davidaulloa/AmericanStories huggingface dataset:
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-09-19
BEGIN WORK SOON
ON MONDAK CUTOFF
THE MILWAUKEE TO PUT THIRD
PARTY IN FIELD UNDER EN-.
GINEER c. r. JACKSON.

Word reached the Democrat today
from a reliable source to the effect
that the Great NOrthern's branch
| from Augusta to Great Falls would
be completed in about three weeks,
and that instructions had been given
out to take the force now employed
on that branch to Mondak, on the
North Dakota-MOntana line as soon as
the Cascade county undertaking is
finished and start work on the Mon
dak cutoff. which will bring the road
on through Lewistown. This line VIII
follow the completed survey from
MOndak on to the juncture with the
Billings & Northern at or near
Hauck's siding.
Another Milwaukee Party.
c. T. Jackson, who will be remem-
bered by many as having been con-
nected with the engineering work in
the construction of the Montana Rail-
road from Harlowton to Lewistown.
is in the city again, having returned
but short time ago from Panama.
He is now with the Milwaukee and
has been sent here to organize and
fit out a third Milwaukee party to
take the field at once and aid In the
location of a definite route between
Lewistown and Great Falls.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-09-19
BLOODY SHOOTING AFFRAY NEAR
WEEDE LAST SATURDAY
EVENING.
THREE ARRESTS MADE
Dean Parkinson, Jimmy Parkinson
and Bob Parkinson Are Arrested
Looks Like a CowardIy Attempt at
Assassination-County Attorney c.
J. Marshall Returns.

A very serious shooting affray &C.
Cured at Weede last Saturday eve
ming, and as result, Dean Parkinson,
Jimmy Parkinson and Bob Parkinson,
brothers, are under arrest, while
Homer Hodges is suffering from three
wounds, one of which Is very severe,
although it is believed he will recover
County Attorney Marshall, who re-
turned from Weede this morning. Sc
cured the essential facts relating to
the shooting, having gone down there
by auto Sunday with Deputy Sheriff
John Reed and Coroner George Creel.
How It Occurred.
1t seems that Hodges and Dean
Parkinson had previously had fight
and there was bitter feeling as re-
suit. Saturday evening at o'clock,
Hodges was going along the public
road leading past the Parkinson ranch
on his way to the WattersOn ranch.
When in front Of the Parkinson house
Dean Parkinson grabbed Hodges
horse by the bride and said Hodges
had been telling that Bob Parkinson
has been taking up his (Dean's) fight.
Hodges horse was turned and looking
toward the house, Hodges saw the
muZzle OF a rifle covering him. He
started ahead and as he did so the
rifle cracked and bullet took off the
ends of the fingers of his left hand
He was in motion by that time, and
leaning forward, urged his horse into
fast run. The bullets commenced
flying about him and when he had
gene about three hundred yards, a
soft-nosed bullet struck him in the
small of the back, to one side of the
middle, and came out higher up In
front Hodges fell from his horse and
at the same instant the horse fell
dead, having been hit by three bullets.
Given No Chance.
Hodges crawled toward mis- horse to
get his gun from the saddle pocket,
and instantly the firing was resumed.
A charge of shot, either then or lit
tie earlier, hit him in the arm and
side, and he dropped back and crawled
to the cut bank close by, and went
over by the edge of the river. He
then got away to safety and secured
medical attention.
Hodges is doing we'll, all things con-
sidered, and the officers were assured
that unless blood poisoning set In the
man would recover. Coroner Creel
stopped off at Garneill and will be in
tonight. Deputy Sheriff Reed, with
Deputy Arthur Wilkinson and the
three prisoners, are on their way here
by auto and will be in this afternoon.
The Parkinson boys are we'll known
in the Musselshell country and
Hodges also has many acquaintances.
The first news of the shooting re-
ceived here indicated that Hodges was
mortally wounded and it was impos-
sible to obtain further details until
the arrival of Mr.. Marshall.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-09-19
At the Princess.

The big feature show at the Prin'
cess, which has pleased large houses
for the past two evenings, will be
shown tonight and tomorrow. when a
complete change of program will be
presented. The head-liner this week
zis Beeson & Harris in a novel singing,
dancing and original "cry baby" act,
which has more than pleased the
many patrons of this popular little
playhouse. In addition to the vaude-
vile. there are three pictures of ex-
.ceptional interest: "Snowbound With
a Woman Hater." Rescued in Time
and "Hubby's Day at Home" which
make up a program that should be
:seen by all.
Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1911-09-19
Seriously ILL.,

Rev. Lars Anderson. the well-known
Lewistown man, is at hospital In
Great Falls in a very serious cOnd1-
tion. Mr.. Anderson was recently at
tackled by quick consumption. No
hope of his recovery is entertained.
Mr.. Anderson attended the Montana
Wesleyan college at Helena and has
preached at many of the surrounding
towns, although not following the
ministry as a vocation. He has been
engaged in the tailoring business in
Lewistown for number of years and
has many friends here who were
pained to learn of his condition.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04

right to begin another action, he
should have taken a nonsuit When
matter is once fairly litigated, there
is an end Of the controversy.
II is said in White V. Ladd, Al Or.
332, THE potency Of the judgment as
an estoppel concludes every fact nee
essary to uphold it, and extends not
only TO matters actually determined,
but to every other matter which the
parties might have litigated and have
had decided as incident to and essen
TALLY connected with the subject
matter of the litigation This
applies where a subsequent action is
sought to be maintained upon the
same claim or demand"
"In Cyc. 1888 It is said, that judg-
ment is conclusive and indisputable
evidence as to all the points or ques-
tions in issue in the suit and actual
ly adjudicated therein, when the
same come again into controversy be-
tween the same parties or their priv
les in proceedings upon the same or
a different cause Of action Defen-
dant, however, contends that the
judgment was not an adjudication
upon the merits and therefore not a
bar to another action and he seeks
in this suit to try out the title liti-
gated in the ejectment action. Sec
ton 337 L. o. L. provides that the
judgment shall be conclusive as to
the estate in such property and the
right to the possession thereof, so far
as the same is thereby determined,
upon the party against whom the
same is given, and against all per-
sons claiming from, through, or un-
der such party" And in Sec. 329 L.
o. L., "The jury by their verdict
shall find as follows =. (2) II
the verdict be for the defendant, that
the plaintiff is not entitled to the
possession of the property described
in the complaint or to such part
thereof as the defendant defends for,
and the estate in such property or
part thereof established on
the trial by the defendant, if any;
in effect as the same is required to
be pleaded"
AS appeared from the judgment en-
try, the plaintiH failed to prove any
title to the property and the evidence
offered by defendant was stricken
out, and upon that condition of the
case both parties submitted the case
on its merits and each asked for an
instructed verdict IN his favor, and
the court directed that the jury re-
turn verdict in favor of defendant; /;
that the defendant is the owner and
entitled to the possession of the pro-
perty described; and plaintiffs mo-
ton was denied, the verdict returned
and judgment was rendered thereon
accordingly. This was an adjudica-
tion that the plaintiff had not estab-
lished any title to the property, and
defendants prior possession as ad-
mitted by the pleadings is sufficient
to support the judgment, and that
Judgment concludes the plaintiff in
that action to thereafter maintain an
action on the same title. The verdict
in that action was no more than a
finding by the court, that, as against
the plaintiff, the defendant was the
owner and entitled to the possession
Of the property. In Hoover viking,
43 Or. 2S5 it is held, the verdict be-
ing simply "for the defendant, and
the judgment rendered thereon "or-
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04

your kind words of appreciation. |
was certain you would find a cure for
dandruff in plain yellow minyol
which | always recommend.
Now, as to such symptoms as fire.
quent, scanty, burning uncomfortable
urination accompanied by pains in the
small of the back, bladder irritation
putted ankles, swollen eyes, etc, you
| should know that the kidneys are out
of order and not properly performing
their duties. Never neglect such
symptoms as they may increase and
cause Bright's disease, or diabetes
Begin taking the following prescrip-
ton and continue until all symptoms
have vanished: Fluid ext. buchd /
o., comp. fluid balmwort 1 OF. and
comp. syrup sarsaparilla 4 ozs. Mix
and take a teaspoonful before or af-
ter meals and one when retiring. AT
first your symptoms may increase,
but gradually they will disappear al
! together.
Blue Alice: You crave sympathy
because you are sensitive of your abb
normal thinness, and thus you are not
attractive like a plump, healthy, Wig
orous girl of your age should be. If
you will faithfully follow this advice
you should soon be rewarded with in
creased color, pink cheeks, red lips,
healthy waving hair and an additional
twenty to thirty pounds in weight.
Obtain S-grain Hypo-Nuclane tablets
and take regularly for three to six
months as per directions in sealed
package. You will not be lonely and
neglected when you become plump
and healthy.
Auto Girl:-You probably eat too
heartily and do not get sufficient ex-
ercise. However, the joys of motor
ing has caused many to neglect walk
ing, and thus constipation, headaches,
biliousneSS, muddy complexion and
pimply faces appear more than ever
amongst women. If every such per-
son would adopt the use of 3-grain
tablets sulpherb (not sulphur, they
would be freed from constipation and
all the distressing results above
enumerated This little tablet can be
used indefinitely and keeps the blood
pure and the bowels active when or
dinary laXatives are ineffective.
Madam R.:-Since you are lady
of wealth and do not care for your
own hair and scalp, but depend on a
professional hairdresser, why do you
not insist on her using the plain yell
low minyol. Scores of the best beau
ty parlors and hair dressers use min
vol and thus please and keep their
| customers. l assure you it will make
your hair lustrious, glossy and beau
tiful, while scalp sores and dandruff
will no longer trouble you. Plain
yellow minyol is packed in 4 OF. Jars
and any well-stocked drug store has
It.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04

defendant, ]. E. Carroll, is the owner
and entitled to the possession as
against the plaintiff, Geo. A. Lee, Of
the property described in the COM
plant, to-wit: Lots 6, Z, s, and 10
of block 21 of the town Of North Pow
der, Union county, Oregon, according
to the plat OF said town Of record in
the office Of the Recorder Of Convey
ances OF Union county, Oregon, and
that said defendant, J. H. Carroll,
have and recover of and from the
plaintiff, Geo. A. Lee, defendants IS
coss and disbursements in this action
to be taxed, and that execution issue
therefor"
Plaintiff also introduced in evil
dence a quit claim deed, executed by
Geo. A. Lee and wife to this defen-
dant, McLaren, Of date December 81,
1909, and rested.
Defendant thereupon offered in evil
dence the transfer Of the land by the
United States to the state OF Oregon,
and the conveyance by the state of
Oregon to James Welch, and plat OF
the town of North Powder, made by
James Welch, dated September 16,
1885; a quitclaim deed by James
Welch to this defendant, McLaren.
dated December 10, 1909. Plaintiff
thereupon offered in evidence a prior
warranty deed to those lots given by
James Welch to Buckley, of date
March l, 1892, being the deed in the
chain. or title to Geo. A. Lee, plaintiff
in the ejectment action The judg-
ment if otherwise sufficient is a bar
to this defendants title under the
Welch deed of December 10, 1909. At
that date Welch had no title of trans
fer to the defendant by quitclaim
deed or otherwise and therefore the
defense is not aided thereby.
The only other question for consid-
Grafton is whether the judgment at
the time it was rendered concluded
the title of Lee, and if 1t did, it also
concluded the title of this defendant,
McLaren. In the ejectment action,
Lee, the plaintiff, alleged that he was
the owner of the property in fee and
that defendant was in possession
thereof; therefore his right of recov-
cry depended upon proof of that title.
The statement in his complaint that
the defendant was in the possession
of the lots was an admission of a
prima facie title in the defendant suf-
ficient, as against all persons except
the true owner, to entitle defendant
to judgment: o. r. & n. Co., V. Hertz
berg, 26 Or. PIG, 222; Browning V.
Lewis, SO Or. II, II; Sommer V.
Compton 80 Or. 173; Gallagher V.
Kelliher, Or; ia Pac 943; Will
son V. Fine, SO Fed. 7S9; Mickey v.
Stratton, Sawyer AIS; Campbell v.
Silver Bow Mining Co. 40 Fed. AZ.
Therefore, even though the court
struck out all of defendants evidence
in that action, there still remained to
support his title the admission of his
possession, upon which he was EMIT
led to judgment, if the plaintiff did
not prove better title. Plaintiff
having preceded to trial on the mer-
its was bound by the result. He will
not be permitted to speculate on the
result of the trial and, if defeated,
begin another action based upon the
same title. He was bound to present
his whole case or if he deemed his
evidence insufficient to entitle him to
recovery and he desired to save his
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04

dered and adjudged that said motion
for judgment be, and the same is
hereby granted and allowed, and that
plaintiffs complaint filed herein be,
and the same is hereby, dismissed,
and the defendants have and recover
of and from the plaintiff their costs, F"
that there was no adjudication of the
title and another action was not
barred thereby. But it further held
that if the judgment adjudicated the
title even on such a verdict it would
be sufficient against collateral attack.
In the ejectment action the title is
found to be in the defendant therein
and the judgment also adjudicates
that defendant therein is the owner
and entitled to the possession Of the
property as against the plaintiff and
is, therefore, conclusive of the title.
The only title relied upon by McLar-
en- is by quitclaim deed from Geo. A.
Lee for the same property, executed
subsequent to that judgment and he
is barred thereby.
The decree of the lower court will
be reversed and one rendered here
adjudging that defendant has not the
title to the premises in question and
quieting plaintiffs title thereto.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04

X. OIL judge from your letter
that you have led a very unhappy
life, and now that you are married
sickness intervenes to destroy your
new found contentment. Your symp-
toms indicate a disordered liver and
are repeated here for the benefit OF
others: DrOwsiness, weakness, Ian
guor, especially after eating, nervous
ness, headache, floating specks, diz-
ziness, sallow complexion, constipa-
ton, irritability, etc. For malaria OF
disordered liver and bowels this pre-
scription may be relied upon when
properly filled by an honest drug
gist Fluid ext mandrake 3 drains
aromatic cascara 1 o., compound es-
sence cardiol 1 o., aromatic syruI
rhubarb ozs. Mix and take one
half to teaspoonful after each meal
and at bedtime. Continue several
months if necessary.
Anette;-Severe and weakening
coughing spells on arising in the
morning or after slight exertion in
diCate bronchitis or bronchial asth-
ma. A most sure and effective pre-
scription is given as follows: Oil OF
eucalyptus l dram, terebene 1 DRAM
essence mentho-laxene, 21s ozs., gly-
cerine ozs. Mix, Always shake
bottle and take a teaspoonful every
hour or two hours through the day
John K.:-Your devotion to your
wife and your anxiety for her welfare
are commendable; but her trouble is
not serious now, but will become so
If neglected. Her symptoms being
those of indigestion and dyspepsia,
are pains under the shoulders, heart
palpitation, shortness of breath after
eating, belching, gas and heavy feel
ing in the stomach For quick relief.
obtain a package of tablets triopep-
tine and take pink after breakfast,
white after dinner and blue after
supper. AS a tonic, restorative. take
"a teaspoonful before meals of the
following: Compound syrup hypo-
phosphites 6 ozs, tincture cadomene
compound l OF. Mix. Continue six
to eight weeks.
Bad Teeth.-You should consult a
good dentist even if you have only
two bad teeth, AS you say. tooth
powders and pastes are expensive,
but you can make enough of the very
best to last your whole family a year
or more at trifling cost compared
with labeled goods. The following
formula can be mixed by anyone and
will prevent decay. cleanse, purify
and remove accumulations of tar
tar" and discolorations of tobacco,
berries, etc. Get ozs. precipated
chalk. 3 ozs. powdered sugar, OF.
powdered soap and 2 ozs. antiseptic
vilane powder. Mix thoroughly and
keep dry. Apply with toothbrush
one or more times daily.
l. R. B"-I must thank you for
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04
OREGON SUPREME COURT DECISIONS
Fall Text Published Courtesy Turner Reporter Of
Supreme Court

/ Now at this time this cause came
on for further trial before the same
jury Of yesterday, the parties
thereto appearing by their respective
attorneys, and the taking Of testi-
mOny on part of the plaintiff in chief
havin- been concluded and the de-
fendant having introduced his evil
dence, the plaintiff, by his attorneys
in open court, moves the court to
take from the jury all the testimony
and evidence offered on part of the
defendant, and the motion having
been argued and submitted, It is by
the court ordered and directed that
all of the testimony admitted on part
Of the defendant be, and the same is
hereby, taken from the jury. Where
upon the defendant moves in open
court for an order instructing the
jury to return a verdict in favor of
defendant that he is the owner and
entitled to the possession against the
plaintiff Of the property described in
the complaint, for the reason that the
plaintiff has failed to prove a case
sufficient to go to the jury as fol-
lows, to-wit That the conveyance in
troduced in evidence by plaintiff
from James Welch and wife to ]. NJ.
Buckley refers to a plat of the town
OF North Powder then on file in the
office Of the county clerk of Union
county Oregon, and that no such
plat has been shown or proved and
the only plat introduced in evidence
shows upon its fact that it was made
and acknowledged in Sept 1885, and
that plaintiq has shown no title to the
property described in the complaint,
and the plaintiff moves in open court
for an order directing the jury to re-
turn verdict In favor of the plain
tiff that plaintiff is the owner and en-
titled to the immediate possession of
the property described in the COM
plant, to-wit: Lots 6, Z, 8, 8 and 10,
in block 21 of the town of North Pow
der, in Unnon county, Oregon, ac-
cording to the plat of said town now
OF record in the Office Of the Recorder
of Conveyance of Union county, Ore,
and the two said motions having been
argued and submitted together, it is
ordered and directed that the Jury re-
turn verdict in favor of the defen-
dant that defendant is the owner and
entitled to the possession of the prop
erty described in the complaint and
plaintiffs motion is denied. Where
upon the jury returned into court the
following verdict: We, the jury in
the above entitled action, find that de-
fendant, ]. e. Carroll, is the owner
and entitled to the possession. as
against the plaintiff, of the property
described in the complaint, to-wit:
Lots 6, 7, 8, and 10 of block q of
the town of North Powder, Union
county, Oregon, according to the plat
of said town now of record in the Of
flee of the Recorder of Conveyances
of Union county Oregon.
"B. w. Bates, Foreman.
Which verdict was read in open
court and ordered filed. Whereupon
the defendant in open court moves
for the entry of judgment upon the
verdict and, 1t is therefore by the
court ordered and adjudged that the
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04
CAUSES SICKNESS.
Good Health Impossible with a Dis,
ordered Stomach.

There is nothing that will create
sickness or cause more trouble than
a disordered stomach, and many peo-
pie daily contract serious maladies
simply through disregard or abuse of
the stomach.
We urge every one suffering from
any stomach arrangement, indiges-
tion, or dyspepsia, whether acute or
chronic, to try Rexall Dyspepsia Tab
lets, with the distinct understanding
that we will refund their money with
out question or formality, if after rea-
sonable use of this medicine they are
not satisfied with the. results. We
recommend them to our customers
every day, and have yet to. hear OF
any one who has not been benefited
by them. Three sizes, 25c, soc and
Sl.OO a box. Sold in Salem at our
store-The Rexall Store. ]. C. Perry.
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04
Carroll '. McLaren, Union County.
Decided. November 2S. 1911.

Decided, November 28, 1911.
j. E. Carroll, appellant, V. ]. R. Nc.
Laren, respondent. Appeal from the
circuit court of Union county Hon
]. w. Knowles, Judge. Argued ant
submitted at Pendleton, November 1
1911. j. D. Slater for appellant
Turner oliver and IT. H. Crawford
on brieD for respondent Eakin, C. ]
Eakin,C. j. This is a suit to quiet
the title to lots g. 7, 8, 9 and 10 in
block 21 Of the own of North Powder
Defendant denies plaintiffs owner.
ship and possession of the lots and
alleges that he Is the owner and in
the possession thereof.
The first contention of defendant is
that at the trial it appeared that
plaintiff was not in possession Of the
property at the time the suit was
commenced and that, therefore, the
court is without jurisdiction, contend
ing that such possession was juris-
dictional under Sec. SIG L. o. L. The
subject of the suit is of equitable
cognizance to quiet title and in such
a case the fact that plaintiff is moi
III pOoSSoSlOu Vi Jne property may be
waived, and where the defendant an
swers to the merits and seeks affirm
ative equitable relief as is done here
the court may proceed with the exer-
else of jurisdiction and grant the
equitable relief appropriate in the
case.
This is the holding in OHara v
Parker, q Or. 1856, and in State v
Blize, 81 Or. 4O4, and it is fully dis
cussed in Maxwell v. Frazier, So Or
1873, 1877. The defendant, having sub
mitted himself to the court and hav-
ing invoked that Jurisdiction for af-
tirmative relief, has waived the right
to question the jurisdiction of the
court
Plaintiff, to establish his title to the
premises, offered in evidence the
Judgment in ejectment rendered by
the circuit court Of the state of Ore
gon for Union county on October 10,
1909, in the case Of Geo. A. Lee v. ].
Il. Carroll, this defendant the judg-
ment being as follows:
Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-04

A Des Moines man had an attack
OF muscular rheumatism in his shoul-
der A friend advised him to go to
Hot Springs. That meant an expense
OF $4,000 or more. He sought for a
quicker and cheaper way to cure it,
and found it in Chamberlain's Lini-
ment. Three days after the first ap-
plication of this liniment he was we'll.
For sale by all dealers.