davidaulloa/AmericanStories huggingface dataset:
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11
SWELL PICTURE
WILL Be SHOWN
AT The BURLER

A good program is again on the
boards for the Butler theater to-
night The pictures are as follows;
"A Flash in the Night. This is
the most sensational railroad story
ever projected upon picture
screen. Kate signals her lover, an
engineer, for help from her room,
where she has been bound to
chair by her fathers clerk. Tom
sees the signal from his engine just
as he is pulling up to the station.
He Immediately jumps from the cab
window and rushes to the rescue,
together with the train crew, and
succeeds in capturing the hayward
clerk and saves his sweetheart.
This picture is a genuine novelty.
"The Sign of the Three Labels"
This is one of Edison's best COM
edies. A bride and groom unwit-
tinely offend "The United Brother
hood of Hotel Servants in Europe.
What happens to them almost beg
gars description until they finally
discover their mistake and square
themselves. a Modern Rip" a
Selig drama. Actors Hearts, a
pathe drama Don't fail to see
Santa Claus waylaid and robbed
Saturday night in the Riddles
Christmas
Baby Josephine" will be heard
| in new songs and dances
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11

c. H. Phillips. the then cashier
OF the Nye & Ormsby County bank.
to receive for deposit in said bank
a check of the Manhattan Jackson
Mining company for the sum of
s5,154.42, knowing the bank to be
insolvent. The indictment is based
upon a statute found in the statutes
of Nevada, 1907, at page Ala, chap
ter 1873, which reads as follows:
Every officers, agent, teller,
or clerk of any bank and ev-
cry individual banker, or agent,
teller or clerk of any individual
banker. who receives any de-
posits, knowing that such bank,
or association or banker is in
solvent. shall be guilty of en-
bezzlement.
The supreme court of this state
had occasion to construe this sta
tute in the case of Eek Parte Ricke!
(Tom Hickey. reported in 81 Ne
vada, at page So The court de
cided in this case that;
THE act of March 20, 1907
(Stats. 1907, p. Ala, c. 1892,
penalizing every officer of any
bank who receives and de-
posts" knowing that the bank
is insolvent, does not penalize
the act of assent to the re-
ception of a deposit, and, where
| a receiving teller of an insol-
| vent incorporated bank received
"a deposit. the president, though
knowing OF the insolvency, can
not be punished on the theory
that he assented to the recep-
ton Of the deposit, the word
receives" involving an afIirma-
tive act. and does not include
, an assent to the reception in
volving only mere passive
, acquiescence.
The settled law from his de-
sion. therefore, is that in order
r convict McQuillan of the crime
h charged in the indictment II is
!, cumbent upon the state to pro
y that McQuillan. the defendant. d
e actually receive the deposit in qu'
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11
APPLICATION FOR DISMISSAL IN
THE CASE OF The STATE VS.. j. ].
KQUILLAN GRANTED BY COURT

The following is the application
for dismissal OF the case of the
state of Nevada vs.. J ]. McQuillan,
presented to Judge Ayerill Of the
district court yesterday and is.
printed verbatim:
In the District Court of the Fifth
Judicial District OF the State of
Nevada. in and for the County of
Nye.
The State of Nevada. Plaintiff, VS..
J. J. McQuillan, Defendant.
To the Honorable Mark r. Averill,
Judge OF the District Court of the
Fifth Judicial District of the
State of Nevada. in and for the
County OF Nye.
On the 18Th day OF July, 1910,
the defendant. j. J. McQuillan, as
vice president OF the Nye & orms-
by County bank, was indicted by
the grand jury Of the county of
Nye for the crime of embezzlement.
Nothing has been done with this
case since the arraignment of the
defendant for the reason that il
was deemed best that the cause
should await the termination OF
the case of the state of Nevada
against Frank Golden, late presi.
dent of the Nye & ormsby County
bank. without motion or applica'
ton death removed the latter case
\ from your honors calendar and |
as district attorney OF Nye county
By authority Of the statute law o
this state. now make application L
your honor TO dismiss the case o
the state of Nevada VS.. J. J. Nc
Quillan. am satisfied that you
honor has the utmost confidence il
I my honesty and il is useless 70
me in making this application {
assure you that il is made in goo
faith and that | am actuated b
my sense Of duty TO Nye county
this court, and my fellow man.
. The indictment charges McQui
Ian, the defendant. with having o
the 25th day Of September l9Oi
wilfully. unlawfully and feloniousl
aided. abbetted and encouraged OF
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11
rnE DRINK uAnrr,

You should not drink but 4 you
do drink. drink al the New Nevada
Cluh. where you get pure goods
and live turkey with one drink,
II the cash register gives you the
right check i-9-tt
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11
CONSOLIDATED AFRO COMPANY.

Carrying unfed stats main aud
express makes daily trips frou
ronopah 10 Manhattan and Rouni
sfountian cars leave fouogah
daily on arrival % mail and leave
Manhattan 81 esao y m
" 4 HANDING k9eal
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11

fore your honor and you decided
that the act in question was upon
its face a judicial act and not
legislative act, and. therefore. void.
Since your honor's decision, how
ever, on this motion l note that
the Code Commission, consisting of
the members Of the supreme court,
in its crimes and punishment act,
which went into effect on the first
day of January. 1912. expressly re-
pealed the act OF 19OS-19O9. here
in referred to, but by section SCI
of the Crimes and Punishment act
| it is provided that:
The repeal of a law by this
act shall not affect any act
done, or offense committed or
the prosecution of a criminal
action or proceeding COM
menced, before this act takes
effect. but all offenses commit
ted prior to the taking effect
of this act may be prosecuted
to judgement and penalty inn
posed and such judgment and
penalty be enforced in accord
ance with the provisions of the
statute at the time of the COM
mission of such offense.
This provision written by the
court and incorporated into the
law by them as a Code Commits
: sion clearly indicates, to my mind,
that the supreme court would adj
; here to the contention made before
your honor by the said attorneys
for Golden, that the act of 1907
was repealed and there being no
saving clause in the repeating act
e excepting from its provisions, any
acts done or prosecutions COM
menced before its repeal.
am, therefore, as the district
7 attorney Of Nye county, face to face
: with the proposition whether | can
e successfully prosecute the accused
/ and if he is convicted would the
courts uphold the verdict From
Is the evidence in my possession
+ honestly and sincerely feel that
IN am not warranted in putting thi
he Comfy TO the great expense Q
prosecuting the accused, and in fair
ID ness to the public and in justic
e. to the defendant | most respectful
" ", for the reasons herein assigned
d, make this application to your homo
of for an order dismissng the case
en- tie state of Nevada vs.. ]. ]. M
bit 0uillan.
nd ]. A. SANDERS,
10 District Attorney of Nye Count
Nevada.
Ds- After hearing the application Il
he dismissal read, Judge NJ. r. Aver
he ordered the case dismissed up'
the the grounds set forth by Distri
the Attornev Sanders. in his appll(
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11

After hearing the application for
Dismissal read, Judge M. K. Ayeriii
ordered the case dismissed upon
1.-THE grounds set forth by District
Attorney Sanders, in his applica-
| ton for dismissal
Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11

District Attorney of Nye County.
Nevada.
Evening star., 1912-11-04
ANACOsTIA.

A number of the young girls of, this
community have formed society to be
known as the Junior Crochet and> En-
broidery Club.
The club is composed of Misses Nellie
Conway, Florence Dony, Mary Warren,
Nellie Warren, Helen King, Viola Petzold,
MYla Goddard, Thelma Arnold. Myrtice
Stone, Edith Dewdney, Helena Blinn and
Florence Blinn.
A special meeting of the official board
of the Congress Heights Methodist Epis-
copal Church has been called for Wednes-
day evening, when important matters will
be discussed preparatory to the meeting
of the third quarterly conference Thurs
day evening, when reports OF the condi-
ton of that parish will be submitted
Rev. DR.. j. w. r. Sumwalt. district su-
perintendent, will conduct Thursday $
meeting.
Mr.. and Mrs. Davit T. n. Shank, who
have resided in Anacostia for number
Of years, have moved to the city.
Electa Chapter, No. ., Order Of the
committee to make arrangements for the
annual visitation of the officers of the
Grand Chapter to the local body, which is
to take place in Masonic Hall the evening
Of November 20. Mrs l.. J. Smith, Mrs.
Frances Gurnsey. Mrs. Elsie Robinson,
Mrs. George Fl. Copes, Mrs. Edna Rauch-
enstein, Mrs. Mary I. O'Brien and Mrs.
program, including George II. Copes,
worthy patron of the chapter.
Mrs. Elizabeth Reed of Baltimore. Nd,
has been spending a few days with Mr..
and Mrs C. A. j. Williamson at their
home on Nichols avenue.
Evening star., 1912-11-04
BASS PLENTIFUL IN RIVER.
Long Strings Caught by Trailers in
Tidal Basin.

According to reports bass are more
plentiful in the river in the vicinity of
this city than they have been in
many years. During the recent moonlight
nights the tidal basin was found to be
full of fish and. trailing spoons. the fish
ermen each night caught long strings.
Some of the fish taken from the basin are
said to have weighed five pounds each
and over.
Along the sea wall about Potomac Park
good catches are being made both with
live and spoon bait. After dark seems
to be a favorite time for fishing, and
each night numbers of fishermen try their
luck on the wall and have good success.
Reports of the fish being caught from the
Wharves are also made.
Hunting creek, our Mile run, Occo
guam, Mattawoman, Chicomuxen creeks
and other nearby tributaries of the river
are also said to be full of the fish and are
the favorite fishing grounds of the sports
men from this city and Alexandria. Up
to a month or six weeks ago the fish
were very scarce and catches were few
and far between.
Evening star., 1912-11-04
OBSERVE VISITATION DAY
Clergy of Washington Presby-
terry Exchange PuIpits to
Express Fraternity.

Clergy of the Presbytery of Washington
yesterday observed this annual day of
visitation arranged as IAN expression Of
fraternity
Rev. DR.. Wood, pastor of the Church
of the Covenant. was assigned to West
Street Church. but had filled the engage
ment on the previous Sunday evening.
Rev. DR.. Marshall of West Street Church
remained in his pulpit
The list of assignments included: LA
Avenue. Rev. Paul r. Hickok; Metropoli-
tan, Rev. DR.. Wallace Radcliffe; Chevy
Chase. Rev. DR.. Joseph T. Kelly; West
ern, Rev. DIR. George Robinson; Takoma
Park. Rev. DR.. Donald c. Macleod; Hy-
attsville, Rev. Bernard G. Braskamp
Riverdale. Rev. W. H. Bates; Vienna,
Rev. I. b. Thompson; Warner Memorial,
kensington, Rev. George o. Little; Cove
nant, Rev. H. r. Johnson; Eastern, Rev.
George NJ. Cummings; lexington, Rev. O.
A. Dillingham;; Fifteenth Street, Rev. c.
B. Thompson; First, Rev. j. III. Durham
Fourth, Rev. E. n. Kirby; Paramount
Heights, Rev. F. j. Grimke; Garden Me-
mortal, Rev. H. B. Angus; Gurley Me-
mortal, Rev. j. K. Argo: Northminster,
Rev. T. D. Richards; Sherwood, Rev.
r. A. Davidson; Sixth. Rev Henry
nuIief, w eSlInlnStef Memorial, ReV. ISOD-
ert Robinson; Washington Heights hev.
T. c. Clark; Arlington, Rev. T. E.. Davis;
Ballston. Rev. A. w. Spooner Clifton,
Rev. James NJ. Nourse; DarnestoWn and
Boyds, Rev. W. II. Dexter; Falls Church,
Rev. II. E. Brundage. Hermon, Rev. S.
A. Bower; kenilworth. Rev. j. W. Wight
mon; Lewinsville. Rev W. H. Edwards;
Peck Chapel, Rev. D. A. Reed; Bethany
Chapel, Rev. D. w. Skellenger; Guntoa-
Temple Memorial, Rev. George S. Dun
can,
Evening star., 1912-11-04
AID WILSON CAMPAIGN.
Wives Of Democratic Residents Send
$50 to Candidate.

Mrs. Jesse w. Nicholson and Mrs. Rob-
ert Preston Shealey Of Chevy Chase, en-
thusiastic supporters of Gov. Wilson, in
a canvass of all the women of the neigh
borhood raised a fund of $50 during the
last. few days to aid the democratic
campaign. and last night forwarded this
amount to Gov. Wilson himself with a
letter expressing their best wishes for his
success
Although Mr. Nicholson is chairman of
the campaign committee of the wilson
Observation-Disclosures Worthington Democratic
Club of Chevy Chase and Mr.. Shealey is
chairman Of its finance committee, they
had nothing to do with raising this par
ticular fund, which was the work entirely
of their wives.
Evening star., 1912-11-04
FUNERAL OF MRS. L. K. HARE.
Services Tomorrow Afternoon at the
Church of the Epiphany.

Funeral services for Mrs. Mary Louise
X. Hare, widow of Judge Silas Hare OF
Sherman, Tex. who was found dead in
her bed yesterday morning at the Cecil
apartment. viii be held at 2 o'clock to-
morrow afternoon at the Church of the
Epiphany, Rev. DR. McKim officiating.
Interment will be in Rock Creek ceme-
terry.
Although Mrs. Hare was seventy years
old, she had always enjoyed the best of
health, and her death came as a great
shock to her relatives and friends. When
her niece, Miss Mabel II. Darte, went to
call her yesterday morning she found
Mrs. Hare lifeless in her bed. Mrs. Hare S
sister. Mrs. Charles T. Welsh of Oakland.
Cal, is her only immediate relative sur
vivins.
Evening star., 1912-11-04
AUTO AND RIG COLLIDE.
Accident Occurs on Livingston Road
Near the District Line.

An automobile owned by John y. Pow
ell. a consulting electrical engineer, and
surrey occupied by four men collided
last night on the Livingston road near
the District line. Both vehicles were put
cut of commission.
Mrs. Powell was on her way TO her
home at Rose Croft, Prince Georges
county, Md, ard was only a short DIS
lance from home when the accident oc-
CURED. James L. Lowe was operating
the car but he escaped injury, although
the headlights were demolished and the
radiator twisted. Mrs. Powell was thrown
from her SCAT. but was not injured.
William r. Bonds of 700 7th street,
William Blum, SO South Carolina avenue
southeast, j. IL. Croyo, 225 AZ street
southwest. and Charles Carson. All II
street southwest, were the occupants OF
the surrey. The four men were thrown
out, but were not seriously hurt.
Some time ago. II is stated, Livingston
road was lighted. but the Commissioners
reduced the number OF lights In the
county, and the road now IS dark at
night
Evening star., 1912-11-04
AUTOISTS ARE ARRESTED.
Constables at Hyattsville Have Busy
Time Yesterday.

Washington automobilists who took
advantage of the crisp weather yester-
day for spins in the country learned, in
several instances. that spinning is an in
dustry. or pastime, that is not encour-
aged in several nearby Maryland ham,
lets. Particularly was this true along
the Baltimore pike. Several spinners
were arrested for alleged violations of
speed ordinances, rules or laws.
At Hyattsville they have an ordinance
that fixes the speed limit on the four
blocks OF roadway that constitute main
street at ten miles an hour. Early yes
terday morning a constable halted henry
L. Cover, 237 7th street southwest, and
notified him that he was rum ng his ma
chine at Almost eighteen miles an hour.
Mr. Cover didn't believe it, but he had
to pony up S15 before he could get out
of Hyattsville.
Later in the day NJ. A. Jordan, also of
Washington; Douglass Burnett Of Balti-
more and Alex Dumont chauffeur for a
West Virginia tourist, We're hailed before
the justice Of the peace in Hyattsville
and compelled to put up SIS collateral
each.
Evening star., 1912-11-04
PLAN ANNUAL LUNCHEON.
Will Be for Benefit of Episcopal
Home for Children.

Members of the board of lady mana
gers of the Episcopal Home for Children
have completed plans for their annual
luncheon for the benefit of the home and
announced that it will be served in the old
Masonic Temple, 9th and f streets north
west. from 11:30 to = o'clock Wednesday
and Thursday, November Is and IA.
Because of the grsat success Of the un-
dertaking last year, when more than
thousand persons were served on each of
the two days. the board is planning to ac-
commodate a larger attendance this year.
in the expectation of making the 1912
luncheon the most successful in the his
tory Of the home.
The Episcopal home is located at Ana
costa and is caring for more than half
a hundred children. It's board Of lady
managers is composed of members Of the
various Episcopal churches Of the city,
Evening star., 1912-11-04
REMOVAL OF WRECK ORDERED.
Schooner Menace to Navigation in
Channel of Potomac.

To remove the wreck of the old schoon-
er Caroline III. Mears from the channel
OF the river through which she has been
drifting since she waterlogged early in
the past week, the United States Army
engineers tug Castle made a special trip
down the river Saturday. The vessel was
found almost in midchannel in the
lredged cut through the Mattaw oman
flats and directly in the course of steam
ers. The Castle got a line TO the vessel
and towed her into shoal water on the
Virginia side Of the river, out of the way.
The engineers office Saturday obtained
data as TO the ownership of the Mears.
her size and the like. and it is understood
that her owner will be notified to raise
the vessel. In the event of this not being
done within a reasonable time the engi-
neers' office will take charge of the craft
and will destroy ii as menace to navi-
CATION on the river. II is stated that the
lighthouse service steamer Maple left
Baltimore Friday night for the Potomac
in order to place a lighted buoy on the
wreck as warning to vessel masters to
keep away from the old schooner.
II is understood w. A. Rose of Amber,
Va, owner of the Mears has not deter
mined what he will do in regard to rails
ing the Mears IL 1t can be done.
Evening star., 1912-11-04
FOUND DEAD IN BED.
Andrew H. Knott Of Richmond, Va,
Expires in the Night.

Andrew II. Knott, seventy years old, a
travelling salesman, whose home is be-
lieved to be at q East Main street, Rich
mond, Va, was found dead in bed at his
boarding house, 10 Grant place northwest,
this morning.
A sister is said to be living in this city.
Efforts are being made by the police to
locate her. The Richmond authorities
have also been notified ofshis death.
For the past five years Mr. Knott. on
his trips to this city. had stayed at board
Ing houses in Grant place. About one
month ago he went to the house In which
he died. He represented several gass,
pottery and trunk companies.
Last evening he was i'll and physician
was called to attend him. He was ap-
parently better when the physician left
the house. When the landlady went to
call him this morning she found he was
dead.
Coroner hewitt gave a certificate OF
death from natural causes.
Evening star., 1912-11-04
FUNERAL OF GEN. O'REILLY.
Full Military Honors to Be Accorded
at Rites Tomorrow,

Funeral services for Maj. Gen. Robert
Maitland O'Reilly. physician and close
friend Of President and Mrs. Cleveland.
who died early yesterday morning at his
home, 1925 Q street northwest, will be
held at 10 o'clock tomorrow morning at
st. Patrick's Church. where Mgr Will
liam T. Russell. assisted by the associate
rectors of the church, will celebrate high
requiem mass. An escort of cavalry from
Fort Myer. Va. will accompany the body
to it's final resting place in Arlington
where interment will take place with full
military honors.
The. honorary pallbearers will be As
sistant Secretary of War Robert Shaw
Oliver, Surg. Gen. George III. Torney, Cen
James A. Buchanan, retired: Brig Gen.
James Allen, chief of the Signal Corps;
Col. Jefferson r. Kean, Col. Walter D.
McCaw and Maj. Francis A. Winter of
the medical department, U. S. A., and
Gen. G. w. Davis, retired.
Evening star., 1912-11-04

was raised in the discussion of the sub
ject which followed his address whether
the ravages of the insect during August
and September were injurious to the
trees.
Distribution of primate fauna i'm the
Pacific ocean was considered by Austin
II. Clark of the National Museum, in a
paper read before the organization. DR.
Paul Bartsch. who has recently returned
from an expedition to the Bahamas on
the Carnegie Institution exploration ship.
described the fauna of the islands, and
illustrated his lecture with scenes and
pictures of specimens. Dr. Bartsch is
also an attache of the National Museum.
Evening star., 1912-11-04
WATER Low IN RIVER.
Flats in Vicinity Of City Laid Bare
by the Gales.

The heavy northwest winds of Saturday
and the lighter ones of yesterday have
caused very low water in the river, and
for the seond time within a month the
flats in the vicinity of this city were
laid bare and vessels in shoal docks were
left lying on the bottom. At low water
yesterday it was estimated that the water
level was about four feet below that of
the usual low tide. This morning it was
Slightly higher, and the river men look
for return of normal tides this evening
or tomorrow morning.
The low water interfered somewhat
with the steamers on the river lines by
preventing them from reaching the
wharves in the shallow creeks, but the
recent deepening of number of these
waterways does not make low water the
serious obstacle to navigation it was
year or two ago.
Evening star., 1912-11-04
PLEASE LARGE AUDIENCE.
Young People Of the Washington
Saengerbund Entertain.

Young people of Washington Saenger-
bund connection attracted a big audience
to the Saengerbund clubhouse last even
Ing for the young talent concert, and
quickly won their way to favor.
A big opening number, with Miss
Marion Fouke, a violin soloist, and Mas
ters A C.iffo, w. w. Kirby and III. Donch
and Miss Emma Roesch at the piano,
called forth the first outburst of ap-
plause, and Miss Ruth Bronson scored a
success with her violin solos. Miss Char
iotte Wolf, Miss Henrietta Gumprecht,
Miss Augusta Braun and Masters Wilbur
Stein and a. Kaminsky were also recipi-
ents of hearty applause for their con-
tributions to the program.
Evening star., 1912-11-04
SPECIAL RITES FOR DEAD.
Catholic Churches to Conduct Serv
ices During November.

The Catholic churches OF Washington
will conduct special services for the dead
throughout the month of November.
Rev. Joseph F. Magee, pastor of the
Shrine of the Sacred Heart, will preside
at memorial services tomorrow in MEM
ory of the late Rev. Alexander c. Doyle.
founder of the Apostolic Mission House
at the Catholic University. He will cele-
brate solemn requiem high mass at am.
Rev. Father Elliott, successor to Father
At st. Patrick's Church Rt Rev. Mgr.
William T. Russell will offer mass each
morning. The Dominicans and Jesuits
will also conduct daily services for the
dead throughout the month.
Evening star., 1912-11-04
SHUSTER SPENDS DAY HERE.
Former Official Of Persia Interested
in War, But Refuses to Comment

W. Morgan Shuster, who for the .ast
nVe months has been in South America,
investigating financial conditions for a
New York bank. was in Washington yes
terday with his family visiting his father,
". NJ. shuster, 1922 Q street northwest
Mr Shuster formerly was treasurer gen.
eral of Persia.
En- route home from South America Mr..
ohuster visited the Panama canal, under
construction, and in speaking of the
project last night he said that the work
being done is marvellous, and that to ap-
preclate the scope OF the work it must
be seen.
Persia, Mr.. Shuster is vitally interested
In the war of the Balkan states, but d d
not wish to comment on the situation.
He left last night for New York, having
been In Washington only for the day.