davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02
Mutt '. Isensee, MuItnOmaA County.

Mutt V. Isensee, MultnOmah County.
Decided December 26, 1911.
N G. Mutt, respondent, v. VIM.
Isensee, appellant Appeal from
Multnomah county. Hon. W. N. Ga
tens, Judge. Argued and submitted
December 10, 1911. V. X. Strobe and
F. E. McGinnis, for respondent. (Also
Mark O'Nelll, on brief). A. T. Lewis
and (E. s. j. McAllister, on brief) for
appellant. Mcbride, j. Affirmed,
This is an action for damages for
personal injuries. The complaint al
feges, in substance, that in June,
1909, plaintiff was employed by de-
fendant &C common laborer in de-
fendant's blacksmith shop that while
so employed he was directed by de-
fendant to operate a machine, called
a Shears and Punch" which was
antiquated, defective, and worn out;
that its parts were loose and inse-
cure; its keys, bolts and rivets so in
securely fastened as to be dangerous
and unsafe while in operation; and
particularly that an iron key was
left by defendant without being Sc
curly fastened to the main machin-
cry; that these defects were known
to defendant but were unknown 10
plaintiff; that at the date mentioned,
while plaintiff, under defendants di-
rection, was attempting to operate
the machine, the key loosened from
it's position and was projected from
it's place with great force, striking
plaintiff in the face and eyes, and Sc
verely injuring him.
The answer is a general denial
coupled with plea of assumption Of
risk and contributory negligence.
DEFENDANTS counsel requested the
following Instructions, which the
court refused
20. The court further instructs
you that the injury to PLAINTIFF
chest, testified to by DR.. Rockey, can
not be considered in this case as an
element of damages, but said testi.
mony may be considered an element
in determining the credibility of the
plaintiffs testimony"
49, The court instructs you that i
you believe from the evidence thai
the plaintiff had knowledge of the de-
fective condition of the shears ant
punch while he was using it, and i
you further believe that he was {
man of ordinary or average intelli
gence, he cannot recover although
you find that the defendant knew o
the defective condition of the ma
chine"
"5. The court instructs you that i
you believe from the evidence that il
operating the punch when pressue II
applied the key or plat could not
from the nature of the machine, fl!
out, then, in that case, you must fine
for the defendant"
sc. The court instructs you tina
machinery often gets out of order
that it is not negligence on the par
of defendant to work the shears ant
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02
FOley's Honey and Tar Compound
"Cures In Every Case"

Mr.. Jas. McCaffery, manager of the
Schlitz hotel, Omaha, Neb., recon-
mends Foley's Honey and Tar Com
pound, because it cures in every case.
"I have used 1t myself and l have
recommended it to many others who
have since told me of its great cura-
tive power in diseases of the throat
and lungs" Foley's Honey and Tar
Compound is reliable family medi-
cine. Give it to your children, and
take 1t yourself when you feel cold
coming on. It checks and cures
coughs, colds and Group and prevents
bronchitis and pneumonia. Refuse
substitutes. Red Cross Pharmacy Oh.
Jerman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

Here is remedy that will cure your
cold. Why waste time and money ex-
perimenting when you can get prep
aratlon that has won a worldwide
reputation by its cures of this disease
and can always be depended upon?
1t is known everywhere as Chamber
lain's Cough Remedy, and is a medi-
cine of real merit. For sale by all
dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02
KIM More Thnn MiId Bensts.

The number of people killed yearly
by wild beasts don't approach the vast
number killed by disease germs No
life is safe from their attacks. They're
in air, water, dust, even food. But
grand protection is afforded by Elec-
trio Bitters, which destroy and expel
these deadly disease germs from the
system. That's why chills, fever and
ague, all malarial and many blood dis
eases yield promptly to this wonderful
blood purifier. Try them, and enjoy
the glorious health and new strength
they'll give you. Money back, if not
satisfied. Only SOC at ]. G. Perry.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

made and excepted to on trial. The
judgment is reversed and new trial
ordered.
Mr.. Justice Burnett took no part in
this decision.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

If your children are subject to at
tacks of Group, watch for the first
symptom, hoarseness. Give Chamber
lain's Cough Remedy as soon as the
child becomes hoarse and the attack
may be warded off. For sale by all
dealers.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

Twenty-one inter-insurance ex-
changes and insurance companies
were admitted to do business in Ore
gon during 1911.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

Footprints on the sands of time are
all right, but be careful not to make
them on mothers clean kitchen floor.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-05-06


by falling over a sixty-foot bank of
the railroad cut. The horse is badly
| bruised.
Last week the Honomu school yard
was flooded with water so that ducks
could swim. A flume crossing the
school lot leaked. Principal V. A.
Carvalho notified Manager Pullar, who
Immediately sent gang of men to dig
drain.
AHUALOA.
Sunday, April 81, was a day of fes-
rivals and enjoyment to the youngsters
Of Ahualoa. A feast was given by Mr.
Limo Dias, who is at present luna on
Honokaa plantation. The Hamakua
band was engaged from p. m. to S
p. M, filing the air with its delight
fpI music. Manuel Nobriga and Frank
Freitas, of the same place, added
some nice selections of coon songs,
and for every one of them they were
we'll applauded by the audience.
Joe Santos, expert carpenter and
baritone player, expects to leave to
join the Hawaiian band.
The cane at Ahualoa homesteads
doesn't thrive at all as it used to-
The Portuguese have stopped raising
cane entirely and are leaving for the
plantations.
The oranges were affected, by the
heavy showers which visited our To-
cality and they are falling to the
ground, bruised.
LIBRARY FOR KoLoA.
LIHUE, April 3O.-An informal
meeting of the reading community of
Koloa was held at DR.. Warehouses;.
Koloa. on Tuesday evening to organ
ize Library Association.
1t was decided to minister to the
needs of the reading public along
the lines of the Lihue library, with
good books being the main thing.
DR., Warehouse was unanimously
elected president and Miss E. c. Wag-
ner nearly everything else. The
books will be kept in the hospital in
the care of Miss Wagner, whose
obliging courtesy will do much to ex-
tend their usefulness. By way of
dues, there will be S. initiation fee
supplemented by an annual fee of 81.
Books will be delivered regularly to
the members at their homes.-Garden
Island.
DIPHTHERIA ON KAUAI.
KEALIA, April 29.-Two more
cases Of diphtheria have broken out
here this week, one being woman
living in the mill camps, and the
other a child who lives in one of the
mauka camp. Both are of a mild
form, and as a quarantine was
established there is no fear ?
Of spread. The house where the
woman patient lives is the same in
which another case appeared more
than year ago. The present case is
to be the work of germ
who happened to be out calling when
the fumigators fumed. - Garden
Island. j
LANTANA BLIGHT PEST.
KAPAA, April 29.-small farmers
Of the homesteads tract are becoming
alarmed over the fact that the blight
which has destroyed the lantana has
attacked their vegetable gardens and
In some instances corn fields have
also been invaded. AS there are no
pines yet growing in this section, it
Is not known whether or not they
will be free from the blight-Garden
Island.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-05-06
BIG COON SHOW
At OPERA HOUSE

Residents of Honolulu will have the
opportunity of attending an old-fash-
Toned negro minstrel show on the
fourteenth Of this month when Hugo
Bros Greater American Minstrels ar
rive from the Coast for an eight-day
stay at the Hawaiian Opera House.
In addition to the regular minstrel
show, the troupe carries a number
of vaudeville artists each and every
one of which is heralded to be head
liner in his particular branch of the
theatrical profession. In the number
are included Brown and Hodges, sing
ing cartoonists; Ed Tolliver, mono
logist; Maxwell, comedy cyclist; Hap
by Young, the. Baton Wizard; Qualli
Clark, the triple-tongued cornetist;
Pearl Moppin, hoop roller, and Miss
Lea Clark, who has achieved the
nickname of "The Girl Who Sings To
Beat the Band
But the hit of the entertainment is
said to be the Texas Tommy Four,
quartet carefully trained in the mys-
teries of the Texas Tommy Dance
These four will interpret the famous
whirl of Barbary Coast in a way that
would turn a "Freiberg's" patron
green with envy.
The entire troupe is composed of
negroes, the most talented OF the race
that could be found; their costumes
are said to be gorgeous, money has
been avishly spent on scenic ar
rangements by the promoters, ana,
with it's own band and orchestra, the
entertainment will undoubtedly be the
best of its kind that has been given
in the Islands for some time.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-05-06
PROGRESSIVE SCHOOLS.

HANAPEPE, April 29.-The Hama
pepe school recently purchased a Co
lumbia graphaphone and a number
of records which are being used in
the opening exercises, calisthenics,
flag and other drills. The money was
gotten through the sale of wood
which grew on the school grounds.
At the recent election held in Ha-
napepe school, in the establishment
of county government" the follow
ing officers were elected: Supervis-
ors-Waimea side, Sakai Dembo and
Hide Naito; Koloa, Tai Hee and
Male HASTE; supervisor at large,
Edith Brodie; clerk, Kochau Watase;
sheriff, Chang Lun; deputy sheriff
Waimea, All Bun; Koloa, Louis.
Volume /, No / of March and
April" an artistically gotten up
thirty-six page magazine, published
by the Waimea school, the first maya
zine ever published on Kauai, is be-
fore us. 1t is full to the brim of
fascinating stories and able discus
sions on the important topics of the
day. and contains besides many two
color illustrations by a real artist.
The Waimea school children are
enjoying their Friday afternoon OBJ
servation trips with the teachers SO
we'll that they work very hard to get
perfect attendance of the entire room
for the week in order to gain the
privilege. There was a lively scene
in grade w last week when one of
its members was punished for appar-
ent deliberation in remaining away
from school one day and thus spoil
ing the record.
The Waimea school children have
begun a plan to keep the streets
heater, especially those near the
school. Every Friday at Q o'clock
the boys sally forth in quest of rub
bish, which is gathered up and
burned. Thus they are learning not
to throw papers on the streets, and
setting an excellent ex-
ample for the grown-ups.
The pupils in grade w are working
very earnestly to earn money with
which to buy records for their new
Already $1.55 has been
secured and the list indicates the va
rious ways in which the amount has
been earned, from hoeing cane, chop
ping wood, washing, ironing, to real
self-sacrifce-like going dInnerless
and giving up the pleasure of NOV
ing picture show.
FREsHET AT kEALIA.
KEALIA, April 2S.-The freshet
which occurred last week caused the
river to belch forth an enormous
amount of water lilies which, during
the dry season, accumulated on the
waters surface.
Having In mind the flood of two
years ago, which came near destroy
ing the bridge as a result of the i'm
pact of the drift of vegetation, Head
Luna Hundley gathered about fifty of
his men and with the add of locomo-
tives and great hooks attached to
long wire cables, succeeded, after
hours of strenuous efforts, in saving
the bridge.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-05-06
James L. Holt

Oners some fine lots near the car
line at Palame at bargain. also the
balmy sea-beurh home OF the late Ad.
miral Beckley at Aqua Marine
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-05-06

The best investment Today Is the
classified" page Of The Star. II is
a certain dividend payer.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1912-05-06

Only fifteen cents a day for three
line classified Ad." in The Star.
Think of it!
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
CANTlLlON, OF MlLlERS,
SEEMS TO SEEK THE
EccENTRlc PLAYERS.

Tile average man in charge OF
a ball team tries 10 steer clear
Of eccentric ball players, but
there is one exception 20 this
rule Joe Cantilion
IL is questionable II there was
ever team which numbered
among It's members as many in
diy.duals who, in the parlance
af the game. are called bugs
ls are 10 be found on Cantii-
!ons Minneapolis team this sea.
son
Waddeil Al'izer and Ferris
ire but three OF his players who
are 10 say the least. peculiar
out there are others, including
Rossman once a star with the
Tigers Cartillon seems 20 de-
ight IN gathering about him
his class OF players and. pecu-
iarly enough. he seems 10 have
made up another winning com
b.EdtiCn In this way
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
MIGRANTS PROTEST OF
CUB GAME DISALLOWED

NEW YORK May l7.-Presiden;
Thomas J. Lynch, OF the National
league has disallowed the protest OF
John J. McGraw on the tie game
played between the Cubs and the
Giants on Monday The protest was
lodged by the New York manager on
the ground that the reversal OF Chief
Umpire Rigler OF a decision made at
third. with men on first and second.
by Bases Umpire Finneran. enabled
the Cubs to tie the score Lynch said
Rigler acted in accordance with orders
when three men are on bases.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
PICKUPS FROM THE
BIG LEAGUE FIELDS

II was Nap Fuckers hard luck
day and ne could not even 60 the
limit against Laudermilk Of the
Cardinals. He was taken out TO
allow a pinch hitter TO bat
The Boston Braves held the
red legs right up in the famous
sprint by booting the ball at the
proper moments. O'Day gets all
Of the breaks this season.
II rained in three sections Of
the American League and il was
too wet for even sawdust in Wash
ington.
Boston imported all Of the big
guns of baseball to see the dedica-
ton. and then the game had to be
postponed. Maybe il will take
place today.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
RICHIE BELIEVES HE
CAN FINISH WOLGAST

CHICAGO, MAY l7-Feeling no III.
effects of his recent fight with Ad.
Wolgasf, Willie Richie. the coast
fighter, was here today to meet his
manager. Emil Thirty, who is expected
TO return with Packey Mcfarland
from Philadelphia Richie said he be-.
lieyed in long fight he could put Wol-
CAST out II am going to meet them
all until | have made clear my right to
meet Wolgast for the title he said.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
SHORT LENGTHS

Michigan w.. West virginia today nj
Ann Arbor.
kitty Hawk and Reliance, two of the
fastest motorbOats in the world, ma
meet here Lee Counselman owns kitE
Hawk and ]. Ryan, OF AiEonac, Zen :
ance Challenges have been hurled ana
the STRIFE is'cNpected To be held on tile
Detroit river soon.
W ~ &. ~. Wabash today al East
Lanslng. Yesterday game caile"--
rain.
4. Of ID. ~. Detroit Needles today ~
Clark park.
Central high ~. Collegiate Institute
at Windsor today.
Old c. D. T. Young.
Cvrano Denton Tecumseh Young IS
his full name and Peol o., his home
Bus,ness-IIke Printing. No fuss and
no feathers The plain. neat kind thar
CT "oo SuIluIId ssmII 1uSti syool
John r EST. Ph. Main 1898 or city sssb
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
ANNOUNCEMENT THAT N.
M'GRATH is OUT SAODENS
Work Prevents Him From Train
ing Properly; Hence
Cannot Compete

NEW YORK. May 1.-THE an
nouneement that Matt McGrath VIII
not compete in the Olympic games was
had news today TO many who like 10
see the blonde giant OF the Irish
American club throw the hammer He
says that his work prevents him from
training and that il would be useless
for him 10 go to Stockholm out OF con
dition, He believes Tom Nicholson, OF
the West Scotland Harriers, will carry
OF the honors in the hammer throw.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
WOLGAST is TO TAKE
NO CHANCES IN BOUT
May Cut Tonights' Bout With
Daniels To Four
Rounds

ST JOSEPH No. May light
weight Champion Ad. Wolgast IS nor
going 70 take any chances in his bout
here tonight with Freddie Daniels. ~
may be decided during the day !" cur
the number of rounds from SIX 70
four and eight-ounce gloves viii be
used.
Wolgast is still decorated with two
black eyes and a split lip from ms
hght with Willie Richie on the coast
tie says that Richie tried 70 surprise
him by making a real night out oil
their four-round go.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
ELGIN RACE ENTRIES
HAVE BEEN ANNOUNCED

CHICAGO, May 1.-THE rumors
that this years Elgin road races
would be abandoned, We're dlspe'led
today by the announcement that IL
entries have been secured for the
events on Aug % and "a Charles +.
Root Will spend the next few weeks
visiting automobile manufacturers IN
an effort TO interest more car makers
in the Elgin races. Work Will begin
i'm a short time on the new concrete
grandstand which will take the place
of the wooden stand that was smashed
last year.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
OLDFIELD VS.. BIIRMAN
AT BRIGHTON BEACH

NEW YORK May ia feature Of
the Brighton Beach automobile meet
TO be held some time in June, viii be
a li0-miic race between Barney Old
field and Bob Burman, two OF the most
daring drivers in the game. The
promoters were busy with the details
CT the meet today.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
kILDANE- BROWN SCRAP is !.
EXPECTED TO Be FAST ONE
Kilbane Represents Science and
Brown Personifies Force
In 1t

NEW YORK, May 1.-THE fight be
tween Johnny Kilbane, featherweight
champion and * o. Brown, SEIZED
uled for June II in this city, is expect
ed TO furnish fast scrap. Brown ex-
emplifies force, Kilbane science. The
conditions are Ten rounds; l2S
pounds ringside, purse $4,000 rs
the largest purse hung mp in this state
since the Frawley boxing law was
passed.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
BAN JOHNSON DECLINES
TO DISCUSS COBB FRACAS
Cobb Thinks That He Has Been
Treated Unfairly BY League
President

BOSTON. Mass, May l7,-Observlng
his customary silence, President Ban
Johnson today declined TO discuss the
indefinite suspension OF ry Cobb, the
Tiger star for his attack on special
or in New York on Wednesday COBB,
who is with his club In Philadelphia,
feels that he has not been treated
fairly.
II should at least have had an OF
portunity to state my case he SAID
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
DEMAREST FEELS LIKE
REAL BILLIARD CHAMP

CHICAGO, May 17.-Calyin De Mar
est today feels like a real champion.
The reason is the fash OF form he
showed last night when he defeated
Ora Morningstar, of Pittsburgh. 800 70
PSI in the third OF their five practice
matches before Morningstar meets
George Sutton for the ISL billiard
title. Sutton, who is playing a series
with Clarence Jackson, last night. de-
feated his opponents 500 TO 377.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
Ebbets Some Discoverer.

II looks as II G. Hercules Ebbets'haS
dlscoYored everything connected with
baseball but the first division club
Outside OF this he stands as the Column
bus OF the pastime
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
Yah! lah-dah dab!

With Luderus, Knabe. Shultz. Pask-
ert, etc, In the lineup, the Phillies
look more like German band than
a ball team.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
IS IT DIGNITY OR IS
IT SUBMISSIVENESS B,
JOHNSON is UNFOLDING?
Johnson Thinks 1t Is Former,
and Tough Luck To Tigers)
He Has Whip Hand
NEW YORK PAPERS VARY
Some Hold Cobb Wrong in Beat
ing Spectator; Others Say
He Was Justified
NEW YORK PAPERS VARY
BY RALPH L. YoNKER.


Moving pictures of Ban Johnson up
holding the right hand OF the Goddess
or Baseball Dignity may be funny IN
the east just now. but tney don, help
tkat rainy weather feeling in this Sec
ton of our fair and beautiful country.
kMhy?
because in raising the hand OF Dig
Ihty away mp, Ban Johnson Is resting
Ids feet on the slender figure of Cobb,
meanwhile compelling him 10 fofego
his customary occupation OF boosting
the Tigers pennant chances in order
to assist in the Johnson'Dignity hand
holding affair. Just when the spoon
ing will stop, Johnson doesn't deigE
to say.
tBan Johnson has publicly declared
his love for the dame OF baseball pro
priety He has said that there is go
ing TO be no rowdyism among he
Players of the American league. He
lbs reiterated his declaration as many
times. as he has been interviewed
u9on the subject.
Now his affection for the lady has
) bren put to an acid test. To the dis
comfture of the Tigers, il must be
admitted that Ban has stood pat.
There is absolutely no chance for
q suit on the charge OF breach of
promise: much less any chance TO dis
ccuntenance Ban for allowing his af-
fections to be alienated Ban, durn
i'm, is true TO the lady OF his choice
as he sees her.
bThey do say, however, that love is
blind, and il may be that In his frenzy
Han has mistaken Miss Submissive
ness with a stately makeup as his
friend. 1t may be that 1t is Servil-
K ity's first cousin that he is wCoing
With Tyrus' compulsory assistance.
kBut as Johnson sees II, there is no
reason why a player should leave the
fi6ld, Jump into the stands and beat
up spectator. Such thing under
any circumstances. is objectionable.
LAS Cobb sees it, he had a license
TO pound the spectator who was call
ing him names.
johnson holds the whip hand. Cobb
must do as he says.
Cobb is sore because Johnson didn't
give him a chance to explain.
johnson evidently has had ali the
explanation he wants.
So Cobb is indefinitely suspended.
And there you are!
In the meantime, the Tigers are in
an extremely bad way for outflelGers.
Hank Perry is hardly available. He
is hardly up to class anyway, and,
furthermore, he is peeved because he
Is to be sent to Providence. He wants
to 90 to Buffalo. Just Tnere he gets
any license TO think that he can go 10
the Bisons, IS beyond comprehension.
But at any rate he will be make
shift at best in the outfeld If he is
used.
II Willett or Dubuc is used = -
outfield, il viii create quite a sensa-
ton, but ii won't be one likely 60 boost
the Tigers chances For major
league team to have TO use pitchers
in the outfeld is bad. Both Willett
and Dubue, however, are good hitters.
That's some consolation.
In the meantime, while the Ath-
letics, with their damaged pitching
staff, are doing their best TO tTounce
us, Wen have TO wait for the lift Of
Cobb's ban. the disappearance OF Wits
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
Delhi Has One Misfortune.

Pitcher Flame Delhi, OF the White
Sox, comes from the Pacific Coast
league. He gets his nickname from
the color Of his hair.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
Tn,In,,- Gnnrs.

BROOKLYN gt ~ Louis
Boston at Cincinnati
NV York at PITTSBURGH.
Philadelphia at Chica 20.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17
Redmond 10 Fiqht Cross.

NEW YORK May l7.-Jack Red
mond. OF Minneapolis. will box Leaen
Cross of this city on June 4.
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17

Sob Prisfing Done Right. Time.
PrintfnGl Co.. rs John R-st
The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1912-05-17

.floux New York seven hits and
"a ~ naePts M eight innings Whlns
- IN game Tor Marty. sivihg tie
Eltnts pns more run