davidaulloa/AmericanStories huggingface dataset:
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
OIL CASE APPEAL
TO SUPREME COURT
ChT--bONAPARTE
The Attorney General Proposes
Other Means of Facilitating
Course of Justice.

Washington, Dec. 21-That the United
States should have the right OF appeal
to the supreme court of the United
states as matter, OF right. whenever
n conviction is reversed on appeal by
the defendant to a, circuit court OF ap-
peals. is the opinion expressed by Az;
tor.1ey General B5naparte in his an
1,ual report for the fiscal year ending
June 10, 1905. submitted to congress to-
day.
In this connection he cites the case of
the reversal OF the fine OF more than
$50, 300, ,000 in which an application for
the allowance Of writ OF certtorari
has been made to the supreme court.
lie holds that an amendment of the
present statute would be appropriate IN
the case OF all criminal proceedings, but
suggests that it would be especially so
in connection with prosecutions where
the wealth of the defendant usually
renders an apepal OH his or it's part
from any adverse judgment matter
Of course.
Az TO Arrests.
'"rhe United States has had occasion
of late years, and will probably have
occasion in FUTURE" he declared, TO
prosecute criminally many corporations
or other artificial persons. AS such of
tenders cannot be physically arrested ]
1t is obviously desired that simple
and convenient form Of process shall be
prescribed by law to have the legal
effect OF an actual arrest and remov-
al to the trial district in the case Of G
natural person"
In his opinion as matter OF justice
no good reason exists why q warrant
of arrest issued. by any court Of the
United Mates should not be directly
executed in any part Of the United
States He asserts that 1t has been
found that certain districts constitute
for practical purposes sanctuaries for
certain clnsses OF Offenders against
federal statutes. Heibelieves that there
should be law giving committing
magistrates of the United States au-
thority to issue search warrants when
stolen government property or any
property which It is a crime against tho
United States to misappropriate Is be-
lieyed to be concealed.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
TURKEYS DEBUT '7'
AS A MONARCHY. |!
Glad Event Is Celebrated in
Constantinople With Big
Jubilee.

Coas,antinopie, Dec. 19.-Turkey made
her bow as a full fedged constitutional.
monarchy today, when the new Ottoman
parliansent opened its first session. This
assembly was provided for in the consti-
tuition by Sultan Abdul Hamid last July,
and is the first body of it's kind to meet in
the empire for OYER 90 years The life OF
its only predecessor was brief, but great
hopes are entertained for the success Of
the newcomer.
Today was proclaimed q general holiday
in honor of the parliament. The decora-
tions are unprecedented, and most of the
population is in the streets eagerly dts
cussings the prospects of the new regime.
Practically every regiment in the comti-
snople garrison lined the route under arms
when the sultan drove to open the assem-.
bly, while school children along the way
sang hymns of liberty as the cortegs
passed.
Sultan Abdul Hamid. who granted
the constitution last July providing tor
this assembly. was everywhere greeted
with loud cneersng.; here VS. ~
seiib-anc. Of 1isor1er.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
GRAIN ASSOCIATION FOR
NEW TOWN OF MAv0

Wagner s. D., Dec. 23.-A Farmers
Cooperative Grain association has
been organized at Mayo City, new
town between Wagner and Avon, with
a Capitalization of s25,OOO. The asso-
ciation will erect an elevator as soon
as the switch is completed, but 1t is
probable that some cars will be loaded
on track as there is considerable grain
in that vicinity that the owners are
anxious to market at once. The object
of the association is to handle grain
and live stock and sell coal. The OFF,
GERS are: Frank Kostal, president; John
Steckman, vice president. and j. G..
Pigsley, secretary and treasurer. The
directors are: Frank Kostal. John
Steckman. Frank Hakl, Joseph Kuca
and Charles Campbell.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
HANGED BY NECK
ON WINDOW SILL

Pukwana, S. D.. Dec. Changing
by her neck from the outside of the
school house window, near her home In
Charles Mix county, the 9-year-olL
daughter of Mr.. and Mrs. John Shu-
bert was found by the anxious parents
when they went in search of her in
the early evening, after her return from
an errand had been delayed beyond a
reasonable time.
The little girl had intended to take a
book home to neighbor girl. but had
passed the school house and gone on
her way nearly half mile when she
evidently found that she had forgotten
to get the book, and returned to the
school house near her home to get It.
AS the door was locked she raised q
window and had crawled part way
through when the sash descended and
pinioned her by the neck in such a
manner that she could not extricate
herself, and was left hanging in that
position with her arms and legs out
side the window.
It was evidently several hours after
tho accident that she was found by her
distracted parents and life was extinct.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
ROCKEFELLER SUES
AMERICAN FOR LIBEL

New York Dec 21.-On a charge of
criminal libel, made by John D. Rockefel-
Ter, jr, S. H. Carvalho, president of the
Star company. publishers of William r.
Hearst's New York American, vas ar
rested and arraigned In police court before
Magistrate Finn.
Mr.. Rockefeller. accompanied by his
counsel, Lawyer Murphy, appeared In Dis
trict Attorney Jerome's office early in tho
day and made complaint that the article
published in the New York American Of
December II, under a Chicago date of De-
cember 16. under the following headline.
"John ID. Rockefeller, jr.. Originated
Peonage in stockade, It Is Said.. tended
to injure his good name. reputation and
credit. and to make him appear ridiculous,
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
JUDGE SENTENCES
SEVEN FIREBRANDS
For Burglary and Arson Six Go
to Penitentiary and One
to Reform School.

Canton. S. D.. Dec. 22-Yeslerday
Clinton furnished six laborers lor the
state penitentiary twne plant and one
inmate for the state reform school as
II result of the recent arrests for burg
lazy and alson Judge Jones convened
court in special session and sentenced
the men who have confessed TO burn
ing the Mutual Lumber company and
Other properties. creating losses
amounting 10 Rany thousands of dol
lalS.
Those sentenced for burglary and
larceny are as follows:
Archie Hemstock. FIVE years for
Joe Anderson. four wears fer arson
and three Hcars for burglary George
Dunn. four years for arson and two
years for burglary: Marvin Stanley.
-four yols for arson: Will True. three
years forsNArslary: Lou Hemstock. two
years forSgrand larceny. Albert An
dc,#oii, being under IS years of age
was sent ~ the reform school until
he l. ol. Il
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
CHURCH FEDERATION IN
DAKOTA IMPORTANT

Huron. S. d.. Dec. 19.-The fact that
the Presbyterian, the Congregational,
the Methodist, the Baptist and tho
Evangelical association churches OF
South DalSta have started church
federation into which they are also in
Niting the other churches of the state.
speaks volumes of good for the future
religious welfare of the state: 1t means
cooperation in every good work. union
in evangelical work, avoiding the over
churching of new communities, the cul-
tivation of Christian fellowship and
making more manifest the real unity
on Christians. for all OF which there IL
to-day increasing opportunity and ur-'
Ses,t need.
Air. ada. one town, able to support but
one minister without outside aid. has
its three church organizations federated
into one under one pastor. to whom
they pay a living salary, and the three
denominations worship toset.ser. As
tho $4,000 communicates of the fed.e.ia-
ton council of the churches of Christ
in South Dakota proceed with the fed
GRAFTON as proposed, their combined in-
Nuence will be greatly increased. They
have wisely constituted an arbitration
committee as we'll as an executive COM
inttec. They have president. Rev.
Duane Rifenbark. Huron. S. D.; a sec
retary, Rev. j. E. Booth. DeSmet. 9.
| d.. besides a treasurer and three vice
| presidents.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
JUDGE is AN EXPERT
ON WoMAN'S CLOTHES

Chicago. Dec. 22-.tThat Judge Ger
tainly knows something about womans
dresses" Municipal Judge Walker.
Who is not a bachelor, received this
tribute today from Mrs. Victoria c..
Dray. 2032 Michigan ave. after he had
decided two suits she instituted against
George Gansky, ladies' tailor. Mrs.
Dray wanted possession Of two dresses,
which she alleged were .misfits." and
s22 damages for "misfit.' She donned
one of the suits in Judge Walkers pri-
vate room. then presented herself before
the court. "That gown is an inch too
long" promptly commented the judge.
Mrs. Dray, smiling, retired, to reap
pear in q moment wearing the other
Judge Walkers comment Judge Walk
er then entered judgment for Mrs,
Dray.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
SENTENCED FOR cR,ME
HE COMMITTED IN PRISON

Sioux Falls. S. D., Dec. 21.-When
arraigned before Judge Jones. of the
state circuit court in this city. Robert
Ames, who is serving a term of 20
years in the Sioux Falls penitentiary
for manslaughter committed in Charles
Mix county. entered a plea of guilty
to the charge Of having murderouslN
assaulted Steward Gill. of the peni-
tentia1y staff. A formal charge of as
sault with intent to kill was preferred
against Ames by MIR. Gill few days
ago. When taken before a local justice.
Alnes waived mis- preliminary hearing
and the case was taken directly to the
circuit court
Judge Jones announced that sentence
would be pronounced on Saturday OF
this week. The defendant was repre-
sented by w. G. Porter. assistant
United States attorney for South Da-
kota. AS Ames has about IA years yet
to serve the additional term imposed
by Judge Jones will have to be served
by him after he completes his present
term. Ames. on October 2, 1907, in
, an effort to escape, procured an or
der for a broom, and while Gill was
in the storeroom getting it. crept in
behind Gill and in the semi darkness
attacked the unsuspecting steward.
stabbing him five times and inflicting
| injuries from which Gill has not yet
! recovered. Ames was about to deal the
| death blow when prison attaches APP
| peared on the scene and disarmed the
| convict
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
sULLY WIDOW AFTER
HEIRS APPORTIONMENT

Dallas S. D., Dec. 21.--Once more
the famous name OF Sully is brought to.
public view. This time 1t is in the.
land contest case in which the widown
Yanl<ton Indian. and her heirs, lay,
claim to SO choice quarter sections of:
land in Tripp county on the Rosebud;
Indian reservation valued at over $780,
900.
Dispositions are being taken here to-
day, United States District Attorney
Wagner representing the government,
and Geo. A. Jeffers the Sullys. Mrs
Sully was married before she married.
Jack Sully, the notorious cattle thief.
There are several children, all hav-l
ing received a good education. One
daughter was stolen in her childhood
and has but recently been found in
Chicago, the wife Of well to do jap
anese merchant there.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
SCHOOL AND PUBLIC
LANDS ARE SELECTED
IN TRIP COUNTY

Chamberlain. S. D., Dec 21-N NJ.
Hanson. lease and sales clerk in the
state department of school and public
lands. made the selection for the state
of the indemnity lands on the Rose
bud in Tripp county has been here
this week making the necessary filings
for the state at the United States land
Office. These filings have to be APP
proved by the secretary of the in
terror before they become absolutely
valid. The tracts selected by Mr.. Ham
son for the state and upon which
filings were made are as follows:
East half section 22 and wiz section
ton 2s. township SO, range "A.
3. seA section I, swA section g. and
all of section 81. township 81, range
"A.
East half section /. nwA section ~,
ell. neA and ela seA section 26. nh4
section 33. and Wiz section "a, town
ship 9S, range "a.
West half section 81. nwA and sE
section 2S, se11a section 20. and n1a sec
tion 81, township 9S, range Is.
South half section %, sig section 90
and all of section 80, township SO
range 10.
All of sections 81 and "a. township
100. range 10.
West half nwA and wiz swA section
5, township 9S. range 76.
Northeast quarter and swA section
s, nwA section 90. and nw14 section
80. township SO, range rs.
Northeast quarter section 80. anc
swA section 80. township 1oo range
| 76.
South half of neA, nwA and s12 see
! ton %. township 100. range I6.
West half swA section 0. s1a sec
, .tion %. and all of section 35. TOWNSHIP
| SO, range n.
| west half swA section II. e1a sw1
and seA section 18. n1a section 10. WI
nwA section 90, eli section 81 ant
swA section 2s. township 100 rang
! East half section So. township 1o1
Southeast quarter section rs. town
shiD 100. range g:
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
CHAMBERLAIN INDIAN
SCHOOL TO BE CLOSED

chamberlain, S. D.. Dec. 21.-1n his
annual report, Indian Commissioners
the buildings and grounds be sold.
This means that the present year will
be the last one Of the Chamberlain In
dian school, unless the congressional
delegation gets together and makes a
continuance The Advents have been ne
gotiating with the commissioner for
the purchase of the school buildings
end grounds, with the idea Of estab-
fishing an Advent school at this place.
They now have a bid Of $4,000 on file
in the department.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
THE SOUTH WANTS TO
ENTERTAIN JUDGE TAFT

Augusta, Ca, Dec. 24.-Judge Taft's
many evidences OF unusual interest in,
the South has awakened what seems
to be a universal interest on the part
OF Southern states and cities to play
host to the president-elect. Thirty
cities and towns in Texas have just
laid before him an elaborate invitation
engrossed on parchment and couched
in the most cordial phrases. asking
his presence in that state. The lam
guage of the invitation is followed in
earnestness by many other cities Of
the South, and the invitation feature of
the mail Of the president -elect is grow
Ing heavier each day.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
MARIE coRELL1, I'LL,
WRITES NOVELS IN BED

London. Dec. 24.-Miss Marie Corelli.
the novelist, is so i'll that she keeps to
her bed at her home. Stratford-
Avon.
The Post Dispatches dispatches have
told of her narrow escape from being
shot by n nadman for whom the ex
'cuse is made that he lost his mental
balance through devouring Coreliis
books too eagerly, but the attempt on
her life. which she took most calmly.
did not cause the writer's present iii
ness. Propped in bed she continues TO
write regularly or ''voluminously," ac-
cording to those who do not admire
her productions.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
FALLS FROM BUILDING
AND cLiNGS TO WIRE

Watertown, S. D., Dec. 24.-Guests of
the Arcade. hotel and passing pedes-
trians were treated to thrill this
morning in the sight of a man hanging
onto an electric light wire 80 feet
above the middle Oh the street. = tSo-
story building was being moved down
the street and A. c. Friemark was sta
toned on its roof to prevent the electric
light and telephone wires from catch
Ing as the building moved under them.
AS he cleared the last one of the
maze of wires at the crossing of Maple
and Second streets southwest he lost
his footing and saved himself from
falling by springing for the wires. He
managed to reach one and the build
ing moved on down the street. leaving
him suspended In midair.
Policemen soon brought q fire ladder
and rescued the man. but none too
soon. as he declared he could not have
hung OH much longer.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
81 DON'T BELIEVE IT." SAYS
CASTRO. MAN OF DESTINY'

Berlin. Dec. l9.-President Castro of
Neuezeula. maintains his conposure in the
face of alarming reports published here
regarding the disturbances in Venezeula.
When dispatches were shown to him stat
ing that the people of Caracasshad arisen
against him. burned the pictures and
statues of the president in the public
squares and had made an attack on a
number of buildings. including the
stores of several of his warmes. ad-
heroes. and that several persons had
been killed. Castro said quietly:
II don't believe it. / had dispatches
from Caracas this morning. but they mem
ton nothing of the kind
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
KING EDWARD ENDS
PARLIAMENT, SESSION

London. Dec 23.-King Edward to-
day put an end to the present session
of the British parliament. Only a few
members attended the brief proroga-
ton ceremonies.
The kings speech made especial ref
erence to the recent visit Of the Amer
ican battle ship feet in Australian
waters, which his majesty said evoked
warm feelings of cordiaiity in my do
and was source of qualification to
myself and my government"
Referring to events in the Balkans.
Calculated to disturb it's provisions of
the treaty of Berlin" the speech says:
There is reason to hope that wise
and conciliatory counsel will prevail
that an amicable settlement will be
reached with the consent of the pow
ers~who are parties to this treaty"
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
MlLLERs ENTER PROTEST
ASSTO RATES ON FLOUR

Washington. Dec 24-Forty-two
Hour milling concerns of Minneapolis
and vicinity today filed an important
complaint with the Interstate Com
merce commission against the Great
Northern railway and 81 other inter-
state carriers doing Il transportation
business between Minneapolis and the
Atlantic seaboard. 1t is alleged the
rates between these points on flour are
excessive, unreasonable and discrim-
inatory. The commission is asked to
fix a fair rate in order that the present
alleged unjust discrimination in favor
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
TWO GROW TIRED
OF LIFE AND HANG

Huron. 8. D., Dec: 2s,-Two suicides
Wolsey, where Edward Buck, of Wes-
sington, hung himself in coal .,ned
with a rope made from cords taken
from banana crates. He was SO years
old, single. and for several months had
ton.
The other was Edward Prue. who
came here from Pierre some weeks
since, representing the Northwestern
hung huns him himself With strap attached to
bedstead in his room in hotel. He
was So years old, believed to be single.
He has relatives living in Massachu-
aettS.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
OLD INDIAN CLAIM
ALLOWED GIVES TO
RED MEN S698,866
Restoration of Conflscated An.
nuities Growing Out of the
Minnesota Massacre.

Washington. Dec. a2.-Commencing
after Christmas there will be paid to
the Sisseton and Wahpeton Indians, as
n result of Il Judgment obtained in the
court of claims on the bin introduced
by Senator Gamble and passed by the
Fifty ninth congress, the sum of $685.
S66S1.
This is to be distributed among 4.44o
members of the two bands of Sioux
and the claim is for the restoration OF
confiscated annuities growing out of
the Minnesota massacre of 1862.
There will be paid the Sisseton agen-
sl31 $500. and from the miscellaneous
roll S2A6960.G0 each Indian receiving
sl57.40, except the first l.Os7, who will
receive Sl57.4l. The roll is made up as
follows:
Sisseton Agency, S. D.: 1905.
Devils Lake. n d., 963.
st. Paul. Minn.. $50
Fort Peck. Mont. 423.
Fort BcllSnap. Mont. 90.
Standing Rock, North and South Da
kota 1874.
Cheyenne River. S. D.. 25.
Crow Creek. S. d., 292.
Rosebud. S. d.. 222.
Pine Ridge, S. d., IL.
Yankton Agency. s. D., 40.
Santee Agency. Neb., 112
Flandreau. S. d., 56.
Total. 4,44O.
The payment is to be made in ST.
Paul and includes Indians in Minnesota,
Wisconsin. Washington. and two In
Georgia. and $405. 600 will be paid to
2.573 Indians i'm South Dakota
Major James Mclaughlin. who had
charge of preparing the rolls, leaves the
city Monday and will represent the de-
partment in making the payment.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
IM'ClElLAN CASE
FINALLY LANDS IN
THE U. s. COURT
Two Sets of Contending Heirs
Seek to Prevent Fortune
Going to State.

Sioux Falls, S. D., Dec. pa legal
battle, involving the ownership Of the
estate of John Mcclellan, a wealthy
Sioux Fails pioneer, who died on Au-
gust 81. 1899. after having run the
gauntlet of the state circuit courts and
the state supreme court, now has
reached the United States court In thts
city and hearing in the case now is
being held before Judge Garland.
The plaintiffs in the suit now being
tried in the federal court are John c..
James s.. William S.. Walter and Ed
mum. Mcclellan, who allege they are
the sole surviving heirs of John Nc
Clellan and lawfully entitled to inherit
Clellan is a resident of Texas. James
resides in Arkansas. William S. In COL
orado and Walter and Edmund are
residents of Pennsylvania.
1t is alleged by the two first named
that they are the sons Of John McClel-
Ian. While the other three complain
ants allege they are grandsons of the
dead pioneer. 1t is shown by the pa
pers in the case that all outstanding
claims against the estate have been
paid and that the estate is ready for
distribution as soon as the alleged heirs
can establish a lawful claim to 1T.
The complainants III the action now
being tried in the United States court
ask that the court order and decree
that they are the sole surviving heirs of
John Mcclellan. and that Special Ad-
ministrator Blackman be ordered to
render an account of all the moneys
and other property of the estate that
now is in his possession, and after
deducting his lawful fees and expenses.
that he be ordered to distribute this
estate to the complainants as the law
full heirs of John Mcclellan.
The defendant in the action is George
T. Blackman. administrator of the
estate. The state of South Dakota also
Is a. party to the suit. as intervenor
Tho state is interested in the case
for the reason that the state courts
held there We're no legal heirs of John
Mcclellan, and If this could be estab-
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
SOUTH DAKOTA MAN
FOUND DEAD IN BED.
A. H. Scott, of Phillip, s. D.,
Been Dead Many Hours
When Found in Room.

Sioux City. Ia. Dec. ia. H. Scott,
stoclSman from Phillip. S. d.. was
found dead in his room at the Monda-
min hotel at 9: 45 o'clock this afternoon.
Scott came to Sioux City on the 9:5S
Omaha train and retired soon after
reaching the hotel. In his pockets We're
Sl.6 together with several bottles OF
medicine and a spoon. which would In
dicate that he was ill.
Coroner Robbins, after viewing the
Westnott 1t is his opinion that apo.
plexy was the cause of death. Scott
looked to be II man of rs years of age.
The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-24
LIBEL SUIT DECIDED
AGAINST FORMER PUBLISHER

Watertown. $. D.. Dec. 24.-One Of
the hardest fought legal battles which
has marked the proceedings of the cir
cult court i'll this county for some
years was the case of Charles H.
Schulz. states attorney against H. L..
Hopkins. formerly a newspaper pub
fisher, hut now a real estate dealer and
,,he osathe heavy capitalists of the To-
rality.stt involved alleged damages to
personal character. suit having been
bldAaght for $4,000. A verdict in the
sum sRf ssN9.ssas returned in favor OF
tho plaintitf.
The suit grew out of the late primary
campaign. MIR. Schulz having been q
candidate.