Stetson Weekly Collegiate

STETSON WEEKLY COLLEGIATE OFFICIAL STUDENTS' PUBLICATION OF STETSON UNIVERSITY. VOL. XVII. DE LAND, FLA., WEDNESDAY, MAY 10, 1905. NO. 25 Pinnell vs. Fitzgerald. This case, which was the last but one of the year, was tried in the Practice Court last Friday. Being a civil case, it would not have been so interesting as. former ones but for the fact that it was closely and hotly contested. Wesley P. Pinnell was suing T. Edward Fitzgerald on an oral contract of sale of a set of Florida Reports, the contract price of which was $300, payable in weekly installments of $6.00 each. The plaintiff was a book dealer, who had recently gone into business and the defendant a young lawyer, just arrived from Alabama. The plaintiff was represented by Attorneys Bolles and Blanton, and the defendant by Hutchinson and Scofield. Witnesses for plaintiff were D. O. Rogers and R. S. Geiger; for the defendant Voyle and Leitner. The jury selected consisted partly of law and partly of literary students. Only one was questioned or challenged and that was the case of "Sunrise Smith. The attorneys for plaintiff won his everlasting friendship by challenging him peremptorily, before he had warmed his seat or it had warmed him. T3Tariton outlined the case to> the jury, stating that plaintiff intended to prove the oral contract alleged in the declaration, and that there had been such a delivery of part of the books to the defendant and such part payment of the contract price by him as to take it out of the statute of frauds, and make it enforceable in the court. The plaintiff proved, to the satisfaction of the jury, that Fitzgerald on April 20 last, called on Pinnell at his business establishment, and bargained for the set of reports in question, and requested their delivery at such a time as he should later give notice; that he subsequently sent his clerk Voyle after the 23rd and 28th volumes with the message that he wanted to look up on a question and was not "ready for the rest yet," that the two volumes were delivered to his clerk; that he next sent over $6.00 which the plaintiff accepted as first payment; that the defendant afterwards came over and attempted a denial of the contract, but admitted that it "was only oral." The defendant claimed that he did not make the contract and that the $6.00 were given as. payment for the two volumes, that being the price stated for them by the plaintiff. The defendant, who like most young lawyers anticipated a protracted "starving period," and, being a little short of money, had caught the idea of how he might "hog" out of his contract, and in doing so display some of the vast legal learning he had acquired in hi a three years' course at Ann Arbor. "Much you know about law," he said to the plaintiff. "I didn't agree in writing and I shan't pay you." His blunder cost him only $200, that being the amount of damages found for the plaintiff by the jury, after a few minutes' deliberation. Perhaps it would not be too unkind to suggest that the defendants' case was too much doctored—too much medicine will kill the patient. The defendant moved for a new trial and Judge Bly sat at 11 o'clock Saturday morning to hear this motion argued. After argument by both sides, the motion was denied and the defend ant given seven days in which to prepare bill of exceptions for an appeal to the Supreme Court. It is believed that it will not be taken up. This case has. especially served to show Judge Bly's ability, fairness and patience, all of which is freely appreciated. Ask Botts, who "stultified" himself —that question I mean, and Leitner about his notary seal. The Y. W. C. A. The last meeting of the Y. W. C. A., tho' not so well attended as some heretofore was very interesting and helpful. The subject, "How We Can Glorify God in Our Lives," was well managed by the leader, Miss Clarkson. She called upon several members to read interesting selections, and, when the meeting was opened to all, many responded with earnestness: and interest. We are glad that the members are so faithful and are not weary in well doing, even if the weather is dis- couragingly hot. Let the good work go*>n. problems arising in the business arena. '02 Academy.—Another of the illustrious naughty twos has been heard from. Chastain Wilson Haynes, the class poet, sends his permanent ad- dress as Marion, Ky. Following his poetical tendency, he became deputy circuit clerk of Crittenden county, Kentucky, 1902-3. Then, to satisfy his scientific long- ings he entered Kentucky StateCollege in September 1903 in the Junior Class of the chemistry course. From that institution he will graduate this spring with the degree of B. S., and also carry off the honors for excellent scholarship. + ♦ » Collegiate Board Meets. On Monday at 1 p. m., the Collegiate Board held a business meeting. It was decided that herafter the business management of the paper be given to one instead of two men. Mr. Sparkman was elected the manager for next year. He will begin correspondence during the summer and have the advertisements ready for an early start in the fall. BASE BALL SCHEDULE Showing Games Played This Season and the Scores of the Opposing Teams. 1905 DATE PLACE STETSON OPPONENTS February 17. February 18.. March 3 March 4 March 10 March 11 March 17 March 18 March 25 March 26 March 31 April 1 April 7 April 8 April 17 April 18 April 28 April 29 ..Ormond ..Ormond ..Bartow ..Bartow ..DeLand ..DeLand ...DeLaud ..DeLand ..Gainesville.... ..Gainesville.... ..Ormond ..Ormond .Lake City .Lake City .DeLand ..DeLand ..Winter Park. ..Winter Park. 9... 3... .15. .Ormond 7 . Ormond 13 . S. F. M. C 0 . S. F. M. C 1 . 3,. F. S 1 . E. F. S 7 . S. F. M. C 0 . S. F. M. C 0 . E. F. S 2 . E. F. S 1 Ormond 6 . Ormond 3 U. of F 0 . U. of F 2 Rollins 3 Rollins 0 . Winter Park 2 . Winter Park 2 Alumni. '03 College.—Since leaving Stetson in 1903, Mr. Frederick B. Self, has worked for the Barber Asphalt Paving Co., in a clerical position living three months in New York and the remainder of the time in Philadelphia. The first of May of this year he resigned this position to accept one as traveling salesman for the Liquid Carbonic Co., of New York. Mr. Self has undertaken no college work since graduation. His place of residence is still Philadelphia. '02 Business College.—S. Randall Merrow, of Fernandina, Fla., is still residing at that place. The graduates of the Business College are not, as a rule well known among the student body, since they remain with us such a short time. This is not true of "Bill" Merrow, however. He was with us for several years and was very favorably known by his fellow Stetsonites. Since leaving the institution he has been associated in the lumber business and at present has but little bookkeeping. Since being launched in the business world he has audited several sets and finds his business training, gained at Stetson, sufficient to confront the The Normal Senior Class. Split in the Academy Class. Contrary to the custom of many former years, the Senior Normal Class will have graduation exercises separate from the Academy class. The members of the class are Miss Kennedy, Miss Stevens, Miss Walker, Miss Bouchelle, Miss Pelton. The class has the same pin as the academy but the colors are green, white, and gold and the class flower is the water lily. Probably each member of the class will deliver an oration. We congratulate them on their energy, and rejoice that another event is added to the pleasures of commencement week. Informal Reception. An informal reception will be given by Dr. Hulley and the members of the Athletic committee to the base afJll nine and the Collegiate Board. This reception, the first of the kind ever held here, is to take place at the president's residence on Saturday evening. The invited guests are looking forward to a most enjoyable evening. Organ Recital. Sixth and Last of the Season. The sixth monthly organ recital, given last Friday night in the Auditorium, was even more of a treat to music lovers than usual, since the whole program consisted of "request" numbers. The program was as follows: 1. Edward Elgar: Military March, Pomp and Circumstance. 2. Mendelssohn: Spring Song. 3. Thomas: Entr'acte Gavotte from "Mignon." 4. Wagner: Vorspiel to "Lohengrin," Pilgrims' Chorus. 5. Dubois: Nuptial Song, Meditation in E flat, March of the Magi Kings. 6. Lemare: Andantino in D flat. 7. Schumann: Traumerei. 8. O. A. Morse: Cradle Song. 9. Wely: March in E flat. 10. Chopin: Nocturne in G minor. 11. Schnecker: Reverie. 12. Godard: Berceuse from "Jocelyn." 13. Gounod: Soldiers' Chorus (Faust.) 14. Rossini: Overture to "William Tell." With regrets Prof. Morse announced the unavoidable absence of Miss Westlake, of Lake Helen, who was to have presided at the piano, and the audience regretted it too, although it was hard to imagine the perfectly enjoyable evening being made in any way more perfect. The masterful tones of the organ 'filling the auditorium with the strains of the military march had scarcely reechoed and died away when the plaintive sweetness of the graceful "Spring Song" came floating dreamily along, as if wafted by a fragrant breeze from distant hillsides. The number that followed was loud and stirring, full of life and animation. Wagner was much enjoyed, as were also the three selections from Dubois,—the "March of the Magi Kings" being an especial favorite with the audience. The soothing legato of Demare's "Andantino" calmedand rested the audience after the stirring chords of the "Magi Kings." The audience warmly welcomed its old favorite "Traumerei," but when Prof. Morse played that exquisite little gem, "Cradle Song," his own composition, it went into raptures and encored vigorously but got only a bow for its trouble. The lovers of Chopin were well pleased with the sad, thoughtful melody of the Nocturne. We have not space here to mention every number by name but all were enjoyed to the utmost and the well loved overture to "William Tell" was a fitting close to a most excellent program. ♦ » » A Meal for the Chaudoinites. Last Saturday evening Mrs. Sears and Mrs. Farriss gave a supper in honor of the Chaudoin teachers, at the residence of Mrs. Farriss. Those who know the reputation of the Farriss table need not be told that the function was a gastronomic success, nor do those who are acquainted with the social graces of both hostesses and guests, not to mention the hosts who were Mr. Farris and Mr. Sears, need any information as to that feature of the occasion.