The Gotebo Gazette (Gotebo, Okla.), Vol. 13, No. 22, Ed. 1 Wednesday, January 15, 1913 Page: 4 of 8
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GOTEBO. O K L A., 0 A 2 fi T T E
Entered u aacond-claai nutter March 8. 1907.
•t the poatoflice at Gotebo. Oklahoma. under the
•et of eonitreea of March 8 1879.
Published every Thursday, at Gotebo,
Oklahoma.
I r A 7FTTE After all, 1914 will be just as we
THE GOTEBO GAZLllfc ,nake itj provided people let us alone
W. E Snyder, Editor and Pub. iong enough ten work out our own saiva-
tion.
Little Nineteen Hundred and Four-
teen looks just like his father.
There never was a girl who was too
good for the right sort of a man, and
she knows it.
This country is full of liberal, open-
minded people. No one is blaming
speaker Clark for lecturing.
A man is pretty reckless when he
flips a penny to decide whether he
will be good or do something devilish.
SUBSCRIPTION RATES:
Ooe Yew
Six Month*
Three Months
«1.00
. .60
:a
Who la The Moral Girl?
It is not often that the pew talks
back to the pulpit, and It is still less
frequent that applause is heard in the
church, but both events recently oc.
Let Mr. Marshall lecture. A vice
tie Cvertt, of Penn.ylv.nia, made president ought t. have me way .r,
the statement that the moral, of the which t, keep before the pnbhe.
eirl who spends her income on finery
are better than those of the girl who Blessed ,s the man who can ook
buys cheaper things and economizes to pleasant, even though the weather
save. In his opinion the girl who is hurts his feet. I is not good for the
making but $7 or $8 per week and who . soul of man to act as if he had corns
buys a"$l0 hat is more to be respected | on his face.
than the girl who buys a fifty cent bat,
He also asserts that she had better
look attractive and spend her wages on
her own dress than to give it to her
parents, for they no longer had any
claim upon her.
It was then that the pew talked
back. A handsome young woman a-
rose and questioned the statement. She
was the mother of four and had the
right to speak.
"I wish to say," she began, "that is
untrue. The girl who assists her par-
ents cheerfully, who gives generously
of her earnings that she may make life
brighter anil more cheerful for her par-
ents and their horns happier, is the
moral girl—not the one who spends hei
money on good times and ostrich
feathers."
The newspaper reports say that it
was then the audience applauded. It
is safe to say that the applanse will be
repeated in thought at least by those
who read of the incident. Whatever
we may think of the pew having its
siy and of the say being cheered, both
are justified when such arrant nonsense
is talked from the pulpit. The provo-
cation justifies the step. The exalta-
tion of vanity above duty and of selfish-
ness above unselfishness deserves re-
buke wherever and whenever it is
beard.
There would be no reformers in the
world if there was no more fun in re-
form movements.
The hen that puts off until tomorrow
what she ought to do today might be
called a delaying hen.
Probab'y there are very few married
men who ever kissed the hired girl.
Tradition is unreliable.
Lots of criticism has been made ar
gainst old Adam, but never, to our
knowledge, has he been accused of loaf-
ing down town every evening.
Half a glass of castor oil, taken seri-
ously on Wednesday's and Saturday's,
is said to be good for palpitation of the
heart.
Colonel Roosevelt seems to love the
out-of-way places, where there are no
horizontal hat feathers to tickle the
back of one's neck.
There is a strong argument on the
side of the man who says the world
will stand fifteen million years longer.
It always has stood.
The man who claims to have been
driven to drink doesn't care very much
about the brand.
Suffragists complain that they are
compelled to do things under laws
which they had no voice in making,
but women are getting married, every
day, and with out a whim|>er, under
man-made laws.
"The country is full of old maids"
•ays the Chicago Record-Herald, "who
have ceased to believe in the mistletoe,
It is startling to learn that the country
is full of old maids, no matter what
they believe.
There is always somebody to put
faith in almost any kind of a fool
prophecy.
- Mr. Taft says he is as hard as nails. J
But at that he wouldn't like to have 1
the steam roller run over him.
Women are not killing as many hus-
bwtds M they used to. Probably have
ott er things to occupy their minds.
Some, people pray for a little of
everything but gratitude, the very
quality that would make them feel
good.
See H. H. Anderson for farm loans
and insurance. tf
~ ' - .3S3i
DR. HUGH M. SMITH
Or. Hugh M. Smith has succeeded
Qeorge M. Bowers as fish commission-
er of tha United States. Dr. Smith haa
for some time been deputy commis-
sioner, and has been connected with
the bureau of fisheries since 1886.
MRS. WILLIAM H. THOMPSON
Mrs. William Howard In.mpson is
I the wife of the new United States sen-
J ator from Kansas. She is an active
i worker In the Daughters of the Amerl-
| can Revolution.
*Ve "vaiii the
name of every
yovnQ man who,
i,: Mfioos to
PATE NTS
LAWYER
sat (a hear fVMB w-
t.<l we wait to hear
ry hn,!ccss man who wtakes
tat fee knew BUSINESS LAW.
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StUDY
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4T
HOME
POPULAR TALKS ON LAW
ASSAULTS AND BATTERIES
By Walter K. Towers, A. B., J. D., of the Michigan Bar.
NUMBER 14
Many are the happenings of every-
day life that might, under strict rules
of law, be held to be assaut and bat-
tery, if the persons involved chose to
bring the matter to the attention of a
court. Fnough are taken up by ag-
grieved parties, who choose to press
their claims before the law, to make
actions for assault and battery frequent
inleed. S>, an action for assault and
battery is likely to happen within the
experience of an /of us. The victim of
more than one "practical joke" has
tailed to view the matter as a "joke"
and recovered damages against the
joker, whom the law held to be guilty
of an assault and batterv. Not infre-
quently an angry assailant, though he
fails to reach the man upon whom he
would vent his wrath, finds that he
must pav damages to the person whom
ne failed to touch, because he has com-
nitted a technical assault. So, too,
the fist tight of ancient origin brings
forth an action for assault and battery,
-ivil or criminal.
A criminal action is one undertaked
by the public prosecutor—though pos-
sibly at the instance of the aggrieved
r>arty—to punish the offender for his
affront to the peace and dignity of the
state in creating a disturbance. The
iction is taken in the name of the
,tate, aud if the offender is found
guilty the result is punishment—a fine
.vhich th2 state receives, or imprisou
uent. The civil action, on the other
land, is a private action taken by the
iggrieved party, in which he moves
lu his own name by his own attornev.
If he is successful he recovers damages
to recompense him for the injuries he
has suffered, and these are paid to him
The same fist fight may bj both i
:rirae against the state and a private
vrong against the individual. The
itate may punish the aggressor for his
;rime against its peace and dignity,
ind the private citizsn also bring
separate and distinct private suit in his
iwn behalf to recover d images. It is
he private action by the individual to
tecure recompense for the injuries he
las suffered tlut is of most immediate
joncern to the average individual, and
t is the circumstances that give rise to
his civil action that we will discuss
lere. The grounds of criminal liabil-
ity are not dissimilar, in most state
hough a criminal conviction for assault
u.d battery is more difficult to secure
ban damages in vindication of a pri
/rate wrong.
Though generally used together as-
sault and battery are two distinct
things. There may be an assault with-
>ut any batterv, though a battery is
usually accompanied by an assault.
Thus Mortin was walking alon<f the
footpath by the side of the road, when
Shoppee, who had threatened him in
the past, came riding from behind,
mounted on his horss. Shoppee rode
straight at Mortin, in a most threaten-
ing manner, and Mortin, bv desperate
who says, "If I were not in my Sunday
suit I would lick you," and shakes his
fist, is not guilty of an assault. His
words deny the implication of an imme-
diate threat. Neither do preparations
to commit an assault amount to an as-
sault. To amount to assault there
must be some physical effort to carry
the attack into effect. In a case where
one was held liable for shooting a gun
in the direction of others "as a joke,"
as he explained it, the .judge said:
Those who shoot at their friends for
amusement ought to warn tl.em first
that it is mere sport."
Battery is added to assault when the
assailant so far accomplishes his purpose
as to reach the person of the victim. To
touch another in anger, though in the
slightest degree, or to use violence
against another to rudely force a pass-
age, is, in a law, a battery. If one
strikes another with hostile attitude,
though it be but the weight of his little
finger, it is as truly a battery as though
he struck him adoaen blows with great
force. In the latter case, of course,
greater damages would be awarded to
the injued party. Battery has been
defined as the unpermitted application
of force by one to the person of an-
other.
Many are the instances of assault and
battery. If one strikes another in an-
ger the case is clear. One who rudely
and unnecessarly jostles another
guilty of assault and battery. The
party jostled, may, if he desires, sue
in civil action for assault aud battery,
and recover damages. Of course it is
not every bit of jostling and pushing
that occurs in a crowd that amounts to
an assault and batterv, but only that
which is inexcusable and unnecessary.
An overseer of poor who cut the hair
of an inmate of the poor farm, contrary
:u his will, aud without authority of
law, was held liable as for assault and
battery.
The body of the person assaulted need
not be touched in order to constitute a
battery. It is enough that the clothing
be touched. If you knock a man's hat
off you have committed a battery.
That it was intended as a joke is no
defense if the person injured did not
willingly submit to the joke and does
not choose to treat the matter as a joke.
An assault is uone the less such because
it was committed to have fun during
the merry season of Christmas, or at
any other time of gaiety and carnival
An assault and battery may be com
mitted by touching that which supports
a person, as well as his b>dy or cloth
ing. If you pull the chair from be
neath a man, it is an assault and bat
tery. If you drive a wagon against the
buggy in which he is riding, hostfleiy
and unnecessarly, that is an assault
and battery.
A consideration pf the cases in which
the person attacked has consented, or
where the attack is justifiable by author
ity, or as a-defense of self, family or
. , ...... r —, ,
running, just managed to keep ahead property must be postponed until the
next article of this series.
Copyright, 1913, by Walter K. Towers.
until he could turn into the garden
<ate. Shoppee sat on his horse with-
out iaviting him to come and be "lick-
id." Mortin sued Shoppee for assault
and recovered, although he had not
been touched. These hostile demon-
strations, which threaten iraraediatt
bodily harm to another and put him
in reasonable fear of his personal a-
mount to an assault, in law, although
the assailant does not succeed in touch
ing the person attacked.
A frequent instance of assault is
where one man starts in the direction
of another shaking his fists with every
•pparent intent of attacking him, but The |iver |oses jts activj,y at tilDeS
is checked and held by bystanders be and nee(]s he)p HERB1NK is an eff
fore he can reach his intended victim. ective liver stimulent. It also pu.efies
This action amounts to an assault in ,he boweK s,renKthens digestion and
law and the person against whom the; restore> strenK,h. vigor and cheerful
attack was directed may bring civil Lpjrjts Frjce ^ So|d by s D<
suit and recover damages against the! ehamJeis & C0.
aggressor. True, these damages will
Railroad Time Table.
Rock Island—Going East
No. 712 8:35 a. m.
No. 710 3:18 p. m.
No. 788, Freight 10:35 a. m.
Going West-
No. 709 11:38 a.m.
No. 711 6:15 p. m.
No. 787, Freight ...12:28p. m.
Order for Hearing Petition
for Conveyance of
Real Estate
State of Oklahoma. )
not be large where no substantial
jun- has been inflicted, but even where
no iujury or damage of any nature can
be shown nominal damages—six cents-
will be awarded as vindication, and the
assailant will de required to pay the cost
of suit.
Pointing a loaded revolver at auother. j County of Kiowa. }
or making hostile demonstrations with |N TUE County Court
any weapon, is an assault. Pointing a |„ the matter of the estate of d. B.
revolver may still amount to an assault i Young, deceased.
though the weapon be not loaded, pro- x. A. Boyd having filed herein his
vided that the person threatened is not j petiti< n for the conveyance to him. of
aware of the fact. The courts of Ala-1 tbe real estate described in said petition
bama. Indiana. Oregon and Texas have for reasons in petition stated.
ruled that pointing an unloaded revol- |t j, ordered, that said petition, be
ver at another does not amount to an aD(j hereby is set for hearing on the
assault; but in Iowa, Kansas, Massachu-, fjlth day of April, A. D. 1914, at
setts. New York and Tennessee it has o'clock P. M. at which time all persons
been held to be an assault. j interested in said estate are required to
The essential idea of an assault lies in appear and show cause, it any they
the attempt, real or apparent, to do ; have, why an older should not be grant
harm, i be attempt need not be real; ed for the conveyance of tbe real estate
it is sufficient it is apparent, and ap- deceased as described and for
pears to be real. The intent to produce . the reasons in said petition stated,
an assault is not necessary if the ac-1 a {, further ordered that a copy of
tion of tbe attacker was hostile and | lhj# be published for foor successive
produced genuine fear. j week# ia ,b« Gotebo C.aaette of Gotebo.
Tbe words or circumstances accom- oklahoma, bated the thirty first day
panving a threatening gesture may be 0f Dec.. 1913
such as to show to a reasonable person j. s. Carpenter, Connty Judge,
that do ba:m is imminent. The man , J. W. Osmond. Att'y for Petitioner.
Gazette Advertisers
Below we give a list of the up-to-date
business firms that $arry space in the
Gazette:
The Peruna Co., Columbus, Ohio.
Chicago.
Wedel's Department Store, Dry Goods,
Clothing and Groceries.
Calumet Baking Powder Companv,
Anderson, H. H., Farm loans and
Insurance.
Bank of Gotebo.
Canaday & Kuder Lumber Company.
Dellinger Brothers, Hardware and
Implements.
Kirkwood Lumber Company.
Trammell Hardware Company, Gen-
eral line of hardware.
First National Bank,
Watkins & Son, Fancy and Staple
groceries.
Hot Springs Chemical Co., Mfg's of
Liver Buttons. Hot Springs, Ark.
Rock Islaud Railway.
Smith, S. R. & Son, Meat market.
Commercial Barber Shop.
Dr. Redman, Dentist.
Stewart, F. B , Dray and transfer.
Mansell, J. W., Attorney-at-law,
Hobart.
Dr. Lamont, Dentist.
Swanson Rheumatic Cure Company,
Mfg's of "5 Drops," Chicago.
VER 6S YEARS'
EXPERIENCE'
Designs
• Copyrights Ac.
Anrone sending a sketch and description nmy
qnlcklr uncertain our opinion free whether an
invention Is prnhnhlr pnientahle. Communion-
lions si rlctl J conddontlol. HANDBOOK on Patents
sent free. Oldest fluency (or securing patents.
Patents taken through Munu A Co. receive
iptcial notice, wit hoyt charts, lu the
Scientific American.
A handsomely Illustrated weekly. Ijircest cir-
culation of any solentlflc Journal. Terms, fl n
yenr: four months, |L tiolil by all newaik'tilerr.
MUNN & Co.364 New York
Branch Ortlce, 625 F Pt* Wiabluitton, V. C.
rheumatic sufferers
SHOULD USE
The Best Remedy
fop stH forms of
Rheumatism
^ LUMBAGO.
SCIATICA. COUT. NEURALGIA.
D KIDNEY TROUBLES.
STOP THE PAIN
Wvm Quick Relief
NaOth.r
Lime
MMKI "B-OROK" fS«E CM RCOtlKT
Swanson Rheumatic Curo Co,,
ih-1w v Lain St.. CIIICASO
For Constipation
and Torpid Liver
Stop taking Calomel—Here'* •
Llrei temefly that's gentle, Mffl M®
■are, Get box to-day
Hot Springs
Liver Buttons
from Hot Springs, Ark., r «irjly
flue to tone up the llrer, drive the
poison from the bowels and mw*
iron feel splendid—26 cents
sample I.iver Buttons and liooklH
p^PilSS alSSr'ST
S. D. Chambers and Co.
j. w. MANSELL
Attorney-at-Law
Office over Home State Bank
Phone 426 Hobart, Ohio
BUSINESS CARDS
Business cards are publisned in tbe
Gazettk for 25c per insertion.
Dr. REDMAN
Resident Dentist
Does all Classes of Dental Work
Prices Reasonable
OFFICE IN PHONE 130
Miller Building north of Bant
LES
300
ILLU5TRA
TIONS
Popular Mechanics
Magazine
A GREATCmtbiw*<IStory of tha World**
" Pi w« which yn-i may begin reading
any tune, and. which .will hold jruor
which will fc.ild your
"on are living in the teat
■. of the most wonderful aye. of what ia
Boftt
the jiwtBt world in LSe_ univei
would gladly pay—
• 1 fWlft FOR ONE YEAR'S
|1,UUU SUBSCRIPTION
Are you reading it? Two million* of row
arghbort are. and k is the Mvonte mag*,
sine in tixxnandi of the beat America*
homes. It appeda to all cl iaaea—old and
young men mi women.
The "the* IMw" Bnartaaat IM paw)
gl*aa w? war* do Oiinga—bow t
wfal arttelae for b>w and thop, r*p«'r . He.
- Ammtmr Maekmlx " (10 ttttm t t n< hnw ta
■alt* furr.tMiTw. wirwto* ootriu. tnjta
anginaa. aa*tr. and all tha tlilngaa bnj lorw>)
•i-aof "
POPULAR MECHANICS C O.
DRAY &
TRANSFER
All goods handled with care.
Prices are reasonale. We sol-
icit your patronage.
F. B. Stewart
D. E. LAMONT
s®. DENTIST _e*
* OFFICE AT
First Door North Jone's Furniture Stors
PHONE NO. 41-3
Commercial Barber Shop
Clean Towels, Sharp Razors
and Careful Work
Agent for First Class
Laundry
O. G. Wagoner, Prop.
MEATMARKET
We handle a full line of
Fresh and Cured Meats.
Highest Price paid for Cattle & Hogs.
PHONE 83
S. R. SMITH & SON
TAKE A TRIP
TO
CALIFORNIA
THIS WINTER
You have long wished to
visit the "Gulden Stgte."
Make up your mind tnis
year and go.
low Fares and
BEST SERVICE
via
California short Line
via
EL PASO
THE ROUTE OF THE
"Golden State Limited"
THE BEST TRAIN TO
CALIFORNIA
Write to
FAY THOMPSON
Division Passenger Agt.
OKLAHOMA CITY, OKLA.
or consult
J. L. Millican, Agent
Gotebo, Oklahoma
fniuM HM n MDip fniTHa
0MVAV
,js.DiwE Tieaa>ii
illlppss
(tuwauittl
>!
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Reference the current page of this Newspaper.
Snyder, W. E. The Gotebo Gazette (Gotebo, Okla.), Vol. 13, No. 22, Ed. 1 Wednesday, January 15, 1913, newspaper, January 15, 1913; Gotebo, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metapth349562/m1/4/: accessed July 16, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.