davidaulloa/AmericanStories huggingface dataset:
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-11
Detailed Reply.

Detailed keplS.
Colonel Mann made detailed reply
10 the commemorative attorneys ar
gument. and held that some bank
presidents are intrustcd with the
funds OF the bank, but to commit en-
bezzlement the president must have
actual physical, manual possession OF
tho funds, ard ouch was absolutely
not SO In this case, Colonel Mann
discussed at Length the duties of
president and directors OF q bank. the
duties OF the former being those OF
general supervision unless SPECIAL
powers are given MIN by the directors.
Mr.. Davis never had anything to do
with the handling in sany way OF the
funds Of the .Appomattox Bank.
Embezzlement, misapplication. lar.
ceny and abstraction III the funds OF
bank, what constitutes each. how and
by whom they cun be committed were
discussed at length.
Colonel Mann declared that # any
reasonable doubt existed IN the mind
OF the court as to the status OF this
case and The construction OF the law.
the defendant should be given the benc-
lit OF that doubt, Il jury would be
required to do
Mr.. Davis has committed no crime,
and 1t would be a stigma upon him
should he be tried for an ofiense OF
which he Is innocent. and which 1t was
Impossible for him to commit. hs de-
clared. During tho entire argument,
which closed at 1850 7. NJ, the Jury
had been kept from the court room.
Decision of Judge.
Promptly at the conclusion of the
argument. Judge Mullen rendered his
decision, which sustained the ccntan,
tioa Of thu defense and set Mr.. Davis
free Of all charges OF emhe2zlen?ent as
contained In the big Indictment with
its many ceunts. The court said II had
listened very attent!vely TO the dis
cussion OF the question OF Issue that II
might come to u. proper conclusion It
recognized It's duty 10 The Common.
wealth as we'll as to the defendant, and
recognized also the anxiety and the in
terest felt In the community in the
case. The court referred to the re-
lation of the defendant as president 10
the bank. to the duties of the directors
and officers. 1t held that as president
the defendant was not intruatcd with
| or handled the funds % tht, bank, ard
that the state statute defining embcz.
element docs not cover this case. 'fhh
contention of Tho Com rionwealth was
overrulcd. and that of the defense was
SUSTAINED. and as far as the charges OF
| cmbez2lemert are concerned NIr. DaTis
| is freed. lie was the recipient III
| mary ngva;ula,iuna:
ui.hop Also Released
SO FAR as the cmb ,zzlcmnnt charges
are concerned. tho tourt's decision TO.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-11
ArEuea Against Contention.

Mr. Mann appeared in court this
morning abundantly armed With au
thcr't'es. His argument against the
contention OF the defenue was strong
clear and exhaustive. He covered the
whole subject Of embezzlemcnt and
mis- pplica ton .ot funds. es DEFINED
in United States and State statutes.
the hduciery relations Of officers IN
banks the duties, powers and respon-
sibilitics Of trustees, the meaning OF
interest and of the control and man
agemc I of corporations. lis con-
tended tina: to the president, directors
and cashier of a bank are conaded
the affairs of the bank. and that they
absolutely control them. 1t was not
necessary to be In the actual manual
or exclusive possession of funds 20
commit embezzlement. Mr.. Mann
spoke for one hour and twenty min
utes. covering the whole field OF the
contention.
Colonel James Mann. OF counsel for
defense, replied 10 the Commonwealth's
attorney In the outset he described
Mr.. pavis's position In the bank. lie
was president. but received no salary.
He handled no money. gave TO bond.
did not know the combination OF the
safe. exercised no special control. ana
his duties We're not specially active.
While nc signed certiicstes of de-
posts and other papers. he did not
sign or countcrslgn the cashiers
checks.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-11
Let Me Send You tn his
Book FREE,

Fill IN the couFon 1T me send Won
AZ once my iree booklet IN plain sealed
enve!ope IT Is pfoiusely illustratcd
with hall-tone photos Keep II in your
pocket for easy reference read tho
chapter on VITALITY; read the chapter
on Debility; read the chapter or those
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-11
nl,i,nn Also Rclcnscd.

So FAR as the cmb ,zzlcmcnt charges
are concerned. tho court's decision to-
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-11
MINIATURE ALMhAAC.

cETnarN !! ], VIZ,
HIGH Tide.
Morning. .li:is
EVENING".
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-02-11
DAVIS NOT GUILTY
Of EMbEzzLEMEhT
Former President of Appomattox
Trust Company Formally
Acquitted.
ONE INDICTMENT REMAINS
Contention Of Defense Sustained
by Court-Bishop Also
Relieved.
ONE INDICTMENT REMAINS
Timss-Dispatch Bureau,
Bollingbrook Street.
(PhOpe I4S,A

Petersburg, Va, February 10.
Charles Hall Davis. former prcsi-
dent OF the Appomattox Trust Com
pany. was formally acquitted this af-
ternoon Of all charges of embezale-
mcnt, Of the funds Of the bank for
which he was indicted. and for which
lie has been on trial for three days.
Only three witnesses. Of the many
summoned to testify. were put on tho
stand. Tho acquittal OF Mr.. Davis
caused the Commemorative attorney
TO enter a nolle proscqui In Gil the
ernbezzlcment charges against Carter
II. Bishop. former cashier, Jointly in.
dictcd with Mr.. Davis
The morning session of tho court
to-day was consumed In argument on
law points with the jury absent The
orerruling of the Commemorative
contention threw the Indictment on.
and ended the case.
The Crucial Point.
The question under discussion when
Hastings Court adjourned yesterday
afternoon deemed q crucial one, ard
having Very important bearing on the
case, as IL subsequently proved to be.
was that raised by George :. Bernard,
OF counsel tor the defense, that Charles
Hall Davis. as president OF the APP
pomattoX Trust Company, was not in
trusted with the possessio d the
funds of the bank. and therefore could
rot comm. embezzlcment. Mr.. Davis
charged in the indictment with having
embezaled funds of the bank intrustcd
to him as president and director. In
lis argument yesterday afternoon Mr..
Bernard held That the allegations in
tho indictment had not been sustained
by th" yroof, that Alr. Davis, as
president, was not Entrusted VITA the
possession of the fund OF the bank,
and was not at any time or in any
manner the custodian OF the funds OF
the bank Thts point vas at once APP
prsciated as an important one, anu
court adjourned to THE morning to
give tho attorney ior the Common
wealth opportunity TO produce author
tiles and decisions on tn, question and
to submit argument
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
This Hon1esMGde Cough
Syrup LL,itl Surprise You
stops Even wh0Oping Cough
Quickly. A Family supply
ut Small Cost.

Here is a homemade remedy that
takes hold Of a cough instantly, and wilt
usually cure the most stubborn case in
"a hours. This recipe makes a pint
enough for a whole family. You couldn't
buy as much or rs good ready-mads
cough syrup for $3.50. :
Mix M pint of granulated sugar with
~ pint OF warm water, and stir 2
minutes. Put 21a ounces Of Pinex (ffty
cents WORTH in a pint bottle, and add
the Sugar Syrup. This keeps perfectly
and has q pleasant taste-children like
it. Braces up the appetite and is slightly
laxative, which helps end a cough.
You probably know the medical value
of pine in treating asthma, bronchitis
and other throat troubles, sore lungs,
etc. There is nothing better. Pinex is
the most valuable concentrated compound
of Norway white pine extract, rich in
gnaiacol and all the natural healing pine
elements. Other preparations viii not
work in this formula. !
The prompt results from this inexpen-
sive remedy have made friends for it in
thousands of homes in the United Statesa
and Canada, which explains why the
plan has been initiated often, but never
successfully.
A guaranty Of absolute satisfaction. or
money promptly refunded, goes with this
recipe. Your druggist has Pinex, or will
get it for you. If not, send to The
Pinex Co, IT. Wayne, Ind.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
The NEWEST THING
in CORSET BONING
NEW PRODUCT MADE BY A NEW
JERSEY CONCERN BECOMING
VERY PoPULAR-cHIEF ADvAN-
TAeE is IMPosslBLITY OF
BREAKING 1T.

A new corset boning made OF music
wire is attracting considerable atten-
tion Of late and has been demon
strated as possessing many superior
advantages over the old style stays.
The Barcley Corset Co. Of Newark,
N. j., are the manufacturers Of this
new product which they call "Barco-
bone and which gives indications Of
becoming wonderfully popular. 1t
seems that the chief advantage Of the
product is that 1t Is impossible to
break it on account OF the peculiar
construction IL the excellent quality OF
The wire from which 1t ID made. 1t
has also been highly recommended by
physicians on account OF It's being
ventilative and flexible In any direc-
ton Samples OF this boning and Of
the corsets made by the Barcley Co.
which ar cut 10 Individual measure
ments may be seen by writing Mrs.
M. FL Wright, 100 Fifth street south.
Moorhead. Mimi, who has been APP
pointed TO represent the Barcley Co.
in this vicinity.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
Social Notes

Mrs. j. M. s., Wiser left New York
last evening and expects to arrive in
Fargo Wednesday evening.
Mrs. E. j. Weiser and daughters left
yesterday afternoon for San Diego,
Cal, where they will spend the next
three or -four months.
Mr.. and Mrs. j. s. Watson and
daughter, Miss Constance, left yester-
day for San ~Frazcisco, where they sail
Feb. 20 for Honolulu. They will be
gone several months.
The Luther league will give a social
In the parlors of st. Marks English
Lutheran church, Wednesday evening
at 8 o'clock. A good programme will
be rendered, and a cordial invitation is
extended to all the young people OF
the church and friends to join in the
pleasures Of the evening.
The Hawthorne Neighborhood club
will give a st. Valentines party on
Wednesday afternoon at the Haw-
ihorne school at 4:30 o'clock. There
will be some interesting contests and
games and a delightful afternoon is
promised by those in charge. All the
ladies OF the neighborhood club are
cordially invited to be present.
Mrs. G. A. Porter of Third avenue
north was a charming hostess yester-
day afternoon to the ladies of the
~Neighborhocd 500 club. AS the result
Of an interesting game played from
three tables, the hostess won first prize
and the second was awarded Mrs.
Smith. At the close of the afternoon
delicious luncheon was served.
en- Thursday afternoon of last week
the newly elected officers of the or
sanitation Of past presidents Of the
W. R c. were installed, Mrs. Hoag. as
president; Mrs. Newton, as vice presi-
ient, and Mrs. Dawson, as secretary
md treasurer. After the installation
The new officials entertained the other
past presidents and a number of the
Q. A. r at a sumptuous luncheon,
Cover were laid for twenty-four and
the menu was an elaborate one. The
tables were very prettily arranged
with national colors and after luncheon
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
Believes This VIII @Cure
Lung Troubles

Consumption is a dattering disease-that
is one of its chief dangers. Those who
have 1t are rarely willing to acknowledge
the fact.
II this trouble is present, 1t is no time
for trt6ing. Don't waste time in argu-
ment. II a so-called Cold has long per-
sisted; II a cough Is present that keeps
you anxious or any of the symptoms are
present such as fever or night sweats,
weakness n loss Of appetite, and per-
sible thing: a k Eckman's Alternative, as
Mr.. Bettersworth did.
Bowling Green, KY, r. No. 4.
Gentlemen: i wish to say for your
Alternative that 1 believe 1t to be \ med
lclne of ~unequaled value for all Bronchial
and Lung trouble.
The Spring OF 1908, I had a severe
pedicine that my friends and doctors
recommended to me, but no results came
Tor the better. / had night sweats, and
would cough and spit up every night
nnul 1 got so weak l could hardly do any
thing. But at last, James Deering, OF
Glasgow Junction, insisted that / try your
medicine. which / ordered at once and
began taking the same. In one weeks
time there was quite an improvement in
my condition. and after I had taken sew
eraI bottles l felt as well as ever in my
life. / never wrote any Arm or company
a letter recommending their medicine be-
fore, as there are so many fakes that a
medicine of genuine quality don't get
credit or even tried.
II desire the world TO know that /
ative viii cure any case Of lung trouble If
taken before the last stage. I will gladly
write personally to any party wanting In
formation In regard to your wonderful
medicine (Signed Afidavit)
A. G. BETTERSWORTH.
Eckman's Alternative is effective In Bron-
ehitis, Asthma, HAY Fever; Throat and
Lung Troubles. and in upbuilding the
system. Does not contain poIsons, opiates
or habit-forming drugs. For sale by
Meredith Drug Co. and other leading drug
gists. Ask for booklet of cured cases and
write to Eckman Laboratory, Philadelphia,
Pa, for additional evidence.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
For Chilblains, Frost Bites
And ALI Sore Feet

Many persons dread the approach Of
winter on account OF chilblains and
fr~ost-bites which causes a soreness
and itching at times almost unbear-
able, frequently bringing on a nerv-
Gus condition. To those afflicted the
following treatment will be welcome
information as it gives immediate re-
lief and soon cures. Dissolve two
tablespoonful of Calocide compound
in a basin Of water (not hot). Soak
the feet in this for fifteen minutes.
Repeat this for several nights until
the trouble disappears
The action Of Calocide compound for
all foot ailments is really remarkable.
BY It's use corns and callouses can
be peeled right off. Sweaty, smelly
feet and tender, aching feet need but
a few applications. Bunions get re-
lief instantly. ANY druggist has 1t in
stock or will get it from his whole
sale house. Al twenty-five cent pack
age is usually sufficient to put the
worst feet in fine condition.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13

uses soap shampooa cannot expect to have
beautiful hair. 1t may clean the hair, but
docs not remove the pore-dirt from the
hair roots. Your hair becomes stringy and
u~nmanageable la q few days and you won.
der why, Let soap shampoos alone and use
a teaspoonful OF canthrox dissolved IN q
cup of hot water for your shampoo. III yon
want your hair to dry evenly md quickly
without streaking, Canthrox makes the
hair very fluffy and bright, and gives 20 the
scalp a feeling OF pleasing freshness. You
viii not catch cold il you shampoo with
canthrox and will find It makes your hair
look 50 very nice.
j.. NJ. s.; Cutting the hairs only makes
them come in heavier. Get an original
package of delatone and with o little of
the powder mix enough water 10 foritE sn
paste. Put this on the hairy surface s1ud
after two or three minutes rub OF, wgsh
the skin and every trace of hair VIII latf
vanished. Druggists charge q dollar san
ounce for delatone, but it never fails tQsdp
Mrs. V. c.: The woman who uses fare
powder not only is behind the times. but
does herself a personal injury. Fhcr
powder is ouly a mockery to beauty. as
1t clogs the skin pores, causing wrinkles
and other complexion Ills. To have. u
perfect complexion, use a good lotion
such as the following: Dissolve 4 ounces
of spurmax in h-pint witch hazel tor
hot water, adding 2 t~easpooufnls glS'
cerine. This lotion gives the skin a de-
cidedly refined look OF veivety smooth
ness. 1t removes the shine, immediately
cOrrects sallow, freckIed compilations and
does not come of In the wind like powder
does or rub of easily when a veil Is worn.
This lotion Is a splendid beautiier and skin
whitener. -
s. D.. Yes. no factor Is more important
In a beautiful face than bright, clear,
youthful eyes. You should use n good eye
tonic. Get an n of crystos, Dissolve
Ii in a pint OF water and use two or three
drops In each eye daily. II Will clear and
strengthen your eyes, remove all signs Of
weakness and Inflammation and make them
bright and sparkling. For weak, dull, ex-
pressionless eyes I think this tonic simply
wonderful. 1t is very soothing. and Is me
for those who wear glasses.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
CLUB NOTES

Rural schools are receiving a great
deal of attention from club women of
Wisconsin. The state federation has
a special committee to look after this
branch of work and the aims of this
committee are state to be as follows:
To secure the enactment of a stronger
compulsory attendance law; to make
it possible to enforce the law; to en-
courage children to get an education;
to aid the wisconsin State Teachers
association in its efforts to improve
rural schools. The chairman of the
committee says: 1.-THE rural school
problem is Of great moment. One-half
of the children Of the state are reg
istered in the country schools. That
means one-half of our boys and girls
are being deprived Of a great deal. The
system of supervision is such that far
from the best results are obtained. The
Wisconsin State Teachers association,
realizing the future of our nation de-
ponds largely upon the efficiency Of
work done in schools outside the city,
is making an active campaign for the
betterment OF such schools. Children
living in the country are entitled to
the consideration given to children in
the city,
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13

Further arrangements will be an
nounced later.
Miss Olga Sherman expects to leave
tomorrow for Milwaukee to spend
some time with friends.
Warwick Fraser returned home this
morning from Aberdeen, S. D., where
he has spent the past few weeks with
his uncle.
Howard Montgomery left yesterday
afternoon for Chicago where he will
Join his mother and they expect to
leave that city Feb. 20 for San Fran
cisco. where they will sail in company
with friends for Honolulu and other
eastern ports.
An event Of this evening will be
the euchre party to be given by the
Yeomen in Prizes hall. All members
Of the order and their friends are in
vited to attend and enjoy a pleasant
evening. Prizes will be given and
a luncheon served.
The Fargo woman's club has a
meeting scheduled for Friday after
noon to meet with Mrs. Hallenberg.
They will study the Proposed Solu-
tions to Causes of Poverty. Mrs. Dud-
ley will have a paper on The New
Spirit in Philanthropy and Mrs. Pear
son on Private VS.. Public Philan-
thropy.
The Moorhead woman's club will
continue their study Of Southern Writ
ers on Friday afternoon when they
meet with Mrs. Torson. Miss Leonard
will give some readings, Old Creole
Days by George w. Gable and Uncle
Remus and His Songs and Sayings by
Joel Chandler Harris. Mrs. Nye will
please with a reading Meh Lady by
Thomas Nelson Page.
The Round Table club will meet
Friday afternoon with Mrs. H. H.
Wheelock. Mrs. Holt will present The
German Novel and Mrs. Keene, Mrs.
Hamilton and Mrs. Randlett viii give
papers on various German painters.
Mrs. Randlett is out of the city, and
has sent her paper to be read. Mrs.
Wheelock will give a paper on List
and will illustrate some OF his music.
"A party Of friends very delightfully."-
surprised Mrs. Ben Wasem at her
apartments in the Pioneer Life block
last evening. the occasion being her
birthday anniversary. The evening
was spent in playing cards and with
music and chat. A dainty luncheon
was served. The company of twenty
guests presented Mrs. Wasem with an
unique Elk's pin. especially designed
for ladies.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13

minutes at its recent meeting. Some
of the states must raise as much as
$40, 900. In order to complete the fund
there has been set aside one week, be-
ginning Feb. %, to be known as the
endowment fund week, in every state
that is behind in raising it's share of
the fund. Mrs. Pennybacker repre-
sents 100000 women. who belong TO
the General Federation of Women's,
clubs. That will insure a good annual
revenue from it. The interest from
the 500, 900 invested will be used for
various purposes. having in view the
upholding Of the dignity of the ma
tional organization Mrs. Penny
hacker, besides the prominent posi-
tion she occupies in women's club cir
cles of the country. is a noted histo-
rian, being the author OF Pennyback-
er's History of Texas. She is greatly
interested in the women's club move
ment and devotes much Of her time to
that work.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
AT h Hotels


I /. e. Randall Of Luddon is in the
city.
william H. Lasky Of Buffalo is in the
city.
A. +. Noble Of Binford was in the city
today.
John Kretschman is in the city from
Oriska.
E. W. Arnold is in the city from
Leonard.
P, E. Nelson Of Aneta spent the day
in the city.
J.. z. Tostenson of Grand Forks is
in the city.
John Ellison of Parkln spent the day
in the city.
T. 6. Thompson of wasburn was in
the city today.
E. H. Wright of Grand Forks was in
the city today.
Louis A. Larson of Minot spent the
day in the city.
Jacob Kruger of Fredonia is register
ed at the Elliott Hotel.
N. Classen of Glen Ullin was in the
city today on business.
H. E. Erding of Hillsboro is a guest
at the Metropole hotel.
b. E. LOTUS of Adams spent the day
in the business district.
]. S. Bryan Of Brofeld spent the day
in the business district.
K. M. Vboreka of Lisbon was a Far
go business caller today.
Theodore o. Feand of Sims was a
Fargo business caller today.
w. S. Whitteker Of jamestown was
in the city today on business.
j. P. Sell of Bismarck mingled in
Fargo business circles today.
L. N. Ingebretson Of Rolette was a
Fargo business caller today.
L. j. Larson Of Kramer was a busi-
ness visitor in the city today.
Ed schulster of Grafton was a bust
ness visitor in the city today.
Z. w. Blackwebb of Cooperstown is
a guest at the Waldorf hotel.
d. L. Anderson of Brunstad mingled
in Fargo business circles today.
Dayton Edison of Sentinel Butte was
in the city today on business.
William Franbook of Sheldon spent
the day in h business district.
Rbert Lindeman of Enderlin mingled
in Fargo business circles today.
Hugh Sunberg of East Grand Forks
is stopping at the Prescott hotel.
c. p. o'Rourke OF Mandan was a
business visitor in the city today.
]. F. Jaberg Of Sanborn is in the city
attending the commissioners conven-
ton.
T. r. Atkinson, state engineer Of
North Dakota, is a guest at the Card
ner hotel.
The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-02-13
STATE EVENTS

A beautiful garden setting formed
the background for the third cotillion
in the Limited club series at James
town. Roses were twined from the
ceiling, and the orchestra was con-
cealed by a bower of roses. Frappe
was served during the evening from
an arbor of roses. A number of new
n beautiful figures were danced I'M
der the dictatorship Of Russell Chase
of jamestown, who led the other
cotillions In this series. Among the
out-of-town guests were Mrs. John
Burke. wife of Governor Burke, and
Mrs. Fred Conklin of Bismarck. The
party was in charge of Mrs. E. H.
Matttingly and Mrs. Edward Matti-
son.