davidaulloa/AmericanStories huggingface dataset:
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
FOR eUT-oF-rowN SUBSCRIBERS.
The Picture Maine VIII lie Sent to
Our Patrons Out OF Town.

Yielding 10 the urgent requests or our
subscriber, In various parts OF the state.
We have concluded 10 send the hand
some souvenir picture Of the ill-rated
battleship Maine by mail upon the re-
cript Of one coupon and cents.
II is a Golored picture. 91-4xl5. cleverly
exeeuted in every detail. and taken from
an oil-painting done by L. \. Atwood In
1898. and owned by Brgadier-General H.
4. wheeler. II Will be found admirably
suited for framing.
In order 10 obtain the picture. cut out
q coupon which will be found at the bot
tom of The last column OF the first page
Of the DISPATCH, and bring or send il
to tho Dispatch with cents
Persons desiring the picture by mail
should be careful 10 write their names
and addresses plainly. Address PICTURE
DEPARTMENT. the Dispatch. Rich
mond Va.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
ALL QUIET IN HtRtNt.
Prominent People Believe War May
Yet BE Avoided.

HABANA. April l9.-Qulet prevails
here. and prominent people believe war
may yet be avoided, but business is al
most paralyzed.
According to statements made by Span
lards here. the insurgents recently cap
tured in this province sergeant OF vol-
uuteers. whom they killed and most ter
ribly mutilated. cutting out his tongue.
eyes. and other parts of his body.
FOOD PRICES RISING.
Exchange is still falling. Provisions
are rising in price. although stan aound-
ant. Local committees have placed
thrty-eight districts Of Habona IN an
offensive and defensive position, without
the aid Of the tsoops or the volunteers.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
THE ALABAMA DEMOCRATS.
Their state Convention Meets To-
Dsy-The Politicians Busy.

MONTGOMERY. ALA, April l9.-The
Democratic State Convention will meet
here to-morrow 10 nominate a full State
ticket. The town is fun Of politicians
tonight, and they are very busy on their
fences
The principal fight is over the position
NJ Chief Justice. there being two candi-
dates There il no opposition to the
present Governor. Auditor. or TREASURED
hut for all the other positions there are
from three 90 ten applicants each.
Several states are supposed 10 be pre-
pared. but they may " shattered before
The convention adjourns.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
PROTECTION FOR COAST POINTS.
Applications Therefor Pouring in nt
Neutrality-suspicious. an Adviser.

WASHINGTON. April l9.-Applications
are pouring into the War and Navy de
partments for the immediate protection
of supposedly exposed points on the At
Entic and Gulf seaboard. The TWO Flor
ida senators called to-day upon Secretary
AIeer TO urge that protection be afforded
to some of their coast towns, such as
Miami and that troops be stationed
there The officials say il IS manifestly
impossible TO comply with these requests.
and have no hesitation in declaring that
the apprehension among the people OF
these towns is largely grouudless.
Rear-Admiral Sicard reported at the
Navy Department this morning, and was
Immediately assigned a place at desk
i'm the office Of the Secretary OF the Navy,
10 act as official adviser 10 the Secretary.
Nearly all naval officers on detached or
shore duty have put in applications TO be
restored Immediately 10 sea service.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

were called out and were told that IL
would be the same as a corporafs-sls
month.
TENDER THEIR SERVICES.
General Cullen A. Battle. Of Petersburg.
a distinguished general Of the Confede-
rate army, has rendered his services 10
Governor Tyler. In case Of war with
Spain. He made the tender through Sena-
tor W. T. McIlwaine. who visited Gov
ernor Tyler yesterday In behalf Of the
old soldier General Battle said he would
have visited the Governor but was not
personally acquainted with him. Senator
McIlwaine says General Battle is still
man OF splendid health. fine physique
and as active as the average man many
years his junior
Congressman James Hay. of the
seventh District. has also written to the
Governor. rendering his services. Mr.
HAY voted for the resolution recognizing
cuba. and in explanation Of his
course SAYS he would not vote
to bring upon his people risks
and hardships which he would not be
willing 10 share with them. Besides, he
has had some bilitary experience. which
he thinks he might be Of advantage.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
CUBAN JINTA PLEASED.
Most Complete Army Co-Operat1os
Promised Uncle sam.

NEW YORK. April 19-At the office
Of the Cuban Junta general satisfaction
was expressed to-day over the action of
Congress in passing the Cuban resolu-
ton. \ statement was given out. whicn
contained the following:
should force be necessary on the part
OF the United States. there VIII be the
most complete cooperation by the Cuban
Government and its army. Coast pilots
and practised guides will be- placed I'M
medately at the service OF the tnited
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
1.-THE Baby Is Cutting Teeth

be sure and use tnat Ola and we!i-tried
remedy. Mrs. Winslow's Soothing syrup.
for children teething. IL sootnes the
child, softens the gums. allays ALI pain.
cures wind collie. and is the best remedy
for diarrhoea. Twenty-Five cents bottle.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
Topeka Ordered to sail at Once.

FALMOUTH. ENG. April p-The
United states cruiser Topeka. formerly
the Diogenes. has received urgent ORDERS
10 sail Immediately for the United states
without waiting for the United states
toruedo-boat Somers which is being re-
uaired here She left tonight. after
shipping fresh supplies Of provisions and
coal
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
prepnring for work at lInniln.

UONGkONG April IS The warships
Of the United States squadron are paint
ing their hulls, upper works smoke
stacks. etc, a dark-gray, landing their
spare gear. and otherwise generally pre-
pairing FOR active service.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
The vixcaya and the Ouuendo.

ST. VINCENT, CAPE VERDE IS
LANDS. april l9.-Thc hrst-ciass Span
ish cruisers Vizcaya and AlmlranJe
Oquende. last reported at Porto Rico.
arrived here at noon to-day, To REIN
force the Spanish fleet in these waters.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
American Surgical assoriation.

NEW ORLEANS, April l9.-The Ameri-
can Surgical Association met mere today
president Preritt taking the chair. Or.
Joseph Holt delivered an address of well
come and several scientific papers We're
read. The convention Will continue for
two dayA
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
Funeral of CarIinnI Tnschereau.

QUEBEC, April lg.-rhe funeral OF car
dinai Tascnereau took place here to-day
The Basilica WAS crowded. Cardinal Glib
bOns presided at the first aDsoiution.
Mass was celebrated by Mgr. Begin, and
Cardinal Gibbons sang the Libera.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
Endorsed the President and Lee.

BALTIMORE. MD, Aprl l9.-(speciaij
James X. Herbert Camp, Confederate
Veterans. adopted resolutions tonight
endorsing the stand OF the President and
Fitzhugh Lee. They also gave express
sions OF their desire 10 stcnd by the nag
II needed
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
Attaches Ordered Home.

BERLIN. April l9-The United States
military attache at Vienna, Lieutenant
j. H. Chamberlain. and the United States
military attache at st Petersburg. Lieu
tenant George l.. Anderson, have been
called homo.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

Every Trunk, Satchel, and Dress-Suit
Case reduced TO the very lowest price. on
wrong side Of Broad and Eighth streets
T.. III. SPENCE
Shoe and Trunk-l House.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
ILTIMATIM AGREED IPON.
'li"e to q" Given spain Proba iy
Forty Eight Hours.

"'suINGTON April l9-"rhe ulti-
Hu' sold one member Of the Cabinet
'..' tlc meeting to-day has been
ei upon in substance. but has not
3' Deem formally drawn up. Its prepa-
.I't has been entrusted 10 Assistant
''aiy Day, Of the State Department.
q "... oe sent " spain tomorrow, ana
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

are the best made. We have them IN But
ton Boots. also, in Low Quarter Shoes.
T.. II. SPENCE.
Wrong side Broad and Eighth.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
New Departure.

Ewig's Young Mems Department Every
young man can p1tronize IT, and have his
clothes made in good style, at your own
price. Suits at Sl5. Trousers at s..
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

Ladies' Low Shoes with heels-l, l l-2.
and >. No trying on, no exchanging, and
for cash. r.. II. SPENCE.
Wrong side Broad and Eighth.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
SI5 Suits

made to order in good style IN our new
department.
EWIGs YOUNG MEMS DEPARTMENT.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

The ladies' who have consented TO ass
sist I'm the Blues Bazaar are requested
10 meet at the Masonic Temple this morn
ing at half-past 10 o'clock
BY THE COMMITTEE OF ARRANGE
AfENTS
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
Ewig's Young Mems

Department is showing nice line OF suit
ings as low as SJ.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
ULTIMATUM TO SPAIN
|. viii Be Sent at an Early Hour
This Morning.
TWEETT FOUR HOURS GIVEN.
Within This Time an Answer Must Be
Made to Our Demands.
.ourLANoE NOT EXPECTED.

Forward Iosemcnt on Cuba,
therefore, 90 Commence che Latter
pu-t of This Week, According TO
tdmiuistration's Plans.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
The Weather.

r. WASHINGTON. April l3-Fore-
Cilc cast for Wednesday.
For Virginia-Falr weather
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

! Wednesday; westerly winds.
For North Carolina, South Carolina,
ana Georgia-Fair weather. decreasing
clOudiness; westerly winds.
THE WEATHER IL RICHMOND
YESTERDAY was warm, with showers
in the afternoon. and clear skies again
at night.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

At "a meeting of Richmond Lodge. No.
Il. Independent order Sons OF benjamin.
held at their lodge-rOOms Druid Hall.
last night the following resolution was
unanimously adopted:
Resolved, That in tn event Of W.T. be-
tween the United States and Spain this
lodge will keep in good standing any
member of the lodge who may volunteer
his services and Is called 10 the front
until such time as he may return, and
that during his absence this lodge Will
care for his fAmIlN.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20
state Of thermometer:

Mean temperature .................@ !
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-04-20

were called out. and were told that IL
would be the same as corporafs-ss
month.
The record-union., 1898-06-18
GOVERNMENT BONDS.
The State to Invest 100000 in
These Securities.

AS indicated in the "Record-Union"
on Tuesday, the State Board of Exam
iners will to-day make application to
the United States Government for the
new 3 per cent. bonds to the amount
of 100000, to be paid for out of the
State school fund.
Under the Act of Congress authoriz-
ing the issuance of the bonds it is pro-
vided that in every instance where the
bonds required exceed $500, a cash de-
posit Of 2 Per cent. of the entire amount
must be made with the application, as
a guaranty Of good faith, the same to
be applied to the payment for the
bonds when the application is accepted.
Controller Colgan drew his warrant
for the advance deposit $4,000 some
days ago. but owing to the absence of
State Treasurer Green, who was in Co
lusa County the certified check for the
amount which must accompany the ap-
plication was not signed until last
evening.
The application for the bonds is be-
ing made through the First National
Bank of D. 0. Mills & Co. Of this city
and the Anglo California Bank Of San
Francisco.
The record-union., 1898-06-18
Now the Topic Of Discussion in
Army and Navy Circles.
Talked of as ReVerently as if She Were
Something Supernatural.
Believed to Have Begun q New
Era in Warfare-Showed Her
Usefulness in the Havoc Her
Guns Played With Fortifications
at Santiago Harbor.

NEW YORK, June 1.-THE United
States dynamite cruiser Vesuvlus EVIL
IDENTITY began a new era in warfare
when she made havoc Of the Santiago
harbor Notifications on Monday night
with three of her giant shells. Army
and navy men are talking about her
as reverently as if she were something
supernatural Citizens generally COM
pare her with Ericsson's monitor, and
say she is a hundred times more de-
StrucGve
De Borden Wilnot is the representa-
tive Of the Pneumatic Torpedo and
Construction Company Of New York,
which designed and built the cruiser
Vesuvius and sold her to the United
States Government after she had un-
dergone "a series Of severe tests.
The Vesswius.'' said Mr.. Wilmor,
has azbattery of three pneumatic guns,
mounted in the bow at a fixed angle
OF Is degrees. The guns are fifty five
feet long, fifteen inches bore and built
rigidlyi into the vessel. From all I have
read about Mondays trial with three
shots, am convinced that she has
not shown half of her ability.
What can she do? She can drop
500 pounds of nitro-gelatine nearly
two miles away with accuracy. She
can repeat this feat fifteen times in
ten minutes. That means three and
three quarters tons Of high explosive
thrown on the enemy's ships OF forts
The record-union., 1898-06-18

to fire just three shots, one from each
Of her guns. The result seems to have
been remarkably successful. I believe
she will create a revolution in naval
warfare, at least with regard to ves-
sells Of her size and kind
Chief Engineer Albert F. Dixon Of
the Naval Auxiliary Board. who is now
in this city examining yachts and tugs
for the coast defense fleet, served for
several months on the Vesuvius. Most
naval officers" he said, have a preju-
dice against the Vesuvius at first, but
after they have once served on her
they get to like her. 1 put in four
months on her. Our duty was destroy
ing derelicts. She has three guns or
tubes for throwing dynamite. They
are built into the ship, extending
through two decks. and coming out at
an angle Of thirty degrees. They are
ffty-four feet long, and fifteen feet of
that length protrudes above the deck.
The loading device is peculiar. A sec
ton of the gun, including about ten
feet of the breech, slips down on ball
and socket joint, and into this the pro-
jectile containing 200 pounds of gun
cotton is pushed. Then the section is
raised into position and the gun is
ready to be fired.
The range is obtained by range
finders, one on each end of the ship,
and the guns are aimed by pointing the
vessel in the line of fire. The guns
themselves cannot be moved. The ex-
trerne range is three or four miles, but
the effective range is not more than one
and One-half miles"
Engineer Dixon has no doubt that the
Vesuvius will give a good account of
herself, if she is called upon to open
UP the channel at Santiago.
The record-union., 1898-06-18

who, when he was first put on the wit
ness-stand, testified that it was not the
intention of either himself or of the de-
fendant, Frank Troi, that PLAINTIFFS
mortgage should be real estate mort
gage until a deficiency arose; that is
to say, until plaintiff had received and
applied on Troi's debt the crop which
was hypothecated to the plaintiff Dy
the mortgage. He also testified that
no deficiency arose until the fall of
1894, which would be after the execu-
tion and delivery Of the deed to Witten-
brock.
1t is true the plaintiff was recalled to
the witness-stand by his counsel, and
to some extent modified his testimony
last quoted, but an examination Of the
clause under which plaintiff claims to
have mortgage on the real estate will
disclose that at the time the mortgage
was written the intention of the parties
was that it should be a real estate
mortgage only after the existence Of a
deficiency All of the testimony in the
case satisfies the court that all of Wit
tenbrock's actions and conduct con-
cerning the entire transaction were In
the best Of faith, and not intended to
injure or defraud the plaintiff or any
one else.
For the purposes of the argument, let us
suppose that the plaintiff had recorded
his mortgage as a real estate mortgage
prior to the recordation Of Witten-
brooks deed, and through some acci-
dent or mistake Wittenbrock should
have accepted the deed and released
the mortgage of record, would The
plaintiff then have been in any better
position than he is at present? This
question is answered by a great num-
ber of decisions of the Supreme Court
of this State, and they uniformly hold
that where a mortgage under such cir
cumstances as existed in the case at
bar accepts a deed in satisfaction Of
the mortgaged debt, and through any
accident or mere slip" second mort
gage or a subsequent Judgment or deed
interyenes between the original mort
gage and the deed taken in settlement
of the mortgaged debt equity will not
permit the second incumbrancer to reap
an undue or unjust advantage. The
decisions sustaining these views are
SO numerous that it is deemed suffi-
cient to cite one case only where many
of the previous decisions of the Su-
preme Court are quoted with approval.
In the case Of Davis VS.. Randall, III
Cal, II, the Supreme Court Of this
State has said: 1.-THE merger of mort
gage liens with the fee, upon both be-
Ing united in the same person, is a
question of intent; and merger will not
be implied where there is an interven-
ing claim. but equity will keep the legal
title and the mortgages interest sep
arate, though held by the same person,
when necessary for the full protection
OF his just rights; and If, from all the
circumstances, a merger would be dis
advantageous to the party holding the
fee, his intention that merger shall
not result will be presumed and main
tanned and equity will keep the liens
alive for the purpose of doing Justice"
Since writing this decision the court
has received a copy of the California
Decisions Of June 14th, being No. S03
of volume 10, containing the decision
of that court in the case Of Hines
against Ward ct al, Sacramento, No.
The record-union., 1898-06-18
SOME NOVEL LEGAL POINTS.
Continued from Second Page.)


in the month Of May, 1898, approached
the plaintiff with q statement that
Wittenbrock' mortgage could he
bought for $1,000, although there was
then due thereon about 81 800 in inter-
est; that the plaintiff said that he was
willing to buy it for $1,000, provided
Wittenbrock would give him little
time to pay for the same; that he re-
ported this situation to Wittenbrock,
who refused to sell except for cash.
Both Beckendorf and T. H. Berkey, the
Assessor of Sacramento County, testi-
fed that in August. 1894, at the time
when the deed was made to Witten-
brock by the Trois, the land insQuestion
was not worth more than $1o per acre,
nor the aggregate sum of $4,SOO. The
plaintiff on cross-examination admitted
that Beckendorf had been to him AMI
told him that Wittenbrock would sell
his mortgage for $1,000, and later had
Informed him that Wittenbrock was
unwilling to allow time for the payment
of the purchase price therefor.
All this testimony must be considered
in connection with the facts and cir
cumstances surrounding the parties,
namely: Wittenbrock held the first
mortgage in the land, and was willing
to sell his mortgage for nearly $1,000
less than the face value thereof.
Is it reasonable to believe that Wit
tenbrock, being willing to sell his
mortgage for nearly $1,000 less than
was due thereon, would accept Troi's
deed for the land, and thereby agree to
assume the payment of plaintiffs mort
gage, amounting to more than 81, 600:
If We accept the contention of the
plaintiff we must also accept the propo-
sition that Wittenbrock knowingly took
the land, having a claim against It for
at least $1,000 more than it's value, and
agreed to pay the plaintiff $4,000 and
upward, in addition to the sum which
Wittenbrock already had against the
land. The practical effect Of such a
transaction on Wittenbrock's part
would amount to nothing more or less
than the giving away of his mortgage.
The court is satisfied from the evidence
that Wittenbrock had no actual knowl-
edge, and, under Section ], POI of the
Civil Code, no constructive knowledge,
of the existence Of plaintiffs mortgage
as real estate mortgage.
/ am satisfied that if WittenbroclS
ever had plaintiffs mortgage in his
possession he was unable to read the
real estate clause therein, for the rea-
sons hereinbefore stated The conclu-
sion that Wittenbrock had no actual
knowledge Of plaintiffs mortgage as a
real estate mortgage is consistent with
the testimony of the plaintiff himself,
The record-union., 1898-06-18
OR

Write. That is as good. "Hudyan,"
which is natures own production,
brings instantaneous help. It stops the
drains which are sapping your very
life's fountain of vitality in a week.
Then the system responds in a grand
way. Life is again pleasure. Spirits
rise and full strength and fire reappear
'Hudyan" does this for the weak at all
times, and in all places. It has never
been known to fail-indeed, it cannot
fail. Circulars and testimonials are
sent freely to all inquirers. These show
its wondrous power in manner that
cannot be doubted A. great army of
men have been restored to the full en-
joyment Of youthful energy by it. It
makes men full Of
The record-union., 1898-06-18
GLOOM

Is the lot Of the man who is weak and
puny mortal Watch for the drawn
face and the tired limbs. See those
trembling hands. Notice the uncer-
tain look in the eye. What brings men
to this pass? The thing principally to
blame is indiscretion. If you eat too
much rich food you will sooner or later
have dyspepsia. If you drink too freely
other troubles quite as serious will face
you. If you go to excess Of any nature
you must pay the penalty. You stunt
nature and you become a weakling-a
half man. Nature resents abuse Of I'll
faculties. There is. however, relief for
you If you are down and "all gone"
to-day. You have only to ask for re-
lief, and you get it.
The record-union., 1898-06-18
POWER.

There is blood taint in evidence when
you have thinning eyebrows, copper col
Then ask for "3O-day blood cure" circu-
lars. They are free Drives all the poi
son out at once and leaves the system
perfectly sound and well.