davidaulloa/AmericanStories huggingface dataset:
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
RECITAL LAST NIGHT WAS
ARTISTIC MUSICAL EVENT
Large and App ecative Crowd Aests to the Popularity
of the Various Ps rticpants. .-.-Was Best Affair of
Kind Ever Given By Local Talent.

with Mrs. Foster, the duet "The
Romance of Pierrote and Pier
rette," is an artist at the piano.
The two ladies played as though
the same spirit animated the
fingers of both, and the same
commentator given Mrs. Foster
in the handling of this beautiful
composition is due to Mrs. Black,
also.
Bemidji is indeed favored in
having such a singer as Prof. b..
r. Turner. He has a bass voice
of magnificent quality and re-
markable range. His perfect
mastery of the art of expression
and his beautiful Interpretation of
the spirit of a song make his
singing a delight to his hearers.
Mr., Turner never sang better
than last night. His first Sc
lection"The Courier of Moscow, !"
was never better rendered by
anyone in the hearing of those
present. He responded to an
encore with 1.-THE Gypsy Fortune
Teller. Later in the program,
Mr.. Turner sang 1.-The Bandol-
ero," as it never was sung in
Bemidji and was again brought
back with an encore. In his
selection "Rolling in Foaming
Billows," from Haydn's Orato-
rio, 1.-The Creation" he was ac-
companied by Mr.. Hall.Quest on
the pipe-organ, ard the power of
his wonderful voice was revealed
in this magnificent solo, superply
sung, which was a fitting climax
to an evening of rare enjoyment
for the audience.
1t is not too much to say that
so rare combination Of musical
talent is seldom found outside
our largest cities, and those
present at the recital will re-
mem Der it with pleasure for
many day.
The piano used was furnished
by courtesy of the Segerstrom
M usic Go. of Minneapolis, who
placed the piano in the church,
tuned it in pitch with the organ
and removed it when the recital
was over.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
Sunday School Institute.

A Sunday school institute will
be held in this city next week,
beginning Monday evening and
continuing Tuesday afternoon
and evening. The session on
Monday evening will be held in
the Baptist church, and those OF
Tuesday afternoon and evening
will take place in the Methodist
church.
In addition to the local Sunday
school workers, there will be
present Mr.. J. H. Irish, a promi.
nent attorney of Detroit, Mimi,
who IS one of the strongest work
ers in the state, and who will
assist in making the institute a
pleasant and profitable one.
A general Invitation is ex
tended the public to attend the
institute.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
Much Interest Shown.

Rev. Father -O'Dwyer has re-
turned from a trip to Blackduck,
Northome and Kelliher, where be
went to consult With the local
Catholic congre cations of those
places
At Blackduck and Northome.
new church buildings have been
completed, and Father O'Dwyer
reorganized the societies at both
places. He is much pleased with
the outlook.
This was Father O'Dwyer's s
first visit to Kelliher. He met
with a very encouraging recep
tion there, and believes that the
small congregation with which
the parish will start will be
greatly strengthened from the
beginning.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
TIME TO GET BUSY ON A
BASEBALL TEAM FOR 'O7
Prospects Are Good for Successful Season. n--.Wlh
Good Team; nd Loyal Bunch of Fans Bemidii
Will Be Ready for Season.

AS the days pass by, and the
"kids' of the city are engaged in
the strenuous pastime of
'knuckle down for keeps" the
baseball fan is beginning to feel
his oats, and he longs for the
song of the umpire to be again
heard in the land along with the
robin and other harbingers Of
the gladstone sprlngtime.
Several Of the baseball enthu-
siasts of the city have been talk
ing of the prospects of Bemioj il
for the ensuing year, and have
been holding flaming bees" for
some time past. The indications
are that this city can put
strong team into the field for
1907-fully as strong as that of
last year. .--ss.
Last season, the team which
represented this city was the
only semi-professional organiza-
tion in this part of the state that
defeated the strong Hibbing
champions, and all games be-
tween the two teams were battles
royal, with luck on the side of
the range town team.
The local management was
considerably handicapped, at
the beginning of the season, last
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

County of Beltrami 18th Judicial District.
WADE WELKER, Plaintiff,
CITY OF BEMIDJI, Defendant.
The above entitled cause came
on for hearing upon the motion
of the defendant, "that judgment
be entered in favor of the de-
fendant Notwithstanding the YER
dict" and, in the event such
motion were denied, then, on
motion of the defendant, for a
new trial." P. j. Russell. Esq. :,
appearing for the defendant, and
&. E. Mcdonald, Esq, appearing
for the plaintiff.
Now, after hearing the argu-
ments of counsel and examining
carefully the record in said
cause, and the court being ad-
vised in the premises;
It is ordered, That the said
motion of the defendant for the
entry of Judgment herein in it's
favor Notwithstanding the ver-
dict be and the same, hereby, is
denied; and
Second, That the motion of the
defendant for a new trial herein
be and the same, hereby is,
granted.
Dated February 23rd, 1907.
M. A. Spooner,
District Judge.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
With the ten candidates who

With the ten candidates who
were initiated Thursday night,
the lodge now has mem ber-
ship Of ffty-on active, wide.
awake Elks, and there are thirty
applications for mem bership that
are before the lodge for consider
alton. A conservative estimate
places the mem bership at $50
within the next twelve months.
The Elks are already agitating
an enterprise that would be of
much benefit to the city as we'll
as the order. 1t is proposed that
the "bunch" erect a frst-class
building which shall be used as
lodge hall and opera house, com
bined. Such a building is much
needed in this city: as the
present city hall, which is used
for an opera house, is not as
good a play house as city of
5000 inhabitants (which Bemidji
possesses) should have.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

The pipe organ-piano voice re-
cl5al at the Presbyterian church
last night was magnificent sue
cess, in every way. There was a
large attendance, and the hearty
applause showed appreciation of
a program of rare merit.
Musicians and lovers Of music
who we're present are unanimous
in pronounclng the affair the
most brilliant musical recital
ever given in Bemidji.
Mrs. A. A. Warheld opened
the program with selection on
the pipe. organ, "Otfertoire in +, "
by Lefebere Wely, which she
handled in mastery way merit
ing the applause she received,
Mrs. Wardeld's playing as
church organist is always pleas
ing, but last night was especially
fine.
Rev. Alfred L. Hall-Quest sus
tanned his enviable reputation as
the foremost pipe organist in the
northwest, and was encored after
each number. He played one Sc
lection of his own composition
which was exceptionally we'll
received, while his handling of
the organ in the duet from
Faust, played with Mrs. Foster
at the piano, was above criticism.
Mr.. Hall. Quest plays with a
delicacy of touch and depth Of
feeling that reveal the true
musical artist.
Mrs. r. B. Foster gave a most
finished performance on the
piano. In "The Romance Of
Pierrote and Pierrette" she dis
played a delightful sense of in
terpretation, and a brilliant as
we'll as velvety touch. If empha-
sis should be placed anywhere,
special mention needs to be made
of Mrs. Fosters accompaniments
to Mr.. Turner'S solos, wherein
she revealed the time artist and
painstaking supporter of the
soloist. Similar comment can
be made of her performance in
the selection from Faust.
Mrs. Ike Black who played,
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
KILLED IN ROSS & ROSS
CAMP NEAR KELLIHER
Limb of Tree Falls on William Thomp-
+ son, Who Is Crushed To
g Death.

Kelliher, Feb. 2.-(Special to
the Pioneer. William Thompson
a Finlander employed in logg.
ing camp operated by the firm
of Ross & Ross, three miles from
this village, was hit by a limb of
a falling tree, yesterday, and in
stantly killed. ~
Thompson was working in Ross
& Ross 5 camp No. 4. He was
watching a tree that had been
sawed, and evidently did not see
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

year, by being compelled to play
on thediamond at the fair grounds
about a mile from town. About
the middle of last season, new
grounds were provided, more in
the center of the city, and added
interest was at once manifested
in the game, with tie result that
the attendance was more flatter-
ing and the management was
more encouraged.
At the present time, there are
several new clans" in the city,
and much more interest will be
taken in the game this year.
Among these is r. S. Lycan,
who is ':fan" of the thirty. third
degree. Mr.. Lycan is an old
player, having been second base
man on the Grand Forks team,
along in 1883 80, and he was also
manager of the s'Fork" cham
pion, but does not play now.
However, he can be depended
upon to assist the local "boos-
ters" in giving some good ball.
A meeJlng of those interested
in baseball, will be held at the
Markham hotel next Tuesday
evening, at $50 o'clock, when
the situation will be gone over
some preliminary steps taken
towards organization.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
MEMO.

MEMO.
In this action, the plaintiff
sought to recover damages for a
broken leg, resulting from the
alleged negligence of the defend,
ant and it's officers. The jury, by
it's verdict, awarded damages to
the plaintiff in the sum of one
thousand ($1,00O dollars.
Among other things, the court
charged the jury, at the request
of the plaintiff: "If you find that
the plaintiff is entitled to recover
in this case, then, in arriving at
the amount Of plaintiffs damage,
you may consider whether or not
the plaintiff has fully recovered
at this time, and, if you find that
he has not fully recovered, you
may allow him compensation for
future disability and suffering
resulting from such injury as
part of his DAMAGE This in
struction was given in addition
to the following quotation from
the general charge: "In deter
mining the amount of damages,
you have right to find such an
amount as, from the evidence,
will compensate him for the per-
sonal injury he has received, for
his loss of time, and for the pain
and suffering undergone by him,
and any permanent injury, if any
such has been proven. Under
the circumstances, this was
prejudicial error, on account of
which a new trial must be
granted.
A most careful search and re-
view of the record fails to dis
close the existence of any proper
or legal evidence authorizing the
consideration by the jury of the
element of permanent disability
or injury. The only testimony in
the record possibly suggestive Of
future disability is the testimony
of the plaintiff when he states:
"It (the leg) swells at times yet,
if I have a hard days work and
have to be on my feet" (Record,
page 37.) 20. What is the effect
if you have to stand on your feet
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

one portion that ives falling dir
ectly in mis- path. The large
limb hit him fairly on the head,
with the result that he was
crushed to the ground.
He died ms family, and his body
was taken to Kelliher. J. P.
Lahr of Bemidii was called to
Kelliher and prepared the body
for burial. The funeral was
held this afternoon aud the re-
mains were inferred in the local
burial ground.
It was claimed that Thompson
had sister living in Hibbing.
He had been here but a week
and not much was known con-
cerning him or his relatives. All
efforts to locate the sister were
.unavailing, and no word was re-
'ceived from anyone else concern
ing Thompson.
Additional local matter will be found
on fourth page.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
NEW TRIAL is GRANTED IN
THE WELKER DAMAGE SUIT
Wade Weker Sustained Broken Leg and Sued the City of
BemidU for $4,000 Damages. Verdict of $1,000 Dam
ages Awarded Welker. ..-Appcation Made for
New Trial. l.--Decision Granting New
Trial Filed Today.

all day now, or walk considerably
upon your limb? A. I am lame"
20. Have any pain attend
ing the lameness? A. Yes, sir. -
%. Is there any tenderness
there? A. Yes, sir, there has
been a tenderness in ny ankle
and in the cords of my leg ever
since it was broken (Record,
page 38.
%. Then, you don't agree
with your Doctor when he says
your leg IS perfectly sound and
as good as ever? A. No, sir, I
don't, if that is the case. "
(Record, page 43
On the other hand, Doctor
Smith, the plaintiffs physician,
who gives the only medical testi-
mony in the case, testifes:
90. In what condition was
the limb in at those times? A.
Well, there was some swelling
about the foot, and ankle, ana
lower limb; it gradually disap-
peared up to I the | last time ) I saw
him. 4
Well, there was, perhaps-there
was slight bending, yes-what
I mean was, a Slight departure
from normal; about what you
would get in any fracture. -
(Record pages 22 and 23.)
Pc %. The recovery and union
took an entirely normal course?
.. A. Yes, sir.
O.. You got excellent results?
A. [ considered so.
@. Did you ever. see a better
union than this? A. A to ulti-
mate results, I don 't-yoa mean
as regards the fracture, as to the
function, I say no, I have seen
them where perhaps they united
with perhaps deformity, with less
departure from the normal prob
ably.
O.. Is the function of this leg
at the present time impaired by
the break? A. Do I understand
you to mean just as far as the
break is concerned?
O. Yes? A. I should say
no." (Record, pages % and "a }
90. And, in the setting and
union that curve was slightly re-
duced? A. The curve now is
somewhat anterior; I should say
yes, perhaps slightly reduced,
yes.
@. I don't know what you
mean by "somewha5 ANTERIOR"
please explain that? A. I think,
perhaps, there is a slight promi-
nence at the site of the fracture,
perhaps a little more prominent
than normal, perhaps attributed
to the callous.
c.. That does not in any way
interfere with the function of the
leg?
A.: No.
@. It would possibly interfere
with the beauty of his legs if he
was ballet dancer? A. That
is all; 1 don't know that it would
be perceptible then.'' (Record,
page 25.)
The jury should not be per-
mitted to take into consideration
elements of damage which are
contingent or speculative. The
correct rule, as applied to such
cases is; that one can recover
only for such future conse.
quences as are shown to rea-
sonable certainty will result from
the injury. "In order to justify
the assessment Of damages for
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

future or permanent disability,
it must appear that a continued
or permanent disability is rea-
sonably certain to result from
the injury complained off,
Ohio. ETC.. R. Co. v. Cosby. 10Y Ind. 32.
Cleveland. etc. r. Co. Y. Newell, 1O4 Ind.
Elkhart v. Ritter, 66 Ind 1856.
Chicago, etc. r. 90. v. Kennedy, 2 Kan.
App. 693. f..
Groundwater v. Washington. 80 Wis. 56.
White v. Milwaukee City r. Co. I'll Wis. 536.
In the latter decision it is
stated: 'The testimony of the
plaintiff and some of her wit
nesses tends to show that at the
time of the trial she had not re-
covered from the effects of the
injury; that her limb was not
then in a normal condition, and
that the effect of such injuries
would or might be permanent" !"
On this testimony, the jury re-
turned a verdict, as follows:
"Temporary injury to the right
leg, which may prove perma-
nent." On appeal, the order
denying new trial was reversed
by the Supreme Court, which, in
it's opinion states the law to be,
as follows: ''To justify the jury
in assessing damages for future
or permanent disa Dility. it must
appear by the proofs that contin:
ued or permanent disability is
reasonably certain to result from
the injury complained Of. 1t is
fair to assume that the jury pred,
icated their assessment of dam
ages, in part, upon the possibility
Of permanent injury" In the
case last cited, the testimony
relative to permanent injury was
much stronger than in the case
at oar, and yet, the Supreme
Court held there was not sufd-
cient evidence to go to the jury
of permanent disability.
The same rule obtains in this
State: Gin a personal injury ac-
tion the plaintiff is entitled to re-
cover damages for all of the
direct consequences of his injur-
les, future as we'll as past; but
he can recover only for such
future consequences as are
shown to a reasonable certainty
will result from his injuries."
Olson v: g.. a; & St. P. r: R.. 1os NV. 44e.
Mcbride v. R. Co.. II Minn.. 2el.
In the case at bar, the jury
might have awarded some por-
tion of its verdict of one thous-
and 10000 dollars on account of
supposed permanent injury.
To have done so, without any
legally sufficient testimony show
ing that permanent disability
was reasonably certain to result,
would constitute error. What
proportion of the thousand dol
lars was or may have been so
allowed, of course, is not sus-
ceptible of ascer tain ment. cit
is prejudicial error for the court
to submit case to the jury upon
a point upon which there is no
evidence"
Van Doran v. Wright, IS Mimi. go
Rugland v. Tollefson. SO Mimi. 267. ...
Mailand v. Mailand, SO Mnn., 453.
It will thus be seen, that, be.
cause there is not that degree of
proof in this case which can be
said to warrant reasonable GER
tainty of permanent disability it
was error to submit to the con-
sideration of the jury the ques.
tion of permanent injury, and,
therefore, a new trial must be
ordered.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
LOCAL ELK LODGE IN A
PROSPEROUS CONDITION
Ten New Candidates Initiated---A New
Lodge Hall and Opera House
Contemplated.

Bemidji EIks were strength
ened Thursday night by the ini-
tiation Of ten new candidates into
the mysteries of the order, the
occasion being taken advantage
of to hold a social session and ex-
emplify to the newly created
members what cons stitutes a good
fellow.
The following s'fawns" consti-
tuted the class which was put
through by the local degree
team: Thayer G. Bailey, David
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

the evening the subject will be
"Jesus in the House of Simon. :"
Sunday school at 1910; and
Young Peoples meeting at 7 p.
m. Preaching at II a. 10. and 8
p. m. Come if you can.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

F. Phillips, W. A. Currie, Martin
Linden, J. 0 Harris, of Bemidji;
W. H. Squiers, A. NJ. O'Kelliher,
Charles Carter, Blackduck;
George Collard, Park Rapids
The ''goat'' was in good working
order, and the excellent qualities
of the Elk teachings were exem.
plified to the entire satisfaction
of the candidates.
After the initiation, there was
a social session, at which there
was much repartee and "jolly-
ing" and a general good time.
Coffee and sandwiches were
served, and it was with regret
that the crowd terminated the
meeting at 3 a. m.
Bemidji Lodge, No. 1862, B. p.
O. b., IS in very healthy con-
dition, and although the "baby"
lodge, promises to equal if not
surpass in strength any lodge in
the north half Of the state.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23
DO|NGS IN THE VARIOUS
CHURCHES OF THE CITY
Hours OF Worship and Subjects OF Ser
mons to Be Delivered in the
City Tomorrow.

St. Phillips Catholic church,
Early mass, $50 a. M; high
mass and sermon, 1870. Sab
bath school 2 p. m. Rev. Father
ODwyer.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

Methodist.-Mr. Peart will dis
cuss at II o'clock tomorrow
morning, Paul's "Thorn 10 the
Flesh," and in the evening will
deliver his fourth sermon on
marriage, the subject being
"John's Wife" 1t is a good
sign when people are attracted
to church by the discussion of
vital themes. Mr.. Peart Is
pleased at the large hearing his
discourses have had, and it is a
most gratifying thing when
sermons alone attract public at
tention and induce people to at
tend church. Miss Ida Brown
will sing "Jerusalem" and Mr..
Adds "Face to Face" in the
evening.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

Presbyterian.-Morning wor-
ship at II. Subject, "The Living
Redeemer." Sunday school and
Bible class 1915. Jr. g. 3. 3 o.
M. Sr. G. E at Z p m. In the
evening at 8 o'clock the pastor
will preach a chemically illus
trated sermon. Prof. Turner
will sing at these services. The
public is cordially invited to
worship with US.
Baptist.-The subject on Sun
day morning will be ''How Is
Your House Furnished?" In
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

Additional local matter will be found
on fourth page.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-02-23

STATE OF MINNESOTA District Court.
County of Beltrami { 18th Judicial District.
WADE WELKER, Plaintiff,
VS..
CITY OF REMTDJT Defendant
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-04-25
Fishing Season On.

The fishing season opened in this
State April 10, but the cold weather
of the last few days has been holding
the sportsmen from the pursuit of
their favorite pastime. However, this
week there promises to be an exodus
of fishermen to the haunts of the fin
ny tribe, as it has been reported that
there is plenty of fish. There is a
host of men in this State who would
rather take pole and hunt a good
spot" than anything else in the world.
But they have been waiting.
Reports from the northern lakes
say there is lots of fish and that the
followers OF the game are only wait
ing for fair weather before they start
out in force.
Fishing in Indiana is not what II
used TO be, according to the older in
nabitants and the younger men, too
However, there are still fish to be
caught and when the weather man
loosens up a little there will be a
general still hunt for the places
where the hnny tribe sport them.
selves.
The game and fish laws within the
last few years have done much tc
preserve the sport and with the ad
dition of the Governments aid ir
supplying the streams with game fsl
the local lovers of art believe thai
there will be something doing for the
true followers of Izaak Walton.
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-04-25
Falls Heir to Valuable Land.

J.. E. Marshall returned Tuesday
evening from Connorsville, Ind
While there Mr. Marshall gathered
several relics which he prizes very
highly, among them being a saddle
bag which was used by his great
grandfather about the time of the
war of 1912. The principal object
of his visit, however, was to investi-
gate some land which he has fallen
heir to and on which was found in
large quantities a mineral from which
red lead is made. Experts from the
red lead mines of New Jersey were
in Connorsville this week Investigate
ing the mineral and they pronounced
it the purest that can be found. Plans
are already being made for the cree
ton of factory where the metal will
be put through process of cleaning
The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-04-25
Milford In Bad Way.

Milfords four saloons do a land
offic. business and fill the streets
with staggering men, the Warsaw
Union claims 1t is asserted also that
the local authorities are rendered
powerless to act by the threat that
should a certain one of the town Of
hcers make the attempt to take them
into custody, they would file informa-
ton against him for recent alleged
drunkenness in Syracuse, while he.
was over in that town serving papers
in a law suit Citizens are threaten
ing to take the matter in their own
hands and file afidavits in Warsaw
against all offenders and have them
prosecuted outside of Milford.