Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-29

state was allowed to show IN circlm.,
stances Of their coins. that they left)
the train at B1rmingham before Geach-l
Ing the regular station, that one o1 Tho.
parties registered Ct Q hotel under N.
assumed name. that the othse failel 70
register at ALL that they eAMole0 an0)
spent money In 0irsninghan. neds onl
the top Of . sleeping car durine partI 81
theif trip, and other unusual cl1cugn-i
stances. for the purpose OF showingA
that they were fuGitives from 5uselo1. ..
On the other hand defendant attempt
Cd to introduce in evidence, Dostel)
RI to his mother, bearing his naane or
initials and giving his whereabouts, ss)
tending to show that there was no conf
cealment on his part. The trial judge,
admitted the cards In evidence for the,
purpose Of showing the fact Of aefen1-ss
ants writing to his mother, but e1clud-,
ed the contents Of the cards from thel
jury. This 10 held by the supreme cousti
TO be reversible error. The court aay9A
Regardless Of the question - to-
whether IL wo0dl have been Q violation
by the postal authos1deS Of the laws
or regulations Of the po9toRice depart,
ment to have read those postal caf1S}
or not. tho postal cards weRe open and
defendant must have known when BE-.
mailed those postal cards that thsy..
could be read BY any pesson In the em-)
ploy Of the United etstss government
or by any other person into 1hooa\
hands they might fall before thsy>
reached his mother. $50 On tho aues-,
ton al to whether the defendant was . }
fugitive from justice. the contents Of,
the postal cards should have been ad-
mitted. They have q tendency, the
weight Of which was for tho jury, 10 \
give quality to the absence Of the de-j
PENDANT from Altoona, and also had Q,
tendency to show. the weight of which
was also for tho fury, that the absence,
Of defendant from Altoona was due 20
his desire for work rather than to htR.
desire to evade arrest"
RELEASE OF SUBSCRIPTION.
In the course Of the administration
OF the estate Of Mr.. John H. Converts.
OF Philadelphia. a claim was presented
based upon a subscription by deceasod
to the the endowment fund Of college,
to be paid when the entire amount Of
the endowment should b coverod b.
valid pledges or payments Il wao coA-
tended on the part Of persons intersGk-
in the estate that Mr. Converse's death
revoked tho sugscription, and that -
liability arose against hio estata. The
question Is passed upon by the Su-.
preme court OF Pennsylvania. IN Re
Converse's Estate, q Atlantic Ropoetoe.'
sls, ana the opinion Of the Judge ol@tho
Orphans Court. form which the app1ely
II taken. holding the subscSipGioni .
valid claim against the estate. 80 aAopt.
ed. In view Of the fact that the hol-'
ance OF the fund had not yet bsen sn-
tirely raised 1t the time Of Mr.. Con.
verses death. the court. in the hfst 1n- !,
stont, directed the accountants 70 re- .
tain $4,000 pending the acquisition iof
the balance Of the fund within rea-
sonabls time. or until further oe1se by,
the auditing Judge. In event that the
project should fail About six unoAths
later It was shown that more than
$4,000 had been paid to the peopsr
college authorities. ana that $500 In
pledges. considered good. was still OUT !,
standing, and the court then dirscted !
that the decedent's subscription should
be paid out Of the funds Of his estate.
IN RE ENGAGEMENT RING.
Cupid weeps. for, verify. this II
harsh world. Science u disputint the.
Master Bowman's sovereignty with eu-
genics. and what not Now even tho
sordid law, In Pollock Y. Simon. 205
Federal Reporter. 110S. solemnly de-
cides that His Majesty's most sacCed)
seal. the engagement ring ID subject
to the rules OF bankruptcy. Sarah
Simon was given q diamond ring vai-
ued at $3.50 In January. 1919. About
three months later the doner went into
voluntary Bankruptcy. The trustee In
bankruptcy now brings this action tore
cover the ring or it, value. The court
says: 1.-THE occasion was the M
nouncement Of his 1.-THE bankrnpt.s1
engagement to marry the defendant,
and there was nothing unusual about
the fact that the gift was made or (con-
sidering the social position Of the part
les and the supposed financial con-
dition Of the bankrput) about the cost
Of the ring. The defendant rave no
consideration: the usual reciprocal
promise to marry had previously been
exchanged. and the transaction Vas
therefore voluntary, . Being insoly--,
emf, TIE law denied h!.:s 1.-THE hAnkrnptl
the right within four months OF hts
bankruptcy to take the $3.50 Of what
was practically the money Of his cre-
ditors ana make q present OF 1t to the
defendant. No one would contend
that he could make such use OF act
ual cash, however innocent the stafe
Of his mind might be: and the prtnki-
pie is the same, even II the money AZ
sumo the shape Of an engagement ring.
The actual result Of what he did Is the
important test. and the actual result
has been that the defendant 10 now en-S
3oying the possession Of money tor
moneys WORTHY that was charged
with . trust in favor Of the bankrupt's
creditors. 80 In view Of the customss
that commonly govern the conduct sof
betrothed persons. there IL some senti-
mental hardships about the conciusion;
but the legal principles referred to seem
to free the question from doubt. Attef
all, q man must be just before heris
generous: he should be generous with
his own money. and not with the mon
ey OF his creditors" The defendant
was ordered to deliver the ring ossats
value.
MoohllSosG u.
The light Of the moon 10 the 49,
non rev neon % fall 0ooo. 80 -
dark Of the moon II from full moon -
new moon, q thU1ghs1t ~, waaing
aa1AsaA 80 ..ass ~ 1919. - > s5as ~