davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01
Counsel for the Commissioner
File Three Motions in
D. c. Court.
ASK FAVORABLE RULING
DESPITE JURY'S FINDING
New Trial of Cause and Arrest of
Judgment Are the Other
Requests.

Three motions We're filed today in the
District Supreme Court by Oliver p New
man. president of the board of District
Commissioners. to prevent the ratification
by Justice Gould of the custer verdict
rendered by jury of twelve citizens last
Friday against him.
Mr. Newman asks that Judgment be
rendered in his favor despite the verdict
of the jury. Failing this. he seeks a new
trial of the question of his eligibility and
should this he denied he requests that
Judgment against him be stayed or ar
rested.
Hearing on the motions has been set
by Justice Gould for Tuesday morning at
10 O'Clock
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01
Effect of Continuing System.

should it be necessary to adopt another
continuing resolution to provide for the
last half of July and should such reso-
lution be couched in the same language
as the one adopted, necessary repairs to
buildings, ETC. contemplated for this
month would be made impossible. and
even il the appropriation bill should he'
rassed by the end of July only about
a month would be left in which 10 COM
plete the repairs usually made during
period of two or three months. This
length of time. it is declared. is too brief
to permit the completion of the necessary
repairs and alterations.
Auditor Tweedale stated that the opera
ton of the Fairgrounds will not be seri-
ously interfered with by reason of the
wording of the continuing resolution. The
appropriation for the support of the play
grounds. he stated, was largely for sal
aries. and these, he said. are safely pro-
vided for. Supplies for use at the play
grounds, and extensions and additions to
the grounds. he stated will have to be
curtaied until larger sums are made
available: but this, he said, will not in
terfere materially with the operation of
the recreation places.
According to Auditor Tweedale's read
ing of the resolution. he stated today,
one-twenty-fourth OF the amount OF last
years appropriation Is available for the
use OF tne municipal i)alnlilS Deacn lOi
the first fifteen days of this month The
resolution. he says. places no restric-
tons on the time within which such one
twenty-fourth may be expended, and the
money may be used as rapidly as it may
be required. 1t will not be necessary, the
auditor stated, to limit the expenditure of
the money to one-fifteenth of the one
twenty-fourth each day. as was believed
yesterday. This will make it possible to
keep the bathing beach open for about /,
hal la ia1 fo
close unless additional funds are made
available.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01
Law Points Invoked.

The law points invoked by Attorneys
Hott, counsel for Mr. Newman, in the
motion for finding in his favor de-
spite the jury's verdict, are similar to
those raised on the demurrer and over
ruled in the opinion of the Court of
Appeals thereon The lack of Inter
the United States attorney in person to
refuse to bring the proceedings are
repeated in about the same words. The
lack of jurisdiction of the court to re-
view the question of eligibility after
the President and Senate had acted in
the matter is presented in a little diff
ferent aspect.
The motion of today claims:
That the power to determine the
qualifications under the law of the
respondent as Civil Commissioner of
the District of Columbia rested pri-
mari1y with the President and Senate
and as it appears from the petition
tnat the advice and consent of the Sem
ate was only given after thorough
examination into his qualifications and
determination that he was qualified
as appears from the petition, no power
to review such action rests in any
court or jury, and unless in any event
the court could have charged the jury
that there was no evidence at all tend
tions and justifying the Senate's ac-
ton. and it could and did not so
charge such a revision of the Senate 8
action by court or jury would be a
violation of the constitutional separa-
ton of the powers of government"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01
Situation at Workhouse.

The situation at the District work
house. according to the statements of
Auditor Tweedale and Supt. Whit
taker is likely to entail serious hard
ships. At present, according to Supt.
Whitaker there are more than 500
prisoners and guards at the Occoquan
institution. and the farm and brick
plant also has about loco head of live
stock. To feed the number of per-
sons. eQualing the population of a fair
sized town, and to care for such
number of horses, mules. cattle, etc.
requires money. Supt Whitaker
stated that at least $1,000 is required
to lay in necessary supplies, but the
continuing resolution provides less
than $4,000.
Another serious difficulty, the super
intendent stated, is found in the fact
that the supply of coal at the work.
house is exhausted, and no contract
has been made for the year begin
ing today. The coal on hand, he de-
clared. is barely sufficient for today,
and as ten days are required for de-
and orders placed, the manufacturing
and other mechanical activities of the
institution will have to be abandoned
This will mean, further, he stated
that water for the workhouse will have.
to be hauled from the dam above Oc-
coquan village to the buildings of the
institution. as there Is no coal with
which to operate the pumping plant
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01
Motion to Arrest Judgment.

The motion to arrest judgment in the
event Justice Gould refuses new trial
is identical in phraseology with the
motion for judgment notwithstanding
the verdict. Each motion reserves to
the petitioner all the rights hereunder,
each being made without waving
other motions at this time made
The right to a new trial claimed by
Mr.. Newman is based on the refusal
of the court to require him to assume
the burden of proof: on it's allowing
the relator to undertake the task of
proving ineligibility and giving his
counsel the closing argument to the
jury. He also claims the court erred
in it's rulings, both on the admission
Of testimony on behalf of w. ]. Friz-
zell, the taxpayer, and in excluding evil
dence offered for Mr.. Newman.
The rejection of the prayers offered
by Mr.. Newman to charge the jury that
constructive residence is sufficient to
qualify for commissionership is also
urged as error. Finally, it is claimed
the verdict of the jury was opposed
to the evidence and was at variance
with the weight of the testimony.
Grounds for Asking Retrial.
The motion for new trial reads:
Now comes the respondent, and
without prejudice to other motions
submitted at this time, moves for a
new trial upon the following grounds:
i. Because of error committed in
granting the relator the right to open
and close the testimony.
"2. Because of error committed by
the court in allowing the relator the
right to open and close the argument
before the jury.
3. Because of the erroneous admis-
sion of testimony offered by the re-
lator over respondents objection.
Il. Because Of the erroneous rejection
of testimony offered by the respondent.
70. Because of the wrongful refusal
of prayers for instructions offered by
the respondent.
&c. Because the verdict of the Jury
was against the evidence
-. Because the verdict of the Jury
was against the weight of the evidence.
IS. For other causes to be stated on
the hearing.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01
WEATHER.

Showers tonight and Thursday,
with moderate temperature; light
to moderate south winds.
FULL REPORT ON PAGE TWENTY.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-07-01

Continued on Tenth Page.)
Evening star., 1914-10-04

Os''y' AAS Veto ASAAA Vi lllS lAS
man could be fonder of friend.
And he was devoted to his wife.
He loved me to come here, and was
forever sending for me. And yet
if his wife and talked together or
there seemed any sympathy be-
tween us, a kind of wave of jealousy
would pass over him, and he would
be off the handle and saying the
widest things in a moment. More
than once I've sworn off coming
for that reason, and then he would
write me such penitent, imploring
letters that just had to. But you
can take it from me, Gentlemen, if
it was my last word, that no man
ever had a more loving, faithful
wife-and l can say also no friend
could be more loyal than II"
1t was spoken with fervor and
feeling, and yet Inspector MacDon-
aid could not dismiss the subject.
"You are aware" said he, @that
the dead mans wedding ring has
been taken from his fnger?"
$50 it appears" said Barker.
"What do you mean by 'ap-
pears? You know it as fact"
The man seemed confused and
undecided. "When l said appears
meant that it was conceivable
that he had himself taken off the
ring"
"The mere fact that the ring
should be absent, whoever may
have removed it, would suggest to
anyone's mind, would it not, that
the marriage and the tragedy were
Connected"
Barker shrugged his broad shoul-
ders. II can't profess to say what
it MEANS" he answered. "But if
you mean to hint that it could re-
fleet in any way upon this lady's
honor" his eyes blazed for an
instant, and then with an evident
effort he got grip upon his own
emotions-"well, you are on the
wrong track, that's all"
II don't know that I've anything
else to ask you at present." said
Macdonald coldly.
"There was one small point" re-
marked Sherlock Holmes. "When
you entered the room there was
only a candle lighted on the table,
was there not?"
eyes, that was So"
"By it's light you saw that some
ccurred?"
or help?"
Evening star., 1914-10-04

casped convusvey together "You have right to ask
such uuestions" he cried "What has this to do with the
matter you nvestigating?"
"I must repeat the question"
"Wel refuse to answer"
"You refuse to answer but you must be that
your refusal is in itself answer for you would refuse
if you had not something to conceal"
PARKER stood for with his face set grimy
and his strong black eyebrows drawn low in intense
thought. Then he looked up with smile. "Well, guess
gentlemen only doing your clear duty after ALL and
have right stand in the way of it. I'd only ask you
not to worry Mrs Douglas this NATTER for she has
enough upon her just may tell you that poor Doug
las had just fault in the world and that his eal
Evening star., 1914-10-04

away from England for ten
deal of her since"
the detective. "I have
3ince," he answered. "If l
pu cannot visit a man with
"a imagine there is any con-
Arker. I am bound to make
upon the case. But 1 mean
e." Barker answered angrily.
want. 1t is in your interest
they should be cleared up.
1'ove your friendship with his
Is great, strong hands were
Evening star., 1914-10-04

terrible incident had occurred?"
Exactly"
"You at rang for hep?"
dyes"
Sand it arrived very speedly?"-
"Wthin minute so."
"And yet when they arrived they found that the candle
and the lamp had been lighted That very
remarkable"
Again Barker showed signs of ndecson II don't
see that it remarkable, Mr. Holiness" he answered
after pause. "The candle threw very bad light. My
first thought to get better The lamp
the table; so | lit it"
"And blew out the calldle?"
Exactly"
Holmes asked no further question: and Barker, with
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21

Of the player, or the line to the hole
g. If asked, he should decide which
ball Is farthest from the hole. After
showing his player the line to the
role he should immediately moys
away and be out Of the line of vision
when the stroke is being made. 81
10. He must be careful to avoid be.
ing struck by a moving ball, and
never touch a ball in play without be-
ing told to do 80.
Caddies Should Alternate.
II. 1t is advisable that the caddies
arrange to take turns at alternate
holes in running forward to take the
flag when the players are within
about 20 yards of the green. The
flag must be taken out of the hole
carefully, so as not to injure the turf
at the edge Of the hole, and in no case
must the flag pole be stuck into the
ground, dropped on the green, or
pressed against the side of the cup.
, u. When pointing out the line of
the putt, the grounds must not be
touched, nor a mark made on the
green.
-. When holding the flag at the
hole. he must never stand at the back
of the hole, but always at one side
end if possible an arms length from
the cup.
ID. He should keep a reckoning Of
the strokes played and so be able to
give any information asked for.
Il. He should replace all divots
without waiting to he told to do So
These pieces Of turf should be firmly
pressed down.
16 He should never go into bun
ker when a shot is to be played but
should stand outside. being careful
rot to let either the bag or clubs
touch the bunker After the shot is
played he should carefully smooth
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21
Maine Skipper Will Command
Bath CUP Defender Defiance

"and that is in regard to the feeling
between master and crew. | believe in
the best of feeling, and with no chance
of misunderstanding better results
can be obtained. My men are coming
to Bath the latter part of April to IA
miliarize themselves with the craft in
every way before launching and after
she is on the water they will have an
opportunity to witness the rigging at
close range, and. thus will be pecul-
iarly we'll fitted TO man her when she
is ready for. the big tests, l shall see
to it that my men have plenty OF ex-
ercise and will do everything in my
power to make them comfortable and
contented while they are waiting for
the completion Of the races, for know
they appreciate this treatment"
Among the other craft commanded
by Capt Howell have been the Tobin
bronze sloop Nabla, owned by James
A. Blair of New York, the schooner
yacht Witoco, owned by William Col
burn of New York, the Herreshoff
sloop Affair, owned by Cord Meyer of
New York the Lawley sloop Marguer-
ite, owned by P NJ. Dingee of New
York, the auxiliary yawl Duplex, own
ed by DR.. F. NJ. Wilson of Bridge
port, Conn, the catboat Nenaumet,
owned by Robert Center of New York,
also two English cutters, the Hasteg,
owned by C. L. F. Robinson of New
York and Newport and the Queen
Nab, owned by Lucius H. Smith Of
New York City.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21
Here's One Fighter
Who Doesn't Believe
He's a Great Actor
IBy Latest MALL

SAN FRANCISCO. - I'm not q
Jim Corbett for boxing nor a John
Drew for acting" This is the frank
admission of Gunboat Smith who is
in San Francisco on the last lap Of a
theatrical engagement, which he star
ted Immediately after having landed
his right fist upon the protruding jaw
Of Arthur Pelkey. With the GunbOat
is his three months bride, a pretty
little lady of IS summers, who, II
She attempted to kiss hubby" with.
cut his consent could not reach him
If she stood on her toes.
The Gunboat regards his theatrical
tour as pretty much of a lark.
Honestly" he declares, my act.
ing is so bum that it's good. I'm so
bad at times that the people in the
audience don't believe that it's me.
They figure that a man who has
come to be recognized as the white
heavyweight champion of the world
ought to show more class as an actor
than | do
boat, there was one town where
even the stage hands believed me an
lmposter. heard them talking in
the wings after the show, and all
agreed that / was not the real Gun
boat Smith.
knowing how the stage hands felt
about me | purposely remarked with.
In the hearing of two or three of them
one day that ] would be In a deuce
of fix If the real Gunboat should
suddenly put in an appearance.
THAT settled it After that those
fellows could never BE convinced
that | was the man who whipped Pei
key"
Fighting is something that isn't
worrying the Gunboat for the present.
That's up to Jim Buckley" he
states. HE does the matchmaking
and l do the fighting"
1--WE understand" remarked a
newspaper man, that he has matched
you with Battling Levinsky for
May"
THAT makes it bad for Levinsky,"
was the only comment of the white
champion as to his proposed go with
Dan Morgan's a1ways-busy heavy
weight
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21

Many herring fishermen, even at
the present time. are remarkably SUI
perstitious. For instance, whistling
rs forbidden on some boats, and no
milk or burnt bread is allowed on
board, ,a Furthermore, not even the
name of that unlucky animal (the
hare) may be mentioned, and com.
mon method of Furnishing an enemy Is
to throw a dead hare into his boat.
Then, too, some believe in luck at
tending an odd-numbered crew; but
this again may be neutralized, should
one of them happen to have red hair!
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21

BATH, Ne. - With 26 years nau.
tical experience behind him, Is of
which he has been a successful com
mander of big pleasure yachts, the
members of the Tri-city syndicate for
whom the racing sloop Defiance is
being built at the Bath Iron Works
feel that they made no mistake in Sc
lecting Capt. Selah B. Howell to take
command. Capt. Howell has won a
certain prestige among the yachting
fraternity that has placed him in the
front rank of racing masters. -.... 49,.
Won Leg on Cup.
He won a leg in the race for the
$4,000 cup presented to the New York
acht club in 1906 by the late King
Edward of England, in the Gielow de-
signed sloop Effort, a Tobin bronze
craft, owned by F. NJ Smith, then
popularity known from one end of the
country to the other as the "BoraX
King"
In 1909, when Capt Howell had en-
tered the employ of George NJ. Pyn.
chon, the New York banker, who is
now the managing director of the syn
dictate financing the construction Of
the Defiance, he succeeded in again
capturing a leg for the cup in the
Istalena, and in 1912 won the Aston
cup. He has many another race to his
credit and is considered among the
yachting experts as one of the safest,
most cautious men who ever uttered
commands from the quarter deck.
Pleased With Boat.
Capt. Howell has recently inspected
the progress Of the new Defiance, and
is apparently we'll pleased with her
design. She is only in frame in the
big yacht shed at the Bath Iron
Works, where only favored few have
had the opportunity of seeing her, but
Capt Howell announces that she is
one Of the finest types of racing craft
he has ever seen, and he has little
doubt but what she will be the craft
selected after the elimination races.
AS a competitor against the Sham
rock w., Captain Howell says the
Defiance will be a worthy foe Capt
Howell has great faith in the ability
of the designer, George Owen of New.
ton, Mass, and says that the yachting
"oiiu hld! leeI cohliuent tha' ne VIII
produce craft. that without going to
extremes. Will prove one OF the best
racing types ever constructed and one
that VIII be we'll adapted Tor defend'
ing the America cup.
Is young Man Yet
Capt. Howell is "a comparatively
young man, having j,St turned 40 H.
was born i'm New York hIt duriry his
NitIlNHo0u Ia" P"lellIS HlNNeu ~
engaged in shin carpentering The
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21
CALIFORNIA
BALL TEAM
BETTER CARD
Oahu League Directors pleaseo
That u. c. Defeated Stan
ford in Series

,,.uo and directors OF the oahu
lan eagup in session last hls"'' |
.,....d considerable satlsIa' ''"'t !
~ ,,,a fact that the University vi
,f,f,rnia had been succeSS'u a,ota
,,,.,,,fnrd IN the annual intercourse. -
,,.,i,.s thereby winning the rle". ,ha
,.,L,' tbe Hawaiian trip. and NEE ~"
a,ns NJ fhe local league. IL ID
1;.,.d that the Californians VIII III
,,,,,,,r drawing card than the Carolil",
|.,,.~s who were here last year anu
r,,l, whose work the local Ialo .~.d
,,,roughlv familiar HAD 0C"''i !'et
vuccpssful in the series JU''
,,r berkeley would not have Oeeh "
oc,d drawing card, Tor ueleal ,,or,
I,,r team could not have oeeh -
hiybly touted, but the conioliation =,
'''1.r,.ss and new faces will orlne Hloi
d,,ll,rs through the ticket Wlhuo"
rho first game Of the Calhori,ia .,
r,.'s will be played June H. anu
,arfovod that Athletic Park Will ~
.a,jrelv re-modeled and ready l:
I.,, Nv that date. California WI
,Iay nine games in all. one again
narb team of the Oahu League, d
.",' oytra games to be decided later
After the Californians nave uepa
cd the regular Oahu League seas
uiu start. the opening date Deihg ~
A single series Of IA weeks VIII
cide ownership Of the 1914 pennaht
The league committee on rules
given further time In winch W INC
itS raDOrt
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21
INMANS HIT
Whispering
GAME FOR OAHU

Smiling Bill" lnmans long hit past
right field and over the Alexander
Field bank in the last OF the ninth
game OF the 1914 interscholastic cham
piCnship baseball series. With Gay
on third. Baldwin on Second. and Sa-
kai on first, lnman took his position
in the box. BY letting a couple 20
he connected with the kind OF ball
he likes and brought in Gay and Bald.
win, making the score to I In PHI
nahou's favor.
For the first seven innings the Nc
Kinleyites found Enman easy and
knocked his bali right and left, The
fielding on the Punahoa team was
poor. and in nearly every inning one
or more men got on base. Kong made
the first run in the third and was fol.
lowed in the fourth by a home run
on the part Of Wicke. When tho
sixth came around the highs had piled
up one more score to Punahou's nil.
In the sixth inning Punahou woke
up and brought in one run. zap and
Quintal played safe and Kim Wal
knocked one through second. bring
ing in a run. The seventh proved
lucky. With Hind on Third, Inman
knocked long fly to center field and
Punahou scored another run. With
Sakai and Baldwin on bases Alfred
Zap knocked a pretty two.bagger
past center field and brought In the
two runs that made the score 4-3 in
their favor.
For the next two innings the Nc
Kinley men tried hard and managed
to bring in another run, but the o. G.
men had confidence and played bet
ter than they had during the first six
innings. The Pnnahou team was not
able, to score until the last of the
ninth when Bill Inmanis long fly won
the game.
A drizzling rain through the great
er part Of the game made 1t hard field
ing the ball and there were errors In
all parts Of the diamond. The Nc
Kinley men played better bali in the
first part of the game and showed the
makings of first class nine. Puma
hou did some very poor work and
their showing indicated a woeful lack
of practice. zee.
The Mckinley battery did we'll and
was given fair support for the greater
part Of the nine innings. Harry Bald
win caught in great shape, but Inman
did not seem as good as usual.
Score by innings: II .<
Mckinley .........0 / 0 1 0 0
Punahou ..........0 0 O 001 301
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21
SECOND N
| ScqHER WIN

Especial stbrrespondence1
sCHoFItKs, April %.
The End b Infantry, won
an uninteIhere yesterday
against ting and much
abused L This made the
sixth SUIT for this team,
which hvictim of more
than itsd luck since the
openins.
Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1914-04-21
,khe Ieams

Whend White Sox gave
an re the King in Lon
doucontest was viewed
by perts of the metrop-
oliaed an almost unan-
inn it could never, new
erof cricket. The fact
tn could play against
caro- hours and score
compressed them that
| tffctly contrary to the
! sun love for sport of
4 alter. They could not
= uhe game had gained
= ST grip on the Ameri-
e 2 Slow f.
N Improbable that base
british public dizzy
re N "a hours, and the
or resent movement do
Id Mt there is a strong
IT, he germ of interest
ID. VI in those localities
se 'teams are placed.
mt (roused the rise of
no I'D will take a nat
he / is the thing the
De ping for-the aWak-
lal. Qthusiasm to cause
III tbuy a ball and bat
arm a the game for him.
ave sc is accomplished
TOT thssy.
* exhibition sue
ceeusing a lot of
on couseball. This in
pro, turnch curiosity on
o" the in the country
neri- sectme merely to
n 10 satisfy. 1t is a
are case g while the
rous- iron eyed if base.
DC hall czed in Great
peo- Britaied,