davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

chine was still a dozen feet from her.
The machine was brought to a stand
still The wheels were against the
mares legs, but not upon her body.
Which of these versions is the true
one? That was the question submit
ted to the jury, and they answered in
favor of the plaintiff If they were
warranted in believing the plaintiffs
version. it is not contended that the
verdict should be set aside. The de-
PENDANT contends however that the
evidence. when reasonably considered,
so Overwhelmingly preponderates in
favor OF the defendant that the YER
dict must be deemed to have been the
result, not of the good judgment of
the jurors. but of their hostility to-
wards. and prejudice against automo-
biles The court is not of that opin-
ion.
1t is true that the defendant had
and produced more eye witnesses of
the affair than the plaintiff did. But
the plaintiff was aided somewhat by
the testimony of witnesses who short
ly after the collision examined the
wheel marks on the road. and the APP
pearance of the ground where the
mare went down. showing, as it is
claimed, that the mare had been
pushed along the road by the ma
chine.
The case hung upon the degree of
credlbllity which the jury might prop
erly ascribe to the testimony of the
witnesses. The court is of the opin-
ION that it is not clearly shown that
the jury We're not warranted in be-
lieving and adopting the PLAINTIFFS
version. 1t is not incredible, nor in
consistent. nor unnatural. Nor is il
SO overcome by the testimony intro
duced by the defendant as to REQUIRE
the interference of the court The
amount OF damages awarded is not
clearly excessive.
Motion overruled.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
Somerset County,

John Walker vs.. Charles Littlefeld
Rescript Per Curtain
The defendants automobile, in
which he was riding, collided with the
plaintiffs mare. and injured her. it is
claimed, SO that she died No uues-
tons of law are involved, and the only
question of fact discussed by counsel
is whether the defendants negligence
caused the injury.
The mare and colt We're being dri-
ven along the road from the pasture
/" the barn They We're embarrassed
and loose. The plaintiff claims that
the mare was walking on the north
side of the road, going west, and that
the automobile going east at great
speed on the same side of the road.
struck her. knocked her down. pushed
her some distance. and stopped after
one wheel had gone over a portion of
her body.
The defendants version is that
when the automobile was approaching
the animals al Il speed within the sta
tutory limit of Is miles an hour, the
colt was in the middle of the road
and the mare was eating grass along
the north side of the road AS the
automobile approached, the colt went
to the south side of the road out of
the way of the car. The mare start
ed across the road to follow the colt
The machine which had been slowed
down to seven or eight miles an hour
was then steered toward the north
side of the road so as to pass her She
then turned as if to cross back in
front of the machine. when she sud
denly fell to the ground, through
slipping or stumbling, while the ma
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
READ THESE
SYMPTOMS
Faintness, Dizzy Spells, Weak
Stomach, Swollen Feet
and Ankles.
They Describe a Condition for
Which the Tonic Treatment
with DR.. Williams Pink
Pals Is Particularly
Adapted.

1nere Is no more perplexing trouble
Ior physician to treat than debility
cases, especially in women, in which
there is no acute disease but in which the
patient every day sinks lower and lower
despite changes of medicine and similar
experiments.
That DR.. Williams Pink Pills will re.
store health under these conditions is no
speculation but the fact has been proved
IN hundreds OF cases similar to that of
Mrs: Joseph Vandegriff, OF r. F. d. No.
II, West Chester, Pa. She says:
rive years ago | underwent an oper-
alton, which left me in a greatly run
down condition as l was overworked at
the time. | was helpless for six months
and sick for a year and a half before
finding relief in DR.. Williams Pink Pills.
l was so weak that | would faint away
and l had dizzy spells. l could hardly
retain any food on my stomach and suf-
Tered constantly with headaches. For
long time my feet and ankles we're SO
swollen that could not put on my shoes.
81 was treated by doctors for several
months but without any relief 1t was
through reading newspaper that | de-
cided to try DR.. Williams Pink Pills and
it wasn't long before my headaches left
me and L was getting better. l kept
gaining in strength until cured. I am
now able to work hard and always have
q box OF DIR. Williams Pink Pills in the
house as they are our family medicine I"
DR.. Williams Pink Pills were origin
ally prescription used in the doctors
private practice and their benefit to man
kind has been increased many thousand
fold by their being placed on general
sale with the doctors own directions for
use. They are entirely safe, contain no
opiates or other habit-forming drugs.
Dr. Williams Pink Pills are sold by all
druggists, or will be sent, postpaid, on
receipt of price, so cents per box; six
boxes $3.50, by the DR.. Williams Medi-
cine Company, Schenectady, n. Y.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
Augusta from Walter F.. Whitehouse

of Augusta from Walter F. Whitehouse
of Hallowell. in which the custody
of the two children was granted to
the mother and the father allowed to
visit them Sunday and Monday.
The hearing occupied over two
hours, a number of witnesses being
called on both sides. including a
bright. attractive 10-year-old girl, who
was one of the children. The father
asked for the custody of the other
child boy, but this was refused.
Judge Hall modified the original de-
cree so as to allow the father to visit
the children on all proper times and
occasions and the children to visit
the father. Hon. George w. Hesel-
ton appeared for the mother of the
children and Joseph Williamson for the
petitioner.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
l5c. a Cake for the Uaseeated

told YOU 1 would buy your place and
shall do as I agreed. l have got a
few things to do which will take me
a day or two to do, and will telephone
YOU the night before l will meet you
and Mrs. Thurlow in Lewiston. | have
been quite sick since l was away and
should have been here before, but
was not able. Hoping everything will
be all right, | remain,
Yours truly.
(Signed) F. l.. PERRY,
Care of j. f. Gilman
The other letter contained no addi-
tional terms and add nothing to the
effect of this letter
About Nov. l, 1908. the plaintiff
and defendant met in Auburn and the
plaintiff rendered warranty deed of
the farm to the defendant who object
ed to receiving the deed at the time
on the ground that the premises were
encountered by mortgages of which he
was not informed at the time of the
verbal agreement, and that he wished
to see the lines himself. 1t was ar
ranged that the mortgages should be
discharged and that the lines should
W P'iieSt put " lHS utltIudHt. HIS
was done but the defendant refused to
make the purchase.
Inc two defenseS are, first, that
there was no meeting Of the minds of
the parties; second, that there was no
sufficient memorandum of the con-
tract under the Statute of Frauds.
1t is unnecessary to consider the
first defense, as the written state
ments of the defendant do not contain
all the necessary terms required by
the Statute to prove a contract for
the sale of lands. r. S. Chap. 113,
Sec. l, Far ". The letter of oct. 81,
IN connection with the other corre-
spondence is sufficiently definite in
the designation of the property which
is the subject of the contract, and
contains clear statement of an in
tentlon to purchase in accordance
with the terms which had been pre-
Vlously agreed upon, but it fails to
set out these terms and particularly
omits any reference to the purchase
price 1t therefore amounts to moth
ing more than an admission that a
verbal agreement previously made for
the purchase of the farm existed. To
comply with the statute it is neces-
Safy that all essential elements and
terms of the contract be made to an
pear in writing signed by the party
TO be charged herewith or by some
person thereunto lawfully authorized
IN order that no part of the agree
ment need be proved by patrol evil
dence.
Among such essential terms the
amount of the purchase price is to be
included where the contract contains
stipulation as to price.
Judgment for Defendant
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
Maine Baptist Missionary Convention

Hon. Horace PurintOn, President.
2 30-Hymn.
Reading of Scripture, Rev. G. How
ard Newton, Rockport.
Prayer. Rev. A. c. Berrie, Mill
nocket.
Address of Welcome, Rev B. p.
Hope, pastor of the entertaining
church with response by the
President.
Appointment of Committees.
10.1O-Reports: Treasurer Mr.. II. VI. NAL
ing. Portland Executive Committee
DR.. f. C. Whittemore, Waterville
Board of Trustees, Dr. |. B.
Mower, Waterville.
11.0O-Obituary report, Rev. Fl. l.. Hanson.
Prayer, Rev. f. L. wilkins, D. D..
Portland.
Duet. Rev. and Mrs. L. II. Clarke.
Gardiner.
II .20-Welcome to pastors entering the
State.
11.3o-Our Weekly Visitor-Zion's Advo-
cate, DR.. ]. X. Wilson, Portland.
II. 45-Re ception of Fraternal delegates.
WEDNESDAY AFTERNOON.
L 45-Devotional exercises.
Convention sermon. Rev. +. NJ. Pre-
BILE, d. D., Auburn.
of State workers.
3.O0-Report of Committee on important
topics in annual report.
Discussion, What Advance Work
Should Maine Baptists Attempt the
Coming Year?'
of Evangelistic Committee.
4.0O-Report of Committee on Sunday
School work.
Greetings. Mr.. H. f: Lufkin. Gen.
Sect. Maine State S. s. Assn.
4.10-Addresses: What one French Mis-
sion is Doing, Rev Isaac Lafleur.
Waterville What One Swedish
Mission is Doing" Rev. c. F..
Wahlberg. Stockholm: What One
Italian Mission is Doing,"-Rev. A.
Latino. Biddeford.
Greetings, Rev J. f. Norcross, New
England District Sect. Home Mis-
sion Society.
43o-Address. THE Famishing Fed"-Rev.
Robert G. Seymour. d. D., Mission
airy Secretary Publication Society.
WEDNESDAY EVENING.
Laynen's Session.
7.oo-Devotional service conducted by
Selection, Male Quartette. First
church, Portland.
eric Brunei. Portland, Chairman
work.
Reports from Mems Clubs.
Selection, Male Quartette.
Brotherhood''-Mr A. A. Heald
Secretary for Maine.
S1O-Address. THE Function and Scope
ment'-Edw. X. Nicholson, ESQ,
Connecticut, Secretary Baptist
Laymen's Missionary Movement.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
RecuperatIxe Effect.

Considered with reference to its re-
Operative effect, there is not so much
good In the ordinary vacation as there
is in single bottle of Hoods Sarsa-
parilla. The latter costs 81; the for
mer-well, that depends; how much
did yours cost last year?
Hoods Sarsaparilla refreshes the tir-
ed blood. sharpens the dulled appetite.
restores the lost courage.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
THURSDAY EVENING.

Educational service, Rev. S. r. Bel
yea. East Machias.
I45-RepOrts of Committees.
Election of officers.
Music.
SO0-Address ''rhe Church's Obligation
to the Education Society Mr..
Isaac Higginbotham, Colby Col
lege.
S.20-Address by Rev. George T.. Horr, d.
D.. President Newton Theological
Institution.
9n0-Final adjournment.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

The place of Henry Simard in Bid
deford. was broken into Tuesday night
and VII in money and 10 boxes Of
cigars stolen. Wednesday the police
arrested Joseph Binette on suspicion.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
THURSDAY MORNING.
S.30-Maine Baptist Charitable Society.
Small vestry.
Reports and election of officers.
Convention Session.

Convention Session.
service.
915-"Free Baptists and Baptists; The
Outlook Rev. c. G. Mosher. pas
tor Free Baptist church. Augusta;
Rev. c. d. Hazelton, pastor Bap-
fist church. Oakland.
aP-Report of Commute on Reforms.
Address by Rev. G. +. Owen. ID.
p. representing the Maine Chris
tan Civic League.
1000-Reports of Committees.
11.G-Report of Committee on Missions.
Greetings, DR.. W. F.. Witter; New
England District Sect. Foreign
Mission Society.
1l.15-Address, ''The Next Ten Years
DR.. c. l.. White, Associate Cores
bonding Sect Home Mission So
ciety.
1.45-"The World in Boston,. Rev. Ar
thur Warren Smith. Boston.
11.55-Closing words bv the President and
adjournment
THURSDAY AFTERNOON.
1.45-Maine Baptist Historical Society.
Reports and election of officers.
Maine Baptist Education Society.
Rev. f. S. Philbrook, Sanford, President.
145-Devotional service. led by Rev. c.
Raymond Chappell. Bath.
2O0-Appointment of Committees.
Report of Treasurer DIR. +. c. Whit
temore Watarville.
Report of Board Of Directors, Rev.
George Merriam, Skowhegan. Sec
rotary.
Discussion.
?M-Annual sermon, Rev. c. F. McKoy
Bar HarbOr.
33O-Reports of visiting committees to our
Maine schools.
400-Addresses: President A. J. Roberts,
Colby; Principals G. F. Stevenson,
Coburn: II. B. Belts, Kicker; w.
A. Cowing. Higgins; W. E. Sar-
gent. Hebron.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

Hawthorne stock Yards and
Packing Co S 100000
National Boat ana Engine Co, l0,UJU,000
Colby Motor Co, l,0OO,WD
GIOVANNI eytonC onSdon Co, 1,ON.Woo
Boston RetriSeratino Co, l,oN,Oo
Coast Steamship Co. l.O0j.Wo
Reader car Coz 1,lO0,D
Aztec I.eaG-Zinc Mines Corpora
ton. 300. COZ
A petition was received at the OF
fee Of the secretary Of State Thurs
day praying that "A pardon be granted
one John G. Farr who is serving
life sentence in the state prison at
Thomaston for the crime of murder
and the petition will come before the
meeting of the Governor and Councii
today for the assignment of hearing.
In his petition for executive Glenn
ency Farr respectfully represents that
he WaS convicted of tho crime Of muir
der at the January term of toe superior
court of Cumberland county IN the year
1881, and was sentenced tt ~" Maine
State prison for life, which sentence ne
is now serving: that the criN" 81 winch
he was convicted WAS comm tea uI-
der great provncation. and ina. having
served in prison more than ~ wears
and always conducted himself orderly
and having q good homo pro ided Tor
him for the remainder Of his me- ne
humbly prays that a pardon be grant
ed him.
The petitioner will be represented py
Rev. Charles A. Plummer of Thomas-
ton, chaplain at the prison
A notice which has been filed at Tue
office of the secretary Of state certl-
fins that at the annual meeting OF the
stockholders of the Bates Manutactur
ing &C.. held at the companNs ONCE
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

The number of corporations With a
capital stock Of 81 ,00b, 600 or over which
have been organized during the month
was seven, the largest of which was
the National Boat and Engine Co..
with a capital stock Of $4,000, 600. The
list of these corporations is as follows:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

The first installment of the new ell
ton of the fish and game laws pave
been received at the office Of the Com
missioners of Inland Fisheries ana
Game and are now ready for dlStrlbu-
ton. These books. contain all the To-
cal fishing regulations which have hFen
a 1onted up to the time that tn" BOOKS
were printed and those adopted slhct
that time vii! be printed on slirs ana
furnished to such persons as apply Tor
them at the office
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

Abel n. Russell. cnsf"SSiiiS e"in "
the office o. the secretary w '
VINO had been confined 10 ms ',''
illness. resumed his duties IN me 7"
see Yesterday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

George F. Giddings, clerk to the
Board of Railroad Commissioners. was
at carmel and WaterVille yesterday Ill
attendance at hearings which vera
held by the commissioners in th"Se
DlacpS,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
TUESDAY EVENING.
Maine Baptist Young Peoples Con

vertion.
1.15-Devotional exercises, Rev. Chas.
Hargrove, Bluehill
Organization.
Report of Corresponding Secretly
Miss Bernice Sinclair, Brewer.
Report of Recording Secretary, Miss
l.. b. Treadwell, Portland.
Report of Treasurer Mr.. Herbert
w. Rowe. Brewer.
Appointment of Committees.
Music.
7.45-Address, "A Message from the En-
deavorers" Miss Margaret Koch.
Question. Shall the Baptist Young
Peoples Convention be Absorbed
in the Christian Endeavor Union
of the State?" Discussion opened
by Rev. Clarence. Emery, Charles
Report of Committees.
Music.
SM-Address, THE Great Teacher" Rev.
Robert G. Seymour, ID. d., Mis-
sionary Secretary Am. Bapt Pub.
Society
WEDNESDAY MORNING
S15-Meeting of Board of Trustees of
Convention in the vestry.
S15-Woman's Federation in the Audi
torium.
Devotional exercises.
Addresses: State Missions" Mrs
G. d. b. Pepper, Waterville: Home
Missions. Miss Emma Anderson
New Mexico: Foreign Missions,
DR.. Emma Park Cummings, Mas
SachuSettS.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30

in Lewiston on Wednesday,. Sept. 81.
it was unanimously voted that the
capital stock of the corporation be in
creased from the sum of 81 200.000 con-
sisting of 1900 shares of 800 each.
to the sum of $2000.000 consisting of
10000 shares Of 500 each; that the
said additional capital stock be issued
to such persons or corporations at
such times and at such price, but at
not less than its par value. as the d.
rectors of said company may deter
mine
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-09-30
MAINE BAPTIST CONVENTION
viii Be Held at Winthrop Street Bap
fist Church, Oct. 4, 5, and 6,

The annual meeting of the Maine Ran
list Missionary Convention affiliated
societies. will open at the Winthrop street
BAPTIST church at $50 P. NJ next Tues
day, and continue through to THURSDAY
evening. An elaborate program has bean
pepared which includes addresses from
some of the most eminent speakers of the
State in their respective fields of religious
work, as well as specialists from outside
the State The program:
TUESDAY AFTERNOON.
3.@-Woman's Missionary Federation of
Maine, Mrs. J. w. Hatch, presiding
Devotional exercises
Report of Secretary, Mrs. f. W.
Hall, Waterville.
Report OF Treasurer, Miss Maud E.
Mathews. Belfast.
Business: reports of State Officers
3@-Pastors' Conference hour Rev. G. B.
llsley, presiding. Haymen invited
Devotional exercises, Rev A. l..
Lane. East Winthrop Topic,
How May the Teaching Function
of the Church be Realzed?" (D
IN the Prayer Meeting, Rev c. c.
riley. Damariscotta; 90 In the
Sunday School. Rev. W. Q: Aver
d. D., kenduskeag; n) In the
Pulpit. Rev. A. G. Roberts, Bel
fast.
Address, The Sunday School the
Pastors Strong Right Arm'-Rev.
Edward NJ. Fuller. Manchester
Centre, VT.
Discussion.
Perth Amboy evening news., 1910-10-12
eprYEs THAT DO THINGS.

Up north of the international
boundary line something very Ike "a
revolution is in progress, And 1t Is
none the less revolutionary because
It lacks the noise and fury which ac-
company the spinninNof the squtr-
rel cage far to the south. Very
quietly and with a certain grim de-
termination the people of Canada
are moving steadily forward on new
and In some cases-startlfng lines
To the radical the Canadian policy
of public ownership and control may
serve as a hope and inspiration; to
the conservative as a warning and a
menace; but to every man OF intel
ligence it must be a matter of keen
interest.
Perth Amboy evening news., 1910-10-12
Furnishing the Nursery.

1.-THE furniture in a day nursery
should consist of a toy cupboard
stained to match the color-scheme
of the room and large enough for
each child to have his own special
compartment in it." says Lucy Abbot
Throop in Woman's Home Com
panion for October. eff the chill
dren's initials are painted or burned
on the doors 1t gives an added feel
ing of pride in keeping the tops in
order. There are many designs OF
small tables and, chairs made with
good lines. and the wicker ones with
gay cretonne cushions are very at
tractive. The tables and chairs
should not have sharp corners and
should be heavy enough not to tip
over easily. There should be a book
case for favorite picture-books. Be-
side the special china for the chill
dren's own meals there should be
q set of play china for dolls parties.
A sand table, with a lump Of clay
for modelling, a blackboard and, in
the spring, window-boxes where the
children ca n plant seeds, Will all
add vastly to the joy of life.
"And do not forget a comfortable
chair for the nurse-maid. White
muslin curtains with side hangings
of washable chintz or linen or some
special nursery design in cretonne
should hang to the sill"
Perth Amboy evening news., 1910-10-12
coon ROW. INF
AT KEYP0RT
Preliminary Aatch Rolled
Between Teams of Century
A. C. on Brunswick Alleys.
OTHER BOWLING NEWS
Special to tho EVENING NEWS.

special to tho EVENING NEWS.
Keyport, oct. IA preliminary
match was Ned at the Brunswick
Bowling Pa by two teams of the
Century AthIos.o Stub last Monday
night. Although no two hundred
scores were rolled, more Of the con-
testants registered scores between
Ito and 200 than In the elimination
contest last Friday night.
AS will be seen by the score, the
averages of Armstrong and Costa
are both a few points below their
averages last Friday night. Most of
the others succeeded in raising
their averages, several Of them con-
siderably. Great improvement In
this line is looked for next Friday
night, when the second elimination
contest will take place. Ackersop,
Brennan, voorhees, and Chisman all
succeeded In running up a good av-
erage for the three games. George
s. HYer is wearing the smile that
won't come off. Thomas Brennan is
an excellent Judge of mankind, but
he made an awful mistake In fgur-
ing Hyer's possibilities as a bowler.
Hyer rolled 213 and 203 the first
two games, which took all the starch
out of Tommy. Moral, Tommy:
Think twice before you bowl
Hyer."
The scores and averages Of the
contestants are. as follows:
Perth Amboy evening news., 1910-10-12
Sunday.

In A. D. 3f3 the Emperor Constan.
tine of Rome or. tied liberation to the
Christians, and in 321 he gave imperial
sanction to the observance Of the first
day Of the week. The edict which In
troduced a new era In Sunday observ-
|ance runs: "On the venerable day of the
sun let the magistrate and people re-
siding in cities rest and let all work.
shops be closed. In the country, how.
ever, persons engaged in the work OF
cultivation may freely and lawfully
continue their pursuits. because 1t of
ten happens that another day Is not SC
suitable for grain sowing or for vine
planting. lest by neglecting the proper
moment for such operations the bounty
of heaven should be lost"
Perth Amboy evening news., 1910-10-12
CORNELL PRACTISES ON
NEW FOOTBALL FTEIn

Ithaca, N. Y, Oct. 12:-Hard
driving for the Cornell football
squad continued yesterday, when
the coaches celebrated the first
varsity practice on Alumni Field by
ordering a scrimnage which lasted
until dark. The varsity scored
three touchdowns on the scrubs and
showed much improvement over last
week. Hundreds of undergraduates
turned out to watch the first prac-
tice in the new field.
The coaches estimated that the
team Will be able to work a half
hour longer here because the light
lasts SO much longer than on Percy
Field, while the air Is much better
for the men. The coaches sprang a
genuine surprise by shifting Mich
OILS, the speedy second strong right
halfback, out to right end. He was
a big success, spilling a number of
big end plays and diving In the
~scrimmages hard.