davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
HAzEN ATTACKS OWN RULINGS
Ex-District Judge in Peculiar Position
Before Supreme Court.

In the argument of the Andrew Cook
damage suit against the city of Topeka,
which was aruged today in the supreme
court by ex-Judge z. T. Hazen on be-
half of Cook and Frank G. Drenning
on behalf of the city, Judge Hazen was
put in a peculiar position of retired
trial judge attacking some of his own
actions while on the bench.
City Attorney Dreaming had objected
to certain instructions which Judge Ha-
zen had given the jury. Hazen came
back with the statement that the gen
eral statutes require that the trial judge
sign the exceptions TO instructions.
1.-THE record does not show" said
Judge Hazen, that this section has
been complied with. The instructions
are not signed by the trial judge, as re-
quired by the statute, neither was the
particular instruction complained of
excepted to as required. The stateute
is mandatory and must be complied
with
Andrew Cook. the plaintiff in the
case, is the negro driver of a coal
wagon. He took a ton of coal out to
the A. E. Jones home on Washburn
avenue about noon, on January p,
1904. In driving through the alley
back of the house, he ran his wagon
onto a pile of refuse and tipped over.
He was caught under the wreck and
his leg broken. The jury in the dis
trict court gave him a verdict for $500
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
verDlanck,s Point.

The first defenses on Verplanck's s
Point, on the Hudson river, erected
early in the year 1877, were slight
breastworks defended by two twelve
Founders. On Sunday, October s. Of
that year, the British landed here pre-
paratory to their attack on forts Mont
gomery and Clinton. At the approach
of so large a body of the enemy, the
little garrison assigned to defend that
point discharged their pieces and fed
to Peekskill, saving in their fight one
Of the cannon. After the British had
destroyed the Highland fOrtifications
and distractions, upon which the
Americans had expended vast sums Of
money, and had sent a detachment fur
ther up the river, which had burned
Esopus, they returned to New York,
abandoning all the advantage they had
gained. At that very time Burgoyne
was suffering with defeat at Bemis
Heights while awaiting their help from
belOw-From "Verplanck's Point by
William Wait, In Four-Track News for
December.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
ANOTHER BANK SAVED.
Business Men Rally to Support and
Stop a Run.

York, Pa. Dec. IA run on the
First National bank of this city was
inaugurated today and up to noon hun
dreds of small depositors had with
drawn their savings. The run was
caused by an unfounded rumor that
gained circulation yesterday. An art
store on the opposite side of the street
had been seized by the sheriff. A pass
erby remarked to a friend that the
art store across from the First National
bank had failed Someone caught the
last part of the sentence and a rumor
that 1.-The First National bank has fail
ed spread rapidly.
Long before the regular time for op-
ening today a large crowd of depositors
gathered in front of the institution. Di-
rectors of the bank mingled in the
crowd and succeeded in allaying the
fears of many. All applicants were
paid off promptly. Other banks Of the
city proffered assistance while promin-
ent business men made large deposits
in the bank. The First National bank
is one of the most prosperous banks in
York. It's last statement shows re-
sources of S2,379, ,464 and deposits of 81
2S7, 100. It carries $4,000 in government
funds.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
LITTLE SISTER DID IT.
Won Freedom for Ben Bugg Over
Two Hundred Protests.

The fearful letter of little 9-year-
old Ruth Bugg won a victory today
before Governor Hoch over a protest
signed by 200 members of an Anti
Horse Thief association of Crawford
county.
Ruth Bugg is the little sister of Ben
Bugg, Crawford county boy who was
sent to the penitentiary on April II,
lSOSs Tor stealing a can of lard out OF
a smOkehOuse. The sentence was for
flve years; Governor. Hoch this morn
ing commuted 1t to three years, with
good time" off, which will give the
young man his freedom about the first
of the year.
There seemed to be no special ''pull"
IN favor of Ben Bugg except his little
sisters letter. She said that her big
brother was needed at home; that un-
rather and mother would not live to
see him. Both of them have to have
the DOCTOR" says the little girl, "and
the doctor says that no medicine he
can give them will do them as much
good as to have Ben home again. They
are almost heart broken. Please, Mr..
Hoke, let my brother come home, and
God will bless you.''
The protest from the Anti-Horse
Thief association is quite different. It
says that the association went to lot
of trouble to catch Mr.. Bugg, and that
things have been more peaceful since
he commenced his residence in the
penitentiary They say that it would
be a great mistake to let him out any
before his time limit.
Buggs record in the penitentiary is
not especially brilliant; he has lost a
good many days time for trivial Of
fenses. He seems to be somewhat of a
humorist, judging from the charges
against him. He was docked five days
for funny business in the dining
room" and five days for destroying
his bread in the dining room He
also got five days for failing to shut
his cell door so that the bolt would
shoot into the fastenings. But War
den Haskell says that Mr.. Bugg's wick
e6ness has been of a trivial character,
and that it will be all right to let him
out.
Another Communication issued today
was to John A. Arbuckle, an old sol
der, sent up from Labette county for
five years for a statutory crime. Ar
buckles sentence expires in 1907, but
the judge, county attorney, all the
county officials, the father and mother
of the girl in the case, and finally, the
girl herself, all endorse his application
for Communication. The sentence is
commuted to three years, which will
let Arbuclzle out at once. He will re-
turn to Indiana, where his relatives
live
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
DECISION GOES OVER.
VIII Not Be Decided This Week, Says
the Board.

No decision was announced Wednes-
day by the state board of railroad com
missioners in the grocery commodity
case. The board put in several hours in
the afternoon looking over the evidence.
and the possible changes, and then de-
cided that it would be impossible to
complete their work this week.
It is generally understood, however,
that some changes in the existing rates
are certain to be made, and that the
changes will be favorable TO the interior
grocery iobbers.
The decision n the case viii in ali
probability be announced next Tuesday,
when the board meets to consider the
grain rate cas-.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
Pauline 1EARKHAM lii.
Old Time Stage Favorite Is Attacked
by Measles.

New York, Dec. 7.-Pauline Mark
ham, a stage beauty of 35 years ago,
when she came to the United States in
Lydia ThOmpsOn's burlesaue company,
is seriously i'll at her home IN this city,
suffering from measles. Miss Markham
in private life is the wife of Adelard
Gravel, a printer, and is now more than
so years old and greatly changed from
the days when her accents were de-
scribed as vocal velvet" and when
she was said to have the lost arms of
the Venus of Milo but even in sick
ness she maintains her cheerfulness and
even a sprightly humor. IF have to
be ILL., she says, I'm glad it's measles,
for it shows Pm still young enough for
that" Her husband is in moderately
prosperous circumstances and the home
of the couple is a. comfortably furnished
fat in west Tooth street.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
Too NTnch 10 I'm.

By the side of a certain portion Of
a suburban railway stands a glue fac
tory which sometimes gives out a par
ticularly offensive odor. A lady who
was obliged to travel on this line quite
often always carried with her bottle
of lavendar salts. One morning an old
farmer took the seat beside her. As
the train neared the factory the lady
opened her bottle of salts. and soon
the whole car was filed with the hor-
rible odcr of the glue. The farmer
put up with it as long as he could
then shouted: Madam, would you
mind putin the cork in that ere bot
tie ?s'-San Francisco Newsletter.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
BOX FOR ROOSEVELT.
It Is said to Contain Present From
the Gar.

New York, Dec. 7.-On the North
German Lloyd pier in Hoboken yes
terday there lay for hours a white box
about half the size of a steamer trunk,
canvas covered and stamped on one
side with a lot of imposing red seals,
bearing the Russian eagle.
1t came among the baggage of W.
H. Brown of Plainfeld, N. J., who has
been in Russia with Lewis Nixon, who
says it contains a present from the
emperor to President Roosevelt a
token of regard for the latter's aid in
bringing about peace between Russia
and japan.
When Mr.. Brown made his declara-
ton on board ship he mentioned the
boy and asked that it should not be
opened. This he was told, was i'm
possible, so it was sent in bond to the
Russian embassy in Washington.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
IN THE OLD BREWERY.
Charged That This One Was Used as
a Liquor Selling Establishment.

THE Old Eudora Brewery" said to
be the first brewery esta blished in
the state of Kansas, seems to be striv-
ing to keep up its reputation. A joint
court yesterday from Douglas county,
in which the old brewery is the CEN
ter of the disturbance.
Eudora is eight miles from Law
renee and was settled by a party Of
German cOlonists from the east in the
early days of Kansas. One of the
first institutions esta blished was a.
turn Verein; the brewery followed. OF
late years, however, the brewery hats
fallen into wreck. There is now left
of it only one or two rooms and the
old s'spring cellar" in which bubbles
up spring of living water. But in
the remaining rooms, a German social
club established itself and Fred Lorenz
became the steward of the club.
When Douglas county felt the wave
of reform, the sheriff raided the old
EudOra brewery and took into Gus
tody one Fred Lorenz and a lot of wet
goods, including fifteen cases CT beer
and ten gallons kegs Of whisky. LO-
steward for the club and did not real
ly sell liquor. He simply served it to
the club members. The initiation fee
to this wonderful club was Is cents;
the dues were Is cents a month When
a man went in there ana wanted a
bottle of beer on the side. The place
proved to be one of the most popular
restaurants in town.
The testimony at the trial showed
that many people came there and paid
their money for lunch, getting the bot
tie of beer apparently as a token of
good will on the part of the proprietor.
But there was enough evidence to
warrant the jury in bringing in a YER
dict of guilty on two counts against
T-0r a n ca1fnToa6 him IN
pay a fine of $500 and serve 120 days
in jail. Lorenz now appeals to the
supreme court.
Another Douglas county -Hauor case
which came up along with the Lor-
enz case yesterday was that of the
state VS.. William Callahan. Callahan
is a Lawrence merchant whose place
of business was in the 1900 block on
Massachusetts street. The front end
of his store was a place for the sale
of cigars. tobacco and candy. In the
back end of the establishment he is
said to have kept something strong
er. When the officers raided the es-
tabl1shment, they found twelve bottles
of "Hoppine" and ten bottles of
Vera" a Ferd Helm preparation
made for sale in Kansas and marked
Notwithstanding.
There was evidence, however, that
beer was kept in the place and Cal
lahan admitted that he might have
use, but declared that he never sold
anything Intoxicating. His stock of
''Hoppine" had just come in when the
officers raided his place. Mr.. Gala
han was very much astonished and
grieved that he should be suspected of
keeping a joint, and as he had a bar
rel full of 'Hoppine" bottles, which
had not been opened, he shipped the
whole lot back to Kansas City in
righteous Indignation that they should
have imposed on him by sending him
something which was Intoxicating.
The jury found Mr.. Callahan guilty
upon two counts and he was sentenced
to serve 120 days and pay $500 fine.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
OUT GOES HE.
Governor HanIy Calls for Resignation
of His Adjutant General.

Indianapolis, Ind, Dec. John r.
Ward, adjutant general of Indiana, re-
signed today on the demand of Gov
ernor Hanly. An investigating com
mittee claims there is a shortage Of
$976.75. which it is alleged was Sc
cured by General Ward by padding
the totals on his acquisitions for the
pay of the A companies of the In
diana national guard and on warrants
for supplies for the troops. General
Ward was adjutant of the One Hun
dred and Sixty-first Indiana regiment
in the Spanish-American war of which
regiment former Governor Durbfn was
colonel. The alleged shortage discov-
cred extends back to December, 1903.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
IN THE SENATE
TiIlman's Resolution Passes and Adj
jOuFnment TIL Monday Follows.


jOuFnment TIL Monday Follows.
Washington. Dec. 7.-At the BEGIN
ming of today session of the senate the
vice president designated Messrs
Lodge and Bacon to serve on the
board of regents of the Smithsonian
institution.
Mr.. Tillman called up his resolution
calling upon the secretary of the
treasury for information as to whether
the reports of bank examiners show
me payment Of campaign cOntribu-
uons by national banks and addressed
the senate. Outlining his reason for
me inquiry he called attention to the
recommendation by the president in
his annual messages of 1904 and 1905
Tor the enactment of a law for protec-
non against bribery and corruption in
connection with elections. He quoted
win special emphasis the presidents
remarks concerning campaign contri-
buttons by corporations.
our chief executive has taken
very progressive stand to secure purity
~ elections he said and added.
livery good American viii say
well done and look for nrogress
along that line"
Before Mr.. Tiliman had proceeded far
MI Hdllngher, who yesterday object
ed 10 the consideration of the resoIl1-
Ii0n at that time, said that he had don
so only for the purpose Of inspecting if
that he had done so and beine entirely
sausned as to its propriety would sup
port the resolution.
Continuing Mr.. Tnlman said:
am the holder of a small policy
ln one Of the mutuals, and I don't like
10 have my dividends cut down in or
der to give Mr.. McCurdy $50 600 and
ms sisters, his cousins and his aunts
$4,000 each.'
He expressed doubt as to the right of
the federal authorities to take control
Of insurance companies and Mr.. Hale
interrupted to say that he agreed with
Mr.. Tilman on that point He said
further that the provision for such a
proceeding was not properly considered
and he did not consider it binding.
Washington, Dec. THE senate pass
ed the resolution OF Senator Tnlman
end at 2:18 they adjourned until Mon
dag
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
80 DAYS In JAIL.
Sentence Imposed for Trying to Ex-
tort Money From ArmOurs.

Chicago, Dec. 7.=William McSwain
and Wilbur Cole pleaded guilty today
in Judge Kerstein's court to the
charge of conspiracy to extort money
from members of the firms of Armour
& Co, and were sentenced to so days
in Jail The men were accused of at
tempting to obtain money from Ar
nour & Co. because of certain letters
which they had taken from the com
pany and which they claimed would
be valuable to the government in the
prosecution Of the beef trust cases. No
testimony was taken nor were the let
ters offered in evidence.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
NOMINATIONS SENT IN.
The President Appoints a Number of
Federal Judges.

Washington, Dec. THE president
today sent the following nominations
to the senate:
To be judges of United states courts
Hosea Townsend, Southern district
CLAYTON. Central district of Indian ter
ritory; William r. Lawrence, Illinois,
Western district of Indian territory.
To be a member of the California
Debris mission-Captain Charles
H. McKinsIey, corps of engineers.
Also a. number of promotions in the
navy.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
may DROP BURTON.
Senate Discusses Depriving Him of
His Committee.

Washington, Dec. THE resignation
of Senator Mitchell as chairman of the
senate committee on inter oceanic
canals may affect the Burton case in
so far as there is j possibility Of both
being left off all committees in the sen
ate reorganization. This question is not
yet determined but the committee Of
senator's having charge of committee
assignments has the point under con-
sideration.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
WANTSNOPROHIBITlON.
New Governor of Oklahoma Formally
Objects to 1t.

Washington, Dec 7.-Captain Frank
Frantz, who recently was nominated by
the president to be governor of Oklahoma
territory, today issued a formal state
ment objecting to the incorporation in -6ose
measure providing statehood for Okla
homa and the Indian Territory of a pro-
hibitiOn clause. He says that the major
ity of the people Of both territories are
opposed to any attempt by congress to
settle the liquor question.
Many prominent people in both ter
ritories," said Captain Frantz, "are in IA
vor of prohibition, but they object to con-
gress inserting a prohibition clause in
the organic act erecting a state
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
THIS Is ANOTHER IDEAL DAY.
Air BaImy and the Temperature Over
so Degrees.

Today is good bazaar weather; in
fact it is good weather for most every
thing excepting for the filling of ice
houses with natures product. The air
is warm and balmy and those who last
week were shivering even though clad
in heavy garments are almost uncom-
Portable today on account of the heat
The temperature which has been grad
ually rising all week continues on its
upward course. --7 the weather man
has promised not to interfere. The little
breath which is blowing is from the
southwest and is little more than a
breeze.
The hourly temperatures for the day
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
she TRIES TO ESCAPE.
Mrs. Berry Made Dash for Liberty Out
of Sherif's Window.

Girard, Kan, Dec. Mrs. Berry,
captured yesterday with the aid of
ammonia, after she had held posses
sion of a railway coach here for nearly
five days, attempted to escape today
from the sheriff's office where she is
imprisoned. She was caught climbing
out of a window and pulled back. She
was afraid, she said, that the officers
intend to lock her up. No word has
been received from the woman's rela-
tives and she probably will be given
hearing on q charge of insanity.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
navy.

New York. Dec. .-MONEY-Money on
cali firrn and higher, 6028 per cent, clos
ing bid and offered at per cent; time
money firm; so days, per cent; so days
and months, 6 per cent
CLOSE: Prime mercantile paper, $40
So per cent: sterling exchange weak, with
actual business in bankers bills at "a 1895
day bills; posted rates, s4.S304 s35k and
81 S65zdAs7s commercial bills, S4. .S1ss74 S1st
VER-Bar silver, 655sc; Mexican dol
lars, z91zc-
BoNDs- -Government bonds weak.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
WICHITA GIRL TAKEN HOME.
Mabel Gallagher Made Record DUR
ing Brief Stay IN Topeka.

Mrs. Shields. police matron at Wich--
ita, came to Topeka today after Mabel
Gallagher. a young woman who was
picked up by the police Sunday night.
The girl is so small that the officers
suspected her of being under 10 years
of age, but have learned since that she
came to Topeka from Atchison, and
has been an inmate of two lower Kan
sas avenue resorts.
Mrs. Shields viii take the girl to
Wichita, where her mother lives, TO-
night.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
SHE WILL HANG.
Execution of 1Ers. Mary Rogers Is
Almost Due.

windsor, VT, Dec. with the ap-
pointed time of her execution not "a
hours distant Mrs. Mary NJ. Rogers
spent today in her cell at the state
prison apparently in utter indifference
as to the issue which she is to face to-
morrow. During the afternoon the
gallows were erected and tested. The
execution is expected to take place at
about 1 .. m.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
CHANCE FOR VERNON.
His Friends Believe He VIII Land
Appointment

Washington, Dec. Senator Long.
Representative Campbell and D. W.
Mulvane this morning called on Secre-
tary Shaw in behalf Of W. T. Vernon,
the colored orator, and came away
greatly encouraged with the prospects
of landing Vernon for register of the
treasury. The president has left this
matter to Mr.. Shaw for recommended
ton, the place desired by Vernon be-
ing under Secretary ShaW's super
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
Forris Given Another Chance

In the case of the state against
James P. Morris, for non-support,
heard in the city court this morning,
the defendant was found guilty, but
sentence was suspended. He promised
to do better in the future and was let
off with a severe lecture by Judge Nc
Cabe. and sentence suspended over
his head which viii be allowed to drop
if he does not make good with his
promise.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
II. J. PAGE DIES IN DENVER.
Former Topeka Man Passes Away in
Mountain City.

II. j. Page, formerly of Topeka, and
connected with the Trust Company of
America, died this morning at Denver.
He has lived in Denver for u years.
His daughter, Lottie Page, has often
visited in ToDeka.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07

Chicago, Dec TT a. m. tempera-
lures: New York "a; Boston So; Phila-
delphia "a; washington 26; Chicago &c:
Minneapolis %; Cincinnati 30; st. Louis
3S
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07

Chicago, Dec. Forecast for kan
sas: Fair tonight and Friday; warmer
in western portion
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07
DEATHS AND FUNERALS.

Howard Mullin, age 19, died OF
typhoid fever Tuesday near Tecumseh.
The body was sent to Junction City
Wednesday afternoon for interment.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07

Charles W. Wardlaw died on We'd
nesday at 625 East Twelfth street of
lung trouble. He was 81 years of age.
The funeral will take place this after
noon at O'Clock from Browns chapel
Interment in Topeka cemetery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07

The body of Mrs. La Mountain. sis
ter Of G. W. Hall Of this city, arrived
today from Albuquerque, where she
died Tuesday. The funeral will prob
ably be held Friday.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-07

Charlotte Stul, age 81, died ibis
morning of pneumonia at 403 Liberty
street, at the home of Mr.. Rake. Her
home was 16 miles southeast Of To-
peka. The interment will take place
in Deer Creek cemetery on Friday