davidaulloa/AmericanStories huggingface dataset:
The Leavenworth weekly times., 1878-11-21
ASAD SUNDAY.

A special dispatch to the Inter Ocean Of
Tuesday morning gives the following touch
ing picture of scenes witnessed in the Mem
phis cemetery last Sunday:
Yesterday, Elmwood Cemetry was throng-
ed with people; the old and young were
there, looking at the hundreds OF new-made
graves, and mourning or the loved ana lost
In several instances persons were unable 10
dpd the graves OF their lost ones- Most OF
the visitors yesterday had Il Gently returned
to the city, and this was the hrst opportunity
10 20 10 the kraves OF their dead. Many oi
the graves are unmarked, and, as conse
quence, II is not easy tor the visitor TO nnd
where lie the remains OF lost friends OF reia-
tives Sad faces and bowed forms could be
seen hovering over the graves all through the
cemetery. II Vas a sad sight indeed, and too
truly tells the fearful havoc wrought by
death, and also attests in eloquence more
touching than human peE can write or lip
speak the sublime herofsm and noble mar
tyrdom Of the men and women who face !
that terrible siege. Eulogies could be writ
ten and monuments raised. but none can
ever picture 50 vividly and so deeply what
Memphis has suffered as this sad Sunday
at Eimwood.
The Leavenworth weekly times., 1878-11-21
Cs.lPPCDCOuNs.

Some OF the San FRANCISCO papers are
directing attention 10 the startling increase
in the number of punched coins on the
Pacific coast, and suggest that The Chi
nese are Systematically clipping the coins
because "rhe few grains of silver that can
he secured by each punch would alone At
IracI a race 10 whom all small lhirgs are
great" We suppose the Chinese mus,
''go," but clipped coins were equally pu.
merous long before the Chinese thought oi
coming 10 this country.
The Leavenworth weekly times., 1878-11-21
Civ. ,n. ola Horse = Char.

Although one occasionally hears OF a
horse which will drink cider or whisky, 4
tobacco chewing horse is rare animal /;
We, Springfield, Mass, boasts of two of the
latter class. A physician, who is lover of
the weed, has trained two horses to chew.
Whenever he takes his quid in the presence
of his horse, the animal aff.ctionately rubs
his head against the shoulder Of his master,
as If to say, give me a chew" and upon
receiving his portion he Immediately begins
to chew it with apparent relish a. be trots
of. The doctor taught q horse which he
formerly owned the same habit.
The Leavenworth weekly times., 1878-11-21
SHARON.

Rumor says that Senator Sharon VIII
resign, now that the Republicans have a
majority in the Legislature, insuring a
Republican successor. Another report
says that he has no intention OF resignIng,
but intends to be in his seat during the
next session. His fortune, which was said,
last spring, to be sadly out OF repair has
been fixed up, 20 that he is rePuted to be
worth SI5, 100000 and he thinks that by
strict economy and his Senatorial salary, he
can manage to wiggle along for awhile IN
Washington, without being in danger OF the
poor house. But this is not time to take
many chances-there's hard winter ahead
Of us
The Leavenworth weekly times., 1878-11-21
4. stewart. Rody Found.
New York Herald, Tuesday |

About two O'Clock this morning one ofthe
police officials who has been actively engaged
in working up the case stated as positive
fact that The DETECTIVES have at last
succeeded in obtaining information relstIve
TO the whereabouts of the remains. The
entire facts" said this official 10 HaOtd
reporter, will be made public very soon.
1t is nov question OF brief time when the
remains will be secured. We have learned
enough 10 Indicate where the remains are
hidden, and We are sure Of being able to
arrest the thieves"
The Leavenworth weekly times., 1878-11-21

Better Goods and more for tn
o cents, half gallons, IS cents. one g
ought Of US not being as good as rep
OO,ts delivered to 70 Z IeAvenvort
The Leavenworth weekly times., 1878-11-21

By THE CoUkr. EoKroN, c. ].
I. The petition was fled September sti,
1874; on January 1stn, 1875, an answer con-
tanning general Genial and an allegation of
a defect of parties plaintiff Was died; al the
April term of court for 1919, the death of a
party named in the pefilIon AS suggested,
and on April 18th, lsI5, plaintiff filed an
such party pisinuffs. AT this t-rm a written
stipu' alton WAS signs and filed by the coun-
sci 10 the effect that II the case WAS contln-
uvd, Il should De tried On its merits at the
next term Held, no abuse of discretion Tor
the court o allow an answer TO be filed al
the next term TO said amended petition, an
Held, that tine nlIDg OF the answer was not
in violation of the written stipulation.
2. After a trial is had before a referee, and
the report OF the referee OF his conclusions OF
fact aud law, has been fled He'd. not error
for the court Ia refuse an application 10 Yer, =
fy the reply pending the hearing OF motions
To confirm and Wa .ate the report.
Before the Supreme Court W II review the
action of the District Court in overruling a
motion 10 vacate the report of "A iefer,e, the
recJru must show the grounCs, or reasons
tJntained In the motion upon which the
court was asked To set II aside; where The
record il silent as TO these reasons, the Su.
preme Court Is bound To presume there was
no error.
4 IN an action for trespass In cutting down
aud carrying away WOOD and timber where
the defense Is pleaded that the supposed tree
passes were done under ana by the author
lty of NJ, who Was acting as the agent for al
the plaintiffs and wss duly authorized 30 Il
q b, and the reply was not verified, and II no
where appear by the record that the verIh
cation is waived, Held, the District 'our
committed no error, ON "A motion 10 con III II
n referees report, in treating the allegations
of authority and sgency as true
Ali the justices concurring.
true copy. Attest: A. HAMMATT-
10. 5. Clerk Supreme Cunt.
The Leavenworth weekly times., 1878-11-21
A DOubsfui Question.

Two Of the Greenback members OF Con-
sress elected in the South, are found to he
s,anch Republicans. De. De La Maryr's
brother is authority for the statement that
he too will vote with Republicans on all
but financial questions. Six Greenbsck
members from Pennsylvania, Maine and
Iowa are known TO be of strong Republican
proclivities. The Democratic members
will find but little help outside their own
party ranks Whether they can command
strength enough to control the organization
of the House Is still a matter of doubt.
The Leavenworth weekly times., 1878-11-21

= Where the only cause of action stated IN
the plaintiffs . utIOn was Thai aeiehdan's ;
threw down and Gp-ned piainiluis fence ana
entered plainuff'> c.O-e ana there tIfosi'
and earn, u away a certain amount OF grain,
mi Oh the trial II appeared That pialnti :
xIf4. forcIbiy resisted such trespass, He'd,
That IL was error tn pan init testimony as to
the character aud extent OI the Injuries size
received and the length Of time size was IN
ca pacitated from labor Ia cOEs, quence theI..
of.
2 When in the absence of the husband
from home, the wife acts III protection oi
property claimed by him aud within the
home limits, although without any express
direction or agreement, she Is acting as MS
asenS and will be competent witness, IN an
a. tiOn by or a.sinst him, as 10 what she coes
and resists.
8. Every person, vino Is party TO an action
aud not incom petent to ties ify has a risht, IN
protection of has interests to be heard a. y
witness as to wuat lie has seen and Knows OF
the principal matter Ia controversy; and the
court may not. by liNitlnx the uunDer oi
witnesses on a side Deprive BIN OF inst fiSht
4. Impeachment u an alta X upon the pres
ent credIbIll OF a witness aud an lmpefcL
ing witness, who textiles tn I IL knows the
general reputation, truth and Voraclty W.ii
not be exc uded from giving testimony s.
| To that re, utation, because II appears tnal
such knowledge has Dern obtained ana Is
| based solely upon matters tTanspirlng sinc5
the commen' .menI OF The ac ion- that iaci
sffec the weight ard not the competency oi
the impeachI. testimony
All the justices concurrIug.
A true copy. Attest: A. HAMha j,
IIsl Clerk Suprrine Court
The Leavenworth weekly times., 1878-11-21
Heek1p Gimes
TUESDAY, NOVEMBER 81, 1873.
PICTURE.

he Health Officer of the District of Co
,bis, IN his annual report, draws an
rming picture of the condition OF the P0r =
mac flats fronting Washington City, and
lis the attention Of Congress to the sub
It. He maintains that immediate radical
,tion is necessary to prevent pestilence
hese hundreds of acres Of swamp are mala'
ial marshes which, during the summer
are covered with rank decay. Much OF tht
,ewsge of the city is carried back IRON th'
river by the tides, and remains on thes'
A Ats TO ferm-nt and throw off its deadly ei
The Leavenworth weekly times., 1878-11-21
VICTORY ron TnE PEOPLE.

The people of Chicago are 10 be con-
grstualated upon the fact Of having
achieved q victory in the courts over one
of their choicest nuisances. The Times of
Tuesday morning says:
A decision was given by the T. s Supreme
Court Yesterday, In the case OF the North
western Fertilizing Company against the
village Of Hyde Park, Iil. The case erew out
OF an attempt of the Hyde Park authorities
to suppress the intolerable uuisance:creAted
by the company. The latter claimed exemp-
ion nom municipal regulation under q
Court OF the State decided against the com.
pAny, and this decision is affirmed by the
souft OF Iast resort. In rendering this decis-
Ion, the court held that the police power of
the state Is adequate to give efiectuai RENE
~, since II extends to the entire prop.
Ssty and business within Its local jurisdic-
ton. and the Regulation and abatement OF
nutances u one OF its ordinary functions.
The Leavenworth weekly times., 1878-11-21
ABOVE PAR.

Men must be above par in the vicinity oil
Sioux City, Iowa. The lovers Of scandal
in that part of the world are Just now en-
loving a sensation, created by Mrs,
Henderson, who eioped with man named
Benedict. There is nothing so very strange
in this, but then, Benedict is old, homeiy
bald headed, and has only one eye. Any
womsr who would do that
The Leavenworth weekly times., 1878-11-21
.x0TaER TROUBLE.

The New York Tribune says that II the
burglars of Saint Marks succeed in dispos-
ing of their booty at remunerative figures,
a new horror will be added for every one
who suspects that his friends will be able
and willing to make a satisfactory compro-
misc with the holders OF his remains. A
safe deposit burial company, the Ttbn'
suggests, may be one Of the business en-
,arnrises Of the future
The Leavenworth weekly times., 1878-11-21
rssE EusHERlES.

Washington dispatches 10 The New lofh
Times of the 18th, in regard to the question
of the New Foundiand fisheries, state thai
Lord Sallsbury's reply to Secretary Evart'
is satisfactory, and that the British Govern
ment will carry out the treaty OF Washing,
ton in a manner Of which this country Will
have no reason to complain. Whether this
Interpretation of the English Government
position is correct or MOI, cannot be posi-
tiyely known until the text OF the dispatch
is given TO the public, which it probabl,
will be in a short time.
The Leavenworth weekly times., 1878-11-21
The People Of the North Will Have
Someshiog 80 s8y About IL.

New York Tribune, II
The question Is, in word, whether
s 600 600 Southern Democrats shall hsve
as much power in this Union as II 00o, 900
Northern and 10000 Southern Republi-
cans, BY means Of systematic defiance Of the
Constitution and its guarantees OF freedom.
1t is high time that this question should be
seriously considered, and, unless We very
much mistake, the people of the North will
have something to say about it in due
time, when the facts have been fully placed
before them.
The Leavenworth weekly times., 1878-11-21

lie 10 plsiniifs be sold by them without
commission a. he profits 1ivldsd Under
that contract defendant cong and Shipp
cattle Th5 Transaction resulted ia los. No
settlement was haa between the defendant
and the firm, the contracting member
thereof upon the basis of The con Fact or 9TH
erui-e Held, thai he firm could not ignor-
\ ing the express contract, maintain an action
| against the defendant a an ordinary shipper
uPon an implied contract TO pay commits
siOns.
| A true copy. Atte-t: a HAMMATT,
L. ST. Jlerk Supreme Court.
The Leavenworth weekly times., 1878-11-21
.sE1.IHLE >U,:GISTION.

The New York Void has had enough ol
the fraud" yell, and suggests that the sting
and terror have been taken out Of II by the
cipher scandals. 1t suggests thst the Dem
ocrats quit the Electoral Commission In
ouiry and address themselves TO business.
The Leavenworth weekly times., 1878-11-21
STATE OE KANSAS l.
SHAWNEE COUNTY,

l. Abram Hamma,t. clerk Of the supreme
Court OF the State OF Kansas, do hereby certi-
fy that the foregoing il true ann correct
copy Of the syllabus in each Of the above en-
titled cases, as the same appears On file in my
office.
witness nv hand and official seal, hereto
sffi xed. at my Office in Topeka,
IsYArl thIs 2th day OF November. A d
ISIS A HAMMATT,
Clerk Supreme Court.
The Leavenworth weekly times., 1878-11-21

1. Where a criminal case Is taken on q
change of venue from one county To
another IL i not necessary that The original
information or any other original paper
should be transferred To such other county,
but II is the duty of the Clerk OF the Court IN
which the cause il pending 10 make out a
full. Transcript of the record and proceedings
in the cause, and to transmit the same duly
certined under the seal of the court To the
Clerk OF the court 10 which the removal j.
ordered and the defendant may then be
tried upon such duly certified transcript
2. " here the transcript OF the record snd
proceedings in such case appear TO ha 80
been duly certified under the seal Of
the court AMI the below held
that IL was 80 certified; Heid, That
tie court blow did not commit error In ~
holding although an affidavit may have
been presented Ia the court below showing
that the afiaDt beiieued that the certificate
with the seal affixed was not properly maze
out and attached to the transcript.
g. As rule, IN criminal cases for murder
evidence showing that the DECREASED was n
.'Quarreisome, turbulent and violent man,
should be excluded, and the facts of this
case do not pres. Mt one Of the. exceptions
4lThe court below did not err In this case,,i n
limiting the srgums n of counsel u the jury
70 "a hours on each side
Ali the justices coBcurring.
A true copy. Attest. A HiMNATT,
Isl Clerk SupreL Court.
The Leavenworth weekly times., 1878-11-21

By TIE COURT. BREWER, j.
l. To enable this court 20 hold that the en-
tire testimony l. Preserved III the RECORD, "A
direct and express a-SeiIfon to tIat tfiect l.,
not II Necessary preIequ,site; Il II enJti-h II
the facJ afflTnatINciy appear rom IA lar ana
r, aspnabie construction OF tue Language
used tne=rein.
Accordingly where the question for re-
view arises upUu the decision OF motion,
end the case mai- states tIat the one party
h!-. in support thereof the aftuavIts oil c-r-
TAI n witnesses, namILg them and giving tie
afiidaviIs III full, with capt oiI, signature ana
JursI. and The other party III oppbsItio' theie'
Ia fled the afiidavIts Of certain other VIII
ur>ses likewise naming them and giving the
aItid..yIIs in III /, and mat on the hear nS oil
the motion in support thereof the one party
,rIirr, and read Iu evidence said fildaVIls oi
said iir-t named witnesses, naming thehi
auu the other party Ia opposition thereto oil.
| { red, aud +, All III eNideL ce said aiilddVits ol
| IaSt nam, d wltues- -es, naming them, anu
| that theTeupon the court made It's order. etc.
| IL Is Held, that the record wIlh -sufiicien'
| cIesrness show affifnativeiy that ltcontaihs
| the entire testimony on motion.
3. Where mOrig gee, who Is a non-re>i
| dent, obtains decree Of foreclosure and EN-
/ p!Oys an agent To- attend at the time HNed
| inr the sale, with Instructions 10 bid up q
$40 W Tor the property, aid nj the day "i sal,
/ ,Ucn agent Is aO-rnt ana ht another piitce, IL
| oi,edieuce To "A subpoena To attend there as q
! witness i'll cIinInsI trIsi. and the moftg
/ AZ e Is not Others I>e represented at the sale
| aud the property Is BID of 10 "A third pariS
| for fifty collars, and Immediately thereafter
and e;Ore confirmation both the mortgages
| and mortsagOr move the court 10 set AS de
| the sale, anu the former tenders u BID OF 81 q
| for the prope ty, and II appears that I'M
| property Is iariy worth s1uO or scO; He Il
| that the sale oueht TO be sci aside and a ne"
! safe o der-d, upon condition that the mort
| gagee's offer of - be held good as a fret bit
| at such neS sale.
All the justices concurring.
| 4 tru,, COPY Attest: A. HAMMATT,
| lis Clerk supreme Count.
The Leavenworth weekly times., 1878-11-21

No. i03s-John Alexander VS.. Oranel Shonyo
Error IruIn DOIlpnan county-Afnrneo.
By THE COURT. HORIZON, d.
/. mortgage tf real estate where the
mortgsxrrs wer,. insoIyent and the premises
insufficient to pay the mortgage lien, lnstltu-
ted an action against :. 70 recover fJr the
conversion of a boiler and engine tahen Dy
MIN a'trr he had obtained TAX sale certin- =
cafe On the premises. Ihe certificate during
the pendency OF the action rfpened INTO a
tax deed whicn = also obtained The tflai
court fou, q the va ue Of the boiler and en-
yiue 10 be $50, the mortgaeed premises to De
Inadequate To pay the expenses OF forecloe-
ure suit and the amount OF taxes paid by .
s3o,. "a flor which he had INST lien. The
mort agee neither attemptei TO redeem the
premises nor rendered the taxes PAID oy =:
Held that The mortgage was not enttied 10
recover in the action
a true COPY. Attest: A. HAMMATT,
Isl Clerk Supreme Court.
The Leavenworth weekly times., 1878-11-21

Necessary to choice, lS5. To the above
NAV safely be added California e, and
Oregon, ).
This is as good, prospect as Republic
cans can reasonably ask for.
The Leavenworth weekly times., 1878-11-21

o.l4S5- John Ashton " Ruth 4. 'ngle and
Percival q. loves rrOr from Leavenworth
county affirmed
pY THE COUNT NALESIiSE
|. Where "A Judgment for money Is rendered
! in the District Court against person VINO
owns real stale within the C unity, and such
rral estate il not the homes cad or any part
.oereof of the owner ; Ifstd, that Judgment
lien attaches 10 such zeal estate. and thai,
under and by virtue of such judgment lien,
| such real estate may be levied upon a;'d sold
| under an execution issued ON such Judgment
| although, at the lime OF such levy ami sale,
| tie property may be occupied as the hoins'
| stead OF the owner.
| = Where "A lot (or part of a lot with house
| therenn, situated in an Incorporated city, Is
rented Tor a money rent, TO n tenant, who Is
not a servant or AN emplOye of the owner
with the intention that such house and lot
shall become the home and residence oil
| >ucn tenant and mis- family, and they
| nc, ualiy do become the hom and residence oi
such tenant aud his family; Held, that sucil
house and lot cannot be cons der, u as a larl
| of the hoIn. stead and residence of the owner
| 80 as TO be exempt from legal process under
the homestead exemption laws although
| >uch lots may adJOln the homestead OF t.ie
| owner
| All the in tees cOncuTring.
A |. ue copy. attest: y. HAhMA
The Leavenworth weekly times., 1878-11-21

I. In an action prosecuted nv the State, on
the r-Iation of the Attorney General. TO Try
IN. tirl. of a defendant To his seat in the
House Of Representatives OF the Legislature
and to oust him from once, where such de-
fendant upon the conveniny OF the Legisla-
tur-. was declared and adjudged by the
House 10 be "A member and entitled to a seat
in that body, and has continued TO aci as
member, Held, That this court has no juris-
diction TO d.termine the question, as tn.
power to Judge of the elections, returns and
qualifications of OF its own members IL IN
vested in each house, and cannot Dy its own
consent O. by legislative action be vested IN
any other tri bunal or officer.
All the justices concurring.
A true copy Attest: A. HANNAH,
IL. $. Clerk supreme court.
The Leavenworth weekly times., 1878-11-21
J
BY THE COURT,

Where one W, owning and residing on a
farm OF one hundred and sixty acres III Atci.-
ison county, on February l'th, lo'4, .purcnas-
Ell "A house ana two lots, Two ana ON hall
miles distant in the city OF DOM piau "a city
of the LnirI Class, and rented his iatl iii Tor
two years, IeseryiBg fUrty acres IN fall
wheat Tor one year, and the pTiEil' ge of one
room in the farm house, IN which To store
some articles OF furniture, aud Oh MaIcn LIST,
ls1-, left his fnIin and removed win ais
family To his place IN DOniphain and Resided
there Till his death on January lith, 1876 and
while living IN Doniphan added by pur-
| chase, To II Is ely property, nine other -Ots
i'm proved this pr peIty, taus ht school IN
the. city, held the Office OF street Commits
sloner under the ordinances oil the city and
voted at the local city election IN 1855, Held,
That he gained new home and acquired "a
new homestead IN DonIpnan uOtwltnsland-
ing that ai the lime he moved 10 The latter
civ, IL was his int niIrn 10 rent his ttrin
| two, three, or lour yeats, sell OIL his Old
| farm machinery, school LIS children, then
by new machinery and return To mis- farm
and He'd, That as the newlyacquIred home was
upou premises owned by MN, 10 which
| lie homestead exemption attaches by rea-
| son uf Its occupancy as d residence ami that
AS he eXer. Ised fl the privileges apprrtaln IL
| mig 10 ms re idence in DonipTan, including
| voting aud holding Office, lie had abandoned
| his tt,lu as his homestead, and at his drtth a.
! il was not exempt from she payH oI Ais
| debts.
| All the justices conCurring.
| \ true copy. Attest: A. HANNATT,
| lL-sI Ileik SuPTeIne Court.
The Leavenworth weekly times., 1878-11-21
To the Pentse.,iary for Life.

Sheriff Wilson, Of Cloud county, passed
Through the city to day with Francis ~.
Buryef, who killed one Richard IefnI last
NeE Years night. Bure.t will board At the
peniientiary the remainder OF his dsys.
The Leavenworth weekly times., 1878-11-21
Few Dre Chosen.

Gentleman George" thinks that he hears
his country calling him to be in readiness
ior 1880. Doubles; many are called-few
are chosen.
The Leavenworth weekly times., 1878-11-21
BREWER, j.


| No I2s2-C Dewey ct al. vs.. =. X. Linco.t
-Erior from JacH soL COunIy-RcNcT,ed.
! BY TIE COURT BREWER, J.
The Leavenworth weekly times., 1878-11-21
Burnott's Extracts WI
ranted Pure.

: money than any other house in
Ion ,ars, 81 as White Lime, Pas
can be returned at Dr eI
free Sf charge
The Leavenworth weekly times., 1878-11-21

BY THE Cot ri

No l7tO-ThsodOre weichslebaum vs.. Paul
T. ,urIeit Ef.or from Pawn.e County
Affirmed.
BY THE COURT. HORTON, {. e
l. Although a tenant cannot dispute the
title of his landlord ~ long aS II remains as
II was at the Jims the tenancy commenced,
vel he NAV show that the title under which
he entered has expired or h tS been extln
sui>hed thus "A tenant, under no Obligation
OF duty to pay taxes, may purchase the pro-
u,rIy at "A tax sale made duriug his term,
ana resist the recovery Uf AIS former land
loid for rent, accTulng sfte7 the tax sale, Jy
virtue OF an adverse tItlc 81 acquired.
All the justices COucUr!ing.
A true cy,y. Attest: \ HtMMATT.
isl Clerk supreme Court.