davidaulloa/AmericanStories huggingface dataset:
The advocate and Topeka tribune., 1893-12-13
Error from Butler County.
AFFIRMED.
SYLLABUS.
BY THE COURT.

SYLLABUS BY THE COURT. HORTON. c. j.
/. II a person signs his name as surety to an
official bond, which Is blank as to the amount
Of the penalty, and then entrusts such bond to
another, and such bond afterwards Is filed up
and then presented by the principal, or any
one for him, to the proper officers for approval
and Is accepted Rs an official bond OF the prin-
cipal; Held That such bond 80 accepted, is
prinG tGcte evidence that 1t was filed up, or
completed. with the authority Of all the parties
thereto; Held further, That IL such bond was
OF penalty therein, without the authority,
consent, or knowledge Of the surety, such
surety cannot complain, because by his own
act or negligence, he enabled the principal, or
someone for him. to have such bond approved,
accepted and filed as an official bond.
2. township treasurer by accepting the
office, assumes upon himself the duty Of re-
ceiving and safely keeping the township
money, and Of paying 1t out according to law,
and IL Is no defense for such treasurer or his
sureties, when sued upon the official bond for
o balance unpaid, that he kept the township
money on deposit in bank with the knOWl-
edge and consent of the township board that
the bank suspended: that the clerk of the
township filed q claim with the assignee OF
the bank for the township money and received
Q certificate therefor; that subsequently a
dividend was paid and accepted by the town
ship, which, however, left the balance due from
the treasurer sued for.
All the justices concurring.
A true copy.
Attest: Q. ]. BROWN,
lsEAL Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13
Everton Doom and G. Webb Bertram vs.. An
drew Curran.

Everton Doom and G. Webb Bertram vs.. An
drew Curran.
Error from Norton County.
MODIFIED.
SYLLABUS. BY THE COURT. JOHNSTON, J.
/. Where parties by mistake convey land to
which they have no title, the measure of dam
ages ordinarily is the consideration paid and
interest thereon. The expenses Of the vendee
for railway fare and hotel bills while attempt
ing to make q settlement with the vendors
cannot be properly included in the damages
allowed against the vendors.
2. The evidence examined and held to be
sufficient to sustain right Of recovery in the
vendee.
All the justices concurring.
A true copy.
Attest: c. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

G. H. Deford, sheriff. etc. vs.. W. H. Orvis.
Error from Greenwood County.
AFFIRMED.
SYLLABUS. BY THE COURT. HORTON, G. ].
l. Error Is not to be presumed, but in all
cases where 1t Is alleged, 1t must be sfirma-
lively shown.
2 Where 1t Is not shown by record, that the
motion for new trial was fled within three
days after the Judgment was rendered. the SUI
preme court cannot say that the district court
erred In 0ver-ruling the motion.
All the justices concurTing.
true copy.
Attest: G. ]. BROWN,
tsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

Jacob Leu & Sons vs.. Mayer, Sells & Co.
Error from PsWnee County.
REVERSED.
SYLLABUS. BY THE COURT JOHNSTON, J.
The mere declarations or acts of supposed
agent not accepted or approved by the alleged
principal are inadmissable to prove agency;
and where the authority Of an agents at issue
an instruction that where third parties be-
that he had authority and acted upon that
belief the principal would be bound, is error.
All the justices concurring.
true copy.
Attest: G. J. BROWN,
[sEAL] Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

694O
Mccormick Harvesting Machine Company vs.
Nathan Lewis.
Error from Russell County.
REVERSED.
SYLLABUS. BY THE COURT. JoHNsToN,J.
A sale Of property was made upon credit and
a note taken from the vendee which contained
. stipulation that the title to the property for
which IL was given should remain in the ven
dor until the note was paid, and sfterward,
the vendor, recognizing title in the vendee,
applied for and obtained from the vendee o
mortgage upon the same property to secure
the payment Of the note. Held, That the
parties thereby elected to treat the sale as
absolute, and that the ownership Of the prop
erty was In the vendee, subject to the mort
gage lien which he had given.
All the justices concurring
true copy.
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-12-13
Published December 1S, 1898.
Supreme Court Sylabi
Helen H. Carlton vs.. Lille p Burleigh ct al.
Error from Sedgwick County.
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE COURT. HORTON, c. J..
B, deceased, in his life time, was married
three times. By his first wife he had one
child. By his second wife he had one child.
By his third wife, surviving him. ne had lve
children. He died intestate in this state At
his death, one-half In value of his real estate,
not necessary for the payment Of his debts,
descended in fee simple TO his surviving
widow, the other half of his real estate de-
scended to his seven children equally, being
all Of his children by his three wives Held,
also that uponthe death of his surviving widow
her estate descended to her own children.
All the justices concurrlng
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

Douglass township, Butler county, Kansas.
The advocate and Topeka tribune., 1893-12-13
9lAS

The state OF Kansas vs. D. L. Pierce and Jas
Stranathan.
The advocate and Topeka tribune., 1893-12-13
Cyrus Webb VS.. The Board Of County Commits
sioners Of Butler County, Kansas, ct al.
Error from Butler County.
AFFIRMED.
SYLLABUS BY THE COURT. JOHNSTON, J.
SYLLABUS.

l. The statutory provision concerning the
vacation Of public roads on account Of nom
user was adopted from an Ohio statute after it
had been judicially construed in that state,
and that construction must be held to have
been adopted here
q A public highway legally established, or
dered to be opened, and one-half Of which at
least was unobstructed and used to some ex
tent for public travel, is not an unopened road
within the meaning Of paragraph 5516 Of the
general statutes of 1882
8. The fact that an adjoining land owner,
over whose land one-half Of the road was laid,
encroached upon the highway with Q fence or
by cultivation and use. will not lessen the
right Of the public to use the entire width Of
the highway when the increased travel and
the exigencies Of the public make Unnecessary.
All the justices concurTtng.
true copy.
Attest: G. J. BROWN,
SEAL Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

The First National Bank of Concordia, Kansas,
vs.. George Rowley.
Error from Cloud County.
REVERSED.
SYLLABUS Blythe COURT JOHNSTON, J.
Under the revised statutes OF the United
States, sec. 519S, which authorizes the person
paying usurious interest to a national bank to
ioint ~ nota ON iIa,l u
est Is charged, cannot recover the penalty
from the bank where the illegal interest was
paid by the other maker.
All the justices concurring.
true copy.
Attest: G.. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

Edward F. Winterburg vs.. Frances NJ. Winter
burg.
Error from Barton County.
REVERSED.
SYLLABUS Blythe COURT. JOHNSTON, ].
/. In an action for divorce upon the grounds
Of extreme cruelty the acts relied on TO con-
stitute such cruelty should be alleged in the
petition with reasonable particularly.
2 Where they are so alleged the admission
In evidence Of an entirely new state Of facts
from those disclosed In the petition, over the
objection OF the opposing party and without
amendment, and the granting Of q divorce for
such new causes Is reversible error.
All the justices concurring
A true copy
Attest: GU BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-12-13

MODIFIED AND AFFIRMED AS TO PIERCE
AND REVERSED AS TO sTRANATHAN.
The advocate and Topeka tribune., 1893-12-13

George W. Washburn VS.. Charles H. Buchanan,
etal
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16
Cheap Literature.

One of the most interesting things
about dime novels and summer litera-
ture is the way they are made. There
is an establishment in New York
which prints 5000 novels an hour.
They have a machine consisting of two
cylinders, on each of which la pages
may be screwed, and as the long strip
of paper goes through, first one side is
printed and then the other, making it
possible to print 2Ss pages at every
revolution. The strip of paper, after
being carried over rollers which dry
the ink, is cut, folded and brought to-
gether in the shape of a small volume,
with the edges all trimmed. Every
time the great cylinder goes around a
novel is printed, folded and trimmed,
and 5000 of these are turned out every
hour, while, if it were necessary, 1000
or 5000 might be the quota. The COW
ering does not take long. fifty being
the average for a minute. The paper
costs nearly five times as much as the
printing, and mounts as high as two
cents novel. The whole cost for the
mechanical construction of these books
is not more than three cents apiece.
The most laborious part is the writing
and reading of them.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16
SHERIFF'S SALE.

state of Kansas, Trego County, ss:
Elizabeth P. Soule, plaintiff,
Luther A. Bickford, Annie Bickford, James A. Mel
son and The Abilene Mortgage company, de-
PENDANTS.
Public notice is hereby given that by virtue of an
order of sale to me directed and delivered issued
of the twentyhird judicial district court of the
state of Kan as, sitting in aud for the county OF
Tlego. in said state. will. on
Thursday, September 21st, 1893,
between the hours of 10 O'Clock a. m. and O'Clock
p. m. of said day at the west door of the
court house in Wa-Xeeney, in the county and state
aforesaid, offer for pub ic sale and sell to the
highest bidder for cash in hand all the right title
and interest of the above named defendants in and
to the following described property, to-wit:
The northwest quarter of section twenty-four
24), township ffteen (l5), south of range twenty
one t21 west of the 9th M
Lying and situated in the county OF Trego. In the
state of Kansas. with all the appurtenances there
unto belonging. to be sold according 10 law to
satisfy one judgement in foreclosure of mortgages
In the sum S62435 with interest at the rate OF II
per cent from date and the further sum OF So so
cost of suit. and all accruing costs; said property
levied and to be sodas the property OF the above
named defendants.
Given under my hand this 18th day of August,
A. d. 1893.
THEODORE COURrNEY,
sheriff, TregO County, Kansas.
W. Z SAU1r, Attorney. II
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

THE paucity of the American-born
sailors in the United States navy has
excited great deal of comment. A
record of the seamen serving in the
navy since the establishment of this
system shows that not more than four
per cent. of the lads who are gradu-
ated from the apprentice training sys-
tenn continue in the service of the
United States. The records further
show that of the seven thousand two
hundred and fifty seamen allowed by
law in the navy less than one-half of
those who enlist at the receiving ships
are native-born Americans.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

Recent developments seem to prove
that the use of poison for criminal
purposes is increasing to an alarming
extent The ancients used it freely
enough for the removal of private and
public foes, and there seem to have
been epidemics Of the practice at vari-
GUS times Whereas in former days
the poisoning was done for revenge, as
a general thing, or to remove the OBJ
ject of political or private jealousy,
the almost sole purpose for which it is
now adopted is that of financial gain.
There is something about this mercen-
airy motive which renders it infinitely
more diabolical than merely poisoning
a person because he or she is rival In
love, or might stand in the way of OBJ
tanning some appointment carrying
honor with it to the family name: and
one reading of the fact of the increase
of child or adult poisoning for the pur-
pose of obtaining the insurance on
lives questions whether the progress
of which we boast is improving the
morale of the individual
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

THE recent death of Sarah Bowman
at Ephrata, Pa, almost ends the real
sisterhood of one of the many peculiar
religious orders of early Pennsylvania.
The "sisterhood" to which Sarah Bow
man belonged was organized at
Ephrata about one hundred and fifty
years ago. 1t had communal object,
and for long time it was a flourish
ing institution. AS time went on,
however, as the sisters strayed into the
outer world and married, or as they
died, those taking their places became
fewer and fewer, until Sister Bowman
in her old age, found herself the old est
member, with only two companions.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

A NEBRASKA farmer had been fright
ened by the bank failures over the
country and withdrew his deposit from
one of the local banks and hid it under
the carpet in his bedroom. The next
morning about three o'clock he was
aroused by the cold steel of revolver
at his temples and two men, with
handlserchiefs over their faces, de-
manded all the money he had He is
now fifteen hundred dollars poorer
than he would have been had he left
his money IN the bank.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16
NOTICE FOR PUBLICATION.

o. s. Land Office at Wa-Keeney, Kansas, ! ~, o,o,
August So 1888. 'o' GAO
Notice is hereby given that the following named
settler has filed notice of his intention to make final
proof in support of her claim, and that said proc!
will be made before register and receiver of the
U. S. Land Office at Wa-Keeney, Kansas On Oc
tober 1898, viz:
James A. Wright,
one of the heirs for the heirs of William g. Wright
deceased, Homestead Application No. I776S for the
north half of the northeast quarter and the south
east quarter OF the northeast quarter and the
northeast quarter of the SOUTH asst quarter of Sec
ion 10, township Is SOUTH range % west. 9Th P
VI. Kansas.
He names the following witnesses to prove his
continuous residence upon and cultivation of, said
land. viz:
Charles Fl Burt and Lyman s. Burt, of Brownell
faDsas, william HoUbler and Francis M. Hoobl.r,
81 Wilcox, Kansas
926t LEE MONROE, Register.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

THE duke of Veragua a few years
ago, according to a widely-traveled
American, was regarded as rich. lie
had comfortable income and large
estate. 1t is not true that he gambled
his money away at cards or other
games of chance. He lost his fortune
at the Paris exposition of 1889. He
opened an area near the exposition
grounds and made preparations to give
real Spanish bull fights on an elab-
crate scale. first it drew fairly we'll,
but after the first week he did not take
in enough to pay half his expenses.
The result was when the exposition
closed the duke found himself prac-
tically a bankrupt. Having lost his
fortune at one exposition, it is only
natural that he should endeavor to re-
coup himself at another.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

A Boston man who has a summer
house not far from Boston, and who
has twice promised at the altar to
love, honor, etc." is said to have re-
GREETED his second marriage, and to
find consolation often visits the grave
of his first spouse. A few days ago, after
tiff with No. 2, he called his carriage
and was driven to the cemetery. After
waiting at the grave two hours for his
masters return, the coachman began
an Investigation, which resulted in his
finding him in comatose state beside
the grave and nearly empty whisky
bottle in the immediate vicinity
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

AN interesting example of electricity
as applied to farm work is now in oper-
alton at Scotch farm. The whole of
the usual farm machinery, such as
thrashing, sowing, corn thrashing and
the like, are here driven by an electric
motor, The electricity is generated
by water power, the turbine wheel
which drives the dynamo being about
one thousand yards from the farm.
The electric current is conveyed by un-
derground wires to the house and
farm, in each of which storage bat
terry is placed. These supply the cleo
trio current for lighting and motive
purposes when the machinery is not
working. The whole of the mansion
is illuminated by electric light, and an
electric motor is provided for pumping
the water for domestic purposes.
A CREOLE, strictly speaking, is any
person born in this country or the West
Indies of European ancestors; also any
person born in or near the tropics, and
this IS the sense in which the word is
usually employed The use of the
word, however, has been by some re-
stricted first to children of foreign
parents born in Louisiana. and, Sec
ond, to children of Spanish or French
parents born in Louisiana. and then in
the north the word has been perverted
so that it is believed to imply some
strain of negro blood in person to
whom it is applied 1t does not imply
anything of the sort.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

A MIssIssIPPIAN writes to northern
paper to deny that there are any south
ern ''majahs" and "cunnels" to inter
sperse their conversation with 'sah"
He admits that lin the wiregrass and
mountainous regions of the south there
is spoken a peculiar dialect" but con-
tends that it is unjust to charge 1.-The
balance of the section with it, their
language being las pure as any peo-
pie who speak English"
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16
NHERIFF SALE.

state Of Kansas, Trego county, SO.
Mary II. Burnham, plaintiff,
James G. Howe aid Lew e. DarrOw, defendants.
Public notice is herr by given that by virtue of
order of lie to me directed an delivered issued
out of the twenty judicial district court of the
state of Kansas sitting in and for the county of
rregO, in said state, will, on
Thursday. September 21st, 1893,
between the hours of 10 O'Clock a. m. and 2
'clock p. m. of said day at the west
door of the court house in Wa-Keeney, in the
county and state aforesaid offer for public sale and
sell to the highest bidder, for cash in hand all the
right, title and interest of the above named de-
feudants in and to the the following described
property, to-wit:
rne southeast quarter of section nineteen (19),
township fifteen Is south, range tyenty-four (24),
vest of the 9th p. m.
Lying and situated in the county of Trego, in the
state of Kansas, with all the appurtenances there
unto belonging, to be sold according to law to sat
isfy Judgment In foreclosure of mortgage in the
of $6S5 80, with interest at the rate of II per
IT. from date, and the further sum of SIS .f0cost
Of suit and all accruing COSTS said property levied
IN and to be sold without appraisement az the
propert, of the above named defendants.
Given under my hand this l4th day of August,
A. D. 1893.
THEO. COURTNEY,
Sheriff, Trego county, Kansas.
W. E. SAUM, Attorney. 819
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

PEOPLE who are unfortunate enough
to live in damp houses. particularly
near undrained land, are apt to think
that there is no help for them save in
removal They are mistaken. Sue
cessful experiments have shown that
it is quite possible to materially i'm
prove the atmosphere in such neigh
borhoods in very simple manner-by
the planting of the laurel and the sun
flower The laurel gives off an abun-
dance of ozone. whilst the soulful
eyed" sunfower is potent in destroy
ing the malarial condition. These
two, if planted on the most restricted
scale in garden close to the house,
will be found to speedily increase the
dryness and salubrity of the atmos-
phere. and rheumatism, if it does not
entirely become a memory of the past,
will be largely alleviated.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

SOME Every good" women of Atlanta,
Ga, established home for retaining
the fallen" and among the contribu-
tions was one of one thousand dollars
from an unknown source, but when it
was discovered that it came from the
women of the town" it was rejected
by the Pharisaical lady managers of
the scheme, which act lessons respect
for the ladies as much as the offering
increases it for their unfortunate sis
ker-s
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

THERE is a postal card society of
America which has already one hun
dred members. 1t seems almost in
credible that there should be eight
thousand varieties of postal cards, but
this is the extent claimed for the Wat
son collection. These, however, include
various issues of the same nation and
denomination, and also cards issued
for special occasions. Postal cards
have been in circulation a little less
than twenty-four years. The idea
originated with DR.. Emanuel Her
mann, a professor of national econ
omy at the Imperial academy OF
Wiener, in Nedstadt, lower Austria.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16
NOTICE FOR PUBLICATION.

q. ). Land Office, Wa Keeney, Kan, No OH
August 80, 1898. w. "
Notice is hereby given that the following named
ettler has filed notice of his intention to make final
proof in support of his claim, aud that said proof
Will be made before the register and receiver Of the
United States land Office at Wa-Keeney, Kansas, on
October 9, 1893 viz:
Anton Nawyet,
Homestead application No. 21625. for the east
half nf the southeast quarter of section 81 town
hip12 south, range 25. west of the 9th P. NJ, Kan
Sas.
He names the following witnesses to prove his
continuous residence upon, and cultivation Of said
land, viz:
James Yanda, of Bosnia, Kansas Frank J. Spena
md Joseph Mlinek. of Collyer, Kansas, Frank A.
Krhut. of Wa-Keeney, Kansas.
926t LEE MONROE, Register.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

A MAN who writes for the story pa
pers and who endcavors to give his
characters names not borne by persons
in actual life, says that he finds some
difficulty in doing so; that not infrc-
quently names that he had invented
and that had seemed wholly strange
to him he had found later in the mat
ter-of-fact type of the directory.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16
Worlds FAIR Buildings--No. 2.
THE WOMAN's BUILDINC

THE woMAN's BUILDING.
just south of the 59th street entrance.
Dimensions 200 by 400 feet. Cost $140,-
600: Every lady should visit it. Don't
forget that the Union Pacific offers the
best service and rates as cheap as any
line to Chicago. No change of cars en-
route via Kansas City and the Chicago
& Alton r. r.
For additional information call on the
Union Pacific agent,
E. A. LEWIS,
Wa-Keeney, Kas.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

THE English laugh at our slang
names for money, forgetting that their
own slang is as nonsensical. A joey is
fourpence, tanner sixpence, a bob is
a shilling, bull shillings, quid is
81, a pony e25, and a monkey $500.
Alongside of such terms in common
use in England the word green back be.
comes an elegant euphemism.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

A "GHosT ROOM" was a novelty at q
recent church entertainment It was a
gruesome place, arranged with blue
lights and deaths heads. and one paid
tot in and hear a blood-curdling ghost
story, well told by clever man who
had got together for the purpose all
the hair-raising tales he knew of.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

KENTUCKY produces the most tobacco
-2S3. 100000 pounds The total prod.
uct of this country last year was $685..
10000 pounds. valued at S4S. e66. 665.
About the same amount was produced
in Europe.
Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1893-09-16

WHILE man was swimming across
the river, at Clarion, Pa, recently, ''he
came near being drowned by an inn
mense eel winding itself around his
legs After considerable trouble he
killed the eel, which measured over
three feet ID length"