davidaulloa/AmericanStories huggingface dataset:
Evening journal., 1893-05-24
ITEMS or INTEREST.

1t would not be a bad idea for the managers
Of the Columbian Exhibition 10 put those
"lady" managers in the show New York
Commercial Advertiser.
The Advertising of Hoods Sarsaparilla
Is always fully substantiated hy endorsements
which In the financial world would be ac-
Cepted without moments hesitation.
For a general family cathartic we con-
fdently recommend Hoods Pills.
Kansas produces the most eggs Of any state
ia the Union-but there are 50 many people
there 20 throw them at Cleveland Plain
Dealer.
The ehildren's health must not be me-
elected Cold I'm the head CAUSES catarrh. tly 3
Cream Balm cures az once. II Is perfectly
safe and is easily applied into the nos,rils.
The worst cases yielding 10 IL. Trice Soc
one of my children had very bad dis
charge from her ntse. Two physciaus pre-
s ribed but without benefit. We tried Ely s
Cream Balm, and much to our surprise. there
was marked improvement. We continued
/ the balm ana in "A short time the di-charge
was cured.-O. A. Cary, Corning, n y.
satisfaction guaranteed on every truss adj
justed by y. B. anforth, graduate in
| Pharmscy. Second and Market. Ong eX-
perience, large stock.
The man who has the earmun privilege in
| Midway Plaisance must b- making more
mOnev than any other cor cessiOuHire Chi
! cagO Post.
Evening journal., 1893-05-24
s1lO52917

INTEREST ALLOWED on deposits
money for one or more calender months
the rate Of per cent. per annum.
Money loaned on Mortgages on Real Estate
Evening journal., 1893-05-24

The Alumni and Alumne Association
of the High School will give musicale
in the assembly room of the High School
building, OH Friday night. June > The
musicale will conclude with the farce,
BOX and Cox. o."
Evening journal., 1893-05-24

GEORGE W. BUSH, President.
q. WESLEY " ElDIlt, Vice ProEin6Lts
Z. n. TAYLOR, 5scretsIY and AAsAsAfof
JOSEPH II. MAEhkh. auditor
NaY. :.
Evening journal., 1893-05-24
FOR RENT.

FOR RENT.
G0l Van Buren, . rooms and bath, sos.
S17 Market street. rooms. Sl6.
Gti-5-1 jackson. rooms and bath S25.
Ni7- l9 Lowering ave, g rooms and bath. Sl3.
B houses Banning between Broome and Frank
lin, rooms and bath, Sl3
2lS 20 80 WoOdlawn avenue. 6 rooms. $40.
;. W Corner Fifth and French streets. SIS.
7O5 Harrison street, rooms and bath, Sls.
us Lincoln street. rooms SILL
Banning and BrOOme Sts.. i3 rooms bath. s22.
store s. ". Cor. Tenth and Bennett, 3 rooms
and bath, $40. MULNENA a. SMITH.
0l5 Market street.
Evening journal., 1893-05-24

Miss Nellie Jeanette Collision Etzel
daugh of Mr. and Mrs George Etzel.
will be married to Charles Benton Nc.
Kaig on Wednesday evening, June :. at
: 3Oo'clock, in st. Stephens English
Lutheran Church.
Evening journal., 1893-05-24

Willard l. Merris of West Chester,
Pa a University of Pennsy ylvania man,
was the guest of James w. Ponder TO
dav
Evening journal., 1893-05-24

The Young Peoples and Ladies Aid
societies of the First Presbyterian
Church will hold a strawberry festival
on Thursday, Friday and Saturday even
ings of this week.
Evening journal., 1893-05-24

Mr.. and Mrs. John T. Mullin, Of VIII.
mington, are the guests Of West Chester
friends.
The advocate and Topeka tribune., 1893-12-13
(FirSt published November29, 1881
PROPOSALS.
G. J. BROWN,
Clerk Supreme Court.

SEALED PROPOSALS will be received at the
- National hotel, Topeka, Kansas, December
IA, 1898, at 9 o'clock q. M, at which time the
bids will be opened for furnishing the Insane
Asylums at 0sawatomie and Topeka the Deaf
and Dumb at Olathe; the Institution for the
Blind at WyandOtte; the Reform School &C
Topeka; the Institution for Idiotic at Winfield,
and the Soldiers Orphans Home at Atchison,
with dry goods, groceries, drugs and miscells-
neous supplies.
The Board Of Trustees reserves the right to
reject any or all bids, or to accept or reject
any part thereof.
A deposit OF S5OOO or a certified check for
that amount, must accompany each proposal,
payable TO w. 7. Wait, treasurer State ChsFit-
able Institutions, as q guarantee that the con.
tract as awarded will be faithfully complied
with.
Circulars containing full information for
bidders as to klud, quality and quantity Of
goods required; terms Of contracts and dates
Of payment and other details, can be had by
addressing any Of the State Charitable insti-
tutiOns.
By order Of the Board OF TrusteeA
MRS. NJ. L. LEASE, President.
W.T.. YoR, Secretary.
Topeka, November 4, 1893.
The advocate and Topeka tribune., 1893-12-13

whore the money was invested in real estate
by the husband as the agent OF the defendant.
Although the understanding was that the
conveyance was to be made TO the defendant,
who paid the consideration, the title was taken
in the name Of the husband without her con-
sent. Held, That under the Kansas statutes
trust resulted in her favor; Held, further, That
as the Illinois lands were sold and the posses
sion Of the proceeds were obtained by the de-
fendant, the question Of whether the trust In
those lands was duly created and was enfoF
chile under the statutes Of Illinois has become
immRterial.
2. The facts and circumstances from which
the trust resulted were properly shown 0y
parOl proof Notwithstanding 1t tended to con-
tradict the conveyance wrongfully mace 70
the husband.
8. Findings OF fact and conclusions Of law
were prepared and presented to the court, and
after an examination Of the same were adopted
by the court as its own. Held, That the fact
that they were formulated by counsel ct the
request of the court is no ground for criticism
or objection. =,
4. The objections to testimony offered should
be distinctly pointed out in order that the
court may rule intelligently upon them, and
unless this is done they are not entitled to
consideration upon q review.
All the justices concurring.
A true copy.
Attest: q. J. BROWN,
IsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
c. J. BROWN,
Clerk Supreme Court.
9SS2.
In re Joseph ClynA
Original Proceeding In Habeas Corpus.
WRIT DENIED.
SYLLABUS.
AL.LEN, ].

WRIT DENIED.
SYLLABUS. BY THE COURT. ALLEN, J.
1. A criminal prosecution is commenced
when Q warrant Is duly issued and placed In
the hands Of q proper officer to be executed In
good faith, and with due diligence, and II so
Issued within the time limited by law for the
commencement Of such criminal prosecution,
and executed thereafter without unnecessary
delay, even though the arrest be made after
the statutory Limitation has run, the prosecu-
tlon will still be deemed to have been COM
menced In time.
g. Where o warrant is so issued, and where
the sheriff has frequent opportunities for ar
resting the defendants, but fails for nearly five
months to make the arrest, and the delay 10 at
the request OF the prosecuting ohlcer, He'd,
that the time of such unnecessary delay
should be computed as part OF the period Of
limitation prescribed by the statute.
g. discharge under writ Of habeas cor
pus OF a defendant who has been committed
for trial for criminal Ohense, ID not bar to .
subsequent prosecution for the same offense,
supported by the same and other newly dis
covered evidence.
L. Where application was made by defend.
ant committed for trial for felony for o dis
charge under writ Of fhabeas corpus TO sjudge
OF the district court, who heard and cOnsid-
cred the evidence presented, and thereup0n re-
fused TO discharge the prisoner, Held, that this
court In Its discretion will generally decline
to review the evidence and determine Rs TO
the existence Of probable cause for the prose-
cutiOn, but where important questions Of law
passed on at the trial, and are decisive OF the
case, the court will consider and decide them,
All the justices concurring.
true copy
Attest: @. j. BROWN,
lsEAL Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

l. No one but the owner Of the land can dedi-
cate It to public uses.
q An expression of purpose or intention TO
dedicate o strip of ground as an alley, by
person seeking to become the owner OF 1t,
where such purpose is abandoned and re-
nounc ed before title is obtained, does not con-
stftute either q valid dedication, or an estop-
pei in favor Of the purchaser Of an adjoining
lot, who has notice Of such change of purpose
and thereafter without objection receives a
deed describing his lot by number after an
unacknowledged map showing the adjoining
parcel Of ground to be o lot has been filed for
record, and which map is soon thereafter duly
acknowledged and recorded
All the justices cOncurring.
Attest: C.J. BROWN,
[sEAL Clerk Supreme Court
The advocate and Topeka tribune., 1893-12-13

the statute within four months after the COM
pletiOn Of the building.
2 Where work on the buildings abandoned
by the owners, the statement must be fled
within four months after the abandonment
The time when such abandonment occurs is TO
be determined from the actual cessation Of the
work and not from the secret purposes or
mental conclusions of the owners.
8 The practice OF entertaining demurrers TO
the evidence In cases tried by the court with
the letter of the code, and it is not error for
the court TO entertain such demurrer.
All the justices concurring.
A true copy.
Attest: C. j. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-12-13
First published December 1S, 1891
Notice by Publication.
I. A. Freker and Company:

L. A. Freker and Company:
You are hereby notified that you have been
sued by the Topeka Commission Company,
composed Of Joseph G. Hayes, doing business
as the Topeka Commission Company, in JUS
tice F. NJ. Growers court justice Of the
peace In and for the city OF Topeka, Shawnee
county, Kansas, and that you must answer the
bill Of particulars filed herein on or before the
18th day Of January, 1894, or the bill OF particu
lars will be taken as true, and judgment rem
dered for the plaintiff and against the defend
ant for one hundred and flf.y-six and 2-100
dollars for goods and merchandise sold and
delivered to the defendant. II. G. RooT,
Attested: Attorney for Plaintiff.
f. NJ. GRovER, Justice Of Peace.
December 6, 1898.
The advocate and Topeka tribune., 1893-12-13
SYLLABUS.

1. The plaintiffs little child, two years old,
escaped from Its home and wandered on the
railroad track, distant only about forty feet
therefrom. In from three to five minutes
thereafter 1t was run over and injured by q
train Of defendants cars. The mother at the
time the child left the house was busy ironing
she did not perceive that the child was on the
track and the train approaching until 1t was
too late for her to rescue 1t; the door OF the
house was open, and there was no fence snfti-
cient to prevent the child from going on the
track, Held, That it was for the jury rather
than the court to determine from these facts
and circumstances whether the mother was
guilty Of negligence.
2. The want Of orderly and logical arrange
ment of the propositions Of law involved in
the charge Of the court to the jury will not en-
title the defeated party to reversal Of the
judgment where all of the propositions OF law
fairly applicable to the case are given by the
court, In such manner as to fairly inform the
jury Of the rules and principles by which they
are to be guided In forming their verdict.
Johnston, j., cOncurring
Horton, G. j., cOncurrtng specially.
Attest: C.J.BROWN,
TsEAL1 Clerk Supreme Court
The advocate and Topeka tribune., 1893-12-13
69l2.
First Presbyterian Church OF Hutchinson vs.
L. p. Sanity & Company, ct al
Error from Reno county.
AFFIRMED.
AFFIRMED.
BY THE COURT.
SYLLABUS.
C. J. BROWN,
Clerk Supreme Court.

6YLLABUS, DIX THE OOUHEs ALLhN0 ~
/. Where statements claiming liens on q
church building were filed by sub-contractors
within sixty days after the completion Of the
building, Held, that such statements we're filed
in time, and that an understanding between
the contractor and the majority OF the trustees
Of the church, that 1t should be accepted as
completed at date, before 1t was 80 In fact, is
not conclusive on the question OF the time OF
completion, as against the sub-contractors.
q party paying money to his creditor
may direct its appropriation, II he fails to do
so, the creditor may apply IL on such part OF
the payers mature indebtedness to him. as he
sees fit.
8. Where materials are furnished by sub
contractor to the head Of firm having the
contract for the erection Of q building, and In
his statement for lien, such subc0ntractor
names only the individual member with
whom he dealt as the contractor, and where
there is nothing TO indicate that the owner
was misled, or injured by the failure OF the
sub-contractor to correctly state the Arm name
Of the contractors, such sub-contractoFs lien,
will not be declared invalid because OF such
error.
4. Held. That the finding Of the trial court
as to the amount due s. 4 Co. for stone fur
nished Is supported by the evidence.
All the justices COncurring
A true copy
Attest: q. J. BROWN.
[sEAL1 Clerk Supreme Court
The advocate and Topeka tribune., 1893-12-13
69S6.
J. A. Policy vs.. Edward (. Johnson, OF al
Appeal from Lincoln County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN, J
SYLLABUS.
ALLEN,J.
BY THE COURT.

l. Where land is conveyed by the owner TO
another in trust to recOnvey 20 the grant0rs
wife, or such person as the grantor may there
after designate, and the grantee has no inter.
est in the lands, but afterwards executes such
trust by q conveyance to the grantOrs wife.
AS between grantor and his creditors such
lands will be treated as his property until re-
conveyed by the trustee, and the fact that such
trust rests in parole and Is therefore not en-
forcible under the statute concerning trusts
and powers, does not change the rule.
g Annual crops which are the product oftn-
dustry and care, sown by the owner Of the soil,
are, while growing and immature, personal
property subject to attachment and sale for
the debts of the owner.
All the justices concurring.
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
AFFIRMED.
SYLLABUS.
BY THE COURT.

l. A division superintendent Of q railroad
company has authority to employ physicians
and surgeons to attend upon employees in
jured in the service Of the company he repre-
A brakeman, whose foot was crushed
while he was employed in the service Of rail-
road company, desired the attendance Of q
certain physician, and, this desire having been
brought to the attention Of the division super.
intendent, he telegraphed to the station agent
directing him to notify the physician, and, In
obedience to this direction, the agent called
the physician, telling him that he was called
at the Instance of the division superintendent
and, after furnishing him with medicines and
surgical appliances from the medicine chest
kept by the company, took him to the injured
employe, where medical and surgical services
were rendered. Held, In an action to recover
the value Of such services, that these and
other circumstances surrounding the tran
saction tended to show an employment by the
company, and upon an examination OF the
evidence offered by the plaintiff 1t is held that
no error was committed in overrultng de-
murrer thereto.
g. The omission Of the court, in charging the
jury, to construe the language employed in
the telegram sent by the division supertn-
tendent, Is not material error, since no such
instruction was requested by the company.
4. Gas Co. vs.. Schiefer, % Kas, 468, followed,
All the justices concurring.
true copy.
Attest: C. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
69O2.

Thomas Anderson vs.. Nelson Burnham.
Error from Allen County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON J..
l. Possession of land by an adverse occupant
for more than fifteen years which is actual,
notorious, continuous and exclusive, will give
title thereto, although such possession is en-
tirely destitute Of color Of title.
2 Where there is subsection to the will and
dominion Of the occupant manifested in some
appropriate manner adapted to the condition
and location Of the land, a residence thereon
Is not essential
s. The evidence examined, and held to be
sufficient to show adverse possession by the
occupant Of the land in controversy.
All the justices concurring.
A true copy.
Attest: Q. ]. BROWN,
rsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
In THE SUPREME COURT
OF THE STATE OF KANSAS,

VI AhH SAAAA VT AAAN7AOsl
/, e. J. Brown, clerk Of the supreme court Of
the state Of Kansas, do hereby certify that the
foregoing are true and correct copies OF the
syllabi OF the decisions In the above entitled
cases as the same appear on file in my Office.
Witness my hand and the seal Of the supreme
court, this 11th day OF December,
1893
[sEALl G. j. BROWN,
Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
6929

6929.
l.. L. Van Brunt vs. Jacob Van Brunt.
Error from Pottawatomie County.
AFFIRMED.
SYLLABUS BY THE COURT. ALLEN, J.
l. Where the parties appear to be in equal
wrong, and the court refuses to grant divorce
1t has the power to direct an equal division Of
the property when the wife has title to more
than her share
2. The court in this case found that the hus-
bands property did not exceed 800 in value;
that the wife's property was worth St least
$4,000, and adjudged that she pay him $1,000
Held, not error
All the justices concurring
true copy.
Attest: G. J. BROWN,
TsEALI Clerk Supreme Court
The advocate and Topeka tribune., 1893-12-13

The Southern Kansas Railway Company VS.. B.
c. Clark, ct al
Error from Butler County.
REVERSED.
SYLLABUS. BY THE COURT. ALLEN, J.
A railroad company is not bound as q part OF
its contract for the transportation OF traV-
eler, who Is employed as a travelling salesman
for trading Arm, to carry as his personal bag
gage, o case Of sample merchandise belonging
to his employers, and whereby 1t receives ana
contents or ownership, part of which Is after
wards stolen from its baggage room, without
negligence on the part Of the company 1t Is
not liable to the owners for the value thereof
All the justices concurring.
Attest: Gu BROWN,
TsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
94Ei.
In re George Wolf,
Original Proceeding in Habeas Corpus.
SYLLABUS.

WRIT DENIED.
SYLLABUS. BY THE COURT. ALLEN, ].
1. The Judge of the circuit court Of Shawnee
county has power to punish by imprisonment
. person guilty Of contempt In disobeylng
lawful order duly made by such court.
g. Where on trial of an action pending In
such circuit court, 1t was found and adjudged
that the defendant had in his possession prop
erty Of the plaintiff, which he had obtained by
fraud, and he was thereupon adjudged TO re-
store such property to the plaintiff, and to pay
the full Value thereof II not restored, and the
defendant was ordered to appear at suDse-
quent day In said term, and produce such
property and deliver IL to the defendant, ana
requiring an accounting at such time with
reference TO such property, and where the de.
fendant refused to comply with the order OF
the court by producing che properly, ana
after q further continuance was found guilty
of wtlful contempt Of the order OF the court,
such circuit court still had jurisdiction over
the case, for the purpose Of Furnishing the de-
fendant for his contempt
All the justices concurring.
Attest: C.J.BRoWN,
IsRALl Clerk Supreme Court.
015O.
n. 7. Greenwood, ct al, VS.. Thomas A. Butler,
ct al.
Error from Rice County.
REVERSED.
sYLLABUs By THE COURT. ALLEN, J.
Chapter 100, Of the laws Of 1898, concerning
the sale and redemption Of real estate does
not have the effect to change or nullify any OF
the terms Of q Judgment duly rendered before
the passage of that act. directing the sale Of
lands, or any interest therein, for the pur-
pose stated in said Judgment
All the justices concurring.
Attest: G. J.BR0WN,
rslALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

O0I0.
Culbertson C. Stevens VS.. John J. Clemmons
Error from Dickinson County.
AFFIRMED.
SYLLABUS. Blythe COURT. ALLEN,J.
/. The verdict Of jury when supported by
competent testimony disposes OF all disputed
questions OF fact.
?. After both parties have introduced their
testimony, and the court has instructed the
Jury, the Introduction Of further testimony 10
q matter within the discretion Of the court,
and the court in this case, did not err In re-
fusing to admit testimony not properly rebut-
tai after the case had been re-opened.
All the justices concurring.
A true copy.
Attest: Y. J. BkOMN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

GRAY AAIR or WHISKERS 5s;:S;;S 9 $3.50
DBBHB bDhBBD natural color by using VANS
MEXICAN HAIR RESTORATIVE. Il re.
moves All dandruf; stops hair = Jm falling out and
cures an disease OF the scalp no Dye, andlgwar
Ransed absolutely harmless Money refunded tooea
Ieps Of price, D 10 per botilo Eullinogaon ee, AsnR
Wnnisi, ARGK9 CO. ga Lntg ossan B1Ainh Cii,co N
The advocate and Topeka tribune., 1893-12-13
6888.

The Union Pacific Railway Company Vs. W. H.
WinterbOtham.
Error from Saline County.
AFFIRMED.
The advocate and Topeka tribune., 1893-12-13
bo55.
]. D. Allen, administrator. ys. G. L. Bartlett,
administrator.
Error from Wilson County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN, j,
SYLLABUS.

1. The facts that an administrator Of q de-
ceased person filed an inventory OF the per-
sonal property belonging to the estate, on
October 8. 1884, and failed to at any time there
after make annual or final settlement OF the
estate, prior to his death, which occurred in
January, 1889, do not alone show wrongful
conversion Of such estate, or any part thereof,
by the administrator TO his own use.
2. The facts above stated do not show o
claim for the amount Of property coming into
the hands of such deceased administrator,
filed by an administrator de bonus non against
the estate Of such first administrator, TO be
barred by the statute OF limitation.
All the justices cOncurring.
A true copy. .,,,,,
Attest: Y. }. bkOMN,
TsEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
$3.50.

Atchison, Topeka & Santa Fe Railroad Com
pany vs. A. B. Calvert.
Error from Sedgwick County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN, j.
The advocate and Topeka tribune., 1893-12-13

69O9.
Ernest Boerner vs.. James A. MeKillip.
Error from Thomas County.
REVERSED.
sTLLAHUA By THE cOURr. ALLnJ.
The advocate and Topeka tribune., 1893-12-13

1. Parties furnishing materials for the erec-
ton OF 3 building In order 10 maintain lien
therefor, must hle the statement required by
The advocate and Topeka tribune., 1893-12-13

The Southern Kansas Railway Company vs. B.
c. Clark, ct al.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1893-01-05
1.aboucl,cre ON Large Fortunes.

Mr.. Henry Labouchere. discussing the
recent death of Jay Gould and the large
fortune he left i'll London Truth. says:
Were | an American | should meet
this tendency by a progressive death
duty on all requests. What l mean
is that the duty would not progress on
the sum total left by the individual.
but on the sum Inherited by the individ-
ual. Suppose that man left Sl.ooV,eoo.
and that my progressive duty doubled
itself On every 100000 inherited. by any
Of his heirs My plan would work out
in this way: If the duty on the first
100000 We're ) per cent, should ne
leave one person s1,Ooo.ooo the sum OF
$75, 900 would have to be paid. 81 10000
by any one getting $4,000 900. and SO on
until the effect of leaving an excessive
amount to one individual would be that
the state would become the sole heir
This would prevent the perpetuation OF
Accommodations and oblige q millionaire
SO to spread his money on his death tina
a large number of individuals wonl'
profit by it.
Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1893-01-05
pisp,a,inr a Genius for Trading.

Lewis Strodtbeck left Martinsville
three months ago. Up to this time he
had been looked upon as little less
than incorrigible lad. He is about SIX
teen years old. When he left with Il
lot of eypsies he had good suit OF
clothes, and there ended the extent of
his possessions. He traded his clothes
for an inferior suit and plug of horse.
Since then he has proven himself an
adept at trading, and today he owns a
restaurant in Nincennes, five horses, and
clothes to wear to church.-lndianapo-
lis journal.