davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1912-02-02
MIR. EDWARDS HAS NEW PIECE.

Charles T. Edwards. the popular
local composer. has added one more
musical gem to his collection of
pieces. His latest composition is
"The Leap Year Polka, and is dedi-
Gated to the women patrons Of the
Brownson dancing school. The piece
is characterized throughout by live
ly trains, and is one af the musical
sensations of the season. All OF Mr..
Edwards unusual talent is displayed
in this selection. and it will be intro
duced in this city Saturday night at
the Brownson dance. An attractive
novelty program has been arranged
for Saturday evenings dance at the
Brownson, and the Snake Dance" will
be accompanied by The Leap Year
Polka.
Evening journal., 1912-02-02
THEATRICAL MECHANICS DANCE.

The Theatrical Mechanics Associa-
tion will hold its second annual ball
in Turn Hall tonight Stausebach's
Orchestra will play a new two-step
dedicated by Irwin Berlin, the com
poser, to the association. One of the
dances on the program is to THE
EVENING JOURNAL. officers Of the
dances are: Edward Henry, master
of ceremonies; Henry Draine. musical
director; James A. Berry. treasurer;
James J. Kane. chairman Of publicity,
and A. n. Cole, secretary.
Evening journal., 1912-02-02
WIZ, she A,ked Fer.

Uncle Jack. who was visiting them
from the west, wished to talk to Eliza.
beth's father at his Office. He could
not find the telephone directory and
thus appealed to three-year-old Eliza
beth for Information regarding the
phone number: elizabeth. what does
mother ask for when she talks to
daddy at his officer
Elizabeth was wise for her days.
Money" she lisped.--Ladies' Hor
Journal.
Evening journal., 1912-02-02
plentv a. Ends.

''Mamma." queried small Edg
'how many ends are there to stick
candyY
1.-TWO. Of course" was the reply.
'That's funny" unused the little fel
low. II have bitten OF three or fou
ends. and there are two left yet
Chicago News.
Evening journal., 1912-02-02
cHrRCH ENTERTAINMENT.

At Madeley Church on Monday night
an entertainment was given. Violin
aud piano selections were given by
Mr.. Tipka and Miss Erickson. Mr.,
Harrison aud Miss Ethel Ewing gave
song solos A dialogue entitled, The
Modern Sewing Society" was present.
cd by the Ladies' Aid Society.
Evening journal., 1912-02-02
Was Born So.

Stranger In Town-So that ia the
haunted house9 What gave IL such
signi6canceY Resident--Well. there's
been something uncanny about It from
the beginning. Even when II was
built IT didn't exceed the contractors
estimate.-Puck.
Evening journal., 1912-02-02

Wants are far reaching in their in
fuence-they form an important part
tn both business and domestic oconc-
n1.-AdF.
Evening journal., 1912-02-02

Chances for many profitable trans
actions are presented from time to
time through Business Opportuni-
ties.-Ady.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
Androscogsin County.

Thomas Saucier, in Eq vs. The Maine
Supply and Garage Co. and Androscoggln
County Savings Bank. Rescript by
Savage, j.
i. mechanics lien for labor and ma
terials furnished under a contract takes
precedence over mortgage given sub
sequently to the making of a contract,
though the labor and materials, or some
of them. may not be actually furnishes
until after the mortgage Is given.
2 The testimony of the officers and
trustees of the defendant bank affords
good grounds for the conclusion that the
bank officers understood when they took
the mortgage and parted with the banks
money that the plaintiff was then CON
structing under a contract the building
ON which a lien Is claimed. That helms
so, there Is no basis for the banks claim
OF estoppel Whether the contract ex
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

Edwin Day of. Manchester. N, H..
and Mrs.1 James Rogers and daugh-
ter Hister of Wellesley, Mass, who
have been visiting at 6. e. Smiths. re-
turned home, this week.
The county commissioners were in
town the 23rd and 25th, locating the
bounds of some portion of the county
road
The Helping Hand Club met at
Mrs. Masses, Wednesday.
H. l.. Jackson shipped a carload OF
his own hogs to Boston, the 23rd.
Mrs. II. L. Dole of Boston is call =
ing on friends in town.
Mr. Berwin of Boston, who owns
one of the potato houses here, was
here. last Friday. He will not buy
potatoes here, this winter, but space
will be rented in the house to farm
ers to store potatoes.
Mr.. and Mrs. G.. f. Smith are WIS.,
iting friends at the sea shore.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
RESCR|PTS.
E RECEPTIONS Overru|ed in
futile VS.. Mertow.
Decision in Suit Against Aroos-
took Valley Railroad.
Rescripis Also Given in Cumberland
York and Androscoggin Cases.

| The law court has handed down re-
script. drawn by Associate Justice
Savage in the Kennebec county case of
Susan d. futile VS.. Emma H. Morrow,
as follows;
l. To establish a resulting trust by
parol evidence the proof must be full
clear and convincing. But the rule may
| be satisfied though there be only one
witness against one, one against sew
/ eral The circumstances, the conditions
tand the probabilities speak. as we'll as
tthe witnesses.
| 2. When the issue was whether a
transaction in which the plaintiff deliv-
cred certain moneys to the defendant to
be used in paying for land, constituted
a resulting trust, or was a git, or ad-
INancement from mother TO daughter and
the plaintiff the mother, on cross
examination was asked whether the
amount of money was not about what
the defendants interest in her property
would be. il she We're dead the answer
was properly excluded as immaterial. 1t
had no legitimate tendency to prove a
gift.
3, An admission made by a defendant
tending to support the plaintiffs con-
| tention may be shown by the plaintiff
in the first instance, or it may be shown
in rebuttal after the defendant has
testified.
| Motion and exceptions overruled
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

PROMISES SQUARE DEAL.
Frederick A. Hobbs, South Berwick,
Wants to Be Attorney General.

The following letter which is being
sent to members of the Legislature
is self-explanatory
South Berwick, Me-, Sept. &c, 1912.
Dear Sir
| desire 10 announce that | am a
candidate for attorney general.
There are certain things YOU should
know in considering my candidacy.
am in the usual situation of candi-
dates. aspiring to office and as ii is
incumbent upon me to inform you of
such matters as are to my advantage
or Your right to know, / will do it di-
reetly and briefly.
[ was born in Hollis, Me-, in 1875
/ have always lived in Maine. Twen-
ty years ago I went to Orono to at
tend the State College. I paid part
of my college expenses by teaching,
working in sawmills, on farms, and
at such other work as | was able TO
Obtain and borrowed the rest. l don't
remember that l attended any full
term in my four years in college. ]
was elected Ivy Day orator by my
class, Mas one of the editors of the
"Pfismss' was awarded 4 the. prize for
oratoryl in the Junior gear99 and was
one ofl1the first five in arefag sc rank
for the fotIr7years work, refeiYiflgt ap
appointment as one of the Commences
ment speakers. | then became an as
sistant teacher in the Westbrook High
school. In 1898 at the commencement
of hostilities with Spain l enlisted as
private in Co. M. of the 1st Maine
Infantry. When that regiment was
mustered into the United States ser
vice ! was commissioned as second
lieutenant and served as such during
the war. In the four years from June,
1896 | taught three years in the
Westhrook High school, served eight
months in the army, taught the Al
fred High school two terms, and
studied law sufficiently to pass the
examinations and be admitted to York
county bar at the May term, 1900. In
the fall of that year commenced the
practice of law at South Berwick. In
1906 | was elected county attorney
for York county and reelected, in
1908. | have heretofore been Re-
publican. / shall vote the Progressive
ticket in the coming Presidential eiee-
ten.
l promise without equivocation or
reservation that. if I am elected at
torney general for the state of Maine
/ will perform all the duties and ex-
ereise all of the powers of that Of
flee faithfully, impartialiy and for
the advancement and benefit of the
whole people of Maine.
l respectfully ask for your support.
Yours very truly,
FREDERICK A. HOBBS.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
Ugh! How Children /
Hate Castor Oil.
Delicious "syrup of Figs" Best to
Cleanse Their Little Closged Bowels.

Look back at your childhood days.
Remember the physic that mother in
sisted on-eastor oil, caiomel cathar-
tics How you hated them, how you
fought against taking them.
With our children it's different The
day of harsh physie is over. We don't
force the liver and 80 feet of bowels
now; we coax them. We have no
dreaded after effects. Mothers who
cling to the old form of physic simply
don't realize what they do. The chill
drens revolt is well-founded. Their
little stomachs and tender bowels are
injured by them.
If your child is fretful, peevish, half
sick, stomach sour, breath feverish
and it's little system full of cold; has
diarrhoea sore throat, stomach-aehe,
doesn't eat or rest well-remember--
look at the tongue, If coated, give
teaspoonful of Syrup of Figs, then
don't worry, because you surely will
have we'll, smiling child in a few
hours.
Syrup of Figs being ccmnosed en-
tirely of luscious figs, SIENNA and aro-
MATES simply cannot be harmful. 1t
sweetens the stomach, makes the liver
active and thoroughly cleanses the
little ones waste-clogged bowels. In
a few hours all sour bile. undigested
fermenting food and constipated waste
matter gently moves on and out of
the system without gripping or nausea.
Directions for children OF all ages,
also for grown-ups plainly printed ON
the package.
i BY ali means get the genuine. Ask
your druggist for the full name "Syr-
up of Figs and Elixir of SIENNA" pre-
pared ny the California Fig Syrup CO
Accept nothing else,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
Aroostook County.

Murray Brothers Co. vs. AroosteoS
Valley Railroad Co. Rescript by Saw
, l. 1he plaintiff made contract in
writing with the defendant to construct
for ii a road bed for a single track rail-
road from Pressure Isle to Washburn.
The contract itself was silent as to the
precise location of the railroad The
plaintiff claims that the contract ,was
understood 10 be. and was in reality tor
a road bed along an approved location
mostly within highway limits. The ae-
PENDANT claims that it was understood
TO be for road bed along an intended
location through fields, woods and
swamps. mostly outside of highway
limits The road bed was in fact econ
structed along the intended location. out
side of the highway. The plaintiff claims
that it consented to modification of
the contract changing the location from
the highway to the place where the road
bed was constructed in consideration of
the defendants promise to compensate
1t for the additional expense. and diff
Guilty occasioned By the. change and to
pay what the labor and materials used
in constructing the road bed along the
new location were reasonably worth.
This suit is brought to recover addi-
tional compensation under this alleged
promise.
Upon this principal issue in the case,
the court is OF opinion that the plaintiff
has failed to show by preponderance
of the evidence that the original con,
tract was understood to be for a road
bed within the highway limits. or that
there was modification of the contract
or that ii is entitled to receive more
than the original contract prices, so tar
as the location is concerned.
?. Some of the timber furnished by the
defendant for the plaintiff to use n
erecting trestles was unsound and un-
suitable, and was on that account more
expensive to the plaintiff to work than
would have been the case IL the timber
had been reasonably sound and clear
The court is OF opinion that the plaintiff
should be allowed $500 additional, on ac-
count of this timber. ~
g. The plaintiff, "A contractor, agreed
In do certain work ION force account
the defendant to pay the actuaf cost,
plus temper cent. In the contract it was
provided that the ges of cemmon la
borers was not to exceed 81 a day. This
Is not to be construed as authorizing the
cumstances but only so mucn as was
reasonably necessary, and in no event In
exceed g day. The defendant conn
planned to the plaintiff that il was pav-
ing higher wages than was reasonably
ffeeessary. The complaint resulted in the
piaintiff's leaving the work: and it now
claims that il was discharged The evil
dence shows that the defendant was ius-
titled in the complaint that was made,
and that the plaintiff could not complain.
and take it as a breach of contract. III
unreasonably high wages.
4. The plaintiff is entitled to Tecoser
an admitted balance of $2.1S614 ard $500
for extra work on the timber in the
hestles. and interest from the date of
the writ,
judgment for the plaintiff for s2.333. II
and interest from Aug. l6, 1911.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
How's This2

We offer One Hundred Dollars Re
ward for any case of Catarrh that can
not be cured by Halls Catarrh Cure.
f. J. CHENEY & CO., Toledo, O.
We, the undersigned. have known Il. J.
Cheney for the last 10 years, and believe
him perfectly honorable in all business
transactions and financially able to car
~ out any obligations made by his firm,
NATIONAL. BANK OF COMMERCE..
Toledo. O.
Halls Catarrh Cure is taken internally,
acting directly upon the blood and mu-
cous surfaces of the system. Testlmon-
ials sent free. Price % cents per bottle.
Sold by all Druggists.
Take Halls Family Pills for eonstipa-
tfon
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

from falling. 1t stops that itching al
most instantly.
Herpicide is the one standard and
original dandruff germ destroyer Any
other preparation making this claim
is an imitation.
Recommended and applied by first
class BARRIERS.
Send 1oc in postage or silver for
sample and booklet to The Herpicde
CO., Dept. r., Detroit, Mch.
Newbros Herpicide in soc and $100
sizes is sold by all dealers who guar
antee it to do all that is claimed. If
you are not satisfied your money will
be refunded,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

of the School by the pastof9 miss Anne
Moore CT East Vassalhoro will sing
is!nsie by the school will be a feature
The Primary and Beginners depart
sment will also have special parts. Il
is hoped by the pastor and Sunday
school board to make this a great day
as to attendance and interest Mem
bers of the main school are urged to
be present. 1t is hoped that good
representation OF the Cradle Roll and
Home departments will also be pres
ent
EAST-V. d. Nicholson, manager OF
the endowment campaign for Oak
Grove Seminary was calling in this
vicinity. Tuesday.
Mr.. and Mrs William Gallagher are
on few DAYS visit to her daughter
in Pittsfeld.
Mrs j. r. Holder is recovering from
a severe attack of stromatitis, which
involved all the mouth and tongue.
Mrs Margaret Steelbrook, who has
been stopping several months with
Lizzie RaGndy, went, last week, to her
sons, IA Eartland.
Friends and neighbors of Mrs. Liz
zie RouHdy, who had a severe attack
of sanerene in the third finger of her
right hand about a month ago, are
mucn gratiied with her hopeful con-
dition. She is about the house a little
and very comfortable. The arm and
hand are doing well considering the
severity of the case, but the finger
will soon BE amptHated.
Mrs. sadie l.. Hodges of North Fair
field. with her : sister, Miss Annie
Nichols. was calling on friends, Thurs
day.
Mrs. Nettie q. Butler. with Mrs
Warren staples. both of Roxbury,
Mass. left Tuesday, for home, after
n weeks visit at her fathers, j. f.
Waehburn's.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
SECOND HUNTING FATALITY.
David Rodgers, 15-Year-Old Boy
Shot and Instantly Killed.

Chatham, N B., Sept 27.-The Sec
ond fatality of the hunting season
in this county, Vas reported, TO-DAY.
While shooting big game near Barti-
bogne. Is miles from Chatham, Da-
vid Rodgers, 15-year-old son of
Thomas Rodgers of this town, was
shot and instantly killed. A bullet
from his own rifle, which he was
drawing towards him in clump of
bushes. passed through his body.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

Brunswick and Topsham Water Dis
trict VS.. Inhabitants of Topsham. Re-
script by Savage, j.
IL To sustain a bill in equity to re-
form a contract, the plaintiff must show
that the contract executed does not ext
press the terms to which the parties ac-
tually agreed, and which were intended
to4sbe expressed and that the mistake
was mutual The proof must be full,
clear and decisive, and beyond reason
able doubt or uncertainty, but it is not
necessary that the testimony be free
from contradiction. -
2. That there was mistake in draft
ing the contract in question In this case,
and that it was a mutual mistake. is es-
tablished by the requisite burden of
proof
with additional costs, =
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
York County.

Jesse Wilmot Berry VS.. Atlantic Shore
Line Railway and Sanford National
Bank, TT Rescript, Savage, J.
l. The defendant was described in the
writ as the Atlantic Shore Railway CO.,
otherwise known as the Atlantic Shore
Line Railway Co. The plaintiff was al
lowed to amend by striking out the
word Company in both places. The
amendment was properly allowed.
3 When a plaintiff fails to prove any
one essential element of his case, ex-
ceptions lie to a refusal to direct YER
dict for the defendant.
3. There was sufficient evidence, prima
facie, at least to warrant jury in
finding that the defendant company was
operating the car on which the plain
tiff received the injury complained of.
Hence a motion to direct verdict for
the defendant for want of such proof
was properly denied.
a. When in a suit against an electric
railway company it is shown that an
electric car was lderailed. and the plain
tiff, passenger, was injured in conse-
ouence Of the deraiment. that is suffi-
cient evidence prima face of the de-
fendant's negligence. The burden of exr
PLANTATION then falls upon the defendant.
Motion and exceptions overruled.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
THORN DIXIE.

Mr.. and Mrs, Carl Coffin of Pitts
field are calling on friends in town
This is Mr.. Collins native town. lie
has dental rooms in Pittsfield
Nicholas Walton and Peter Har-
mon & Son are shipping potatoes.
William Fal~rll motored to Mon
mouth. Sunday, to see old friends.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
NEWBRO'S HERPICIDE=-
A SCIENTIFIC ACHIEVEMENT
And Delightful Scalp Dressing

The discovery and turning in an
alarm of fire makes possible the he
role work of the firemen in putting it
out.
amazing rapidly destroying every
thing within reach.
The discovery of the dandruft germ
was of inestimahle value of mankind,
but only because it paved the way Tor
the greater service. the discovery of
NeWhro's Herpicide.
Dandruff is contagious. and its
spread is checked by the use OF Her.
picide. This delightful scalp dressing
kills the germ, and prevents the hair
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

listed at the time of the original nego-
tiations for a loan or not, and, II it did,
whether the plaintiff disclosed II or not
are alike immaterfal.
g. The evidence does not sustain the
banks claim that the plaintiff has
waived his lien.
Appeal denied Decree below affirmed
with additional costs.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
vAssAL BoRo.

The Sunday school of the NJ. e.
Church of North Vassalboro will OBJ
serve Rally day, next Sunday Sept
%. The services will open at 1870 a.
NJ. with am address to thee fhemnefs
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
Don't scratch
use
CA dunn

Cadum has effected remarkable
cures in many skin affections. A
single application often stops the
itching at once. 1t has brought
nights of peaceful sleep and rest
to those who have endured agonies.
Trial box Ioc. Large box 25e.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
HOW YOU CAN SAVE YOUR
RAILROAD FARE

Buy at your nearest railroad
station a round trip ticket to
Portland. Of a round trip ticket
cannot be purchased, buy two
one way tiekets.)
Present part of your round trip
ticket or one, one way ticket to
the Press office, 81 Exchange
street, together with sales slips
showing purchases made from
Portland merchants whose names
appear in the list published in the
Press, to the amount of the sum
set opposite the name of your
railroad station and you will be 1
paid in cash the cost of your
railroad ticket to Portland
Double the amount set opposite
the name of your railroad sta
ton, in goods bought Of Portland
merchants whose names appear
in the Press list, will entitle you
to a refund of your whole fare
to Portland and return.
The stub of return ticket or
one-way ticket together with the
sales slips will be required in
every case. Mileage books will
not be accepted.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28
Cumberland County.

Other rescripts have been handed down
as follows:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-09-28

WILL REMEMBER MERCHANTS SHOPPING
sEAsoNs-HEaE rs ANOTHER
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1912-01-12
Chinese to Adopt Western Calendar

r. HE adoption of the western cal
! endar was among the many
changes ordered In decree issued by
the cabinet In CHA, according to ad-
vices transmitted to the state depart
ment through the Chinese charge
d'affaires In this city. The message
also confirms the reported retirement
OF the prince regent and his return to
the order OF imperial princes, and the
appointment of Shi-Hsu and Hsu Sh1h
Chang as guardians of the emperor.
The message says that Chow Tszchi
has been appointed assistant minister
OF finance. The department was also
Informed that by decree issued Chi
nese subjects are permitted to cut on
their cues.
When the Chinese government or
dered that the western method OF
reckoning months and years be adopt
ed, the date jumped from the 18th day
OF the tenth month to the third year
OF Hsuantung to the 9th day OF the
eleventh month Of the year 1911 A, u.
1t was long jump. apparently, and
In reality the change to the use or the
Gregorian calendar, used by most OF
the great nations OF the world, was a
significant step in China's advance to-
ward modern civilization.
For centuries 1t has been the Gus
tom in China to reckon the days OF
The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1912-01-12

WASH1NGTON.-Steam shovels are
w eating their way into the birth
place OF Nellie Gusts, granddaughter
OF Mrs. George Washington and ward
and adopted daughter of Washington.
For years the shovels have been Bit
Ing trainloads of yellow clay out OF
the fields OF Abingdon-as this estate
was named by John Parke Custls, son
of Mrs. Washington-and this clay
has been nodded and baked into brick
for the upbu1lding of Washington citys
Year by year the shovels have dug
nearer to the old and battered frame
house where the most popular woman
OF the late revolutionary and the early
republican eras came into the world
and where her childhood was spent
Now the deep clay pits are but few
yards from the house and probably
not many months will pass when the
house will be no more. The clay ex-
hausted and the level of the fields re-
duced about thirty feet, the place may
be converted into railroad yards by
the Washington Southern railroad
the Observation-Disclosures line.
Abingdon was a great estate, but
the house was never a noble bit OF
building, according to an exchange.
When John Parke Custis married Mel
lie Calvert of Maryland he seems to
have caused the erection OF this am