davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

| David D. Stewart & Josiah c. Towle
VS.. AEial i. Leonard. Rescript by
King, J..
Action against a deputy sheriff for
failure to serve IN execution by arrest
| of the debtor. The referee. to whom
the cause was referred by agreement
and by rule of Coart, reports. among
other things: Il cverrule all the other
excuses of the defendant and find the
defendant is liable for not serving the
execution, unless the fact that the writ
ten direction for arrest contained in
the letter was not Endorsed upon TIE
execution itself. is legal excuse I'M
der the following circumstances: viz:
The defendant did not return the eX-
ecution to the plaintiffs or their attOr-
ney for such Endorsement, nor did he
appraisc any of them of the lack of
such Endorsement, nor did he give any
other reason for not serving It other
than that the debtor claimed that the
judgment was Wrcng. He retained
the execution as already stated till Sep
TENDER Is, after the debtor had left
the state. The plaintiffs attorney sup
posed the debtor had been arrested as
ordered. i 3 submit to the Court
the question OF the defendants liability
upon the foregoing facts
Held: The only question before the
Court under the referees report is
whether the defendant is legally eX-
cused from liability for not arresting
the execution debtor because there
were no written directions to arrest in
lorsed upon the execution itself: and
| the question whether the facts found
by the referee supported the plaintiffs
declarat ton is not open before this
court. having been passed upon by the.
referee whose determination thereof
is final in the absence of fraud, pre-
judice Or mistake.
| Sect. 5, Chap. III, Il. :. provides a
right for the officers benefit; lie may.
if he choose. waive that right. ana
proceed to enforce the execution as if
| there were no such statutory prOVS-
ion.
| A waiver is the voluntary rolinquiSh-
ment Of some known right, benefit, or
advantage. and which, except for such
waiver. the party otherwise would
have enjoyed. Although a waiver is
essentially matter Of intention. YET
such int .ntion need not necessarily be
proved by express declarations. it may
he inferred from the acts and conduct
of the party.
The defendant waived his right To
have the directions to arrest endorsed
on the execution and is estopped from,
claiming the benefit of that right in de-
Tense Of his liability for not serving the
execution by arrest.
Exceptions sustained. Judgment to
be entered in the Court below for the
plaintiffs in accordance with the stipu-
lation in the referees report.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

Messrs. Shaw and Goose, who are en-
ployed at the Insane hospital. have re-
turned TO this city from a hunting trip.
They failed to bring back a deer but
brought a string Of ducks and par
tIidges, also two red fox skins
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

The two-masted schooner Abenalli.
Captain Blaisdell. arrived at this port
Tuesday afternoon in town of the tug
Charlie Lawrence and now lies at thu
Insane hospital wharf where she will
discharge cargo of about 211 tons OF
soft coal for that institution.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

Among the recent marriages which
have been recorded at the Office of tn
city clerk is that of Jerry Dupay and
Florence Brann, both of Augusta, wins
were united in marriage Nov. .. Rev
Is. p Hope. pastor of the Winthro:
Street Baptist church, officiating.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

double funeral service was held at
J" a. NJ. Tuesday at Portland at the
Wilde Memorial chapel for William A.
ana Mary II. Ratchelder. husband and
wife. who lived at 81 Portland street.
Mr. Eatchelder GieG early Saturday
morning after a few days illness with
pneumonia. and Mrs. Batchelder passed
away Monday morning Of the same dis
ease. Both were -
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

with his picture and the names Of all
the characters found i'm HarriCtte
!'ce..hrr Stoves Pearl of Orr'S Is
land. Mr.. Collins served for some
time as pastor of the church at orr'S
Island
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

L. L. Wellman's crew of building
movers are engaged in moving th.
barn belonging to Isaac Sabin on the
Wakefield lot on Green street Il dis
tance Of about 100 feet, after which Mr..
Sabin will have it remOdeled and En-
iShed into a double tenement.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

Two handsome bucks arrived in the
city on the afternoon express Tuesday.
coming from Bemis. They were killed
by A. F. Pratt. agent of the Edwards
mills and were on exhibition at Mer-
rll Bros store.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

The regular w c. Il. U. meeting will
be held this afternoon. The devotion
al meeting at 3 O'Clock sharp, followed
by the business meeting at $50. The
monthly reports of all superintendent
Will be given. and parliamentary
drill conducted by Mrs. Friend. The
final arrangements for the Federation
me, ting will be made, and large at
tendance is desired.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

Capt. Rob Partridge of the Augusta
Yacht Club has finished his cruising on
iii. KenneDec for the season aad had
MS gasoline launch taken from the
water yesterday morning and placed
in winter quarters.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

At the regular meeting of Calanthe
Lodge. X. of p. this evening. there
will be work in the rank of Knight. and
the evenings program will be complet
ed with the service of refreshments
All members and visiting Knights il
the city are cordially invited to be pres
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

The Purinton Co. is getting ready to
commence operations for the winter on
its wood lot, the old Currier lot, al
Hallowell, and will soon have gang
of men at work cutting there. 1t IS
the intention of the company to cut
all it can during the winter, probably
about 1000 cords.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
Judgment for return.

Oxford County. State of Maine vs..
Edward Siddall. Rescrpt by spear
J.
At the January Term Of the supreme
Judicial Court for oxford County. 1906,
Edward Siddall was indicted for selHng
zone glass of whskey of intoxicating
liquors to one Joseph Cameron. AT
the March term, the respondent
entered plea of not guilty. Suhs"-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
FROM Law COURT,
ResCripts Handed Down
in Five Cases.
Two Are From The County OF
Piscataquis,
And One Each From Somerset,
Knox and Oxford.

The law court. Tuesday. handed
down live reScriptS, two from Piscata-
quiS county ana one each from the
counties of Somerset. Knox and Ok
ford. They are as follows:
Somerset County
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

II" first report of deer shoot
ing in Sagadahoc county since
The open time went into effect
Friday morning came in Mon
day when Frank Card of WOOlwich
shot a big fellow the largest that has
been killed i'm this vicinity for some
years. Ahram Oliver OF Winnegance
was also successful yesterday in shoot
ing a big fox
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

The members of the Cony High school
football team have been putting in a
lot of hard work at practice this week,
and will go to Vassalboro today, where
they viii play the team from Oak
Grove seminary.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

Hon. Waldo Pettengill of RumforJ
Falls. Chairman of the Enforcement
Commission, was in the CITY Tuesday
on matters of business.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
LOCAL MATTERS.

q. {. F'lagg is shingling and making
other improvements on his residence
on Winthrop hill.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

At the municipal court Tuesday morn
ing three culprits lined up before
Recorder Whitehouse to pay the penal
ty for being intoxicated on the city
streets, and the cases were disposed OF
by fines as follows: Gideon Lessor,
s.. SO; Charles Brown. Sc So; Charles IL
Douglass. 81.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

The regular meeting Of the o. E. s.
will be held at Masonic Temple at 100
O'Clock this evening. Following the
meeting refreshments will be served.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

Albion Coffin of Palermo arrived in
town Tuesday and went to the City
hospital for surgical treatment
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

| Invitations are out for private
dancing party to be given at Wood
mems hall on Thursday evening.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
Many persons who can't
drink coffee without lying

Many persons who can't
drink coffee without lying
awake at night, find Postum
Food Coffee agrees with them
perfectly.
The important thing is to
boil the Postum at least IS
minutes so that it's favour and
full food value may be
obtained. When made right
and taken hot with good cream
and sugar to suit ones taste,
Postum is delicious as Java
coffee.
Made of wheat, it contains
no drug or other harmful
substance.
Try Postum 10 days, while
YOU leave off coffee with its
druq. caffeine. There's
Reason"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

best remedy for mothers to use is Ken
news Laxative Cough S"rup. Ii tastes
nearly good as mani. sugar, 1t con-
inns no opiates Sold hv John Congh-
IN IN, Augusta. and Reane's Drug store
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
Pisca taqus county. Frank Bryant VS.

Piscataqus county. Frank Bryant vs.
Herbert T.. Knapp ct ais. Rescript
(No opinion). by Spear, j.
This case comes to the law court on
report With the following stipulaticns:
/. 1.-THE parties agree that, if it is
decided by the law court that the at
ment of real estate is a valid attach
, nent upon said writ of the real
estate described therein. and that by
virtue of said attachment the plaintiffs
lien is continued, judgment may be en-
tered against the personal defendant
for said amount of $26S, and that a
Judgment in rem may be entertained
against the house and land on which it
stands
There are two other stipulat ions con-
tanned in the report. but the one above
quoted having already been decided.
fully disposes the case.
In Frank bryant VS.. Herbert F..
Knarr and Dwelling House and Land
and Dwelling House. an attachment of
real estate identical in terms With the
one at bar. with respect to the Ian
guage of the attachment employed in
the officers return. and containing the
same alleged defect, has been held T."
he a valid attachment. Therefore in
accordance with terms 81 the Stipuld-
ton. the entry must be.
Judgment against the personal de-
PENDANT in the sum Of s26S. and jndg-
ment in rem against the house and land
on which it stands.
Piscataquis county. Frank Bryant ct
ais VS.. Herbert F.. Knapp and House
and Land Rescript by Spear, J.
The writ in this action was against
the personal defendant Knapp. and
also against certain dwelling house
and the land upon which it stands
described in the writ and owned by one
Sherbo,,rne. who is not party to the
yri!. The action was brought to en-
force a statutory lien on the dwelling
house and land Of SherbOurne. The
question is whether the officers return
unon the writ shows, or rather consti-
tutes. a valid attachment Of the Sher-
bourne dwelling house and land as
real estate. since any attempt to at
zach the dwelling house as personal
nrorerty was and would be nugatory.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

ODD FELLOWS HALL.
ASYLUM LODGE, NO. 70, REGULAR
meeting Friday evenings at 80 o'clock.
Friday evening, Nov s, work in First
degree.
ASA LIBBY, n. C.
E. F. WESTON, Sec.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
Augusta Lodge Directory

ROSE OF SHARON CHAPTER, o. e.
g., Stated meetings the first Wednesday
Ders sojourning in the city are invited to
attend,
IDA Nj. LOCKE, W. M.
ELIZABETH A. THOMPSON, Secretary.
mon Wed-frf-tf
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06
JEPHTHA ENcAMPMENT, NO. 8

Meetings at o'clock every second and
fourth Tuesday. Tuesday evening, Nov
II, work work in Patriarchal degree.
F. 0. GETCIIE ELL. c. P.
G. W. MERRILL, Scribe.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-06

David D. Stewart & Josiah c. Towle
VS.. AEial i. Leonard. Rescript by
St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10
INDEX TO LAWS.

. al AkOAA
Atty. generals contingent fund....1s, 81
Cancellation or continuance. ..........2l2
Extension of app'n for roads and
bridges made in 1905. ............. 50
For deficiency state treasurer's office. liz
For relief of Emma Middlemist. ....... %
For roads and bridges. .219
For state institutions
General appropriation bill ........... 476
High, graded, semi-graded and rural
Legislative expenses ...............l,2 l7
To purchase seed grain................4 81
To reimburse Bengt Aronson..........362
BANKS.
Banks and savings banks defined....llI
Fees to be paid to 415
Liability of stockholders .............1S7
0A1 BoNDs.
Investment Of school funds. .34S
Justification Of sureties .:...:.:........311
OF contractors for public work. .......3D
Purchase by county boards. ..........214
Towns and villages. when liable for. .273
Bonds purchased by municipalities .102
CITIES AND VILLAGES.
Amendments to charters .............19 4
Annexation Of territory. $40
Authorizing bonds for railroads......244
Bonds for floating bt.............. 81
Bond issues authorized ............... 50
Creating water, light and power com'n.412
Designating public repositories. ....... IL
Detachment Of territory .............. 81
Detachment of farm lands ...........221
Electric light and waterworks. $4,000
Home rule charters :37a
Incorporating villages
IIndehtedness and bond Issue .sas .S...2s4:
St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10

CHAPTER 470-H. f. NO 1895.
AN Sjs AgT ,Ld to a% 1snS s Ts1afins sS 8 Of }11 the Re
of ballots after contest of election has
been instituted.
Be it enacted by the legislature of the
Section 1. Section 3337. Of the Revised
Laws Of Minnesota 1908: are hereby
Section 337. After a contest has been
instituted, either party may have the bal
The party applying for such inspection
shall file with the clerk a verified petit
ton, stating that he cannot properly pre-
pare his case for trial WITHOUT an inspec-
judge of said court shall appoint three
persons, if for a county or municipal Of
flee, one selected by each of the par
W ties and a,,c q third by s these 1t two o,.d b.
If the contest relates to- a state Of
fee. or to the declared result upon a con-
stltuttonal amendment or other question
s sfa4n ! Ito, to popular o vote ct1,rt r6s{ ento the
three persons in each county, one selected
by each of the parties in each county and
a third by those two by whom such in
spection shall be made. It shall be con-
todian of the ballots, and the party apply
ing therefor shall file with the clerk a
BOND in the sum of $3.50, with two sureties
approved by the judge Of such court. II
the contest relates to a state office or to
the declared result upon q constitutional
amendment or other question submitted
to popular vote throughout the state, the
bond shall be for such sum as the court
shall designate, conditioned, that he will
pay the costs and expenses Of such in
spection In case he fails to maintain his
refuses to name an Inspector, he shall be
selected by the Judge. {
Approved April 26, 1907.
CHAPTER 476-H. b. NO. 1908.
AN ACT to appropriate money for the
for other purposes.
Be it enacted by the Legislature of the
State Of Minnesota:
named, or so much thereof as may be
necessary are hereby appropriated from
any moneys in, the treasury not other
fed in the following sections O this act
to be available, where not otherwise
stated Tor each q the-f fiscal years end,
St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10
TAT OF

Department OF STATE.
I, julius A. schmahl, secretary Of state
of Minnesota. do hereby certify that the
foregoing General Laws, passed by the
legislature of 1907 have been compared
with the enrolled copies Of said laws de.
posted in the Office Of the secretary Of
state, and they are true and correct
copies of said enrolled laws, except CHAP,
chapters XII, 47s, 479 and $50, being con-
stitutional amendments, omitted in order
to keep the 1907 Session Laws within "a
& of newspaper form.
In testimony whereof 1 nave hereunto
set my hand this list day Of May A. D.
1907. -
CSeal.) JULIUS A. SCHMAHL,
Secretary of State.
St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1907-05-10
Approved April 26, 1907.

CHAPTER 47LH. F. NO. 1888.
AN ACT to repeal chapter one hundred
and seventy-eight (178), Laws 1901, and
all acts ~amendatory thereof.
Be it enacted by the Legislature Of the
State of Minnesota:
Section /. That chapter one hundred
and seventy-eight q7s), of the Laws Of
Minnesota for the yea one thousand min
to provide for the incorporation, re-incor-
poration and regulation of life insur-
ance companies on the stipulated pre-
MUM plan," and all acts amendatory
thereof, be, and the same are hereby re-
pealed.
Sec. 9. This act shall take effect and be
In force from and after its passage.
Approved April 2 s 1907.
The Washington times., 1907-02-24
ROYALTY FORGOT
KAISER'S BIRTHDAY

LONDON. Feb "a story is going
the rounds IN court circles concerning
the Kaiser's birthday. I appears that
the only personages in the British royal
family who remembered the birthday
in plenty Of time were the King and
Queen The other members OF the royal
family We're a whole day late in send
ing cOngratulatory messages and gifts.
The most amusing case was that OF
the Bohemian princess. Louise. duchess
OF Argyll Her royal highneSs was sit
ting at luncheon with a few intimate
friends, at KensingtOn palace. when the
head butler. who has been in the royal
service for many years. whispered: Il
beg your royal highness' pardon. but
the Emperor Williams birthday was
celebrated yesterday"
Good heavens, Why didn't YOU re-
mind me befOre2r' said the princess
And she left her guests then and thcre
and proceeded TO send of very flowerv
message 10 the KaiSer-for whom. bv
the way, she has no great regard.
The Washington times., 1907-02-24
Society Folk Enthralled
by Lecturers DeScrip-
tons and Pictures.

Mrs Walker Fearn held the attention
Of smart and official society yesterday
afternoon for several hours at Rausch-
er's with her charming lecture on "A
Message of Love 10 the Blind" The
hall was crowded with an interested and
cultured audience upon whom the pic
lures and the graceful talk OF Mrs.
Fearn made deep impression.
Mrs. Fearn wore the court costume
presented 10 her by the beautiful Queen
Elizabeth of ROumania. better known
as Carmen sylvia, whom she visited
this winter. and with whom she was
deeply interested in the work for the
lettering Of the condition of the blind.
The Queen has evolved an original
plan for the establishing OF a city for
the blind, which is organized and built
up by the government land for the most
part out OF her own purse), in which
the blind people can have their own
homes and keep their families together
Schools are being established there,
workshops and Industries Of all kinds,
and even churches. Everything Is be
ing done that is possible for sightless
people TO make them independent and
happy. 1t Is this plan. in n modified
form. which Mrs. Fearn hopes to intro
duce into many cities where provisions
are not already made for these op-
portunitles to blind people.
Mrs. Fearn showed some rarely beau
tiful stereopticon pictures Of the Queen
The Washington times., 1907-02-24
KEEPERS
HELD FOR MURDER
Responsible for
Deaths by Cruelty of
Five Inmates.

ATHENS. Ohio. Feb. 23-After being
In session a week investigating cruelties
practiced upon patients by attendants at
the Athens State Hospital and especial
IS the recent Killing OF Inmate Barnes,
the Athens county grand jury today re-
turned five indictments against former
employees of the institution
Robert Reeder, Henry HarkiGs. and C.
+. Bobo We're Jointly indicted 1or second
degree murder, charged with the mUr-
der Of William J. Barnes. from Monroe
county. This murder occurred Feb
ruary .. Barnes dying a few minutes
after being 'uamped out by the three
attendants.
Robert ECeder was also indicted for
murder in the second degree. charged
with the murder Of Emmett Vickers.
committed from Monroe county last Sep
TENDER.
Two indictments for assault on IN
mates were found against Edward
Hunter. and one against William Black
burn
The Washington times., 1907-02-24
Free Trip to Canal Zone
For Members of Congress
About Fifty Senators and Representatives
Going TO Examine Progress of Work.
Will Sail March 8 on Alliance.

zone. The trip both ways viii be made
on the steamer Alliance. of the Panama
Railroad Steamship Company.
A number of the Senators and Repre-
sentatives had a meeting yesterday
Commission, who outlined the plans Of
the trip for them. They were informed
that space had been reserved for as
many as may desire 10 90. up to 100 or
even more. The public desiring 20 take
passage will be granted no reserva-
.tiOns TIL the. Congressional delegation
is all provided for. They were in
formed, however. that the commission
desired 10 know not later than to-
morrow the exact number for which
reservations are desired. This VIII be
the largest Congressional party 10 visit
the iSthmus at one time since the big
canal enterprise was first set on FOOT.
Representative Scott Of Kansas has
charge Of the arrangements and book
ings for transportation.
The Washington times., 1907-02-24

Determined 10 see for themselves what
is being accomplished toward building
the Panama canal. a party Of half
hundred or more Senators and Repre-
seDtatives, consisting mainly Of those
from the Middle Western States, viii
leave New York March 8 for the 18TH
mus
The party will arrive at Colon March
l3. begin the return journey March lS
giving the legislators five days on the
isthmus. and reach New York March
.. All Senator'S and Representative
who desire 10 make the trip viii be
granted free round-trip transportation.
including bertbs and meals. and free
transportation on the isthmus The only
necessary expenses Of members OF the
delegation Will be hotel accommodation
for the five days they are in the canal
The Washington times., 1907-02-24
CHORUS GIRLS AWAIT
EAST INDIA PRINCE

LONDON, Feb. 23.-London's prettiest
chorus girls are looking forward eagerly
20 thf return OF the Aga Khan. the
wealthy Eastern prince who rules over
millions Of Mohammedans and violates
an the tenets OF the Moslcm faith in his
pursuit Of pleasure.
The Aga Khan IS coming back to Lon
don after an absence OF two years. and
is expected 10 renew the lavish gener-
osity he was famous for. The prince
gave splendid dinners. delightful river
parties. and showercd jewelry on stage
beauties on leaving London be gave a
farewell supper AZ the Savoy. where the
cream of the London lyric stage said
good-by TO their generous friend.
The Washington times., 1907-02-24
BRYAN TAKES DROP
DOWN AN ELEVATOR
With Mayor Dunno, OF Chi
cago. He Mario WY Es-
capeS Injury.

CHICAGO. Feb. 23.-8Iayor Dunno.
William Jennings Bryan. louis +. Post.
Of the Board Of Education. aEl r.
Roche the latter OF the mayors cam
paign committee. We're imperiIed today
in an elevator accident at the Sherman
House. They escaped with a severe
shaking up.
The elevator dropped about fifteen
feet 20 the bottom OF the shaft.
Mr.. Bryan. who was passing through
the city. had called at the mayors
headquarters on the second floor Of the
hotel