davidaulloa/AmericanStories huggingface dataset:
The Leavenworth weekly times., 1879-06-12
No. 1.5i!-The state vs.. T.. p. BsrcIoft-Ap-
peal from Lyon couniy-Aifirme
BREWER j.
BY THE COURT.

| l. The State is not an incorporation or cor
| poration within the meaning OF those term,
| "s used III section j, OF chapter s., oil The las
| Of 1878
| Ter half OF said acslon Is incompre heL sive
| and the scope OF that half OF the section Is
broad enough To Include the agent OF any par
| iy, whether priv lie person, partnership cor
poration or the STATE, who is guilty of the
misconduct therein named.
8. The cardinal canon of construction to
which all mere rules of Interpretation are
subordinate, Is that the intent when ascer-
tanned governs.
l. Inc defendant was in ls72 appointed by
tue Board OF Birec oIs OF tne State Normal
School agent for the sale Of lands Held
that such agency was not revoked by chap
ter l3j of the laws OF 1913, whlcn placed the
control OF said school III "a Board of REGENTS.
To sustain a conviction uIde the last
half of said section l OF chapterS7, there must
be proof of a demand. such den and must
also be made by some one authorized TO maxi e
"A demand and not by mere stranger. But
10 constitute d defnani in any case In which
there was an existing duty u pay and a de.
Teliction of duty in wIt..hul ing psy menr,
no particular form OF WoTd> l. ntce stgy, but
II Is sufficient II the language plainly indi-
Gates TO the party that he is called upon now
10 perform that neglected duty.
o. A Juror on his uoir DIRE testified that he
had neither formed or expressed eny opinion
and was without bias or prejudice Two
witnesses called at the same time testified
that some months bt fore they had heard
him say that he was afraid defendant had
got himself into bad scrape, that he had
got his loot IN II, or words to that effect. On
denomination he denied any recollection
OF such statement a challenge was over
ruled and he served as juror. On a motion
for new trial several o ner witnesses testl-
ned that at different mes they had heard
similar statements. The Juror denied max
ing any such statements; asserted AS to some
of the witnesses that he was not on speaking
terms with them and had not been at the
places named by them as the scenes OF these
conversations. Part of this testimony was
oral and part in affidavit. The trial judge
overruled the motion and sustained the qu al
ification of the juror. Held, under the pecui lar
character OF this case, the TACT that questions
involved were. principally questions of law,
and In View of the acts and conduct admit
ted and testified TO by the def f=ndant as the
testimony was partly oral and partly in af-
idavlt, that this court is not warranted in
setting aside the judgment and granting
new Trial because OF this jIror.
All the justices concurrIug.
a rue copy. Attest: A. HAMMATT,
Il s. Clerk Supreme Court.
The Leavenworth weekly times., 1879-06-12
Fish for the kaw.

7
j. &. Ellis, agent for the United State:
Fish Commission, arrived in the city yester
day morning with 90 shad for deposit in
the Kaw at Topeka. The fish were brought
in cans from the Susquehanua river, and
were in good condition. They have required
a gre 1t deal of care in transit, and on sunday
last 1t took sO) ounds of ice to keep them
cool enough TO live. This will be an item o
interest TO the peop'e of Kansas, and IL Is &c
be hoped the experiment to stock the kav
and It's tributaries with shad may prove en-
IT, ely satisfactory.
The Leavenworth weekly times., 1879-06-12
Appropriations. \

WAsHINGroS, June 5-Repre.entative
Atkins said this afternoon ne would report
back the Legislative, executive and Judicial
appropriation bill to morrow and endeavor
to secure its passage. The appropriations
committee will meet again to morrow
morning to continue consideration Of the
remaining orders agreed upon BY the joint
democratic CAUCUS, namely, the bill making
an appropriation for the judicial expenses
for the fiscal year ending June so, 1850
The Leavenworth weekly times., 1879-06-12
CITY NEWS.
Assaulted.

The den of infamy known as the "Centen
n;aI," or the levee, wss the starting point o
a disturbance last night about midnight oy
which a soldier named Jamss Murray, was
assaulted and beaten by two comrades
named Macbeth and wai~or. Murray wa
IN the house. drunk, when the two soldiers
carneafter hIrn. He refused 10 go and quar-
rel ensued. The soldier was finally leu ou'
and taken down to the rsver: where ne ,.aI, wa
rhrnwn in IN ..sob.r ni,n off," He resented
this when the two knock d hitn down AZ u y
beat him 6adly. Oilcer- Cunnnghaih snu
Robinson took IN eentiIe paity 10 il' stalloi ~,
,roert ,tev will b.. tried this morning. The
assau { was outrageous, and the punlshineht
should he
The Leavenworth weekly times., 1879-06-12

]. In trials for homicide, evidence of
threats made by the deceased person against
the defendant but not communicated TO him
before the killing is admissible in case where
the acts of the deceased IN reference to the
fatal meeting are OF doubtful ch aracter. The
evidence is not relevants to show the quo oI,-
iH0 of the defendant, but IL may be relevant
10 show that at the llms of this meeting the
dc cea ed was seeking defendants life
=. Where evidence OF communicated
threats has been admitted il is competent
for the purpose of corroborHting sucn evil
dence to Introduce evidence OF uncommunl-
c ted threats.
Where the ba'lif in charge of a jury in
a trial for murder enters the jury room dur
ing the deliberaton of the jury or their ver-
diet and reals To them portions OF the in
structiOnS, Held, such misconduct as to de-
msnd TIE annulmeut of the verdict and the
setting aside OF the sentence and judgment,
notwithstanding the officer testifies he read
the portions OF the instructions at the re-
quest OF the jury because they could not read
them and that he read the same correctly.
Valentine J., coucurring.
Brewer j., dissenting.
\ true copy. Attest: A. HAMMATT,
H. s. Clerk supreme Court.
The Leavenworth weekly times., 1879-06-12

!. The rule adopted in Nesbit VS.. Mines, IL
Eas. sic that any matter for which . new
trial may be granted. is waived by the neg
lect OF the party to move new trial, aP-
proved.
?. The failure to except to the overruling OF
q motion for a new trial is q waiver OF error
as to such ruling and ali alleged errors of law
occurring AT the trial for which new trial
might be granted.
y here q citv Of the secc nd class executed
ON JuIy 25th, ISIS. a contract with B. for ma.
cadamizing certain portions OF its streets
and to pay tor the same agreed To oy legal as
sessments upon the particular pi operty liable
for the payment thereof on or before August
18th. ISIS and certify the same To the county
clerk as required by law, and o. the COM
pletlon of tine work to issue To the contrac
tor assessment bonds, AID the city failed to
Jew a sufficient tax to pay for the work done
and refused TO issue all the assessment bonds
to which the contractor was entitled. and
neglected to otherwise provide means 70 pay
for the work: Held. The city was liable 70
the contractor for the balance due him fof
the work performed undefthe contract in an
action brought by him to recover sucn oai'
ance.
All the justices concuyI1ng.
A true COPY: Attest, A. HAAAATIs
Hsl Cl9k Suprsme Court.
The Leavenworth weekly times., 1879-06-12
UNITED STATES COURT.

A Busy Day In that Tribunal Iester-
day Before Judge Dillon-The Re-
cord OF the Proceedings.
Yesterday WAS a busy day In the United
States Circuit Court, and great many cases
were disposed Of Judge Dillon was upon
the bench, District Judge c. q. Foster, Asso-
ciate Judge Foster rendered a decision in
the Pottawatomie land cases favorable TO the
sett ers, which decision was concurred in by
Judge Dillon.
US. ex rel, Matthew Bolles and NJ. Shep.
ard Bolles vs. Board Of Commissioners of
Labette ecounty-ContiDued.
William GoOdfeliow VS.. Joseph Muckey ct
A-JadKment for plaintiff.
u g. eX rel. Aaron Clarke va. the Board of
Commissio aers Of Marion county-Con-
tinued.
u. 8. ex rel. Milo R. Eames vs.. the Board
of Education of the city OF Chetopa-Motlou
TO Quash alternative writ Of msndamua
Joseph Campbell vs.. osweso townahip-
n =. Hobart and c. F. Condor VS. George
Brock BY consent.
H. W. King 4 Co VS. John Schlyer, snerin
of Ellis county-SAme entry.
York and the Missouri, Kansas and TeXA
RanWay-C0nttnued bv stipulation.
The Goodyear Dental Vulcanite Company
ssss s Va Welis Il bower-Rsfarred TO n.
-. a:.sy Rendsr-Report CON
jossE Bsya3nIs.s.sa ss p,a,a
The Leavenworth weekly times., 1879-06-12
The Excursion was Profitable

Despite the somewhat threatening weather
large number of persons availed themselves
of the opportunity to visit Leayenworth at a
greatly reduced rate of fare last Friday. Ev-
erything passed of pleasantly and every bod y
enjoyed themselves. The net receipts
amounted TO about $1,000.
The Leavenworth weekly times., 1879-06-12
Rapid sales.

Topeka commonwealth L.
Capt. King received $1,000 worth of the
four per cent. certificates yesterday, and a
notice was posted above the stamp window
that the office would be open for their pur-
chase from five to six o'clock 1t was fifteen
minutes past five O'Clock when they were
ready for sale, AID by six O'Clock, when the
windows were closed, the amount sold was
SO oOl
The Leavenworth weekly times., 1879-06-12

I. The law preSumeS that every man in his
private and official haIacter does his duty
until the contrary il proved.
Where Il. derives MS title To certain lot
in -aiins through "A patent OF the United
States TO the Probate Judge of saline county
To certain lands in trust for the occupants ol
the town site of Salina, according TO the re
spectlVe interests under the act Of Congress
OF May % lSii; then through deed OF the
Probate Judge Of IN same land Jointly TO r
and seven Others as the occupants Of said
town site; then through deeds of all of said
occupants hut 7. TO the SalIna Town Com
pany To +. and fiually under deed executed
by T. TO Il He'd, the p atent OF the United
states ana The Town Company deed were
properly received in ey!dencs without any
preliminary testimony OF the proceedings
upon whicn their issuance We're based, or the
org ganiz alton of the Town Company and He'd,
tnat SAID conyeyanCes show a title IN fee
simple in B.
g. Ihe owner OF land has the right to re-
deem the same from tax sale at any time
before the execution OF the tax deed, and
where a lender Is made by the owner 10 the
Treasurer Of the county where such land was
sold of the amount Of the sale aud all subse-
uuent taxes and charges thereon, with inter-
est as REQUIRED by law, prior 10 the ackDowI.
edsemeuI and delivery Of the deed: Held, If
the tax deed is acknowledged and delivered
thereafter. IL Is null and void.
All the Justices cOncurring.
A true copy. Attest: HAMM AIT,
CLERK Supreme Court
The Leavenworth weekly times., 1879-06-12
Ifis Taxable.

WAsHISGroN, June 5-The Attorney
General decides that obligations solvab.e
in merchandise and used for circulation
come 90 evidently with mischief, intended
to be remedied BY the act of February Sth,
1875, as to subject them to tax OF ten per
cent. The act provides that every person,
The Leavenworth weekly times., 1879-06-12
4 Valuable Cow Killed

lChetopa Advance, 81
A COW valued AT $50, belonging to Mr.. +. IL
Keiser living three miles southwest of town,
was killed by lightning during the storm
Friday night.
The Leavenworth weekly times., 1879-06-12
4 Tabernacle to he Erected


lEiWTrNCt StdHUtIUI
L c. Smeed. Chief Engineer OF the Kansas
Pacific hallway, is preparing plans for the
Tabernacle, TO be erected at bismarck Grove.
1t is to be octsgon shaped, l2j feet in diame-
ter and will comfortably seat two or three
thousand.
The Leavenworth weekly times., 1879-06-12

trm, association, aud every corporation,
State bank, or State banking association,
shall psE tsH Of ten per cent per annum
TO the smount Of their own notes used for
circulation ana p,id GU by them.
The Leavenworth weekly times., 1879-06-12

Lawrence Journal, 4.
The county commissioners have issued an
order for an election to be held on the 2ith
instant, in regard to compromising our coun-
,y bonded Indebtedness. The proposition 10
be voted on is whether the commissioners
shall be authorized to settle at fifty cents on
40
The Leavenworth weekly times., 1879-06-12
COMPLIMENTARY serenade.

WAsHINGroS, June 5.--A complimentary
serenade will be given Gen. Ewing io-mor-
row by his Democratic friends. He will be
introduced By S. S Cox and speeches will
be made by Senators Thurman, Pendleton
and others
The Leavenworth weekly times., 1879-06-12

!. Where by the ie ms Of q written con
tract, IL is provided that the purchase money
of certain real estate Is $50 which i TO be
paid in four annual instruments of So each,
WITH interest p ayab.e annually, previously
to the execution OF deed: Held, that the
stipuiatIous of the purchaser 10 say at times
before he is 10 have convr vance are iEdepen-
dent covenants; and, he'd, that in an action
b. fought by the vendor =gatnst the vennee
upon the first three ins5slIment~, after they
are dueand PRIOR TO the time the last Install.
ment Is uayab.e, such vendor can recover
the fuiI amount of said three iustaliments
together "a it'll ali interest due thereon; and
further he'd, that il is not necessary for the
vendor to convey, or To offer TO convey be-
fore bringing his suit.
All the Justices concurring.
4 true copy. Attest: 4. HiMMATT,
IL 81. Clerk supreme Court.
The Leavenworth weekly times., 1879-06-12

III elton Signal, 1. !

Wagon load after wagon load Of lumber
goes out of our city daily, showing that the
farmers of Jackson county are making many
improvements.
The Leavenworth weekly times., 1879-06-12
NATIONAL CAPT Al.
The Appropriation Bills VIII Prob.
ably Come up To Csy.
Tn, Signal Bureau to Inquire Into
the Causes of the ate Cyc'one
in Ksn.ias
Wade Hampton Makes Sensible,
Reasonable Speech in the
Senate.
The Fitz.John P,r,er Csc, VIII
Papers, Transmitted to Con-
gress.
The Tornado TO be investigated

WAsHISGToS, June 5-The Signal
Bureau will mske Inquiry into thu origin,
movement and eff,cts OF the recent tornado
in Kansas, Nebraska and Missouri.
The Leavenworth weekly times., 1879-06-12

On the fl st day Of June the people of Bos-
ton were trying to escape fro m pressure of
IOS degrees OF heat, while in kansas the
weather was cool.
The Leavenworth weekly times., 1879-06-12
STATEOF KANSAS,
SHAWNEE CoTNTY
!: A. HAMMATT,
Clerk supreme COur,

/, Abram aammatf, Clerk of the Supreme
Court OF the state of Kansas, do hereby certi.
fy that the foregoing is a true and correct
copy of the syllabus in each OF the above en-.
titled cases, as the same appears on file in
my office.
Witness my hand and official seal, hereto
affixed
(sEAL) At nv office in Topeka, this Sd
day of June, A. ID. 1879.
ABRAM HAMMATT,
Clerk supreme Court.
The Leavenworth weekly times., 1879-06-12

/. A notice for the purpose of commencing
au action OF fOrcib!e entry and detainer must
show clearly who claims the premises a. u j.
making the demand tut where the notice is
simple notice TO leave, and is signed by the
party VINO thereafter commences the action
and there is nothir z upon the face OF the no.
tlce, or In the signature 10 show or suggest
the contrary, the law implies from the sigma.
ture thzt the party signing Is setting ia his
own behalf and 10 assert his own nights. Al
is his notice and notice that he claims POS
session, and he alone may commence action
thereon.
All the justices coUcuTr,ng.
a true copy. Attest: -uiNMATT
IL : CLERK supreme Court.
The Leavenworth weekly times., 1879-06-12

about O'Clock in the afternoon. The loss is
a heavy one to Mrs Roy, and cripples her Sc
Vefely in her farming operations. The
neigh bors tuTned ont gene rously TO assist her
IN the cultivation OF her gro xiny Crops.
The Leavenworth weekly times., 1879-06-12

Where a private prosecutor, for the purpose
of instituting a criminal prosecution against
another person for grand larceny, makes an
afiidayit before justice of the peace, charg-
ing such other person With committing tue
crime of grand larceny by stealing steer OF
the value of SS5: and a warrant Is issued on
such affidavit and the defendant Is arrested
thereon and imprisoned; and the prosecutor
pays no further attention TO the pro ecutIon;
and the prosecution is afterwards dismissed
| and the defendant discharged; and there was
no sufficient grounds in law Tor said prose
cutiop; and afterwsId the defendant CON-
mences an action on said facts against the
prosecutor for false imprisonment, malicious
prosecution and libel: and the prosecutor
sets up as n defense 10 the action, that, at the
time said affidayit WAS made and warrant
issued, the justice of the peace, upon the
facts, decided that said de endant had COM
| tilted the crime OF larceny, and advised
that he be prosecuted therefor: He'd, That
said decision and advice OF the justice is not
a suffi cient defense TO the action.
All the justices concurriDg.
A true copy. Attest: A. MAMMATT,
l.. s Clerk of supreme Court.
The Leavenworth weekly times., 1879-06-12

| / While the declarations of q testator,
| either before or afrrI tie execution OF his
VIII, are as evidence oi external facts stated,
wnetner in support or impeachment oi tue
will, mere hear>aS, aud inhdmis>lOle- lei
wherever the mental condition OF the tesla
| tor Is "A subject Oi enquiry, ha statements
Gnd declarations are competent evidence
thereof. Therefore, where "A VIII Is charged
to have been executed through uncue IN
fluence, and the circumstances surrounding
the execution tend T. show weakness aud de-
biiity on the part of the tE statriN. and the
presence and assistance OF the prlncipdi de-
yiseeS: Held, that IL is competrn To show
that Ior years prior there had been e>trange-
ment and Ill will between the iestatriX ana
one oI such devils, e., and as evidence fsuch
enlargement and 1!l Will, 10 Introduce her
statements and declarations.
2. In an action 10 contest VIII on the
ground of undue influence, wider range of
enquiry exists than III ordinary litigation.
I he contents oi the will the extent OF the
teSiator's estate, his family and connections,
the terms upon which he stood with them,
and the claims OF psTticuiar INDIVIDUALS, The
condition and relative situation of the lega-
tees or deyiSees named, the situation OF the
te>tstor himself, and the circumstances un-
der winch the will was made, are ali proper
to he shown.
3. When a court submitting certain ques-
tion TO q jury, instructS Them II they answer
these questions in one manner, TO return a
general verdict for plaintiff, anu u IN another
To return such verdict for defendant, II i
not error when thereafter the jury return the
questions with thelf answers, out without
any general verdict, 10 direct them 10 lncor-
porate Herewith general verdict and to
state for whom the verdict should be.
"a. Where court has given in its insfruc.
lions, the legal definition OF n Certain word
or Phrase aud such word or phrase Is used
in the questions submitted and answered. IL
will be presumed that 10 was used by court
and jury with the meaning indicated by the
de fin ton.
5. Where the record shows that at tn
close Of the afternoon session, the jury hav
IL q retired for consultation. the court did not
order an adjournment, but simply took a
recess, aud al tweIVe O'Clock at night called
the jury in TO enquire II they had agresd
Withdrew one question previously submit
ted TO hem, anu again the next morning at
O'Clock, that being one hour in advance OF
the regu ar time of convening court, called
them IN, -ceived the verdict aud discharged
the Jury: Held, That though neither c'ient
nor counsel were present at O'Clock, when
the verdict was received and the jury dis.
charged, and ony the client present at II
O'Clock, yet as II dops not appear that conn.
sci were in any manner misiesd by the court,
or could not have been present at each time
the jury YVES called in, no error is shown and
none W IL be presumed.
Valentine, j., concurring.
Horton. e j., dissenting.
A true copy. Attest: 4. HAMM ATT.
IL. Clerk Supr. me urt.
The Leavenworth weekly times., 1879-06-12

No. l,ilj-E. Frank 0user vs.. 4. w. Elicit
Error from Osasc CgUnty.-AfiiTined
BY THE COURT. BgEWER L
/. Under the statutes of this State chat
tei mortgage may contain a val d stipulation
loT the Tt trntIOn OF possession by the mort
Eagpr OF the inorigaged properly: and posses.
Sion 70 retained la conformity with the terms
OF the mortgage is not. when the mortgage l.
MY nled, either per Sc fraud "a eItt, or priIa 4
Jdrte evidence OF lraud, as against editors or
subsequent purchasers,
:. " here mortgage is given on a stock
OF goods with a stipulation for possession
thereof by the mortgssor and, by X cement
outside the mortgage, the uortsagOr il per
mittet 10 continue disposing Of the goods in
the ordinary course of business, and 10 n
portion of the proceeds thereof IN the support
of his family, paying the remainder over in
discharge OF the mortgage debt, the whole
transaction is not thereby as mat er of law
rendered fraudulent anu void as against
creditors and subsequent purchasers, but
Will be upheld o. Condemned according as
the arrangement i entered into aud ca ried
out in good faith or not.
Valentine, j. concuTring.
EoFiI n, {, j. dissenting.
true copy. Attest: y. HAMMATT,
LIS CLERK Supreme COurt.
The Leavenworth weekly times., 1879-06-12
Trihute to j Judse Dillon

The following was circulated among the a
,orpeys attending United ates Circuit Cou
yesterday
WHEREAS, The Hon. John +. Dillon has
stoned from the bench oi the United Stat
circuit Court for the Eighth Judicial Circui
and inasmuch as there is no organized ass
ciaiiou of the bar of the District Of Kanss
we. the undersigned attorneys OF this Cour
voluntarily ante in a call for a meeting
IN. practical attorneys of the United STAT
Circuit Court for the District Of Kansas,
be held in the Court House on Monday, III
9Th day of June, 1873, at the hour OF the ad
,o,rnm.ut of the Court on the afternoon
that day, at which lime and place some ii
ting expression Cf the feelings of the ba
may be made in respect Of the final SEVERN
Ola relation whic ich mas been 30 pleasant an
prof alb e to us all.
Geo II Peck BE simpson,
II Hurd, laheIb
NJ Nc lnr. Jas Grant,
To- lu,npbrv d II Green,
\ Houk Chas Monroe,
" II Rossipgion, Carney,
Ino : B..sor. owen A Bsssett.
IL VI Herman, Chss Sblth,
l. SriItwet Sam1 Riggs,
W - Web J Il CLIP tIrick,
CFh D.sser 4 A Huri
W Perry Aaron > Everest
Cbas w BlaFr BP Wsggener
HoweJ 'ones CT Hutcninss
John & Douglass n Jackson
J Brumbsck W bulhrle
J - Sha'sr RtroZier
ii Miles Moore bhDs fenion
weliaca Pratt jos W Taylor
T. Beriram AGiilett
III Violin n W Johnson
q w mockS, + q HEBtis,
VIM DuuJh.Il. = l. Williams,
& NJ Foster, John 6nihrle-
ID Campbell Jnn ~ Mahan,
A Harris EFF WaIe,
Noss.
The Leavenworth weekly times., 1879-06-12

1. The plaintiff, in an action of replevin in
a Justices court, states. in his afidavit for
the order o. delivery, that he has a special
ownership in the property in controversy,
that he Is entitled TO the immediate pos
session thereof, and that the defendants
wronsfully detain the same from him and
he also states that his special ownership Is
himself and one c., giving 70 the platntin
the property 70 hold - pledge and . securi.
ty for 60 borrowed Of the plaintiff BY Q. but
owned the property, OF that he orc. ever bad
The Leavenworth weekly times., 1879-06-12

l. A retition was fled by +. against N, a.
leginy hat N. individually and ON behalf OF
the firm of U bon 4 Co, firm composed OF
o. and n. agreed for sufh-ient con,
siderat'ou TO let +. draw out six hundred and
sixty dollars in meichandis. fr. IN the N m
of o. & Co., to which agreement . & Co., for
value assented: that M. bought the interest
of % his co-partner, and became the sole pro-
priefor; that both NJ. and the trm OF q. q
Co refused TO deliver the merchandise TO r.
when demanded, under the agreement OF NJ
and q, & Co. Held, Error for the court below
10 sustain demurrer TO said petition for de-
feet OF parties, or that the petition failed 10
state facts sufficient to constitute cause oi
ac-ion a. ainst NJ.
All the Justices concurring.
A trne copy. Attest: a. HANMATT.
Isl Clerk Supreme Court.
The Leavenworth weekly times., 1879-06-12
Eastern Heat,

Wichita Beacon,
There was a light frost visible to the early
riser last Moaday morning.