davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19

that she would offer and had offered
no compromise or other inducements
to get Dayhoff to tell. buI she realized
that she had a judgment which was
probably worthless, and wanted to try
to get at the bottom of the false
charges
ct don't think it would be natural"
replied Judge Magaw, for anyone to
go to an opponent after bitter law
suit and try to persuade that opponent
to divulge Information, just as a mat
ter of accommodation. l don't know
what Mrs. Burton offered Dayhoff but
it seems natural that she should offer
not to begin criminal prosecution if
he would give this desired informa-
ton. We hold that this criminal
prosecution was started merely for
the purpose of forcing Dayhoff to
make certain concessions"
Judge W. E. Atchison. assistant
county attorney, was present at the
hearing before Governor Hoch, and
declared that it rested entirely with
the county attorneys office that the
criminal prosecution had not been
commenced sooner.
about the time this article was
printed" said Mr.. Atchison, Mrs.
Burton came to County ATTORNEY
Schenck and wanted a complaint. Mr..
Schenck didn't like to take up the case
because there seemed to be some poll
tics in it, and it was not certain that
Mrs. Burton had a case. He advised
her to bring a civil action, and if she
could establish her case, he would
then issue a complaint. Mrs. Burton
did this, and got judgment. She at
once renewed her application for a
complaint and after putting her off
several times, MIR. Schenck felt that
he could no longer refuse. But this
shows clearly that Mrs. Burton was
DESTROYS of bringing criminal action
from the outset and that this charge
is not trumped up for the purpose of
assisting in the collection of her judg-
ment."
Mr.. Magaw contended that since
Dayhoff STAYED in the state for six
months after the lbellous article was
published, and then moved to Kansas
City to engage in business, without
any effort to conceal his Whereabouts,
he could not be considered as "fugi-
tive from justice"
Mr.. Troutman replied to this that
any person accused or crime who goes
to another state, and refuses to re-
turn, is in a legal sense fugitive from
justice.
An affidavit by Mr.. Dayhoff was
read, in which he stated that Mr.. and
Mrs. Burton had visited him in Kan
sas City and threatened to bring GRIM
inal proceedings unless he would pay
the $4,000 judgment. A counter alfi-
davit was read from Mrs. Burton
denying any such affair. She admit
ted having visited Dayhoff in Kansas
City. and tried to secure settlement,
but denied that the criminal prosecu-
ton was mentioned.
Neither Mr.. Dayhoff nor Mrs Bur-
ton was present at the hearing. After
listing to the arguments of the attor-
news. Governor Hoch took the ques-
ton under advisement till p. m.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
FOUND IN RIVER.
Body of Albert Miller, Who Escaped
From Asylum. Recovered.

The body of a man supposed to be
Albert Miller, an escaped inmate of the
Topeka insane asylum, was taken from
the Kaw river just before noon today
at the foot of Kansas avenue. The body
Is badly decomposed and appears TO
have been in the water for several days
though the features may be recogniz-
ed.
]. H. McClain and Grant Doty, two
young farmers living near Della were
crossing the Melan bridge and when
Just beyond the center span OF the
bridge they noticed a dark object in
the water beyond and near the water
edge on the north side or the river
Approaching they found that 1t was
the body of a man which had lodged
on a pile of debris between the MEAN
and street car bridges.
They notified a policeman but in the
meantime a fisherman with boat
drifted in sight and he fastened a wire
about the body and attempted to tow
IL TO shore. The current was too strong
and he abandoned the attempt and
started for the south shore of the
stream with the body and drifted to
the foot of Monroe street. Man number
Two in a motor boat then took charge
of the body and towed it to the foot
of Kansas aver ne on the south pahk
where it was landed.
The body is that of man perhaps
40 years of age. five feet eight inches
in height. dark hair inclined to be
curly. but cropped close to the head
and with a short black mustache. The
body was dressed in light jumper
pair of overalls, but no underclothes. a
pair of light socks and pair of near
IN new shoes. There was nothing IN
any of the pockets by which the body
could be identified.
The description fits that of Albert
Miller patient at the state insane
ASYLUM from Sumner county who made
his escape Monday afternoon and who
has not been seen or heard OF since
late in the evening of that day. he
has been in the asylum for five or SIX
years and while regarded as incurable
was also regarded as harmless and as
sisted with the work about the inst1-
tuition.
Monday afternoon he was assisting
in unloading a wagon of coal and ask
ed permission to get drink. He failed
TO return and a search was Instituted
and he was tracked to the bank or the
river and here all track of him was
lost Dr. Biddle. of the state insane
asylum. was notified Of the finding OF
the body of the man by State Journal
representative and stated that he be-
ueves it to be that of Albert Miller
and an attempt Will be made to ident1-
fly it.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
Short-Lived Doctors.

Physicians, with all their knowledge
of drugs and the laws of hygiene, are
as a class short-lived, which fact
seems surprising to their patients.
But as a medical journal says, the
doctor who made his own health his
chief concern would have to retire
from business i norder to see to 1t.
The general practitioner tells you to
eat regularly and sleep seven or eight
hours every night. He recommends
change of air and scenery now and
then. Yet you find him day after day,
driven by demands of his profession,
swallowing his meals in a hurry. going
without sufficient slumber, and hardly
ever taking a vacation.
Longevity Is not for him.
A patient, however, makes q sad
mistake Who refuses to follow the adj
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
NEW BUSINESS BUILDING
To Be Erected at Number 9O9 Kansas
Avenue.

Gotta business building will be
erected by Mrs. Elizabeth Norton at
900 Kansas avenue Immediately. The
cost has not been fully determined
but it will be somewhere in the
vicinity of $4,000. At present the site
of the new building is occupied by an
old stone house which has been
tenanted by negro families. j. c. Hol-
land. the architect. is planning the
building so that additional stories can
be erected upon it without altering it
in any manner.
o. M. Whitlow has been granted a
building permit for the erection of a
dwelling on lots 5591z and SCI Van
Buren, street to cost $4,000.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
LOCAL MENTION.

If you want all that is good in to-
bacco try Eagles Rost Tint cent
cigar. This cigar is the largest seller
in Topeka and can be had from all
dealers. throughout the city.
A l.. Thomas received his new four
cylinder auto this week and with the
aid of a county map and a cyclometer
has set out to break all touring records
for this section of the state. He made
the trip from Kansas City in four
hours.
Have you tried the Big Tromp cent
cigar?
Subscribers and others are always
welcome to inspect the exchange of
the Independent Telephone company.
Experts say this exchange Is the best
equipped in the west, and that it would
be almost impossible to improve the
service.
The George Wilkerson arrested Sun
day night by the police while in a dis
orderly house is not an employe of the
Santa Fe Railway company.
DIR. S. Temple. Osteopath. 735 Kansas
ave. Ind 1912. Res. STA. Bell 1885.
Regular dinners served daily at
Vinewood park Cafe. Hours IL to
and from $50 to s p. m. Try one at
IS cents. Fridays fish. Mrs. f. NJ.
Burnett, caterer.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
blind to prepare a proper exhibition
to give information relative to Esper-
anfO
PASSES 400 MARK,
The Pennant Fund Is Still Slowly
Growing.

The $500 mark in the raising of the
pennant fund has been reached and
a small margin above that amount
was promised to the fund at noon to-
day. The pledges have been coming
in somewhat slower this week, but
with the team at home and winning
nearly every game there will be but
little difficulty realized in raising the
coveted thousand.
The present standing of the fund is
as follows:
Previously reported $780, IS
Colonel H. c. Lindsey. ....... 800
a. O NdSel z-VU
The following persons contributed
81 each: A. G. Spurlock. E. E. Har-
rison, Marceline, Mo-, E. H. Travis. F.
S. Crane. T. L. Barnes. w. H. Ruff,
Archie Williams. L. Guild. C. E. Curry.
d. Lakin, Mike Murray, w. d. Shee-
han, F. P. Evans. Florence tombstone
40 cents.
Total, $4O65O.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
LIGHTNING HITS CHURCH.
First Methodist Spire Is Slightly
Damaged.

During the severe electric storm
which visited Topeka between and 5
O'Clock this morning a bolt of light
ming struck the spire of the First
Methodist church and ripped off a strip
of shingles for half of its length. The
church spire towers high above any
thing else in that portion of the city
and has been struck several times in
the past though then as now the dam
age done was trifiing. Several timbers
on the interior of the structure were
splintered and outside of this and the
damage done to the roof of the struc-
ture the loss is light and covered by
insurance.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
Hotel at Dents Run Burns.

Brookville. Pa, Aug. 19.-The hotel
at Dents Run was consumed by fire
today. There was a house full OF
guests. whose escape by stairways was
cut off, and several of them were al
most overcome before rescuers reach
ed them. Some of the guests were
compelled to jump from upper win
dows, but escaped unhurt. Loss
$4,000
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19

at Junction City. McGregor who is
named as the person selling the beer
is said to be a bootlegger and has been
engaged in that sort of thing in and
about FIT. Riley according to the re-
ports received from there. McGregor
is white man. 1t is presumed that
the money which was necessary to
purchase the beer in carload lots was
furnished by another resident of
Junction CITY.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
DEATHS AND FUNERALS.

The remains of Charles c. Jones,
who died at Albuquerque, n. M, ar
rived in this city today and the
funeral will be held from the Penwell
undertaking rooms Thursday morning
at 10 o'clock. Interment in Topeka
cemetery. Bertha Jones, a daughter,
lives on West Sixth street in this city,
another daughter, Mrs. Harry john
son, lives at Albuquerque, and Clay
Jones' a son, lives in ST. Louis.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
Esperanto for the Blind.

Dresden, Aug. 19.-The Esperan-
lists who are holding their fourth in
ternational congress here have decided
to publish books In Esperanto for the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
FLEET IS SIGHTED.

American Battlesllips Seen ApprOaC1l-
ing Australian Shores.
Sydney. N. s. W., Aug. 20.-6 a. M
The American battleship fleet has
just been sighted from the shore.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
Mt. Clemens. the Mineral Bath CITY,

is reached without change of cars only
by the Grand Trunk Railway System.
Time tables and a beautiful descrip-
tive pamphlet will be mailed free on
application TO Geo. w. Vaux. A. G. p.
& T. A.. 1S5 Adams St. Chicago.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
ELEGANT DnCEC $500
HOMEGROWN NUCEC PER DOZEN
Ind. ~ HUBBARD s.n,o
$50 Kansas Ave.
$40 Kansas Ave.

vice Of the family physician simply on
the ground that the physician doesn't
practice what he preaches.-Boston
Globe.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19
Silver Buying Resumed.

Washington, Aug. I9.-The treas
ury department today purchased 1OO.-
600 ounces of silver for delivery at
New York at 51.517.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-08-19

To our many friends and neighbors.
we desire to extend our thanks for the
Kindness and sympathy shown us dur
ing the illness and bereavement OF our
beloved wife and mother.
w. r. JONES AND FAM1Lx.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24

due in the race, IS the holder of the
record between Norfolk and this city.
She made the fine passage of 81 days,
aud it is doubtful if her time viii ever
be beaten, now that the number of
sailing vessels has decreased TO such
a great extent.
The Irmgard is still strong favor
tie among those who know on the water
front. She is one of the cleverest of
all the smaller vessels which come here
and has again and again made fine
passages If the wind is not altogether
too heavy. it is thought that she will
beat out her competitors by fair
margin. The Fort George is the second
choice. with the Phelps very close
third All hands figure the Gerard G..
Tobey. as an also ran. She is not sup
posed to have the class of the other
vessels, but a few of the wise men on
the front would give their month s
salaries to see her come IN ahead, as
Captain Scott is a great favorite in
the city.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24

IN THE CIRCUIT COURT OF THE
FIRST CIRCUIT, TERRITORY OF
HAWAII = AT CHAMBERS. IN
PROBATE.
In the Matter of the Estate of Ben
jatnin Franklin Chapman, Deceased.
Order of Notice of Hearing Petition
for Allowance of Final Accounts,
Distribution and Discharge.
On reading and filing the petition
and accounts of Robert William Cath
cart and Samuel Gardner Wilder, ex-
ecutors of the viii of Benjamin Frank
lin Chapman. deceased. wherein they
ask to be allowed $11.379.53 and they
charge themselves with $l2,36S.63 and
ask that the same may be examined
and approved, and that final order
may be made of distribution of the
property remaining in their hands to
the persons thereto entitled, and dis
charging them from all further re-
sponsibility as such executors,
1t is Ordered, That Monday, the 10th
day of March, A. d. 1908. at ten O'Clock
a. M, before the Judge of said Court
at the courtroom of said Court at Ho-
nolulu, Island of Oahu, be and the
same hereby is appointed as the time
and place for hearing said petition and
accounts, and that all persons inter
ested may then and there appear and
show cause, if any they have, why the
same should not be granted, and may
present evidence as to who are emit
tied to the said property. Also thai
notice of this order shall be published
once a week in the Pacific CONNER
cial Advertiser newspaper, printed and
published in Honolulu, once week fol-
three successive weeks, the last pub
Mcation to be not less than ten days
!! previous to the time therein appointed
for said hearing.
Dated at Honolulu, this 2Srd day Of
January, 1905
ALEXANDER LINDSAY, JR.,
Second Judge, Circuit Court. FRS
Circuit
Attest:
JOHN MARCALLINO,
Clerk
Kinney & Marx for petitioners.
7s44-Jan. "a, 81: Feb. Z, Il,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
MORTGAGES HER PATRrMoNY.

a mortgage was fled yesterday from
Agnes Soares and her husband Manuel,
to J. Alfred Magoon, trustee of the
estate of Susie F. Cartwright ct al,
by which the mortgagor conveys by
way of mortgage certain property and
an undivided one-fourth interest in all
the lands and other property of her
late father Manuel A. Barete. The
Barete estate is one that has figured
extensively in the courts for the past
two or three years
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
NO STEAMERS

There was a good deal of dfsappoint-
ment yesterday on the waterfront,
when the two steamers which were ex-
pected failed to show up. It was
thought that both the Hilonian and
the Hongkong Maru, would surely ar
rive, but up to a late hour last night
neither of them had been sighted.
Rough weather is probably the reason
that the vessels are late. Both should
be off the harbor tnis morning at day
break
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
sHERIFF s sALE NoTIcE.

Under and by virtue Of Writ of
Execution issued by the Honorable
Frank Andrade. District Magistrate Of
Honolulu, County of Oahu, Territory Of
Hawaii, on the 2ud day of January,
A. d. 1908, in the matter Of Y. M.
Wee, plaintiff, against Y :, Wakamoto,
defendant, I did in said Honolulu,
County aforesaid on the 9TH day Of
January. A. D. 1905, levy upon and
shall offer for sale and sell at public
auction to the highest bidder for cash,
at the auction rooms of J. r. Morgan,
on Kaahumanu street in said Honolulu,
at IL o'clock noon of Tuesday, the 18th
day of February, A. d. 1908, all the
right, title and interest of the said Y
! Wakamoto, in and to the following
personal property, unless the sum Of
/ One Hundred and Seventy-one and 81
100 ($17L91) Dollars, that being the
amount for which said Execution was
issued, together with interest, costs,
my fees and expenses are previously
paid:
1 Mosler safe, clock, ] letter
press, / writing desk, ] meat safe, !
ice chest, Z tables, pictures, benches,
kitchen utensils and lot flower pots,
chairs, etc, etc.
Dated Honolulu, January s, 1908.
C. p. IAUKEA,
Sheriff, County of Oahu.
7a21-Ian. g. 10. "a. Feb. 10.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
MELODRAMA At ITS
BEST IN COOLEY'S PLAY

Under Sealed Orders y presented last
night at the orpheum by Frank Cooley
and his company, is one of the strong
est meledramas offered since the sea-
son began. It is a long, heavy play,
but it holds the interest of the specta-
tors from beginning to end, its story
being an absorbing one and the final
act being particularly strong. Every
one who attended last nights perform-
ance will agree that the advance state
ment that Under Sealed Orders" is
out of the ordinary run of melodramas
in plot and Characterization is true.
The play opens in the Algerian foot
hills, where a squad of British secret
service men are camped, engaged in
a hunt for Andrea samson, a French
criminal who has stolen the English
crown jewels From here the play
jumps back to London for two acts,
and thence again to Algeria, the final
act being in ruined temple in an
oasis OF the Sahara OcSCLt
Mr. Cooley as Tom Melville, a young
lieutenant in the service, who falls in
love with a beautiful half-caste Alger-
ian girl, had strong part of the
romantic order and acted it splendidly
throughout Miss Kingsbury as the
Algerian girl had the only really i'm
poftant female character in the play,
and her work was all that could have
been desired. George Kenneth played
the part of Samson, the criminal, who
is much after the style Of Svengali in
.Trilby'' and, like Svengali, hypno-
list Samson is as villainous a charac-
ter as was ever put upon the stage and
Mr.. Kenneth brought his villainy out
in excellent style. Charles Dey was
another who made much out of long
and difficult part, that of traitorous
member of the secret service who allies
himself with Samson. The cast was q
long one and all the other characters
though of somewhat minor Importance
were well acted.
The play will doubtless be given ar
even better presentation tonight.
Will be played tonight, tomorrow night
and at the matinee tomorrow after
noon.
The Eldids presented their bicycle
act following last nights performance
and again made an immense hit. Mr.
Fldid had another narrow escape from
injury last night One of his most diff
ficult and spectacular feats is TO rae
on one wheel of a tandem bicycle, ne
being straddle of TIE other wheel abou'
ten feet in the air. The chain on thf
lower wheel broke last night, pltchlns
Mr.. Eldid violently to the floor. For
tunately he suffered no injury except
slight abrasion of the leg.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
ELECTION OF OFFICERS.

AT the annual meeting Of stoclShold-
ers of the Kona- Kau Telephone & Tel
egraph Co, Ltd, the following-named
gentlemen were elected as officers OF
the company for the ensuing year:
President. ................J. A. Mcguire
Vice President John Gaspar
Secretary and Treasurer. L. $. Aungst
Auditor. .............-,W. II. Green"eh
Directors .........-.......'.....
NJ. F. Scott. 6. c. Hewitt and Jo-
seph Pritehard.
L. S. AUNGsT.
Secretary.
January Il 1903. 7942
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
NOTICE OF INTENTION TO FORE
CLOSE AND OF SALE.

CIOSE AMI OF GEAhi1-
Under or by virtue of the power Of
sale contained in that certain mort
gage dated the 10th day OF February,
1902. made by Rebeka (widow) OF Ho-
nolulu, oahu, Territory of Hawaii, as
mortgagor, to Kilauea Sugar Planta-
ton Company, a Californian corpora
ton. as mortgage. and Of record IN
liber 230, pages 949-344, Hawaiian Reg
istry of Conveyances; and pursuant
to Section 2161 (Chapter l39l1of the
Revised Laws ofuHawafi the under
signed, Kila6ea Sugar Plantation
Company, hereby gives notice that IL
intends to foreclose the said mortgage
for condition broken, towit: the nom
payment of principal and interest Sc
cured by the said mortgage when due
Notice is hereby likewise given that
the property conveyed by the said
mortgage viii be sold at public auc-
ton, at the auction rooms Of James
F. Morgan. s57 Kaahumanu street.
Honolulu aforesaid, auctioneer, on
Saturday, the 25th day Of January,
1908. at twelve o'clock noon.
The property conveyed by the said
mortgage to be sold consists Of:
All that certain parcel of land sit
uate at waipake. Halelea, Koolau.
Kauai, being a portion Of the land de-
scDbed in Royal Patent No. 1886, L. G.
A. No. 6730 to Naeole, and bounded
and described as follows, to-wit; Com
rencfng at a stake and running
l. y. $50 w $40 feet adjoining Kono-
hilfi.
H. n. 16s f. $50 feet adjoining Kono-
hiki;
3. s. So E. 10 feet adjoining Kono-
hik:
e. n 90 F. 100 feet;
s. S. So F. 4Ts feet;
g. s. 2 W. 425 feet, to place Of be-
ginning:
Containing an area OF acres, and
being the premises conveyed 20 Re
beka W. by deed of Ana KIM (w)
dated April -, 1890. and recorded in
liber 125, page 172. Hawaiian Registry
Of Conveyances.
Terms: Cash, United states gold
ooin: deeds at expense Of purchaser.
For further particulars. apply 20
Holmes. & Stanley. Kaahumanu street,
Honolulu. attorneys for mortgage, or
James F. Morgan, S57 Kaahumanu
street. Honolulu. auctioneer.
Dated at Honolulu this oath day OF
Decera6er, 1907.
KILAUEA SUGAR PLANTATION
co.
By ". N. GIFFARD.
It's Attorney In Fact.
79z0-Dec. q; Jan. 3, 10, II. "A.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
STOCKHOLDERS MEETING

OF HAMAKUA DITCH COMPANY,
LIMITED.
Notice is hereby given that the an
nual meeting of the stockholders of
the Hamakua Ditch Company, Limit
ed. will be held at the office of Thomp-
son & Clemens. 9 Campbell Block
Fort and Merchant streets, Honolulu,
on Thursday. the Both day of January
1908, at 9 O'Clock a. m, for the pur-
pose of election of officers and for such
other business as may be brought be-
fore the meeting,
Dated. Honolulu. January %. 1898.
CHAS. F. CLEMONS,
Secretary. Hamakua Ditch Company,
Limited.
7942-Jan. %, 27, 30.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24
NOTICE

Notice is hereby given that H. Sing
Fook has sold all his interest in that
certain leasehoId from B. p. Bishop
Estate to Pang Chong, dated Dec. 13,
1901, recorded in Hber 233, page 49,,
situate at the cor. Beretania and Mau-
nakea streets, on Jan. 90, 1908, 10 the
undersigned.
79n HOY on SOCIETY.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-24

Have you secured your copy Of Pic
turesque Honolulu i? Tt is the most
beautiful souvenir of Honolulu ever is
sued. Fifteen cents a copy ready for
mailing.