davidaulloa/AmericanStories huggingface dataset:
The morning call., 1893-06-19
Walked Into the Tran.

George Grussendorf. c. H. Landenhemer.
Joseph Wal and Carl Kalin, who live at
Baden. drove into the city yesterday after
noon. They had evidently been driving at
furious rate. as when Special Off Ger
Wadham observed them on Market street,
neal Powell. the horse was hardly able
to walk and was covered with foam. He
placed the four under arrest but they all
got away except Grnssendorf. On the way
to he prison Grussendorf used vulgar and
insulting language to the officer and was
booked on TWO charges, cruelty to animals
being booked at the prison the other three
came to the doorkepper and asked to see
him. Wadham was informed of the fact
and politely asked them to step inside,
when to their amazement they were also
booked on the charge of cruelty to
animals
The morning call., 1893-06-19
BETROTHALS.

Announcement is made of the engagement of
Miss Gertrude Bailey and Harry Haight
Miss Ele nor l.. Earle and Robert Bonner of
Berkeley will be united in marriage to-day at
The residence of the brides parents, Mr.. and
Mrs = A Earle, Ala Steiner street.
The engagement Of Gavin d. High. formerly
newspaper man OF this city, and Miss Lillian
Rely of Winchester. Va. is announced. The
bllde-elect Is The daughter OF the late William
hlely, formerly editor of the Winchester Times,
ana Is an amateur vocalist and pianist OF con-
siderable local repute MI. High has left the
Lillian Russell Company to return 10 Journalism
in New York
The engagement is announced OF Miss Ro-
setta Moses OF Cleveland, Onio, formerly OF this
city, to Jacob Kahn OF NOrwalk. Ohiu.
The wedding OF Miss Mary Doble, daughter
OF MIR. ana Mrs. Abner Do6le, and Edward
Hill, son or SIr. and Mis-. Francis HI Will lake
place al the residence of the BRIDES parents on
Wednesday, June IS.
The engagement is announced of Miss Fannie
Heller of Spokane, WASH, and Milton W.
RoSenOlatt of the Rosenblatt Company of this
city.
lie betrOthal is announced OF Miss Rose Siy-
erSteIn ana Albert Samuels of This city.
Miss hate H. Young, the accomplished and
beautlful daughter of MIR. and Mrs B. II
Young, and Arthur II. Barenut well-known
newspaper writer. are 10 be married at the
nome OF the brides parents, 1923 Schiller
stre, I, on Saturday, June "a The wedding
VIII be q very quiet
The morning call., 1893-06-19

Azalea at Camp TAYLOR are: MIR. and Mrs. j..
l.. Hofmann. Miss Hofmann. Mrs. A. Hestal
Miss Josie Cronin. G. o. Favor, E. L. Favor, l..
/. Hail. John Mayo. Miss Maggie Donohoe. E..
%. Burton Miss rerese Crowley, Henry Hahn,
Miss Anna Fish. w. Z. Doom. Miss nj. j.
Reiley, Il. Fl. Roeder, G. A. Suden, R. 2. Doh
erty, r. Wirthinger. Mr. and Mrs. Ii. d. HUT,
E. Gojeti and c. Bunger.
Among those who visited White Sulphur
Springs last week were Henry Pierce and
party, Mrs. NJ. l.. Mcdonald, Miss Blythe Nc.
Donald, Mr.. and Mrs. James de Veuye. j. +.
Smelling, John Casey, p. Rehfisch and George
Z. Little of this city, Miss Aiken of Berkeley.
Miss l.. PinKham and Mrs. &. S. Trickell OF
The morning call., 1893-06-19
FRATERNAL SOCiALS.

Company c, Uniform Rank. Ancient Order of
Foresters. gave very enjoyable bali at Odd
Fellows Hall last S turd2y evening The
members of the company marched to the hall
headed by band and escorted by Company C.
Naval Battalion, n. G. c. There was very
large attendance. During the evening the cem-
nany was presented with an elegant banner.
costing $500, b. Court Franklin and Franklin
Circle. John Falconer made the presentation
speech. and it was responded TO by C. +. Burg
man. The bail was kept up until late hour
and every feature OF it was pleasant.
The committees in charge were as follows :
Committee OF arrangements-A. V. Lambert.
f. FL. kimball and A. G. Heyl; reception COM
m1ttet, Company q, Uniform Rank; floor man
ager, +. I. Mann; assistant floor manager, A.
q. HeyL
Knights of Pythias.
The ball and banquet given By The brigade
OF the First Regiment of the Uniform Rank.
Knights of Pythlas, on Friday evening In B'nai
Birth Hall, was most successful affair.
Brigadler- General +. A Merguire and staff.
Colonel Creighton and staff of Fresno. several
cantons of Odd Fellows and the uniformed
rank OF Red Men were all presen In full
regaia.
There was good. attendance at the ball,
about enough 10 make 1t pleasant without
crowdlng, and the different uniforms blended
beautifully with the rich dressing of the fair
sex. After he usual order of programme,
which continued until about - 80 A. NJ, som e
OF the party adjourned TO restaurant, where a
banquet had been previously arranged in honor
of the visitors from Fresno. After partakiug of
the sump uous repaSt Colonel Morosco acting
as POSTMASTER. called upon tie following, who
responded very appropriately TO the toasts
presented: Colonel J. c. Lohmyer. Colonel
General T. A. Merguire Colonel A
w. Hiilard, Colonel A. l.. Burks, Captain
,Justie and Sergeant Moran of Fresno. CAPTAIN
j. O'Neil, Captain johnson, Captain Hoffman
Captain Bonrneman. Captain Delamure, Lieu
tenant Kidd and Sir Knight Pne.
Sir Knight I. H. WagsUaf favored the gather
Ing with q song, ana j. NJ Smith responded to
the toast, ''Our Friends" The following ladies'
were present: Mrs. +. 4. Mcrguire. Mrs. Kidd,
The morning call., 1893-06-19

BY degrees the city Is becoming deserted and
familiar faces are missed from the streets. Re-
ports from many watering places and resorts
show where the people have gone to- so a re-
view OF the personal column will show where
many absent friends are. The various social
events of the week and announcements for The
future are also given publicity.
The morning call., 1893-06-19
NOE VALLEY SNU BBED.
The School Board Fails to Recognize
Its Claims.

Its Claims.
Noe Valley taxpayers are not at all
pleased with the reception which the COM
mittee sent by them to the Board of Edu-
cation received on last Wednesday night
when making request for new school
h oIise.
George W. Mcpherson and VIII lam Lin
den. who waited on the Board of Educa-
ton, returned with a somewhat iessened
opinion of the School Directors. 1t is de-
clared that the chairman OF the board,
Director Hyde, informed them in a very
forcible manner that he and not the tax
payers was running that department of
city government
The Noe Valley residents will have to
be content with the building of an annex
to the James Lick Primary School, at
Twenty-fifth and Noe streets. For mopths
past some 200 children have been given in
adequate school facilities in rented and di-
laridated frame buildings on Twenty
fourth and Castro and at Twenty-sixth
and Noe streets.
The morning call., 1893-06-19

Mrs. Gilman, Miss Grogan and Miss Gertrude
Hill. After speaking and singing this merry
party took their departure about $3.50 A. M, all
well pleased with the entertainment.
The morning call., 1893-06-19
Ladies Visiting

Summer resorts and the country will fnd II
"Camelline" certain preventive and remedy
for the distressing effects of poison oak, sun
bDrn.
The morning call., 1893-06-19
No Need to Wait So Long.

New York Tribune.
1t Is said that public reader of some repute
making tour through the West, happened to
have an audience one night in South Dakota
town, whose "nustling" spirit created demand
for anything from Sunday dog fights 10 lectures
on esthetcs. The house was packed and
the readers efforts were followed with
marked attention. Several selections had
been well received, when some of tue
shorter poems OF Arnold were announced.
Probably few of the auditors knew who Mat
thew Arnold was or what 10 expect from the
next number on the programme, but they had
been hearing some good old sOul-strriEg verses
aud interest was keyed to a high pitch. 1t
chanced that the reader started with "Youtl's
AgitatioDs," beginning when / shall be
divorced some ten years hence" He paused
for breath. and In an instant voice in The gal
lery shouted: "Ten yearsi Come out TO Dakota
an yer can git one in TWO weeks"
There is reported to be much complaint
in England at the poverty Of the clergy.
The 5552 benefices in England and Wales
afford yearly income of less than $1,000 to
the ncumbents
The morning call., 1893-06-19
MISCELLANEOUS.
DYSPEPS SgA,

The Symptoms: His%g Hs;s Of q 4DDfStt5s f5dS;; ;
Heartburn. DtStention Of the Stomach.
Heartburn, Bad Breath, SleepIessHeSs,
Lou Spirits and general pr0stration.
Dyspepsia is frequently attended NTH
Constipation, but sometimes Nth Diar-
rhRd.
The morning call., 1893-06-19
Does It Wear Well ?"

A practical nation they say are we;
whether we buy house or key
A carpet. dress or a caramel.
We ask, ''does it wear well?"
And nothing more sensible could be heard,
Ambition, thrift. energy lurk In each word
He is wise man of whom they may tell,
He asks. "does 1t wear well?"
There's nothing wears better than sozoDoNT
sweet;
neat,
And all who have used it costantly dwell
On the fact, ''it g0ears tUell."
The morning call., 1893-06-19
Ask for Sozodont

If you want dentlfrice-as you probably do
which will protect your teeth from decay and
render them white. SOZODONT is IN vogue
with the professions which of all others are
called upon TO display their teeth the mOst-to
wit, the musical and dram attic. 1t Is especially
attractive with the fair sex. a portion of The
community who make a point OF looking at
tracive. The breath is rendered delightfully."-
fragrant by SOZODONT, which Is certainly
desideratum TO persons Of fine tastes. Sold by
chemists, 2s. Cd.
The morning call., 1893-06-19

very pretty double wedding took place in
this city lass Monday evening at the residence
The advocate and Topeka tribune., 1893-06-14

/. A trial court has ample power, where it Is
apparent that injustice may be done, to grant
q continuance in case called for trial, when
the Judgment Of another case pending In the
supreme court for review Is about TO be used
as conclusive evidence or an estoppel.
2. Where an action Of replevin was brought
by plaintiff against o defendant, and the
defendant files an answer alleging former
judgments between the same parties as res
adjudicatd, and the plaintiff has taken those
cases upon proceedings in error to the Su-
preme Court for review, and has given sufi-
Cient supersedeas bonds, and has also OBJ
tanned an order from the district court
rendering the judgments, staying all things
pending the determination Of the Supreme
Court in the actions" and the plaintiff applies
to the trial court fora continuance, until such
in error are disposed of, and after
this motion is overruled, asks permission to
dismiss the case without prejudice, and after
this is also oVerruled, is defeated on the trial
upon the plea of res GdjUdicGtd by the former
judgments. Held, That the plaintiffs rights
were prejudiced by being forced into trial,
and that the trial court abused its discretion
in not continuing the hearing Of the cause,
until after the cases pending in the supreme
court were determined.
All the justices concurring.
A true copy -
Attest: G. J. BROWN,
TsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-06-14

Where a creditor, having accepted from his
debtor In good faith, to secure an existing in
debtedness to him, o chattel mortgage upon q
is not recorded, obtains the key OF the store
containing the stock Of goods and takes actual
possession OF all Of such goods, and while in
such possession, invoicing the stock, Is found
hands to levy, and theFeupon such mortgage
at once informs the sheriff Of his possession Of
the stock Of goods under the mortgage, and
the sheriff demands Of him the possession Of
the same and takes from him the key Of the
store and then makes a levy on the stock.
Held, That the chattel mortgage, with the
actual possession Of the property obtained
Hereunder by the mortgage, Is q prior lien
Of creditors.
All the justices concurring.
true copy.
Attest C.. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-06-14

actual possession Of the property mortgaged
at the time of the levy of the attaching Grad.
itor. Par. 1908, genl stat. 1889, Ramsey vs..
Glenn, S3 Kas. 271: Jewell VS.. Simpson, IS Kas =,
4; The evidence in the case examined. and
made by the district Judge in favor Of the
attaching creditor.
All the justices concurrinR.
true copy.
AttesG; G. ]. BROWN,
tsEAL1 Clerk Supreme Conrt
The advocate and Topeka tribune., 1893-06-14
g(li7.

w. 7. Bland vs. Charles w. Jackson, Council
man and President Of the Council OF the city
of AtchisOn, D. L, Miller, ct al.
Original Proceeding in Mandamus.
Motion to Quash.
OVERRULED.
SYLLABUS. BY THE COURT. HORTON, c. ].
/. The mayor and council Of city OF the first
class may, by ordinance, provide for contest
ing the election Of any person to any city
Office, but the rules or bylaws adopted must
not conflict with the laws Of the state,
2. city council when organized for the
trial OF contested election over city office,
Is o tribunal exercising judicial functions,
and petition in error will lie from Its de-
cisions to the district court.
3. Itis the duty of city council organized
for the trial Of contested election case, to
settle and sign correct bill of exceptions so
that its judgment may be reviewed, but its
decision as to the truthfulness Of bill, like
that of q trial Judge, Is conclusive and final
OF course, In settling bill OF exceptions the
trial judge or tribunal hearing the case should
act fairly and impartially and state fully the
truth in the bill signed.
All the justices cOncurring
A true copy. -
Attest G. ]. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-06-14
The Cimarron Land Company vs.. Belle Barton

The Cimarron Land Company vs. Belle Barton.
Error from Gray County,
REVERSED.
SYLLABUS BY THE COURT. HORTON, c. j.
The Cimarron land company entered into a
written bond or contract with Mrs. Belle Bar
ton as follows: "KnOW all men by these pres
ents that the CimarrOn Land Company, a
corporation duly organized under the laws of
the state Of Kansas, acknowledges that the
said CimGrPOn Land Company Is indebted to
Mrs Belle Barton, of the town Of Cimarron,
Kansas, in the sum Of $5.OOO the payment Of
which we bind said corporation to well and
truly pay as hereinafter provided.
CORPORATE SEAL G. H. BEERY, Secretary.
Attest. H. H. URLAND, Vice President.
The written bond or contract was cOndi.
toned that the company would purchase
block 4S In the CimArTOn addition to the city
of CimarrOn, and convey the same by war
ranty deed to Mrs. Barton on or before Janu.
ary /, 1888, upon the payment Of 800. Held
That the amount stated in the bond or con.
tract was nothing more than penalty. For q
breach Of such bond or contract, the recovery
must be limited to the actual damages proved
All the justices GOncurring.
A true copy.
Attest C. ]. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-06-14
S6l5.
State Of Kansas vs.. Hugh O'Neil.
Appeal from Marion County.
AFFIRMED.
SYLLABUS.

SYLLABUS BY THE COURT. HORTON, G. ].
Where murder may have been committed
by different means and 1t Is doubtful which
was employed. It's commission by all may be
charged In one count OF the information, and
proof OF any one will sustain the allegation,
but the means so charged in the same count
OF the information must not be repugnant.
g. Ill treatment and previous assaults by
husband Of wife are admissible to prove mo-
tive In cases of marital homicide.
g. In addressing the jury In criminal cause,
counsel may be allowed, in the discretion OF
the trial court, to read from standard works
on matters Of science and art, when pertinent,
by way OF argument or illustration, but 1t
would be an abuse Of this privilege to make 1t
the pretense Of getting improper matter be-
fore the jury as evidence, or to present matters
of law conflicting with the instructions OF the
1. Voluntary intoxlcation is no justification
or excuse for crime. State VS.. Marlborough, 80
KRs, 5S1.
s Under statute establishing degrees Of
the crime Of murder and providing that wilful,
deliberate and premeditated killing shall be
murder in the hrst degree, evidence that the
accused was intoxicated at the time OF the
killing Is competent for the consideration OF
the jury upon the question whether he was In
such O condition of mind as to be capable Of
deliberate premeditation.
6, Where person ut the time Of the COM
mission of an alleged crime has sufficient mem
tai capacity to understand the nature and
quality Of the particular act or acts constitu-
ting the crime, and the mental capacity to
know whether they are right or wrong, he is
generally responsible II he commits such act
or acts, whatever may be his capacity in other
particulars; but II he does not possess this
degree Of capacity, then he is not so respOn-
sible. State vs.. Nixon, 80 Kas., 2O5 State vs.
Mowry, 81 Kas. 360.
All the justices concurrlng.
A true copy. ...
Attest: Gu. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-06-14
6478.
The Standard Implement Company vs.. ParlIn
& OrendOrff Company.

The Standard Implement Company vs.. ParlIn
OrendOrff Company.
Error from Barber County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, C.L
/. A debtor, even II insolvent, has a right IN
prefer one creditor over another and Ii such
creditor accepts from his debtor In good
faith and with no fraudulent or wrongful pur-
pose chattel mortgage covering his stock of
goods, 1t will be valid, Notwithstanding It NAV
deprive another creditor Of property with
which to pay his debt.
2. The fact that debtor in failing circum-
stances, without the knowledge of the creditor,
executes and sends to q register Of deeds
chattel mortgage upon his stock of goods to
secure an actual existing indebtedness,
thereby preferring the creditor accepting the
mortgage, over another creditor, does
not necessarily or cOnclusiVely show that
there was cOllusiVe and fraudulent under
standing between the debtor and creditor, for
the benefit OF such creditor, before the execu-
t1on or filing of the mortgage.
3. 1t does not necessarily or cOnClusiyely
follow that there was q collusiVe and fraudu-
lent understanding or agreement between q
preferred creditor and his debtor because the
creditor, who has been preferred by his
debtor over other creditors by chattel mort
gage upon his stock Of goods, soon afterwards
permits such debtor, under @ written con-
tract as agent, to sell and account for goods in
his possession and belonging to the creditor
All the justices cOncurring.
A true copy.
Attest c. ]. BROWN,
lsEALJ Clerk Supreme Court.
The advocate and Topeka tribune., 1893-06-14
6IOl
The Standard Implement Company vs.. Parlin
& OrendOrff Company.
Error from Barber COu.
AFFIRMED.
BY THE COURT.
SYLLABUS.

1. Where a person other than the defendant
files a motion to discharge property from the
levy OF an attachment, upon the ground that
he Is the owner thereof, or has special in
.terest therein emitting him to the possession
Of the same, and it Is not alleged in the mo-
tion that the affidavit for the attachment Is
untrue, or that the proceedings are In any way
irregular, the burden Is upon such person or
claimant to prove the allegations OF his mo-
ton, and the court hearing the same may
properly require such claimant to first pro-
duce his evidence.
2 Where person, without the knowledge OF
the mortgagee, executes and sends Dy mall,
on Saturday, April 1S, 1889, chattel mortgage
upon his stock Of goods and merchandise 10
register Of deeds, with direction to keep en-
closed in your possession" and the MORTGAGE
on the next day, sunday, April IA, calls upon
the register Of deeds outside OF his once ana
obtains the chattel mortgage, and then &C
cepts the same; and thereupon redelivers the
mortgage to the register OF deeds, requests
him to file 1t in his office, and pays him his
fee therefor and the register OF deeds on the
following morning at 2 o'clock, Monday, April
Is, files the mortgage in his office, such mort
gage as against creditors OF the mortgagor
and subsequent purchasers cannot De con-
sidered as deposited in the office OF the regis
ter of deeds until Monday morning, when
such register takes the mortgage to his once.
s. chattel mortgage not deposited In the
Office Of the register of deeds is absolutely
void, as against an attaching creditor OF the
mortgagor, where the mortgage Is not IN
The advocate and Topeka tribune., 1893-06-14
S728.

City of Kinsley vs. August Sire.
Appeal from Edwards County.
DISMISSED
SYLLABUS. BY THE COURT. JOHNSTON, ].
Upon an appeal to the supreme court taken
by the state or city from a Judgment of the
district court quashing an Indictment, in
formation or complaint, a full and complete
transcript Of all the proceedings in the dis
trict court Is essential.
All the justices 0oncurrinR
A true copy
Attest G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-06-14
66O).
Salt Greek Township vs. The King Iron Bridge
and Manufacturing Company.
Error from Lincoln County.
REVERSED.
REVERSED.
SYLLABUS.

SYLLABUS BY THE COURT HORTON, G. j.
l. The officers Of a municipal township are
not empowered, under paragraphs 4l3-442,
General statutes 1889, to issue bonds Of the
township In any sum greater than per cent,
inclusive OF all other bonded Indebtedness Of
the township of the taxable property thereof
for the purpose Of building or purchasing
bridges Session laws 1872, chapter 6S, section
session laws 1874, chapter 80, section l.
2 Where the officers Of municipal township
submit proposition to the voters of the town
ship for building or purchasing a bridge and
the Issuance OF bonds, such proposition, to be
the election. IL less than 3-5 Of the votes are
in favor Of the proposition, such proposition
Is defeated. Par. 42l, general statutes Of 1889;
session laws 1872, chapter 6S, section Q; session
laws 1874, chapter 80, section 4.
have no authority under the provisions Of the
statute to build or purchase a bridge, con.
tract made by them with bridge company
for the building OF bridge, Is void.
4. Where the officers of municipal township
are without any power to make contract for
the building or purchasing Of bridge and
without any power to create liability for
bridge against the taxpayers OF q township
but in violation Of the provisions of the
statute, q contract Is made with bridge com.
pany for the construction of a bridge in the
township, and such bridge, after being COM
pleted upon public highway within the
township, Is accepted by the township board
and Is used by the public generally, the town
ship is not liable upon the contract or for the
reasonable value OF the bridge, IL the public
records Of the township fully disclose all the
facts in the case and the contractor furnish
ing the bridge has in no way been mis- led or
deceived by the records of the township board.
Those dealing with township must see to IL
that Its officers have power to act IL all the
facts appear upon the face OF the records OF
the township.
All the justices concurring.
true copy.
Attest: G. J. BROWN,
lsEALl Clerk Supreme Court