davidaulloa/AmericanStories huggingface dataset:
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

1863. Asa o Reeve VS.. Patrick Downs
Error from Wyandotte county. Affirmed.
By THE COURT, BREWER, J.
1. HAT made a contract to sell to Rock &
Reeve "A certain tract of land. The terms OF
sale were one third cash and the balance in
two payments. Notes were given Tor these
payments and y bond To convey the land
upon the pay ment of the notes. The first
was paid. Thereafte' Hart endorsed the last
note TO plaintiff and conveyed TO him the
land. Pr inIif brought his action on the
note and prayed a foreclosure and sale of the
land. In the petition there was no aliega-
ton OF tender OF deed, or of any Offef or
willingness to convey. The defendant, rails
ing no question of the suffciency of the Pc
titlon by motion or demurrer answered, sd
hitting the contract substantially as averred
in the petition and that he had received pos
session of the land under the contract, and
still kept the possession, and pleading, three
special deIenses to the note, the statute of
limitations, homestead right. and release
of Rock from the contract. Upon the trial
ne objected to any testimony on the ground
tn al the petition did not state facts sufficient
tO.constitute a cause of action, though, 50 far
as the record shows, without disclosing Any
specific defect In the petition The objection
WAS overruled, the trlal proceeded with, and
plaintiff obtained Judgment on the note and
a decree Of foreclosure and sale. The testi-
mony was not preserved. Held, that no error
is shown affecting the substantial right OF
the defendant and sufficient To compel a re-
versal.
All the judges concurring.
A true copy. Attest; c. j. BROWN
L. Clerk Supreme Court.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
Twenty Fiv. Hear> old

dayton JournsLt
The Republican parry viii be tsenty-
five years old this fall, ard Ohio il expected
To make its quarter cen'-nnial a Brilliant
affair.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
send Them sDewa south.
IOmahs B e-I

II the Chinese must go we would suggest
that they be sent down to Memphis a. yell
low fever nurses A Chinaman can subsi.t
on les than any other human being, and in
visv Of the scanty supply of provisions
down there they would ill the bill better
than Whites q kac1m
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
Ionn W. Palmer, John Palmer and James W
f'umer, vs.. John l.. Waddle.
Error from Aichison county,

REVERSED.
By THE COURT: uopr,x a.
l. w mere surface water, having no def ali .
source, Is supplied from the falling rains and
tue melting snow, from a HAY region or high
biuns and owing TO the ma, ur,.i formation
OF the surf 'ce Oh Tue ground is forced TO seek
An outlet through "a gorge or ravine. sna by
It's How assumes definite or natural cham
nei, and es apes through such channel reyu
larry during the spring months of eN ery
year, and In seasons Of heavy rains, and sucn
has always been the case SO far as the menu
ory of man runs, Held, That such accustomed
channel. through which the waters flow,
may fsiriy be said 10 possess the attributes
of natural wat-rcourse.
= the owner OF land through which such a
watefcoufse runs cannot by obstructI NJ its
channel, turn the How of the water upon ad-
Jacent lands To their injury or damage.
$. where two or more persons have seps-
rate causes OF action against the same deren-
oant. arising from the obstruction Of a nat
ufaI watercourse, and the injury of their
lands and crops hereby. lh.y cannot unite
ln The same petition TO recover damages Tor
such Injuries, which are plainly distinct and
uncOnuected.
Two or more persons having separate
or uis met tracts of land, which are mi ured or
rehuersd less Valuable by the overflow of
water al certain seasons OF the year from "A
natural Watercourse. obstru cIed by bitches
anu Dams, where such oven How is "A common
injury 10 Tue lands OF bcta, may ION IN a
SUIT as Tlslntifis TO res rain such nuisance rs
sucn parties have common Interest in The
subject matter the rein.
Brewer, j., concurring.
Valentine, j., coucurring specially.
a true copy. Attest: CD. BROWN,
LIS. CLERK Supreme court.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

IN Y. Tribune
Pendleton should study the melancholy
carer of Hendricks snd reaIiz- the folly Of
berg too preyiou.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

ssns'or VOORHEES, ha. not said anything
about "Ih- strayILg ma-zrs' -inc- the bOuu-
tifui Whist harvest will the as bray
when he nAth grass"
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

In an action prosecuted under the statute
of 1874. Teiatlng 10 the Killing snd IDjuriug OF
stock In the operation OF railways, Jaws Uf
lS1i, page li3). the petition must state snow
that tine stock was killed OF injured In the
county III which the suit was commenced,
and the petition must also state or show that
the railroad was not enclosed with a goo
and lawful fence to prevent such ANIMALS
rom being on such road at the time the III u.
jury occurred.
All the Justices concurring.
A true copy. Attest: {. J. BROWN,
LIS. Clerk Supreme Court,
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

ready market this year for their surplus
products-pot at famine prices, il is true,
hut still at handsomely remuneraiive fs-
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

IN. Y. TIibune.I
The barrel rolls on, and Reform booms
like Cataract
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
Will be Able to get Remunerative
Prices.
rCipcfnnafi Gazetfel

Gloomy indeed are the crop reports from
France, England and ireland. So great has
been the damsge th.t no room is left to
hope for recovery. Fortunately the United
States will be able to supply the deficiency
in the food supply; but in calculating the
effect upon prices in this country. 1t must
be borce in mind that the hard times in
prospect in those countries will diminish
largely the capacity of the people to buy.
Already England Is suffering fson the de-
preston il bueinesa, and this IL bound to b
aeErssaAsA - - extraordinayy crop fail-
MA HsUsvsRs suR faEnsn VIII 81 q
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

MONTREAL July 2a.-The marble works
Of Henry Fonythe burned to-day. Loss
$4,000; insurance, $500
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
SUPREME COURT SYllaBI.
STATE OF KANSAS, L.
SUPREM. COURT.
HORTON, c. J.
BY THE COURT

No l,Si7-James G. Bsrnwell vs.. c. ]. Kemp
Iou-ErTor from Sedswick County-Aifirm-
cd
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

i. Where judgment creditor Of an incor
Porated company obtains from the District
Court rend, ring the Judgment in the case an
execution s2siust the property of "A stock-
boiaer vi tuci corporation, upon notice aud
motion upde section 30, chapter .. General
S'atutts, i'o- heid, mat such 5 ockhoIaer,
against whom The execution - issued 4. M,
u Juds inent debtor contemplated ny sec
Ito ioS, chapter 81, General statutes ~ AS 10
subject nun To The proceedings IN aiu OF exc
cations authorized by u at section
ALL the Justices concuuing.
A true copy. Attest: Z. j. BROWN,
Us Clerk supreme Court
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
HORTON c J..
BY THE COURT,

| No. l,i5I-Alfrad IL. Hentig vs.. Thomas NJ
| Jan---Error from shawnee ,ounty-Af.
L drma,f
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
BY THE COURT.
' ALE\TISE. j

No. ISL. NJ. Hadley VS.. the Central
Branch Union Pacific Railroad Comps
Error from Marshal County-Afiirmed
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
BY THE COURT,
BREWER, j

1863. Asa o Reeve VS.. Patrick Downs
Error from Wyandotte county. Affirmed.
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31

No. l,362-Turner & Otis VS.. Robert u. Reese
Error from Montgomery CounIy-Keversed
The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-07-31
VALENTINE, J

No. / ,49S. John Hedrick, Administrator Of
the Estate of William 4. Kirby, deceased,
vs. Peter Yount. Error from Cowiey
county. Reversed.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
FOREIGN INTELLIGENCE,

LONDON. February s. Several powerful
tugs left Queenstown last night to meet the
disabled steamer Celtic"
Capt. Allen, of ship Bridgewater, was pre-
sented with gold salver by the British gov
eminent for rescuing the crew Of ship Anglo
Saxon.
BERLIN, February s. Two thousand two
hundred Catholic ladies of the Rhine prov
inces have forwarded a petition to the emper-
or against suppression Of ursuline converts.
CAIRO, February s. The reported famine
and distress in Egypt is exaggerated.
BERLIN, February g. The lower house of
Prussian diet have read the second time the
budget for 1879, which now shows re 'enue
and expenditure balanced, each being esti-
mated at II 900, $50 marks.
conference of delegates from chambers
of commerce in different parts of German
empire have given opinion against customs
programme of Bismarck.
The federal council has adopted the parla-
mentary discipline bill as modified by the
committee.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
THE INDIANS.
Another Raid on StOckmen.
Killing, Burning and Stealing Cattle.

New YORK, February 8. Further particu-
lars of the Indian raid on stockmen in Ne
braska show that two others were killed be-
sides Moorehead and Ashbough. The Moore
head rancho, stable and wagons were burned,
and eighty cattle stolen. Two more stock
men are unaccounted for
General Crook believes the Indians are of
Little Wolfe's Cheyenncs. Both cavalry and
organized stockmen are in pursuit.
WASHINGTON, February s. The President
Saturday sent to congress the report of the
commissioner appointed to negotiate with the
Indians in Colorado for consolidation of all
Ute bands into an agency to be located on
White river, and for the determination of
their right to the southern portion of their
reservation in that State
The secretary of the interior endorses the
recommendation of the commissioner of In
dian affairs, that negotiations be ratified. In
dams relinquish right to nearly 1000, 900
acres of land reservation for their location
will contain about $50, 900 acres, and they
agree not to obstruct or interfere with travel
upon any highways in or upon their reserva-
ton.
1t is proposed that 1874 900 acres be sold,
and after dcducting expenses the receipts be
invested in four per cent. bonds as a perma-
nent fund for Indians. The residue of the
lands to be disposed of as other portion of
the public domain. Sixty-three thouaand six
hundred and eighteen dollars are proposed to
be appropriated for preliminary expenses of
sales, and S25, 900 for the removal of the In
dians to their new reservation, and for the
erection of "a suitable agency building includ-
ing residence for the agent upon the reser-
vation.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10

The National Democrat, with its usual
meanness, seeks to prejudice members of the
House against the Journal, by stating that
our report of the remarks of Mr.. Richie of
Win,erport, before the Educational Commit
tee, was intended as a slur on that gentleman.
Nothing could have been farther from our
thoughts. We have respect for Mr.. Richie
in his honest convictions, and that his remarks
had weight with the committee, was shown
by the vote on the question under discussion.
Mr.. Richie represents large class of honest
farmers and has worked industriously for
their interest during the session. Ever since
the session begun, the Democrat has been
sighting and sluring the republican and
greenback members, making fun of them
in many ways, ommitting their speeches
in itslegislative report, until they have ceased
to put any confidence in the baby organ or
regard it as authority on any matter. And
now, just as new greenback paper is to be
started, and especially while Pillsbury's con-
tract for printing is pending, the Democrat
all at once blooms out as the special champion
of the greenbackers. The guise is too thin,
too thin
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10

Nominations by tho Governor.
The following nominations have been made by the
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
The Insolvency Law.

Inc lnsOAVohcy
There were several typographical errors
in our report of the hearing on the Insolvency
Law, as published Saturday, and we repub-
lish the report, with corrections. The hear
ing was before special committee, in the
Senate chamber, Friday afternoon.
Gen. Charles Hamln of Bangor, proposed
several amendments, mostly verbal, which he
thought would make the law more clear in its
several parts. He favored following the
Massachusetts law on the subject, so far as
practicable.
Hon. s. II. Blake of Bangor appeared in
opposition to the law. He said he was
opposed to it as it was, and thought
it originated in some board of trade
in the interest of merchant creditors.
There is no provision in the law
for the discharge of a debtor except by com
position with the creditor. If we must have
an insolvent law, why not repeal this, and
enact the Massachusetts law on the subject?
He was opposed to an insolvency law of any
kind. All such laws are injurious in practice
and serve to encourage failures
Charles Mclaughlin, Esq, of Portland,
who was the author Of the law, and through
whose advocacy it was passed last winter, ap-
peared in its defence. He characterized
the old State law as grab law.
Under it, a scoundrel could send a man
to a town to set up store, loaning him
a few thousand dollars. and he will sell goods
cheaper than the town trader can buy his, for
the reason that he don't mean to pay for
them. He gets in debt some five, ten, or fif-
teen thousand dollars, then the ''scalper"
comes down, takes his goods, and the other
creditors may whistle for the amounts due
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10

them. Three-fourths Of the country traders
are honest, industrious and frugal; they have
been good citizens and will continue to be.
But they need the protection of the law.
Take away this insolvency law, and the man
who has little debt resting upon him, may
be struck down and wound up, when if let
alone he could extrcste himself. What benefit
will II be to the community to have that man
suspend business? II 1t is right for an in
solvent TO divide his assets among his credi-
tors pro rata, then you will sustain this bill.
He did not claim that the law is perfect, and
was willing to accept any amendments that
would better it.
He read letters from Hon. Nelson w. AL
drich, Providence, r. l., representative elect
to Congress Geo. w. Whitford, Esq, of Prov
idence, r. l. George Hyde, Esq, of the firm
of Hyde, Warren & Heard, Boston, and II.
X. Slayton, State Senator, Manchester, N.
Hall extensive wholesale dealers, express
ing the opinion that the law is just what is
needed by the mercantile world. In New
Hampshire, where there is no insolvent law,
and where the ''grab law" has been in force,
merchants do not care to sell goods unless
they get cash down. There will always be
failures while business is done on the credit
system, and without some such law as this.
local creditors may come in and defraud
wholesale dealers. While there might be
reasons why the lawyers would favor repeal,
he saw no reason why business men should
Without this law, the community is unpro-
tected from the depredatons of unprincipled
men. The law did not Cypress the people,
and they do not ask for its repeal. In speak
ing of the remarks of Mr.. Blake, Mr.. Nc
Laughlin might have made very forcible
personal illustration of some of his points
had he known Gen Hamlins estimate of a
certain Shylock. Mr.. McLaughlin's remarks
were plain and practical, and evidently had
great weight with the committee.
Hon. l.. G. Downcs Of Calais, said that in
his outlying county, insolvent estates were
generally settled by the assignment laws but
he thought it just the thing for the honest
creditor and debtor.
The committee then decided, by unani-
nous vote to report in favor of retaining the
law, with such amendments as may be pre-
sented at the next meeting of the committee,
this Monday evening.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
MURDER IN PORTSMOUTH, N. IL.
A Negro Woman Killed with Stick of
Wood.
4 MYSTERIOUS AFFAIR.
A Horrible Sight--The Face Eaten by
Cats.

| PORTSMOUTH, February9. Saturday after
noon about four o'clock, the body of Mrs.
Elizabeth Washington, respected colored
woman, Familiarity known as Madame Wash
ington, was discovered living on the floor of
her house, having probably been. dead twenty
four houss. The last seen of her was Thurs
day evening when she entertained company.
She had from choice resided alone about for
ty years.
When found the body was face down, with
a stick of wood near her head, which was
covered with blood. The floor was also
blood stained, while a short distance off was
c mans necktie.
Under these circumstances, Mayor Siss
deemed an inquest necessary. Accordingly
Coroner Whittier convened jury, who pro-
ceeded to the premises.
The exposed side of the face presented
horrible sight, the flesh having been eaten
clear to the bones, while the nose was entire
ly gone and part of the tongue. This mutt
lati"n probably was the work of pet cats
which the deceased had, the felines scamper-
ing wnen the door was opened The house
presented an exceedingly disordered appear
ance. There was no evidence of a struggle.
The woman, who had been member of the
Epigcopal church, is believed to be over so
years old, and exceedingly active for her age.
She for years had been aided by that parish
in this city, and charitable institions gener-
ally.
The inspection of the premises revealed
large quantities of provisio and fuel care
fully slowed away, a bank book on the Ports
mouth saving bank, deeds, gold and silver
coin and scrip amounting 10 quite n large
sum. There were found over fifty dresses, in
Guiding silks, large quantities of fine undr-
clothing, new table linen, an dgold watches.
Two complete and valuable sets of crockery
of extreme rarity, were brought to light
The jury after viewing the body and prem
ises, adjourned until Monday evening. The
remains in the meantime awaits the action Of
the relatives, of whom there are believed to
be two only who reside somewhere in Mass
a. husetts.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10

clear that McLin was influenced In his action
by the hope of Officer
Al swear so to the best of my recollsc-
ton. believe shall be just to every one
in this examination, and shall protect myself
fully without going into matters connected
with my family relations.
Hiscock further cross-examinsd Tilden to
find out who gave him information that the
returning boards of South Carolina or Flori-
da were for sale, but Tilden would not tell
the name Of his informant.
Further cross examination by Hiscock de-
veloped no new points.
Mr.. Tilden retired and Mr.. L. L. Pars then
took the stand.
When the examination of Tilden was cor
cluded the chairman facetiously remarked,
well, as returning boards we're for sale,
perhaps it is fair to conclude that the success
full party were purchasers" Laughter.l
Mr.. Reed quickly objected to the remark,
and at his request the remark was withdrawn
amid much merriment
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
MAINE NEWS BY TELEGRAPH.
The Conspiracy Case.

PORTLAND, February 8. In the United
States district court at 100 Saturday, Judge
Fox came into court and sentenced John o.
Winship, lawyer, of Portland, and Geo. W.
SWEET, postmaster of Windham, for conspira-
cy to defraud creditors in BANKRUPTCY proceed
made brief and dignifed disclaimer of guilt
acknowledged the excellent conduct of his
case by his counsel, and appealed earnestly
for SWEET, who is a one-egged soldier, and
his aged mother, his wife and children who
will be left destitute. He made no appeal for
himself. Judge Fox reflected with severity
upon such conduct from an attorney practic.
ing in this court and awarded to each prison
er fine of one thousand dollars and one
year in county Jail.
Marine News.
BALTIMORE, February 8. The schooner
Martha Sargent from Belfast, Me-, for Bal,i-
timore, with potatoes, was cut through cap
sized and sunk by ice off Bodkin Point,
Chesapeake bay, yesterday.
Missing.
LEWISTON, February s. Charles II. Web
Der, of Saco, who was indicted for adultery.
had his bail defaulted to-day TWAS suggest
ed that he had lef, the State
Steamer Cleared.
PORTLAND, February $. The steamship
Texas cleared fer Glasgow this afternoon and
will sail tonight.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-02-10
THE EASTERN QUESTION.
Definite Treaty Of Peace Signed by ths
Turkish and Russian Ofi3clals.
THE RUSSIANS EVACUTZNG TURK.
ISL TERRITORY
Engla id Concluded a Convention.

CoSsTASTIsorLE, February 8. Carsthe-
doid Pasha and Ali Pasha, and Prince Labsn-
off, ussian ambassador, this evening signed
the treaty of peace.
Russians will commence the evacuation Of
Turkish territory tomorrow, and completes In
thirty-five days.
Podgoritza was surrendered yesterday to
the Mendengrins, who have evacuated Turk
ish localities.
Serbia, February 8. Flags are flying In
honor of the treaty Of peace.
CErrINJ, February s. Montenegrins oc-
cupied posts of Spur and Velibrado to-day,
unopaosed. They have evacuated Bojano
district.
CoxsrAxTrNorLs, February 8. England
has concluded convention with Turkey pur-
chasing State domains in Cyprus with excep-
ton of sultan's private estates.
consul Hap has represented to the porte
the inconvenience of replacing the Ottoman
minister at Washington by charge d'afnairs.