davidaulloa/AmericanStories huggingface dataset:
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
COURT OF APPEALS.

Only three opinions were handed down
by the Court Of Appeals yesterday, but
one Of them was of unusual interest. Il
was that Of Spapgler vs. Booze, in which
the judgment of the Circuit Court Of
Botetourt county was reversed, Judge
Harrison delivering the opinion.
A. T. Booze suspected Uriah Spangler
of stealing a lot Of apples, valued at $50,
from him. and procured a warrant to
search his house. He failed to find the
apples, and Spangler sued for So 600 for
injury to his good name, The lower
court sustaineda demurrer to the declara.
ton, and from that judgment an appeal
vas taken to the Supreme Court, whish
awarded writ Of error, thus bringing
the cause for review byi! The couri,
10 its opinion Yesterday, hoids that the
plaintiff is entillet, to trial on the merits
of his case, 1t is, therefore, remandel
to the b1tetOurt court,
An opinion was rendered by Judge
Whitte in the case Of the Norfolk anil
Portsmouth Belt Line Railroad Company
vs.. The Corporation Commission. The
clse is an appeal from an order of the
corporation commission fixing the charge
foT placing cars in position to be weigh
ID on cohsiguees OF shippers individual
rack scales, on sidings leading to plants
along the line Of the railroad, at % cents
for each car soplaced, whether loaded or
unloaded.
The railroad company held that the
fixing of such charges was a matter Of
private contract with which the State
corporation commission had nothing TO
do. and that even if it did have jurisdic
ton the rate Of compensation fixed by it
is unreasonable and unjust
The court fully suslains the commits
sion in its rulings, going into the matter
at length, and quoting numerous author
tiles. The opinion contains this COM
prehensiye paragraph;
eff the power Of the commission is
limited merely to fixing the rate for
carriage, and it is without authority 50
to regulate that service as to render 1t
Elective. it is obviously wholly inefli-
caciouswith respect to this large class Of
cousgnees and shippers"
In the case Of John d. LanghOrne IS.
Y. H. McGhe4 and others, from the
Circuit Court Of Bedford Judge Buc-
hanan rendered the opinion, affirming
the judgment of the lover court, which
was against the plaintiff, who sued on
two negotiable notes. Mr. Laughorne,
formerly Of Lynchburg, is now resident
Of Washington.
The proceedings yesterday were as
follows.
Savage VS.. Southern Railway Com
pany. Fully argued and submitted.
Farley VS.. Thalhimer Partly argued
md continued until today.
Next cases to be called
City Of Richmond VS.. Gays admins
.ratrix; Richmond Passenger and Power
Co. VS.. Sieger, and Harrison VS.. Thomas,
Nos. 10, III and l2 on argument docket.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
JAPANESE SUCCESSES.

fhe japanese by the capture Of 2OS'
Meter Hill at Port Arthur can now mount
guns on the summit aud sweep the rem
nants Of the Russian fleet out Of the
harbor. The taking OF this command
ing position was only accomplished
after long and tedious sapping opera
tons and a final desperate charge, in
which the japanese lost heavily and the
Russians left heaps of dead bodies on the
hillside Ggthnsed by the latest victory
OF General Nogi at Port Arthur, thous-
ands OF recruits to the japanese army
donned their uniforms at Toxic and
paraded. General Kuropatkin reports
haying forced the japanese rear guard TO
cyacuate pass 10 miles southwark of
Teiukhetchen. japanese repnlsed Rus
sian attacks at Macbuanautzu Moan
tain anch Slantzialzg Height. These
movements in MaDchuria indicate that
both the japanese and Russians are
feeling their way for a general attack.
In the recent operations Lieutenant
General Thuchiya, was wounded, and
General Nakamura, the leader OF the
specially trained body of swordsmen
which charged into the Russian forts
November &c, was injured in both legs
The Russian War Office is not yet
prepared to accept the report that the
japanese before Port Arthur have taken
2O3-meter Hill, but if it is officially con-
firmed the War Office admits that it will
be n desperate blow for the gallant de-
Tenders Of the fortress. The position
commands lhe harbOr and il the Jap
anese can mount siege guns on its sum
NIT they can force out The Russian
squadron or destroy it at its anchorage
Those familiar with ihe supporting plans
Of the forts think it is by no means GER
Tain that even though the Russians are
forced to retire from 20S-meter Hill, the
japanese can place in position heavy
guns against the lire which the other
forts can bring TO bear or it. Still the
War Office officials reluctantly agree
that such breach in the chain renders
the position extremely critical, and
though the garrison might be able to
hold ont in the Golden Hill, Tigers Tail
and Iiaotie forts Tor sometime, it may
mark the beginning Of the end, The
War Office Is convinced that with the
approach of the Russian second Pacific
squadron the japanese considered ihat
ths elimination Of the Port Arthur
quadron asa sighting factor was abso p
u,ely vital, thus accounting iog the
reckless sacrifice Of life in order to secure
a position directly commanding the
harbor.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Rnsso-American Treaty.

There is universal commendatiOn in.
St. Petersburg OF tho promptness with
which Russia accepted the American ar
bitration treaty proposal, but beyond ex-
pressions of satisfaction at the fact that
Ii will bind the two countries closer to-
gether, the papers INDUCED in little COM
ment The only exception is the Bourss
Gazette, which declares the understand
ing will dispel the falsehoods regarding
American Russian relations Russias
victory in the far East, the paper con-
tends, is just as necessary for the United
States as for Russia ally, France. and
her friend, Germany. Mutual ties be-
tween France, the United States aud
Russia, argues the Bourse Gazette, vii.
tend to isolate Great Britain, he real
breeder of international strife, whose
lingo ambitions, the paper declares, are
the real menace to The peace OF the
world.
The London Daily Telegraph's corre-
spondentat St. Petersburg claims to have
evidence that Russia is
reckoning on the necessity of making a
lasting peace with Japan by means of
an offensive and defensive alliance, which
is recognized as an indispensable conGi-
ton for the success of Russia's eastern
policy.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
RUSSIANS REPULsED.
Cars Troops Attempt TO Disiodge
Japanese from Metre Hill. but are
ReouIsed with Heavy Loss.

.
Japauese from Metre Hill. bus are
RepuIsed with Heavy Loss.
Toxic. Dec. 2.-It is reported that the
Russians attempted to retake 203 Metre
HILL but we're repulsed, with heavy
loss. 1t is also reported that General
Stossssl, 10 command of the forces at
Port Arthur, is fortifying the heights
between Liam Tishan and Nantushan,
increasing the belief here that the stand
of the Russians will be made there.
rokio, Dec. lit is announced that
the japanese lost seventeen officers and
had sixty four men wounded in light
with the Russians The locality in
which the fighting occurred has not
been made public.
London. Dc. "A dispatch from
Toxic received at the japanese legation
today, states that only the internal forts
at Port Arthur are now holding ont,
against the japanese. TIE town and
the docks, the dispatch adds, have been
abandoned by the Russians, as they are
at the mercy of the Japanese cannonade.
Rome, Dec. 1.-The Giornale today
publishes a dispatch from its Mukden
correspondent stating that General Kuro
patkin, commander of the Russian forces
in Manchuria, Yesterday convoked the
generals to a council of war to consider
the military situation. 1t was decided
that the Russian troops should take the
offensive along the entire front
ST. Petersburg, Dec. "A dispatch
received from Chan Siamutung today
states that in further skirmishing by the
Russian left flank since Wednesday the
Cossacks killed three Japanese and cap
tured seven prisoners. The dispatch
also states that the natives assert that
the japanese lost 200 men in the fight
around the second pass yesterday. 1t is
admitted that the of Cossacks at Dapin-
dusha have fallen back.
ST. Petersburg, Dec. 2. General Ku.
ropatkn reports that Coss9ckS pursued
the retiring japanese across the Tsitse
river, destroying re telegraph apparatus
which the japanese had installed. The
Russians also burned all stores that hau
been collected and set fire to the two
villages. Two Cossacks were wounded.
The japanese had about fifty killed and
the same number wounded. The Rus
SLAMS buried % japanese, and took seven
prisoners.
Toxic, Dec. 1.-The announcement to-
day that in the fighting for the possession
Of 2O3 Metre Hill, the japanese losses
we're II officers killed including major,
and sixty four wounded, including Gen
eral Tchuchiya and Major General Maka-
mura. A dispatch just received states
that the Russians are making persistent
attempts to recapture the hill.
St. Petersburg, Dec. 2,--General SAX
harof, General Kuropalkin's chief Of
staff, reports that the japanese were
forced to eyacuate Dapindoushawn and
Ouidpioudzi. The japanese, he says,
had % men killed.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Attempt TO Kidnap Corrcspon,,ent

Attempt TO Kidnap Correspondent.
Tangier, Dec. o. Benimsawer tribes
men attempted, yesterday, to kidaap
Walter b. Harris, the correspondent
here of the London lines. The tribes
men surrounded Mr. Hsrris's house aud
rushed the guards, killing one OF them,
but retreaied after robbiug the guards
Of their rifles and clothes. fearing the
arrival Of troops. The British Minister
has filed demand for the punishment
Of the tribesmen who participated in the
affair. About a year and a half ago
Mr.. Harris was ambushed and captured
by lrIbesmen near Tangier, who handed
him over TO Raisuli who, it will be re
called, short time ago kidnapped Mr..
Perdicaris, an Americhn citizen, and his
step son. who is au EuglishmaD. Mr..
Harris was freed in return for the re-
lease OF some of Raishli followers who
were in iail 10 Tangief.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
FOKEIGN NEWS

Prince Frederick, of HoheL,aIIern
died today, at Munich. Prince Frede.
rick was member of the nou.reiguing
Sigmariegen branch and a Younger
brother of King Charles Of Roumanm.
The one hundredtb anniversary oEthe
coronation OF Emperor Napoleon Was
popularity celebrated at Paris today. A
wreath of violets was placed on tie
statue Of Napoleon in the Place Ven
dome.
At q meeting in London today of the
directors of the concern known as the.
London and Paris exchange, which
failed on Wednesday with large liabi'i-
tics, 1t was announced that the necessary
financial assistance had been secure aud
that business would be resumed next
week.
The revival OF anarchist activity
throughout Germany disputes the police.
There are new associations and papers,
and the anarchists have secured intiuen-
tial aid from the trades unions. The.
Koelnische Zsi;ung says that confer
encc of all ihe.malcontent elements in
Russia, socialists, revOlutionsts, Firms.
Poles, Lithuanians, Jews and Armenian
was recently held in Paris TO decide
upon common action.
A dispatch from St. Petersburg SAYS
that Prince Urussoff, Governor of Bessa-
rabia, has been transferred 10 Tver, on
the ground that he has been too friendly
toward the besssrabian Jews. A short
time ago the Kisbineff Jews presented
Prince Urussof with II de luxe copy of
the Old Testament, at the same lime
thanking him for his invariable Impair
TALLY towards them. In res ,onding
Prince Urussof denounced all jew bait.
ing, particularly in Kishineti,
A dispatch from Berlin says that the
TACT having transpired that the Kaiser -
actively engaged in business as the pro-
prietor Of extensive brick kilns at Cadi-
men, East Prussia, an animated press
discussion regarding the desirability Of
imperial participation on trade has re-
suited The Freisingnin Zeitung de.
cIsred that the business of the Kaiser,
being exempt from all rates and taxes,
is atle to undersell all competitors, and
is producing discomfort.
The Birmingham, Eng, Post hears
that American Ambassador Choate has
handed 20 King Edward most cordial
letter if thanks from President Roose-
welt for the Kings congratulations on
the Presidents election. According to
tho Post M. Roosevelt stated in the
letter that he hoped that his new term
Of office, so au~piciouoly begun by the
commencement If negotiations for an
Anglo-American treaty, will witness the
bringing toget"er of the two countries il
even a closer union Of friendship.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Virginia News.

Mrs. Cornelia Coe, wife of Rev. H.
S. Coe, pastor Of the Methodist Church
at Mount Jackson, died Wednesday
night at the Strasburg Hospital.
Miss Mary Schoolcrait James, daugh-
ter Of DR.. George Watson James. of
Richmond, was married in Grace Epis-
copal Church yesterday afternoon to Vie
tor b. Shelburne.
Several cases of scarlet fever are re-
ported in aud around Manassas, and the
Board of Health of the town met We'd
Desday night to consider what steps to
take to prevent the spread of the disease.
Miss Elsie Margaret Macatee, daugh-
ter of Mr.. Charles A. Macatee, OF Front
ROYAL, and Mr.. Walter G. Olmstead
were married in Baltimore last night.
The wedding was to have taken place at
Front Royal, on October IL, but due to
the illness Of the groom, who has bnt
recently recovered from a serious attack
of typhoid fever, the wedding was
soleminized in Baltimore.
Lewis \. Barton, one Of the foremost
residents Of Winchester, died suddenly
of an acute attack of Brights disease
Yesterday at the residence OF his father
in-law, ThoS. Cover, aged A years. At
The time of his death Mr. Barton was
vice president of the City Council and
chairman Of its finance and general
laws committee. He WIS assistant
cashier of the Farmers aud Merchants
National Bank.
Many wonderful things happen in
New Kent county, but the slraugest
happening Of late is that white man,
Joe Beasley, who, tired Of his wife traded
her of Il few days ago with another of his
like Tor an ACCORDION, worth abou.
seyeniy-6ye cents. joe is now trying to
get syme comfort out of the musical in
strument, as he said he could get none
out of his belter-hall. Every one be-
lieves that Joe got the hest of the bar
gain.
Representative John Llmb, OF Rich
mond, went TO Washington yesterday To
take up with the river and harbor
committee the proposition to spend
Sl75, 900 or more improving the James
river Mr.. Lamb said n connection
with the Virginia gubcrnatorial CON
test that the candidate in the race are
Representative Claude Swanson, Lieuten-
ant-Governor Willard and Judge vii
liam Henry Mann, with the chances
iavoring the nomination Of Mr.. Swanson.
Because her husband remained at his
club all nigh and quaIreled at home at
1 o'clock yesterd as morning, when she
took him to task for his dissipation,
B sltie Evans, c0Iored. shot him in bed,
in Richmond. Norvell Evans, the hus-
band, vas a fine looking, large mulaIto
barber employed in q shop in Richmond,
while his wife is small and black. The
man was dead in bed with two bullet
holes behind the car when the police
reached the scene In the dead mans
hand was a large pocketknife, and the
woman declares he was about to- attack
her with it when she fired, but does not
remember shooting but once. All the
indications go to show that she shot him
while he was asleep.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Situation In Zeigler.

zeigler, Ills, Dec. Firing began
at II 10 last night in the direction of the
eompany's pumping plant here. The
searchlght was flashed aud rapid fre
guns responded. Snldiers were sent out.
1t is declared by those in authority here
that an attempt was made to wreck the
pumping plant, and that the nou-union
men of Zeigler are terrorized to such an
extent that all who have money will leave
the town. This, il is said, will undoubt
eddy be regarded by Governor Yates as
justification ioT issuing Il proclamation OF
martial law in Ziegler and vicinity.
The first move after martial law is de-
clared, it is understood, will be the lore
Tile disarmeut by soldiers of the miners
and other citizens of the township,
Is 'ch would necessitale the employment
@. least a regiment OF soldiers.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Arrests in Colorado.

Denver, Col, Dec. AT the instance
of democrats, Thursday, warrants were
issued by the Supreme Court for twelve
Huriauo county republicans who are ae-
Clsed Of having violated the Supreme
Court order made prior to the election.
rhe defendants will be brought before
the Supreme Court OH charge OF con
tempt. Twelve Supreme Court warrants
were also issued for democratic election
officers who served in Denver, Two ar
rests were made, bath Of the persons
arrested being released in $40, 900 bonds
The men are charged with contempt in
refusing to accord special Supreme Court
watchers the right conferred upon them
by the Supreme Court at the time OF
their appointment District Judge Null
lins, in the Criminal Court, issued an
order summoning a grand jury to investi-
gate alleged election frauds in Arapah'
county
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02

As WAS stated in yesterday Gazette
p,ssident Roosevelt announced " DEL
ooatinn Of Southern Congressman That
M intended 10 designate the grandson of
,he late Gen. Stonewall Jackson for
snnointment to the Military Academy at
1Vest Point. When the President was
informed that the young man WAS a
grandson of the famous Southern general,
Stonewall Jackson, and also one OF the
BRIGHTEST students at the Georgia Mill
tary Academy, College Park, Ga, he
said:
It has been the practice to give thi
class of appointments to the SOILS OF army
officers only, but am going to make an
excention i'm this case. If can place
fhe name of Stonewall Jackson 10 the
army register am going to do 1t.
Al the same time the President took
oc,asi,n to state that be proposed to give
two West Point appointments Georgia
the other he said. would be given T.
The son of Harry stillwell Edwards, tn
present postmaster at Macon. There
never has been any good reason tor re-
stricting appointments to West Point &c
sons OF army officers, and the President i
merely acting in fair and hoheN'
spirit when he announces his men
ton of recognizing youths whose slioS
ware not soldiers. Nor is he doing any
more than right and proper when be oc'
casionally turns his eyes toward inc
southern country and selects youths Tor
the military and naval academies. Ih's
section has paid many milliOnso of dollar'
in taxes since 1865 toward raising the
large amounts necessary for pensions
which 90 to other parts of the country.
and why should not opportunities be al
Gorded young men south of Mason and
Dixon's line to develop military or naval
genius whether they are sons of army Of
fcers or not?
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Unrest in Guatamala.

New York Dec. 2.-Adgices received
today by Guatemalans in Ibis city indi-
cate great political unrest in Guate-
maIa, which many believe will result in
revolution. 1t ia stated that more
uueasiness is felt in leading circles than
at any time since the Inauguration OF
President Estrada Cabrera Immediately
after the assassination of President Jose
Maria Reyna Barrios. in February ! S9S.
Constant rumors are in circulation Of
political intrigues and deportation Of
politicians to Mexico aud other counties.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Met His Death in Fool.Killer.

Peter Nissen, who started across Lake Mich
higan in his boat called the fool-killer No. 3
was found dead Oh the beach two miles aud a
half west Of Sieyensville, Mich, yesterday.
Nissen is supposed to haye been washed ashore
during the night His fool-killer was about
20 rods down the beach from the body, and
was considerably damaged. A life-preseryer
and his oyercoat were fastened to the basket
shaped car in the boat. The body was brought
to Steyensville. where it lies in the town hall.
The hands and face are frozen, and the fea-
lures reflect lis suffering. The clothing on the
body was somewhat torn II is thought the:
Nissen could not have been dead great while
when the body was found, as rigOr norris had
not set in. The body was found By Ars Col.
lier. who live on a farm near the lake shore
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Deafness Cannot be Cured

by local applications, as they cannot reach
the diseased portion of the ear. There is only
one way to cure deafness, and that is by con-
stituticnal remedies. Deafness is caused by an
inAamed condition Of the mucous lining Of the
Eustachisn Tube. When this tube Is inflamed
you have a rumbling sound or imperfect hear
ing, aud when it is entirely closed, Deafness
is the result, and unless the inflammation
can be taken out aud this tube restored TO its
normal condition, hearing will be destroyed
forever: nine eases out Of ten are caused by
Catarrh, which is nothing but an infamed
condition Of the mucous surfaces.
We will give One Hundred Dollars for any
case of Deafness (caused by catarrh) that con-
not be cured by Halls Catarrh Cure. Send
for circulars, free.
F. j. CHENEY & CO., Toledo. o
Sold by Druggists, zoe.
Take Halls Family Pills for constipation.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
rELEGRApnIo BnnNtrlt.,

Mrs. G. H. Gilbert, the veteran actress
died at the Sherman House at Chicago,
about 10 o'clock this morning, follow
ing an attack OF paralysis.
As yet no reply has heen received by
Deputy Jayres, the socialist leader to
the challenge to duel which he tee-
graphed to Paul Deroulade a, Paris.
Owing to the strike Of long,h iemen
employed at the Merchants and MlDsrs
pier, the steamship Ontario. due to leave
Boston this afternoon for Baltimore and
Norfolk, was unable to sail
The corners in New York today IN the
case of "Big Frank" FELTON,. the gamb.
Ter, charged with the killing Of Guy
Roche, ex convict, and gambler, return
ed verdict of juslifiable homicide aud
that but for the fact that he had been
indicted for murder in the first degree
by the grand jury he would have been
discharged.
James Mallack Scovel was found dead
in bed at his hotel in Cipe May, y.
j., this morning. He was in tie best
of health Yesterday la 1856 he was
president of the New jersey State
Senate, and represented Camden county.
in the State Senate. During the eivll
war, he was Lincon's commissioner 10
London. Hewas about rs years Of age.
The home of Lett Brown, farmer
living two miles sonth Of Stephensport.
KY, was destroyed by fire Yesterday
afternoon. Mrs. Brown aud two OF her
children were in the burning dwell.
ing. One of the children was ere
mated and the mother aud the other
child so badly burned that they are not
exnected IN live
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1904-12-02
Queen AIexandra's Birthday

Queen Alexandra celebrated her six
tieth birthday yesterday at Sandringham-
Flags were flying everywhere, the church
bells are pealiDg aud the usual salutes
were fired at the naval and military
stations at home and in the colonies.
The festivities at Sandringham were Of a
simple character, the main feature being
the entertainment of the school children
of the estate, at which the Queen and
her guests personally attend to the wants
of the little felix's. The members of the
royal family and few intimate friends
make up the house party, among whom
is Consuelo Yznaga, Dowsger Duchess
of Manchester The Queen was the
recipient of an immense variety Of pres
ents, mostly curious and artistic kuick-
nacks. kilograms of congratulation
from friends and public bodies, to which
the Queen always responds personally,
reached Sandringham in very large num-
bers during the morning.