davidaulloa/AmericanStories huggingface dataset:
The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1897-12-17
Chewed Matches.

ST. LOUIS, Dec. I3.-G ustave Rubake,
aged three years, died Sunday after
noon from phosphorus poisoning, the
result of chewing matches
The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1897-12-17
TIE DREADED CONSUMPTION
gAT b Cured

I. A. Slocum, NJ. c. the Great
Chemist and Scientist, Will Send
Free, to the Afflicted, Three
Bottles of His Newly Discov.
cred Remedies TO Cure
Consumption and all
Lung Troubles
Confident that he has discovered a
reliable cure for consumption and all
bronchial, throat and lung diseases,
general decline and weakness. loss OF
flesh and all conditions Of wasting,
and to make its great merits known
he will send, free, three bottles to
any reader of the BULLETIN who
NAV be suffering.
Alrsa1v this new scientific course of medicine"
has permanently cured thousands Of apparently
bope.-s> yt-rS
The Du.rur c0usidsrs-it his religious duty-a duty
uhich he owes 20 humIuity-to donate his iniSlli.
be cure.
lie has proved the dreaded consumption to be
durable disease beyond any doubt, aud has on Gle
IN his AUetlCgn and EurDsCIu Laboratories teSti-
mouials of experHurs fro1 those benefited and
cured. II all parts q tho world.
Doa't delay until 10 is too late. Consumption,
Address T. A. Slccum, NJ e., 9S Pine street, New
York and when writing the doctor please { "
express aud UoStofice address, and also mention
reading this article in the BoLIvAz BULLETIN.
The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1897-12-17
THE FIFTY-FlFTH CONGRESS
(FIrst Regular Session.l
SENATE,

WAsHINGToE. Dec. 13.-Chaplain Mil
burn, in his invocation at the opening
of the senate, made touching reference
to the death OF Mrs. Mckinley, mother
of the president.
Mr.. Davis, chairman of the commit
tee of foreign relations, called up the
bill proli biting the killing of fur seals
in the north Pacific ocean, but on the
suggestion of Mr.. Pettigrew 6. d.,
who said he desired to offer soma
amendments to it. it went over.
A bill was passed for a public build
lug at Durham, N. g., to cost Sl25,OO0.
Mr.. Pettigrew Is. Dy called up the
bill granting to settlers the right to
make second homestead entries. and It
was passed.
At two o'clock the immigration bill
was taken up. An agreement was
reached to vote on the bill January II,
and the senate adjourned.
HOUSE.
The chaplain of the house, Mr..
Couden, in his Invocation, referred
eloquently and feelingly to the death
Of the presidents mother.
Mr.. Bingham rep, Pa.) from the ap-
preparations committee, reported to the
house the legislative, executive and.
judicial appropriation bill, which he
gave notice he would call up Tuesday.
BY unanimous consent resolution
was passed to print 1000 copies of the
testimony of the civil service commits
sion before the appropriations commit
tee for the used of the house.
Mr.. Cannon, chairman of the COM
mittee on appropriations, secured
unanimous consent for the passage of
an urgent deficiency bill, which he ex-
planned carried but three items, S. 900
for the construction of a building at
the naval academy; $50, 900 for the pay
ment of the temporary employees of the
house and senate. and $l75,000 for the
payment of the mileage of senator's and
repreSen tativeS.
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06

time entitled to one-half of the house.
Mr.. Thomas A. Catron, one of her
executors, testified: He was nephew
of her husband, and she had taken him
when a babe of three months and kept
him until he was nine years old. He
had exceptional opportunities of know
ing Mrs. Catron. He had been collec-
tor of revenue of Lafayette county, and
had removed from his farm to LeXing-
ton. He saw his aunt, the testatriX, rs
often as once q week. lie had bor-
rowed money from her, and they mann
tanned the most affectionate relations
with each other. Mr.. Catron was a
witness on the former trial, also. his
evidence contains much as to the un-
happy estrangement of defendant from
Mrs. McFadin, his sister, but on the
question as to Mrs. Catron's capacity
it is readily summed up.
lie admitted that he testified on the
former trial that he had transacted Dusl-
ness with Mrs. CatrOn in August, 1890,
several months after the will was exc
cuted, and was asked what was the
state of her mind then, and had an
sWeIed, II think ID fBdS good lie had
never questioned her sanity. He testified
also that during the last year of Mrs:
Catron's life "she grew feebler bodily.
II would judge her mind was not as
strong as it was in early life. Il con-
sidered she had a falling mind. Il
don't think her mind was as strong as
in previous years. He further testi-
fies that on one occasion he was at her
home and she told him that Terhune
had fed six or seven cows on their COM
mon lot of corn, and she asked Terhune
if he did not pay extra for his extra
cows, and he said no, She appealed To
the witness to know if Terhune had
acted fairly, and he told her he had not,
and she subsequently refused to pay
Terhune the half of some other expense
until he settled for the COW feed.
lie testified she had rheumittism and
the cancer, from which she Suffered
much pain; In another place he says!
81 think when she was in good health
she was woman of good Judgment
fair Judgment" "In the last month or
two of her life / was at her hoase for IA
week at time. Saw her in Ihne, be-
fore her death the sppoeedinEa March.
Her health III mind and body at that
time, compared to her conditioiDtwO or
three years prior thereto, was weaker
and Trailer Her mind was not as
memory was not so good. She was
more childish, as None of her age aud
disease would be: nothing more than
one would expect from her condition;
he was up in the eighties in years. y
Col. Josepll Dav4s, then in his 10th
year. testified stEm thessaw Mrs. Catron
in 1870, and again in 1851. Asked as to
The condition Of her mind i'll 1889, re-
piled: II can not EXPIRE $ it properly
in any other way than that her mind
seemed to be declining with her body.
II had no conversation with her to
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06

was becoming enfeebled in mind with
old age, but the mere statement that q
mind is weaker at one time than 1t was
at another impaTtS no information as to
the capacity of the person to make a
will at the time of its execution. Such
indefinite generalitieS will not suffice.
The law eXactS something more deli
mite and tangible than such assertions
to destroy the presumption of capacity.
On the other hand, plaintiff offered
checks of Mrs. Catron on Lexington
banks, tending to show she transacted
much important business up to January
1891. She had drawn out $1l50 in 1890
and had cash balance of $672.S9.
She continued purchasing time depos-
its certificates long after her will was
made, thus keeping her money at inter
est all the time
While Mrs McFadin testified in a
general way that her mothers mind
Failed rapidly III her last years, she fixes
the occasions when she observed this to
be when her mother had violent pains
and spells of choking.
Her own evidence clearly indicates
that when not so suffering her mother
neither did nor said anything irrational.
Not only did plaintiff fail to show such
want of capacity in her mother to make
a will at the time it was executed by
affirmative evidence but her own wit
nesses who had opportunities of really
Judging of Mrs. Catron's capacity estab
llshed the contrary.
Mr.. Robinson, witness for plaintiff,
who boarded with her, talked consider
ably with the old lady and found her
exceedingly interesting, Intelligent and
sound minded.
Mr.. b. II. Ireland, a merchant and
banker in Lexington, testified she was
a woman of good sound Judgment.
Never saw anything to the contrary.
John CatIOn her hrother-ln-laW who
had known her since 1888 testified that
she was IA woman of good common sense
and strong mind. She was of positive
firm character and disposed to have her
own way. She had an opinion of her
own aud generally held on To it. But
conceding that Mrs. Catron was growing
more feeble, both in mind and body and
this is the utmost that can be ascribed
to all of this evidence, yet again and
again has this court and other courts of
last resort determined that these circum-
stances alone did not disable her from
making viii. Her capacity to make
her will was clearly established. Couch
VS.. Gentry, ll3 Mo, 24S, and cases cited,
II.
But it is further insisted by plaintiff
that the will in contest is the result of
undue influence exercised over Mrs.
Catrnn by her son, James Henry Catron.
Is there substantial evidence of such
undue influence i'll this record2
1t will be helpful before examining
the evidence to ascertain what the law
of the land denominates undue inilu
ence.
In Williams on Executors II American
Editiun) D. IS, it is said lit must not be
the influence of affection and attach
ment; it must not he the mere desire OF
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
,ring ont ANYTHING of the kind; inst her

bring out anything of the kind; just her
general appearance and Manner
Mrs. Fletcher was not examined in
chief as to Mrs. Catron'S mental capac
lty. bat admitted on cross-examination
that her conversation was clear and eX-
plicit. She supposed she knew what
she was talking about. George Gordon
saw Mrs. CatrOn in the spring of 1890.
lie had not seen her for four or five
years. lie stopped and took dinner.
He talked with Henry Catron and Ter
hume principally while there. Mrs.
Catron was not feeling well. Didn't
talk to her much. Her dinner was
served in her room. He thought her
mind had failed considerably. He
thought she was weak in mind and
body, without stating any single fact
which rendered his opinion competent.
Huston gave his opinion also that
she was weak and childish. He based
his opinion on the fact that Mrs. CatrOn
did not seem to remember where he
lived at that time; that she told one of
the children to go away; complained
good deal; seemed to be forgetful. He
does remember, however, that on that
same occasion Mrs. CatrOn consulted
him as to the disposition of her proper
ty. This witness confessed to the NOR
phine habit about the time he was at
Mrs. Catron's house.
wesley JOIllSOll. WllO was cACcculllRly
deaf, thought Mrs. CatrOn was childish
because she asked him twice in one con-
versation where he lived, and what
caused his wifes death. He went to
collect a stallion bill, and she asked him
to wait until Terhune returned, and
when Terhune told her it was correct
she paid it. He moreover attempted at
that time to buy her mules, calves, and
other property.
lie stated no fact from which any one
could form the most remote idea of inca
pacity on her part. The old lady very
naturally and modestly declined to dis
cuss a stallion account with him but
referred him to her agent, Mr.. Terhune.
Henry Mason, an old negro man who
worked for her, testified to her wise
oversight over his work.
Minatree McFadin, son of plaintiff,
testified that he had known his grand
mother all his life. Her mind he
thought was somewhat impaired; was
not so strong in the latter part of her
life as it had been before. He however
stated no fact upon which he based his
opinion or drew his comparison.
The same must be said of the evidence
of Mrs. Evan Young, Mis-. Metcalf and
Mrs. Huston.
They merely state in word that she
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06

after the war and care for her is not
founded upon sound reason.
Mrs. Catron, with her unusual vigOr,
really needed no one to manage for her
at that time. 1t must ever rebound to
the credit of defendant that instead OF
becoming a pensiOner upon her bounty,
he went out into the world and made
his own home and fortune.
1t would be an unnatural father or
mother who would not rejoice more in
the success of a son, who unalded, won
the respect of the community into
which lie cast his lot, and attained the
enviable position which the defendant
is shown to have acquired i'll Nebraska
CITY, than in one who woulu calmly sit
down and SubSist upon the products of
a farm won by the energy of his parents.
We doubt not that the success of her
son was the sweetest reflection that
cheered the life of Mrs. CatrOn in her
o'd age Had he been less sc f-reliant;
mad he mauo himself burden on his
mother, or had he made her home his
home all these years; and deprived his
sister of an opportunity to see her
mother, some argument might have
been built upOn his selfishnesS, but
when it is shown that he went to an
other state, and by his own energy
wrought out his fortune, and at the
same TIME Iilullllttlii6b GulllAstl anu dhCC-
tiOnate relations with his mother, 1t
must be said, as to this claim of unduti-
fulneSS. that it Is utterly groundless.
But it is said that he came to stay the
last months of her life, and that his
motive was to compel Il will i'll his
favor. His conduct in this respect was
natural aud normal. Had he failed to
come, adverse criticism might be justly
made upon his lack of affection, but
L. .,A nEfN inn fNN
her in her last moments upon earth the
sweet small offices of affection, cheering
her with his constant presence at her
bedside, his conduct must receive the
of all right thinking
people.
: Tie one great fact upon which the
charge of undue influence seems to rest,
is that during the defendants visit in
Nav, 1890, on one occasion the door OF his
mothers room was locked or bolted while
ne was with her. 1t is assumed that then
and there he eXtorted a promise from his
mother that she would make the will in
his favor, as she subsequently didi that
he then and there wrought upon her
fears by threatening to throw himself
before a train and commit suicide. That
after being locked in the
room with his mother, the defendant
went out to examine some fencing, and
when he returned found his mother
greatly eXcited-that is to say, she was
alarmed lest he had gone to commit
suicide,
NO witness testified to a single fact that
in that room on that occasion,
except the defendant. His explanation
is simple and natural. He says that his
mothers house was on the highway to
Lexington; that Terhune's children fire.
quently annoyed his mother by coming
into her room, and the servants and
others often came in, and that on this
morning his mother desired him To look
for a receipt of DR.. Fulkersou for money
she claimed to have paid; that she also
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06

have stopped with the statute of des cents
and distributions, which provide equality.
Having the right to discriminate, a testa-
tor may act unreasonable. He NAV be
governed by his likes and dislikes: and
still his will must be supported. When.
this case was here on the former appeal
1t was said: =.
"The presumption is in favor of the
validity OF the will, and it cannot be that
the mere fact OF unjust discrimination in
It's provisions WITHOUT MORE, shifts the
burden on defendant"
inequality alone raises no presumption
OF undue influence. Farmer VS. Farmer,
l29 Mo-, $50; McFadden VS., .Catron, 100
Mo, 2b2; Maddox VS.. Maddox, ia Mo- 80;
Berberet VS.. Berberet, 131 Mo, 800.
This being SO, IL was error to submit the
issue of undue influence to the iury
Wckert VS.. Flowery, 43 Pa. ST., as; Jack
son VS.. Hardin, So Mo-, I75.
We have hesitated long in holding that
there was no substantial evidence upon
which to submit this case to a fury but il
has been twice tried, and on neither occa-
sion was there elected any evidence of "A
substantial character tending -actordfng
to the Wei defined principles. of Iayg,tS
prove that defendant had practIeed any
fraud, or had resorted to any undue iIrfth
ence, as these terms are construed by.tha
courts to coerce or eXtort from his moffief
the execution of this will in his fnVoEnx,
the time OF or prior to its execution and
declare. =. =
IL Is NOT necessary that resort should be
had TO the evidence offered to show that
Mrs. Catron was prejudiced against hsf.
daughter. The evidence abundantly shows
that Mrs. McFadin is a lady of ardent
temperament, and that while it may be
possible she may have said some unkind
Things in moment OF excitement, vet she
seems to have been dutifu daughter and
cheerfully and lovingly rendered her
mother the most loyal service at all times
and especially in her illness. 1t is suff-
cient for US to roie upon this case that the
and legal testimony in plain
tih's behalf fails to show any want OF tes-
capacity, on the part OF her
mother to make "A will, aud is barretf of
any substantial evidense that Mrs. .0at-
ron's will was obtained blythe exercise of
undue influence by her son. g..
The judgment is reversed and the cause
with directions to the circuit
court to enter Judgment, tnat the Paper
writing propounded as the last will and
testament of Martha Catron be establish
ed as the last. will and testament OF said
Martha Catrou, aud that defendant re-
cover his costs laid out and expended.
All concur. Burgess and Sherwood,
J. j., concur. -,
JB. CAN'T.
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06

revoke or retract it. Notwithstanding
her age and suffering from rheumatism
and cancer, we discover nothing in all
this voIumlnous record which would
justify court or jury in saying tnat
this rather remarkable old lady had not
testamentary capacity when she exc
cuted the paper writing in contest as
her will. We are of the same opinion
as on the former appeal, that no such
issue should have been rendered to the
jury.
We think the court should have in
structed the jury that there was no
evidence before them to justify YER
dict, that at the time Mrs. Catron exc
cuted the will in contest, she did not
have sufficient capacity to make the
same.
This we consider the established
practice in this state. Jackson VS..
Hardin, S3 Mo, 175; Maddox VS..
Maddox, ia Mo, So; McFadin VS..
Catron, 100 Mo-, 252.
When the formal execution of will
according to the requisites of the stat
ute, is shown as it was in this case,
beyond n peradventure, and the sub
scribing witnesses testify to the proper
age and sanity of the testator, the law
presumes the testator was pos 'essed of
testamentary capacity, and it then
rests upon the contestant to overcome
this presumption by substantial evil
dence.
Carl VS.. Gabel, 120 Mo, 2S3.
How was this burden overcome?
The earnestness of counsel demands
that we enter upon "A somewhat minute
examination of the evidence which they
claim successfully established a prima
facie case of ineapacity and shifted the
burden from plaintiff.
A. T. Catron, a nephew of Mrs.
Catron, testified that in 1873 his father
desired him TO go 10 school in LeXing-
ton, and he asked Mrs. Catron what
she would charge him for board and
she told him to see Terhune; that she
had promised him not to do anything
without consulting him. When he
became importunate and insisted on
her telling him her price, she was very
firm in refusing to do SO and he left.
Terhune was under contract 10 furnish
half of the supplies and was at that
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06


ami
rails The
the o
wider
the
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
j B. CAN'T.
TINE TABLE:

Commencing Sunday, Nov. 18th, 1896.
trains will pass Lexington junction ON
the Wabash as follows: 80
West bouud--No.5, 5, Kansas City and IDps
Moines express, $40 a, MP; sH0 &, Dedser
limited, 7 40 n. M; No. q; fast Hne54 10 %
M; No. n, local fieight, 4:35 y. M; ~
East bound-No. 2, New YORK limitep,
1l:01 a. M; No. g, Chicago and Toledo fast
mail, 7:45 p. m; No. 4, st. Louis and Des
Moines express, 10:41 p. m. No. 20, local
freight, 500 a. m,
p. w. CARTER, Agent,
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
Santa FE ROUTE.

Trains arrive at North Lexington;
Especial passenger daily ......--.... $50 a m
Trains leave North Lexington:
especial passenger" daily ........-... SEQ n. m
Trains pass Lexington junction
GOING WEST.
No ], Mexican and California EX-
press daily leaves. -. 1910 p. m
No. s. California limited, leaves :i5 a m
No. So, local. freight. daily except
Sunday, leaves -.----..-.--... 800 p m
Trains pass Lexington junction
GOING EAST.
NosR Atlantic Express. daily. leaves. 9:l0 a. m
No 81 Chicago limited daily, leaves. S:l6 y. m
No. 81, local freight, daily except
Sunday leaves ......... IL 30 n. m
special passenger train leaving North
Lexington at $500 a. M. daily and runs through
TO St Joseph without change; also makes
close connection mt Lexington junction for
all points east and west.
]. d. EASTER, JR., Agent.
Geo. T. Nicholson, G. z. A, Chicago.
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
NEW YORK RACKET STORE
~~wILL OPEN FOR BusMEss-
SATURDAY, Teb>13
~s~o~s~s~s~

wY
to aean
hd d y
mot n ntsetme
an ye e
I vii euth
duW
tadne
haven
Hrwh
be ryfwHys
CTC
Gents Tie
FEW OF OUR BARGAINS:
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06

Trains No. l0l and iOe daily except Sunday.
All other trains daily.
Excursion tickets sold to Kansas City Satur-
day evenings, Sunday mornings, and Sunday
evenings at one fare for the round trip. good
for return up to and including Monday morn
ing following.
Through tickets and checks TO all points
Round trip tourist tickets on sale to all tourist
points.
8. A. VERMILLIoN, Ticket Agent.
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
|GROCERS
FINAL sETT LEMENT
Successors to W. X.

Notice Il hereby given to all creditors and
other persons Interested In the estate of Susan
a Hockensmith, deceased, that the under
signed executor will apply to make final set
ue,nent of said estate Mt the February term,
IR07 OF the probate court of Lafayette county,
No TO i,e begun and held at the probate court
room. in the city of Lexington. on the second
1""1@' DAVID A. sLUsHER,
l-a-6t Executor,
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
HOME MONEY TO LOAN.

The money now In hands belonging to the
estates of minors is for loan, part on prime
real estate and part ON good personal security.
PARTIES desiring TO borrow will do well to call
NJ my office, In the Hearle building.
mayl3tf s. N. WILSON,
Public administrator and ex-ofcio Public
OsPatOr
The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1897-02-06
a FEW OF OUR BARGAINS:

Mems waterproof cuffs. ...................l2c l2c
Mems fancy wool shirts. ..--...--...- .... 49c
Mems black silk bows. .... Sc
Mems fancy and black scarf ........ .i5c
Mems fancy laundried percale shirts . SIC
Mems Jply bosom laundried shirts ..... 4:c
Mems 3-ply bosom unlaundried shirts m 29c
No. ribbon, six yards for, &c
No. ribbon, all silk, three yards fol. sc
No. ribbon, half silk. three yards for. Sc
fa. ribbon. half silk, two yards for sc
No. ?. RI ~ half silk fancy. one yard for sc
No. ribbon. aif SIX, Der yard ..-.4c
No. ribbon. all silk. per ya7aA s. Sc
No. ribbon. all silk. per yard ... v. &c
No. ribbon, all silk. per yard .........c-
No. l2 ribbon, all silk per yard ..........s &c
Five inch rat tail file. :. .......-.......sc &c
Double-handle curling irons Sc
Moulding hook, per dozen n...................4c 4c
Two key paddock ..... ..... ............i &c
Two key red Jail lock ....... ...............5 sc
Six inch nickle plated shears ...... >.
Two feet carpenters rule ........ sc
Two key fiat lock .....-.. ............. 10.
Two blade ladies' or girls knife ........ 6,.
Five inch Hat nose plyer. &c
Six inch razor hone. e................. .... DC.
Six good table spoons p. ............- 90.
Plated pocket wrench. ............... &C.
Eight inch strap hinge. per pair ........... DC
Full size nail hammer. 7c
Six inch pinchers. -.............. .....7 &c
Six inch screw driver. ....... &c
Mems blue overalls ....... ................ :.Dc
Mems blue overalls, twilled, pat buttons
with tips o. NEUTRALITY-SUSPICIOUS.. 5oc
Two wood covered slate pencils ........ Ic
Pencil box with ruler, lead and slate pen
ell, pen holder and chalk for........ sc
One dozen lead pencils ........-.. ....... b.. Sc
blackboard eraser &c
Bottle of gold paint Sc
Twelve inch cedar polished ruler .......... &c
Hand saws s................... ......... lie
Hand saws ............ ...... BIC
Hand saws----................ --.....-.......;S ;Sc
Flahes.' ..''-.''-...''.--..-... l9c