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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25

First publication February II, 1908
Order Hearing Petition for Sale of
Land
State of North Dakota, county of
Burleigh.
In county court, before Hon. M. j.
Mckenzie, judge.
In the matter of the estate of Ole
Olson, deceased.
Gust. w. Peterson, petitioner, VS..
John Olson, olin Olson, Margaret Yves.
tin, Carrie Peterson, Andrew Olson
and Inga Olson, respondents.
On reading and filing the petition
of Gust. w. Peterson, administrator
of the above entitled estate setting
forth the amount of personal estate
that has come to his hands, and the
disposition thereof, the amount of
debts outstanding against said de-
ceased and the expenses of admins
tration, a description of all the real
estate of which said deceased died
seized, and the condition and value of
the respective portion thereof; and
praying that license be to him grant
ed to sell the following described
land belonging to the estate of said
Ole Olson, deceased, to-wit:
The east half e ~ southeast
quarter (SE W, of section fifteen
(15), in township one hundred forty
two (142), north, and range eighty
one (S1), west of the 9Th P. M.
And it appearing by said petition
that 1t is for the best interests of the
said estate that said above described
real estate be sold and that the wild.
ow, said Inga Olson, does not desire
longer to live upon and continue her
home upon said tract.
It is, therefore, ordered that the said
petition be heard and considered by
the judge of the county court of the
said county of Burleigh, at the court
rooms of said court in the county
court house, in the city of Bismarck,
in san county, on the 21st day of
March, A. D.. 1908, at 10 o'clock, in
the forenoon Of said day.
1t is further ordered that all per.
sons interested in said estate, appear
before the judge Of this court at said
time and place, and then and there
show cause, If any there be, why said
petition should not be granted.
By the court:
Seal M. j. MCKENZIE
Judge of the County Court
Dated the 9Th day Of February, A.
D., 1908.
Let the service OF the above order
by made by publication thereof In the
Bismarck Daily Tribune for four sue
cessiye weeks.
M. J. MCKENZIE,
Judge.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25

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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25
(First publication Jan. IA, 190S)

SUMMONS
State of North Dakota, county Of
Burleigh.
In district court, Sixth judicial dis
trict.
August T. Soiberg, plaintiff, VS.. Emil
F. Wotz, defendant.
The state of North Dakota to the
above named defendant:
You are hereby summoned to an
swer the complaint in the above en-
titled action; which complaint is here
to annexed and herewith served upon
you, and to serve a copy of your an
sWer to said complaint on the sub
scribers at their offices in the city Of
Bismarck, Burleigh county, North Da-
kota, within thirty days after the ser.
vice of this summons upon you, ex.
elusive of the day of service; and in
case OF your failure to appear Of an
swer, Judgment will be taken against
you by default for the relief demanded
IN the complaint.
Dated at Bismarck, N. D., November
is, 1907.
cOCHRANE & TAYLOR,
Attorneys for Plaintiff,
Bismarck, ND.
To above named defendant:
Please take notice that the sum.
mons and complaint in the above en-
titled action were filed in the office
of the clerk of the district court Of
Burleigh county, North Dakota, on the
18th day of November, 1907.
CoCHRANE & TAYLOR.
Attorneys Cor Plaintiff,
Bismarck, ND.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25

Benson county. Hon. w. j. Knee
shaw, Judge presiding.
R. A. Stuart; McClory & Barnett;
Bangs, Cooley & Hamilton, for de-
PENDANT
T. F. McCue, for respondent.
Judgment affirmed.
Opinion by Fisk, J.
All concur.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25


and also demand. Under the issues
the sole question in dispute, aside |
from the question of the value of
the horse and damages, was whether
at the time plaintiff purchased the
horse she had actual or constructive
notice of defendants chattle mort
gage, and there was conflict in the
testimony upon. this question.
Errors in instructions and errors
of law occurring at the trial do not
constitute grounds for the motion
for Judgment notwithstanding the
verdict.
The refusal to give certain request
ed instructions which in the abstract
embraced correct statements Of law,
Held: Not error under the state of
the proof.
| Error is assigned upon the giving
of the instruction relative to the
burden of proof No foundation was
laid for such assignment by proper
exception to such instruction and
hence the same cannot be noticed.
The exception is too general. The
particular portion of the charge COM
planned of must be specifically ex-
cepted to and where the portion of
the charge embraces, as it does in
this case, several paragraphs and as
many distinct subjects, the excep-
ton is bad,
Even if such instruction had been
properly accepted to@it would not
avail defendant, as the burden of
proof under the issues was upon de-
! PENDANT.
Defendants chattel mortgage was
not properly witnessed or acknow-
! lodged so as to entitle it to be filed,
and hence the filing of the same did
not operate to give constructive not
ice thereof.
The instructions given relative to
the law of notice examined and Held:
I 4NoC RIcJuulCld1 cFFOT.
4 1t was not an abuse of discretion
to permit certain testimony to be in
troduced by way of rebuttal, even, if,
! strictly speaking, it was a part of
plaintiffs case in chief.
! Certain other rulings regarding the
admission and rejection of testimony
considered, and Held: Not error.
Appeal from the district court of
Ransom county. Hon. F. P. Allen,
Judge.
Chas. S. Ego and F. S. Thomas,
for appellant.
Rourke, Kevello & Adams, for re-
spondent.
\ Judgment afI1rmed. s."-sss--,4-ea=
4 Opinion by Fisk, J.
All concur.
Nv. II. Schuyler, appellant, VS.. r. z.
/ Wheelon and S. w. Wheeion, re-
/ spondent.
An executory contract for the sale
of ain interest in certain real proper
! ty for townsite purposes not exceed
| ing thirty acres in extent to be Sc
lected and plated into blocks and
4 lots by the grantee from a larger
tract which is specifically described,
Held: Not void on account of un-
certainty of description.
4 The contract provides a method
for determining the property to be
sold and this was sufficient. The
maxim that: "That is certain which
can be made certain" is applied.
Appellants contention that the
contract was void under the statute
of frauds is not available to him in
this court as such defense was not
raised or passed upon in the court
below.
| Appeal from the district court of
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25
SUPREME COURT
Three Interesting Decisions
by Highest Tribunal
in the State

Ole Hanson, respondent, VS.. Carl
Cronkie, appellant.
A complaint in justice court which
is sufficient to apprise a person of
common understanding Of the exact
nature of plaintiffs demand is all the
law required.
The rulings of the lower court in
overruling defendants demurrer to
the complaint and in denying his mo-
ton for an order requiring the COM
plant to be made more specific, are
sustained.
Defendant appealed from the JUS
tice to the district court upon ques-
lions of law alone under Sec, S501,
r. c., 1905 where he was defeated
upon every point urged. Held:
That it was not error to thereafter
refuse to grant him trial upon the
facts in the district court.
A trial upon the merits is permits
sible in the district court only where
the decision upon such appeal re-,
opens the case for the trial Of an is
sue of fact.
The justice took an adjournment
of the case from Saturday evening,
Dec. LIST, to Monday, Dec. Ord at /
O'Clock p. M, the docket entry being
as follows: cease adjourned till
Monday at o'cock p. M" Defend
ants contention that the justice
thereby lost jurisdiction because
such docket entry was not sufficiently
definite as to the adjourned date was
properly overruled.
Appeal from the district court of
Sargent county, Frank p. Allen
judge.
o. S. Sem, for appellant.
II. B. Thompson and Rourke, Kvel-
10 & Adams, for respondent.
Judgment affirmed.
Opinion by Fisk J.
All concur.
Cattle Pease, respondent, VS. BoIand
MaqiII, APPELLANT.
Cattle Pease, respondent, VS.. Roland
Magin, appellant.
AT the close Of plaintiffs case in
chief, defendant moved for direct
ed verdict, which motion was denied.
Thereafter defendant introduced
testimony in support of his defense.
Held: That he hereby waived the
error, if any, in denying said mo-
ton.
Error is assigned in overru1ing de-
PENDANTS motion for a directed YER
dict made at the close of all the evil
dence, and also his motion for judg-
ment Notwithstanding the verdict
These motions were properly over
ruled. The action was in claim and
delivery to recover the possession
of horse. The complaint contained
the usual allegations of ownership
and right to possession in plaintiffs;
also detention of the horse by de
PENDANT and prior demand for pos
session, etc. The answer contained
no details, either general or specific,
but alleged right of possession
under a chattel mortgage executed
by former owner of the animal.
The motions were predicated upon
an alleged failure to prove ownership
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25
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Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-25

USE TRIBUNE WANT COLUMNS.
The morning journal-courier., 1908-03-28
NEW GILLETTE PLEA
Family Advances Claim That Girl Was Drowned in Fit
 of Epilepsy.
THREE NEW WITNESSES
Governor May Grant Respite So That New Evidence May be
 Heard.

Albany. N Y. March 27,-Evidence to show that Grace Billy" Brown suf- fered from epilepsy at Otselic, Chenan- go county, to support a new theory that the girl had a fit when she was drowned in Big Moose lake in the Adirondacks, it was learned tonight will be presented to Governor Hughes tomorrow morning in an effort to have the governor grant a respite for Ches ter Gillette, condemned to die in Au- burn prison next week for the murder of the girl Gillette's father, mother and aunt who are here seemed to be confident the governor would grant the respite so that the alleged new evil dence can be presented to court In support of a motion for a new trial
 Three witnesses. said to be two wo- men and a man, none of whom appear ed as witnesses at Gillette's trial, are to testify before Governor Hughes in the executive chamber in support of the application for the granting of a respite.
 It was learned that counsel for the Gillette family will endeavor to show that Grace Brown met her death acci- dentally: that while in the boat with Gillette she was seized with an epilep- tic fit and drowned and that the dis colorations on her face when the body was found were due to her head coming in contact with the boat.
The morning journal-courier., 1908-03-28
BRIEF FOREIGN NOTES

Etang nu Nord. Magdalen Islands. March 27-Two men have perished and many others have suffered severely during the recent operations in this re- zion of the Nova Scotia sealing fleet.
 Paris. March 27.-Henry Farman. an English aeronaut. met with an acci- dent at lssv to-day. He was maneu- verine in his aeroplane. which was travelling at the rate of sixty miles an hour, when the left wing of the ma chine struck the ground.
 St Petersburg. March 27.-The com mittee whose duty it is to pass on the qualifications of army officers. compos- ed of Grand Duke Nicholas. Minister of War Rudiger. and other officers of high rank has asked Generals Fock and Reiss to resign their commissions These two officers were charged with complicity in the surrender of Port Arthur to the Japanese.
 Liverpool. March 2T.-'sThere is ab- absolutely nothing I can say regarding my reported engagement to Miss Kath- eroine Elkins. said the duke of Abruzzi when asked for a statement to- day regarding the rumors in cireula- ton since his departure from the Unit cd States. The duke arrived here this morning from New York on the steam CT Lusitania. He emphasized the per sonal prpnoun in his statement. and in timeted that any announcement must come from another source.
The morning journal-courier., 1908-03-28
LOCKOUT IN EFFECT
Cigar Manufacturers Make Good Threat to Close
 Shops.
UNION MEN ARE DEFIANT
Over Four Hundred Out of Work Temporarily-No Breakers
 Engaged.

As the result of the refusal of the employees of the John r. Kifeather ci- gar factory to go back to work under the shop conditions which the manage ment has decided to put into effect, the members of the Cigarmakers' union will find the factories of the manufac- turers who are in the agreement closed 10 them this morning. It was decided last night to put the lockout alterna- tive into effect this morning and 400 men are temporarily at least. thrown out of employment by this decision of the manufacturers.
 The principal manufacturers who are in the lockout agreement and who yes terday afternoon finally decided on this method of dealing with the men are: Frederick D. Grave John P Kifeath- CT, A Kafka & Go, lewis Osterweiss G Sons, Thomas Cunningham & Co.,, John F. Scholl & Co, Julius Laske, Martin J. Whelan. Edward Tobn and several others.
 This action on the part of the manu- lecturers was decided upon only when it was found that by no other method would 1t be possible to get the em- ployes at Kilfeather's, who are being supported by the other members of the union, back 10 work. The manufactur- CTS once put of the date of the lock out in order to give the men more time to consider the matter, but the men refused to work under the shop condi- tions which the employers insisted up- on and so last night was set as the final tipe for the locKour. The men were paid off last night and at that time stated they would continue in their present course and at o'clock the manufacturers declared the lock out.
 At the kilfeather factory last night there was a conference between the manufacturers and the national officers of the cigarmakers, c. R. French of Louisville, Ky, and ]. C. Farrell of Chicago MT. Farrell and Mir French. according to member of the union. are trying to get the union men to go back 10 work under the new shop con- ditions, the employers granting a few concessions, but the union men have refused. This refusal, it Is said. was not unanimous.
 The lockout of these 400 men will se- riously tie up the cigar manufacturing in this city ss practically all the lead ing factories will be closed. Up to the present time no effort has been made to get strikebreakers and it will prob ably be week before the manufactur- CTS decide upon such action.
The morning journal-courier., 1908-03-28
JOHNSON IS WILLING
Democratic Governor Will Ac- cept, But Will Not Seek,
 Nomination.
ISSUES SIGNED STATEMENT
Will Not Allow His Name to be Put Up for the Purpose of Defeat
 ing Bryan.

St. Paul. Minn.. March 27.-Gover- nor John A. Johnson of Minnesota made specific declaration to-day that while he had done nothing and will do nothing towards gaining the democratic nomination for president, he will not refuse the honor if it is rendered him. The governor made this statement in letter to swan J. oils Swedish-American Post. who had asked for a declaration on the sub ject The governors letter follows:
 T do not believe that any American citizen should be an active, open can ddate for the nomination to the presi- dency Any American would appreciate the high honor which could come to him in being selected as standard bear CT of his party While I recognize that the press has had much to say about me in connection with this high office, have hitherto avoided any public or private expression regarding my posi- ton
 MdtleiS DdNb pTDRTtSStN SD ldT, however, that it seems to me that I should at least say in answer to your Interrogation. that if the democratic party of the nation believes me to be more available than any other man and felt that hy my nomination could con tribute any service to the party and to the nation should he happy to be the recipient of the honor which it would thus confer
 q have done nothing and will do mo- thing in the way of organization to bring about this end and shall not be candidate in the sense of seeking the nomination.
 Tn this connection I desire it under stood that in no sense am I to be a candidate for the purpose of defeating MT. Bryan or any other man; that the only consideration which would induce me to allow the use of my name would be the feeling that I might he neces- sary to the cause. If the Democratic party should see fit to nominate Mir. Bryan or any one else the action would meet with my approval and the nom- inee certainly would have my unquali- fed support as I should expect his SUD- port if conditions were reversed"
The morning journal-courier., 1908-03-28
TELEGRAPHIC BRIEFS

Kansas City, Mo. March 27.-Schoel was resumed to-day at the Bryant public school in Wyandotte county, west of Kansas City. Kan, where, on Tuesday last. the entire staff of women teachers walked out and refused to conduct their classes.
 New York. March 27.-This has been New Works warmcst March 21 on the records of the weather bureau. At 2.30 o'clock the official thermometer regis tered T8 degrees. which was ten de- grees baimier than tho previous higa record of 65. which was made by the weather three years go to-day.
 Seattle. Wash. March 27-Troops have been ordered from Fort Seward al Haines Alaska, to preserve order at the Treadwell m.nc5. on Douglass Is land where 500 miners have gone on a strike They have threatened to blow up the works if troons are landed. Ten kegs of dynamite were stolen yester- day from the mine stores.
 Washington. March 27.-John Sharn Williams of Mississippi the democrat ic leader in the house to-day gave no tice of his intention 10 introduce t8- morrow a resolution ~to ask the com mitfee on the judiciary to examine whether cr not there has been, on the part Of the executive. a breach Of the privileges of the house of representa- tives
 Seattle. Wash March 27.-Within inc next fortnight work will he begun ou what will be the only Buddhist churca in the United States. owned by a BUdd hist organization. the building standing on ground also owned by the societr The pastor is now in Janan and vii bring back an image of Buddha. foi which a place has been resereved il the chapel.
The morning journal-courier., 1908-03-28
Southerner, on Way to Deliver Temperance Lecture, Ob- jects to Negro's Drink
 ing on Gar.
BYSTANDER ALSO WOUNDED
Representative Heflin is Held in S, 900 Bail on Charge of Assault With Intent to Kill-Negro
 May Die.

Washington, March 27-In an af- fray on a Pennsylvania car tonight a negro and white man were shot by Congressman Thomas J. Heflin of Alabama. Thomas Lumby, the negro, was shot in the head and is in a crit ical condition, and Thomas McCreary, New York horse trainer, is suffering from a wound in the leg. The shoot ing of McCreary was accidental. MT. Heflin was arrested and taken to the Sixth police precinct station where a charge of assault to kill was lodged against him. Later he was released on $5,O00 bail,
 The shooting occurred shortly after [ o'clock on car bound for Capitol Hill. Congressman Hefiin, accompan- jed by Congressman Edwin J. Eller- be of South Carolina, had boarded the car at 18th street and Pennsylvania avenue, Mir. Heflin being on his way to deliver temperance lecture at the Metropolitan Methodist Episcopal church. 12 street, and John Mar shall place. Upon boarding the car he observed two negro passengers, one of whom was Lumby. Lumby was in the act of taking drink from a bot, tie of whiskey. There were a number of other passengers, including sew eral ladies.
 MT Hefiin demonstrated with Lumby and asked him to stop drinking, say ing: Don't take that drink. there are ladies here and it is not right. It is against the law for you 10 do this thing in a street car and I hope you will put that bottle away The other negro, who was sober, attempted to take the bottle away from his friend. but fail- ed. It is charged that Lumby became offended at MT. Heflin's remonstrances and applied vile epithets. Heflin and Lumby then engaged in desperate struggle. MT. Hefn succeeded in throwing Lumby off the car as 1t came to stop. Most of the occupants of the car hastily alighted. including Mir. and Mrs. Thomas McCreary. The ne- gro began cursng Mir Hefiin again, and made a motion toward his hip pocket as if to draw a weapon, where- upon MT Hehin fired at him through the car window. missing him and hit ting Mir McCreary, who was about twenty feet from the car. Mir. Hefin fired once or twice again, one of the shots striking Lunby in the head above the ear
 Lumby, though badly wounded and unconscious, has a chance to recover. His skull was fractured but the sur geons are unable to ascertain tonight whether the bullet entered his head.
 At the police station MT Hefln gave his reason for going armed. He is the author of Jim Crow car bill in the District of Columbia, and he says that since he introduced the measure he has received many letters of a threatening character, and he obtain ed permission from the police authori- ties to go armed.
 MT. Hef1in represents the fifth Ala hama district in which is Tuskegee Institute of which Booker T. Washing ton is the head.
The morning journal-courier., 1908-03-28
LAD PAINFULLY INJURED
Meets With Accident While Playing
 Around ''The Old Mill"

Robert Tierney, aged nine years, of PA Second avenue, West Haven, met with painful accident while playing with some of his companions at Savin Rock. yesterday. Robert together with two or three other youngsters. were enjoying themselves watching the demolishment of the Old Mill. He was standing close to the large water wheel, when some of his playmates started the wheel revolving. One of the paddle blades hit the boy on the side of the head, slipped down the side of his face, nearly severing his ear, and ended up by smashing the lads collarbone.
 The wounded lad was first taken to the Hotel lime. then to Woods drug store. Dr. Phelps dressed the wound- ed ear, and the boy was taken home. Dr. E. R. Whittemore was called and further examination revealed the broken collarbone. Master Robert will be confined to the house for the three or four weeks.
The morning journal-courier., 1908-03-28
TWO DIE AT HOSPITAL
Thirteen Ycar-Old Girl Victim or
 Heart Disease.

The death of charles Blake, who has been at the New Haven hospital suf- fering with cancer of the throat since February 21, occurred at that institu- tion last evening. He was 5S years of age
 Rebecca Rosenthal. aged 13- died at the New Haven hospital last night or naralvsis and heart trouble. She was the daughter of Hyman Rosenthai and lived at 154 DixwelI avenue. She had been at the hospital since Feb. IS.
The morning journal-courier., 1908-03-28
TRAVELLERS STOCK GOES UP.

Hartford. March 27.-At a special meeting of the stockholders of the Travellers Insurance company held at the home office today a vote was passed confirming the action of the board of directors of the company in increasing the capital stock Sl.o00.00o- making the total capital stock s2.oo0.- COG. The new shares will be offered to the holders of stock on record Febru- ary q. at par. There will be 10000 shares at s1O0 a snare.