davidaulloa/AmericanStories huggingface dataset:
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
NEW TRIAL GIVEN
DANIEL R. JONES

Daniel R. Jones, convicted cashier
charge of embezzling $1,000 and sen.
fenced to serve an indeterminate SEN
tence of from one to IA years in the
state penitentiary, will be given a
new trial, for the supreme court of
this state in an opinion handed down
Saturday night reverses Judge J. M.
Stevens of the district court for Bing-
ham county, holding that it was and
is reversible error for him to deny
Jones motion for a new trial which
the court holds should be granted.
The court of last resort in this state
also holds that the record in the Jones
case shows clearly and conclusively
that the check was in due course re-
ceived by the bank and entry thereof
as a charge against Jones was made
in the books of the bank; that the
bank accepted the course of Jones in
his action from the time of the issu-
in, of the check until the case came
on for trial; that the record and the
evidence are not sufficient to sup
rort the verdict and findings of the
jury that Jones was guilty of embez-
element; that the judgment should be
set aside because of this; that the
trial court erred in denying the mo-
tion for new trial.
Jones Drew $1,000 Check
1t was charged by the state of
Idaho as plaintiff in the criminal ac-
ton against Jones that on April II,
1911, while cashier of the Blackfoot
State bank, he drew check on that
bank for $1,000 and cashed it while an
officer of the banking institution,
"wilfully, unlawfully, feloniously and
fraudulently embezzle, convert and ap-
propriate' this, the property of the
bank to a ''use and purpose not in
the due and lawful execution of his
trust as said agent and banker to-
wit, to his own use."
On Dec. II, 1910, Jones sent his
personal check for $1,000 drawn on
the Blackfoot State bank, to Will
Varley at Nampa, according to the
evidence. The check was paid by
the Bank of Nampa and sent to Salt
Lake, where it cleared and came into
the hands Of the Utah National bank,
which remitted the check with others
to the Blackfoot State bank on Dec.
q. 1910. The check was last seen
by Jones on the afternoon of Dec.
q, 1910. The check was never
charged to his account and the Black
foot State bank never received credit
for the amount to offset the debit
on the books of the bank; the defend
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
NOT GUILTY

The jury in the case of Mrs. Cert.
rude Batway, accused Of the illegal
practice of medicine, last Saturday
afternoon brought in verdict Of not
guilty. The jury were instructed by
the Judge that as a midwife Mrs. Bat.
way had a legal right to practice
medicine to a certain extent, and the
jury finding that she did not exceed
her authority in the case at bar, they
agreed to exonerate her Of the charge
of practicing medicine without Ii.
cense.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
Plackfoot Boy
Seriously Hurt

Wayne Brawley, son Of Mr.. and
krs. G. L. Brawley, who is working
"a the railroad shops at Pocatello,
hile leaving the shops Tuesday. Feb.
~, was struck on the head by some
unknown party, receiving very bad
Fracture of the skull. He was taken
10 the hospital. where he was operated
|on and had two pieces Of bone 1 inch
long and 1-2 inch wide removed. His
Smother was sent for and left i'm
(Inediately for her sons bedside The
Following account Of the unfortunate
assault is taken from the Pocatello
Tribune Of the 25th inst
Dangerously hurt, Wayne Brawley.
a young man about seventeen years
old, lies in the general hospital with
a bad wound on the side 'of his head.
The young man is the victim Of a
couple of footpads who attacked him
last evening. when he was near the
Short Line ice house. He was cross
ing the tracks. when two individuals
stepped from behind a car, and he
was struck across the right side Of
his head, and nearly knocked uncon-
scious. He managed to get home all
right, and later one side Of his body
became numb and a sort of paralysis
prevailed, though there was little to
indicate the nature of his wound. He
was taken to the hospital. and this
morning three surgeons performed an
operation, removing several particles
Of bone, where the skull had been
shattered above his right ear. A large
clot Of blood was pressing on the
brain. which produced temporary par
alysis.
Robbery was thought to be the mo-
tive, as several suspicious characters
have been hanging around the city
for a week or more, and half dozen
holdups have occurred.
Thugs seem to be operating through
out this territory, and the petty hold
ups that have been pulled off through
the southern part of the state con.
meet with the same gang.
The young man is getting along
very nicely at this time, though the
injury was q bad one.
D. H. Biethan is in the East
hr,v;rn
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

POSTPONED

There was no meeting Of the county
commissioners last Tuesday, as Com
missioner Fackrell was the only mem.
Der Of the board who reported.
The business of the proposed meet
ing was in relation TO the forming O1
an independent school district In
Aberdeen, but on request Of the rep
resentatives Of the new district there
was nothing done by the board iI
this regard.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
BOUND OVER

Sam Ireland and Jess Hembree, who
were arrested last Thursday and
charged with being the parties who
stole the confiscated whiskey from
the courthouse, had hearing in the
probate court this week end were
bound over to the district court on q
charge of burglary. Being unable to
give $1,000 bonds for their appearance
when wanted for trial, they were re.
manded to the custody of the sheriff.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
STRICTLY MASCULINE

The Mems Brotherhood Of the M.
E. Church will serve a dinner at tho
WI. s. rooms Saturday, the 28th,
from till 8 p. m. Price 35c. This
dinner win be by the men only, men
cooks, men walters, men dish wash.
ers. Plenty to eat, and prepared and
served as father used to serve it,"
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
MARKETABLE TROUT

The product Of the Springfield trout
hatchery was on sale last week by
Miller & Stone at 4Oc per pound.
They average between three and five
inches long, and are said to be very
palatable. There is said to be q
good demand for these artificially
raised trout in Montana, where low
ers Of trout are willing to pay the
price
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

The championship game Of basket
ball for Southern Idaho, between the
Weiser and Mountain Home teams
will be played at Weiser tomorrow
A week from Friday the Blackfoot
team will play the winning team fol
the championship of Idaho.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
NOTICE TO PROSPECTIVE BIDDER

II you are in the market for horses
OF any kind or for COWS, wait for the
big auction sale on March 4th, 1914,
at the Bitton ranch.
Terms will be 10 months time at
g per cent interest on approved Sc
curity; S per cent discount for cash.
See ad on another page for full
particulars.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
Bingham County Fair
To Be Given March Sc

charge. Rehearsals have been we'll
and enthusiastically attended, SO that
there is not a doubt but this will be
the best amateur show ever pulled
off in Blackfoot.
Rehearsals take place every after
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

ant arbitrarily gave the Utah Ma
tional bank credit for $1,000. it il A.
legged and increased the loans and dis
counts of the Blackfoot State bank
by similar alleged fictitious amount.
Jones Had Right to Explain
Jones said at the trial he did not
have the check in his possession and
that he never had it, He admitted
his liability to the bank for the
amount of $1,000 and according to tho
opinion made no attempt conceal.
ment with reference to the check
or his obligation
After reciting numerous authorities
the court says:
"Under these authorities it is clear
in this case that it was error in the
trial court to prevent the defendant
from explaining any and all acts by
him done with reference to the check
in question, and the refusal of the
court to allow him to further testify
was CllOl dSulIiol thS
rights of the defendant, for which the
, case should be reversed,
The appeal in this case is from
the denial of the motion for a new
trial, and the trial court, under this
opinion, clearly committed an error
in denying the motion for new
tvin n,,I ,sr1 20
should be granted"
Court is Divided
The majority opinion is written by
Justice Stewart and is concurred in
by Justice Sullivan. Chief Justice
Ailshie dissents as follows:
1T seems to me that the facts Of
this case bring it clearly within the
principle of law followed and adopted
by this court in State versus Sage, %
Idaho, 489, and l have no doubt but
that the trial court and jury were
governed by the rule applied in that
case This court unanimously affirme
the judgment of conviction in the
Sage case and held it to be a case
of embezzlement, and l fail to. see
any difference either in principle or
the effect of the acts committed in
this case. / dissent from the views
expressed by the majority and be-
lieve it is our duty to affirm the
judgment Capital News.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
SALE OF THoRoucHeREos

II you are in need of Standard
Bred Draft Horse or Roadster. don't
fail to attend tho sale of John Bit
ton, which takes place at Riverside.
Idaho, March 4th, when the best stock
ever sold at public auction will be Of
fered at a sacrifice.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
RAILROAD OFF,
GALS IN TOWN

E. c. Manson, general superinten-
dent Of the Oregon Short Line rail
road. made Blackfoot a short official
visit yesterday, inspecting our new
depot and consulting Agent Young
Carl Stradley and c. e. Brooks, Off.
cials of the Montana division, &C.
cOmpanied him.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26
CANAL CO. LOSES

Last Wednesday in the District
Court Of Bingham county. A. c. Quigg
of Shelley, recovered a Judgment Of
$1,000 against the Idaho Canal Co.
for failure to deliver water in the
year 1912. Mr.. Quigg was represented
ty Hansbrough & Gagon, and the
canal company by Holden & Holden.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

The home talent musical comedy
to be produced by the X. Of P. lodge
of Blackfoot, under the direction Of
Anna Sara Book, who recently coacht
the same 'production most successfully
at 'Pocatello, is progressing beyond
the expectation of the committee in
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

O. s. Snyder, the tonsorial artist,
Of the Main street barber shop, has
not moved to Ogden, as stated in the
Arco Advertiser, but is yet at the
same old place.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

Jesse r. Hembree and Roda Pearl
France, both of Blackfoot, were mar
ried last Thursday afternoon at Po-
catello by Judge Bulge.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

AS the State has no new testimony
to produce against D. r. Jones, there
will probably be no new trial. and
he will be given his freedom.
The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1914-02-26

d. H. Biethan is in the East
buying goods.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17
Mystery Cleared Up.

She walked in and banged hulk Of
yellow substance on the counter.
"This," she announced sarcastically,
''is the soap that does the washin' it
self. It's the soap that makes washin'
a pleasure; it's the soap that
That amt soap, ma'am," inter
rupted the grocer, as he took the
substance in hand and examined it.
''Your little gil was here yesterday
for half a pound Of cheese aGd haif
a pound of soap. That's the cheese" ="
''The cheese!" exclaimed the wo-
man. "Then that accounts for the
other thing"
what other thing"
why, I lay awake the whole night
wondering what made the Welsh rab-
bit we had taste so queer."-Pitts-
burgh Chronicle-Telegraph.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

The appropriation bill as introduced
by the ways and means committee of
he house calls for a big amount, and
+ it passes without being cut mater
ally a levy of seven mills and more
will be necessary. 1t is easy to criti-
cize the legislature, and there is a
great deal of criticism of most public
officials whiCn is not warranted, but
The legislature should scrutinize very
closely the items in this big appropria-
sion bill.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

TIE opponents of the aortner bill,
which is now before the senate, urge
that it means, if it means anything,
that the negroes in South Carolina
shall be held in ignorance so far as
is possible" There are some things
which the neg o should not learn, and
some things which 1e should learn.
In our judgment, the provision in the
Fort2er bill prohibiting the teaching
of white people in negro school, is
not molly in the interest Of the white
people of this State, but very largely
in the interest Of the negro. Some
times white men who most loudly
proclaim friendship for the negro are
the negro's worst enemies, in reality
and in effect.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17
mary.

1t seems probable now, according
. dispatches from Columbia, that the
general assembly will not conclude
IS session before the end of next
week. There are a few measures upon
.@hich the legislature should take
action before adjournment, but most
of those which are being urged had
3est be left alone.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

The Fortner bill to prohibit white
people from taching in negro schools,
which has passed the house and is now
before the senate, is receiving a great
deal of attention in the newspapers,
and great many newspaper articles
are being published strongly condemn
ing the bill. We didn't know there
were so many white people in this
State teaching in negro schools as
these articles seem to indicate. To
our mind they show, the Importance
of passing some sucn measure as the
Former bill.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

We are glad to note that the drag
IS being used on the streets of Ben
netts7iIle after the recent big rains.
There is no better way to keep roads
m fine condition than dragging them
when they are wet-Pee Dee Advo-
cate.
This is very trpe. The drag is good
FOR streets as we'll as roads. cit could
oe used 70 great advantage on the
Streets of Newberry and on many of
Ehe roads Of the county.
Try It after the sleet melts and the
roads are sufficiently dry. The drag
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

&c. That VII ae th2 rura! schcol
az OF tic futUro and ii could be
started now in a great many commun-
ties in this county if it were not for
the contraction Of vision Of so many
Of our people They need broaden
ing of the vision. That must be the
first work.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

When Governor Blease and the
members of the legislature went 70
Charleston on Wednesday of lsat
week, the chief executive Of South
Carolina vas officially the guest of the
chief executive of Charleston, and we
are We Y glad that at the dinner over
which Mayor Grace presided and at
which Governor B2ease spoke, that
.hese two officials buried their per
onaI differences.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17
CONSOLIDATION OF OUR RURAL
SCHOOLS.

If the people Of this county want to
get the best returns on their invest
meat in schools, they will certainly
have 10 move in the direction of con-
soIidation of weak districts and the
building of la, ge school houses, ad-
nittiug OF more grades and better or
ganization of the teaching force. Far
better this, though it requires the pro-
vision of transportation for distant
pupils, than to struggle along with
small schools, poorly equipped and
compelling a dispersion Of the teach
ers' time and energy among three or
four distinct grades Of pupils. In 9TH
er States and in other parts OF this
State school consolidation is going for
ward rapidly. and wherever tried there
is but one opinion, viz, that this plan
is far superior to the former system.
AS we get better roads the Difficult
ties are lessened, too, and by all
means let Spartanburg county forge
steadily ahead improving her roads
and her schools. There can be no
more sure guarantee of future prog
ress and prosperity than steady i'm
provement in these two local matters.
-Spartanburg Journal.
You are entirely correct. There are
no two more important questions be-
fore the people today than the i'm
pro- cement Of the public roads and the
rural schools. In fact, it might be
stated as beynd the fear of successful
contradiction that the success and the
growth and the development of any
section of this State reyolves around
the improvement of>our public nigh
ways and the betterment of our rural
schools.
At one time we strongly advocated
consolidation of country schools and
the transportation of children where
it was necessary, but more thorough
study of rural conditions convinced
US that in any community where you
had an enrolment of SO children and
could get the community to vote a
four mill tax it was best to establish
rural graded school with two teach
ers and get State aid and build up
there rural community centre. At
ter you lay the foundation for good
school and rural community centre
in this way it seldom happens that the
number of children will decrease.
We would like to have in this con-
nection some 10 or Is or 20 acres OF
land so that the school could have
some practical work in agriculture and
be a help to the support of the teach
er. A teachers home should be part
Of the scheme so that he would be-
come a part Of the community life and
instead of being there only during the
school term he and his family would be
inte~ ~ested in the uplift of the COM
munity and part of\the community
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

1t is hardly likely that any of the
primary reform bills will get
through. Reference to the statute laws
will show that We now have very
,tringent laws to safeguard the pri-
mary.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

When we read about some Of the
weather and some of the happenings
.aey have in other sections Of the
country. we should appreciate the
Southland more.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17
Outshining.
Judge.

JuuSS
Crabshaw-You always told me you
hated motor cars. Now, why in the
world do you insist on one?
Mrs. ~abshaw-That woman next
door asked her husband for one, ard
he said they couldn't afford it.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17
Tuesday, February II, 1914.

We are glad to note that Represen-
~ative Wyche's condition is reported
IS improved.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

is not good when the roads are TOO Wet
CT muddy.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

For Weakness and Loss of Appetite
The Old Standard general Strengthening tonic
GROVES TASTELESS chill TONIC, drives ou,
Malaria and builds up the system. a true tonic
and sure Appetizer. For ADULTS and children. SOC
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

The Rev. Z. E. Cronk delivered a
strong address Wednesday morning
in chapel in behalf of the laymen's
missionary convention and it was mis-
hopes that sufficient number of stu
dents would go down Thursday as to
eQl lues9IdeI U:M Uom lQ8!4 'iep
-HoQ g Su!A!S oS9Uoo eQl elel!ss90eu
pc IeA!;9p II!M Annoy 9Ql 70 IedeAos
pup uo!ss9s oJpuo eQl su!Inp e59Hoo
dresse during the meeting.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17
COLLEGE NOTES.

@ 8 q 9 8 8 9 q 9 9 @ g @ 9 o q g
The next game of basketball on the
local court Will be played Tuesday
night, February II, wneA t<e Indians
tackle the strong Carolina aggrega-
ton A great deal Of interest is being
manifested in this game and it is mop
ed that a large crowd will turn out.
The game will start promptly at $50
o'clock.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

Tuesday, Tc5rUarv Il, 1914.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

The Newberry Indians were decis-
lively defeated Friday night by the Y.
NJ. c. 4. in Columbia, SO to I. The
locals were off in their playing, how
ever, the Iargeness of the score was
surprising as the Y. NJ. C. A. was re-
ceatly defeated at Newberry 81 to q.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

Final arrangements are being made
for the entertainment Of the delegates
to the Students Vo,untee" convention
which will convene at the college on
February 1922. About $50 delegates
are expected as representatives from
the various colleges in the State.
Dr. ]. H. Harms returned Saturday
night from all extended trip up north
in the interest of the college.
Mr.. D. F. Barber has resigned the
captaipsh:p of tne Phrenakosmian de-
batting team and will be succeeded by
M. H. E. Isenhour, of Concord, n. C.
About % or 80 candidates respond
ed to the first call for baseball ma
terial issued Wednesday morning. 1t
is the intention of Coach Thomas to
start practice as soon as the weather
permits
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1914-02-17

9 9 9 g 9 9 g g q g 3 9 g. ="
Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-01-08
GETTING WINTER EGGS.

With the price of eggs so high 1t
stands us in hand to plan our manage
ment so that the flock will do its best
for the next few months. It is sur
prising what good care and intelligent
feeding will do in producing winter
eggs and on the other hand no branch
Of farming will show quicker losses
than poor feeding and management
of the winter layers. -"
Winter layers must have COM
Portable house, plenty Of room, plents,
Of sunlight and ample ventilation. Too
much care cannot be given to provid-
ing good ventilation. Cold draughts
will check the egg production and
prove detrimental to the health Of the
flock
With a good, clean and dry house
and plenty Of egg-making foods we
will get eggs. On farms where we
can feed a variety Of grain foods and
a mash, once a day, composed of cut
clover or alfalfa, steamed and mixed
with bran, corn meal and green cut
bone, egg production Is simple mat
ter. Feed tempting variety Of grain
foods, green foods and meat foods.
keep pure water before them and
keep the floors so clean that any part
may be used for a scratching floor
and you can rest assured that you
have done your part toward securing
winter eggs.