davidaulloa/AmericanStories huggingface dataset:
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
ATTEMPTS SUICIDE
BUT FAILS
HUSBAND SHOOTS HIMSELF IN
PRESENCE OF WIFE, WHO is
SUING FOR DIVORCE.
Special to The Daily Missoulian.

Special to The Daily Missoulan.
Butte, March 23.-Because he could
not effect a reconciliation with his
wife, who is suing for a divorce, the
actlon being begun yesterday, Henry
Frye attempted to commit suicide this
afternoon at the Northern Pacific
lunch counter in this, city. He sue
ceeded in blowing big mole through
his lungs with a 3S-caIIber revolver,
but he will probably recover His
method was spectacular. He is a
cook and she is a waitress. They
were married in Butte and have a boy
years old. Recently their marital re-
lations have been far from pleasant
and one of her allegations in her COM
plant for divorce is that he beat hec
because he thought she used his razor
to trim her corns Another is that he
kicked her and the baby out of bed
because the baby cried.
This afternoon about o'clock Frye
came to the lunch counter and asked
for an interview. The wife, who is
petite and about as big as doll said,
Harry, I have no time to talk to you
now; I am busy" Then she turned
to her work
"All right he answered, here is the
end of everything" and he turned his
back to his wife, drawing the re-
volver from his coat pocket and pull
ing the trigger. He had pressed it
close to his heart, but the gun jumped
and the wound, while serious, Is not
necessarily fatal. He has a brother
near Cleveland, Ohio, and he has been
notified of the trouble
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
IMPORTANT OPINION
RENDERED
SUPREME COURT DECIDES CASE
INVOLVING NEW PRINCIPLE
OF LAW.

Helena, March 23.-The supreme
court today rendered an opinion of
far-reaching importance in personal
injury suits-in fact, the most impor
tant of it's character ever emanating
from the Montana bench. The title
of the suit is that of Winn' red Dill
Ion and others against the Great
Northern Railway compar,. and in
wolves the right of heirs to institute
damage proceedings where the person
involved suffered instant death. H.
originated in Flathead county. In the
lower court the plaintiff vas awarded
damages, but this inding is reversed
and the case remande witn instruc-
tions to dismiss OH the broad ground
that if the injured party died be-
fore bringing the action, the cause of
action literally died with him. AL
though this common law rule has
been modified, the opinion states
such a statute does not create a new
cause of action, but only carries for
ward the right which the injured
party had before his DEATH
The suit was prosecuted under the
provisions of the fellow servant law,
Dillon having been employed in
clerical capacity by the carrier. The
opinion holds that this act does not in
tend to create a new cause of action,
and that the suit was instituted to
recover damages which resulted to
Dillons estate as a consequence of his
DEATH and that the question is: Does
the agreed statement of facts con-
cerning his death show a cause of ac-
tion in favor of Dillon which sur
vived his death?
The statement shows that death
was instantaneous and that he did
the accident. Continuing. the opinion
says
IF cause of action arose in favor
of the injured employe prior to his
DEATH the right of action which he
thus had survives and may be prose-
cuted by his heirs or personal repre-
sentatives. Hence the question: Did
Ion prior to his death?'"
Death having been instanta-
neous, the opinion hold that no
cause existed with Or survived
Dillon, and declares that all survival
statutes in which category the fellow
servant act of 1905 is placed, so-caled,
presuppose that deceased had at one
time a right of action for damages
Hence the opinion that there was
not any survival of right of action,
and the dismissal thereof.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
SHERIFF OCONNELL OF kALlS-
PELL EXTENDS INVITATIONS
TO THE EXECUTION.
PRISONER IS CHEERFUL
Condemned Man lnspects Hanging
Paraphernalia, Tries on Black Cap,
Asks That the Knot Be Waxed So
It Will Not Fail to Work, and Or
ders Duck Stuffed With Chicken.
Special to The Daily Missoulian.

Special to The Daily Missoulian.
Kalispell, March 23.-Sheriff O'Con-
nell has been busy today presenting
invitations for the hanging of Lebeau,
which is to occur at 7 o'clock a. m. on
Friday next. All members of the
court house force were invited by in
dividual cards this afternoon.
At his own request Lebeau was
shown all of the hanging parapher-
MALTA yesterday. He tried on the black
cap, fitted the rope and knot, suggest
ing to one of the men who was tying
the knot that it should be waxed to
insure the proper action, dicating at
the same time the manner in which
the waxing should be made. He also
passed upon the scaffold as being
sure.
For his last breakfast Lebeau has
placed his order for a fat duck
stuffed with chicken. He is very busy
now preparing plans and specifica-
tions for an invention that he has un-
der way, and expresses his wish that
he might be given "just one more
week. to put them in proper shape
to leave.
Several stories are current as to Lee
beau's admission as to his past life,
but beyond the fact that Lebeau is
not his right name, though he has
taken that name for the past 20 years
and that he has mother and sister,
little can be learned that will bear
repeating.
Lebeau was convicted Of the mur-
der Of the Yoakums, father and son,
and was sentenced to be hung as the
penalty for his crime. Through his
attorneys the convicted man at
tempted to secure executive interven-
tion that might result in a commuta-
tion of sentence or final freedom, but
Governor Norris recently refused to
exercise his prerogative in this direc-
tion and ordered the sheriff to carry
out the sentence Of the trial court.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
NO ACTION IS TAKEN
ON TARIFF
PHILIPPINE ASSEMBLY DECIDES
TO WAIT FOR FURTHER
DEVELOPMENTS.

Manila, March 23.-Contrary to ex-
pectations the Philippine assembly
did not take any action today on the
Payne tariff bill The leaders of the
party which is opposed to the pro-
visions of the Payne bill affecting the
Philippines, have determined to await
further developments before taking
any action. In lieu of the proposed
resolutions in regard to the Payne
bill, the assembly prepared a resolu-
tion instructing the Filipino delegates
at Washington to follow the directions
of the resolution of May, 1908, in
structing them to labor to secure the
admission of sugar and tobacco to
American markets without concessions
here. This resolution was prepared,
but was not presented. 1t is under
stood that Speaker Osmena of the
assembly, has cabled Pablo Ocampo,
Filipino delegate to congress, that if
the Payne bill is passed in it's present
form the insular government will be
unable to meet it's obligations.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
BIC SMEL1ER MERGER
REPORTRD UNDER WAY
Special to The Daily Missoulian.

Special to The Daily Missoulian.
Butte, March 23.-There is q report
current in Butte that the Pittsburg e.
Montana company, which owns the
smelter east of the city, is to be
merged into the East Butte. The
rumor has been going the rounds of
mining circles for Some days and
reached here in a somewhat more
definite form in the following telegram
from Boston, received by Paine, Web
Der g. Co.:
ut. is rumored here that w. A. Paine
of Boston has an option on 100000
shares of common stock of Pittsburg
& Montana Copper company at $3.50
a share. 1t is known that H. " Win
chell, formerly of the Amalgamated.
has made report on the property.
The Pittsburg & Montana was origi-
nally incorporated with a capital Of
s11,000,00o. 1t is understood that the
company will be merged into East
Butte"
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
UNIDENTIFIED MAN
IS DISCOVERED DEAD
Special to The Daily Missoulian.

Special to The Daily Missoulian.
Butte, March 23.-The body of an
unknown man is at Richards under
taking rooms, awaiting Identification.
The man was found dead at the bot
tom of the stairs of the lodging house
of Mr.. and Mrs. Richards, 224 East
Park street, by police officers at 5
o'clock this morning. Mrs. Richards
says that the man came to her place
and engaged a room about a month
ago, and. has his rent paid in advance.
She did not ask his name and never
heard it. An examination of the
mans clothes failed to show a scrap
Of paper which would disclose his
identity. He was about So years Of
age. The coroner has ascertained
that the man was about some of the
saloons drinking last night and early
this morning, and it is presumed that
on going to his lodging house he fell
down stairs and died from the effects
Of the injuries. There are no marks
on the body.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
FACES TRIAL COURT
ON MURDER CHARGE
pecial to The Daily Missoulian.

Special to The Daily Missoulian.
Virginia City, Mont, March 23.-The
preliminary hearing of Mrs. Mary Met
eel, accused of killing her husband
began this afternoon, Justice w. H.
Godfrey being called in from Sheridan
to conduct the hearing, County At
torney J. A. Knight is assisted by
w A. Clark and M. M. Duncan, who
have been brought into the case by
Charles, William and Albert Metzel
brothers of the dead man. The wit .
nesses examined were Miss Ida Kaf-
ferley, sister of the accused woman,
and Miss Sarah Smith, the maid en-
ployed on the ranch. The testimony
was the same as adduced at the in
quest and told of abuses by the de I'd
man.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
FRAIERNAL BROTHERS MEET.

Los Angeles. March 23.-The Order
of Fraternal Brothers met in national
convention here today and was called
to order by Supreme President A. ].
Foshay. Forty one delegates were
resent, representing a membership of
more than 10000 in Is states. The
state managers held a separate con-
vention and selected ]. A. O'Malley as
president.
The two bodies viii consider numer-
Gus amendments to the constitution.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
SANITARY OFFICER
HAS NARROW ESCAPE
Special to The Daily Missoulian.

Special to The Daily Missoulian.
Butte, March 23.-Sampson Kitto,
city sanitary officer, had a narrow
escape from being instantly killed by
George w. Storey shortly before /
o'clock this afternoon. The gun in
the hands of Storey was a bulldog 44-
caliber, loaded, but fortunately when
Storey, within six feet Of Kitto, pulled
the trigger, the gun failed to explode,
and before the second attempt could
be made Kitto had grasped the man.
A third party came to the rescue and
secured the weapon. Storey was taken
into custody and brought to the city
Jail, a charge of first degree assault
being placed opposite his name.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
WILL BE ARRESTED.

Bordeaux, March 23.-The venezu-
elan consul here was today officially
advised by Jose De Jesus Paul. the
Venezuelan commissioner to Europe.
from Berlin. that Castro will be ar
rested II he attempts to land in Ven
eZuela
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
SOLDIERS ARE KILLED.

Tabriz, March 23.-An outpost Of 40
troopers was surprised today by ma
tionalists, who killed "a Of the SOL
diers and captured the other six.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
SPRING

Activity is heightened by nse
Of The Missoulian class ad.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24

Continued on Page -Four. }
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24

Continued on Page Four)
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-24
THE WEATHER

Today-Fair.
Tomorrow-Fair, warmer.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

NOTICE TO CREDITORS.
~ State of Wisconsin Grant County
Court SS-In Probate,
In the matter Of the estate of Henry
Schroeder, deceased
Letters testamentary on the estate of
Henry Schroeder. deceased. having been
issued to Simon Langstaff.
Notice is hereby given. that the creditors
of said Henry Schroeder. deceased. are al
lowed and limited by. order of this Court
until and including the third Tuesday of
June 1909, being the 2lst. day of said
mands against said Henry Schroeder.
deceased. TO the County Court for examina-
ton and allowance.
Notice is also hereby given, that, the
claims and demands SO presented will be
examined and adjusted by this Court, at
the Office of the County Judge at the Court
House. in the city of Lancaster. in said
1909
Dated this 9Th day of June l9O9
H. By the Court
Il LIST ms. June 9Th; last ms. June 80.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

FOR SALE-Six room house, 81
blocks from postofice, in city of Lam
caster; one full lot; city water; good
cellar Apply to Fred Day. Lam
caster. 15w3p.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

FOR QUICK SALE CHEAP-19O
acres, Crawford Co. Wis, miles
from station nearly onehalf under
cultivation, house, barn and other
outbuildings, prosperous neighbor-
hood. If you want bargain, Adj
dress Box 319, Bocsobel, Wis. 13w3p.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

Auction Sale-On Saturday June
IL, at one o'clock. at the place know
as the John Mankel house, in the
third ward, my household furniture
and other personal property will be
offered for sale at auction, as l am
going away soon.
Mrs. Abbie Smith.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

Suits made to measure, by order,
from $13 90 up. Special values. Also
have two new sewing machines to
close out at cost price.
John Jeide, Tailor,
13tf. Lancaster, Wis
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

Roy S. Peacock, of Glen Haven.
was in town a couple of days this
week, having business in the probate
court.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

FOR Reservoir tank for
wind mill, also a quantity of good
second hand . lumber. Inquire of the
Misses Schmitt, Lancaster. 15w2c
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09
Shipwreck a la Mode.

"Is there any danger, captain?"
mot a particle" answered the bluff
old salt "A moving picture outfit will
soon be along and rescue us as soon
as they have taken a few films"
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

FOR SALE-Single seat runabout
buggy. Cheap. Inquire at Office of
Lancaster Lumber Company. 13w3.
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

13tf
Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1909-06-09

On June II, Lancaster citizens
will witness an eclipse of the sun
which may be total according to the
long-range predictions Of the sci
entists On this day it is said that
Old Sol will disappear at about 6 10
p. m. and will not show his face uu-
til after sunset. An exchange says !:
The last total eclipse of the sun &C.
Cured in 1869 and darkened the South
Atlantic states. The south during
the latter years of the sixties was
poverty stricken from the ravages OF
the war and when darkness enveloped
the land at midday the people of the
Ignorant classes, and especially the
newly freed slaves, were cowed by the
phenomena and fell to the earth in
prayer, thinking the eve of terrible
calamity was upon them. Chickens
went to roost and cocks crowed. Bats,
fowls and other fowls which fly at
night appeared and candles and
lamps were lighted in the dwell
ings." 1t this eclipse takes place
as predicted the local residents will
have rare Experience to relate the
rest of their life.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-12

we wanted to hold unto the situation
as II then existed"
Mr.. Schin said he knew the western
terminus OF the Northern Pacific at
Portland was the same as that Of the
Union Pacine ana subsidiary lines
Mr. Severance then questioned the
witness nbout a deal ia which Mr.
sehiG said thu Messrs. Rockefeller
Hartman. VI II. Rogers. James stun
man. Ripley, M%ofawltz and himself
took part Mr.. Schin said they want
"a representation on the Atchison
board OF directors because they had
made large purchases 81 common
stock 81 thai roud mud the laws OF
Arlz0na gave, them the right 10 have
two members Of the board. Mr. Rog-
ers and Horny Friek were chosen. MT
Severance asked whether MI HART
mans name Was suggested is o d.
rector and whether Mr. RIPLEY object
"a but Mr.. Sehin said he ala notrc-
can any such incident
mr.. Hartman has testified that the
object Of your effort 70 secure an
agreement was to bring about a bet
tcr understanding among tho roads 50
they would not work against each 9th
~ said MI severance
# do not know said Mr.. Sehir
Edward j Jeffrey. president Of the
Denver q Rio Grande railroad. was
aurstinned concerning the Western
Pacific RAILWAY Of which ne also Is
president. He allowed Il To be under
stood that the only reason that the
Denver A. Rio Grande was actively
pushing the competition ~ the West
ern Pacific from salt l.tk" to san
Francisco vas to ro-estabiiah competl-
tion for eastern traffic which the conn
mon control Of Union Pacific. southern
Paeiae ana oregon Short Line has
practically abolished
The merger. said Mir. jeffrey. had
diverted this trafhc from the Rio
Grande to the Union Pacific ana the
Atchison. Topeka a. Santa Pc The
closing 81 the Sacramento gateway 10
Portland ne declared had also injured
the business Of the Der@cr Il RIO
Grnnde Before M merger the south
ern Pacific turned over to the Rio
q great deal Of It's east bound
traffic. The Denver q Rio Grande In
return gavo 10 the southern Pacific
W ilntfA' 1hfFiAhh 'fNiAN ~ 80 fNt
over it, lines. Under the new condi-
lions the Denver q Rio Grandc having
no other outlet. continued. he said. 70
turn over traffic to the southern Pa
enc hut the volume Of business trans
fcrrod to the Denver a. RIO Grande
Us he Southern Pacific had si,rurk
steadily
This state Of affairs would be rem
cdiod. The witness intimatcd, as soon
a. the Western PHcl1c line to san
was completed u would
tncr he possible FOR the Denver q
liio Grande, MIR. jeffrey said. 60 COM
gctc with the Southern Paci1' on q
basis At least as favorable as that
existed before the merger.
The hearing Win be resumed tomor-
row when Victor Morawitz. formerly
chairman Of the board Of directors Of
the Atehison. Topeka q Santa Fo Will
be called.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-12
CATARRH CURED.
No Cure, No Pay, is a Most
Generous Offer.

To get an antiseptie strong enough
70 Kill catarrh germs n nor destroy
the tissues Of the membrane at the
same time, has been a problem which
was never solved until the discovery
81 Hyomei pronounced High-o-me).
Hyomei is prepared from euealyp-
tus, the most powerful yet healing an
tiseptic known Breathe II through
tho inhaler 0vor the innamed and
germ ridden membran four or FIVE
times 4 day. and in a few days the
germs viii disappear.
The innamed condition viii go. too.
and the snunling, hawking ana often
five breath. and the disc barge OF mu-
cous and crusts in the nose will cease.
Then why should any catarrh suf-
fercr hesitate. when j. H. O'I,ielly
has such faith IN Hvomci that he Of
fers 10 return your money II after a
fair trial Hyomei does not cur ca
iafrh
A complete Hyomei OUTFIT including
the inhaler. costs sf.00, ana extra bot
Ties. IL afterwards needed, cost but
so cents. Hyomei also cures asthma,
Group sore throat. coughs. oolA or
grip.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-12
Nouicc Tor Publication.


Department OF the Interior. Land
Onlco at santa Re. y. NJ. october
som. 1905.
Notice is hereby given that william
y. Lawrence. father of Ira f. LAW
renee td,ccased) OF Albuquerque. y.
81. has nlcd notice u his Intention
Co make FINAL i've year proof IN sup
port OF his claim Via. Homestead En-
Try No. a1is tus22iD made Nov. II,
1908. for the sNa, Section 4. Town
ship 80 y. Range 2 H. and that said
proof will be made before N. W. $.
Otero. ~ Albuquerque. \. NJ. on De
.cembcr Srd. lsos.
lie names the following witnesses
10 prove ais continuous residence up
on and cultivation " The hand. viz.
william jerks ~ Albuquerque. y.
NJ
George W. Dexter. Of Albuquerque.
y NJ.
y W. Garnctt. ~ Senorito. y. NJ.
T. NJ. Fsnton. % Jcmez Hot Springs.
y. N
! MANUEL r. oTERo. Register.
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-12
MURPHY TELLS MERGERS
EFFECT ON ARIZONA


t,oniipucd from Page I: toinm ID
naturally preferred TO have ore sent
Ia ~ Paso Tor smelling
Mr.. Murphy promised counsel for
the defendants to produce at a future
hearing statements nH 10 the amount
~ freight ahippeI over the PhocniN 4
Eastern railroad prior 20 the merger
In reply to questions as to the status
81 the Atchison Topeka a Santa FL
with regard 20 transcontinentai traffic,
Mr.. Murphy said tina everything was
IN readiness Tor the building Of the
line from bengal. cal. to san Fran
cisco.
Jacob II. Schin Of Kuhn. Loeb &
tsi.. fiscal agcnte for the Union Pacific
railroad. a -csdefendants in the case
WAS Il Witness today. liz Identified
tho plan OF congratulations nf the
present Union Pacific company under
which Il TOOK over the property and
commenced business in 1888 Mr..
Schin said he WIS q member Of he
board of directors whom the company
toek over the property and that $780,
0nu. 0un WAS issued To put the com.
pnny IN funds to pay FOR Southern
''srrtse stock and perhaps the oregon
Short Line interest when the Great
Northern purchased the Chicago, Buri
inatOn a quincy railroad hr said. he
thought iheT' were one or two dis
pusaiana between AIR. Hartman. AIR
Am and myself MI Schi1 said
mir Hartman objected 10 the chi
cugo, %nuriinston 4 quincy passing
into the hands of the Great Northern
H. said that he was satisfied az To
the conditions ana Thought they should
not be disturbed but that u the pur-
chase was made the Union Pacii,
shonld share IN H.
Mr.. schlh said ne thought Tin de-
clined the suggestion The witness said
that Kuhn. i4oeh a co bought q large
part of Northern Pacific stock la 1901
and sold 1t ia the Union Pacific and
oregon Smart Line
Had you q talk frs, with Mr Har'
rimnn g'
"Not until after our first purchase
What was the purpose OF the
Union pacihC and Great Northern IN
securing stock 81 the Northern Pa
clnc7p
~ believe Il was 10 maintain the
status QUO az the Chicago Burlington
a Quincy, @ sort Of hair interest Mr
Hartman diu not know whnt havoc
the passing OF control of Burlington to
another road or ronds might work for
ths Union Pacific
You did not want the northern
roads 90 control
Things worked out differently but
Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-12
FUR SALE

S2G50-5 room. frame cottage
modern convenlences, lawn,
shade and fruit trees; on High
lands; close In.
$22OO-5 room. modern. cement
block cottage, South Edith 81.
Close In.
sftOO-4-rOom frame, v. Sth ST..
soft. lot. city water; easy terms
II desired.
S1.35O-5-room frame, W. At
lantic ave, easy terms.
So, 00O-5-roOm frame, bath. pan.
try; lot 62hxI42; 5. Walter st.
Sf6OO-5 room frame. modern on
Highlands. close In; easy terms.
IL desired.
S1O5O-3 room frame. bath and
electric lights, including furni-
ture; easy terms.
81. s00-Double brick. 4 rooms
and bath on each side; close In:
rent $3.50 per month.
S2.50o - Two s-room cottages.
each with bath and electric
lights: Highlands, close in;
rental. sS2.O0.
business property and ranches for
sale.
A. FLElSCHER
HAY South Second Street