davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16

the Corporation Court OF tho city OF
bristol upon reheariuE of a former
decision. was reversed. the court ad-
herring 10 the result before reached
Judges Buchanan and White dissent
from the opinion of the majority. Judge
White fling "a dissenting opinion
This case involved the settlement OF
the estate Of Joseph w. Jones. deceased
who died intestate leaving real property
in both Virginia and Tennessee. % Zee
divided amongst two sets OF children.
some Of whom had In consideration of
advancements received 10y them. entered
into contracts with tlelr father reliu-
gushing their expectancy.
In Virginia Iron. Coal and Coke Com
pany VS. kiser. administrator. the iulg-
ment or the Circuit Court OF wise coun-
" Is reversed. ia an opinion by Judge
Cardwcl, holding that the evidence was
insufficient To- sustain the verdict
Tn James Green. er ais, vs.. +. NJ Pen
nington. from the Circuit Court OF Lee
county, the judgment is reversed. Opinion
10y judge buchanan.
Bledsoe. 90 ais, VS. 7. w. Rohinett. from
the Circuit Courf Of Scott county Decree
reversed. Opinion by Judge Buchanan.
Jackson. 90 ais. Counts. commit
tee. and Jackson. ct ais, VS.. Anderson.
commitee-twO cases from the Circuit
Court OF DlcEeuSon county. Affirmed
opinion 10y Judge Whittle.
international Harvester Company Of
America US. smith from the Circuit
Court Of Pulaski county. Affirmed
Opinion by judge Keith
Fields VS. Fields. from the Circuit Court
Of Washington county. Affirmed Opinion
ry Judge Harrison
Larkey rs. Gardner. from the Circuit
Court Of scott county. Reversed and
dismissed. opinion by Judge Harrison.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16
Public Schools Athletics.

The present issue Of Spalding's Athletic
Library. issued by the American Sports
Athletic Company. q Warren street. New
York. is devoted 20 the Public Schools
Athletic League and It is the official
handbook for the year. This book con-
ta.ns "A front page portrait Of the Hon.
Theodore Roosevelt. who is the honorary
vice-pres ident OF tho Public schools Ath-
letic League. and portraits OF other Off
cors II is repiete with pictures Of this
years champions Of the high and ele-
montary schools. and contains as well
complete athletic record ~ the past year.
the rules governing schoolhoy competi-
uons. and a separate chapter regarding
the girls branch Of the Public schools
Athletic T.eaEue-
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16
VIRGINIA SUPREME
COURT OF APPEALS
Sixteen Opinions Handed Down
at Stanton Last
Thursday.
THREE DECISIONS IN ONE CASE
Especial % Tho Times-plspatch.l

Especial % Tho Times-rispatch.1
SlADNION. VA. september l5.-In
the supreme Court OF Appeals Thurs
day sixteen opinions we're handed down
There were three opinions IN the case
OF Wasserman ~. Metzger. a case from
the Court Of Law and Chancery OF tho
city Of Norfolk. which was argued before
the appellate court IN Richmond in Feb
ruary last Judges buchanan. White
ana harrison united In the majority opln-
lon, written by Judge Buchanan by
which the decree or tho lower court is
affirmed. Judge Cardwel dissents in an
opinion Of considerable length. and Judge
Keith concurs In Judge Cardweirs dis
sent. handing down an opinion embody-
Ing his views
This controversy was over certain real
estate IN Norfolk city. which was con-
veyed by Samuel WasserInan and wife
Ia 1892. 70 a trustee 20 secure 10 Sophia
Metzger two negotiable notes for 81 $50
each payable respectively one and TWO
years after date. The properrv was
again conveyed IN 1893 20 Louis Wasser-
man Boy Samuel Wasserman and wife
the grantee assuming the payment OF the
Two notes J.. !. Morris. who claimed
10 De the holder of one OF these notes
and the president OF the National Bank OF
Commerce. which held the note as col
lateral for an Indebtedness OF Morris %
the bank. !n January. 1902. informed the
trustee in the deed ~ 1892 that default
had been made IN tie payment OF the
note. and directed him 20 sell the property
t' satisfy the debt. Tho property vas
sold AZ public auction. IN the manner re-
CURED by the trust deed. o. T. J Nor
us. for $4,000. To secure a debt Of s. 600
10 The Mutual Building Association Nor
ris conveyed the property 20 trustees. and
frequently. in consideration OF $1,000
ant the assumption ~ the $4,000 lien
.sain conveyed the property % Rkchen
lhassermau's trustee
Mrs. Metzger filed her BILL claiming
i-ar She was the holder OF one % tie
notes secured by the trust deed ~ i.q2.
ni on which there was q balance OF s7sf Oh
ti.af TIE note which +. j. Morris ana thu
Natonh Bank ~ Commerce represented
themselves as holding had been paid
long before the trustee was requested 10
s+l the property that she knew nothing
ot the sale. which was. therefore. void
aa 10 her. and praying that the deeds
since the trust deed % 1892 DE set aside
ana the property subjected 20 pay The ball
an'e due her The Court OF Law and
'lancery entered a decree IN accord
srce With Mrs. Netzgers prayer. and Mrs
" asStfnan and her trustee appealed
The aGlrmance ~ that decree bv the
supreme Court Secures 20 AIRS Metz
ger TIE balance due on the second note
hsld by her
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16
Great Mining Suit

- r----- -.
sd. ,-.- '.l ail- coke company
- ''. oai ana coke Conc
-.... QUIZ ~ WISE
. n" lower court
-,-t....-. '' al" OPINION 'y Judge
- $500
r.. 49, c 80 '-"'s was tease
. '1- oa- am ..'he Conn
l... =. ~ ''ai ana coke
....., -.-0' ise was si'-'-
-.tI.r ..1 , greene
,,.,, .- '"e i--t 'i
..s. 90 ..,--.. ana me
g-......s Do. .t - '' ''"
...-..... -o' 1''e f-. pose 'i
~.-.. ,-.-.,...-,-
1.r.ras N-ae+ ,.,-,..,-.. -,-.- s--.... ~.
entries no., its cosI ls-5s o .,..'7
,.fir- line betyrce,, tbe-,, a,,7 Il 49,.
lands for the purpos. ~ fo--ni-- -,--
-.rttor ,yi-h ral,lvra,-s e,ta-sf-,,- tp-,,.,,,,
The leased mine when IN frt,,-c+lo, ,,-ss
procured against 10 bv tile Nirutnfa COM
ranv Th, Circuit Court ~ Wise count,
arou the hearing uerpetuated tho IN
Junction. and an appeal was obtained bv
the Cranes Nest Company
Dr. is decided hy Tie supreme Court
f.Hr the Cranes Nest Cnrrr~.r- r- had f-.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16
HOPING FOR
GREAT BALL TEAM
Men Already on Campus and
Hard at WOrk-Football
Schedule.

Football season is just beginning. and
Richmond College IS getting an early
start. Yesterday there could be seen ON
the campus q goodIy squad hard at work
making ready to show Randolph-M Macon
a thing or two this fall
The prospects are unusually bright and
everything points towards winning
team mis- year. The school rejoices 70
have again Mr. Dunlop for its physical
director. Mr.. Dunlop needs no introduc-
ton 70 the Richmond people. after the
wonders he wrought with his men last
year by his skilfui training.
j. S Wright. OF Louisiana. is captain
this year. and has succeeded in bring
ing back some OF the finest football ma
tfrlal ever seen on the campus
Thrayes. the crack tackle Of Virginia
Military Institute. viii be here this year;
also the veteran quarterback. Fred
Toomhs OF Mississippi
only two Of last years team will not
return. one being the southpaw artist
Throckmort0n
The following is a copy OF the sched-
uie for 1906.
september 10Th. Woodberry Forest Acad-
envy. in Richmond.
October 3d. University OF virginia. in
October 9Th. Randolph Macon College.
I'm Richmond
October lIth. Agricultural and Mechani-
cal. OF North Carolina in Raleigh
October 18TH. University Of North Caro-
Ina. in Chapel nm
October Goth. open
October 9th. Fork Union Academy. in
Fork Union.
November 81. William and Mary COL
iege in Williamsburg
November 10th. Roanoke College, in
Richmond
November nth. Hampden-Sidney col
lege. i'm Richmond
November oath. Randolph Macon coli
lege. IN Richmond
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16

said that at most tile accident was the
result NJ two conr.rri1g causes. the pick
and the blast. and with respect tO the
latter. the jury may have considered 90
t-e duty ~ the mine foreman to have
given warning CD Williams. and That the
lr1ury was partly attributable 20 his tai-
're 20 90 so, that where the vice-prlnci-
lal entered .uto and constituted part
~ the negligent ACT which caused the
irf.ry. the courts VII not undertake to-
distribute the fault Out VIII hold the
principal responsible .s though IL alone
We're guilty.
in Cr0c kett. sheriff. administrator OF
Ip1ralm NauEht. VS. Ette-. from the
Wytne Circuit Court the matter in dis
gute was Judgment Len which was
given priority over the lien by Judgment
asserted by Naughts administrator in the
suit. in which the proceeds Of certain
- ~ j. A. litter were being distrlb-
Tho judgment given priority was at
tackled by Naughts administrator. on the
Ground that the return on tile summons
lron which the judgment was rendered
w as defective; that the court under u ac-
CURED no Jurisdiction. and that the jude
mont was null and void
The supreme Court holds that this OBJ
ZION is Well founded as the return on
The summons. which showed thai u was
served on the wife Of James A. Etter.
lied 90 show that the COPY was do
Ifrerel 60 her AZ Etter's usual place ~
20 de. and a judgment by default having
.een rendered upon notice. the return
Dt service upon which shows a de-
arture from the statute tn "a material re-
-rr~t &c is said that the Judgment isl void
and the exception TO il Should have been
-'ir tanned. The court Will enter such
decree AS r tnds the Circuit Court ought
% have entered 80 The case. The opinion
was handed down by judge Keith
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16
Personal Injury.

Pocahontas Galleries Company VS. VII
Iams from tile Circuit Court Of Taze-
well county. was a personal injury case.
in which Williams sought % recover dam
ages for injuries sustained hy "a fan
of coal I'm the mine where De was en-
ployed
judge Keith affrms the Judgment u
tho lower court for $500. rendered i'm
Williams favor upon demurrer 10y the
company to the evidence
Williams was set to work for the first
time on saturday. placing props iu the
mine to support the roof Ou Monday
while engaged i'm this work al o. place
where q blast had been set of. and about
fifteen feet from where "a miner was work
ing with a pick. endeavorins TO throw
coal down. a quantity of coal fell on
Williams. breaking his leg En- two places
The court holds that the defendant COM
pany knew that Williams was wholly
ignorant Of mining, that ON Monday
morning. before ne went 10 work. a.
change ia the condition of the mine had
taken place, accompanied with more or
less danger: that a blast had been fired.
that the coal had not fallen. and that
70 had been lOosened 10y the effects OF
the blast. While the court is Of opinion
that the responsibility Of the defendant
company turns upon a very narrow point.
70 is said that the question OF whether
the servant should have been warned IS
always for the jury. upon the evidence,
and the court cannot say as matter Of
law that under the circumstances the
jury were not warranted I'm holding II
TO have been the duty OF tho mine fore
man 10 call the attention of Williams and
his helper to the changed situation ana
its dangerous character.
The contention chat tho accident was
due solely TO the negligence Of the fellow
servant OF Williams. who was a work
with the pick. is not sustained. II is
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16

rany he obtained verdict IN his favor.
ana the case was "a ken 10y the company
before the supreme Court
IL IS said in the opinion that there was
evidence tending 20 show that the alter
cation tween o'Conuor and B.rchreld
was IN quite a loud tone Of voice. loud
enough Go warrant the jury in the In
.treNc" tIat u must have been heard boy
the conductor. or that Il might have
Deem heard by him had he been atten-
tive % his duties. and that its character
was such that q should have warned him
that il Was bis duty 10 interpose- The
law - DECLARED 10 Dee taat % carrier must
eNer.is The utmost care and skill Of d
prudent man IN taking precautions % pre-
vent one passenger from being injured
by the ignorant. negligent or reckless acts
Of another. and that IL there is danger Of
any one being inju-ed and the employees
FAIL 70 remove. subdue or overpower the
turbulent individual after knowing there
Is danger. or after they ought % have
known that there was danger II they eN-
etc!sed proper care. thai failure Is negi-
geuce Tor The consequence OF which the
No reversible error is found i'm the
Mcnt is affirmed
Damages for Insult.
The case Of Virginia and Southwestern
Railway Company vs.. Hill. from the cir
opinion by Judse CardWel rever-cs the
judgment OF that court. was sui-
brought by Hiu 10 recover damases for
Insults and injuries received hy him
when elected from a train OF the COM
pauy.
ZIG. nlusNt Wnat ne supposed was
,nN,t iloi" tlnchpoIt 70 Appaia'h.t.
rect fare T5e seant hov-il,lI '., Nj
mistake and gave Hill a ticket To Duff
Held, an intermediate point. After pass
ing Dufheld tho conductor noticed HN
on the train and told him he would have
70 pay fare from Dufiield TO Appalacnil.
Wnl,h HlI refused 20 do. saying that the
conductor might put him on the train
and he would sue the company
me conductor thcreupon. with the ass
sisi@nge Of a passenger named Moss.
'.H iltli from tite Train. De stru--l.Ns
,.l.t 4ss.s'iNS WIN an ms power nor r.
tnS 'iV Co4uuCtot. however Atirf ne
"' . , l41 '4L ..'c nam an9 W"-ir 'i.
~. - S'' '''9 eS'ttt'i@ ms N@llse ".l oi
W. C".t il'i .i'-i ti-t passenger VINO as
rIiu tr ~ ,,,o'',b '.. ,t 80 r
kroolIne some tea,h loos.' ''''
D., fEc 49, ,-. ...,t..7 .t
rrlnt og5Ins- ~ ,.., '',.l,l "
s. -uG iron, ,,,f.h H.. ',,.-s,,, ''..- ..'...t
u ,,rtt nf e,-or ia he - 10000 c,.'-+
u Is decided maj Tho f'.. 81 +he f.f-a,
held b, nam ms ,,or, efrtei,.. e,.ta.s,.. as .
fhe extent of Ills rlr1f ~ rfIe e,5 SKI
rlf,,..i ~ 49, trc s.ti..'o,T 49,
e.. oi.rf lin, fra~S ~. fr-i-. 9~s tr,,
r,,-l~. this rief,+ r4fii No. 80 .-,t.',.l
10 recover fo- in iftr,- ~ irerr+ ,,,.,,..
TN. instriictfo,s ,,i,-er ara ssi4 ~ d.,
-~r.,.,.,,,,. d. ma. .t..- ma 800.
,.,,i-t hto....,, ~ .-- 80, ~ ..,
III, go ~. a. rs
sst+- t.i'- a. cue 49, - '','
a Reverssl '''' '.''
Tndq. Ko,tb handed 6og, s, o,i,io,
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16

Mort. Guardian. VS.. Jones. etc. From
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16
Assaulted on Train.

pauy SIS. Birohdeld. from tho Circuit
Count IF TazoweN county. the opinion
1r Judge Keith affrms the fudemout
OF The lower court.
Eiv.NItIi WAS passenger on an ox-
cur-.nu train between TazoWcl and Nlue-
fnli- when ne became involved ir au a.-
ttr.nt'1n with q man named O'COnu.r.
who assaulted him. striking him over
ile head with blackjack. The conductor
90 f.w soats away from whore tre Assault
occurred. hut took no steps o. prevent the
in jury 90 Birchheld.
ln the suit brought by BirchHeiI o. re-
cover damages from the railway CONF
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16

Ladies and Girls Wanted at
Once to Operate Electric Sew
ing Machines. New employees
we'll paid while learning. Steady
work all the year round. Apply
May Manufacturing Co, 7 Gov
ernOr Street, Richmond, Va.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-09-16

In his babyhO0d. 80 a point was strained
and Butch" was kept on superintendent
ieig liked him. SO did everybody else.
Just as the horses returned from Sarn-
toSa early IN tho month and butch
thought or visiting his friends At Sleeps
head Bay. he caught cold. He vas az
vised 70 lay on. but he would 80 20 work.
on tho second day ne tainted across "a
bundle OF catalogues The ambulance
changed ut tho warehouse door and
Butch was taken 20 Bellevue Hospital
down on the edge OF the East River. on
the third day the house surgeon sent for
Mr.. Beis and expressed no hope tor tho
patients recovery. "Bulch" was told, too.
He took II Ike man. Only ne had one
regret. 1T goes" he said with wh.spering
voice. "on'y 1 amt got no money and Ia
Ike 20 be put away decent"
IN see to that. Butch" softly re-
piled the superintendent.
"sure2' asked Butch"
Sure"
SO the irish blue eyes glowed n prayer
OF thanks. The little patient fen asleep
after While. and never woke Up.
Superintendent IIeig returned TO the
Home and dolefully informed the boys
that Butch was dead. also that he had
asked FOR decent burial II want YOU
boys 70 do r." DC explained. lie didn't
have 20 say anything further. Boston
was on a table in a minute. lie is small.
but be has initiative. IT'S up 10 us.
A'.itNiNf We GOV r. ralI ~ no 3 next
spoke Boston The Kids came in with
their quarters. their dimes and their
nickels I'm fifty. Then "Bostou."
'Gmpy' and Dusty went through
Park Row. Boston" winding up at tho
sheepshead Bay race track. They could
have had hundreds Of dollars from the
( hookmakcrs and gamblers. but Boston
wouldn't stand for f. Just 2il5.. was
the total subscription. Tie boys found
they could get n hearse. defray services
buy world OF viOlets. purchase burial
plot. and have enough left for two hacks.
Later Boston vetoed the hack idea
"Lc S us salt de money down Ter de-
graveetone." he averred. "da trolley fer
ours"
The boys served as pallbearcrs ana
Wourners az tho Sixth Avenue undertake
ing establishments and then went bv car
over The big East River Bridge 10 await
a. tho graveside the coming Of the cor
tese Mr.. Heig paid FOR his cab So
old Archie thinner. the horse-traIner
for Senator Tim" Sullivan Mr HofE
read the funeral service. and Boston.
as chief mourner. laid a big bunch ~
tto dark blue flowers on the casket az
D. disappeared IN the open grave. Cruelty
ciump of ioosened soil cracked on me
pine covering
ashes 70 ashes DUST 10 dust. read Mr..
Heig
ron. he was Do white kid-dead white.
said Boston
Then they turned away % catch the
hrst race ana the pink Sporting spe-
Nowadays you can 20 something other
.H an insurance company pres.dert and
,"t regret tha past. Jack Martin COR
stance. keeniv rues the hour and ne
cay when DO rode Foun-ainbleau IN the
.aln-rA stakes running % September
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-06
BUILDERS
CROWDED WITH WORK
PRESENT SEASON PROMISES TO
BREAK RECORD.
Northern Pacific and Great Northern
Project Long Lines of Road Thru
Northwest, Shortening Routes but
Costing Millions to Build-canadian
Northwest Being Gridironed.

The year 1905 was a record-breaker
in the way of railroad building and ex-
tension in the northwest, but this year
bids fair. greatly to outdistance the
record of 1905.
The greatest piece of work being un-
dertaken in the west is a stretch of 225
miles, now started by the Northern Pa
cIfc road from Kcnnewick, Wash, to
Vancouver, along the shore of the Col
umbia river This work is in greater
part rock-cutting, and expensive. The
work complete viii cost 5000, 900.
New Idaho Line.
The Northern Pacific is also building
zsixty3fve-mile extension beyond Cold
ersac, Idaho, and seventy miles extend
ing along the north side of the Snake
river from Walloula east. zs-
An important work which will take
some years to complete, is the construc-
tlon by the Great Northern of a 500
mile line from Midway, Wash, west to
Vancouver. -.
Montana is seeing a 225-mile extern
sion of both the Great Northern and
Burlington lines. These roads have this
spring begun extensions from Billings
to Arlington, Mont, 225 miles Of
heavy grade work.
The, Great Northern has several
other important extensions in progress
this spring, They include a thirtv-fve-
mile strip from Aneta to Devils Lake,
N. D., part of which is being double
tracked; an extension from st. John,
y. d., to Brandon. Man.; a line extend
ing th1rty-hVe miles north from Green,
bush.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-06
INCREASES BOILER CAPACITY
Milwaukee Inspector Patents Device of
Which Much Is Hoped. S.

"A device to insure freer circulation
OF water and to reduce the number Of
leaks to the minimum in locomotive
oollers has been invented and patented
by Louis Marchessault, 4331 Minneha-
ha avenue.
In order to accomplish this Mr..
Marchessault has devised a plan where
by a new boiler need not be constructed
put the old one reftted. He saws that
in order to obtain the greatest amount
OF hue space exposed to water it has
long been the custom to place the hues
close together thereby leaving little
metal between the hues on the >hue-
plate.
The f%ue-sheet is exposed to a greater
heat than any other part of the boiler,
and should be much stronger. By re-
+duclng the diameter of the fues for a
short distance at the receiving end, the
~iue-plate is made stronger and a more
free circulation of water is permitted
ln,the front part of the boiler.
! With this device the. fue-plate will
not rust out SO quickly and can also be
constructed of thinner metal. The top
and bottom of the boiler. which are ex-
posed to water are, arched, thus expos
ing more water to the heated surface.
Sufficient heat will pass into the small
ends of the fues to heat all the water
exposed to the larger parts of the hues.
Under tn epresent system heat is
wasted and the inventor says that the
new device reduces to a large extent
the waste of heat.
One of these devices is now being
tried by the Milwaukee railroad. Mr..
Marchessault has been in the employ
of the company for twenty-five years,
and is the Inspector of boilers at pres
emit. His invention is the result of his
experience with the defects in the. or
binary boilers.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-06
special Correspondence Of The Journal.

Special Correspondence Of The Journal.
nARIs, April 24.-From black
smith to opera singer, and now
- engaged to appear in the United
at $1,000 a night, such is the re-
markable record of Charles Rousseliere,
the Youngest and also the most success
full tenor on the French operate stage
today.
Rousseliere was born in. Saint
.Nazaire, at the mouth of the Loire,
the birthplace of French battle
ships and liners. His father was a
humble blacksmith, and young Charles
was brought up to follow the trade,
which he did for two years. But his
taste had always turned to music, and
as he had a fine, clear voice, he spent
more time singing than battering his
anvil. His voice finally attracted at
tention and he found patrons to make
up q purse to send him to Paris, that
he might study singing seriously, if he
had a sound organ and true ability.
Confident in what he could do, he pre-
sented himself for admission to the
national conservatory, scornlng to go
thru the preparatory course of studies
which aspiring conservatory pupils gen
orally practice. He was accepted on
the spot, and three years later, in 1898,
when he was only 23, he graduated with
the first prize and vas engaged forth
with as tenor by the Paris grand opera.
He made his debut in the same year as
Samson in Saint-Saens' "Samson ct
Delila.''
Every season since then Rousseliere
has added to his popularity. He has
refused all offers to leave the Paris
opera, considering that this is the place
not only to make a reputation, but also
to learn the best operate traditions.
He made u exception to create the