davidaulloa/AmericanStories huggingface dataset:
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05

opinions, the conclusion was not each
ed ithout difficulty and doubt There
the court held that party d~es not
become liable as a surety by merely
writing his name on the back of a
promissory note at the time of the
execution. Here We may consider
whether the words for value receiv-
ed are sufficient expression of the
consideration, and whether it smay
not be fairly implied and reasonably
understood from the terms and con-
ditiOns OF the bond that it was exc
cuted by the other defendants in con-
sideration of the extension Of credit
to Fowler on the purchase Of sewing
machines or otherwise. We tn nix the
language employed indicates that
such was the intention and purpose
of the parties. Numerous authorities
cited in the brief and others hold that
he words. ''for value received are
- sufficient expression of the con-
>sideratiOn
Day VS. Elmore, Wis. PA
Cheney vs. Cook. Z Wis. 423
Douglas VS. Rowland. "a Wend. 80
Edelen vs.. Cough, ) Gill 1913
Flowers VS. Steiner. 108 Ala 440
Dahlman VS. Hammel 45 Wis. 466
Emerson VS. Altman. So Nd 125
Whitney rs Stearns 1G Mo. 3S>4
Martin VS. Hazard Powder Coz
Colo 500
Osborne vs. Baker, 81 Mimi. 307, 81
Am R. 80
BavIies on Sureties and Guarantees
81. W!
Siemers VS. Siemers. 60 Am. r i30
and cases there cited in the note.
The rules that the Sdretv viii he
bound if the consideration can be fair.
ly implied from the language Of the
inst'UI ont, and that the extension Of
credit Is a sufficient consideration
are supported by many decisions.
Eastman rs Bennett 6 Wis. %
Hutton VS. FaGgett, 50 Nd. 22S
Church VS. Brown. q \. Y 3l5
Young VS. Brown 80 Wis. 3333
Rigbv vs. Norwood. "a Ala 129
Highland VS. Dresser, 50 MINI. 345
Simmons VS. Steele. Sc n. II. SO
Bailey vs. Freeman, II John, 22t
s Am. D. 81
Brown on Stat Fraudh 1886
! Reed on Stat. Frauds 43O
Daniel on Neg. Instmnts Sec. 17G.
> PardOnS on Contracts II
Annexation, Siemers VS. Siemers. 6j
Am R 43S. 439
Violet vs. patton Crauch $50
g y s.
The order and Judgment of the Dis
trict Court are affirmed
Talbot. J.
We Concur:
Rellnap. &. l.
Fitzgerald J.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05
Mining Men Inspect Ophir.

Superintendent W z. Sharon, A. j.
Mcdonnell and Leon all visited the
Ophir mine ye3,e-day afternoon NJ"
Sharon in an interview with a
Chronicle representative stated he
found the Ophir Wine locking very
promising. 1t shows 8 feet Of ORC IN
width by l. feet in length all OF nigh
grade. The winze is down low about
- feet and he regards it as one Of
the most promising developments
ever made On the Comstock at this
depth, and from ell appearances they
are on the apex of valuable deposit
Of ore. 4 conservative estimate Of
what they have in sight, is that the
age width of feet and 100 feet deep
, which will take them down to the POO
level
The grade of ore. $50 per ton,
as it now assays. there is already one
half million dollars in sight. 1t is
not unreasonable to suppose but that
this body &C ore will continue in
depth. as there has never been any
work in years gone by that would
come anywhere near this vein. pro
vidcd it keeps its present dip.
Altogether it is one OF the NOS
hopeful DEVELOPMENTS we have had on
the Comstoclz for years and show
mat there is no geological, reason WV
ore bodies should not exist st much
scatter depth.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05
Convicted of Petit Larceny.

J. Buchanan, the negro who stole
several articles from the Arlington
Hotel in this city, was bought before
Justice Folsom Yesterday. He de-
manded jury trial and VIM. Wood
burn appeared in his behalf: but, not
Withstanding the fact that Mr. Wood
burn is noted lawyer. he was I'M
able to make a better plea than d 5
trict Attorney Roberts and the gent
pirate the property of others was con
victed of petit larceny and will receive
his sentence today.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05
PORT ARTHUR CONDITIONS.
Results Show Terrible Loss Of Life
Inside the Fort.

CHEZ FOO, Jan 3.-Some interest
ing statistics Concerning the defense
of Port Arthur were brought here by
| fiotilla of Russian torpedo boat de-
stroyers which carried numerous
chests containing complete record Of
General Stoessels army.
! Originally the army numbered 30,
900. Eleven thousand have been kill
i ed; sixteen thousand are six or wounl
ed, while eight thousand remained in
the forts, of whom 1000 were unable
to fight
1t is learned that when General
Stoessel wrote to General Nogi, regard
ing the surrender Of the fortress. he
said: Il have S,0G0 men in the forts
and 5000 of these are able TO fight.
If you do not accent the proposal
those men will die fighting. but it viii
cost you three times their lumber ~
kill them
During the seige 90 per cent of tt Q
garrison were put ont Of action. b;:-
this remarkable fact is due to the
wounded returning to no i"ont.
Cases have bee recorded whore
men have gone to SO hospital seven
times, returning c,1r1 accent to the
forts.
The number q ofics~s killod wae
propCrtionately grat,r han in any
other battle known II history. Thi
was due to the fleouent lethargic con
ii ions Of the men who, without food
and without sleep. moved only wheI
led by their officers. The Russians
estimate that the taking Of the fortress
cost the Japanesa s1aa .00O,OO0
The text Of the articles of capitula
ton of Port Arthur garrison has bee
signed by commissioners representin2
General Stoessel and General Eo2i
sian soldiers. marin ana civil of g.
ais of the garrison and harbor are &
be made prisoners Al batteries yos
sells. munisons, etc. arc to be trans
ferred to the Japane Sc IN the conGi
ton in which thev existed a. noon
January Bird Violation of this claus.
is to operate as anuulraont Of the nc
gOtiatiOns. giving the ,'--aEesse army
warrant to take fire. -. ii. Russia.
military and naval authorities are {
furnish to the Japanese armv an Ok
hibit Of all fOrtifcagi31s. underground
and submarine min lis cf mil
tary officers. ships aud numbers .
with their race and occupations; a.
public propertv, as buildings, MUM
tons of war etc, 10 be left in thei
present positions panIing arrange
ments for the transt@Hence officer
of the army and ma viii he permit
ted TO retain their swords and such o
their personal propertv IS is direcrl,
Necessary for maintenance OF life an,
with one servant each NAV. upyv
signing their parole not to take II
arms during the continuance Ct IL
war. return to Russia
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05

Five deaths have occurred anOnE
the pupils Of the Carson Indian school
during the past two weeks, two at
the school and three at the homes f
the deceased.
The engagement Of Miss Anna John
son, member Ct Inc class Of '03. is an
\ naunced to Walter BracIien Of Los
Gates. Mr.. Rracken is a nephew e
Senator Clark.-Reno Gazette.
Hon Clarke Howard recentl. ap-
i-pointed by Governor Pardee. Judge If
Alpine County was registered at tho
Briggs House Tuesday. He departed
yesterday morning for MarEleville and
will hold court there tomorrow.
w. H. Quinton of Reno challenges
the chess players Of Nevada to meet
him in series Ct games at s. a game.
the games to be played at any timc.
San Francisco capitalists have bond
ed the Spragg group OF copper claims,
near Yerington for $4,000.
The new bank at Sparks will open
its doors January 18th. Vim. McMil-
| Ian VIII be the cashier.
Harry Beresford vii! appear at the
. Carson Opera ouse February T. in tue
comedy, "Our New Man" 1t is said
to be very funny.
Joe Mccarthy and May OF Reno
have gone to TonoDah to establish 4
| cigar store
Il seems certain that the suit he
tween Miller & Lux and the Mason
Valley rancnc1s viii be settled
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05
Notice.

All persons who have left pictures
with me for framing, at the Carson
Book & News Company can obtain
them, when finished at Mr. Wizard :
store opposite the Capitol where
shall continue to do the same work at
reasonable prices j. S. ALBRO.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05

be placed against them
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05
Wv
Teachers Examination.

The semi-annual examination of ap-
plicants for teachers certificates will
be held in the Couny Building January
please notify the county superint end
ent at once.
f. f. Roberts, Superintendent.
Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-01-05
Notice to Creditors.

All those owing the late DR.. Fox are
requested to call at the house and
settle as all bills will be put in the
hands of collector
Mrs. J w. Fox.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
AUTO AND CAR COLLIDE.
Wealthy Canadian Badly Hurt at New
ton, Mass

Newton, Mass, Oct. 9.In collision
between an automobile and an electric
ear here Yesterday Senator George Il.
Fulford, wealthy manufacturer Of
Brockville, Ont. was seriously injured,
while his chauffeur Louis Il. Zeriaz Of
Albany. N H., sustained fractured skull
and Il expected to die. VIM. I. Hanson
Of Schenectady, n T., was also injured
but not seriously.
The automobile, a large gasoline tour
ing car, was coming down u hill in the
direction Of Boston Just as a car on the
Boston g. Newton Street railway tracks
was crossing Beacon street IN the diree-
tion of Newtonville On account of
buildings on the corner of the streets
those in the car and the automobile could
not see each other until too late to
avert collision. The car was going at
a fair speed, while it il said that the
automobile was coming down the bill at
a 15.miIe rate.
The heavy touring car struck the elec-
trio car in the side, the force of the col
lision overturned and destroyed the auto
mobile and smashed in the wooded side
of the heavier vehicle. None Of the pass
engers of the electric car was hurt, but
alt the occupants of the automobile were
thrown out, the chauffeur striking ON his
head.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
NORTH SEMINARY STREET.
No Street Bounds and Abutters Object
to Location of New House,

The city council held special session
Saturday evening to consider the matter
of street bounds on North Seminary
street No action was taken, however.
North Seminary street, or Silver
street, as it was formerly known, was
originally laid cut by. Joshua Thwing
as a three rod street But ii was never
recorded. Some six or seven years ago
the city undertook to establish the
bounds on this street and laid it out
three rods wide The abutteis on the
easterly side objected and took the mat
Ter to court, where it ran along several
years, when the city abandoned its eff
forts to make the street what it was
designed to be. Nothing has been done
since then until last week when several
of the abntters objected to r. ID. Ossola
putting house where he has constructed
the foundations on the street, claiming
it was in the street limits. The aldermen
sent the city engineer to establish the
street line Mr.. Allen reported the con-
ditions as related The council visited
the street this morning and after looking
it over made Mr.. Ossola an offer to set
his house back in line with the others
on the same side Of the street and for
land enough off his lot to give the city
a two-and-a-half rod street right through.
Mf 0ssola now has this under considera-
tion.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
For Granite in Washington,
D. C., Construction.
MUCH PLEASURE IS FELT.
New England Granite Works Company
Will Supply Half Million Dollars
Work Of Stock for
the Job.

Concord, n. H., Oct. O. The contract
for all OF the granite to be used in the
new senatorial Office building at WASH
ington, has been awarded to Concord
granite manufacturers, and a telegram
40 that effect from the capital late on
Saturday night was the occasion for
general rejoicing among the granite
worIanen of the city. II means that
the New England granite works will
furnish about s50o,ooo worth Of cut
stone, and work viii commence imme.
liately in fulfilling the contract.
Although the New England granite
works has the contract alone, it is all
ways fact that the other granite man
nfacturers in the city assist in getting
ont the big contracts, 50 that general
prosperity in the granite industry here
is. anticipated
10 secure the contract for Concord
manufacturers has been long and hard
fight United States Senator Gallinger
OF this city is, a member Of the com
mittee OF three which had complete
cndTGe VI LnE 5nAtttE Iuf lHt Stiitlc.
Needless to say, Senator Gallinger, who
had been instrumental in bringing the
congressional library contract TO Com
cord, was in favor of Concord granite
for this building. 1t is understood that
one of the senators favored a marble
building, and the third, while fayoring
granite in place Of marble, had liking
for building composed Of granite, mar
bic and sandstone. The result has been
a fight, in which three sets OF bids have
been submitted, and the Concord bid had
always been the lowest for the granite.
The total cost Of the building will
probably be about 81, 100000, so that
a 100000 contract, coming to the gran
ite men, il taken to mean that all three
materials win be used in the construc-
tion, granite forming the entire base
and first story, marble and sandstone
the remainder Of the superstructure.
AS soon as Mr.. Patterson, president
of the New England granite works, rel
Sccives the contract document, work will
be commenced, and local worknen, mer-
chants and others will receive the entire
appropriation for granite. outside OF the
little that goes for freight.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
MURDER BAFFLEs oFFIcERs.
Suspects in Middletown. N. T., Mystery
Released.

Middletown. \. Y, Oct. 9.--All at
tempts OF the county and local police
officials to clear up the mystery Of the
murder Of Willis and Fred 0lney and
little Alice Ingerick at the Olney farm
near here and the murderous assault
on Mrs Ingerick on Friday night have
so far been fruitless. 1t was believed
yesterday morning that some clue to
the murder had been found when Alan
son Graham, an old man living near the
0lncy place, was arrested on informa-
tion furnished by Mrs. Ingerick, the only
nem her Of the Olnev household who es-
'caocd death and also was found fear
fully injured and unconscious in the
barn. After being kept in custody all
day and being closely examined, Graham
last night conclusively proved his IN
nocenrc, and was discharged from Gus
tody
Mrs. Ingeriel WAS employed by him
as bouaekeeper until two2 weeks ago.
when she returned to Middetown and
soon afterward went TO live with the
Oiney brothers. This was said TO have
been resented by Graham, who Is REL
ported to have made efforts to induce
nel lt return 10 nlt1l anu tufS Win
stories told by Lulu Ingeriek Of alleged
thIeats made by Graham against her
mother, appears to have been the basis
on which the authorities decided TO ar
rest Glaham
Daniel Davis and wife. who ike near
New Vernon. were taken to police head
quarters last night and closely interro-
gated, and later it was announced that
there was apparently no evidence that
w0uld justify holding them and that
they would be honorablv discharged
The Olney brothers were missing on
Friday right, and searchers early Sat-
urday found fresh wagon tracks which
led TO the woods, where the bodies We're
found. Willis was 62 years old and
Fred was 5s.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09

Baptist and Episcopal Churches to Lose
Their Leaders.


The Rev. Guy c. Lamson, for the past
four years pastor OF the First Baptist
church in Montpelier, announced to his
people yesterday morning and to the
tlrst Baptist church Of Hyde Park,
Mass, his acceptance Of the call to the
pastorate at Hyde Park, his resignation
to take effect December next.
When Mr.. Lainson went to the church
in 1902 it was several thousand dollars
in debt. This debt has been entirely
wiped out during Mr. Lamson's pastor
ate and $500 has been expended in
repairs on the editee. About year ago
Mr. Lamson declined call to be as
sistant pastor OF Calvary Baptist church
of New York city. Of which the Rev.
DIR. Robert l.. Macarthur is pastor. Mr..
I.amson was chaplain Of the House of
Representatives in the legislature Of
1904.
The Rev. A. n. Lewis, for the past
ii years rector Of the Christ Episcopal
church in Montpelier, Yesterday morning
read to the congregation his resignation,
as he had intimated last Sunday he in
tended to at an early date. A meet
ing Of the vestry was called yesterday noon
and the resignation was discussed Be-
lieving that Mr.. Lewis il in earnest in
his desire to be relieved from active
labor and that he does not tender his
resignation because of a desire to be
urged to remain OF to reconsider the
same IL il probable II viii be accepted
Mr. Lewis asked to have his resignation
take effect in November on December
next
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
SHOT THREE PEOPLE.
A Hastings, Nebraska, Pole Is Nov i
Jail for It.

Hastings, Neb., Oct. o.-0Ser the dead
body Of his mother, John Budenekshot his
sister, his brother and his brother in
law yesterday. Miss Frances Budenek,
aged %, was shot in the right hand;
Jacob Budenek, aged Sc, received bui.
let above the right eye, and Peter Smeall
was shot through the left leg, through
the abdomen, In the left thigh and
through the left shoulder. The latter
two are in dying condition. The shoot-
ing occurred in death chamber at the
home OF Mr.. and Mrs. Peter SmealI,
because of the family trouble her son,
night, and was the elimination Of fam-
ily quarrel that has extended over years.
Mrs. Budenek was staying at the home
of her daughter Mrs Peter Smeall, and
because of the family troublt her son,
John, was not permitted to see her dur.
ing her illness. When John heard Of his
mothers death Saturday night he de-
termined to view the remains. He se-
cured entrance into the Smeall home
and found the entire family surrounding
the corpse, watching the undertaker pre-
pare the body. John placed his hands on
the lifeless body and said:
This is my mother"
His sister, Frances, said something to
him in Polish whereupoR he struck her.
Then he drew revolver and shot at his
sister over the dead body Of his mother.
Before he could be overpowered he had
shot his sister, his brother and his broth
er-in-law. John Budenek is in jail.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
TO ORGANIZE COUNTRY CLUB.
Proposition to Capitalize One at Ben
nington at $4,000.

Bennington, Oct o.-pians are on foot
for the organization and capitalization
of the Mount Anthony country Club.
For this purpose the Clark farm, situat-
ed just west of the Vermont Soldiers
Home, was recently purchased by ex-
Gov. John G. Mccullough OF North Ben
nington, Sayre Mcleod of Troy, \. r.,
II. G. Colgate, George Worthington and
Philip Jennings Of New York. The
price paid for the property was $751;
900. It is the plan of the men interested
that the club shall be capitalized for
$4,000. Of this $4,000 viii 90 toward
the purchase Of the property, $1,000 will
be expended in improvements, and S5,-
900 win be held il the treasury for flu
ture needs
During the coming winter the house
will be thoroughly renovated and mod
enized to meet the requirements Of d
country club, and in the spring nine
hole golf course and tennis courts will
be laid out. Later an 1s-hole course
will probably be laid out.
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
WRECK KILLS THREE.
Men and Racers Were in Collision Near
MiIlersburg, Pa.

AIillersburg, Pa, Oct. 9.-Three men
were killed, one man was injured and
a carload of race horses were either
killed or 50 badly hurt that they had
to be shot, as the result Of collision
at the junction Of the Lykens valley
branch Of the Pennsylvania railroad,
near this place yesterday.
The collision was between the number
5 Erie mail train, west bound, and
q caboose and box car containing race
horses which were accidentally uncoupIed
from train preceding the mail train.
Charles Berry and Ralph Henderslott
were in the caboose when the crash came
and were killed instantly. Fireman
Scott of the mail train, was hurled into
The midst of the wreck and also killed.
Engineer Lesh Of the mail train, was
tlnown under his engine. After the col
lision the wreekage took fire aud the
bodies OF Berry and Hendershott were
burned almost beyond recognition
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
MYSTERY ABOUT THIS FIRE.
Henry Averill's Building in Northheld
Burned to Ground

Northfeld, Oct. .. The farm build
ings of Henry Averill, who lives on west
fiH, Ave miles from this village, were
ceaspletelv destroyed BY fire Saturday
night. The Ere started from an un-
known cause in the barn at ten o'clock.
The neighbors aroused Mr.. and Mrs.
Averill, but the stock in the barns, nine
COWS, four pigs and horse, were burned
before they could be rescued All Of
the farming tools and the contents Of
the house were destroyed. not even the
clothing being saved. The loss is esti-
mated from $4,000 to $4,000, and is
partly covered by insurance.
Mr.. Averil had recently sold the farm,
but the parties had not yet taken pos
session
The Barre daily times. (Barre, Vt.) 1897-1959, 1905-10-09
CARS CRASH
ON SIDING
Dozen People Hurt Near Bur-
lington Late at Night
ON ELECTRIC RAILROAD.
Rails Made Slippery by Leaves Pre-
vented the Stopping Of the Car
The Passengers Thrown
Helter Shelter.

Burlington, Oct. O. A dozen people
were more or less injured, though none
seriously in rear-end collision late
Saturday night, OF two electric cars on
lower road to Ninooski.
The accident occurred on the switch
below Athletic Park. Two cars, well
loaded with passengers were en- route
for Winooski and Essex junction and
were to wait at this switch for another
ear from Winooski to pass on the main
track. One car in charge 81 Frank Aus
tin, motormau, and Griffith conductor
had already reached the switch and were
waiting. The second car in charge OF
Frank Hunt, motorman, and James
Simpson, conductor, came back Of them.
The second car was unable to stop upon
reaching tho switch on account Of the
slippery condition Of the truck because
of the leaves upon it, and a, collision
with the first car could not be averted.
The cars struck forcibIv throwing the
passengers headlong and shattering the
windows in both cars. a small panic
resulted and when order was restored at
least a dozen persons were found to
have minor injuries, principally resulting
from flying glass and the force Of the
collision.
On the platform OF the rear car were
many soldiers. In trying to get to the
passengers 70 assist them Quartermaster.
Sergeant Mack Payne, Troop M, of the
fort sustained broken leg. In the for.
ward car no one was injured and the
only damage was TO the windows in the
motormans compartment. The window:
Ia the smaller car, however, were badly
shattered. AS soon as the crash wa:
over those who were not injured immedi
ately looked after the less fortunatat
passengers, The Essex car was turned
into an ambulance and rushed those hurt
to physicians III Winooski.
The injured include.
Mrs. Morris Buckley, Winoosbi, two
ribs broken.
Sergeant McPayne, Fort Ethan Allen
right leg broken.
George Westcott, Fall River, Mass.
head cut by glass.
James AlcISenna, Winooski, cut BY
glass.
David Walker, Burlington, knee in
jured
Thomas McCabe, finger cut badly.
D. c. Rollins, head injured.
Sergeant John F. Weleh, suffering
from shock.
DIR. Morris, Winooski dentist, wrist
badly wrenched.
Arthur L'Ecuyer, badly cut about head
and hands Thrown into street.
Frank Kirby, Jr., cut on head and
pieces of glass stuck in head.
Edward Ward, cut and bruised.
Other passengers were slightly hurt
Motorman Hunt jumped when he found
the collision was unavoidable.