The Saint Paul globe., December 04, 1897, Page 8, Image 8

About The Saint Paul globe. (St. Paul, Minn.) 1896-1905

Image provided by: Minnesota Historical Society; Saint Paul, MN

                
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ill and Reefers at Cost. g=
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"*'t» We have an elegant line of entirely New Goods, *•••'»'•
••••f* und a particularly strong- stock of long garments ••••••
"101 l for children. We also are giving you a chance at ••••••
some 300 CLOTH JACKERS and BLOUSES at ••;...
30 to 50 Per Cent
•'•'«O ••••••
Discount From Regular Prices. S::~
■■'•«» ' ••••••
•••••• These are all high-class goods, in Kerseys and #•!•«
" c 32£ Rou-h Goods. Original prices SIO.OO to $38.50, ••••..
.'"••• prices now $5.00 to $20.00. If we have any in the ZW~
•<«e«# l ot to please you they are genuine bargains. You ©•••..
all know that when WE advertise a sale we do ••••..
i.c.c© just as we say. Use your eyes. Come and see JJ^';
••«*•© what YOU think. Compare with others. •••••>
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■ •90999 C 57 IK 4V%^ I^K^^^fe X 7 .
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Pull the Sclieffer Law.
T Smith released from the workhouse
last Saturday, after serving a ferm for drunk
enness was In the polico court for the same
offense. This being Smith's third appearanca
Mi a charge of drunkenness the Schofier law
Rill be usi-d with effect this morning, unless
Smith should Drove himself not guilty of the
charge.
Some Valuable Pictures.
The Son Line under many difficulties
hrive taken thirty-five photographs
showing life under all conditions en
route to the Gold Fields, from embark
ation to arrival at Dawson City.
These will appear in the "Klondike
Bulletin" jip a series in each successive
petition in shape of fine half-tone cuts,
and express better than words many
phases of a miner's life.
Send 6 cents (6c) in stamps and get
the whole set. Address W. R. Callaway,
G. P. A., Soo Line, Minneapolis, Minn.
Duffy's Sweet Cider, today, per gallon,
17c
10,000 Pounds of Poultry.
Fresh dressed Ducks, per lb.,
Young Turkey?, per lb.,
9 Cents.
Chickens, per lb.,
5 Cents.
Geese, per lb.,
8 Cents.
Fresh-water Herring, per lb.,
3 Cents.
Solid Meat Oysters (one quart makes two),
per quart,
35 Cents.
Good Ben Davis Apples, per barrel,
$1.50.
Geniton Apples, per barrel,
$1.75.
Good, sound Apples (not large), per bushel,
55 Cents.
Wo have a car of New York Greening 3,
Spies, Baldwins and Go.den Russets.
Fancy Ben Davis Apples, per barrel,
$2.50.
Crisp Celery, per bunch,
10 Cents.
Palmer House Java and Mocha Coffee,
per lb 23c i
Three lbs. best Java and Mocha Coffee
for $1.00 j
Bchoch's private growth Java and Mo
cha Coffee, per lb 40c
A fresh Importation of Godil'.ot's pure Olive
Oil. per bottle,
75 Cents.
B-lb. Caddy Uncolored Japan Tea,
$1.25.
E-lb. Caddy Gun Powder Tea,
$1.25.
Cranberries, per quart,
5 Cents.
10 lbs. Sweet Potatoes for
25 Cents.
Sweet Florida Oranges, per dozen,
25 Cents.
Silver Thread Sauerkraut, per quart,
21c
IS bars CuCuhy's Soap for
25 Cents.
Coal Scuttles, each,
15 Cents.
8 lbs. home-made Mince Meat for
25 Cents.
New Mixed Nuts, per lb.,
\2H Cents.
Sweet German Prunes, per basket,
25 Cents.
PUlsbury's Vitos is the best breakfast food
made. Prove this to your own satisfaction by
tasting a free sample at our demonstrating
table.
BUTTEIUND PROVISION DEFT.
B-lb. jars choice Dairy Butter $1.00
B-lb jars finest Creamery Butter !!$l!l0
Fresh Roll and Print Butter, per lb.'!.'.' 18c
Pure strained Honey, per lb „ ioc
Sage Cheese, per lb '" ig c
Strong Cheese, per lb ioc
Boi!cd Ham, sliced, per lb 20c
Sugar-Cured Hams, small, per lb '. 10c
Sugar-Cured Hams, large, per lb 9c
Salt Pork, per lb 6c
Fancy Summer Sausage, per lb 13c
Little Pig Sausage, per lb „ ioc
Home-rendered Lard, per lb 6c
Fine grated Cheese, per lb 15c
Swiss Cheese, per lb 12%@15c
White Clover Comb Honey, per lb "l^Uc
2 lbs. fancy Codfish 15c
Imported Anchovies, per lb „ lOc
New Holland Herring, per keg '..'.'.51.00
Salt Tongues, per lib 6c
Bmoked Halibut, per lb 15c
Smoked Salmon, per lb 12'^c
The Andrew Schools Grocery Go
Seventh and Broadway.
GOSTS GITY $8,000
DECISION OF THE SUPREME COURT
IN THE SUIT Or A. E.
BOWE.
SALARY REDUCTION IN 1895
WAS IX VIOLATION OF THE SPIRIT
OF THE SPECIAL LEGISLA
TION CLAUSE.
WILL OFFICIALS GRAB IT ALL?
One of Them Thinks the Fraternity
Will Be Too Modest to Claim
Hack Pay.
The supreme court yesterday decided
that ex-Assistant City Attorney Bowe
is entitled to his salary at the rate of
$1,200 a year during his time of service,
the 1895 law authorizing St. Paul's city
council to fix salaries being knocked
out.
The decision, by Justice Canty, Is
applied only to this office, however,
and, in the opinion, it is expressly
stated that the law is not unconsti
tutional simply because St. Paul hap
pens to be the only city in that class,
but because it is an alleged general
law, passed on special legislation and
liable to become special In its effect,
and then it would be unconstitutional,
and it is held that a law which is lia
ble to become unconstitutional is so
at the time it is passed. A law can
not be held constitutional today and
unconstitutional tomorrow, or at some
future time. It is stated that the act
is not complete in itself, but refers to
the St. Paul charter, a special law,
for limitation upon the powers of the
city council. That charter fixes the
salary at $1,200, while trie attempt was
to reduce it to 1,080. The court ex
pressly states that it is not called
upon to consider whether the law is
void, as a whole or in part, as applied
to the other offices. The office of sec
ond assistant city attorney is not of
the law, wherein other offices are
enumerated. The syllabus of the de
cision says:
First— Held, as applied to the office of sec
ond assistant attorney of St. Paul, chapter
242, Laws of 1895, is special legislation, and
is unconstitutional and void by reason of its
being based partly on special" legislation so
as to render it special in its operation and
effect: and it gave the common council of
St. Paul no authority to reduce the salary
attached to that office below the amount fixed
by the city council.
Second— The plaintiff accepted that office
after tho city council had so attempted to
reduce the salary of the same and received
his salary at the rate to which it was so at
tempted to be reduced.
Held, he is not thereby estopped from
claiming the balance of the salary as fixed
by the charter. The order of the district
court awarding Mr. Bowe pay at the rate
of $1,200 per year is affirmed.
The decision means that from $8,000
to $10,000 addditional will have to be
placed in the city officers' salaries fund
LULEY
382 Jackson Street.
CHOICE MEATS-
Turkeys 12ic
(Just receivaH.)
Little Pigs, each $2.50
(SiOO kind.)
Little Pigs, pound 12ic
(Cut in roasts.)
Fancy Pig Sausage \ 2|o
(The 18c Breakfast.)
SOc Ox Tongues, each.. . . 35c
(Fresh or Pickled.)
Philadelphia Scrapple 12^C
15c Mince Meat 12io
(Mother's home-made.)
Fresh Pork Roast, pound Oc
(Choice cuts, 7c and Be.)
Mutton . .' 6o
(Good to stew.)
Trading Bank Checks
Given Today.
F. W. LULEY & SON,
382 Jackson Street. •
Telephone 220.
THE SAINT PAUI, GLOBE: SATURDAY, DECEMBER 4, 1897.
in the tax budget for next year. The
legislature of 1895 passed a law allow
ing the city councils of cities of not
less than 100,000 or more than 165,000
to fix the salaries of city officers as
soon as the terms of the present in
cumbents of the offices had expired.
Under thi3 law the council reduced
the salaries of all the heads of de
partments from 20 to to 10 per cent.
Those affected by the reduction were
the city clerk, city engineer, members
of the board of public works, city
treasurer, chief of police, judges and
clerks of the municipal court, city at
torney and three assistants. The su
preme court having affirmed the de
cision of Judge "Willis, who held in the
Bowe case that the law was unconsti
tutional by reason of its being special
legislation, those of the city officers
affected by the reduction resolution
can, if they desire, get back pay at
the rate allowed them by the charter.
It was stated yesterday by one of the
city officials that, perhaps, none of the
city officials would have the nerve to
ask for a refund at the old rate. This,
however, is mere conjecture and very
improbable. City Comptroller McCar
dy, asked about the amount due the
city officer who suffered by the reduc
tion, said about $8,000 would be requir
ed to pay the difference and this
amount would probably be placed in
the tax budget for next year. It was
not necessary, he said, for the city of
ficers to draw differences in salaries
unless they felt like it.
STOCK WAS WATERED,
Though the Device Was an Electric
Heater.
In the suit of Thomas Wallace Jr.,
appellant, vs. the Carpenter Electric
Heating Manufacturing company, re
spondent, Wallace brought suit
egainst the company to compel the
stockholders to pay a judgment of over
$5,000, on the ground that it was fraud
ulently stated that the stock was all
paid up, when, in fact, it was not.
It appeal's that the Carpenter com
pany was stocked for $400,000. It sold
out to the American company, and
then later a man named Nevins en
tered into a deal with one George Finn,
by which they were to form a corpora
tion. Nevins, as his share of the capi
tal, was to put in several inventions
on which he held patents, against $5,000
in cash held by Finn, and they were
to assume control of the corporation.
Ntvins was to have $100,000 of the
stock and Finn $150,000.
The supreme court holds that the dis
crepancy between the par value of the
stock and the amount paid for it was
so great as to warrant the assumption
of fraud.
The chief justice in deciding this j
case makes some interesting rulings
with regard to watered stock. It is:
Held, following Hospes vs. N. W. Mfg. Co.,
43 Minn., 174, and Hastings Malting Co. vs.
Iron Range Browing Co., 65 Minn., 28, that
the original holders of bonds or watered
stock of a corporation issued as paid up, and
their transferees, with notice, will, in case
of the insolvency of the corporation, be
charged in favor of a creditor who became
such after the stock was issued, with the dif
ference between the par value of the stock
and the amount paid the corporation therefor,
to the extent necessary to satisfy the cred
itor's claims.
2. Section 3415, General Statutes 1894. con
strued and held that it does not authorize a
manufacturing corporation or any other to
issue its stock as fully paid up and sell the
samp for less than par and on such terms as
its directors deem advisable.
3. In an action by a creditor to collect his
judgment against an insolvent corporation
from the holder of bonus or watered stock is
sued as paid-up the burden is on such holder
to show that he acquired his stock bona fide
without actual notice of the facts making: its
issue fraudulent as to the creditor, or that he
purchased his stock from a bona fide trans
feror.
4. Held, that the facts found by the trial
court entitled the plaintiff herein to the equit
able relief asked.
Justice Canty filed a separate concurrence
in this case.
BARBARA JOYCE WINS.
Her Street Railway Damage Verdict
Held Not Excessive.
The court affirms the verdict which
awarded Barbara Joyce damages in the
sum of $1,000 for injuries sustained by
falling from the trailer of a Como car.
It was claimed by the plaintiff that
s<he boarded the car while it was
standing still at Tenth and Wabasha
streets. She was the last one of a
crowd to step onto the platform, and
as she did so, she asked the conductor
if that was a Rice street car. He re
plied that it was a Como car, and she
says she attempted to step off, when
the conductor gave the motorman the
bell, and the car started, throwing her
to the pavement.
The court states that there is con
siderable evidence to show that the
woman stepped aboard the car, after
it had started, but it Is not conclusive.
The verdict for $1,000 is also stated to
be large, but not so excessive as to call
for interference, on the part of the su
preme court, and the order of the
lower court, denying a new trial, is
affirmed.
The syllabus follows:
Barbara Joyce, respondent, vs. St. Paul City
Railway Company, appellant.
In an action for negligence resulting in
injury to the plaintiff when about to alight
from a street car, held:
1. The evidence supports the verdict.
2. The answer to a certain question put
to an expert witness did not invade the pro
vince of the jury.
3. The verdict is not excessive. Order af
firmed. — Canty, J.
HOLDS TOLTZ A PARTY.
Properly Named am Defendant in the
Bickel Bank.
A decision of more than usual in
terest in view of the pending litigation
filed in the district court was handed
down yesterday, in the case of A. W.
Dimond vs. the Minnesota Savings
bank and Max Toltz, Toltz being the
respondent. While Toltz was not
named as a defendant in the original
suit, the plaintiff's counsel found that
he was, as they thought, at least, a
member of the banking institution and
served him with summons in the suit.
The supreme court holds that Toltz
was liable to such service and properly
a party to the suit.
The syllabus follows:
A. \V. Dimond, appellant, vs. Minnesota
Savings Bank, respondent.
G. S. 1894, S.- 5177, providing that when two
or more persons are associated in business
under a common name they may be sued
by such name, construed and held, that it
ts not necessary to state the individual names
of the associates in the complaint, and that
the complaint herein states a cause of ac
tion. Order reversed.
—Start, C. J.
TRI'ST CONCERN ASSETS.
Their Disposition Directed by the
Supreme Court.
The supreme court also renders a de
cision in which it untangles many of
the difficulties in which the Northern
Trust company, of Minneapolis, has
become involved. In 1896, G. E. Max
well, who, as receiver of a corporation,
had deposited funds with the trust
company, brought suit to have the as
sets of the trust company sequestered
for the benefit of the creditors. W. N.
Carroll, who was receiver of another
corporation, asked leave to file a sup
plemental complaint to enforce the lia
bility of stockholders. Then Lincoln,
a third receiver, entered a protest
against allowing Carroll to conduct the
proceedings for the enforcement of the
double liability on the ground that, as
a stockholder in the trust company, he
was an improper person to bring such
an action. The decision of the lower
court is affirmed.
The syllabus of the decision is:
In re-receivership, etc., Edgar B. Lincoln,
assignee, appellant; vs. Walter N. Carroll,
Rec. Impleaded, respondent.
In an action brought by a creditor under
Ch. 76, G. S. 1894, to sequester the assets
of an insolvent corporation, another creditor
who was also a stockholder, filed by leave
of court a supplemental complaint against the
stockholders.
Held, the last named creditor being him
self a stockholder. Is not a proper person to
conduct the proceedings in behalf of the
creditors against the stockholders, whether
he holds the stock In his own right or as
trustee for another.
But. held. If his supplemsntal complaint is
sufficient, It and all the proceedings under
it, should not be set aside after the stock
holders have been served and have become
parties to it, as it then becomes the com-
The Royal is the highest grade baking powder
known. Actual tests show it goes one
third further than any other brand,
POWDER
Absolutely Pure
BOYAL BAKIWO POWDER CO., NEW YORK.
plaint of every creditor wh% files his claim,
and the subsequent general management on
behalf of creditors, so far as any such
management is necessary, can be taken from
the creditor nrho filed the complaint and given
to some other creditor competent to conduct
the proceedings.
Held, further, if the creditor who filed the
complaint does not properly or truly state
his liability as stockholder, some other credi
tor may, with leave of court, file a cross-bill
against him covering that point. Ordsr af
firmed. —Canty, J.
Four Other Decisions.
Other decisions handed down by the su
preme court yesterday were:
In re assignment of Mads A. Mossefln et al.,
insolvents; Lewis Ellington, assignee, etc.,
respondent, vs. Mullen & Co. and W. B.
McKenzie, creditors, appellants.
Held, following in re Bird, 39 Minn. 520,
and in re Fuller, 42 Minn. 22, that the deed
of assignment in this case created a trust for
the benefit of all the assignors' creditors,
whether they released their claims or not,
and that the trial court erred in making It
a condition to the right of creditors to share
in the assigned estate that they release their
claims. Order reversed. — Start, C. J.
John C. Johnson et al.. Co-partners as John
C. Johnson & Co., appellants, vs. Schulin,
Linden, Lindberg & Co., respondents.
1. An objection to the admission of evi
dence to be available must direct the atten
tion of the trial court to the precise ground
of objection urged on appeal.
2. For the purpose of establishing the ex
istence of a corporation de facto oral testi
mony, not purporting to give the contents
of corporate records or documents, tending
to show that after an attempt to organize
a corporation by the execution of articles pf
incorporation the supposed corporation he.d
meetings, adopted by-laws, elected officers,
who acted for the corporation, issued stock,
and did business ac a corporation, is admis
sible without producing the corporate rec
ords or accounting for their loss.
Held further, that it was not error to per
mit the members of the association to testify
that they never claimed to the plaintiffs that
it was a partnership, but did «laim that it
was a corporation.
3. Held, following Finnegun vs. Noeren
berg, 52 Minn. 239, that a de facto corporation
exists where there is a law authorizing the
creation of a corporation, an attempt to or
ganize a corporation pursuant to It, and
user as a corporation under such attempted
organization. A substantial compliance with
the law is not necessary to the existence of
a corporation de facto, but there must be a
colorable compliance with it, followed by a
user ac a corporation of the rights which
the parties believed and claimed were con
ferred upon them by the attempted organlza-
Held, that the evidence was sufficient to
sustain the verdict. Order affirmed.
—Start, C. J.
Charles N. Gunnison, appellant, vs. United
States Investment Company et al., defend
ants; Swan J. Turnblad. respondent
Section 2599. General Statutes 1894, con
strued and held that a shareholder in a cor
poration cannot affect his constitutional lia
bility for the prior debts of the corporation
by a bona fide sale of his stock to a solvent
party and a transfer thereof on the books of
the corporation. Judgment reversed.
— Start, C. J.
W H Towle, substituted as special admin
istrator of James Traeey, deceased, ana
Minerva Traeey, respondents, vs. George J.
Shorer et al., appeiiaiUs.
When the former existence of a lost deed
is denied, the evidence to establish it must
be strong and satisfactory .
Held the evidence in this case is of that
character and sustains the findings of the
trial court. - '• ■ ' '
In an action to establish a lost deed. It is
immaterial that the deed was made In pur
suance of an illegal or non-enforceable con
tract at least, unless the deed was voidable,
e V n ia? a iX I SSS. i aer.l Statutes 189..
if a party to the action has interest enough
in the controversy to be a proper party, he
cannot testify as to conversations with a de
ceased plrsoV %yen though such interest
may be merely contingent and uncertain.
3" Held secondary evidence of the alleged
lost deed was, under the circumstances, prop
"lf A^ou'n to strike out a part of an
answer to a question, without Indicating
what part and without stating any ground
of the motion where no ground existed ex
cept that it was secondary evidence, was
oroperlv denied.
t Held a certain ruling was error with
out prejudice because the answer to the
question objected to, was not of an objec
tiO 6 na The C S-i r ons of a party against his
interest are competent evidence against him
even though his Interest is contingent or
Un 7 Cei He?d not error to refuse to allow a
witness to be impeached as to an immaterial
m ß tte where an objection to evidence is taken
on one ground, an assignment of error on a
different ground, held, not well taken.
9 and 10. Other unimportant rulings dis
posed of. Order affirmed. C. J.
$7.00 TO MILWAUKEE AND CHI
CAGO
Via "The Milwaukee,"
r^rriTnencing Dec. Ist. Secure tickets
Commencing^ p
Robert street, or Union Depot, St.
Paul. .. ,
Pleaded Guilty to Vagrancy.
ToseDh Mcßride and William Nolan wrre
before Judge Orr yesterday, chorged with
vaLraitcy Things were evidently coming a
mtle rocky for them for both pleaded guilty
n the "charge and were highly pleased when
the court sentenced them each to thirty days
in the workhouse. ;
TO CURE A COLD IN OXE DAY
Take Laxative Bromo Quinine Tablets. All
druggists' refund money if it falls to cure 2oC
The genuine has L. B. Q. on each tablet.
L, EISENMENGER
MEAT COMPANY.
At the Head of Eighth Street.
A fete hints to the economical housekeeper
for Saturday.
Dressed I'oting Geese 8c
Dressed Young J>m«V« 8c and lOc
Sugar-cured Picnic Hams 6c
Pig Fork Sausaje, our own. manufac
ture (this has no equal) ISVae
Choir,; Hamburger Steak 1 0c
Choice Loin Roast Pork 7o
FreshPigPork Shoulders 6c
50-lb. tin of Pure-, Kettle- rendered
Lard, our own rendering $3.00
Smoked Ox Tongaies?each 60c
Dressed U ray Rabbits, each 16c
Large Jack Rabbits, each 30c
Good Rib Roast Beef > lOc
Calf Brains, Xfcef Hearts, Ox Tails, Ten
derloins, Spare ißibs, Pigs' Heads, Pigs'
Feet, Leaf Lard, etc*
PURE SAUSAOE.3 WHOLESOME, OUR
OWN! MAKE.
Solid STeat Oystets, per quart 35c
BOJTITER.
A choice lot of 5 and, 10-lb. jars. This
is a very fine lot of Butter, and
0n1y.... 160, 18cand2Oo
5-16. jars Fancy Dairy, from regular
shippersonly 23c
This Butter Is equal to the Fancy Creamery
sold elsewhere.
Silver Medal Creamery, none better
made ■ 25c
Good, Fresh Eggs only 16c
Our Fancy Premium Swiss Cheese only. 1 60
Fancy Brick Cheese 12':c
455WabasbaSt.
TELEPHONE 143.
SPEfIT IT OH SLIPS ;
ABSENCE OF CONGRESSMAN STE- i
YENS THREW THE DICKEL
CASE INTO PAPERS.
HEINLEIN ON THE STAND.
IDENTIFIED DEBIT SLIPS, SIGNA
TURES AND OTHER MATTERS
OF BANKING DETAIL.
FACT OF STEVENS' DEPARTURE
Led Pierce Butler to Strongly I'rge
an Adjournment, bnt Judge
Levels Denied It.
The most interesting development of
the Bickel case came to light yester
day morning very soon after Judge
Lewis ascended the bench. Congress
man F. C. Stevens had left the city.
He was on his way to the national
capital, notwithstanding the subpoena
of the day before requiring him to be
present in court at 10 a. m. When the
fact of Mr. Stevens' departure from
the city was formally announced, it
created little surprise, as it was rumor
ed the day before that Mr. Stevens in
tended to leave St. Paul en Thursday
night.
Mr. Butler did not miss the oppor
tunity of scoring a point for the de
fense. As soon as court opened, he
asked that Mr. Stevens be recalled for
cross-examination. It was thought by
some that Mr. Butler had concluded his
cross-examination of Mr. Stevens the
day before, when he remarked that no
more questions occurred to him to ask,
but when he asked that Mr. Stevens
be called again the court so instructed.
In vain did Deputy Clerk Sundberg
call "F. C. Stevens, F. C. Stevens."
Equally unavailing were the shouts of
Bailiff Jansen down the corridors. Mr.
Stevens, being in Chicago, could not
hear them.
Mr. Butler produced the subpoena
served on Mr. Stevens, anS in response
to his request the court issued a writ
of attachment directed against the per
son of Mr. Stevens to compel his at
tendance in court, and directed the
sheriff to serve it. An hour later the
sheriff returned the attachment with
the indorsement that he was unable to
find Mr. Stevens in the county. Every
one in the court room smiled signi
ficantly.
In the meantime County Attorney
Anderson had recalled Edward Hein
lein to the stand.
Mr. Butler objected to the introduc
tion of any testimony until the de
fendant was permitted to cross-exam
ine Mr. Stevens.
The court offered to adjourn for a
reasonable time, till the attachment
was returned by the sheriff. This did
not suit Mr. Butler, who asked for an
adjournment until Mr. Stevens was
brought Into court.
The court denied the request and
the trial proceeded.
Mr. Butler, wanted the record clear
on the point, and made a statement,
for the minutes, to the effect that the
court convened at 10 o'clock; that Mr.
Stevens was called for cross-examlna
ticn; that an attachment was ordered
issued; that, thereupon the state was
permitted to call another witness
against the objection of the defendant;
that, in point of fact, no attachment
was issued and no return made.
The court stated that the clerk had
been directed to prepare the attach
ment, and he supposed it had been so
prepared. He did not think it right to
delay the court an unreasonable time
to await Mr. Stevens. After consider
able sparring between Mr. Butler and
Judge Lewis as to their respective po
sitions, Mr. Anderson took up the direct
examination of Witness Heinlein. A
check was handed to Heinlein. and he
was asked to identify the handwriting.
Mr. Butler objected, on the ground that
it was improper to receive any testi
mony pending that to be given by Mr.
Stevens.
Judge' Lewis said that Mr. Stevens
would be called when he arrived in
court.
The witness said the check was in .
Mr. Bickel's handwriting.
Check after check made by Bickel
were shown witness in the same way
and identified as in Bickel's handwrit
ing.
When the Stevens attachment was
brought into court, Mr. Butler renew
ed his objection to the introduction of
any testimony till Stevens was pro
duced.
The court stated that Mr. Butler had
said the night before, that the defense
had no further questions to ask Mr.
Stevens; that the defense had requested
to be allowed to cress-examine Mr.
Stevens this morning, and he had
granted the request. He did not think
that under the circumstances he was
justified in stopping all proceedings.
Mr. Butler made some observations
as to the court's statement for the re
cord, and once more the trial was re
sumed.
Exhibits 20 to 55, being checks in
amounts from 51 to $500, were shown
the witness who identified the hand
writing as that of the defendant. Tho
defense contented rtself with objecting
to the several exhibits, and checking
them up on a copy of the bill of par
ticulars.
Mr. Anderson — What was said by
Bickel to you with reference to your
charging on the debt slips any other
checks than his own from time to time
as they came in and were paid?
Mr. Heinlein — Nothing particular was
said, except that the checks were
shown him and he said that they were
all right.
Mr. Anderson — What did he say as
to where the checks were to be paid?
Mr. Heinlein — They were to be paid-
that's what he said.
Mr. Anderson — What did he say with
reference to where the items were to
be charged when paid?
Mr. Heinlein — He said nothing to me,
Mr. Anderson — Do you know of your
own knowledge if Hazel M. Bickel had
an account in the bank between No
vember and January 18, 1896.
Mr. Heinlein — She had none.
Mr. Butler was permitted to test his
means of knowledge by cross examina
tion. To him, Heinlein stated that the
Bickel children had savings accounts
at the bank and that he had nothing
to do with the keeping of the saving
accounts. He could not tell whether
Mrs. Bickel had a savings account in
the bank or not.
Mr. Anderson — Then in your answer
to my question you meant that Mrs.
Bickel had no open account?
Witness — Yes, sir.
Mr. Anderson — When money was de
posited on savings accounts who re
ceived the deposits and made the rec
ords?
Witness— l did.
Mr. Anderson — Have you any recol
lection of Mrs. Bickel opening an ac
count at the bank or making deposits
of money?
Witness— She did not to my knowl
edge.
Mr. Anderson — To your knowledge
what, if any, money was ever drawn
out by defendant's wife and paid out
to her by you on any savings account?
Witness— Not any. •
The state produced a large bundle
of checks in the handwriting of Mr.
Bickel, and one by one exhibited them
to tie witness, who identified the
handwrting.
Mr. Anderson— Tour honor, I wish to
make a statement with reference to
these exhibits that may save time.
Mr. Butler objected to any state
ments or promises being made in the
(Silk Headquarters of th« Worthwest.) Globe— l2-4-J7. I 1;
SIXTH AND ROBERT STS., ST. PAUL.
Children's Day all over the great store, but particularly so <!
in the Cloak Department. For the first Saturday in Decem- !
ber we have arranged a showing- of Children's, Misses' and La- !
dies' garments that will crowd the second floor as it was never '!
crowded before— that is, if you appreciate the biggest bar- <
gains ever offered in St. Paul. J
MISSES' JACKETS. All the known fabrics, made ia I
80 of them, different coloring-s, *J e very latest st y le - »"<* made for \
kinds and fabrics, every one made l he Mmn esota winters— (J»A *r i
with hig-h storm collar, some fur- 113 -|° and Sls - 00 values, AM,/!)
trimmed, made for cold rt»* rjr Saturday V
winter wear, good 56.50 \\ I") CHILDREN'S JACKETS.
j| and $7.00 ones, for ?3<50 Jacketg fof %2QQ ;
Excellent Winter Jackets, good -Jj? I™*** fof $ 3 00
heavy fabrics, all coloring-s, many - 6 -- 0 Jack ets for $4.00 i
fur-trimmed, every one~jff>/ «r $8.50 Jackets for S3. SO '
Wash Goods Department. Hosiery and Underwear.
Extra SpSGial— 3,000 yards of CATi!»n.v corftlllß
the best Outing Flannel, regular SATURDAY SPECIALS.
price 10 cents a yard. For / 17cfor Women's good weiHit !
Saturday, from 10 to 12 UC. fleeced Vests aud Pants.
o'clock vw j.^ r „. '
■Nt v x j - ISC tor U omen's '-wool-fleeced '
None sold to dealers and no tele- Vests and Pants
phone orders filled. oo . __ '
) MoC tor Women's &-wool or
j! " heavy Balbriggan Oneita Union i
J Linen Department. «s'i6n* w , -. ;
< v »«fSO for Women's $4.50 j^-wool i
\ Saturday Specials. Ypsilanti Union .Suits. \
'\ Extra Larg-e Bath Towels, un- 51. 50 for Women's $2.00 All- !
) bleached, double thread, a|Q Wool Tights. i
good thing for 2Sc. \\C 25c for Children's 35c Wool Hose
Saturda y V 490 for Children's best English
Check Glass Toweling, 18 Q Cashmere, double-knee, good wear- i
inches wide, a 12/^c quality, f\Q ing dress Stockings.
for Sole agents in St. Paul for Dr.
Jaeger's and the celebrated Ypsi- '
Fancy Goods Specials. lanti Union Sait3 and Tights
sterling silver Hair m| aq Great Millinery Reductions.
Brushes, handsome de- Jtl W/l
signs. Special, each... V«/VJ Oar entire line of Ladies' Walk- |>
Vf n ~r ' t<3i- a-i lt , Vl in S Hats at HALF-PRICEJ. Also
RogerV IB4r Silver-plated Nut an el t assor tment of Fancy '!
gjSsgsa $1.39 aS£SS2£SS ::
special, per set eltieß( are to be sold at much lesa '
Real Ebony Articles— To intro- than cost. I 1
duce our magnificent assortment, Hats that were $5 and $3 !
we offer genuine Military AQ^ will be «•> O«
Hair Brushes, pure bristle. UNr w V\u
Special, each /UV Hats that were - 10 -°0
Beautiful &£* "Decorated 0 ™« *fj° Wi " b ! "J * 4 " 98 !
ji Special for Saturday only:
\ Take Luncheon With US. Children's Napoleon Hata, red, I
; brown and blue; former /)£
c Avail yourself of the opportunity prices, 75c and SI. OO. Z»C
i to attend the Cooking Lesson at our Special "*'•
) store Saturday, and relieve the fa-
I tigue of shopping by partaking of ~j»~t , • -, • x *
5 a dainty-luncheon, which is served « choos.ny Christmas Gifts
S gratis to our lady patrons. to send to fnends they should be
I ° _ m « selected from a stock of th© best, i 1
> Saturday Menu-U ft a.ni. to 4 p.m. We carry the best of «terliug Sil-
J Soups— Vegetable. French Bouillon. ver, Ebony Articles, Cut and Deco-
J ,=■,,, „ Pickle«. rated Glass, Bric-a-Brac, China,
I Sandwifihes— Potteil Chicicen, Potted Ham, T Tah]pc p.,.. .' . ' i
\ Meuts-Boned Chicken. Jelly. Lamps, lables, Cabinets, otatit- (
/ Baked Beaus, Tomato Sauce. Mince Pie. ary, etc. >
presence of the jury. There had been
altogether too much promise and too
little performance.
Mr. Anderson — The defen.se will see
before the state finishes that every
promise made will be fulfilled.
"In a statement made to the court,
after objection by defendant, Mr. An
derson stated that he would show that
Hazel AL Bickel never had an account
at the bank; that she drew checks in
large amounts on the bank, payable to
different persons, and that these were
thff items which the witness said
Bickel told him to have charged on the
debit slips.
Mr. Anderson continued identifying
tho checks of Hazel M. Bickel, after
the noon recess, through Witness Hein
lein. Mr. Butler took exception to ex
hibits' identification, and was over
ruled by the court. There were twen
ty-six, of the Hazel M. Bickel checks
produced by the state, the amounts
running as high as $135.
After the state reached its eighty
seventh exhibit, which was a memo
randum slip upon which the amounts
of the defendant's checks were entered,
Mr. Butler again interposed his objec
tion to the witness testifying concern
ing the transferring of the totals from
the memorandum slip to the debit slip
in tHe cash drawer.
The county attorney explained that
there were three things that entered
into the transaction. First, the checks
that the defendant drew and which
were paid; second, the memorandum
slips upon which the totals of the
checks were entered, and the debit
slip in the cash drawer to which the
.totals were transferred. The state con
tended that it was not necessary to
offer all these checks and slips in evi
dence before the witness could be
questioned concerning them.
Mr. Butler insisted that the witness
could not identify the memorandum
slips showing the checks paid, nor tell
the dates on which they were paid, and
therefore was not a competent wit
ness.
Mr. Helnlein, in answer to the coun
ty attorney, said that he had no recol
lection of making out any memoran
dum slip containing that particular
amount other than that slip shown to
him. On cross-examination, Mr. Heln
lein admitted that until the slips were
shown to him in the trial, he did not
remember having made out those slips,
that is as to the figures and amounts.
The witness, according to his., best
judgment, transferred the total from
the memorandum Blip to the debit slip.
As the checks came in he pinned th.-m
to the memorandum slip.
The state continued questioning the
witness concerning exhibits 88, 89, 90,
91 and 92, which consisted of memo
randum slips, and debit and credit
slips. Mr. Butler reiterating his ob
jections to the testimony, on the
ground that the witness was not com
petent to testify concerning the same.
At 5 o'clock court adjourned until 10
a. m. next Monday, with Mr. Heinlein
still on the stand.
To Cbiea&O for $7.00
On the famous North-Western Limited.
Secure tickets at 413 Nicollet avenue,
Minneapolis.
395 Robert sfraef, St. Paul.
And Union Depot in both cities.
Had Been Punished Enoufiii.
James Desmond, a youth, charged with
stealing an apple from an Ea3: Third street
dealer, was. discharged by Judge Orr In :h3
police court yesterday. Desmand, on the oc
casion of his trial, several days ago, admit
ted taking the appic, but tor some leaacn the
case was continued until yesterday. Judge
Orr took the fact o* his having baeu kept 111
jail into consideration and dismissed lha lad
with a reprimand.
Chopping Rules.
Maple Leaf Route makes a rate of
$7 to Chicago Dec. Ist and proportion
ate reductions to points beyond Chica
go. Chicago Great Western office,
Fifth and RobeTt sts., J. P. Elmer, C.
P. and T, A.
To Chicago for 97.00
On the famous North-Western Limit
ed. Secure tickets at 395 Robert
street. St. Paul; 413 Nicollet ny
Minneapolis, and union depots in
cities.
MARRIAGES, BIRTHS, DEATHS.
MARRIAGE LICENSES.
Petor J. Garvey Mamie Folt
Joseph Tarneskl Amanda Prey
Charles E. Carlson [da Peterson
BIRTHS.
Mr. and Mrs. Hugh Morrow Roy
Mr. and Mrs. John Swanson Girl
Mr. aiifl Mrs. Edward Johnson Hoy
Mr. und Mrs. Otto Bohrer Hoy
Mr. and MrH. Gustaf Meyer Hoy
Mr. and Mrs. John Calvin 'Uoy
Mr. ond Mrs. Frank ('odgclow Hoy
Mr. und Mrs. Frank Blake Hoy
M.r. and Mrs. Frank Schwarz boy
DEATHS.
Raby Peters, •IS." Armstrong 3 days
Francis H. Dayton, Arion, Mien 53 yra
Mrs. H. Sheldon, 681 Sims strevt 80 ) ra
Michael Martin, St Joseph's hospital
Win. (i. Rinker, rity hospital 15 yrs
Nlc Wagner, 16 College ay 74 yra
DIED.
IVENS In St. Paul, Minn., Dec. S, 1897, at
family residence, No. 595 Selby avenue,
Ann;. M.. wife of George H. Ivens, ai
years. Funeral Sunday, the oth inst., at 2
o'< lock p. in.
BAYER— In St. Paul. John If. Bayer, at his
late residence, .'ill Summit place, Saturday.
])<•<•. "T 12:05 a. m.. aged -H years. Noti''O
of funeral lierrafter.
BRENNAN— In St I'aul, on Dec. 3, at St.
Joseph's hospital. William F., youngest son
of Thomas and Mary Hrennan, aged 17
years. Notice of funeral In-n-aft'-r.
AMUSEMENTS.
GRAND. ;J2
TSi?!fiHT, 1492
LfiST TIMES OF 1492
THE 1492
ELECTRICIAN "•■
TOMORROW 1492
R2IGHT 1492
METROPOLITAN. L Mffi"'
MATINEE TODAY,
RIP VAN WINKLE,
Tonight Last Time,
CRICKET ON THE HEARTH
and LEND ME FIVE SHILLINGS.
Sun lay, Dec. 5— Lockhnrfs £J»nba:i!.s
Monday Dec. D— "Pflaonei ofW.-nda."
PEOPLES GHURGH.
Saturday Matinee. 2:30 p. m.
Saturday Eveniu;;. 8 p. m.
ANTHONY HOPE
"A PRISONER OF ZENDA,"
Phroso, Etc., Efo.
..AUTHOR'S RECITALS..
Tv« Liioirii » Ren«attou or
tl: tear.
Sent* now Bellluafti Howard, Fftrwc't A Co.'a
Pot ulur ;uicv§ — Maimco 6Ce, Evening *o»n.»
760,