davidaulloa/AmericanStories huggingface dataset:
New Britain herald., 1928-02-03

Washington, Feb. s.-N-Al- though he sought only knowledge, the glory of achievement comes to Capt. Hawthorne c. Gray three months after his death in an army balloon alone six miles up in the air.
 The instruments he took with him on his last ascent on November 1, together with his uncompleted log. found with his hody in the basket of his balloon. near Sparta, Tenn, tell the dramatic story of his trip to "the highest point up."
 They show low carefully and successfully he planned the pure.y scientific phases Of his effort to gain knowledge of atmospheric con- ditions at extremely high attitudes. They shcw also how carefully he planned to survive so that his own experiences under those condi- tons might be known.
 But there the personal element crept into his calculations. It didn't (cur to him to take the same pre- cautions with his clock that he took with his less personal record ing instruments. That. air corps experts are convinced. is the req son he stayed ur to" long and afte.' reaching for a second time the un- precedented altitude of 42.270 feet suffocated on the way down. some- where between the 5000 and c9,- 000-foot levels.
 He was determined that his thermograph and at least one of his two sealed barographs should give an accurate record of temper ature and altitude during every minute of the flight. So they were sent to jeweier and all oil and grease was removed from them. But the clock. which wns to show Him how his ascent was progress ing and give him an idea from time to time how much longer he could count on his oxygen supply. was net cleaned of oil, and 1t stop ped at an altitude of S0,000 feet, where the temperature was 35 de- grees below zero.
New Britain herald., 1928-02-03
KANSAS CITY HOST
 ID CONVENTIONS
65 of Them Are Listed for
 This Year

Kansas City. Feb. s.-R-This year will hold just one convention after anothe. for Kansas City.
 Sixty-five conventions and ten major sports events. several Of na- tional importance in each grour. were listed today on the calendar Of William NJ. symon. manager of the convention bureau of the Kan sas City chamber of commerce.
 The Republican National Con- vention. which will meet June lc. IS the outstanding affair on the schedule. During May. the General Methodist conference will be held here. The church leaders will leave convention hall just in time for the political leaders to take over tho building for the selection Of nominees for president and vice. president. After the Republican convention. the city will entertain another church organization. the Baptist Young Peoples Union of America. which will meet July { to [.
 Outstanding sports events Of the year will bs the American Bowling congress tournament March 10 May Sl: the National A. A. Y. basketball tournament in March. and the Mid.American open golf tournament at the Lakewood course June IS to II.
New Britain herald., 1928-02-03

gymnasium on February 10. Andrew Guilliano. Spanish teacher. will again take charge and will super- vise the decoration of the gym nasium. The Spanish colors red and gold. which are also the high school colors. will be employed as the color scheme.
New Britain herald., 1928-02-03
Street Goes by Name
 Of Popular Resident

Cincinnati, Feb. ! ReThe quick est way to get to East Hollister street in Cincinnati is to ask for Garry Hermann street." for tho thorouEhfare is best known as the location of the home of tho retired president of the Cincinnati Ma tional League baseball club.
New Britain herald., 1928-02-03
Jury Disagrees in
 Kansas Murder Case

Kansas City. Feb. : R1Failing to reach q verdict after more than 90 hours deliberation. tho jury in the case of Mrs. Myrtle Withey. charged with the murder of her husband. William J. Withsy. . chemist. waa dismissed last night. The prescott tion asked the death penalty. alleg-
New Britain herald., 1928-02-03

ing Withey was poisoned by hts wife. who denied the charges. Mrs. Withsy was returned to jail. Her counsel announced a new trial would be asked.
New Britain herald., 1928-02-03

East Hollister street . oaay . block in length ard vsfy hae1 to find. but the term Gary HeFr- mann Street" is the open seGame to tts location.
 Persons living en the strest Y.gu- larly identify the locatiea ee thlts homes ss "East Hollister-that's where Garry Hermann HvsG."
New Britain herald., 1928-02-03
SPANISH CLuR PARTY

Plans are nearly completed for the annual Valentine party of the Senior High school Spanish club which ta to be held at the school
New Britain herald., 1928-02-03

Bowling was once forbidden by law.
New Britain herald., 1928-02-03

The first month Of the year was named after Janus. a Roman god.
New Britain herald., 1928-02-03

READ HERALD CLASSIFIED Ans
New Britain herald., 1928-02-03

Al day special only! Fine neU Table Lan2-w!th the new Gocce. ated n.ct,l ta-o cad rev design sLccc!
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
Decisions of
Supreme Court

Ortentia Sarah Fuller and Myrtle
Fuller Henderson. co-partners as
Fuller & Henderson, plaintiffs and
respondents, vs.. Anton Fried and
Fred O. Fried, co-partners as Anton
Fried & Son, and individually, de-
PENDANTS and appellants.
/. The parol evidence rule 10 lin
tied to the parties to the contract
or writing and their privies and does
not apply to third persons unless
they seek to enforce some right un-
der the contract.
In the instant case it is held for
reasons stated in the opinion that
written order signed by the plain
tiffs purporting to be . contract for
the purchase Of certain machinery
between the plaintiff and one NJ
does not preclude the plaintiffs from
showing that they did not purchase
the property from M under such
written order but purchased the
same from the defendants under an
oral contract, and that such oral
contract contained certain war
ranties.
2. In order to effect q rescission
the buyer Of personal property who
has received the goods from the
seller must notify the seller within
reasonable time of his election to
rcscind and he must return the goods
or offer to return them to the sellel
in substantially as good condition as
they were when he received them
(Section 50, Chapter 2O2. Laws
1879
8. Where buyer serves notice
of rescission and an offer to re.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

turn the property and. thereafter
continues to use the property as his
own for . considerable period Of
time, he will BE- deemed to have
waived his election TO rescind ard
the effect Of his notice will be multi
fled by the subsequent dealings with
this property ~ his own.
(Syllabus by the Court.)
Appeal from the district court Of
Stutsman county, Jansonius, ]. De-
PENDANTS appeal from . judgment
and from an order denying q motion
for Judgment notwithstanding the
verdict or for . new trial.
Reversed.
Opinion Of the court by Christian
son, ]. Knauf & Knauf, Jamestown,
attorneys for defendants and appel
lants. Aylmer & Aylmer, James.
town, N. D., and Carr & Rutgers,
jamestown, N. D., attorneys for
plaintiffs and respondents.
The First National Bank in Min
neapolis, Minnesota, q foreign cor.
poration. plaintiff and respondent,
vs.. Jorgen Rasmussen and Fred E.
Hammel, defendants; Jorgen Ras.
mussen, defendant and appellant.
!. When a bank transfers to an
other bank its notes and mortgages
as collateral security for an indebt-
edness, and the transferee bank fails
to record the assignment Of mort
cages, or to notify the payees. and
permits the transferor bank to
handle the said collateral notes and
mortgages as its own in the renewal,
and the collection of the same, a pay
ment by the maker of such collateral
notes to the transferor must in
equity be treated as made to the
holders agent.
2. Payment of note to an agent
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

having authority to receive it, is
none the less effectual against the
principal, because Of the agent not
being in possession Of the note.
(Syllabus by the Court.)
Appeal from the district court Of
Stark county, North Dakota. Hon.
Thomas H. Pugh, Judge.
Reversed.
Opinion Of the court by Burke, J..
Messrs. Sullivan, Hanley 4 Sullivan,
Mandan, N. D.. attorneys for plain
tiff and respondent. Messrs. Craw-
ford. Cain & Burnett, Dickinson.
N. D., attorneys for defendant and
appellant.
Marie Kilev, plaintiff and appel
liant, vs.. Dan Meckler. Dan Leer.
and Thomas Meckler ST., defendants
and respondents.
!. Where defendants, before an
swering, fail to demand a change
Of the place Of trial Of the action
to the county Of their residence,
they have waived this right, and such
right will not be considered in itself
in an application for a change Of
venue on other grounds.
2. A party asking change Of
venue for the convenience of wit
neSses and in furtherance of justice
has the burden Of showing grounds
for the change.
8. Where a change Of venue is
asked on the ground that convent
ence Of witnesses and the ends Of
justice would be promoted by the
change" and no claim is made re-
garding the promotion Of 1.-The ends
Of justice" other than the convent
ence Of witnesses and parties. the
application will be considered to
have been made for the convenience
Of witnesses and in such case the
parties are not considered witnesses.
4. Where the plaintiff commences
the action in county other than
the county of the residence of the
defendants and the defendants fail
to demand change Of venue as a
matter of right the plaintiff has a
right to have the case tried in the
county selected by her. and no
change Of venue should be granted
under Subdiv. 3 of Section 74l8 Of
the Compiled Laws when it is not
shown that justice would be better
promoted in another county and that
the convenience Of the witness re-
quires change.
(Syllabus by the Court)
Appeal from the district court Of
Sheridan county, Hon. ]. A. Coffey,
Judge.
Reversed.
Opinion Of the court by Burr, j.
Floyd B. Sperry, Bismarck, N. D.,
and VIM. Westby, Cooperstown, at
torneys for appellant. Peter A.
Winter, McClusky, N. D., attorney
for respondents.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
[{, NJ; y|z] ;, EQ e., I! :! I! ::

chance we can make a 60 OF 1t.
each in our own way" The last
words came with significant mean.
ing.
BERTHE Lou went just a little
white. she feared. ''I'll be easier
on YOU" she said steadily. because
! know how hard 1t is to remember
you're married"
She meant him to believe that
marriage was as much q handicap
to her as to him. He believed 1t.
ANY time it's impossible to re.
member 1t let me know FIRST" he
returned. Il promise the same to
you"
BERTHE Lou whirled toward the
door. In the hall she halted. to
ask him why he didn't use the
guest room.
III you'll put some sheets on the
bed / WILL" Rod answered calmly.
BERTHE Lou went on. In a few
minutes she called to him that the
room was ready. Rod entered as
she left.
Thank you." he said. BERTHE Lou
did not answer.
Good night" he added. Very
faint and indistinct came her reply
as she hurried down the hall. He
heard her door close quietly. But
there was no sound to tell him
what the closed door meant to her.
co this was marriage!
- No matter how many dreams
you brought to It. marriage became.
finally. q thing Of the earth. BERTHE
Lou. in a heap on the bed, laughed
through bitter tears.
Funny things-people. All about
them were the wrecks Of marriages.
yet the poor dumb creatures went
on marrying In the belief that they
could escape the common curse.
BERTHE Lou recalled the high
hopes that had filled her heart on
the night before her wedding. They
were nothing now but bleaching
bones on the highway to heart.
break. Once clothed in the ex.
quisitO promises Of love they
seemed to BERTHE Lou like naked
skeletons as she reviewed them
after . year Of marriage.
Rod had forgotten all about it
but the next day was their first
wedding anniversary. When 1t
dawned BERTHE Lou was sunken-
eyed and shaky. but game to make
the best OF things.
"Life's q rotten affair."" she solilo-
Quised and got up to pull down the
shade on the hot summer light.
But It's Just the same for all OF
Us: no use to whine. Maybe some
day II We take our love to.
gether to some sky! some sky
that isn't filled with skyscrapers
now stop crying. silly
wedding days don't so on forever.
Who'd want them to? Couldn't eat
honey and sip nectar Ill the time.
But that doesn't mean there aren't
other pleasant things in tho world
once We know the whole things .
dump heap anyhow"
Having come to her decision not
to leave Rod until he wanted to be
free. Berthe Lou fell into 4 light
, sleep. At eight O'Clock Rod knocked
on her door and she sat up In bed
with . nervous start.
Come in" she called. doing her
best not to let her voice betray
her hope that he had remembered
their anniversary.
ITO Be C0ntinuedl
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

the apartment was the first she had
tasted since her sudden departure
for Wayville. And 1t was after nine
o'clock now-nothing to eat since a
a bit OF salad at lunch. Still. she
did not feel that drink-the fresh
air had overcome its effect.
The orchestra was playing a sen.
timental waltz. It was too sad to be
endured. BERTHE Lou wanted to be
gay. She drank the second cocktail
in Marcos manner-all at once.
Lets Dance" she pleaded. but
Marco said no. Said be wouldn't
until he'd had something to eat. The
food was served but BERTHE Lou was
now no longer In the mood for
leaving the table. There was q curl.
GUS numbness in her finger tips and
she felt as II her clothing was eli
that held her up.
You'd better eat something"
Marco advised. watching her as she
pushed the third plate away.
He didn't want her to feel her
drinks too much. A girl who had
to be- dragged around the dance
door was fiat tire as far as he was
concerned. He liked 'em poppy.
They could get "half-lit" II they
wanted to. but he objected to hav.
Ing them pass out entirely.
BERTHE Lou wouldn't eat 30 he
didn't order anything to drink.
After dinner they drove again for
an hour and then returned to the
dance. When Marco wanted drink
he went out to the bar and got It.
Until BERTHE reprimanded him. It
was one o'clock. The place would
close ct two. Marco ordered high.
balls. but BERTHE Lou surprised him.
She drank only half OF hers.
Nothing could make her gay. She
knew that. No use making herself
sick with. stun she didn't want.
Shed broken that silly promise to
Rod. That was ell she wanted to
do. Now she would see II he cared
should be Ind It out.
MARCO came upstairs with her
IA and unlocked her door. She
let him come In to say good night
to her.
BERTHE Lou snapped on 1 switch
and the hall was filed with faint
light from . golden Chinese lamp.
She put out her hand to Marco. He
ignored It and kissed her on the
mouth.
Berthe Lou was too surprised to
speak. Earlier In tho evening he
had tried to kiss her and she'd told
him not to make . mistake about
that II he wanted kisses
he could take somebody else out.
He had been 80 ready to take her Ct
her word that she hadn't expected
him to try again.
Good night. Mrs. Bryer." he said
7coolly. and Berthe Lou was rather
startled BY the swiftncss Of bis de-
parture. She tried tho door behind
him Just to sec that the lock had
.. caught, then turned toward her
bedroom just a. . light was snap ..
ped on In the living room.
ftod was standing beside the
davenport. tying the sash. OF hia
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

"Matrimony IS the best game in
the world. Some can't play it. Some
play it indifferently. But there is no
reason why experts shouldn't con-
tinue to play It, and buffers try to
learn"
Doctor Collins is q bachelor. which
may or may not explain his atti-
tude.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

dressing gown. Berthe Lou saw
that he had made q bed for him.
self there-a bed that was in full
view Of the front door. He must
have seen Marco kiss her!
Eyes. I saw It," he said: III
you're wondering about that"
BERTHE Lou smiled. mo attempt
to hide It," she replied serenely.
Whats the sentence going to be?"
do you want 4 divorced" Rod
asked bluntly.
BERTHE Lou took 1t well. Inward.
ly she quivered from the blow
but Rod saw only Z nonckalant ex.
terror.
"How about your" she coun.
tered. For . moment they faced
each other quietly and steadily. 1t
was agony for Berthe Lou. and Rod
was not happy either.
He was doomed, he felt, to
misery. even % Berthe Lou herself
felt that misery would be her fate.
He did not want Z divorce. What
good would It do him? He did
not know that Lila loved him. but
even II he had known he would
not have wanted to put himself
in position to tempt her to leave
Cyrus.
A ND divorce would mean a lot Of
: : trouble: his parents would
grieve over 1t, and be and BERTHE
Lou would have to endure Way.
ville's gossip for nothing-for
nothing. that Is. unless 4 divorce
would add to someone's happiness.
Perhaps 1t would be Berthe Lou's.
ia rather give you . divorce
than witness another scene like
that" he told her quietly. You
ought to be free for that sort OF
thing"
Y Berthe Lou felt a surge Of relief
come over her. That sounded as II
he really cared! THAT was only
. little war tax" she laughed. But
o. course II you object -"
Il expect you not to give any
man Z chance 70 laugh ct me-" Rod
interrupted.
Then you don't object to any.
thing short Of . little good night
kJss?" BERTHE Lou came back. Gov.
srinE her seriouensss with an arch
smile.
"You may do - yen please as
long 90 you don't forget that you're
married." Rod replied seldly.
Berthe Lou locked at him With
syep ablase tor Z full moment.
Then: "May ! hope that you will
not forget Il either3" she cried.
coming cl0seT % him.
"Bsrtis Loq!" be exclaimed
sharply. you've been drinking"
Berthe Lon challenged him with
lifted chin and defiant expression.
''What I'll have?" che stormed.
you've Just given me permission
to do % ! please. But that's Z good
JVAW NVsuS4o A1Vm yOQs ou0
stopped and laughed IN his face.
Rod WINGED under her snserins
tone. She had left him tor months.
with only brief. cold notes o..
changed betWeen them. yet 10 felt
not entirely innocent Of tlame. He
could not help caring for Lila but
he regretted Il. If Berthe Lou had
known about It she could not have
said more cutting things. be
thought.
"You may make terms, too" DO
said quietly. III you think W can
live together ID any better under.
standing. don't want Z divorce.
Id rather not have one Il there's
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

author, who addressed meeting Of
500 women here recently.
"Men have the most abysmal ig-
norance Of the nature of woman
said the doctor. If they would
spend quarter as much time study
ing q woman's mental makeup that
they do playing golf we might have
fewer unhappy marriages.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

LARGE GRAPEFRUIT CROP -
San Juan, p. R., Aug. 9.@A
The largest production Of grapefruit
for many years is forecast for Port6
Rico in 1928. Recent heavy rains
have brought out new bloom, which
is reported to be heavier than any
previously seen. Fruit is not ex.
pected before December. =
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
THIS HAS HAPPENED

THIS HAS HAPPENED
BERTHE LOU WARD marrlcs
ROD NItYER. who hnd previously
been engaged 10 LILA MARSH.
The latter nmuxes herself by tell.
ing their friends that she was
Rods first love. nnd continues to
make life miserable for the bride
until She meets a rich MIR.
LGREE and marries him. Then
she asks BERTHE. Lou to forgive
the past.
Trying to keep up socially with
their wealthy friends plunEes the
Dryers in debt and Rod becomes
depressed. Lila scixcs her chance
to persuade him to accept a
higher s:ll,Iry from LOrce. prom.
isinE security from financial
worry.
Shortly nfter. she asks Rod 70
put some Of her Jewels In the Of
flee vault during her husbands
absence. When he returns the
ease the Jewels are gone. lie
wants to notify the police hut she
demurs. pointing out thnt sux-
piciO0 against him might spoil
his career. They keep the matter
secret. and Rod promises to pny
for the loss NJ he can save the
money.
BERTHE Lou finds out that Rod
has deceived her twice regarding
his engagements with Lille and In
hcartbrOken. A Telegram calls her
to her sick mother and che leaves
without seeing Rod.
Lila prevails ON him to spend
the weekend nj their country
BERTHE Lou d angered NJ his In.
difference and stays away several
weeks. Lin plants seetla OF doubt
In ROd's mind. and he 10 90 cold
when BERTHE Lou comes hack that
she goes out 10 dinner with mn.
other man when Rod tells her
that he has an evening. engage
ment.
NOW GO ON WITH THE STORY
CHAPTER xxx
RERTIE LOU experienced Z
gratifying sense OF action Ia
speeding along the parkway with
Marco in his open roadster. The
rush Of a cool wind In her face. the
soft whir Of the motor-these were
in perfect tune with her mood. She
wanted movement, activity-even
danger she courted.
Marco took a curve on two wheels
and Berthe Lou was thrown over
against him before he got the car
on all four wheels again.
But she did not protest. Rather
liked It: He stole . glance at her,
thinking she might bs too fright
ened to speak. There was 40 hint
Of fear on her countenance.
you're q nervy girl" he compli'
mented her. y hate squealers."
Go as fast a. you like" Berthe
Lou told him.
But Marco was through. HI
didn't dare get another ticket
Neither did he want an accident
His fathers ultimatum. delivered
in dead earnest just before be
sailed for Europe . few weeks
since. had left Marco duly i'm
pressed.
THEY arrived safely at Sher.
rard'4 And Marco was hungry
90 they took q secluded table and
dined without dancing. While they
awaited the hors d'ocuvre he offer
Cd BERTHE Lou another cocktail. She
did not refuse 90 Marco poured tho
drinking water back into the ias
aud added the cocktails to the ict
that was left In tho glasses.
BERTHE Lou wes not acc lst0med e
drinking The gin 1hs na6 taken q
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
Tribune Classified Advertisements
PHONE 82-
ESTRAYED

GONE ASTRAY-Four horses, 8
white. Two are branded, one with
NIB and the other CIR on left hip.
Chestnut branded also on left hip.
Kindly notify Peter Wetstein, s
miles east Of Bismarck.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
HUBBY IS LOVE DUFFER.'
SAYS NEW YORK DOCTOR
(By NEA Service)

VOy N1Iz& 0cI WIZ
Cleveland, Aug. 9.-The American
husband is a "love duffer." That's
the conclusion reached by DR.. Joseph
Collins of New York, neurologist and
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

FOUND-Truck tire ana rim. Own
err may have same by proper. iden-
LITIGATION and paying advertising
charges. Mrs. I. H. Omodt, Dris-
coll, N. D.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
AUTOMOBILES

AUTOMOBILE
FOR SALE-1928 Chandler Six Sc
dan. Used for demonstrating pur-
poses and driven about 2400 miles.
Very reasonably priced. Phone
T 1452 or write NJ. O. Steen. Bis
marck.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

1925 FORD touring-starter, de-
mountable rims, first class me-
charical ondition. $4,000. He
dahl Motor Co
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

WANTED-Young man for office
work. Apply at Stacy Bismarck
Co.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

BARBER Profession offers better
opportun.- .es. Write Moler Bar
Der College, Fargo, N. D., Butte,
NJ nt
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09
WANTED TO RENT

WANTED TO RENT-Good-sized
sleeping room in modern home
within six blocks of the postoffice.
Address Postoffice Box 46l, Bis
marck, N. OAK, or call telephone
, No. 652, between 900 a. m. and
400 p. m.
WANTED TO RENT-Two or three
furnished rooms or a four or five
room modern house, furnished or
unfinished. Write Tribune, CO
Ad 26.
WANTED TO RENT-Six or seven
room modern house by September
GA, Bismarck.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1928-08-09

STUDEBAKER Light Six touring,
reprinted. very good condition. A
snap at 1925. Hedahl Motor Co.
1924 FORD TUDOK-Repainted.
Good mechanical condition, 1925.
Hedahl Motor Co.