davidaulloa/AmericanStories huggingface dataset:
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1904-01-12
RHODES GOES
TO PBNIHEuTIARY
WAS IN POLICE COURT YES
TERDAY MORNING ON A
CHARGE PETIT LARCENY
ROBBED RESTAURANT
This Morning He Plead Guilty In
Circuit Court and Was
Sentenced.
ROBBED RESTAURANT

Thomas Rhods, who was yesterday
bound over to circuit court or a
charge Of petit larceny, having stolen
twelve dollars from the till at the
City Restaurant. This morning he
was brought before Judge Fox, where
he threw himself on the mercy Of the
court and plead guilty Judge Fox
sentenced him from one to three
years IN the state prison at Michigan
City, where he viii be taken in
short time.
Marriage Licenses.
County CLERK Haas issued the fol
lowing marriage licenses
Timothy Charles Harrington and
Clara Elizabeth Luken, this city.
John It. Broadstone OF Hartman,
o., and Margaret Brown, Of Hagers-
town, Ind.
Shiveley g. Shiveley have fled the
suit of Mary J. Duffee vs.. Floyd W.
E. Duffee, for partition.
The jury has been excused until
Thursday when the East VS.. Wayne
Works case comes up.
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1904-01-12
CIVIL WAR

Clarksburg, w. Va. Jan. 12.-An
organization Of teamsters of the civil
war, who were not enlisted men, will
send a petition to congress for pen
sion of not lass than SO a month.
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1904-01-12

The Knights Of the Golden Eagle
will have installation tomorrow
night. A full attendance is desired.
Richmond daily palladium. [volume] (Richmond, Ind.) 1876-1904, 1904-01-12
WHEAT UP ONE CENT.
(By Associated Press.J

Chicago, Jan. 12.-War tension to-
day caused an advance of one cent in
the price of wheat.
The Birmingham age-herald., 1904-03-03

this defendant is here today asking that monied consideration in the way of a bond be allowed. and that he be permit ted to go free until the grand jury in April shall investigate his case. I pro- test against such a course with all the earnestness of my soul In the name of law and order, in the name of fairness and of justice. l do most earnestly urge that this man remain in the custody of the sheriff until the grand jury has pass ed upon his conduct on the night that he shot to death an innocent and law-abid- ing citizen in this county.
 Under the evidence in the case he Is not entitled to ball. I sympathize with the young man but I have no sympathy for his crime He sent citizen from our midst to eternity without a moment, 3 warning Poor Banholzerl An honest man and a faithful citizen. he Is hardly cold in his grave before his slayer seeks his freedom on a bond.
 'The facts and circumstances of this case cry out against such a course. Hu- man life is entirely too cheap. and re- spect for law and order Is not as high as 1t should be. The only way under heaven to stop crime is to punish the criminal. l care not whether he be surrounded by money or influential friends or not Jus tice is no respector of persons, and in the administration of justice. so help me God. l propose to do my duty, let the lash fall where 1t will.
 Tt is only short time until April Let Shugart remain in jail to await the ac- tion of the grand jury. This is no frivo- Ions matter. Society has been outraged, the law has been violated and human being has been ruthlessly murdered. That law which does not fall alike on the rich and the poor in cases like this is partial law: Is an unfair law. Favoritism should have no place in the courts of the country. I ask. in this case. Just what the law and the evidence Justify me in asking, that this man remain in jail until the grand jury acts.
 '4The case is closed and 1t Is stronger for the state now than before. They have utterly failed to break away from the charge of murder fin the first degree. Then what are we going to do? Shall this young lawyer, and the son of a lawyer. surrounded by means and infiu- ential friends, be set at liberty on bond because they undertook to show that he was spreeing a little on the night that he shot to death a good citizen of Jefferson county?
 'I cannot believe that such will be the judgment of this court. I feel that l have fully performed my duty. and now sub init the case for your honor's decision"
The Birmingham age-herald., 1904-03-03
JnDGE GREENE ALLOWS
 SHUGART S10,000 BAIL
(contInued from Fifth Page. )

pleases the court they want you to pick out one of the lines of defense ana act upon it. What would an honest jury in Jefferson county say if the attorneys on the other side would go before them with three different lines of defense?
 ''Banholzer, a good, law-abiding citi- zen. met his death at the hands of the defendant who now asks the court to give him bail, hardly before the body Of his victim is cold in the grave. It will not be hardship upon him to keep the defendant in the county jail for a month. The grand jury will meet in April and his case will be investigated then.
 "If the decision of the court is against the defendant he can appeal to the higher court. and while on the other hand the state cannot take an appeal, if the de- cision Is adverse to the supreme court, from a habeas corpus proceedings unless the defendant is first indicted by the grand jury under a recent decision of the supreme court in the Burkstresser case I am frank to say, however, that I am so confident that Shugart is not en- titled to bail that I would appeal from the decision of the court. If your deeis- ion is adverse to the state. if l could possibly do. so.
 About Brewer and Howell.
 "Something has been said about the ar
The Birmingham age-herald., 1904-03-03
POLICE COURT ITEMS.

One of the worst and most systematic gang of negro thieves in Birmingham has finally been broken up or the organiza- tion so badly demoralized that 1t will be a long time before it will be able to again get together.
 Yesterday Judge Feagln bound over two more of the thieves to the grand jury, which makes about seven or the gang who are now In the county jail.
 The negroes have been employees of va rious firms in the city, acting as porters, elevator boys and other positions, and they have robbed their employers of sev- eral hundred dollars worth of stuff. Yes- terday Judge Feagn bound over to the grand jury Jim Lewis and T. B. Jack son, two negroes on bonds of s20O each for stealing four boxes of tobacco, valued at & each, from the Collins Grocery com pany.
 George McMeachin, young white boy, who has given the police much trouble, was also bound over on charge of grand larceny He was check clerk for the Col lins Grocery company and sold several bags of potatoes which he had short- checked out of car to negro dray- man. His bond was also set at $2Oo
 Archie Wallace and Haze Hart, two negroes, were bound over to the criminal court on charges of highway robbery. They are accused of robbing Alex Lane of about s on last Sunday afternoon, one of them knocking him down and the other taking his money from his pocket.
 Tom Sims and Shack Brown, two ne- groes. were each fined s9O and sentenced to work 1sO days on the city streets on A charge of buying and receiving stolen property Dempsey Thomas negro boy one of Judge Feagin's probation negroes was fined sso and sentenced to 1S0 days on A charge of stealing a lap robe.
The Birmingham age-herald., 1904-03-03
Senate Confirms Nominations.

Washington, March 2-The senate today in executive session confirmed the fol- lowing nominations:
 Postmasters: Arkansas-Charles l.. Jones, Junction; Omar N. Hawkins, Mor- rillton. North Carolina-John s. Nasty Monroe Oklahoma-G. A. Hall, Oka- riche. Texas-william Reese, Flores vile
 Capt. Casper Goodrich to be a rear ad- miral in the navy and other promotions in the navy. Charles l.. Jones' whose noml- nation at Junction, Ark, was confirmed today, succeeds E. s. Parnell, who resign ed on the ground that he was afraid that he would be a victim of the Parnell-Tuck- CT feud unless he fled from the state.
The Birmingham age-herald., 1904-03-03
FUNERAL NOTICES

Friends and acquaintances of Mir. and Mrs. P. J. Dowd are respectfully invited to attend the funeral of their infant son, Thomas Francis from residence 724 North Sixteenth street this afternoon at D. m.
 The friends of the family of Mrs Sarah F. Gotten are requested to attend her funeral this afternoon at o'clock. from the Church of the Advent. Interment in Oak Hill cemetery.
The Birmingham age-herald., 1904-03-03

rest of Brewer and Howell for perjury. I want to say right here that I am re- sponsible for their arrest, and if they will show me any witness for the state who has sworn falsely at this proceed ings l will gladly institute similar pro- ceedings against them for perjury.
 Any good, law-abiding citizen ought to be willing to go to the county jail and stay year If he had committed a homicide for the sake of the good exam pie it would set. If this defendant is given bail. it will be useless in the future to arrest anyone for committing murder. The only way to stop crime in this coun- try is to punish the guilty ones.
 q believe the defense started out with a fraud. and when ever caught up with their perjured witnesses they shifted. This is stronger case than the one tried be- fore Judge Abernathy."
 The arguments were concluded at 3:S5 o'clock.
 The decision of Judge Greene allowing the defendant bail in the sum of $10,0U was quite lengthy one. At the time it was rendered every seat in the court room was taken and a number were standing.
 Judqe Greenes Remarks.
 Judge Greene said that in passing upon the right of the defendant to be admitted to bail in any case, the rule of the law is plain. that bail Is a matter of right to every person charged with crime except where the proof is evident or the presump- ton great that the accused will be pun ished capitally.
 The court said that the committing mag istrate hearing cause of this kind had to use a certain amount of discretion in weighing the testimony offered at the pre- liminary hearing. He made the state- ment that he would have committed Shu- gart to jail without bail at the preliminary under the evidence offered. But tes- tmony he said had been presented at the habeas corpus proceedings that was not offered at the preliminary hearing. This testimony was with regard to the defend- ant being drunk at the time the deed was committed. and he said this fact was not disputed by any of the witnesses put upon the stand.
 In rendering his decision Judge Greene said that he would do so regardless of the results of possible appeal by the defend ant or the state to the supreme court.
 After carefully considering the evil dence I think the defendant is entitled to bail and will therefore remand him to the custody of the sheriff, fixing his bond at $l0O00.'
 Court then immediately adjourned
The Birmingham age-herald., 1904-03-03

crime? Unless he was drunk to that ex- tent then drunkenness aggravates rather than mitigates his offense. If the jury were not to believe him so drunk as to be irresponsible, but on the contrary say by their verdict that we believe that fre is guilty of murder in a capital degree would your honor feel that under this ev- idence such a verdict was so unjust and outrageous that you would set it aside? |? Unless your honor would set aside such a verdict, the defendant is not entitled to bond.
 Another murder has been committed in Jefferson county; another citizen has been removed from the walks of life killed without a moments warning, and
The Birmingham age-herald., 1904-03-03

The Age-HeraId Engraving Depart ment makes good cuts.
The Birmingham age-herald., 1904-03-03
ReoIster of the Circuit cour,

John s. Gillespie is a candidate for re- election to the office of register of the circuit court Of Jefferson county. subject to the action of the democratic primary.
The Birmingham age-herald., 1904-03-03
For Associate Judue.

I hereby announce my candidacy for third associate judge of the circuit court of Jefferson county. subiect to the action of the democratic primary.
 z T. RUDJJLPH
The Birmingham age-herald., 1904-03-03

hereby announce myself a candidate for the Board of Revenue subject to ths action of the democratic primary.
 D. A HELMICH.
The Birmingham age-herald., 1904-03-03
For superIntendent Of Education.


 I hereby announce myself a candidats fer Superintendent of Education of Jef- ferson county. subject to the action of ths Democratic primary. P M. M'NEII. l. w McAdory Is a candidate for county superintendent of education. subject to the action of the democratic primary.
The Birmingham age-herald., 1904-03-03

The Age-Herald is authorized to an- nounce John T. Reed as a candidate for board of revenue. subject to action or democratic primary.
The Birmingham age-herald., 1904-03-03

The Age Herald is authorized to an- nounce w B. Burton a candidate for member of the Bonrd of Revenue of Jef- ferson county. subject to the action of the democratic primary.
The Birmingham age-herald., 1904-03-03

hereby announce myself candidate for Board of Revenue, subject to the &C., ton of the democratic primary.
 HUGH MGEEVER.
The Birmingham age-herald., 1904-03-03
Eor chanceIIor Ncrthwessern plvIslon

John c. Carmichael is a candidate for re. election to the office of chancellor of the northwestern division. embracing Jeffer- son, Blount and Tuscaloosa counties. sub ject to the action of the democratic pri- mary.
The Birmingham age-herald., 1904-03-03

TNe Age-HeraId is authorized to an- nounce that IT. P. Hehin Is candidate for reelection as solicitor for Jefferson county, subject to the action of the dem- ocratic primary.
The Birmingham age-herald., 1904-03-03

hereby announce myself a candidats for reelection to the Board of Revenue. subject to the action of the Democratic party. J. K. P. LAIRD.
The Birmingham age-herald., 1904-03-03

For soiieitor Tenth .IuIie,at Circuit.
 The Age Herald Is authorized to an- nounce Frank Cahalan a candidate for Soll' itor of the Tenth Judicial Circuit Eubject to the action of the democratic arimary.
The Birmingham age-herald., 1904-03-03
For So,icItor.

I hereby announce myself a candidate for Solicitor for Jefferson county subject to the action of the democratic party.
 WILLIAM K TERRY.
The Birmingham age-herald., 1904-03-03

hereby announce myself candidate for reelection to Board of Revenue snb- ject to the action of the democratic pri- mary. Fl. w. CROOK
The Birmingham age-herald., 1904-03-03

S. p. Greene is a candidate for judge of probate of Jefferson county. subject to the action of the democratic primary.
The Birmingham age-herald., 1904-03-03

The Age Herald is authorized to ans nounce John c. Pugh candidate for reelection for solicitor of the Tenth judi- cial circuit. subject to the action of the democratic primary.
The Birmingham age-herald., 1904-03-03

hereby announce myself a candidate for Board of Revenue of Jefferson county, subject to the action of the democratic prtmary
The Birmingham age-herald., 1904-03-03

TOT f~rONltC JU0Qe.
 The Age-Heraid is authorized to an- nounce ]. P Stiles candidate for re- election as Judge of Probate of Jefferson county. subject to the action of the Democratic primary. u-6-6
The Birmingham age-herald., 1904-03-03

John M. Sims announces his candidacy for Board of Revenue Of Jefferson county. subject to the action of the democratic primary.
The Birmingham age-herald., 1904-03-03

William J. Mims of West End announces himself a candidate for Tax Collector of Jefferson county. subject to the action of the democratic party.
The Birmingham age-herald., 1904-03-03

la Age-l erald is authorized to an. gee 1ohN Mcqueen a candidate for solicitor of the Tenth judicial circuit. subject to the action of the democratic primary.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20
REsENrs THEIR ACTION.

The action Of Senators Foster aud
Ankeny Ia introducing bill 10 make
a SOLDIER home Of the abandoned
Fort Sherman military reservation in
Idaho, IL resented by Senators Dubois
and Hepburn ~ al Interference with
their rights. They claim 10 know
better than outsiders the wishes Of
the people Of the state in regard 10
this reservation, aud they are putting
up stiff opposition to the legislation
proposed by the Washington Senators.
Both Of the Idaho Senators called ON
the president and presented the
matter to him with the request that
he intervene in order that the reserva.
tion be sold at public auction. II
is understood that the president will
aecede to their request. Wallace
Press.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20

ally. He not only withdrew bis bill
but wrote letter TO the secretary IL
the interior At the dictation Of Dubois
informing him be had no further in
terest in the matter and wished 70 see
the land sold In accordance with the
wish Of the Idaho senator. Dubois
then secured the signature Of Senator
Ankeny 70 the letter. which was pre-
sented 20 the secretary and Dubois
was assured the sale would be ordered
without delay.
Those Washington people have =
habit Of treating the northern parf Of
this state ~ part of their domain. and
this ''calI down. may have the effect
OF admonishing them that they have
no right Of control over IL and cannot
possibly acquire any such right
Idaho Statesman.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20
SOUTH IDAHO OPINION.

A special from Washington to the
Portland oregenian gives the details
of a passage between Senator Dubois
and senator Foster ia which the
Idaho senator came out triumphant.
Foster introduced hill providing
for the establishment Of a soldiers
home on the abandoned Fort sherman
military reservation. Dubois wished
to have the reservation sold under
the law making provision for dispos.
ing of such property. The action of
Foster was resented by the Idaho
senator. as 1t constituted an aggra
waited case Of meddling in Idaho
affairs.
Senator Foster declined 10 with.
draw his bill when requested by
Dubois Senator Dubois then intro.
duced resolution instructine Secre-
tary Hitchcock TO sell the reservation.
giving notice that he would address
the senate the next day on the sub
Iect. He next notified Foster he
would deDouncs him In the open
senate for interfering with q matter
outside his jurisdiction.
That settled &C. Foster determined
to surrender and did 80 uncondition-
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20

base rendered back the payment Of
$3.50 on the contract 10 we'll a. the
taxes on the property heretofore paid
BY appellant amounting 10 s46.OO.
fhis Is based ON the statement Of
appellant that he bad been greatly
damaged by the failure Of respondent
70 remove the buildings and which be
assigns ~ his reasons for not tender
ing o respondent KEall the payments
as they fall due. This. however. did
not excuse him from . compliance
with bis contract; be hsd entered into
solemn obligation TO meet the pay
nsnts ~ they fell due, and before he
can be bsard in equity be must show
that be is not at fault In any Of his
obligations. 10 other words. be can
not plead the lAchss Of KraII in
Justification Of his own shortcomings.
We think ne are justified In this
conclusion by all the modern author
titles 70 which cur attention has been
called. We have carefully examined
all the questions raised By appellant
and whilst ne hare not taken them
np In the order named ia the brief
aud record. We do not mud any report
that would warrant . reversal Of the
Judgment.
We conclude that this Judgment
should he modified 20 the extent that
the respondent KrAlI should be re-
qnired 10 pay appellant Smith the
amount Of taxes paid on the property,
together with the elB0 paid 10 KralI
Al date Of contract.
The judgment 10 modified As above
indicated. Each patry 20 pay their
oNn costa. and cause remsndsd for
fuFth~r pFooeedlngs In harmony with
th.s opinion.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20
Will AcouIEscE.

The indications ali point TO the
sale Of Fort Sherman at Occur a.
Alene. rather than the transformation
Of the property into a home for the
old soldiers. This il the plan APP
proved by the business men Of
Occur d'Alens. and while the people
Of Spokane would be glad TO see the
land retained by the government and
made into refuge for the defenders
Of the country. they will, nererthe-
less, aeqniesce In any disposition
that may be made Of IL which viii
add TO the growth and prosperity of
the country. Spokane is about as
much interested in the welfare Of
northern Idaho AZ are the actual
settlers there, a. anything which
tends 60 aid in building up that
country, for this is q natural center
for business between the two great
ranges Of mountains. the Rockies and
the Cascades. Spokane Chronicle.
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20
DUBOIS GOES AFTER FOSTER
WASHINGTON SENATOR QUITS
Idaho Senators Propose 10 stop Impaaest
Interfer~nee Of Washington Senators
In Oar state Aaairs wiz Have ne
More u Ga

That hostiIities were narrowly
averted recently between Senator
Foster Of Washington and Senator
Dubois Of this state over the proposed
sale Of old Fort Sherman lie related
In the following Washington dispatch
10 the Portland Oregonian:
War between Senator Poster and
Senator Dubois has been sverted
through the promise Of the Washing
ton man hereafter 10 refrain from
dabbiing with Legislation pertaining
20 Idaho. Early this session Foster
introduced q bill authorizing the
establishments OF a soldiers home on
the abandoned Fort Sherman military
reservation In Idaho. Subsequently,
Dubois tried 20 have the interior
department sell these lands under the
abandoned reservation act, but
Secretary Hitchcock refused 70 auth-
orize the sale because Of Fosters bill,
which contemplated the use Of the
lands.
This enraged Dubois, who vent
70 Foster with . request that be with
draw his bill. This Poster declined
TO do, 90 Dubois introduced resolu-
tion compelling Secretary Hitchcock
10 sell the Fort Sherman lands. and
In Offering the resolution. gave notice
that he would address the senate. and
especially the Washington senators,
with regard 20 IL. In a private way,
be notified Senator Foster that unless
be withdrew his soldiers home hill,
be woald denoance him in the open
senate for interfering with matters
outside his Jurisdiction. With this
threat staring him IN the face, Foster
cApifulnted. aud AT Dubois dictstion.
wrote = letter 10 Secretary Hitch
cock declaring be bad no further
interest in the establishment Of
sOIdiers' home at Fort Sherman. and
that be wished TO zee those lands cold
a. desired by Senator Dubois
To make doubly sure that there
would be no more interference in
Idaho Affairs from the state Of Wash
lngton. Senator Dubois then presented
the letter signed by Foster 20 Senator
Ankeny, and his signature wac like.
wiee attached. Armed with this
document the triumphant democratic
senator from idaho marched upon the
interior department. aud received
assurances that the Fort Shermad
land would be promptly sold AT
auction, after being undivided.
Having thus gained HE point. be re.
Trained from addressing the senate. y
The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-02-20

bass aud the iron strengthened an the
bail @lth = Vies 10 braaking Ice
GsPs. Reynolds started for the hsad
:. naslsstlon ga the st. Joe river
"Wednesday morning and said be
soiid esi through II il sere possible
70 break tbs loo. Tho boat had clear
sa'sF TO Harrison. bat encountered
Ice after lsaving there aud IN the
river found solid leo from thrss 10
ala inches thiek. A channel uas
slowly broksn through this 10 the
bead o. haElgailon. the boat reaching
lie destination 1t o'clock ia the
sssning Tbs river il now-sp@n and
us boat u making regular trips. lsav-
lns hsss Mondays. Wednesdays aud
FFidayss rstarning on alternate days.