Newspaper Page Text
"I '''g'"r'lJ)liWiMS)- faf-lrtj - a-tay .nn.wnwwpry.
ff .aaMn .if..i.yw,
D ama i n i iip wiHwiyi 1 1 , ii i HtuwfiiTT , j . , i mi imwfmmtkm
THE DEMOCRATIC BANNER
l"J . iJ
Jtltr In.,, utfUnl ,..,n.. ,..,..,
ii - hmc. . ii JJl IHJJMW. WlllUMByi'i-. .,
TUE8DAY, APPIL 17, 1H7
' , '
HULL AND Si LUMBER CO. WIN
IN APPELLATE CT. DECISIONS!
Judges Report In Nine Of
Fifteen Cases Heard
TWO REVERSALS IN
8 SNAPPY OPINIONS
Single Criminal Action, That
Of Worley; Other Items
Opinions in eight cases were band
ed down Satin day morning by Judges
CThlttenden, Kinkead and Richards of
the eighth appellate district of Ohio,
who havo been sitting here the past
week in placo of Judges Powell,
Shields and Houck of .the fourth dis
trict, and an entry has been ordered
in a ninth caso. rifteen case wero
beard in all
In seven of the opinions, together
"with the entry, the judgment of the
-common pleas Judge is sustainod
while in two, the cases in error of
Itobert S. Hull vs. George William
Chisholm and the Sun Lumber Co. vs.
Jeorge William Chisholm, the judg
ment of the common pleas judge is
roversod. The judges concurred in
A single opinion deals with the lat
ter two cases. It was written by
.Judgo Chittenden. It orders that the
petition of the plaintiff bo dismissed
at his own costs and the titles to real
estate of It. S. Hull and the lumber
company bo quieted. Tho real es
tate in question is located on East
This case has proved to be of un
usual interest. It turned about the
will of the late Sarah Hutchinson.
Plaintiff averred that Alice V. Hutch
inson took only a life estate in tho
.property. Defendants maintained
that she took a title in fee sinipfo.
"The appellate court concurs in the
latter claim, averring that Alice V.
Hutchinson took a title in fee simple
And that the defendants hold the
property by a valid title.
THE ROBINSON CASE
Another caso of exceptional Intor
st was in tho matter of tho guardian
ship of Charity Ann Robinson. This is
the fifteenth time this action has bocn
heard and tho litigation extends over
a period of years. The appellate court,
Judge Kinkead writing the opinion,
liold that, because of tho lack of a
motion for a new trial in common
pleas, tho judgment of that court was
-sustained. The appellate body signi
fied its willingness, to have reversed
the judgment as against tho weight of
the evidence, in failing to show that
the ward was an Imbecllo, had such a
motion been made.
FULTZ VS. BROUGHTON
Judgo Richards wrote the opinion
inthe case of Mary E. Fultz and oth
ers vs. John T. Broughton. It is stated
that plaintiffs sold defendant property
in tho city of Mt. Vernon for a cash
-consideration of $1,750 and 100 shares
of Augustine Rotary stock. Plain
tiffs claimed misrepresentation on tho
part of defendant as to tho value of
tho stock and sought to recover the
sum of $2,500. The court holds that
an examination of the bill of excep
tions falls to show that the judgment
of common pleas court was not so
manifestly against tho weight of evi
donee to warrant reversal and accord
ingly affirms the same. "It Is evident
that there Is a hopeless conflict as to
what was said." reads the opinion, re
ferring to tho counter-claims of
Broughton that he had not misrepre
sented tho valuo of tho stock.
McGUGIN VS. DRAKE
Tho opinion in this case was writ
ton by Judge Chittondon, his asso--ciatos
concurring. The original salt
was brought by McGugln to recover
$100 on a promissory note executed to
him by the Drake Co. which later be
came a bankrupt. This claim was not
listed In tho bankruptcy proceedings
and -tho action was brought after tho
company was discharged, it being the
claim of McGugln that this discharge
dldnot affect his claim because of tho
bankruptcy law of 1898. The court
holds that plaintiff had knowledge of
tho bankruptcy proceedings and, ac
cordingly, affirms tho judgment of
common pleas, which was against
COLE VS. A6HBAUGH, Trustee
Tho action hero was originally
brought by Ashbaugh. to recover the
value of a horso and wagon sold by
Ii. W. Kllkcnnoy, Ashbaugh's bank
rupt, to Robert h. Colo. Judge Kin
kead wroto tho opinion which holds
that tho judgment of tho common
J pleas Jury in roturnlng a verdict in
favor of Ashbaugh is affirmed.
IN RE PURDY EXCEPTIONS
Judgo Chittenden prepared tho
opinion in tho exceptions to (ho ac
count of Gladys P. Purdy, adminis
tratrix of her mother's estate. In
common pleas, tho first and sixth ex
ceptions were sustainod and tho sec
ond and seventh overruled. Appol
late court says this action was cor
rect and affirms tho Judgment.
WORLEY CRIMINAL CASE
Holding that the trial judge was
correct In withdrawing tho testimony
as Incompetent, that Bert Claggott,
prosecuting witness in tho case of H.
B. Worler. chnruod with shooting with
'intent to wound, was of a wild and
vicious character, the nppollate court
affirms the Judgment of common
pleas court in ordoring Worley com
mitted to the state reformatory on the
charge named nbovo. This testimony
was to the effoct that Claggett had
oncq' threatened, referring to Colum
bus policemen, that he would "fix
BEATTY VS. HORSE CO.
In tho caso of A. J. Beatty vs. The
Now Castle Horse Co., an entry was
made affirming tho Judgment of com-
i mon pleas court. Tho appeal was tak
en in tho matter of costs.
OPINIONS BRIEF AND SNAPPY
All of the opinions of tho judges are
of a very brief character and come to
the point immediately. There is no
involved discussion of legal points at
issue. Judgo Kinkead loft Saturday
for Cleveland, Judgo Chittenden for
Toledo and Judgo Richards for Clyde.
They will sit in Cleveland next week.
The Israel Will
Tho will of Lavina Israel has been
filed for probato. It was executed on
January 2, 1917, In the presence of
William McGlado and C. F. Colville.
To a grand-niece, Kathorine Critch
fleld, is loft personal effects; to trus
tees of Home for the Aged, $100; to
flvo nieces, Louisa Cook, Lizzie C.
Crltchfleld, Nannie Porter, Sarah I.
Dunkirk and Addto Arnold the sums
of $500 apiece; to Samuel H. Israel,
a brother, various personal and house
hold effects and all real estate on east
side of North Main street on condi
tion that he pay executors $6,000.
The balance of the estate is given
two brothers, Samuel H. Israel and
James Israel, the net incomo from
which is to bo paid quarterly to Kath
erino Critchfleld, to whom estate shall
descend, or, in event of her death,
property is to go to the five nieces
Samuel H. Israel and James Israel
are named executors.
An application has been fllod by
W. H. Jones for the administration of
tho estate of Melvin Toothman.
Hearing, April 19 at 10 a, m.
The Vernon Estate
An Inventory and appraisement has
been filed by Luman Vernon, execu
tor of Isaiah Vernon, showing: goods
$85, money $1,374.38, securities $155.
09, real estate $1,700, a total estate of
An appratsement has been ordered
in tho case of Joseph W. Robinson,
trustee of James W. Robinson, vs.
James F. Robinson.
Edward H. Kaufman, fanner, and
Florence Ellen Henley, both of Jef
ferson township. Rev. J. W. Schmidt.
Mary Clowe to Clarence Harris,
part lots 32 and 33, Bladensburg, $250.
Mary E. Buckingham to Clarence B.
White, parcel in ML Vernon, $1.
Thomas-Woodhall to Martha Stelts,
lot 1, Rogers' addition to ML Vernon,
There Is mora Catarrh In this sectiOB
of the country than all other diseases
put together, and for yearn It was Bup
posed to be Incurable. Doctors pre
scribed local remedies, and by constant
ly falling to euro with local treatment,
pronounced it Incurable. Catarrh la a
local dlBoase, greatly Influenced by con
itltutlonal conditions and therefore re
quires constitutional treatment. Hall's
Catarrh Cure, manufactured by F. J,
Cheney & Co., Toledo, Ohio, la a consti
tutional remody, is taken Internally
and acts thru the Blood on the Mucoua
Surfaces of the System. One Hundred
Dollars reward Is offered for any case
thct Hall's Catarrh Cure falls to cure.
Send for circulars and testimonials.
F. J. CHENEY &. CO., Toledo, Ohio.
Sold by DruBBlsts, 76c.
Bail's Family Pills for' constipation.
Tho wedding of Mr. Corral Wollmnn
of Akron and Miss Dorothy Thomp'
son of Gnmbler was eclobrated Sat
urday morning at 10:30 o'clock in tho
Church of tho Holy Spirit, Gamblor,
the Rov. A. S. Winslow and Dr. D. I
Davles officiating. Tho couple was at
tended by Kdward Thorn and Miss
Ruth Thompson, a Ristpr of tho brldo.
The bridegroom Is tho son of Mrs. II.
V. Wollman of Gamblbr and the brldo
is tho daughtor of J. B. Thompson of
Gambler. Tho bridegroom is In the
employ of tho Goodrich Rubber com
pany of Akron, and is n member of Mt.
Zlon lodge, No. 9, F. & A. M. of this
city. Mr. and Mrs. Wollman went to
Akron at noon Saturday. Following
tho wedding, a breakfast was served.
The out-of-town guests at the coro
mony wero Mrs. Lylo of Hartford Ci
ty, lad., Earl Westorvelt of Columbus
and Mr. and Mrs. Arthur Thompson
Of Miss Freeman And Mrs.
Thomas A Delight '
Many ML Vernon Music Lovers Hear
Fine Program At Congrega
A largo and appreciative audience
greeted Miss Agnes Freeman, pianist,
and Mrs. Edgar Thomas, contralto so
loist, at their rocital at the Congre
gational church Friday evening.
Miss Freeman and Mrs. Thomas
are recont additions to the circle of
Mt, Vornon's musicians but their fine
ly rendered program showed plainly
that they aro not novices in recital
work. Miss Freeman has an excellent
technique and her artistic interpreta
tion of her numbers, especially of the
Chopin compositions, was very pleas
ing to all who heard her.
The dcop, rich tones of Mrs. Thom
as volco, together with her pleasing
manner, make her singing always ef
fective and those who came to hear
her Friday night with high expecta
tions wero not disappointed.
Tho Social club, under whoso aus
pices tho recital was given, was grat
ified to see so many of Mt. Vernon's
lovers of good music in attendance.
Miss Freeman rendered nine selec
tions on the piano, while Mrs. Thom
as sang nine solos.
Of Big New York Church
For Rev. R. W. Sockman
Bishop Appoints Former Mt. Vernon
Boy To High Ecclesiastical
The New York Mothodist confer
once has just closed its annual ses
sion in New 'York City and the Rov.
Ralph W. Sockman, son of Mr. and
Mrs. R, P. Sockman of this city, has
been appointed by tho bishop to the
pastorate of the Madison avenue
church in Now York. He succeeds
Dr. Worth M. Tippy, a former pastor
of the Epworth Memorial Methodist
church in Cleveland. Mr. Sockman
assumed charge of the church March
4, -after being called by the official
board, but tho bishop did not make
the appointment until this conference
MRS. ELLA W. SHAW
DIES OF CANCER AT HOME IN
Danville, April 14 Mrs. Ella Wat
son Shaw, 62, died hero Friday after
noon at 1:45 o'clock of cancer. She
leaves a husband, Oscar Shaw, three
brothers, H. L. Watson of Akron, H.
E. Watson of Danville and Conord
Watson of Loudonville; three sisters,
Mrs. Jennie Tish of Howard, Miss
Frances Watson of Howard and Mrs.
Kathorine Hopposs of Akron. The
funeral at 10:30 Monday morning nt
tho late home. Intermont In the
Centerburg, Apr. 14 A large Amer
ican flag was raised In the park
square here yesterday aftoraoon and
was attended by many people. The
schools were dismissed. Tho Center
burg band played patriotic selections
during the raising, after which Rov.
H. H. Miller of ML Vernon delivered
on inspiring address.
23 AND 24
ME DATES OF
Plans This Year Are Most
Elaborate In Its
OF 700 ADMISSIONS
Artists Greatest Aggrega
tion Ever Assembled In
In response to many inquiries, Pres
ident F. O. Levering of The Mt. Ver
non Festival association has announc
ed that the dates of this year's festi
val have been determined upon as
Wodnosday and Thursday evenings,
May 23 and 24. Ho further says that,
despito the high character of the as
sociation efforts in former ears, ho
is confident that this year's program
will exceed, both in musical effective
ness and character of the singers, any
thing that has been attempted by tho
It is rather difficult to determine
just who shou)d be pronounced the
star of this year's production, which
will be the opera "Faust."
Arthur Mlddleton, the basso, is prob
ably the best known. Formerly a
Metropolitan opera artist, he has in
lecent years devoted the greater part
of his time to the concert and oratorio
stage, and Is, perhaps, next to Evan
Williams, the best-liked singer in con
But if Mr. Mlddleton is the best
known, Miss Myina Sharlow is the ar
tist who has possibly the greatest ca
reer before her. The biggest hit of
the past Chicago giand opera season,
a woman of unusual beauty and
chaim, with a wonderful voice, those
who have heard her predict that in
tho next few years she will bo num
bered among the big sopranos of the
Another artist ML Vernon peo
ple will look forward to hearing with
great interest is Mrs. Paul Althouse,
who sings under the name of Zabetta
Brenska, the wife of the star of last
year's festival. If Mrs. Althouse's
notices are to be believed, she will
make a ery deep Impression on her
Mt. Vernon people will recall that
it was a big question last year wheth
er the association should continue
another year. Once having decided
that it should, the directors went
ahead with tho most elaborate plans
they have over attempted. And in a
week or so, an effort will be made to
determine whether this was justified.
There will be a personal canvass on
the part of a number of ladles to in
sure ' an audience of not less than
700. If this Is accomplished, the fin
ancial success of the festival is as
sured. Some indication of the reputation
which attaches to the Mt. Vernon fes
tival may be gathered from the fact
that one of the big musical journals
recently ran tho picture of one of the
artists who is to sing here in May
with tho lino beneath "Engaged for tho
Mt. Vernon May Festival." So suc
cessful havo been the performances
in the past, and so high the standnrd
of artistic excellence, that, apparent
ly, the fact of being engaged by tho
local board Is regarded as a feather
in a musiclan'9 cap to be exploited
as widely as possible.
MRS, MARTHA SLATE
EXPIRES IN DANVILLE AT THE
AGE OF 70
Danville, April 14 Mrs. Martha
Slate died at tho homo of her son
here this morning at 4 o'clock at the
age of about 70 years. Sho leaves
one daughter, who resides in the
west, and five sons, Walter of Dan
ville, Charles of Brinkhaven, James
of Coshocton, Samuol Slate of Ak
ron and one living in Tiffln.
Mr. and Mrs. James P. Lochary of
East Vino street went to Quaker City
Saturday for a visit with Mr. Loch
Mrs. O. A. Miller of West Chestnut
street, who has been at Mt. Cannel
hospital, Columbus, for several days,
underwent an operation Saturday
Mrs. J. Levy and son, Adolph, of
East Gamblor street wont to Colum
bus Saturday to spend tho day.
SUNDAY'S SERMON '
A PATRIOTIC ONE
We Are Unfurling Old Glory
For Cause of Justice."
WILL TAKE HO MONEY NOW
Slangy and Enargatic Evangelist An
nounce That HI Share Will Be Qlv-
n to Red Croaa and Y. M. C. A. Do
Ing Work Among United States Sol
diart Some Daacriptlva Adjectival.
Ho stood a tenBe, erect figure Btark
In the electric lights beneath the great
cuevlng sounding traard. One foot was
on hli chair. The other was on tho
top of tho pulpit in front of him. Hli
clinched hands were upraised, as
tbougli they grasped destruction. ULi
voice was bourse and excited, like n
"German militarism is doomed!" Billy
Sunday shouted in his great tabernacle
In Now York. "It Is doomed, and the
great guns of the United States are
going to help dig Its grave."
He whirled and leaped to the floor of
tho platform llko a cat, picked up some
thing from the carpet find Jumped back
to tho uncertain footing of pulpit and
chair with the same feline grace. But
now he held something in his hands,
something that murmured like distant
thunder a. he swung It back and forth
with the old bail player's heave, some
thing scarlet and sliver and blue. It
was the Aug.
''We are unfurling it now for the
cause of justice!" Sunday shouted, a
tense giiu in his sweat 'streaked face.
"It has never flown for anything else."
Roar Hidea Worda.
ADd then a great roar swelled up,
blotting out the words that followed.
Twenty thousand men and w omen rose
to their feet. Behind the lean black
figure, still swinging the standard back
and forth, two pianos crashed out "My
Country, 'lis of Thee." In a second
tho song had spread through the crowd.
Every one was singing.
At tho end of tho verse Homer A.
Itodeheaver, the suave, the easy of
speech, held up his hand. "We will
sing the 'Battle Hymn,' " Sunday's mil.
sic director announced and picked up
the trombone that has made him fa
mous at a scoie of relvals.
"Mine ejes iiave seen the glory of
the coming of the Lord."
The mighty marching song filled the
tabernacle to the highest of the unvar
nished rafters. Men coughed and
blinked nwav tears and tried to go on.
It was more of a prajer than a hymn.
The taut ligure of Sunday continued
to whirl the flag about his head until
the Inst tremendous note had died
away. Then he relaxed, leaped down
to the floor and mopped his face.
"That's all," ins said, with a weary
Thnt is the picture that the Rev.
William A. Sunday stamped for all
tlmo upon tho memories of 20,000 per
sons. That wns the magulQcent climax
of tho first day of the mightiest cam
paign that he has ever undertaken.
"God's grenadier," lie called himself
one of the Almighty's army who is
set in the forefront of the battle to
break the ranks of the foe for those
that follow. But it was not as a bomb
thrower that he went to New York.
It is not as a mercenary that Sunday,
the fighter, has gone to New York. Ho
has takeu up the conflict in the great
est city of the nation for the love of
the cause that he leads. Not one penny
of the thousands that be will receive
in his three months' service will ever
find its way into his pockets.
All of tho customary "gift offering"
given upon the last day of his stay will
go, after his employees have been paid,
to tho Red Cross and the Y. M. C. A.'s
doing work among the United States
soldiers. He will take notbiug for the
hardest work of his life.
This is the reply that "God's grena
dier" gave to those who have sneered
at him and have said, shrugging their
shoulders, "Sunday is only in it for
what ho gets." This time Sunday is in
it up to his strong, pugnacious chin,
and as a volunteer. "I won't have that
gang spit on me again and then try to
rub it in !" he shouted.
Ten minutes after he hnd begun his
first sermon he had trained all bis bat
teries upon the forces of evil lu New
York city. He peppered them with a
machine gun fire of adjectives "vile,
iniquitous, low down, groveling, worth,
less, damnable, rotten, hellish, corrupt
miserable," was only one salvo that he
directed upon them.
He blasted the "weasel 'eyed, butter
and milk, white livered, whisky soaked
gang" with shock after shock of In
vective and sarcasm. And with his at
tack be broke through the thin shell of
reserve that New Yorkers had brought
to the tabernacle. Ten mluutes after
the beginning of his sermon they were
cheering with him. Before he finished
they were yelling for him.
As usual, his hottest offensive was di
rected against "that worst crowd this
side of the penltenlary; that black
hearted gong of Bcoundrels the liquor
dealers." His attack upon them was
the climax of his afternoon sermon.
"Como on, you blackguards I" he yelp
(d. "Come on I I defy you I"
Ho fought nn imaginary foe across
the stage as hard and fast as ever
lightweight battered his way across a
ting. His face was dripping and red
when he halted, one foot and one hand
raised, tease and Quivering.
n8Te partin - palmer" '
Thete cars have been manufactured for 5 years by Commonwealth
Motors Company, Chicago.
E. W. HUNTSBERGER, Distributor
Citizens' Phone 454 Black, Mt. Vernon, Ohio,
H, E, FLETCHER, Manager
iMi - "WW ' I AKS r-
1 H(k (m Ffc2fi . v, .?f
-" r i vi J J-- i i Til' n J -I
BILL BLINKS HE SAYS:
As gaa goes up, you'll have to count
The cost of other thing and more
In tires and tubes, your bills will mount,
If you don't buy them at The Big Tire Store.
Miller Method Kelly Springfield
ftIt Vernon Tires and Tubes
Another shipment of nearly 200 seconds in next week
The BIG TIRE STORE
Corner Vine and Mulberry Streets
1 Corner Vine and Mulberry Streets I
I Vulcanizing and eep airing by h. s. b alr!
f "-""" "" ""-"""; ; ,r"t
; . ' BfcfcuU, &ttm & e.
When is a
When yon say "I'll take that suit"?
When you've had the suit home?
Only when you're
satisfied with the
suit and this is for
you to say.
That's our policy.
That's why it is so absolutely necessary for us to use
tho greatest thought and care in selecting the i
Clothing we sell
All the new spring styles for Men
and Boys are here
WE WANT YOU TO. SEE THEM
(Milton S. Lejvlsj
THE HOME OF GOOD CLOTHES j
A. J. NIXON,
fftt UT tJ T awaaBW