davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1903-03-31
OPERATOR MAKES A MISTAKE
Displays the Wrong Signal and a Bad
Wreck Follows.
SERIOUS ACCIDENT OCCURS ON ERIE
Twenty-Five Persons Are said TO be
Badly Injured and Doctors
Are hurried 10 the
Scene.

AKRON, o.. March sO.-A double-headed
freight crashed into the caboose of another
freight on the Erie in a cut near Ashland
early today. derailing fifteen cars and kill
ing F. L. Self and W. H. Wine OF Gallon.
while Nilfer Evans and Albert weis. en-
gineers of the rear train, we're hurt. but not
seriously.
The men killed we're hremen on the rear
train. They, with the engineers. jumped.
but both OF the fremen fell under the train
and we're run over.
It is said the wreck was caused by al
operator displaying a wrong signal.
FLINT, Mich, March 30.-The fast east
bound passenger train No. 6 on the Grand
Trunk Western railroad split on a switch
at Swartz creek early today. Engine 800
left the track and Engineer Harrington's
left arm was broken and Fireman Wagner
was terribly scalded. He will probably re-
cover. however. None Of the passengers
was injured.
wreck ON the Erie.
CLEVELAND. o.. March 3.-The fast
westbound New York and Cleveland express
train on the Erie road. due In this city at
IL 40 p, M, was derailed at Concord, near
Corey, Pa. while running at a reduced rate
OF speed early today.
So far as reported to the headquarters of
inv III &c NOAABahg III Nhln CANgg hO PhobGDkbl
we're, killed or seriously injured. although
everyone on the train was severely shaken
up and a few sustained severe bruises.
The cause Of the accident is not yet
known. The engine and cars all left the
track except the rear Pullman. None OF
the coaches turned over. however, except
the forward express car. The latter Is lying
partially tipped over an an rembankment.
Later II WAS learned that spreading rails
caused the accident. Mrs. G. b. Hennessy,
enroute from New York to Cleveland, suf-
fered seriously from the nervous shock
and was unable to resume the journey west
on the special train which was made up
for Cleveland.
wrong Signal IL Given.
PTTTsBURG, Pa, March SO.-A Corey,
Pa, special says the entire train, consisting
Of a combination baggage and cafe car, two
sleepers, a parlor car and two day coaches
went over the ~embankment, No particulars
have been obtained as yet, but all the doc
tors from Corey and Union City left for the
scene on a special train.
Twenty-Five persons are reported seri'
ously injured and one old woman from
Cleveland fatally. The injured will b.
brought to the hospital here. No name
have been secured yet. A train was made
up and the passengers continued on theil
way. wrecking crews are clearing the
tracks which are blocked.
TOANA. New. March S0.-A double-headeI
westbound freight train on the Southern
Pacific jumped a switch while pulling int
the yards at Enelon yesterday afternoon
and as a result trafic has been completed!
blocked since then.
Both engines went into the ditch and hal
a dozen cars piled on top. tearing up ant
blocking the tracks so badly that 1t wal
necessary TO build around the wreck for
distance OF 2oo feet. No one was hurt. l
is believed that the blockade will be raise'
by noon today.
Omaha daily bee., 1903-03-31
HURON HOTEL MAN STAYS SELF
Jumps ON Track Before Approaching
Chicago a Northwestern
Train.

HURON. 8. D.. March so.-Luke James,
aged so. a hotel keeper at Bonila, threw
himself under a Chicago & Northwestern
train today and was instantly killed.
Omaha daily bee., 1903-03-31
MRS. MILES RETURNS HOME
Receivers Sufficiently TO Leave West
Point for Washington in
Husbands Care.

WEST POINT. N. Y. March S0.-Mrs
Nelson A. Miles, who was taken Ill suddenly
on Sunday. left for Washington today, ac-
companled by General Miles.
Omaha daily bee., 1903-03-31

In this age, when so many adulteratei
goods are offered. you want Cooks Inn
perial Extra Dry Champagne. II is pure.
Omaha daily bee., 1903-03-31

prietor Of the leading hotel. was the
caterer. and furnished a repist that fully
satisfied all that we're present.
Omaha daily bee., 1903-03-31
MouIders Receive Increase.

wILKEsBARRE. Pa, March S0.-The
Moulders' unions and the Foundrymen's as
ISOLATION. representing all the plants in
Luzerne and Lackawanna counties. had an
all-day conference here today. Late this
afternoon an agreement was reached by
which the men receive an advance o. s
Omaha daily bee., 1903-03-31

New Road for Illinois.
SPRINGFIELD. ILL.,. March 90.-Articles
Omaha daily bee., 1903-03-31

Goes the crockery and the waitress will
probably be called clumsy and careless.
Her plea of sudden dizziness is not
Omaha daily bee., 1903-03-31

per cent in wages for one year from April
1, but are still to work ten hours per day
BUFFALO, March 3O.-A general organi-
cation of employers corresponding to the
central labor bodies OF the employees will
be one Of the propositions undertaken by
the National Metal Trades association
April 1 and 2.
Omaha daily bee., 1903-03-31
FORECAST OF THE WEATHER
Fair To-day and in Iowa,
but Rain on wednesday I'm
Nebraska.

WASHINGTON. March SO.-Forecast for
Tuesday and Wednesday:
For N~ebraska-Fair Tuesday; Wednesday,
rain and colder.
For Iowa and Missouri-Fair Tuesday and
probably Wednesday; light variable winds.
For nlinois-Fair Tuesday and Wednes-
day; light, variable winds.
For Kansas-Fair Tuesday and wednes-
day!
For Colorado and wyoming-showers
Tuesday and Wednesday; colder wednes-
day.
Omaha daily bee., 1903-03-31
Denver Restaurants Closed.

DENVER, Colo. March 3o.-seventeen
downtown restaurants were closed at loon
today by q strike of 500 union cooks and
The trouble arose over The en-
pIoyment Of n~onunion cooks at two res
taurants that are members OF the restau-
rant keepers association. Fully 1000 people
were inconvenience.
Omaha daily bee., 1903-03-31
Local Record.

OFFICE OF THE WEATHER BUREAU,
OMAHA, March 3o.-Of1cial record OF tenn
the corresponding day Of the last three
Omaha daily bee., 1903-03-31

CHICAGO. March Scatter IN all night
session representatives of the Carriage and
WaEonmakers' association and the striking
union workmen practically settled their
differences today.
II was decided by the strikers to seek q
settlement through arbitration on the ques-
ton Of wages, hours and the time limit Of
the agreement with the union.
Recognition OF the union, a walking dele
gate and other minor demands OF the work.
men were granted at the conference. The
decision of the arbitration must be made
by April 30.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
GRANTS A NEW TRIAL.
Judge Rurnham sustains Motion in the
Case Of First National Bank of Tip
-. NJ - 4 Reneon

SS - SS'SS'
Judge Burnham this morning sus-
tanned the motion for a new trial in
the case of the First National Bank of
Upton VS.. H. j. Benson.
The case occupied a six days trial
In the district u last week, and
resulted in a verdict for the plaintiff.
Judge Burnham stated, in announcing
his ruling, that the case had been a
most peculiar one in many ways. as
well as an interesting one. 1t took con-
siderable time to try 1t. He had care
fully considered the evidence and more
than once had been p~erplexed. He had
viewed the ~pleadings and the evidence,
and had had occasion to rearrange his
instructions in several instances. He
unintentionally omitted n or two IN
structions to the jury. and while he did
not consider that he had erred in any
particular line he always liked to feel
that when he submitted a case to The
jury he had given both sides a fair
and impartial trial in every particular.
He said that people do not understand
the position of the court in many IN
lance and how hard 1t is, at times,
in the heat OF a trial, to rule on GER
tain questions on a moments notice. In
admitting some of the testimony and
emitting other portions, he had been
in doubt whether or not he was right
in each instance. While this in itself
was not of great Importance, and not
sufficient to set aside the verdict,
coupled with the lack Of giving his
complete instructions he was not just
satisfied that the defendant had been
oirap a fair and imDa rtial trial. He
had decided to set aside the verdict,
something he rarely did; but he would
feel better satisfied in his w mind
and would for that reason grant the de-
PENDANT another hearing.
The plaintiff was given sixty days to
prepare and file exceptions.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
Attempts to Get a Line on What
Company Will Do In the
Paving Suit
JUDGE ovERRuLEs DEMURRER
Decides That There Is a Question of
Fact at Hands Wooden Strip
Along the Sides of Rails on Unpaved
Streets Pavins?-street Railway
Company Contends 1t Is.

In the case of the appeal of the Mar
shalltown Light, Power & Railway
Company from the special assessment
of the city council in the paving of
North Third street, the city filed a de-
murrer yesterday. The demurrer was
to the street railway c~ompany's state
ment and answer in the appeal taken to
the district court from the special as
sessment, and raised a question as to
its sufficiency.
City Solicitor Van Laws idea in
fling the demurrer was to put out a
feeler and determine, if possible, the
line of defense that would be main
tanned. II there was a question OF fact
in the statement and answer the de-
murrer would be of no weight, and
this Judge Durham decided, over
ruling 1t. The court found that there
is a question of fact at issue, and that,
in decided the case finally,it would have
to determine that matter Of fact, and
that it could not do in a demurrer
The question of fact at hand is that
the ordnance OInpelS tHe StISsl IdA
company to lay a pine strip along each
rail on streets not paved; that these
strips must be four inches wide and
come up to within one-half inch of the
top of the rails. The contention OF
the railway company is that that con-
stitutes q paving, and because it is a
paving it comes within the exception
as stated in section S34.
Judge Burnham reviewed the law as
it referred to paving in cities of the
first class, where street car companies
are compelled to pay for paving be-
tween the rails and n foot on either
side. He did o know why the law
would o refer the same to cities of
the second class, but as long as there
was a question of fact at stake he
could do nothing but override the de-
murrer. The case will now go to trial,
probably at the August term, on the is
sues of fact raised, and all legal ques-
tions originally involved will be brought
out. Judge Burnham stated that the
overruling of the demurrer did not de-
termine the case IN any sense of the
word. The appellee, is given ten days
to reply to the appellants state
ment.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
MILTON FOUR MONTHS
Judge Burnham Takes Advantage of
the Latitude offered by the statu-
tes-Takes Into Consideration Past
Record of the Prisoner and His Fam
lily of Small Children.

Joseph T.. Milton, the former Iowa
Central brakeman who was arrested on
a charge of larceny by embezzlement.
in having appropriated to his own use
money collected for an injured brake
man, Frank Schoffner, of Grinnell, was
sentenced by Judge Burnham this at
ternoon to -four months in the county
Jail. The judge was inclined to be
lenient for a number of reasons, but
said he failed to understand how Mil
ton, with a good record behind him,
could have so forgotten himself as to
commit such a crime.
Milton did not speak In his own be-
half when he was called before the
courtNat 2:30. His attorney spoke for
him, referring to Millions past record
as having been good, and to his family.
a wife and five small children, who
were solely dependent upon him. The
attorney said his client had never been
guilty before, az far as he was able
to learn, of any crime, and could not be
classed as a criminal. He thought
the degree of punishment that might
be inflicted upon another, should not
apply to him, and that a lighter SEN
tence would meet the ends of justice
as Well.
Judge Burnham said this vas a case
where it hardly seemed Ineligible to
the court how a man, with a family,
and one who had never been interested
in criminal transactions before, could
not resist doing wrong when an OPP
portunity presented itself. II AVE in
quired into your history" the judge
said, and I can not find any one who
offers to make any complaint. / don't
know how you should have SO COM
pletely forgotten yourself as to com
nit a crime that would allow the court
to send you to the penitentiary for
seven years. I shall take into con
sideration your condition and your fam
ilj and be lenient. The legislature
gives the court a wide range, with
a minimum sentence of one year in the
county Jail, a fine of $500, or both.
You could o pay a fine, n I shall
sentence you to four months in jail,
you to pay the costs of prosecution.
l hope this will be a lesson to
and l should regret very much to ever
hear of you getting into trouble again,
for then l should feel that l have done
wrong in letting you off SO easily"
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
OBITUARY..
Scofeid.


Andrew j. Scofield, aged GO, one of the
older residents of the county dice at
his home in Timber Creek township,
six miles south of the city, Friday night
at 10 o'clock of dropsy. Two years ago
he was stricken with paralysis. the
right side being affected, but during
his last illness he has been confined to
his bed only two weeks. He la lived
in Marshall county for thirty-fve years.
coming here shortly after his discharge
from the army. He served turnout the
war in Company G, One Hundred and
51st Illinois infantry. He was born In
Bureau county near Quincy. Mr.. SEQ
field, leaves a wife, and three daughters,
Mrs. Fannie Morgan, of Beacon; Mrs.
Emma Snyder and Mabel Scotield, both
of Timber Creek township; n three
sons, William. Harland, and Leslie,
also of Timber Creek. The funeral will
be held Sunday afternoon at 2 o'clock
from the Spring Valley church. Rev.
Mark Masters, of Laurel, officiating.
The interment will be in the Spring
Valley cemetery.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
In the District Court.

The case Of the international Salt
Company VS.. the Western Grocer Com
pany, thru its Let's, Fletcher Company
branch, was decided by Judge Burnham
late Friday afternoon III favor of the
defendant. The salt company shipped
to ,he Let's, Fletcher Company a car
load of salt, which the grocery COM
'pany refused. The salt concern brought
suit and the court holds that the gro
Gerry company had the right to refuse it.
Judgment was entered against the
plaintiff for the costs.
The Judgment that was obtained at
the October term of the district court
by j.. l.. Carney, against the Camp
bell Furnace Company, has been paid
in full, together with the costs. The
furnace company has Withdrawn its
appeal to the supreme court. In this
action it was proved that the furnace,
placed by the defendant company in the
Carney residence was defective, and
Mr. Carney brought suit to recover
the one paid.
The term, which has been thirty
days long today, will be brought to a
close Monday.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
Young Man Charged With Big
amy Gets Off With a Very
Nominal Fine
JUDGE BURNHAM is LENlENT
Thinks That For All Parties Concerned
the Disposition He Has Made Will Be
Most Beneficial-cook Is Fined $500
and Costs and Father SettIes-Is
Free, as Far as Bieamy is Concerned.

Nathan Leroy Cook may consider
that he is one of the most fortunate
young men in the state of Iowa, as far
getting out of trouble is concerned. He
and in another he is not as free as he
might wish. Judge Burnham dismissed
the case of bigany against him Fri
day evening, upon his plea of guilty
thru his attorney. A fine of 5000 and
costs was imposed, which was paid by
the defendants father, B. +. Cook, OF
Indianapolis.
Cool was arrested last winter upon
a charge of bigamy, the complaining
Sioux City. The first Mrs. Cool had
been married in 1901, but only lived with
her husband a short time. Cook had
been informed that she had secured a
divorce. and without giving the matter
the proper attention, or finding out to
a certainty whether this information
was correct, was remarked to Mrs.
Clara Swift-Thompson, of this city.
last fall. The second wife has been
loyal to him turnout his trouble, as
also have her people. Cook has been i'll
for several weeks and has been cared
for at the home of Mr.. and Mrs. Swift.
He is now convalescing, but was not
able to appear in court. His plea was
entered by his attorney, who also paid
the money over when the courts de-
cision was given.
Just whether or not this will put an
end to Cooks troubles is a question.
There Is a belief on the part of some
that the first Mrs. Cook will now bring
an action against her husband on a
charge of adultery. Cooks friends
claim If this Is done 1t will be nothing
more or less han persecution. Every
effort will be made to satisfy the first
Mrs. Cook, to get her to obtain a de-
cree of divorce, and thus leave her hus-
band free to again be united in mar
riage to his second wife.
To his second wife Cook owes a great
deal of his good fortune in getting off
so ~leniently. Mrs. Cook No. 2 plead
personally with Judge Burnham in
chambers a few days ago., as did also
her mother. Judge Burnham is of the
opinion that the second Mrs. Cook is
deserving of all the sympathy possible
to extend, and that the disgrace of the
whole affair has rested more on her
than anyone else. The court felt that as
long as Cook did not knowingly or
wilfully violate the law, he is deserv-
ing of Ieniency, and therefore extended
it. The maximum penalty for bigamy
is five years in the penitentiary or q
fine of $500 and mi year imprisonment
in the county Jail.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
INVESTMENTS In
SOUTHERN LANDS

Such investments are notspeculative.
The south is not a new country. Mar
ket and shipping facilities are ade-
quate and first class. The climate is
mild and favorable. Notwithstanding
these and other advantages, southern
lands are selling for prices far below
their real value, and at present prices
net large returns on the investment.
For a free set of circulars, Nos. j to 10,
inclusive, concerning the possibilities
of lands in Kentucky, West Tennessee,
Mississippi and Louisiana, on and near
the Illinois Central Railroad, for home
seekers and investors, address the I'M
undersigned.
J.. F. MERRY,
Asst Gen'l Pass'gr Agent ]. C. r. R.,
Dubuque, Iowa.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02

fee of County superintendent Hostel
Ter. The examinations were in charge
of Special Agent r. j. Martin, Route IN
spector r.. II. Bloodgood and Special
Agent John L. Boylan, all of the west
ern division of the rural free delivery
service, headquarters, Denver, Col. Mr..
Martin and Mr.. B~loodgood arrived in
the city Friday afternoon and after the
examinations We're concluded went n
conference with Mr.. Boylan on matters
pertaining to the establishment of a
complete rural mail service for Marshall
county.
Thirty applicants were examined, and
out of this number fifteen are to be
chosen.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
WILL MAKE RECOMMENDATIONS
Professor Macy and Or. Grimes Viii
Instruct Council How to Proceed.

Professor E. r. Macy and DR.. E. G.
Grimes, chemist and bacteriologist,
respectively, to the state board of
health, who were in the city Friday to
investigate the conditions surrounding
the city water supply. returned to Des
Moines Friday evening. DIR. Grimes
said they had looked into conditions
only in a general way, and would make
recommendations to the council, in
structing them as to how it should pro-
coed, in their judgment. DR.. Grimes
said it would be recommended to in
vestigata the open wells in all parts of
the city, also the milk supply of diff
ferent diaries. Professor Macy thinks
thai a city of his size should have on
it's pay roll a chemist, who would make
examinations of the water continually.
He also thinks that the milk inspection
has been neglected, as he was given to
understand that no inspection had been
made for two or three years. Professor
Macy does not anticipate that the
source of the present trouble will be
found to have had its origin in the
wells, for he is satisfied the water, as
it leaves them, is pure.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
LOCAL COMMENT.


Marshalltown is in no need of its glu.
aroma is concerned. 1t has an asphalt
plant in operation.
Would not the surroundings Of the
public library be improved If the ole
watering trough were removed to some
other locality?
The little folks in school had to dis
pense with their Lovely May, Lovely
May, Drives the Chilling Winds Away
song yesterday if they cared to be con-
sistent.
City Health Physician Nichols is de
serving of considerable credit in his po-
sition of "go-between" in the c%ontrover-
sy between the council and the doctors.
1t was wholly on his suggestion that the
council rescinded the action.
The starting of the new pottery plant
this week is something in which the en-
tire city is interested. II is doubtful,
even after reading a complete descrip-
ton of the building. whether or not the
real IIiiSIllSuIC VI SiiC liRiil ca ~ ANoi
tied. The institution vii; be an excel
lent source of advertising to the city,
as its wares will go into every part of
the country. The new Marshalltown
pottery is the largest in the world for
the manufacture of earthenware spe-
cialtieS.
Councilman Webster's heart-to-heart
talk with the council on the saloon
question ought to have an effect of
opening the eyes of that body in GER
tain directions. There is no doubt but
that Marshalltown has more saloons
than 1t needs, and the s%aloonists them
selves are of that opinion as well as any
one else. Mr.. Webster's~ suggestion that
the city should either raise its licenses
to an amount tina would put some of
the %saloonists out of business. or cease
to allow other permits, IS a good one.
The third expert analysis Of city
water having shown it to be pure this
community is more perplexed than
ever to account for the fever it has
recently suffered. The doctors who so
suddenly took to mass meeting enter
prise anu SO Suuuelliy SupSideu WIieIi
they obtained their own way with the
city council could perform a great pub
lie work If they would combine their
experience and their intelligence in
some concerted move to discover the
cause of typhoid fever. Most of them
still believe hat it is the water, or
at least was the water, but no one has
yet been able to explain how the water
could be contaminated at n time and
be pure h next. History teaches that
the man of the hour always appears in
times of great crises. Just now that
for M%arshalltown is he who will
discover the cause of our sickness. The
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
Sinclair.

Denslo Worth, the 3-weeks-olG sor.
of Mr.. and Mrs. B.. w. Sinclair. of 107
South Second street, died this morning
at S:45 of whooping cough. Owing to
another case of the same disease in
the family the funeral will be private,
services being conducted at the home
Sunday afternoon at 2:30 by DR.. Eli
tah Brown Jones. Interment will be
in Riverside.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02
EVENING SERVICES LATER.
Churches Will Begin Observance {
Summer Hours Tomorrow.

1t has always been the custom among
city churches that after May 1 the even
ing services are held one half hour
later. All the churches will observe
the new hours tomorrow evening. be-
ginning the sevices at 5 o'clock. The
young peoples services will begin at Z.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02

The decomposed remains of a man
found in the ice harbor at Dubuque
Monday, proved to be those of Daniel
Morgan, who disappeared Nov. z, from
that city.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-02

Do you feel broken down and does
you system need n~ourishment? Just
take Man-Er-Vine Tablets, the worlds
greatest remedy for the nerves brain
and blood, and watch results. For sale
by c.. J. Lander.