davidaulloa/AmericanStories huggingface dataset:
, 1907-08-23
BILLS Wife
DEAD At new YORK
FIRST WOMAN CIRCUS OWNER
AND oLD-TIME BAREBACK
RIDER SUccUMBS.
Also Of Wild Bill Hickok, Asso.
eiate Of Buffalo Bill, Each Meeting
Death at Hands of Assassin-ls
Made a Countess.

New York, Aug. 23.-Madam Agnes
Lake, the first woman circus owner in
this country, and at one time a famous
bareback rider and champion woman
high-wire walker, died yesterday in
Jersey City, aged 81 years.
Wife Of Wild Bill.
Madam Lakes career was one Of re-
markable romance and adversely.
Both her husbands, William Lake, the
famous clown, and Wild Bill Hickok,
associate Of Buffalo Bill, were killed
by desperadoes.
, 1907-08-23

Oyster Bay, N. Y, Aug. 23.-Plans
for the cruise of the battleship fleet
from the Atlantic to the Pacific ocean
next winter were to be discussed by
President Roosevelt and representa-
tives of the navy department today.
Guests at Luncheon.
The president had at luncheon AS.
sistant Secretary Of the Navy Newber.
ry, Rear Admiral Brownson of the bu-
reau of navigation, Rear Admiral Ev-
ans, commander of the Atlantic squad
ron; Francis E. Leupp, commissioner
of Indian affairs; Lawrence Graham,
secretary of the interior for Porto
Rico, and Lincoln S%teffens, the author.
, 1907-08-23
SUES NEWSPAPER.
Fort Collins Man Wants Damages
From Express of That Town.

Fort Collins, Colo, Aug. 23.-In de-
tense of his good name and the repu,
tation and standing of his business
establishment, R. E. Barker. a local
dry goods merchant, last afternoon
filed in the district court a suit for
damages against the Morning Express,
claiming $4,000 on two counts, n of
&c. 900 for damages to his personal
reputation and the other for $4,000
for the harm done his business by
alleged scurrilous articles which have
appeared in that paper concerning Mr.
Barker during the last week.
, 1907-08-23
LOOKING UP DATA

Of Early WYOMING
Prof. Harlan 1. Smith of New York
is in the city, looking up data of the
archaeological history of this state fol
an eastern publication, and is con
sulting with T. j. Dayton, N. X. Bos
well and Edward I%vinson, calling also
upon DR.. Grace R. Hebard at the uni
versity. He is an old friend of w. H
Reed, the curator of the museum at
the university, and will meet that gen
tleman Upon his return from his fish.
ing trip down the river.
, 1907-08-23

La Crosse, Wis. Aug. 23.-One life
was lost and five other persons had
narrow escapes in the destruction by
fire of the home of Mrs. Mary Kersters
here today.
Mother Witnessed Sons Death.
With a great deal of difficulty Mrs.
Kersters and her our children were
taken from the burning structure, but
her eldest boy, Fred, aged II years.
could not be rescued by the firemen
and refused to jump. He was burned
to death before the eyes Of his mother
and a large crowd Of spectators.
, 1907-08-23
Back at His Post.

Will Daley, the Cheyenne train dis
patcher, returned yesterday afternoon
with his family from EXcanaba, Mich,
where he had been called by the seri-
GUS illness of his mother. and this
morning resumed his position in the
Cheyenne office. Mrs. Daley was
much improved in health when he re-
turned.
, 1907-08-23
Gun Eiaht In Kentucky.

London, KY, Aug. 23.-News has
Just been received here Of a free-for
all fight near the Knox county fair
grounds, at B~arberville, in which two
men were fatally shot and three other
persons, n a woman, were badly
wounded. Constable L. R. Campbell.
VINO sought to quell the disturbance,
was shot dead, Edward Smith died of
MS wounds, John Warren may died and
Policeman Tugle is in a serious condi'
uon. John Bailey, who is charged
with firing the shot that killed Camp
oell' Is the only man arrested. The
otner fighters fed into the country.
, 1907-08-23
VALUABLE COLT MAY
HAVE TO BE SHOT

"Bobbie Miller" owned by Fred A.
Miller and C. F. Kuster. which has
been laid up at the fair grounds with
a sore leg, is getting no better and
the may have to kill him.
Surgeons have examined the injured
leg and some of them believe the
horse was shot. the bullet remaining
in the limb. A consultation is being
held this afternoon, as a result OF
which an order may be issued to put
the animal out Of its misery.
, 1907-08-23
Laying OFF Canal Men.

Panama, Aug. 23.-Lack of funds is
checking the canal work. Four thou.
sand men have been laid off on the
new line Of the Panama railroad, and
it was stated that the department of
municipal engineering had been or,
dered to lay eff a thousand more. A
reduction of :he clerical force is alsc
looked for. The excavation for August
will show a big increase over July,
however.
, 1907-08-23
BOY DESPERADOES.
Tried to Wreck Switch Engine to XII
Their Elder Brother.

Chicago, Ill, Aug. 23.-Albert Ret
seloff, IS years old, and his brother,
John, IL years old, testified before
Municipal Judge Going in the Engle-
wood court yesterday, that they, with
a number of companions, placed ties
on the tracks and wrecked a switch
engine of the Grand Trunk railroad,
August IL, with the intention of kill
ing their brother. Edward Retselofr,
30 years old, a locomotive fireman.
The boys wrecked the wrong engine.
The Retselof brothers and six COM
panlons were held to the juvenile
court. The other boys we're George
Wagner, 10 years old; Walter Dielow-
ski, 13 years old; Stanney Mackowick,
IL years old; John Searsek, ~ years
old; Frank Schwab, 10 years old, and
Leo Dixon, II years old.
, 1907-08-23
Gone to Conference.

Tom Carey of Pocatello, son of Col.
onel T. F. Carey, formerly of this
city, passed through Laramie last
night, en- route to Denver to join the
conference today between railroad
magnates and officials of the Brother
hood of Railway Trainmen in an ad,
justment of the difference between
the two in the matter of wages. Mr..
Carey is the general chairman of the
Oregon Short Line board and stated
that he expected a satisfactory ad-
justment at the meeting to be held
today.
, 1907-08-23
Four Killed in Wreck,

Birmingham, Ala, Aug. 23.-The
Blockton accommodation train. on The
Birmingham Mineral railroad, a
branch of the Louisville and Nash
vile, was wrecked by spreading rails
between Adger and Johns today. Four
persons were killed and eight or ten
were injured.
, 1907-08-23
GETS THE ALTON.
Toledo, St. Louis and Western Secures
Control of Road.

New York, Aug. 23.-The Toledo, st.
Louis and Western has acquired con-
troll of the Chicago and Alton, is the
announcement made here today. The
acquisition of the road is subject to
finally determined for ten days or
two weeks from the present time.
, 1907-08-23
Wants an Answer
Railroad Loses Identity.

Chicago, ILL.,, Aug. ga long term
lease to the Frisco system by stock
holders of the Colorado Southern,
New Orleans and Pacific, by the terms
of which the latter road practically
loses it's identity, has been ratified,
according to the Tribune.
To Operate to Denver.
This gives the Frisco 500 miles Of
road which runs from New Orleans
to Houston, and it is the intention of
the Frisco system to be operating
trains between Denver and New Or,
leans by January l next.
, 1907-08-23
Indications Of Murder.

Chicago, Ill. Aug. 23.-The body OF
Evander McIver. a wealthy contractor,
was found in the stairway leading to
the basement at the corner of Twenty
fifth and State streets today, with
marks of violence on the body. All his
money and valuables had been taken,
and it is the opinion that McIver vas
murdered and thrown down the stair
way.
, 1907-08-23
Broken Wheel on Car.

Train No. 3 was held here several
hours yesterday afternoon, leaving
about Z o'clock for the west, having
been delayed here while a broken
wheel under the baggage car was re-
moved and a new set of wheels was
substituted.
, 1907-08-23

Of Custer post, Grand Army of the Re
public, has just been granted an in
crease In pension to $12 a month, as
this paper was informed this morning
in a note from R. W. Dyer, Mr.. Mon.
dell's private secretary.
, 1907-08-23
Gone After Wife and Babe

Rowley Crumley of the rolling mills
left last night for Ogden. and will re-
turn with his wife and babe, Mrs.
Crumley having been visiting there
for some time. The babe was born
there and the fond father has not yet
seen it.
, 1907-08-23
Lead company's Plant Burned.

Cincinnati, O., Aug. ga shift Of
the wind aided the iremen in the he
roic efforts to overcome a fire that
started in the Eagle White Lead COM
pany's plant last night, and five hours
after the flames were discovered the
fire was under control, after wiping
out property valued at $75O,OOO, driv-
ing hundreds of tenement jewellers
from their homes and laying waste
several acres of ground.
Large Territory Burned Over.
Nearly everything in the irregular
, 1907-08-23
Killed by a Boy.

Fine Grove, Colo., Aug. 23.-In a
quarrel over hauling railroad ties, Burt
snaner, a 1~7-year-old boy, shot and al
most instantly killed Grant McQueary
at a sawmill seven miles above Pine
Grove this morning. McQueary leaves
d VIE and two children.
, 1907-08-23
GONE TO INSPECT
THE MlLlBROOk RANCH.

E. J.. Bell went to the Millbrook
ranch by automobile this morning,
taking. c. w. Berry. superintendent
of the tie plant, and ]. E. Winslow.
where they will meet Frank c. Bos.
Ter Of the Bosler ranch and party of
eastern gentlemen. Mr.. Berry is to
be permitted to run one Of the harvest
ing machines for at least n round"
declaring that he a do 1t as well as
the man who invented the machine.
The party are expected home late In
the afternoon.
, 1907-08-23
Is Now a Countess.

New York, Aug. 23.-Information
has reached here from Rome shat the
pope has bestowed the title of countess
upon Mrs. Thomas F. Ryan, wife of
the well known %flnancier, in recogni-
ton of her charities and benefactions
to the church. Mrs. Ryan's gifts to
the church and to charity, it is stated,
run int the millions.
, 1907-08-23
MET By AGREEMENT
TO WE'D AT CHEYENNE.

Luther Won Buskirk of Jelm and
Miss Edith Ricketson of Kansas City
met by agreement. at Cheyenne yester-
day and were married, coming from
that city last night and leaving this
morning for their home ear Jelm.
They have the hearty good wishes Of
their friends here and at Jelm.
, 1907-08-23
Convict Seriously III.

New York, Aug. 23.-Advices from
Macon, Ca, state that John F. Gaynor,
the Syracuse contractor, who was con.
victed of completely in the Savannah
harbor work fraud, is critically Ill.
Physicians say he cannot live long un.
less removed from Jail.
, 1907-08-23
Had Been Lying at Dock.

Hoboken, N. Y, Aug. 23.-The boat
had been lying at the dock for several
days and today preparations were
made to get under way. Hopkins, the
engineer, started the fires preparatory
to getting up steam and the explosion
followed.
, 1907-08-23

New York, Aug. 23.-The American
Hebrew will publish today a letter
written by Jacob Schiff. the banker,
to DR.. Solomon Schechler, president
Of the Jewish Theological seminary of
America, in which he says:
A Hearty American.
Speaking as al American, | cannot
for a moment concede that one can be
at the same time a true American and
an honest adherent to the Zionist
movement. A Jew should not for a
moment feel that he is an exile, and
that his abode here is only a tempo
rary or passing one.
No String to Citizenship.
'If those who come after are to be
freed from this prejudice which this
generation is not unnaturally suffer
, 1907-08-23
LEAVE FOR A TRIP
TO SNOWY RANGE

" INV" nAN1G,
DIR. A. B. Hamilton, DR.. w. H. Doug.
las and Miss Jeane Douglas left this
afternoon for Centennial. At Cen
tennial Miss Jeane Douglas will go to
the Sundby ranch for a short stay and
Drs. Hamilton and Douglas will go to
the Snowy range for a little outing,
being Joined at the Sundby ranch by
their wives, the latter being now at
that place.
, 1907-08-23
Preferred Dividends Cut.

New York, Aug. 23.-The directors
of the Southern Railway company to-
day cut the dividends on the preferred
stock of the company from 2S per
cent to IL per cent.
, 1907-08-23
JACOB SCHIFF SAYS HE DOES NOT
FAVOR ZIONIST MOVEMENT
AMONG PEOPLE OF
HIS FAITH.

Jew Should Not for Moment Feel in
This Country That He Is an Exile
and That His Abode Here Is Only
Temporary-Even If They Are
Jews, There Is No String to Their
Rights to Citizenship Here.
, 1907-08-23
0UTSPOKEN MESSAGE
Of A JEW To JEWS

ing, we need feel that, politically, no
n has any claim on us but the coun-
try of which We have become citizens,
and that even if we are Jews in faith,
there is no string on our citizenship"
, 1907-08-23
Killed in Boiler Explosion.

New York, Aug. 23.-The boiler on
the coal barge Patterson, which usual
ly plies between New York and Bos-
ton, exploded today in Hoboken, kill
ing M. Hopkins. the engineer, and six
other men.
, 1907-08-23
Fell From Merry.Go.Round.

Gordon Palmquist, the young sol of
Engineer and Mrs. Ed Palmquist, of
All Eighth street, fell from the merry
go-round at the street fair last night,
cutting his scalp. He was carried to
the Eggleston pharmacy, where he was
, 1907-08-23
Root on a Earn.

New York, Aug. 23.-Elihu Root,
secretary of state, is recuperating from
overwork at the farm of William Null
doom neal White Plains.
, 1907-08-23
GOVERNOR BOUND
TO LESSENR RATE
INTIMATES THAT UNLESS RAIL
WAY COMMISSION ACTS HE
WILL CALL LEGISLATURE.
Gives Members Short Time in Which
to Act and Asks Them to Keep
Frisco System Will Operate Trains
to Denver in Time.

Topeka, Kas., Aug. 23.-In a letter
sent to the state board of railway
commissioners last afternoon Cover
nor Hoch intimates that unless the
board puts a 2-cent fare into effect in
a short time he will call a special ses-
sion of the legislature. He says:
Wants an Answer.
81 request that you inform me i'm
mediately whether it is your intention
to put a straight 2-cent fare in opera
ton in this state. that l may know
what further steps, if any, should be
taken to secure this just result"
, 1907-08-23
FOR
THE MAIN
SHIPPED FROM BEssEMER MORE
THAN FORTNIGHT AGO AND
WILL BEGIN TO ARRIVE
IN FEW DAYS.

Chief Engineer HuntIey Says It Is
Intention Of Union Pacific to Put
in Grand Avenue Pipe as Soon as
Pipe Arrives-Fourth Street Wa
ter Company Can Proceed to Lay
Pipe to Connect With New Main.
, 1907-08-23
WILL LAY WALKS

WILL LAY WALKS
ON GRAND AVENUE.
William Birnie has been given the
contract for a t~welve-foot cement walk
in front of the Frank Rice and Ferd
Brueckner shops, on Grand avenue.
, 1907-08-23

]. J.Hill has been training so sedu'
lousy for his encounter with the Gov
eminent that he just had to hit some
body.
, 1907-08-23
MOTHER WITNESSED
DEATH Of HER SON

block bounded by Broadway, East,
Court and Hunt streets and the Nor
folk and Western tracks was destroy
ed. Only one man was injured, and
his injuries were not serious.
, 1907-08-23
uousE TOOK FIRE AND ALL ES
CAPPED EXCEPT BOY, WHO
REFUSED TO JUMP AND
FELL BACK IN FIRE.

Great Difficulty Experienced in Rescu-
ina Mother and Four of Her Chill
dren-EasIe White Lead Com
pany's Plant at Cincinnati Almost
Destroyed, Large Tract Being
Burned Over-Accidents of Day.
, 1907-08-23
Taft at St. Louis.

st. Louis, Mo, Aug. 23.-Secretary
Taft arrived this morning from Lex
ington, KY, and was met at the Union
station by United States Senator War
ner of Missouri, former Judge Frank
lin Ferriss and others. As he passed
through the crowds of spectators as
sembled he frequently paused to
shake hands. He was escorted to an
automobile and driven to the Planters
hotel, where he was the guest of
honor at a formal breakfast.
, 1907-08-23
Mr.. HuntIey's Note.

VII FV0i'AiSy . INSeSs
Omaha, Neb., Aug. 10, 1907.
"Dr. S. B. Miller, Secretary Wyoming
State Board of Medical Examin-
ers, Laramie, Wyo.
Dear Sir:-Referring to your letter
of the 14th instant, in regard to the
Laramie pipe line, l would say for
your information that it is III inten-
ton to put this pipe line in as soon
as the material is received, the ma
terial having been shipped from Bes-
semer, Ala. on August 6. On account
of difficulty in reaching an agreement
with the city of Laramie, our orders
for material found %foundries crowded
with orders, and much delay has been
experienced in getting u material
Yours truly, R. L. HUNTLEY,
'Chief Engineer"
, 1907-08-23
Of
THE FLEET
PLANS TO BE DISCUSSED AT
MEETING WITH THE PRESi-
DENT AT OYSTER BAY
THIS AFTERNOON.

Assistant Secretary Of Navy, Rear Ad.
miraIs Brownson and Evans, Com
missioner Of Indian Affairs and
Others at Luncheon-Men Being
Laid Off on Panama Canal Work
for Lack Of Funds in Treasury.
, 1907-08-23
Going to Oklahoma.

This afternoon he will proceed to
Oklahoma City, where he will speak
tomorrow. A light rain rendered the
day disagreeable, but should the
weather clear sufficiently, Secretary
Taft will be taken for a short tour
around st. Louis and be rendered a
reception at the st. Louis club, after
which he will take the 2:3O train for
Oklahoma City.
, 1907-08-23
Depositors Indignant.

Portland, Ore, Aug. 23.-Outspoken
indignation among many Of the four
teen thousand depositors of the Oregon
Trust and Savings bank, the doors Of
which were closed Wednesday,, caused
the report to be circulated yesterday
that warrants had been issued for Off
GERS Of the bank.
Complaints Being Prepared.
1t developed, however, that no war
rants had been issued and that the net
result of the numerous demands for ar
rests by certain depositors were the
preparation of complaints by the dis
trict attorney.
, 1907-08-23
POST COMMANDER

GETS AN INCREASE.
Congressman Mondell has just re
eelVed notice that Colonel Francis. A.
suffer Of this city, post commander
, 1907-08-23
WAGON DRIVERS
ARE ON STRIKE
THREATENED MEAT FAMINE IN
NEW YORK ON ACCOUNT Of
WALkoUT LAST NIGHT.
only Meat From Chicago Refrigerator
Trains Was Being Delivered This
Morning, and Those Drivers May
Be Called to Join Strike-Com.
Panies Preparing to Resist.

. New York, Aug. 23.-Deliveries of
meat from the local packing houses
were completely halted today by 400
wagon drivers, who struck last even
ing. Not a delivery wagon of the
wholesale butchers was moved during
the early hours. The strikers said
thai only meat from the Chicago re-
frigerator trains was being delivered,
and that the drivers who handle that
may be called IL on strike today.
Meat Famine Threatened.
With the stoppage of the deliveries
of meat in transit direct from the
meat trains, the city would be quickly
affected by a meat famine. Police re-
serves were stationed in the packing
house district on the west side OF the
city, but no disorders were reported.
Using Strike Breakers.
The inside employees of the slaugh-
ter houses were at work today, while
the heads of the affected houses were
busy preparing to break the strike,
which was called without warning by
the drivers. The companies, it was
said, would import strike breakers if
necessary.
, 1907-08-23

When the Fourth Street Water COM
pany was organized and decided to lay
a four-inch pipe from Grand avenue
north to Flint street, there was some
question about whether it would be
better to wait until the Union Pacific
had laid the new main in Grand ave-
nue. or connect with the old main,
making transfer of connection to the
new main later. DR.. S. b. Miller, one
of the parties interested, wrote to
Chief Engineer Huntley of the Union
Pacific concerning the matter, this
morning receiving word from that
gentleman.
Some Material on Hand.
A few days ago The Republican stat
ed that the pipe had been ordered and
would be shipped. Some of the ma
terial has already arrived. its arrival
being noted in these columns. The
latter from Mr.. Huntley sets at rest
any doubt about the intentions of the
company, and will be hailed with de-
light by the people Of the city, who
see the beginning of what in time will
be a completely rebuilt distribution
system. A few citizens succeeded a
few months ago in delaying the work
Of the city administration, but the de-
lay is believed to be only temporary.
That a renewal of the agitation for
new lateral mains will come is GER
tain, and that it will not be allowed
to be ~sidetracked a second time is
, 1907-08-23
Meeting Called,

A meeting of %depositors has been
called to devise ways and means to
protect their interests. Receiver Dew.
lin expresses the opinion that deposi,
tors will be paid in full.
, 1907-08-23

Try The Republican want column.
It brings results.
, 1907-08-23

Daily Republican. so cents . month
, 1907-08-23
Declined Arbitration

There has been no little i'll feeling
between the transfers and the com
panies for some time. The agreement
between them expired August IA, and
since then representatives of 10th
sides have been in conference trying
to adjust their differences. The team
sters declined to accept the clause in
the contract calling for arbitration of
all mooted questions.
The Montgomery advertiser., 1907-09-30
STATE FIX REL DUCouRNEAU VI
 I.ANGAN

Mandamus to Compel Issuance of Li-
 cense.--(Decided March 2, 1907. 4s
 So. Rep. 1s7.)
 Mandamus; acts of public officers; matters of scription-Mandamus does not lie to compel an officer to issue a license where the performance of that duty rests upon the ascertainment of facts or the existence of conditions to be determined by such officer. in his judgment or discretion.
 Appeal from Moh''s Circuit Court. Heard before .sn. Samuel B. Browne.
 Affirmed. Opinion by Mcclellan. ]. Haraison, Dowden and Anderson. u. concur.
The Montgomery advertiser., 1907-09-30

lieve that it was not in tho scope of the authority of defendant's agent to arrest plaintiff and detain him against his will. defendants would not be iia- ble. in that 1t assumes as a fact that defendants agent arrested and detains ed the plaintiff
 {. Same; requested instructions cov- cred by instructions given. Tt is not error to refuse requested instructions substantially covered by requested in- structions given.
 5. Same: affirmative charge; con- fiicting evidence.--when the evidence on material enquiries is conflicting it Is not error to refuse the affirmative charge
 6. Same; instructions argumenta- tive.--A charge asserting no more than an argument. or one stressing 2artic- ular facts is properly refused.
 Appeal; review; waiver of err TOTS on appeal; failure to urge abjec- tion,-The failure to insist upon error In argument, on appeal. is a waiver Of such error. in civil causes.
 8. Trial; instructions: ignoring evil oence.--Where there was evidence tend ing to show ratification by the grim cipal of the agents acts, charge which Ignores such evidence Is prop erly refused.
 1T dlSC duniSSlDtA- ity of evtdence.--In an action for false Imprisonment. imposed by an alleged agent, 1t was competent to ask plaint- fir concerning a conversation had with said agent at the time of the alleged | imprisonment, as tending to show the authority of the agent, his participa- tion in the deception practiced to in- duce plaintiff to the place. and plaint- l fff's unlawful detention there. Cor A., show. in an action for false imprison- ment imposed by an alleged agent, that such agent cursed plaintiff, and whipped him, as tending to show ex- ] tent and character of agency and un- lawful restraint of plaintiff.
 II. False imprisonment; elements of offense.-The placing of an person, against his will. in a condition or po- sition. where he cannot exercise his will to go or be In places he may I lawfully be or go to; or detaining him at the will of another who Is without lawful authority. Is false imprison- ment.
 12 Principal and agent; relation; l evidence to show.-It was competent to show that while the alleged agent who was charged with imposing the false imprisonment. was in charge of | the place, the defendants moved corn I show that defendants were the ones for whom the agent was acting. l IS. Evidences; opinion evidence; matters of fact or conclusions.-The plaintiff may in an action for false Imprisonment, testify that he was de- tained against his will that being the statement of fact and not a mere opinion or conclusion.
 | If. Evidence; Judicial admissions evidence in other actions.--As an ad- mission, and as tending to show | agency, 1t was competent to show that one of the defendants. in another &C., ton, testified that the person alleged to be the agent of defendant in this action was the agent of defendants.
 Appeal fom Limestone Circuit Court
 Heard before Hon. Paul Speake.
 Affirmed. Opinion by Harrison, J.
 Weakley. c. J., Dowdell and Denson JJ.. concur.