davidaulloa/AmericanStories huggingface dataset:
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08

nishing to and for said Peter Kiaer,
board, lodging care, washing and
cleaning, including nursing in sick
ness, in the family and residence of
said Sofus Christensen, said Sofus
Christensen has paid the full sum that
was due to said Peter Kiar at the time
of his death on the 1st day of ] anuary,
1905: and that said Sofus Christensen
is now indebted upon said contracts in
the sum of $3.50, with interest thereon
at the rate of six per cent per annum
from the 1st day of January, 1895,
payable at the times and according to
the terms and conditions set forth in
said Exhibit 2.
Fourth: That the first and fourth
paragraphs of the will of Peter Kiaer
as set forth in the twelfth paragraph OF
the plaintiffs complaint, are valid,
but the second and the third para
graphs thereof are null and void.
Fifth: That the plaintiffs and Mar.
grethe Maria Nielsen are each entitled
to recover an undivided one-ffth o!
the entire estate of said Peter Kiaer
deceased, including the said indebted
ness of said Sofus Christensen and al
securities thereafter, subject, neverthe
less, to the payment of all just debt:
and funeral expenses of said Pete
Kiaer, deceased, and the just expenses
of the administration of his estate.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08

a Missouri schoolboy has given the
best definition of friend we have heard.
ga friend is person who knows all
about you and likes you just the same. :"
Fortunate is he who has such friends.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08
HARD FOR BOX CAR MERCHANTS
State Inspector Careful to See That
Goods are Standard.

The state food and dairy commits
sioner is busy looking after box car
merchants this week. Many farmers
and residents of the smaller towns are
laying in supplies at this season of the
year, as they have plenty of money
Just after threshing. The box car mer
chants are taking advantage of the
situationEand getting busy in various
parts of the state.
The box car merchant appears in
the neighborhOOd takes orders for
goods enough to make a carload, which
is then shipped in and delivered. A law
passed by the last Legislature gives the
dairy and food inspectors authority to
open and examine such shipments and
in case illegal articles are found to
notify the consignee. One merchant
recently shipped the goods under tic-
titOus names and about fifty letters
from the department notifying con-
signees of the character of the goods
we're returned because the postmaster
could find no one to whom the letters
should be delivered.
The department through its inspect
ors had one box car merchant arrested
at Elroy last Tuesday and released on
5000 bonds. One inspector was sent to
Austin last Tuesday night and another
to Clinton, where shipments were
scheduled to arrive.
"We are not making it a point to
drive them out Of the business" said
commissioner E. K. Slater. "All we
want is that the box car merchants
live up to the same requirements as we
place upon the retail dealers and that
they deliver the same goods as the
samples they show.
Groceries are generally handled by
the box car merchants, but they often
sell dry goods and sundries. The food
department is not concerned with any
thing except food products. however.
/ A Missouri schOolboy has given the
best definition of friend we have heard.
ga friend is person who knows all
4 about you and likes you just the same. .
Fortunate is he who has such friends
Our big line of Toilet articles ir
silver. ebony. stag and cocobolo, are
also here come in and look at them
HAUBRICH, the Jeweler and Optician
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08
COURT REVOKES KIAER WILL
Joint Will Held to be Valid by
Judge Weber.
Husband Cannot Revoke Wife's
Ante Mortem Contract.
Decision Sets Precedent in Joint
Will Contests in State.

Judge Weber has handed down a
decision in the will case affecting the
heirs of Peter and Maria Kiaer sus-
tanning the plaintiffs contention that
the Joint will made by the husband and
wife could not be abrogated by the
husband and the provisions of the for
1ner set aside and a new and different
distribution of the property made by
the latter taking effect after his death.
The case is peculiar one inasmuch
as it is as far as is known the first in
stance of the kind to come to the know
ledge of the courts in this state. Peter
kaier and his wife having no children
and being old concluded to enter into
a contract with each other by means
of a joint will devising all of their
property to certain relatives agreed
upon by both, providing in the will
that after the death of one of them the
other was to hold the property and
convert what was necessary of it to de-
fray expenses and at the time of the
death of the survivor all that remained
of the property was to revert to the
legatees named in the will to which
they were both party.
Mrs. Kiaer died the year following
the making of the joint will, leaving
her husband in possession OF the
property belonging to both amounting
to nearly $1,000. Two years later the
husband sought to change the provi-
sions of the will and made d new one
naming in the new will a set of heirs
different from those in the joint will.
Hoidale & Somsen acting for the
legatees under the joint will brought
suit in the district court to determine
whether the legatees under the first in
strument were entitled to the benefits
under the joint contract or whether
the benefciaries named in the las
will we're the legal heirs of the estate
The case was decided by Judge
Weber last Tuesday and he holds
that the husband had no legal right te
set aside the contract entered into
jointly by himself and wife and tina
the property fell to the heirs named II
the joint will.
The decision is important by reason
of the fact that it is the first case of tn
kind that has come up before the court
of the state for adjudication, the onl,
point in the case being the authorit
or right of the husband to alter or alb
rogate the contract entered into wit
his wife prior to her death. The de
cision of Judge Weber is as follows
First: That the first, second an
third paragraphs of the joint will c
Peter Kiaer and Maria Christine Mao
sen Kiaer. as set forth in the fOurt
paragraph of the plaintiffs complaint
are testamentary and were revOcabl
during the lifetime of the testators.
Second: That the fourth paragraph
of said will is contractual and was il
revOcable by said Peter Kiaer by wi
after the death of Maria Christin
Madsen Kiaer and after the acceptanc
by said Peter Kiaer of the legacy mer
ton in said will.
Third: That the contracts set fort
in Exhibit 2 between said Peter Kiae
and said Sofus Christensen are vail
and binding contracts and that by ful
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08
A Disastrous Calamity.

1t is disastrous calamity, when you
lose your health, because indigestion and
constipation have sapped it away.
Prompt relief can be had in DR.. King
New Life Pills. Toey build up your di.
gestive organs, and cure headache, diz-
illness colo. constipation, etc. Guaran-
teed at o. NJ. Olsen's drug store; 25c.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08
al Thank The L0rd!''

cried Hannah Plant, of Little Rock
Ark, "lor the relief got from Bucklen's
Arnica Salve. Toured my fearful running
sores, which nothing else would heal
aud from which l had suffered for 5
years." 1t is marvellous healer for cuts,
burns and wounds. Guaranteed at O. NJ
Olseh's drug store; csc.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08
Allegro Club.

The "Alegro' is the name of must
cal club which consists of the members
of Miss Addie Olsen's class in music.
They held their first meeting last night
and rendered the following program:
Waltz .. .Kohler
Wanda Gag.
LeOla Stricken.
Violet Polka ................R OseWlS
Beauties of Paradise. .Streabbog
Laura Maneerfeld.
Boating Party ....... .... Meister
Leslie Olsen.
To the Dinner ....... Engelman
Elsa Helm.
Polka. Observation-Disclosures. Behr
Clara Winkelman
Succfs Mazurka. .......... Bachman
Olga Mueller.
March to Parnassus. ......... Schyette
Elsie Fritsche
Venetian Love Song .Nevin
Elsie Seifert
Picnic in the Woods. SartOriO
March HerOique ...... Schubert
Francis Krook.
Guessing Song Titles. ............,...
Duets with teacher.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08

yersary, ceremonies dedicatory of the
sremodeled church will be carried out.
During the past year the congregation
has expended something like $500 i'm
proving the appearance of the edifice.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08
CRAFT SHOWED Under

In Philadelphia at the election
yesterday the Peoples ticket, or
Reform ticket won by a strong
majority, insuring a continuance
of the reforms that have been in
augurated.
In New York Mcclellan won
for mayor by about 10000 and
there is talk of a contest.
Jerome's election is assured
and his victory complete.
The result of the elections as
far as is known at this time
is very encouraging for the
spirit of reform and indicates an
independence in political affairs
that is different from anything
that has ever confronted the
parties.
Ohio is still in doubt.
New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-11-08

: Miss Malick, teacher of instrument.
al music. Inquire of Mrs. Hellriegel,
sos Centre Street.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
OF
AGED EADY
TAKES PLACE

Mrs. Marian r. ShuttIeworth
wife of Benjamin F. Shuttleworth
Sr., died at their home on Wesf
Main street. at IL o'clock noon Mon
day, after an Illness of several days.
Until the past three years she had
been in perfect health and was NOT
seriously i'll many days before death
came, although the past three or four
days she had been very low with
bronchial trouble.
Mrs. Shuttleworth was born
January 2, 1885. and was a daugh-
ter of Dr. William R. Blair, of
Augusta county, Va. At the time
of her death she was 20 years, II
months and , days old.
Surviving her are her husband
five sons, two daughters and
seven grand children. The sons
are George w, Frank, Robert
and Benjamin F., all of this city
and Harry NJ, of Denver, Colorado
The daughters are Mrs. j. W. Van
dervort. of Parkersburg and Mrs
J. L. Miller, of New York. who were
al at her bedside, when she died.
Mrs. Shuttlcworth came to this
county in the summer of 1852 and
was married November z of that
year to Benjamin F. Shuttleworth,
of this city, with whom more than
half century was spent in happy
married life.
The. deceased was member of
the Methodist Episcopal church and
one of the most widely beloved resi-
dents of the. city.
The venerable husband. sons and
daughters and grandchildren have
the sympathy of the entire COM
munity in their bereavement.
Funeral arrangements have not
been made as yet.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
R. ]. PIPKIN
IS LOSING
HIS MIND.

r. ]. Pipl1in has been discharged
from the City hospital cured, as far
as his cuts and bruises go, but his
reason partially gone and his mind
almost totally wrecked as result of
the terrific beating he received at
the hands of French McClung.
As will he remembered, Pipkin
was delivering milk to a custom
or on Cain street on Sunday morn
ing, Nov. &c, when he was suddenly
SET upon by French McClung, a
colored teamster. and beaten and
kicked into insensibility. Piplin
could give no reason for the assault
having no acquaintance with Nc
Chung. and tie colored man would
give no reason for making the at
tack.
Ever since Pipkin has been lying
in the City hospital, while McClung
is in the county Jail charged with
assault and attempt to kill.
Pipkin has recovered in all re-
spects except mentally. It is with
the greatest efforts that his mind is
kept from wandering. Some OF
McClung VICIOUS DlOWS1 nave CYL
IDENTIFY unseated his reason. Wheth-
er this mental alteration will be but
temporary remains to be seen, and
at the present time the doctors are
puzzled to exactly diagnose his case.
McClung will be tried tomorrow
afternoon at one o'clock in Magis-
trate Gordon court, and he will be
confronted with his victim, to ans
wer the grave charge that is lodged
against him. Should Pipkin not
soon gain control of his mental
faculties. he viii be wreck for the
rest of his life
The situation looks very bad in
deed, both for McClung, the assail-
ant, and his unfortunate victim, Mr..
Pipkin.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
GOAL AND COKE R.R.
ABOUT DONE

Only two weeks more and the
trains of the Coal and Coke road will
run all the way through from
Charleston 10 Elkins and viii so put
Charleston III direct communication
with a large territory. There is on
" Il quarter OF mile of track to be
finished and this will be done in a
few DAYS. The officials of the Coal
and Coke are concentrating their
forces upon this gap. Two bridges
have to he erected. 1t is expected
that by two weeks from today they
can run trains through. 1t is the
intention of the officials to run but
one train through each way for a
time. The train going north will
leave Charleston about O'Clock in
the morning and will cover the dis
tance Of 1T5 miles to Elkins in about
seven hours More trains and a
faster schedule Will be run as soon
~ the track l. settled
Talbot Brothers and McCabe and
Co. are now buisily engaged in con-
-tructing the last extension of the
Morgantown and Kingwod railroad
from Kingwood to Rowlesburg, .
distance OF fifteen miles. The road
has already been completed from
Brctz to Kincwood and trains are
cunning to Reedsyillc, About five
hundred men are working to the eS-
ension to Rowlesburg.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
TRAGT let
] FOR RAILROAD

Cumberland, Nd, Dec. THE
Macarthur Bros. Co., of Chicago,
railroad contractors, who have about
completed the Wabash connecting
link here, have been awarded the
contract for the construction of 100
miles of the Deepwater road from
Norfolk west to West Virginia. The
Deepwater road, OF, as it is general
ly known, the Tidewater extension.
is controlled by the Wabash. The
contract secured by Macarthur
Bros. Co. includes twenty-one tun-
nels from $50 to $500 feet and the
entire contract must be completed
in two years. 1t is understood that
Michael Elmore who built section
of the Wabash connecting link and
who is now making the Potomac
Valley improvements, will share in
the Deepwater contract.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
CLUB ORGANIZED
BY THE TRAVELLERS.

The United Commercial Travel
ers held a regular monthly meeting
in the Smith hall Saturday night
with a good Attendance Patrick
Cole, OF the Weston Grocery Com
pany, was initiated. A United
Commercial Travellers Washington
club was organized. The object of
the club is 10 raise funds for uni
forms and defray expenses to the
Grand Council meeting in May next
in Washington, D. c. Arrange
mcnts were made for a special meet
ing and.smoker the night OF Deem
her 90.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
MEMORIAL OF ELKS
HELD SUNDAY

The Clarksburg Benevolent and
Protective Order of Elks held their
annual memorial services in the
opera house Sunday afternoon
Sunday, Dee 3, was the day fixed
by the Grand Lodge. of Ellls, upon
which day the order in every city
and town where there existed a
lodge of Elks met in sacred ses-
SION to remember the departed
brothers. The-past members of the
Clarksburg lodge, to whose memory
the brothers paid their respects
were C. Sprigg Sands, w. Ehert
Dawson, W. B. McGary, G.. Karl
Kunst, Charles j. Golf and R. T.
Lowndes, Jr.
The opera house was beautifully
decorated with the colors and sym
bols of the order, and ranged arount,
the stage on easels were the photo
graphs of the absent brothers. L
was an impressive moment when the
secretary called the roll of the de
parted ones. calling their name.
three times, bat no response.
The lodge met in their room or
Third street, from whence they
marched two abreast to the opera
house. The order of services as rem
dered at the opera house was as fol-
lows:
Quartette, "Abide With Me"
Donizettc
Mrs. Altizer, Miss Frost, Messrs-
Thorn and MINIS
Opcning ceremonies ........
Fxoltetl Ruler Shields and Lodge
Tnvocafion :. Rev. s. X. Arbuthpo'
Duet, "Thc-Lord Is My Shepherd
Passmore
Mrs. Altizer, Miss Frost
Address ... Bro. +. w. Nesbit+
- Wheeling Lodge No. %
Soi5 $780,. .......--.. Selected
Mrs. Altizer
ouartette. e'Protect Us Through
the Coming Night" .Curschmar
Mrs. Ai+iznr, Miss Frost, Messrs.
Thorn and MINIS
Closing Ceremonies. BY the Lodge
Ode, Air, "Auld Lang Syne"
.... Choir and Iodg'
Benediction. Rev. w. NJ. Hudson
Music ..... Elks Orchestra
F. W. Nesbitt, who made the prin-
cipal address, proved to be speaker
Of matchIess power, and he riyete'
the attention of his hearers from
stort to finish.
The music by the quartette an"
orchestra was beautiful and apPro-
pirate to the OCCASION
4 large audience was present o.
'he services, and from what theT
saw and heard, they realized what
qrand order the lodge of Ellls realF
IS.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
RAID MADE
IN SALEM CITY

Upon warrant duly issued by
Justice N. 5. Riley Duff & Harris
place at Salem was visited Satur-
day evening by Constable E. Fl
Rogers: He placed Thomas A
Riley under arrest and coniscated
about a car load of whiskey and
beer. Riley was brought to the
city on the evening train and taken
before the magistrate, where he
waived cxamination and gave bond
Of $500 not 70 re-engage in the bust
ness until after the next grand jury
and also bond of 800 to answer M
indictment, if one be found. The
confiscated intoxicants will be
shipped 10 this city and disposed OF
according to law.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
SHOT DOWN =
BY TROOPS

BY Associated Press.
Berlin, Germany, Dee. A dis
patch from Kieff says twenty thous-
end mutineers marched through the
streets December 8 trying to induce
The troops to Join them. The COVER
+FTTor general telephoned the use of
energetic measures against them
Finally several mutineers fired
wounding officers and several SOL
diers. The troops then fired on the
mutineers who fled. The casualties
on both sides were about 40 killed
and 800 wounded. Two hundred
mutineers SURRENDERED.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
Boys HAND
Was SHOT OFF

Lloyd Martin, aged 10 years, son
OF Marshall Martin, residing be-
tween this city and West Milford
met with very serious accident on
Saturday evening, resulting from
which his left hand had to be ampu-
tated. He had been out hunting
and upon his return home by acct
dent his shot gun exploded, inaict-
ing a fright full injury. He was
brought to st. Mary's hospital
where the amputation took place
The boy is brother of Kirk Martin
of the Union National bank.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
WEDDING COMING

Dame Rumor has it there is to be
a wedding some time this month, al
which Mr.. Dorsey IT. Parcill and
Miss S. ArelIa Martin are to be the
happy contracting parties. The
many friends Of this popular couple
await the day with happy eXpecta-
ion and join the Telegram in ex-
tending nee rtiest congratulations II
advance. The Cate of the weddinc
has not yet been announced but will
Re before Christmas, according to
the Dame.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
DANCE POSTPONED

On account of the home talent
appra, ssEhe Parvenus," tonight
Crows orchestra have decided
through courtesy to the management
Of the opera company, to postpone
heir big dance which was to have
taken place tonight until tomorrow
night, Tuesday, Dec. 5. So don't
forget the date. All are invited and
4 good time and good order is guar
anteed. New and special up-to-date
music has been arranged by Prof.
Crow, director.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
ANNUAL SERMON
TO COL09ED K. OF P.

The annual sermon TO the CoIorea
knights of 1'ythias was preached
Sunday afternoon at the Pride
.hapel. Rev. Baxter delivered an
instructive and entertaining address
The lodge. sixty strong, marched in
body to Tie church, and they pre-
sented very attractive appearance
\ large congregation was present to
witness the ceremonies and very
handsome collrcton was taken up
he proceeds being devoted to the
church and the lodge equally. The
members of the lodge have cause to
feel very proud of the. excellent
showing made by their order.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
City Hospital Notes

Dominicl Romni, of Shinnstor,
was discharged from the City hos
pital today cured. He has been If
The hospital five weeks and under
went very difficult operation for
abcess of the liver.
Misses Edna and Meta Starkey
daughters of G.. w. Starkey, resid-
ing at the Stealey addition, were nd
nittcd to tho hospital today suffer
ing with Molecular tonsilities.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
YOUNG KENNEDY
RUNS AWAY

Aubrey Kennedy, fourteen-year-
I'D son of r. NJ. Kennedy, has been
Missing since Sunday a week ago;
information comes here that he and
wo other boys were arrested and
ocl.cd up last Monday night m
Parkersburg by the city police bit
yerc released next morning. I'ae
Kennedy boy stated then that he rsn
way from home because his parents
,ould not let him quit school. Slnfe
5liat time he has not been heard
from, although telegraphic inquiry
was made of that city.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
A/Delightful Party

NJ. and Mrs. Walter Wilson en-
tartained number of friends las
evening at their charming residence
80. 454 Mechanic street. a very
pleasant evening was spent, and tho
happv guests did full justice to the
excellent dinner spread before them
Mrs. Wilson can get all kinds o
recommendations regarding he1
culinary skill from the aforesaid
guests.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-04
PROMINENT MAN
2 FOUND DEAD

BY Associated Press.
Columbus, O., Dec Ellison
Guthrie Waite, aged % years, resid-
ing in East Broad street, was found
dead in his bed Sunday, having suf-
fered stroke of apoPleXy. Mr.
Waite was son of the late C. G
Waite, and grandson of Chief jus
tice Waite. of the United States SUI
preme Court. At the time of his
death he was assistant superintend-
ont at the Case Manufacturing Co.