davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

~
Al, pays that remain immovabe in favor arc
r"A'y deserving In their different ways.
,,. "us' the Red Robe" Is a satisfaction TO tho
,S,e Taste for romantic drama Of love and
VII II Is being performed at the Em piro
u"uostel zest and with a prosperity suf-
r1'. !" carry II along FOR months to come.
n.,,", picturesque drama OF tho Georgian
Ma,' me First Gentleman OF Europe" en-
e,ns we h"'t members of the Lyceum stock
,,].' IN generally congenial roles, while
N,n'. W ~ N'e examination are cast In when n
,s,,s MafF'ed' tile short piece Of domestic fun
s y" p'e'etea Mrs. Burnetts play.
MI "go from Secret Service" at the Gar
u,,n ~ .engih be made in two weeks. and
Mn e' I''lam Gillette ana his com panions
pAr "w Tie many strong points of his war
Hr'er Again,"a farce from tho French,
nou,,.' n',A' 10y company formed TO fulfil its
Th''' winch are OF a comic nature.
Rial 80 A'hs system at Daly's IL still Ap-
81 10 The Magistrate" and "lbe Gei,ha -"
,o,,s. a"'r ave future Of Mr., Days company is
d." ,.'' win "A briei revival THE Won.
bornr'ri 20 production of"The Witch of
shicl H. version 81 Guy MRnncring" I'm
aah's H. "' interest viii Nc ia Miss Re-
Vii l,' 'Hns, though tho representation
must ana urmu IA general Sci ~. ~, n
Ins W 'npnrlRnt factor.
| An Arr..t n".i week OF Lillian Russell and
Ra",i, ''IivNh Rcauty" at the Casino Miss
| lOlUd,, ,W''a ." Win that play 10 Brooslyn,
Alrii ~ a, ma Boston. after which early in
""' JON Della Fox ana jefferson
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

Viii you please publish the chances OF making o
straight. nu-h. or straight nush to one holding q
four card straight nush Ia draw tor GEo. X.
The chances of making a straight IL l In 5J,. the
chances of making n fush is l In ~. The chances
Of making . straight nush 10 l In 2Sts
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

Tho game IL eisht. handed euchre. A Ia dealing.
BEFORE deal IL completed IL IL oi'cov~fed misdehi
has bcen made. Inc cards are-caiIed IN ana re-.
shuNfed. II claims A loses his deal. Z claims not,
as IN" ni'tas" was discovered before A completed
the deal. VINO Is cosrect' g.. W.
This deaf nasx.a
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

Is IL necessary to take a trick sfter medag in
pinochle In order 10 claim game, Does Ins rule Sp.
ply irrespective or the nutnoer OF piaycrsi
T. =. MoiI.
II ii not necessary IN a two.hGpded game. With
players IL Ia necessary, because the declared
taken.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

He has right to bot without looking at tho card
he draws, which I, practically the same thing.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

A. d. c. and were playiiE poker, IL was Jack
pot. A dealing. II opened JACK pot All stayed. u
calls for three cards. one card turned over A
claims has no right 10 that card unIil all are
served then he an all receive for turned.
disputes, saying he mas right Ia ali his curds
tore q. d or draws VINO is rignti In. $.
II 10 right,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

Ptnochie. A Aud are 300, they meia 2io. @ and
arc $50: they meld so. Play begins ana ana
take all tho tricks and ciaiui that and hrv not
out. but must deai.tor next hand. HOW isNl y. A
and on nrs' deal OF game meld 100. g ana u
take every trick and claim that and are not en-.
titicd 20 their meId %; ioU because they did not
take trick. Assuming the 1rst question TO be
fisnt mot OUT. why ~iIl ana be justified In
taxing their ioO without q TRICKY DR. BEANS.
l. A and not out. They must take trick
before their meld is aide to the y. The
rule applies.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

William Mckinley carried In 1870 every sta thas
Gen. Harrison :dI In lsVa except Montana, No
bra,Ea, South uAknta, Washington, and Wyoming.
having collectively ~ electoral votes. Nav Jersey
ami Indiana. casting together 20 electoral votes,
more TINA mode up the difference,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

In game OF draw poker calls for i've cards. d
for one. and for two. &C. Tho dealer has reached
Z In the distribution OF the anu has look ed
at hiA card before A. VINO has not raised his hand
from the table, discovers he has onIy four cards.
IL IL a misdeAlf SuANlAKT.
No. The dealer makes tho hand good by giving A
tho top card from tho PACK.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

4. II. and are playin pinochle. A leads the king
OF trumps anc plays the ace or uumps has tho
ana queen OF trumps. Must play the ace OF
trumps' =. and h are playing pinochle. a meids
$50 trumrs. Afterwnrd A gets the other queen OF
trumps Can he meid IL with the King In the $50
ana make 40 more' 7. BARTON.
L. No, O. No.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-02-21

In q three. handed game OF pinochie . player has
the following meid' Ace. ten. aud JACK OF trunIps
and the four kiugs and queens says IL counts
$40. II sAys that A has not bath OF the knRs and
queen. OF trumps II counts but $50. Who Is cor.
rect, A or RI II. KEAfT.
A Il right
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

James Howard of Gardiner, J. H.
Kelley of Bangor and Frank Print OF
Portland, the three men who We're ar
rested, Saturday, on the tracks of the
Maine Central, We're sentenced to sc
DAYS apiece by Judge Andrews for be-
ing drunk. Kelley had only got out OF
Jail the day before, thus getting one
day of freedom which cannot be said tC
have been put to a very good purpose
While he claims Bangor as his resi-
dence, he has spent so much time in
Kennebec Jail. that it is said that is
more properly his residence. Kelley
face was badly scratched, the result OF
the fight that had been INDUCED in
Print. the one-legged man pleaded
guilty to being intoxicated. Howard
said he hadn't been drunk, nor had he
been fighting or doing anything wrong
at all, at all. But, he got there along
with the rest
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

DOUBLE DEALING
l. the Cause 81 Many Heart Burniass An
Augusta Case That Was the Opposite.

Double dealing like so many other
expressions in the Anglo Saxon Ian
guage has different meanings. The
text or heading does not refer to the
deceitful, hypocritical specimens of
manhood who curry favor for their
own ends and keep a community in a
ferment by retailing scraps of con-
fidences. This time it's the double
dealing of the little conQueror. Doan's
Kidney Pills,--to be more correct the
double healing. One member Of a
family tests them. Like disease the
infection spreads. Another tries them,
an acquaintance or a friend may be.
Result the same. A Cure. Read the
statement that follows made by Mr..
and Mrs. ]. H. Woodbury., 81 South
Chestnut ST. I'VE can recommend
Doan's Kidney Pills, says Mrs. Wood
bury, 'as being everything that is
claimed for them. l, myself, had not
's.lown what it was to be free from
backache for two years past, until
used them. / am delighted at the re-
suits. I obtained from a box that
got at the Old Reliable Drug store of
Chas. X. Partridge. Backache haunted
me night and day. l couldn't stoop
or move unthinkingly without feeling
sharp singing pains. Doan's Kidney
Pills acted the same way with Mr.
Woodbury.. He suffered severely with
his back and if he caught cold the pain
was past description. We are both
feeling well at present and attribute
1t to Doan's Kidney Pills"
Price so cents per box; for sale by
all dealers, or mailed by Foster Mil
burn Co., Buffalo, N. Y. sole agents
for the u. s.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

The Kineo people and Moosehead com
Dany are once more at loggerheads and
a civil SUIT for damages Is a possibility
if not probability of the near future
Manager Dennen is tired of having his
hundreds of feet of wharfage submerged
and inaccessible by steamboats,. to say
nothing of seeing big chunks of his val
liable frontage dissoving before the
waves which are doing everything but
flooding his cellars. 1t Is the old story
of water foot higher than the charter
allows and no prospects of an abatement.
which last spring resulted in a law suit
and by which the kineo company OBJ
tanned redress amounting to something
like $1,000. Mr.. Dennen had a pointed
conversation the other day with rep
rasentative of the Moosehead company
and failing to obtain anything like salts
faction. is understood to have authorized
his attorneys to proceed with a bill in
eauity.4Piscataqui Observer.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Meeting Of Botanical Society.

The third annual meeting of the JOS
selyn Botanical Society of Maine Will
be held at Foxcroft academy, Foxcroft.
July to 9. The meetings will be en-
tirely public. A programme is made
as follows, subject to changes, which
may be incidental to the weather and
unforeseen causes:
Tuesday, July 6. $50 A. NJ, opening
meetings, preliminary business, reports
of secretary treasurer and committee,
1880 A. NJ. Our Society; it's Aims and
Hopes" the president, Prof. A. L. Lane,
Coburn classical institute. Waterville;
discussion; 11.3O A. NJ, The Story of
Our Summer Club. an Experiment,
Miss Mae A. Clark, Ellsworth; discus
sion; 2.30 T. NJ, AN introduction to the
Lichens," Albert r. Sweetser, botanical
museum, Harvard university, Cam
bridge. Mass; discussion; $50 +. NJ,
The Trees of Maine" Mrs. Mary Z.
Taylor, Portland; discussion.
Wednesday, if pleasant. will be de-
voted to excursions in the vicinity of
Foxcroft. If stormy, the programme
assigned for Thursday will be carried
out.
thursday, $50 A. NJ, dlScuSSlOn VI
points suggested by the field excursion;
1890 A. NJ, THE Algae of Maine Com
pared With Those of Other Regions.
Frank S. Collins. Maiden, Mass. dis
eusson; 11.30 A. NJ, THE Floras OF
South Africa and New England Con-
trasted,' Miss Mary F. Farnham, South
Bridgton; discussion; 2.30 p. NJ, How
TO Look for Fungi" A. B. Seymour,
cryptogamic herbarium, Harvard uni
yersity, Cambridge, Mass; discussion;
500 p. NJ. "Some Jesuit and Other
European Influences Upon Our North
eastern Flora" Merritt l.. Fernald,
tray herbarium. Harvard university
cambridge, Mass; discussion: 4.30 r.
a., election of officers and other bust
ness
Friday, July 9, excursion to Moose
mead lake and Mt. Kineo.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Daily gtuurhft Journal
AUGUSTA LOCALS.
rRAmPlNG FOR FUN.
pedro Perez. New York ior St. John. Calls
on tho journal.

Pedro Perez called at the Journal
office. last evening, and inquired for
VIM. Martin, who, he said, was walk
ing from New York to st. John. AS
william has not yet called on us we
were unable to give Pedro any points
az to his whereabouts. Pedro says
they started together, May 15 and have
tu July to complete their task He
claimed that he has been several days
ahead of William since they started,
and we presume he knows. We will
ask Bill when he arrives.
Pedro says he gives little entertain
ments in legerdermain and card manip-
ulation along the way, to raise the
wherewith to pay for food, lodgings,
foot wear. etc. but as he only raised
about % cents at his entertainment in
the Armory at City hall. last night, he
wants to shake the mud of this section
from his feet in a hurry. William de-
nends on newspaper work for his neces-
saries and luxuries. and if Bill sees this
or knows when he is Well off, he will
take another routLlest ne fare even
worse than Pedro.
Perez says he is Spaniard, but was
raised in this country, hence his pure
English. He is rugged, hearty look
ing Young man and is evidently bot
Hing I'D some good health on his long
foot Journey even if he is not raking in
the sheckels by the bushel. 1t strikes
us. however, as we look back and think
of the beautiful weather of the past
few weeks that Pede might have done
fully as well to have started for St
John by steamer-he wouldn't have
seen much more water and would have
have seen much less mud.
Pede says he "hoofed it, from Bruins
wick, Monday, and will strike out early
this morning for Waterville. thence tc
Skowhegan and Bangor. Good bye
Pede Glad We called. If Bill evei
reaches here. Wen tell him that we saw
you. Good luck!
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Somerset.
SOUTH NoRRIDGEwoCK.


Mr.. and Mrs. A. Q. Frederic gave a
reception in honor of the 18th ami
versary of their marriage, Thursday
evening, and the 70 friends who
gathered at their beautiful home on
Main street, made up happy party.
Mr.. and Mrs. Frederic received from
until 3 o'clock, after which a short
literary and musical programme was
carried out. Refreshments of ice cream
and cake We're served. Rev. J. A. Jones
in very pretty speech presented the
gifts to the couple in behalf of the
givers, to which Mr.. Frederic responded
feelingly. The following is a list of the
presents: Easy chair, hat tree and sill
yer spoon by SIS members of Somerset
Rebekah Lodge; table. Mr.. and Mrs.
NJ d. Frederic; pillow, Mr.. and Mrs.
Harper Allen; pickle jar, Mr.. and MIS-.
S. F. Lawton; picture, Mrs. VIM. Gould;
glass water set, Tobey, Ward, Allen and
Leavitt families; berry spoon, E. s.
Miller and Mrs. Ward; ornamental
banjo, Mr.. and Mrs. G.. S. Morse; pie
knife. Mrs. Pierce; vases, Mr.. and Mrs.
Il. S. Frederic, George w. Shay and
Mrs. w. f. Brown; rose jar, berry dish,
silver bread tray, souvenir lamp and
saucer. coffee spoons and mustard
spoon neighbors; glass card tray, Mrs.
George Porter.
HARMONY.
Several farmers will not plant any this
summer ON account of the late rains.-A
two-year-old child of Scott Merrill fell
while at play and broke her arm one
day recently-Afrs. Jane Folsom is very
sick with rheumatism. Isaiah Whittier
had his finger crushed severely recently.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
REAL ESTATE TRANSFERS.
Lincoln.

The following real estate transfers in
lincoln county for one week:
BRISTOL-Ruhamah Bradley to L.
Bradley, land. 81.
,JEf'FERSON--Sam Rice to Zaccheus
,nodgkins. land. 1913; Abel Robinson to
n; Z. Hatch, land and buildings, S2i5.
TLE-Caroline Hutchings ct
~ to Ira j. Oliver, land and buildings.
lSCASSET-Edward Mute to Arabel-
ID Mute, land and buildings, $1,000
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

The Enterprise takes pleasure in stat
ing that Percy a. Small one of the most
actlve firms in Bath, are to a once COM
Hlehce work on a large four masted
schooner The frame for a large five
Mlasted schooner which will be built by
->atiltpfel I. Palmer is on its way here
a IN as soon as it arrives will be put up
wv ny Two light ships at the Bath Iron
r MoIks are planked and will soon be
4eaoy Tor launching.-Bath Enterprise.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Penobscot.
NEWPORT.

NETW POII
.;al meeting Of the order of the
ctar was held Tuesday eve
n.a' M, GRAND worthy matron of the
,trs Annie Nj Eaton was pres
r,,o deyrees were exemplified in
en'. ,tisfactory manner At the
at;nr two candidates will be
heN. 49, - the order-Mr. Whitney,
the jeweler VIII soon - u
s.oi The graduating class of
i'ia.n .hool will have a lawn party
the 7, p Dow's. Wednesday eve
at NJ ond ice cream will be served.
nlns' Inab Grant has closed up her
ni,,ass and gone to Kineo for the
pus'l,, Mrs. II. b. Rackliff is visit
;ng her nephew in Corinna.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

Instantly soothing, stimulating. pain
killing and strengthening are the Hop
Plasters when applied to bodily all
ments. Your medicine dealers have
them.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Moth.r., ,fother,,, Mot,.er,,,,

NRs wISsLow's SOOTHING SYRUP has been used
over FIFTY YEARS ty MILLIONS Of MOTHERS I,
their CHILDREN while TEErHiNG, with PERFECT
SUCCESS. II SOOTHES the CHILD, SOfTENS The
GUMS, ALLAYS all PAIN; CURES WIND collie
and the best remedy for DiAkRlitEA. Sold By
Druggists in part Of the world BE sure and asl
for Mrs. Winslow'a Soothing syrup, and take -
,ther kind. Twenty dive cents . bottle d&wlyy
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Hancock.
sURRY.

George Clark has recently purchased
q small dwelling house of G. A. Allen
a.iu - having II moved to his land on
NORTH street.-Mrs. Mary Gay who has
peeh visiting in Bangor for some time,
mas returned home.-Mrs. Geo. Beedt
VI East Boston is visiting her parents
MI. ana Mrs. Chas. Beede-Mrs. Lord
ana daughter. Miss Eleanor, of Bangor
are IN town visiting friends and rela-
tives.-Miss H. NJ. Curtis is stoppins
with her sister, Mrs. II. c. Treworg,
at present.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

Standard reputable articles are not
dear at the prices asked for them. Sub
stitutes offered by INSCRIPTIONS and ir-
responsible makers are costly at any fig
ure. Be sure that no humbug is prac-
ticed on you when you 20 to buy.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Waldo.
CENTER MONTVILLE.

The Kennebec and Waldo Musica
Association met here on June Nth
Many were present from Albion, Unity
Liberty. Morrill,, etc. The singing Wa
directed by Mr.. S. Rollins of Unity. II
was a very enjoyable occasion.-A
daughter was born to Mr.. and Mrs
(;ershom Oxton on the It'll inst, and q
son to Mr.. and Mrs. Ralph NJ. Garter
on the 12th.--It is understood that W
r. White has bought Oliver Bowen
farm and that Mr.. Bowen contemplate
building a house near the steam mill
]. w. Wentworth and w. B. Jaquitl
have returned from Temple Heights
where they have been doing some car
penter work for Mrs. NJ. e. Herman.
HALLDALE.
Rev. James Washburn of Parkman
preached at the church last Sunday
morning-Mrs. Clara Ingraham G
Knox, who had been sick but few
weeks. passed peacefully away, last
Saturday night.-Mrs. Frank Thomp-
son, who has been spending several
weeks in Massachusetts, has returned
home.-Mrs E. Nj. Jones and little
daughter. of Boston, are visiting at j
T.. Halls.-The Montville quarterly
meeting will be held with this church,
Friday, Saturday and Sunday. 1t Is
expected there will be baptism some
tine during the meeting.-Will Young
returned from Pepperel, Mass, last
week-Mr. and Mrs. Walter l.. Tob!e
ard little daughter and Miss Sadie
Slater of Sparta, Wis, are visiting Mr..
Tables mother. Mrs c. NJ. Plummer.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
STATE MEMS.


Augustus B. Rand j b,oh,,, .,ss
citizen Of Standish. was NJ work - man
~ m af,a caring away barn when one of the
a'a .e In. became loosened from its STAYS
any ana s ssa, striking Mr.. Rand on his head
found ''9 ,hn. Upon examination it was
,rs,. Mr.. Rand had received severe in.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

Tho fog bell on the new Spring Point
upnthouse Portland Harbor. will be low
cred one story. The vibrations have
cracked the lens.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
CAsTo1I
.': ~; .Z14ZzNu ! =:
Died
KENNEBEC

Augusta-June IS. Philip. only child Of
Edwin q and Harriet Il. Dudley, aged II
Years 8 months Funeral "Wednesday,
at eleven O'Clock. Burial private
ualloweu. June T. Mrs. Mary Brown
Rundlctie. formerly of Mt. Vernon, aged
about 20 years.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

No honest dealer will try to sell whs
he knows the customer did not order an1
does not want. Substitution thrives for
a time but il the long run 1t goes to the
wall
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
inst What He Needed,

Il have taken six bottles of Hoods
Sarsaparilla and found it to be just
what I needed. l had no appetite and
suffered with terrible pains in my side
Since taking Hoods Sarsaparilla l can
eat heartily and can do a good days
work. l cannot speak too highly of
Hoods Sarsaparilla." EDMOND
ROBERT, East Gambia, N. II.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Born.
SOMERSET

Harmony-June II, to the vile OF y >.
q Jsjmbail a daughter; June IL, 10 the
wife nf Ephraim Sinclair, son.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15
Washington.
vINALIAVEN.

VINALHAVEN.
A very sad funeral was held here re
Gently. when Mr.. Hiram Shirley and
daughter. Lola, aged about 10, were both
buried at one time the daughter dying
about &c hours after the father. both
from the same disease, consumption.
CALAIS
The Boundary House at Midtown,
which has been closed all winter. owing
to the depression in business. has been
opened up again under the management
Of Joseph Wheeler of Fredericton
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-15

HOODS PILLS are purely vege-
table and do not purge. pain or grippe
All druggists.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-03-31
SUPREME JUDICIAL COURT

The following rescripts nave been re-
ceiyed from the law court:
Knox, SIS.
q. p. Jones and George I. Rogers VS..
the Vinal haven Steamboat Go.
RescriDt, Whitehouse, j 1t is well
settled law that in an action by firm
for partnership claim, q demand
against one Of the partners individually
is not legal or proper set-off, and con-
versely in an action by one of the firm
for his individual claim, a demand
against the firm cannot be offset.
The case shows that one mem her Of
the plaintiff firm WAS treasurer OF the
defendant company, and had in his
hands, as treasurer, money of the defen-
dant company. Ii fails to appear that
he ever held this money in any other ca
pacity than that of treasur He never
received it or held it as partner in
the plaintiff firm. He never approprist-
ed it or attempted to appropriate it to
the payment of this partnership debt.
There Lad never been any agreement
that it should be SO appropriated. The
defendants claim cannot be allowed by
way of set-off or recoupment or ON the
ground Of payment.
Judgment for the plaintiff for 81. 972. 16
with interest from the date of the writ.
Washington, SIS.
William C. Holway ct ais. VS.. the pro-
prietors of the Mac HAS boom, and VIII
liam q. Holway vs.. the proprietors of
the Maohias boom.
Rescript, Whitehouse, 1.-The jury
found that the aggregate damages sus--
tained by the plaintiffs in the two Gases
was SO. 1877. 80. and by agreement this sum
was equally divided between them and
II verdict for 81, 098. rs rendered in each
case.
1t was Incumbent on the plaintiffs
to prove that the defendant corporation
did not exercise reasonable prscaution
or due care and diligence either in the
construction and repair or In the man
agement of the boom. The evidence salts
faotorily shows that the defendant COM
psny failed to perform this reasonable
obligation by reason of radical defect
in the method of constructing the boom
and or want of proper inspection and
repair OF the chain across Dublin gap.
1t is the opinion of the court that the YER
dict should stand.
Motion overruled.
franklin, So.
Silas H. Niles vs. A. L. Phinney and
John Gray, IT.:
Rescript, Whitehouse, 1.-THE plain
tiff had the right to insist upon COM
pliance with the conditions of the bond
anu to enforce forfeiture for breach of
such conditions. He also had the right
to waive a forfeiture of the bond and en-
force payment of the notes. He manifest
ly selected to purpose the latter course.
He performed no act from which con-
trary intention can be inferred. He had
legal right to the possession of the pro-
perty until notes were paid, but only
exercised that right by resuming posses
ion after the defendants voluntary aban-
donment of the premises.
He still retained the title and was pre-
sumably ready and willing to perform
the obligations of the bond on his part
by conveying the land to the defendant
upon payment Of the notes. He has not
intended to avail himself of the forfeiture
of the bond, but By seeking to enforce
payment of the notes has waived it.
Executions oyerruled