davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1902-06-19
LAsTER V. BLACKWELL.

Statutory Action of Ejectment.-Appea al
 from the City Court of Gadsden.
 1. Trial and its incidents; how judg- nent by court without jury reviewed on appeal.-Where a case is tried by the cour. without the intervention of a. jury, ard the evidencs Is in conflict, the judg- ment rendered oy the court will not he reversed, unless it is plainly erroneous.
 2. Same; same: action of ejectment.- In an action of ejectment the cause was tried by the court without the interven- ton of jury. The only witnesses testi- flying in the case were introduced by the plaintiff. The material contention was as to the contents of a lost deed; the plain tiffs' contention being that this detd con veyed a life estate to their mother, with remainder in fee to them, while the de- fendant's contention was that said decd conveyed an absolute fee simple title in the mother. The testimony of four of the witnesses introduced by the plaintiff tended to show that the life estate to the mother with remainder to her children was conveyed by said deed but the state ments of these witnesses were more of their construction of the deed than state ments as to their recollection of it's con- tents or the contents in substance. and two of the witnesses had never read the deed, but had heard it read about forty years before the trial The other three of the witnesses introduced by the plain tiff had each read the deed, and each stated positively that it contained no con- veyance of life estate to the mother with remainder to her children, but was an absolute warranty deed to the moth CT, saying nothing about a life estate. Held: That with such conflict in the testimony of the witnessts introduced by the plaintiff the judgment of the court in favor of the defendant could not be said to be plainly erroneous and. there fore. such judgment will not be reversed.
 B. Same: same.-To reverse judgment on appeal. there must be manifest error appearing in the record; and in an action of ejectment. where the plaintiffs claim title as remaindermen under a lost deed. but thtre is no evidence in the record that the life tenant was dead at the commencement of the suit. judgment in favor of the defendant can not be said to be erroneous, and will not be reversed.
 Affirmed.
 Opinion by DowdeIl, J.
The Montgomery advertiser., 1902-06-19

AGREE ct al. V. DABNEY. Statutory Action of Ejectment-h ppeal fer the City Court of Montgomery. 1. Estates; when vested remainder ci eated by will.-Where a testator unde,
The Montgomery advertiser., 1902-06-19
Quality Finds First Favor Hsrs.
Too Hot To Think

about anything, unless it is cool Underwear. I have light weight Un- dershirts and drawers that will reduce your temperature several de- grees. Everything that is desirable in Lisle, Balbriggan, Nainsook or Silk. The price begins at 25c per garment and runs to S3. co per suit.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
MUST ANSWER
TO CONTEMPT 7
Court Orders James E. Rohn to Show
Why He Disobeyed Order
AIimony Lapsed.
ROHN CLAIMS He IS AN INVALID.

James e. Rohn. of Justus, will ap-
pear in court Monday morning to an
swer to the charge of contempt OF
court, he having failed, 1t is claimed,
TO comply with the order of Judge
Harter to pay his wife $40 month
alimony.
The complaint was filed by Attor-
ney N. A. Earnst, who had been coun-
sci for the wife in the divorce pro-
ceedings. and the court appointed him
to represent the state in the prosecu-
tion, as the case had gone beyond
civil action.
The penalty for contempt may be
very severe, the punishment lying al.
| together with the court. When Judge
Harter granted the divorce, he order
ed the husband to pay the wife Sl(
each month for her support and re
stored her to her maiden name oI
Josephine Larke. The wife is work
| ing at Massillon, while the husband
still lives at Justus. .Fa.
! Rohn gives as reason that he |.
sick man. suffering from hear
trouble and nervous debility.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
FIRST STEP TAKEN
Capitaf Stock of Canton Hard
ware Com nany Increased
TO 100000.
fStaff Correspondence.)

Columbus, O., Nov. %. - The Can
ton Hardware company has increased
its capital stock from $4,000 to $780,
OcO. Johnson SherriclI is the presi-
dent.
This is the first step towards the
changes which will be made in the bus
iness of this Arm. Mr.. Sherrick will
retire from active work with the firm,
but will continue to hold stock. J. p.
brothers, will, on January /, assume
the active management of the business
Mr.. Brothers and number of the EN-
ployes Of the company will take up
the additional stock which has been is
sued.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
BOsTEN v ELL KNOWN
His Mother and Sisters Live
In SaIem.-Son In New
York.
f6tan specially

Salem, Nov. 22.-J. II. Bosten. who
killed himself in Canton Friday night,
was quite well known in this city and
bore q good reputation. When about
sixteen years of age he located in this
place, coming from Waynesburg, Pa.
He was employed in the w. II. Mullen
company as cornice maker but about
year ago left" their employ. His
first wife died about three years ago
and he married his second wife about
a year and half ago.
His mother, Mrs Bosten, who IL 76
years old. lives in Salem and two sis
ters OF the deceased, Mrs. ]. Hanson
and Mrs. J. T.. Jensen. reside here
His son. Harley Bosten, Is located In
New York. where he looks after the
interests Of the w. H, Mullen com
pany.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
Executors Sale Of Real Estate.

In pursuance of an order of the Pro-
bate court of Stark county, Ohio, l will
ofer at public sale on the 18th day of
December, 1902, at l o'clock p. m, upon
the premises the following described real
estate, situate In township OF Paris and
village of Robertsville IN the county Of
Stark and state OF Ohio, to-wit:
Lot No 10 appraised AT $4,000
Lot No. 16 appraised at $4,000,
Terms of sale: One third cash and the
balance In one year. secured by mortgage.
j. II. REIGNER.
Executor of the estate of Charles A.
Steineck, deceased.
Published in the Stark County Demo-
crat HIS, 1l-25, 1873.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
LIFE OF CzaR0vITCH
DRAWING TO 4 CLOSE
Eminent Physicians Cons der
n" Case Hopelcss-- Ned
icinc Of No Avail.

Copenhagen, Nov. 22. - The condi-
tion OF the czarovitch of Russia, who
has been dangerously i'll for some
weeks past, is now regarded as hope
less. Or Hulan of New York. who
has been in consultation with the court
physicians, agrees with them that med
icine is useless as a final resort.
The royal patient will be sent tc
Crimea in the hope that the bracine
air there will prove beneficial.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
THE FRANCE MEDICAL INSTITUTE
NO MONEY REQUIRED oF REsPoNsIeLE PART

WHAT WE TREAT We eases yy Of s sso%aeh s% s sn s5n sow d
Deomties and Surgical Diseases Chronic syphilc Rheumatic
Eczema rmPies Fkes etc Female Diseases especially those
permanently cured by scientific ethod Brain Spinal and Ee
Headache eepeness Dizziness Brain and Nervous Exhaustion and
bladder Diseases Bghts Disease Diabetes Inflammation of the Bladder
and Nasal Diseases such Canh Bronchitis Asthma Consumption
Deafness, cured original OF home
IL costs employ expert than 70 risk life with
inexperienced physician.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
LEGAL NOTICE.
State of Ohio, Stark County, SIS
Court of Common Pleas.

State of Ohio, Stark County, So.
Court of Common Pleas.
Shilling and Son, plaintiffs.
VS..
Alfred d. Nell, defendant.
Alfred D. Nell, whose residence is un-
known, will take motto" that on the 18th
day of October 1902. Isaiah B. Shilling
and Tibertus N. Shilling, partners doing
business under the name of Shilling and
Son, filed their petition in the Common
Pleas Court, Stark county, Ohio in case
No. 1914, against the said Alfred b. Nell.
praying for judgment against the said
Alfred r. MeA> in the sum of S124.5O with
interest thereon at the rate of per cent.
from October 9th, 1902
Said defendant is required to answer
on or before December oath, 1907, or judg
ment may be taken against him.
-- JAMES A. RICE,
Attorney for plaintiffs.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
HE COULD HARDLY GET UP.

p. II. Duiry, Of Ashley, H., writes,
This is to certify that | have taken
two bottles of Foley's Kidney Cure
and it has helped me more than any
other medicine. tried many adver-
tised remedies, but none of them gave
me any relief. My druggist recon-
mended Foley's Kidney Cure and II
has cured me. Before commencing Its
use I was in such a shape that could
hardly get up when once down" Sold
by Roth G. Hug.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
A PoLICEMAN's TESTIMONY.

. ]. N. Patterson, night policeman oi
Nashua, Ia, writes, Last winter
had q bad cold on my lungs and tried
at least half dozen advertised cough
medicines and had treatment from
two physicians without getting any
benefit. A friend recommended Fo-
ley's Honey and Tar and two thirds
of a bottle cured me. ! consider II
the greatest cough and lung mdicine
In the world" Sold by Roth & Hug.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
PARTIES TO COMMENCE TREATMENT

PRIVATE AND SEXUAL DISEASESA perfect
durable eases lost Manhood Seminal Meaknes Effects
Vitality Confusion OF Ideas Aversion to Society Loss Of Memory and
treatment GonorrhGa Syphilis elect Structure Hydmcee and vaco
drance from business Cabe when have failed
Of Local Treatment with Mecad
full for varocee and Structure and
covered greatest known for all diseases peculiar
pos cured by method The
Entirely easily applied
and correspondence free and strictly confidential
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
Teachers and Pupils Examination.

The Board OF Examiners OF Stark county
will meet at Canton for the examination 81
applicants for Teachers certificates on the
FIRST Saturday OF each OF the following
months:
September, October and November, 1902;
January ,FebryTusa5yy, March, April, May
Examination OF pupils under section 4Q29-
1884, X. g.. will be held at Canton on the
sE66Hp Saturday Saturday Of May. lsos. va '
All examinations viii begin promptly at
s:l6 a. m.
Manuscripts must be written with pen
md ink.
Examinations win be held in the central
High School building.
EGE: IA: sMEhFI1nns MoFnnnsn' rTcsis,i cisrf, Canton 2
]. w. GUTHRIE. Alliance. y.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
FIREMAN BURNED
Explosion Causes 9 Big Fire.

Cincinnati, Nov 22. = The explosion
in the bin at Herman Goepher and
company's malt house early this morn
ing caused fire, which for a time EN-
dangered the brewery district.
After stubborn fight the fire was
subdued with loss Of $4,000. One
fireman was burned and three over
come by smoke -.,--...,
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-11-25
THEFT OF CHILD.

News Democrat Leased Wire Service)
Los Angeles, CAL, Nov. 21.-Miss
Katherine Howell, of Memphis, Tenn.
q niece OF Clark Howell. of the At
lanta Constitution, has caused the ar
rest here of Hugh Bryson, OF Memphis
ON the charge of kidnapping their child
She accused Bryson Of having wronged
her Ave years ago.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
The Lump, Under the Table.

A late diner at one of the Chestnut
street restaurants, says the Philadel.
phia Record, was puzzled by the &C.
tons Of the head waiter, who, with q
large kitchen knife, went from table
to table. avoiding only those that were
in use, and scraped OF the under edge
Of every table.
Now, what are you doing that fory'
asked the customer. Are you probing
for stowaways7"
NO" answered the man with the
big knife; but II you will feel under
the edge Of your table expect that
you will find lump about the size Of
q marble"
The customer tried the experiment,
and found, instead of one lump, three
of them. and so told the waiter.
do you know what they are?" ask
ed the waiter.
mo"
well. you might not believe 1t, but
at least every other day 1t is necessary
to scrape those Jumps of at every
table. Sometimes we nnd as many as
twenty of them under the edges Of one
table. They are chewing gum, left
there by girls. At least one girl out Of
three takes piece Of chewing gum
from her mouth and sticks 1t under the
table when she sits down to luncheon
or dinner"
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
The river Wa. Frozen.

A new theatrical story is always well
come. Here is one whose novelty is
vouched for by one Of our readers:
When Miss Delavelle harrington was
playing Miami in "The Green Bushes"
at the old Mary Street theater, Cork,
a ludicrous incident occurred. Miami
has to jump into the Mississippi, but
when Miss harrington reached the
rocky eminence from which she had to
leap she saw there was no mattress
below to receive her; also the ledge Of
rock in front of the supposed river was
too low to conceal the actress after her
leap. Miss Darlington. however. moth
ing daunted, took her leap and came
down with thud on the bare stage.
The situation struck member of the
gods" for a stentorian voice called
out, ooh. be jabers. it's frozen"-Lon-
don Chronicle.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
Detective and Criminal.

Contrary to what you might ex-
pect," said a veteran Of the detective
force. 1.-The professional criminal has
not that animosity toward the police,
and particularly toward the detective
service, which their mutual antagonism
Of interests might be supposed to
create. The professional thief regards
his occupation as legitimate bust
ness and ours as another. He takes a
tolerant and philosophical view Of the
matter If the opposing interests clash.
MANY criminal run down and cap
tured by relentless pursuit has tighten
ed the monotony Of long railroad
journey for detective who has caught
him hundreds Of miles away from the
scene Of his crime and is taking him
home. If be has been caught before
by the same man, even though It was
years ago, he is likely to treat his
captor as an old acquaintance. II not
friend. 1t Is to the detectives that the
professionals 60 when they want a
little favor done, railroad fare or lit
tie money to help them through pc
riod of poverty. "-Philadelphia Times.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
A CANAL COMPROMISE.

| It is announced from Washington
senate as compromise isthmian canal
measure, which is understood is to be
submitted with the approval of Presi-
dent Roosevelt and the administration
generally.
The bill was prepared by Senator
Spooner of Spooner. who is said to be
recognized as the mouthpiece of the adj
ministraton on all matters involving
delicate legal and constitutional ques-
tions.
This new compromise on the canal
question:. which it now is believed will
be acceptable to both houses, provides
that the president shall purchase the
rights of the Panama Canal Company.
including the stock in the Panama rail-
road. for the gross sum of S40,o00,000.
There are two important provisos. how
ever, which require the president to
satisfy himself. first. that the Panama
company can give q sufficient title. free
from ordinary legal and diplomatic
drawbacks. second. that Colombia will
grant reasonable concession to the
United States; and, third, on the final
condition that the president shall be
reasonably satisfied of the probability
of the canal of the Panama route being
completed at total cost of $135, 200, 600.
In case any one of these conditions
can not be satisfied the president is d.
rected to choose the Nicaragua route,
and the sum of s1o,00O.00O is appropri
ated at once to begin work by either
route.
The purpose of this BILL which is
said to have the sanction of President
Roosevelt, is to secure the building of a
canal by one of the two routes and pre-
vent the present Panama canal offer
being used merely to kill off the Mica
ragua proposition.
dent does not seek such responsibility
he will not shrink from 1t If congress
shall deem 1t best to place that duty
upon him.
1t seems certain, also, that If a
choice is left with the president the
Panama route will be the one selected.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30

goods. While the state authorities can
proceed only against the storekeeper,
the latter can. under the law as it
stands. hold the manufacturer or
wholesaler from whom he has bought
him. Therefore, he prefers to buy of Il
dealer within the state. This has had
the effect of increasing the business of
Minnesota manufacturers.
Outside manufacturers have been
quick to see the meaning of this. They
realize that they can not do business
with Minnesota dealers unless their
goods conform TO our law. Hence. they
have begun the practice of submitting
samples of their goods to the Minnesota
department. and to avoid selling any
thing here that does not come up to the
standard.
AS result of the cooperation of the
local merchants with the food commits
sioners, the volume of food adulteration
is said to have fallen off fully so per
cent within the past year and a half
and now what adulteration there is is
confined largely to vinegar and spices.
The staple articles of food sold in the
state are substantially pure and true
to name and accredited quality.
1t may be that the Minnesota law
goes further, and is more complete,
than the Iowa statutes, in holding the
seller or manufacturer of impure foods
to responsibility, and if 80 this point
should be fully covered in our own state
in the interest of the public health.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
unnece.aary Interruption.

If the children of the absentminded
professor of literature In New Eng
land college were not blessed with q
caretaking and practical mother, it is
doubtful whether they would ever
reach maturity.
One day the mother stepped into the
library, where the professor was sup
posed to be entertaining his youngest
boy and particular pet. There was a
suspicious silence, and then she saw
that her husband was deep in book,
while the baby, perched on his fathers
knee, was endeavorlng to swallow a
lnrge black headed pin which he had
pulled from a tempting coat lapel.
Dear me, Henry!' gasped the moth
er, as she few into the room, rescued
the pin and seized her child. Didn't
you see that baby was trying to swal-
low pin lie had pulled out Of your
lapel7"
The professor looked at her with a
dazed smile.
mo. my dear, l had not noticed" he
said mildly. "And in any case have
another pin there. Yes, there it is.
You see. could easily spare one to the
boy. 1t almost seems q pity to have
disturbed him when he was playing so
quietly. does it not, my dear? And all
for a pinv' said the man Of learning,
with an air of gentle reproach, as he
returned to his book and the mother
withdrew the baby to place of safety.
Youths Companion.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
TO GUARD AGAINST IMPURE FOOD.

The law against the adulteration of
foods or liquors in Iowa provides very
severe penalty. Offenders may be i'm
prisoned in the county jail for a year
or may be fined to the extent of $500.
The people will do well to keep this law
in mind, and dealers in food-stuffs can
not be too careful In guarding their
trade from imposition from outside
dealers. a practical way to meet this
difficulty is disclosed by lesson from
Minnesota, where pure food law is on
posed of in Minneapolis under this law
demonstrates it's efficacy to protect
consumers from imposition. The de-
partment inspectors there found some
adulterated vinegar on the premises of
a certain concern. When they made
preparations to prosecute they found
that the firm had taken the matter up
in an action against the company from
which the vinegar was purchased by
hem. The agent of the company Went
into court, pleaded guilty, and paid a
line of $25. The inspectors were natur-
ally very well satisfied with this OUT
some. and dropped their proceedings
1gainst the local concern.
The Minneapolis Tribune, In com
nenting on 1t says:
The case points out to all Minnesota
lealers the way to protect themselves
rom sellers of impure or adulterated
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
PRESIDENTIAL SUCCESSION AMENDMENT.

1t was thought when the law was
presidential succession in case of the
death or disability of the president
and vice president, and naming cabinet
officers respectively for the emergency,
that the eXigencies of the case We're
pretty well covered. 1t was then ac-
copied as "A reasonably satisfactory
measure. However some of the eX-
perienced senators have deemed it pru-
dent to propose a constitutional amend
ment clothing congress with more
power than it now possesses to name a
successor. Accordingly Senator Hoar-
of Massachusetts, has prepared such an
amendment. and the senate committee
on judiciary has authorized a favorable
report upon it. The proposed change
is embodied in the following:
In all cases not provided for by Arti-
Gle H., Clause ". of the constitution,
where there is no person entitled to
discharge the duties of the office of the
president, the same shall devolve upon
the vice president. The congress may
by law provide for the case where there
is no person entitled to hold the office
of president or vice president, declar-
ing what officer shall then act as presi
ingly until the disability shall be re-
moved or president shall be elected"
This amendment. If adopted. would
cover any possibly emergency that
might arise, and it ought TO be reason
ably satisfactory TO the people. for they
would look to congress to guard them
against possible vacancy. 1t is not
probable that the present law, an act
of congress, would be altered, but 1t
would give congress more plausible
ground to change it If in the opinion of
that body the public welfare demanded
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-30
FOR INCREASE OF SALARIES.

1t is generally the case, when a prop
osition to increase the salaries of pub
lie officers is suggested, that a public
outcry is raised against it without a
consideration of the merits of the case.
This should influence public opinion
merits and dement's of the proposition.
Jus: now bill is before the legislature
to increase the salaries of district judg-
es from $500 to $4,000. and of supreme
judges from $4,000 to $4,000. The plea
is made, and is fairly we'll sustained,
that to secure the best legal talent and
to meet all the exigencies of the case,
these judicial officers are entitled to
such increase The T.-R. believes these
public servants should be well paid, and
it hopes the legislature will fairly con-
slider the question and grant an in
ever it may deem wise between the
present and proposed salaries.
The state is abundantly able to make
this change without affecting it's finan-
ces adversely. 1t is out of debt and in
creasing its wealth and power. Our ju-
dietary has q high standing, 1t has
proved to be an impregnable rock of
justice on which all interests have Sc
cured firm footing, and it should be
maintained in true independence and
worth.