davidaulloa/AmericanStories huggingface dataset:
Savannah courier. (Savannah, Tenn.) 1885-1979, 1894-08-30
PlTH AND POINT.

Only stupid people complain OF
hard work. Smart people never over
work themselves.
--"Mr. Younghusband took n gentle
man home TO dinner last night ''llo
seems so mild ] didn't suppose there
was any person living he hated to that
degree"
-She-"Do you think that money
takes the place of a wife?" He Cook
ing over some bills)-"No, but | know
that wife takes the place of money"
Detroit Free Press.
--'Is it true that Mrs, Strongmind
was expelled from the Advanced Won.
ems club?" "Yep. She was found
guilty of ungentlcmanly conduct. -
indianapolis journal.
Mrs. Hiclls-"Are you sure that
you married me for myself alone?"
Ilicl1s-"0f course. Having your moth
er to live with us was not strictly an
idea of mine. Harlem Life.
The man that kicks his daughters
lover down three flights of stairs, sends
her to bed with scolding, and then
turns off the gas, should be sent to
prison for contempt of court.-TeXas
Siftmgs.
But, my good man, shcep-shear.
ing requires "A man who is used to the
shears" "Well, that's all right have
been engaged for three years in prepar-
ing editorials for an Oshkosh wsekly.s
Once Week.
-Nurse-"Looli here, Sammy, you
must leave baby alone. Look at herr
Elder Brother-'I didn't do nothin'.
Jist fetched her nose wifi dis straw, an
she went off like a tirc-craclser. "-IIar
pcr's Young People.
oh, Those Women.-Clara-" GLOW
was Miss Smith dressed?" Matte
"Oh, she had On the plainest clothes
you ever did see" Clara -"They must
have matched her face perfectly
Detroit Free Press.
Mrs McPhiz-"Tcll me, doctor, is
there any danger of becoming insane
by using complexion bleachcs?" Dr..
Blunt-"Not at all. When a woman
begins TO Use them she is about as crazy
as it is ever possible for her TO be-
Boston Transcript.
-Briggs-"EIere comes the under
taker who lived in the next block to
me. Let's cross over" Griggs-"Whats
the NATTER" Briggs-"Tho last time
was sick the doctor told him ]
couldn't live, and l hate to hurt his
feelings. "-Brcolslyn Life.
"A Discovery
When Master grew pale and his eyes became
dim,
And the doctor his people decided to call
Said u cigarette heart was the matter with
him,
Twas the first time they knew he had any al
all.
N. Y. Press.
The Ideal Spot -- Cobwigger-
"Whcre are you going to build your
new summer health resort?' Dr. Xii
shutdown in that place where was
shooting last fall, where | mistoolI the
mosquitoes for snipe, and where the
malaria kills spring poets and bool;
agents"
Why He Changed. -Grecnc-G Gates
81 see you have changed your paper
Halsey Hutnam-"Yes, 1 had to for
ecoHomy's sake; when the folks got
through cutting the coupons out of the
Giftfake there was nothing left foi
the girl to make the kitchen fire with.
brooklyn Eagle
Mrs. Uptodatc (feelingly)-"Yes
my dear, six months after we were mar
ried Jack and made up our minds thai
we weren't bit suited for each other
so, like sensible people, we faced the
inevitable. Jack let's me go my way
and -" Miss Verdant Sympathetic
ally)-"And you let him go his way,
suppose?', Mrs. Uptodatc indignantly
Good gracious, my dear! l should
just like to see him try it."-Demorest''
Magazine.
Savannah courier. (Savannah, Tenn.) 1885-1979, 1894-08-30

Wiley-Did that last bottle do Parke.
good?
Graham--Yes; it cured him of the
patent medicine habit.-Puck.
Savannah courier. (Savannah, Tenn.) 1885-1979, 1894-08-30

The Rio Grande for more than two
hundred miles above Ell Paso, Tex, is
probably the crool1edestan most wind.
ing stream on the continent,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
A BRUTAL SON.
Sad story Told by Mother Eighty
Years Of Age.

A sad and soffowful story was that
told ty an old lady eighty years Of age,
Mfs. Mason, to the police on IhurslAy
last. Her story wa, In hfic, that her
husband died about twelve yrafs as0
and lett considerable properly when
va sitter sumo Trouble uivited, aui
her sn Mara, beiug the iavofiit, wa
give custody OF the lauy's p,ruuu
and was TO lUuk ntct net
Until death. Shorty after this
U vision he took ~ dnnk aul com.
~, need Il.usiug bic mother aud uuius
nWty " IA her pr perry, uhiil some
tint ago said properly was taken rom
him. 40 being unmarried, though .I
years OF age, still boarded Win hl.
mother, aud refused 90 work anu Dos
done nothing for the Inst ten ytafs auI
IL entirely dependent upon bic mulhrf
tor support. About two months aiuuc
he became brutal aud struck At the
old LADY with hntcnei, misslnE hlF
mark, however, ana slighuy dishsui'
ing htr lip; two weeks later ne assault.
81 her with a knife, Threatening 70 cur
her throat, but was prevented ny
neighbors; again only two weeks Since
he struck her IN the back with
shovel which came nigh ending hef
lie; aud now only on Ihufslay lh-t
he made vicious attack upon hti
with fence picket, beating her in "a
most shameful manner
A warrant for the arrest Of Mason
was Immediately Issued anu our
policemen started On the trail, but such
was the chaso that not until SATURDAY
night was he captured, though the ON
GERS were close Oh 10 uim the cntife
time. lie will have a hearing before
Justice Baglyy this afternoon.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23

any of .uGf t'G1us. .lrt-ala-. .gr iI iact
any variety of our poultry. The Aujl.
lusius are very prolific layers All vino
have over ur,d these beautiful fowls doc
c'arn thl. ,hey tread close on tine hooisuf
tlo L.saau. boo egg production. even 20
rra.ae.uu1 uud iho chicks como into tha
world with @ Chick covering Of down.
which rapidly changes t1a fine coat Of
feather.
THo Hamburg hs beauty. An Of tho
lines of rs H.afa Irem tho typical rose
comb fa .H. IH.I. flowing t1iI ara l.ues0f
rrueo aud Uy.H.y. rd ibis beauty be-
heightened Ny thar gmaso The white.
NOW tha rlrlst variety. BE- white, clear
pure. shining vnr IH, b'ae. isof tho
most lusFsu black The ptncilcd 70
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
NOT lDENIlFiED.
Meurs. O'Seil aud Davis, Il. r. Mer,
Feel lnjured at lhelr Arrest.

The two men, w. O'Noll and ID. II.
Davi,, Southern Pacific railroad con.
duotofs, who we're arrested and taken
to Salt Lake by Deputy Sheriff Lam.
pert last Saturday on suspicion Of being
the parties who committed the assault
upon Kunder on the night N tue 1911
inst, were taken before Kunder Tor
Identification. The soldier was not
able 10 Identity the men, though they
answer the description given by hlm
pr cisuly.
Davis anu O'Neii. who are evidently
Fuiltless Of the crime, feel considerably
Injured through the accusations made
against them, anu the eud my not bu
yet. No other arrests have been
made.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
Bulte CIV Road Omen.

A train from Butte city arrived here
at 1850 yesterday, the ilrtt ior twenty.
Que Gays. IL came through without
any difficulty ami was followed hy
another today ~ II O'Clock. Tunlo on
That line nov, ~ Tar ~ lastenstr trains
are coucufuei, 10 Untifely Oreu aud
tfaias viii BE- run over the nue on
scheduled ume IN the future.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
Notes.

A. n. Devins. the man vhs assault.
81 NJ. Gfoss, toe nrrmAn who uas
locking Tor employment A. the Iui1u
depot lat Frii y, was given the lsni-
sney Of the court aud hnsl 500, but
not having the sm0unt be Will spend
i've days 10 the rock piisu.
An open air concert will be givea BY
the Ogden Brass band tonight
Grand celebration a. the Holsprlngi
tomorrow by the n. q, ".
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23

izo Nl tho fowls which have been I'm.
ported from tho countries lying along
the Mediterranean. Their shape Is In.
deed 800 exceedingly like that OF the Log
horns that ono i1 tempted toat oncopro
nouuce them q cross between tine white
Legh0rns aud some darker fowl. And
the additional fact that thoy aro nousit.
tors points seemingly 20 tho Same con.
cluion
Tho Poultry World tells that the Auda.
lusiaus woro imported by English fan.
cicrs nearly 90 years ago and almost inn.
mediaio.y crossed with Blucl, Spanish in
order Co increase their sizes hence real.
ly pure AuIlluaun can rarely uo found
that ia, 900 Andalusi1u like those fonud
IN their original Audalusa--though birds
which have boon bred 20 20 feather Cor 90
years must be acknowledged US uuro us
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
ChaS. W. StaynGr,
LAWYER,
Observation-Disclosures Building.
First South street. salt Lake City
ESTATES.

Heirs end others having IN estate to
settle should consult Chas. W. Siayner
lie has had an experience OF over
twenty-five years as attorney for estates.
wills drafted and estates settled Office
McCornick.R.eharis Building, Salt Lake
City.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
LAND CASES.

Persons having land contracts, OF
whose patents are delayed, should con.
suit Chas. w. Stayner lie has just
returned from Washington, where he
has been conducting successful
practice Ia the General Land Office.
Congressional work attended to. Office
McCouiek.Richards Building. Salt Lake
City.
Correspondence solicited. Send
stamped envelope Tor reply.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-07-23
ANoALus.ANs ~ HAMnuaos

Noted Tor Elegance 81 Carriage aud Bsau.
" Ut riuo age,
Tho Andblusinus originated IN Andn.
lusin, Spain. Like tho Leghous aud
Spanish, thoy are generally marked by
large combs, white ear lobes and the mp
right carriage which seems to character.
The advocate., 1894-07-11

AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON. J.
/. A construction train was operating In
Missouri, carrying supplies along the line Of
the railroad. An open car was loaded with
coal at q station, and upon the top OF the load
two smoke-stacks were loosely placed, subject
to be shaken OF by jerk resulting from the
starting or stopping Of the train. The duty Of
loading such cars devolved upon the station,
agent and nOt-Upon the sF&ihmon, and IL WAS
the duty Of the yArdmaster, and In his absence
that OF the station agent, to see that open cars
were properly inspected and prepared to be
put into the train for transportation. When
the train reached the station, . brakeman was
directed to hurry and couple the car ahead OF
the engine, so as TO get out Of the way OF q
coming train and was then directed to hurry
and get upon the front end of the car and keep
a lookout upon the track In the direction they
were going, the car being pushed ahead Of the
engine to q siding short distance away. In
this position and looking forward, his back
was toward the loose smoke-stacks on top Of
the coal. While he was occupying this place,
the engineer Carelessly applied the sir.brake,
checking the speed OF the train and jerking
the coal car so that che loose smoke-stAcks
pushed forward and struck the brakeman
upon the body, throwing him down under tho
wheels OF the car, whereby he was badly In
jured There was testimony that he had no
knowledge or opportunity to know OF the
dangerous condition OF the car. Upon trial
the jury found that the injury resulted from
the negligence OF the company, and not from
any want Of care on the part Of the brakeman.
Held, That it was the duty Of the company to
properly prepare and inspect the car before 1t
was turned over to the trainmen for trans.
portstlon; and those who did prepare and In
spect the same were not In the same grade Of
service with the trsinmen, and they did not
stand as to each other In the relation OF fellow
servants and, further. that the company Is
liable for the negligence and resulting injury.
q Evidence examined, and held TO be sutfi-
cient to sustain the verdict Of the jury.
All the justices concurnng
A true copy.
Attest: c. ]. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-07-11

tanned by she agent in the sale OR the pFiMCi-
pAls goods belong 10 Ghe principal.
4 Where All the negotiations between tho
DAFkiOs 20 o case are included IN letters ana
kslewFams, and Che plaintiff Offers part cS the
eorFgsDOndere, after having Identified the
aNme by one Of che defendants, &c 10 nOt error
for the cOuHt 90 permit the witness on Gross
examination 10 identify the balance OK Eh9
correspondence with relation 10 the same
SFsnsSctlon, and Offer the same In eytdaneoin
connection with she cross examination.
All the justices concurTtng.
A true copy.
Attest: O. J. BROWN,
IsRALl Clerk Supreme Court
The advocate., 1894-07-11
7NO
George E. Hasie vs.. J. W. COnnOr, Sheriff.

George E. Hasie Vs. j. w. Connor, Sheriff.
Error from Cowlsy County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON
/. In an action Of replevin, brought by q
mortgage to recover goods attached by the
creditors Of the mortgag0r, who claim that
the mortgage is fraudulent and the debt
which 1t purports TO secure ts not bona fde,
and where II 10 shown that the mortgage is
fair ON its face, duly recorded, and that the
mortgage was In the actual possession Of the
mortgaged property at the time Of the levy Of
the attachment, te deVolYes upon the defend
ants to show that the debt secured by the
mortgage was not actual and honest and that
the mortgages were made for the purpose Of
delaying and dsfraudlng the creditors OF the
moHtgagor.
q 4 creditor, who in good faith obtains
from an ins0lVent debtor property or security
in payment Of an honest debt, where the
debtor may have acted with the design Of de-
laying and defrauding other creditors, will
not lose his preference by reason OF notice OF
the wrongful design OF the debtor, providing
his only purpose Is to fairly obtain sattsfac-
tion or security for his own debt, and that he
does not participate in the wrongful intent Of
the debtor.
8. A creditor, who is In absolute good faith
takes the prOpeFty OF his debtor at Q fair VAlu-
alton In payment Of his debt,although the pay
ment Of an honest debt may absorb the entire
property Of she debtor, commits no fraud
against any one.
4. The mortgage was named as defendant
In the attachment suits brought by the cred
itors but the goods were levied upon as the
property Of another, These suits were pend
ing and undetermined when the repleVin &C.
tiOn 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 were dismissed to him. Held,
That the creditors were estopped from assert
ing that the action Of Feplevin could not be
maintained because 1t was begun before the
attachment proceedings were determined.
All the justices concurnng.
A true copy.
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-07-11

purchase price Of the goods, tresting the trAng-
action as q sale, the commencement OF sucn
action passes the title to the agent, and Will
prevent the owner from thereafter maintain
Ing an action TO recover the property from che
sheriff holding iS under writs OF attachment
All the justices c0ncUrring
A true copy.
Attest: c. BROWN,
TsEALl Clerk Supreme Court.
The advocate., 1894-07-11

parties named as defendants in an 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.
AN the justices cOncuFring.
A true copy.
Attest: G. J. BROWN,
SEAL Clerk Supreme Court
The advocate., 1894-07-11
SYLLABUs.

/. An agent employed 70 sell -four on COM
mission Is presumed TO act for his principal In
making sales, unless 1t clearly appears that it
agent was dealing in the particular tRAnssc-
tion with the principal on hiS own account,
and where IL does not 90 appear, prohtS OBJ
The advocate., 1894-07-11
7207.

The Central Kansas Loan Il investments
Company, Corporation, vs. The Chicago
Lumber Company, q Partnership.
Error from Kingman County.
DISMISSED.
SYLLABUS. By THE COURT. JOHNSTON,
Where judgment against several defend
ants Is brought up to the supreme court tor
review and Il appears that Q modification or
reversal win AFFECT o defendant who has not
been made party the proceeding in errcr
win be dismissed.
All hejustices concurring
A true copy.
Attest, G. C.JBROWN,
[sBALl Clerk Supreme Court
The advocate., 1894-07-11

state Of Kansas vs.. G. N. Keys
Appeal from Brown County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON.
/. An instruction that at does not discredit
q witness IL he should voluntarily appear
without the issuance OF subpoena" is not
prejudicial error, where the jury are also told
that they may take into consideration any in
terest which the witness might appear to have
or any bias, prejudice or unfatrness mani
tested by him.
z An error in charging the jury which could
not have affected the substantial rights Of the
defendant affords no grounds for reversal Of
the judgment
An the justices cOneurrlng.
A true copy.
Attest: c. ]. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-07-11

BY THE CoURT.
sYLIAAus

/. The notice required by paragraph 1885, OF
the general statutes oR 1889, 90 be given In pro.
Coedings 10 condemn the right-of-way FOR q
railroad, may be given and signed by the com
missioners appointed TO make Che condemns
tion.
a The commissioners may properly embody
in the report which they hle with the county
clerk, statement OF their doings wieh refer
encO TO giving notice OF the time when they
win proceed To lay OH the route OF the rail-
road. and such reCltAlB are pFiMlG fGcie eYi-
dence OF the facts therein stated.
8. Recitals Ia the report OF che commissions
ere appointed to condemn nght-of-wRy
showing the following facts: Afterwards on
the 1ss day OF July, A. d., 1887, we caused 20 be-
published In the Sumner County Standard,
Newspaper published In said Sumner eounty,R
notice, OF which tho following 10 . copy Fol.
lowing which 80 q notice that they Wlll pro-
cead TO lay OF the route on the H0th day Of
July, A. D., 1887, which notice Ia dated AG The
bottom june %, 1887, and signed BY the com
mlssiOneFs, after this comes the following Ra-
cltal, (which said notice was published TOR
thirty days before the time fixed for proceed
ing TO lay OF said route, and afterwards, on,
to-wit: the S0th day Of July, A. D., 1887, ct the
said, we met, organized, and adjourned 10
meet at the same place on the 8rd day OF Au-
gust, 1887" having been acted upon by the
commissioners, 90 o vglid notice, and so con-
strued by the district court Held To show
DTintG faCis that thirty days notice was given
as required by the statute.
Allen, j., dissenting
Horton, g. j., and Johnston, j.. eoncnFFinR.
A true copy.
Attest: Q. ]. BROWN,
lsEAL Clerk supreme Court
The advocate., 1894-07-11
SYLLABUR

l. A vendor who sells and delivers goods at
prices and on terms Of payment definitely
liked by the contract, bat retains the right 10
elect to take the goods remaining unsold by
his vendee as the property Of the vendor, IS
actual exercise Of such election, and creditors
Of the Vendee who attach such goods prior TO
any election by the vendor acquire Q valid lien
thereon.
TO an agent under q contract authorizing the
agent TO sell and retain all the proceeds over
the price fixed in the contract, and also giving
the owner the right at the close Of the season
10 require payment from the agent OF the
where the agont ADscondo and the property 30
In his possession IL attached By hig creditors,
II the owner With knowledge of these facts
commences en action againstthe agent for the
The advocate., 1894-07-11
1905.

1905.
The First National Bank Of Cobleskill, New
York vs. James NJ. Hellyer and Sarah j.
Hellyer.
Error from Phillips County.
REVERSED.
SYLLABUS BY THE COURT. JOHNSTON, J
In an action TO recover personal property
mOPtgaged to secure . debt, where the de-
fendanE sets up the claim Of payment and
which was the c0ntrOverted issue in the case,
tbs burden Of proof rests upon the defendant
70 prove such payment; and the giving OF an
instruction which in effect casts this burden
upon the plaintiff is error.
All the Justices concuRnng.
true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-07-11

1905
The Citizens National Bank Of Kingman VS..
George f. Berry & Company.
Error from Kingmsn County.
REVERSED.
SYLLABUS. BY THE COURT. ALLEN,
The president Of banking corporation has
the power to employ and manage the lltigR-
tion Of the bank In the absence OF any order OF
the board Of directors depriving him Of such
power.
All the justices cOncurring.
A true copy.
Attest: &. J. BROWN,
[sEALl Clelk Supreme Court
79Oa
The Citizens Bank of Kingman vs.. J. G. Nc
Clelland.
Error from Kingman County.
REVERSED.
SYLLABUS. BY THE COURT. ALLEN,J
B. & Co. obtained judgment against the
Citizens National bank, OF which defendant
claims that plaintiff is successor. Under an
execution issued on such Judgment, without
any proceedings against the Citizens bank,
plaintiff In this case, the defendant as sheriff
seized plaintiffs property TO satisfy such judg-
ment, Held, That such seizure was wrongful.
All the justices coneurrlng.
Atrue copy
Attest; G. ]. BROWN,
[sEALl Clerk Supreme Court
71O2
~ ~, r,,. ,,- - m p,.-.
The advocate., 1894-07-11

Howell Brothers vs.. 8. B. Campbell, ct al.
Error from Decatur County.
AFFIRMED.
sYLLAsUh BrTHr COuRr JOHNSTON. J
Before judsIeans can be ordered ugainss
The advocate., 1894-07-11
The Orchard Place Land Company w. 8. M.
Lewis.

AWU VIUA4BAW KANUU 14NI4A OVLNEtallI V'' % IA
Lewis.
Error from Wyandotte County
AFFIRMED.
SYLLABUS BY THE COURT. ALLEN,
Where the testimony at the trial ig conflict
ing, and the trial court sets aside the verdict
OF the jury and grants o new trial, this court
win NOT undertake to weigh the evidence, but
will affirm the order OF the lower court.
All the justices concurring
A true copy.
Attest @. J. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-07-11

franklin Guess, OF al. VS.. Lewis NJ. Briggs,
et oil.
Error from Atchison County.
DISMISSED.
SYLLABUS. Blythe CoURT. ALLEN J,
3 In order TO revive an action pending in this
court on q petition In error, where no consent
to such reVivor is given, IL Is necessary that
notice Of the application shall be served on
the adverse party as required by section l2S, OF
the code, and an order obtained without
either consent or notice 10 q nulllty.
All the justices COncurring
Attest: @. ]. BROWN,
[sEAL1 Clerk Supreme Court
The advocate., 1894-07-11

Atehison, Topeka & Santa Fe Railroad Com
pAny vs.. Alfred n. Seeley.
The advocate., 1894-07-11

The State Of Kansas yB. Charles Levin.
Error from Leavsnworth County.
The advocate., 1894-07-11
AFFIRMED.
sYLLABuG

Section Is, chapter l69, OF the laws OF 1891, en-
titled, "An Act In Relation to the State Penl-
tentiAry," is void, being In violation, mos only
Of section 16, article g. OF the constitution, but
Of other constitutional provisions 90 WELL
All the justices concuFrtng
A true copy.
Attest: @. J. BROWN.
(sEkL Clerk Supreme CoIrS
The advocate., 1894-07-11

Thomas B. Clement vs. The wichita & South
western Railway Company
Error from Sumner County
AFFIRMED.
7a&
Thomas b. Clement va. The Wichita S South
western Railway Company.
Error from Sumner County.
AFFIRMED.
The advocate., 1894-07-11

Error from Johnson County.
AFFIRMED.