davidaulloa/AmericanStories huggingface dataset:
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-09-30

appealed.
Mr.. Justice Jones: The decree of
the supreme court on the former ap-
peal, formulating a scheme of par
tition, was direction Of that court
and not a mere suggestion.
Such direction is within the powers
of court Of chancery in the admin
istration of justice and equity to all
concerned.
1t Is immaterial whether the per-
sons charged with making the parti-
ton be designated as appraisers" or
as commissioners"
In order to overthrow the valuation
made by the commissioners in partition
1t must be shown that it is so
grossly incorrect and unequal as 70
justify an inference that the commits
sioners acted from an unfair and i'm
proper motive. Is s. c. 800, 56 S. E.
ss7; Is s. c. 4ss: 70 s: C. ss4, go s.
E. 94S.
A careful examination of the testi-
mony discloses no ground for dis
turbing the circuit courts conclusion
sustaining the valuation made by the
commissioners.
The fact that the plaintiffs made
and secured a bid for one Of the par
cells at material advance on the
valution placed thereon by the COM
missioners did not entitle the plain
tiffs to have such parcel sold instead
Of assigning 1t to certain of the
parties.
The doctrine Of Moore vs. William
son. 10 Rich. Eq. 325, Is inapplicable
to this case.
The allotment Of one Of the parcels
to one Of the parties. coupled with
the requirement that such party pay
a certain sum Of money, to effect
equalization. is justified by the facts
and circumstances which induced the
same.
There is no law requiring the Judge
to view the premises in partition pro-
ceedings, and 1t is not error for him
to decline to do so.
Where an order making certain
substitutions Of parties Is agreed on
but not signed, the omission is a mere
inadvertance which may be corrected
by the taking Of proper orders after
remand to the circuit court.
The Judgment below should be af-
firmed.
Mr.. Chief Justice Pope and Mr..
Justice Gary concur.
Mr.. Justice Woods: I concur on the
ground that the judgment Of the su-
preme court in the former appeal re-
quired an actual partition Of the land,
according to the scheme therein laid
down. But for this I think the parties,
would have the right to bring the
several tracts of land to a sale. by
giving adequate assurance to the
court that they would bid more at
the sale than the assessed value, un-
der the rule laid down in Moore VS..
Williamson. 10 Rich. Eq 323.
Judgment below affirmed and case
remanded.
Mr.. A. B. Stuckey, Mr. Geo. john
stone for appellants; Messrs Lee &
Noise, Messrs. Haynsworth & Hayns-
worth for respondents.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1908-09-30

FOR SALE By ALL DRUGGISTS
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
CREATES NEW RECORD
DIXIE II SPEEDS AT RATE OF
1874 AN HOUR.

NEW YORK, August 5.-All motor boat
records went by the board in Long Island
sound yesterday. when the little Dixie II,
which won the Harmsworth cup from the
British challengers on Monday. carved
her name in letters of foam on the west
ern ocean hall of fame by covering a
measured mile in Hampstead bay at the
astonishing rate of 364 miles per hour.
This not only eclipses the record OF 344
miles claimed for the Duke of West
minister's Wolseley-Siddeley craft by two
miles per hour. but also suppiants the
thirt = fve-mile- sn-hour record of the
Fren>x Panhard Teller boat at Monaco
1t also proved beyo1,. shadow of doubt
that the American defender could have
gone conside rably faster in Mondays race
if she had been pushed.
The trials were official as they were
timed by members of the New York iacf t
over the government measured mile in
Hampstead bay.
The course Is exactly one and one-tenth
knots or nautical miles in length. and the
Dixie was given four trials, two with and
two against the tide.
In addition to the officials and news
paper men the guests on the tug G. P.
Raymond. which was used as one of the
marks. included Baron Won Sippenbach
the Russian consul in New York; Dallas
P. Plat. Maj. Creighton Webb, Col. Lam
sion, Ernest Lorillard, Lacells Chester
Maxwell and ]. Fred Tams.
AS neither Capt Pearce nor Engineer
Rappuhn had fully recovered from their
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05

terrible encounter with the gasoline fumes
in Mondays race. Clinton H. Crane, the
designer OF her hull. steered the boat,
while his brother. H. Nj. Crane who de-
signed her motor, handled her engine.
The first trial was against the tide run
ming south along the shores of Howard
Goulds estate.
After brief preliminary marine canter
Skipper Crane headed her for the line,
and. with her bow lifted clean out of the
water almost to her midship section and a
wake of creamy foam dancing and swirl
ing astern. the flying Dixie swept over the
line. and the next instant, except for her
snowy wake, nothing more was seen of
her until about two minutes later a falling
flag announced that she had swept over
the finish line.
Two minutes ten seconds was the official
time. or at the rate of 81. IL miles an
hour. or over three miles an hour faster
than she did on Monday.
That's against the tide" grunted Capt
Pearce. wait till she comes back. she
will Go thirty-six all right" he added.
The captain was right, as, after two or
three false starts. the Dixie made the re-
turn trip in minutes > 2-5 seconds. which
figured out at the rate OF 36 40 miles
an hour for the Ito miles.
Two more trials were held with and
against the tide, in 300 % and 2O5 %
or practically the same speed. The aver
age speed on the first round was 35 20
miles per hour. and her second trip was
made at a 80 S5-m iles-an-hour gait
TIE Dixie II after her trials was taken
to City Island. where she will be pre-
pared for the races of the Chippewa Bay
Yacht Club. which will be held in Alex
andria bay. ST. Lawrence river, on Au-
gust p. 20 and D.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
GLEANINGS

Left Fielder 'Stork' EdmonstOn Is built
something on the style of a giraffe. This
is the season that he nips all of the high
balls he can get. Go the limit, "Stork"
Harry Niles, the ex-Brown, who is
now playing the outfield for New York,
leads in making two hits per game with
90, with Rossman and Mcconnell a close
second with o.
Cobb holds the record of making four
hits per game. having cracked out a
quartet of bingles ten times. Stone, the
ex-champion, and Stovall are tied with
eight each for second place.
You can't make the Detroit players be-
lieve they are not destined to carry off
that championship for the second time.
1T. looks much easier than at this time
Jennings. I'VE have got the measure of
the other cities. and all we ask is to
escape serious accidents to our regular
men,"
There is great speculation among the
Chicago fans these days whether Fielder
Jones will take Frank Isbell off first base
and put "Jiggs" Donohue back when
the first baseman is fully recovered
from his lame ankle and the recent at
tack of appendicitis.
The work Isbell has been doing at first
has been of high order and his hitting
has also been great help to win games
since he has been back with the team
'Ty' Cobb. the champion batter of
the American League. is one of the four
players In that league who has cracked
out five hits in game this season His
I'VE hits netted him total of nine
bases. he having two doubles and triple
The hits were made off Vickers, Schlitzer
and Maxwell July at Philadelphia.
Schaefer of the Tigers also holds the
title Of five hits per game made at Cleve-
land, April II. when he made four singles
and a double
Hartzell the St. Louis Browns clever
ail-round player. May 30. in the morning
game against Thielman and JOSS was
credited with five singles.
D. Sullivan. June 6, cracked out three
singles. double and triple off Mullin
and Willetts.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
Craft in the Shipyards.

The large sloop-rigged canoe which 10
being converted into a power launch for
o c. Ketcham and others Of this city. az
Regan's boatyard. is rapidly approaching
completion. and will be ready for her first
cruise on the Potomac Sunday next. TIE
engine and machinery Of the launch ara
in position but some little work remains
to be done on the interior of the new
cabin. and this is delaying the going Into
service of the craft.
Frank II. Walker Of this city has re-
Gently purchased. il is stated. large
power launch from parties in Baltimore
to replace the launch destroyed by fire
at Colonial Beach several weeks ago. The
new launch is said to he handsome and
very speedy c~afr. and will be ready 10
come TO the Potomac i'm a few days. Mr..
Walker Will use his new craft for trips
bet ween this city and Colonial Beach.
The launch Little Johnnie. one OF he
feet of pleasure boats owned at THIS city.
is out on the marine railway at Regans
for an overha1ling of her hull and for
cleaning and painting. The little craft
will be put overheard by the end OF the
presen; week and will at once return TO
Service on the river.
The sail yacht Edna Earle. owned at
Alexandria which was hauled out on the
marine railway at Spices boatyard at
Alexandria, was put overheard yesterday
after receiving "A general overhauling. The
launch. with q pleasure party aboard, will
sail in a day or two on ten-day trip to
Colonial Beach and other points on the
river. -. -
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
SANFORD COLORS IN FRONT
SIR JOHN JOHNSON wits THE
HURON HANDICAP.
Mediant Captures Two-Year-old
Handicap-Pins and Needles
Among the Winners.

SARATOGA. n Y, August Gen.
Stephen Sanford. the nestor of the
American turf, won his first race of the
season yesterday. His home-bred colt, Sir
John Johnson, won the Huron handicap
by leading from start to finish. Just be-
hind him were Harry Payne Whitney 8
pair, Royal Tourist and Delirium.
When Sir John Johnson dashed home
In front the crowd. almost as one man,
turned toward the box in which the VEN
cradle turfman sat and cheered him
heartily for five minutes. When the cheer
ing was about to close the band started
up Hail to the Chief" and the demon
stration of good will was renewed. Gen.
Sanford acknowledged by bowling re-
peatedly.
The Whitney pair were top-heavy ia
vorites at 1 to in the betting. A. j.
Joyner, their trainer, on behalf of Mr..
Whitney, had declared to win with Royal
Tourist. In order to favor Royal Tourist,
Notter, who rode Delirium, ruined the
chance of his horse by holding him back
under choking pull after he had beaten
the start several lengths. Royal Tourist
ing as the pacemaker with Sir John John
son. as Dugan had intended to do he had
to make up several lengths of lost ground
to reach the leaders.
MeOldHt won the HfSt race. a OdSh OF
five and half furlongs. for two-year-olds.
running the distance in LOS. equaling the
track record made by Ada Nay in 1902.
She led from start to finish and had plenty
of speed in reserve. Preceptor was second
until the last half furlong, where he
stepped on a stone twisted his ankle and
pulled up lame
The summarizes:
First race, handicap: for two-year-olds: five
Is to 5. g to 5 and to 5. won; Sea Cliff. iO7
ceptor. l20 Notter)., to 2, even and / to ..
boo. Hoffman, Direct and Madman also ran.
Second race, for three year-Olds and upward:
selling: one mile-Pins and Needles 1O6 (Sweetl,
5usanj to s. to and to 4. second: II Polly IL,
I' Time "1t - to koe aS Import to and
half furlongs1Hish Range liz Shilling . t to
49, to 5 and ! to 4 won; The Gardener. 1o2
third Time. los rs. Midshipman Easy, varia.
ton Rock Ore Lasata and Clef also ran
one mile and 9osu
Johnson. a5 'Sweet,. 3 to l. to and out won
Royal Tourist liz e. Dugan,. 2 to and out
ssf% r Rsp@ s 97 S1t to and
selling, six fnrlongs- woodcraft, - sweet,
even. to 8 and 1 to 8. won; Adrinche. log
lime I'm a %drna t" Whip io' Top to and t Ardr
also
Sixth race. maidens; three year-olds and up:
ward; selling: nile-Gramsar. ~ tE. Dugsn,.
to i. s t" and to 2 won: Iorenia - Sweet.
Time. Ia 3-5. Florence III. Tender and True,
Punch. Admiral Dot and Queen Lead also ran.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
Is LULLABY A NOISE?
Police Want to Know if Mothers
Song Is Lawbreaker-

NEW YORK. August 5-The Brooklyn
police were trying yesterday to solve a
poser having to do with Gen. Bingham's
anti-noise crusade. The problem involved
the nightly singing of a lullaby by a
mother to her babe. Borough Inspector
Flood received in the mail a card signed
Mrs. Snyder" the writer complaining
that woman living in ID place was MAX
ing public nuisance of herself by sing
ing at all hours of the day and night
will you please stop her singing
wrote Mrs. Snyder. She keeps us awake
all night. and when we go to sleep we
are awakened by her at dawn
No one could be found in the neehhor-
hood of I'd place and Court street who
knew Mrs. Snyder" When the woman
complained of was seen she was indig-
nant
Why" said She, 1.-The only time I sing
Is when l lull my little boy to sleep at
night. / never heard of this Mrs. SNYDER
and think this is bit of spite work on
the part of somebody"
Neighbors of the woman said that she
had a sweet contralto voice." and that
they enjoyed hearing her sing
why. Melba amt got nothin' on her
asserted one of them enthusiastically. II
just wish Hammerstein could hear her
tear off few warbles'
The police are undecided as to whether
sweet contralto voice" lifted in cradle
song constitutes noise nuisance
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
THOUSANDS OF MELONS.
North Carolina and Eastern Shore
Sending in Big Loads.

Watermelons from the little one that
retails for ; cents up to the big. red. ripe.
luscious fellow for which the uptown
dealer charges a half dollar. ara on sale
at the 18th street wharf market in large
quantities.
From this time until cool weather YES
sells will be coming in port daily laden
with the fruit. This morning fifteen YES
sells were lying at the wharf market with
melons aboard. They came from North
Carolina. from the eastern shore OF Chesa-
peake bay. from the tributaries OF the ba Y
on its western side and from the Poto-
mac. and they are of all shapes. sizes and
varieties.
The fleet had aboard between 25.0O0 and
$4,000 melons. and they are in good d -
mand at prices ranging from 81 per hun
dred for culls up to SIS for selected
Florida favoriteS or other varieties The
melon crop this year will be very large,
according to reports. and prices will be
lower than for several years past.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
Baltimore amd Ohio r. r.

LEAVE NEW UNION STATION.
ROYAL BLUE LINE.
EVERY OTHER HOUR ON THE ODD HOUR"
NEW TO FH4xpP san AHR AEW n X3RK KoRK
1000 am. Buffet. Parlor. 5-hcur Train.
1900 am. Diner and Pullman Parlor Car.
t11.O0 am. Diner and Pullman Parlor Car.
100 pm. Diner and Pullman Parlor Car.
.3.co pm. Royal Limited" All Pullman. 6hi.
800 p. M. Diner and Pullman Parlof.
500 pm. Coaches to Philadelphia.
s12 90 pm. Sleepers.
s2.52 am. Sleepers
=. ATLASTIc CITY. roo. 900. f11.oo an.
EVERY HOUR ON TIE HOUR"
TO BALTIMORE.
w tsoo da {sso %: 7o o. t. SO too
soS 10 e j. .cso
t7oo:: 800. 1880. 1000: 1873. 'ii.s5: 900
pm.
o,,,c. WESTWARD.
CINCINNATI. ST. LOFTS and LOUISVILLE.
,PMTsBgRG. 's.io an. e. 's.lo pm.
80 night.
CLEEXELAND. .o1o pm.
WINCHESTER. - 10 am. t4.os. 800 pm.
IA HSsE S. S,%, 80 an, $500 Pm
ts g; $500 $40 s and $50 81. P;%; 49,.
TELEPHONES at all Of the following ticket
Offices: 1417 G ST. NV. Main 1891: $40 Penn.
.y:ni; s Main rs New Union
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
BOER CHAMPION POLISHED OFF BY
FIGHTING DICK f1YLAND OF FRISCO

showed was a weak left that Hyland
sized up in about thirty seconds. After
that the Boer was entirely at the mercy
of the shifty youngster from the coast
1t was pretty tame affair all the way
There was little action and this was
crowded into the last round. In this con-
Guiding chapter Hyland simply laid it all
over the Boer. Twice he dropped Rudifer
with right swings to the jaw. and. though
on neither occasion the Boer took the
full count. he was evidently very much
to the bad when it was all over.
Cnholz adopted a style of milling very
similar to that used by Battling Mel
son. He kept boring in all the while and
clinching repeatedly. The referee had
great difficulty in keeping the combatants
apart. There were few telling blows ex-
changed in the first five rounds.
Hyland who soon had his man sized up
kept ripping vicious right and left upper
cuts into the Boer as he came to close
quarters. but none of these seemed to
feaze Cnholz In the least. 1t was only in
the last round that Hyland was able to
punish his man. In this session he
rushed the Boer all over the ring landing
at will. and had Rudifer in distress at the
bell
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
THos. ;. OWEN & son. AUcr1oNEERs.

TRUSTEES SALE OF VALUABLE IMPROVED
REAL ESTATE BEING THE s-ROOM AND
BATH DWELLING NO. ISL HARRISON
ST. ANACOSTIA, D. c.. WITH LARGE
BRICK RAKE OVEN AND STABLE FOR
HORSES: LOT 2ix13O FEET.
By virtue of a certain deed of trust duly re-
corded in Libsr No 1921. folio p. ct seq OF the
land reco of the District of Columbia and at
the request of the party secured thereby the
undersigned trustee viii sell at public auction
in front of the premises, FRIDAY, THE
SEVENTH DAY OF AUGUST AID 1908 AT
HALF-PAST FOUR O'CLOCK PM, the follow
ing described land and premises situate in the
county of Washington. District of Columbia and
designa led and being lot numbered 3O1 in Fox
and Van Hooks subdivision of Untontown now
calle! Anacostia. as per plat recorded In the
Office of the surveyor for the District Of Column
lila. in Liher Levy Court 2. at folio 49, together
with the improvements
Terms Of sale: One-third Of the purchas Sc
money TO be paid in cash. balance in two equal
instailments. payable in one and two years with
interest AT six per centum per annum. payable
semi annually. from day OF SALE secured by
deed OF trust upon the property sold. all cash.
500 will be required at time of sale. All con
yeyanciDg. recording. etc at cost Of purchaser
Terms of sale To be complied with within fifteen
days from day Of sale. otherwise the trustee
reserves the right to resell the property at the
risk and cost of defaulting purchaser after five
days advertisement Of such resale in some news
PAPER published In Washington. n C.
The WASHINGTON LOAN TRUST CO.
Trustee.
ty2I-d&ds. eXSu
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
WALTER B. WILLIAMS & CO.. AUCrs.

TRUSTEES SALE OF VALUABLE IMPROVED
BUSINESS REAL ESTATE AT THE INTER
SECTION OF PENNSYLVANIA AVENUE
AND ROCK CREEK.
By virtue OF a certain deed OF trust recorded
in i-iber No. 1925. folio 332 ct sea- one Of the
land records for the District Of Columbia default
having been made I'm the payment Of the note
secured thereby. and at the request Of the party
secured. the undersigned trustee will sell at
public auction. in front of the premises, on
Tuesday. THE ELEVENTH DAY OF Ar
GUST. a ID. 1905. AT FIVE O'CLOCK PM the
following described land and premises in the city
of Washington. District OF Columbia, and desig-
mated as part OF lot two t2,. IN square west OF
ginning at the southeast corner OF Id lot and
running thence northeasterly along the easterIy
line of said lot 1O6. Al fet thence orthwe -terIy
along the north line Of said lot 60 feet: thence
sOuthwesterly lO6S SIS feet TO point on the
nOrtherly line of Pennsylvania avenue distant 70
feet from rhe beginning. and thence southea ST
ery along said avenue 20 feet to the place of be-
ginning
Terms Of sale: Sold subject to a FIRST deed Of
trust OF IS. 600. of which 81 600 Is overdue and
must be paid. One-half of the purchase money
20 be paid in cash over said s.. 900. the balance
In one year al per cent interest. all cash n,
the option of the purchaser secured v deed OF
trust on the property sold. All conveyancng re-
10 be complied with within fifteen DAYS from
day Of sale. otherwise the trustee reserves the
right 10 resell the property az the risk and cost
OF the defaultinS purchaser. after five days ad-
vertisement OF such resale in some newspaper in
Washington n. &.
I. CABELL WILL HANSON. Trustee.
aul-d&dS 55S La.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05

NEW YORK. August 5.-Rudifer I'm
holz, the Boer champion. was polished off
to a lemon finish by Fighting Dick Hy-
land of San Francisco in the wind-up be-
fore the Navarro a. c., at Timer Park,
last night.
The showing of the Boer was distinct
disappointment ITO the packed house which
turned out to pay homage to the re-
nowned lightweights. Unholz. who had
never previously shown in this city. was
generally credited with some amount Of
ring generalship. 1t was believed he
would be able to at least give Hyland
some kind of an argument, despite the
fact that he is best at long distances.
But the manner in which he handled him.
self left complete wonderment in the
minds of fight fans as to how he ever
got reputation.
There was never a moment from the
time the boys toed the scratch till it
was all over that Hyland did not stand
out head and shoulders over his an
tagonist. The only thing that the Boer
Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-05
FIGHTS AND FIGHTERS

Jim Stewart. the New York heavy
weight, was given a chance to show his
form in that city last week in a bout
with Morris Harris. the colored heavy
weight. He beat Harris without much
trouble. but he showed that he will never
be championship possibility
y X X
Jack Hanlon is very anxious to get on
a match for Young Loughrey with Willie
Fitzgerald at 133 pounds. or he will be
glad to hook Loughrey up with Tommy
Murphy or Dick Hyland at the same
weight. But neither of those boxers seem
to want to box Loughrey on those condi-
tons.
The English boxing critics are pleased
with the style of ring work shown by
that he is a much better man with the
gloves than Tommy Burns.
Joe Thomas. the California middle
weight who fights Stanley Ketchel a
twenty-round bout at Jack Gleason's club
in San Francisco August Is. saw the
fight between ketchel and Hugo Kelly
Friday night. What do you think of
your chances with Ketchel. Joe?" he was
asked by one of his friends. Il think I
have a good chance Of winning. as We
are going to fight at catchweights. which
will be of great help to me-" replied
Thomas
Abe Attell. the featherweight cham
pion, and Owen Moran, the English fight
er. both arrived in San Francisco last
night. When both fighters had been in
formed by Fight Promoter Jim COffroth
that Jim Jeffries had refused to referee
their championship fight Labor day after
noon they Immediately announced that
they would meet today. sign a new set
of articles of agreement and select a
referee. Jack WEIGH will probably get
the job
Stanley Ketchel. the middleweight
champion, did not realize much out Of his
victory over Hugo Kelly at San Fran
cisco Friday night last he only receiving
$2.673. which included the extra 10 per
cent bonus of the receipts. Kelly, Tor
being knocked out, got 81 1886 and an extra
500 for travelling and training expenses.
The receipts of the fight were extremely
disappointing. there being only $3.50
taken in at the door,
Jimmy Britt is some pumpkins in Lon
don just now. Notwithstanding all the
anti-British fuss that the American team
stirred up. James is in great demand
Since Tommy Burns demonstrated so for
chilly what the big fellows can do over
there, the Strandites are anxious to know
whether the small fry are just as clever
And James is a demonstration of first
water.