davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27
Thf 8isialarrk Trihn,ae.
~ N. Il. JEWELL.
THE DAILY TRIBUNE.

Published every afternoon, except Sunday.
Ct Bismarck, North Dakota, is delivered by
carrier to all parts of the city at SO cents per
month, or Sc per year. The daily sent to any
address in the United States or Canada, postage
prepaid, IS per year; $3.50 for six months;
$1.25 for three months. ..... H.. ..9a- .
p 5 THE WEEKLY TRIBUNE.
5 Published every Friday; eight pages, con-
1aining a summary of the news of the week
local and foreign-particular attention being
sge paid, for ST for, one year; so cents for six
lsonths; IS cents for three months.
The Bismarck Tribune is the Oldest news
saper in the state-Weekly established June II,
sS73; Daily established 1881. 1t has wide
SPECULATION and is desirable advertising me-
Aium. being published at the capital of the
~<ate it makes feature of state news, of a
%ly interesting to all who desire to keep the
ssn of state affairs-political, social and bust
ress. .r--
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27


Tracy r. Bangs appearing for the |!
prosecution, and Scott Rex and Nc,
Glory & Barnett for the defendant
The accusation against the defend
ant alleges in substance that In Deem.
Der, 1901, one Otis Kolstad employed
the firm of .Wlhittemore & Torson and |
paid them SIS to file and foreclose a
mechanics lien upon q mill In Rugby,
owned by one Leistikow, to secure the
sum of $34 due to Kolstad for labor;
that the accused falsely and with In
tent to deceive Kolstad, repeatedly
represented that an action to foreclose
the lien had been commenced and had
been noticed for trial, but In fact no
foreclosure proceeding had ever been
commenced; that the accused on or
about August II, 1903, collected the
amount due on the lien, and satisfied
and discharged the same of record,
and wilfuny concealed that fact from
his client and embezzled the amount so
collected.
Numerous witnesses were examined
before a referee, which resulted In q,
mass Of testimony. much Of it wholly
irrelevant and immaterial.
The court, in dts opinion, says: cit
Is very clear from the evidence that
no part of the sum claimed to be due
on the mechanics lien has ever been
collected; and hence the charge of
embezzlement Is wholly refuted."
The evidence Is considered unsatis-
factory, and the unsatisfactory char
acter OF it is explained partially by the
fact that fire destroyed all the files
and records In the Office of Whittemore
& Torson after the time the accused
claims the action was commenced, the
defendant Leistikow being dead, and
the absence Of the deputy sheriff, who
left the country. la
After the evidence on the original
accusation had been completed, appli-
cation was made to reopen the case
and file an additional and supplemental
accusation, charging the defendant
with subornation of perjury. The APP
plication was granted, the defendant
consenting thereto. The supplemental
accusation was based on document
ipurporting to be an agreement by the
accused to pay $3.50 for the "honest
testimony of a certain party. After
examining the evidence on the SUBJ
ject, the court has no hesitation in de-
claring that the document Is a forgery.
The proceeding is dismissed. JUS
tice Engerud writes the opinion, of
which the syllabus is as follows: Evil
dence examined and held not to sus-
tain charges of corrupt conduct on the
part of the accused attorney.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27

Il Secretary Taft gives it out that he
is not a candidate for president to
such an extent that he will resign his
cabinet position to begin upon his
campaign. There is plenty of time
yet for presidential lines to be drawn
and in the meantime Taft can be of
much service in the cabinet.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27

You can, for only five cents, fix your
storm window so that it will always
fit, and go on the right place. Call at
Grambs & Wolbert. y Il q
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27

Get a box of paper for Is cents; ex-
tremely low price; extremely good
value. This week at the Capital Book
Store. 49,: "a. ~
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27

Snow and wet pavements are due.
Get your rubbers at Webb Bros and
keep your feet warm and dry. n.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27

t'Do It now!" What? Get YOUR
rubber footwear at Webb Bros
special sale. Il Il ,I,.-..y Y l:..
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-27
Larson VS.. Christensen.

Lars Larson, respondent, VS.. John
Christensen, appellant. Appeal from
the district court of McHenry county,
L. J. Palda, Jr., judge. A. M. Chris
tianson for appellant, and ]. E. Burke
for respondent. Syllabus:
1. In an action to determine ad-
verse claims under chapter S, laws Of
1901, the granting of plaintiffs motion
for judgment on the pleadings is error
when the answer denies plaintiffs title
to the real estate, although it does not
set forth a valid adverse interest.
2. On "a conviction to keeping and
maintaining a nuisance in violation Of
section 1908, Revised Codes, the court
adjudged that the fine imposed and
costs accrued should be a lien on the
real estate on which the nuisance was
kept, pursuant to section 1910, Revised
Codes. These premises were owned
by the plaintiff in this action. who
was not a party in the criminal action.
Execution was issued on the judgment
IN the criminal action, and PLAINTIFFS
land levied on and sold to defendant.
Held, that the sale was void as based
on a Judgment or proceeding to which
plaintiff was not a party.
8. The enforcement of the lien for
fines and costs assessed under section
1910. Revised Codes, should be by
action and not by execution in cases
Hike the one under consideration.
4. The word permit" as used in
section 1910, Revised Codes, Is to be
construed as authorizing the enforce
ment OF a lien on the premises on
which Us maintained in violation OF.
section 1905, Revised Codes, when the
proof shows that the owner knowingly
permitted such use. ID
The opinion is written by Morgan,
@. ]. The Judgment OF the trial court
is reversed and the cause remanded
for further proceedings.
Whittennore Case Dismissed.
q In the matter OF the application OF
Otis Kolstad for the disbarment 81
Guy Z. Whittemore from practice as
an attorney at law IN the courts Of the
state OF North Dakota.
Original proceeding Tor the disbar-
nlent OF Guy Z. Whittemore. an attor-
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
THE LIENCHOW MASSACRE.

Americans in China learning by awful experience what
means TO be Jew Russia for there they being
buffer for fanatic and reactonay those Jewish
being used the car Details Of the
slaughter OF missionaries Lenchov which have
hand reveal the revolving cruelty barbasm that such
hendsh passions could have been aroused against
had devoted their lives to healing the sick Chinese
whose hospital at the moment the began
with Chinese patients.
American wonanhood has undertaken many noble and
tasks but none nobler unshsh than which
Chestnut Mrs Peale and Mrs Machc performing at Lien
chow and never before American subjected
frightful nhumanty and indigniy
The American consul Canton with death
and American has been at upon responsible for
the Lenchow and the Canton ndgncs the
punishment that be visited upon by the Chinese
authorities The fanatic mob taught its own govern
will tolerate the brutal Staying foreign missionaries and
there is believe that the government Washington will
insist full redress for tbs terrible work ignorance and passion
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
A TIMELY STATEMENT.

At last the American people have been definite and
authoritative what has been done and what being
the Ismus Panama This made by Theo
chairman the hnan commission,
his address before American Hardware Manufacturers
Washington night
frank admission the excavang dredging little
accomplished much has
chiefly preliminary preparatory
In it's character In the Cueba where work be that will
be applicable type of canal that may finally be determined
upon million cubic yards material has
employed When the type
cded the dirt will begin fly in and The decision
point will believed reached by July
Efforts heretofore have been directed toward establishing
oug sanitation the istmus the building habtaons suitable
for all classes of employees and providing adequate subsistence
supply that will opportunity all engaged canal work
obtain wholesome food reasonable prices Each of these essentials
Mr. Shonts has been provided and the shmus has
made fit place to live in and to work in.
The waterorks and sewerage systems
completed and according the chairman of the
fever has been virtually extrpad from the Cottages
hotels for abos and other employees
by force of builders and carpenters.
difficult problems for solution was
the securing adequate food for Of distance
of miles from the base of supply This problem
far solved that aborers abundance of
food cooked uncooked the thirty
the higher class at ninety day.
Altogether Chairman Shon encouraging
clears much msconcepon misunderstanding
conditions the mus and gives gratifying
work of canal construction will go rapidly successfully
and free from political sentimental influences.
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
BUSINESS MEMS CLASS
EXHIBITION At Y. N. C, 4

Last evening in connection with the for
Business Mems Gymnastic club there was
an exhibition and informal reception In
the Association building, TO which very
large number OF the friends and relatives
of the members were invited
The membership In the club is open TO
all members Of the Y. VI. c. A. who are
over 2l years OF age. but the mem
bers are principally from the O'clock
class The new rooms have been hand
somely fitted up and were much admired
during tho evening. The color scheme OF
the room is rich in its hsrmonies. the cur
tains, draperies and the furniture all unite
to make the decorations OF the room the
most rich.
The demonstration OF class work oc-
CURED in the gymnasium under the direc-
tion OF Professor otto l.. Hebbert. physi-
cal director OF the Y. NJ. G. A. The mem
bers OF the class did not attempt any ex-
traordinary exercises. but confined them
selves TO trying dumbbell and wand drills,
work with Indian clubs, dancing, etc. The
Y. NJ. c. A. tunnbling team and the gym
nastic team also contributed numbers.
The work involved in the evenings pro-
gram was such as to insure that no man
could carry 1t through unless he were IN
good condition, and IL speaks volumes for
excellence OF Professor Hebbets system
that his pupils seemed 10 thoroughly en-
JOY their tasks.
During the evening Rev. @. S. Wheeler,
a member OF the mems class addressed
the specta tors, setting forth the object
of the class and pointing out it's benefits
10 men of sedentary habits lie also paid
a tribute TO Professor Hebbert for his ex-
cellent work with this class.
At the conclusion OF the program in the
gymnasium the spectators adjourned TO
the large hall. where refreshments were
served, while a musical program was rem
dered by the Imperial Mandolin and Gut
tar club of Ave members. Mrs. Nichols
also sang "A number OF solos, The club
rooms were open for inspection and a
large number OF guests passed through
them during the evening.
The committee IA charge OF the recep
tion consisted OF Frank n. Cady chair
man, William Donaldson, A. H. King and
Rev. q. :. Wheeler. this being the rcgu-
lar room committee OF the club.
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
NONSUIT SET ASIDE.
Continued rom nase one.

swaying or joltlng OF the car, assuming.
OF course, proper management OF the car
md proper construction and condition Of
tho road The court interpreted this lam
Eu1Ke Us holdin gthat a person riding
upon the running board or an electric
car assumed the risk OF being thrown or
Sy Jolt, whether OF usual or eXtraordl-
nary violence The chief justice declares
that the last part OF the opinion quoted
mobiles the earlier part and then says;
No doubt 70 IS reasonable TO impose upon
"a passenger the assumption such risks as
ordinarily attend the position he takes
nut~sle has a right Co suppose that the
car viii be- run with due care, and this
requires greater precaution when passen-
gers are occupying the running boay1
than when all are safely seated A shack
sufficient 90 throw from the car n strong
man holding on with both his hands,
might well be taken by the Jury as evi-
doncc that the car was not properly man
aged. We think. therefore that the
plaintiff had made out prema fscie case
sni should have been allowed TO go 20
the Jury
The chief Justice holds that the dues-
lion ~ the speed at which tho car was
going Was 3n important one in this and
then states; '1hc passenger. when he
took his place on the running board. az
suned tlc risk OF ordinary motion. not of
eNtraordlnsfy violence
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
EAST PROVIDENCE
Enj 'yabIe Meeting Of Frater.
nifty Encampment, Odd Fellows
Funeral Of Frances ". Chase
Largely Attended, -.Othsr Notes.

The session of Fraternity encampment
OF odd Fellows last evening was one Of
the most enjoyable for many years. Some
time ago an invitation was sent to Aquid-
nick encampment, Newport. which was
accepted, and last evening was the date.
At 7:30 last evening the officers and %
OF the members landed in the town and
were met by the reception committee from
the local camp" and were escorted TO
odd Fellows hall on Warren avenue,
where a smoking hot supper was I'm readi-
ness The supper was followed by a
smoke and a short session OF talk" The
party then went TO the main hall, where
the "patriarchal" degree, under the super
vision OF Past Chief Patriarch Benjamin
+. Pierce was conferred in a most per-
feet manner.
There was another short session OF
sociability. after which the visitors were
escorted TO the depot. where they took
a train for home. The affair was In
charge OF Past Grand Patriarch Herbert
r. Perkins, Past Chief Patriarchs Frank
f. Bucklin and CHARLES II. Smith.
FUNERAL OF F. w. CHASE.
The funeral OF Francis w Chase, one Of
the Oldest residents of this place, was
Mrs Martin Van Buren, Wilcox. at 32i
Abby street. at 1890 today. The services
were conducted by the Rev. Allen Brown.
There was a number OF handsome floral
tributes. The interment was at Rumford.
MINOR MENTION.
The Ivy Social club, one OF the largest,
whose membership is composed OF young
men, will meet in their cosy parlors on
Warren avenue this evening, when at
least two candidates will be initiated.
The Hon. T.. w. Wilson entertained
number OF his personal friends and their
wives at his residence. 2o5 Hoyt avenue.
last evening.
one OF the trim-looking government
steamers that is engaged in the light
house service passed through the draw
of washington bridge this morning bound
for Pawtucket. II attracted considerable
attention 49,,
Watchemoket tribe OF Red Men will
meet I'm odd Fellows hall on Warren ave-
nue. this evening"
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
"SUzETTE" WELL PLAYED
Providence Dramatic Company Prsssnthd
laughahIe SkIt at K. dP Hail.

"A pleasing amateur theatrical perform
ance of skit in three acts, "Suzette."
was given In X. OF p. hall last night be-
fore an enthusiastic audience of the
friends of the Providence Dramatic COM
pany The cast comprised the following
Joseph Bradford. III. T. Allebaush
James, Henry Doherty; Eta Bradford,
Miss Jessey NJ Cresser: Edwin Black
more, Rayfield MacDougal; Bob Bradford.
Edward Slocum; Mrs. Archibald. Miss
olive A. Walker; Matilda. Miss Mana V.
Price; Tom Blackmore, George A, Mary
OFT; Dora Blackmore. Miss Elsie PimbIe.
Music was furnished by the Four
Friends orchestra and dancing followed
the entertainment.
During the intermission there was a
reading by Helen Doherty and a solo by
Jessie Pimble. which were greatly an
plauded and the affair is counted as a
very successful one.
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
DIED

ANogLL-fn Sctuate, on the sth inst,
Nehemiah r. Angel, aged 10 years
Funeral from his late residence Satur-
day. the l1th inst. at 10 O'Clock m. Rela-
tiyes and friends are invited to attend.
lAlIEN--In Newton. on Nov 9Th. 1905.
Sophia Barnes Allen, wife Of Richard
y. Allen and daughter of the late Hon.
Walter r Danforth and Elizabeth Ann
Carter. In the s0th year of her age.
BOWEN-In Mt. Vernon. on the Sth
inst Caroline A. wife Of George w.
Bowen. In her 6lst year.
Funeral Saturday. the 11th inst, at 10
a. m, from her late residence. Reia-
tives and friends are invited TO attend.
cLARk-In Central Falls. 9th inst, Ber-
nard r. Clark.
Notice of funeral later.
coNoooN-In WEXFORD. r l., on the
7th inst. Laura T. Congdon, daughter
OF the late Stanton w. and Lucy Cong
don. in her 64th year.
Funeral from her late residence, sun
day Nov. u. at o'clock y. m. Rela-
| tives and friends are invited TO attend.
Taunton. Mass. papers please copy.
EAsTgReRooKs-In Providence No.
vember sth., Alice 3. Essterbrooks,
aged 5l years
Funeral from her late residence. State
street. Bristol. at 1 o'clock y. m. satur-
day. Relatives and fi,enos are Invited 20
attend
FoY-In this city, on the 9th inst Mary
A., daughter OF the late Patrick and
Catherine Foy.
Funeral from her late residence. No.
| 9s Pleasant street on Saturday. the llth
inst. at $3.50 a. m. Relatives and friends
are invited to attend. Services at the
Holy Name church at Q a. m.
! HARRIs-In smithfeld, r. l.. on tho
9th inst. Hezekiah Smith Harris born
March 2s, 1920.
Funeral from his late residence Smith
feli r. l.. Saturday at . O'Clock p. m.
Relatives and friends are invited TO at
tend.
kENNEDY-In this city. on the 9th inst,
Catherine Frances. daughter OF Michael
and Sarah Kennedy
Notice of funeral later.
LEWIs-ln this city on the sth inst,
Laura a. Lewis. aged so years.
Notice Of funeral later.
LiPPoLp-in this city. the sth. Louisa
NJ, widow Of Henry y. Lippod, aged ~
years.
Funeral services Saturday. the 18th
| inst. at l p. m, az her late residence 6l5
Plainheld street. Relatives and friends
sie invited TO attend.
New Haven Conn papers please copy.
MeNAILI-In Thornton. on the eth inst.
Thomas ~AfcNslly. aged g. vesrs
Notice Of funeral later.
smiTN-In THE city on the 9th Inst
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
FOR ODD FELLOWS HOME
Balsa VIII Be Gwen In lafantU Hall
Next Week.

odd Fellows throughout Rhode Island
have for some time been preparing for
the second bazaar for the benefit OF the
odd Fellows Home, which Is TO be held
next week at Infantry hall. IL will be the
aim OF those I'm charge to make the analr
even more successful than the nrst one.
which was held two years ago and netted
5000
The hall is being beautifully decorated
and many special attractions nave peen
arranged for. These include Miss Ella
Gardiner scientific palmist who has ac-
ouired professional fame through reading
the palms OF n majority OF the 100 AT
Newport. Professor A. j. Dillenback. who
will give exhibitions OF magic and sleight-
of-hand each evening and HIS Ideal or
chestra, which will furnish music for
dancing in the main hall.
There will be brief opening exercises
Monday evening. Among those who will
be present are Governor Utter and STAFF.
Presiding Justice william Fl. Sweetland OF
the superior court bench. Gen. Herbert 4.
Tanner and staff. Grand Master Harry
Fulford and board OF officers OF the
Grand Lodge OF Rhode Island. Grand Pa
triarch Theodore c. Emerson and board
OF the Grand Encampment and President
Sarah F.. Shaw and board OF the Rebekah
Assembly.
The opening address will be by Govern
or Utter. He will be followed by Judge
Sweetland, who is a post grandmaster OF
the Grand Lodge
The reception committee consists Of Jo-
seph T.. c. Farnhanl, chairman, and Presi.
dent Mildred A. .Dilenback. Vice President
Mary +. Potter, Secretary Rebecca II.
Chace and Treasurer Sarah F.. Shaw OF
the Odd Fellows Home association OF
Rhode Island Incorporated. under the
auspices OF which the bazaar will be held
There will he more than "a score of
Booths conducted under the auspices OF
the various subordinate and Rebekah
lodges and the encampments. Features OF
the bazaar will be an old woman In a
shoe and a restaurant At the rear OF the
hall Saturday afternoon will be children .
day and a free entertainment Is 10 be
given on the stage for their beneft.
Among the articles which will be offer
cd for sale are aluminium novelties bear
ing pictures OF the building purchased In
East Providence last fall for an Odd Eel
lows Home
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
TO OBTAIN RELIEF.


when ne settled the coal strike he
made Il clear 10 all that he was acting on
his own responsibility and at his own voll-
ton. The same was true OF the part he
played at the Portsmouth peace confer.
ence.
Knowing and realizing these facts 7
have. therefore. taken the liberty OF vrl.-
ing this letter 20 him I'm the hope that he
may be able through the force OF his
own striking personality, genius, talent
and power to bring about some concert
action on the part of men as great as
himself. 10 put an end TO the massacre
OF the Jews I'm Russia.
The situation OF the Jews IN Russia,
is. indeed. terrible-a thing that I almost
failed 20 realize nj the outset I have
within the past "a hours or so come to
realize that the massacres are deep and
well laid plans OF the bureaucrats TO
throttle liberalism In Russia, just NJ
Mihukof predicted months ago"
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10

headquarters March IL OF this year. hav-
ing been delayed by a gunshot wound IN
the hand The mans wound was treated,
and March 26 he was started back with 10
dogs
The messenger reached Capt Amund-
sens party May R, and then returned TO
Fullerton, with second letter from the
head OF the expedition. reaching Gov.
Noodles headquarters June 20
The second letter reported that the
magnetic and other scientific observations
OF the party had been conducted undis-
turbed since the establishment OF the
magnetic station I'm October. 1903. Half
OF the party began an exploration OF Vic
toria Land In April last, hoping TO
achieve the Norwest Passage this summer
and come out through Berlng Strait next
season
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
AMUNDSEN,S EXPEDITION TO
NORTH POLE WAS HEARD FROM

St Johns y. f.. Nov l0-Maj Noodle.
governor Of Hudson Bay, who arrived
here yesterday. reports having had a COM
munication from Capt. Ronald Amund-
sens Norwegian expedition I'm search Of
the north magnetic pole, a. recently as
Nav - of the present year.
The sloOp Giuads. with the expedition
aboard. spent last winter In Simpson Strait
King William Land. latitude s. ~ north.
north or Fullerton. Gov. Noodles head
quarters. on the northwest side OF Hudson
BaN
Cnpt. Amundscu. hearing that a Cana
dian steamer was az Fullerton. reporting
himself aud companions as VOL. but short
~ doss He requested that eight dogs
be sent him, a. he hsd only four left
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10

Rebecca j.. wife Of Joseph Smith. in
her 57th year.
Funeral services from her late resi-
dence, 143 Valley street, Sunday. the 18TH
inst, at y. m. Relatives and friends
are invited TO attend.
YOUNG-In this city. Nov. S, 1905, Susan
a. Young at 40 Codding street.
Friends can see the remains at the
undertaking rooms OF NJ. r. Armstrong.
275 Cranston street Notice of funeral
later.
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10

I'VE do not understand that IL is the OBJ
ject OF the Chattanooga conference to
originate or 20 foster any controversy be-
tween the states and the federal govern
ment as to their respective rights TO con-
troll quarantine, but just the reverse
Louisville Courier Journal.
The Providence news. (Providence [R.I.]) 1891-1906, 1905-11-10
What Others
Are Saying

How lonesome Little Rhody must feel
in these days Of public rejoicing over the
downfall OF the bosses She il the only
state I'm which boss rule won a distinct
triumph. boston Herald.