davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07

The following syllabus in another
important TAX case has been filed by
thesuprene court:
Richard Sykes, Respondent, VS.. w.
the supreme court:
/. The equity rule which prohibit
ed purchaser of the subject m tier
of an action lendente lite from furth-
er prosecuting the action in the name
of the original party has been abolish
ed in this state by Section 5234, Re-
vised Codes, which provides that mo
action shall abate g. the
transfer of any interest t'.erein. =
and that in case of such trans
| fer, the action shall
be continued in the name OF the ori-
gnal party, or the court may allow the
person TO whom the transfer is made
to be substituted in the action
2. The sole right to ask fo: sub
stitution under the section referred
to. rests with the purchaser He may
prosecute the action in the name of
the original party or ask to be sab
stituted at his option. The allowance
of substitution by the court when
requested is discretionary. In case
there is no substitution, the statute
requires that the action shall pe con
tinued in the name of the original
party"
3. A purchaser of the subject mat
ter of an action after judgment and
before appeal is purchaser pend
ente lite. Section 5739, Revised
Codes, provides that: ''An action is
until its final determination upon ap
peal, or until the time for appeal has
passed"
A. A motion to dismiss an appea
which is based upon the ground that
the appellant assigned the subject
matter of the action after judgment
and before the appeal was taken vii
5 be denied where is appears that the
appeal was in fact taken and is be
. ing prosecuted in this court by tn,
I assignee
q B. The fact that a statement o
case. settled for the purpose of re
view of the entire case in this cour
4 in an action tried under Section 5G3'
g Revised Codes, does not contain a
!. of the evidence offered will not suS
j. tain a motion to dismiss an appe;
% which has been regularly perfecte'
8 The sufficiency or insufIiciency Of tf
statement merely affects the pow'
- of this court to review the evidenc
= 6. 1t IS held, on motion to strif
out the statement of case on II
ground that good cause was n
:, shown as a basis for the order OF e
" tension of time for settlement, tn;
upon the showing made. the court d
/ not abuse its discretion in grantir
the extension.
u Z. The provisions of Chapter l.
of the Laws Of 1897, so far as the
e require an assessment of real estal
S to be made in the name OF the owne
r, ere directory, and failure to asses
r in the name of the owner does nc
d invali late the assessment. Followln
It HertZler VS.. Cass County, decided
the present term.
il 8. While Section $500, Revise
r Codes. which governs trials to tn
e court without a jury, requires that a
evidence offered shall be received II
O to record, it does not abolish or reliev
trial courts from resting their finding
upon legal evidence Under said sec
ton this court, upon review. is rt
ouired 'to disregard I'll incompeten
:. and irrelevant evidence properly oi
jected to-"
9. Oral evidence that certain fact
are shown by written record. tn
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07
THEN COMMITS SUICIDE.
Former EmpIoye Shoots Railroad Mas
ter Mechanic.

Louisville. July 7.-Pulaski Leeds,
master mechanic of the Louisville and
Nashville railroad, was shot and dan
gerously wounded in his office at the
Union station by former employe OF
the road. G. B. Werner. Werner then
shot himself through the mouth, in
fiicting a fatal wound. Werner pad re
GentlY been discharged.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07

Manila. July THE United States
transport Sumner, having on ooara
the Fourth Infantry, struck an uN-
charted reef and her forward hoid
filed rapidly, necessitating the yessei
being beached.
The Sumner was beacheo In seven
feet of water on the island of Luzon.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07
ON SUNKEN REEF

Several OF ner forward plates were
broken. Two of the interisland trans
ports were dispatched to continue the
distribution of the Fourth infantry 10
various stations in Luzon and TO bring
the Twenty infantry TO Manila.
where that regiment will embark on
the transport Logan and sail for san
Francisco.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07

Rome, July DIR. Mazzoni, IN an IN
teryiew this afternoon admitted he
had given up all hopes OF saving the
Pope's life Test puncture OF the
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07

by company Of militia. After the
first shot the engagement became gen
eral, lasting fifteen minutes. No sol
diers were killed although severa
were severely wounded
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07

persons were killed, from fourteen to
twenty severely injured while score
of others were slightly hurt The
battle occurred at 1890, when a thou
sand men attacked the Jail guarded
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07
CANNOT SAVE THE POPE'S LIFE

pleura was made at three this after
noon and considerable liquid taken
off The Pope underwent the opera
ton with courage. His condition is
now better. He is resting easily.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-07-07
BLOODY BATTLE
AT EVANSVILLE
Break Into Jail and Number OF the Rioters
are Killed==Several Soldiers Wounded

Evansville, Ind, July 7.-Following
four days of rioting and general law
lessness Evansville las. night saw a
battle between troop of soldiers and
a mob of armed men in which seven
New-York tribune., 1903-01-15
PREPARING NEW DRUG CODE.
DR.. Lederle Finds Great Adulteration in So.
called Phenacetine Powders.

President Lederle. of the Board of Health, an
nounced yesterday the result of his investigation
concerning the aduteration of drugs In this city
Joseph A Deghnee the chemist of the Health
Bureau has analyzed 373 samples of phenacetine
gathered by various inspectors in Manhattan and
Brooklyn. OF this lot 315 powders were found to
be impure
In his report to President Lederie Mr. Deghnee
says:
OF the 373 powders supposed to be phenacetne
given TO to analyze, find that SIS of them are
pure; 267 of them mixtures of phenacetine and
acetanilid. of phenacetine and sugar, phenace-
tine and starch 32 pure acetaniiid acetanilid and
cane sugar phenacetine and milk sugar, ace
tanild and starch. antipyrin. and / Quinine sui
pbate.
The evil effects of acetanid. especially in guam
titles such given in substitution for the
usual dose OF phenacetine. well known all
physicians" said DR.. Lederle. in speaking of this
report "Acetan1lid is heart depresser and a
menace TO health. IL not to life especially in
Of persons whose heart action is abnormal. Phena-
cetine is household remedy for headaches, and
IL is al outrage that the public has been imposed
on by unscrupulous druggists.
The prices paid by the inspectors for three
ien-grain powders of phenscetine varied between
Is and 30 cents, making fair average of 20 cents
II pure phenacetine is sold at this price, ounce
costing 81 is sold for 81 a0 profit of over ao per
New-York tribune., 1903-01-15
Monte of 5nmmuns,


CTPREMF COURT, COUNTY OF NEW
- york-AIbert r. Shattuck, Francis B. Hoffman and
T,,o,1 n Herman under the last will and
testament of William p. Shattuck deceased Plaintiffs
s0sfnst Charles D. and Ethel A Levin MS wife,
PscbeT Arelrod Joseph Levi Trustee Jean C. TowIeT
walter T Sheppard Charles Powell. Mamie Duer. Maurice
Beumreld Martin A. Daz. Edward Martin, John j.
pickett Henry Havanor. Thomas Euie, Henry kruck
Tbomas M Cahrey Henry F. Clarke, John r. Eakins.
Msry Bates the MARY being fictitious. said
dafen6ants real being unknown TO the plain
tSs rsid defendant tenant OF portion OF the
nrernises described the complaint herein; Mary D.
tsrt and Katharine NJ Golden, Defendants. Second
Amended Summons-To each of the above named defend
ants. You are hereby summoned to answer the 2nd
serded complaint this action. and to
vour answer plaintiffs attorney within twenty
dsy, after the this exclusive of
day Of and in Of your failure TO appear
ar .wer Judgment will taken against by default
for the relief demanded IN the complaint amended com
piaint and End amended complaint
Dated 14th, 1902
JoFN -GUYTON BOSTON Plaintiffs Attorney, Office
ana Post once Address 146 Broadway. Borough Of
Manhattan New York city
upon Won by publication pursuant TO order of Hon
Freedman Justice Of the Supreme Court OF the
State Of New York dated the ninth day or January
1888 and MED with The 2Id amended complaint plain in the
once Of Clerk of the County of New York at the
County Court House in the Borough OF Manhatan & City
JOHN GUYToN BOSTON. Attorney for Plaintiffs Once
and p. - Address 14s Broadway. Borough of Man
haitian. Hev York City.
New-York tribune., 1903-01-15
CorerlnsutL gales.
NEW YORK SUPREME COURT, COUNT,

of New York.-Joseph J.. o 'Donohue. Jr. and Thomas
j. ODonohue. Plaintiffs. against Franklin Ben as Suh
stirued Trustee created the first codcll
of the Last VIII and Testament of Stasey Pltcher qe
others Defendants. In pursuance of Judg
ment Of Foreclosure and Sale duly made and entered IN
the aboveentitled bearing date the 22nd day OF
December. 1902, the undersigned the Referee IN sara
judgment named will sell Public Auction at the New
York Real Estate Exchange Saesroon No III broadway
the Borough Manhattan City Of New York on the
8rd day Of February 1903 at y o'clock noon on mat d
by said judgment be sold and therein described as fo
lows All those several certain lots pieces or parcels or
land with the buildings and improvements thereon situate
IN the Fifth Ward Of the City of New York known as
Numbers 213 Duane and 100 West Street, and
which, together bounded and described as fo
lows wit: Beginning the northeasteriy corner OF
along the eastery line Of feet and
line of the party wall erected
hereby conveyed. and partly on the
lot adjoining and northery thereof and known as
wall parallel nearly So with Duane
nine inches or less. TO the
line OF another party wall standng parity on e
and partly the premises next
Number 2l5 Duane street ana
also hereby thence northwardly parallel
nearly So and along. through and be
on premises Number 2l5 Duane street and
partly on the premises adjoining the rear thereof and
Number 191 West Street twenty feet nVe
eastwardly parallel nearly So with DuaIle
Street thirty-nine four inches to Caroline street.
thence souery along Street fortyfour feet nine
inches Street and thence westerly along duane
ming be the said and dimensions more
or less. ,oo,
GUSTAVUS T. KIRBY. Referee
" p SR K PRENTICE Attorneys Plaintiffs. So
Broadway (sanhattan), New York, N Y
diagram of the property 70 De eoIo
described above the street numbers oelns 12 a
Duane St and 100 West ST. IN the noroush vi "io'"
Yf1yo NJ NeW
New-York tribune., 1903-01-15
BUCKLIN WARM IN COLD CORRlDoh
Secret Inquiry Witnesses Identify Him as
What He Knows Not.

District Attorney Jeromes secret investigation 10
get evidence against Richard A Ganheld ana o'iei
alleged proprietors of gambling houses went on yes
terday in the library of his Office and most OF the
time II was in progress David w. Buckhn' oal-
fields manager was pacing restlessly in the cor
ridor outside the room Bucklin was accompanied
by his counsel. Forbes J. Hennessy, ana theF r.
sernbled each other in two respects Both "ole
long overcoats with astrakhan fur collars ana po'
angry.
Euctl,D had a subpoena calling him before the IN
autstion and keeping him waiting in corridor'
without chair to sit on. for two long hours' was
not the only indgnity he suffered. Two or three
other men he knew by sight but whose names were
kept from the reporters. were ushered INTO the
library ahead of him. After one of the men was
questioned awhile. Bucklin called to the door
of the room and the in the witness chair was
asked:
rs that Bucklin?
Yes" was the reply.
Then Bucklin was allowed to resume his Walk III
the corridor Presently another witness was called
out into the corridor by one of Mr. Jeromes as
sistants who pointed at Canfelds manager with
the question:
rs that the man?''
Yes that is Bucklin,' was the answer
Then the witness was taken back into the room
The corridor cold, but Bucklin seemed to grow
uncomfortabiy warm He and Mr.. Hennessy talkeo
together with flushed faces. Just before 4 p m
MI Hennessy saw Assistant District Attorney
that Bucklin had answered the subpoena and had
been kept waiting two hours and would leave at
O'Clock Then Mr.. Sandford called Bucklin into
the library When Bucklin emerged a few min
utes later he said no questions of Importance had
been asked him. but ne merely had been on ex-
hibtion before some witnesses he did not Know
He rushed away with Mr.. Hennessy.
After Bucklin departed George A kessler was
called as a witness Justice Leventritt had de-
cIined to issue a writ of prohibition. deciding that
Mr. Kesser must appear witness MI kesS-
Ter said after he had been before the inquisitors
that he was asked if he knew 1.ichard A Canfeio'
and he replied that he did He was asked II he mao
met Mr. Garfield In the house No East Forty
fourth-st and he replied that he never was IN that
house. Then he was asked II he had played rou-
lette there. and he replied that since he never was
there he could not have played roulette there. He
mad a similar reply to a question II he ever had
played faro in the house: few more such quess
lions which seemed to him to be absurd in view OF
the fact that he had no knowledge OF the mousse
were asked him. he said Then he was allowed
New-York tribune., 1903-01-15
NEW YORK DAILY TRIBUNE THURSDA> JANUARY 15 19

cent Such q profit does not. however, appear 10
be sufficient Acetanilid. costing about "a cents an
ounce is substituted and sold at the same price
as pure phenacetine
President Lederle is revising and adding 10 the
.ar,tarv code narticuarlv that part that rela tes
,o the purity of drugs and food stuffs Last night
he and an assistant worked until midnight on the
code He hopes to have it In shape to be voted on
soon The work was begun over a month ago.
The amended code will be practically the same as
the State laws. President Lederle says tnal as
the code staids ii is full OF cohtrauicuoii9
and superhuous sections.
Phenacetine which is proprietary arug. y E,o io'
at nre.ent mentioned in the United States Phar-
macopeia,'' although recognized in the pharma-
copias of several other nations President Leoep e
10 said last night that il would doubtless be m
corporated in the pharmacopGit now In prepara-
tion because of its increasing use here.
New-York tribune., 1903-01-15
BOOKS FOR HOLIDAYS.
HNl1n9W BmGnE SALE,
IoyERING.S BOOK STORE.

s23 BROADWAY. NEAR 12TH-ST
Everybody in New-York and for nttE
miles around knows Lowering His store Is
the headquarters for book lovers and book
buyers. Special prices for books suitaDI7
for Christmas and New-1enrs presents. .
All kinds of books to suit all tastes and Ell
pocketb books Historical books biogrspnicaI
religious. scientific. books Of travel DOCKS
OF fiction books for children. poetry, etc.
etc. Anything you want, and positively at
the lowest possible prices in the United
States. Encyclopedias on sale for song
Appleton's Chambers's, Britannica anu
Peoples Books and libraries purchased.
lowering s23 BROADWAY. n. Y
New-York tribune., 1903-01-15
Duane Street

Duane Street
approximate amount of the lien or charge to satsy
which above-described property is TO De SOLO IS
s64 interest thereon from the IND Gay OF De
with costs and allowances AMOUNT
ing n Ss 90 with from December 22nd 1902 to
gether with the expenses of the sale Inc apptoAiihaIe
other liens, which are
purchaser out OF the purchase money
or paid by the Referee is 81 800 and interest
t'"''1' 49, GUSTAVUS =. KIRBY. Referee
New-York tribune., 1903-01-15
DR.. WORKMAN INJURED.

It said yesterday that the Rev Dr. Denis
Workman, of East Orange who over by
a cab at the corner of Church and Barclay sts-,
this city, on Monday afternoon. severely in
jured, but would recover
New-York tribune., 1903-01-15
FIFTY YEARS AN USHER.

reception and dinner for the clergy and officers
of Plymouth Church, Brooklyn, was given last
night by ex-senator Stephen NJ. Griswold in cele-
bration of his fftieth anniversary usher in
the church. Elijah R Kennedy presented to Mr..
Griswold a silver loving cup. The cup is fourteen
inches high.
New-York tribune., 1903-01-15
IExOW BUYS A NEWSPAPER.

Nyack. N Y, Jan. H-"The Nyack Evening
star" the only Democratic daily paper in Rock
land County has been sold To ex-senator Lexow
and some Republican friends. who will make 1t
Republican or independent paper The purchase
price was made public.
New-York tribune., 1903-01-15

ADVERTISEMENT and subscriptions for
The Tribune received at their Uptown Of
fee, No. /, 364 Broadway, between 36th and
37th sts.., until o'clock p. m. Advertise
snents received at the following branch Of
fees at regular office rates until s o'clock
D. M, viz: 254 Sth-ave., s e. cor. 23d-st.;
I53 6th-ave. cor. 12th-st.: 90 East I4th-st
257 West 42d-st.. between 7th and sth aves.
265 West 125th-st.; 1888 3d-ave.. between
10Th and 77th SITS; 1. O26 2d-ave.. near c1st-
St; / TOs 1st-ave., near S9th-st.; 157 East
125th-st.: 756 Tremont-ave.: $50 3d-ave..
near 41st-st 554 3d-ave. 2i0 Bleecker-st.; /;
S25 Bleecher-st. Brooklyn, N Y.-216
Court-st; 215 Smith-st.: 1.O04 Gates-ave.
Newark n. J.-7a4 Broad-st. Also at all
A D. T. of1ces
New-York tribune., 1903-01-15
PAwNBRoNERs SALES.

l.. l.. F1RUsKI. Auctioneer. 20 Bowery.
Jan. 15-By Mayer Co. jeweIry.
jan 16-By :. Mayer. Jersey CitV. y
Mayer. Hoboken. jeweiry. etc. pledged
prior Jan. o. 1902 all older dates.
Jan. i0-By NJ. Hammerschlag & Co.. i29 i29
Park Row; A. H. Samuels sons. 4I'
Grand-st.. Brooklyn. diamonds "atcnes' ,.is
jewelry. all pledges prior 20 Jan 9. 1902
Jan. 20-By NJ Simous & Son. ~ Hester,
SI pIcdgea aiIII%IoS rpom no lf i0i 74s to 04 40
Jan. 22-By VIM. Simpson. 81 Park Row
diamonds. watches. jewelry, al pledges
all goods received from previous sales
JOS. sHoNGooD < SONS. Auctioneers.
salesrooms No. % Bowery.
Jan. i8-Jeweiry. watches. diamonds,
etc J. aaron & Son a,,S5s is1 GFahaJ9t cIotb,nr
etc. II. & G Lang, l20 Avenue g
Jan. 2f-Jewelry. watches. diamonds.
etc. Ned Harlan. 400 Hudson-st, o.,
Jan. 21-CIothing. NJ Levy. 2.el" 81
ave.
ELI soBEL, Auct.. 9s Bowery, sells 10
a. M, all goods pledged to Jan. -. 1902
Jan. 15-Clothing women's goods and
Jewelry, J. Blaurock & Son. 324 Bowery.
Jan. 1G-Clotnrng.- dresses. shoes ETC.
Drever e Natal. 3,53 Sth-dve
Jan. 19-Clothing. dresses. shoes. etc Joe
Sobel. 1.TO4 3d-ave.
Jan. 2O-Jewelry. watches and diamonds
F. SobeI & Son. l. 426 2d-ave.
Jan. 21-Jewclry. watches, diamonds'
odds and ends, etc. Thos- Newman q son
BROOKLYN
ANDERSON & MINTZ. Auctioneers. "a
Bowerv, sells 10 a. m
Jan. 21-Jewelry. diamonds. pledged
prior Jan. 1st. 1902. by T. Mintz' 'oo
B'way. B'klgn
CENTRAL AUCTION co. NJ. sheehan.
Auctioneer. 152 and 154 Can5al-st. - s.,
Jan disd3g. iBy B. Gutter Etc CO. pledged de- f' to
Nov. Is, 1901 Nos. 32.991 TO 37.1a3' and
goods held over.
Jan 16-By L. Berger, 46O 6th-ave-, and
460 W. 42d-st., diamonds, tewelry' etc 70
Jan. t9~By H. McAleenan. 100 Fulton
st. BROOKLYN. diamonds. jewelry. etc Nos
Jan. 2O-By !. simpson & Co. DO Park
Row, diamonds jeWelry. etc, pledged to
No %. CSC. Sept. Is, 1901. and goods held
over.
Jan. 2O-By Fl. Freel. % New Chambers
St. clothing to Jan. 10. 1902.
Jan. 22-By E Berger, 400 6th-ave.. and
$50 w. 42d-st.. clothing TO jan 10. 1902.
- --------------
ADVERTISEMENT and subscriptions for
The Tribune received at their Uptown Of
nee No 1854 Broadway. between 36th and
37th sts., until 9 O'Clock p. m. ADVERTISE
ments received at the following branch Of
fees at regular office rates until O'Clock
.. m. viz: 254 sth-ave.. $. e. cor. 23d-st-;
l53 6th-ave., cor. 12th-st.: % East 14th-sG:
PSI West 42d-st.. between 9TH and Sth aves-:
263 West 125th-st.; 1888 3d-ave-. between
ST; l. 106 1st-ave., near S9th-st.: f51 East
125th-st.; 756 Tremont-ave-; $50 3d-ave-,
325 Bleecler-st- Brooklyn, n: Y.-216
CoCrt-st.: 215 Smith-st.: 1904 Gates-ave.
Newark. n. J.-794 Broad-st. Also at all
A. d. T Offices
New-York tribune., 1903-01-15

"Histoire Merveilieuse dun Pomme Api' oS
I.uc,an Percy published by Calmann-L Levy,
delightfully."- amusing story. y, %
New-York tribune., 1903-01-15
A FRENCH UPHOLsTERER.

GRAND CHOICT of Furniture. sofas.
Chairs Screens, Tables and Consolc
Styles Louis XIV. XIV XVI; terms reason
able DOGNIBENE 113 East 27th-st- Tel
ephone 1913 Madison 50.
New-York tribune., 1903-01-15
BLOOD POISON.

NO MORE SUFFERING from this terrible
disease Write for particulars or come
and see U.S. We will cure you. Godsend TO
humanity. ARBUSCINA MANUFACTUR--
ING co. All Temple Court Building.
Raekman-st.
New-York tribune., 1903-01-15
HELP WANTED

r ale
ATTENTION, NEN!-By doing an easy
work you can travel TO England for So; to
Germany S1O; alsc free transportation re
turn passage Apply ATLANTIC SHIP
PING OFFICE, rs 1st-st.. New-York-
EARN S1OO monthly corresponding FOR
newspapers; So per column for work in
spare time: experience unnecessary. We
will help you get started II you write
plainly and desire permanent profitable en-
pioyment, send for particulars Press Syn
dicate, Lockport, y. Y.
WANTED.-March 1st. young married man
on dairy farm; must be a rood butter
maker and understand handling and feeding
Jersey cattle and Thoroughbred hogs; state
experience and wages H c YOUNG.
Lincoln Neb-
WANTED.-Young man Csinglep. to work
on dairy farm: steady employment; must
be a good mixer and understand general
farm work; state wages H c YOUNG.
Lincoln, Neb.
WANTED.-Capabie newspaper and book
canvassers: one Of the most attractive
PROPOSITIONS ever presented IN New-York
Arply to WILLIAM II GUTELIUS. Trtb-
une Office
WANTED Men everywhere to sell tea
BRADBURY, pa Milk-st-, Boston