davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
D. A. VALENTINE,
Clerk Supreme Court.

No. 1885.
FREQ ROBERTSON and ]. w. Ratcliff, APP
pellants,
The Board of County Commissioners. of
the 0 County fro Of Rawl Wins, Appellees.
MODIFIED.
l.. One who procures an assignment of
claim deed to be executed and delivered
to himself by inducing the grantor to be-
lieve that the instruments will be used
to perfect the title of a third person
claiming to be the owner of the land af-
fected becomes a trustee of whatever he
acquired for the benefit of such third
person.
2. In such case it is not material that
the fraudulent grantee acted voluntarily
previous fiduciaTy relation to and prac-
ticed no deceit upon the claimant of the
land; that the grantor was the only per-
son deceived; that the grantor was not
actively concerned in perfecting the
claimants title and had no specific design
to accomplish that end; that the fraudu-
lent grantee made no promise to use the
instruments in perfecting the claimants
title; and that the claimants title was
in fact voidable.
8. It would be unconscionable to allow
an evil doer of this kind to reap any ad-
vantage from his Vaccinations and to
transaction the beneficial effect which
the party who acted in good faith under
stood it would have.
A.. A petition pleading a specific title
as the foundation for relief is not en-
larged by an amended answer which, be-
sides pleading specific defenses. states in
general terms that the plaintiff has no
title, and in order. to secure the benefit
of a new title acquired subsequent to the
institution of the suit the plaintiff should
obtain leave to file a supplemental pc
tition setting up such title.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
| ISeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
published in The Topeka State Journal
February A. 1911.l
State of Kansas.

State of Kansas,
Executive Department.
PROCLAMATION
I. W. r. Stubs, Governor of the State
of Kansas. do hereby offer a reward of
ONE HUNDRED AND FIFTY DOLLARS
for the arrest within ninety DAYS from
this date and final conviction thereafter
of the unknown party or parties, who,
upon the 18th day of June, 1910, shot and
killed Jessie Heeks in Independence Kan
sas. Said reward to be paid upon final
conviction of said unknown party or par
ties.
IN TESTIMONY WHEREOF, I have
hereunto subscribed my name
and caused to be affixed the
lSeal1 Great Seal of the State of
Kansas. Done at Topeka, this
18th day of Februay. 1911
w. R. STUBBS, Governor
BY the Governor:
CHAS. H. SESSIONS,
Secretary of State.
J. T. BOTKINS,
By Assistant Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
FOR sALE-HoRsEs. COWS. ETC.

FOR sALE-HORsEs. COWS, ETC.
FOR SALE-1 pair good horses. 1 set good
harness, nearly new: l farm WAGON
nearly new; 1 buggy and harness. Ind
195e-Ring ].
NINE young sound farm horses and
mares 200 to 1900 lbs. 12S Topeka ave
FOR SALE-One 7-year-old bay mare
weight 400; one team all purpose horses
weight 100 lbs. Si9 e. 9Th.
FOR SALE-One fine mare coming z
years old, part McGregor stock, weight
about 1850 to HOO lbs, $125 cash Come and
see it. ina. tel 2l79-Ring J. M s. Hum nm
uaer, station A. Topeka Kan
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
LEGAL
HousE BILL No. 4S3.

Furnished in The Topeka State Journal
February IA. 1911.1
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 6,s07.
Chas. E. Stevens. Appellee


Chas. E. Stevens. Appellee,
The Missouri, Kansas & Texas Rail-
way Co., Appellant
Appeal from L.abette County.
AFFIRMED.
Syllabus. BY the Court. Smith, ].
l. Where, in an action for damages,
It is alleged In the petition that the
plaintiff was injured by a defect in an
appliance. which he was in duty bound
TO operate, and that the defendant had
ercise of reasonable care, should have
known of the defect, and that the plain
TIN had no knowledge thereof it is not
essential TO the plaintiffs cause of action
that he allege that he could not, in the
exercise OF reasonable care, have ac-
quired knowledge thereof.
2 In such case, If the defendant relies
upon the contributory negligence of the
plaintiff as defense, it devolves upon
him to allege and prove it..
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
No. 1858.
Eliza J. HARRISON, Appellee,

Eliza ]. HARRISON, Appellee,
P L. Beets. H. p. Beets, Fannie Linn,
Jennie Beets, Lydia Beets, w. E. Linn,
Aaron HARRISON, and H. P. Beets and
w. E. Linn as Executors of the Last
VIII and Testament of Joseph Beets,
Deceased, Appellants.
Appeal from Miami County.
AFFIRMED.
Syllabus. By the Court West, ].
1. In suit to set aside a will questions
were submitted to a jury and answers
returned which were approved in part,
changed and revised in part by the trial
court, the findings as finally determined
being sustained by portions of voluminous
and conflicting evidence. Held, that
such findings must be upheld, and that
complaints concerning Instructions are
without avail unless leveled at those
which show that the court misapprehend-
led the law applicable to the case and
wlfichsindueed the finding
9 Such findings, while seemingly in
consistent, being susceptible of Teconcll-
iation with one another and with the de-
cree are controlling.
3. Mental capacity to understand and
direct the terms of will made by a man
eighty-six years of age to change form
er WILL is not inconsistent with an insane
delusion causing such change.
All the justices concurring.
A true copy.
S Attest: d. A. VALENTINE.
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
SHOPS.

GUNS cleaned and repaired by experts
The H r. Howard Supply Co. ITO x. 4.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

First published in The Topeka State
Journal Friday, February 10, 1911
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

LET US make that goods bought at jan
uary SALE Try us. Miss Maude Brown,
first stairs south Of the new Mills bldg.
500 Kansas ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
POULTRY.

THOROUGHBRED Buff Orpington eggs,
$3.50 for Is. 1924 College ave.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
pooI, AND Brr11aRn TARr,Es

EOOL ANO bE14LIAhD IAoA4k1S.
FOR SALE-New and secondhand bill
lard and pool tables and bowling alleys.
We lead the world in cheap bar fix.
Brunswick-Balke-Co llender Co.. 132s-aa
Main street. Kansas City. MO.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14
Appeal from Kearney County.

]. r. Hardie Defendant, and H. M. Doc
little and Missouri Doolittle, Appel
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-02-14

HOUSEHOLD GOODS.
Rugs made from old carpets; beautiful
effects Prices 800 and up. Carpets
cleaned, sewed, laid, Mccormick Osborn
Rug Factory. 522 Van Buren,.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
AGRICU[T URA[-- TRAIN
COMING MARCH Esd
Everyone Who Can Should
Come, See Exhibits
and Hear Talks.

The agricultural train which is tour
ing the State and receiving great ova-
tions everywhere will reach Marietta,
Thursday, March %, at a, N.
Don't forget the date.
1t will reach Powder Springs on
Tuesday, March q.
Don't forget the date.
The train is met by thousands, who
60 to see the equipment and the live
stock and to hear the lectures. A
great deal more interest is manifested
than was ever shown before.
There are seven cars, six of which
are for exhibit purposes. The live
stock consists of pair of Percheron
horses, Hereford bull, a grade cow
and calf, specimens of the Jersey and
Holstein, two breeds of hogs and a
flock of sheep, together with poultry.
There is a large exhibit of farm ma
chinery and exhibits of agricultural
products, model farm buildings, etc.
six carloads in all.
All who can should visit the train
when it comes to Cobb county
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
McCLURE'S WAS TANNED
AT EMBROIDERY SALE

The rush that struck McCmre's
Monday was like a cyclone. Mr..
Grim, the manager. had put on an
embroidery sale. He had big lot
OF thirty-five and tifty-cent embroidery
that he had decided to let go at ten
cents. 1t was advertised in last
weeks Journal and Courier, and the
sale was to start at o'clock, being a
part of a big six-days' sale that he had
scheduled for the week. BY 1880
o'clock Monday morning the store was
we'll filled. and by $3.50 it was TANNED.
The ladies had gathered up the EN-
broidery and held it in their arms.
waiting for the clock to strike 9. Some
of them had all the way from two to
four dollars worth. 1t was almost i'm.
possible to move about in the store.
The sale started promptly at 9. and
in forty-tive minutes over 5000 worth
of embroidery was sold.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
THEDOCTORS'S QUESTION
Much Sickness Due to Bowel
.DisorderS~

A DOCTORS first question when con-
suited by So patientIis, k"Are your
bowels Fegulsr?" He knows that SO
per cent of:illness is attended with in
active bowels and torpid liver, and
that this condition must be removed
gently and thoroughly before health
can be restored.
Rexsll Orderlies are a positive,
pleasant and safe remedy for constipa-
tion and bowel disorders in general.
We are go certain of their great cura-
tive value that we promise to return
the purchasers lmoney in every case
when they fail to produce entire
satisfaction.
Rexall Orderlies are eaten like
candy, they act quietly, and have a
soothing, strengthening, healing in
fluence on the entire intestinal tire ct.
They do not purge, grippe, cause
nausea, f1atulence, excessive looseness,
disrhoea or other annoying effect.
They are especially good for children,
weak persons or old folks. Two sizes,
25c. ond l0c. Sold only at our store
The Rexsll Store-W. A. Sans Drug
Store.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
Acworth Wants Trolleys

Acworth has started after the troll
ley line and has asked Gainesville to
join in the move. Gainesville has
agreed to cooperate, and a pull. is to
be made to extend the road from Ma
rietta to the capital of Barlow.
1t is proposed to have the line
touch Elizabeth, Kennesaw, Acworth.
Allatoona, Barlow, Emerson, Huga and
Lena, and to end at Gainesville.
The Boards of Trade of Acworth
and Gainesville have taken up the
matter actively, and President Ark
wright is said to have given consider
able encouragement to the proposition
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
OFFICIAL PROCEEDINGS
OF THE CITY COUNCIL
Several Matters of Interest
Disposed of at Mon
day Night Session
REGULAR MONTHLY MEETING OF
MAYOR AND CITY COUNCIL
HELD MARCH G, 1911.

Present: Mayor f. H. Clay and full
Board of Council.
Council called to order by Mayor E.
H. Clay.
Minutes of regular monthly meeting
held February 6, 1911, and call meet
ing held February 20, 1911, read and
approved.
Reports of City Clerk w. J. Black,
City Marshal c. II. Goodson and Sex
ton S. NJ. Bruce read and approved.
Mr.. ]. G. Roberts, city treasurer, is
absent on account of sickness.
Motion made by Councilman T. w.
Read, and seconded by Councilman G.
A. Griffin, That the petition of Mr. ].
J. Daniel be granted, provided he
pays the city what it Is worth for ten
feet of ground on Stewart avenue, the
amount of worth to be determined by
arbitration. Mr.. Daniel to furnish one
arbitrator and the city to furnish one
arbitrator, and If they can't agree, to
select another. Motion carried.
Question of fixing Gov. Browns
property referred to Mr.. G. A. Griffin
chairman of the Street Committee
with power to act.
Motion made by Councilman G. A.
Griffin, and seconded by Councilman
S. c. McEachern, That the Kennesaw
Paper Company be paid $13965 for
last months water bill. provided they
give the city of Marietta a receipt in
full for all demands for water until
the LIST day of April. 1911. If they
don't do that, that said bill lie open
Motion carried
The petition of the colored citizens
in regard to the cemetery is referred
to the Cemetery Committee, with pow
er to act.
Motion made by Councilman ]. J..
Black. and seconded by Councilman C.
w. Carter, That the city clerk be in
structed to notify the street car com
pany to do something at once to lay
the dust on Atlanta street, caused by
street cars. Motion carried
Motion made by Councilman c. w.
Carter. and seconded by Councilman
S. c. McEachern. That the following
accounts be approved and ordered
paid. Motion carried:
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
Afraid To Stay Alone.

Cherry Valley, Ark Mrs. Carrie
Moore of this place says: II was
afraid to stay by myself. l had head
ache nearly all the time; my heart
would palpitste, and my vitality was
very low. When I would lie down, at
night had no hope of living until
day. l tried Cardui, and now I feel
better than [ have for years l
cannot praise Csrdui enough for what
it did" Are you a woman? Do you
need tonic? Try Cardui, the woman :
toajc Your druggist sellsit
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
BOTH DESIRED DIVORCE.

The attention of The Journal and
Courier is called to the fact that in
the account of the tilt between Judge
Morris and Colonel Moss at Canton
last week it should have been stated
that Colonel Mills. who represented
Mr.. thompson in the divorce proceed,
ings' was not opposing a divorce, but
wished to have the disabilities of his
client removed when the divorce was
granted his wife. Under that view, he
was not really an opposing counsel and
was practically on the same side with
Colonel Moss. Both sides lost when
the judge ordered a verdict against the
divorce.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
COL. ]. v. ROBERTSON
IS CLAIMED BY DEATH
Was Railroad Commission
er and Later Adjutant
General of State.

Colonel James Walthall Robertson.
one of the most widely known men in
the State, who for many years occu-
pied position of prominence in pub
lie affairs, died at 1870 o'clock Sunday
afternoon at the residence of his SON
in-law, Mr.. II. G. Coryell, in Marietta
Colonel Robertson was eighty years
Of age, and, while throughout his life
he had been splendid specimen of
physical manhood, he was too enfee-
bled to withstand the attack which
seized him three weeks ago, and Sun
day afternoon he passed peacefully
away.
Before the war Colonel Robertson
was an instructor in the. Georgia Mill
tary Academy in Marietta. He was for
a long time manager OF the Roswell
Manufacturing Company and of the
Porter Manufacturing Company at
Clarkesville. He was appointed a mem
Der OF the Railroad Commission by
Governor Gordon and Adjutant Cen
eral OF the State by Governor Gambler.
He was held in the highest esteem bv
all who knew him.
= Colonel Robertson was a member Of
the building committee that erected
the Presbyterian church in Marietta.
and his membership was there until
he moved to Gainesville.
The funeral was conducted at the
Presbyterian church by DR.. Patton.
A number OF friends came up from At
lanta, among them Adjutant General
Scott. The interment was in the Citi-
zen's Cemetery
Colonel Robertson, looking forward
to the time of his death, gave direc-
lions, In April. 1906, for his own
funeral. He made three copies of the
Following, one of which he gave to
Captain w. r. Joyner:
IF | should die in Chattanooga. At
lanta or Marietta, | wish these direc-
lions followed, If practicable:
Il wish to be embalmed and to be
buried in Marietta on the west side of
the monument. l wish to have nv
grave bricked over like the balance of
the graves in my lot.
Telegraph Captain w r Joyner
Atlanta; J. r. Robertson, Charleston.
S. c.; Hewlett Joyner and Kate Favor
Atlanta; Lima Baker, Gainesville; II.
G. Coryell, Marietta; w. p. Nc.
Clatchey, Chattanooga, and Mary Oil.
yer, Colonial Beach, Va.
i want my grandnephews to act As
palloearers: w. r. Joyner's sons. w
H. Joyner's sons, Kate Favor's sons
and Alex Baker.
I want the following gentlemen to
act as guards of honor: Sex Anderson.
Chuck Anderson, M. Clinkscales. J r.
Brumby, Captain ]. w. Hudson. Bolin
Glover Colonel Robert Nesbit. Colonel
Charles Phillips, John Boston, of Ma
rletta, and r. j. Lowry, of Atlanta.
IF l should die in CHATTANOOGA or
Atlanta, my coffin shall be opened to
let my grandchildren see me. On the
west side of the monument want this
inscription:
James Walthall Robertson. born
in Augusta, Ga, August IL. 1880: died
at"
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
Terrible Picture of Suffering

Clinton, Ky.-Mrs. NJ. G. Elroy, in
letter from Clinton, writes: For
six years, was sufferer from female
troubles. ] could not eat, and could
not stand on my feet, without suffer
ing great pain. l had lost hope. After
using Csrdui week, began to inn
prove. Now l feel better than in six
years" Fifty years of success in
actual practice, is positive proof,
furnished by those who have tried it,
that Csrdui can always be rel ed on
for relieving female weakness and
disease. Try Cardui, today, now
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
Tribute to Mr.. ]. L. Gray.

From the Dixon Qll.) Telegraph.
VIM. H. Gray received a message
Wednesday announcing the death of
his brother, Josiah l.. Gray, at Ma
rietta, Ca, former citizen of Dixon
and ex-sheriff of Lee county. He had
not been we'll for some time, but his
last Illness must have been of short
duration, for card was received from
him about a week ago stating that he
was able to be around His wife was
away from home at the time of his
death
Josiah L. Gray was a native of Leaf
River, Ogle county, where he was born
October "a, 1874. When he was five
years old his parents moved to Lee
Center. He was variously engaged as
farmer and mechanic at Lee Center
until December, 1890, when he came
to Dixon to serve as deputy sheriff
Following a term of four years as dep
uty sheriff, he was elected sheriff in
1894, serving the full term with credit.
Mr.. Gray was a veteran of the civil
war, being a member of Company D,
Fifteenth Illinois infantry, and fought
with his regiment in Sherman's army
and was with him when he was driv-
ing Johnston's army north, and was
with him in the grand review at Wash
ington. He was then sent West to
Kansas and Nebraska to suppress the
Indian troubles, the regiment being
stationed at Kearney, and on Septem-
Der 26, 1865, was honorably discharged
at Leavenworth. He was the youngest
of ten children, and had three brothers
in the war. Several years ago Mr.
Gray bought farm in Georgia, and
has made his home there since. He
leaves many friends in Lee county.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
All kinds of low cut shoes
cheap tor caSh-H. A. WARD.
Mrs. Cook Tells Truth

Dexter, ky.-ln signed statement.
Mrs. Cook telle the truth about how
Cardui brought back her health and
strength, She says: II could not get
any relief, until | tried Cardui the
womsn's tonic. l suffered more or
less for l0years, and WAS so weak and
nervous | could hardly do my
house work. Now ] am in better
health than ever before, am regular as
clock WORK do not suffer at all. and
gain strength every day Thousand ,
of women have been helped back to
health by Cardui Try it,
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10

In the District Court of the United
States, for the Northern District of
Georgia. In Bankruptcy.
In the matter Laurel Mills Manufac.
turing Co , Bankrupt.
Notice is hereby given to the
creditors of the above named bankrupt
OF Roswell in the county of Cobb, in
said Northern District ofGeorgia, that
a meeting OF the creditors will be held
IN saidIcase at Marietta ,Gaat the Court
House gu the 18th day of March, 1911.
at l O'Clock p M, at which time and
place claims may be proven, the bank
rupt examined, a trustee elected, and
and all other and further business
transacted properly coming before
said meeting.
GEORGE D. ANDERSON.
Referee in Bankruptcy.
Marietta, Ga Feb 26 1911.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
POST-OFFICE BUILDING. Marietta

BUILDING, Marietta.
Ga. Sealed proposals will be re.
ceived at this building until 2
O'Clock p. M, March oath, 1911, for
furnishing fuel, lights, water, ice,
miscellaneous supplies, washing
towels, hauling ashes, and sprink-
ling streets for this building during
the fiscal year ending June Both
1912, or such portion of the year as
may be deemed advisable. The
right to reject any and all bids is
reserved by the Treasury Depart
ment.
GEORGE II keller,
men III 1t Custodian,
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10

FOR SALE-Two houses and lots
and one vacant lot on Powder Springs
Street, Marietta, close in. Both good
houses and desirable for a home. Two
thirds cash and balance in one or two
years, For information and price, see
John p, Cheney at Marietta or write
me. ID. B. Grist, Agent, for Miss Mat
tie B. Grist, 446 Luckie ST., Atlanta,
Georgia. iebl0-tf
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10

NOTICE-Why not own your
own home and quit paying rent.
| represent a concern which will
furnish the money to build YOU a
home and you can pay for it in
monthly payments about equiv.
alent to the rent, provided you
own your own lot. Others are
taking advantage of this. Why
not YOU? If you are interested,
come in and let's talk the matter
over and see if you like the plan.
Respectfully,
If. FRED NORRIS,
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10
For Rent, the front and r, ar
of my store, furnished tn
modern, up-to date fixtures
w. A. GAIL n.
CORPORATIONS MUST REGISTER

Judge Gam asks The Journal and
Courier to call the attention of the
officers of corporations and those who
must pay special tax to the fact that
they must register in his office. The
payment of the tax is not all that is
necessary. 1t is a misdemeanor to fail
to register, and court meets in a few
days The judge says he would regret
exceedingly to see anybody get into
trouble, and he wishes to see all come
forward and register.
The Marietta journal and courier. (Marietta, Ga.) 1909-1918, 1911-03-10

Motion made by Councilman J. ].
Black, and seconded by Councilman
c. w, Carter, That the mayor be
authorized to borrow 100000. includ.
ing the $4,000 already passed up.
from the chairman of the Sinking
Fund, Mr.. S. c. McEachern. Motion
carried
Motion made by Councilman c. w.
Carter, and seconded by Councilman
5. {. McEachern, That the city fire
man be instructed. from this day I'M
I'll further notice, to have the city
square sprinkled every morning. be.
ginning at > O'Clock. except Sunday
morning, and have it done SUNDAY
morning, beginning at l O'Clock at
night, and that the chairman of the
Fire Committee. Mr.. J. J. Black. be in
structed to notify the city fireman, NJ.
A. Morris, to this effect. Motion car
ried
The petition Of Mr.. Lewis and 9th
ers in reference to fixing Church
street referred to the Street Commit.
tee
Mayor f. H. Clay appointed a com
mittee of three, consisting of MIR. J. J.
Black, chairman; Mr. G. A Griffin and
Mr. T. w. Read, to confer with the
Civic League officers and ask them. al
an official meeting, to get busy on our
bond election and help carry it.
Motion was made by Councilman c
w. Carter, and seconded by Council
man T. W. Read. That the auditors
report be filed with the city clerk as
part of the proceedings of this meet
lRg, and that the same be kept for in
spection by any taxpayer of Marietta
to be seen by any of them at any time
they see fit, and that the City Council
officiaAy congratulate the city officers
on the fact that the report shows that
every cent of money collected and