davidaulloa/AmericanStories huggingface dataset:
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Professor Ansbach will give one OF his
delightful evenings of sleight-of hand
in The Morton this evening. He Is a
master Of refined legerdemain, and his
tricks are executed in the immediate
presence Of his audience. making them
all the more inscrutably mysterious he
explains TO his hearers that sight il
quicker than motion. thereby exploding
the theory that tricks are pcrformed by
deceiving ones sense of sight His en-
tertsinment is both marvellous and
amusing.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

EAsr Tswks, Mich sept A.--Grest
Indigestion u felt here over the course
81 the owners ~ the schooner l. l.
Lamb. which xas found by fisherman
GA Lake Huron abandoned and iioatlng
ashore. The tug kittie Haight came
today and took the boat away. The
owners refused 10 pay the fisherman Tor
tis services and even threatensd 81
prosecute him and also refused % pay
the crew u the local tug who worked all
night pumping the water out VI the
schooner. The Lamb Mas literally
hooled out of port
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
Farm Hand I,adlr nea,en

SsrekruoS. Mich. Sept 2i.-Len
Grow. farm hand. was nearly beaten
~ death n a row today. Capt r. Rieto
q the United States tug Gilmore. Capt.
% Torch q the United States dredee
Michigan City. Ernest Schaiiier u the
dresige + W. Lundecker. James Hazen
81 Buffalo. and Henry Schriyer 81 Sau.
Tatuck- have been arrested on charge
II assault With latent 81 kill
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
WILL TEST THE LAW
Women Announce Their Resolp-
ton to Vote Ned Spdng
If IT COSTS THEIR LIBERTY
Association 20 be orxanizea 20 Wage
. Vigorous isastie Cor Their
Suffrage Rixht<

The women Of the fourth ward held
meeting yesterday affernoon az MrS
Prarsall's. No. lis East bridge stFeet,
for the puFpose u organizing . We
mems Municipal Suffrage league. but
not enough residents of the word at.
tended 10 perfect the organization Sew.
erai leading women suffragists from
other wards were present add discussed
the situation. This is the ward in which
the women made such rally AZ the
school election aud elected Mrs. Andrew
trustee. Bot several efforts 10 Organize
league have proved fruitless for lack
OF members interested in the movement
The sentiment expressed yesterday was
that the women Of the city will 60 10 the
polls next spring and offer their votos
As one enthusiast expressed IL. they are
willing 10 suffer Imprisonment. II neces-
sary. IN order 10 test the municipal
franchise Law.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Now THAT Bismarck is seriously i'll.
and there is little probability Of his re-
covery. William IL sending him dis
patches 81 sympathy and has offered
him an imperial castle IA residence.
This doesn't cost William anything. and
may win over the Bismarck faction
after the iron chancellor Is dead. Viii
helm III. deserves 10 he an honorary
member d Tammany ball.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

DowAoEAc. Mich. sept I.-Will
Bronner aud Prank Crnmb we're cut
duck hunting in boat yesterday after
noon. when the formers gun Was acct
dentaily discharged. The charge en-
tered Bronner's neck. intiicting terri
bic wodnd. lie Tell backward into the
water aud would have been drowned
had IL not been FOR his companion.
Bronner's recovery Is doubtful.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

" Justice Hornblower bears the
slightest resemblance 70 the newspaper
cuts which we're flashed upon the pub
tic when his appointment was made. the
supreme court ought 20 charge admis-
sion % those who enter tho chamber 10
rlsN the hench.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

II persistence will win for doubtful
cause the women ought certainly 70 sue
coed in getting woman appointed on
the police force They have kept up the
fight for recognition with wonderful
tenaeisv Of purpose and the board man
TESTS disposition 70 capitulate.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

81. Ptrr l. excited over the marriage
~ q high society queen 30 colored ele-
vator attendant The young wife de
clincs to make any statement 10 she'd
light ca her strange infatuation. n
therefore remains dark subject
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

LANSING. Mich, Sept 2l.-E. Carl
Bank 81 this city. formerly assistant
superintendent Of the Michigan reform
school for boys and the Philadelphia
house of refuge. has been appointed
superintendent OF the Press school of
industry, the new California state insti-
tutc, To be opened January l.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Paw Paw. Mich, Sept. 2l.-Hattie
Decker, the young unmarried woman
who was charged with the murder OF
her newborn infant. was acquitted by
the jury. The people failed TO prove
that death was not occasioned by ma
turaI causes
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
Too Much Choral

MEsoxISKs. Mich. Sept. 2i.-iienry
f. Hall. the American Express agent.
here. died suddenly at an early hour this
morning from the effects Of an Overdose
IL choral. The theory % suicide Is de-
MED by physicians. who say the drug
was taken 20 alleviate pain In the head.
the result 81 railway accident many
xaara affe
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

rsoseG the interl0cking switches -
cantls osmplssea II the CROSSINGS 1t The
Chicago 4 Urand Irpnk and Michigan
ssEtrai foads 1T I-apeeg and Il the
Michigan csntral and Pohtise. Oxford
A SoFthern a. Oxford Both switches
wlA 70 into eommission next week.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Copsslsa. Mich, sept n About
i.0nn soldiers and sailors from Wexford
tifaud Traverse. kslkaska. leelenae
Benzie aud Manistee COUNTIES are "a
ses~ion hers. 4 cannon burst On th~ q.
A. X grounds yesterday afteruoon ard
barely escapcd kiliirg snd inlarisg
several people. S<me pieces lansiss.
more than four bIocks from The scene
II thu exr.fos,,.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Fxss coinage Franks might petition
congress b construct the propo.e.l
Hawaiian cable ~ silver. This would
create = demand tor the white metal.
AMI weuid Re in line with The other de
mantis ~ the free siiFerifes.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
Mlss Farr seriously Injured.

GRAND HAVEN. Mich, Sept a.
Frances Farr. daughter OF Attorney
George A. Farr. was seriously injured
boy being thrown from a runaway horse
breaking her leg and two ribs. 1t Is
thought she will recover.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
stole $3.50 Fpm the Safe.

SAGINAW. Mich. Sept 2i.--The drug
store Of Banister x Co. was entered at
an early hour this morning and 500
taken out Of the safe. The thief must
have got on 10 the combination as he
opened the safe by simply unlocking it,
and came in the front door in the same
tEaN-
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
presbv,erv An se.sion.

LAPEER. Mich. Sept 2l.-The eighth
annual meeting OF Flint Presbytery is
in session hero. Tho town is full OF
preachers. many OF them being men OF
promise in the church. Tho sessions
are very lively and full OF interest.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

PErosKEY, Mich Sept 2l.-The
united brethren OF northern Michigan
are in session here. Bishop Barnaby OF
Michigan presiding. Fifty ministers
and delegates are present
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

II Il cCkTfss vii return n the stage
- play sSaml = Fo~sn.- n he would
slranatize the fsasoas San Francisro
iEsals there poasa he miiliaus ia i, sor
him
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Nksog. Mich, SEPT. 81 Joe~ph
Strzng. sgri n. was kiilsi ~ The norsa
bound psezeaeer tram haf n - north
- here ie<t ssenia< De,s~ssd bal h>en
unseii fsw eome tlae snd l<e - hear
ing = Eiven - the cause q the acs-ssient
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
TIME MAKES MANY CHANGES!

Until within the last few years the subject of how
best to heat a house very vexing To be
sure furnaces have been in existence for several years
but we all cannot afford furnaces Stoves too have
been the market for many years but all able
to afford enough to heat all the desired and how
to heat temporarily not used the entire day has
been until recently conundrumL We have at our
store the simplest and most satisfactory solution of the
heat problem.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

hoHsSwEosv WFss tired b tell an
ausiience IN TIE parliament a religions
thst polygany i = rvni thing tie was
greeted sish = voiley = emphatic ~no's7
and gave Up TIE attempt
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

SAGINAW. Mich. Special, Sept IL
George Smith. who stole a horse and
buggy Ia Mason. tried to sell the Same
TO r. +. Case OF this city and was
arrested. The sheriff OF Ingham
county took him back for trial.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

r. = represented that the Bshis has
hesn pr.nsef u 80 tsrsene@. as4 ves
fhere are tsousaaslsog klaniish sgeakinr
r~r-on thai eansot loease the b.,sk q
ice.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
Arres,cd for killing a Tramp

SAueAruoK, Mich. Sept 2l.-An I'M
known tramp was drowned in the kal-
amazoo river. Foul play is suspected.
and the mans companion, Hardy Blood,
ia under arrest.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Wallace l. Lyon, To succeed Mrs.
Della Leoch. removed at Dover. Glare
county, is only Michigan postmaster ap-
pointed today.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

kirhigan takes Fuore awards ~ efcsl
ieace u forestry exhiiyits 81 tfe weEA5e
far. thar sny other sfefe. AMI Il likely
q hase isrst place IL minsfeis Moi
r7n trots sell n rect e nsud Nas
ksRrn Chronicla.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

The religious parliament hes opeoed
the eyes II the world % The fact that
this isa big wpridt and that reiiRions
which hsse ben accustomed - living
within themselves have yef a great aesi
g. learn Muskegon News.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Oae - thr saen ,eff IL ~ fislr~=s"
b the nhatfing slovs = So ninss nesr
Nezsaree has 49, gore fark - kls "a
tive nsausfy 9TH y Goa he sasnes Il
nsoe yssrs- A3riss TlnsA
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22
Ding a Ling a Ling,
Boys Get in Line,
Hurrah for School.

Did you know that Houseman. Donnally
&, Jones have been elected by popular
vote of the people to supply every boy in
Grand Rapids
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

F.sSx~u Mah. sat "a Raisssa.l
Commissioners Ba4lngs hss oslcsaiiy a.
Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-09-22

Finished nicely Go be handsome ornament 60 any
simple in operation, durable and effective The Radss
tic moved Go and operated which
is connection No oor smoke nothing objectionable
about them and taking into consideration The saving
dirt and the other connected starring
and maintaining the ordinary heat they
cal wood burning You
the Radiator will do the rest
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17

which was the subject matter of dis
pute between shareholders could
furnish ground for suit on behalf OF
the company by one of them IN
less the officers of the com
pany could be charged with
fraudulent or oppressive action. The
defendant in this case had not set
the machinery of his own corpora
ton in motion. He trusted the
Court would take the view that
either of the two tenants IN common
might occupy and cultivate freely,
as long as there was no custer, no
prevention of occupation by the
the other co tenant. The occupation
in this case had been friendly. 1t
would not be sound view to take to
adopt q rule which would check
agriculture, which it was the policy
of the law to encourage. The defen-
dant could not possibly be injured
unless the co tenant had done some
thing more than enter and occupy,
and nothing OF the kind had been
shown.
Mr.. Carter opened the argument
for the defendant He commented
upon the evidence and gave clear
sketch of the history of the proceed
ings from the start.
At noon the Court took recess
until ! 80 Pm.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17
AFTERNOON SESSION.

The sitting of the Court was re,
sumed at 1:30.
The Court ruled that the deposi-
ton of j. d. Spreckels could not be
admitted.
The reading of the evidence was
continued and lasted until 3 o'clock.
MIR. Hatch raised the point that
the evidence read, being clipped
from the ADVERTISER was not an off
cial copy of the evidence, or part
of the record, so that it was nothing
upon winch an appeal could be
based.
The counsel for the appellant con
tended that the evidence being
printed from transcript of the Off
cisl stenographer's notes. was a
proper record Of the. evidence.
MIR. Hatch for the defendant cor
poration contended that the appel
iants were bound to furnish a copy
of the evidence.
The Court did not hold that to be
the case in proceedings in equity.
The reading of evidence being
complete Mr.. Hatch opened the
argument for the plaintiff.
Mr.. Hatch stated that the relation
OF the parties who were tenants in
common was very different from
that of co-partners. One co-tenant
was not necessarily entitled to an
account. The policy of the law
should be to encourage cultivation.
There was no reason in law for say
ing that one party had occupied
more than his share, unless the
other party had desired and at
tempted to occupy. Nothing of that
kind was shown here. There was no
evidence of a wrongful occupation.
A co-tenant is not damaged by the
occupation of the other. His legal
rights are not interfered with. He
must have been prevented from oecu-
pying to base claim for an account.
The evidence in this case was just
the other way. The Waikapu Com
pany could not have pro6tably occu-
pied more than they did. Mr.. Corn
Wells eyidence.shows that. He was
manager of the company. The pri-
vate wishes of Mr.. Macfarlane are
not evidence of the desires of the
corporation or It's action. There is
no evidence that the Waikapu Sugar
Company or any officer OF 1t, ever
gave the Hawaiian Commercial Com
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17
Second Day.

The hearing in the suit of the
Hawaiian Commercial Co. VS.. the
Waikapu Sugar Co. was resumed
Tuesday morning at 10 o'clock, in
the Supreme Court. Mr.. Hatch
continued his argument for the
plaintiff as follows:
The original entry into occupation
was with the consent of Henry Corn
well. W. 81. Cornwell testifies his
father was given the use for pastur-
age of all the land outside of the
fences. This continued until the
Waikapu Company acquired all
Henry Cornwell's rights. 1t being
demonstrated that the occupation at
its inception was amicable, there is
the greater obligation on defendant
to show the termination of that state
of affairs. Henry Cornwell signed
the written memorandum with Claus
Spreckels, agreeing to divide the
land held in common This also
shows conclusively that the relations
between the parties were not hostile.
The English rule, and that adopted
by the great majority of the States of
the American Union, is that one of
two owners in common has the right
TO cultivate the common land, and is
not liable to account for any profits
of cultivation. Gases cited.
G.. w. Macfarlane. as a stakeholder,
admitted to defend in his own in
terest, has not the same rights as the
Waikapu corporation. A stakeholder
can only be heard when he can show
the directors of his own company
had acted beyond their powers, or
fraudulently, or have declined to take
action, which, in good faith, they
were bound to take. Gases cited
g. w. Macfarlane has not brought
himself within this rule. The di
rectors of the Waikapu' Company
have not been called upon to take
any action in this matter. He has
no shadow of ground to charge the
directors of his own company (of
whom he was one) with any fraudu-
lent action, or with doing any act
ultra wires. 1t was within their dis
erection to treat the mutual occupa-
ton as eminently fair and equitable,
and they have done so.
Counsel for the plaintiff proceed
ing discussed the law as to the right
of a stakeholder to bring an action,
held that the conditions necessary to
the exercise of this right were not
realized in this case. He referred to
q case where corporation was fur
nishing water to certain individuals
free, thus diminishing the profits of
the company. That was a much
stronger case than this, where the
Waikapu Company had not been
hindered from occupying any land
which they had ever had any idea
of occupying. The most that can
be said is that the officers of the
Waikapu Company have been negli-
gent in making their claim, failure
which does not give them any right |
at law. They cannot be charged
with fraud. The rule was laid
down in MscDougal VS.. Gardiner
vol. / L. R. Chan. Div. that nothing
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17

pany notice that its occupation was
objected to, or that the Waikapu
Sugar Company wished TO occupy
any of the land occupied by the Ha-
waiian Commercial Company. AD
custer must be shown upon clear and
positive evidence. An custer will not
be presumed. There is no construc-
tive custer between tenants in com
mon. No case can be found where
such an custer has been held
in short period like the pres
ent where the statute of limita-
tons has not run. The case in
35 Penn, laid down this doc
trine very clearly. If a trespasser
took possession an custer would be
presumed at once. But that presump-
ton did not exist in the case of an
owner, who in entering and occupy
ing was clearly within his rights.
The legal presumption was that a
tenant having title entered in accord
ance with it, not adversely, but to
maintain the title of both co owners
against strangers. Counsel cited a
number of cases in support of this
doctrine, in some of which no pre-
sumption of custer was held, although
the statute of limitations had run
1t was necessary for the defendant
in this case to prove an custer, and
the burden of proof was upon the
party setting it up. Hostile intent
was necessary to an custer, and no.
tice of hostile intent in any tenant
entering upon property held in COM
mon must be clearly given. A hostile
intent buried ID the heart would not
have any legal effect. A co-tenant
cannot bring eiectment unless the
entry of his co tenant is clearly adj
verse. Counsel cited cases to
show that entry, cultivating,
taking possession of rents, etc,
was no evidence of ouster.)
The entry of one tenant was the
entry of both, and this presumption
would hold until set aside by some
notorious, unequivocal act. Vermont
cases laid down the rule that hostile
acts of a tenant in common must be
as unambiguous as those of lessee
to establish a presumption of custer.
That was a very far-reaching rule.
Would it be commended that the cul
tivation by the Hawaiian Commercial
Company of its own crops would
have that character The evidence
shows that the occupation was
friendly. This is the testimony of
Mr.. Cornwell. Mr.. Macfarlane's tes-
timony shows that his own relations
to Mr.. Spreckels were, on some occa
sions, strained, and that he had
strong private reasons for not making
any claim on the Hawaiian CONNER
cial Company. This fact tends to
show that he did not make such
claim. If he did not do SO for private
reasons OF his own, his action was
voluntary.
After citation of large number of
authorities for the plaintiffs conten-
ton, the Court adjourned until this
morning, when Mr.. Hatch will con-
clude his argument.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17
ONE MILLION.
THE BIG SUIT AGAIN BE-
FORE THE COURTS.
MONDAY, Jan. 8, 1892.

The million dollar suit which has
been pending for SO many months IN
the Supreme Court, came up Tor con
sideration Monday. The argument
now proceeding is on the appeal of
defendant to the full Court from a
decree of Judd, C. j., in the suit of
the Hawaiian Commercial Sugar Co.
against the Waikapu Sugar Co. be-
ing bill in equity for a partition
and account.
General Hartwell, Hon. L. A.
Thnrston and Mr.. G. L. Carter we're
counsel for the defendant appellant,
while AIr. T. NJ. Hatch appeared for
the plaintiff. There were only few
persons present in the court room,
besides those Immediately interested.
The Court below rendered de-
cree in favor of the plaintiff,
exempting the Hawaiian Com
mercial Go. from any liability to
account for rents or profit on account
of use OF the land held by the two
CORPORATIONS as tenants in common.
The principal question to be deter
mined in the action is whether the
tenure of the Hawaiian Commercial
Company was amicable aud IN &C
cordance with its title as co-tenant,.
or whether it amounted to an custer
of the CO tenant, the Waikapr Sugar
Company. The claim of the Waika-
pu Sugar Company is to a share of
the profits drawn from the lands
owned in common, or to rent for the
use of the same.
Upon the opening of the Court,
the counsel for the appellant raised
the point that the Chief Justice was
DISQUALIFIED from sitting under the
new Judiciary Act, which provides
that no Judge shall sit on the appeal
of auy case which has been heard by
him below. The Act however ex-
empts from the operation of its pro-
visions cases now pending so that
the point from technical point of
view, was probably not well taken,
and to save time counsel decided not
to insist upon it.
After the reading of the pleadlngs,
a question arose as to the right OF
counsel to open and close. The
Court held that in equity the proce-
dure should be the same as though
the case had arisen de novo. Owing
however to the great Importance
of the matters at issue, the Court
will permit such argument as is
necessary to enable counsel to meet
such questions of fact and law as
may be raised.
Mr.. Hatch opened the case for the
plaintiff. On his offering to read the
deposition of j. D. Spreckels, the
counsel for the defense objected:
This objection was raised at the trial
below and overruled. Defendant
claims that the deposition was ire
gular, as the Waikapu Sugar Co. was
not represented when it was taken,
there being at the time, in accord
ance with decision which had just
been filed, no one who could appear
for the company.
At noon the Court took recess
until 80 PM.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17

Yielding TO the wishes of the
public, the Hawaiian Fruit and
Taro Company has opened a store
at Queen and Alakea streets for
the sale of machine-made poi, made
from the fresh taro. Mr.. w. f.
Wilson, late of T. H. Davies & Co.,
is the manager of the enterprise,
and customers may rely upon their
orders for poi, in any quantity,
being promptly filed
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-01-17

The success of Chemberiain's Cough
Remedy in effecting a speedy cure Of
colds, Group and whOOpfng cough has
brought it into great demand. Messrs-
POntius Il Son, of Cameron, Ohio say
that it has gained reputation second
to none in that vicinity. Jas. n.
Queen, of Johnston, w. Va, says 1t Is
the best he ever used. b. r. Jones'
druggist, WinOna, Miss, says:
"Chambsrlain's Cough Remedy Is
PERFECTLY reliable. 1 have always war
ranted &c and it never failed to give
the most perfect satisfaction 50 cent
bottles for sale by ali dealers. BES-
SON, SMITH q Co., agents for the Ha-
waiian Islands.