davidaulloa/AmericanStories huggingface dataset:
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
FEAR MARINES
.AMBUSHED BY
.NICARAGUANS
OFFICIAL NEWS Is LACKING, BUT
EBB HAVE BEEN NuRDEHED.
SITUATION or PoncE BErwEEN
500 AND 500 MDM REGARDED
As PEECAnIouB NOW.

WASHINGTON. Sept 2o.-Navy and
state department officials to-day did
not "ttempt to conceal their anxiety
concerning the Nicaraguan situation.
here from the Central American rs-
public during the last 20 hours. despite
the fact that Admiral Southerland's y
last report stated that railroad and
Corinto and Managua was open and
that he had little difficulty In gather
ing news from the interior.
Between 500 and 300 marines. divided
Lieut. Col Long and Maj. snediey But
Ter. are known TO be In the vicinity OF
Granada a portion OF whic city is held
by the rebels under Gen. Zeladon. who
has threatened 70 fire on the American
troops II the latter do not return to
Mansgua. As Zeladon is known to be
equipped with number of machine
guns and at least four heavy Krupp
guns while the American troops have
only three three-inch guns. the Ameri-
cans situation Is regarded as extremely
precnrious.
state department reports Indicate
that the Nicaraguan government forces
have taken Mesaya. but that the rebels
aree ntrenched strongly in Granada.
from which point Of vantage ~ would
be difficult to dislodge them. Col. PEN
dleton has Gent Lieut.. Col. Long to
the aid OF Mai Butler. and this action
Gus danger 20 the latter. and officials
here fear that the small detachments
Of marines has been ambushed near
Granada and cut TO pieces.
Government oaicials are unable 20
account for the entire lack Of official
news from Corinto and ManaGua and
Acting Secretary OF the Navy Beekman
Winthrop sent several MESSAGES TO
immediate and sepcihc information re-
garding the situation.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
MAY APPREHEND JOHN
ID. AND ASSOCIATES
Lawyer in New York Declares
That Petroleum Concern
Evaded Dissolution.
More Light Shed on Standard OIL
Interests and the Magnolia
Petroleum.

NEW YORK. Sept. 2o.-The arrest
OF John ID Rockefeller and his asso-
cia'es In the old Standard Oil company
for contempt OF court and the appoint
ment of a federal receiver for each OF
tho former Standard subsidiaries may
follow the disclosures being brought
out in the hearing OF the Standard
Oil-Waters-PierCe suit. now going on
before Commissioner A. l.. Jacobs.
This course OF procedure was threat
ened to-day by one OF counsel for the
Waters Pierce Co. which Is being sued
because II refused to recognize the
election as directors OF men who. Il
charges. represented the old Standard
crowd. seeking by this method TO re-
gain control OF the company.
lt Is astonishing that the govern
ment officials could be taken in so
easily as TO believe there ever was
such thing rs n dissolution" said
this attorney. Eve. bit OF evidence
so Tar produced has shown that in
every one OF the old subsidiaries OF
the Standard Rockefeller and his as.
sociates siill own n contrlIing interest
and that not one OF the ubsidiaries has
tried In any way 20 increase the scope
or It's business. contenting itself with
doing business I'm the same territory
In which IL worked before the dissolu-
ton order came from the supreme
court
The question as 10 whether the
Standard Oil interests attempted 10
prevent the Pierce-Foidyce OF Asso-
citation OF Texas from obtaining con-
troll OF the Texas City Refining Com
pany out of desire To break up the
trade Of the Fordyce was next taken
up. William J. Hyland. who had an
option on the Texas Cliy Oil Refinery.
was asked II he remembered that ]. A
Mohett. Standard Oil director. had
asked him. after the expiration of his
option on the Texas CITY Refinery. II
he was still in position to sell il.
Il believe he asked me II had sold
IL. but not II was still in q position
10 sell u. said the witness
Morelight as 70 the relation between
Standard OH interests and the recent
~ indicted Magnolia Petroleum Com.
Continued on Page Eighty
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
MONEY STOLEN
FROM EXPRESS
Package Containing Over Fifty Thou
eand Dollars Suddenly Dis
appears from Train.

PENSACOLA. F1a.. Sept. 20.-A
package containing s55.OO0 disap-
peared in transit from the First Ma
tional Bank In this city TO officials
OF the Louisville & Nashville railroad
at FlOmaton. Ala. The money was
part Of o shipment OF $4,000, intend
ed as a payroll. and was in bills Of
small denominations.
Details OF the robbery, which is said
TO have occurred wednesday did not
become public until today. a report
was current that the westbound Louis
Vile a. Nashville train leaving here
"wednesday morning had been held up
and robbed. but this was emphaticalIy
denied late today by railroad officials
here.
The express messengers. n IL said.
claimed the seal on the packages were
unbroken while the packages we're in
their care Railroad and express oni-
cials refuse 20 discuss the disappear
ance ~ the money.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
GOVERNMENT
Is WATCHING
OIL PROBING
DEPARTMENT OF JUSTICE MAY
TAKE A HAND IN THE SUIT
OF WATERS PIERCE
AGAINST STANDARD.
Attorney General Giving Questions at
Issue His Personal Attention
During Suit.

WASHINGTON. Sept. 2O-The de-
partment of justice is closely watch.
ing the workings and methods OF the
disintegrated parts OF the Standard
OH Company. and rigidly investigating
all charges that the decree of dissolu.
tion entered under the mandate OF the
supreme court of the United States is
being violated.
While no general attack on the
Standard Oil and its former subsidiar-
les Is contemplated at the present
time. the government has received
specific complaints relating TO condi-
tions in certain communities. The in.
vestigation OF these allegations Is
necessarily localized, confined to the
situation in the specified districts. The
result OF one OF these inquiries, for
instance. was the indictment of John
ID. Archbold and other Standard oil
magnates at Dallas. Texas. on August
2s. In that case the charge was that
the Standard OIL was endeavoring 70
control the oil business in Texas.
Since then. another inquiry has been
started In a different part OF the
country. but still OF a similar local
character.
Uncle Sam Alert.
In addition 20 these investigations
the government is keeping in close
touch with all developments In the
pending Standard OH WatersPierce
litigation. While the federal govern
ment is not a party to the suit, a
CContinued on Page Eight)
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
REPUBLICAN
CAMPAIGN TO
OPEN TO-DAY
Senator Lodge VIII Sound the Key
note Address In Meeting at
Ohio Capital.

NEW YORK. Sept 20.-Nationai
Chairman Hilles today announced
that the Republican meeting at Co
been regarded as a State affair, will
be the formal opening OF the Ma
ltional Republican presidential cam
paign. Senator Henry Cabot Lodge,
OF Massachusetts. will deliver the
keynote speech. and addresses will
be made by Representative Philip III.
Campbell. OF Kansas: former Repre-.
sentative James Watson. Of Indiana.
and the Rev. John Wesley Hin. OF
New York.
Mr.. Hilles said that from the time
Senator Lodge gives the signal until
November the Republican campaign
will be on IN full swing.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
SUFFRAGETTE IS
GIVEN RELEASE
Mrs. Msry Leigh. Who Threw Hatch.
Of a. Premier AsqUith IN Carrie
Nation Style. Released.

DUBLfS. Sept 2o-Mrs. Mary
I.cish. the sunragette. was released
from Mount JOY prison today on ac-
count Of ill health due to her re-
fusal 20 eat and having 10 be fed
forcibly.
Mrs Leigh vas sentenced August
7 90 Eve years imprisonment on ~
charge % having wounded John Red.
mond. of the Irish parliamentary par
~ with a hatchet which she threw ~
Premier Asqulth's carriage during
the visit % Mr Asquith 20 Dublin.
According 70 a suffragcfte Journal
published here. her condition was be.
coming desperate The order for the
womans release gave her her free
dom "on license"
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
WILL CONFER WITH THE
GOVERNOR ON STRIKES
Local Delegation Departed in
Pullman Over the Baltimore
& Ohio Railway.
Soldiers With Bloodhounds Are
Trailing Firebugs Who Set
Fire to Tpple.

CHARLESTON. w. Va. September
zO.-That the meeting OF Representa-
tive OF large number of commercial.
civic and Industrial ORGANIZATIONS here
tomorrow viii bring fruitful results In
the way OF suggesting remedy legisla-
uon to prevent a recurrence OF labor
troubles such as now exist In the
Kanawha coal ields is the belief OF
some OF those who will take an ac-
tive part In tomorrow's meeting.
IL Will not be the purpose of the
meeting 10 suggest any method OF
bringing 10 an end the present trou-
bic as some have thought. Those who
requested Governor Glasscock to call
the meeting desired some concerted
Industrial organizations OF the state
TO put an end to industrial strife that
result In the calling out OF the militia
and injure OF the states greatest In
dustries.
II is understood that a number OF
plans will be presented but no intima-
tion could be had tonight as to the
text OF these plans. but there Is a be-
lief a committee may be named TO
draft measures TO be presented to the
legislature or that the governor may
even be Asked to convene the legisla-
ture I'm extraordinary session 10 take
up remedial Legislation. Already % or
more OF the leading citizens engaged
in various enterprises besides the coal
business have arrived and that many
more from the Northern and Southern
sections OF the tsate are expected In
the morning.
President ]. p. White and Vice
President Frank J. Hayes OF the in
ternational organization. arrived from
indianapolis tonight, and went into a
conference with Governor Glasscock
There was no disturbance In the
strike region today. Private Charles
Campbell OF Parkersburg. who was
shot last night. is said tonight to have
an avan chance of recoverv
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
YAQUI INDIANS ARE WAGING
GUERRILLA WARFARE NOW

CITY or MEXICO. Sept. aO-whiIe
the revolt in northern Mexico Is losing
ground and the northern Army OF LIB
erty IL breaking I'D into small bands
for brigandaee. the situation IN the
south r. becoming worse daily.
1nsurrection in the southern and cen
tral states now sprsad- over i.S0o square
miles OF territory. where IL is being car
ried on chiefly by Indians and peons.
Some Of the insurgents In the extreme
zspats.. but mott OF them are artinr in
depcndently The name OF Gen. Orozco.
the rebel leader In the north, carries no
weight south Of Sonora
Rebel bands are active in the states Of
Morelos. OaNaca. Puehla and Tabasco
In the last named state are bands OF
Yaqui Indians from Sonora who were
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
SOUTH DAKOTANS
DENOUNCE 7. R.
Republican Mass State Convention
Condemns Actions Of the
Bull Moose.

MITCHELL. 8 d.. sept. 2O-A
mass State convention OF Republicans
here late last night adopted resolu-
lions Ia which Roosevelt and the Pro
gressive candidates In South Dakota
we're denounced severely. The roso-
lutlOns alEo declared that NJ the Hu-
ron convention presidential electors
we're named who we're openly against
President Taft. thus disfranchising
those who desire 90 vote for him
The action Of Senator Coe 7 Crnw-
ford. Governor Y. s. vessey and Ma
tional Committeeman Thomas Thor.
son IN supporting Roosevelt was de-
nOunced. The convention demanded
that the National Republican Commit.
toe remove Thorson and appoint J.
y ila-iday 20 the place
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21

"andits tore up part OF the National
Railway between Salina Cruz and Te-
huantepsc..
From Puebia comes word that a big
rebel band OF several hundred men In
operating on the slopes OF the famous
old volcano Popocatapeti
The Mexican Congress took a recess
tnis morntnk sff<r . -Eiosous night ses-
sion The proceedings were the most
turbulent ever witnessed here and the
disorder prevented transactions OF any
business. Members hissed President
Madero and cheered the name OF Diaz.
The whole session was devoted to per
sonal and political wrangling between
the members. in which tho crowded gal
feries Joined
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
REBELS SLAIN
BY FEDERALS
SLAY THREE
POLICEMEN
SHOOTS COW WITH SHOT
AND is THEN DRENCHED
WITH GARDEN HOSE

NEW YORK. Sept. 2O.-Al-
bert Cooke. OF Somers, n. Y.
turned a hose on Mrs. Eliza
beth Eckert. a neighbor, for
peppering one OF his cows
with shot.
Mrs. Eckert's bedroom win.
dow is close 10 the line OF
Cookies yard. One OF his cows
beloved so freely the noise
unnerved her. The COW ven
tured into her yard and she
"shooed" Il out. When she
found II back under the win
dow again she got down a shot.
gun and fired. intending only
to frighten the COW away.
Instead she shot II in the
leg.
Shortly afterward some OF
Mrs. Eckert's clothes, left out
20 dry. were blown over under
Cookies window. He rigged Nd
a garden hose and when Mr..
Eckert came for them he
drenched her.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21

taken captive by soldiers under the Dsaz
regime and given as slaves by the gov
eminent 20 southern planters. After
years OF chafinS under the double bur-
den Of restraint and cruel labor the In
dams were ripe for revolt.
As the government is unable TO pro-
trrt the great sugar and coffee planta-
lions 90 the south ranch owners are
to<mtng ARMIES Of their own BY arming
fneir fstthfpl employees Thus southern
Aexieo eoon viii present the spectacle
OF some dozens OF small armed bands
acting independently against tho rebels
Many Of theYaqui Indians who started
out as Insurgents deserted at the first
opportunity. and are carrying on a guer-
lila warfare OF brigandage, robbing
friends and foes alike
A dispatch from Oaxaca states that
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
mot GUILTY"

MARIA. Tex. sept 20 Colonel
PaFcu7l Orozco Sr- and his i've COM
pauions who were captured by United
States troops az Preside. Texas. were
found not guilty ~ neutrality law
violaticas az their hearing today. be-
fore United states Commissions
Griffin an released The elder OroEro
and Jose Corfeva. however. immcfl-
ateiy were rc- rested "a tho request
N the Mexican consul NJ VI paso. An
enDff VIII DO mndc Co obtain fhrir cx-
tradition fo Mexico on charge q
murder Trrr viii be taken 90 -
paso f0r hearing
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
WILD ELEPHANT
ATTACKS MAIL
COACH IN INDIA
Driver Killed By the Mad Beast and
Passengers Escaped BY Hid
ing IN the Junqlcs.

CALCUTTA. India. sept. 20.--An A.
tack by a Wild elephant on the Multi
aittion- -Vil1nkulfu mall coach. In the
northern province ~ rrNion. is re-
pearing Unexpectedly from the jungle
the elephant killed the driver with
ono blow of its trunk and then pro-
ceeded % smash the coach against e
telegraph pole.
The passengers who were ont ~ the
vehicle hfI themselves In n nearby
cuivcrt. from which the enraRed beast
tried in vain 40 dislodEe them. Whe1
the animal dissppeared into the
thickct the frciRhfened travellers
climbed a tfee. whore they remained
throughout the night.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
BUSINESS MEN GATHER
AT THE STATE CAPITOL
ENOUGH BOOZE TO
MAKE ARMY sTEWgo
~ cOhFiScATEp

PETERSBURG. Ind. Sept.
2o.-fiuRdreds of gallons Of
whiskey was poured into the
streets here this afternoon
when revenue officers raided
three alleged blind tigers"
More than n dray load OF
demijohns and barrels. con-
tanning the liquor. were hauled
70 the public square. the con-
tainers broken open and the
whiskey poured into the gut
ter.
Petersburg Ia a dry" town.
A large crowd followed the
raiders from one place to an
other and watched them de-
stroy the liquor.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
THE wEATHER

WAsHrEoToE, sept. 20--Forecastf
Ohfo-rncreaafnr cioudinecs prcbatiy
followed ~ showers End somewhat cool
~ saturday Afternoon or uiT1t; Sunday
unaettisd. rnodsrats south winds.
western pennsylvania - Increasing
cloudfness eafruday, probably followed
~ showers Saturday uight OF Sunday
nj odsrats and south Winds.
WeFt WirFinta-fncreasing cloudinssH
Saturday. probably followed ~ showers
saturday night or sunday
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
MAY ARREST
THE OIL KING
CATHOLIC PRIEST NAMED
FOR DEPUTY SHERIFF IN
THE CITY OF NEW YORK

NEW YORK. Sept. 2o.-For
the nrst time IN the history OF
New York city a Roman Catho-
lie priest has been named dep
uty sheriff.
The new wearer OF the shield
In the Rev. Father James ID.
Curry. rector OF ST. James
church in the notorious Cherry
Hill section OF lower Manhat-
tan
He has been prominent In
civic affairs and in philanthro-
pic work.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21

MARIETTA. a.. sept 20-peath
today claimed Mrs Nancy Ludtman1.
sixty ~ Hannibal ohio. who w io
visiting hero was struck h- sire &
car while riding in surrey contain
INK IN others and was eo badly IN
jurcd that death follow od
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
POSTMASTER s(NTEHcEo
TO Two YEARS IN PEN

HUNTINGTON. W. Va. Sept %
W X. Hodges. former postmaster a.
Hurricane. was today sentenced ~
two years in the Lcsvcnworth pcni-
tentiery and fine Of si 400. the
amount Of his embezzlemont.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
TWENTY-NTNE KILLED
DURING THE BATTLE
OrOzco Is Being Safely Guarded
Near FL Paso-Wanted in
Mexico for Murder.

DOUGLAS. September 2O.-The Of
hcial report OF the battles between
rebels and federals. twenty-seven
miles south Of here yesterday and to-
day. gave the rebel loss at twenty
killed and thirtyhve wounded The
federal loss vas nine killed and six
teen wounded. Both sides sustained
their heaviest loss during the fighting
last evening The rebels under Sala-
zar are reported 20 have withdrawn TO
the west after today's battle.
Ell PASO. Texas. September 20-In
fear that an attempt would be made
to rescue him from the custody OF
United states authorities. elaborate
precautions we're taken here today
for the arrival from Preside OF Pas
cual Orozco. Sr.. father OF the Next
can rebel chief. 70 stand trial on a
Mexican extradition warrant. The
Mexican government wants Orozco
within its jurisdiction TO answer q
murder charge.
DOUGLAS. Ariz. September 20
Federal troops under Col. Obregon de-
feated a band Of rebels p miles south
OF Aqua Prieta. at the San Joaquin
ranch. late yesterday. according 10 a
telephone message from Fronteras.
A number Of rebels are said 10 have
been killed. The federals have nine
wounded for whom medical assistance
was asked
Obregon's force. numbering 182
men. mostly Yaqui Indians surprised
the rebels ae they we're eating az san
Joaquin ranch. ObreEon drove the reb.
els from the ranch house and captured
n machine gun and eight prisoners.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21

CHICAGO. Sept ZO-Wenrv Foss
ouuar of "a resort af West Hammond.
= suburb. and Mrs. Ethel pariser. alias
FrrrkIo Forf FORMER inmate ~ the
place. were ffl1 f0 Tho grand jury ~
the close 90 fhf rnrnrnr'H iruurrf into
resort. August a.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
Mins Killed.

FAlRAioNT. W. Va. Sept. 10
Prank Rivich. Austrian. aged IS single.
was Instantly killed at the -BingAmon
mines OF the Marion Gas Coal COM
pany late this evening. Rivich Vas
working about the mouth OF the mine
and touched n live wire. His Death
was instantaneous as the wire carried
a heavy voltage.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21

NASHVILLE. september 20
Evausville. Ind was selected aa tho
next meeting place Of fhc National
rural letter carriers association h~-9
this afternoon.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
TEDDY DEFENDS
DESERTION ACT
Rough Rider Made Lengthy Address
at Omaha Defending His Action
johnson in Cincinnati.

OMAHA. Neb.. Sept. 70.-A defense
OF MS action In quitting the Republic
can party and taking the lead in the
formation OF new party was made
today By Colonel Roosevelt lie spent
The day In Nebraska and Travelled lei
surely across the state with a speech
for every stop. Ho spent three hours
this afternoon at Lincoln and the
evening in Omaha. At Lincoln he
spoke az the auditorium
number Of students from the Ifnf-
versity Of Nebraska greeted the COL.
onel with college yells He began by'
saying that Victor Rosewater OF
Omaha. former Republican national
committeeman stole the Nebraska
delegates 10 the Republican converts
ion Just ss effectively as n the dele
gate had been thrown out" He at
tackled leaders of the Republican
party. adding.
Imagine Abraham Lincoln IN the
company of Barnes and Penrose ana
tho other minor people"
1T has Teen said" he continued.
"Oh. well. 81 course this IL bad, but
you should stay In the party and re-
form it.
The only way YOU can reform that
kind of men ir with a club.
Colonel Roosevelt then turned 20
the Democratic party. speaking OF
William J. Bryan and crificizing the
position % Governor Wilson.
conc ~ the prominent features Of
this campaign
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21
BY Associated Press.

CHARLESTON. W. Va. Sept. 20
Scores of soldiers with bloodhounds
are searching the mountains at the
head OF Carbon Greek today for the
men who last midnight tried 10 fire
the tipple of the South Carbon Coal
(Contxnucd on Pars ufen<.,
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-09-21

CINCINNATI. o.. sept. a0.-oover-
nor Johnson entered the home city 81
President Taft tonight and told his
fellow townsmcn that the nations
chief executive will run third IN the
coming cicctirn.
Each day said Tho vice president
inl candidate. ~ becomes more evf-
dent 20 mo that Mr. Taft is entirely
eliminated from fhis fght. I now hava
visited rirhtern states any every
whore ! lnd tha sentiment the same.
think he Will finish third.
And 90 with the president elinln-
atcd. you hove 90 choose between two
ccndida-ce. lou have the Democratic
Candi1atc on ono hand and the Pro-
grcssive candidate. our lighting lead
cr on the other"
The meeting was held ir the Music
Hail. This was che first Progressive
meeting held hero since tho party was
organized a county. legislative and
Congressional ticket r. IN the heid.
however.
The evening world., 1912-03-04

JURY DECLARES
MMMElC CASE
Find Claimant in Insurance
Mystery Is Dead, but Can
not Fix Date of Demise.

ST. LOUIS, Mo, March A-The jury In
the Kimmel case reported to Judge Ami
don to-day that they had agreed that a.
J. White. the claimant, was an iinpostor.
and that George A. kimmel was dead.
II WIS stated they could not agree, how
ever, as to whether Kimmel was dead
prior to July %, 1904, when the suit under
consideration was filed. The jurors
asked for further Instructions.
Although the jury agrees that Kimmel
Is now dead. 1t is not possible for them
to render a verdict without fixing the
time Of his death prior to 1904. The case
Involves insurance on Klmmel's life.
Judge Amidon in his new instructions
to the jury. aid the question to be de-
cided was whether Kimmel was dead
when the suit was filed In 1904. Unless
Kimmel was dead then. he said. the
plaintiff was not entitled to a verdict.
while acceptance OF the claimant
would necessarily have meant a verde.
for the defepse, rejection OF him does
not necessarily mean a verdict for the
plaintiff" continued judge Amidon.
Tho death of Kimmel must be proven
and the claimant was presented solely
as a defensive measure. Since you have
found that the claimant IL not Kimmel.
this means Of defense Is removed and
you are In the same position as II the
evidence involving, the claimant had
never been introduced at ALL"