The Appleton Crescent from Appleton, Wisconsin • 6

3 no money at his command to make in- Before, an officer could be called the pair had DOUBT AS TO RAILWAY HONOR IlATIOirS DEAD APPLETON GRAVES DECORATED BY OUR GOVERNMENT MRS. COLBERT GUILTY JUDGE GOODLAND'S CHARGE GIVEN THIS MORNING. 1 MRS. T. W.

LYMAN PASS23 AWAY THURSDAY NIGHT. Death Robs AppletoV of Favorite Resident Who Came Here in 1849 to Brave Hardships Funeral Will Be Sunday, Appleton' lost noted, pioneer Thursday night in the death of one of its best and most favorably known residents, Mrs. W. Lyman at the home of E. L.

Packard, where the decedent spent her last. day. The, cause of death was a brain affliction. She reached 71 years. The- funeral arrangements were com-, pleted today.

Burial will be at 2 o'clock Sunday afternoon," from the residence of E. li Packard on Gilmore street. The RevJF. T. Rouse, will officiate, Came Here in 1849.

Mrs. Lyman was born in Springfield, Mass and coming to this vicinity in 1849, ever ranked as one of the fore most of pioneers who braved the early hardships of the Fox river valley. She resided in Appleton continuously since then, except for five years "spent at Arlington Place. During her residence here she "invariably won the friendship and honor, of all who knew her, and her acquaintance was one of unusually large proportions. Heri husband died nearly fifteen years ago after a long, "noteworthy and honorable career in this vicinity.

i 'J Leaves Many to Mourn. decendent leaves! a large circle 6t relatives, including: arid Edwin, sons Mrs. E. L. Packard and Mrs.

J. W. Lewis, daughters Mrs. Victor Goff, Minnesota, and Susan' Haim, Angelica, Wis. sisters Frank, James and Charles Wolcott, brothers.

Many out-of-town people will attend the funeral SAVE BRUTEFROM (OLD WARNING GOES OUT FROM HUMANE' SOCIETY OFFICERS. Watching for Offenders Who Leave Animals Outside Unprotected From Severe Weather Appleton Improved. Warning is issued to owners who ak-v low horses and other? animals to stand- unprotected from the cold in the streets of Appleton, by the local agent of the Wisconsin. Humane society. The severity with which this organi- zation has dealt with former offenders, and the aid to secure such punishment given it by many people outside, its own circles, is presented as an example of what may happen to who have little or no care for the feelings of dumb animals.

The society's most severe prosecution has been frequently termed only less than in proportion with the punishment that should be meted out according to the views of many. Compliments Appleton. "I will say forv Appleton people," de clared Dr. F. J.

Wilkie, local superin-' tendent of the Wisconsin Humane society, "that there is by far less of these Violations this winter than in past years. But there are still some who persist in leaving poor, dumb brutes outside to freeze, without as much as trying to protect them, and prosecutions will follow. "We are now watching a man in this city, who has been abusing two 1 according to. reports sent to and arrests will follow surely unles'k the pernicious practice stopped." UNITE SPANISH WAR VETERANS Possibility in Call for Gathering of Council for Dec 1. It is more than possible that the various organizations of Spanish war .5 vet- erans in the United States will shortly end all strife and consolidate.

'I A circular has just been received from Assistant Adjutant General Aschmann of Milwaukee, skying that the council of administration of the Spanish-Ameri-, can War Veterans will meet in Indianapolis, Dec. to set the date of the national convention of the association. He further states that General Moul-ton, commander-in-chief of the Service Men of the" Spanish War will be present, and 'if. possible try to make arrangements whereby the two organizations may become tThe adjutant general of the Spanish "War Veterans lhas been released from office and it is now possible that all three organizations may be united soon. William Zuehlke was elected at the last state convention as one of the delegates to attend the national convention.

Marshall Field, the big Chicago dry goods merchants, is of the opinion that eh(nl its lowest point for a number of years to come, and that from now on we will eca a gradual increase in the manufacturir woria. lie is aiso vx me the hard lines in which the trusts hava beca plured will he fcr tha vrzUzrs of ths country, cr.l 3 1 end er HOTED PI01ER-' DEAD. 4 yestigation and had asked the Northwestern to assist, and they sent Valely. He defended Valely strongly and point ed out the facVthat the defendant had to go only 60 feet from her front' door to the depot platform, but went there a half hour before train time. Dwelt some time on the motive of the fire and went thoroughly over the amount of stock, insurance, etc Then took up signatures and handwriting.

Attorney L. E. Barnes closed for the state. His opening remark was: "The defendant has no defense. There are only two courses open for her: first; to appeal to your sympathy the other," to abuse the Northwestern and Detective Valely." He also pointed out why the matter of character, which was expected to be so-" sensational, was not "handled more thoroughly by saying: "Spencer made.

statement that counsel for state' made certain charges, but did not prove them. They were left out on account of an agreement between the counsels hefore the court. I do not care to dwell on her wanderings in Milwaukee in 1889, but I do care that she swore contrary to records as to where she was that year." He charged that there was evidence enough without the letter, as she was seen only 20 feet frorri the build ing when smoke was coming out of it." The turned to the defense of iValely. "Why abuse Valely? Must anyone apologize to the defendant for anything the state has done?" he asked. "We were glad to get the assistance of one so experienced as Valely and he made the counsel for defense look like thirty cents." Judge's Charge to Jury.

Judge. Goodland charged the men this morning. He said in part: "The defendant stands charged with the crime of arson. The law says that she shall be deemed innocent with the crime until proven beyond all reasonable doubt; you will so judge her. A reasonable doubt is some reason to.

support a doubt in your minds. Take into consideration all the testimony which has been introduced and keep in mind the presumption of the innocence. "The defendant is not required to account for the origin the fire and the failure to explain how it started has nothing to do with the case. The evidence is largely, if not entirely, circumstantial, which is legal in criminal cases and is entitled to the same weight as direct testimony. If the evidence proves beyond a reasonable doubt in your minds, she is guilty.

What Jury Must Determine. "Some of the points are already by uncontradicted i evidence, the time of the fire. That the property belonged to Mary M. Dempsey there is some doubt, but it is immaterial as it is established that the defendant was not in her own building; that the burning of the building occupied by the defendant as a tenant caused the burning of the dwelling of Isaac Thorn; the wilfully and maliciously setting fire to the building is for you to determine. A large part of the testimony was conversation with the defendant.

These may be considered, but you are instructed that they are considered by the law as very weak testimony. You should consider them with great caution. "A great deal of time was; taken up with the anonymous letter, i It is for you to determine whether she wrote it or not. If she did, it should be taken into consideration as a circumstance. It is only one circumstance in the case.

"If you find that any witness has knowingly testified falsely you may eject all of the testimony except that which is corrobarated by some iother witness. It is your duty to take into con- sideration the interest the witness has in the case. But Two Verdicts Possible. "The record of the conviction of Lucy La Blank was offered as testimony. It is for 'you to determine if it was.

the defendant who was convicted and if you find that' it was, then it is your duty to use that circumstance in weighing the testimony for the purpose of affecting the creditability of the witness' testimony. "Sympathy; and prejudice against the Chicago and Northwestern has; been prominent in this trial. You must disregard anything of the; kind, Take the testimony and examine it' with" all care, and if after such examination you are satisfied -beyond a reasonable doubt, it is your duty to return a verdict of guilty; but on the other hand, if you are not convinced, it is your duty to return a verdict of not Your verdict: will" be either guilty or not guilty. You will now. retire." sThe state offered to allow the jury to have the exhibits of hand writing which had been offered in testimony, but the defense objected.

A Costly Mistake. Blunders are sometimes' very expensive. Occasionally life itself is the price of a mistake, but you'll never i be wrong if you take Dr. King's New Life Pills for Dyspepsia, Dizziness, HeadacheV Liver or Bowel troubles. are gentle yet thorough25c; at Kamps Sacksteder, drug store, Bodily pain loses its terror i if you've a bottle of Dr.

Thomas' Ecletric Oil in the house. Instant relief ins cases of burns, cuts, sprains, accidents of any sort. 1 The story is told thuswise: A middle- aged. woman was standing for some, time near the entrance of a saloon, Thursday, and finally -wjent into" the place, Soon it was observed that 'she came out with a man, doubtless her lord and master. As they stepped on the street the man struck his wife many times.

She never uttered a to the astonishment of all present. FORTUNES FOR SEERS FLOCKS OF PEOPLE PAY TRD3UTE TO MYSTERY. Recollections of Days When Appleton Swamped "Fakirs With Good Money Who Gets the Fortune? Has the day of the fortune teller passed in Appleton There hasn't been one here for a long time. But, history' implies repetition; and Appleton was, the other day, called a veritable gold mine for them, by some-' body who knows its history. "There were times and that "means every, time a.

fortune teller came to the city when a room or two was by far too small, to hold the people 'who flocked in less than no time to have their fortunes? told," said a prominent old -Appleton man in. a reflective mood the other day. "And I shouldn't wonder" if one came now, the old story would be repeated. It's the teller who gets the fortune. Rush Business "The city of Appleton was to the pal mist and the fortune teller what the country farmer was to the gold-brick man.

Whenever a fortune teller came to Appleton and rented a room or two in some vacant down-town store, he was always sure of a rushing business. Many times he could not attend to the numer ous customers who wish to know their future's weal or woe. "Not only the poor, but the rich, not only the ignorant, but the educated, came. And if the truth has to be told, the bajority of the costumers were from the class of whom it is least expected. "Cases are known here where a death predicted by a fortune teller has actually taken place, owing to the constant worry caused by the prediction.

"Numerous ways of telling fortunes were" used. The palm, the cards, the tea cup and trances were used to gull that part of the public which was easy. P. T. Barnum Was Wise.

"You know P. Barnum once said, 'The public wants to be Old Barnum knew human nature. "Instances are known in this city where the rooms of visiting fortune tellers were filled withe so many in number that they could not all be accommodated. The black-haired, dusky gypsy queen, with quaint dress and bangles and spangles was once in vogue. But the fortune teller of today is clothed in a rusty suit of black, and spangles are conspicuous by their absence.

"These people all have a more or les personal magnetism in their make up, which may be the principal cause of their success; And yet how can we account for the things which these people tell? Events, accidents, joys and sorrows, which so often occur, after they are foretold by a fortune teller? "And "yet, so long as quarters, fifty cent pieces and dollars continue to be coined in the United States mint, just so long will fortune tellers flourish. And we haven't heard that was going to discontinue just yet." Ships Using Oil for FueL For the first timel British battleships have been fitted to consume, oil as The experiments have so far been confined to small war but they, have been so successful that some of the larger are now. being similarly equipped, Experiments have also proven, that Hostetter's Stomach Bitters is the most reliable medicine 'to take in casest of headache, sour stomach, dizziness, indigestion, dyspepsia, impure female disorders, chills or constipation Its continued extending over a half century, is attributed to the fact that it always cures, even after other remedies have You really ought to give it. a fair trial for your stomach's It will strenghten it, tone up the liver and kidneys and make you feel better. For sale by druggists.

Revolution Imminent. A sure sign of approaching revolt and serious trouble in -your 'system' is nervousness, sleeplessness, or stomach up, sets. Electric Bitters will quickly dismember the troublesome causes. It never fails to tone the' stomach, regulate the Kidneys and Bowels, stimulate the Liver, and clarify the blood. Run down systems benefit particularly and all the usual at tendiitg aches vanish under its searching and thorough effectiveness.

Electrie Bitters is only 50c, and that is returned if it don't; give perfect satisfaction. Guaranteed iry Kamps Sacks-teder, druggists. i s' Women love a clear, healthy complexion. Pure blood makes it. Eurdoclc Blood Bitters makes pure blood.

FURTHER WORK ON GREEN BAY- MADISON LINE IN DARK. Ripon Making an to Get Survey Into Limits Compact Be- tween Two Central Roads Talked Of. There is much speculation in Apple-ton as to the probable further course of the Green Bag-Madison railway, but no details can be secured, except that surveyors are nearing this city. It is now stated freely that the new railway will be an extension of the Hli nois Central railway, and that when the latter takes hold of the former, upon completion, the Illinois Central and the Wisconsin Central will orin a combina tion: Representatives from Ripon are using their influence to run its survey through Ripon. New Extension Talk.

The prospects of Beloit and Janes ville being connected with Ripon, Green Lake and Fond, du Lac, are said to be bright by Charles Smith, president of the Rock River Traction company at Beloit. H. E. McFall of Cleveland, head of syndicate building the road has established offices at. Oshkosh.

He saysr "The surveying crew is now near Oshkosh. The 'question is how to get in and out of Oshkosh, and it may be that this will delay the survey. The Illinois Central is not backing the project. Construction work will begin early next spring, if possible. Between Madison and Waupun the road touches no towns.

From Fond du Lac to Oshkosh it parallels the Northwestern and Central." From Oshkosh the survey pass through Neenah, Menasha, Appleton, Kaukauna and DePere. Where the road will touch on Fox river points is not yet ascertained. Other Routes Discussed. Interest in the Appleton-Waupaca in-terurbar is increasing. Worw with the proposed Appleton-Seymour route may be carried on simultaneously with the Waupaca line.

The route for the latter may be via Hortonville and New London. Because of an expected better amount of business the route via Medina and Dale will probably be dropped; -but there is nothing formally definite in this matter." Two blocks of rail have beeij laid in DePere by the Knox Construction and screws of men are now at work filling Jn. Ties have been set in crushed stone making a good roadbed. The grading between Green Bay and DePere has not been completed, and a temporary track will probably be laid over the uncompleted portion. MANY FARMERS WILL GATHER Institutes fof Coming Season Are An nounced by Superintendent.

Farmers' institutes in Outagamie county will be held as follows, accord ing to the announcement of Supt. George McKerrow Welcome, Janr5 and 6, by W. C. Brad Binghampton, Jan. 5 and 6, by George Wylie.

Hortonville, March 1 and 2, by R. J. Cde. At Hortonville there will.be a cooking school in connection with the institute. Supt.

McKerrow is making arrange ments to secure several agriculturists of national fame for the closing in stitute, which will be held in. Kaukauna March 16,7 and 18, 1904. GOODBY EIGHTHS, SAYS BREWERS u. Small and -a Free Furnishing of Saloons May Be Avoided. Two reasons -are assigned' for organizing Wisconsin It is believed brewers could do away with selling which, they claim is -now made' necessary by competition and.

which means a 1 constant los3 to theml Organization, is also suggested as a re medy for expensively furnishing a place to people who desire to become saloonkeepers. The use of eighth kegs is said to be a losing proposition because the small receptacles are returned to the Persons who" see them, become impressed, with their convenient size. MESSMER'S CHOICE RATIFIED Pope Pins Accepts Nomination to Mil waukee Archbishopric The prefect of the propaganda, Car dinal Gotti, yesterday submitted to the pope the name of Bishop of Green Bay, as the choice, for archbishop of Milwaukee. The pointiff ratified the nomination. BEATS WIFE ON CITY STREET Appleton People Thursday Witness Dis graceful Abssa.

bating his wife unmereifullyith his according to eye-witnessesi on one of the principal business streets of Ap pleton, Thursday night, a man whose name is withheld made a spectacle of himself which raised the ire of passers Only Two Verdicts Possible, He Said Either Defendant Is Guilty or Not Guilty of Arson. -Jury Retires. was the verdict in. the Colbert-case after the jury had been out only an hour and a half, this morning. At the sound of that word the defen- dant said, "Oh, for God's sake," and collapsed into the arms of her daughter, Mrs.

Belcher. The first ballot of the jury stood eleven for conviction and on the second it was The counsel for the defense immediately made a motion for a new trial and sen-' tence will be suspended until this is dis-posed of. Even though a new trial may not be obtained, it is not believed that the defendant will serve any length of time in prison on account of her age. All the parties in the case show, signs of the long strain which has been upon them. The attorneys, relatives and the accused woman are completely tired out.

Mrs. Belcher, who has constantly been at her mother's side, appeared to be the only one in condition to "offer her mother support when the decision was given. Instead of being placed in jail, Mrs. Colbert is at the Hotel Ritger under the guard of Sheriff Mitchell- until the mo tion for the new trial is disposed of. The Closing Arguments.

The largest crowd that ever gathered in the Appleton courtroom was present yesterday to hear the closing for the defense. The arguments brought tears to the eyes of some not only the audi ence, but in the jury as well. The biggest surprise of the day was when the counsel for the defense tried to put the blame on Detective Valely of the Chicago Northwestern, for writing the anonymous letter. It was un expected to people who closely followed the trial from the start. When Attor ney Pierce spoke in a loud voice with, "That individual, Valely, is a sleuth hound who was not satisfied with see ing blood, but had to taste it," everyone was startled.

"The anonymous letter issued from his agency," he continued. "I do not think he had brains enough to write, but I do think he had someone else do it." JJTom then on Valely and Tyrrell, the ex pert penman, were the objects of much attack: Attorney Pierce was the first to take the floor in the afternoon to finish his address. He repeated his argument of the morning largely. He then started his attack on Valely and eloquently told of the defendant's going through the smoke into the building to try to save things after the men had all left. Writing was taken up for a short time and emphasis was put on the writing of the letter This was followed by another charge on Valely.

Eloquence of Attorneys. Attorney J. E. Lehr was the second to come on for the defense and started by saying, "They tried to convict by method of decoy letters. The letter was written on a Chicago letter head.

That is where Valely lives. The J' and '3' are excellent railroad characters." He then declared that the case was all on account of a railroad claim of $200. The-construction of the letter was taken up, as testified by the teachers. Valely and Tyrrell then came in for a share. "Will you be responsible rertiemeri for the breaking up of this family and cause a vacant chair for next Christmas and have, mother's Christmas dinner handed in through the iron bars he pleaded.

i "If you send her there, in a little while a black robe will cover.her frame and her body will be taken to Milwaukee burial by her daughters." Attorney Spencer for the defense started at the Northwestern and added: "Do not say 'guilty for the sake of the defendant, her children and her children's children." The good character of the defendant was then touched upon, as was also that of the daughters. One, he said, had married Levy, a millionaire anoth- er Belcher, of the Milwaukee board -of xraaej a tnira or Fond du Lac, ah editor, who is known all over the state. After touching unon some of the testimony he again turned on. scored them hard. He ended with: "If you.

end her in such advanced age, to the prison the responsibility be great; great for her. great for her daughters, heartbroken and disgraced all that is immortal will be wrapped in a prison wheeled out in' a prison iin.t 4-rt Tk J3 11. t' it vi mppeu uu uie nome oi me daughters. The children will ever have, to bear it. You are going to be responsible for this and this responsibility will rest on you as long as you live." At the Evening Session.

At the evening session fully 300 -were present to hear the state close. Attorney vWilcox opened and challenged anyone to show anything dishonorable in Valely. As district attorney he had Applications for Free Marble Head-, stones Offered by War Depart- ment Are Forwarded and Others Will Follow Taking advantage of the National government's offer to furnish, free of. all -heas tones for graves of soldiers and marines who served in any of -the wars for the United-States, and whose resting places are still unmarked a list of names will go to the war department5 in a short time from Appleton, now being compiled by D. J.

Ryan, making application for such monuments to the, memory of the nation's dead on local cemeteries. Given Marble Stones. The government furnishes a headstone for each grave coming under this rank of the best American marble, 39 inches long, 12 inches wide and 4 inches thick, the top slightly rounded and. the set well above ground. Each stone is inscribed with the name, the rank if above private, 'the company's name and regiment or other organization, all in relief, within-a' sunken The specifications were prepared by the secre- tary of war and the results is consistently satisfactory.

Within a short time the following names of dead soldiers and sailors, with applications for free headstones at Riverside cemetery, have been sent to the war department by Mr. Ryan; Names Sent From Appleton. Priv. William Sproat, Co. Sixth Wis.

Lieut. J. E. Richards, Co. Seventeenth Wis.

Inf. Musician J. Humphrey, Co. and Ninth Wis. Priv.

Sylvester Fairbanks, Co. First Wis. S. S. Wheeler, Co.

First Ohio Corp. John S. Baker, Co. Twenty-first Wis. Priv.

David McDaniels, Co. Forty-first Wis. Priv. Burmeister, Co. Fourteenth Wis.

Priv. Strong C. Packard, Co Forty-second Wis. Inf. Seaman Thomas Reese, Altona and IT.

S. Squad ron; Musician Edmund Weiner, Co. Ninth Wis. Capt. Welcome Hyde, Co.

Seventeenth Wis. Inf. list of Kaukauna soldiers dead was appended. The new list is not yet com pleted. BROTHERS MEET AGAIN TWENTY-FIVE YEARS OF SEPARA- i TI0N CLOSED HERE.

Tonntons Hold Reunion at Home of One Brother and Tell Each Other of Their Divergent Careers. After a separation of twenty-five years two brothers have just met in Appleton. Neither. had seen the other, and heard little from him, for a quarter of a cen The reunion was brought about by a visit to Appleton, of John- Johnston of Juneau, Alaska, with his brother here, Thomas E. Johnston.

Both Are Successful. While the paths of the both have been! divergent, things have not gone badly with the brothers; and in their interchange of stories and tales from the idays of separation, the Appleton brother can point to a successful and profitable career as a contractor, while the man from Alaska is a real estate broker and mining man in the far northern un tries. Brother Going East. Mr. Johnston was on his way east from the colder regions and stopped over here for a visit, meeting his brother.

Congratulations fare being showered upon them, and relatives and here are doing numerous things' to the visitor. TWO ENGINES, IN HARD CRASH Northwestern' Switcher Near Telulah Mills Loses Water Two Northwestern switch engines crashed near the Telulah paper mills this a big hole being, ripped into the tank of one engine. Slow speed doubtless prevented a loss of life. 'One engine was standing in the siding. 1 The was backing down the track, and as it n'eared the switcK the former one started backwards in the same direction, but of the siding.

The two engines met with a bang and crashy demolishing one of the tanks. A Frightened Horse, a Running like mad down the street dumping the occupants, or "a hundred other accidents, are every uay occurences. It behooves everybody to have a reliable Salve handy- and there's none as good as" Bucklen's Arnica Salve. Burns, Cuts, Sore Eczema and Piles, disappear quickly under its soothing, effect. 25c, at Kamps Sacksteder? drug -store.

"Neglected colds make fat graveyards." "Dr. Wood's Norway Pine Rvnm TiAlna men and women to a happy, vigorous old age..