davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18

abe entitled cause and files this. his
petition 10 error, and states that the
errors set forth occurred and were per-
Hlitted by the district court who tried
the above entitled cause. and during
the trial OF said cause. and during the
proceedings had on the motion for a
new trial. filed on the 30th day OF June
1902. designated as the first motion fOr
a new trial. and during the proceedings
had on the hearing OF the motion for
a new trial filed on the 26th day OF
September. 1903. designated as the sec
ond motion Tor a new trial
The court erred in Overruling de-
tendants motion for a new trial, and
particularly defendants second and
last motion for a new trial, and the
court erred in refusing 10 issue a GER
tlhcate Of probable cause for appeal
and in hearing and deciding said mo-
ton for certificate of probable cause
i'm the absence of defendant, after de-
teudant's second motion for a new trial.
which rulings We're duly excepted 70
by the defendant
The court erred ON oct. 3. 1903. or
the hearing of the defendants second
and last motion for a new trial in re-
fusing to allow Royal 3. Young TO
testify IN support Of the motion for
new trial IL appearing from the at
hdavits Of Alma II. Rock Barnard J.
aud Peter MOrtcnsen and from
the records in said case that there had
been misconduct on the part of the
jury prejudicial to the rights OF the
and that the said Royal 3.
Young had refused TO make voluntary
to such misconduct on the
part of the jury, Notwithstanding the
fact that the defendant and his c0un
sci had exhausted every legitimate
means possible to secure such affidavit.
and that the said Royal r. Young was
also in possession Of information rela
tive TO the conduct of the jury in its
view Of the premises at Forest Dale.
where it is claimed that the crime of
which the defendant was convicted
was committed which Information the
said Royal r. Young refused so 1ivulge
% the defendant or his counsel or
otherwise. unless compelled to do so by
this court. which misconduct was
prejudicial to the rights OF the defend
ant; and that the court refused, not
such showing, 60 permit
the defendant to examine Royal 3.
Young in open court as to said mis-
conduct and did not provide any other
means whatsoever for the securing Of
said information so that il could be
presented to the court"
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18

two cases in detention. as against three
for the week before One case of diph-
iberia was reported. and a like num-
Der having been discharged. left one
case in Quarantine AT the close of this
report. There are three eases less Of
smallpox in quarantine than at the
close Of the preceding week. no new
ones having developed and three re-
covering, left i've cases in detention.
There were thirteen cases of typhoid
fever reported during the week and
OnC death from that disease
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
BLIGHT FREELY DISCUSSED
Sample Of Tree Disease Exhibited at
Horticultural Society Meeting.


Horticultural Society Meeting.
At the semi monthly meeting yester-
day of the salt Lake County Horticul-
tural society the limb OF a 5-year-old
Ben Davis apple tree was exhibited.
showing the effects of blight. The roots
of the tree had been in loose ground
for three years. 1t was recommended
that in such cases the tree should be
Gug up and burned.
il was stated that the library now
has magnificent work regarding nor
ticulture. Jackson on Fruit and
Vegetables" aid the American Horti-
cultural Society Manual No 1 and No
on 'POmolOgy.
The GanO apple was spoken Of by
J. p. Sorensen as Q nice and good apple
and shrifty tree. The matter OF farm
ers' institute was brOachId and advo-
Gated.
After discussing the pear blight and
the fruit exhibit. Mr.. BOXce said the
society should study the names oe
fruit, Mr., Jensen agreed, also Mr.
Nokes and others. The meeting then
adjourned until Saturday, Nov. p.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
M'INTYRE GETS BIG DAMAGES.
Jury Awards Him 81, 1922. 90 Against

Jury Awards Him 81, 1922. 90 Against
Ajax Mining Company.
A verdict for SI322.9S was yesterday
found for Samuel Mcintyre by the
jury which tried his damage suit
against the Ajax Mining company. The
jury brought in its verdict shortly be-
fore O'Clock in the criminal divis-
ion of the district court, Judge Charles
w. Morse presiding. Mr.. Mcintyre
sued for 5000 and was awarded the
full amount of his claim. besides 81
3l2-SS interest on the same. The case
has been on trial before Judge Morse
throughout most of the week.
1t was alleged i'm the complaint that
on Feb. /. 1895. Frank Salisbury sold
to the Ajax Mining company an un-
divided half interest in claim in the
Tiutic district for $1,000. Later $40
800 was paid on account. After that
he transferred the note against the
company TO H. NJ. Ryan and Mr.. Nc
Intyre. The latter finally secured
possession Of it. He said he was I'M
able to collect the balance due on ac-
count and brought suit to recover it.
with the result as stated above.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
BOARD OF HEALTH STATISTICS
Births Show an Increase, and Deaths
a Big Decrease.

There were four more births report
ed TO the board Of health last week
than for the preceding week. twenty
i've births having been reported, four
teen males and eleven females. The
deaths reported for the same period
numbered twelve. nine being males and
thee females. a total of six less than
the previous week Six bodies We're
brought here for interment and seven
were shipped away for burial al other
places
Ihere were no new cases of scarlet
fever reported during the week. and
one case having been discharged, left
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18

John Harrington. iiveryman Car
riages and light livery No street
hacks. Phone 273.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
DUFFY'S PURE MANI \

Is an absolutely pure. gentle and invig-
Grating stimulant and tonic. II builds up
the nerve tissues, tones up the heart,
gives power to the brain. strength and
elasticity to the muscles and richness 70
the blood. 1t brings into action all the
vital forces and enables one 10 get from
food all the nourishment il contains it
IS Invaluable for overworked men, deli
cate women and sickly children. 1t sus-
tains the system, is a promoter of good
health and longevity. makes the old
young and keeps the young strong.
DUffy's Pure Malt Whiskey cures ma
laria and all run down. weakened con-
ditiOns Of the body. brain and muscle:
coughs. colds. c2tarrh. consumption. grip.
bronchitis pneumonia. pleurisy and al
diseases Of the throat and lungs; indiges-
ton, dyspepsia and every form Of stom-
ach trouble; nervousness, and all low f.
vers. tt contains no fusel oil and Is the
Only whiskey recognized by the govern
ment as a medicine. This is a guarantee.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
Court Notes.

Judge Charles w. Morse adjourned
court yesterday until Nov 0. In the
interim he viii preside at Tooele,
Tooele county.
In the federal court there Will be
setting Of cases on Monday. Trials
viii begin in November.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
TT
BREAKS Up
col DS
BREAkS
INFLUENZA PREVAILS.
EARLY COLD WEATHER PRO.
NOTES COLDS AND COUGHS.
The Open Street Car and the Frigid
Breezes Firm Allies in the Assault
Upon Health.

The changeable weather has proved
a regular Cold breeder. While the
Board Of Health does not keep records
of cases Of Influenza, it is recognized
at the office Of the board that there are
more Colds now than for many a day
The prompt use of DR.. Humphreys
Seventy seven" breaks up Coughs,
Colds, Grip. Influenza, Catarrh, Pains
and Soreness in the head and chest,
HOarseness and Sore Throat.
"77'' is a small vial Of pleasant pellets
that fits the vest pocket, ever handy
and ready prepared to take.
At Druggists, % cents, OF. mailed
Humphreys Med. Co, Cor. William
and John Streets. New York.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-10-18
serfous VOL 81 Blight.

"A copy Of the new horticultural law
with the rules and regulations Of the
board. win be sent to all on application
to the secretary, J. II. Parry. 413 Desc
ret News annex, Salt Lake City
Bismarck daily tribune., 1903-12-29
HOW TO TREAT CATTLE SCAB
DR.. Treacy Reports the Disease Prevailing
To Considerable Extent and Tells the
Best Method of Treatment.

The live stock industry in the west
ern part of the state is receiving a
severe setback because of the pre-
valence of scab among cattle. Large
cattle owners and men who control
large ranges and would like to stock
them with cattle at the present low
prices, dare not do so because of the
presence of the disease, and as a con-
sequence none of the cattlemen are
adding to their holdings, at time
when cattle could be bought at an
extremely low price, and when the
profit to the state and the stockmen
would be large Further, and more
important than this, there is danger
that the portion of the cattle country
west of the Missouri river may be
quarantined to the great disadvan-
tage of all cattlemen on the ranges.
The presence of scab has been noted
for some time, in isloated cases, IN
cattle shipped in as stockers from
other states. Carelessness in dealing
with these. and allowing the cattle to
roam al large over the ranges has re-
suited in the spread of the disease,
until many herds are afflicted ana
nothing but prompt and general ac-
ton toward dipping will arrest the
progress Of the trouble.
DR. r II. Treacy, state veterinarian
for this district. reports many cases
of scab noted in his travels through
the district He says the disease has
caused more deaths among cattle III
the past year or so than blackleg, and
in one instance he says he ran across
band of seventy or eighty head ol
cattle last spring, all dead OF scap
The disease is similar TO mango IN
dogs the parasite in all animals
haine of the same kind but the
narasite of one animal will not live
on another They are extremely
tenacious of life and local applications
and what are known as cold dips
nroye of little avail Infected cattle
become restless. and the itching sen
sation causes them 70 struggle furi
ouslv in their efforts to relieve them
solves As the disease progresses. th'
skin becomes thicker the animal
hacome listless. and stupid, and a
Bismarck daily tribune., 1903-12-29

length lie down and die. Unless
measures are taken to relieve them,
Dr. Treacy predicts large cattle loss
in the western part Of the state dur
ing the present winter.
General dipping of the cattle with
an antiseptic solution, in which sui
pnur is the chief component element,
is the only means of eradicating the
disease. Smearing with sulphur and
paraffine oil affords temporary relief,
sometimes for weeks or months. The
disadvantage of combating the dis
ease at the present times lies in the
fact that dipping the cattle in cold
weather is likely to result in many
deaths from pneumonia. A dipping
tank that will dip three to four hun
dred head of cattle day costs about
5000 1t is necessary to have steam to
heat the water in the tank, as the hot
dip Is the only sure method of killing
the parasites Two dippings are
necessary, the second at the end of the
period of incubation of the parasitic
egg.
Some of the cattlemen in the west
ern part of the state have erected
immense dipping tanks, so constructed
that the animal is driven up chute
and then dropped through trap into
the liquid BY dipping their cattle
and guarding the ranges against stray
cattle many of the cattlemen hope to
Keep the disease out of their herds.
The state will take some action to-
ward the enforcement of quarantine
methods. The best method of hand
ling the matter is now being consid
cred by the state authorities
Stockmen would do well to write tt
the Department of Agriculture
Washington, for Bulletin No 40 of thu
Bureau of Animal Industry, issued IL
1902 and entitled Prescription AM
Treatment of Scabies in Cattle" Thi
bulletin contains an extended descrlp
ton of the disease, with the hes
methods of treatment and the sim
plest method of constructing dippin
tanks. as set forth by DR.. Treacy Q
this district. This bulletin will Civ
stockmen a better idea Of the troubl
and enable them more successfully
i combat It.
Bismarck daily tribune., 1903-12-29
WILL CLOSE THE LEGATION
representatives of Colombia at Washington
are Closing the Legation and Prepar=
ing to Leave.

washington, Dec. 29.-Although Sec.
ke.ary Hav has not yet replied to the
kote Of General Reyes preparations are
snidlv going on for the closing of the
kolomblln legation here and the de-
kartnre Of Colombia's representatives
or home. 1t is clear that they do not
ntertan any hope Of a satisfactory
tesponse by this government. AL
keady most OF the legation files have
\een packed and arrangements com
kleted for placing them in storage
kere. For several days General Reyes
LAS denied himself to callers.
1t is believed that, while the reply
n Mr.. Hay has not been made. suffi-
kent information has been obtained
" the Colombian representatives in
he interviews they have had with the
kecretary to enable them to forecast
Is conclusions. The preparations go.
bg on for dosing up the affairs OF the
egaton would seem to indicate that
eeneral Reyes and DIR. Herran are
Awaiting only as matter Of form and
diplomatic courtesy the official com.
huncaton OF Mr.. Hay setting forth
be reasons why this government can
lot accept their view Of the Panama
bituation before severing diplomatic
elations with the United States.
Bismarck daily tribune., 1903-12-29
AMID GREAT EXCITEMENT.
|1otton Prices at New York Touch
New High Record.

New York, Dec. 29.-New high rec
srd prices were made amid the great
PSI excitement at the very opening OF
the Cotton Exchange. First prices
were at an advance of 23 to 81 points.
Before the call was fairly completed
MarCh had sold at 14.0l, May at l4.2o
ard July at 1414. The advance fol-
lowed the surprising strength at Liver
{pool. where prices were II to 70 points
*higher at the time of the local open
Zig instead Of shade lower as eX-
pected with private cables ascrlolhg
gains to heavy buying for Continental
Egyptian and American accounts. The
early market was active and excited.
Ihere was tremendous buying TOT
Doth accounts. with New Orleans sup
porting Just enough to add to the ap
prehension of shorts, who were ap
parently in panic stricken condition
But realizing, too, was very heavy ana
{after the call prices sh cNed a declln
6lng tendency, sagging off several
*ponts from the best during the firs'
hfteon or twenty minutes. although
the market continued very feverisf
and unsettled, with most of the selling
oy parties having profits to take.
After fluctuating very irresularly fol
time, about 10 to Is points under the
BEST prices of the morning. the mar
ket turned :ery strong again in th'
early afternoon, reaching still hlghe
prices on all the active months. Ih'
excitement was intense. There wa
liquidation on every fresh upwar'
movement and toward the close tn
market sagged of a few points, bu
was finally firm at an advance OF 4
" 81 points,
Bismarck daily tribune., 1903-12-29
New York Stocks.
CAPTAIN and Crew Reach Ponoe, p. r..
Completely Exhausted.

San Juan F. r.. Dec. 29.-The Brit
ish steamer LADY JciCey, Captain
Smith. bound from Chilean ports to
Savannah. Ca. Wilmington. n. c.. and
New York with a full cargo of nitrate
of soda. took fire and sunk seventy
five miles south of Porto Rico last
Wednesday.
The cargo of the Lady Joicey ex.
ploded and the vessel went down with
in two and a half hours. Captain
Smith. with his crew and one pas9en.
ger. arrived at Ponce in two small
boats, completely exhausted and al
most naked having made thei~ way
through terrible seas. There wee no
fatalities and the only serious injury
was suffered by one sailor who had
his leg broken.
Bismarck daily tribune., 1903-12-29
HAY MAY GO SOUTH.
eecretary's Bronchial Trouble DOES
Not Yield to Treatment.

Washington, Dec. 29-The condition
OF Secretary Hay remains unchanged.
contrary TO the expectation of his phy-
sician the secretary's bronchial trou-
Die has net yielded readily to treat
ment ard Mr.. Hay will probably leave
washington early in January Tor
lhomasville. Ca, for visit TO Colo
mel Oliver Payne. The mild climate
mere has helped the secretary before
dha 1t is hoped may again prove an
effective cure.
Unless decided and unexpected
chanse for the better in Mr. Hay
condition occurs within the next fe"
usys Mr. Looms will Off ciate at the
breakfast on New Years day to the
sSiPlomatic corps at the residence o.
a oeefetary and Mrs. Hay. Mr.. LOOMS
a'So viii be present at the president
reception in the same capacity.
Bismarck daily tribune., 1903-12-29
WIDELY KNOWN As A WRITER
Mrs. Alexander Sullivan Dies Of Paral
ysis al Chicago.

Chicago. Dec 29-Mrs Alexander
Sullivan. well known on both sides of
the Atlantic as an author ami editorial
writer, died during the day after one
weeks illness, following a stroke of
paralysis.
Mrs Sullivan. formerly Miss Mar
garet F. buchanan. was fiftysix years
old. She was born in Ireland. but her
family removed to Detroit, Mich.
when she was an infant. Mrs. Sulli-
van was educated in the Sacred Heart
convent and was also a graduate OF
the Detroit high school. She was a
proficient Greek Latin and French
scholar During Charles A. Dana's
lifetime she was frequent contributor
to the New York Sun and was an edi-
torial writer IN .he Chicago Times In
the days of Wilbur F. Storey. Up to
the time of her last illness Mrs. Sulli-
van was an editorial writer on the Chi
cago Chronicle. In 1896 she had a
stroke of paralysis from which she
recovered completely but she was
stricken again Sunday afternoon, Dec
20.
Bismarck daily tribune., 1903-12-29
CHOIR GOES OUT ON STRIKE
Objects to Being Criticised for Eating
Candy During Services.

Montreal. Dec 29.-M"lville church.
the leading Presbyterian place of wor-
shin in Westmount the fashionable
residence suburb of Montreal, was
without the services of choir sun
day. In his sermon on Christmas
morning Rev. T. w. Winfield. pastor
Of the church. severely criticised the
members of the choir for eating candy
during the progress OF the service,
AS a result of the criticism deputa
ton from the choir waited upon the
reverend gentleman on Saturday ana
reonested a retraction. This he re-
fused 10 make and as a result inc
choir, without an exception, went ou'
ON stlike.
Bismarck daily tribune., 1903-12-29
LIABILITY LAW CONSTRUED.
Amour. Fixed by Express Company
Not Binding.

Minneapolis, Dec. 29.-Judge rohu
bae rendered decision stating thaI
where goods intrusted 10 an eApie's
company are not valued in shlpmeh,
that the $50 liability limit established
hv the express companies is not bind
ing and the full value of the goods
NAV be recovered.
local firm sued the Welis.fafg.
comnanv for Sl,2l9 worth OF SIN
waists which were lost In a wreck
The company fell back upon IT'S -,
,;ohiIitv rule but is now ordered tt
nav the full amount or the loss
Bismarck daily tribune., 1903-12-29

sition to reduce the base of the wa g
scale from TO 31a cents, thereby cut
ting wages 10 per cent, has been ac-
cepted. The new rate VIII go INTO
effec, on Jan. and it is believed TINS
decision will result in the starting
next Monday Of a large number OF
union sheet steel plants that have
beer idle for long time owing TO the
inability OF the independent manufae-
turers to meet the competition of the
nonunion sheet mills of the American
Sheet Steel company.
Bismarck daily tribune., 1903-12-29

Grand Rapids. Mich, Dec. %
Nineteen persons We're kiliel N
thirty-eight injured in the collision Of
two Pere Marquette passenger trains
near East Paris. Mich.
The eXtinguishment OF the red sig
nal light at McCords Station by the
high wind was the cause of the wreck
Two minutes before the westbound
train dashed by McCords Station
whore she was due to stop for orders
the operator says that the light was
burning
When the train dashed by the oper
ator did the only thing in his power
telegraphed for medical aid and wre k
ing trains. as he knew that collision
was inevitable The binding blizzaro
prevented the engineers from see!ne
Bismarck daily tribune., 1903-12-29

league Island Monday for Coion with
the Panama marine brigade. number.
Ing about 60o men, in command of
Brigadicr General Elliott
Naval movements in the direction
OF the isthmus have been almost
equally active on the Pacific coast
The gunboat Petrol, bound for Pan,
ANA, arrived at Acapulco. Mex. on
the 10Th inst and undoubtedly has left
there by this time. The flagship New
York, the gunboat Bennington. the
torpedo boat destroyers Preble and
Paul Jones and the collier Saturn have
been fitted out at San Francisco fol-
service in the vicinity of Panama and
il is expected that all of them will
start South in a day or two.
Bismarck daily tribune., 1903-12-29
NINETEENPERSONS ARE KILLED
Wreck on the Pere Marquette Road Results
in Considerable Loss OF Life
senger Trains Collide

each other and the trains came to-
gether at full speed.
The engines were crushed by the
terrible imnact and the cars of both
trains were telescoped and turned
over and over
On both trains together there were
about 200 passengers and all who were
not killed suffered some injury.
Relief trains soon arrived and the
bodies taken from the wreckage. The
injured were rushed to the hospitals
at Grand Rapids, where several will
probably die.
Investigation by the coroner and
railroad ificials has brought out con
flicting testimony The engineer on
the westbound train saws that liee
was burning at the station, but that il
wasSnot the danger signal and he
thought that all was well.
Bismarck daily tribune., 1903-12-29
Submit to Wage Reduction.

Trenton. n. j.. Dec. 29.-The reduc.
ton of wages at the Trenton plant OF
the American Bridge company, which
was announced some time ago, went
into effect during the day The reduc-
tion is a graded one, running from
to 90 per cent. The | per cent reduc
tior is in the cases of men who receive
less than s. so day The men have
submitted to the reduction.
Bismarck daily tribune., 1903-12-29

Toxic. Dec 29-An important Joint
meeting of the cabine, and privy coun-
ell took place during the day to con
slider ways and means in view OF the
grave situation.
No difficulty is anticipated in provid-
mg for the extraordinary expenditure.
including the completion of the Seoul
Fusan railway.
1t is believed that unless Russia
modifies her reply Japan will imme-
diately safeguard Korea. though such
a step will not necessarily mean war
with Russia
Bismarck daily tribune., 1903-12-29
JAPS DISCUSS THE FUNDS
Cabinet and Privy Council, in Joint Meet
ing Consider the Question OF ways
and Means.

Gxeat Britain's forward movement at
this time eXcites both admiration and
rage. the former for the clever po-
litical move. the latter because Russia
is so preoccupied in the Far East that
she is unable to prevent Great Britain
from creating her own Manchuria in
the Yangtse province. 1t is pointed
out here that the present situation
affords Great Britain the same OppOr-
tunity as actual war between Russia
and any third power.