davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-09-12

q T. Il.
in writing or by an executed oral
agreement, and not otherwise" WRIT
ten contract for the sale Of real estate
cam not be modified by am unexpected
oral agreement, although THE moddfi-
cation pertains only to the perform
ance Of the contract. =. 81 J.
Appeal from the judgment Of the
district court of Richlamd county, Hon.
John F. Cowan, judge, presiding by
request .,r. '.'
Charles e. Wolfe and Purcell, Brad
ley & Divet, for applicant.
Murphy & Proper and john E.
Greene, for respondents. /
Opinion by Morgan, judge.
Judgment reversed and the action
ordered dismissed, eb,tt without pre-
judice to the subsequent litigation of
amy issues which have not been liti.
gated and determined i'm This action.
Plaintiff will recover her costs and dis
bursements in the supreme court and
the defendant his costs and disburse-
ments i'm the district court.
6arnum vs.. Land Company.
James H. Barnum, respondent, VS..
The Gorham Land Company, cor
poration, appellant Syllabus as fol-
lows: ~
1. An action at law for the recovery
Of money only tried since the taking
effect Of Chapter 201. Laws Of 1903, is
not triAbte in the district court under
the provisions OF section $500, Revised
Codes of 1899, as amended, and hence
cannot be tried de novo ON appeal.
2. In cases not triable de novo on
appeal neither errors of law occurring
at the trial nor the suficiency of the
evidence to sustain the findings can
be considered by. the supreme court
without specifications lot error en-
bodied in a statement Of the case. /
Appeal from the district court of
Train county, Hon. Charles J. Fisk,
judge, presiding by request. g.:
Francis B. Hart for appellant.
P. G. Swanson, for respondent.
Opinion by Engerud, Judge.
Affirmed. I :, G>.,E.t-- ..,..
h,E~ Berry vs.. Evendon.
B. F. Berry, respondent, VS.. Adolph-
us Evenk1on, appellant Syllabus as
follows: B., ....
A TRUST of personal property is not
Within the statute of frauds and may
be created by spoken words and prov
ed by parol.
Where a trustee of personal proper
ty converts it into real estate. the
TRUST attaches to the real estate in
the hands of the trustee. :" ~.
The defendant foreclosed a real
estate mortgage which was held by
i him in trust TOR the plaintiff and thus
secuned title to the lasd in lhds own
name. In the trial of an action to
compel him to convey THE same to
/ the cestM que trsllt and to account
/ .
for the rents and prontas it was found
! that he had sold the land ito an inno-
cent purchaser. The trial court en-
tered Judgment for the value Of the
land and for the vallue of it's use, less
certain, sums due to the defendant.
Held, upon a review of the entire case,
that THE facts found By the trial. court
are fn0ly supported by the evidence
and THAT the Judgment was proper.
Appeal from the district court OF
Towner county, Hon. Charles J. Fisk,
judge, presiding by request. III
Brennan & Gray for appeMast.
Burke & Middaugh, for respondent.
Opinion by Young, C. ;. r.. r..
| Affirmed. +
-
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-09-12
hard Iffe.

ga Mrs Hatterson Il hope your boys
college life hasn't injured him phys
Sically.
Mrs. Catterson--In what way
Why. heard he had been dropped
several times z ate s5Ss:.1S.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-09-12
/. j. Boys ] j !.
]. ]! H' | d ! os q
al ] I'D | ! |: !! i
! For I ! Joys and Girls .

Jersey Ribbed Vests Pants 4 and
Drawers ia sizes l8 II 81. The syeryy
pest g yaiues. Price sire 10, 1Oc ].
!. size ala.rger 21z cents advance up to
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07
1850.

Eve take to-day one OF that grand
I7riun,viratc Of noble patriots, Pendlcton,
Harrison and Lee, who, though first so
loyal to tho King and tho Mother
[Ehurch, yet at the call OF freedom, were
the first to gather the colonists, anu
1ead them on to n declaration OF inde-
men dence. We hnvo already spoken Of
Harrson and Lee in other numbers RS
.Rnd will now take the foremost OF the
Elan to brave tho coming storm''--Pen-
IEleton.
Though muck has already been written
In history Of this most eminent family
IlEet. by request. We will gather briefly,
|afrom the Page genea1ogy and other
,rources, the family lineage. The Pen
hletons arc supposed to have descended
55from Henry Pendeton, of Norwich, Eng
Hand who had two sons. one Nathaniel,
3minister Of the established church, and
iphIlip Pendleton, born, 1850 in England
|tnnd Vi emigrated to the colony OF Vir-
lEinia, 1914, settling in New Kent coun-
sty. which is now a portion or Caroine
Die died 1721, aged seventy-otte years. ne
Invent to England on visit, ana on ms
return married. NllSS IlciSi W. ~. ~
asS2 They had three sons and four daugh-
ters, Henry Pendleton. the eldest SON.
WAS born in Caroline $685. and died there
b721 at only thirty-eight years He mar
ried. 1908, Mary Taylor, daughter OF
Iames Taylor, ESQ, Of Caroline county;
sho surviving him, married again. Ed.
watkins; she died ITO aged eighty-two.
b Henry Pendleton and Ills wife, Mary,
had five sons, and two daughters. me
Two eldest sons Edmund and john be-
came most prominent during the Rcvo-
hutton; their three brothers moved to
C,ulpcper and Louisa, and one went
South, Of whom we will speak presently.
They married into the families OF Bar
bour, Turner, and Nelson, many OF their
descendants still being found in those
counties. Edmund Pendleton, who became
tic astute judge and leader OF the Rev
plutionery party. wRs born at "Edmunds-
bury. Caroline county. 1721, and died at
Rlchmond 1903 aged eghty-two. He mar
ried first. 174l, Elizabeth Foy, who died,
leaving one son. who died an infant. HIS
second wife was Sarah Pollard. IN l1lS.
but left no issue
An autobiography OF Judge Pendleton
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07

4 i d H.,
i. Robert Nelson Pendleton, born 1873
married 1865, Fannie Gibson, mud moved
! to NVytlle county,. l.a7
3. Kenneth 1'endleton, born 1885, died
I ypung. ifsiS
One Of the SONS OF Henry Pendleton.
or Caroline, and his wife, Mary Taylor,
was Nathaniel Pendeton. who moved to
Culpepers county He had 4 sol, also
named Nathaniel, born iii 1855, who al the
ago Of nineteen entered the Revolution
mrs army With the rank OF major on.
the staff of, General Nathaniel Green. and
received the thanks Of Congress for his
Eallnntry at Eutaw. He afterwards set.
tied lin Georgia, and became United
states district Judge Elc died in New
York city In ISL Ile had u son named
70, his great chieftain, Nathaniel Green,
who was born in Savnnlinh Gu. 1898.
He moved TO Ohio in 1925, nnd was sent
to Congress from that state from 1871
to 1s43. George Hunt Pendeton, born
1926 In Cincinnati. was his son. who also
was sent to Congress from tho trhrtH-
fifth the Thrty-eighth Congresses,
and IN 1861 was nominated for Nice VIZ
President. lie died in Belgium In 1882 "A
John S. spendleton, also Of Culpepcr.
was sent to Congress from Virginia, from
1S45 to 1871; and also8a second term IN
1910. In 1851 he was appointed minister
to the Argentine Republic. lie died III
Cu'peper county In 1893.
James Madison Pcndleton, was also one
Of this branch Of able statesmen. He
was born in Spotsylvania8county, and en-
tered the ministry Of the Baptist do
nomination, becoming the author OF, many
church works. N
Indeed tho church has never lacked
supporters among tho Pendletons, for
from the first establishment Of the
church In Virginia the names of John,
James, Edmund, or some Of the family
appeared as delegates to the Episcopal
council. from Caroline, from 17S5, the first
session, until most of the male de-
scendants died out or removed from the
county; and, though Judge Pendleton and
Governor Nicholas maintained stoutly
for the established church, against Mr..
Jefferson for religious freedom. yet we
now find many able ministers of all de-
nominations represented by the family
u The arms We give are furnished by a
member Of the family, being described
as follows:
Arms-gules: An enescutcheon, argent,
between four escallops, or;
Crest-on a cap Of maintenance, gules..
turned UP. ermine. dragon, wings In
verified, holding in it's paw an escullop
arg. iG
N1otto-Manes qualis manobass (staylng
''s' : 80 E. 6. NJ.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07
,ost2 Please answer in genealogl.

what COST. fledSe dIlSWC CT ~ 5N1'0--'fN q,
cal column"
Answer: Yes; in this Republican gov
eminent anyone can wear any device
they choose; but In a monarchiai gov
5ernment it is only those families upon
whom the King bestows the honor ana
privilege, in return for some special ser 81
vice, that can bear a title or wear me
arms granted: but that privilege descehas
lnon. all the members OF the family I'M
til the line becomes extinct by lne ue esLl !.
or tho male heir
Il we do not manufacture coats-ol-al ;
to order. The Times Dispatch has opened
its genealogical column at great eApol.1
for the sole benefit of#all virginia laIl'n-
lies who arc entitled to VI wear arms,
through English or foreign son nreS ON
their uroper arms, free Of charge. for the
benefit Of posterity; for this great SER :,
Vice every family n the STATE s sh6u,a 9
f. the sunday edition, and preserve these hes,
genealogical numbers which, " the
course OF time will become va ~ y,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07
PAY OF LEGISLATORS.
Low in Some States as Result OF
Constitutional Provisions.

New York and Pennsylvania pay
n,cmbcrs Of tho Legislature s1,5oo and
pay their Governors $l0,0cO rs IN Il Nlut ~
legislators receive $3.50 q year, ~ 'NYh-
consin $500, In Iowa $3.50. ana IN IL
nois 1900 Tho inndequncy OF the'r
compensation. which sinNno case excceus
$1,000, and in some States IS ADJUSTED
on the per diem basis Of 3d.. 81 % or
IS, remains uncorrected for lhe teas st,
that tho figure is usually fiXea py Liie
State Constitution and can be lncrehseu
only by formal amendments, ana ies'a.
lntOrs arc oath to adopt Tor ~ az s,o..
a constitutional amendment illcls ''aa'.
their own pay or TINT OF tne'r o '' =
sors .g ,a,,aro,,y
No such obstacle exists, generallS'
with regard to the pay Of AI llN,s q
Within the last few years the sa.hry "a y,
the Governor in Iowa has been fa t,!a,,
from 5000 to 5000, In X kansas : i' 80
5000 to 5000, with m ndditloH VI sI,-
900 for household expenses W ~
sipp from $500 to $500 ~ NgIta, ~ NJ
Linz from $1,000 to $1,000, IN soull' ~, ~,
kota from $3.50 to $1,000, h1ld ~ - Y
from 81, 600 to $1,000. 90 coo
Massachusetts pays 5000, ono ~. $s ~,
New Jersey $4,000 california $6'WV, ~,
rcis $1,000 Kentucky $1,000 any =
and the Southern States, except 'teo.sm y,
from $1,000 TO 5000. Perhaps the d,spnl.-
ty is nowhere more clearly marhsu '' rnt
In Connecticut, where the Gopeli,uf sooo
ceves $4,000, and the lesls'p ? fs's
each, ~.
Three hundred dollars AZ year t " ~ !"
lawmaker Is certainly not m eh MI H.
CANT rate. IL the lawmnker IS Wp.l't .d i.s
sail TO the State he sfrves.--NeW W
| Sun.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07
SPECIAL ITEMS FROM
THE CENTER COUNTER.

Il Small lots and numbers that cannot;
be Duplicated: rather than have them
mixed in with our other goods. we
have marked them in this low priced
way
Ladies' Linen gHandkerchiefs, sheer
and fine worth almost three 3c
times the price we ask.......... u
Ladies' Swiss Handkerchiefs. laco
edge and embroidered, slightly soiled,
that are worth 10c. to 1211sc. Re
for :. >. $50 s
@ Special lot Of Beading, in white and
co,,rcd; the neat, dainty patterns!
that sels at 121sc to 15c., 0r
Another Ribbon Special, black and
colors. 4oc. and Coo. just as good as
anything We ever sold '1; Ct 12l2Ci
19c-, for ...... ~
Venice Lace Collars. several styles
to select from. bought from an n dm- :.
porter, too small to sample, 80 we
got them at our price. You - 80.
will get 4sc. collars at........ 80
II Another lot. bought IN the same nc
way, only better goods; these styles
and qualities never sold FOR less
than S1oo to s1.o5; Mondays SC
3 price ..............-...Ti3 '..'......
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07

From "A Lover OF Iieraldry stault-
ion. Va. Can any family have coat
cs.arms2 Can you supply them and at
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07
COTTON SHEETS AND
(, SHEETIN,G.

we do not have to tell you what
kind OF bargains these are. All we J.
have to say, they are still ut old prices c',
When this lot IS gone We do say you
will have to pay 25 per cent. more.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-02-07

FEBRUARY LINEN
BARGAINS.#
a February sale That means the
biggest bnrgn1ns ii, Linens you h have t
ever bought. ~ NJ III
Russia and Absorbent Crash Sc
Plain Linen Crash. Is inches wide.
and ali unbleached Crash, MAC
10 inches wide, fore. TO-
Now Cor a rove, that Is extra
heavy, half linen, hemmcd 10r
ready for use, for Il -
Another Towel that IS very nbsorb-.
ent. red :, q. and nd blue t borders 's INC
Listen what It says about q Dinner
Napkin. that is 90 inches CT 4RR
square, worth $500, for... - $50 ~ !
a.5This February sale gives you 3 Ma
Table Damask that Is g. inches
wide, thnt is worth &C, 42Cg
.......... ~ y
Another great special in Table Dam u
ask. Irish Linen, bleached, good pat
terms, and never sod for less hOcE
+ than zoe. for
COTTON SHEETS AND
SHEETING.
We do not have to tell you what
kind OF bargains these are All All we
have to say, they are still ut old prices
When this lot IS gone we do say you
will have to pay % per cent. more
Fine Cambria. 36 inches wide. What
do you think of this as q hlZC
bargain? Only an
Pillow Case Cotton, 40 inches WIDE
bleached; lie. is the right nc
price; Monday for DOT a., j
cs A Blea ched shecting. ~ yards wide
that Is worth 25c., OC
for ............. .......,..,'.... t-Ii q
"a Bleached sheeting.. oA yards WIDE de-
cost o7c. to buy: only two or three 'ae
pieces left; as long as they nc
last for .......... -,
pillow Cases, ~ by SO and q 11c
by SO inches, worth 15c.. for
Bleached Sheets, ~ yards wide by
2h yards iong. worth 55cr a &c
for y ]. /. !. Il. ,I'-'
~ Blcached Sheets, ~ yards wade by
oiA yards long. worth 65c., &c
for ................ ........i..''....'.siE-
| b.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
ADVICE TO HIS HEIRS
GIVEN IN LAFLIN'S WILL.

Chicago. Aug. 4.-The will or George q
Latin. the Chicago pioneer. which has
been fled for probate not only provides
for the distribution OF property. valued
at 1900, 600 but contains the following ad-
vice to his heirs;
III would advise all my children TO ba
prudent I'm their investments and not to
purchase anything simply because Il ID
cheap but TO remember that n long time
security drawing low rate OF interest -
often more desirable than an Investment
which draws a high rate OF interest.
II would also advise them not 20 pur-
chase anything which they cannot pay
for In full at the time OF the purchase
and more men are ruined by speculation
than IN any other way. / also advise
them not 10 sign any note or bond and
TO look well TO all transfers OF real es-
tate and not to incumber any real estate
except for the purpose ofsimproving the
same" I.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04

Lao Yang, 5000 on the Saimatsza- Lao
Yang road, $1,000 on the roads TO Mukdel-
and 10000 in reserve.
JAPS NUMBER 10000.
The paper does not give the figures OF
Gen. Oku's and Modzu's armies which are
believed to bring the total TO 10000. The
sailing OF the cruiser Division or the Bal
tic squadron has been postponed for
fortnight.
The cruiser oleg and the transport
Kamtchatka are ready 10 go into commits
sion.
The vessels now commissioned arc the
battleship Alexander II. the battleship
Borodino, the armored cruiser Admiral
Nakhimoff. the battleship Navarin. the
battleship Osliaba, the protected cruuiser
Aurora, the battleship Souvaroff. the
battleship Orel and two other cruisers
with quite a iotilla of torpedo boats and
torpedo boat destroyers.
FIGHT AT sIMOUCHENG.
Gen. Kuropatkin's official details OF the
fighting, July 81. at Simoucheng. say that
only a division and half were engaged.
The report does not mention the loss OF
guns. neither was Lieut.. Gen. Alexfen
I'm command as stated In the dispatch
from Toxic yesterday. Gen. Alexieff.
who commands the Fifth East Siberian
division OF Gen. Strakelbergs corps, was
posted on the OtneT stuc VI 1haiShShbb
July 81.
The war office does not intend to pub
lish the name OF the actual commander
at simoucheng for reasons OF military ex-
pediency.
The war office does not expect the
Japanese to resume their advance for
several days. They are always slow
and cautious and make the most careful
| preparations before striking. Now they
| are probably again preparing for flank
| ing movement on a large scale, and
possibly awaiting the marching up OF a
strong column from Newchwang.
CAUSE OF SATISFACTION.
The failure OF the Japanese to follow
up their success Is evidently the cause OF
| great satisfaction to the general staff
| here.
Whether this feeling Is due to the fact
that the delay will give Gen. Kuropatkin
brea thing space and enable him to ar
range his concentrated dispositions for
the coming battle. or because 1t will allow
| him the requisite time to effect his with
| drawal northward is. of course. unknown.
| the general staff not even intimating that
| tho commander-in-chief is contemplating
| escape.
In either event, however, the Russians
Continued on page Four.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
NOVEL POINT
IN DIVORCE
ACTION

The petition OF Anna M Leckney for
an allowance for her support and counsel
fee. pending a hearing on her petition for
a divorce from John Leckney, has been
referred by Judge Biodgett TO the three
judges of the appellate division. AS Mrs.
Leckney seeks divorce on the ground
OF a void marriage. Mr.. Leckney says he
is not obliged TO pay her counsel fees or
anything for her support.
AS the question is a novel one in this
state Judge Blodgett referred IL 10 the full
court There Will be a good deal OF in
forest taken IN the decision.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04

st. Petersburg. Aug. 4-The army or
gan makes no effort TO foreshadow events
of the immediate future in the Far East
and gives no clue to Gen. Kuropatkin's
intentions; but It declares that the events
OF the last 10 days demonstrate conclu-
sively that the Japanese idea since the
beginning OF the war had been 10 strike
the main army and not as had been pop
ularly supposed to take Port Arthur.
The paper says the japanese advance
began July 20. the taking OF Tatchekiao
being a signal for the final struggle in
the valley OF the Lao river. On July 81
after six days preparation, the armies OF
Gems. Oku and Nodzu moved against Hal
cheng. The same day Gen. Kuroki began
his advance on LAO Yang. rushing the
position OF the Russian army at Yangze
Pass and that Gen. Herschelmann at
Yushu Pass equivalent TO the japanese
"Yshulintzi."
This paper estimates the strength OF
Kurokis army at 10000 men of which
number $1,000 are on the high road to
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
CONTRACT NOT AWARDED.
Five Bidders on Filling and Grading at San
ituhum for ConsumptIBs.

Bids for filling and grading at the
state sanitorium for consumptives at
BurrlllviIe were received at the office OF
the clerk of the cimmission up to noon
yesterday and about noon today there
was a meeting OF the commission In the
Industrial building 10 open them.
The specifications call for the removal
OF about 1000 cubic feet OF soil and the
building OF a rubble retaining wall OF
about go cubic feet near the barn.
There were five bidders from this state
of whom three were Providence contrac-
tors. The members OF the commission
present decided TO wait till the fun board
was present before awarding the contrect
as one OF the members In at Block Island
today and another is on his vacation.
The clerk. il. ID. Joyce stated that the
meeting OF the commission would prooa-
bly, be held during the coming week.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
GOVERNOR IN BOSTON.
Accompanied by His Daughter, State eHscu-
tive Attends Old Home Meeting.

Today Gov. l.. F. c. Garvin Is a guest
at one of the Old Home week celebrations
in Boston. He started from here todays
accompanied by one of his daughters who
will be among those receiving with Cow
John Bates at the Observance OF the
Daughters Massachusetts in the Hotel
Brunswick this afternoon.
Gov. Garvin will also receive with other
distinguished guests.
In common with the executives OF the
other New England states he is a vice
president I'm the New England Old Homs
Week association. and an ardent advocate
of the spread II the "old Home" move-
ment In this STAKE.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
SUITS FOR
ALLEGED
ISLANDER

Two slander suits were among the
cases filed in the clerks office OF the
common pleas division OF the supreme
court, today. Morris Steinberg brings
suit against Louis Derrick, 10 recover
5000 damages. Mr.. Steinb4rg alleges be-
sides injury to his reputation serious
loss OF trade as the result Of false and
Peter ]. Quinn is attorney for Steinbers.
Nathan Gellman wants 5000 damages
from Barnet Qwasha. Nathan declares
that Qwasha falsely and maliciously ac-
cused him OF setting fires and left him
open TO prosecution for the crime II ar
son. These charges injured Mr.. Gellman
claims his standing with his neishbors
and his trade. Frank II. Bellin Is plain
tIff's attorney.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
FOR
MURDER OF
WATCHMAN

Paterson, N. j.. Aug. 4.-John Lyons
was hanged in the county Jail here today
for the murder OF John Christian. an
aged watchman. who was beaten to death
when he detected Lyons and William AL
len robbing a Paterson silk mill, four
years ago.
The last effort to save Lyons was made
yesterday. when Ward and McGinnis.
counsel for the condemned man. appealed
TO Judge Pitney at Morristown, for a
writ OF haoeas corpus for Lyons alleging
that as Lyons was not hanged on March
4. the day first set for the execution. he
was legally dead. the court that granted
the delay having no power to do so. that
authority being vested I'm the governor
alone.
Allen was convicted and is now serving
a thirty-year sentence for his share in
the murder.
The Providence news. (Providence [R.I.]) 1891-1906, 1904-08-04
OFFER OF
MEDIATION
NOT MADE

Fall River. Mess, Aug. 4.-The state
ment that the National Civic federation
has made an offer TO arbitrate the strike.
was denied by President Golden and Sec
retary HILBERT of the United Textile
Workers today. During their trip to
Washington to see President Gompers Of
the A. #. L.. Secretary Easley of the
Civic federation telegraphed Secretary
Morrison OF the A. F. l.. to request
Messrs. Golden and HILBERT to stop over
in New York on their return trip. and talk
the Fall River strike over.
No hint was given of an Offer OF media
tion. Secretary Morrison forgot to COM
municate the message TO Messrs. Golden
and Hilbert until after their return,
writing them to that effect yesterday.
The local labor officials do not ex-
pect to confer with Mr. Easley at present