davidaulloa/AmericanStories huggingface dataset:
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-02

An Ola asd w&iTrssd Remedy. MA
wtnssows Soothing syrup has been used
for over Fifty Yeass ~ Millions Of Motn-
ers for tEssr children while Tsstn.a9. With
perfect SacreHs IL scot res the child sof..
srs the Gums. aI.ays a. pain cures Wind
Colo. Ana . the bsss remedy for Dsasrno~A
f0lG ~ druggis&a IA every part Of the
sow's Soothing Syrup. and take - eehae
! Tx1nexunys csnap = Deern.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-02

w w Scott ass ARRESTED kass nigh, By
CHc~rs Hateer and fversoa 20. fast dx.y-
No. H uas xesease1 "a 20 cash ~ :
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-02

Los An9oleo, ca
Dear Doctors: am feeling ine since
osing Hudyan. and consider that am
about cured. do not suffer from pains
in my head any more. and the pain and
weakness in my back Is gone. think
that Hudyan is a splendid remedy, and
have good reason for thinking 90 feel
like new man In every respect and can
recommend Hudyan a. doing all you
claim for t. Yours respectfully,
CARL X. TUFTS.
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-02

Our plant includes steel and wood constructic
business. Mining and all other classes OF mach
Agents for "Worfhington' pumping N achinei
water tube boiler and the United States ~ etalitc
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
TIE NEWS OF NORFOLK ON PAGES q 8 81 & Is

commissions wa are not Informed. as he
mad recently before his death closed out
the other trust matters; nor is this very
material now. He was .practiclng at
torney. and understood technicalities Of
the law. and we must assume that when
he made the parol agreement he did SO
IN good faith. We are led to the con-
ciusion that the evidence was admissi-
Die. and that NE charge of the court
WAS not erroneous. The result seems to
De tuil Justice, without the infringe
ment OF any sound principle of law.
q. Is the action barred by the three
years statute of limitations? If 1t rests
solely on the parol agreement, it is
barred. IL the action is based on the
contract III the deed, 1t is not barred,
II VIII be observed that by the terms
Oh the parol agreement the trustee made
no promise to pny the plaintiff any
thlng, but only agreed to retain less
commissions than those nominated in
the deed, on certain conditions. The
entire property passed to the trustee
Win an express trust impressed on 1t,
and nothing appears to show that 1t
was deyested of the trust during the
trustees life. The trustee stated and
rendered no account of his admins
tration. and no settlement appears to
nave been made between trustor and
trustee. The plaintiff, setting out the
No. uccu' dieSeS tlat the trustee is
due him the amount sued fora evidently
meaning the difference between the rate
OF commissions. Now. il anything due
the plaintiff remained In the trustees
hands at his DEATH 1t resulted to the
plaintiff, whether SO expressed in the
deed or not. The plaintiff demands said
sum in his complaint. and it was for
the jury to ascertain the amount we
are of opinion that the action is not
barred. and that no error was COM
mitted on the trial. Affirmed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
ANNUAL DOLL SALE
WAS SUCCESSFUL AND WILL BE
CONTINUED TOMORROW.

WAS SUCCESSFUL AND WILL BE
CONTINUED TOMORROW.
The annual doll sale, which is being
held by the Young Daughters of the
Confederocy. has. as usual, been a
financial success.
The sale was in progress two days Of
the past week at So CRANKY street and
the proceeds will be devoted to the sup
port of Confederate widows and or
phans in our city. The Young DauEh-
ters OF the Confederacy are Jealous
workers and whatever they undertake
always proves Il success.
The doll sale this year far surpasses
any that they have ever held. Such a
display OF elegantly dressed dolls has
never been seen in Norfolk. Here one
finds dolls OF all descriptions. from the
negro nanny to the elegantly dressed
bride. Miss Dixie. n most stately and
becomingly attlrcd doll, will be ratified
ut 81 CRANKY street, where all the re-
naming dolls will be auctioned off. The
sale will be continued from 10 to 10
Monday. and with the auction sale it
will end
The following dolls were rallied off
yesterday:
No. 19-NIiss WaIl1-About, won by
Miss Annie German n
No. 94-N1iss Imogene. won by Mr.. NJ.
Alexander.
No, 21-Dollic Dimple. won by Miss
Umstadter.
No. el-Dorothy Manners. won by
Miss Rose Cook.
No GA small doll. won by Mrs.
Stahl.
1t is earnestly hoped that large
crowd will be in attendance between
the hours Of 10 and II Monday, for the
Young Daughters of the Confedcracy
are making strenuous efforts to aid this
noble cause.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
THE WORK COMPLETED
STREET RAILWAY AND ELECTRIC
COMPANIES CONSOLIDATED.

STREET RAILWAY AND ELECTRIC
COMPANIES CONSOLIDATED.
The Norfolk Railway and Light Com
pany. of which Mr.. r. Lancaster Will
liams. of Richmond. is president. held
meeting yesterday to complete the
consolidation of several properties man
aged by MIR. Williams for a syndicate,
of which he is a part.
At yesterdays meeting the Berkeley
Electric Light and Power Company was
included with the Norfolk street rail-
way. the Ocean View railway, the Will
loughby Spit railway and the Virginia
Electric Company, under the charter
recently granted the Norfolk Railway
and Light Company.
Other matters necessary to perfect
the consolidation OF these valuable in
terests were attended to. With the de-
creased expense which will follow the
completion of the work begun sometime
ago the promoters of this great enter
price are in position to give prompt
and efficient electric railway and light
service with less risk iand cost to their
patrons, it is said.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
sr.Jos pH's FAIR.
PROGRAM FOR THIS. THE CLOS
ING WEEK.

ING WEEK.
The attendance at the st. Joseph's
Catholic Church fair. now in progress
at their school building, Queen street.
near Brewer street. has proven 80
highly gratifying to its promoters that
the management are encouraged to con-
tinue the same until Friday of the pres
ent week 1t Is to be hoped that the gen
erous patronage OF the many white
and colored friends of the work will
continue to manifest itself during the
closing days of the bazaar.
In the many pretty and Hastily
decorated booths, which have won
golden opinions from sght-seers, may
be found some new and novel attrnc-
tons, to the hitherto lavish display
or useful and ornamental articles, in
Guiding bicycle, musical instruments.
pictures, eric-a bee, sacred ornaments,
artistic embroidery and other hand
work wrought by the Franciscan
Sisters and others.
Visitors to the fair will be enter
tanned each evening of the week in
the amusement room. with the follow
Ing program, beginning at S O'Clock:
Alonday-Cake walk by school children.
Tea party.
Concert instrumental
MISUNDERSTANDING bee.
Conccrt-vocal.
Cake walk. school children.
observation-disclosures and musicale.
Masquerade cake walk.
Thursday-Concert piano and vocal
Quartette.
Friday-Cake walk, school children,
Literary and musicale.
Prize contests.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
ADAMS v. BATTLE.

Supreme Court Of North Carolina.
November 7, 1899.
WHERE A DEED TO A TRUSTEE TO
SECURE CREDITORS PROVIDED
THAT HE SHOULD HAVE a GER
TAIN PER CENT COMMISSIONS,
a SUBSEQUENT AGREEMENT Be
TWEEN THE GRANTOR AND
TRUSTEE THAT THE COMMITS
sIoNs SHOULD BE LESS. MAY
BE PROVED BY PAROL EVI-
DENCE
IN SUCH CASE THE GRANToR MAY
SUE TO RECOVER THE EXCESS
THAT THE TRUSTEE RETAINED,
EVEN AFTER TIIREE YEARS
FROM THE MAKING OF THE
PAROL AGREEMENT.
This was an action to recover from
the executors of a trustee an amount
cfHfH!Gdf 10 tTTIvg brcT ratTrtrcd by the
trustee as commissions. The plaintiff
made q decd to the trustee to secure his
creditors providing that the trustee
should have commissions at per cent.
Some days afterwards the parties made
an oral agreement that the commits
sions should be per cent The trustee
closed his trust but retained per cent.
There was a judgment for plaintiff
and the defendants appealed.
The court says:
1t seems that no verbal agreement
contemporaneous with the execution of
an instrument under seal will be heard
to contradict or vary its terms. The
ERECT OF subsequent agreement by the
same parties has been much discussed
by different courts. 1t was an old IRON
n Vii M Of 1,ao
obligor would only be released by an
instrument of as high dignity as that
by which he was bound-that is, being
obligated by seal, he could be released
only by an instrument under seal.
Technically this is the rule of modern
times. unless changed by statute, but
practically it is seldom enforced. TO
thls rule the exceptions We're and arc
so numerous that seldom can the rule
be applied. In an action on the bond
or other sealed instrument, the debtor
pleads and proves the actual receipt of
the money by the obligee,
IL proof of payment will discharge,
why should not an agreement to dis
charge have the same effect between
the same original parties? 1t seems
difficult to find a case where the parties
bound to each other by an instrument
under seal, will not be discharged by
parol proof of facts, If they are sufi-
Client IN themselves to Constitute n dis
charge. In such matters the defenses
arc performances in pals, and are proba-
bly, of more value TO business men than
the dignity Of being sheltered by n seal.
The chief reasons Ger the sacredncss OF
the seal have ceased, since statutes and
courts of equity have been literally re-
moving the hn:d places OF the common
law The dignity of the seal Is due
1hoIe 20 The original form OF the instru-
ment than to the real interest and in
tertion OF the parties. Whether the
trustee intended to retain per cent.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
Rev. G. 3. stlckIer, D. D.

Theological Seminary, who is regarded
rs the most profound thinker and ablest
theologian in the Southern Presbytc-
rian Church, will occupy the pulpit OF
the Second Presbyterian Church mt II
a. M. and 1880 p. III. to-day. DR. Stricll-
Ter has frequently preached in Norfolk,
and on all occasions has attracted large
and interested audiences to hear him.
His sermons arc prepared with great
care and delivered with force that
leaves lasting impression upon his
hearers.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
COURT DECISIONS:
Notes of Cases Recently Decided,
Which are Of Interest 70
Our People.
DlcESTED BY w. 3. MARTIN. s
Exclusively for virgin:an-Pilot)
HUGHES v. sTAUNToN.

Supreme Court of Appeals Of Virginia.
Nsvsmber l6, 1899.
A CITY MAY. LEVY TAXES ON ANY
PROPERTY THEREIN AND ON
SUCH SUBJECTS AS MAY AT THE
TIME BE ASSESSED WITH STATE
TAXES AGAINST PERSONS RE-
SIDING THEREIN.
TAXES FOR CITY PURPOSES UPON
FUNDS IN A GUARDIANS HANDS
MUST BE LEVIED IN THE CITY
WHERE THE PROPERTY IS AND
THE PARTIES RESIDE, NO MAT
TER WHERE THE GUARDIAN
QUALIFIED.
Mrs. Hughes qualified rs guardian Of
her children In the Hastings Court OF
the city Of staunton in 1898, and she
and her wards continued to reside in
that city for several years. to make
her eX parte accounts TO commission
er of said court and to pay to the city
taxes on the property of her wards held
by her. She afterwards removed with
her wards to the city Of Lynchburg and
most of the funds IN her hands were
invested in that city and none of them
In Staunton. In 1898 she was assessed
as guardian with these funds both in
the city of Staunton and in the city of
Lynchburg. She paid the State taxes,
but applied to the Hastings Court OF
Staunton for relief against her assess
ment for city taxes on the ground that,
such assessment was crroneons The
Court dismissed her application and
She appealed.
The Court says:
Section 1,0l3 of the Code provides
that cities shall have the right to make
their annual levy for the purposes
stated in the statute upon any prop
erty therein and on such other sub
jects as may at the time be assessed
with the State taxes against persons
residing therein.
Under this statute ii IS clear that the
city of Iynchburg had the ght to as
sess. a tax for city purposes for the
year 1898 upon the funds in the hands
of the plaintiff in error and the funds
having been properly assessed and tax
ed for city purposes in the city OF
Lyrchburg and the tax thereon paid
there was no right in the city Of Staun-
ton TO levy and collect like tax upon
the funds.
We are OF opinion, therefore, that the
order of the Hust' ngs c. urt OF the city
OF Staunton Is erroneous and should be
reversed and annulled. Reversed.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
Died I'D Ea StYiIlo

Mrs. Estellc NJ. Blanks, the estima-
Bile wife OF Mr.. Edward w. Blanks,
died Thursday evening 1T the home OF
her husband, at Eastville. Va. Mrs.
Blanks was lady of amiablc disposi-
ton and was greatly beloved by large
circle of friends. who will deeply mourn
her sad death Deceased before her
marriage WAS Miss Istelle Mason, and
formerly lived in Norfolk, and Is sister
10 Mr.. w. ]. Mason. OF this city. The
funeral took place yesterday at noon,
and WAS largely attended
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
Y. t1. c. A. cymnasIun, Notes

The gymnasium exhibition, or ladies
night" has been postponed until Mon
day. the 18th instant, at which time a
good program of gymnastics, specials
ties, etc, will be given. Only members
of the gymnasium class will have
tickets FOR their friends and limited
number will be issued.
Sixteen members Of the Junior Gym
nasium Bible Glass spent a very pleas
ant outing yesterday afternoon. Ply
steal Director Ward was in charge of
the boys, who met at his house in
Brambleton at . o'clock, after which
they boarded the sloop Pearl at the
foot OF Claiborne avenue and sailed up
the Eastern Branch The party return
ed about dusk. The boys We're over,
joyed at the trip, which they greatly
enjoyed.
Yesterday morning the gymnasium
floor was crowded to its utmost capa-
city with the junior class, there being
siXty-three boys present.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
ATorrlblo place

William Gilmore. colored. who says
he has been sent by the angels and
poses as prophet. was declared to be
sane by II commission OF lunacy com
posed of Justices Dalton, Seneca. Ash
burn. Gilmore. like "Prophst' Booker,
relates vision he had. in which an
angel appeared to him and allowed him
10 look at that terrible place." where
they don't shovel snow He says he
could feel the heat in his vision.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10

The improvements being made by the
Port Norfolk Investment Company are
very attractive. and add much to the
appearance of the property. 1t Is sur
prising that such finely improved lots
can be put on the market go near the
growing centre at such remarkable low
prices. lit
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
ApopuIar Authorosa Hero

Mrs. Frances Hodsson Burnett, the
noted authoress, who is as popular in
Europe as in America. where her nam
is a treasured household word, arrived
yesterday from Washington on a visit
10 her brothcr, Mt. TT. T.. I0dgson, NO.
n Grace street She was accompanied
by their sister, Mrs Edith Jordan, also
of Washington. These ladies will re-
main here some time.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10

a New Undertaking Estnbitshnscut
has been opened by Thomas Scott's
Sons & Co., at No. Sc Charlotte street.
Funeral orders will receive prompt at
tention day or night Mr.. George ].
McDermott. manager. Southern Bell
phone No. S9I. oclb-tt
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
piano l,ar-ni,,r.

We have some extra bargains in
"high grade" uprights. Addison's Piano
Parlors. cor. CRANKY and Charlotte
streets de9-ot
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10

The old folks are waiting for you
Christmas. so is the Seaboard Air Line.
One and one third fares round trim
Tickets good for two weeks, If pur-
chased December ed.
deS-su, we, fr-tf
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
THE POLICE COURT.

This is the season Of the year when
turkeys take the place of chickens and
other fowl. 1t is even the case with the
chicken thief, rs was demonstrated by
Kelly Backs, of Portsmouth. who was
sent to jail yesterday in default of n
ten-dollar fine imposed upon him for
stealing two turkeys from Feuerstein &
Co., on Commerce street. Backs was
employed by the firm, and they say
they have <been missing dressed fowls
for sometime, which they could not ac-
count for.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10

Tickets on sale for the Christmas hol-
idays by the Seaboard Air Line, De-
cember 22d, 23d. 9th, 25th; also Decem-
Der 30th and Slst. 1899. and JANUARY. list,
1900, good until January 4th, inclusive.
deSsu, we, fritz
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
. = y z =
A. handy remedy for
Col |. D

y handy remedy for Colds is every
oAsng. To have remedy at hand when
you take Cold is the surcst way of get
ang rid Of the Cold quickly. a few doses
OF II at the beginning will "break up
any Cold Within twenty-four hours: hence
nc value of n remedy that can be car
ried in the pocket.
gH consists Of a small vial of pleas
mt pellets. that fits the vest pocket.
III Will interest you to know how "77.'
cures. 1t restores the checked circulation
lknown by chill or shiver), starts the
GOOD coursing through the veins and so
breaks up the Cold.
irlnnu"t of MI Discusses -ent free.
tFor sale by all druggists. or sent on re-
cgipt OF price, 25c, or five for 81 co. Hum
phreys Homeopathic Medicine co. cor
ner William and John streets. n. Y
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
PROPERTY TRANSFERS.
LAW AND cHANcERY.

The following cases were disposed Of
In the Court of Law and Chancery:
Thomas j. Higgins VS.. IS. L. Simp-
son; dismissed.
j. NJ. Garrett VS.. b. E. Simpson; dis
missed.
]. S. Kent & Co. VS.. z. t. williams
& Co.; Judgment for SILL
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
SETTLED OUT OF COURT.

The case Of John RIxey Smith against
the Norfolk Street Railway Company
was dismissed i'll the Court of Law and
Chancery yesterday on motion of the
plaintiff, having been settled out OF
court. 1t was suit for $2o, 600 DANA ges
for Injuries sustained by the pl.lintif,
by being struck by falling wire at
the corner OF Main and Bank Streets.
NORFOLK COUNTY BANKRUPT.
A petition in bankruptcy was filed in
the Office of the clerk OF the United
States Court-yes eriay by Guy II. Hast
ings, n Norfolk county farmer and
dairyman. through Messrs. Wolcott &.
Wolcctt, attorneys. Lab llt'es. S4,9i3 %:
assets. 500. Creditors: l.. j. Pritchard.
Princess Ammo county; C. II. Lakin.
Washington. d. c.. and r. o. I5yslop,
Norfolk.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
Our Store
Is Convenient

-handily situated, and hold
everything required by man
for correct dress. As an
illustration Of the variety
here:
q ovERCoATs- every grade--evcry
style--Short or long-rough or
smooth fabric $40 to $50.
BUSINESS SUlTS-Cheviots and
ltonespuns in popular Oxford and
greensll mixtures -SIS.
UNDERWEAR-more kinds than
you can begin 10 think ~ ST to $40
psr garment, and money saved 10
You OH every grade.
f. & w. FULL DRESS SHIRTS
-Caddo, Saco. lauro, $500 each.
WHITE SHlRTS--W iliamsville
muslil-best linen bosom-forr
styles Sl.Oo.
7 NECKWEAR ~ every favorite
shape--every fashionable conceit in
pattern and coloring-5Oc. to s..
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-10
WIFE BEATER FINED.

A. c. AIcNeal, white man living in
Brambeton, was fined SIS and costs for
beating his wife and abusing officer
May, who went into McNears house,
attracted by the screams of his wife.
McNeal told the officer he would break
his neck If he did no. clear out" The
officer did Clear out but took the
husband with him. McNeal could not
Pay the fine. and he went to Jail.
Osborne Davis, colored. will be given
a preliminary hearing by Justice Tom
lin tomorrow upon the charge of
,housebreaking.
William Watkins. alias Campbell. COL
ored, was found guilty upon the charge
of trespasslhg. and paid sl.5O.
Maggie Jones, colored, Charged with
assaulting Cora Johnson. will be tried
tomorrow. 4 q
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-04-27
THE DYING SUN.
When It's Hent becomes Extinct, the
Earth VIII Freeze Solid.

Our sun is now a yellow star similar
to Capella, and hence it will eventually
become blush white like Sirius and
Vega, says Professor r. J. j. See in
The Atlantic, The secular shrinkage of
the sun radius will cause a steady rise
in its temperature, and when the body
has reached the stage Of Sirius, where
the temperature is perhaps doubled, the
light emitted will become intensely
blue. The temperature may be expected
to go on rising till small radius Is at
tanned, and finally, when the dense
mass, intensely hot, becomes incapable
Of further shrinkage, on account Of in
crease in the molecular forces resisting
condensation, a cooling will gradually
ensue, after which the body will liquefy
and then rapidly decline in splendor.
The sun will thenceforth be wrapped in
everlasting darkness, and the chill OF
death will overtake the planetary sys'
TEN. A condition of darkness thus fol
lows close upon period Of intense bril-.
lianCy, and hence the obscurity of such
bodies as the companions Of Sirius,
ProCyon and Algol The most obscure
satellites are thus associated with some
Of the brightest and most intensely lu.
minous stars in our sky, and here the
smaller Of the two masses, as in the case
Of the planets Of the solar system, have
developed most rapidly.
In view Of this approaching extinc,
tiOn Of the suns activity it becomes
a matter Of interest to inquire how long
its heat will sustain life upon the earth.
Though it is difficult to submit the sub.
ject to accurate computation, it is easy
to see that the exhaustion of the sun s
light and heat certainly will not occur
for several hundred thousand, and per,
haps not for several million years. Thus
the ultimate doom Of our system need
occasion no anxiety among those now
living, but the result is philosophically
interesting to those who look several
million years into the future.
AS experiment has shown that the
suns vertical rays falling continuously
upon terrestrial ice would melt layer
three centimeters in thickness per day,
it follows that a similar shell of ice
would form over the earth in case the
suns light and heat were cut off. Thus
in month the whole earth wonld be
frozen like the polar regions, and only
the deeper bodies Of water, containing
a great amount Of heat, would remain
in liquid state. The oceans themselves
would freeze over within a few years
at the latest, and the winds and even
the tides would cease to agitate the ter
restrial globe, which would henceforth
spin in its orbit as a rigid, lifeless mass.