davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
OPERATIONS NOT ALWAYS
NECESSARY.
Doctors Frequently Mistaken.

Il suffered untold agony with piles
for over three years. Two doctors told
ME nothing but an operation would
cure me. | tried different remedies
but nothing did me any good until I
used Pyramid Pile Cure. | bought six
fifty cent boxes at the drug store, and
now | can do my work and go out.
where before | spent most Of my time
lying down. | thank God for giving
the discoverer the knowledge to make
such a cure. | recommend it to all my
friends, and if | eve- have piles again
will certainly use this remarkable
remedy. You can use this in any way
you wish TO make known the wonder
full merit of Pyramid Pile Cure" Mrs.
Wnn Mucky. 81 Marshall street. Eliza
beth, y. ].
The experience Of this lady is that Of
thousands of others VINO have been as
sured that nothing short of an oper-
alton would rid them Of this distressing
complaint. On the face of it, it ap-
pears as if too many surgeons opera te
in order that they may keep their hand
in. and lose no portion of their skill;
then. again, too many surgeons are
anxious to experiment 0ike the
scientific man in Mark Twain 5
pathetic story of the dog and her little
puppy. and do not have proper regard
fer a PATIENTS physical welfare or con-
dition.
We acvise every sufferer to think
| twice before submitting to an operation
for piles, and suggest that those inter-
ested write to the Pyramid Drug Co.,
Marshall. Mich. for their little book on
the causes and cure Of piles, which is
sent tree for the asking. oct11-l3
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

wrote Washburn Bros, agents of the
vessel. under date of March 31st, 1899.
from whom the check was received, in
| which he SAID he thought there was
some mistake about it: that he took
only 1-12S of the schooner, and asked
an explanation He retained the
check, and again on May 3, 1899, ne
wrote Washburn Bros. in which he
said. Il don't know what Captain
Hamilton meant by putting me down
for any more than LIPS of the schoon-
er John c. Haynes" June 30 1899
another check for dividend on 3-256th
was sent defendant, and on July p of
the same year another check for d1Vl-
dent was sent to him. All these
checks he retained. endorsed them. and
presumably received the money there
on. The vessel was lost in August.
1899 Defendant was master of the
John X. Souther, and Hamilton mas
ter of the Haynes. Each party was
interested in both vessels.
Thu only evidence that Captain Poole
finally consented TO purchase the extra
share. is he fact of the receipt and re-
tention of these checks. The whole
amount of tile three checks was ninety
dollars. of which Captain Poole was
entitled 70 sixty dollars as dividend
upon his 2-256 parts. Captain Poole
being absent on voyages when the
checks were received. it was not I'M
natural that he should retain the over
navment. to be adjusted on settlement
of the vessels accounts when he re-
turned. We do not think their reten-
ton under the circumstances, sufficient
to establish an intention to take and
nav for the extra share. Two wit
uesscs called by the defendant testify
that in February or March. 1899, in a
conversation between Captain Hamil-
ton and captain Poole. Captain Poole
told Hamilton he lid not agree to take
the extra share and should not pay for
it-that Captain Hamilton urged him
To take it. but he steadily refused.
The verdict for the plaintiff must be
set aside and it is,
So ordered.
Received Oct. 10Th 1904.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Augusta people will be interested IN
the announcement of the engagement
Of Miss Susie Whitehouse and Bernard
Archibald of Houlton. Miss White
house is the youngest daughter OF Hon.
Frank c. Whitehouse of Topsham'
and is the sister of Mrs. Norman NC
Kinnon of this city whom she has often
visited Mr.. Archibald is graduate
of Bowdoin. 1904, and is at present
studying law. During his coiiess
course he was very prominent IN an
the musical organizations and was
orator of his class on Glass day. ne
also belonged to several of the sociai
and literary clubs of the college and Is
a member of the Delta Kappa Epsilon
fraternity.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Extensive improvements are in
progress in the basement of the store
occupied by G. b. Murphy on Water
street. which include putting in new
timbers and flooring in the cellar, and
other repairs, which will constitute 4
decided change for the better.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

While G. c. Stuart on the Eight Rod
road was picking apples, this Wee, t1
his orchard he came across curiosity
in the fruit line. Two apples which
had evidently started in life side by
side had grown together forming one.
There were the two blows but the two
stems had grown into one.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Lincoln County. William c. Herring vs.
Mattel " ConklinS. ktscript Go Opin-
ionD. StTout, j.
1hls was d petition to annul d decree
OF divorce. The Presiding Justice by de
Gee, which found the 1aCtS adversely 10
the petition denied the petition. from
this decree. petitioner claimed an appeal
The appeal must be dismissed. I'M
properly before this Court. There is III
prov Sion vi law for an appeal from such
decree.
But it may be added, that reading OF
the evidence affords convincing proof
that the findings OF tact by the presiding
Justice were fully authorized, and that
the decree was right.
Appeal Dismissed.
Rec Oct 10th. 1904.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Morris Huff, one of the linemen fol
the Kennebec Light and Heat Co., has
returned from trip to Toma lake
where he had been spending his vaca-
ton. Mr.. Huff took his rifle along
with him, and brought back a three
year old buck weighing about l5e
pounds. The animal is on exhibition
at Turner's market.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
Soeci&l Advertisements

SMALL ADVERTISEMENTS not ex-
ceeding twenty-five words coming under
the head of WANTED, FOR SALE, ~
LET. LOST. &c, will be inserted once
ouent insertion. ADVANCE PAYMENT
IN sending by mail remittance of postage
stamps should be made with order as the
charges are too small to open account LOT
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Col. j. w. Soule is making some i'm
proveinents ON his cottage, "Adewan.
uo," at Hammond's grove, in the way
ot piazza, etc, which will add to the
attractiveness of the building and the
convenience of those who occupy it.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

The harvest Of October weddings
bids fair to be fairly prolific one, as
the intentions which have been record
ed at the office Of the city clerk indi-
cate that quite number Of Augusta
young people have decided to take the
step.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
New Advertisements To.Dsv

Tound-Jcrsey Hcifcr.
Wantcd-I.ady Agents
I.oS,-Black Neck Ruff
10 Let-BoardIng House
Wanttd-IHsurance Agent.
Wanted-Furli<hc House.
Lost Bag containing money
TO Lct-Desira Die Tenement
Swift Il Turner. Parlor Lamps
I.CSt-I!lack and white setter dog
For Salc-Thret Good Work Horses
Frederick Tibbctts. Boston-t'inane
! .etter.
Hot Water Goods Spaulding's Dru,
store Hailcwcll
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Users Of kerosene Will be pleased ID
know that the price of the oil has beer
advanced, this week. one cent on a
gallon, making the price Of a single
gallon IA cents.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

People that have not bought the ex
change ticket for King Pepper can get
them at II. 2. Lowrll's. Jewelier All
holding these tickets can get reserved
seats on Saturday. oct. l.. at boX Office
enc day before the general sale.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

The economical counter. at the pres
cnt time. iE Russell & Weston Co.'S |:
loaded with lots of dress goods, rem
nants their large sales cause them t
make. BEING sold at half price.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

The entertainment committee Of
King 90, L. r., X. Of f.. is negotat-
ing Tor entertainment for the second
night of its fair, with Portland and
Boston PARTIES.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
ArOoStook County. Daniel 7. Sullivan e'
al VS. Frank w. Titcomb. Rescript

ArooStook County. Daniel p. Sullivan ct
al vs.. Frank w. Titcomb. Rcscript.
tNo opinion. Strout. ].
Defendant objected to the acceptance Of
the report of referees acting und"r rule
of Court and asked new hearing upOn
the ground that the finding Of the ref
ereeS was against law and evidence and
because the damages wer" excessive.
The presiding Justice overrulcd the mo-
ton and exceptions were taken.
The motion did not meet r" reonir-
mentS Of Rule u Of this Court and for
that reason. if no other, was rightly over
ruled.
R,,t il is we'll settled by numerous de-
ciSinns in this state that in The absence
Of fraud where the referees r"uort is I'M
conditional his rulings upOn law. or his
conclusions from the evidence. are not
omen to review in this Court.
The exceptions must he overrr!eh.
The PARTIES have agreed that if the eX-
ceptions are overruled. the defendant l.,
to hr dcfaulted and JUDGMENT entered
for the amount Of III" referees award;
Executions overrnlod: Defendant 70 he
defaulted. Judgment for amount o.
award
Reed Oct 10th 1901
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

J. II. Cogan, who has the contrac
for putting in the heating apparatus a
the new telephone. exchange building
commenced on the work, Wednesdsy
The building Will bc heated by the ho
water system.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

dreWs. yesterday morning. but neithe
was fined. one being put on probation
ana the other let off upon promising t
get ont of town, today
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
LOCAL MATTERS.
Journal Telephone Call, 1884

Dorothy Dodd. the favorite shoe a
F. l.. Jerseys, comes in all the fash.
ionable colors and styles. Full line Of
sizes also.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

The cold wind that was blowing from.
til" north. yesterday. made people who
he'd to cross the kennebec bridge wish
that the windbreak were in position.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Judge and Mrs. w. p. Whitehouse re.
TUNED, "Wednesday evening from Au.
burn, where the judge has Teen DR..
siding at the October term OF court.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
MISCELLANEOUS.
POSITION FOR FIREMAN STA

POSITION FOR FIREMAN STA
tionary engine. Position for lady with
boy. Position for lady with girl. Position
tor man on electric railroad. Party wants
housekeeper, two in family. Party wants
lady to work. family OF three. Party
wants lady 10 care for two Old oeopie.
Metcalfs Employment Agency, Winthrop
Maine oCtl2dlmo
MRS. CRAM, CLAlRVOYANT, CAN
be consulted on health or business. Ref
erences from leading business people.
Hours. 10 A. NJ. to 10 =. NJ. Cases taAen
by mail. Capitol street, near river. Au-
eusta Maize. Octl5diW*
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

nv" marriage intentions of Arthur
Frcd Lyon and Ellie Sophia Cook Of
Augusta. have been recorded at the
office of the city clerk.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
Daily ksnnsbsc Journd

Cards Of Thanks, obituary noticea -.
olutions of respect, etc, win n.
charged at the rate of ten cents ~.
line. No charges less than seyen,v
five cents.
All advertising. announcements Of o..
tertainments, whose object Ia ~.
raising Of money, will be charged At
the rate Of fifteen cents a line.
Advertising notices, news form. will \.
excluded from our local columns sr
cept such as refer to advertiser. =,
cupyinS space in our advertise.
columns, and will be run under
separate head on one OF the Ioo.,
pages.
Subscribers who fail to receiv. u.
Journal promptly viii confer -
by notifying Nc Office imned:atsl,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
SIX SHORT REscRIPTs.
Six Counties Represented by the Cases
Involved in Them.
Emma F. Orr VS.. City of Oidto"n-
RESCRIPT.

Emma f. Orr VS.. titS VI
RESCRIPT.
Savage, ]. .,air
.rou.ns have fully performed their
d,t,. RI the travelling public, When they
ha,.a constructed and maintained
,,.ro,,,,h; v.avs Of reasonable width ana
GOODNESS If a driver choose, WIN
OUT reasonable cause. TO drive outsine
such a way. h does it at his OWN rl9N,
and az The. risk Of his passenger anu
not at the risk Of the town
A town is no. liable for INJURY
caused b. a defect in the way unie'S
the defect Was thu sole cause Oh t"-
injury. !:
Tn an action to recover for IN
i,,riec caused bv a defective way, II Is
incumbent upon the rlaintin 70 prov"
afirm1tiyely not only that no vail y,
dde car" on his own part c"ntrlpute'
to the injury. but likewise that thei
Vas more On the part Of the driver IL
any.
{. In this case the alleged defect con
sisted in what is called hole pesIue
tho rcal. not more than thirty leet
f,,,no tn. plaintiffs house. a dram
pipe had been laid alongside me roau'
III, ,bo same side. ana in front of tn
nl..iu-iff's house. terminating abou-
thirty fact distant therefrOm. The
ditch in which the pipe lay was hlled
about II the level Of the ROAD nearly
as far rs to the end Of the pi2H. From
this point the ditch. untitled. eXtendci
stiIl further. The plaintiff claimed ana
testified the tall grass on the sides -:
TN. road had grown right straight out
over the di:,h." 50 that its precise edge.
o.. end. vas somewhat blind There
WAS a strip of grass ground between
the ditch and the travelled portion q
the way. The plaintiff and her sister
iI.-Iaw were out riding, the sister-ln-
law driving. Starting from the plain
tiff's house. they drove on the right
hand side Of the road towards the ditch.
the of wheel being all the time on tn
grass. The driver was sitting on the
right hand side Of the wagon. with tn"
often directly in front of her: and If
the ditch WAS blind at the hole. by
reason az the grass. ii was clearly in
sight i few feet further on. Ntverthr-
less. she turned neither t. the right nor
to tn" left. and when the oft wheel
reached the h"ln it dropped in. and the
plaintiff vas thrown out and somewhat
injured Held. that the circumstances
show af,rmativcly that want OF dua
ear" On the part Of the driver con-
tributrd I" the injury. and that a nom
snit Was properly ordered.
:. 1t further appeared that til" plain
tiff had known Of the cyistenC" Of the
hole for six years. and knew that it
Wis - dangerous place" yet she per-
mtt"d the driver To drive right
straight along" into the hOl" without
r"luOnStrancr or suggestion to the
driver Of Danger. Held. that her own
want Of .iuo car" contributed 20 the in
jury. ami that the exceptions to the
order Of nouSuit should be oVerrulei
f'r this ~cas"n also. although this WAS
not stated rs i ground of nonsuit by
In" nrcsiding justice.
6. Exceptions will not he sustained
IN uurv went If tn" excepting party
must ultimately fail unnn the undis-
putod facts.
Exceptions overruled.
E,r'l brt 10th 1904
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Great progress has been made in Ireland
with the Town Tenants League wi;nin
the past few months. The aims Of the
orga niZatio are to do for the tenants IN
town what the various forms of the Land
League have done for the farmers.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Plenty of carnations, roses ana cn.y
santhemunis Mrs. J. w. Beck. ao1s'
No. 16 Melville street. Teie t.ss q
1858. oc
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Miss L R. Buck win have an sA s!n i
ton Of trimmed hal i and ooni'e's IA
fan and winter style on Thursaas NV. NV.
Friday. Oct. 10 and at sol w avn,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

AID credits a payment of $39o.0.
Plaintiff says he commenced work on
May Is. 1@2. and he says he did no Work
after July >. l.@2. For this tim" even at
the rate claimed. the balance due would
bc only sell The verdict is for 800. o.
l5ut the d"fcrdant says the agreement
was two dollars Il day and expenses
which would make total Of S3Nl.0. He
has received $3!h That the agreement
was for two dollars a day is testified %
by MIR. Pierce. who heard the trade. The
weight of evidence is therefore that the
rate of payment was agreed to he two
dollars per day and expenses
The verdict is erroneous upon the evil
dencr Of both plaintiff and defendant.
Motion sustained: Verdict set aside:
New trial granted.
Reed. oct. 10th, 1901
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

Penobscot County. Frank E Davis vs..
The United States Peg Wood. Shank n
Leather BOard Go. Rcscript (\o Orin-
ionJ. Struut. j.
Tn. parol contract testified to by plain
tiff falls within thr statute OF frauds, and
cannot I've enforced. But plaintiff rem
dcrcd certain services to defendant, fur
which H. is entitled To compensation
lie claims that h. was 70 be paid one
thousand dollars for a year. and his eN-
lenses a. travelling salesman, and trat
his cnmp"n. alton for til. time he worked
should lie paid for at that rae. His
statement OF account is.
fHld expenses Observation-Disclosures. VI -
ii days service at Sl3si .......... IL
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
T.N'FTIT FITTN UNtI UItT.
Reed brt. 10th. 1904.


vs.. Amos Mrader IL TT. ResCript (No
orininnD Strout. j.
AS~lnupsit to recover balance claimed
to be due for oak logs sold by plaintiff
to defendant.
Defendant asked the court to instruct
til" jury that "if the jury shall find
that by the contract the defendant was
to make 4 survey Of the lumber. and
the defendant did make a survey
showing the amount of the lumber,
then this survey as to amount would
be- binding upon the plaintiff. except in
cas-" II fraud or mathematical mis-
Take
The presiding Justice declined to give
the requested instruction. and eXcep-
ton is taken to his refusal.
The ruling was correct. The re-
uu"sted instruction has no application
To- the case as presented by the evi-
d"nCp
Plnintif claimed that the logs were
sold to the defendant to be delivered at
his mill and to be surveyed by the de-
PENDANT hy board measure. and paid
fur At sixteen dollars per thousand. In
fact no survey was made by defendant
by hoard measure at his mill or else
where Hence the requested instruc-
ton was based upon an assumption of
fact. not existing. and ought not to be
civcn.
pfcndant ella med that the contract
vas that plaintiff should get out the
ok ana ship il to the mill. where it
WIS to be manufactured. and sold by
the defendant to parties in Portland
and Massachusetts,. and to he paid for
at the rate of sixteen dollars per thou
sand according to tho returns of sur
Vey of the manufactured product from
the parties ultimately having it. If
this contention was correct the re-
uuested instruction had no applica-
ton.
Whether the plaintiff or defendant
was right as To the actual contra ct
there being no survey at the mill tho
instruction. if given. might have been
misleadinE--Cc was inanpro-
pirate to the contention and evidence
Of both parties
Tho charge carefully ana fully pre-
scented the law applicable to the
claims of each party. and entirely pro-
tcrt"a the rights of each.
Exceptions overruled
Received oct 10th 1904
Knox county. Abbie F. Hamilton
Adj VS. A. F. Poole. Rescript
Strntt. j.
This suit is To recover the price Of
one two hundred and fifty-sixth part of
the schooner John C. HAYNES new
vessel. Captdin Poole bought in the fall
of 1898. 2-256 parts of the schooner. and
paid for ii at that time. Captain
Hamilton. plaintiffs intestate. then
urged him to take less parts more
which he declined to do Plaintiff
claims that Captain Poole said that he
would take it. If Captain Hamilton
could not dispose of it otherwise. Cap
tain Poole shortly afterward went tc
sea In his absence. and so far as an
pears without his knowledge Captain
Hamilton had the vessel enrolled. and
in that gave Captain Poole as owner OF
S-25s parts March 2Sth, 1899 a check
for dfrf6end on 1896 of the earnings OF
the schooner was sent by mail to Cap
tain Poole. who was then in Baltimore
When this was received by him, HI
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
LOCAL NO7lCES

Lung Kuro breaks up cold in one day
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
FOR SALE.
ANTIQUE MAHOGANY FURNITURE

one pulpit or hall chair. one antique par
lor stove, open CRATE, also plants Austria
lian ferns. large and sinai! Oleanders.
asapenthus Lily Cactus. \. a. farh-
ham uctljdlW
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
FOUND.

n : r { r, L!O n JEnSE7, HbOU
Two years old. Owner can have by call
ing on Mrs Orrin Smith, MaucheSt, I,
proving property and paying for this al.
oct l:i,:,t <
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

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END.
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Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

THE ALLEN LhMBARD HOME
stead in this city Very large lot, fine old
house, excellent stable. beautiful shade
trees. Bargain. c. S. Hichborn.
fuIy3,iff
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

THE RESIDENCE OF w. n. BROOKS
100 Winthrop St.. 'S1z acres of land and
green house. sept3dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13
i WISH TO SELL MY FARM ON
FOUR FARMs IN MANCHESTER.

One beautifully located on Cobbossee.
with seventy rods Of shore front Mrs. c.
Z FoeE. Summer St sept2I ct Z
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-13

HARD AND SOFT WOOD, FITTED
FOR stove or cord wood length delivered il.
not less than one-half cord LOADS. Strictly
cash on delivery. Roscoe e. Penney u
CAk 81 .er&fSA