Z.57 5 8 6 6 3 8 .TS r :OGRAPHIC MISCELLANY THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE STENOGRAPHIC MISCELLANY J 903 B. 0. BAKER LAWYER DALLAS, TEXAS THE STENOGRAPHIC MISCELLANY FOR 1903 PHONETIC SHORTHAND PUBLICATIONS. Phonetic Shorthand Manual, $1.25 Phonetic Shorthand Speed-Book, 1.25 Phonetic Shorthand Pocket Dictionary, cloth, Sl.'-'S; flexible leather, round corners, 1.50 Student's Pocket Reminder, full-page illustrations, 25 Phonetic Shorthand Word-Book, 1.25 The Stenographic Miscellany for 1903, cloth, 1.00 fS~ Sent postpaid, upon receipt of price by postal or express order, or by draft. W. W. OSGOODBY, Publisher, ROCHESTER, N. Y. THE Stenographic Miscellany For 1903 *. >. & W. W. OSGOODBY, Publisher ROCHESTER, N. Y. COPYRIGHT, 1903, BY WILLIAM W. OSGOODBY. E. R. ANDREWS PRINTING Co. ROCHESTER, N. Y. Z57 CONTENTS. The Great Smith Family, 3 Mr. Bob Sawyer's Party, 6 American Sailor at Play, 17 Only a Little Way 18 Romidus and Rome, 19 The Two Orders, 21 A Valuable Picture, 23 Prime Requisites, 26 Big Things Lost, 26 The Telephonic Burglary, 27 The Sun Cooling Off, 35 What Shall it Be, 37 The Old-Fashioned Pocket, 38 f Curious Bridges, 38 # Nobody's Child, 39 >. The Captain of the Ship, 42 5 A Stomach Complaint, 43 g Powerful Water Jets, . . . 47 3 Hearing by Sight, 48 What is Antiquity f 49 jj A Good Stenographer, 50 L The Training of the Eye, 51 z Consider the End, 52 = My First Bank Deposit, 53 Law Office Amanuenses, 54 Scraps, 55 3 A Chicago Lunch > 56 P What is Real? 57 P The Monroe Doctrine, 58 Why are You Writing? . 59 A Question of Speed, 59 Cousin Fanny 's Story, 60 Law Report Wilson v . McKay , 61 Charge to a Jury, 73 Key to Law Report, 75 452188 THE Stenographic Miscellany The Great Smith Family.... ' lu^-S-^-- u ^> . ~t ^~ ^ The Stenographic Mi<.cdUimv. \ k.r. -f- _ * -x =v The Great Smith Family. ./.. y | ----- - -I- i-i..?;.^. _ l _/r___a. The Stenographic Miscellany. Mr. Bob Sawyer's Party. ...xrll^X..^. . f ..\4._^.. '-i?tr+ *si^~*L~.\=*^ *< > >? (, *"!.!_ f-V Mr. Bob Sauyer's Party. The Stenographic Miscellany. Sf. -(- DALLAS, Tt; Mr. Bob Sawyer's Party. . ^~*&^-*Ut ss. /-f- '_^_&r 10 The Stenographic Miscellany' .3.^.. V* 1-is JL _ fry. _ 1 _-^^_ J . yrr. - L A"'" .\, >i Mr. Bob Sawyer's Party. 11 f ry.l -\- _"_!V tf V r v ----- f- ----- 12 The Stenographic Miscellany. '" < _ ' fl A. _j X L " I ' Mr. Bob Sawyer's Party. 13 14 The Stenographic Miscellany. , .A:v- ^t.^_-^,::. l--r . I" " .f \ -4.-^-- Mr. Bob Sawyer's Party. 15 \ 16 The Stenographic Miscellany. American Sailor at Play. 17 _ ._^___ . ,_ r ^-^..^_ x>-^-^-S-3. a ^ ^ | Romulus and Rome. __xT_ r ^i_> >^> .-./-_ _Ly_.L,?p__S_ ft .--. _^r-i V 7 --- p^> \ " t?*~' ^- .^_-C^..l. H ..^....)..^!.^..-V- Lj^-JJL^c. l-~i rl_ __ ^^\. t^LJL^^J. 20 The Stenographic Miscellany. I u _~^" V~ *~ & L%. J. / \_.....- 4^-r. ( ^-- { ^J-^-- A -^--\^r t-'-- : " ^ n x r ^. The Two Orders. 21 The Two Orders. *= , / <~<--. r^- - V I 22 The Stenographic Miscellany. -^-^- V _ V- '-- A Valuable Picture. 23 , "X ----- J ^- \ Valuable Picture.... ^ - -S 24 Tlie Stenographic Miscellany. _s . _1_ __Sy_7T_ ^._V:)___^-:__i _S_^____*L^ jur*^:.isr A J3 vJ? s ^J? ./,_ - J- - .S ^ f _ _\_ . _^_ r L^_ j. _^_> X> __?\_jo j ^^. ^ >^^ /^ A Valuable Picture. 25 L /____.k-/r^j> ( it! c s -~-*f^.V -S. 26 Tlte Stenographic Miscellany. Prime Requisites *r^- " ; \1 ,A..^..^...__.C.^_.V^ The Telephonic Burglary. 27 The Telephonic Burglary / I x ^t 1- -J .h-j A- -> < ^_ 28 The Stenographic Miscellany. - r /f..a 3V >i *_<._v~P_l. A'. The Telephonic Burglary. 29 ^^^jrC-Nr? r ^ ^ X_Xi .' Q - ^> .^.v _t-"t_- ^-^ ; - / r__^,.j > '._ x Vor^-^No^^ ^ ;-^ ? : v I ^ \ , a ..^ ^^....vr...r, W- rf_>, 30 The Stenographic Miscellany. f- _v The Telephonic Burglary. 31 w. %- 32 The Stenographic Miscellany. ^ The Telephonic Burglary 33 i Jv__ 34 The Stenographic Miscellany. .^ \ ^ 4 The Sun Cooling, Off . 35 The Sun Cooling --s- 1Z\_ _\ -JO ' ^ , ? ? ^ I ^ -- --<- t ^-r--"" V^ 36 The Stenographic Miscellany. . A i V ( -^--G-.m.^ ..^..r..^.^-/^-^. ^ V, r , :.--..b_-~__^-_- _~___. J> ,'i v o'Sv> \ Vo* !^.c ii -ir?7./,'-^. A -V-*^f.S..i ye ^ The Sun Cooling Off. 37 r ) V-------^ '" c, " >v__/T__C_p___wC :2 : _v___,c-__ c r\_h_xi _._ r .=e v^2 ^.Vt.,.1^. .c^f.^X^^A.^ -i < < -? i / ~\ - * /- --^---- 5^ .? . . .%.,-^ W. - ! _77\>^ -^- -^-- i ^ o ^ ' -^ ^ or* P \ l^ C ^-f _\? i_v/^--- :_J-j 452188 J3 The Stenographic Miscellany. THE OLD-FASHIONED POCKET. t> p ( \. -J-... J... .--4--^ --v : ^ v_ . ^ V 4" \' ^ Nobody's Child. 39 Nobody's Child _ :M-*~i __.-.c._x _ 40 The Stenographic Miscellany. I \, ^ r.^^!,.'.. Nobody's Child. 41 \ or ^ > v . , The Stenographic Miscellany. r " Captain of the Ship. ..irv.--,^? !T!l- __-- S^ * '~--v->- -g.- f .<~-- f ./ v _ x 1 -/ ^- -j O I c_- O O ^^ ^J % - - -Q_--t 'VI. V C 1 _ _V ^^ *~ ^ ~sS~ ^^ 1',. l..?r. > .--^.^s-_s^-." >1 -.Sr' *S^ ~t f . A Stomach Complaint. 43 A Stomach Complaint _ . __L_ _^_._. ~- f L Aleo'li. Chyme. Duode'num. Esoph'agiw. Pep'tic. Pertotnl'sU. Pbar'ynx. Pylo'ris. 44 The Stenographic Miscellany. ,__^,^--. J__i__ ^-^---L-_. ? r A _^1 /__hj.Jt^.Jt__^_/.-!^*._rL. /^ ^ v - c / L " - JVT* !O-_V- r - Jl-N- ^}--<*~f> >- ___ { ^_,_- .-^yj.-- ____ j = .t_v-0-->>. :> A3T~ ' 7- I ''^V ( T ._^_._S^_i\_.-,_.t 1 .>,.. ..^^,__<-,....^.\. A Stomach Complaint. 45 ^_ . (^"V "* V^ X> I t> *| ^ Y^ ^^- - - - ^y \Q -/ r 46 The Stenographic Miscellany. /S 7 ^ / ^_< (S> n o > ^5 ^. . vo -\ ' I I I 01 ?^r.^--\^-^- // .-X^l-JO ^""^7* L ^.^..-T^-'L^-^m-, -_\__"r "^ " "-Y -*"- ^ i -^-&'-^- ^-^^-^-i-^-^-^-^r s~ - A Stomach Complaint Powerful Water Jets. 47 rSy_.^ra-.* Powerful Water Jets . -"Tlfl? _ _v _ _7b ^1. r: _ _> ^_.^_^7_._ ,-Sr^T. L . .1.4.. . _-* , <- J t J~ "~r~ "Si" 48 The Stenographic Miscellany. Sight. \ v f . L C f 1 What is Antiquity ? 49 What is Antiquity ? _ . _ 1 . 3r?_,_ JL,. _Vr\ _~^ _ _\ _"^r_ ^ ^ _. Li. A_!T. ^ 50 The Stenographic Miscellany. ..=.JV.-..~- ------ - - -f-/-W- L - --\-- - Stenographer _______ i=e. _____ cr5N_^-^-s_y_-r^--=^--_ J_-.L V 7 x" > The Stenographic Miscellany. Consider the End:. ______ ts-. My First Bank Deposit. My first Bank Deposit. ^r^. /= __._N *-(- - x"-| |--Su---_Z ,---^f--f.- V-A_ s p i . < " " '. ( * \ ~~^ f "* f J I Y " I / T i > _, '* ^_ \^ i/**+^s ~ \ | V * CXJ5 < ^s^r^v . rv - - --/<- ? c \ _>_ -t o_ Orf?^T-JL_ _-,.- ___ y _ ^.f,,^..*. Why are you Writing? -A Question of Speed. 59 Why are you ! 1 I VAC '""^ " 1 , N *X1 S~ UU ^""^ *"i" : " v " "^~ -V-^ \>"-- Ty^-fe- ^ A Question of Speed ^~-_ _ f _ .Sg, .*!?_ .,. _1_ _ ^.t__. ._:L.J... .. T . T __ . r j,.n...f..r..a.L^.*.^_ r .^ :..^__>..:>..^_.s^_- / 60 The Stenographic Miscellany. Cousin Fanny's Story ] __;__~rr\- r _x: - v --f-- ^ >v^- .y-- r - r ._ V ^_^^_ r 4_/-X) g-.f-lc,^.*..^--^--, ^7* -cj^ f ' ^" 7 S" C-^^ J ( ? *^v /^ ^ j "^ ^ ^"> ^!Ii^^^4^.^^^^^^_^>, Law Report Wilson vs. McKay. 61 Supreme Court. ^-^V^x^/- ^A. --^ Orrin Wilson ] E ^ Carter , v. \ ., ,. ,, Jas. R. Kelly. Arthur McKay.\ Wilson, Orrin, -T$ --V- -.^- ?> -^ ^-l.J^ -M- ^^> / C , v- A> _v 62 The Stenographic Miscellany. -/-;(- -^-- V Law Report Wilson vs. McKay. 63 Vr fefH -^-j-~ JL- V P _^*^ , Arthur, 64 The Stenographic Miscellany. ~; v ^ - -vi- - Wilson, Orrin,. (J~~ _f_;. j^-kjw ^^-^ \ ^^> T ^ * Law Report Wilson vs. McKay. 65 < i-fc- ;_ ^j |- ->-i- --.-- r"T5 \ - A __- __ vr -. 66 The Stenographic Miscellany. .__/> f * )._^../_.^ " \> i^ ___^ v _ _ 4 Law Report Wilson vs. McKay. 67 i.~_ fe \v_-7__ ^ V i A".. >^C&_ _< .,^^ - -k- (- ( V_ . s _. C> ^" Q_p ij " zTJ-"" 68 The Stenographic Miscellany. --=- A .77. .K. --e-'^Y s t <^v ) ^ % ^ -y- ' .L '-t->-\, McKay, Arthur,. K... __J. ^t -^y> ^_ i " N, " f q . ^ V- V-Y ~1 h f 4 Law Report Wilson vs. McKay. 69 S _ -77_^l_*___l_-x__'7^ . v v^_.y ^ aL44 *^r 70 The Stenographic Miscellany. -_ _ .6. \ 4 c. 'A 4M 1__U_1. Law Report Wilson vs. McKay. 71 /V V 3 \ \ 72 The Stenographic Miscellany. Wilson, Orrin, c. A x^k .r ..:..). ,.Ju I 6 .... . .. ? .,_. ^ -^v-- 2 ^ \ -. Law Report Wilson vs. MtKay. 73 -.*-- _-iT*T_ / ; ...r..A?..Lr"^_i U: A, L^.-L 74 The Stenographic Miscellany. -Ui -1 s^-/-^- 7 ,...../v- ^ i ~ - Key to Law Report. 75 SUPREME COURT Before Mr. Justice HUBBELL, and a jury. OBBIN WILSON for plff vs. . , , ,_ James R. Kellv. for deft. ARTHUB MCKAY. Elmira, N. Y., February 7, 1904. Wilson, Orrin, sworn. To Mr. Carter: Q. Where do you reside? A. In Byron. Q. You have lived there how long? A. Three and a half years. Q. Before going there, where did you live? A. In Buffalo. Q. What is your business? A. I am president of a manufac- turing company. Q. Have you any other business? A. Yes, sir. Q. You did other business within the last six months, and at and after the time of the transaction in this action? A. Yes, sir. Q. What was your business, in connection with this matter? A. I was president of an iron company, and engaged in raising money for certain purposes. Q. Had you had any experience in mining? A. I was superin- tendent of mines, and for a number of years I have been connected with the business, in one way and another. Q. You knew of the iron mine in question, located in the north- ern part of the state? A. Yes, sir. Q. How long have you known about it? A. The first I knew about it, was about six or eight months before the contract in question was made. Q. Describe briefly the situation of the mine and mineral de- posits there ? A. The mine is situated three or four miles from the nearest railroad station. It is a mineral that contains iron and sulphur. Q. How is the foreign matter taken out of the mineral ? A. They use a concentrating plant to take out the foreign matter, so that the product will run as high as possible in sulphur. That is used in making sulphuric acid, which is used in refining crude oil and in making paper. Q. Sulphuric acid is the valuable element in the ore? A. Yes, sir. Q. In order to make this ore of value, must it go through a. crushing process? A. Yes, sir, and concentrating. Q. Is there any place in that vicinity where that can be done ? A. Yes, sir; Mr. McKay does it. 76 The Stenographic Miscellany. Q. After that is done, is there occasion for shipping the ore?- A. Yes, sir. Q. What is the next process, after crushing? A. Taking out as much foreign matter as possible, and then it is shipped. Q. What takes place after that? A. It is burnt. Q. There is no place in the immediate vicinity of the mines, where the burning process can be had? A. No, sir. Q. And it is necessary that it be shipped away? A. Yes. >ir. Q. State in regard to the matter? A. Before I had anything to do with it, I looked over the property sufficient to satisfy my- self that the quantity was almost inexhaustible. I found old shafts sunk down to a considerable depth, and I saw hills of it through which they were then cutting and opening to it, and the supply seemed to be inexhaustible. Q. Was there any question in regard to this supply continuing for at least ten years? . Objected to, as calling for a conclusion of the witness. Q. Can you make that a little more definite, and say how long a period it would last, at a certain amount of shipment a day say, a shipment of eighty tons a day? Objected to, as immaterial and incompetent, and as call- ing for the conclusion of the witness, and as incompe- tent on the measure of damages. The Court: You may show by the witness the number of tons of ore there was in that mine, if you can. The question was withdrawn. Q. Have you had experience in the construction of railroads? A. I have. Q. To what extent ? A. I was general manager of seven hun- dred miles that is now part of the Pennsylvania Railroad, and had charge of building about three hundred miles of it. Q. You had a knowledge of the cost of constructing railroads,, at the time of the making of this contract? A. Yes, sir. Q. Did you observe the right of way over which it was proposed to build this road? A. I did. Q. When was your first talk with Mr. McKay, in regard to the construction of a railroad from this mine to the Rome and Water- town Railroad ? A. It was on the twenty-eighth of July. Q. That was about a month before the making of these papers?" A. Yes, sir. Q. Where did you see him? A. At the mines. Key to Law Report. 77 Q. Before that time, had you received any word from him? A. Not directly. Q. You went there to see him? A. Yes, sir. Q. Did you have a conversation with him there? A. Yes, sir. Q. Who else was present at the conversation? A. Mr. Barton. Q. Anybody else? A. No. Q. Barton was one of the parties who signed the contract, later on ? A. Yes, sir. Q. Did you have a talk with them in regard to the construction of the railroad? A. Yes, sir. Q. How long a time did the conversation take? A. About a day, 1 should judge. Q. Give us an outline of that talk. Objected to, as immaterial and incompetent, and that it was afterwards embodied in the contract. Mr. Carter: It is not with a view of altering the terms of the agreement, that I ask this. Everything that was material was not embodied in the contract. Q. Was there any talk, aside from this one that you speak of, subsequent to the 28th of July and before the making of the con- tract? A. Yes, sir. Q. When was that? A. That was on the 26th and 27th of August. Q. The contract was executed on the 28th? A. On the 27th of August. Q. At whose instance did you go there on the 26th? A. I took Clifford and his attorney there. Q. He is the third party to the agreement? A. Yes, sir. Q. Did you have any conversation with regard to the contract, on the 26th? A. Yes, sir; we talked half the day and all the evening about it. Q. On the following day, the paper was signed? A. Yes, sir. We drove up to the mines, on that day. Q. Do you know whether that paper was recorded or not? I show you a paper, and ask whether that is a copy of the agree- ment made on that day? A. There was but one copy made. Clifford's attorney took that. Q. Examine this, and state whether it is a correct copy of that paper? A. It is. A certified copy of the record of the contract was offered in evidence, dated August 27, 1902. Objected to, as immaterial and incompetent, and not the best evidence. Received; exception. Marked Exhibit 1. 78 The Stenographic Miscellany. Q. Was there a talk had in your presence with regard to re- cording this paper? A. I don't think there was, at that time; there was afterwards. Q. Did McKay take part in that conversation? A. I don't think he did. Q. This paper I have shown you is a copy of the contract, and the same as is set forth in the complaint? Yes, sir. Q. How long were you there, after the execution of the paper? A. It was executed about eleven o'clock at night, and I left about seven o'clock the next morning. Q. Did you see McKay again, before you received a letter from him stating that the deal was off? A. No, .sir. Q. I show you a letter and envelope, and a>;k if they were re- ceived by you? A. They were. The letter and envelope were put in evidence letter dated August 30, 1902. Exh. 2, 3. Q. When did you first see the defendant again, after that time? A. On the eleventh of September. Q. That was where? A. In New York, at the Grand Hotel. Q. Was that the first time you saw him after that? A. Yes, sir. Q. Who was present? A. Barton, and McKay, and myself. Q. Clifford was not there, at that time? A. Xo, sir. Q. Prior to that time, had you delivered a letter for Clifford to the defendant? A. Yes, sir. McKay, Arthur, sworn. To Mr. Carter: Q. You are the defendant in this action? A. Yes, sir. Q. I show you a letter; do you recall the contents of that? A. I couldn't say whether it was exactly like that, but it was prac- tically the same thing. Q. "So far as you know, it was the same? A. I couldn't -ay. Q. Do you know where the original of that letter is? A. Xo r sir. Q. Was it among the papers which you delivered to your at- torney in this case? A. I don't know whether it was or not. I had a letter from Mr. Clifford. Q. Is this the letter, which your attorney has handed to me?- Did you receive that in Xew York city, at the time of its date? A. Yes, sir. Key to Law Report. 79. The letter was offered in evidence. Objected to, as immaterial and incompetent, and not bind- ing upon the defendant. Letter marked Exh. 4, for identification. Wilson, Orrin, recalled. To Mr. Carter : Q. I show you exhibit 4 have you ever seen that letter before? A. I did, on September 10, 1902. Q. Did you see it before it was delivered to the defendant? A. Yes, sir. Q. Whom did you take it from? A. From Mr. Clifford. Q. Did you make a copy of it, at that time ? A. I did. Q. And then did what with it? A. Left it at the Grand Hotel for Mr. McKay. Q. You sav you had a talk when McKay and Barton were pres- ent? A. I did. Q. Was exhibit 4 shown there, and commented upon? A. Yes, sir. The letter was again offered in evidence, dated September 10, 1902, Exh. 4. Objected to, as immaterial, incompetent, and irrelevant. Received; exception. Q. State what took place in the conversation between yourself and Barton and McKay ? Mr. Kelly: I object to any conversation, as not binding upon the defendant. Received. Q. Who spoke first, and what was said? A. I asked McKay whether he had got the letter I had left in his box the night before. He said he had, and took that letter out. I asked if he was going to comply with the request. He said there was no use of that that the lease was put up as collateral security with some one else. I asked if he didn't know that at the time the contract was made. He said he didn't understand it was in the agreement. Then he went on to explain that he had sold a quarter interest in the property for $25,000, under an agreement with the pui-chaser that he was to have a certain amount per ton until his $25,000 was returned, and that the lease was put up as collateral security for that. Barton and he then had some words about this not coming out at the time the agreement was made. The Stenographic Miscellany. Mr. Kelly: I object to any conversation between Barton and McKay, as not binding upon the defendant. He said, "What did you sign that contract for, if you couldn't iullil it?" He said he didn't know it was in the contract. Bar- ton said, "What did you suppose we wanted the contract for. if we couldn't have the lease?" That was about all. It was re- peated several times. Q. Do you recall anything further that was said during the . BAKER LAWYER UALLAS, TEXAS UNIVERSITY ot AT LOS ANGELES LIBRARY