davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
One More Juror.

The Ramsey county district court had a
highly interesting and exciting day of it yes
terday in endeavoring TO get a jury in the
Martin murder trial. Judge Wikin presided
with the patience that alwa S charaeterizes
him on the bench, and witnessed the indus
trous efforts of three or four lawyers to fluid
out some one or more among the fifty people
that had been summoned by the venire TO ap-
pear who knew little enough about the case
to serve on the jury. They were not success
full, as nearly every individual summoned
had read the full particulars of the tragedy
at the time it occurred. Only one person out
of the fifty summoned, w. c. futile, had not
read the particulars, and he was the only one
accepted. This one makes five in all.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
VanderhOOf,S Case.
Special to the Globe.

Special to the Globe.
WASHINGTON, Dec. 22.-The papers relating
to the pardon Of Doug Vanderhoof, who en-
bezzled $4,000 from the First National bank
of ST. Paul in 1885, have been in the presi-
dent 5 hands several weeks. During the last
week he has granted five pardons. three of
which are IN milar causes to that of Van
derhOof. This fact causes the friends of
Vanderhoof here TO believe the action in his
case, when it comes, will be favorable. There
is likely to be delay, as strong protests have
been made from bank authorities who think
Vanderhoof should pay the full penalty III
ficted for his crime. The case is one Pc
culiarly pitiful and the president and his
wife, who nowadays enjoy the privilege of
going over pardon cases, are likely to see
their duty in the direction of clemency.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Ann Coylan ct al, appellants, vs.. Thomas
Grace ct al. respondents.

Ann Coylan ct al, appellants, vs.. Thomas
Grace ct al. respondents.
Syllabus The issue being as to whether certain
alleged deeds conveying (through an Interme-
diate grantee) the title OF land from wife to her
husband, had ever in fact been executed and de-
livered, both husband and wife having since de-
ceased, ev dence that the consideration for the
orig nal conveyance OF the property to the wife
was pa by the husband, although n IT admissi-
bic TO prove any RESULT g trust IN favor of
the husband, is competent as corroborat4ve tact
ebsog transfer hw Of the latter en
When offer of testimony is made 1t must be
full enough TO enable the court to that it is
mater al following former cases) The declara-
ton of party to be admissible as a part of the
res gestue neusO be contemp0raneOus W. tn or at
least connected with the main Q t in issue as
to constitute part OF the transaction, and thus
derive credit from the main fact or act itself to
exp n or characterize which Il is offered in evil
dence. 1t is not nece .ry that grantor should
actually write his signature to deed with his
own hand. 1t is sufficient if written by the grant
or's authority or adopted by him as h signature
To pass the title it is not necessary that a deed
should be Witnessed 1t is the gnature and seal
ing that const tutes an instrument deed,
following Morton VS.. Leland, % Mimi 80. If deed
after it is signed and acknowledged, was disposed
of as to evince clearly the attention OF the
parties that it should take effect as a conveyance,
it is sufficient delivery. The facts to be found
By the court are the ultimate facts forming the
issue presented by the pleadngs, AMI not those
merely evident arg of them. Neither evidence,
argument comment have any legitimate pace
in finding of fact Findings are sufficient if they
cover al the issues made by the pleadings. and
are sufficient as a foundation for a judgment and
the court is not required to set forth or expla n
the means or process by which he arrived at ~ h
finding. Order affirmed. MITCHELL, j.
YESTERDAYS CASES.
The following cases were argued and sub
mItted:
Willvs G.. Peck and WHY'S B. Peck, respond
ents VS.. The Superior Short Line Railway
Company, appellant.
P. j. Bowlin, respondent, VS.. The Heckla
Fire Insurance Company, appellant.
William F. Thompson, appellant, vs.. Pho
neer Press Company, respondent.
Thomas f. Frawley. respondent, VS.. George
W. Hoverter, John B. HOverter, Henry H.
Kreider aud Cornelius Smith ct al, appel
lantS.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
20 the Farmers, Congress-.

Gov. Hubbard yesterday appointed as dele
gates TO the adjourned session of the Farmers
congress to be held in Wa shington, D. c., on
Jan. IL, the following geutlemen; Springer
Harbaugh, ST. Paul: Joseph Bookwalter, Ver-
non Centre; E. d. Childs, Carman, Polk
county: George W. Sprague, Prosper; J. b.
Powers. W, H. Fisher, st. Paul; a. L. Brad
ford, Pennington; d. B. Searle, st. Cloud;
Lyman Loring, Moorhead; Col. S. E. Adams,
A. Marsh, Henry F. Brown, Minneapolis;
Gen. LIE Dine Hastings
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Arson L. Keys, respondent, VS.. The Mime
apolis s. St. Louis Railway Company, sp-

pGIduIS.
Syllabus-When d case has been tried By the
parties and submitted to the jury by the court
without objection upon a certa construction of
the pleadihgs such construction will be conclusive
on the parties. Under the statute (Gen. st. 1873,
CHI. Is, see. 80 publ C highway can be vacated
only by an order gned it has force or effect as
order. In an act on for personal injuries the
mental anguish suffering which can be proven
is OnlT such as is endured by the plaintiff a d.
rect consequence OF the personal injury to him
self Anxiety OF mind about the safety of others
who may be IN danger of injury from the same
cause cannot be considered. But held in this
case that the admission of such evidence
error without rejudice, and in action Tor
injury 10 a span of horses which rendered them
unfit for use for a time, the owners may recover
for the permanent diminution in the market. and
in addition thereto such expenses he incurred
in reasonable attempts to effect cure, and also
reasonable compensation for the loss of the of
the horses while under treatment; prov ded the
whole damages do not exceed the original value
of the property Order affirmed.
MITCJEIT,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

At the old established Washington mar
ket. 3S1 Robert street, G. W. Wentworth
is exhibiting his choice Christmas meats,
poultry. etc. 1t makes splendid showing,
and those who love extra beef, tender tur-
key and all that is best in the meat market
line should look in and see his selections
for this joyous season. He takes special
pride in showing the quarters of dozen
young, heavy and notably line steers.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
THE SUPREME COURT.
About a Dozen Dictums From the
Highest state Court.

The following decisions by the supreme
court were handed down yesterday:
Anna Selma Oswald, respondent, VS.. Jacob
NJ Fralenburg, Wallace Warner and Mich
ael Fink (Wallace Warner and Michael
Fink. appellants.
Held that upon the facts found the efeudants
were guarantors for the original lessee. The as
signment of lease by the lessee with the assent
of the lessor does not affect impair the liability
of the lessee in his covenants to pay the rent
and hence will not release his guarantor from
liability for default in the payment of rent SUBJ
sequent to such assignment. MITCHELL, j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

The Gettysburg panorama presents one of
the most vivid and accurate portrayals of a
great battle ever shown. 1t is realistic to
the last degree. Old soldiers stand and
view it for hours apparently unmindful of
their surroundings. The young look upon
the scene with wonder and surprise. The
old view it through tears that well up from
memories OF days long gone by.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
More EXPERIMENTATION Charged.

The railroad commissioners were visited
yesterday by a committee of the Mankato
board of trade, which presented complaint
against the three railroad companies entering
that city, viz: The Omaha, the Chicago 4
Northwestern and the Minneapolis & St.
Louis. The complaint charges discrimination
in rates in favor of Chicago and Lake Michi-
gan points and against st Paul and Mime
aDOljS
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
John B. Mueller ct al, appellant, VS.. William
II. Fruen. res pOndent.

Syllabus-By analogy the statute of limitation,
with regard TO actions for the recovery of real
property, of which the owner is dissiezed will in
the absen Of any special statute on the subject,
apply equally to seBents adversely used. Hence,
to acquire ght by prescription TO flow the lands of
another there must be twenty years uninterrupted
adverse user or enjoyment. Mere delay COM
mencing suit or even acquescence III the act of
the defendant (unless under circumstances that
would create an equitable estoppe) short of the
period of twenty years necessary to give defend
ant right by prescription to flow plaintiffs lands.
will not oar his right OF act On TO abate a dam
causing an overflow an existing nuisance.
Order reversed. MITCHELL, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Senator Mcmillan.
Snnnial tn the Glnha

WASHINGToS, Dec. Ex-senator Mcmillan
leaves in the morning for ST. Paul. He has
had his hopes brushed up good deal in the
lastfew days. He speaks freely about sena-
torial affairs and does not think yet that Gov.
Davis is as sure as every body has said he is
to be elected. Several votes that are quoted
for Davis, the senator believes are not to be
counted on after the first ballot. The sena-
tor does not believe Davis has even the forty
three votes claimed by his friends, and they
are claiming all they can. While Judge Nc
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
The Two Gentlemen

That saw the assault of the two policemen
at the corner of Sixth and Jackson streets
at $3.50 a. m, Dec. %, 1856. are wanted
Immediately. Please call at office of Otto
K. Sauer. attorney at law. southwest corner
of Third and Robert streets.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

that the effect of it merely TO fix the measure
OF damages in case of the breach of the contract
of bailment; that the default meant was
breach of legal duty, hence anything which would
excuse the receiptor from delivering the property
would exempt him from liability TO pay the stipu-
lated measure of damages. Judgement affirmed.
MITCHELL j.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
The Great War icrure

The Battle of Gettysburg is drawing
crowds daily at Sixth and st. Peter streets.
The First Minnesota, led by Col. Colvll.
is so life-like that faces of scores of the men
may be readily recognized. Don't fail to
see it.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

Las Amegas. Las Amegas. Las Amegas,
the most popular brand of the day. Yer
planck Bros. sell them.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

What is a nicer present to gentleman
friend than box Of Tie cigars? Verplanek
Bros have large stock of choice brands
and sell them cheap. Corner Seventh and
Robert -
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Tonight. 1.-The Drum Majors Daughter, -

Cigar~ and SmOker>' Presents.
All should see Adam Fetsch's large stock
of holiday goods. Third and Jackson.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

See the new opera, Drum Majors
Daughter" at the Grand tonight.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
MITCHELL, ].
Amelia Wagner. appellant, VS.. Frank wag-
nPF resi- OndR0t

syIlabus-If, in action by the wife for
divorce from the bonds of matrlmony on
the ground of cruel and iuhuman treat
ment. the court may grant a separa-
ton from bed and board f the evidence warrants
ii and the plaintiff asks for it. A judgment upon
the merits against the wife in action for abso-
lutte divorce on the ground of cruel and inhuman
treatment, bar to any subsequent act on by
her for limited divorce upon the same grounds
A malicious and groundiess charge of adultery
made he husband against the fe may con-
stitute cruel and inhuman treatment within the
meant z of the statute. In an action for divorce
this court has the power, upon proper showing
to require the husband to pay to the wife such
sum may be necessary to enable her to prose-
cute or defend an appeal in this court Order de-
nying new trial reversed MITCHELL, J.
Lorain Mason. appellant, VS.. Leonard Aldrich,
respondent.
Syllabus-PropertT levied upon by the sheriff
as The property of the defendant in the writ was
delivered to a third person. who executed there
for the following accountable receipt: Received
from the said SHERIFF the goods and chattels
above mentioned (those levied on), which prom
Use TO deliver to h IN at any time he may demand
the same or in default thereof do hereby agree
with him to pay him the amount of the above
mentioned debt (amount called for by the VIZ q
as the same is above spec fed. together with
costs, fees and interest thereon"
Held that this amounted merely TO a contract
of baiment tor the safe keeping and return of the
property, and that the releiptor might be re-
iieved from liability for the non-delivery of the
property BY proof tlat, at the time of the levy,
it did not b. 10 lg TO the debtor. but to another
person into wa Sc possess on IL had since gone.
That the last claus of the receipt did not amount
70 an absolute undertaking. to pay the de0t in
case of non'delivery of the prop erty in facti
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Horatio B. Osgood g. Co., appellant, VS.. D. R.
Sutherland \ Co. respondents.

Syllabus-1he effect of failure to give notice
of the returns of deposition is not to render it
inadm ssible, but simply 10 leave the adverse
parts at Liberty to make at the trial al objections
to IFS introduction which he could have made
upon motion to suppress following Touire VS..
Pullman 80 n. w. reports l7), Russell vs..
Higbee." appeared in the action plaintiffs at
torneys and signed the summons and the COM
plant. The complaint verified by Robert D.
Russell as one of tie attorneys for plaintiff thus
showing upon its face that he was one
of the firm of Russell Higbee. The
notice of taking dispositions in the action was
signed, Robert D. Russell attorney for plaintiff -
Held. that, although Irregular, the fact that the
notice was signed by one of tae plaintiffs attor-
neys individually, instead of the firm was no
ground for excluding the deposit on The notary
who took the deposition attached to it jurat and
also certificate. The latter Immediately
below the former and on the same sheet of paper.
No jurat WIS necessary. 1t made no reference to
a seal. and the language of the certificate showed
that 1t was designed TO be under seal. Only one
seal was attached TO the paper, and that was on
the right hand margin, Immediately above the
certificate and below the jurat. Held, that upon
this state of facts that The seal vii be considered
attached to the certificate. order reversed.
MITCHELL, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Joseph H. Thompson, respondent, VS.. Row.
land C. Libby. appellaut


Syllabus-If person who has been induced by
fraud and deceit to enter INTO an executory con-
tract for the purchase of personal property, to be
delivered and pad for in the future, discovers
the fraud while the contract IS still wholly execu-
tory and yet thereafter accepts the property under
the contract and useS it, he cannot mania n an
action Tor damages for the fraud recoup then in
action aga INST him for the purchase price OF the
property. Judgment affirmed.
MITCpETT.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

Asa W. Miller, respondent, VS.. the Northern
Pacific Railroad company, appellant.
Sylabus-Held. that the evidence reasonably
tended to n oport the verdict. Evidence that on
a certain dag the timbers of a cattle yard were so
rotten that the ''eross-bars had become loose and
out of place, and that the pitt had become par
tally filled up with sand, is admissible to prove
that it was in the same defective condition the
DAY praYinus. Order affirmed. MITCHELI. ].
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Riue.RibbOned Reef,

Call at Verplancks', corner Seventh and
Robert, for your cigars.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

Feisch's aul NROrphy Cigars.
Go to Adam Fetsch's, Third and Jackson
for your Christmas cigars.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
Orion P.Ward, appellantvs. j. "A. Auderberg,


Syllabus-In an action of replevin in Justices
court, the claims of defendant for damages for
the detention Of the property during the finding
of the acton is not counter claim and therefore
requires reply. Cause remanded, with direc-
tons to grant a trial unless the defendant
RENTS part of the verdict for damages.
MITCHELL, J.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
A WouderfuI Scene.

Grand tonight, 1.-The Drum Majors
Daughter"
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

Don't let your child die of Group when
one bottle of Goes Cough Balsam will save
its life.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

What a busy time Christmas
week is. It seems as though all
the present buying was condensed,
into this one week. Our statesmen
in every department are as busy
as bees attending to the several
wants OF our many customers.
We expected just such an immense
trade as this, and prepared for it
by stocking every department
with useful and desirable articles
for Holiday Offerings. Some
specially attractive Hand Embroi-
dered Neckties, in neat boxes,
came in yesterday. Gould any,
thing be nicer for an inexpensive
gift than one Of these superb Ties?
Silk Mufflers make sensible gifts, as also
do Handkerchief, Gloves, Suspenders,
Cuffs, etc.
What can equal one Of our English
Dyed Seal Caps for an elaborate present
They cost considerable but wear forever.
Seal Gloves, Silk Umbrellas, Walking
Canes and, in fact, so many pretty and
sensible gifts that we can't begin to enum-
crate them all. Come and see for yourself.
BOYS ToBOGGAN SUITS
TOQUES, SASHES AND STOCKINGS.
MEMS TOBCGGAN SUITS.
Boston One-Price Clothing House,
Corner Third and Robert Streets. st. Paul.
JOSEPH Mickey & co.
The Finest Clothing House in the West.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23

Call at Verplancks', corner Seventh and
Robert, for your cigars.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-23
r uas nm Accident.

MILAN does not say so. it is manifest that re-
lance is felt among his friends on Demo-
cratic support
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-03-25

turers and workmsn Is only an approach
to the true sliding scale; nevertheless 1t L
a decided gain both 70 capital and labor
as It Is adopted from year to year, and
hence eliminates strikes on account OIL
wages during the year, and limits these
Interruptions from that canss 10 the yea
by negotiation as to the Justice or injus-
tice OF the scale, As this scale, however,
Is not based upon the prices actually re.
GetVed for product, but uponthe published
list Of prices which should be received in
theory, there Is not complete mutually
between the parties. In depressed times,
such as the iron industry has been pass.
ing through in recent years, enormous
concessions upon the published card prices
have been necessary TO effect sales, and
in these the Workmsn have not shared
with their employers. II, however, there
was added to the scale, even in its present
tlrm, stipulation that all cases Of differ.
ences which could not be postponed to
the end OF the year, and then considered
with the scale, should be referred TO arbi.
traion, aud that in case Of the failure Of
the owners and workmen to agree at the
yearly conference, arbitration should RlSo
be resorted to, strikes and loCkouts would
be entirely eliminated from the iron bust.
ness; and il the award OF the arbitrators
took effect from the date OF reference, the
works could run without a days inter
ruption.
THE sTEPs TOWARD PEACEFUL RELATIONS,
Dismissing, therefore, for the present
all consideration oil co operation as not be.
ing within measurable distance, believe
that the next steps in the advance toward
permanent, peaceful relations between
capital and labor are:
First; That compensation be paid the
men based upon q sliding scale in proper.
ton to the prices received Tor product,
Second: A proper organization Of the
men Of every works TO be made, by which
the natural leaders, the bsst men, will
eventually come to the front and confer
freely with the employers,
Third: Peaceful arbitration to be in all
cases resorted TO for the settlement Of diff
terenCes which the owners and the mill
committee cannot themselves adjust In
friendly conference,
Fourth; No interruption ever to occur
to the operations OF the establishment,
since the decision OF the arbitrators shall
be made to take, effect from the date OF
reference,
II these measures were adopted by an
several important advan-
tages would be gained;
First: Tho employer and employed
would simultaneously share their pros.
perity OF adversely with each other. The
scale once settled, the feeling OF antagon-
ism would be- gone, and a feeling Of
mutually would ensue. Capital and labor
would be shoulder to shoulder supporting
each other.
Second; There could be neither strike
nor lockout, since both parties had agreed
10 abide by a forthcoming decision OF dis.
puted points, Knowing that in the last
resort strangers were to be called in to de-
eide what should DO a family affair, the
cases would indeed be few which would
not be amicably adjusted by the original
parties, without calling in others to Judge
between them,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-03-25
educational.
Mt. de ChantaI Academy,
NEAR WHEELING, VIVA.
educational,

Tho thirty.eighth year Of this well.known Acad.
my, under the charge Of the Valuation Nuns,
opens on the Arst Monday Of September next, and
continues ten months
Pupils received at any time in the session,
Thoso who desire 10 place their daughters In an
institution anording exceptional advantages In
the way oil heAlthiul and delightful location, en-.
cellent board, thorough discipline and instruction
At the hands Of lifelong teachers, in every depart
aent Of female education, including the modern
languages and music, should send for catalogue
II this School. Address,
Olrectreas Of the Academy Of the Visitation,
MT. do oHANTAL,
suqb.pAw Near WheeliuR. W. Va.