davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
THREE LIVES LOST IN WRECK.
American Schooner Frank w. Howe
r, ,5 u Goes Ashore.

! E r., III Goes Ashore. n. Il
Portland, Ore, Feb. PA special
to the Oregonian from Astoria says:
The American schooner Frank w.
Howe, owned at Boston, and on her
way from Ballard, Wash, to San Pc
dro, with a cargo of railroad ties,
went ashore at Sea View, Wash,
Monday She now lies in the break
ers with a heavy sea pounding her to
pieces. Three lives were lost in the
disaster to the vessel. and several of
her crew injured. The Howe was
sighted at 10 o'clock q. m. flying sig
nails of distress and about an hour
later she went on the beach. The life
saving crews went to the rescue as
soon as possible. Life lines failed to
reach the vessel and boat was then
launched which, after considerable
difficulty, reached the. distressed craft
and took of her master, Captain Kee-
gan, and six of the crew. Before the
vessel went on the beach q Norwegian
sailor whose name could not be learn
ed fell from the rigging and was
killed and William Van SAINT, the
cook, was struck by q heavy sea
which hurled him across the deck,
killing him. instantly, -
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
ADJOURNED MEETING
" OF CITY COUNCIL
City Council Disposes OF Accumulated BUSH
ness at an Adjourned Session Held
Tuesday Night.

reduction and Aldermen Smyth,
Reade, Patterson, Tatley and Nc
Gahan against and the motion was
lost. %:sl
Henry Steinmetz asked a reduction
of assessment on buildings from $500
to 5000 and the request was REFER
to the committee on taxes. 4.
. a.. City Attorney Reports. 81.
City Attorney Allen reported form
of contract with the Hughes Electric
company which was approved and re-
ferred to the mayor for signature.
The Dill of the Palladium publishing
company was reported on, the city
attorney recommending that it be paid
when the affidavit of publication re-
quested by the auditor be furnished
and the council so ordered. The bill
of Con OLeary for road work was
reported against and disallowed by the
council. i'@E 10 @":~1 ~
Certificates Of Indebtedness.
A report was also presented on the
1 certificates Of Indebtedness now out
standing against the CITY, The city
attorney stated that the only question
| as to their legality was as to whether
they were above the debt limit of the
city, when issued. Whether they were
| above the debt limit might depend on
whether only cash were considered as
assets of the city or whether all pro-
perty Of the city could be held as as
sets. The city attorney inclined to
to the latter opinion, and said that if
they were not above the limit when
all assets were considered they were
legal and should be paid.
Claims Reported.
The committee reported the bill of
John Harold as city engineer to the
state capitol commission, recommend
) ed the allowance Of the Wachter bill
at $14 and other bills to be allowed.
The city treasurer was requested to
furnish the auditor with an immediate
statement of the funds of the city.
The owners Of the building where
the council chamber is situated were
requested to furnish supply of heat
more in keeping with the weather.
The following bills we're presented:
J. G. Ritchey, pound fees. -. 500
Settler, printing!. go. -. 800
George Crawford, labor. .. 800
Geo. A. WEIGH, prisoners. 80. 1900
J. F. Fort, fees. 80. ...... PCS
The assessment of Joseph Dietrich,
raised to $4,000 through a clerical err
ror, was reduced to $1,000.
The council authorized the painting
of the hook and ladder truck. accept
ing the bid of w. S. Jones for 300.
| Adjourned.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24

bus barracks Companies e, F, c and
H. The regiment will be commanded
by Lieutenant Colonel Woodbury., the
present colonel, Haskell, being about
to retire with an advance rank.
The war department has in the past
strenuously denied reports that it in.
tended to send troops to the isthmus.
but, it is now explained that statement
only applied to conditions as they ex-
listed before the United States acquir.
ed vested rights through the acquisi'
ton of the canal zone by the ratitlca-
ton Of the canal treaty.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24

The city council met in adjourned
session last night and disposed of
business remaining from the last regu-
lar meeting. =.
Jury List.
A requisition from the county audi
tor for Is names for jury list was re-
ceived and the council drew the fol-
lowing names:
Ed Smith, John O'Leary, Frank
Kuntz, NJ E. Shelton Austin Logan,
Chas. Campbell, George Robidou, J. H.
Marshall, w. E. sellens, G. D. Edick,
A. N. Leslie, Jacob Horner, w. s.
Jones, l.. M. McGlashan, John Boyle,
VIM. Sunderland, Richard Penwarden,
A. E. McGahey, Erick Sundquist, H. c..
Rhud, Robert Orr, Thos. O'Leary, John
Auxier, S. H. Scott and w. H.
Webb, Jr.
Water Company Bills.
A communication from Supt. Wilcox
of the Bismarck Water Supply COM
pany stated that the company agreed
to make what water connections were
desired by the city of Bismarck under
its contract, and asked that warrants
be drawn for the amounts due the
company from the city. On motion
the auditor was directed to draw war.
,, rants where there were funds to
cover them.
The petition of L. M. McGlashar
asking for a reduction of persona
property assessment was referred tt
the committee on taxes.
Grocery Company Assessment.
| Robert Orr of the Bismarck Grocer,
company asked for reduction of as
sessment from $4,000 to $4,000. HI
stated that the company had given it:
assessment at $4,000 and that it hat
been raised by the city board Of
equalization. He had been out of the
city at the time and could not appear
! before the board. He stated that the
inventory Of the company's property
on April list showed valuation of g
! little over $31 900 and that on forty
per cent basis the assessment of $12,.
900 would be about fair in comparison
3, with other property. Mr.. SlatterJ
moved the granting of the reduction
asked and Alderman Jackson second
ed. DR.. Smyth stated that he would
like further information before voting
on the matter Other requests for re,
duction were coming in and while hi
wanted to be fair in this matter he
did not want to vote for this and ther
| vote against other requests which
might be as we'll supported. Alder
man Reade opposed granting the re-
duction. On roll call, Alderman Stat
terry, Jackson and McGillis voted fol
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
h NOT VET BEATEN At SEA.
Russians Said to Be Planning a Sur
prise for Japs.

ia Picking, Feb. 24.--Advices from New
sShwang, where q number Of Admiral
Alexieff's principal officers are quar-
tered, represent the Russians as rid.
iculing the idea that the menace Of
the Japanese army is SO great that
the cars troops must fall back to
Harbin to avoid q disastrous envelop-
Ing movement, sa M $
1t lis said that the Russians are pre-
pairing to contest every foot Of ground
against any japanese attempt TO Oc-
cnpy Nanchuria, and that IN due time
they will drive the mikado's soldiers
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24

or which causes him to be stunned, or
avoided is libelous and actionable.
The alleged libelous publication
involved in this case is in the form Of
an affidavit purporting to have been
made BY one Wendall Of and concern
ing the plaintiff in his judicial capaci-
ty. and published by the defendant by
delivering copies thereof to divers
persons. A copy of the affidavit is set
out in full in the opinion. Held, that
said writing Is defamatory and action
able in this: that "a it directly
charges the plaintiff with wilful re-
fusal to perform q legal duty and in
directly charges that such refusal was
from corrupt motives; (2) it fairly.
charges the plaintiff with betraying
confidential communications to an al
legged criminal for the purpose of
shielding him and (3) by insinuation
it charges that the plaintiff was privy
to q corrupt agreement whereby, for a
money consideration, protection was
extended to law violators. - =.
: Under section $3.50 Revised Codes,
the defendant in libel case is author
lied to plead as q complete defense,
the truth of the matter charged to be
defamatory; and also to,5plead any
mitigating circumstances. to reduce
the amount Of damages and whether
he prove justification or not he may
give in evidence the mitigating cir
cumstances.' y r. 2rs ~t9l* 49,
"The truth Of the alleged defama-
tory matter as well as facts in miti-
cation are new matter and to be avail.
able as defense under section $3.50
supra, must be. pleaded in the answer
1T was not error therefore, for the
trial court in this case, there being no
answer by way Of Justification or, in
mitigation, to exclude evidence offered
to prove the truth Of. the. statements
contained in the libelous AFFIDAVIT.
"This case is one where punitive as
well as compensatory damages are
allowable and. the question of the
amount is peculiarly within the prov.
ince OF the jury. We are unable tc
say that the amount Of the award
seven thousand dollars. is so large
that It shows that the jury acted under
the influence of passion or prejudice
Appeal from an order of the district
court Of Richland county, Hon. Johr
3. Cowan, Judge, presiding by request
Charles e. Wolfe and Guy G. H. Cor.
less for appellant. :<.s
So w. H. Redmon, J. A. Dryer, Purcell
and Bradley and F. NJ. Nye for re-
spondent. s4@a.$ b.. ~
q Opinion by Young, G. J.. - :
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
THREE MEN KILLED.
Locomotive Blows up With Terrific
Force. $gs S5sS

# JohnstoWn. Pa, Feb. q. The blow.
ing up OF q Pennsyl railroad To-
connective at Ehrenfl Held, ten miles east
az this city, caused the death OF three
men and the probable fatal injury Of
two others. All were railroad employ
e.
The boiler was blown 4 distance Of
s1lfty yards, the wheels and running
scar remaining on the track. The
boiler Was full Of water. the engine
was steaming freely and working hard,
and Il Will probably never be known
what caused the explo sion.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
LAUDER-JONES CASE
IS AFFIRMED
Supreme Court Affirms judgement Of Lower
Court In Libel Case Of Judge Lauder
Against E. S. Jones.

The supreme court today handed
down decision in the case Of Judge
w. s. Lauder of the Fourth judicial
district of the state against Evan 8.
Jones. affirming the Judgment Of the
district court which gave the Judge a
verdict Of $1,000 for libel. The al
legged libel occurred during q hot
political campaign in Richland county
in 1902, when the Judge was stated, to
be q candidate for Judge Of the SUI
.preme court Of the state. Rev. Elmer
8. Wendall Of Montrose, s. D., made
an affidavit charging the Judge with
divers Qffenses, among them that he
refused to perform his official duties,
that he diyuIged official matters to
law breakers to enable them to escape
justice and that he corruptly received
money from violators Of the prohibi-
ton law, it being charged that
Ralph Maxwell, blind pigger, at
Lidgerwood paid for protection from
the court. The affidavit Of Rev. Wen
dali is set forth in full in the opinion
of the supreme court and covers four
type written pages. The charge
against Jones was that he published
the libel by circulating it, sending
copies to. various persons by mail and
otherwise. Action was brought against
him by Judge Lauder for libel and the
case was tried before Judge Cowan.
the jury returning a verdict for $1,000
damages. An appeal was taken to the
supreme court, and the case, was
argued at the Grand Forks term by a
long list Of prominent attorneys. h
The supreme court in, Affirming the
judgment Of the lower court, hands
down an opinion covering twenty
pages, dealing with the ten errors as
signed by the appellant, and the sylla-
bus OF the decision is as follows: +:
Where the language Of an alleged
libel is fairly susceptible Of q construc-
ton which renders it defamatory and
therefore actionable, even though II
is also susceptible Of construction
which would render 1t innocent, the
complaint states cause Of action and
It is for the jury to determine whether
the words were used in an innocent OF
/ a defamatory sense. %E. ...s,,
cit Is not necessary to render words
defamatory and actionable that they
shall make the defamatory charge In
direct terms. It may be made Indirect.
" and Is not. for that reason the less
actionable. s5s M u.
Under the statute Of this state
Section 2715, Revised Codes, every
false and unprivileged publication b,
writing which exposes any person t.
hatred, contempt, ridicule or obloqu,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24

lIQuUr anu r1Toie shot him because
he had not provided more. John Ba-
\ tise Aiello, another Italian sentenced
to be hanged with Pallone, was respit-
h ed by the governor. -. - B.. =. -,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
RESULT OF JEALOUSY s,

lows Man Wounds His swsetheart
With Pocketknife. 5fs
Cedar Rapids, Ia, Feb. "a. Daque.
Thompson, III q quarrel with his sweet
heart. Miss Pearl Jones, cut her throat
with q pocketknife. He is under ar
rest. The girf will recover. The deed
Vas the result Of jealousy
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
PAYS EXTREME. PENALTY. IA
James Martin Hanged for Murder at
SD 5.$ Butte. Mont. II

Butte, Mont, Feb. "a. James Mar
tin was hanged during the day for the
murder OF j.. n. Williams at Silver
Bow Junction In May, 1902. The trap
was sprung at 4 AZ a. m. The hang.
ing took place in utter darkness and
the only indication that the trap was
sprung was the thud. His neck was
broken by the fall. Martins only
words on the scaffold were: Good
bye, God bless you all. = .l.s
The crime for which James Martin,
as he was known, was hanged, was
the killing Of John r. w lliams, rail
road fireman. In an attempted hold-up
q May 10. 1902.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24

out OF Korea. 1t is limited that when
Korea has been cleared the Russians
will take fitting measures against
those Korean officials who are now
smoothing the way for the Japane~e
advance. Russia, according to the
Newchwang coterie, is not yet van
quished at sea-a fact events in the
near future are likely to demonstrate.
This intimation is regarded as indicat-
ing that the Russians are planning to
lull the Japanese into false sense of
security and then to make a sudden
attack on their transports
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
AMENDMENTS DEFEATED.
House Continues Discussion Of tn,
u Naval Bill. . u.s..

Washington, Feb. 24.-The naval ap
preparation bill was taken up in the
house, Mr.. Foster (Vt.) being made
chairman of the committee of the
whole and the reading of the bill for
amendment continued. ::
In endeavoring to get the amount fol-
the New York navy yard increased by
$40, 100000, Mr.. Fitzgerald IN. " de.
clared that by no other committee of
tho house was ''the cohesive power of
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24

PUBIC, plumber" so remarkably exem.
plified.
After a somewhat heated col1oquy
between Messrs. Foss and Fitzgerald,
the amendment was defeated.
Mr.. Fitzgerald offered another
amendment appropriating $1,50O,00G
for the improvement of the New York
navy yard, which also was defeated.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
LOCOMOTIVE ExPLo DEs.

Engineer and Fireman Meet instant
Death. 53. 5s5s &
sNilliamsport, Pa, Feb. "a. "A
freight locomotive on the Philadelphia
and Erie railway blew up during the
day near Kane instantly killing Engi-
neer James Quinn and Fireman Jones.
The wreckage took Are and several
freight cars were destroyed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
WHILE I'm j A JEALOUS RAGE.
Section Man Kills Woman and Her
f ,@T Two Children.

8 Terre Haute, Ind, Feb 24:-Jerry
Dugan, a section hand, killed Mrs.
Benjamin Ramsey, her daughter Myr-
tie, aged four, and her son Albert, aged
two, early In the day. Dugan then
sought q policeman, confessed the
crime and gave up the razor which he
had used in cutting the throat Of his
victims. He had sbeen staying at the
home of Mrs. Ramsey for some time
and admitted that he had committed
the crime while In q jealous rage.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
REPORTED JAPANESE DISASTER

Petersburg 24t
four Japanese batleships
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
INVESTMENT OF PORT ARTHUR.
Russians Assert Japanese Cannot
Take the Town.

St. Petersburg, Feb. 24.-Speaking
on the subject of the possible invest
ment OF Port Arthur the military au-
thoritites here do not believe the jap
anese will attempt to make a landing
in force on the Liaotung peninsula.
The former say there is nothing the
Russians would like better, as such
an attempt is doomed to certain fail
ure. The authorities here assert that
the southern portion of the peninsula
is strongly guarded and that the
northern shore presents insuperable
obstacles. The only chance of the
Japanese, it is claimed, would be
marching down from Korea; but to
this, it is added, they must first defeat
the Russian army on this side Of the
Yalu river, and, even IL successful,
they would be face to face with an
impregnable stronghold.
BRITISH STEAMER FIRED UPON.
Hit Seven Times Around Her Water
line by Russian Shots.
Weihaiwei, Feb. "a: The British
steamer Ching Ping, belonging to the
Chinese Engineering and Mining COM
pany of Shanghai. e has arrived here
from Port Dalny and reports that she
was fired upon By the Russians and
was hit seven times around her water
line "a Russian pilot boat that was
coming out Of Port Dalny to pilot the
Ching Ping was blown no BY mine.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-02-24
Blizzard in Wisconsin.

Manitowoc, Wis, Feb. 24.-The most
severe blizzard of the winter has rag
cd for two days, blocking all railroads
and interfering with telegraph and tel
0phone communication.
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29

Desirable:Town Property For Sale
/ have for sale four desirable loca-
tions in Vinita for the erection Of
homes-good neighborhoOd, etc. N. f.
Milford. 205-tf
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
Was Wasting Away

The following letter from Robert r
Watts, Of Salem, Mo-, is instructive
81 have been troubled with kidney
disease for the last five years. / lost
flesh and never felt well and doctoret
with leading physicians and tried al
remedies suggested without relief
Finally / tried Foley's Kidney Cure
and less than two bottles completely
cured me and l am now sound anc
well" Peoples drug store. DIV
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
You are
getting rich

IA OF suddenly, but you are putting
Nbt+ yourself in position to make quick
hGw and profitable Investment by having
some ready money on call when an op-
portunity for a good Investment comes up.
These opportunities do not come every day but
you will find them just as soon as you have ac-
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29

Daniel Bante Of Otterville, Iowa,
writes, II have had asthma for three
or four years and have tried about all
the cough and asthma cures in the
market and have received treatment
from physicians in New York and 9TH
er cities, but got very little benefit
until / tried Foley's Honey and Tar
which gave me immediate relief and
will never be without it in my house.
1 sincerely recommend it to all. Sold
by Peoples drug store. DIV
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29

r. A. Gray, j. r., Oakville, Ind,
writes. 'For ten years l was confined
to my bed with disease of my kidneys.
1t was so severe that 1 could not move
part Of the time. consulted the very
best medical skill available, but could
get no relief until Foley's Kidney Cure
was recommended to me. 1t has been
a Godsend to me-" Peoples drug
store. DIV
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
Citizen.hip Afirmed.

Mrs. Josie A. Hall has received a
letter from the Dawes commission in
forming her that the commissions de-
cision dated March 10, 1904, granting
the application for the enrolment Of
her two daughters, Jessie Mae and
Blanch Hall, as citizens of the Chero-
kee nation had been affirmed by Sec
retary Of the Interior on June is, 1904.
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
nri.. -. 49, -.

Marshal Stevens home was broken
into last night and a watch belong
ing to Miss Blanche Oborn, who was
the guest over night Of Miss Carrie
Stevens, was stolen. Nothing else in
the house was disturbed by the bur-
e1ar. who made his escape without
arousing any Of the household. The
offcers are making every effort TO To-
cate the burglar, and to that end are
seeking a fellow who has been ped
ding trinkets, such as rings, cheap
watches, etc, about town for several
daEs
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
Tax ON Babies

Extreme hot weather is great tax
upon the digestive power Of babies;
when puny and feeble they should be
given few doses Of Whites Cream
Vermifuge, the childrens' tonic. 1t
will stimulate and facilitate the di-
gestion Of their food, so that they
soon become strong, healthy and act
i've. 25c at Peoples drug store. DIV
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
Murphy asks for Injunction.

A. P. Murphy, who was chosen as
national attorney for the Creeks by
Chief Parter three months ago. has
asked an injunction to restrain Chief
Porter from paying the salary Of the
Office to NJ. L. Mott, who was appoint
ed to take Murphy's place,
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
At Quinn Park.

At Pryor Creek July 4th and 5th,
there willIbe roping contests, baseball
games, band concerts, races, and many
other attractions. Come to Pryor
Creek for your Fourth. d-223-35-w-l
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
AWeek at the Fair.

On Thursday, June %, the NJ. X. &
T. railway will sell round trip tickets
to st. Louis for $500 Tickets will be
good for return passage leaving St.
Louis time before midnight Of June
30. Children viii be charged one-half
the regular one way rate. Talk 70
Katy's agent about this.
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
nwls Give q panoe.

emDeTS OF IIIt OHIo tIuU uII
joyed a pleasant little
dance at the new home Of
the wise birds, " over the.
postoffice, last night. The
number present was small
but that fact did not in
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29
Warming

If you have kidney or bladder trou-
bic and do Iot use Foley's Kidney
Cure, you viii have only yours.n TO
blame for results, as it positively
cures all forms Of kidney and bladder
diseases. Peoples drug store. DIV
The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1904-06-29

terfere with the full enjoyment Of the
occasion. The music was furnished by
the Fisher-Hunt string band