davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
SWIFT & co. IN CONTROL.
A Generally Accepted Fact That the Com
pany Controls the n. E Packing Industry.

Chicago. Jan. 22.-The organization of
the John p. Squire & Co. corporation for
the ensuing year. which was effected here
today with the choice OF w. C. Swift of
Chicago as chairman OF tho new board
of directors, Is interpreted In business cir
cles az signalling the attainment OF K. G.
Swift a Co. OF the complete control of
thepaclSing industry in New England.
1t Is now generally accepted that II.
c. Swift & Co., are in control of the North
Packing and Provision company. the Bos-
ton Packing and Provision company and
the John +. Square company as we'll as
other smaller packing establishment in
New England.
Louville b. Niles OF Cambridge. who
was today elected president OF the Squire
company, formerly was one Of the man
ayers of the Boston Packing and Pro-
vision company. other officers are John
r. Crooker. general manager: f. d. Whit
ford, treasurer K. p Barnes of New
Haven, Conn. Vice president.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
LEASE
is NOT
FORFEITED.
Appellate Courts Decision in
Case Of Granite Building Co.
VS.. VIM. R. Greene ct Al.

Judge Douglas today handed down the
supreme court IN the case OF Granite Bull
ing corporation vs.. William r. Greene ct
al. This was an action OF trespass and
eJectment brought against William X.
Greene for the premises al the corner OF
North Main street and Market square,
which the plaintiffs originally leased TO
Harris & Greene. on the ground chat the
lease was broken because the defendant.
contrary to a provision OF the lease sub
let part of the premises FOR the purposes
Of liquor saloon
This case has been a long time In court
and I'm concluding the opinion. which con-
tains an exhaustive consideration OF
points raised. Judge Douglas says:
"The lease under consideration pro-
vides against assignment, but does not
forbid subletting. II imposes a condition
that the lessee shall not sell liquor but
does not require him TO see that no liquor
is sold on tns premises. The provision
with respect 10 the sale OF liquor Is inter-
lined and seems 10 have been added as an
afterthought without much care or atten-
ton TO the context. II the parties con-
templated the greater responslDiHty Wnicn
the plaintiff now contends for, these were
apt words, for tho purpose which coulc
have been found In any book of forms
The original lessees assigned their term
to the present defendant and upon this
breach could have entered and terminated
the letting II did not choose 10 do s,
but accepted the defendant as It's tenant
Coming In as he does, the assignee under
the written instrument he has the right
10 claim that II expresses all the terms
of the letting. The lesson has permitted
him 10 take IL exactly as IL is. Onder-
standings and conditions. II any there
we're between the original parties outside
Of the written CONTRACT to which the de-
fendant has become a party. do not affect
him and cannot be considered In the de-
termination OF his rights.
I'VE conclude. therefore. that the con
struction upon which the plaintiffs whole
case Is based must fail and hence that
the defendant has not forfeited this lease
AS the court thinks the plant upon
which the case turns might have been
raised on demurrer no costs are allowed
the defendant
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
DEMURRER OVERRUlED.


Defendants demurrers to the PLAINTIFF s
declaration In the case OF Agnes v. Me-
Cauley VS.. Rhode Island company have
been overruled by the appellate division
Of the supreme court. In her declara-
ton the plaintiff recited that she took
passage on car from wanskuck. and
owing TO the crowded condition OF the
car was forced with others to stand up.
AS the car was ascending Constitution hill
II was brought 10 sudden and unusual
stop and one OF the other passengers who
was obliged to stand up was necessarily
by reason OF the sudden and unusual stop
ping OF the car was thrown against said
plaintiff and she was greatly hurt
The defendant demurred on the follow
ing grounds: 1. That II does not appear
In and by said first count what was the
proximate cause Of the accident whereby
one OF the passengers riding In said car
was thrown violently against the
plaintiff. 2. That it does not appear in
and by said count that said passenger
thrown violently against the plaintiff as
aforesaid was free from negligence"
Judge Dubois wrieS~ the opinion OF the
court and the most important part OF the
opinion is as follows; 'It Is necessary for
the plaintiff 10 set out aptly In her deola-
ration the proximate cause OF her injury,
and this she has done by alleging the
careless, negligent. sudden and unusual
stopping OF the car upon the hillside re-
sulting In the propulsion OF a fellow pas
senger against her 10 her injury. IL is not
necessary for her 10 set out the proxi-
mate cause OF the car more fully than she
has done.
"A fair construction OF the allegation
is that such a throwing was the inevita-
bic result OF the defendants conduct or
misconduct and sufficiently negatives
any Inference that such throwing OF the
passenger was the result OF any inde-
pendent or intervening action OF his own"
IL is further held that II appears from the
declaration that all the occupants OF the
car must have been affected IN different
degrees, according 20 their respective DO
sitions and surroundings. by the sudden
cessation OF the cars progress and moth
Ing appearing 20 the contrary. we may
assume that they were average speci-
mens Of ordinarily sane humanity. con-
Quoting themselves with reasonable de-
gree OF propfiety."
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
FINANCIAL
BULLS AND BEARS.

Wall Street, Jan. z7--Openins prices
showed advances OF varying fractions sx-
tending TO about q point In the Penna
subsidiary companies. southern railway
pfd-. and Illinois Central. Then were
transactions OF 1000 90 800 shares
IN many OF tho prominent stocks. Anal
gamated Copper and Realty ptd-. declined
small fractions.
Enormous selhns to realize net tfs ini-
tial riee but tho market absorbed the sell
ing well and reached higher level
Persistent pressure against Amnlgamated
Coppsr oaaisod M 10 lose a point Princi-
pal advance were IN ordinarily neglected
stocks. a. cotton oil locomotive. Consolt-
dated Gas, Peoples Gas, Mnseed Pressed
Steel car. Republic steoi pfd.. Rubber
goods United States Railway investment
pfd-. North American. Continental Tobec-
co pfd-. Chesapeake and Ohio, Denver and
Rio Granue pfd.. Wheeling and Lake Erie.
Northwestern and Detroit Southarn pfd.
In the active division. Rook Island COM
mon and pfd-. Atcfdson pfd-. Illinois Gem
tral and Metropolitan street railway led
with seils of q point or more. Southern
railway pfd.. and sugar improved Sloss
sheffield stes, px and NaShviiie. chatan-
ooga and st. Louis eh
Michigan Central lost 7. some stocks
were slig,ltly off at II O'Clock bat the hd-
vance was In fun swing at other points.
st. Paul rising a point
Trading sfaokened decidedly when prices
eased of. Sugar initiated the msddAy
rally. it's bulge TO near 13o pulling up the
general hat symparhettcany. baltimore
and Ohio and 81 Paul touched the high
est but the market generally did not re-
cover fully. International pump and Vir-
ginia. Carolina ChemSoai pfd.. were lifted
q and Continental Tobacco pfd ~ Gen.
trail Railway OF Now Jersey fell OF IA.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
COTTON
MARKET
BULL|SH.
Activity Of Bull Leadership
Caused TumuIt Of Excitement
Never Before Witnessed.

New York. Jan. 22.-Cotton reached IS
cents for the July option In the local
market today. Sensational strength at
Liverpool. where spot cotton advanced
to eight pence, or about 16 cents pound.
continued receipts strong spot advices
and increased activity OF bull leadership
plunged the New York market into tu-
multi OF activity and excitement such as
has not been witnessed before during
the present upward tendency.
New high records were made. The
opening was strong at an advance Of six
to 21 points. with March and May show
ing the greatest strength.
The former sold at 14o5. but on the
call May at 1880 and July at 14.94. There
was a reaction from first prices but the
market soon turned firm and worked up
wards. July going To Is cents before the
end OF the first hour.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
ATTORNEY HAYES I'LL.
On That Account Trial Of the William M
Harris Case Could Not Proceed.

There was to have been a further hear
ing In Judge Dubois court today OF the
suit of William NJ Harris against :hs
santee River Cypress Lumber company.
Plaintiff alleges n breach OF the con-
tract under which ne purchased some
lumber and defendant says the contract
was executed by one OF then agents sub
ject TO defendants approval and that II
declined TO ratify the contract
The trial did not proceed today as
Henry w. Hayes. counsel for plaintiff,
sent word 20 the court that he was sick.
This was quite an annoyance to defend
ant as there were a number OF witnesses
here from the south
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
RESIDENT
OF THIS
CITY.

In the municipal court this afternoon
Judge Sphinx decided that John ]. Bani-
gan Is legal resident Of THIS city and
In consequence he grants the petition
prayed for by Mrs. John j. Banigan and
a guardian of the Banigan estate will be
appointed.
The petition OF the appointment or a
guardian for Mr.. Banigan's estate was
brought by Mrs. Banisan. who claimed
that her husband was a habitual drunkard
and that he being unable TO care TOR mis-
property was liable TO become a charge
OF tho state. John W. Hogan,
who appeared as counsel for Mr.. Banigan,
claimed that his client had established
a residence In the town of Westerly, hav-
ing been a taxpayer and voter In that
town for the past three years. but Mrs.
Banigan's attorney, Walter +. ANGEL
sought to prove to the court that Mr..
Banigan's residence still remained In this
city. and was consequently within the
Jurisdiction of the municipal court Of this
city, a point which Mr.. Banigan and his
counsel contested strenuously.
Mr., Hogan filed a petition TO dismiss
the petition OF Mrs. Banigan, which was
denied by Judge Sphinx this afternoon. his
Judgment sustaining the original petition
for the appointment for guardian, who
will be appointed later.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
DECISION IN
PERCELL WILL CASE,
Continued from page One.

Judge Tillinghast says the language OF
the clause shows the testator meant his
widow TO have an equal share with the
children, and while the law favors the
widows right OF dover, and 1t must
clearly appear that she is put to her
election as to taking n bequest instead
of dover, yet in this case the language
clearly shows there must be an election,
In fact his honor thinks the language Is
almost too plan for construction.
A number OF cases are cited by Judge
Tillinghast in support OF the view OF the
court and then he cites the case OF Dur
fee. ct al. petitioner. IL r. I. ~. That
case" says his honor. while not in all
fours with the one before US has a strong
bearing upon IL. and that bearing Is
clearly in favor OF the position above
taken by u.s.
The widow is held not entitled TO take
under the devise and also TO have dover
I'm said estate.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
MOTHER.
IS STILL
ON STAND.
Aged Mrs. BechteI Still Being
CrOSS.Examined In the Now
Famous Murder Trial.

Allentown. Pa. Jan. 22.--Mrs. Catherine
Bechtel again occupied tho stand today
when her trial on the charge OF being an
accessory after tho fact to the murder
of her daughter Mabel. was resumed be-
fore Judge Trexter.
Attorney Lutz assisting the district at
torney. took up the cross-examination OF
the Witness where ne left on yssterday.
He failed to shake her direct testimony.
Were you or Tom or any member of
your family In the yard early Tuesday
morning, before dayhsht?' asked Mr.
Lutz
How could we be- answered Mrs
Bechtel when we were all In bed
Referring to the open lot in the rear
OF her house Mr.. Lutz asked the witness
II there was sufficient light there for her
to distinguish the outline OF man.
.No. there is not" answered Mrs.
Bechtel From our rear window II would
be impossible 20 distinguish any person ;"
Gould you tell II man wore gray
suit or a black one?'
"I might n II was a clear moonlight
night but not by the electric light alone"
Mr.. I.utz asked the witness as TO repeat
her story OF Mabers going from" the
house on Monday, when she said she was
going out driving with Weisenberg. For
a few moments she was unable 10 make
reply. When she did answer II
was In a sobbing tone and a
voice trembling with emotion. When
questioned about Eckstein's visit 10 the
house on Monday night Mrs. Bechtel
again emphatioally denied that he spent
any time In the kitchen.
did he not go out into the yard and
meet Charles there?" asked Mr.. Lutz.
NO he did not" answered Mrs. Bech-
tel.
The cross-examination shifted TO Wei
senberg and in reply to a question from
the district attorney Mrs Bechtsl said
she had often hessd OF Weisenberg' S
threat to kill Mabel Witness said she
had seen Eckstein strike Mabel. but they
were only lovers quarrels.
Mrs. Bechtel was then asked II IL was
not true that Mabel was killed In the
second story front room OF their home
and that every member Of the family
was aware OF this fact She replied that
IL was absolutely false. This closed the
cross examination and Martha the six
teen-year-oid sister Of Mabel. was called
tc the stand.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22

Mr.. Fitzgerald said that In connection
with the very evident deS.rs OF the ma
jor1ty side TO be fair he would make a
proposition that there be a previous ques-
tion be not called until after a specified
time had been allowed for debate.
He moved 10 take a recess for 10 min
utes that conference be held 10
straighten things out and Mr. Brown OF
Newport seconded the motion. IL was lost
on a rising vote. however. and the dis
cussion continued.
Mr.. Allen had more to say and M-.
Rattey of Central Falls spoke In fnyor
OF the resolution
Mr.. Harris OF smithfield desired TO know
just what the question before tho house
was.
Speaker Buringame stated that II was
upon the indefinite postponement OF the
substitute A, but that by common con-
sent II was debateable on this day.
There was more talk OF fairness by
Mr.. Fitzgerald. who referred the Re-
publicans 10 the committees when they
said the majority wanted TO be fair.
When roll caH was taken the resolu-
ton was indefinitely postponed BY vote
OF sto SO.
STIFF FIGHT.
There was a very stir fight over the
passage OF resolution amending rule
AZ OF the house. which applies to the ad-
mission OF people 20 the floor OF the house
and as amended removes restrictions as
TO their conduct while upon the floor.
Mr. Fitzgerald and Mr.. Brown, the
Dmocratic leaders, both protested against
the passage OF the resolution. saying that
IL would leave the way open for corrupt
and pernicious lobbiests 10 came again
upon the floor and endeavor TO influence
the members
AS the man who introduced the re-
stricting clause, Mr.. Brown OF Newport
explained his reasons for 70 doing, and
cited the example of a we'll known ex-
speaker and iobbiest who often came
upon the noor during the previous ses-
sions and talked TO members about pend
ing corporation legislation.
Nearly all the Republican orators spoke
IN favor OF the resolution, however, and
II was finally passed on a party vote. %
voting In the affirmative an % In the
negative.
From the senate came bill for the
Incorporating the Y. M. G. or Paw
tucket, which was referred TO the COM
mittee on judiciary. A number OF other
matters were received and communicated
TO the proper committees. and on motion
of Mr. Allen of East Greenwich, the
house adjourned at 1874.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
BANK CLOSES lis DOORS.

Cleveland o.. Jan. 2.--The Produce
Exchange bank. corner OF broadway and
Central avenue. closed Its doors today.
The Insolvency court has appointed tho
Cleveland Trust company receiver. The
aDsets and liabilities OF the bank are
piaced at tl.too.ooo each.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
Senator Danigan Took Up Most Of the
Time Of Upper Branch Of Assembly
by Argument Against the Measure.
Business in the House.

today the rules and orders for were
year. The regular performance OF attempt
ing take made by the from the table was
induged with the resutdefea In the senate
considerable opposition the OF the minority
authorizing capital stock of the Prov
dence Gas
Senator Bangan led the opposition and in the of his
freely the franchises that have granted
quasi public corporations lively long
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
BROTHERS MURDER MAN.

baltimore. Nd. Jan 22-The dead body
OF William II. Webber. laborer employed
IN the city street cleaning department.
was found today In front OF the saloon
OF Henry Smith.
Smith and his brother Augustus A.
Smith. were arrested on suspicion aud the
latter confessed 10 the killing
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
WIPED OUT BY A TORNADO
(Continued From Pare One

Tuscaloosa, Ala. Jan. ga negro sec
tion hand who has just arrived from
Moundville says that place was totally
destroyed by the tornado and that many
people were killed and injured. The negro
says he saw the bodies OF people In many
places.
He also reports that the country for
several miles In devastated. Every doctor
IN Tuscaloosa. including the surgeons al
the state insane hospital. has gone TO the
scene.
Reports received here by telephone say
the death list so far IL estimated at 80.
The merchants OF Tuscaloosa have Of
fered every assistance TO the destitute.
Limited train No 1. north bound. on the
Alabama Great Southern railway. missed
the storm by only a few minutes.
AMONG THE DEAD.
Among the killed at Moundville are
a. IT. Warren OF Montgomery. a travel
ing salesman. Robert Powers. an un-
known boy the night telegraph operator
at Moundville. and the man I'm charge
of the railroad tank
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
SUBMITTED ON BRIEFS.


The case OF Julia Reynolds vs.. Isaac
Hahn was submitted 10 the appellate
court today on briefs. In her declaration
the plaintiff alleges that her mother was
tenant in one OF the defendants houses
and she. plaintiff was injured by the Civ
ing away OF railing or balcony There
are four grounds OF demurrer. the chief
OF which Is that the declaration does not
set forth the proximate cause OF said al
legged injury 20 said plaintiff.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
AMONG THE DEAD
70 CURE A COLD IN. ONE DAY

Take Laxative Bromo QuinIne Tablets
All druggists refund the money " n fails
to cure. h w. Groves signature is on
saoh boz &c.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
The Cotton Market.

Reported for The News by DAVIS &
DAVIS, Banigan Building.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
The New York Stock Market.

Reported for The News by N. CURTIS
FLETCHER & CO.. street floor, Bani-
On N RuildinR
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22

appreciate your kindness. especially
coming as Il did unsolicited But how
ever, even though 1 were sure OF being
confirmed boy the senate. could not con :
sistently accept the appointment, as you
know am very much opposed TO a state
police commission, and still believe as l
did when a member OF the legislature.
that each city and town should have fuli
control of its police department
Therefore I am obliged TO respectfully
decline the position 10 which you have
appointed me.
Yours very truly.
PATRICK j. MURPHY.
Joseph Haire OF Newport was nomi-
mated In place OF Mr.. Murphy. All Of
the nominations were laid on the table
under the rules.
The senate adjourned &C ais upon mo-
ton OF Senator Stiness.
As soon as the motion TO adjourn had
been passed Senator Anthony OF East
Providence announced that caucus OF
the Republicans would be held Tuesday
morning.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-22
MH MULTIPLY DHCLINEs

Mr. Murphy's letter follows
To His Excellency Jucius y. G. Garvin.
Governor OF the State OF Rhode Island
Dear sr-fn reading yesterdays news.
paper I notice that you have appointed
me a member OF the board OF police com
missioners of Newport for which I wish
10 thank yos and can assure ye0 that
The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-21
JASPER GREENS TO
GIVE DRILL AND BALL
Affair Will Take Place at the Ca
sine on April IS.

Affair Will Take Place at the Ca
sine on April IS.
The Irish Jasper Greens will give
their annual prize drill and ball at
the Thunderbolt Casino on the night
Of April rs.
They have secured the entire Casino
and grounds for that occasion and will
have it for the use of themselves and
friends only, admission being by invi-
tation.
The drill will consist only of the
manual of arms. The prizes will be
as heretofore, the company medal and
So to the winner, S. to the second
best and $3.50 to the third best.
The committee in charge of arrange
Inents consists of Lieut.. Charles V.
Hohenstein, chairman; Sergts. R. T.
Burch and j A. Daily and Privates
N. A McCabe and j. j. Sullivan. The
members of the Greens and their guest S
viii be taken to the Casino on special
cars that will be run from Abercorn
and Bolton streets.
The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-21

conditions which if neglected or unskill-
fully treated terminate in consumption.
There is no alcohol in vGolden Med
ical Discovery" and it is entirely free
from opium, cocaine and other narcotics.
Accept no substitute for cGolden Med
ical Discovery" There is nothing cjust
as good"
UI took a severe cold which settled in the
bronchial tubes" writes Rev. Frank Hay, Of
Nortonville. jefferson Co., Kansas. "After try
ing medicines labeled Sure Cure, almost with
out number, was led to try DR.. Pierces Golden
Medical Discovery. took two bottles and was
cured, and have stayed cured.
WWhen l think Of the great pain / had to
endure, and the terrible cough had, 1t seems
almost a miracle that I was so soon relieved.
UThat God may spare you many years and
abundantiy bless you is the prayer Of your
grateful friend"
DR.. Pierce's Common Sense Medical
Adviser, containing 1908 large pages, is
sent free on receipt of stamps to pay ex-
pense of mailing only. Send al one
cent stamps for the book in paper covers
or Al stamps for II in cloth binding. Ad-
dress DR.. Z. v. Pierce, Buffalo, NY.