davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
FIVE CHINESE KILLED.

\ winnipeg, Man, June &.-Train No. =
y q, the regular west bound Cana y
\ dian Pacific railway express, and a \
+ Chicago special going east collided y
= at Butler. Us miles east of here late h
\ this afternoon Five Chinese were y
: killed and +. A. O'Connor of st. =
: Johns. n. B.. a guard on the spe- y
! cial, was seriously hurt The wreck \
b was due to a misunderstood order. y
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
Redueed RATES East and West.

Ask any Oregon Short Line or Union
Pacific agent about rates east and west
during June, July and August. SPE-'
GAL EXCURSION RATES in effect
from time to time to principal Pacific
coast and eastern points.
City Ticket Office, POI Main street.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
Red Men Team.

The degree team of the Ogden lodge
of Red Men will go to Salt Lake this
evening to assist in the installation of
a large class of candidates.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
Removal Notice.

M. Thomas, attorney. has removed his
Office to suite 507. Security Trust build
ing, "a South Main street
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29

DR.. Fred Stauffer has moved from
22o-224 Deseret News, to 906-307 Tenn
pleton building.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29

The best TO-DAY, Vienna Walnut
Bread. Vienna Bakery.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29

Bathing at Saltair this year is per-
feet Water is warm and plenty of it.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
Orchards Story Denied.

Easterly left the stand and Joseph
SchOlz was called. Scholz said he was in
Cripple Creek in 1903 and 1904 Orchard
said a man named SchOlz had gone down
into the indicator mine with him to set
off a carload of powder. He was con-
frontcd by the man who took the stand
today, but said he was not the same per
son.
Scholz said today that there was no 9th
er SchOlz in Cripple Creek until late In
1904. when a gun man by that name ar
rived. The witness said he did not know
Orchard.
George Breen, who was a railroad man
at the time of the explosion at the hide
pendence mine and worked out of Canon
City. was called to testify to the bring
ing of bloodhounds from the penitentiary
to Victor on the day of the explosion. He
was briefly cross-examined and the state
passed the croSs-examination.
Recess then was taken until 100 D. m
Railroad Man on Stand.
The first witness after recess was C. A
Collins of Leadville, Colo. railroad
brakeman. who was miner at the time
of the Independence depot explosion. He
told of two bloOdhounds being brought
there and put upon the scent. They cir
cled about some and then brought up al
a cabin occupied by Al Beemore. The
last he saw of the dogs they were being
taken toward the indicator mine
Cross-examined by Mr.. Hawley, Collins
said he had once belonged to the Western
Federation of Miners. He was twice ar
rested by the military following the indie
pendence depot affair and thrown into the
bull pen" He was also arrested once
by the civil authorities and convicted OF
being drunk and disorderly.
You were arrested for creating dis
turbances among nOn-unio1 mem"
NO, sir
Collins said his house was but 125 feet
from the wrecked depot The explosion
broke two windows in the house and
stopped a clock. He and his mother and
three brothers were Weakened by the blast,
but none had curiosity enough to look
out and see what had happened They
went back to bed and to sleep. Collins
said he knew Steve Adams but hadn't seen
him around Independence for some time
prior to the explosion.
l.. +. Taylor of Independence, Colo, a
miner and former member OF the Western
Federation of Miners. also testified as to
the action of the blOodh0unds in taking
the scent twice from the wire and chair
round at the depot and running to AL.
Beemore's house.
who was Beemore?' asked DarrOw.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29

SaItaIr Sunday Concert
2 to D. m. Fort Douglas Military
band.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
independence Explosion.

that he had never talked to steve Adams
on the subject.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29

that he had never talked TO steve AoaHs
on the subject.
independence Explosion.
Easterly said he lived about a quarter
of mile from the Independence depot
Adams about a mile away, and orchard
about an eighth of a mile.
He was examined very closely as TO
whether any of the men working AROUND
the Independence depot were union or
non-union miners.
EasterIy said that so far as he knew
they were all non-union men working In
unfair mines.
'One of the men killed by the explo-
siOn." he said, had been member Of
the union"
No Internal Machine.
when you left your house the day
after the Independence depot explosion
did you leave an Internal machine under
the floOr?'
mo. sir"
"A shotgun
mo. sir; l left two rifles"
Let's see; you kept IN your house two
rifles. a shotgun. a six-shooter and an
internal machines"
mo. sir.
What did you keep"
Il kept a shotgun, two rifles and a six
shooter"
Internal machine is rather indefinite"
suggested Attorney barrow of the de-
Tense.
Not to an expert" rejoined Senator
Borah.
"Then you may know about it, but
don't" declared barrow.
We'll, if l don't, we have a witness
who does said the senator.
II guess that's So" commented Mr.. Oar
row.
Threats Made by Orchard.
Senator Borah quickly brought the
CrOss-examinatiOn to close. on the re-
direct examination Mr.. Darrow asked
Easteriy said he saw him in the bunk
house in the presence OF twenty or thirty
other men. The threats made by Or
ChaTd in 1903 We're then taken up and Mr..
barrow asked when the fact that Orchard
had made these threats came back to his
memory.
Easterly said he remembered them i'm
mediately after Orchard was arrested
And you at once went to the attorney
for the federation and reported it to him.
Yes, sir
Easterly said the crime was attributed
TO the Western Federation of Miners by
some of the papers long before Orchard
confessed
On e-crOSS-examination EaSterly said 1t
was in January, 1906, and not February,
that he first told Nugent about the Or
chard threats. He was asked If he de
sired to modify his statement that he
had not told the lawyer until after Or
chard's confession, but declared that he
did not believe he had made that state
ment
That's it" said Senator Borah
you told Mr.. Nugent as soon as the
matter came TO your mind. did you?'
quickly put in Mr. Darrow.
yes sir; | did
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29
Had No Suspicion.


mo, sir. / had no idea Orchard had
The only criminal thought 1 knew of was
his proposition to mutilate coin"
did you ask him why he didn't change
his clothes in his own room?''
NO He said he wanted to get back
to Denver and unless he was disguised
he feared arrest for being connected with
the strike"
Didn't il occur to you that he was
Disgusting himself to get out of San Fran
ciscO?"
mo sir. / gave no thought to that"
Copley said he never saw Pat Moran
at any place but at his saloon in Chey-
enne.
How did you happen to go to Moran's
saloon?'
at was the first one / struck going ND
the street from the depot replied the
witness amid laughter.
Who was the old friend who told you
you had better leave Denver"
"A member of the police and fire board. -
What was his nsme?''
We'll, it didn't come direct from him
to me. 1t came through a third party
whose name l have forgotten
But who was the original friend?''
ct. S. Kemp"
Did Orchard say anything to you in
San Francisco about Pettibone being his
banker?'
No"
Taking up the redirect examination, At
torney barrow asked:
Did Orchard tell you he had blown
up the Bradley house?"
We'll, the inference was that he had
had something TO do with ii, but 1 didn't
take any stock in the man and didn't be-
lieve he had"
Court here adjourned until a. m. to-
morrow.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-29

He was a deputy sheriff and at one
time marshal of Independence"
Was he in the employ of the mine own
ers?''
He was generally supposed to be-
The last answer was stricken out as
hearsay.
On cross-examination Taylor said he
saw Beem0re at the-depot the morning
after the explosion. Attorney Hawley
tried to show by the witness that Bee
more had gone to the scene of the ex-
plosion Immediately after it occurred, and
then returned directly to his hut. Tay-
Tor said Beemore was there early the fol-
lowing morning. He could not say as to
his presence Immediately following the
explosion.
Taylor said he had not been a member
of the union for a year prior to the wreck
ing of the depot. He was not arrested or
otherwise disturbed during the reign of
martial law.
Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1907-02-28

bsreefunSenen ainher. BE 9raut ben
9eliebten umarmten ano lie iih gdx
niht ipieber au tr.nnsn Dermp6ten,
aIs fiir9tsten iis. iih gum 5ipeiten
Male 3u OsrliereH. ba bIieb .ein Quss
troden, unb ielbit mir ultem 8naben
rannsn bide Shrdnen iiber bic @ans
gen.
Seit isnem furdtbaren grlebnife
burfts Riemanb mehr bic &lippe Bee
treten, unO Oermut6lih 1T ie ieBt
gang 6eIeitiet; mir uber pirb iener
Gag unperaeblih bleiben.
So i4lOB Sntel PhiIipp feline @r'
adhluna.
Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1907-02-28
Gin ero6es SoHorar,

3tpsi S9riftiteIIsr trsffen Ii6 ua6
5sbnidbriser srennuns.
~Ru", fugt Der cine. ~sttpas p.is
ter babe i'd es ia fsitbsr ssbra6t.
Wieh 8erleser 5abIt mir fir isben
Roman 10000 Marf.~
Limb ipiepiel Dorte bat 70 elm
Romun2"
Der bat 5000 3eilen gu 10 8ors
ten. alfo 10000 Dorts."
Damn iIt bic Summe gar ni6ts,
iiebit Ou. i'd babe sinmal fir itoss
8ort 10000 Wart Sonprar bstpms
menl"
rllnm0gIi9!"
rRsin nirtIih, es bra6te mir
$4,000 Wart Elm, als i'd meiner
5utiinftisen Grau f6rieb: Sd bite
um Sbre Sanb."
Scranton Wochenblatt. [volume] (Scranton, Pa.) 1865-1918, 1907-02-28
Huf umtpeeen.

3pei Sournaliiten treffen Ti9 naa
lGnserer 3eit pieber siHmdG.
rRun, fir peIdes 9Iatt arbsitsTt
bu iebt9" frast u.
sd bin nidt msbr iournaIiitiI6
tbGtis", srtpibert g., init Der
S9riftit.llersi 1T beute nihts mtbr
gu DerOieneR. Sd babe mid Oess
bulb einsm IobnsnosreH, faufmGnris
i9en griperb 5useipenoet."
LIMB mas biit bu isBt9~ = rM6s
belbGnoIer!~ So, bd Dertaniit
ou ipobl bisl Ml0beI2" .aeiesr
nein. biz isBt nur bic msinisen!!-
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1907-07-20
In the District Court of Guadalupe
County. New Mexico.
Carl GEARHARDT,
Plaintiff,
vs.
II. +. LUsMAN, ct al
Defendants.
Opinion.
Civil.

This is a suit in equity brought
by plaintiff, Gearhardt, to restrain
the defendant distraining and SELL
ing certain cattle, the property Of
plaintiff, for trespass upon grow
ing crops. 1t is submitted upon
an agreed statement Of the facts,
and only one question of law is in
volved, namely: Can livestock be
taken up and sold under our stat
utes for trespass upon growing
and cultivated crops which are I'm
fenced2
This is a question Of consider
able Importance in certain por-
tons of the territory, which are
being rapidly settled up with
homesteaders, and actual settlers
upon public lands which have long
been used as open range by the
cattle men and sheep men of the
country, and have been request
ed by counsel to give a short
written opinion as to the law on
that subject.
There has been considerable
legislation in years past by the
different legislatures of the Terri.
tory with reference to trespassing
animals, and there appears to be
some confusion in the statutes
themselves with reference thereto.
A common law, as it prevailed in
England and the eastern portion
Of the United States at the time of
the passage of the Organic Act,
every man was compelled to keep
his stock within an Enclosure, or
upon his own land; but it has been
held by the Supreme Court of the
United States, as well as by our
w Supreme Court, that the COM
mon law in that respect never be-
comes a part Of the law of this
Territory. In p. V. & N. +. V
C~azier, 79 Pacific Reporter, page
ia, our Supreme Court said
The strict common law doctrine
as it prevailed in England, that
every man is compelled to keep his
stock within an enclosure or upon
his own land, was never applicable
in this Territory, where, by long
established custom, animals have
been permitted to range at will up
on the unenclosed and unoccupied
lands OF others without liability
tor trespass." Aid this doctrine
generally prevails over all the
western and southwestern states
and territories, where from time
immemorial cattle have been allow
ed to roam at will upon the open
range. Buford V. Houlz, 1873, u.
S. gao.
This being true, if any author
ity exists for the taking up and
selling of stock for damages to
growing crops which are uninclos-
ed, 1t must be by statute, and we
must look to the statutes of this
The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1907-07-20

W lSI' INCLUSIVE, pIONlutu IL ISIn-
edy for the collection Of damages
done by stock upon growing crops
and laid down the process by
which such damages might be col
lected, in which it was provided
that the stock might be turned
over to the Justice of the Peace,
who should keep them in custody
and issue his writ OF execution,
upon which the animals commit
ing the damage, or such portion
Of them as was necessary to paw
same, might be sold. Section I52,
however, provided that before
damages for the breech mentioned
in preceding sections could be
collected, it must be proved that
the enclosure was a legal fence,
and then proceeds to describe what
shall be considered a legal fence
under the laws of this Territory.
This law vas passed in 1873
and remained the law of the Ter
ritory upon the subject until 1901,
when Secs. I45 to ISL, inclusive,
were repealed specifically by
Chapter OF of the laws OF 1901,
which provided another remedy
for damage Or injury done to any
field sown with grain. 1t will be
noted, however, that Sec. I52,
supra, which provided that such
damage or breaches could only be
collected in case of a legal fence,
still remains in force and was APP
parently purposely so left by the
Legislators, indicating that while
the remedy was changed for col
lecting the damages, yet the dam
ages for trespass might only be
collected where the legal fence de-
scribed in Sec. I52 was maintained.
The Legislature of 1908, by en-
acting Chapter 70, again provided
that all damage or injury done to
any cultivated field sown with
grain, corn, vineyard, orchards,
alfalfa, or other sown domestic
grasses and to all lands fenced
and enclosed as now required by
law in this Territory, shall be
paid for by the owner of the ami
mails committing such damage or
injury, after such damage shall
have been appraised, etc, and
then provides a remedy by taking
up such animals and turning them
over to the Justice of the Peace to
be sold upon execution for such
damage.
This provision was amended,
slightly, by the Legislature of 1905,
adding a proviso to the first sec
ton of chapter 70, Laws of 1908,
which does not effect the question
at issue, but only the remedy or
procedure for the collection of
damages.
The language of Sec. of Chaps.
-, above quoted, is peculiar in
that it provides hat all damage
Or injury done to any cultivated
fields, etc. AND to all lands fenced
and enclosed as now required by
law in this Territory shall be
paid" etc. 1t will be noted that
the word land" between cult
Continued on Page al,
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-24
MANAGERS DENY
BIG THEATRICAL
COMBINE STORY
Belief, However, Prevails
| hat Cox Tried to
Effect One.

NEW YORK, April 24-FIat and un-
equallded denial is today made. both at
the offices OF KIaw & ErIanger, man
agers OF the theatrical syndicate. and at
headquarters Of the Shurbert- Brothers.
the ''king-pins" Of the independents, os
the report handed about the country
that a consolidation OF the two organi-
cations had seen effected by George B.
Cox. the former political boss of Gin
cinnati, who IS heavily interested IL: the
Shubert enterprises
It's all new 10 me, and looks strik-
ingly like newspaper pipe" said Lee
Shubert. when the question was put to
him.
Haven't heard a word of it," said
Abe ErIanger, because there is not
word to hear. There's nothing 10 il.
It has not even been considered %
Notwithstanding the deniaIs of the
principals and the general belief along
Broadway thatsthe consolidation at this
time Is out or the question, there is
undoubtedly ground for the rumOrs
which are in circulation. There is good
reason for believing that Cox has en-
deaVOred TO effect a consolidation. Just
what success has attended his efforts
would be hard 10 determine. but il is
believed negotiations are stin pending,
and consolidation some time in the fu-
ture is by no means impossible or even
improbable.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-24
Arnold DalU'S jealousy
Out-ManSfieldS" Richard.
Bruised Actress SaUS
Jennie Eustace Going to
Leave Company, But
Actor Denies
Everything.

NEW YORK, April 2f-That he out
Mansfelded" Richard is the clsarge
which Miss Jennie Eustace has lodged
against Arnold DAILY the star of The
Boys Of Company B. in which the two
are appearing at the Lyceum Theater.
AS a result of the actress complaint she
viii leave the company May / In the
meantime Daily, who already has some
reputation as a scrapper and fndiscrim-
ate hurler Of stale beer, is busy explain
ing 10 fellow members of the Lambs
Club that he never struck the lady,
In one scene of THE BOYS of Com
pany b" Miss Eustace who is Days
stage mother-in-law. is backed through
a door by the star. According 10 the
actress claims. exceptionally generous
applause which she received the other
evening during the scene caused Daily to
take hold of her hand and hasten her
exit.
The next evening she saws the star
became further angeTed and seized her
py the shoulder forcing her through the
door so roughly as TO leave black and
blue spots on her shoulder.
Then came the rub. Each Of the prin-
cipals in the little feud took It on the
run Tor Manager FrOhman's Office.
DAILY got there first Miss Eustace win
resign.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-24
Managers Here
Gipe No CredenCe
To the RumOr

Little cTedence is given in Washington
to the report that a merger is con-
templated BY Klaw & Erlanger and
the Shuberts. Dispatches today from
Detroit and Cincinnati recount the de-
tails OF a combine of the syndicate"
and independent" forces as emanating
from George b. Cox, of Cincinnati, who
is said to be interested in the Shubert
business to the amount OF S3OGOO0
/. Stoddard Taylor, manager of the
BelascO TheaIer, the ShubeTL and Bel
asco house in Washington, said this
morning that he had heard nothing
of any such merger and that, although
he had no information from New York
he thought such thing highly inn
probable.
w. II. RaDlev. OF the National The
ater, at whose house the Klaw & Err
LANCER productions appear throughout
the season, know Lothiuy beyond The
newspaper reports, ~uI VSuchsdted the
opinion that there was no probability
OF the syndicate" and independent"
forces coming together.
II is understood that George B. Cox
is backing the Shubert enterprises, and
the announcement coming apparently
frCm him at least adds interest TO the
theatrical situation. While such IL ar
rangement has been talked If before
persons who are familiar with the situ-
alton take the matter as something
go into partnership, so to speak, with
the syndicate 1t would mean both Da-
vid Beiasco and Harrison Grey Fiske re-
ceding from a position they took a long
time ago, and which they shen ana
ever since have declared absOut,Iy Iy un-
changeable.
The great fight which Belasco and
Fiske have independently made against
the syndicate is a matter of theatrical
history and as both have. after years
of uphill work, fortified their position
by the establishment of chain of
theaters in conjunction with the Shu-
berts, the reported alliance seems out
Of The question
ready have as many theaters as they
can now ill
At the same time no one in Washing
ton is prepared TO say just how sig
nificant the alleged assertion of Mr.
Cox may be. de is interested in the
New York HippodTome to a large ex-
tent.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-24
THE WEATHER REPORT.

The Mississippi valley storm of Tues
day morning has moved to the coast Of
Maine. with greatly increased intensity
It has caused high winds and squalls
in the Ohio valley the Middle Atlantic
States. and generally along the Atlantic
coast from Florida TO New England
Rain has fallen in the lake region. the
ohio valley. and the Atlantic coast dis
tricts, and snow in the Rocky mountain
region, north Of Colorado. The tempera-
Iure is 10 10 IA degrees below the sea
sonal average in the northern Rocky
mountain region, the lower lake region.
and the Ohio valley.
Fair weather is probable tonight and
Thursday IN the South and in Atlantic
coast districts. Rain is indicated for
the Ohio valley and the lower lake
region. It VIII be slightly colder tonight
in the Middle Atlantic States
Storm warnings are displayed from
HatteTas 10 Eastport
Steamers departing today for Euro
pean ports VIII have brisk TO high
westerly winds and fair weather to the
Grand Banks.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-24
co
To JAMESTOWN
IN YACHT FLEET
MayfloWer, Carrying the
Presidents Party, viii
Lead the Way To-
morrow.

Between 2:50 and 6 o'clock tomorrow
afternoon a small official fleet of war.
maritime and pleasure craft win san
from Washington down the Potomac to
The jamestown Exposition. In the feet
viii be at least half a dozen vessels,
headed by two guuboat yachts and "a
revenue cutter.
The first TO sail from Washington viii
be the Mayflower, carrying the Presi-
dent and his party. None Of the other
vessels viii be permitted to pass or draw
near 10 this vessel
The second 70 start NviH be the Dol
phin, which win carry Secretary of the
Navy Metcalf and his party of person
ally invited naval officials, members Of
zCongress, and friends.
The steamer Newport News viii leave
al O'Clock, carrying members of the
Cabinet and the fCIeign diplomats under
the personal escort of Huntington VIII
son, Third Assistant Secretary of State
The steamer jamestown Will carry the
Official Congressional party.
Assistant Secretary Of the Treasury
Edwards ana a personally invited party
will go down on a revenue cutter.
Other parties of naval officials and
their friends will make the trip during
the day on navy tugs.
Large numbers of Washington people
having large sailing yachts viii make
the trip during the day. carrying par
ties OF friends
Complete plans at last have been made
for the departure of the official parties
from Washington to the exposition, and
by the close Of today the invited guests
viii be officially Informed as To the ar
r2ngements. Owing TO q condition Of
chaos that has been manifest in aU
branches of the Government where ar
Continued on Page Twelve)