davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1912-04-12
COURT OF APPEALS
DECIDES FOR ALLEN
IN COMING CASE
Retrial Ordered on Verdict
Sentencing Outlaw to
Prison.

Sidna Allen, Virginia outlaw, and
principal in the Hillsville court house
shooting, will not have to appear be-
fore circuit court of appeals In Vir-
gfnia today, for hearing on his ap-
peal from the decision of the
Greensboro, N. c.. district court
that sentenced him to two and half
years In the Atlanta penitentiary for
perjury in a counterfeiting case.
The appeal was set for hearing today
at Charlotte, but owing to the incidents
Of the past few weeks in Hillsville, the
case was anticipated. and the court Of
appeals reviewed the evidence on brief
from the attorneys in the case. The
court of appeals sent the case back to
the Greensboro trial court for a retrial.
This decision was made on the evidence
and the record in the case, and Is be-
lieved to be favorable to Allen. as the
sentence Of the lower court was not
confirmed.
Allen was first arrested by Secret
! Agent Thomas in connection with a
counterfeiting case He was held not
guilty and on June 13, 1911, he was tried
on penjury charges brought by Agent
Thomas, who alleged Allen had es-
capped in the dynamiting case because
he intimidated the other principal.
After sentence was passed IN Greens,
| boro, Allen was released on 5000 bond
for his appearance before the court of
| appeals. This bond still stands, and In
this case he is simply out on bond.
The Washington police today were
again requested TO keep on the look
L. out for Sidna Allen and Wesley Ed.
wards.
"Allen and Edwards" the cards read
"may undertake to leave together OF
may separate and may be travelling or
| horseback or in wagons through the
/ country"
The Washington times., 1912-04-12
Students to Compete
In Oratorical Contest

Students of st. Johns College will
compete this evening in the annual ora
torical contest for the Moran gold
medal. Those entered are Leo e.
Madigan, T. II. Fannon, James ]. Ly-
nagh, T. Lionel Tansley. jeremiah A.
o'Leary, Adolph ]. Schafirt, William T.
Becker, William A. O'Dea, Bernard I.
Boudren,. Vincent S. Peck, David r.
Horrigan, and John p. Daily.
The judges are the Rev. Edward l..
Buckley, p. T. Moran, DR.. NJ darcy
Magee. the Rev. Brother Abdas, F. s.
C, DR.. Johnson Eliot, Edward j.
Walsh, and DR.. William B. Daily.
The reception committee includes f.
r. Stroke, Chesterfield Cole. T. J. Hor-
rigan, Merrill f. Lynch, and John j.
Rhoades.
The Washington times., 1912-04-12
BODY Sent Away.

The body of William Thornton. who
was fond dead Wednesday morning at
the home of a friend, Benjamin Cooper.
17f0 Fourteenth street northwest, was
sent to StauntUn, Va, last eevning.
Funeral services and interment will be
in Staunton this afternoon. A son
of Mr.. Thornton, b. B. Thornton, a
student in the military academy at
Staunton, who came to Washington to
arrange for the funeral, accompanied
the body.
The Washington times., 1912-04-12
Today Is Birthday
Of Senator Luke Lea

Senator Luke Lea, the youngest MEM
Der of the United States Senate. Is
thirty-three years old today. He is
graduate of the University of the
South and of the Columbia University
Law School. He was elected to the
Senate January %, 1911.
The Washington times., 1912-04-12
Concert for the Blind.

Miss Marie Belt, pianist: Miss Helen
Belt. violinist, and Miss Mabel Louise
Benzler. soprano, will give recital In
the reading room of the Library of
Congress tonight at s o'clock for the
benefit of the blind. At least fifty blind
are expected to attend.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02
NATION TO FIGHT
RHEUMATISM
Crusade Begun Against Alarming In-
crease Of ~Weather Disease"
Educate the Sufferers" Is
the Slogan.

Washington, D. c., Dec. 30.-Fol-
lowing the recent agitation for a ma
tional fight against consumption, ex-
tensive tests have recently been
made to ascertain what is the most
certain method of curing rheumatism
permanently
The claims of many prominent
physicians and manufacturers of
rheumatism treatments, without pre-
judice or favor, were taken into con-
sideration. Evidences of cures were
carefully sCrutinized. T. C. Millard
of Flint, Michigan, the discoVerer of
the Fuss Rheumatism Cure, demon
strated so thoroughly the action of
his remedy, its certainty, and the ex-
ceptional array of proofs, testimonial
letters from chronic cases cured by
it, that it was decided to sanction
the use of this remedy as being the
most reliable and the most definite in
curative action. 1t was pronounced
by analysis to be absolutely safe in
its composition.
One of the most interesting cases
noted was that of Mrs. Mary r.
Thorn, COS Pine street, owosso, Mich
8 years old, who had been a sufferer
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

Co. no issue was made between the
defendants. In the absence of issues
on the subject, the court cannot prop
| erly make decree affecting the rela-
tions of the defendants to each other.
Nevada Ditch Co. v. Bennett 80 Or.
SO, As Pac. 472; Whited v. Calvin, 55
Or. 9S, 105 Pac. 1896.
The result of the analysis is that
the question is between the plaintiff
and the defendants without reference
to possible disputes among the latter
and that the plaintiff is prior in his
appropriation to all Of the appellants
and, as we believe, from the evidence,
to all the other defendants
1t is next in order to consider the
quantity of water in the use of which
the plaintiff is to be protected. The
pleadings are framed as to all parties
on the basis of continuous flow of
water at certain rate in miners
inches, under a siX-inch pressure.
Some Of the appellants urge that be-
cause the plaintiff alleges that he is
entitled to 900 cubic inches of water,
miners measurement, under 6 inch
pressure" his claim is too indefinite
to be considered We deem this OBJ
lection hypercritical By rejecting
the word cubic" as surplussage the
meaning is plain and as the defen-
dants do not appear to have been
misled, the allegation in that respect
will be so considered.
1t is quite probable that if the
waters of the Grand Ronde river were
prudently applied under one intelli-
gent and impartial management there
would be ample to accomplish most
excellent results in that wide and fer
tile valley The court, however is
bound by the case as stated in the
pleadings. There are no data of either
allegation or evidence whereby we
can decree alternative use or a chang
ing administration Of the water to
correspond with the change of crops
with the case made as it is, we learn
from the testimony that of all the SET !
tiers originally interested in the lands
and water involved, the plaintiff alone
mas maintained his holding from the
beginning. 1t is fairly established
that in June, 1865, he appropriated at
least 265 inches of water, miners
measurement, under a six-inch pres
sure for use upon his lands. This
Is the amount allowed him by the de-
cree of the circuit court, and as he
mas not questioned it upon appeal we
Will not disturb it or consider whether
the testimony shows a greater uuan- /
uty In his appropriation. Within the
meaning of Seaweard v Pacific Live
Stock Co., 4s Or. 157, IS Pac. 1853, he
has kept up his appropriation to the
present time.
lie may not have used it every weel,
or month in the same quantity or in
the same spot, but he has used gen
orally the whole amount and for the
Continued on Page ~
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

dants except the Irrigation Canal Co.
could in any event plead that as an
estoppel because that conduct did not
make them change their position in
any respect, But granting that it
could be urged and that it is well
pleaded, in our Judgment estoppel Is
not established by the evidence. Sup
posing the water of a stream to be
the subject of appropriation unless
1t is all included in the first taking,
there may be successive appropria"
tions as long as any water remains
for such diversion and the priorities
will not be thus destroyed 1t was
consequently competent for the plain
tiff, either as an individual or as a
member of corporation, after he had
made the appropriation alleged in his
complaint, to make another approprl-
alton, either on the same land, or on
other land without losing his priority
or being estopped, if nothing else is
shown, That is the condition of the
affair as disclosed by the pleading and
testimony. No estoppel or adverse
user, or prescriptive right can arl7e
under such circumstances until the
appropriation of the first taker is
sensibly diminished in quantity by the
subsequent diversions. AS long as
there is enough water for all, no such
hostile claim is initiated by a mere
subsequent taking. Bowman V. Bow
man, 50 Or. 279. 81 Pac. 546; Carson
v Hayes, 80 Or. 10, 65 Pac. S14; Britt
v Read, AZ Or 76, 10 Pac. 1929.
We turn now to the cross petition
of the defendant, May Park Water Co.,
and the answers to it already noted.
What has been already written here
respecting the affirmative matter in
the answers of the corporate appel
lants applies in principle to the cross
petition in question. In brief. the
May Park Water Co. assumes the role
OF mere manager or trustee while
Its articles do not authorize such an
cillary relations, neither does it show
any transfer to it of any of the prom
efty for which it defends. Like the
corporate appellants, it alleges no in
terest in the water in its own right
and its charter does not give It the
authority to act as holding concern
IL rails to prove its allegation of the
capacity in which it is acting.
We cannot approve the decree of
the circuit court so far as it attempts
to adiudicate the rights of individuals
VINO happen to be stockholders in the
several corporations named. These
people were not parties to this suit
Inc court might have caused them to
oe made parties but it did not and
their individual interests are not in
Volved in the issues joined When
they come before the court in their
own right, either as plaintiffs or de-
tendants in appropriate litigation il
WIN be time enough to determine their
rights and liabilities. Aside from the
cross petition of the May Park Water
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02
Foley Kidney Pills

always give satisfaction because they
always do the work. j. r. Shelnut.
Bremen, Ca, says: 81 have used Foley
Kidney Pills with great satisfaction,
and found more relief from their use
than from any other kidney medicine,
and I've tried almost all kinds. | can
cheerfully recommend them to all suf-
ferers for kidney and bladder trou-
ble" Foley Kidney Pills will cure
any case of kidney or bladder trouble
not beyond the reach of medicine. No
medicine can do more. Red Cross
Pharmacy (H. Jerman).
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

for IA years, during which time no
remedy was found availing. Three
days after using Fuss, her pains
ceased and she is now pronounced
cured.
For sale by D. F. Fry and all lead
ing druggists or sent prepaid on re-
ceipt of $1.00 or six bottles for $500.
Fuss Remedy Co., Flint, Mich.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-01-02

IOontInued on Page ID
The evening world., 1912-09-19

every box CHOCOLATES with ndescrbaby mingled filings
llusivey amilar and delicious.
1t such this that Guth has devised-evcry
bon III the box is both exclusive and individual,
Guh confseur without peer and he has succeeded in
imparng to his chocolates delicate flavor subtle appeal
that reminiscent all famous Partisan and Persian
Chocolates au Guth Excello Sweets
Chocolates Guth the Excello Sweets the most
most distinguished chocolates arng and best assorted sixty
the market They fulfill chocolates. Every piece
requirement OF the most of candy Of her special
epcuean candy lover and preferences and she will tell
decacy hither Excello Sweets satisfy all
to unmagned in candy The her demands Every piece Of
chocolate the fine French candy the box wrapped
flavor not coyngy sweet little brown fr and
filings each masterpiece tive look is
soc the half pound box; the &, 80 cents the half n
pound ............... pound box the pound QUO
The evening world., 1912-09-19
RIOTERS
PLUMBER AND SMASH;
ATTACK THE POLICE
Anti-Home Rule Mobs Terror
ize City All Night in Demon
stration Against Catholics.

BELFAST. Sept. 1s-From early last
evening until nearly daylight to-day
there was continuous riotins in Belfast
A free night between home rulers and
snti-home rulers began the outbreak.
Following II. members of various Unic n
list clubs. supported by a mob OF hood
iums. went through the streets. smash
ing the windows Of Catholics homes
In the residence quarter and footing
their shops IN the business district The
police wsre stoned. and repeated charges
b. the officers with drawn clubs failed
to quell the riot until the night was
nearly over. Many were badly hurt.
The second OF the current scn days
anti-homs rule demonstrations was held
at Lisburp. County Down. to-day. A
vast concourss OF Orangcmen registered
their determination TO resist the estab-
iishment OF an irish parliament by force
II necessary.
The evening world., 1912-09-19
Is CENT 'DANOER|NE"" FOR FALLING
HAIR AND DANDRUFF- GROWS HAIR
Don't so cents for worthless hair toncs-Use old
reliable, harmless "Dandsrine''-Cst results.

Get q f5-cent bottle Of Knowlton's
Danderinc from any drug store or toilet
and. after the first application.
you will say il was the best investment
you ever made. Your hair will immc-
diately take on that life, lustre and luxu-
rance which IL so beautiful. II will be-
come wsvy and fluffy and have the
appearance Of abundance: an incompar-
able gloss and softness. but what will
please you most will be after just few
weeks use. when you will actually see a
lot Of fine. downy hair--ncw hair-grow-
ing all over the scalp
The evening world., 1912-09-19

East Twenty-second street. were adj
dressed TO Miss Sweeney OF No. "A ver-
non street. Hartford. Conn. and Reid
& Hughes. waterbury. Conn. The other
packages. which had been mailed w
Straus, 1fohenstein and Company, No.
IL, West Twenty-fourth street. were for
Maynard and COMPANY. Boylston street,
Boston. Mass. and the w. q. Hutch
iDson Company OF Los Angeles, Cal
The remaining two parcels were adj
dressed 20 u. J. Mary Company, Indian
apolls, Ind. and Miss Johnson, Ypsllanfl,
Mich.
The evening world., 1912-09-19

Thin. brittle, colorioss and scrsggy
hair is mute evidence Of a neglected
scalp; Of dandruff-thst awful scurf.
There IL nothing 20 destructive to the
hair as dandruff. II robs the hair Of It's
lustre. its strength and its very life:
eventually producing q feverishncss and
itching Of the scalp. which. IL not reme-
died. causes the hair roots to shrink,
loosen and dic-then the hair falls out
fast.
A little Danderine tonight-now-
any timc-will surely save your hair.
The evening world., 1912-09-19
Bath Spray, 6oc

DUH NPIdy, USC
Regular price, 9Sc. Five feet
Of the best white rubber. with
aluminium sprinkler and nozzle.
While they last we will
sell this csc spray for. =. OSc
Other high grade bath SPRAYS,
made of the best quality rubber,
with nickel attachments. Prices
from 99c up.
The evening world., 1912-09-19

Scented Bath Salts
Most women realize the COM
fort and appeal of a big white
tub filled with steaming water,
but until she has used Riker's
Scented Bath Salt no woman
really knows the ultimate luxury
of bathing.
Rikcr's Scented Bath Salt
is not only fragrant, but stimu-
laiing to the skin and system.
In glass jars, Csc and 4sc.
Take a Sea Bath at Home !!
Riker's Sea Salt is carefully ,e6ned
and packed in cotton bage. Price l3c
per bag,
The evening world., 1912-09-19

Riker's Violet Cerate. grease.
less cream. combining healing and
tissue building materials with almost
miraculous softening and whitening
qualities. In porcelain jars. soc.
Violet Excelsis is the violet essence
Of which the fastidious woman never
tires. To put drop Of il on one 5
palm is like placing a fresh violet
there. Extract, sl.2s and $3.50 the
bottle; Toilet Water. 7sc and $3.50
the bottle.
equisite for every special need.
The evening world., 1912-09-19
To Please a. LADY,

a box OF candy
$ h o al d b C
varied in fla
vor, delecLablc
in quality, and
alluring to the
eye
The creams
should be soft
and delicately
favored. the
nuts crisp and
cunninglycom.
bined W it h
fruits and fla
vors the nou-
CATS of fairy
like fineness
and the choco-
late coatings
rich and keen
to the taste.
There should
be a dozen sur
The evening world., 1912-09-19
READS MINDS ON
STAGE, But FALLS
DOWNFO SlEUTH
n Can See a Check in Your
Pocket" Cries "The Great
Newman" With Joy.

Wnea Ae = on the stage. with hs
eyes bandaeed. his hands tied behind
dis back ana his left foot fastened 20
the floor with q regular chain that
every one n che front row has besn
allowed 20 examine. The Great New
man." mind reader. clslrvoyant. ven
trsloQusst. musician and imitator. has
not che siiGhtcst dficuity IN divining
what the gentleman on the left end OF
the m" row has in me inside pocket
But the Great Newman" without
aay Of those handbags which give dis-
sinction 70 his pubic Appearances.
Guesed wrong to-day at q private per-
formanos In q theatrical booking once
IN the fitzgerald Building. rorty-third
street and Broadway.
Shortly before noon a suave. dappsr
man poked his head In the door OF the
once and asked for The Great New
man" That person. who much
smaller In stature than his name indi-
Gates. was there. and said 20.
~sees" PAPER IN POCKET AND
ouEsces ire A CHECK.
do you know snsr' asked the visitor.
Tho Great Newman clicked his heels
osgether. closed his eyes and passed his
isft hand three rmes over his brow.
Il do-and yet I don't" he said.
Poor worla" remarked the visitor.
nrbtly, Then I have something for
you In my inside coat pocket. What IL
NJ
Tho Great Newman opened his eyes
for an instant. looked at the stranger
sharply. and closed them again.
do not see substance that 10
me paperr' he asked. suardediy.
yes" admitted the other. His tone
Uas encouraging.
III of paper with writing and figures
pon Il. Yes. II ts q check from the
Orrole Pleasure Club. before whom ]
performed last week. Selsh!'
Poor work. I'm a detective from the
D6utrict- Attorneys once My name IL
Edmund Leigh. and what I have for
you Ia n warrant charging the abandon
ment by you of your wife and two
children. Come onl'
''sor' echoed the Great One. with q
hgh. 1T 10 the first time have failed
to read the mind OF another. This
must not get out or ] am undone."
Arraigned before Judge Grain In Gen.
srai Sessions. who had issued the mys-
tice warrant. The Great Newman" de-
ntsd that he had failed to provide for
his wife because he had become infatu.
ated with another woman. as had been
charged .5 .
SAYS He'e A WONDER, GUT CAN
ONLY GET - A PERFORMANCE.
mo-" he said. times are hard. En-
hog
The evening world., 1912-09-19

Rikcr's Cream with Cucumber
. and Roses 10 a soothing. fragrant
toilet jelly that heals and softcns the
skin. Cool and refreshing. Invaluable
after exposure to sun or dust. l5c.
Riker's Improved Cold Cream.
The most effective cream that has
ever been compounded. Cleansing,
softening. messages lightly into the
skin. The most delicate Of all cold
creams. In jars. 25c. soc and 7sc
sizes. Tubes. Isc.
There is a Riker Toilet +
We guarantee that each Riker
The evening world., 1912-09-19
Billie Burke Chocolates, SOC

"The chocolates really delicious I'm audy pleased you
named them after hope my little girl friends oH enjoy them
as much as do. 'Yours Sincerely
BILLIE BURKE"
billie Burke Chocolates triumph OF candy making
delicious blend of chocolate filling of unique favors and
variety. 1t is not cheap candy.
We sold pounds Of Billie Burke Chocoatesna fortnight
II you have tried billie Burke's. get pound . n
box fifty candies at the nearest store for only Quo
The evening world., 1912-09-19

Most think that the Of complexion should
be set rule formula that But the truth is that
the occupation Of the day should be the deciding influence in
the mnistrations Of the night.
After day spent the golf links the tennis court or in
motor the skin needs entirely different treatment
from that employed after quiet day home After exposure
to dust and strong wind the face should touched with
water until it has been thoroughly ceansed with cream
Rikers Improved Cold Cream better than vegetable
cream Tor this purpose After the wash the face with
towels should follow the rnsns Then massage the face thoroughly
with Rikers Violet Cerate
II ths skin is notceab roughened application of Rker
Cream with Cucumber and Roses will beneficial after the
Ceate II the day has been less strenuous the cleansing
be omitted and the face ceansed with absorbent
with Rkers Violet Excclss Toilet Water But the Cerae
massage should be neglected.
The evening world., 1912-09-19

New York, Aug. 6, 1919.
/ have never used another
cold cream that l like so well
as Riker's. There is something
so delicate about it, and it
messages into the skin so lightly.
l use it constantly and recon-
mend it constantly.
Indeed l am very glad to tell
you how much pleasure it gives
me. Sincerely,
Anna Bussert,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-10-25
JAMESTOWN COLLEGE

A great masquerade IS being arranged
Tor Halloween, il accordance with tn,
Yearly custom, by the college students
II is the might Off of the college year
pit it will no, be spent in the darkp lace.
OF the night. bu. in the parlors and din.
ng hall OF the SANFORD Dormitory. Com
nittecs have been appointed and tn,
anes, time yet is anticipated.
The students were dismissed iron
classes last Monday morning to hear til,
W. c. I. L. national speakers at til,
iepot IN their trip cross the contnn
emf. Such speakers as Hutchinson
Hatcher and Stevenson were heard an,
he students fel; we'll repaid for losin.
.leir rec,tations for this treat OF W..
men orators.
The thilomathian and the Aletila.
i.erary societies are planning a splendl
,rogram for this Friday evening. Tn.
ormer will debate the question, IRE
Owed that the present system OF il
-truction in the public school is defc.
mt 1t would be interesting for tn
public school men to hear what the.
product now in college thing Of til
methods and system in vogue.
Stiff practice is carried on each da
by the football squad preparatory fC
the game with Glendale Nov. md. III
boys were considerably injured ar tn
Valley City Normal game, but are b.
ginning to timber up again. The coa
expects 4 strong anne.
President kroezc ave 4 talk at chap,
70. the progressive political cause, an
distributed the Moose buttor to tn
Roosevelt supporters, of whom ther
were more than was expected. The d.
peal was for suppr-t of Righteousness
III administrative affairs Of the nat;ol
The students will be dismissed in a bod.
10 hear Jane Addams next Monday. ]
will be a splendid opportunity for til
students to near this great woman WI
is throwing her influence into the eau,
OF social justice. Miss Adams speak
here at ~ 80 Monday.
Miss Monk, the North Dakota Pres.
byterian Missionary in Japan, gave ar
interesting address to the student:
Tuesday at chapel. She emphasized thu
opportunities for service in the Orient
and related some OF her joys in her ef.
forts for ne japanese. There are
number OF volunteers.
The Jamestown College Dramatic
! hub will put their first play Of this sea,
son or at the Opera House on Dec. 6
The play will be "NIr. Bob. and is re,
plet> with fine dramatic incidents,
Wheat on the O. J. Bye farm avelag
ed nearly Is bushels. The oats averag
ed 50 machine measure or - by weight
John Hill. ST., of Roseglen, had al
excellent yield of fax, 1900 bushels OF
l65 acres, within a fraction of 20 bu
shells right through
Mrs. Frank Sunderland was injured