davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
MOTION TO QUASH
THE KENNEY CASE.
Man Charged With MurderOus
Assault 90 Mrs. Nichols is
Fighting Every Step
He SEEKS TECHNICAL FLAWS.
Attorney Argues Motion for cIient but
Is Denied BY the Court--New
Move Tomorrow

a motion 70 Quash the information In
the case Of thc state Of Utah against
Clarence KennpU, who is charged Win
assault upon the person OF Mrs. Mary
L. Nichols with intent TO commit MUIR
der, was argued in the criminal division
Of the district court before Judge Lewis
this morning and was denied by the
court.
The motion, which was filed by At
torneys A. II. Barnes, NJ. +. Wilson
aud Josiah Thomas, who are defending
Kenney Is based upon several technical
GROUNDS among which Is that the court
has no jurisdiction to try the case
there having been no complaint filed as
required by the statutes IN the court
below; that the complaint filed does not
show that the complaining witness was
examined under oath by the magistrate
as 20 his knowledge OF the alleged
crime before the warrant Of arrest was
issued that there was no preliminary
hearing granted defendant as required
By law and that the entire proceed
iHgs before the committing magistrate
we're contrary TO the statutes,
After hearing the arguments OF At
torney NJ. n. Wilson. District Attorney
Bonner X. Smith waving his argn-
ment, Judge Lewis denied the motion.
A plea 10 the jurisdiction OF the court
was then filed by the attorneys for de-
fondant' and win be argued tomorrow
morning at 10 o'clock.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
GREAT WASH0UTS
ON THE SANTA FE.

Ashfork, Aria, Aug 23.-The flood OF
yesterday has caused the greatest
washouts ever suffered by the Santa
Fe railroad in Arizona. Six hundred
feet of road bed has been destroyed be-
tween Yucca and Havlland bridges,
large and small, have been carried away
and the entire country between King
man, Arz., and The Needles, Cal, has
been flooded. Water is stu rushing
over the tracks and great damage has
occurred at many sections.
terrific storm last night caused
many fresh washouts on the main line
Of the Santa Fe. At Haviland. six
miles east Of Yucca, where large
bridge was destroyed yesterday after
noon, the road bed Is flooded
to a depth Of seven feet. Telegraph
poles for a considerable distance have
been carried away on both sides, large
hand cars and gasoline speeders which
hauled workmen to that nelghborhood
yesterday, have been lost and repairing
tools we're swept away
Westbound overland train No. 7, the
California limited; No. 3, and the Cuth-
bert special from Ontario with 200 Ca
madam business men on tour OF this
country, who We're visiting for two
days at Grand Canyon, have been tied
up at this point with no possible pros
poets OF moving, The eastbound linn
tied, No, 4, and No. 8 ON the Santa Fe
are being held west of Yucca. Two
more westbound overland trains win be
here at noon and remain on sidetracks
until further orders. II Is impossible
TO send trains via Phoenix, as the
Southern Pacific has also suffered much
damage from the heavy rains which
have been falling a great part OF the
last week.
All communication west Of Haviand
has been cut Oft. orders have been sent
east TO rush gangs Of llnemen TO the
scene The Santa Fe Ia employing all
available help There is much water
on the ground around Ashfork and
there are indications Of further rainfall
today.
Another bridge AT Powell Is reported
70 have gone out today, aud several
hundred feet NJ road I'm that vicinity IN
under water. II VIII be some time be-
fore the blockade can be cleared and
possibly the trains at Ashfork VIII be
sem east and moved 90 California by
way of Denver
ALL TRAFFIC. TIED UP.
Los Angeles Cal, Aug. 2s.--No re-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
CUT IN FLOUR.
Price Down by Twenty Cents Hun
bred Today on Local Market

There Is a furry In the local hour
trade which II not brought to an end,
Is likely to cause considerable loss,
particularly to the mlllers. one Of the
mill men, not a member Of the Salt
Lake Produce exchange. has under.
taken to cut prices on -four to the ex-
tent Of % cents per 100, or 10 cents per
barrel Bran is also down 10 and 90
cents per 100; and an this in the face
Of the fact that eastern -four has adj
vanced since AnR I, $3.50 per barrel
due to the fluctuations IN the Chicago
market Today local dealers ARE pay
ing $500 more per car for eastern flour
than they were on the first OF the
month"; and every Indication points TO
Utah wheat rising IN the near future
@ 81 per bushel, and perhaps 10 cents
higher Word from Kansas centers
state that September options on wheat
are predicted az likely TO 60 TO Sl.25,
and there are such fluctuations In the
eastern markets that prizes rule only
by the hour and are given and accept
ed AT distant points-not by mail, that
Ia too slow, but by WIRE and Immediate
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
ANOTHER IDAHOAN OFF.
Nominee for State Auditor Says
His Business VIII Prevent
His Running.

Another Idahoan has declined to run
for Office He has informed the Demo-
cratic state central committee to that
effect and gives his reasons in the fol-
loving letter;
My Dear Slr-l observe by the dis
patches that | have been placed IN
nomination b. the recent Democratic
state convention at Lewiston for the
position OF auditor Of state. / have re-
eeved no official notification to that
effect; nevertheless I assume II to be
correct The fact that delay In writing
you may cause embarrassment later
on to the state central committee, |
take this early opportunity Of respect
fully rendering my declination OF the
honor, that there may he ample time
within which 10 select some one IN my
stead. My business affairs are such
that It is impossible for me even to
consider the question. / have the hon
or to remain yours respectfully,
wv II, STUFFLEBEAM."
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23

ports of the damage done by the latest
Hoods In Arizona have been received
here since last night excepting the adj
vices AT the local headquarters Of the
Santa Fee as to the damage TO their
lines In the territory. II was stated
there this morning that the washout Is
complete, and that all trafic is again
tied up. East-bound trains over tho
Santa Fe are being held at Needles and
west-hOund at Seligman. Washous
have occurred In nearly dozen places,
but the company expects to have tenn.
pornry repairs completed by this eyen-
ing and traffio resumed.
The washouts are all in places where
previous flood damage occurred and
only the temporary construction was
carried away. The pecuniary loss VIII
not be great. II Is believed that much
damage has been done by the waters
aside from the destruction OF railroad
property, but 80 far no loss OF life has
been reported,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
FORGERY AND BURGLARY
Are the Charges That Prisoners Faced
In Court This Morning.

George MCGEE and Harry Nichols
were aualgned before Judge Lewis in
the criminal division Of the district
court this morning upon the charge Of
forgery and uttering forged nstru-
ment and both entered pleas OF not
guilty. The men arc clprged with
having forged tho name Of Thomas Pit
man 20 a check for $40 IN the Bingham
State bank at bingham on June s, 1904,
and passed tho same on John Jimpson,
IN.
Joe Walden WAS arraigned on the
charge Of burglary, and entered a plea
OF not guilty He Is charged with bur
glamging the residence OF A. Fcrro at
b9S West Second South street ON the
night Of June 2S 1901
John Ycssen also entered plea OF
not guilty 10 the charge Of burglary.
He is accused of hurgarizlnE the room
Of Peter Sanderholm ut sc Commercial
street on the night OF july g. 1904
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
ROGERS WINS CASE.
Ogden Man Successful in His Suit
Against Building Society.
lsnccIal 10 the oNews.ol

especial 20 the News
Ogden, Aug 23,-rhc case of l.. r.,
Rogers against the ogden Building &
savings company was this morning de-
cided by Judge Charles H. Hart in ia
vor If plaintiff Tho court awarded
judgment az prayed Tho case which Is
a somewhat complicated one has
aroused considerable interest here and
elsewhere. The stock In the concern
taken by plaintiff having maturcd. he
sued for payment OF cash In place of
a part payment of premium stock.
Judgment was awarded him, as pray
ed In the sum OF $2,7ls,l9, together with
interest from June last
Papers in connection with the depor-
iation OF Fred Bruin having arrived
Sheriff Bailey this afternoon starts for
New York With the demented young
man, and will place him on board
steamer bound for Holland. Bruin
came here about three months ago,
and when he arrived he resided with
his aunt on Pacific avenue, who even
tually became so alarmed at his actions
that she reported the matter TO the
sheriff. The result was that the young
man was ordered deported by the au-
thonties.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
Headache

Jul investigation Of the case, and the
conclusion that Virmilion committed
sulcid, has been forced upon them, but
they DO NOT pretend to give a motive
for the rash act.
They believe that the man who was
extremely nervous, and that the hrst
shot he fred missed him and crashed
IN the cash register. lie quickly fred
another which took effect and proved
fatal
Nirmillions mother, Mrs. j. S. Vir-
million, and his sisters, Henrietta and
Mary resided Just around the corner
on Fourth West lie took his meals
with them. His father is expected here
from Montana tonight at S o'clock
Vlrmilllon WAS graduate Of the san
Francisco School Of Pharmacy, and was
started up In business last May by his
father.
The body is now at Evans UNDER
taking parors whore II Is being pre-
pared Tor burial Acting Coroner Clark
VIII probably hold an inquest over the
remains, beginning at o'clock ,his
afternoon.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
At Clayton Music Co, Store,
The Esten slve store Alterations Be-
ginTh ursday and Until That
Time the Opportunity Is
Open to Purchasers
TO SECURE A FINE PIANO
Ar COST AND LESS
We Extend to All That Desire II Our
Easy Payment Plan Of Purchase
at These Cost and Less Prices
All Can Buy; No One
Should Hesitate.
OPEN EVENINGS ZOE SOUTH
MAIN STREET.

owing to the fact that our extensive
store alterations do not begin until
Thursday and the further fact that
many requests from country towns to
continue the sale prices have come to
us. as they had Just noticed the ad-
vertlsement,' or that ave cannot be
there until Monday" and many other
like expressions We have decided TO
continue the sale prices on limited
number o. fine pianos. organs and pi,
ano.players, until Wednesday at |
O'clock,
This sale has been great boon to a
very large number OF plano and organ
buyers, Were I'VE to tell YOU the exact
number OF people who have supplied
their homes and families with lnstru-
ments since this sale was inaugurated,
and give you the gross saving made by
all these buyers we fear II would APP
pear as NJ subject for unbelief
Suffice to nay that figures tell no un-
true story; the price tags taken from
delivered Instruments plainly Indicate
the number sold. also the great dis
counts given each purchaser which ap-
proxlmates fully 80 LIS per cent off the
regular low selling value.
so much for the past ten days sale,
selling buying and saving. Now for
three days. or until l O'Clock Wednes-
day, we win offer the same discounts
on good pianos and organs that we have
been Offering during the sale, In fact,
we have remarked, a limited number
Of fine Instruments at much lower
figure than the previously cut prices,
and ave offer them on extremely easy
terms II desired.
Your favorite instrument must be
here for the stock comprises the high
est class and most reliable pianos and
organs, such as Steslway, kimball,
Steck. Knabe. Chrlckering, Estey Ma
son & Hamlin Heller, Whitney, Fisch-
err and other pianos Estey, Kimball and
Mason e. Hamlin organs, all marked In
plain figures, showing actual discounts
OF one.fourth TO one-half Off the lowest
obtainabe prices.
To realize the money-saving i'm
portance OF this sale in connection with
the beat musical quality, a call OF In
spection is quite necessary, but as an
example to show how many OF the In
struments are plainly marked, we quote
the following
Used $500 to $500 upright and grand
plnnpg--
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
HOME FROM YELLOWSTONE
Adit-Gen. Burton Returns from Trip
Through the National Park.

Adjt-0en Burton returned home
last evening, from the Yellowstone, and
Is ut his desk once more, much refresh
ed by the trip. He says this is the
first time In IL years that he has been
IN the park, and he noted some radical
changes for the better There was no
road to Jacksons Hole years ago, and
I'm coming out that way, 1t was neces-
sary 20 follow way that had been
blazed by sheridan long previous, ana
the road was beset by difficulties par
thularly In the way OF distractions
Now, there Is an excellent road from
the park by the hole. The bears did
not give any particular annoyance, as
they seemed to be like so many dogs,
and would run away when stoned. the
deer were not at all timid, and ran
about fearlessly. No wild game, how
ever was visible outside the limits OF
the park.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
500 to $S7
LATE LOCALS.

Prof Evan stephens has gone to the
worlds fair, 20 be gone 10 days or two
weeks. r. $. Ashworth will conduct
the choir on Sunday next
Judge S, w. Stewart will call his
law and motion calendar on Friday,
Aug. 20 at 10 o'clock,
A special Knights Templar excursion
of So people from Pennsylvania and
New York points, is registered at the
Kenyon.
The state board Of pharmacy Is In
SESSION today at the City and County
building conducting examinations for
applicants for pharmaceutical certih-
Gates There are five applicants for
certificates,
Local showers have set IN making
the weather coler. though the preCipi-
tation was slight today. But more of
rainfall s predicted by tho local
wenther Office for tonight and tonor-
row. Moderately high temperatures
have prevailed In other parts Of the
country.
city supt Of Schools Christensen has
been advised by President James
Heaps Of the University OF Washing
ton. u. Co that he rs authorized To
award two free scholarships In the law
department OF that institution TO wor-
thy students ~ this city one Of the
scholarships Is 20 be given 10 young
lady and one to young man. Should
no young ladies apply for the scholar
ship then Il may be given TO "a young
man. The scholarships arc valued at
800 a year each and enttle tho holder
10 free tuition in a three years course
Any one DESTROYS Of taking advantage
NJ such an opportunity as that offered
by the University Of Washington. may
obtain further Information IN regard TO
the matter by applying to Supt. Chris.
tcnson al his office.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
COURT NOTES.

Suit has beer filed in the district
court by the Bank Of Commerce
against Dr.slI a Anderson to recover
the aum or S11i4.33 alleged to be due on
p promlssory note executed on Feb. l.,
1909 Plaintiff also asks judgment for
800 as attorneys fees
The National Bank OF the Republic
has filed suit In the district court
against j, NJ Sven to foreclosc a
chattel mortgage given to secure the
payment of plaintiffs note on which
there is balance due of $95S9l, Judg-
ment Us also asked for the sum OF $500
as attorneys fees. and that a receiver
be appointed to take charge Of the prop
crty mentioned in the mortgage and sell
the same,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
BANKRUPTCY COURT.

Thomas r Coleman, a Salt Lake en-
gineer. has filed petition in bank
ruptcy with the United states court his
Liabilities being $3.50 and his assets,
$40. The following persons were dis
charged this day, from bankruptcy, NJ.
v, Korupkat Salt Lake Robert l..
Henry, Mercur, Gordon Goodwin, SEQ
field Philip Dern. Salt Lake. Mrs.
Emile Mnor Van Blarcom, Salt Lake;
Augustine Goodmansen, Salt Lake
John $, Snow, Salt Lake; stephen
Markham, Robinson,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
LITTLE GIRLS GOT 81,
Picked Up Lady's Handbag on Street
And We're Rewarded,

An ogden party came down last eve
ming to Salt Lake in an automobile, and
at the intersection of West Temple
and Second South streets. one Of the
party lady, dropped her reticule
overheard. II was Immediately picked
up by two little girls, who brought II
into Hnrs drug store, hoping whoever
owend It would call And sure enough
the owner did come rushing into the
drug store Immediately afterwards ask
ing IL any one knew Of the finding Of
her reticule She Identified her proper
~, aud rushing after the two girls gave
them n dollar.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
SHORT CIRCUIT.
Entire Electric Services of City Shut
Of This Afternoon

The entire electric power went off in
this city at 2IO p. m. today, and for
dependent on the fluid for its operation
stood stock still The engineers said
the trouble was short circuit some
where on the ogden line, but It could
not be readily located The steam aux
Hilary plants were Immediately fred UP.
and power derived from them as soon
az sufficient steam pressure could b. Sc
cured
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23

~ at that Prices quoted at p. M,
one day by wire, viii not hold good
for the next morning
Local prices on -four We're cut this
morning 20 cents, with the expectation
that there will be a further cut of 10
cents later on. Present retail prices
are $3.50 for Fancy Bakers; $40 for
Straight Grade; $3.50 for High Patent
The members of the Salt Lake Produce
exchange propose to meet any cut that
may be made by the one miller and any
commission house not members OF the
exchange irrespective OF what the fig
ures may be.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
Tennis Championship.

Newport, II. l., Aug. 23,-In the ma
tlonal tennis championship matches
here today, Clother defeated Larned In
the semi-fnals three sets to two The
score was Ca 3-6 80, 6-2, 6-3.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
DIED AT ST. MARKS.

Edward trcdricks0u. n rallroadman IN
tho employ ~ the oregon Short Line ana
who was brought down from Pocatcllo
suffering from typhoid died az st. Marks
this morning Deceased. who lived AT lje
First Avenue south, pocatcllo. leaves
wife and infant child
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
BELIEVE 1T MURDER.

w. a. Nelden says that the reports
In one OF the morning papers that A.
$. Ycrmillion was In llnapcial difficult
ties or that he was dissipated are en-
urely without foundation. Mr.. Nelden
says that Nermillion was scrupuously
honest ana upright In incurrng obllga-
lions OF any character and that his
treatment OF his fathers family was OF
the kindest and most considerable ma
ture. Mr. Nelden also denies that the
young man sulclded. and claims that Il
Is a case OF murder. Nermilli6n was
IN the office Of W. A. NeGen & cos
drug house only yesterday afternoon,
ana was then In the best Of spirits. anu
talked ~ the pleasure he had IN being
able to send his mother on a pleasure
trip,
At the drug store Of +, j. Hin g. CO..
II was claimed also that It was a case
of murder rather than suicide, and
that the deceased was much respected
IN the trade.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
$l4O to sos

Terms cash, or Sc to $40 monthly up,
Some handsome $500, $3.50 and $3.50
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
S85 to $3.50

Terms cash or payments So to $40
monthly up,
"a few new 1915 to 1926 upright pi-
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23
SOS to 1887

Terms cash, or payments $40 month";
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-08-23

Los Angeles. al. ave. %. so re
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1904-04-16

came in last evening from the
ranch for a short visit in town.
w. H. WEIGH of Texarkana,
Texas, is in the city, being regis
tered at the Hotel Miller.
A. Y. Baker and Harry Wallis
came in Friday afternoon from their
ranch, where they have been busy
branding their spring crop of calves.
]. S.. Conner, a well known
merchant of Hattiesburg, Miss,
arrived by yesterdays stage.
Mr.. Conner is here to look at the
country.
Mrs. H. M. King, owner of the
great Santa Gertrudes ranch. came
up Monday from Corpus Christi
and. at once left for the ranch
Alice Echo.
Geo. w. Wallis, of Lindsey e.
Wallis, brick makers of Olmito,
was in town today attending to
business matters. Mr.. Wallis,
like nearly all other progressive re-
sidents of the surrounding country
district, has inscribed his name
on the roll of honor as a regular
subscriber to THE HERALD.
L. G.. Brewer of Harrington came
to Brownsville yesterday OH bust
ness, returning home today. He
that the artesian well Dor
ing outfit, which is being operated
at Harlingen by Randolph Robert
son, has not yet struck flow, but
is still at work with hopes of
soon striking a good supply of
aqua buya. Water is now hauled
from wells two miles away.
The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1904-04-16
IN SCHOOL DAYS


Still sits the schoolhouse by the road
A ragged beggar summing;
Around it still the suImachs grow,
And blackberry vines are running.
Within the masters desk is seen
Deep SCARED by raps official;
The Wrapping floor, the battered seats
The jack-knife's carved initial;
The charcoal frescoes on its wall,
Its doors worn sill, betraying
The feet that, creeping slow to school,
Went storining out to playing!
Long years ago winter sun
Shone over it at setting; g e.;
Lit up its western window-panes,
And low-eaves' icy fretting.
1t touched the tangled golden curls
And brown eyes full of grieving
OF one who still her steps delayed
When all the school were leaving.
For near her stood the little boy
Her childish favor singled;
His cap pulled low upon face
Where pride and shame were mingled.
Pushing with restless feet the snow
To right and left, he fingered
As restlessly her tiny hands
The blue-checked apron fingered.
He saw her lift her eyes; heSfelt
The soft hands light caressing,
And heard the tremble of her voice,
AS if fault confessing.
Pm sorry that I spelt the word;
hate togo above you, ~ So
Because" 1.-The brown eyes lower fell
"Because, you see, / love you'll
Still memory to gray-haired man
That sweet child-face is showing,
Dear girl! the grasses on her grave
Have FORTY years been growing!
He lives to learn, in life's hard school
How few who pass above him
Lament their triumph and his loss,
Like her-because they love him.
Whittier.