Fergus County Democrat. [volume], December 27, 1904, Image 1

About Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919

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Fergus County Democrat.
▼ol. I. No. 20
LEWISTOWN, FERGUS COUNTY, MON'i ANA, TUESDAY, DEC. 27, 1904.
Price 5 Cents.
CREAMERY CO.
INCORPORATED
Articles of the Lewistown Creamery
Association filed With Secre
tary of State.
WILL START IN Tift SPRING
Enterprise Backed by a Large Num
ber of Substantial Citizens, and
Success Is Assured.
The articles of incorporation of the
Lewistown Creamery association were
filed with Secretary of State Hays
last week, W. D. Symmes, David Hil
ger and George M. Stone being the in
corporators. According to the arti
cles of incorporation the association is
to conduct a general creamery busi
ness and is to possess all of the appur
tenances thereunto appertaining. The
capital stock is $10,000, divided into
shares of $100 each. Five thousand
five hundred dollars of the capital
" stock has already been subscribed.
Nine directors have iteen chosen to
serve until their successors shall lie
elected. They are David Ililger, G. J.
Wiedeman, W. D. Symmes, .John
Burgh, Peter Anderson, William Med
igar, John Laux and J. E. Lane.
Stock has been subscribed as fol
lows: G. J. Wiedeman, $500; David
Ililger, S. S. Hobson, Samuel Phil
,V lips, William Medigar, J. I. G'orbly,
Robert. Morrison, Vaclav Pulec, A. B.
Powell, W. O. Downing, M. L. Wood
mau, Frank Strouf, J. F. Vancok,
Peter E. Anderson, Ed McDonnell,
George Day, John Clegg, L. W. Acly,
A. B. Long, H. C. Fletcher, V. F.
Dusek, J. H. Vadnais, Crowley Bros.,
Frank Yaeger, Marion Maury, L. W.
Kldridge, Herman Otten, E. J. Mc
Collum. H. C. James, John Crowley,
George W. Ayers, George M. Stone,
John Korgli, Joseph Bertrand, H. P.
Kelson & Sjpn, F. E. Wright, J. P.
Barnes, W. 1. Cameron, O. E. Ma
luuia, Carl A. Anderson, Jacob Holze
mer. G. M. Stafford, John Laux,
I bunas Taillon, L. P. Slater and John
M. Vwoman, $100eaclv, W. D. Symmes
and J. E. Lane, $200 each.
The creamery building has been
completed across the road from the
fair grounds, the cost being over
r> $5.noo. Active operations wilt begin
in the spring, and it. will not take
many months to determine exactly
whether or not the much-talked-of in
dustry will he a success in Fergus
county.
CALLAHAN WINS ON FOUL.
' Lewis Has Ail the Best of the fight,
But Loses His Head.
Dick Lewis, the colored tighter of
t his city, was the victim of some hard
luck Friday evening in his tight, with
(t . -Kid" Callahan. The colored boy was
pounding the "Kid" all around the
ring and would have unquestionably
put him out before the twenty rounds
were up, but. in the seventeenth, after
sending Callahan to the floor with a
succession of right, and left wollops,
lte forgot himself and struck Caliahau
while tiie white boy was on his hands
. and knees, and Referee Bebb had
nothing left to do but give the de
cision to Callahan.
The tight was one of the best from
t lie. standpoint of slugging and ganie
ness ever seen in the city. Botli men
were in fairly good condition, Lewis,
however, having the better of l ids.
Callahan outweighed his dusky op
_ ponent, but Lewis more than made up
far the difference in ring generalship.
Callahan started in with the evident
intention of ending the tight with a
punch. Assuming a "Jimmy Britt"
crouch, lie went, after the gentleman
' from the south. The first round was
even, with Callahan doing the greater
part of the work. There was some
thing doing in the second. After a
few exchanges Callahan caught the
negro with a terrific rigid swing on
the. point, of the jaw, and the dusky
one went to the door like a log. He
staggered to his feet at the count of
nine, but was evidently somewhat bo
wildered.
Ills superior experience in the ring
here stood him in good stead, and by
stalling lie managed to finish out t lie
round without serious damage. The
right from there to the eleventh was
a ' biff-bang'' affair, with Callahan
gradually getting t lie short end of it.
He succeeded in landing an occasional
right swing on Lewis, but the negro
was careful after the little experience
in the second and managed to get
away from the worst, of them.
From the eleventh round to the
finish Lewis had the best of it. Cal
lahan showed a marvelous ability so
stand punishment and came up strong
several t imes when it looked as if it.
was all off with him. Now and then
lie would make a supreme effort and
go after Lewis like a tiger, but he did
not have the stamina to put on the
finishing touches. In the sixteenth
and seventeenth he took a beating
which would have caused most men to
quit, but hung on with the tenacity
of a bulldog, evidently determined to
last out. the twenty rounds. But
Lewis' anxiety to put him out cost
the black boy the well-earned decision
in the seventeenth. There was a
fairly good house on hand to see the
bout.
TRUSTS STILL ON TOP.
Attorney General Donovan's Suits
Dismissed by Supreme Court.
Helena, Dec. 23.—Holding that n
was without jurisdiction, the supreme
court today dismissed the proceedings
brought, by Attorney General Donovan
against several of the companies al
Jedged to he operating in Montana in
violation of the state's anti-trust, laws,
and the cases are at an end so far as
the original proceedings in the higher
court are concerned.
Some days ago ,t,he attorney gen
eral petitioned the supreme court for
an injunction against the Internation
al Harvester company of America,
preventing it from doing business in
the state and forfeiting its property
in Montana. This was submitted to
the court on argument of defendant's
demurrer and motion to quash.
Meantime the attorney general in
stituted proceedings or a similar na
ture against the Swift, Armour, Cud
ahy and Hammond packing house
companies, and these were argued
and submitted on a demurrer of the
defendants last Friday. It was con
tended by the defendant that the su
preme court did not have jurisdiction,
but that the offense, if any had been
committed, was one that should bo
passed upon by a jury.
Today the court announced its rul
ing on both the harvester and beef
trust eases. Chief Justice Brantly
said the court was of the opinion that
it had no jurisdiction in the matters
involved, and for that reason the de
fendants' demurrers and the proceed
ings dismissed.
CHRISTMAS IN TWQ CITIES.
New York Feeds the Poor—Chicago
Spends Much Money.
New York, Dec. 24.—New York has
its Christmas celebration tonight, and
nearly everybody in the city had trees
lor the children. For tomorrow and
Monday the city has prepared a grand
celebration for the little ones, and
for the hungry in the poorer sections.
The Salvation army will feed 50,000
people, and other charitable organiz
ations will provide for double this
number.
ft is estimated tonight that over
350,000 Christmas trees have been sold
in the city during the last 10 days.
Outgoing trains on the New York
Central and New Yora, New Haven
& Hartford railroads today were from
20 to 40 minutes late because of the
congestion of trains due to the holiday
traffic. During the day 30 extra trains
were dispatched eastward. Incoming
trains were also late because of ihe
heavy travel.
Chicago, Dec. 24.—It is estimated
that it will cost Chicago more than
$22,000,000 to celebrate Christmas
this year. Never has money been ex
pended so freely in celebrating a holi
day in the history of the city. Shop
keepers say that people began to buy
Christmas presents in October. As
the season advanced the buying of
presents became more enthusiastic
The estimated Christmas receipts of
in large stores on State street, $12,-000,
■•n; Christmas receipts from other
than State street stores, 3,000,000;
money spent for Christmas turkeys
and other poultry, $500,000; cost of
other articles composing Christmas
dinners. $1,000,000; gifts by corpor
ations and firms to employes, $1,500,
000; cost of shipping Christmas pres
ents uy express, $500,000; 60,000
Christmas trees, $50,000; charities
and girts. $50,000; total, $22,000,000.
Don't forget that Surprenant, .the
sign writer, is doing business at the
old stand.
WANT CARNEGIE
CONTRIBUTION
Board of Trustees of the. City Li
brary Receive Reply from the
Famous Library Builder.
QUARTERS CHANGED TO CITY HALL
Room at the Public School Building
Inadequate-Financial Condition
Very Satisfactory.
The hoard of trustees of the Lewis
town public library are trying to
"Chadwick" Mr. Andrew Carnegie for
sufficient funds for a good library
building. F. E. Smith, president of
the heard, has received a reply to the
applicaiion. Mr. Carnegie's library
secretary requests that the hoard sub
mit a statement of the amount of
money raised by taxation for the sup
port of a library. This information
has been dispatched and further de
velopments are awaited with great
interest.
The Carnegie donations are made
systematically and the amount given
to the smaller cities depends upon the
amount which the city can raise for
the support of the institution after
the philanthropic millionaire has
erected the building. Lewistown has
a large library fund, comparatively
speaking, and it is thought that if a
donation is received at all it will he
between the sums of $7,500 and $10,
000. That will insure the erection of
a building which will be ample for all
library purposes in this city for years
to come. The city hall lias cost but
$6,000, and a library building of that
size will be adequate, although if a
better building can be erected it will
be more, to the credit of the city.
The present quarters of the public
library in the grade school building
are inadequate, and the hoard of
trustees at their regular meeting, hold
Thursday afternoon in the office of
F. E. Smith, decided to look for a bet
ter location. A committee examined
the vacant room in the new city hall
and decided that it will be a great
improvement over tlve present quar
ters. As soon as it is furnished, the
library will be moved up town.
Mrs. Sloan filed her resignation as
librarian and the board cl lose Mrs.
Albert Pfaus to succeed Mrs. Sloan.
Other business of a routine nature
was transacted.
FREIGHT RATE LEGISLATION.
Teddy Discusses the Question of
freight Rebates.
Washington, Dec. 21. President
Roosevelt discussed today with sev
eral callers proposed legislation re
garding the question of railroad
freight rebates, and the question of
empowering the interstate commerce
commission witti authority to adjust
freight rates where found to be ex
cessive. Among those who talked
with tiie president were Secretary
Morton and E. 1*. Bacon, chairman of
the executive committee of t he inter
state commerce law committee. The
president is anxious that legislation
in the interest of such measures be
enacted as soon as practicable, and
the matter has been considered by
him with many of his recent callers.
It was stated t odav by one of the
president's callers that Attorney Gen
eral Moody was now engaged in the
preparation of a bill which substan
tially would embody the views of the
administration on tiie question, and
the measure would lie presented to
congress probably soon after the holi
day recess.
The president has announced ttiat
the bill he is willing to support must
be fair to both the railroads and the
people. He believes that tiie initial
steps toward the desired legislation
should be taken at tiie present session
and, if possible, that the legislation
proposed should be crystali/.ed into
law at this time.
A GREAT MINING CAMP.
E. R. Parnell Is Very Enthusiastic
Over Tonopah and Goldfield.
Helena, Dec. 21. E. it. Purnell,
well know Helena mining expert, lias
just returned from a business trip
through Nevada, California and Utah
and and he brings back glowing re
ports about the new mining camps in
Nevada.
"'1 is m.\ firm convict ion," said
1 'i; i'iu'1! lonighi, "that within no days.
I he mod tremendous boom (hut has
been seen at an\ mining camp in
.tears will In' experienced at Goldfield,
Nev. This camp is 2u miles from
tonopah and 21! miles from Reno.
Tonopah and Goldfield are connected
b\ ,i narrow-guage railroad, hut it is
comjletelv blocked with the immense
shipments going in, and most of tlie
oie is now being hauled to Tonopah
by mule teams.
"Goldfield is now less than a year
old, and already the ore sold has
brought in more thru $3,000,000,
while 1 am informed that from $3,
0< VH)0 to $5,000,000 wort Ii of high
grade gold ore is lying I here sacked
and ready for shipment. There are
not mule teams enough to haul it to
Tonopah, and the railroad is unable
to handle it at present .
"Goldfield's record in less than a
year is beyond that of Leadville, when
the Colorado camp was two years old.
The ore veins in the Goldfield mines
are very large and the ore is high
grade.
JAPS CAPTURE ANOTHER HILL.
Little Men Continue to Close in on
Beleaguered Port Arthur.
Tokio, Dec. 24.—The Japanese
forces besieging Port Arthur yester
day stormed and now hold the bights
east of Houyangshukou.. Prisoners
captured by the Japanese report that
the Uussian general, Kondratncko,
and another general officer, whose
name is not known, have been killed
and that general Focek is among the
wounded.
A dispatch from the Japanese army
before Port Arthur, at midnight, says:
"On December 22, the Russian de
fense works on the higlits east of
Houyangshukou, Sungshu moutain,
Rub lung mountain and the 'H' foils
were bombarded by the Japanese with
heavy guns which inflicted consider
able damage. * As a result of the bom
bardment, a detachment of the Jap
anese right wing at dawn December
2;i tf mked the enemy on the higlits
east of Houyangshukou and captured
the ridge and heights in the morning.
"In the morning after the enemy
concentrated its tire irom several
ports at Taig Yankou and Yahutsui
upon our newly occupied position,
following this with a determinea
counter attack, during which hand
grenades were thrown, hut our force
finally repulsed the enemy. Later the
enemy's bombardment abated, we con
structed some defensive works and
our occupation became more assured.'
SHEEP ARE SLAUGHTERED.
Dastardly Deed Committed by Masked
- Men Near Bridger.
Dridger, Dec. 24.—A war lias broken
out between the cattle and the sheep
men in the Clark Fork valley, and
reports reached Bridger today to the
effect that cattlemen had bombarded
and killed 500 head of sheep for C. B.
Clarke, who resides on the Clara
Fork river about 25 miles south ot
Bridger. The sheep were brought to
the valley recently from the Mussel
shell country and taken to what is
known as Silver Tip.
The story of the slaugiit'er is to tho
effect that the sheep were grazing
at the mouth of the Long Day, when
a number of masked men rode up and
compelled the herder to leave. The
party then attacked the sheep with
clubs and guns, driving some over
a bluff and cutting down the others.
The affair has stirred up the entire
valley, and trouble is looked for, as
Clarke is a determined man and
swears to retaliate. Owing to the
great amount of hay in the valley,
several prosperous ranchers have
brought in large consignments of
sheep to eat up the surplus feed, and
the ranchers have welcomed the In
novation owing to the small number
of cattle now running in this section
Recently Clarke brougnt in 5,000
sheep, and J. N. Toman has about the
same number, while Hairy Shupak is
ranging 3,000. About a month ago
the sheep wagon of Frank Clarke was
burned up near the scene of the kill
ing.
Subscribe for the Democrat.
Notice.
Notice is hereby given that the
name of the McDonald Creek Coal
company has been changed to the
Lewistown Coal company.
A complete liue of rubbers and over
shoes at the Fad.
SHERIFF BENNER
UP AGAINST IT
Dashing Cascade County Officer Ar
rested for Passing Numerous
Worthless Checks.
SEVERAL THOUSAND IN DEBT
A Butte Saloon Keeper Starts the
Trouble-Bcnner Unable to Se
cure Bail in Butte.
Great Falls, Dee. 21. Two warrants
for the iii"..t or Herman 10. llennor,
sheriff of Cascade county for the past,
iour years, on charge of having se
cured cash for worthless chocks, are
now in the hands of officers, the
charge in each case being grand
larceny. Mr. Benner was in Butte
Monday, but when the officers were
looking for him last evening, they re
ported they were unable to find him.
It. is reported dial warrants for
his arrest on similar charges have
been issued elsewhere in the stale
and in cities outside of tho slate,
ami a complaint accusing him of
having passed a worthless check, was
filed in this city, in Justice Sufford's
court, but was withdrawn in conse
quence of efforts of his friends to
protect him.
It is believed that bis indebtedness
amounts to thousands of dollars, and
it. is believed he is wituuuf. resources.
All his property has been sold or
mortgaged and all moneys due him
front the county or state to the date
of expiration of his term of office
have been assigned to creditors. It
is reported also that he is indebted
to many in Great Falls, Helena, Havre,
Shelby, Spokane Seattle and
Butte, and for several weeks they
have been threatening to make
trouble for him. For several weeks
his checks have been rejected bv
both banks of the city with which ho
had done business, and it is known
that about two months ago, repre
sentatives of those interested in trust
funds tliai lie had began to press
lnni hard, and forced him to make
settlements after a considerable sac
rifice.
He made desperate efforts al (bat
time lo raise money, and bus since
been promising to redeem paper that
he then issued, but lie lias failed to
do so. and the climax came when lie
went to Butte, for which city he de
parted Sunday morning. Soon after
bis arrival in Butte, .lore Clifford, a
saloon man of that place, made com
plaint. against him, alleging that Ben
ner passed a worthless check for $50
on him September 27. A warrant
was then issued and Mr. Benner was
taken into constructive custody by
the Silver ilow county officials and
every opportunity was given him to
make good. Mr. Clifford stated last
night that, he had not heard of any
settlement being made by Sheriff
Benner, and so far as he was concern
ed, the matter was now in ihe hands
ol the county officials.
Yesterday a complaint was filed in
Justice Harrington's court at Butte
against Mr. Benner. The complaining
witness in the second case is Charles
McGarvey, formerly a deputy under
Sheriff Quinn of Silver Bow county.
Mr. McGarvey alleges that Sheriff
Benner secured about $250 from him
and in return gave him a check on a
Great Falls bank and il was -returned
dishonored.
Mr. Benner was in Butte during the
day, but he could not be found by the
officers in the evening and the attempt
to serve the warrant upon hint failed.
Saturday night. Benner passed a
check for $15 at C. E. Davis' jewelry
store, in this city, having made a $3
purchase and the check was rejected
Monday. Mr. Davis made inquiries
and found that other checks had also
been passed by Beimer Saturday
night, and that he had attempted to
pass others Sunday morning, just
prior to his departure for Butte. Mr.
Davis then went before Justice Sai
ford and made complaint, but the
justice declined to issue a warrant
until the county attorney had passed
upon the charge preferred, and Mr.
Berry took the matter under advise
ment until yesterday. Last evening
two of Mr. Benner's friends settled
with Mr. Davis and the complaint
was withdrawn, but a few minutes
later word was received that Benner
that
anot 1
tier
war r;
ant hail be
en issued
in I
'.title
and
othc
is else win
■re, while
a n
•port
was
rect
dved from
Spokane
that
his
iud
OI.UM
In ess titer
e. whore
ho i
tad ft
vqttonl li
visited, m
,'us largo.
Hi;;
Irion
ds now
have little
■ hope fit
heiu
abl
e tf
) do
anything
more for
hire
I lit; financial condition is attributed
lo gambling. He lias not done much
gambling in ibis cily, except at poker,
hut for several months reports have,
boon received from other cities of his
'plunging' while on visits there, and
•he losses reported have been very
large in many instances, lie has
boon sheriff for th'e past four years,
and tils term is to expire with the
end of tho year. It is estimated that
he has received about $10,000 per
year for that time, in salary, niileags,
board of prisoners, etc., and there
should have been large profit in the
office. His expenses in tiie campaign
two years ago were very heavy, but
he was not greatly in debt at that,
time.
It is believed dial Ills official ac
counts are correct. He lias not. had
personal charge of them recently, and
it is known that his ageut has made
prompt settlements with the county
or late, while it is believed he has
recently squared up for the trust
funds that were in his oiiarge. which
amounted to less than *3,000. His
official bond is in tho son. of $20,000,
with a Baltimore company ns surety.
Mr. Benner is 3S years of ago. lie
has beon a resident of Cascade county
for 12 years and lias had an excellent
reputation in business circles. Prior
to being elected sheriff he was in t.lie
employ of th'e Great Falls Iron Works
as bookkeeper and superinteudant
and was also for a time manager ot
the company store at bell. Ills ma
jority at his first, election was 501,
and though the county was politically
against him two years ago, he was
re-elected hy a majority of 113. His
family consists of a wife, a daughter
and a son, and his mother has also
been making her home with him.
At the sheriff's office it. was stated
that nothing had been heard from
Benner. Indirectly the deputies learn
ed that llio'i' olffet was in Butte on
Monday and yesterday morning, but.
he did not advise them of his-where
about s.
JURY COULD NOT AGREt.
Slattery, the Butte Mqrderer, Gets
Respite Trom Punishment.
Butte, Dec. 24.—After being out
over a day and a half. Ihe jury in the
ease of Jerry Slattery, charged with
tiie murder of Patrick Mahoney, were
discharged today by Judge MeClornau
upon their statement that there was
no possibility of their agreeing upon
a verdict. The jury was discharged
this morning at 10 o'clock, They had
bad the case since half past live
Thursday evening. The last, ballot of
the jury taken, stood six for convict
ion and six for second degree murder.
At lo o'clock Ihns morning Judge
MeClernan sent for the jury. They
filed into the court mom, a haggard,
tired body of men.
"Is there any possibility, gentlemen,
of you arriving at a verdict?" said
Judge MeClernan.
"There is not," responded Ion-man
Fox.
"Is this the opinion ot all the
jurors?" queried the court.
"It Is," came the chorus of answers
from the twelve men.
"Gentlemen, you are discharged
from further consideration of this
case."
There never was any possibility of
the jury agreeing. Some 16 ballots
were taken while the jury -was in
session.
BLAKE SUCCEEDS CALLAWAY.
Prominent Helena Attorney Appointed
Supreme Court Commissioner.
Helena, Dec. 24. Judge Henrv N.
Blake of Helena lias been appointed
a member of the supreme court com
mission to succeed Commissioner I..
L. Callaway, announcement of the
appointment being made al the open
ing of the supreme court session this
forenoon.
Commissioner. Callaway will retire
front the commission the 1st of Jan
uary to become judge of tlie district
court for the Fifth district, composed
of Beaverhead, Jefferson and Madison
counties, having sent in his resig
nation at the time of his nomination.
Judge Blake will file his oath of
office, and be ready to take his place
on the commission. Monday. January
Judge Blake was, al the recent elec
tion, a candidate for the office of
county attorney of Lewis and Clarke
county, having been defeated by Leon
A. Lacroix.