davidaulloa/AmericanStories huggingface dataset:
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

while others doubt it. Following is the
decision Of the court:
The evidence in this case shows that
plaintin purchased and had shipped TO it
from AIdeson, /. T.. six cars of coal to
Mangum, which coal was delivered and
freight charges paid from the Sd to the
18th of February. Thereafter in the
month of March defendant demanded OF
plaintiff as additional freight charges the
sum of s12S.S, alleged to be due on ac
count of the change in the tariff rate,
which went into effect February 1st as
exhibited to plaintiff by the auditors cor
rectfon sheets, and which was not col
lected by the local agent at Mangum for
the reason that he had not notice OF
the change ef the tariff schedule. Which
charges the plaintiff at first declined TO
pay, but upon the statement of the local
agent that he desired this payment in
order to keep his books straight and If
plaintiff would pay this sum to the COM
pany. ne felt sure that the company. un-
der the circumstances, would allow the
same and the plaintiff. through Mr.. Hern-
don, member of the corporation. agreed
to pay this gum. and di pay the same
with full knowledge Of the facts and
circumstances, save and except il was un-
known TO either party whether the tariff
schedule had reached the Office of the
local agent at Anderson. /. 7.
From the above facts and circum-
stances it was concluded by the courS
that the money was paid with a knowl-
edge Of the facts on the part Of the plain
tiff; that it was a voluntary payment,
which in all probability he could not,
under the law, have been compelled TO
pay; that it was made under no mistake
of facts; that plaintiff was in no wise
deceived, defrauded, or coerced; that il is
a well settled and universally recognized
rule that money voluntarily paid under
a claim of right and with knowledge of
the facts on the part of the person max
ing the payment cannot be recovered on
the grounds that the asserted claim was
invalid or unenforceable. nor that the
payment may have been made under
written protest The plaintiff had full
that the agent could not re-
pay and could not bind the cmpany to
repay as evidenced by it's filing claim in
the regular way to be passed upon by
the company There was no mistake
Of facts which induced plaintiff to make
the payment, the payment being volun-
tary the plaintiff is not under the law en-
titled to recover.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
THIEF WAS ALARMED.
Let the Horse Loose After the Alarm
Was Given

Blackwell Q. T, March 30-Monday
night Will Shall. whose father lives in
the western part of the city. drove down
town, hitched his horse in front Of the
residence Of a young lady, for the pur-
pose Of making a call. says the News.
Later on, he thought he heard a disturb
ance where his horse and buggy were,
and he looked out just in time to see
man driving off in the buggy. Mr.. Shall
called to him to stop, but he did not stop.
City Marshal Lund was ar once notified
OF the theft and ne lost no time in get
ting the rural telephone working He
notified every farmer that could be
reached. For some reason the thief be-
came alarmed and turned the rig loose out
west f town and it came home. The
man who stole it has not been heard Of
since
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

accident, and is in a condition that will
insure the safety of the immense flow Of
gas that has already been found.
How deep the new well yill be sunk
is not known, but there is talk Of sink
ing 1t much deeper than the present one,
in fact deep enough to reach the second
vein of gas sand and possibly a still
greater flow of gas than has been dis
covered in the present well. Even the
most incredulous have come to the con-
clusion that Blackwell has an inexhaus-
tible supply Of gas, that only needs TO be
developed and controlled to make 1t of in
estimable value TO the city and the sur
rounding country
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
FLYNNs COURSE eRlEvEs.
Guthrie People Regret the Alleged
Effort of the ex-Deleaate.

Guthrie. o. T. March so.-The average
Guthrie man looked sad last night when
he heard that dispatches had been Re-
ceived here announcing that Dennis
Flynn was in Washington working 10
take the capitol away from this city.
Mt. Flynn has always been great
favcrite with the people Of Guthrie and
they felt that he had betrayed them n
the matter of the capital location A
good many OF the business men at Okla
homa City have been telling Guthrie peo-
pie that they did not care TO take the
capital away from Guthrie because Okla
houna City aspired to be the commercial
center Of the territory and nc, the cap
itai-
I. seems strange that people could rot
see that Mr.. Flynn. TOW being 3 resident
erf Oklahoma City. ought not 10 be ex-
pected 20 lose the splendid opportunity
grcss and helping his new home city.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
FLOW OF GAS STRONG.
Blackwell Is Confident That Ii Has
lnexhaustbIe Supply.

Blackwell. Q. t March S0.-The flow of
gas in the well continues unabated. says
the News. In fact it is believed to be
growing stronger if there is any differ
cnce. Mr., Harris. who has superintended
the drilling. says there is 250 pounds pres
sure TO the square inch. though il has
never been allowed to exert its fun force.
for fear Of blowipS the cap of the cas-
ing that extends out Of the well.
1t is thought that work will begin on
the new well by the first of next week.
when the drilling will be pushed with all
possible speed. \ report was circulated
Monday that there had been cave-in
IN the present wen. but it was without
foundation. as the Wei IS cased clear TO
the bottom. SO that a cave-in is impos-
sible. for the wel is safe from any such
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
THREE DAMAGE SUITS.
Alleged That Boys Were Killed by
Fault of the Railroad.

Oklahoma City o. T., March 30.-J. c.
Hughes. as administrator of the estates
of Joe Rogel, Hugh Morrow and Daniel
Carnahan, all deceased has filed three
separate damage suits in the district
court, in which the>Atchson, Topeka and
Santa Fe Railway company is made de-
fendant.
The suits are brought to recover dam
ages in the sum Of $4,000 each for the
death of the three boys named, who
were, on October 26, 1902. mangled and
presumably killed near Noble. in Cleve-
land county, by a Santa Fe train.
The three boys were each about Is years
Of age.
The petition alleges that the three boys
purchased tickets in this city for Noble
on October 26 and took passage on the
train leaving for the south at 1880
o'clock that night; that they reached
Noble at 1890 a. m, and, upon inquiry
of the agent there were Informed that
the nearest and best route to the South
Canadian river was TO go south on the
railroad a distance Of about three miles;
that the three boys started to walk u
the river and had proceeded distance
of about two miles to point where
public road intersected with the railway,
ana just south Of this point is sharp
curve. so that person cannot see the
approach of trains from the south; that
the lads reached this point at l;3O on
the morning of the 9th and were struck
by north bound train that gave no warn
ing of its approach by whistle or bell
1t is further alleged that the train was
moving at n high rate of speed and that
the engine was without any headlight
This awful tragedy was recorded In the
CITY papers at the time. All OF the boys
were so frightfully mangled that 1t was
difficult for their friends TO identify the
remains when brought to this city. They
were all newsboys, fast friends. and were
going TO spend day fishing in the South
Canadian river when the awful tragedy
occurred
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
MADE BY STUDENTS.
Work Of the Mechanical Department
of A, and M. COLLEGE.

Guthrie, o. T., March 3o.-A shipment
of furniture has been made from the A.
and M. college at Saltwater to the Okla
homa worlds fair commission. consisting
Of fine oak library table and six hand
some oak chairs, mission style. This fur
niture was constructed and finished en-
tirely by students in the mechanical de-
partment Of the college and will be an
important part of the furnishing OF the
Oklahoma building on the worlds fair
grounds at St. Louis.
The students in the mechanical depart
ment of the Colored A. and NJ. university
at Langston have also constructed a fine
oak dresser and oak bookcase and several
other articles of furniture which will be
used in furnishing the Oklahoma building,
and make an excellent showing for the
educational advantages offered the col
ored race in Oklahoma.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

He will form a stock company and pro-
ceed with the well till a greater supply
is found. Oil has been known to exist on
the Shultz place for about a year or
more, but unfortunately Mr.. Shultz be-
came entangled with a party who at
tempted to control the whole business
and the oil excitement died very sud
denly. Now, Mr.. Shultz says, he is free
to act in a way that will develop the oil
field, and he will do his part.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
KEEL WILL CELEBRATE.
Expects to Have Large Crowd and the
Rest Prodran

Kiel. o. T., March 3O.-Kiel will hold \
big celebration April 18th and 2oth, CO.
memorating the opening of the Cheyenne
and Arapahoe country. Efforts are being
made to secure Governor Ferguson and
others prominent in the territory for this
occasion. The amusement program is the
best of any previous celebration. Large
crowds are expected
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
Four Cases Filed,

Guthrie, o. T., March S0-Four eases
were filed in the supreme court today.
The case Of the territory VS.. w. H Van
Meer. in which he was convicted for the
shooting of e L. Semft In Pawnee coun-
ty. was one of the cases. The other
cases were Two from Pottawatomie coun-
ty in which the Live Stock Commission
company of Chicago is the plaintiff, one
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
Mrs. IL a. Liorklns ls lll.

Guthrie, o. r. March s9.-Mrs n. NJ.
Hopkins. wife of Prof Hopkins. OF Ed
mOnd and formerly % Guthrie. a. very
low az her home in Edmond. An opera
ton WAS performed at Oklahoma City.
Saturday. and her codition Is stili consk-
cred critical -
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
Robs You.
Work, Worry, Trou-
BILE Waste Your Life
Force, and Rob
Your Heart.

Anything that uses up nervous vital
ity too fast In any one part OF the body,
robs and weakens the heart.
Thus overwork, worry. grief. La
Grippe. fevers and all sickness, tobacco.
alcohol and other stimulants decrease
the vitality OF the heart and robs you OF
Just SO much o. your life.
The best remedy IS DR.. Niles New
Heart Cure This restores 20 the neTtes
Of the heart the vital strength Of which
they have been robbed. thus strengthen
ing this vital organ.
By taking Or. Miles New Heart Cure
before the heart is permanently az
fected. possible dangerous disease Is
warded OF. Even after the disease II
upon you. Or. Miles New Heart Cure
will yet be nearly sure 20 effect per
manent cure.
When eminent physicians have been
unable to relieve heart troueie, d..
Miles New Heart Cure has restored the
patient 70 perfect health
II ws< taken with q very severe pain
IN and around ny heart accompanied py
irregular heart action. ] tried tvo doc
tors and received no permanent relief:
/ then commenced taking DR.. AHeS
New Heart Cure. which soon cured IA
and have since passed examination for
old line life insurance. and wss recon-
men6ed for all / wanted 1 have lad no
return OF the symptoms,
J. W BOWERS. Newman. Ga
II the frs. bottle falls 70 help-ths
d-,1xx,.. VIII give you back your money.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

NO--~O~-~-0-0@-~-0-~-~-~~N q, especIaIIy
such women that are exposed 30 the vi
cissitudes of climate as 1 am.
Il never neglect an opportunity to
recommend this remedy to my friends.
1t is Americas greatest remedy for
Americas greatest enemy. catarrh and
catarrhal affections. I would not have
catarrh for million dollars. and as long
as | have Peruna at hand to check the
slightest symptoms of its approach. l
feel perfectly safe from this disease
Mrs. Leslie Carter.
Women of National Prominence En-
dorse Pe-ru-na.
Many women of national prominence
endorse Peruna. Women well known
in the social and business world. club
women of distinction. wives OF I. s.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
To Aid Mr.. Baxter.

Guthrie. O. T. March Sa-Prof. 2 E.
Buck, superintendent OF the city schools
has been given a weeks leave OF absence
and went 10 Oklahoma City tonight TO
assist L. W. Baxter, territorial superin-
tendent. in the preparation Of the educa-
tional exhibit for shipment to St Louis
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
Mrs. w. jackson Is Dead.

Norman. O. T. March So.-Death
claimed It's victim Saturday night In the
person OF Mrs ". ]. Jackson. wife Of
w. J. Jackson. a well known lawyer
lrere. Mrs. Jackson was well and favor
ably known and a large circle OF friends
mourn her loss
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

Senators and Congressman. wives Of
Generals. prominent physicians and min
listers use Peruna themselves and recon-
mend II 10 their friends. Thousands oS
housewives use Peruna and are never
without II in their homes.
If you do not derive prompt and salts
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
ZION IS PRoFiTINe.
Makes Money Because Of the Strike I.
Chicauo

City IS profiing by the strike now g0lns
on In the big printing and publishing
houses ~ Chicago. The employers ere
sending their bookblnding work to oat-
side towns. and great Quantity - 60
inE 70 Zicn
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

f OIliillcHl q L I
ress in America,
says the follow
ing Of Peruna:
"'Peruna is sure
to prevent a cold.
It will stop a
cough before IL
becomes 5 e t Il cd
1t cures all ca
I a TT h a ! affec-
tions like magic.
No money could
tempt me to be
without this rem
edy for even a day.
1t is just the rem
edy that all women
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
PEACHES, APRIcoTE AND PLUms.
Recent Cold Spell Has Injured Certain
Fruits

Ingalls,. o. T, March So.-The peach.
apricot and plum crops were damaged 20
such an extent in the recent cold spell
that there will not be more than half
crop at the most IL was extremely cold
here three days OF last week
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

factory results from the use Of Pc
write at ORce 90 Dr. Hartman. givil.s(
full statement Of your case and he WI
be pleased 10 give you his valuable adj
vice gratis.
Address Or. Hartman. President Of The
Hartman Sanitarium. Columbus Ohio.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
WOMEN OF THE UNITED STATES
Regard Pema Their Shield Against Catanh Coughs. Co1
Grip and Catarrhal Diseases

~ OLDS are considered one of the
~ necessary ills of life. One is liable
TO catch cold both summer and
winter
Very often q cold is the starting point
or cause OF a lengthy and dangerous
catarrhal disease.
Colds are always dangerous and should
never be neglected a day.
4 cold is the beginning of catarrh. 1t
may cause catarrh OF any OF the internal
organs-the head. throat, lungs. stom-
ach and pelvic organs. A remedy that
these direct effects of colds.
Peruna is such remedy. We have
letters from all over the United States
attesting TO this fact. The poor and rich
alike use and recommend il.
Cure a Cold Before 1t Develops Into
Catarrh.
Miss Helen Sauerbier ST. Joseph, Mich,
writes:
Last winter caught a sudden cold
which developed into an unpleasant ca
taTTh of the head and roat,-depriving
me of my appetite and usual good spir-
its. A friend who had been cured by
Peruna advised me 10 try it and I sent
for q bottle at once, and am glad to say
that in three days the phlegm had loos-
ened, and I felt better, my appetite re-
turned and within nine days | was in
my usual health
Mrs. Leslie Carter Uses Pe-ru-na to
Cure Colds.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
He FOUND OIL.
Day County Man VIII Develop His Oil
Property.

Grand. O. T. March "a TIE Dzy
County Progress states THAT David shulsz
r..Vo-1s 4 rev find OF hts place n the
north part of the county He brought II
a sanpl. bottle of ol thai be found a.
a depth Of about forty feet II Was aboGt
tie same In general APPEARANCE as that
OF the Beaununt oil. bus Contained mere
couabu<sib,s substances sxr. shulfz szys
he tas contracted WITH q vel drilling
company q ssnk Q hole s.ees feet deep.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

against Joseph CenneIly and the other
against Jesse Fix. Another is Joseph
Sabbott VS. Mrs. G. L. Keller, from Car
field county
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

al took Peruna for months according directions for
cessation of the and found that
functions OF the which had ceased
ting feet wet and catching cold and which Intense
1t also toned and made feel much
better and stronger that feel duty bound good
word for it, shall ceerfuly friends
and that they will all be pleased with the results IL IL
helps them as it did me."-Mynne Barton
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

en- and A c. Burnett
Pottawatumie County-Samuei Clay,
Frank p Stearns and r. Chandler.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
Colds Lead to Pneumonia

Laxative Bromo Quinine removes the
cause. To get the genuine call for the
full name and look for the signature of
z. w. Grove. 25c.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
GAS TO TIA.
Bear, the The Kind You HsYs hlw2Ys flEra
''''a'''' ss &xZzzZm
TO ApPRAIsE LANDS.
Governor Ferguson Appoints Commit
tee To Condemn School Sections.

Guthrie. Q. T., March So.-Governor
Ferguson today appointed the following
appraisers 10 appralse and condemn
school lands taken by the Missouri. Kan
sas and Oklahoma railway for right Of
way In their respective counties:
Pawnee County,. NJ. Swan. o. A Gil
bert and c. G.. Means.
Lincoln County-W II. Falls. T. O.
Page and Hugh Dean.
Oklahoma County-R. K!iner. J. VI. Ow-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
SIXTY DAYS IN JAIL.
Was Convicted Of Violating Feds :,
Court Injunction.

Kansas City. March s0-fee Ovesxtrsst.s
n striking member OF the Truck Drivers
union. convicted OF violating the federal
court Injunction which ordered the rtFik-
ers not 70 interfere with the non-union
men who had taken their places. was to-
day sentenced TO sixty days IN jail.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
GOOD LAWYERS DIFFER.
Some Approve and Some Criticise the
Decision

Guthrie. o. T, March 3o.-The decision
Of Probate Judge Clay of Greer county
in case brought by the Mangum Mill
and Elevator company Of Mangum against
the Rock Island railroad company is at
tracing attention here. Some OF the at
torneys here say the decision is good law,
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31

1DHR WT7Te to Is Tor Free Trial
Pair puIs. tre New scientfhc Remedy
fcr Pain. Also Symptom Blank Our
Specialist viii ctagno<e your case. tel
{sa What III i wsnr wTTYrs she uEprcAI CO. 3
LABORATORIES, E4KHASTs Ina
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
Cure a Cold Before 1t Develops Int
Catarrh.


Mrs. Leslie Carter. probably the most
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03
-----------------
PERSONALS.


Col w. j. Hicks, of Oxford, is in
the city.
Mr.. w. ]. Thomas, of Charlotte, is in
the city.
Mr.. F. Lambe, of Durham, was here
yesterday,
Mr.. CD. Foy, of New Bern. was
here yesterday.
Mr.. w. S. Primrose left yesterday
for Dunn, where he goes to adjust a
fire loss
Mr.. Robert J. Walker, of Charlotte
was at the Marlborough last night
Mr.. D. Z. Weir was here yesterday
en- route for Savannah, to his nome
in New York City.
Mr.. E. G. Lands, of Henderson, al
ter visit here on business, left foI
Goldsboro yesterday.
Mr. A. NJ. Thornton, eastern agent
for the New York American and
Journal, spent yesterday here.
Mr. J. P. Steadman, of Winston
Salem, passed through yesterday en-
route to New Bern on business.
Hon. John S. Henderson, of Sails
bury. and Mr.. Emery E. Roper, OF
Lexington, are in the city on legal bus
mess.
The mand friends of Col and Mrs.
f. b. Arendell will be pleased to learn
that Master Banks their little son, has
about recovered from an attack of
diptheria-
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03
Letter to JAS. A. sexton.
Raleigh, n. c

1LdlelSn, N. =.
Dear Sir: What is lumber worth?
Depends on the lumber you say
"what sort do you want?''
That's how some people talk about
paint. They ask: 'What'l you paint
my house for?''
The Yankee answer is: Glow do
you want it painted? One coat? two
coats? three coats? first-class OF
cheap"
The proper answer is: 81 want the
best paint put on as it ought to be-"
That's Devoe; but the unusual an
swer is: II want a good job; but
want it cheap" Which means:
want you to paint it for nothing.
want to be fooled.
Lead-and-oil is the costliest paint
there is not the best; it used to be
best. Devoe is best, since zinc came
in: Devoe lead-and-Zinc.
Zinc toughens the lead and doubles
its wear.
Zinc cost no more than lead; and
we grind by machinery.
We have no patent on zinc; but
nobody else is treating it right. De-
voc is your paint. Yours truly,
T. w. DEVOE & co.
P. S. Hart-Ward Hardware Co. sell
our paint.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03
PEPPERS AND GREENS.
IIomely Tar Heel Products Flounsh
Along With Roses in Supreme Court
Garden"

Every citizen and visitor to the city
has noticed the roses that grace the
plots in front of the Supreme Court
building and the vines that Chamber
rabove the door of the entrance. Few,
however, know that the little strip of
rich earth also sustains miniature
garden.
Assistant Librarian Wake passed
into the court room yesterday with
his hands full of red pepper pods
which he had gathered from the rose
garden in which he had set out the
plants.
1.-The peppers are mine" he explain
ed and the greens belong to George
(the colored servant about the build
nig.)
Both peppers and greens" were
seen to be fiourishing. although the
conspicuousness of the roses keeps
them from notice.
The courts share in the garden is
the roses, although that is doubtless
largely matter OF the dignity OF jul
deal restraint.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03

The Seaboard Wharf 81 Warehouse
Company have now completed. in ad-
dition to their present extensive ware
house accommodations a number of
Modern Standard Warehouses for the
storage of Cotton. Peanuts. Ferulizin2
Materials. Fruits. Vegetables General
Merchandise. etc. with every facility
for handling by water or rail. Ware
houses rented by the year or month,
or storage will be taken at currenE
rates. Negotiable receipts given. Full
particulars on application to
Seaboard Wharf q Warehouse Co..
365 Withers Building. Norfolk. We
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03
Miss ST. Sings Funeral.

The funeral of Miss Indie M. st.
Sing took place yesterday afternoon
at $3.50 o'clock from her late residence.
The services were conducted by Rev.
NJ w Butler and j. L. Foster. of the
Christian church. There were many
friends present The interment was
in the city cemetery.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-03
Change of Political Tide.

Col. F b. Arendell returned yester-
day from a business trip to Richmond
II met several gentlemen on the
train" said Col Arendell, "on their
return from New York who stated
that the recent speeches made by
Judge Parker are regarded as stun
ming revelations and they were about
to instigate political revolution i'll
the doubtful States