The watchman and southron. (Sumter, S.C.) 1881-1930, June 21, 1913, Image 3
mm iii cakomna westi un
ftVULWW signs agree
mknt ro pay roit in
f Mit to awn.
y -
Agreement In Prcvodent Which Moans
Mach to This ami other t itle* If
1 It as Hold to?Railway Complies
with Ter.-na Laid l?own by i lly
Mnamgrr After Considerable l?ela>.
' That an crmr of Judf ment on the
part of agent of the city was no rea?
son for lessening the franchise hold
ar'a liability" waa one of the terms of
the contract between the city and the
Mouth Carolina Western Railway
which the ralfoad had to agree to he
fore they could bulb* their track
across Ureen Street and completo
their connection with the Atlantic
Coast I<tnc. After a delay of several
weeks the railroad finally signed the
agreement and the connection was
completed the last part of last week.
The special agreement between the
city and the South Carolina Western
Railway, Is of Interest as establish?
ing something of a precedent, while
at the same time si.rnallzinsj the city's
victory on a point of policy Insisted
on by the City Manuger as one of hin
?rat ofhclal acta The Ihhuo was:
Should It be unmistakably set forth
that a railroad is responsible for any
damage that might be done to a sewer
by either the building or operation of
a track, even though the plans and
the track work be appi >vcd by the
city? The city won out.
The South Carolina Western, bon
used to build Into Sumter, is requir?
ed by State law to make physical con?
nection with the Atlantic Coast Line.
To do no. It was necessary to cross an
Important sewer. The City Manager,
a former railroad engineer, held that
the road was, or should be. respon?
sible for any damage to the sewer
caused by the building or use of the
track, even though he approved the
construction plans and the steps to
safeguard the sewer. The city, at tho
managers initiative, required that
sUv.h be unmistakably expressed in
a special agreement. The railroad
representatives admitted by word of
mouth that the City Manager was
correct, but held that the proposed
voement was "superfluous and un
aeceasarv " The City Manage" held
the agreement was a necessity. In or?
der to preclude possibility of legal ac?
tion to enforce the city's position at
some future date. He "stood pat" on
the proposition that a possible engi?
neering error by an agent of the city,
concurred In by a franchise holder,
ought not. under any conditions to
lessen the franchise holder's liability
for any damage to public property as
a result of the use of a franchise. A
deadlock of some weeks resulted, and
the Stuf.? commission took up the
matter for preliminary Inquiry, after
which the railroad acceded to the
city's requirements and signed a spe?
cial agreement embodying the city
manager * contention In "plain ev?
eryday English."
The terms of the agreement nro:
1. That the South Carolina Wes?
tern Railway shall In the course of the
construction of said track replace
that portion of the present sewer now
constructed of terra cotta pipe, with
cast Iron pipe, In accordance with the
agreement between the parties, In ref?
erence to same, which agreement la
fully understood by both parties here?
to.
2. That the South Carolina Wes?
tern Hallway hereby agrees and binds
Itself, and Its SJgat essors and assign-*,
at all times hereafter, and so long
as Its track crosses Green Stn t I
across the sewer line through Green
Street of the City of Sumter, to In?
demnify tbe ctt> of sumter against
any damage to said Hemer, which
may lie caused by reason of the con?
st? S)C ling i?i UM said railroad tra??,.
or it* maintenance, or the operation
of said railroad, or the novlng of
I.motives over and upon said tracks.
3. That the South Carolina Wes?
tern Hallway is not hound to maintain
th#? nawl sewer line, at any part
thereof, hut mrely to replace or ie
palr. forthwith and promptlx, any
damage whl< h max be OnngSd IS said
sewer through Green Street, by the
construction of said railroad track,
or the operatn-n or moving of trains,
or ' hth or locomotives, over or across
the Mime.
4 This egressnent shall not effect
th* right of the City of Sumter to use
(lieen street an it may get fit. at all
Ismes protecting the tracks and road
hed of th< South Carolina Western
Hallway, provided such use of said
street shall not be Inconsistent with
agreement or the ordinance herein?
before referred to
Sooth Carolina Western Hallway,
My J. H Ham .,, k Ye , President
The ? hv ,,f Mnnjilor.i
Ml L i? Jennings. Mayor,
J. I" Booth, Count I lass a,
c g Rowland, Couneilsaan
Witness. I C. Strauss
Sumter. I i' . Uft) ||( i i :
Mrs. I G straw* ans tat? ned t
Ashevllle,
VOTERS SHOULD REGISTER.
POV, HI-KASK asks THAT DEMO?
CHATS nr. PREPARED TO
VOTE IX F.LKCTIONS.
_
Address Issued to People of Stau? by
(iovcrtior Implies that Underhand
Means may He F.mploycd tu Flec?
tion of United State* FsDnaiOff Since
Hatitlcutlnn of Seventeenth Amcnd
ment?Feels That Warning Should
bo (then People of State.
Columbia, June 14.?A call to all
Democratle vottrs to got registration
certificates and thus qualify them?
selves to vote in any general election
la contained in an address to the peo?
ple Usued today by Governor Cole L. |
Bloase. The governor says that he J
has Information that an attempt to
have Congress pass restrictions to
the cfTect that only those qualified to
vote In a general election can practl
Otnatg in any preferential primary for
United States Senator and Congress?
men will be made since the ratifica?
tion of the 17th amendment to the
Federal Constitution providing for
election of Senators by direct vote of
the people.
He says that he does not believe
either the legislature or the next
State Convention will put any restric?
tion on the primary, but that Con?
gress will be asked to. He urges ev?
ery white man to provide himself with j
a registration certificate and says that
If any board of registration turns
down a white applicant he will lire
them and appoint a board which will
give every white man a certificate.
His address follows:
"To the Democratic Voters of
South Carolina:
"I desire to call your attention to
the fact that the amendment to the
Constitution of the United States pro?
viding for the direct election of Unit?
ed States Senators by the people has
been ratified by a sufficient number
of States to put the amendment into
effect, and that this ratification by a
sufficient number of States has beet)
announced by Hon. William J. Bryan,
Secretary of State of the United
States.
"Although South Carolina has not
ratified this amendment, yet under
the Constitution of the United States
I suppose s\c will be bound by it.
"It is now rumored that certain
South Carolinians ? some native
born and some by adoption without
the State's consent?I regret they
are South Carolinians?are endeavor?
ing to have Congress place a provision
In a law to be passed under the new
amendment to the effect that in those
States In which a primary Is held by
a party for its candidate, no person
shall be allowed t?? vote in said pri?
mary except he he qualified to vote
j In the generul election. ThlM effort is
being made In an underhanded man?
ner. I now give yon notice that it Is
being made, in order that you may
gcj to your supervisors of reglet ration
and gel your registration Certificates
I and be fully prepared to protect your?
selves when the time comes. The
books of the supervisor of registra?
tion should hi open on the first Mon?
day of each month at your county
seats, and your supervisors of regis?
tration should make proper arrange?
ments to see that every man who is
entitled to he registered is registered,
The respective executive committees
of each Democratic club should see
that his name is upon the registration
hooks. No while mag in the state
should wait for at mcliody else to at?
tend to it for him, but should get his
eerttflcate himself and be ready for
the fray when it come*
"I do not believe that your Legis
lature is going to place nny such re?
strictions upon your state primary.
nor do I believe that vom State Con?
vention Will place any stub restric?
tions nround your State primary, but
Mrs can not tell what sffect these un?
derground, stab-in-tho-back. cheap
pollttenns may tuing about in Wash?
ington? in order to deprive a certain
element of the white people of the
South and of our state of participat?
ing in the primary, particularly in
Booth Carolina, bees use they have
heretofore been defeated, (>r now aee
defeat staring them in the face.
"I feel that it is proper that warn
mg should be given you, and that it
la my duty as your Governor to k\\<
it. and i now do SO. I can only give
tie- warning, mm i feel it is my duty
i
to do. If you fall to heed it and find
I yourself deprived of the right or
suffrage, you win have no one to
binme but yourselvea Go to the su?
jpervleors of registration, if ihey fall
to register you, report tbem to me
II there i-1 any board of registration
in tin- state which refuses to register
tie' white voters I will relieve Ihem
from dutj and put Mi a board that
Will.
"I have sounded the naming. That
is all I ? an do | beg you to heed it.
"Very respsctfully.
"Cols 1? Blesse, Governor,"
Congress has reduced ihe tariff on
dlamonda Thank goodness, are can
order ours now and save some molt*
??>'.
BURNT HIS SHIRT OFF.
Averett Arlington is Severely! but Not
seriously Burned at Greenwood
Garage,
Greenwood, Juno 16.?Averett Ar
rlngton, ? young man employed by
the Greenwood garage, was severely
burned thli afternoon by having his
shirt become Ignited, the shirt being
saturated with gasoline. He had
soaked the greasy shirt in gasoline
to elean it and thought the gasoline
had evaporated. On striking a match
to light a cigarette, the shirt blazed
Up ami he was severely burned about
the body and arms. Though suffering
(real pain, his condition is not se?
rious. He was hurried to a hospital.
FOUR ROBBERIES MONDAY
NIGHT?
Wreck Store, Pepsi Cola Company,
South Carolina Western Depot and
T. N. Smith Stiller from Depreda?
tions.
The burglars, robbers, or just plain
thieves, whatever they are, were
quite busy Monday night. Four places
were entered by them, but in only one
place, the Wreck Store, were the
thieves successful in securing any of
the money which they were evidently
after.
At the Wreck Store, which was en
, tercd from the rear, the door being
broken in, the thieves prized open the
cash drawer and secured between $10
and $12 dollars in change. It was not
I known how much goods was taken,
although the proprietors found sev?
eral articles in the alley in the rear
I of the store, where they had been
dropped by the thieves.
The Pepsi Cola BoHing Company
was entered from a front window,
which Mr. Dowling, the proprietor,
thinks he must have left unfasten?
ed. The money drawer was not open?
ed, but other drawers which were not
locked were ransacked, but apparent?
ly nothing was missing. In entering
the thieves had cut through the wire
screen in the front window.
At the South Carolina Western
Railway the thieves of thief, entered
from the window in the colored wait?
ing room. From this room they
passed through the ticket window,
breaking the glass out in order to do
si , into the agent's office. Here ap?
parently an effort was made to en?
ter the safe, which was unsuccessful
Articles Of Clothing and other articles
in the freight room were not molest?
ed.
T. N. Smith's store on East Liberty
street was entered from a rear door,
the door evidently being prized open
with a piece of iron. Two cad?
dies of tobacco and part of a jar of
chewing gum were missing this morn?
ing, when Mr. Smith found that nil
place had been entered.
This Store was broken into several
weeks ago from the front door, when
several articles were stolen. The
Wreck Store also suffered from the
depredations Of thieves several weeks
ago.
UNDERWOOD BLOCKS PLAN.
Customs Consolidation Likely to Be?
come Effective July l.
Washington, June IT.?When the
Senate passed the bill reported by its
commerce committee, to defer for six
months the consolidation of the cus?
toms service, which is to go into effect
by President Taft's executive order
on July 1. it was generally believed
here that the measure would have
plain sailing in the House, where it is
favored by a large majority of the
membership. The outlook for the bill
' is very gloomy, however, because
Chairman Underwood, of the ways
and means committee, to which the
bill was referred, is determinedly op?
posed to it and will not call any meet?
ing of the committee to consider it.
Unless action Is taken by the Demo?
cratic caucus next week to discharge
the committee, the result will be that
the Senate's proposal to defer the Tafi
consolidation und give President Wil?
son a chance to amend it. will sleep
In ;i pigeon i ,p. until Hie consolida?
tion has actually gone Into effect on
July L
Secretary of the Treasury McAdoo
Is anxious to have the consolidation
deferred according to the Senate pro?
gramme but the most powerful of the
Democratic house leaders disagree
with him. Their views will prevail
unless the caucus overrules them,
which is not considered likely.
PRESIDENT DOFFS Ills COAT.
Makes Himself Comfortable While
Conferring With Bryan.
Washington, June IT. President
Wilson and Secretary Bryan u(,t a taste
of Washington's hot weather today,
?Inn Ihej sal down to work over ;?
numbei of prospective diplomatic
appointments The slssltnsj tempern
tute ami the formal frock I'OUl made
it uncomfortable,
it was the President who cast his
frock < oat aside and \\ oi ked In in*
shut vlee> s
POLAR EXPEDITION STARTS.
Explorer Stefnnsson to Join Party at
Nome. Alaska, Later.
Victoria B. C, Juno 17.?The Can
adian Polar exploration expedition,
which will spend three years In the
Artie, under the direction of Vilhjal
mer Stefnnsson, diBcoverer of the
blonde Eskimos, set out today, when
the old whaler Karluk, Capt Robert
Barlett, with ten scientists and a crew
of fifteen men, steamed from Victoria
for tlie far north.
Dr, Btefansson did not sail on the
Karluk. remaining behind to com?
plete a book he is writing. He will
join the vessel at Nome, Alaska, about
July 20.
Dr. K. M. Anderson, who will have
charge of the Southern party, which
jwill use the auxiliary gasoline Bchoon
er Alaska, now awaiting the arrival
of the party at Nome, and will visit
Victoria Land, also remained behind.
The scientific work of the expedition
began with the sailing of the Karluk
James Murray, oceanagraphcr, bo
ginning his investigation of currents,
while Fritz Johansen, United States
Government biologist, began investi?
gating the sea life in the water
through which the Karluk passed.
Murray and Johansen will conduct
constant research into ocean animals,
the chemistry of the sea, temperature
of the water and direction of cur?
rents in a laboratory constructed es?
pecially for them on the deck of the
old whaler.
FEARFULLY MANGLED, LIVES
HOURS.
White Man Meets Horrible Fate Near
Aiken.
Aiken, June 17? With his left
shoulder crushed literally to pieces
and a fearful hole in his skull, crush?
ed bone particles and pieces of a
felt hat resting against the brain, Joe
Maroney, a 35-year-old white man,
residing at Oakwood, in this coun?
ty, was found early this morning in
I an unconscious condition beside the
Southern Railroad tracks, about six
1 miles east of this place and one mile
east of Montmorenci.
The wounded man was brought to
Aiken and all day local physicians
labored faithfully to preserve his life.
The hone particles and hat felt resting
en the brain surface were removed
successfully, when it became apparent
'that the man had also suffered a frac?
ture at the base of the brain. For this
there was no remedy, and he died
about tj o'clock this afternoon.
The physlclal facts in the case, the
[position of the body, the location of
the wounds and the train schedules
make it appear that he was sitting
evidently on a cross tie, jutting from
the track, and that the so-called
' midnight train' 'from Augusta, pass?
ing here about 12.15 at night, struck
him ami knocked him off.
it lias been stated by reliable par?
ities that Maroney was seen in Aiken
yesterday afternoon, under the influ?
ence of alcohol, if not actually intoxi?
cated. From infancy the dead man
ba?l been subjected, it is declared, to
periods of partial blindness. The cor?
oner's inquest was begun tonight, but
continued until tomorrow evening in
view of the absence of some persons
deemed material witnesses.
The dead man is survived by a wife
and one son. The remains will be
shipped to orangeburg tomorrow for
Interment.
Tlie News of Privateer.
Privateer, June 16.?The weather's
tine for killing grass and there is a
lot of it about here that needs killing
now, too. 1 think every one in this
section lias Iiis oats all in now only a
few got caught in the rain last week.
Mr. E. W. Rivers spent a few days
ithe past week in St. George.
Mr. Henry Richardson and son.
formerly of Tindal, but now of Thorn
dale, visited friends ami relatives in
the neighborhood a few days ago
Mrs. Clide Miller of Norfolk is visit?
ing bet- brother and sisters near
Tourney.
Dr. and Mrs R. I:. Farinan left
Thursday for Xew York and other
northern points. It seems that the
folks got sick as soon as the doctor
left, as Or. Parier .,i Wedgcflold Was
called to Mr. ,J. M. Cotnpton'S and I >y
Marvin of Pinewood to Mr. H W.
Pritchard Sunday.
Dchavlor Not Itcttpectablc.
P C. Wilson journeyed in from
the serene rurality of Kumter. Tlie
busy bum ol the capital, after the
peaceful nuiel of the iv?- i >, ,. section,
drove Wilson to stimulants, s?. that
!)<? might Keep HP \\ it h t be pa< e I le
mlsguaged Ins capacity, however, and
was beating to wlnward up Mam
stiert W ith topsails ftyillR VV he? Po
I iceman smith rounded him to with a
sind across the bows; figurative, of
course After anchoring him at a
box. the policeman shipped him off to
limbo and Wilson swelled ihe Intal bj
a line of < ?'< ?r five days foi drunken
uess ? Columbia Record,
MEAT SHOULD BE FREE.
SENATOR JAMES PROMISES HARD I
EIGHT.
All Hut Income Tai and Administra?
tive Feature* of Hill Are out of
Way.
i
Washington, June IT.?Senator Ol
lle James of Kentucky, who made the
sugar tariff speech in the eenate, de?
fending the stand of Preeiden Wilson,
has taken a vigorous Position in the
finance committee against the impo?
sition of a countervailing duty on)
meal and cattle, and today announced
that he would carry tin- light to the
Democratic senatorial caucus if he
failed to swing the committee Into
line.
When the majority members of the
i I
finance committee resumed considera?
tion of the proposed countervailing
duties on agricultural products, Sen?
ator James did not oppose the fre?,'
j
listing of wheat and flour with the
Countervailing duty added, hut he op
posed such a duty on ( attic and meat
so Strenuously that final action on the
matter was deferred. Senator Sim?
mons announced that the matter was
settled for presentation to the caucus
in so far as wheat and Hour were con?
cerned.
"I am for free cattle and meat and
shall go the limit to get it.*' said S< n
ator James, when his attitude before
the committee became known. He
cause some countries levy a tax on
their imports of the American beef
trust, why should we, in retaliation,
starve the people of the United States ?
I favored free meat and free cattle in
the campaign last fall and I intend to
j do all 1 can to put them in the tariff
law."
The majority of the committee were
in session until late tonight to hasten
work on the tariff hill and practically
completed tbe sundries schedule. Re?
maining for consideration are the in?
come tax and administrative features
of the bill, which the committee will
try to conclude by Thursday i.tght
It is probable the caucus will be
called to meet Friday, but problems in
the administrative section may not go
, to the caucus until Monday.
Chairman Simmons is planning to
' get the bill into the senate by a week
from Monday if possible.
Senator Hitchcock of Nebraska,
whose amendment to the bill levying
a graduated tax on tobacco output was
rejected by his colleagues on the
finance committee, gave notice in the
senate that Tie would carry that
amendment to the caucus and make
a determined fight for its incorpora?
tion in the bill. He also introduced
an amendment providing for a gradu?
ated income tax on all corporations
having n capital stock of more than
$ 100,000,000 and controlling more
than one-fourth of the production ol
any commodity. This, he said, he also
would urge in the caucus.
The action of the finance majority
in putting a tax on bananas yesterday
was explained by Chairman Simmons
today as a revenue proposition.
"We have placed a tariff of five
cents a bunch on bananas," said the
senator, "for the purpose of raising
revenue and also for the reason that
the banana trade is absolutely con?
trolled by a trust. The idea was not
to protect or encourage any banana
Industry in this country because there
is none."
"We estimate that the annual reve?
nue to be derived from bananas at
five cents a bunch will aggregate |2,
000,000 and the small duty of live
cents a bunch can not very well be
I shifted to the consumer."
ORGANIZE CHAMBER OF COM?
MERCE.
Mnyesville Citizens Form Commercial
Organisation with .1. W. Cooper
Preaklent and Gco. C Warren sec?
retary.
Maycsvllle, June is.?Mayosvillc
now has a live Chamber of Com
merce, tin* organization taking place
I
at a meeting held yesterday after?
noon. The following directors were
elected by the mass meeting of those
who had signified their intention of
loining tin- Chamber: J. W. Cooper.
\v. B. Cooper, C. E. Mayes, R. F.
DetfChamps, c. x. Sprott, R. A.
Chandler. Ceo C. Warren. F. J. BSSS
and j F, Bland.
At a meeting of the directors the
following were elected officers: J. W.
Cooper, president; <'. N. Sprott. vice
president; to o ('. Warren, secretary;
?'. K Mayes, treasurer.
Committees were a' -.ted to
draft a constitution and by-laws snd
to look after other neceasars matters,
especially the tobacco industry. The
organisation starts out with a mem?
bership of nearly cverj business and
protest.mal man In town ami with
the enthusiasm already displayed, the
new t'.'iiv should prove a great thing
In the development of Mnyesville
which has ben going on s?? rapidlj
Ol I.lie
Automobile hacks are slowly, but
surely, inking I lie place ?I tbe backs
oi lotmer da)a
COURT DECISION MERELY THE
BEGINNING.
Supreane Conrt's Ruling npfrMlmBf
Gives option of Instituting N< w
Proceedings.
Wsi ton, June 17.?The State,
rat?? decisions which marke?! the ses?
sion of th<" supreme court yesterday
are regarded by pome as merely the
beginning of a tight by the railroads
against low rates.
In each CIM where a railroad fail?
ed to sustain its I laims that the .State
rates were conffcMatory the supreme
court specifically received the right
of the road to begin new proceedings.
This was true as t?? tWO r?>a?ls in Min
neeota? 12 in Missouri and two in
Arkansas, where Justice Hughes said
ehe data on which the claim of con
fiseation was heard was too general.
Justice Hughes made it clear that the
court will not accept generalizations
of opinions as to valuations and ex?
penses,
Even tests of days or weeks will
not satisfy. Lawyers construe the
courts opinion as saying that the
railroads must invent a more detail?
ed system of bookkeeping.
It has been estimated that the in?
terstate commerce commission will
not complete its valuation within five
years. In the meanwhile it is re?
garded as certain that some railroads
will seek to convince the court they
have accurate figures to show confts
: cation.
Within the week after the Minne?
sota rate decision was announced the
Norfolk & Western filed in the su?
preme court a suit in which it claim?
ed the 2-cent passenger law of West
Virginia was confiscatory.
This law was held constitutional in
the suit of the Chespeake & Ohio,
but that road did not raise the point
I of confiscation.
The usual situation of low rates be?
ing applicable to some roads in a
State and n??t applicable to others
was pronounced by Justice Hughes in
the Missouri rate decision as being
entirely constitutional.
I_
SAVANNAH DOCTOR MURDER?
ED.
Young Widow Shoots Dr. Guy Brink
ley ami Kills Self.
1 Savannah, Ga., June 16.?Dr. Guy
O. Hrinkley, a prominent young phy
Blclan of this ?ity, was killed this af?
ternoon by Mrs. Eugene H. Whis
nant, formerly Miss Katie Kittles, who
then turned her weapon, a 32-calibre
Colt automatic revolver, on herself,
falling dead across the dead body of
Dr. Hrinkley, w ith a bullet in her
brain. *
The young woman, who was a wid?
ow, went to the oftVe of Dr. Hrinkley,
I accompanied by a woman companion,
whose name has not been as?ertained.
Mrs Whlsnsnt and the doctor went
into the private office and the other
Woman remained in the outer office,
leaving hastily when the shooting be?
gan.
A few minutes after Dr. Hrinkley
and Mrs. Whisnnat entered the ?dllce,
the firing began and the door opened
ami Dr. Brlnkley rushed out, follow
ed by lira Whlsnant, who was stead?
ily firing upon him. Dr. Brinkley
called to a maid servant to get the
police and the woman ran f?>r help.
Meantime Mrs. Whlsnant pursued the
doctor to the porch and back into the
[office, tiring upon him all the time.
Her sixth shot entered the physician's
heart, causing death. Without a sen*
ment's delay the woman turned the
weapon upon herself and fired a bullet
int?? her temple, causing instant
death.
Dr. Brlnkley was a Virginian, com?
ing to Savannah from Suffolk, sev
eral years au??. He was unmarried,
Bnd was prominent in business and
social circles here.
His slayer was about 27 or 21 years
i
old, slim, with dark, brown eves ami
i
hair, she was married to Whlsnant
in Charlotte, N. C, In It eg, while hs
was ill with typhoid fever. from
which he afterward died, since then
she has made her home with her
mother lu re. a
In The Police Const.
George Weaver, giving bogus
? lucks, was dismissed after paying
costs ??f 12.(0.
Dock Du Rant, petit larceny, steal?
ing clothes, found guilty, $15 or 30
days.
Cephas Ford, Hardy gnaw, Osbonrne
Porter and Richard James, gambling,
plead guiit\. $::?? or 3t days each.
Cephas Kord, resisting arrest, found
guilty, *i ?". ?<r 3d days,
K. Chodake, cruelty to animals,
found guilt), |1S or 39 days.
\ part} in addition to those who
bad alread) gone to Charleston left
Tuesday afternoon for Charleston
and the Isle ?| Palms to attend the
Shriners Convention. Among them
Were Messrs R. R, I .each. P. Mosen,
Jr., i loo i v 14M v ii v Forester, j,
w. Jackson and Dr. i:. u Wilson,