davidaulloa/AmericanStories huggingface dataset:
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
P.J.HARR|NCTONS SUIT
HAS BEEN OPENED

Phil ]. Harrington's suit against the
Butte x Boston Mining company and
Alexander Leggat, as administrator OF the
estate Of the late John A. Leggat is now
on in full blast in Judge Harncy's depart
ment of the district court. The jury was
selected before court adjourned yesterday
afternoon and is as follows: James Hol-
land John d. Sullivan. William Byrne. ].
NJ. Wilton, John Rich, Joseph Para
Charles l.. Miller. Lawrence kerwin, NJ
V. Conroy, William Rcece, Charles H.
Nickel and John l.anyon.
Opening Statement.
This morning Attorney James ]. lleay
of counsel for Harrington made the open
ing statement to the jury, setting forth
the facts III the case from the standpoint
of the plaintiff, and as already set forth
in the Inter Mountain. He said the testi-
mony would disclose the fact that Har-
rington had cashed the $500 check in
good faith for John Meart. who got it
from John A. Leggat, and that Harrington
had no knowledge as to the check being
received in any but legal transaction.
c. M. parr for the defense in his open
ing statement said it was the settled Gus
tom. established by the Montana supreme
court that in such cases the plaintiff must
establish his prima facie case; then the
defendant must show that the transfer of
the check was made in gambling trans
action; and then il dcvolved upon the
plaintiff to show to the contrary and that
the paper was received and cashed in
good faith.
Had Offered to Compromise.
1t would be shown that Leggat was TN
der the influence of liquor at the time he
got into two games where he is said TO
have lost the check Attorney Parr also
stated that Harrington at one time had Of
fered to compromise for 5000.
Anthony Shovln, the first witness, testi-
fed to being in Harrington's saloon when
John Meart came in to get two checks
cashed. Harrington was sent for and
opened the safe and gave Mcart some
money on the check. Witness was pres
ent later when Harrington paid Mcart the
balance OH the check. Mcart. witness said,
had since been killed by falling down a
shaft at Basin.
The signature Of General Leggat to the
answer in the suit was introduced in evil
dence to be compared by the jury with the
signature OH the back Of the check said 10
have been indorscd over TO Mcart, and
the two were submitted to the members Of
the jury for inspection. Phil Harrington
was then put on the stand for the pur-
pose of showing that Tim Holland, one Of
his witnesses, was not in the state. SO
far as Harrington knew, Holland was in
Salt Lake City, sick. At this point the
noon recess was taken.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
DR.. WHITF0RD is ELECTED
Succeeds Late John Capce as Presi-
dent of Pioneers.

SPECIAL TO THE INTER MOUNTAIN.
Helena, Dec I8.-At a meeting of the
executive committee of the society of Mon
tana Pioneers here today, Dr. O. B. Whit
ford of Butte was elected president to sue
ceed the late John Caplicc. The com
mittee drafted a memorial expressing its
sense of loss in the death of Mr. Caplice.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
SNOW is COMING TONIGHT

The day opened clear and somewhat
colder than for several days past, the mini
mum temperature for the day being 20.
The mercury rose to a7 during the fore
noon and for some hours was about sta
tionary.
More snow is coming, according to the
prediction of the weather bureau, the fore
cast issued today being "Snow tonight,
with colder weather in the east and south
portions, probably followed by fair weather
Saturday"
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
JOHN C. RAND is CONVICTED
William Evans and Son Are Now on Trial
in Virginia City.
SPECIAL TO THE INTER MOUNTAIN.

SPECIAL TO THE INTER MOUNTAIN.
Virginia City, Dec. I8.-John c. Rand
was convicted in the district court last
night of grand larceny in stealing the COM
pany safe from the depot Of the Northern
Pacific at Alder several months ago and
rihing it. The court will pass sentence
later. Rand did not get much of value
from the safe. He was captured near
Henry's lake.
Today William Evans and his son Noah
are being tried for dynamiting fish in the
Madison valley.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
BRAY TO BE DINED TONIGHT

Col. A. F. Bray, recently elected to COM
mand the Montana regiment, National
Guard, will be one of the principal guests
at a smoker to be given tonight by the
members of Company b at their armory,
40 East Park. 1t is expected that he will
make speech. This will be the colonePs
first appearance before body OF militia
men since his election.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
DAVE ZEARFOSS is TO
PLAY. WITH ST. LOUIS

Great Falls, Dec. I8--In a private let
ter received here today came the news that
Dave Zearfoss, the famous catcher so well
known in Montana, has signed in New
York for next season to play with the St.
Louis National league. Zearfoss was the
star catcher for Great Falls in the old
Montana league of Iooo plade with
Tacoma in 1901, with Butte in 1909 and
with Salt Lake in 1903.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
Trying to Get a Jury.
ny ASSOCIATED PRESS.

Georgetown, Colo. Dec. IS.-Examina-
tion OF yenircmcn called in the Idaho
Springs dynamiing case Of July ~ was re-
sumcd in the district court today. So far
the effort to find jurors acceptable to both
sides has been unsuccessful.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
WARRANTS ARE OUT
FOR GAMBLERS
OF BUTTE

While the lexow committee of the city
council was ~ session yesterday warrants
were issued for The arrest oi the principal
gambling house operators III the city.
Whether this action was taken because
OF the fact that the municipal court Of
inquiry was in session could not be
learned. but IL is certain that the subject
Of gambling was one Of the principal
matters considered by the committee, and
that the warrants were issued during the
day.
The slot machine men were also the
object OF attention AT the hands OF the
committee and during the day warrants
were issued for The arrest OF a number OF
these. This morning five OF the principal
slot machine operators OF the ely came
into court and paid fines agRrcpalinR $40,
of SIS for each machine IN operation.
Gamblers Afterwards.
Chief Of Police Mulholand stated this
morning that the slot machine men would
DC the first to be brought 10 terms. and
that after these eases had been disposed
Of the gambling house operators would be
taken under consideration. II is thought
probable that none of the gambling house
men will be arrested today.
Al the inquiry yesterday ii was ascer-
tanned that gambling was in progress in
five places in The city, namely: The Cali
fornia, thc NJ. x NJ. King - Lowry's the
Combination and the Board of Trade.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
British Steamer Sunk.
ny ASSOCIATED pppes

BY N5SULlNTED PRESS,
San Francisco, Dec. IS.--The mer-
chants exchange has received cabcgram
stating that the British steamer Manucnse,
heretofore reported ashore at Mororan OH
the Japanese coast, has sunk.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
Rev. George L. Baker Dead.

Philadelphia, So, Dec. Is.-Rev George J..
Baker, pastor Of the First Presbyterian church
and president of the board OF directors of
Princeton Theological seminary, died suddenly
last night, aged % years.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
Steamer Assyria Safe.

Philadelphia, Pa, Dec, IS-The Hamburg.
American line ship Assyra, which grounded in
the Delaware river Monday, was iloated unin.
jured and proceeded to Hamburg
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18
TRANSPORT ON ROCKS
nY AssOCIATED pRESS.

Manila, Dec. I8.-lhc United States
transport Mckinney is ashore AT Murcic-
lagos, North Mndanao, with a rock
through her bottom.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-18

A small British steamer, the Kingsley,
sailed from Manila on October 20 for the
Philippine provinces. She may have been
chartered as a transport by the authorities
At Manila. Otherwise there is 40 record
Of the Kinslcy.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
HENRY GEORGE RATIFICATION.
Lawson Purdy Calls GrOut ~ q witness
Against BOurke Cochran.

Democrats packed Cooper Union audi
forum to it's limit last night in fusion
meeting that was held under the call Of the
Henry George Democratic Committee OF 100.
Justice Samuel Seabury, Cyrus l.. Sulz-
berger. Henry George, Lawson Purdy and
William A. Coakley made speeches which
kept the audience busy cheering from the
opening Of the exercises until their close.
Mr.. Purdy devoted his time to c;regori-
cal replies to some of Bourke Cockran's
wild statements, made in his Carnegie Hall
speech, about tax assessments, increased
insurance rates and SO forth. Mr.. Purdy
said
When Mr., Cochran sp eaks on a Democratic
platform he Is megni!tcent when he speaks on
a Tammany platform he is pitful. Some
one has imposed upon his ignorance OF city
affairs and given him the most absurd and
mtruthful statements concerning assess
ments. OF the reasons for the increase OF
insurance rates and for the decline IN the
value Of city bonds,
Mr.. Purdy went on TO show that lin direct
contradiction of Mr.. Cockran's assertions)
the increase of assessment is greater in
Fifth avenue property than in tenement
property. He said
Mr.. Grout examined the assessment Of over
two thousand tenements and found that the
increase in assessed value was A per cent.
whereas the average increase for thc borough
OF Manhattan is 81 - per cent.
SECTION Ill NlhHIdltdl I'H DtlmetH vi
street and Fourteenth street and the North
and Fast Rivers. The average increase for
this section was 40 per cent. while the in
crease in the Fifth avenue secton, which
lies east OF Sixth avenue and IRON Fortleth
to Ninety-siX th street, was ~ per cent
Some one has been telling MIR. Cochran
great story about fire insurance rates. He
snys that they have increased because the Fire
Department is inefficient How the lnsur
ance men in the audience must have laughed
Prior to 1899 insurance rates In this city were
competitive and without any scientific
basis whatever. Then the Fine Insurance
Exchange was formed and the universal
schedule adopted. That schedule has been in
force ever since. The increase has been
generally very great Insurance on high
class dwelling houses has nearly doubled.
and on business buildings II is sometimes
ten times as much. This so called universal
schedule, however, is in use not only in this
city, bat all over the United States. and IL
has no more relation 10 the Fire Department
Of this city than to the Fire Department Of
San Francisco
Henry George was greeted with much
enthusiasm. He made strong speech,
specifying the particular trusts which the
Tammany leaders represent Murphy and
Phnkitt, the Contractors Trust; McCarren,
the Sugar Trust and the Standard Oil,
Tim sullivan, the Gamblers Trust and the
Bell Telephone Company.
Mr. Sulzberger came in at the close OF Mr..
Georges speech and got an ovation, he
made short speech, in which he quoted
and rdiCuled recent utterances OF McCiel-
Ian, Devery, Golfer. Grout, Fornes and
liDpkTDu
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27

relatives come into court to defeat the
| will of their benefartor and 10 take what
| they know the law never intended themto
| have.
| The Judge seems to think that he should
! be attorney for me and my family. TO take
this money and distribute it, trust he
will permit me 10 take care of my own
| family. | prefer to retain the memory
! of the confidence of my friend rather
than to substitute one who hated the
principles which he and | represented.
at NAV have been a mistake for the
| testator to provide for the individual who
represented the principles for which he
contended, but he had ri ght to dispose
of his profits as he pleased. Connecticut
law cannot take this right from him. L
have not seen anything | could in honor do
but carry out the wishes of my friend
Mr. Bryan read a number OF extracts
from letters of Mr.. Bennett, extolling him
and his principles and concluded:
you will not have to require a bond OF
me to keep my promise not to accept one
dollar of this money for myself and my
family without the consent of Mrs. Ben
nett but ! would be unworthy OF the trust
imposed in me if | were not willing to brave
these innuendoes, nay anything, to dis
tribute that trust as he desired it to be
distributed"
The arguments were in progress at mid
night. The Judge will take the papers
and reserve his decision.
BENEFITS OTHER REQUESTS
The private requests in the will of Philo
S. Bennett were made public to-day. Mrs.
Hattie L. Foster Of IS West l5Oth street,
New York, receives $40 600 in trust with
Alfred =. Sloan, Mr.. Benefits partner.
Provision is made for his former two land
ladies', Mrs Sykes OF New Haven, who
gets 81 600, and Mrs. Robert G.. Hunter
OF So West l3Oth street, New York, who
receives 5000
Another section of the will provides for
500 900 to go to De Witt Conger Of Water
vile, N T., in trust for Della A. Bigelow,
sister OF Mr.. Bennett. There is also 3R 500
in trust for Mr.. Benefits half brother,
George A. Gable and 81 600 for Mrs. Blanche
Conger. wife OF De Witt Conger. A nephew,
Herbert Mason OF Danbury receives IS, 900
in trust, and brother OF Mrs, Bennett re-
ceives So 900 under similar conditions.
To several employees OF Bennett, Sloan
& Co. Mr.. Bennett leaves about $4,000.
Besides the disputed $4,000 to MIR. Bryan,
he and his wife, Jointly, receive $50 900 for
their use and 81 500 for the establishment.of
free public library in Salem. III. The
resduary egatees are Mrs, Bennett. Mr..
Cable and Mr.. Benefits sister, Della A.
B,3elow
Mrs. Foster to whom the $40 900 is left,
s the widow Of the late Samuel Foster.
She boar ded at the same place with Bennett
in New York city, at IS West l30th street.
Mrs. Foster was superintendent OF Sunday
school and lectured on Christian Endeavor
activity. Mr.. Bennett, who admired her
ideas as he did those Of Bryan, is said to
have helped to widen her scope OF influence.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
DALTON PUNCHES GROUT'S HEAD.
Lieutenant Of Murphy Follows BOurke
COckran's Headless Lead.


William Dalton, who was Commissioner
OF Water Supply under Van Wyck, sent
TO Mayor Low yesterday a letter saying
that the property and plant of the New
York and Westchester Water Company
which the city bought last January for
1912 600, was worth only $3.50, 600 and could
be easily duplicated for that amount.
When he wrote this letter Mr. Dalton
il is evident, did not know that the pur-
chase was made by the city on the recon
mendaton Of Comptroller Grout. That
the Comptroller advised the purchase Is
shown by this letter which Commissioner
Monroe sent to the Board Of Estimate last
January
j. ". Stevenson, Esq,. secretary Board OF
Esh%T'qte and ApPoo1,,,"nm,trrf oomm,ric..
ton VI the Comptroller, dated Jan, y, 1903
with reference 70 acquiring mat pert OF the
property, franchises and business OF the Ne"
York and WeStchester Water Company lyin 4
within the limits Of the city Of New YORK.
have also read the reports Of John sparrow
the supervising accountant Of the Department
Of Finance, attached to this communication.
1 desire to concur 10 the recommendation
mad by the Comptroller aud 10 say that tn"
consideration therein stated Of 38l2 1855 ~
subject TO qualification by subsequent charges
for interest Oh taxes to date Of actual trans
Ter and a rebate to The city for collections
made from consumers by the company for
the current quarter IL. ~ my opinion Just
and proper price fpT thls property I.
The conditions IN this lOcnlity have already
been brought to your attention, and desirc
70 urge post strongly that Rr9mpM, asmon DE
Commissioner Of Water supply, Gas and
Electricity
COZ Monroe, IN making public this letter
yesterday said The comptroller recon-
Inendaton and the report Of Mr. sparrow
are on file in the office Of the Board of Est J.
mate, coDcurred IN the lomptroller' =
reoomnle ndation as 10 ths nd visibility u
purchasing the property because the city
obtained AN excellent bargain
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
THE CLUB SHY OF ORATORS.
UNDER WEARY CROkERS POR-
TRAIT 1T TNDORSES CIRCUIT

(AlsO McClellan) -Ex.MayOr Van Wyck
There-Scannell and Marks Sit Side
by Side-R. ID. Roosevelt Says There
Never Was Cadet System in New York
Mcclellan, Grout and Fornes had been
hidden to reception and ratification at
the Democratic Club last night, but none
Of them got there. Nevertheless, the Club
Endorsed the ticket. Another disappoint-
ment was the vanishing OF orators who
we're expected to speak. but who went
out while William McAdoo was talking.
John d. Crimmins was one Of these.
When MIR. McAdoo brought his hour long
speech to a close the stairways were chokel
with people trying to get into tho base
ment for their coats. President John Fox
called for that distinguished Democrat
Mr.. Crimmins. There was a long wait.
Outposts reported that Mr. Crimmins had
been seen Just a moment before at the foot
of he stairs Finally. Mr.. Fox announced
that Mr. Crimmins had become indisposed
during Mr.. McACoo's speech and had gone
home. The man on the door said that Mr.
Crimmins looked all right when he went out
Then whisper went around for Ran
dolph Guggenheimer, who was also on the
card, but he, too, had stepped out. call
for volunteers brought Charles w. Dayton.
The resolutions of Endorsement we're
offered by Edward J. ODwyer and were
passed without comment. They said that
I the campaign of Democracys foes was
one of Wholesale fraud, SANDER and Will
fication. The painting of Mr.. Croker,
with the tired but appealing eyes and the
wrinkled forehead, was right above the
secretary as he read the screed.
The green tiger had been groomed for
the occasion, John +. Carroll was there
with ex-Mayor Van Wyck, John W. Keller.
Judge W. w. Foster, William Pitt Mitchell
and John T. Oakley. John j Scannell had
his sofa place and Marks, of twin indict-
nent note, shared it with him.
Ex-Gov. james +. Campbell of Ohio
was the first speaker, He thought that if
New York city went Republican it would
be a sad and discouraging message to
Democracy elsewhere. Tammany at its
worst, he said, was Sunday school COM
pared with Republican rule in Cincinnati.
Robert b. Roosevelt, uncle Of the Presi-
dent, was found in the audience and called
for a speech. He said a feeling of resent
ment filed the people of New York at the
character of the campaign made, against
the Democratic candidates. Fusion had
lied 70 make good its charge of 1901 that
Tammany was stealing slO,00O0OO from the
budget "No such thing as a cadet system
existed in this city or could exist. said he
There may have been such men here as
in other cities, but aystem-never.' He
said it had not been demonstrated that a
Red Light system had existed.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
MCCLELLAN OVER THE BRIDGE.
Tries to Hold the Mayor Responsible for
the Rush Hour Crush.

Col George B. Mcclellan, Edward M.
Grout and Charles " Fornes carried their
campaign into the Ninth Assembly dis
trict Of Brooklyn last night and spoke
before a large audience at Visitation Hall.
fremont and Van Brunt streets.
Col. Mcclellan said that Mayor Low
had failed to improve the facilities at the
Brooklyn Bridge terminals. as he had prom
ised to do. He read lot Of long quota
tions from newspaper editorials and ser
mons to prove that the Bridge crush was
a great moral wrong to Brooklyn.
Several absurd plans have come from
the Mayors Bridge Commissioner, said
the Colonel "Mr Low has promised and
promised and promised and nothing has
been done, Now he ia beginning to have
little dirt thrown up near the Bridge
entrance. but it is too late
MIR Grout said that there are great
many laws which Democratic govern
ment could enforce 30 that they wouldn't
be burdensome to the city, especially the
excise law.
"Mavor Low enforced the excise law all
right when he was Mayor of Brooklyn"
continued Mr.. circuit, land it was largely
upon the promise Of similar enforcement
that he was elected two years ago. But
now he has come under the influence Of
Odell aud Gen. Greene Of the Asphalt Trust,
and enforces it in burdensome way. He
says we will ask Albany for local option,
but we can't get that in one administration.
Mr. Fornes told how all the good deeds
of fusion had been done by Democrats.
Senator McCarren spoke, and said that
| the Brooklyn Democracy was reunited.
Mcclellan. circuit, Fornes and McCarren
| then went 10 McCaddens Memorial Hall
in the Fifth Assembly district, Williams
burg and took turns at stirring the en-
thusiasm of large crowd. The Demo-
| cratic candidate repeated what he. had
| said elsewhere about the heavy expendi-
lures of the Low administration and also
about bridge terminals.
When he quit Senator McCarren re-
sponded to loud calls for "A speech. He
said the recent trouble among Brook
lyn Democrats over the endorsement OF
the full ticket had resulted in closing up
the Democratic ranks Az they had not been
closed up in the last fifteen years.
He also paid his respects to MIR. Jerome,
declaring that when the press extolled
man OF Jeromes makeup they were doing
that which would return TO plague them in
after years.
McCarren described Jerome as "a man
who peached on his pals and gave out
confidential letters.
Mr.. Grout described Devery as the Citi-
zens' Union candidate for Mayor. supported
nv CitiZpus' [ MON nj Ell and money
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
HOPES OF NEW DEMOCRACY.
To Make Tammany . Minority Faction
Circular on COrpOr atiOns.

In campaign argument put out yes
terday by the Democratic fusion cam
paign committee this statement appears:
The most important issue in this campaign
Ia that of resistance to encroachments Of the
great corporations holding public franchises.
These franchises are rapidly being concen-
trated into trusts. whose owners supply the
great political corruption funds and are the
worst present menace to the com munity.
They are the main contributors TO Tammany
Hall, and they have been enriched in the past
by a combination between Tamnany, certain
Brooklyn Democrats led by Senator McCarren.
and the country Republican machine; al
though some Tammany members OF the Leg
sature have sometimes broken away and
voted against their schemes.
Edward B. Whitney, who was an Assistant
Attorney General under Cleveland's ad-
minstration. is one Of the Democratic fusion
lists. He said last night that defeat for
Tammany this year would mean that Tam
many would become a minority in New
York Democracy and the county head
quarters could be moved away from Four
teenth street and all connection broken
between the party name and that OF a
faction which the whole country connects
in mind with the Tweed exposure OF 1871
the treacherous bolt Of 1870, the scandals
Of 1894 and the red lights of 1901"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
TORE DOWN FUSION BANNER
Young ROMiiies Failed 10 Get one Anti
Tamniany Legend or.

A fusion banner strung across l2jth street
between Len0X and seventh avenues w
torn down last night by a crowd OF boys VII"
were passing in a Wagonhung with Met Iellar
sigma The banner originally bore the in
scription: Down with Tammany- and
Low is the Best Mayor New York Evet
Had"
When the boys got through pulling, only
the upper part of the banner was lef m
tact But the words Down with Tam
many" sil hontrd
The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-27
SULZBERGER NAILS CHEAP LIE.
Never Had Anything to DO with the Beef
Trust--Dry Goods His nuGiness.

Cyrus L. Sulzberger. the fusion candidate
for Borough President had four East Side
meetings on his itinerary last night, at which
he took care to deny that he Is ment r
of the packing firm which came in for part
of the wrath raised on the East Side last yea
when the price of beef went up. Ahearn' =
cart tail orators had been denouncing him
as high in the Beef Trust He explained
that he was dry goods merchant and had
risen TO the head of his firm from beginning
az bookkeeper