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ANO CAPE COUNT T HEUALO, FRIDAY, NOEMBEtt 10, 1814.
- 9ghc read a ,3anfe tfUh a dollar, vpls ntaKcs tnc accent Which crui of SiarUhc .ALCOHOL 3 PER CENT. ' ANigelabkfttparatbn&rAs simulating thcFoof aiuIBcgula- PromotesDfeeslionGittJ- ncss and RestHontains neiutcr Opium-Morphine norWituiaL ROT NARCOTIC. Ptttia SKdm jfixJema . JhcUttUZi- ifomStrd- A rfiri Remedy for CoDSSd Hnn . Snur StaTmdLDlantloai WonosJConvulsKmsjewnsB- ncss aniLoss OF sle&k lacSimik Signarnrtof jm Centaub Compaux NEW YUJKft Exact Copy of Wrapper. pecial 9S gS 1 f 1 TiiiiiiiiiiihwhjIM II COERVER PROPERTV,BROAD; WAY AND FREDERICK, BEST LOCATION FOR THE MONEY IN THE CITY DONT DELAY SEE US NOW. BOWMAN BROS. REALTY CO. 206-7-8 H. H. Building Phone 526 FINAL SETTLEMENT NOTICE. Notice is hereby given to all credit ors, and others interested in the cs iate of 'Alvin H. Borgf eld, deceased, that I, , the undersigned, . intend . to inake final'settlement of the estate of Baid deceased at the next term of the Prohate Court of Cape. Girardeau Couhty.'MiBsburi, to be held at .Jack son, Missouri, begmnig oh the 9th day of November, 1914. ;. ,"' Emma S. Borgeld" y ' v i 'Administratrix. . Al H.-Hincheyi returned yesterday from'.' a hurried business trip to St. Loufs. t ' ' . Cecil Jilyer ofjllythessiforis visit -ing friends in -this city. the rocfd to io the bottom cf the stot leads also to ih &u en Accent in 3ewk, art al su m Jhe read fc tttc tcp. it easy ana VM,apxnaxs yooa. ihc road arc ,you taa FIRS T NA 1 10 A AL BaNK CAPE GIRARDEA MO. ET3 1 For Infants and Children. Mothers Know That Genuine Castoria Always Bears the Signature of In Usei For Over Thirty Years thc(ntau eoM. wt ow cm. Bargain FINAL SETTLEMENT NOTICE. : Notice is hereby given to all credit ors and others interested in the es tate of W. W. Spain, det eased, that I, the undersigned, intend to ipake iinal settlement of the estate of . said , de ceased at the next term of the Pro bate Court of Cape Girardeau Coun ty, Missouri, to be held at Jackson, Missouri, begining on the 9th day of November, 1914. . V . v , George Miep Administrator. F. Beardslee of St Louis, was in the Cape yesterday on a business trip. Mr. and Mrs. O. H. Everett of Heiz er,. Kary , ere bu&:nss vkitort in the Cape. . ' " IK the fop! ORDER OF PUBLICATION. In the Circuit Court of Cape Girar deau County, State of Missouri, in vacation, Monday. November 23, A. D..J914. Eva L. Landes, plaintiff vs. OUie C. Landes, defendant. Civil Action for Divorce. Now, at this, day, comes the plaintiff herein, by her attorney Jamefc H. Dor is, and files her petition and affidavit, alleging among other things that the defendant, OUie C. Landes, is a non- resident of theNstate of Missouri, so that the ordinary process of law can not be served on him in this state. WhereuponJt is ordered by the Clerk in vacation that said defendapt be notified by publication that plain tiff has commenced a suit against him in this court, the object and general nature of which Js to obtain a decree of divorce from the bonds of matri mony contracted between the plaintiff and the defendant, on the grounds of abandonment, and that unless the said defendant, Ollie C. Landes, be and ap pear at this court, at the next term thereof, to be begun and holden at the court house in the city oLJackson, in. said county, on the fourth day of Jan uary, next, and on or before the first day of said term, unless further i'me be granted by the court, answer or de mur to the petition jn said cause, th? same will be taken as confessed, and judgment will be rendered according- ly. And it is further ordered that a copy hereof be published according to law in The Weekly Tribune, a news paper published in said county of Cape Gjrardeau, for four weeks, successive ly, published at least once a week, and the last insertion to be at least fifteen days before the first day of said next term of this court. H. L. Hoffmeister, Circuit Clerk, By Ben E. Masters, Deputy. A true copy from the record. . Witness my hand and seal of the Circuit Court of Cape Girardeau County, thi sthe 23rd day of Novem ber, A. D., 1914. (Seal) H. L. Hoffmeister, Circuit Clerk, Ben E. Masters, Deputy Clerk. SHERIFF'S SALE. By virtue and authority of an execu tion. issued from the office of the Clerk of the Cape Girardeau Court of Com mon Pleas, in and for the County of Cape Girardeau, returnable to the No vember, 1914, term of said Court, and to me directed, where in the City of Cape Girardeau is the plaintiff, and G. E. Flinn, Beulah Flinn and Carrie Flinn, are defendants, I have levied upon and seized the following de scribed real estate, situated in said County of Cape Girardeau, State of Misosuri, and described as follows, to wit: All of lots No. 23 and 24 and range "G" in the City of Cape Girar deau, Missouri, being the same proper ty described in deed from William Moore and Bertha Moore, his wife, re corded in book 40, page 159, of the land records of said county; and I will, on the 27th day of November, 1914, be between the hours of 9 o'cloc " in the forenoon and 5 o'clock in the afternoon of said date, at the east door of tne Court House, in the said city and coun ty of Cape Girardeau, arid State of Missouri, - sell at public ' auction, for cash, to the highest bidder, the proper ty above described, to satisfy said exe cution and costs. ' r William A. Summers! Sheriff. Cape Girardeau County, Mo. October SO. ' - v r - Albert bonnemiller of 'Oran, wag in the city yesterday oh a shopping trip, Mr. and Mrs. G. C.'Siemers of Gor dohville, were In the :city yesterday with a load of farm produce. '.V 71 20 DROftfiEO I" Haifalei, a Schooner,- is Dash ed t o f n Afe : 18 tiours Fight. T WENTY PEOPLE DRIFT TO SKpj lK SAFETY Waiter Sins (Drowning Wom an and Rescues Her Is Called Hero. V San Francisco, Noy..24-From 20 to 30 lives were lost early today when the gteam schooner Hanalei went to pieces on Duxbury Reef after hav ing pounded on the rocks for nearly 18 hours. - This word reached here in telephone messages from the Marconi wireless station at Boiinas, Cal. At that hour 20 persons had reached the shore on pieces of wreckage struggling through the surf one by one. A i. 1 At a r - 1- A ai aan me xerrmc pounumg. jo which the Hanalei had been subjected broke up the vessel.-. .It is believed probable that at least 30 persons of the 68 passengers and crew who were on board perished. ' V . ? 7 Since midnight -the lifesavers, from a point on shore near the reef, had been trying to shoot a line across the wreck, but failed. Several .steamer also stood in close, attempting to get a line to the schooner.' The Hanalei ran on the reef during a dense fog late yesterday. The United States revenue cutter McCulloch arrived 'here yearly today, bringing the 13 survivors and the bod ies of 15 victims of the Hanalei. Un less the list of those saved is much greater than this, the indications arc that the fatalities may reach 40. The survivor's told "thrilling stories of the scenes aboard the doomed schooner before- she began to break up. y- First Mate McTague, they said, lost his life yesterday. He was on watch at the time of the disaster, and was attempting to shoot a line ashore ivhea the gun backfired, throwing him into the water. He sank immediately. When the Hanalei began to break up Capt. Carey ordered all the passengers and members of the crew to cling to pieces of wreckage. All of the women and the two wireless operators, Love joy and Svenson, were placed on top of the pilot house. As the vessel broke up the pilot house floated to wards shore, but e large timber crashed it, throwing all of those on it into the water. This was the last seen of Lovejoy and Svenson. One of the heroes of the wreck was Henry Conway, a waiter. He had reached the shore when he heard cries from a pile of wreckage a short dis tance out in the water. Without hesi tating Conway plunged into the surf, and, by hazardous work, succeeded in extricating Mrs. Elsie- Brown from the debris. Then he swam with the al most helpless woman to shore. One of the last persons to be saved was Capt. Carey. He floated ashore under a pile of wreckage and was found unconscious under it. He was revived. 'Miss Vesta Bowman, who is teach ing school at Esther, is expected to ar rive home today in time to join. the family in their Thanksgiving dinner. Mrs. A. C. Reary departed yester day morning for St. Louis, where she will spend Thanksgiving day at the home of her son. James A. Finch of Fornfelt, was in the city yesterday on legal business. T. M. Young of St. Louis, was in the city yesterday on a business trip. J. H. Ray of St .Louis, transacted business in this city yesterday. W. J. Talbot of St. Louis, was a business visitor in this city yesterday. N. T. Michelson of Cincinnati, was a business visitor in this city yester day.' - . ' - . John A. Niehoff, a.groeery salesman of St. Louis, was in" the Caje yester day calling on his trade, ' "--. Martin Nelson, a drug salesman of St. Louis, was in the city yesterday looping tuter wie ueeus ti xia ytturuua W. A. LbeflTer, a grocery salesman of Lutesville, arrived -in the Cape yes terday. ' E. WJ Kbch, a clothing salesman "of StJ Louis,"" was'iii the city yesterday attending to" the needs of t jatro'ns John B. Schmoeller, a fish and oys ter salesman of St Louis, was a busi ness Visitor in tmVdty yesterday Jack May, "an overall salesman of Bt. Louis, is n ihe city looking: after his business interests. - - ' Attorney T.-D. Hines rjaqkson, waa'in -tKe city yesterday attendihg the trial of a lawsuit in the Common Pleas Court. ' SUIT AGAlfjSI HRST NATIONAL WASUNIVOR Judge Dyer ia RefersiaRoss : Sayg" Referee's Euiings : Are Worthless. OPINION NOT WORTH NOTICING. HE SAYS St. jjouis Jurist Points Out Blun ders in Baling , Favoring Stubblefield, Judge D. P. Dyer, in his opinion setting aside Referee Ross's order di recting, the First National Bank to turn over $4,000 in stock to W. H. Stubblefield, trustee of the D. A. Glenn, threw the harpoon into Uncle Sam's custodian of the office of Referee, in Bankruptcy. The chief pdint. of Judge Dyer's opinion was to uphold the bank's con tention that as the slock did not be long to Mr. Glenn it" could not be claimed by the trustee of Mr. Glenn's estate. This opinion caused no sur prise, but Judge Dyer's comment upon the case as ried in the. Cape, is in teresting. His opinion in full follows: In this case two orders made by the Referee in Bankruptcy have been brought before the court by petitions for review. As both of the questions presented for consideration arise out of the same general transaction, they may be appropriately discussed-, to gether. One of the orders complained of was made by the Referee on Sep tember 29, 1914, and directed George S. Summers, Cashier of the First Na tional Bank of Cape Girardeau, Mis souri, to deliver over to W. H. Stubble field, Jr., trustee of the bankrupt es tate, forty shares of the capital stock of the First National Bank of Cape Girardeau, Missouri, and further di rected that said George S. Summers and the First National Bank, of Cape Girardeau, pay the costs of the pro ceedings in which the order was made The facts as certified ty the Referee, make it clear that the Referee has no jurisdiction to make the order here in question. The pro ceeding which resulted in this order was initiated by the trustee who filed a petition before the Referee alleging that the bankrupt, in March, 1914, within four months before the filing of the petition in bankruptcy, and while insolvent, "did transfer and deliver to the First National Bank of Cape Gir ardeau, Missouri, with the intent and purpose of removing and di- . verting the following described assets belonging to said estate, thereby giving a preference 9 to said bank over and above other, creditors of equal merit, to-wit: "One hundred and twenty one (121) shares of the stock of the First National Bank, of Cape Girardeau, each of the par value of $100.00 aggregating $12,100.00. - "Also, fifteen thousand (15,000) dollars cash paid to the First Na tional Bank, of Cape Girardeau, Missouri, by said David A. Glenn, bankrupt, and within four months of the date of filing his petition in bankruptcy, namely, June 11, 1914. Also all salvage on notes charged off in said bank since March 5, 1914, in proportion to the stock held by D. A. Glenn. "All of which assets I have cause to believe are the property and assets of the creditors of said bankrupt estate." The petition further alleged that the petitioner had made written demand on the bank for the delivery to the petitioner of the property mentioned, whjch demand the bank had failed to comply with, and prayed that the Referee makr an ordr citing William B. Schaefcr, the president, and George S. Summers, the cashier, of said bank, to appear before the Referee "to show cause why they refuse to de liver said assets r to the trustee of the bankrupt estate." Upon the filing pf said petition the Referee in Bankruptcy; made an order directing William B. Schaefer, presi dent, and George S, Summers, cashier, of the First National Bank of Cape Girardeau Missouri, to be and appear before him on a day named "then and there to show cause, if any they have, why they, as officers of said National Bank, withhold and refuse to deliver to tEej duly qualified trustee assets, as serted, to -bo property of said bank rupt estate." The respondents, William p. Schaef er and beorge S. Summers, appear ing for the sole purpose of making their return lo the order to show cause, filed their return with - the Referee',' and in such return set up, appeared from the-'allegatiohs o the among other - defenses: (1) That in THY trustees petition ;tht tfc fpfoflrtf sougUlorewTie4 waajUU ty adverse ( claimant, Sad " ianct ': flw Refe.be was without jurisdiction tit entertain summary, petition for, the recovery of the property and (2) that f With respect to said 121 share ? of stock of s&id Bank respondents -unider the directioa arid rBlitff'oJf - said Referee make this their sep .' arate return and respondents ave that seventy ' pf . the" said . shares were by said Glenn pledged on September 30, 1913, to the First National . Bank of Granite City, Illinois, as collateral securr ity on a $10,000.00 note of said D. A. Glenn and others, and f qrty shares thereof were by said Glenn on September 10, 1913, pledged to the Continental an4 Conimerci. National Bank of Chicago, Illinois, as collateral security for the $7,500.00 note of said Glenn and others to said Continental, and Commercial Bank; that in the month of March, J914, said Glenn sold ten shares of said 121 shares to on Clay Lutes, and one share thereof to one F. W. Morrison; that said pledge of said seventy shares of stock was duly and reg ularly foreclosed on May II, 1914, and under such foreclosure was duly and regularly sold to Giboney Houck, and that said Continental Commercial Bank $7,500 note with $188.75 interest accrued thereon and said shares securing same were duly purchas ed from said Continental and Commercial Bank in August, 1914, ' by George S. Summers, in his in dividual capacity as a member of . a committee of stockholders of said First National Bank of Cape Girardeau; that said Summers acting for said - Committee, ac; quired said stock for said Com mittee for the sole purpose of distributing the stock of various applicants for stock in said Bank; andthat sa;d Summers still holds said stock for such purpose' and for no 'other. Respondents fur ther aver that at no time since said 121 shares of stock, were or iginally issued, have the same or any part thereof been owned or claimed by , said Morrison, Houck, and Summers respectively in the manner as above set forth, and have been so held since said Lutes, Morrison, Houck, and Sum mers respectively purchased and received the same, as above set . fprth and that it is beyond the power and authority of these re spondents as officers of said bank -to deliver said shares or any part thereof to said trustee." . .The trustee, filed a reply to the fore going return which denied generally thoe allegations of the return which related to the disposition of the one hundred and twenty-one shares of the stock of the First National Bank of Cape Girardeau, and made certain af firmative averments which it is not necessary to notice. - Upon the issues as thus presented to the Referee it is clear that the respondents occupied the pbsition.of adverse claimants, and their -p'sht to the property in controversy could not be summarily determined by a Referee in Bankruptcy upon an order to show cause, but could only be adjudicated in a plenary suit instituted in seme court of competent jurisdiction. Jac quith vs. Roweley, 188 U. S. 620; Bar des vs. Hawarden Bank, 178, U. S. 524; Louisville Trust Co. vs. Cominger, 184 U. S. 18; First National Bank vs. Hopkins, 29 Am. B. R. 434; Johnston vs. Spencer, 27 Am. B. R. 80O; Cooney vs. Collins, 23 Am. B. R. 840; In Re Hogan, 19 Am. B. R. 857. The other order of the Referee here under review was made pending the order to show cause, above referred to and enjoined and restrained George S. Summers from selling forty share3 of the stock of the First National Bank of Cape Girardeau, Missouri, which Summers had notified the trus tee in bankruptcy he proposed to sell under the terms of a collateral note held by him. 1 A careful consideration of the' evi dence as certified by the Referee com pels me to conclude that the restrain ing order made by the Referee was improvidently and improperly made, ani that it should be vacated and et aside. The evidence clearly showed that the forty shares pf stocTtJndes tioji had long before the adjudication of ; bankruptcy been . pledged by the, bankrupt with the Continental sifd Commercial National .Bank ol Chica go,' as security for a aofe for $7500 executed by the bankrupt andn.e. L.. S. Joseph. 'The evidence estaSllshe to my satisfaction that tbe'rtipqndftt, Geprge S. Summers, acquired the noti and collateranield by the'qntjnental jnd . Commercial National , Bank', Vy pai'ing to that ' bank the anfount 4ue upon the note. ; As the legal holder of the note'lt' v$ste:Atttfitfy spondent, Summers,-to sell the collate eril pursuant to the tefrris oTthe cbn i tract of pledge pmpQdjeo: p wenote.. Jt)s a weI'settlea prifdple o thVlw of bankruptcy, tfcafc a- pMji jf tit ' . ' -'.;' ;. , Tbitf "Sf&lj poof tfirtf Ax and Tasflsa-eaFronFraak -vwmunfjfi. - While Frak Williams ot Dutchtown was at home eating his supper last evening at about'7 o'clcck, robbers en tered his place of business and suc ceeded in securing fifty dollars from the cash register. The robbers worked quietly and were successful in making'thejr es cape unnoticed, and when Mr. Wil liams returned from his evening meal he was unaware of the depredations that had been perpetrated. :When he entered the front door of the building, he discovered that some one had gained entrance by breaking through the rear door with an axe. He immediately' started upon an in vestigation anJ found that his regis ter liad been looted and all the money had been stolen. He has no clue to the robbers, and no trace was left behind by which thye might be apprehended. A searching party was started at once and the ctfuntry in the neighbor hood of Dutchtown is being secured by an armed posse. ' Dr. Koerchner telephoned to Willis Martin in this city soon after the rob bery was discovered, and requested him to bring his blood hounds as soon as possible. Mr. Martin left with his dogs for Dutchtown shortly after- re-y ceiving the message, but up td"'this time no information has been received as to the results. " ' The authorities in all the surround ing towns have been advised of the robbery, and requested to be on the lookout for -the fugitives. C. I. Harman of Ste. Genevieve, .vis ited friends in this city yesterday. ; bankrupt's property, who acquired his lien in good faith and for value prior to the filing of the petition ; in bank ruptcy !an sell the pledged property in accordance wjtp the terms of the pledge after the filing of the petitiof in 'bankruptcy, and that a courf " of bankrupt cannot properly, enjoin such sale. , Hiscpck vs. Varick Bank, 20 U. S 28; Mathews VB-.Knicker-bbeker Trust Company, 27 Am. fe, R.. 629;. in Re; Mayer; 19 Am. B. R. 356. .The Referee found that the First National Bank of 'Cape Girardeau, Missouri, was the purchaser of the note executed by the bankrupt; and L. S. Joseph, and held by the Continental and Commercial National Bank, and ttyat' such' purchase ; was in violation of the provisions, of sectio"n 5201. R. S. U. S., and concluded that the Bank had acquired no title to the forty share of stock as against the trustee n bankruptcy. In my opinion the finding of the Referee is not justified by the evidence, for the evidence clearly shows that the rioteof Glenn and Joseph held by the Continental and Commercial National Bank of Chicago, Illinois,, was purchased' by Mr. Summers, the cashier of the First National Bank of -Cape Girardeau, Missouri, with funds which had been contributed by stockholders, or pros pective stockholders of the First Na tional Bank and placed in the hands of a Committee of stockholders for the purpose of acquiring the outstanding stock of the bank, and thus alfling the bank in re-establishing its . standing and credit." The only faet in evidence haying any tendepey to show that the note held by the Continental and Com mercial National Bank was acquired by the First National Bank of Cape Girardeau, is the circumstance that the purchase price of the note . was charged by the Continental and Com mercial National Bank against thVdi; posit account of the First National Bank, ut the uncontradicted evidence shews that this was done merely for epiiyeniehce and to facilitate the-pay-meat arid that the amount paid. as credited pn the books, of the Fjrst Na tional Bank- to the- Continental and Comjnrciai National Bank, and. charg ed to the account .of the Committee of iUckhokferir who had a deposit wfth the First National Bank' under the name""(iibeney Houck, trustee," thu concjusiyefy showing that, the ';Pr chse "wjw made with the funds of the Cdmnutteo and not wltH "those, of the bajik.f v, r -: . m; ' Klii accordance with' the .forego jng Views the . orders of the Referee pf uust 29. and September . 28,-14, enjoining:the sale of the stock,.of . the gale of the stock of the 'First; Nation alBank ot. Case; Girardeau,. Jtissqur, and also the order of the Referee ;o4 Septemsr O, 19,vIirectJng the ; da Iper pf lch'ftock tothe trustee! jn bankruptcy, will 'be vacated 'ahdl Set