davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe., 1905-04-29
ST. PAUL BANK WINS
IN SUPREME COURT
Justice Brown Uphoids Ramsey
County Court In Sustaining
Demurrer

The Ramsey county district court is
sustained by the state supreme court
In decision filed by Judge c. L.
Brown yesterday. The First National
bank of st. Paul wins the case brought
against it by the trustees of H. Burton
Strait and Henry Schreiner, the bank
rupt Jordan bankers.
Dec. 5, 1903, the Jordan bankers
were adjudged bankrupts, and on the
date of their failure they had on de-
posit in the st. Paul bank $4,559.63.
The trustees sued to recover the
amount to convert into the general
assets of the bankrupt firm. The
bank officers answered, setting up that
on Oct. 81. 1903, H Burton Strait
owed the First National SS.524.74 on a
note signed by him and ]. R. Strait, an
accommodation signer. The bank ap
piled $3,059.68 as part payment on the
note.
1t was alleged by the trustee that
the action of the st. Paul bank in ap-
plying the H. B. Strait deposit as an
offset to the joint note created a pref
erence within the meaning of the gen.
eral bankruptcy act, that it was not a
proper setoff because it was applying
an individual payment to a joint OBJ
legation, and that the First National
had waived its right to setoff by not
applying it when the money was first
uepOSlleO-
Judge Brown holds with the Ramsey
county court on all its conclusions of
law in sustaining the banks demurrer
to the trustees complaint. Judge
Brown says in his syllabus:
Fred Nabegger, as trustee of Z. Burton
Strait and Henry Schreiner. bankrupts,'
appellant, VS.. The First National Bank
of st. Paul, respondent.
j. Money deposited in a bank in the
due course of business by an insolvent,
within four months of the time he is ad
judged bankrupt is not a transfer of
property amounting to a preference with
in the meaning of the bankruptcy act of
1898, as construed in New York County
National Bank VS.. Massey, 1872 u. S. 1873;
and the bank may apply the amount of
such deposit upon a debt due from the
insolvent.
2. Upon the facts alleged in the answer.
which are admitted by the demurrer. IL is
held that the amount to the credit OF
Strait in defendant bank was properly ap
piled upon note due from him to the
bank.
Order affirmed. Brown, ].
The Saint Paul globe., 1905-04-29
-Jaggard.J.
Joseph Walsh, e.

Joseph WalSn, executor or the estate or
Richard Walsh. respondent, VS.. William
Boyle, appellant
A judgment upon default should be
opened and defendant permitted, upon
reasonable terms, to defend where he has
made application thereto Immediately after
expiration of time to answer, and where
he shows a defense on the merits a rea-
sonable excuse for a brief delay and the
failure of such relief to prejudice plain
tiff
The exercise of the discretion of the
court ought to tend in reasonable de-
gree to secure determination of rights of
parties upon trial.
In this case, held, that where the an
swer was served. one day after expiration
of statutory time to answer, and the ap-
plication for leave to answer showed a
defense on the merits, reasonable excuse.
an attachment of sufficient of defendant S
land to protect plaintiff and no delay in
trial, the defendant should have been
permitted to interpose his defense.
Order reversed.
The Saint Paul globe., 1905-04-29

Other decisions handed down by the
supreme court yesterday were:
In re estate of Anton Sperl, deceased;
- Anna Fischer and Otto Sperl, appellants
VS. Joseph ]. Sperl, respondent.
Where a will is sought to be avoided on
the ground of undue influence, evidence
which reasonably tends to show mental
CONDITION rendering the. testator suscep-
tlble to such influence should be received.
Courts of equity on grounds of public
utility set aside donations of property
made to donee who stands in a confden-
tial or fiduciary relation to the donor,
both where the gift is by deed or contract
inter vivos, and where it is by will.
This rule is applied to such relations
generally and to bequests to a child by a
parent.
The mere facts of such relationship and
of opportunity to exercise influence do not
cast on the child the burden of proving
that a will in its favor was not obtained
by fraud or undue influence, although in
connection with other sufficient circum-
persons contesting such will to the child
proposing il.
Under the circumstances of this case,
held, that the burden of proof rested upon
contestants.
The question of undue influence is one
of fact for trial by jury. Except in
clear cases a court is not justified in di-
recting Judgment Notwithstanding the
verdict of jury that a will in favor of a
child by parent was obtained by undue
influence.
cumstances is inconsistent with such an
entirely clear case and the trial court is
satisfied that the party against whom the
verdict is rendered is entitled to some
relief, the common law remedy was TO
grant a new trial. That remedy has not
been changed by chapter 800, Laws of
Mimi 1895.
Under the circumstances of this case,
held that it was error in the trial court
to order judgment Notwithstanding a YER
dict that a will was obtained by undue
influence
Order reversed. -Jaggard,J.
The Saint Paul globe., 1905-04-29
Enduring Success

depends on continuous and strenu-
Gus effort. The new must constant
iy succeed the old, and there is no
point at which it is safe to stop
content.
Conditions change quickly nova
days, and the up-to-dat store must
accommodate itself, to them. The
store that is always in the lead is
the store in which you will always
find the latest conveniences for the
public, the freshest and brightest
stocks, the most agreeable sales
people, ard the most satisfactory
qualities at the lowest prices.
Such a store is Manufacturers.
The Saint Paul globe., 1905-04-29
SPECIAL SALE OF MEMS NEGLIGEE. sHIRTs

To enable those having
charge accounts here to more
easily participate in today's
special offerings, we will,
upon request at the office,
enter any purchase on bill of
May 1st as payable June 1st.
The Saint Paul globe., 1905-04-29

In re Estate of Jane Robbins, deceased,
Charles A. Turner Respondent, VS..
The Saint Paul globe., 1905-04-29
ibbons

s to inches wide, in Plaids Satin
Taffetas, Changeable MessaIines
Warp Printed Novelties and a great
variety of stripes and Dolly Warden
effects, suitable for girdles, sashes
and millinery, and Saturday we viii
sell $1-25 a yard quality Hno
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-06-10
Germany's Textile Schools.

Beginning with schools to teach
spinning by hand in the eighteenth
century, Germany has continued to i'm
prove the instruction in textile indus
try offered to its people with every ad-
vance of practical science as applied
10 weaving and spinning. Textile
schools, where the manipulation of the
most intricate machinery is taught. are
now found all over the empire, and it
IS held by some persons that they con-
stltute the main pillar by virtue of
which the German textile industry
maintains its competitive power in for
elgn markets The courses of instruc-
ton are frequently revised, and every
ming Is kept up on scientific basis
Youths Companion.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-06-10
NOTICE TO CONTRACTORS.

Bids will be received for the i'm
provement of the Mechanical Engin-
eering building of the Washington
Agricultural COLLEGE and School of
Science up to June 10 at 9 o'clock a.
M, according to the plans and specifi-
cations on file in the office of the Pres
ident of the College. Bids should be
accompanied by certified check for
$4,000 guarantee of good faith on part
of the bidder to enter into contract in
accordance with his bid and the plans
and specifications. This improvement
involves the building of second story
of brick on the present Mechanical
Building and other improvements.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-06-10
"a Great Compliment. -

The heirs of Richard Wagner have
neen granted an injunction to prevent
the use of the title Benz Parsifal motor
car, and this will in future be known
simply as the Benz car. Motoring is
astonished at the decision. and consid-
ers II "a great compliment to the mas
ter musician that the title of a motor
car should have been borrowed from
one of his finest composltions!"-Chi-
cago Tribune.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-06-10
STRANGE FATALITY.
GOVERNS CRIMINALS IN THEIR
VIOLATIONS OF Law.
II Successful IN One Kind Of "yob"
the MalefAStor Usually et1cks
to That One Line OF
Business"


Criminals seem TO be the strongest
kind OF fatalists," remarked Judge Men
the other day. Judge Nef Is widely
known az an authority on crininology,
and his long experience as prosecutor.
Judge and lawyer has given him un-
usual opportunity OF studying sc4en-
tifcally the csuses and characteristics
OF crime. says the Cleveland Plain
Dealer
II have noticed that when a GRIM
tnA is arrested after finishing one
sentence, the second charge Is genAr-
ally the result of crime almost ex-
actly the same a. the one which first
got him into trouble. II seems like a
strange kind Of fatality I've known
instances where one criminal has been
arrested and punished five or six
times on charges exactly the same.
What makes them do It? I'm sure
l cannot explain It very satisfactorily.
but | know IL to be the case. It has
occurred to me, and possibly this IL
the simplest explanation. that the
reason for q criminal adhering strictly
to one line Of work despite his in
different success in it, is the same as
the fascination which holds a gambler
to table, although the luck is
against him Each failure, or each
loss shows victim poinA that he
has hitherto been ignorant Of. and IL
is easy to convince himself that, next
time, he will escape that mistake
And 30 1t goes Ever the next
time, just one more chance and then
another, ever confident that the luck
must change and that each turn of
the wheel leaves him just that much
better equipped and that much more
likely to win, finally. Then there is
the desperation, the unconscious and
gritty determination 90 make a sue
cess OF the thing.
"A man becomes criminal In the
eyes OF the law when he has commit
ted crime, or, In his parlance, when
he has done a job II he Is success
full. the chances are he will stick TO
that line OF work, for experience has
taught him the safety OF 1t. II he
fail. and Is arrested, convicted and
punished, the process Of the law sim
ply goes to show him wherein his
FIRST Job was bungling and poorly car
ried out The first feeling OF resigna-
ton that follows the bitterness OF
punishment is when he tells himself
that next time he will not repeat the
error which led to his detection on the
present occasion. No sooner is he out
OF the penitentiary than he essays
again to try his luck, this time care
fully avoiding the mistake which first
brought him to grief.
1T Is well-known fact thst mn
criminal, no matter how expert or
how daring. can cover up all his
tracks. The very best OF them will
leave at least one loophole. will COM
NIT at least one error which eyentu-
ally fastens the guilt on him. The
poorer criminals leave clews accord
Ing to their skill or experience. So
our imaginary crook, the second time
he plans a job, while he carefully
avoids repetition OF his first error,
is almost sure to make some other
one. And so on, each succeeding
crime and detection pointing out TO
him the lines OF his weakness. so that
he is irresistibly led onward to his de-
struction."
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-06-10
HOW He Got In

Church-Did your friend get into the
Four Hundred?
Gotham-Well, he got into a few ~
them to the extent of several thousand
dollars!-Yonkers Statesman.
Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-06-10
Warranted.

Innocent-Is your antique bracelet
authentic7
Parvenu-Oh, yes! 1t was taken from
the arm OF the Venus de Milo, I am
tolc.-Detroit Free Press.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
GLASS FACTORIES
RESUME OPERATIONS

Ever since the meeting Of the
glass manufacturers at fLantle
City somesweeks past there haf been
more or less Of a strained relation
ship between the employers and the
workers, until the amalgamated wage
scale which proved satisfactory tenn
porariIy at least, to both parties, was
signed last week. At the present
time there is -a,-renewed activity IN
the glass. industry. The Co-opera-
work Saturday. Sept 2, and the
West Fork plant resumes operations
on the 18Th of September The
Peerless and Lafayette are still nm
dergoing improvements and rep ,'rs.
bnt are expected to begin operations
in a very short while. Both Adams
ton and West Fork start IN on short
blowings.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
SUVD SCHOOL
INSTITUTE FINE

The Sunday school institute held
in the Methodist church, at Adams
ton. Thursday night by Coal and
Clark districts. was quite successful.
4 very fair audience attended from
Clarksburg. Adamston and ylelnlN
and enioved the exercises.
Rev. J. Walter Duncan offered
PRAYER and Harvey w. Hammer.
president. presided. Secretary Paul
Flanagan kept record of the pro
ceedings. -.
Splendid addresses were made 6y
Revs. s. X. Artnthnot and II. d.
richardson. Rev. l.. e. Peters,
whose name was on the program, was
not there. being detained on his way
from Harrisville by the wreck at
Adamstnn.
uaryev W. Harmer was re-eleet-
cd president, and Paul Flanagan was
named again rs Secretary and treas
nrer LLOYD w. Garrett, Lloyd Mar
lin and III. G. Richardson, ineludtns
fhe officers. were elected an executive
committee. .o,n
made his annual report, which was
nm excellent one, showing CONSIDER
ably over 900 Sunday school schol-
ars enrolled in the nineteen dIflcr-
ent Sunday schools of the two aus
tricts.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
THEATRE SEASON
SOON TO BEGIN

When tho patrons Of the Traders
Grand Opera House assemble the
opening night they will hardly
recognize the fnvorite place OF
so thoroughly has it been
renovated. The entire inside has
been cleaned, rpaintd, and decorate
ed. the floor scrubbed four times,
seais cleaned and re-oiled, new car
pets and every piece OF scenery re-
painted.
Mr.. II. Robinson, of Wheeling:
who will be the local manager for
Feinlcr. proprietor of the Grand
opera house at Wheeling, is the man
responsible for the change and II Is
his intention to still improve the
house with the assistance OF the
theaterrocrs, until il is as near per-
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
GHTG0LL TSON AT ADAMS ON in one HORRIBLE DE-
sI5EB0I ON s.
PURE MEX

The discovery that formald ehyde,
OF something else, is being used by
some of the local dairylncn IN. milk
to preserve its sweetness has stirred
up considerable interest not only
among the milkmen but the consum-
ers as we'll
Upton Sidebottom, of the Shady
Grove dairy, was in the city this
morning, and in conversation about
the matter said that he has never
used any thing of the kind or any
thing else in the milk from his dairy
hut delivers it as it comes from the
COWS. He allows the milk to run
over a cooler first to take out the ami
nal heat. and then delivers it direct
to his patrons. :,
During the hot weather the milk
occasionally sours, as every one else,s.
will unless something IS put In 1t:
md he has never had any complaint
except as to the occasional sourness
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25

The speed of Texas and West Virs
gi1lia courts is being tested in a race.
for divorce now going on between
Lewis G.. Lawson, formerly of this
place. but now of Eel Paso. Texas,
aud Ida a. Lawson, of Morgantown
this state. BY the ruling of Judge
John w. Mason in special session at
AIoreantown Thursday afternoon
West Virginia is now in the lead.
Mr.. Lawson andlhis wife have not
lived together for several years. He
sent his family to Morgantown. OF
at least they went there from tllis
city several years ago, where the
children are being educated. 8lr.
lawson remained here year OF
more and Then went to Ann Arbors
Mich. where he took u POSTCARD
uate course. and at present he is en-
gagged IA the practice of law at ,El
Paso, Texas, from which place he
recently came here presumably to
look into the troubles of the defunct
Eureka Loan & Building Associa
ton, whose attorney he once was
but in reality to look after the dl-
ycTce suit Dispositions have been
taken here since then from time u
ti4l5e and the ruling at A4otgl1It @
followed.
1t appears that some time ago. Mr.
lawson obtained a divorce IN Texas
without the knowledge of Mrs. Law
son. When Mrs. Lawson heard OF
If. she sent attorneys to Texas and
had the decree set aside on the
GROUND that the attorney who pre-
tended to represent her had no aE-
thoritv to do so. She then brought
a suit for divorce in the court at
NIoreantown and her husband began
the prosecution of new suit IN
Texas.
Then began desperate race, the
prize being a possible large alimony
allowance in this state, for Mr. Law
son is welltodo and has valuable
property holdings in West Virginia,
The Texas court at which the suit
could mature will convene on the
same dav that the term at which the
suit at MorgaI1town will mature.
Mr.. Lawson e attorneys made
vigorous fight to have the suit at
Norrantown abated until the Texas
suit can be determined, but Judge
Mason overruled the motion and or
dered the defendant to file ms ans
wcr BY the 4th of September: The
advantage this Jurisdiction has IS
thnt the Morgantown suit Is IN
comfy. while in Texas it must be
tried by jury. Mrs. Lawson will
probably win by a nose.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
SAD MESSAGE
IS RECEIVED.

Relatives here received tele-
graph message Thursday evening
from Dubois, Pa, stating that Mrs.
Wesley r. Potts, of Grove Summit.
Pa, was dying. Mrs. Potts is a sis
ter of r.. p. Groves and an aunt Of
Norman ]. Groves, of this city. The
message was a very sad one as they
did not know that she had been sick
and the last time they heard from
her she was enjoying the best of
health. It did not state the nature
of her illness.
A message was received about nine
o'clock Friday morning announcing
the death Of Mrs. Potts. r. p.
Groves left on the early morning
train and was enroute to Grove
Summit, when Mrs. Potts died.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
MISS SMITH
PLEASANTLY ENTERTAIAS

In spite Of the inclemency Of the
weather last evening a number OF ut.
lie friends of Miss Persis Smith
we're entertained by her in the West
End. Refreshments consisting OF
l,yl,icb The children enjoyed good
Old ronp. Among those present
,y ,s1 Gene Mcclure, Nellie Hursey
Edna and Minnie Griffith, Eva
shinn, Lena Post, Bess, Hazel and
Hattie Good, Genevieve and Geral-
dine skidmore, Lutte Craig, Gene
We've Chidester, Bernard smith:
Foster Slceth, Stuart Horn e;, r.sl l q
Cbidester and Ulysses Skidmore,
Among the solder children" we not
"a John T. Griffin, Thos. Patton,
MIR Gregg, Mrs. Slzidmore, Mrs.
Hornor and Mrs. Craig. All LETT
declaring they had spent q delight
full evening.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
FOKS Rial
WILL BEGIN
TONIGHT

The committee appointed by
Mavor Shields to investigate charges
preferred by s. r. Bentley against
Policeman ". r. Fox, who stands
suspended. pending the Investigation
viii meet tonight at 8 O'Clock in the
council Chamber to begin the inyes-
figation. Tie committee Is COM
posed Of Councilmen NJ. j. Nc
Andrew. l. NJ. Kelley, Ellsworth
Cork, James n. Hess and John b.
Smith.
Mr.. Bentley's charges are as fol-
lows:
s.Belieying that every citizen OF
Clarksburg is equally interested:
with yourselves, in the efficiency OF
the city police force, desire to pre-
fer charges against Officer w. u.
Fox for cruelty and wilful neglect
Of his official power. On Tuesday
the 18th day of August, 1903, Of
.fieer Fox was guilty in my presence
Of wanton and unnecessary cruelty
towards a prisoner than in his GUS
todv on the public streets of the city.
Ills conduct being disgrace to the
.itv. l then and there expressed my
opinion of his conduct, and was mn
mediately placed under arrest by
him in a harsh and abusive manner
without any lawful cause whatever.
When placed under arrest slgnl-
fed my Willingness to accompany
him to tie proper authorities, but
the unnecessary force used by hun
was such that | still bear the MARKS
of ii upon my person.
81 feel warranted in prefering
these charges, not only by reason ~
the occurrence above stated, which
alone would be sufficient IL JUSTLY
dismissal. but by reason Of offer
acts Or cruelty pn his anl:t So 'ft4n
repeated as to l,e r inattsr Of Puoifc'
,ilflifi. ATessrs. Camden SoImners
j. ". Williams, Dorsey Potter.
Fred Cole and others, whose names.
can be furnished, can supply proof
of his disgraceful inhumanity,
eGThis matter has been reported
nv me to the chief of police. whose
only comment was that had he been
in lie place of Officer Fox, at the
time above mentioned. he would
have Knocked my face off with his
racc. the proprietv OF which remark
IN the part of the officer response
lie for the good conduct OF the CITY
rs we'll as the conduct of the ponce,
force. may be submitted without
argument.
SsFcelinr as ] do that the public
interest Of The city demands an IN
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
ALIVE
IS THE CLAIM

James Stout, reported to have
been killed by his partner, Alden Ice,
at Cleveland. Oklahoma, where they
built a large hotel, is said to be
among the living. The killing is
denied by Ices brother at Smith
field. who claims to have received a
telegram from Stout, denying that
he had been killed.
The friends of Alden Ice did not
believe The story. when it came out.
Ice has always beepa quiet. peace
able. well-behaycd citizen, and that
he should kill another was beyond
their comprehension.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
GITIZElSlGHOSEN
ITO COLLECT FUNDS

The committee recently appoint
ed by council, composed of l. NJ
Kelley, NJ. j. McAndrew and DIR.
w. T. Golf, to solicit subscriptions
for the dam on the West Fork river.
held meeting last night at the of
flee of /. NJ. Kelley, and unanimous
lyldccided to select one citizen from
each ward to assist in the work Of
making the collection. The follow
ing gentlemen were named: First
ward. Charles Smiley Second ward.
Robert B. Wilson; Third ward:
Owen Kraft; Fourth ward, Stuart
F. Reed; Fifth ward, Wilbur G.
Morrison.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
Lawn Party Continued

Rain prevented the lawn party
riyen by the Ladies of the Altar So
ciety of the Catholic church from be-
ing the complete success it other
wise would have been. Quite a
large number were present and pre-
pared to enjoy the occasion, but the
heavy storm forced them to seek
shelter. The fete will be continued
tonight and in the event Of bad
weather it will take place in Centen-
NAL hall,
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
New Stage Manager

W. +. Tate, formerly stage man
ager Of the Grand opern house, at
Wheeling. has charge of the paint
ing confederation Of the auditorium
and scenery of the Traders Grand
opera house. Mr.. Tate will reside
in Clarksburg this season managing
the stage and advertising depart
ments Of the opera house.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
DAUGHTERS OF POCAHONTAS
HOLD MEETING

Tic Daughters Of Pecahontas Of
Tmnroved Order of Red Men met ?,
The Pvthian building last night ana
transacted some important business
,rhev meet every Thursday nI2t't y
the Pythian hall in Glen Elk fna
noxt Thursday night all the meili7
beers and all who contemplate ul',ia'
bership are urged to be present
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-08-25
ELLIS GLENN
AT IT AGAIN

Lapccr, Mich, Aug. 25-EIlis
Glenn, arrested here today in male
attire on the charge of forgery. IS
said to be well known to the police
of a number Of cities, where she pass
cd for a man. Among these places
are FIillsboro, Ills, Williamstown,
w. Va. and Parkersburg, w. Va.