davidaulloa/AmericanStories huggingface dataset:
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
NEGLIGENCE OF ATTORNEY
NO GROUND FOR RECOVERY
Judge Knapp Renders Decision in
United States Circuit Court
of Appeals.
JUDGMENT GIVEN BY DEFAULT
No Evidence, Says Opinion, That
Judgment Was Not Just, or That
u Would Not Have Been Rendered
Had Attorneys Appeared.

judge Martin *. Knapp. OF the
United states Circuit Court of Appeals,
Yesterday handed down an opinion af-
nrhinS the decision of the District
court of the United States for the
southern District of West Virginia. nj
charleston. i'll the case of the Maryland
casualty Company. plaintiff In error.
against George r. Price and others,
uoinE business as Price, Smith. Spilman
Gay, defendants in error.
Ihe MARYLAND Casualty Company
brought suit for damages alleged to
nave resulted from the negligence OF
the defendants as attorneys at law
employed by the plain;in 1t is re-
cited that Gail V Lynch brought; an
actl"' against the Wylie Permanent
camping Company to recover sI5. 600
Tor personal injuries received -bv her
IN August. 1908, while a passenger on
one or the camping cOmpuny's coaches
~ Yellowstone Park, and that under
us contract of insurance the plaintiff
was bound to indemnify the camping
company against any loss suffered by
IL III such suit, not exceeding $4,000.
and to defend the suit at its own ex-
pcnSc. The defendant attorneys il is
stated. advised the plaintiff that ii
WAS not necessary to appear at Rules
to avoid iugdmcnt in default. and that
they would look after the case The
plaintiff in error claims that the at
torncys could have settled the case
for not more than $4,000 If default
Judgment for $4,000 had not been en-
tered in Mrs. Lynch's favor. Judgment
ana costs amounted 10 $4,000. which
tile Maryland Casualty Company paid
SAYS JUDGMENT MAY
HAVE BEEN ENTIRELY JUST
In his opinion. Judge Knapp states
that the original declaration does not
allcgc suificien, facts to charge the
defendants with liability. because II
does not show that the plaintiff suf-
fered amy damage by reason OF the
attorneys neglect. II was not alleged
that If the attorneys had appeared and
made proper defense there would have
been no judgment against the camping
company, or that judgment would have
been for q less sum. The averment.
the opinion states. is merely that de-
fault Judgment would not have been
rendered if the defendants had not
failed to appear, and the declaration
nowhere alleges that the camping COM
pany had any defense to the action
justified to recover $4,000.
Judge Knapp quotes several cases.
and says that the rule established is
TO the effect that suits against attor-
ncyS for neglect are governed by the
same principles as apply in other neg
lcct cases.
eff an attorney" the opinion goes
Oh. '.n disregard of his duty. neElccts
to appear in suit against his client
with the result that q default judgment
is taken, il does not follow that the
client has suffered damage. because
the judgment may he entirely just, and
one that would have been rendered
not withstanding efforts OF the attorney
to prevent IT,"
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
!. Useful
Hints
SYNOPSIS.

Mary Page. actress is accused of tho
murder Of David Pollock. and is defended
by her lover. Philip Lansdou. Pollock
intoAfcated Shulc crook ani tool ~
Pollock. was the Are escape Watching
for I,ansdon. At Mary's trial she admits
she had the revolver. Her maid ;cstifies
that Mary threatened Pollock with /, pre-
Sfously, and Mary's leading man implicates
LIngdon. How Mary disappeared from tho
scene of tho crime * mystery Brandon
tells OF strange hand print hc on
MhrS's shoulder. II Is now tho turn OF the
uefensc to Introduce testimony. Mar5 =
mother tcstffles that the night Mary WIS
horn her husband, III II drunken hit. seized
-her by the shoulder with such force to
leave tho print of his fingers. Langdur an
nounccs that he will prove Mary was suffer
ing from temporary insanity when she shot
Pollock, and cduces from Mrs. Page the
statement that Mary had the same mark
on her shoulder at times. She tells how
Mary had rushed from the house. quite in
sane. to escape her drunken father Alex
anucr MACPHERSON tcstitics that he
saw Mary when she appeared to I've daft
anu complained that something was burn
ing her shoulder. Mary shows the jury
long scar on her head caused hy blow
from her father. MACPHERSON tcstihcs to
having found her in the SNOW. and that
sharp words passed between pollock and
L pt-an
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

Scabivs. Alias the Itch--What is
scabics' How is il contracted? Is il
the sam, rs Dakota itch or Prairie
itchr
nswe'--Scahi"s is the itch. /, is
contracted through personal contact
with any one who has it, rs by using
the same towel. brush. strap hanger in
street cars. etc. 1t is an alias for Tn"
other varieties YOU mention Some.
tunes II is called uric acid in tn.
blood. 'cczema," Cuban itch" n.c
but the itch mite is there with claws
in every case. Grandma will tell Won
no" to cure il with sulphur ointment
hot with sulphur internally
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

l'iIiu '"l Vt course your legs viii
b" >u'"UrneU i YOU sit out in tho sun
Without STOCKINGS Tor hours after bath
ms see hui l,tl" use in your trying
to talk" the tan OF If it is your habit
to hHtno without stockings You can
"Ncrcowr thc rouIhncss Of Your skin
hN thor"u"hiy scrubbing Your legs each
nirh, with Siiif nail brush aud then
applying y good cold cream. They uu-
doubtcdlN became rough and chappcd
because Your hosiery is too thin for
winter wear. have Il formula how
ever. Tor removing tan ana Sunhurn,
which ! shall he glad TO mail YOU If
YOU will send me a stamped, addressed
envelope.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
I;nrIy Capture Probable.

W ASilINGTON. February 2a--Chicf
Police Inspector Rooms to-day gave
out Il statement which said the early
capture Of the New York mail pouch
robbers was probable. lie added that
il has been aSccrtiiucd no currcnc,. or
bank packages from the Treasury De-
partmcnt are missing.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
Believe lie Took own Life.

Special to The Times Dispa: il.
NEW YORK. February "9-No word
of the death of Professor Ernest Mach
mas been published i'll this country.
When the foregoing dispatch was
shown to well-informed Germans to-
night they said they could draw no
other conclusion than that he had
committed suicide.
The famous Ernest Mach is. or was,
professor o! physics at Vienna Uni-
yrrSifV
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

Tonsils ana Glands in Neck---I have
large and infected tonsils. and haven't
the necessary funds to have them re-
moved But lately | notice sore and
swollen glands under and behind the
ear What causes them?
hnswer--'rhc infected tonails--in
f"ctcd tUnSilS are the most common
cause OF enlarged glands in the neck.
and dccaNcd teeth come next
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
An,oinc,tc ponnc,l.,s Answers.

Jane +. J.-puhincss under The eyes
and puffy cyclids are almost invariably
due I" some kidney trouble. Drinking
water frequently remedies tho condi-
ton. II i necessary also 10 build up
your genera! health with plenty Of
fresh air aud "Nrrcisc. think it
woui" hc VIII :" consult q physician
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
FAMOUS PSYCHOLOGIST DEAD
Wcli-tnformcd Germans Believe Pro
lessor Ernest Mach, OF Hcri:n.
Took Ills Own Life.

Especial Gable To The Times Dispatch I
BERLIN. February 80 Cvia SayviIlep.
The famous psychologist, Professor
Ernest Mach, of Berlin, recently left
the following communications:
When leaving life, Professor Ernest
Mach sends greetings TO all that know
him and asks for some remembrance.
At his burial only the family will he
present"
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
Ethical
alks
Woman and Home

excellent ali-round exercise for keep
ing the body in good general cOndi-
ton, az II brings into play every
muscle Of the body. II is much too
lengthy to print, but If YOU will send
me Il stamped. addressed envelope. |
shalt he ;;lad TO mail il to YOU.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

known. Certain fats may be absorbed
when rubbed into the skin: but If so.
they are not deposited locally any more
than elsewhere throughout the BODY.
The only way TO fatton checks, nccks
OF buSts is TO fatten the whole body
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

Cancer Not Iicrtnble---My father
died Of cancer Of the pyioruS OF the
stomach. Two daughters arc approach .
ing middle life. What are the chances
that they viii inherit the disease?
AnSwcr--practically none. There is
no good reason TO believe cancer is
hCrit able
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
Questions and Answers,

Fattcminr the Checklists there any
SKIN TODD or preparation which one
can rub IN for The purpose of fattcn-
ing hollow checks or filling ont the
neck ana bust
Wer---Thefe is no such ,oa,,
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

There is no more fitting attire f,r
outdoor skating and coaStinS than II
serviccable suit, long coat or sweat
err, a Tam O'Shnntcr ncckpiecc aud
murf. They warrant Il merry time,
for no fear of spelling your velvet or
broadcloth costume need mar your
pleasure. Here is something new.
\ hat of tan leather and II huff of
leather trimmed with fur.
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01
coIum,,la Want. BUILDING

WASEIINGTON. February 2a.--Repre-
sentative Lever introduced in the House
to-day bill appropriating s335.Oo0 for
Il new Federal building ut Columbia
Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-01

Janice am sorry. but do not
know anything about the prcpaIaiiou
YOU mention. You can get a good
grade OF rice powder by iuuuirnG 1T
amy OF the drug or department stores.
simply insis, upon having rice
powder. and do not take anything
else. You did not tell me how old
YOU are, nor your exact height. so. of
course. ! cannot tell you how much
YOU should weigh. The best thing to
do is to try different styles of couture
before your mirror. and adop, the
simplest. the most youthful, the most
becoming one
The Mt. Sterling advocate., 1916-05-02
WINCHESTER COUPLE TO WE'D

Mr.. and Mrs. Richard n. Ratliff,
of Winchester, have announced the
engagement of their daughter, Miss
Jennie Judy Ratliff, to Mr.. James
II. French, also of Winchester. The
wedding will be solemnized in June.
The announcement will be learned
here with much interest. Both
young people are well known and
popular in Blue Grass social circles
and have frequently visited in this
city. Miss Ratliff is one of Clark
county's most charming and popu-
lar young girls. She has many rel
atives in this county. Mr.. French
is son of the late Rev. Richard
French, of Winchester, and holds
an important position with the Win
chester Bank.
The Mt. Sterling advocate., 1916-05-02
SPLENDID MUSICAL RECITAL

The recital given by Mr.. Wallace
Tuttle, baritone, and Mrs. Nevill
Moberly, accompanist, at the Chris
tian church last week proved to be
one of the most enjoyable musical
events of the season. Mr.. Tuttle
has a rich voice of remarkable YER
satility which shows to advantage
in concert work. His program had
not only classical songs for the
trained musicians, but also tuneful,
catchy ballads for the average mus
ic lover. He caught the attention
of the audience at the very start
and held it to the finish. Every
body who heard him Tuesday night
hopes that Mr.. Tuttle may come
again. Mrs. Moberly is one of the
very best accompanies We have
ever heard. Her work at the piano
was par excellence and was
a large element in a delightful eve
ning's entertainment.
The Mt. Sterling advocate., 1916-05-02
DISHONEST ADVERTISING

In defining more clearly than ever
before what constitutes dishonest
advertising, the Supreme Court Of
the United States held in effect that
advertisers, even though they give
value received are guilty of fraud
if by exaggerated advertising pro-
paganda they have led clients to ex-
pect more.
The Mt. Sterling advocate., 1916-05-02

LOST PENNIES
In these days of high prices and
expensive living it behooves us to
guard the pennies with a far see
ing eye.
Bad pennies sometimes return,
but good ones seldom do.
1t therefore becomes our duty,
when we part with good penny.
to secure the greatest possible re-
turns for it. Lost pennies soon
mount into dollars, and the vanish
ing dollar blazes the way to pow
erty and eventual nowhere.
You can save the pennies and
retain the dollars if you will read
carefully each week the advertise
ments in this paper. They will tell
you at which stores you can get
the best bargains, where quality is
of the best and price is at the mini
mum, where your true interests
lie when you go out to spend the
money that comes to you from
hours of heavy and unceasing toll.
None Of us may hope to save all
that we earn, for we must live, and
il takes money these days to
even exist.
We must spend a good portion
of our earnings, often oftteT all Of f them,
and the judgment and care we use
in that expenditure will determine
in a considerable measure the en-
joyment and pleasures of life.
If we buy at haphazard we too
frequently pay dearly for our in
difference and lack of economical
foresight, whereas if we are pru-
dent and assimilate the knowledge
that is laid before us we at least
have the satisfaction of knowing
that we have done the best that we
could do under existing circum-
stances.
Again We suggest, and emphasize,
that the wise and prudent course
to pursue is to read carefully each
week the advertisements in this
paper. Read them all, every one
of them, for in little places big
bargains are often found.
High prices are here, and we as
a community can not prevent what
a whole nation must endure. But
we can, and should, prevent the un-
necessary loss of pennies through
commercial indifference and neglect
This is not day of philan.
thropy, and merchants are not ad-
vertising for the sake of handing
their money over to the publisher
They are doing it because they
have the goods and make the prices
to back up their advertisements
and it is to the financial interest
of the consumer to dissect every
advertisement and take advantage
of every opportunity thus afforded
The expense of reading an ad is
nothing but a little time when not
otherwise engaged. The savings
may run into dollars.
The Mt. Sterling advocate., 1916-05-02

Let us take time to get acquaint-
ed with our families. The wealth
YOU are accumulating may be a
doubtful blessing to the son who
is a stranger to you. Your beauti-
fully kept house, busy mother
can never be a home to the daugh-
ter whom you have no time to
caress.
The Mt. Sterling advocate., 1916-05-02
WILL GO TO PANAMA

Mr.. Johnson Young, of this city,
has accepted a position with the
United Fruit Co., in Boscos Del
Toro, Panama, and will leave short
" to assume his new duties. Mr..
Young has held a position in Pan
anna before and says that he likes
the country fine. His many friends
wish for him abundant success in
the tropics.
The Mt. Sterling advocate., 1916-05-02
GETS CARLOAD OF MARES

James r. Mcgowan, Of Elmwood
Stock Farm, received carload of
mares last week to be mated
with his famous sire, J. NAL
colin Forbes 2:08. These mares
came from New York and are some
of the best ones in the country. Mr..
Mcgowan says that his stallion this
year will be mated with some of the
greatest producing dams in the
country.
The Mt. Sterling advocate., 1916-05-02

The story of the economic revo-
luton being brought about in Am
erican business and industry under
President Wilson is again striking
ly shown by the figures on imports
and export for February as issued
by the Bureau of Foreign and Do
mestic Commerce of the Depart
ment of Commerce.
The imports of crude materials
for use in manufacturing amount
to $s99,OOO,O0O as contrasted with
exports of crude materials for
further use in manufa cturing
amounting to about $59,000,000.
For the eight months of the fiscal
year ending in February, these
same figures respectively are $685.
100000 for imports and $345,OO0,-
900 for exports. During the same
eight months of the year before
the figures were $336,OOO,OO0 for
imports and 1925, 100000 for ex-
ports. The exports of crude ma
terials are relatively smaller and
the imports of raw products ma
terials that are turned into articles
of higher grade in the factories of
the United States have increased
very greatly.
The imports of manufactures
for further use in manufacturing
we're $3O,OOO,OO0 in February and
the exports 59,OOO,OOO. For the
eight months period the imports of
manufactures for further use in
manufacturing were $203,000,000
and the exports $377,O 100000. These
same figures for the eight months
of the year before were 1857 ,000,-
600 for imports and $20S,OOO,OOO
for exports.
All of which is the smallest part
of the story. The imports of man.
ufactures ready for consumption
in February were $26,0O0,000 and
the exports of completed articles
we're $179, 100000. For the eight
months these imports were $780,
OOO, 1000 and exports of the finished
products $1,122, 100000. For the
same eight months of the fsca
year 1915 the imports of completed
manufa ctures amounted to $243,'
100000 and the exports to $429,'
100000.
The bulk of the imports of crude
materials consists of commodities
not produced in this country, such
as rubber, etc. The United States
is now the workshop Of the world
That's why the country is enjoy
ing its unexampled prosperity.
The Mt. Sterling advocate., 1916-05-02

OF all places on earth, home is
the most delicate and sensitive.
It's chords move with breath; its
fires are kindled with spark; its
flowers are bruised with the least
rudeness. Here our hearts wear no
covering, no armor. Every arrow
strikes them, every cold wave blows
full upon them. If we would have
true home, we must guard well
our thoughts and actions.
The Mt. Sterling advocate., 1916-05-02

Many child goes astray, not be-
cause there is want of prayer or
virtue at home, but simply because
home lacks sunshine. A child needs
smiles as much as flowers need
sunshine.
The Mt. Sterling advocate., 1916-05-02

There are two places where you
can always bob up uninvited with
out being snubbed - the church
and the saloon.
The Mt. Sterling advocate., 1916-05-02

We heartily approve of the short
skirt. 1t is Enthusiastically sanitary
and remarkably refreshing to the
masculine eye.
The Mt. Sterling advocate., 1916-05-02

Dy NiituC VI a JuuShShe ohN
order Of sale of the Montgomery
Circuit Court, rendered at the April
Term, 1916, thereof, in the above
cause, the undersigned will, on the
18th Day of May, 1916
at one o'clock, p. m, or thereabout,
(being Court Day., proceed to offer
for sale, at Public Auction, to the
highest bidder, on a credit Of six
and twelve months, at the Court
house door, in Mt. Sterling, KY,
the property mentioned in the judg
ment, to wit:
A certain house and lot of
ground on the south side of High
street, in Mt. Sterling, KY, and
bounded as follows:
Beginning at a point at the s. E.
intersection of High and Sycamore
streets; thence along the south side
of High street eastward about one
hundred and eighteen and one-half
feet (11812) to the line of A. NJ.
Bourne formerly Guerrant) thence
with Bourne's line southwark sew
enty five feet and nine inches (75
feet, 9 inches) to the line of Ed.
William formerly J. b. Taulbee) !;
thence with his line westward one
hundred and twenty-five feet eight
inches (122 feet 8 inches) to Will
liam's corner on the east side of
Sycamore street; thence with the
east side of Sycamore street seven
ty-three feet S12 inches to the
beginning; being the same property
conveyed by J. w. Hayden, etc, to
Mrs. Eliza B. Moberley, etc, by
deed of date the 14th day of June,
1907, and now duly Of record in
Deed Book 60, at page $50 in the
Montgomery County Court Clerks
office, but the said property is sub
ject to a right of passway 10 feet
in width extending from High
street along the eastern line of the
said lot to the lot now owned by
Ed. l.. William.
The purchaser will be required to
give bond, with approved security,
for the payment of the purchase
money. TO have the force and effect
of a Replevin Bond, bearing legal
interest from the day of sale, ac-
cording to law.
Bidders will be prepared to
comply with these terms. A lien
will be retained on the land sold till
all the purchase money is paid.
Bond payable to the undersigned
Commissioner.
VIM. A. SAMUELS,
43 3t Master Commissioner M. c. c..
The Mt. Sterling advocate., 1916-05-02
Commissioners Sale
MONTGOMERY CIRCUIT COURT.

Mrs. Bessie NJ. Howell, etc. .Plt'ffs.
VS..
c. o. Moberley, ETC., $50. .Def'ts.
The Mt. Sterling advocate., 1916-05-02
18th Day of May, 1916,

on the
18th Day of May, 1916,
at one o'clock p. m, or thereabout,
(being Court Day., proceed to offer
for sale at public auction to the
highest bidder on a credit of six
and twelve months, at the Court
house door in Mt. Sterling, Ken
lucky, the property mentioned in
the judgment, to-wit:
Two lots of land lying in the city
of Mt. Sterling, Montgomery county,
Kentucky, described as follows:
First lot-Lying on the south
side of West High street, fronting
127 to 130 feet on said street, and
having a depth of $50 feet or more,
bounded on the north by said street;
on the east by the lot of Henry
Maher; on the south by that of
Richard Reid Rogers and on the
west by that of A. W. Stofer and
wife.
| will first offer the eastern half
of said lot for sale, and if it does
not bring enough to satisfy this
judgment, will then offer the west
ern half, and if it does not bring
enough to satisfy the judgment, l
will then offer the lot as
whole, and will accept the bid
or bids realizing the most money.
Each of said lots will be about GA
or 65 feet wide along High street
and $50 or more feet deep.
Second lOt-Lying on the south
side of Holt avenue, beginning at
Il point in the south margin of
said street, corner with Mrs. Anne
Barrow; thence with said margin
of said street 65 feet to a corner
with 7. M. Ricketts,; thence leav-
ing the street and with said
Ricketts, line 260 feet to Mrs. J. L.
Marks line; thence with her line
65 feet to the corner of said
Barrow's lot; thence with the line
of same 260 feet to the beginning,
subject to the reservations for an
alley along the rear of this lot as
heretofore provided by deed, or
sufficient of said property to pro-
duce $lS22.64, the amount of the
debt, interest and costs. so ordered
to be made.
The purchaser will be required to
give bond, with approved security,
for the payment of the purchase
money, to have the force and effect
of a replevin bond, bearing legal in
terest from the day of sale, accord
ing to law. Bidders will be prenar-
ed to comply with these terms. A
lien will be retained on the land sold
till all the purchase money is paid.
Bonds payable to plaintiff to ex-
tent of debt, interest and cost, and
for any excess, to defendant.
VIM. A. SAMUELS,
43-3t Master Commissioner NJ. C. C.
The Mt. Sterling advocate., 1916-05-02

The wise man transacts his busi'
ness and gets out. The fool
moves only when kicked.
The Mt. Sterling advocate., 1916-05-02
Pumps and Filters

If you need q new pump Or filter
get prices from me before buying
I am sure I can save you money.
C. p. Pierce.
Phone 706. ST.
The Mt. Sterling advocate., 1916-05-02
Commissioners Sale
MONTGOMERY CIRCUIT COURT.

John G.. Winn ...........P Plaintiff
VS..
Nellie M. Brown ...... Defendant
The Mt. Sterling advocate., 1916-05-02
Notice of Sale in Equity,

By virtue of a judgment and or
der Of sale of the Montgomery Cir
cult Court, rendered at the April
Term, 1916 thereof in the above
styled cause, the undersigned will,
on the
The Mt. Sterling advocate., 1916-05-02
a man.

A mans a man only when he is
a man.
The Mt. Sterling advocate., 1916-05-02

3 boxes Mothers Oats for 25 cts.
at j. B. Whites.