davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1916-01-04
Sporting Topics
and Comment of
Local Interest

Murphy will train for the go at
Adam Ryan's gymnasium. Jimmy is
already in good shape and in all prob
ability will weigh in at 1856 pounds
ring side. This bout has the eight
fans throughout the East on edge.
The writer has purchased large
order of seats for the fight and viii
accommodate any of his friends
TONY" Marhefka, the Shamokin
whirlwind, who for several years
proved TO be the best shortstop that
ever hoaved the pill across the dia-
mond, will be shifted to third base
next season by the Syracuse team
of the New York State League. Lefty
RUSSELL former York Tri-Stater
whom Connie Mack paid S11 900 for
will hold down the. initial sack for
the same club.
Joe Holveck, the husky Pioneer ALL
Wilmington League pitcher, Will soon
be packing his grip for a journey to
Rocky Mount. ~ c. Joe has been
signed by that club for the coming
season. He has golden oppor-
tunity. for Rocky Mount is the best
paying team in the Virginia League
and won the pennant last year. Hol-
week will have to 90 some to make
good but the writer knows the lay
out fairly we'll in that circuit and
predicts q great future for the silent
person from the west side.
Young SandOw, the Newport, Ky,
bantamweight, who decisively beat
Bobby Mcleod on New Years Day,
at the Olympia Club. is being handled
by Harry Pogue of this city. SandOw
is promising lad and there are
hopes of him meeting Johnny Ertle
during the present year.
Evening journal., 1916-01-04
Standing OF the Teams.
ACADEMY WANTS 4 GAME.

Manager Abrahams, of the Whining
ton Academy basketball team. being
without a game for Saturday night,
would like to arrange game with
anv team wishing that date, Claymont
second. Old Swedes second, Apex,
Clinton and Keystone preferred. Man
ager Abrahams is anxious to fill this
date Immediately. Challenges should
be addressed to Eddie Abrahams, No.
GIG North Van Buren street, or call
Delmarvia 1775 any evening between
and o'clock.
Evening journal., 1916-01-04
By Bill McCowan

Matchmaker Jack Hanlon, of the
Olympia a. A. has carded for his
show next Monday night Jimmy
Murphy. formerly of this city, and
Johnny Dundee. the crack New York
lightweight. Dundee is estimated by
AID Wolgast. former lightweight king,
as the one best bet in the '33 pound
class. Dundee has met the best boys
in the game, including Charley White
and Ritchie, and holds a ten round
decision over the present champion,
Freddie Welsh.
Jumping. dancing, dashing. hard
hitting. Johnny has his eye on the
crown. and ring followers through
out the country are always satisfied
when he is on the card, for he never
eases up. In his recent setto with
Joe Asavedo Dundee displayed Won
derful form, and was in the best Of
condition. This particular feature
is q pleasure to any boxing fan.
II has become the habit of the top
notchers Of late to go into the ring
depending upon their reputation, not
giving their physical condition any at
tention whatever Not so with the
UAlAhN AlAAAf sNAM ANA h'if hA hRr
with the Jumping Jack" style is
forever in earnest and believes in con
sidering his own condition before his
opponent.
Too much credit cannot be given
Jimmy Murphy for the way he has
come to the front is not much short
Of being a mircle. BY defeating Ed
die McAndrews. Charles Kid Thomas,
Joe Shugrue, Ad Wolgast, and Cham
pion Freddy Welsh, he surprised the
world OF boxing followers I'm Dun
dee he will probably meet the tough
est proposition OF his ring career. He
is full of action from bell to bell, con-
tinually boring into the fray, a slam
bang hitter with either hand. Ad
Wolgast was the hardest hitter of
the big boys for Murphy. Freddy
Welsh was the best defensive man
and Joe Shugrue the best mixer. But
when the bell clangs next Monday
night Murphy will face a boy who
carries variety of specialties for
such an occasion.
Evening journal., 1916-01-04
Get TWO SUSPECTS IN
STOLEN HIDES Cases

Special to THE EVENING JOURNAL.
DOVER, Del, Jan. 4.-State Detec-
tive Frederick 3. Murphey and Con-
stable Frank Vansant have captured
the two supposed thieves who broke
into the tanneries Of William Uhlig
and William Weinstein late Sunday
night The suspects are Lester Grant
and John Griffin. both white men.
The men deny the charge.
At the first transaction Of selling
the Weinstein hides to William Uhlig,
at midnight on Sunday. Griffin is said
70 be the man who received the check
from Uhlig. Grant is said TO have at
tempted to get the check cashed at a
local restaurant.
Both Grant and Griffin were held
in $500 each for a hearing by Magis-
trate Wood.
Evening journal., 1916-01-04
CHAMPIONsHP SETTLED.

The fight for the independent quot
championship of the Young Mems
Republican Club practically came to
an end last night when the Street and
Sewer Department defeated the Water
Department in four out OF five games.
thereby giving the Court House team
a clear road to the title. The final
games will he played tonight when
the Meter Readers" will clash with
the Court House team. The scores Of
the last games follow
S. and S. al q q q S-4
Water Dept ... 3 Is l3 20 Ell
Players: Street and Sewer-"Doc'
Clowney. captain; Peter Green, El-
mer Hare. Water Department
"Bish" Coleman, SANDY" Coke
Meter" Griffith.
Schedule for Tonight.
Court House VS.. Water Department
Standing Of the Teams
Evening journal., 1916-01-04
PARkSIDE CLUB ELECTS.

AT a meeting o, the Parkside A. C..
the following officers were elected for
the year 1916: r. o. Schafer presi-
dent; NJ. ID. Benson, first vice-presi-
dent: J. J Walsh. second vice-presi-
dent: William Brady, secretary; w. A.
Lewis. financial secretary; Harry
Seimes. treasurer.
The club will initiate a class OF
eleven new members on Thursday
evening at the club room, No. S15
Market street. There will also be an
entertainment and smoker in cOnnec-
ton with these exercises, and all the
members are requested to be present
Evening journal., 1916-01-04
G. o. p. LEAGUE.

Teams in the Republican City Quot
League resumed activities last night
after a layoff over the holidays and
are now on the final spurt OF the
championship. Last night the Second
Ward leaders were defeated by the
Tenth Warders, three out Of five
games. The scores:
10th Ward ....11 13 21 21 21-3
I'd Ward .....21 q IA Is 16-2
Players Tenth Ward-H. X. Wad-
man. captain: A. S. Coke, G. veasey,
r. Ayers. II. j. Wadman. Second
Ward-Rcbert Conner, captain; j.
Montgomery. Homer Carr, ID. Patter-
son. c. Virden. Referee-W. L. DonO-
van. Scorer-Nevin Clowney.
Schedule for Tonight.
Evening journal., 1916-01-04

dealer and get a tin of Tuxedo today Smoke pipeful
after pipefu all day long, every day, for week.
Then you'll kno1C you've found the cheerup and
speed up without a-let-up smoke for happy, hustng
Americans-TUXEDO.
You can buy Tuxedo everywhere. Convenient,
glassine wrapped, moisture-proo pouch, SC. Famous
Green Tin with gold lettering curved to fit pocket
1Oc In Tin Humidors 40c and soc. In Glass Humi-
dors SOC and 90c.
Evening journal., 1916-01-04
P. B. & W. LEAGUE.

In the regular matches of the p, B.
& w r. r. A. A. Bowling League, ON
the Crescent alleys last night, the
Boiler Department team easily defeated
the Delaware Division Engineers in
three straight games and the General
Office took two out of three from the
ID. ID. Supers. Donlan, pilot of the
Boiler Department team, was high three
with 553, and Duncan was high single
with 223. The scores:
Evening journal., 1916-01-04
THIEYES ACTIYE AGAIN.

Burglars raided two places IN TINS
city on Sunday night and in both in
stances considerable money was Sc
cured. At the barber shop of Michael
j. Carney. No. 500 Madison street,
thieves got s42. and from the laun-
dry of Harry Wong. Second and King
streets, $50 and a revolver were
stolen.
Evening journal., 1916-01-04

BY The United Press.
PHILADELPHIA, Jan. 4.-Pat Mo-
ran, manager of the Phillies. will con-
fer with President Baker today, and
the tip has been given out the confab
will concern the purchase OF one or
two Of Joe Tinker's Federal League
players. So far Moran has refused TO
give any intimatiOn regarding what
changes he will make in the ranks
OF his team.
Evening journal., 1916-01-04
A. O. U. W. BOWLING.

Playing in the handicap series of the
a. o. l.. W bowling tourney was re-
smed last night The Wilmington
Reds. one of the two scratch teams. de-
fcated the Liberty Lodge in three
straight games. The scores;
Evening journal., 1916-01-04
TRAP SHOOTING
BASKET BALL
S c R A PS
BY The United Press.

DY TIC IHIItu IIta5,
BOSTON, Jan. 4.-Charlie White.
Chicago's premier lightweight, will
meet Matt Wells, the English come
back, who recently won a close de-
cision over White in Milwaukee, at the
Armory A. A. tonight. Both men are
in the best Of condition, and the Windy
City whirlwind promises TO more than
even the score with the Britisher.
Evening journal., 1916-01-04
Delaware Division Sunt
HERCULEs-DUPONT LEAGUE.

Ia Hercules DUPONT Bowling League
match on the Crescent Alleys last night,
DUPONT No. ] defeated Hercules, No. ,,
in three straight games. The scores:
Evening journal., 1916-01-04
MORAN AFTER FED PLAYERs.

Schedule Tor Tonight.
Wilmington Blues ys. Vulcan.
Evening journal., 1916-01-04

No other product has received such re-
markabe endorsement as this.
The incompatible mildnem of Tuxedo appeals to
men with nerves the fact that Tuxedo does not
affect their throats nerves And the is the
Tuxedo Process that makes Tuxedo different
from all other tobaccos positively non biting,
delightfully."- soothing, restful and refreshing.
Tuxedo will appeal to you for the
March Sousa quick-step to the nearest tobacco
Evening journal., 1916-01-04

THE AMERICAN TOBACCO COMPANY
Evening journal., 1916-01-04

Court House VS.. Water Department.
Standing Of the Teams.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
d. A. VALENTINE,
Clerk Supreme Court.
No. 19,SS1.
John W. Matthews, Appella

No. 19,SS1
John W. Matthews, Appellant,
c. A. Mcneil, ct al, Partners, ETC., APP
pellees.
Appeal from Labette County.
AFFIRMED.
Syllabus By the Court. Mason. J.
1. The invalidity of note and mort
gage attacked as fraudulent and void be-
contravening public policy, held not to be
established a matter of law by the I'M
disputed facts or the findings of the jury.
p No one but the client can found an ap-
peal upon the admission of evidence in
violation of the privilege with respect to
confidential communications to an attor-
ney-
g. An instruction limiting the effect of
evidence held not to have been prejudicial
to a party who objected to its admission
Tor any purpose
f. In an action to set aside a compro-
mise of a disputed claim as fraudulent
and unconscionable, the defendant may
persons, If they tend to show his own
good faith.
s. Various items of evidence held to
have been properly admitted.
g. In an action for relief on the ground
of fraud instruction that the plaintiff
must satisfy the minds of the jury by the
fair weight or preponderance of the evil
dence does not impose too severe q re-
quirement upon him
Z. Various instructions held not to be
erroneous as introducing eXtraneous is
sues.
s. Various special questions submitted
by the court to the jury held not to show
a trial on a wrong theory.
g. A Judgment on note and mortgage
may be rendered on verdict in favor of
the holder which does not state the amount
due, where the only question in dispute
was their validity.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
D. A. VALENTINE,
Clerk Supreme Court.


No. 49, 14.
The Farmers & Merchants Bank of Court
land, Appellee,
E. B. Upton and S. L. Upton. Appellants
The Swedish-Ameri State Bank of
CORTLAND. Appellee.
Appeal from Republic County,
AFFIRMED.
Syllabus By the Court. Johnston, c. ].
A vendor sold land under an agreement
with the vendee TO give a merchantable
title and place him in possession of the
same, the agreed consideration being paid
to the vendor. The persons from whom
the vendor acquired the land and who were
in possession of the same set up claim
that the deed they had executed to the
vendor was in fact a mortgage and they
refused to yield possession of the land, so
that the vendor was unable to carry out
his agreement with the vendee- The ven
dee demanded the return of the money
which he had paid for the land and
fused to bring an action to quiet his title
against adverse claimants. The vendor then
brought an equit--ble action to quiet the
title of the land. making the vendee a party
defendant. Held. that the vendor had
interest in the land sufficient to maintain
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13

The sons paid the annuities at their con
venfence with the acquiescence of their
parents One son gave his note for 500
to settle delinquent annuities and paid SLID
to apply on a current annuity which sum
his mother applied his note instead
These and related circumstances eonsli-
cred and held sufficient to withhold de-
cree of absolute forfeiture of the grant to
him by his parents. and the Judgment IN
their favor for the balance of the note and
for the later accrued and current annuities
and the provision made for the speedy
payment thereof examined and held sufl1-
Gent to satisfy the just demands OF his
parents.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13

No. 201SS
The Citizens Bank of Bolton, Mo-, Appellee,
vs.
w. II. Bowden and Emma L. Bowden,
Appellants.
Appeal from Franklin County.
AFFIRMED.
Syllabus. By the Court Mason, J.
1. Under the provisions of the uniform
negotiable instruments act one who signs
a note co-maker, although in fact a
surety, is not released by an extension
of time granted TO the principal, in con-
sideratfon OF the payment of interest in
advance
2 Irrespective of the statute the release
Of the surety is prevented in such case
by an agreement Incorporated in the note
that upon the payment of interest by one
of the makers time of payment might be
extended without notice to the other.
B. The mere fact that in an action upon
a note one of the makers pleads suretyShip
as basis for defense founded an
extension granted to the principal, does
not require the court, after sustaining a
demurrer to the plea. to make a finding
that such n party Is a surety, for the
purpose of preserving his rights as against
the principal.
Ali the Justices concurring.
true copy.
Attest: y. A. VALETINE,
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
No. 20.4O1-
The State of Kansas, Appellee


VS..
Mvron o. Holmes. Appellant.
Appeal from Ford County.
AFFIRMED
cvllabus BY the Court. Johnston, 4. j
An Information which charged in ef-
feet that the defendant through announcer
fraudulently effected sale OF his team OF
horses; that he afterwards approached the
horses so sold had been stolen from him !,
that he then demanded a return OF me me
team or the payment of their value; that
the purchaser gave him a check Tor their
and that he and his accomplices thus con
sofred together to cheat and derraud the
purchaser and had obtained a check, a
thing of value, by false pretenses, stated
an offence under section 81 OF the crimes
Act.
. The averment that another conspired
and co-operated with the defendant in Cd
tanning the check by false pretenses d1d
not vitiate the charge against the oeIeH NJ
offence alleged.
q In such a prosecution an essential ele-
ment to be proven is that the fraud was
accomplished by the false pretenses ailege ei
and although the money had not been paid
on the check when the defendant was ar
rested and was subsequently, restored 10
the drawer, it was a thing OF value wnen
fts payment and therefore the fraud was
accom- plished and the offence charged was
complete when the check was obtained by
the defendant.
f. A restoration OF check, money or
nroperty fraudulently obtained by an ac-
Sused does not wash away the criminality
5. The State v. Lewis, &c Kan. 1913, over
ruled
Attest: ID. A. VALENTINE,
ISeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13

ants brother and mother and not treas
ury stock. The true extent of the interest
of defendant and his father and brothers
i'll the navigation company was only SILL
600 invested in preferred stock. and hold
ing of ST.. 500 of common stock of no value.
The foregoing and incidental facts held
sufficient to support n Judgment for plain-
tiff for the return of the purchase price
and interest. less dividends received.
4. Rule followed that in actions for re-
lief on the ground of fraud, whether that
relief be for RECESSION damages. the
statute of limitations does not commence
to operate until the discovery of the fund.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
LSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
D. A. VALENTINE.
Clerk Supreme Court
No. 1925
Abe Dancinger ct al. Partners, etc, APP
pellants,

No. 1915
Abe Dancinger ct al. Partners, ETC.. APP
pellants,
d. G.. Cooley, Appellee.
Appeal from Shawnee County.
division No. -
AFFIRMED.
Syllabus. BY the Court. Mason. !.
1. controversy as to the application of
a payment made by Il debtor held to be
settled by the verdict and judgment.
2: principal who employs. an agent to
which make the act violation of the
criminal law, can not maintain an action
for the recovery of the amount collected.
it will not be presumed that the sale of in
toxicating liquors is forbidden by the laws
of Missouri.
der and delivers the bill of lading to an
other to enable him to receive it for his
own use. thereby violates the provision of
the Kansas statute forbidding a person to
whom Intoxicating liquor has been con-
signed to give to any other person an order
upon the carrier for it. with the purpose
5. The statute referred to in the forego-
ing paragraph, as applied to shipment
from another state into this. under the cir
cumstances there stated. is not invalid as
involving an undue interference with in
terstate commerce. irrespective of the pro-
vision of the Webb Kenyon act.
6. Where liquor is shipped into this
state to the order of the shipper. his rep
resentative who collects the purchase price
and delivers to the purchaser the bill of
lading thereby violates the act of
gress which provides punishment for any
state transportation of intoxicating liquor,
shall collect the purchase price from the
consignee. or act as the agent of the buyer
for the purpose of completing the sale
thereof. saving only in the actual trans
portation and delivery of the same.
All the Justices concurring.
Attest: D. A VALENTINE,
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
LEGAL.
SUPREME COURT SYLLABL.
LEGAL.
Published in The Topeka State Journal
May ID, 1851
No. 20,196.
Antonio Snyder, Appellee.

Antonio Snyder, Appellee.
The Leayenworth Light, Heat * Power
Company. Appellant
Appeal from Leavenworth County
AFFIRMED.
Evl1abus By the Court. Johnston. - >.
An electric company built and MAINTAIN
ed a system of high voltage wires aDout
thirty feet above the ground along me
street in a thickly populated portlon OF a
citv When built the wires were properly
Insulated ms the law requires, but the IN
sulation had rotted so that the wires nae
been nearly bare for Il number OF years. n
thrown over the uninsulated wires OF tne
company and supposed TO nave Dee "a, 49, nnt
by boys at play but the evidence slu NJ
show by whom. how or when the WIZ rs
Siftinr Ipon a coping upon the side OF the
sfreet who had the small wire IN MS manu-
fell over and a neighbor noticlhB that ne
AID NOT move and that his clothes We're on
fira called for help. The plaintiff hearing
the call hurried to the aid OF the boy Wno
was already dead and upon touchlnR MN
she received an electric shock causins +;nn
YER burns and other injuries. In an action
f,ronrht by her it was found that tne
destructive current escaped from the MidSS
Of the electric company through 1ts nes
he vsent To the aid of the boy as she nad
> right to do and it is held that the Jury
was warranted in finding that the IhroM
ing Of the wire over tne u UNI SUI .te com
many and against which it should nave
provided that the negligence OF me CON ~
nanv was the approximate cause OF lny ~
iury and that under the evidence inc PIaiin
ysff vas entitled to recover for the injuries
sustained by her. West
and Marshall, J.. concurring.
Dawson, J., dissenting
H+tcst. d. A. VALENTINE,
1Eesi Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
No. 2O.29S.
Albert w. Taylor, Appellee,


Albert W. Taylor, Appellee,
VS..
Sufzberger & Sons Company. Appellant.
Appeal from Wyandotte District Court
First Division.
REVERSED.
Syllabus. By the Court. West. j.
L. An adult son married and living with
his wife and children, separate from his
mother. is not member of such mothers
family within the meaning of the Work
mems Compensation Act Laws of 1913,
chapter PIG, section =
, 1t is not the purpose or policy of
the statute to continue compensation TO a
dependent minor after reaching the age of
eighteen years unless physically and men
tally incapable of canning wages. or to
award compensation to an adult married
son the head of family living separate
from that of his mother who from her
wages as an employee made small con-
tributions towards his support. he being
physically and mentally capable to earn
and actually earning fair wages
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE
lSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
No. 2o,199.
J. j. Schaffner, Appellee,

No. 20199.
J. j. Schaffner, Appellee,
The Estate of John Schaffner ct al, APP
pellant.
Appeal from Sedgwick Count.
First Division.
AFFIKMEn.
Syllabus. By the Court. Burch. j.
The rule announced in the case of Girls
ham V. Lee. 81 Kan. 533. 60 Pac. 312, that
where there is a single hiring and the
term of service and time when compensa-
ton is due are not fixed, the hiring is con-
tinuous and the statute of limitations does
not begin to run against claim for COM
pensation until the service terminates, APP
proved and applied
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
tSeal.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-13
No. 20. 496.
j. H. Ruth. Appellee.

The witherspoon-En glar Company, Appel
ant.
Appeal from wyandotte County.
division No. 81
REVERSED.
Syllabus. BY the Court. Mason, J.
l. In an action under the workmen's
compensation act recovery can be had
only upon the basis of disability to labor
resulting from the injury received in the
course of employment. without the inter-
vention of an independent cause. the sep
arate consequences of which admit of defi-
mite ascertainment. 1t can not be aug
mented by the fact that the disabling eff
fects of the injury are increased or pro-
IonEed by incompetent or negligent surgi-
gicas treatment eseIs where the smployex is