davidaulloa/AmericanStories huggingface dataset:
Evening star., 1936-04-03
BY NINA CARTER TABB.

A MONG the interesting sporting
~ events of Virginia and Mary
~ land to be held tomorrow will
u be the Deep Run hunt race
meeting at Curles Neck Farm near
Richmond Va. where all the good
steeplechase horses that have been
Wintering at Camden, South Carolina,
and which ran in the Carolina Cup
races there last Saturday. will meet
the horses that have wintered here.
There will be six interesting races run
at this first Virginia meeting and
many Northern Virignians are travel
ing to Richmond for the week end to
see some of the best cross country
horses that We have.
Orange County hunt at the Plains
Is having point-to-point races Satur-
day morning at 1890. First a race
for individuals. then race for pairs.
No horses that have raced at hunt race
meetings or over any steeplechase
course can compete in these two
classes, as they are just for hunters.
The races will start at Freddy Princes
farm. but the finishing point will not
be given until late Friday. In Mary
land in the Green Spring Valley, there
will be the junior cross country steeple-
chase, which will be run at o'clock
pm, on Saturday.
The Riding and Hunt Club are
having their hunter trials out at Brad
ley Farm Saturday, starting at lis
pm They already have 100 entries
and are expecting about Is post en-
tries. Mrs Robert Winmill of War
renton long famous for the way she
rides in and wins hunter trial classes,
is bringing her horses down. Alex
Calvert of Warrenton also has several
entries, ]. E. Keyser of Flint Hill. Va,
will be there with his string. There
are 16 horses coming from Fort Myer,
among them Turn On" owned and
will be ridden by Capt. Marion Car
son. DR.. James Greear has several
, horses entered and will ride them him.
self. DR.. Fred r. Sanderson, M. F.
H. Of the hunt has his two gray
hunters in and will ride them over the
course. Comdr. Justice Lee will ride
his noted hunter Bolter, who won in
the pairs class in the Middleburg
Hunter Trials; Miss Margaret Hill,
who rides SO beautifully, will compete
in most of the classes. and Mrs. Robert
Guggenheim will ride number of her
famous hunters.
Conditions of the trials are as fol-
lows: The course is 112 miles over
native obstacles of IL fences, second
refusal anyhere on course, fall of horse
and rider or losing course. eliminates.
Horses will be judged on performance,
form over jumps and across country,
and condition of entry at the finish.
Percentage of marks, jumping, man
ners, pace, style and condition, 80 per
cent; conformation 10 per cent. Only
the first six in jumping, manners and
pace will be judged for conformation.
Evening star., 1936-04-03
Maryland as well as In all other
States was increasing.
ElosAd SAasnn TInnAceaaary

Maryland as well as in all other
States was increasing.
Closed Season Unnecessary.
Weather reduced the wild fowl bag
last year, Lecompte said, 20 that
ample numbers Of ducks and geese are
left.
Because Of these supplies, he said,
q completely closed season Is "abso-
lutely unnecessary at this time"
In the report, which covers the
fiscal year ended last Fall, Lecompte
recommended that the Legislature re-
fund to the game department $63,2l2
which 1t turned into the State Treas
ury during the fiscal years l934-35.
He also suggested Tightening OF
the dog laws to permit game wardens
and State policemen to kill all dogs
found pursuing game except when ac-
company1ng a hunter.
Income Now 100000.
The amount turned into the State
Treasury from game department
funds. Lecompte said. was q surplus
caused by a change in bookkeeping
methods. The change in funds re-
suited In q shortage the following year,
the game warden said.
He said the fund was derived wholly
from hunting and fishing license fees
and not from general taxation. The
annual income from fees, he said, had
grown from SSH to more than
800 900 for the last few years.
Evening star., 1936-04-03

Contestants will be required to cover
the fiaged course. keeping the red flags
on the left, white flags on the right.
Any competitor jumping the tagged
fences before hand will be disqualified.
In judging conformation no exception
will be taken to hunting blemishes,
provided they do not interfere with
the efficiency of the horse as a hunter.
Allowance will be made for horses
light in flesh due to hard hunting.
Riders are urgently requested, but not
required to wear uniforms Of their
hunt. There will be five classes.
Glass A, Riding and Hunt Club Plate
Open to horses hunted regularly by
members of the Hunt. which have
hunted at least twice since November /,
with Riding and Hunt Hounds. Prize.
plate presented by Mr.. Henry L. Stim-
son. Plate to be won three times for
permanent ownership.
Glass B. Chevy Chase Plate-Open
to any hunter that has hunted at least
Evening star., 1936-04-03
three times with an organized hunt
since 1895. Prize, plate.

since 1895. Prize, . plate.
Glass G, Montgomery County Plate
Open to any pair Of hunters, not neces.
sarily Of the same ownership. One
horse of pair to lead and be followed
by second horse Of pair, until they
reach q designated point on course, at
which time the second horse will take
the lead, rear horse to follow leading
horse at safe hunting distance. Horses
to be owned and ridden by an organized
hunt.
Glass D, Masters Plate-Open to
hunters owned and ridden by members
Of, or subscribers to, an organized
hunt. Prize. plate, presented by DR..
Fred r. Sanderson, M. F. H.
Glass e. Potomac Plate-Open to any
team Of three hunters. not necessarily
of same ownership. Horses OF teams,
to follow at safe hunting distance. The
judges for the hunter trials will be
Sterling Larrabee, M. F. H.. of Old
Dominion Hunt, Virginia; Augustus
Riggs, M. F. H., of Howard County
Hunt, Maryland. and Col. T. ]. john
son. United States Army Remount
Service.
Evening star., 1936-04-03
MENACE TO GAME
SEEN IN MARYLAND
Warden Scores Lack of
Conservation Interest in
Some Sections.
BY the Associated Press.

BY the Associated Press.
BALTIMORE, April 3.-The interest
taken by the farmers and sportsmen
in Western Maryland in protecting
wild life was said by E. Lee Lecompte,
State game warden, today to have
maintained a uniform good supply of
game In that section.
Lecompte, in his annual report, said
that hunting in the State was being
menaced by the lack Of. interest in
conserving game on the Eastern Shore
and in Southern Maryland. He said
the Eastern Shore supply had been
deficient.
Lecomptes report said that game In
Evening star., 1936-04-03
Armed Fares Rob Taximan.

Horace C. Austin, Al. cab driver. OF
1900 Belmont road, told police today
he was robbed during the night OF sl2
by two colored fares, one Of whom held
a gun in his ribs while the other rified
his pockets.
Evening star., 1936-04-03
SOROPTIMISTS MEET
Club Entertained by Girls of Mar
iorie Webster School.

jorie Webster School.
With girls from the Marjorie Web
ster School participating in the en-
tertainment program, the Washington
Soroptimist Club held a social meet
ing at the school Wednesday evening
Felian Garzia, pianist, played several
numbers.
Others on the program were Joyce
Romero, tap dancer; Marjorie Webster
reading and monologue, and Grace
Goodpasture and Ruby Neal, who pre-
SeEted a skit.
Evening star., 1936-08-01
CHICAGO LIVE STOCK.

Agr rJ@Hoss., $500: including 5000 "a a.
rect; nomnally steady load Sh9ise THsf 23T fSg
450-5O0 pound sows., S;5Qa70; shippers
took none; estimated holdover; loo;
nominal top 11.30: compared with week
ago. barrows and gifts 1925 higher; soWS
Cattle, 1900; calves: 100; compared
Friday last week; medium weight and
weighty fed steers. $500, mostly 90, lower
on kinds scaling 400 pounds upward;
trade closed very dull on steers, scaling
steady on light -yearling steers and light
heifer and mixed yearlings; long yearlingS
and most fed light steers at least 25 lower;
grassy and yarmed-up kinds 25 or more more
killing classes; largely fat steer run; mid
dle-grade beef cows SO lower instances
more; cutters 25 down, but strictly choice
ed-up heifers $3.50 lower; bulls, 1915
off and vealers $3.50 under week ago;
extreme. top fed steers. 1000; practical
top light and weighty offerings. 9. 40;
steers. 9.15. but S69-pound heiferS sold
up TO 9.4O: about 1000 Western grasserS
in crop, mainly stock steers. stock heifers
Sheep. 1000 including . 500 direct: for
week ending Friday, 24.900 directs. Com
pared Friday last week. native lambs steady
to 25 lower. medium and lower grades at
earlier this week: top natives, 1915 SPAR
lngly. weeks bulk better srades. 975a
1926; medium and low-good Montana
ranch lambs. $50; with throWouts at 500:
killers; Nebraska fed California clippers
1000 straight: top native yearlings. 900;
best Pfs1 pounds at $50 and Better Gn{ az
close: Weighty ewes down to $50. with
inferior aged sheep on down to 1.50.
Evening star., 1936-08-01
Stock Averages
BY VICTOR EUBANK,
Associated Press Financial Writer.

NEW YORK, August 1.-StockS, OIL
balance during the greater part Of
today's brief session, rallied quietly in
the final half hour.
The majority, however, failed to
gain any momentum on the comeback
and the close was irregular. Trans
fers were around $4,000 shares.
Drought news continued to depress
some of the farm implement issues
and others, although the edge seemed
to have worn off the selling even in
the stocks of companies with an eye
on agricultural incomes.
A number of specialties ran counter
to an extension of the profit taking
movement and few of these emerged
with substantial advances.
Some of the steelS, rails, utilities
and mines were able to hold their own
or push higher.
Business developments were sus-
tanning influence throughout and
commission houses found little evil
dence of important liquidation. At
the same time buyers were timid and
many traders absented themselves
from the board rooms to take advan-
tage of the fine holiday weather.
G. c. Murphy stock was strong
spot, jumping some 10 points. Steady
to firmer were United States Steel
common and preferred, Bethlehem,
Youngstown Sheet g. Tube, Douglas
Aircraft, American Commercial Alco-
hol, United States Rubber, Goodyear,
Du Pont. American Can. Consolidated
Edison, New York Central, Pennsyl-
vania, Corn Products and California
Packing.
Losses of as much as 2 points we're
either reduced or Cancelled by j. I.
Case, Deere, International Harvester,
American Telephone, American Water
Works, Northern Pacific, Continental
Can and Zenith Radio.
A shade in either direction were
Sears, Roebuck, Montgomery Ward.
General Motors, Chrysler, United Air
craft, Anaconda. North American, In
ternational Telephone, Standard Oil
of New Jersey and General Electric.
Evening star., 1936-08-01

Approximate Sales of Stocks the n Y Stock Exchange
1100 AN. 100000 1900 Noon. 100000
DIVIDEND rates given the above table the cash
the quarterly hayery declarations
Unit Of trading less than 100 shares Annual ratenot
PAID last Compaes reported in receiveship being
J reorganzed dividend
Evening star., 1936-08-01
Washington Produce

BUTTER-Range of prices to stores
gathered from wholesale dealers tprlceS to
nearby shippers based on Philadelphia
and New York pricesl: One-pound prints.
carton C92 score), 80; .1-pound prints,
earton eaTton o.. seore}. eore 81 H-pound Prints.
carton 900 score). SO; tubs (92 scoreD, So;
MEATyBeef. i3a16: veal. 15a17; lamb,
22a24; smoked ham, 27a29: fresh ham,
24a@6: pork loin, 23a25; compound. 10i2a
LIVE SToCK-Pies. 9laa1O: light hogs.
1OaI0l2; rough, 9a9l2: mediums, 10i2a1i
heavies, 9a1012; calves, 6asl2: lambs
1al0.
Evening star., 1936-08-01
UNITED GAS NETS
$13,21Q,388PROF|T
Half Years Total Compares
With S13,934,753 in
Same 1885 Period.
BY the Associated Press.


NEW YORK, August Limited
Gas improvement Co., Philadelphia,
controlling public utility properties in
Pennsylvania, Missouri, Arizona, Ten
nessee and New England States, re-
ported for the six months ended June
80 net income of $13,21O,388, equal
after dividends on the preferred stock
to AZ cents share on the common
stock. For the first half last year
net income was $13,934,753, or 81 cents
a share.
Briggs g. Stratton.
Briggs & Stratton Corp, automobile
accessories, with plants at Milwaukee,
had indicated net profit of S271, BIT
ior the June quarter, equal to 81 cents
a share of capital stock, with no pro-
vision for undistributed profits sur
tax, against 1921 $50, or SLOT share,
in the preceding quarter and $320,269
or S1.06 share, in the like period
last year.
Niagara Share Corp.
Niagara Share Corp. of Maryland,
holding an investment concern, re-
ported net assets on June 30 equal to
$l664 per share of class "B" common
stock, against 1854 per share on De-
cember 81, 1885. Since the end of
June, the report added, ''the market
appreciation in some Of the company S
principal holdings is estimated to have
lifted &c
mon stock to around $40 a share" "
North American Aviation.
North American Aviation reports
for the six months ended June 80 net
profit of $86,026 after Federal income
tax and depreciation charges amount
ing to $363,517. This compared with
net loss of $102,820 after depreciation
charges amounting to $308,885 in the
first half of 1885.
Evening star., 1936-08-01
WARNER PLAN DUE.

NEW YORK, August (P.-Finan-
cial circles heard that negotiations for
refunding Warner Bros. $31 1924 900 of
per cent debentures have progressed
to the point where an announcement
Of definite plan is expected within
abort time.
Evening star., 1936-08-01
U. S. TREASURY POSITION
Ry the Associated Press

The position of the Treasury July 30:
RECEIPTS. 50. AL .SOS.19; expenditures
S45. .S23.724 80; balance. S2.251,175,
S30.40S. 1888.
Receipts for the fiscal year (since july
966. $500 Including S73. .53s. .36o5 81 OF
emergency expenditures: excess of ex-
penditures S119.726716.O2; gross. debt
500. .S8s. SO under the previous day; gold
assets. S10.643. .313. .655.32.
Evening star., 1936-08-01
HEADS ELEVATOR FIRM.

NEW YORK, August l (P).-Direc-
tors of Westinghouse Electric Elevator
Co elevated Frank c. Reed from the
vice presidency to president of the
company. He has long been identified
with the elevator industry.
Evening star., 1936-08-01

Stock and Sales Net Pr
Dividend Rate Add co. High Low Close Chge Higl
The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-09-11

tiff presented the Clerk of the
probate court as a witness who
produced some of the probate
records he was not even ask
ed whether or not the statu-
tory notice had been given by
him; so if necessary the pre-
sumption prevails he per-
formed his official duty and
did give it.
at follows that the probate
court had jurisdiction of plain
tiff, and accordingly follows
the usual consequence. That
is, though plaintiff a minor
and unrepresented other than
by the Court at least obligat-
ed to protect his interests
whether or not it did he none
the less had his ebay in
court" and is bound and
concluded by the proceedings
even as adults in like circum-
stances, save certain statutory
rights are his to be timely ex-
ercised in the probate of some
other court"
We apprehend that this is a trial
de novo in the Court of Appeals.
If so, we have serene faith that
on this question, which if answer
ed in favor of appellant, would
be decisive of the entire case
against all appellees in toto, the
Court may prefer to walk surely
in the day light of actual facts
shed by Mr.. "T. E. G.'s" letter,
of the res gestae, than grope in
the moonlight of a weak presump-
ton, negatived by absence of any
other confederation in the record.
Nor we hope will we be chided,
for failing to ask a clerk of a
court to answer from memory
he mailed a paper to a
particular person at a certain ad-
dress 10 years before when there
is nothing of writing to refresh
or confirm his memory. Nor will
we stimulate a young man of 81
to testify positively that some
paper was not given to him when
he was 9 years old (Heritages re-
gained by such means turn to
ashes in the mouth.)
The learned trial judge should
have visited the consequences of
failing to make a full disclosure
about a notice having been serv-
The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-09-11
Heir Of Wealthy Rancher SWindled Out Of His Herda@

ed, if any had been, on the defen-
dants rather than on the plain
tiff who was 9 years old when the
transaction occurred, in view Of
the testimony of Attorney T. E.
Gilbert when his brothers coun-
sci threw him on the mercy of the
court. T. E. Gilbert was of age,
admitted to the bar, when Mont
gomery died. He, not the clerk,
was conducting the probate of
Montgomery's will. When T. E..
Gilbert, on the stand, speaking of
the initial probate proceeding is
not asked about the statutory no
tice, and does not assert it's hav-
ing been given; 1T WAS NOT
GIVEN. The finding of due no
tice given was the finding of the
printer who printed the form that
the judge signed.
T. E. Gilbert, called as a wit
ness on behalf of the defendants,
testified as follows:
"My name is T. E. Gilbert;
my occupation is a lawyer; l
know Mrs. Cecilia Montgom-
cry. On November 10th, 1919,
I addressed a letter to her of
which you now hand me- a
copy. The letter contained a
waiver of notice, original
waiver of notice Of hearing of
petition for probate of the
William Montgomery Will. Ex-
hibit 1 is a copy of the notice
except that there were no sig
natures upon it when I sent
it. Later l saw Mrs. Mont
gomery at MY Office and the
notice was delivered to me, of
which exhibit 1 is copy. It
was then signed and I deliv-
cred it to the court with the
petition for probate.
"MR. POORE: We offer
this in evidence.
"MR. MAURY: To which we
object as not material; child
The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-09-11
THE SUBSTANCE
OF THE EVIDENCE
Defendants Below

The defendants produced and in
PRODUCED in evidence by certified
copy the complete record and files
Of the probate court.
No paper or document appears in
the records of Beaverhead County
Court indicating in any way that
the plaintiff was ever served with
any notice or that any constructive
service by mail was made of the
hearing of the application for the
probate of his fathers will. AS
heretofore announced the order of
the court did recite that due no
tice of the hearing had been given.
Ordinarily this recital carries with
1t the presumption of jurisdiction
and that notice has been given
but when there is of record some
thing obviously false, forged and
vain upon which the statement of
the court as to due notice is ap-
parently based, the presumption
fails. 1t may not contradict the
record, to which verify is accord
ed. The recital is presumed to
have been based upon the false,
forged and vain document and the
statement in the order that due no
tice has been given is held for
naught and fails to confer juris-
diction. The record is what the
courts ascribe verify to. Here the
recital of due notice contradicts
the record.
Exhibit 1, set forth by copy in
the record can be understood only
when the photographed copy, the
original exhibit 1 now in the Gus
tody of the Court of Appeals, is
examined. Apart from the vanity
of presenting to a court a written
waiver by a 9-year-old child, the
name of this child, now plaintiff,
and the names of two other chill
dren of William Montgomery, are
all in the handwriting of Cecilia
l.. Montgomery, who signs as the
top signature. 1t is palpable for
gerry and idle as such a waiver.
That the exception to the gem
eral rule of presumption of juris-
diction from recital of notice hav-
ing been given, ii. e., it fails if
the record shows affirmatively
that jurisdiction was claimed
through a document found to be
false, forged and insufficient), is
based on the common sense and
experience of mankind, is we'll ex-
emplifed in a letter, Exhibit 80,
signed "T. E. G." addressed to
Mrs. William Montgomery the day
after Montgomery died. "T. E.
G." is Thomas E. Gilbert, brother
f the defendant, J. T. Gilbert, and
his attorney throughout the pro-
bate proceedings. We quote from
it:
Enclosed herewith please
find a waiver of Notice of
hearing of petition for probate
Of will. Please sign this YOUR
self and have each of the chill
dren sign on the lines below.
This is necessary since our
laws require this or ten days
written notice served upon
each of the heirs at least ten
days before the day set for
the hearing. This method of
obtaining your consent to the
hearing is much simpler and
causing less red tape. Kind
ly sign same and have each Of
the children sign same and re-
turn to me as soon as pos.
sible."
roo d
The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-09-11

anything. cannot ws,,.
%I36 COURT; o..
lr,o MIR. MAURY: SSvverrula
IN While l am not ~ , M NJ. Nsoy
the last three ' nos. say tIs
notice ,t: James names %oS,.oa IT,
Annie E. Mont%S0Osnlt gOnsrS
George H. MonfSsOo.ner an
written in the saT ssO@ery, a.
ing and apparent I,s H1andVlt.
person that wrote n Eae sane
Montgomery als la cecilia |
three names" wrote tAoN
Witness excused,
How easy here 70, !,
counsel S.GI to have a AL gSetenday
Gilbert, whether an rSA ia attoaS
were given than sr O.ler AoES
waiver. They were epp csa. n d
steps in the probate proving nag d
ton. OO'''plete iu'6SS.
No vouchers were 49,. !.
{. Gilbert in the probate co1,t al 4
mony of Rife, the cle sS1iI \, s'
An inventory and aD0..,.
of the estate filed some npvfiiS .as s
1t was due by statute ~uls ate
1920, is exhibit 2. It Is h. 4M
ocurt in original form Of ' S.stis "
copy and also copied int n ' 4. \
cord at 243 R. 1 to 247 r % "
appraisal, 247 R. S, Of s N q I,5 Y.
as of date, February Srd 3'I ion y
this 1092O acres is Of land i' vsi. Y
at $12S,8OO.OO. The rest i i' ~s
sonal property of the VAN. h y J,
$183,39O.OO. Wv 'S''
Exhibit S,248 R. 4,
Of date October 18th. lO0S y.
Alfred N. Peterson, a si ISTS ny n~
party of the first part. T6s m a1
Of the party of the second D'r
Continued on Page 4
The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-09-11

The petition for probate of the
will, exhibit 81, alluded to in this
letter recites the age of plaintiff
who was to sign this waiver as 8
years (and other children under
majority 407 R. 5-10. This also
was part of, i. e., the basis OF the
rest of the record.
A notice Of the hearing, signed
by the Clerk Nov. 6, 1919, filed the
same day "that all persons inter-
ested may appear and contest the
same" is exhibit %. 400 r. No
notation of service or mailing ap-
pears of record. The plaintiff
testified that he had no recollec-
ton of having received any notice.
TAT r. z. This state of the record
is treated in the decision as fol-
lows:
"Advertiing to the first, the
order of probate of the will
and letters to Gilbert recites
that "due proof" was "made
that notice has been duly
given" and there is no sub
stantial evidence to the con-
trary. Inheritance the crea-
ton of statute is subject to
statutory regulations, and pro-
bate is so far in rem that wills
may be probated and estates
administered without notice or
representation for minors
land adults too for that mat
teri, save to the extent re-
quired by stature, which in
this state does stipulate for
notice addressed" to the heir
and deposited in the post
office" or personal service is