davidaulloa/AmericanStories huggingface dataset:
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

When the John A. Salzer Seed Co., Of
La Crosse, Wis, introduced this remark
able grass three years ago, little did they
dream it would be the most talked of grass
in America, the biggest, quick, hay pro-
Queer on earth, but this has come to pass.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

A railroad employs in Dublin was
strutting consequentially before q train
that was to run direct to Cork, while he
repeatedly shouted: This train doesn't
stop anywhere"
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

The quality of the advice Of counsel
may be such as to warrant the presump-
ton that It was obtained gratis.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23
The Feminine Way.

Her Brother-Tm going to take q day
of next week for the purpose of cels-
brating the anniversary of my birth.
His Sister-Why, when celebrated
mine last month took a whole year Of.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23
Wherein THEW Di6eI

4 workman his job is apt to throw up,
If the wages he gets he dislikes;
But clock is quite different, because
1t continues to work when it strikes.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

A GUARANTEED CURE FOR PILES.
Itching, Blind, Bleeding or Protrudinr Piles
ourdruggist wiz refund money IL PAZO ONT
HENT falls to cure you In 70 IL days SOC.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

Woman has always been a favorite
with equity, and it always throws its
willing arms around her.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

All the leading hotels, restaurants and din
ing cars serve Mrs. Austin's Pancakes for
breakfast. Much better than others
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23
A QUICK RECOVERY.

A Prominent Officer OF the Rebeccas
Writes to Thank Doan's Kidney Pills
For It.
Mrs G. Es Bumgardner, a local OH.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

Lunch carts are an institution in Ber-
lin. They call at the homes of work
men, and convey lunches to them at the
factories
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

Good humor is the health of the soul;
sadness is its poison.-Stanislaus.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23
RUBBER STAMPS.

All kinds Of Rubber Stamps Made to Order.
Self-mkins Daters--somethlng new. Ink and
linking Pads. Send for Catalogue to Lock Box
40. Fort Wayne. Ind.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

Piso's Cure for Consumption always
gives immediate relief in all throat trou-
bles.-F. e. Bisrman, Leipsic, Ohio, Aug.
Al 1901
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

(Signed) MRS. @. n. BUMGARDNER.
A FREE TRIAL-AGdress Foster
Milburn Co., Buffalo, N. Z. For sale
by oil dealers. Price, so cents
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

TO CURE A COLD IN ONE DAY
Take Laxative Brono ouinine Tablets Az
druggists refund the money II Il fails 10 cure
E w. Groves Gznature = on each box ESQ
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

Mn. windows soozzrs s1nul foe cnfldrsn
i:ss I Dsls. ssss sisi seiis. : ssss Ssszls
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

The suffering endured
by women from disorders
that are caused by irregu-
larity Of the bowels Is ap-
palling. Druggists sell the
best remedy for such irreg-
ularity. It IL Celery King,
the tonic-laxative. sc.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1905-03-23

Dun's Review, publish
ed by r. G. Dun & Co.,
the mercantile agency
The Mankato free press., 1905-08-04

own memories should be at least equally
as reliable as mine, and you should
allow no part of the evidence before
you to be forgotten, overlooked, or
passed lightly by, whether it argues for
the defendants guilt, or for his inno-
cense.
While the evidence introduced tends
op,ove the facts which | have briefly
emmera ted, whether it does prove any
of the facts which it tends to prove, or
what it does in fact prove, if anything,
is a question for the jury alone to de
termine, without any suggestion or in
timation from the court, or from any
source whatever other than the evidence
introduced in the case.
shall recite no part of it, should | do
so ] might seemingly give greater promi-
nence to some parts of the testimony
than to other parts of it. and thereby
do injustice to one side of the case, or
to the other side. To review the evil
dence. and determine the facts, is a
duty placed by the law wholly upon
you. | have no views to express as to
what is proved, and what is not
No person can be convicted of mur-
der, unless the death of the person al
legged to have been killed, is established
as an independant fact, by direct proof,
nor unless the fact of the killing of
said person by the defendant as alleged.
is established as an Independent fact,
by the evidence, beyond reasonable
doubt
The killing of a human being, unless
it is eXcusable or justifiabe, is mur-
der in the first degree, when prepetrated
with a premeditated design to effect
the death of the person killed, or of an
other
Homicide is eXcusable when commit
ted by accident or misfortune i'm doing
any lawful act, by lawful means, with
ordinary caution, and without anv un-
lawful intent.
Homicide is justifable when commit
The Mankato free press., 1905-08-04

day Mr.. Brooks testified at the coron-
er's inquest that the man he saw was
an utter stranger, and DR.. Koch was
not under suspicion that day.
in preference TO Mr.. Brooks, they must
trade faces. If his story was true that
he told on the stand. he should have
been removed from his office by Gov
Johnson before he got back to New
Ulm,' declared Mr. Brown. Mr. Brook S
veracity is unquestioned at New Ulm.
and he stands high
The actions of the defendant after
the homicide were as they had been be
fore, until Thursday, when he was first
suspicioned. and then he was down,
hearted and Frustrated. Who wouldn't
be, it uniustly suspected of murder
The counsel SAYS that DIR. Reinecke was
Frustrated when he was suspected. II
DR., Koch was guilty, he knew that he
left his handkerchief, and that he would
be suspected.
Mr. Brown told how Gen. Childs
would have used his eloquence and logic
if he was prosecuting DIR. Reinecke in
stead of Dr. Koch. and referred to the
circumstances that would be referred to
The speaker had no desire to throw sus
picion ON anyone, but there would be
as much basis to charge some Others
as DIR. Koch.
Closing, Mr.. Brown said that the
Koch family has sat in courts nine
ty days out of the last six months
The defense believed that the evidence
in the case entitled it to prompt ac
quittal at the hands of the jury. ii
will be anxious until the mountain OF
suspicion has been rolled from the hearts
of the Koch family. Mr.. Brown close
at 1880 Il. m.
The Mankato free press., 1905-08-04

ed upon, and acted upon, to the same
extent.
But where a conviction of criminal
offense is sought upon circumstantiai
evidence alone, the prosecution must not
only show beyond reasonable doubt
that the alleged facts and circumstances
are true, but such facts and circum-
stances must be absolutely incompati-
bic, upon any reasonable hypothesis.
with the innocence of the accused, and
incapable of explanation upon any rea
sonable hypothesis, other than that of
the guilt of the accused.
1t is not enough that all the cir
cumstances proved are consistent with,
or point to, the defendants guilt. The
circumstances must not only be in har
mony with the guilt of the accused, but
they must be of such character that
they cannot reasonably be true in the
ordinary nature of things, and the de-
fendant be innocent.
In the investigation of criminal
charges it is usual to inquire whether.
at the time in question, the accused
person had any motive to commit the
crime which he is charged with having
committed; because ordinarily, human
beings are impelled to act by some
known or secret motive; and in this
,, case, it is the duty of the jury to con
slider whether, under all of the evidence
in this case, it appears that the de-
! fendant did or did not, have motive
| for the commission of the crime charged
against him.
The careful consideration of this
question will materially aid you to de
termine the question of the guilt OF
innocence of the defendant.
If motive is SHOWN to exist, it is a
circumstance to be considered by the
Jury with all other circumstances, in de
termining the guilt or innocence of the
defendant.
Proof of motive alone, no matter how
strong, is not sufficient to Justify the
conviction of the defendant, but it is a
circumstance bearing upon his guilt ol
innocence.
The want or absence of any motive
! for the commission of the offence charg-
ed, is regarded in law as a circumstance
favoring the innocense of the accused
person.
Whether any motive on the part of
the defendant to commit the crime
charged against him, is proved in this
case, is a question solely for the jury
to determine from the evidence in the
case.
| After referring to the evidence in the
case, Judge Cray, continued:
| have not attempted by any means to
detail to you all of the facts and cir
cuTstances which the evidence in this
case tends to prove. There are very
many other facts and circumstances
which the evidence in this case tends to
prove, bearing with more or less force
upon the important question of the guilt
or innocence of the defendant now on
| trial before you, all of which evidence
|
you should carefully consider and weigh
as if your attention had been by the
court expressly directed to it. Your
The Mankato free press., 1905-08-04
MANKATO FREE PRESS


facts and circumstances before you
which can aid you in weighing their
testimony.
There has been some testimony given
before you as to statements or admis-
.ions made by the defendant Koch as
to certain matters pertinent to the is
sue now being tried before you. Such
testimony should also be received by
YOU with great caution, as that kind of
evidence is subject to much imperfec
ton and mistake. The defendant may
not have clearly expressed his meaning,
or the persons who have so testified
NAV have misunderstood him. But it
is the province of the jury to weigh all
such testimony and give it the consid
eration to which it is entitled, in view
of all other evidence in the case
The defendant has testified as wit
ness, and you should weigh his testi-
mony as you weigh that of other wit
nesses: consider his interest in the re-
suit of the case, his name, and the prob
ability or improbability of his testi
mony, and in order to test its truth
fullness, apply to it all the tests which
you apply to the testimony of all other
witnesses who have been sworn before
you.
Very much of the evidence that has
been introduced before you, is what is
called in law circumstantial evidence,
as distinguished from direct or posi-
tive evidence, bearing more or les supon
the question of the defendants guilt
or innocence of the crime charged in the
Indictment.
Evidence is positive, and direct, when
the facts in issue are testified to, OF
communicated by, those who have actual
knowledge of such facts by means of
their senses. as for instance where a
witness testifies that he saw an act
done. or an offense committed.
Evidence is circumstantial when a
fact which is not positively known, is
presumed or inferred from other facts
which are known and proved.
This is a case where very many of
the material facts at issue rest entirely
upon crcumstantial evidence.
The state claims to have proved GER
tain facts. and then asks you to infer
from such facts, the further fact of the
guilt of the defendant.
Circumstantial evidence is the proof
of such facts and circumstances con
nected with or surrounding the commits
sion of the crime charged, as tend to
show the guilt or innocence of the party
charged. Circumstantial evidence is le-
gal and competent in criminal eases, and
if it is of such a character as to ex-
cludc every reasonable hypothesis other
than that the defendant is guilty, then
it is entitled to the same weight as di-
rect testimony
And if these facts and circumstances
are sufficient to satisfy the jury of the
guilt of the defendant, beyond reas-
enable doubt, then such evidence is suf
icient to authorize the jury to find a
verdict for guilty.
Circumstantial evidence may carry
conviction to the mind as positively as
lirect and positive evidence, and when
.ircumstantial evidence is as convincing
as positive evidence, it should be rei-
The Mankato free press., 1905-08-04

Charles Weise. brakeman on the Mil
waukee. while filling an engine tank
yesterday, was thrown from the tank by
the force of the stream, and sprained
his right ankle badly.
Durango semi-weekly herald., 1905-02-06
TOLSTO| TO
SPRING NEW
DOCTRINES

LONDON, Feb. Count fischer
ekoif. agent of Count Tolstoi, issued a
summary Of pronunciamento which
Tolstoi will issue soon on the les
sons of recent rioting. The famous
writer declares all governments are
nothing but organized institutions.
which, being immune from punish
ment. have power TO punish and plum
der others. Elemantary measures de
manded in Russia such as freedom of
speech and conscience do not touch
the central problem. which, he de
clares is naturalization or communi-
son of land. The free press existing
other countries is free in name only
being controlled by the wealthy. Only
hopes. Tolstoi declares, lies in perfect
ing the individual, morally and relig-
iously. When real respect for others
come then hatred AMI brute force dis
appear
Durango semi-weekly herald., 1905-02-06
CRACK ATHLETES TO COMPETE.

NEW YORK, Feb. 4-Lovers OF
athletics will have chance to wit
ness the cream of the athletic world
in competition in Madison Square Gar
den tonight, when the Greater New
York Irish A. A. will hold its annual
athletic carnival of sports. The asso.
citation is probably the largest and
best equipped amateur athletic club
III the country. There is hardly a mem
ber of 1t but is personally interested
in sports. and tney hold among them
no less than 27 championships.
Among the events to be contested
tonight are a 30O-yard handicap run,
a 600-yard novice race, a l000-yard
handicap run and a mile and a half
handicap race. Then there will be a
running hign jump, handicap: an $50
yard relay race for school boys, a
two-mile handicap relay race for four
men teams; throwing the 56-pound
weight from stand; putting the 2s-
pound shot. the ten-mie run for the
A. A. U. championship; a one-mile in
tercollegiate relay race from scratch,
and game of old Gaelic football.
Probably the most interest cen
ters in the ten-mile championship.
run, the winner of which will re
ceive diamond studded gold medal
donated by John d. Crimmins. All the
best runners of amateur rank, includ-
ing Champion Joyce and Il. p. Carr,
will start in the race for tnis prize.
The carnival will he open to all reg
istered athletes, whether members Of
athletic clubs or not The entry list
is the largest in the history Of indoor
meets in the metropolis and unless
all signs go astray several new re-
cords will be established.
Durango semi-weekly herald., 1905-02-06
FROST FOR
AC|TATORS
At 0URAY

OURAY. Colo. Feb. 4.-Hand bills
were circulated about town yester-
day calling on all people who believed
in the welfare of the state and the re-
tention of Gov. Adams In the guber.
natorlal chair to meet at the court
house at eight O'Clock The hand bill
was signed Committee"
Between s and $50, possibly fifty
people made their appearance but a
greater frost was never experienced
in AMI community. In the first place no
one assumed responsibility for the
meeting and there was no organiza-
ton. different ones being called on to
act as chairman, refusing to serve and
by nine O'Clock stiffness prevailed
throughout the building, the meeting
having come to an end by disintegra-
ton one at a time No action was
taken AMI no resolutions setting forth
the dire calamity that will befall the
state II the agitators do not retain
their man in office. gentleman pres
ent said two cents would buy the
earthly possessions of the entire
bunch taking part In the discussion
and have some money left over.
Durango semi-weekly herald., 1905-02-06
SENSATION SPRUNG IN
BRITISH OFFICIAL CIRCLES

LONDON, Feb. A sensation was
created in official circles this morn
ing by the printing of a speech today
delivered in Easily last night by
Arthur Hamilton Lee, civil lord of the
admiralty His lordship declared That
Great Britain had not 50 much to
fear from France as she had to look
with anxiety toward the North Sea
and the fleets distributed there by
Germany. He said that Great Britain's
strength as a naval fighting power
had been doubted and she would get
in her blow first, should trouble come.
The speech is commented on by the
London morning papers as very indis-
Greet and likely TO be greatly resent
ed by Germany, at which it was evi-
dently pointed.
Durango semi-weekly herald., 1905-02-06
HUNGRY CHILDREN TO BE
FED BY SALVATION ARMY

NEW YORK, Feb. 4.-BeHeving that
10000 children in New York go to
school daily without having had
breakfast. the Salvation Army de
pots of the city where poor children
can eat breakfast for nothing. Orders
We're Immediately given by Comman-
der Eva Booth for the opening of
three food stations. one at 9s Cherry
street, another at Carlisle street
and third at 16 Fourth avenue. Here
soup and bread will be fed the hungry
children.
Five more stations will be estab-
ished this weaft in different parts
of Manhattan. Salvation Army work.
ers will go into the poorer districts
distributing tickets emitting children
to free meals. Beginning with to
morrow supply Of tickets will be
TUNED over to the school-teacners
for distribution.
Durango semi-weekly herald., 1905-02-06

the confidence Of the country, ship
pers and railroad men alike. II is not
denied by anyone that the commission
as ii now stands fails to meet expecta.
tons. still there are some strong
men among the present commissions
ers. and these the President would
reappoint II congress were TO enact a
law abolishing this commission and
creating new one 1t is thoroughly
understood that If the law which con
gress is expected to enact at some un-
known date in the future leaves the
present commission in existence. as
is provided in the House Bill, Presi.
dent Roosevelt will solve the problem
by summarily removing the members
of the present commission who are
not considered strong enough for the
important work of the future. If there
is doubt as TO the power of the Pres
ident to remove commissioners before
the end OF their terms, Mr. Roose-
welt may be depended upon to find the
way 1t is board constructionist we
have in the White House now
Durango semi-weekly herald., 1905-02-06

the bear was rolling over her. strik.
ing al the woman savagely. McCree
and another man siezed the brute
and tried to drag II away from the
actress. when the bear turnel on them
and made deep gaohes in their bodies
with his claws. The terrified chorus
girls ran screaming all over the build
ing. the stage hands finally secured
ropes and made a prisoner of the an
imal The bear was to be used in a
wrestling act and was tnought TO be
safely in his cage, Owing to injuries
received by the principal players and
the excitement in consequence OF this
mornings accident, 1t Is announced this
afternoon that the theatre will not be
open tonight This was to mark the
opening of the establishment as one
of the handsomest theatres OF New
York 1t will not now open its doors
until the middle of next week.
Durango semi-weekly herald., 1905-02-06

as possible and to afYord every facil
ity 10 the Democrats to prove II they
can. that ballots heretofore classed AS
Illegal were really written .snd cast
by acutal voters. Such testimony
would of course only apply to one out
of the dozen different kinds OF fraud
that were practised on election day
and further proof as to the other
kinds will have to be introduced IL
the Democrats expect to make 1t pos.
sible 10 retain in the court any OF the
precincts which the Republicans have
asked thrown out. 1.
In attempting to prove that the
election In Denver was honest. the
Democrats have undertaken task
that is overwhelming. and in which
nobody really expects them to sue.
coed. Unless some other line of de-
tense proves more effective. their
chances would Seem TO be very slight.
Durango semi-weekly herald., 1905-02-06
GOTCH AND JENKINS READY

CLEVELAND o, Feb. Among
lovers of athletic interest is at fever
heat in the wrestling contest to take
place here tonight between Tom Jen-
ltins and Frank Gotch. The contest
will be for the championship Of the
United States. the title which Gotch
holds. and a purse of $1,000. Catch
as-catch-can style will prevail, with
the strangle hold barred. For several
weeks both men have been training
assiduously and the bout is expected
the padded mat
Durango semi-weekly herald., 1905-02-06
ENGLISH PRAISE FOR cHoATE.

LONDON, Feb. 4.-The English
press continues tn ring with high
praise Of Ambassador Cnoate, an
nouncement of whose intended retire.
ment has been received with a feel
ing OF genuine regret that is absolute-
ly without precedent The following
paragraph from the current issue OF
BLACK and White" Is fair sample OF
the friendly sentiment that mas found
expression in newspapers and period
icals throughout the country:
'In all the long line of distinguished
men who have filled the post of Amer
lean Ambassador at the Court of st.
James. none mas enjoyed a wider
popularity than Mr.. Choate and none
VIII be missed and regretted more
sincerely on this side of the Atlantic
when In the course of few months
he presents. as he mas decided to do.
his letter OF recall. We in England
have come to regard the American
Ambassador as much more than
diplomatist. He is, in way. a public
institution and the part that he plays
In our social life IL almost as active
and intimate as II he were one of our
public men. On all sorts of ceremonial
occasions and celebrations tnc Ameri-
can Ambassador is invited to believer
orations, which are invariably models
OF felicity, and which are unchilled by
that formality and reserve imposed
by tradition on the utterances of other
diplomatists. The art of apt and grace-
full speech has been cultivated to a
high degree Of perfection in the States
but none of Mr.. Choates predecessors
has excelled him in its practice; and
his withdrawal from our midst will
indeed be sensible loss to many
sides of our social activity. or his
qualities as diplomatist 1t Is posst-
BILE TO speak quite as highly. for dur
ing his residence in England several
| anxious questions between the Unit
ed States and Great Britain have
come mp for adjustment, and their
settlement has been due In no small
| measure to his exertions. He under
| stood the English people. and he
| liked them as much as they liked him.
and 1t should be some satisfaction to
MIN to know that he returns TO his
own country having helped to bring
about a better understanding between
the two English-speaking nations than
than has ever before in their history
prevailed"
Durango semi-weekly herald., 1905-02-06
INDICTED FOR FALSiFYiNG
CHiCAGO'S CITY RECORDS

CHICAGO, Ill, Feb. 4-Seven in
dictments charging falsifying city re-
cords and perjury, were returned to-
- = ~ the grand jury which investi-
gated the Illinois canal case. The in
of the company; William Loefiler, ex-
city clerk; Edward Thorn, assistant
city clerk; Edward Novak ex-alder-
man. John Higgins, a printer, secured
for the company franchise to con
str,tct and operate conduit. The
size of the coniuits and remuneration
TO city are not specified. The company
is now worth fifty millions. Its fran
chise is said to be endangered.
Durango semi-weekly herald., 1905-02-06
ROOSEVELT SATISFIED
WITH RATE MAKING BILL

WASHINGTON, Feb. 4.-President
Roosevelt Is quite content with the
railway rate bill which has been re
ported to the House. He regards 1t as
a very mucn better measure than the
one prepared by Mr. Hepburn. There
dent would like TO have the bill chang
ed He hopes to have an opportunity
to wholly reconstruct the present in
terstate commerce commission to the
end that II may be made a body of
such commanding ability as to win