davidaulloa/AmericanStories huggingface dataset:
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
ZINC SHELTERS QUIT
Last of Three Rig Plants ~ Bartlcs-
Vile 10 Close Down Next
Monday.

lly Associated Press state W.re
BARTLESNI1LE, Feb. c5.--Thc
Bart lesvillc Zinc company. tho last
~ the three smCltors remaining IN
operation west OF this city viii shu:
down its plant next Monday Bust
ness depression is given as tho rca-
son for the shutdown
The melter officials also state
tina; the price of ore * too high at
present 10 warrant them continuing
operations Officials state that they
do not know how long the shutdown
viii last but do not believe that it
viii be permanent. The smsltcrs
will again resume operations az soon
.d- present business conditions adjust
ihcmsClNe tu point that tho plants
can again operate ON q satisfactory
business, declare officials.
Tho bHynon-S Starr was tho first or
tho smcltcrs to close on account Ot
present conditions Tho plant closed
soon as their supply Of ore was cX-
hpustcd Tho National Zinc com
ptny ceased operations on thc-Sth
Of tho month giving the same reason
for closing as the others.
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
Acquit Two Suspects
in Jailer Murder Case

y,-.at.ated Press state Wire.
N'ALESTER. Feb. 25.--Attor DC
lib,r,fiug one hour the jury in the
r.s. of Mrs. Lille clark and Hale
T,,lor. both charged with being i'm
.rH.4t,d i'm the murder of Jack
Ijur,rr. taller Of Mcintosh county, q
verdict Of not guilty was rendered
Thursday night. Hunter was killed
nv ,ho husband Of Mrs. Clark and
Taylor was accused of having passed
tbG gun through the bars To- Clark.
Who was "A prisoner held ON % big
amy charge for Seattle, Wash. OF
rccrs The court ruled Thursday
srsirs, the state holding up the trial
wNi,c securing deposition from
former sheriff McCunc as to wheth-
or he searched Clark at the time he
was committed TO tho cells. Defense
claimed this was not done, and the
ycrdict In the case was largely on
accoun, OF doubt existing on TINS
point
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
CUT ON CHIN KILLS MAN
Victim Staggcrs Into Doctors Officc
and BlcCds to Death.

b Associated Press state WIRE
OKLAHOMA CITY, Feb. 20
With blood flowing from a cut on
his chin, G. J.. Clark, "a, carpenter
.ater today staggered into the otilce
n physician In a downtown office
blildiug, called for medical atten-
fer,ion and died before an explana,-
lion Of his injury could he obtained;
Not realizing the seriousness oi
The mans condition, the physicians
CAV. him a EiutIlant and stepped
into another room. When nc re-
turned a moment later C'aiN "as
wing on the floor, dead.
Tho police were called, ana o.
fccrs accompanied by \. W Nc
Williams. coroner, went 10 the OF
flee where the body was viewed pc
fore being removed.
uhetbor an Inquest would be held
but stated possible clues TO foul play
would be followed UP,
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
AUTO BUSINESS LOOKS UP


DETROlTI Mich, Tob, 25--PrO-
duction I'm the general motor cor.
porations plants which normally
employ more than 10000 men has
reached a so per cent basis, II was
announced today. when asked to
discuss the present and future Of
the automobile industry. II. H. Rice.
vicc president. expressed practically
the same opinion that Henry Ford
gave recently
81 look for general improve
mcut in the conditions within the
next 30 days" he said.
"Nhat do you think OF tho fu-
turc Of the automobile industry"
we look for a good year. Fall
will sec the automobile industry go
ing bigger than before. l believe" ="
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
Woman Drugged and
ThrOiCn From Motor
FOltOUing Gay Party

OKLAHOMA CITY. Feb. 2s.--
American soldier killed iu France,
is ln "a critical, semi-cousOIous CON
ditiou az % local hospital. believed
to ho suffering from morphine
poisoning. She was taken to the
hospital after being found by po-
lice iU crazcd condition early
this morning
She reported having been
robbed OF more than $500. return
ing home In her car early this
morning with several mon, who
had made up dinner party. She
told the police she was thrown
from her ear, the money cut from
her clothing and then fired at by
one Of the men.
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
FOUGHT DEATH, BUT IN VAIN
Trappcd Miner Died Behind Wall He
RuiIt About Himself.

CENTRALIA, H.. rep -0'
story Of heroic fight again,sl
death was revealed today with tne
finding OF the body OF Georgia
,Ear,y. ono Of tho three miners 20
lose their lives in an explosion III
mine 40. . near here late N'dhos-
day night. Early's body was re-,
covered from a niche where ne h'N
Walled himself in In an unsucces7.
mi gght against the "aftcr damp
NJ ras following the explosion
Tha, Early. cut Off from all hope
Of cscape. had cooly planned and
executed his fight for life wa,
shown by a note left on too'
chest. telling that he was going TO
wall himself in ana describing lnS
place where he could be found
Ear'ys body was the last or the
three to bo recovered.
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26

NORKTON, SIst. Feb. -,. \
dog. which accompanied Mluu.
Rics when he wandered from us
farm homo horc 10 days ago, ro.
turned today with note tied around
his neck asking that the youug
mans parents have funeral services
conducted for him 10y tho minister
of the German Baptist church. Sus-
pccting suicide, police at once or.
ganizcd parties TO search lur the
body.
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
A raw, SORE THROAT
Eases Quickly When You
Apply a Little Musterole.

And Musteroe won't blister like
the oldfashioned mustard plaster
Just spread 1t on with your fingers.
IL peneuates to the sore spot with a
gentle tingle, loosens the congestion
and draws out the soreness and pain.
oMusterole is a clean, white oint
ment made with oil OF mustard. It
is fine for quick relief from sore
throat. bronchitis, tonsilitis, Group, stiff
neck, asthma, neuralgia, headache,
congestion, pleurisy, rheumatism. lum.
bago, pains and aches of the back Oh
joints, sprains, sore muscles, bruises, chill
olains, frosted feet, colds on the chest.
kothing like Musterole for croupy chiI--
iren. Keep it handy for instant use.
35C and 65C iars hospital size $500
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26

NEW YORK. Feb. 2j.-- Indict-
mcnts charging profitcoring by two
coal companies and two individuals
both officers Of both concerns, were
returned today by the federal grand
jury. In one case 1t was alleged a
ton had been sold last fall for
S13.61 when $50 would have been
"A fair price
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
NJ Cahles nIsnosltIon.

WASHINGTON, Feb. 25.-The m
terrat0nal communications confer .
ence met this afternoon for uLIrI
session but failed TO take any acton
on the disposition Of the German
cables seized during the war. 'Satl7-
factory discussion" was the descrlp-
ton Under Secretary Of state DAVIS
gave of today's session. There VI!
be several group conferences in inc
next few days. No date has been set
Tor the next full meeting.
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26

Sufficiently extensive deposits or
I'm ore have been discovered IN
South Africa to warrant the cree
ton OF a smelling plant In the
Tgau-aaal
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26

A Minnesota scientist claims 20
have obtained a substance from 30
10 so times az sweet as sugar from
The ,ubers OF the Jerusalem art!-
choke.
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26
Iorm Tax raycrs League.

An organization known as the
Tax payers league OF Creek county
The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-02-26

penemer style excellence has been dependable for half
We that
the richest fabrics the best styles and the greatest values
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
$4,000 ALIMONY
TO MRS. STILLMAN
Continued trom preoeding pags.

testimony to a denial simply. but gave
The right generally to disprove the ale
cations OF adultery to show that the
allegation was not true. and that the
defendant could not only deny but could
testify to any fact or circumstances
within defendants knowledge competent
ana material on the question as 20
whether the act as charged was COM
n1itted.
TN Biers VS. Biers (i56 Appellate
Division 409). at page All. the learned
Justice (McLennan. p. ID said: This
section has been held to mean that the
alleged guilty party is not limited TO
denying specifically the charges OF
adultery, but may testify to any fact or
circumstance within his or her knowl-
edge, competent and material on the
question as to whether the act. as
charged, was committed (Several de-
cisions cited). The effect of these de-
cisions Is that, in order to disprove the
allegation of adultery, the party charged
may testify to facts tending TO deny the
charges made or TO prove that they
were committed or connved at by the
other party to the marriage or that the
offences have been forgiven and con-
doned.
And. at page 4f3. the learned JUS
tice said 1T is urged by the respondent
that the provisions OF Section s31 are
intended only to prohibit the husband
or wife from testifying against the othe-
upon the issue of adultery in an action
for absolute divorce, and that If other
issues are rendered by the defendant
such as connivance or conformation.
either party may testify without re-
straint upon such issues"
We are unable TO agree with this
contention. 1t Is contrary to the plain
reading of the statute. and the Ian
guage of the section has been strictly
applied by the courts in all cases. so far
as we have been able to find. In Valen-
tine VS.. Valentine (S7 Appellate Divi-
sion. 1867 1t was held error to allow the
wife to testify against her husband con-
corning his property and income. In
Dickinson VS.. Dickinson (63 Hun. 516)
1t was held error to permit the plaintiff
to testify TO the fact of her residence
where jurisdictional acts were in issue.
while the party charged could tes-
tify to facts tending to deny the charges
made. or to prove that they were pro-
cured to be committed or condoned by
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

responding to her rank ana position and
the fortune of her husband.
I'VE must look TO all the circumstances
of the particular case IN order TO award
what Is fair and Just between the par
ties, for no two cases are alike. The
charges against the defendant are very
serious and nlomentous. and. II sus-
tanned. the consequences would be very
serious to her future. even II she should
succeed in sustaining the charges
against tho plaintiff. This case Is OF
great Importance 10 her. 1t is her right
to make Il vigorous effort to meet the
proof that may 90 presented against
her and 20 present ner detences. not
only for herself. but FOR The interests
Of her children. Aside from these con-
siderations there Is one person In this
case who Is SO young and innocent as
not TO understand what this action IL
all about and WILL not understand until
he comes 70 an age 81 understanding.
III plaintiff IL srccess.ui against the
chlld, the child ~ill oear a stain that
cannot te erased ard FOR which he Is not
responsible. The PLAINTIFF seeks 70 do
that which he believes Is his duty to
himself and his children. The plaintiff
having challenged the paternity of the
child. the defendant comes to its pro-
lection and to the defence OF its iegiti-
macy. This Is her duty II she ia right
In her claim. She vigorously champions
the child's cause and thI Is expected
from any mother
"CuY law In ita wisdom provides for
the care and protection OF those who
cannot protect themselves, especially in
fants and those OF tender years. There
Is such an infant In this case The infant
is made a defendant and Its paternity
is questioned.
The courts are charged with the duty
OF protecting II. In this case the in
FAINT Is represented by an honored and
eminent member Of the bar. who will
protect the infants interests and give
the best that Is In him, bringing into
play all the learning and ability that the
law expects from one placed in such a
position OF trust The interests OF the
defendant and OF the infant in this case
are to a great extent the same.
The contest means much and no mis-
take should be made. II should not be
permitted to be made. Litigation is ex-
pensive and troublesome. and such liti-
CATION as Is anticipated In this case
means the bringing OF many witnesses
from many places and a long and pro-
tracted trial. 1t should not be said that
| all were not heard that should have
| been heard. All this means money and
time. labor and effort Proper provision
must be made to meet the conditions
| presented.
J Il believe the counsel fee should be
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

the other party to the marriage. or that
the offences have been forgiven or con-
doned, the plaintiff BY his testimony
could not disprove t. The decision In
the Biers case was overcome by an
amendment to Section sal OF the code
by Chapter 1871. laws Of 1915. as fol-
lows: However. II upon such trial or
such hearing me parties against whom
the allegation OF adultery is made pro-
duces evidence tending to prove any Of
the defences thereto mentioned In Sec
ton 1863 Of this act me other party Is
Competent 10 testify II any such de-
fence
Mr. Nichols II his work on New
York Practice volume l. page SAT,
said: The question as TO whether a
person Incompetent 70 testify as Wit
ness can make ~ AFFIDAVIT which will
be considered and tho effect thereof. ID
of considers BILE interest. but no positive
rule kas teen laid down IN regard there
to In this State II has been held that
where the testimony Of the plaintiff
would be incompetent. by reason OF Its
reiat ting to n transaction with de-
ceased person. the plaintiffs affidavit Is
not alone sufficient to support IN injunc-
ton and the appointment OK g receiver.
and that person serving a sentence
on a conviction for felony cannot make
an affidavit
"In the case OF People ex rel Lord. ar
insolvent debtor. was disqualified from
making an affidavit TO his petition for
his discharge from imprisonment under
the insolvent clause and Mr.. Justice
Lott said Oh pages 81 and 90: The
disqualification is general II extends to
all cases where the declarations Of the
parties are to be used in judicial proceed
tngs for the purpose OF establishing or
proving some fact; and II applies botE
to written and oral evidence.
1T is not limited to testimony OF EVIL
deHce on the trial Of causes between
parties. but In terms applied to all mat
ters civil or criminal. The provision Is
Intended as a rule OF ev dence ard as
protection to the community against the
peril OF testimony from person guilty
OF an offence implying such dereliction
of moral principles IN the opinion Of
the Legislature, 70 carry with 1t the pre-
sumption Of total disregard to the
obligations of an oath.
"Insolvent proceedings are very i'm
portant in consequences. extending in
some cases to the absolute discharge OF
debts. and in others limiting parties in
the remedies for their collection. and
affidavits of the applicant are required
of more or less stringency to guar 1
against fraud and for the protection of
the rights of creditors to be affected bv
them. There Is. therefore, as much II
not more reason for disqualifying q
person convicted OF felony from max
ing such an affidavit as there IS to dis
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

qualify him from being a witness on
trial OF a cause between third persons.
The effect and extent of the disability
created by the statute OF similar char.
acter In England was discussed and con.
sidered In re Sawyer and II was held
to extend TO an AFFIDAVIT which had been
used 70 show carSe against rule call
ing upon another party 70 answer GER
tain matters. and the court ordered the
affidavit 70 be taken or the dles.'
The affidavit must be made by a per-
son having personal knowledge OF the
facts and who ID legally competent 10
testify under oath. There are numerous
methods by which these exhibits 3 20
II may be made competent and proved,
but not By the testimony IF the plaintiff
or By his affidavit. where objection Is
made thereto. The exhibits should not
De considered By Gle upon this motion.
There are many statements IN The re.
spective affldavits 81 plaintiff and de-
terdaEt that I believe are not conpe-
tent N case % this kind. [ d.d no,
consider hem on this motion when l
believed i.oy violated re rule.
The plaintiff presents With bis am
davit .ae testimony AIKEN at re hear
Tugs before the learned referee as 70 tho
acts ard conduct of me defendant. She
denies hese hce and conduct In her
affidavit The trial is pending and she
has not been examined. The defends M
has amended her answer and charges
acts and conduct upon the part of the
plaintiff of similar character as charged
by him against her and such acts are
supported by affidavits Of different per-
sons
she does not seek divorce, but pleads
rccri:nlnation against the defendant as
a defence II the acts and conduct as
charged against each other are sustained
neither viii be entitled to decree
Section l75s-when divorce denied.
although adultery proved
Tn either OF the following cases the
plaintir ia not entitled to divorce al
though the adultery Is established: Sub
division y where the plaintiff has also
been guilty of adultery under such cir
cumstances that the defendant would
have been entitled II innocent to O d.
vorce.
IF these charges are established the
plaintiff and defendant will find them
selves in the same position az before the
commencement of the action. excep,
that they will have had their day In
court. or perhaps several days. as to
matters affecting them. and this al
means time. labor and the expenditure
OF money. The children must be main.
tained and the defendant must be main
tained and supported In a manner cor
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

allowed In the sum Of thirty-hve shou-
sand dollars (s35. 00o) and twelve thou
sand ave hundred dollars (sl2.5oo) be
allowed for expenses. During the PEN
dency Of the action the defendant and
the children. ard this Includes the infant
herein attacked. must be provided for.
The children except the infant herein.
are OF sufficient age 10 determine with
whom they desire 10 reside during the
tendency OF this action. Their prefer
ence should control In the circumstances
as now presented.
While the children are with TIE
mother or In her charge she must pro-
vide FOR .nei- schooling and other eeces-
sary expenses. believe 70 meet the
conditions tie alirnony should be al
lowed In the sum or seven thousand five
hundred dollars ts7.600) Ger month.
order naay be presented in accord
ance herewith and when signed the stay
vacated ard the trial proceed before the
learned referee at time and place to be
agreed upon between the parties. and II
the parties cannot agree the learned ref
cree may Fix the time and place.
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
HYLAN FIGHTS KNIGHT BILL.

Mayo; Hyiar wro;s yesteTda, 70 the
member: OF "a. Legislature urging de-
fest OF tn. bin introduced By Senator
Knight which would place water com.
panies under control OF the Public Ser
vice Commission. The Mayor stated
that this bill Is apparently part OF a
general scheme to take away from the
peoples representatives all power over
their own business and turn II over to
corporations"
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

q tl!ay .urnerous criticisms ne has res
eelvod because the board fence around
die fountain ate has been allowed To
remain 90 !ons as an syesore. Mr. CAL
latin said tho guilt does not attach to his
depa rtrnent. but Is wholly because the
group OF statues forming the main deo.
orative feature OF the fountain has noe
been completed and will not be done
before fall.
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

centre 81 numerous rurnpuses n ne
Board or Estimate year ago dntii the
board az last consented 70 lie removal
OF the old fountain. will not De completed
before next September. Francis D. Gal
latin, Manhattan Commissioner OF Parks.
said yesterday.
Tho commissioner made the statement
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
CITY HALL FOUNTAIN
SPOUTS IN SEPTEMBER
Park Commissioner Says
Statues Are Not Completed.

The erection OF tho new fountain IN
City Hall Park. which was the storm
The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02

Ioner made the statement
The Washington herald., 1921-05-22
More Activity in Building.

Making the best exhibit of any
month in exactly a year. the April
building statistics afford further
evidence of tendency toward re-
vival of construction activities.
With a gain of 13 per cent over
the March figures. permits issued at
101 cities last month involved an
estimated expenditure of some s122,-
100000. and most of the leading
centers report improvement The
exhibit for Greater New York is
again favorable, increases in
Brooklyn and Queens offsetting
losses in other boroughs. and the
aggregate at points outside the
metropolis is 1873 per cent greater
than that of March. although four
more cities made returns in the
earlier month. While comparison
with the s157.7oo.ooo Of permits
granted in April. 1920. discioses a
reduction of 22 per cent, the pro-
gressive expansion in the monthly
totals this year is encouraging, and
indicates a breaking OF the dead
lock that has prevailed for many
months past.
The Washington herald., 1921-05-22

that the phase Of liquidation which
began over year ago. is conIipa-,
ing and IL being accentusted by tp~s
approach OF summer dullness ra~
clear understs ndinE Of the ,itu-
alton the distinction between these
two aspects Of IL is well worth pre-
serving