davidaulloa/AmericanStories huggingface dataset:
Dziennik Chicagoski. [volume] (Chicago [Ill.]) 1890-1971, 1903-02-09

tni miesiac ME jest zaplacone, a
wnukom adwokata slnierc glodo-
wa zaczela juz zagladac w oczy.
z urzedu zdrowia.
127 wypadk6w smierci skut-
klein zapalenia pluc zameldowano
W zeszlym tygodniu W tutejszym
urzedzie zdrowia, a og6iem umar-
10 900 os6b. Rata smiertelnoSci w
mieScie Chicago jest ME zbyt
wielka w stosunku do raty Smier-
telnoSci W innych wielkich mia
tach, lecz powietrze tutejsze
sprzyja widocznie chorobom plu-
cnym, zwlaszcza jezeli wezmie
sic ma uwage, re oprocz ma zapa-
lenie pluc, marfo w zeszaym ty-
godniu 2S osob ma zapalenie ka-
nalow oddechowych, 7 ma grype,
3 ma koklusz i 81 ma suchoty. 10
osob umarlo w zesziym tygodniu
wiecej, niz w tygodniu zaprze-
szlym. Starc6w w wieku ponad
90 lat szesciu wiecej, niz w tygo-
dniu zaprzeszlym. Samobojstwa
dopuscilo sic 9 os6b, wypadkow
zbrodni lub nieszczesliwych wy
padkow bylo 18, wiec II mniej,
niz w tygodniu zaprzesziym.
Ostroznie gazolina.
w mieszkaniu w domu pm. I67
Clyburn ave. IS letnia Frieda
Heinbrock byla zajeta prasowa-
MEM, a jej 10 letni brat Bernhard
bawii sic zapalkami. Jedna z Mich,
zapalona, padia ma bahle gazo-
lima, i spowodowala eksplo-
Eye, slsutkiem ktorej chlopiec po-
parzyl sobie twarz rece. Wy
straszona dziewczyna pospieszyla
bratu ma ratunek i potkneia sic
przyten o bahke. Zapaliiy sic ma
niej suknie, a ogieh ugaszono,gdy
biedne dziewcze bylo juz mocno
poparzone. Odwieziono oboje do
szpitala, tam Frieda ulegla cier-
pieniom. Lekarze ME byli w sta
ME ocalic jej zycia.
Kosci6s kwestya socyalna.
Do Chicago przyjechal Wiel.
ks. Anton Heiter Bufallo, ktory
w roznych dzielnicach miasta wy
glosi 7 NOW ma temat % stosun-
ku katolickiego Kosciola do socy-
alizmu." Mowy te zostana wyglo-
szone: We wtorelS, 10 lrttego, w
hall sw. Marcina, ma rogu 50 ul.
Princeton ave. = w srode, II
lutego, w hall sw. Pawia, Hoyne
ave. i 22 pl. = w czwartek, II
lutego, w hall sw. Alfonso, r6g
Southport i Wellington ave. -
w piatek, 13 lutego, W hall sw.
The Pacific commercial advertiser., 1903-11-20
AFTERNOON DISPATCHES
FROM ASSOCIATED PRESS

MUSCAT Arabia, Nov 1o-Lord Curzon today.
WASHINGTON Nov. Io.-The bill making the Cuban rec
the House of
by vote of 355 to2I.
WASHINGTON Nov Io-Presdent Roosevelt has refused
the Governor Colorado that Federal
to the mining districts control the labor situation
BOSTON, Nov I0Ihe National convention of the American
Federation of Labor today favorable
the the Panama canal and the taken by the
Government forward the work.
WASHINGTON Nov Io.-Assurances given the
Government today HayVaria treaty providing for
construction of the Panama canal will be ratified by Panama
December.
LONDON, Nov. 19-The King and Queen of Italy
panied by King Edward Queen Alexandra the
the Lord Mayor of London today The reception given the Italian
King and Queen when riding through the of the city
very cordial and gratifying.
WASHINGTON Nov. 1oCarre Nation the hatchet temper
reformer created sensation high official circles today by
her eatc actions She first the White House and demanded
the President On her being refused she became
violent and was finally forcefully elected.
Mrs Nation then the Capitol and attempted to take
the proceedings the She followed by crowd
and her violent haranges created such disturbance that she
finally arrested taken before Police Magistrate and fined Ex
for the the Cuban reciprocity Carrie Nation
the sensation of the day.
The Pacific commercial advertiser., 1903-11-20

courts remarks, leading up to the
conclusion already stated, are as fol.
lows:
If this were purely an ejectment bill,
it may be that this. court should dis
miss it of it's own motion, and perhaps
the Circuit Judge should have done so
as it is. But this cannot be consider
ed an ejectment bill. The plaintiff al
leges that she is in possession and on
the whole that must be regarded as
the fact. 1t seems to be practically
undisputed that she and her predeces-
sors in title and those claiming under
them were in exclusive possession from
1869 to September 6, 1902. Just what
the status was from the latter date to
the fourth of the following month,
when this suit was brought, is not
quite clear. 1t seems to be conceded
that the plaintiff was in possession
during portion at least of those in
tervening few weeks including the last
portion when the suit was brought. APP
parently the defendant claimed that he
entered on the sixth of September and
remained in possession, with the plain
tiff for at least part of the time un-
The Pacific commercial advertiser., 1903-11-20
PEPPERS.
The Sale Enormously Increased II
N.w York In Recent Years.

"New York uses now," said a produce
commission merchant, twenty times
as many peppers as it did twenty years
ago. The city's consumption of peppers
now amounts to thousands of barrels
annually. Then we get green peppers
now from a much wider range of ter
ritory than formerly, and we have them
practically the year around.
I'VE get peppers in winter from
Cuba, and we get few from Porto
Rico. We naturally think of the pepper
as homely sort Of a domestic garden
product, but those early peppers that
we get from Cuba come in small crates
as carefully packed as peaches would
be. and. they bring a high price. They
go principally to hotels and restaur-
ants.
I'VE get early peppers from Florida,
too, and later some from Virginia,
around Norfolk, and then, as the sea-
son advances. we begin to get peppers
from New Jersey which is really the
great source of our pepper supply.
There are sections of Jersey in which
produce farmers make a speciality Of
peppers, plant them by the acre and
raise great crops of them.
THE enormous increased local con-
sumption of peppers in recent years is
due in considerable measure to increas-
ed demand from packers. Peppers are
now more extensively used than ever
before in the preparation of condiments
and sauces and there are New York
packers of pickles and preserves who
would think nothing of buying peppers
in hundred barrel lots. But the great
increase in the demand comes in still
greater measure from the vastly in
creased foreign population of the city,
and from the Italians especially, who,
great consumers of all fruits and vege-
tables, take, with the rest of the green
things they buy, quantities of peppers,
eating more or less of the sweet pep
pers as they would fruit.
so the homely pepper, once familiar
to US in it's stuffed and picked form,
and known to US as a thing of regular
but of limited sale, has come to cut
quite figure as an item in the citv's
wholesale produce trade."-N. Y. Sun.
The Pacific commercial advertiser., 1903-11-20

has not been adjudicated in a court of
law. If this is proper case for euui
ty, then any one claiming by adverse
possession may have the question tried
and determined in a suit in equity,
however plain, complete and adequate
the remedy at law may be, and may
then also deprive the defendant of a
trial by Jury. 1t is clear that this is
not a proper case for equity. But has
not the question as to whether equity
should act in this case been waived by
the failure of counsel to raise it, and
should this court notice it of it's own
motion? AT the request of the court
counsel have filed supplementary briefs
on these points. The defendant, it is
true, suggested a want of jurisdiction
in his answer and in his notice of ap-
peal, but it does not appear that these
suggestions were based on this ground
and apparently they We're abandoned.
The syllabus already quoted makes
the reasoning on this part of the case
unnecessary to be reproduced here.
THE FACTS CONSIDERED.
Upon the merits of the case the
The Pacific commercial advertiser., 1903-11-20

til the suit was brought, though it
does not appear how far his claim was
based on fact. The Circuit Judge found
as fact that the plaintiff was in DOS
session up to the time of trial and such
finding is sustained by the evidence.
Under these circumstances we must
hold that equity was not wholly with
out jurisdiction and that the mere fact
that the title had not first been ad-
judicated at law cannot avail the de-
fendant at this stage.
AS to the merits of the case the
question is merely one of fact and the
findings of the Circuit Judge appear
to be sustained by the evidence. 1t
will serve no useful purpose to review
the evidence at length.
The Pacific commercial advertiser., 1903-11-20
MALE VS.. PUNAHOU

I Saturday afternoon at $3.50 p. m. the
Male Football team will meet the Pu-
nahous CAST years champions). This
no doubt will prove to be one of the
hardest games of the season. Both
teams are very even as to weight, Pu-
nahou having a slight advantage. 1t
will probably come down to a propo-
sition as to fast playing and team
work. Betting on this game is even
money.
ing forward to a hard struggle and is
consequently placing his men in the
best possible condition. The Males
are playing a much faster game than
last year.
Out at Punahou campus every night,
twenty-five men are working hard TO
gain a place on the team. If the looks
of the men can be taken for anything,
they certainly will be in great shape.
Captain Anderson can be depended up
on and will certainly place in a good
team. Walker and Fuller are again
in old time form and when these two
start there will be something doing
The III. A. c. and Artillery teams are
again at hard work and for their next
games will be in better condition.
A large crowd is looked for on Sat-
urday and extra preparations are being
made to accommodate them. The
band will be there and society will bn
out in force.
The Pacific commercial advertiser., 1903-11-20

It is not alone sufficient that those
who prescribe glasses should know
what kind to give.
.x.$.%
The skilled optician of the present
day, relies on no superficial or outward
examination.
.&4tH
He should be able to recognize the
presence Of obscure disease and direct
patient to reliable physician.
&4s&
We are frank in the treatment of
our patients, and never fit glasses un-
less needed.
sl%,&
If your trouble is only momentary
eye-tire, or your eyes are down because
your health is below par, we tell you
so, or should yours be one of the cases
requiring local or medical treatment,
you will be advised to your best in
terests.>
The Pacific commercial advertiser., 1903-11-20
OLD DAMAGE
SUIT IS Up
The St. Clements 5
Church People
Defendants.
| IOsumi's Plea to Murder
Indictment Next
Monday.
Two Civil Cases Go to the Jury.
Lodging House Question
| Under Advisement.

Before Judge Robinson yesterday,
the jury that tried the eiectment SUIT
of Kapiolani Estate, Ltd, VS.. ]. G..
Faria returned a verdict for the de-
fendant.
The jury on the suit for rent of Man
ueI D. Silveira VS.. L. Ahlo retired to
consider their verdict about p. m. and
were still out at the close of the court
day.
The jury returned early in the even
ing with a verdict for the plaintiff
for $4476.20.
CRIMINAL DIVISION.
Before Judge Gear, argument on the
Lucewiko lodging house case was con-
cluded, and the motion to ouash the
indictment taken under advisement.
Osumi, indicted for murder, was al
lowed further time to plead until Mon
day.
There was no criminal trial yester-
day.
BILLS OF COSTS.
Judge Robinson allowed plaintiff S
bill of costs at $3.50 in the suit of A.
G. Correa for attorneys fee against
Alfred Andrade de Mattos.
Judge De Bolt. on objection of J..
Lightfoot for plaintiff, reduced de-
fendant's bill of costs in Dong Chong
VS.. Honolulu Rapid Transit and Land
Co. from s40.S5 to $25.55. Judgment for
defendant on the verdict was then
signed. This was an action for dam
ages on account of mule fatally in
jured and wagon and harness dam
aged by moving electric car.
OLD DAMAGE SUIT.
The suit of G. F. Gouveia and wife
against A. M. Brown, former Marshal
of the Republic of Hawaii, and T. r.
Walker, T. May and ]. Osborne, trus-
tees of the Episcopal church est.
Clement's), was assigned by Judge De
Bolt, on account of his disqualification,
to Judge Robinson for trial. 1t is, an
action for $4,000 damages instituted
more than two years ago, for alleged
unlawful ejectment of plaintiffs and
their family from their dwelling house
at Wilder avenue and Makiki street.
PENDING SUITS.
Henry E. Highton, through T. NJ.
Harrison, withdrew as counsel for
plaintiff in the suit of Alfred A. de
Mattos VS.. Hawaii Mill Co., and Judge
De Bolt ordered the case continued for
the term. 1t is an action to recover
S1993.95 for sugar cane delivered to de-
fendant.
Judge De Bolt granted defendants s
motion for a new trial of the damage
suit of Frederick Nolte VS.. j. Alfred
Magoon, and F. Andrade for plaintiff
noted exceptions to the ruling.
T. NJ. Harrison has filed a bond in
$25 on his motion for new trial of
his suit against j. A. Magoon and 9TH
ers, with Henry r. Wood and George
F. Henshall as sureties.
In the equity suit of Kapiolani Es-
tate, Ltd, VS.. Mary H. Atcherley, Judge
De Bolt gave defendant fifteen days
more in which to answer.
The Pacific commercial advertiser., 1903-11-20

lle agents for the celebrated Jewel
and the Gurney Refrigerators.
The Pacific commercial advertiser., 1903-11-20
THE TURNING POINT.

In the body of the opinion, begin
ming as below quoted, the appellate
court shows that while the objection
of the defendant was we'll taken in
itself, it came too late when it was
presented to the court of appeal for
the first time:
This is a bill in equity to quiet title.
The plaintiff admits that the defendant
has the record or paper title, but con-
tends that she has acquired a title by
adverse possession. The entire con-
troversy, as shown by the pleadings,
the evidence, the opinion of the Cir
cult Judge and the arguments of coun-
sci, turns on the questio-, of adverse
possession. The plaintiffs right or title
The Pacific commercial advertiser., 1903-11-20
JUDGE HARDY'S
DECREE AFFIRMED

In a unanimous opinion, written by
Chief Justice Frear. the Supreme Court
affirms the decree of Circuit Judge Har-
dy of Kauai in the equity suit to quiet
title brought by Kuala against Kua-
pani, and remands the case to the
Circuit Judge.
Robertson & Wilder and NJ. F. Pros
ser for plaintiff; S. K. Kaeo and A. G..
Correa for defendant
The grounds of the decision are stat
ed in the following syllabus:
LAW LAID DOWN.
In an equity suit to quiet title, in
which the plaintiff relies on adverse
possession, an objection that the title
had not previously been determined at
law, comes too late when made for the
first time in this court and this court
should not of its own motion dismiss
the bill because of such alleged want
of equity.
The Pacific commercial advertiser., 1903-11-20
NOTICE.

WoMAN OR GIRL NEEDING
sr advice, is invited to communi-
Eeither in person or by letter, with
Ign Nora M. Underhill, matron OF
Salvation Army Woman's Indus
I Home, Young street, between Ar
an and McCully streets, mauka
i Honolulu.
The Pacific commercial advertiser., 1903-11-20
BOULTON DENIES THE DAMIEN STORY.

o interview Prof
wns beer
ndependn version th-trme t
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
SECOND DEGREE ASSAULT
AGAINST JAIlBREAKERS

One Of the fruits OF the recent jailbreak
at the county Jail was ripened in Judge
McClernan's court this morning, when
County Attorney Breen filed an informa-
ton charging the jailbreakers with assault
in the second degree on Jailer William
Dolan.
The defendants named in the informa-
ton consisted Of all the jailbreakers, even
including Frank Ortoif, who afterwards
was found dead in a Jail cell with a rope
around his neck, and whom coroners
jury said had committed suicide.
The names OF the men charged with the
felony of assault in the second degree are
Llewellyn Felkcr, John Rodgers, alias ].
X. Woods; Pat Rodgers, Charles Iennox,
Frank Ortoil and james Martin. The only
defendants in custody are John Rodgers
and Martin.
Rodgers was brought into court hand
cuffed to another prisoner TO be arraigncd
He was told to stand up, and was asked
his true name.
John Rodgers he replied.
The information is chiefly for his benefit
as Martin, who is awaiting the determine
ton of an appeal to the supreme court un-
der conviction Of murder in the first de-
gree, will not be tried.
Rodgers IS also charged win burglary,
and Attorney Mike Donlan his counsel,
desired the court to set that charge for
trial.
1--WE are anxious to have trial in this
case" said Mr.. Donlan.
The evidence in the assault case, con-
vction in which will send Rodgers to
state prison, is said to be better than that
in the burglary case, however, and County
Attorney Breen answered:
I'VE prefer to try the assault case first,
your honor"
Then the court told Mr.. Donlan he
would give Rodgers as speedy trial on
the burglary charge as possible, and would
set that case to Immediately follow the as
sault trial
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
COLOR LINE DRAWN
IN LONDON TOWN
~ ASSOCIATED rRi SIS

London sept 81 Iondon has begun
10 draw the color line.
Complaint has been made io the magis
traie al the Marlborough street police
court by a negro who said that he and
some friends had been refused refresh
mcnts by a public restaurant because Of
their color.
The applicant wished to know whether
he and his friends were to bc treated no
better than wild beasts. The magistrate
said
u sympathiac with you and think the
publican's refusal a very foolish aud TN
kind act, but ! cannot alter the law as it
staiH ="
The magistrate then entered into an
explanation the gist of which was that
while a publican was bound 10 supply
anyone with food as q traveller, there was
nothing in the Law TO compel anyone to
sell anything TO anybody.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
MARY B. IRWIN
TAKEN BY DEATH
DAUGHTER OF THE POSTMASTER
OF BUTTE DIES OF oEDEMA
OF THE LUNGS.
IS ILL BUT A SHORT TIME
Several Physicians Are d In, But
None Grant Any e TO
the Stuff,

Mary Bryan Irwin. atcr OF Mr. and
Mrs. George Irwin. this morning at
10 o'clock oi olcm, ic lungs.
She complained arday oi feeling
badly. but not ~ hc IN the evening
did pneumonia dc IN its most malg
nant form.
Several physicians were called and all
possible done TO relieve the sufferer. but
without avail and She passed away early
this morning with her father and mother
at her bedside
Mary Irwin. better known as Peggy"
a name by which She was lovingly called
by friends vas born in Deer Lodge, Mont,
u years ago and made this state her home
since then.
Several years ago she was married but
the marriage did not prove happy one,
and with the full approval oi her parents
She obtained a divorce.
Since then she had made her home with
her parents III North Idaho street.
The funeral viii take place from the
Episcopal church tomorrow ~ ; o'clock.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
ANNUAL MEETING
OF STATE CHURCH
CONGRE EGATlONALlST OF MONTANA
GATHER IN GREAT FALLS
IN FIRST CHURCH..
CONDITION IS IMPROVING
Denomination Grows Slowly But Surely
in This State-Routine Reports
and Today's Addresses.
SPECIAL TO THE INTER MOUNTAIN.


Great Falls Sept. o.--The goth annual
meeting of the State association OF Mon
tana Congregational churches was begun
last evening in the First churcn. Rev. w.
II. Watson of Red Lodge formally opening
the convention with prayer.
In addition to the pastors of the state,
Rev. ]. d. kingsbury, superintendent OF
the missions in Utah, New Mexico, Ar-
zona and Idaho, is in attendance.
breaches Annual Sermon.
Rev. j. A. Barnes OF Missoula preached
the annual sermon last evening. The cele-
bration of the Lords supper followed.
Rev. w. ID. Clark opened the services at
9: 80 o'clock this morning with brief de-
votional exercises. Routine reports of COM
mittees were then submitted. They show
that while the growth of the church is
slow in Montana it is steady and the inilu-
ences Of the congregation are far reaching.
The morning topic for discussion, is
New Series of Helpers Lessons Neededi"
was then taken up. Rev. Alice S. N.
Barnes then spoke Oh The Change in
Home Discipline and Its Effects"
Rev. NJ Peterson opened the afternoon
services with prayer. Rev. Joseph Nc
Carihy is now making an address on "The
Modern Conception of God"
On Edwards.
Rev. Chester Ferris is TO speak later in
the afternoon OH Jonathan Edwards and
Our Day"
At 6:3o o'clock this evening all friends
are invited to luncheon for an evening of
song, good cheer and for review Of the
year in Montana Congregationalism. II is
hoped that each church Of the association
will respond to the toast, What Are We
Doingi'
Following the luncheon at the parlors
short musical program will be rendered,
which will be taken part in by Miss Shorts,
Mr.. A. {. Coleman and a mixed quartet
composed Of Mrs. i. Wilcox, Miss Shorts,
Mr.. A. {. Coleman and Mr.. II. ]. Skinner.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
PUGILIST DROPS SENSELESS
Philadelphia PueiIist Is in Critical
Condition.
BY ASSOCIATED PRESS.

Philadelphia Sept. o.-Joseph Riley,
aged 20, local bantamweight pugilist, is
in critical condition at hospital from
boxing match last night with Griffith
Jones of New York, at the Southern Ath-
lctic club. Jones is under arrest.
After the bout Riley fell inscnsiblc in
his dressing room and has since remained
unconscious Special policemen have been
assigned to the case with instructions to
arrest all concerned in the bout.
Physicians have been unable to de-
tcrmine the exact nature Of the pugilist's
injuries.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
France to Send Warships.

Constantinople, Sept. o.--It is consid-
cred probable France will send warships
to Beirut, and her example is likely to be
followed by other powers.
Several of the diplomats here drew tht
serious attention of the porte OH Monday
to the situation at Beirut, demanding that
measures be taken to prevent further
outbreak and insisting on the recall of the
vail who was in office when the outbreak
occurred.
No further consular dispatches have re-
Gently been received from the vilaycts OF
European Turkey. 1t is believed here
that the rigorous repression exercised by
the Turks in the vlayet OF Monastir will
result in uniting all the Christians against
the authorities.
The porte intends to concentrate 10000
to 10000 troops at Adrianople.
1t is said 1000 insurgents have been
surround led at Kirk-Kilissch, 81 miles
from Adrianople, and official circles here
momentarily expect news of their SUR
render or annhiliation.
Notwithstanding the large number of
troops concentrated at Adrianople the
regiment of Haminieh cavalry, to which
the sultan presented colors September a,
will leave here this evening for Adri-
anople
1t is alleged that the dispatch of these
troops can only have one meaning,
namely, massacres in which the kurds arc
destined to play the same part as the
Circassians did before the Russo Turkish
war.
Soldiers Are Waiting.
Sixty battaions of Redifs on war foot
ing are waiting at the different mobiliza-
tion centcrs in Anatolia, ready to start
at a moments notice.
The only news from the interior today
is of the severe engagement with a strong
insurgent band which occupied position
near Lake Anitovo, in the valayet of Con-
stantinople. The fight lasted until night
fall.
The Bulgarans who were arrested here
on the eve of the anniversary of the sui
tans accension, have been released.
To Punish Offenders.
Rome, Sept "a communication from
Continued on Page Thrce.)
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-09
MINNESOTA PIONEER DEAD
Charles e. Flandrau Expires at His Home
in St. Paul.
BY ASSOCIATED pGrss.

ST. Paul, MINI, Sept. o.--Jndge Charles
l.. Flandrau, a prominent pioneer citizen
Of Minnesota and "A candidate on the
democratic ticket for governor in 1867,
died today after long illness, aged
IS years. When the Siouxs broke
out into fierce rebellion near New
Ulm in 1862, Judge Flandrau or
ganized company, marched imme-
diately to the scene and after fierce fight
lasting 40 hours saved New Ulm from de
yastation and its women and children from
death.