Semi Weekly Iowa State Reporter (Newspaper) - January 29, 1904, Waterloo, Iowa io WA STATE REPORTER 47 WATERLOO IOWA FRIDAY 39 A RACE WITH DEATH Record Making Run of 1377 Miles in 32 Hours NEW MEXICO TO CHICAGO Death Wins in Contest With Iron Horse Few of the Dead at Harwick Mine Can Be Cage Kills Four at Brownsville Kill ed By Explosion at Foster Iowa Jan Santa Fe special on which Chas W Clark started in a record breaking attempt tw reach the bedside of his dying wife ia New York reached Chicago at this afternoon Clark has been noti fied of ais wifes death The special saade the trip from Albuquerque N M 1377 miles in 32 hours and five Minutes Clark leaves at for York LAWYERS ARE TANGLED Arguing Motion at Late Hour This Af Introduced The case of Henry Burke vs the Creamery Package Co today resolved itself into a struggle to take the case from the jury The attorneys were still arguing a motion to direct a ver diet for the defense at oclock this afternoon All of the evidence was introduced this morning The case resolved Into a tangle over a le gal technicality rather than mere evi dence The testimony introduced showed that the son Harry Burke who died from the effects of poison drunk from a jug secured from the Creamery Package Co entered the plant of the County Line creamery and asked for a drink The jugs were in plain sight manager of the plant referred in talking to one containing buttermilk while young Burke noticed only the one containing muriatic acid The evidence introduced led the de fense to move for a The little son of Mr and Mrs L T Medd is seriously ill of bronchial pneumonia DECEIVED BY HIS CLIENT Attorney Withdraws Because Client Fails to Make Good Chicago Jan Clare attorney for James G Tilbury a former coachman for Mrs Hollis M Thurston a prominent society wo man whose client was on trial charg ed with blackmail today withdrew from the case because Tibury was unable to produce letters he claimed to have received from Mrs Thurston of an incriminating character BATTLE WITH BURGLARS Druggist Kills One and Wounds An other of a Burglar man early today discovered burglars his drug store in which is located a Deichman had a pistol duel in which he killed one burglar and wounded another who es caped with a third man who was act ing as lookout TO OTHER TOWNS Farmers Mutual of Buchanan County Planning Vigorous Campaign Corn ing to Young Man at Shady Grove Hurt FEW Meet of Harwick Mine Victims MutU ated Beyond Recognition Pittsburg Jan 11 day ninetytwo bodies have been taken from the Harwick mine at the foot of the shaft today to be and between sixty and seventy bodies are still in the mine The identified number 21 Shady Grove Jan to Daily Buchanan county Farmers Mutual Telephone Co the greater number of whose members reside in this vicinity is planning a vigorous campaign in the construction line in this section the coming year The company was organised less than about 250 miles bf wire in ayette and Benton counties By this ime next year it will be operating everal rural lines and toll stations n other counties adjoining A meeting of the stockholders of he company was held in the Denny chool house in Spring county last Saturday night t which the feasibility of constructing line from this Laporte was rought up for consideration The had previously made a prop sition to living along the line and of them were present at the meeting to talk ver the matter with the company Another meeting will be held next evening to advance the RECORD BREAKING COLD Cattle Frozen Stiff in Barns With Thermometer 48 Below Bessemer Mich Jan night was the coldest in the history of the copper country the eter registering 48 below zero Cattle found frozen stiff in barns and aH outdoor work was stopped IOWA MINE EXPLOSION Two Men Instantly Killed and Others Injured at Foster roster Iowa Jan Ste vena and Alexander Carbon shot firemen were instantly killed and several others injured today in a mine explosion here caused by a windy shot cheme The Farmers Mutual has lines from here to Jesup Littleton Brandon ana Rowley The company s capitalized at The annual pf officers the first Tuesday in resulted in the following Herdon D Mount Robison New Peek Fred Kinney son of Wm Kinney he merchant suffering from a badly dislocated shoulder which he received the other evening in falling torn a riding with a crowd of young people ANOTHER MINE ACCIDENT Four Killed By Falling Cage at Brownsville Pa Brownsville Pa Jan a number of laborers were being lower ed into the new shaft of the Briar Hill Coal Co near here today a cage broke and fell to the bottom three kundred feet below Four men for eigners are killed and a number are injured Reply Will Be Pacific St Petersburg Jan reply to the last Japanese note wil probably be despatched on Saturday tbe thirtieth It is intimated semi officially that the reply will be couched in pacific terms Return Verdict of Suicide London Jan inquest over Whitaier Wright today resulted in a verdict of suicide with cyanide 01 potassium C B Moore has gone to oa business CASE IS REVERSED Supreme Court Decison In Stanley vs Eddy ERROR IN INSTRUCTIONS Merritt Stanley Plaintiff In Action Now Dead Celebrated Case Which Attracted Con Attention in District Court Bishop Reverses Judgment tc Plaintiff in Lower Court Justice Bishop has revers ed the decision in the celebrated case of Merritt Stanley vs Willard Eddy This announcement will come as a surprise to many members of the Wa legal fraternity and persons in in the action which was begun in the district court of Blackhawk county in 1899 The action was begun in the lower court by Stanley who af ter the trial and appeal to the supreme court died near Janesville His death was undoubtedly hastened to some ex tent by the troubles arising over the action and it is stated his body now lies in a potters field his death un mourned by anyone At the time he passed away he had no money or friends and was fortunately given even a decent burial E EWilson was appointed admin of the Stanley estate and his name was substituted PS the appellee in the case after it went to the su court The action was brought to recover judgment at law for the value of certain property it being al the plaintiff had been divested of the title and possession by lent wrongful acts of the defend I C FIREMAN HURT Young Man is Confined to Hospital at Iowa Falls Word was received here late this afternoon that George Hadley a fire man employed on the Illinois Central between Waterloo and Fort Dodge had the misfortune to fall from his engine near Iowa Falls today Mr Hadley was firing on train No 52 and was coming toward Waterloo The injured man has been placed in the hospital at Iowa Falls Few lars of the accident are obtainable but it is surmised that the engine was in motion when he was thrown The gentleman resides on Fourth street defendant to accept a sum less by than the amount due would be binding upon him still we are wholly unable to construe what was said and done be tween the parties as an agreement on the part of Eddy to accept the sum paid as a full redemption from tie sheriffs sale As we think the most that can be said is that the payment was made to apply on the judgment and that it was so understood by the parties This being true it follows that the tions complained of were by reason ofany facts appearing and should not therefore have been given The Appellees Recourse The closing sentence of the decision reads as follows For error in giv ing the instruction to which we have made reference the judgment must be and it is reversed and the cause is re manded for further accord ing The attorneys for appellee will un doubtedly continue the case further and a new trial is not wholly ted The decision of the supreme court is important as the case attrac ted considerable attention at the time of its trial in the lower court and af ter the appeal was made WITH JOINT COMMITTEE MRS P A SCHMIDT DEAD Deceased Lived in Waterloo for a Per iod of Thirtytwo Her Home With Albert Holzer Much of the Sunday From Thursdays Daily Mrs P A Schmidt died at oclock this morning Breaking down with old age and cold was the cause Death occurred at the Albert Holzer home 228 Lafayette street Her maid en name was Louisa Rosena Kuppen hoefer She was born 1 1817 in Schorndorf Wuertenburg Germany A MISSOURI CANDIDATE Cyrus P Walbridge of St Louis Pro posed for Vice President Kansas City Mo Jan re publican convention of the Fifth Mis souri district today elected delegates to the national convention at Chi cago and instructed them to vote for the nomination of Roosevelt for dent and Cyrus P Walbridge of St Louis for John Smith has gone to Clinton on business for Lichty Hill man Co There was a judgment in favor of the plaintiff in the lower court and the de fendant immediately appealed the case Mullan and Pickett acted as at for the appellant and Dawson and Estey with Boies and Boies for the appellee Reversal on Instructions Supreme Justice Bishop in his deci sion states the made on an error in instructing tie jury in the lower court Merritt Stanley who was living at the time action was he gun in the district court was the own er of a 160 acre farm several miles north of valued at In September 1897 the defendant ob a judgment against the plain tiff in the sum of 450 The judgment also included one who as principal and Stanley as surety exe a promissory note to Dr Eddy The farm was sold at sheriffs sale to satisfy the judgment the sale bring ing something over a sheriffs issuing to the defendant In the lower court it was alleged that a few days after the sale the plaintiff paid Eddy constituting the judgment and costs directing him to apply the amount in full redemption of the lands and to which it was alleg ed Eddy agreed Fraud Was Claimed The startling allegation however was that Eddy without the Knowledge of the plaintiff and in fraud of his rights and with intent to wrong and cheat Stanley out of his property pro cured from the sheriff a deed to the land which was recorded Under this deed Eddy was said to have entered upon the lands ousted the plaintiff and secured possession The defendant admitted all allega tions except that redemption was made as stated above asserting that no money was ever paid Eddy for this purpose The right of the plaintiff to recover rested entirely on testimony and proof that redemption was maJe In the supreme courts decision it is Now that the sum of was paid to Eddy on February 201899 is an undisputed fact as shown by the record It is not contended that any other sum las ever peen paid as and for the purpose of redemption of the lands in question Continuing two sections of Judge Blairs instructions are quoted after which the decision says The giving of each of said instructions is made the basis of as of error and the contention of counsel for appellant is that the rec ord is entirely barren of evidence upon which to predicate the giving thereof or to which the same could have rela tion Instructions Unauthorized The decision says further Admit ting now for the purposes of the case that an agreement on the part of the brother Christian They were months on the ocean leaving Hamburg May 4 and arriving in New York July 4 They settled in New Boston Erie county N Y A brother still survives at New Boston She was wedded at New Boston to Paul A Schmidt Dec 31 The couple came to Iowa September 1853 and settled in Jack son county coming from Freeport 111 west in a wagon before railroads en tered Waterloo From Jackson county Mr and Mrs Schmidt moved to Du buque where the husband died May 24 1869 She came to Waterloo in 1872 and has since made her home with her children here spending most of her time at the Holzer home The ing children are Mrs Mary Holzer Jacob G Schmidt Waterloo Paul A Fort Missoula Mont Henry H Vic tor Col Christ J Dysart la The children have been notified and some will be here to attend the funeral Christ has been in Waterloo but re turned to Dysart yesterday thinking his mother was recovering She has Iowa 50 years Deceased was a lite long member of the Lutheran church and joined the First Lutheran Evangelical church when coming here The funeral will be held at the Hol er home Sunday at oclock and at the church on Jefferson street at 2 oclock Rev Hasskarl will officiate Interment will be made at Fairview Mayor P J Martin and City Attorney Williams With Other Municipal at Work in on Subject Near Heart Des Moines Jan shall not make laws for the cities and towns of Iowa This is the slogan of the legislative committee of the Iowa League of Municipalities which met in Des Moines yesterday to con fer with legislative committees The committee appears determined to se cure a number of revisions in the laws and also to enable the towns of Iowa to make greater strides toward municipal ownership of public utilities the committee will remain in Des Moines until Friday holding three sessions with the committee on cities and towns from the senate and the committee on towns from the house The members of the legislative com who are present are Mayors F M Norris of Mason City P J Martin of Waterloo J C Williams of Oskaloosa A N Albertson of Washington D S Morgan of Coun cil Bluffs F K Stebbins of Iowa City C D Houston of Cedar Rap ids city solicitors J E Williams of Waterloo W H Bremner of Des Moines W K Kincaid of Newton City Clerk A W Gates of Keokuk The present laws governing cities and towns are obnoxious to the league It is ridiculous said one of the members that laws enacted twenty five or thirty years ago by legislatures which were made up of farmers should govern our cities today The laws were made exclusively for the benefits of the rural sections and do not allow towns or cities to themselves of modern necessities Iowa is an agricultural state but 48 per cent of the population reside in towns and nearly 60 per cent of the valuation pf the in towns which the tive committee have drafted or plan ned are the following A uniform system of bookkeeping for the cities and towns of tion of books by the auditor and pen alties fornot conforming with same changes in provisions in cade regard Ing special benefit assessments a compelling cities and towns to gather and keep statistics regarding all ex it being the object to fur nish data for smaller towns planning to make improvements and also to enable the residents to know just how axes have been spent an appropria ion for per annum from the tate to assist the Iowa league in law ANOTHER FIRE ALARM Both Fire Arrive on Ground But Not Needed Another misunderstanding between a gasoline stove and its operator this morning at in the neighborhood of box 15 called the fire de out and caused considerable excitement The trouble was in the house at 316 West First street only a short distance from the small blaze yesterday morning The of house turned on the gasoline before the gas was fully generated which caused the flames to flare up and catch fire to a strip of wall paper hanging on the wall Both fire depart ments were called to the scene but the fire was a friendly neigh bor before their services were needed At the present price of wall paper the total loss will not exceed eight cents The expense to the city IE HMD IN OF NEW ELECTRIC LINE MARSHALLTOWN DECIDES Held Final Meeting Last Night and Will Enter Iowa State League Marshalltown Jan to Daily the for feit pledged to secure a franchise Harry Rogers chosen as temporary manager and plans under way for the incorporation of a stock company the proposed Marshalltown baseball team Appears much of a certainty An en meeting was held here last evening J W Myers manager of the Waterloo team was in attendance The plans for a team were thoroughly discussed and the necessary to secure a franchise to the Iowa State league was soon pledged It was generally considered best by the pro present to incorporate as an association and articles are being pre pared Delegates were chosen last night to attend a meeting of the league at Oskaloosa February 4 Harry Rogers a wellknown Mar man has been chosen tem secretary and manager of the association As soon as the incorpora tion is perfected permanent officers will be chosen Myers of Waterloo talked to the meeting described the details for the coming seasons work There is now no question that Mar will have league this summer Every bank account has a hole in it HAVE FINE STATION Announcement Made of Plans for Wa C G W Station Waverly Jan to Daily wag made oday of the plans for the new Chicago reat Western passenger station to be erected at this place The new struc ure will be composed of a fine grade f brick and stone and will be erected in the west side of track facing the east towards the court house park The south end of the station will abut in Bremer avenue The first or south room will be the baggage and express apartments feet The office will adjoin this room being feet in size The general waiting rooms it is stated will be feet in size and finished The balance of he station will be divided into toilet rooms furnace rooms etc The platform will extend across the block The recent fire which destroyed the dilapidated building which has been utilized as a station lere made the erection of a new one Amusing Feature of Special Election Held at a Fran chise for Proposed Interurban Rail way Allison Jan to special election held in this city to consider the franchise ordinance of the Marshalltown Elec tric Street Interurban Railway Co eclipses all previous records estab Every vote cast was in favor of the proposition and practically every voter in Allison was represent ed Last spring Allison had a city election at which there was consider able contest and in all 127 votes were polled At the special election held 111 ballots were cast 107 of which were counted Each one in favor of granting the franchise The four spoiled ballots were no exception because each was marked with the no crossed of the cross in the circle opposite the square con Show Friendly Spirit The franchise granted here is lor the usual term of twentyfive years and the expression demonstrated at the polls is heard verbally on every hand Three streets Main Seventh and North Railroad avenue were con in the ordinance for by the interurban The judges of the election were G L Arnold G E Mar tin and M Weires and S W Bur M D Morgan acted as clerks Everyone is very desirous of secur ing the proposed interurban line and will work hard to secure it next sum mer All of the city officials are in favor of the scheme and could not refrain from expressing their amuse ment at the vote polled at the special election ALLEGED WIFE DESERTER Walter Strong Said to Have Deserted Wife and Cause Given Greene Jan Special to Daily has been received in this city of the alleged desertion by Walter Strong of his family who side five miles north of Greene It is alleged he has left his wife and home for parts at present unknown The wife and children of which there are several are left practically penniless and it is believed will be forced to leave their home The farm and res idence was a present to Mrs Strong by her mother Strong went to Charles City where he was last seen No motive is assigned for the rash act The case is a pitiful one as Strongs amily is held in high repute in this of the county No trouble Is known to have existed between the and this makes his strange dis appearance the more peculiar HOLD ANNUAL MEETING Smith Lichty Hillman Company Elect Officers for Ensuing Year The annual meeting of the stock holders of the Smith Lichty Hillman wholesale grocery company was held last evening The past years busi ness was reviewed through reports and the concern found to be in the best financial condition The election of officers for the ensuing year resulted in the selection of the following E Lichty Vice O Balliett S Hillman W Smith The Smith Lichty Hillman company is one of the staid wholesale firms in Waterloo Their business Is extensive and new territory is rapidly being add ed to the concern J H Riley is out today on business FOR SITE Draft in Payment of Webster City Postoffice Site Received Webster City Jan First Nationalbank in this city received a draft yesterday from the government of the United States for payable o J M Jones as the consideration agreed upon for the transfer of the Jones corner to the government as a site for the federal building The payment of this sum of money is the final act in the transfer of this property and insures beyond any rea sonable doubt that the government will erect a postoffice building upon this site Cures a Cold in One Day Gnp in 2 Days
