davidaulloa/AmericanStories huggingface dataset:
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
DECISION ENDS BITTER FIGHT
wisconsin Republicans Will Likely
Unite on One Ticket

Especial Telegram to Evening Teller.)
CHICAGO, Oct. 5.-The LaFollette
decision was received at national re-
publican headquarters with undis-
guised relief. 1t is believed this re-
moves wisconsin from the doubtful
list. 1t is expected the Stalwart ticket
viii be withdrawn.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
Fairbanks Enroute to the East

Especial Telegram 10 Evening TeIier.J
TRUCKEE. Cal. Oct. 5.--Senator
Fairbanks last meeting in the Pacific
coast states was here at Z o'clock this
morning but owing to mis,inder-
standing as to the time of the meeting
but small group assembled. The SEN
ator shook hands and chatted with the
faithful. Meetings will be held today
at Virginia City and Carson City, New,
and at Reno New. tonight.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
DISCOVERY OF NEW PAINTINGS
Famous canvasses by the Russian
Artist Brought to Light

Especial Telegram to Evening Teller.)
ST PETERSBURG, Oct. 5.-While
sorting the pictures painted by the fa-
nous Russian artist Verestichagin.
who was lost by the blowing up OF the
battleship Petrapavlovsk, the searchers
discovered ma gnificent scene paintings
depicting the American operations in
the Philippines.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
Loss Of Greek Steamer

Especial Telegram to Evening Teller.)
LONDON. Oct. 5.--The Greek steam
er Kelmentink went down recently off
Ushant and seventeen of her crew i'm
Guiding the capital We're drowned Eight
of the survivors landed at Leixoes. Por-
tugal.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05

Especial Telegram to Evening Teiier.)
WASHINGTON. Oct 5.-First as
sistant Postmaster General Wynne,
this morning was formally designated
by the president to perform the duties
of postmaster general pending the ap-
pointment of "a new member of the
cabinet.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
ALL QUIET AT PORT ARTHUR
No General Attacks Since the Twenty
third but Daily Skirmishes

Especial Telegram to Evening Teller.]
ST. PETERSBURG, Oct. 5.-The fol
lowing dispatch from General Stoessei
at Port Arthur dated September 30tf
was received today:
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
Lady Curzon Rallies

Especial Telegram to Evening Tellero
LONDON. Oct. LADY Curzon
passed Il quiet night. Her condition
is somewhat better than it was yes
terday.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05

tsn.c,a, Telegram to Evening Teller J
MONTE cRIsTO. Santo Domingo
Oct s-General candelaria Delis hosas
...,.n aftv men revolted against tne
royernment September - m iasoe y
1sadore Jamens. and started Tor the m
terror.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
Third Russian Army Formed

Especial Telegram to Evening Teller.)
PARIS, Oct 5.-A dispatch from ST.
Petersburg confirms the report that a
third Russian army is about to be
formed and General Lindoviesky of the
military corps is to be in command.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05

ST PETERSBURG. Oct. 6.--A din-
patch states force Of Japanese mua-
rounded the Russians reconnoiterine -
Aprief near Mukden and the Rnnniens.
cut their way out and returned 70 camu
with some captured eonveys.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
earrsta psnjes the Rupture

Especial Telegram to Evening Telier)
NEW, YORK. Oct. John Barrett,
minister to Panama. arrived from
Colon on the steamer Alliance today
ne denied there was any friction be-
tween himself and the Panama govern
ment sucn statssnsnt he said was
made for polftioal effect.
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05
Collapse Of the Egg Market

CHICAGO. Oct 5.-The +. e. Roberts
Commission company failed today Tor
two hundred eighty thousand dollars.
They gave assets OF $500 although
they claim to have securities Of quar--
failure is the collopse Of the New York
egg market
Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1904-10-05

4 ~ - sa - -
The oasis., 1904-06-25


 Recross examination: Arizona Commercial Company was going concern of several years standing, with large store and warehouses. When was here in November it was apparently yet in operation, and l was not informed that change had occurred l asked Des- sart about the Swain overdraft. and he said he had not charged up his salary and certain expenses. which when charged would liqui- date the account.
 l.. H. Rhuart, recalled Came to NogaleS, November 4th, 1903. Had business with International Bank between November 4th, 1903 until January 9th, 1904. Had ac- cess to books, received a share of stock and understood was elected a director. Came at request of Lewis to collect in loans and cut off further loans. Spent a good deal of time in the bank. Took notice there were no new loans. Don't know whether the Swain check was paid Was not here that day, After while 1 took note that overdrafts were occurring. Knew that red ink figures in the books were overdrafts. November 25th L. F Swain's balance one ac- count individual ledger. was $3357.- 5. Another day S3490 l3-several days. Account L. F. Swain, indi vidual ledger, Mexican mcpev. showed red ink balance, November 30th, 1903, the sum of $21 ,423. Same figures carried on showed Swain owed the bank that much money. December 10th, 1903. made the entry in that account $2l ,546. No entry of payment by Swaln was made of his check for $1l,S15. Accounts were L. F. Swain, personal L. F. Swain, ! special; commencing Sept. 16, 1903, L. F. Swain, Cashier, special; L. F. { Swain, September 26 to last entry. |
 Recross examination: Am not . a book keeper and was never in a bank before.
 Fred Herrera, recalled: Have ! had experience in keeping bank books. Was cashier of the Inter national Bank.
 Evidence closed and Mir. Frank lin summed up for prosecution fol- lowed by Judge Barnes for defence. At conclusion of latter's argument court went into recess until Thurs day morning, when J. L. B. Alex ander addressed the court on be- half of the defence. and F. s. Nave closed the prosecution.
 In rendering his decision J Judge Davis in substance summed the case as follows:
 Two items in the complaint be- ing conceded the remainder, $6,- S75, Is the amount in controversy. Upon the ssues presented, documentary evidence and admis- sions in the trial, what does the evidence show?
 Defendant was a heavy stock holderi in the International Bank, of which he was a director and vice president He was in Nogales very little, but during the past year or more he resided in New York He was not an active manager in the affairs of the Bank. but for some time, year or more, Dessart and Swain were the active managers
 Defendant has not been satis- fled with his relations with the hank. Tn the corresnondencp in
The oasis., 1904-06-25

H..
 have been accepted.
 "On or about November lst. 1903
 defendant came to Nogales. and ,t.
 ter inspection of the affairs of the
 lnternational Trust Company mada
 cursory examination of the of.
 fairs of the International Bank
 He admits examination of fine
 records of the Bank to some extent
 and observed balances. He oh. served overdraft against Swain
 and received some explanation.
 U pon the fifth day of Novem.
 Der there was had a transaction
 which was the foundation of tbi, litigation. Upon that day he trans ferred to John Dessart ninetv-eigbt shares of stock in the InternationaI
 Bank According to testimony he received from Dessart in pay ment a check drawn by L. F. Swain in the sum of $l1,S75 That check defendant deposited with the Bank. receiving credit for full amount. Bv this arrangement credit was given. and this fund of S11,S ,S75 was to re. main some time. Disposition of this account was afterward made by certificates of deposit, some oi which were afterward paid, de- fendant receiving $6,S15 in money.
 Some elementary principles oi law are applicable here: It is the duty of directors to preserve the property in their care as trust fund. for the benefit of the stock holders and owners of the corpora ton if solvent; for benefit of the stockholders and creditors if it be insolvent, Directors and officials oi banks and corporations act as guardians of monies and property conhded to their care. Being agents they cannot exercise the power Of agency to injure or alien ate property. In the management of the interests conf fided in them they are bound to exercise ordin- ary care, and are bound to act in good faith. It is an abuse of trust to give one director an advantage not common to others. When such advantage is given one direc- tor not common to all. equity will treat the transaction as void, or treat the director as trustee for all parties. These principles are to the present case, as they were based upon legal fiction.
 Using the chancellor's knife to cut through the process employed, what was the real act? Swain had no funds. His account with the Bank was overdrawn. He knew it was overdrawn, Dessart knew 1t was overdrawn, and think am justified in assuming that Lewis knew it was overdrawn When he gave the check for the purchase price of the stock, he had no money The money of Swain was not used but the Banks money was taken -money of the Bank to the amount of $6,S75, which has not been repaid Ought not the de- fen dant refund?
 "The court finds that Lewis never relinquished his directorship, but continued to act as director of the International Bank through a period including November 9th, 1903. and many days thereafter Under the law there can be no question that there exists through all that time all the combined acts of director, acting with DessarI and Swain. who also engaged m
The oasis., 1904-06-25
International Bank
From Page D

stock in Los Angeles to secure loan of Sl0,000. This conversation occurred November Sth, 9th or 10th That was first had heard of loan negotiated by International Bank in Los Angeles. Did not investi. gate whether debt of Arizona Com mercial Company had been paid. Had no special interest therein.
 Witness identified stock certi- ticate book of International Bank. Certificate No. fl, two shares, is- sued to R. Allyn Lewis, dated November 9th, 1903. Were not delivered until November Sth or 9th. Have not assigned. Certifi- cate No. 42, one share to l.. H. Rhuart. John Dessart delivered the certificates, both at the same time.
 Witness further testified April 30th. 1902, deposited to credit of International Bank 5000. Was q deposit in that bank to my credit. Gave my own draft on New York. No checks were drawn until July l7th. June 29th, I deposited to my account as agent. July 17th drew S10,000; July 30th, S20,0O0; July 29th. $326; September 23d, 5000 By the first of October, 1902 l had drawn all but S241.
 In August 1902 the National Bank of Commerce telephoned me that the International Bank in No- gales had overdrawn $12,000 and the draft was protested. I drew check, had it certified and took up the protested draft. A few days later 1 was repaid After that 1 had practically no business with the International Bank, until l came here last November.
 November 9th, 1903, endorsed draft upon Chicago for International Bank, with Consolidated National Bank at Tucson Was held res ponsible until December 18th, when endorsement was released. Don't know how release was eff fected. Did not go to Consolidated National Bank to see securities. Have not paid the 5000. Was simply held responsible. Letter from NJ. P. Freeman dated June 11th. 1904 in evidence. shows all that.
 In November 1 procured 5000 for International Bank from Doc tor Ferguson, who has since re- leased me from responsibility
 November 25th, 1903, borrowed in San Francisco S4600, wired it to credit of International Bank in Nogales, with National Bank of Commerce in New York. Was re- paid December 4th or 5th.
 January 2d, 1904 deposited with | City National Bank in New York, S6,000, which was wired to Con- solidated National Bank, Tucson, and expressed to Nogales; deliv- cred by Rhuart to International i Bank following day. National Bank of Commerce repaid me the amount on telegram from Inter national Bank. a few days later.
 Attorney for Receiver acknowl- edged that item as satisfactory.]
 Between November 9th and Dec ember 18th, 1903, l drew from In- ternational Bank S733S44. Before l deposited the Swain check there was to my credit in the Bank $231.94, which deducted from the amount drawn, leaves $7106.44 received account of the Swain check of $11.S75.
The oasis., 1904-06-25

Bank, adopted November 6. 1903
 and shown on minute book. They
 were
 ] T. J Turner claims against county lsl4O
 l W. Grant, note secured by Yaqn Cop Der stock 70 nt i W Y. Chenoweth, note secnred 1900 Q, W P. ChenOweth. note secured 1000 0l | C Brown and C. N. Thomas, note lsss) @ c. N. Thomas and C. R. Brown, note 1joOOt C. \: Thomas, note 23500C
 Deed to Lotz, Block II, Town of Nogsles.
 l had the preceding day endorsed for 5000 and received three certi- ficates of deposit, now in evidence, for S11, ,S75.00. Received these se- curities for my protection, and agreed to leave with the Bank the deposit of S1l 1875 represented by the certificates. Returned to Re- ceiver all securities except the Thomas notes, which have been re- turned to the maker.
 Didn't know that Rhuart had stock. Dessart said he would give him one share But it was not done for several days.
 As vice president 1 had author. ity to sign drafts. My name was included in list of those so author ized sent out to other Banks. Don't know as it was ever revoked. Did sign certain drafts in November and December 1903. Identified drafts and admitted signature. l Did so as q matter of accommoda- ton. Dessart was not at hand to do so.
 Witness was shown entries in individual ledger November 30th. 1903, credit $25,000 and balance S25, 5,000. l never deposited that sum. On that day 1 was in San Francisco. When 1 returned Dec embor Sth 1 found it entered and asked how 1t came. Hay said Des- sart entered it. Did not see the statement to the bank examiner made about that time. He called for one, but 1 did not see it.
 Entry individual ledger, June 20, 1902. R. Allyn Lewis, deposit S25,000, was made by certified check on City Trust Co.,, to credit of International Bank. Was after ward repaid. Drew it out from time to time.
 November 1st, 1903, Bank needed ready money. Did what 1 could.
 To all intents and purposes the assets of the Bank were good.
 Recross examination: When I heard Bank was closed was very ill in hospital in New York City. Came in February. Wired I was coming.
 Wanted charter of International Trust Co.,. for use abroad. Had arranged with heavy capitalists in Paris for capital of $2, 2,500,O00 francs, and had enlisted prominent New York capitalists in the scheme. 1 had been led to believe that the was out of business, and aimed to get the charter and put it into business. But 1 found it was still very much in business. Went into the books and found it had loaned Dessart $20,320.35, and had borrowed from the Inter- Bank about 26,000. To secure the Trust Co.,, 1 took from Dessart securities, notes and col laterals. The scandal knocked out my scheme, and 1 lost chance to make great deal of money. l am loser all the way through.
 Redirect examination: Trial balance of International Bank October 31st, 1903 in evidence. l Witness looked over the oyerdrafts ]
The oasis., 1904-06-25

Continued on Page 10
The daily morning journal and courier., 1904-03-05
THE GLADsoME SPRING.

After the long protracted and excess sively cold winter which we have en- dured but not greatly enjoyed, the fact that spring is about to be ushered in is a comfort and solace to most of us. We can confidently look forward to balmy breezes and milder conditions which will presently transform the face of nature and produce a corresponding ly beneficial effect on our thoughts and feelings. It is said that when theN warm weather does strike us'' here it will Init us hard" We shall all complain of sthat tired feeling and some will have recourse to a good spring medi- cine. And speaking of good spring medicine we are led in the interests of humanity to suggest the specific which will act like a charm on the human or ganism and cause the user to feel healthy and buoyant. Our doctor is John B. Judson, whose medicines are kept in plain view before his thousands of patients at the Mirror Store, S56 Chapel street Among the magnificent collection you cannot find anything that is not most attractive and appetizing. No need of sugar coating them They are pure and beautiful and natural as well as wonderfully efficacious. You can take them before meals, between meals and after meals end our word for it they will do no harm but will set up a curative action almost immediately. Here are 8 few of the great health producers: Luscious apples which look as if they had been recently taken from the trees, bananas in choice varieties, oranges as fine and palatable as the most exacting could desire, extra fine pineapples, tomatoes, and in word fruit of every namesand l1a- ture which is indiginous to this and other countries. By taking plentifully of the medicine as kept and prescribed by "our doctor" you will get into per feet condition physically while mental ly you will feel peaceful and serene even if the, Japanese and Russians are knocking the heads off of each other.
The daily morning journal and courier., 1904-03-05
EAST PEARL ST. M. E. CHURCH.
 A full account of special services to- morrow at this church will be found in our Fair Haven news column.
GRAcE Fl E cHIIRcH.

Third Sunday in Lent.-Holy com munion and sermon 10:30 a. m. Holy baptism D. m. Evening prayer and lectrue 7:30 p. m. Subject, '"The Rule of Life in the Kingdom of God"
 There will be special meeting of the Rectors' Aid society after the service Friday evening.
 ZION LUTHERAN CHURCH.
 The usual services at 1O:S0 a. m. and 7:30 p. m. will be held tomorrow at the Zion German Lutheran church, corner Davenport avenue and Ward street. The pastor, Rev. Frederick A. Ottmann, will preach at both services. Seats are free. Everybody welcome
 The Debt Liquidating society of the church will hold regular meeting after the morning service. All members are requested to be present.
 SUPERINTENDENT SWORN IN.
 The twenty-three newly appointed supernumeraries have taken the oath required of them, have filed the neces- sary $500 bonds and are now subject for duty on call from the chief or the com missioners. The men are nearly all young and athletic appearing fellows and~will make valuable additions to the department in the opinion of those who have seen them. The men were sworn in by the mayors secretary, c. E. Julin.
The daily morning journal and courier., 1904-03-05
SHORT CALENDAR SESSION.

Comparatively little business claim ed the attention of Judge Thayer at the short calendar session of the Su- perior court yesterday, and in this were found no cases of any particular inn portance. Argument on demurrer of Bryan's appeal from probate was ob- viated by the hearing before Judge Gager earlier in the week.
 In the action of the City of New Ha- ven against Doris, or Davis, A Young. motion for a default for non-compli- ance with previous order of the court was granted, on request of Corporation Counsel Daggett.
 Should he not hear within a. week from Mary E. Signor, defendant in the divorce suit brought by Napoleon Sig nor, Attorney Jacob P Goodhart an- nounced his willingness to have the action placed on the ex-parte list The couple were married January 25, 1897, the ground of action being alleged adultry.
 By order of the court, reasons for appeal must be filed within one week in the appeal of Timothy Riordan. guardian, from the probate of the will of John Vaughan, who died October 12, 1903. The real plaintiffs are Mary c. and Joseph w Vaughan, children under 10 years of age, Hattie Vaughan, executrix, being the respondent.
The daily morning journal and courier., 1904-03-05
NEWS FROM THE CHURCHES
FEATURES OF THE RELIGIOUS
 SERVICES TOMORROW.

Announcement of special Services at
 Congregational Churches the Coming
 week-Hon. Carroll D. Wright at
 United Church -Dr. Phillips on
 ssfruggie''-Dr. Baker on "The Gih of
 God"-Swedirh Baptist Conference
 Service at Dwight PIace-Osher Notes.
 The committee of the Congregational churches announces special services this week at Humphrey street. Dwight Place and Whitneyville on Friday evening at 7:45. At Humphrey street the pastor will preside. and Rev. E. F. Coin and Rev. D. G. Clark will speak. At Dwight Place the pastor will preside and Rev. T. c. Mckay and Rev. N. J. Squires will speak. At Whitneyville the pastor will preside, and Rev. R. E. Brown and Rev. w. w. McLane will speak. The membership of the churches in the neighborhood of these meetings is cor dially invited to be present and enter into the devotional service. The subject will be ''Steadsast Loyalty to Christ, '" Matt. xxiv. 27. 59.
The daily morning journal and courier., 1904-03-05
MEMS CLUE, UNITED CHURCH.

MEMS CLUB, UNITED CHURCH.
 Dr. Munger is expected to occupy the pulpit of the United church tomorrow morning.
 Hon. Carroll D. Wright, commissioner Of labor for the United States, will ad- dress the meeting tomorrow night at the United church under the auspices of the Mems club on the subject Roman tic Socialism and Its Results" MT. Wright's long service in his important position gives 8 peculiar interest to anything which he may say touching the question of the social and industrial relations of men. He has been promi- nently before the country in connection with the great anthracite strike. While a keen student and close observer on economic lines and an observer of prac- tican conditions, his hope for the so- lution of social questions lies in the ap- plication of the teachings of the Chris tian religion. The Mems club invited him to this meeting with the idea of letting New Haven people know a man who has handled these questions so long and so fairly, and of securing from him. as far as possible his point of view in regard to them. The service is at 7::3o. The doors will be open at
The daily morning journal and courier., 1904-03-05
GRACE M. B. CHURCH.

Rev, Arthur J. Smith will preach in the Loyal Orange institution of the U. s. A., Star of Elm City, L. O. L., Sum- day evening at 7:30 o'clock.
 The sacrament of the Lords supper and baptism will be administered by the pastor at the Grace M. E. church Sun day morning. New members will be re- ceived by letter and probation into the church. The regular session of the Sunday school will be held at noon. The Epworth league vesper service will be held at the twilight hour. At 7:3O D. m. Rev. A. J. Smith will preach to the Star of Elm City, L. o. L. The members at- tending in a body. The subject of the sermon will be "The Lodge and the Church" The music will be in charge of A. B. Clinton. Prof. Charles A. Shamp, the newly elected organist for the year. will preside at the organ.