davidaulloa/AmericanStories huggingface dataset:
Middletown transcript., 1911-04-22

John H. Bishop, of Cheswold, while
looking over some papers in a gar
ret OF the old farmhouse be recently va
Gated, found an interesting map made Of
Kent county in 1859. The plot of Dover
shoWsthat town has grown into city from
village in the past fifty. There we're then
but two buildings on the north side of
Division street, Dover, and only two on
the south side, when, this plot was made.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19


ROckpOrt, Ind. There q
ills than mne and begin tell you what suffered.
For / I'm bed
for month and said nothing operation
My father suggested Lydia T. Pinhams Vegetable
Compound; to please him took it, and improved
fully able to travel ride horseback take long rides
never feel i'll effects from it. only ask other suffering
to give Lydia e. Pnkham's Vegetable Compound trial
before submitting to Operation- Mrs. Margaret Meredith
II. #. D. No. 8, ROckpOrt, Ind.
We will handsome reward who will prove
that these letters and ruhfuor that either
these paid their testimonials that the
letters published without their permission that the original
letter from each did not entirely unsolicited
For Lydia r.. Pinlhanl's Vegetable ES9>MSSSA
Compound been the standard remedy for NN%N&NNM
female ills No sick does Justice to W ~ kSnM
who will not try this famous medicine. III Va BT
Made exclusively from roots and herbs, and h IN " II
has thousands of cures to its credit. III "
W@ Mrs. Pinkham invites all sick N\ \a-SSB Lo)
~ 10 write her for advice. She has W\FENGt$SLW
guided health free charge. NESHSl
Address Mrs. Pinkham, Lynn, Mass NSO11S
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
The Quickest Cough Cure
Cheap, But UnGquaIsd
AWholO Pint ofRfor SOC. Saves You 50,
Does tho Work Quickly OF Money
Refunded.

For quick and positive results, the mini
Of cough syrup that you make with a 90
cent bottle OF Pinex, cannot be equalled.
II takes hold instantly and will usually
stop the most obstinate deep-seated cough
inside Of "a hours. Even Group and
whQoping cough yield to it quickly.
The user Of Pinex mixes It with home
made sugar syrup. This gives You a full
pint-a family supply-of better cough
remedy than you could buy ready mixed
for ESQ. Easily prepared in minutes
full directions in package.
Pinex soothes and heals the inflamed
membranes with remarkable npidity.
1t stimulates the appetite, is slightly Lax.
alive, and tastes good-children like it.
Excellent for hoarseness, asthma, bron-
chitis, and other throat troubles, and has
. wonderful record in cases Of incipient
lung trouble.
Pinex Is special and highly concen.
trated compound of Norway White Pine
extract, rich in guaiacol and other natural
healing pine elements. Simply mix with
sugar syrup or strained honey, in a pint
bottle, and 1t is ready for use. Used in
more homes in the U. s. and Canada than
any other cough remedy.
PtneX has often been initiated, but never
successfully, for nothing else will produce
the same results. The genuine Is guaran-
teed to give absolute satisfaction or money
refunded. Certificate of guarantee is
wrapped In each package. Your druggist
has Pinex or will gladly get 1t for you. II
not, send to The Pinex Co, Ft. Wayne, Ind.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19

filed on May 2. Counsel for the ap-
pellant mailed to the clerk of this
court an application for an extension
of time to file his brief, but later
withdrew it, for the reason that he
concluded his 80 days would begin to
run on April TO- That circumstance
cannot aid him now, but it tends to
show diligence on his part. In Nep-
pach V. Jones, 2S Or. 2S6, 2S9, ii is
said: while the court expects and
will require counsel to substantially
observe the rules in the preparation
and service of abstracts and briefs,
yet If, through excusable neglect, the
service is not made in time, the court
may relieve the party in default, on
a proper showing, from the conse-
quence thereof The rules were de-
signed and intended to facilitate the
business and simplify the practice,
and are not so arbitrary or infiexi-
BILE as to work an injustice, or pre-
vent a hearing in this court, when
the failure to comply Herewith is
owing to the excusable neglect of the
party"
We are satisfied from the showing
in this case that the default, in filing
the brief within the time prescribed
by rule So, was by reason of excusa-
BILE neglect and that appellant should
be relieved from his default; Wood
V. Fisk, 40 Or. 276; Johnson v. White,
(Or) 112 Pac, 1888; Kearney V. o.
R. & N. Co. (0r.) 112 Pac. 1888.
The appeal will be re-instated and
the motion to dismiss denied.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19

tion pending and being for the pur-
pose of ascertaining a particular
fact, namely, the amount of damages,
the rights obtained under it could be
no greater than stipulated in the
agreement of submission. By that
agreement the award was to be filed
in the court and the court was then
to enter judgment upon it, When
this judgment was entered the award
was complete. The defendant had
his remedy by execution only when
the judgment was entered pursuant
to the stipulation. Here it is alleged
in the answer that no judgment was
ever rendered. The intent and pur-
pose of the submission went no fur
ther than to substitute the decision
Of the arbitrators for the verdict Of
the jury and to dispense with the
calling of witnesses,
If we treat this as a submission in
an action pending, then before it
can have the effect to create liza
bility against the plaintiff, there
must be a Judgment of the court in
accordance with the stipulation. IT.,
on the other hand, we treat it as a
common law arbitration, to have eff
feet irrespective of any action of the
effected a discontinuance of the ac-
tion and released the surety from
any obligation on its undertaking
given therein: e Cyc 6O5, and cases
there cited) The agreement by its
terms required a judgment uf the
court before the award should be-
come complete. These considerations
render it unnecessary to discuss the
other questions so ably argued by
the respective counsel.
The judgment will be reversed and
the cause remanded with directions
to oyerrule the demurrer to defen-
dant's answer.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
Bowman '. Sherill and Sheriff., Wash.
ingtOn County.


Decided, October 8, 1911.
Benton Bowman, trustee in bank
ruptcy Of the estate of w. E. Sherill
respondent, V. W. E. Sheriff. and Liz
zie NJ. Sheriff. appellants Appea
from the circuit court for Washing
ton county The Hon. ]. U. Camp
bell, judge. Argued and submitted
Sept. 20, 1911. John A. Jeffrey (anC
NJ. B. Bump, on brief) for appellants
W. G Hare (Bagley & Hare.o brief
for respondents. Mcbride, ]. Modi.
fed.
In January, 1909, w. E. SherilI
was adjudged a voluntary bankrupt
and plaintiff was appointed his trus-
tee in bankruptcy. Prior to this on
October 2S, 1908, Sheriff. without con-
sideration, conveyed to w. P. Dyke
certain land described in the COM
plant and hereinafter called for
convenience, "a part of the Moore
claim" On the same day Dyke con-
veyed the land without any actual
consideration to Mrs. Sheriff.. On the
18th of November, 1908, Sheriff. trad
ed team of horses to one Weisen-
beck for lot 6, in block 81, South
Coast Addition to the City of Hills
boro. taking a deed therefor in his
wife's name.
Plaintiff brings this suit to have
the deed declared fraudulent as to
creditors, and praying that the prop
erty be sold and the proceeds applied
upon the proved debts of w. E. Sher-
i'll. Defendants answered. denying
all allegations Of intent to cheat or
defraud creditors and further set up
that the land situated in the Moore
claim is homestead and, therefore.
exempt from execution and sale.
Mcbride, ]. Where a party, fraud
ulently conveying land is insolvent
or has been adjudged bankrupt,
the issuance of an execution is not
necessary.
We are satisfied from the testimony
that both the conveyances were made
or procured with intent to defraud
creditors and that Mrs. Sherill did
not contribute anything toward the
purchase of either tract. Either of
the defendants had a right to claim
a homestead in the property on the
Moore claim and this right is not
defeated by a conveyance from one
to the other. A decree, such as is
sought in this case, would operate
practically as an execution and we
see no reason why this exemption
should not be claimed and urged in
this proceeding. The decree should
be so modified as to provide that
plaintiff should have a lien upon the
tract in the Moore claim for the
amount of the proved debts, subject
to the right of defendants or either
of them to occupy it as a homestead,
with leave to apply to the court for
an order of sale whenever it shall
cease to be so occupied. In all other
respects the decree will be affirmed.
Neither party will recover costs in
this court.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
DOwd, ct al, VS.. American Surety Co.
of New York, MultnOmah County.

Decided, October 10, 1911.
James Dowd, executor, and Kate
Dowd, eXecutrix of the last will and
testament of James Barry, deceased
respondents, V. American Surety
Company, of New York, appellant.
Appeal from the circuit court for
Multnomah county. The Hon. Robert
G. Morrow judge. Argued and sub
mitted Sept 2S, 1911. John T. Nc
Kee and (Cake & Gale, on brief) for
respondents. NJ. A. Zollinger (Kol-
lock E Zollinger, on brief) for appel
liant. Mcbride, J. Reversed and re-
manded
The complaint alleges that James
Barry died on September 10, 1908;
that plaintiffs are his executors; that
in 1906 the Pence Company, cor
poration, began an action to condemn
right of way for a ditch, fume or
canal across the land of Barry and,
desiring to commence the immediate
construction of the ditch made and
executed with defendant as surety
the body of which, after stating the
title Of the action, is as follows:
Whereas, the above named plaintiff
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
Cole V. Willow River Land & Irrlga.
ton Co., ct al, W Cole, Malheur
County.

Cole V. Willow River Land s. Irriga.
ton Co., ct al, v. Cole, Malheur
County.
Decided, October 10, 1911.
Leonard Cole, respondent, V. Will
low River Land & Irrigation Com
pany, corporation, appellant, and
North American Security Company,
appellant, V. Leonard Cole respond
ent. Appeal from the circuit court
for Malheur county. The Hon. Dali
ton Biggs, judge. On Petition for
Rehearing. Motion to dismiss over
ruled July 5, 1911. John L. Rand and
M. D. Clifford, for respondent. w. r.
Slater, Geo. E. Davis, Wheeler e
Hurley, and Richards & Haga, for
appellant. Per Curiam. Appeal re-
instated and motion to dismiss de-
MED.
We will consider these two cases
together since the question involved
is the same in each case.
Per Curiam. On petition of appel
liant for a rehearing upon the motion
to re-instate the appeal and in resls-
tance of the motion to dismiss. The
motion of respondent to dismiss was
allowed on July ), 1911, and the mo-
tion to reinstate the appeal was de-
MED on September 12. This petition
was filed on September 20, 1911.
Upon reconsideration of the whole
case, we are of the opinion that the
appeal should be re-instated, and the
motion to dismiss denied. 1t ap-
pears that the appellant was prose-
cutting his appeal in good faith and
1t is case of great Importance to
it.. The brief was filed within the
time prescribed by the rules, 8 s coun-
sci interpreted or understood them,
being confirmed in that understand
ing by the language of the statement
in the case of Shafer v Beecher, 54
Or. 273, namely, that the 80 days in
which he must file the brief COM
menced from the time of the filing of
the transcript. The time of filing the
transcript had been extended until
April 10, but 1t was actually filed
April 10. The appeal was perfected
on February l3 and the brief was
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
Bernard V. Hassan and Allin, Marion
County,

bernard V. HaSSan and Allin, Marion
County.
Decided, October 10, 1911.
l.. Bernard, respondent, V, Sarah A.
Hassan and William r. Allin, appel
lants. Appeal from the circuit court
for Marion county. The Hon VIM.
Galloway, judge. Argued and sub
mitted Sept. 20, 1911. ]. G, Heltzel
and John Bayne, for respondent. M.
r. Pogue (and w. NJ. Kaiser, on
brieO for appellants. Mcbride, ].
Suit dismissed.
Suit to foreclose a mechanics lien.
Decree for plaintiff Defendants ap-
peal. The facts appear in the opin-
ion.
Mcbride, ]. Defendant Allin was
the owner of a house and lot in Sa-
lem, Oregon, which were occupied by
defendant, Mrs, Hassan In the
spring Of 1908, Mrs. Hassan entered
into contract with plaintiff to make
certain alterations and repairs on
the dwelling house which consisted,
substantially, in putting second
story and roof on portion of the
building; dividing it into four rooms
with partitions; clothing, papering
and finishing them, and painting the
woodwork one coat; covering the
roof with p. & B roofing; putting in
doors and windows; building porch
on the second story and erecting a
stairway from the ground floor to the
porch. The contract price of this
work was $780, Mrs Hassan was to
furnish all the materials for the
work, including doors, windows and
frames.
Plaintiff placed worlmen upon the
building and began the work, but
Mrs. Hassan subsequently changed
her mind and concluded to have six
rooms instead Of four, and continued
to suggest changes and deviations
from the original plan, until finally
1t was agreed that plaintiff should go
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
HERE Us HER OWN sTATEMENT.

Paw Paw, Mich.-"TwO years ago suffered
very severely with displacement could not
be on my feet for q long time. My physician
treatedm me for several months without much re-
lief, and at last sent me to Ann ArbOr for an on
GRAFTON. was there four weeks and came home
suffering worse than before. My mother adj
vised me to try Lydia Il. Pinlzham'S Vegetable
Compound, and L did. To-day 1 am we'll and
strong and do all my own hOusewOrIz. owe my
health to Lydia Il. Pinkham's Vegetable Conn
pound and advise every woman who Is AFFLICTED
with any female complaint to try it." - Mrs.
Orville Rock, II. II, No. 3, Paw Paw, Mich.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-19
Please Read These Two Letters.

The following letter from Mrs orvie Rock will prove
it for submit to the dangers surgical operation when
may be avoided by taking Lydia nkhams Vegetable Compound
She four weeks in the hospital suffering
than before. Then after all that suffering Lydia Pink
hams Vegetable Compound restored her health.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
FINDS HIS
POSITION FRE-EMPTED

When the bartender of shumway's
saloon, No 1870 IeffersOn-ave,, enter
ed that Institution Monday morning,
ne found a strange person seated be.
hind the bar, regaling himself with a
bottle OF beer and succulent section
of limburger cheese.
The bartender asked the stranger
his business there. and the stranger
responded by hurting the cheese at
he bartendeT's head. This was the
Office Tor grand struggle The two
men grappled and fought all over the
barroom.
The sounds of battle came TO the
ears OF Patrolman George Reid, who
hurried TO the scene lie arrived
Just in time as the barkeep was sore
pressed Reid arrested the stranger
who identified himself as Albert a.
Shipley % years old, OF No. 1915
Jefferson ave
lie explained his presence in the
place by saying ne had been locked
in all night The police found the
glass in the back door broken and
they also found a key 10 the cash
register I'm Shipley's pocket.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
ANGLlM WILL NOT TRY
TO REOPEN HIS SALOON

Edward Anglim. for 20 years or
laore, engaged in the saloon business
in Detroit. has decided to give up his
light with the prosecutor and the 20.
Iice. and will make no further at
tempt TO run his place al Champlain
and Randolph.sts
forced 10 move from his stand at
Grafton and Library-ayes Mr.. An
siim located OF. Randolph.st, but
found the new place within 400 feet
OF the Central Presbyterian church,
in violation OF the Warner-Cramton
Law Prosecuting Attorney Shepherd
started proceedings TO have the place
closed with the result that Mr. An
glim's license card was removed sew
etal days ago He was AT first dis
posed to 90 into the courts and fight
back, but upon second thought has de.
C'Ged 10 quit He NAV make appliea,
tion for a new license next year when
the cards are issued provided he can
hnd a suitable location
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
RICHESON PLANS TO GO
ABROAD AS MISSIONARY

BOSTON, Nov Confident that
he will be acquitted OF the charge of
numbering AVIS linnell, Clarence V.
r. Richcson has planned TO marry
Miss Violet Edmands and become a
missionary in foreign fields.
The pastor has told hiss friends that
no matter what the jury decides he
realizes that IL would be folly for him
TO attempt again 10 preach in this
country. For that reason he plans, II
he is acquitted, 20 so either TO China
or Africa.
Richcson was to have been ar
raignCd today on the indictment
WHICH CnHTEps MIN with tire frrttttfer
OF Miss Iinnell District Attorney
pclletier. however, announced that az
the request Of Congressman Robert
Orr Harris, senior counsel for the
prisoner, the arralghment would be
postponed until next Monday
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
MAN is ON BOTH SIDES
IN CUTTING CASES

Peter Saidak, Of No. 4S9 AleXan-
drine-ave. east, is going TO fill the
novel role of both defendant and com
piainant in Justice Jeffries court
Nov. s. in connection with the use OF
knives i'm dsagreements.
Monday morning Sajdak sought a
warrant IN police court against Steph-
en- SwiatkowsN, alleging that lire lat
Ter mad slGshed him across the shout
der with knife. during a street
FIGHT. The warrant was granted, and
a'hile it was being drawn, court OF
icsr stepped up and placed the com
plainant under arrest on warrant
sworn out, Sept 2, by Anthony Show
ron. charging Sajdak with slashing
Skowron's face with a knife during
another street fight, and laying his
cheek omen to the bone. Since then,
officers had been unable to find Sa-
jdak. until he walked into court for
his warrants,
Sajdak and Swiatkowski were both
arraigne1 Monday morning. and were
each held in $500 bonds for hearing,
Nov. S.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
RODGERS ENDS HIS LONG
FLIGHT ACROSS CONTINENT
Reaches Pasadena After Flying
Over High Ranges-Only
20 Miles From Goal.

PASADENA, Cal Nov. 6.-Cal-
braitn p Rodgers is within 20 miles
OF ais goal ia the transcontinental
aeroplane ilisht lie arrived here last
night from Banaing. having crossed
some OF the highest peaks OF the Sier.
ia Madre mountains in the flight.
According To ms manager, Rodgers
has flown 423l miles since he left
New York on Sept IL. Ills actual
flying time has been 1924 minutes
This breaks all records for distance
flights.
on his arrival in Pasadena Rodgers
was almost mobocd by the great
crowd which turned out 20 see his
descent at Tournament park. Rodgers
lirst word was:
Well, one thing is certain. you can
not do transcontinental flight in 80
days"
Taking the air IT noon, Rodgers as.
cended from Banning in the face OF q
2O-mlle wind until he had reached an
altitude OF 400 feet Then he set his
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
Get RID OF
PILES At HOME
Try this Home Treatment
Absolutely Free.

80 matter how long you've been
suffering or how bad you think your
case Is. send 1t once for a free trial
or the wonderful Pyramid Pile Rem
edy. Thousands afflicted as badly or
worse than YOU trace their quick &C.
tovery 10 the day they began using
this maryelously successful remedy
Pyramid pile Remedy gives in
slant, blessed relief Pain disap-
pears inflammation and swelling
suhsi1c. and YOU are able 10 work
again as comfortably rs though you
had never been afflicted AT all ii
may save the expense and danger OF
q surgical operation.
Just send in The coupon below at
CnCe Tor the free trial treatment II
will show YOU conclusiyely what
Pyramid Pile Remedy viii do. Then
You can get thc regular package for
20 cents at any drug store. Don't
suffer another needless minute, Write
now.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
GEORGE HARRISON, JUROR,
COLLAPSES IN COURT

George Harrison. Of Van Buren,
township. a juror serving in the cir
cult court, collapsed while hearing n
case in Judge Colds court, Monday,
and for some minutes was in pre-
CaTious condition
While the case was in progress Mr.
Harrison was seen to leave his seat
and gta-rcr toward window. Judge
Codd hurried 10 his side and placed
him in chair and he soon lapsed
into unconsciousness. The men in
the court room rendered what assist
ance they could. and one ohliging
Juror produced flask from his peck
ct 4 hurried call was sent for a
doctor and Coroner Rothaker re-
sponded. lie found Mr.. Harrison's
heart in bad shape. and after admin
STEERING treatment had the man sent
home. Judge Codd excused him for
the day and the case continued with
eleven Jurors
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
SCALP |TCHED SO
SHE COULDN'T SLEEP
No., Keep from Scratching. Became
Worse and Worse. In Two Weeks
Rid Completely roubIe through
UseofCuticura Soap and Ointment.

lone evening while combing my hair. /
noticed few brown crustlike spots on my
scalp and OF course. | thought II was only
a little dust that had settled there during
the week. SO / washed my hair thoroughly
but saw that they wouldn't come out Then
at the end Of the next week | washed my hair
again, and TO my establishment saw not only
those few but many more had come. Then
my head became worse and worse. and my
scalp started TO itch terribly. 80 that could
not sleep nor keep from scratching my head.
ifhp crtTytftkr pfIrrs iatrr- ofrrffrt aifH
made sores which bled, and they also itched
something terrible. | tried many remedies
but none helped and instead they made my
head worse. This condition al my scalp
kept up for a month. and then one day |
met a friend and she advised me 10 use
Cuticura Soap and Ointment which | did
In two weeks was rid completely OF this
trouble. through the use OF the Cuticura
Soap and Ointment. | am never without
them. for they are my most highly valued
friends" (Signcd) Miss Alva Gustafson, OF
Second Ave-, New York City, May IL, 1911.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07

course directly west and spanked his
-#eteF-sP- to a -3e-#aile gait .-
He was flying 1000 feet high when
he reached Pomona, ~ miles from
Pasadena. After leaving Pomona he
kept his biplane pointing upward until
he had climbed over the fleecy sheets
OF yapor flowing near the tops OF the
highest peaks OF the Sierra Madre
mountains.
His machine. which has only an IS
foot spread OF wings. seemed 10 hest
tate for an instant as the aviator
careened IL into the perilous. though
spectacular glide Then Rodgers per-
formed a spiral dip and landed in
safety,
Ell PASO, Tex. Nov Robert G..
Fowler, the aviator arrived here yes
terday on a train: unhurt. after an
accident which compelled him TO leave
his blHane about one mile from
Mastodon, y. NJ, fourteen miles west
OF I'll Paso.
Fowler had made 200 miles since
leaving Douglas, Ariz., when one OF
his .sparkers on his engine failed 10
work and compelled him TO descend.
He struck the earth with some force,
but his machine was not badly dam
aged.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-11-07
WOMAN ARRESTED AS
Result OF GIRLS DEATH

Clara Schneider. 20 years old. No.
500 Lothrop-aye. died in st. Mary's
hospital. Saturday morning. the re
suit OF A criminal operation, the POI
Ice declare Mrs. Alice Jennings, No.
27I Boyd-str is under arrest In the
central police station. The police de-
clare that IN an ante norton state
menl the girl implicated Mrs. Jen-
nings declaring that she performed
an operation. from which the hospital
physicians saw the girl died
~ IS said the girl preferred the risk
Of criminal treatment rather than
marry her sweetheart, who is OF a
different religious belief
Capt Mcdonnell declared, Monday.
he would lay the evidence against
Mrs Jennings in the hands OF the
prosecuting attorney.