davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1907-12-06
David o'connor Perry.

David OConner Perry, aged 8 months the son of Mir. and Mrs. H. D. Perry. died late Wednesday night at the family residence, 53O5 First avenue. north. Wood lawn. The funeral services were con- ducted from the residence yesterday aft ernoon at o'clock. The interment was made in the Elmwood cemetery.
The Birmingham age-herald., 1907-12-06
THE WEATHER.

Washington, December 5.-Forecast for Alabama and Mississippi: Fair and warmer Friday; Saturday increasing cloudiness, probably rain on the coast; light to fresh east winds.
The Birmingham age-herald., 1907-12-06
DEATHS AND FUNERALS
Mrs. Catherine Fearn Steele.

Mrs. Catherine Fearn Steele. widow Of the late Judge Matthew W. Steele, died last night at o'clock at her residence, 4236 Fifth avenue, Avondale. The fun eral arrangements will be announced later.
The Birmingham age-herald., 1907-12-06
H. "a. Norton.

The funeral services over the remains of H. B. Norton were conducted yester- day afternoon at 2:3O o'clock from the chapel of Shaw & Son. The lntermen, was made in the Woodlawn cemetery
The Birmingham age-herald., 1907-12-06
2. T. Shaw < Son. Undertakers.

Green Undertaking Co.,, Wallace C. Johns. Manager.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
COURT REFUSES
MANDAMUS IN
CONTRACT CASE

Judge johnson today handed down the
opinion OF the supreme court in tho case
OF Putnam Foundry and Machine COM
pony VS.. town council of the town OF
harrington. This was a petition for a
writ OF mandamus to compel the council
to award a contract that il is alleged the
town meeting voted should be made.
Judge Tanner refused the petition in
the superior court and now the supreme
court fully sustains his view of the mat
ter. Judge Johnson in the course OF the
opinion handed down today, says 'To
warrant the Issuance OF a writ OF man
damus, the petitioner must show first a
legal right TO have the act done which is
sought by the writ: and second. IL must
appear that the act which is to be en-
forced by the mandate is that which IL
Is the plain legal duty OF the respondent
20 perform. without discretion either TO
do or refuse; and third. that the writ
will be availing as a remedy. and that
the petitioner has no other plain, speedy
and adequate remedy. We do not think
requirements. II can only base it's claim
upon the action OF the financial town
meeting. as the frst town council plainly
only made recommendation that the work
he done, and that the bid Of the petitioner
be accepted. The financial town meeting
instead OF accepting said bid. only appro-
priated $3.50, or so much thereof as may
be necessary for the reoonstruction and
renewal OF the heating and ventilating
apparatus OF the town hall building. Said
sum TO be expended under the supervision
OF tho town council, as recommended In
their report; and authorizing the town
treasurer to hire a sum 10 meet the above
expenditure. II the financial town meet
ing had desired TO accept the bid of the
petitioner, IL could easily have done so,
but Il did not"
Further. Judge Johnson, after saying
that the petitioner has shown no legal
right to have the act done which II seeks,
declares "If there Is not contract ex-
listing the court cannot make one by
mandamus. And II the facts shown were
sufficient to establish valid contract.
then the petitioner would have the same
plain, speedy and adequate remedy there.
On that any party to contract has and
in such case would not issue.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
EXPECTED JAP
OUTBURST NOT
YET At HAND

Toxic. July 3.-The expected out
burst OF Indignation In view or the
latest development In the anti,Japan .
est movement in San Francisco has not
vet appeared on the surface, ana tho
press is silent so far.
Men I'm high circles express them-
selves as being apprehensive that the
unrestrained sway Of Indignation over
the discrimination against Japanese IN
the United States might fail INTO the
hands OF a third power, always aiming
to arrest Japan's progress.
While advocating firmness TO remove
the cause of grievances OF compatriots
victimized in the anti-Japanese move
ment prudent handling is recommends =
ed lest Japan be placed in the posi-
tion OF picking chestnuts out OF the
FIRE for n third party. VINO the tnird
power is may not be difficult 70 guess,
San Francisco, July S.--The japanese
Association OF America has Issued the
following:
Five OF the principal chambers Of
commerce in Japan reSently raIhSrs af eom
merce in America, setting forth the
grievances OF Japanese residents In
San Francisco and including among
"The Japanese Association OF Amer
lea. which has its headquarters In san
Francisco, believes that IN Justice 10
country this erroneous statement
should by corrected and false impres
sions removed. Japanese children In
San Francisco are not now denied the
right OF education. on tho other hand
there are as many Japanese scholars
lr the public schools as there were
before the earthquake and fire OF April
49, 1906, and they are receiving the
same treatment and the same ad
vantages that are given to the pupils
of other natlonalities and are admitted
20 the schools.
ON making this correction. tho Ja-
panese Association OF America wishes
10 show its desire for fairness. and IL
hopes that its efforts 10 bring about
friendly relations between the Japan
and the state OF California will have
the sympathy and support OF the mer-
chants and business men OF the state
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03

A quick capture followed by an almost
equally quick release was made early this
morning OF two men suspected of having
participated yesterday morning In the
murder OF Christopher Brass. Jamaica.
N. Y. farmer.
The men left New York yesterday eve-
ming on the JOY liner Tennessee and
reached this city shortly before o'clock.
They were met at the wharf by sergt,
Kent OF the Third station and the steam
er was prevented from landing any OF
her passengers until Liouvenants Cronn
and Crystal of the New York detective
bureau had arrived and had opportunity
90 look over the passengers. They picked
out Charles V. Kendall, 20. and Charles
A. Vauk. 2s, both OF whom occupied
berths, and brought them to the Third
station, whence they were removed TO
the detective headquarters to give Chief
Inspector Constant s. Horton chance to
quiz them~-the inspector having been re-
quested by Chief McCaffrey of the New
York bureau to hold the men until hts
officers, who had taken the midnA,t
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03

did not vote for the resolution. Few IL
any votes came from the Blackstone VAL
ley.
Col. Tillinghast In offering the resolu-
tion, explained that he did so simply to
get II before the meeting and Boss Bray
tons speech while on the resolution was
not to the resolution. TTe confined his
remarks 10 urging party harmony and
crticising the Wetmore league.
When asked today II they expected to
win next fall, a number of Wetmoreites
at the headquarters OF the Rhode Island
Republican league said IL will be a cinch
for the ex-senator.
Among the visitors to the wetmore fold
was Senator John p. Sanborn of Newport.
He said; I'VE shall carry Newport for
wetmore and the Republican party by at
least 1000 plurality. We had only about
800 last year. This year we shall have at
least 1000 Democrats with u.s.
mot single town or city that support
ed the Republican assembly candidates
last year will go against them this year."
When asked II his statemesit that 1000
Democrats would vote for the Republican
legislative candidates at Newport meant
that in order to have only 1000 plurality,
500 Republicans would be alienated, vote
with the Democrats or stay at home. the
senator said: mo, mean nothing OF the
kind. Some Democrats in our city have
always voted with us and the ex-senator
is so popular there that IL would be DIM
cult 10 find Republican who Is against
his recollection.
"The Republicans have all the better
of the registration in Newport this year.
The Democrats have done very little.
All the loss sustained is Democratic loss.
and. We shall win easily
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03

The Republican breach has not yet psen
healed
Unless steps are taken by the wetmore
campaign adherents to placate the men
who stood out last Monday against the
nomination OF the ex-senator for a third
term, there will be httle chance Of a Wet
more victory in the fall campaign.
These views were expressed by promi-
nent anti-Wetmore man who participated
in the historic gathering. but who did not
vote for the ex-senator He was en-
pathlc In his assertion that at present II
looks very much as II Goddard will sweep
the state.
THESE wetmore political novfces acted
at the meeting rust as II they owned the
party and the state and all we had to do
was 10 throw up our hands and come into
line unconditionally. We were TO make
all the concessions and leave the entire
management of Republican political af-
fairs 20 them" he said
This will not be done, however. And
they will learn II to their cost. If they
persist In their attitude Of contempt for
those who did not agree with their choice
OF a senatorial candidate and try TO carry
things with such n high hand they will
find themselves deserted by such a large
proportion OF the Republican voters that
victory cannot possibly perch upon their
banners this fall"
IL was learned today that Col. Frank
W. Tillinghast, chairman OF the execu-
tive committee OF the Republican state
central committee. who offered the reso-
luton declaring In favor OF the ex-sena-
tor, was among the six members present
who did not vote for IT, Gen Brayton
has already stated with considerable ap-
parently unnecessary emphasis that he
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
MANY INJURED IN
ACCIDENT At
WASHINGTON

Washington. July 3.-A dozen persons
were seriously injured and as many more
slightly hurt IN a collision between a
Washington-bound trolley car and two
carloads OF rails on the Washington. Ar
lington and Falls Church electric railway
today.
The passenger car left West End sta
ton loaded with employees in the govern
ment departments at Washington, but
IL was delayed at Ashdale station for 25
minutes and then followed a car to Clar-
endon, which was bound for the Aqueduct
bridge. At Spruce station two nat cars
loaded with steel rails were being taken to
West End station. motor car was
pushing these fiat cars and when one car
passed the switch the freight started i'm
mediately without waiting for the regu-
lar Washington car. They met near Alex
andria court house. The rails on the
forward car extended several feet beyond
the trucks and when the crash occurred
penetrated the passenger car. almost
completely telescoping it, One rail passed
entirely through the abdomen OF Motor
man William Mock and one passenger
had both legs severed.
There were many women on the car
and several OF these were badly injured
The passenger car was proceeding down
grade and II rs admitted by the conductor
that II was running at about 45 miles an
hour in an effort TO make up some OF the
time lost at Ashdale Twelve of the in
jured passengers were taken to George
town hospital and those less seriously In
jured were treated near the scene of the
wreck.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
UNITED STATES FAILURES
FOR PAST SIX MONTHS

Dun's report on failures In the United
States In the last six months says that
commercial failures were 5sC7 In number
and s69. .59s, ,662 in amount Of defauted in
debtedness. This is the best statement as
TO the number of bankruptcies for the
corresponding six months OF any year
since 1899 but liabilities were slightly
above the average on account Of few
very large failures In New York. In the
FIRST half OF 1906 there were 56l2 failures.
Involving s62. 4.074. Trading failures in
1907 numbering 4la0 with defaults OF $2s,-
7447s6. against 4145 In the same months
last year when the amount involved was
~ sos. .97s The chief Increase occurred
in the manufacturing class. There were
1e2 other commercial failures. not proper
ly included in the two principal divisions,
with total liabilities of S6,139,22s. In the
same month last year there were leS for
$1516s,574 In addition to the commercial
failures there we're % suspensions OF
banks and similar financial concerns, In
volving s7.90402s, while In the first half
OF 1906 there were 2s failures In this class
with liabilities of S55s5. 1892.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
TWO MURDER SUSPECTS
ARRESTED HERE, But
WERE LATER FREED

train, could reach this city and have a
look at them.
AT the station the men told straight
forward story of their wanderings and
whereabouts on the morning OF the MUIR
der. They had been employed, they said.
as freight brakemen until Saturday. when
they were paid off at the Harlem office
OF the New Haven railroad and then de-
termined TO go to Boston. They went into
a barber shop yesterday afternoon In New
York and the barber who shaved them.
having read of the murder and seeing
bruises on the mems faces. one or them
having a black eye. notified the New York
police. In the meantime they had sailed.
They were traced, however, 10 the JOY
liner and an intercepting message was
sent TO this city.
The man who was robbed and murder
ed put UP n stif fight and must have
marred his assailants The bruises on
the men, who were examined closely here,
however. were DID, and scabs that had
formed were easily pulled off by them.
They accounted for their injuries 10 the
complete satisfaction OF the New York
detectives and also of the local bureau
and were promptly released. proceeding
Immediately TO Boston,
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
7TH WARD DEMOCRATS
WILL CELEBRATE

The Seventh Ward Democratic club
will celebrate the national holiday at
the clubhouse, S22 Potter avenue, to-
night The Cranston Fife and Drum
corps will parade the streets OF the
ward. and upon their return an old
fashioned flag raising will take place.
Charles Bowen VIII give grapha-
phone concert and Mr. Edward NJ. Sui
Ivan will deliver a patriotic address.
"Patriotism OF the Men of 70" Mayor
+. J. Mccarthy. Hon. Rathbone Gard
ner, ex-Gov. Garvin and John J. Fitz-
gerald have been invited to be pres
ent.
Chowder, sandwiches, coffee, cigars
and other light refreshments will be
dispensed and good time for all Is
predicted.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
TO WE'D
ANGELINA, So
SAYS FUsCO

Carmine De Fusco. young man,
told a strange story to Judge Baker
in support of his petition for a di-
vorce from Angelina De Fusco. A
divorce is sought on the ground OF a
void marriage
Carmine is a good looking Italian,
but OF very quiet disposition. One
night. when he came home from work,
he was met by the two brothers and
a brother-in-law OF Angelina's and
told he must be married 10 her. Ac-
cording to Carmine's story on the wit
ness stand today the brothers said "un-
less you marry Angelina we will kill
you here or somewhere else" Car
with whom he boarded.
This relative swore that Angelina
had declared she would make Car
mine himself and another witness he
finally promised to marry. but declared
that he would never live with Ange-
lima
The day after the threat was made
the brothers and brother-in-law and
Angelina went with Carmine to the
city hall and secured a marriage
license. and from there went to the
superior court house There Judge
Tanner married the pair.
The new Mrs. DE. Fusco went by
brothers and brother-in- law. Mr.. De
Fusco went his way alone. Accord
ing to the latter there was no after
meeting.
Mr.. De Fusco's witnesses swore that
Mrs. De Fusco. who lived in the same
block with Carmine, went TO another
neighborhood two days iater. De
Fusco. remained at his former board
Ing place
Mrs. De Fusco did not appear in
counsel today. Several friends OF the
petitioner, however, came to court
with him. James a. Williams was his
attorney.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
E. H. WAGNER FILES BILL
AGAINST F. E. CHESTER

Edward III. Wagner, a subject OF the
king OF Denmark. filed a bill OF complaint
In the United States circuit court today
against Frank T.. Chester OF this city.
who Is doing business under the name OF
F. +. Chester a Co. and who the COM
plainant claims Is infringing a patent he
holds on an Improvement In Pyrotechnical
compounds.
The bill alleges that one Karl Hufnagel
Of Germany prior 10 Sept. Is, 1904. was tho
inventor OF this Improvement Hufnagel
applied for n patent In this country on
Aug. H. 1904. on Sept. 90 1904, no sold
the right 10 the application to Wagner.
and on Nov. %. 1904. the patent was Is
sued
The complaint claims that the defend
ant company has sold very large num-
ber OF articles that infringe the >patent
In this state and elsewhere. and that ne
Is thereby a great sufferer on account OF
this infringement
The f. Il. Chester & Co. has It's offices
at 3 Pine street.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
CEN. ENGLEY WAS
CROss-EXAM|NED
N ORCHARD CASE

Boise. Idaho. July 3.-The cross-ex-
animation of Gen. Eugene Engley. for
merly attorney general OF the state
of Colorado under Gov Waite. will
be continued today. the state having
few questions to ask the witness
when the Haywood trial opens. The
defense continues 10 center it's efforts
on the conditions existing In Colorado
at the time OF the Cripple Creek
there was need for the calling out of
the militia, and that the Western
Federation OF Miners, which up to
that time had conducted a peaceful
association. was made responsible for
number of outrages by the militia
and the "gunmen" employed by the
mine owners and the Citizens Alliance.
Gen. Engley has testified that the
Citizens Alliance was made UP of the
leading citizens OF Cripple Creek and
that the mine owners constituted q
very small part of the community. He
Is an avowed Socialist Of pronounced
type His evidence. so far has been
interest in the doctrines of Socialism
and the Western Federation of Miners
as an actual sympathizer and because
he was employed as counsel In num-
With an adjournment over the
Fourth. IL Is not considered likely the
defense Will be able TO conclude the
evidence before Friday evening. II
Is now probable that they will not
be In a position to call Meyer TO the
stand before next Saturday evening.
Meyer will be followed by Haywood
fense.
Francis c. Clifford. a life Insurance
solicitor Of Sterling, Col, was the flrst
witness called at the Haywood trial
this morning.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
SOLDIERS TO
Be 4 GUARD
1T BONFIRE

Because Capt. James p. Reilly OF Com
pany E. Secvond Regiment. Rhode Island
National Guard, has come to the rescue
the annual bonfire on Smith hill, which
has been a feature OF the Fourth of July
celebration In this city for years, will be
touched off this year.
Capt. Reilly sent the following letter to
Alderman John G. Dunn of the Third
ward last night when he learned that the
police could do no guard duty and the
bonfire might have to be Abandoned:
July 2, 1907.
Alderman John G. Dunn
"Sir-In reading the Providence evening
papers / was very sorry 70 note that the
annual bonfire on Smith hill Is TO be
omitted on account OF a protest made by
the officers Of the Catholic cemeteries. As
stated in the item. there not being ample
police protection, and sooner than have
the younger element of the city disap-
pointed. have the honor TO tender the
services of my command and will guar
antee that no damage will be done to the
adjoining property or Catholic cemetery.
Respectfully,
(signed) JAMES p. REILLY.
Captain Commanding Company e. Sec
ond Infantry, n. @. r. l."
Rev. FIR. Harrington, rector OF st. Ed
wards church. who was instrumental In
making the protest which was received by
the board OF police commissioners yester-
day. agreed to withdraw the protest when
seen by Capt. Reilly.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
ANN MARY BROWN
MEMORIAL NOW
OPEN TO PUBLIC

The Ann Mary Brown memorial on
Brown street. which was recently built
by Gen. Rush C. Hawkins OF New York.
was opened to the public yesterday morn
ing and many visited the building to SEQ
the excellent art works. rare volumes OF
priceless books. and interesting family
relics that have been collected by tho
Brown family for the past generation.
The building will be open for the public
for the first four days OF the week and
between the hours of 10 and o'clock. Re-
Gently Gen Hawkins said:
care has been taken TO construct the
memorial building so solidly that it will
represent the treasured collections of
many years
Second only TO the memorial motive OF
these collections is the givers hope that
they may be OF use TO those who love tho
beautiful. and whp may desire to study
their interesting historic features-in the
belief that there are interests worth liv-
ing for other than those OF the material
istic side OF existence.
This gift for the use OF the people OF
Providence Is free and unencumbered,
and is made entirely without reservations.
except so far as safety and secure perpet-
uation requires. And all ! ask of its cit-
zens In return is that they will care for
1t. and safely guard II against any devia-
tion or perversion whatever Of the donors
intention. Let me also hope for some SYM
pathetic appreciation however little) Of
the sentiment which seeks In this monu-
ment, to express an affection which can
not be described"
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
PAWTUCkET
BANK LOSES
| BIG CASE

The supreme court has dismissed the
bill in equity brought by First National
Bank OF Pawtucket against Harriet NJ.
is a judgment creditor OF the Cumber-
land mills, and sought to enforce its
claim against the estate OF the late George
l.. Littlefield OF Pawtucket, deceased. The
Cumberland mills failed to file certificates
showing financial conditions In the years
1893 and 1899.
The Judgment In favor of the complains
ant against the corporation IL based on
notes made by the corporation April "a.
1900 and July g. 1900. These notes. the
OF notes made by the corporation Oct.
"a. 1899 and Jan. 8. 1880. both prior to the
fling Of the certificate. Mr.. LAttlefield
owrsed 275 shares OF Cumberland mill
stock of the par value OF $50.
The Industrial Trust company took
over tho affairs OF the First National
Bank OF Pawtuchet on March s, 1900.
The complainant claimed that the ques-
ton OF liability resolved itself into-the-
question whether or not the transactions
OF April "a. and July 8, 1900 under tht cir
cumstances. amounted to a payment OF
the rotes maturing on those days respec-
lively, and the creation OF a new in
debtedness of the Cumberland mills or
amounted TO renewal and continuance OF
an existing indebtedness. II the In
debtedness was new one as a certificate
had been filed, the stockholder was not
liable. Complainant strongly argued that
the original Indebtedness was not ex-
tinglIished
Judge Dubois writes the opinion OF the
supreme court and in giving a decision
in favor of the defendants says the case
Is governed by Merriam VS. Social Manu-
featuring company, II r. L.. 175, 100.
The news-democrat. (Providence, R.I.) 1906-1909, 1907-07-03
DELMAS WILL NOT
DEFEND THAW

New York, July 3-Harry X. Thaw's
lawyers have given up the idea OF trying
TO force District Attorney Jerome to put
Thaw on trial in October. Lawyers Dan
O'Reilly and A. Russell Peabody called
on Acting District Attorney Smyth yester-
day and announced that the application
made to Justice MCCALL last week. which
was TO have been argued this morning.
would be withdrawn. Tht idea was to get
a court order directing that Thaw be
tried In October. The lawyers said that
they had made UP their minds that Mr.
Jerome would deal fairly with Thaw. Mr.
Jerome has announced that Thaw would
not be tried before October.
Thaw's lawyers said yesterday that as
yet no chief counsel had been selected for
him.
'one thing is certain" said Lawyer
O'Reilly: "the lawyer who will have
charge OF the case will not be from Cal
lfornia."