davidaulloa/AmericanStories huggingface dataset:
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
ORIGINAL NOTICE

State of Iowa, Harrison County, IS:
In the District Court of the State of
Iowa, in and for Harrison County,
al the November Term. A. u. 1878.
William Fisher, Plaintiff.
To Enoch BUGGY and w. H. Edgar,
EcfenGants.
To Enoch Bueoy and W. H. Edfar,
Defendants:
You are hereby notified that Oh or
before the 25th day of October, 1919,
petition will be filed by said Plain
tiff, William Fisher, in the office Of
the Clerk of the District Court of
said County and State, claiming of
you, judgment in rem for $1243.O
and interest thereon at percent per
annum from May "a, 1919, against
the property hereinafter described,
on two promissory notes, one execut-
ed by Ed Haakinson and Carrie Haak-
inson to plaintiff for $1,000, and one
executed by defendant, Enoch Bueoy,
to plaintiff for 5000. Also asking
judgment for 1884 and interest
thereon at percent from June a,
1919, for taxes paid on the following
described premises. Also asking the
foreclosure of the mortgage deed
executed and delivered by the said
Ed Haakinson and Carrie Haakinson
to plaintiff on May "a, 1916, securing
the said $1,000 note on the following
described real estate, to-wit; Lot 8
in Block 45, Blairs Addition to the
town of Missouri Valley, Iowa. Also
asking for the foreclosure of GER
tain mortgage deed of Defendant,
Enoch Beuoy, on said property, exc
cuted and delivered to the plaintiff
and securing the said 5000, Also
praying for all equitable relief, but
no personal judgp ent is asked against
either of the defendants.
And that unless you appear and de-
fend before noon of the second day Of
the next term of the District Court
commencing at Logan, in said Coun-
ty, on the 4th day of November, 1919,
default will be entered against you
and judgment rendered thereon.
Dated this 10Th day of September,
1919.
WILLIAM FISHER, Plaintiff.
c. w. Kellogg, Attorney. Oct2-9-16-23
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02

Mr.. and Mrs. j. L. Parker of Lin
coin, Neb., were the guests of Rev.
and Mrs. j. M. Baker. Thursday.
They were on their way to South Da-
kota.
Missouri Valley is getting quite
metropolitan. Thu New York City
milkmen are under investigation for
charging 16 cents quart for milk.
Missouri Valley is to ray the same
price.
Goodwin and Rod,,, port the sale
of the w. w. Reser residence proper
ty at 2O4 North Second street, to Jo-
seph Reifenrath.
Mrs. John Pollard, who has been
the guest of friends and relatives in
this city and vicinity, departed today
for her home at Anadarko, Okla.
Stanton McGavren returned to
Ames, To-, this morning, to resume
college studies.
Mrs. Moore, who has been the guest
of Mrs. E. j. Casey, has returned to
her home at Mondamin.
DIR. Hugh Tamisiea reports the
birth of ten pound boy to Mr.. and
Mrs. Paul A. Hamilton.
Mr.. and Mrs. Dan Hansen and son
have returned from a visit with rela-
tives at Milford, Iowa.
Mrs. j. S. Halst ,ad of Chadron,
Neb., is the guest of her brother, R.
Dellis Jones, and family.
Miss Inga Gun lerson leaves Sun
day for Chadron, b, where she will
assist in the w. 8. ,s.atterlee house.
hold.
Miss Rose Pasha is spending few
days with Omaha friends and rela-
tives.
The Owen Engineering and Con-
struction Co. is installing a Western
Electric lighting plant at the George
Weaver home. near Little Sioux.
A marriage license was issued IN
Omaha, Thursday, to Henry West
and Nellie Walton, Of Mo. Valley.
M. D. Mac Kinnon has purchased
the Earl Doty residence property at
STA North Third street.
Mrs. E. w. Brown of Willard, Ohio,
has arrived for a visit with her sis
tiers, Mrs. John F. Clinkenbeard, and
Mrs. E. T. Giddings.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
RESOLUTIONS OF RESPECT.


Whereas, the Supreme Ruler of the
Universe in His infinite wisdom has
removed from our midst Brother R.
G. Jaeger, an honored member of our
lodge;
Resolved, that we extend to the be-
reaved family our heartfelt sympathy
and coincidence in this their hour Of
deep sorrow.
Resolved, that these resolutions be
spread on the records of our lodge,
that copy be sent to the family of
our deceased Brother, and copy be
sent to the Daily Times for publica-
ton.
Resolved, that the charter of our
lodge be draped in mourning for a
period of 80 days, out of respect for
departed brother.
G. w. Burbank,
H. P. Cox,
S. r. Paulson,
Committee.
Hall of Mo. Valley Lodge No. 10,
|. o. o. F.
|. o. o. F. Mo. Valley, Iowa. Sept.
"a, 1919.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
COMMON WITCHHAZEL
FINE FOR SORE EYES

1t is surprising how quickly eye in
flamation is helped by common witch
hazel, camphor, hydrastis, ETC., as
mixed in Lavotik eye wash. One
elderly lady, who had been troubled
with chronic eye inflammation for
many years, was greatly helped in two
days. We guarantee a small bottle
of Lavotik to help ANY CASE weak,
strained or inflamed eyes. aluminium
eye cup FREE. Doty & Peterson,
Druggists.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02

Mrs. John Anderson of Emmett,
Idaho, who has been the guest of her
sister, Mrs. j. S. McGavren, depart
ed this morning for her western home.
Mrs. j. S. McGavren and Mrs. Ruth
Compton accompanied her to Omaha.
Louis Price arrived this morning
and will resume his old position in
the shops. He has just been dis
charged from the English army, and
served in Palestine.
A. Spooner & Son will hold their
annual sale of blooded Hereford cat
tie at the Fair grounds, Wednesday,
October 8. Buyers are expected from
all over this western country.
The trouble at Omaha seems to have
died down completely as soon as the
federal soldiers arrived. Gen. Wood
IS now in charge of the situation.
Mr.. and Mrs. NJ. M. Ramey depart
cd today for Humboldt, Neb., where
they will make their future home. Mr..
Ramey having purchased an interest
N lumber yard in that city. A Mr..
O'Dell of Hallock, Mimi, will arrive
this week to take charge of the H. R
Newton Co. interest in this city.
These fall rains are sure fine for
the fall blowing and seeding. After
it has cleared up, watch for as beau
tiful an October as person could
wish.
The dance last evening, given by
the Fair Store management in honor
Of the opening of their new store, was
very we'll attended, and everyone pres
cnt report very enjoyable evening
Crea Purcell has returned home
from the hospital at Omaha. He is
gaining nicely, but is still very weak
Mrs. Ella Bowman departed Tues.
day for visit with relatives at Lew
.stown, Missouri.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
100 cakes White Borax Naptha Soap
THERE'S A BASKET STORE NEAR YOU

Mrs. w. w. Foote entertained a
number of lady friends at six
0 CLOCK dinner, last evening.
Mrs. John Christman and family
went to Omaha this morning, where
they will make their future home.
Miss Ruby Anderson of Council
Bluffs, who was the guest of Mrs.
Andy Wheeler and daughters short
time ago, passed away last night at
the Mercy hospital.
Mr.. and Mrs. H. L. Aldridge leave
Wednesday morning for Bowen, ILL.,,
where they will be the guests of rela-
tives and friends for a few weeks.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
ATTEMPT TO STEAL CAR.

A few nights ago, thieves attempt
ed to steal Ford car from C. H.
Deur. They succeeded in backing the
car out of his garage, which is locat-
cd near his home, and pushed it down
10 Ontario street on the south side of
the lumber yard. Here they had to
give it up, as the car refused to run
On it's own power, due to the thought
fulness of an employee who had cross
cd two wires in such a manner that
the auto coull not be started.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02

The Valley Poultry Co. shipped an
other car of poultry to the eastern
market this evening.
DR.. and Mrs. H. L. Roberts enter
tanned few friends last evening in
honor of Mr.. and Mrs. M. M. Ramey,
who are soon to leave for their new
home in Humboldt, Neb.
C. R. Stout and Co. have taken the
local agency for the Maxwell and re-
ceived four cars today.
Goodwin and Roden report the sale
of the Geo. Mendenhall residence
property, at 211 West Superior street,
to Ross Thomas.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
FIRST DIVISION MEN HOME.

Sergeant Frank Burke, Sergeant
Glenn T. Ball, First Class Private
Lyle Ball, and Antoine johnson, all
members of the famous First Divis-
ion, the grandest fighting organiza-
ton the world ever produced, arrived
home this morning. John R. Barring
ton, also a member Of this Division,
did not arrive with the boys this
morning, having stopped off in Iowa
to visit relatives.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
IMPROVEMENT LEAGUE.

The October session of the Improve
ment League will not be held until
Thursday, Oct. 8, as many members
anticipate attending Ak Sar-Ben that
day. Remember the date, Thursday,
Oct. 8.
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
THANKS.

We take this method of thanking
the shop men for their kindness and
assistance during my illness.
c. E. Waterhouse and Family. p
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02
Sr:N2yHyK2yNYNyGNNE1
These Tres Are
a Revelation

The Brunswick frankly combination of the best in tire
building.
There is tread that's supreme beyond question And
that is on Brunswicks.
There sdewal construction, which, by every test
holds the summit place for that ono
adopted for Brunswicks.
Fabrics differ per their strength tests
On Brunswicks the maximum long fiber is the standard.
There additions each expensive which add
vastly to tire mileage The Brunswick embodes all these
extras.
There patents formulas to prevent any
maker from building the best simply question Of
knowledge and slil-cost plus
Brunswick standards known the world over The very
certies extraordinary tire Yet Brunswicks
more than liketype tires
Buy ONE Brunswick It will prove that better tire
not be bought, regardless of Price
THE Observation-Disclosures co.
Omaha Headquarters 1909 Farnam Street
Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1919-10-02

State of Iowa, Harrison County, IS:
In the District Court Of the State of
Iowa, in and for Harrison County,
al the November Term. A. y. 1878.
William Fisher. PLAINTIFF
The Alaska daily empire., 1919-10-13
LODGE ASSERTS THAT JAPAN IS A MENACE
 TO WORLD PEACE
Says That Japan Will Use China's Man Power to Imperial Peace Unless She h Re-
 strained

{ WASHINGTON, Oct Z. 13.-Sesator Henry Cabot Lodge told the Senate that Japan is building a, far eastern empire which win become a peril to America and will threaten the worlds safety. t"o.i .T
 The urged the adoption of h.s clause returning the rights Of Shan tung to China. < He said Japan was getting control of China steadily and relentlessly. He said Japan intends to use China's vast resources and man power to endanger the safety 0l Europe and America.
 The Senator declared that he was unable to see how any conscientious American "can consent to an act of the treaty that will extend Japans power in China, especially when the United States drew China into the war with the implied promise to protect China's rights at the peace table"
The Alaska daily empire., 1919-10-13
MRS. C. C. BAKER IS STRICKEN ON BOARD
 STEAMSHIP ALASKA
Boat Is Delayed Until She Could
 Be Placed in Hospital-Was Headed For Ketchi.

SENTTLE,li Oct. 13.-Mrs. c. C. Baker of Kittitas county was sudden ly stricken with paralysis aboard the steamship Alaska just as the vessel was leaving port for the north Sat urday morning. and the boat was held until she could be taken off and sent to the Seattle General hospital Her condition is reported to be seri ous.
 Mrs Baker was en route to Ketchi kan to spend the winter with her brother. Floyd Ryus. druggist. She was accompanied by her adopted son Ronald White.
The Alaska daily empire., 1919-10-13
ICE WINS OUT
 AND STEAMERS
 ARE FROZEN IN
Four Boats on the Yukon River Are Caught-Passengers and Crew Will Go Overland
 To the Coast

SEATTLE, Oct. 4 13.--Advices re- ceived here Saturday say the steam CTS Yukon and Washburn are re. ported having been caught in the Yukon river ice 20 miles from Circle. They were headed for Dawson for their winter berths and had aban. doned their barges in order to make the race against the ice.
 The advices say they will be unable to get released before spring. A hundred and twenty passengers and sixty of the crew are expected to walk to Circle, thence via dog team to Fairbanks and from there over the Richardson trail to Chitina and Cor dova, where they will get steamers for Seattle.
 The steamers Alaska and Seattle No. are caught of Cliff creek, GO miles below Dawson.
The Alaska daily empire., 1919-10-13
SENATOR JOHNSON ENDS HIS TOUR AT
 SALT LAKE CITY

SALT LAKE CITY, Oct. 13.-Sen ator Hiram w. Johnson ended hi speaking tour here Saturday night speaking to the largest audience dur ing his trip in the Mormon Taber nacle. The crowd was estimated al from 5000 to 10000. The people cheered the statement of Bishop Nibley. of the Mormon church. whc presided. that everywhere sentiment was changing against the treaty.
The Alaska daily empire., 1919-10-13
FOOD BILL NOW READY TO SIGN
 BY PRESIDENT
Measure With Teeth In It To Head Off Hoarders and ProfiteerS Ready
 For the President

WASHINGTON, Oct. 13.-The Sen. ate and House have adopted the con- ference report extending the food control act to include clothing and food provisions. It provides punish ment for hoarding and profteering.
 The bill is now heady for the Pre- sident. It is considered an effec' tive weapon against the high cost of living, a campaign which is now being waged by all federal and state and city officials.
The Alaska daily empire., 1919-10-13
ALL ALASKANS MAY SOON PICK WIVES
 FROM CHECHACOES
Indications Are That There Will Be a Rush of Women North
 During the, Spring

SEATTLE. Oct. 13.-Girls and young women in many states are flooding the Alaska Bureau of the Seattle Chamber of Commerce with inquiries about Alaska, saying they intend to go north in the spring.
 The Bureau is wondering if re- cent magazine article dealing with the shortage of wives in Alaska may be responsible for the active demand for information and the desire of so many women to invade the north.
The Alaska daily empire., 1919-10-13
STRIKE PARADE IN BREST PORT

PARIS, Oct 13.-Four thousand men employed at the arsenal at Brest, France, the port of entry and departure for the Americans during the war, joined the strikers there and paraded carrying red and black flags. The strikers assaulted the of- ficers and opened the hydrants and flooded the streets.
 In the area of Marseilles a general strike has been renewed. Traffic is at a standstill.
The Alaska daily empire., 1919-10-13
RIGA SUFFERS FROM GUNS OF
 THE INVADERS
No Vessels Are Permitted To Leave KieI-Letts Land at libau on the
 Baltic Sea

HELSINGFORS, Oct. 13,-Riga sui fered considerable damage from the bombardment by the German and Russian troops before they captured the city from the Let's. Especially the district near the railroad suf fered.
 The enemy's attempts to cross the bridge was repelled, according to re ports received here from Reval Many civilians wore killed and wounded from the effects of the bombs dropped on the city
The Alaska daily empire., 1919-10-13
SuNDAY,S ADYICES

SAN FRANCISCO, Oct. 13.-Sun- day advices said that five West bound flyers in the transcontinent- al race were in a fair way to reach their destinations Monday. Six oth- CTS were in Nebraska with the pros poets of finishing Tuesday.
 Captain Harry DraytOn retains the position as second in the race Wcstbound, following Lieut.. May hard. the Flying Parson," who arrived at San Franiisco Saturday Captain Drayton suffered a slight accident to his machine and was forced to land at Lovelock, Nevada It was expected he would start again Monday.
The Alaska daily empire., 1919-10-13
DIRECTOR HINES SAYS UNAUTHORIZED STRIKES
 NOT BE RECOGNIZED

WASHINGTON. Oct. 13. - Rail- road Director Hines today said that strikes of railway employees like those at Altoona, which were unau- thorized by any labor or interna- tional unions. created the basis for the arguments that 1t was nonsense to deal with them as they will not obey their own union leaders; there fore they make the orderly handling of business impossible. The AL tooHa strikers are returning to work.
The Alaska daily empire., 1919-10-13
MONTENECRINS
 KILL SERBIANS

PARIS, Oct 1'-The Montenegrin forces have inflicted heavy losses on the Serbian detachments in Montene- gro, as the result of an instruction against Serbian rule, and the attacks are being continued.
 According to the Montenegrin For eign Minister the Allies have asked the Serbians to be ordered out of Montenegro. Outrages against old men and women and girls and prison CTS are charged to the Serbians.
The Alaska daily empire., 1919-10-13
ALASKA LAW ON
 ASSESSMENT IS
 DECLARED VALID

WASHINGTON, Oct 13.-The Supreme court in a decision rendered today .upholds the constitutionality of the Alaska legislative act of 1915. requiring the filing of affidayits show ing that the annual assessment work on, mining claims has been done. The court refused to interfere with the conviction of G. A. Vedin, of Fair banks, sentenced to serve three years under the statute.
The Alaska daily empire., 1919-10-13
His Log Book Shows That He Made the Trip in Less Flying Time Than
 Any Others
MAY ABANDON THE RACE
Possibility That the Return Part of the Race May Be Called Off or New
 Route Given

MINELA, N. Y., Oct. 13.-Captain Smith arrived here today third, fol- lowing Lieut.. Kiel and Major Spitz.
 Smiths log book shows his fly ing time to be 24 hours and go r'i"utes. Lieut.. Maynard's los book shows "A hours and 59 min utes. Smith claims he won the first half Of the race owing to the fact that he has the record for the best flying time.
The Alaska daily empire., 1919-10-13
CONFERENCE MAY TAKE
 HAND IN STEEL STRIKE

WASHINGTON, Oct. 13. Tho steering committee of the Industrial Conference in session here plans to report tomorrow on organized la bor's proposal for a National Indus trial Conference to arbitrate the steel strike.
The Alaska daily empire., 1919-10-13
JEFFERY IS NAMED
 STATE COMMISSIONER

SEATTLE. Oct. 13.-F. R. Jeffrey of Kennewick has been named state commissioner of the American Le- zion. Delegates to the national con vention were instructed to work to get the next convention held in Seat tie.
The Alaska daily empire., 1919-10-13
NEW CHAPTERS ARE
 NOW SHOUTING LAVA

HILO, Oct. 13.-Several new crat-' CTS are reported to have broken out on Mauna Loa. One of these is sprouting lava in the air a distance of 400 feet.
The Alaska daily empire., 1919-10-13
KEEL ARRIVES FIRST

MINEOLA, N. Y., Oct. 13.-Lieut. E. c. Kiel was the first to arrive here Saturday of the flyers mho left San Francisco for the coast East bound. Major Spatz. arrived 20 seconds later.
The Alaska daily empire., 1919-10-13
REQUEST IS APPROVED

PARIS, Oct. 13.-The Supreme Allied Council has approved Kolchak and Denikine's request that Russian war material captured by the Ger mans and held by the Allies under the armistice terms is to be turned over to them for use against the Bolsheviki forces.
The Alaska daily empire., 1919-10-13
DRAYT0N FORGED TO LAND

SAN FRANCISCO, Oct. 13.-Lieut. B. w, Maynard's unofficial flying time for the 2,750 mile trip from Mineola, N. Y., to San Francisco as announced Sunday was "A hours, 56 minutes and 55 seconds.
 Captain Drayton, who is the near est in the flight to Lieut.. May nard, was forced to land at Love- lock, Nevada. owing to engine trou- ble,
The Alaska daily empire., 1919-10-13
UNKNOWN STEAMER
 ON FIRE AT SEA

BOSTON, Oct 13.-An unknown steamer believed to be 600 miles southeast of New York has signalled for aid, reporting that she was on fire. Two coast guard cutters have been dispatched in the hopes of be- ing of assistance.
The Alaska daily empire., 1919-10-13
MAY ABANDON RACE

NEW YORK, Oct 13.-The Amer jean Flying Club has intimated that the transcontinental race might be stopped. The machines are still due to make the return journey, ulGer the first terms outlined. In case the race is continued. the Hco,Hses will be shifted through the more Southern route in order to avoid the severe weather of the Western mountain ranges farther North.
The Alaska daily empire., 1919-10-13
BANK CLEARINGS FOR
 SPOKANE BREAK RECORD
 FOR SEPTEMBER MONTH

SPOKANE. Oct. 13.-Bank clear ings in Spokane in September broke all records, the total of $62,O18,- 67S passing through the local banks during the month. The pre- vious high record was reached last month with $46,154,139. The gain over September, 1918, was 62 per cent.
The Alaska daily empire., 1919-10-13
NEW RED OFFENSIVE

LONDON. Oct. 13.-A Bolsheviki wireless says We are assured of an offensive in Tasritan region along the whole front between the Don and Volga rivers. Operations are now developing successfully between the Don and Ketlubano."
The Alaska daily empire., 1919-10-13
SENATOR IS ROASTED

PHlLADELPHIA, oct. 13.-Dr Derkum, one of the specialists who were called into consultation by Dr. Grayson regarding the condition of President Wilson, today assailed Senator Moses for the statement that the President had suffered a cerebral lesion and the concentration of his mind might reopen the lesion with fatal results. Dr. Derkum said it was nothing more than silly runor to repeat such things.
The Alaska daily empire., 1919-10-13
TERMINAL YARDS
 TIED UP BY MEN

NEW YORK. Oct. 13.-Eleven thou sand union teamsters and chsuf- feurs and helpers have struck here tying up the railroad terminal yards. They want a fiat increase of $25 per month and an eight-hour day.
The Alaska daily empire., 1919-10-13
COL. E. M. HOUSE
 ARRIVES FROM THE
 PEACE CONFERENCE

NEW YORK, Oct 15-Col. F. M. House arrived here Sunday from Paris, where he has been represent ing America on the Allied Peacs Council, on the transport Northern Pacific. He is suffering from a slight attack of lagrippe. He said he was much better. although he was helped down tho gangplank by friends.
The Alaska daily empire., 1919-10-13
EACH TEAM WINNER
 OF GAME FOR THE
 MINOR CHAMPIONSHIP

LOS ANGELES, Oct. 13.-In the game here Saturday Vernon won from St. Paul by a scorc of 12 to ? for the championship of the minor leagues.
 In Sundays game St. Paul won from Vernon by a score of to l.
The Alaska daily empire., 1919-10-13
NO SHIPS ALLOWED TO LEAVE
 KEEL

BERLIN, Oct. 13.=No ships are be ing permitted to. leave Kiel, accord ing to the Vossiche Zeitung and Stet- tin ship owners have wirelcssed yes call in at the nearest port.
 Berlin dispatches say 50.O0O Let's have been landed from British war ship at Libau and will attack the flank of Col. Avaloff's and Der mOndt's troops.
The Alaska daily empire., 1919-10-13
KING AND QUEEN
 ENJOY FLIGHT IN
 "A HYDROPLANE
Tirst Flight Taken By King Albert Since He Arrived With His Party in the United
 States

SANTA BARBARA. Oct .13.-The King and Queen of Belgium made 8 l5 minute flight in a hydroplane Sat urday, which is the first flight made by the King since arriving in Ameri ca. The royal party will be the guests of Herbert Hoover three days and a number of brilliant events have been arranged for their entertain mont.
The Alaska daily empire., 1919-10-13
CONFLICTING REPORTS ABOUT CONDITION OF PRESIDENT BY
 NEWSPAPERS AND OFF|C|ALS--
 LEGAL QUESTION CONSIDERED

WASHINGTON, Oct. 13.-An of ficial bulletin issued from the White House this morning said the cold weather was aiding in the Presidents s recovery. His physicians say only . complete rest and quiet from exec utive cares can avert setback a-
 The question of interest just now Is whether the Cabinet, the United States Supreme court or Congress should delegate power to the vice president, under the Constitution, to act in the place of the President, should his disability continue.
 Dr. Grayson today refused to dis cuss reports regarding the condition of the President. He said the Pre-, sident,s mind was clear and capable of forming instant judgment on any matter.