davidaulloa/AmericanStories huggingface dataset:
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12
SUPREME COURT
HEADNOTES
Decisions Handed Down Re-
Gently by Florida's High
est Tribunal.

In the Supreme Court of Florida
Division B. June Term. A d. 1909.
Thomas Brothers Company, plaintiffs
in error, VS.. Price & Watson and +
B. Carter, defendants in error. Tay-
lor, ]. Jackson county.
Appellate Practice assignments of
error having no basis in the record
will not be considered-evidence
appellate review of sufhciency Of evil
dence.
l. Assignments OF error that have
no basis Of fact in the record will not
be considered by an appellate court
?. The admission of evidence with
out objection and without exception
cannot be assigned as error.
9. Where the defendant requests
his attorney to interview another
third attorney and to find out from
him what his fee would be to repre-
sent the defendant in a suit pending
against him, and his attorney COM
plies with such request and promptly
reports to the defendant the result OF
such interview, and the defendant
acquiesces therein and agrees to the
employment of such third attorney al
the fee named in such interview, il
is not error, in a suit by such third
attorney against such defendant for
recovery of such fee, to permit said
two attorneys to testify to the resun
of the said interview between them.
4. Where a motion for new trial Is
filed in 4 cause, but the transcript o.
record on writ Of error does not az
firmatively show that such motion
was acted upon by the trial court, the
appellate court. cannot consider an as
signment of error based upon the as
seTtion that the verdict was against
the weight of the evidence, and was
not supported by the evidence, since
such an assault upon a verdict must
primarily be made in a motion for
new trial, and the trial court must
have primarily passed thereon.
Judgment affirmed.
J. NJ. Calhoun, for plaintiffs in
error.
Price & Watson and Francis B.
Carter in pro per.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12
The Grip Opened.

souVille addressed to Martin a. VIII
son, was returned here on the 9:4O
train last night and taken to police
headquarters where it was opened by.
Chief Sanders. 1t contained two pairs
of trousers, a chisel, screwdriTer, two
revolvers, three gold watches, a gold
locket, and a large quantity of other
valuable jewelry.
II also contained several boxes OF
caramels, two large boxes or matches,
and a large number of postage stamps,
which were taken from Hanson q
Sons store.
Among the articles found IN the
grip were the following, all OF which
Jones said were stolen in Mobile:
A 1907 o. o. NJ. pin
Three gold watches, on one of
which was engraved the letters 1. NJ
C. One OF the watches was set with
a diamond.
One gold locket.
Pair gold opera glasses.
A stocking in which were packed
large quantity of jewelry and old
coins.
/. c. NJ. 4. button.
Gold cross.
Diamond brooch.
Elk pin.
Two hair ornaments on which was
n
Small gold heart on which was en-
sraved "F. g. NJ. to II. !. S.
Four gold rings, one set with dia-
mond.
one plain band baby ring.
College pin. on which was engraved
the word excellence"
When the grip was opened the men
were brought into the office of Chief
Sanders. who asked them VINO ship
ped the grip to jacksonville
Jones replied that he did and also
said that the chisel and screw driver
were found by them in Mobile, the
chisel being taken from the cathedral
in that city.
ZONES Confesses.
Jones made a complete confession
OF the guilt of himself and the other
two men. but Shea andeTRay, denied
anv knowledge oe who owned the grip
and also said they were not in any
way connected with the robberies
either in Mobile or Pensacola.
The three men were returned to
their cells, but Jones was afterwards
brought to the office of Chief Sanders
where he was questioned by the chief
and Deputy Marshal Anderson He
was asked the following questions:
Q.-How long have you men been
together
About five months, running
around.
O.-Where did you get these arti-
cles2
An Mobile and Pensacola-tbe
jewelry I'm Mobile and the candy and
matches in Pensacola
O.-What church did YOU rob first
A-St. Michaie's, where we got
about 81
Q.-How many boxes did you rob?
A-OnIy one box
O-Why didn't you rob the other
bCxes2
Ave didn't see any more.
Q.-Who broke the bOx2
A-Shea and myself broke il.
(Which church did you rob last?
A.-St. JOseph's.
Q-Who does the money belong
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12

PILES CURED IN 6 TO - DAYS.
PAZO OINTMENT is guaranteed to
cure aly case Of Itching. Blind, Bleed
ing or Protrudins Piles in 6 to II
days or money refunded, soc.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12

The worst whipping a bauy ever
gets IS from some man who doesn't
ant &c firiJt -Chic3 go News
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12
MARI sENNARDo PARDoNEo.

Columbus. o., Feb. .11.-Announce-
ment was made today that Governor
Harmon has pardOued Miss Marie
Bernardo, the Cleveland woman serv-
ing a life sentence in the penItentIary
for murder. on condition that she re-
turn 10 Italy. Cleveland women viii
raise funds for her passage to the old
country Miss Bernardo killed Rafael
Barbarato when he tried to get pos
session OF her after buying her from
her lover for S100.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12
TIMELY TIPS.


Buy a coarse gray blanket II you
do not have one and keep 1t to place
on the floor when the baby is playing
there Put the toys on it, and If il
is necessary to quickly clean the
room of toys pick up the blanket.
To remove Ink from books, valuable
papers and the like a solution of wa
ter and Oxalic acid, citric, tartaric or
any sour acid can be applied to the
blemish and, while often the process
must be repeated, 1t will finally re-
move the blemish.
The soiled linen will take much less
room in the blothes hamper il the
sheets, pillow cases, the tabIeeIoths
ana the napkins are folded before be-
ing put into it It takes but q moment
TO do this. A small hamper does the
work OF larger one if the plan is
followed.
To make a lasting mop for the floor
and give the small girls something to
90, save all cord from parcels, wind
ing into a ball and crochsting a strip
about nine inches wide and about
twenty-seveR inches long. II fits
through patent handles nicely and
makes an inexpensive article.
Paraffin used on the tops OF pre-
serve glasses can be saved until the
next season by washing IN cold water
and putting in a tin box with an air
tight lid.
If one prefers shredded pineapple
u the thinly sliced cut the fruit into
quarters, remove the core, pare on
the outside edge, and then take a
ciean knife to cut the meat The acid
from the rough shell sometimes
causes a sore mouth, and this is why
many use a different knife. Chop the
pieces in the food chopper, then put
in the coarse grinder and grind the
core, pressing out the juice Of the
core in a steel lemon squeezer.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12
TRIAL POSTPONED.

Z. a. CUKIIS,
Assistant Adjutant General.
The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-12

Those who are engaged in the pro-
duction of naval stores are beginning
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
EASTERN CAPITALISTS VISIT
BATTLE MOUNTAIN MINES

A party of eastern capitalists visited
the district this week on a tour of in
speetion to the properties of the Ne
vada- Omaha Mining and Milling COM
pany, in which corporation they are
very heavily interested, says the Bat
tie Mountain Herald.
The party comprised A. l.. Moler,
general manager and vice president of
the Union Pacific railroad; Joel w.
West, prominent attorney and capital
list; Frank b. johnson, president of the
Omaha Printing company, and Walter
Chairman, private secretary of Mr..
Moler.
These gentlemen arrived here Mon
day in a private ear and spent the time
until Wednesday evening looking over
the Nevada Omaha properties. They
expressed themselves .as more than
pleased with the excellent showing be-
ing made.
All of these gentlemen are here from
Omaha. Battle Mountain is fortunate
in securing them as investors in the
district, as their high standing in the
business world makes them valuable ac-
uuisitions.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
HORNSlLVER MINES MAKING GOOD PROGRESS

The camp of HornsiIver continues its
good progress toward fame and fortune,
and splendid reports come from vari-
Gus mines. Recent assays from the
bottom of the winze on the 800 level
of the Great Western, which is now
down 65 feet, run from $S3 to 500 per
ton in gold. This is said to have been
an average of the entire bottom. A car
of this grade of ore has been
shipped during the week. When the
winze has reached a depth of 10 feet,
an eight-horse power gasoline hoist
will be installed. Drifting both east
and west will be started from the hun
bred foot point, when some high grade
is expected to be encountered in the
west drift from the Wine.
A. b. Clausen of Goldfield has taken
a bond and lease on the Panhandle and
Panhandle Extension claims from
Harry DeVotie and has started work
upon the same. Three men are EN-
ployed in sinking the shaft from the
present depth of fifty to the 1O0-foot
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
GOLCONDA MAN BUYS
TOWNSHIP AT HILLTOP

The transfer of the Hilltop townsite
a few days ago to T. J. Ryan of Col
conda, marks the latest step forward III
the progress of this rapidly growing
new camp, says the Battle Mountain
Herald. Hilltop has already made a
record that is phenomenal in many par
ticulars, and with the infusion of the
new ine and enterprise now III EVIL
denee, it will undoubtedly come to the
fore as one of the next bonanza camps
of Nevada.
Both the Hilltop and Philadelphia
Western companies are developing and
extracting high grade ore, running from
5000 to several thousand dollars per ton
in gold.
The Red Top company is prosecuting
extensive development and has uncover
ed a large body of sulphide ore of suf-
icient value and extent to warrant ar
rangements being considered for the
erection of a mill.
Townsitc lots are selling readily at
good prices and substantial buildings,
instead of tents, distinguish the busy
little mountain city from the usual tenn
porary appearance of new mining
camps.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01

Fred J. Jones is the district recorder.
He located his ground more than a
year, ago, found gold on them and on
the strength Of this has driven an So
foot tunnel. In this. tunnel he has two
rich stringers of free gold which lie
about two feet apart measuring from
the hanging wall of one to the foot wall
of the other.
Henry Dressler, on this showing took
up ground and ran into gold while he
was doing his location work. At that
time a sample assayed by VIM. Berg, the
local assayer showed a gold content Of
1914 per ton while another sample as
sayed at the laboratory of the Round
Mountain Mining company showed a
value of 5000 per ton.
The scene Of the strikes is between
Wisconsin canyon and Nose canyon.
There is a bountiful supply of timber
and water for ali mining purposes.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01

Stebbins, Fraction and Flat claims, and
three fractions.
The manager reports that "in addi-
ton to the work from the main incline
shaft, the company has during the past
year done 967.5 feet of drifting and
prosecuting on No. 3 Sunnyside claim.
This work has developed ore to the ex
tent of 1910 tons, and your company
may expect good results from the
further development of this section of
your territory.
"On the Great Western a total of
1856 feet of shaft sinking, e~rosscutting,
and drifting has been done on one of
the veins exposed by the Hydraulic
operations. The work has blocked out
ready for stopping $500 tons of ore.
Work has been discontinued on this
vein until the lower levels from the
main shaft reach this portion of the
territory. These levels are being
driven as rapidly as possible, and
should cut the new vein within the
next six menths. / feel confident of a
large tonnage of ore and a good profit
to your company from this section.
From the main incline shaft workings
your company now has blocked out
ready for stopping $4,000 tons of ore,
which, calculated upon our average re
covery, Gas determined by mint returns
covering : period of two years. $l2.30
per ton, gives us $3.50, 794.6O worth of
ore in sight. This shows an increase in
the value of your ore reserves for the
year of SIS, 294.6 so. From the develop
ment of the ore shoot on the $50 level
where it is known to have a length of
$50 feet, and the further fact that this
same ore shoot is proven to extend to
the 600 level where it has been drifted
ON for a distance of 21S feet, and that
il extends to the 700 level where it has
been drifred on for a distance of 40 feet
and the further fact that a new ore
shoot has recently been entered on the
1876 level it would seem reasonable to
assume that your ore reserves should be
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01

Monday where he has been for some
time. He will resume operations on
the Frances Lime Point lease at once.
The property has been closed down
since the death of DIR. Frances f. Viii
liams. An additional force of men will
be employed by Manager Duffy and
every effort made to resume shipments
as some fine ore was opened shortly
before the closing down at the time of
Mrs. Williams death.
Two men are employed by Kavanagh
and Durgan on the Lime Point No. Is
cleaning out the old workings, making
ready to begin the sinking of the shaft.
Several blocks of this claim will be
sub-leased to parties who have been
looking over the ground.
E. l.. Stingley leasing on the Horn
silver Consolidated has drifted fifty
feet on the vein at the ffty-foot level.
The entire drift has a small streak of
ore exposed. He has started a winze
or a junction of veins and expects to
have out a shipment in a short time.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
STAMPS ARE DROPPING AT
THE BLACK HAWK con.

Milling is in progress at the Black
Hawk Consolidated. Thanks to Man
ager r. G. Dunbar, this property during
his brief term of management has bios
somed like a rose, says the Searchlight
Bulletin. Taking charge when the af-
fairs of the company were at a very
low ebb, he has in a short time sue
ceeded in bringing it into the produc-
ing class.
Taking ore from the Honest Miner,
where a 40-foot raise has just been put
through and four feet of stopping ore
made ready, the mill is being kept
running steadily. A saving of from
II to s4 per cent is being effected on
the plates.
There is an abundance of ore. Lack
Of water is the greatest drawback. The
connecting pipe line is said to be too
small to handle the required amount of
water, but this shortage will soon be
overcome, as it is daily expected that
all kinds of water will be encountered
in the neighboring Rand shaft. Two
settling tanks have also been installed,
and n object of Mr.. Dunbar's trip
into Searchlight the first of the week
was to secure a pump for use in connee
ton with these tanks.
The Rand shaft is now down 800
feet and an east drift is in some 20-odd
feet. The average width of the ore is
four feet, while the values range from
a good milling grade up to several
hundred dollars q ton.
The ore from the Honest Miner
comes from the new stope. The prin-
eipal values are in gold, about Is per
cent being in silver.
In addition to the bins all being
filed, some 800 tons of sulphide ore is
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
GOOD STRIKE REPORTED
20 MILES FROM GOLDFIELD

Reports of a splendid strike upon a
property about twenty miles south of
Goldfield has aroused intense interest in
a number of prominent operators in this
district, and a trip will he made to
the property to discover if the repre-
sensations made are true, in which
event it will tie snapped up at once.
The reports say that a three-foot vein
Of sulpLile ore has been opened twelve
feet lelow the surface, assays from the
rock going $50 to the ton. 1t is an
entirely new strike, and the Goldfield
men refuse to allow their names to be
mentioned until they have examined
the strike and closed a deal if it is as
represented.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
CONTACT AT YERINGTON
TEN MILES In LENGI H

Discussing the great contact of the
Yerington district, the Yerington Times
says that taking the Nevada Douglas
Mining company's property as a basis,
there is a contact actually demonstrate
ed for some ten or twelve miles in
length. On the Nevada Douglas cont
pany's property this contact is some
5000 feet or more in width. Develop
ment having attained a depth of 700
of a richer grade than on the levels
above. The property shows a very
large assure cutting up through the
bedding planes. Above the 400-foot
level the fis5ure shows the copper con
tent to be more or less leached, and
the copper TO have been r~edeposited on
the bedding planes next to the lime,
forming the carbonate or jewelry ores.
Below the 400-foot level the values
are concentrated in the big assure,
forming an ore body 81 feet in width
of a first class commercial grade.
There is expected in these lower
workings thousands of tons of a smelt-
ing grade of ore. The Nevada Douglas
Is now in position to furnish a smelter
of large capacity with ore for genera
tons to come. Production on a very
large scale only awaits the building of
a smelter and railroad transportations
to become a dividend paying property
of large proportions as an investment.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
ROIJND MOUNTAIN LEASERS
GETTING GREAT RESULTS

, the opinion that the Mariposa claim
would produce rs much if not more bull
lion in time than any other claim on the
mountain.
The power hoist and gallows frame
which has been operating on the Mattly
lease on the Black Hawk claim is being
set up over the shaft of the Harpend-
ing,Clark lease.
Jefferson Rushing Work
Steady progress is being made on the
property of the jefferson Gold Mining
company up in the canyon of the same
name. Between thirty-five and forty
men are nusily engaged in completing
the mill and putting the mine in shape.
The mill building is now entirely
covered over and all the windows and
doors in place so that, froIn all out
ward appearance, it looks to lie com
pleted. Inside, however, all is hustle
and activity where the men are at work
putting in and adjusting the various
parts.
Two big ten.horse Wittenberg team. !
laden sky high with mining and milling
machinery and supplies reached the
CANYON during the week from Tonopah.
The families of a number of the men
at work on the property have mcye
Lag and baggage up to the scene Of the
new activities so that there is quite I
colony settled there which viii be
added to as the work progresses ard al
ditional men are put on the working
force.
Superintendent James Mcdonald wht
is in charge of the mine has both . day
and a night shift at work and develop
ment is going forward rapidly. The big
four-foot ledge which was c~n:ouatesel
last month while driving a tualti t.
connecu two known ore Lodles IS NJ -
cilan holding its own 10th a % SIZE
and in the richness of lis ,d.s. II
fact it is likely to prove la5ta v.i4Gs
allie asset to the company than even
the lodges which they have heretofore
been working on which is a consider
allie need of praise.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
OPTION Is TAKEN UP ON
GROUP IN TENABo CAMP

The /. v. group of mining claims, sit
uated in the Tenabo district, 20 miles
southeast of Battle Mountain, were
cold this week by the owner, A. Vande-
mart, to II. l.. Sanborn and associates
of Londonvilie, Ohio.
The group had been under option to
these parties for some time, but vas
not finally taken up until last Wednes-
day. The exact consideration is not
made public, but it is said to consist
of a cash payment and a block of stock
in the company. Development is to be
commenced at onee by the new wner
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01
SINKING OF FROST SHAFT
WILL SOON BE STARTED

Early in May the work &C sinking
the Frost shaft from the %stition DIT the
inner end of the 6000-foot tunnel tia;
taps Lander Hill at a depti of 1Co leet
will be begun, says the Aistin Reveille.
At first this work will not be swift, bat
with the installation o. the air pipe
and the use of machiie drills, RAPID
Roadway will mark the operation lafo'e
tie end of the month.
Before the shaft is me hundred feet
deeper it will cut the Panamint ledge
which has produced several Millions
in workings through other si.afts
Before reaching an additional dsptE Of
400 feet the shaft will cut several otaer
rich veins which Ome in irori tire
south. The general vein system of the
district is so fiat, nat Ia shaking this
iepth the great Union va is ap'
preached perhaps more rapidly than it
would be in a croseut j ectly to the
south. At any rae this vein will be
much nearer the commet;e of the
world, when the Frost id been sum-
TO the above mentioned 'eYe'. A sorth
crosscut will thin reach i. in a com
paratively short distance. An ihcJn-
parable advantage in going after these
Union ore BODIES through the Frost,
lies in the greser footage % licA tna.
will be ~available from Ills .o,sr level,
to say nothing of the scsnofav in
handling the ore through the tunnel
direct to the mill.
The inner end of the tunnel now
looks more like a section Of a New
York subwR than an adit to a mine.
1t has boen widened to ten feet for a
distance of 200 feet to make room for
the switches required for the ore ears.
The big station 5 well under way and
when completed will house a splendid
plant for deep aiming.
The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1909-05-01

increased during the coming year NJ
least to the extent shown during the
past year. The ore reserves stated
above include only ore ready for ex-
traction. That there viii be other ore
developed as mining advances is as
sured. The value per ton of your ore
has been established by the mine run %
two years. The ore has been proven to
z depth of 700 feet where it shows as
great strength in value and in quantity
as on the upper levels. Two new veins
have been opened, both showing strong
ore bodies and good values. Only a
very small part of your territory has
been explored. These facts would in
dictate a long life for your property.
Produces s3~49,505.19.
During the year your company has
milled 29,5s2 tons of ore which pro-
duced a total of $349,5o5.19 The net
profit to your company for the above
tonnage amounts to $l6s, ss9.46. BY re-
ferring to the s~ecretary's report YOU
will note that TIE total cost per ton of
ore mined and mille,i has been reduced
from $7.05 to s6.O7 Ter ton. A further
reduction in the working costs per ton
should lie made during the coming year
for the following reasons:
"Your company has let contracts for
additional mill machinery, air com
and air drill equipment, a 80
horse power hoist, motors, etc. Your
company has entered into a contract
with the Nevada California Power com
pGny by the terms of which your power
costs will be reduced approximately 20
per cent. BY the uss of machine drills
and electrically driven compressor,
hoist and mill, your mining and milling
costs should be reduced Is per cent to
25 per cent.
"Yeur company paid in dividends
during the year 1927 ,901 10, or at the
inte of four cents quarterly upon the
stock issued. There should be no diff
licuty in maintaining the present divi
rlotd rate