davidaulloa/AmericanStories huggingface dataset:
Arizona republican., 1905-01-22
THE COURTS STATEMENT OF
 THE CASE

The New York Founding Hospital. a corporation, filed it's petition in this court, praying for a writ of habeas corpus to be directed to one John c. Gatti, commanding said Gatti to pro- duce the body of William Norton. an infant, and to make return by what right he holds said infant in his pos ssession and under his custody and control.
 In it's application for the writ petitio- CT alleged: That it is a corporation organized. and existing under the laws of the State of New York; that under and by virtue of it's charter it is duly authorized and empowered to receive and keep under it's care, charge. GUS tOdy and management. children of the age of two years and under, found in the city of New York, abandoned or deserted and left in the crib or other receptacle of petitioner for foundlings; that by virtue of it's charter it found and received and took under it's care, charge, custody and management the child named in the petition; that on or about the first day Of October, 1904, in the exercise of it's care, charge, GUS tOdy and management of said child it placed said child in the home of certain person in the town of Clifton, Graham county, Ari- zOna, to be held and cared for by said person in said home temporarily. and at all times subject to the super vision of the petitioner and it's officers and agents; that on or about the sec ond day of October, 1904, the respond ent unlawfuIly and by means of force and violence took possession of said child from the person to whom it was entrusted by the petitioner. and has ever since retained possession of the same, and the said child is now in the custody and under the control of the said respondent without the consent or license of the petitioner, and against it's desire, intention and protest.
 In response to the writ issued under said petition, the respondent as direct ed, produced the said child in court and made return to the writ as follows:
 A motion to quash the writ was made upon the ground that the petition failed to disclose that the petitioner has any legal right to maintain the action, for the reason that the charter under which it was organized gives it no
Arizona republican., 1905-01-22
Ingalls, Statue Placed in
 Its Niche
IN TWO HOUSES
Interest in the Joint Statehood Bill Is So Slight That Senators Do Not At- tend the Debates - Swayne Case Now in the Senate.

Washington, Jan. 21.-After day devoted to listening to eulogies upon the late Senator J. J. Ingalls, of Kan sas, and to the consideration of the Notifications and appropriation bill the senate just before adjournment today, received the house notification that that body had named managers to conduct impeachment proceedings against Charles Swayne, United States district judge for the northern district of Florida. The senate immediately adopted a resolution saying that it was prepared to proceed with the matter
 The Ingalls, eulogies were delivered in connection with the official present. ation by the state of Kansas of q statue of tIC late senator for statuary hall The principal address was made by MT Long Of Kansas.
 The Qualifications bill was read and pending consideration of an amend :rert to strike out the provision for in suiar Qualifications the senate ad- jcu.ned.
 4 resolution authorizing the commit tee on inter commerce to sit dur ing the sessions of the senate in order GO permit the taking of testimony of tn railroad rate question was passed. AJr. Dietrich presented, but did not read an article written by himself in support of his bill giving local self government to Alaska.
 The senate entered upon ceremonies
Arizona republican., 1905-01-22

and took the trail at once fH pursuit of the Yaquis They failed to Overtake the Indians, however, and returned to Cobachi, bringing the bodies of the dead men. From Cobachi they were conveyed to La Colorado. whence they will be shipped north tonight and will reach here early tomorrow morning The bodies are accompanied by Miller and TClerton-
 The Yaquis stripped two of the bod ies of clothing. plundeTed the stages of all valuable contents, burned one Of the vehicles, and fled to the mountains. Rings, watches and otEer jewelry worn by Coy and Mackenzie were taken from the bodies, but no mUtilation was attempted. Mackenzie was shot through the head and Coy through the body.
 After the bodies had been brought to Cobachi, Miller mounted a horse and rode to La Colorado. Accompanied by an escort of forty we'll armed men, Miller returned to Cobache and the bodies of the Americans were taken by the party to La Colorado.
 Mackenzie, Coy and Call were mar ried men and resided in Chicago. Mac Kenzie was 43 years of age. Coy about 40, and Stubingef a young man of 2S The latter was well known in NOgales, but had recently been employed at the Hotel Arcadia in HermOsillO. He ac- companied the mining men for an out ing.
 The party when attacked carried only revoIvers and shOtguns. With these arms the survivors of the first volley managed to stand off the Yaquis and made their escape
 It is understood that the Mexican government has ordered cavalry and infantry from HermosilIo to the scene of the killing. and it is stated that Gen eral Torres will command the troops in pursuit of the Indians.
Arizona republican., 1905-01-22

The supreme court of the territory yesterday decided in favor of the fos- ter parents of the Clifton and Morenci orphans.
 The court room was packed with a representative gathering of Phoenix people by o'clock, because of the an nouncement that the supreme court would hand down it's decision at 9:3O. As the justices at the latter hour filed into the court room from their cham bers there was an eager scanning of their faces for some indication of their portentOus decision. But, as always, their countenances were impassive The tension in the crowd was as acute as if a great murder trial had been concluded and a jury was filing in to say whether a life should be taken by the law. The court was to say what the future of seventeen orphans should be-
 MT. Chief Justice Rents reading Of the opinion was followed with such close attention that the conversational tone in which he always reads his opinions was distinctly heard in every corner of the roCm. So intense was the silence during the 45 minutes occupied by the reading that an occasional cough in the audience jared on the nerves of the listeners
 Before the .aast words had been pro nouneed the sobbing of a woman was heard in the outer corridor, and as the last words fell, the news that the chiI- dren would be left with their foster parents at Clifton and Morenci was received with a loud burst of applause.
 Chief Justice Kent sternIy rapped for order, and announced that such demonstrations would not be tolerated by the court A recess was taken for the crowd to disperse, and dozens of men scamDered down the streess to spread the news through the town.
 The opinion follows in full:
Arizona republican., 1905-01-22

not believe this is the same case. Both men, Mackenzie and Coy, were killed more than two hundred miles from Nogales, and I know enough of the conditions of travel down there to con vince me that they could not have been brought to Nogales so soon. William Chapman Potter, son-in-law of Secre- tary Morton, is safe, I am sure as he was at least 200 miles from MT. Mac Kenzie and Dr. Coy at the time of the crime. I do not know how many men were with my partner and Dr. Coy. or whether they had anyone with them. I have sent telegrams to a dozen or more places for information, but have learned nothing"
 The last word received in Chicago from William. Chapman Potter, son in-law of Secretary Paul Morton. is contained in a letter of January s, and tells of his plans to start from Chihua- hua on a trip into the mountains to look at mining property across the Sierra Madre range. This would bring him near Bahucrachie and about sixty miles south of the point where the massacre of Mackenzie and party ap- parently took place. Potter wrote:
 Ny Dear F'CtLer: I am outfitting here Gin Chihuahua) for a trip across the Sierra Madres to our copper mine at bahUcrachio, pronounce it if you c-n. l go to Minaco, southwest of here, which is on branch road being extended westward by Stilwell, and then take mules five days to the mines. In order to make time I have four mules and Indians. Two mules are ridden and packed in the forenoon and the other two in the afternoon and the Indians run on foot and keep them moving. These men are not Mexicans but Tahrumahri Indians, who are said to be the greatest long distance run ners i2 the world
 The mines are northeast of Puerto dtout thirty miles, and on the Fuerte river. It will take me about twenty days to get back here. I wish you could seq the mountain country
 WILLIAM"
 Later in the afternoon when shown dispatch from Nogales which stated that the bodies were actually in No gales, MT. Dickman said: Tt must have been that MT. Mackenzie changed his plans after leaving here. as act ing tu my understanding, he would not have been near NogaIes. However, I guess there is no doubt as to the identity Of tho body"
Arizona republican., 1905-01-22
THE HOUSE CEREMONIES.

In the house today the exercises at tending the reception and acceptance of the statue of John James Ingalls,, placed by the state of Kansas in statu- ary hall in the capitol was the special order for the afternoon. MT. Reeder of Kansas took the speakers chair After the reading of a letter from the governor of that state, rendering the statue, Mr. Curtis began the addresses He was followed in euIogy of MT. In gals by Messrs. Clark of Missouri Gibson of Tennesse, Bowersock of Kansas, Wiley of Alabama, Hamilton of Michigan, Scott of Kansas, Camp bell of Kansas. Miller of Kansas, Cal derhead of Kansas and Murdock of Kansas.
 The house previously passed the h. dian appropriation bill. It was amend ed only in minor details. $5O,0G0 being added for Indian schools.
Arizona republican., 1905-01-22
ANOTHER OF THE VICTIMS.

Toledo, Jan. 21.-MerrilI A. Call, who was killed by the Yaqui Indians. is a son of A. F. Call. general counsel of the santa Fe railroad at Sioux City la, and son-in-law of F. w. Tolerton a prominent attorney of this city, hay ing been married to Miss Lucy ToIer- ton, two years ago. Beside his widow he leaves a baby daughter. He, with A. W. Tolerton of Salem, O., was in Mexico to inspect the property of the Yaqui Smelling and Mining company in which .Toledoans were interested. Cal and party left Toledo four weeks ago. The remains are to be shipped to Sioux City for interment.
Arizona republican., 1905-01-22

NOgaIes, Ariz.. Jan. 21.-FOur Amer jeans and one Mexican were ambushed and killed by Yaqui Indians on Thurs day afternoon, January 19, four miles east of Cobachi, thirty-five miles east of La Colorado, state of Sonora, Mex. The bodies are now at La Colorado and will be brought to this place tomorrow morning. The dead are:
 DIR. R. c. COY, Chicago.
 JOHN k. MACKENZIE. Chicago.
 NJ A. CALL, Toledo, Ohio.
 WALTER STUBINGER, Kewanee, Illinois.
 Mexican driver. name unknown.
 II. l. Miller and a man named TOl- erton. both of Chicago, and a second Mexican, named COchero. escaped and made their way to Cobachi, thence to La Colorado. Miller was slightly wounded, but the other two were un- hurt.
 Dr. Coy and Mackenzie left Nogales week ago for Torres. From Torres. which is south of HermOsilIo, on the main line of the Benson and GUayamas railroad, the two men named, accom- panied by the other members of their party, went to Camp Toledo, seventy miles east of La Colorado. for the pur- pose of examining properties owned by a syndicate of Chicago men. The party left Camp Toledo on Wednesday morning in two fOur-horse stages on their return trip to La Colorado. Coy, Mackenzie and Miller were in the first stage, which was driven by the Mex jean. In the second stage were Call, T-lertOn, Stubinger and Mexican driver.
 The party had just emerged from the hills and was entering into the flat country, when, suddenly, without the least warning. a volIey of shots was poured into the first party from be- hind pile of rocks on the roadside. One of the horses attached to the first conveyance fell, and the vehicle was brought to a sudden stop. Coy, Mac Kenzia and the driver were killed all most instantly by the hail of bullets. The Indians poured another vOlley into the second vehicle. and Call and Stu binger were shot dead. Miller, TOIer- ton and the driver of the second team jumped to the ground and fled making a wide detour toYard CObachi, where they arrived about D. m.
 A party was organized at CObache, composed of ranchers and vaqueros,
Arizona republican., 1905-01-22
THE SECRETARY ASSURED.
The State Department at Washington
 Will Move.

Washington, Jan. 21.-Secretary of the Navy Morton has received a tele- gram from Enrique Creel, governor of Chihuahua, Mexico, saying that he has taken prompt measures to protect all Americans in tha section of the cOun- try where J. K. Mackenzie was killed. IIe thinks danger is now over.
 Secretary Morton sent personal in quiry to the governor concerning his son-in-law, w. c. Potter. who started for the Bachucrachio mines on Jan. S. This ig about 200 miles distant from A Iere MT. Mackenzie met his death. The state department will take up with the American embassy in Mexico City tEe question of recovering the bodies of the dead and also of obtaining pro.1pt punishment for the murderers.
Arizona republican., 1905-01-22
CAPTURE OF AN EMaEzzLER.
sweIry Salesman Confesses and or
 fcrs to Make Good.

San Francisco, Jan. 21.-Edward Isenstein, a commercial traveller, whD. it is alleged, is wanted in New York City for the embezzlement of jewelry valued at $2.5OO, is in the city prison. He was arersted by Detective Bailey today on Q telegraph order from IIl~ spector McCloskey of New York, and will be held pending the arrival of an oTcer from tEo cast.
 He is said to have admitted his guilt and offered to make good his shortage as soon as possible.
Arizona republican., 1905-01-22
ATHLETIC ELECTIONS.

Ann Arbor. Mich, Jan. 21.-J. N. Maynard of Butte, Mont, was tonight elected manager of the University of Michigan base ball team. II. w. Clark of Las Vegas, N. M, was elected trea- surer of the athletic association.
Arizona republican., 1905-01-22
THE NEWS IN CHICAGO.
Fear Felt for the Son. Law of Sec
 retary Morton.

Chicago, Jan. FIR. N. Dickman, business partner of MT. Mackenzie, declared, when first informed of the fact that the bodies had been brought into Nogales, that the remains could not be those Of MT. Mackenzie and his friends. Mir. Dickman said: q can
Arizona republican., 1905-01-22
FROM sTUBINcER,ss HoME

Kewanee, H., Jan. 21-Franz J. Stu binger who was killed in Mexico by the YaqUis, was a native of this place, but had been for two years in HermosiIlo, in the hotel business. StubiIfger was twenty seven --ears old.
Arizona republican., 1905-01-22

retary of the Navy Morton, but it can be stated that he was not with the party of American citizens who were massacred by Yaqui Indians in Mexico last Thursday. .k
Arizona republican., 1905-01-22
STAY IN ARIZONA
Supreme Court Decision in N. Y. Founding
 Hospital Case FdvOrS Respondents

The Opinion, Document Destined to Become Famous in the Legal World Holds That the Welfare of the Child Is First to Be Consdered-The Petitioners Perfect Appeal to the United States Supreme Court
Arizona republican., 1905-01-22
MASSACRE OF AMERICANS
A Party AmbuShed and Murdered by Yaqui
 Indians Near EiermOSiIIO

The Victims Residents of Chicago and TOledo-There is Anxiety Concerning the Safety of a Son-1n-law of Secretary of the Navy Morton Though it is Stated That He Was Not in That Immediate Neighborhood
Arizona republican., 1905-01-22
POTTER STILL UNHEARD OF.

Nogales, Ariz., Jan. 21.-Investiga- ton has thus far failed to locate Wm. Chapman Potter, son-in-law of Sec
Arizona republican., 1905-01-22

West Erd of Car Line, Capitol Add.
Arizona republican., 1905-01-22

FOR RENf Furnished houses, four to ten rooms from $25 to $2O0 per month, according to size and furnish ings. B. B. Pascoe. real estate, loans and insurance. 11O N. Center st., oppo- site Hotel Adams.
Arizona republican., 1905-01-22

$500 CASH; Buys the equity in a room frame house with bath and cleo tric lights. Large screen room. Bal ance $500 at per cent. Location close in. T.. F. Pascoe, no N Center street.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14

indianapolis. Ind, Jan. 1A.-The
city is filling with delegates to the
sixteenth annual convention of the
United Mineworkers of America.
which will begin Its sessions Monday
in Tomlinson hall. It Is expected the
convention will be the largest in the
history of the order. During the last
year many new locals have been form
ed and locals organized within three
months of the date of the convention
are entitled to representation.
1t is not thought that the conven-
tion this year will be of unusual i'm
portance. The contract that was made
with the operators last year was a
two-year contract, hence the matter
of wages will not come up at the
meeting. There Is much routine
business to be transacted, however,
pertaining to internal affairs of the
organization. One of these matters of
Importance to be considered and acted
upon is the proposition to change the
official organ of the United Nine
workers from a weekly to a monthly
paper. Secretary Wilson advises the
proposed change, but the committee
on officers reports does not deem the
change advisable. The question will
be settled by the convention.
President John Mitchell, Vice-pres-
ident William Lewis, and Secretary
Treasurer W. b. Wilson will be re-
elected without opposition
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14
SOLDIERS OF FORTUNE
A Powerful Play Splendidly Carried
Out.

II is truly refreshing to sit through
diers of Fortune" when it is present.
ed by such men and women as White
Whittlesey, Virginia Brissac, Harry
Lewellyn, John Sainpolis and the
others of the Whittlesey cast. The
play is an excellent dramatizatiOn of
the story as written by Richard
Harding Davis, and the characters
are well chosen, according to the
authors conception.
Soldiers of Fortune" is rich in
comedy of a high order, and it has
dramatic climaxes that won the house.
But the audience last night did not
appreciate all that was done. One
of the most inspiring scenes in the
play is where Captain Stuart. of the
presidents body guard, refuses to
speak of his love for the wife af the
lman he has sworn to protect, and
compares the honor of an English
man with that of Spaniard. The
scene was passed before hesiiating
and half-hearted round of applause
rippled over the room.
white whittlesey is a magnificent
specimen Of manhood and he tower
ed several inches above the tailest
man in his company, and is just the
sort of a man Mr.. Davis describes IN
his book. Mr.. Whittlesey came well
recommended, and he did not disap-
point.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14
Told by Missionaries in
the Orient

The old military class in Japan fur
nishes splendid material for the max
ing OF Christians, and It is counted
fortunate for the churches, as well
as remarkable, that so many of this
class have accepted the God Of the
CHRISTIANS in lieu of the petty Daimi-
os who commanded them In life or
death prior to the new era.
An incident of the present war
with Russia shows how firmly has
oeen implanted the Christian faith
among the officers Of the army. The
story was told by a Japanese ex-
member of parliament, who spoke at
service in the Presbyterian mission
church at Niigata- He was telling of
the great difference between the
spirit which actuates the Christians
In the japanese army and the ordi-
nary soldier, whose creed is "shikata
ga mar (no help for it), and he
quoted from the last letter of Major
Akiyama. who died In battle a month
or two ago.
The officer wrote: There is to be
a general attack on Lao Yang. Our
company is to attack a fort about five
miles east of the city. There am re-
solved to achieve an honorable death.
l desire my family to rejoice. 1t is
my faith in God which enables me to
make this resolve. without the
slightest regret or anxiety l go calm
ly into battle with none hut feelings
of thankfulness that l am enabled to
discharge my duty to my country.
Amen"
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14

coast and that 1t would more than
likely pass through Boise. The com
pany is now grading for an extension
of the road from Casper to Lander,
the new town which ts making a bid
for the location of the state capital
of Wyoming. Mr.. Beardsley said 1t
was hardly reasonable that the COM
pany would stop in the interior OF
Wyoming, but would push on west
ward through territory which could
furnish tonnage.
The fact that the Northwestern has
transferred one of its general agents
to Boise leads to the belief that there
Is something more behind this move
than the mere soliciting of trade.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14
RUDOLPH AND ADoLPH.
Farce Comedy Comes to the Frazer
January II.


Laugh and the world laughs with
you," is as potent and powerful an
epigram as when first uttered Even
the seething swirl Of an election cam
pagn cannot down 1t for the speaker
who makes his audiences laugh is .he
one who achieves the greatest popular
esteem; SO II is with theatrical per
formances. When the seasons tne-
atrical race has been run the Judges
invariably say "the farce comedy mas
It," thereby indicating first finish IN
popular favor.
The well known musical melange
Rudolph and Adolph," Of Broadhurst
& Currie, that will be seen at the Fra
ger on January II, has had this oiue
ribbon Of success pinned upon II ior
three seasons past and starts In the
present season with the hallmark OF
approval Of both public and press.
The story is simple and uninvoived
ana much of the fun hangs upon the
question Of mistaken. identity
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14
VESTS MINsTRELs COMING.
High Glass Collection OF MUSICIANS
WIN Be Here Jannasy 20.

One of the best attractions coming
to the Frazer this season is Vests
minstrels, which come to the Frazer
on January 20.
Leaving the beaten paths and draw
ing out of the rut into which minstrel
sy has fallen during the past tew
years, Manager Ricaby has introduced
a novelty into the William H. Wes'
minstrels.
Sixteen great singers are with TINS
organization, the largest number ever
carried in minstrelsy, and great at.
tention has been given the orchestra
and chorus effects. while the soioists
will present the newest and best COM
positions of Americas greatest song
writer's.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14
Notice to Debtors.

All persons indebted to ais will
please cail and settle at once. as we
need the money to pay bills.
d. KEMLER & SON,
The grOcers.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14

Mhhp IfuiitubtO HI
b Franklin County-Will
Ellla Walla Wedding
MS m-Called to Athe-
nS
ll-Helix butchers are
Charles Albee has
n Vibrations in the shop
lsi from Horace Walk
! ilO putting up a fine
iai Of the shop.
4 who Was forced to
niht Of the property
nrpled having changed
hs up a shop on prop
hn Homer Kendall.
has left for his home
mnklin county. Wash.
N Of Helix people took
icountry some time ago,
IcVing to be good prop
Michael entertained a
~ her intimate friends
rsnIng.
o. Wallula, is visiting
Hn c. G. Knight.
= Pierce, ,of Cheney,
s'n visiting Miss bessie
Montgomery leaves
slla walla, to attend
y Miss Emma Green
Bsrger.
Of the Golden Rule
laon, is at the Hotel
lns Of goods.
U quite III at the
,lshier, Mrs. BasNe.
Ellsworth was called
Say on account of the
mother, Mrs. Stone.
East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-14
.aA. C. Smith.
h HAPPENINGS.

I h Building a Barn
4 Make Profitable In
/ Franklin C0unty-Will
Tilla Walla Wedding
MS ll-Called to Athe-