davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe., 1888-05-01
State of Minnesota, respondent, VS..
NelS o. Holong. appellant,

NelS .. 1OIOng. appellant.
Syllabus-An Indictment for murder
in the first degree may allege killing to
have been done with the premeditated
design to effect the DEATH" the words
used in the statute in defining the Of
fense, instead of with malice afore-
thought" the words used in the form for
an Indictment for murder given in the
statute. The criminal code does not
repeal the provisions of sec. 3, chap. lis,
Gen. Stat. 1878. to the effect that SELL
tence of death shall not be executed
until the issuance of a warrant by the
governor directing the sheriff to execute
the sentence. Motion denied.
GIIFIII.AN C. i
St. Paul daily globe., 1888-05-01

Sell Seidenberg & Co.'S
FigarOs and Increase your sales. Will
lard S. Dennis, wholesale dealer.
St. Paul daily globe., 1888-05-01
Samuel Matthews, respondent, VI

James Mulvey ct al, appellants.
SyllabuS-A sold to B ''all the pine
timber" on certain land described, the
latter to have ''as long as he wishes to
cut the same, provided he pay the taxes
on said land" For tax becoming due
soon after the sale the land was pro-
ceeded against and sold and struck off
to the state. b afterwards applied for
an assignment of the right of the state
under the sale, paying all that the law
requires under such an application, i'll
Guiding subsequent taxes, and received
from the county auditor certificate
void on its face as all assignment.
Held that as between the parties this
operated only as payment of the taxes,
and that, as there was no demand by A
for an earlier payment, it was in time to
avoid forfeiture of the right to enter
and cut the timber. Judgment affirmed.
GuFILIAN, G. j.
St. Paul daily globe., 1888-05-01

i'll tax deed that the tax was Charge
able was not equivalent to statement
that it was delinquent, followed, and
also Sherburne VS.. Rippe, % Mimi, $40,
to the effect that recital that the tax
was due, does not show it was delin-
quent, followed. No right could be ac-
Quired by the state to land under the
judgments for taxes provided for in
chap. 135, Laws 1881, unless it was Of
fered for sale as provided in section 40.
The provisions of sec. 9 contemplate
that the land remains unsold after it
has been so offered. Judgment affirmed.
GILFIILAN, G. J.
Clarence III. George, ,et al, appellants, VS..
Joseph Conhaim, respondent.
SyllabuS-A memorandum of contract
for the sale of real estate provided for
the delivery of the deed upon receipt of
the cash payment, and 1.-The securities
for the deferred payments" without
specifying the kind or character ofythe
securities. Held that the contract was
void for uncertainty as to its terms in
this particular. Also that parol, ,9evi-
dence was not admissible to show what
securities the party intended. This
would be evidence not to apply the
terms used OF to identify the subject
matter of the contract, but to prove the
terms of the sale. A purchaser is not
required to accept conveyance from a
third party, but only from the vendor,
and has right to insist on a perfect
title Of record in such vendor at the
time of the delivery of the deed. Order
affirmed. MITCHELL, j.
St. Paul daily globe., 1888-05-01

Charles Feikart, appellant, VS.. Alonzo
Wilson, respondent.
SyllabuS-An affidavit upon which to
serve the summons by publication in an
action against nonresident must state
positively, and not on information and
belief, that the defendant has property
within this state. Order affirmed.
GILFuLAN. G.. T.
St. Paul daily globe., 1888-05-01

to work over time, provided the work
was completed before May 1. This en-
abled the Plymouth to open promptly
on time, and is greatly appreciated.
THE PLYMOUTH CLOTHING House.
St. Paul daily globe., 1888-05-01

nrL who wash or cook or iron
GI{1S Should advertise and get the hsSin'.
St. Paul daily globe., 1888-05-01
F. B. King, appellant, VS.. w. W. Hart
ley aud Charles +. Kindred, respond

Syllabus Facts found showing only
that the defendant is the present owner
of the legal title, with the right of pos
session, held not to warrant Judgment
barring all claimsof plaintiff to the land
in question. Judgment modified accord
ingly. VANDERBURGH, j. .
St. Paul daily globe., 1888-05-01
Other decisions were handed down as

Other decisions were handed down as
follows:
Karen Marie Frederickson, respondent,
VS.. The Singer Manufacturing Com
pany, appellant.
SyllabuS-Certain assignments of
cheney. following Wilson VS.. Insurance
Company, 36th Mimi, 112, and Duncan
VS.. kohler, Saith n. w. Rep, 594.
In an instrument whereby plaintiffs
husband leased of defendants corpora
tion sewing machine, there was clause
providing that in case he defaulted in
payments said defendant or its agent
might with or without process of law.
take actual possession thereof; and for
that purpose. or to search for the same,
may enter any premises of mine,
or to which | may have access, using
such force as may be necessary" held
not to authorize an assault by one of
defendants agents upon plaintiff and
the use of physical power to hold and
restrain her, while another agent re-
moved the machine from the lessee's
dwelling. The evidence in the case ex-
amined and held sufficient to Justify the
verdict. Order affirmed.
CoLLINs,J.
A. F. SwanStrOm, respondent, VS.. j. w.
Marvin, appellant.
Syllabus-Upon an application to va
cate a Judgment based upon an affida-
Wit the essential parts of which are
met ana contradicted, it is not an abuse
of discretion for the court to refuse the
relief asked. A second application for
such relief, founded upon facts which
were known or should have been known
to the party when making the first,
should not be considered by the court
When the court at trial ordered judg-
ment, but 0mitS to make and file find
ingS of fact and conclusions of law as
prescribed by statute, such findings and
conclusions may be made and filed by
the court, after Judgment nunc pro
tune. Judgment affirmed.
COLLINS, j.
Anton Knoblauch, appellant, VS.. Abbie
Crossman and Elizabeth Z. Foglesong.
respondents.
Syllabus-Rule that it is not COM
petent to prove contempOraneous
parol tagreement to vary the
effect of blank Endorsement Of ne
gOtiable promissory note adhered to.
Order reversed. GILFIILAN, c. j.
Lucy d. Wakefield ct AL, appellants,
VS.. Zelora E. Brown ct al, respond
ents.
Syllabus-The time during which a
judgment creditor was, upon the mo-
ton of the judgment debtor, enjoined
by the court from enforcing his judg-
ment by execution is to be excluded
from the computation of the five years
after entry of Judgment allowed for en-
forcing the same by Revised Statutes
1851, chapter IL, section so, as amended
by General Laws Of 1852. chapter ~.
If the true owner of land is the person
who in fact executed and delivered a
deed of conveyance, it will be etfectual,
as between the grantor and grantee, to
convey the title, although the grantor
executed it under an assumed name, or
the scrivener who drew the deed made
mistake in his Christian name. Evil
dence aliunde, the instrument is adj
missible to identify the actual grantor.
Judgment affirmed. MITCHELL, j.
John L. Gilfillan, respondent, VS.. Jesse
B. ChattertoD. appellant.
Syllabus-A tax deed under the law
prior to 1874, in order to be valid on its
face, must state in some form that the
tax was delinquent. Shelley VS.. Kinds.
81 Mimi, 259, to the effect that recital
St. Paul daily globe., 1888-05-01
A. F. Swanstrom, respondent, VS.. j. w
Marvin, anpellant.
Anton Knoblauch, appellant, VS.. Abbie

Anton Knoblauch, appellant, vs.. Abbie
Crossman and Elizabeth E. Foglesong.
respondents.
Syllabus-Rule that it is not COM
petent to prove contemporaneouS
parol tagreement to vary the
effect of blank Endorsement Of ne
gotiable promissory note adhered to.
Order reversed. GILFILAN, c. j.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
Deceiying Their Father.

"Do you want to see neat gamer
Then watch the three girls. sitting with
their father in the fifth pew of the mid
die aisle" said the tenor of a fashionable
uptown church to reporter who was
paving him visit in the choir during
Sunday morning service.
The reporter fixed his eyes on the men
toned pew. The father seemed to be a
prosperous banker or merchant, aportly,
eray-whiskered, red faced man, evident
" somewhat OF o martinez. AS tho
deacon approached with the con,ribu.
tion box the parent drew fat wallet
from his inside pocket, opened 1t ana
pompously handed each OF his daugnters
bank note.
He gives them tenner apiece"
whispered the chorister: $50,
Each girl as she received her bill
crumpled 1t carelessly in her right hand
and became absorbed in the hymn1ai
again. which was held in both hands.
When the silver salver was handed into
their pew the father dropped his contri-
button in with placid air ana tnen
passed the plate along to his oauShte[s.
Each took Ter left hand from her book,
dropped a crumpled bill into the repos-
itory. and the plate was handed back to
the waiting deacon. .r
W "A clever idea," said the tenor. each
o;rl drons a dollar bill on with her left
hand and holds out ten with her right
hand. 1t seems that the young misses
have to resort to sharp devices at times
to raise money for matinee tickets and
hon bons Chicago Mail.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
Doctors on Beer-Drinking.

J. H. D., Concord, N. H.: "Have you any
testimony Of physicians as to the effects OF
beer?"
Not long ago Mr.. D. R. Locke. of the
Toledo Blade, interviewed ten of the prlnci-
pal physicians of that notoriously beer
DR.. S. H Bergen, of thirty five years prac-
tice, said: at kills quicker than any other
liquor. Pneumonia, pleurisy. fever, etc,
have first mortgage on the beer.drinker."
DR.. S. S. Thorne: SIN regard to surgical
operations every physician breads to have
anything to do with beer-drinkers. 1t is
dangerous for beer.drinker to even cut his
finger"
Dr. NJ H. Parmalee: "Beer is worse than
whisky, the hops contained in the beer pro
ducing congestion Of the liver, dyspepsia anG
kindred diseases. Habitual beer-drinkers
seem to have no constitutional power to re-
siSt disease
Dr. W. T. Ridenour: "Beer-drinkers are
very liable to die of pneumonia, and when a
confirmed beer-drinker takes pneumonia he
dies"
DR.. S. S. Lungren: Every part Of the
body of a confirmed beer-drinker becomes
loaded down with morbid and poisonous mat
tel, and every part will soon fall into ruin aid
decay
Dr. J. T. Woods: "Lager beer, if used a.
all, should be used as medicine, as ipecac
quinine, rhubarb and strychnine,"
Dr. e. A. Kirkley: There is no NOR
fruitful source of Bright's disease than bee,
drinking The evil effects are not confin"r
to the consumers of the beverage, but A.
transmitted to their offspring"
DR.. 6. w. Chapman: II regard beer rs
harmful as ardent spirits, brandy and whlS
ky, as it produces fatty degeneration of th'
heart, liver and kidneys"
Dr. G. A. Collamore: "Beer-drinking pro
duces morbid effect upon the heart, lungs
brain, stomach, liver and kidneys. The brain
is kept in hypere1nic condition which pr, .
vents normal cerebration or the accurate us
of the mental faculties"
DR.. W. H. Mays, Superintendent of tho
Stockton, Ia, Insane Asylum, in his mint
biennial report to the State Board Of Health
has the following on beer-drinking: Moth
ing will lower the vital forces so steadily an
surely, nothing will degenerate the organic
tissues so rapidly as the use of beer every
day, and year after year. 1t coarsens man
in appearance, in morals, in mental fibre, il
physical constitution. 1t is more productive
Of brutality, sensualsm and the lower form
of crime than is whisky drinking. 1t is tbt
beverage of the Bill Sykes, Of the vulgar fuf-
fan, the bestial tramp"
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
Notices.

Sometimes the best things are the COM
monest, and so it is with notices We may
look upon them as they hang upon our walls
as mere every day words without any appar-
ent meaning to US, until, in the providence
Of God, they become messengers as well as
notices.
In the room of dear young man one Of
Gods children, hung the words: "God is
Love" placed by his own hands. From his
earliest boyhood that God had been his God,
and was so even unto death. Almost before
he knew it, he was fashioning his life after
the Master, being in the light he so well
understood the light; and though in Gods
mercy many burdens had been placed upon
him, they seemed but to increase his faith in
Gods truthfulness and love. And so, day by
day, this little motto became his watchword
and his guide.
By O mysterious providence this dear
youth was called in an instant from time to
eternity, leaving the sweet record of life,
though short one, filed to the full with
good deeds, not the least Of which was to
bring the mother over whom he had most
tenderly watched and to whom he had be-
come strong staff and a pure support, to
the foot of the cross with him, earnestly de-
string that she might find in every changing
vicissitude Of life that never-failing strength
and comfort which can be found alone in
almost alone in the world, without support,
entirely thrown upon Gods mercy, then my
motto became at once messenger, 1.-THE
Lord will provide d" telling me that whatever
He may take from our earthly life, He al
ways gives us himself in its place, and that In
him ''does all fulness dwell" Though many
months have passed since this bright
light went out of my life, and though of my
self could not have groped my way, there
$bo4T
the hand Of God directing my steps, supply
ing all my wants, and as my faith and my
trust have grown stronger day by day, so
have my blessings increased.
When we earnestly fix our eyes upward,
whether we see the way or not, we cannot
doubt very much that we are going right,
let the path be ever so steep. Our troubles
are all sent for our good, to teach us reliance
upon our Heavenly Father - that same
Father who feeds even the birds Of the air,
and who will never lose sight Of his children
who put their trust In him.
Out Of this motto has come life OF trust.
Often in doubt and perplexity, my eye has
rested upon those words, and they have
given me fresh courage to fight the battle Of
life. wish could impart TO any doubling,
sorrowing mind the strength have received
and the lesson I have learned from these
words of promise If life looks dark to you,
my brother, my sister, walk on without one
wavering step, no matter what the sorrow
here, remembering that the Heavenly man,
sions are preparing a crown of glory for all
those who put their trust in God. Be sure
that he never fails to keep his promises to his
children, and hang upon your wall some
words that, day by day, may remind you OF
your Fathers love and ever-watchful care.
oGod's love and promises are very sure."-
IN. Y. Observer.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
The Biggest Woman Yet.

Maggie Hazleton, &C. year-old maid'
en-, who is said to be the hea7iest girl in
the world, is on exhibition in dime mu.
scum. Maggie was born in Trenton, N.
j., and since she was IA years old has
never before been out of that city. Shd
was never on exhibition before, and her
family were opposed to her engagement.
Maggie thought she should do some
thing for herself, and her family finally
consented. A special car had been
chartered in Trenton, but it was found
that Maggie was too big to pass through
the door. Fully 1000 people accom-
panied Maggie to the depot to see her
off, and every one had some way to sug-
gest to get her into the car. The museum
agent glanced at his watch, and found
that he had but few minutes to spare.
He held q consultation with Station
Agent Oliver and Baggage Master Jen-
kins, and smile spread over his face.
After whispering few words to Mag
gie's mother and sister, he rushed to the
telegraph Office. In few minutes one
of the new Eastlake cars was backed up
to the platform. Maggie looked at the
platform and said with laugh:
II can't get in there; get baggage
car"
A car belonging to the Adams Express
Company was quickly attached, and q
stage composed of boxes and trucks was
built to make an easy ascent. A car
penter sawed q three-inch plank in
two and made seat for the gigantic
woman. All this time the crowd cheered
and guyed the railroad men. Maggie
watched the preparations with interest,
and laughed at the nervous way in which
the officials worked. When the staging
was completed she walked through the
side door and into the baggage car and
sat on the rough seat.
"Don't you think l might squeeze
through the end door if I went through
sideways2" she asked the agent
Il wish you could," he replied.
"Won't you please try it2" - o1
After several attempts she managed to
get through the side door and into the
passenger car. Two seats were taken up
by her, and she complained of being
cramped. When the train arrived at the
Broad street station, in Philadelphis,
there was a big crowd to. receive her.
After considerable difficulty she was as
sisted from the platform and walked to
the baggage elevator. She was taken to
the Market street entrance, where large
furniture van was waiting to receive her.
She was assisted to her chair in the van,
and taken to her boarding house oppo-
site the museum. .
Maggie weighs 967 pounds, and ls FIVE
feet four and three-quarter inches in
height Her waist measures ninety y-eight
inches in circumference, and her arm
thirty-eight inches. She sits in chair
made especially for her, and is accom-
panied by her mother and sister. In spite
of her immense size Maggie is said to
have very small appetite. -BrooEyn
Hitizeu ' "-..
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
A Great Error.

DR.. Rush says, III his Medical Enquirer:
"Ihere can not be a greater error than to
suppose that spirituous liquors lessen the
effects of cold on the body. On the contrary,
they always render the body more liable to
be affected and injured by cold. The tenn
porary warmth they produce is always sue
cee'led by chiliness."
vessel was wrecked on an island off the coast
of Massachusetts, There were seven persons
on board. Five of them resolved to quit the
slip during the night, and seek shelter on
shore. To prepare tor the attempt, four of
them drank quantity of spirits, and the
fifth drank none. They leaped into the
water: one was drowned before reaching the
shore, the other four came to land, and, in
deep snow and piercing cold, directed their
course to a distant light. Ali that drank
spirits failed, and stopped and froZe, one
after another; the man that drank none
reached the house, and about two years ago
was still aliyen
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
A Grim Eskimo Joke.

There was another episode which those
peculiar people seemed to consider as
huge joke, which I will explain as briefly
as possible to show what the native peo-
pie consider as funny in the frigid zones,
saws Lieutenant Schwatka in Woman.
One of the Eskimo men had painfully
dlsfgurcd face, to which he pointed so
often that one of the party was finally led
to ask him the cause. He most cheerfully
assented to explain, amid the grins and
suppressed laughter of the Others. When
he was young boy he was one of small
band of natives that came upon the re-
mains of Sir John Franklin's unfortunate
parties, that had starved to death, and
they found many curious things among
the scattered material at the site of the
sad scene.
One, which immediate took his boyish
eve, was red fattened can that he
found full of ''black sand," as. he ex-
pressed it. The "black sand" was of no
possible use to him, and on the first oc-
casion he had to utilize the can, which
was one winter evening when he was sit
ting by the lamp in his snow house, he
poured the useless material out on the
platform of anew that held the lamp,
and in doing so some of it splashed in.
the flame. There. was an instantaneous
explosion, which he tried to explain by
yelling 'boom" until I thought the top
of nv head had been knocked off, and
when some of the shock had passed away
he found that the top of his snow hut
had disappeared in the dark night, the
stone lamp was broken into pieces, and
the kitchen utensils and parlor furniture
oil mixed up.
He was a medicine man OF the tribe
that is, one supposed to cure sickness ty
magic, incantations, etc.-and at the
time the powder can exploded apatient
was visiting him, who disappeared IN the
confusion, and his whereabouts was not
known for a month or two afterwsrd,
when he turned up in another tribe
farther south, whose doctors, he claimed,
were not of such pyrotechnic school OF
medicine.
The medicine man said that his own
nervous system was badly shattered for
long time, and his hands and face were
fearfully SCARED as evidence of his story,
but if his appetite was at all injured ne
had more than recovered, for he was the
most enormous eater, savage or civilized,
that ever saw in my life. and could
easily dispose of reindeer ham at a
lunch~ whenever he came around to re-
peat his story, which was altogether too
frequent; but we luckily found good
plan of ridding ourselves Of him by the
apparent careless handling of q powder
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
Drink Legislation in Austria.

The Austrian Government have,it is stated,
introduced into the Reichsrath strong
measure for the prevention of drunkenness.
The reason alleged is the alarming deteriora-
ton in the physique Of young men enrolled for
military service, owing TO the spread Of
spirit drink among the humber classes. 1t
will be interesting to see if the provisions, OF
this measure are accepted. They would be
difficult to carry in this country. where free
dom even to get drunk is still iealously
guarded. Spirit shops are to be closed at
five OH Saturday afternoon, and to remain SO
till five on Monday morning. Ordinary
storekeepers are not to be allowed tosell
spirits, the sale Of which is to be restricted to
public houses, confectioners and specially
licensed stores. Dealers serving spirits to in
toxicated persons are to be liable to arrest or
fine. No debt for spirits consumed on the
premises can be recovered by law II the
amount exceeds the value of five liters. The
magistrates are empowered to forbid retailers
to sell spirits to habltual trunkards for any
period up to twelve months Similar legls-
faton already exists i'll Gulicia- The pro-
posal now is to extend it to all Austria.
Lancet.
The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
WORDS OF WISDOM.

Our greatest evils come from ourselves.
The fish that gets away always looks
as big as the sea serpent.
Exactncss in little duties is wonder
full source of checrfulncss.
Crafty men condemn studies, simple
lrcn admire them, and wise men use
them.
The only failure a man ought to fear
is failure in cleaving to the purpose he
sees to be best.
Good sense and good nature are never
separated, though the ignorant world
has thought otherwise.
He that would live clear of envy must
lay his finger on his mouth, and keep
his hand out of the ;nkpot.
There is something in resolution which
has an influence beyond itself; all is
prostration where it appears.
There is always hope in man that
actually and earnestly works. In idle
ucss alone there is perpetual despair.
TO be a gentleman does not depend
lpou the tailor or the toilet. Good man
1ers count for more than good clothes.
Confidence of success is almost snccesS;
md obStu;.lcs often fall of themselves be-
fore determination to overcome them.
Let not your recreations be lavish
,penders of yurr time but choose such
IS are healthful, recreative. and apt to
refresh you; but a. no hand dwell upon
them.
The cares which are the keys of riches,
hang often so heavily at the rich mans
rirdle, that thev clog him with weary
laws and restless nights. when Others
,leep quietly.