davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

Counsel for the defendant had petition
cd for new trial on the strength OF new
evidence referring 20 the Canada stick pin
found on Tucker subsequent to the mur'
der which the government claimed, was
stolen by him after the crime but which,
according to the new evidence. had been
seen in fuckers yacht several months be-
fore the death of Miss Page.
When the adverse decision was an
nounced TO fuckers counsel, Vahey, In
mes. and Mansfield, Philip Mansfield OF the
firm said:
II am bitterly disappointed%s what the
next move will be l cannot now say
Eventually / suppose the case will go to
the supreme court of the United States
but nothing Of course has been decided
upon as yet"
This is the second adverse decision in
the Tucker case. Several months ago the
supreme court OF Massachusetts, ruled
against the defendant in his petition for
q new trial on the strength OF exceptions
taken during the trial
The second petition. addressed 10 the su-
perior court, claimed. that new evidence
-ef-stifff tifffie4e44t-eensequenc TO warrant a
new trial OF the case. had been discovered
Counsel filed affidavits from various
the stick pin. found on Tucker. had been
seen by them previous 10 the crime and
that II had been given 10 him by a man
who lived at Portland, Me.
AS TO the newly discovered evidence.
Judge sherman declared. that in his opin-
ion. IL would not have changed the verdict
had II been offered AT the trial. In con-
clusion the court said;
After a careful and prolonged trial,
before an able. fair-minded jury, the de-
fendant was found guilty The
prisoner has had all his rights carefully
guarded and preserved for him and he Is
not entitled 10 a new trial, and In the
exercise OF my discretion, / overrule his
notion"
Cambridge. Mass, Jan. 22.-The next
move on the part Of the state will be
made in a few days. when n motion that
sentence be passed will be made by At
torney General Malone and District At
torney George j. Sanderson. Death by
electrocution is the penalty OF first de-
gree murder in Massachusetts.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

OF SERVICE
is RAISED

What Chief Justice Douglas termed a
very interesting and very important ques.
tion was argued in the Supreme court to.
day in the case OF Cranston Print Works
company VS.. John J. Whalen. appellant.
II was: Must there be personal service
OF a notice TO quit. or is a service upon
the wife a sufficient service upon the hus-
band? Plaintiff sued 10 recover possession
Of tenement at 7e6 Dyer avenue. setting
up n notice TO quit, as It claimed, proper
ly served.
Judge Palmer in the Eighth judicial Dis
trict court gave Judgment for the plaintiff
a Jury trial was claimed and the case was
tried before Judge Brown and a Jury in
the Supreme court. The jury found for
the plaintiff
new trial Is claimed on tie ground
and against the law. Judge Brown re-
fused to instruct the jury TO return a ver-
dict for the defendant and later denied
defendants petition for a now trial
At the trial the wife OF the defendant
testified that she never delivered the no
tice 10 quit TO her husband, but the same
day she received It took IL 10 the at
torney who represented her husband in a
prior action OF eJectment between the
cdr1lt pdIAAtSs
Judge Brown charged the Jury that the
receipt by the wife was presumptive re-
ceipt by the defendant. Defendants coun-
sel say IL Is not presumption OF law that
the notice in writing delivered by the
agent OF the plaintiff TO the defendants
wife was received by the defendant, but
from evidence that the notice in writing
was delivered by an agent OF the plaintiff
20 the wife OF the defendant the jury may
infer as n presumption OF fact that such
notice was received by said defendant but
such presumption or fact is rebuttabe
and II is for the jury 10 determine the
fact
Counsel for plaintiff argued that TO In
terpret the statute dealing with notice
TO quit as requiring that such notice be
severed personally on the tenant Is clearly
unfair and unjust 10 the landlord. And.
II such were the case. the landlord might
never be able 20 obtain possession OF his
premises. The tenant could leave the
state. run away and in other ways avoid
personal service Again IL would be un-
reasonable TO require more stringent SER
vice in matter OF this kind than I'm a
writ OF ejectment or even I'm a writ OF
summons"
Benjamin w Grim is attorney for the
plaintiff and p H. quinn and Edward NJ.
Sullivan are attorneys for the defendant.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
SON KILLED.;
He SUES FOR
$4,000

Before Judge Mumford and a fury was
begun today the trial OF the suit OF Jo-
seph Duval 10 recover $4,000 for the loss
OF his some life from George NJ welles,
Charles Genereux. Laurdcnt I,eclaire.
Charles -pl4na4a-
IL Is claimed by the plaintiff that on
August 20. 1897. his son Adolard Duval u
boy. was enticed and compelled 90 20 up-
on a staging which had been erected at
the house occupied BY Welles and Ganer-
oux at woonsocket The other defend
ants were employed by welles and Gen-
ereux 10 make repairs about the house
While young Adelard was on the stag
Ing a crosspiece broke and he was So
thrown 20 the ground and - badly in
jured that he soon died.
John ]. Fitzgerald Is attorney for the
piaintin and Vincent Hoss and Rarna.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

Charles Mcbride
The Portland car left this city at 6:45
a. m. and upon reaching Highland square
found the trolley wire had fallen on
Woodford street. between the square and
Brighton avenue.
They shifted 10 Brighton avenue. via
Stevens avenue, and thus passed the
broken wire. The car reached a regular
passing place at the junction of Brighton
avenue and Woodford street. seven min
utes late, and stopped. The motorman
and conductor both left the car and lis
tened for an approaching car. Hearing
none. they started toward Westbrook. ac-
cording 70 the rule. expecting 20 reach the
switch beyond before the Westbrook car
left II. They were just passing down a
steep slope in front OF Hamblets brick
yard when Motorman Roberchaud OBJ
served the Westbrook car.
He sounded warning on the air whis-
tie. reversed the power and had his car
nearly under control when It colided with
the opposite car. which had not slackened
its pace quite az much. owing TO the grade
and slippery condition OF the rails Motor
man Rocherchaud. after controlling his
car, attempted TO open the vestibule doors.
and escape injury, but was caught be-
tween the doors and slightly crushed He
may have sustained internal injuries.
The railway authorities issued a state
ment in which 81 was said that the fog
was responsible for the wreck No blame
was attached 10 the employees.
Ambulances and physicians were sum-
moned from Westbrook and Portland and
those seriously injured were removed to
a hospital from the residences OF Mel
YIN Hambtet and wT11Tam TgIcas, Where
they were first cared for There were
l5 people I'm the car fro mwindham and
Westbrook most OF whom were residents
ofthe latter place, and six in the car from
Portland.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
CONTRACTS FOR SMALL
QUANTITIES OF STONE AWARDED

A number OF quarrymen and stone deal
ers were given orders for furnishing ma
terial as the result OF bids opened this
noon by Commissioner OF Public Works
Walter F. slade. Curbstones. cornerpieces
and crosswalk stone were among those TO
be furnished
Nelson A. Beaumont of Sterling. Conn.
was awarded the 10-foot sections OF stone.
Albert Lippitt OF Georgiaville was given
the job furnishing some special sizes
and another part OF the material was
given 10 James Beaton OF Coventry, the
4-inch crosswaik stones
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
FIRE. PANIC IN
CHURCH COSTS
18 LIVES; 40 HURT

Philadelphia Pa, JAM 22-A wild panic following loud shrek
Fre brought death colored and injuries nearly
others night St Paus Baptist church Eighth
street between Poplar and Grard
terrible rush gain the of brief duration and
that killed in the stampede probably due the
factt church crowded
At the time the disaster occurred than
second floor of the building which, with gallery
capable of accommodating 600 700.
CONTINUED Page Six)
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

came. he did his utmost TO prevent an ac-
cident, but II was too late and death was
the result.
i therefore find and certify that said
Charles Riley on the 18th day of October.
1905. at the Rhode Island hospital in
Providence. came TO his death BY reason
OF hemorrhage OF the brain. traumatic
amputation OF both legs and shock conse-
quent thereto. as confirmed by the copy
OF the autopsy made by j. G. Pegram NJ
D.. and filed herewith: that said injuries
were caused by his being run over by an
electric car on Point street, while trying
TO cross the track in front OF moving
car; his being run over was partly due
TO the act or neglect Of the. motorman.
Everen ] Belcher. though such act or ne
glect was insufficient 10 constitute gross
carelessness or criminal negligence
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

Nearly ali those injured were on the
car from Windham and Westbrook bound
for their work in this city. The front of
this car was badly crushed in. The dead:
Winfield S. leighton. aged IS. son Of
Frank b. Leighton. Westbrook.
The injured:
Pearl c. Roberts. Westbrook. leg
broken
Pearl Crockett, Westbrook, motorman,
leg broken.
Fred Robertchaud westbrook, motor
man, head hurt, apd cut by breaking
glass
william II. Howard, Portland, bruised
and nervous shock.
Miss Lyle Bryson, Westbrook, shock
and bruises.
Miss Catherine Doyle, westbrook.
bruises.
Miss Annie f. Bowers. westbrook,
bruises.
Joseph Remy Westbrook bruises.
Roy Wentworth. South Wlndham, cut
and bruised.
Miss Lulu Merrill Of Massa chus-tts. Wis
iting a South Windham, bruises and face
cut.
Charles Mcbride. Westbrook, conductor,
back injured possible internal injuries
Frank Raymond, Westbrook, conductor.
bruseda
The Leighton boys back was broken.
leg, and arm broken, head injured and his
BODY was badly crushed. Except for the
broken limbs, the injuries TO others mostly
were -eaussd-ey- the sudden stopping of
the cars and broken glass.
The car from Portland was in charge OF
Motorman Roberchaud and Conductor
Frank Raymond. while the one from
Windham and Westbrook was managed
by Motormsn Crockett and Conductor
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
CLARKE IS
SEEKING A
new TRIAL

Defendants petition for a new trial In
the case Of r. NJ. r. Meikleham and W.
Il. Dinsmore. Jr. OF New York against
William &. Clarke. administrator OF the
estate OF William G. Clarke. was heard
by the supreme court today. This was
an action OF assumpsit 10 recover compen-
sation for services IN estimating the cost
OF putting the Sea View railroad I'm the
year 1892 In running shape.
IL Is stated that no claim was ever made
against defendants intestate In the lat
ter's lifetime. That the deceased never
promised 20 pay the engineers Judge
Dubois, who heard tho case without a
jury found for the plaintiffs, awarding
them decision for sil3l.60 and costs.
Clarke. the intestatc, was. In NAV 1902
a stockholder I'm and president OF the Sea
View railroad and the holder OF some
is claimed. that Ernest Luce, promoter.
who resided In Boston. interested him in
scheme for the promotion OF a new COM
pany which was TO absorb the old one
Defendant claims the decision was
against the law and the evidence, that tho
amount OF damages awarded was Excess
sve. that the justice erred in refusing %
admit certain evidence presented by the
defendant, and also because OF important
newly discovered evidence
This was a scheme 20 continue the rail-
road from Nsrraganeett Pier 20 Wake
field. Clarke and culver. New York law
yCfs. nnd promoters were approaches by
Luce. who pretended 10 speak for CLARKE
OF WEXFORD. and asked 20 arrange the
reorga nization and extension. TIE pro-
moters told Luce that they must have the
opinion % expert engineers and sent on
the plaintiff
Defendant claims hls intestate never got
any benefit out of the Transaction. and
never Incurred any responsibility In the
matter. on the other hand plaintiff as
eerted that Mr.. Clarke was present when
engineers went over the premises
John Hcnshav IL counsel for pialntiY
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
TO TENDER Or. G0ODSAlL
RECEPTION AND BANQUET

There was a good attendance at the
minister's meeting held This morning In
the Mathewson Street Methodist church.
Rev. Charles NJ Melden. pastor Of the
church, presided. Il was announced at
the meeting that q reception and banquet
The paper OF the day was read BY Rev.
Il. J. Curry on Henry Dodwell. Jr., and
his Relation 10 English Deism.t Rev. DIR.
Vaughan, representing the lndian mission
jubilee fund also spoke.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
FOG IS CAUSE OF
4 FATAL COLLISION

Portland Me- JAM 22One badly injured he
died three hours later hospital sustained broken limbs and
eight ten injured bruised by collision early today of
electric the Westboo Wndham and Gor division of the
Portland railroad.
The accident occurred Woodord
Brighton avenue, three miles from the city proper.
1t due thick land fog particularly in that locality
while the trying reach different switches.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
GUAYAQUIL SURREkDERS;
SITUATION IS QUIET

Washington Jan. 22.-The State depart
ment has received brief cablegram from
Guayaquil. Ecuador announcing the sur
render OF Guayaquil and saying that tho
situation Is quiet The cablegram contains
no further details.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
NAVAL AUTHORITIES DO NOT
KNOW WHEN TRIALS WILL END

Annapolis. Md Jan. 22.-The case OF
Mldshipman Claude Il Mayo. Of Column
bus. Miss. a member OF the first class.
was taken up by the court martial today.
The naval authorities say they have no
idea when trials win end. but Officers who
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
FOR MAYORS PORTRAIT

This afternoon the committee OF the
city council TO arrange for Mayor Elisha
Dyer TO sit for his portrait. in oil has a
meeting at the office Of Clerk OF Commit
tee Daniel r. Hayden.
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
WAS NOT CRIM|NALLy
NEGLIGENT, He SAYS

Coroner Eugene HLncon today filed his the superior
the death of Charles Riley The finds that for
chid DEATH which due his being down
the motoman Everen Becher partly responsible though
such gross criminal negligence
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
ENTITLED TO SUE BUT
MUST AMEND THEIR BILL

Boston. Jan. 22-1n decision filed to-
day In the suit brought by William A.
Payne and others against A c. Burrage.
relative to the ownership OF 10000 shares
OF Copper Range stock. Judge Braley OF
the Supreme judicial court finds that the
petitioners are entitled TO sue for relief
In equity but that they must amend their
bill In several particulars within the next
fortnight.
The petitioners claim that the 7oOco
shares OF Copper Range were sold In vio-
lation OF contracts by the defendants.
Their object is 10 recover the stock
From today on The News will be shs
officlal medium of daily cournunlcstloo
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22
TUCKER
DENIED 4
NEW TRIAL

Cambridge. Mass, Jan. 22.-Chas. 6
) L. Tucker, under conviction for the g
> murder OF Mabel Page, is refused 4;
. new trial on the ground OF newly (.
!. discovered evidence, in a decision 4.
. ly .
3 filed today by Judge Sherman OF 4.
3 the superior court.
5 q
The Providence news. (Providence [R.I.]) 1891-1906, 1906-01-22

"PeopIe Rave a trick Of forget
ting, and It's surprising how
quickly they'll forget you and your
business II ou stop advertIsIns."-
orlsInger. IN Rhode Island Adver-
tIser.
The San Francisco call., 1906-12-31
STOCKHOLDERS To
PROTECT RIGHTS

NEW YORK, Dec. 30.-The Stock Ex
change firm that has undertaken to en-
force the rights of the holders of odd
lots Of St Paul stock to their full quota
of their stock issue, and who on Satur-
day last began suit, through their
counsel, to compel the company to rec
ognize the claims of the small stock
holders, today issued the followipe q
statement through counsel:
white & Blackwell announced that
they had been Informed by their coun-
sci, Anderson, Pendleton & Anderson.
that the motion for an injunction had
been adjourned for one week on an
agreement with Pendleton and Horn
blower, for the Chicago, Milwaukee and
st. Paul Railroad, and that Miller,
chairman of the st Paul, recommend
ed to the board of directors that they
viii take such action as will allow all
holders OF odd lots to subscribe for
their fractional. shares, and that war
rants will be issued for such fractional
rights"
Justice Davis. in the Supreme Court,
Saturday issued an order against the
Chicago, Milwaukee and st. Paul Rail-
road to show cause tomorrow why 1t
should not be compelled to issue all
the stock rights due subscriber of
that property, in connection with sub
scriptions to an issue of 100000, 900 OF
new stock.
The San Francisco call., 1906-12-31
EUREKA sOC|ETY'S
RELIEF WORK

The annual meeting OF the Eureka
Benevolent Association was held at
1858 O'Farrell street and the report of
the president and of the secretary for
the fiscal year ending November 80,
1906, submitted. Officers and trustees
for the ensuing year were also elected
The report of the president, Henry
Sinsheimer, shows the organization to
be on a strong basis financially, but
suggests that radical measures should
be taken by the members to increase
the membership.
The society, which worked in con-
junction with the Hebrew Board OF
Relief, the rabbis of San Francisco and
the B'naf Birth, accomplished much
good work among the suffering and
needy Hebrews during the weeks fol-
has devoted much time and money
to the feeding of the helpless women
and children of that faith.
The fine building occupied by the as
sociation before the April fire was
totally destroyed, and along with 1t
went all the records made since the
nody's Organization. AS several thou
sand dollars still remain in the surplus
fund aside from the insurance on the
old building. which was paid practically
In full, the executive committee of the
society is planning to build a new
structure to be used as home by the
association, probably on the old site.
A new home is promised within a
year.
At a former meeting the matter of a
consolidation of all the Hebrew benev-
olent organizations into single feder-
alton was agitated and at the meeting
yesterday the subject was again re-
vived. A majority of the members ex-
pressed themselves as favorably in
clined toward the proposed change
Since April IS, according to the Sec
retary's report, s19,344.65 has been
spent in the maintaining of unfortu-
mates who lost by the fire.
The following officers were elected
to hold Office until January 1, 1908:
Trustees-Simon Anspacher, Leopold
Michels, Simon Newman and Henry
Sinsheimer; off1cers-Henry Sinsheimer,
president; Samuel Heller, vice presi-
dent: Albert Meyer, treasurer; Meyer H.
Levy, secretary; Jules Lievre, collector.
The San Francisco call., 1906-12-31
HURLED
At VOLIvA

CHICAGO, Dec. 30.-WiIbur Glenn
voliva. general overseer of Zion City.
was denounced as Judas Iscariot,"
devil" and "robber" by followers OF
John Alexander Dowis. during meet
ing attended by $500 persons in Zion
Tabernacle here tonight The nrst in
terruption. which almost precipitated
a panic in the audience, occurred when
Voliva made a sarcastic allusion to
Dowie.
shut upt- ordered a Dowieite in the
audience. You're only a dogP'
Two ushers seized the accuser by the
throat in an effort to stffie his voice.
Gurgling through hands clasped over
his mouth. the disturber continued:
Don't you mention John Alexander
Dowie's name again. you Judas Iscariot,
for God made half man out of you
the rest is devil
Soon after the disturber was silenced
an outburst followed VoIiva's declara-
tion that he would distribute pamphlets
exposing the various Masonic Oaths.
Al third dramatic situation occurred
when Voliva walked to the front Of
the platform and asked one Of the fol-
lowers of Dowfe to shake hands with
him. The latter refused. declaring that
he would not shake hands with the
devil
voIiva predicted that before another
year had passed he would have reor-
ganized Zion City on a substantial
basis
The San Francisco call., 1906-12-31
SHORTAGE OF CARS
HITS THE MILLS
SPECIAL DISPATCH TO THE CALL.


TACOMA, Dec 30.-Five hundred
shingle mills in Washington have been
shut down owing to the car shortage,
which is becoming more acute. Lum-
bermen assert the Hill railroad is now
furnishing only 80 per cent of the cars
needed by the mills. The Pacific Coast
Lumber Manufacturers Association
af1rms that orders for $4,000 carloads
of forest products have been lost to
Oregon and Washington this year
through the lack Of engines to move
the cars.
Manufacturers have been gathering
statistics and evidence for use in CO.
merce Commission A trainload of lufn-
sidetracks is declared not to have been
moved since September 2S- At the
same time lumbermen say that thou
sands of empty cars are now standing
on the side tracks here and at Seattle.
The shortage thus results chiefly from
a lack of locomotives.
The manufacturers named delegates
yesterday to represent the coast at the
convention to be held at Chicago next
week for the purpose of drafting a
NATIONAL reciprocal car demurrage bill
for submission to Congress.
Tacoma and Seattle are still suffer
ing from a shortage of coal and wood
and hay famine is close at hand. Rail
roads are bringing in cnly 5 per cent
of the usual supply and that on hand
will last Puget Sound only three
weeks.
The San Francisco call., 1906-12-31
S|GHTLESS SUITOR
WINS 4 BRIDE

sPEcIAL DIsPArcH 20 rHE AL.

PHILADELPHIA, Dec s0--Declar-
ing that her blind daughter was the
victim of some powerful influence
which was exercised over her by
sightless suitor, who induced her TO
elope to Camden. where they were
married. Mrs. John RObb will begin
proceedings at once to nave the mar
riage annulled-
The girl, who was Miss Rebecca
Robb. but who became the wife OF
Jesse Dodds, a blind musician, on De-
cember Is, is beautiful and cultured
and only 10 years of age. She said
today that her marriage to the sight
less musician was so strange that she
could not really explain. TT was all
a dream to me- said the girl. "anG
when I came to myself the morning
after the ceremony and was told that I
was a wife. could not understand it.
Then I wanted to come home to
mamma right away.
Mrs. Robb denied emphatically that
she had kidnapped her daughter away
from her husband The girl says that
she came home because she wanted to-
the husband declares that he will go
into court TO get his BRIDE
The San Francisco call., 1906-12-31
SENATOR CAFFERY DIES
Was Identified With Some Of Greatest
Movements Of South

WAS lOCUVluGO Win SOHnO VI UECatcSk
Movements Of South
NEW ORLEANS. Dec. s0.--Former
United States Senator Donelson L. Caf-
ferry died tonight. The body will be
taken to his home in Franklin, La, on
special train.
Senator Caffery's career was identi-
fed with some OF the greatest move
ments Of the South, both business and
political, and during the Civil War he
earned reputation for daring. In an
attempt to blow up Federal gunboats in
Atchafalaya Bay. Louisiana, he swain in
the bay IN the night. pushing ahead of
him with the aid OF q long pole spe-
cially manufactured torpedo. The tor
pedo failed to explode. Caffery swan
to shore without having been discov-
cred. He rose to the rank of first lieu
tenant and served as stan officer to
Major w. w. Walker.
Senator Caffery was one Of tho prin-
cipal upbuilders OF the Louisiana sugar
industry. being q leader In establishing 8
the modern system OF central sugar
houses.
He first came into political prom
inence as one of the trainers Of the
constitution in this State. In 1892 he
was appointed to the United States
Senate to fill the vacancy caused by
tho death of Senator Randall L. Glib
son, and was later elected by the Lou
isiana Legislature. His nomination for
the Vice Presidency by the gold DEM
ocrats in 1900 was the last event Of
Importance In his political career.