davidaulloa/AmericanStories huggingface dataset:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-12-18
IMPORTANT GASE
IS DECIDED ! q. j.
Jury FOUND VERDICT FOR TRAc.
TIoN COMPANY IN NOTED
SUIT LAST WEEK.

A rather important case was tried
in the Circuit Court last week, the
jury returning verdict on Saturday
morning.
This was an action brought by Ed
ward Abbott Beard, resident Of
Maryland, against the Fairmont and
Clarksburg Traction Company. Mr..
Beard claimed that he had taken pas
sage on a car Of the Fairmont and
Ciarksburg Traction Company at Mo
nongah on the morning of the Fourth
of July, 1905, in order to go to Fair
mont: that before reaching Fairmont,
the car was filed with passengers,
there being over ninety passengers
ON the car; that after the car left
Green street on Locust avenue, for
some reason, 1t got beyond the con-
troll of the motorman ana ran down
the hill from Green street to Coal run,
and there jumped the track. Between
the curve at Patrick Gettings' stable
and Coal run, Mr.. Beard jumped out
of the car through window and lit
on the paved street, and in SO doing
injured and sprained his right ankle.
and that as result of such injury and
sprain, Mr.. Beard claimed that he had
been permanently injured. He brought
suit against the Fairmont and Clarks.
burg Traction Company TO recover the
sum of ten thousand dollars as dam.
ages for the injuries sustained by
him.
On the trial Of the case It was prov.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-12-18


La tie eject tliai K The at pf ihe
Iniaintiff ID jumping thfough TIE ~
window while the ear Va s AZ motion
wa that oi IN rSlinafily prudent and
Il careful man, and that In so jumpi1g
Inc only did what ordinarily prudent
ana careful persons would do under
Ike situation, then he was entitled
10 recover, but II his act in so jump
ling was not that of an ordinarily prtl-
dent and careful man, and that ordi-
narily prudent and careful persons in
like situation would not have jump
ed through the car window, then the
plaintiff could not recover.
The jury after receiving instruc.
lions from the court and hearing the
argument Of counsel for the plaintiff
and defendant, returned a verdict for
the defendant.
The plaintiff in this case was rep
resented by Honorable Alexander XII.
eour, prominent and able lawyer
from Rockville, Maryland. and B. L.
Butcher. Esq, of Fairmont. The de-
PENDANT was represented by W. s.
Meredith, Charles Powell and G. NJ.
Alexander, Esqrs.
This case was important in estab'
fishing what are the duties OF pas
sengers on train or street car in
cases of accident, or some unusual oc-
currence causing excitement anil
alarm among passengers. Passengers
frequently become alarmed at trivial
occurrences and without thought, at
tempt to jump Off the car in order to
escape what they suppose is some dan
ger. thereby rendering themselves Tia.
HE to much more serious injury In
jumping.
Passengers are required to exercise
thai care in cases of excitement or
trivial accidents on the cars that or
dinarlIy ana careful persons placed In
the same situation would exercise. In
other words, II passenger gets
scared or excited and jumps off a car
and is injured, he is not entitled to
damages on account of such injury,
unless ordinarily pTuueHt anu CalSi"'
persons under the same circumstances
would have jumped. A passenger
must always exercise ordinary care
and prudence.
One of the instructions of the court
in the above case was to the effect
That a passenger who leaps from car
while moving at rate Of speed
which makes death or great bodily In
Jury inevitable is guilty of negli'
gence to a degree of rashness; unless
the circumstances are such as to In
duce in the mind of an ordinarily pru'
dent and careful person placed in
such a position the belief that to re-
main would result in greater bodily
harm.
The jury that traversed the case
was composed Of the following men:
Gordon Curry, ]. E. Michael, Allen
Reed, Clarence Nuzum. Dale Ireland,
Jacob Hill, Charles Frederick, War
rem DeVault, ]. F. OFT, William Nor
gan, John Miller Calvin Moran.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-12-18


Ten that Nj Beard was 9 passenger Pr
Ire car: that lie car was crowded
when ii reached Falrmonl that III.
Beard was standing up ID the aisle 5ot
the car With Al great many other peo.
Die; that the seats on either side q
the car were filled with women and
children: that the car windows, or
most Of them, were open; that after
passing Green street going In the di.
rection Of Fairnont the car got be-
yond the control Of the motorman, or
at least ran down the hill at a rapid
speed: that before reaching the curve
at Mr.. Patrick Ceilings stable some
two or three persons standing on the
steps Of the car and on the bumper in
the rear Of the car jumped of; that
after passing the curve at Mr. Get
tinGs' stable. the plaintiff Beard be.
came excited and jumped through a
car window over the heads Of the
passengers sitting on the seat on that
side, and landed on the paved street:
that in lighting on the street, plaintiff
BeuT0 ElSlL dlhlC was llJulSu nuu
sprainei, and that as result Of such
injury and sprain his ankle had been
permanently injured and weakened.
It was further proven that Mr. Beard
was the only passenger on the inside
Of the car who jumped off. either
through the windows or otherwise.
and that the others who jumped OF
were standing either on the steps Of
the car or on the bumper in the rear
of the car, and that no person who re,
manned on the car when It ran off the
track at the foot of the grade at Coal
run was injured.
There were considerable number
Of witnesses who testified both the
plaintiff, Mr.. Beard, and for the de.
PENDANT, Fafrmont and Ciarksburg
Traction Company.
The court gave number of instruc-
lions to the jury. most OF which were
The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1906-12-19
The Logan Elevator
CORNER End SOUTH and End EAST

Clover, Timothy, Alfalfa Seed, Orchard Grass,
and Blue Grass bought and sold in any quantity.
The Elevator ships grain and does a general
elevator business the satisfaction of patrons.
Make up your mind to do business with lis.
The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1906-12-19

and
uquarly successful putting and doing
an extensive pride High Patent
sStrapb Grade"a Patent" fours
The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1906-12-19

speciality made of cleaning seed wheat and
luCerne seed. Work of this kind done shortest
notice and exactly as it should be done.
No concern in this country excels the Logan EIe-
vator in Cleaning Seed Wheat
The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1906-12-19
Farmers Union Mills

efoth
rompty IN o load lots
Los Angeles herald., 1906-11-21

II you want 10 go east. c. Haydoek,
Agent Illinois Central h. r., llS w 9Th.
Los Angeles herald., 1906-11-21

livery actor whose manly form has
r graced an American stage or, for
- that matter, a foreign stage, has
had a fad. Some have spent the
greater part of their lives carrying a
poodle dog or monkey around with
them, while others have continually
appeared in print as expert swords
men, boxers, college athletes, hunters
or horsemen.
Let play call for some small act
where the leading man fires a revolver
and the press agent generally "comes
through" with a long story about the
star and his prowess with a revolver
or rifle, while as "a matter of fact the
actor could not hit the side of a barn,
ten PAGES away, with a shotgun
But there is one actor, the only ath-
lete known to the modern stage, who
is not only all that is claimed of him
and then some, but whose natural
modesty rarely ever permits his talk
ing about his prowess.
He, is Arthur DEACON, this week ap-
pearing with the Peggy from Paris"
company at the Mason Opera house.
DEACON is little over medium height
and from the time he sets foot on the
stage till the time the curtain drops
doing" every minute
Without DEACON, Peggy from Paris
would be like a cocktail without a
cherry. The big little man instills
enough life into the play to keep a
dozen ordinary ones moving.
Says He's Fireman
DEACON comes from a hamlet known
as Freeport, Long Island, and his chief
claim to distinction in that village is
that he is good fireman. Give the
big man a chance at a fire and he
would miss a rehearsal or a game of
poker just 10 get his head and should
ers into blaze and smoke. Rather
a peculiar hobby for a polished actor,
but that is Deagon's hobby and he is
so proud of 1t that he wears his fire
badge during the play just to show
how nice 1t is to be fireman.
A reporter called at Deagons Dress
ing room during the production of the
Peggy" play last night. He stumbled
over loose stage furniture and stood
dismally around to be severely looked
at by fair young women in demi-tasse
attire who plainly looked their re-
proval for his - intrusion. Suddenly
the scenery rocked and swayed, the
body of man came crashing through
a small doorway and the sound of
clapping hands from the glare beyond
told that an appreciative audience was
hungering for some more OF the same
kind of acting.
"Huh!" said the big man in the blue
overalls. Interview? Sure; come on in
side and I'll try and remember some
thing of my childhood"
This actor wore a blue jumper, blue
overails and that indescribable cap
generally affected by janitors. On the
peak of the cap was pinned firemans
badge, number 222, Freeport, Long Is
land and DEACON fingered the badge
lovingly and began to plaster a few
extra streaks of grease where the
paint had rubbed from his counten-
ance.
I'm fireman." he said, and reading
Los Angeles herald., 1906-11-21
IMPRESARlo DECLINES OPERA
w. L. Greenbaum viii Not Take the
Lambardi Aggregation to San
Francisco

Will L. Greenbaum, the San Fran
cisco impresario, left here yesterday
evening without making any deal for
the Lambardi opera to play at his
house in that city. He came here Sat-
urday with the expectation of closing
contract, but terms were not salts
factory, nor was the company up to the
standard he desired. He was unde-
cided until after he saw Carmen" the
opening night. Then he suggested GER
tain changes which would, have to be
made before he would make a. deal, but
they were not agreed to- and he went
away without engaging the company.
1t is possible that certain other per-
sons who are also figuring with the
Lambardi management may conclude
to close with it. and that the company
will reach San Francisco after all.
Los Angeles herald., 1906-11-21
WOMAN CUTS IN WITH AN AXE
Muscular Belle Uses Extraordinary
Means to Collect Room Rent.
Paws Her Fine

Belle Starr of 222 Winston street
was adjudged guilty of disturbing the
peace at her place on November 1s
by Police Judge Austin yesterday aft
ernoon and was fined SIS.
Belle Starr was accused by Cora
Tyler, now living at 1882 Toberman
street, of having broken through the
partition of the latter's room while
she was a roomer III Mrs. Starr s
house. Mrs. Starr's rather extraor-
binary means of entrance is said to
have been accomplished by the use
of an axe.
Belle claimed in defense that she
could not induce Miss Tyler to pay
for six weeks room rent that was
due and that she was compelled to
break into her apartments in order
TO see her.
Los Angeles herald., 1906-11-21
SUSTAIN VOTE
FOR sHOES7R|NG
TWENTY-ElGHT LOS ANGELES
VOTES DISCARDED
Majority in City Is Reduced by TWen-
ty-seven as a Result of Ballots
Thrown Out by the
Canvassers

The Los Angeles council yesterday
canvassed the last of the votes in the
annexation of, the shoestring district
extending to San Pedro, and shortly
after 8 o'clock certified that the votes
cast last week was as follows:
In Los Angeles:
For annexation, 66I2j against, 0l4.
Outside Los Angeles:
For annexation, 213j against, 2O3.
The returns as certified earlier by
the election board were 66S9 votes for
annexation in the city and 915 against,
with 20S votes for annexation OUTSIDE
the city and 202 against.
Revision of the votes cast in Los
Angeles resulted in twenty-seven bal
lots for annexation and one against
annexation being thrown out.
The council accepted this report.
That Broken Seal
CITY Clerk Harry j. Lelande and his
deputies insist that the Green Meadows
returns were not tampered with and
that the seal became broken in the
"The ballots haye been in the keep
ing of Deputy Clerk David Carroll, Mr.
Lelande said. when they We're brought
to the city hall by the election Judges
Mr.. Carroll received and locked them IN
the vaults. They remained there untll
they We're moved to the council cham
ber.
"If anyone had wanted to tamper
with the returns the Green Meadows
precinct would not have been the one
selected for crooked work The origin
al returns showed that this precinct,
even IL 1t were thrown out, would not
affect the result. The Gardena precinct,
which would have defeated annexation
if thrown out, would have been selected.
"The fact is that the sealing wax
used on the envelopes is of poor quality
and In many cases does not hold. Any
one who will examine the envelopes
will discover that most seals have come
loose. The Green Meadows envelope
contained more votes than many of the
others, and its capacity was taxed. The
chances are that 1t became torn In be-
ing thrown about"
Los Angeles herald., 1906-11-21

February 20 is the date set for the
special election at which the annexation
of Shorb, Eagle Rock, Griffith park,
East Hollywood, Colegrove. Upper Gar
vanza and Ballone districts will be de-
termined by vote of the residents there.
The Los Angeles city council called
the special election yesterday in re-
sponse to petitions which have been
carefully revised as to names, and
there now seems little doubt of an
neXation carrying, according to talk
at the city hall and court house.
The delay has been due largely to
the necessity of getting maps accurate
ly drawn, with precinct polling places
in the bootjack district marked, all of
which have been studied by the city
attorneys Office.
This vast territory stretches around
the west, north and east boundaries of
Los Angeles, running south to line
opposite, with Agricultural park on the
west. On the east the new territory
will run as far south as a line with
Downey avenue and Eastlake park.
Adds to City Treasury
There are thousands of residents
there and millions of property valua-
tions are embraced. 1t is a section
which will add many thousands into
the city treasury in tax returns.
The delegations of residents have been
faithful in their attendance at meet
ings of the council ever since the ques-
tion was broached. They received and
gave congratulations with fervor yes
terday after the meeting.
All councilmen were present except
Smith, who is in Nevada, and Hitler
and the vote was unanimous.
Assistant City Attorney Hewitt pre-
pared the voluminous resolution in the
council chamber and the body took a
recess to give that official time to fill i'm
the details. The city clerks force also
worked overtime in comparing the
names of the petitioners with the rec
ords.
The county polling places in the com
ing election will be as follows
County Polling Places
Precinct Al. Rose Hill. polling place
in tent, Emerald street and Pacific
Electric railway: inspector. H. III,
Thompson; judges, Geo. Del Vale and
II. E. Osborne.
Precinct Az Burbank township, w.
V. Burr's ofice inspector, w. V. Burr;
judges, c. r. Ulrich and A, l., Van
Crom.
Precinct 49, Eagle Rock, Gates hall;
Los Angeles herald., 1906-11-21
Keep
Your Nerve

1t is nerve energy that runs
the organs of your body. The
storage battery is the nerve
cells in the brain and spinal
cord, and from this battery
nerve force is sent out through
the system of nerves. To keep
the body healthy you must
have plenty of nerve force; if
you have not, the organs work
imperfectly, the circulation is
sluggish, digestion bad, appe-
tite poor, kidneys inactive, and
aches, pains and misery are
the penalty.
You can keep the system
strong with DIR. Miles Nervine.
1t assists in generating nerve
energy; it strengthens the
nerves and makes the whole
system strong and vigorous
DIR. Miles Nervine to those suffering
from nervous prostration, insomnia
and melancholy. After several
months suffering from above diseases
tried this medicine and foun imme-
diate relief It soothes and strength
ems the nerves, chases away the
gloomy and depressing thoughts and
gives the sufferer renewed strength
and hope. 1t Is a superb nerve re-
JUDGE JACOB sEEArANN.
Madison. Wisconsin.
pr. Miles Heart Cure ls sold bv
your druggist, who will guarantees that
the urst bottle will benefit. II 4 falla
he Will refund your money.
Miles Medical Co., Elkhart, Ind
Los Angeles herald., 1906-11-21
BY ANNEXATION
IN FEBRUARY CITY
ADDS MANY MILES
Council Fixes Date of Election by Consent of the
Petitioners and Names Polling Places Strip
Encircles Los Angeles on Three Sides

inspector. j. O. Adams judges, John
Frackelton and ]. A. Gates.
Precinct A. Tropico, Logan hall; in
spector, A. W.. Collins; judges, N. c.
Burch and F. r. Bear.
Precinct 45. Hollywood, Benefit and
Francis; inspector. L. K. Westcott;
judges, r. P. Blackburn jr. and j. p.
Fleming.
Precinct 46. Colegrove, Colegrove
school house; inspector, f. de j. Meyer;
judges. r. E. Longworthy and Seward
Cole.
Precinct AZ. Ballona, Sixteenth and
Concord; inspector, Geo. r. Murdock:
judges, Andrew Joughin and w. r,
Richards.
Los Angeles herald., 1906-11-21

SERVING TABLESFst price $5 and then graded $40
about equal golden oak and weahere oak
the variety of designs particula y pleasing
BUFFETS- way $24O0 up $500 great in
every Perfect finishing is avcommon feature.
SIDEBOARDS $75O0 Mission designs and in
the conventional golden oak You will certainly bargain
CHINA CLOSETS-$92 up $780, Beauties, every
Perfect cabinet work is feature these pieces
Los Angeles herald., 1906-11-21
DIDN'T KNOW 1T WAS LOADED
Clerk Pulls Trigger to Show Action of
Revolver and Glass Is
Smashed

A shot was heard in the jewelry store
of George A. Brown. ia South Main
street, yesterday morning about 10
O'clock, and large crowd soon gathered
in the expectation that some crime had
been committed.
The incident was explained by the
proprietor, however. who said that a
revolver had been taken from a show
case by one of the clerks at the request
of a customer To demonstrate the ac-
tion of the gun, and not knowing that
1t was loaded, the clerk pulled the trig-
ger, which was followed by the report.
No injury was done further than the
smashing of the glass top of the show
case, through which the bullet passed
Los Angeles herald., 1906-11-21
BRAVE MOTHER WILL RECOVER
Woman Who Was Ready to Sacrifice
Life for Daughter Out Of
Danoer

1t is now expected that Mrs. Louisa
Willard, the brave mother who was
ing while trying to rescue her daughter
from room in the Bellevue apartment
house, will recover.
She is at the Sisters hospital, and
has apparently passed the critical point.
II was not thought she would live more
than few hours when she was taken
from the burning building by firemen,
as her body was badly SCARED. Mrs
Wiilard's daughter was not injured at
all.
Los Angeles herald., 1906-11-21

/ the look of doubt, he promptly took
down his street coat and produced his
badge, second badge, to establish his
identity.
"Oh, yes" said the man, whose gym
nastic stunts have made him even
more famous than his exquisite voice
could have done, sure I'm a fireman
Back in Freeport l belong to the town
company and whenever I'm home ]
attend all the fires. We have the fin
est company there of any of the east
ern states"
Los Angeles herald., 1906-11-21
Could Use II

II heard of man who laughed SO
hard at story that he lost his voice.
declared Kackson.
"What was that story?" asked
Familyman, anxiously I'D like TO tell
Il to my Wife. Tit Bits.
Los Angeles herald., 1906-11-21
The Only Way

awson-What do you do when your
little boy asks you questions that you
can't answer?
Dawson-Send him to bed and get
out the encyclopedia. = SomerVille
Journal.
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03

Meyer before have the Christmas
shoppers appeared so early as this
year. We have sold three watches
In the past week, intended for
Christmas presents and several or
ders of special designed pieces OF
Jewelry. While this may seem early
yet it's wise thing to do. Our
stock is larger than ever. We are
unpacking new things every day,
Our cut glass will be the finest in
Salem. Gilt clock novelties. solid
silverware and the most beautiful
up to date plated ware line ever seen
on this coast. Any article in our
store can be selected now and laid
away until the Holidays. A word to
the wise is sufficient.
2t C. II. HINGES.
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03
PORTLAND MARKET.

Wheat-Club. Sac; valley, G7e;
csc.
oats-Choice white. s24q S24.50,
Bran, s14.5O.
Hay-Tlmothy. siO0sll. Alfalfa,
$1l.5O.
vetch-S7G $50.
Potatoes-90e.
Poultry-Average old hen. ia
l3c; mixed chickens. 12G121ho;
young roosters. l2a 13c; dressed
I7dl7Iac: turkeys. dressed, 2i n
22lhc; geese. live. SG sc; ducks, IL
G15c; pigeons. slGsi.5o.
Pork-Dressed. GQ6hc.
Dressed. 4G Sc.
Mutton-Dressed. ia Sc.
Hops-l9O6 choice. i54 l2ei
prime. iSG14c; medium, i2g
l2hc; olds. nominal.
wool-valley. coarse 20 medium
2Od2le; Eastern oregon, isg lSei
Mohair-26d2se.
Butter-Fancy Creamery. 25 q
80; store butter, lie.
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03
stelnhorn Bound Over.

Chris steinbOrn was given a pre-
examination yesterday at
terpoon IN Justice webster's court.
He entered a plea Of not guilty and
after some OF the testimony was
taken. he was bound over 10 the cir
cult court His bail vas nxed al
$500, which he could not give, and
he Was remanded to jail. lie viii be
defended at his trial by Henry H.
Turner.
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03

the books devoted to the blind are
few and far between. and mostly
not entertaining. But here comes a
magazine-fresh aad bright, full OF
lively talk and sensible knowledge
that seeing persons find absolutely
thrust upon them at every corner.
And its reading matter. entertain
ing, cheering. and stimulating. is
ready to their hands without pay
and without price to suit those af-
iieted with blindness.
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03

CLASSIFIED DEPARTMENT "a
FOR RENT.


For kent.--Furnished and unfur-
nished rooms at 100 North Com
mercial st. NJ. A. Dice. Prop. 5-1-tt
For Sale.--Fine corner lot and small
cottage in the best residence por-
tion of the city. two blocks north
of State house. Lot large enough
for three houses. InuQire OF +.
w Power, 500 North Summer
street I1-2-1w
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03
pRAYMEN.

II. o. Cnmmins-successor to White
-Cummins. express. delivery and
transfer line Prompt service Is
our motto. Furniture and piano
moving a speciality. Stand at 1856
South Commercial street. Phone
l75 Residence phone s6s. S-4-tf
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03

Business opporiunity.-A manager
to take charge of ONCE and also
do road work in connection with
magazine subscription agency es-
tablished 90 years. doing a busi-
ness OF 100000 per year. A
person who is responsible and ex-
pressive In meeting people and
canvassing. who Will not object "a
appointing agents and working
with them In his territory. To
such person we will pay a month
ly salary. n commission. and also
a further interest In the business
OF said territory that will bring in
permanent return and Income.
Address The Home Magazine, Box
40 indianapolis. Ind. 9-25-eod-6w
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03

Poultry. Eggs. etc.
Eggs-Per dozen. sic.
Butter-Retail-Country, 20
soc; creamery. S5c,
Hens-10c.
Frys-l0c.
Gecse-6@7e
Ducks-sh@9c.
Fruits, Vegetables, Etc.
New potatoes-60c cwt.
Onlons-S0c cwt.
Tropical Fruits.
Bananas-51sc per pound.
oranges-s5.O0G 5000
Onions-75c cwt.
Live stock Market
Steers-3d3hc.
Cows-2d2Ac.
Sheep-3Ia a &c.
Dressed Veal-6d6hc.
Fat Hogs-6c.
Stock Hogs-5c.
Gram and Feed
Raled ClOyer-S6.00.
Cheat-$6.0O.
Tlmothy-sS.50d $3.50.
oats-SOd 32c.
Bran-$IS.
Shorts-sl9.
Barley-S1S.00.
Wheat. 65c.
F1our-S3.60.
Daily capital journal. (Salem, Oregon) 1903-1919, 1906-11-03

AZ the Old Stand--Sam Casio an
nounces that no Is stlll at the old
stand, at the fair grounds. pre-
pared to break or train horses for
road or track. Prices reasonable
and satisfaction guaranteed. Also