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St. Paul daily globe. (Saint Paul, Minn.) 1884-1896, June 12, 1895, Image 2

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(i'M'i KNIFE,
i --
He Came From Glen-wood, Wis.,
and Was Out of His Mind
at the Time.
> Yesterday was not without its at-
tempted suicide. Russell Thompson.
aged twenty-six, a teamster from Glen-
wood, Wis., ended a night of delirious
vocalism at the Commercial hotel by
lacerating his throat with a pen-knife.
He was temporarily insane. His in-
juries are not serious and he will soon
J Thompson registered Monday night,
about 10 o'clock, at the Commercial
hotel, corner of Third and Sibley
streets. He retired to his room quite
sober and rational. A few hours later
he began to sing. He had an excellent
voice, but its volume was, naturally,
more apparent than its quality. Mr.
Thompson's recital began about at 11
p. m., and lasted until 4a. m. These
are not the conventional concert hours
in St. Paul. The Commercial, how-
ever, Is a very cosmopolitan hostelry.
No innovation of custom, however
novel, is treated with disrespect. But
when, about 4:30 a. m., Mr. Thompson
came down into the ladies' parlor, and
not only continued his arias and his
recitatives, but rushed impetuously in-
to the bedroom of a lady upon her
opening the door to come out, it began
to be felt that cosmopolitan courtesy
was being imposed upon.
When Henry Busse, the hotel porter,
came up, Thompson had returned to
the parlor. He slammed the glass
• door in Busses face, and, pausing upon
a high note— from "Robin Hood"—
reached dramatically for his hip
pocket. Busse joined in the spirit of
the scene by drawing his revolver.
Thompson paused, explained, with a
comic opera smile, that he hadn't slept
all night and was going to die, and
then resumed his song. j
Two hours later his melody ceased, ,
and he was discovered, still in the par-
lor, jabbing his neck with a jack-
knife. Dr. Brimhall was called In,
' and Thompson was taken to the city
. hospital. After his departure It was
found that he had not gone to bed dur-
ing the night, but had spent the inter-
missions of his concert in cutting the
soap into small bits and scattering it
about his room.
At the hospital Thompson's Injuries
were pronounced trifling. He admitted
that he had been out of his head. The
case is one of melancholia. .
WILL NOT close: THE road.
ZZZZ' ■'-:•- •--,' -
The Complaints of Dloomington
The Complaints of BloominKlon
Farmers Are Considered.
A short time ago a number of the
residents of the military reservation at
. Fort Snelling.entered- complaint to the
Commercial club" that the principal
highway across the reservation, the.
Bloomington road, was about to be
closed up by the military authorities.
This was to be done on account of it
having become necessary to extend the
rifle range. The complaints also stated
that a branch highway called the Rich-
field road had already been closed, and
that there was a probability that a
hardship would result to the residents
of that populous district. .Tjhey
claimed that by closing these highways
they would be obliged to go one and
a quarter miles out of their way and
towards Minneapolis, before they could
Strike the road leading to St. Paul.
The Commercial club sent Secretary
McGinnis out on Monday to investi-
gate the matter. He was received by
Col. Moe, the officer in command at
the fort, and was shown over the dis
trict in. controversy. Secretary Mc-
Ginnis, after a careful investigation,
says that if the Bloomington road
should be closed, it will compel the peo
ple in that neighborhood to travel from
a mile to a mile and a quarter out of
their way to reach the road to St.
Paul as claimed. .
Yesterday noon a little lunch party
met at the club, comprising Col. Moe,
Chairman H. C. McNair, of the club's
state development committee, and
President Footner. Here the whole
question, was informally discussed re-
sulting in the understanding that there
is no intention to permanently close
up the Bloomington road. Thus the
matter rests.
The Commission Appointed by
the Governor Held a Meeting.
The commission appointed by the
governor to find a location for the
fourth hospital for the insane held its
first meeting yesterday in the govern-
or's office.
Capt. O. C. Merriam, of Minneapolis,
was elected president, and Alva East-
man, of St. Cloud, secretary. These
two officers were instructed to prepare
advertisements for a suitable location i
and have them published. On Aug. 22,
the board will meet to consider the
propositions. Several representatives
and senators were present yesterday
to present the claims of their various
districts, among whom were Repre
sentative Staphs, from Hastings, and
Senator litis, from Chaska. Mr.
Davidson represented Farmington, and
I. Goswell, Delano.
Gilroy Was Too Fast.
Thomas Gilroy, a collector for an in-
stallment house, was In the police court
3 Cents
For Pettijohn's Breakfast Food,
8 Gents
For Breakfast Bacon, per pound (in
■ the piece).
f © Gents
1© Gents
For Fresh Dairy Butter, per pound.
It is delivered to us fresh every day,
and will save you nearly half of the
price you pay for butter elsewhere.
New Poioioes out Gra Pi!
The New Potatoes; per peck . ... 25c
' . The Minnesota Green Peas, per
* Peck • *■*; **. ;. -. :^::. V 15C.
It is but one minute's walk from
any car line in the city to our doors.
Eighth and Jackson.
' yesterday morning, charged* with" via- l
lently removing some lace curtains
from the residence of Mrs. Mabel
Smith. The latter had failed to pay
the last installment. -j Mrs. Smith nat-
urally objected to losing the whole
of her curtains, having paid most- of
the original debt. The judge sympa
thized with ; her in her non-apprecia
tion of "business", methods, and fined
Gilroy $10. ' -; V/: ''" •'-:** A::;_
Given Yesterday Afternoon at St.
'*' Joseph's Academy.
At 4 o'clock yesterday afternoon the
senior class of St. Joseph's academy
gave its annual entertainment, and
delightfully amused a large audience
of friends and patrons of the institu
tion. The programme of fifteen num
bers was happily rendered, beginning
with a chorus by Bordese, which pre-
sented the full -strength' of. the class.
"The Serenade," by Behr, was brightly
given by Misses T. McDermott, K.
Kasmirsky, M. Dunlap and A. Kas-
mlrsky. Misses J." McLaughlin and
G. McClellan were heard to advantage
in a vocal duet, "Summer Night," and
a gem of the day Was an instrumental
selection, polonaise,' opus 4, Tucker,
rendered by Misses L. O'Neal, B.
Fontaine, M. Bredigheimer and A.
Ohage. - ~7~\'a -t-"..-" • ••.'*
One of the pretty" features of the aft-
ernoon was the mountain maid's revel,
which was participated in by Misses
G. Fitzgerald, . M. Burke, "L. Twohy,
M. Geraghty, M. Gorman, I. O'Beirne,
E. Kennedy, L. Gorman, E. Winter, A.
Ohage, E. Lucas, ! M. Feely, M. Mc-
Grath, L. Mahan, A. O'Bierne,
J. Kennedy, L. Dubead arid M. Pfister.
The Instrumental fantasia, by Ley-
bach, was charmingly : rendered by
Misses' A. Ohage, A. Metier, B. Baxter
and C. Berschen, as was also a violin
duet, "Tyrolean Airs," by Gungl, by
Misses B. Fontaine" and R. O'Neal.
Misses L. Nelson and J. McLaughlin
were very good in a piano duet, "Con- j
cert Morceau," by Mozart.
Another feature was the plaint of
the muses and aesthetic drill, which
was charmingly given by Misses M.
Heslin, L. Fanning,- G..JUcCallan.M.
Kenny, S. Rowles, J. Leo, M. Boedig-
heimer, H. Burke, M. Mac Donald, M.
Eshelman, J. Moriarty, T. Donohue,
F. Tourtelot, M. Moriarty, A.; McCau-
ley, K. Fanning." '-" .A_ „- '"..... '
The audience was pleased with the
instrumental selection of Misses I.
Kenny, L. Kasmirnky, M. Burke and
M. McDermott, and no less a treat was
the vocal solo, "Sunshine," beautifully
given by Miss L. De Yore. The instru-
mental, "Magic Flute," by- Mozart,
was sweetly played by Misses G. Mc-
Callan, H. Burke, M. Conan and M.
Burke, and Miss L. Fanning distin- ]
guished herself by an amusing recita- i
tion— "When I Was a Girl." '- Next
to the final number was the instru- j
mental "Fruhllngs," march, which
proved a rare bit of music and was
handsomely rendered by Misses G.
Fitzgerald, M. Geraghty, M. Dunlap,
M. Gorman, L. Kasmirsky, A. Ohage.
White's chorus concluded a musical
programme of exceptional merit.
Three St.Paul Couples Are Joined
in Wedlock.
The marriage of Mrs. Carrie Van
Slyke and Timothy Dwight Merwin
occurred last night at the home of
the bride's mother, Mrs. Weatherby, of
Kenwood terrace.
Only about fifty of the immediate
friends were present, and Dr. E. G.
Ingersoll performed the ceremony. Mr.
Harold Smith acted as best man, and
M. J. Boyle and Harry Weatherby were
the ushers. The.. bride's gown was of
pink" silk, and she carried La France
roses. •-• ■ - -■'< . ... -■■.-■■ .. .- . ■-...... ......
The house decorations were entirely
in pink. ' - ' - •.; • .
•'»■•♦'.*•- ;' .
The marriage of Miss Florence Rob- ,
bins and Wallace Winter occurred at 6
oclock last evening at the home of the
bride's parents on Summit avenue.
r. a.'Z * * * -—'■-
Yesterday afternoon at 4 o'clock the.
marriage cf Mrs. Frances M. Long
field and George W. Burden was sol
emnized in the presence of the rela
tives and immediate friends' of the
famiiy. The wedding was a very quiet'
home affair, and the ceremony was .
performed by Rev. J. W. Conley, of
the First Baptist church. The bride
wore a brown satin gown and carried
bride's roses. The house was beauti
fully decorated with palms and roses.
Among the guests were: Mrs. Will
iam Braden. Mr. and Mrs. Hedges, Mr.
and Mrs. Blackmarr, of Minneapolis;
Miss Collins, Miss Ellithorpe, Mrs.
Luke G. Forbes, Mr. and Mrs. Mess
inger, of Waterloo; Mrs. Johnson, Mrs..
Clifford, Mr. and Mrs. Taylor, Mrs.
Egbert, Miss Burden and Miss Margie
Mr. and Mrs. Burden left on an even
ing train for Duluth. ZZ^ArZ
Robbed and Discouraged, He At-
tempts to End His Life.
William Brown, who attempted sui
cide in Irvine park last Sunday, was
brought before the police court yester-
day morning. His case was contin
ued for two days. He did not deny
that he had tried . to ! poison himself,
but claimed that he was despondent
from losing his money. He had ar-
rived in the city with a considerable
sum, but had been drugged and robbed.
The loss of his wife, who died a year
ago, had also discouraged him.
Post Mortem on. -.the Remains . of
Frederick; Helmer. ■
An autopsy was held yesterday after-
noon en the body of Frederick Helmer,
who was found dead Monday morning.
in Indian Mound park. As intimated
in the Globe, it was found he had
taken arsenic. The post mortem was
conducted by Coroner Whitcomb, as-
sisted by Dr. -Finnel, and by Messrs.
Miller and Wedelstaedt, of j the, state
university. . .--- -
The deceased will be buried today
from his residence,, IOCS West Seventh
street. . - - :i •";•- -- ' . -
John Pfeifer and i George Reade
. Nn Longer Agree.
John Pfeifer yesterday began a suit
against his partner, George, L. ; Reade,
to have.their partnership dissolved' and
a receiver appointed to wind up their
business. The complaint alleges that
in March last they entered into a part-
nership to conduct a livery and beard-
ins* stable business, the plaintiff put-
ting up the requisite amount of cash,
$310. Each was to, have an equal inter-
est in" the profits. Pfeifer charges that*
Reade has taken possession jof the
books of account and refuses to allow
him to know anything about the busi-
ness; has collected money - and ren
dered no account therefor, and in other
ways conducted the business as though
he were the only person interested. ■jgSS
- ' Avon School Planar *".:.
Plans. for the new school house to be
erected at the corner of Avon and La-
fond streets were filed yesterday; in the,
building inspector's office. V Plans call
for a two-story brick building, with 100
feet frontage and a -.depth of 55 feet.
It will contain eight* class"; rooms, and
the estimated cost is $14,000.- i "'• A '.. j
- For ' Dyspepsia .■
Use Horsford's Acid Phosphate.
Dr. George H. Knapp, St. Louis, Mo.,
says: "I find it an excellent prepara
tion in dyspepsia -and nervous disor
ders, such as mental exhaustion, wake-
fulness, etc.
-; ZZ Z : BILLS. Z-Z'A.-r "• ' - ■ ZZz:.
.'- -•- „-»- . - f: A;-*.' J' .-•. V-V---, I
- - •'"-•:; .motion - . - :_Z'ZZZ.'
Connty Commissioners and City
Council Have No Authority
Over the Court House.
Judges Brill and Otis yesterday filed :
an order in the mandamus suit of the
St. Paul Gas Light Company against.
Comptroller MeCardy to compel him
to audit the company's bills for heat-.'
ing and lighting the court house and
tiJiy hall. . The order filed yesterday
is not a final determination of the'
case, but is practically, so, for it is an
order denying a motion to quash: the
writ on the ground 'that there were not
sufficient facts stated in the informa
tion to constitute a cause. The final
hearing is set for June 20.
The judges attached to their order a
long memorandum, in which they ful
ly discuss the reasons why the bills
cf the gas company are not unlawful
and should be audited by the comp
troller. They begin by reviewing" the
origin of the joint court house and city"
hall commission under a special, act
of the legislature. Under this law the.
commission " has absolute control of
the court house and .city hall, being
j empowered to provide for its care and
I maintenance, including heating and
lighting. The board of county com
! missioners or city council has nothing
to do with the building whatever, ex-
cept in so far thai they may,;. act
through the joint commission. The
only duty imposed on the county
board or city council is 'that each
shall pay one-half the bills for expense
incurred in connection with building.
The«fl'udges 'then go on to say that
in connection with 'the building must
be vested in some one, and in the ab
sence of any more specific legislation.
it must be taken that this power is
vested in 'the joint commission. As
to the contention that this power was
taken away by the Bell charter if it
ever existed, and has by implication.
become vested in the* county com-
missioners-and city council, they say
that after a careful examination they.
are unable to concur in this view.
The language of the opinion then con-
tinues as follows: . ZZ'^A-A
As before suggested, the council has
no authority to jointly contract with*.
others as to common property, and it-
is clearly without authority to treat
such property as its own, ignoring
those interested with it in such prop-
erty, the care of which cannot be sepa
rately undertaken. Moreover, subsec
tion 13 of section 3, enumerating the.
powers of the .council with reference
to taxation", authorizes" it' to provide '
for the payment-: by. -said/city of its
portion of the maintenance of the
court house and city hall, just -» as- in
subdivisions 15 and 17 it is to provide
for the payment of salaries, and not
as in numerous other subdivisions to
provide for the support of these vari
ous departments, thus indicating that
it was expected to pay, not to create,
expenses of this character, all -'"of
which tends to show that the provis-
ion of the charter under considera
and was not intended to affect the
power of the joint committee. We do
not find it necessary to pass upon the
question whether the implied policy of.
the Bell charter, or the general rule
of law as to the length of time eon-
tracts made by a committee of this
kind may be permitted to run, pro-
hibits the making of a contract to
cover a period of three years, as was
attempted to be done in this case.. A
contract might be made to continue
during the life of the committee, or it
might contract from month to month
for such heat and light as it should
require. Having reached the conclu
sion that upon the allegations of the in-
formation petitioner has a just claim
against the city, it only remains to con-
sider what are the duties of the re-
spondent in the premises. In sections
07 (13) and 6S (14), Comp. City Charter,
1884, p. 31, it is provided that "ail claims
and demands against the city, before
they are allowed by the common coun
cil, shall be audited, and adjusted by
the comptroller;" that in auditing and
•adjusting such claim he shall specify
the particular fund out of which it
shall be paid, "and the same shall not
be audited or adjusted by him or re-
ported to the common council until
there shall be sufficient funds to the
credit of the particular fund out of
which the sum is payable ;o pay the
same, as well as all other claims be-
fore that time audited -and allowed
against such fund." The comptroller's
duty Is 'plain. Upon the filing with
him of an apparently legal and valid
claim he is to examine the same, and
if there is sufficient money in the ap
propriate fund for its payment he is
to specify thereon and report it to the
common council for payment, making
all proper entries in his record of
claims. This ministerial . duty peti
tioner seeks to have performed, and,
if the allegations of the information
are true, it is entitled to such perform-
ance.----;..-!'. :AA'A Ar
Grand Demonstration to Be Held
at Detroit, Minn.
The people at Detroit, Minn., will
hold an old-fashioned Fourth of July
celebration. The Northern Pacific will
run - special trains. The Interstate
Summer; assembly will be in session at
Detroit Lake from July 3 to 31, and it
is upon its-grounds the celebration will.
take place. The day will be taken up
by the G. A." R. people. Senior Vice
Commander J. J. MeCardy, of St. Paul;
Hon. Eugene Hay, of Minneapolis;
Rev. W. E. Powell, of Wheeling, W.
Va., and Rev. R. M. McKay, of Minne
apolis,. will be among the speakers
present. Rev. W. E. Powell will speak
on "Our Country; the Dangers that
Threaten Its Prosperity and Institu
tions," and Rev. R. M. McKay will
take as his subject, "Scenes from My
Prison and Fugitive Experiences Dur-
ing the War." .
To Assist in Securing a Fall
,-'.'.- Count of the Population.
- All citizens of St Paul are urgently <
i ■, requested to give-all the assistance*
' they can in securing a correct enum
eration. When the census-man calls,
give him the names of everybody in
: the family • and of the servants, j also
the names of those who may away,
but whose residence Was in this city
on June l.;> An especial effort should;
be made to include '•.' all Z citizens and
their. families who are at White ßear,
I their Eagle,' Forest, are at White Bear, ;
Eald Eagle, Forest, Elmo, Minnetonka,
\ Prior, Lindstrom. ; Center City, Wyo
x ming, Four lakes, -or at ; any/ of 'the
. numerous lakes and summer - resorts
s around St. Paul. *. No one should neg
"" lect to do this fair and ; reasonable :
duty, . and pointers ,on , people* missed
in the count, for any reason, should be
sent to the headquarters of the census
7 committee, 15 East Fifth street, where
; they will be promptly, attended to,
- ; ----- - *--:* ' ""''-'.-" J_j
St. Cloud Normal Sciiool Row Ends
i „ in His Defeat. >-" '
_ At the adjourned meeting of the stSte
normal School board yesterday the
matter of the differences between mem
; bers of the faculty of the St. Cloud
normal was settled finally by the re-.
fusal of the board to accept the resig-
nation of Miss Lawrence from the
corps of teachers, and falling to re-
elect Prof. Carhart, ,as president.;
Miss Lawrence will therefore be the
practice teacher for the next year, and
President Carhart's connection with
, the faculty will end with the close of
the school this week. - -, . .-
'_ The entire difficulty arose from the .
request made by the * president that
some changes be made in the practice
work of the school, and as Miss Law-
rence preferred her own methods, she
considered that the only course open
to her was to resign. Friends of both
parties • tried very hard to have the
"matter settled, so that both might re-
main in the school, but Miss Lawrence
insisted that she could only remain on
condition that a new president was ap-
pointed.' Miss Lawrence has been con-"
nected with the school for upwards of
fifteen years, and naturally had a great
'many friends, all of whom have tried
very hard to arrange matters so that
she might remain.'
All the other members of the faculty
•were re-elected.
The appeal of three candidates for
"graduation at the Mankato school, who
failed to secure their diplomas, accord-
ing to - the decision of the state ex-
amining committee, was referred to
Superintendent Pendergast and Di-
rector Engstrom. This committee met
after the adjournment of the board,
and decided that in these cases diplomas
would be granted, but that In the future
all members of the graduatinng class
must take the examination, as provid-
ed, from the committee.
'"* The board adjourned to meet on Aug.
29, at the Spaulding house, Duluth,
when the site for the new normal
school at that place will be consided&d.
As Viewed by Secretary Jackson,
'of This City.
Secretary James F. Jackson, of the
associated charities, who represented.
this city at the twenty-second annual
: meeting of the Natural Conference of
Charities and Corrections held in New
; Haven, Conn., has returned home, after
visiting several of the Eastern cities.
-In conversation with a Globe re-
porter, Mr. Jackson said:
. "I believe that I have gathered ma-
terial which will be of practical use in
the further, development of this or-,
ganization and to the various charity
organizations in our city. A point
strongly urged by Boston workers was'
that the proper way to deal with
drunkards is to give them long work-
house sentences, with industrial train-
ing. In Brooklyn I -was much im-
pressed with the existence of laundries
-and workrooms for , women, where
f nearly 29,000 days' work were given
last year and over 480,000 pieces were
laundried in the same time. The peo
ple in charge there tell me that they
. now have more work than their acui-
ties will afford. In the workrooms
-there were 23-.250 days' work given last,
year, . and about 1,800 women sent out
to take regular; or' temporary situa
tions. This has been a j great assist-
ant in the charitable work in that city,
and it seems singular that no other city
has, so far as. I know, such large and
well-organized facilities as Brooklyn.
Since the reports from that city were
heard in the convention, I learn that
there are several other cities about to
make.. efforts in that same direction..
Whether or not St. Paul is to be bene
fited in a like manner remains to be
seen." -;
Complaint Against Some Shippers
for Under-Billing.
JAn organization known as the West-
crn Railway Weighing Association and
Inspection bureau, having offices in the
Drake block, . has ' entered on a cam-
paign against under-billing in weights
and under-classification of articles
shipped.. The weighing and inspec-j
. tion association is authorized by the
different railroad companies west of r
Chicago, Milwaukee and St. Louis,,
for the purpose of weighing and in-
specting all carloads of freight in the
territory covered by this association,
which extends over the entire West-
crn country, Salt Lake and Ogden,
Utah, being its Western boundary.
Complaint was filed against Berger,
Penning & Co., of Fond dv Lac, Wis.,
under section 16 of the interstate com
merce law, which makes it a criminal-
offense for shippers to return to any
railroad or transportation lines incor
rect weights or descriptions of arti
cles offered for transportation. ...
The agreement with th,e"Berger-Ren-
nlng . company was to transport grain
and malt on the weights furnished by
the shippers, the weighing association.
by its methods arranging so as not to
weigh the property en route over the
lines of the association!
It is charged that some cars were
under-billed from 5,000 to 15,000 pounds
a car, and as most of the grain was'
sold to parties at points In the states
of New York and New Jersey, to which
points the rates were over 30 cents
for each 100 pounds, it created,^ it is
charged, a large pecuniary benefit to
either the shipper or the receiver of '
the grain. Quite a large amount w^^.
recovered by the weighing association .
for, a portion of the .under-billing, ,}fa
is stated, and a complaint was filed
with the interstate commerce commis
sion for a violation of section 10 of the
interstate commerce law. -7"- -83 c
:.-■ -■ "■--■- " " >J.jS
•■;--:--;. • ■ .- •io
It SticUetb. Closer Than. a Brotlicr,
It StieUeth Closer Than a Brothel*,
Does the. rheumatism. Cut oft all ret-''.
latlonshlp with it by the aid of.Hostefei?
ter'i? Stomach ' Bitters, . which severs.
tho bond without loss of time, if you
use it; promptly and persistently." No
testimony is more positive and ' con-^
current than that which establishes HSi>
efficacy in this obstinate disease. I'aai
it with assurance of good results for
malarial, dyspeptic and nervous
. trouble, constipation and biliousness.
■ - - - ■ ..c:,,;;ri;l
Clinr3es Miller ' Thinks. He Is'
Charles Miller Thinks He Is
Robbed. Gets Into a Fight and
-■ Pays Ten. -....'■ ■•-■■.-•..-:
Charles Miller; and Charles Conway;
passed \ Monday night in each other's
arms, like two loving -brothers,' at a"
Jackson | street lodging house. Yester- -
day morning Miller found that he had '
lost' ; his money. At once the two -
Charlies fell to punching each other's
;. heads, - again . like ; a . pair of . brothers, •
but no longer loving. . Later on,- in the
police court, Miller confessed that, the ■
money was probably nestling under the;
pillows of the: fraternal couch. The
judge ; added : one ; to zero and insisted*
j that Miller should lose $10 more in the
: shape of a : fine. : ' Conway i received his :
- punishment physically, and was spared :
a financial reprimand., -.-; '•■••'>' ■ . •<■_*-.
■Z The Ladies of the L'niversalist Socle-.
ty will serve dinners today and tomor-
V row, .in the -. building formerly occu-
pied by the C. O. Rice Carpet company,
on ; Sixth street, ;. opposite Hotel j Ryan.
.-'■ "'•' CASE, .. :':-V
... *■ - - - .- -, -
it', -j . -• :...;/. .
In au Action for Replevin Begun
In an Action for Replevin Besrun
by George Bassett Against
Rose Haren.
..; The. supreme court handed down five
decisions yesterday, all of which were
written by Justice Canty. In the case
of Christian Casper vs. Ole J. Klip-
pen et al., the order \of the, lower
court is reversed, and in the case of
"Gearge Bassett vs. Rose Haren the
order is modified. The titles and
syllabi of the cases follow:
Christian Casper, respondent, vs. Ole
J. Kllppen et al., appellants.
1. Where part of a merchant's stock
of merchandise is wrongfully "levied
on, seized and carried away, and by
reason thereof he Is compelled to dis-
continue business, on account of which
he is compelled to sell the balance of
his stock for less than its value, Held,
thefloss from such sale is too remote
a consequence of such wrongful levy
and seizure to form the basis of an
assessment of damages.
2. It is further held that the dam-..
ages caused by loss of future profits
in; this case are too remote and uncer-
tain to be allowed. Atwood vs. Landis,
| 22 Minn. 558, overruled. Third parties
brought an action against this plaintiff,
obtained a judgment by default,, and
procured execution to be Issued, under
wheteh the defendants, as sheriff and
deputy sheriff, levied on the property
of this plaintiff and obtained judg
ment by default. All of the proceed-
ings are regular except that" 'in all
of them the name of this plaintiff is
written Charles Casper, by which name
he never was known, but his true
name is Christian Casper. Ys'S'—S
. Held, the judgment is not absolutely
void, but it and all of said proceed-
ings are capable of being amended.
Held, further, the defendants cannot
justify under said execution, until it and
the judgment and all the proceedings
are amended in a direct proceeding for
that purpose.
Order reversed. CANTY, J.
; . Charles F. Burrows, respondent, vs.
Village of Lake Crystal, appellant.
' Held, the verdict is sustained by the
'evidence, and is not so excessive as to
'justify an appellate court in interfer
j ing with it. '•.
In an action against a municipality
i for damages for personal Injury caused
by a defect in a sidewalk, it appeared
j that prior to his injury the plaintiff
had some knowledge of the existence
I of such defect. As tending to rebut
| the inference that he was guilty of
j contributory negligence in not going
to his destination some' other way, it
was competent for him to -prove that
he knew that the sidewalk on the op-
J posite side, of the street .was at the
i 'time in a dangerous condition.
•; Proof, of . other similar accidents
I caused by the same defect, prior to the.
| ■time of the in jury, to the. plaintiff, is
- competent, "at least for the ' purpose
!'-of proving notice to the municipality. •
I -•- Order affirmed. , CANTY, J.
i George Bassett, respondent, vs, Rose
Haren, appellant. Where the parties
to an action have voluntarily litigated
j an issue or controversy not within
the pleadings, and a decision is ren
dered on the merits thereof, held", the
prevailing party should be given such
full measure of relief as is just and
j equitable under all the circumstances
i of the case. In an action of replevin
where the plaintiff did not invoke the
aid of the provisional remedy, this rule
is applied so as to change the action
j .into one for an accounting to deter-
mine the amount of defendant's lien
| on the property in question, and judg
! ment is ordered for plaintiff, for the
| recovery of the possession on payment
I of the amount of such lien.
i Order modified. CANTY, J. .
— — — " , • ■
v Thomas McN*amara et al., appellants,
i vs. Michael Casserly et al., defend-
I ants, Minneapolis & St. Louis Railway
! Company et al., respondents. In a de
i cree of distribution in the probate
j court, it is recited that the petitioner,
. claiming to be the sole heir, had filed
I a bond conditioned "to deliver said
j estate to any heir of said deceased who
shall establish a title thereto para- ,
mount to hers." The decree then ad-
judges "that the above described real
i estate be and the same is hereby as
| signed" to said petitioner "as sole heir"
j of said deceased. The bond as recited
was thereon filed. There was no pro-
vision in the statute for the filing of
j such a bond; the petitioner was not in
| fact an heir of the deceased. Held, the
j decree did not assign the property on
! the condition that the petitioner was
I the sole heir. Such assignment was
| absolute, not conditional, and an in
| nocent purchaser from said petitioner
I under said decree is not estopped as
j against the true heir from asserting,
j title in himself.
| Sec. 4749 G. S. 1894 (passed in 1883) pro
| vides in substance 'that in all cases
I where a decree of distribution is en
; tered in the probate court without
j notice, any party interested.in the real
! estate it purports to assign may pro
| ceed by petition and on published
i nbtice to have a new decree entered
. ! assigning such real estate to the per-
I Ksbns entitled thereto. The decree of
} distribution .here In question was en-
I tared ;in ISG6. It did not appear on its
-face whether, or not it was .entered
'.Without notice, and for the purposes
-or this case it is conceded that such
! nbtice is jurisdictional. In ISSB, nearly
ftwenty-two years after the entry of
; gild decree, the true heirs proceeded
| under said statute to enter a second
j.dpcree and one ..was entered accord-
I ingly, purporting to assign said real
j estate to them. The statute was com
j -piled with in all respects. No personal
j nptice of the proceedings for the sec
j !»nd decree was ever given to those
I hblding the real estate under; the 'first
I ■ decree, though they resided in the state
j japd could readliy be found therein, and
I were actually occupying said real es-
I tate. - They never appeared in the pro
i ■ ceedings. *"
< Held, that the first decree. was valid
on its face, the proceedings in which
was entered had long ceased to be
pending for any purpose, and under a
statute thereafter passed the rights
of said parties under the first decree
could only be attacked by a new pro-
ceeding, * in* which the court acquired
jurisdiction anew; that the legislature
intended that such new proceedings
should in effect set aside.the first de-
cree; that this, new proceeding, so far,
it is new: to set aside this decree, is a
mere substitute for proceedings in per-
v sonam at common , law, . as _ adminis
tered in courts of equity and of com-
' mon law; that under the .constitution
-said j parties . were entitled to . personal
notice of the proceedings. as to them.
Notice by publication is not due process
of law -and the; statute, so far as it
, 'attempts to make such notice sufficient
as to such residents who can be easily
; ----.':■ .■?■■ ■.-: .-•:-■- ..'-7 .'.rmSSBK.
• found in j the state, is unconstitutional.
Order affirmed. " Z ' CANTY, J.
Macomb Sewer Pipe Company, re-
spondent, vs. Mary A. Hanley, appel
lant-; Where A. and B. jointly made
a mortgage In which A. covenanted to
pay the. debt thereby secured, and B.
alone executed the note . secured by
said I mortgage. Held, the ' party to
whom the promise in each is made does
not waive his right to- sue on one in-
strument to recover personal judgment
by reason of having brought suit on
the other instrument to recover, per-
sonal judgment. When an issue of
fact litigated by the parties in a former
action; was not one necessarily in-
volved in the determination of that
action, held, the judgment In that ac-
tion does not stop the parties as to
such issue of fact when raised in an-
other action for a different cause of
action. Judgment affirmed.
r.';::7; CANTY, J.
Joseph Bamka, respondent, vs. The
Chicago, St. Paul, Minneapolis & Oma-
ha Railway Company, appellant; ar
gued by appellant; submitt;d on briefs
by respondent. Z-Z'A s\
8 Anchor Investment Company, re-
spondent, vs. The Columbia Electric
Company et al., defendants, Brigham
Bliss, appellant; submitted on briefs.
Frederick W. Scheiber, appellant,
vs. The Chicago, St. Paul, Minneapolis
& Omaha Railway Company, respond-
ent; argued and submitted.
Attorney Woodruff Is Working
on . Lines Already Tried.
The work of selecting a jury in the
Burns case was not finished until noon
yesterday, and the afternoon was de-
voted entirely to the examination of
D. A. Monfort, president of the bank.
The examination progressed very
slowly, being constantly interrupted
by the objections of counsel. ,The cross-
examination was not completed when
court adjourned In the evening. Attor
ney Woodruff is evidently laying the
foundation to raise the same point he
did before Judge Egan— that the cvi-
dence does not bear out the allegation
of the Indictment that the defendant
received lawful money from the bank,
! but that he received a. check. His cross-
questions just before adjournment last
night were directed to this point- Fol-
lowing are the names of the jurors se
lected to try the case:
Christian Arzt, W. C. Dunply, Will-
iam A. Dawson, Thomas Brayden,
George H. Graves, John Fetsch, George*
W. Dorrley, Anthony Anderson, An-
drew W. M. Anderson, William Den-
ning,. Peter Gavin, George J. Bamford.
Court Holds Butchers' License
Law to Be Void.
1; The outcome of the habeas corpus
case of Albert Spangenberg yesterday
was the annihilation of the city or-
dinance imposing a license on deal-
ers in fresh meats and poultry. Span-,
genberg was arrested and fined $20 for
failure to comply with the ordinance,
and in order to make a test of its le
gality he refused to pay the fine, and
Walter Chapin, his attorney, got out
a writ of habeas corpus for his re-
lease. The case came up before Judge
Otis Monday, and yesterday he filed
an order for Spangenberg's discharge
on the ground that ."the municipal
court acted without jurisdiction in the
premises, the said ordinance not being
authorized by the city charter of St.
; Paul, and being therefore void." Dep
uty Corporation Attorney Oppenheim
resisted the writ.
It is probable that a demand will
be made on the city. for the return
of all the money collected for license
under the ordinance.
So W. O. Erlanson Petitions to
Have His Changed.
The question has often been asked,
what is in a name? It has always
been considered by most people a great
advantage' to have a good name, but
I others there are who maintain that a
poorer name with plenty money is
preferable, and. every now and then
one may be met with who will contend
that a bad name is a decided advantage
— especially in some lines of business.
But no one ever suspected that the
length of a name had anything to do
with a man's material prosperity— no
one until yesterday, when William
Oscar Erlanson discovered that the
length of his name was a drawback to
his business and filed in the district
court a petition for leave to change
it to William Oscar Williams.
Erlanson is the only local repre
sentative of a long list of descend-
ants from the same forefathers, all of
which he recites in his petition, giving
names, dates and places. But in spite
of this fact he has had to hustle for
himself ever since he was a mere boy.
He became a cook and is now pro-
prietor of the Rockaway restaurant.
He says his name is too long and
awkward; that it Is not suitable for
advertising his business to advantage;
that the boys have always called him
"Billy Williams;" that he likes that
name much better, and therefore wants
an order of the court to permit him to
retain it legally. »
The. Colored Man Who Entered
Room of Ketchell Sisters Ar
Huston Osborne, the negro who en-
tered the sleeping apartment of the \
Ketchell sisters a week ago Sunday
and was the object of a subsequent
sensational pursuit by a cowboy with
a pony and a man without trousers,
was brought up in the police court
yesterday morning for his preliminary
examination. The charge was burg-
lary, it being considered that this
charge could, under all circumstances,
be more readily maintained. The case
was continued until Saturday at 10
Freda Ketchell was put on the stand
and examined by Attorney McGhee,
who appeared for. the prisoner. She
made the same statement that has al-
ready appeared in the Globe, testify-
ing that Osborne seized her by the
threat and escaped when she made an
: outcry. ZPZZ-
But His Case Is Continued Until
Friday Afternoon.
Henry Staubitz was charged in 'the
police court yesterday morning with
having assaulted Mrs. Ferena Kohout.
The case was; continued until Friday
afternoon. Mrs. Kohout resides in the
rear of .242 Eagle street. There is an
, uncertainty as to the rightful pro-
prietor of the house she occupies. She
has always believed that Father Alfred
Mayer, pastor of the Assumption
Catholic church, was authorized to
receive her rent. .She has, therefore,
refused to ' pay Staubitz, who claims
to be the legal agent. Staubitz evicted
the poor woman Monday for non-pay
| ment of j rent, and "is alleged to have
further added to her misery by treat-
ing her and her babe in the most abus
ive manner.
'■.*-.'.■ CUT. THE , BANKER
Because He Refused to Produce
" the Coin for Checks..
John Lewis and Jasper- Harris were
shooting, a little game the other night.
"Jaspah" .was. the banker, and In that
capacity he ■ refused to cash for Mr.
Lewis ; a white chip "wuf two an' a
half cents." J Mr. Lewis . coudn't ■ stand
this repudiation, so he jabbed his pen-
knife - into . the , cheek .of Mr. . Harris. ,
| Judge Twohy, being convinced that Mr. ■
r Harris ' had related a true tale, fined
Mr. Lewl3 $25, with the alternative of
thirty days in the workhouse.
Lake Park Decided On After a
r'-; Long Straggle. ,
The annual outing. was the theme of
discussion at the regular monthly meet
ing of the Ramsey County Junior Pio
neers last evening, and the date was
finally set for Thursday, July .18," and
the place Lake Park, Minnetonka. This
was not done, however, till after a
discussion of nearly three hours, and
nearly every 'available place in the
state of Minnesota had Oeen canvassed.
Every lake and every outing spot was
proposed, but all were voted down and
so was . Lake Park. - This was finally
reconsidered- • and - j Minnetonka was
chosen. "Wildwood, White Bear * and
every lake in Ramsey county was voted
on and then Taylor's Falls, Lindstrom,
Duluth, Prior lake, down the river -on
a boat, Glenwood and every other old
place was submitted, but the choice
fell on the old favorite, where the Ju
niors have oft been Defore. The en-
tertainment committee, consisting of
R. H. Seng, Charles W. Spell and John
Sloan was enlarged by adding Robert
Eckford, ,Matt Jensen and Secretary
Dahl, and was given full power to
complete- arrangements. The affair will
certainly bo an enjoyable one, as the
Juniors have the reputation of giving
the most select affairs of this kind dur
ing the summer.
Considerable committee work was re-
ported on, and after this had been dis-
posed of, the usual resolutions of re
gret for the death of John W. Mc-
Namee were adopted and ordered
spread on the minutes and a copy of
the same forwarded to the relatives of
deceased .-• s"-j/f";
The social feature of the evening
was the furnishing of refreshments by
the newly elected city clerk. Matt Jen-
sen, and Martin Dreis presented the as
sociation with several volumes of the
history of St. Paul and a large picture
of the city beautifully framed. Julius
Schmidt rendered some selections on
the piano during the several recesses
that took place while the members
were trying to agree on a place for the
Following are the newly elected mem-
bers: Peter Springer, Daniel Ahem, T.
R. Flannagan, Samuel B. Larpenteur
and Peter M. Kerst- .
New Applications— Keller,
Charles Temme, John A. Bazille, Louis
G. Cook, Ben Brack and E. P. Sy
An Old Lady Going to See Comic
Opera hut . She Didn't.
Manager Wilbur, of the Wilbur
Comic Opera company, now playing
at the Grand in . Minneapolis, was
standing in the box oflice of that
theater the other day, when an elderly
lady appeared at the window and
asked for two seats for the perform
ance that evening. As the ticket seller
was making change for the lady she
remarked :
"I am going to please my daughter,
for I have never seen a comic opera In
my life, and she is determined I shall
tonight." ZZZZ:
As the old lady walked away with her
tickets Manager Wilbur remarked:
"If she thinks she's going to see
comic opera here, she's most damnably
mistaken. ' ______
Entertainment at St. Philip**.
A very enjoyable entertainment was
given last evening at St. Philip's Epis-
copal mission, 463 Rice street. The
programme comprised the following
features, and each number was well
done: V/
Ideal Mandolin and Guitar Club,
Soprano solo Miss Lizzie Kellum
Zither solo George D^vl3
Reading. Miss ; Fannle Dodd
Contralto solo Mrs. S. B. Christy-
Guitar selection W. T. Gassaway
Duet. .;............
Miss Hiesinger and Mrs. L. Lacote.
Basso solo Allen French Jr.
Cornet sole Thomas Morgan
Reading Miss Helen Mclvor
Mrs.. Christy and Miss Hattie Shepard.
Soprano solo Mrs. Josie Lev/is
Tenor solo C. A. Hughes
Miss Laura V. Roberson, pianist.
Cost Him Ten D.
John Hasslen has a carpenter shop
on St. Anthony hill and Harry Loman,
an attorney-at-law, has an eleven
' year-old boy on the same hill. Mr.
Hasslen does not love small boys when
they congregate and cavort about his
shop at one and the same time. They
did so the other day, and Mr. Hasslen
picked up a board and sallied forth to
scatter the youngsters. He succeeded
beyond a doubt, but it cost him $10, for
he allowed that board to descend upon
Master Loman's head. Judge Twohy
also required Mr. Hasslen to furnish
a $100 bond to keep the peace.
Horses! Horses! Horses!
The Banner Sale of the Season at
Midway Horse Market, Thursday,
June 13, at 10 a. m. We will have 300
head of the best lot of horses ever
offered for sale In the Northwest.
Trotters, Pacers, Saddlers and general
purpose horses. . We will also have a
large number of draft horses. Lumber
men and teamsters in want of large
horses should not miss this sale. Mid
way Horse Market, Cunningham &
Haas, Proprietors. ,
Cronkite Talks Silver.
Senator Cronkhite, of Argyle, was a
Clarendon guest yesterday. He has
been in Minneapolis for two days past.
He stated to a Globe reporter list
night that he canto over here simply
to meet his friend, Senator Hixson, of
Grant county, in a social way. He will
not return home until later in the
week. He declined to talk of politics,
though he did not hesitate to affirm
that he stood firm with both feet on
the free silver platform^ 'This' free sil
ver question," said he, 'is a matter
that, In my estimation, far exceeds
the tariff question in importance."
Cheap -Fares to Tonka.
A $1 ticket on the Great Northern in-
eludes railroad fare and complete tour
of lake on Navigation Co.'s steamers.
Connecting trains leave union station
8:55 a. m., daily, except Sunday, 9:35 a,
m., Sunday only.
■The -'Doctor Said
"1 had consumption and that it wns in-
curable. A friend recommended Hood's
Sarsaparilla and I took one bottle. It
helped me so that I continued taking it
and lam well. 1 advise every invalid
to take Hood's Sarsaparilla. 1 have
also found Hood's Pills a great relief
for biliousness and sick headache." ... W.
li. La.mii, Plain ville, Indiana.
If you decide to take
Hood's Sarsaparilßa
do not be induced to buy any other. ,7
Unnri'o Dilio easy to buy. easy to take.
nUUU 0 niid easy in effect. So.
17tii Semi-flnnual
John I Tlhitc
si li il II A
In f lis
UUil! II • iilU stun
& Co.,
Successors to Hale, Thomas & Co.,
Nicollet Ay. and sth St.,
Hold their Seventeenth Semi-Au-
liual Remnant Sale on THURSDAY;
week."* These sales are unquestion-
ably the most interesting trade
events which occur during the year.
These sales have now been held
regularly for nearly nine years, and
instead of losing interest, as is
usual with affairs of this sort, each
successive sale attracts more atten
tion and draws larger crowds than
the preceding one. The reason is
plain. The ladies know them to be
honest sales, great bargain events,
and plenty of goods, so that every
one has a chance to benefit by the
I low prices made. This year our sup-
ply of remnants and odds and ends
is unusually large, and we have
something to offer our friends in
nearly every department.
I. OUR FACILITIES for handling
a crowd are carefully perfected, ex-
tra clerks, cashiers and bnndlers
provided, and every detail arranged
so that our patrons will be waited
on promptly and with little incon
venience. Goods will be delivered
free in St. Paul and in the Interur-
ban districts, and we extend a cor-
dial invitation to our neighbors to
visit us ou these three days.
A Poriiol List ol What We Have
Remnants in Dress Goods.
Remnants in Dress Goods.
From a large nnd elegant spring line
we have remnants in abundance, our
best fabrics, choice colors and weaves,
among the lot a Dumber of handsome
Sk:i*t Lengths nnd Dress Lengths.
Remnants in Wash Goods.
I Skirl LeaeUka nnd Drefta Lengths.
Remnants in Wash Goods.
We bad a tremendous stock of Wash
Goods this spring, and we have n cor-
respondingly large number ol remnants,
[aggregating thousands of yards, Here
you will find Dress and Waist Patterns.
Skirt 1 engths, etc.. Nt such low prices
that they will astonish you.
White Goods Department.
I White Goods Department.
'In this department we otter our usual
excellent bargains in Table Linens,
White Goods, Organdie', Dimities, Dot
ted Swisses. Lawns, etc.
Remnants in Silks and
Black Goods.
i This department always has special at-
tractions for tbe Indies," and this year
will be as much so as Usual. There are
some splendid bargains to be bad.among
others some long lengths In Gblnu
silk*,, 1-' ana 15-yard pieces.
Flannel Department.
I Here is a substantial lot of goods,
which come In use nt nil seasons ot the
year. Wo have remnants In Ladies'
Cloths. French and Scotch Flannels,
Outing Flannels, Plain and Embroid
ered Flannels, in lengths suitable for all
Remnants in Laces and
Valenciennes Laces In 12-yard pieces,
25c. We have a larger number of rem
nants of laces and embroideries ihan
usual, and tbe ladies have a chance to
get some nice trimming for very little
Remnants in Dress Trimmings.
Remnants in Dress Trimmings.
At our trimming counter we lone some
choice pieces colored fancy trimmings.
I jet trimmings and some fancy buttons at
less than half the actual cost.
Odds and Ends.
In some lines we cannot give yon
Remnaals, but nevertheless we can
give you bargains, and we will call them
odds and ends— that is.odd lots and ends
of lines. Here they a:c:
Ladies' Hosiery.
About 2oo dozen fast black (lose, dou
ble toe. extra spliced heel: former prices
25c aud Sue; extra value, 15c.
Shirt Waists.
A large line, latest styles, best fabrics,
broken sizes and some odds and cuds;
former prices. SI and 91.29; 75c.
Some broken lines of Ladies' and CI 11
- Underwear, various dualities, will
be sold nt very low price*.
Muslin Underwear.
In this department we have about 200
pieces of underwear, some soiled or
shop-worn, which we offer at very low
prices. They consist of gowns, drawers.
skirts and corset covers. Also some
White Lawn Waists and Infants' and
Children's Dresses at greatly reduced
prices. ■ A.-':
Children's Muslin Hats
Children's Muslin Mats
And Itabv Caps, which have been selling
st g«, Sl.COnnd (i, for this sale 25c and
Gents' Furnishings.
Gents' Furnishings.
Inasmuch as we cater to gentlemen In
this department, it would hardly be fair
to have a remnant salt- and not give
them a chance. So we offer bargains in
Balbriggan Underwear, extoi value. at
extra low prices. Night Whirls, full
length, but short iv prices. Dress Shirts
a: prices that will enable all to dress up.
Gents' Half Hose, about 100 dozen, black
and coiors, for this sale 2 pairs for
Cloak Department.
Cloak Department.
This is last on our list, but you will
make a mistake it you stop before you
get to it. If you need n wrap of any
kind, now is your opportunity.
100 Jackets— Blacks and iiavys, last
season's styles, but large sleeves and
good shapes, former prices $3 to >.* >. $3
100 Jacket*— Similar to the above."
and which were sold at S3 to |13 each)
100 Cape*— All this season's . gar-
ments. in blacks and colors, One-Half
Off. . Al' ■■'': 'A':
Jackets— year's garments, a
choice lot. uone better anywhere. Dur-
ing this sale only. One-Third Off.
skirt*— A sample line in .Voire Satin.
Figured India Silks. Peau de Sole, Screes
and Crepons, for this sale only. Onp-
Third Off.
.Waterproofs— About 60 garments,
some broken lines which we have been
selling at .'31. '.."*) to B*l.l-0. for ..ids sale at
the uniform price of $2.00.
Beginning Thursday morn-
ing Next, June 13. "j

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