davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
EAST GREENWICH.
BURIAL OF THE MEN WHO WERE
KILLED At BATTLE CREEK.
An Immense Throng Attended the Ser
vices in the Methodist Church Inter-
msnt In Gienwood Cemetery.

AT the East Greenwich Methodist
church yesterday noon, services were held
over the remains of Il Twin /. Magoon aud
William w, Henry, the two East Green
wich men who were killed In the railroad
wreck at Battle Greek. The church was
crowded. The caskets were covered with
flowers.
Among the floral pieces were the fol-
lowing: Ga each casket pillow bearing
the word Husband" from Rocky Hill
grange, on Mr.. Magoon's casket piece
with the word "Overseer." aud
on Mr. Henry's casket piece
with the word Secretary" A
cross Of flowers from the Rocky Hill
Sunday school was placed on each casket.
MANY other smaller pieces were among
the flowers. The young men were officers
OF Rocky Hill Grange, No "a. Patrons of
Husbandry. one overseer the other secre-
tary. The members Of the grange at
tended In a body. About thirty-fve OF
Davisville grange. No. 8. also were pres
ent, the officers wearing their me urning
badges.
The services were opened by prayer by
Rev. +. ID. Blskeslee. ID. ID. principal or
East Greenwich academy. Rev. j. Il. Haw-
kins, pastor of the Methodist church,
read selections from the scriptures. The
funeral address was delivered by Rev.
Mr.. Ham, pastor Of the Baptis: church at
Crompton.
The remains at the close OF the service
were borne out OF the church, not being
in copditiou to be viewed by the rela-
tives of the deceased, by the bearers, who
were as follows; George w. Godfrey,
George 4. Remington, brothers-in-law OF
the deceased, Edwin Sheldon, a
cousin, and Elmer L. Esrnshaw, a
classmste at East Greenwich Academy,
carried the cssket containing the re-
mains OF Mr. Henry. Louie II. Magoon,
John Magoon, cousins. Fred l.. Briggs
and Edgar Briggs. brothersin-law Of the
deceased, carried the casket with the re-
mains Of Mr.. Magoon.
The funeral cortege. with its long line
of carriages, wended it's lonely way to
Glenwood cemetery In the outskirts OF
East Greenwich, and the remains we're
laid in their last resting place. DIR.
Blakeslee and Rev. Mr.. Hawkins made
short addresses, following Rev. Mr.. Ham.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
VESSELS THAT VISITED AND LEF1
THIS PORT.
Sea sickness Aboard the steamer Pc
quot-Notcs OF General Interest to
Marine Men.

The arrivals at this port are as follows
Steamers Pequot, Penn, New York;
Mount Hope, Connors. Fall River; City
OF Newport, Kelly, Newport; Queen CITY,
Gray, Tiverton; William Marvel, DYER.
Block Island; Petrol. Durkee, Rive, side
and return; schooner Raudo, Mclean.
st. Johns, with lumber for &. IL. George.
Sailed-Steamers Pequoit, Lawrence.
Norman. City OF Newport, Queen Citv.
Mount Hope. Schooners: Kate G. Rob
inson, Robard. with scrap iron for viii.
mington. DEL; Aunie 4. Wells. Bessie
Chadwick, Sabrina, Mary T.. Buckley.
William Arlington, Valdare.
Notes.
The schooner Alemda Wiley. Captain
Cor Gland, which has been tied up at Hills
wharf for N, ariy tN o months on acc ,unt
OF the yellow fever In the South, will sail
next Monday morning for Philadelphia.
Tue steamer William Marvel Is to be
hauled off for repairs, and the Harry will
be ut on in her place.
Frank White of Riversid has rurchase
the popular tug boat Glide from Bos.
ton parties. The Glide has been running
In Boston harbor for n number of Years
aud is known as a powerful craft aud will
handle any vessel that sails into this
port. She is well-known among the
many c)aling vessels that are engaged i'm
the trade, and with popular c clptain tbe
owners will find that there Is room for
them IN this harbor.
The schooner Ronda, that arrived n,
this port this morning, narrowly escaped
being burned TO the water one week acc
today. She was loaded with dry
shingles which became ignittd bv a
spark from the gal ey stove ~ d for y
half hour or more Captain MeI.ane and
his crew worked for dear life. They
finally succeeded in extiuguishipp the
bleze
The accident occurred about noon. Th,
burning OF about 10000 shingles was
about all OF the damage done.
The draw Of the Point street bridge 1,
to be replank,d.
IL Is supposed by many persons who
seldom make vyage at sea. that the
captains, pilots mates and the crew,
generally are never troubled with
sea sickness. But such A
not the case for the last trlr
the steamer Pcquot made west. nearly
every one OF tue crew suffered severeI,
from this cause. Some boats are NOR,
apt TO cause sickness than Others
and IL il said that ths II qu,t /.
cap ible of making the oldest Salt" thai
sans the sound feel no N he had rather
he AT home with bis family aud friends
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25

BEHIND THE FoorLioATs.

Ernest A. Foster has joined Marie Vain,
wright's support.
Mr.. and Mrs. Robert Brown Miss Cogges.
welD have left Walker Whiteside's com
pany.
George Bright has been engaged as lead
ing soubrette Of "The Merry Cobblcr" CON-
pany.
Pauline Markham, the burlesquer of old,
has been engaged to appear in THE Veteran
Detective"
Nina Harrington has been engaged by T..
Henry French for the cast Of 'Drhe Voyage
of Suzette."
Mulberry Bend" is the title of a new
play in which Lizzie May Ulmer is to ap
pear this season.
Alexander Gaden and James II. jackson
have signed to support Ada Gray in 'Eas;
Lynne" and Article A."
Joseph Whiting will take Louis Aldrich's
place and Stuart Clarke will succeed Da'
vid Davies In 1.-THE Senator"
Henri Marteau. the violinist, will be
leading soloist of the Seidl orchestra in
Philadelphia, Washington and Baltimore.
William J. Cummings, leading actor in
AidDdInd, ltli tTOul ihuucr az tuo zoo III
Jacksonville, Fla, recently, and broke his
eg
Amelia Somerville. famous as the merry
little mountain maid Of "Adonis," is a
happy mother. and her husband, Fred Run
nells, is also happy.
Bebe vining In "The New South" IL
singing pretty song called "The Sweet
heart OF All the Year." which was written
by Leila France McDermott of San Fran
cisco.
Katie Emmett recently discovered q tar
antula in bunch OF bananas she had pur-
chased In Salt Lake City. The discovery
was made In time to prevent serious conse-
Quences.
j. Wesley Rosenquest has signed q Ave
years contract with Barney Ferguson to
star that comedian. Mr.. Ferguson will
play In both of Mr.. Rosenquest's New York
theaters next season in o new piece called
"McCarty's Masquerade"
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
Sham Chamois Skin.

Chamois skin is one OF many things
seldom met with save by proxy. Nearly
all Of the chamois skin in this market is
made of sheepskin or goatskin from
England and France. A dealer in these
substitutes declares that single inn
porting house could use in one year all
the true chamois skin that Switzerland
produces in 10 years. The genuine article
fetches nearly three times the price of the
substitutes.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25

mailman cannot lower his signal to safety"
in order TO admit train to the block
ahead, without asking the operator at the
next tower to unlock his (the first signal
man's) lever. The man at the next tower
will not do this unless he knows the block
or section is clear Such, in substance, is
the block system, as illustrated and de-
scribed at length in Science. Its advan-
tages over the early ''tiKe interval" sys-
tenn, In which everything depends upon
the faithfulness and activity OF the rear
brakeman of a train, are obvious.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
RAILROAD SIGNALING.
A System That Agreeably Lessons tho
Perils Of Our Railway JourneyA.

The chief object Of signaling on railroads
Is to inform enginemen positively at given
points. whether they must stop or proceed,
and the universal method Of conveying this
information Is by visible signal. OF all
the different forms for signals that have
been tried, the disk and the semaphore are
Me only ones in use now. Fig. shows
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
THE NEWPORT ELECTION.
= Large Vote Being Polled-sanborn'
Friends Very Confident.
SPECIAL TO THE NEWS,

NEWPORT, Oct. 25. - The election
today Is calling out 4 large
vote. Sanborn, the Republican candi-
tdats for mayor, is doing we'll.
and his friends say he has fighting
ohancA" Last night bets were offered
foloo to go in his favor. The result will
- cloea.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
Outdoor Coats For Girls.

A pretty coat for girls of IL years Of
age is the one made with very broad la
pels buttoned back with fancy buttons.
If the coat be made of hunters green
cloth, the vest may be of chamois cloth
braided with broad straps of green, or If
the garment bc gotten upin scarlet cloth
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25

Fred Trefoil, a barber, whose place OF
business n st n Union street, slipped a, d
1o'l on the sidewalk at l:30 p. m. today
and sustained fracture OF the Leg. lie
- eooon 70 bic home o. Woodlawn.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25

Premature badness may 10 prevented and
the hair made 10 grow hcads already bald
by the uss o. nalis Vegetable slcliisn HalT lie
newer.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
4 DUNRAYEN WcTORY.

LONDON, Oct. 25-Lord Dunraven's
Molly NJ rgan won the Cam bridgeshire
stakes today. defeating Ia fieche.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25

JAuNTy COAT FOR A yorNg GIRL.
the vest will be Of corded silk in black,
with braiding of gold soutache. An
other pretty coat for little girls still
younger is made mp in the new rough
and fleecy cloths with a vatican plat in
the front aud at the back and three
broad ruffies arranged like a cape over
the shoulders,
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25

SPECIAL 10 rHs xrwa
NEW YoRK, Oct. 20 -Na'han Strauss.
prominent dry 40 ds mere iant, fatally
shot himself this mornin. 1.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
HAT AND SHOE CLOSET.

The Possibilities OF Packing Boxes-They
May BE Made Ornamental and Useful.
There seems to be no end to the possi-
bilities Of packing boxes, and when they
can be made ornamental as well as use
full suggestions for utilizing them are
welcome to most women. The House
hold tells. how three boxes can be SO
placed as to present the appearance of "a
dressing case built around window,
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
THE CHAPLAIN IS DYiNG.

SPECIAL TO THE SrwS
WASHINGTON, Oct. % Rev. Samuel NJ.
Halliday. chaplain OF the house, is dying.
The Providence news. (Providence [R.I.]) 1891-1906, 1893-10-25
Chicago Grain Market.
Chicago Grain Notes.
AROUND THE HARB0R.

Heavy shipping of hogs.
The advocate and Topeka tribune., 1893-11-15

negligence or unskillfulness in the construc-
tion Of its road, will not be liable to an adjoin
Ing land owner for injuries from the overflow
Of surface water, occssioned by the obstruction
OF the road bed.
g. Where railway company, for the pur-
pose Of properly constructing It's road bed,
takes earth from one part of its premises and
uses 1t upon the road bed, thus leaving a ditch
along each side OF 1t, in the usual and ordi-
nary way of constructing railways in level or
prairie countries, the company will not be
liable to an adjoining land owner, through
whose premises right Of way has been prop
erly condemned and paid for on account Of in
jurles occasloned by surface water, even
though the effect of such bitches and 70 ID bed
may be to prevent surface water, which before
flowed upon the land, from coming upon 1t, or
TO draw from adjoining land surface water
which would otherwise remain there, or to
shed surface water overland on which 1t would
not otherwise go.
All the justices concurr1ng.
A true copy. -
Attest Q. J. BROWN,
IsEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-11-15
$780,
Kate Kohn vs.. Kate X. Barr E. W. Sargent and
Samuel E. Ballenger.
Error from Atchison County
AFFIRMED.
SYLLABUS.
BY THE COURT. HORTON. C. ]

SYLLABUS. BY THE COURT. HORTON, e. j.
1. Where certificate Of entry or purchase
OF public land was procured by locator on q
military bounty land warrant, having forged
assignment thereon, which was subsequently
cancelled by the proper department., on ac-
count OF the forgery In the assignment and
the patent suspended until valid warrant
properly assigned was substituted, such entry
or purchase did not give the locator any
equity to the land as against the government,
before the new warrant properly signed was
furnished and accepted.
3. In 1858 NJ. located 100 acres Of land on a
military bounty warrant having o forged as
signment thereon; in 1861, and before any
patent had been issued, the proper depart
ment cancelled the certificate Of entry on ac
count Of the forgery in the assignment, and
suspended the Issuance of the patent upon the
entry; on July 2Sd, 1898, one X, claiming so
acres Of the land under a conveyance from
the locator, substituted another warrant with
q valid assignment thereon, and in 1884, pat
ent was issued In the name Of the locator.
Held, That the land was not taxable prior to
the 2Sd OF July, 1888, AZ the time that land
warrant properly assigned was furnished and
accepted; and Held, Also that X, having fur
nished the land warrant under the condition
from the proper department, that NJ, the To-
Gator, or any person interested, might substi-
tute q valid land warrant in the place Of the
one having the forged assignment thereon,
which new warrant, so substituted was to be
legally assigned to the original locator by
name, within ninety days from the date Of the
order, or pay $500 in cash. the furnishing Of
such valid land warrant on July 2Sd. 1888, by
X. did not create a resulting or constructive
trust, so as to give X either legal or equitable
title to so acres thereof. as against purchaser
holding under a conveyance from NJ, the To-
Gator, executed In the form Of q warranty
deed on January 14th, 1859, to his grantees.
All the justices concurring.
A true copy
Attest: c. ]. BROWN,
[sEAJl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
67T9
Helen A. Berry VS.. Kansas City Fl. Scott &
Memphis Railroad Company.
Error from Bourbon County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, C. J

REVERSED.
SYLLABUS. BY THE COURT. HORTON. c.
1. Where q case made contains all of the
pleadings, the general verdict, the special
findings, the motions for judgment, amotion
for new trial. and q sufficient statement Of
the rulings of the court, the supreme court
may direct what judgment the district court
should have rendered in the premises.
2 Sec. 422A Of the civil code, claws OF 1889,
chap. lSl, sec. u Is not unconstitutional, upon
the ground that IL Is In violation OF sec. Is,
art 2 OF the constitution Of the state, as IL is
new or supplemental act providing how the
cause of action, granted by sec. 422 OF the civil
code, for the benefit of families of persons
killed by the wrongful act or omission Of
another. may be enforced, when the deceased
is q nonresident, or when no personal repre-
sentative has been appointed. Said section is
simply change Of remedy, but not the crea-
tion OF new cause of action.
8. Where death Of q person was caused by
the wrongful act or omission Of another, In
this state on the 24th Of December, 1887, and
no personal representative Is or has been ap-
pointed, an action Is properly brought by the
widow Of the deceased for the benefit Of herself
and children, after sec. 422A claws OF 1859,
chap. 1Sl, sec. y went into force, IL commenced
within two years after the death COM
planned Of
4 Where two or more railroad companies
The advocate and Topeka tribune., 1893-11-15

are consolidated under the statutes Of the
answerable for the obligations Of the old. or
constituent companies, including torts, in the
absence Of all evidence or sdpulations to the
contrary.
All the justices concurring.
A true copy
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
The Moline Plow Company vs. NJ. W. Witham,
Sheriff, ct al.
Error from Thomas County.
REVERSED.

Error from Thomas County
REVERSED
SYLLABUS. BY THE COURT. HORTON, C. J.
1, written contract, whereby vendor of
articles Of personal property, like wagons,
cultiyators, plows, harrows and drills, agrees
to deliver lot Of such articles to q retail
dealer for sale, containing the provision "that
the ownership Of the personal property,
shipped under the contract, Is to remain In
the vendor until they are fully paid for IN
cash" Is an instrument In writing eVidenclng
the conditional sale Of personal property.
2. Chapter 255, session laws Of 1889, regulating
the recording Of little notes or evidences Of
conditional sales," applies to all instruments
in writing or prOmissory notes therein re-
ferred to, whether In existence at the time
that act went into force, or thereafter exc
Cuted. with the limitation, however, that there
must be reasonable time, after the statute
went into force, for the holders Of such notes
or instruments then in existence. to comply
with its provisions, and. Held That two or
three days after the law went into force would
not be a reasonable time for the holder Of
such an instrument, living in Kansas City,
Missouri, to deposit the same with the regis
ter Of deeds Of Thomas county, in this state,
where the property was kept
All the justices cOncurring.
true copy
Attest: C.J BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-11-15
AFFIRMED.
SYLLABUS.

SYLLABUS. BY THE Court. HORTON c. J..
1. Where a section man, engaged in repair
ing railroad track, climbs on car loaded
with ties in a train having csboose attached,
which ties are to be distributed by himself
and other track repairers, along the railroad,
and where 1t Is the custom for such employees
to ride on cars loaded with ties, and such sec
tion man is killed by being thrown from the
car, while in standing position, by the train
suddenly starting without any usual signal, as
the ringing Of the bell, or the sounding Of the
whistle and where his foreman saw him in
such position before he directed the con-
ductor to start the train, and the conductor
also saw him In the same position before
motioning with his hand for the engineer to
go on. Held, That 1t was a question for the
jury to determine whether, upon all the facts
disclosed in the case. the section man was
guilty of such contributory negligence as to
prevent any recovery under sec. 422 Of the
civil code, II killed.
q Where there is conflicting evidence upon
the issues of case, the findings of the jury
are conclusive, If supported by positive evil
dence.
8. All Of the evidence examined in this case
and held sufficient as against demurrer
thereto, and Held, Also sufficient TO sustain
the judgment.
All the justices concurring.
A true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
6Gt.

The Missouri Pacific Railway Company vs..
Samuel II. Renfro.
Error from Wilson County.
REVERSED.
SYLLABUS. BY THE COURT. HORTON, G. J..
/. The rule Of the common law as to the flow
OF surface water, affirmed. Atchison, Topeka
4 Santa Fe Railroad Company vs.. Hammer, ~
Kansas, 1853; Chicago, Kansas Il Nebraska Rail-
way Company vs. Steck, S3 Pac. Rep COZ.
q A railway company in the absence OF
The advocate and Topeka tribune., 1893-11-15
SYLLABUS.

1. Where an owner executes and places upon
record warranty deed purporting to convey
the complete title Of land occupied by him
self and family, his subsequent possession
win generally be considered as in subserv-
iency to the record title.
2 II the deed absolute in form was intended
as mortgage, but the grantee to secure the
payment Of q loan executes mortgage upon
the land purported to have been conveyed TO
him, and the mortgage has no actual knoWl-
edge Of the real character of the deed, the
continued occupancy Of the land by the
grantor and his family will not require the
mortgage to inquire whether he had secret
agreement with the owner of the legal title or
had reserved some interest inconsistent with
the title which he had placed upon record
8 The parties in possession, husband and
wife, having joined in the execution Of the
conveyance which apparently transferred the
complete title, and having subsequently dis
aVoWed any interest in the land are estopped
from claiming o homestead interest In the
premises so conveyed as against the mortgage
Of their grantee who had no notice that the
conveyance made by them was other than
what 1t purported to be.
All the justices concurring.
true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
Error from Saline County.
REVERSED.

SYLLABUS BY THE COURT. HORTON, C. J
Where plaintiff is seeking to amerce
sheriff, the execution must conform strictly
costs, which have accrued subseouent to the
rendition Of the judgment are to be included
in the execution, such costs should be in
dorsed upon or referred TO in the execution as
accruing or additional costs.
All the justices concurring
true copy.
Attest: C.J. BROWN,
SEAL Jerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
G. J. BROWN,
Clerk Supreme Court.

Robert Hunter vs.. A. P. Hamilton.
Error from Wilson County.
AFFIRMED.
SYLLABUS. Blythe COURT. JOHNSTON, j.
The remedy Of the pledge and the disposi-
tton to be made Of a pledge Of commercial
paper upon default or other contingency may
be regulated by the agreement Of the parties,
where such agreement is not fraudulent or
against statute or public policy.
All the justices cOncurring.
true copy.
Attest: G. J. BROWN,
GsEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
9249
The State of Kansas VS. John snodgrass.

The State of Kansas VS. John Snodgrass.
Appeal from Hamilton County,
REVERSED.
SYLLABUS BY THE COURT. JOHNSTON, ].
l. Light impressions obtained from vague
rumors or the reading Of abbreviated and par
tial newspaper reports are not sufficient to
render obnoxious to challenge juror whose
mind is open to a fair consideration Of the
testimony but where persons called to try
q cause hold strong and deep impressions
which amount to opinions, and which are Of a
fixed aud positive character such as will re-
quire evidence to change, they should not be
retained as jurors, although they may testify
that they believe they can render an impair
tial verdict.
q Errors in compelling a trial by disqusli-
fed jurors may be available without bringing
up all Of the evidence upon an appeal
3. When the defendant brings with the rec
ord so much Of the proceedings as discloses
that he has not been accorded trial by
legally constituted jury, he has shown affirm
ative error which entities him to reversal, un-
less something contained in the record shows
the error to be unprefudicial
All the justices cOncurring.
true copy.
Attest: C.J BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-11-15

s. w. Richmond vs. Otto Brummie, admins
traitor, etc.
Error from the Court OF Common Pleas Of
Sedgwick County
DISMISSED.
SYLLABUS. BY THE COURT HORTON, G. ].
No appeal or proceeding in error can be had
or taken to the supreme court in any civil
action unless the amount or value in ContrO-
versy, exclusive Of costs, exceeds one hundred
dollars, except in certain cases specified in
the statute. Section 542 A, civil code section
1, chapter 245, session laws 1889.
q Where the damages claimed in civil &C.
tion by the plaintiff exceed one hundred dol
lars, but the judgment is for the plaintiff for
one hundred dollars only, exclusive OF costs,
and the defendant prosecutes in error, the
supreme court has not jurisdiction for the
amount or valne In controversy, as to such
defendant, Is fixed by the judgment.
All the justices cOncurring.
true copy.
Attest: G. ]. BROWN,
[sEAL] Clerk Supreme Court.