davidaulloa/AmericanStories huggingface dataset:
The advocate and Topeka tribune., 1893-11-15
The City Of Abilene vs.. George W. Cowper-
thwait
AFFIRMED.
BY THE COURT.
SYLLABUS.
Error from Dickinson County.

~
l. The corporate authorities of . city per-
mitted lot-owner to make dangerous cellar
way in sidewalk and street in front OF his
house, which he subsequently covered with
frsil trap door that was defective in con-
struction and around which no safeguards
were placed. 1t remained in this condition
for about two months, when person travelling
over the sidewalk stepped upon the trapdOor
which broke down and precipitated him Into
the excavation below, causing severe personal
injuries. Held, That the city cannot relieve
itself from responsibility because the danger
Gus and unguarded opening was made and
covered by the lot owner; that 1t was the duty
of the city authorities to supervise the work
Of covering the cellar way and to cause the
use Of suitable precautions to prevent acc1-
dents; and that under the facts and clrcum-
stances of the case the city was negligent and
liable for the injury sustained.
2. Where diligent performance OF the duty
OF supervision in the construction of cover
ing over q perilous excavation in street
would bring knowledge to the officers OF the
defect and the dangerous character OF the
same, want Of such knowledge Is negligence.
All the justices cOncurring.
A true copy.
Attest: BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
6S5l

In. Bice VS.. P. A. Rogers
Error from Ness County.
REVERSED.
SYLLABUS BY THE COURT. JOHNSTON, J..
Upon an issue of fact as to whether trans
fer Of property was made to hinder, delay or
defrand creditors, it Is competent where the
one making the transfer Is q witness to in
quire Of him whether in making the transfer
he intended to hinder, delay or defraud his
creditors. Carbon vs.. Woodward, "A Kas 75S
All the justices conCurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
SYLLABUS.
BY THE COURT.


/. The rescission of a contract must be made
by q restoration to each Of the parties thereto
OF that which has been received under It, and
in order to obtain such rescission all OF the
parties interested in the property involved
must be brought before the court.
3 In an action to recover damages for fraud
ulently inducing the plaintiff to enter into
joint purchase OF lands with the defendants,
where the fraud charged Is that the defend
ants were part owners in the land and con-
cealed such fact from the plaintiff, the measure
Of the plaintiffs recovery Is the difference be-
tween the price paid and the fair market value
Of the property at the time Of the purchase.
8. To prove such market value the evidence
need not be confined TO the very day, but
proof OF value within reasonable time before
and after the transaction may be received and
considered by the jury.
All the justices concurrlng
A true copy.
Attest: ~. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15

]. B. Ehrsam VS.. John H. Mahann and W. p.
Seeds.
Error from Dickinson County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON, j.
l. The acceptance Of the services OF attorneys
and the receipt Of the avalls thereof operates
as q ratification and cures any want OF au-
thority in the agent who employed them.
2. Evidence examined and held to be suff-
cient to sustain the verdict and judgment.
All the justices concurring
true copy.
Attest: G. J. BROWN,
fsEAL1 Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
9l76.

9l76
The State of Kansas vs.. E. s. Decker
Appeal from Stafford County.
REVERSED.
SYLLABUS BY THE COURT. JOHNSTON, J.
/. In prosecution under paragraph $500,
gen. stats 1889, making IL unlawful to remove
buildings from real property upon which
there Is an unsatisfed mortgage duly recorded,
without first obtaining from the mortgageoy
such removal it 10 necessary TO allege In the
The advocate and Topeka tribune., 1893-11-15
The Missouri Pacific Railway Company vs..
Frederick Hildebrand.


The Missouri Pacific Railway Company vs,
Frederick Hildebrand
Error from Cofey County.
AFFIRMED.
SYLLABUS BY THE COURT. Allen
l. 1t Is not error to permit . witness who Is
accustomed to see trains Of cars pass, and who
says that he can tell whether they are moving
fast or slow by the sound, to testify that
train which he heard distinctly, but did not
see, was going pretty fast.
2. Questions Of fact are settled In the trial
courts. We look no further than Is necessary
to see that there Is competent EVIDENCE TO
sustain the findings, and In this case we find
sufficient evidence TO support the verdict
3. When the court in its general instructions
fairly gives the law applicable to the case, IL
need not give Instructions asked by party
which merely embody the same principles In
different language.
All the justices concurring.
A true copy. .
Attest: e. J. BROWN,
[sEALl Clerk Supreme Court
$685..
st. Louis & San francisco Railway Company
vs.. W. K. Kirkpatrick.
Error from Harper County.
AFFIRMED.
sHLEABUA Blythe COUEr. ALLEEJ.
The advocate and Topeka tribune., 1893-11-15

O0S2.
A. Jackson and Nancy G. Jackson VS.. The State
OF Kansas.
Error from Coffey County.
REVERSED.
SYLLABUS. BY THE COURT, ALLEN, j.
The sureties on criminal recognizance for
the appearance OF a defendant, and to abide
the Judgment of a court, and not depart with
out leave are discharged from further liability
where the defendant has duly appeared and
received sentence, and thereafter has offered
and submitted himself to the sheriff to be
taken into custody under the sentence i'm
posed by the court
All the justices concurring.
true copy. -
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15
9lS4.

VISA
The state Of Kansas vs. George Garrison.
Appeal from Johnson County
AFFIRMED.
SYLLABUS. sBY THE COURT. ALLEN. j.
A buggy house ain which goods, wares, mer-
chRndise and other valuable things are kept
and deposited" Is bulldingi in which burglary
may be committed under section So, chapter
81, OF the statutes OF 1882
All the justices concurring
A true copy.
Attest: G. ]. BROWN,
[sEALl Clerk Supreme Court.
$3.50.
Moriarty & Waller vs.. The Board Of County
Commissioners Of Morris County.
Error from Morris County.
AFFIRMED.
SYLLABUS BY THE COURT. ALLEN,J.
Printers who publish q delinquent tax list
and fail to make and transmit to the county
treasurer the atiidavit required by section i08,
chapter l07 general statutes Of 1889. cannot re-
cover pay for such publication from the
county.
All the justices concurring.
A true copy.
Attest: G. BROWN,
[sEALl Clerk Supreme Court
6S46
In the matter OF appeal OF Lewis Bigge, Ad.
ministrator
Error from Rocks County.
AFFIRMED
SYLLABUS. BY THE COURT. ALLEN, J.
Before an appeal can be taken from the &C.
tion OF the probate court on any part OF the
final settlement OF an administrator it must
appear that the probate court has taken hnal
action on the settlement, and has passed on
the whole account presented.
All the justices concurring.
A true copy.
Attest: c. J. BROWN,
[sEAL Clerk Supreme Court.
The advocate and Topeka tribune., 1893-11-15

John T. Carpenter and the Wichita and Valley
Center Motor Railroad and Land Company
Vs. Mary NJ. Wright.
Error from the Court OF Common Pleas Of
Sedgwick County.
The advocate and Topeka tribune., 1893-11-15
SYLLABUS.
6Sis

b6I8.
Chicago, Kansas & Western Railroad Come
pSny vs.. Clifford X. Pontius.
Error from Dickinson County.
AFFIRMED.
SYLLABUS. BY THE COURT ALLEN, J +,
A bridge carpenter employed by railroad
company In loading timbers on o railroad car,
for transportation to another point on the
company's line, may recover damages from the
company under section 90, chapter %, general
statutes 1889, for injuries sustained while so
employed occasioned by the negligence Of
cO-employe. Ry. Co. vs.. Harris, SO KAs., 4l6
X. II. Co. vs. Koehler, 81 Kas, 463
All the justices concurrlng.
A true copy.
Attest. BROWN,
[sEALl Clerk Supreme Court
The advocate and Topeka tribune., 1893-11-15

tate Of Hiram Constant. deceased, vs. S. Leh-
man, A. D. Gilbert, T. j. Templar and Willis
Moore, defendants.
The advocate and Topeka tribune., 1893-11-15

The state Of Kansas VS.. George Garrison.
Appeal from Johnson County.
AmpVnnTnn
The advocate and Topeka tribune., 1893-11-15

Aaslins 3. Conalant adnInlstEaktx oi be EEL sYLLl
The advocate and Topeka tribune., 1893-11-15
AFFIRMED.

Error from Dickinson County.
The advocate and Topeka tribune., 1893-11-15

Chicago, Kansas 4 Western Railroad Come
pany vs. Clifford X. Pontius.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
His Grievance.

A Boston man, at present number
ed among the bachelors, was talking
with a young married man the other
night and learned several inside secrets
about experiences during his enjoy
ment.
"Do you know" said the young
man, "that just about three months
prior to my marriage l began to get
disgusted with everybody. Icouldn't t
turn my head but some one wanted to
give me advice like this: oh, John,
YOU re SO foolish to get married now.
Why not wait FIVE or ten years |?
No man ought to marry until he has a
competence. Why, it is abso lutely
foolhardy.'
"Of course I knew that my fancee
was very economical girl and thor
oughly understood my financial condi-
tion. So you can imagine how | felt
when maiden aunt approached me to
talk over the matter and began like
this: John, this is downright foolish
ness and I protest against it. These
girls nowadays think Of nothing but
spending money they never know how
to save a cent. Now, don't you be
foolish. If she loves you, and l don
think much of girls love nowadays,
she will wait for you all right This
made me absolutely tired.
"Then, again, when my relatives
and friends began offering advice
about my course after marriage l be-
gan to internally squirm with rage
Going housekeeping? Don t you do
it. Grace is young and not used to
household duties and it would just
tire her out. Take my advice. | am
older than you and have been through
the mill, and just board for year OF
two.
"Then another friend would say
well, I hope you won't board with
your wife folks after you re married
There never was couple that go'
along we'll when they lived with theil
wife's mother. She'll want to run
everything, and you must remember
| that every mother still thinks hel
girls are babies. If you want to be
absolutely free go to housekeeping
Then you can have things Just as you
want them. Now, I know all about it.
for have been there myself.
"There, I won't talk any more on
this matter. These are few samples
Did I bore you? I feel better at any
rate. Imight add that I have boarded
with my wife's folks a month and We
got along like-well, I suppose you q
smile-but in fact-we get along
without clashing at all.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27

deyilish, hip.pocket pistol. I wish
they were all abolished, especially the
pistol. I verify believe that Judge
Hammond told the truth when he
charged the grand jury that every man
who carried one about with him was a
coward. eyes, gentlemen, I charge
you that man who carries pistol
habitually has got streak Of cowar-
dice running down his backbone as big
as fence rail-and that's the law. y
But the old-timc rife is a quiet,
peaceable gun. 1t is digniied. 1t
makes but little noise and it takes a
cool, unexcitcd man to use it in a
proper manner. A man who is mad
enough with another man to kill him
never says "I'll get rifle and shoot
him." But he says: "I'll get me a
double-barreled shotgun and blow his
brains out, or else he slips upon him
with one Of these little, dirty, sneak
ing pistols and shoot him unawares.
But the millennium hasn't come yet,
and folks will keep on killing folks
awhile longer. Ever since Cain killed
Abel and Lamech killed the young
man, folks have been killing folks and
the devil is at the bottom Of it all
will the time ever come when mau
will not resist evil; when the Chris
tian who is stricken on one cheek will
turn the other to his foe? Did the
Saviour mean that? If he did, how
many Christians are there?
BILL ARP.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
Japanese Criticism of American Man.
ner6.

America is large, strange and cold.
The. climate seems to me to affect the
people and make them rough and
noisy. never heard so much noise
in my life. In my home we do not
make great noise. Our emotions are
displayed, but they are quiet and me-
lodious; here joy and displeasure ap-
pear to- call forth harsh sounds. They
all seem to be in great haste and
they chew something all the time.
The ladies are the most beautiful
things in America, but they are very
strange to me. They always want to
shake hands. Then they kiss each
other. I don't like that. In my
country we only kiss our mothers and
sisters. Their dress is beautiful.
Their form is strange. / think they
must wear something around the
waist to hold them rigid. They are
all much larger than we are, yet their
waists are smaller. The other day
one of the lady visitors asked to come
into my house to arrange her dress.
She was as beautiful as the Java twi-
light. Her dress was the same. But
very strange. She wore jewels be-
meath her garments where no one
could ever see them. This seemed
strange to me. If the American wo-
man wears jewels on her knees, why
does she not wear her skirt short so
people can see them? This one had
much lace on her clothes. We never
wear any but single piece on the
waist. She had great quantities. She
had ~ so many skirts that l do not
know how she walked. She never
could run, I am sure. 1t is wonder
to me how they keep their hats on. [
am sure that the thin cloth they wear
over their faces would choke me. l
like the children the best. They look
SO clean and always have their faces
washed. I do not like the men in
America. They are not polite: Since
I have been here many men who have
been with ladies have pointed their
canes and fingers at me and said some
| thing. That is very impolite. We
bow, but never point. The men do
| not take their hats off when they talk
| to us in our houses. 1t is not what
they do in Java. At home We are
happy, and live our lives slowly.
! Here people live lives in one day. A
very strange thing here is the ques-
tions asked. Everybody asks ques.
tions. I am asked if am married; if
l am single; how old I am if l wash h
my hands and face every day; it !
paint my hair black; if my feet hurt
me, and when I answer people laugh.
That is very bad taste. Some day
they will learn better, for they tell
me this is a young ccuntry.-Ch'cag0
Record.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
School Learning.

\ female teacher Of a school,
that stood on the banks Of quiet En-
glish stream, once wished to commun-
icate to her pupils an idea of faith.
While she was trying to explain the
meaning of the word, a small covered
boat glided in sight along the stream.
Seizing upon the incident for an illus
tration, she exclaimed
eff were to tell you that there was
a leg of mutton in the boat you would
believe me, would you not, even with
out seeing it yourself?"
eyes, ma am" replied the scholars.
"Well, that is faith said the
schoolmistress.
The next day, in order to test their
recollection of the lesson, she inquir-
cd
"What is faith ?"
ga leg of mutton in a boat. was
the answer shouted from all parts OF
the schoolroom.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
HOW's This !!

We offer One Hundred Dollars Re-
ward for any case Of Catarrh that can
not be cured by Halls Catarrh Cure.
F. J. CHENEY & CO., Props,
Toledo, 0.
We the undersigned. have known F.
J. Cheney for the last Is years, and
believe him perfectly honorable in all
business transactions and financially
able to carry out any obligations made
by their firm.
West & Truax, Wholesale Druggists,
Toledo, O., Walding, Kinnan s Mar
vim, Wholesale Druggists Toledo,
Ohio.
Hall Catarrh Cure is taken inter-
nally, acting directly upon the blood
and mucous surfaces of the system.
Price, 75c. per bottle. Sold by all
Druggists. Testimonials free.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
ON THE ROAD TO HEAVEN.

AS ] look around on my way to hea
ven | say I do wish could see the
grand old Presbyterian church and her
grand old engine start away and see
her move out, and see the grand old
Methodist church out in line, and the
grand old Episcopal church and the
grand old Catholic church, all these
mighty engines Of power with their
freight out on the track, with their
throttlcs pulled wide open, the track
sanded, and the sparks just flying,
from all over there, each trying to
beat the other, and as we roll on to-
wards God mile a minute and look
down the river and see the Baptist and
Christian steamboat coming up the
rive just as fast as they can come.
Oh, my Lord, help us to whip in the
sight, win the prize and wear the
crown. Get up, shake the dust off
and be man,
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27

- Gertrude Vanderbilt, whose COM
ing out will take place this winter, IS
the daughter of Cornelius Vanderbilt,
and will be the richest girl in the
United States. She is Is, quite
pretty, we'll educated and has enough
fondness for outdoor exercise to please
those who would not find her other
attractions sufficient,
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
Bucklens Arnica Salve.

The best salvc in the world for Cuts
Bruises, Sores, Ulcers, Salt Rhcum,
Fever Sores, letter, Chapped Hands,
Chilblains, Corns, and all Skin Erup-
tions and positively cures Piles, or no
pay required. 1t is guaranteed to give
perfect satisfaction, or money refund
ed. Prise 25 cents per box. For sale
by Hill Bros.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27

Branford, Ct., has a curiosity in
the person of a man who can see like
an owl. In the daytime his vision is
poor, but in the night he has no diff
Guilty in distinguishing objects. 1t is
said that prior 80 his birth his mother
became frightened at an owl.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-09-27
Mason and Dixon 8 line. to which

= Mason and Dixon $ line, to which
frequent mention is made. is the line
between Pennsylvania and Maryland
and Virginia, surveyed by Charles
Mason and Jeremiah Dixon between
December, 1863, and December 26,
1867. 1t is the parallel of latitude 80
degrees, It3 minutes, 26.3 seconds,
north. The line as laid out, began at
the northeast corner of Maryland and
runs 24l miles due west. The impor-
tancc of the line was due to the fact
that it marked the northern limit \, .. of
slave tcrrit5fy before the war.-Bnlt-
more NcWs.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-01-26
Personal.

\. F. Gerald Esq, Of Fairfield, was in
tos yesterday.
Mis-. Mary j Reilly of Boston is the CUES,
Of Mrs.. Alden W. Phiibrook.
Senator Bradford of Pcnobscos county,
!, Ill a. his boarding place at Mr.. +. II.
Beale-.
W. +. Stilkey who has been i'll with a
cold for several days, returned 10 work
yesterday.
6. l.. Woodwork of Gardiner and a
party of friends from Hoalton were in the
city yesterday
Miss Mabel rockingham came home
from Salem last night on the 10 train for
a weeks vacation.
Col. j. W. Porter of Bangor was in
town yesterday calling on old friends. The
colonel was member of the Legislature of
1891.
Deacon l.. d. Emerson, president of the
Oakland National Bank AMI one of the
best-known bank men in the State, was in
town yesterday.
Mr.. +. w. Gowen of Waterville, Dep
uty r. W. &. Templar of the United
states, was in the city Yesterday. He
leaves for Ohio next week to engage in
lecture work for the order.
Among the many guests at the Cony
Ilonse yesterday were George W. Drisko
of the Machias Union and wife, Joseph
Wood of the Mt. Desert Herald, Miss c.
f. Crosby, Phillips, .. s. Haskell of the
rittsfield Advertiser. T. Wigyin of the In
,iustrial journal, Bangor and c. +. Ken
'lrick of the Boothbay Register.
Among the names taat crowded the Hotel
North register yesterday were: L. S. Dep
uty Marshal Burton Smith, Portland, u.
j. McLuce, Oakland, c. F. Choate, White
hrlJ, G. NJ. DOMAIN of Portland, publisher
Of the Maine Year Book, and wife, Super
iutendent of Schools Royal f. Gould,
BiIdeford, +. 6. Rich aud wife, Bangor,
W. F. Daggett, Fairfield AMI +. b. Wy
man, Ellsworth.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-01-26

Deputy Sheriff Chase OF Fairfield brought
down on the Pullman Tues lay night Frank
York of Fairfield, who escaped nearly three
weeks ago while at work outside the jail.
York was found on the outskirts of SkOw-
hogan. lie vas arrested in May, 1892,
charged with larceny and breaking and
entering. lie was committed 10 the Jail
and was tried on the former charge AT the
September term of the superior court. The
iury disagreed. standing | / to | for convic-
ton. At tie December term of the same
conrt York pleal guilty to the charge of
arcenf and was given 80 days. He was
considered a thoroughly reliable and trust
oor;iy prisoner. and. as his term would
na tIn nu' ou account of the reduction
!.,r go'h trha,ior, was occasionally en-
pis, c,i - ,,ntsi,le work about the jail As
has been stated he took advantage of this
10 run away.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-01-26

Mr. Whitten's views upon the investments
which savings banks should make are I'M
portant and sound, and will receive careful
consideration by our legislators. He says :
Il am firm believer In home investments
sn far as practicable and believe it would
b" for the Interests of some of our insttu
ti"ns if they would give this subject more
attention.
One of the arguments in favor of home
securities is the easy facilities afforded for
IN psiigating the conditions surrounding
them; the amount of the Indebtedness; the
value of the property bonded, the prospects
for ioing a successful business. and other
facts that 60 far towards determining what
constitutes desirable and safe investment.
The principal objection urged is the fact
that a ajority of our home bonds only
p,y five per cent. interest, while very
my foreign investments promise six per
rrnt. or more, and in order to pay depo-i-
tors four per cent dividends the banks can-
uot afford To purchase five per cent. secu-
rifles.
''uf course it is perfectly apparent that
/ ia order to pay four per cent. dividends. n
b INK must earn at least five and one-half
! pc cent. but the question of dividend Is
:, cuudary 10 the question of security.
1t is often difficult matter to ascertain
I'll the conditions affecting the foreign
h"nds. and it is frequently the ease that
/ banks have to depend largely on the state
mrnt of Interested parties. responsible or
otherwise, AMI in some cases, have after
wards found they were misinformed at the
tine of purchase.
| Another question that enters into this
: ,biect is the developing of our home in
/ d 'stries If good part of the MONEY that
/ has gone South and West within the last
/ few wears could have been kept at home
I and used to develop our own industries and
/ r. sources, i would have been Of great adj
/ uIuge 30 uur own State. and also. in Ger
/ : IN instances, 10 the bang investing the
T 41nP.
The question of security heiug equal,
= W onr Maine railroads and corporations
/ the first right to oar money. The sugges-
iiIn has been made, that our savings banks
be allowed to invest in improved real estate
/ in the cities of this State, to an amount not
exceeding iiye per cent. of their deposits.
and | sre no reason why it might not b
| safely done