davidaulloa/AmericanStories huggingface dataset:
The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1890-02-08

eho cage, anu ner ears were shocked
with torrent of oaths such as had never
before been heard in that well-reeulated
household. The Mortified cat fed from
the room, which she has never since
been induced to enter.
1T is pity that so many people
suffer from insomnia when such a sim.
pie preventive is in reach. / have re-
lief which never fails. When find nv
self tossing get mp, walk across the
floor once or twice, and then get an ap-
pie, bit of bread, any thing to arouse
my stomach and set it to working, saws
writer in the st. Louis G1obe-Demo-
crat. The moment it commences it at
tracts the attention of the nerves, so te
speak; the nerves forget they are ION
edge" and are soon soothed in slumber.
Commence on the inside to cure sleep.
iessness, not externally, nor with drugs
for they are base deceivers.
The applications of electricity are
becoming bewildering in their number
and variety. A recent affair of some
local importance in western town de-
veloped the fact that young woman
had purchased four-light chandelier
specially designed to contain detective
camera, arranged to be operated by the
closing OF ali electric circuit, concealed
pushers or circuit closers being placed
ut convenient points, while miniature
reflector directed portion of the rays
Of light from one gas jet directly on the
plate. The apparatus worked to perfec
ton on the fourth evening that the vic
tim, wealthy old gentleman, called on
The young wornap
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
The shotwelI FaiIure.

In re assignment of Shotwell Clerihew h
Lothman, insolvents, VS.. Nicollet National
Bank, respondent. Order reversed and
new hearing ordered. MITCHELL, j.
Syllabus: To constitute fraudulent
concealment, incumbering or disposal
of property by debtor with intent to
cheat and defraud his creditors, within
the meaning of section 10 of the lnSOlv-
ent law of 1881, so as to entitle creditors
to share in the assets without filing re-
leases, the act must have been commit
ted with an actual corrupt and diShon-
est intent to cheat and defraud credit
ors. The mere fact that the debtor may
have retained and used property which
he had no legal right to retain or use,
and that the effect Of such act may
have been fraud on creditors, in the
sense that it deprived them of the ben
eft of assets to which they were equally
entitled, is not, in the absense OF such
corrupt and dishonest intent, sufficient
to entitle the creditors to share i'll the
assets of the debtor without fling re-
leases. The finding of the court con-
strued and held not to amount to find
ing of a fraudulent concealment or
disposal of property with intent
to cheat and defraud creditors, and
hence insufficient to support the order
appealed from. While dishonest dis
closure, or refusal to make full dis
closure by an insolvent debtor may just
ify the conclusion that he has fraudu-
lently concealed or disposed Of his prop
erty with intent to cheat and defraud
his creditors. yet is not the dishonest
disclosure or the refusal to disclose, but
only the fraudulent concealment or dis
position of his property, which is made
the ground for permitting creditors to
share in the assets without executing
releases
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
A Famous Bigamy Case.

Justice Mitchell affirmed the order of
the Ramsey county court in the case of
THE State of Minnesota, respondent, VS..
August Plym. appellant. Plym was
indicted and convicted of bigamy. The
record Of the case shows that he was
married to his first wife in Sweden in
July, 1876, and that he left his wife and
children and came to st. Paul in 1884,
and was married TO his second wife
here Jan. 10, 1889. The appeal was
taken on bill of exceptions, and the
supreme court holds that there were er-
rors committed, yet the order was af-
firmed.
State of Minnesota, respondent, vs.. August
Plym, appellant. Order affirmed.
MITCHELL, j.
Syllabus: On a trial for bigamy the
fact that the defendant, when expostu-
lated with in regard to his second mar
rage, at or about the time of its occur
renee, on the ground that his former
wife was still living, was silent and did
not deny the fact, is competent evidence
against him as being in the nature of an
admission. The presumption that a
person is still living, arising from the
fact that he was alive at a former date,
is one not of law. but of fact, of varying
strength according to circumstances.
The fact that he was alive at particu-
Jar time is but one of the facts to be
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
Identity of Person.

Gouverneur W. Morris ct al, respondents,
vs. James McClary, appellant. Order af-
frmed. GHFILLAN, G. j,
Syllabus: Identity of name is usually,
in the first instance, sufficient to prove
identity of person. In the action under
the statute to determine adverse claims
to real estate, if party relies on a legal
title and seeks no equitable relief, his
right to relief is barred only by the
lapse of time prescribed by the statute
of limitations. The equitable rule as
to laches defeating relief sought applies
only when the relief sought is equi-
table. Where person is in actual adj
verse possession of only one of several
distinct and separate tracts or lots not
in the same enclosure under deed of
them to him, the deed will not define or
extend his possession so as to include
those in which he is not in actual pos
session; as, if his deed describe by let
and block several or even the greater
number Of lots IN plated townsite. or
addition his actual possession of one
will not, for the purpose of adverse pos
session. extend to those unenclosed lots
OF which he is not in actual possession.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03

drawn and appropriated to the Cleve-
land avenue fund.
The committee on printing was di-
rected to advertise for bids for county
printing, stationery and lithographing
for the year commencing July Is.
The reports of the register of deeds
for March, of the abstract clerk for
March, of the sheriff for March and
April, of judge of probate for April, and
the treasurer for March and April were
approved.
The sheriff's report for May shows
receipts, 81, 562.77; disbursements 50, 142.
The report of the abstract clerk for May
shows work done, 81, 1856. 85; back charges
collected, S476.60. The report of the
clerk of the district court for May
shows work done, s317S5; back charges
collected, $4,000.
The following licenses to retail liquors
were directed to be issued: Frank E.
Whitaker, on lot 6. block l of South
Park addition to Minneapolis stock
yards, in Mounds View: Michael 'Kreut-
yer, in New Canada township; William
Leip, at Hotel Leip, White Bear; James
S. LOOMS, at White Bear. The appli-
cation of Charles HiXon was referred
back to the committee.
A resolution was received from the
city council embodying all acceptance
of all responsibility of maintaining the
Marshall avenue bridge by the city.
Commissioners Lavallee, Wright and
Mitsch. who compose the committee on
taxes, were elected as members of the
board of equalization for the ensuing
year.
The county board was engaged during
the afternoon in strikinff off the list of
personal taxes not collectable.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
TIE srENsGAARD CASE
Still on Trial-Y Yesterdays Cour
ROund-Un

Still on Triai-Y eSterday's Court
Roundup.
The trial of the case of Stensgaard
against the Real Estate Title Insurance
company was resumed yesterday, and
Stensgaard was on the stand all day.
He was ready and quick with his
answers, and seemed to annoy the at
torney who cross-examined him by his
quick answers and accompanying ex-
plantations. A motion made by At
torney Willis to amend the pleadings SO
as to admit testimony as to the value of
the property was denied by Judge Kelly
as being made too late.
The June term of the district court
commenced yesterday. A large number
of jury and court cases were set for
hearing. There will be four courts in
session to-day for the trial of jury cases.
The trial Of criminal cases will begin
to-day.
The result of the action of Lawrence
Fahey against Nellie NJ. Wef1e, to quiet
title to lots and 8, block 8, of Joseph
r. Weide's Second addition, was de-
cree by Judge Brill deciding the title to
be in favor of Nellie M. Weide.
J. De Graw & Sons have commenced
an action against Hans S. Milsted and
others to enforce mechanics lien upon
lot 10, block 15, in Mackubin & Mar
shall's addition.
Charles D. Tompkins has commenced
an action against G. E. Beach to recover
S173.25 for labor performed by various
persons.
The trial of the case of Barr against
Stahl, to recover $4,000 as attorney
fees. went to the jury last evening.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
Same Old Story.

A. Grethen, of Minneapolis, was taken
before Judge Wilkin yesterday after
noon on writ of habeas corpus. Greth-
en- had been arrested and ordered con-
e hfa o 5ns mncp dre c Wkn upon made
short work of the case Said he:
''There was no complaint in this case?"
"None," replied the county attorney
and AID. Warner, soto voice. This
is just like the other cases?" asked
Judge Wilkln, to which an affirmative
answer was made by the same attorneys.
''The man is discharged" added his
honor. Grethen was arrested as insane
once before in this city. and sent to his
home in Minneapolis, where he was
adjudged insane. A few days there
after he was discharged from the asy-
lum at Rochester as being sane.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
A Masonic Case.

Masonic Temple Association of Minneapolis,
respondent, VS.. Sewell P. Channell appel
liant. order affirmed. GILFILLAN, G. ].
Syllabus: When a subscriber to the
stock of a corporation is sued on his
written subscription, it is Incompetent
to prove an oral condition to the sub
scription. The statute, sec. 4, CHI. "a,
Gen. Stat. 1878, does not abrogate the
common law rule. that where the
charter or articles of incorporation, or
the terms of subscription to its capital
stock, do not provide otherwise, pay
ment of a subscription cannot be re-
quired till the whole capital stock is
subscribed. But the subscriber may
waive that defense. Acts done by him
as stakeholder or director which con-
stitute part of the business for which
the corporation is formed, and which
from their nature assume it to be ready
for business, and evidence a willing
ness to enter upon that business with
the stock already subscribed. will
amount to a waiver. Certain acts of de-
PENDANT as a director held waiver.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
A Minneapolts Ordinances.

State of Minnesota, Respondent, vs. John
N. Priester appellant Judgment affirmed.
GILFMLAN, G. j.
Syllabus: A clause in the charter of
the city OF. Minneapolis providing that
no ordinance shall be passed at the
same session at which it is introduced
except by the unanimous consent of all
the members of the council present,
held not to require unanimous vote
upon the final passage of the ordinance,
but only unanimous consent that 1t be
put to vote for it's passage. An ordi-
nance prohibiting sales of liquor with
out license, the ordinance not specify
ing any quantities, is valid, certainly as
to sales in quantities less than five gal
Ions. One proceeded against for selling
a quantity less than five gallons can not
question the validity of the ordinance
so far as it may apply to sales in Quanti-
ties OF five gallons and upwards.
To prove sale by defendant 1t is
proper to prove that an order was sent
by the purchaser by telephone to the
establishment of which defendant was
in charge and that the article was ac-
cordingly sent to the purchaser.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
Referee Justified.

John Elliott ct al, appellants, VS.. Jennie
Caldwell ct al, respondents. Order af-
firmed. MITCHELL, j.
Syllabus: The findings of the referee
held justified by the evidence. The
doctrine of substantial compliance"
with building contracts does not apply
when the omissions or departures from
the contract are intentional, and SO sub
stantial as not to be capable of remedy,
and that an allowance out Of the con-
tract price would not give the owner
essentially what he contracted for. To
ehtitle a party to recover for part per-
Torrance, or for performance ip diff
ferent way from that contracted for, his
contract remaining open and upper
formed, the circumstances must be such
that a new contract may be implied
from the conduct of the parties to pay q
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
NEW SCHOOL BOARD.
Mayor Smith Makes Public the
Several Amendments.

Mayor Smith yesterday made appoint
ments to the board of education. Gus
taye Heinemann was appointed from the
Second ward, vice w. 81. Cook; P. j.
Giesen from the Fourth ward,s Ito sue
ched himself; Charles G. Haas from the
Sixth ward, to succeed himself; William
Rodgers from the Eighth ward, to sue
coed G. j. Thomson; and John j. Mer-
rill from the Tenth ward, to succeed L..
j. Dobner, the alderman-elect. Mr..
Heinemann is the well known dry goods
merchant on Seventh street. William
Rodgers is also we'll known and engaged
in the plumbing business. Mr.. Merrill
resides in the Midway district and is
car accountant Of the Burlington road.
The new board, which will not meet
until next week, is composed as follows:
First Ward-A. P Croonqulst.
Second Ward-Gustave Heinemann.
Third Ward-A. G. Postlethwalte.
Fourth Ward-P. ]. Giesen.
Fifth Ward-L. Fl. MaXfield.
Sixth Ward-C. L. Haas.
Seventh Ward-B. F. Wright
Eighth Ward-William Rodgers.
Ninth Ward-D. f. Foley.
Tenth Ward-JOhn j. Merrill.
Eleventh Ward-George =. Kuhles.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
AOuestion Of Answer.

George M. Burr appellant VS.. John Sey-
mour, respondent. Order reversed.
GILFILLAN, G. J.
Syllabus: In an action commenced
against nonresident defendant by
publication of the summons where
Judgment, for want of an answer. is
properly entered, except that the aft
davit of publication is insufficient, if
the summons was in fact duly published,
and no facts appear to show that it
would be unjust to the defendant, or
would affect intervening rights of third
persons, the courts ought, under sec
lions 1914 and 125, CHI. 66, Gen. st. 1878,
to allow proper affidavit of publica-
ton to be filed nunc pro tune.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
ColWeII Must Go.

State of Minnesota. respondent, vs. John n.
Colwell, appellant Judgment affirmed and
stay of execution vacated. MITCHELL, j.
Syllabus: A general verdict of guilty.
convicts defendant of all that the in
dictment alleges against him. Hence,
where the charge is of larceny
of several articles of values specified,
such a verdict is finding that the de-
PENDANT stole every one of them, and
that their several values were as averred.
Evidence held sutf- cient to justify the
vnrdiot
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
He Owns the Hay.

Henry Carver, respondent, VS.. The Chicago,
st. Paul, Minneapolis & Omaha Railway
Company, appellant. Order affirmed.
GILFLLAN, G. j.
Syllabus: One who enters land under
the act of congress known as the tim
Der culture act," and who has compli ed
with its conditions, is. during the time
required to perfect his right to patent.
the owner Of hay made from the grass
which he cuts on the land. lie may re-
as standing trees; that is, the value they
add to the value of the land. TO prove
such value it is proper to prove the value
of the land with the trees standing on it
and its value with the trees destroyed.
The fact that after the destruction of
the trees he surrendered his claim does
not affect his right to recover.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03

compensation for the partial OF substi-
tuted performance. The mere fact that
party y is is not enough from which Which to to
imply a promise to pay for it. Hence, in
the case of building ON land, which the
builder fails to complete, or completes
in manner not substantially conform
ing to the contract. the mere fact that it
remains on the land and the owner ell
joys the benefit of it, he having no OPP
ton to reject it, is not an acceptance as
will imply promise to pay for it, not
withstanding the performance of the
special contract. The complaint con-
strued and held that the cause of action
stated in it is only Oh the special con-
tract, and not on an implied one to pay
the measure and value price of the work
done.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
Routine Business Transacted by

Routine Business Transacted by
the County Commissioners.
The matter of the payment of delin-
quent taxes collected by the county
treasurer of Ramsey countyin that part
of the city of st. Paul formerly belong
ing to Dakota county, which was as
sessed before the annexation, was
referred to the county auditor and at
torney for Ramsey county to determine
the correct sum and an order empow-
cred for such sum. An order was di-
rected to be drawn in favor Of the board
of control for s2,695.84. being the
county's two-thirds Of the expense Of
maintaining the hospital, almshouse
and for outside aid during the month Of
May. The 500 previously directed to
be expended on Como avenue was With
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
ACase of

st. Cloud Water Power and Mill Company,
appellant VS.. The Mississippi & Rum
River Boom Company, respondent Judg-
ment affirmed. GILFILLAN, G. j.
Syllabus: Under the authority given
plaintiff by act of congress to construct
a dam across the Mississippi river at st.
Cloud, it is for the plaintiff to do what
may be necessary to protect its dam
from the consequences of jams of logs
floating down the river, caused by the
slack water which the dam creates. Ii,
to prevent such jams, and to protect the
dam against such consequences of them,
it be necessary to employ men to get
the logs past the slack water, it is for
plaintiff to employ them.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03

considered in determining if he was
alive at given future date, the proba-
tive force of which will depend upon ac-
companying circumstances, such as
the length of intervening time, the age
and health of the person, or any other
affecting the probability of the continu-
ance of his lite. Its weight as
evidence is a question for the jury, to
be determined by the general presnmp-
ton or probability of the continuance
of the life in view of all the circum-
stances of the case. 1t may be sufficient
to warrant them in finding that the per-
son was still alive at given future
date, although there is no direct evil
dence of the fact.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
TO MEMBERS OF
Royal ArCanuIn F!


The Twin City delega
tons Royal Arcanum will
leave for Milwaukee via the
Wisconsin Central Tuesday,
June Sd. Train leaves
Minneapolis 6:25 p. m. St.
Paul us p. m. For tick
cts and sleeping car berths
call at No. 10 Nicollet
House block, Minneapolis,
or 1852 East Third street,
St. Paul.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
Judgment Creditors Rights.

Jacob Bloom, appellant, VS.. Samuel May ct
al, Respondents. Order affirmed.
GILFILLAN, c. j.
Syllabus: Several decisions Of this
court followed to the effect that judg
ment creditor suing to set aside as
fraudulent, as to creditors, convey
ance by the judgment debtor prior to
the judgment, must prove the exist
ence of the debt on which it was rem
dered. at the time of the conveyance,
and that as against the grantee the
judgment does not prove it.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
SPRING ADVICE.
IScientific Mapazfne1


Be careful of your diet. You do not need
heavy food such as you require during the
Winter
Spring may be beautiful, but It is treacher-
Gus. Do not let 1t deceive you into cold, a
fever, malaria or pneumonia.
Do not throw off your Winter flannels too
early. 1t is better to suffer little inconyen-
fence than to take cold.
If you feel tired, feverish or over-heated,
do not rush off and take Spring medicines"
Cool yourself down and in this way help
your system and purify your blood.
If you feel hot and thirsty, do not drink
large quantities of water or other long
drinks 1t is much better to take little pure
whiskey and water, which will quench the
thirst, tone the system, and fortify against
disease.
Remember that only pure whiskey should
leading chemists and scientists of the present
day unite in declaring that Duffy's Pure Malt
is absolutely the purest and best.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
A Reversed Judgment.

John Burrell, respondent VS.. The Chicago.
Milwaukee & st. Paul Railway Company,
respondent. Judgment reversed.
MITCHELL j.
Syllabus: The approval and confr-
nation of the probate court Endorsed
upon or annexed to conveyance by a
purported guardian to railway COM
pany, pursuant to Gen. Stat of 1S7S.ch.
81, sec. SO, is no proof that the person
guardian; following Dawson VS.. Holmes,
80 Mimi, 101.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
An Agents License.

State of Minnesota. respondent vs. G. O.
johnson, appellant. Order reversed.
GILFILLAN, G. j.
Syllabus: In an Indictment under
sec. 292, chap. "a, General Laws 1889, for
acting as the agent of an insurance
company not of this state, without the
proper certificate of authority from the
Insurance commissioners is immaterial
that the company had or had not COM
piled with the statute. Evidence held
insufficient to sustain a verdict of
guilty. Vanderburgh, j., took no part
in the decision.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
The Creditors Want Money.

Bankrupt Shoe Sale, IS East Seventh
street; must be sold regardless of cost;
store to let and fixtures for sale; large
store; best location; selling out; come
and buy pair of shoes at half-price.
Bankrupt Shoe Sale. 65 East Seventh
street
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03
Cigars-.To Strangers.

Adam Fetsch, two doors above the
Merchants hotel makes it speciality
to handle the fiuest brands Of Cigars.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03

Open Wednesday.
Great slaughter in Fine Shoes. Prices
never before heard of. Opening of the
Bankrupt Shoe sale, 65 East Seventh
street. Must be sold for the benefit of
the creditors. Special attention is called
to the immense stock of Mems Fine
Shoes.
+ Mems kangaroo Congress, lace and
button, 50 pair; worth 81.
Mems Kangaroo Low Shoes and
samples, So pair; worth 81.
Mems Fine Calf Shoes, 81 pair; worth
$3.50.
Mems Fine Velvet Slippers, SOC, zoe
and Use pair.
Mems Fine (Burb Shoes, s. pair:
worth Sc.
Mems Fine BurD Shoes, handmade,
81 pair; worth 81.
Bankrupt Sale'' of Boots and Shoes
65 East Seventh street. Be sure you
notice our signs and number.
Paul NIOrphy Cigars.
Lovers of fine domestic Cigars art
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-03

Ladies' Tan Goat Oxford Ties,
S5c.
Worth $500 pair, at the Bankrupt Sale,
65 East Seventh street.