davidaulloa/AmericanStories huggingface dataset:
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
Court Proceedings at Clinton
Enlivened by Pleadings In
a Damage Suit
LEvITY OVER PLAINTIFFS CAUSE
Petitioner Asks $4,000 Damages for
Cutting Down of a Decayed Tree
Solicitor Mccoy Takes Humorous
View in Presenting an Answer to the
Plaintiffs Allegations.
Special to Times Republican.

| Clinton, June Sit is not often that
an attorney njects humor into solemn
and staid court proceedings, especially
lin an answer to Il petition. But CITY
Solicitor w. j. Mccoy, in his reply to
petition filed by p. j. Mcdonnell, who
has brought suit against the city OF
Clinton for damages in the sum of 81
600 for cutting decayed tree, displayed
i keen vein of humor. ,the city solicit
tor doubtless considers the allegations
of plaintiff so exaggerated that he re-
sorted to ridcule in his reply to plain
tiff's position in the following language:
las to plaintiffs allegation that with
out objection said tree. ever since the
year 1873 remained in the same place,
this defendant states that while said
tree was alive and In good health it had
fixed habit of leaving every spring.
1T denies that such tree was located
or that its character was such as to af-
ford a grateful shade to any other
portion of the public than an occasional
Weary Willie; or that it could afford a
protection against fire to any building
which might occupy any part of said
premises; the north half of said prem
ises being at no time occupied by any
building owned by plaintiff and the
south half being ornamented only by
small. ancient, one-story structure.
standing on uncertain posts.
This defendant denies that said 81
GOO tree was safe and sornd or served
any useful or ornamental purpose as
alleged, but states a long time prior to
its alleged untimely removal ii had
given marked evidence Of having seen
better days: that it's circulation was
seriously impaired: that its limbs were
simost losing their normal vitality; its
lower limbs. especially, had parted with
their former suppleness and beauty:
and the lower and more exposed por-
lions of Its body showed an advanced
state of decay. necessitating an imme-
date, complete excision near its base
to prevent an early, unassisted. total
collapse and to thereby promptly re-
move longstanding, dangerous nui-
sance to passers- by.
This defendant denies that 1t has
converted to its own use the body or
any of the limbs of said now deceased
tree, but admits 1t accorded to the re-
mains such attention, care and disposal
as seemed suitable under the circum-
stances and in keeping with the So
lemnity OF the OCCASION
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
a Bad Man at Fort podne.

Fort Dodge, June 5.-Bert DoolittJe
living north of town. became unduly
excited after seeing the president in
this city Wednesday, and evidently
though. he was the president or the
kaiser when he got home, for he at
tempted to clean out the neighborhood
and iell into the hands of the author
tiles before the job was completed.
Dooiirile lives on the William Sinclair
farm, four and one-half miles north of
town. j. V. Hotchkiss was temporar-
lily stopping there also. Doolitt!e had
q grievance against the other man and
carried it all the way to this city and
back again Wednesday. He also car
ried back tank full Of booze. When
he struck the farm limits he let out a
whoop and started on hunt for
HotcnKiss. his enemy. He found him
and chased him off the farm with the
aid OF gun. Hotchkiss came TO this
city and swore out a warrant for Doc
titles arrest. officer Ash and Deputy
Sheriff Little went to the farm to get
him although it was nearly midnight.
1t was o'clock before the party re-
turned with the bad man. In the police
court yesterday Doolittle paid fine OF
$40 and costs and promised to behave
himself In the future.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
EXTENSION UNCERTAIN
Call Issued For a Special Meet
ing of C. l. & NJ. Railroad
Stockholders
PROJECT MAY BE ABANDONED
Hardin County Capitalists Interested in
Project Which is Headed by Judge
Porter, of Eldora-Line If Built
Would Become Part of Chicago G
Northwestern System.
Special to Times-Republican.

Special to meS-RepuDlican.
Iowa Falls June "a call has just
been issued for a special meeting of
the stockholders of the Chicago, Iowa
& Minnesota railroad company, to be
held On June Sth. for the purpose of
determining whether or not the road
will be extended this year. Some years
aeo. this company was organized for
the purpose of extending the old Chi
ca,go, Iowa & Dakota road, now owned
ana operated by the Chicago & North
western. northwest from Alden. Con-
siderable right of way was secured and
the company still holds equities in par
cells of ground along the proposed line
which had Britt as its objective point.
FOR some unknown reason the road
never got beyond the point of grading
a few miles of the right of way. The
proposed meeting is for the purpose
of determining whether or not the road
shall be extended this year or the pro-
ject abandoned. A number of Hardin
county capitalists are interested IN the
pr,jec. which is headed by Judge John
Porter. of Eldora. Should the line be
built 1t is probable it would become
portion of the Chicago & Northwestern
system. as a link connecting It's north
western Iowa divisions.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
American PoIiteness.

a bon MOI credited to James Ru-
t2h Gartic.3. the newly appointed
commissioner Of corporations, has of
late been going the rounds of Wash
ngton.
Mr.. Garfield at a dinner party sat
next to a French woman. This lady
praised here own country very highly.
Particularly she praised French polite
ness.
Tie French she said, ARE the po-
litest people in the world"
Mr.. Garfield smiled.
The ether a little piqued at his
smile, said:
'Yoa Americans all admit. don't you,
the superiority of French politeness:"
Mr.. Garfield answered: I'VE do,
madam. That is our politeness."
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
RUBBER SANDWICH TO GO.
fNew York Tribunal


| Orders that may mean the passing OF
the rubber sandwich" were given tc
the police yesterday by General Greene
The indiscriminate sale of liquor or
Sundays at places holding hotel licences
has been carried on for some years with
the aid of the sandwich which nobod,
would think OF eating. 1t has been the
practice at certain hotels" in the city
and at various summer resorts within
the city limits to work the same old
sandwich Sunday after Sunday for
months as q means of evading the law
Four years ago Justice Truax, in the
supreme court, decided that ito put
sandwich beside drink when a
sandwich is not ordered, and to take ii
away again without having received
pay therefor, is not serving in good
faith meal with drink" In the ap-
pellate division two years ago Justices
Patterson, OBrien. Ingraham, Nc
Laughlin and Hatch decided that such
use of the sandwich was "a mere pre-
text to evade the law"
In general order to the force yes
terday General Greene called atten-
ton to this decision and others, and
said:
These decisions have not been re-
versed nor even appealed from. They
must govern the action of the police.
AT North Beach on Sunday last plate
containing small piece of bread was
placed on each table, whether empty
or occupied, and remained there while
drinks We're being served and there was
no other pretense Of serving a meal.
A. 4 orc
exhausted at one hotel, and none could
be furnished when demanded, altho
drinks continued to be served without
restriction. These are plain violations
Of the law.
You will see that the law, as thus
judicially Interpreted, is enforced with
in the limits of your respective com
mands, and that in places holding hotel
licenses liquor is not sold on Sunday
except to guests of the hotel as defined
in the law. who actually order and OBJ
tain, in good faith. meal therein, at
the hours when meals are regularly
served therein.
Ii General Greenes orders are carried
out next Sunday will be the "dryest'
OF any summer Sunday at Coney Is
land AND other city watering places in
years. The enforcement of the order
will also make n tremendous difference
with Sunday traffic at all the Raines
law hotels in the city.
General Greene yesterday sent to
three city magistrates who may have
the disposition of cases if the police
make many arrests next Sunday at
Coney Island, North Beach and Fort
George a copy of his order to the police,
adding:
1t is my desire to see that the police
perform their duty by presenting proper
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
A. L. Beardsley, Sioux City
Given Title to 300 Acres
of Land
GIFT AMOUNTS TO ABOUT $4,000
In 1856 Land Began to Be Added to the
Farm Of L. M. Brown, Who Later
Sold the Tract to Reardsley-Land on
Nebraska Side Claimed by Another
Man-Lawsuit Followed.

Sioux City, June 5.-The earning o
young fortune for A. L. Bearisley
ana =. M. Brown, by the Missouri river
unaided, was approved yesterday b,
Judge Oliver, of the district court, ant
he gave title on 1,SOO acres to Boards.
| ley.
This 1,S00 acres is now the propert,
of Beardsley because the Missouri add.
ed this great tract Of 100 acres fronting
on the Iowa side of the river. The L.
500 acres are now on the Nebraska
side, but are adjudged by this decision
to be Iowa soil. The gift of the Mis-
souri, river to Beardsley and to Brown
from whom he bought the tract
amounts to at least $4,000.
l.. NJ. Brown became the owner o.
about 100 acres in sections 10 and Is
of Woodbury. township. fronting on the
Missouri river in 1885, buying 1t from
the owner OF a title acquired the year
before.
That same year the Missouri river
embarked on It's charitable scheme.
Slowly. but steadily land began to be
added to Browns 100 acres by the foxy
stream. To do this the river began
devouring several valuable farms on
the Nebraska side OF the river Among
the tracts which disappeared In the
nav of the Big Muddy was 400 acre
farm owned by Wallace Long of this
city.
The river continued backing away
from and adding TO the Brown tract
until IN 1894, the accretion amounted
TO 1,Sn0 arces.
An Ice gorge formed in the big bend
of the river at this point In 1894. The
river Rad no way of getting around the
horseshoe. so in few hours it cut
across the base of the accretion, as
leave IN 1856 This is what is termed
in Iowa law an act of evulsion.
Bea.dsley fought the title to the ac-
creted land fro, v. NJ. Brown. After
the act c. a J+.l 'I.aall. of
this city. bo9igl:t all the titles of the
land o,l the Nebraska side which had
been eaten by the river. Under these
titles he claimed the land which had
been restored to its old position on the
Nebraska side, when the Missouri cut
across the bend. Beardsley last year
sued Mulhall to obtain title.
Muhall's attorneys, Jepson & Jepson,
claimed that the river had merely re-
sumei liz old channel, in 1894. and that
therefore title to the land in question
was restored.
The Iowa law on land manipulated
by rivers has been well defined. Land
accreteG belongs to the owner Of the
land - which the accreted is added.
An act of evulsion being sudden. does
not affect ownership. SO the court con-
struel this case that the land had been
given the owner of the Brown tract
by accretion. and the restoration OF the
river 60 its original channel did noe dis
turb the title. Brown could dispose of
he ..ccretion separately for his title
had already been perfected.
Attorneys FOR Mulhall Will appeal to
he supreme court.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05

joy themselves, but at mass meeting
OF the citizens "Wednesday night it was
decided to give a rousing celebration
THIS Year. and committees We're APP
pointed to begin at once the arrange
ments for the same. Special features
viii be introduced and it is proposed
to make it the largest and grandest
celebration in southern Iowa. Al the
city is behind the committee. and the
city council, when they learned of the
determination of the citizens, TO cele-
brate, Immediately passed a resolution
appropriating 500 to be used in the
celebration.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
New Oratorical Leaaue.

Special 70 TimeS- RepubliCan.
Iowa city, June 5.-The State Uni
versity of Iowa will enter new ora :
toricai league, to be composed of the
state universities of Illinois, Indiana,
Nebraska, Kansas Missouri and Iowa.
The new league is now in process of
formation. Iowa will tend as her ora
tor in the annual contest, the winner
of frs place representing Iowa as
heretofore in the contest of the North
ern Oratorical League.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
Weodmen's Picnic.

Special to Times Republican.
Iowa Falls, June 5.-The annual
Hardin county Woodmen picnic is an
event of more than usual interest in
the county so that the one this year to
be held at Union on the 18th of this
month is attracting the attention of
many people. The order is unusually
strong in this county. each town hav-
ing fiourishing camp which rolls up
big membership In the aggregate. The
picnic takes the nature of field day
and out door sports form the larger
part of the program which is as usual
an interesting and varied one.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
Remembered the Microbes.
[Phila delphia Ledger.l


While Jocob still tarried at the we'll"
said the superintendent of the Sunday
school, Rachel, as we are told, drew
near. She was fair TO look upon and
Jacob Kissed her. Then he lifted up
his voice and wept. A great many
whimsical explanations children, have
been advanced for this singular con-
duct on Jacobs part. What possible
reason could he have had for weeping,
after kissing his beautiful cousin
He remembered about the mi
crobes," ventured Tommy Tucker.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
THINK WELL is POISONED.
Sioux City People Terrorized by the
Thouohh

Sioux City, June 5.-Sioux City is
terrified by we'll poisoner. Wednesday
night tie we'll of Nicholas Sanem was
poisoned, large quantities of cheap
grade Of strychnine having been thrown
in. The mother and little 9-year- oId
daughter drank sparingly of the water
and were made deathly sick. Only
PROMPT work saved the life of the lit
tie, girl. The motive for the deed is
unknown. The police fear that some
iiend may be at work poisoning wells
indiscriminitely. The people of the
are thoroughly terrified
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
CLINTON WILL OPPOSE.
Democrats of That County Are Against
Kansas CITY Platform.

Clinton, Ia, June 5.-June IS is the
date set for the democratic convention
OF this county at which candidates for
county offices will be named and dele
gates selected to the state convention.
All the offices vita one exception. to be
filled are now held by democrats and
there will be no contest in the conven-
ton. II. C. Langman and Charles
Nordhorst. members of the general as
sembly, will be renominated The DEM
ocrats of this county will oppose the
Kansas City platform. There is no
discussion whatever annng republicans
as to the candidates and their conven-
ton will not be held until late in the
fan, as is the usual CUSTOM
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
ROB HAWTHORNE PosToFFlcE.
Local Characters Supposed to be Guilty
of Crime.

Local Characters Supposed to be Guilty
of Crime.
Hawthorne, June 5.-The postoffice
at this place was robbed early Wednes-
day morning, the robbers gaining en-
trance by cutting thru the back door.
They secured between SO and 81 worth
of stamps and less than 81 in money
that had been left in the money drawer
1t - supposeGPthat the perpetrators
of the crime are local characters, for
they secured the tools to break into
the back door from a tool house in the
rear &c the building. No trace of the
thieves has been secured. The post
master, as soon as he knew of the af-
fair notified the postal authorities at
Washington and it is supposed that a
secret service man will be here within
a few Gays TO investigate the affair If
he is not in the reighborhood now.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
cHlTTENDEN TRANSFERRED.
Will Look After Flood Sufferers al
Lower Missouri,

Sioux City. June because of the
flood conditions of the lower Missouri
river, Captain Hiram M. Chittenden,
engineer in charge of the government
work on the Missouri, and at Yellow
stone park, has been ordered to the
scene OF danger. Captain Chittanden
will assume actual command of gov
eminent operations, looking toward
the cnecking of the flood. Captain
Chitta1.den has had many years of ex-
perience in river work, and his trans
fer to the scene of difficulty is looked
upon with satisfaction turnout the
flooded district. 1t means that the gov
ernmant is to take active measures in
endeavoring 10 bride the river
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
Iowa at WASHINGTON.

Washington, June 5.--Alice r. Nc.
Govern has been appointed postmaster
at Jackson Junction. Winnishiek coun.
ty. vice Miles McGovern. resigned.
The following rural free delivery let
ter carriers have been appointed:
Battle Creek-Harry O. Metcalf, car
rier, Albert Squires, substitute.
Observation-Disclosures G. BraZelton. car
rier, Rose r. Brazelton, substitute.
Observation-Disclosures B. Ericsson, car
rier. II M. Peterson. substitute.
Yale Clayton Miller, carrier f. D.
Miller, substitute.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
A TAMA HOLD UP.
Attempt to Rob Two Citizens Starts
Stampede.

SSdH'pcOS.
Special to Times Republican
Tama, June 5.-Messrs. j. f. Hegardt,
.Jr., the butcher, and j. Fred Coca, the
clothier. We're confronted by two hold
up men as they We're going home in
the darkness of a rainy night in June
after the street lamps had gone out.
They beat a hasty retreat which so
frightened William Goldberger, who
was going home on the opposite side
of the street. that he hid under a box
car. Marshal ]. w. Shively heard the
retreating feet and FASTENED to the
scene in time to chase one of the hold
up men down the street The latter
refused to halt and Shively's gun would
not go off, so the man escaped In the
darkness by lodging thru the lumber
yard. The Marshal now has a gun
which is warranted never to miss fire.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
Pocahontas Convention.

Pocahontas. June 5.-At the republi-
can county convention held in this city
yesterday f. c. Gilchrist was nominated
for representative. Other nominations
were: Treasurer, G. S. Robinson: sher-
if, w. l.. Mitchell; county superinten-
dent of schools u. S. Vance: coroner.
A. II. Thornton: surveyor, II. w. Bis
sell.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
MAY Sell the Rridaa.

Sioux City June 5.-Proceedings have
been commenced here asking for a
warrant to sell the Northwestern
bridge across the Missouri river at auc-
ton on July 10 in front OF the post
office at South Sioux City The pro-
ceedings have been commenced by Da-
kota county, Nebraska, against the
owners of the bridge to compel the pay
ment OF $4,000 taxes which the bridge
refuses to pay. The struc-
ture is valued at 100000.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05

evidence in all cases which they may
bring before you; and if cases are pre-
sented to you by the police with in
sufficient evidence, l should consider
it a great favor If you would give me
the name of the patrolman and the
tactS in the case.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
strayed With the eypsies.

Special to Times Republican.
Cedar Falls, June 5.-The police have
been notified to keep on the lookout for
a runaway boy named George Robin
son who left his home at Fort Madison.
Marshal Enlow thought he had located
the lad In the railroad yards here but
he proved to be a boy from Waterloo.
The boy strayed away with band of
travelling gypsies.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
For Permanent Walks,
al to Times Republican.

Special 10 Times RepubIlcan.
Tama, June 5.-The city council has
passed permanent sidewalk ordinance
which will become operative after it's
publication next week. Hereafter it
is the intention to have none but per-
manent walks put down on streets
which are to grade.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
cREsToN WILL CELEBRATE
July ! Will be Madea Big Day at That
Town.

erosion. June 5.-Creston will cele-
brates the Fourth of July this year
For several years they have had no
celebration, but have been going to
other towns, principally Alton. ~ en-
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-05
PUMPING Station Burned.

Special to Times Republican.
Tama, June 5.-The pumping station
of the c.. NJ. & ST. P, a small wooden
building located near the depot, was
burned at an early hour this morning.
The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1903-03-26
HERINGER'S CASE
Why a Salt Lake Man
is Happy.
Kickapoo Indian Sagwa Rescued Him
from a Dread Disease.
rFrorn The sat Lake otv Ne,rs.l

[Fror1 the Salt Lake City Ne,csl
There is no doubt whatever that
kidney trouble breaks down the health
Of more people every year than any
other disease of a similar nature. Weak
and unhealthy kidneys are responsible
formany complication andi II permitted
to continue much suffering and fatal
results are sure to follow.
Kidney trouble i~rritates the nerves
and makes you dizzy, restless, sleepless
and irritable. Kidney trouble makes
you pass water often during the day
and get up frequently during the night.
Kidney trouble leads to rheumatism,
gravel, catarrh Of the bladder, makes
your head ache and causes indigestion
and serious stomach and liver trouble.
In one way and one way only can
you avoid this train of evil which has
wrecked many a life, and that is by
taking Kickapoo Indian Sagwa at the
beginning. Sagwa will certainly cure
you. 1t has cured thousands.
Henry Heringer, 146 w Second South
ST., is the happiest man in Salt Lake
City because he has got rid of a bad
case of Kidney trouble. Mr.. Heringer
says, 81 have suffered for years with
stomach and kidney trouble. Lately
my kidneys especially have been giving
me much anxiety and pain. | was all
run down and had no appetite at all.
| a hardly able to work and suffered
severe pains in the back. But now,
after using Kickapoo Indian Sagwa for
n few weeks, l feel like a new mar
and consider myself cured
Take a lesson by Mr.. Heringer's
experience. Do not delay, but begin
the use of Kickapoo Indian Sagwa at
once. 1t has cured thousands and will
cure you if you give it a chance. Re-
member your money will be checrfully
refunded If you are not satisfied.
The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1903-03-26
UNDER TWO FLAGS

echo Of the voices and the cloud of the
draperies and the fragrance of per
fumed lnces and the brillianey of the
staff officers uniforms had passed
away and left the soldiers alone in
their chambree. Those careless, cold
words from a woman's lips had cut him
deeper than the lash could have cut
him, though it had bruised his lolns
and lashed his breast. They showed all
he had lost.
"What q fool I am stillr he thought
az he made his way out of the bar
rack room. II might have fairly for
gotten by this time that l ever had
the rights of a gentleman. / wonder
If l shall teach the Black Hawk
that he may strike his beak in once
too far?" he pondered with a sudden
darker, graver touch of musing. and in
voluntarily he stretched his arm out
and looked at the wrist supple as Da-
mascus steel and at the muscles that
were traced beneath the skin as he
thrust his sleeve up.
He shook the thought or as he would
have shaken a snake. 1t had a terri