davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

and eXcommunicatcd. ought to be taken
of the whole multitude OF the faithful, as
an heather and publican. until he b.
openly reconciled by penance, and receiv-
ed into tn" church by a Judge that hath
authority thcrcunto.'
The irnucndo to which counsel for the
defendant objects thus appears to. have
been suggested by and based upon an ar
ticle of religion established by the church
of which the complainant William IL.
Gardiner and the persons to whom tn"
writing is alleged to have been read werr
members. 1t tends to explain the nature
and consequence of communication,
but does not add to or change the words
previously set out. 1t does not appear
from the allegations in the incident, it is
true that the cause of the eXcommuni-
cation was stated in the writing published
by the defendant to have been for g open
denunciation of the church." 1t does not
appear that any cause for the alleged eX-
communication was specified in that writ
ing, or that the parishioners to whom the
statement was read had any. other infor-
nation upon the subject than that con-
VcSeu TO them Dy tI1lS statement lneE
were thereby informed in effect that VIII
liam H. Gardiner had been publicly eX-
communicated from the church by de-
cree of the bishop of the diocese of Maine.
and it cannot be lightly assumed that
communication for any adequate cause,
from church of the historic polty aud
revered traditions of the Protestant Epls-
copal church of America would have no
tendency either to expose him to contempt
or ridicule or to deprive him of the ben
eft of public confidence and social inter
course. 1t is the opinion of the court
that such communication would have
tendency to effect. in some appreciable
degree his standing and reputation in the
community with respect to some of the
| consequences specified in the statutory
definition of libel and that a false accusa-
ton of it publicly made would have a nat
ural tendency to provoke him to wrath.
The entry must therefore be,
Exceptions overruled.
Demurrer overruled
Indictment adiudged good.
| Reed Dec I'D. 1905.
\
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

a. Neal vs. Daniel r. Kendall. Re
script by Emery, j.
1-EXceptionS to n ruling cannot be Sus
tanned merely because the ruling, viewed
as an academic proposition, was crronc-
Gus. II must further be made to appear
in the bill of exceptions that the ruling
was also prcjudcial to the excepting
party's case.
"A bill of exceptions to II refusal to
give a requested instruction based on Il
factual hypothesis must show in itself.
or by express reference, that there ,Was
evidence in support of the hypothesis:
otherwise the court cannot know that the
excepting party was preiudccd by the
refusal even though the legal proposition
contained in the request was correctly
stated.
3-Whether a statement in a bill of eX-
captions that THE evidence upon the mo-
ton for a now trial if printed may he re-
fcrred to. to illustrate and explain the
exceptions" sufficiently makes the report
Of the evidence part of the bill OF cX
ceptions. Querc
Ain this case. as to the requests based
on factual hypothesis. it does not appear
from the bill of exceptions that there
was any evidence in support of the by
potheses and hence these exceptions must
be overruled..
5-Where the declaration alleges that
the defendants team ran into the plain
tiff's team. and the proof is that both
teams were in metiea~up to the instant
of collision. the fact that the defend
ants team was much slower in motion
than the team of the plaintiff does not
constitute a fatal variance between the
allegation and the proof
6-To sustain n common law action
based on the negligence of the defendant,
it is not necessary to prove that the de-
PENDANTS negligence was the sole cause
of the plaintiffs injury.
Exceptions overruled.
Reed. Dec. Esd, 1906.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

Hon. A. S. Leonard of Milo has re-
ceived the appointment of State deputy
of the Maccabecs of Maine. Mr.. Leon
ard has always been an active member
of the order and his appointment will
meet with the endorsement of nearly
all of the tents. The supreme trustees
thought it wiser to employ a Maine
man rather than one from the West. as
was first decided upon. The Milo Mac
cabees, which is one of the largest tents
in the State, will give a reception to
the new State deputy Friday evening of
this week. S. c. c. Ward, the retiring
State deputy, has been invited to at
tend.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
The Alphabet in Russian,

After eight years Of labor, says the
Nuova Autoligia the definite results of
the recent general census Of the Russian
people are finally made public. This CEN
gus. completed on the 18th Of January,
1897. is the first undertaken on u modern
and strictly scientific basis in the domin-
ions Of the car. Now that awaited
figures stand before us. one may see that
the predictions of the most hopeless PES
simists who have never stnted in their
predictions have Gas uSuaD fallen far
short of the truth. Through the agency
of its central committee on statistics
Russia openly confcsses that out of the
entire population examined for The CEN
sus. numbering 126.5S6.525 persons of both
sexes Excluding Finns) exactly 5000. 4;,6
are illterate
When ii is remembered that the annual
increase in the population from 1897 to
1893 is, in round numbers, 100000, one
may infer without fear of arrest. that at
tn" present day there are more than 1OO :
100000 inhabitants of Russia who cannot
read or write
Out of the 26269,5S5 Russian persons of
Doth sexes who have managed to acquire
scholastic training, or by hook or crook
nave learned at least to read and write
anly 1Ol,321 hold academic degrees: 90 g4S
nave attended q high school or other in
stitiItion of secondary education. - All aro
graduates of military schools: ana 10 ' Or
have. received elementary Instruction in
the 3our classes of the conan IN schcoIs
y these figures be added up. in is seq,
tndt the sum total of Russian ,.tIcation
IS represented today by 1.349ss7 persons If
poth seXes-that is, by only about one ner
cent OF the whole population In short
RUSSIA IS not drowned in the "A. B. C.'s.
It has been suggested in England that
hA Il.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

Of Samuel T.. Dclano, shall continue to
remain in their hands until Samuels
youngest child shall arrive at the age OF
Il years. or whether there shall be paid
to each child as he arrives ut that age his
proportion of the estate then remaining.
We gather from the language of the
will, read in the light of attendant cir
cumStanceS, that the tcstators primary
purpose was that Iris sor Samuel should
be maintained out of it during life. This
purpose has been accomplished, Samuel
being now deceased. The teStator's sec
ondary purpose was that each of Sam
uclS children should be supported and
educated out of the remaining estate IN
til his arrival ut u years of age. Each
child the youngest as we'll IS the Oldest.
was thus to be supported and educated
out Of the remaining estate even to its
exhaustion. The Request to the children
direct was only of the residue after all
the children had received the support and
education provided for them in the will.
1t is clear that to accomplish the pur-
pose above stated the estate must remain
in the hands of the trustees until tho
youngest child shall arrive Of age. This
was the decision Of the justice hearing
the ease and We think it was correct
The decree appealed from is affirmed.
Reed. Dec. %. 1906
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

Life ms. Co. vs.. Chas. H. Collamorc ct
al Rescripc by Emery, j.
Ito constitute gift inter vivos OF
of possession under circumstances indicat-
ing an intention thereby to ut once trans
fer title as well as possession irrcvocably.
Enclosing the article in a sealed envelope
and handing the package tie another with
instructions to keep but not to open it
until after the death of the Jepositor
does not indicate such intention.
PA declaration of trust to be effective
must be explicit absolute and complete
vesting the equitable title in the benefic-
iary at once, though the transfer of the
legal title may be deferred till the hap
rcning of some event sure to happen, as
the death of the dcclarant. If the trans
fer of the legal title Is to be contingent
on an event which though expected may
not happen, the declaration is ineffective.
Thus n declaration made in contemplation
of suicide and to direct the disposition OF
the property after death by suicide. is
Intellectual since the intention to commit
suicide may be abandoned.
3-Tha evidence in this case does not
satisfy the court that the property in tho
insurance policy in question was effec-
lively transferred either by delivery or
by n declaration of trust.
Bill sustained and a decree to be made
that the money due on the policy of life
insurance the subject matter of this suit.
be paid 10 the respondent. Josie Cola
more, Admx. of estate Of Ellison c. Col
lamore, deceased as belonging to his es-
tate, less the costs and reasonable coun-
sci fees of the plaintiff TO be fixed in the
decree by n single justice.
Reed Dec % 1905
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

The Christmas tree which was given
for the benefit of the poor children OF
the city Saturday evening, at the
Friends chapel on Capitol street, was 4
complete success. The tree was loaded
with presents and a hundred of the lit
tie ones were made happy by the re-
ceipt of a Christmas Eift. Mrs. ]. +.
Dearborn, one of the ladies in charge
of the movement. wishes to extend
thanks to those who SO generously con-
tributed to the success of the occasion.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
Clear the Way.

The mission of early Risers'' 70 IN
clear the way and give Nature full SWAY
and bowels of all putrid matter time rai
moving the causes of headache. consti.
patton. sallow complexion, etc. Dewitt.
Little Early Risers never grippe or sicl<'
en-. a safe. pleasant. perfect dill. Marr
Hamilton, hotel clerk at Valley city, N.
Little Pills cured me OF chronic coristins !.
ton" ee1d by BowditcAs Webster = Is.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
Keep Yourself Strong

And you will ward off colds. pneumo-
mia, fevers and other diseases. You
need to have pure. rich blood and good
digestion. Hoods Sarsaparilia makes
the blood rich and pure as no other
medicine can do. 1t tones the stomach,
creates an appetite and invigorates
the whole system. You will be wise to
begin taking it now, for 1t will keep
you strong and well.
Hoods Pills are non-irritating. Price
CSC. - 49, N.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

The members of Capital Grange held
a most successful meeting Saturday
evening, at which a large number of
them were present. The Third and
Fourth degrees were worked on several
candidates and the work was followed
by the service of cake and coffee 1t
was a most enjoyable occasion.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

Mrs. Levi Roderick fell at her home
on Willow street Sunday afternoon
while down cellar and sustained COLES
fracture of the right wrist. The frac-
ture was reduced by surgeon, and
yesterday Mrs. Roderick was reported
to be as comfortable as could be ex-
pected.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
Exceptions Overruled.
Reed. Dec. sd, 1905.

CUMBERLAND COCNTY-Georgc E.
Hughes ct al, IT,, VS.. Agnes M. Good
win ct ais. Rescript by Emery. J.
The question is whether under the 18TH
item in the will of Benjamin Delano the
estate remaining in the hands OF the
trustees under that item after the death
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
One Minute Couch Cure

Don't drug the stomach to cure a cough
ONE Minute Cough Cure cuts the mucous
draws the Inflammation out Of the throat
lungs and bronchial tubes heals. soothcS
and cures. A quick cure for Croun and
Mhooping Cough. Sold by Bowditch.
Webster & Co. "u''oi''
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
Cards Of thanks, obituary notices 70,

olutions of respect, etc, will be
charged at the rate Of ten cents nor
line. No charge less than as cents
All advertising announcements Of en-.
tertainments, whose object is the
raising of money, VIII be charged at
the rate of fifteen cents a fine.
Advertising notices, news form, willb.
excluded from our local columns, ex-
cept such as refer TO advertisers oc-
cupying space in our advertising
columns. and will be run under a
separate head on one Of the local
pages. arn.u
Subscribers who fail to receive the
Journal promptly will confer a favor
by notifying the office immediately.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

During the holiday recess repairs and
improvements are being made at the
CCny High school. The floors in several
of the halls and recitation rooms are
being revarnshed and other needed re-
pairs are being effected, so that the
building will be spick and span when
tine students return TO their books after
vacatio
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

What will probably be the last deer
to be received in the city this winter
came down on train No. 102 Saturday
1t was a handsome buck,
and was billed to E. S. Clifford of this
city. The deer was shipped from Lud-
low.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
Hoarseness cured by Lung Kuro.
LOCAL NOTICES.
For Christmas.

Five varieties of ported plants 10
bloom, handsome ferns. holly and ho.is
wreaths. All sorts of seasonable CT.
flowers. Send your orders early e
D. Hartshorn, 80 Western avenue
Tel. 1873. @ dec19du'
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

LINCOLN COUNTRYSIDE VS.. Robert W.
Plant. Rescrpt by Whitehouse j.
This is an indictment against the re-
spondent for reading and publishing a GER
tain letter alleged to have been written
by Robert Goldman. stating that William
II. Gardiner of Camden had been eXcom-
municated from st. Johns parish of the
Protestant Episcopal church in Dresden.
The material allegations in the indict-
ment are in substance the same as in the
indictment against Robert Goldman for
causing the alleged libel to be published.
The case also comes to the law court on
exceptions to the overruling of the de-
PENDANTS demurrer For the reasons Civ
en- in the opinion in State VS.. Goldman,
the entry in this case must also be
Exceptions crerruled.
Demurrer overrulesirbs
Indictment adiudged good.
Reed. Dec. Sd. 100.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

Mr.. and Mrs. James Stone. Cedar
street, are the parents of a fine boy
baby weighing nine pounds. The young
man was born Saturday morning
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

One old soldier was the only occupant
of the police station Saturday morning
and he was allowed to go.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

There will be no issue of the Journal.
Tuesday morning. and the Journal
office will be closed, today.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
MATTERS,
journal Telephone Call, 13s.

Here's hoping that your Christmas
may be most happy one.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

Potted ferns In variety. also -"
cut flowers at Ben Venue Floral Par
nrs q State street. Novll0o
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

It mas been suggested in England that
motor cars should be provided with cow
chtchers and the suggestion is favorabIv
received outside of automobile circles
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
FOR SALE

Robes HAVE A FEW
very nice, genuine. very large, dark col
cred and very nicely iurrcd. The best
robe ever used for warmth and durability
Just the robe for a doctor. / also have
FUR buffalo coats at a very reasonable
price j. II. Bond, 81 Free ST., Portland.
Me. d23dSts
A WOLF ROBE AND A BUFFALO
robe Inquire at Chas. H. Whites coal
office d21dtf
A BAY MARE, WEIGHS 1850, 8
years old, sound and smooth. will road 10
miles an hour and will work double or
single. Inquire at E. Locke's grocery
store, Augusta, Me. decl2dtf
HARD AND SOFT WOOD, FOUR
foot lengths or fitted. Delivered in cord
lots. Telephone 1851. Geo. L. Weeks.
aug22dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
New Advertisements Today.

Wantcd-Cook and waitress.
For sale-Engine and boiler.
To Let-convenient tenement.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

BUSINESS CHANCES

FOR SALE-$s00o-THIS PRICE
represents one of the best located. strict
1y tirSt-clasS variety stores in Boston;
successfully carried on 10 years. Expect
ing to engage in this line of business l
would convince you by IEdisputable evi-
dencc this store is capable of making
$500 for owner. 0. a. WARD,
L School Street, Boston.
do1dlws
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

KNOX coUNrY-Northwestern Mutual
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
WANTED
A HEALTHY. INTELLIGENT YOUNG

woman. tactful and fond of small chill
dren, for helper with babies in private
family. Only those willing to give time
and close attention to work need apply
Wages 500 for capable person. Write to
S. s.. Care of Kennebec Journal, Augusta.
Maine d23dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

APPLE BARRELS AT w. S. TOBEY'S
mill, Branch Mills, Me. Il. AZ Albion.
d19d3ws
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
FOR SALE

A, SMALL PRINTING OFFICE, CON-
sistirg of one 5x7la press, foot power). 80
fonts of type. border. ornaments, three
type stands, cases, leads, wood furniture,
brass rules, etc, all in first-clasS condi-
ton. VIII be sold cheap for cash. w. n.
Redmond. Murray St, City. d23d1wf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

.ANDRosCoGGIN couNrY-charlotte
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

WOODLOT CONTAINING 200 OR
300 cords second growth hard wood Two
miles from Belgrade Depot. Inquire Of
c. A. Freeman, No. 16 High st. dec2ldSt+
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
Handed Down by Law
Court, Saturday.
sCptnan libel Case Must BE
Heard by Jury.
Case will Be Heard at April Term OIL
Court in Lincoln County.

The law court handed down the follow
ing rescripts. The first, which is an nj
dictment for criminal libel brought by
William Fl. Gardiner of Camden, against
Robert Goldman of Portland, is of especial
interest. as MIR. Goldman is bishop of the
Episcopal diocese of Maine:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

GROUND GREEN BONES, TO MAKE
your hens lay while eggs are high. Casa
want &, Cloutier Co., Sc Water st.
nov29dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25
ONE PEN OF BUFF r. l. RED

nullcts now laying. one pen Of year Olds,
laying. one pen of barred rocks, three w.
Wyandotte pullets, two cockercls. fine
breed. Apply TO L. l.. Worcester, Market
Gardener, Augusta. d22d1W+
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

THE ALLEN LAMRARD HOME.
stead in this city. Very large lot. fine old
mouse, excellent stable, beautiful shade
trees. Bargain. c. s. Hichborn july3Odtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

THE RESIDENCE OF THE LATE
James w. Welch. 1923 State street. For
particulars. inquire of Miss WEIGH, or c.
8. Fogg, 6 Summer street. june15dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

CAPABLE GIRL FOR GENERAL
Homework. No washing or ironing. APP
Ply to Mrs. C. 3. Murphy 10 So. Chestnut
street. decl9dtt
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

power. Secondhand one. if in good con-
dition and all right, will answer. Write
terms and description to c. II. Randall,
China, Maine. d1Sdlm
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

AN IMMENSE STOCK OF GENTLE
mems fur coats. the largest In the city
+. E. Davis & Co, Augusta. n3dtf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-12-25

THE PUBLIC TO KNOW THAT THE
Hartford House stable Is in charge Of
Arthur HARDWOOD, who is prepared to do
horse clipping Also horses boarded and
handled at reasonable rates. Stalls to
let Transient feeding. Best of refer
ences given. novlOdtf
The Washington times., 1905-09-27
POST MASTERS WANT
PNEUMATIC TUBES
First-Class Rank, Conferring at Dayton,
Ohio, This Week, Urge Extension.
More Men.

Nearly every first-class postmaster IN
the United States is in Dayton. Ohio, to-
day, and VIII be the remainder of the
week. discussing affairs e The big pest
Offices OF the n1isnI.
Among one uf the subjects which will
hs. taken up ala thoroughly -hrashed
out will be the extension of the pnue-
matte tube service. Several of The larger
cities of the country are making an
earnest fight to have the system INSTALL
ed where it Is not now existing and ex-
tended where already in service.
Several of the postmasters have been
abroad studying postal methods there
It is understood that comparisons will
be made at the convention of Uncle
Sans system with that of other lands
An increase in the force Of employees
given 10 the large cities is almost sure
to be iidorsed-
w. z. Cochran. purchasing agent. and
w. j. Vickery, chief inspector, will rep
resent the Postoff1ce Department 1T the
convention.
The Washington times., 1905-09-27

VIII sell for $1,000 cash and $50 per month. un-
usually wide house Of brown stone and brick; hot
water heat; electric gas lighting: section
of the northwest. Investigate this bargain
The Washington times., 1905-09-27
LADIES' DRILL TEAM
SEEING WASHINGTON
Women of San Francisco l. O. D. F. Visit Public Build
lngS-Wi Give an Exhibition-Entertainmen Ar
ranged for Visitors in Odd Fellows Hail.

Under the guidance of several Odd
Fellows, appointed as guides. to the
great envy of their fellows, Rebekah
Drlll Team, No. ], ]. o. o. F., of San
francisco, arrived in this city yester-
Day afternoon from Philadelphia, and
were this morning piloted through near
ly all the Government buildings.
They left their hotel at 10 o'clock,
ana accompanied by their guides and
several friends. went to the Treasury
Department, after which they went to
the White House AT the White House
office they received the necessary tick
cts to admit them to all buildings. and
then made a thorough tour of the
Treasury Department. the State, War,
and Navy, and also the White House.
The Monument also received a visit from