davidaulloa/AmericanStories huggingface dataset:
The morning call., 1893-04-13
LATEST ABOUT FLOOD.
Report That He Will Not Appear When
Wanted.

Chief Crowley yesterday received notifca-
tion from the attorneys of the Donohoe-
Kelly Bank that they had reason to believe
John w. Flood, ex-cashier of the bank,
intended to leave the city, and asking him
to take steps TO prevent such a contingency.
The Chiefs reply was that he could do
nothing. Mr.. Flood had given bonds with
the sole object of gaining his liberty, and
he had not the power to deprive him of it.
Flood, according to the statement of
Joseph A. Donohoe. president OF the bank,
has admitted that he used Sl64 600 OF the
banks money, but refused to tell to whom
he gave IT, He turned over $50. 600 worth of
property, and is still S142, 600 short.
The morning call., 1893-04-13
Counterfeit Cigar Labels.

The Cigar-makers' Union recently found
that white drummers had been selling
large quantities of Chinese manufactured
cigars. which bore a counterfeit label of the
union-made cigars. The secretary made
an investigation and found out the names
of several Chinese manufacturers who
were guilty Of the practice. A warrant was
The morning call., 1893-04-13

pleasant affair is anticipated, as Mr.. Pfster
is personally directing the arrangements of
the reception. IL will take place in the
Lyceum drawing-rOom. 232 Suffer street.
Several hundred invitations have been sent
out and there is no doubt that the members
of the association will get thoroughly ac-
quainted with each other and with Mr..
Bfstar
The morning call., 1893-04-13
A Reception for Germans.

j. ]. Pfster will give a reception to the
members of the German branch Of the
Young Mems Christian Association this
evening ats O'Clock. Mr.. Pfister has been
the president of this association ever since
1t was organized, ten years ago. and is ac-
quainted with great number of German
speaking young men in this city. a very
The morning call., 1893-04-13
AT OAKLAND. APRIL IL, 1893.

Earned runs-sau Franciscos 2, Los Angeles z
Iwo,hase hits.csrroll 2 Sharp, Mecauley 2.
Vaudyke. Borchers. Wrlsht, Levy. First base
on errors San Francisos 6. Los Angeles 3
First base on called bais-San Franolscos g.
Los Angeles 3. Left bases-San Franchises
IL. Los Angeles 9. Struck out-By Borchers 2
Hit by pitcher-spies, hOrchers. sheibeck. Double
piays-Wrlght to MeCauley. Sharp TO Power
Passed balIs-Sples !. Lohman 2. Wild pitches
Kueil 4 Umpire-McDonaId.
The morning call., 1893-04-13
LATEST SHIPPING INTELLIGENCE.
SpiIaI.
WEDNESDAY. April !

Stmr Arcata. Lucas Coos Bay
Movements of Trans tlantic Steame g.
HALIFAX S-Arrived Apr l2-Stmr Peruvian
from glasgow
NEW YORK-Arrived Apr 12-Stmr Bohemia.
from Stettin; stmr Spain, from London; stmr Ma
1eStic. from Liverpool.
LoNDoN-ArrivedA apr l2-stmr Teutonie. from
New YORK.
The morning call., 1893-04-13
BORN.

BORN.
PARRISH-In this city, April 2, 1898, to the wife
OF Edwin Parrish, a son.
SINCLAIR-In this city. April IL 1898, to the wife
OF Gilbert Sinclair
MILLER-In this city, March I9, 1893, to the wife
OF David Miller, a so1.
MILLER-In this city, April 9. 1893, to the wife OF
James Miller,
BRGGUIER Elm this city, April IL, 1898, to the
wife OF Z. j. Braguere, daughter.
cALUEN-Tn this city April 9, 1913. to the wife of
q. c. Caldeu, daughter.
KNoLEs-April IL. 1893 to the wife OF F. T.
KnoIes. a daughter.
MosER-In San Jose, April g. 1898, to the wife of
Sam Moser. a daughter.
The morning call., 1893-04-13
AIAERInn

NiCHoLAS-CARsoN-In this city April 6. 1898,
by the Rev. William L. Smith, William Nicholas
and Ella Il. Ctrson.
CAsEY-CALHo oUN-April 10. 1898, William D.
Casey and Mary Calhoun.
BONESTELL-FARGO In this city, April 10
1893. by the Rev Or. StebbIns Robert e. Bone
Eteil and Sarah L. Fargo.
The morning call., 1893-04-13

The Baltimore Episcopal Meth hodist
Says simmons Liver Regulator is acknowledged
to have equal liver medicine. containing
those Southern roots and herbs which an ai-wise
Providence has placed in countries where liver
diseases prevail"
The morning call., 1893-04-13
CENTRAL LEAGUE.
The Complete Schedule of Games to
Be PLAYED.

The new grounds at Santa Rosa and
Petaluma for the games of the California
Central Baseball League have been secured
and the work of putting them In shape for
the opening games is nealy completed.
Games will be played at Santa Rosa. Peta-
luna and San Francisco.
Following is the schedule Of games TO be
The morning call., 1893-04-13
DROWNED IN THE BAY.
An Unknown Man Falls From the
Pacific Mail Dock.

A young man, whose name is unknown,
fell from the Pacific Mail Dc ok at 12 O'Clock
last night and was drowned. He was seen
by the watcbman standing upon the stringer
Just before he tumbled into the water.
When he struck the water he cried for help
and the watchnan went out In a boat to
rescue him, but started too late.
The unknown sank and his dead boiy was
secured an hour later.
The deceased was about 30 years old. He
had black hair and mustache. He wore
brown striped trousers, blue shirt with
brown stripe, black coat and vest of diago-
nal cloth, CATERS and dark brown hat. A
dime was found in his pocket.
The morning call., 1893-04-13
BIRTHS-M -MARRIAGES-DEATHS.

birth, marriage and death notices sent by mail
Will not be inserted. They must be handed In at
either OF the publication Offices and be ind0rsed
with the name and residence of persons authorized
to have the same published.
The morning call., 1893-04-13

A Union ChrsfiIn Endeavor dinner and social
under the auspices OF Golden Gate Union,
Young Peoples Society Of Christian Endeavor,
Will be given this evening from 6:30 to 80
AT the First Congregational Church, on the cor.
ner OF Post and Mason sire T..
The morning call., 1893-04-13

Have Beecham's Pllls ready in the househola.
The advocate and Topeka tribune., 1893-10-11
G. ]. BROWN,
Clerk Supreme Court.
H. F. Friend, J. A. Friend, w. R. Tucker and
William MAttheWson VS.. G. r. Miller.

H. f. Friend, J. A. Friend, w. r. Tucker and
William MAttheWson VS.. G. r. Miller.
Error from the Court Of Common Pleas of
Sedgwick County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON, ].
/. A record of proceedings In the Judicial
District Court of the Territory of Utah, duly
authenticated under the act Of Congress, Is
admissible In evidence TO show that such pro-
ceedtngs have been had. Dodge vs.. Coffin, Is
Kan, H7; Haynes vs.. CoWen, Id. 6S7.
2 An agreement to stifle prosecution, or
to withhold testimony therein, and thus OBJ
struct the course Of public justice, or to COM
pound o felony, is absolutely void, and no
recovery can be had upon o promissory note
given in consideration of such an agreement.
3. The rule which forbids the introduction
Of parof evidence to contradict, add to or vary
. written instrument, does not extend to evil
dence offered to show that contract was
made in furtherance Of objects forbidden by
statute, by common law, or by the general
policy Of the law. Martin vs.. Clark, 8 r. l., $780,
4. The evidence examined and held to be
sufficient to carry the case to the jury.
All the justices concurring.
A true copy.
Attest: C. J. BROWN,
(sBALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11

defense to the same, the holder is not an limo
cent purchaser.
All the justices cOncurring,
A true copy.
Attest: q. J. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-10-11
5000

State OF Kansas vs.. George MoultOn.
Appeal from Norton County.
MODIFIED.
SYLLABUS By THE COURT. HORTON, G.
/. The cases Of State vs. OConnell, 81 Kansas
3SS, and State vs. Guettler, "a Kansas $50, fol-
lowed.
2 Where an intoxicating liquor called rock
and rye, was sold in violation OF the prohibi-
tory liquor law, 1t is no excuse upon the part
Of the defendant to allege that he did not
know it was intoxicating.
All the justices concurring
A true copy.
Attest: C.J. BROWN,
IsRALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
$780,.

In the matter OF the application of Milton
Stevens for writ Of hSbeas corpus.
Original Proceeding in Habeas Corpus.
WRIT DENIED.
SYLLABUS. BY THE COURT HORTON, C. ].
1. An offense punishable, that Is, that mag
be punished, by confinement and hard labor
for term not exceeding two years Is felony.
2. Under the provisions Of section 1888 OF
Crimes and Punlshments, the unlawful break
ing Of a jail before conviction is felony.
All the justices cOncurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
Error from Atchison County.



SYLLABUS. BY THE COURT. HORTON, c. ].
l. Thecases Of Asher vs. Sutton, 81 Kas, 2S6; |;
Bank vs. Drake, % Kas, 81 followed.
2 Where a defense In replevin action Is
founded upon title in defendant, and the
right Of possession incident thereto, the fall
uTe Of proof Of the demand and refusal, Is not
sufficient to justify reversal Of the Judgment
in favor Of the plaintiff. Raper VS.. Harrison,
81 Kas, 24S; Schmidt VS.. Bender SO Kas, 4S7.
8. The appointment and the retention Of
receiver cannot be collaterally attacked.
4. person claiming q lien for feeding
horses or other live stock has the right Of pos
session until the debt is paid, but he can do
nothing else to enforce payment, except in
pursuance Of the statute providing for the en-
forcement Of such lien. II such person makes
q sale OF the stock in his possession, without
complying with the provisions Of the statute
for the enforcement Of his lien, the owner OF
the stock may resume possession thereof, or
bring an action for the conversion Of the same.
All the justices concurring.
true copy.
Attest c. J. BROWN,
lsRALl Clerk supreme Court
The advocate and Topeka tribune., 1893-10-11
Error from Ellis County.
REVERSED.
SYLLABUS.
JoHNsTON,J.
BY THE COURT.

l. Where a petition alleges in general terms
goods purchased by them, and the answer Of
one Is general denial, without any attack
upon the petition that the facts as TO the joint
liability were not fully and definitely stated,
the admission Of proof showing that the joint
liability arose through partnership Of the
parties Is not material error
2. In an action involving the issue Of part
nership the declarations Of one person that
another is his partner are incompetent evil
dence against the latter to charge him as .
partner. ,(Johnson vs.. elements, IS Kas., S76.)
All the justices cOncurring.
true copy.
Attest: G. ]. BROWN,
[sEAL Clerk Supreme Court
The advocate and Topeka tribune., 1893-10-11
AFFIRMED.
SYLLABUS.
BY THE COURT.
JOHNSTON, J.

SYLLABUS. BY THE COURT JOHNSTON, J.
l. If board OF trade of city and its Off
not conferred on them by the statute regulat-
ing public warehouses and the inspection of
grain, there is ample authority in the state by
It's public officers in an appropriate proceed
ing to prevent the unlawful exercise OF power,
and compel obedience to the law; but another
board Of trade which suffers no particular and
substantial injury by the unlawful exercise Of
power, or the non-observance Of the law can
q In comforting public functions upon the
boards of trade in the matter Of inspecting
grain and authorizing the collection Of fees,
the legislature did not intend that the powers
and privileges conferred should be used for
the private gain and profit Of such boards.
All the justices concurring.
true copy.
Attest: CO.. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
Supreme Court Sylabi
Published October II, 1898.
es4a
State of Kansas " Bill Dugan.
Appeal from Sumner County.
AFFIRMED.
SYLLABUS BY THE COURT HORTON. C. J
Published October II, 1898.
SYLLABUs.
BY THE COURT.

1. Where county attorney files an informa-
ton charging the defendant with keeping q
nuisance, and positively veriaes the same, "as
true in substance and in fact" motions to
auash the warrant and the information, and q
plea in abatement upon the ground that the
information is not properly verified, and that
the county attorney has no personal knOwl-
edge Of the facts alleged therein, are properly
q A defendant may be convicted Of keeping
q nuisance upon evidence showing that he Is o
Keeper OF "resort," where intoxicating
liquors are kept by him for sale as o beverage.
state v. Reno, Al Kas., GA.
3 A mere separation of the jury after they
have retired TO consider Of their verdict, in
trials for misdemeanor, where no injury re-
suits, Is no cause for new trial. Sec. N5 Grim.
Procd.
All the justices concurring.
"A true copy. ,,..
Attest: y. BROWN
IsEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11

Be ~. simpson 6b nj, VS. ING OlJy VI hbuSho
City, ct al
Original Proceeding in MGndsmus.
WRIT DENIED.
sxLLABUs. BY THE COURT. HORTON. c. J.
Al. Where a sufficient petition was presented
Ia May, 1887, to the mayor and counCtlmen OF
the city Of Kansas City, in this state, for the
grading OF part Of street at the cost OF the
6butting property owners, under Section 4,
lChap. 80, Sess Laws, 1887, and on September
~ 1887, an ordinance was duly passed and
published for the improvement prayed for,
BHd subsequently the street was graded In ac-
Uordsnce Herewith and the cost thereof
ascertained against each lot, according to the
appraised value Of the lots contained in each
block separately; and notice given to the
owners Of ia abutting property on the 10Th OF q
that the same could be paid in thirty days
and like notice was given on the 25th OF
August, 1883, for payment OF the Improvement
na or before September q, 1888; and the plain
tiifs made no objection to such assessment, or
ne manner thereof, and did not attempt TO
eniOin or otherwise interfere with the collec-
ton Of the same, until August, 1891 and at
chat time only made q demand upon the
mayor and COuncilmen of the city for q re-
length OF the street 80 improved, according to
The provisions OF the statute, and then de-
layed commencing legal proceedings TO COM
bel such reappOrtionment until August q,
1892. Held, That as the plaintiffs at one time
had plain and adequate remedy by inJunc-
ton, to prevent the collection Of the erro-
neous assessment, of which they did not avail
themselves, and as they have been guilty Of
great laches in making their demand for re-
epportlontment OF the same, the writ Of man
damus prayed for will not now be granted.
All the justices concurring
MAttest: c. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
GIL.
Vernon J. Miller VS.. A. E. McElwain.
Error from Barber County.
REVERSED.
BY THE COURT.
SYLLABUS.
HoRToN,C.J.

SYLLABUS. Blythe COURT. HORTON, G. ].
Where the holder Of q chattel mortgage,
under his mortgage, takes possession OF part
Of the personal property mortgsged, but
makes no sale or disposition thereof, as pre-
m0rtgagor for the actual value Of the same, at
the time and place Of taking possession there
Of; but where the MORTGAGE. or anyone in
possession, claims that the property thus
taken by the mortgagor equals or exceeds the
mortgage debt, the burden is upon him to
prove such fact. If the value equals or OK.
ceeds the full amount Of the mortgage debt
the mortgage is satisfied thereby, and no other
seizure can be had under the mortgage, or in
repleVin action founded upon the mortgage
All the justices concurTtng
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11

Sam P. Jones, The ArgRntine Board Of Trade
Association, et al, vs. The Board Of Trade Of
Kansas City, Kansas.
Error from the Court of Common Pleas Of
Wyandotte County.
The advocate and Topeka tribune., 1893-10-11
George Davis, Sheriff, ETC., VS.. c. c. Mccarthy.


George Davis Sheriff, ETC., VS.. G. c. Mccarthy.
Error from Jefferson County.
AFFIRMED
SYLLABUS. Blythe COURT. JOHNSTON, J.
l. A creditor may, to protect himself and
secure his claim, purchase from q failing
debtor his entire stock Of merchandise, pro,
viding that he acts in good faith and pays
fair price for the same.
q AS the record does not purport TO contain
all OF the instructions given by the court, or
all that were given upon any particular branch
Of the case, the objections attempted to be
raised thereon cannot be sustained.
g. The findings and verdict of the court sx-
amtned and found to be sustained by sufficient
evidence.
All the justices concurring.
true copy.
Attest: G. J. BROWN,
[sEAL Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
$780,
D, W. Holderman ct al vs.. Jane Jones.
Error from Usage County.

D, W. Holderman ct al vs.. Jane Jones.
Error from Usage County.
AFFIRMED.
SYLLABUS. BY THE COURT. HORTON, G.
/. 1t is the general rule that neither ignor-
ance, mistakes, nor the Misrepresentation Of an
attorney, not occasloned by the adverse party,
Is any ground for vacating o Judgment or
granting new trial Neither will relief be
Ordinarfally granted by the way Of q new trial
on the ground that the attorney through de-
sign, ignorance or negligence mismsnaged the
defense.
3. The negligence Of the party is no ground
for o new trial. The negligence Of the attor-
ney Is the negligec ce of the party.
g. court or judge, upon motion to dis
solve temporary injunction, is not compelled
to refuse consideration Of the same until the
final trial Of the cause, merely because it ap-
pears from the face Of the petition that no
cause Of action Is therein stated and that,
therefore, the temporary injunction was i'm
providently allowed.
All the justices concurring
A true copy
Attest G. j. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
6Sl2.


C. Aultman & Co. VS.. Phillip Miller.
Error from Rush County
AFFIRMED.
SYLLABUS BY THE COURT. JOHNSTON, J
1. In an action involving the questions
whether machine sold was as represented by
the seller, and whether there had been re-
turn Of the machine by the purchaser and
rescissio Of the contract. Testimony that
the seller had received Ii back and sold 1t to
another in substantially the same condition
six years afterwArd, and that IL was then de-
fectlve In construction and therefore unfit for
the use for which 1t was intended, Is admisSa-
BILE In evidence az tending to show that 1t was
defective and unft for use when first sold.
2. The lapse Of time In Bach case tends to
weaken the testimony but does not render IL
incompetent.
& Where grounds for RECESSION Of q contract
exists and party desires to avail himself Of
The advocate and Topeka tribune., 1893-10-11
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, J..
Property was attached at the instance Of
several creditors, two Of whom are cOntending
for priority. Under an order Of the court, the
attached property was sold, and the proceeds
brought into court and placed in the hands Of
the clerk to await its further order. After the
levies were, made, one Of the contesting credii-
tors, whose levy was first in point Of time, vol
unfairly dismissed his action, and began
another in which he sought to gGrnish the
funds in the hands of the clerS Prior to this
time, and to thB dismissal OF the former &C
tion, the debtor assigned and transferred all
his right and interest in the funds in the
hands Of the clerk to the other contesting
creditor. Held, that as the assignment and
transfer were made in good faith, they became
effective as against the first attaching creditor
upon the dismissal Of his action, and gave to
the second attaching creditor the superior
claim and right to the funds in the hands Of
the clerk.
All the justices concurring.
A true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11
The Chicago, Kansas and Nebraska Railway
Company vs.. John Ellis.

The Chicago, Kansas and Nebraska Railway
Company vs. John Ellis.
Error from Thomas County,
REVERSED.
SYLLABUS. BY THE COURT. HORTON, C.
/. Where the award OF commissioners, ap-
pointed to assess damages for the right-of-wsy
of o railroad company, gives to a person in
possession OF the land, a part Of which Is ap-
propriated, and having life interest therein,
gross sum for compensation as the owner
thereof, such person may appeal from the
award and he viii not be required to join with
him in his appeal the owner Of the legal title
Of the land.
q Upon the trial Of the action upon such an
appeal, the party appealing can only recover
damages for such an interest or estate in the
land--as he can establish in himself.
g. In no case can either the husband or wife
testify concerning any communication made
by one to the other during the marriage. Sec.
S2S, civil code.
Note-As corrected upon re-hesring at the
October sitting Of the court for 1S93
All the justices concurring.
true copy.
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-10-11
6734.
Anna Dreese VS.. Willis A. Meyers.

Anna Dreese VS.. Willis A. Meyers.
Error from Ellis County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON, ].
l. A motion for new trial Is not necessary
to review Of proceedings had upon motion
to set aside sale Of real property.
2. The provision that the homestead shall
contracted for the purchase Of the premises or
for the erection Of improvements thereon will
not include q debt created by borrowing
money from third person whore there is no
specific agreement or understanding that the
money 80 borrowed Is to be used in the pur-
chase Of the homestead or the erection of i'm
proVements thereon.
All the justices concurring.
A true copy
Attest: G. J. BROWN,
[sEAL] Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11

State Of Kansas VS.. Joseph Nusbaum.
Appeal from Marion County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON ].
Where the language used by counsel in srgu-
ment Is deemed prejudicial, the attention Of
the court should be challenged by proper OBJ
Court court: and generally when this is not done, no
review of the question can be had.
All the justices concurring.
true copy.
Attest: @. J. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-10-11
911Cl.

State of Kansas vs. A. J. kirkpatrick.
Appeal from Jackson County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON, ].
A county attorney is not required to file with
an information charging violations Of the pro-
hibitory liquor law all the statements Of wit
nesses taken before him In preliminary
inquiry pursuant to paragraph 2543, Gen. Stats,
1889, but only such Of them as di iscloses the
fact that an offense has been committed; and
the failure to file them viii not abate the &C
ton, nor furnish ground for quashing the In
formation or discharging the defendant.
All the justices concurring.
true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-10-11

67T.
H.M. Brook vs.. NJ. league. ct al
Error from Bourbon County.
AFFIRMED.
SYLLABUS BY THE COURT. HORTON, c. ]
1. Parol evidence Is admissible as between
the original parties Of q negotiable note to
show fraud, and 80 as to third parties with no.
tice, or without having paid value.
2. IL the maker Of negotiable note proves
that there was fraud in Ithe inception Of the
instrument, or II the circumstances raise a
strong suspicion Of fraud, the owner must
then respond by showing that he acquired 1t
bono dde for value, in the usual course Of busi-
ness, while current, and under circumstances
which create no presumption that he knew
the facts which impeach its validity.
3, When a purchaser of q negotiable note
takes it under circumstances showing bad
faith, or with knowledge that the maker has .
The advocate and Topeka tribune., 1893-10-11

Charles Howard VS.. Woodward, Fsxon & Co.
The advocate and Topeka tribune., 1893-10-11
6SI1.

Joseph G. Greenwalt vs. A. S. Wilson, as re-
cefyer Of the First National Bank, of Green
leaf.
The advocate and Topeka tribune., 1893-10-11
SYLLABUS.
6SC)2.

Tootle, Hosea & Co. vs.. Joseph Calm & Co.
Error from Clark County.
REVERSED
The advocate and Topeka tribune., 1893-10-11

B. N. Simpson ct al, vs.. The City Of Kansas
City, ct al.
The advocate and Topeka tribune., 1893-10-11
WRIT DENIED.

original Proceeding in Haboas Corpus.