davidaulloa/AmericanStories huggingface dataset:
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-11-15
Political PercoIasIons.

Hereafter the voters OF Wide Hollow
precinct well be obliged TO register before
they are permitted to vote. According to
the vote for congressman the precinct cast
257 votes, and for supreme judges 277
votes. Either one would require the
adoption of the registration system.
The republican ratification Saturday
night was rather cold blooded affair
aside from the torches, which were loan.
ed by the democrats, and the fireworks
and music. The procession was notable
for the absence from the ranks of J. J.
Carpenter, II. ID. Winchester and f. Z.
Butler. They had been led up to the
slaughter. The speaking was so frigid as
to recall story OF California campaign
where a witty lrishman was asked to take
notes OF meeting in which there were
two statistical speakers. His report was
that Mr.. Blank talked for an hour and a
quarter and froze his audience stiff. and
then Mr.. Crank appeared and skated
over them for an hour and three-quarters
Local democrats are well pleased with
the management of their campaign, al
though they had hoped the result would
be somewhat different. In this connec-
ton We cannot help just mentioning that
many complimentary words were passed
upon THE HERALD, and it is credited with
making strong and clean fight for its
party nominees.
Hon. John L. Wilson was Yakima
visitor on Sunday last, having stopped in
the city while en- route to the sound. Mr.
Wilson is looking after his senatorial
fences over the state, and endeavoring to
ascertain if they have been weakened or
strengthened by the result of the recent
election. He will leave soon for Wash
ington, ID. c., and promises that his most
urgent efforts shall be directed toward
some plan ior opening the Yakima Indian
reservation. Mr.. Wilson requested THE
HERALD to state that he would be glad to
receive and answer any letters upon this
or any other subject of interest to Yak
ina residents, during the coming session
which is to be his last one in the lower
house, whatever may be his chances for
the higher.
Yakima City recognized as city OF
the fourth class at the election last week,
by vote of GA to IL. The main result
accomplished is a lessening of corporate
territory, the city now being confined
within two-mile area. Municipal ex-
penses are also curtailed by the new or
ganization. The general city election &C.
ours about December /, when full corps
OF city officials will be chosen. The
reorganization has one regretted effect, in
that it will deprive the genial Charles
Lake of his title, 'the mayor of Old
Town"
In the next state legislature the repub-
licans will have q majority of "a on joint
ballot, having SO out of total OF liz
members.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-11-15

were in their hands. This being the case
THE HERALD would paraphrase by ask
ing: Oh, republieanism where is thy
sting; oh November 9Th where is thy
victory.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-11-15

DIR. Prices Cream Baking Powder
Worlds Fair Highest Medal and Diploma.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-11-15
t0aI Is Cash.

On and after October Roslyn coal will
be cash. Orders for coal must be left at
the Northern Pacific depot, where prompt
attention will be given.
37-tf JoHE REED, Agent.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-11-15

North Yakima Drug Store, in the Terry
building, one door south of Yakima ave-
nue., on First street.
The advocate., 1894-04-11

N. NJ. Co. to secure q bona fde debt. N. n. Co.
took possession OF the moFtgaged goods and
placed them IN charge Of its agent, and also
Immediately recorded its mortgages. Il then
assigned TO the plaintiffs the note and mort
cages. A few days afterwards the goods ere
attached by the sherih In actions sgalnss tne
thereafter sold by order OF the distrtct Judge,
About three months after the attachment was
levied, plaintiffs commenced this suit to re-
cover the goods or their value. The trial court
found in their favor; Held, that the record
does not show either that the mortgages were
fraudulent or void, or that the plaintiffs waived
their rights by delay In enforcing them.
All the justices concurring.
Attest: C. J. BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-04-11

broker to the vendor as q customer, but the
negotiations between them are unsuccessful,
and afterwSrd the vendor in good ialth en-
nIovs the broker so introduced to him to pro-
cure purchaser, and he thereupon produces
a purchaser. and is the proximate, efficient
ana procuring cause Of the sale and exchange
of the property. he would be entitled to the
Commission, rather than the brokers origin
sily employed and who introduced him to the
vendor.
contradictory and insufficient to sustain the
general verdict, the judgment based on the
general verdict win be reversed.
All the justices concurrinP
A true copy. Dowy
Attest =. J. 6hOnN,
lsEALl CIerk supreme OouE~
The advocate., 1894-04-11
SYLLABUS.

/. On a prosecution for murder declarations
of the deceased prior to the fatal encounter
are inadmissible, except when properly part
of the res Gest8. A witness was permitted TO
testify that Immediately after an alteration
between the defendant and the deceased, and
about ten or fifteen minutes before the fatal
shot was fred, "Mr Gross was standing In that
alley back Of Costellos. didn't see Mr.. Nc
Carly at all. | went down to Gross, and
he said McCarty had gone to get gun to kill
him." | said "You had better go down to
the shop" He was working for Mr. Hauser
"Go around to the shop and not have any fuss
with him." Another witness testified that he
overheard the alteration between the parties
heard John tell him he would go get his gun
and kill him" 1t appears from the testimony
of many witnesses that the defendant did go
and get a gun, and did shoot and kill the
deceased with 1t, within very short time, Held,
That the admission Of this testimony Is not
such an error as requires a reversal OF the
judgment.
:. The defendant was charged with the
crime of murder in the first degree. He ad-
mitted having killed the deceased, but
therefore justiiable. The court correctly
charged the jury, as to what constituted MUIR
der in both deg ees, and what would justify
the action Of the defendant, and also charged
with reference to manslaughter under various
| sections Of the statute, but omitted to mention
| section II Of the crimes act, or TO give any
instruction as to what would constitute man
slaughter in the second degree as therein de-
| fined The defendant was convicted Of murder
| in the second degree, Held, That the facts in
this case did not imperatively require the
court to explain the law with reference to
manslaughter in the second degree as defined
in section II, and that no material error Is
shown by its failure to do 80.
8. The defendant in criminal case after a
plea OF not guilty has been entered may take
the deposition Of absent witnesses, condition
ally, upon commission issued by. the clerk
of the court and service Of like notice on the
prosecuting attorney Of the time and place OF
taking such dispositions as in civil cases, and
| where depositions are 80 taken, they need not
be upon written interrogatories as provided
in section 351 Of the code Of civil procedure.
| l. Where . deposition so taken Is excluded
by the court, 1t is error, but where the sub
| stantial facts sworn to by the absent witness
are also proven by another witness, whose
| testimony Is wholly uncontradicted, and
where the substance Of the testimony ex-
cluded is concerning Q remote and unimport-
ant circumstance, which could not possibly
The advocate., 1894-04-11
I'd. Lewis VS.. MetcAlf, Moore & Company.
Error from wyandotte County.
REVERSED.
SYLLABUa
ALLEN, J

SYLLABUS. BY THE COURT ALLEN.
/. local usage in particular market Is
not binding on persons dealing in such mar
ket where 1t appears that neither OF the
parties to the transaction intended TO comply
with such usage. The only ground on which
a local usage different from the general GUS
tom can be held binding, Is that the parties
who deal in the place where such usage pre-
walls are presumed to have contracted with
reference to 1t, and in this case the facts mega
tive such presumption and query, whether any
such uniform usage Is shown by the evidence
as would be binding ON parties dealing at the
Kansas City stock yards.
3. After the authority Of an agent has been
revoked and actual notice OF such revocation
has been given to 3 party dealing with him,
the admissions and declarations OF such agent
thereafter made are not binding on his prln-
cipal, nor admissible In evidence against him,
and in this case the acceptance by the agent
after the revocation, and notice thereof OF his
agency of moneys due the principal In pay
ment of the personal debt Of the agent does
not affect the right Of the principal to collect
the sum due him.
All the justices concurring.
A true copy.
Attest: Y. J. BkOMN,
IsEALl Clerk Supreme Court.
The advocate., 1894-04-11
7O96.

Matilda A. Duvall vs. William Simpson and
Emma Simpson.
Error from Norton County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON j..
While the lapse Of time will bar equitable
relief against o mistake made in describing
land intended to be conveyed. the period OF
limitation will not begin to run until the dis
covery OF the mistake or until the time at
which by the exercise of reasonable diligence
il might have been discovered.
All the justices concurring.
Atrue copy. Dou>,
Attest: Y. J. bHomN,
TsEGLl Clerk Supreme Court.
The advocate., 1894-04-11

have much weight with the jury, the error is
not such as warrants reversal OF the judg-
mene.
All the justices concurrfng.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-04-11

made, the action to recover the penalty Is
barred by the statute Of limitations
All the justices concurring.
true copy.
Attest: G. j. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-04-11
6957.
state OF Kansas, ex rel, and the City Of Greedy
We. w. II. Mcclure.
Error from Anderson County.
AFFIRMED.
ALLEN,J
BY THE COURT.
SYLLABUS.

Where the original plat OF a town site filed
by the proprietors In 1859, shows that certain
quarter Of q block was plated into lots. but
which the plaintiffs conteno was dedicated by
the declarations and conduct Of the owners
for public square, and whore said ground
thereon portion OF the time, and said lands
marked on the assessment roll as exempt dur
| ing other portions Of the time, and the testi-
mOny fails to show clear, r,unequivocal,an un.
such ground to public use, the findings OF the
trial court in favor OF the defendant cannot
be ignored or set aside, and Held, that In this
case there was evidence to sustain every ma
| terial finding OF fact.
All the Justices concurring
A true copy.
Attest: c. J. BROWN,
fsEALl Clerk Supreme Court
The advocate., 1894-04-11

DELLEFONT NURSERY-H and black
ID locust for timber claim planting In west
Prn Kansas. Prices: to o10inches, S1.609a 900;
II to IS inches, S2257p1 900; 20 TO 80 inches, &8
1000. We are prompt and win ship with the
greatest care. Address ]. 4. MELLECKER, Belize
font, Ford county, Kansas.
The advocate., 1894-04-11
7A4.
The Kansas g. Colorado Pacific Railway Com
pany vs.. Joshua Wright.
Error from Sumner County.
BY THE COURT.
JOHNSTON J.
SYLLABUS.

A Judgment was rendered by a judge OF the
district court near the end Of his term, on
November /, 1889, when sixty days were given
thereafter were allowed to suggest amend
ments thereto, and it was ordered that the
case should be settled at some future time on
Ave days notice. The case was served Decem-
ever suggested or made. The term Of the dis
trict Judge who tried the cause expired on
January Is, 1890, three days after the time for
suggesting amendments had passed. No notice
of the presentation Of the case for settlement
and signing was given until the following
June, and the case was settled over objections
on July 10, 1890. Held, That as the term OF the
Judge expired when no time was fixed for set
thing and signing the case, he had no authority
TO settle and sign the same.
All the justices concurrlng
1ttest: Gu BROWN,
TsEGIl Clerk Supreme Court.
The advocate., 1894-04-11
1854.


I'D. Lewis vs. Metcalf, Moore l. Company.
Error from Wyandotte County.
AFFIRMED.
SYLLABUS. BY THE COURT ALLEN. j
Where the petition Of the plaintiff alleges
that the defendants wrongfully obtained the
possession Of certain hogs belonging to him,
and converted them to their own use, and the
proof shows that the hogs were shipped to the
defendants by the plaintiffs agent, who had
authority so to do. for sale, and they were sold
by the defendants under such authority, and
where no amendment to the plaintiffs peti'
tion is made, Held, That q demurrer to the
plaintiffs evidence was properly sustained
even though it appears that the defendants
have not paid to plaintiff, or his agent, the
proceeds OF the property sold
All the justices concurring
A true copy. ,,,>,
Attest: Z. }. BROMN,
TsEALl Clerk Supreme Court.
The advocate., 1894-04-11
SYLLABUS.
7()89.
H. C. Wey vs.. W. H. schofield.

7O89.
H.C.We vs.. W. H. Schofeld.
Error from Phillips County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON. J.
An action to recover penalty for failing to
discharge Of record o mortgage which had
been fully paid and satisfied cannot be main
tanned untfl demand for such discharge has
been made, and 1t can only be brought within
one year after the cause Of action accrues; but
whore no demand 10 made until more than
one year after the demand could have been
The advocate., 1894-04-11
Error from Finney County.
AFFIRMED.
SYLLABUS.
BY THE COURT.

The defendant executed IN Ohio promis-
sorry note, to which was subjoined general
warrant Of attorney to confess judgment
thereon, he afterwards removed to Kansas.
Held, that judgment duly entered in Ohio,
by confession under the warrant OF attorney.
Is valid, Notwithstanding the defendants re-
moval from the state.
All the justices concurring
A true copy.
Attest: c. J. BROWN,
[sEAL Clerk Supreme Court
The advocate., 1894-04-11
Error from Marion County.
REVERSED.
SYLLABUS.

KEVEk6ED,
SYLLABUS BY THE COURT. JOHNSTON j.
A general assignment made for the benefit
of creditors which purports to convey all the
property of the assignor entities the assignee
to the possession and control OF properly
fraudulently conveyed by the assignor about
the same time for the purpose Of defraud1ng
creditors, and the assignee as the representa-
tive of the creditors may institute proceed
ings in their behalf to set aside such fraudu'
lent conveyances to the end that he may gain
dominion over the property and make an
equitable distribution of the same among all
the creditors Of the estate.
All the justices concurrlng.
A true copy. Dnou,N
Attest: Y. j. bhoMN,
TsEALl Clerk Supreme Court.
The advocate., 1894-04-11
1880
Ut. Smith VS.. VIM. P. Higinbotham.

1T. Smith vs. VIM. P Higinbotham.
Error from Riley County.
REVERSED.
Sv1LARUa BYTHE COURT. JOHNSTON, J
Case reversed on the authority Of Limbocker
VS.. Higinbotham, 81 Kss. -; 80 Pac. kep'' foS'
All the justices concurring.
A true copy. DpoyN
TsEELl Clerk Supreme Court
The advocate., 1894-04-11

Martin silk vs.. Mrs. w. d. Bagby and w. d.
Bagby.
Error from Franklin County,
DISMISSED.
SYLLABUS BY THE COURT. ALLEN.J
The amount In controversy in the district
court being less than 500 and the case not fall
ing within any exception contained In para
graph 4642 Of the general statutes Of 1889. The
case is dismissed on the authority OF Rich
mond vs. Brummie, - Kas. --.
l. All the justices concurring.
A true copy.
I Attest: G. j. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-04-11

]. C. Kitchen VS.. The Belleiontaine National
Bank.
The advocate., 1894-04-11
Fitzpatrick Koch Dry Goods Company VS.. Kahn
Brothers.

Error from Norton County.
AFFIRMED.
SYLLABUS. BY THE COURT ALLEN,
1. In order that plaintiff below may obtain
a reversal Of q Judgment for errors In the In
structions of the court, the record must show
that the plaintiff offered evidence tending to
establish every fact essential to his recovery,
and where in an action to recover goods
claimed to have been fraudulently purchased,
substantially all the evidence with reference
to the purchasers sOlvenoy Is omitted, the
court will not assume that sufficient evidence
to establish that fact was offered at the trial.
q Where purchaser buys goods with In.
tent to defraud the vendor OK their price, ana
sells them to q third party, 1t Is not necessary
that the last named purchaser should have
had notice of the original fraudulent purpose
in order to defeat his title, but in order TO
protect such subsequent vendee IN his pur-
chase the burden rests on him to show that
his purchase was free from fraud and for
valuable consideration.
g. Where special questions are submitted to
the jury 1t Is error for the court after conclu-
sion Of the arguments to charge the jury to
make their special findings conform to their
general verdict. The sole duty OF the jury
with reference to such questions Is to answer
them truthfully.
4. The declarations Of an agent as to matters
outside of his agency are inadmissable against
the principal.
All the justices concurring.
A true copy.
Attest: c. J. BROWN,
[sEALl Clerk Supreme Court.
7OSz
Rohlfng & Company VS.. Frisbee D. Carper
etal
Error from Trego County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN, J
An incoming partner Of trading firm is not
liable for the prior debts Of the firm without
special promise, founded on a sufficient con-
sideratioh, but such consideration may be the
interest in the property OF the firm received
by him at the time he becomes member
All the justices concurrlng
A true copy. .
Attest: q. j. BROWN,
fsEALl Clerk Supreme Court.
7O2s.
Anon Butler, Sheriff vs. Case & McNeny.
Error from Norton County.
AFFIRMED.
SYLLABUS BY THE COURT. ALLEN,J
s. & Co. executed chattel mortgages to the
The advocate., 1894-04-11

In THE SUPREME COURT
OF THE STATE OF kansas
I,C. J. Brown, clerk Of the supreme court OF
the state Of Kansas, do hereby certify that the
foregoing are true and correct copies OF the
syllabi OF the decisions In the above entitled
cases as the same appear on ile In my Office.
witness my hand and the seal OF the supreme
court, this 9th day OF April, 1894
fsEALl @. j. BROWN,
Clerk Supreme Court
The advocate., 1894-04-11

State OF Kansas vs.. John E. McCarty.
Appeal from Marion County.
AFFIRMED.
SYLLABUS, BYTHECoURT. ALLEN.
The advocate., 1894-04-11

f. S. Walton, as Assignee ETC., VS.. Mary E. Eby.
1870
E. s. Walton, as Assignee, ETC., vs. Edward f..
Eby.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-03-20
JUST AT THIS SEASON.
The Most Attractive snd the Most Dscsitfsi
Of All the Year.

This II the most dangerous season OF the
year. It may be pleasant, may often
seem attractive, but back OF all the plea
SAINT atmosphere there Is danger! This
danger comes In some form OF sickness.
Almost any sickness starts with n cold
or n chill caused by the sluggish action
NJ the system. That is why 80 many
peoplc lust now complain OF tired feel
inrs. pains In the muscles and bones, loss
OF appetite. Soring fever, and similar
troubles.
The following is good advice from a
nromInent medical Journals Pneumonia
and other dangerous complaints, which
result, from a neglected cold, can always
be avoided IL timely remedy Is taken.
when chilly sensations are felt they
should be stopped Immediately or serious
consequences will follow. There Is only
one way known to the world OF avoiding
a cold or chills, and that is TO. use good.
nure. strong stImulant. Nothing ordinary
will do. Ii must be something sure IN
its action and scientifically prepared. For
this reason nothing has ever equailed
Duffy's Pure Malt Whiskey, which Is ac-
knovIedged to-day by physicians and sci
entinc men to be the only pure medicinai
whiskey on the market
This valuable advice may be probably
followed by many people VINO are suner-
ing to-day from the early effects Of colds.
chills, or possibly grip in It's advanced
stages. Duffys Pure Malt Is always re-
liable and effective. People should not
however, permit any dealer TO substitute
something which is claimed TO be Just
as good" or about the same thing"
Nothing else can possibly compare with
that which has proven itself by years
of use to be the best and purest in the
world.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-03-20
Oygters of the World

The Baltimore American, in an article
on ''The Worlds Oysters" says:
I'm the Chesapeake bay are the larges
and best beds in the world but wher,
100000 bushels were harvested fourteen
years ago not 100000 bushels will b,
caught this year"
The American then refers to many
other oyster waters to show that theil
supplies are becoming exhausted or that
their products are inferior as to flavor
and adds:
Looking at the oyster situation, there.
fore, all around, the conclusion Is inevi'
table that the future Of the supply de-
ponds upon the Chesapeake bay. What
are Maryland and Virginia doing to pro.
tect and increase 1t? Simply leglslating
on police boats and season limits, and let
ting the real question as severely alone
as IL there was not an oyster within q
thousand miles Of this section"
This charge is unjust as to Virginia
1t is evident that our Baltimore contem-
porary has not kept up with our oyster
legislation. During the past three years
Virginia has surveyed and charted the
greater part of her oyster bottoms-both
natural rocks and areas suitable for
planting-and passed laws which 1t is
believed will make oyster culture a
prominent business industry. The last Le-
gislature passed a reciprocity act design
ed to protect the oyster bottoms of both
Virginia and Maryland from being raided
and destroyed by trespassing dredgers.
but as far as the Virginia authorities
have been informed the Maryland Legis-
lature has not responded.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-03-20
The Street.Car Saryt,a

II the Richmond Railway and Electric
company shall succeed in handling all the
passengers who Will present themselves
sor transportation at certain hours of the
Gay and night during the Moody meet.
,ngs soon to be begun In this CITY that
company will prove itself to be all that
ats warmest friends claim for II. The
sireet-raiiroad system penetrates every
part OF the city and the Moody tabernacle
VIII be practically only few souares
distant from the remotest of these parts
Thus the sagacity shown In locating the
street railroad will operate TO render II
no easy task to accommodate the crowds
OF people who Will flock to and from the
tabernacle As the cars will be packed fuII
before they leave the corner OF Twenty
ninth and p streets the question at once
arises as to how the persons awaiting
transportation all along the line are to
b accommodated.
The people earnestly desire TO attend
the Moody meetings, and will be satisfied
with almost any arrangements which will
enable them to do so. They would con-
tent themselves with rough box-cars "for
this occasion only" And. besides, It will
be practicable to run two or even more
cars together.
Howeve.. we shall not undertake to
prescribe the manner in which the street.
car service may be increased for this in
teresting occasion. We have confidence
that the public win find 1t all that It
ought to be. But 1t Is not . light under
taking which we thus commend TO the
railway managers whose system includes
Barton Heights. Chestnut HIN. and Man
chester. in addition TO two lines running
respectfyely foni the new reservoir 70
Church Hill and Fulton.