davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
COURT FINDINGS
IN B|RDSALL CASE,
III. Accuser Was a Gentle and
The Accused Was a Member
OF the Church.
INTENSE A BROKEN CONTRACT.
cooela,iOn Shows That Action Of
Local Church Authorities Was Cor
The Case Reviewed,

Az the notorious Birdsall case In Sc
,ssr county has been so grossly mis-
,.,r. sented IN public print and before
,hs committee on Privileges and Elec-
lions I'm the L. s. Senate, we publish
-, f,u the decision rendered by the
instruct court of the Sixth Judicial
n,strict Of this state, September 25,
,oo, As the court has revived the en-
Tire case. both as the matter was pre-
ssnted before the Church tribunals and
IN a civil suit, we need not recapitulate
tba story Of the contention, except 10
show that the case before the Church
courts was simply a charge Of un-
CbriganIike conduct against Cora
BIrds4ll which was decided against
her, ,
The accuser was Gentle and she
uas member OF the Mormon
Cnyrcu. Her ofiense consisted Of re-
fuslug 10 fulfill an agreement to con-
ysv To the complainant, a piece of land
,ghich he had purchased and Cultiyat-
cd and which was included In home-
etead entry afterwards filed upon by
Miss Birdsall The only equitable
thing for her 10 do was to fullll her
agreement She was required 10 do
this or be communicated from the
church. Under persuasion from her
father she refused to comply and was
cut OF the Church. Realizing her folly
and wrong. she subsequently conveyed
tbe land on receipt Of 500 from Mr.
Itaytt and was received into the
Church by baptism, Her mind after
wards became Whinged and her ia
Their whose actions, II viii be seen
we're commented upon by the court
entered suit for the recovery Of the
land ON the ground that she was in
competent TO make the deed. The evil
dence before the court showed clearly
that his statements were untrue, and
the court refused to comply with the
demand
THE chief point in this contention Is
that the church did not interfere I'm
any way with the courts or the laws
Of the land II dealt with a Church
member ON Church discipline, 1t REM
dpred Judgment against a Mormon"
IN favor Of Gentle" As we have
explained before, the entertainment of
complaint by n non-member against
"a member of the Church was out Of
the regular order Of Church discipline.
RIM A. was siunlv a ouestIop of nm
rbrs,lanlike conduct If which the ac-
,ised yyas clearly guiltv Tho digp,irt
CONT declares the deed Of convenience
,,Id onj mn attemnts IN -nresent the
church authorities IN a false light are
unworthy of amy decent journal or IN
course Of those who are engaged In
That infamous business.
,...,.. an, d..
lu the district court or inc SlXth Ju
u.,aI 'lsultI Hlat' OF Ctah' county OF
sewer n..,u
N'i' huoSaII ~ lnGompetenI Dy
Is"'T hUNS,at'I' her Nuarolan' plal4llh'
vs. James ~ boaFllt ana Hulda Lea
Wv GER uadhtS'
IA ue'IdlhE ms case IN order mat
'' parties may nave a clear under
standing or the position int the court
lAes' " necessary To go INTO the
history or me case as presented mere
ID court oN both the plalntlH ana the
"Je.o'nl
heIoi' 0oinE so VIII say that
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
s. =. IT.
DR.. Humphreys Seventy
Seven breaks up Grip and
CO.. E')s

Before the first flush Of fever. comes
lassitude and weakness. the premoni-
tory symptoms of having taken cold
II at this time you act 1uickly-talle r
few doses Of Dr. Humphreys Specific
"Styeuty-seyen' II win restore the
checked circulation, start the blood
oourslng through the veins and break
up the cold. "77'' also breaks up colds
that hang on, ~" cures Grip, Iniu-
euza, Catarrh, Coughs Bronchitis and
Sore Throat. At Druggists 2jc, o.
mailed. Write for Medical Book sent
free.
Humphreys Homeo Medicine CO.,
corner William and John streets. New
York.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
What Weakness" Is and
How We Cure II.

so-called wv eakness" IN men Is
merely symptom Of chronic
Inflammation In the prostate
Gand, brought on by early dis.
sipatlon or by the Improper
treatment Of some contracted
disease. A complete and radical
cure Is. therefore. question Of
restoring the prostate gland TO
it's normal state, and this we
accomplish promptly and com
pletcly without the use Of in
tcrnal remedies. our treatment
Is a local one entirely. II Is
original and scientific. and has
been proven absolutely effective
BY thousands ~ tests We are
convinced that by no other
methods can FUN nni permanent
restoration Of strength and Wig.
or be ACCOMPLISHED,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
AS TO INSANITY,

As to the question Of insanity, the
burden OF proof is 20 the effect that
when she signed tho deed she knew
what she was doing. She talked over
the consideration. which was to be 500.
However. according to the testimony
that has been introduced IN this case,
that 500 was not all OF tho Consdera-
ton. Mr. Leayitt's first claim was
more than 20 acres Of land, and Il
appears that concession was made on
his part Some improvements were
made and such like and to some extent
must Aaye been recognized at least by
Mr.. Birdsall the legal representative
Of Cora. and the testimony Of Nirgnius
Bean, who had been echoolmate with
her Simon Christensen John w Coons,
@, w Coons who were all personally
acquainted with her. was to tho effect
that she knew what she was doing at
the time the deed was signed-under-
stood fully what she was doIng-so
that as 10 the question OF insanity and
the want of consideration It has not
been sustained by the evidence In this
case II appears that Mr. Brdsall,
the representative Of Cora who is now
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
RHEUMATISM
COMMON IN SUMMER

ne Time to get rid OF Rheumatism
~ summer while the blood is cndeayo.
ing 10 purge itself Of all posons and iir
Iunues, and the skin is active, with a
,une pores and glands open and able. /.
"'' way to assist in the elimination
columbus, o., 1855 Mt, Vernon, Avo.
LA years ago had severe attack O.
ior, nm 9tory Rheumatism, and tho doc
made , ,,,," ulo me nc, good They changed
r,-,o!ClAe every week and nothing the,
fIaStr9ed seemed TO help me. FINALLY
49, on tlelr medicine and began thc
v,oro ~, {; y, MY knee and elbow ioints
mo sW9llen terribly, and at ono time
tbat iT1'lu5 We're 80 swollen and painful
i" ,,ool could not close them when onened.
NJ waS getting disoourage1, WOW NAV IA.
itws .T{hg9a l began s, s, g., but ns saw
ia" - Aelplng mo continued It, and to-
neS,I tn sound, well man and have
"au Foturn Of tho disease.
r, II. CHAPMAN
nm. nc inactivity Of the Liver, Kidneys and
a. yves Yves causes thereiuse matter to remain
'r.1 i"e system, which, coming in contact
80 sac different acids Of the bodv.
lI'"9 uric acid to be absorbed BY tie
s.,oo4 and distributed 10 the different
Iy D'I,s ana muscles, producing the pains
, "".'aNllilaton and other distressing SWIM.
Y, 3's o! Rheumatism. The WANDERING
;ba., 3l Inc disease remind the sufferer
Is ', uS poison is still in the blood and
s S'oe'd lose no time in getting It out.
a. . D. .neutralizes the acid ard makes
, ,Ue Nood rich and pure. Il tones up
WY organ aud cures the disease nern1a.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
TEA

The cost Of the tea a fam
lily drinks is so very little, one
can afford good tea,
In .,u, ps,Mr- II Istui-,', P,u Tea il =
bo,k's Hn,. T. , i.... a r,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
vARIcoCeLE

Absolutely pninleHs
trea I m ent that
cureg completely.
Investigate our
m ethod. u Is the
O n ~ thoroughly
scientific treatment
Tor this disease be-
Ing employed
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
TWENTY YEARS AGO TO-DAY
100 YOU ReMEMReRN

~
Floods at False Point persons
on y expedition
YEARS -oDAY
schofeld Of placed retired
passed age
mel oypoio.
Mo
~ NJ T. rsncorroaed or a o
o %
instead Of having
pofed
TO-DAY
John r. supint public instruction passed
rom
Lord wosey commander In
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-09-30
WEAK MEN PAY WHEN CURED.
Contracted Disorder,

Contracted Disorders
BE sure your cure
Ia thorough Not
one Of our patients
has ever had a 70
lapse after being
discharged as cured
and we cure In less
time than the ordi-
nary forms Of
treatment require
Specific Blood Poison
No dangerous min
erals ~ drive the
virus 10 the inter
Tor, but harmless
blood cleansing
/ remedies, thar poe
move the last poie
on faint.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
AN IRATE / HUSBAND! B ! ! j!
FIRES upon | WIFE |'||
Made With Jealousy and Under. Ul1tlel.
Influence Of Drink, Curtis Chit
tenden Tries to Kill Spouse.
POOR AIM With II SHOTGUN. '.I'':' \
Although Two Loads Of Bird Shot
Are Discharged at Short Range
Mrs Chittenden Escapes,

1nfuriated beyond reason by jealousy
and While under the influence OF intoxi-
cants. Curtis Fl. Cnlttenden. yard con-
3ductor for the Richmond, FREDERICKSBURG
and Potomac Railroad, fired two loads 81
shot from a Remington shotgun at ms
wife yesterday morning shortly atter
O'clock. One barrel was fired whlle the
husband stood WITHIN ten feet OF ms
wife, inside OF their Ahome' tI llo Mest
Marshall Street. Screaming with fear,
Mrs Chlttenden ran out Of the front door
and started up the sidewalk to the home
Of a neighbor when the second shot
was fred. The contents of the barrel
went ipto fence. covering q space
foot wide with bird shot. Not q shot
struck Mrs, Chittenden.
The noise of the two shots In such
rapid succession attracted the .neighbor-
hood and within a remarkably short tlme
the street for more than square was
blocked with curious people, tele-
kphone message to the Second Police Sta
tion sent Oflcer T, NJ. Farley to the
scene at once, Arriving at the house IN
which Mr. Chittenden was then hiding
himself the patrolman tried the front
door. and found 1t securely locked, He
called to the man on the inside, but got
no RESPONSE Those IN the street saw
Mr.. Chttenden standing at window,
making no move to admit the ofhcer,
Officer Enters BY Window,
Finding that. he could not reach the
man through the door, Mr.. Farley went
B to a window and succeeded N raising
this and entering the house. At this
time the officer did not know put that
Mrs, Chittenden had been killed 70 1he
house, When he reached the side OF the
iirnani no resistance was offered to the
arrest and Mr., Chlttenden accompanied
tho otf,cer. quietly, to the Second Sta
ton, where he was locked up Iie re-
mained in a cell until about 5 o'clock
Yesterday afternoon when he was allow
cd balm the sum Of 1000, Officer Henry
Thomas becoming his security lmme-
dIately after being bailed he was taken
out OF the city by friends, but 1t Is
thought that he will be in police court
This morning ready for trial. He has
secured the services of Mr.. Alexander
Fl, Sands. former Commonwealth at
torney of IIenrieo county. to represent
him In court, f
Earlier In the afternoon an attempt was
made to furnish bail for the prisoner, but
on account of his nervous condl lon the
Officers In charge Of tho station deemed
1T hest not to allow him freedom at ihe
time. lie had been drinking carly ~ tho
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
.PR[S|DENT:OUST.s
PUBLIC 81 I PRINTER. l ||:.||||
Demands Resignation II, Of. ,If
Palmert0 Take Effect
on 18th.
OFFICE i'm VERY
BAD I! CONDITION. I. j ] ] { \ |,
Working Force Split Spill q Into !, cliques
Detrimental 70 Best Interests
Of GovernlnentThe Sue s.....
@. cessor to Palmer Has
Not Yet Been
Chosen.
! (By Associated Press.i

< vi Z 4
y WARRINGTON, September 5.-Publlc
Printer f. w. Palmer practically has
.been ousted from Office 1t was learned
nuthoritatlvely tonight that President
Roosevelt has demanded A Mr.. ~. Palmer's s
resignation, to take effect on the 18th
instant. a s55 " Y II 5S
The demand OF the President for Mr..
SPalmer's resignation was due primarily
TO the latter's action In trying to force
Oscar ]. Ricketts, and J.. c. Hay out OF
the Government Printing Office ME-
Palmer asked for the resignation Of Rick
etts and Hay on the ground that they had
been ins,Ibordinatc The public printer
formulated charges against the two men,
These charges, 1t Is known .4 were for
wardcd to Oyster Bay. AS soon as Presl-
dent Roosevelt learned OF the situation
that had developed. he directed Public
Printer Palmer to forward to him his
resignation, to take effect In two weeks.
The investigation made by the Keep
Commission disclosed serious condition
OF affairs in the management OF the Office
Prominent men In the Office force were
divided into clques detrimental to thc
interests Of the government. The evi-
'dence crea ted much bitter feeling among
the men holding high positions In the
office, One Of the direct results Of this
feeling was the demaud made By Public
Printer Palmer for the designations Of.
Ricketts, and Hay. AS the Keep Com
mission inquiry, so far as known. dcvel-
toped nothing to the disadvantage OF Rick
5etts or. Hay. the President took the whole
matter out OF Palmer's hands. @
IA successor to Palmer has not been
ae1ncted NEt sfss II 59s js.a II 5sftt 81
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
SADIE MAG DROPPED
DEAD On RACE !| TRACK K
Famous Canadian Horse, Leading
in. Charter Oak Trot, Rolls
Over and Expires,
nv A ssociated Press.)

HARTFORD, CONN. September 5.--
The opening day of the Grand Circuit
races at Charter Oak Park ended in n
tragedy, when Sadie Mao, the Canadian
Queen dropped dead In the fourth heat
OF the $4,000 Charter Oak trot. the
classic avent of the meet, She fell about
two hundred yards from tho finish, when
making a desperate effort to regain a lead
which she gallantly held until rounding
the last turn. "a y.
sndle Mao seemed to have lost her
strength Just at the period when her
driver was urging her to do her best
but she was exhausted, and, dropping
to the track, rolled over and died In
stantly, A veterinary surgeon attributed
death to a broken blood vessel. "
When Sadie Mac's owner, Miss Kath-
erIne Wilkes. who was In q private box.
heard Of her death, she was deeply af-
fected, and left the grounds Immediately
'e{ IA SUMMARY
The Charter Oak 200 trot; purse.
$4,000 nshed)--Anglloa Won third
and fourth heats; Zephyr first and second
heats; Norman G. third Beat time, 2:os,
& 52;19 trot /; purse, l0,00o--I.eolardo won
in three straight heats; Silence ssecond; /;
Lady Monery third Best time, 2;l6 l-4
2:lS trot; purse. $1,000-Jubilee won
|f,fth. sixth and seventh heats and race
Lady ssalskln, first and second heats,
second; Phalla. third and fourth hcnts,
third Best time 2;07 S-4.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
REPUBLICANS SPEAK.
ralley and Cabell at Powhatan.
Appointments for Lewis.

The Republicans are pressing their cam
paign with much vigor. having covered
nearly all the courts OF the State since
( they opened up their Headquarters at
Roanoke, 1t Is understood from those
rlose to the inside that 1t Ia the policy
Of the party to make nominations fol
lhe House and Senate In all the dls-
.rlcts Of the State. Conventions az, are
being held from time to time. and It ls
said that the entire field will shortly be
covered.
Assistant United States Attorney Rob-
ert II, Talley and Mr.. Roy Il, Cabell spoke
i Tor the Republicans at Powhatan Court
house on Monday, General StIth Boiling,
ot Petersburg, was billed for this date,
but on account of having suffered an In
hurry to his foot In n street car accident,
,oud not go.
Tho following appointments are an
bounced for Judge Lewis:
King George, septenlber 7tha (day),
Fredericksburg September 7th (night).
Louisa, September l1th.
Leesburg, September 18th.
Covlngton, September 18th,
JonesVlle, September 18th,
Big Stone Gap, September 18th, 6.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
PISTOL In HIS HAND
MONEY DEMANDED
Effort to Hold Up and Rob Con
ductor at Highland Park Frus-
trated By M Motornan.

A daring attempt By white man, aid.
ed by a negro. was made to hold up Con-
ductor c. H.H Salmon, of the Chestnut
Hill line of the Passenger and Power
Company at Highland Park last night,
shortly after II o'clock. But for the
quick work OF Motorman c. O. Crymes,
who saw the robber rs he~shoved. the
muzzle Of a revolver In the face OF the
conductor, the robbery would undoubtedly
have been effected.
THE Northsidc car was standing at&the
end of the line when a white man board
ed the rear end. Drawing. a revolver, he
ordered Conductor Salmon to hand over
all the money he had. Motorman Crymes
was seated near the front of the car and
heard the command Of the robber. With
out an instant's hesitation he drew his
revolver and opened fire. After the first
shot the man turned the revolver in
the direction OF the motorman. but a seq
ond shot prevented him from using It..
Motorman Crymes Is certain he struck
the Erobber with the second shot. With
cry OF pain the man jumped off tho
platform, and with the negro. who, all
during the excitement. had been stand
ing on the side Of the car. ran off into
tho woods. M -. II 5s l55
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
II. STRIKE UNLESS
OPERATORS. YIELD ] D
The Union Must Be Re-
Cognized, President
Mitchell Declares,
MAKE DEMANDFOR
EIGHT-HOUR DAY
ss ------, !, ---- ----- ----.-----
Peace in Coal Fields Depends On
These Concessions, Head Of
Workers Emphatically Says.
Convention Will Be Held
il, shamokin in
December.
(Bv Associated Press.)

(Bv Associated Press.)
.P1IILADELPH1A, September 5--John
Mitchell, president >of the United Mlno
Workers Of America. was in this city
to-day It can be stated on the highest
authority that the convention OF an
thractte miners, which viii draft new
demand for presentation to the coal
companies on the expiration Of the Strike
COMMISSIONS award on April 1st ncxt
will be held in shamokin. between De-
cember 9Th and 10thy It is learned here
to-day that the December convention
at samokin will make the following de-
mands: 13,.5 II
| First. a reco gnitlon Of the Miners
l5E Union BY the coal operators, the re-
co9nltion to take the form Of a
signed agreement. 81:
Second. The substitution OF an
eight. hour work day for the nine.
hour work day awarded by the III
Strike Commission, which Is now In MI
force throughout the hard coal fields.
Third. An Increase Il n pay over
the minimum wages now paid to srner, 5S
and boys who are not contract min.
ers, but are generally cfassed as un-,g
IA. skilled apor. H st9E3$3% ~
Fourth. a uniform scale Of wages
for workers, not actually miners, at
all coIlers. NJ III ESt " IN. l.s ss q.
The contract miners number 10000 In
the total Of III 100000 hard coal workers
in and about the mines. If the Shamo-8
kin convention obtains sSconcesslons as
outlined in the foregoing schedule Of de-g
mands 1t would mean 4 large additional
expenditures by the coal companies and
annually Increased wages, Mr:iE Mi itchell}
made no secret OF his Intention to back
up with his Influence the demands for
| the recogTiitions of the union'' and an
eight hour work day # ,is5is i. \
y##"1 can only repeat said Mr.. Mitchell,
what said n@.my Talmaqua speech
! that 1t Ia my firm conviction thai last
| Ing peace In the. hard coal fields can.
only be had through the recognition Of
the union and an eight hour work day
Mr.. Mitchell said he did not think that
the miners had been getting their share
Of the prosperity. accruing to the oper-.:
ators on the advance In IL tn eprices Of
coal following the award OF the Il Strike
| Commission. $ K
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
5l1NEW CASES OF
CHOLERA REPORTED
Berlin Physicians Regard Last
Twenty-four Hours With
Satisfaction.
lRy Associated Press,l

BERLIN, September Sd; ;52 p. Man
official bulletin. Just Issued, announces
that from noon yesterday to noon o--day
eleven fresh cases OF cholera and one
death have been reported. making a total
iiIIof II cases and "a deaths. The new cases
are from localities previously infected,
hence tho health authorities regard the
last twenty-four hours with some satls-
faction. The disease hns not spread, and
with one or two exceptions those newly
4 III, were in quarantine because they had
been In contact with cholera. Passengers
crossing the Russian frontier are exam
.amlned and their baggage In some In
stances is fumlga ted. especially In tho
case OF those entering by the Warsaw
route,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-09-06
Or. OPPENA|MER |;'| NJ
SAYS mo EPIDEMIC.
Declares There is Less Sickness
Here Than Usual at This
Season.
VI repeat what have said before,
that there Is no Epidemic Of either
typhoid fever or dIphthcrla In this

that there s no Epidemic Of either
typhoid fever or dphtherIa In this
city,
president OF the Board OF Health, when
seen last night by n Times Dispatch man,
TIe had Just attended u brief meeting OF
the Board Of Health, at which only rou-
tine business WAS transacted,
"There Is less sickness here than usual
nt this season of tho year" continued
the Doctor "and am sure there Is no
cause for alarm concerning the public
health,
"There were only six deaths from ty-
phod fever and ono from dlphtheria In
the city during the month OF August, and
1t can be readily seen that an epidemic
of either disease would likely have car
ried the number far beyond this point"
Dr., Oppenhimer was never more em-
phatlc in his manner, and he expressed
!, the belief that tho agitation OF the sub
5ject without any reasonable ground thore-
for was calculated to do tho city great
harm and decided injustice.
The Common Council last night passed
nm ordinance, which was introduced dur-
Ing the recent smallpox scnre.t directing
the president of the Board OF Health to
have n card posted on every house In tho
city In which there Is smallpox, yellow
fever, scarlet fever or diphtheria. The
Ordinance now goes TO the Board for con-
currence,