davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
Reasons for HIS Ruling.


Tn Mllspaugh VS.. Potter coz Appel
late Division 521). Mr. Justice Smith
said. at page 524: There II was sought
TO prove II confession by the wife 70 The
husband which Is clearly within the
protect on of the statute
"Judge Parker In Warner We. The
p. p. Co. (132 N. Y, 1919 on page 1855
said: The evidence offered could have
no purpose useful to the defendant I'M
less II tended to show that during such
a conversation with her husband she
said or did. or omitted to say or do
something from which 1t might be In
ferred that there existed an unlawful
intimacy between her and Smith. A
conversation on such a subject between
husband and wife seems to us to be
clearly within the protection of the
statute
"The appellant calls our attention TO
tho decision Ira Parkhurst vs. Berdell
t110 N. Y. SS6-s93), in which Judge
Earl. in speaking for the court, said
What are confidentiaS communications
within the meaning OF the section?
Clearly not all communications made
between husband and wife when alone.
They are such communications
rs are expressly made confidential. or
are such as are OF a confidential nature.
or Induced by the marital relations
t Clearly the definition given does not
exclude such n conversation as tho de-
PENDANT desired TO prove from the pro-
lection Of the statute. It's nature was
not only confidential but Il was appar-
entity induced by the marital relation,
for Il c@Eaot be conceived that such a
topic would have been the subject OF
discussion but for the existence Of such
relation bteween the parties.
"A further test by which to determine
whether n communication Is confidential
IN suggested by the learned Judge In
cnnracterizing the nature of the CONVEX
nations sought to be excluded in that
case. He said: They were ordinary
conversations relating 10 matters Of busi-
ness which there Is no reason to sup
pore he would have been unwilling to
hold in the presence Of any person.
at cannot be supposed that both
husband and wife would have heen will
ing 10 discuss such a subject In the
presence OF other persons or would have
consented to repetition OF the CONVEX
eation by either party TO II Its nature
and the relation OF the parties forbade
the thought OF its being told 10 others,
and the law stamps X with that seal OF
confidence which the parties In such
situation would feel ne occasion to
exact
I'm Hanor Va Housel (I2s Appellate
Division SOD said Mr.. Justice Sewell
on Page so3 1T is equally clenr that
che Court did not err In excluding the
affidavit OF the wife. or that part OF
the conversation between her and the
piaintiff which tended 70 show that the
defendant had had criminal Intercourse
with her. They were not only conf
Dental but they wer~ apparently induced
by the martial relation and clearly
within the prohibition of Section sal OK
the Code OF Civil Procedure. which pro-
vides that "a husband or wife shall not
be compelled. or without the consent OF
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

the other IL living. allowed TO disclose
confidential communication made by
one TO the other during marriage"
There are actions not .1unded on the
charge OF adultery where the communi-
cations were held not to be confidential
In actions for the alienation OF wife's
affection proof OF the Ill treatment or the
wife by the husband Is competent Pro-
fame ard abusive language used by him
10 her is not a confidential communion
ton. (Millspaugh VS.. Potter. supra).
In Fowler VS.. Fowler. 33 Y. Y. ST. Rep.
7s6, II was held that declarations made
by a husband TO his wife the second
night after the marriage rat he did not
love her and had made a mistake In
marrying her. which was the beginning
of course of III treatment. was not a
privileged communication.
Norris VS.. Lee (136 Appellate Divi-
sion 6S5) was an action on promissory
note made by husband and wife. A
letter was written by the husband to his
wife to chronicle his daily doings. stat
ing that he would settle with the plain
tiff when he obetained certain moneys
1T was held that such letter should
not be excluded as a confidential COM
munication. The learned presiding JUS
tice Of the Appellate Division In this
department, Mr.. Justice jerks, said on
page 6S6 The letter is an ordinary
epistle wherein the husband writes TO
his wife TO chronicle the weather, his
daily doings, his efforts to find sum
mer place for the family and such petty
matters
1T contains a single sentence which
might be PERTINENT will settle with
your mother just as soon as l can get
my hands on the money from the mort
gage, which ! hope to do next week
/ think that this was not a confidential
communication within the inhibition
Of the code Of civil procedure (Section
1917.
1T is a debatable question whether
exhibits 3 TO Fl should be received upon
plaintiffs affidavit unaccompanied by
other affidavits. Matters plaintiff can
not testify to on the trial hearing on the
merits or special proceeding under Sec
ton sal OF the Code of Civil Procedure
he should not be permitted to place in
an affidavit on a motion of this kind
when the defendant objects. He cannot
testify TO the handwriting OF the defend
ant or of the correspondent in actions OF
this kind.
THE husband 6r wife In actions for
divorce founded on adultery is permitted
TO testify to the marriage or disprove
the allegations of adultery. And sec
ton 831 of the Code did not limit the
Continued on Following Page.
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
N . h ITTlTl cr rrcSplts OIlnI 1OuHy IA
ROLLO'S WILD OAT i$ss :
Ern q Today & Fri. Mats. 40th -.

PINCH & JUDY-SPEC. MAT. TO-DAY
Mon. .Tu., Wd ,Th . :3oP M .&Fri. &Sat. IA NJ
MIXED MARRIAGE hEE R xvi S2nS
with MARGARET wYCHERLY.
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

rCNTpaI Thes 47th & BY. Evs. S3oLast2
ILNiNhL LAST MAT. TODAY .30l III mes
DELYSIA ~ a Fl-.l..F, S'''
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
ADJUSTMENTS.

cATREs AND HITS, DIRECTION OF LEE AND D. j. sHuBERr
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
ADJUSTMENTS.

-'~F---7-1'-7S-E''"-7'''-
The Birmingham age-herald., 1921-06-01
CONFER DEGREES
 ON STUDENTS
Forty Ninth Annual Session of Auburn Institute Brought
 to a Close

Auburn. May 31.-(SpeciaD--The forty ninth annual session of the Ala tama Polytechnic Institute was brought to close at noon today when President Spright Dowell finished con- ferring degrees. on total of IA stu cents. 1S4 of which were receiving their first degrees, five post graduate degrees and five professional degrees. Like all other commencement exercises at Auburn. those this year were marked by their simple but yet ex- pressive ceremonies.
 | Immediately after Dr. Frank McVey, president of the University of Ken address, President Dowell in few well chosen words paid a very high. tribute to the graduating class; in which he referred to it as doubtless one of the most dependable and high minded body of young men and young women ever gotten together at any one institution. Throughout the year numerous prob lens have confronted the student body and especially the senior class, but all have been solved in a most satis- factory and constructive manner, he saiG.
 Referring to the recent work of a student government system for Au- burn, pr. Dowell said 1t was as near perfect as humanly possible for a body of students to make 1t. This plan will go into effect at the opening or col l lege next year and 1t is contemplated to have most wholesome effect on l the student body as a whole Dr. Dowell's final charge to the student tody was peculiarly impressive.
 T am today the sum of yesterday | end will be tomorrow the sum of what l have been in the past and am today" said the popular president who has in one year become urive-- sally loved by the student body, facuI- | ty and people of the town and with this final statement different groups of the graduting class were called to the stage and the degrees conferrea. | The baccalaureate address delivered l py Docton McVey just before the con- i 1errlng of degrees was one of the most material discussion ever heard in Au- burn In business-like way the Ken lucky university president presente numerous facts relating to educational and industrial conditions today, law Ing special emphasis on the import ance or agricultural education and dc velopment of the agricultural resources | or the state. His reference to the fun oamental place of agriculture, market Ing, research, cooperative education ana leadership was most impressive
The Birmingham age-herald., 1921-06-01
RURAL CARRIERS MEET
Nine Counties Represented at the
 Huntsville Gathering


 Huntsville. May s1-(SpeciaI. .)- Forty rural letter carriers, represent ing nine counties of northern Alabama held their annual meeting here yes- terday afternoon in the Rotary club rooms. Otto Hummel of Huntsville was elected chairman and A. P. Bean of Huntsville, secretary. After a ride over the city in automobiles, the vis- itors were taken to the Rotary club rooms for a dinner, where Joseph J. Bradley of the Merrimack mills acted as toastmaster. MT. Bradley delivered the address of welcome. The letter carriers had as their dinner guests Postmaster R. l.. O'Neal, Mayor w. T. Hutchens, Assistant Postmaster Steve Murphy, pr. Carl Grote, health officer. and P. 0. Aiken, secretary or the chamber of commerce
The Birmingham age-herald., 1921-06-01
Some Glass to This
 Still, Which Was
 Run From Furnace

montgomery. May 31.-(Special)- The largest still ever raded in Ala bama and probably the largest taken by state constables four miles from Salem, Lee county, according to a re- port received by the state office Of the constabulary today. The still was operated by steam from a brick fur mace 8 by 10 feet and had four large steam boilers, each having a capacity or l5O gallons; four 100 gallon distill- Ing suits, four 30 foot copper worms and two 1,500 gallon Der vats. Three thousand gallons of beer was de- stroyed.
 Constables on this expedition also destroyed two stills which were Aeiug operated on an island in the Chatta- hoochee river between Alabama and Georgia. No arrests were made
The Birmingham age-herald., 1921-06-01
JACKSONVILLE STATE
 NORMAL PR0GRAMME

Jacksonville. May 31.-(Special.)- Following is the commencement pro- gramme at the State Normal school. May 29 to 31, inclusive:
 Sunday. May 29--11 a. m., commence ment sermon, the Rev. J. E. Dillard. pastor Southside Baptist church. Bir- mingham; p. m., joint programme by Young Women's Christian association and Young Mems Christian association at the Baptist church.
 Monday, May 30-10:30 a. n.. senior class exercises; 8 to p. m, presidents reception to senior class at girls dor mntory; to II D.. m, Shakespeares Twelfth Night benefit performances Tuesday. May 31--11 a. m., alumni address. Maj. c. N. Sisson. Marion in- stitute. Marion: 8 to 5 p. m., exhibit O. work of the school, concert by school band; p. m, commencement address, pr. Shelton Phelps, Peabody College for Teachers. Awarding diplomas
The Birmingham age-herald., 1921-06-01
BABY PLACED IN JAIL.

Huntsville, May Especial )-The little baby of Mrs. Winnie Tucker, who with her husband. is in jail for tho land, at the Tucker home. has been placed in jail with her. Mrs Tucker claims that she did not intend to kill Nicely, but went to the rescue of her husband, whom Neely had knocked down. Then she struck him twice over the back of the head with . baseball bat. Neely's skull was fractured by both blows and his nose was broken. Neely's body was conveyed to Charity church. in the northern part of Madi- son county yesterday for interment
The Birmingham age-herald., 1921-06-01
BISHOP CANNON BREACHES.

Hamilton, May 5l.-tSpeciaI.)-- Bishop James A. C6nnon of the Metho- dist church preached a sermon on Christian education at the Methodisr church yesterday. A large audience was present. visitors being here from Haleyville. Hackleburg. Guin ana lother points. Ills address put en- thusiasm into the church workers which will be of assistance in the cam paign which the church has on.
The Birmingham age-herald., 1921-06-01
CROPS MAKING PRoGREss.

HuntSvlIIe, May 3l.-(SpeciaI)-- Crops of all kinds in North Alabama have made unusual progress during ti 1. last two weeks, because o5 tho hot sunshiny days. The farmers have been busy too and the crops are unusually clean. Rain ts now very badly needed.
Arizona republican., 1921-02-03
ASK FUNDS TO BUILD
 GRAND CANYON ROAD

Here for the purpose of securing an appropriation for the completion of the highway from Phoenix to the Grand Canyon; a number of wel1-known resi- dents of Williams were hobnobbing with legislators yesterday.
 It is understood that $150,000 is needed to complete the last link of 51 miles necessary to make the highway complete. The link lies from Clark dale to the Canyon. for which Coconino county by a bond issue has contrib uted $25.000. while the last session of the legislature made an appropriation of the same amount.
 Ed Hamilton, a wealthy cattleman of Williams and a good roads booster. said yesterday that if the appropria- tion was not made an effort would be made to secure funds through a good roads association which Phoenieians would be asked to join.
 Through its bond issue MAxicopa county will construct it's link in the road. the Black canyon being cared for by this appropriation. The road con- tinues from the Black canyon to Dewey on to Jerome. thence to Clark dale and on to Williams and the Canyon.
 l.. s. Williams. postmaster of wil- Hams; Ben Sweetwood, who has cattle interests in Williams, and Martin Beggeln, a stockraiser of the Grand Canyon. appeared with MT. Hamilton on the boost mission.
Arizona republican., 1921-02-03
001S7odGHZE0 IG2/ 6Y "


 She hasn't come outl Let me inl , must find hsr, ! know the way to her celli" Thus raved She's locked in. Why carte -wBu understand?" rsed my srnah strength to push past pcAorrison's ass stant He held me as a parent restraiis a rebellious child.
 Don't get txcited,r he said wen trust the old man."
 And what ceuld do but keep still and trust the old man? Even in the anxiety of thar awful moment it was plain to me thst there are situations in (which the em:ncipated female cannot Ncompete with he male, As in ancient fiays. she muS continue ito trust the bid mar,'' Am could easily get into fail and Marina and f could easily have her out, nut when the prison was &blaze we wcnen were helpless and forced to rely upon the strength and NudEment of tle males to save us.
 Once more was my trust in Nor fison justified He Appeared. present. fy. with an arqround my small sis ~4er-in- -lawi Ii.M to her and kissed her. Not oftel in my life had I done Nhat.
 Behind her anne fireman carrying on old woma. a pitiful, bedraggled. dhorrid creatur who swore at her Irescuer. I recognized the hoarse voice and the vocaliiary of the poor drunk -n things vince slang had assailed my ears when I rood at the door of Ann's cell.
 Morrison htnted up Martha and my car. It had ben pushed from the pri son yard and was parked behind the fire line. Tie wretched old woman
Arizona republican., 1921-02-03
COPPER SITUATION
 SERIOUS, DECLARES
 CANANEl OFFICIAL

T wonder if the great rank and fiis of the newspaper reading public real ize what a grave situation confronts the copper interests of this state, said T. Evans, president and general super intendent of the Cananea Consolidated Copper company of Mexico, yesterday,
 MT Evans was in Phoenix to give testimony before Examiner Keeler of the interstate commerce commission, that freight rates within the state of Arizona are already excessively high, as compared to other states, and that it is not fair to penalize the mining companies by raising these rates He stated that 90 per cent of the freight hauled is owned, either directly or in- directly, by the copper mining people, and that if raise were made the whole burden of the increase would fall on them.
 "The copper mines furnish employ ment and a means of livelihood to over one third the population of the state" declared MT. Evans, "and if this raise takes place it will only mean that many | moro of the mines will close down. l The Cananea Copper company. which
 usually employees from 5000 to 5000 1 people. has closed down completely. Of | a population of ordinarily over 10000, there remains in the town but about ' 5000 inhabitants-the remainder hav- ing been transported at the expense of
 the government and tho company to 1 the agricultural sections, where they 1 can remain and earn a living until the mines are in position to take them or
 again., And what is taking place in
 our country is taking place in Arizona
 It is only the beginning"
 Asked what he thought was the req son for all this, Mir. Evans said in his opinion 1t was caused by the loss of g foreign market. The United States ii the greatest copper producing country in the world, using but half of it's owr output and depending on the outel world to take the other half off he,
Arizona republican., 1921-02-03
CITY TO OBSERVE
 FATHER -SON WEEK

The week of Lincoln's birthday, Feb. 6-13, is Father and Son week. For over a month the Y. M. c. A. cabinet has been busy laying plans for the ob- servance of this occasion.
 For several years, the Young Men g Christian association held a Dig banquet for fathers and sons in the building. The banquet two years ago filled the lobby so full that it was real ized that other arrangements would have to be made, so last year the larger churches and the Rotary and Kiwanis clubs held banquets and other services for the dads and lads" The attend ance last year was as follows: First Methodist church. 76: Central Chris
Arizona republican., 1921-02-03
ConfesSionsofabride
Et7E090lnE AxS1(LlNN1N

CNEES kN7k6fN1l2 AxSCEkAM1H
 was hurried to a hospital in an ambu- lance, and then Morrison ordered us girls to go straight home--as if we were naughty college freshmen caught in a lark
 Not until we were out of the traffic jam did I demand her story from the
 tiny, grimy, but alert babe beside me Some yarn, I'll say!" Ann began. That drunken olds woman gave me some grand ideas for my play, And | tif-the smoke dance, Can't you see | it, girls, a ballet staggering around in blue smoke? I got the idea from the
 women tearing along the jail corridors!
 Just think what it would make on the stage, Disheveled-dishabi danes staggering, dropping, falling against 6 background of flames-until their dancing partners rescue them!'
 Never mind the smoke dance. Ann!
 Tell us all that happened to you,'' | Marthas quiet voice brought Ann tc
 her senses She replied:
 You and Jane hadn't been gone long
 when the prison matron dropped
 around to get acquainted She told ms about the awful old woman who wak | so awful drunk, Just think girls, Once that poor thing had been pretty and popular, And she's been in the workhouse more times than any other person on the records! The matror told me, And I guess she would have died in the fire-but for mel" l Ann spoke as if the old woman's
 criminal record added much to the derelict she had rescued.
 Gro Be Continaed)
Arizona republican., 1921-02-03

old q shall nice feI slip had hmself polar
 
  a yicked
  the safel the my
 
  Isntth cynodde
  of
  her always wha the  his to
  abou errand
Arizona republican., 1921-02-03

before adding to the milk.
 Tapioca Pudding With Peaches 1 pint canned peaches
 1 pint water and sirup F teaspoon salt
 1-3 cup minute tapioca
 F lemon Guice).
 Drain syrup from peaches and put peaches in a buttered baking dish Add enough boiling water to the sirup to make one pint Add salt and tapioca. Cook in double boiler till tapioca IS transparent. Pour the lemon juice over the peaches. Turn tapioca over fruit in baking dish and bake fifteen or twenty minutes. Serve hot with sugar and cream.
 Swise Steak
 1 sliced round steak cut about two inches thick
 1 cup flour
 6 or medium sized onions.
 Pound flour into steak Brown meat quickly on both sides in hot fat. Cover with boiling water and let simmer two hours. Parboil onions for five min- utes in boiling water. Drain and rinse and put to cook around the meat.
 Mary says: Personality may no. make a pudding but 1t often makes up for the lack of one,
Arizona republican., 1921-02-03

h,. mere is spray attached to the ts,L ~sfer fs4et in the bath tub the e. o' sieanifs the tub becomes very tn. s the tuh is really in need of n'reush s eles1ins the easiest wsv to n 's m the hollo~ina manner. W;n. ,...s. suo out with a cloth dampened tn coal oil. Scrub with wsrnn soan. ss'1s Is sne spray with hot water. There ice. wi ~i,I 1I hsss osol ss so., oil and the sur clean. ""sss tn@' stays
 Msn@ tor Tomorrow
 nreakfast-luckwhe cakes saus- apple satfe. coffee.
 Luncheon-C|ygter stec, oxstsr rhers ne.chs osk tapioca pudding with Dnner-swiss steak, scalloped po- .eoes' nrussef sprouts, apple pie,
 Mysown Recipes
 There are tAo kinds of oyster stew, miik and ,wat3r. The milk stew may ne thin or slightly thickened, but the water stew is sure to be thin. Unless s lot of brtt~l is used the plain stew is not very tempting The disadvant- sge of milk stew is the tendency of the oysters to curdle the milk The oysters should he thoroughly washed
Arizona republican., 1921-02-03
GOVERNOR ASKED ID HEAD MOVEMENT FOR
 YUMA VALLEY PARK

Asking Gov. Thomas E. Campbell to act as honorary president of the Gads- den park commission, the Gadsden Woman's club in it's letter containing the request outlined the ambition of the commission to secure r acres to be used as a recreation center for the en- tire Yuma valley
 The club will dedicate the park to the memory of Colonel Roosevelt and the governor has been asked to off ciate when the Roosevelt memorial park is dedicated
 The farmers of Yuma valley are CO., operating with the club women in their plans, which are set forth In the fol- lowing letter which has been received by Governor Campbell: Gadsden, Ariz. Hon, Thomas E. Campbell Governor of Arizona. Phoenix, Ariz
 Honorable Sir:
 On behalf of the Gadsden Women's club ask if you will accept the posi- ton of honorary president of the Gads- den park commission. The club is negotiating with the government, through our project man lager, w. W. Schleet, for securing Q tract of accretion land, IT acres, ad- joining the townsite, to be used for
 
 the entire Yuma valley.
 As this irrigation project was due to the efforts of the late Colonel Roosevelt, the club desires to dedicate tile park to his memory and name Ii the Roosevelt memorial park. The Gadsden Women's club held a bazaar at Christmas Nme and raised s400-the money to be used for trees I in the proposed park. The farmers ir lthis vicinity are giving their services towards clearing and leveling the land We also want to interest the friends and admirers of Colonel Roosevelt, 1T order to raise money by public sub. scription, to build an auditorium which will also serve as our clubhouse | Will you kindly give us your hell and any information in your power re garding the proper method of pro cedure in this enterprise. | We have written Mrs. Roosevelt asking her to kindly give us fev names of men who would be likely t be interested, and you, undoubtedly will know many more. When everything is in readiness. " would like you to officiate at the dedi cation.
 l We realize that we are inexperienced 1 in public work, but are very enthu siastic, and we need and will greatl, appreciate your help and advice. | Thanking you in advance for al early reply, I am-
 Yours respectfully. ELLEN AHNFELDT,
 Secretary.
 JESSIE M. SHARON, President.