The Saint Paul globe., January 27, 1898, Page 8, Image 8

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

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

                
8
MuslGal Merohandlse
At a Sacrifice.
To reduce our stock before taking- inventory February Ist,
we shall offer every article in our store at greatly reduced
prices for the balance of the week.
A FOUR DAYS' SALE
of Musical Merchandise at prices that cannot be equaled,
quality considered.
FS R A FEW HONE /-SAVERS. M&.
$15.00 MANDOLINS GOAT $10.00
$20.00 VIOLINS GO AT $12.95
$ir,.50 GUITARS GO AT $11,80
$15.00 BANJOS GO AT , $10,45
$75.00 MUSIC BOXES GO AT $52.00
Evarything Goes at ths Same Rate of Reduction.
W. J. PYSR & BRO..
LABGBST JIUSIC BOUSE! IN THE WEST,
21-23-25 and 27 West Fifth Street, - - ST. PAUL.
GRfIVITYOp AJI OATH
JUDGE AVILLIS SAYS WHEN LIBER.
TV PERISHES IT WILL BE A
TIME THAT
TRUTH HAS FLED THE COURTS.
CITIZENS' RIGHTS SUFFER IF
FALSE OATHS ARE PLACED UP
ON JUSTICES' ALTAR OR
TAINTED BY BREATH OF SCANDAL.
Short DcHMortut inn Preceding; < lie
Sentencing of Robert Bell, Who
Confessed Perjury.
Robert Bell confessed in the criminal
court yesterday that he committed
perjury when he testified in the suit
of Joseph Roskoyeck, as administrator
of the estate of Roman Kranc, against
the St. Paul & Duluth Railroad com
pany. The case was tried last June
in the district court and resulted in
a verdict for $2,000 in favor of the
plaintiff. Bell, who was one of the
plaintiff's witness, was in Eau Claire,
"Wls., when the accident happened in
the Minneapolis railroad yards which
resulted In the death of Kranc. But
Mr. Bell, nevertheless, testified glibly
concerning the details of the accident.
After Mr. Bell had pleaded guilty, his
attorneys besought the clemency of
the court. It was Bell's first offense,
and he was only twenty-six years old.
He was a railroad brakeman by occu
pation. Judge Willis regarded the
prisoner intently for a moment, and
then said:
The idta of revenge has been banished
from the arena of Jurisprudence by the lat
est evolution of thought, and the object of
punishment Is now correctly defined to be,
first, a salutary warning to mankind in gen
eral; secondly, the reformation of the per
son convicted of crime by due course of law.
I will say now, as 1 have often said be
fore, that clemency does not pertain to
courts of justice. A court of Justice has no
discretion, its duty is to administer Justice,
to give a fair trial to causes that are pre
sented, to try all individuals with absolute
impartiality, and to have every end effectuat
ed by the operation of the court, one that
can be denominated just.
When an individual comes before a court
and proclaims himself guilty of an offense
like perjury— which has been well said to
strike at the very foundation of the social
order and sever the bond of faith which
unites one man to another, that indefinable
yet powerful league through which we be
lieve our fellow men and trust them In
ordinary ways, and accept their evidence in
courts of justice— the first impulse is one of
anger and resentment. That feeling, how
ever, should have no influence in a court of
Justice. We should still adhere to the
cardinal principles of punishment— warning
to society, reformation of the offender.
I admonish you, Robert Bell, that your of
fense is most serious that no real or fancied
wrong suffered by any individual would jus
tify you in violating the solemnity of an
oath. When liberty perishes it will be when
the courts of justice have ceased to be the
haven of refuge for truth, ceased to be the
powerful protector of the citizen. They can
not protect the citizen's rights if upon the
altar of justice are placed false oaths, if the
Information given to the court comes from
perjured sources, If the case appear in court
tainted by the breath of scandal borne, as it
wciv. upon the sacramental wings of the oath
taking, faith-pledging. God-witnessing cere
mony by which and through which a witness
is invested with the character of one to be
believed.
This is your first offense?
Bell— Yes.
The Court— Let it be your last. You can
go through prison, if you are a true man
and you can come out feeling that society has
not turned its weapons wilfully upon you
You can come out feeling that society has
by your imprisonment done its best to as
sert its own rights to protect Itself and to
make you better than you are, and you can
come out from your imprisonment "with a
desire to teach your fellow man how to ob
serve the law, how to keep true faith, how to
promote justice. And your own manhood will
determine whether the imprisonment shall
be of benefit to you or whether it shall arouse
a resentment in your heart and make you an
enemy of society.
The sentence of the court and the judgment
of the law is. that you, Robert Bell as the
punishment for the crime of which you stand
convicted on your own plea, be committed
to the reformatory of the state of Minnesota
at the city of St. Cloud, county of Steams'
In the state of Minnesota, thereto be raieiv
ed and confined according to the rules and
regulations of that institution.
VERDICT FOR DR. ROTHROCK.
Comity MnHt Pay for His "Work in
Hull Cn«e.
A Jury of Dr. J. L. Rothrock's peers gave
him a verdict for $150 yesterday, for his ser
vices in analyzing the medicines that Rev
J. C. Hull administered to his wife.
Dr. Rothrock found large quantities of
arsenic In the medicine, and the jury found
the Rev. Hull guilty. Judge Egan sentenced
the pastor of the Clinton Avenue M. E. church
to six years.
Dr. Rothrock turned in a bill of $250 to the
county for his professional services as he
had been engaged to make the chemical analy
sis by County Attorney Butler. The instant
they set eyes on the bill, a spasm of economy
seized the commissioners and they cut it
down to $35, as it appeared that Dr. Roth
rock had spent twenty days making the
analysis, and the commissioners concluded
j ot * \ Condensed Milk, t
Our Illustrated Pamphlet entitled "Babies^should L
J Be in Every Household. sent on application., ['
New York Condensed Milk Co. new York..
that the doctor's services were worth $1 75 a
day. The Jury valued them at $7.50 a day.
RECEIVER IS DISCHARGED.
Wound Up the Affairs of the Seven
Corners Bank.
J. P. Hoffman, the receiver of the Seven
Corners bank, has been discharged by the dis
trict court. Receiver Hoffman's final ac
count makes the following showing:
The amount collected on judgments against
stockholders was $70,872.86; on interest on
judgment, $2,41776; total collections $71114 62
--paid to depositors, Jan. 23, as per order of
the court, $10,525.96; paid as per same order
of court to depositors, March 16, $10,131.49;
Dec. 4, $10,131.49; paid receiver's attorney as
per order of court, $3,386.51; paid receiver by
order of court, $2,500.
AFTER THE STOCKHOLDERS.
Case of the Minnesota Savings Bank
Creditors on Trial.
The three suits instituted against the Min
nesota Savings bank by Alva R. Hunt, the at
torney for the plaintiffs, came on for trial
yesterday before Judge Kelly. The plaintiffs
are Orris Hunt, A. W. Dimond and Minnie
haha Camp No. 675, Modern Woodmen of
America. They are all creditors of the bank,
and they sue each stockholder, not to recover
his proportionate liability as a stockholder,
but they sue him as a partner, for the entire
amount. In other words, the plaintiffs claim
that the Minnesota Savings bank was never
legally Incorporated, and that the incorpor
ators are partners, and as such each one
is liable for the entire Indebtedness of the
bank.
JUNCHA FOUND GUILTY.
Jury Decides That He Assaulted
Jacob Schmidt.
Maxatnilian Juncha, tried by a jury on the
charge of assaulting Jacob Schmidt, tho pro
prietor of the North Star brewery, was found
guilty yesterday afternoon. The sentence was
postponed until Saturday.
Juncha had some difficulty with Schmidt
on Maria avenue two weeks ago, and in a
fight which followed, was considerably
worsted. He was confined at the city hospital
several days. He claimed that Schmidt had
unprovokedly attacked him. Schmidt, on the
contrary, accused Juncha of beginning the
fight and lodged complaint against him for
assault and battery. On the witness stand
Juncha maintained that he had been first
assaulted by Schmidt, but several witnesses
who were with the breweryman swore that
Juncha was the aggressor, and the jury re
turned a verdict in accord with this testi
mony.
Case Was Settled.
Josie Pribel, the domestic accused of steal
ing a diamond ring and a piece of dress giods
froim the home of C. Stover, was yesterday
discharged by Judge Orr upon request of the
prosecuting attorney. The girl claimed she
had taken the articles to enforce payment of
certain wages, she claimed due her, "and pro
fessed a willingness to return the property
lf given the money. Mr. Stover was dis:n
clined to prosecute the case awing to the
girl's tender age and when she returned his
property, withdrew the charge against her.
Forgetfnlncss Cost Krest $1.
Charles Krest, a hotel runner, operating
In the vicinity of the union depot was ar
rested by Patrolman Dave Hennessey yester
day, for alleged violation of the ordinance
regulating hotel runners. It was claimed
Krest wore neither a badge nor insigia on
his hat, denoting his calling, as required
by law. Krest explained to Judge Orr that
he had merely forgotten his badge and the
court, in the way of a reminder, assessed him
$1-
Court Calls Today.
Jury— Judges Bunn and Lewis, 32 129 27
28, 117, 128. 107. 119, 120. 127. '
Court— Judges Kelly and Otis, 41 42 45
74. ' '
Chambers — Judge Brill.
Criminal Court— Judge Willis. State of Min
nesota, vs. Thomas Noonan; State of Min
nesota vs. John Burns.
Probate Court— Judge Willrieh, chambers.
J. M. Lynch Sues for Commission.
«f°i?, , M^ Lynch has brought suit againt
Miehalel P. Ryan to recover $1,200. which
the plaintiff alleges is due him as commission
for the purchase of $50,000 worth of improved
real estate located on the southeast corner of
r* OUI^-ii and ,.? c>b v rt streets . an d known as
the Willoughby block.
Stillvrater on Reformatory Plan.
John Keets pleaded guilty before Judge WII
is yesterday afternoon to the charge at steal
ng $15 from the saloon of Henry Vitt. Keets
Is S2 years old and consumptive The court
sent Keets to the Stillwa-ter prison on the
reformatory plan.
Jury Conldn't Agree.
In the personal Injury suit of Emma Levin
against the city the jury failed to a^ree
after remaining out all night, and was di
o^undelVeeT'* '«" ° n the side ™ lk
Noonan Trial Is On.
The case of the state against Thomas Noon
an is on trial before Judge Willie and a jury
Noonan is charged with stealing $29 f ro(m
a friend of his at Merriam Park?
Educational Innovation.
GALEiSBL'RG, Jan. 25.-A decided innova
tion in educational lines is the addition to
the cirrieulum of Lombard university lust
announced. Dancing lessons will be given to
students weekly under the direction of a
professioal teacher in the new university
gymnasium The institution is coeducational
It is supported by the Universalist cauivta and
Is dcs.gntd largely tot the education of minis
tere for that church. uiinia-
Tour of All Mexico.
R J )e S l , al . vestibule <3 train of sleeping
and dining cars with the new open
No-Top Observation Car start from
Chicago Jan. 18 and Feb. 23, under the
management of the American Tourist
Association. Tickets include all ex
penses. Apply to Agents Chicago Mil
waukee & St. Paul R'y for ' pro
grammes.
THE SAINT PAUL, GLOB 3. THURSDAY, JANUARY 27, 1898.
LIBEL TO BE PROUED
SUPREME COURT RULES THAT AL
LEGED DAMAGING WORDS MUST
BE LAID BEFORE
THE COURT TRYING THE SUIT.
CITY RAILWAY COMPANY THROWN
DOWN IN A REVERSAL OF RAM
SEY'S COURT YESTERDAY.
PROBLEM AS TO ADJOINING LOTS
Decided in a Way That Makes It
Important to All Owners of
Lots.
In the dozen decisions handed down
by the supreme court yesterday was
one which emphasizes the necessity,
in libel suits, of permitting the judge
I of the trial court to be the judge of
the exact words used. The mere con
clusion of the plaintiff that the words
were damaging in their effect will not
; do. The syllabus of the decision is as
! follows:
I American Book Company, respondent, vs. The
Kingdom Publishing Company et al., ap
pellants.
1. The rule laid down In Pugh vs. Railway
Co., 29 Minn. 390, as to the appeala-bility of
i an order denying a motion to make a plead
j ing more definite and certain, disapproved.
2. If the meaning of the different allega
tions can be seen and the cause of action or
defence intended to be set forth by them
is manifest, a pleading Is not Indefinite. Nor
Is it uncertain if the nature of the charge or
defense is apparent from such allegations.
3. A motion to make a pleading more defi
nite and certain cannot be allowed to serve
the purpose of a general demurrer.
4. In actions for libel it is well settled
that the specific words which have been pub
lished must be set forth in the complaint
that the court may determine their actionable
quality. It is not sufficient to merely allege
the legal effect of the words or that the pub
lication was of a certain defamatory tenor
or import.
6. Held, In an action to recover damages on
account of the publication of alleged de
famatory matter and to restrain defendant
from further and additional circulation of
the same matter, that to state a good cause
of action in the complaint it was incumbent
upon plaintiff's counsel to conform with the
rule above mentioned. Order affirmed.
—Collins, J.
JURY SHOULD HAVE HAD IT.
Ramsey County Revenged in a City
Railway Cose.
The Ramsey district court is reversed In
the suit of Mary Morrow against the street
railway company, In which it decided for the
defendant.
Mrs. Morrow sued for damages on account
of the death of her husband, a conductor on
the lnterurban line, who was killed while
the cars were being switched at the Milton
street terminus of the line. The contention
of the plaintiff was that the gripman in
charge of the train was incompetent, and
that the company had had notice of that fact
prior to the occurrence of the fatal accident.
The trial Judge rendered a verdict in favor
of the city railway company without allow
ing the matter to go to the jury.
Mrs. Morrow appealed, and Chief Justice
Start, in reversing the decision of the lower
court, holds that the evidence was sufficient
to take the case to the jury upon the issue
as to the inconipetency of the gripman, and
whether the company had had previous notice
thereof prior to the accident in question.
The syllabus Is as follows:
Mary Morrow, as administratrix of the estate
of George Morrow, deceased, appellant, vs.
St Paul City Railway Company, respond
ent.
Evidence considered and held that it was
sufficient to take the case to the jury upon I
the issue as to the Incompetently of the de
fendant's gripman, and whether It had notice
thereof prior to the accident here in ques
tion. Order reversed. Start, C. J.
RULES AGAINST BRIDGMAN.
St. Cloud Lumberman Loses an Im
portant Salt.
C. Bridgman, the St. Cloud lumberman, lost
an important suit in the supreme court yes
terday. He built a house which overhung
his neighbor's lot, thinking it was his own.
After the house had been completed and fin
ished off to the taste of Mr. Bridgeman the
administrator and some heirs of the estate
owning the lot on which It was built dropped
around and looked it over. They approved of
the house and were much obliged to Mr
Bridgeman for his kindness. Mr. Bridgeman
didn't enjoy the experience of a good deed
well done, and offered to move the house off
the property at once, probably without ex
pense to the owners, but they couldn't think
of putting him to so much trouble. The house
should stand. Then Mr. Bridgeman offered
to put a hen on the house by way of orha
ment, but the new owners didin't admire liens
and declined the offer.
The supreme court, affirming the decision
of the lower court, holds that the owners of
the lot were right. The mistake was the
result of Bridgeman's own negligence and
the fault of no one else; that the house be
came a part of the lot and Bridgeman Is
neither entitled to remove the house or to
enforce a lien against the lot for its value
The decision is Jn the case of W. B Mitch
ell as administrator of the estate of Jane B
\\hittlesey. respondent, vs. Coleman Brfdee
man, appellant.
The syllabus is as follows:
William B. Mitchell, as administrator of
Jane H. Whittlesey, respondent, vs. Cole
man Bridgeman, appellant.
The defendant, without the knowledge of
the owners of a lot, and without license ex
press or implied, from them, but by mistake
supposing it to be his own, erected a house
thereon; such mistake was the result of his
0W H P ,r g t{f e t nC^ a l* the ' ault of no one else
Held that the house became a part of the
£~m f .defendant Is not entitled either
«LT? f e 2i? hol l se> or enforc e a lien against
affirmed *° l the bOUSe " Jud & me °t
VICTORY FOR COMPANY.
False Representations Held to In
validate a Policy.
«JVn« the gWer ° f false re P re sentations to
an insurance company must forfeit his claim
against the company Is reiterated in the de
cision of the supreme court yesterday in the
suit of Albert Cerys vs. the State Life In
surance company of Dcs Moines. The sylla
bus of the decision Is as follows-
Albert Cerys, appellant, vs. State Insurance
Company, o Dcs Moines. 10., respondom.
1. Where it is stipulated in a fire insur
ance policy that the application on which it
is based shall be a part of the contract and
a warrant by the assured and that if the in
terest of the latter in the property be not
truly stated therein the policy shall" be void
i e ,, p£ tT ties have settled themselves what
shall be material and the assured cannot be
permitted, in cases of loss, to escape the con
sequences of making a false answer to a
question. He cannot be allowed to claim an
answer is Immaterial which he has con
tracted should be considered material
2. In such an application the assured stated
m reply to a direct question aa to the amount
I of incumbrance upon his farm of 100 acres
that the entire Incumbrance Is $1 400 " when
as a matter of faot the principal sum due at
the time was 51. 7C0.
Held, that there was a material variance
and a substantial misrepresentation as to the
amount of the incumbrance, which voids the
policy.
Order affirmed. —Collins, J.
EIGHT OTHER DECISIONS
Handed Down by the Auunst State
Tribunal Yesterday.
E. Gothberg respondent, vs. Barnard Silber-
Btem et al.. defendants; the Crowley Elec
trie Company, appellant.
Certain unimportant assignments of error
considered and disposed of. Order affirmed
—Collins, J.
M. Maraneck, Executor of Michael Stadtler
deceased, et al., appellants, vs. School Dis
trict No. 40. Houston County; C. J. Wheat
on, et al., intervenors.
1. The site of a school house already built
in a common school district of irregular
shape but composed of 95 forty-acre tracts
of land, according to government survey wa«
within less than three rods east of 'a' line
which Is drawn north and south through the
district would have divided equally the num
•?v? f , acres ln district And was also
within less than forty rods south of a line
which if drawn east and west through said
district would have divided equally the num
ber of acres therein. Held, that" the school
house site was less than a quarter of a mile
from the center of the district for any ques
tion of a change of site arising under thp
provisions of G. S. 1894, sec. 3677 subd. 4
2. Children born within the Unite! States,
Royal is the highest grade baking powder
lira
known. Actual tests show It goesono
third further than any other brad.
POWDER
Absolutely Pure
ROYAL BAKINO POWDER CO., NEW YORK.
of foreign parents, residing therein, and not
engaged in ay diplomatic or official capacity
under a foreign ruler, such children continu
ing to reside in this country, are citizens of
the United States and of the state In which
they reside within the provisions of the first
section of the fOTteenth amendment to the
federal constitution. Judgment reversed,
—Collins, J.
Mary Scanlon, respondent, vs. John B. Alex
ander, et al., defendants; John Grimmer,
appellant.
L A person, not having a fraudulent or
criminal purpose in so doing may enter into
a contract by any name he may choose to as
sume. All that the law looks to is the iden
tity of the individual and when that is ascer
tained and clearly established the act will be
binding upon him and upon others.
2. Rule applied in a case where, for the
purpose c-f loaning money, and taking a real
estate mortgage. one S. D. assumed a wholly
different name, there being no fraudulent or
criminal intent shown on his part.
3. It is wholly immaterial that the mort
gagors were Induced to believe that they
wore dealing with a person bearing the as
sumed name and would not have entered into
such a transaction with S. D. the real
mortgagee.
4. A vendee who accepts a conveyance of
land subject to a mortgage thereon and con
taining a covenant whereby such vendee as
j sumes and agrees to pay the
mortgage is estopped from assert
ing that the obligation secured
thereby is usurious. Judgment reversed and
new trial ordered, —Collins, J.
Michael Hewston, appellant, vs. Martin S.
Dossett and Andreas M. Ruttan, respond
ents.
Held, that the assignments of error herein
are insufficient to present the question raised
and argued by counsel for appellant.
A ruling of the trial court whereby evi
dence is admitted ,or excluded cannot be re
viewed under an " assignment in substance,
that the conclusion of law of the court below
Is not justified by the findings of fact. Order
affirmed, —Collins, J.
Fanny A. Wheadon, appellant, vs. Warren
H. Mead, respondent.
1. An order denying a motion to amend
the trial court's conclusions of law is not
appealable.
2. The rights of the parties to an action
are merged in the judgment, whirh is the
I conclusion of the law upon the facts found,
i and upon an appeal from the Judgment where
there Is no case or bill of except'ons, only
the conclusions of law embraced In the Judg
ment can be reviewed on th 6 ground that they
are not supported by the facts found.
Judgment affirmed." Start, C. J.
David C. Bellas, Receiver of the City Bank,
respondent, vs. Abby G. Mendenhall et al.,
defendants, Minneapolis Trust Company, a
Corporation, appellant.
1. A covenant on the part of the defendant
trust company in consideration of the con
veyance to It of certain real estate by Its co
defendants that it would pay all of their debts
not exceeding in the aggregate $130,000 con
strued and held:
(a.) That the Trust Company as botween it
and the debtors thereby became the principal
debtor and obligated itself to pay al) of
their creditors in full if the aggregate amount
of the debts did not exceed $130,000, but if it
did, then to pay all the creditors on their
claims pro rata the sum limited.
(b.) That the creditors can maintain an
action against the Trust Company on its
promise to so pay their claims, but inasmuch
as the amount to be paid is limited and the
amount of the debts uncertain the Trust
Company is entitled to have any action
brought on the promise by a creditor to be
brought for the benefit of all of the cred
itors so that all will be bound by the ed-
Judlcation therein.
(c.) Neither the fact that a creditor gave
to the original debtors an extension of the
time in which they were to pay his debt, nor
the fact that he recovered judgment which
is unsatisfied against them for the amount
thereof constitutes any defense to an action
on the promise by the Trust Company to pay
the debt.
2. A defect of parties to an action is
waived unless objection is taken by demurrer
or answer, and where a complaint states facts
constituting a cause of action, but shows
that there is a defect of parties, a demurrer
to the effect that the complaint docs not stale
facts constituting a cause of action must be
overruled.
Order affirmed.
Charles J. Stahl. as Administrator of the
Estate of Erick Engestrom, deceased, re
spondent, vs. City of Duluth, appellant.
1. Evidence considered and held that thp
defendant's foreman was a vice principal as
to his acts of negligence relied on for a re
covery in this case, and further that the ver
dict is sustained by the evidence.
2. Held, that the trial court did not err
in overruling defendant's objections to certain
hypothetical questions, nor in refusing to
strike out the answer thereto.
Held, that it was not reversible error for
the trial court to permit a stenographer to
testify from her short-hand notes as to tho
testimony of witnesses on a former proceed
ing without formal and direct proof being
made that she was unable without the aid of
her notes to recall their testimony.
Order affirmed. — Start, C. J.
C. E. Peaslee, as Receiver of the Manufac
turers' Bank of West Duluth, appellant, vs.
James. A. Hart, respondent.
S., the owner of two lots conveyed them to
D. and W.. and took a mortgage from them
to secure a part of the purchase price. Tho
mortgage contained an exception of a mort
gage of $1,000. which it was agreed D. and W.
might execute on the lots, which should be
superior to the lien of the purchase money
mortgage of S. D. and W. made the excepted
mortgage to H. The deed and the two mort
gages were duly recorded. When the deed
was executed there was of record a judgment
duly docketed against D. and W. The lots
were sold to S. at a' foreclosure sale under
his mortgage, from which there was no re
demption. After the time for redemption ex
pired H. closed his mortgage and was the
purchaser at the sale. Thereafter B. became
the purchaser of thp lots at an execution sale
on the judgment. No redemption was made,
from either the foreclosure of the execution
sale. Held, that B. Is not the owner of the
lots.
Order affirmed. — Start, C. J.
NUNN GETS TWO MONTHS.
Referee Is Given Till April 1 to
Make His Report.
The supreme court yesterday made an order
extending the time for the filing of the ref
eree's report in the proceedings for the dis
barment of Attorney A. H. Nunn, of Minne
apolis, to April 1.
TO CURE A COLD IN ONE DAY
Take Laxative Brot&o Quinine Tablets. All
druggists refund mtoney-if it fails to cure. 25c
The genuine has L..8. Q. on each tablet.
' • '" ~ : - - ' ' ■ ' l«^ as ib^ H^^
":-.-■ ' *%? .vJqßj I Dr. Sutherland's
W^lAntipain
Best Set of Teeth $S.OO
Gold Alloy Fillings 75
22k Gold Crowns S.GQ
All Work Guaranteed.
Tiie smnenaiioeiftai Parlors
fcrand Ooera ilou^e Biock, \
Cor. Mxih and I. t'eier Streei*. (
AGGUSEDOFJHURDER
CORNELIUS FORTIEB ARRESTED
BY RAMSEY COUNTY OFFICERS
ON SUSPICION.
A TRAGEDY AT FARIBAULT,
IN WHICH THE WIFE OF THE
PRISONER WAS THE VIC
TIM.
AUTHORITIES WANTED HUSBAND.
Has Been Living In Minneapolis,
but Was Caught at a Farm
House In Anoka.
Cornelius Fortier, alleged to have
murdered his divorced wife at Farl
bault Jan. 15, for whose arrest a re
ward of $500 was offered, is a prisoner
at the county jail where he was lodged
by Sheriff Wagener and Deputy Sheriff
Robert at an early hour yesterday
morning. A warrant charging Fortier
with having killed his wife is in the
hands of the Faribault police and the
prisoner will be held until the arrival
of the proper officials today, when he
will be taken to the scene of his al
leged crime.
The prisoner was captured at the
home of Theodore Montbriand, a farm
er living in Anoka county, about five
miles beyond Centerville. The infor
mation upon which Sheriff Wagener
and Deputy Robert made the arrest
was furnished by George Lanouetto,
a resident of Centerville, who knew
Fortier and appraised the sheriff of
the prisoner's presence at Montbriand's
home. With Lanouette for a guide.
Sheriff Wagener and Deputy Robert
started with a team from Centerville
shortly after 6 o'clock Tuesday even
ing. Reaching Montbriand's place be
fore 10 o'clock they peered through a
window in the house and saw Fortier
quietly engaged in patching a pair of
overalls. In response to a knock at
the door the sheriff's party was ad
mitted, when Deputy Robert, address
ing Fortier in French, informed him
that he was under arrest. The prison
er showed no agitation, merely asking
to be allowed to get his coat. The
officials would not trust him out of
their sight, however, and when the
garment was brought to him Fortier
was placed in the carriage and the
drive back to the city begun.
The charge against the prisoner was
not made known to him until the car
riage started, when Deputy Robert
said:
"Fortier, you are accused of murder
ing your wife."
With unassumed coolness the pris
oner merely answered, "They will have
to prove it."
Sheriff Wagener had a lengthy talk
j with Fortier yesterday afternoon dur
ing which Fortier maintained an un
usual composure and absolutely denied
j any knowledge of his wife's death. He
claims not to have seen the woman
since leaving her two years and three
', months ago, when he says he went to
live in Minneapolis. He kept a small
confectionery store there, he claims,
until a week ago, when ne sold his ef
fects and came to St. Paul. He says
he remained here until last Thursday,
when he walked to Centerville, looking
for work en route. When he reached
Montbriand's he was offered employ
ment at $10 a month with bis board
and accepted the position. Fortier is
sixty-four years of age and Is the
father of five children. He says hi<?
real name is Beloin, but that when his
mother married a second time he as
sumed the name of his stepfather. He
lived at Faribault twenty years.
Accounts of the killing of Mrs. Ma
tilda Fortier were published in the
Twin City papers at the time, but
there was no suspicion that the sus
pected murderer had come to this city.
The following facts concerning the
murder are taken from a two-column
article in the Faribault Pilot of Jan. 20:
The murder was committed Saturday fore
noon, Jan. 35, on the Roberts Lake road, in
the town of Wells, Rice county. She was an
industrious woman, doing washing for a liv
ing. Her son, Medrlc, was told to call in
the afternoon for some washing. When he
called he found his mother lying dead in a
great pool of blood. An investigation fol
lowed, and the coroner's jury found that
Fortier was the probable murderer. His
satchel was found in the barn near the house
and it was supposed that he had slept in the
barn Friday night. Two peep holes had been
cut in the side of the barn and commanded
a view of the house. A man supposed to
be Fortier had been seen about the prem
ises and in the neighborhood, and two pistol
shots had been heard. The dead woman had
been woundrd with four bullets, and any
one of the three wounds would have caused
her death. The Fortiers had lived near Fari
bault for twenty years and had often quar
reled. Mrs. Fortier had secured a divorce in
the fall of 1895. Her husband was of a rov
ing disposition, and on one occasion when
leaving his home, had threatened to come
back and kill his wife. The first part of this
month he sold his business in Minneapolis and
gave out that he was going to Canada. He is
known by sight to a large number of peo
ple who have seen him traveling with a
peep-show and wheeling a cripple his partner
in the business.
LUTHERAN CHURCH ANNUAL.
Plans for the Proposed New Struc
ture Are Discussed.
The annual meeting of the Memorial Eng
lish Lutheran church was held at the place
of worship of the congregation on Sixth
street, near Exchange, last evening. The
chief topic of consideration was the plans sub
mitted by the pastor. Rev. A. D. Haunt for
a new edifice. The plans as prepared per
sonally by Rev. Mr. Haupt call for a hand
some two-story structure of pressed brick and
brown stone, of the Gothic styla of archttec
re ' u to . , COSt * 25 -°°°- Th ey provide for a
church fully three times the size of the pres
ent house of worship, complete and model as
to every detail. The congregation unani
mously decided to erect a new church on the
lot now occupied by the little frame church
but did not finally accept the plans submitted'
reserving the matter for future consideration
at the hands of a committee appointed to
look fully into the matter and to report at
a meeting to be held next Tuesday evening
The secretary's report showed a communi
cant membership of 26G. Thirty-two new
members were received during the year and
ten former members returned to the con
gregation. The $2,200 raised during the year
met the current expenses. Henry W. Knauff
was elected deacon and trustee for three
years, and J. H. Hensel a deacon for the
same period.
"WON IN A WALK." ""
Davidson Defeats Johnson by
Skating: a Mile in 3.15.
Special to the Globe.
STILLWATER, Mia*., Jan. 26.— The first
of a series of three one-mile races between
John S. Johnson, of Minneapolis, and John
F. Davidson, of St. Paul, was skated at the
rink this evening, Davidson winning in 3 15
A large crowd witnessed the race.
Meals to Create and Appease Appe
tites
Are those served on the New Pennsyl
vania Limited, which made its initial
trip from Chicago Jan. 12th. The serv
ice is right up-to-date, like the new
train, which departs from Chicago
Union Station daily at 5:30 p. m. Din
ner is ready soon after starting, and
all meals required on the trip to New
York are served en route. Particulars
about the train and service may be
obtained from H. R. Dering, A. G P
Agt., 24S South Clark street, Chicago!
The good 3 advertised in this newspaper are
for sale by home merchants. You can get
the right thing by pressing your deruaud
gently but firmly.
*=» Bllk Headquarters of the Northwest.
SIXTH AND ROBERT STREETS, ST. PAUL.
SILKS~~?°i sell , all Plain Blacks ' Fane ? Biack3 - pi <^
,r\^ Colored and Fancy Colored Silks before Feb
ruary Ist, we have placed all on special tables, marked ridicu
lously cheap.
Lot 1, at 18c— Consists of a collection of Wash Silks
White Habutai Silks, and lots of Remnants of Silks and Fancy
Velvets. J
atl Lot 2, at 37C, is made up of Fancy Silks, Black Silks
and Plain and Fancy Velvet Remnants.
- fe°t 3 * ■* 57C--Black Silks, such as Taffetas, Brocades
and Satins, Colored Fancy Silks, Checks, Plaids and Brocades
Many rare bargains in these lots.
The Best $1.25 Gloves. Hosiery and Underwear.
Just received. Another shipment Thur«ria v =« • 1
of 2-stud Pique Gloves, in red, tan, lhursda 3' specials:
brown, black, white and (J»| /%r Wnm^', tti , -.
pearl, the world's best Jkl IS T™ & Fleec /. d YesV est S and
WULO Pants, were 3oc, for 190
Big reductions in Ladies' and in^°™! n ' S f leece - Li "ed Stock-
Children's Winter Gloves and Mit- anY Stork £ ■ W f, arin ff as It „
tens-just before inventory. any stocking: in the store, [\Q
MRS. DOUR HONORED.
Chosen Auditor l»y the Federation
of Musical ClubH.
Special to the Globe.
CHICAGO. Jan. 26.— The federation of mu
sical societies, just organized by delegates
meeting in this city, has elected its first offi
cers, and Mrs. Door, of St. Paul was chosen
auditor. The president is Mrs. Edwin F.
Uhl and the vice president Mrs. Chandler
Starr.
CHICAGO, Jan. 2fl.— Mra Edwin F. Uhl,
of Grand Rapids, Mich., was elected presi
dent of the National Federation of Musical
j clubs at its final meeting In Steinway hall
: today, defeating Mrs. Theodore Sutro, of New
I York. In the informal ballot 89 votes were
i polled, Mrs. Sturo receiving 12. In the first
formal and decisive ballot the latter num
ber remained the samp, while the Western
candidate received but 64. The other officers
elected were: first vice president, Mrs.
Chandler Stiirr, Rockford, 111.; second vice
president. Mrs. Phillip M. Moore, St. Louis,
Mo.; corresponding secretary, Mrs. James F.
Peterson, New York; recording secretary,
Mrs. Thomas Ellison, Fort Wayne, Ind. ; treas
i urer. Miss Ada Douglas, Newark, N. J. ; au
ditor, Mrs. Russell Dorr, St. Paul, Minn.
SEMI.\OI,K OUTRAGE.
Arrests by Wholesale Expected In
the Xear Future.
GUTHRIE, O. T., Jan. 26.— Deputy United
States Marshal Tilghman returned tonight
from Pottawatamie county, where he has
been for a week investigating the recent
burning of the two Semiuole Indians. He
states that there Is no truth In the report
of the arrest of some of the lynchors. The
names of a score or more of the mob have
, been obtained by the officer, however, to-
I get In r with strong evidence and a large num
ber of warrants will be issued at once, and
I wholesale arrests will be made before the
! week ia out. He says that almost every
I member of the mob is a resident of the In
■ dian territory and that the arrests will be
first made there on a charge of kidnapping
and conspiracy, as the murder charge will
hold only on the Oklahoma side of the line.
United States Marshal Thompson Is daily
expecting special Instructions from the de
partment of justice to assist the county au
thorities in prosecuting the members of the
mob for murder.
DUST FROM THE SEA.
Ocean Fogs are Full of Fine Yel
lowisli Powder.
In certain parts of the world, notably about
the Cape de Verde Islands, there are con
stantly met at sea, several hundreds of miles
away from land, thick, yellowish-red fogs,
I not unlike London fogs in November. These
j fogs obscure the atmosphere nnd are very
| injurious to navigation, but they have not
the baleful odor of their London prototypes,
nor do they affect the breathing in the same
way. says the Los Angeles Times.
While sailing through them it is found that
the ship, sails and rigging are covered with
a fine, impalpable powder, which falls as
dry rain and covers the surface on which it
I falls sometimes to the depth of two Inches.
In color It is of a bright brick-dust hue,
sometimes of a light yellow, and it feels be-
I tween the teeth like fine grit, such as might
I be blown into the mouth on a windy day in
March.
No place Is free from Its presence. Its fine
ness giving It power to penetrate every
where. The sea, while the dust is falling,
■ looks as though it had been peppered, and is
} discolored for some distance down. Some
\ times the dust comes in a shower and passes
off ag;:iri. The to^s are nothing but vast
, quantities of the dust suspended in the air.
It is not only in the vicinity of r : ,pc de
i Verde that this wonderful dust Is seen. In
the Mediterranean, off the northern parts of
Africa, and in the middle of the Atlantic it
; has been reported. It is invariably the same
' in kind and appearance and examination un
j der microscopes has proved the identity of,
! say, Cape de Verde sea dust with Mediter
! ranean sea dust. All this Is very remarkable
; —dust falling in clouds, no land within
I some hundreds of miles, nothing visible which
I could possibly account for the curiouH phe
nomenon.
Sand spouts there are In sandy desorts and
showers of sand taken originally from Bpots
| whereon the carrier wind has left its murk,
I but here there is no desert from which the
sand can be drawn, and the wind, so far from
being boisterous or disposed to play whirl
wind pranks. Is light and steady, " blowing
ships along at a calm five knots an hour.
It is believed by scientific men that the
dust clouds of Central America are. in all
probability, closely connected with the phe
nomenon of sea dust.
TREE 10,000 YEARS OLD.
Giant of Prehistoric Times Unearth
ed in K ii a in lid
An extraordinary discovery, and one which
i" just now exciting consicf rable Interest m
antiquarian circles in LaiTOthire ar.d rho
fchire, has been made at Stoekpurt, says (he
Land n News. During the excav.u'ons'in the
construction of sewigo works f>r the town
some wo-rfcmen came across what has since
proved to be a massiv* oak trea, with two
Immense branches. Prof. Bey.l Oawkirh:. 'he
well known antiquary. Is of the opinion that
the tree is one of the giants of prehistoric
times, and he says that the tree Is certainly
10.000 years old. The corporation of Stock
port are at a loss what to do with the gi
gantic fossil, which Is supposed to weigh about !
forty tons, and as it is necessary that it ■
should be removed a proposal has been made
to blow it up with dynamite. This has arous
ed the indignation of a large section of the
public, who presented the following petition to
the corporation:
"That tlure Is a valuable tree of old oak
at present lying upon and exposed in the
gravel on and within their property: that the
quality in color, grain and solidity is bet
ter than any that can be bought in the open
market; that for artiste work alone It Is
greatly to be treasured, for nothing in this
country is at present grown which can come
up to its dimensions; that It contains within
itself sufficient material to make the furni
ture for any public building or town hall
which may be erected for the public benefit
within our borough; that it only requires
lifting from its bed, which In the opinion of
competent geologists may be roughly esti
mated at 15,000 years of occupation; that pri
vate effort has failed to achieve its removal:
that its destruction would be a public loss
and an artistic calamity; that your represent
tlves in council be and are hereby requested
to conserve for the borough this grant of
nature to her sons and daughters, whose sig
natures are hereby affixed."
The corporation have reserved their deci
sion, and in the meantime efforts are being
made by lecal antiquarians and others to i
bring pressure to bear upon the council to
preserve the tree for the benefit of the town
and the country. It is believed that no dis
covery of such importance has hitherto been
made ia this country, and this beins; so It Is
hoped that those Interested in such matters
throughout the country will lend assistance
toward preserving the tree.
«»
Bowlers turning Went.
NEW YORK, Jan. 26.— All arrangements
for the proposed Western trip of the Greater
New York bowlers have been completed The
first game will be called in Toledo, 0., on
March 1. and the other places to be visited I
and the dates of games follow: Columbus, !
M r r». i;s V.U 1 - «£&, $ •""""•"«:
.
TO CURE A COLD 1W ONE DAY
dr a ,, k^.h aXati 7 c ? Tomo Quinine Tablets. All
druggists refund money If it fails to cure 25c.
The genuine has L. B. Q. on each tablet.
— — -- ■■■
MARRIAGES, &IRTHS, DEATHS.
MARRIAGE LICENSES.
55!L B n et f? Sl P r Leonore M. Ramps
ft"* 1 O- Carlson Annie Malla
b J J- Mlss Annie Horstmann
P t vvTf S °l! iHgme. Hammstan.
Peter Wolfscher Minnie Gallaa
DEATHS.
Baby Rolen, 612 Lafayette ay 6 rao
Thomas Jackson, 273 l/niversiey ay 57 yrs
Mary E. Proekosch, Sunfish lake r0ad.. 61 vrs
Elizabeth Welnbolzer. 18 Bast Ninth .. Brno
Milton J. Hirsch. 1971 Iglehart .. . 10 mo
Catherine La Rocca, 315 Walnut 20 vrs
Henry M. Smythe, 460 Portland ay 78 j r3
HIRTIIS.
Mr. and Mrs. D. F. Wright Boy
Mr. and Mrs. Joseph Hall
Mr. and Mrs. S. M. Fredrick ... ""Boy
Mr. and Mrs. Samuel Reickart Girl
Mr. and Mrs. Gustave Schulz .. n o 'y
>i». and Mrs. Matliias Engel "Girl
Mr. and Mrs. Mathlas Espe . r-.ov
Mr. and Mrs. Michael Keller ....' Girl
Mr. and Mrs. Karl Kaeters .... nov
Mn and Mrs. Peter S. Hervin Girl
Mr. and Mrs. George \V. Whitacre Hoy
Mr. and Mrs. Frank Ullman Hoy
Mr. and Mrs. William O'Reilly .... ""R oy
Mr. and Mrs. Robert Tennyson . (}|rl
Mr. and Mrs. Arnt C. Heidekker Girl
Mr. and Mrs. Alfred Eklund ! .Girl
Mr. and Mrs. Thorwald Johnson ......Boy
DIED.
LIEBERMAN-Mrs. Simon Lleberman dted~"at
3 p m., Jan. 2«, at 613 Lafond street, St.
Paul, Minn. Chicago and Cleveland O
papers please copy.
FOR FUNERALR-Helrlo*, $4; carriages $2
at Schrocder's Livery, 20 West Fourth st.,'
FUNERAL NOTICE.
FUNERAL NOTICE-Noble Franklin Lodge
No. 2, A. O. D. W.— All members are her, by
notified to attend the funeral of Itro. Thomas
Jackson on Thursday, Jan. 27, at 1:30 o'clock
p. m., from the house, 273 University ave
nue. Louis Ramaley, Master Workman.
ANNOUNCEMENTS.
NOTICE IS HEREBY GIVEN thai the regu
lar meeting of the stockholders of the fifth
Ward Transfer Railway Company will bo
held at Room 20T,, Newspaper Row st
Paul, Minn., on the Ist of February, A I)"
ISOS, at 10 o'clock In the forenoon, for tho
election of a board of directors and tho
transaction of such other business a.s may
properly come before the meeting. Hated the
24th day of January, 1808. Frank Seibert
Secretary.
AMUSEMENTS.
HETROPOUTaH^ L li.^ TT "
TONIGHT. ITlatlnee Saturday.
Comedy Event of tho Season
OONR3ELLY # GIRARD
In tho Spectacular Operatic Burlesque
THE GEEJZER!
Prices-2")O, 50c, 75c and «1 03,
EXTRfI-U/EEKJan. 31
Wilson Barrett's Great Flay
THE SIGN OF THE CROSS !
Presented by Wra. Greets London Co . includ
ing CHAHLKS DALTON. Indorsed by clergy
press and public
bale of seats opens today. Regular prices.
Grand McFadden's
ECLIPSING "BW 01
ALL, FORMER ri i
COMEDY rlnT\
ATTEMPTS. P IUIU!
Next WeekT^'THE
AUGUSTUS uHIKKY
PITOU'S
GREAT PIPtfCQQ H
production. rlulxCnoi
CAMBRIDGE HALL,
Seventh j*t. bet. Robert and Jackson Sts.
Unrivaled Accommodations for
Social Entertainments,
LECTURES AND CJNCfiRTS.
FOX TERMS APPLY TO
J. J; WATSON G-rmania LUb Bldj
SCHOOLS AND COLLEGES.
ST. AGATHA'S CONSERVATORY
Of Music and Art,
26 East Exchange St.. St. Paul.
Piano, violin, guitar, mandolin and vocal
music taught. Lessons given in drawing and
painting. Call or send for prospectus.
Official Siato Historical Photozrapaar.
STUDIO
99 AND 101 EAST SIXTH STREET.
(Opposite Metropolitan Opera House )
PHOTOGRAPHS 0 ?. l!ie fee ' " X
Rembrandt, tun fh/lo; HejnuUlt, JComnej
.tti<( Other Musters.
Mr. Zimmerman's personal uUe.iti; » tit
! appointment: I'tZLi^jrHOSH lO~i 1-