4> • —«*
.: State - Art v Society Meets Tonight—
T-he State Art : society will meet at the
. senate chamljf # of the ' state; capitol: to
night. 'fr^Z £■??'■ -"■i^^^SSS^BaßfflßHßH.
7 Trespasser Must Leave Town- -A.
Colas was in the police court yesterday
■ afternoon charged with», trespassing : in
rthe Great Northern yards. fj He ;pleaded
" gtiilty and 1 was r given ; a few hours in
which to : leave town.'.; ; :\"V- ; .' v "-■:'
; Woman Sues iCity for $10,000—Au
f gusta Ritschdorf. alleging she received
I injuries by falling on a defective street j
walk on Fuller;street last August, has
■brought suit against the city :of St.
£aul : for the sum of $10,000. ■
' Fees Enouah to Pay Salaries —
ton G. Warner, state ofi inspector, 7 has
' rendered % his : October accounting L; to
the state ' auditor's ; office. • The ; fees of
' the office amounted during the r month
to , $3,095.40, and :all: but $326. was
' expended in salaries and expenses.
• Wants an Absolute Divorce —Ella Pc-
S terson has entered suit for. an absolute
divorce from her husband, John- L. Pe
terson, now • alleged to :be in Sweden,
for desertion,: allegi&g that he left - her
I ■without : good I and; sufficient cause • five
years ago. after a session of stormy
married-life.* . ,'
Governor-elect Johnson , Will
Likewise Witness Game
Two governors and a governor-elect
will - • witness ? - the football game • at
Northrop , field this afternoon. - Gov. i
Van Sant, of Minnesota; Gov. La Fol
■ lette, of Wisconsin, and Gov.-elect John
A. Johnson, of Minnesota, .will see the
game from boxes on the side lines.
Mr. and Mrs. George C. Knocke and ;
Mr. and Mrs. W. E. Mayhew and Misses
Katherine Knocke and Myrna Mayhew '
' left yesterday f afternoon for St. ? Peter, [
where - they will felicitate Gov.-elect
John - A. Johnson on his election and .
.invite him to return with them to St.
Paul today to witness the football
game. . - ' ~.-'.:
' The , party, traveled in President A.
B. Stickney's | private car, r which had
been specially prepared for ; the occa
sion", and left the union station at 4:50
yesterday afternoon. ; •'
% comes to GRIEF
Attempt to Sell Fruit in Saloon Leads
. to Peace Bond :.;-■ .':
F. Nicholson's peculiar bent of hu
: mor landed him in the police court
" yesterday on a charge of drunkenness.
He assimilated a ~ quantity of liquor
Thursday and noticing a barrel of ap
ples in front of the Sterling grocery,
Seventh.and Sibley .streets; conceived
the idea of selling the \ apples 'at auc
tion in ■ a neighboring I saloon. Accord
ingly he atttempted' to : carry the bar
rel ; away, but when ■„he. reached the
saloon % ~the top ' of .; the :' barrel burst,
spilling'the apples. . ,"
A • patrolman arrested Nicholson and
yesterday? he . appeared in court on a
charge of drunkenness. The 1 charge
■was dismissed upon his signing a bond
to keep the peace.
BOYS DRAW FINES
FOR ROUGH HOUSE
Seven Youngsters Punished for Break
ing Shanty Fixtures
William Barry, William Fahey,
James McNoligan, Lawrence Fahey,
James Jack, Fred Hoary and William
J. Barry were in the police court yes
terday on a y charge of trespass, pre
ferred by William Wagner, member of
a club having a "shack*' at 305 Page
Wagner alleged that the boys, who
are all between sixteen and eighteen
years of age, entered the place, tore
down the benches and broke the furni
ture and otherwise created a disturb
ance in the house. They all pleaded
guilty to the charge of trespass and
were fined $10 each by Judge Finehout,
who suspended the fine until Jan. 28,
1905, until which time the boys will be
in charge of the probation officer.
To people desiring the use of a pi
ano for a short time, or during the
winter, we wish to say that we have a
They are both new and second hand,
very good tone, and rent at from $3 to
$5 per month. Rental pianos third
W. J. DYER & BRO.
21-23-25-27 WEST FIFTH STREET.
. SEVENTH : CEDAR ..
1./ If i your order today amounts to $2.50
or over take your sales check to cash desk
X and you will receive for it a $5.00 sales
check."- If your order , amounts to $5.00 or
over, r cash - desk * X will • give you in ex
change* a sales check for i $11.00. Not
more ; than « 50c ■ sugar ■. will be - counted< in
: makingJj' the order—no r other restric
. tions. - These sales; checks arc redeemable
i, la i our premium ■; department. ; If 5 you are
npt already familiar with our great profit-;
sharing f plan, t our clerks will gladly ■ ex
plain every, detail to you. :•::..:..it: ■: %
: - Those - who > failed to 'take advantage of
1 the 20 i per cent addition 'to their October
'-'■ certificates last Monday - can obtain the
addition next Monday. ;:->--, - ~-■:v
.5 pounds Best New Rolled Oats "12c
5 j>ounds Laundry Starch...'.-....v;;. 18c
' 5 bars Santa Claus 50ap......r.". ~ 16c
,3i pounds Fancy Japan Rice..;.... ". * 18c
3 pounds Extra Fancy Head: Rice V... 23c
3 pounds Choice Japan Rice:....... 12c
3 pounds Small California Frunes' ' / •9c
. o pounds Medium ; Sweet Prunes...! 14 C
Primed EXtla — re< Santa Clara _
< 6 pounds jersey' Sweet' "Potatoes '.'.'.'.'. ••'2o^
3 pounds Old Pop Corn, on the ear.. 12c
.2 pounds New Chestnuts..:...V^~ 32c
73.packages ; Jeli-O (free demonstra- *
■ tion) ;...;..;.;..v.;r.- -■•-« •• Ose
.2. packages Jeli-O Ice Cream' Powder 25c
■' 3: pounds bulk Spaghetti::.....; 'iS
3 pounds bulk Macaroni "'"'" ISe
■[ 4 pounds * hand-picked Beans /.*r'~" '• "'; -!7e
4 ; pounds No. 1 2 Navy Beans: .." -::jL' «c
packages j Schepp'a Cocoanut ::?" iS
Free •- demonstration lof Wilbur's Co-: -
,-•»■:■.coa. v-.•, ... . .->.'•-, ■-;?-w- -- 1 -.;■ ..:.'■ ■
5 dozen Clothes Pins .; •"'"- -..:".' '-.:
7 pounds Sal Soda.-:.-r:f.v:vf;-"v4.^«»C 1 2r:
'2. pounds Cleaned eanamtm r^ir^n^'W
S 2 packages ' Seeded Raisins! »H\:"' 17c
-2- cans O:.i Fashioned Lyo ii.-njinv!''-■"•'■Jae'i
2 potmds Dj y 1 (ma Beans.. " 17 £ :
TfEIMTH UNITED STATES
INf ANTRY ARRIVES AT SNELUNfI
Ten Companies of Regiment
That Saw . Arduous Service ]in
the Philippines Reach St.
■: Paul, Under Command of
Xteyt.fe* William L. Pitcher
-r-AttfceFort the Soldiers Are-
Greetedby Their Comma der^
Co?. Owen J. ■ Sweet, Whom
• ''•■■^ The* dC.heej% Lustily
The Twenty-eighth infantry, con
sis.tinff of seasoned veterans of the
Philippine war, arrived at Fort Snelling
yesterday afternoon- and evening, and
immediately started to make itself at
home. Men who have camped in the*
muddy grounds of Luzon, and other
PPU-tP.i.n. the Philippines, found the
comfortable quarters at the fort to
their liking, and welcomed the change
from campaigning to the quiet life in a
-Officerswho-have-Hved in the brown,
rough clothes of fighting men in the
field, and subsisted upon rations simi
lar to those doled out to enlisted men.
dug out their dress uniforms and
spangles, and prepared for a round of
enjoyment, which they rightfully con
sidered was theirs after their hard
(:ampaigir~sn the other side of the
Old army mules, hardened to the con
tinual strain .of . good natured abuse
from their drivers, pulled and tugged at
the straps which connected them to
loads of trunks and knapsacks. Driv
ers who had piloted teams through
nuid/ty .rouds, extending between tan
gled jungles in far off Luzon welcomed
the change which* gave them a hard,
well paved American pathway for their
The first section of the train which
bore the boys in blue arrived at Fort
Snelling over the new spur track in
front of the quartermaster's storehouse
shortly after S o'clock in the afternoon.
This section contained the commis
sioned and ndh-commissioned staff and
band, and was in command of Lieut.
Col. William L. Pitcher and Maj. Rob
ert L. Bullard. The officers and men were
all in good condition, although rather
tired after their four days' journey
from San FrancißCo.
Enjoy the Trip
With the stoical indifference with
which an American soldier regards
hardship, however, the men had enjoy
ed themselves on the way. Officers who
have seen many long trips, and had an
opportunity to judge of the various
characteristics of enlisted men, were
of the opinion that the present person
nel of the Twenty-eighth was as near
perfect as possible to reach, and that
the men were ideal travelers. Every
one made the most of tnff journey,
spending the time with the innocent
amusements which are introduced in'
A mock court-martial while en route
was one of the features of the trip.
One private, charged with stealing a
can of bp.ms, was placed on trial be
fore a tribunal in which a company
cook figured as the judge. Two corpo
rals were appointed to defend him and
i a jury drawn. Everything was run
with strict regard to army justice, al
i though the defendant threw a scare
inio the camp of the prosecution when
'he declared that it was no offense for
a soldier to steal army beans, for it
' was doubtful if a genuine bean could
, be found in the can.
After the jury had been locked in a
toilet room for over half an hour
they brought back the unique verdict
of "Not guilty, but don't do It again."
Greeted All Along the Line
It took twelve passenger conches to
1 carry the first real section of the regi-.
. ment, • consisting , »of fourteen * officers
and 214 enlisted men. This section was
I well : greeted all along the line. Pec
ple realized that the past record of the
men more than entitled them .to con
sideration, and > turned out in a grati
; fying T -manner' to welcome the soldiers
who had risked life and. limb in the
performance of their duty,
i". Regular traveling rations . were serv
ed to the -men at various points .while
fen-route.. Three times a day hot-coffee
. was dispensed by caterers, with whom
!prior, arangements had been made. :
■ The, coffee always had to pass.the offi
■ cers' inspection, and nothing ; was al
lowed tto get by with the marks of
chicory. Uncle Sam demands the best
■ for his: soldiers when they are travel
ing, The men were served with all the
•coffee that they could drink and ■ were
' also : given sufficient; rations tto appease
the appetites of twice their number. '
, Arriving at Fort Snelling, the : regi
; ment greeted its • commander, the vet
eral : : Col. Owen J. Sweet, who 'has
been away on a leave of absence 1 for a
month. With hearty - cheers % the , men
showed their appreciation ; of > the officer
who has been a fighting man ever since
jhfiHftV c»«=vtlie;i Civil r. war. Col.
Sweet- enjoys '"the" unique distinction of
being the only officer in; active service
who marched ;.with Sherman to the sea
irPthe hiatWic canipaign which cut the
Confederacy in twain. -
I ;■: an tltlP"first"§eclTon i was the colonel's
st^ff afcd' alsp-^the^arives and children
of sewtfal of t the enlisted ■ men's ■ wives,
.who iravel -natfe tbeir, husbands, at the
'expense n of .Uncles Sam. - The women
»ccci ved^BHSaffrattlttentlbn'. at r Snellin*
and ■ immediately >■ picked -> out their
quarters, and started : theu^ual house
hold 'i duties * and work ?■ of c putting ' the
quarters in order. \\"
I; I Fr*e Cofnpsfeles in First Section ;
\ i Five ■ companies. A, ■B.\C, :. D and I.
were" m the,section I which I first came to
its new-*dme.: f ' ; <.\jmpairtes L and. M
s were dropped off at Fort Lincoln, Neb..
where I they will fc be iin r garrison * until
further orders. The • men of the ' last
j two : companies . were • somewhat annoy
ed; by, the i fact that they were to be
separated;. from % the "> rest :of * the regi
ment, for i soldiers \of the Twenty
elgrhth" take- particular pride in the reg
imental -. drills V? and M ceremonies, and
thought ; they would : like ; to' be togeth
er in a place where the entire regiment
could ' turn '. out." ** > ,'v* »Vj.
The ::- excellent ■ manner -in which the
regiment was '- haaddled i while ■■ on th«
road 5} brought out favorable. comments
from t officer's", and V men alike. pv The j en
tire ~ journey, « under the £ direction of
;the Chicago*'MilwaukeeV&r St. Paul
road, made t from % San i Francisco •in a
little over four days, was made with
out ; the 1 east i semblari^'of <an j accident,'
and > every arrangement ;; provided . for
the ; accommodation: or '"the troops. The
Qaxs \ were;' exeeptia*»trity ' ; comfortably
and.« every i man bad 3 ample:, room for
v 11ill1 1 linn.; MMC '.-^,.'-" *
Provision had been made for ample
supplies of water, the heating arrange
; ments were of the best, ; and. the : * cars
: were kept neat \ and i order ly.'^ Men i who
had traveler! during the time of the
; SpamsVVAinertvan war. wben j-troops
were onVraihs" 1 for several days at «.
THE ST. PAUL GLORE. SATURDAY. A'OVEMBEB 12. 1904
COL. OWEN J. SWEET
Commander of. the Twenty-eighth In
fantry, Which Arrived at fort Snell
time without being given the opportu
nity for washing eren hands and face,
were loud in their praises oX the pleas
urable trip across the continent.
Delayed by Snow Storms
A delay of twelve hours was 1 en
countered in Nebraska, due to the
snow storms which have swept the
plains during the past few dare. Dur
ing the storms, and the intense cold
which accompanied them, however, the
soldierß suffered no discomforts, aside
from the delays, as the cars were ade
It was after 8 o'clock last night be
fore the second section pulled into the
fort, and the five companies which
comprised this section were immedi
ately taken to the barracks. Their
companions, who had arrived five hours
earlier, had everything in readineßS for
the newcomers, and the unloading of i
baggage and personal effects occupied
but a short time.
In command of the regiment at the
present time is no other than tbe fa
mous old bulldog of three wars, CoL
Owen J. Sweet, who enjoys the distinc
tion of being one of the few officers
who has served throughout wars since
before the Civil war, with never a de
tail in Washington or any of the other
vacations which fall to the lot of the
officer after a hard campaign. Not
since the Civil war has Col. Sweet seen
the national cupitol, so that an idea of
the service he has seen can be gleaned
from this fact.
Col. Sweet's Career
Col. Sweet was born in Connecticut
flfty-eight years ago, and at an early
age, after attending Union .college, en
listed in the One Hundred and Thirty
seventh New York infantry, being
soon commissioned as a second lieuten
ant He was immediately sent to the
front, and by good judgment and con
spicuous pnllantry, earned his spurs as
a soldier and an officer. Time and time
again he received the personal com
mendation of his superior officers for
some dare-devil feat of gallantry,
which, under the surface, always dis
played the cool reckoning of the nat
ural born soldier.
He was in Sherman's march to the sea.
It is of this fact that the veteran sol
dier is prouder than of any other part
of his record. The historic march
during which time the men were forced
in a great part to live on the sur
rounding country, which had itself
been devastated by four years of con
stant struggle, forms a vivid chapter
in the life of its sole surviving officer
in actual service. At the end of the
great march, when the confederates
made their last desperate stand in
front of Savannah. Col. Sweet was in
the front of the fighting: and was the
first officer out of the thousands engag
ed to enter the city.
In 1865. after winning a name, Col.
Sweet waa mustered out of the volun
teer service, with the rank of brevet
major, being especially mentioned by
jio less than five great generals, in
cluding Hooker, for gallant services
at Gettysburg and bloody Chancellors
ville. and for especially meritorious
service under Sherman.
Rejoins the Army
He was immediately returned to
army life, this time starting: again at
the bottom of the regular army serv
ice, as a second lieutenant of the For
tieth infantry. He started up the line,
being promoted for gallantry and good
judgment year after year, and seeing
service on the Mexican border, in the
far West against roving bHnds of In
dians and as far north as the Canadian
border. He fought the Indians In every
manner in which they are fought, and
time and time again campaigned to
long forced marches against red men.
In 1899 he waa sent to the' Phili
ppines as a major of the Twenty-third
infantry, and waa in command of the
Transport Ohio carrying 880 .men and
officers from San Francisco to Manila.
He occupied his time while there fight
ing the Moro and administering mili
tary rule and justice over Jotos and
Sulus. In 1901 he was again promoted,
this time to the rank of lieutenant
colonel and assigned to the Twenty
first infantry. Feb. IS, 19*3. he was
made a colonel, and placed in command
of the Twenty-etrhth regiment, which
position he occupies today.
Here Twice Before
This makes the third time that he
ha* been in St. Paul. In 18S8 Col.
Sweet was here on detached service,
and again in 1901. am lieutenant colo
nel of the Twenty-first.
Lieut. Col. Pitcher has been with the
Twenty-eighth regiment for the past
year, and has seen more than two
years of active service In the Philip
pines. Four years ago he was at Fort
Snelling with the Eighth infantry, so
is no stranger to the social side of St.
One of his most conspicuous feats of
organization, for which he is famed,
occurred during the international trou
bles in China, when he was ordered to
organize a battalion for service against
the Boxers. With the acctiracy of m.
man who knows hfe work, he organized
the full four companies in just fifteen
days, an* in another week was or, his
way to San Francisco. In Japan, how
ever, he was switched to th* Philip
pines, and for the next two years saw
service there, following with two years
For Infanta and Children.
Tin KM Yh Rm Aiwajs Btsgfei
BW,H Big Butter Store
At Lower Price* Than 5 Any Other
. Store m ; the City;;Vi^^
£ ■<■ A : fine lot of Fresh Country Dairy
Butter to offer our Saturday cus
tomers- at reasonable prices. ; The ■
• butter jit^rketT- has raised consider
ably the last week, but you I can al
ways save at least 2c per pound by
buying of us.
'(:' MEDIUM QUALITY
V <fK: GOOD FRESH ' > ll^^r
A nice lot t>l 5-pound jars and by
-i.^%.^. BEST STANDARD r^ RT^
Direct from Baltimore by express
: every day. The best and freshest
to be found In the city. r x^
Lr^>^PiNE v FULL CREAM ~:C?''.~
CHEESE : V. 10c
'f-A A very' .> good '-'cream -^cheese,' Jnat
a little sharp. •■•». ,;-. ■ '
:■'; NEW WHITE CLOVER ?:>:
: HONEY, comb ,f 11c
- Other stores charge 12 %c and 15c :
o » _.
MHiflN DAIRY CO.
Cttlfaiii and Watwska Streets. .
Library Commission - Selects
1 Volumes for Pupils . . -
The state library• commission/ com-:
posed. of the :presidents of .the estate,'
normal schools and the state superin- ■
tendent of public instruction, yester
day made % selections of J nearly > 500 ■
books from which books for the school
libraries may be purchased.," r T.J.j »'-.
--v The state library list now contains
over 2,500 volumes, and Secretary P. A.
Wield was '. instructed ~to cause •to be
printed at .once a: supplemental list of
the • books selected yesterday for" the
information of school superintendents;
and school officers. The state has a :
fund of $20,000 to 'be expended annual
ly in the purchase t>f books; for school
libraries.:and under the law the dis
trict's first • appropriation- of $20 for
books is duplicated' from the state fund.
Additional appropriations .of.i- $10 »-■ or:
over .receive $i» , state aid. In \ dis-:
tricts -having mere than -:one'jschool
building,';each ■building shares in the
benefit of ; the law. i*.:,.\>. - ' ." «VilT*t§£&2'
- Presidents r -F.i: A. W«ld. Moorhead;
W. A. Shoemaker. St.* Cloud; E. W.
Bohannon, :. Duluth; C. ;H. r Cooper,
Moprhead,. and Guy E. Maxwell, Wi- >
nona, were in the city yesterday la at
tendance anon the board meeting.-~-
MAKERS OF BUTTER AND
•.'.': CHEESE TO ASSEMBLE
Annual Convention Will Be Held at St.
!•■•"■■■ Anthony Park Dec. 1
; Secretary' I. .' L. . Cole, of the Minne
sota Buttermakers* and. Cheesemakers'
! association, ■ has issued announcements
•of the; annual • convention•* of - the | asso
ciation, to be- held at St. Anthony Park
'Dec. 1 and 2. ' More than "a hundred
dairymen and - cheesemakers are ' ex
: pec to - attend, and ; butter and cheese
! scoring contests .will be ? held in con
i nection with ; the convention.
' P. H. Keiffer, of lowa,. and .J. O.
• Moore, of Wisconsin, will read papers
before the convention. More than $400
will be distributed in prizes in :: the
scoring congests, and. goldr and silver
medals will be awarded .to the butter
maker and«heesemaker exhibiting■ the
finest article of their crafts.'
DRIVEN FROM CAMPUS
Students f»ut Them and Their Wagons
.'^Tr'TQ^^Jh? University Grounds
■$*' The university students made good
:their--threat* > against; th* peanut•■ and
; popcorn -venders who have been orna
. menting the * campus with their - pres
ence : fqr t£e ; last tw<v months, and th"
Italians had a : rather exciting time of
.it for "about- half. an hour.tv.-^ i-^ •
; The .students put the : six; wagons in
a line and marched them around k the 1
campus l twice r and ! finally turned. them
ove^**t© their V. owners outside ' the
grounds/after extracting several 'sacks'
of peanuts/ and popcorn ito pay them
•for-their trouble. The-Italians seemed
overjoyed to get even " a part fof their
! stock back v and promised that here
after they would sell their; goods, out
side the campus. ' . * . , ■ VVvj*
STATE SENATORS ;
. : ARRIVE IN ST. PAUL
They. Come to See Football Gam«.and
I -«a Engage Quarters> for Winter -. "r
Jfoffi&£~Vt>r-f -~r .. .." -' ■•-.' - :r -.-- .-
A group of state senators came to St:
Paul. last night \ to .:: see the ' football
game. today" 1 and to ' engage quarters ' for
the ■ winter at St. Paul . hotels.' :* ~ "
Senator* William : Lord, Kassen; vR,
E. Thompson. Preston, , and H. F.
Barker." Cambridge,- were quartered "at;
the Merchants. :S. A. Langum. of ;i Pres
ton, secretary of the state senate. for a
'number of. sessions, was with the
party. Mr.'Langum is said 'to be prac
,tically ; insured of: a re-election to his
position.:.*..*> •:/:"• -. : ; *:. ■
EXPENSES ARE LIGHT
.. ' ■ *' «*: —I*-.. . ,■■ '
Defeat •in JRace for Legislature Costs
t Him Only $67.75 v.-;> ■.
. - -■;»♦ •it •* ' %.-..- . • «•!/'■
; .: Joh & : J.i Jacoby, who was; defeated. in
■ hia race far i the. legislature» from the ;
Thlrty-s^vtfEth , district, yesterday filed
his list ,-expenses* with the county
auditor. ... lit -'declares that t;the cam
: paign cp»t turn (5T.75. Going! to balls
and patties, meeting new ii friends and
) purchasing «cigars * and S other refresh
menu cost Mr. Jacoby almost t s3o., i,~,*
As the schedule was not avorn to in
proper style, ; the county auditor re
,turned iit) to Mr. Jacoby s with icrtruc-
I tlons to appear .* before iaj justice and i
hold up his i right * hand.^^ 'r,-' '
IN THE OCCUPANT
Supreme Court Says 15 Years'
Adverse Possession of Private
Land Is Enough
In deciding the case of Theodore
Maas and L. L. Mathews. appellants,
vs. Andrew Burdetzke, respondent, the
-state supreme court yesterday handed
down nn important ruling. In effect
the court holds that a man who goes
on private k:nd in the belief that it is
a portion of the public domain and
open to homestead entry may obtain
title to the land by fifteen years* con
tinuous adverse possession in contra
vention to the rights of the real own< r
of the projtertj.
The case came up on appeal from
OJmsted county. Burdetzke went on
a tract of lhnd in that county and set
tU"j there, in the belief that the land,
was a part of the public domain and
1 sut>ct to homestead entry. He lived
en the lend for more than fifteen
yo.Trs, making the improvements con
templated by the homestead act.
Theodore Maas and L. L. Mathews,
cv.ners of the property, did not at-
tempt to assert their rights, but now
appear ard seek to dispossess the oc
cupant of the land. The supreme court
in the subjoined syllabus confirms the
title in the occupant:
Theodore Maas and L. L. Mathews. ap
pellants, vs. Andrew Burdetzke, re
A person who takes possession of land
in the erroneous belief that it is public
land with the intention of holding and
claiming it under the federal homestead
law may acquire title thereto by adverse
possession as against the true owner.
Order affirmed. —Start, C. J.
Other syllabi filed by the court yes
Alraira Coohran. respondent, vs. James
K. Cochran, appellant.
In an action by the wife for a divorce
1. Condoned cruelty will be revived by
subsequent misconduct of the guilty party
of such a nature as to create a reasonable
apprehension that the cruelty will be re"
peated. even if such misconduct be not in
itself sufficient to warrant a divorce.
2. The trial court did not err in deny
ing defendant's motion for a change of
the place of trial of the action.
3. The evidence sustains the finding of
the court to the«effect that defendant was
guilty of cruel and inhuman conduct and
as to the value of his property.
■4. It i* not necessary to make proof of
the value of the services of counsel in a
divorce case whirv an allowance therefor
ia made at the conclusion of the trial, for
the court may determine the matter from
its own experience and the circumstances
as disclosed by the record.
Order affirmed. —Start, C. J.
J. C. Johnson,' appellant, vs. The Board
; 'Of County Commissioners of the County
; of Norman, State: of Minnesota et al.,
; respondents.. ,- ' . , •
Action to enjoin the erection of.a court-,
house and.the issuing of county bonds on'
warrants to pay therefor, held:"
:.. 1. That >in -determining the debt limit:
of the county, ditch bonds are not to be
.taken into consideration.
i *r." The'find ings of the trial court to the
effect that the -defendants did.not-fntend'
to' Issue the • warrants -.of..the, county^ in
payment. of the ■ contract« priop . for the
erection of a court house arc not sustained
by the'evidence.-" •:"•.-' >»--."'
.'.Judgment reversed and new. trial grant
ed. ..., .. Start. C. J. .
State of. Minnesota ex rel./Dora Leksen,
' in behalf of "Arlene Martin, respondent..
- vs. William C. Martin et al., defendants;
; William C. Martin, appellant. '■
;. A final . order of. a. court commissioner
made in habeas corpus proceedings is, un
der : chapter 357; ; General' Laws 189 S. ap
pealabte within thirty days after it is filed
with the clerk of the district court, even
though it directs the entry of a Judgment
for the relief : awarded. Brown,- J. -
E. . V. ' King, doing business under the
: name of E. V. King • & Co.. respondent.'
vs. William E. Burnham. doing business
under the name of .W. E. Burnham '&
I. The complaint in this action alleged
the sale and delivery to defendant of goods
of the "agreed and reasonable value of
$124.'.' The answer admitted the sale and
delivery of. the goods, but denied that • the
agreed value • was : $124, alleging that, the
goods were sold at the agreed, value of
$50, and. no more. Held that ; the answer
did not state new matter requiring a re
ply. :•>. ■ -;; .
■ -. It is unnecessary when moving for a
new trial of an action under the x pro
visions of chapter 113, Laws 1901, to em
body in the notice; of motion the general
grounds - specified in General Statutes
1894, section 5338, except perhaps where a
m«re reference to the ruling complained of
would not disclose the particular respects
In which it is claimed to bo erroneous.
T*Order; affirmed.' . Brown, J.
John J. Thonuwen. respondent, vs. Henry
A. Krtz. appellant. -
Defendant, a wholesale dealer in fruits.
produce and vegetables, caused plaintiff's
name to be published in the St. Paul
Produce Exchange an a "delinquent debt
or," and plaintiff brought this action for
libel tp recover damages therefor. De
fendant interposed an answer in which he
pleaded, among other things, and as a
counterclaim, that at the dates and times
therein stated defendant sold and deliv
ered goods and merchandise to plaintiff
to the value of $18.55, for which amount
he demanded affirmative judgment
against plaintiff. Held that the account
for goods sold and delivered is not a
acopei subject of counterclaim In this ac
Order affirmed. —Brown. J.
BY JUDGE FINEHOUT
Continues Neighborhood Row Case
Until Next Year
Judge Finebout pronounced the judg
ment of Solomon yesterday in a neigh
borhood row case that came before
him. Mrs. H. Silver-man, of 16% West
Third street, caused the arrest of three
of her neighbors after a row about a<
week ago and charged them with beat
ing her up and threatening her life.
The women arrested were Mrs. An
son, Mrs. Frederickson and Mrs. Smart.
i who live in the same building wUh the
The testimony went to show that
there had been a row. Mrs. Silvermax.
■aid that Mrs. Frederickson came to
her rooms and demanded in a hostile
tone what Mrs. Silverman had been
saying about Mr. Frederickson.
The row then started, and It is al
leged that other women took a hand
in it much to the mortification of Mrs.
The defendant* denied the testimony
of Mrs. Silverman and the judge con
tinued the matter until the latter part
of January next year and warned the
quartette to keep the peace in the
Fire Destroys a Barney
The barn of J. J. Grathwol, a Robert
street cigar dealer, in the rear of his :
residence. 731 Marshall avenue, was
almost totally, destroyed by fire yes
terday, er.taiHng a loss of nearly $390.
The barn of T. A. Johnson, 726 Mar
shall avenue, was also damaged to the
extent, of $75 by the flames. The cause
of the fire is unknown.
*• P«ul's Silk Selling Store,
Field, Scblick $ Co.
Entrance* Wabasha. Fourth. Fifth arid St. Peter StaTo^-n^'v-.^V.-V'
The doll show and sale
i :-^:t^lop^ns\ today ; I ■
Here's a treat for old and young, for never ; were so many
dolls, so many kinds, such beauty and such cheapness,
gathered together under one roof. • • gfe^ &
An importer's sample stock. We bought them bslow
I^C^: j^^^ import f cost, and the sale prices today are ■ •
About haJf the usu&J retail figure
The great sale of women's
winter coats and wraps
"s^ZJ^^^sr^ssi sms store as the f»untain
You c&imct be entirely fair to yourself, in buying a wrap,
without g-o*ng car^ully through this vast Assortment/with
iti paces, to suit aJI. ■ ..• ; . : v.;; ::v.v ::.•■:-■•: :-, • ..• -:; ■
160 brand new winter coats, strictly T "New winter coats in the most im- "
Som ed *"»«*** all lengths proved • styles of tourist and other 3
cheWots SbSllnS iateri f? ~ "* *e°tS: fiDeSt °f mixtures' cheviots and
heavy weight mixtures. ;; vJJJr'7r: I lined? other's 'hatf'hSd. 11 rI C V Aft
Special • •.-.• -i,;;.; • 1;/^' •/ *V© / .&; Special price v.. . ... :.. J; I^.UU
200 children's and misses'winter coats. Eight different lines of women's and -
including i fine cheviots, ; zibelines' and misses', winter coats and wraps, splen
other fine mixtures, 6 to . *- — did materials and styles; £~£ .- v_ —
14 years, sizes. "- .../•50 a grand chance for small IA AA
; Price / »O V women. Price lU a VU
• ■ -' * ' '
For men: underwear: for men
Things ; are moving lively in this department these days. T A repetition of last
; year's experience, and of every year' for that matter. Men will not buy
ahead—at le«^t*tea bulk of them waft until necessity: drives them to make 1
. winter imrchasesand the cold. snap brings them in in a body. ; "
;•. IJ**-*^V*;^*^»*^.«s~_'»^i :': .— ■:<-:■--■- ? "--a-.- ■ ■■■■-.? -n-.—• -.-■ : .-■• , -1
Some things worth coming for today:
Special:. Heavy • " natural \ gray wool f Special: - Men's ■- full, ' rer-ular C v made
shirts and-drawer^warm" and soft, a "Winsted" natural 'gray wool shirts or
thoroughly..reliable line, . — «>^" drawers;.l v an exceptionally nice gar
one that Ve'Ve^Bora TTor i ■■■ ment for warmth or wear. M y*^
many-Tears.-'Sale price, -; v ■\J Price, each .. .V :......... .2.00
the garment......... -~Jr , r , - _VY
, „ ■•■• „ - ' --■*- Men's Union Suits— "Munsing."
Special: Every try the "Musser" sock extra heavy, wool plate. This suit is
; for men? Made q£ Australian wool; looked upon as the best of its kind
the best, in the world at. the'- rrfk]— on. the market. - Price ■• -- -m m
price..;;... ....~™..v....^5UC 0n1y..,..........;..,. v .....;.^50
DASHES FOR LIBERTY
Prisoner Knocks.Down Officer
'i'T and Makes Wild Run
Stephen O'Connell, a prisoner at the
county, jail, while awaiting trial on an
indictment", charging forgery, made '• a
j dash for liberty yesterday.: afternoon
■ and So<!oee'(ied in getting away from
Deputy . Sheriff Reichow, who" had him
in" ohar^e~b.ut y^'j; recaptured after a
short chase/. ..." *.' v : ... .' .. . .
O'CopneU was being returned to the
' county jail after receiving a continua
tion of his trial in Judge Brill's.court.
Reichow, with O'Coni^ll and another
prisoner," James "Ward, charged with
grand larceny X in v Jthp, second \- degree,
had just entered, the jail yard I when
O'GpnneJl Btrnckialt"tßeichow, knocking
him down," and then sped down St.
Peter street. ■ ~ ,'".,•' .
- Reichow, ' wirh the assistance of
Ward," got to his fee t and , started on a
chase after the man. The chase, took
him into the Lowry arcade, where the
, prisoner ran up the steps, entering on
the St.. Peter street side, and attempted
to hide in Dr. Leaviit's office. He was
soon discovered by Reichow, however,
who collared r him and led him back to
the jail without tr.ou.lile.
Ward, the w other . prisoner, received
considerable v pwds« *'% for his conduct,
not having tried to escape when Reich
ow yaykttodlc^<l 4d6Vn. A •• •/-.
Mrs. Ann Rhatigan Dead, -
-3 Mrs. 'Ami J Rhatigan, 1 ■ one of the old
settlers of Ramsey county, died at the
home of her daughter,: Mrs. F. J. Cut*
len, «67 East-Seventh street, yester
day t morning. She ' was the widow of
Patrlck'-Rhatigan'-ard is survived by
several "children." • Services will be held
. from 1 the daughter's residence at 8:30
Monday morning. The funeral will be
held: from St. John's Catholic church
at 9 o'clock. Interment will be at Cal
vary cemetery. •= r ■' *-—
:.:i*)uiiii a .:'. ..., " ;fii ■;•*•—. ■ .;
; A GUARANTEED CURE FOR PILES-
Itchinf, Kind, .Bbeding or Protruding P!!ai
Your dnitttst wCI' rsfuml mon»7 if PA ZO OINT
' MENT f»::» to curs you in 6to 14 Jays. 50c. -
"'Have In "a v few years . become - the "most •
■ popular in • the ' Northwest. They are
\etjtial.ln all. essentials (that go to make a
; first * class -: piano) to the best i and yet:
f prices are moderate. They have been pur
chased by leading .' musicians, music '
- teachers." school?. ■ ; college*. ■' churches, f.
lodges and thousands of private families. -.,
It '-'is \ the-- greatest Piano ever manu
factured at a moderate • price.
If i you will write us at once, mentioning .
this paper, we ■ will tell you : how yon . can
obtain one FREE OF CHARGE or nearly
co. Call;or write. at once'to-: /
otifTT-»-'" . '": •'■^-•.*--..':;. •-;■■-'■ • ■ »
K| S W 1
1 SCO. VIJ
n.rßaudtnbush-Bldg., St. Paul.. Minn.-' "
703 ;Nieollet' ii'Ave. f Minneapolis,' Minn.
FOR CAPITOL PARK
Representative Hlckey Favors
Setting for Building J :;:
A new park in front of the state cap-
Itol, to be designed on the ground now
held ■ -.by. the city as . a park, ■ isi^th* 1
scheme which Representative. James
R. .Hickey has in mind and -which he
says he will attempt to ; pass through-:
the state legislature»in thei coming. ses
sion. " _| "* ■'. ". '. '"j
. "I: think that the ' grounds ■ adjacent
to the state capitol should be in keep
ing with the magnificent building it
self," said Mr. Hickey yesterday, "and
I will do my utmose to have them so.
The city can condemn buildings that
are in the . way : and also the present
Central park, and the state .take the
entire property, thus giving g ample
grounds for an .approach which ■ wtll
equal in some respects that of. the na
tional capitol at Washington. '.:■» . =.
"In. but few states in America can be
seen such a building as the great mar
ble palace on the hill. The grounds
surrounding the building are being
graded at present, and.when the spring
opens . will be a mass of lawn which
will set off the white building In a very
. artistic style.' But here the magnifi
cence ends. The Central | park, which
belongs to the city, is about half wide
enough. for , an ■ approach, and is - also a
miserable affair when, placed • In- com
parison with the building which it par
♦ May Be Hans Hanson .■
- The body of an unknown man, found
on the tracks near Owatonna. Minn.,
Thursday, .is thought to be that of
Hans Hanson, who recently lived at
Greenbrier avenue and York street, in
this, city.' Hanson was ' employed ;by
railroad contractors , and. leaves a wife
and.two daughters. The description of
the dead man corresponds with that of
Hanson. -.-".'" '. .;.....-
TO CURE A COLD IN ONE DAY "
T«k« Lixttlr» Ercrrio Outnino Tablets. All.drii^..
riata rafuid tiv» moiey if It falls to care.. E. 'V.
CrovVssicr.aturoUoneachiox. 25c. T ".-..',.
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