davidaulloa/AmericanStories huggingface dataset:
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09

the man to be lying around In a ham
mock while you are putting through
your deep water harbor bill. In my
humble opinion, you are going to have
fight on your hands that will make
you sit up and get busy"
This was the most un-English Ian
guage which the supposed nobleman
had yet employed, but it did not at
tract the notice or awaken the suspi
cion Of Mr.. Renwyck at that time
owing to his deep interest in the mat
ter Immediately in hand.
"Ah," he cried now you've laid
your finger on beauty spot! OF
course Williams will fight me with
tooth and nail; but, by the Lord Harry
he can't!'
"Why not?"
''Simply because he will not be In
Texas when my bill is passed"
Richard stared at his host in fear
and wonder. while Mr.. Renwyck con
tinued jubilantly:
II could not have. had matters turn
out better IL had arranged 1t all my
self. 1t seems that Williams fool of q
son was up here In New York last
week and got himself badly smashed
mp In an automobile accident"
what, you don't mean
'Yes, it's true" added the specula-
tor quickly without noticing Richards
look of establishment. Michael show
cd me a greatly exaggerated newspa-
per account yesterday morning"
us he-er-mortally or dangerously
hurt" began Richard, who had in
truth forgotten all about the condition
Of the real Croyland, and he now be-
gan to fear that the man who had as
sumed his name really might be more
seriously injured than any of them
had imagined. Richard was neither
heartless nor Indifferent; but not sus-
pecting Croyland's injuries were seri-
Gus and being fully occupied with bis
own engrossing situation, he had NOT
given the wounded earl 4 thought for
days
mo. no: badly, but not fatally, Of
course" answered Mr.. Renwyck. II
sent around to the hospital to see II
there was anything could do for the
boy. I'm sorry for him. I've got NO
grudge against him. except bis foolish
usss In selecting such father"
I'm glad to hear M no worse"
murmured Richard, much relieved.
s@0o on, sir"
1t struck me at once that things
might happen which would serve my
interests when the father heard OF the
sad affair"
Richard glared at bis host and
ground bis teeth In impotent rage At
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09

was not such a bad site for deep wa.
ter harbor after all. and in fact he had
always contended with his father that
II was more advantageously located
for that purpose than Matagorda City
Not only was the situation more cen
trail but 1t offered shorter and more
direct communication with freight
routes and main lines. True. the
country was sparsely populated In It's
vicinity, but settlers would come nat.
urally with the development OF such
an enterprise. Perhaps the Peace
and Good VIII Realty company's rep
resentative was not such an egregious
ass as the Renwyck and Williams fac.
tons supposed.
HAS the new company, In your opin.
ion, any chance of successr he asked
his host.
"Not ghost of It! Now, listen. Here
comes the cream of the joke. The time
for taking a vote on these deep water
harbOr bills In the Texas legislature
had been set for two weeks from now,
but various circumstances have played
directly into my hands. Senator Frank
Rinwait, president OF the Texas state
improvement committee OF the legis.
lature, was closeted with me for two
hours this morning. He is now on his
way to Austin. where my harbor bill
will be passed by both houses immedi-
ately upon his arrival, and the legisla.
ture will at once adjourn"
"You-you mean," stammered Rich,
ard, that you have bought Kinwait-
that
tut, tutp' protested the crafty old
schemer. True, / bought the gentle.
man a lunch at Sherry's, together with
few cigars, couple of cold bottles,
and there were some incidental ex.
penses which ran the price of the meal
up-well, up into six figures, but be.
yond this Mr.. Renwyck paused and
smiled. mo one in this enlightened
age would dream Of buying an entire
legislature. my dear boy. Horribler'
Richard rose from his seat, took a
turn up and down the library. then
faced his exultant host.
"Mr. Renwyck," he asked, aren't
you losing sight of one important fac
tor In the game? From what l have
heard Of him. Bill Williams is scarcely
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09
sum mons.
June Is Wa

Summons.
June Is w-6
State of South Dakota,
County of Day.
Emma Hart, plaintiff,
VS..
Clark G. Hart, defendant.
In Circuit Court, Fifth Judicial Circuit.
The State of South Dakota sends greet
ing to the above named defendant;
You are hereby summoned and required
to answer the complaint of the plaintiff
in the above entitled action which was
filed in the office of the clerk of the circuit
court of Day County, South Dakota, on the
18th day of June, 1908, at his office in the
court house, in the City of Webster, Day
County, South Dakota and to serve a copy
of your answer upon the subscriber, l.. III +.
Woodworth, at his office in the City of
Webster, Day county, South Dakota
within thirty days after the service of this
summons upon you, and If You fail 10
answer said complaint within the time
aforesaid. the plaintiff will apply to the
court for the relief demanded in said com
plant
Dated at Webster S. D., June 10th, 1905.
l.. III. Woodworth,
Attorney for plaintiff.
To Clark G. Hart. the above named
defendant:
You will take notice that the summons
and complaint in the above entitled action
was filed in the office of the clerk of the
circuit court, Day county, South Dakota,
at his Office in the court house, in the City
of Webster, June 18th, 1905.
L. III. Woodworth,
Attorney for plaintiff,
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09
Leaving Home.

/ would give a few words Of encour-
agement to any young man who may
hesitate about leaving home. There is
nothing In the world SO good for a
man, say, between twenty-five and
thirty-five years Of age, especially If
unmarried, as a visit to distant coun-
tries, to learn other tongues, to see new
sights and to experience strange ad-
ventures, such as he may readily en-
counter by throwing aside the restric-
tons Of home life and taking up work
abroad.-Frederic Shelford. B. &c., In
Engineer
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09
Point Not Well Taken.

IT Observe" said the editor of the
magazine, looking over the manuscript
that had been submitted to him by the
aspiring author thereof. that you have
used the phrase lean hours How can
there be such thing as lean hour /"
"Why not2" demanded the other.
''There Is such thing as a spare mo-
ment, isn't y-Chicago Tribune.
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09
Notice TO Creditors.
(Juiy 2-wD

State of South Dakota,
ysS.
County of Day.
In county court.
In the matter of the estate of Nicholas
Reukes, deceased.
Notice is hereby given by the under
signed, Rosa Renkes, executrix of the
estate of Nicholas Renkes, deceased, to
the creditors of, and all persons having
claims against the said deceased, to
exhibit them with the necessary vouch-
ers within six months after the first pub
LEGATION of this notice to the said execu-
trix at her residence in the City of Web
ster in the County of Day, State of South
Dakota.
Dated at Webster, South Dakota, June
30, 1905.
Mrs. Rosa Renkes,
Executrix of Nicholas Renkes, deceased.
Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1908-07-09
CHAPTER XIV.

OIIAT Ell NV.
"O the suspicious adventurer the
first action OF his host was
most peculiar, for without ex-
PLANTATION he closed and care
The San Francisco call., 1908-09-27

combination men turned white. He was
breathin little heavy, but no more'n
man would who had gone a mile, an
he turns to smile at the crowd who
watched him with mouths wide open.
They didn't holler. cause, man dear,
they was too scared. 1t didn't look
right-looked too much like spirits
The Indian said he'd heern of men
who'd sold their souls to the devil and
gut some sech power as this; said they
JUS closed their eyes. took a long
breath, and they was wherever they
wanted ter be. So when he comes up
to the bar the gang presses back and
gives him lots er room. Wasn't until
he speaks thet they coined to.
Says he. in the same oil voice to the
tremblin' barkeep:
Make 1t a long one Bill. cause
there's dust in my thebat."
Bill hands it TO him with a long arm
and they all watches him drink 1T with
out speakin a word. Then they files off
an leaves him alone to hisself
Well. the racin' game was over for a
while in that country. m son. If he'd
allowed he could go from there to New
York in a couple hours none would
have taken him; If he'd offered so to
The San Francisco call., 1908-09-27

"but this time It's toddlin' babe agin
a steam enjine," he says.
Dye know, m'son. what Fergerson
framed up? Nothin' less than a relay
a fresh hoss fer every three miles. An
he had string of the best nags money
could git-every one with a record
When heern of this I came to Cor
coran.
Says I. isn't it bout. time fer me to
git from under?"
No. says he, cool as ever. stay on"
q, haven't failed you yet. have II"
says he.
Maybe my way is bettern fyin',"
says he. I'll use my tenth wind on
this"
Guess there was thousand people to
watch EN- start-another thousand
strewed along the way. and 5000 at the
finish. The thing had got around an
they came into town fer three days
ahead. 1t looked like the week of the
strike In Twin Mountain with all the
gold that came In, the odds went up to
40 and with this went the last red cent
l could beg or borrow.
Morgan was the rider, and it was a
The San Francisco call., 1908-09-27

combat should be fatal to one or the
other"
The feelings of Darcy and Richard
son may better be imagined than de-
scribed. All that Richardson got for
his. efforts to swindle Darcy was the
chance of being butchered to make a
negro holiday. But let us proceed:
"A friend OF Darcy waited upon
Christophe, demonstrated against the
order, and procured the commander of
British vessel of war then in the har-
Dor to do the same. but the president
insisted upon the combat unless
Darcy would pay to Richardson the
sum claimed as the value of the goods.
DARCY having determined not to pay
the money the parties met, but neither
of them was injured On the same day
another order came from Christophe
that DARCY and Richardson should
night again at o'clock on the follow
Ing morning, and that he (Christophe)
would be there himself to see the af-
fair settled The friends of Darcy,
deeming it dangerous for him to re-
main longer at the cape, prevailed upon
MIN to attempt his escape, but he was
intercepted by the presidents order.
The same friends then advised him to
pay the money and preserve his own
life, that of his lawyer and the judges,
all Oh WnOm were In danger from the
parts they had taken. The plaintiff
still refused. About dusk of the same
evening Christophe sent for Darcy
and had a conversation with him, the
purport of which was not In evidence;
but the next day. after the Judgment
or the lower court had been con-
hrmed. Darcy in open court retracted
his defense, consented that both judg-
ments should be reversed, that his
memorial should be burnt by the public
agent and that he should be con-
demned to pay Richardson the $4,000
he claimed and the costs He retracted
MIS- oath also that he owed Richardson
nothing because Richardson made him
remember some facts which his mem
ory did not furnish him when he took
the OATH The court accordingly re-
versed the judgments, condemned
DARCY to pay Richardson the $4,000.
for so much he had engaged to pay
him for Suckley & Co. for merchan-
disc which the latter had delivered to
him as belonging to Mr.. James Lyle.
whom the said darcy represented, for
which the tribunal do reserve TO Mr..
Darcy his rights that he may prose-
cute the same against Lyle or Suckley.
On the 11th of June Darcy paid the
$4,000 and the COSTS
But this was not the end of the mat
ter. Darcy escaped from the hands OF
Christophe and went boiling back to
Philadelphia, where he brought an ac-
tion against Lyle for the $4,000 and
costs he had paid Richardson, upon
the ground that an agent employed in
The San Francisco call., 1908-09-27

consignment OF goods to Sucking & Co.
at Cape Francois, in Santo Domingo,
Remittances were slow, and Lyle hired
Mr.. Darcy to recover his goods, or
money, or both, or either, or, in fact, to
take anything he could get by way of
compromise. Thereupon Darcy set
forth merrily upon his task. His first
mishap was when the vessel IN which
he sailed was chased by French pri-
vateer. Presumably Darcy had taken
passage on an English vessel, be-
cause the United States and France
were then at peace, although shortly
before that time they had been in
state of actual warfare, although war
had not been formally declared Suffice
1t to say that the chase grew very hot
and DARCY threw overheard his power
Of attorney from Lyle. Then his YES
sci escaped from the privateer and he
went on his way happily. Arriving
at Cape Francois he sought out Suck
ling & Co, Mr.. Lyle's debtors, and
stated his errand to them. Sucking &
Co. admitted the debt, delivered the
balance of goods unsold and promised
TO pay the money due upon payment of
a small sum due them by Mr.. Lyle.
So far, so good. But other complica-
tions soon ensued. One Thomas Rich
ardson attached the goods which were
to be delivered to Darcy, who con-
tested the claim. The chamber of JUS
tice of Santo Domingo decreed that
DARCY should retain possession of the
goods upon entering into a bond for
S2,0S9 to produce a true and genuine
power of attorney from Lyle within
four months in the place of the one
with which he had started from Phil
adelphia. and which was then safely
at the bottom of the Caribbean sea,
where DARCY had thrown it from fear
OF being captured by the French pri-
vateer.
This was the beginning of all d'Arcy's
woes He was thereafter TO become ac-
quainted, to his great sorrow, with the
practice of the courts of Santo Domingo.
up to this time (says the report of the
case) Dessalines was emperor, and IA
vored the plaintiff" Darcy was q
happy and a lucky man while Dessa-
lines was emperor. Dessalines was q
person of African scent (as Billy Birch
French. Darcy up to this time had
siderable wisdom. He had certainly
of the mammon of unrighteousness, as
the good book hath IL. But there were
revolutions in Santo Domingo in those
Dessalines became involved in one ot
them, whereby he lost his life, his
crown and everything else.
Christophe, likewise another negro
with French name, succeeded to the
powers of government, under a re-
publican form. Twas ever thus in
The San Francisco call., 1908-09-27

Santo Domingo. In that country reyolu-
tions spring up like mushrooms. EN-
perors, kings, conSuls, judges, stadt
holders and governors follow each
other in quick succession. But de-
spite the title of the reigning ruler or
the form of government the essence
and substance of government is always
despotism, compared with which the
yoke of the czar of Russia Is a mild
tyranny, and the rule of the sultan of
Turkey gentle autocracy. And SO
Darcy soon found out.
Christophe then being Richardson's
friend" and firmly intrenched In
power. bethought himself as to how
Richardson should get the goods back
which he (Richardson) had attached
as the goods of Sucking e. Co. All
this time Lyle was in Philadelphia, en-
joying the goods which Darcy had re-
covered for him. Time went on, and
In 1908, just four years after Darcy (for
Lyle) had recovered the goods, Rich
ardson began suit against him, alleg-
ing that DArcy's suit was fraudulent
and that Richardson was entitled to
have his money back again.
The court decided In DArcy's favor.
Richardson appealed and was defeated
again. The Judgment of the lower court
was affirmed Any other man than
ftlCHaTOSOn would nave thought the
game lost, the jig up and incontinently
left the country But he was a man of
sterner stuff, He applied to his friend,
President Christophe, and that friend
came valiantly to his rescue. The first
thing the president did was to order
D'Arcy's lawyer to be bound and sent
to the fort, there to linger in durance
vile. This is a trick in practice there
tofore totally unknown to the profess
sion. But 1t seems to me that the de-
vice might be put in practice In Cali
fornia with excellent results For ex-
ample. how long would the resistance
of Ruef and Schmitz to the laws of the
land last if their attorneys were to be
sent to Alcatraz island? 1t is impossi-
BILE to conjecture.
But the scheme of Christophe would
not work. The Imprisonment of
D'Arcy's lawyer had no effect on his
hard heart. Darcy, no doubt, was like
the Irish landlord living in Paris. He
received a message from the land
league conveying the information that
If the rents of his estate were not re-
duced by a certain time his agent would
be killed. He briskly replied: IF you
think you can intimidate me by killing
any number of my agents all have to
say is, slay on" Then ChrisDphe got
down to business. He issued the fol-
lowing order. We quote from the report
of the case darcy VS.. Lyle. Binney,
Penn, 442).
ITO this another order succeeded. that
Darcy and Richardson should fight
each other and that the issue of the
The San Francisco call., 1908-09-27

were ashamed to think that such a
par arDarous remedy could be supposed to
exist In England in the year 1918. All
the Judges admitted that the prior ac-
quittal OF the appellee upon the indict-
ment Tor the same offenSe was no bar
Perhaps every member OF the bench
was sorry for IL. Finally the judg-
ment OF the court was pronounced by
the chief justice and is as follows:
Lord Peterborough. c. THE gem
eral law of the land is in favor OF the
wager of battel and IL is our dt1fv 10
pronounce the law as IL is and NOT ss
we may wish II 10 be- Whatever prefII-
d1ces therefore may exist against this
MODE OF trial, still as it Is the law
OF the land. the court must pronounce
Judgment for 1t.
So Thornton's demand for trial of
the issue by wager of batteI was grant
ed. 1t was now Ashford's turn to look
silly and wish he were we'll out OF a
bad mess. The fact OF the business Is
that the circumstances surrounding
the death OF Mary Ashford pointed
plainly to case of suicide. Thornton
proved an alibf by three unimpeach-
able witnesses, the report says
Finally Ashford's counsel apnsaraa
before the court and stated that he
prayed no further Judgment There
upon the court made an order that
the appellee be discharged. which was
accordingly done. and Thornton went
on his way rejoicing
This story is almost beyond belief
But those who doubt it are referred to
the case OF Ashford VS.. Thornton
Barnewall & Alderson's reports. at
pages 405-461
The thought that such proceedings
were In accordance with the law OF
England as IL then was in 1918 gave
sucn shock TO public opinion that in
1918 parliament passed a statute abol-
ishins wager OF battel and blotted IL
out forever. But IL had a long life.
from the time of the Norman invasion
IN the eleventh century until 1918
NOW there had been a long interval
In england between this case OF Ash
lord vs. Thornton and its predecessor.
which took place in the reign OF queen
Elizabeth
The last trial by batteI that was
waged IN the court OF common pleas
at Westmlnster Though there was one
IN the court of chivalry in 1881 and
sn ssnosner IN the county Palatine OF Dur
= sul IN 1851 was in the thirteenth year
OF the reign OF Queen Elizabeth A. ID.
1911, as reported by Sir James Over
ana was held in TothilI fields West
nllnster, non sine magma puris consult
Drum perturbatione" (not without great
disturbance of the 1awyers), saith Sir
Henry Speiman. who was himself a
Comme ntaries vol 3. D. 500.
Appeals Of murder. treason and fell
ony were all abolished. as well as
wager OF battel. by the statute 50,
George III. c. s5 (1s19).
The San Francisco call., 1908-09-27
By Crittenden Thornton

THERE was at one time in the his
tory Of mankind a form of judicial
proceeding which smacked of bar
barism. Not only so. It was wholly
barbarous. The purpose Of the pres
ent paper is to show its last two ap-
pearances upon the stage OF human
events. 1t viii no doubt be strange for
men to learn that the last two exam
pies OF wager Of batteI may be found
in the American and English reports in
the nineteenth century. Wager of bat
tel Eve preserve the ancient speIling)
takes place when an accused person or
defendant, against whom a charge is
made by the oath Of his adversary. de-
MES the charge. and challenges his op-
ponent TO mortal combat. The lawsuit
or charge brought was determined by
the event OF the combat II the ac-
cuser was victorious and slew his ad-
Nersary the case was ended by the re-
suit OF the contest. All the goods of
the accused were forfeited to the
crown. II, on the other hand, the ac-
cuser was vanquished, the accusation
fell, the accused was acquitted and all
the goods OF the hapless accuser were
then forfeited to the king.
To many persons II would seem that
this was a very sorry and insufficient
remedy; that the chance of vindication
by killing your adversary depended not
upon the right or justice of your cause,
but upon the physical strength or ex-
pertness with his weapon Of one or the
other contestant True, much stress
was laid in ancient times upon divine
interference. and it was generally as
sumed that the Almighty would inter-
vene on behalf Of justice and the right.
Ike he did in the celebrated case of
David and Goliath. Napoleon once said
that Providence was on the side of the
heaviest battalions."
There were some mitigating circum-
stances about the demand of wager of
oattel- Il the accused was a woman or
minor abe or he might decline the
combat Erd the accused would then
go free 70 be sure, she might ac-
cept tho Challenge and appear by her
champion, who would maintain the
light for her. But the consequences os
defeat were too severe for many men
70 undertake this arduous Office
In 1904 one Darcy. a person of raer-
camille habits and an adventurous
disposition, set out from Philadelphia
on visit 10 the island OF Santo Do
mingo. He was willing to undertake.
any commissions with which he might
be intrusted 10 be fulfilled upon h.y
journey. IL happened that Mr.. LYLE.
likewise Of Philadelphia, had sent a