Bemidji Daily Pioneer Newspaper, May 15, 1909, Page 4

ARGUMENTS MADE ON MOTION THIS A. M. [Continued from First Page.] had gone to find Mr. Sullivan in order tolearn whether the subpoena had been served on him. She found the restaurant woman sitting on the settee and asked her if Mr. Sullivan was inside. The woman had said that he was and she waited until he came out, then accompanying him to the store. She declared she had not said anything about hanging to Mr. Sullivan. In cross examination Miss John- son again denied having said any- thing about hanging and also stated that Dr. Koch had not requested her mother to leave the hospital on a certain evening before pushing her out. Mr. McDonald—'And you knew that when the doctor escorted your mother to the door he wished your absence?” Miss Johnson—"‘The action was suggestive.” Mr. McDonald—"And that made it necessary for him to put you out?” Miss Johnson—"“Unless he ans- wered the question, yes.” Alfred Johnson, on the stand, de- nied following Dr. Koch on the evening formerly referred to and also that he stood on the corner that night. He wa§ foreman and scale inspector for the T. M. Part- ridge Lumber company. He also stated that Mr. Sullivan had said at their house that he would swear to a white lie for a friend. His atten- tion had been called to the article in the Blackduck American during lexamination he said that he had had the conversation on the street with Dr. Kofh about 7:30 o’clock one evening and had not worked over- time that day. Miss Olga Johnson testified that Mr. Sullivan had said at their home that he would swear to a white lie to save a friend. Dr. Osborn of Blackduck was recalled and asked by Senator Peterson if, when he had examined Oscar’s throat that Sunday night, he bhad said, ‘Your medicine is taking effect and I see the mem- brane is curling up.” The wit- ness stated, ‘‘As I remember it, I did not say anything in reference to diphtheria until we got outside when I told him if the membrane didn’t curl up to ‘pump to him,” In cross-examination he said that he had only looked at the throat for a minute. : Mrs, Dollie Powell of Blackduck, whose children had had diphtheria in February, 1908, was called to the stand but the offer of her tes- timony was ruled out: Senator Peterson declared that the plaintiff rested and Mr. McDon- {ald did likewise for the defense. Mr. McDonald then said: “Your honor, we desire to move the court for an order directing the jury to return a verdict in favor of the defendant and against the plain- tiff on the following grounds, that the complaint does not state ‘a cause of action. “The complaint alleges that the administratrix, as such, wasdamaged and there is no allegation that the beneficiaries - or persons for whom this action survives and is being prosecuted as damaged in any sum the last few days of April. In cross-tand upon the further ground that Cetting Your Money’s Worth Is as easy as falling off the proverbial log when you buy your lumber and building material here. Every dollar you spend here means a huudred cents worth of satisfaction. up with the procession.” With us itisn’t simply a question of ‘keeping It's a matter of ‘‘going ahead of it,” and keeping ahead from one year’s end to the other. No matter what you want—a few rough boards or a complete house bill, you always get ‘‘your money’s worth” here. Give us a chance to prove it. Phone 97 M. E. Smith Retail We Also Handle Coal and Wood Lumber Co., Bemidii e T T S e i s e N S Money Cheerfully Refunded Copyright 1909 by Hart Schatfuer & Marz Suits $18 to $40 Clothing House OUNG men,} middle-aged, old men-= you may classify yourself anywhere M you please, either by years or by your taste in clothes styles; we < % 5 5 have you go here, too; You want Hart Schaffner & Marx clothes here for you; whatever age or taste Young men especially will find here the very snappy styles which they like to wear; a little extreme, maybe, but they like ’em. other more conservative styles are tailoring, fit, and style in models. you to have them. Overcoats $15 to $50 This store is the home of Hart Schaffner & Marx clothes the evidence does not establish a cause of action against the defendant. “We, therefore, askthat the present- ment of this motion be left until tomorrow morning and then argue it at some length.” - As soon as court convened this morning the jury was excused until after the arguments were completed on the motion of Attorney McDon- ald for the court to instruct the jury to return a verdict in favor of the defendant. 5 Mr. McDonald argued two hours and a half on his motion. He stated that this action had commenced with the serving of thé papers on June 26, 1908. He had twice demurred to the complaint, his demurrer being sustained the first time but not on the second occasion. The counsel for the defense con- tended that the plaintiff should state in the complaint the commission or omission of the act or acts that con- stitute the negligence of the de- fendant. They had alleged in the complaint that the defendant failed touse due care and skill, without stating that due care and skill should necessarily be used by the defendant. He was willling to submit that the allegations that the plaintiff had been damaged in the sum of $5,000 was not sufficient without further particulars in the complaint. The defense held, if damages were to be proved, that professional wit- nesses must have testified- that the treatment given or omitted by the attending physician were injurious to the patient. The plaintiff had not submitted one iota of evidence in this respect. “If dimages are given against every doctor when he makes a slight mistake the time will soon come when the medical profession will be left to quacks and other imposters,” said Mr. McDonald. “If damages are allowed in this case against Dr. Koch, your honor, it will not be long betore even Charles Wheaton and the Mayo brothers will be driven from their hospital at Roch- ester, and the tide of humanity which now seeks and finds relief at their hands will be turned away.” Mr. McDonald cited a large num- ber of cases in reference to his differ- entcontentions and ended by declar- ing that the cause of the death of Oscar Johnson should have been testified to' by medical experts in- stead of by laymen, giving instances which made it necesssary for this rule to be followed. Court adjourned at 11:30 until 1:30 p. m., when Senator Peterson was to have submitted his arguments on the question. Miss Agnes F. Hotch was an Akeley visitor in the city last night. Cood’ Clothes Nothing Else by. The all-wool fabrics, right these clothes; we want LOGAL GONTRAGTORS GET SGH!I(I!. HOUSE GONTRAGT Doran Bros. Submit Lowest Bid for Installing Heating Plant and Doing Plumbing. At a special meeting of the mem- bers of Independent School District of Bemidji, held last evening, Doran Bros. of this city were awarded the contract to install the heating plant and do the plumbing for the new high school and graded school build- ing. In addition to' Doran Bros., there were two other bidders, they being M. J. McCarthy and- Frank S. Spencer, both of Minneapolis. The bids submitted to the board were as follows: M. J. McCarthy, Minne- apolis, for installing steam heat and ventilat- ing plant.. Frank S. Spencer, Minne- apolis, for installing steam heat and ventilat- ing plant............ Doran Bros. of Bemid for heating and ventil- ating, including Johnson service system of regula- tion.. . 7,515 85 Doran Bros. Bemi installing plumbing...... 3,367 00 Doran Bros. were then awarded the contract and the clerk author- ized, on behalf of the board, to enter into contract with the local plumb- ing firm, to do the work at the price of 310,732.85, they being the lowest bidders. The purchasing committee was in- structed to look up the question of finishing the wood work and the various floors of the new school building in different colors or finishes and as to the advisability of having desks on each floor finished the same as the woodwork. The board appointed G. M. Tor- rance, secretary of the board, a committee of one to request the members of the city council to have the sewer -extended to the new school building as soon as possible. DOINGS AMONG BEMIDJI'S COUNTRY- NEIGHBORS $8,920 00 8,630 00 Live Correspondents of the Pioneer Write the News from Their Localities. Orheim May 15. Seeding is now in full blast in this vicinity. Jonas Johnson and family spent Friday at Orheim’s. Martin Stakke is helping Fred Cook put in his crop. Charlie Lingren left Saturday for Crookston for a few months work, Christ Storm left for Rugby, N. D. Thursday, where he will do cerpeting work through the sum- mer. A. O. Solberg is busy fencing and clearing his homestead these days, as he expects to leave soon for Bemidji to work during the summer, JUDIGIAL TRIUNE HAS APPOINTED EXAMINERS F.S. Arnold of Bemidji Will Examine Land Titles and Registration in Beltrami County. The three judges of the Fifteenth Judicial district, - Judges McClena- han of Brainerd, Wright~ of Park Rapids ‘and Stanton of Bemidji, met recently in this city and ap- pointed the examiners of titles for each county in this district in accordance with Chapter 183, Gen- eral Laws of 1909, an act “‘concern- ing the registration of lands and the title thereto ia the State of Minnesota.” 5 The law provides that the appoint- ments shall be made from the legal profession and shall terminate at the will of the district court by which they are appointed. - The appointees shall be examiners of titles and legal advisers to the registers of deeds. The . examiners who have been appointed by the district court for the different counties in the Fifteenth - Judicial district are as follows: F.S. Arnold of Bemidji, Beltrami county; Edward T. Teits- worth of Bagley, Clearwater county; A. L. Thwing of Grand Rapids, Itasca; Frank Palmer of Inter- national Falls, Koochiching; Daniel DeLury of Walker, Cass; John C. Heshian of Aitken, Aitken; W.G. Rhea of Park Rapids, Hubbard; and A. D. Polk of Brainerd, Crow Wing county. DOINGS IN THE VARIOUS GHURGHES OF THE CITY Hours of Worship and Subjects of Ser- mons o Be Delivered in the City Sunday. Episcopal—Services will be held in the Odd Fellows hall at-10:30 a.m.and 8 p. m. Sunday school at4 p.m. Rev. E. M. Davies will conduct the services. Norwegian Lutheran—There will be no services in the morning, but the usual services will be held at 8 oclock p. m. Norwegian and English Sunday school at 4 p. m. Presbyterian—Union services of the Presbyterian, Methodist and Baptist churches tomorrow in the city hall as follows: Morning wor- ship at 10:45. Dr. A. C. Gaebelein will speak on the ‘‘Christian Priest- hood.” Sunday school at 12:15. At 3, in the city hall, Dr. Gaebelein will speak on the “Royal Psalm.” There will be a union meeting of the young people of the Baptist, Methodistand Presbyterian churches at the Presbyterian at 7 p. m. Even- ing service in the city hall at 8, This will be Dr. Gaebelein’s closing service. It has been a great privi- lege to have Dr. Gaebelein with us, his addresses having been most instructive and inspiring,” and at this last service we hope for a very large attendance. PENT AL ‘INJUNGLE SPENT ALL NJGHT Weimit Roosevelt Loses His Way in African Wilds. Nairobi, B. E. A, May 15—It is learned here that Kermit Roosevelt lost his way from his father's camp near Machakos last Friday and spent an entire night alone on horseback, riding through a region unknown to him. On Saturday morning he turned up at Kiu, a station on the railway, Inquiring there the way to camp. He was given the desired directions. The region in which Kermit Roose- velt is reported to have been lost lies BOBYRI 2 8¢ KERMIT ROOSEVELT. between the Athi river and the Ugan- da railroad. Kiu, where he finally found himself, is about fifty miles be- low Nairobi and thirty or forty miles southeast of Machakos. There is an old cart road from Machakos to Kiu, but otherwise the country and the re- glon thereabouts is very sparsely in- habited by natives of the Wakamba tribe, a peaceful people, engaged chiefly in agriculture. GOVERNMENT SAID T0 HAVE LOST BIG SUM Federal Weighers and New York Importers Arrested. New York, May 15.—Three of tha government weighers recently dis- missed by Collector Loeb were arrest- ed, together with the members of two importing firms who are alleged to have conspired with the weighers to secure the entry of fiz and cheese fmports at less than the actual weights. The weighers and importers were jointly indicted recently by the federal grand jury. The men arrest- ed under these indictments were An- tonio and Philip Musica of the im- porting firm of A. Musica & Son and Eusuadio Papavasilopulo, another im- porter, with the former weighers, Joseph Quinn, Thomas C. Giddings and Joseph McMahon. The frauds charged are declared to have contin- ued over a long period and to have caused the loss of large sums to the government. Russian “Robin Hood” Killed. Mohilev, Russia, May 15.—The noted robber chieftain, Savitzky, the “Robin Hood” of-the Russian revolution, has been killed by members of the rural guard. P PLANSTOINVADE . HILLE@RITURY. St. Paul Road to Construct Several Branch Lines. ALL ON COAST EXTENSION Railroad Men Say Activity of New Transcontinental System Will Mean & Substantial Cut Into the Traffic Volume Now Enjoyed by the Great Northérn and Northern Pacific, Known as the Hill Roads. * Chicago, May 15.—Construction of branch lines, which will add over 1,000 miles to the Pacific coast exten- slon of the Chicago, Milwaukee and 8t. Paul railroad, will soon be under- taken by that road. The territory to be thus invaded has heretofore been controlled abso- lutely by the Hill lines. The activ- ities of the St. Paul road, in the opin- fon of railroad officials, will mean a substantial cut into the traffic volume now enjoyved by the Northern Pacific and Great Northern lines. The principal branches planned by the St. Paul road at this time are: From Mobridge, S. D., westward 150 miles through the Cheyenne Indian reservation. From Missoula, Mont., north to Fer- nie, B. C,, 240 miles. Southward to a vast fruit raising territory in the vicinity of St. Marie, Ida. From Beverly, on the Columbia river, 150 miles to Hanford, Wash., and from Tacoma 100 miles west to Grays Harbor. It is also stated that the road is planning an extension from Fargo, N. D., to Winnipeg. BETWEEN JAPANESE LINES Ocean Rate War as Result of Milwau- kee Extension. Victoria, B. C, May 15—That a rate war will probably result between the two Japanese transpacific lines, following the establishment next month of the Osaka Shosen Kaisha's service in conjunction with the Chi- cago, Milwaukee and St. Paul rail- road, is the news received by mail from Japan. The Ashaji Shimbun of Tokio, in a lengthy article, says the expectation is that a rate war will begin and that the Nippon Yusen Kaisha will be ex- pected to fight keen competition on its North American line to Victoria and Seattle at the hands of the Osaka Shosen Kaisha. The Osaka Shosen Kaisha has just borrowed $1,000,000 on the security of the new steamers through the agency of Messrs. Sale, Fraser & Co. of Yoko- hama and will have five new steamers in service by next January, drawing subsidies amounting to $500,000 an- nually from the Japanese government. The Ashai Shimbun says that the Osaka firm will not be a member of the Pacific conference and will be able to compete in the matter of rates. SOME RETURN TO WORK Strike Situation in France Appears to Be Improving. Paris, May 15.—Instead of showing an increase the number of striking postal employes in the city seems to have diminished. The leaders of the strike, however, still talk of unexpect- ed developments, including the dec- laration of a general strike by the General Federation of Labor. On the other hand, the authorities, with the endorsement of the chamber of depu- tles behind them, insist that the movement will collapse totally in a few days without recourse to the elaborate reserve arrangements that have been perfected. At Lyons, Toulouse, Marseilles and some other places the strikers aban- doned the struggle and returned to their posts. USES INDIAN AS A DECOY Government Agent Causes Arrest of Twenty-eight Saloonkeepers. Sioux City, Ia., May 15.—Using John C. Decora, a Winnebago Indian, as a decoy T. E. Brent, a special govern- ment agent, secured evidence by means of which he caused the arrest of twenty-eight Sioux City liquor deal- ers on a charge of selling whisky to Indians. The minimum penalty in each case is $200 fine and a year in the county jail. TROOPS AND OUTLAWS FIGHT Five of Latter Killed by American Soldiers. Manila, May 15.—Captain Rhodes, commanding two troops of the Sixth cavalry, struck a portion of the band of outlaws headed by Jikiri near Bam- no last Wednesday and in a fight that followed five of the natives were killed. 'One of these was Jammang, noted as a trusted lieutenant of Jikiri. Night Rider Juror Ends Life. Union City, Tenn., May 15.—Man- fleld Haroldson, a promiasnt farmer living north of this place, has com- mitted suicide. His body was discov- ered suspended by a rope in his buggy house. Haroldson was onme of the Jurors who-tried the eight night riders at this place last January, six of whom were sentenced to be hanged, and it is said that worry over that trial unbalanced his mind. Double Execution at Manila. Manila, May 15.—Esuebio Burias and Lucio Aldea, who were convicted of the murder 6f Anna Hahn, a school- teacher in the Batangas district, were hanged in Bilibid prison.- The execu- tion was private. The crime; which ‘was committed in January, 1908, had robbery for its object. The victim 'was hacked to pleces with bolos. WANIS ONE CENT A WORD. HELP WANTED. WANTED—Young men to learn au- tomobile business by mail and prepare as chauffeurs and repair men. We make you expert in ten weeks; assist you to secure posi- tion. Pay big; work pleasant, demand for men great; reason- able; write for particulars and sample lesson. Empire Automo- bile Institute, Rochester, N. Y. WANTED—Girl for general house work apply 811 Bemidji Ave. FOR SALE. FOR SALE—A 6-room house,nearly new, hard-wood floors, located on two-thirds of an acre in Block 1, Lot 3, White’s addition, between Twelfth and Thirteenth streets on Irvin avenue. Nice garden. Small payment down and $16 per month,with interest at 5 per cent until paid. Call at house for further particulars. FOR SALE—Five-room cottage, well built, good location. Rents tor $20 per month. A bargain. Call at 509 American Ave., for particulars. FOR SALE—Rubber stamps. The Pioneer will procure any kind of a rubber stamp for you an short notice. FOR SALE. — Good piano, standard excellent condition. second-hand make, in C. J. Pryor. FOR SALE—An 18 foot launch. For particulars write to Z. N. Barnes, Little Falls, Minn. FOR SAL];:—Cheap, good second- hand Kimball organ in good con- dition. 1007 Irving ave. FOR RENT. FOR RENT—Seven-room house at 1111 Lake Boulevard. Inquire of Henry Stechman, 719 Bemidii Ave. "LOST and FOUND LOST—Small pocket book contain- ing $30 in currency and $5 in silver, in Mill park. Finder please return to Mrs. Martinson, Mill Park, for reward. LOST—Open-face lady’s watch. Finder return to Miss Clara Fisk for reward. LOST—Two M.& L. baggage checks. | Finder please return to Pioneer office. MISCELLANEOUS. PUBLIC LIBRARY—Open Tues days, Thursdays and Saturdays 2:30to 6 p. m., and Saturday evening 7:30 to 9 p. m. also. Library in basement of Court House. Mrs. Donald, librarian. WANTED—To buy, a second-han_d electric piano. Apply at Bemidji Music House. Residences, Parks,Schools, Churches and L4 Cemetaries. Many beautiful designs at all prices. Railings, Grills, Panels, Wickets, Guards, Inclosures, Partitions, Iron Stairs and Rails, Fixtures, Fire Escapes, Signs, Lawn Settees, Fencing Fabrics, ete. Write for catalog “A”". DEMULES BROS. WIRE & IRON WORKS |f 1009Washington Ave.N. Minneapolis, Minn. Daniel Aberle & Son Including board, room and the comforts of home, while taking treatment. A secluded retreat, strictly. p vate, no names or tes- timonials published; everything sacredl . conbdentil, Personat treatment by a medi- cal practitioner, CURE IN TEN DAYS or your money cheerfully refunded. Write to- day for our free booklet, giving full informa- tion and address. 3 RED CROSS SANITARIUM 1819 Nicollet Ave., MINNEAPOLIS, MINN. | S