, Is Dr. w. s, Ellerbeck. Yester-
day that gentleman and the former
senator passed each other at the inter
section Of East Temple and Second
South street Dr. Ellerbeck bowed to
the senator and said "howdey." Then
he smiled, It Is said The smile was
dangerous, as II afterward proved dan.
gerous not TO Mr.. Nebeker but to the
man OF medicine.
Suddenly Or. Ellerbeck felt a sharp
pain In the back Of the neck. He picked
up his hat and glasses and looked
around 70 see If somebody had thought.
lessly been throwing bricks in his d.
recuon, While pondering over the
mystery" "Bn" Blngley and George
Margetts volunteered the information
that after passing Nebeker, that indl-
vldual had retraced his steps and smote
the doctor op the neck.
In stating his version OF the affair.
Mr. Nebeker said he and Dr. Ellerbeck
have not been on speaking terms for
some time and that when the doctor
passed and spoke TO him, his manner
was insolent and he slapped him on
the neck.
II am not thin skinned and I am
tired OF his insolent manners" he said,
and ] don't want him to recognize me
on the streets"
Last night Or. Elerbeck swore to a
complaint against the erstwhile Senator
charging him with assault and battery
The warrant was issued by Judge Dleh
and served by Sergeant Burbldge The
prisoner put up 81 for his appearance
In court today and was released.
He failed TO put IN an appearance
when his name was called and his bail
was accordingly declared forfeited DR.
Ellerbeck was on hand TO prosecute the
case and after court adjourned asked
the Judge to issue a bench warrant for
Nebeker and punish him for the as
sault which he claimed was totally un-
warranted The court said he would
think the matter over. In the mean
time Il Is understood the doctor will
pay heed to the mining man and pass
him on the streets without deigning TO
recognize him.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
A RUSH AFTER DhLY-WEST

There was rush at Daly-West on
the exchange this afternoon and the
hammer remained suspended over the
transactions In this stock for some con.
siderable time while II was dealt In by
the brokers at fluctuations within the
5O-cent boundary. The sales were as
follows so at $500 800 at 2lI5 500 at
A.bO; 20 at 24s5; 80 at 2LsO 900 shares
being sold altogether, closing at 2l.ij
and PASS.
Carlsa dropped couple Of cents UNI
der THIS mornings closing figures and
sold 2O,3OO shares Ike this 100 at i23
zoo az illa' $500 at Al 100 az Az, $500
at 4OA 5000 at iOh During the SELL
ing the stock was forced down until It
closed at iO% and n
lngot sold 1000 at 2M and 1900 at
"a while 100 Lower Mammoth brought
DOC apiece, which was the closing offer
OF this morning May Day sold 1900
shares at little better than &c.
AJAX improved little in It's price
commanding powers and sold 7.A0O
around 3Jc In Silver Shield there
were sold 500 at 9h 1900 at go, 300
at W., Star Con dropped 500 shares
at 29lR, which was liac better than the
closing bid this morning. Uncle Sam
was the last stock among the listed Sc
curtics that did any business. and OF
II there were sold 1900 at o. 1900 ar
5lh; 100 at 81 600 at 5lA.
California started the trade bah roll
Ing In the unlisted stocks and when
this report closed was bringing ~ cents
snare, which was the price demanded
AZ the close this morning.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28

the case In the United States court. /
tOld Patrick | would recommend a SET
uelnen' OF $4,000 to stop litigation"
Dlu Patrick ever meet Mr.. Rice,
When You were present1' asked AS
sElsnt DISTRICT Attorney Osborne,
Never"
patrick had told the witness OF meet
ing Mr. Rice In Texas several years
before but the witness had never heard
OF Patrick meeting Rice within q year
OF me latters death Patrick had new
er Informed witness that he represent
ed Mr. Rice or that he was interested
with Mr. Rice In any way
capt Baker said he saw Patrick In
ms apartments four days after Rlce'g
death. David J.. Short was with him,
Ihey had a conversation of about
twenty minutes.
Patrick" the witness continued
said he felt that an explanation was
due TO me, and he was glad to make IT,
! told him | should be glad to hear It,
He referred 20 the litigation and to our
meeting In 1899 After | went back TO
Texas be said he made up his mind
that we could effect a settlement II he
could meet Mr. Rice / told him Mr.
Rice was very bitter against all who
had taken part In the litigation and
that he was especially aggricyed at tie
executor Holt, and at Patrick Tor tie
scandalous questions the latter had
asked the witness examined examined
by him"
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
LOWER COURT
IS SUSTAINED.
Decision in Tax Title Case 10 ravor
tOf Respondent,
APPELLANT TO BEAR COSTS.
Action Was Brought to Quiet Title TO
Property In FolsOm's Addition
Other Court Cases.

Justice Baskin, Of the Supreme Court,
this morning handed down the decision
of that court In the case of William
Asper special administrator Of the es-
tate of A, II. Raleigh, deceased, respon-
dent VS. NJ. c. Moon appellant, affiIsn-
ing the judgment rendered in the lower
court and taxing the costs upon appel
liant.
The action was brought to quiet title
TO lots in Folsoms addition to Salt Lake
city which NJ. {. Moon, the appellant,
claimed adversely TO the plaintiff. set
ting up a tax deed issued in 1895 as his
title, The only question involved is
the validity OF the deed Justice Baskln
In his opinion quotes from decision
of the court In former case involving
the same question. In the case of Oh
sen VS. Bagey, 10 Utah 495, this court
held that The title TO be acquired UNI
der the statutes authorizing the sale
Of land for the nonpayment OF taxes Is
regarded as strict iuris and whoever
sets uD tax title must show that all
the requirements Of the law have been
complied with
The failure OF the appellant TO show
that the property had been assessed in
the names OF both II. p. and w. II. Fol-
som, joint owners, and that their full
names had been inserted In the delln-
quent tax list published and the failure
e describe the property In said list
as being in Salt Lake City, vitiates the
tax sales and hence destroys appellants
claim of title to the land In controversy,
The opinion is concurred In by Chief
Justice Miner and Justice Bartch.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28

percentage without destroying the beet
sugar industry.
Representative Dalzel and Repre-
sentative GrOsvenor took part In the
discussion stating that the injury 10
the domestic producers had been shown
by this and other witnesses. Mr..
Grosyenor remarked that any ono
could see this result who could put
and together
f. y, Machado head Of the delegation
OF Cuban planters said In part.
The Plat amendment attached az
an appendage TO our constitution
chained the Cubans TO this country 10
such an extent that we are poweress
TO help ourselves, or TO develop our
Internal life, because the pathway for
dealings with outsiders Is closed to US,
Therefore Cuba must starve II neces-
sary or invoke the right 10 ask for relief,
II has been said that the Cubans have
had check TO knock at your doors for
aims like beggars, The Cubans Will
be eternally grateful TO you for giving
us our liberty, even with the Platt
amendment But that does not mean
we are eternally forbidden to come TO
you and that your final word has been
said I'm Cuba. AS we have no per-
sonallty, ct whose doors shall we
knock"
Mr.. Macahado spoke Of Cuba as
military defense Of the gulf guns on
MORO castle were more effective than
at the mouth of the Mississippi river.
So that II the international interests
Of the United States ever required the
American eagle 10 keep her claws there
Mr. Machado asked II II was not u
natural duty 70 look 10 Cubas welfare
and not her ruin.
The statements Of the Cuban delega-
ton were in progress when the COM
mttee adjourned until 1880 p NJ.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28

Yukon territory has committed sui
eide rather than suffer the disgrace
OF arrest for embezzlement. He was
a native of Leeds, England. He had
been missing for several days during
which a thorough examination was
made Of his books and shortage APP
proXimatlng $4,000 was discovered. A
warrant was Immediately issued for
Middleton's arrest. He was found In
an out of the way house and taken to
the government Offices.
When confronted with proof of his
deialcation he attempted no excuses
and was cool and collected When the
interview was terminated he excu 4d
himself moment to step into the tod
ct. A second later the officers heard
the fall Of body followed by groan-
Ing. Middleton had cut his throat il0m
ear to ear. Before medical aid could
be summoned he had expired,
Middleton was one OF the most pop
ular government officials here, but nad
been leading life for which he found
his salary insufficient
John Durand was killed in the shaft
of the Thirty Five Below mine on
Hunker creek. The bucket was going
up and displaced a large stone which
fell to the bottom of the shaft where
Durand was working, He was In
stantly killed.
The opposing stage lines TO White
Horse and White Pass are having q
merry rate war. The fare was origin
ally 1926, but the companies commenced
cutting rates and now the White Horse
route has II shaved to $50, to meet the
White Pass cut.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
Albert 4. Patrick Trial,

New York. Jan. 2S.--The cross exam
nation OF Or. Hamilton Williams coro-
ncr's physician who was present at the
autopsy on the body OF William Marsh
Rice, was resumed today az the trial
81 Albert 7. Patrick. In reply to ques-
tons by Mr.. Moore OF counsel for Pat
rick, Dr. Williams sal Il was possible
that disease Of the Kidneys might 80 az
gravate the lungs that death would en-
sue IN an hour. The Kidneys might be
dieeased although OF normal size and
color. a neglected cold might cause
pneumonia accompanied by congestion
and a Natery condition Of the lungs.
Are these the conditions you found
In the lung taken from Mr.. Rice's
body7" asked Mr.. Moore.
TO a degree. yes.
On redirect examination the witness
said there were certain conditions In
the left lobe OF the lung that could not
have resulted from neglected cold
The witness reiterated his belief tnat
tho conditions found were due to The
inhalation ~ o gaseous lrritant
Capt. James A. Baker Of Houston,
Texas. testified that the firm OF which
Dc wa member had looked after
Eicc's ahaiT FOR about farty years, the
wifness represented Mr. Rice while Pat
rick was representing the heirs under
the win OF Elizabeth the second wife "
Mr. Rice Mrs Rice had disposed o.
in her viii, certain property In which
MI Rice claimed she had no interest
The witness met Patrick In SSsS AMI
1899,
patrick thought the case should be
settled. said Capt. Baker Various
amounts from $3.50. 200 to $500 600 were
spoken NJ by Mr.. Patrick. but | told
him Mr.. Rice felt greatly outraged by
the win and had no doubt Of winning
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
1-1--7-~7|@7~s~e""7777@7
LATE LOCALS,

The Socialist Labor party meet to-
morrow night I'm their rooms on the
fourth floor Of the Hooper block, TO dis
cuss the subject Of Party Discipline
and the program Of the working class
es'
The eastern mail, due this morning,
did not show up in ogden because Of
trouble east on the main line, and the
Short Line came down with a stub and
only with local passengers. The mail
is scheduled to arrive some time this
evening.
A concert win be given In the Four
teenth ward assembly rooms tomorrow
evening. for the benefit Of Mrs Ma
thide Christie. one Of the oldest mem-
bers OF the singing society HarmOniau.
a very nice program has been prepared.
snd II Is expected that the friends OF
the beneficiary viii attend In fun force.
The Lindsey Bros have filed a suit
against the Telluride Power company Ia
the United States court for the sum Of
Slgl57. They allege that they contracted
To deliver 10 the Telluride company a
lot Of cedar poles 10 the amount OF S3l
07475 They claim they delivered the
poles on May 18th. 1901, and the com
pany on November 18TH 1901, paid them
S18,9l775. The compliments are now
suing for the sum which they allege is
due them as the balance Of the con-
tract.
The following named persons were 10.
day adiudged hankrupts In the federal
court and their cases were referred 20
Judge Baldwin, George J, Johnson, OF
this city Bergen DeMott Jr. ~
Grantsville George H. Berlin of Salt
Lake; Brigham T. Pyper and William
L. Harlow. also Of this city. Max and
Sol Krotki, Of Richdeld were adiudged
involuntary hankrupts on petition of
the Paris Millinery company Of this
city.
l.. II. Mandell reports the following
real estate sales: Mrs. Anna BrIyen 10
Alfred bell. two brick houses and iXl0
rods. at COS South Fifth East street
for s.. 1900: Francis Clark 10 Anna BrlX-
en-. two acres between Ninth and
Tenth south streets for $3.50, Sher-
man estate 10 local parties-ua
not given, jyi0 rods on Main street
between Eighth and Ninth South
streets for $500.
Deputy County Clerk Eldredge was
unable 20 be az his post OF duty today
on account OF a severe attack Of ton
silitis
James Murphy the well known trav-
cling man. IS at the Kenyon from 81,
Louis He says that while business
was found very good, only In spots,
the general tenor was encouraging. He
finds iiade In the intermountain states
very good.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
Louisville Preparing for schley,

Louisville, KY, Jan, 2S. Elaborate
preparations have been made by the
Louisville Knights Templar and the
| board of trade for the entertain
ment and reception Of Rear-Admlral
and Mrs Schley, who will reach this
city tonight.
a committee representing the
Knights Tempars and Louisville board
Of trade, accompanied by the local
military organization and a band Will
meet the admirals special train az
Salem, Ind, and will accompany the
party to this city When Admiral
Schley reaches the Union station q
salute of FIFTEEN guns will be fired and
from the depot the admiral and Mrs
Schley will be escorted In state to the
residence Of Mr. Marion y. Taylor,
president of the board Of trade, at
whose house they will remain durns
theit stay here, The program In honor
of the admiral includes reception at
the board OF trade AT noon tomorrow a
luncheon az the Pendennis club, and n
banquet st the Gait house tomorrow
night under the auspices Of the board
Of trade On Thursday the admiral
will he the guest of the knights Tenn
plar, and after a ride over the city in
the morning he will take lunch at the
PenIenns club. In the afternoon the
admiral will be escorted to the Ma
sonic Widows and Orphans Home ana
the Industrial School of Reform, where
he win address the children, and OF
Thursday evening Templar ball and
reception will be given at the Calf
house
Tomorrow afternoon reception will
be given in honor of Mrs Schley and
Mrs. Marion Taylor at the latter's resi-
dence, and Friday afternoon Admiral
and Mrs schley viii leave for Nash
Vile.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
IA, YOUNG HOME FROM THE EAST
vs Nothing Of His Recent West Point ionors Until He Re.
tmued HOme-TaIks Of lnsurrection in the Philippines.
but the chances were that The old style

but the chances were that the old style
Of diploma would remain unchanged
Major Young spoke highly Of Pay
master Major George Downey Of this
city and now OF the regular
army and said that he was noted in
the Islands for keeping his books in
apple pie order and In such shape that
any Item desired could be found imme-
diately Major Downey was selected
for paymaster Of the provost guard In
which capacity he was practically trea-
surer OF the city Of Manila and gave
marked satisfaction. Major Young
regards the young paymaster as an ex-
ceptionally bright and capable man.
When asked what he thought Of the
controversy as TO divided authority be-
TWEEN the civil and military government
In the Philippines, Major Young stated
while not desiring at all TO criticise
the ciyl administration of the Islands,
for Gov Taft was a very able man, he
could not but believe that the govern
ment should have been left In military
hands. Where matters are on a peace
or fairly approximate basis Of peace a
civil administration Will do very we'll.
But there is an active instruction in
fun blast in the islands, and only the
military are capable Of handling the
situation. The army does not lack In
officers capable Of administering civil
affairs, as has been proved by exper.
fence and when the volunteers were on
the islands men able In oil branches of
life were at hand Every emergency
has brought out military men able to
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
MORMONS WILL
NOT Be DEBARRED.
Stewart & Stewart Deny That They Will
Keep Members OF That Faith Off
MOrtensen Jury-A Wild Story.

IF It happens It's in the Herald" Is
subscription war cry the paper Of
that name Is working for all It Is worth
But a too vigorous campaign along ihe
lines Of fiction Is RELOCATING 1t TO the
realms of inadequacy The phrase
should be made to embrace the sentl
ment "and If It hasn't doesn't or
never will happen It's In the Herald all
the same"
That is the view Of many by reason
OF It's countless saffron ebulltlons on
the so-caled Morensen case, concern
ing which II has had so many mis-
statements Of late. This morning II
contained the usual yellow story. This
Time II had reference to the trial of the
accused saying In bold headlines and
strOng supporting body type mo
Mormons 70 Try Mortensen Defense
WIN Bar Rellgionsts from the Jury.
Fear sharp's Revelation"
All this was followed by the sub
Joined paragraphs and a column In ad-
dition
When James Sharp went upon the
witness stand at the preliminary near
Ing OF Peter Mortensen and declared
that God had revealed to him the guilt
Of the accused, he brought about a
condition as the result of which Nor
tensen's trial VIII be the most uniuue
IN the history of the state Of Utah.
No Mormon can sit upon the fury
that is to try Mortensen with his life
at stake Neither can any relgloniat of
any other denomination or sect who
believes In demonstrations from the AL
mghty-that Is, If the defense clvcts
TO prevent, 1t Is an open secret that
Mortensens counsel win take that ac-
ton for obvious reasons.
"A long, tedious task will be encoun-
tered when the time comes to select
jury. To add TO the difficulty experi-
enced in finding twelve good men and
true who have not formed storing
opinions upon the merits Of the case.
there VIII be another question 60 be
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
SANDER SUIT DISMISSED.
Case OF johnson vs Shulsen Finally
Nails TO the Ground.

The case of Emma Il. Johnson VS.
Andrew Shusen was today dismissed,
upon stipulation of the attorneys in
The case, by Judge Morse, The com-
plant as filed by Richards and Ferry,
attorneys for plalntin, prays for $40, :
900 damages for SANDER and defama-
ton Of character.
The specific charges in the complaint
are that on or about the 9Th and 18th
days OF March, 1900, and at divers other
times defendant did utter and publish
false and defamatory matter concern
Ing Mrs. Johnson 10 the effect that
she was a woman Of unchaste charac-
ter, that Peter johnson, her late hus-
band, was not the father Of her child
born between the date Of their mar
riage and his death, that her former
husband, John Loogren was not the
father of her first child, and that she
killed her late husband, Peter johnson,
by poisoning him. Mrs Johnson alleges
that all the statements were uttered
wilfully and malicously by Mr. Shu-
sen and that they were false and un-
true" The defendant in his answer
denied each and every allegation
The case was dismissed at the cost
Of plaintiff
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28

nm R. W Young returned last
IN from his trip to Washington
\. he went on private business. He
M Altogether a pleasant Journey and
n 18th Of the Utah senators and
|nr,nnsn sutherland. The latter
|k,s,sd The major particularly as he
|rs,Bi great worker and most car
In ihs discharge Of his duties Ma
n Ysy,g stated that he did not learn
|tAsEontment to the board of WIS.,
|iw oi year at the military academy
|ra hi arrival in this city; but he
|ua much pleased to learn Of the APP
|vstngt and had accepted 1t, for this
Ira NJ class holds It's twentieth year
N.nn Ne having graduated in 1882.
IN nlw said that the board OF visit
La new each year and generally
wsu q two senator's, three con-
p.rs, and FIVE or seven civilians.
Mnhf was asked II there would,
N y shIOn, be any change In the
IaarsEdature al the academy, so
Lar fur classes would be known
rh m colleges az freshmen, So
anga enIors and juniors, but the
ugAaht the present style was so
tis rAided 'and had obtained for
egrIyars that any departure was
irlt Visible The same might hold
W. natter Of graduating certi-
tis Vhlth now were diplomas, while
|heE oleses baccalaureate degrees
|Hrin Il was true that bachelor
|drnT science might be awarded,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
COURT NOTES.

Judge Stewart Is still engaged in
hearing the Van Alstne will contest
case.
The case OF w. H. Cromer ct al VS.
Martha T. Arthur was submitted to the
jury in Judge Morse's court today. The
case is an appeal from q judgment for
$1,000 IN favor Of plaintiffs rendered in
the Justices court Of Morris Sommer.
The suit was brought by plaintiffs to
recover from the defendant 500 as com
mission for the sale Of real property.
In the case OF Fred Gibson vs. Susan
nah Barlow ct al Judge Hall today
rendered O decree In favor Of plaintiff
and ordered the sale of the property
In controversy. The decision was rem.
dered upon the pleadings In the case
and orders the proceeds OF the sale OF
the property 10 be divided among the
parties IN interest The property In.
volved is q part of lot s, block p, plat
b. and is valued al about 1900
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-28
Bank Blower and burglar Arrested

81. Louis Jan. 2S-ln John Law
renee Mason, arrested early TODAY In
company with two other men Chief OF
Detectives Desmond thinks that he has
one OF the men who robbed the Nation
al stockyards bank at East ST. Louis.
Mas IN has confessed TO the chief thai
he made al. the safe-b'owlng and bur-
glars too,s In possession Of the three
m,n who we're arrested. he told the
chief contradictory stories about the
bank robbery at the National Stock
yards
one Of the other men arrested with
aMson admitted that his real name Is
Samuel Cullen. and that he lives In
bridgeport Conn Tom Lane the third
member Of the marty arrested, said he
was borr IN Wales.