davidaulloa/AmericanStories huggingface dataset:
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
perbaftete Charles u. Wtpper, B

berbaftete Charles q. Wuber, Der
Brdfioent Der .@efteru federation
Of Winers". 8eioe beitritter auf'8
@ntibieoenite Die Gi@tieteit aller
Iusiaaen Orharo's, ourh melbe Iie
beihuloiat meroen. i'm gu 8erbre'
den anQeittftet al baden unb ertl6r'
ten lire 8erbinoungen nit ibn1 uno
Die ueri@ieoeneu @elbienbunaen, bic
fte an i'm aernabt baben. in ber ein'
fahiten unb .atirlihften Meiie. Cine
6auptrole ipielte Der utnitanb. oaB
ite auerit Nbnotate1 fir Ordaro en-.
aaaiert hatten, a[s oiefer nod Der
grmDrourQ Steuuenbero's nerbaftet
pprben mar. Nber aud bteler l1rt-
ftano erihien in Der Grtldruna Wou'
er's niht uerfanelid; Drharo oe'
b6rte eben oau1als our Jeoeratiun
uno bic Federation pheate fir lire
0titelieoer Gerteioiger gu fteaen.
Gin intereifanter Beuee mar AUDI
Der 6err Bradley aus San sFrancts'
CO. in oeiien 6auie eine grplDiton
ftattfano, Die Srharo aud oerurlaht
haben min. Nab Braolep's unb
Gnoerer Nussager lit es aber niel
tuabriheinliber. baB bic grploitun
6urh Sac berbeigefibrt lift. -
Wabor Shmib uDn Sun Sranciscu
lit gu flint Sabreu Buhtbaus uerur'
teilt uno n~urldufi9 lit ibt1 nod teine
NppeQotiDn auaeitanoeu. Demn6ht
iDnen 6anoels' uno Nrbeiter . Berei.
niaungen ber Staot ~suiammertDtt.
men un0 einen neuen WabDr m6b.
len. Weit benz gum iteqpertretenben
Wtabur ernannten Rabnarat 8urtun
bat Die SuperntiDren : 8ebDroe tein
Slid 9ebabt. Der 6err iheint eben'
10 niel Dred am Steden su baber
mie @hmib.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
300 @elpnnuna,

Sie Neler 0ieler Bettnn9 lper6eu I'D freuen 5l En-
fobren, oaB es tueniefens cine gefir9tete Rrantbeii
giebt, pel4s bic Difeni4aft in az, ibren Stnfen ,i
beiien i'm Stanoe TT; pairs Ratarrb=Rar 1T bic ein=
siee lest Der dr5tli9eu Brioeri@aft betannte poftins
belt cine eonfitutionele 8ebanblung. 6al's Ras
tarrb.Rur miro tnnsrli@ eenommen uno tpirtt oirett
auf sas 8lut unb os i&letmigen DberHdhen oes
Spaems, oaour& bic @runOlase Der Rrantbeit ser-
Fbrenb unb benz pattenten Rraft eebeno, inoera fe
bic Contribution ees R0rpers al5baut uno Der gatur
pel gertrauen gu ibren 9eilfrdtfen, baB lie Elm buns
bert Dollars 8elobnune for leben Sal ~anbieten,
ben fe 1n tartren berfeblt. 2aBt Gu6 cine Site bon
Seueuifen temmen. Man ~abreiirs:
3. 3. @benen II. Co., Gieentb., Soleoo, o.
9erfauft BON allen Gpotbetern, yreis Is @ents.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
Die pielertp6bute Nnoeleoenbe

Wv u"tStCLUuUutS N"uBeltHeItueIi
oes De. Rari Yeters beid3dftiat Die
allaemeine Gufmertiamteit nod i'm.
tler in b0bem MaBe. Niht eerinae
Beoeutuna miro Der Tatiate beige.
leat, baB Der &ailer bic Gtten oea
Gaaes Tetere ein9efDrbert bat. 8ie
aus Wtinhen gemeloet uiro. baben
iom0bl Dr. &arl Beters ala &ldeer
mie Neoofteur @ruber BON Der Wiin'
bener Boft oils Gnaetlaater oegen
bas urteil in benz itnaft oerbanoel'
ten ienfationeuen BrDseB nppeQiert
@S nerlautet, bah Der Shrlftitenet
Or. @ieiebreht, melber als oer an.
gebIide Sdliher oes Tuder.B riefea
norlbaft gemaht lit, auf Soften oea
Or. Beters aus Den Ser. Staater
nah 9eutihlano surtidtebreu miro.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
@pan TIT es nbtta7l

Web, Shmer5en, Brand. uno
Shnittmunben. 8errentunaen nno
anoere dbnlibe Beihmeroen meroen
gew6hnlih aueenblidlih geboben,
iebr hdufia iUfDrt aebeilt ourh cine
einaiee Inmenouua oes unnergleih.
Iihen Wtttels 6unt'a 2iabtnina Oil.
4eioet nibt. S@iebt es nidt auF.
@0au iitIeelnDtia?
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
Der lWerfmds TT tpertsOu.

Simon's 2eber : &einiaer ift oas
uertODate 6eilmittel. oas i'd aegers
8eritopfune uno u~nreaelmdBiafeit
Der TunttiUn oer Qeber anmanote.
@r uerridtet feline Nrbeit griinolih,
0bne aber 10 ansuareifen, ME bic
meiiten 6bnlihen Weoisinen ee tur.
SD empfeble i'm fiber nit Bereit.
w~ilIiateit, no immer2sfih bic @ele.
oenheit bietet.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
lGtn etufad,eSgWitteI.

Benn es guh an Nppetit ntauaett.
es an @nereie feblt uuo olIes anoere
niht in Oronuna lit. 10 nehmt etruas
elm uno Snnr iDfort. Simmpns Sur.
iapariGa 1T Der &6nie Der Comic.
Sc uerihafft @uh eineil unbesoblba.
rem Mppetit. Beriubt e8 uno Sbr
oeb6rt mieoer au ben 2adenben.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16

q c NJ d c.

RartoHeln, @eue ~. w u. So. Is per
gentner.
8tuiebeln. Reue 9eras Bermuda S.. 90.
unb $3.50.
gOmaten, Eeras rs Gents per 4 aorb.
Crate.
8orrotten. IS Cts. per Suseub Banbel
&DbI, $3.50 per 100 Bfb.
Bohnen, Neue TeTas $500 per Bulb;
Bobnen, Wa6S, $l.00 Cts. per Rite.
8feffer, so Cts. per BuiH.
Sqmaib, n Gulhel.&ite 80 Cts.
0tra. 80 gts. un6 $1.00 Der II Bn.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
GtM feltiames tsrefanis.

Gmus S. Sing, iopie aara Burt
8bron. N. y. beseugt: n8udlens
Arntca Sable beilte Die 8unoe an
meinem 8etn. an Der i1 iiber 80
Sabre litt, ih bin iebt IS Sabre oft.
@arontiert. 8u baben bel %. DreiB
uuo R. @pbn & 60.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
s dufe.
. o n N N olle.

Gan 3mtontr, 9ex., IOs SuiI.
Oroinarb IN Gents; @oDo Drbinars
"a gents: Com WibbIine 1OL gts..
Weiooling 12.I Gents; @DDh Mioolime
12.X gts.; Riobling 5air 13.I Sta.
8al1eftnn. 9eEy 10: Suli.-Droinars
81 gts.; gD0b Dr6inarg 10 II gts.;
Yom MtbbIina I1.% cts; Wib6line
l3.I cts; @D0b MtobIine 13.T gts.s
Ufibbline Snir Ia. u Gents.
&efD Crlenu8, 3a., 10. Suli.
@oD6 Srbinnrb 10 7Il6 gts.; 9otu Wibb.
line liz Cts; @t6blins Is n Cts;
@ooc MiobIine l3,T gts.; Wibblina
Tair AK Gents
8anmwOIia1nen NIB Oe6enYroOntte.
Brtma BaumuDuiamen . RebI. per
T0nne $25.
8aumtp1Hiamen . Del, rob, 43 Cts.
Brtnla BaumpOuinmen . Ruthen, Der
goWne $3.50.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16

Tiad's S Gents oauana i. giaarre.
Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1907-07-16
Bericbt.
con Mntonin. 10. 81
Nieb $ MART.

San NntDnio. 10. SuIi 1907.
Odien $3.50 bis 1925 per 100 8fb.
Rihe $1.75 Bis $2.75.
Nulen nno nStags", SI.L0 bis 1925.
Sdbrlinge $500 Bis 1925
Ralber 3d. 5 big 1926.
Smafe $500 bis 1915
Sieeen 1925 Bis $3.50.
Sbneine $3.50 Bis $3.50.
ct. &Duts, 10. Suli. - Rim buteh.
Nattnes So rs Bic $685.. Eera8 . Bieb
$3.50 Bis 1915.
Shmeine $50 Bis $3.50.
2onig, per gfh...........9-10Z. CITE,
Sale ........
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
DEMANDS JAIL
Sentence FOR
editor HARDEN

Berlin. Dec. si.--Thc hearing OF the
Harden-von Moltke libel suit was resumed
here today Al the opening OF the session
the Judge questioned Count Kuneo Won
Moltke as 10 whether he had resigned
from tho army as result of the articles
published by Harden in Die zuknnft The
count responded empnaticslly in the ar
frmative.
The state attorney, DIR. Isenbiel then
opened the pleadings and demanded the
imposition OF a sentence Of four months
imprisonment against Harden lie de-
cared that Harden had assumed that
there existed near the person OF the en-
peror a group OF men whose influence was
detrimental 10 the interests Of the father
land. and which he felt himself called
upon 10 disperse. Among the members OF
this group were Prince Philip Zu Euen-
burg and Kuneo Won Motkc. Harden at
tackled those two men and founding his
accusations upon the mere word OF hys-
terical woman. Mrs. Won Elbc. and upon
statements made by her mother. Mrs. ven
Heyden. who was quite untrustworthy. he
declared them. 20 be possessed OF abnor-
nal tendencies
Continuing, Dr. Isenblol said "Count
Won Moltke. who has been covered with
flfh by Harden, leaves this court COM
pletely cleared he Is without stain, a
noble man from head 10 foot. Prince Zu
Eulenburg is equally yindicatcd.
~ do not know what the emperor said
20 Count Son Moltke, but he probably
told him: Go. Won Moltkc, and clear
yourself: stamp ON this poisonous
snake
r,r Ioenhfei refc,-rinr. "a Hardcn's mo-
fives. said he believed his articles had
been actuated as always by purely polti-
cal purposes. hut in this instance he had
5njured the fathorland and he therefore
merited punishment. Like Icarus, lie had
burnt his seIfmade wings and fallen into
a sea of lies.
In conclusion the state attorney said
that he had received a letter threatening
him with death II tho verdict Of the court
was unfavorable 10 harden. He felt
obliged TO call attention 10 this letter, but
he laughed at this threat
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Bishop. who has been pastor of South
Congregational church at Concord. N
H.. has accepted a call TO tho Second
Congregational church. Oak Park. DR.
Bishop was at one time instructor OF
chemistry and physics in Whitman coll
lege. Walla Walla, wash.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
ANOTHER FALLS
WITH SERIOUS
PISTOL WOUND

Fortunate Locifo was severely shot In
the abdomen last night in the Federal
IIil Italian colony. and his alleged as
sailant, Pasquale Tripove. escaped.
< The two were roomers In the house kept
by Francisco Bellatlni. and from an early
hour In the evening until after midnight
they. with two others were seated talk
ing I'm the kitchen. The other men say
they were all joking back and forth.
without any apparent reason. Tripove
suddenly rose from his chair. which was
near the door and after part OF the
conversation had been finished, suddenly
drew a revolver and shot Locifa
Al the shot John Williams and Guiesip-
pi Fusino. rushed upon him and held his
hands one took the weapon away and
nut In on the table. but while that was
being done. Tripove broke away and ran
out.
station. telephoned Lieut.. Tooie. who with
Patrolmen McCaffreN O'Connor and Cof-
Zee. went 60 the house. They searched
the house and the nearby places and al
1eys. but without avail
sTripove was practically stranger to
the place, having been there but three
weeks. and Is said not TO have had any
other acuuaintances In the city. He has
one brother who lives on a farm OUTSIDE
the city limits. The city police stations
were notified of the. shooting. and a de-
ocription OF the man that was possible to
get was furnished.
Tripove Is but rs years old, and Is said
20 have come from Frceport n. y
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

were all but swamped roday with applica-
tions for marriage licenses.
Last year between 10000 and $4,000
marriages took place In Manhattan alone
The fee prescribed by law for the now
marriage license Is 81, but the city clerk,
having taken advice from the corpora
tion counsel OF the city. has been in
formed that 81 Is good only for a license
to be married either by civil or religious
process. In case any couple desires to
have both ceremonies performed they
must give up an extra dollar for the
privilege. No person can be married
twice for one license
When the marriages that may be looked
for to take place In all the other boroughs
are taken into account IL seems probable
that the cty's income from this source
during 1908 Will amount to something
like 100000.
Nearly 200 couples obtained licenses at
the city hall today In the middle OF
the day the rush was so great that Clerk
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
LOVER
KILLED WOMAN
AND HIMSELF

Paterson. n. j.. Dee. 3l.--In a fit OF
jealous rage. Charles Bennett. baker,
shot and killed Jennie M Cappa. hand
some Italian woman. % years OF age. and
then killed himself last night. Although
married. Bennett had for some time been
attentive TO Miss Cappa.
She boarded with Mr.. and Mrs Blan-
chard, and Bennett frequently called on
her Blanchard knowing that Bennett
was married. would not allow him to enter
his home and II was Benefits habit to
stand in the hallway and whistle as a
signal 10 Miss Cappa to come down stairs.
lie did this last night and Miss Cappa
answered and met him.
A young Italian had recently been at
tentive 10 Miss Cappa and Bennett was
jealous. In an angry talk with her in the
hall last night he demanded that she give
up her new admirer and when she refused
he shot her in the head and then shot
himself falling across her body. Both
were instantly killed.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Sculy had to send for a policeman TO
keep the applicants lined up.
SO great was the rush before the hour
OF noon that the City Hall Reporters as
sociation thought 1t proper TO expend
Sl54 for sending the following Telegram
TO President Roosevelt.
Law requiring license to marry in this
state goes into effect jan /. One hum
dred and thirty-five couples bought IL
censes in city hall before II o'clock to-
day. one hundred and thirty three
couples promised reporters that, they
would name their first boy Theodore
Roosevelt The 30-odd newspaper men at
the city hall beg to advise you that there
Is no prospect OF immediate race suicide
in your native city"
Up 10 a late hour no answer had been
received from tho White House.
Many applicants for licenses plan to
start the New Year by getting married
on that day. Probably majority of
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Augusta. Me-. Dec. 3f-Liquors val
ued at sil0.S77 were sold TO the is
agencies I'm Maine the past year. ac-
cording to the annual report of State
Liquor Commissioner Justin NJ. Leavitt Of
Kennebunkport, filed today. The largest
business was done at the Lewiston agen-
cy with Portland second.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

them came from the east SHE. fsdor
Levin Of PA Madison street and BERTHA
Peters OF 1853 Madison street got the first
license OF the day.
Several couples who came in wanted 10
get spliced right away.
Over in the Brooklyn borough hall the
rush was SO great that the clerks took
to giving blank affidavts TO applicants
to take away and fill out the license to
be Issued later. on presentation of the
afiidavits. This did not please a little
Irishman who applied for license.
Il lost one day already from my job,
he growled. as he got his instructions.
II can't afford to lose another one by all
this foollshncss.'
City Clerk Seully says that the work
Of the new license bureau viii take up so
much of the time OF his clerks that he
won't be able TO carry on the other work
OF his Office properly II he does not get
more help.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Shirley. Mass. Dec. 3l.-The postoffice
I'm this town was entered by burglars
some time during the night. and the safe
was blown open by dynamite and rifled
OF all the stamps and money II contained
IL is estimated that the break netted the
thivcs about 500. They escaped without
leaving any clue.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
BURNS W|FE's
CLOTHES To
KEEP HER HOME

Waterbury. Conn. Dec 31.--James
Garthwaite, who lives IN Waterville.
adopted heroic mea asures Saturday night
to prevent his wife from indulging I'm her
regular work and shopping. He burned
all her clothes, because he said. he was
so discouraged he was desperate. In the
city court yesterday Mr.. Garthwaite ex-
pressed repentance, but not at his own
bad deeds.
II was just after supper that he dis
covered his wife In her hat and cloak.
He demanded where she was going.
Shopping" Mrs. Garthwaite replied
This gave Garthwaite a shock. ''You
talk like Mrs. Rockefeller" he cried;
you stay home"
II won't" said Mrs. Garthwaite Il
owe IL to you to look respectable at
church tomorrow.
''Cburch be id" yelled Garthwaite
He jumped up. fell over the cat. swore
some more sent the animal flying i'm the
air. Then he took his wife in his arms
and removed her hat and stuffed IL into
the fire. He then removed her cloak with
such other portions OF her clothing as he
could quickly remove and sent them after
the hat Rushing to her room he gathered
up all her remaining garments. for which
he found resting place in the furnace
"Since we've got to go to the poorhouse
anyway think Wen look nicer going In
our nghties." said Garthwaite.
Mrs. Garthwaite got the family purse.
said she was going shopping anyway and
ran TO a neighbors house across the street
to borrow some clothes AS she was COM
ing out Garthwaite says he was overcome
and knocked her down.
He was fined 81 and costs. That's
saving" he said; "in these panicky times
every little bit helps
Garthwaite says he wonders how Solo
mon managed on payday.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Bath. Nc. Dec. 3l.-A recapitulatlon of
shipbuilding In Bath district for the year
closing today shows there were construct
ed four schooners, one steamer (Camdenl,
one yacht. five barges and eight schoon-
crs, tho gross tonnage being 13.5S5 "a tons
All except n. small schooner were built
I'm this city.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Chicago. Dec. 1-Establishment of free
in all the churches OF Chi
cago until such time as the public schools
can take up this branch OF education was
suggested last night by Dr. Frank w.
Gunsalus. president of the Armour Insti.
tute OF Technology, and pastor of the
Central church. In an address at the
Mons club OF the Peoples Liberal church
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
YOUNG CREWS
IN EVANS FLEET

Washington. Dec 3i.--A number OF
ships OF Admiral Evans fleet are no
table for the youthful appearance OF
the members OF the crews IL is nm
derstood that the average age OF the
enlisted men on the Kentucky is only
23 years. The ships carried an excess
or enlisted men I'm the compliments
and were able TO do this by drawing on
the naval training station at Newport
from which 5000 men were taken dur
ing the past four months, most OF whom
unfortunately have received very little
them.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
new YORk'S GRETNA GREEN
Is ITO END TOMORROW
New Marriage Law Will Go Into
Effect Jan. MANY Licenses
Issued Ahead Of Time.

After the first OF the year New York
will no longer be haven for elopers.
The marriage license law goes into effect
on Jan. l. So that weddings could DO
performed on New Years day. licenses
were issued ahead OF time. The accom-
panying photos are o. the marriage IL
ccnse clerk (middle) and OF the first two
couples to take out licenses under the
new law.
City Clerk scully and his force OF clerks
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
TELEGRAPH TICKS

Nashua. ". III. Dec beginnings next
Sunday morning the plants of the Nashua
manufacturing and Jackson companies OF
this city will go on a 40 hour week
schedule. The mills will be run eight
hours per day. FIVE days week. closing
all day Saturday. Notices of the curtail-
ment were posted today.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31
EX- MILLIONAIRE
WHO KILLED
HIMSELF

Ernest G. Stedman. the millionaire
real estate man OF New York, was
crushed 10 death beneath the wheels
,f subway train. The motorman
says Mr.. Stedman deliberately jumped
The news-democrat. (Providence, R.I.) 1906-1909, 1907-12-31

Ashburnham. Mass, Dec. 31.---A me-
mortal tablet, a gift TO the town by the
local Sergeant Plunkett branch OF the
Women's Relief Corps in honor OF the
sponded to President Lincoln's call for
troops in the Civil war, was formally
unveiled and dedicated with appropri-
ate exercises In Fairbanks Memorial
town hall here today. The exercises
which were OF an elaborate nature were
attended by an audience which almost
packed the hall
The formal presentation OF the tablet
was made by Mrs. Susie A. Wood. presi-
dent of the Sergeant Plunkett branch,
and the acceptance in behalf OF the
town by Chairman OF the Board Of Sc
lectmen Albert NJ Needham
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-02
FIX UP TROUBLES.
Drainage Controversy in Kansas City
Is Compromised.

A compromise was entered into be-
tween the Kansas City drainage board
and the Union Pacific, Rock Island,
Kansas City Southern, and the Kansas
City Live Stock company in the fight
over an attempt to widen the mouth OF
the Kansas river and secure a better
flow of water. The drainage board
taxed some of the cost of the con-
templated diking and widening upon
the above companies. They in turn
fought back and claimed that the
board had no right to place a cost on
their shoulders which would mean
condemnation of land and attacked the
legality of the act which authorized the
appointment of a commission consist
ing of Commissioners Miner, Meyn'
Daniels and Monaghan.
Hearings for the past six months
have been had before Charles BIood
Smith, special master. and the report
of the special master was about ready
to be filed when the compromise meas
ures were proposed. A conference
was called for Monday afternoon IN
the office of Judge John c. Pollock or
the United States district court on the
basis that the report of the special
master would probably not result IN
settling the controversy.
Judge Pollock urged all parties TO
the suit to compromise and suggestIe7u
that the stream be unitormaIly
widened to a width of 500 feet and If
this was found insufficient to increase
the width still further. The ra1lroads
have commended that 500 feet was wide
enough, while the drainage board held
ont 734.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-02
POLLOCK SETS HIM FREE
Holds That David f. Evans Was Tried
Twice for Same Offense.

| Because he was tried twice for the
| same offense, David F. Evans, formerly
| a private in the United States army
who was serving term in the peni-
I Tertiary for an assault committed on
another soldier at jefferson barracks,
! Missouri, was released by Judge J. c.
Pollock on an application for writ of
habeas corpus. The case is Of interest
from the legal questions which were
| ivolved and which have excited con-
siderable attention.
David F. Evans was a private SOL
dier in Troop L, Ninth cavalry. On
January Z, 1906, he shot comrade
named Pleas Johnson soldier in
the Twenty-fourth infantry He was
tried before a court martial and SEN
fenced to eight years at hard labor
for assault with intent to kill. The
reviewing officer, however, refused to
approve the findings of the court mar
tial. His refusal was based on the
grounds that the court martial was in
valid because one of the judges had
formed an opinion as to the guilt of
the accused. A grand jury then in
dicted Evans in the United States
court, Eastern district of Missouri and
after being tried and convicted Evans
was sentenced to serve five years in
the federal penitentiary at Fort Leav-
enworth. He made application for
writ of habeas corpus, on the ground
that he had been twice in jeopardy
for the same offense. Judge Pollock
IN MS opinion said:
THAT the offense of which petition
er stands convicted and is undergoing
punishment is the same identical of
Tense of which he was tried by a court
martial, is clearly shown by the record
and is conceded; that the court mar
tial was regularly convened in pur-
suance of the articles of war is also
shown.
at is contended that court did not
have jurisdiction because, as shown by
the record, from the report of the re-
viewing officer, one member of the
court had formed an opinion touching
the guilt of the accused. But I am of
the opinion this fact did not go to the
jurisdiction of the court to act in the
premises. That court had jurisdiction
of the offense charged and of the per-
son of the accused, was regularly con-
vened under constitutional authority
and had the power to Inquire as to the
guilt. or innocence of accused, and the |
or disqualification of its
vict the accused. Its action was per-
haps irregular and subject to reversal, |
but was not without jurisdiction, and
was valid until disapproved.
II am of the opinion the constitu-
tional rights of petitioner have been |
Invaded. that he has been twice placed |
in Jeopardy for the same offense, and |
In view of the ruling of the supreme |
court in the Grafton case, the prayer |
Of the petition must be granted. the |
writ applied for must issue, and the |
petitioner be discharged Hereunder"