davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

have a word to say even about the time
the hearing shall adjourn for lunch. He
cannot pass upon single question which
arises, but must refer every dispute to
the judges. who eventually pass upon the
case. Hundreds of pages of testimony
were taken in Washington recently be-
fore the examiner. to all Of which OBJ
lection was entered.
1t went into the record and will cost
from one to two dollars a page for print
ing alone. Some time the judges must
plod through it, perhaps only to decide
that it should not have been received.
Thus. 1t is that this momentous question
will be decided in the first instance by
judges who. perhaps will not see a wit
ness in the case. Instead of the witnesses
coming to the court and testifying in a
week or SO, six high-priced lawyers and
corps of stenographers are travelling
over the country to the witnesses at large
expenditure of money and occupying
months of time. Yet judges and attOr-
neys are striving best they can under
an Anticipated system.
y j.
IDLY never again will an equity suit
be strung out over thirty-five years as
the Edison suit referred to before has
been continued. One of the new rules
provides that after cause has been
placed on the trial calendar it may be
passed. but if it is not reinstated within
one year the suit shah be dismissed The
expensive practice of producing expert
witnesses is reduced so that the poor man
may defend his patent against rich in
fringer
Much of the delay complained about is
due to the mass of matter thrown for
consideration upon the judges in the
higher or appellate courts. Steps have
been taken by the Supreme Court to REM
edy this and at the same time to reduce
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

north parapet, with what may be a
forty-foot street in front Of them. On
framed and glazed. is a sketch, painted
on wood of Fort Stevens. In one cor
ner of the sketch is this: prepared
for Mr.. w. V. Cox by W. A. Knowles"
BY the side of the sketch is this de-
Scriptive matter:
Fort Stevens formerly Massachu-
setts). named in memory of Gen. Isaac
!. Stevens, occupied this site. 1t had
an armament of nineteen guns and was
described as "a powerful and satisfac-
tory work
The fort had a perimeter Of 1.125
feet and was 321 feet above mean tide.
There were two magazines, a bomb
proof and blockhouse within the in
closure.
"on July 10. 1864. Fort Stevens was
garrisoned by Company X. 15Oth Ohio
National Guard. commanded by Capt.
S sa1tana. portion of the 18th Michigan
valescents from various branches of
the service. commanded by Lieut.. Tur-
ner numbering in all 200 men. Eighty
seven shots were fired from the forts
IL and IL. 1864. when Gen. Early made
his attack on Washington.
During the battle President Lincoln
stood by the side of Gen. Wright en-
cOuraging the Union soldiers to deeds
of valor.
Gen. ]. c. Breckenridge. the candi-
date receiving the votes of the seced-
ing states for President of the United
States, was also present expecting to
enter the capital with the Army of
Northern Virginia.
x
Some of the descriptive matter is
within quotation marks, but the name
of the author could not be read in the
VI ha fa r
man visited the place.
The quoted matter follows:
1.-The fight had lasted but a few
minutes when the streams of bleeding.
rear. The little brigade of Union
troops. numbering only a thousand men
when it went into action had lost $50
of it's number. The commanding officer
of every regiment in the brigade had
been either killed or wounded
I'VE gathered our dead comrades from
the field where they had fallen and gave
them the rude burial of the soldier on the
common near Fort Stevens, within sight
of the Capitol
field, especially along the 7th street road
one sees numerous new houses, but to
the northwest the country is still un-
built on, and only a few farmhouSes,
some of them old, show among the hills
and ravines. One sees long wide stretch
IS of woods in their seasonal nakedness
but gray and purple in the winter haze
Some patches Of pines light the prospect
with green.
On ground lower than the ruinous fort
and southwest from the Flagstaff is COM
fortable-looking frame house dwelt in by
Elizabeth Thomas, a woman seventy five
years old. known to all the country
roundabout as Aunt Betty" Generally
she is classified as q cOlOred woman, but
before her marriage her name was Eliza
beth Proctor. The Star man asked if she
We're KIN to the big tribe of Procters liv-
ing in Charles and Prince Georges coun-
ties. Nd, and who are especially numer-
Gus in the Prince George districts oil
Brandywine. T. B., Surratts and Oxon
Hill. For time out Of mind those people
We're known as free Procters'' for the
reason that they were not slaves. The
Star man mentioned the tradition and the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

comes out to the old place and stops to
see her.
e
on the east SIDE of 7th street road-was
owned by Richard Butts. Aunt Betty
says that Butts was killed by Federal
officer. that he was a large landholder
and slaveowner in that section and that
the widow, Mrs. Nancy Butts. continued
in possession Of the land for several years
after the war. Rife trenches from Fort
Stevens toward Fort SlOcum crossed the
Butts land.
Aunt Betty's memory is very good, but
she has been repeating Fort Stevens
stories SO long to tourists that one feels
that her imagination may fill in here and
there where her memory has failed.
North along Georgia avenue one comes
to a holy plot of land covered even sc
late in the year with green turf, and
above which rise sad pines and spruces
A gray stone wal, surrounds the place
AT one side stands red stone cottage
with mansard roof Two old guns mount
the wall Of the red stone lodge Is large
bronze tablet headed Address of Presi-
dent Lincoln at the Dedication OF the
Gettysburg National Cemetery. November
10, 1863" Following this is the text OF
the memorable address,.
A granite walk leads to the center OF
the plot. Here from a circular mound
rises a flagstaff, where the colors fly
from reveille to retreat. The outer margin
Of the mound is marked by forty-three
white gravestOnes that tell the resting
places of dead patriots. Most of these
men were New Workers: tWenty-three
stones bearing. after the name of the
grave tenant, the letters IN. Y" Twelve
We're Pennsylvanians. two were Massa
chusetts men, one was NermOnter. one
a Maine man. one Rhode Islander, anG
one a regular of the United States Army
The home of two is not indicated. These
men are sleeping in Battle Ground Gene
terry.
On the west lawn of the cemetery are
three granite monuments in north-soutl
row. The southernmost of these monu-
mentS is inscribed:
I'm Memory of Our Comrades Killed
and Wounded in Battle on this Field July
II and II. 1864; ?sth Regiment P. ". Isl
Brigade. 2d'Divisioa. 9th Army Corps,
The next monument is inscribed:
ITO the gallant sons of Onondaga
county. \. Y, who fought on this field.
July II. 1861. in defense of Washington
and in the presence of Abraham Lin
coin. I'D n. Y. W
The third monument is inscribed:
''Ohio Memorial to Company X. 10th
o. n G. |. Which Took Part in the De-
Tense of Fort Stevens, D. c., July II.
1864
On these monuments are the names OF
the men stricken on the Fort Stevens
field.
Travel north by west along the great
historic Seventh Street road, pass Silver
Spring. pay tribute at the archaic toll
gate, and mile beyond this barrier You
will come to Grace Church. 1t seems to
be relatively new building on the
site of an older. On two sides it is en-
compassed by grave-filled grounds and
many Of the tombstones bear dates OF
long ago At the southeast corner of the
burial ground, with the busy pike On the
west and the fruitful fields of Alton
Farm on the southeast, is gray monu-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22
Christmas Efficiency.

"a y alert resourcefulness is the hall
mark OF the efficient Christmas
salesman or saleswoman," said Jerome
s. McWade. in one OF his MONDAY talks
TO the business men of Duluth.
Mr.. McWade. smiling, then added:
THAT was an efficient saleswoman to
whom a man shriekesl despairingly from
the mob. about a Christmas bargain
counter:
Help. Help, They've broken my
arm
Very good. sir the saleswoman said
promptly. .Splints and bandages. at great
~ reduced prices. are to be found at our
emergency counter. seventh floor center,
ninth aisle to the left, north side -
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

been named in the suit, or that there
is an insufficiency of fact to support
the suit. In either event the matter
would be set down for formal hearing.
sumed in dealing with this phase Of the
litigation. After February l these old
bread winners for the hungry lawyers
will be abolished. The rights of clients
will be protected by allowing points to
be raised on motions to dismiss.
which may be set down for hearing by
either party within five days. The right
to have the proper parties named in
the suit may also be raised by the
answer to the suit. Even If this
method is pursued, the Supreme Court
has taken precautions to hustle things
along. II the plaintiff does not call
for an argument on the point of proper
parties within fourteen days he may
forfeit his suit entirely.
:: =
At present the plaintiff files his
bill" the defendant may answer"
and then the plaintiff is given another
whack at it by being permitted to file
a reply" The reply" almost invari-
ably denied what was contained in the
answer" The Supreme Court has
counted out the reply" 1t has estab-
lished the rule that courts will take
1t for granted that everything in the
answer is denied.
Another deathbiow to technicalities
was couched in the new rule which pro-
vides that "the court. at every stage of
the proceeding. must disregard any error
or defect in the proceeding which does
not affect the substantial rights of the
parties" This rule will avoid hundreds
Of new trials every year.
howl will probably arise from the
clerks OF federal courts from the provi-
sion that the clerks Office shall be- open
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

the cost of printing in event OF appealing
Instead OF printing the whole record Of
proceedings i'm the lower court the attor-
neys are required to condense In the
liant are to select such papers as they de-
sire to send up. The opposing attorneys
may then add to this list.
Instead Of taking the evidence from the
trial court to the appellate court in the eN-
act words of the witness and the lawyers
examining them, the attorneys Will be
required to condense the testimony into
narrative form. In the Standard Oil dis
solution suit the testimony laid before
the Supreme Court for reading filled
twenty-one volumes. About as many
words We're contained therein as were
spoken in the session of Congress then
meeting. 1t would have required the
court about as long to read the record as
that Congress was in session. The entire
testimony probably could have been con-
densed into one volume. Judge Hough OF
the New York federal court recently COM
planned that in a patent case before him
the record comprised thirty-siX large oc-
tavo volumes, Of which more than one
half was repeated matter.
Under the new rules the parties. with
the approval of the trial Judge. are au-
thoriZed to prepare a mere statement OF
how the case arose. how decided and the
facts proved or sought to be proved ana
send that up to the appellate court. When
it is considered that it costs $4,000 to
print the record in some cases before the
Supreme Court the revolutionary nature
of the rule is appreciated.
The court has cautioned lawyers against
including formal and imma terial parts of
exhibits and other documents in the ap-
peal record. In order to discourage Ell
fectively the practice i'm this regard the
court provides that the lawyers them
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22
Shoppers Cramp.

CIMEON FORD. at dinner of hotel
- men in New York, discussed a new
disease.
There's new disease called shoppers
cramp." he said. 1T appears early in
December, becomes violently epidem g
about the middle of the month and ends
suddenly on the evening of the 24th.
Women feel shoppers cramp in the
arms, the limbs. everywhere; but il at
tacks the husband only in one place-the
pocket"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

ent generation is best acQuaint-
ed is Fort Stevens. The reasons
are that it was the center and most adj
vanced point of the fortified line engaged
in blocking the Confederate attempt to
take Washington in reverse in the sum-
mer of 1864, that it was the focal point OF
EarIyS attack OH or demonstration
against the capital. that President Lin
coin stood on the ramparts and watched
the skirmishing and killing on the Car
berry and Pilling lands to the north. that
much has been printed on the battle OF
Fort Stevens and that strong efforts have
been made by public-spirited men and as
sociations to have the fort preserved as a
federal reservation.
Other reasons are that the ruin OF this
earthwork lies only a little Off street
car line and near one of the great travel
WAYS of the District that monumental
memorial was lately erected there with
distinguished public ceremony. that on
the wayside beyond, in a national Gene
terry, rest the bones of some of the Fed
erals killed in the adjacent fields. ana
three miles beyond, in churchyard, is a
monument marking a mound wherein rest
the ashes of unknown Confederate SOL
diers exhumed from field graves after the
war.
n x
At Brightwood a traveller may see in
several places guideboards directing the
way to Fort Stevens and the Lincoln
Memorial bowlder Access to the fort Is
by a narrow dirt road leading north from
the intersection of Georgia avenue, 14th
street. the Military road and the Milk
house Ford road. This road parallels the
old eth street road, or Georgia avenue.
from the junction mentioned to point
near the Walter Reed Hospital. where It
enters Georgia avenue. Suidepost says
that it is Piney Branch road. Where it
passes in the rear of Emory Methodist
Episcopal Chapel your eye will probably
catch this sign nailed to a chestnut post:
Fort Stevens Lincoln Memorial Boulder.
To the west and curved to the southwest
is the worn but distinct form of the para
pet of Fort Stevens. with the ditch at the
outer face. The parapet is quite high and
the ditch quite deep despite the level.ng
and filling that have been in progress for
fifty years. The outline of the fort is
marked by a thin growth of unthrifty
locust trees.
Fifty yards west of the guidepost is a
section of parapet that has been partially
restored, and on this has been set up a
bowlder of gneiss and granite. On the
corners of the pedestal are relic cannon
shot fired on this field. Nailed to a black
locust tree close upon the southwest cor
ner of the bowlder monument is this
sign:
"This place was identified by Gen
Wright as the spot where President
Lincoln stood exposed to the fire of the
enemy during the battle of Fort Ste
vens July II. 1864
In the parade of the fort, near the
bowlder. but nearer the west end OF
the work, is flagstaff. presumably in
the position of the staff that stood
there when Fort Stevens flew its flag
Near he staff is IL long depression in
earth marking the site Of one OF
the magazines.
::
A line of six two-story frame houses
stands within the work parallel to the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

vania within few days after the first
shovelful of dirt was thrown out of the
Panama canal by direction of the Ameri-
can government That was in 1904 The
coal company claimed damages for being
charged new rates while competitors were
given the old and lower rate in force on
the road for long time past. Since the
suit was begun the coal company has
gone into bankruptcy judgment for
Sl2.013.51 has been rendered in favor of It,
but ii is now urged before the Supreme
Court that the entire litigation avails
nothing. because the coal company should
have gone to the interstate commerce
commission for relief before asking the
courts to act
The Supreme Court has just dismissed
for want of jurisdiction a suit begun
several months before the Panama canal
excavation was started in 1891. This was
simple damage suit by Emma r. Nc
Caoe of Kentucky for the alleged negli-
gent killing of her husband while work.
ing for the Chesapeake and Ohio Railway
Company. Three times the case was con-
sidered by the court of appeals of Ken
lucky. the highest court in that common
wealth. and twice by the Supreme Court
OF the United States. In the end the
widow got nothing, although jury
a verdict of $500 to her. Most of the
time the courts devoted to the case was
given to a consideration of the technical
question of jurisdiction.
::
x -
Another case just argued before the
court was whether a teacher in the pub
lie schools OF the District of Columbia
was a matter of law divorced from
his wife early in 1907, almost six years
ago. The court has not informed the
couple. One case just decided consti-
tuted q review of an order by New
Mexico judge directing the sale of a
dredge, which was threatened about seven
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22
Plenty of Christmas Trees.

kTHERE will be plenty of Christmas
trees. bright, fresh. green and
fragrant. in Washington despite the quar-
antine declared by the Department of
Agriculture against coniferous trees from
regions in the north and east infected
with the gypsy moth" This was said
by a florist whose ante-Yuletide practice
has been to bring to Washington carloads
of spruce fir and hemlock-mainly spruce
and to set up little forests along the
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

urge the merits Of that beautiful and
widely dispersed shrub. Whether be-
cause of this or because of rather tardy
official recognition of the decorative vir-
tues Of this plant it is quite true that
there is a rhododendron boom in WASH
ington.
1t has been noted before that more than
growing in the southwest end of the
Treasury garden. that on the south and
west they grow up against the iron picket
fence and that on the east they are
bounded by the brick and granite drive
way that leads from the street level at
the south of the Treasury to the base
ment of the national treasure house.
Note has also been previously made
that a few yards west CT the point at
which 10Th street touches the Monument
Lot, B street is divided by a narrow
parking, that this midway plot is grown
with grass until a few hundred feet east
of 18th street hedge of rhododendron
begins. This hedge continues to 18th
street. makes skip and begins again,
avenue with the north roadway of Poto-
mae Park or B street continued.
X x
Recently it was determined to further
embellish the Capitol grounds by planting
rhododendron. 1t will be massed behind
the wall at the west front Of the grounds
f1anking the broad walks that lead from
PENNSYLVANIA avenue and from Maryland
avenue to the plaza in front of the west
staircase.
The Agricultural Department has lately
set out two closely planted beds of 70
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

river. and from Stafford King George and
Westmoreland on the Virginia side. Great
thickets of holly grow In these counties
but in the Christmas trade there is holly
and holly. Holly to bring good prices
must have plenty OF berries on II.
scarce"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

years ago when the order was entered
with being swept away by mountain tor
rents.
These have been law cases. The court
has had an even more impressive expert
ence with equity cases. For instance.
after taking thirty-f years to wend
it's way through the equity courts. a suit
over Thomas Edlson's patent for an auto
matte telegraph system has just now
come up for consideration by the Supreme
Court. When the suit was brought the
country was engaged in celebrating it's
marvellous progress as marked by the
centennial exposition at Philadelphia.
The world has grown tired of EXPOSE
tons marking the progress of the nation
since that year. Thousands upon thou
sands of dollars have been spent in TAX
sioners in America and England. And
the end is not yet.
What does the Supreme Court propose
to do to remedy these conditions?
In seventeen words, the court prob
ably accomplished its greatest reform.
~ n less otherwise prescribed by
statute. or these rules, the technical
forms of pleadings in equity are
abolished" 1t would be difficult to esti-
mate how many men are dying in poor
houses today because that rule was
the rule may be judged from the seem
ingly reliable statement that One-half
the time Of American court Is taken
up with consideration of the techni-
cal forms Of the proceedings.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

during business hours on all days. eN-
cept Sunday and legal holidays instead
of the first Monday of each month. to re-
ceive and dispose of motions and other
proceedings which the clerk is author
lied to grant as a matter of course. AS
to motions which require a hearing be-
fore a judge, the Supreme Court lays
down the rule that at least one day a
month be set aside for that purpose
In keeping with the object OF having
litigation move along swiftly in the
courts. the Supreme Court will reduce
the number of martyrs produced from
time to time.
At present a federal court can only
place a party in jail for refusing to obey
It's command. The aSgrieved party gets
no relief and the stubborn one becomes
n martyr After February the court may
direct that the desired act be done by a
third person instead of attempting to in
duce the performance of the act by a So
journ in jail.
Ranking high among the reforms is the
one that requires ''the testimony of wit
nesses shall be taken orally in open
court except as otherwise provided by
statute or these rules" Under the rules
a good and exceptiOnable cause" must
be given the judge before the testimony
may be taken outside Of court, as is done
generally today.
1HS REFORM means tHdt inc idiSc VI
having an examiner or a master to take
testimony will pass away. No more not
able spectacle of the result of taking
testimony before an examiner need be
cited than the pending judicial hearing in
the governments suit to dissolve the
United States Steel Corporation as a
violation of the Sherman antitrust law.
Henry r. Brown. Il lawyer, was appointed
examiner to take the testimony. Under
the rules of practice today. he does not
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

i takes approyi-
mately as long TO
carry a big case
through the courts
OF the country as
il has required TO
dig the Panama
canal. and Yet there
are over three times
as many lawyers in
the United States as
there are men work
ing on the istllmus
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

selves may be required to pay the costs
incurred by mira ctions of the rules. I re
ring Of the language of the court sounds
if some easy-Going lawyer may become
"A horrible example shortly after Feb
ruary l.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

Y leaving the north
drive of Potomac
Park when oppO-
site the south front
of the Museum of
Hygiene on OBJ
servatory Hill and
walking n o T t II
about one hundred
yards you will note
a scraggy willow
tree-of course,
bare of foliage at
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22
Interesting Pillars.

THERE is one gate of the Soldiers
Home that is open only on one day
each year. 1t is the northwest gate Of
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22
Planting Rhododendron.

WHENEVER the discussion of the sub
w ject Of national flower breaks
forth the friends of the rhododendron
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

= all the links in the Gordon of
civil war defense of Washing
ton. that with which the pres
ent generation is best acQuaint-
ed is Fort Stevens. The reasons
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

At present the solicitor may dilly-
daily along by filing "demurrers" and
pleas" setting up that too many. or
too few or the wrong parties have
Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-22

There is no doubt that at this big. wide
'ock the channel of the Potomac swept