davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

the exercise of the power is present.
3. That part of section 8246, re-
vised codes, which authorizes trial
judges to receive verdicts in criminal
cases in which the jury has fixed the
punishment higher or lower than pro-
vided by law, and to pronounce judg-
ment thereon for the highest or the
lowest punishment authorized by
statute for the offense of which the
defendant is found guilty, is manda-
tory. Verdicts coming within the ex-
ception found in this section are legal
and valid verdicts and it is the duty
of trial judges to receive the same and
enter judgment thereon.
4. The defendant was tried and
found guilty of murder in the first de.
gree and sentenced to imprisonment
for life. At the trial he interposed
the plea of former conviction under
the same information, and supported
his plea by offering verdict returned
by the jury at the former trial in
which they found him guilty of MUIR
der in the second degree and fixed the
period of his punishment at seven
years. The trial court instructed the
jury to find against the defendant up
on this plea. Held, that this was er-
ror; that, for reasons stated in the
opinion, the verdict was legal and
valid and it was the duty of the trial
judge to sentence defendants there
under and that the trial court ex-
ceeded its authority in sentencing the
defendant for life. The Judgment
must, therefore, be modified to cor
respond with the lawful punishment
which he was authorized to impose
and as of the date of the former
verdict.
Appeal from the district court of
Walsh county; John F. Cowan, Judge,
presiding by request.
Tracy R. Bangs, for appellant.
E. R. Sinkler, states attorney for
Walsh county, and George M. Price,
states attorney for Cavalier county,
for respondent.
Decision by Young, justice.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

The state board of pardons meets
at the capitol tomorrow. Under the
amended law, the board meets now
on the second Tuesdays in June and
December. There are several i'm.
portant cases to be presented to the
board at this meeting. William Law
convicted of murder in Trail county
and sentenced to Imprisonment for
life and whose sentence was after
ward committed to fifteen years, asks
for a pardon. Joseph Bassanella, an.
other prisoner convicted of murder
whose brother was hanged for a sec.
ond murder in Mclean county two
years ago, is another petitioner for
pardon. In addition to these there is
the usual number of applications of
all classes of prisoners who seek the
clemency Of the state pardoning
board.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01
SUPREME COURT DECISIONS.
Ballot Case.

In the case of Roberts VS.. Bope,
Kidder county, the district court is
affirmed. This was an action involv-
ing the Office of county auditor. and
the question raised was whether
blanket stickers are legal. i,
The syllabus of the opinion is as
follows: =
1. Under the Australian ballot law
of this state an elector may Indicate
his choice by writing or pasting the
name of candidate in the space pro-
vided for that purpose, and over the
name of an opposing candidate, even
though the name so written or pasted
on is printed ,on the official ballot in
another column, and it must be
counted.
2. Where the voter indicates his
choice by writing the name upon, or
by pasting a printed sticker contain
ing the name upon the official ballot,
a crossmark after the name so written
or pasted is not necessary to entitle
it to be counted.
8. Official ballots upon which the
elector has placed printed stickers in
the manner provided by statute, are
not rendered unofficial by that fact
and must received and counted.
4. The fact that the voter has at
tached a combination Of stickers COW
ering the names of several candidates
and substituting the names of those
upon the stickers, without severing
the stickers and attaching them separ-
ately does not render the ballot in
valid.
Appeal from the district court of
Kidder county; w. H. Winchester,
judge.
Knauf & Knauf, for appellant.
S. E. Ellsworth and J. W. Walker,
for respondent.
Decision by Young, justice.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

The Russian fleet was badly managed
by the men of the command. The
ships were foul from long travel.
Esprit du corps was lacking. Fear
possessed the sailors. A swift and
spirited attack threw the fleet into
confusion and the defeat of the feet
followed as a matter of course. No
such thing could have happened be-
tween two forces evenly matched in
daring and naval skill. Torpedo boats
sent against skilfull and daring
sailors would have been riddled and
sunk before they had accomplished
their purpose. Togo did merely what
it was expected the dashing Japanese
sailors would do-destroy the forma-
ton of the Russian feet and destroy
the ships piecemeal.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

The decision of the supreme court
in the case of William Barry is one
of the most important and interesting
handed down by the appellant court
in many years. Affecting as it does,
not any great vested or property in
terests, but the simple fact of mans
liberty as against a temporary incar-
ceration in the state penitentiary, it is
a case of much human interest. The
point made by the court in this case
is not at all obscure but a simple
statement of the fact that the finding
of a jury that is permitted under the
law, even if the jury attempts to ex-
coed it's powers in the fixing of
sentence, must be received by the
trial court, which may then modify
the matter of sentence to conform to
the law. The facts in the Barry case
are clearly set forth in the decision.
A jury found Barry guilty of a lesser
degree of murder than that with
which he was charged and attempted
to fix a penalty less than the law
fixes for that degree of crime. The
trial court would not receive the YER
dict. Thus followed disagreement
and subsequent trial at which Barry
was found guilty of a greater degree
of murder and sentenced to life i'm
prisonment. The supreme court
throws out this latter trial altogether
and holds that it was mandatory upon
the trial court to have received the
first verdict and to have pronounced
sentence agreeably to the law for
such degree of murder. This means
that Barry, instead of being imprison-
ed for life, will have to serve ten years
from the date of his conviction. Two
years Of this time have already been
served, so that Barry has less than
eight years left to serve.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01
@@<GsD
sTockRAlslNG AND IRRIGATION.

The Herald-J Journal, published at
Kalispell, Montana, advances one OF
the strongest arguments in favor OF
irrigation and smaller punches of cat
tie and feeding as against large herds
and running them on the range. The
work of cutting down the herds in
Montana has been going on for several
years, but that fact neither reduces
the output of the state in beef animals,
nor does it reduce the profits of the
business. The small ranchmen are
multiplying in number, and the aggre-
gate of their holdings keeps up the
beef product of Montana.
AS showing the advantages of run
ming a few head of cattle and feeding
them over the range system, the Kali
spell paper quotes the experience of a
successful stockman. This man said
that when he was running his cattle
on the range if he could get them
through the winter with a loss in
weight on three-year-olds of not
more than 200 pounds, he considered
himself fortunate. He had several
thousand head of cattle and he did
some figuring. He found that in the
annual loss he was losing the value
Of a big herd of cattle every year.
HE had $40 acres of land under a
ditch" says the Herald-Journal. "This
he plowed and sowed in alfalfa. Since
then he has been cutting about six
tons per acre per year, or $3.50 tons,
sufficient to feed 1000 cattle during
the winter with the following result:
A gain of $50 pounds per head, or
100000 pounds, instead of loss of 200
pounds per head, or a loss of 100000
pounds. A difference of 100000
pounds, which at four cents per
pound, live weight, means a gain over
the old way of $22,4O0. Thus did he
discover that the new road was better
than the old rut."
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

There is nothing so unusual in the
defeat of the Russian feet with such
an insignificant loss by the japanese.
In the Spanish-American war Admiral
Sampson destroyed the Santiago
squadron Of the Spaniards with the
loss of but single man. The
Spaniards were supposed to have four
OF the finest fighting ships on the
seas, but they were destroyed with
practically no loss to the opposing
force. In the battle OF Manila Dewey
DESTROYED the Eastern feet of the
Spanaards with no loss to his feet or
men. Superior gunnery, dashing naval
tactics, knowledge of naval warfare,
and the confusion Of the enemy BY
swift and sudden attacksall these
count in the measure Of superiority
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01
Bids Wanted.

Notice is hereby given that sealed
bids will be received at the Office of
the county auditor of Burleigh county,
N. D.. up to 10 o'clock a. m, on Tues
day the 9Th day OF June, 1905, for the
following described real estate with
the Improvements thereon; the said
property having passed into the
possession Of the county by reason OF
unpaid taxes thereon and is described
as follows to-wit:, s .
Lots one a., two (2), three (3).
four a.; five (5(. and six (6),
block forty-ive (45), Of the origin
al plat OF the city of Bismarck,
as the same is recorded and Of record
in the ONCE Of the register Of deeds
OF Burleigh county N. D.; Commonly
known as the Griffin property
The terms OF said sale are cash.
The board OF county commissioners
reserve the right to reject any and all
bids. u
BY order OF the board OF county
commissioners.
I. W. Healy,
Co. Auditor, Burleigh Co.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

Ancient witchery was believed in by
only few but the true merit of De-
Wits Witch Hazel Salve Is known by
every one who has used it for boils,
sores, letter, eczema and piles. Sold
by B. e. Jones.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

PROPOSALS FOR CONSTRUCTION. Fort
Lincoln, n. D., May 81, 1905. Sealed pro-
posals in triplicate, will be received until 4P.
NJ. June II. 1905, for constructing plumbing,
heating and electric wiring, brick field officer 9
quarters, brick double set captains lieutenants
here. Information upon application here or at
Office chief Q. NJ, St. Paul, MINI. U. 8. re.
serves right to accept or reject any or all pro.
Or bds pf bs
construction" addressed. B. H. Leavitt, Q. NJ.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01
Norwegian Celebration.

The Northern Pacific is Offering
some very low rates for the following
events:
Norwegian celebration, Fargo, June
6 to 8, inclusive, one fare for round
trip. Date of sale, June 6, Z, and 8;
limit of return, June 9th.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01

Natures Electric Lights.
Not only is the sun like a great arr
light, but all the stars in the SKY are
natures electric lights, Illuminating
Unreasonable space.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-06-01
THE DAILY TRIBUNE.

The DAILY TK1BONE.
Published every afternoon, except Sunday,
1t Bismarck, North Dakota, is delivered oy
Der month, or So per year. The daily sent
20 any address IN the United States or
ada, postage prepaid, So per year; s. for
ak months; $l.5O tor three months.
THE WEEKLY TRIBUNE.
Published every Friday; eight pages, con.
tanning a summary of the news Of the week
local and neutrality-suspicious. attention being
paid to state news. Sent to any address.
postage paid, for 81 for one year; 6e cents
tor SIX months; % cents tor three months.
The Bismarck Tribune is the oldest
newspaper in tie state-estsblished June H.,
1878. 1t has wide circulation and is q
desirable advertising medium. Being pub
lished at the capital of the state it makes .
feature of state news, of a semi.oficial char.
acter, and is therefore particularly interest
ng to all who desire to keep the run of state
affairs-political, social and business.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
SHEcKARD WON'T
PLAY WITH CHICAGO

LANCASTER. Pa. December 2a-There
II one man In this country who Is not
tichled to death ct the trade made between
the Chicago and Brooklyn clubs Of the Ma
tionai League. whereby Brooklyn sur1eu-
dered the famous Sheckard for four Chi
cage players. This man Is James Sheckard
himself. He does not feel nattered over the
fact that he IL considered worth four able
bodied men In the National League. and
IL much wrought up over the fact that the
deal was made without the Formally Of
consulting his wishes In the matter.
In short, he considers that Mr.. Ebbets,
one OF the owners OF the Brooklyn club,
gave him raw deal when he went ahead
and made tho trade without even sending
q hint to Mr.. Sheckard. the person most
concerned.
But that deal Is a dead one," remarked
the great fielder today, "for will not
play with the Chicago team under any cir
cumstances. My main reason is that do
do not care Tor the west, and never could
DO myself Justice in a western city. where
the fans have peculiar ways of showing
their feelings during contests.
Unless a change Is made In that deal
whereby I shall play with an eastern or
ganization, L will surely be found with the
league next season."
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
HISTORIC Accor1NK.
Residents Of Fairfax County, Va.
Want Stream Improved.

The residents of Fairfax county, in the VIZ
cinity OF Accotink run. are endeavoring to
have that stream deepened and opened for
navigation. and with this purpose in view
Representative Rixey OF the eight Virginia
district recently introduced a bill In the
House appropriating a small sum Of money
for the purpose of making the preliminary
surveys of the stream to estimate the cost
of the dredging necessary to be done to de-
velop the creek.
Accotink Is a historic stream and forms
the south boundary Of the old Mount Yer
non estate, and the north boundary of the
Gunston plantation of George Mason of Vir-
g1nfa. Tradition says that 1t was once much
larger. and was navigable in the DAYS of
the colonies for large vessels, and that
Washington. George Mason and other men
prominent IN the early history Of the coUn-
try killed ducks on the stream and tool, fish
from Its waters. 1t gradually became more
and more shoal. until today 1t Is only navf-
gable short distance from its mouth and
then only for light-draft vessels. QUANTITIES.
of cord wood and some lumber and grain
are sent from the creek to this CITY and A.
Is claimed the opening of the stream would
develop country that Is rich in timber and
from six to ten miles away from a railroad
The measure for the survey of the stree
will not be allowed to die and IL not favor
ably acted upon by this Congress II will be
introduced into the next The Virginia nao
pie say the stream should be dredged IL for
no other reason than its historical associs
lions.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
BOXING, RACING,
AND OTHER SPORTS

by W. OBJ. Macdonough for Ormonfe, and
Is second only to the amount ($101, 25O paid
for Flying Fox, grandson Of Ormonde. The
veterinary reported at the training stable
ready to perform the operation, but for
some reason the plan was not carried out.
A colt foal by Diamond Jubilee was recent
ly retained by his breeder at $G00O, as he
would not sell him at less.
Lord Marcus Beresford, who manages the
kings turf and breeding interests, conduct
ed the sale OF Diamond Jubilee az he had
done that Of Cyllene. sire of Cicero, who
was sold to Mr.. Bass, owner Of Sceptre, for
S125,OOO.
Turf critics OF England say that the king
may next year have Derby winner In
Null Secundus. by st. Simon, out of Nom
such. colt who never ran, having met
with an accident at the starting gate just
before the race for the Middle Park Plate.
Writing of Null Secundus Warren HilP'
says: There is hardly doubt that the
best of the dark division. so far as known,
was Null Secundus. who was going like a
good colt In his preparation for the Middle
Park Plate up to the time Of his accident
at the gate He Is not heavy, numbering
colt, but has all the best characteristics Of
his famous family. With fine size and
length he has excellent quality, and bears
the stamp OF high class. Bred by his ma
jesty, Derby victory for Null Secundus
would blend all the joys of breeder, owner
and lover of good horses. and really think
there is a very good chance for this hap
pening"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
EXPLOSIONS OF DUST.
Small Particles That Have Caused
Great Disasters,

From Parsons Weekly.
Coal is the carbonized remains of tree
moses. Oddly enough. these MOSES were
the big forefathers Of the moss we know as
lycopodium. which in a powdered state IL
used to produce flash signals. This will
help to give an idea OF the intensely inflam-
mable nature OF coal dust.
Some of the best coal in the world Is cut
from what is known as the Merthyr four
foot seam. and this seam Is one OF the
busiest In the world It Is terrible fact
that over 1,600 men have lost their lives
on this seam in the last half century.
Some years ago one Of the inspectors Of
mines conducted g. number of experiments
on the explosive power Of coal dust A dis
used shaft $50 feet deep was chosen for the
purpose. Samples of dust from different
collieries were collected for the purpose
When two hundredweight Of dust was emp
tied down shaft and charge of gunpow-
der fired the result was startling.
Huge tongues OF flame sixty feet In height
shot up from the mouth OF the shaft and
enormous columns of smoke rose high in
the air, FORMING great black pail over the
scene OF the explosion. On the other hand,
when high explosives were used no erect
at all was produced on the dust
But golfers are not the only workers who
kind of dust which is composed of inflam-
mable material will explode when touched
by naked light Masters are often heavy
sufferers In this way, for malt dust "a
shock1ngly explosive. One of the biggest
disasters Of this kind In recent years was
the complete destruction of the premises
OF the Ipswich Mailing Company These
were six stories high. TOO feet long and 30
wide, and they were completely Quilted by
malt explosion, which set fire to them.
There Were 10000 quarters of grain in the
building at the time, and the damage was
estimated at $4,000
Messrs. Whitbread suffered In a similar
manner, a large building near the Barbicap
used for grinding malt having been badly
damaged. In this case the cause OF the
fire Is said to have been the spontaneous
combustion Of the malt dust which was
suspended in the air.
The careless housemaid who uses the con-
tents OF the sugar basin to light the fire
knows that nothing burns more easily than
powdered sugar. Proprietors Of large sweet
danger from this source.
In 1895 serious sugar explosion took
place In Boston candy factory. 1t orig
mated In room where marshmalows were
being made. These sweets are coated with
finely pulverized sugar. and the atmosphere
was hot and dry. and laden with this finely
divided dust. Two girls were badly hurt
and the premises fired by the explosion
In the manufacture of linoleum no I'M
protected lights are allowed In the mixing
department This Is on account OF the
great danger of exploding the cork dust
floating in the air. An additional danger
In linoleum making is that the mixture of
cement and cork dust has the unpleasant
property of spontaneously igniting II left
In warm pace. 1t is, therefore, Gus
tomary to mix the material sack{ul at a
time in order to reduce the risks OF an ex-
plosion
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
DIAMOND JUBILEE
SOLD FOR $1so,ooo

King Edward OF England has sold for
tloo.ooo his Derby winner of 1900. Diamond
jubilee, TO an Argentine Republic breeder
senior Ignatio Correas. and the horse u,,I,
DE delivered to his new owner next July
Diamond Jubilee Is one of four fun broth
ers-Florizel ii, Persimmon, Sandringbam
and Diamond Jubilee-aII bred ana owned
by the king. All are by ST. Simon out OF
Perdita II. and this mare. purchased for
ABOUT $1,000 at John Porter's Suggestion
mas produced race horses whose earnings
on the turf, and through their produce and
STUD fees. amount to an enormous return
on the investment.
Persimmon also won the Derby for his
breeder and owner. the then Prince OF
wales Florizel ii did not win the classics
Dut Ia addition to being a good race horse
In great year ne begot Guineas. Derby
ana ST Ieger winners in yedas, Volod-
zowsk and Dorieles
Diamond Jubilee also won the Two Jrbo,,
sand Guineas and st. Leger In addition to
the Derby, as well as the Eclipse stake ali
IN 100. On the turf he won more than
sl6o,0O0. 1t is related as a fact that as a
two-year-old he displayed so violent tenn
per IN one race, having thrown his Jockey
ana run away. that orders were issued to
veterinary surgeon TO perform an opera-
ton on him, which would have prevented
him from. six years later, being sold to q
South american breeder for so great q sum
as $4,000, which equals the amount paid
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-22
GLASS CASE PROPOSED.
Considering the Preservation Of Green
ough's Statue Of Washington.

ough's Statue Of Washington.
The Joint committee on the Library held
session yesterday in the room of Sena-
tor Wetmore and talked about several
projects of interest in the improvement
of conditions about the Capitol The COM
mittee discussed measures for the preser-
walton OF the Greenough statue Of George
Washington that occupies a commanding
place east OF the Capitol The statue has
suffered some slight vandalism and has
been preserved from injury from the ele-
ments only by being boxed in during the
inclement weather Of the winter. The
time has come. in the judgment Of the
committee, for some action looking to the
permanent care Of the statue. The promo
sitton to remove 1t to the rotunda of the
Capitol, where 1t originally stood. was
discussed. but was not received favor
ably 1t was also suggested that the
statue be encased in glass in such a way
as to protect it In all kinds Of weather.
and yet to permit view of it. No action
was taken.
The committee also discussed the COM
pletion of the frieze around the rotunda
of the Capitol. For many years this mat
ter has been under discussion but nothing
has ever been done for the completion Of
the frieze for long time because II has
not been possible to agree upon the event
that is to be pictured there. The commit
tee made no progress in the way of any
agreement sI OF what the balance of tho
mural decoration should represent
The joint committee appointed a sub
committee consisting of Senator Wet
more and Representative McCleary chair
men OF the Senate and House committees
on the Library, to whom all Implications
to take photographs in the Capitol will
hereafter be referred.
The committee decided that there should
be limitation Of the photographing of
historical pictures, &C., in the Capitol,
and decided that except for public use OF
some Kind there should be no photo
graphing permitted in the future. This
and practically limit the taking OF pic
lures to professionals or others who make
some public use of them 1t will tend to
secure higher grade Of pictures OF
scenes in the Capitol. This view has long
been taken of the privilege of photo
graphing scenes in the Library building