davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
MOTION SUSTAINED.
New Trial in Case of Rich VS.. East
port Is Ordered.

The following rescript, in which the
motion for new trial is sustained in
the case of Harriet Rich against the
City Of Eastport, has been handed
Down by CHIEF Justice Albert K. Saw
age. the case being Washington
COUNT case:
The notice in writing of injuries re-
eeived by reason Of defect in high
way which r. s. Chap. %, Sec. IS. re-
quifes To- be given to one of the mu-
nicipai officers as Il prerequisite to the
right to maintain an action for dam
ages against the town for such injuries
is fatally defective either if it contains
no ella i'm for damages or if it does not
specify the nature OF the injuries. The
municipal officers have no authority to
waive such notice in writing and the
fact that the municipal officers know
all that a perfect notice can show them
is imrnateriai.
.'It is found by the court that the de-
PENDANT in this case used due diligence
before the trial in endeayering to dis
cover the existence and whereabouts
of the original statutory notice given
by the plaintiff as required by Il. $.
Chap %, Sec. IS. but was unable to do
so and that it was afterwards dscoV-
cred casually by the officer to whom
1t had been given at first.
1T is held that the discovery of the
existence of the notice after the trial
made it newly disc overed evidence and
within the meaning of the law.
"Motion for new trial on ground of
newly discovered evidence sustained.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05

tiops of any given day of that life will
determine fate in a degree which Is
only limited by ones will to resist It's
influence.
Planetary forces in their interaction
exert "a peculiar Influence over the
mind of man. thus aFecting the de-
termination of his will. and predispos-
ing him toward certain definite lines of
conduct which react upon the condi-
tions of his environment, and so affect
his progress whether for good or i'll.
so you see that while innate tenden-
CHESS are recognized as controlling. it is
admitted that they may be modified.
There ire always possible these two
courses. the individual may add inten
sity to planetary influences by work
ing in the direction indicated, or he may
diminish them by opposing effort. With
In certain, limitations, then. man GER
tainiyf Isl sself-drecting.'.
Miss Adams picked UP one of the
many volumes of Raphaefs Ephemeris
showing the position of the planets
ever since 1900 She glanced at 1t
moment, and continued.
Nov as to the indications for the
individual during the remainder of the
year. People born between the oath and
20 of May, the 26th and goth of Sep
tember and the 18th and Goth of Mo-
yember, of past years. VII come more
or less under the bcnefie Influence OF
the planet Uranus.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
Two Dead; 2 Injured
In Auto Accident.

Dedham. Mass, July 1.-Two men
were killed. TIVE other are dying and
two others were injured. tonight. in
the overturning of an automobile at
Tracy Square East Dedham, after a
tire had blown off. The dead are:
George B. Daley, % years, a vaude-
vile actor John p. Delaney, DO. man
ager of local pool room.
Both, together with the injured men.
were residents of this town. Walter
Green, eoiored the chauffeur. sustain
ed a fractured skull and internal in
jures. Physicians who sent him
to Massachusetts General hospita
said he had but little chance to live,
Somewhat more hope was held out
for Daniel j. Mahoney, "A railroad
trainman, whose chest was badly in
iured and who suffered several
hemorrhages.
OF the two other men who were in
jured. John J. O'Connell. who was
sitting with the men who were killed,
said afterward that he thought it was
because his artificial leg wedged him
in his seat that he escaped death.
While crowd gathered about the
scene two other automobiles came to-
gether 50 yards away. escaping with
to this, only to hurry away again q
moment later when d fire broke out
nearby.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
EFFECTIVE IMMEDIATELY.
The New Tariff Law So Planned, Elk
cept with Sugar and Wool.


Washington, July 4.--Majority mem
bers of tne Senate finance committee
today, decided that all schedules of the
new tariff bill. except sugar and wool
should become effective Immediately
after the enactment of the mea sure in
to law.
Sugar with the approval Of the Dem
ocratie caucus will be subject to the
Payne Aldrich rates until March |
1914. The committee tenta lively agreed
upon Il date for the wool schedule. but
did not announce it, because of a prom
Use to confer with Senators Walsh and
Thomas. who could not he reached
today. The committee will confer with
them. tomorrow, before the final SEES
sion of the caucus.
Additional revenue was provided for by
the committee when it decided, in view
of the revenue tax on brandies used IN
fortifying sweet wines. to levy revenue
tax of % per cent ad valofem on what
are known as spurious wines, wines
made from pummis and fortified with
chemicals: containers of such wines must
bear q label. showing what materials en-
ter into the products.
lust how much revenue will be derived
from this, the committee could not esti-
mate.
Another change proposed relates to the
clause prohibiting importation of convict
made goods 1t was amended so as tc
read that such goods be excluded IRON
countries which do not prohibit eohfic'
labor. Originally the clause read IRON
countries which did not restrict con
Wet labor.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05

q challenge to Bill Fleming of Old
Town through the Bangor News re-
Gently, visited the News office, Thurs
day night, to say that he had come
down from Boston ready to prove his
ability to make it warm for Fleming
lin six rounds. You can say" said
Miller, that / meant business when
challenged Fleming ! am not u
novice in the ring and if | did not
think | could give the Old Town boy
a rafting good bout | would not be
in Maine trying to butt into his game
| have fought draws with Young
Riley and Young Cushman of New
York, recently, and eight weeks ago
Knocked out Kid Lamsey of New
York in the third round. These
bouts an took place in New York.
and | have held my own, and better,
with good boxers in New England.
Now that ] am right here in Bangor
do not see why Fleming should not
at least answer my challenge"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
GARDINER,
Tho Fourth in The City Is
Passed Very Quietly.
Miss Ethel N. Blair Is Run In
10 by uio--Severe|y Injured.
MsHymssilNg Club Pleasantly En-.
tsriained BY Miss Barker.

Gardiner celebrated the Fourth in
an unusually quiet manner The night
of the third was somewhat noisy on
the street but the crowd was very
orderly and not an arrest was made.
The Islander was loaded to her ca
pacity on her trip down river. and at
least four timid ones reconSidered
their decision to go, at the last mo-
ment. on account of the crowd. The
L., A. x w. did land office bust
ness on account of the attractions of
Tacoma Lakes and Island Park. The
trains of the NJ. c. r. r. did not do
a large business from Gardiner in
either arrivals and departures. The
only attraction of the city was the
Trolley League game at Quimby field,
In the morning. which was certainly
worth while, Gardiner winning / to 0,
In 1o-nning game. The field was
probably the hottest place in Gardi-
ner and the thermometer lowered
around 80. The city, during the day.
was unusually quiet, most of those
remaining in the city preferring to
stay at home to getting about town.
Very little vandalism in the destruc-
ton of property was reported
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
FAIRFIELD.

The regular services will be held at
the Methodist church, Sunday. with
preaching service at 1870. sermon by
the pastor. Rev. c. o. Perry, Sunday
school dt u. Epworth League meeting,
at 80. Tuesday evening. Prayer meet
ing, at 30, Friday evening
An alarm was sounded from Box %,
about 4.30 p. M. Friday, calleg out the
local firemen and a large number OF
the hfemen went TO Waterville to as
sist the Waterville firemen in the fire
on Main street. The Fairfield steamer
WAS lso taken to Waterville.
Mr.. and Mrs. George Richardson and
Mr.. and Mrs. G. 3. Rollins are passing
a few days at China lake.
Mrs. F. l.. Tozier and daughters are
passing a few days with Mr.. and Mrs.
F. p. Pennell in Skowhegan.
Harvey Doe of China is visiting here
for a few days
Thu services will be held at the Bap-
fist church. Sunday. with preaching
service at 1890, sermon by the pastor.
Rev. J. L. Clarke; Sunday school at
II. Regular weekly prayer meeting,
Thursday evening.
Elwood Howe of Somerville, Mass.
IS Visiting MS parents, MI anu NILE
Fred Howe.
Mrs. Belle Flower of Somerville is
passing n few days at the home of her
sister. Mrs. G.. c. Small.
Master Rodney Wyman of Vassal-
boro Is visiting his sister. Miss Caro-
lvn Wyman, at the home of Mr.. and
Mrs. w. II. Totman.
Miss Sadie Williams of Fairfield
Center is visiting Mrs. f. b. Hinckiey.
Mr.. and Mrs. George Pratt and chill
dren passed Friday with relatives in
Clinton.
Rev and Mrs. C. o. Perry and two
daughters passed Friday with friends
at Lakeside,
Albert Hatch of Oakland was in
town. Friday. with his family on Sill
vcr street.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
MEXICAN FLAG TRAMPLED.
Another Resrettable Incident Occurs
July 4, at Tucson, Ariz.

Tucson, Ariz.. July 4.-The flag fly
ing above the Mexican consulate here
was torn down and trampled during
the Fourth of July celebration, today.
Reports of the incident vary, some
saying the act was committed by
Americans: others that the flag wis
desecrated by Mexican sympathizers
with the constitutional movement in
Sonora
Consul Ainslee. Mexican represent
tative here. was advised by the Tue
son officials to place a Emitted States
flag over the Mexican flag il he again
attempted to hoist the tri colors. Aims
lee insisted that he intended the
hosting Of the Mexican coors over
the consulate as compliment to
Americans ON their national holiday
He persisted in regarding the Incl
dent as International rather than pure
lly local.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
A FOOL suFFRAeETTE
Gets Part of What Is Due Her, After
Exhibition at Bristol, Eng.

Bristol, Eng, July Awhile the pro
cession was on its way to the Agricul-
tural shcw at which the King was to
ofiiciate, today a Suffragette darted
from the sidewalk and getting behind
the mounted escort reached the King S
carriage and dropped a scroll of paper
on His Majestys knees.
The equerry wheeled around. drew
bis sword and struck the woman a
light blow. The police then arrested
her. The crowd made a rush for the
SunraEetre the women in the crowd
showing great eagerness to maui her.
One of them struck her with an UNI
brella and another seized her by the
nair. The police drove OFF with their
prisoner in an automobile in order to
escape the mob.
After a short detention at the police
station. the woman was ielea sed. She
gave the name of Mary Richardson and
fcr address as the headquarters of the
Woman's Social and Political Union.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
Great Sport, the Fourth, at
Central Maine Park Attractions.

Several hundred journeyed to the
Central Main park, Friday afternoon
and evening, to enjoy the splendid
Fourth of July celebration given by
the Central Maine Fair Association.
Special cars laden with celebrants
went to the park all afternoon. "A
special car bearing the Watervilie
Military Band of Is pieces, which
played in the grandstand at frequent
intervals during the afternoon, left
the waiting room at / o'clock. A few
of the refreshment stands we're open.
and with dancing in the exhibition
hall with music furnished by Drew's
Orchestra, it seemed all the world
like Fair day. The horse races were
close and interesting and gave the
crowd lots of pleasure.
The 217 class had three entries.
Direct Braden by Brown Braden, Pr
ney Pointer by Joe Pointer and Ar
row Bell by Pilot Nelson. The other
two heats resulted the same with Di-
rect Braden first, and Arrow Bell sec
ond. The time for the other two
heats were 2.1sia and 2t9.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05

The 2.27 class was Extremely in
teresting and well raced. Hazel r,
driven by Southland. drew the pole,
with Teddy P. second. Charlie Again
third, Link Braden fourth and Darling
Bells fifth. The first heat resulted
in a close race with Hazel r first.
Charlie Again a near second, Link
Braden third and Darling Bells fourth.
The other two heats resulted the
same. with exception that Teddy p.
took fourth place and Darling Bells
fifth. The time: 2.241s; 226% and
2.261s.
In the four mile motorcycle race
between Burgess and Pomerleau, the
former won in the time of five min
utes and rs second. The 100-yard dash
was won by Walter McAlary in field
of a half a dozen or so contestants
Time. II seconds. Charles Dorrity of
Lewiston was the starter; Edward
Murphy. clerk of course; judges. w.
Williams of Waterville and Wallace
Jewell of Fairfield.
In an uninteresting game of ball.
Taconnet defeated the Pilgrims, 16
To -
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
VERDICT UPHELD.
New Trial Denied in Tibbetts-mur
phy Drug Case, Portland.

No little interest will be aroused by
the rescript handed from the law
court. Thursday. in the case of ELISHA
Tibbetts of Portland against Edward
w. Murphy and others as proprietors
of drug store. in an action TOT aa,i
ages for personal injuries alleged to
result from taking certain medicine
in which the plaintiff claimed mis-
take had been made in putting up al
the drug store of the defendants
where he had taken the physician
prescription.
The ease is we'll explained in the
following reseript:
Elisha Tibbetts, plaintiff. VS.. Ed
ward w. Murphy. ct al, defendants.
Per ctIrlam This is an action on
the case to recover damages alleged
by the plaintiff to have been sustain
ed byy him, by reason of the defend
ants. by their servant, having sold to
the plaintiff different kinds of drugs
from those ordered, which the plain
tiff alleges he took by the advice OF a
physician, believing them to be what
was ordered. and as a result of which
he suffered injuries.
The case WAS tried at the OCTOBER
term of the supreme judicial court at
Portland. and the verdict was for de-
PENDANTS. The plaintiff brings the case
to this court upon motion, and asks
that the verdict be set aside as against
law and evidence.
The defendants contend that there
was testimony given at the trial, when
If believed by the jury. authorized their
verdict, and that the testimony for the
plaintiff upon the question of damages
was go improbable that grave doubts
were raised as to the truth of the
PLAINTIFFS claim as to the purchase oil
the drug.
It will serve no useful purpose to
analyZe or attempt to reconcile the
claim for such apparently excessive
damages as are claimed by the plain
tiff or to discuss the testimony of the
defense. in it's attempt to prove by
medicai testimony that polsons are
harmless.
No question but of fact WAS invoiV-
ed in the trial and it is the opinion OF
the court that there was testimony IN
the case. which if believed by the jury.
authorized them to find Nerdlct lor
either plaintiff or defendant, and that
their finding i'll this case is hindlng up
on the court Motion overruled RecelV-
ed July g. 1918.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
Perry Centennial
AtPut InBay,O

Put In Bay, Ohio, July 4.-Swelter-
ing in temperature measured at
100 degrees in the shade, thousands
of persons, today, witnessed the open
ing of the Perry Centennial and the
laying of the cornerstone of the
Perry Victory monument which will
be erected on this island by the half
dozen or more states taking part In
the centennial
The big event of the opening day
was the laying of the cornerstone
of the one million dollars monument,
A procession measuring more than a
mile in length marched to the site
and listened to addresses by Col. Hem
ry Waterson of Louisville. KY. and
former Senator John NJ. Whitehead of
the Wisconsin commission. The ac-
tual cornerstone laying was performed
by the Grand Lodge of Ohio Masons
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05


Baptist church in all Sunday services
1890 morning worship with sermon by
Rev NJ. c. Miner: 1145, Sunday school;
z. evening social and song service led by
Rev. NJ. C. Miner. Wednesday evening
at 40 O'Clock. Y. p S. G. T.. meeting led
by Miss Elsie Dill. In the absence of Mr..
Pinkham, Mr. Miner will look after the
pastoral work of both parishes.
Christ church 9th Sunday after Trim
ity): Holy communion, 7.30 tSunday
schools and Girls Trinity Society; lit
any, sermon, holy communion, 1899: sun
day school. half-hour session, Il; evening
prayer at 5.
St Andrews. Pittston 9th Sunday after
Trinity: Evening prayer, sermon, l.
Grace Methodist Episcopal church,
Randolph Rev Douglas II. corley pas
tor: 945 A. M. choir rehearsal, 1870 A.
NJ. worship with sermon by the pastor
subject. THE Raising of Lazarus;' II 80
A. M, Sunday school and adult Bible
class; =. NJ, worship with song service
and sermon by the pastor. Wednesday
80 p. M, PRAYER meeting.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
English Champion
|Retains Tennis Title.

Wimbledon. Eng, July A. f.
Wilding of New Zealand. holder of the
title of all England singles lawn ten
mis- championship, since 1910, retained
the championship. today. by beating
Maurice e. Mclaughlin of San Fran
cisco, national lawn tennis champion
of the United States by three straight
sets Sc. 6-3. 1913.
Wilding played the greatest game
of his life. The match from start
to finish was of the heroic order, and
while the American made many brill
liant reeoyeries he proved hardly a
match for his older and more expert
enced opponent. He suffered, too.
somewhat from i'll luck and his SER
vice was not up to his best, being as
a rule much weaker than in the
matches he had played since his ar
rival in England. His first service
many times resulted in fault Wild
ing, on the other hand, was at the
top of his form, and in order to win
Mclaughlin would have had to play
his very best game. When the two
opponents faced each other at the
start of the match the great disparity
between them@ was at once evident
Wilding is a grown ad-shouldered
man. beside whom Mclaughlin looked
more like a boy. 43a*s s.
The New Zealander at first was
much worried by the Americans SER
vice. but as the match proceeded he
became more accustomed to it anG
standing exactly at the back of the
| line returned it with precision. The
| doubles championship was won by II
| Roper Barrett and c. +. Dixon OF
Great Britain, the title holder, who
beat Friedrich Wilhelm Rahe ant
| Heinrich Kleinschroth of Germany
the challengers, by three sets to one
o., ga. 4-6. 62
| The ladies doubles championship
was won by Mrs. McNair and Mis-
d. P. Boothby. who beat Mrs. Sterr,
/ and Mrs. Lambert Chamber. The lat
ter couple retired after the secont
set, owing to Mrs. Sterry straininl
| one of her limbs.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
Auto Runs into
Miss Ethel Blair,

Friends of Miss Ethel NJ. Blair OF
Farmingdale will regret to learn that
she was run into by an automobile
Thursday evening. in Depot square
and received severe bruises. AS she
stepped from the sidewalk to take the
electric car for home an auto came
across the bridge and knocked her
down. 1t is reported that no horn on
warning signal was sounded. She was
conveyed to her home and physician
summoned. She sustained bruises and
a severe shaking up, although no bones
were broken During the night she
was unconscious Tor several hours and
Friday. was reported as resting easier
Miss Blair has just recovered from ma
severe illness.
A bystander took the number of the
machine which is reported as 1868. The
driver of the machine did not stop to
ascertain the extent of her injuries
One Of. the occupants of the car was
recognized as a resident of Richmond
and il is believed that the owner is a
resident of that place.
This is the second accident that has
occurred here within week The city
officials have taken up the matter OF
lights en- the machines at night and
now seems to oe the time for move
for the enforcement of the law regard
ing the rate of speed. This should bt
done before asiife is sacrificed by some
driver affected with the speed mania.
The turn from Water street into
Maine avenue has been aptly termed
Somebody's graveyard" and but 1
few weeks ago a narrow escape from
serious accident was averted at this
corner The general public recognize
the rights Of automobiles to the streets
but in turn desires TO have its rights
recognized.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
MADISON.

Fourth of July was ushered in at
midnight by the blowing of whistles
and the ringing of church bells in
Madison. The small boy was out in
force. early in the evening. but after
midnight it was said to have been
the aIietest that it has been for a
number of years. The day passed
very quietly. a greater part of the
inha bitants going to the celebrations
at Skowhegan. West Mill, Scion or
Lakewood The only event of the day
was the annual picnic of the Free
Baptist Sunday school held in the
ingalls, Pines on the Arson side of the
river. No accidents have been re-
ported.
A meeting of those Interested in
the establishment of creamery was
held, Wednesday evening. in the An
son Town hall. The meeting was call
ed to order by Orlando Walker. First
came short speech by MIR. Adams.
assistant State dairy inspector. Aft
er considerable discussion it was vot-
ed to form a permanent organization,
and set of bylaws was adopted.
Later it was voted to rescind this
vote and elect a committee of five to
canvass and see how many would
take shares and bind themselves to
furnish all their marketable cream to
the creamery provided total of 400
cows are pledged. and 800 shares of
stock subscribed. 1t was then voted
to adjourn, until the second Wednes-
day in August. when it is planned to
"a
expected that Prof. Merrill of Orono
will be present and give an address.
Deputy Sheriff and Mrs. r. S. Nc
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05
THE CELEBRATION.
c;tv Has Usual Noise on Fourth-tx
cent the Fire, Little Excitement.

The booming of toy cannon ana
cannon crackers ushered IN VIA
proved to be not too NOISY -FOUR III
and, except the fire, not very exert
ing. The people were on the street
practically all the night of the third
and the early hours of the Fourth saw
many of the more enthusiastic ana
perchance the less sleeploving OF the
Younger folks celebrating with IRE
crackers and torpedoes. The ldeal
weather attracted many to autos ana
carriages. The boys and younger men
found the swimming holes cool and
refreshing. Practically everyone, rich
and poor, left aside the work day
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-07-05

The Merrymeeting Club was pleas.
antly entertained. Thursday afternoon
by Miss Beatrice Barker at her home
on Maine avenue. Dainty refreshments
were served and Miss Barker proved
herself to he a charming hostess Nexi
Thursday afternoon. the club will he
entertained by Mrs. Anna Moody, Bow
man street. Farmingdale. All members
are requested to be present as business
OF much Importance is to come before
the meeting.