davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

does not participate in the wrongful intent OF
the debtor.
B A creditor, who IS in absolute good faith
takes the property of his debtor at fair valu-
alton IN payment of his debt.although the pay
ment of an honest debt may absorb the entire
properly of the debtor, commits fraud
against any one.
4 The mortgage named a defendant
in the attachment suits brought by the cred
itors but The goods were levied upon the
properly OF another. These suits were pend
Ing and undetermined when the replevin
ton was begun, but before the trial
OF the latter the attachment
creditors abandoned the prosecu-
ton of the attachment suits against the mort
gagee and they we're dismissed to him Held.
That the creditors were estopped from assert
ing that the action of replevin could not be
mai tanned because IL was begun before the
attachment proceedings were determined
Ill the justices concurung.
true copy.
Attest: G. J. BROWN,
leEAI-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
I364s.
The State or Kansas vs.. Ben Douglas
appeal from Republic County.
AFFIRMED.


SYLLABUS By THE COURT HORTON. G. J
L An information under y of the
crimes act charging the defendant with hav-
ing assaulted. MANNED, wounded and dis
figured with knife s. is not fatally defec-
tive. because the words ~maliciousIys or
s-wi1lfully" are omitted, where the inform alton
charges that the defendant did "unlaw fully
and feloniously" make the assault upon s. and
did ~feloniousIy strike him. etc
?. It Is not error for trial court to refuse
20 compel the state 20 elect on which count of
the information 1T viii proceed when such in
form alton contains two counts, one under Sec
~ of the crimes act and another under sec ~
or the same act
3 Where trial court in charging the jury
defines manslughter in the third degree b y
giving substantially the statutory definition.
except emitting the words lin the heat OF
passion, such omission is not preiudicial to
the rights of the defendant
4. A little girl OF the age Of 2 years. who ap-
pEars capable of receiving just Impressions o.
the facts respecting which she is examined
and OF relating them truly is com petent wit
ness Her competency may be shown The
court during her examination ,gitnesE
,. The instructions and evidence COM
planned Of examined and hsld not to be mis-
leading or prejudicial in view OF the facts ad-
mftted upon the trial BY the defendant.
ALI the Justices cOncurung.
A true copy
Attest. @. J. BROWN
lsEALl Clerk Suprems Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
c. J. BROWN,
Clerk Supreme Court

4144.
Kate Fletcher rs. The City Of Ellsworth
Error from Ellsworth County.
REVERSED.
SYLLABUS Blythe COURT HORTON. G. y
I. Where there is a cellar way, or opening.
seventeen feet and five inches in length and
nine feet and six inches in depth, on the side
OF building adJoln ing an alley open for pub
lie travel, and such cellar way, opening. IS
all located on and in the alley and not d
lot or private ground, and has no railing,
guard or other protection around it. an per
son alking in the alley, upon dark might,
falls therein without any negligence pom his
part; Held. That the city Is liable for the n
juries sustained thereby.
,. The evidence in this case examined and
Held, That IL cannot be said, matter OF
law, upon the facts disclosed that the plaintiff
guilty Of such contributOry negligence as
to prevent any recovery Held f7irther That
there was sufficient evidence introduced upon
the trial in support Of the cause Of action
alleged by the plaintiff to go the jury.
All the Justices concurrllg-
A true copy
Attest: 9. J. BROWN.
lsEALl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
s5l4

The State OF Kansas vs.. william Hoffman
Appeal from Chase County
AFFIRMED
SYLLABUS. By THE COURT HORTON. G.
/. An information for grand larceny de-
ecribing the property taken four head OF
~neat cattle IS sufficiently specific.
? The rule announced in the case of State
vs.. Cassidy. y Kas. 800, That the possession
OF stolen property. recently after it is stolen,
1s prfraa fdeie evidence OF guilt. and il unex-
planned may be sufficient OF itself TO warrant a
Conviction followed.
3. The evidence in the case examined and
held sufficient 70 support the verdict OF guilty
and the sentence pronounced thereon.
All the justices cOncurring
A true copy.
Attest: G. J. BROWN.
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

Considering the purpose OF the provisions
Of chap 255, sess laws of 1889. relating ito re-
cOrd1ng Of title notes or evidences OF cOnd1-
tiOnal sales" true Interpretation thereof
makes actual notice of such title notes or con-
ditiOnal sales to subsequent purchaser or
the creditors Of the vendee before the pur-
chase or obtaining 3 lien on such property as
effectuaI as constructive notice by deposit or
record in the office of the register of deeds in
the county where the property is kept
All the justices c0ncurr1ng-
A true copy.
AtteSb- C. J. BROWN,
LsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

The City of Eureka VS.. i. A. AlerrifeId and
Mary E Merrifeld

7I4L
The City of Eureka VS. i. A. MerTiheld and
Mary E. Merrifeld.
Error from creenwoo. <5o-snty.
REVERSED
SYLLABUS By THE CoURI- HORTON. C. J
L. In the absence Of o statute giving an ac-
cOvery OF damages or loss Of services resulting
from death, the death of human being can
not be complained OF as an injury
2 An action to recover damages for injuries
resulting in death Is main tainable only BY the
person who is. by the terms OF the statute. au-
thorized TO maintain it.
3. Section 40 OF the civil code. as construed
with sections a22 ana 422 A, of the civil code,
only permits actions to survive for injury to
the injury.
l. When death results from the wrongful
act or omission of another, sections 422 and
z22 A, OF the civil code apply.
5. Under the provisions Of sections 422 and
49, A. Of the civil code. gen stat 1889. before
the next of kin of q deceased. whose death is
caused by the wrong ful act omission Of
another, can maintain an action for damages
in the place Of the personal represen tative Of
deceased, at the time Of his death. was q non
resident Of this state. or If A resident OF this
state, that person al representative OF his es-
tate has been appointed
All the justices concurTing.
true copy.
Attest: @. J. BROWN,
tsEALl Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

915l
In re J. D. sims
Original Proceeding in Habeas Corpus.
PETITIONER DISCHARGED.
SYLLABUS BY THE COURT. ALIEN ]
Paragraph 2543 of the general statutes OF
1889, far a sit atrern pts to confer on county
attorney the power to commit witnesses for
contern ut on account OF q refusal to be sworn
or testify as provided in this section. Is uncon-
stitutional and void.
Horton. 6. j.. and Johnston. j., concnrring
specially.
true copy
Attest: G. J. BROWN.
lsEAL Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

Just received a new in
voice of the latest designs
in Wall Paper In all grades.
Let me figure on your Paper
Hanging and Painting.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

F'I@-
The State Of Kansas, ex rel John 7. Little vs..
John Spencer.
Original Proceeding in Mandamus.
PEREMPTORY WRIT ALLOWED
SYLLABUS. By THE CoURE HORTON. c.
Chap. 229. OF the sess. laws of 1889. declaring
section lines in Cove and other counties pub
lie highways. is constitutional, proper
tribunal Is constituted 0y the provisions of
the act that the land owners can claim and
receive damages for the land taken for high
ways
All the justices concurrfng
A true copy
Attest. c. J. BROWN,
l5EALl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

The state Of Kansas vs.. Charles Levin
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
1894
State Of Kansas vs. Timothy Crow.
Appeal from Decatur County.
AFFIRMED.
SYLLABUs BY THE COURT. JOHNSTON,

In PROSECUTION Tor selling 1ntOxlcatlng
liquors without permit, 1t IS not necessary
since the enactment of chapter I49 of the laws
of 1850 for the state in the first instance to
prove that the party charged did have a
permit to sell Intoxicating liquor for the ex-
cepted purposes
All the justices cOncurr1ng-
A true copy.
Attest: c. J. BROWN.
SEAL Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

I'D
The First National Bank OF CobIeskin, New
York vs. James NJ Hellyer and Sarah J.
Hellyer.
Error from Phillips County
REVERSED
SYLLABUS By THE COURT JOHNSTON.
In action to recover personal property
mOrtgaged to secure debt, where the de-
fendant sets up the claim OF payment and
which WAS the contrOverJed issue in the case,
the burden of proof rests upon the defendant
to prove such payment: and The giving of
instruction which in effect casts this burden
upon the plaintiff is error.
All the Justices concurrlng-
A true copy.
Attest: G. J. BROWN,
[sEAL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

1852.
Howell Brothers VS.. 5. B. Campbell ct al.
Error from Decatur County.
AFFIRMED.
SYLLABUs By THE COURT JOHNSTON, J
Before Judgment can be ordered against
parties named as defendants in action who
have not been served with summons and who
are in default, il must be clearly shown either
that they personally appeared in court Or that
some authorized person appeared for them
All the justices cOncurrlng.
"A true copy.
Attest: =. J. BROWN,
LsEALI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

c. J. BROWN,
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

G. J. BROWN.
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

Section rs. chapter 152, of the laws of 1891. en-
titled AN Act in Relation to the State Pent
tenriary,'' is void. being IN violation. not onl.
of section 16, article ?. Of the constitution bu
of other constitutional provisions as well.
All the justices cOncurrlng-
true copy.
Attest: G. J. BROWN
[sEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

Charles schram, ct al vs.. Honor Turner.
Error from Butler County
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

G. J. BROWN,
Clerk Supreme Court
The record-union., 1894-04-26
EPISCOPAL CONVENTION.

Heated Discussion Over an Amend
ment Allowing Women to Vote.
SAN Francisco, April 25.-At to-day's
session OF the Episcopal Diocesan Con-
vention the delegates worked themselves
into a heated discussion over the pro-
posed amendment to allow women to
vote at vestry elections. The committee
to whom the resolution had been re-
terred returned an adverse report, which
precipitated discussion. 1t was ar
gue6 that, should women be allowed
to vote, they would become eligible
as vestrymen. Such state OF affairs the
opposing delegates are 10th to eCntem-
plate. The friends of the resolution at
tempted to pass it, however, despite the
adverse report and all argument, but
they were doomed to disappointment.
The resolution was effectively buried, it
being resubmitted to the Committee on
Canons, to be considered by them until
the next convention.
The convention passed resolution di
viding the northern convention into
three parts, as follows: First, COnvocation
of san Francisco, to include San Fran
cisco County, San Mateo, Alameda Con-
ira Costa, Marin and San Joaquin; sec
ond, Convocation of San Jose, to include
the counties of Santa Clara, Monterey,
San Benito and Santa Cruz; third, San
Joaquin ConvocatiOn. to include the re-
mainder of the territory now included
in the Northern Convocation.
The record-union., 1894-04-26
AFFAIRS IN HAYTI.
President Hippolyte Forgives His Oh
Enemy, Legitime.

President IIippolyte Forgives His Old
Enemy, Legitime.
NEW York, April 25.-The latest news
papers from Port-auP Prince, Hayti, brings
news OF an unusual character. Instead of
tales of murder and revolution, L'Opin-
ion Nationdbie prints in very large and
black type the announcement that Presi-
dent Hippolyte had forgiven his old
enemy, Legitime, and has invited him to
return to Hayti. and that he has further
more urged the Chamber to vote pen
sion to Legitime on the ground that Leg
itime is an eX-PreSident of The black re-
public. The reconciliation is apparently
genuine and complete, for the Hippolytes
in the Cabinet are offering welcome to
the exile.
Legitime has been living in Kingston,
Jamaica, ever since he was overthrown
by Hippolyte in 1885. For some time he
plotted to overthrow the latter, but
finally abandoned it and lived in quiet,
and the leading of the nlalcontents passed
into the hands of General Manigat, like
wise an exile at Kingston. The political
Inducements which urged Hippolyte to
become reconciied to his old enemy are
doubtless that he makes himself by this
means more secure IN power. His adher-
ents are mostly in the northern provinces
of the islands, while Legitime is very
strong in the south. II is now under
stood. although the Haytian papers do
not say so, that Legitime will be Presi-
dent in 1897, when Hippolyte's term ex-
pires. Meanwhile the latter will be Sc
cured from Legitimes plottings and both
can use their influence to defeat the
schemes of General Manigat and his fol-
lowers
The record-union., 1894-04-26
corn. Some 1000 experts have also given

corn. Some 1000 experts have also given
the result of presentations. The conelu-
sions reached by the department. is prac-
tically as follows:
With wheat selling at 81 cents and
corn 36 cents a bushel in Chicago. rota-
ton OF crops, rather than a persistence in
exclusive wheat growing, would be more
profitable to our farmers. The cost of
raising wheat per acre is estimated at
Sll 50 and corn Sll II. In each instance
the rent OF the land is the heaviest item,
wheat being SS 81 and for corn S3 03. In
the report for December last the average
farm value of wheat is placed at So 10 per
acre and of corn SIS Il. 1t must be re-
membered, however, that besides the
production Of the wheat the farmer has
the straw of wheat and the stalks of corn,
which in some sections of the country
have a feeding value OF IS per acre, and
while the cost of production was normal,
the price Of both wheat and corn in the
December estimate was far below the
average. In Illinois the estimate of
wheat cost of production is Sll 45 per
acre and of corn Sl1 46. In Iowa, wheat
is placed at So "A, corn 50 81. In Wiscon-
sin, wheat is 81 SO and corn Sl5 80. In
diana, wheat $l2 80; corn Sl2 90. The
general average of the Western States is
$40 70 per acre for wheat and Sll 0S for
corn.
There has been care in the saving of
food and much less waste than is custom
ary during prosperous times. The price
of bakers bread has not generally fallen
and the large proportion OF the city popu-
lation who depend on rye bread have not
received the formal benefit due them as a
result Of the low price of wheat.
The record-union., 1894-04-26
A Nevada County Town Almost
Totally Destroyed by Fire.
SMALL BLAZE AT VIRGINIA CITY,
NEVADA.
Judge walIing of Nevada City Elected
Department. Commander of the
Grand Army of the Republic of
the Place for Holding the Next
Annual Encampment.
snecial to the REcoRp-Ux1ox.

Special to the REcoRD-UNIoN.
TRUCKEE, April 25.-Floriston, rail-
road town, situated few miles east of
Truckee. was laid in ashes early this
morning. The fire started from a de-
fective fiue in Simonds' clearinghouse.
about 4:30 o'clock. The wind was high
and the flames spread rapidly, sweeping
everything before them the entire length
of the town.
The following property was burned:
Simonds' boarding house, saloon and
store; National Ice Company's big ice-
house. o. Lonkey's lumber yard, West
ern Union Telegraph office and five of
the Southern Pacific Company's freight
cars, two of which contained freight. The
only buildings not burned were three
houses on the river and the National
Ice Company's ice-house near the tunnel,
the railroad company's section-house and
turn-table.
A fire train from Truckee was sent tor
Floriston as soon as possible, but ar
rived there too late to be of much servIces
The loss and insurance are not known.
The estimated loss by the fire is SO, =.
600. Simonds' boarding house, store and
saloon We're insured for $4,000, and the
contents OF Lonkey's lumber yard were
buildings burned were also insured.
SMALL BLAZE AT VIRGINIA.
VIRGINIA (Nev.l, April 25.-Two cot
tages were partly destroyed by fire to-
day. The damages were $500. There is
no excitement and no cause for the wild
rurnor that has gone abroad. The fire
started near the Hale Il Norcross mine.
The record-union., 1894-04-26
GREAT NORTHERN STRIKE.
The American Railway Union Trying
to Settle the Difficulties.

1Ho AIu6riCaH AalIWdy
to Settle the Difficulties.
ST. PAUL, April 25.-The committee of
the American Railway Union that is try
ing to arrange the wage schedule on the
Great Northern spent all day with Presi-
dent Hill trying to convince that official
that they were the regular accredited
representatives of his employees, but the
day ended without their object having
been obtained. There are thirty-three
members of the committee coming from
all branches of the road, and Mr.. Hill
went over the pay-rolls of the company
in the first place to find whether the men
were as they claimed, employed by the
company. This matter being settled. the
question was whether they represented
all of their co-employes. Mr.. Hill ex-
planned that he did not wish to settle the
matter with them and then find that they
were not what they claimed, and have
to settle the difficulties all over again.
Mr.. Hill wanted the men to go back to
work pending settlement of the differ
ences This last suggestion was promptly
negatived by President Debs of the union,
who announced that the men did not
proposed to do anything until the whole
trouble was settled for good. When the
committee came together in this confer
ence they presented the demands they
considered necessary to be accepted be-
fore the would consider any proposals to
resume work These demands include
return to the scale of wages in force prior
to last August; that the switchmen at
Helena and Great Falls receive the same
pay as those at Butte; that the manage
ment pledge themselves to sign the sched-
uIes OF wages in force prior to last Au-
gust; that if necessary to reduce expenses
the hours be reduced instead of man being
discharged. The conference will be re-
sumed in the morning.
The record-union., 1894-04-26
CAME TO BLOWS.
A Stockton Physician Knocked Down
by a Supervisor.

by a Supervisor.
STOCKTON, April 25.-The Board of Su-
pervisors censured the management of
the County Hospital at the close of a long
investigation into charges brought by
Supervisor Grunsky. The Supervisor
says he depended upon the County
Physician, DR.. c. Fl. Bulson, to stand up
to what he had said about the manage
ment, and when the doctor testified de-
nying certain statements the Supervisor
attributed to him, Grunsky denounced
Bulson, and the doctor declared that the
Supervisor lied.
The two men met this morning and
Grunsky upbra1ded Bulson, saying he
had a notion to thrash him for going back
on him and for calling him liar before
the board. The doctor told the Super
visor to start in, when Grunsky hit the
physician, knocking him down. The
latter attempted to use pistol, but it was
taken away from him and the trouble
ended. The men had been very friendly
heretofore
The record-union., 1894-04-26

of November than the month OF April.
The precipitation of the storm is IL of an
inch.
CONTRA COSTA.
MARTINEZ, April 25.-It commenced
raining this morning about o'clock, and
continued steadily for a couple OF hours,
when it cleared away with showers during
| the day, and it looks this evening as if 1t
would continue. The rain has removed
all fears of drought in this county, and
good crops are assured.
SAN JOAQUIN.
STOCKTON, April %. Light showers
have fallen to-day, and the indications
are for more rain.
asThe rain here to-day did wonderful
amount of good, but more is needed.
The fall was heavier in the county than
in town, and in places it was enough to
make roads muddy. In The north, east
shower was heavy, and fell on good
ground, where crops are doing well.
Some sections of the county will have
large crops with no more rain.
sTANIsLAUs.
MODESTO, April 25.-Rain commenced
falling at 9:30 this morning. and .07 of an
inch fell by Ii O'Clock, with the promise
of a good rain. All o. the county, except
west of the San Joaquin River, will be
much benefited by good rain.
OAKDALE, April 25.-It began raining
here this forenoon about 10 O'Clock. The
rainfall to-day was 81 of an inch. The
wind is from the southeast. The barom-
eter is falling, an indication for rain to-
night. ~
TUoLUMNE.
SONORA, April 25.-At 10 O'Clock this
morning the long wanted rain commenced
to fall. AT present it is coming down at a
rapid rate, and indications are good for a
spell. 1t will be of immense benefit to
crops in this county.
MERGED.
MERGED, April 25.-Rain began falling
here at 1880 this morning, with very good
| prospects of continuance all day. 1t is
badly needed, and the ranchers are happy.
Half an inch of rain will insure good
crops in most parts of this county.
FRESNO.
FRESNO, April 25. Weather cloudy and
threatening. A light sprinkle of rain fell
| last night. Near the foothills the precip-
| itation was heavier. Crops, except on ir-
rigated lands, are Sorely in need of rain.
On the west side of the valley the grain
crops are gone.
MADEIRA, April 25.-The rainfall for the
season is six inches. There was light
rain last night. 1t is raining at present,
with good prospects of a heavy fall. The
crops are in fair condition.
SANTA CLARA.
| SAN JOSE, April 25.-Following the
southwest breeze which sprang up yes
terday afternoon a light fall of rain COM
menced about A. VI. to-day, lasting un-
til $50. Eight-hundredths of an inch
| fell, making 1914 for the season. against
az for the same period last year. A
| brisk breeze is blowing from the west
and the sky is overcast with light clouds.
| GILRoY, April 25.-The long drought of
seven weeks was broken this morning by
warm showers, ,aggregating a quarter ofan
inch. The drops ofrain were as precious as
gold flakes. Farmers are rejoicing. Feed
was largely benefited and grain ma
terialfy improved by even this small
downfall. The weather looks as though
further precipitation, which is prayed
| for may be at hand
The record-union., 1894-04-26
A lady cIerk shot ami Killed.

CINCINNATI, April 25.-Mary Gilmar-
tin. clerk, was shot and killed to-day
while on her way to work, by Father
O'Grady, Catholic priest, who came
from Ireland three months ago. Miss
Gilmartin was from Sligo County. Father
Gilmartin of Chicago is her brother. She
met o. GRADY in Ireland and his attentions
caused gossip last year. She came to
America After the shooting OpGrady
took arsenic, but it did not kill him. He
confessed the murder. Among his let
ters was one written by Miss Gilmartin
to the Archbishop in Ireland exculpating
0Grady from wrong doing.
The record-union., 1894-04-26
Social Event.at Pasadena.

PASADENA, April &c. B. Scoville,
son of the late James w. Scoville. a
prominent Chicago millionaire, and Miss
Callie V. Dodworth, daughter of Mr.. and
Mrs. a. r. Dodworth of New York, were
married tonight at the home of the
brides grandfather, Allen Dodworth Of
New York. 1t was one of the most brill
iant society events ever witnessed in
Southern California. Mr.. and Mrs. Sco-
vile will spend the summer in the East.
The record-union., 1894-04-26
Native Sons.

EUREKA (Cal.). April 25.-The Grand
Parlor of the Native Sons resumed its
session to-day. A resolution making San
Francisco the permanent place OF meet
ing for the Grand Parlor was referred
to the next Grand Parlor. San Jose was
chosen for the place in which the next
grand celebration will be held. The del
egates will start for San Francisco at 5
o'clock Saturday morning.