davidaulloa/AmericanStories huggingface dataset:
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06
A STRANGE CASE.
sunken Ship Partly FIoated by Gases OF
Dead Bodies.

\ remarkable circumstance has been
observed in connection with the wreck
Of the steamer Leader OIL Pttsburg
Landing. says the San Francisco ChrOn
Ictc. When she sank there We're 400
sheep pcnned in on the main deck, Just
forward Of the cngInc-rOom. They
were all drowned
The gases generated in these dead
bodies have attained so great a pressure
a. almost to float the vessel. In fact, ! +
there had been sheep forward az well
as aft. there would have been little diff
Hculty in floating the Leader. As il *,
she IL grounded simply forward. The
stern, where AL the dead sheep are, de-
spite the heavy machinery, is atloat,
and tho steamer has drlttcd around
twice with the current from her origi-
nal position. At first apt. Benson. Of
the Mary CARAT, who was sent mp TO
raise the Leader, could not fathom the
mystery Of her huoyancv until Ire sat
down and figured it out. Work has
been begun on the vessel, and it Is cX-
pccted that she Will be tioated oil on
Monday.
The Imperial Woodpecker.
The imperial woodpecker is an exag-
rcration Of the ordinary rcd-headcd
voodpecker II is nearly two feet
long, its plumage black and white, with
a gorgeous scarlet crest. its bill white
II lives in Mexico and in the Sierra
Nadre Mountains. These birds are al
WAYS found ia pairs and are destroyeTs
of trees, as they devote their entire en-
crgies 10 one tree tor az hong ar a fort
night, inIurin@ il SO greatly that the
tree dies. In Europe and Asia there isa
gray-headed Woodpccker. The largest
European woodpcckcr j. l. inches
long, black with scarlet crest 1t is
called the great black montpelier. The
little brown woudpcrker of tcvlon il
not five inches long. The white headed
Noodpeckcr il a wisc-looking little
creature that lives in the pine woods Of
the Pacific Coast. There are some 80
species Of woodpeckcrs. and they i'll
habit almost every part Of tine globe
Phonetic Spelling.
IN extraordinary story Of the danger
at phonetic spelling * told bv an Aus
tralian paper. \ Scandinavian named
ole Baumgartz. who is established in
Australia az a school-masttr, WAS aston
lshci and outraged one day hy the re-
ccipt of the following mls7ivc: 'Old
Boom Cuts, Is queer. Cur, ass, Won ar a
man Of no legs | wish 10 inter my bowie
in Your skull \ conference was held,
and the writer. 4 newcomer, was visit
ed hy body OF inhabitants and asked
Indignantly to read his letter aloud, and
say What hc meant by it, lie read:
urE RtrNGNPTZ. i-q.-..- ~ yoll ave q man
u knowledge, wI>h Is enter my boy in your
school
In Torment
~uIejy ii there arr uuHappg sufferers on earth
npon g HON lhc angels l"uN down in rlfy ], is
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06
| oar Miners brow

HhIfFtN. y. :. Dee >. Pour miners
named Faulkner. Lois. savage and Tut
tie were drowned TO-DAY in the -
mondshaye gold mine, ten miles from
Haitian \ blast broke down the wall
and let in the water.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06
Steamer Sunk in Collision.

G!EEAITAE. Dec. @>.-The British
steamer Cornhiii rollided to-day off this
port with the British steamer Douglass
Hill. The Cornhi!i sank. Her crew
WAS saved
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

CHAPTER W. Continued.
Alice reused herself. she tried 80
smile
Aunt Martha i only TOO glad to get
+ rid Of me. she always looked on me
as a burden. and -
And was GLAD 10 see You happily
+ and well married, - finished the other:
% course that was natural. was it
nos:"
Alice : face was white now her hands
claSped together. were cold with the
humiliation she was enduring.
She knew how cruel was the woman
opposite. and how powei-less ehe was
/ 10 hght her. The shame which some
times oycrrame her fell on her heart
now like . heavy weight.
She saw herself as Valerie thought
/ hcr-a vulgar. common girl. the rela-
tive OF people who were bought out Of
the village. ont Of the home they had
. lived in for Years 50 that their pres
ence should not shock the eve. of the
Castle. no. recall how low lis master
! had sunk in mating with one Of their
number.
None knew none could ever know
what an agony Of pain and sham" lived
J in the YOUNG heat ., Roy Darrell :
wife
She va, utterly completely alone,
The man .or wuose sake She bartered
/ her freedom let his home two days
/ after the luneral o. his murdered
/ friend.
His mother still inhabited herr rooms
/ in the Castle. but there Was a chasm
between her son and her sons wife.
She treated he girl with ceremony
and courtesy. her wl~he. wee con
suited in every way. but the oder
woman the proud descendant OF an an
+ cient race refused 10 eat or lie familiar
4 with the girl. who. Il few DAYS before.
had cOnsOrtcd with farm-help and la
bOrer,.
Occasionally the two Lady barrels
met. and the elder woman would al
ways drop a deep courtesy to the
shrinking timid form Of The younger.
but they exchanged no word
Valerie Ross alone appeared 10 no
tjce the girl thrown 50 suddenly into
this strange life. but though to the
world her overture o. fricnd~ hip
seemed the essence Of kindness and
good nature. Alice knew to the 90 T.
tiary ami always suffered to:tlre dur
ing the visits from the beautiful
woman.
About mouh after. Roy's depart
tue. news rea he'd the Castle that the
Earl Of Darrell his elder brother a
man who had been a wandcrer from
his home for man. Years. wa, dead.
leaving no hcir. and Roy Darrell sue.
cecded to HE title and the estates.
The tjding- were communicated Il
Mice i'm the most ceremonious manner
bat thu fact that now She was Il count
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

\ train moving a. tGirty-Gye miles
an hour lIelTs fiftv ,eet in Due 70 T.
onI, or quicker than a mau c3a ump
aero The track. Iup.s >Eg".d paste
this in their hats.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

CIGARETTE smoke i the best d =
infectal known. No SeIfrc>T ectiuL
microl e would liDger long where tine
/ cstilentia. cigarette sucker has been.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

Il The plum ers should strike this
winter 1t will he the fist instance
where capital has struck.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

a NASuINGTUN cO,oFcd woman is
a washerlady aad teacher Of MUSIC
She Is probably sgap.auO.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06
The Shirt Tree.

In the forests Of the Oronoco couu-
try, in South America. grows tree
called ''the shirt tree" The natives
cut the trunk INFO cylindrical pieces
about two feet in diameter, and then by
heating and moistening the bark they
draw 1t of entirely. This bark, which
Is tibroUs and Of red color. resembles
coarse cloth. The natives cut arm
holes in each section, sew one end par
TALLY together and Use them as shirts.
In consequence of this, returned mis-
sIonaries from that country have 7aiI
that providence provided garments for
the people that grew ready upon
trees.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

they will gaze III mirrors by the hour If
not disturbed.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06
WOMAN AGAINSY WOMAN.
BY MRS. M. f. HOLMES.
rang the bell quickly and Davis

She rang the bell quickly, and Davis
appeared.
Light the candles in my room.
Davis, and unpack those dresses that
came the other day from London.
dine with the Earl and his mother TO-
night. and / must look we'll.
The maid bowed and left the room
with a mind full Of wonder and adj
miration. Never had she seen the
Young Countess look so beautiful. yet
she was changed.
There was something different some
thing that told she had passed from a
girl into 4 woman. that life had begun
with all its storms and Joys, Its trials
and happiness.
The Superior times. [volume] (Superior, Wis.) 1870-1912, 1894-01-06

"What makes YOU think he married
the lady for money: 81 have seen
her ~ NCqq,a torir. BiuHo.
The advocate., 1894-11-14

pointed to take possession OF and operate .
q railroad. After that Sction was begun and
ment action was brought by q landowner
against the railroad company In the district
court, alleging that payment for right of way
had not been made by the railroad company,
and q temporary order Of injunction was
granted restraining the company from operst-
Ing the road over his land, which was about
the middle Of the roed, but no effcrt was made
to enforce the order until the road and prop
erty had passed into the custody OF the fed
eral court The receiver was afterWard at
tached Eor contempt of the state court,
charging that he had violated the injunction,
but St time when he was operating the road
as receiver. Held, that the receiver was enti-
tied to the possession and control Of the en-
tire property, and that the order Of Injunction
ought not to be enforced against him.
Horton, q. j., cOncurring.
Allen, j., concurring specially,
A true copy.
Attest: c. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-11-14

regard Of the plaintiffs safety, that he would
be entitled 30 recover although he was guilty
Of ordinary negligence, Is error.
6. Ordinarily, IL Is not the duty Of a trav-
eler on approaching o railroad track to stop,
but there are cases where by reason OF OBJ
structions or noises In the vicinity, that he
but to stop and listen before crossing the
track. Whether the surroundings OF the cross
ing and the existing circumstances and con-
dltions are such IS TO require him to stop ls
ordinarily matter for the determination Of
the jury. Under the testimony in the present
case 1t cannot be said as q matter Of law that
the failure TO stop was negligence per sc.
All the justices concurnng.
A true copy
Attest: C.JBROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14

not amount to that much. The whole amount
$500, on interest three years at per cent
would only be $4S, and for three years would
be $l44, making . grand total OF &744. and you
share will Be between ave and Six bundled
dollars, what Is the use for me 10 pay more
than is necessary merely 10 have It returned" |"
and which refers to the notes in controversy ls
q sufficient acknowledgment Of an existing
from the bar Of the statute OF Limitations.
All the justices concurring
A true copy.
Attest: C.J. BROWN,
SEAL Clerk Supreme Court
The advocate., 1894-11-14

psrol agreement, in pursuance Of which such
deed was executed.
2 In such an action where there Is q con-
troversy ~ TO whether there was an absolute
and unqualified delivery OF the deed, and as
to whether the instrument claimed TO have
been delivered contained the name Of the de-
Hendant rs guarantee. it is error to instruct
the jury that the burden Of proving that the
delivery OF the deed was conditional, and that
such deed contained the name OF person
other than the defendant, rested on the de-
fendank Il was incumbent on the plaintiff 70
prove delivery to an acceptance by the do.
iendant OF the deed, and to prove that 10 was
deed conveying the mortgSged property TO
the defendant himself
All the justices concUrring.
A true copy.
Attest: C.J BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
976S
The State Of Kansas vs.. John Keefs.
Appeal from Kingmsn County.
REVERSED.
SYLLABUS.
ALLEN,J J
BY THE COURT.

1. In q criminal prosecution the state has
no right to impeach the general character for
truth and Veracity Of one Of Its own witnesses.
q On . trial for murder 1t Is not permis-
sible for the state to prove, Ostensibly for the
purpose OF impeaching the defendants son,
who was one Of the states own witnesses and
testified that he heard the fatal shot, that he
theTeupon exclaimed "FatheF has killed
George Ashley" where such statement was
denied by the son. and II In fact made, was
not within the sight or hearing OF the defend
ant, and where there Is no claim that the son
was connected with the commission OF the
crime.
8. The rights Of defendant in criminal
action should not be Drejudlced by the un-
authorized declarations of another person
made out OF his light and healing, and such
unauthorized declarations do not become
competent nor admissible merely because de-
MED by the person who Is alleged to have
uttered them. The admission Of such state
ments and the comments Of counsel thereon,
were highly preiudiciAl to the defendant In
this case.
4. Where Q defendant on trial under a
charge OF murder introduces evidence fairly
tending to show that he was assaulted by the
deceased, In such manner as 10 occasion rea-
aonable apprehension Of grea' bodily harm,
which the deceased was apparently In posi-
lion to presently infict. and where the evi.
dence renders 1t doubtful whether the de-
fendant acted in self defense in taking the
permitted to show the character OF the de-
ceased As to feroclty, brutality or vindictiVe-
ness.
5. The rule of law with reference to the
right Of party who Is threatened with great
personal injury to the defendant himself. as
declared in the cases Of State vs.. Horne, Kas.,
100: 8 ate vs. Howard, "a Kas., ia; State vs..
Bohan, 10 KRs., 55 approved.
g. The defendant In o criminal action who
has introduced testimony showing his pre-
vious good character has the right to have
such testimony considered by the jury in de-
term ming whether reasonable doubt exists as
to his guilt II from all the other good evil
dence in the case, the jury would be satisfied
Of the guilt Of the defendant, they must still
determine whether or not the previous good
chAracter OF the defendant when weighed with
all the other facts and circumstances in the
case, raises reasonable doubt as 10 his guilt.
And IL such reasonable doubt remains in the
minds Of the jurors they NUT acqult. OF the
weight Of such testimony and the effect to be
given to it, the jury alone mustjudge.
All the justices concurring
A true copy.
Attest: @. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
797S
The Chicago, Rock Island and Pacific Railway
Company VS.. John W. Hubbell
Error from Jewell County.
JUDGMENT MODIFIED.
SYLLABUS BY THE COURT. ALLEN,
SYLLABUS.


/. A contract for the transportation OF
freight from point in Missouri to point in
Kansas, for rate less than that demanded
and collected from other persons, for . like
service 1T the same time, where the usual rate
Is not unreasonable nor excessive, violates
the provisions OF the interstate commerce act,
and Is utterly void.
q The fact that special rate was offered
the plaintiff by mistake OF the agent OF one OF
two connecting lines Of railroad, cannot give
any added force to the contract contract
made by mistake can have no greater validity
than one Intentionally entered into.
8. joint tariff rate of &270 per ton on
shipmen.s on coal between Richmond, Mis-.
souri, and MRnkato, Kansas, had been agreed
on, and was In force and In use by he ST.
Joseph, St. Louis and Santa Fe Railroad COM
pany, which operated line from Richmond,
Missouri, to st. Joseph, Missouri, and the Chi
Cago, Rock Island and Pacific Railroad com
panY, which operated q connecting line from
ST. Joseph, Missouri, to MankRto, Kansas. The
agent OF the hrst named company by mistake
quoted the plaintiff q rate OF 81 70 per ton on
carload shipments of coal from Richmond to
MankGto. The plaintiff thereupon shipped
ten carloads, Held, That the Rock Island COM
pany Is in no manner affected by such mis-
take, but is entitled to collect the full Gus
tomary rate, there being no pretense that
such rate Is excessive or unreasonable.
All the justices conCurrlng.
A true copy.
Attest: c. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
T2l8
John P. FTeese vs. james Rusk, Maggie Rusk
and James Z. Cofman.
SYLLABUA

SYLLABUS BY THE COURT JOHNSTON, ]
1. The power to correct q mistake or to
cancel an unlawful enVTy of Usage Indian
trust and diminished reserve land continues
in the executive officers Of the United States
Land department until the legal title passes
from the United States and their decisions
upon all questions Of fact are conclusive upon
the parties and binding upon the courts un-
less they are vitiated by fraud and imposi'
tion.
2. Where the commissioner Of the general
land Office cancels such an entry before the
Issuance OF patent, upon proof tending TO
show that the claimant did not have the
qualification OF pre.emptOr and was not an
actual settler upon the land at the time Of the
entry. and there is no appeal from his de.
cision thereon, 1t viii be treated rs final and
conclusive, and mortgage executed by .
grantee Of the one who made such unlawful
entry before the cancellation was made and
while the title was in the United States is In
valid.
All the justices conCurring.
A true copy.
Attest: G. ]. BROWN,
rsEALl Clerk Supreme Court
The advocate., 1894-11-14
7l87.
Atchison, Topeka & Santa Railroad Company
vs.. w. j. Hague.

Atchison, Topeka & Santa Railroad Company
vs.. w. j. Hague.
Error from Johnson County
REVERSED.
sYLLABUa BY THE COURT. JOHNSTON, J
1. In an action against q railroad company
to recover for injuries resulting from COLL.
sion with team and wagon at the crossing OF
a highway, where IL Is claimed that those In
charge OF the train failed to give the required
statutory signals on approaching the cross
ing, the admission OF testimony that such
signals were not given on the same train
at another crossing mile and hall iurther
along and which was reached within TWO
minutes after passing the crossing where the
collision occurred Is not error.
2 In some cases ordinary care requires thsb
those in charge Of train shall give other
warnings and take further precautions TO
avoid injury upon approaching crossing
than those required by statute, The giving Of
the statutory signals is not always the full
measure Of the railroad companys duty 70
those who may be upon or passing over tne
crossing,
train which causes an injury may bs consid-
cred by the jury in connection with the locG-
tiOn and surrounding circumstances upon
question of negligence, but where there 70 no
proof that the speed at which the train In
question was run was dangerous. the giving
Of an instruction as to the liability OF q COM
pany for running its train St dangerous
rate Of speed Is improper.
4. An instruction that party approaching
. crossing has q right to assume that IN han
ding the cars the railroad company would
act with proper care, and that reasonable and
necessary signals Of approach would be given
by those In charge Of the train, Is not pretudi-
cIal error where the court in the same con-
nection inssructs that such traveller Is re-
quired to make Vigilsnt use Of his senses 80
far as there is opportunity, TO ascertain II
there Is present danger In crossing
s. Where no testimony Is offered showing
recklessness or Wantonness Of those In charge
OF . train, an instruction that IL the jury ind
the negligence Of the company was 50 gross
a. 20 amount to Wantonne31or . reckless dis
The advocate., 1894-11-14
Error from Brown County.
AFFIRMED.
SYLLABUS.
ALIEN J
BY THE CoURT.

l. In an action prosecuted by the county
attorney under paragraph 2633 OF the general
q nuisance, the addition to the words The
state OF Kansas" in the title OF the action, Of
the words "kx rel X. I. Herrlck, county attor-
ney OF Brown county" although unneC essRTy,
does not prejudice the rights OF the defendant
nor render the petition demuTable.
q Proof OF several unlawful sales Of whisky
In the defendants dug store is sufficient TO
uphold Judgment granting perpetual In
junction under the provisions Of said section.
All the justices concuFrlng.
true copy.
Attest: G. J. BROWN,
[sRALl Clerk Supreme Court
The advocate., 1894-11-14
The Chase County National Bank, OF al, vs..
Mary l., Thompson.

The Chase County National Bank, OF al, vs..
Mary l., Thompson.
Error from Chase County,
AFFIRMED.
SYLLABUS BY THE COURT. JOHNsTON-J
/. In an action Of replevin where the de-
fendant retains possession of the property
the judgment for the llaintiff should be In
the alternative for return OF the property or
for its value in case a return can not be had :
and such judgment should be rendered al
though the plaintiff may only ask in his petit
tion for the recovery Of the possession OF the
property.
2. In such case, and even where q return
Of the property can not be had, the plaintiff Is
entitled TO recover damages resulting from
the wrongful detention of the property
All the Justices concurrtng.
Attest: G. ]. BROWN,
SEAL Clerk supreme Cour.
The advocate., 1894-11-14
7234.
1884
David B. Veatch vs.. s. G. Babcock and c. II.
Alexander.
Error from Kingmsn County.
REVERSED.
SYLLABUS.
ALLEN.J
BY THE COURT.

/. The report OF the referee In this case ia
based on vague and unsatisfactory testimony,
and contains q glaring error In computation.
The order OF the court modifying the report
Of the referee does not appear TO have any
definite basis in the evidence, Held, That the
judgment should be set aside, and q new trial
ordered.
q The best evidence OF which the case is
susceptible should be adduced In an account
Ing between partners, II books containing an
account OF sales are kept and open 10 the In.
spection OF all the members Of the firm, and
all members OF the firm have frequent opp0r-
tunity to inspect them, estimates OF profits
sought 10 be realized, but not shown by the
evidence are not permissible.
All the justices concurrlng.
true copy.
Attest: G. J, BROWN.
tSEAJl Clerk Supreme Court
The advocate., 1894-11-14
T267.
The Atchison, Topeka & Santa Fe Railroad
Company vs. Margaret Zeller.

Error from Barber County,
REVERSED.
SYLLABUS. By THE COURT. ALLEN,
/. railroad company which procures COM
petent surgeons to attend brakeman, injured
In its employ, and proceeds to transport him
to g hospital in pursuance Of the advice and
direction Of such surgeons, and complies with
all their di ecliOns as TO his safety and care,
Is not liable for any mistake, error In iudg-
ment, or want Of foresight In such surgeons.
2. The plaintiff had his leg crushed at Wood
ward, In the Indian Territory. By direction
OF a surgeon he was transported into Kansas.
This action is brought to recover for improper
treatment afterward received by him, no
claim being made on account OF the original
injury. The jury In answer TO q special ques-
tion find that he died from the injury received
in the Indian Territory, and consequent loss
Of blood All that was done by the railroad
company and its employees, was under and In
accordance with the direction aud advice Of
compt tent surgeons, in whose selection there
10 no claim of want or care, HeLd That the
company is not liable for the death Of the In
jured man.
All the justices concurring
A true copy
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-11-14
Error from Marion County

Error from Marion County
AFFIRMED.
SYLLABUS. Blythe COURT. JOHNSTON, J
/. Where personal service is made on one
defendant, and another, against whom no
personal Judgment was asked, ts served by
publication, and where the latter aiterward
makes general appearance and files plead.
ing, 1t is competent for the court thereafter to
allow the original petition to be amended so
as to charge the latter personally and to war.
rant the recovery OF personal Judgment
against him.
2 In an action where it Is claimed that two
persons are lab Q for goods furnished, the
fact that they are charged to one upon the
books Of the seller Is an important CirCum-
stance in determining to whom the credit was
actually given. but It Is not Of itself conclu'
sive. All OF the facts and circumstances are
to be taken into account in deciding whether
one or both are liable.
g. The testimony examined and held to be
sufficient to sustain the findings and judgment
Of the trial court
All the justices concurrlng.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court