davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-05-24

S~~~~~
ence Of a nuisance, under Section 1905,
Revised Codes, only when the liquor
was found by an officer empowered to
search for the same under a warrant
isued in connection with the tenn
porary injunctional order.
Z. In an equitable action for the
abatement OF an alleged liquor nuis-
ance. the finding Of intoxicating liquor
in possession Of the defendant, is not,
under Section 1914, Revised Codes,
presumptive evidence that the same
was kept for sale contrary to law.
Appeal from district court, Nelson
county; Fisk, Judge.
Defendants had judgment, and the
state appeals. Affirmed.
. George d. Kelly, states attorney,
for appellant. .-s
M. A. Shirley, for respondents.
Damage Case Reversed.
In the case of Daniel Meehan VS..
the Great Northern Railway company,
appealed from the district court of
Grand Forks county, the lower court
is reversed, under the following
syllabus:
1. Under the facts of this case,
the mere happening Of the accident did
not furnish prima facie presumption
of negligence, but the burden was on
plaintiff to produce evidence tending
in some measure to prove the fact OF
negligence and, failing to do 30, should
have been non-suited. ..n., ...,.,
q. Where, in an action to recover
damages for personal injuries alleged
to have been caused by the negligence
of the defendant, 1t appears that there
were two or more possible causes OF
the injury, for one or more of which
the defendant was not responsible
the plaintiff, in order to recover, must
show by evidence that the injury was
wholly or partially the result Of a
cause for which the defendant Is
responsible. II the evidence leaves II
just as probable that the injury was
the result of one cause as Of the other
the plaintiff cannot recover.
8. The evidence disclosed that the
breaking Of the train In two (upor
which train plaintiff was working as q
brakeman may have been due to any
one Of three causes, for one of which
only defendant could be held response
BILE. The burden was on plaintiff t
show by competent evidence that thu
break was due to the particular caust
alleged and where, ct the close Of til,
evidence 1t was still q matter Of spectl
lation or conjecture as to how ttah,
parting was occasioned, the questoa
and the case were Improperly submit
tied to the jury. III ::s $.s
4. Opinion evid IL incompetent
upon facts before the jury Of which
] the jury are as capable Of judginl
and drawing correct conclusion z
the Witness. ~
5. Where the facts assumed In
Hypothetical question Of an expert ar
insufficient to found an intelligen
i opinion upon. Or, II upon the facts a
] stunned, the jury are as capable q
forming i correct opinion as the 81
lper#. It Il error to allow the Questio'
to be answered. 81
s. 1f 40 the duty of the Jury, unde
proper instructions, to determin
whether 81 not. upon any given stat
] Of fActs. negligence ought 70 DO infel
red. But It o the duty Of the cour'
Arst. 10 go whether, upon the fact
mpst fayosabls to TIE plaintih, nesi
ssncs caal Is inferred. he Jury CO
i not arhitrarily, and without evtdencl
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-05-24

Japanese garrison; set fire to the
houses and stores and retired In per
feet order.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-05-24
LAW in IMPORTANT CASES
Supreme Court Hands Down the Law In
Three Important and interesting Cases
4, Recently Argued.

me supreme court has handed
a low los opinion y the Barry case, the
sd le''l n N when tsI was rendered some
a taLl' ago. me question involved was
= rlgnt OF the defendant sl to oppose
5e15 canange OF venue non!n cavalier coun-
ty,#wnere ne had been twice tried for
tn me CRIME OF m llu 20 walsh county.
me cnange OF venue Nas n ordered BY
Judge Cowan on the mofion OF the
s 'upl' Inc supreme court decided
=t ll tne chance o. venue could be
1aaKeen' unuer me circumstances, and
N n the syllabus q its Is says:
The right q trial s ~ Jury which
is secured to aH Dy Section of the
state constitutaon, ancludes AZ 5of the
substantial elements % the Trial by
Jury as they were Known 20 70 md under
$1,000 Dy the trainers q the constltu-
tlon and the people who d, adopted H.
Inc sysoem q trial ~ jury in Grim
maj cases which existed e'I ~ this 1ur1s-
~
The San Francisco call., 1904-12-17
MAKE SEARCH FOR LEADERS
OF GANG OF SHOPLIFTERS
Have Been Operating for Months
Past In Department Stores In
This and Other Cities.

Every effort is being made by De-
tectives Ryan and Wolters to capture
a woman and two men who, they say,
were the leaders of the gang of shop
lifters that made headquarters at the
residence of Mr. and Mrs. J. Wag-
staff, 5I3 Larkin street. The trio had
been operating in this city and in
Oakland, Sacramento and San Jose
for a year. Mrs. Lizzie Pierce, wife
of "Sheeny Kid" the bunko steerer,
was an able assistant to the trio. She
trained Mrs. Bertha Campbell, alias
Allen, to steal and it is said used Mrs.
Wagstaff as a stall"
The police say there is nothing so
far TO incriminate Wagstaff and L. C.
Robertson, under arrest with the
three women, but they will be held
pending developments. About $1,000
worth of goods have been recovered
already. A quantity was recovered
from 401 Post street. where Mrs.
Pierce engaged a room after leaving
the Wagstaff residence a few days
prior to her arrest. Statesmen AMI
others from department stores in tnis
city and Oakland visited police head
quarters yesterday and identified Sto-
len articles. Mrs. CampbelPs hus-
band is a hardworking, honest man,
and he is surprised at the conduct of
his wife.
The San Francisco call., 1904-12-17
GRAND JURY's QUARTERS
TO BE OPEN EVERY DAY
Complaints Can Be Filed at ANY
Time at the Rooms in the
Mills Building.

The new Grand Jury will transact
most of its business in the rooms it
has rented on the fourth floor OF the
Mills building. These quarters were
engaged because almost all the men,
bers are in business in that vicinity
and the work of the inquisitorial body
will be facilitated by the proximity or
the meeting-room. Mrs. NJ V. Col
Inns, who has been appointed official
stenographer, will be in charge of the
rooms from morning till evening and
persons desiring TO present matters
to the Grand Jury can make their
statements to her. Furthermore. Sec
retary Bryan will be at the Offices daily
from 1870 to o'clock and Foreman
Andrews from 3 to o'clock every
day. They will not allow the AFFAIRS
of the jury to interfere with their pri-
vate affairs during the rest Of the day.
The jurors are already confronted
with a mountain of matters Of which
investigation is sought. Nothing will
be done in the police scandal until
The San Francisco call., 1904-12-17
TRADE Brisk
IN ALL LINES
Dun and Bradstreet, Weekly
Reviews Tell of Great
Activity in Holiday Goods
CHEERFUL TONE EXISTS
Figures Indicate That Rail
way Earnings for Year
VIII Show an Increase

NEW YORK, Dec 1s.-DUn's weekly
review Of trade tomorrow viii say:
Manufacturing activity is steadily in
creasing, testifying 20 the general con-
fdsnce in e heavy demand next year.
sn6 The leading branches Of business
report seasonabie conditions. Holiday
goods sell more freely than staples, but
a. classes OF merchandise are going
fntofl larger consumption, while it is the
exception when there is complaint re-
Earding mercantile collections The
proportion u Idle machinery is growing
smaller and the number Of unemployed
less, leW labor disputes OF significant
dimensions existing outside OF Fail
Eiver. Farm staples are returning large
profits to producers. and foreign trade
returns Tor November showed a very
small loss in exports, considering the
abnormal figures last year
Far from meeting with the setback
thai ma1y traders anticipated. the iron
and sseel Industry has gone steadily
forward. Packers hides are steady, nut
fn,ea kness has developed in country
hides ard bu.re-s OF native steers wait
Tor concessions Foreign dry hides are
Grmly held
Failures for the week numbered 276
a. The United States, against 3z9 last
year. and 3 in Canada, compared with
. g year ago
Bradstreets s tomorrow viii say: Crop
and Industrial conditions are mainly
favorable, and with seasonable activ-
fly in retail and holiday distribution in
I-Ost sections. the year is drawing 20
1ts close with decidedly cheerful tone
perVading most lines Of business The
srea III winter wheat viii not equal that
planted a year ago. and conditions on
December ] We're low but since the
Government report was issued the
Western drought has been fairly well
broken by rain and snow
Cola weather mas stimulated heavy
dry goods. clothing and footwear and
helped recorder business with jObbers
East. West and North. Exceptions TO
reports OF widespread activity in holi-
Day distribution come from the Pacific
Coast and from portions Of the South.
Industry as a whole is active. iron
and steel notably so, but the building
L iades feel the seasonabie quieting in
nuence.
Railway earnings for November show
gains in gross exceeding per cent, fol-
lowing an increase Of 4 per cent in 1903
and rendering certain the prospect that
the early small decrease shown in gross
receipts for the calendar year Will be
turned into an increase
Lumber is sessOnably quiet as are
ether building materials. but manu-
facturers report a good business in
prospect, the only drawback being car
shortage troubles.
Wheat Including four exports for
TIE week ending December 15 aggre-
gate 1444Seo bushels. against 1.769. .369
last week and 1865. .0S5 last year. From
July / TO date the exports aggregate
- .k7e bushels, against 50, ,Ses, ,s44 last
year.
The San Francisco call., 1904-12-17
FIVE THOUSAND
FOR MRS. HALL
Damages Awarded Mother
and Seven Children for
Loss OfHusband and Father
McCUE Is COMPENSATED
Fifteen Hundred Dollars Is
Given to Him for Severe
Injuries in a Collision

United States District Judge de Ha-
ven handed down decisions in the cases
Of Catherine Hall and her minor chill
dren against the North Pacific Coast
Railroad Company for damages
and in a suit against the same
party by James 5. McCue for
damages caused by a collision between
the steamers San Rafael and Sausalito
on November 50. 1901 McCue is award
ed $500 and costs in his action against
the Sausalito. Mrs. Hall and her seven
children receive $1,000 for the loss of
Alexander Hall. her husband, in the
same accident. In the suit against the
sunken vessel San Rafael Mrs. Hall
receives 1854.
The defendant denied that Hall was
passenger on the steamer San Ra-
fael. as his body was never found and
10 one who knew him saw him on
board He was a resident OF Sacra-
mento, and reached San Francisco in
time for him to have taken passage on
the San Rafael on her fatal trip. He
has never since been heard of. He had
left San Francisco with the avowed
purpose Of going to San Rafael to visit
his brother-in-iaw, and as the missing
man was a kind and loving father and
of steady habits the court holds that
these facts are sufficient TO justify the
conclusion that he was passenger on
the San Rafael and was drowned. On
this point Judge de Haven says:
There is nothing in the evidence to
suggest any other cause for his con-
tinued absence from his home and fam
lily"
The court takes the view also that
there was negligence on the part of
the employees Of the defendant on both
steamers. and says:
My conclusion is that the collision
was caused by the mutual fault of the
steamers in attempting TO cross courses
III a dense fog, when neither could see
the other in time to avoid a collision.
In the McCue case the court says:
The libelant was about y years of
age at the date of the collision, and the
injuries received by him were pain
full, one arm having been broken and
a portion of one ear cut Off The in
juries received are not such as seri-
ously to interfere with the libelant in
carrying on his business. The evil
dence also shows that the libelant lost
property on his person of the value of
S4eo or thereabouts.
The San Francisco call., 1904-12-17
WIFE BRUTALLY BEATEN
AND KICKED BY SPOUSE
Mrs. Hannah Green Lies i'm Critical
Condition at McNutt Hospital and
MAY Not Survive.

Mrs. Hannah Green is at the Nc
Mutt Hospital in a critical condition
and her husband, John Green, is IN
the City Prison waiting the result OF
her. injuries. Green has a grocery
and saloon at 349 Harriet street, and
the family lives in a fat over the
store.
1t is alleged that on Sunday morn
ing while Mrs. Green was in bed
Creeni went from the store TO her
bedroom. He had been drinking and
was in an ugly temper. He began to
abuse his wife and ended by attacking
her with his closed fists. He beat ard
kicked her SO brutally that one of her
ribs was broken and she was badly
bruised about the head, face and
body. Green, becoming alarmed at
her condition, had her sent to the
NfcNutt Hospital and on Thursday the
police were notified by Drs. McNutt
and Buckley that she was in a critical
cordition and might die. It was
thought that she had been internally
injured. Green was arrested by oo-
llceman w. H. Clay on Thursday af-
ternoon and will be held pending the
result of his wife's injuries.
The San Francisco call., 1904-12-17
SCOTS EMULSION.
SCOTS EMULSION

We don't put SCOTS Emul-
sion ii the class Of advertised
cure-alls; it doesn't belong
there. We hardly like to use
the word s.cure" at all, but we
are bound to say that it can be
used for great many troubles
with great satisfaction. Its
special function is to repair
the waste Of the body when
the ordinary food does not
nourish, a2d this means that
it is useful in many cases
which are indicated by vast
ing.
Wen sead you szmpie free
$500 : BOVINE. 4ss Pearl suest- Ne~ York
The San Francisco call., 1904-12-17
FREEAfASONS INSTALL
THEIR NEW OFFICIALS
The Ceremony Performed i'm Public
for Preside Igodge-Master
and Wife Remembered.


The new officers Of Presidio Lodge
30. 354 Of the Free and Accepted Masons
70 ere installed in public Thursday night
81 Franklin Hall in the presence of a
large number Of people The cere-
mcny Of inducting the officers into Of
fce was by Varney G. Gaskill, the re-
tlring master. assisted by Past Master
J. ". Anderson as master Of cere-
monies. Those TO preside over the
lc6ge during the current Masonic year
are
Frank George Watson. vorshipf8l master;
RCbert arthur Grier senior warden. Louis Ed
UCnd FOiyin. junior warden; Andrew Jackson
Niuing. treasurer: BENJAMIN L,oring Hessel-
tine. secretary. Emil Julius Kanngiesser, mar
shall Prank MasCn jackson, chaplain; Herman
Locks, senior deacon; Charles Burton Mitchell
1uulor deacon august keinbolo DenEe. stew
srd- Is -llau Albert sherman stewart: n A
BatAln. orgslIst; Charles Douglas Fisher.
tyler.
After the installation there was. a
programme Of entertainment by the
Preside Lodge quartet, Mrs. Frank y.
=. ". Lawrence; then Frank P.
seuted 10 the retiring master and Mrs.
Gaskili p beautiful silver coffee urn,
snd rnen 10 Bfr Gaskill a diamond
- 5ewel in recognition of past ser
vices
At the close Of the programme there
vas dancing for an hour or more ana
the serving of a delicate collation. and
light refreshments.
The San Francisco call., 1904-12-17
NEW OBSERVATION CARS.
Overland Limited Train.

Commencing with departure Of January 8
the Overland Limited, via Ogden. will be
equipped with new composite-observation cars
which win take the place Of the present COM
partment and composite cars
The new cars will consist OF two sections
one being a smoking-room for gentlemen with
sixteen chairs, buffet. three card tables writ
ing desk periodicals., etc; the second, parlor
for the ladies'. with equal number of cosy seats,
secretary, bookcase, large library table and OBJ
servation rotunda-
These cars will have broad plate glass win
dows Will pe carried at end of train and
thus afford exceptional opportunity for viewing
scenery route. They are the latest produc-
lions OF the Pullman Conpany's shops. pre-
eenting novel and pleasing features. to be APP
preciated only by personal inspection.
The San Francisco call., 1904-12-17
REPAYS BENEFACTOR'S AID
BY PLUNDERLNC HIS Trunk
Migrate Displays Stoicism|
Calmly Gazes at Witnesses Who
Disclose His Character.
BY JAMES c. CRAWFORD.

With remarkable stoicism A Martiny,
classified as al bum" and accused of
petty larceny. heard his character va
rlously assaiIed before Police Judge Ca
bsniss. THIEF and "ingrate' were
among the mildest terms applied to
him, -et he eVinced no more personal
interest than if they were illusions to
the Gar OF Russia or the Mikado Of
Japan.
The complaining witness. Max Schulz.
bartender Of a Commercial street wine
joint" told how he had shoWered
The San Francisco call., 1904-12-17

Honor, surveying the defendants stall
wart and neatly clad figure.
''Ze charactaire was the response,
aided by a mighty shoulder heave.
No, sare; l am re gentleman"
Mon Dieui" shouted a stout COM
patriot. who was awaiting opportunity
to testify for the defense. Hes not
ze vag-rant. Ze minair he ees. He
com from ze mines an he veesit me.
Mon Dieu. To arrest heem was ze
gr-r-reat mis-tak''
My dear friend" Paul exclaimed,
gazing rapturously at the unsummoned
witness.
Mr.. Roeback was arrested on the
first block of Geary street, near a sa-
vouched for his character. The police
man was positive that he had seen
the defendant many times during the
last month or two lettering in that
neighborhood, as he could bring re-
liable witnesses to prove. So the case
was continued till next Monday.
My poor friend!" said the stout
witness.
MY dear friendI" said M. Roeback.
Then they shook hands
Attorney D. ]. Murphy's cross-ex-
animation of Joseph Beatty. who wit
messed the killing of Joseph MCGOWAN
by Joseph Smith on November 26. was
the feature of Judge Mogans session.
Beatty was forced to confess that he
prevaricated to the detectives who in
terviewed him by informing them that
he did not possess the key of the yard
in which the shooting occurred, and
when asked why he lied he said he
did not think he was obliged to tell all
he knew. The hearing will be resumed
next Monday morning.
The San Francisco call., 1904-12-17
StOicisr1l

planned, il was his duty to keep his
eyes open and his feet in motion; but
so quiet was his beat and SO lonely his
vigil that dTowsiness o'ercame him de-
spite his preventive endeavorS, and
when he inadvertently leaned against
tree he dropped into slumber. from
which he vas awakened by vigilant
sergeant, who had deprived him of star
and club. His dismissal from the force
speedily followed.
Judge Conlan hoped that Mr.. Girls
void did not come to San Francisco
with intention of joining the constabu-
larry '.Becau use - his Honor added,
somnambHlism is just as valuable
police asset here as in New Jersey
Mr.. Griswold said he had no such
intention. but was seeking any kind of
an old job when he was arrested and
charged with pagrancy. The charge
was dismissed.
For stealing a blanket from a stable
owned by his former employer, p. c.
Baker of 273 Tehama street. Pete
Massie was arrested and booked for
petty larceny. and then the police dis
covered that he had obtained $50 from
q man by falsely representing that the
cash was 10 be expended in the pur
chase of a horse. The effort to CON
Wet him of obtaining money by false
pttlttiS| war ittls4cs bht tilC petty
ceny charge stuck and Judge Cabaniss
gave him five months.
Harry Puryea, who arrived here two
weeks ago from Richmond, Va, spat
upon a Market-street sidewalk and was
promptly arrested for it.
Il can assuah the hon Bile cot" said
Mr.. Puryea TO Judge Conlan, that no
offense was intended-no sub, no Of
fense was intended. In my town of
Richmond. sub, a gentleman is peh
mitted TO spit when and wheahsthe inn
pulse seizes him, sun"
The gentleman" was dismissed,
and Robert W. Kellen, also accused of
having deposited a salivary offering
upon the same footpath, faced the
bench. In the town of Ukiah, CAL,
where he has lived for years, Mr..
Kellen pleaded, there is no law pro-
hibitiYe Of free and copious expectora-
ton on the public thoroughfares, and
he had never heard any one complain
that the lack of such an ordinance
created a long felt want. Besides, the
Ukiah sidewalks were of mscadam.
He. too, was told to go and offend no
more.
"Sacre. Not guil-tay." exclaimed
Paul Roeback, with hair pompadour
and mustache spiked, when Judge Mo-
gan asked him If he was guilty of
vagrancy.
'T'I acknowledge that you do not
look the alleged character" said his
The San Francisco call., 1904-12-17

SAYS LEVY WAS ILLEcAL-James C.
jordan. no paid S3o77 - taxes on realty this
--- wants the city 70 return SZj2 q % him
UDou his contention that portion of the levy
vas he=al- He attacks the validity OF the
ordnance arportionlng part OF the tax to
the surLrl bond redemption and interest funds
81 the ground that the levy was in excess o.
the amount permitted. and there was al that
trne 70 raho Indebtedness as designated in
the crcinsnce
The San Francisco call., 1904-12-17
THE
C|-|RISTInRS
CALL
OUT TOMORROW


and features
TwENTY-FOUR PAGES or APPROPRIATE
STORIES AND PICTURES
Last Christmas of the Confederacy."
Mrs. Burton Harrison
"The Madonna of the TuLeS.
By Martha Tustin Patton (Fifty Dollar Prize
"Henny'-.A Christmas Story.
By AneEe Rives.
"LUhen History Repeated
By Wright Hanson
"The Hold, Up at Mir06eL"
By Madge Morris.
"The Oil on Blodgett'S Farm"
By Kathryn Jarboe
Poster Picfure-"The Old Time
Christmas Dinner
By John F. Woolrich
"Three Inches of JnoLO."
By John Strange Winter.
".4 Christmas Tree.
By Fergus Hume.
"Masque of Joy.
By Charles Tenny Jackson.
"Doc UiLson's Christmas Pudding"
By A. D. Mcmillan
Book Page.
TheaterS for the Holidays.
With portraits of actresses playing here during
Music Page.
Full Page Head Typical California
Girl
By R. W. Borough.
Double Harness 18th mstaiLme0D.
By Anthony Hope
".ToffingS of Old Linn .Jucktin.
By Opie Read
"On and off the Bread Udgon.
By Charles Dryden.
"Fobles for the Foolish.
By Nicholas Memo.
"The Knack of Dressing ChedpLy."
By Madge Moore.
"FTrSt .4id to Gas UictinlS."
Comic Supplement
Puzzle Page.
Full Page Picture-''The MiStfetoe
Girl"
Announcement of the colored Art Supplement else
where.
A rare literary and artistic treat.
PRICE, SC per eOpJ-kail It to lgur Eastern Friends.
roRExer POSTAGE 1Oc DOMESTIC POSTAGE sc
For Sale by All Agents and Newsdealers
The San Francisco call., 1904-12-17

If there is a considerable amount or cor
ruptiOn among the patrolmen VINO
guard the peace of the tenderloln-
The San Francisco call., 1904-12-17

Tuesday at the earliest. for the chair
man OF the police COMMITTEES win BE-
out OF town till that date.
The San Francisco call., 1904-12-17

A dream OF pleasure. the new two for
quarter size American. Sc % box 3.
The San Francisco call., 1904-12-17
DEvEIOPMENTS PROMISED.

AFTER yesterday meeting Oh the HO-
lice Commission Hutton said: I'VE are
the question up later, just when /
cannot state"
This was in response to a request for
information regarding the results of
his Investigations.
There is no doubt that the police on
duty in Chinatown and the tenderIoin
have been getting plenty of easy
money" They have been doing it
since the water came up to Montgom-
cry street" But the trouble is to
prove il. Whitman has caught and pun
ished several men for thatsort of work
Hutton is aware of the grating, as is
every one else. He has worked diligent-
ly and has secured evidence that fallen
women pay stipulated amount to pa
trolmen for protection" He has a
partial case against Officer Higgins
Now the police and the public are wait
ing for him to SubStantiate his claims
Of corruption.
Crooked policemen are so we'll school
ed in crookedness that it is almost i'm
possible to catch them red handed If
Hutton can prove the corruption that
undoubtedly exists he will score hit
with the public. Those who pay
tribute for protection" seldom testify
against the men they bribe. The bribers
get adequate returns for all money
paid to policemen in being allowed to
disobey the laws, and therefore have
no motives for telling what they know
in the course of formal Investigations
1t is expected that in the grand de-
n0uement prepared by Hutton the fact
will appear that since Whitman has
been Chief footpads, strong arm men
and bunko artists have been much less
active on the Barbary Coast than ever
before in the history of the city, even