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STAY TILL IT STOPS
PASSEXGERS HURT BY GETTING
OFF MOVING STREET CARS
MAY -*OT RECOVER
DAMAGES FROM THE OWNERS.
SUIT OF DEFOE AGAINST THE
ST. PAIL CITY RAILIVAY TO
*O HOLDERS OF MINING STOCK
The Decision In the Case of Holland
.Agxiinst a Dnluth Company Is
Among the decisions handed down
by the supreme court yesterday, was
one reversing the decision of the Ram
gey district court and ordering a new
trial in the case of Agnes M. Defoe,
respondent, against the St. Paul City
Railway company, appellant. The lower
court failed to charge the jury that the
plaintiff could not recover if she was
Injured in getting off the car before it
stopped. The opinions are by Judge
Collins, and the syllabi are as follows:
Agnes M. Defoe, respondent, vs. St. Paul City
Railway Company, appellant.
1. In an action to recover damages alleged
to have been the result of a fall caused by
defendant's negligence while plaintiff was
alighting from one of its cars, it is held,
In vfew of the condition of the evidence, that
the trial court erred when it refused to charge
the jury that If the plaintiff fell by reason
of getting off the car while it was slowing
down for the purpose of stopping, she should
not recover. Order reversed. —Collins, J.
Herbert W. Topping, respondent, vs. Odin G.
1. In a complaint in the action brought
upon a promissory note, wherein it is alleged
that defendant made, executed and delivered
the note in question, whereby he promised to
pay a specified sum of money to a certain
payee therein named, it is unnecessary to
allege that a note was delivered to such
2. An allegation that in writing and prior
to the commencement of the action said note
had been duly assigned and transferred to the
plaintiff, and that he has ever since been the
holder thereof, is a sufficient allegation that
It has been assigned and transferred by the
payee named therein. Order affirmed.
In the matter of the guardianship of Frank
M. Watson, William H. Watson, appellant,
vs. Prank M. Watson, respondent.
1. G. S. 1594, eh. 45 a, sec. 4665, which
provides for an appeal from an order of the
probate court allowing or refusing to allow
an account of a guardian was intended to
apply to the annual or final accounts rendered
and filed in compliance with the preceding
sections 4572, 4573, of the same chapter.
It was not designed to cover or allow an
appeal from an order based upon a finding
that an alleged accounting and settlement
between a guardian and his ward made after
the latter became of age had never been had
or made. Order affirmed. —Collins, J.
Kathrine Sneda, as administratrix of the es
tate of Joseph Sneda, appellant, vs. Al
bert Libera and John Mlnazek, respond
Michael Kulas, respondent, V 3. Albert Li
bera and John Mlnazek, appellants.
1. In actions based on the negligence of
a master towards his servants arising out
of the same accident, tried separately below,
but on appeal argued and submitted togeth
er, it is held, on the evidence, that the ques
tion of the master's negligence was for. the
And also the question of the assumption of
risk by the servants. And also whether a
certain act said to have been performed by
one of the servants In and about the work
rendered him guilty of contributory negli
gfence which would prevent a recovery in
either or both of the cases. The general
rule laid down in respect to the admission of
expert opinion evidence is that the opinion
of witnesses possessing peculiar skill are ad
missible whenever the subject matter of in
quiry is such that Inexperienced persons are
unlikely to prove capable of forming a cot*
rect Judgment upon it without such assist
3. Held, under this rule, that in an action
growing out of the collapse of a cistern wall
while being constructed the opinions of quali
fied experts might be received in evidence as !
to the sufficiency of the wall In respect to
thickness alone and whether a wall of the
thickness of the one in question was strong
enough to resist the pressure naturally rest-
Ing upon it.
4. The preliminary question whether a wit
ness offered as an expert has the necessary
qualifications is for the court and is large
ly within its discretion. —Collins, J.
State of Minnesota, respondent, vs. Faribault
Water Works, appellant.
The only statutory mode of reviewing a tax
judgment, real or personal, in the proceed
ings on which It is based is that prescribed
in G. S. 1894, section 1589, following County
of Washington vs. German-American Bank,
28 Minn., 350. Appeal, dismissed.
George N. Holland, respondent, vs. The Du
luth Iron and Development Com
pany et al., appellants.
1. The stockholders of a corporation in an
action against them to enforce their personal •
liability, arising under the constitutional pro
visions or by statute, are, upon the question
of corporate indebtedness, concluded by a
Judgment previously obtained against the cor
2. Such a judgment, although entered by
default, is also an adjudication, that under
the allegations of the complaint there was
due to the judgment creditor the amount
for which judgment was entered.
3. When the name of an individual ap
pears on the stock book of a corporation as
a stockholder, the prima facie presumption
Is that he Is the owner of the stock, in a
case where there Is nothing to rebut the
presumption, and in an action against him
as a stockholder the burden of proving that
he is not a stockholder, or of rebutting the
presumption, is cast upon him.
4. The entries in the stock book of de
fendant corporation were therefore admis-
Bible In evidence for the purpose of raising
the presumptipn before mentioned. Nor was
It necessary that such book should have been
kept in any particular manner or that it
contain the entries prescribed by statute.
5. Held, in view of the entries contained
in thn stock book supplemented by the iden
tifying testimony of the witnesses, taken in
connection with the fact that defendant. Hen- !
ry S. Wilson, offered no testimony tending I
to deny his membership in the corporation j
that the finding that he was a stockholder
was supported by the evidence.
6. In order to constitute one a stockhold
er in a corporation it is. not necessary that
the certificate to which he is entitled. be
7. Held, upon the evidence in this case,
that the trial court was justified in finding
defendants. Chapman and Sheridan, to have
been stockholders in the corporation, al
though certificates had ne\er been issued,
nor was it shown that any formal action
had been taken whereby they became stock
Order affirmed. —Collins, J.
R. James Morrison et al., respondents, vs.
Charles T. Arons et al., defendants; Oscar
r. Williams and Alden T. Hall, appellants.
1. That part of a contract, under which
one of the defendants entered into the em-
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ploy of plaintiffs as a general manager, sales
man and collector, whereby the time and
manner of ascertaining and determining the
amount of the employes' compensation—a
share of the profits of the business—con
strued. Held, that although there wa3 to be
an ascertainment each month, this was only
provisional, and subject to revision and ac
curate determination when the relations be
tween the employers and employe were final
2. In an action on a bond given by the
employe, with sureties, to his employers, con
ditioned for the faithful performance of
his duties, and particularly for a repayment
of all moneys withdrawn by him in excess
of his share of the profits, it is held that
the contract of suretyship was altered by a
variation of departure from the essential
terms of the employment agreement and that
the sureties were thereby released from
Order reversed. —Collins, J.
BERXARD MIXES' SLAYER.
He Is Bonnd Over on the Charge of
The inquest on the body of Bernard
Nilles, who was shot by John Adler
Saturday night, was held yesterday
noon at the undertaking rooms of
Bantz & Dougherty. The jury, consist
ing of H. Borup, P. J. Metzdorf, Frank
Erling, C. A. Lang, H. B. Morrison and
Joseph Helged, returned a verdict to the
effect that Nilles came to his death
from pistol shots fired by John Adler
on the night of June 27. The witnesses
examined were Dr. Finnell, Dr. Mc-
Namara and Dr. Dohn who conducted
the autopsy. Theodore Schultz and
Edward Herbst who were in the vicin
ity at the time of the shooting, also
gave evidence and Lieut. Pendy, who
arrested Adler, gave his story. The
question of any previous quarrel be
tween the men was not brought out,
the coroner deeming it unnecessary to
go into the matter. Adler was not in
attendance at the inquest but was ar
raigned in the police court on the
charge of murder, and after waiving
examination was committed to jail to
await the action of the grand jury.
The funeral of the murdered man will
take place Wednesday morning from
the residence of his son-in-law, William
Wanner, at 812 Welsh avenue. At 8:30
o'clock there will be a short service
at the house and the body will then
be taken to the church of the Sacred
Heart where the usual funeral service
will be held. The remains will be in
terred in Calvary cemetery.
TWO DIVORCES GRANTED.
Angrnst Gustavson Free to Wed
August Gustavson, yesterday, receiv
ed a decree of divorce from his wife,
Hilda Gustavson, at the hands of
Judge Egan. The parties were married
in Sweden in 1891 and for several years
lived happily together. Later the plain
tiff came to this country, leaving his
wife at the home of her parents in
Stockholm, Sweden. Letters passed be
tween the two until May, 1893, when
Gustavson claimed to have discovered
his wife's unfaithfulness. The custody
of a young daughter was awarded to
Rose Hurias, 39 years of age and the
mother of six children, was yesterday
granted a decree of divorce from An
drew Hurias 50 years old, on the grounds
of desertion, Judge Willis granting her
the relief for which she prayed.
The plaintiff, whose maiden name was
Kcecheler, was married to the defend
ant in New Ulm, in 1876. In the month
of May, 1894, Andrew left his wife and
family and since remained away, in
addition to having wholly failed to con
tribute to the support of his wife and
progeny. The children are between the
ages of 17 and 7 years, and were award
ed to the cusody of their mother.
HEARING AN OLD SUIT.
Jndge Willis Hears an Action Be
gun In 1885.
Judge Willis delved into ancient muni
cipal history yesterday, by reason of
the bringing before him of an old suit,
in which Commodore William F. David
son is the plaintiff and the City of St.
Paul is the defendant. The action was
originally begun in 1885, but has never
been tried. The suit is an action for
an injunction to prevent the city and
a firm of contractors from paving a
certain portion of the street at Jackson
and Sixth streets. The plaintiff claimed
that the piece of property involved in
the litigation belonged to him and that
the city had no authority to order it
The property is described as fronting
86 feet on Sixth street and 150 on Jack
son street. Its value is placed at
$120,000. The city files an answer to
the effect that the property described
belongs to the municipality and has
been in its possession since 1854.
CLAIMS A MISTAKE.
Mary Turner Denies a Charge of
Mary Turner, a colored woman, liv
ing at 376 Wacouta street, was arrested
yesterday afternoon by Detective
Campbell on a warrant charging her
with embezzlement. The prisoner claims
that there is a mistake in her arrest
and that she is not the party who is
wanted. The warrant issued on com
plaint of the New England Furniture
company, alleges that Mary J. Turner, j
in March last, purchased a bill of !
household goods and not only defaulted
in the payment but shipped the goods
out of the reach of the company.
Friends of the woman under arrest
claim that ii Is a case of mistaken '
identity and that the woman who pur- i
chased the goods went to Seattle some
months ago taking the furniture with '
her. The case will be heard and de
cided by Judge Twohy this morning.
BEREITER HOLDS BACK.
Wouldn t Come to Minnesota With
out Requisition Papers.
Emil W. Berelter, who was arrested
in St. Louis Friday, on the charge of
t grand larceny in the first degree, has
refused to return to St. Paul without j
requisition papers, which were yester- :
day forwarded to Deputy Sheriff Kray- ;
enbuhl, who went to St. Louis to bring i
! Bereiter back to this city.
Bereiter, up to the time of his dis- |
aßDearanee. was employed as book
keeper for the Reliance Iron company, i
and is alleged to have misappropriated
funds to the amount of about $700.
Auditorium Sale Set Aside.
The sale of the Auditorium for $78 at pub
lic auction has beeu set aside by Judge Egan ]
en the ground that the price was inadequate, j
The action is duo to objections filed by
George Giant and Philip Reilly, two of the
creditors of the Auditorium company. Her- '
man Phillips, the receiver of the company, I
will _again offer the building at a public sale, i
Judge Lochrcn Today.
The June term of the United States dis
trict court will open today. Judge Lochren !
will occupy the bench, this being his initial j
appearance as triatjudge in this district.
Bicyclists In Court.
Five vi&laters of the bicycle ordinance were
!n the police court yesterday. Three were
fined $2 each and two were discharged.
The freshmen crew of the Wlsccdsie Univer- |
sity, recent victors at the contest with Y3le,
aie to row against the Minnesota Boat club
Saturday, July 4th. This interesting event
a ill be preceded by the regular annual regatta
of tho Minnesota Boat club, which has here
tofore Ren held over the Mississippi river
'■oursc. Three afternoon trains via the Great
Nortl'«rn railway. Ticket olflces, 800 Nlcollci
avenue, Minneapolis and 199 East Third street,
Dnnis Band Again.
Mary ladies and children are no doubt
glr.d to know (h&t Daoz baud will play at
Como every afternoon of this week, beginning
at 3 o'clock. Tiiftse concerts are In addition
to the regular averting concerts, which will
bo roodered a# heretofore. Th« hit Prof Ko
d-snkercboc made on Sunday has assured him
of a hoarty rijceptlou for other bclcjj. Th«
crowd !ut ovaniag wao lv a happy mocd, aad
Boomed pleased with every number cf '.be mu
THE SAINT PAUL GLOBE: TUESDAY; ■-JUNE 30, 1896.
PARDONS FOR ALL
GOV. CLOUGH IS RELEASING PEO
PLE FROM THE WORKHOUSE
HIS LATEST MOVE, HOWEVER,
DRAWS OUT A PROTEST FROM
MAYOR DORAN ATiD THE
CARTER LET OUT LAST FRIDAY,
And While Diplomatic Correspond
ence Wai Passing; Yesterday,
Clark Was Pardoned.
Mayor Doran, on behalf of the police
department of St. Paul, sent a formal
but emphatic protest to Gov. Clough
yesterday against the free exercise of
his pardoning power, so far as it re
lates to prisoners sent to the St. Paul
workhouse. Gov. Clough exercised his
usual diplomacy on receipt of the doc
ument, and at once wrote a letter to
Mayor Doran, saying he was sorry and
would not do so again. "While this
message was being sent to Mayor Do
ran a messenger was hastening to Co
mo with a document ordering the re
lease of John C, or "Red" Clark.
Mayor Doran didn't know that when
he wrote to the governor, nor will he
find it out till he reads his Globe thlß
morning. Otherwise he would have
made his original kick a little stronger.
The kick was prompted because he had
just learned that Gov. Clough had, last
Friday, pardoned Jim Carter, a pal of
Ten day ago Clark, Carter and Hank
Hamilton, alias Moore, were arrested
by Detective Werrick. It was Wer
rick's first day on duty and the first
man he got his eye on was Clark. He
remembered him from his visit to St.
Paul during Mayor Wright's free and
easy term of office and felt that it
would be a good thing to get rid of him.
Afterwards he got Carter and Ham
ilton. The police knew them all by
reputation for they are known as con
fidence men, but they had no immedi
ate proof of any trick they had turned
while in St. Paul this trip. But Ham
ilton and Carter were said by the police
to have been the men who turned Will
iam Simpson for $9. The men, however,
were too crafty to go out without a
fig-ht. Then began a tussel between the
police and the men. They first tried to
get out because they were simply
charged with vagrancy, the police be
ing anxious to hold them.-to try and
fasten some specific crime on them.
They, or rather Carter, sought release
on the ground that he had $75 and that
he was consequently not a vagrant.
But after a good deal of hesitation
Judge Twohy sentenced them to pay a
fine of 525 each or go out to the work
house for thirty days each.
Then they applied to the district
court for writs of habeas corpus.
Judge Kelly heard the arguments in
the case and refused to issue the writ.
So they had to take the sentence.
Hamilton, however, raised his fine, but
the other two went out to the work
house. The police showed a letter from
Chicago, stating that they 'were con
fidence men and that while they had
"worked" in Chicago the police there
had never been able to make a case
against them. Too smooth. Hamilton
was alleged to be a house worker. The
others are said to be simply con men
of the odrinary type, content to turn
any old trick in which there is a few
dollars. But the police were satisfied
to get rid of the two of them. How
ever, the men wouldn't stay out of the
way. Through some influence which
they and Gov. Clough and somebodj'
else know of, Carter, after spending
two days on the rock pile, was granted
a pardon. That was Friday. The po
lice knew nothing about Carter having
been sprung until Sunday when a roar
went up. Yesterday they laid the mat
ter before Mayor Doran with the result
mentioned. But on top of it comes the
news that Clark was sprung yesterday
himself. So after all the fight that had
been made to get three men out of the
way, the governor quietly unlocks the
door and lets them loose on an innocent
In this connection it is a fact that it
has been almost impossible to keep the
men whom the police say are grafters
in the St. Paul workhouse during the
entire term for which they have been
sent out. Men sent out for other offenses
are compelled to spend their entire sen
tence, but the confidence man or the
thief seems to be able to get out almost
any time. Somebody who has an inters
est in the freedom of those people,
seems to be able to reach the sympa
thetic ear of Gov. Clough and a pardon
is the result. Last year Gov. Clough
pardoned thirty prisoners from the St.
Paul workhouse alone.
Two prisoners were released every
three weeks on an average during the
year. Of this number over one-third
were sent out for larceny of some knid.
And as one instance which .shows the
rank injustice of the distribution of
Gov. Clough's favors the case of Char
les Marion and Ed. Flanagan might be
cited. These two men were sent out for
ninety days each for turning the lock
tiick. Now Marion is known all over
the country as "Boston Charlie" and he
is known by the police everywhere. Ed.
Flanagan is a St. Paul.man. He was
born and raised in St. Paul and never
did anything worse in his life than to
watch "Boston Charlie" turn this man
for a snug sum which he did on the
Robert street bridge one afternoon:
The supposition would be that if Gov.
Clcugh were going to pardon either one
of the two it would be Flanagan. Not
so however. Flanagan with all his
friends in St. Paul couldn't reach the
governor. At least if he could the
governor didn't hear them. But "Bos
ton Charlie" has hardly becoirie ac
quainted with the man who served his
me-als at the workhouse before Gov.
Clough sends out a pardon for him.
This year Gov. Clough is doing s>till
better than he did last year so far as
the people he is giving freedom to are
concerned. From Feb. 1, up to this time
he has pardoned or commuted the
sentence of eighteen prisoners. These
are as follows:
Name and sentence. When pardoned.
James Nichols, one year Feb. 1
Henry Egan, 30 days Jan. 19
H. H. French. 30 days Feb. 1
Ed Preston, 90 days : Feb. 14
John Sounela, 90 days March 7
John McPadden, 90 days March 13
Andrew Greenleaf, 30 days April 7
Timothy McCarty, 10 days Aplrl 11
John McDermott, 90 days Apirl 14
Thomas Jackson, one year Apirl 16
John Slattery, 60 days May 2
James Nelson, GO days May 19
Ed N. Pepin, 60 days June 2
Andrew Ryder, 30 days June 8
John Lockwood, 30 days June 12
Jay Kennedy, 30 days June 19
James Carter, 30 days June 26
John C. Clark, 30 days June 29
In the case of John Lockwood the
police say the pardon was all right.
Mr. Lockwood was really sent out by
When baby was alck.
We cay* her Caatorla.
When she was a child,
She cried for Castor la.
When she became Miss.
She clung to Castorla.
When she had children.
She save them Caitorla,
mistake. He is (juite an old man and
his memory Is failing. When arrested
he could hardly collect hla wits and
the same was true when be was ar
raigned in court, i When this fact was
afterwards explained; there was a gen
eral request for Vs pardon which was
granted. In no ether case, the police
claim, was Gov. dough's action neces
sary to serve the ends of justice and
above all not ins the cases of Carter
Tarns Bixby was seen last night and
asked how it came about that Carter
had been pardoned. Mr. Bixby said it
was because Goto Clough had not un
derstood the facts in the case. Up to a
short time ago he said that in issuing
pardons the governor had simply car
ried out the recommendations of the
judges and that in nlnety-flve cases
out of a hundred the request had come
through the jud&is. Whenever any one
appeared to -request the pardon of a
man the governor had said "I cannot
investigate this case. If the judge who
sentenced the man will recommend his
pardon I will grant it" Since that has
been declared illegal the cases have
come direct to the governor.
"In the case of Carter," said Mr.
Bixby, "the court record simply shows
he was sent up for vagrancy. If the
governor had known any of the facts
in the case he certainly would not have
pardoned the man. The authorities
should have advised us of the matter.
We sent for the records In the case and
they, certainly knew what we wanted
them for. But as I say the records
simply showed it to be a case of vag
Mr.. Bixby asked If Carter had left
town, and remarked that if he had it
was a good way to get rid of him. He
said if lie had not and the police send
him up again he will not go out
through the governor's office, which is
probably right in view of Gov. Clough's
promise to Mayor Doran. When Mr.
Bixby was seen, the reporter waa not
aware that Clark had been sprung too,
but presumably the same reasoning
that Induced somebody to secure the
executive pardon in the one case waß
also used in the other case.
THIEVES IRB BUSY.
Vicinity of Rice and University la
The neighborhood of Rice street and
University avenue appears to be infest
ed with a gang ofAhieves who are giv
ing the residents in that section a deal
of annoyance. The police also have
occasion to feel annoyed for the reason
that up to date they have not been able
to capture any of the men, and the com
plaints keep coming In from the victims
with regularity. In the last few days
four houses have been robbed and in
each case the thieves have turned the
tiick in broad daylight
The residence o£ Anthony Smith, at
471 Rice street, was entered during the
absence of the family last Friday after
noon and a part of the house given a
thorough ransacking. Evidently the
thief was scared off for only two of
the rooms showed traces of the search,
A gold watch belonging to Mr. Smith,
valued at $50, and three old coins of the
fifty cent denomination were the only
booty secured. Had the thief not been
disturbed in his game, the loss would
have been considerable for in the rooms
which were not looked over there was
property of considerable value and
quite a sum In cash. Mrs. Smith, who
was only gone from the house about
two hours, is of the opinion that the
person who committed the robbery must
have been watching the house and as
scon as she left broke in. A panel in
the rear door was cut and then the door
The rooms of A. Raquet at 770 Waba
sha street were "turned off" the same
afternoon, and clothing, a watch and a
lot of furnishing goods carried away.
Entrance to the rooms, was effected by
means of skeleton keys:and the thieves
were thoughtfut .enough to lock the
doors after gathering up and taking
away what they wanted.
John P. Lambert, of the firm of Grif
fin & Lambert, at 730 Wabasha street,
mourns the loss of a new suit of clothes.
Saturday afternoon a boy arrived at
Mr. Lambert's place of business with a
new suit. Mr. Lambert took a look at
the garments and not being particular
ly busy tried them on to see how they
fitted. The fit was a good one and in
order that they might not be unshapped
by packing in the box again the owner
hung them in a closet. When he start
ed to go home the closet was empty and
the new suit had disappeared.
HYPNOTIZED HER HUSBAND.
Mrs. Joseph D. Underwood Hai Laura
Barn em Arrested.
Laura Barnes, sn attractive looking
white woman, wa»*efore Judge Twohy
yesterday charged I with threatning
to shoot Mrs. Ida J. Underwood. Mrs.
Underwood is a dolored woman and
the wife of Rev. Joseph D. Underwood,
the former pastor, of the Pilgrim
The testimony of Mrs. Underwood
was to the effect? that the Barnes
woman had hypnotized her husband.
Not satisfied witn this, Mrs. Under
wood said Laura Aad, last Thursday
evening, shot at her while she was
walking on Jackson street. Previous
to that occurrences-she said the Barnes
woman had threatened to injure her.
Mrs. Underwood had as a witness to
substantiate her side of the case, Mrs.
Hickman, who sfeid she had been
present at an interview on June 1,
when the Barnes woman had made
threats against the wife of the minister.
Mrs. Barnes denied that she had
i threatened Mrs. Underwood in any
way and as for the shooting, said it
was untrue. Her friend, a Mrs. Per
kins, corroborated the testimony and
said she and Mrs. Barnes were to
gether all the evening when the alleged
The case was heard before a full
house and among the audience were a
number of members of the church of
which Mr. Underwood was, until re
cently, the pastor. Mr. Underwood is
at present visiting friends in lowa and
I unless ha returns will probably escape
I any future hypnotism so far as Mrs.
Barnes is concerned.
A member of the church speaking of
the affair last evening said the conduct
| of Mr. Underwood had been above re
i pi'oach until Mrs. Barnes commenced
|to attend the chuiv.h. The pastor had
| taken an-active part in building up the
j church and paying off the floating debt
■ and was an excellent man. The trus
| tees had. insisted that he come back
and take up his work again but Mr.
Under-wood had refused to reconsider
his resignation. Jiatlße Twohy reserved
his decision in thas case until to-day.
CARRIERS' AFTERNOON OFF.
Postmen Will VlAlt tltnnetonkn Thin
The St. Paul letters-carriers will make only
the morning deliveries 'today, and at 1 p.
m. they will be dulyi inspected by Postmas
ter Castle. Immediately) thereafter they will
march to the unioaqdepot, accompanied by
| their own band, and board a special train at
1:30 for Roswell park. Lake Minnetthka,
where an extended programme of sports has
been arranged for the afternoon. In the
evening there will fte ddaneing. The pro
ceeds of the picnic wilt be devoted to uni
forming the band, srhich has already ex
pended $1,100 in instruments, and with its
new uniforms will be one of the finest bands
in the West. It will take part in the St. Paul
day doings at the state fair, and has also
volunteered its services for encampment
week. Special trains will leave at 1:30 and
7:30 p. m., stopping at Merriam Park going
Y. P. S. C. 13. CONVENTION,
Washington, July 7-13.
''Dig four Route." Onflfare for the round trip.
Best Line, via Chicago and Chesapeake &
Tickets en sale July 4, 6, 6 and 7, good re
turning until July 15th, rith privilege of ex
tension until July 'ilnt.
Highest of all in Leavening Power.—Latest U. S. GoVt Report
AVEST SIDE'S WELCOME.
Slxtb Ward Will Shelter Many En
The Citizens' Q. A. R. auxiliary com
mittee of the West side, held an en
thusiastic meeting at Berlandi's hall,
State and Concord streets, last evening.
The special object of the meeting was
the rendering of reports by the differ
ent precinct committees on accommoda
tions which showed a partial canvas of
nearly every precinct in the ward with
the most satisfactory results. Among
the private families of the ward ac
commodations for visitors have so far
been secured as follows: First pre
cinct 100, second 175, third 60, fourth
70, sixth 90, seventh 75, eighth 80.
eleventh 135, twelfth 123. These fig
ures represent only the work of the
oanvafising committees since the last
meeting of the special ward committee
two weeks ago and are regarded by
those having the matter in hand as
merely a report of progress as the pre
oinct committees will continue their
work with renewed activity in the hope
of being able to present a full report
of the entire ward by the time of the
next meeting which will be held two
weeks from last evening.
In regard to the matter of securing
the churches of the West side for the
accommodation of visitors during the
encampment. Rev. R. N. Avison ten
dered a written report stating that five
churches including the Clinton Avenue
Methodist, Hebron Baptist, German
Lutheran, Bethany and St. Michael's
churches had taken action in the prem
ises and decided to throw open their
doors, but only on the condition that
the general committee furnish cots or
beds and bed clothes as the church
organizations did not feel that they
would be warranted in laying out
money for thee« articles. A special
committee will wait upon the general
committee to ascertain if the churches
can be utilized under these* conditions.
Chairman Bryant was, however, of the
opinion that none such as the proposed
arrangements could be made.
In the report of the committee to In
quire into the price of cots, blankets,
pillows, etc., it was stated that two
furniture houses had offered to rent
cots at 50 cents per week with an ad
ditional cost of 25 cents each for
blankets and pillows. This applied to
wire cots. Canvas cots, it was report
ed, could be obtained for 25 cents per
week. No definite action was taken
toward the securing of sleeping ap
It waa decided to hold the next meet-
Ing of the committee on the evening of
STICH WILL GET WELL.
Dr. Nippert Says He Will Probably
In the police court yesterday, Adolph
Novotny, who slugged Charles Stich
and John Roith, Sunday afternoon,
had his case continued to July 8.
Neither of the men who will be used
to prosecute the case were able to ap
pear in court and for this reason the
hearing was postponed. There was a
rumor yesterday afternoon that Stich
had died from his injuries but this
proved to be unfounded. Dr. Nippert
seen last evening said the patient was
much better and unless something un
forseen set in the young 1 man would
pull through all right.
John Roith, who was assaulted and
given a drubbing by Adolph Novotny
on Sunday afternoon, takes exception to
the statement that he was the cause
of the assault. Novotny he claims
picked a quarrel with Stich and him
self, and then assaulted them with a
chisel or knife which he had in his
pocket at the time. His story is corro
borated by Adolph Eter and E. Koran
who witnessed the affair. Mr. Koran
at whose house Stich and Roith were
visiting when the assault was made
was also cut in the haud by Novotny
after he had assaulted the other men.
BAPTIST YOUNG FOLK RALLY.
Meeting to Aronse Interest in the
A rally for the purpose of arousing in
terest in the B. Y. P. U. convention, which
comes off in Milwaukee, July 16 to 19, was
held by the local Baptist churches In First
Baptist church last evening, the first speaker
being Rev. William P. McKee, of Minneapolis,
who said that the main object of the conven
tion was to secure unity among the young
people's societies. He said that there are
93 societies among the 128 American Baptist
churches in Minnesota, but the district, is
greatly scattered and the societies are all split
to pieces. The young people are too inde
pendent, and there are all kinds of organiza- i
tions. There are 34 Baptist young people's
societies regularly organized, 54 Christian En
deavor societies and 5 independent societies,
with altogether a membership of 3,293 young
people. He said also that another thing want
ed was Christian culture along free lines, a
'missionary branch In Minneapolis, and classes
organized for Bible study. Dr. McKee, in
speaking of the programme for young peo
ple's day, Oct. 15, at the convention, said that
Dr. Hascomb, of Chicago, would be among
the speakers, and President Northrop, of the
state university, would speak on "How Young
Men and Young Women Can Make the Most
of Themselves." The presentation of the ban
ners for the church handing in the most pa
pers on Christian culture will also take place
on that day. At present the First Baptist
Church of St.Paul holds this banner, but Mr.
McKee said that Minneapolis was going to
make a strong fight to win it this year. Rev.
Dr. Conley spoke on the educational side of
the convention, of the helpful influence to
be gained from attending it, etc. Rev. Dr.
Dawley spoke of the inspiration of the con
vention as needed by even the best of Christ
ians, and also of the knowledge those attend
ing would gain that they do not stand alone.
There waa a musical programme by Miss Al
cott and George Buttrick, accompanied by
SUMMER FETE AT ST. JOHN'S.
Contest Between the Bluff and West
Arrangements have been completed for a
social at St. John's hall, Forest and Francis !
streets, of more than usual interest. St.
John's parish of Dayton's Bluff, has chal- !
lenged St. Michael's, of the West side. The ]
challenge has been accepted, and on Thurs- '
day and Friday evenings St. John's people j
will entertain their friends with an ice cream '.
social. During these evenings a "Tug of j
War" will take place between the two par- j
ishes, the prize being a beautiful set of vest- j
menta. Bulletins will be posted and the !
standing of each contestant reported by tele- |
phone every half hour. Each side Is con
fident of winning and the tug will be a strong ,
one, but St. John's expects to be an easy win- !
ncr, and is preparing to send an order for |
a set, long enough for Father Gleason, but I
not too long for Father Lee.
The affair is in the hands of the following
committee, who promise an enjoyable time j
to all: Mesdames McGee, Grady, O'Brien,
Hawkins and Hilgedeck, and the Hisses j
Eagan, Clinton, Gilroy, McDermott, Devitt !
DEATH AT THE DEPOT.
An Old Man Is Overtaken While
O. J. Stevens, an elderly man, perhaps
fifty-five years of age, died at the union de
pot last evening shortly bcfore_B o'clock.
HOW ARE YOUR KIDNEYS?
I have been troubled with kidney trouble
for a long time, and have tried al) kinds of
so-called cures, and I must confess that Dr.
Hobbs Sparagus Kidney Pills have done me
more good thau anything I have ever used.
They helped me no much that I bought two
boxes for two of my officers, aud they -were
very much pleased -with them. If this" letter
is any good to you, you arc welcome to It.
Chas. W. Hebcrd, Sergeant of Police, Back
Bay Fens, Boston, Mass.
Stevens arrived on the Omaha train at 7:13
o'clock, and as he .was apparently suffering
greatly, he was taken from the car in an in
valid's chair and wheeled into the depot.
Within fifteen minutes alter his arrival he
died. Coroner Whitcomb was notified and
ordered the remains taken to Guthunz &
Rockstroh'B undertaking establishment on
East Seevnth street. From letters found in
the dead man's pocket he is supposed to
have relatives at Maxinkuckee, Ind. He
boarded the Omaha train at Heron Lake.
Minn. Coroner Whitcomb stated, after an
examination of the body, that death was un
doubtedly caused by consumption.
A telegram was sent by the coroner to the
dead man's sister, whose address at tEe
town mentioned was found in his pocket.
MAY SELL FIREWORKS.
Mayor Doran Has \o Right to Set a
Date for Their Sule.
The retail merchants who have fire
works to sell, consider that Mayor
Doran has taken unwarranted action In
issuing an order to the police depart- )
ment designed to prevent the sale of
fireworks before July Ist. They main
tain that the mayor had no authority of
law to interfere with a legitimate busi
ness. A Globe reporter questioned
Mayor Doran yesterday concerning his
authority to Issue the order and his
"There is no law prohibiting the sale
of fireworks at any time, so far as I j
know," answered the mayor. "I simply
Instructed the police to request dealers
not to sell fireworks before the first of
July. I did it for what I deemed the
beet Interests of the city. The indes
crimlnate shooting of crackers and fire
works is more or less of a nuisance at
tended with danger to property if noth
ing more serious. The order relative
to the placing of explosives on street
car tracks, Is mandatory however, and
those who commit this act are liable to
Prom the corporation attorney It was
learned that the police had no authority
to arrest a merchant for selling fire
works before July 1.
LE.VIIV BREAKS LOOSE.
The White Bear Mnn Gets Hims.lt
In Trouble Again.
A warrant for the arrest of D. J.
Leary, on the charge of using abusive
and threatening language was issued
by the clerk of the municipal court,
yesterday, at the instant of Dr. C. L.
Clark, of White Bear Lake. Leary also
lives at White Bear and, it is claimed,
followed Dr. Clark aboard a train at
the station last Saturday and called the
doctor vile names, in addition to making
suspicious movements toward his hip
pocket and intimating that he would
just about as soon shoot several ounces
of lead into the physician's anatomy
as not. However, Leary was paslfied
and left the train without being guilty
of any further breach of the peace.
It is said that a further incentive to
Dr. Clark's action in seeking to have
Leary placed under arrest is the fact
that Leary has of late been hanging
about his residence and behaving
stranelv. Leary was arrested last
winter on complaint of a Duluth pas
senger conductor who claimed that he
had laid in wait for him at the Union
depot with a loaded shot gun.
HE AWAITS HIS CUE.
Imprisoned Queue Wenrer Sin ml* for
The patrol wagon was called to the union
depot yesterday afternoon and. a Chinaman
turned over to the officers with instructions
to take him to the county jail. The person
having the Celestial in charge said he was a
United States marshal, and would be up la
ter. The prisoner was given a cell at the
county Jail, but as he could talk no Eng
lish, he was not booked. It was stated last
evening that the prisoner had been ordered
deported and was to be taken West this
A Delightful Rexort.
Coney Island and Waconia, thirty miles
west of Minneapolis, on the Minneapolis &
St. Louis R. R., is one of the best fishing
and summer resorts in the state. Special
excursion tickets are on sale on Saturdays,
good to return until the following Tuesday,
at rate of JI.OO for the round trip.
GILBERT GOES EAST
To Attend the National Meeting of
The board of school inspectors will
meet this afternoon, the meeting be
ing called a day earlier than usual in
order that Supt. Gilbert may leave in
time to reach Buffalo, N. V., Thurs
day. The council of the National Edu
cational association, of which Supt.
Gilbert is a member, meets there
Thursday and Friday, the meeting of
the full association following it.
. o ■
'So Regatta on the River This Year.
The Minnesota Boat club will hold its regu
lar annual Fourth of July regatta at Lake
Mlnnetonka over the Hotel Lafayette course
this year instead of on the river as formerly.
The regatta Is to be followed by a contest be
tween the University of Wisconsin crew anci
the Minnesota club. Three afternoon trains
via the Great Northern. Ticket offices", 300
Nicollet avenue, Minneapolis, and 199 East
Third street, St. Paul._
A fire in the butcher shop of Frank Shan
da, at 504 St. Anthony avenue, at 10:30 last
night damaged the stock and fixtures to the
amount of $75.
Suddenly. To do so is injurious to
the Nervous System. "BACO
CURO" is recognized by the medi
cal profession as the scientific cure
for the Tobacco Habit, ft is vege
table and harmless. You can use
all the tobacco you want while
taking it; it will notify you when
to stop. "BACO-CURO" is guar
anteed to cure where all others fail,
and is sold with WRITTEN GUAR
ANTEE to cure any case, no mat
ter how bad, or money refunded
with ten per cent interest.
One box, $1.03: three boxes (nnrt Kjmranteed
cure), $2.50: at all druptrists or senl direct upon
receipt of price. Wrile for free booklet and
proofs. EUREKA CHEMICAL & MKvi. CO,
La Cbossb, Wii., and Boston, MabS.
I Base BalhAurora Park.
g St. Pan! vs. Minneapolis.
V Game Called at 3:30 O'clock.
LORENZ—John F., at the reaiieTice of his
mother. 377 Iglehart street, tUmdJty. Jun«
28, aged twenty-five yt^ra. Funeral troni
above residence Wednaslay merniog. July
1, at 5:30 o'clock. Service at Asa'iinp<ion
church at 9 o'clock. Friends invited to a.-
The Y. P. S. C. E. Convention of 189 d
will be held at Washington, D. C,
about July 9or 10. Those who toolc
the "Big Four Route" from western
cities to Boston last year well know tha
superior facilities of that line. The
"Big Four" from St. Louis, Chicago,
Peoria, Indianapolis and West and
Northwest in conection with the C. &
O. Ry., offers the best line to Washing
ton. It is historical and picturesque
and is delightful in every respect.
Through Palace Sleeping Cars run dal
ly from St Louis and Indianapolis to
Washington. Look up the many ad
vantages when you make up the inter
esting itinerary of your trip. Informa
tion cheerfully furnished.
E. O. McCORMICK, D. B. MARTIN,
Pass. Traffic Mgr., GenT Pass. &
The "Seaside and White Mountain Spe
clal." The finest train in the world, to Port*
land, Maine, and the seaside, will leav*
Chicago, via Grand Trunk Railway System.
every Wednesday, commencing with Juns
24th. up to and including August 26th.
This entire trais it lighted bT electric;;:/*
and runs through eolid Ircm Chicago (Dear
born Street Station*. »ia Niagara Fall*, To«
rcnto, Kingston, St. Lawrence River and
Montreal.to the White Mountains.Portlancs.Mfc,,
»nd the seaside resorts of the North Atlantld
Coast. For further particular*, apply to 0,
H. Hughe«,Asslstant General Passengor Agent,
Grand Trunk Railway System. Kialto Build
ing, Chicago, Illinois; or to W. R. JafTrar,
Northwestern Passenger Agent, No. 120 Endi
cctt Arcade. St. Paul. Minnesota.
Rednced Rates to Washington.
The Young People's Society of Christian
Endeavor will hold thoir annual meeting la"
Washington, D. C, July 7 to 13.
For this occasion the B. & O. R. R. C(J,
will sell tickets, from all points on its line*',
west of the Ohio river to Washington, at on«
single fare for the round trip, July 4 to 7.
inclusive,valid for return passage until July 15,
inclusive, with the privilege of an additional
extension until July 31 by depositing ticket*
with Joint Agent at Washington.
Tickets will also bo on sale at stations of
all connecting lines.
Delegates should not lose sight of the fac<
that all B. & O. trains run via Washington,
Democratic Xutlonnl Convention.
For this convention, to be held In Chicago*,
July 7th, the Burlington Route announce*
a rate of one fare for the round trip from all
stations. Northwestern Democrats went vl4
the Burlington in ls:»2. and were winners—
a good reason for going by the samp route)
again. Tickets will be on sale at 400 Rob*
crt St., St. Paul; 306 Nicollet Avc. Mimic*
apolls, July 4th, sth and 6th, good to return
till and including July 12th. Sleeper p
ations made in advance, and any Infom 1
furnished at City Ticket Offices or Union Do
pots in both cities.
The Teacher*' Annuul
Excursion this summer will be to Buffalo 1,
N. V., where the National Educational As
sociation will hold its annual meeting July
7th to 11th. Chicago Great Western Railwal
(Maple Leaf Route) will sell on July 4th and
sth excursion tickets at greatly reduced
good returning until July 13th. Apply ut
ticket office, corner Robert and Fifth streets.
Silver or Sound .Money
Will be the Issue at the National Demo
cratic Convention at Chicago, July 7th,
Chicago Great Western Railway (Maple Leaf
Route) makes an open rate of one fare for
the round trip. Ticket! on sale July trli,
sth and 6th, good returning until July 1-th.
Apply at ticket office, corner Robert and
A Xi-w Place,
To reach the trout streams of Dunn and
Baron counties. Barker. Wis.. on tha WIS
CONSIN CENTRAL LINE, twenty itrearm
within a radius of elghl milei . (food accont*
modatlons at reasonable prlc . low mllroai
fare. For detailed Information call at CITX>
TICKET OFFICE. 373 ROBERT ST.
Are Yon Uoiiitf to Buffalo, X. Y.f
Annual meeting of the National Education-
Association will be held at Buffalo, N. V. s
July 7th and 11th.
For this occasion the "North-Western
Line" will sell special excursion tickets at
one fare for the round trip plus $2.00 for mem
Do not forget tho new compartment car*
via this line between the twin cities and Chi
For any information regarding rates ana
routes call on 305 Robert street, St. Paulj
or 13 Nicollet House P.lock. Minneapolis.
Y. P. S. C. E. ConvcDttof.
For the Young People's Society of Christ
tlan Endeavor to bo held at Washington, I).
C, "The North-Western Line'—('., St. P.. M.
& O. Ry.—will run special ears, leaving Min
neapolis 7:30 am' St. Paul 8:10 P. m. Mom!*/
night, July 6, whi'!i will run direct through
to Washington, via Big 4 aud C. & O. Ry.
If you desire to join this exclusion and
wish to take advantui<e of the cheap rate and
fine accommodations call at .'i:if> Robert street,
or 13 Nlcollel Jl'>ii c Block, Minneapolis. All
tickets are good on the new North-Western,
Limited trains. __
Sleeping < ins to Hull:.!-.. N. /.
Special sleeping cars will leave. Minneapolis
7:30 and St. i'aul 8:10 P. m. Sunday, .luly B,
via "The North-Western Line"—C, St. P., M.
& O. Ry. and Chicago & Grand Trunk Ry.
These' cars will run dijectly through t$
Buffalo, N. V., without change. If you aro
going to the National Educational Convene
tlon and desire to take advantage of Cheap
rate of Jifi.so und get the best accommoda
tions, call at 395 Robert Street, St. Paul, or
13 Nicollet House Block, Mionea]
All tickets good on the new North-Western
To the X. I-:. A. Meeting at miflTnlo)
Visi "The Milwaukee."
One fare for the round trip, plus $3.
Tickets on Rule July 4fn. and sth., good to re«
turn, by extrusion, until Sent. Ist., 1896.
Through alcepei St Paul and Minneapolis
to Buffal?. via C. M. &. St. P., and L. S. & M.
JS. Rys. For detailed information, sleeping
car reservu.i'ons, fete, apply to "THE MIL
WAUKEE" agent or address J. T. Conle7 f
Ass.t., Geu's., passenger agent, St. Paul,
Of Special Interest.
On July 4th and fh the WISCONSIN
CENTRAL will sell lound trip tickets to
Buffalo, N. V., good returning unil Sep
tember Ist, for $2j.. r,o. For further Inform
ation call at CITY TICKET OFFICE, 373
10 A Til A
DnyliKht Special to Itoffalo.
Via the Lake Shore & Michigan Southern
Ry., July 6th. Through the greet states of
Illinois, Indiana, Michigan, Ohio, Pennsyl
vania and New York and along the pouthcrn.
chore of Lake Erie by dayliyht. Leave •"hl
cago 8 a. m., arrive in Buffalo same evening".
One fare plug two dollars for round trip.
Limit Sept. Ist. Visit Niagara Fulls. Stop
at ChauTauoua. For full particulars address
J. E. Hull.'T. P. A., 154 E. Third St. St.
Paul, Mln., or C. K. Wilber, A. G. P. A.,
The trustees of the State Bavings bank,
German la Life Big. 4th and Minn, its., havft
declared a serni-anniui dividend at tho rat*
of 4 per cent p. a. for the period end
ing July 1, 189 G. Depositors entitled to inter
est will please present ihoir pass-books at thej
banl: for entry on or after July 20th. Th«
new interest period begins July 1, W6. De-
P'.slts made on or before July 3 will be ea»
titled to 6 months' interest Jan. 1. 1&97.
JULIUS M. GOLDSMITH,
MARRIAGES. BIRTHS, DEATHS.
Mr. and Mrs. Richard Cuddlhy Boy
Mr. and .Mrs. John Scliulze Boy
Mr. cvii Mrs. T. J. Byre.ll Two Boy*
Mr. and Mrs. John L. Hughes Girl
Mr. ar.d Mrs. M. J. Tobin Girl
Mr. and Mrs. John J. HennetHv Qlrl
j Mr. and Mrs. William Fountain <;<rl
I Mr. and Mrs. Louis Ooelet Tto Girl*
I Mr. and Mrs. Aug. Baumgarden Ctlr\
j Mr. a:.d .Mrs. Oeorgo Soramcrs Bo*
Mr. acd Mrs. Charles H. Cousin* Boy,
Joseph Schwartt, 100 Chicago ar 14 moa.
Baby Elizabeth Pavlyka, 657 Canton. .5 wits*
John Johnson. 1012 Kdjterton at 5 moh
John C. Whitman, city hospital 9 yraj
Charles J.'.udhomme. Summit Place 23 yrs»
Mary Hunt. 228 Ea>-'le tt 51 yr*
Patrick Fanell, 527 Western ay 77 yrfc
Norman L. Laraon Bessie R. Graal
John Mullen Hannah CornelW
Bdwar3 Flaherty Sablna McDonougft
Edwin M. Rosenqulst ...Klleri J. Pagetf
Eut«B« D. Koatord..Helen Gretchen Kohtert