davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
X X i X 4 X X X x x X X 4 X
y Supreme Court Decisions
4 i: :: X X X * * i: X X X X X

Peter H. satham.. plaintiff and re-
defendants and appellants.
1. Plaintiff. sued the defendants for
damages alleged to have been inflicted
upon him by them through an assault
and battery. At the trial plaintiff in
troduced in evidence the record Of a
Justice of. the peace showing that two
of the defendants had pleaded guilty
to the same assault and battery in a
criminal action. Defendants objected
because it did not show that the de-
PENDANTS had been fully informed of
their rights by the justice. and because
the complaint in said Justice court
wal not specific enough to constitute
the plea thereto, an admission of as
sault and battery. Held, that the plea
was an admission against interest, and
an admission that they had assaulted
and battered plaintiff. and, as such.
was admissible in evidence to go to
the jury for what it was worth.
2: After the reception Of the plea Of
guilty above mentioned, the defend
ants offered to prove that they had
been advised by friends to plead gull
ty in the criminal case as 1t would be
cheaper to do SO than to allow their
'iSohiAS oollS w SkdAAu AOA0 anu ~
hire attorneys. Held, that while the
plea of guilty was not conclusive and
could be explained by competent evil
dence, yet statements made to the de-
PENDANTS by other parties, unless re-
lied upon, are inadmissible in evil
dence.
3. Evidence Of former alterations
with one of the defendants held ad-
Missile showing the question OF
malice.
4. Evidence that one Of the de-
PENDANTS was in the habit Of carrying
o pocket knife. and that he had made
threats to use it, admissible under the
facts in this case as plaintiff had dur.
ing the course of the alteration arm.
ed himself with an iron bolt, and
claimed to have done so in self de.
tense.
s. The elder defendant, who wal
the father of the two other defend.
ants. did not actually touch the plain.
tiff. but he stood by and encouraged
the sons to do so. using such express.
sions as, soak him.. xiii him." and
telling the son about theaplaintiff hav.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
FAILED TO AGREE.

Columbus, Ohio. March 29.-After
being out more than forty-eight hours
the jury in the case Of State Senator
Charles Huffman reported late today
that there was no possibility of agree
ing upon q verdict. Judge Dillon dis
charged h jury and declared a mis-
trial.
The Ease Of Senator Huffman was
the third of the legislative bribery
trials. OF these already tried Rodney
J. Dingfe. former sergeant at arms of
the senate is serving a term Of three
years in the ~penitentiary. Senator A.
r. Andrews Of Ironton is under con.
viction. his case pending on a motion
for q new trial..
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
CANNOT BAR FAMILY.
Omcasls Say They. Got Permit From
CAnsdtsn Autboritaes.

Milwaukee,. Wis, March 2s.-Ac.
cording to local associated, charities
oficiais. tho Canadian immigration
commissioner cannot bar the family
q Charles samuels from Canada on
re ne roSnd that they are paupsrs, for
Of Alberta, and. while ifs Family WI
aided In Milwaukee. had become the
legal owner Of 100 acres Of cultivated
Moreover. tho family mas a certin-
cate from, the Edmonton aurhorities
who were previously informed abott
the case permittips them to cross ths
= The local authorities proeur-
ea ~ permit before starting the
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
HAS PRELIMINARY PROGRAM.

Fargo, n. D., March 29.-The Fargo
postmaster this morning received a
tentative draft of the program for the
Tri-State Postmasters' convention
which will be held here June 20 and
Fl. 1t will be announced later.
A special train will probably be run
from st. Paul. leaving there at moor
June 10 and arriving in Fargo the
same evening. This will enable the
Minnesota ~postmasters to reach the
city in time to attend the convention.
June 10 is the day set for the state
postmasters' convention which will all
SO be held here.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
WILLIAM TRIP DEAD.

Langdon, N. D.. March GA telc-
gram was received here announcing
the death of VIM. Allan Trip at
Lashburn, Sask. Deceased was for
merly a resident of Hannah, owning
and operating a livery barn. From
here he moved to a farm northeast of
Langdon. Some two years ago he sold
out there and moved back 10 Hannah.
About a year ago he began to make
his home in western Canada. He
leaves a wife and two small children
to mourn his departure.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
MINOT MAN HURT
Received Cut Between Eye
in an Accident.

III IL .NVVItIVTIV.
Seattle, Wash. March 29.-Jumping
from a moving train in the o. w. r.
d N. yards when he discovered he had
boarded the wrong train, NJ. T.. Sew
france. Il civil engineer. 90 years old,
enroute from his home in Minot, n. D..
to matilda, ore, sustained several bad
bruises which neccssitated his removal
to the emergency hospital. Steward p.
G. Milburn dressed his injuries. which
consisted of a deep cut between the
eyes. a bruiSe on the nose N n lac
Grafton on the back of his left hand.
Severance threw his transit before
he jumped and fell heavily on his face
when he struck the ground. His in
luricS are not serious.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
HAD FINGERS AMPuTATED.

Langdon. n. d., March 29.-William
Herricks. who had the fingers and
thumb of one hand badly frozen in a
drive from Mowbray. N. D.. to his
Farm northwest of Langdon about ten
days underwent an operation in
the hospital here yesterday in which
the first two joints of the third and
dourth fingers n the thumb were
amputated. While driving home the
high wind blew off his cap and it was
while trying to protect his head and
face with the fur robe in the sleigh
that his fingers became badly frozen.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
PREPARING FOR MERCHANTS

Dickinson. N. D.. March 29.-At a
meeting of the Stark County NIer-
chants association a committee on
sisting of II. F. Schroeder, +. l.. Roqu-
cite. Victor CheTgren. ]. p. Cain and
j. w. Reed was appointed to arrange
for the entertainment and care of Wis
itors to the meeting of the state mer-
chants association to be held in this
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
DIED WHILE WORKING


Lankin. y. D.. March 29.-Gilbert
Lien. IL pioneer md well-to-do farmer
residing five miles west oil T'ordville, in
Mcdford township, died of heart fail
arc. His body WAS found cold in death
at the barn yard. only a short time
after he had gone from the house to
do the morning chores. apparently in
good health. Besides n wife. three
children. two sons and a daughter
u The funeral services were
held from the Dahlen church.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29

was going north. Two Of these ques-
lions were answered by the court, but
such ansWer were predicated upon
the possibility of the jury finding that
the plaintiff was driving north, when
IN fact they. found that the plaintiff
was driving south. Held, that it was
no~n-prejudiciaI to plaintiff.
4. Following Acton v. Street Rail-
way company, 1873 N. w. .225. 1t is
held. that as a general rule the ques-
ton is whether the motorman did see,
or could have seen the plaintiff in a
place Of danger in time to have avoid
ed the accident; by the use of ordin-
airy or reasonable care, OF q question
to that effect, but that the state of
this case was tried made it unneces-
sary to determine whether the motor
man could have seen the plaintiff in
time.
5. The answers to the i~nterroga-
tories contained in a special verdict
must be consistent with each other
or it will be set aside.
6. The code requires a special YER
dict to present conclusions of fact rs
established by the evidence. and not
| the evidence to prove them. Courts
should 80 frame the interrogatories Of
q special verdict as to comply with
this provision.
2. When q special verdict Is re-
quired, courts should not charge the
Jury on the general law of the case
further than Is necessary to assist in
answering each interrogatory pro-
pounded.
(Syllabus by the court.)
Appeal from IN order and judgment
Of the district court, Cass county, Pol
lock, ].
Reversed and new trial granted.
Opinion by Spalding, C. J..
Leonard Stockwell, appellant. We.
James Haigh, respondent.
l. 1. On the return of an order re-
curing plaintiff to show cause why a
change of venue should not be ordered
from Billings county on the ground
that an impartial trial could not be
had therein, an objection was inter-
posed to the Jurisdiction to hear such
application for the alleged reason that
prior to the issuance of such order to
show cause an affidavit Of prejudice
had been filed against the judge who
issued the same.
Held, that such objection was pro-
perly overruled for the reasons, first,
that there was no proof that such al
legged affidavit of prejudice was filed;
and, second, plaintiff made a general
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
W.C.Brown

William G. Brown, president Of the
New York Central Railroad, has com.
pletely recovered from the shock of a
minor operation performed upon his
nose for the benefit of his hearing.
Nj. Brown Is convalescing rapidly at
his home, and within a few days he
expects again to resume his duties.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
HOLD UP CASH
Payment Of Road Contract i'm Sheridan
Is Contested.

Is Contested.
McCiusky, n. D.. March GA re-
straininS order was issued by Judge
Nuchols citing the county treasurer to
show cause why he should not be en-
Joined from paying a certain warrant
for $4,000 in favor of G.. A.. Hill of
Denhoff. in payment of road grading
contract. Thus a new chapter has
been opened in this interesting road
affair. The case will come up for
hearing in chambers before Judge
Winchester at Bismarck on Saturday.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29
Has the Griupe.'

Has the Grippe.
eo .; :; ~ TAKE q the Ford Motor Car
q conftned to his home 81 = ssvsre
stack Of the gJipps..
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-29

PILES CURED IN 8 TO IA DAYS
your druggist will refund money II
PAZO OINTMENT falls to cure any
case Of Itching. Blind. Bleeding or
Protruding Piles in 6 to IA days. Soc.
The Washington herald., 1912-05-05
JACK or GREENVVAY COURT essa@ .. ! 5.5.a.s

Let US Be quick and busy, and lei rs
waste no long and idle moments IN
marches, counfer-rnarches, and foad-
building. as did the ill-fated Brad
dock r
You speak ike man Of action.
Fairfax. and ! shall now devote myself
to the task of equipping. raising, and
transporting the army for the Indian
campaign. answered Lord Dunmofe.
Perhaps, too, can stir up these back
biting colonists to aid an the cpmnsou
good and so get their minds of the set
idea to battle for what they consider
their rights with Enoland. At any rate,
here's my hand upon the matter. and
before the month IS up meet me at Fort
Cumberland with your men. Then we
will have a campaign together. and if
these yelping savages do not cease their
depredations after once get hold of
them, then | am no more At to repre-
sent the King than was Montcaln to
fight for Franco
And as Dunmore and the sixth Lord
Fairfax shook each other warmly by
the hand. Tommy whispered eagerly
to Jack, "Hurrah. another Indian fight.
and know that we can go with them.
Hurrahi HurrahP
The Washington herald., 1912-05-05
synop.i. Of Pree.a,nr ca.pser..


~ The story opens At a utue inn upon
ne coast OF Devonshire, n England.
- s q Wlld night and the landlord Il
suoaenly startled by the appearance Of
T.csnti2s sSaSiRssr s..i1 n eIaela cloak He has
Nnlch has gone down, and soon drops
esisep IA q corner. when the lights are
sst sssxtinguished. two sailors creep through
carry him on on board their iugger.
moofeq, In httls cove near the shore.
they 1emand certain paper from him.
The scene now shifts 70 Greenway
ssES SoeES In Virginia. the home OF Thomas,
sLstll sixtn LORD Fairfax. where he has just
LouShbOro a5d sl T0S SSs sS boys s sAse So
nslning with their tutor, Adam Poe, n
spite OF the warning OF Old Flintlock. a
tt59PPsr; t5g5c; to the eject thas ths Wspgi. '
are soon attacked by the savages and
start 70 run for IT, Thay are pursued.
escape, and soon find that winchester e
Lord Fsirfsx and Ola Filntiock they
march 70 the relief Of the town. succeed
IN driving on the marauders. and are
men arrss to eoTRi Tssrs s Ssyoha neh the % ohio
River. Col. George Washington joins
the settlers and frontiersmen at this
Snef1rs sLs, sna after hearing 15o1 ,as CnlsI
ure near the Natural Bridge, decides 10
take the two boys and make journey
N quest OF n. Logan agrees 20 Buiue
the little party to the desired spot
They proceed through the forest and
md q small amount Of the treasure, put
the redskin deserts, just before the dis
coyery. A piece Of parchment IN TIN
box In the same barrel with the dub
looms appears 10 be the directions OF the
chief mate OF the ship Sparhawke. There
Is advice 70 dig on the lefte BY Sor-
roWeS Pine, twenty fete from Green
Sage growthe, with Breast Bone Knob
on North North Weste, one hundred pace,
a broke spades creste." While endeay-
oring to puzzle out the meaning OF these
strange words, the howling OF a wolf
sounds in the valley. This Is answered,
and Il Is soon evident that the little
party Is surrounded by the Bavages.
They hurry on, and camp in a lonely
valley for the night Jack is Pasted as
sentinel and Is watching the horses,
when two dark forms creep toward him.
and he is suddenly feIled and captured
He is taken 70 the Shawnee camp.
where the saFages intend 70 burn him
70 the stake. But he Is rescued by the
good Chief Logan. and Is carried to-
ward the Ohio River. in order to hunt
the buffalo. While engaged in this ex-
citing sport he Is again captured BY
the redskins, is rescued by Old Flint
lock, the trapper, and is chased by the
wild riders of the plains TO cave In
the mountains. While besieged by sew
eral young Shawnee warriors, the two
fugitives are rescued by Col. Washing
ton. Lord Halifax, Tommy wallace.
Adam Poe. and a number OF back
woodsmen.
The Washington herald., 1912-05-05
CHAPTER x.
winIamsburE and Lord Dunmore.


vITE have seen that the series
wv Of conflicts began in 1874
between the French and
English, for the possession of Amer
ics, and which lasted for twenty
years, ended IN favor of the Brit
ish, who now claimed possession of
all of the American continent, except
Mexico and the Spanish possessions at
the mouth Of the Mississippi River.
Although France seemed to have the
advantage, at the beginning of this
struggle, in that their men were better
used to frontier warfare, they lsbored
under the disadvantage that almost all
their men and supplies had to be
brought from France, and they had no
great farms in America, or no hourish-
ing colonies They had soldiers and
generals enough, but these had to be
supported The English, on the other
hand, while sending over troops from
England, depended mainly upon the
strong colonies in America, which had,
for hundred years, been growing rich,
independent and self-supporting.
England's policy in this war was to
furnish arms and ammunition, while
the colonies were TO enlist the men,
clothe them, and pay them. England
provided the generals and division
leaders, but the colonial troops chose
their own colonies and subordinate Of
foers. George Washington was then
elected to the position which he had
held during the struggle, and thus was
his title of colonel" justly earned.
A brilliant series of English sue
cesses at Fort Duquesne-where Brad
dock had been badly whipped by the
French and Indians in I7s5-at Fort
Frontenac, on Lake Ontario, at Fort
Niagara, on the same lake; and at Til
conderoga and Crown Point, on Lake
George, was due partly to the energy
of the British secretary of state, Will
lam Pitt, who pushed the war with
great force; and also, the steady de-
crease of the French resources at home,
under a corrupt and feeble government,
The French armies were crowded back
into Canada, and took refuge at Que
bec-the stronghold of their posses
sions. From Louisburg, IN Nova
Scotia, as rendezvous, a feet bearing
5000 Engiishmen moved up the St
Lawrenee River and dropped anchor
The Washington herald., 1912-05-05

ital of the province and shall have
warm greeting from the representative
Of the King"
It did not take long to pack the few
effects needed for the journey and
evening found the party well upon its
way toward the Potomac Here they
took canoes, safely hidden in a par
ticular spot, in order to keep them from
the prying eyes of the savages, and
were soon padding out upon the rap
idly moving waters of the great river.
Besides the messenger, there was
Tommy Wallace, Adam Poe, and q
baclrwoodsmzn who knew the stream
and its various currents like book,
50 they had little fear of being sucked
into one of its many dangerous cur
rents which led over jagged bowlders
of damaging caliber to the bottom Of
canoe.
In two weeks time they were at the
rambling little town Of WILLIAMSBURG.
where, at a newly built brick mansion
OF imposing exterior they found the
Governor, IN red coat of gold lace
and all the paint and powder which 60
with one Of his position Jack looked
upon him IN amazement. for he had
never seen such a>euriously attired peT-
The Washington herald., 1912-05-05
CHAPTER <
The return.

S6T wish to speak with you. my
boy" said Lond Dunnore's
aid, as Jack rose form the long
breakfast table next day. For I knew
your parents well l was. in fact. born
upon the place adjoining your anees-
tral home in England, and am con-
neeted with your own people by mar
rage"
The English captain was a good
looking soldier of some thirty years,
with rosy, elean-shayen face, powder
ed hair, and dressed in the full Tegi-
mentals of the service, which included
a red coat. brass buttons. and much
gold lace. Jack had never seen such a
handsome and beautifully attired man
in all his lifetime and he felt tremen-
dous awe of him In fact, he had
scarcely dared say word while At the
capital of Virginia, for he was unac-
eustomed to such well-attired gentle
folk; to ladies' in silken dresses, and to
servants dressed IN livery. Even the
boys of his own age looked askance at
his buckskin clothes, and, when they
saw him coming down the street, would
whisper, Here is the wild man of the
woods. Look out for him, or else he'll
tomahawk you"
Jack followed the Kings officer into
the hallway, and asked, What is il that
you wish TO tell me, for Lord Fairfax
is even now making preparations fer
the return trip and ! must get my be-
longings together before starting for
the river
Capt. Dick Dabney laughed good
naturedly and a twinkle came to his
eye as he motioned TO the young back
woodsman to accompany him to a seat
in the garden. When he had sprawled
good-naturedly upon the rustic bench,
he took pinch of snuff before remark
ing:
Faith, but you're conscientious
fellow and would look well in the
Kings service, to which ! have the
good fortune to belong. BY Hector,
but I've taken fancy TO YOU, Jack,
for you're like your dear father-a rat
Ting good blade he was, too-and yet
you seem to have more life and spirit
than he possessed. But, leaving that
aside, do you know, lad, that there are
few people of your race alive, and that
if you take notion to journey across
the water, l am sure"-here he looked
at Jack with a serious expression-"tha
you will find an agreeable surprise in
store for you"
Jack could not imagine what the
young officer was driving at, and he
felt decidedly uncomfortable. so he
asked:
What is this something which would
give me so much pleasure If / went
across the water upon a journey? /
cannot imagine anything which could
be in store for me that could take me
from Lord Fairfax and my home in
the mountains"
That I will tell you by and by" re-
piled Capt Dsbney, perhaps when we
are in the mountains together, for /
The Washington herald., 1912-05-05
WARNING TO PARENTS.

II Is risky to feed raw milk ana
cream to children or invalids un-
less you are sure that at the farm
vhish produces the milk the utmost
cleanliness is observed at an times.
particularly during milking; that
the employees are thoroughly heal
thy and eleanly persons. that the
cows are free from diseases, that
the water used for rinsing Is Of un-
doubted purity, and that the milk
Is quickly cooled and kept cold and
covered until delivered to you
raw milk often produces Tubsr-
eulosis, Scarlet Fever, also Ty-
phoId and other intestinal dis
eases.
We can guard against infection
BY properly pasteurizing milk or
BY home pastsurization.
Properly psstsurizing milk Cand
eream) BY keeping It at 10 des.
F. for twenty to thirty minutes
doss not anect its nutritlvs value
nor Its digestibnity. Quick or CON-
murciAl pastsurt=EtiOn. however. IL
unreliable.
You can home pastsurise raw
milk BY heating It to near boiling
then cool and keep cola and cor
cred until used
Most indigestion IN babies q
caused BY milk too rich IN eream
sselsiy for Pnsuiisn d Sickness.
LHnmn.ss-.,n
The Washington herald., 1912-05-05
one Look MIA It.

Frun Judge
How did the aviator come to fan to
the earth2"
He was nying over Boston and hap
pened 70 look down on the crooked
streets. and became dizzy for the first
time IN his experisnce as a slSy navi-
The Washington herald., 1912-05-05
Bakery % Bessaryf

,IAst LzssEd & S s sss - u sISsiS sss Ss.aa = ins
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-10-18
daughter, said that Lucile's father
was at one time British army Off
Ger and that his mother was an Italian
noblewoman.
GREEN BAY CASE
rs BEING ARGUED
Haseria Claims Right to Charge a
Million Dollars an Acre for
His Flooded Land.

Whether a fair value as appraised
by jury of his neighbers should be
what Albert Hagerla be paid for any
of his land flooded, or whether he can
collect million dollars an acre for
Ii If he chooses, or stop the building of
the Keokuk dam, was brought sharply
into issue in the federal court here to-
day. The Water Power company
claims only fair valuation should
be paid. Judge Hughes, attorney for
Hagerla pointedly affirmed the million
dollar an acre proposition in his argu-
ment to Judge Mcpherson.
The Water Power company won the
preliminary heat by forcing Judge
Hughes to elect to abide by the decis-
ion of this Iowa federal court-he
has another Identical case in the Unit
ed States court at Springfield, Illinois
The arguments lasted all day be
fore being completed. Judge Nc
Pherson will render a decision later
Hagerla was awarded s7,s16 damages
by sheriff's jury of prominent Lee
county farmers in October, 1911, but
refused to abide by that action, al
though the company paid the money
+ into court for him.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1912-10-18
SAVES ELDERLY PEOPLE FROM
KIDNEY AND BLADDER M|SER|Es
Sleep Disturbing Bladder Weaknesses Backache Stiff JOINTS
Rheumatic Pains Disappear After Few Doses Are Taken

While people along in years are
naturally more subject to weak kid.
neys, they can avoid the tcrtures or
backache, and rheumatism, and be
saved the annoyance of getting up at
night with disagreeable bladder dis.
orders, for the new discovery, Crox
one, quickly cures the most severe
and obstinate cases.
Croxone quickly and permanently
cures these conditions because 1t re-
moves the cause. 1t is the most won
derful remedy ever devised for rid
ding the system of uric acid. 1t is
entirely different from all other rem
edies. 1t is not like anything else
ever used for the purpose. Pills, tab
let's, and other medicines merely slim.
ulate the kidneys, occasionally giving
temporary relief. Croxone makes the
kidneys filter the blood and sift out
all the poisonous acids and waste mat
ter that cause these troubles.
It soaks right in and cleans out the
stopped-up, inactive kidneys like wa
ter does a sponge, dissolves, and