Weekly Republican-Traveler from Arkansas City, Kansas • Page 5

EASTIN FOUND GUILTY MIDLAND RAIDED AGAIN FILES HIOTION TO QUASD WALKED INTO ELEVATOR SHAFT Verdict for Dr. Pierce AGAINST THE Ladies' Home Journal. Sending truth after a He. It is an old maxim that "a lie will travel seven leagues while truth is getting its boots on," and no doubt hundreds of thousands of good people read the unwarranted and malicious attack upon Dr. R.

V. Pierce and his "Favorite Prescription "published In the May (1904) number of the Ladies' Home Journal, with its great black display headings, who never saw the humble, groveling retraction, with its Inconspicuous heading, published two months later. It was boldly charged In the slanderous and libelous article that Dr. Pieroe's Favorite Prescription, for the cure of woman's weaknesses and ailments, contained alcohol and other harmful ingredients. Dr.

Pierce promptly brought suit against the publishers of the Ladies Home Journal, for 1200,000,00 damages. Dr. Pierce alleged that Mr. Bok, the editor, maliciously published the article containing such false and defamatory matter wtt)f the Intent of Injuring his businesjifurthermore, that no alcohol, or other fujurious. or habit-forming, drugs are, orwerwere, contained In his "Favorite that said medicine Is mador fj6m native medicinal roots and contaimno harmful Ingredients what j1 City Attorney Hines Seeks to Prevent Tax Levy For Art Judgment.

Saturday in the district court City Attorney Hines filed a motion in the case of Fannie E. Art, vs. The City of Arkansas City to quash the preemptory 7rlt of mandamus. In his motion Mr. Hines brings out new contention which may result the city escaping payment, of the art judgment of $2500.

This case hts been dragging along for the past five years, the city evading payment upon various grounds Recently the district court issued a writ of preemptory mandamus commanding the xuayor and council-men to levy, on or before August 15, 1907, a special tax to pay the $2,500 judgment, and interest at the rate of 6 per cent from Sept. 30, 1902, and $85.60 costs. The motion filed by the city attorney contends thatthe city was not properly sued, the proper name being The City of Arkansas City, instead of The City of Arkansas City, Kansas, as was named in the suit. Mr Hines1 petition follows: Comes now G. Luther Brown, Mayor of The City of Arkansas City, and for and on behalf of the said The City of Arkansas City, moves the Court to quash and set aside the service of the preemptory writ of mandamus issued herein and served upon the said G.

Luther Brown, Mayor, directing 'the said Mayor and Members of the City Council of the City of Arkansas City, to levy at once for the payments of a certain judgment rendered in favor of Fannie E. Art, plaintiff, vs. The City of Arkansas City, Kansas, defendant, as set forth in said preemptory writ of mandamus, for the following reasons, to wit. First: That the City of Arkansas City is a municipal corporation under the style and title of The City of Arkansas City, the same being a city of thesecond class, as provided for, by and under the laws of the State of Kansas. Second That the said The City of Arkansas City, is not a party to any action pending in any court of this State wherein Fannie Art is plaintiff.

Third: That there is no valid judgment against thesaidJLhe City of Arkansas City in favor of plaintiff, FannieE. Ait. Fourth: That there has been no execution issued and returned directed to the proper officer to be levied of the goods and chattels of the said, The City of Arkansas City. Fifth: That no proper application bv affiadvit, or otherwise, has -been made to the Court showing that there is a valid judgment in favor of plaintiff, Fannie Art and against the said, The City of Arkansas City. Wherefore, the said G.

Luther Brown, Mayor of the City of Arkansas City acting for and on behalf of the said, The City of Arkansas City and its Mayor and Council, prays that said preemptory writ of mandamus be quashed and held for naught and that he said. The City of Arkansas City be relieved of such ojder. The A. O. W.

will hold its annual county picnic at Arkansas City on September 17. A committee was appointed at regular meeting Friday night to make arrangements and the local lodge will endeavor to take a big crowd froin here. Courier. The Pittsburg Kansan thinks the Kansas farmers are more interested in moving Kansas crops than in moving battleships. Marshal Moon is sporting a new uniform.

It is said that it is a mail order suit of clothes with police buttons sewed onto it. Defendant Waj Net In Court When His Case Was Decided. This morning in Judge Fair's court in West" Boston township, tho case of tbe state against George Eastin wastried before a jury of twelve men. Eastin was charged with violations of the prohibitory law and this case is" the result of the raid upon the Midland hotel a couple of weeks ago. Eastin was not in court and the genera opinion is that he has left the state.

The state produced considerble testimony and the juryreturned verdict of guilty after being out about an hour and half. Judge Fair did not pass sentence upon Eastintoday, but deferred it until tomorrow. It has not been decided whether the case will be appealed or not. Eastin had another case pendine against him as a result of the raid of last Saturday night, when lie jumped out of a window of the hotel and escaped. He returned Monday morning and appeared in Judne Drehmer's court.

His boud was fixed at $500. but he was not forced to jjive it, the officers deciding to wait until the other case was out of the way. There are a ot of people in town who do not know Judje James Fair, but he is known throughout the country. He has a unijue record among the country justices of this part of the state. He has been a justice for sixteen years and todav was his first jury trial.

CELEBRATED YESTERDAY Colored People Had a Picnic At Riverside Park. Yesterday in Riverside Park, the colored people held their Emancipation Day celebration. The celebration was largely attended, there being delegations present from Winfield and Newkirk. A big basket dinner was served and afterwards, speeches served to occupy the time during the afternoon. Rev.

B. A. Smith, pastor of the African Baptist church, at Winfield, made a speech, upon "The Proclamation," which was listened to with interest by all. Rev. Guy, of Arkansas City, fol lowed with a logical talk upon the results of the proclamation.

gThis had been carefully prepared and was very interesting to everyonejwho heard It. Rev. Copeland also made an interest ing address. G. W.

Branine, of Arkansas City, then delivered a short talk to the audience upon the conditions of the colored people at present. A baseball game was scheduled between Arkansas City and Winfield, colored teams but the Winlield players failed to put in their appearance and this was cutout of the entertainment. BOLTON. Bert Mofferd, of the city, Is staying with E. C.

Cramoton at present. Clarence Arnett vistied his parents recently. Mrs. Anna Schnee is quite poorly with an abscess on her limb. Mrs.

M. E. Scott and daughter entertained Mr. and Mrs. Homer Smith, of Bulter county, and Mr.

and Mrs. Winnen, of Winfield, the past week, Sotero de la Cerdav, ot near Ft. Sill, Oklahoma, spent last week visiting Mr. and Mrs. E.

C. Cramp ton. jThis week he is visiting his daughter Juanita at Chilocco. Miss Parker who has been visiting in Bolton, left for her home in Medicine Lodge recently. She will teach this winter in the Sleeth addition in the city.

Born To Mrs. and Mrs. Ollie Howe, an 8 pound baby girl, yesterday morning. Eastin Escaped by Jumping Through "a Window. Saturday night the Midland hotel was raided again by Constable Barker, of Bolton, aided by the members of te local police force.

The hotel building was surrounded and Constable Barker bore down upon his people. He arrested George Eastin. and then made a search of the premises. Twenty small bottles containing malt, were found and also ten full quarts of whiskey. While the officers were searching through the rooms on the cecond floor of the hotel, accompanied by Eastin, the later made his escape The officers kept the front of tne building gurded not looking for a break in the rear.

Without warning or anything in his actions that would indicate his intentions, Eastin ran to a window and jumped through onto Frank Peek's blacksmith shop, then he dropped to the ground and made this escape. He ran toward the Santa Fe. He was not seen any more until this morning when he appeared at Judge Drhmer's court in Bolton township for trial. Eastin evidently thought he would escape being jailed over Sunday, fearing perhaps that he would be unable to give bend. He had his grip ready packed and Marshal took charge of that, but the lack of a grip did not pre vent Eastin's hurried departure.

OKLAHOMA DEMOCRATS Open the New State Campaign Today. Mc A lister, I Aug. 5 Thousands are here from all parts of the new state for opening of the democratic state campaign. Most of the state "candidates are in attendance. Haskell.

Owen and Gore are the principal speakers, the meeting is being held in an immense tent. PUBLIC. I will offer at public sale at my residence, 2 miles north of Ashton and five west of Geuda Springs at 10 o'clock Thursday, August 15, 1907, five head of horses, 16 head of cattle, 25 head of hogs and a lot of farm implements. Free lunch. T.

C. Beery. J. W. Anderson, auctioneer, A.

H. Dentpn, clerk. l-2t WHOLESALE PLOWING. Wellington, 5 R. A.

Anderson of London township. Sumner county, is making arrangements to start a second steam plow. He has one engine with 16 plows attached going now and will start another with 20 plows. With these two outfits he expects to plow 80 acres a day. He has 700 acres of his own plowing to do.

TOOK CHANGE OF VENUE. This morning in Judue Drebmer'h court the case of the state vs. Easitn charged with violating the prohibitory law was called. This case is the result of the raid on Eastins place, two weeks ago. Eastin asked for a change of venue and the case was sent to Judge Fair near Geuda Sprinus, where it will be called for trial tomorrow.

Eastin was not placed under bond for the arrest Saturday night but the result of the pending case will be awaited. Judge Drehmer placed the bond at $500. The case against J. F. Johnson on a similar charge was continued.

Lizzie Bone, through her attorney, C. T. Atkinson, has filed a suit in the district court asking for a divorce from S. N. Bone.

She charges cruelty. The defendant farther asks for an equitable division of the property of the defendant, as alimony and maintenance, attorney's fees and the restoration of her maiden name of Lizzie Scott, Ralph Oldroyd Had a Narrow Escape Saturday Evening. Ralph Oldroyd had a narrow escape from at least serious injury if not worse. Saturday evening about 8:30 o'clock, and as a result will be laid up for several days. He fell down the elevator shaft at Oldroyd Son's furniture store, from the first floor to the basement striking upob the cement floor, at the bottom.

The distance is about nine feet and Ralph pitched head first into the shaft. His father. T. B. Oldrord, and Harry Oldroyd had taken the eleva tor to the second floor.

Ralph knew this but evidently forgot for a moment or in the darkness stepped nearer to the 'shaft than he thought he was doing. He walked back to the rear of the store to call to his father for something or other. He called "Father" once and was answered by Mr. Oldroyd The latter hearing nothing more after his first answer to the call, answered a second time. Hearing nothing from that, he listened and heard Ralph groan at the bottom of the shaft.

He ran iown stairs from the second story and back through the store to the elevator shaft. After getting a light he saw his son lying onthe basement floor. He hurried down stairs to the hase-ment and with the help of Harry soon picked Ralph ud and made a hasty examination of his hurt. A physician was called and responded at once. An ambulance was summoned and Ralph was taken to the home of his 'parents in the Third ward where his injuries were dressed.

Both sides of his face where he struck the floor were swelled up in a horrible manner. His left shoulder is skinned and badly bruised. His right wrist was thrown out of place as well as several fingers of this right hand. It is probable that when he fell he threw out his right hand to catch himself. There was also a light concussion of the brain, but it was not at all serious.

When picked up. he was bleeding from a deep cut over his right eye and also from his nose. Dr. Day says that inall of his experience he never saw a more badly bruised patient. No bones were broken, however, and Ralph is extremely fortunate to escape as well "as he did.

Todav he was resting well and the swelling has gone out of his face somewhat so that he is able to open one eve. He will probably be confined to his bed for a few days, but in the end will be as well as ever. Ralph weighs 205 pounds and his fall was a very hard one The elevatoi is not equipped with a gate, but no accidents have ever occurred there before this one. Mrs. Ralph Oldroyd, who is at the Arkansas City hospital on South street had a peculiar intuition or information, in connection with her husband's accident.

Dr. Day was at the hospital when the telephone call summoned him ud town to attend Ralph. One of the nurses happened to remark to Mrs Oldroyd that a man had been hurt ud town. A few minutes later the nurse, had occasion to go back into Mrs. Old- royd's room and found her crying.

When the nurse asked her what was the matter.she replied that she knew it was her husband who had been hurt. The nurse who really didn't know, hastened to assure her that it was not. Later the doctor explained to her that her husband was rather disfigured but was not in any way seriously hurt. When there are frogs in the cornfield, says the Atchison Globe, look out for a big corn crop. There are frogs in the cornfield this year.

"i everarid that Mr. Bok's malicious state-mejr were wholly and absolutely false'. a I ff the retra ct ion prl t.pd by a annul they wereforced to acknowledge ftiat thpy had obtained" analyses of "Favorite PrS gi-ruuun TjPti horn ioholorany of he alleged harmfuTdnTgsT These facts were also ninvpn in th tfiii the action in the Supreme Court. But the business of Dr. Pierce was greatly injured by the publication of the libelous article with its srre at display headings, while hundreds of thousands who read the wickedly defamatory article never saw the humble grrovelinfir retraction, set in small type and made as inconspicuous as possible.

The matter was. however brought before a jury in the Supreme Court of New York State which promptly rendered a verdict in the Doctor's favor. Thus his traducers came to grief and their base slanders were refuted. NEW STYLE OF INTRODUCING. The following unique method of obtaining be joyful" is told by a McAiester correspondent: At Kiowa, a small town 12 miles south of this city on the M.

K. and T. railway, there, lived a man well known to all in the neighborhood. He departed from there some months ago and went to Texas to work on a ranch. A few days ago word was circulated around Kiowa that he had been killed and that his remains would be sent to his former home for burial.

The coffin arrived due time, and with very brief services tne ooay, or tne supposed body of the former citizen was in terred in a small cemetery near the town. There was quite a number of his former associates in attendance at the funeral. Later it was discovered that on the night following the funeral the men attending the burial again as sembled at the little cemetery, and. enacting the role of body snatchers, exhumed the coffin, took it away to the "sticks" as the timbered country about tnere is caiiea, ana the next day there were evidence of many of those who attended the funeral having imbiled freely of the solace usually found at an Irish wake The officers were suspicious and un dertook an investigation, and it was soon jearnea tnaii tne coiran received from the train and buried instead of containing the body was filled with many gallons of whiskey. Most every means imaginable is used to introduce whisky into the Indian countrv, but the coffin trick is the latest.

A BIG RAISE Cowley Must Furnish the'State Over Fifty Thousand Dollars. The statej has called on Cow lev county for $50,513 for support to the state government next year. This year the amount was $34,000 and last year $38,000 it will "require an 8.2 mills levy to raise the amount. So reason is given for the raise Cour ier. A cow, supposed to have been mad, caused considerable excitement Saturday between the hou of eleven and two o'clock, on East Eighth avenue.in the blocks adjoin ing the Catholic church.

No one has as vet been ahle to find out what was the matter with the cow, or who the owner was. The cow chased Dumber of people, one old lady narrowly escaping from the animal. Couiier. xoin eminent cnemists. an or i fr" i Certmen that, It.

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