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Daily globe. [volume] (St. Paul, Minn.) 1878-1884, February 01, 1884, Image 3

Image and text provided by Minnesota Historical Society; Saint Paul, MN

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Monthl v Revolt* of the Federal; State and
Municipal Officers for January-General
Prosperity the Rule,
The Postoffiee.
The following is the business transacted
at the St. Paul postoffice during the month
of January, 1884, and a comparison
with the corresponding month of 1883:
1883. 1884.
Received from tho
sale of stamps, en
pes,etc. $15,117 55 §14,394 85
Received from the
sale of money or
ders 17,152 17 16,102 62
lleceived from post
masters' money or
der surplus funds 112,462 09 143,284 00
Amount paid on
money orders 45,795 92 61,505 88
Amount of money
order surplus funds
sent postmaster,
Chicago, IU . 83,800 00 99,700 00
Totals $274,827 64 $386,980 85
Revenue Receipt*.
Collector of Internal Revenue Bickel re
ports January collections as follows:
Beer $14,821.
Cigars and tobaoc 5,704.42
Special taxes 2,067.73 i
Miscellaneous 320.30
Total 22,913.88
The State Treasury-
Following is the state treasurer's official
statement of the balances in treasury at
the close of business yesterday.
State Institutions fund.. $7,475 65
Redemption fund 4,793 78
Forestry fund 27,454 23
Permanent school fund. 233,209 58
General school fund .... 27,503 11
Permanent univerity
fun:.' 11,608 57
Cenoral university fund. 3,689 59
luteroal improvement
fund 119 04
Internal improvement
land fund 1,443 41
Internal improvement
land fund interest 1,875 75
School text book fund.. 1,465 78
Swamp land fund 2,144 98
Total $322,638 45
Doduut revenue fund
ore-drawn $203,400 19
Actual amount in treasury $119,238 26
Deposited as follows—
In First National bank.. $33,764 64
lv Merchants' National
bank 88,702 49
In ftar.k of Minnesota.. 39,602 40
In German-American
b;nk 8,007 47
In Second National bank 1,302 52
Cash in vault 2,768 74
Total $110,288 26
The City Treasury.
The following is the financial statement
of the city treasurer from Jan. 1, 1884, to
Feb. 1, 1884:
Balance, $23,087 70
Receipts 151,803 24
Disbursements $83,012 52
Balance 91,378 42
$174,390 94 $174,393 94
City funds 80,029 75
City Water works 11,845 69
City library 298 91,878 42
First NatioDalbank, St.
PgPaol $16,622 78
Second National bank,
St. Paul 15,607 95
Merchants' Nat i onal
bank, Sc. Paul 15,097 00
Ciih bank, St. Paul.. 16,600 43
St. Paul National bank,
St. Paul 2.82 C 65
Bank of Minnesota, St.
Paul 18,272 11
Savings bank, St. Paul 8,864 17
Peoples' bank, St. Paul 1,987 28
Farmers' Loan and
Trust Co., New
York, to pay int.
Water Works bonds 6,000 00 91,378 42
Board of Education.
The following is the financial statement
of the treasurer of the board of education
from July 1, 1883, to Feb. 1,1884:
Balance $28,959 16
Receipts 99,796 77
Disbursements $115,0C3 54
Balance 13,752 29
§128,755 93 128,755 S3
Bunk of Minnesota 13,752 29
Treasurer Board of Education.
Water Works.
Secretary Caulfield, of the water works*
has prepared the following raport of
receipts and expenditures for the month of
January 1. Balance $5,763 65
Semi-annual $150,080 80
Meters 1,919 63
$10,999 93
Builders 55 00
Water carts 65 00
Skatiug rinks 43 40
Filling cisterns 597 58
Sprinkling streets 46 42
— 75,790
Connection, etc. 807 10
Sr.utting off and turning
on water 25 00
Bills payable 10,000 00
$38,853 58
Salaries $546 82
Stationary and printing 73 80
Miscellaneous 101 95
Labor 60 50
Material 14 75
*eed 20 41
Repairs 47 75
$871 48
Labjr $200,000
Pipe 42 17
Brass goods and stop boxes 27 00
Tools and Miscellaneous 12 75
$281 92
Labor $7 50
Labor $1,615 86
Tools and repairs of same 164 44
Advertising 11 00 i
ljumber and material IGO 78
$1,951 58
Labor 6,878 03
Tools and repairs of same 184 82
Lumber and material 8,598 88
Freight 851 00
Engineering and Right of
way 4.128 01
Miscellaneous 530 55
$15,162 29
Interest $L 0,199 70
— $28,474 47
Balance $5,379 11
la City Treasury $3,709 24
On hand 1,669 87
$5,379 11
Atnonnt raid city treas
usiir daring January $82,000 00
Police Work for January.
Major Spiel, jailer at the city hall, re
ports the following police work for Jan
Fines oolleoted, $373; number of arrests,
200; larceny, 54: aEsanlt and battery, 19;
drunk and disorderly, G6; rape, 2; vagran
cy, 11; bastardy, 4; BV7indlicg. 3; robbery,
L': anon, 1; committed to the workhouse,
45: held grand jury, 7, number of lodgers,
VEllXLlLl'l*. Vti. V&UJiIILYE.
He Roplit-s to the Ametitled Answer of His
Wife DenyiEg the Charges of Druaken
n *■* and Adultery.
Messrs. O'Brien & Wilson, the attorneys
for D?;iiifcl B. Vermilye, the plaintiff in the
divorce case by this title, have prepared
their reply to the amended answer. The
reply is a substantial refutation of the
charges made in the answer, and it is as
State of Minnesota, county of Ramsey,
District Gourt, Second Judicial District.
Daniel B. Vermilye plaintiff, vs. Mary C.
Vermilye, defendant.
The above named plaintiff for reply to
the answer of the defendant in the above
entitled action, reepectfully shows to the
court and states, that he never at any of
the times or places stated in the said an
Bwer nor at any other time whatever com
mitted the crime of adultery with any of
the persons therein referred to, or. with
aay other person or persona whatsoever;
or that he has, as alleged in the said
answer, or otherwise associated with lewd
women or frequented houses of ill-fame
at the placeß alleged in the said answer, or
at any other times or places, or that ho
has introduced into his house any lewd
women as charged in defendant's said an
And plaintiff denies that he is or was at
the time stated in the complaint or at any
other time addicted to the vice of habitual
drunkenness, or that he is ot ever was a
habitual drunkard.
And plaintiff denies that the departure
of the said defendant from his said home
was caused by any improper acts, conduct
or improprieties on the part of the plain
tiff, or that he ever confessed to said de
fendant that he ever was guilty of any acts
of adultery or other misconduot whether
as stated in the s id answer or otherwise;
and ho avers that the departure of the de
fendant from his said house was solely for
the purpose of carrying on and furthering
the orimii. al intimaoy of and adultery with
| the said Myers, as heretofore alleged in
the complaint herein, and save as in tho
reply or in hia complaint herein heretofore
stated, admitted or qualified, he denies
each and every allegation matter, and
thing in the said answer contained, and
each and evey part thereof.
Wherefore plaintiff demands judgment
and decree, and relief as in his complaint
hareiu heretofore demanded.
O'Bbisn & Wilson, PlfPs Att'ys.
State of Minnesota, county of Ramsey, ss.
Daniel B. Vermilye being duly sworn
sayB that he is tho plaintiff in tho above
entitled action; that the forogoing reply
iB true of his own knowledge, save as to
tho matter therein stated on information
and belief, and that as to those mutters he
believes it to be true.
Daniel B. Vkbmilxb.
Subscribed and sworn to before me on
this 30th day of Jan., A. D. 1884.
Henex A. Wilson,
Notary Public, Ramsey Co., Minn.
In conjunction with the reply as printed
above, allusion may ba made to a letter
recently received by Mr. Vermilye from a
prominent gentleman now residing in
The communication makes some stark
ling revelations concerning the life of
General Myers about the time of the war
at Jackson, Mississippi, and the state
ments contained therein show a character
in accord with the allegations against
General Myers as alleged [in Mr. Vermi
lye's complaint.
The Several Occupants of the Ball Fan at
tha Police Court Fittingly assigned to
Winter Quarters.
He was as lean and hungry and gaunt
looking as Cassius, and when arraigned
yesterday on the charge of stealing a stick
of wood from a railroad yard he pleaded
guilty. In extenuation he said that it was
a cold night and that he had no fire so he
just took it to thaw out his bones, as it
were. Of course the railroad corpora
tions are poor, and besides, corporations
never set hard examples.,6o the famished and
frozen wretch who didn't know enough to
steal either a pine land claim or a railroad,
was sent up for five days.
The case of Sarah Barry was quite pa
thetic Sarah may have been young and
blooming onse, and in those days they
called her Sallie, but this was a good many
tough winters ago. Now she is infirm and
aged, and like the Son of Man, she has no
place to lay her head. She was before the
court for vagrancy and the poor old girl
wanted a chanoa to go to the
refuge, and the good jndge
sent her over for ninety days.
Pat Murnane was up for drunkenness
and cruelty to animals. Mr. Bates, who
made the complaint, said he wanted to
withdraw the latter charge and he was
fined $5 for having been full of booze.
John Devin is one of the men who can
not afford to tamper with whisky; the
stuff goea to his head and makes him crazy
and some day the habit will get him into
trouble. While drunk Wednesday, he drew
a knife on Officer Schmi^er and yesterday
he went up for ten days.
A. Deßay went to Reiner's saloon about
midnight Wednesday and made a terrible
racket. Reiner was about retiring and he
came out and insisted on Deßay keeping
quiet, when the latter proceeded to deco
rate his eyes and nose. He was arrested
and yesterday he was fined $10, which was
remitted on recommendation of the com
plaining witness.
That Writ of Habeas Corpus Quashed.
The petition of Thomas Murray for a
j writ of habes corpus beoauso he had been
moved from Still water penitentiary to the
Ramsey county jail, to which he was sen
tenced for assault with a dangerous
weapon with intent to do great bodily
harm, for eighteen months on Nov. 21,
1883, contrary to the terms of his sen
tence, came up in chambers before Judge
Simons at 10 a. m. yesterday morning,
County Attorney Egan being present for
the state and Messrs. Weymouth & Go
forth for the convict. Judge Simons lis
tened very patiently for ono hour to the
pleadings of Mr. Goforth for the libera
tion of the prisoner and;then summarily
dismissed the case, and Murray went forth
with the rest of his zebra-clothed compan
ions at 2 o'clock to the quarters from
which he complained of having been i'le
g ally torn forth.
St. Paul's Delegr&tes to the Great River
It looks as if St. Paul would not be fully
represented at the river , convention. Of
tha delegates appointed tho3e who will go
as far as heard from, are Capt. Blakely
and Dr. Day. Those who will no{ go are
W. F. Davidson, E. F. Diake, W. P. Clough,
William Crooks, H. A. Ca3tle,E. K. Stone,
J. W. McClung;not heard from, D. R.
Noyes. The governor should appoint
some one in place of Col. Crooks, and
President Sanborn should fill the other
vacancies. The Minneapolis dele
gates are already on the
ground. St. Paul should see to it
that a fuller delegation be present, and
other cities of the state should still ap
point delegates. Minnesota's interest in
this great river is second to that of no
other state.
The gemc-3 for the Northwestern League hive boea schednled. The following
games will be played in St. rani, Minneapolis and Stiilwater on the dates set forth
below. This will make fifty-live games played in each of these towns during the
season from May to October.
I i I i i I -55^ ■ i. c i
S I I ° s 5 5 5 5 Its
a 3 *» S 5 € srn-" Sssl
!? en a: J5 '/: <; c" *•» e^ fa Q- H ,
j July July June May May May May May ilay May May
22 18 2 39 26 14 23 17 9 6 1
21 19 3 30 27 15 23 19 10 7 2
I 21 21 4 31 23 16 24 20 12 8 3
Minneapolis. Oct. Oct. Aug. Aug, Aug. Aug. Aug. Aug. Aug, Aug. Aug.
4 1 26 23 20 13 18 15 9 7 4
| 6 2 27 25 21 14 19 IS 11 8 5
~~~~ . I July July May Jane May May May May May May May
| 11 26 30 2 22 17 20 14 6 1 9
12 28 30 3 23 19 27 15 7 2 10
Slillwater. 14 29 31 4 24 28 28 16 ' 8 3 -.12
Sept. Oct. Aug. Aug. Aug. Aug. Aug. Aug. Aug. . Aug. Aug,
26 7 23 26 18 15 20 13 7 4 •
27 8 25 27 19 16 21 1$ 8.5 11
July July May May May June May May May May May
30 15 22 26 14 2 17 30 1 ' 9 6
31 16 23 27 15 3 19 39 2 10 7
St. Paul. ! Aug. 1 17 24 28 16 4 20 31 3 12 8
I Oct. Sept. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug.
9 29 18 i 0 13 26 15 23 4 9 7
10 30 19 21, 14 27 1« 25 5 11 8
The Rendition of the Now Comic Opera by
the Gran Company Last Evening.
Lecocq's operatta, "Heart and Hand,"
in three aot?, waa presented at the Grand
last night, by Gran's English Opera com
pany. The audience was only fair numeri
cally, but the good points in the rendition
were cordially received and appreciated.
The score of the opera possesses a great
many bright and sp&rkling melodies, and
the libretto is excellent, although not con
taining the fund of coiuio humor notice
able in some of tho other produc
tions of this composer.
The plot is interesting, the situations
arising from the complications of a love
match. Prince Don Galton is pledged to
marry Miheala, the daughter of the king,
the match having been made according to
the royal custom by the parents. The
princess hears of his coming and diguises
herself, both the lovers being averse to
the match. En route to the palace he
meets the princess in her disguise, and
not knowing who she is, falls in love with
her; A number of adventures
leads to a happy denouement.
The presentation last night wae lacking
in several particulars. It did not have the
timbre, strength or quality to give it
thorough "go." Some of the principals
are not very strong vocally. The choru3
is good, what there is of it, and the same
may be 6aid of the orchestra. The prin
cipal role was taken by Mr. Seaman,
the prince, Mr. Haskell, the king,
Mr. Stevens as Morales, Miss B«6sie Grey
ac the princosa, Miss Painor as Josefa, Mr.
Paulett as Moaquilas, and Miss McHanry
a3 Scholastics. Mr. Stevens possesses a
tenor voice of light but pleasing quality
and the baritone of Mr. Seaman, who
takes the role of the prince, is good and
effeotive. The sopranos are Misa Grey
and Miss Painer. The fuuny business is
in the keeping of Mr. Haskell *ad Mr.
Paulett. They dressed the ch-wncters
grotesquely and afforded a great deal of
merriment. The notable features of tfce
first act were the duet by Mrs. Grey and
Mr. Seaman, and the duet by Miss Power
aad Miss Grey, both of whom Bang well
and captivated by their sprightly aoting.
The drinking song was also well given.
The "helmet" song by Mr. Seaman was ex
cellently rendered. In the second act
also, the duet by Mr. Stevens and Miss
Power was well sung and received a double
encore. The Castanet solo by Miss Grey
was given with mnoh spiri: and grace and
received a double ence.ru* The co&tm»B
are very elegant and beaut ifmL
To-night üßilleeußillee Taylor" vv ill be given
and no doubt the audienoo will be large.
A Woman from Switzerland Claims ths
Property of a McLean Township Man
Who Had a Wife and Child la This
Quite a novel case has been in hearing
of late by Judge McGrorty, of the Ramßey
county probate court, the particulars of
which are 83 follows; One Jacob Elsasaer
died in the fall of 1881 on a farm in Ma-
Lean township near the New Canada line,
leaving a widow and an infant son. The
court appointed an administrator of his
estate, valued at about $2,000 in 1882, and
recently the same was brought up in the
court for final settlement and distribution.
At this Btage of the proceedings an at
torney appeared in behalf of Anna Maria
Elsaeser, of Untercolm, Switzerland, and
her four children, claiming that this Swiss
family waa the true wile and
children of tho deceased. Of course in
deference to this claim the final proceed
ings were stayed, and at the several bear
ings which have transpired fdnoe,the Swit
zerland claimant has produced ths certifi
cate of her marriage to the decoofed, tho
certificates of the birth of her four children,
while several witnesses resident in
St. Paul have testified to their
knowing Elsaseer in Switzerland, to
their knowledge of his marriage to this
woman there, of his being the father of her
children, and while none of them can
swear to being present at tba wedding, one
of them testifies to the fact that he loaned
Jacob hia horsa and buggy to go and mar
ry Anna Maria, who will in all probability
take hia Ramsey county property for her
sole use and kpeping.
H« Saco.eds in Brlagii>£ About Two Ac
cidents in the Course of A Few .ttinutes.
Yesterday afternoon a reckless driver
whose name was given as Kelly, and who
drove a white team attaohed to a cutter,
almost succeeded in bringing about two
very sorioua accidents. About 3 o'clock ho
drove up in front of Sacdford's block ou
Wabashaw street, and deliberately tied his
team to the rear of a cutter
belonging to August Plousky, of
Mendola, containing Mrs. Plousky.
During his absence the horses pulled the
eeat from the cutter to which they were
tied, and Mrs. Plousky was thrown violent
ly to the ground. Fortunately she was not;
badly hurt.
After this escapade the tipsy driver
drove down Seventh street and at the juno
tion of Cddar street, he run into Mr. Al
bert Armstrong, who was crossing at that
time. Mr. Armstrong was knocked down
by the horses and his escape from serious
injuries wts almost miraculous. He was
stunned by the shock and painfully but
not seriously hurt in the baok. Kelly, the
driver of the team, hauled up and con- j
veyed Mr. Armstrong te his residence. It
is understood that the driver is in the em
ploy of Mr. Turnbull of Exohange street.
Arrested for Big*my.
Henry Lay, the man charged with hav
ing two wive?, was arrested last evening.
The particulars of how Henry got into
the trouble, which will prove so uncomfort
able for him, were given yesterday morn
ing. He left his first wife in tho old
country, and came to the land of the
American Bird of Freedom, where he mar
ried again. The first wife held her grip
upon him, and followed after, and last
night succeeded in having him arrested.
He doss not think there is any justice or
sense in troubling him with such a
little matter. Mr. Lay thinks the authori- I
ties ought to lay the matter at rest and J
not pester him. He says she made a mis-
take in the old country, and if he has made
on* her« that the two balance each other
and they ought to call it even. In short,
Mr. Lay don't like the situation at all, and
wishes that his first wife was somewhere
The State Prison Convicts Lately In Bam
sey County Jail Taken Back to StillwaUr
Yesterday. -'. *•'■'.
A communication waa received from
Warden Used of the Blillwater penitentary
yesterday afternoon, informing Sheriff
O'Gorman that the temporary repairs of
the cells had so far advanced that he
might deliver the twenty convicts in his
charge to Gapt. Kidder in charge of a
farce of the National Guards of Still water
and several officers of the penitentary.
This was accordingly done, and,handcuffed
to a gang chain, the motley crew filed out
of the county jail at 1:45 p. m.,
and were conducted down Fifth
to Sibley etreet and thence to the union
depot where they took the train awaiting
their arrival, for Stiilwater. There was no
disturbance in their removal, but a large
crowd collected on Wabashaw street to
witness their evacuation of the jail, which
increasing in numbers followed them or
rather escorted them to the depot. Several
of the convicts and especiallj one life
member of the gang did not relish tha
public exhibition of their degredation, but
it waa, hovrever, & regular Barnn' 1-af in
the satisfaction of the curoeity oi c.i^e in
the line of march and t.e
swelling escort of which a
large per centage were boys. The idea
which seemed to pervade the minds of
some that this was a sudden decamping
brought about by the application of the
convict Thomas Murray for. a writ of ba
be aufa corpus for his release,onthe ground
that his being held in durance under his
sentence in St. Paul instead of Stiilwater,
was illegal, was an entirely erroneous one,
as at the same time tha order of Warden
Reed was given to Sheriff Gorman to de
liver the convicts to the militia, the sheriff
of Winona oounty was the recipient of a
similar order, both of which were caused
by the activity of tho state authorities in
rendering the incarcerating portion of the
penitentiary temporarily inhabitable.
Y. M. C. A . Literary Entertainment.
The Literary and Musical entertain
ment given at the Y. M. C. A. rooms last
evening was one of the best that has ever
been given under their auspices. The
rooms were crowded with a large and ap
preciative audience, and almost promptly
at the hour the exercises began with a se
lection of music entitled, Merrily Dance
the Stars To-Night, given by members of
the literary class. Then followed an amus
ing reading, "Aunt Patience's Doughnuts,"
by Mrs. Benja Vaughan, which was finely
impersonated throughout. "Juanita," sung
by Misses Bross and Spangler, was well
£Mr. Oaudle'a Hat, read by C. G. Harrison,
showed very clearly that he knew some
thing about scolding Mrs. Caudle when
things were not in thuir right place.
Mrs. T. W. Forbes rendered Robin Adair
(a piano solo) with excellent expression.
Tom's Little, Star recited by Mis 3H.
Haas, was artistically given and elicited
great applause. "The Wreath" sung by
Misses Swift, Evans and Sephton was
greatly enjoyed.
"Tho Execution," leoited by Mr. E. i
Sepliton, waa given with good expression.
Air. Swift, however, carried the an.nonce
by storm with rounds of laughter in his
reading of The Bathing Suit.
The song of Wax Work, sung by Mr. G.
A. Taylor, was also amusing and well re
ceived. The literary cla^3 certainly de
sorves great credit for their excellent
entertainments given from time to time.
Bay ton Avenue Literary Society.
Last evening quite a large number of
ladies and gentlemen gathered at the resi
dence of Major Wright, on the corner of
Kent street and Holly avenue, for the pur
pose of enjoying a quiet literary and
musical entertainment. Miss M. B. Hoff
man read an interesting paper on the
Huguenots. Sire. Allen another on John
Calvin, and Miss Nellie Ford read another
on Lafayette, while Mrs. Edwards
gavo those present a pleas
ant idea of travel. . Musical
selections, both vocal and instrumental,
filled out and helped to render the evening
a delightful one. The following is the pro
gramme that was followed:
The Country and People, - - Mr. Godkin
Solo, "Partant Pour in yyrio." - Mr. Dickson
The Huguenots, - Miss M. K. Hoffman
Piano tiolo, "L'Adieu," - - Mrs. Barnes
Napoleon Bonaparte, - - Prof. Fiska ]
"La Serenade," ----- Quartette
Madam'DeStael, - - - Mrs. Naylor
John Calvin, - - - - Mrs. Allen
Solo, "Chantezl Riez, Dormez," - Mrs. Frost
LaFayette, - - - Miss Nellie Ford
"In Silent Mead," - - - Male Quartette
■Strasburg Cathedral, - - - Mr. Brack
Piano Duet, "Lea Huguenots,"
Mrs; Baldwin and Mrs. White
Mario Antoinette), - - - Mrs. Elliott
Hymn, "La Marsellaise," - - Chorus
Bits of Travel, - - - Mrs. Edwards
An Xmpecuneous Xncaml>ranc«.
In the divorcs suit of Clara ScbTarz vs.
Carl Conrad Schwarz, Judge Brill denied a
motion vests-day for alimony and costs ef
action, The judge attaches the following
explanatory remarke: "The parties were
married a little more than a year ago, aad
lived together but a few month*. Both
are middle aged and have been married
before and of tenor. The plaintiff is ia
ponseseicn of a homestead and all the
means she had before and f.vi<hi her mar
riage, the defendant having been an in
cumbrance undsno help to her. Further
more the defendant is a teamster, without
means, and has no money to pay alimony
or the costs."
Going ivighar lor Justice.
A. Simpson and P. H. Drum, whom the
lower court has decided are not aggrieved
and damages; in the sum of $5,000 by the
Ramsey county commissioners discontin
uing a portion of the Settle liiver & Colum
bus road md layitsg out and making a new
road running into the towns oi Mounds
View and White Bear, filed reasons and
borHs for appeal to the district court in
the clerk's ofS-v yeat • ",ay.
Bupremc Court.
Eugene M. Wilson and James W. Lawresce,
partners as Wilßcn & Lawrence, respon
dents, T5. the Minneapolis <fc North we- it
em Ksilrosd company, appelant.
Syllabus—Evidence considered sufficient
to sustain a findirg that the defendant had
employed the plaintiffs as attorneys in a
certßin action, and as to the value of the
services rendered.
The receiving cf parol evidence on the
part of the plaintiffs, of a communicator n
to them from tha defendant, shown tohava
bsen probably transmitted by telephone,
held not to have been eiror, although it
appeared that it may have been sent by
telegraph, the telegram delivered to the
plaintiffs had been lost or destroyed.
Where one, for hia own purposes com
mences a correspondence with another by
telegraph, he makes the ielegraph com
pany hi 3 agent for the transmission and
delivery of his communication, and th<
transcribed message actually delivered i:
primary evidence.
The mere rendering of an aoaount for
services does not estop the party from
subsequently olaiming as the value of the
aervi oes a larger sam than that oharged in
the acoount rendered. fAIIiBVS. Day, 14
Minn., 516.]
The order refusing a new trial is af
firmed. Dickinson, J.
Andrew Searer, respondent vs. Charles L.
Horst, appellant.
Syllabus—A. summons in justice court
dtsigaatiag the time for the appearance of
the defendant ns "10 o'clock in the x x x
noon" on a day named is void.
An appeal by the defendant from a
judgment, in an action so commenced,
upon questions of faot, whereby the ie
fendant seeks a re-trial upon the meritß in
the appellate oourt, gives to that court
jurisdiction over his person, which waa be
fore wanting.
It is error to reoeive a 9 proof of the val
ue of Bervicei the opinions of witnesses
who have no special knowledge upon the
What another individual, iv the snm«
employment as plaintiff, received as wage
is not proof of the value of plaintiffs ser
New trial granted. Dickinson, J.
Cksrles 11. G0?.3, respondent, vs. William
A. Brown, appellant.
Syllabuß—The plaintiff waaemployed by
the defendant, without power of attorney
to convey, "to tell" real estate, for the
pricaofsßoo; "$3,600 oath" and tha bal
anca ($5,000) at a future time specified,
his eompf niation waa agreed npoa.
Held, that the agent completely exe
cuted this authority, and earned the stipu
lftted compensation when ho procured a
purchaser and bound him by contract to
the performance of the specified condi
tions, although no money was paid. The
terins"s3,ooo cash,"did not import in such
case the payment of auy money until the
owner should transfer the property by his
deed of conveyance.
It is presumed that the purchaser was
able to perform tha obligations assumed
by contract.
The order refusing a new trial is
affirmed. Dickinson, J.
District Court.
[Beforo Judge Wilkin.l
State of Minnesota vs. James Keenan;
pleaded guilty to larceny and sentenced to
three months in the city workhouse.
State of Minnesota vs. Lewis Young;
convicted of larceny the present term;
sentenced to sixty days in the oity work
State of Minnesota va. Ole Anderson;
pleaded guilty to larceny and sentenced to
four months in the oity workhouse.
State of Minnesota vs. Wm. Adam;
pleaded guilty to simple larceny and sen
tenced to the oity workhouse for three
Samuel B. Tibbete, et al. va. Cha3. De
Graff, et al.—John B. Lyle, et al., vs. Chan.
De Graff and Wm. Crooks; action on con
tract, on trial.
Adjourned to 10 a. m. to-day.
[Before Judge Brill. J
Maggie Whitwain vs. F. £. Whitwain;
divorce and custody of child granted.
Clara Swartz vs. Carl Courad Swartz;
motion for alimony and costs of action for
divorce; denied.
Adjournad to 10 a. m. to-day.
fßeforo Judge Simons. 1
In the matter of the petition of Thomas
Murray for writ of habeas corpus; counsel
heard and case dismissed.
Probate Court.
| Before Judge McGrorty.l
Estate of Patrick Brady, deceased, Hon.
O. O. Cullen appointed administrator.
Municipal Court.
[Before Judge Burr. I
John Devin, arank and disorderly; com
mitted for tea days.
Pat Murnane, drunkenness; fine of $5
W. Henry, violating haok ordinance;
costs paid and dismissed.
Sarah Barry, vagrancy; committed for
ninety days.
F. M. Good and H. E. Daxutfa, dranken
aess; dismissed.
Emil Hine, disorderly; same.
A. De Bay; same.
W. Huff, larceay; oommitted for five
Who Will Succeed Senator C. K. Daeis
When He Resigns?
To the Editor of tho Globe.
The editors of the Republican newspa
pers of tho Btate have exercised themselves
considerably over tha of
Senator McMillan, who may, by some re
mote contingeaoy, makG a vacancy by his
acceptance of a judgeship not yet vacant,
which he does not appear to desire, and
which may never be offered to him. We
coafesß that when we remember the tenao
ity with which our senator holds to a good
thing, we are at a loss to see why he should
resign four years of his term, and hence
we regard the contingency so very remote
that we do not care to discuss the merits
of any one to fill his plaoe. The Republi
can papers have, however, decided to elect
or rather to have the governor appoint
Hon. C. K. Davis. Mr. Davis is an able ;
man and would in time become the peer
of all the gentlemen in the tenate. For
the purpose, however, of giving the papers
something to fill their otherwise empty
columns and removing the contingency
only one point more remote, let us sup
pose that Ou&h Davis should see proper to
vacate his seat, who then shall the govern
or appoint? On this point we should like
to hear from every Republicaa paper in tha
Our own impression is that Mr. McMil
lan will serve out hi 3 term in order to care
for certain of his friends who now hold
office by virtue of his position. Should he
vacate, who will care for the postmaster
at St. Paul, and who will look after that
son of his who holds the position of clerk
to his committee at $2,200 a year, and
whose whereabouts are apparently un
When his term expires, p. Republioan will
be eleoted to succeed him, provided, the
wave which will roll over this country next
fall dees not materially affect Minnesota ' I
politrcs. i
Northfield, Jan. 29th, 1884. ; 'J
. I
■, Articles of corporation.
Articles of incorporation were filed with \ c
the secretary cf state yesterday of the
Winnebago City Manufacturing company
for the manufacture of all kind? of agri
cultural implements aad machinery. The
corporation commences Jan. 25,1854, for
■ continuance of twenty year?, with a cap
ital stock of $50,000 to be paid in in in
stallment?, the company to commence
business as soon as 10,000 of the stock is
subscribed, and it is stipulated that the
corporation's indebtedness shall not exceed
its authorized capital. The incorporators
are Alpheu3 M. Hewitt, James Damon,
John A. Armstrong, Benjamin T. Goodwin,
Washington Z. flaight, John H. Welch,
Otto C. Retstoff, Henry McKinstry and
John P. Hawe*. The first board of di
rectors are A. M. Hewitt, A. C. Dune, J.
S. Robertson, J. Damon. J. C. Armstrong,
B. F. Goodwin and W. '/.. Haight.
Articles of incorporation were filed with
the secretary of stats yesterday, of the
Crown Iron Works company, of Minne
apolis, for doing a general foundry v.v.d
machine ibop business, The corporation
commences January 31, 1884, for a con
tinuance of thirty ears with a capital
stock of $100,000 divided into 1,000 shares
of $100 each. The incorporatora are
Aujuit Walmst6n, John W. Hemland,
Andrew H. Nelson, Edward L. Smith and
Charles F. Smith, who are the first board
of directors.
Democratic State Central Comoaitte*.
The state central committee of tha
Democratic party held a meeting yester
day afternoon at the Merchants hotel.
The meeting was a full one, all parts of
the state being reptesented, though tat
business transacted was not very great.
Sometime was spent in talking ovtr the
last campaign, and fully determining some
things thai were left then at loose ends.
After talking the matter over it was
finally determined that the
representation in the next
state convention for delegates to the na
tional convention, be on the vote on the
Democratic nominee for governor, at the
last election and that the ratio be one del
egate at largo for each county, and one
delogate for each 250 Democratic votes or
major fraction thereof.
1$ wes also determined to hold the next
convention in St. Paul, the time to be fixed
by the chairman of the committee.
> resolution was adopted requesting the
chairman to attend at Washington the
meeting of the national committee, on the
22d of February,after which the committee
adjourned, to meet the night before the
siiite convention is to be held.
Salaries of United States Judges.
It is understood that a petition is in cir
culation in Minnesota, to be forwarded to
congress, asking that tha salaries of tho
United States district and circuit judge*
be increased, it being explained that at
present the remuneration reoeived is en
tirely inadequato to the sorvices perform
ed, and that for this reason the best ability
on the bench is seeking stations where th
pay is equal to the brains and services
performed. The circuit judges now pre
side in seven states, ana they reoeive
$6,000 per year. The salary of the district
judges, who hold court as directed by the
circuit judges, is $3,500 per annum, and in
each instance the judges are compelled to
pay their own travelling expenses.
The Talk About the I-ease of the lialti
inore & Ohio Telegraph Lines by the
Western Union. . Tjfei
New Toek, Jan. 31. —The Weßt6rn Union
company reported to-daj that nothing
was known of the contemplated lease of the
Baltimora & Ohio telegraph lines by the
Western Union company. An ofiioer of the
company said wuilat no overtures haya
been made to the Western Union com
pany, there was little doabt the Baltimore
& Ohio company are in the market, and
ready to sell out, or leaee their line*
whenever a favorable opportunity is
presented. It was not generally known,
he said, that the Baltimore <fc Ohio com
pany, a year and a half ago, were extreme
ly auxiom to lease their lines to the Mu
tual Uuion linea. The former went ho far
aa to send it* general manager to this city,
eqnipped with maps and statistics, with a
view to transferring the property to the
Mutual Union Company. The Baltimore
& Onio company folks,however, demanded
suoh high terms that the offer was reject
ed, and the Mutual Union,
soon after passing under the con
trol of the Western Union company
the negotiations fell through. This fact,
the official thought, was conclusive evi
dence that tho Baltimore & Ohio Telegraph
company is not 6uch an independent and
formidable organization after all, a&d wi!l
be ready to sell out whenever a favorabls
opportunity presents itself. It is also
learned that the lines cf the National
Telegraph company, which were acquired
by the Baltimore & Ohio company a few
days ago, have been offered in tarn to the
Produce Exchange, Mutual Union compa
ny and western Union company, and de
clined by each.
To llavpi a Convention.
Chicago, Jan. 31. —The committee ap
pointed at the recent oonvention of the
colored voters of Illinois and known as
"The Colored Men's State Central Com
mittee of the state of Illinois," has issued
a call to the colored voters in tho states of
Kansas, Illinois, Indiana, Ohio, Miohigan,
Pennsylvania, New York, New Jersey,
Massachusetts. Connecticut, and the Dis
trict of Columbia, for a conference at
Pittsburg, on April 29, 1884, to
unite iv f.u appeal to the
legal and patriotic 66ntiment of
the country, to speedily and effectually
determine whether, in tho time of peace,
the questions of public concern are to be
settled by ballot or by the bullet. In
other words, whether the shot pun policy
now in vogue in the south is to be recog
nized and sanctioned es the iegitiii.f.'t
mode of political warfare. The address
declares that the conference also will con
sider the line of policy the colored voters
will pursue in the next national conven
Sudden Death.
San Fsancisoo, Jan. 31.—Colonel A. W
Sheldon, associate justice of Arizona, a
native of Granville, Ohio, died suddenly to*
day at the Palace hotel.
To Purchase New Steamers.
San Fbancisco, Jan. 31, —It ia announced
that John D. Spreokels leaves for Phila
delphia on Sunday to pnrchase two more
large steamers for the Oceanic company
A Good Showing,
Denveb, Col., Jan. 31. —Bradstreeta re
ports to-night, at a meeting this evening
of the directors of the Merchants and!
Mechanic's bank, Leadville, which bus- |
pended yesterday, it was developed that it I
will pay ninety-nine cents without calling
on the stockholders, and will recrganizs !
and open Monday. The president's man- •
agemect was honest and conservative.
* A. Temperance Bill.
Albamy, Jan. 31. —It is generally under
stood that a bill will be introduced in the
sgislatare to-morrow, similar in its pro
• revisions to the Scott liquor law in Ohio.
?his is the explanation for the presence of
he i&rire number of representatives, in-
Inding a large delegation from New York
Chancery Foreclosure Sale.
,'ircuit Court of the United States, District of Jlin
'he J. I. Caae Plow Co.. complainant, vs. Philander
B. Nettleton, Julia Is. Nettleton, C. C. Brown and
Lnne K. Stone, defendants.
Pursuant to a decree of the Circuit Court of the
Jnited States of, America, wittin anil for the Dl*
riet of Minnesota, inisiie in the above entitled cr use
it the December term thereof, A. D. ISBJ, and upon
ho 28th day of January, A. I>. 18S4, the nnder<;^uc<l,
i Master in Chancery of said court, will sell nt pub
ic vendue, to the highest bidder for cash, on
Saturday, the 15th any of March A .". 18t*l, at <-l<;ven
>'clock in tho forenoon, at the front entraooe to
:he United States Custom lloa?e, on Wabnsaaw
street, in the city of St. Paul, In said district, (the
place of holding said court) to satisfy the ram of
nrothousand three hundred fifty-two 7i>-10 ■ dollars
[$2.352 76-100), found due the complainant by tho
Mid decree, with Interest and cost?, the following
ieecribed real estate, to-wit.: All those tracts or
parcels of land lying and being ia the county of
Chippewa and state of Mimnesota, described a> fol
lows, to-wit.: A strip of land sis c'> feet iv width off
of the north side of lot eleven (11), and all of lot
twelve (12) in Mock "IV in Montevideo, according
to the plat thereof of record in the office of the
Register of Deeds in and for said county.
Dated St. Paul, Jan. 30, 1881
Master in Chancery.
C. 11. Lee, Solicitor for Complainant.
PIN'. District court.
In the matter of tho assignment of Mary N. Myers.
Notice U hereby given that Mary N. My.- of
Minneapolis, in said e»unty and state, baa by deed
in writing, dated January 34th, 1884, made a gi-ne
ral assi^nrtent to the undersigned, of all her
property not exempt by law from levy and sale on
execution, for the benefit of all her creditors, with
out preferences.
AH claims must be verified and presented to the
undersigned (or allowance within twenty day- from
tkc date hereof.
Dated February 1. 1884.
S2 3aint Paul, Minn.
Notice to Creditors.
State of Minnesota, County of B&msey, --. In Pro
bate i'
In the matter of the estato of Thomas Hoban, de
Notice Is hereby given to nil persons having
claims and demands against the estate of Thomas
Iloban, late of the county of Ramsey In said state,
deceased, that the Judge of Probate of sal I county
will hear examine and adjust claims and demand*
against said estate, at his ofllee In St. Paul, in said
county, on the first Monday of the month of June,
A. D. 1884, at ten o'clock a. m., and that six months
from the 21th day of January, 1884, have been
limited and allow d by said probate court for credit
ors to present then claims.
Dated this 24th day of January, A. D. 1884.
Administrator of the estate of Thomas Hoban, de
ceased. jiiu'AVfri-Sw
Notice to Creditors.
Btate of Minnesota, County of Kamsey—p:<» In
Probate Court.
In the mutter ,of the estate of Mary J.Tibau,
Notice is hereby given to ail parsons having
claims and demands against tho estate of Mary
Iloban, late of the county of Ram in
said state, deceased, that the judge of probate
of said county will hoar, examine and adjust
claims and demands aeiiinst paid estate, fit h!-< oHica
in Saint I'aul, in sidd county, on this ftr.-t Monday
of the month of June, A. 1), 1884, at ten o'clock
a.m., ami that six ii^iili-^ from the 24th day of
January, A. D. IHB4, laR-e beva limited and allowed
by said probate court tor creditors to present thuir
Bated this 21th day of January, A. D. 1884.
Administrator of the estate of Mary .Hobnn,
deceased. jan2s-fri-6w
Notice to Creditors.
State of Minnesota, County of Bamsey— In
Probate Court, special term, January 3, 1884.
In the matter of tho estate of Charles Deflel,
Notice is hereby given that the Judge of Probate
of tho county of Bamsey will, upon the first Monday
of the months of February, March, April, May
and June, A. D. 1884, at ten o'clock a. in.,
receivo, hear, examine and adjust all claims and de
mands of all persons against said deceased, nnd that
six months from and after the date hereof have been
allowed and limited for creditors to present their
claims against eaid estate, at tho expiration of
which time all claims not presented or not proven
to it« satisfaction shall bo forever burred, for
good cause shown furtker time be allowed.
By the Court, WM. B. MoOKOHTY,
i i.. h. 1 Judge of Probate,
Attest: Foam* Robert, Jr., Clerk.
jaii 1 ri Sw
[First Publication Dec. 21st, 1883. j
Notioe is hereby given, that under date of Octo
ber Ist, 1872, John C. Roberts as mortgagor, exe
cuted to James Btinson as mortgagee, lii* mortgage
on land in Kamsey county, Minnesota, to secure the
payment of his three notes made payable to the
order of said Stinoon, each for one hundred dol
lars, each dated November 20,1372, one due in six
months, one in twelve months and one in eighteen
months after its date, each bearing interest at ton
per cent, per annum, and that said mortgage was,
on the 25th day of November, 1872. duly recorded
in Book 30 of Mortgages, at page '.'SO of the
records of the office of the Register of Deed:
of said Ramsey county, and said mortgage con
tained a power of sale in ease of default; and thai
default has been made in thi puyiueut of said
money and interest thereon, save interest to April
Ist, 1874, and thereby said power of sale has be
come operative, and no action or proceeding ha?
been instituted at law or otherwise i" recover Bald
Burtgage debt or any part then and that there
is now claimed to be due and is duo on said debt and
mortgage the sum of five hundred and seventy-one
and 60-100 dollars, and that by virtue of the power
of sale contained in said mortgage, and the statute*
In such case made and provided; the said mortgage
will be foreclosed and the premises described in
and covered by ■ ame, viz.:
Lot fifteen (16) In block fourteen (14) in Stin
son's addition to St. Paul, according to the pat of
said addition on file is the office of tho Register of
Deeds of said county, Will be sold at public '.endue.
to the highest bidder lo pay said del 1; and interest
• i.,., i due, and twenty li - dollars attorneys fee
named in suid mortgage us attorneys fee in ca^e of
foreclosure, and, also, the diibursemeuts attending
this foreclosure. Bold talo will he made in St.Paul,
Minnesota, as by law prescribed at ten 10) o'clock
in the forenoon of Saturday, the second I M) diy of
February, 1884, at the front door (on Fifth street)
of the office of the Register of Deada of said Bam
sey county.
Dated December 20th, 1883.
Char. N. Bmx, No. 126 E. Third street, St. Paul,
Minn., Attorney for said Mortgagee.
[First Publication, December 21st, 1883. 1
Notice is hereby given, that under date of De
cember stb, 1881, Isaac Hill of St. Paul, as mort
gagor, executed to the North Star Building Society
of St. Paul, Minnesota, a corporation duly organ
ized and acting under the laws a* said rtat«as niort
gagee, his certain mortgage <lt'o~ whereby he mort
gaged to said mortgagee its Bucce« and assigns
tho property hereinafter ncrceri, the same being in
Ramsey county, Minnesota, I <r-!;.- purpose of se
curing to said mortgagee, it* successors and assigns.
the prompt payment on or before ten years after
paid December sth, 1881, <<' tho sum of six hundred
dollars, together with int-rrest thereon from aairJ
December sth, 1831, at the rate of si; per cent, per
annum and a monthly premium for same of throe
«ad 12-100 dollar.-. interest and premium payable
monthly on the first Monday of eac i and every
mouth after said December, 1 viJ, and also to secure
to said nortgagee, its successor and assigns, the
prompt payment of the further sum of threo dol
{arson the first Monday of each and every month
after said December, 1881, as and (or the monthly
contribution on twelve shares of the eighteenth se
ries of the capital stock of said society then owned
by s«id leaac Hill, and according to a bond given by
Bald Hill to said mortgagee dated December sth,
ISBI, which bond is referred to in said mortgage;
nnd notice is also given that said mortgage was m
the 36th Any of December, 1881, duly recorded ii
the office of the Register of Deeds of said Rnmsej
county, at page 72 of Book 52 of the mortgage rec
ords of said office, and that default has been mad?
in the payment of said interest, and also of Bale
premium, and also of paid monthly dues for morf
than ten mouths, and that th ( whole principal debt
has, by the terms of said mortgage, thereby become
duo and that said mortgage© claims there is due, and
there is due, nt the date of this notice the sum oi
seven hundred forty-nine and 45 100 dollars; and
notice is also given, that raid mortgage allows
said mortgagee fifty dollars as attorney's fees and
all costs and expenses in case of the foreclosure ol
eaid mortgage, and that said mortgage also, and
the same was recorded as a part thereof, contains
a power of tale upon default being made in any
condition of said mortgage, and that by reason of
the said default said power has become operative
i and no action or proceeding has been institated a!
, law or otherwise to recover said debt or any part
Now, notice Is hereby given that under and by
virtue of said power of sale the said premises
mortgaged, the same being described as follows. viz:
Lot numbered seventeen (17) in block numbered
two ( i) of Borup & Payne's addition to St. Paul,
according to the plat of paid addition on file in the
office of the Register of Deeds of said county will
, bo sold in St. Paul In said county, • at public vendut
: t» the highest bidder, nt the front door (on Fifth
! street) of, the office of the Register of .Leeds vi
; said county, at eleven (11) o'clock in the forenoon
| of Saturday, the second (2d) day of February, 1834.
I an by law prescribed, to satisfy the amount which
: shall then be due on said mortgage debt together
! "ithfiaid attorney's fees and the costs and expense
of this foreclosure, and said mortgage will thereto
bo foreclosed.
Chas. N. Bell, St. Paul, Minn., 't»a o ee,
i Attorney for said Mortgagee. dec2l-7w-frl

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