davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14

to the present, yet if the statement
relates to future conditions, or to
matters and conditions which cannot
be foreseen, and therefore by reason
of the subject matter must be q mat
ter of opinion or judgment, the sub
scriber is not warranted in relying
on it.
Where's two unconnected. sentences
are selected from prospectus and
alleged to be false, those sentences
should be construed with the con-
text and with the Remainder Of the
prospectus
sary to pass upon the defendants
contention that the statements of
the prospectus relied upon as false,
related to existing facts and were
not mere matters of opinion and
judgment on the part of the officers,
because those Statements clearly
We're not relied upon by the defend
ants in making their subscriptions.
A careful consideration of the en-
tire record convinces the Court that
the controlling influence with the de.
PENDANTS in making their subscrip-
tons was a desire to participate in
an undertaking for the benefit of the
community.
1t is therefore the opinion of the
Court that the defense fails, and the
judgment must be rendered in each
case for the plaintiff. for the amount
OF the subscription. with interest on
one fourth thereof after ten DAYS
from the date of the subscription. and
on the balance from February 27.
1920.
Mandates in accordance with the
opinion,
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
STOREHOuSE FIRE
RESULTS IN $500
L0SSAT CITY FARM

Fire DESTROYED shed attached to
the pest house" at the City Farm,
about 1880 Thursday evening and
scorched the end Of the building to
which it was attached. The cause of
the fire is unknown, nor is the dam
age known. 1t is estimated how
ever, that the loss will pe around
$500. The building contained some
supplies used in the pest house when
it is occupied by patients and there
was also a wagon in the shed.
The fire was discovered about 1920
by Walter Hall who is employed at
the City Farm. Mr.. Hall CHANGED to
look out IF his window and as he did
so the flames burst through the roof.
He Immediately telephoned to the
fire station and the chemical truck
started for the free Some one MOTTO
ing the blaze. pulled in an alarm
from box 81 at the corner Of Bridge
and State streets Immediately after,
and the remainder of the department
responded The shed could not be
saved but the pest house itself to
which it was attached was saved,
although there was some little dam
age at one end because of the heat
of the flames.
The flames were very bright and
because Of the low hanging clouds
caused many to think that there was
q big conf1agration in that direction.
The all out was rung at $40.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
Cumberland Rescript

A rescript was handed down by
the law court Thursday in the Cum
berland county case OF State VS..
George H. Gustin, ct ais, overruling
the exceptions Of the respondents and
giving judgement for the state.
The rescript. which was drawn by
Associate Justice Warren c. Phil
brook of Waterville, is as follows:
When the evidence in support of a
criminal prosecution is so weak or
so defective that a verdict of guilty
based upon it cannot be sustained.
it Is the duty of the presiding JUS
tice to direct a verdict in favor of the
respondent; but when the evidence
is neither weak nor defective, but is
ample to justify the jury in finding
a verdict of guilty. there is no error
in denying tn motion for directed
verdict. An exception to the denial
must be overruled.
In criminal case amounting to a
felony tried in superior court. a
motion for a new trial upon the
ground of newly discovered evidence
must be first presented to the justice
who tried the case, and from a deni-
al on his part to grant the new trial
an appeal may be taken to the law
court. The motion should not be pre-
scented to the latter court in the first
instance
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
Cony High School
Fathers Club Formed
Officers Elected

An. association of fathers and
guardians of Cony High students.
past and present, and of men school
officials was formed Thursday eve
ming at the school building under the
name of the Cony High School Faith
ers' club. The object of the club is
to bring its members into closer
touch with Cony High school in or
der that it's needs may be more fully
realized and advanced. About 90
men were present. Superintendent
+. w. Burrill acted as temporary
chairman.
A constitution and bylaws were
drawn up and adopted and the cleo
ton of officers was held. The officers
are: President, DR.. V. T. Lathbury;
vice president, Ernest Hewitt; sec
rotary. Charles Chase; executive
committee. NJ. o. Dean, DR.. Tyson,
Harrison Lyseth. The bylaws of
the club provide that there shall be
at least six meetings a year.
A very pleasant part of the pro-
gram of the evening was the music
which was furnished by the Cony
High school orchestra under the di-
rection of Mrs. Gertrude Thorne,
instructor of music In the public
schools of the city.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
TETREAULT WINS CASE

The law court Thursday handed
down a rescript in the Penobscot
county case OF Charles II. Cullinan
Of Bangor, administrator, VS.. Arthur
Tetrault. an Augusta druggist, CIV
ing judgement for the defendant.
Charles II. Cullinan, Jr., of Ban
gor came to augusta IN october, 1921.
to attend the reunion Of the 103rd
Infantry of which he was a member.
He met one OF his comrades. q young
man named Freeman. Freeman went
to TetraultS drug store where the
clery sold him some oil of checker
berry by mistake. The oil Of check
erberry was mixed with ginger ale
and the two men drank it, 'Cullinan
dying from the effects of it. Guilt
mans father brought action against
Tetrault to recover for his sons
death and the case went to the law
court on report.
THE act of the defendant in leav-
ing his store in charge Of boy, who
was manifestly incompetent to be so
left in charge, was in violation Of
Section 10 of Chapter 20 Of the re-
vised statues, and plainly negligent"
says Associate Justice John A. Nor
rill Of Auburn in the rescript.
For the injuries suffered by the
plaintiffs intestate by reason OF the
sale Of poison instead Of harmless
preparation by the clerk in charge
Of the store the defen liant is liable
in damages provided the deceased
was not himself at fault or negli-
gence on the part of his companion,
Freeman, cannot be imputed to him.
"The evidence clearly establishes
that the conduct Of Freeman. who
made the purchase, was negligent.
where two persons are engaged in
joint enterprise, the negligence Of
one. while acting in futherance of
that enterprise, which contributes to
the personal injury Of the other &C.
casioned by the negligence OF a
third party, is imputable to the in
jured party; and such injured party
cannot maintain an action against
such third party to recover damages
for. such injuries.
THE deceased and his companion,
Freeman, were engaged in a joint
enterprise, and Freeman's presence
in the defendants store was in fur
therance of that Joint enterprise.
which continued until the fatal
drinking was ended. The conduct of
Freeman in the store was imputable
to the deceased.
Judgement for Defendant"
George z. Thompson ana Charles J.
Hutchins Of Bangor appeared as
counsel for the plaintiff and ex-
Attorney General William r. Pattan-
gall and Judge Benedict F. Maher of
Augusta for the defendant.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
Mrs: Milliken Entertains
Members Miriam Circle

Mrs. Carl E. Milliken entertained
the members of the Miriam Circle
Of the Penney Memorial United Bap-
fist church at her home on Western
avenue. Thursday evening. The
party was of q seasonable nature
with a. Christmas tree, beautifully
lighted and decorated and bearing
gifts for all who attended. There
were about fifty present and many
of them came dressed as little girls
ana all entered into the spirit of
.Joyousness and pleasure.
An interesting program of musical
numbers was presented with several
readings by Mrs. Mary Turner and
vocal selections by Mrs. Scion Pur-
inton. The. entire group Joined in
several chorus numbers. Delicious
refreshments were served by the
hostess, and everyone enjoyed the
evenings fun immensely.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
Gift Furniture Suggestions

you are confronted with the problem Of selecting gift
Of fitting sentiment for someone you wiso remember buv
gift of Furniture. So l.,
glance DOWN thus list will convince you that many lovely
and useful things for the home NAV he bouubt fo vow
modest sum- -. -,
visit to Gift Section will further convince Won that
We offer big selection of artistic creations for the home at
prices that right.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
China Club Has All Day Meet
And Class of instruction

The Augusta China Club held q
most enjoyable all day meeting
Thursday at the home of Mrs. Abby
Boothby, ~ Winthrop street. The
entire day was pleasantly and pro-
fitably spent with painting under
the direction of Miss Edit Tetre-
ault of this city.
Original Egyptian designs were
taken ub by several of the members
Oil colors. Other members were busy
with lustre work upon various pieces
Of china.
. At one o'clock q very delicious
luncheon as served to &c of the mem
Der of this club by Miss Estells
Leavitt. The house was beautifully
decorated with red roses and the
decora tons and luncheon added much
to the pleasure Of the day.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
for the Living Room

monographs $4,000 to $265. 90
Mahogany and Cane Chairs
$3.50 to $500
Windsor Chairs $3.50 to $3.50
Library Tables .........$ $500
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
Math Club Meets.

The Cony High School Math club
held a very enjoyable meeting Thurs
day night, at the school building with
an attendance of about 35. The pro-
gram was as follows: Magic Square,"
by Miss Hurd; Reversible Square,"
by Mr.. Rand; Life of Pithagoras,"
by Miss Peters; Three Problems Of
Antiquity" by Miss Coburn: AL
gebraic Fallacy," by Miss Fleming;
Mathematical Problems" by Miss
Chase.
Following the program, refresh
ments were served. 1t was voted AIT
the business meeting to hold a meet
ing open to the Freshmen and Sopho-
mores before the mid years.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14

The. many friends Of Mr.. Harry
Pinpoint of 20 Myrtle ST.. will be
glad to know he has so far recov-
cred from the operation PERFORMED
lat the Igusta Gen. Hospital two
weeks ago as to return to his home
this morning much improved in
health.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-12-14
AUGUSTA LOCALS

Mr.. Arthur hurry of East Madi-
son is visiting his sister, Mrs. Joseph
Jandro at 30 Myrtle ST.
The Birmingham age-herald., 1923-08-02
NrU nRIEANS COTTON

NEW ORLEANS, August 1.-The first day of the new cotton brought extremely active trading with 1t. with bulge or s65O A bale immediately following the government July report on the crop. sup sequently the gain was widened 10 a lull s7 A bale and the close was not lar Iron. the highest at net gains on the day or 137 to 143 points, October closing at range of 21.S9 to 2193 cents pound.
 Around the opening the market was 4 to points net lower on the most actlVe months but it soon picked up moderately on the small carry-over figures by Hes ter 2,573,000 bales, and the consumptlNonn 10 n figures for this last season of 12,63l,OOO hales which were considerably larger than generally expected. Prices went lo to 14 points higher than the close or yes terday but just before 10 o'clock ana the bureau report on condition. they were pacN down to nearly the level of yesterday close, October standing at 2052 cents.
 The governments figures of 6L2 per cent as the condition of the crop on July 25 were far under average trade expecta- tions, the average guess being snghtiy above 70 per cent of normal The indl- cated crop was 11516,000 bales, as com pared with trade expectations or about i2. OOO, 900 bales. Immediately following inc report there was bulge of about 50 points and the most active trading in many months and the market continued to mount 10 points at time until oc- tober stood at 21.S3 cents Recessions of about 30 points came about as the result of releasing on the long side but in the late trading the market was stronger than ever, october reaching up to 21 s3 cents, where the list showed net gains of 140 to l47 points.
The Birmingham age-herald., 1923-08-02
MOST OF POPULAR LEADERS CLOSE AT FAIR NET ADVANCE

NEW YORK, August 1.-Exten- Bive short covering operations, in- Bpired by the marked overnight im- provement In the Presidents con- ditlon, publication of several favor able earnings reports and g. bulIish government cotton report, brought about a sharp recovery in prices in today's stock market, Most of the popular rail and industrial leaders closed at net gains of to 21s points.
 The opening was the strongest In several months. It indicated a presence of a large short interest which apparently had become un- wieldly. While there was some buy ing by so-called bargain hunters" the bulk of the business was of pro- fessional origin.
 Earnings of the steel corporations was nearly sS,O0O,0O0 above earlier estimates and this fact together with an optimistic statement by Chairman E. II. Gary on the business outlook, brought about heavy buying of the steel shares. United States Steel common was pushed up more than two points to s7% and then fell back to STA. Bethlehem, Crucible, Republic and Gulf States Steels closed l 2s to 21s points higher on the day.
 Rubber and sugar shares developed temporary weakness, the former on reports of impending tire cuts which were later denied and the latter on further reductions in the raw ana refined products. Both groups raj lied before the close. Both U. S' Rubber and Kelly-Spring field estao- lished new lows for the year.
 Baldwin, Studeballer, Corn Prod ucts, American Car and Foundry, Du- pont, General Electric, Houston, the n-American issues, Pullman, Sears Roebuck, Stromberg Carburetor ana Maxwell Motors A. were among the active issues to show net gains of l \ to points on the day.
 Rails also moved to higher ground, but gains as a rule were limited to a point or so. Great Northern pre- ferred. Rock Island common and the two classes of preferred, Northern Pacific, Baltimore and Ohio, and New York Central were conspicu- ously strong.
 Call money renewed at 6 per cent but softening to D l5 and then to b. confirming the impression that the higher rate was merely incidental to month-end settlement Time money was somewhat scarcer with some or the longer maturities being arranged at 5A per cent.
 Weakness of the French franc which dropped 71a points to 5:75c, new low for the year, was the feature of the irregular foreign eXchahee market. Belgian francs also touched & new low at 5.661 12c. SterIlng helu steady around S4.569s.
 Total stock sales 2SS,3Oo shares.
 Twenty industrials averaged 87.96i net gain 1.05.
 High 1923, 1o5.3s; low s6.91.
 Twenty railroads averaged 77.9l,
 High 1923, eO.6s; low 76.S5.
The Birmingham age-herald., 1923-08-02
| COTTON JUMPS $7' 4 BALE FOLLOWING.
 CONDITION REPORT

NEW YORK. August 1.-The agri- cultural bureau furnished another sensation for the cotton market to- day when its report, made public at 12 o'clock, showed a condition of only SIP Or 2.7 points down from the pre- vious month and fully points be- low the average of all the private reports that were issued. It was practically a point lower than the lowest guess of any cotton exchange member and IA points under the lowest estimate of any of the private condition reports. Immediately fol- lowing the report, the market jumped fully 140 points, or s7 a bale. A heavy volume of buying orders to cover shorts was executed in the ring and there was a notable in crease of outside speculative demand, part of which was supplied by south ern hedge selling and by offerings for Liverpol account. october con tracts reached 2250c and December 2242c on this rise. Later the market became quieter and eased eff about 30 points from top. but near the close showed renewal of its earller strength with some prices reaching new high ground for the day ana final quotations were 116 to l0l points net nlRneT. A SOu uedl oL ehO late afternoon buying was attributed to a bullish interpretation of the weekly crCp and weather report, which 1t was claimed indicated con siderable deterioration in the week since the government report was compiled.
 The market opened 10 points lower on December and to s higher on other months. During the forenoon October sold as low as 2I07c and De- cember 20.92c under offerings that were influenced by predictions TOT showers in the southwest. These were not confirmed in the detailed reports, and moreover, numerous private wire reports not only rom Tezas. but elsewhere in the belt told of crop deterioration which was be- coming serious. Prices recovered from the earlier losses. but just De- fore the publication of the govern = ment report became heavy again ana were around lowest of the morning. A feature of the bureau report was the drop of points in Texas con- dition, to Il, which was all the more surprising because Texas had been considered one of the best states Tn the belt as to crop prospects. FIX ports today, 377, and the same Tor the new season, which began today Port receipts, 1,464. United States port stocks, 1So,S79
The Birmingham age-herald., 1923-08-02
Ouer Priuate Wires
STEWART'S LETTER

BIRMINGHAM. Ala. August 1.-Liver- pool quotations came over slightly better than due with sales of 5000 bales at decline of IT points in their spot price Manchester cabled no improvement in de- mand for yarns and goods. trade await ing developments. Our markets averaged slightly higher than Tuesdays close and ruled nervous but in narrow range until the issuance of the very bullsh condi- figures of 672 against 69.9 per cent of normal last month was a shock to the bears most of the trade had expected around 70 per cent. When the bureau re- port was posted bears scrambled to cover and sent prices up sharply to an advance reacted 50 points from this selling but to again advance to and above the early highs. The finals were 120 to 140 points gain for the day. Spots were quiet and generally quoted 75 to 126 points higher One line of comment on the unexpected been expected because everybody was sure 1t would come 70 per cent and cause a decline. Other comment was that con dition was too low but that the world accepts the government figures and the market views must be revised accordingly so sentiment has turned less bearish. The report, however. while 1t sent shorts sour rying to cover, apparently attracted only a moderate amount of new buying. The government report indicates crop of month of 11412.oOo. The weather was unfavorable, hot and dry in the west and showers east. Private messages from Texas reported serious deterioration since July 26. If the present prospect is for only 11,5oo,Oo0 bales with tho critical Au- able to be short except for scaiplng terms. s, R. Stewart & Co.
The Birmingham age-herald., 1923-08-02
CnFFFE MARKET

NEW YORK, August 1.-The market for coffee futures was more active today. and after opening 1 point lower to points higher, advanced to 12 points over the previous close carrying September up to S.66c and December up to 7.77c. Com mission house shorts were the chief buy CTS of September, and 1t was believed in some quarters that developments in Sep tember might duplicate the advance that occurred in July. good deal of realizing occurred on the upturn, however, and prices reacted quite sharply in the after noon. closing 3 points higher to lover. with sales estimated at 42,o0o bags. Sep tember s.46c. December 7.49c, March 7.26c. May 7.14c.
 Spot coffee quiet; Rio 7s 1oh @1o%c: Santos As, 1S914c. The cost and freight market was higher for prompt as stocks here are low and demand Is better. Bour- bon Ss and As were quoted at 12asc. 4s and 6s 1lAc. and future shipment of Rio IS, August September. Sc.
 Official Brazilian cables quoted Rio fu- lures 75 to 225 reis lower. and Santos flu lures 260 to $50 reis higher. speca cable from Rio quoted the spot month there 400 reis net higher and December 1bt reis lower. Rio exchange on London wal unchanged. Receipts at the two Brazilian ports. 63,000; Jundiahy receipts. S0,000.
 BAR SILVER
 NEW YORK. August 1.-Bar silver G2&c. Mexican dollars 47Ac.
The Birmingham age-herald., 1923-08-02
CHICAGO vEGETABLEs

CHICAGO. August 1.-Peaches slightly weaker; Georgia Elbertas, bushels. .75 % &: ss, s2.5092.75.
 Canta!oupes weak; Arizona New Mexico flats. pink meats, s1.7592; Arkansas standard 45s. sS.26@3.75. Watermelon weak but better move- ment; 2s to 3s pound average, Tom Wat sons and Excells. S9 .35q5.
 Tomatoes about steady; flats ripes, S1 CD 125.
The Birmingham age-herald., 1923-08-02
FOREIGN BONDS lon Curh Marketl

bales of cotton. As consumption last year was around twelve and one-half million bales 1t is obvious that there will again be a scarcity this year. How long 1t will be before this influence begins to exert itself remains to be seen. There Is no question but what the western belt will sell their cotton as soon as it is ginned as they have in the past and this may temporarily keep the market from ad vancing but apparently from the govern ment figures published today, the cotton trade of the world will again be faced with the most difficult and serious prob lem as to the distribution of an insuffi- cient supply this coming year. In the late afternoon, fresh buying made it's appearance again carrying the market up to new high levels. Futures in Liver pool are due tomorrow. October, 12. 39d; ; January, 1210d; March, 12.02d.-Hubbard RrOs & Co.
The Birmingham age-herald., 1923-08-02

NEW YORK, August 1.--Active covering of shorts, prompted by the bullish govern ment report on cotton and sharp bulge 1T lard. sent cotton seed oil futures up 3t to 50 points. after which the list reacted slightly under realizing sales. Final bid: were 10 points higher for August and 3: to 39 net higher for the balance. Sales 26. 800 barrels. Prime crude nominal prime summer yellow spot. $s. 90 @ 10. 20 September. 9.72c: December. S.4Sc; March 8 COG, all bid.
The Birmingham age-herald., 1923-08-02
Hubbard Bros. & Go.

Members New York Cotton Exchange. New Orleans Cotton Exchange, New York Produce Exchange, Associated Members Liverpool Cotton Association. Or. ders solicited for the purchase and sale of Cotton and Cotton Seed Oil for future delivery. Special attention and liberal terms given for consignments of spot cot- ton for delivery.
The Birmingham age-herald., 1923-08-02
DRY GOODS

NEW YORK, August 1.-Cotton cloth markets today showed little more change after the unexpectedly low gov ernment cotton condition report was issued. Hesitation in the placing of large cloth and yarn orders continued. Silks were quiet. very substantial business was done in woolen and worsted dress goods for spring. New lines of fancy worsteds attracted considerable attention. Burlaps showed little or no change. Jobbers re- ported a moderate volume of nearby busi-
The Birmingham age-herald., 1923-08-02
NEW ORLEANS COTTON FUTURES
1IyERpo0I. COTTON

LIVERPOOL. August 1.-Spot cotton increased demand; prices dull. Good mid ding, IS sod; fully middling, .4od ordinary, 12. sod; ordinary, 12 god. Sales 5000 bales, including 3,7oo American. Re ceipts, 1000 bales, no American. Futures l2 sod: December. 12 .06d; January, I'd March, 11.94d; May, Il .SSd.
The Birmingham age-herald., 1923-08-02
FOREIGN EXCHANGES

NEW YORK, August 1.-Foreign ex- changes irregular Quotations in cents: Great Britain. demand 4.56S, cables 466N, e0-day bills on banks. 453%. France. 4.73 and 4,74. Italy, .33h and 4.34 Belgium, 4.6s and s7. Germany,
 oo00e6 and .00o097. Holland 39. 30 and ss 35 Norway. 1b.95h. Sweden. 2.65A Denmark, 10 .o2.. Switzerland. IT S7. Spain, 14.ls. Greece. 1:.7oo:, Poland, .SC9+is. oS94is Rumania, 5Oh. Argentina, 34. Brazil, 1925 Montreal, 97 11-16.