davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
JURY DISAGREES IN CASE
AGAINST GEORGE {. WALLACE

Boston, Jan 12.-The jury in the suit
OF Mrs. Mary Wallace Calm and Mrs.
Eta Wallace Pratt against George f.
Wallace Of Rochester. to recover about
$4,000 today reported disagreement In
the United states Circuit court The fury
had been out for 21a hours Judge Dodge
declined, however. to accept the report
as final and notified the jury to again go
into conference and to try to agree on
a verdict.
When the jury came In today the fore
man declared that II was impossible for
them TO agree and that there was but
one dissenting member upon the jury
Mrs Calm sued to recover s1O5 600
which with interest would amount to
about $4,000 which was left to her by
her father.
The defendant. George e. Wallace. IS
sole executor OF the will OF Mr. Wallace
who was his father. and who was a
wealthy shoe manufactures at Rochester
Mrs. Pratt, a grandchld OF Edwin Wal
lace sued TO recover money paid by her
for lands In Omaha In connection with the
disposition OF her grandfather's estate.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
B|CkNALL
VERDICT IS
SET ASIDE

The supreme court in an opinion handed
down today in the case OF Mary f. Bick
nall VS.. Frank 7. Bicknall sets aside a
verdict for the plaintiff for Sl25S.50. and
orders defendant shall have judgment en-
terered In his favor in the supreme court.
Plaintiff brought an action OF deceit
to recover 5000 against the father OF the
defendant, and the defendant, before the
return day OF the writ, assumed TO pay
the plaintiff said sum In consideration
that she would discontinue and abandon
her suit against his father. To plain
TINS claim. the defendant pleaded first,
the general issues. and secondly, acter
non. because he says that the promise
declared on is special promise TO answer
for the debt, etc, of another, which must
be In writing; TO which the plaintiff re-
declared on was not special promise TO
answer for the debt, etc. OF person
other than the defendant. but was a di-
rect and unequivocal assumption OF the
said debt, by the defendant as for his
own debt, in consideration of her forbear-
ance to prosecute her suit against his
father
The question, according to Judge
Dubois. who writes the opinion of the
court, raised by the defendants petition
for a new trial, was whether com
proven by the plaintiff. For such a
novation Is universally held not to be
within the statute of frauds. Novation is
the substitution OF new obligation for an
Since novation is the extinguishment of
one obligation and the foundation OF an
other, 1t requires the assent of all the
parties TO both the old and the new OBJ
legations. for unless all the parties to the
old assent, 1t cannot be extinguished. and
unless all the partiesA to the new assent
IL cannot be created"
Plaintiffs claim is that she loaned $1,000
to the elder Bicknall, AZ she supposed on
first mortgage, but subsequently ascer-
tained II was a second mortgage she had
This was the reason for the action of
deceit. and Mr.. Bicknall, senior was sick
when his son assumed TO pay the claim.
Judge Dubois. commenting on the tes-
umony, says: "A fair Interpretation OF
the testimony of the plaintiff is that she
dropped her claim for deceit against Ed
ward j. Bicknall but that she held the
note and mortgage as outstanding and
valid against the real estate; that she
did not surrender or attempt or intend to
surrender them. and, so far as appears I'm
evidence. they constitute subsisting
obligation, capable Of enforcement by
foreclosure In other words she released
a claim she may have had against the
body OF Edward J. Bicknall but did not
part with her claim against his real es-
tate. The extingyshment must be COM
plete and total not partial or equivocal,
to serve the purposes of novaton."
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
Mr.. AVER OF BOSTON ROBBED
WHILE IN A STREET CAR

New York, Jan. 12.-Acting Captain Nc
Cauley OF the detective burea, stated to-
day that three men who were arrested
yesterday for the Boston police, are
charged with the larceny of money. let
ters and negotiable securities, valued [
more than $4,000 from Joseph b. Aver
OF Boston.
The robbery is alleged TO have taken
place while Mr. Aver was In a street car
dn Boston on Dec II. and the valuables
were in his pocketbook The accused are
John Brough Juren Seley and Thomas
Gibbons. They are charged with having
negotiated the stolen securities.
Boston, Jan. 12-According to Chief
Watts Of the local detective bureau, the
robbery OF the securities from Joseph b.
Aver of this city was not as large as at
first supposed, the thieves extracting
from Ayers pocketbook merely the cou-
pons OF several bonds and not the bonds
themselves.
These coupons were payable Jan. 1 and
the total did not exceed $3.50. Chief Watts
stated that he did not ask that the men
be sent TO Boston. believing that the
charges against them would best be dis
posed Of in New York.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12

CONFER ON
REMOVAL
MATTER

Boston. Jan. Zone OF the first mat
ters TO which Gov Guild turned his at
tention today was communication from
District Attorney John r. Moran. calling
for the removal OF the savings bank COM
missioners on account OF alleged negli-
gence in failing to examine the condition
OF the Provldent Securities and Banking
company. which is now In the hands of
custodians.
For some time the governor was in con-
sultaton with Attorney General Herbert
Parker with reference to the matter. Az
terwards the governor addressed letter
TO the district attorney replying TO the
communication from this official.
Later in the day. Gov. Guild made pub
lie his letter TO Mr.. Moran. The letter
follows:
Hon John B. Moran, District Attorney
Suffolk District:
Sir am in receipt OF your letter of
Jan. II. You will regret, am sure. that
doubtless through the inadvertence of
some subordinate this piece OF official
correspondence was not delivered at this
office, but was left at my residence. and
only in the shape Of n newspaper 'fimsy,'
some hours. as i have reason to know,
after 1t had been given to the press.
You will, l am sure, be glad TO learn
that prior 10 the receipt of your letter, |
myself, had brought, not general charges,
but certain specific acts of those commits
sioners to the attention OF the attorney
general that he might rule as to their
duties under the laws affecting that de-
partment.
The subject matter OF your communl-
cation therefore had already had the at
tenton OF the executive who, in so far a
legal questions may be involved. will con-
time 10 act upon advice furnished by the
attorney general. the law officer provid-
ed by the constitution OF the common
wealth for this purpose.
Respectfully yours,
CURTIS GUILD, Governor"
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
SHOT
IN DEFENCE
OF HIS LIFE

Woodsville. n. H., Jan. i2.-News OF
fatal shooting affair al a farmhouse In a
remote part OF the town OF Haverhil'
near Benton. was received here today,
Samuel Howe OF Benton was shot ana
killed. and George Baird of Haverhill' Is
under arrest. charged with the shooting
Baird recently moved to the farmhouse
where he lives with his wife. The neigh
bors are a mile distant. He told the au-
thorities today that Howe came 10 his
house about 10 O'Clock last night, and up
on being refused admittance. broke in
window, and threa tened 10 Kill him. Fear
ing that the man would attempt TO carry
out his threat Baird says he picked up his
revolver and fired two shots through the
window.
Both shots took effect. and Howe's
death was almost instantaneous. An in
quest will be held tomorrow.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
MRS. CASSIE [. CHADWICK
TAKEN TO PENITENTIARY

Cleveland, Ohio. Jan. 12.-Mrs Cassie
J. Chadwick. escorted by United States
Marshal Chandler. left Cleveland today
FOR the state penltentiary az Columbus. TO
begin her sentence Of ten years imprison-
ment.
There were no friends at the station
10 bid her farewell During the night Mrs
Chadwieks attorneys vainly sought 90
obtain stay Of execution OF sentence
Prior to leaving the county jail a physician n
faid that she was undoubtedly ill. but
he believed she could safely make the trip
20 Columbus Shortly before the train
left, Mrs Chadwick said.
Il am going 10 try and be brave and
keep Up now 90 the last"
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
DIPLOMATIC
RELATIONS
BROKEN

Washington, Jan. 12.-Al diplomatic re-
iations between Venezuela and France are
broken. It is said at the state department
and although 1t is stated no formal or Of
fetal information 20 this effect has been
received. the officials assume that in ac-
cordance with the usual procedure. this
Will involve the early departure from
Venezuela Of NJ. Taigny, the French rep
resentative there. and from France of NJ.
Maubourguet. the Venezuelan agent at
Paris.
The officials here are awaiting the turn
OF events with keen interest, although It
Is expressly stated that definite news re-
garding the next step that France will
take Is yet TO be received
In the event that the request is made
by France. IL is said permission will be
cabled 10 Minister Russell To look after
French interests.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
MILKMAN MCDONALD
FURNISHES $4,000 BAIL

John Mh Mcdonald. indicted for man
slaughter. today gave 5000 bail in Judge
StearDs' court. Mr.. Mcdonald. through
his counsel, filed plea in abatement to
the indictment. He is charged with hav-
ing caused the death OF Ella Stanley
by selling her parents impure milk
The p lea states that Matthew Welsh
OF Burrillvllle who sat on the grand jury
that returned the indictment is not a tax
payer OF Burrilville. that his name was
not In the box from which jurors names
were drawn, nor was his name I'm the
book OF Jurors kept by the town clerk
Another juror who. IL is claimed. was
not qualified to sit on the December grand
jury, but who signed the indictment was
Gilbert r, Bishop OF Johnston.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
new BEDFORD PASTOR
RECEIVES CALL TO BOSTON

New Bedford. Mass. Jan l2.-Rev.
Charles J. Jones, Jr pastor Of the North
Baptist church, has received a unanimous
call from the Central Square Baptist
church OF Boston, to become its pastor.
Since Mr.. Jones came here from Vir
ginia Ave years ago, the church has pros
pered In many ways. one-half the present
members coming in under his preaching.
Rev Mr.. Jones received his theological
training In the schools Of the Christian
denomination. but became Baptist 10
years ago.
He Is we'll liked by his people and
they would be loath TO see him go.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
NUGGETS Of NEWS.

General Hernandez Ferbeb, militarv
governor OF Algerciras. Spain. died sud-
denly today
At n meeting Of the French cabinet
held today the date Of the election Of n
president tFranee-was fixed for
Jan. L.
La Savoie from Havre. for New York.
Is reported as having been in communi-
cation by wireless with the Marconia sta
tion at Cape Race AT a. m. when pass
ing that point.
Queenstown for New York. was In COM
munication by wireless with Cape Race.
" r.. at p. m. Thursday. when 1i2o
miles east OF Sandy Hook lightship. Re-
ported "All WE'LL
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
ROOSEVELT
TO SUCCEED
HARPER?

Chicago. Jan. 12.--Talk OF electtng Pres
idsnt Roosevelt as the successor OF the
late President Harper, at the head of the
Chicago university. has become strong
In university circles. II is declared TO
have been one of the hopes of DIR. Harper
during the last months OF hs life that
president Roosevelt might take the head
OF the university at the conclusion OF his
presidential term.
To bring this about II will be necessary
To alter the constitution Of the univer-
sity, which declares that only a Baptist
may be president, 1t has been decided
that the final resting place OF President
Harper shall be In a memorial chapel to
be erected on the university campus.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
PLEADED NOT GUILTY
AND GAVE $500 BAIL

Frank A. TillInghsst. one of the con.
stables arrested In the Sixth police dis
trict. Wednesday night. for an alleged
assault upon Patrolman william II. Lee,
was brought from the Rhode Island hos
pital this afternoon and arraigned be-
fore Judge Rueckert, who held special
court session.
Iillnghast pleaded not guilty and was
held In $500 for trial on the 18th instant.
He had been a prisoner under guard
since Wednesday night having been sent
TO the hospital on the supposltion that he
had been shot
Instead, he had sustained n scalp wound.
having been struck with the butt OF
Putrolman Lees revolver
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
HUSBAND AND WIFE IN
S0RR0WFUl PLIGHT

New York, Jan. l2.-Edward Esch and
his wife, dispossessed and turned out Of
their home two weeks ago, were found
by the police today on a street corner
the husband scarcely able 10 stand from
starvation and his wife suffering from
an advanced stage OF pneumonia.
The woman was IN dying condition
So weak was Esch from denying himself
food TO pay for lodging for her that he
could scarcely hold her up. lie had spent
his last cent and was IN search OF some
charitable Institution. The police took
them both 10 n hospital Esch said that
he had been out OF work for several
months.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
COSSkCKS SLAUGHTER.
Continued from mage one

Continued from page one
St Petersburg. Jan. l2-An examina-
tion OF the budget statement which was
issued last night reveals many inter
esting Facts Although the stock OF gold
In the state bank. and abroad az the
opening and close OF the war increased
from 1851. 10000 20 $672. .Ooo.0o0 the gold
circulation I'm the country I'm the same
period decreased SB.0oo00. while the
paper increased S23i. 10000 The state
ment explains that all the payments In
ManChuria were In paper. the entire pro-
ceeds OF the foreign loans being employed
TO pay foreign war obligations and tho
interest on the public debt
Exclusive OF the loans being negotiated
TO balance the budget OF 1906. the war
resulted In an increase Of the interest
charges from 10000 90 s2ii .500O0o
Summarizing the budget the statement
says that one OF the good features OF
the outlook Is the exceptionally fine com
dition of the winter grain. This is the
last budget which will not be subject
10 revision by the national assembly.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
GAYN0R
and GREENE
Defeated

Savannah. Ca. Jan. 12--Judge Speer in
the Federal court today, read his opinion
upon the special plea OF counsel OF Greene
and Gaynor as to the Jurisdiction OF the
court. This opinion was adverse to the
defendants. whose petition that they be
discharged from custody was denied
Col. Meldrim OF counsel for the defence
took exceptions to the opinion OF the
court lie declared that Il was not speci-
fed In the charge wherein the defendants
had swindled the government in connec-
tion with the Improvement OF the harbor
Of Savannah
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
MARINE REGISTER.

Tomorrow the sun rises at 7:12 a. m.
and sets at 4s6 p. m. High tides at 9:4S
a. m. and l0.iS.
The following vessels arrived in port
the past "A hours
Steamer Edgemont. Olweller. New York.
Steamer New Hampshire, Hazard. New
York
Tug Fred y. Ives. with barges Carlos
French and T.. -. Stoddard
Tug Thomas J. Scully. with tow.
Tug Boxer. with barge Charles r.
pritchard.
Standard oil tug. light.
Tug Minnie. light
Tug Nat sutton. with barge Toby
hanna.
SAILED.
Tug Nat sutton. with barge bridgeport
Tug Fred +. Ives with barge Morris r.
Tug Thomas J SCully with barges
Whlrlwind. Hurricane. II G. Cadmus Al
batross. Delaware and Marvin.
Tug Roger WSiams. with barges Bruins
wick. Rebecca Crowell.
Tug standard OH tug No 2. with barge.
76. 20 Fall River.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
REV. DR.. ADAMS DIES AT
AGE OF 81 YEARS

Auburndale, Mass, Jan. 12.-Rev.
George Moulton Aaams, d. D., prominent
in Congressional church circles through
New England. died at his home here to-
day at the age of 50 years. For 81 years
DR. Adams had been active in pastoral
duties and at the time OF his death was
pastor OF the Waban Congregational
church.
He was born in Castine. Maine, and
graduated from Bowdoin College I'm 1874.
He continued his studies at the Bangor
Theological Seminary, at Berlin, Ger
many. and at the Andover Theological
Seminary
His first pastorate was at Conway. and
he has filled pulpits at Hollston. Ports
mouth, ". H.. and a Waban.
Funeral services will be held In the
chapel ot the Auburndale Congregational
church January IL
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
BREAKS RECORD FOR
L0NG-DISTANCE MARCHING

Fort Sam Houston. Texas. Jan i2-The
Sixth field battery OF the United States
artillery, entered Fort Sam Houston to-
day. The battery broke the worlds record
for long distance practice marches having
covered the estimated 100 miles from Fort
Riley. Kansas. In thirty-five days
The men are haggard and lean. Many
of them were scarcely able 20 travel. The
horses resembied moving skeletons. Tho
men walked nearly the whole distance In
order 20 keep warm The battery lost ono
man. Private Arthur Hail. during the
march.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12

The report OF a contemplated reslgna-
zion had reached a number OF men this
forenoon, including several members OF
the bar. and was received as reliable
enough TO cause them to consider possl-
biities for the vacancy II It occurred and
the name OF Col. Daniel r. Ballou was
mentioned
Col. Ballou is well-known Grand
Army man and practicing attorney in
partnership with his son-in-law. Council
man Clifford Tower.
When seen this afternoon in his office
in the Industrla building. Col. Ballou
stated that his friends were circulating
a petition In his interest among the MEM
bers OF the Rhode Island bar conditional
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12

upon the retirement Of Mr.. Kendrick, as
marshal
lie said his friends were informed that
because OF the serious illness OF Mrs. Ken
drick. the present marshal was frequently
called 10 her side in New Hampshire, ne
cessitating frequent absences from his
duties here.
IL is for this reason. he says. accord
ing TO the information at his command
that Mr.. Kendrick is to retire. In case
there Is no vacancy. the matter will rest
said Col. Ballou, but should there be his
friends have anticipated 1t. and wish him
TO have the position.
THAT is all know about the matter.
what my friends inform me- said Col
Ballou. and he expressed his regret that
Mr.. Kendrick should feel the need Of Civ
Ing up his position, on account OF illness
OF his wife.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
Mr.. KENDR|CK SAYS
He CANNOT TALK
At PRESENT.

CONSIDERABLE SPECULATION
CIRCLES
RECENTLY APPOINTED AS UNITED STATES
PRESIDENT ROOSEVELT, CON-
REcENLY CONFIRMED
ABOUT RuMoR BY A NEWS MAN, MARSHAL
ANYTHING
HARDLY
coMMIssIoN,g EXPRESSED
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12

CHEROKEE
ASHORE

New York, Jan. 12.-An unknown steam
er is reported to be ashore near South
Brigantine life saving station, New Jer-
sey. The Brigantine life saving crew
hG' gone to her assistance.
The Brigantine life saving station is
about six miles north OF Atlantic City.
Philadelphia, Jan. 12.-The South Brig
antine 'ife saving crew reports that the
steamship ashore near that station is the
Clyde liner Cherokee, from San Domingo
for New York The vessel is undamaged
and will probably float at high tide this
afternoon.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
STATE OF RHODE ISLAND.
House OF Representatives
Providence, Jan. II. 1906.
PUBLIC HEARING.
CONDUITS AND BRIDGES.

NONDIIIS AND BRIDGES.
The Committee on Judiciary OF thee
House of Representatives will hear all
persons interested in House Bill / entitled
AN Act to enable the James Hanley
Brewing Company to build and maintain
conduit and lay and maintain pipes
therein under and across Jackson street,
in the city OF Providence;" also House
Bill 2s entitled IAN Act TO enable Arthur
T. Scattergood, Louise l.. Peck and the
A. I. Scattergood Company to build and
maintain bridge over and across Throor
street in the city of Providence" In Com.
mittee Room 22s. State House. Provi.
dence, on Tuesday, January Is, 1906, upon
the rising Of the House.
JAMES HARRIS Chairman.
ARTHUR A. RHODES, Clerk.
Sc Weybosset street.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
HEPBURN RATE BILL TO Be
TAKEN UP NEXT FRIDAY

Washington, Jan. 12.-Rate legislation
was not considered by the House commit
tee on Inter state and Foreign Com
mcrce today. Next Friday was set as the
date when the entire committee will con-
slider the Hepburn measure.
AS yet the Democrats have not had
time 10 study the amended measures and
some OF them that IL was not possible TO
say now whether they would accept
Chairman Hepburn's bill or report n
measure OF their own.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
Bonds.

stephen W. Nash. retired shoe
manufacturer. died last night at bis home
IN Weymouth, Mass. aged 40 years. lie
was well known In the shoe trade For
years ne was senior member OF the hrm
~ :. w A. L. Nash. shoe manufactur-
ers OF this place. lie is survived by son
and two daughters.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
RECEIVER FOR A
LIFE INSURANCE COMPANY

New York. Jan. 12.--Edward Browne
was appointed temporary receiver for the
Empire Life Insurance company of this
city today on application Of four directors
Of the company, who petitioned for vol
untary dissolution OF the concern. The
assets amount to $4,000
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
ARCHITECT ARRESTED
AS AN INCENDIARY

Dallas. Tex, Jan. 12.-Charged with
having set fire to the Knephy building
last Tuesday in which two lives were lost
and a number OF persons were injured, r..
II. Silven a well known architect and
an occupant Of the building, was arrested
last night on n warrant sworn out by
Chief OF Police r.. 4. Keith, charging
murder.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
INSTRUCTS
JURY To
ACQUIT

Philadelphia, Jan. 12.--Judge Audonroid
today instructed the jury in the case OF
John w Hill, former chief OF the Ultra
tion bureau who was charged with for
gerry and falsincation OF records TO bring
in a verdict OF acqulttal
The trial had been IN progress nine
days.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
DYNAMITE USED TO AID
SEARCH FOR BODIES

Haverstraw, n. Y, Jan. 12-Dynamite
was used today in the search for bodies
buried In the landslide OF last Monday
night. Five Of the six victims whose
bodies have been recovered, were buried
today
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
PLAINTIFF WON SUIT

The jury that heard testimony In the
case OF Katherine r. Hughes against the
Rhode Island company gave plaintiff n
verdict for s4coo John w. Horgan was
counsel for plaintiff
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
TO CURE A COLD IN ONE oAY

Take LAXATIVE BROMo Quinine Tab
let's. Druggists refund money IL II fails
TO cure. T.. w. Groves signature IA on
orient
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12

or any civilized country. you can pro-
cure Laxative Broino Quinine from any
druggist All nations use H. T. w.
Groves signature on box.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
FOUND GUILTY or ASSAULT

Patrick O'Brien was tried IN tho Sixth
district court today for an assault upon
James Hackett. lie was found guilty.
hned 80 and costs and took an appeal.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
The Cotton Market.

Received for The News over the pri-
vate wire OF EDWARD L. SHELDON &
co. Bankers and Brokers, Room 2Si,
Banigan Building.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-12
MARKET
REPORTS.
The N0x York Stock Market

Reported for The News over the prl-
vate wire of EDWARD +. SHELDON 81
CO. Bankers and Brokers, Room 2S4,
Banigan RnildinR.