davidaulloa/AmericanStories huggingface dataset:
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Friday, Sept. IS.

The Union Veteran Legion of the
United States is in session at Will
mington, Del.
Rene Gobelet, former president Of
the French council of min. tiers. Is
dead of acute asthma at Paris. He
was born in 1928.
At the Massachusetts Prohibition
state convention held at Boston Thurs
day William Wylie of Beverly was
nominated for governor.
Isaac G. Leonard, said to be the old
est man in Chicago, is dead at the
age of 102 years. Paralysis was the
immediate cause of death.
Concessions have been obtained for
direct submarine telegraphic lines be-
tween the United States and the en-
pires Of Japan and China.
Elijah Brigham Phillips, formerly
one of the most prominent railroad
men in the country, is dead at his
home in Brookline, Mass, at the age
of eighty-six.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
NEWS CONVERSATIONS
Thursday. Sent. ID.


Charges against William r. Lsib.
assistant United States treasurer at
Philadelphia. have been forwarded to
President Roosevelt.
The eighth annual convention Of
the League of Iowa Municipalities con-
vened at Burlington Wednesday with
200 members in attendance.
Five thousand mine workers pa.
raded at Mahonoy City, Pa, Wednes.
day in honor of President John Mitch
ell, who was given rousing reception.
Articles have been signed for a
twenty-round contest between John
File of Chicago and Gus Rubin, the
Akron giant, on Sept. ~ at Salt Lake
City.
AS \ result of injuries received in
the wreck of the Chicago-New York
eighteen-hour train at Mentor, o., June
Il Rudolph c. Cordua, a travelling
salesman, is dead at his home in
Brooklyn.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
AROUND THE STATE
Railroad Building Promised
Indian Assassinated- Gold
in Building Excavation
Lyman County Prairie Fire
Shooting at Andover-
Pioneer Dead

The announcement of the filing of
articles of incorporation of the Pierre,
Rapid City and Northwestern railway,
TO build from Pierre to Rapid City,
coupled with the news of the pur-
chase of the right of way and fran
chises of the old Rapid City, Missouri
River and st. Paul railway by the
Northwestern, coming all in one day,
has brought more railroad excitement
to Pierre than has come since the
building of the Northwestern into that
place twenty-five years ago. These
two deals, coupled with the fact that
the Duluth, Pierre and Black Hills
railway, a local corporation, has
transferred to Marvin Hughitt the
bridge franchise which it held at
Pierre has about completed the assur-
ance Of immediate work west from
that city,
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
AID FOR REPUBLICANS
NEW YORK LIFE CONTRIBUTED
$4,000 TO CAMPAIGN FUND
IN 1896, 1900 AND 1904.

New York, Sept. 15.-On the stand
during the afternoon in the insurance
investigation George w. Perkins pro-
duced a check for $4s,O00 drawn by
the New York Life Insurance COM
pany Dec. 80, 1904, payable to ]. P.
Morgan & Co. Mr.. Perkins testified
that this check was contribution to
the national Republican committee
and was promised to Cornelius N.
Bliss, treasurer of the committee.
Mr.. Perkins said the same thing
was done in 1896 and 1900. The rea-
son for these contributions, he said,
was that the company feared its as
sets would be endangered in case of
Democratic success.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Wednesday, Sept. 20.

wednesday, sept. 20.
Justice William j. Gaynor Tuesday
oecllned to accept the fusion nomina-
tlon Tor mayor of New York CITY.
Sixty buildings were DESTROYED by
nre at Nome. Alaska, on the night OF
Sept. l3, causing loss estimated at
close to 100000.
Joseph Keenan,, banker and former
mayor of Leroy, Ill.,, is dead. He
leaves extensive land holdings in Cen.
tral Illinois. He was seventy.seyen
years old.
-Four mysterious fires in three of the
forts protecting New York harbor
Within the last two months have
caused the military authorities of the
department of the East much concern.
Active work is going on in New
York city looking toward permanent
worlds fair to be opened in 1909 in
celebration of the tri-centennial cele.
oratlon OF the discovery of the Hud.
son river.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
MAYOR COLLINS DEAD.
Boston's Chief Executive Expires Very
Suddenly at Hot Springs, Va.

Boston, Sept. 15.-The death of
Mayor Patrick A. Collins at Hot
Springs, Va, is announced here by M.
J. Curran, secretary of the mayor. A
telegram received by Mr.. Curran re-
ported the sudden demise of his chief.
The immediate cause of death was a
hemorrhage of the bowels. Mayor
Collins was sitting up talking with his
son when seized with the attack,
death occurring shortly afterward
Mayor Collins was one of the lead
ing Democrats of the country. He
served in congress from 1883 to 1889
and was United States consul general
at London from 1892 to 1897.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
FEVER IN THE NORTH
GENERAL HUNDRED REFUGEES
FROM LOUISIANA ARRIVE
At CINCINNATI.


Cincinnati, Sept. 16.-At least five
persons having yellow fever arrived
here on special train over the Queen
and Crescent line during the day.
The train consisted of 200 refugees
from Lake Providence, La, and Tai
lulah, La, who were fleeing from the
yellow fever.
Fifty of the party Of 200 are abso-
lutely penniless, though each carried
q lot of hand baggage. These fifty
gathered together in group at the
Grand Central station. Congressman
R. E. Ransdale of Lake Providence,
La, was on the train and he and his
family rendered every assistance to
the stranded crowd of fifty.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
SHORT OVER 100000
CLERK IN PUBLIC HEALTH DE.
PARTMENT At WASHINGTON
UNDER ARREST.

Washington, Sept. 1S.-Secret serv-
Ice officers have arrested James w.
Boyd. clerk in the public health and
Marine hospital service, for manipulate
Ing vouchers pertaining to the busi-
ness OF the Office, by which he is said
to have secured in the last two years
over $4,000.
When confronted with the charge
Boyd confessed. In several instances
vouchers for small amounts we're
cleverly raised to considerable sums.
Boyd is about forty years of age and
married, his wife at present being in
Europe.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
REPORT is ENCOURAGING.
Yellow Fever Situation at New Or
leans Improving.

Yellow Fever Situation at New Or
leans Improving.
New Orleans, La, Sept. 20.-Follow'
ing is the official yellow fever report
up to p. m. Tuesday:
New ceses, "a; total cases to DATE
1888; deaths, 4; total deaths, $40;
new sub-foci, s; cases under treat
ment, 321; cases discharged, l,s73.
DR.. Whites assurance to the cltl-
zens' committee that all danger VIII
have passed before the date set Tor
the presidents arrival and that the
party may come to New Orleans and
travel over the state without rlsk'
show the confidence entertained oy
the federal authorities that hence
forth there will be a rapid improve
ment in conditions.
There are now 40 cases under treat
ment at Cote Blanche, on Bayou Ia
Fourche.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Find Gold on Theater cite.

When work began few days ago
on the excavation of the foundation
for the new theater at Deadwood q
channel of valuable placer dirt was
uncovered. Great excitement at once
ensued and pan after pan Of dirt was
washed out in the adjacent creek,
each pan showing good string of
colors. The find proved to be not
merely a pocket, as was first thought,
but well developed channel Of
placer that was lying idle and undis-
covered.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Tuesday, Sept. 10.

Fire in the residence district OF
Houston. Tex, destroyed seven resi-
dences at loss of 100000.
Mrs. Neil Burgess, wife of The ac-
tor and niece of ]. H. Stoddard, Is
dead ct her home in Highlands, N. j.
r. ". Bergmeier. editor OF Die
volkszeitung, a st. Paul German daily
newspaper, is dead from Brights as
ease and other complications.
The Standard Oil company has ad-
yanced the selling price on all grades
Of refined oil one-half cent per gailon'
Gasoline II advanced / cent per sal'
Ion.
The Society Of the Army OF the
Cumberland met In its annual reun'
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Young Indian AssassInated.

The authorities have as yet been
unable to solve the mystery surround
Ing the tragic death of an Indian
named William Bean, Jr.. at the great
convocation of Episcopal Indians just
held at White Swan. Bean, who was
about twenty. left his tent with shot.
gun. In short time a report was
heard and when the young Indian was
found it was discovered he had been
shot in the region of the heart. In a
conscious interval he said he saw an
Indian coming toward him from some
bushes near his tent and that without
a word the strange Indian shot at him
and then took to his heels.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
MUCH IO FREQUENT
American Fishing Vessels on
Lake Erie Chased by Cana.
dian Cruiser
Thirty Shots Riddle Fleeing
Fishers Upper
Works

Erie, Pa, Sept. 1S.-The fourth of the
hshing tug episodes of the past week
took place in midlake Sunday when
the Canadian cruiser Vigilant riddled
the big steam tug Harry G.. Barnhurst
with small shells from rifles on the
patrol boat. Captain Nichol Fassel
admitted afterward that the Vigilant
could have sent him to the bottom II
Captain Dunno had so desired. They
ran more than eight miles under full
head of steam before they crossed the
boundary line and escaped from the
Canadians. More than thirty shots
small shells landed with telling effect
on the upper works, SO that the boat
careened to one side with the mass
of wreckage when she came into port.
Having been used formerly for a
pleasure steamer, the Barnhurst was
well fitted up for accommodations.
Two fishermen were cut in the face
by splinters shot away by bullets.
The Rarnhurst, according to Captain
Fassel, was about five miles over the
line drawing nets when the Vigllant
appeared. Captain Dunno ordered the
Barnhurst to stop, but instead of do
Ing so Captain Fassel put on full
steam and started for the line. He
could not be headed by the Vigilant.
It has become quite the custom for
the Erie fishermen to cross the line,
regardless of strict orders from the
companies employing them. They
never think of surrender when there
is a chance to run away. The Barn.
hurst lost large quantity Of nets.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
DEATH LIST REACHES NINE.
Result OF Explosion and Fire at
Avon, Conn.

Avon, Conn, Sept. 16.-The list Of
deaths by the explosion and fire which
destroyed the Climax fuse works here
now numbers nine, two of the injured
having died during the night. The
latter were Charles Dimock and Miss
Nora Ryan, both of whom were Sc
verely burned. Another of the injured,
Charles Legayt, is not expected to
live.
The exact cause of the accident
may never be known, but it is the ac-
cepted theory here that in an effort
to burn out stoppage in one of the
machines workman caused an ex-
plosion of fuse with the hot iron he
held in his hand
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Lightning Destroys Big Barn.

Peter Kinney, a farmer living near
Aurora, suffered the loss by fire of
barn and all its contents. 1t is
thought the fire was started by light
ming striking the building. The barn
contained four valuable horses, all
Kinney's farm machinery, about 1900
bushels of barley and other property.
Kinney and the members of his fam
lily were not awakened by the fire and
did not know of the misfortune until
morning.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Sioux Falls and Western.

Another South Dakota independent
railway move has been launched in
the filing of articles of incorporation
of the Sioux Falls and Western Rail-
way company, with capital of $10,-
100000, to construct 210 miles of road.
The incorporators are R. F. Pettigrew,
6. w. Burnside, w. H. Lyons, H. G.
Freeze and G. o. Bailey, all Sioux
Falls men. The plan comprises two
lines. one to Greenwood through the
counties Of Minnehaha. McCook,
Hutchinson, Douglass and Charles
Mix; the other to Bon Homme through
Minnehaha, Lincoln, Yankton and Bon
Homme counties.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
South Dakota Pioneer Dead.

Cyrus Waltz, aged sixty one, a judge
Of Sioux Falls court and one of the
pioneer residents of South Dakota, is
dead as the result of cancer of the
liver. He located at Yankton in 1869
and removed to Sioux Falls in 1870,
making his residence there up to the
time of his death. He held several
official positions, among them county
superintendent of schools, clerk of
courts and county surveyor.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
indian School Crowded.

The Pierre Indian industrial school
has started the term for the coming
year with a full attendance of 150
pupils. This is the limit of the school,
but the demands for admission are far
beyond that figure and the school al
ways is crowded. AS soon as the new
building is completed the limit will
be 200 pupils and that number easily
can be secured for any term.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
TOPIC is ouTLAwED.
Further Discussion Of Tainted Money
Barred.

Seattle, Sept. 1G.-By vote of 46
to 10 the American board of commits
sioners for foreign missions has gone
on record as being opposed to fur
ther discussion of tainted money" in
any Of its phases.
This vote was not taken, however,
until the question had been threshed
out in all its phases and the leading
Congregationalists of America had
voiced their sentiments on the sub
ject.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
WILL KEEP HIS ENGAGEMENT
president Roosevelt to Visit Now or
leans. Oct. "a.

New Orleans, Sept. 19.-Presloene
Roosevelt has sent q message ~
Mayor Behrmann in which he sald
that he expected to arrive in that Guy
nm Oct. "a and that he should 40 50
If the people wanted him to come
then. If they wanted him TO come
later he would make second Trip "
visit Louisiana and Arkansas. ne IL
tended to do whatever the people o,
New Orleans and Louisiana wlsnea a
subject to the quarantine regulations
If other states through which no
would afterward pass.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

Ion at Chattanooga, Tenn, Monday.
Inere were several hundred men pres,
ent from the East. North and West.
General Isaac ]. Wistar of Phila-
delphla, philanthropist and scientist.
IS dead at his summer home in Clay.
mont, Del, after an illness of one
day. EIe was seventy-eight years old,
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
PRESIDENT URGES HASTE.
Anxious for Completion Of Canal in
Shortest Possible Time.

Shortest Possible Time.
Washington, Sept. 16.-President
Roosevelt is urging in the strongest
terms the necessity for plan for the
construction of the Panama canal
which may be accomplished in the
shortest possible time. In his recent
remarks to the consulting board of
engineers of the isthmian canal COM
mission he said many things which
are regarded as of the utmost impor-
tance in that connection. These re-
marks have just been transcribed and
transmitted to the board here and
General Davis, its chairman, has been
authorized to make them public.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Robbery the Alleged Motive,

Charles Alberts has been arrested
for shooting Albert Bryant, a farmer
living near Andover, and seriously in
juring him. Alberts worked for Bry-
ant and assaulted him with the pur-
pose of obtaining money which he
knew him to have.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
County Auditor Not Guilty.

The trial of Tolbert Maupin, who
as county auditor of Stanley county
was charged with duplicating county
warrants, has been completed in the
circuit court Of that county. A YER
dict OF not guilty was returned.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

Japanese envoy, who is i'll at the
Waldorf Astoria, has typhoid fever.
His physicians agreed on the diaeno-
sis Monday, but said 1t was a mild
ease of typhoid. This final diagnosis
may alter the plan to start westward
with the baron on Oct. 2.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
HoTTENToTs DEFEATED.
German Force Routs Natives After
Hard Flight.

Berlin, Sept. 16.-An official dis
patch from German Southwest Africa
says:
"Major Meisler's column Of colonial
troops engaged the insurgent Hotten-
tots Sept. 13. After five hours fight
ing the natives gave way, leaving
sixty dead. Two Germans were killed
and twelve, including Major Maersker,
were wounded"
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
vviII Feed Canal Diqqers.

L. b. Wadleigh, a wealthy ranchman
living near Pierre, is making arrange
nlents to lease his ranch and JOIN MS
son-in-law, Marke4 of Omaha, who has
the boarding contract at the Panama
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
canal. Mr.. Wadleigh is heavily inter
ested in the deal.
Lyman County Prairie Fire.

The first serious prairie fire of the
season has just swept the region
south of Iona, situated in the southern
part of Lyman county west of the Mis-
souri, river. It destroyed a great deal
of hay and haying machinery and
some buildings.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Crude Oil Price. Again Advanced.

Pittsburg, Sept. 19.-The price Of
oil grades Of crude oil, except raglan,
was advanced again during the day
by the Standard Oil company, making
the third advance in quotations in two
weeks. A: usual the higher grades of
oil were raised cents and the lower
grades z cents.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
sHERRlck IN CUSTODY.
Ex-state Auditor Of Indiana Arrested
on Embezzlement Charge.

Indianapolis, Sept. 16. David 3.
sherrick, ex-auditor Of state, is under
arrest charged with embezzlement of
the states funds. He waived exam
nation and has been bound over to
the grand jury under heavy bond.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
LAKE STEAMER BURNED.
Two Of the Crew Drowned In Trying
to Make Their Escape.

sault Ste. Marie, Mich, Sept. 49,.
The schooner v. H. Ketchum, bound
from Duluth to Cleveland. burned Sat
urday night OF Partisan Island. Lake
Superior, and two members Of the
crew were drowned while attempting
to leave the burning vessel in Z life.
hnof
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
NAN PATTERSON MARRIED.
Weds Man From Whom She Was
Divorced Three Years Ago.

Washington. Sept. 1e.-Miss Nan
Patterson, the actress, who was tried
for the murder of Caesar Young in
New York, has married her former
husband, Leon G. Martin, from whom
she was divorced about three years
ago. The ceremony occurred at the
home of the brides father in this city.
Mr.. and Mrs. Martin will reside in
New York, where the former manages
hotel.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
tE ARMISTICE!.
kND JAP GENERALS
PE NEGOTIATIONS
| MANcHuRlA.

es, Manchuria, Sept. 15.-
Fal ovanofsky and his
ID from Kochiation at 8
rsday evening. At Z
pesday evening General
bnd General Fukushima
mistice ordinance In the
kear Chakhedze after ne
Pad been conducted for
Rtive hours.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

I 19.-The days official
! that Z fresh cases of
10 deaths have been re-
past "a hours, the totals
es and rs deaths.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

keden, Sept. 2o.-The
Norwegian commissions
[TuesGay in unofficial
Id there was no joint
! not expected that a
feement will be reached
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

bpt. 2o.-The Aftenpos-
lat though during the
! Karlstad no troops
for Norwegian will be
] frontier and though
(rds on both sides will
| distance sufficient to
ms, there is as yet no
ding the troops home.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
SMUGGLING CHINESE.

htlon Inspectors Removed
From Office.
p, Sept. 19.-The depart
Pmerce and labor has Is
removing Edward Boltz
N. Stevenson. Chinese In
the immigration service.
ehafged with assisting In
our Cinnamon into the
s at Buffalo, N. Y, and
ag falsely at the hearing
ihamen, whose cases are
ne United States commis-
u1alo. This is the first
ne government has been
lie Chinese exclusion act
pector has been found
fh an offenss.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
'F TYPHOID FEvER.

( k,na'ly n., Asre. Upon sar
!, ,"0'"ura's Malady. 5'I
Z -, nsps. ls.-It turns out
0afon Komura. the
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
EKAkER
Jay and Sweden
ck by Great
wers
p,estions to Settle
Now Improb.
EbIe

2O,-The correspond
Is at Karlstad thus
kress of the Swedish
tiations:
L on the two princi-
/ still, in some techni-
hder discussion, and
knotty points on which
: has not yet been
is, however, every
|al agreement will be
T."
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

hcement by the German
cvernment.
Sept. 19.-The German
las declared that the
hic has been checked.
tower has cabled the
ent from Berlin AZ fol-
anced officially by the
hment that the cholera
|cked and that an cpl
|ely unlikely"
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22

|PlDEMIc CHECKED.
The Aberdeen Democrat. (Aberdeen, South Dakota) 1???-1909, 1905-09-22
Hs OLD WAGE SCALE.
ent Handlers at chlcaqo
F'll Not Strike.

Sept. ls.-The Chicago.
!. handlers voted Monday
y old wage scale and con-
nave prevailed for two.
easements s', to that effect
l,oS WIN nineteen railways.
strikes have been
ne past ten days. All the
,efs he will begin work Tues
-. e renewed contracts With
lof a strike until the a.
'ne agreements ! year
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-15
F. r. Patch Manufacturing Com.
pany Collecting Verdict
against Them.
1RUSTBElNG THEIR WAGES
Membcrs Of PrOtection Lodge Of Ma.
chinists Must Ray Nearly $4,000 for
Breaking the Law during Rut.
land strike In 10Oc-The
Procedure Unprecedented.

Rutland, June 1.-THE union men Of
this city are much excited over the action
taken to-day by NJ. G. Webber attorney
for r. r. Patch Manufacturing Co, is
trusteeng the wages of g members ol
Protection Lodge Of Machinists TO salts.
~ "A judgment Of $500 awarded the come
pany in a case brought against the lods(
because OF picketing and boycotting dur.
ing the strike in 1902.
This case. which was tried in 1903 anI
attracted much attention all over thS
country. was carried to the supreme court
which affirmed the decision Of the loweI
court.
The costs in the case bring the amount
up to about 81 o0o. AS the lodge owns nd
property. f. r. Patch, president of tho
company. states that he is determined "a
collect the full amount from the indvids
ual members of the lodge by trusteein1
their wages and attaching their props
erty. This method of collecting damageG
| from strikers is unprecedented in this or
any other State. 1t is expected that this
action by the company will work much
hardship as man: poor men who werS
not active in the strike, have had from
so 10 $50 OF their wages trusteed, This
method of collecting the Judgment is
taken by the defendant by virtue OF sec.
ton 1859 of the Vermont statutes.