Weekly Press, The (Newspaper) - June 4, 1908, Saint Joseph, Michigan EIGHTEENTH ST. MICH. JUNE 4 1908. NUMBER 13 BRINGS OF APPEAL OK HOFFMAN VS. HOFFMAN CASE IN COURT FILE ANSWER TO MANDAMUS PROCEEDINGS BROUGHT AGAINST THEM Attorneys In Case Have Little Attorney Brought Into Hearing Through Order of the Action Depends Upon Two lasers of Fact Propounded by Judge SOME Is Cyrus L. Dillay worth Did the of the lage act in good Is the bond offered sufficient to all intents and WHS and anger shown in the rejection of Case and Is the village board of rien Springs opposed to the 11- cense of more The above are some of the questions propounded at hearing of the mandamus against the village of Berrien Springs in which an der to show cause was issued by Judge for the council to pass An- other reason prominently noticed in the was that the bond was not rejected because of any The matter of the mandamus against the village of rien which was brought by Case and Hamilton through their Charles E. White and George A. waa called for a hearing this morning in the circuit Introducing the subject Attorney for the read a portion of the answer to the allegations of the saloon desiring to engage in business in Berrien He had hardly concluded his remarks when Attorney Lambert was on his In a vigorous manner he sailed the village board denying that Attorney Gore was employed as counsel for the aud that he had not been employed as such by any action of the That At- torney Gore was employed by Mr. president of the and not by the With a rapid fire of words the Niles attorney scored alleging that the answer was made through the president of the village when he was not authorized by any act of the council to proceed with a fight against the mandamus and that the relators In the case were ready to proceed with the The question of the attorneys representing the lage then became a subject of ed and Attorney Gore re- marked to the court that he was employed by Mr. Sylvester and one of the Judge Coolidge then thought that the village ney should conduct the and called Attorney Cavanaugh before the you appear and contest these do the and he withdrew from the After some little discussion Judge Coolidge again asked for Attorney said the you should act as the attorney of ord in this I do not think the fact that you have been ignored by the council of the village should deter you from appearing You may have Mr. Gore will be allowed to assist In the The matter was then settled and the first witness to be sworn waa Cyrus U The proceedings dice or anger towards the firm of Case and Judge Coolidge then framed the sue for the parties to proceed with the hearing resolves itself in- to two matters of fact Is Cyrus L. Dillay worth the sum of and above executions as stated In the Second Did the trustees of the village act in good faith in rejecting the bond of the said the and then Attorney Lamber re- cited his side of the in which he affirm that Cyrus I is worth the sum of 000 as provided in the We affirm that the village board of Springs acted with and feeling in the rejection of the bond of Case and Attorney for the then stated in reply that the board deny that Cyrus L. Dillay is worth the sum of and also deny that or anger was the reason for the rejection of of the liquor That bonds as presented were as cne of the bondsmen was unable to qualify tor the required sum There was no question as to the responsibility of Samuel one of the as he was ered ample security and worth the amount mentioned and required Interest in the case has drawn a large of prominent Berrien Springs citizens to the court room and the auditors seem anxious to have the matter disposed of in a fi nal manner before the village has had trouble regarding the saloon question and the approv al of bonds of liquor dealers this and there seems to be an opinion existing In the village tha no more than two saloons are de- sired in the The hearing will probably be concluded before the court this This morning Attorney James O'Hara for the plaintiff in the cue of Hoffman brought to the court's attention the matter of the filing of the decree signed by the court seme time The attorney stated that he was desirous of making an appeal to the supreme and that the decree which was ordered and signed in the denying the relief prayed and of an adverse opinion to their had not been filed by County Clerk Miners for the reason he had not received the sary fo essential in the Upon hearing the remarks of the Judge Coolidge instructed the clerk to forward to the attorneys a letter asking that the amount of the fee for filing be sent at that the decree be filed for the purpose of enabling Attorney perfect his appeal to the supreme I DOG ATTACKED WITH THE BIKS CREATES MUCH EXCITEMENT ORDERS MUZZLED President Baker Has Ordered Every Dog in the Village lation of Snch Order Meaas Death to the of Phillip Cutler LBE NHL BOAT TO RUN BETWEEN SOUTH CHICAGO AND MICHIGAN CITY June 3.--South Chicago men have organised and Incorporated as the South Shore During Ic Transportation company to operate a boat line between South Chicago and Michigan with a run up tne Calumet to Riverdale The company has purchased tha little steamer R. E. ly operated as a refitted her and renamed her the South The little passenger boat for- merly operated at St. has also been The South Shore will leave the harbor In the morning and connect at South Chicago with the which will make the met river The same will be made In the evening on return of the Shore from Michigan ANNUAL CONVENTION OPENED IN THAT LAST NIGHT THE ROAD FROM GRIND RAPIDS WILL BE CONSTRUCTED Work IK Now Being Rushed on Con- struction From Saugatuck to South Build South in Few Has Been There is iu the twin cities a ty of headed by Charles A. gathering data for the construction of a new lan road from Holland md South connecting with city of Grand Mr. in conversation stated that road had been and would surely be con- and that it was the lon of the company to complete the rork within a This will give through interurban service to Grand from this and will be- a part or connecting link with proposed Bend making a line of direct from Grand Rapids Coloma has a mad dog All the village is agog over the ance of an animal attacked with the and before the dog had been captured and shot it had bitten eral other canines running loose on the streets of the quiet little village While the mad dog was at large terror feigned until it had been cap tured and put to The little son of Phillip Cutler was bitten by the dog in its mad tour of the and fears are now entertained for the safety of the dogs bitten during the As a result of the excitement President Baker has issued an der that all the dogs In the village be muzzled at The order of the chief will be strictly enforced and a violation will mean death to all unmuzzled It is thought that the recent hot is for the at- tack of the rabies among the ea nine South has confirmed interrogated the your replied Merchants Spend in to Entertain Over Visitors at the Gathering of the June a band concert on the balcony of the followed by a tion to visitors who reached the city last night the annual convention cf Michigan Elks opened last night It is estimated that there will be visitors in senting practically every lodge In the lower peninsula and the majority of lodges in the upper Every business block In the city is decorated with the lodge colors and the American Bunting hangs from the top to the bottom of It was estimated las night that no less than has been expended In A large arch spans a the side of the Elks were continued through a proposal j of the court to adjourn the matter until next but met with ob- jection on the part of the attorneys for Case and The substance of the answer to the order to show cause as recited by Attorney resolved itself In- to one simple reason why the bond of Case and Hamilton had been re- giving as that reason that Cyrus L. was not worth the amount scheduled la the and therefore It was In Itself At 10 o'clock this morning there will be a reception for stale officers and delegates in the A1 2 o'clock there will be a trolley ex- cursion to all parts of the city The first state meeting will be at 5 o'clock and the welcome ad dress will be delivered by Mayor F H. past ruler There will be a banquet at 9 at the Hotel The parade will be the feature o the It will take place At o'clock Thursday iy The Hanna which is an interurban system con- Bend and the statement that MOTION FOR NEW TRIAL IS DK NIED BY JUDGE COOLIDGE Other Court Matters Attended This Court Ad towns It Will Not Convene Again Until June Assignment It was late this morning when Judge Coolidge arrived from Miles and court did not open until about 10-30 One of the first matters to command the attention o Judge Coolidge was that of the de cislon regarding a motion for a new trial made some time ago in th case of Harris Company vs. B. M. et al. The coutt ed a verbal opinion in the case and denied the motion as asked by ELLY USE MANSLAUGHTER CASE WILL PROBABLY GO TO THE JURY IN A FEW HOURS Prosecutor Declares That Mother Sacrificed Baby Religious Con- Makes Fight for an Hard June gument in the manslaughter In the case of Morton vs. tho with the building of a line ing Chicago and Grand Rapids the construction of a road extending St. Joseph to Michigan City and east to will be put under The plan of the capitalists who will finance the line in the dis- named and the lianna is to establish interurban con- between Chicago and Grand and with the construction of a line to Niles to open the way for communication with PRESIDENT IS THROWN HH HIS HORSE HAS NARROW ESCAPE FROM RIOUS ACCIDENT IN ROCK CREEK PARK to The Daily Washington June Roosevelt late yesterday afternoon had an exceedingly narrow escape from a serious accident while back riding in Rock Creek His hone reared and fell backward into the creek but the president slid off and escaped being Ho got a thorough Michigan Central Railroad forty days were given to prepare a motion for a new trial and ninety days for a of Eleven were awarded as the terns fixed by the court for the of the case of Ewait va. which tome time ago was The case will be tried at the next term cf The court made the following of chancery cases mencing June to which court will be There will be no court on the week of the re publican con vert Ion to be held in June 99. June June 117. June 120. 109. com- case is half All of th testimony was in this morning am the afternoon spent hi At the last moment the defense tried to have about twenty persons put on the stand to testify to the curative efficacy of the faith but the court excluded it. The prosecutor in his argument declared that the two close friends of Mrs. who were with the mother during the Siemens of her Mrs. Copp and Mrs. morally as guilty as Mrs. This brought out a of words from the te also declared mat this was a lear case of the mother sacrificing baby for her religious Frank T. speaking for the based the plea for acquittal four that the mother did not actually know that he child was seriously sick until it was too that she did lot believe that medicine could do baby any that the did not die of and that a doctor could not have laved the child had he been of these the defense claims to have ELECTORS VOTE US FOR HL BOUNTY n NOW AN SURED THING MUST One Hundred Fifty-five Wero Cant at the Special Election ed for the ed by Proposed The electors of the city yesterday voted for the establishment of a county normal training While the vote was light it was de- eleven voting against the proposition and one hundred three in favor of the one blank being The county normal will be run in connection with the public and will receive financial aid from the state to the extent of while the county and city will each contribute making for the support of the It will be noticed that the expense of maintaining such a school is practically of little ex- pense to the and the benefits to be derived are of incalculable It means better things for St It means that the city will be visited by a number of studious and energetic seeking a normal course which they will receive a normal As full credit is given In the state normals for work done In the ty it cuts down the normal course about It makes possible the acquiring of a course by many worthy young ple who otherwise find this Middle-aged gent would like board and lodging for summer and autumn with ed companionable widow not over 35 or 40 Please state number iu price pe X W. D. General City Going out of Forced to account of ill All my linery goods must at cost B. 312 State 6-S-d-6t The only in the world tha kills rose it Is also used fo a Leave you orders at once with Andrew Kramer If you try a Prats Want 497 State On account of continued ill health I am compelled to close out m stock of Everything at cost Mrs. State Australia's Largest Australia's largest cattle herd to that running on the Victoria river Northern miles south of Port It numbers 60.000 head P SETTLERS PICNIC ANNUAL EVENT BE HELD IN BERRIEN SPRINGS NEXT WEDNESDAY Following Is the program to be rendered at the 34th annual of the Berrien County Old Settlers at Berrien Springs Juno 10 a. 11 a. to Appointment of s Adjourn for p. to p. to M. H. Opening Remarks by the of the R. D. Address by the Hon. 0. W. B. Short Address by of Yonng People's Walter Report of Report of Short Addresses by Old p. on Main street by Prof. Herb's Military Unable to Together Lovers Carry Out Death Pact roses on their Kares and June ing in their best attire and pinning budding Bertha Benedict tian of a suburb of this committed suicide day by The case Is a most romantic The former who was 20 years old was married two years 8. 1. ago to George and was looked on the belle of the Some months ago sne was Recently a letter to her from Informing her of an bequeathed to her In that Mrs. Kares then came to this land Informed a wholesale liquor dealer of the The latter turned her over to one of his Sebastian who Immediately fell in love with Owing to their religion they could not because the woman's band was still They resolved to Anna lay on the bed In her room and crossed her hands as if in With a smile on her lips and ing at Sebastian she calmly awaited a pistol's shot then the revolver at her left temple and Turning the weapon to Ms Iowa head he again putted Ike ger. They were both dead the room was bant girl's
