davidaulloa/AmericanStories huggingface dataset:
Waterbury evening Democrat., 1904-03-04

The defendants demurrer in the case of the state vs David c. Marsh and Willis Vandemark for perjury in the cases tried against them last spring for assault, conspiracy to as, sault on four counts, was the main bitem of business before Judge Wheeler at short calendar to-day. The accused are charged with perjury in the count of conspiracy. The state was repre- scented by Williams, Kellogg and c. G. Root and the accused by O'Neill and Kennedy. The substance of the demurrer is that the accused cannot be tried again on the same evidence that was given against them at the trial last spring; that to do so would be substantially and actually re-trying been already acquitted.
 In opening for the state, MT Will Hams said the defense mad filed plea the like of which he never saw before. The plea is known as res adjudicata, that is, the accused were once acquit- ted by jury and therefore they could not be tried again on, the same evi- dence. He asked the court to strike out the plea on the grounds that '',~ present complaint is in no way identiz cal with the offense of which the ac- cused were acquitted last spring.
 Because 1t appears from the records of the superior court, from the pl a in question, and from the facts alleged that the two cases are entirely differ ent
 : Because for the above reasons stated it is claimed the defendants could not have been convicted on the first case charging them with conspiracy upon the face of the facts alleged in the present information
 Because of an adjudication of the facts alleged in the plea is not cone1u- siye and final and the state is not estopped thereby from again putting in issue and proving or disproving said facts as they are, and form but one element in the offense of perjury charged
 Because it does not appear from said plea that the defendants could not have been convicted of the offense al- legged in the present information or could have been in jeopardy for it.
 Because 1t does not appear from said plea that the acquittal in the first cases was not procured by and on account
Waterbury evening Democrat., 1904-03-04
SOLD HIS FAMu.y

Norfolk, Vir., March 4.-When .Job, Outlaw, of Annftuck county csa,t,, Carolina, became tired of his w,fa ,,a al, two children, some weeks ago. he solss the trio to his brother, Jerome Ont. law, for two fishing nets. The maffe,s was reported to the authorities and warrants were sworn out. It t1eyelons cd at the trial that John did moi fhi,,is there was anything wrong. neifhes did the brother Jerome or Johns wife Jerome and Mrs John Outlaw were found guilty of illegal cohabitation. put as the children were dependent upon them for support, no penalty was inflicted. -
Waterbury evening Democrat., 1904-03-04
LIVED FOR THIRTY HOURS
 MAN DIED WHEN RESCUED
One of the Victims of the Collapsed Hotel Accident in New York-Died in the Ambulance While Be- ing Taken to Hospital Number of the Dead Now is Fifteen.

New York, March 4.-After living more than thirty-four hours under the mass of steel beams and other debris of the collapsed hotel Darlington, in West 46th street, Charles Lasek, ce- ment worker, died early to-day while being carried to Flower hospital in an ambulance. This increases the known dead to fifteen.
 The finding of live human being amidst the mass of iron work, brick land mortar shortly after two o'clock this morning was perhaps the most sensational thing of the kind in the history of similar disasters in this city. From the hour of the collapse hundreds of men have struggled amid the wreckage, with derricks, to get at the bottom of the pile where more than half dozen dead fellowwork- men were known to lie. Suddenly, when heavy beam had been hoisted a man, half pinioned below, was seen to move. A great shout went up and hurry calls were made for an ambu- lance. Owing to the position of the imprisoned man great care had to be exercised 1n freeing him and nearly an hour elpased before this was accomp- lished. Meanwhile, the surgeons had crawled into the pile and reached his side. He was given stimulants inter- nally and injections of whiskey with cocaine and hopes were strong of sav- ing the man who had escaped death in the crash, and then fought off suffo- cation and starvation so long He was carefully lifted into an ambulance, but died before the hospital was reached. One arm had been broken and there was great hole in the mans head. His vitality must have been tremen- dous to survive so Iong with these injuries not to mention his position in the debris.
 At the hospital Lasek's identity was quickly established by means of a union card in one of his pockets.
Waterbury evening Democrat., 1904-03-04

'The state," went on Mr O'Neill, ''puts on Marsh and he testifies he was not at Fabers switch, and then they put on witnesses to show he was. Is it not the same case over again? Have not these facts been litigated?'
 Tt was necessary and material to prove in the first trial that the accused were at Wolcott's pool room, were at HuElburts shop, at Faber's switch, and assaulted the car crew. 1t is necessary in the present case to prove those facts again. The accused denied they were at those places. Is it not necessary for the state to prove they were there. and has not that point been litigated and decided? And now can it be Iitigated and determined agaln! Had the first cases been thrown out of court on some technical defect, or had they been thrown out for any reason, leaving all the points that were raised undecided, the situation would nave been different. but the cases were not thrown out and, in fact, ali the eVl- dence was litigated and determined"
 In view Of a decision quoted by MT O'Neill, he said in case there is a trial if may be necessary to bring in all or the eighty-four jurors that were eX- amined. read about $500 pages of ev1- dence and perhaps have Judge Ihayer' who presided, present to testify to ms rillings.
 MT O'Neill, after concluding, went home. He is quite ill and but for the urgency of this case would not have ventured out. MT Remedy then spoke. He also quoted numerous au- thorities and said that suppos1ng the state has discovered new evidence, or that some of the witnesses who testl- fed for the defense have now con- cluded they were wrong, how have the courts treated such evidence? Then he cited the case of woman whose evidence sent man to the state pris- on for criminal assault. Some time later this woman concluded she had been wrong in fastening the crime upon this man. nevertheless the SUI preme court would not listen to her and refused to order the release of the man.
 The arguments were finished at o'clock. The decision was reserved, the court !adjourning until Tuesday morning.
Waterbury evening Democrat., 1904-03-04
! KILLED IN YARD.
Switch Engine Struck Nah at East
 Hartford To-Day.

Hartford, March 4.-John Petre. a yard hand in the employ of the New York, New Haven and Hartford rail road, was accidentally killed in the East Hartford freight yards early this morning.
 Petre was at work cleaning the ice out of the switches at the time the ac- cident happened. Cars were being switched back and forth in the yards, when one ~- them came up behind him and hit him with great force, knocking him to the side of the track. When picked up he was dead. Petre leaves a family.
Waterbury evening Democrat., 1904-03-04
THE LIQUOR BILL
Hearing To-Day at Wash ington-Many Water
 bury Petitioners.
Special to Dernocrat.)

Washington, March 4.--Before the house committee on the Judiciary inn portant hearings are being held rela- tive to the Hepburn Deliver bill, which proposes to amend the inter state commerce laws so as to prohibit the importation of liquors in the orig inal package into states where the sale of the same Is prohibited by state law. These hearings will con tinue for several days, and large del- egations are present for, and against the bill. The bill is supported by the Anti-Saloon league, the Woman's Christian Temperance Union and oth- CT temperance societies, and opposed by the German-American alliance, the liquor dealers and the brewers. N. w. Kendall of New Haven, the pres ident of the Brewers association, is here representing the brewers.
 Many petitions have been received in favor of this bill A regular cru sade has been made in Connecticut among the churches and temperance societies, and the Connecticut mem bers are in receipt of petitions every day in favor of the bill Congress- man SperTy to-day introduced four of them as follows: From the Rev Oscar Haywood and sixty-four other voters of Waterbury: from Rev F. B. Stock dale and forty-tWo others voters. of Waterbury; from William McGibbeu and other officials of Ansonia, and from J. D. Roberts, ir, and other yot- CTS Of Meriden. Congressman Henry also presented a petition from the Presbyterian church of Thompsonville, signed by the pastor. the Rev J. F. Mcknight.
 The hearings are attracting a great deal of attention and are quite spirit ed. The discussion sometimes gets quite animated and the chairman of the committee is Having quite a time 10 keep order and to prevent person alitfes from getting into the argal- ments.
 National Lubmer Dealers.
 The annual meeting of the National Association of Lumber Dealers is be- ing held at the New Willard hotel. The Connecticut delegates are: F. Chappell of New London. E. '. Lake of Hartford, Lewis A Mansfield and .. D. DeForest of New Haven. The meeting is an important one to the lumber dealers throughout the country and several matters of national inter est are being discussed, especially as to forest reserves and the duty on lumber.
 The delegates called in a body on. the president this morning. A pleas. ant incident of the occasion was fhe presidents greeting to MT Lake Of Hartford. who was a classmaAa of the presidents at Harvard. Presi- dent Roosevelt picked him out 3 nnong the delegates and asked him to he sure to come and see him again bv himself. The president ana MT Lake were on the baseball team together when at Harvard and have kept un their friendship. ever since.
 Connecticut Visitors.
 Among. the Connecticut yis5f,r~ sY present at the capital are MT ana Mrs Mlnotte B. Chatfeld of New Haven Who are On their way home fror,, Florida, and former Senator N chapman Of South Mancheste,. wbe. IS nere partly on business before tha postofflce department and partly on
Waterbury evening Democrat., 1904-03-04
' CONSTABLE PORTER HELD

Cornwall, March 4.-No evidence was offered to-day i'll a hearing of the criminal charge preferred by Miss Maude Hough. Goshen school teach CT, against John Porter, a constable of this place. After plea in abate- ment on the ground of jurisdiction, had been overruled, Porter entered a plea of not guilty and waived exami- nation. Probable cause was found and he was bound over to the next term of the superior court under bonds of S1OOO.
Waterbury evening Democrat., 1904-03-04
wTTI, STAY IN NEW HAVEN

New Haven, March 4.-Before the meeting of the managers of the Con- necticut baseball league this afternoon it was stated by those in a position to know that grounds has been se- cured in New Haven and the team would remain there. Secretary O'Rourke also. stated prior to the meeting that should the franchise be transferred to some other city. Wor- cester could be selected as there was no law to prevent it.
Waterbury evening Democrat., 1904-03-04
f CLERGYMAN KILLED.

Danvers Mass, March 4.-Rev Flu gene De Normandy. well known in assachusetts as a Unitarian clergy man, was killed to-day by being thrown from a sleigh, attached to a runaway horse. He was 73 years of age and leaves a widow, four sons and two daughters. S
Waterbury evening Democrat., 1904-03-04
ALLEGED MURDERER

Belmont, New Hampshire, March 4. The police have in custody q man who was arrested on suspicion that he who was arrested o nsuspicfon that he Is Carl Brigham, the alleged murderer of Mrs Celia M. Smith. The man fits the description even with regard to the loss of two front teeth and scar on the forehead
Waterbury evening Democrat., 1904-03-04
PIGEON FOUND GUILTY

Hartford, March 4.-F1'ank Pigeon of Tariffville was found guilty in the superior court of assault with intent to kill George W. Harris, superin- .tendent of the Connecticut Tobacco C6 Pigeon was discharged by Har- 1is for smoking in the warehouse and he retaliated hitting Harris with slungshot.
Waterbury evening Democrat., 1904-03-04
FAIRBANKS Is SILENT

Washington, March 4.-Senator Fairbanks was shown a published dis patch stating that he had decided to become a candidate for the vice presi- dency on the republican ticket but he declirzs to make any statement one Wax oR Eaa other.
Waterbury evening Democrat., 1904-03-04
PRESIDENTIAL NOMINATIONS

Washington, March 4.-The president sent to the senate to-day the following nominations: Chief of bureau of ord nance, with the rank of rear admiral, Captain Charles A. Converse; chief Of the bureau of equipment, with rank of rear admiral, Captain Henry N. Man ney.
Waterbury evening Democrat., 1904-03-04

 
   fighting will  all Ghinaman Russia extra soldier
Waterbury evening Democrat., 1904-03-04
WEATHER FORECAST

Forecast for Connecticut Fair to- night and Saturday; fresh westerly winds becoming variable.
Waterbury evening Democrat., 1904-03-04
BREWING COMPANY FAILS.

Joplin. Mo, March 4.-The Middle West Brewing Go, with assets valued at $1OO,0OO and liabilities said to be in excess of this sum, has filed petition in bankruptcy.
Waterbury evening Democrat., 1904-03-04
Connecticut Visitors

Among the Connecticut visitors aY present at the capital are Mr and Mrs Mlnotte E. Chatield of New Haven, Wno are On their way home fron, alor1da, and former Senator M. S- chapman Of South Manchester who IS nere partly on business before inc postofhce department and partly on pleasure o1A
Waterbury evening Democrat., 1904-03-04

St Petersburg, March 1.-The Rus sian press halls with great satisfaction the American dispatches of the last few days indicating change in the disposition of the Washington govern ment toward Russia. The Bourse Ga zette and the Novoe Vremya this morning discuss ill sober-minded
 fashion Russo-American relations and
 the danger of a permanent estrange-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14

One OF the members Of the Chicago
Women literary club announces that
mans disposition can Ne determined by
his voice. II his voice is deep and SON.
orous. he is quarreisone: II thin and
husky, he will yield easily 10 temptation
if fun and abrupt. he has strong charac-
ter: if powerful and deep. he : d coward;
If IL rises from a low TO high key in the
same sentence. ne is Irritable and I'M
happy; and il shriii and thin, he is
peeyish and ul-tempere&
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14
CAPITALIST WILL
ERECT BUILDING
A. F. Gerard to Build Brick
Structure on Douglas.
THREE STORIES PLANNED
Man Is Well Pleased with In
terestS Here.
THREE STORIES PLANNED

A. F. Gerard, a capitalist of Waco
Texas, is here with the object in view of
erecting a three-story brick building at
622 East Douglas, to extend back to the
alley in the rear.
Mr.. Gerard owns a piece Of ground %
feet wide and running back 14O feet. 1t
is his desire, if he can rent 1t before
hand. to place a three-story brick busi-
ness house, to run hack the full 40 feet,
On this ground In case he cannot ar
range for this, Mr.. Gerard will build
two-story brick running back 100 feet.
This is undoubtedly an excellent oppor
tunfty for some one DESTROYS of estab-
fishing large business house to secure
a fine location on East Douglas.
The arrangement of the interior Of the
building IS not yet determined Mr.. Ge-
rard stated last night that this would
probably depend on the nature Of the bus
mess for which it will be utilized. In
case it is rented before the plans are
-ompleted, the interior arrangement will
be made to comply with the demands Of
the business.
A frame building now occupies about
forty feet of the ground, facing on Doug
las, and is used by w. II. Johnson as a
vegetable and fruit stand. This will be
removed and the work on the foundation
will begin Immediately
Mr.. Gerard owns considerable other
property in Wichita. and is enthusiastic
over the growth the city is making along
commercial and real estate lines.
The ground on which the new building
will be located Is joined on the west by
a three-story brick furniture house. and
on the east by a three-story merchan dise
establishment
In speaking of the growth of Wichita
Mr.. Gerard said:
1T is wonderful the way the city has
developed in the last two years. There
is fully 90 per cent more business done on
Douglas avenue than when l was here
in 1902. While there has been a splendid
growth over the entire city, l think
Douglas avenue will be the business
street to which all others will be tribu-
tary. The only thing Wichita lacks is
an equitable freight rate. All over the
country where l have been the injustice
of the freight rates from Wichita to the
gulf is being discussed, and as soon as
this is adjusted the city will derive a
great deal more benefit from a shipping
standpoint
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14
AN OLD SAYING.
Showing How Cause and Effect Are
Never Far Removed

1t is an old saying Where there's
honey there's bees''-not less true is one
which science has coined more recently.
Where there Dandruf there : germs
-and-to push the Inference still further
we may truly say, Where there's Dan
druff cured Newbros Herpicide has been
at work
The reason of Herpicide's isolation as
a genuine cure for Dandruff lies in the
fact that il attacks and destroys the
root of the whole trouble-a parasitic
germ which feeds upon the material
which nourishes the hair follicle.
Other so-called remedies are not 81
rected at this true cause of the disease.
Accept no substitute; there is none
Sold by leading druggists. Send Ice in
stamps for sample TO The Herpicide Co.
Detroit. Mich. Moore Drug Co. special
gents
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14
WILL BE WARMER.
Continued Clear Weather Is Forecast.
ed for Today.

There will he an agreeable change OF
weather today from what II was yester-
dav. II VIII be considerably warmer and
continue clear The area of high pressure
an accompanying cold weather has NOV
ed southesstward and TOW overlies the
entire eastern Rocky mountain slope.
This viii cause warmer weather in this
section than there has been for the past
few days Clear weather prevails over
the plateau region and eastern Rocky
mountain slope. but elsewhere cloudy.
threatening weather is generally shown
Light showers were general over the Mis-
sissippi and Arkansas valleys and central
Texas Freezing weather is reported from
Montana and light frost from the west
portions Of Nebraska and South Dakota.
The maximum temperature yesterday was
5 degrees minimum -.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14
FAMILY TALES
From the Inside.

A man was going on the coffee route
'.just like his father when thoughtful
wife made diet experiment with him.
my husband while coffee drinker
came almost TO deaths door with nervous
prostration. stomach and kidney disease.
His father was coffee drinker and died
with Bright's disease and my husband
was apparently going just like him, his
symptoms We're Just the same and medi-
cal aid did him no good.
"He had been a confirmed coffee crank
and | thought it was not doing him any
good so l induced him 10 quit it and use
Postum Food Coffee. In two days he
saw he was better and he improved so
fast that at the end of TWO months he
was actually a well man with all symp-
toms Of kidney disease, nervousness and
stomach trouble gone. There is no doubt
on earth these ails were all due tc coffee
and they disappeared as soon as Postum
was used in place of coffee. Our children
also love il and l think l cannot do with
out it,
I must tell you about some Of my
hoarders who were coffee drinkers and
have been benefited by using Postum in
place of coffee. one lady was very nerv-
Gus and could not sleep; she got better
almost at once; one gentleman is Ger
fainly being cured of stomach trouble and
nervousness and two other hoarderS have
been entirely relieved OF more OF less
stomach trouble which they always com
planned of while drinking coffee. An
other gentleman actually used TO walk
the floor night after night OF sleeriessness
and pains in the stomach after drinking
crffee. and ne has been entirely cured
and now sleeps sound and well on the
Postum.
My brother-in-law had been sick Of
what the doctor said was heart and
stomach trouble and came 10 visit me ana
ne had been using Postum hut a short
time when he began TO improve and by
the time he left for home he looked and
FELT like a new man which proved that all
~ his troubles had come from coffee
All the above names given by Postum
Co. Battle Creek. Mich.
Look in each package for the famous
ln<le book, The Road to Wellyilie"
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14

Last Saturday so many people took
advantage OF this sale that we want TO
give all another chance today Come
early.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14
SUIT is FILED.
c. F. Wilson Seeks to Recover S747 on
Promissorv Note

c. F. Wilson ct al filed suit in the dis
trict court yesterday afternoon agains.
NJ. S. Kohl for the recovery of STAT which
he claims due on a promissory note given
by the defendant. According to the petit
ton Kohl gave his promissory note for
SLIGO to G. w. Kohl, Sr. on January l,
1900, who subsequently died and left the
plaintiff as administrator to the estate.
legacy of 81 500 was left by the will to
NJ. S. Kohl. but the plaintiff alleges that
after the debts against the estate were
paid it was required by an order of the
court to abate from the full amount of the
legacies left proportionate yart of them.
and that sucha66u? ??MFDWYLYFGWK
and after such abatement there remained
in the plaintiffs hands 81 ,420 for the de-
PENDANT. which was credited on the note
and which still leaves SAT- due for which
judgment is asked with interest at per
cent from january, 1900
Dedrick and Dedrick and j. ". Hay
maker are the attorneys
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14

Helen FEz>ch. aged I've year,. dls1
at York. Pa. of what shyssessrss sxs Il
a rare disease u Was cszr1efrrszess b
TIE oozsEs from the ~szns AID arteries u
blood which co.lecsec Z7ae. tie sxza-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14
CANCER AND PILES.

Benjamin Fzrweil who played a prse-
deal joke upon Robert Mctiraw. a nsght
Waterman AT Boston was sfcS and killed
By the victim Of the JOKE The police
say IL served Fsrxesi right
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-14

A boy in New York touched a match to
a barrel of oil lying on an asphalt pave
ment. Before the fire was put out it had
destroyed nearly a block of pavement.
Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1904-05-05
COUNTY NEWS.
Marvin.

A good feed and sale stable is added
to the Marvin improvements.
VIM. Chester is repairing and add.
ing to his dwelling house, making
quite an improvement,
Mr.. Naples, the restaurant man,
has grist mill in running order In
town, for the benefit Of the public.
Mrs. 7. Lorlmor took the Rock Is
land train last Sunday afternoon for
Cuba, on account Of the serious illness
among relatives.
Mrs. Mary Hubbard left last week
for her home In Ohio, intending to
visit friends In Kansas City and St.
Louis on the way, and take In the
Worlds Fair.
Rev. Dexter, Secretary of the State
Temperance Union, delivered two
lectures In the n, L. church that
were highly appreciated. He speaks
along the lines Of Law and Order and
the suppression OF LawleSSneSS.