davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
COUNSEL NOTES AN APPEAL
Time for Rehearing May Require
Postponement of Execution.
COURT REFERS TO THE CRIME
Justice Stafford Declares It Is the
of Thirty Years in the Law.

Nathaniel Green. colored, was sentenced
today by Justice Stafford. in Criminal
Court No. /, to be hanged at the District
jail Friday, March q. 1913. between the
hours Of 10 q. and pm.
Green was convicted of a felonious as
sault on Mrs. Adelaide r. Grant Christ
mas night in an areaway in front of
312 c street southeast
Counsel for Green noted an appeal to
the Court of Appeals
Green pleaded guilty when arraigned
January ,, but Justice Stafford declined
70 accept the plea and directed plea
OF not guilty to be entered on the rec
ord Trial was had January 13, and the
jury in rendering its verdict of guilty
added the words with the death pen
atty
When pronouncing sentence Justice
Stafford referred to the crime as worse
than murder 1t was committed. the
court said. under circumstances more
horrible than his experience of thirty
years in the law had brought to his at
tention. The crime, the court stated.
could never be surpassed.
The date selected by the court for the
execution Of the sentence happens to be
cure an opinion from the Court of Ap-
peals on the question Of the right OF the
court to refuse to accept the plea of
guilty and impose maximum penalty OF
thirty years imprisonment may make
necessary a postponement of the execu-
ton.
Overrules Motions.
In Overruling motions by Attorneys
| George H. Macdonald and B. L. Gaskins,
! assigned by the court to defend the
| prisoner, that the verdict of the jury
be set aside and sentence imposed on
the plea of guilty, Justice Stafford de-
clared that a fair construction of the
statute providing the penalty for an
accomplished felonious assault required
| that every such case should be pre-
| sented to a jury.
The court said:
THE contention of the defendant is that
| there was no issue to be submitted to
| the jury, inasmuch as his plea admitted
! his guilt; that hence there could be no
verdict and consequently no addition of
| the death penalty. His construction of
| the statute is that the legislature said to
him: If you will plead guilty you shall
be imprisoned only. If you plead not
| guilty and are found guilty by the jury
you may be hanged: that, faced with
| this alternative, he plead guilty and Is
entitled to receive the milder punishment
Is that construction that can properly
I and legally be placed upon the statute?
I '1s it legitimate to suppose that tht
legislature has put penalty upon plead
| ing not guilty? Would a legislature have
a constitutional right to penalize an ac
! cused person for pleading not guilty?.
Nobody doubts the right and power o
the legislature to require the guilt Of the
| accused to be ascertained by the verdict
| of a jury even If he pleads guilty. The
| only question is whether it has exercised
| that power in the case of this statute"
| United States Attorney Wilson and AS
sistant United States Attorney Proctor
conducted the prosecution of Green.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
MOORS LOSE HEAVILY.
Repulsed by French in Attack on
Evolutionary Column.

MOGADOR, Morocco, January %
Heavy losses were inflicted on large
force of Moorish rebels which last night
attacked French expeditionary column
near this place. The fighting was very
severe for some hours, and 800 Moors
were killed or wounded.
They were finally routed and fled in all
directions, but the French We're unable
to pursue them owing to the smallness
of their force. The French casualties
were eight killed and forty-one wounded.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
French Lecturer Sails.

LIVERPOOL January 25.-Prof. Henri
Burgeson. the French philosopher who is
to deliver lectures at Columbia Harvard
and Princeton universities. sailed for
New York today on board the steamer
Carmania.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
Praises TuttIe and Associates.

Judge Prouty asked many questions as
to policy. and Judge Gould's answers
were all to the effect that Robert Tuttle
and his associates We're so ambitious to
build up strong insurance company
that he believed they had business insight
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
tricks and Traps
of the Underworld"

HE cri m e s
which end in
the gambling
house COM
prise. every
crime on the
C a ! e n d a +
w h i C h i S
C. m m j tied
for gain," he
writes.
The stick
up man who
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
BY JACK ROSE.

destrian or holds up 'stusS' game.
the gangster who murders for
hire, the bunkO steerer who whee-
dies away the savings. of the cred
ulOus by. his clever schemes. the
burglar who enters the house at
night. the pickpocket who snatches
your bag or extracts your wallet.
the white SLAYER who fattens on
the wages of sin, the defaulter, the
counterfeiter. the smuggler. the
Shoplifter, each becomes. in turn,
the victim of the gambling house!
Criminals are attracted to the
gambling house like the moth to
the flame. It. is their ill-gotten
gains upon which gambling houses
principally thrive.
For fifteen years / have been
interested in gambling houses of
all kinds, froms the cheap stuss
game of the lower East Side to the
elegantly appointed gambling pal
ace Of the tenderloin. 1 know the
class OF customers who make it
possible for such places to sur
vive. Ninety per cent of the money
lost in gambling houses represents
the proceeds of crimes of one kind
or another.
'1n my long experience 1 have
learned, TOO, of the misery and mis-
fortune which the passion for gam
DIlnS HAS brought ABOUT, OI the sui
cides and deaths it has caused. of
the homes it has broken up and
the careers it has wrecked. The
gambling house is responsible for
more misery than any other single
institution in modern life"
Tomorrow in the
Special Features Section
of The
SUNDAY STAR
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25
WEATHER.

Generally fair tonight and Sum-
day, with temperature above freez-
ing; light variable winds.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25

tC0ntinued on Seventh Page.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-25

1t is stated at the Office Of Gen. Wood
that his action in cOnfining his staff tC
the regular Army. Navy and Marine
Corps and thereby making it much small
er than is usual in such cases, was taken
in Difference to the expressed wish OF
Gov. Wilson that the inaugural cere-
monies be made as simple and unosten-
tatiOus as possible.
The personal staff of the grand mar
shal heretofore announced. consists OF
Col. II. T. Allen. chief of staff; Col II. c.
Hodges. jr., adjutant general, and Lieut.
John c. II. Lee, Corps of Engineers, aid
and secretary.
Positions in the veteran division of the
inaugural parade have been assigned t.
the following named organizations, in
compliance with their applications: The
Army and Navy Union. 12J men in uni
form; the Department of Potomac. G.
A. r.; the Army of the Philippines, and
the Spanish War Veterans.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21


As crowded n the ART proylso, Sec
tion 5. chapter 8, Acts OF 1908. the
council proceededto lay a special bond
levy 70 pay interest on outsta ndins
Bonded indebtedness of So. 600. being
Water Works and Sewerage Bonds, :
and to provide a sinking fund for the
discharge OF the principal. Of nineteen
cents [lSc) on the One Hundred Dol
lars valuation OF all taxable property
in this municipality, according to the
last assessment thereof, and as au-
thorized by a special election on the
2sth day of September. 1912.
State OF West Virginia,
County of Harrison,
Town of Broad Oaks, to-wit:
F. I, AID Talbot, recorder. In and for
the municipality OF the Town OF Broad
Oaks. Harrison County. State Of West
Virginia, do hereby certify that the
foregoing is a true copy from the
records OF an order made by the couu-
ell OF said municipality on the 18th
day of August. 1918.
Given under my hand this 18th day
OF August. 1913.
"A. d. TALBOT.
Recorder of the tAIunicipality Of
Broad Oaks. w. Va.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
ORDER OF PUBLICATION.

STATE OF VEST VIRGINIA
At Rules held In the ONCE of the
Clerk OF the Circuit Court OF Harrison
County. on Monday. the 4th day OF
August, 1913, the following order was
entered:
Richard T. Lowndes, Plaintiff,
vs.. In Chancery
william ]. Nixon, Hugh NJ Martin.
Trustee. and Reuben s. Douglass,
Trustee, Defendants.
Object Of Suit
The object Of the above styled cause
Is to obtain decree in favor of the
said piaintiR against the defendant
Charles w. Moore for Twenty-six
Hundred Twenty-nine and $500
f2629 09) Dollars with interest there
on from the 4th day OF August, 1918,
for goods, sold and delivered and for
money lent and advanced by the
plaintfff to the defendant, and to at
tach and sell the estate OF the said
defendant sufficient to pay said decree
and the costs, Of this suit. And it APP
pearing by an affidavit filed in this
cause that due diligence has been
used by and on behalf of the said
plaintiff to discover in what County
the said Charles w. Moore Is, without
effect, and that the said defendant
Charles w. Moore is conceaIing him
self for the purpose of avoiding SER
vice of process in this cause. 1t is
ordered that he do appear here within
one month after the date of the first
publication hereof and do what is
necessary to protect his interest.
A copy Teste:
/. WADE coFFMAI, Clerk.
r. S. DOUGLASS,
Attorney for Plaintiff.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
NOTICE TO PHYSICIANS.

Notice is hereby given by the coun-
ty Court of Harrison County, West
Virginia, that bids will be received
until noon of Tuesday, August 2oth.
1919. for the position of physician at
the County jail, and physician at the
County Infirmary.
The bids for the position as physi-
clan at the county Jail should be
lump sum for the year, and for the
physician at the county infirmary
should be price per visit, the physl-
clan furnishing all medicines.
Bids may be filed with the County
Court or the Clerk thereof
The court reserves the right to re-
iect any or all bids.
BY order OF the County Court OF
Harrison County. West Virginia
W. GUY TETRICK. Clerk
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
puulpins stafsoa a4d tanks. q. sse,sa

Pumping stafson ara tanks. - sss,ss
3. 1868
,Total estimated disRurse-
/ ments ....-... ......,.-a-. So z 4S.t 2
Amount 70 be provided Tor by
levy :. ~, ~ E
| II appearing TO the council tlaat the
total valuation of all taxable properly
I'm this munich pality according to the
,,last assessment thereof Is 1891, 1900 J;
being real estate to the value OF
1925. 2IO.O0; personal property TO the
value OF $155, 81 100; and railroad an e
other property assessed By the board
OF public works To the value OF $25S,-
9T2, as certified to the co unCil by the
officer whose duty Il Is to make sueh
report, audit appearing from the fore
going estimates that II Is necessary to
raise by levy, after deducting all
credits. Sg22.15 for municipal pnr-
poses; therefore il Is determined that
ID. levy on each One Hundred Dollars
Valuation OF thIr4y-fiye cents (35c) for
municipal purposes will be necessary
Ito produce the estimated amount as
aforesaid for the ensuing fiscal year"
Estimate.
For additional levy to pay the inter
est on and provide a sinking fund for
the discharge of the principal of flu
ture bond Issues as provided in the
second proyIso OF section 5, chapter 3,
Acts of 1908. This levy must be au-
thorized by vote of the people of the
municipality
K To provide sinking fund. and pay IN
derest on Adamston Water and Sewer
age Bonds for year 1913, 1t Is necessary
to provide for by levy $S&4.75; there
fore. 1T is determined that a. levy Of
ten (1Ol cents on each One Hundred
Dollars valuation will be necessary to /;
the estimated amount as
aforesaid for the ensuing fiscal year.
state OF West Virginia,
County OF Harrison,
Town OF Adamston, to-wit:
I, J. C. Garrett. Recorder, In and |
for the municipality Of Adamston
county of Harrison. and state Of West
Virginia. do hereby certify that th6 /
foregoing Is a true copy from the rec
ords OF an order made by the council l
OF said municipality on the 18th day 1
of August, 1913.
Given under my hand this the 18th |
day of August, 1913.
Recorder of the Town Of Adamston
w. va.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21

MONYEEGMA JILL - UlAAs COa
Notice is hereby given that at
meeting OF the stockholders OF the
Montezuma OIL & Gas Company, a
corporation created and organized un-
der the laws of the State of West Vir-
ginia, held at the law Offices OF Homer
Strosnider in the Gof building. In the
City OF Clarksburg, Harrison County,
West Virginia, on the nth day OF Aug
ust, 1913, at / O'Clock, p. m. the fol-
lowing resolutions were adopted.
| Resolved, first, That the Montezu-
ma Oil G Gas Company, a corporation
created aud organized under the laws
of the State OF West Virginia, does
hereby discontinue business as q COR
poratoin and surrenders to said State
its charter and franchises. And u
appearing that all the property and
holdings OF the said corporation were
sold under a deed Of trust on the 2Sth
day of September, 1912, and that said
corporation has no assets OF any de-
scription, it is ordered that each
stakeholder do pay his or her pro
rata share Of such sum as is neces-
sary to pay the license tax for the
year 1918 due the said State and all
expenses incident to this dissolution,
and the board of directors are hereby
ordered to collect the same.
Resolved, second, InaC the pEesA-
dent OF this corporation cause notice
of the adoption of the foregoing res
olution to be published In some news
paper OF general circulation, publish
ed near the principal Office or place
of business of this corporation, once
a week for four successive weeks;
and that he certify these resolutions
to the secretary of state OF West Vir-
ginia, and deliver to him certificate
showing the publication Of said notice
as provided by law.
Given under my hand. this 1lth day
of August, 1913. -
President of Said Corporation.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
FInnCIARY NOTICE.

The accounts OF the following nam
ed fiduciaries are before me Tor set
ELEMENT
Sanford NJ. Fleming, Guardian Of =
Sanford N. Fleming, Guardian OF
Orlando B. Romine.
Sanford M. Fleming, Guardian OF
Harry r. Downs, Guardian of EIiz-
Harvey W. Harmer, Administrator
of the Estate of william McCliud, de-
ceased.
estate Of Hiram l.. Munday, deceased
NJ. r. Post Administrator OF the
Estate OF Eoch Post deceased.
Louis A. johnson, administrators OF
the Estate of Nikora Dawiduk, de-
ceased. 80
day of August, 1913
RAY l. sTROTHER' Com
missioner of Accounts for Harrison
County, West Virginia.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21

the following order was regularly
adOpted and enteEed of RECORD. naElas-
y:
This council ID Of the oplnion thai
the maximpm rate OF levy alloNed by
law for municipal purposes, will not
produce suhie9ent funds for the cur
rent fiscal year and for the year 1914
to cover the expenditures for the
said two years In the town, and thar
additional funds will be needed for
specific purpoees the acount there
OF for each purpose together with the
total as follows:
Regular estimate. $14O5.41.
special levy, $952.50.
For rights OF way for new street
connecting west end of county bridge
with Main street in said town.
Total additional funds needed.
81. 10000.
And this council having ascertaIned
that the aggregate amount of taxable
property. on which It is authorized to
levy IL 1905, $50 and that the rate of
levy in cents on each one hundred
dollars (S1OO) Of valuation of such
property necessary to produce the adj
ditIonal amount estimated to be need
ed is 20 cents; 1t Is hereby ordered by
this council that according to the pro-
visions OF section 5 and z OF chapter
8 of the Acts OF the Legislature Of
1908, the question shall be first sub
unitted. to a vote OF the people of said
town Of Lumberport. at special cleo.
ton to be held for the purpose to de-
'termine whether or not this council
shall lay a special levy OF 90 cents
on each one hundred dollars ($10Q) Of
the taxable property as aforesaid. for
the years 1913 and 1914 to raise said
additional funds. and 1t 10 ordered
that said special election shall be held
on the nth day of September. 1913.
between sunrise and sunset at the reg
ular voting places in said town, mo-
tice OF which, including this order.
shall be published and posted accord
ing to the provisions of section z of
chapter 8 OF the Acts OF 1908; and the
recorder IS hereby authorized to pre-
pare, procure and furnish to the cleo
ton commissioners at each place or
voting in said town the tickets. poll
books tally sheets. and other things
needed to hold said election; which
election shall be held and conducted
in all other respects according to law.
And 1t Is further ordered that the
ballots used in said election shall have
printed thereon as a caption the fol-
lowing.
Special election to authorize a spe-
cial levy of 30 cents for the year 1913
and for the year 1914, according to
the order OF the Common Council of
the Town OF Lumberport, entered on |
the 18th day or August. 1913. to raise
additional funds for municipal pur-
poses"
And, also directly underneath the
foregoing caption in two separate
lines shall be printed the words.
FOR THE LEVY"
AGAINST THE LEVY
M. L. RIBLETT,
Mayor of the Town OF Lumberport.
Attest:
D. p. CRUIKSHAN,K,
Recorder of the Town OF Lumber
port.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21

g,uan horse. weight algort twelve 11ips
dred and nfty pounds This beins slie.
me properly shat Was conveyed bs
u deed OF trust, to SAID y. = Hornur
as trustee for @. W. Cambric 70 So
epTo the paSmant Or q certain note
bearing date the s5th day OF january,
i91s. ana calling for the sum Or
S1S3.2s and was due and payable on;
or before six months after date. with
Interest
TERMS or SALE-one-thira OF
the purchase money. or as much more
as the purchaser may elect to pay in
cash ia hand ON The day OF sale. and
the residue IN two equal installments.
payable respectively in one and two
months from the day OF ealo with in
terest, the purchaser giving his a1eEo-
table promiSsory notes Tor the de-
ferred payments. the legal tides being
as further security until all
tho purchase money shalt have been
paid.
=. H. ROBINSON. Trustee.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
ORnRR OF PuBLIGATION.

State of West Virginia.
At Rules held in the Office of the
Clerk of che Circuit Court OF Harri-
son County, on Monday. the 4th day
OF August, 1913, the following order
was entered:
Lucretia B. Moore, Plaintiff,
vs.. In Chancery.
Joseph E. Moore, Defendant.
Object Of Suit.
The object of this suit is to secure
decree dissoIYing the bonds Of mat
,rimony existing between the plaintiff
and the defendant, and granting the
plaintiff divorce from the defendant.
And 1t appearing from an AFFIDAVIT
fled in said suit that the said Joseph
e. Moore is a nonresident Of this
State, 1t is ordered he do appear with
in one month from the date OF the
first publication of this order and do
what is necessary to protect his inter
ests herein. -
Given under my hand this the 4th
day of August, 1913.
l. WADE CoFF'MAN, Clerk.
WILL E. MORRIS,
Counsel for Plaintiff.
Notice to Take Dispositions.
Lucretia B. Moore, Plaintiff
VS.. In Chancery.
JOSEPH lie GhOOGCe OCASAANS%AASs
In the Circuit Court of Harrison
County, West Virginia
To Joseph e. Moore:
Take notice, that the deposition OF
Lucretia B Moore and sundry other
witnesses, will be taken at the law
office of Will E. Morris, at rooms 221-
222, in the Goff Building, corner Main
and Court Streets in the City of
Clarksburg, County Of Harrison, State
of West Virginia, on the 18th day OF
September, 1913, between the hours
of 10 o'clock A. M. and 10 O'Clock p.
NJ, to be read in evidence on the hear
ng of the above styled cause, in be-
half of the said Lncretia B. Moore.
If from any cause the taking Of the
same shall not be commenced, or, be-
ng commenced, shall not be complet-
ed on that day, the taking of the same
will be adjourned from time to time
until they are completed.
LUCRETIA B. MOORE,
BY Counsel.
WILL E. MORRIS,
Counsel for the Plaintiff.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
PUBLIC SALE OF LOTS AMI
HOUSES NEAR LINDEN AVE-
NUE., CLARKSBURG, WEST
VIRGINIA.

In pursuance of an order duly made
and entered by the Board of Educa-
ton of Clarksburg School District, at
a meeting held on August z, 1913, the
Board of Education of Clarksburg
School DISTRICT Hereinafter called
said Board) will offer for sale, at pub
lie auction, on the terms hereinafter
mentioned, at the front door of the
court house of Harrison County, West
Virginia, on the 9Th day Of September
1918, at the hour of two o'clock in the
afternoon. of said day, the following
described lots Of land and houses, to-
wit:
i. Three (3) lots of land fronting
on Terra Gotta Street, in said City
of .Clarksburg, each Iot being fifty
(5O) feet in width, and each lot
being sixty-eight (6Sl feet deep, said
lots being subdivisions Of the rear
slxty-eight (68) feet of lots Nos. 80,
3S and 81 of Jackson's Second Addi-
ton to said City of Clarksburg, and
being the rear siXty-eight (6S) feet
of the lots which were conveyed to
said Board by Thomas Feeney and
wife, and Bridget Callahan. Said lots
for the purpose OF sale, will be desig-
mated as lots Nos. /, 2 and 3; No. be-
ing the lot lying farthest north.
2. Two (2) dwelling houses located
on the front part of said lots Nos. 80
and "a. The said dwelling house on
said lot No. 80 faces Linden Avenue
and is the dwelling house in which
Thomas Feeney recently resided; the
dwelling house located on lot no. 81
fronts on said Linden Avenue, and is
the dwelling house in which Bridget
Callahan recently resided. These two
dwelling houses are to be sold as
houses, and a reasonable time, not to
exceed thirty days, will be given the
purchaser or purchasers in which to
remove the same from the lots on
which they now stand The purchaser
shall be required to bear all the costs
and expenses of the removal of these
two 90 dwelling houses
The said three go lots shall each
first be offered separately, and the
said dwelling houses shall each ne
offered sperately, and the said three
C3) lots and said two ~ dwelling
houses shall then be offered as
whole, and then, subject to the terms
hereinafter specified, the same shall
be struck off as whole or separately
to the highest bidder or bidders and IN
such manner as to realize the most
favorable price to said Board.
The sale shall he for cash upon the
day of sale, and the Board reserves
the right to adjourn such sale from
time to time, at the same place, ior
the purpose of securing a sale under
the most favorable circumstances ana
reserves the further right to reject
any or all bids therefor
The foregoing lots will be staked
off and designated by the numbers.
aforesaid, and said Board viii ald any Y
5ouses or to look at said lots. The
Office Of said Board Is Room No. 4Sl,
Empire Building, ~
BOARD or EDUCATION OF
CIARSSBURG SCHOOL DISTRICT.
BY w. u. OSBORN,
Its President.
BY JAMES \. HESS,
Ifs Secretary.
The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1913-08-21
SIrMMnNS.

STATE OF WEST VIRGINIA,
To the Sherin Of Harrison County,
Greeting:
You are hereby commanded to sums
mon Joseph E. Moore to appear before
the Judge of our Circuit Court of Har-
rison County at the Clerks Office of
our said Court, at rules to be held
therein for said Court. on the last
Monday in August next, to answer a
bill in Chancery exhibited against
him in our said Court by Lucretia B.
Moore and have then there this writ.
Witness, 1. Wade Coffman, Clerk of
our said, Court. at. the Court House of
the said county, this 31st day Of July,
1913, and in the 51st year of the state.
l. WADE COLEMAN, Clerk.