davidaulloa/AmericanStories huggingface dataset:
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22
The people of Cass Lake have al

The people of Cass Lake have al
ways maintained sort of open
battle with the government officials
at Washington, in an endeavor to
force the forest service and the
interior department to give more
land for public domain and opportun-
ity for settlers to get claims and
make homes, and there have been
some exceedingly strong measures
taken to force the Washington
folks" to open additional territory
to the people who settled at Cass
Lake originally as " squatters.''
OF late. during the normal school
fight, the Cass Lakers have kept
silent as to the encroachments OF the
national forest reserve, although an
armed neutrality has been main
tanned. The quiet being to enlist
the services of the supporters of the
reserve. But the arms have been
taken uD again, and now the fight is
resumed in earnest.
Title to land around Cass Lake is
of a doubtful and cloudy nature, as
the following, taken from the Cass
Lake Times of Saturday, will indi-
cate:
"a recent ORDER of the Interior
department withdraws all the
lands of this and the Winni-
bogshish reservations for period
of six months to allow the Indians
who have not received allotments
to select them from the tracts that
were supposed to be for home
stead entry. Many of the tracts
within the limits of these reserves
have already been settled upon
and there will be no little diff
Guilty in settling the disputes that
will arise over these entries or
settlements. ga
a strenuous effort has been made
by the Agricultural department to.
have all Indians who hold allotments
on the forestry reserve relinquish
their holdings there and select lands
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22
Nymore Schools to Be Graded.

State Graded School Inspector
Chalman inspected the Nymore
schools Friday and stated that he
will recommend to the state authori-
ties that the schools in that village
be graded.
The Nymore schools have 500
pupils. c. L. Hebron, who has
been principal of the schools during
the last three years, has been re.
elected and will commence his
fourth term next fall.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22

There was another large crowd
in the court room this morning
when court convened to listen to the
arguments of County Attorney Nc
Kusick for the state and Henry
Funkley for the defendant in the
Nelson murder trial.
Mr.. McKusick occupied about an
hour and a half in summing up the
case of the state, and his effort was
a strong one. He went over the
evidence carefully, both that given
for the state and that procured by
the defense.
Mr.. McKusick laid stress on the
statement made by MI. Funkley
when he opened his case, in which
the latter had said he would impeach
the evidence that would be given
by some of the states witnesses and
dwelt on the attempts of Mr.. Funk
ley to carry out the statement.
The county attorney dwelt on
the testimony as given by Mel
son in his own behalf and told the
jury that that testimony alone was
about enough to convict Nelson,
and substanttated some of the
contentious made by the state
which tended to prove the guilt of
the defendant.
Mr.. McKusick ridiculed the
story told by Nelson of the man.
ner in which the defendant claimed
his gun was stolen, and pointed
out how, in his own mind, it would
have been absolutely impossible
for the pistol to have been taken
in the manner described by Mel
son.
The defense had stated that
Nelson, would not admit that he
had killed Fuller but would claim
that the states witnesses had not
told the truth.
Mr.. McKusick sifted every par
ii lie of evidence that would tend to
cast shadow of guilt on the defend
ant. He claimed that the evidence
showed conclusively that Nelson had
been at Hyatt's saloon and had
shown his gun to Hyatt; that he had
left Hyatt's place but few moments
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22

to allow him to have done what the
stranger did who shot Fuller, and
that the man who was seen running
on the road east of Fowlds was no
other than Nelson, and the every
movement of that man indicated that
he was Barney Nelson.
Mr.. McKusick stated that there
were three matters which stood out
boldly against Nelson and proved
his guilt beyond a shadow of a doubt.
They were that the man whom the
boys met running on the road east of
Fowlds was Nelson, that Nelson leit
Hyatt's saloon but a few moments
before the shot was fired that killed
Fuller, and that the bullet taken from
the body of Morris Fuller was very
similar to those used by Nelson in
his big pistol.
In conclusion, Mr.. McKusick
stated his belief that there was not
a person within the hearing of his
voice, who did not have pity for
the defendant. Nelson was of
good moral character, a peaceable
citizen, but just the kind of man
who would harbor a grievance to
such an extent, when under the
influence of liquor, he would shoot,
as he had evidently done on the
night of the killing of Fuller.
After recess, Mr.. Funkley took up
thd argument of the case Gin. behalf
of Nelson. +
Nelson, though very pale, was COM
posed and watched the jury and his
attorney alternately all through
the speech of Mr.. Funkley. = --~. r..
In beginning, Mr.. Funkley stated
that he realized the seriousness of
the responsibility that was placed
upon him-that of defending a man
accused of most atrocious crime,
the taking of a human life. The
speaker claimed that the circumstan.
tial evidence introduced by the state
had been Of a very misleading and
unsatisfactory nature, and related
an incident showing how an innocent
man can be convicted of crime he
never committed, simply through
the miscarriage of circumstantial
evidence.
Mr.. Funkley called attention to
the fact that the defendant had
thumb missing from his right hand,
and that he (the defendant) had
testified shat he could not fire the
big pistol so often referred to in the
case without the use of both of his
hands; and then recited that the
testimony of the state showed that
Nelson wore a holster on his right
side with the gun in it. Fuller,
when he was shot, had placed his
right hand on the strangers left
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22
Spring Opening.

The Berman Emporium will hold
its annual spring opening on We'd
nesday, March "a, when a full and
up-to-date line Of spring millinery,
suits. coats, skirts, waists, furnish
ings and shoes will be shown. A
cordial invitation is extended to all
the ladies Of Bemidji and vicinity to
attend this opening.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22
FATE OF BARNEY NELSON
WILL SOON BE DECIDED
Case Against Nelson Charged with Murder in the First
Degree Was Closed at 1926 This Afternoon
and Jury Retired. &c..

The jury in the Nelson case re-
tired this afternoon at 2:35, at which
time Judge Stanton concluded his
charge. The charge of the judge is
considered as one of the most impair
tial and careful reviews of a case
which has yet been given in this
court.
In concluding the charge the judge
gave the jury three forms of verdict
which they might return, one, guilty
of murder in the first degree; second,
guilty of murder in the second de-
gree and third, not guilty or acquit-
tai.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22

installation of officers in the city
hall Saturday evening.
About forty charter members of
the local lodge and thirty-fve visit
ors from Crookston, Wadena, Park
Rapids and Akeley were present,
and the following officers were
elected: Matt Thome, president;
Louis Venner, vice-president; Matt
Meyer, ex-president; Frank Silver
sack, conductor; ]. Ripple, Fred
Brinkman and Adolph Klein,
trustees. The other Offices are APP
pointive.
Hereafter the regular meeting
of this lodge will be held in the.
Eagles hall on the second and
fourth Mondays in each mouth.
Wednesday, March "a, spring
opening at the Berman Emporium.
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22


their ends.
shoulder. How could the stranger
have drawn the gun with the left
hand and fired instantly?
According to Mr.. Funkley, pre-
sumption of innocence followed the
defendant all through the trial,
which the state must explain, not
the defendent.
Nelson's counsel explained the
different degrees of homocide and
then stated that the court would
undoubtedly, IN his charge, call
the attention of the jury to the
possibility of finding Nelson guilty
of the CRIME of murder in the
second degree.
The counsel stated he believed
that no jury would ever convict
man of murder in the first degree
on what he claimed was SUI ch dis
connected evidence, which in no
wise could be construed as being
conclusive of the guilt of the
defendant. .-
Mr.. Funkley vigorously attacked
the evidence given on behalf of the
state by Archie Brown, who was with
Fuller when he was shot, and whom
Mr.. Funkley called the star witness"
The speaker asked the jury what
they thought of a big man, in the
prime of his manhood, like Brown,
who would run away like cur when
his companion had been killed, and
after he had seen the man who was
said to have done the shooting had
also ran in the opposite direction.
He believed everyone around Fowlds
that night was drunk, or really had
more liquor "abors" than was good
for them. ..~
Why, asked Mr.. Funkley, did not
Brown give chase to the alleged
stranger who was getting away as
rapidly as possible, instead of hiding
behind the warehouse; and why did
Brown remain there, and not once
come until others had discovered
the body of Fuller, and when he did
come out why did he say he was
shot as we'll as Fuller? The speaker
referred sarcastically to the testi-
mony of Brown, wherein he referred
to the idea that he had been shot
because he felt something on his
check. . ., ~-~-
There is reason for this" said
Mr.. Funkley. There is something
in Or back of this case that the
county attorney or Brown don't want
you to know. Brown is the only
eye witness to the tragedy, and he
has told a most unreasonable story"
Mr.. Funkley denied emphatically
the statement made by the county
attorney. to the effect that he Mr.
Funkley) knew that the evidence as
to the bad character of the deceased
would not be admitted.
Reference was made to the CONVEX
sation which Brown had in the
barber shop the morning after the
tragedy, when Brown told a some
what different story than when on the
stand at the trial, especially in which
H. H. Wheelock alleged that Fuller
should have said to the stranger who
did the shooting, just previously to
the shooting that he (the strangely
must have money.
Mr.. Funkley charged that there
had been much memory-fxing, in his
opinion, on the part of the witnesses
for the state, and he referred to one
witness of the state as being self
confessed thief.
There was dispute between the
council for the defendent and the
county attorney as to what ex-Sheriff
Bailey's evidence had been with
relation to what Nelson had told
him.
Mr.. Funkley dwelt on the argu-
Continued on last naua
The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-03-22
Why Pay Rent?

We loan money on city property
which you can repay in monthly
payments. The 7. ]. Miller Com
pany.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
! REAL ESTATE
TRANSACTIONS
; >>>>$>>~>'
Recorded March 30.

Recorded March 30.
Est of Emma Kaleleonalani by Tr
TO Honolulu Plantn Co Ltd ct al; Con.
sent; to Grants in Lib 245, fol 1873 and
Lib 315, fol 23i. Eva, Oahu; 81. y
S2l. u 2O6. Dated Mar 22. 1903.
Willard NJ Scott to Dept of Pub In.
struction of Ter Haw; BIS; eight.
room cottage, Keauhou. n Kona, Ha-
wall; $1,000. b 321, p POS. Dated Mar
80, 1909.
Recorded March 81, 1909.
a Lewis Jr and VT to Peke Kahau-
lelio; ID; int in Lot 2. Blk +, Kapiolani
Tract, Honolulu; s2O3.4O. d 31G, p ZIG.
Dated Mar I. 1909.
Joseph Medeiros to John X Bun.
kcr; Agrmt; to sell for 5000 Lot 20.
Biz ., Kapiolani Tract, Honolulu; 500.
Il 321, p 2ll. Dated Feb 20, 1909.
S G Allen Trust Est by Trs tufLo.
kinahana Kahai Rel; lot 81, blk 3,
Kewalo Tract, Honolulu; $500. Il 800,
p 3Si. Dated Mar 20. 1909.
Alfred MagoOn to Lokinahama
Kahai; Rel; lot 21, Blk 3. Kewalo
Tract, Honolulu; 1925. 3OG, 3S5.
Dated Mar 30, 1909.
Lokinahama Kahai and hsb cd 10
Pa Kcoahu anu VT; d; lot 81. blk >,
kcwalo Tract, Honolulu: $1,000. b
$40, p 119. Dated Nov I, 1905.
Keala Kcoahu and hsb CP) to Pio..
ncer Bldg & Loan Assn of Hawaii: NJ
lot u, Blk 3, Kowalo Tract, Honolulu:
$500. d 800, p 1856. Dated Mar 20.
1909.
Mary G Camara and hsb G. M TO
Ida Il Lamb: d; lot - of Or 3ij2,
bldgs, etc, Berctania st. Honolulu:
S25oO. u 3l6, p 12l. Dated Mar "a,
1909.
Ida Lamb by atty to Mary C Ca
mara; Par Rel; from all claims. etc.
under mtgo In Lib. 22l, fol 277. on 2
pcs. land. bldgs, etc, Young St, Ho-
nolnlu. 1916, y 122. Dated Mar %,
1909.
Ching Kong Shm and VT TO Ida Il
Lamb; Par Rel; lot u of CIR 1862. Der.
etania st. Honolulu. u $40, u 1913.
Dated Mar %. 1909.
Julia Edwards and hsb q CT nv
atty ct nj to J Alfred Magoon: ID:
lots ! and 3, X p 4i23, Ap | of sub.
div. Machada CKing ST. property. King
st and Robello Lane, Honolulu: $3.50.
u 3l6, p 1876. Dated Dec. 81, 1908.
Charles + Peterson to Trs of Der.
nice p Bishop Museum; BIS: | Hawn
feather caps, Bishop Museum, Homo
lulu; $500. b 321, p 2lS. Dated Mar
81, 1909.
Kimokeo Kipapa and VT TO E
Winston; d; IL int in por r p 80. Kul
'lf7. Liliha st, Honolulu; 800. Il
BIG, p 1913. Dated Nov %, 1908.
kellikm Kipapa ct al to L C Wins.
ton; D Al int in por r p 90, Kul 11l7.
Liliha st, Honolulu; $500. b 316, d
100. Dated Dec 81, 1908.
b Castle and VT to Bishop of Zeur.
ma; ID; por Sec. OF Part 2, Kul 11O2g.
Manoa Valley, Honolulu; $50. b 31G.
, 1872. Dated Mar 30, 1909.
Pauhiwa Maxi and VT to A C Dow.
sett; d; Ps 1882 and 1903 and 1.2 int
In X j, 1881, Kuele, etc, Wailau. Mo.
lokai; 500. d 31G. p III. Dated Oct
27, 1908.
I Tokugawa to NJ Nakamura: rs:
int In loasehold, bldgs. growing crons
etc, Wailuku, Maui; 5000 d 32I "A
ZIP. Dated Mar 81, 1909.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
The REAL BOOK

Brewing Book Beer requires faciI.
tues which exist only in the largest
Dreweries on the mainland. The hest
u IT. comes from the State of Wash.
,nSton and the best in that State Is
0rewed In the Rainier Brewery. Ii
Nlii be on sale at all bars and cafes I'm
Honolulu ON Wednesday. Order Rain.
Ter for purity.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
ENTERTAINMENT FOR
JAPANESE SQUADRON :

Thursday, April g.
oihcers and cadets who did not 20
on the Haleiwa trip will be taken to
me Fan by auto, as guests OF the
Honolulu Chamber of Commerce.
Friday, April O.
Officers and cadets will be the
Euests of Hon. S. NJ. Damon at his
country estate at Moanalua.
From to II a. m. the flagship
oand VIII play in the Capitol
grounds.
Saturday, April 10
Depart for Hilo.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
Alexander Z Baldwin
LIMITED.
LIMITED.
OFFICERS AND DIRECTORS.

uErlOEho AMI DlhECCUkS.
H. ?. Baldwin. ......... President
], =. Castle. Vic President
W, M. Alexander. Second Vice Pres.
J. P. Cooke. ..................
-. Third Vice Pres. and Manager
y. Waterhouse. Treasurer
E. Z. Paxton. .....s. Secretary
W. 0. Smith. ......... Director
]. r. Gait ............. Director
W. r. Castle. ........... Director
SUGAR. factors,
GO&AiSSIuA NERO HAEIS and
IhSykAHGE A6cRIS
.L.t Agents for
Hawaiian Commercial & Sugar Co.
Haiku Sugar Company.
Paia Plantation.
Maui Agricultural Company.
Hawaiian Sugar Company.
Kabuku Plantation Company.
Katului Railroad Company.
Haleakala Ranch Company.
Honolua Ranch.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
Glars spreekels. Nm. o. Irwin
Jaus Sgrectel5 & Co
Ark &&
HONOLULU. 7. \.

San Francisco Agents Tho Nc
rada National Rank of san nahclScO
Draw Exchange on the Nevada Ma
ional Bank II san francisco
Lordon-The Union OF London m !
smiths BaDG, Ltd.
New TC~'C--American Exchange
National Bans.
Chicago Corn Exchange Nntiona,
Bank.
ParIs--Credit Lyonuais.
honakona and Yokohama Hong
gong Shanghai Banking Cooperation.
New Zealand and hustraIia--BauE
OF New Zealand and Bank OF Austria
.agia.
Victoria and Vancouver - Bank OF
British North America.
Deposits received. Loans made on
approved security. Commercial ana
Travellers Credits issued. Bills OF
Exchange bought and sold.
Collections Promptly Accounted For.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
c. Brewer & Co., Ltd.
STREET, HONOLULU, T. X.

AGENTS FOR:
Hawaiian Agricultural c., OoItaIs
Sugar Plant. Co, Ouomea Sugar CS..
Honomu Sugar Co, Wailuku Sugar Co.,
Pepeekeo Sugar Co., The Planters
Line Of San Francisco Packets.
LIST OF OFFICERS:
C. NJ. Cooke, President; oeorgS
Robertson, Vice Presi dent and Mana
ger; (. F. Bishop, Trsscurer and Sec.
Rotary; 2. w. Msefarlane, Auditor; p.
C. Jones, C. M. Cooke and J. r. Gait
Directors.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08

Collections Promptly Accounted For.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
-aStIe & Cooke, Ltd
Honolulu, T. Il.

---------
SHIPPING AND COMMISSION MER.
CHANTS. SUGAR FACTORS
and
GENERAL INSURANCE AGENTS
representing
Eva Plantation Co.
Waialua Agricultural Co, Ltd.
Hohala Sugar Co.
Waimea Sugar Mil! Coz
Apohaa Sugar Co, Ltd.
-
Fulton Iro1 Works o. st. Tnaia
Blake Steam Pumps
Wsston's Centrifugals
Bsbcook q Wilcox BOilen
Green's Fuel Econcmizar
Marsh Steam Pumps
%atson Navigation Co.
Planters line Shipping Co.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
Vim. 6, Irwin & Go.
LIMITED.
SUGAR FACTORS and
COMMISSION AGENTS.

kgerb for
Oceanic Steamship Co., San Francis.
co. Cal.
Baldwin Locomotive Works, Phila-
deiphia, Pa.
Hakalau Plantation Co.. Hilo sugag
Co, Honolulu Plantation Co..
Hutchinson Sugar Plantation
Co, Ki!auea Sugar Plantation
Co, 0lowalu Company, Psauhau
Sugar Plantation Co.. Wanna
nalo Sugar CO.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08

FROM SAN FRANCISCO TO HOMO.
LULU DIRECT.
PLElADES, TO SAIL APR. II
Freight received at Companys
wharf, Greenwich Street.
FROM HONOLULU To SAN FRAN
CISCO.
PLElADES. TO SAIL ......MAY l
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-04-08
ROOF GARDEN BAND CONCERT

There will be public band concert
ms evening at 1880 at the Alexander
Noung Hotel roof garden. Program
follows;
Part |
MaTch' Moitke .,...,..,., Preusse
overture; Road to Glory -. King
Ballad: Holy City (by requesD
'''.'' .',..,.,..... Adams
Selection: II Troyatore ...... Verdi
Part II
Vocal; Hawaiian Songs.ar. by Berger
Selection: bohemian Girl 80. Balfe
Waltz: 1901 Nights ........ Strauss
Finale: japanese Melodies ......
'''''...,,,,... ar. by Berger
The Star-Spangled Banner
Los Angeles herald., 1909-08-27
WHARFAGE COMPANY
lNSPECTS HOLDINGS
Directors of Pacific Wharf and stor=
age Company Decide on the
First Work to Be Done
on the Slip

SAN PEDRO, Aug. 26-In order 20
determine the location of the first slip
which Is to be dredged from the inner
harbor into their holdings, the directors
of the Pacific Wharf and Storage COM
pany paid an official visit here today.
With them was the company en-
gineer, II. HaWgood.
This concession includes eighty-siX
acres, and lies cast Of the east jetty.
A substantial rock wall has been built
along the entire easterly edge, and Is
nearing completion near Deadman'
island.
Five slips in all will be dredged from
500 to 1000 feet in length and 200 TO
25O feet in width. The east government
lefty viii be removed in order to cut
the slips through When completed,
wharves and bulkheads Of reinforced
concrete piling will be constructed, and
storage warehouses with modern I'M
provcments viii be built.
Bonds of the company aggregaune
S115,0O0 were recently sold, and many
applications have already been made
for locations on the new made land.
1t has been conceded here that the
first land available for warehouse pur-
poses on san Pedro harbor will be al
this point, the work having gone stead
ily forward since it was started. The
directors of the company are Louis
Blankcnrorn. John T. Gaffcy, NJ. Ep-
stein. J. c. Wickham, Thomas Hughes
A. f. Gilmore, L. $. Field, s. Q. Hogan
II. Hawgod, S Hutton, Ben r. Page
p. NJ. Gaffey, r. n. Bulla and JOSEPH
Bastabel.
Los Angeles herald., 1909-08-27
STORM AGAIN TIES
UP DESERT ROADS
CLOUDBURST WASHES OUT
TRACKS ABOUT NEEDLES
San Bernardino Is Treated to Wonder
full Electrical and Cloud Display
over Mountain Tops-Trains
Are All Late
Especial to The Herald. ]


SAN BERNARDINO. Aug. pa
terrific storm swept down on the
Mojave desert last night and today is
raging unabated in the San Bernar-
dino range. Although no rain has
fallen in the valley on this side, a
number of cloudbursts have occurred
in the high canyons and peaks where
the clouds are banked thick, distant
peals of thunder drifting down from
those regions. Last night frequent
flashes of lightning on the desert were
discernible from this city over the
range.
For hours the rainfall was tremend-
Gus on the desert and the dry creeks
were swollen to such torrents that for
the second time within two weeks the
Santa Fe was paralyzed and unable to
move trains In either direction from
Needles, due to bad washouts between
that point and Goffs, where the re-
Gently repaired track and bridges were
again damaged by the onrush of
water.
In the vicinity of blackberry, Ariz.,
a hundred miles from Needles, another
bad washout occurred and the town
of Needles was isolated from all rail-
road communication through the night.
The overlands due here this morning
passed blackberry before the storm
broke, but were held at Needles until
daybreak this morning, unable to
move over the tottering track between
there and COTS. The California
limited, together with both overlands,
passed through this city after o'clock
tonight, the latter over thirteen hours
behind their schedule.
As yet no report of damage in the
San Bernardino range has been re-
ceived, although the rain was general
throughout the higher canyons.
Los Angeles herald., 1909-08-27
WORK TRAIN HITS
AUTO, INJURlNG 2
PACIFIC ELECTRIC MOTOR
WRECKS CAR
Laundry Owner Drives In Front OF
Speeding Street Car and Is
Struck-Drlver's Foot
Is Crushed
Especial to The IIerald.I

PASADENA, Aug. 26.-Struck by a
work train Of the Pacific Electric road,
a big Thomas "60," the property Of z.
S. Toilette, manager of the Royal
laundry III South Raymond avenue, was
completely wrecked, It's owner and
driver injured, and his uncle severely
shaken up today. The fact that Motor
man B. c. Chandler had his car under
close control probably accounts for the
fact that both men were not killed.
The work train was coasting down
the hill in South Ramona avenue, when
the men and the machine started In
the same direction a few rods ahead.
A short distance below Mr.. Toilette,
not hearing the motor and fiat cars
coming up from behind, started to cross
the tracks. The Thomas was struck
broadside, showed some seven or eight
feet along the road and half overturned.
The older man, who refused to give his
name, was thrown back into the ton
neau and escaped injury, save for a
few bruises.
His nephew, however, was caught
Beneath the car when It turned over,
and the left foot badly crushed, sew
eral of the bones being mangled and his
flesh torn and bruised. He will be con-
fined to his home for some time to come.
The uncle admitted he had not heard
the train coming and did not think Mr..
Toilette had, either. The Thomas was
completely wrecked. the wheels being
telescoped, the chassis bent and
twisted, the body crushed and the diff
ferent parts Of the engine wrenched.