davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1915-04-15
H. COLLINS MARyM DEAD.

Special to THE EVENING JOURNAL.
LAUREL, Del. April 15-H. Collins
Maryil, aged sixty years, nephew of
the late Governor Joshua Marvil, died
last night after an operation in the
Peninsula General Hospital, Salisbury,
where he was taken on Tuesday.
Evening journal., 1915-04-15
sTRANBRIDcE IL kIp.-

W1ldei Jrr. defeated ihe Chestnut
A. g.. IN = practice game ~ The
military ground yesterday afternoon
; tO Z The features ~ tho game
were the pitching of O'Tooie who did
not lei man walk. and tho batting
81 Kid Straw bridge. who in me sey-
enfh inning with the score tie hif q
fhree-bagEer over third and scored
lhe winning run.
Evening journal., 1915-04-15
:. The Journals" Automobile Page
ONLY A FAIR SIZED ORDER.

The purchasing department of the
Ford Motor Company recently made
sizable purchase of tires for Ford
cars. One can crowd quite a num-
Der of automobile tires into freight
car and 1877 carloads of tires make
a rather fair little order
Evening journal., 1915-04-15
TODAY'S BASEBALL Chances
National League.

Brooklyn at New York, part cloudy.
$50 D. m
Philadelphia at Boston, clear. p. m.
Pittsburgh at Cincinnati, clear, 3
.. m.
ST. Louis at Chicago. cloudy, 3 p. m.
American League.
Boston at Philadelphia, clear, $50
p. m
New York at Washington, clear, 3
D. m.
Cleveland at Detroit, clear. p m
Chicago az ST. Louis, clear, 3 p. m.
Evening journal., 1915-04-15
Facts Cleaned
Along
Automobile Row
RARY FATALLY RIrRNEn-

special to THE EVENING JOURNAL.
DELMAR. Del, April 15.-rhe A.
year-old daughter of Joseph Tihbetts,
while playing with fire at her home
yesterday was so badly burned that
she died last night at the Peninsula
General Hospital. Salisbury.
Evening journal., 1915-04-15
HELp oN LARcrNY cHAReE.

Magistrate Gluckman has held
Harry Brown. Of Chester in 5000 bail
for court 10 answer charge Of
larceny OF lead from the plant OF the
teneral Chemical Company at Clay
ksont.
Evening journal., 1915-04-15
VIZ. long WITH f0RD 40.

William A. Long. formerly Of this
city is now connected with the con
struction department OF the Ford
Motor Company, Detroit. Mich.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-03-04
DIES AT LONE CARD. GAME.
Unemployed Man Was Stricken While
Playing Solitaire.

With a pack of cards spread in
front of him, Jerome A. Grant. 40
years old, tailor who boarded at
80 South Parkin street, was found
dead in his room. The discovery was
made by Mrs. Matilda Heimiller, with
whom Grant boarded.
The police were notified. and the
man was taken to University Hospi-
tai. 1t is thought by the police that
he had been sitting on the side of his
bed playing solitaire when he was
stricken. Coroner LETTERS was noti-
fed and will investigate.
Grant had been out of work for
some time. but intended going to
North Carolina in a few days. where
he had obtained employment. He is
survived by brother, who lives in
New Jersey. and two sisters. one OF
whom is a nurse in Bellevue Hospital
in New York.-Baltimore Sun.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-03-04
Open the Windows.

When your work comes hard. when
your nerves are a-quiver, when you
seem to be plodding up and down IN
treadmill-open the windows.
What you need is dose of fresh air
tonic. You have breathed the same
air over and over again till it has no
life left in it. There is an abundant
supply, outdoors. THROW wide the
windows, and get it, When you are
gloomy and dispirited. open the WIN
dows. You think Won have no friends
left in the world, bus fresh air ;Slii
drive that silly notion out OF ycnr
head. You think you are not ap-
preciated, that your best efforts all
end in failure, that life Is a long
burden and not worth living. Open
YOUR windows, and let the breeZes
give the life to your gloom. You
think YOU have not time &c open THE
windows. You have not time no. to.
You think the fresh air Will give Ho''
a cold. 1t will not: it will give you
a warm. 1t will stir up all yonr dor
mant energies, it will quicken your
blood. it will stimulate your nervous
system. it will invigorate your mind'
it will cheer your soul.
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-03-04
Things We're Moving.

A young lady was dining with some
friends at their home. says the New
York Evening Post. The host mao
concocted some seductive cocktails
and she had just joined the others IN
drinking to his health. Before the
dinner was over she was exnerlenc'ne
that much-talked-of wobbly feeling
that is said to follow a cocktail.
While coffee was being served IN
the drawing room the three-months-
old son of the family was brought in
to the room and the young guest in
sisted on holding him.
.'"I am surprised that he is SC con-
tented in your lap her hostess told
her. He doesn't usually care fol
strangers"
well, you may not know it, was
the reply. but he is being rocked
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-03-04
STATE BONDS OF NO VALUE.
New Hampshire Drops Suit Against
South Carolina.

Exhaustive investigation by the at
torney general of New Hampshire
has satisfied that officer that 80 of
the $1,000 bonds Issued by the State
of South Carolina in 1869 are Of mo
present value" He has therefore
decided not to bring suit against the
State of South Carolina for collec-
ton on the bonds The decision was
reached by the attorney general, who
was in Columbia in 1913 and was
given by Attorney General Peoples
complete compilation of all Of the
statutes of his State relating to
bond issues and also the decisions of
South Carolina supreme court on the
same subject"
The bonds in question came into
the possession of the State of New
Hampshire in 1892 as part of the
estate of Benjamin Thompson, OF
Durham, under the provisions of his
will relating to the establishing OF
the New Hampshire college in that
town. At that time they were en-
tered on the books of the State treas
urer as of mo present value and
the same entry is equally and aptly
applicable at the present time. NO
fact has been discovered which indi-
Gates any future change of value"
says James P. Tuttle. present at
torney general of New Hampshire.
Discussing the bonds Mr.. Tuttle
writes in his annual report: There
had been numerous acts of legisla-
tion in the State of South Carolina
in regard to bond issues during the
Reconstruction period There had
also been several decisions of its su-
preme court in regard to these bond
acts and bond issues Hereunder. On
this visit to Columbia the attorney
general of New Hampshire met the
attorney general of South Carolina,
the State treasurer and the governor.
Every possible courtesy was extend
ed by them, but no encouragement
was given that the bonds would ever
be paid. The claim was made that
the bonds were founded upon carpet
bagger legislation and methods and
were in consequence illegal and
void. The bonds carry on their face
some evidence of this, for each bond
is dated January /, 1869, and pur-
ports to be authorized by an act OF
March %. 1869. The constitution
of South Carolina at that time re-
ouired that any act of the legislature
authorizing an issue of bonds should
specifically state for what purpose
the funds raised by the bond issue
we're to be used or applied. The act
in question did not comply with this
requirement. A Somewhat exhaus-
tive study of these statutes and de-
cisions and the related decisions OF
the United States supreme court
made it quite plain that recovery
mon the bonds could not be made
unless it could be proven that the
State of South Carolina actually re-
ceiyed the money from the sale OIL
these particular bonds"
The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1915-03-04
Knew How To DO 1t.

My husband" remarked Phila-
delphia matron to a group Of friends
was a confirmed smoker with TO-
bacco heart when | married him a
year ago, but today he never touches
the weed"
Good said one of the group. TIC
break off a lifetime habit requires a
strong will
will, that's what I've got. said
the wife.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
LEGAL.

placed in the hands of the defendants as
agents for the plaintiffs There a
provision in the contract that if the pur-
ment he should forfeit the $500 which
should be retained by the plaintiffs as
Hquidated damages and the parties were
to be relieved from the further perform
anee of the contract. HELD:
1. The contract is not option but an
agreement for a sale and purchase of lands
2. Plaintiffs, having agreed to accept
$500 In lieu of performance, can not as
against the defendants deny that the pay
ment of that sum was equivalent to per-
Torrance.
3. The defendants were entitled to their
commission on the $12,0
Johnston, C. J., Burch. J.. West, J..
Marshall J., and Dawson, j.. Concurring.
Mason, J., dissenting.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
LEGAL.

for the reduction of damages on account
of contributory negligence, when in
struction is requested giving such defini-
ton or stating such rule.
.. 1t is not error to refuse to give in
structions.
unsafe place safe, where there is no such
duty imposed on the plaintiff as to the
defect which caused his injury.
tb) Concerning assumption of risk,
where the court has fully covered the sub
ject in the instructions given.
6. The finding of the jury that the
plaintiff was not guilty of contributory
negligence was supported by evidence.
All the Justices concurring.
A true copy.
Attest. d. A. VALENTINE,
Seai.l Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
LEGAL.
Published in The Topeka State Journal,
May IL, 1881
State of Kansas,

State of Kansas,
Governors Office.
PROCLAMATION OF REWARD.
i, ARTHUR CAPPER, Governor of the
State of Kansas, do hereby offer a reward
of
ONE HUNDRED DOLLARS
for the arrest within one hundred days,
final conviction thereafter, of the party
or parties, who, apparently. some months
ago, murdered an unknown man in Chase
County and whose body was found in a
hay-stack, beside small stable, with two
bullet holes Through his head and his
skull crushed. Said reward to be paid
upon final conviction.
IN TESTIMONY WHEREOF, / have here
unto subscribed my name
and caused to be affixed the
(SeaLl Great Seal of the State OF
Kansas. Done at Topeka,
Kansas, this Tenth day OF
May, A. d. 1915.
ARTHUR CAPPER, Governor.
Attest J. Il. BOTKIN,
Secretary of State.
BY e. A. CORNELL,
Asst. Secy. of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 1927.
The State of Kansas. Appellee,


Jay Killion, Appellant.
Appeal from Kinney County.
Syllabus. BY the Court. Johnston, c. J.
i. The validity of a preliminary exam
ination and whether the defendant has
been sufficiently advised as to the charge
upon which he is to be tried depends upon
the complaint, the warrant and the evil
dence developed at the preliminary exam
contained in the warrant
2 For the purpose of impairing his
der who offers himself as witness in the
case may be interrogated crosS-exam-
to his past conduct and character and AZ
to offenses committed or alterations had
weapo e at It other f timeas uSeu dangerous
3 Witnesses who have testified favor
PENDANT as to peace and good conduct may
be asked on cross -examination If they had
not heard reports of particular acts in
consistent with the good reputation to
which they have testified.
4. An instruction to the effect that NAL
ice may be inferred from the fact of kill
ing with a deadly weapon examined and
it is held that. the court did not thereby
or a certain metal instrument was n deadly
weapon, and, further, that the instruments
the instruction could be regarded as an
assumption of that fact no prejudice could
5. The court in charging the jury de-
fined the different degrees of the offense
be proven to convict defen liant on each
of the different degrees Afterwards in
stating the sequence of the degrees and
that if the jury found defendant not
guilty of the higher degree it would be
their duty to consider whether or not he
was guilty of the next lower degree, and
established, beyond reasonable doubt
that defendant was guilty of murder in
the first degree, as had been defined. they
might return verdict of guilty of murder
in the first degree, the court added
But the other hand if his guilt is
not so established to your satisfaction be-
yond a reasonable doubt, then you may
proceed to inquire whether he is guilty Of
murder in the second degree. heretofore
defined, committed in manner and form
charged in the Information upon the per-
place therein named. then you should re-
turn a verdict of guilty of murder in the
second degree. But If you are not so sat
isfied beyond a reasonable doubt, then you
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No 1907.
The State of Kansas, Appellee,

No. 1907
The State of Kansas, Appellee,
William Sides, Appellant, ct al.
Appeal from Shawnee County.
division No L.
AFFIRMED.
Syllabus. By the Court. Johnston c. J.
l. Formal service of notice that party
had been permanently enjoined frcm com
hitting public offense IS not essential
to the maintenance of contempt proceed
ing brought against him for the violation
of the Injunction where he had personal
notice of tie temporary Injunction which
was subsequently made permanent and
participated in the trial of that proceed
ing and also where his attorney was pres
ent when the permanent Injunction was
ordered
3 In the proceeding to punish a viola
ton of the judgment of Injunction the de-
PENDANT was not entitled to trial by
jury.
3. The testimony held to be sufficient
to support the finding that the defendant
was guilty of contempt.
All the justices concurring.
true copy.
Attest: ID. A. VALENTINE.
ISealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 19.457.
Minnie NJ. Newton, Appellee,

No. 10. 457.
Minnie NJ. Newton, Appellee,
New York Life Insurance Company. cor
poration, Appellant.
Appeal from Douglas County
AFFIRMED.
Syllabus By the Court Dawson, J..
1. The Withholding or misrepresenta-
ton of facts in an application for life in
surance will not defeat the insurance policy
unless those facts, thus withheld or mis-
represented, pertain in some degree to the
malady which occasions the death of the
assured following Gen Stat 1909. 1900.
>. In the absence of pleading proof
there is n presumption of law that the in
surance laws of another state are like our
own following Furrow V. Chaplin, 13 Kan.
S. and cases cited in the opinion.
5. Record examined and evidence held
to sustain the jury's special findings of
fact.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE
tSeail Clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. BASS.
George H. Wilkes, Appellee,

No BASS.
George H. Wilkes, Appellee,
S. V. Clark Coal & Grain Co, Appellant.
Appeal from Sedgwick County.
(Divisien No. IL
AFFIRMED.
Syllabus. BY the Court. Porter T.
1. A witness may refresh his recollection
by the use OF a memorandum made under
his directions, and the memorandum itself
may be received in evidence.
2. Carbon Impressions of bills of lading
made at the same time are the same as
copy was given to the railroad company
and one copy retained by the consignee,
either may be offered primary evidence
3. In this case it is held that there was
no error in refusing to permit the defend
ant to testify what the destination weights
CT loads Of coal were at the point to
which they were reshipped by him, his in
his consignee.
All the Justices concurring.
true copy.
Attest: d. A VALENTINE,
lSeaI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
No. 10, 400.
Fred Litsch, Appellee,

No. 49, 400.
Fred Litsch, Appellee,
Kansas Gas Electric Company. and The
Petroleum Products Company, Appel
Appeal from Montgomery County.
Syllabus. By the Court. West, j.
1. The rule that allegations and evil
denee stating and supporting a cause of
followed.
tiffs employer and used the electricity fur
nished by the other defendant conveyed
By by wires alleged to have been neglgen1;ty
in plaintiffs injury. The vital points of
law law involved applicable to each Of the
as given by the trial court-certain slight
inoccurrences being cured by clear state
taken as whole the instructions were
full, sufficiently accurate and fair to all
parties. Held. that it was not preJudical
error to refuse others requested or to give
those which were submitted to the jury.
B. The injury occurred while the plain
roof of a certain bailding ga galpanized iron ron
smoEe-staek one side of which building,
leading to another building on which run
way a ladder was placed by which to
twenty six and one-half feet from the
ground. The wires in question was strung
about two feet above the comb of the roof
The, aperture through which the smoke
stack WAS to project above the roof was
on the side opposite the run way. One wit
ness testified that there nothing to
prevent scaffold being placed the
other side of the building or to prevent one
placing a pipe from using that side of the
roof The jury found that the plaintiff
was not in charge of the construction of
the building and that be was not warned
indicated that the injury occurred by the
smoke stack coming in contact with the
wires while the plaintiff was attempting
to get in position and to put it in place.
The aperture was five feet from the OPP
posite cave of the roof. The court refused
an instruction that if the plaintiff was
foreman or in charge of the construction
of the building and had been warned of
the high voltage of the wires and could
have avoided coming in contact with them
by a ladder or scaffolding he could not
recover. Held, not error.
4. The refusal to submit a question
whether the plaintiff would have avoided
the injury if he had used a ladder or scat
fold ON the other side of the building was
not material error for the reason that from
the evidence an intelligent answer could
hardly have been given, and mere con-
without value.
5. It is not fatal to a recovery that the
plaintiff used the more dangerous of the
two methods open to him for doing the
work in hand unless the dangers of the
method adopted were manifest that a
prudent person would not have made such
choice.
All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
[Seal.] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

No. 19,629
William Mampe, Appellee,
Albert KunkeI, Appellant.
Appeal from Sedgwiek County.
First Division.
AFFIRMED.
Syllabus BY the Court. West j.
l. The defendant offered in evidence
a paper not pleaded which he claimed en-
bodied substantially the contract III con-
troversy In an instruction the court re-
ferred to the contract as having been
pleaded No different instruction was re-
ouested Held, no material error.
2 An architect who hears description
of work done by another architect in super
yising a building with which the witness
is acquainted may properly give his op1h-
ion of the value of such supervision
All the Justices concurring.
A true copy. -
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
TO. 19,37S.
w. W. Musfek, Appellee,

TO. 19,37S.
W. W. Musiek, Appellee,
A. X. Enos. Appellant
Appeal from Marion County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
1. In an action for damages for assault
and battery the court inadvertently stated
that in such cases damages may be allow
ed for loss of time accustomed by the phys
zeal injuries sustained and for the expense
of treating and curing such injuries, when
there was no claim for nor proof of such
damages. The actual damages allowed
were fully sustained by the evidence.
Held, Ii will not be assumed that the jury
allowed damages not claimed and not
proven, and prejudicial error in giving the
instructions does not appear.
2. Criticisms of the proceedings exam
ined and held to be without sufficient
merit to affect the soundneSS of the YER
dict and judgment
All the justices concurring.
A true copy.
Attest: ID, A. VALENTINE.
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12

No. 19467
William NJ. Smith, Appellee,
st. Louis and San Francisco Railroad
Appeal from Bourbon County.
AFFIRMED.
1. In an action under the Federal EN-
ployer's Liability Act, brought by brake
on him, Al demurrer to the plaintiffs evil
dence Is properly overruled when:
tiff did not know of the defect causing
the injury until after the injury occur
red, and for that reason had not assumed
OBJ The evidence shows that the de-
PENDANT was guilty of negligence in send
ing out a defective car without inspection.
(c) The evidence shows that a re1eas
and n settlement, admitted by plaintiff, was
procured by making false represen tations
as to future employment.
1t is error to permit physicians. tes-
irving as as experts. to testify concerning
them and base their opinion partly on
the history. of the case; but where there
of the case, to establish all the facts so
enormously testified to. such error is not
ment.
5. When it is sought to prove the details
OF eom'ees saD an that was SAID Is
ton. all that was said is competent. even
If part of that conversation did disclose
the contents of documents not introduced
in evidence.
T.. In such action as is described in
section i of this syllabus, it is not. error
to instruct the jury:
la) That the risk assumed by the plain
tiff was the ordinary risk of his employ
ment, after the defendant had used reason
able and ordinary care to furnish rea-
sonabiy safe place in which to work. and
work.
OBJ That the defendant was guilty of
negligence, If 1t sent out a car in bad order
without inspection.
=, tc) That the, jury should bring to
their assistance their good Judgment, COM
mon sense, observation and experience in
life.
i'd That the plaintiff had n right to
assume that the defendant had performed
its duty in exercising reasonable and or
binary. care to provide reasonably safe
place in which to work, aud reasonably
safe tools with which to work
tel Concerning contributory negligence,
without specifically defining that express
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-05-12
LEGAL.
No. 19,SS3.
The State of Kansas, Appellee,
Frances Pretz Marshall, Appellant.
Appeal from Riley County.

Frances Pretz Marshall, Appellant.
Appeal from Riley County.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
1. Where the court in the exercise of
it's sound discretion finds it necessary to
send refractory witness to Jail for evad-
ing direct and candid answer to a com
petent question, error is thereby COM
United in derogation of the rights of a
defendant on trial at the time.
2. The recent enactment of Senate Bill
No. 412, Laws of 1916. providing that no
person shall be disqualified witness in
criminal action by reason of his con-
viction of felony renders a new trial un.
necessary on account of the admission of
the testimony of such a witness; since, If
new trial were ordered, such testimony
would now be admissible beyond cavn or
question.
All the Justices eoncurring.
A true copy.
Attest: d. A. VALENTINE
ISeal.l Clerk Supreme Court