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The News-Herald. (Hillsboro, Highland Co., Ohio) 1886-1973, March 05, 1914, Image 1

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VOL. 78. NO. 48
Judge Newby Handed Down
Decisions in Two Impor
tant Cases Monday
In Case of Pearce vs. Spence and
Overrules Demurrer in Shep-
herdsori vs. Keefer
One New Case Filed.
On Monday Judge Newby handed
down decisions In the cases of Mary 0
Shepherdson vs. II. O. Keefer and
Lizzie A. Pearce vs. Charie Spence
The former case was heard upon de
murrer of the defendant to the petition
of the plaintiff and Judge Newby over
ruled the demurrer. Mrs. Shepherdson
alleged in her petition that she had a
written contract with Keefer for the
purchase of certain" real estate in
Madison township that she was ready
and willing to pay the money agreed
upon and assume a mortgage on the
premises, but that Keefer refused to
make her a deed. She further a'leged
that Keefer had secured a writ of
ejection from the property against her
before a justice of the peace and asked
that he and the justice bo enjoined
from carrying this writ Into effect
during the pendency of the action.
Judge Newby held that upon thefacts
stated in the petition Mrs. Shepherd
son was entitled to a deed to the
premises and overruled the demurrer.
Pearce against Spence was an action
for the setting aside of a deed made
by Mary Spence to Charles Spence on
the ground that she did not have
capacity to make the deed and that
undue influence was exercised to have
her make the deed. Mrs. Spence was
the mother of Charles Spence and Mrs.
Pearce. The deed was executed March
6, 1913 and on the same day she made
her will. Mrs. Spence was 75 years of
age at that time and had been sick for
about 5 years. By the deed she trans
ferred to her son, Charles, 101 acres of
land, a part of what is known as the
David Cowglll farm for $2000. In 1903
Moses Pearce and Charles Spence pur
chased the Cowglll farm of 191 acres
lor $8800. They divided the land
Pearce taking 90 acres at a valuation
of $4000. Spence made a deed to Pearce
foi 'his interest in this tract and Pearce
made a deed to Mrs. Spence for his
interest in the remainder. Charles
Spence claimed that at the time the
deed was made to his mother the
agreement was that at any time he
desired that she would deed it to him
for the original purchase money ; that
upon this condition he went ahead and
improved the farm ; that it was now
worth $10,000 but that he had put upon
it $2500 in Improvements.
The deed and will were drawn by
Judge J. B. Worley and he testified
that Mrs. Spence was c6mpetent to
make them. Judge Newby stated
that there was conflict in the testi
mony but that he did not think it had
been shown that Mrs. Spence was
either incompetent or that undue in
fluence had been exerted to have her
make the deed or will. lie stated
that he did not consider that a fair
division of the estate had been made
by the will, but did not think It so un
v fair as to warrant the finding of fraud
or undue influence ; that because a will
Is unfair and unjust does not mean
that undue influence has been exer
cised. Upon a consideration of all the
testimony he said that he found the
deed good.
A motion for a new trial was filed
and overruled and the appeal bond
fixed 'at $200.
Only one new case was filed in the
Common Pleas Court during the past
The M. F. Carroll & Sons Co. brought
suit against John Paul on a cognovit
note and secured a judment for
(2531.52. The note was executed Feb
10, 1014, made payable to The M. F.
Carroll & Sons Co., signed by John
Paul, due one day after date Two
credits appear on the note, one for $20
for a set of rubber tire wheels returned
and one for $187 for two buggies
turned over to C. B. Williamson.
Cyrus "William, the 4 year old son of
Mr. and Mrs. Don Q. Purdy, dlea at
their home in Madisonvllle Thursday
from pneumonia The body was
brought here Saturday and taken to
the home of Mrs. Purdy's parents,
Mr. and Mrs. O W. Falrley. The fun
eral services were held Monday after
noon at the Presbyterian church, con
ducted by Dr. W. II. Shields ; Inter
ment In the Blllsboro cemetery.
Mr. and Mrs; II. II. Maddox Cele
brate the Occasion With
Beautiful Reception.
Mr. and Mrs. H. H. Maddox cele
brated their golden wedding annlver
sary Tuesday. They held a reception
that afternoon and evening from 2
o'clock until 10.
The house was beautifully decorated
with yollow jonquils and In the even
ing music by an orchestra added to the
pleasure of the delightful occasion.
About 175 people called to pay their
respects and extend congratulations to
the happy couple. In the evening the
entire force of the Ilillsboro postotllce
called in a body.
Light refreshments were served and
nvp.rvonfi hH a mnst. pnlncnhlp tlmn
I Mr: and Mrs. Maddox were both
born In Highland county and have
witn tne exception or a few years
always lived here.
Mr. Maddox served with honor in
the Civil War and for many years has
.been prominently Identified with the
j business and social affairs of this
community. He served many years as
a Justice of the peace of this township
and for a number of years has been
. the mall carrier on Rural Route No. 3
I Mrs. Maddox has always been active
I In church, social and lodge circles.
I A number of beautiful presents were
received by Mr. and Mrs. n. II. Mad
The out-of-town guests were Isaac
Cummings, of Xenla, a brother of
Mrs Maddox, Mr. and Mrs. J. E. Q.
Maddox, of Cincinnati, the former a
brother of Mr. Maddox, Mrs. Welch
and son, Harold, of Cincinnati, Mrs
Welch being a daughter, and Mr. and
Mrs. Charles Wiles, of Xenia, Mrs.
Wiles being a daughter.
. Read the Testimony.
Editou News-Heuald: It is the
testimony that convinces the public,
and convicts the guilty. In a former
article 1 made the statement that the
cigarette was Injurious physically,
mentally, financially and morally.
I will now try to give the testimony
Forty j ears ago the cigarette was al
most unknown in the United States
Now, as I stated before, sixty billion
are annually smoked. The habit has
become almost universal among the
boys attending the public schools in
some sections of the country. A short
time ago the statement was made by
the supervlsior of compulsory educa
tion of Los Angeles. That seventy
five per cent of the boys over eleven
years of age attending the public
schools of that part of the country
were addicted to the use of cigarettes
or tobacco. The above statement
seemed to be very extreme. So Dr. D.
H. Kress called upon the supervisor
who assured him that the, statement
was based on careful Investigation
during the past eight years, and he
said, "1 find that It is about as hard to
reform a cigarette fiend as it is to re
form an opium fiend. As medical men
we are forced to say that the cigarette
exerts a mysterious influence over the
one who becomes addicted to Its use."
President D. S. Jordan, of Leland
Stanford University, says, that the
boys who smoke cigarettes seldom
make failures in after life because they
do not have any after life. "The boy
who begins to smoke before fifteen,
never enters the life of the world:
when the other boys are taking hold
of the world's work, he is concerned
with the sexton and the undertaker."
Dr. Coffin said, "when ever I read of a
cold blooded murder or some dastardly
deed I am prepared for the Informa
tion which I generally ge on investi
gation that the culprit was a cigarette
fiend. As an illustration, in the mur
der recently committed In Chicago by
Charles N. Conway, a reporter who
visited him In his cell found him smok
ing a cigarette unconcerned, and on
being asked why he murdered the
woman, he replied, 'give me another
cigarette before I answer that."
A mother writing for help, says,
"smoking cigarettes has ruined my
boy. Once bright, a stenographer.
Now he Is nothjng "
Another In writing, says, "I have a
son who has ruined himself with
cigarettes. He is twenty one and un
able to think,"
Instances multiply and the whole
world is feeling the effects of the little
cigarette that enters between the
teeth, saeralngly so small, yet it under
mines the health, steals the brafn,
blunts the morals and bankrupts the
pocket.' China has a better law against
cigarettes than we have. I wonder if
they could not sond us a Missionary.
An Interested Citizen.
Storm Busies.
We have the best there Is. Now is
the .time for them. The M F. Car
roll & Sons Co. adv.
Will Be Discussed at Meet
ing of Business Men's
Association Friday
How lyiuch Money is Raised and
How It-is Spent Will Be
Plainly Shown Deficit
Faced Next Year.
The regular meeting of the Business
Men's Association will be held Friday
night at the Court House. The pub
lic, generally, Is Invited to this meet
ing. At it will be discussed different
phases of the public school problems
of Ilillsboro
The problems will be treatpd in a
practical manner and the conditions
existing plainly laid before the peo
pie. Supt. Patterson and the school
board have prepared a chart clearly
showing the amount of money receiv
ed by the schools and just how it is
A representative of the News-Her
ald Interviewed Prof. Patterson and
D. B. Scott, a member of the board on
Monday and they gave the following
brief uutllno of some of the existing
In 1911 when the Smith One Per
Cent Law went into effect the Hills
boro school board had In the treasury
a surplus of about $6,000. Each year
since that time about $2,000 of this
surplus has been spent so that at the
end of the present school year it will
be practically exhausted. Nex. year
unless more money Is received by tax
ation or a curtailment made in ex
penses, either by shortening the
school year or discontinuing some of
the present departments, a deficit of
about $2,000 will be faced. At the
meeting Friday night it will be shown
just how the school money Is spent,
how much for teachers ; how much
for repairs and improvements ; how
much for janitor services, etc.
Every citizen of Hillsboro. who is
interested in the public schools Is
urged to attPnd the meeting Friday
night'. Something must be done and
it is hoped to secure suggestions and
have a full and fair discussion of the
various problems.
The public schools are the biggest
andJ most Important Institution In
Hillsboro and their success and up
building most vitally affect the wel
fare and prosperity of community.
The court house should be packed
Friday night.
Real Estate Transfers.
Allen Thomas et al , to Lydla T.
Ross, Liberty tp., lot, $1.
Lydia T. Ross to Allen Thomas,
Hillsboro lot, $1.
Allen Thomos et al to Benjamin
Thomas, Hillsboro lot, $1.
Ella Jackson to M. Irwin Dunlap,
Madison tp., 147 a., $1.
Leonora Hopkins to Robert Hopkins
et al, Hamer tp., 1 a., $1.
Dan L. Satterfleld, sheriff, to Nelson
James Greenfield, lot, $7,250.
Catharine Layman to John Smith,
Hamer tp., 2 a., $200.
Samuel J. Buck to W. R. Collier
Greenfield Jot, $1.
O. P. Luttrell to Troy Ware, Liberty
tp., 149 a., $1.
C. W. Shaw et al to E. C. Rector,
Concord tp., 85 a., $1.
Daniel T. Patrldge to C. E. Cocker
ill, Madison tp., 212 a., $1.
II. M. Fullerton to E. L. O'Dell,
Madison tp., 100 a., $1.
Joseph E. Cowman to Orvllle Cow
man, Madison tp., 35 a.. $1
J. L. Caldwell to Henry Rowe, Mad
ison tp., 30 a., $1.
W. K, Dunlap et al to Lee Ottle
Ferneau et al, Greenfield lot, $1.
J, L Caldwell to M. Irwin Dunlap,
141 a., $1.
i George W. Bruce to M. Irwin Dun
lap, Madison tp., 42 a., $1,100.
J. F. VanPelt to Allen G, Barber,
lois, Leesburg and 17a,j9p, Fairfield
tp, $1.
Ara T. Winter to
II. Stroup,
lot, Lynchburg, $1200.
John II. Stroup to Addle L. Bate
man, lot, Lynchburg, $1200.
Lee Terrell to AlmedaL. Hamilton,
lots, Lynchburg, $1.
Sam R. Free rteurned Friday from
New.York city, where he has been for
two weeks purchasing his spring and
summer line of men's and boy's cloth
ing and furnishings. While there he
vhlted his brother, Isaac.
Those Having Money in Far
mers & Traders Bank
For Seven Years
One Hundred and Six People Have
Money They Do Not Know
AboutSums From I
Cent to Over $200.
The Farmers & Traders National
bank, of this place, last week filed its
list of unknown depositors In the pro
bate court. Unknown depositors are
those who have neither checked in or
added to their deposits for seven years.
The banks of a county are required to
file a list of such depositors and the
amounts of the deposits in the probate
court each year. A list of the unknown
depositors of the other banks in this
county was published in the Nkws
IIeuald a few weeks ago
The Farmers & Traders National
Bank has$740.29 of unclaimed deposits.
The names of the depositors and the
amount of each deposit follows :
C. E. Abraham lc ; Amen Printing
Co. 84c; L. J. Amen $2 ; K. M. Barnes
$1 03; D. M. Barrett 97c; Cary Barrett,
exr Hannah Grady $11 87; T. S. Beam
18c ; E. Beavers 65a; J. C. Beeson, 25c ;
Oscar Bernard $1.00; Mary E Boggess
$8.80 ; Bd of Trustees Hillsboro Short
Line R. R. $34 20; Emma Borden $10 ;
Charles Brognard $2 ; J. U. Ualdell
9c ; Spencer Calvert 4c ; Ling Conard
lc; Elizabeth Crosen 75c; Mrs. Clyde
Davis 5c; J. Y. Dean, Agt. 52c; John
Y. Dean, $202.09; Margaret C. Em
mons $50; Amelia Fenner lc; T. J.
Ferneau $12.78; W A. Fenner $13;
Fincastle Saw Mill Co. $1.24; L J.
Fettro$12; Ed L. Foley28c; Emily R.
Foraker 40c ; b M. Garman 6c ; Glaze
& Ferneau lc ; E V. Grim, Treas. $1.55
S. R. Grim $10 29; O. F. Haggerty
50c ; J. C. Hart 22c ; Charles Hartley
25c; Head & uhesmut 32c; Margaret
Hester $3; D. H Hodson 3c; Gus Horn
$1; W. C. IIughey95c: Nellie Jolly Oc;
W C. Jones 3c; Kauffman & Baer 10c;
Karl J. Kay 10c; John M. Karnes 95c ;
Lizzie Kilgour $1 25 ; J. N. Kraner $23 ;
Lucas & McCoppin $10 30 ; J. W. Mc
Clure 18c ; P. M. McLaughlin, admr.
lc; II H. Miller $7.93; Jacob vlller
80c; Jennie Hiser (Norman) $5; Mrs.
E. R. Miller $7 79; M. G. Mosler 20c;
Jas. P. Morrow $1.97; Wm. Morris 40e ;
Ella M. Muntz$2.25; W.G. Palmer 2c;
C. CPatton 7c; Mrs. I Polk $1.50;
W. O. Powell $1; Emma R. Powers 4c;
D. S. Redkey $3 73 ; Eliza Rlckman $5 ;
Rldgway Brothers $7 51 ; A. R Rob
erts 8c; L. O. Rowe $1 74; Geo. Roush
Sr. $44.30; Roush. Smith & Tedrlck
14c; Roads, Lucas & Co. $37 52; Geo.
W. Robinson $1 94; Mrs. A. J. Ross $5 ;
Lida E. Roads lc ; K L. Ruble. $3 27;
H. A. Russ, Agt forDellass 34c; C.
W. Slrabry 55c; VerdaRuble$3; J. P.
Shivers $1.69 ; C. C. Shade 22c; George
Shoemaker 50c ; Ella Seltz 29c; Ell B.
Selph $12.98; E. H. Setty $13 30; Geo.
N. Shepherd $2 ; Klngry Sims 37c : R.
B. Smith $5; Allie Smith 26c ;H. S
Sparks, lo ; James Sullivan 45c ; Louise
Dunn Tiffin $1.04 ; D. Trickier $41.17 ;
Kate Turner 30c ; J. A. Winkle $5 ; T.
L. Warrick $5; George H. Weaver
$5.45; Sarah J. West $51.13; Simpson
West $14.50 ; W. A. & W. West, exr.
15c; Ed. M. Wiggins, Trus. 24c; Wil
liams & -Creed, 30c; C. G Williams 3c;
W. A. & Millie Winkle 5c; II. A. Wll
son $4.50; Ira M. Wood $0.50. .Total
Senior Orations.
The first section of Senior Orations
will be given at the Washington School
building Thursday evening at 7.30.
Tha members of the class who will
take part in the program are ; George
McConnaughey, Miss Zella Miller, Ho
mer Lucas, Daniel Morgan Jr., Lewis
Pence, Miss Mary Butler, Thomas
Grllll n and Paul Love.
Prof. Edglngton will Introduce the
The music will be furnished by
Mrs. Roy Steele Rogers and the Hlh
School Orchestra.
The public Is Invited to attend these
Examined County Treasury.
Frank Wlodraan, of Greenfield, Dem
ocrat, and Will Thomas, of this place,
Progressive, made the semi-annual ex
amination of the county treasury
Monday and Tuesday. They found all
of the books of Treasurer Winkle
well kept and the proper balances in
all the funds. They were appointed
by Probate Judge J. B. Worley.
And Petition For a New Pike
Granted at Meeting of Com-
missioners Alonday.
At the meeting of the county com
missioners on Monday contracts for
the repair of four steel bridges and the
erection of two new ones were let.
The bridges to be built, their loca
tion, their length and the contractors
and the contract price are as follows ;
Repair of bridge over Rattlesnake
creek at East Monroe; length of bridge
117 feet 8 inches; contract awarded to
Dodson & Wardlow for $317.11.
Repair of Steel brldirn nvnr Rat.t.ln.
snake creek near Centerfield ; length
or bridge 123 feet 8 Inches ; contract
awaiued to Dodson & Wardlow for
Repair of steel bridge over Dead
Run, near McCoppIn's Mill In Mar
shall township ; length of bridge 40
feet ; contractors Dodson & Wardlow ;
abaount $118 74.
Repair of steel bridge near Mowrys
town : contract awarded to Oregoula
Bridge Co for $410.
Erection of Pony Truss bridge near
Belfast , length 45 'eet ; John L. Smith
awarded contract at bid of $482.
Erection of steel beam bridge near
Ambrose Chapel ; length 32 feet, width
14 feet ; contract awarded Dodson &
Wardlow for $235 59.
The commissioners granted the petl
tlon for the construction of Landess
and Union Free Turnpike No. 99.
The road Is situated In Whlteoak
township, starting near the residence
of P. Q Fenner and running to neir
Union Chapel, a distance of about
three miles. A. Q. Landess, II. L.
Hawk and J. A Fawley,were appointed
local commissioners.
C. A. Michaels was appointed a
member of the Burial Commission for
Dodson township.
Probate Court Proceedings.
LuclndaJ.LudwIck appointed admr.
of Moses J. Ludwlck.
J. -W. Duval appointed admr. with
will annexed of Luclnda Surls.
J. F. Putman appointed admr. of
Anna Putman.
Granville Barrere, admr. of Geo W.
Barrere Sr., filed petition to sell per
sonal property at private sale.
b rank A Collins, exr. of Mary Ann
Toohey, filed application for distribu
tion of assets in kind.
Ida M. Burgess, gdn. of Albert Or
vllle Cropper, filed first account.
Will Aket Here Friday, March 13
State Secretary C. W. Shinn
Will Be Present.
One of the religious events of the
season will honor Hillsboro In the very
near future. It the Superintendent's
meetings to be held In the Presby
terian church on Friday evening,
March 13, at 7:30. While it is called
the superintendent's meeting and is
especially for their benefit, it Is
earnestly requested that every minis
ter and township officer of the Sunday
School Association be present by all
The evening will be devoted in a
very special manner tc the needs of
the superintendents. Topics of ex
treme importance will be ably dls
I cussed. One of the big features of the
program that night will be the pres
1 ence of Mr. C. W. Shlnn of Columbus,
I who Is the General Secretary of the
jino ounuay acuooi Association.
Superintendents, officers and minis
ters come.
S. E. Wilkin, Sec'y.
Rainsboro Fair Gets Aloney.
Representatives of the Highland
County Agricultural Society, the
Rainsboro Fair, were before the coun
ty commissioners on Tuesday to secure
the money coming to them from the
county. They received warrants for
'$1074. Theyulso asked for a levy for
the coming year and will receive $2074
the coming year.
For the support of County Agricul
tural Societies there" are two laws.
Tiie society Is entitled to a per capita
assessment of two cents which In this
county amounts to $574. In addition
there is a law which provides for the
levying of a tax that will raf-e $1500
each j ear. Last year the members of
the Rainsboro Fair Board agreed to ac
cept 31000 Instead of the $1500 which
they could have demanded
In addition to the money received
by the Rainsboro Fair Board Tuesday
they are entitled to $750 more from
the recent collection.
The evangelistic meetings at the
Baptist church the past week have
been well attended. Dr. Nellls, the
evangelist, Is a forceful and convinc
ing speaker. On Sunday afternoon he
will preach a special sermon for men.
Proposed For Hillsboro at
Regular Council Meet
ing Monday Night
Empowering- Light Committee to
Employ Engineer and Archi
tect to Draw Plans
Other Business.
The regular monthly meeting of the
village council was held Monday
night. At this meeting the light
question came up and the following
resolutions passed : .
"That the light committee of said
village, consisting of D. M. Meneley,
F. J. Kelly and Ed. L. Bennett, to
gether with the legal counsel of said
village, J. W. Watts, be and they are
hereby empowered and directed to
employ an eltctrical engineer and
architect to furnish plans, specifica
tions and estimates for a municipal
light plant for said village."
D. M. Meneley, chairman of the
light committee, was seen by a repre
sentative of the News-IIehald on
Wednesday morning. He v a asked
"What does this resolution inijan?"
He replied :
"It means that council Is figuring
on the" erection and equipment of a
municipal light plant for Hillsboro.
We have had a number of consulta
tions with the officers of the Hillsboro
Light & Fuel Co., who now have the
lighting contract, bjt we have been
unable to secure what we consider a
fair oropositlon. We are now paying
the company about $7,500 a year for
street light, which we consider very
high and while a reduction has been
offered it is not as much as we think
should be given. At the present time
we are only receiving about $10,000 for
carrying on the business of the village
and If we pay $7500 of It for light you
see where It leaves us. We believe a
municipal light plant properly con
ducted would pay In Hillsboro and be
lieving that, we have visited the light
plant In Greenfield and made Inquiries
at a numberof other places The prop
osition with us Is ra purely business
one. Our sole desire being to do the
best thing for the people of Hillsboro.
That a general dissatisfaction has ex
isted In regard to the present con
tract everyone is well aware. The
contract with the Light Company ex
pires next September. If we decide
to build a municipal light plant the
matter of the issuing of bonds will be
submitted to a vote of the people."
Aside from this only routine busi
ness was transacted by council. i:a
usual batch A bills was al1"
The different depart .. -
their reports which follow
Receipts of city scales $J
Street commissioner for woi . -streets
expended $37 85.
Major Wilkins collected In fines and
licenses $206
Board of Public AffairsReceipts
$1221 61 ; Expenditures $382.12
Presbyterian Social.
A ''Colonial Social" will be held at
the Presbyterian church on Friday
evening at 7:30
The ladles of the church have made
earnest efforts to make this social one
of the best. Every member of the
church and congregation is earnestly
urged to be present. Members of the
church are urged also to bring their
friends who may not be interested in
any church and make them have a
pleasant evening. A welcome will ho
given to everybody who will come.
Aleeting of Teacher's Association.
A meeting of the Highland County
Teachers Asseeiatfon will be held at
the Washington school building Satur
day, March 14.
The following program has been
prepared :
10:a. m. Muslc
Address - Pliny Johnson
Prln.of Woodward H. s Cincinnati, O
Address C'L. WllllamH
Prof, of Eng., Deunlson U
:3P m Music
Address F. C. Miller
Supt. of Public Instruction of Ohio
Address Pliny Johnson
This will be the last meeting of the
H. C. T. A. this year. The new school
code will bo explained and all ques
tions regarding it answered by Mr.
Miller. All teachers, members of
Boards of Education and other Inter
ested in education are urged to attend.
By order of Committee.
Suit. O. II. Lewis, Pres.

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