davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17
law ON Libel CONSTRUED.

Supreme Court CONSTITUTES Law Of Libel
In Opinion Granting New Trial In
the Libel Damage Suit of Lauder
VS.. Jones.
The supreme court has handed down
its decision in granting a new trial in
the suit Of Judge w. S. Lauder of the
Fourth judicial district against E. s.
Jones, a former sheriff of the county,
for criminal libel, in which a verdict of
$4,000 damages was originally render
ed against Jones and appealed to the
upper court. That court on the first
hearing handed down an opinion sus-
tanning the decision, but afterward
granted rehearing and now grants q
new trial.
The opinion is exhaustive and lays
down the law of the state with regard
to libeL Judge Young says in the
opinion:
On Re-hearinq.
A re-hearing was ordered in this
case, upon number of assignments
which were not considered in the fore.
going opinion. The questions raised
by them have now been fully pre-
scented.
The first and it is controlling ques-
ton, relates to the admission in evil
dence, over defendants objection, of
certain affidavit made by the defend
vnh io i,,
Exhibit E." Inasmuch as we have
reached the conclusion that the adj
mission of this exhibit was prejudiciaI
error, it will be necessary to set forth
the circumstances of it's execution and
its general character to the end that
the reason for our conclusion may
clearly appear. In 1901 one Joseph
Gum, who was party to an action in
the district court of Richland county
over which the plaintiff presides, filed
an affidavit Of prejudice against the
plaintiff pursuant to the provisions of
Section 5454a, Revised Codes of 1899,
authorizing that procedure, and de-
manded that plaintiff arrange for the
the attendance of another Judge to try
his case. He was represented in the
action by McCumber, Bogart & Forbes,
a frm OF attorneys of which p. J. Nc
Cumber was the leading member. On
July 18th, 1901, Gum, through his at
torney P. J. McCumber, and upon the
latter's affidavit. caused an alternative
\ writ Of mandamus to issue out OF this
court to compel the plaintiff to COM
ply with the statute above referred to
and arrange for another judge. The
plaintiff alleged that the AFFIDAVIT Of
prejudice had not been made and filed
In good faith, and also alleged that II,
I as well as a number Of similar am
dayits which had been fled III other
cases. had been made solely at the In
stigation Of r. Il. Mel umber, and pure
y from motives 81 personal ana po-.
\ itical hostility to the plaintiff and for
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17
Che 8is,,1artk Tribu,1e.
az N. n. JEWELL
THE DAILY TRIBUNE.

Published every afternoon, except Sunday.
at Bismarck, North Dakota, is delivered by
carrier to all parts of the city at SO cents
per month, or Sc per year. The daily sent
TO any address in the United States or
lanada, postage prepaid, So per year; s. for
six months; $1.50 for three months.
THE WEEKLY TRIBUNE.
Published every Friday; eight pages, con-
tanning summary of the news of the week
local and foreign-particular attention being
laid to state news. Sent to any address,
postage paid, for 81 for one year; SO cents
for six months; rs cents for three months.
The Bismarck Tribune is the Oldest
newspaper in the state-establshed June IL,
1873. 1t has a wide circulation and is a
desirable advertising medium. Being pub.
Gshed at the capital of the state it makes .
feature Of state news, of semi.oficial char.
acter, and is therefore particularly interest
ing to all who desire to keep the run of state
affairs-political, social and business.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17
For His Small Sister

Bible ~: -. p
Prayer book
Pocket book
Box paper
Picture
Music roll
Autograph album -.
Scrap book r..
Tissue paper flower set
Little Mothers outfit .-.-
Finch :
Pit 80
- Sherlock Holmes
Dominoes
Checkers =
Backgammon
Weaving gift
Sewing cards
Games of all kinds
Box candy ~.
Youths Companion for a year
st. Nicholas for a year.
A FEW OF THE BOOKS SHE,
LIKES BEST 4&%
Five Little Peppers
Five Little Peppers and Their
Friends
Rebecca at Sunnybrook Farm
Polly divers Problem
Half a Dozen Hous ekeepers
Story of Patsy
Little Women
Little Miss Joy Sing
Doris Reconsideration
A Popular Girl
Tar Baby and Other Rhymes
Poems of Childhood ..,E.~ ~.
Patty at Home ~
Riley's Child Rhymes -,
Trixy ... -.. +,
Life Stories for Young People,
. trans. from German ~ r.
Mozart IL
Beethoven
William Tell
Maid of Orleans .#
Captain January ...,.. ~,
Melody
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17

Statesmen to sell our Pacific Coast
specialties and complete line Of Nurs-
cry stock. Liberal terms, STEADY posd-
ton. Oregon Nursery 60, Detroit,
Mich. ..5$
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17

PRINTER WANTED-A young man
is wanted to take charge of paper.
near Bismarck, printing one page
other three pages patent" Steady
work and easy work. Must know how
to set type and write locals. Address
the Tribune, Bismarck. Ny.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17
For the Wee Tots

For the Wee Tots
Little Folks Magazine for year
Painting books ;aEs%
Paint .., #fs..
Painting sets +
Kindergarten gifts =, Is
Fairy ball
/ Picture $780,.
/ Top .E.
Sectional animals IT,,
Building blocks .3..z..lts
Bank
4 FEW OF THE BOOKS
Marvellous Land of OF
Two in Zoo =. /: II: .s..> 4 IS. u.
Brownies in the Philippines
Z Sunbonnet Babies Book
Chatterbox 5. &. 4 :5ss (.
Bible Stories "A. +. 5.,.s Il !. $5z5
Snowland Folks Il RS. ..
Little Giant Ell "a. 4. II 55sss@
Five Rebellious Dolls #s 4.
Linen books from 10 cents I'M.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17

Orders taken for hand painted china
score cards,.and water colors. Emma
Stevens, cor. Thayer and Sd steets.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17
One CENT A WORD COLUMN

$4,000 and expenses paid weekly to
a reliable man to travel and collect in
North Dakota. Experience not neces-
sary. Self addressed envelope for re-
ply. Address Dept. L, So Dearborn st.
Chicago. ~ -
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17

ROOMS TO RENT 623 Front ST,
south. one block east from N. P. r. r.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-17

For Young Men
Fountain pen
Book holder
Pictures and toasts
Paper knife
Purse -
Card case .
Desk calendar and pad
1nkstand -.
Engraved cards -
Box stationery /
Diary ..-z: ssE.
r He. SMOKES ~.
Box cigars ~
Tobacco jar s..
Cigar jar @ ~.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06

owned and ridden by a member of the met
ropolitan police force: first prize, s25; sec
ond prize, SIS; third prize, $40.
Third-Ponies in harness-To be driven by
a child over fourteen years old; prize, plate
and ribbon.
Glass 4-Pair of horses over fifteen hands
high-To be shown before any appropriate
vehicle; prizes, plate and ribbons.
Glass 6-Ladies' hunters-To be ridden by
ladies; prizes, plate and ribbons.
Class S-Horses and runabouts; prizes,
plate and ribbons.
Glass 9-Pair of horses-To be shown be-
fore a victoria or cabriOlet; prizes, plate
and ribbons.
Glass 10-Hunters-Heavy weight. up to
carrying 100 pounds to hounds; prizes, plate
and ribbons.
Glass 11-Hunters-Light weight, up to
carrying 165 pounds to hounds; prizes, plate
and ribbons.
Glass 12-Qualified hunters-For the best
three qualified hunters that have been hunt
ed regularly during the season of 1903 or
1904 to be shown with five couple of Eng
lish hounds by the master and two whips
in hunt uniform: prizes, plate and ribbons.
In the ladies' class, horses are to be
shown before the carriage suitable for
lady to drive and must be driven by lady.
Prizes plate and ribbon. Prizes are also Of
fered for the military branch of the gov
eminent the prizes being $25 $1o and SO
for excellence of military seat and horse
manship at the different gates.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
Mccoy EASY VICTOR.
Whipped Big Placke in Less Than Four
Minutes,

It was the pigmy against the giant when
Charles (kiD Mccoy met Henri j. }.
Placke. the heavyweight champion boxer
of Holland, in the arena of the Lenox
Athletic Club. Philadelphia, last night. Nc
Coy won in less than two rounds, because
the foreigner did not know the first rudi-
ments OF boxing. When the men advanced
to the center of the ring to receive their
Instructions. Placke lowered above his
skillful opponent. He admitted to weigh
ing 241k pounds and was q feet inches
tall. Mccoy weighed 1853, and, as the
devOtees of The sport know. is feet 101a
inches in height.
At the tap of the bell Mccoy endeavored
to feint the giant out. The latter sent
out his left arm, straight and in a rush
fashion, catching Mccoy Off guard, and
the latter was driven clear across the ring,
the plush-covered ropes saving him from
going off the stage.
This bit of liberty was Plackes undoing.
Mccoy, on regaining his feet made several
wild swings. then poised for an instant and
caught the big Holander with right hook
on the jaw, and the latter went down for
the count. He was on his feet when nine
seconds had been tolled off. Mccoy was
after him instantly and brought all his
ring generalship into play.
Quickly realizing that Placke could nei-
Their box nor defend himself, the agile Nc
Coy was in and out at an astonishing
pace He changed his tactics and began
leading with his right hand. He dropped
the physical giant twice with right hand
leads on the jaw. and when the bell ciat-
tered ending the round Placke was on the
floor from the effect of short-arm hook.
which landed while he was Keeling around
the ring.
The second round was merely perfume
tory. Placke had taken a great beating
without wincing. In the first thirty sec
onds he was dropped with a well-timed
blow. and covering his face with his glove.
he made no effort to get up. Referee
Schlichter humanity declined to count on
the seconds and stopped the bout
Prior to the contest Charley Mitchell
the ex-champion heavyweight of England
was introduced and received a great oya-
ton.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
A Blow at the Loan Sharks.

From the Chicago Tribune.
The New York senate has passed bill
which its author believes will protect the
wage earners against the loan sharks, who
are as voracous in his state as they are
in Illinois. The bill provides that any per-
son. firm or corporation making a loan to
be repaid out of salary or wages due or
to become due shall within three days no.
tify the employer of the fact and give him
a copy of the agreement under which the
loan Is made. Unless this is done the lender
will be denied the aid of the courts to get
the money If 1t is not paid. AS a rule the
employer knows nothing about these agree
mentS until the emplOye, having been bled
til he can stand 1t no longer. refuse to
pay voluntarily, and the usurer appears
with his demand that the mans wages be
paid to him. If the employer knew at the
beginning that the employee had bound HIM
could tell that ignorant man what the
law was, and keep him from plunging into
bottomless pit of debt. The loan shark
relies on the ignorance of the borrower
and calculates that by reason of it he will
be able to get out of him in short time
in interest the amount of the loan several
times over, while the principal still remains
due. That kind of business cannot be car
ried on with the knowledge of the employer
If the bill which the New York senate has
passed becomes a law and is found to be as
serviceable as it's author thinks ii will be-
the Illinois general assembly when it meets
next year may deem 1t expedient to legis-
late in the same direction.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
ON WINTHROP HEIGHTS.
Demolition of Buildings to Make Room
for Railroad Tracks.

Special Correspondence of The Evening Star.
WINTHROP HEIGHTS d. c.. April q. 1904.
The work of demolishing a number OF
frame structures just south of this place
to make way for the tracks OF the Penn
sylvania railroad to the union depot goes
merrily on. Last Sunday morning fire ac-
complished the complete demolition of two
small frame dwellings a short distance from
the Baltimore and Ohio tracks. The houses
were occupied by Annie Edwards and Mary
Edwards, both colored. The flames broke
out about 4 O'Clock am, and the dwellings
were quickly consumed. The occupants
were In Washington at the time, but their
furniture was saved by the quick work OF
their neighbOrs. The cause of the fire re-
mains a mystery.
Mr. j. w Gibson. former postmaster OF
this place, is confined to his bed by a Sc
we're attack of illness, the result of the
harsh weather last winter.
DR.. l.. c. Loomis is making a number OF
improvements on the Heights" A brick
foundation has been laid for a pretty cot
tage within few yards of his former resi-
dence, while another of his cottages 10 be-
ing extensively improved
The warm spring weather yesterday
brought a number of parties composed OF
ladies and children to the woods In this
vicinity in search of the dainty and poetic
trailing arbutus. After scratching through
the masses of dank autumn leaves with
which the forests are thickly carpeted, quite
a number of the choice flowers were Sc
cured.
Lieutenant of Police John C. Daley is taxi
ing steps to organize a lodge of Good Tenn
plars with a membership drawn from the
residents of Langdon and Winthrop
Heights. There are a number of former
Good Templars in this vicinity who will,
it is believed, affiliate with the proposed
lodge.
Boys building bonfires came near causing
a serious confiagration several days ago.
The flames swept over a tract of dry grass
resembling a miniature prairie fire and
scorched several trees and a telegraph pole.
The police took prompt steps to prevent =
repetition of the affair.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
COURT TENNIS.
Narrowing Down to the Finals for Ma
tional Championship.

Six of the series of ten matches for
the national court tennis championship
have been decided in New York, and of the
twelve men who entered Joshua Crane, jr.,
and Austin Potter. jr.. of Boston, and 0. 5.
Campbell E. A. Thomson, c. s. Sands and
]. H. Morgan of New York remain.
Today, in the second round. Campbell will
play Sands and Crane will meet Potter.
The winner of these matches will play Nor
gan and Thomson respectively on Thurs
day, and the survivors will meet in the
final match on Saturday afternoon.
Yesterdays matches were more inter-
esting than those played on the opening
day, and they attracted many members and
guests to the New York Racquet and Ten
mis- Club. The summaries:
A. Potter. Boston, defeated w. Il. Dins-
more, Tuxedo, 60, 81. 6-1. F. A. Thorn
son. New York, defeated Deane Miller, New
York, 6-1, 6-5. 40, 3-8 81. j. Ii. Nor
gan, New York. defeated M. S. Patton, New
York, Ga 80 Gu 81.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
Barney oldfield Disqualified.

Barney Oldfield and E. c. Hausman. the
auto drivers, who have been racing in the
south since the Ormond meet, were yester-
day suspended for an indefinite period by
the racing board of the American Automo-
bile Association.
The action taken was due to the drivers
comp citing in unsanctioned events at Savan-
nah February % and Birmingham March 8.
Promoters of all future meetings are warn
ed that sanctions will be withheld by The
A A. A. unless such disqualification is en-
forced.
The racing board also decided to assume
authority over all racing of high-speed mo-
tor boats of the racing variety in America.
A motor boat race committee will be ap-
pointed, consisting of A. r. Pardington,
chairman; L. r. Adams and two others TO
be named by Mr.. Pardington. General
rules for control were adopted. The A. A.
A. will in no way conflict with the Amer
lean Power Boat Association. with which it
will work in entire harmony.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
NEW BASE BALL RULES.
Umpires and Pitchers Puzzled Over
Changes Il Delivery.

The poor base BAH umpire is in for it now.
The knights of the Indicator had such an
easy time of it last season as compared
with previous seasons that the position was
beginning to be, Locked upon as rather an
easy one. Now comes the base ball season
and some more new rules which are making
the umpires and the pitchers remain awake
at night t5ol.9a
Followers Of the game have become accus-
toned to changes inothe rules They look
for them every season, but there is some
thing strange about the way the rulemakers
have gone about their duties for the season
of 1904. When the two leagues held their
meetings in New York month ago it was
officially announced that the only change
made in the rules was in regard to permit
ting two coaches on the lines at all times
Another rule in which there has been the
greatest change is in regard to the balk.
Hereafter. when the pitcher takes his posi-
ton, facing the batsman with the ball in his
hand. he must not make the slightest move
ment of his body whatever without pitching
the ball or throwing it to first base pro-
ner. This will prevent the pitcher from
making fancy movements, from delaying
the game by making bluffs to pitch the ball
and then stopping half way and various
other maaeuvers some of them go through
to keep the batsnan or base runner guess
ing.
The idea of the rule Is good one. 1t was
made to increase base running, for which
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06

players for the Washington club Mr.. john
son said that nothing definite could be said
along those lines, as the local people had
not fully made up their minds what posi-
lions would need Strengthening.
There was no news to be given our regard
ing Patrick Donovan. He is in Cincinnati
comforting with President Hermann of the
arbitration board, and it is probable that
his case will be settled one way or the other
by Saturday. Donovan is confident that he
will be allowed to come to this city.
All the players in the city were out at
the old park this morning and went through
their regular practice. First Baseman Stahl
has been attracting favorable attention
from the regular spectators and everybody
believes he will make an ideal guardian of
the initial corner He has tremendous
reach, is sure on thrown balls and picks up
grounders very well for big man. At the
bat Jake shows decided improvement over
last year in not hitting at the high ones,
and his bat should be- big factor in many
of the contests. y'i1
No new players reported to Manager Lof-
tus this morning.
Out at the new park, material Roadway is
being made all along the line. The bleach
ers two tremendous structures, are almost
up, leaving only the grand stand to COM
plete the improvements. The sod has been
removed from the old park and will come
in handy to improve the diamond of the
new field. -a1 80 roo
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06

league magnates will soon be hunting hin
up. Apperious can play with the WashingJ
ton club whenever he wishes.
Schwartz, the Clevelands' new utility inj
fielder, is but nineteen years of age. He II
more than six feet tall.
Spectators at a game at Tampa, Fla.
mobbed the first baseman of the Cubafl
team and the contest was declared OF.
The Cincinnati Colts made but four hitd
in their game at Fort Worth Sunday. Nd
player got more than one.
The Giants claim that George Browne ID
the fastest sprinter in the league, and ara
willing to match him against any conner for
a purse.
A lame arm epidemic has struck the
Cleveland players. None of the team can
put any speed behind his efforts Just at
present.
Honus Wagner had four errors yester-
day. Honus has a very sore thumb and
isn't taking any big chances on hurting It
again.
Lee Tannehili Is playing a phenomenal
game at short for the Chicago Americans.
and Manager Comiskey now is shaking
hands with himself that he did not let the
youngster go last season.
Turner the Columbus infielder, who was
touted as a sure man for the Clevelands
for this year. has not been hitting the ball
with any degree of success in practice, and
may be sent back to the capital city.
Fred Clarke was made the victim of q
joke night before last. A Louisville ball
WAS iotheu up, but gave the udho
of Bransfield, and Clarke was routed out
of bed at a m. to secure his release. When
he discovered how he had been duped the
Pirate chief yelled at the prisoner: Il hope
they keep you in for life"
Ned Hanlon handed out a most important
bit of base ball truth the other day to a
player who had tried to bunt and failed.
when he said: THE secret of bunting. my
boy, is to nick out the good ones. Don't go
after those high babies. because you pop
them up in the air and they drop in the
tureen. In other words, the catcher gets
them and you're out"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
Columbian VS.. Franklin Marshall.

Columbian plays Franklin Marshall
Thursday, April z, at University Field.
18th and c streets. at 4:3O. The first game
of the season showed the team weak at
the bat. and Saturday showed an improve
ment with sticks, but a deplorable weak
ness in the box. A number of candidates
for this position still remain untried Out
of nine aspirants to slab honors one or
two will probably make good. The team
has shown up very well in the field, and
when things get going smoothly 1t hopes
to warm things up a little. Stevenson at
first and Orison at third have been doing
especially good work, both in the field and
at the bat. Captain Belaski has been Sc
riousiy handicapped by trouble with his
legs. but is fast rounding into his old-time
form and will give good account of him.
self
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-04-06
JAPANESE PRINT CRAZE.
Now Used to Decorate Rooms and
What Not.
Written for The Evening Star

Written for The Evening Star.
Since the rumors of war first began tn
reach America from the far east the Shop
windows have displayed Japanese prints,
and the country is now in the throes of the
Japanese print craze. These show all sorts
of warlike scenes in the vivid red and blue
coloring of the oriental, on a cream back
ground
Not only war-scene prints are for sale,
but quaint prints of Japanese maidens In
jinrikshas with parasols raised overhead
and attired in bright colored kimonas.
Other prints show the girls in characters
tic attitudes. carrying babies on their
backs, going to market weaving in the
silk district. The most artistic and inter-
esting prints show the Japanese bungalow.
a temple, a mountain scene or floral effects.
A popular print shows an arbor from which
big clusters of wistaria are hanging in
three feet lengths. just as they grow. The
background is an indigo blue.
Enthusiastic faddists who not posted
on the art of selecting these prints will be
glad to know that those which have the
dark blue background are really very old,
and far more valuable.
A novel use for these prints is to make
frieze in the corner of japanese den.
The pictures may be incased in a cedar
wood frame, If desired. They may also be
pasted on a blue and white crepe cloth
frieze and used for a corner.
Sometimes the prints are framed in sep
arate cedar wood frames. and used as indi-
vidual studies. Passepartout makes a good
frame for them, especially the gilt paper.
These prints are being much used for sofa
pillows. just as the blue prints were once
utilized. Only one can be used on one side,
however, as they are large. The print 10
pasted on blue denim or satin, and white
boiling cloth is stretched over ii. This pro-
tects the print and at the same time the
brilliant coloring can be seen through the
transparency.
A pair of quaint portieres I'm den was
made of the blue denim. Prints were past
ed all over the curtains close together on
both sides. Number three blue satin rib
bon was basted crosswise and lengthwise
on the curtains to make frame. The RIB
bon was then stitched on both edges with
yellow silk thread.
Fire and bed screens are also made OF
these prints, which afford variations in
decorative schemes. Japanese screen
frames may be purchased and the pictures
mounted to suit the taste of the owner.