davidaulloa/AmericanStories huggingface dataset:
The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-09-10
MANSLAUGHTER BY AUTO
MOBILE.

The recent conviction of the
chauffeur, Darragh, before Judge
Mulqueen in the Court of General
Sessions of the City Of New York,
and the imposition upon him of a
severe sentence were strongly APP
proved by public sentiment. 1t
was generally recognized, in COM
ments by the press that this prose
cution would have a salutary eff
feet as an example. In that case,.
as we remember; there were GER
tain aggravated features. 1t was
claimedo the part Of the prose-
cution that death might not have
resulted if the chauffeur had stop
ped Immediately, instead of drag
ging the person who was struck
for some distance in an endeavor
to escape arrest and detection. 1t
was only natural and proper if the
Jury found that the defendant had
been guilty of such conduct to con-
Wet him of manslaughter and sub
ject him to very serious punish
ment.
The moral effect Of the Darragh
case will be emphasized by the re-
cent decision of the Third Appel
late Division Of the New York SUI
preme Court, in People V, Scanlon
and Albro MAY, 1909, 1T N. Y.
Supp. 55), affirming the conviction
of a chauffeur for manslaughter.
Although the car was not stopped
and no suggestion that the injury
to the victim was aggravated by
the chauffeur conduct after the
collision. 1t appeared that upon
June %, 1907, one Jared Francis
co was driving toward the village
of Arkville, in the town OF Mid
dletown. in the County of Della
ware. He was driving a single
horse attached to a buggy in which
he was riding. He had with him
boy by the name of Harry Gordon.
When within one mile Of this vii
LACE the right wheel of the buggy
collapsed. Both Francisco and the
boy were thrown, and the boy fell
at the feet of the horse. By rea-
son of injuries which he received
from the kicking Of the horse he
died upon the succeeding day. At
the time that this buggy wheel col
lapsed an automobile was passing,
and it is claimed that the buggy
was struck by the automobile and
thereby caused to break down.
These defendants have been
charged by the jury with the neg
ligent running Of this automobile,
whereby the collision was caused,
and the death Of the boy. The de-
PENDANT Albro was the owner OF
the automobile, and was sitting up
The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-09-10

came together; that the automo-
bile tracks showed no DEPRESSION
from the main travelled highway
and indicated no attempt on the
part of the driver of the car to
turn out in the least. In view OF
this evidence it might well have
been found by the jury that the
carriage was struck by the auto
mobile and pushed over through
the sod until it caused the right
hind wheel to collapse. The evil
dence does not make it clear
whether or not the buggy was act
ually thrown over onto the sod
and was afterwards tipped back,
or whether it simply dropped to
the ground after the wheel was
crushed. The boy was apparently
thrown out over the dashboard.
It would seem as though there
must have been something more
than the mere collapsing Of the
buggy. Possibly the jerking OF
the horse was also an element
which contributed to the accident;
but that would not relieve the de-
PENDANTS if the defendants negli-
! gence were the proximate and eff
cient cause thereof The inference
from the whole case, which seems
to me irresistible, is that this buggy
had gotten just beyond the beaten
track Of the road, and that the
Jerking of this horse back out OF
the road pulled the buggy some
what back into the beaten track,
and that in this way the collision
was caused. This inference would
explain why the boy was thrown
forward over the dashboard and
toward the forward part OF the
horse. The defendant Scanlon
sought to make a close pass, with
out diverging in any way from the
beaten track of the road. 1t is this
reckless driving which is the cause
of many accidents, and which
ought to disqualify any chauffeur
who practices it. With a heavy
machine, weighing from 5000 to
$4,000 pounds, going at the rate OF
twenty-five miles an hour, it is in
defensible negligence to attempt
to pass a buggy within a few
inches. Such driving cannot be
too severely condemned. "
This case, as much as, ii not
even more than, the Darragh case,
betokens a disposition on the part
of jurors as well as courts to en-
force the law. There has formerly
been much difficulty in procuring
criminal convictions for homicide
caused by negligence without spe-
cial and aggravated features, such
as were alleged to have existed in
the Darragh case. The running OF
automobiles at illegal rates of
speed with frequently resulting in
jury to person and property and
loss of life has become such a seri-
GUS and notorious evil that public
sentiment now demand criminal
punishment of careless chauffeurs
The opinion in the Scanlon case is
well considered and justiifes the
afirmance Of the conviction. 1t is
believed that dissemination of in
formation Of this case would exert
strong influence for public pro-
tection.-New York Law Journal
The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-09-10

A. P. Sawyer has sailed for Por-
to Rico, where he will preside as
territorial auditor. Mr.. Sawyer is
resident of Seattle.
The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-09-10

on the left forward seat. The de-
PENDANT Scanlon was the chauffeur,
and was driving the car. From
this judgment of conviction these
defendants have here appealed"
The appellate division reverses
the conviction of the owner of the
ear upon the ground that he was
not running the machine and that
in the few seconds of time which
elapsed after he might have seen
that a collision was to occur he
could not give directions which
would avoid the collision. The
whole thing was, as it were, in
Simultaneous, in the control of the
chauffeur, but in no way in the
control of the owner of the car.
He had not the wheel in hand. 1t
is true that the chauffeur was I'M
der the control of the owner, but
that means the general control. He
might give general directions. 1t
would be impossible, however, to
give specific directions as to the
manner of driving upon each sep
arate piece of road over which.
they were passing. If it were the
chauffeur s habit To- run so close
to other cars as to cause danger,
and Albro knew of it without cor
recting it he might be held liable
for this negligence; but there is
not one word of evidence to the
effect that this was the habit of
the chauffeur, and Albro's convic-
ton must rest upon his failure
within a second Of time to give di-
rections, which could not even be
comprehended and acted upon, if
given in time to have avoided the
accident. 1t is not contended that
for the purposes of criminal
prosecution the negligence of
Scanlon could be attributed to the
defendant Albro. "
The conviction of the chauffeur
is, however, affirmed the court
saying in part: "The defendants
main contention is that the verdict
is unsupported by the evidence.
Their contention is twofold First,
that the proof does not justify be-
yond a reasonable doubt the infer
ence that the machine struck the
carriage and thereby caused Cor
don IS death; second, that it is not
proven beyond a reasonable doubt
that Francisco s wagon was struck
by the defendant s car. Francisco
had turned out of the road to the
right. 1t was the left hind wheel
which is claimed to have been
been struck. That wheel was not.
broken. The right hind wheel,
however, was dished; that is, the
hub was apparently pushed
through the wheel, which caused
the wagon to drop down and
throw out it's occupants. Francis
co himself does not swear positive
ly that the buggy was struck.
There is evidence, however, that
the buggy had been newly painted,
and that upon the left hind wheel
there were marks, and also upon
There is further evidence that the
ground at that place showed that
the buggy had been crowded over
five or six inches, and that the
right wheel had scraped up the
turf where it had been pushed over
before it collapsed. 1t is true that,
after Francisco had partly turned
out, the horse was leading back
into the beaten track, and was
pulled suddenly out to the right.
1t is difficult to see, however, how
that could have pulled the hind
The Seattle Republican. [volume] (Seattle, Wash.) 1???-1915, 1909-09-10
PRACTICE OF LAW BY COR
PORATIONS.

PRACTICE OF LAW BY COR
PoRATIONS.
The New York Law.-New York
is leading the way to a valuable
reform in the interest not only of
the legal profession, but of the
people themselves. The reform is
a recent law just put into force by
the signature of Gov. Hughes, pro
hibiting corporations from prac-
ticing law. This law provides that
no corporation "shall be organ
Nezd or created for the purpose OF
conducting any branch of the prac-
tice of law or of retaining or en-
ploying an attorney or attorneys
to furnish legal advice, draw legal
papers, or perform legal services
of any kind or description, either
directly for the person persons or
corporation for whose use such
services are rendered or for the
corporation retaining such attor-
ney in compliance with any con-
tract Of employment of the corpo-
ration or Of the attorney made by
the corporation with any other
person, persons or corporation. "
Trust Companies as Lawyers. a"
This New York statute will be
severe blow to those trust compan
les who are so given to advertising
their legal services so gratuitously
and in very unethical manner. 1t
has always been to us an unfath-
ENABLE problem why reputable
lawyers could sell their services to
a corporation for salary and then
not become besmirched by the I'M
ethical methods Of the corporation
in soliciting business.
Trust Companies as Executors
and Trustees 1t has not occurred
to every lawyer, possibly, that
there is quite difference between
the right of a corporation to act
as executor and to act as trustee.
In the former case, they act by
sufferance, in the latter, by inher-
ent right. That is, at common
law, no corporation could act as
executor, but there was never any
question of their ability % hold
property to the use Of another. To
act as an executor Of an estate,
corporation must be expressly au-
thorized by statute. But, even to-
day, the rule in England still rec
ognize the essential personal
character of an executors duties
In the case of In re Goods of Hunt,
L. R. 1896, P. D. 288, the court
ordered the general manager of a
trust company, chartered to act as
executor, trustee, ETC., which had
been named as executor in will,
to be appointed administrator cum
testamento annexo with the trust
company as surety thus preserv-
ing the personal aspect of this re-
lation.
Extravagant Exploitation of the
Corporation. is said to
be the land of extravaganza. We
are prone to push a good thing too
far. One of those things" just
now is the corporation. A good
thing, a splendid device for GER
tain purposes,-it has its limita-
tions. One of those limitations is
the limitations of personality.
Wherever it essays to thrust its
cold, inanimate and uncanny per-
sonality into those relations OF life
where flesh and blood alone should
act, it has gone too far. We there
fore believe that the line of New
York authorities which hold that
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
new BLOOD IN
old BUSINESS
"Servtce" the Keynote At Corner Drug
Store and Results Follow.

Drs. p. L. and F. L. Summers and
Mr.. ]. H. Bailey, the new purchasers
Of the Corner Drug Store, are using
progressive methods in the conduct
of the business, and as a result are
popularizing the establishment and
are already receiving perceptible
increase in trade. Service" is the
key note sounded by the new owners,
and they are bending their efforts to-
wards giving prompt, accurate, courte-
Gus service in every department. Oc-
cupying as they do a strategic posi-
ton at the crossing of the car lines,
their efforts will bring undoubted sue
cess. The gentlemen will tell of the
advantage of their establishment
through the columns of The News for
the next twelve months.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
YES! MONEY BACK
Partisan Sage, the Hair Remover,
Now Sold in America on Money.
Back Plan.

Tried them all and failed, thousands
of people will say.
Try the real Partisan Sage and sue.
coed as thousands have done.
In Paris Dr. Sabourand discovered
the dandruff microbe and the way
kill it.
In Paris women have most abund-
ant, beautiful. lustrous and fascinating
hair
They know about hair and its dis,
eases in Paris, far more than we do.
They have institutions where the
study of the hair is made a specially.
Partisan Sage is the only certain de
stroyer of the dandruff microbe which
is the cause of 81 per cent of hair
troubles.
Partisan Sage is such an extraor
binary and quick acting rejuvenatol
that Hays & Field, who is the agent in
Hattiesburg guarantees it to- cure
dandruff, stop falling hair and itch
ing scalp in two weeks or money back
it makes womens' hair Iustrous and
iuxuriant and drive away foul odor
in summer.
And large bottle of Partisan Sage
costs only so cents at Hays & Field
and at leading druggists all owe
America. The girl with the Auburn
hair is on every package.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
SAID He RAN A
BOARDING HOUSE

An inadvertency yesterday caused
the types to state in The News that
Mr.. c. B. Ates, charged with running
hotel without a license, had stated
on the witness stand that he enter
tanned only his friends at his boarding
house What Mr.. Ates did say was
that he ran a boarding house but that
some of the people who came there
and stopped were friends of his fam
lily and that he did not charge them
for board or lodging.
Mr.. Ates took an appeal of his case
, and readily made bond to appear in
the circuit court.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
". S. M ALLiSTER
Will none OF IT
Ex-LegisIator, Said To Be Insane, is
Barrcaded At HIS Home Near Can
ton and VII Not Be Taken.

JACKSON, Mss, September Is
According to advices from Canton,
Hon. w. S. McAllister is practically
barricaded in his home at Cobbville,
seven miles from Canton, with a verit-
able arsenal and armed guards patrol
ling the grounds day and night. He
declares, 1t is said, that he will not
be taken in custody, and neither the
Madison county officials nor any of
the citizens have manifested any de-
sire to accept his challenge, it is stat
ed, and undertake to go out to get him.
Mr.. McAllister, who formerly repre-
sented Madison county in the state
legislature, and who has long been
prominent in the legislative and po-
litical affairs of the county and state,
was more than a week ago declared
insane by jury impaneled at Canton.
But McAllister was not present at
the hearing, and it is said that, al
though@a summons for him had been
placed in the hands of deputy sheriff,
it was never served on him. For this
reason McAllister says the action of
the jury was Illegal and a farce, and
that he will not abide by it.
In a letter to Gov. Noel, small
portion of which has formerly been
given out, it is said McAllister pro-
posed hat he would come to Jackson
and surrender to the governor in per-
son with the understanding that he
be given the benefit of a habeas cor
pus hearing, but declared that he
would not under any circumstances
be taken by anybody from Canton.
The governor agreed to meet him at
the train, but as yet McAllister has
not shown up.
Home on Elevation.
McAllister's home is on an eleva-
aon overlooking a large territory on
all sides, and the approach of an Off.
Ger unobserved would be impossible,
so long as anybody was on the look
out. r wTE yTEagy
This is the third unsuccessful effort
within the past few years to incar-
cerate Mr.. McAllister in the insane
asylum. The last previous to this
only few months ago, when he was
arrested in this city on the certificate
of two Canton physicians as to his
II sanity; but DR.. TT. Mitchell, SUPER
intendent of the institution, refused to
admit him, declaring that he was
sane. For several days after that he
remained in this city, in apparent
dread and under a constant fear that
several men were trying to assassin
ate him. At one time he had two
Frenchmen locked mp and kept in GUS
tody several days ON charges of at
tempted assassination. He was at
tended here by from two to three
bodyguards, and was followed for sew.
eral weeks by his private detectives.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
new CHARTER
WAS APPROVED
Hatties5urg Blow Pipe and Sheet
Metal Works Now Authorized to
Do Business Under Laws.

Tie charter of incorporation of the
Hafties' urg Blow Pipe and Sheet metal
works has been approved and signed
by Governor Noel, and today the in
strument was filed for record in the
office of Chancery Court Clark Bat.
son.
This is one of the city's newest and
most promising industries, being off,.
cered by local men of well known
business ability and integrity, and
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15

the strike, but the foreigners striking,
they declare, necessitated their coming
out too.
Teh strikers say that they want the
bosses and sub-bosses over them to be
discharged. They say that many Of
the bosses and sub-bosses are men who
were strike breakers during the recent
strike and that the authority given
them was in violation of the agreement
made when the strike was adjusted.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
lists.

lists
The operation is said to have been
more severe than anticipated. Gov.
Johnson was on the operating table
three hours.
The surgeons found an old abcess
in the abdomen which had left a
festula and this was removed, as
well as the hernia growth.
The operation was declared sue
cessful
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
ANOTHER STRIKE AT
PRESSED STEEL PLANT

PITTSBURG, September 15.-An
other strike has been inaugurated a
the pressed steel car companys plant
at McKees Rock. Three thousand for
eigners employed there walked out
today.
The American workers at the plant
are said not to be in sympathy with
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15
GOV. JOHNSON under
SURGEONS knife

ROCHESTER, N. Y, September Is.
Gov. John Johnson, of Minnesota,
was operated on by a surgeon at a
local hospital today. He came here
several days ago to interview special
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15

There was no place last week freer
from accidents and causaIties than
Rheims, France. Put that in your
pipe and smoke it, o, doubter.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15

Instead of adding to the rate on
registered letters the postal author
tiles should double up the price on
post cards.
The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1909-09-15

promises to be an important factor in
the industrial life of Hattiesburg.
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11
CAMPBELL AT RUsk.
Spent Wednesday Night There as the
Guest of Major Durham,

Governor T. NJ Campbell came in
over the T. & N. o. railroad Wednes-
day evening and was the guest of
Major T. E. Durham, leaving Thurs
day morning over the State road for
Palestine. The governor came over
in town Wednesday night and mingled
awhile with old friends. We did not
meet him while here, but his friends
say he is the same Tom Campbell of
twenty years ago, and if we could only
forget the way he has permitted our
interests and the interests of this
section of the state to be sacrificed
in order to promote and build up
others, we might again have that ad-
miration and tender feeling for him
that once permeated our corporal
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11
Complimentary.

Miss Matte Kersh entertained a
party of friends at Spring Park Fri
day evening, complimentary to Miss
Louise Cameron of Elkhart, Miss
Johnnie Ware of Ell Paso, and Miss
Ina Holtzheuser of Victoria. Mr.. and
Mrs. R. j. Holtzheuser were the chap
erons. All left town in buggies and
carriages for this cool retreat, in the
shade of the afternoon, remaining IN
til about 8 p. m. Boating was en-
joyed for while, when all repaired
TO the parlors for "forty-two," which
was Interesting. Music was delight
full all evening, and last all were in
yited to the dining room, where an
elaborate supper was served. The
visiting young ladies were charmed
with this charming retreat, away from
the city's dust and noise, with nature
in every feature
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11
If you'll just kiss me, dear. /.

system, and maybe if he will correct
the errors of the past by seeing that
the iron industry, which will soon be
in operation again, gets fair show
ing during the balance of his admin
istration, and will assist in getting the
two penitentiaries of the state. divided,
making each a separate and distinct
institution, we will forgive and forget
and love him as of old. Yes, we will
do even better than that; we will send
him to the United States senate to
correct the errors Bailey has made
Rusk Press-Journal
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11

| ally entertained. All were invited tt
the parlors, where the following pro
gram was enjoyed:
Address = Miss Maggie Wagnon
captain of defeated side.
Music-Misses Bertha and Myrtle
Keith.
Character Sketch, Old Lady and
Tramp-Mfss Pearl Face and Rev
Gibbons.
Special Music-Mrs. H. D. Long.
Reading-Miss Eva Weldon.
Instrumental Duet-Misses Bertha
and Myrtle Keith.
Quartette-Messrs. Earl and ALT
Manley, Ed Devers and Bob Lancas-
ter.
After this all were invited to the
pretty lawn, lit with japanese Ian
terms and coy with chairs and tables,
where ice cream and cake were
served in abundance by the following
young ladies': Misses Pearl Face, Mag
gle Wagnon, Ceva Devers and Maggie
Roberts.
This was one of the prettiest enter
tainments the League has ever given.
and every one enjoyed every feature
of it.
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11
A R41RE DANE LADY's APPEAL.

To all knowing sufferers of Theuma.
tism. whether muscular or of the
joints, sciatica, lumbagos, backache,
pains in the kidneys or neuralgia
pains, to write her for a home treat
ment which has repeatedly cured all
of these tortures. She feels 1t her duty
to send it to all sufferers FREE. You
cure yourself at home as thousands
will testify-no change of climate be-
Ing necessary. This simple discovery
banishes uric acid from the blood,
loosens the stiffened joints, puriies
khe-blood and brightens the eyes, CIV
ing elasticity and tone to the whole
system. II the above interests you,
for proof address Mrs. M. Summers.
Box R, Notre Dame, Ind
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11
installation of officers of o. E. S.

Installation of Officers of o. E. S.
Last evening the installation of off
GERS of the Order of the Eastern Star
was an impressive and beautiful cere-
mony. The order is rapidly growing.
and is one of interest. The following
were installed;
Worthy Matron-Pearl Irving.
Worthy Patron-W. o. YandiYer.
Assistant Matron-Mollie Martin.
Secretary-Octavia LangstoQ.
Treasurer-Dora Hocl1ridge.
Conductress-Meliassa Davis.
Assistant Conductress - Minnie
Eastland.
haplain-Fannie Moore.
Pianist-Nettie Bentley.
Marshal-Nettie johnson.
Adah-Katie Mears.
Ruth-Pauline Brooks.
Esther-Ada Black.
Martha-Emtly Naylor.
Electra-Ella Russell.
Warden-Hatt;e Devers.
Sentinel-Mage Eastland.
After the Impressive ceremony Mr..
Palestine daily herald. [volume] (Palestine, Tex.) 1902-1949, 1909-09-11
Contest Entertainment.

The defeated side of the Epworth
League of the Grace Methodist church
entertained the winners last evening
at the home of Mrs. H. D. Long, on
North Jackson street. White was the
badge of the defeated, yellow the win
ners. For some time they had been
selling bows of ribbon in their colors
for 10 cents each, which entitled the
wearers to luncheon and the enter
tainment. The whites therefore roy