davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal., 1908-12-07

way Co, and release under seal was
executed by the plaintiff and delivered
10 the defendant in consideration Of
the payne mt to him of $500 in cash and
the assumption by the company of all
hospital expenses and surgeons bills.
Put this settlement was repudiated by
the plaintiff and it's validity denied on
the ground that as a result Of the III
jury he was in such feeble condition
of body and mind AT the time of the
alleged settlement that he did not have
sufficient mental capacity to under
stand the questions involved in the set
tlement."
1t is not contcnded in behalf Of the
plaintiff that any tions
OF fact we're made by Mr. E'arr during
the negotiations for 4 settlement or
that the release was obtained by any
fraudulent methods 1t is not attacked
on the ground Of fraud Nor is there
any suggestion that apart iro,n the ef-
feet of the injury. and the medical
treatment the plailtiff Was not =, man
Of good int"lliSanc and full legal COM
potency to make contracts and transact
business. The validity of the, release. is
denied solely on the ground that by
reason Of the alleged septic poisoning
and the influence of morphia admin
istcred to relieve nis zSufferins,4 the
plaintiff did not have sufficient mental
capacity and strength to appreciate
the existing conditions and to make
tie contract of settlement comprised
ir the release signed by him.
.2ut it satisfactorily appears from
no tac of hn ,lisipfnroc%a1 4
surgeons who had charge Of the case,
based upon personal observation of the
patient as well as the hospital chart
that whatever his condition may have
been weeks or months later, there was
nothing Oh the morning of the settle
ment to indicate that he was not then
in normal condition of mind, possess
ed of sufficient active memory to coll
lect all of the elements of the business
to be transacted, and sufficient mental
POWER to form rational judgment in
relation to them. And probative force
of this testimony was not overcome or
materially affected by the plaintiffs
evidence. t '
Upon full consideration 1t is therefore
Tic opinion of the court that there was
rot sufficient evidence TO warrant the
special finding of the jury+-that the
plaintiff did not have sufficient mental
capacity to comprehend the questions
involved in his negotiations for a set
tlement of his claim. AS observed by
this court in a recent case analogous
to this, Settlements are favored by
the law; but If they are to be set aside
upon the urcOrroborated testimony Of
the claimant, though made in writing
and signed by him. there will be little
use in making settlements.
The certificate must accordingly be:
Motion sustained. Verdict set aside.
Received Dec. 4.
Daily Kennebec journal., 1908-12-07
BowDolN COLLEGE.
Good Progress Made by Management
of the Minstrel Show.

Brunswick, Me, Dec. 6.-(SpeciaD.-
by the minstrel show management in
the planning of their entertainment.
Although they are still sitting down
the available music they have definite
ly decided on some novel features both
for the olio and finale. We intend
said Manager Webster, ''to produce
some novelties the like OF which have
never before been tried by Bowdoin
minstrel artists. But in order to carry
out our plans successfully and pro-
duce the best effects for the members
that we have decided upon, it is abso-
lutely necessary that the men of the
college come out and support the show
by good attendance at rehearsals."
Some of last years cast are still in
college and these amen have again
signified their Willingness to do all in
their power to further the success Of
the entertainment. w. r. Crowley
who so effectively served as inter
locutor last year, has consented to oc-
cupy the chair in this year's~perform-
ance. r. Smith and Sheehan may
again be expected to be seen on the
ends, creating all kinds Of funny dis
turbances The other end positions
are not settled definitely although sew
eral excellent men are under consider
alton.
During the past few weeks Manager
Webster has received several tempting
out of town offers. These offers in
clude Lewiston, Augusta and Bangor.
Nothing has been absolutely decided
in regard to taking the show out Of
|, Brunswick since that matter will de-
| pend entirely on the character of the
Show which is produced on the opening
might If the entertainment is at all
good, for financial reasons, an agree
nlent will probably be closed for one
or more out-of-town performances.
| As coach, the management has
secured Robert A. Toothaker. For
| four years Mr.. Toothaker has sue
cessfully directed Bowdoin minstrel
| show productions.
Daily Kennebec journal., 1908-12-07

u. Alden Lor1ng is a field naturalist,
whose training comprises service In the
biological survey of the department of
agriculture and ir the Bronx Geological
Park, New York City, as we'll as on nu-
merous collecting trips.
Major Nearns will be the physician of
the trip and have charge of the Smith
sonian portion of the party. ),
No fears need be entertained for the
Presidents safety from the attacks of,
man or beast, as every member of the
party is an excellent rifle shot.
THE party will reach Mombasa in
April, 1909. No detailed itinerary has
been decided upon. but the general route
will be up the Uganda railway to Mai,
robi and Lake Victoria Nyanza, a dis
tance of about $50 miles by rail, thence
crossing into Uganda and finally pass
ing down the Nile to Cairo. Much OF the
hunting will be done in British Tast AZ
RIGA. where the Uganda railroad can be
used as a base Of supplies and means OF
ready transportation. At least one great
mountain, possibly Mt. Kenia, will be
visited. .st' j.
"khartonm will be reached, If all goes,
wsh about April. 1910 The expedition,
may be: expected to spend about one year,
on African soil" =,
Daily Kennebec journal., 1908-12-07
PRESIDENTS HUNT.
Continued on Page Ten.)

place has been made, except the gen
eral route to Lake Victoria Nyanza
and thence down the Nile to Khartcum,
where. it is expected, the party will
arrive about April, 1910, making the
Presidents stay on African soil about
one year.
The President Saturday invited Rep
rcsentative Humphrey. of Washington
state to take look lat the new rifle
" hich he will. carry into the jungles
Of Africa. The gun is the heaviest
i:albrc of smolSeless rife made and will
i}ring down any large game under the
size of the elephant or hippopotamus.
Representative Humphrey, who has a
reputation as a hunter OF large game
IL Alaska, approved of the President S
,un. The official statement says, in
part:
I'm March. 1909. Mr.. Theodore Roose-
welt will head q scientific expedition TO
Africa. starting from New York City.
Besides the President and his son, Ker-
NIT Roosevelt. the personnel of the party
on leaving New York will consist of
three representatives of the Smithsonian
Institution. Maj. Edgar Il. Nearns, med
ical corps. u. $. A. Cretired).. Edmund
Heller and ]. Alden Loring. On arriving
in Africa the party will be enlarged by
the addition of r. J. Cunninghame, who
is now in Africa preparing the Presidents
outfit He will have charge of number
of native porters. who. with necessary an
imals, will be formed into small cara
van. -s.t-,-t .a.
''Mr. Roosevelt and! his son will kill tbs
big game, the skins and skeletons OF
which will be prepared and shipped to the
United States by other members OF the
party. Mr. Kermit Roosevelt is to be
|'the official photographer of the expedi
ton.
"The national. collections are very de-
ficient in natural history materials from
the dark continent, and an effort will
be made by the expedition, to gather gen
eral collections in zoology and botany
to supply some Of it's deficiencies; but the
main effort will be to collect the large
and vanishing African animals.
'Mr. Cunninghame. who is now engaged
in assembling the materials for Mr.
Roosevelt's use, has been employed to ac
| as guide and manager of the caravan. HI
is an English fieldman, who has guided
| numerous hunting parties in Africa am
| who was chief hunter for the Field Co
| lumbian Exposition.
Edmund Heller, a graduate of Stan
| ford University, Glass Of 1901, is a thor
oughly trained naturalist, whose speoia
work will be the preparation and pressr
walton Of specimens of large animals. A
present he is assistant curator of tn
museum Of vertebrate zoology Of the UNI
versity of California.
Daily Kennebec journal., 1908-12-07
- g.
Rebekah Sewing Circle
Serves venison Supper.
ST. Com. Gale Presents Iron
Gate to Maple Cemetery.
Christmas ptans-.. Notes of a Per-
sonaf Mature-.-8usiness.

Mr. and Mrs. William Black of North
Attleboro, Mass, returned to their
home last week, after Il visit with Mr..
Blacks sister, Mrs. j. l.. Cobb.
A set of iron gates surmounted by
an aich bearing the inscription Maple
cemetery" has been presented to the
town by Street Commissioner Charles
Fl. Gale and is now being set up at
the entrance of the cemetery
Edwin Wadsworth made business
trip to Waterville Friday.
Mrs. Alice Stewart and Miss Maude
Buker of Gardiner were in town the
last OF the week.
M. u. Deal has returned from New
buryport and is working in the hard
ware store for A. M. w. Smith.
Mrs. Rose Caron passed Saturday
with her daughter Valentine in Lewis
ton.
Ethel Staine of Portland is visiting
,.er parents Mr.. and Mrs. e. r. Stalne.
Rev. r. A.. Rich preached at the
Methodist church yesterday on THE
Way into a Condition of Blessedness.
Miss Hazel Shaw and Mrs, Leona Tor
scy sang &, duet. ta.,-...
| Christmas will be observed at the
Methodist church with the usual tree
and concert. The entertainment Is IN
charge of Miss Sadie Bailey and Mrs
r. A. Rich and the music. Mrs. Carrie
Osborne, DR.. S. NJ. Cover and MISS
| Hazel Shaw. ..t.
| The Rebekah Sewing Circle was en-
tertained by MS. Warren Macombel
| Friday evening at Venison supper. A
delicious banquet was served at which
| 21 were seated at the tables. Ihe
| ellests were: Mrs. H. r. Benson, MISS
Edith Benson, Mrs. Nellie Page, Mrs
| Allie Perry, Mrs Everett Alden, Mrs
/ Millard Norcross. Mrs. J. Fl. Bates
| Mrs e. S. French, Mrs. B. w. WOOD
| Mrs lizzie Richardson, Mrs Johf
| Tall Mrs. Lille Carr, Mrs. Guy berry
| Mrs E. S. Clifford, Mrs. c. &. Long
fellow. Mrs. J. A. Foster, Mrs. u. \
Merrill. Miss Alice Hopkins and MRS
George kimball.
1 Nomination of officers was made bri
dav evening at the meeting of the New
i England Order of Protection.
Daily Kennebec journal., 1908-12-07

THE LATE JOSEPH &. ATKINS.
pired his heart ceasing to act. He had
been troubled with his heart more OF
less although there had been no serious
manifestations of it before.
Mr. Atkins was born at South Gardiner
Jnlv 10, 1S15, the son of Joseph c. and
Iucy Newell Atkins. He attended such
schools as the village afforded and early
commenced working on the river on the
logs. He was for a time in the livery
stable business in the building on Church
street which was removed to make room
for the new Coliseum. In 1s49 he went to
California, where he was g miner for
about two years, but did not succeed III
accunulatng a great deal of gold. After
his return he went into the lumber bust
ness again, in which he was very sue
cessful. In 1865 he went into the manu-
featuring business with the late f. T.
Hayes under the firm name OF X. T.
Hayes & Co., running the mill on dam
No. 3, the site of which is now occupied
by the pulp mill. The affairs of the mill
were settled up in 1900.
He was a considerable owner of tim mbel'
lands in company with the Shaws, but
nd all his interests a few years ago.
He was an active man while he was III
business and for 80 years was president
or director in the Kennebec Log Driving
Co.. Of late years he had devoted his at
tention to farming and his investments.
He was the senior trustee of the Gardi-
ner Savings Institution and president o.:
the Gardiner National Eank, and mis- loss
will be hard one for those institutions,
as they depended largely upon his j.ids-
ment in the matter of investments.
Mr.. Atkins was married Jan. 6, 1856. to
Esther A. Atkinson in Pittston. Four
children were born to them. all of whom
are dead. A daughter was married to
DR.. f. M. Putnam, and their daughter,
now Mrs. William CHM of this city, is
the only remaining member of the fam
lily except his four-year-old great-grand-
son, Joseph Atkins CHM, who was a great
delight to him. Two brothers, Frank OF
Wisconsin and John of Minneapolis. and
two sisters, Mrs. Conwell of Columbus
Wis.,, and Mrs. r. A. Brann of Minneap-
oils, survive. The latter and her daughT
ter, Miss Gertrude. will arrive here Mon
day night.
The expressions of sorrow at Mr. At
hns death were many and sincere, tor
everybody who knew him respected MN.
He was kindly, honest man, whom no
one would have doubted. and no word OF
detraction could be said against him. He
vas a quiet man and had no liking for
public office. although his fellow citlzeh7
would have been glad to have mad nl.t'
accept anything they could give nm. III ;
death is a loss to the community as "e''
q 70 his more intimate friends.
The funeral will be held at O'Clock
Tuesday afternoon from his late nome
In ,Farmingdale.
Daily Kennebec journal., 1908-12-07
WITHOUT THE TREASURE.
Harvard Treasure Seeking Party
Reach New York Empty -handed.

New York, Dec. 6.-The Harvard
treasure seekers, as they have come to,
be known, returned empty handed to- =,
night from Kingston, JAM, on the
steamer Admiral Dewey. After the
first chartered vessel, the old time
racer Mayflower was abandoned, the.
men set out again on their mission,
which was to recover the gold sunk in !
spanish galleon off the coast off,
Jamaica. They cruised in the schoon~ ,4
er Sea Gull, returning to Kingston I
Nov. 3O The prize hunters ara
stephen Noyes, Harvard; H. l.. Cor-s;
bett, Buck" Harrison and Roger Dar-,-
by, Harvard. I :.
Daily Kennebec journal., 1908-12-07
nEATH OF JOSEPH c. ATKINS.
------ ..4s~%ase.
One Of the Best known kennebee
un,bermen Dies Suddenly Saturday.

The report Saturday morning that Jo-
..nh e. Atkins was dead at his home i'm
r,arincdale was Il shock to Gardiner
.oonle as it did not seem possible that it
sould be true, for he had been an exam
,,e Of vigorous old age.
Mr. Atkins was down town Friday af-
,.,rroon as we'll as usual, and retired at
,,s nsual hour. About midnight he COM
a,o,ned of stomach trouble and DR.. Gid
dings was called and relieved him. al
though the attack was followed by
sra,nns in his limbs. At about o'clock
- +he morning he got up and walked
.round a little to relieve the cramp. He
Nod returned to bed and had but got the
aoyerings over Elm when he suddenly ex-
Daily Kennebec journal., 1908-12-07
Granite Hill Notes.

The following names were on the roll
If honor at the Intermediate school
last week: Sadie Hall, Charlie Hall
leslie Hail. Earl McNaughton, Lola
Kelley, Louis Mcdonald, Allen Norton
Katie Sellar Charlie Gipson. Ada Nigus
Charlie Norton. Ralph Atherton, Her
bert GIBSON. Margie Norton.
Mrs. Georgia Boiler and Miss Clara
johnson were recent visitors at c. s
NortonS.
Mrs. Jamie Clark of Gardiner and
Miss Abbie Hatch visited Mrs Julia
Gipson recently
Daily Kennebec journal., 1908-12-07
Colby Notes.

The following officers have, been
chosen by the Colby Athletic Associa-
tion for the coming year: President,
John Maxwell, 10; vice president,
Charles Swan, 10; treasurer, Prof. II.
r. Hatch; secretary, Raymond Bridges,
II; association buyer, Prof. John He'd
man; executive committee from the
student body, Seniors, Guptil, Chap
man, lFoye: Juniors, Maxwell, Good,
Swan: Sophomores, Bridges, Rogers,
Walker; Freshmen, Sinclair and Baker
Daily Kennebec journal., 1908-12-07
YESTERDAYS FIRE,
Small Blaze or Lout.on Hili-kerosenc
Used in Thaw;na Pipes.

An alarm of fire was run in yGSter-
day noon at che Baptist church for
Wpat proved to het'a slight blaze AT
Lpudon nil at the residence of L.. j..
DWyer.+ Thi' Grcmen from Loudon hill
We're tn" iiT"J to respond and succeeded
IA quenchfns the flames before much
damage hakt been done. The Hose team
from the T1a:iin station made quick time.
to the scene and the II. & l.. was close.
behind. The fire was caused by the
t1awing out of water pipes with the.
use of kerosene oil
Daily Kennebec journal., 1908-12-07
SPARKS FROM MAINE WIRES.

The agitation in Saco for the purpose
of bringing about the transfer Of the
county seat from Alfred to that city has
stirred the whole county. Sanford and
Kennebunk want it. too. Committees
have been appointed in Kennebunk to
conc,ct tl.e campaign and a meeting will
be held by the Board Of Trade in Saco
Monday evening, while Sanford has a
meeting planned for the near future and
Alfred is getting ready to oppose every
move that may be made.
Daily Kennebec journal., 1908-12-07

Martin Smith was at the police stalio"
Friday night as lodger. Saturday morn
ing as Deputy Sheriff Burns was soih7
down street Smith came tumbiing To-
wards him across the street. Sherih
Burns says he does not generally n':she
speciality of local DRINKS. but when ties
come to him he has to take them, anu ne
iocked hin. up. Late in the afterhoon
ne was given hearing and was sent ~
,ah for 90 days. 1t is s'lrmised that ne N
was disappointed that he didn't get :"
daya -f't
Daily Kennebec journal., 1908-12-07

HalloWell Commandery, L. o. G. c.,
OF this city has decided to present the
popular play "Among the Breakers" in
the near future. This play was present.
ed some 10 years ago by class of our
High school students and drew forth
much pleasing comment. The parts
VIII be taken by some of the leading
local talent of the town. Miss Maude
Andrews OF Augusta will probably have
il i'm charge
Daily Kennebec journal., 1908-12-07
WEST GARDINER.
Mrs. John S. Dudley.

Mrs. john S. Dudley died at her
home in West Gardiner Sunday, aged
50. The deceased was the daughter: of
Thomas *. and Amelia Lord OF w est
Gardiner. Two sous, Edwin G. Dudley
of Augusta and Charles H Dudley OF
IIalloWell survive. The funeral will be
held at her late residence Wednesday
at II O'Clock in the forenoon.
Daily Kennebec journal., 1908-12-07

Rev. ]. r. Clifford of the Methodist
church was confined to his bed Sunday
ry illness. Elder Kinball of the City
Mission o:flciated at the Methodist church
in the morning in his place. Mr.. Clifford
was to have attended the funeral of the
late Arthur P. Ring, and Rev. l.. e.
Clarke acted in his stead. He expects to
be up again today.
Daily Kennebec journal., 1908-12-07
CONDENSED DISPATCHES.

George Slack, aged 13, son of George
Slack of Methuen, Mass, fell through the !
ice and was drowned on My site pond Sum-. !.
day. Young Slack lost his life through
his efforts to save his younger nrothers;s.
Arthur, aged II. who had fallen into the
water while playing on tho Ice. Arthutui
was rescued by John May.i The body or,
the drowned boy was recovered. ss.as
Daily Kennebec journal., 1908-12-07

Miss Edra Beede is making visit with
Mrs. S. NJ. Paterson, VINO was near
neighbor of hers when Mr.. Paterson was
of the Commonweaita
factory. Miss Beede will go from there
to. Mt Holyoke College and make Visit
with the Gardiner students there, return
irg home with them when they come for
the Christmas vacation.
Daily Kennebec journal., 1908-12-07

Several parties went to"camp Saturda,'
to remain over Sunday. This is a good
time to be in camp. but it isn't so pleas
ant going and coming While the roads arc
SO rough and the weather SO cold. as i;
is at some other seasons of the year.
Daily Kennebec journal., 1908-12-07
HALL0WELL.
Death Of James N. Mig
neutrality-suspicious..
Schooner Mary E. 0Iys Barely
Escapes Passing Winter Here.
Firemen Called Out Sunday BY a
Small Blaze on Loudon Hill.

James M. Mignault died about 5
o'clock Sunday afternoon at ms fo'iie'
No. "a Winthrop street. aged 90 seaia
The widow survives. Mr.. Mlgnauit was
horn in Quebec and was an ehslhee'
bv trade. He was a member OF Saheor',
Lodge, No. 93. /. o. o.. +. the lunera'
win he held at 2.30 Tuesday afternoon
from the Methodist church.
Daily Kennebec journal., 1908-12-07

The members of the Degree of Hon
OF are earnestly requested to be at the
hall by 7.3O Friday evening, the occa-
sion being nomination Of officers and
work of the degree team. Every MEM
Der interested in the degree team .
especially requested to be at the hail
early.
Daily Kennebec journal., 1908-12-07

Ihe Young Ladies' League of the Old
eonth church met Saturday with Miss
f1afdlng at her home on Page street.
Daily Kennebec journal., 1908-12-07

<Tbe Old South League will meet at
90 monday afternoon with Mrs. Chad
bourne.
Daily Kennebec journal., 1908-12-07

ne coal vessel Mary E. Olys has left
Hamlltons wharf, leaving just in time
to escape being closed in by the ice.
Daily Kennebec journal., 1908-12-07

Gen. Tilden Camp will meet at 80
tonight for the annual meeting and
election of officers. Every member is
earnestly requested to be present.
Daily Kennebec journal., 1908-12-07

Inc Graves corner, belonging to l..
H. Brown of Burlington, Vt, is being
extensively repaired by T.. S. Gillev
and crew.
Daily Kennebec journal., 1908-12-07

The baptism that Nas to have taken
place, at -he Methodist. church Sunday
was postponed on account of the Illness
of Rev. Mr. Clifford!
Daily Kennebec journal., 1908-12-07
RESCR|PTS,
Three Just Handed Down
By the Law Court
Cumberland, Knox and Saga
dahoc Cases Decided.
Exceptions Granted, Demurrer 0v-
erruled and Verdict Set Aside.

The following rescrpts have been
received from, the law court by Clerk
of Courts4C W. Jones:
Cumberland County-Dora L. Spear VS.
City OF iWeStbrook. Rescript by
Whitehouse, J.
In an action on the case to recover
damages for personal injuries received
by the plaintiff by reason of an alleged
defect in a sidewalk, the language OF
the plaintiffs written notice to the mu-
nlclDal officers is: II sustained an in
jury to my person badly
bruising myself and sustaining other
bodily Injury of a serious nature" This
notice fails to give a sufficient spcci-
fication of the nature of the plaintiffs s
injuries. The statutory requirement Of
the IA days notice has never been con-
struea to impose upon the sufferer
any unreasonable or burdensome duty.
He is only required to give the defend
ant town the benefit of all the infor
nation he possesses relating to the
bodily injuries lor which he claims
damages He is rot compelled TO spec
lily. on predict thr effects and conse-
quenceS Which may nr may not flow
from such injuries. The results may
DE neither known nor .anticipated at
thc time of rrepa sing the notice But
he may reasonably be, required to de
scribe the physical conditions caused
by his Injuries fully and frankly ac-
rording to the best of his knowledge
and information The plaintiff, it is
true. states that she was badly bruised,
but a hruise is only a bodily injury
without I;tceration and like other bod
ily injuries. has the attributes of To-
caiity. The notice fails to specify up
on what part of the body the bruises
We're received, whether upon the head
or back. the arms or legs or to state
in what manner and to what extent
the bruises affected her. The severity
and critical nature of an injury obvl-
ously depend largely upon its local
ity, and it is important for the mu-
nicipal officers to be informed wheth-
er the bruises are upon a vital or 9TH
er less vulnerable part of the body.
She could not be expected to anticipate
nor reasonably be required to specify
in her notice that she would SuHer
from "rraumatic NeuraSthenla" or
nervous prostration, as the result OF
her bruises and injuries, but it would
not have been difficult for her to state
upon what part of her body the bruises
and injuries We're received Tne SUI
ferer can recover damages arising from
such injuries as are thus specified in
his notice and for the results actually
flowing from such injuries. although
those results may not be anticipated
or described in the notice.
ture of the injuries themselves is
sufficient notice of the results which
actually flow from them. The fatal de-
feet IN the plaintiffs notice is her fan
ure to specify the nature Of her IN
iurics. Upon the authority OF previous
decisions it must be held insufficient.
Exceptions sustained. Received Dec.
4, 1905
Daily Kennebec journal., 1908-12-07

Rehearsal of the officers of Jerusalem
X. y. Chapter at O'clock this evening
and II is important that all make a
special effort to he present. ,. it,.